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AGENDA

Ordinary Meeting of Council


6.00pm Wednesday 29 June 2016

*** Broadcast live on Phoenix FM 106.7 ***

Question time at the formal Council Meeting will be limited to written questions received before
12 noon on the day of the meeting. The questions will be read by a Council representative and
answered by the Mayor. There will not be an opportunity for questions to be asked from the
floor

VENUE:
Reception Room,
Bendigo Town Hall,
Hargreaves Street, Bendigo

NEXT MEETING:
Wednesday 20 July 2016
Bendigo Town Hall
Copies of the City of Greater Bendigo Councils Agendas & Minutes
can be obtained online at www.bendigo.vic.gov.au

PAGE 1

This Council Meeting is conducted in accordance with Local Law


No. 8. It is an offence for any person to engage in improper or
disorderly conduct at the meeting.
Council Vision
Greater Bendigo - Working together to be Australia's most liveable regional city.

Council Values
Council wants the community to continue to have reason to be proud of the city and will
do this through:

Transparency - Information about Council decisions is readily available and easily


understood;
Efficiency and effectiveness - Council provides services based on evidence of
need and demonstrates continuous improvement in the delivery of services;
Inclusion and consultation - Council uses a range of engagement strategies to
ensure community members can understand and take part in discussion that
informs the development of new strategies and actions;
Clear decisive and consistent planning - In a rapidly growing municipality, Council
undertakes to plan effectively for our long-term future;
Respect for community priorities and needs - Council will advocate for improved
services for community members and will consider community impact and
feedback the decisions it makes.

Themes
1.

Planning for Growth

2.

Presentation and Vibrancy

3.

Productivity

4.

Sustainability

5.

Leadership and Good Governance

PAGE 2

ORDINARY MEETING
WEDNESDAY 29 JUNE 2016

ORDER OF BUSINESS:

ITEM

PRECIS

PAGE

ACKNOWLEDGEMENT OF COUNTRY

PRAYER

PRESENT

APOLOGIES

SUSPENSION OF STANDING ORDERS

PUBLIC QUESTION TIME

RESUMPTION OF STANDING ORDERS

CR CHAPMAN'S REPORT

DECLARATIONS OF CONFLICT OF INTEREST

CONFIRMATION OF MINUTES

1.

COUNCIL PLAN YEAR ENDING 30 JUNE 2017

1.1

ADOPTION OF THE 2016/17 COUNCIL PLAN UPDATE

2.

BUDGET FOR THE MUNICIPAL YEAR ENDING 30 JUNE


2017

13

2.1

ADOPTION OF 2016/17 BUDGET

13

3.

PETITIONS AND JOINT LETTERS

23

3.1

PETITION: FOOTPATH CONSTRUCTION - MICHAEL


STREET, KENNINGTON

23

4.

PLANNING FOR GROWTH

26

4.1

PLANNING SCHEME AMENDMENT C161 - MARONG


BUSINESS PARK CONSIDER PANEL REPORT AND
ADOPTION OF AMENDMENT

26

4.2

BIG HILL MANDURANG VALLEY LANDSCAPE


ASSESSMENT PLANNING SCHEME AMENDMENT C217

47

4.3

PLANNING SCHEME AMENDMENT C220 - LANSELL


CREST DEVELOPMENT PLAN OVERLAY TO CONSIDER
AUTHORISATION REQUEST

55

PAGE 3

4.4

51 HANNANS ROAD, MANDURANG SOUTH 3551 REFUSAL OF DEVELOPMENT PLAN AND SUBDIVIDE
LAND INTO 2 LOTS

64

4.5

LOT A AND CA 8 SAWMILL ROAD, HUNTLY - THE STAGED


SUBDIVISION OF THE LAND INTO 57 LOTS (49 HOUSE
LOTS AND 8 SUPERLOTS) AND THE REMOVAL OF
NATIVE VEGETATION

73

4.6

ALL THINGS CONSIDERED EXPLORING OPTIONS FOR


VICTORIA'S 30 YEAR INFRASTRUCTURE STRATEGY SUBMISSION BY THE CITY OF GREATER BENDIGO

84

4.7

DRAFT ENVIRONMENT STRATEGY

98

5.

PRESENTATION AND VIBRANCY

104

5.1

COMMERCIAL FITNESS OPERATOR POLICY

104

5.2

GREATER BENDIGO DISABILITY INCLUSION REFERENCE


COMMITTEE MEMBER APPOINTMENTS

116

5.3

LAKE EPPALOCK LAND AND ON-WATER MANAGEMENT


PLAN IMPLEMENTATION WORKING GROUP

121

5.4

CITY OF GREATER BENDIGO RECONCILIATION


PLAN2016-2019

126

6.

SUSTAINABILITY

133

6.1

AWARDING OF CONTRACT CT000269 FOR KERBSIDE


ORGANICS COLLECTION SERVICE

133

6.2

LOADING, CARTING & DISPOSAL OF WASTE FROM


EAGLEHAWK LANDFILL

139

7.

LEADERSHIP AND GOOD GOVERNANCE

141

7.1

RECORD OF ASSEMBLIES

141

7.2

CONTRACTS AWARDED UNDER DELEGATION

145

8.

NOTICES OF MOTION

146

8.1

RESCISSION MOTION FOR DECISION ON 316-318 HIGH


STREET, KANGAROO FLAT - 34 LOT SUBDIVISION,
REMOVAL OF VEGETATION, VARIATION OF EASEMENTS
AND ALTERATION OF ACCESS TO ROAD ZONE
CATEGORY 1

146

9.

URGENT BUSINESS

154

10.

COUNCILLORS' REPORTS

154

11.

MAYOR'S REPORT

154

PAGE 4

12.

CHIEF EXECUTIVE OFFICER'S REPORT

154

13.

CONFIDENTIAL (SECTION 89) REPORTS

154

APPENDIX / ATTACHMENTS

____________________________
CRAIG NIEMANN
CHIEF EXECUTIVE OFFICER

PAGE 5

Ordinary Meeting - 29 June 2016

ACKNOWLEDGEMENT OF COUNTRY
PRAYER
PRESENT

APOLOGIES

SUSPENSION OF STANDING ORDERS


That Standing Orders be suspended to allow the conduct of Public Question Time.

PUBLIC QUESTION TIME


Public Question Time Guidelines
Public Question Time Purpose
Council has provided the opportunity for members of the public to lodge written questions
of broad interest to Council and the community. Matters relating to routine Council works
should be taken up with Councils Customer Service Officers through its Customer
Request System.
Question time will be limited to written questions received before 12 noon on the
day of the meeting. The questions will be read by a Council representative and
answered by the Mayor.
No questions relating to planning matters on the Agenda will be accepted. By the time
planning matters have reached the council agenda, they have been through an extensive
process as required by the Planning and Environment Act. In addition, in most instances
mediation has been held between the parties involved. Throughout the process there are
many opportunities for people to ask questions.
Public Question Time Where, When and Who
The public question time is held at every Ordinary Meeting of Greater Bendigo City
Council. Meetings of Council commence at 6.00pm in the Reception Room, Bendigo
Town Hall, Hargreaves Street, Bendigo.
The public question time is held at the start of the meeting as close as practical to
6:00pm. A maximum of 30 minutes has been provided for registered written questions.
Acceptance of Questions
Councils Meeting Procedure Local Law does not allow for other questions or comments
during the remainder of the meeting.

PAGE 6

Ordinary Meeting - 29 June 2016

1.

An individual may only lodge one question per meeting.

2.

In the event that the same or similar written question is raised by more than one
person, an answer may be given as a combined response.

3.

In the event that time does not permit all written questions registered to be
answered, questions will be answered in writing or referred to the next meeting if
appropriate.

4.

The Mayor and or CEO have the right to decline registration on basis of:

Legal proceedings;
More appropriately addressed by other means;
Vague or lacking in substance, irrelevant, frivolous, insulting offensive,
improper, defamatory or demeaning;
Answer likely to compromise his / her position;
Confidential, commercial-in-confidence.

5.

Each individual whose written question has been accepted or declined will be
advised by early afternoon on the day of the scheduled meeting.

6.

In the event of a written question being declined the question will be circulated to
the Council for information.

RESUMPTION OF STANDING ORDERS


That Standing Orders be resumed.
CR CHAPMAN'S REPORT

DECLARATIONS OF CONFLICT OF INTEREST


Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 (as
amended) direct and indirect conflict of interest must be declared prior to debate
on specific items within the agenda; or in writing to the Chief Executive Officer
before the meeting. Declaration of indirect interests must also include the
classification of the interest (in circumstances where a Councillor has made a
Declaration in writing, the classification of the interest must still be declared at the
meeting), i.e.
(a)
(b)
(c)
(d)
(e)

indirect interest by close association


indirect interest that is an indirect financial interest
indirect interest because of conflicting duties
indirect interest because of receipt of an applicable gift
indirect interest as a consequence of becoming an interested party

PAGE 7

Ordinary Meeting - 29 June 2016

A Councillor who has declared a conflict of interest, must leave the meeting and
remain outside the room while the matter is being considered, or any vote is taken.
Councillors are also encouraged to declare circumstances where there may be a
perceived conflict of interest.
CONFIRMATION OF MINUTES
Minutes of the Special Meeting of Wednesday 15 June 2016.
The following items were considered at the Special Council meeting held on 15 June
2016 at 5:00pm

Councillor Code of Conduct

The unconfirmed minutes have also been posted on the City of Greater Bendigo website
pending confirmation at this meeting.

RECOMMENDATION
That the Minutes of the Special Meeting of Council held on 15 June, 2016 as circulated,
be taken as read and confirmed.

Minutes of the Ordinary Meeting of Wednesday 15 June 2016.


The following items were considered at the Ordinary Council meeting held on 15 June
2016 at 6:00pm
316-318 High Street, Kangaroo Flat - 34 Lot Subdivision, Removal of Vegetation,
Variation of Easements and Alteration of Access to Road Zone Category 1
Greater Bendigo Indoor Aquatic and Wellbeing Centre - Construction Tender
Bendigo Stadium Major Expansion Project - Construction Tender
Greater Bendigo Housing Strategy - Issues and Opportunities
Final Progress Report: Independent Review Implementation
Procurement Policy
Record of Assemblies
The unconfirmed minutes have also been posted on the City of Greater Bendigo website
pending confirmation at this meeting.

RECOMMENDATION
That the Minutes of the Ordinary Meeting of Council held on 15 June, 2016 as circulated,
be taken as read and confirmed.

PAGE 8

Council Plan

1.

Ordinary Meeting - 29 June 2016

COUNCIL PLAN

1.1

ADOPTION OF THE 2016/17 COUNCIL PLAN UPDATE

Document Information
Author

Lyn Talbot, Corporate and Community Planner

Responsible
Director

Prue Mansfield, Director Planning and Development

Summary/Purpose
This report outlines the minor changes that have been recommended and incorporated in
the draft Council Plan 2013-2017 (2016-2017 update) following the feedback received
during the period for submissions on the draft, as well as further minor internal
refinements in parallel with budget deliberations, feedback from staff members and
editorial review.
Policy Context
In accordance with Section 125 of the Local Government Act 1989 a new Council Plan
must be prepared every four years and then a review of the Council Plan is undertaken
at least yearly.
This plan will cover the 2016-2017 financial year and this will be the final phase in the
2013-2017 Council Plan cycle. This 2016-2017update incorporates the changes
recommended by Council in their annual review of the Plan and the new actions that
have been endorsed and funded for the 2016-2017 year.
In accordance with legislative requirements the draft Council Plan has been made
available for Public Exhibition and submissions for a period of 30 days, prior to the
Council meeting for adoption of the Plan.
The revised Council Plan 2013-2017 (2016-2017 update) must be adopted by Council
prior to June 30, 2016 following the period of public exhibition and final consideration of
any changes arising.
Background Information
The Council Plan 2016-2017 Draft for Exhibition was considered by Council at its
meeting on 4 May, 2016 and Council resolved to advertise it for public exhibition and
submissions. The exhibition period was conducted from May 6 until June 3, 2016
A Committee of the Whole Council heard 1 or the 3 submissions received on the
proposed Council Plan on 7 June, 2016.
PAGE 9

Council Plan

Ordinary Meeting - 29 June 2016

To date:

Community members were invited to a public discussion session about future Council
priorities that was held following the public launch of the 2014-2015 Annual Report on
29 October, 2015. Suggestions from community members were collated and provided
to Councillors as Proposed New Initiatives requiring decision in the first draft of
actions in the Council Plan.

Councillors retained the Vision of Greater Bendigo- working together to be Australias


most liveable regional city.

The format for the front section of the plan is largely unchanged, but the wording of
each section has been updated where necessary.

The Council Plan is based around five broad themes; these have remained
unchanged; the Strategic Objectives and Objectives have been reviewed and some
small changes made.

Councillors participated in Council Plan and Budget workshops on February 2 & 3


2016 to consider potential new initiatives in the context of their decision not to seek a
review of the 2.5% rate rise in line with the Consumer Price Index, set by the
Essential Services Commission.

The process of refining priority actions was conducted in parallel with budget
discussions.

The Council Plan 2016-2017 Draft for Exhibition was considered by Council at its
meeting on 4 May, 2016. The exhibition period was conducted from 6 May until 3
June, 2016.

Council met at a Forum on Tuesday, 7 June to hear and consider the submissions.

Recommendations for changes to the draft plan were made at the Council Forum
meeting on 8 June, 2016. Changes have been made in accordance with Council
recommendations made at that meeting.

Relevant changes to the Financial Statements have also been made following
submissions on the draft Budget.

Report
The following section contains a summary of the main points made by the submitters
accompanied by some background information from City staff.
Having heard the submissions, and internal staff changes the Councillors agreed that:
Theme One be re-ordered and the following additional actions be included:
3.1.6 Negotiate with La Trobe University to finalise the long term future for ownership,
management and upgrade of the Athletics Track.
5.2.6 Develop a strategic direction for a long term management plan for Bendigo's
historical artefacts and the conservation of the Bendigo Historical Society
collection, which incorporates interim steps as required.
The following actions be amended to read as follows:
PAGE 10

Council Plan

Ordinary Meeting - 29 June 2016

2.1.11 Progress Implementation of the Barrack Reserve Master Plan by completing


construction of the stadium, including undertaking landscape planning for the
Swimming pool solar extension project .
3.6.2 Review policies and procedures for Home and Community Care Services, in line
with the implementation of the Commonwealth Home Support Program (CHSP)
and the NDIS.
4.3.2 Develop programs that facilitate young people to develop skills that enable
employment readiness through the Community, Opportunity, and Growth Centre
at 45 Mundy Street, Bendigo.
5.3.4 Finalise flood records/levels in collaboration with the CMA as part of the
completion of the Marong Structure Plan.
These changes have been made and are incorporated into the Council Plan for adoption.
Priority/Importance:
A final draft has been prepared which has incorporated agreed changes, for the
consideration of Council at their meeting of 29 June, 2016. It makes a recommendation
for adoption of the Plan.
Options/Alternatives:
Council must consider possible responses to the submitters and make recommendations
for action arising from the submission, in the context of parallel budget deliberations.
Timelines:
This is the final opportunity to make changes before the final version is provided to the
Minister for Local Government on June 30, in accordance with legislated requirements.
No further changes can be made after this date.
Risk Analysis:
The format of the plan meets best practice guidelines.
Preparation of the plan has been in accordance with legislated procedures.
Strategies and actions outlined in the plan will require an individual risk assessment.
Consultation/Communication
Internal Consultation:
Successive drafts of the Council Plan (2016-2017 update) have been provided to
Councillors and senior staff for review and discussion.
External Consultation:
In accordance with legislated requirements the draft Council Plan 2016-2017 was made
available for public consideration and submissions for a period of 28 days. Submitters

PAGE 11

Council Plan

Ordinary Meeting - 29 June 2016

were provided with an opportunity to make a very presentation. These were heard and
considered by Council.
Conclusion
The final version of the Council Plan (2016-2017 update) has been prepared in
accordance with legislated requirements.
Resource Implications
Each action included in the Council Plan has been based on budget availability.
Preparation of the Council Plan is undertaken using existing budget allocations.
Attachments
1.

City of Greater Bendigo Council Plan 2013-2017 (2016-2017 update).

RECOMMENDATION
That the Greater Bendigo City Council resolve to adopt the Council Plan 2013-2017
(2016-2017 update).

PAGE 12

Budget 2016/17

2.

Ordinary Meeting - 29 June 2016

BUDGET 2016/17

2.1

ADOPTION OF 2016/17 BUDGET

Document Information
Author

Travis Harling, Manager Finance

Responsible
Director

Kerryn Ellis, Director Organisation Support

Summary/Purpose
To consider the formal adoption of the 2016/17 Budget.

