council report on proposed kangaroo flat subdivision

7/26/2019 Council report on proposed Kangaroo Flat subdivision

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Planning for Growth - Reports Ordinary Meeting - 15 June 2016

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2. PLANNING FOR GROWTH

2.1 316-318 HIGH STREET, KANGAROO FLAT - 34 LOT SUBDIVISION,REMOVAL OF VEGETATION, VARIATION OF EASEMENTS AND

ALTERATION OF ACCESS TO ROAD ZONE CATEGORY 1

Document Information

Author Shannon Rosewarne, Senior Planner

Responsible Prue Mansfield, Director Planning & DevelopmentDirector

Summary/Purpose

Application details: Subdivision of land into 34 lots, removal of vegetation,variation of easements and alteration of access to a road inRoad Zone Category 1

Application No: DS/100/2016

Applicant: Tomkinson Group

Land: 316-318 High Street, KANGAROO FLAT 3555

Zoning: General Residential ZoneRoad Zone 1

Overlays: None

No. of objections: 3 and a petition

Consultationmeeting:

A meeting was held on 19 April 2016 attended by theapplicant and 2 objectors, however the objections were notable to be resolved.

Key considerations: Whether the proposed subdivision is an appropriate

outcome; The natural environment and loss of native vegetation;

Compliance with ResCode (Clause 56);

Traffic impacts;

Flooding and drainage;

Amenity considerations;

Cultural heritage.

Conclusion: The site is in a good location to provide new housing in termsof accessibility to employment opportunities, leisure, shoppingfacilities and public transport. The proposal is consistent with

the established neighbourhood character.


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This report considers the application and recommends thatCouncil issue a Notice of Decision to Grant a Planning Permit.

Policy Context

City of Greater Bendigo Council Plan 20132017 (2015-2016 Update)

Planning for Growth

Housing options provide broader choice in order to meet current and futurecommunity expectations and needs.

Sustainability

The built and natural qualities that make Greater Bendigo an attractive and appealingplace are valued and conserved.

Report

Subject Site and Surrounds

The site consists of one land parcel with an area of 2.7 hectares. It contains a singlestorey, weatherboard dwelling and garage (for which a demolition permit has beenissued), remnant vegetation as well as some exotic plantings and two dams. A drainageline runs in a north south direction through the site.

The site has a frontage of 43 metres to High Street and 15 metres to Kingerlee Drive, butotherwise abuts residential land on all sides. Access to the site is currently via the HighStreet service road.

The surrounding area comprises residential development, with a range of lot sizes,housing styles and eras. The adjoining land to the north is developed with 22 units and acommunity centre, while the abutting land on High Street is developed with single storeyweatherboard and brick dwellings generally dating from the 1950s to 1970s. The abuttingland to the west on Elvey Drive is developed with single storey detached brick dwellingsdating to the 1990s onwards.

A planning permit (DS/63/2013) has issued for a 61 lot subdivision of adjoining land tothe east, known as 340A High Street, Kangaroo Flat. This subdivision is currently under

construction. A planning permit application (DS/3/2016) for a 20 lot subdivision of 7Clarcoll Crescent, Kangaroo Flat is currently being considered by the City.

The subject site is located approximately 2 kilometres south of the Kangaroo Flat activitycentre, and 5.3 kilometres from the Bendigo city centre.


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Figure 1: Location map showing subject site. Individual objectors properties marked with a star.

Figure 2:Aerial photograph showing subject site.

Proposal

The proposal is for a 34 lot subdivision and the removal of native vegetation. All nativevegetation will be deemed to be lost as a result of the subdivision. A new road isproposed to provide access to the site off both High Street and Kingerlee Drive. All thelots created by the subdivision will front the proposed internal roads.

A 1,072 square metre reserve for drainage purposes is proposed to be provided alongthe northern boundary of the site.

The proposed lots will range from 425 to 787 square metres in size, with the average lotsize being 571 square metres.


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A walkway is proposed along the southern boundary of the site which will providepedestrian access from High Street to the subject land, the adjoining subdivision andexisting residential developments.

Existing drainage easements are proposed to be removed and replaced with neweasements, as shown on the plan below. All the lots in the subdivision will be fullyserviced by reticulated water, sewerage and electricity.