Policy Context
City of Greater Bendigo Council Plan 2013-2017 (2015/16 Update):
Legislative Requirements
In accordance with the Local Government Act 1989, Council must:

Prepare a budget for each financial year commencing 1 July (Section 127).
Declare the amount it intends to raise by general rates (Section 158).
Comply with guidelines established under Sec 161; Ministerial Guidelines for
Differential Rating.
Give notice of the proposed budget and consider any submissions prior to adopting
the budget.
Adopt a Strategic Resource Plan not later than 30 June (Section 126).

Background Information
The draft Council Plan 2013 - 2017 (updated 2016-2017) includes a Strategic Resource
Plan (SRP) that provides a financial framework for meeting the objectives established in
the Council Plan. The key objective of the SRP is to achieve the Council's strategic
objectives, while ensuring financial sustainability in the medium to long term.
The 2016/17 Budget has been developed based on the SRP, to facilitate the
achievement of the Annual Actions listed in the Council Plan. A review of the Council
Plan was undertaken which informed the Budget content.

PAGE 13

Budget 2016/17

Ordinary Meeting - 29 June 2016

Previous Council Decision(s) Date(s):


4 May, 2016 Ordinary meeting
Council resolved to advertise the 2016/17 Proposed Budget and to invite community
submissions.
Report
Council considered the 2016/17 Proposed Budget at its meeting on 4 May, 2016 and
resolved to advertise the budget. This occurred on Saturday 7 May, 2016.
At the conclusion of the 28 day statutory period for public exhibition, 21 submissions
were received (Attachment 2). A Committee of the whole Council heard 11 verbal
submissions on 7 June, 2016. A summary of all submissions received, including officer
comments, is provided (Attachment 3).
Consideration of Submissions and Adjustments to the 2016/17 Proposed Budget
Following the hearing of 11 submissions to the Budget, the consideration of 21
submissions received, and taking into account alterations since the Proposed Budget
was exhibited, the adjustments proposed are included in Table 1 below.
Table 1 Adjustments to 2016/17 Proposed Budget
Project/Program
Detail
APPENDIX / ATTACHMENTS
2.1
ADOPTION OF 2016/17
BUDGET
4.1

4.2

4.3

PLANNING SCHEME
AMENDMENT C161 MARONG BUSINESS PARK
CONSIDER PANEL REPORT
AND ADOPTION OF
AMENDMENT
BIG HILL MANDURANG
VALLEY LANDSCAPE
ASSESSMENT PLANNING
SCHEME AMENDMENT
C217
PLANNING SCHEME
AMENDMENT C220 LANSELL CREST
DEVELOPMENT PLAN
OVERLAY TO CONSIDER
AUTHORISATION REQUEST

PAGE 14

Revenue/Exp.

Budget Impact
155
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Budget 2016/17

4.5

5.1

5.3

6.1

Heathcote
Independent Living
Estate

Byambee Rises
Local Playspace

Ordinary Meeting - 29 June 2016

LOT A AND CA 8 SAWMILL


ROAD, HUNTLY - THE
STAGED SUBDIVISION OF
THE LAND INTO 57 LOTS
(49 HOUSE LOTS AND 8
SUPERLOTS) AND THE
REMOVAL OF NATIVE
VEGETATION
COMMERCIAL FITNESS
OPERATOR POLICY
LAKE EPPALOCK LAND
AND ON-WATER
MANAGEMENT PLAN
IMPLEMENTATION
WORKING GROUP
CITY OF GREATER
BENDIGO
RECONCILIATION PLAN
2016--2019
Council Resolution 29
September 2010 to contribute
to the project up to the value
of the land. Currently
$80,000 included in the
Proposed Budget. The
expected land valuation is
$120,000. The additional
$40,000 contribution will be
funded from the Land and
Buildings Reserve.

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Rev $40,0000
Exp $(40,000)

Referred from Council Forum


6 April 2016. To be funded
from the Open Space
Reserve.

Rev $75,000

Hard Court
Infrastructure
Renewal Plan

Operating budget bid that was


not included in the Proposed
Budget. State/federal
government funding has been
provided for this project.

Rev $30,000

Financial
Assistance Grant

Further advice was received


from the Victorian Grants
Commission on 24 May 2016.
City of Greater Bendigo will
receive a higher allocation
that what was included in the
Proposed Budget.

Rev $254,000

The Proposed Budget only


includes the Net contribution
of $1,000,000 from Council.
Given the budget will be
project managed by Council
all costs of the project will be

Rev $ 3,000,000

Bendigo Tennis
Pavilion
Construction

PAGE 15

$NIL

$NIL

Exp $(75,000)
$(30,000)

Exp $(60,000)

$254,000

Exp $(0)

Exp $(4,000,000)

$NIL

Budget 2016/17

Ordinary Meeting - 29 June 2016

recorded by Council. The Net


financial impact on the budget
of project managing this is $0.
Bendigo Heritage
Attractions

Additional funding to continue


to progress revival plan.

Rev $0

$(150,000)

Exp $(150,000)

Heathcote Pool
solar/shade project

Funding to complete the


detailed design for the
shade/solar project.

Rev $0

Bendigo Science
and Technology
Museum

Proposed Budget included


$40,000 funding for the
Discovery Centre. Increase
funding to $50,000 per year
for the next three years (no
CPI increase).

Rev $0

Loddon Mallee
Community
Leadership
Program (LMCLP)

Proposed Budget included


$7,500 for an LMCLP
scholarship. Increase
scholarship to $15,000.

Rev $0

Bendigos History
Strategic report

Develop a strategic report to


consider the long term
sustainability of Bendigos
historical artefacts and the
conservation of the BHS
collection.

Rev $0

Allocate funding of $3,000 as


an initial allocation to Strategic
Plan implementation.

Rev $0

Bendigo
Community Sister
Cities Committee

$(15,000)

Exp $(15,000)
$(10,000)

Exp $(10,000)

$(7,500)

Exp $(7,500)
$(15,000)

Exp $(15,000)

$(3,000)

Exp $(3,000)

Budget Details:
The key features of the 2016/17 Budget are:
1. Capital and Major Works of $100.61M.
During 2016/17, Council will continue to deliver on commitments to undertake
significant capital projects which improve the liveability of the City. These include the
completion of the Social Pavilion at Canterbury Park, Eaglehawk; Barrack Reserve
Social Pavilion, Heathcote; Bridge and Road reconstruction, Scott Street White Hills;
Garden for the Future at the Bendigo Botanic Gardens; Bendigo Airport Runway
reconstruction and extension; Bendigo Indoor Aquatic and Wellbeing Centre
development; Bendigo Stadium major expansion, Bendigo Tennis Pavilion
construction; and the construction of Stage 1 of the Eaglehawk Play Space.
2. An unusually high operating surplus of $54.0M. The higher than normal operating
result includes capital revenue of approximately $35.2M of contributions and grants
that are used to fund the Capital and Major Works program ($100.61M) listed above.

PAGE 16

Budget 2016/17

Ordinary Meeting - 29 June 2016

It is worth noting that the revenue is accounted for in the operating result, however
the capital expenditure is not.
3. Repayment of debt of approximately $2.071M, resulting in a balance of a total debt
of $50.37M as at 30 June 2017.
4. An increase in income from Rates and Charges of $6.856M, made up of a rate
increase of 2.5%, supplementary rates, garbage and recycling waste collection
charges and the introduction of an organics waste collection charge.
5. An amount of $106.616M to be raised by general rates and service charges as
follows:
General Rates
Service Charges
Supplementary Rates*

$89.556M
$15.460M
$ 1.600M (estimated to be raised during the year)

* Supplementary rates are a result of Supplementary Valuations. A Supplementary Valuation


occurs when there is a change to a property that will affect the Valuation such as construction of a
dwelling or shed, installation of a swimming pool or a demolition.

6. The Budget includes a General Rate and nine (9) differential rates to be declared as
follows:
General

0.40424% of CIV

Commercial/Industrial A (Urban/non-CBD)

0.74784% of CIV

(185% of General)

Commercial/Industrial B (Rural areas)

0.7276% of CIV

(180% of General)

Commercial/Industrial C (CBD)

0.76799% of CIV

(190% of General)

Farm Land

0.3436% of CIV

(85% of General)

Vacant Land (residential and rural residential)

0.50528% of CIV

(125% of General)

Other Land

0.74784% of CIV

(185% of General)

Commercial/Industrial - Forest Edge Estate Maiden Gully


properties.

0.74784% of CIV

(185% of General)

Vacant Land - Forest Edge Estate Maiden Gully properties. 0.50528% of CIV
(125% of General)

Residential - Forest Edge Estate Maiden Gully properties.

0.40424% of CIV

(100% of General)

7. In accordance with the Cultural and Recreation Lands Act 1963, the following be
declared:
Class 1
0.20212% of Capital Improved Value
Class 2
0.10104% of Capital Improved Value
Class 3
0.040424% of Capital Improved Value
Class 4
$388.00
PAGE 17

Budget 2016/17

Class 5

Ordinary Meeting - 29 June 2016

$509.00

8. A decrease in the residential Garbage Charge within the organics collection area of
10.87% for 120/140 litre bins and 5.04% for 240 litre bins. An increase in the
residential Garbage Charge outside the organics collection area of 2.90% for
120/140 litre bins and 2.90% for 240 litre bins, the Recycling Charge increased by
3.1%.

PAGE 18

Budget 2016/17

Ordinary Meeting - 29 June 2016

9. Services Charges to be declared as follows:


Garbage Charge 120/140 Litre Bin (Within Organic collection area)
Garbage Charge 240 Litre Bin (Within Organic collection area)
Garbage Charge 120/140 Litre Bin (Outside Organic collection area)
Garbage Charge 240 Litre Bin (Outside Organic collection area)
Garbage Charge 120/140 Litre Bin (other Commercial)
Garbage Charge 240 Litre Bin (other Commercial)
Recycling Charge
Organics Charge**
Garbage Charge (Business Areas) One Day per Week
Garbage Charge (Business Areas) Two Days per Week
Garbage Charge (Business Areas) Three Days per Week
Garbage Charge (Business Areas) Five Days per Week
Garbage Charge (Business Areas) Seven Days per Week

$ 123.00
$ 226.00
$ 142.00
$ 245.00
$ 156.20*
$ 269.50*
$ 66.50
$ 71.00
$ 269.50*
$ 539.00*
$ 808.50*
$1,347.50*
$1,886.50*

* Includes GST
** Organic Waste Collection Specified area (Pro-Rata 10 Months of $86.00 annual charge).
Please note that as the general waste charge has been reduced, the net increase to waste
charges as a result of the new organics service is $53. The same organics charge applies
to properties irrespective of garbage bin size, ie. 120L, 140L or 240L.

10. An early full rate payment discount of 1.5% on current year rates and charges will be
granted if full payment (including any arrears and interest) is received on or before
30 September 2016.

Councillor Conflicts of Interest in the Budget for 2015/16


Section 79C (2) of the Local Government Act indicates that if a budget or revised budget
to be approved by Council includes funding for a matter of which a Councillor has a
Conflict of Interest, the Councillor is taken not to have a Conflict of Interest for the
purposes of approving the budget or revised budget if:
a. The Council approved the matter and proposed funding previously; and
b. The Councillor disclosed the nature of the Conflict of Interest when the decision in
respect of the funding was originally considered and made.
This Section of the Act means that if a Councillor has not previously declared a Conflict
of Interest in the allocation in which they have a conflict, prior to considering the budget,
the Councillor will have a Conflict of Interest in the budget and will therefore need to
leave the Council Chamber and not vote on the budget.
The first two parts of the report recommendation enables Councillors to declare their
Conflicts of Interest prior to considering the other recommendations relating to the
proposed Budget. This will then allow Councillors to vote on the other proposed Budget
recommendations.

PAGE 19

Budget 2016/17

Ordinary Meeting - 29 June 2016

Bendigo Spirit
Cr Ruffell has a conflict of interest in the Bendigo Spirit (indirect financial interest) as she
is a member of the Board.
Timelines
The Council must adopt its Budget by 30 June, 2016 and forward a copy to the Minister
for Local Government within 28 days of adoption.
Legislative Compliance Requirements
The Budget has been prepared in accordance with the Local Government Act 1989 and
Local Government (Planning and Reporting) Regulations 2014.
Consultation/Communication
Internal Consultation:
The Budget has been prepared with extensive input from Councillors, the Executive
Management Team and Managers.
External Consultation:
Following consideration of the Proposed Budget by Council at its meeting on 4 May,
2016 the 28 day statutory period for public exhibition was undertaken, commencing on 7
May, 2016. Information regarding the Proposed Budget was made available on the City
of Greater Bendigo's website and through local print media. As outlined above, 21
submissions were made in response to the Proposed Budget.
Resource Implications
The formal budget documentation details the resources required and applied to deliver
services, programs and capital works during 2016/17.
Conclusion
Council has spent considerable time reviewing the Budget for 2016/17. The exhibition of
the Proposed Budget has generated a significant number of submissions which have
now been considered. Various adjustments to the Proposed Budget have been made as
a result of the submissions considered, including the inclusion of funding for additional
projects and programs.

Attachments
1.
2.
3.

Budget document included under separate cover


Budget submissions
Summary of Budget submissions, including officer responses

PAGE 20

Budget 2016/17

Ordinary Meeting - 29 June 2016

RECOMMENDATION
That the Greater Bendigo City Council, having considered the submissions to the
2016/17 Proposed Budget:
1. Acknowledges the allocation of $25,000 to the Bendigo Spirit.
2. Adopts the Budget, annexed to this resolution and initialled by the Mayor for
identification, being the Budget prepared for the 2016/17 financial year for the
purposes of Section 127 of the Local Government Act 1989, including the
adjustments listed below made as a result of the exhibition period.
Revenue/
(Expense)

Project/Program
Heathcote Independent Living Estate

$0

Byambee Rises Local Playspace

$0

Hard Court Infrastructure Renewal Plan

$(30,000)

Financial Assistance Grant

$254,000

Bendigo Tennis Pavilion Construction


Provision for Bendigo Heritage Attractions

$0
$(150,000)

Heathcote Pool solar/shade project

$(15,000)

Provision for Discovery Centre

$(10,000)

Loddon Mallee Community Leadership Program scholarship


Bendigos History Strategic report

$(7,500)
$(15,000)

Provision for Bendigo Community Sister Cities Committee

$(3,000)

3. Gives public notice of the adoption of the 2016/17 Budget, in accordance with
Section 129 of the Local Government Act 1989, and make available for public
inspection the information required by the Local Government Act 1989 and the Local
Government (Finance and Reporting) Regulations 2004, to display the Budget at the
City of Greater Bendigo offices and on the City of Greater Bendigo website.
4. Acknowledges the contribution of submitters to the budget process, and thanks them
for their contribution.
5. Implements a differential rate as follows:
General

0.40424% of CIV

Commercial/Industrial A (Urban/non-CBD)

0.74784% of CIV

(185% of General)

Commercial/Industrial B (Rural areas)

0.7276% of CIV

(180% of General)

Commercial/Industrial C (CBD)

0.76799% of CIV

(190% of General)

PAGE 21

Budget 2016/17

Ordinary Meeting - 29 June 2016

Farm Land

0.3436% of CIV

(85% of General)

Vacant Land (residential and rural residential)

0.50528% of CIV

(125% of General)

Other Land

0.74784% of CIV

(185% of General)

Commercial/Industrial - Forest Edge Estate Maiden Gully


properties.

0.74784% of CIV

(185% of General)

Vacant Land - Forest Edge Estate Maiden Gully properties. 0.50528% of CIV
(125% of General)

Residential - Forest Edge Estate Maiden Gully properties.

0.40424% of CIV

(100% of General)

5. Declares the following, in accordance with the Cultural and Recreation Lands Act
1963:
Class 1
Class 2
Class 3
Class 4
Class 5

0.20212% of Capital Improved Value


0.10104% of Capital Improved Value
0.040424% of Capital Improved Value
$388.00
$509.00

6. Adopts service charges as follows:


Garbage Charge 120/140 Litre Bin (Within Organic collection area)
Garbage Charge 240 Litre Bin (Within Organic collection area)
Garbage Charge 120/140 Litre Bin (Outside Organic collection area)
Garbage Charge 240 Litre Bin (Outside Organic collection area)
Garbage Charge 120/140 Litre Bin (other Commercial)
Garbage Charge 240 Litre Bin (other Commercial)
Recycling Charge
Organics Charge**
Garbage Charge (Business Areas) One Day per Week
Garbage Charge (Business Areas) Two Days per Week
Garbage Charge (Business Areas) Three Days per Week
Garbage Charge (Business Areas) Five Days per Week
Garbage Charge (Business Areas) Seven Days per Week

$ 123.00
$ 226.00
$ 142.00
$ 245.00
$ 156.20*
$ 269.50*
$ 66.50
$ 71.00
$ 269.50*
$ 539.00*
$ 808.50*
$1,347.50*
$1,886.50*

* Includes GST
** Organic Waste Collection Specified area (Pro-Rata 10 Months of $86.00 annual charge).
Please note that as the general waste charge has been reduced, the net increase to waste
charges as a result of the new organics service is $53. The same organics charge applies
to properties irrespective of garbage bin size, ie. 120L, 140L or 240L.

7. Grants an early full rate payment discount of 1.5% on current year rates and
charges, if full payment (including any arrears and interest) is received on or before
30 September 2016.

PAGE 22

Budget 2016/17

Ordinary Meeting - 29 June 2016

8. Refers the track works at the LaTrobe University Bendigo Athletics Complex and the
upgrade of township entry signs outside of the central Bendigo area to the mid-year
budget review for funding consideration.

PAGE 23

Petitions and Joint Letters

3.

Ordinary Meeting - 29 June 2016

PETITIONS AND JOINT LETTERS

3.1

PETITION: FOOTPATH CONSTRUCTION - MICHAEL STREET,


KENNINGTON

Document Information
Author

Brett Martini, Manager Engineering and Public Space

Responsible
Director

Darren Fuzzard, Director, Presentation and Assets

[Petitions and joint letters with ten (10) or more signatures are included in the agenda or
tabled at the meeting, unless there is a separate legal process for considering the
petition or joint letter, as there is for planning submissions or submissions following
public notices (Section 223 LGA)].

A petition has been received from concerned residents in the area of Michael Street,
Kennington, as outlined below:

Capital Works Program - Footpath Construction, Michael Street, Kennington.


"We the under signed would be pleased to have a concrete footpath constructed
between Hodgkinson Street and McIvor Road on the East side."

Signatures

15

Officer Comment - (Brett Martini, Manager Engineering & Public Space):


The increasing desire for (and value of) more paths across the City of Greater Bendigo is
well appreciated, hence Council's significantly increased financial commitment to the
New Paths Program in the 2015/16 Council Budget and subsequent proposed
commitment to the New Paths Program in the draft 2016/17 Council Budget.
Each year the City of Greater Bendigo receives more requests for footpath construction
than can be funded. There are currently more than 600 footpath construction jobs
referred to the Capital Works Program at a value of more than $47 million. Therefore, a
number of criteria are considered when determining priorities for these works including
pedestrian numbers, traffic volume, risk and connections to other paths and local
facilities.

PAGE 24

Petitions and Joint Letters

Ordinary Meeting - 29 June 2016

Works to establish essential path connections around the municipality within the Capital
Works Program occur on a prioritised basis whereby those streets with the greatest
demand and overall community benefit are addressed first. Current footpaths in the
vicinity of this request are detailed in green in Figure 1 over the page.
Figure 1 - Michael Street, Kennington, between McIvor Road and Hodgkinson Street:

Earlier this year, the City received a customer request to investigate the possibility of a
footpath being constructed along the east side of Michael Street, Kennington. The project
was investigated and a response was provided to the resident which outlined the Capital
Works Program rating process and the conclusion that the proposed works were not
identified amongst the highest footpath priorities based on evaluation criteria.
The petition/joint letter received identifies the same section of proposed footpath along
Michael Street, Kennington. As detailed in the initial response provided to the resident,
this project has been rated in the City's Capital Works Program. Based on the evaluation
criteria and relative to other projects listed in the Program, a footpath on the east side of
Michael Street, Kennington has been assessed in regard to some of the criteria as
follows:

Low traffic volume;

Low pedestrian generator;

Footpath already exists to the north and south of this section of Michael Street;

There is a footpath located on the western side of Michael Street;

Acknowledged as 'medium risk' in that an uneven nature strip can encourage people
to walk on the road-side;

PAGE 25

Petitions and Joint Letters

Ordinary Meeting - 29 June 2016

Access to Shopping Centre to the north; and

Estimated footpath construction cost of $47,000.

It is also recognised that the absence of a footpath along this section of Michael Street is
an anomaly when looking at the wider area and the fact that nearly all other streets have
a footpath on both sides of the road. However, the exclusion of short sections of footpath
in areas with surrounding path infrastructure is an issue that is replicated in several
established residential areas. The City works to infill these sections based on the rating
criteria as specified above, to ensure that those streets with the greatest demand and
overall community benefit are addressed first.
Subsequently, the analysis of this project provides a rating for the proposed footpath
construction in the City's Capital Works Program. Through the rating and prioritisation
process, the $47,000 project has ranked 348 out of 633 path projects. It is therefore not
identified as a high priority project and is unlikely to be under consideration for referral to
the Council Budget in the next five years. It will however, continue to be re-assessed on
an annual basis for funding consideration through future Council budget processes.
RECOMMENDATION
That Greater Bendigo Council, having considered the petition/joint letter:
1. Recognise that the section of proposed footpath on Michael Street, Kennington
between McIvor Highway and Hodgkinson Street is not amongst the highest path
priorities and is not in consideration for the 2016/17 Council Budget or the
development of the draft 2017/18 Council Budget.
2. Support the annual Capital Works Program re-assessment process, including the
identified evaluation criteria and the development of prioritised Programs.
3. Inform the submitter of the petition of Council's resolution.

PAGE 26

Planning for Growth

4.

Ordinary Meeting - 29 June 2016

PLANNING FOR GROWTH

4.1

PLANNING SCHEME AMENDMENT C161 - MARONG BUSINESS


PARK CONSIDER PANEL REPORT AND ADOPTION OF
AMENDMENT

Document Information
Author

Shannon Rosewarne, Senior Planner

Responsible
Director

Prue Mansfield, Director Planning & Development

Summary/Purpose
Amendment details:

This amendment is the result of many years of strategic


investigation, undertaken by or on behalf of the City of
Greater Bendigo, which demonstrates the need to provide
for land for industrial and appropriate commercial land uses
into the future. It implements one of the key actions in the
Loddon Mallee South Regional Growth Plan.
The amendment will facilitate the development and use of
approximately 313 hectares of land in Marong for a business
park intended to provide an estimated 30 years supply of
industrial and complementary land uses.
The amendment proposes to rezone the land from a
Farming Zone to a Comprehensive Development Zone, to
apply a Public Acquisition Overlay, a Development
Contributions Plan Overlay and a Heritage Overlay to the
land.
It also proposes to apply an Environmental Significance
Overlay to land adjoining the proposed business park for the
purpose of a land use buffer.

Proponent:

City of Greater Bendigo

No. of submissions:

27 (comprising 17 opposing, 10 supporting)

Key issues:

Strategic justification for a business park in Greater


Bendigo
Net community benefit
Compulsory acquisition of land and strategic justification
for the Public Acquisition Overlay
Need for buffers between sensitive uses and the
business park and justification for the Environmental

PAGE 27

Planning for Growth

Ordinary Meeting - 29 June 2016

Recommendation:

Significance Overlay
Support for more industrial land by local industries
Hydrogeological conditions of the site and impacts of
dewatering
Traffic impacts
Developer contributions
Loss of agricultural land
Sewer and water supply
Character of Marong
Changes to Amendment recommended by Panel and
Officer, including translation of some planning
requirements to a new schedule to the Development Plan
Overlay
Whether the Amendment should be split into two parts

That Council split Amendment 161 to the Greater Bendigo


Planning Scheme into two parts.
Adopt Part 1 with changes, including rezoning the land for
the business park, and applying the Environmental
Significance Overlay 6, the Development Plan Contribution
Overlay 1, Development Plan Overlay 29, Heritage Overlay
HO862 and the Public Acquisition Overlay 6 to only the
proposed drainage corridor and request Approval from the
Minister for Planning.
Defer a decision on Part 2 (Public Acquisition Overlay 6
applying to the business park) for further analysis, and
request a further 2 years from the Minister to make a
decision on Part 2.

Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2015-2016 update)
Planning for Growth
2.1

Greater Bendigo delivers major projects while maintaining its unique character,
accommodating a growing population and diversifying the economy.
2.1.5Progress the Marong Business Park Planning Scheme Amendment

Loddon Mallee Regional Growth Plan (2014)


11.2

Accelerate the development of the Marong Business Park as a key new location
for industry and business.

13.2

Prioritise the implementation of the Marong Plan and Marong Business Park
development.

PAGE 28

Planning for Growth

Ordinary Meeting - 29 June 2016

Background Information
This amendment stems from an analysis of industrial land supply and demand
commissioned by the City of Greater Bendigo. A two stage Bendigo Future Industrial
Land Strategy (BFILS) project was initiated in June 2005. The Stage 1 report was
prepared by Connell Wagner and SGS Planning and Economics Pty Ltd.
Council considered Stage 1 of the project in April 2006. Stage 1 involved a review of the
supply and demand for industrial land in the municipality. The report included analysis of
future industrial trends, including likely demand and supply issues for the Bendigo region
and noted the gradual decline in traditional labour-intensive and heavy industry and the
growth of higher order, cleaner, high tech and higher skilled industrial uses. The report
determined that to meet demand for industrial land in Greater Bendigo to 2031, an extra
270 hectares of industrial land was required. However, the report noted that a minimum
of 2-3 times this amount of land would be required to provide the necessary
infrastructure, support services, waste treatment and site buffers.
Council chose Marong West as the preferred location for future industrial growth and the
site of Greater Bendigos future business park, based on the strategic analysis
undertaken in the Bendigo Future Industrial Land Strategy. The Marong West site
encompassed land bound by Yorkshire Road, Calder Highway, Houliston Road and
Cleary Road boundaries.
In December 2007, Council considered Stage 2 of the project, the Marong Business Park
Analysis Project (2007), prepared by Connell Wagner which involved a detailed study of
970 hectares of land west of Marong. Considerations included servicing, traffic and
transport, surface and groundwater, geotechnical and land productivity, land use, buffers,
sustainability, environmental and heritage.
The report recommended the use of the Special Use Zone with a Development Plan
Overlay, with the need for other overlays identified, to address environmental issues,
urban design and development contributions. The report concluded that the site could be
developed as an industrial business park and identified further work to be undertaken to
progress the proposal.
Councils vision for the business park was a sustainable, attractive and functional
business and industrial community that offers employees and employers the opportunity
to work in a high quality environment which supports the Greater Bendigo community
and region. The aim was to provide a site that meets industrys needs, is strategically
located and free of significant environmental constraints. The site needed to be well
buffered from sensitive uses, and large enough to also accommodate support services.
Since the Marong Business Park Analysis Project (2007) was adopted, Council decided
to reduce the area for the proposed Business Park from 967 hectares to 313 hectares,
with the reduction in the size of the land being a strategic decision in that it reduced the
impact and uncertainties for neighbouring landowners, whilst still providing a land supply
for 20 to 30 years. However, the change to the size of the land has necessitated the
need for a land use buffer for the proposed business park, affecting some adjoining land.

PAGE 29

Planning for Growth

Ordinary Meeting - 29 June 2016

Also, further consideration was given to the most appropriate planning controls for the
proposal. Consequently, the Comprehensive Development Zone is proposed for the
Marong Business Park, as it allows greater flexibility than any other zone in the Victoria
Planning Provisions as it can be tailored for particular uses.
The Loddon Mallee South Regional Growth Plan (2014) is the States strategic land use
plan for the region to guide growth and change for the next 30 years. The Plan states
that Bendigo will accommodate the majority of growth in the Loddon Mallee South region
over the next 30 years. It states the city is expected to continue to experience strong
and steady population growth to 2041, with a projected population of 150,000. This Plan
sets an aspirational population target for Bendigo close to 200,000 people to help drive
investment and economic growth in the region.
Actions of the Loddon Mallee Regional Growth Plan include accelerating the
development of the Marong Business Park as a key new location for industry and
business and prioritising the implementation of the Marong Plan and Marong Business
Park development.
The key steps in the Amendment process are summarised below:
Amendment prepared

Council decides whether to seek


Ministerial Authorisation

Public Exhibition of Amendment

Submissions received

Council requests an Independent


Panel to consider submissions

Panel Hearing held

Council decides to Adopt or


Abandon the Amendment

We are at this
point

Send to Minister for Approval


and Gazettal

PAGE 30

Planning for Growth

Ordinary Meeting - 29 June 2016

Previous Council Decisions


19 April 2006 Council resolved to endorse Stage 1 of the Bendigo Future Industrial
Land Strategy and authorised Connell Wagner to proceed with a detailed study of the
Marong West site.
19 December 2007 Council resolved to endorse the Marong Business Park Analysis
Project and support the use of the Special Use Zone, with a Development Plan Overlay
and acknowledge other overlays were likely to be required. Council endorsed the
commencement of the implementation process (including rezoning) and resolved to seek
Government support for the completion of various studies and analysis identified in the
report.
15 June 2011 - Council adopted the Marong Plan (2010).
22 October 2014 Council resolved to request the Minister for Planning authorise
Council to prepare and exhibit Amendment C161 to the Greater Bendigo Planning
Scheme.
27 May 2015 Council resolved to request the Minster for Planning appoint an
Independent Panel to consider all submissions.
Report
The attached Explanatory Report details the purpose and effect of the Amendment and
provides the strategic justification for the Amendment.
Land affected by the Amendment

The subject site is known as 104 Carters Lane & 20 Yorkshire Road, Wilsons Hill. The
land proposed to be rezoned for the Marong Business Park is located approximately 500
metres west of the Marong township, as shown above in Figure 1. It is located
approximately 16 kilometres west of the Bendigo CBD and is outside the Urban Growth
Boundary.

PAGE 31

Planning for Growth

Ordinary Meeting - 29 June 2016

The land is generally bounded by Calder Highway to the north, an unmade vegetated
road reserve to the west, Sandhurst-Inglewood railway line and Yorkshire Road to the
south. The proposed business park site comprises an area of approximately 313
hectares.
The site is generally flat and has been used for grazing and cropping for over 100 years.
It is mostly cleared with the exception of a patch of native vegetation located centrally
within the site and some scattered trees. The land contains a dwelling (formerly the
Yorkshire Hotel) and outbuildings in the south eastern corner of the site and a number of
dams. Access to the dwelling is currently via Yorkshire Road, with another access via a
gravel crossover to Calder Highway near the centrally located patch of native vegetation.
The subject site has a frontage of approximately 4.66 kilometres to the Calder Highway.
The land is currently zoned Farming Zone and is not affected by any overlays. The
Calder Highway abuts the site to the north east and is zoned Road Zone 1. The railway
line to the south is zoned Public Use Zone 4. The land in the surrounding area is zoned
Farming Zone and used for farming with associated dwellings and outbuildings, with
Bullock Creek and Dry Creek affected by an Environmental Significance Overlay 1.
What the Amendment does
The exhibited Amendment proposes to:
Rezone the land for the Marong Business Park from Farming Zone to Comprehensive
Development Zone Schedule 3 (CDZ3).
Apply the Public Acquisition Overlay 6 (PAO6) to the proposed site and proposed
drainage corridor to Dry Creek.
Apply Development Contributions Plan Overlay 1 (DCPO1) to the proposed site.
Apply the Environmental Significance Overlay 6 (ESO6) to properties surrounding the
northern end of the proposed Marong Business Park.
Apply the Heritage Overlay (HO862) to the former Yorkshire Hotel environs.
Amend Clauses 21.01 (Municipal Profile), 21.02 (Key Issues and Influences), 21.04
(Strategic Directions), 21.07 (Economic Development), 21.09 (Infrastructure), 21.10
(Reference Documents), 22.05 (Industrial Policy) to provide strategic justification for
the Amendment in the Planning Scheme.
Consultation/Communication
Exhibition Procedures
The Amendment was exhibited for six weeks from 19 February 2015 to 2 April 2015.
Notice was provided in the following manner:
Individual notices to owners and occupiers of land affected by the Amendment.
Notices to prescribed Ministers under Section 19(1)(c) of the Planning and
Environment Act.
Notices to all authorities materially affected under Section 19(1)(a) of the Act.
Public notice of the Amendment in the Bendigo Advertiser on 18 February 2015 and
21 February 2015.
Publication of the notice of the Amendment in the Government Gazette on 19
February 2015.
Access on-line.
PAGE 32

Planning for Growth

Ordinary Meeting - 29 June 2016

Community information session held on 12 March 2015 at Marong Hall, attended by


approximately 35 people.
Community bulletin distributed to residents and businesses in the Marong and
Bridgewater areas.
Media release.