Figure 3:Proposed plan of subdivision


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Planning Controls - Greater Bendigo Planning Scheme

The following clauses are relevant in the consideration of this proposal:

State Planning Policy Framework

11 Settlement 11.05 Regional development

11.12 Loddon Mallee South Regional Growth

12.01 Biodiversity

15.01 Urban environment

15.02 Sustainable development

15.03-2 Aboriginal Cultural Heritage

16.01 Residential development

18.02 Movement networks

19.03 Development infrastructure

Municipal Strategic Statement

21.05 Settlement

21.06 Housing

21.08 Environment

21.10 Reference documents

Other Provisions

32.08 General Residential Zone

52.01 Public Open Space Contribution and Subdivision

52.17 Native vegetation 56 Residential Subdivision

65 Decision Guidelines

Consultation/Communication

Referrals

The following authorities and internal departments have been consulted on the proposal:

Referral Comment

Powercor No response. Standard conditions to be applied.

Coliban Water No objection subject to conditions.

Downer Utilities No objection subject to conditions.

NCCMA No objection, no conditions.

VicRoads No objection, no conditions.

Department ofEnvironment, Land, Waterand Planning

No objection, subject to conditions.


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Referral Comment

Traffic & Design No objection subject to conditions

Drainage No objection subject to conditions

Public Notification

The application was advertised by way of notice on the site and letters to adjoining andnearby owners and occupiers.

As a result of advertising, 3 objections and a petition containing 98 signatures werereceived. A consultation meeting was held with 2 of the objectors, however theirconcerns were not able to be resolved. The grounds of objection are:

Land was intended to be used as a wildlife reserve and not be developed.

Concern about loss of native vegetation and impact on habitat for wildlife. Concerns about flooding and drainage.

Traffic impacts, including access via High Street.

Concerns about amenity impacts including privacy impacts and potential foroverlooking if two storey dwellings are constructed on the land, and an increase intraffic and noise.

Concerns about the protection of Aboriginal cultural heritage.

Proposal will only comply with the minimum requirements of Rescode.

The objections are discussed in the assessment below.

Planning Assessment

State Planning Policies

The State Planning Policies which are relevant to this application are previously identifiedin this report.

Clause 11 (Settlement) states that planning is to anticipate and respond to the needs ofexisting and future communities through provision of zoned and serviced land forhousing, employment, recreation and open space, commercial and community facilitiesand infrastructure. It also states that planning is to facilitate sustainable development thattakes full advantage of existing settlement patterns, and investment in transport andcommunication, water and sewerage and social facilities. The proposal supports theseobjectives.

Clause 11.05-4 (Regional planning strategies and principles) aims to promote thesustainable growth and development of regional Victoria through a network ofsettlements identified in the Regional Victoria Settlement Framework plan. One of thestrategies is to direct urban growth into the major regional cities, including Bendigo.

Clause 11.12 (Loddon Mallee South Regional Growth Plan) identifies Bendigo as aregional city and strategies include supporting Bendigo as the major population andgrowth hub for the region, and facilitating increased commercial and residential densities,


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mixed use development and revitalisation projects for underutilised sites and land inBendigo.

The proposed subdivision will support the demand for housing as a result of populationgrowth in the municipality.

Clause 12.01 (Biodiversity) relates to the protection of Victorias biodiversity and nativevegetation management, with the objective of Clause 12.01-2 (Native vegetationmanagement) being to ensure that permitted clearing of native vegetation results in nonet loss in the contribution made by native vegetation to Victorias biodiversity.

Native vegetation on the site will be deemed as lost as a result of this proposal, howeverit will be appropriately offset, with permit conditions outlining offset requirements.

The importance of energy and resource efficiency is referenced in Clause 15.02(Sustainable development). The proposal will make efficient use of existing utilities and

public transport networks, and will provide for sufficient solar access for new dwellings.

Clause 15.01 (Urban environment) contains objectives and strategies relating to thedesign of subdivisions which achieve attractive, liveable, walkable, cyclable, diverse andsustainable neighbourhoods. The proposal will contribute to a livable and sustainablecommunity through the provision of a range of lot sizes, and it will support existingactivity centres and public transport networks.

Clause 15.03-2 (Aboriginal Cultural Heritage) has the objective of ensuring the protectionand conservation of places of Aboriginal cultural heritage significance. In this case, thesite is not within a mapped area of cultural heritage significance; as such a Cultural

Heritage Management Plan is not required to be prepared.