Submissions
A total of 27 submissions were received. Twenty-one (21) were received during the
exhibition period, with 5 late submissions received shortly after the closing date, one
further submission received after the independent Panel had been appointed.
Submissions were received from referral authorities, affected landowners, other
residents and landowners, and local businesses.
The key issues raised by the submitters included:
Compulsory acquisition of land
Hydrogeological conditions of the site and impacts of dewatering
Support for more industrial land by local industries
Industrial land supply and demand analysis
Loss of agricultural land
Sewer and water supply
Buffer area
Traffic impacts
Developer contributions
Character of Marong
Devaluation of property
Emergency services
All submitters will be notified of Councils decision resulting from this report.
The Panel Hearing
The Minister for Planning appointed an Independent Panel to consider the Amendment.
The Hearing was held on 9, 10, 11, 12, 16 and 17 November and 14 January. The Panel
has considered all written and oral submissions and material presented to it in
connection with the Amendment.
The Panel Report and Recommendations
The Panel Report was received on 15 February 2016 and contained 5 recommendations.
Under Section 26 of the Planning & Environment Act 1987, the panel report was
automatically released on 14 March 2016 to the public, 28 days following its receipt.
In summary, the Panel recommended the Amendment be adopted with changes.

PAGE 33

Planning for Growth

Ordinary Meeting - 29 June 2016

Key Issues

Strategic justification for rezoning


In 2012, the City commissioned a Review of Demand and Supply for Industrial Land in
Greater Bendigo (SGS Planning and Economics, 2012). The report estimated 202
hectares of industrial land was required, at a minimum, to provide for a conservative
forecast of 3,270 jobs by 2041. If the land was consolidated into a business park
location, then a further 360 jobs, or a total of 3,630 jobs, would be created. It also stated
that Greater Bendigo could have anywhere between 460,000 and 620,000 square
metres of additional industrial floorspace occupying between 135 hectares and 243
hectares of industrial land.
The Panel report stated that the 2012 Industrial Land Review supports the extent of
industrial land proposed by the Amendment.
The Panel accepted that the Amendment and business park will result in a positive net
community benefit, and stated that the benefits will far outweigh the negative impacts
that will be experienced by landowners affected by the Amendment. The business park
will provide between 3,600 and 6,000 jobs, depending on the rate of growth in
employment that occurs over time.
Councils submission to the Panel noted that of the 3,270 jobs estimated by SGS to be
created by 2041, 950 are manufacturing related, 700 are freight related jobs, 1,100 are
servicing manufacturing and construction jobs, and 450 are utilities jobs. The projected
demand for industrial land in Greater Bendigo comprises manufacturing (26%) freight
(45%) service industry (24%) and utilities (6%).
The Panel also noted that the Amendment has broad level existing State planning policy
to strategically support the Amendment. The Loddon Mallee South Regional Growth Plan
states that the development of the Marong Business Park is a priority for the region as it
provides significant employment opportunities and land for important economic sectors
and supply chain links such as food processing and freight.
While the Panel was somewhat critical of Councils site selection process, in that the site
was identified prior to all the studies being done, it was satisfied that there was sufficient
strategic justification for the proposed rezoning and supported by adopted plans,
strategies and studies.
The City believes its site selection methodology was rigorous. The initial assessment
was undertaken in 2006 for a total of 7 sites, which included Marong West, Marong East,
Myers Flat, Goornong/Elmore, Bagshot, Sebastian/Woodvale and Ravenswood. These
sites were assessed against a set of siting and locational criteria, with the primary criteria
being:
Ability to meet land area needs;
Unconstrained by nearby sensitive uses;
Free from significant environmental constraints;
B-double capable highway access;
Access to rail;
PAGE 34

Planning for Growth

Ordinary Meeting - 29 June 2016

Ability to bypass city centre when accessing Melbourne;


Access to Bendigo township

The above sites were reassessed in 2009, together with an additional site, known as
Marong South, before Council confirmed the Marong West site as the most suitable site
for the proposed business park and resolved to proceed with this Amendment.
In its report, the Panel noted that the original score given for access to rail was no
longer accurate given the dilapidated state of the decommissioned rail line, and that the
Elmore site had the same score for ability to meet land area needs, and ranked
reasonably well against the secondary siting criteria. However, it is noted that even after
all sites were reassessed against the criteria in 2009, with the access to rail criteria
excluded, the Marong West site still ranked as the best site.
Loss of agricultural land
Evidence was presented at the Panel hearing about the agricultural quality of the land, its
impact on regional productivity and the impact on viability of the landowners farm,
should land be compulsorily acquired.
The Panel accepted that the proposal will result in a loss of good quality (not high value)
agricultural land, but that this loss would be offset by broader positive economic impacts.
It concluded that any adverse impacts of the Amendment on agricultural land would be
manageable.
Buffer
The Amendment proposes to apply the Environmental Significance Overlay Schedule 6
(ESO6) to land adjoining the business park for the purpose of a buffer. The objectives of
ESO6 are to ensure that any development in the overlay area does not prejudice the
development of, and ongoing operation of, the Marong Business Park, and to minimise
the potential for future sensitive uses to be affected by off-site amenity impacts and
reduce land use conflict.
As the ultimate uses within the business park are not known, the City proposed a buffer
distance of a total of 500 metres which would accommodate the recommended
separation distances for the majority of industries as required by Clause 52.10 of the
Planning Scheme (Uses with adverse amenity potential) and the EPAs guidelines
(Recommended Separation Distances for Industrial Residual Air Emissions, EPA March
2013). Fifty metres is proposed to be accommodated within the business park site, with
the overlay to extend over adjoining land for a distance of 450 metres from the edge of
the business park, including the road and rail reserves.
The ESO is an appropriate planning control to address environmental risks. The
precedent for the use of ESOs to provide buffers external to potential sources of odour or
noise emissions from incompatible development has been well established and is
commonplace around Victoria, and has generally been accepted by other planning
panels.

PAGE 35

Planning for Growth

Ordinary Meeting - 29 June 2016

There may be a contrary view that the ESO shouldnt be used to control the use of land,
however ESOs have been approved by the Minister to control buffers around a range of
uses in the Loddon Mallee region, including a waste water treatment plant and reuse
centre (ESO2 Mildura), Merbein Mushroom Plant (ES03 Mildura), an abattoir, an asphalt
and crushing plant, a concrete batching plant (ES04 Mildura), a livestock exchange,
waste transfer plant and pound (ESO2 Campaspe), and an abattoir (ESO2 Central
Goldfields), as well as elsewhere in the State, including power stations (ESO3 Moyne),
broiler farms (ESO2 Murrindindi), noise from Winton Motor Raceway (ESO1 Benalla),
sewerage treatment plant (ESO5 Moorabool and ESO4 Benalla), extractive industry
(ESO1 La Trobe) and port industries (ESO5 Greater Geelong).
The Department of Environment, Land, Water and Plannings publication Using Victorias
Planning System states that the ESO has a role in both conservation and protection, as
well as containing and controlling development where risk is posed to property, health,
amenity and safety.
Submissions raised concerns about the application of this overlay on the basis that any
required buffers should be contained within the business park and not affect other land,
and that the overlay would restrict a landowners ability to use and develop their land.
While the Panel accepted that the ESO can be used to manage interface issues between
incompatible land uses, it recommended that the ESO6 not be applied as part of the
Amendment because:
There is insufficient justification.
An ESO should be considered as part of any future amendment to rezone the
adjoining land for residential purposes, and any future ESO schedule should be
tailored to reflect Marong Business Parks specific circumstances.
Council should consider introducing a bufferrelated policy for the Marong Business
Park in Clause 22.05.
The setback provisions in the Comprehensive Development Zone 3 are satisfactory
and will guide the preparation of a precinct development plan and planning permit
application.
The basis for the Panels recommendation was that farming is a primary industry, and it
is likely that existing residents living in the Farming Zone area already experience early
morning and ongoing noise from farming activity, and it was unlikely that a relatively
small number of dwellings that could establish within 450 metres of the business park
would adversely impact on its operation. It further stated that the business parks 50
metre building setback and the Calder Highway road reserve would provide appropriate
setbacks for many industrial uses seeking to locate closer to the highway.
It is recommended that Council does not accept the Panels recommendation to delete
this overlay from the Amendment. The overlay is an important planning control that will
help achieve Councils vision for the business park, being to provide a well buffered and
sustainable supply of industrial land for the next 30 years. There are many interface
problems already in existence in Bendigo and the proposal seeks to avoid creating future
land use conflicts.

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The use of buffers on adjoining land is an accepted outcome, provided the impact of
such buffers on the particular land is not unreasonable. The imposition of the ESO6 will
have no effect on farming activities as its main purpose is to require a permit for
dwellings, and it will greatly assist in avoiding future encroachment issues which can be
reasonably anticipated.
The overlay is the most appropriate planning tool available in the Victoria Planning
Provisions in order to trigger the need for a permit for specific types of development and
allow Council to consider the likely amenity impacts when a development associated with
a sensitive use is proposed. The overlay is necessary as the threshold distances for
industrial uses specified in Clause 52.10 (Uses with adverse amenity potential) of the
planning scheme, do not apply to sensitive uses within the Farming Zone, but Clauses
13.04-2 (Air quality), 17.02-1 (Industrial land development) and 17.02-2 (Design of
industrial development) all require consideration of the EPAs Recommended Separation
Distances for Industrial Air Emissions.
The Panels view was that the Farming Zone provides little opportunity to intensify
sensitive land uses to the point that would affect the operation of the business park, and
that State planning policy refers to applying appropriate buffers to settlement, not farming
land. However, the EPAs Recommended Separation Distances for Industrial Air
Emissions require the consideration of separation distances from any sensitive use,
including a single dwelling, not just an urban settlement. The ESO6 specifically require
consideration of the EPA guidelines, which are largely consistent with the threshold
distances in Clause 52.10.
There is potential for parcels within the Farming Zone to be consolidated into lots over 40
hectares and developed with dwellings without the need for a planning permit. This could
result in a number of additional dwellings establishing within close proximity to the
business park. Dwellings within close proximity to the business park could reduce the
attractiveness of the site for businesses, and stifle future expansion opportunities for
businesses which establish within the site.
There is no statutory requirement for consideration of amenity impacts on dwellings
within the Farming Zone for anything other than agricultural activities under current
planning controls. Increasing the minimum lot size for an as of right dwelling for land
surrounding the business park by changing the Schedule to the Farming Zone would
increase the likelihood of permits being required for any new dwelling, however it will not
enable Council to consider the likely environmental risks and amenity impacts of the
business park on such a use. This is why the ESO6 is required.
The City considers it essential to adopt the precautionary approach by applying the
ESO6 to protect the integrity of the business park in the long term. One of the key drivers
of this proposal was to provide suitable land unconstrained by possible land use
conflicts.
The Panel was critical of the Citys proposal to apply the overlay given the ultimate uses
within the business park are not yet known. However, it is argued that the cumulative
impacts of industry within a 313 hectare business park should not be underestimated.
The impacts are likely to be vastly different from the typical impacts resulting from
agricultural activities, particularly in terms of noise and odour.

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The ESO6 will have minimal impact on agricultural use on neighbouring farms. The
development of outbuildings, sheds and stables will be exempt from permit requirements.
Following the release of the Panel report, the City has consulted further with the EPA,
who has confirmed its support for the application of the Environmental Significance
Overlay. The EPA advised that separation distances are critical and a precautionary
approach should be taken, with buffers put in place as early in the planning process as
possible. It is important to note that the EPA would not support the proposed zone in its
current form without an acceptable planning tool for a buffer in place. It advised that if
there is no planning control in place to ensure separation distances are maintained,
including provisions to assess new developments, then there is a significant risk that
amenity impacts will be experienced.
A report by an independent Ministerial Advisory Committee into Victorias Environment
Protection Authority, released in March this year, examined EPAs strategic approach to
land use planning. The report recommended the development of strengthened land use
planning mechanisms to better manage and address conflicting land uses.
Recommendation 10.3 of the report is: to develop, as a priority, strengthened land use
planning mechanisms that establish and maintain buffers to separate conflicting land
uses, avoid encroachment problems, help manage health, safety and amenity impacts,
and ensure integration with EPA regulatory requirements.
The report acknowledges that there are gaps between the planning and environmental
systems. The separation distances in the planning system deal with risks posed by new
industrial development that will have amenity impacts, but they dont capture applications
for sensitive uses in areas with pre-existing buffers.
Section 10.3.3 of the report relates to providing effective buffers to manage future
amenity impacts. It states that the most effective approach to managing encroachment
issues is to provide for the formal separation of conflicting activities through planning
scheme requirements, such as threshold distances that provide buffers. This issue is an
important area for integrating land use planning and environmental protection. In effect
licensing conditions establish the acceptable levels of emissions assuming a given
industrial process and a given separation distance to avoid amenity impacts on sensitive
uses. These separation distances need to guide subsequent decisions made through the
planning system regarding the development and use of land that may be affected by the
licensed activity.
It further states that the planning system must clearly and consistently identify activities
with amenity impacts, so that they can be addressed in all relevant planning decisions
(for example, relating to sensitive uses). This approach also provides certainty for
businesses, prospective land developers and the community. Providing clear and
accessible information about land that is subject to a buffer and about the expectations
for potential amenity impacts is important for the planning system and environmental
regulations to operate effectively.

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While a local policy could be developed to discourage developments associated within


sensitive uses within the buffer, a local policy will not have the same weight as an
overlay, and in any case, will only be triggered when a planning permit application is
received. The introduction of a policy would also require the preparation of another
planning scheme amendment. A policy would not be as transparent to purchasers, as it
would not appear on a Planning Certificate, whereas an overlay would be listed.
The Panel also suggested Council could use the Industrial 3 Zone on part of the
business park site for the purpose of a buffer. While this zone is used for sensitive
interfaces, it offers less flexibility than the proposed Comprehensive Development Zone
3, and all use and development for industry and warehousing would require planning
permits under this zone and notice of applications would be required.
Such a change would likely require a new Amendment process to be initiated. This zone
would mean less certainty for businesses about their ability to locate within the business
park, without first going through a planning permit process. The Panel has not suggested
where this zone should be applied, but if the outer part of the business park was zoned
Industrial 3 Zone, the potential to provide for the range and scale of uses envisaged for
the site would be restricted, as the area of land available for heavy industry would be
significantly reduced. It is considered that the Industrial 3 Zone would not achieve
Councils vision to provide land buffered from sensitive uses and it would defeat the
intent of the Amendment, which was to zone the land to allow for flexibility in the range of
uses.
Compulsory acquisition
Submitters objected to the compulsory acquisition of land for the business park and were
concerned about the loss of a significant part of a farming enterprise owned by the same
family for several generations, and that the Public Acquisition Overlay (PAO) was not
being applied for a public purpose or community benefit, rather for a commercial
enterprise for resale to developers.
PAO for drainage corridor
The Panel supported the PAO being applied to the proposed drainage corridor, although
it suggested that other options to secure the use of that land, such as an easement, be
explored. It is recommended that Council adopt the PAO for the proposed drainage
corridor as ownership of the drainage corridor is seen as the best option to enable the
efficient management of drainage infrastructure into the future, and as the landowners do
not support the Amendment it is likely that they would not agree to an easement over
their land.
PAO for Business Park
The Panel did not support the Public Acquisition Overlay 6 being applied to the proposed
business park site. Despite finding that there is justification for a 313hectare business
park in the Greater Bendigo region to serve regional needs, and the rezoning of the
subject land is strategically justified and appropriate for a future business park, it found
that there is insufficient justification to apply PAO6.
The Panel considered from a strategic planning perspective, whether applying PAO6 is
justified and appropriate.