Clause 16.01 (Residential development)promotes a diverse range of housing that meetscommunity needs in locations that offer good access to services and transport and that isenergy efficient.

The subdivision of the site into 34 lots will support an increased residential density whichcan be appropriately facilitated through the provision of services and infrastructure. Thesubdivision will increase the availability of housing in an established part of KangarooFlat. The site is well serviced by public transport, as bus routes 5 and 55 are located onHigh Street, with connections to the Kangaroo Flat Railway Station and other facilities

and services in the vicinity including Lansell Square shopping centre, the Kangaroo Flatactivity centre on High Street, a number of schools, kindergarten and childcare, and openspaces for passive and active recreation.

Clause 18.02 (Movement networks) promotes sustainable personal transport, cyclingand public transport. The proposal supports these policies as the site is well located totake advantage of existing public transport, and the subdivision will provide for apedestrian link and footpaths.

Clause 19.03 (Development infrastructure) identifies the need to provide for social andphysical infrastructure in a way that is efficient, equitable, accessible and timely, andencourages the efficient use of existing infrastructure and services. The site is located in


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an area which can be fully serviced by utilities and is within proximity to a range ofestablished social infrastructure.

Local Planning Policies

Clause 21.05 (Settlement) and Clause 21.06 (Housing) within the Municipal StrategicStatement (MSS) are supported by a residential development strategy which advocatesfor urban consolidation. Clause 21.08 (Environment) recognises the importance of BoxIronbark forests in the municipality.This clause notes that heavily forested areas alongwith areas of native vegetation on roadsides and waterways, provide an importantframework of remnant habitat and wildlife corridors surrounding Bendigo.

The land is zoned General Residential and is located within the Urban Growth Boundary.The proposal meets the overarching objectives of both the Bendigo ResidentialDevelopment Strategy (2004) and the Greater Bendigo Residential DevelopmentStrategy (2014)as it provides for urban consolidation in an area which has good access

to local services and facilities.

A key component of the adopted Greater Bendigo Residential Development Strategy(2014),which will be introduced into the Planning Scheme via Amendment C215, is toimplement the concept of 10 minute neighbourhoods around activity centres. Theproposal is consistent with this principle as shown on the locality plan below.


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Figure 4:"10 minute neighbourhood"

The site is located within the southern part of the study area within the adoptedKangaroo Flat South Regional Centre Structure Plan (2006),a high level strategic planwhich is listed as a reference document at Clause 21.10 of the MSS. The Structure Planshows the site and surrounding land being in an area designated for landscape sensitiveresidential low density development. A new road connection is shown off High Street,which is consistent with the proposed new access.

It is noted that the proposed subdivision will create a development at a higher densitythan suggested by the Plan. The adjoining land to the west of the subject site will also be

subdivided at a more conventional density. The native vegetation that exists on the site isnot deemed to be of high quality or high conservation significance and its biodiversityvalue would be lost even if the land was developed at a lower density, and appropriate


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drainage for the site can be achieved. The land is zoned General Residential Zone and isnot subject to any environmental or landscape overlays. The site is well located in termsof proximity to services and facilities in Kangaroo Flat. Therefore, there is no reason torequire that the land be developed at a lower density than that which has been proposed,and the proposal is consistent with the established neighbourhood character.

General Residential Zone

The purpose of the General Residential Zone includes:

To encourage development that respects the neighbourhood character of the area.

To implement neighbourhood character policy and adopted neighbourhood characterguidelines.

To provide a diversity of housing types and moderate housing growth in locationsoffering good access to services and transport.

The site is appropriately zoned to cater for residential development at the scale anddensity proposed in this application. There is no applicable residential character policyfor this area, however lot sizes in the immediate area generally range in size between500 and 800 square metres. The lots are principally developed with single storey,detached dwellings with associated outbuildings. The proposed subdivision will providefor lots of similar sizes, with the average lot size being 571 square metres. The site iswell located in terms of access to services and transport, as noted previously.

Compliance with Rescode (Clause 56)

The application has been assessed against all the relevant objectives and standards of

Clause 56 and is deemed to comply.

Clause 56.01-1 Subdivision site and context descriptionThe application was accompanied by a written statement describing how the subdivisionis consistent with and implements the policies in the planning scheme.

Clause 56.01-2 Subdivision design responseThe layout of the subdivision responds to the surrounding area, responds to planningpolicies within the Planning Scheme and complies with the relevant requirements ofClause 56.