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The report states: In the absence of specific guidance about the application of a PAO
and from a review of information referred to it by Council, experts and submitters, the
Panel considers that applying PAO6 for a public purpose that is not a public use should
seek to meet the following criteria:
1. Clear evidence that there is no other suitable alternative available within the defined
catchment.
2. If there are no suitable alternatives, the PAO is being applied for a public purpose by
demonstrating, among other matters:
a. Net community benefit in the interest of the defined population catchment
b. Council will acquire and develop the subject land for the duration of the project.
3. The land being acquired is supported by specific existing planning scheme policy and
provisions.
4. The intended outcomes cannot be ultimately met without the PAO.
The Panel believed that there is no exceptional circumstance to warrant the PAO, and
that there is currently no urgency to provide for industrial land. The Panel also stated that
it was not convinced that the subject land is the only suitable land for a future business
park in Greater Bendigo. It disagreed with Councils position that the upfront
development costs would make it unfeasible for the private sector to develop the
business park, and considered that on selling land after developing the first stage of the
business park did not constitute a public purpose where there are other sites which could
be rezoned. The Panel considered that Councils aspirations for a future business park
can be met without a PAO.
Given the significance of this project, and its long term planning horizon, it is considered
that further discussion and thought about applying the PAO over the business park site is
warranted. It is therefore recommended that a decision on this part of the Amendment be
deferred. This would require the Amendment to be split into two parts.
Splitting the Amendment would allow Council more time to see how market forces might
impact on development of the site, to determine whether the PAO is required. Deferring a
decision would also allow more time for Council to provide further justification if it decides
the PAO is required. This part of the Amendment would not need to be re-exhibited if
council decided to adopt the PAO in the future. Landowners would be advised of any
future consideration of a decision on the PAO.
The alternative option would for Council to make a decision not proceed with the PAO for
the business park now. This would not prevent Council from revisiting this issue in the
future via a new planning scheme amendment process if Council determined that
compulsory acquisition of the land was necessary to facilitate the establishment of the
business park.
Environmental impacts
A number of submissions raised concerns regarding drainage, flooding, sand aquifers
and groundwater. Evidence was presented about each of these issues at the Panel
Hearing.
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The Panel concluded:


The Marong Business Park draft layout indicates that a practical stormwater system
can be designed and constructed.
Existing sand lenses do not preclude the subject land being developed as a business
park.
Flooding and drainage issues can be addressed in a manner that does not preclude
the subject land being developed as a business park.
Additional investigations should be conducted at the detailed design phase to
confirm which adjacent properties will be impacted by dewatering of the sand
lenses so that Council can provide them with alternative stock and domestic supply.
Postexhibition changes to water provisions in CDZ3 align with the Panels other
conclusions on site water and including them in the Schedule will better guide the
preparation of a precinct development plan and planning permit application.
Traffic and access
Submitters raised concerns about traffic impacts, including VicRoads who sought a
number of changes to the proposal. VicRoads requested the provision of roundabouts
instead of traffic lights at the access points, and a change to the Development
Contributions Plan to provide for 100 per cent of the funding for the signalisation of the
High Street and Calder Alternative Highway intersection, as opposed to a part
contribution.
Following exhibition of the amendment, further consultation was undertaken between the
City and VicRoads and agreement was reached on a number of matters.
At the Panel Hearing the Citys traffic expert demonstrated that roundabouts could be
designed for the development, including for a bypass. Four access points were
recommended to provide the most efficient access to the site, and this was supported by
VicRoads. The Panel was satisfied with this approach and found that it will provide for
better distribution and more direct access to the site in terms of travel distance and time.
A Marong bypass location has not yet been determined, but an indicative location has
been shown on the strategic plans for Marong and this has been noted on the concept
plan for the business park. The future bypass will be a key feature in the operation of the
Calder Highway from Mildura to Melbourne. As the business park will be staged, there is
potential to modify access to the site, should the bypass location change in the future. A
bypass for Marong is desirable for the long term, but adequate access needs to be
provided for the business park in the short/medium term. Consideration of the bypass
would be given in any final design for the regional role of the highway, and any
associated new freight routes that may be determined.
The Panel concluded that there are no traffic, transport or access reasons to abandon
the Amendment. The Panel recommended amending the requirements for an Integrated
Transport Plan listed in the Comprehensive Development Zone Schedule 3.
As such, traffic, transport and access issues are able to be resolved. Some changes to
the Development Contributions Plan will be required to reflect that roundabouts are to be
provided for access into the development.

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Development contributions
The proposed Development Contributions Plan (DCP) sets out developer levies to fund
infrastructure projects for the development including roadworks, intersections, drainage,
cycle and pedestrian trails and public open space.
As noted previously, VicRoads had challenged the proposed contribution for the
signalisation of the intersection of High Street and Calder Alternative Highway. Another
submission argued that developer contributions will be a financial burden and make the
land unattractive to industries.
The Panel concluded that the DCP is a fair and equitable mechanism for collecting levies
and funding projects associated with the Marong Business Park. It stated that
apportioning 37.6 per cent of the total project cost of signalising the intersection of High
Street and Calder Alternative Highway to the Marong Business Park is justified. The
Panel stated that the DCP can be changed to reflect roundabouts instead of signalised
intersections without transforming the Amendment, subject to aligning with the DCPs
existing methodology.
Other Issues
The panel considered issues relating to services and utilities, the character of Marong,
emergency services and property values which were raised in the submissions received.
The Panel did not express any concerns or make recommendations in relation to these
matters.

Table 1. Panel Recommendations

Panel Recommendation 1: Amend Comprehensive Development Zone Schedule 3,


as shown in Appendix D, to:

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(a) Change the precinct development plan(s) requirements to:


Require an environmental management plan to include an assessment against
the Urban Stormwater Best Practice Environmental Management Guidelines
CSIRO May 2006.
Show and demonstrate arrangements for providing alternative water supply to
land adjacent to the relevant precinct, across Calder Highway or abutting the site
to the west, as contemplated in the report of RMCG Proposed Marong Business
Park Potential for Offsite Impacts on Farm Dams, April 2014.
Require the management of sites on the edge of the Marong Business Park, at a
width of not less than 50 metres, including appropriate land uses and buffer
treatments including landscaping and built form features.
Require the Roads Corporation to be consulted on building setbacks to Calder
Highway.
Require an urban design framework to include building setback to all boundaries
to facilitate drainage and buffer function.
Mandate the traffic impact assessment contents.
Delete the condition that limits intersection assessments, forming part of a traffic
impact assessment, to traffic volumes that exceed 10 percent.
Delete the requirement for a traffic impact assessment to assess the Railway
level crossing/Calder Highway (east of Allies Road) intersection and Railway level
crossing/Calder Alternative Highway (south of Calder Highway) intersection.
Require traffic impacts and remedial actions for specified intersections to be
assessed against the Public Transport Guidelines for Use and Development
2008.

Delete the requirement for an urban design framework to include a design


parameter to manage sites on the edge of the Marong Business Park including
land use and buffer treatments.
Officer Response
Accept the Panels recommendation.
(b) Change Clause 3.0 (Use of land) to:
Require a permit application to use land for industry or warehouse to include
information on the location and detail of providing alternative water supply
infrastructure to adjacent land as set out in the relevant approved precinct plan.
Officer Response
Accept the Panels recommendation.
(c) Change Clause 4.0 (Subdivision) and Clause 5.0 (Building and works) to:
Require a permit application to include a drainage strategy and plan, including the
extent of proposed dewatering during construction; surface drainage; subsurface
drainage; the interface/interaction of surface and subsurface drainage; and the
necessary extent of permanent dewatering of the relevant precinct.
Require a permit application to include the location and detail of provision of the
alternative water supply infrastructure to adjacent or adjoining land as set out in
the relevant approved precinct plan.

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Officer Response
Accept the Panels recommendation.
(d) Translate content requirements for a precinct development plan into application
requirements.
Officer Response
Disagree with the Panels recommendation. It is accepted that the CDZ3 schedule
does not meet the Ministerial Direction for Form and Content of Amendments in its
exhibited form. However, it is considered that the Development Plan Overlay is the
most appropriate Victoria Planning Provision tool to enable the preparation of a
development plan for each precinct, prior to use and development of the land. It is
recommended that the precinct development plan requirements be translated to a
new Schedule to the Development Plan Overlay, to enable a faithful translation of
intent of the exhibited amendment. This would not result in a transformation of the
Amendment.
Panel Recommendation 2:
Delete the Public Acquisition Overlay for all land except the drainage easement
along the Calder Highway.
Officer Response
Agree to apply the PAO over the proposed drainage corridor. Split the Amendment
into two parts to defer a decision on whether to adopt the PAO for the business park.
This will provide Council more time to consider whether the PAO is warranted and
opportunity to determine whether there is sufficient market interest in for private
developers to take up the site.
Panel Recommendation 3:
Delete Environmental Significance Overlay Schedule 6.
Officer Response
Disagree with the Panels recommendation. It is not accepted that the ESO6 is
unnecessary for the proposed business park for the reasons outlined in this report.
The Environmental Significance Overlay is the most appropriate planning tool to
implement a buffer and the ESO6 should be applied.
Panel Recommendation 4:
Change the Development Contributions Plan to replace signalised intersections with
roundabouts that meet VicRoads specifications and make consequential changes
throughout before the Amendment is finalised.
Officer Response
Accept the Panels recommendation.

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Panel Recommendation 5:
Amend Clause 21.04 to replace clause with Clause.
Officer Response
Accept the Panels recommendation.
Conclusion
Over the past decade, the City of Greater Bendigo has undertaken significant work to
identify a future site to provide for the municipalitys industrial land requirements through
to 2041.
In 2012 the City commissioned an Economic Impact Assessment Report. The report
found 202 hectares of industrial land was required, at a minimum, to provide for a
forecast 3,270 jobs. If the land was consolidated into a business park location, then a
further 360 jobs, or a total of 3,630 jobs, would be created.
Currently Greater Bendigo does not have enough suitable industrial land to meet the
demand to 2041. There is about 100 hectares of industrial zoned land available, most of
which is constrained and fragmented, and there is a shortage of large buffered sites.
More land will be needed to accommodate new and expanding existing businesses.
Multiple locations outside urban Bendigo were considered to provide the additional land,
with Marong identified as the most suitable place to generate economic and social
benefits for the Greater Bendigo and the wider region.
This Amendment will have significant strategic planning implications both for the
municipality and the region. Greater Bendigo plays an important role within the Loddon
Mallee South region, with the municipalitys population forecast to be 145,000 by 2030,
with an aspirational target of 200,000 by 2041.
The Marong Business Park is supported by State planning policy, with Marong identified
within the Loddon Mallee Regional Growth Plan as a future employment hub and the
Marong Business Park being a key new location for industry and business. The
development of the Marong Business Park is also likely to have implications on strategic
planning for Marong township and the western part of municipality with regard to
infrastructure provision.
Providing a buffer for the business park will be critical for its sustainability into the future
and minimising the potential for land use conflicts.
Having considered the Panels recommendations, it is recommended that the
Amendment be supported, with changes. It is also recommended that Council split the
Amendment into two parts.
Part 1 would comprise:
Rezoning the land to Comprehensive Development Zone Schedule 3;
Applying the Development Contributions Plan Overlay Schedule 1 to the land;
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Applying the Development Plan Overlay Schedule 29 to the land;


Applying the Public Acquisition Overlay Schedule 6 to the proposed drainage
corridor;
Applying Heritage Overlay HO862 to the land; and
Applying the Environmental Significance Overlay Schedule 6 to some land
surrounding the business park.

Part 2 would comprise the Public Acquisition Overlay.


It is recommended that Council adopt Part 1 of the Amendment with changes, and
forward the adopted Amendment to the Minister for Planning for approval. This will
complete Part 1 of the Amendment.
It is recommended that Council defer a decision on Part 2 of the Amendment, and
undertake further work to determine whether it is necessary to apply the Public
Acquisition Overlay to the land.
Options
Council has the option of:
Adopting the Amendment in accordance with the above Officer Recommendations
and sending to the Minister for Planning for Approval.
Adopting the Amendment in accordance with the Panels recommendations and
sending to the Minister for Planning for Approval.
Adopting the Amendment in part.
Abandoning the Amendment under the Planning and Environment Act 1987.
Resource Implications
Officer time will be required to prepare the Amendment documentation for adoption and
liaise with the Minister for Planning.
The City is responsible for payment of statutory fees and costs incurred in the processing
of the Amendment.
In acquiring the land for the Marong Business Park, the Council must compensate the
owners of the land. Council may also be required to undertake various capital works to
facilitate investment in the business park. This would be a major investment over a long
period, implemented according to Councils priorities and its ability to access funds from
other levels of Government.
There will be a consequential increase in the number of planning permit applications and
Council planning officer time will be required to assess such applications; however the
resource cost for processing applications would be insignificant in light of the overall
capital expenditure for the project.
Several measures included within the CDZ3 will limit the impact of the amendment on
the resource and administrative costs of the responsible authority:

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Potential for reductions in processing time for new applications which are generally in
accordance with approved development plans and incorporated Marong Business
Park Comprehensive Development Plan (2014).
Including a number of preferred land uses as Section 1 uses (i.e. no permit required).
Exemption from notice and review for applications generally in accordance with the
Marong Business Park Comprehensive Development Plan (2014) and the approved
development plan.
Council will also require additional resources to implement and monitor the development
contributions plan, and to review the plan every 5 years.
Attachments

Explanatory report
Panel report
EPA information

RECOMMENDATION
That the Greater Bendigo City Council resolves to:
1. Split the Amendment into two parts, with Part 1 of the Amendment being to rezone
the subject land to Comprehensive Development Zone Schedule 3 and apply the
Development Contributions Overlay Schedule 1, Development Plan Overlay
Schedule 29, and Heritage Overlay HO862 and apply the Environmental Significance
Overlay Schedule 6 to some land surrounding the business park, and the Public
Acquisition Overlay - Schedule 6 to the proposed drainage corridor land.
Part 2 is to comprise the Public Acquisition Overlay Schedule 6 proposed for the
business park land.
2. Adopt Part 1 of the Greater Bendigo Planning Scheme Amendment C161 with
changes.
3. Forward the adopted Amendment (Part 1) to the Minister for Planning for Approval.
4. Write to the Minister for Planning to request an extension of time of two years to
make a decision on Part 2 of the Amendment.

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Planning for Growth

4.2

Ordinary Meeting - 29 June 2016

BIG HILL MANDURANG VALLEY LANDSCAPE ASSESSMENT


PLANNING SCHEME AMENDMENT C217

Document Information
Author

Andrew Cockerall, Coordinator Strategic Planning

Responsible
Director

Prue Mansfield, Director Planning and Development

Summary/Purpose
Amendment details:

The amendment proposes to implement the Big Hill and


Mandurang Valley Landscape Assessment (2013).
Changes proposed by the amendment include:
Various changes to the Municipal Strategic Statement
(MSS) to highlight the importance of the landscape in the
Big Hill and Mandurang Valley areas.
Introduce two Significant Landscape Overlays to the
areas to ensure that new development respects the
landscape values of the area.
Include the Big Hill and Mandurang Valley Landscape
Assessment (2013) as a Reference Document within the
MSS.

No. of submissions:

53 in total (27 supporting, 22 opposing and 4 submissions


that raised other a number of issues)

Key issues:

Recommendation:

That Council not accept the recommendations of the


Independent Panel and that Council adopts Amendment
C217 to the Greater Bendigo Planning Scheme subject to
modifications and request approval from the Minister for
Planning.

Methodology used in the Landscape Assessment


Significant Landscape Overlay Boundary.
Panel recommendations.

Policy Context
Council Plan Reference:
Theme 5: Sustainability
1. The built and natural qualities that make Greater Bendigo an attractive and appealing
place are valued and conserved

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5.1 Protect and conserve Greater Bendigos natural environment and settings for the
future
Strategy Reference
The Rural Areas Strategy (2009)
8. Future Strategic Work: Significant Landscape Overlay A study for the Big Hill
escarpment, parts of the Mandurang Valley and areas of the Campaspe/Axe Creek.
Loddon Mallee South Regional Growth Plan Reference:
12. Environment
Future direction- Protect identified visually important landscapes and cultural and built
heritage places.
Background Information
Previous Council Decision(s) Date(s):
6 July 2011 - Council endorsed a project brief describing the purpose and scope of a
landscape assessment covering the areas of Big Hill and the Mandurang Valley.
21 August 2013 - Council adopted the Big Hill and Mandurang Valley Landscape Report,
and resolved to request the Minister for Planning to authorise Council to prepare a
Planning Scheme Amendment.
11 February 2015 - Council resolved to request the authorisation to prepare and exhibit a
Planning Scheme Amendment to implement the recommendations of the Landscape
Assessment Report for Big Hill and Mandurang Valley into the Greater Bendigo Planning
Scheme.
14 October 2015 Council considered submissions to Amendment C217 and resolved to
refer all submissions to an Independent Panel appointed by the Minister for Planning.
Report
The following table sets out the Planning Scheme Amendment process. Amendment
C217 is now at a stage where the Panel Hearing has been completed and Council needs
to decide whether to accept the Panel recommendations, adopt or abandon the
amendment.
What the amendment does
Planning Scheme Amendment C217 implements the findings of the Bendigo Landscape
Assessment, Big Hill and Mandurang Valley Final Report, 2013 (the Study) prepared by
Planisphere.
The planning scheme amendment introduces updates to the Municipal Strategic
Statement at Clauses 21.08 and 21.10 to reflect the strategic recommendations of the

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report and also introduces two new schedules to the Significant Landscape Overlay- Big
Hill (SLO3) and the Mandurang Valley (SLO4).
The introduction of two new Significant Landscape Overlay Schedules will give statutory
effect to the recommendations of the report and assist Council in its decision making in
relation to the ongoing protection and management of these landscapes.