Clause 56.02-1 Strategic implementationAs noted previously, the proposal supports the objectives of the Citys Greater BendigoResidential Development Strategy (2014). The proposal will make efficient use of anunder-utilised residential zoned parcel within the Citys Urban Growth Boundary, which isable to be fully serviced.

The subdivision will provide for 34 new dwellings in a location that is well placed to takeadvantage of a range of existing services and community facilities. Nearby facilitiesinclude Lansell Square Shopping Centre and the activity centre on High Street, primaryschools, a secondary school and active recreation facilities at Dower Park RecreationReserve, passive recreation opportunities along the Bendigo Creek, Crusoe Reservoir

and the Bendigo Regional Park. Public transport is available via a bus route on HighStreet and the Kangaroo Flat Railway Station.


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Clause 56.03-4 Built environmentThe subdivision will provide for an appropriate residential character, consistent with thatof the surrounding area, in addition contributing toward a safe and functionalenvironment.

Clause 56.04-1 Lot diversity and distributionThe proposal provides for a residential density of approximately 12 dwellings per hectarewhich is acceptable for the area. The subdivision will provide a range of lot sizes, withpotential for medium density development on the larger lots. The site is serviced by theNo. 5 and No.55 bus routes and the nearest bus stop in on High Street.

Clause 56.04-2 Lot area and building envelopesEach lot will be of sufficient size to provide for the appropriate siting and construction of adwelling, private open space, stormwater management and vehicle access and parking,and will achieve a good level of solar access. Building envelopes are not required for lots

within this subdivision.

Clause 56.04-3 Solar orientation of lotsThe dimensions of the lots will be adequate to provide for sufficient solar access.

Clause 56.04-2 Street orientationAll lots will front streets which will enable visibility and surveillance of the public realm.

Clause 56.04-5 Common areasNo common property areas are proposed as part of the subdivision.

Clause 56.05-1 Integrated urban landscapeThe subdivision will create new streets and a reserve. A landscape design for theseareas will be required as a condition of the permit.

Clause 56.05-2 Public Open space provisionNo public open space is proposed to be provided as part of the application. While aretarding basin of 1,072 square metres is proposed, this is considered to be encumberedopen space for drainage purposes. There is sufficient open space in the surroundingarea to cater for the future needs of residents, including within the adjoining subdivisionalong Bendigo Creek, the nearby Bendigo Regional Park and sporting facilities at DowerPark. As such, it is recommended that Council require the developer to make a cash in

lieu contribution of 5% of value of the land as a condition of permit.

Clause 56.06-2 Walking and cycling networkFootpaths will be constructed to the Citys requirements and in accordance with therelevant standards.

Clause 56.06-4 Neighbourhood street networkThe proposed street network takes into account the existing mobility network. The newstreets will provide safe and efficient access to all lots for all vehicles, including serviceand emergency vehicles and will provide an appropriate speed environment forpedestrians and cyclists.


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Clause 56.06-5 Walking and cycling network detailA link is proposed along the sites southern boundary which will connect to an adjoiningsubdivision and provide access to open space along the Bendigo Creek.

Clause 56.06-6 Public transport networkThe subdivision does not require alterations to the public transport network as there isalready a bus stop located in High Street which will service the development.

Clause 56.06-7 Neighbourhood street network detailThe design of the proposed new streets will meet the requirements of the InfrastructureDesign Manual.

Clause 56.06-8 Lot accessThe design and construction of new crossovers will be required to meet the requirementsof the Infrastructure Design Manual.

Clause 56.07-1 Drinking water supplyThe site can be serviced with reticulated potable water by Coliban Water.

Clause 56.07-2 Reused and recycled waterReticulated recycled water is not available in this locality, however the lots will be ofsufficient size to enable the installation of water tanks.

Clause 56.07-3 Waste water managementThe site can be serviced with reticulated sewerage by Coliban Water.

Clause 56.07-4 Urban run-off management

Stormwater runoff will be directed to a retardation basin in the northern part of the siteand then the

Clause 56.08-1 Site managementA Construction Management Plan will be required as a condition of permit which willaddress erosion and sedimentation controls, dust suppression, protection of anyvegetation to be retained etc.

Clause 56.09-1 Shared trenchingShared trenching will be utilised where appropriate.

Clause 56.09-2 Electricity, telecommunications and gasThe site can be fully serviced with electricity, telecommunications and gas. Conditionsrequested by servicing authorities will be placed on the permit.

Clause 56.09-3 Fire hydrantsNew fire hydrants must be provided for the subdivision to the satisfaction of the CFA.

Clause 56.09-4 Public lightingNew public lighting is needed for the subdivision. Details of street lighting will be providedas part of engineering plans for the subdivision.


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Natural environment and character of the area

Objectors contend that the site is a nature reserve harbouring a wetland and significanthabitat for many species of birds and animals, and that the proposal will have adverseimpacts on the environment and the amenity of existing residents and the proposal isagainst the wishes of the previous landowners.

The objections are also concerned about a change to the character of the area, with thevegetation on the site being a reason they bought in the area.

The site is a privately owned parcel of land zoned General Residential Zone which allowsfor the land to be used and developed for residential purposes. It has not been zoned fora public reserve for the purpose of recreation or conservation, nor do any covenants orrestrictions exist on the title for the land. The site was sold at a public auction and aproposal for a residential development has been prepared in accordance with theplanning scheme requirements.

Some parts of the municipality are affected by local residential character policies whichencourage the retention of native vegetation where it forms part of the character of anarea. However, there is no local policy affecting this site and the surrounding area haslargely been cleared over time and developed with housing, with only scattered treesremaining, except for some patches which have been retained along a watercourse.

In this instance, it is considered that the benefits of developing the site for housingoutweigh the biodiversity value of the vegetation that exists on the site, as detailedbelow.

Loss of native vegetation

The site contains 2.18 hectares of remnant vegetation which is proposed to be removedas part of the application, to facilitate the subdivision and development of the site. Thevegetation has a moderate pathway" classification under Clause 52.17 (Nativevegetation) of the planning scheme.

The native vegetation has limited biodiversity value. It is located in an urban setting andhas been modified. A survey was carried out on the site which did not record any rare orthreatened species, and found that the site is unlikely to be suitable habitat for suchspecies. General offsets will compensate for the loss of biodiversity that will result from

the proposed clearing.

It is not possible to avoid the removal of vegetation altogether and still develop the site. Ifsome vegetation were required to be retained, development opportunities for the sitewould be significantly constrained and the biodiversity value of the vegetation would becompromised, with retained vegetation only offering some level of amenity value.

As such, the moderate biodiversity value of the vegetation has been weighed againstdeveloping the site in a manner that optimises lot yield. The loss of remnant vegetationresulting from the subdivision will be appropriately offset with conditions specified on thepermit detailing the offset requirements.


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Flooding and drainage

Objectors have raised concerns about flooding from stormwater. The site is not affectedby any overlays, and is not included within the mapping for the Bendigo Flood Study, butthe application was referred to the North Central Catchment Management Authority(NCCMA) for comment, in addition to the Citys Engineering and Open Space unit. Noobjection was received from these authorities, but appropriate drainage conditions will beplaced on the permit.

A drainage concept has been prepared for the site. It will comprise a pit and undergroundpipe system and a stormwater retarding basin, with overland flow paths to be catered forin the internal road network. The proposed retarding basin will be located in the low partof the site and will be designed to limit flows to pre development flows.

The application states that the existing trunk drainage line through the site discharging tothe south east end will be piped and extended to drain directly to the Bendigo Creek,

effectively bypassing the site and significantly reducing flows through the site and to theexisting residential downstream system. As part of the development, a drainage line willalso be constructed on the eastern side of the site to cater for the existing adjoining lotsfronting High Street as part of this subdivision, so that these lots will have legal points ofdischarge.

Amenity considerations

Objectors have raised concerns regarding potential amenity issues including loss ofprivacy and potential for overlooking, and increased traffic and noise.

Privacy is a matter that will be considered under the building regulations when housesare built on the proposed lots. The lots are of an adequate size to accommodatedwellings that would comply with the relevant standard. The developer has agreed toprovide a new boundary fence for one of the objectors who currently has an open style offencing, to address their concerns about privacy.

While it is anticipated that noise levels in the area will increase as a result of additionalpopulation accommodated at the site, it is considered that the likely noise levels will notbe unacceptable and noise will be of a typical residential nature.