Amendment C217 Panel Hearing


On 14 October 2015 Council resolved to refer all the submissions received during the
exhibition of Planning Scheme Amendment C217 to an Independent Panel appointed by
the Minister for Planning.
The Panel conducted its hearing on 27-29 January 2016. This included an accompanied
inspection of the Ravenswood Run property. Ten submitters appeared before the Panel
during the course of the hearing.

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The Panel submitted its report to Council on 4 April 2016 and it was subsequently
released within the statutory 28 day period.
Amendment C217 Panel Report
The Panel raised a number of concerns with the Study and the Amendment, namely:

That the Landscape Assessment is hard to read, the justification of conclusions is


unclear and has the potential to cause some confusion to all stakeholders.
The extent of the proposed Significant Landscape Overlay (SLO) is too broad and
inconsistently applied.
The landscape must be predominantly visible.
That the SLO should consider the inclusion of public land.
That the link between the Landscape Assessment and the SLO was not justified.

The Panel ultimately recommended that Amendment C217 be deferred pending further
work that would address the concerns raised by the Panel.
Response to the Amendment C217 Panel Report
The recommendation of the Panel was unexpected.
Planisphere who prepared the Landscape Assessment are a highly regarded company
and one of the few consultancies across the State to undertake this type of work
including work for the State Government. The methodology they used has been
accepted by a number of other Panels.
Following receipt and review of the Panel Report, Planisphere undertook a detailed
review of the Panel Recommendations. It is important to note that this review was
prepared by 2 Directors of Plansiphere who had not been involved in the preparation of
the Landscape Assessment. A copy of this review is attached and the key outcomes of
this review are:
Panel Recommendation / Comment

Planisphere Response

The Landscape Assessment is large and


difficult to read. Numbered headings and
an Executive Summary are needed.

The size of the report reflects the study


process and methodology and the
complexity of the landscape. Agree that
numbered headings and a more
comprehensive Executive Summary
would improve the readability of the
document.

Concern about the sources of information


used (such as Councils strategies) and
the lack of scientific evidence in the
Study and how this is documented.

A Landscape Assessment typically


references the findings of other studies
and background information. Additional
sources of secondary information that
were used but not cited could be
included within the Study.

The weighting given to the landscape

The level of detail in the assessment of

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Planning for Growth

Ordinary Meeting - 29 June 2016

Panel Recommendation / Comment

Planisphere Response

values and how these are ranked is


unclear. There was also no comparative
assessment undertaken and it is unclear
how community values were integrated
into the Study.

landscape values exceeds that of normal


landscape assessments. All values were
considered equally and this can inform
the visual assessment of a landscape.
Additional text within the Study would
help explain this. Comparative
assessments were not a requirement of
the brief, however the study team used
their knowledge and experience from
working across Victoria in understanding
and assessing landscape values.

Concern about the boundaries of SLO at


a number of locations and how this links
to the Study.

The boundaries of the SLO are based on


the Character Area boundaries in the
Study and these were identified based on
their unique features. There will always
be an element of professional judgement
in determining the boundaries of the
Character Areas. This approach was
recently accepted by another Panel
(Nillumbik C81).
The extent of the SLO differs between
Big Hill and Mandurang and this reflects
the nature of the two landscapes Big
Hill is an open and extensive landscape
while Mandurang Valley is finer grained.
The landscape was viewed from a
number of public access points and this
is an accepted practice. While the visual
assessment is an important
consideration, it is not the sole
consideration. Landscapes can be
significant even if they cant be seen.

Concern about applying the SLO to


locally significant landscapes and that
the SLO should apply to public land.

The SLO schedule makes no distinction


about the level of landscape significance
state, regional or local. Since this
hearing another Panel (Nillumbik C81)
accepted that an SLO be applied to
locally significant landscapes.
There are varying views on whether to
include public land within the SLO. State
government assessments have excluded
public land. This is something that
Council should consider.

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Planning for Growth

Ordinary Meeting - 29 June 2016

The Panel have essentially formed the view that if a landscape cannot be viewed from a
public vantage point then it shouldnt have the SLO applied to it. The argument put to
the Panel in the Council submission was that a range of factors contribute to landscape
significance cultural, environmental, social or geological factors. Just because land
might not be visible this does not mean these other values are not significant or dont
deserve planning scheme protection. Using this logic a heritage building that cant been
seen doesnt deserve protection under the Heritage Overlay.
In addition, over time more areas may become visible from new public vantage points.
For example when the new Ravenswood Interchange is complete it will offer entirely new
views of the area.
In relation to visibility of the site it was noted during the hearing that the Ravenswood
Run site is highly visible from the train line and that thousands of people go past the site
every day. This was not acknowledged or even referred to in the Panel report.
It is also apparent that there are differing views from Planning Panels in regard to
Landscape Assessment. The Nillumbik C81 Panel supported the application of the SLO
over locally significant landscapes and there are a number of amendments are varying
stages proposing a SLO over locally significant landscapes.
Another interesting recommendation of the Panel was to not support the Mandurang
Valley South Character Area but there is little within the report to justify this other than
the opinion of the Panel
Also in relation to Mandurang Valley the Panel gave weight to there not being strong
community support for the application given that 20 of the 33 submissions received in
this area did not support the amendment. What the Panel did not acknowledge was that
over 660 parties were notified of the amendment in Mandurang and Mandurang South.
Only 3% of people objected and this is not considered to be a basis to say there is a lack
of community support.
Priority/Importance:
The amendment is of high importance as it is critical in the management of significant
landscapes.
Options/Alternatives:
Council has three options:
Accept the Panel recommendation and undertake further work (this would be subject
to a budget bid).
Not to accept the Panel recommendations, to adopt the amendment and send the
documentation to the Minister for Planning for approval.
Abandon the amendment.
Timelines:
Should Council accept the recommendation in this report, the amendment
documentation should be finalised and submitted to the Minister for Planning for
approval.
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Planning for Growth

Ordinary Meeting - 29 June 2016

Risk Analysis:
The planning scheme amendment process requires consideration of social, economic
and environmental risks that will be assessed as part of the Planning Panel process.
Consultation/Communication
The development of the Landscape Assessment went through an exhaustive community
consultation process that included community workshops, information sessions and
meetings with landowners and other stakeholders.
Notice of Amendment C217 was sent to over 670 landowners and advertised in the local
papers. The exhibition period was also extended to 6 weeks to allow affected parties
additional time to prepare submissions.
Conclusion
The Big Hill and Mandurang Valley Landscape Assessment has been through an
exhaustive process in its development and there is a strong level of community support.
Given the nature of the Big Hill and Mandurang Valley landscapes the report is large and
complex but this is necessary and reflects the significant amount information and
resources that have gone into the development of the Study.
It is considered that the criticisms of the Study and the Amendment by the Panel are
unreasonable given other Panels have accepted the Planisphere methodology and have
accepted that locally significant landscapes deserve protection under the SLO. The
Panel did make some general observations that would improve the readability of the
Study and these should be pursued.
Given the issues discussed above it is considered on balance that the Panel
recommendations should not be supported.
Attachments

Review of Planning Panel Recommendations for Am C217 to the Greater Bendigo


Planning Scheme (Planisphere).

RECOMMENDATION
That Greater Bendigo City Council resolve to:
1. Not accept the recommendations made by the Amendment C217 Planning Panel.
2. Make alterations to the Big Hill and Mandurang Valley Landscape Assessment to
respond to issues raised by the Panel as outlined above.
3. Adopt Greater Bendigo Planning Scheme Amendment C217.

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Planning for Growth

Ordinary Meeting - 29 June 2016

4. Forward the adopted Amendment and draft planning permit to the Minister for
Planning for Approval, together with the prescribed information pursuant to Section
31(1) of the Planning and Environment Act 1987.

PAGE 55

Planning for Growth

4.3

Ordinary Meeting - 29 June 2016

PLANNING SCHEME AMENDMENT C220 - LANSELL CREST


DEVELOPMENT PLAN OVERLAY TO CONSIDER AUTHORISATION
REQUEST

Document Information
Author

Kahlia Reid, Planner

Responsible
Director

Prue Mansfield, Director Planning & Development

Summary/Purpose
Amendment details:

The site at Lansell Street has been identified as a key


development site as part of the Residential Strategy. This
amendment will enable the first of the key development sites
to be developed in accordance with Councils strategy.
The planning scheme amendment proposes to modify
Schedule 16 to the Development Plan Overlay which applies
to 39-51 Lansell Street, East Bendigo.
A summary of the changes includes:
Introduce vision objective for the site;
Removal of cap on dwelling numbers (currently 65);
Acknowledge issue of Certificate of Audit;
Acknowledge work undertaken to record the heritage of
the site; and
Reformatting of schedule setup and separation of key
issues (i.e. urban design, access).

Proponent:

Blue Bondi Pty Ltd

Key issues:

The amendment has been prepared to:


Facilitate the development of the site in line with the
Citys strategic direction of urban consolidation.
Increase dwelling diversity.
Provide guidance around urban design and built form
outcomes.
Appropriately consider the interface of the site with
adjoining and nearby properties.

Recommendation:

Council requests the Minister for Planning to authorise


Amendment 220 to the Greater Bendigo Planning Scheme,
and when authorised, exhibit the Amendment.

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Planning for Growth

Ordinary Meeting - 29 June 2016

Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2015-2016 Update)
Planning for Growth
Housing options provide broader choice in order to meet current and future
community expectations and needs.
Productivity
Council fosters business and industry growth.
Sustainability
The built and natural qualities that make Greater Bendigo an attractive and appealing
place are valued and conserved.
Background Information
The key steps in the Amendment process are summarised below:

Amendment prepared

Council decides whether to seek


Ministerial Authorisation

We are at this
point

Public Exhibition of Amendment

Submissions received

Council requests an Independent


Panel to consider submissions

Panel Hearing held

Council decides to Adopt or


Abandon the Amendment

Send to Minister for Approval


and Gazettal

The amendment has arisen from a privately sponsored request. The amendment request
follows adoption of the City of Greater Bendigos Residential Strategy which seeks to
promote urban consolidation in appropriate locations.

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Planning for Growth

Ordinary Meeting - 29 June 2016

A request for approval of a Development Plan has also been received for the site. This
process will occur concurrently with the amendment process but does not form part of
this request for authorisation. Notification of the Development Plan will be required as per
Council policy.
Previous Council Decisions
Amendment C034 allowed for the rezoning of the subject site to Residential 1 (now
known as General Residential) and inclusion of a Development Plan Overlay.
The Council adopted the proposal on 27 October 2003 following a panel hearing.
Report
The Planning and Environment Act 1987 allows for a planning scheme amendment to be
initiated by a municipal Council, or a Council can respond to a request for an
Amendment by any person or body.
When requesting authorisation from the Minister for Planning, an Explanatory Report
must be submitted that discusses the purpose, effects and strategic justification for the
Amendment. Key issues identified in the Explanatory Report are summarised below.
Land affected by the Amendment
The amendment applies to 39-51 Lansell Street, East Bendigo (Lot 2 PS 434810S)

Figure 1: Application site and surrounding neighbourhood aerial

The site is an irregular shaped allotment located on the northern side of Lansell Street
and extending through to Lloyd Street.
The site was formally utilised and developed for Bendigo Abattoir and Country Roads
Board. All buildings which were constructed on the site have been demolished and
decontamination works have occurred.

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Planning for Growth

Ordinary Meeting - 29 June 2016

The site contains a frontage to Lansell Street of 99.76 metres, has a frontage to Lloyd
Street of 161.21 metres and a total area of 2.615 hectares.
The topography of the site is undulating and is significantly cleared, with the exception of
four trees.
Land adjoining to the east / south east is zoned Public Use Service and Utility and is
denoted by VicRoads Regional Office.
Land immediately to the west is zoned Public Use Education and Transport and is
denoted by Bendigo / Kangan TAFE.
Further to the west of the site is land zoned Special Use and Public Park and Recreation.
This land contains East Bendigo bowls club, swimming pool and hall.
Land to the north and south of the site is residentially zoned and contains a mixture of
residential development.

Figure 2: Zoning map of site and neighbourhood

What the Amendment does


The Amendment proposes to modify Schedule 16 (Lansell Crest Estate, Bendigo) to the
Development Plan Overlay.
The changes proposed to the Schedule 16 are summarised as follows:

Introduce vision objectives for the site.

Delete the cap on dwelling numbers (currently 65) and put in place appropriate
design principles.

Acknowledge issue of Certificate of Environmental Audit.

Acknowledge work undertaken to record the heritage of the site and include
requirements in relation to implementation of interpretation plan.

Update out of date requirement (i.e. star rating for energy efficiency).
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Planning for Growth

Ordinary Meeting - 29 June 2016

Expand on design requirements regarding built form and urban design to achieve
high quality outcome for the site.

Reformatting of schedule and separation of key issues.

The amendment has been requested to provide greater opportunity for residential
development on the site.
Social, Economic and Environmental Impacts
Social Impacts
The amendment will help facilitate high quality housing for a diverse demographic of the
community. The site is in close proximity and readily accessible to a range of commercial
and community facilitates including retail, educational uses and public transport.
The proposal will result in an increased traffic generation in the area, however a Traffic
Report to accompany the amendment states "traffic generated by the proposed
development can be accommodated on the surrounding road network and intersections
without an adverse impact and no mitigating works are required as a result."
The amendment will result in positive social impacts for the municipality.
Economic Impacts
The amendment will have a positive impact on the economy of the area by promoting
additional residential development in a serviced urban context. The advance of
residential development in the area will provide additional growth opportunity and
benefits for retail and other services
An economic impact assessment has been prepared to accompany this amendment
which further details the economic benefits of the proposal including generation of jobs
and improved housing choice which will create benefits for small households and attract
new residents.
Environmental Impacts
The extent of environment impacts from the proposed amendment is considered to be
negligible.
Four native trees are established on the site which would require removal. These are the
only natural features which would be impacted upon. The removal of these trees would
require an offset to protect Victorias biodiversity value.
There are no known environmental considerations that would impact the outcomes of the
amendment. If anything, the site will be improved through remediation works which have
been undertaken to decontaminate the land.
Strategic Justification Planning Context
The amendment is supported by the following clauses in the Greater Bendigo Planning
Scheme:
State Planning Policy Framework

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Planning for Growth

Ordinary Meeting - 29 June 2016

Clause 11.04-2 Housing Choice and Affordability the objective is to provide a


diversity in defined locations that cater for different households and are close to jobs
and services.
The amendment will provide for additional housing between of two to five bedrooms,
close to education, recreation and commercial services as well as public transport.

Clause 11.05 Regional Settlement Networks the objective is to promote the


sustainable growth and development of regional Victoria through a network of
settlements identified in the Regional Victoria Settlement Framework Plan.
Bendigo has been identified as a major regional city to which urban growth should be
directed. The amendment will facilitate urban growth by providing for additional
dwellings on a ready to be developed site.

Clause 11.12 Loddon Mallee South Regional Growth one of the objectives is to
manage population growth and settlement. A strategy of the clause is to facilitate
increased commercial and residential densities, mixed use development and
revitalisation projects for underutilised sites and land in Bendigo.
The amendment will facilitate increased residential densities on an underutilised
urban site.

Clause 13.03-1 Use of Contaminated and Potentially Contaminated Land the


objective is to ensure that potentially contaminated land is suitable for its intended
use and development, and that contaminated land is used safely.
The issue of contamination has been resolved through a Statement of Environmental
Audit and Certificate of Environmental Audit issued for the site.

Clause 15.01-3 Neighbourhood and Subdivision Design the objective is to


ensure the design of subdivisions achieves attractive, liveable, walkable, cyclable,
diverse and sustainable neighbourhoods.
The changes to Schedule 16 of the Development Plan Overlay will encourage the
design of development to be in a manner that achieves the above objective.

Clause 15.01-4 Design for Safety the objective is to improve community safety
and encourage neighbourhood design that makes people feel safe.
The amendment will facilitate the development of the site in a higher density manner,
improving passive surveillance over the public realm and providing the opportunity for
a connection between established residential areas.

Clause 15.03-1 Heritage Conservation the objective is to ensure the conservation


of places of heritage significance.
A Heritage Assessment of the site has been undertaken including an interpretation
plan. The Schedule requires the interpretation plan to be implemented.

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Planning for Growth

Ordinary Meeting - 29 June 2016

Clause 16.01-1 Integrated Housing the objective is to promote a housing market


that meets community needs.
The amendment will facilitate the development of the site for a residential purpose
which supports community needs.