Traffic impacts

One of the objections states that High Street offers poor access as the site will beaccessed via a service road, and that there are already traffic problems due to thenarrow roads. VicRoads and the Citys Traffic Engineer assessed the proposal and didnot raise any concerns regarding traffic. Access is therefore considered satisfactory andthe proposed new internal roads will be adequate to service the traffic generated by thelots.

Aboriginal Cultural Heritage

The site is not within a mapped area identified as being of cultural heritage significance,as such a Cultural Heritage Management Plan is not required to be prepared for theproposal pursuant to theAboriginal Heritage Act 2006.


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Conclusion

The application seeks approval for the subdivision and development of land within anestablished residential area of Kangaroo Flat.

The subdivision has been designed to take into consideration the layout and context ofthe site, including the established pattern of development.

While the lot sizes are smaller than those currently developed in the area, this is notconsidered to be unreasonable as it contributes to diversity.

Vehicle access to and from the site will be provided via two new entrances off a serviceroad on High Street and Kingerlee Drive. The access arrangements and impact on traffichave been assessed by the City of Greater Bendigos Traffic Engineers and VicRoadsand comply with the relevant standards.

Overall it is considered the proposal appropriately complies with the requirements of theGreater Bendigo Planning Scheme.

Options

Council, acting as the responsible authority for administering the Planning Scheme, mayresolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit.

Attachments

Objections

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater BendigoCity Council resolve to issue a Notice of Decision to Grant a Permit for a 34 lotsubdivision, removal of native vegetation, variation of easements and alteration ofaccess to a road in a Road Zone Category 1at 316-318 High Street, KANGAROO FLATsubject to the following conditions:

1. PLANS TO BE ENDORSEDThe plans to be endorsed and which will then form part of the permit are theplans submitted with the application.

2. LAYOUT PLANSThe subdivision, as shown on the endorsed plans, must not be altered withoutthe prior written consent of the responsible authority.

3. PROVISION OF SERVICESThe owner of the land must enter into agreements with the relevant authoritiesfor the provision of water supply, drainage, sewerage facilities, electricity andgas services to each lot shown on the endorsed plan in accordance with theauthorities requirements and relevant legislation at the time.


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4. EASEMENTSAll existing and proposed easements and sites for existing and required utilityservices and roads must be set aside in favour of the relevant authority forwhich the easement or site is to be created on the plan of subdivisionsubmitted for certification under the Subdivision Act 1988.

5. REFERRAL OF PLANThe plan of subdivision submitted for certification under the Subdivision Act1988 must be referred to the relevant authority in accordance with section 8 ofthat Act.

6. PUBLIC OPEN SPACE CONTRIBUTIONBefore the statement of compliance is issued the applicant or owner must payto the responsible authority a sum equivalent to 5% of the site value of all theland in the subdivision.

7. STAGED SUBDIVISIONThe subdivision must proceed in the order of stages as shown on the endorsedplan unless otherwise agreed in writing by the responsible authority.

8. LANDSCAPE PLANBefore a statement of compliance is issued for each stage of the subdivision alandscape plan to the satisfaction of the responsible authority must besubmitted to and approved by the responsible authority for the relevant stage.When approved, the plan will be endorsed and then form part of the permit.

9. COMPLETION OF LANDSCAPINGBefore a statement of compliance is issued for each stage of the subdivisionthe landscaping works shown on the endorsed must be carried out andcompleted for that stage to the satisfaction of the responsible authority.

10. LANDSCAPING MAINTENANCEThe landscaping works shown on the endorsed plans must be maintained tothe satisfaction of the responsible authority for 12 months after the works arecompleted, including that any dead, diseased or damaged plants are to bereplaced.

ENGINEERING CONDITIONS:

11. DETAILED DRAINAGEBefore the plan of subdivision is certified under the Subdivision Act 1988, plansto the satisfaction of the responsible authority must be submitted to andapproved by the responsible authority. When approved, the plans will beendorsed and then will form part of the permit. The plans must be drawn toscale with dimensions. The plans must include:(a) Direction of stormwater run off.(b) A point of discharge for each lot.(c) Independent drainage for each lot.

(d) Stormwater detention: allowable dischargeQ5= 165 l/sQ100= 420 l/s


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NB These rates include the existing dwellings at 320-340 High Street,Kangaroo Flat

(e) Stormwater quality(f) Easements as required.

12. DRAINAGE WORKSPrior to the issue of the statement of compliance for the subdivision, drainageworks must be constructed in accordance with plans approved by theresponsible authority.