Clause 16.01-2 Location of Residential Development the objective is to locate


new housing in or close to activity centres and employment corridors and at other
strategic redevelopment sites that offer good access to services and transport.
The amendment will facilitate additional residential development in an appropriately
serviced area with good access to services and transport.

Clause 16.01-4 Housing Diversity the objective is to provide for a range of


housing types to meet increasingly diverse needs.
The amendment will provide the opportunity for greater housing diversity to be
provided.

Clause 16.01-5 Housing Affordability the objective is to deliver more affordable


housing closer to jobs, transport and services.
The amendment will facilitate housing within proximity to the Bendigo CBD and close
to a bus route. The mix of housing which could be accommodated will provide for
some affordable housing.

Clause 18.01-1 Land Use and Transport Planning the objective is to create a
safe and sustainable transport system by integrating land-use and transport.
The amendment supports this objective as it will facilitate higher density development
to support existing public transport services including buses and trains.

Clause 18.02-2 Cycling the objective is to integrate planning for cycling with land
use and development planning and encourage as alternative modes of travel.
Schedule 16 to the Development Plan appropriately requires the inclusion of
pedestrian and cycling routes through the site.

Clause 19.03-2 Water Supply, Sewerage and Drainage the objective is to plan for
the provision of water supply, sewerage and drainage services that efficiently and
effectively meet State and community needs and protect the environment.
Relevant services will be provided to the site including, water, sewerage and
drainage.

Municipal Strategic Statement and Local Planning Policy Framework


Clause 21.02 Key Issues and Influences
The proposed amendment will contribute to facilitating the future housing needs of
the community. The site provides significant scope for a high quality residential
design / development to occur close to services and facilities.
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Planning for Growth

Ordinary Meeting - 29 June 2016

The site is not identified as being within a Neighbourhood Character Overlay or East
Bendigo Character Precinct and is of a size and location to effectively establish its
own character without adversely impacting on adjoining land uses and development.

Clause 21.05 Settlement


The amendment will further facilitate residential development within the urban growth
boundary, channelling development into designated growth areas.

Clause 21.06 Housing


The provision specifically encourages higher density development in potential infill
locations such as the former VicRoads site. The amendment proposes to implement
this aspect of the Municipal Strategic Statement by allowing for additional dwellings
on the site by removing the current cap on dwelling numbers.

Clause 21.09 Infrastructure


The proposed amendment will allow for higher density residential development close
to the Bendigo CBD and public transport facilities. The future development of the site
will also provide integration with existing infrastructure (i.e. walking and cycling
paths).

Consultation/Communication
The proponent has undertaken discussions with VicRoads, CFA, Coliban Water and with
internal departments of the City of Greater Bendigo prior to lodgement of documentation.
No major concerns were raised.
The documents will be publicly exhibited for a minimum of a month, as required under
the Planning and Environment Act 1987. The City must give notice of Amendments to all
owners and occupiers who may be materially affected by an Amendment, together with
prescribed Ministers and public authorities. The Amendment will also be exhibited in the
Government Gazette and the Bendigo Advertiser Newspaper.
Resource Implications
Officer time will be required to prepare the Amendment documentation for authorisation,
exhibition, manage the exhibition process and liaise with the Minister for Planning.
Additional officers time would be required in there are unresolved submissions following
exhibition and a Panel Hearing is required.
The proponent has agreed to pay for the statutory fees and extra costs incurred by the
City as per the Policy for Private Planning Scheme Amendments adopted by Council.
A planning permit will still be required in the future however it is considered this time is
negligible to the amendment as a permit would be required for the subdivision and
development of the site without these changes.

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Planning for Growth

Ordinary Meeting - 29 June 2016

Conclusion
The proposed amendment will support the strategic direction of the City by promoting
urban consolidation on an appropriately located site.
It is recommended that Council seek authorisation from the Minister for Planning to
prepare and exhibit the Amendment.
Options
Council has the option of:

Supporting the Amendment proposal and making a request to the Minister for
Planning to authorise preparation and exhibition of the Amendment.

Refusing the request to prepare an Amendment. Under the Planning and


Environment Act 1987 there is no right of review of a Council's decision not to support
preparation of an Amendment.

Attachments

Explanatory report
Proposed Development Plan schedule

RECOMMENDATION
That the Greater Bendigo City Council resolve to:
1. Request the Minister for Planning to authorise Council to prepare Amendment C220
to the Greater Bendigo Planning Scheme.
2. When Authorised by the Minister, exhibit Amendment C220 to the Greater Bendigo
Planning Scheme giving notification as required for the minimum statutory exhibition
period of one month.

PAGE 64

Planning for Growth

4.4

Ordinary Meeting - 29 June 2016

51 HANNANS ROAD, MANDURANG SOUTH 3551 - REFUSAL OF


DEVELOPMENT PLAN AND SUBDIVIDE LAND INTO 2 LOTS

Document Information
Author

Liz Commadeur, Subdivision Planner

Responsible
Director

Prue Mansfield, Director Planning & Development

Summary/Purpose
Application details:

The subdivision of land into two 1 hectare lots; one lot will
contain an existing dwelling, the other will be vacant.

Application No:

DS/121/2016

Applicant:

Shane Muir Consulting Engineers Pty Ltd

Land:

51 Hannans Road, MANDURANG SOUTH

Zoning:

Low Density Residential Zone

Overlays:

Bushfire Management Overlay


Development Plan Overlay 4 Density Management Areas

No. of objections:

There were no submissions.

Key considerations:

Central to an assessment of the application is the small size


of both proposed lots relative to the character of the area
where low density residential allotments predominate. The
proposed subdivision does not satisfy the requirements of the
Development Plan Overlay 4.

Conclusion:

This report recommends that Council oppose the approval of


a Development Plan on neighbourhood character grounds,
and that no permit be granted.

Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2015-2016 Update)
Planning for Growth
Housing options provide broader choice in order to meet current and future
community expectations and needs.
Productivity
Council fosters business and industry growth.

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Planning for Growth

Ordinary Meeting - 29 June 2016

Sustainability
The built and natural qualities that make Greater Bendigo an attractive and appealing
place are valued and conserved.
Report
Subject Site and Surrounds
The subject site is comprised of one parcel located on the southern side of Hannans
Road in Mandurang South. The site is rectangular in shape with an area of 2.34 hectares
and has a very slight slope to the north western end of the site. A dwelling and
associated outbuildings are located on the western end of the site. A dam is located in
the south western part of the site. Access to the site is via an existing gateway in the
north west corner of the site to Hannans Road. Secondary access is available from the
north east corner to Hannans Road. Hannans Road is a sealed rural road. A rural post
and wire fence delineates the site to the adjoining properties. Scattered native trees are
located along the Hannans Road and Queen Street road reserve frontages.
The site is described as Crown Allotment 1 Section 2, Township of Mandurang, Parish of
Mandurang.
Power and telecommunications are connected to the site. The site is reliant on water
tanks for potable water supply and a wastewater treatment system for the management
of wastewater.
The pattern of subdivision in the area is comprised of established low density residential
lots to the south, east and west. Land to the further west is zone for Rural Living
purposes. The Mandurang South recreation reserve is located to the north of the site.
The character of the area is defined by the semi-rural and bushland setting, particularly
due to the location of forested areas further to the north west and west.

PAGE 66

Planning for Growth

Ordinary Meeting - 29 June 2016

Figure 1: Location map showing subject site.

Proposal
This application seeks the approval of a development plan and subsequent issue of a
permit to subdivide the land into two low density residential lots.

The lots will each an area of 1.17 hectares.


Access to the lots will be from Hannans Road.
Lot 1 will contain the existing dwelling, while Lot 2 will be vacant.

Figure 2: Proposed plan of subdivision

Planning Controls - Greater Bendigo Planning Scheme


The site is in the Low Density Residential Zone (LDRZ) and is covered by the
Development Plan Overlay Schedule 4 (DPO4) and Bushfire Management Overlay
(BMO). A permit must not be granted to subdivide land, until a development plan has
been prepared to the satisfaction of the responsible authority. A permit is required to
subdivide land in the LDRZ and BMO.
The following provisions of the Greater Bendigo Planning Scheme are relevant to the
application:
State Planning Policy Framework:
Regional development (clause 11.05).
Sustainable development (clause 15.02).
Integrated transport (clause 18.01).
Movement networks (clause 18.02).
Municipal Strategic Statement:
Municipal profile (clause 21.01).
Key issues and influences (clause 21.02).
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Planning for Growth

Ordinary Meeting - 29 June 2016

Vision - strategic framework (clause 21.03).


Strategic directions (clause 21.04).
Settlement (clause 21.05).
Housing (clause 21.06).
Environment (clause 21.08).
Infrastructure (clause 21.09).
Reference documents (clause 21.10).

Local Planning Policies:


Salinity and erosion risk policy (clause 22.04).
Other relevant provisions:
Low Density Residential Zone (clause 32.03).
Development Plan Overlay (clause 43.04).
Bushfire Management Overlay (clause 44.06)
Decision guidelines (clause 65).
Referral and notice provisions (clause 66).
Consultation/Communication
Referrals
The following authorities and internal departments have been consulted on the proposal:
Referral

Comment

Country Fire Authority

No objection subject to conditions

Traffic & Design

No objection subject to conditions

Drainage

No objection subject to conditions

Public Notification
The application was informally advertised by way of notice on the site and letters to
adjoining and nearby owners and occupiers. As a result of advertising, no submissions
were received.
Planning Assessment
Development Plan Overlay Schedule 4
The DPO4 requires that lots in this area are to be at least two hectares in area. The
proposal is to subdivide the land into lots of only one hectare in area. Lots under the
minimum lot size of two hectares may be approved following consideration of the three
matters discussed below.
Will the subdivision be compatible with the general character of the area?

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Planning for Growth

Ordinary Meeting - 29 June 2016

Hannans Road is comprised of lots that range in area from 0.51 to 2.65 hectares in a
bushland and semi-rural character setting. The site is situated between Queen Street to
the east and Hunts Gap Road to the west. A planning application for a five lot
subdivision, which abuts the site to the west, is currently being assessed by the Planning
Department. These proposed lots will each have an area in excess of two hectares.
In the context of the wider neighbourhood, the lots range between 0.9 to 4.5 hectares. In
similar terms to Hannans Road, properties are characterised by larger lots with large
gardens, particularly along Mandurang South Road and Queen Street.
According to the original parish plan, the site is included in the Township of Mandurang
and the size of the crown allotments varied from 0.2 hectare to 10 hectares (see Figure
3). These smaller parcels generally form part of slightly larger landholdings, such as the
recreation reserve opposite the site on the northern side of Hannans Lane. There are
smaller lots in the area, approved under some planning permits issued in excess of 15
years ago. One example is the re-alignment of three boundaries located immediately
east of Queen Street. This was approved because it was the re-subdivision of existing
lots and no new lot was created. Research into older files failed to identify the reason for
approving smaller lots whilst being located in an area with a two hectare minimum.
The proposal fails to meets the fundamental requirements of maintaining and
strengthening the semi-rural qualities of the area. The proposed lots, being just in excess
of 1 hectare, are 50% of the area desired by the DPO. The subject site is already 2.34
hectares in area, which fits well with the rest of the precinct. It is difficult to imagine how
any new dwelling on Lot 2 could strengthen the sites semi-rural setting given the modest
size of the lots.
Although the land is zoned for low density residential purposes, its distance of
approximately 10 km from Bendigo has influenced a pattern of development more suited
to rural living type activities, including the keeping of horses. It is important that these
existing activities are encouraged in a specified area, thus reducing the problem of
conflicting interests with dwellings constructed on smaller lots.
The intent of the DPO4 is to maintain the semi-rural and bushland qualities of the area,
by managing the density of future development on generous sized lots. It is imperative
that Council supports areas designated with specific minimum lot sizes under the DPO4,
to protect the future integrity of the area. It may be argued that the eastern end of the site
(proposed Lot 2) is devoid of vegetation and there is ample space for a dwelling and
associated outbuilding. However, in reality, setting a precedent for smaller lots and
subsequent development on these lots in the area would negatively impact on the
existing unique character.

PAGE 69

Planning for Growth

Ordinary Meeting - 29 June 2016

Figure 3: Location of site shown in the original Township of Mandurang in the Parish of Mandurang

PAGE 70

Planning for Growth

Ordinary Meeting - 29 June 2016

Figure 4: Location of site in the Mandurang LDRZ precinct 11

Can the lots be appropriately serviced?


Power and telecommunication services are able to be connected to the site. The existing
dwelling is reliant on a septic tank system for the management of wastewater. The
application was referred to the Citys Environmental Health Officer regarding the
retention of wastewater within the boundaries of the proposed lots. The EHO concurred
with the conclusion stated in the submitted Land Capability Assessment that both
proposed lots were capable of retaining wastewater within the lot boundaries. Water
tanks are used for the collection of potable water.
Can remnant vegetation be retained?
There is very little native vegetation located on the site. There is no native vegetation
proposed to be removed as part of this application.

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Planning for Growth

Ordinary Meeting - 29 June 2016

In conclusion, the proposed subdivision is not in keeping with this neighbourhood


character for the following reasons:

Both lots are about half the area desired by the DPO4.
The neighbourhood has developed a strong sense of place due to the nature of the
bushland and semi-rural landscape character. The creation of smaller lots would
undermine this existing character.
The subdivision will set a poor precedent that would undermine the intent of the
DPO4.

Permit Application
As stated earlier, a development plan must be approved prior to the issue of a planning
permit. The assessment of the application for the approval of a permit in a LDRZ area is
very similar to that of the development plan. Issues of neighbourhood character have
been addressed earlier in the report. It is noted that there is no reason to believe that
amenity issues would be raised by the proposed subdivision, mainly due to the
separation by stands of native vegetation.
The proposed subdivision would undoubtedly create lots that are far removed from the
intent of the DPO4, and subsequently not meet the requirements of the LDRZ, in
particular the protection and enhancement of the natural environment and character of
the area (clause 32.03-6).
Bushfire Management Overlay (BMO)
The site is affected by the BMO, due to its close proximity to forested areas. The
application was referred to the Country Fire Authority, who had no objection, subject to
the inclusion of standard conditions should a permit be issued.
Conclusion
Based on the assessment of the character of the low density residential area, the area of
both lots do not meet the meet the minimum lot size of two hectares and subsequently
does not accord with the existing or desired neighbourhood character in the manner
required by the Development Plan Overlay 4.
Options
Council, acting as the responsible authority for administering the Planning Scheme, may
resolve to: approve a development plan prior to the issue of a planning permit with
conditions or refuse a development plan prior to the issue of a refusal to grant a planning
permit.

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RECOMMENDATION
Pursuant to Section 61 of the Planning and Environment Act 1987, Greater Bendigo City
Council resolves the following with respect to the land at 51 Hannans Road, Mandurang
South 3551:
1. To refuse to grant approval for the submitted development plan. The proposed
development plan does not satisfy the requirements of Schedule 4 to the
Development Plan Overlay because:
1.1 The lot sizes shown on the plan do not accord with the preferred 2 hectare
minimum lot size specified for the Mandurang South area.
2. To refuse to grant a permit allowing the subdivision of the land into two lots for the
following reasons:
2.1 A permit cannot be granted in the absence of an approved development plan.
2.2 The proposed lot sizes are incompatible with the existing character of the area.

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4.5

Ordinary Meeting - 29 June 2016

LOT A AND CA 8 SAWMILL ROAD, HUNTLY - THE STAGED


SUBDIVISION OF THE LAND INTO 57 LOTS (49 HOUSE LOTS AND 8
SUPERLOTS) AND THE REMOVAL OF NATIVE VEGETATION

Document Information
Author

Stephen Wainwright, Planning Coordinator

Responsible
Director

Prue Mansfield, Director Planning & Development

Summary/Purpose
Application details:

The staged subdivision of the land into 57 lots (49 house lots
and 8 superlots) and the removal of native vegetation.

Application No:

DS/656/2014

Applicant:

Spiire Australia Pty Ltd

Land:

Lot A and CA 8 Sawmill Road, HUNTLY

Zoning:

General Residential Zone

Overlays:

Development Plan Overlay 25

No. of objections:

Key considerations:

This permit application involves land in the Huntly New


Development Area, where the Viewpoint housing estate is
situated. A new group of developers have plans for the second
phase of Viewpoint which will be re-branded with the name
Hermitage West. The application seeks approval for the first
stage of Hermitage West.
While the form and layout of the subdivision is broadly
acceptable, there are certain issues of detail that the applicant
has been unable or unwilling to resolve.
It has been almost two years since the application was lodged.
The applicant has been unresponsive to recent efforts to
address the issues and the application has been languishing
on hold. It is possible that the Hermitage West project has
been abandoned.