13. CONSTRUCTION OF WORKSRoad works, drainage and other civil works must be constructed in accordancewith the City of Greater Bendigo Infrastructure Design Manual and plans andspecifications approved by the responsible authority and must include:(a) Fully sealed pavement with kerb and channel(b) Drainage(c) Footpaths and/or shared pedestrian/bicycle paths (if required)(d) Indented car parking and/or bus parking bays (if required)(e) Underground conduits for water, gas, electricity and telephone(f) Appropriate intersection and traffication measures.(g) Appropriate street lighting and signage;(h) High stability permanent survey mark (if required).

14. PUBLIC ASSETSBefore the development starts, the owner or developer must submit to theresponsible authority a written report and photos of any prior damage to publicinfrastructure. Listed in the report must be the condition of kerb and channel,

footpath, seal, street lights, signs and other public infrastructure fronting theproperty and abutting at least two properties either side of the development.Unless identified with the written report, any damage to infrastructure postconstruction will be attributed to the development. The owner or developer ofthe subject land must pay for any damage caused to any public infrastructurecaused as a result of the development or use permitted by this permit.

15. CONSTRUCTION MANAGEMENT PLANPrior to commencement of works the owner or applicant must submit aConstruction Management Plan (CMP) for approval by the responsibleauthority. This plan shall include, but not be limited to:

(a) A site specific plan showing proposed erosion and sedimentation controlworks.

(b) Techniques and intervention levels to prevent a dust nuisance.(c) Techniques to prevent mud and dirt being transported from the site to

adjacent streets.(d) The protection measures taken to preserve any vegetation identified for

retention.

During construction of works associated with the subdivision, the applicantmust employ and provide the protection methods contained in the CMP to thesatisfaction of the responsible authority.

16. CONSENT FOR WORK ON ROAD RESERVES


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The applicant must comply with:(a) The Road Management Act 2004.(b) Road Management (Works and Infrastructure) Regulations 2005.(c) Road Management (General) Regulations 2005.with respect to any requirements to notify the Coordinating Authority and/orseek consent from the Coordinating Authority to undertake works (as definedin the Act) in, over or under the road reserve. The responsible authority in theinclusion of this condition on this planning permit is not deemed to have beennotified of, or to have given consent to undertake any works within the roadreserve as proposed in this permit.

REFERRAL AUTHORITY CONDITIONS:17. COLIBAN WATER

(a) The owner is required to provide reticulated water and sewerage servicesto each of the lots within the subdivision. Services are to be provided inaccordance with our specifications.

(b) All Coliban Water assets within the subdivision, both existing andproposed, are to be protected by an easement in favour of Coliban RegionWater Corporation.

18. POWERCOR(a) The plan of subdivision submitted for certification under the Subdivision Act

1988 shall be referred to Powercor Australia Ltd in accordance with section8 of that Act.

(b) The applicant shall: Provide an electricity supply to all lots in thesubdivision in accordance with Powercors requirements and standards,including the extension, augmentation or re-arrangement of any existing

electricity supply system, as required by Powercor (A payment to cover thecost of such work will be required). In the event that a supply is notprovided the applicant shall provide a written undertaking to PowercorAustralia Ltd that prospective purchasers will be so informed.

(c) The applicant shall: Where buildings or other installations exist on the landto be subdivided and are connected to the electricity supply, they shall bebrought into compliance with the Service and Installation Rules issued bythe Victorian Electricity Supply Industry. The applicant shall arrangecompliance through a Registered Electrical Contractor.

(d) The applicant shall: Set aside on the plan of subdivision for the use ofPowercor Australia Ltd reserves and/or easements, and/or leases,

satisfactory to Powercor Australia Ltd where any electric substation (otherthan a pole mounted type) is required to service the subdivision.

(e) The applicant shall: Provide easements satisfactory to Powercor AustraliaLtd, where easements have not been otherwise provided, for all existingPowercor Australia Ltd electric lines on the land and for any newpowerlines required to service the lots and adjoining land, save for lineslocated, or to be located, on public roads set out on the plan. Theseeasements shall show on the plan an easement(s) in favour of "PowercorAustralia Ltd" for Powerline Purposes pursuant to section 88 of theElectricity Industry Act 2000.

(f) The applicant shall: Obtain for the use of Powercor Australia Ltd any other

easement external to the subdivision required to service the lots.(g) The applicant shall: Adjust the position of any existing easement(s) for


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powerlines to accord with the position of the line(s) as determined bysurvey.

(h) The applicant shall: Obtain Powercor Australia Ltds approval for lotboundaries within any area affected by an easement for a powerline andfor the construction of any works in such an area.

(i) The applicant shall: Provide to Powercor Australia Ltd, a copy of theversion of the plan of subdivision submitted for certification, which showsany amendments which have been required.

(j) Any buildings must comply with the clearances required by the ElectricitySafety (Network Assets) Regulations.

(k) Any construction work must comply with the Officer of the Chief ElectricalInspector No Go Zone rules.

19. TELECOMMUNICATIONS(a) The owner of the land must enter into an agreement with:

A telecommunications network or service provider for the provision of

telecommunication services to each lot shown on the endorsed plan inaccordance with the providers requirements and relevant legislation atthe time; and

A suitably qualified person for the provision of fibre readytelecommunication facilities to each lot shown on the endorsed plan inaccordance with any industry specifications or any standards set by theAustralian Communications and Media Authority, unless the applicantcan demonstrate that the land is in an area where the NationalBroadband Network will not be provided by optical fibre.

(b) Before the issue of a Statement of Compliance for any stage of thesubdivision under the Subdivision Act 1988, the owner of the land must

provide written confirmation from: A telecommunications network or service provider that all lots are

connected to or are ready for connection to telecommunicationsservices in accordance with the providers requirements and relevantlegislation at the time; and

A suitably qualified person that fibre ready telecommunication facilitieshave been provided in accordance with any industry specifications orany standards set by the Australian Communications and MediaAuthority, unless the applicant can demonstrate that the land is in anarea where the National Broadband Network will not be provided byoptical fibre.

20. DOWNER UTILITIES (GAS)The plan of subdivision submitted for certification must be referred to AusNetServices (Gas) in accordance with section 8 of the Subdivision Act 1988.

21. DEPARTMENT OF ENVIRONMENT, LAND, WATER AND PLANNINGConstruction management notification of permit conditions(a) Before works start, the permit holder must advise all persons undertaking

the vegetation removal/works on site of all relevant conditions of this permit.

Native vegetation offsets(b) In order to offset the removal of 2.181 hectares of native vegetation


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approved as part of this permit, the applicant must provide a nativevegetation offset that meets the following requirements, and is inaccordance with the Permitted clearing of native vegetation Biodiversityassessment guidelines and the Native vegetation gain scoring manual:

The offset must:

contribute gain of 0.094 general biodiversity equivalence units

be located within the North Central Catchment Management Authorityboundary or Greater Bendigo municipal district

have a strategic biodiversity score of at least 0.122.

Offset evidence(c) Before any native vegetation is removed, evidence that an offset has been

secured must beprovided to the satisfaction of the responsible authority.This offset must meet the offset requirements set out in this permit and bein accordance with the requirements of the Permitted clearing of native

vegetation

Biodiversity assessment guidelines and the Native vegetationgain scoring manual. Offset evidence can be either:i. a credit register extract from the Native Vegetation Credit Register; orii. a security agreement, to the required standard, for the offset site or

sites, including a 10 year offset management plan to the satisfaction ofthe Department of Environment, Land, Water and Planning andapproved by the Responsible Authority. Every year, for ten years, afterthe responsible authority has approved the offset management plan,the applicant must provide notification of the management actionsundertaken towards implementing the offset management plan, to thedepartment. An offset site condition statement, including photographs

must be included in this notification.

22. COUNTRY FIRE AUTHORITYHydrants(a) Operable hydrants, above or below ground must be provided to the

satisfaction of CFA.(b) The maximum distance between these hydrants and the rear of all building

envelopes (or in the absence of the building envelope, the rear of all lots)must be 120m and hydrants must be no more than 200m apart.

(c) Hydrants must be identified as specified in Identification of Street Hydrantsfor Firefighting purposes available under publication on the Country Fire

Authority web site (www.cfa.vic.gov.au).

NOTE:To assist applicants meet permit condition requirements, Meeting permit conditions third party offsets Fact sheet (DEPI 2013) and First party general offset kit (DEPI 2013)are available, Please visit www.depi.vic.gov.au/nativevegetation for further information

council report on proposed kangaroo flat subdivision

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