Conclusion:

In the absence of any progress being made towards resolving


the outstanding issues, it is recommended that the application
be decided on without further delay and that no permit be
granted.

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Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2015-2016 Update)
Planning for Growth
Housing options provide broader choice in order to meet current and future
community expectations and needs.
Productivity
Council fosters business and industry growth.
Sustainability
The built and natural qualities that make Greater Bendigo an attractive and appealing
place are valued and conserved.
Report
Subject Site and Surrounds
The subject land consists of two land parcels: Lot 4 on Title Plan 340637P and Lot E on
Plan of Subdivision 701830Y.
The subject land forms part of the planned residential estate known as Viewpoint Huntly
which is being progressively developed in stages. Waratah Road will be extended
eastwards to cater for the estate. The subject land includes a section of the Waratah
Road extension and covers a total area of 7.89ha. The subject land is currently vacant.

Figure 1: The boundaries of the subject land (Waratah Road round-about can be seen to the
left)

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Figure 2: The location of the subject land

Proposal
It is proposed to subdivide the subject land into 57 lots, of which 49 will be lots for single
dwellings and 8 will be superlots ear-marked for future medium density housing. The lots
in the subdivision will be fully serviced.
The single dwelling lots will range in size from 300m2 to 572m2, while the superlots will
be as large as 7,269m2.
The subdivision will include the extension of Waratah Road, as well as a local street
network arranged in a roughly grid-like pattern.
Approval is sought to remove two large trees as part of the subdivision.
The lots will be subject to an Owners Corporation for the maintenance of the reserves
within the subdivision.

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Figure 3: The proposed subdivision

Planning Controls - Greater Bendigo Planning Scheme


The subject land is zoned General Residential (GRZ) and it is affected by the
Development Plan Overlay Schedule 25 (DPO25). The provisions that give rise to the
need for a permit are:

Clause 32.08-2 to subdivide the land


Clause 52.16-3 to remove native vegetation.

There is an approved development plan that covers the subject land. Under DPO25 a
permit granted must be generally in accordance with this development plan.
Other relevant planning scheme provisions are:
State planning policy framework
Clause 10.02 Goal (objectives of planning in Victoria)
Clause 10.04 Integrated decision making
Clause 11.05 Regional development
Clause 11.02 Loddon Mallee South regional growth
Clause 15.01 Urban environment
Clause 15.02 Sustainable development
Clause 16.01 Residential development
Clause 19.03 Development infrastructure
Local planning policy framework
Clause 22 Municipal strategic statement
Clause 22.04 Salinity and erosion risk policy

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Other provisions
Clause 32.08 General residential zone
Clause 43.04 Development plan overlay
Clause 52.16 Native vegetation precinct plan
Clause 56 Residential subdivision
Clause 65 Decision guidelines
Clause 66 Referral and notice provisions.
Consultation/Communication
Referrals
The following authorities and internal departments were consulted on the proposal:
Referral

Comment

Coliban Water

No objection subject to conditions

Powercor

No objection subject to conditions

AusNet Services

No objection subject to conditions

Country Fire Authority

No objection subject to conditions

VicRoads

No objection subject to conditions

Department of Environment, Land, Water & No objection subject to conditions


Planning
Public Transport Victoria

No objection subject to conditions

Development Engineer (internal)

No objection subject to conditions

Public Notification
The application is exempt from third party rights of objection and review pursuant to the
DPO4. Public notice of the application was not given. Even so, a neighbouring property
owner became aware of the application and lodged an objection on the following
grounds:

Stormwater run-off from the subdivision to Sawmill Road and a nearby water race;
The blocking of access to the objectors property as a result of the subdivision.

Planning Assessment
Background
Before assessing the planning merits of the proposal it is useful to explain some
background.

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In 2012 a development plan was approved for a 110ha site within the Huntly New
Development Area (NDA). The development plan provides for the subdivision of the site
into an 815 lot housing estate. The subdivision will occur in stages. The current permit
application broadly corresponds with one of those stages.
The development plan was prepared by the property development company, Integra
Group. Integra has finished the first few stages of the estate, which has been marketed
as Viewpoint Huntly.
A consortium of other parties, led by Project Management Australia (PMA), proposes to
buy the remaining share of Viewpoint Huntly from Integra and complete the estate under
the re-branded name Hermitage West.
PMA has a history in the Huntly NDA. It was the proponent of an ambitious residential
development known as Hermitage East, involving residentially zoned land to the east of
Viewpoint Huntly. A development plan was approved for Hermitage East in 2014.
Hermitage East was controversial because it relied on a land banking scheme for
financing purposes. The project is currently being liquidated following action by the
Australian Securities and Investment Commission (ASIC).
Upon approval of Hermitage East, PMA subsequently focussed its attention upon
Hermitage West (the name PMA has given to the remaining stages of Viewpoint Huntly).
In 2014 PMA engaged the town planning firm Spiire to obtain a planning permit for the
first stage of Hermitage West. The resulting permit application lodged by Spiire is the
subject of this report.
Despite initial enthusiasm for Hermitage West, PMA has lately been difficult to contact
and obtain instructions from. It is unclear whether PMA still wants the permit application
to proceed. In the absence of proper instructions, Spiire will not withdraw the application;
so Council is obliged to decide on the application.
For the reasons that will be explained later in this report, a permit ought not to be granted
for the proposed development. There are deficiencies with the application. The issues
are not insurmountable but PMA has been unwilling or unable to adequately address
them. Close to two years has now elapsed since the permit application was lodged. It is
now time to bring the application to a conclusion.
The main issue
The main obstacle to a permit being granted concerns the implementation of a
Development Contributions Plan (DCP).
The City has prepared a DCP for the Huntly NDA. Under the DCP land owners will be
required to make a contribution to certain local infrastructure when they subdivide their
land. It is intended that the DCP will be included into the Planning Scheme via an
amendment. Until such time as the Planning Scheme is amended, the DCP can only be
implemented by voluntary agreement with each land owner. Section 173 of the Planning
and Environment Act provides for such agreements.
There are two problems preventing the progress of a DCP Agreement in this case.
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First, PMA has not settled payment for preparing and executing a DCP Agreement. The
Citys lawyers are ready to prepare a DCP Agreement on behalf of PMA but, on
instructions, are awaiting up-front payment before starting work. Given PMAs uncertain
financial position and its involvement in the failed Hermitage East project, the City could
easily find itself out-of-pocket if it invoiced PMA after the work was completed.
Second, PMA is not the owner of the subject land; the land is owned by Integra and W T
& N W Gooding. It remains to be seen whether the actual land owners will sign a DCP
Agreement.
A DCP Agreement in this case should be executed before a permit is granted. This is
because agreements are voluntary instruments and should not be imposed as a permit
condition lest the applicant be inclined to challenge the validity of the condition. So, until
such time as the above problems are resolved it would not be prudent to approve the
proposed subdivision.
PMA has been given ample time to address these issues but has made no meaningful
progress towards doing so.
Other issues
The application is deficient in terms of the boundaries of the subdivision. The lots will be
created from the subdivision of two existing land parcels; together they comprise the
subject land. The subject land covers an area that is larger than the area actually shown
on the proposed subdivision plan. In point of fact, the proposed subdivision will create 57
house lots plus a balance lot encompassing the remainder of the subject land. The
balance lot is not accounted for by the proposal. This issue needs to be addressed.
One curious aspect of the proposal is the plan to create an Owners Corporation.
Ordinarily an Owners Corporation would only be necessary to manage common property
such as driveways and car parking areas that are in communal ownership. In this case,
PMA wants future residents to have some on-going financial responsibility for the Council
roads and public spaces within the subdivision. As PMAs town planning report explains
the Owners Corporation will have the ability to provide for higher levels of maintenance
of these public areas at the cost of the Owners Corporation. This is quite an unusual
approach and PMA has provided few details about how it might work in practice. In the
absence of such details one cannot be certain of what burden the Owners Corporation
may impose on the City in relation to the future public assets within the subdivision.
The development plan
Notwithstanding the issues identified above, the proposed subdivision will be generally
consistent with the development plan that has been approved for the area. The
subdivision will be centred upon the extension of Waratah Road, as shown on the
development plan, and will incorporate a grid-like pattern of local streets. The subdivision
will facilitate housing development at a mix of densities which is an aim of the
development plan.

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Clause 56 residential subdivision


Assessment against the Standards

Standard C1: Strategic implementation


The Huntly Township Plan is the key strategic plan relevant to the application. The
plan envisages Huntly as a new development area that will support population
growth. According to the plan, the subject land is suitable for residential development
in the short to medium term (the land is shown as forming stage 1 of the preferred
development sequence for the Huntly township). The subject land is not identified in
the plan as having any particular development constraints.
The subdivision will be consistent with the Huntly Township Plan and the broader
strategies contained in the Municipal Strategic Statement and the State Planning
Policy Framework. The subdivision will help to support the continued growth of
Bendigo within the boundaries of an established urban area. The subject land is
zoned for residential purposes and has access to a water supply and sewerage
services. The conventional layout of the subdivision will integrate with the existing
neighbourhood.

Standard C5: Built environment


The subdivision will result in a conventional housing typology. The simple subdivision
layout will be integrated with the surrounding street network. Overall, the subdivision
will offer future residents a functional and safe environment and will contribute
positively to the future character of the area.

Standard C7: Lot diversity and distribution


The broader Huntly township includes shops, a school, public transport and
community facilities. Local strip shopping is located on Midland Highway. The lots will
be within street walking distance of a bus route connecting the site to Midland
Highway.
The subdivision will yield a conventional suburban density. The lots will accommodate
a good mix of single dwellings and medium density housing. The proposed density
will be appropriate in the context of the locational advantages of the subject land. It
will support a more compact neighbourhood whereby future residents will have good
access to the services within the Huntly township, including public transport.

Standard C8: Lot area and building envelopes


Almost all the lots in the subdivision will be rectangular in shape. The lots will
predominately have frontage widths of between 10m and 15m and will be between
300m2 and 572m2 in area. None of the lots will be constrained by unusual site
conditions such as steep topography or vegetation. The geometry of the lots will be
suitable to accommodate conventional suburban housing with space for backyards,
car parking and gardens.

Standard C9: Solar orientation


The lot layout will broadly follow an east-west alignment which will ensure good solar
access may be obtained.

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Standard C10: Street orientation


The lots will be arranged in a way that is conducive to the visibility and surveillance of
the public realm.

Standard C11: Common area


The subdivision will not feature any common areas.

Standard C12: Integrated urban landscape


Streetscape landscaping will be carried out within the road reserves created by the
subdivision.

Standard C13: Public open space provision


The subdivision will result in the need for more public open space. It is therefore
appropriate that the developer make a public open space contribution. The plan
shows two small public reserves. Neither is suitable as usable open space. A
monetary contribution towards open space is favoured instead. The contribution
should amount to 5% of the site value of all the land in the subdivision.

Standard C15: Walking and cycling network


Waratah Road will provide a direct and safe route for pedestrians and cyclists to
travel between the subdivision and the local activity centre located on Midland
Highway.

Standard C17: Neighbourhood street network


The proposed street network will align with the network shown in the approved
development plan. An extension of Waratah Road will provide an important link
between Midland Highway and the balance of the Huntly NDA.

Standard C18: Walking and cycling network detail


The footpaths proposed for the local streets and along Waratah Road will be
constructed to standards set out in the Citys Infrastructure Design Manual.

Standard C19: Public transport network detail


Waratah Road will be constructed to the standards set by Public Transport Victoria
(PTV) such that it will be suitable as a bus route. Bus stops will be installed along
Waratah Road in locations determined by PTV.

Standard C20: Neighbourhood street network detail


The local streets proposed to form part of the subdivision will provide an appropriate
low-speed environment will still allowing convenient traffic movement. The design of
the streets will comply with the Citys Infrastructure Design Manual (IDM).

Standard C21: Lot access


Each lot owner will be responsible for constructing a crossover to their lot. Crossovers
will be constructed to the standards set out in the IDM. The works will be regulated by
a works in the road reserve approval process.

Standard C22: Drinking water supply


Reticulated drinking water will be supplied to the lots in the subdivision in accordance
with the conditions contained in Coliban Waters referral response.

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Standard C23: Reused and recycled water


A reused or recycled water supply system is not available in the area.

Standard C24: Waste water management


The lots in the subdivision will be connected to a reticulated waste water system in
accordance with the conditions contained in Coliban Waters referral response.

Standard C25: Urban run-off management


The Citys development engineer reviewed the application and was satisfied that
stormwater run-off associated with the subdivision will be properly managed.

Standard C26: Site management


Works associated with the subdivision will be relatively straight-forward. It is not
expected that the works will have a significant impact on the environment or the
amenity of the area. The preparation of a site management plan is not necessary in
this instance.

Standard C27: Shared trenching


It is expected that shared underground trenching will be used to provide reticulated
services to the lots in the subdivision.

Standard C28: Electricity, telecommunications and gas


Electricity, telecommunications and gas services will be provided for the lots in the
subdivision. The supply systems for these services will be designed in accordance
with the requirements of the relevant public utility. The mandatory
telecommunications conditions in clause 66.01-1 will be included on the permit.

Standard C29: Fire hydrants


Fire hydrants will be provided for the subdivision in accordance with the conditions
contained in the CFAs referral response.

Standard C30: Public lighting


Public lighting will be installed in the new local streets and along Waratah Road.

Conclusion to clause 56 assessment


The subdivision will be consistent with the Citys vision for the Huntly NDA. The lots
created by the subdivision will be fully serviced and will gain safe vehicular access via an
extension of Waratah Road. Stormwater run-off from the lots will be properly managed.
The subdivision will be an appropriate response to the site conditions and will meet the
objectives of clause 56.
Conclusion
While the proposed subdivision will be generally consistent with the development plan
approved for the area, there are deficiencies with the application that argue against
granting a permit. These issues are capable of being resolved. However, the proponent
of the development has not made a genuine effort to do so. It is possible that the
Hermitage West project has simply been abandoned.

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

Objection

RECOMMENDATION
Pursuant to section 61 of the Planning and Environment Act, Greater Bendigo City
Council resolve to refuse to grant a permit for the staged subdivision of Lot A and CA 8
Sawmill Road, Huntly, into 57 lots and the removal of native vegetation, for the following
reasons:
1.

The subdivision will make inadequate provision for the public infrastructure
identified in the Huntly Development Contributions Plan dated 10 February 2015.

2.

The subdivision will create a balance lot that has not been properly accounted for.

3.

The Owners Corporation that will apply to the subdivision may have a detrimental
impact on the Citys management of the roads and other public spaces within the
subdivision.

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4.6

Ordinary Meeting - 29 June 2016

ALL THINGS CONSIDERED EXPLORING OPTIONS FOR VICTORIA'S


30 YEAR INFRASTRUCTURE STRATEGY - SUBMISSION BY THE
CITY OF GREATER BENDIGO

Document Information
Author

Bridget Maplestone, Strategic Planner

Responsible
Director

Prue Mansfield, Director Planning and Development

Summary/Purpose
This report provides a copy of the City of Greater Bendigo submission into Infrastructure
Victorias All Things Considered paper exploring options for Victorias 30-year
infrastructure strategy and seeks endorsement of that submission. The options paper
was released on 18 May 2016 and required submissions to be forwarded to
Infrastructure Victoria by 17 June 2016. The short consultation period did not allow for a
submission to be prepared in time to be placed on an earlier Council agenda. The
development of the submission has been informed by input from relevant City staff.
The submission supports the preparation of a 30-year infrastructure strategy for Victoria.
The options paper outlines a series of over 200 options or projects in relation to the
provision of infrastructure across the state. The submission responds to the most
relevant of these based on adopted policies and consistency with the work Council is
undertaking. It also sets out where it sees gaps in the current series of options as they
relate to Greater Bendigo.
Policy Context
Council Plan Reference:
Leadership and Good Governance Strategy 1.3 Contribute to policy and strategy
development being led by government and other agencies
Background Information
On the 18 May 2016 Infrastructure Victoria released All things considered as an
important step in developing a 30-year infrastructure strategy for Victoria. At the same
time it has provided a full description and preliminary assessment of each option. At this
stage only options are provided with no recommendations. Infrastructure Victoria has
called for submissions into the paper including the current list of options, as well as any
which are not currently included but should be.
The options have been grouped into 19 chapters within the All things considered options
paper. These include:
Address infrastructure demands in areas with high population growth;
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Address infrastructure challenges in areas with low or negative growth;


Respond to increasing pressure on health care particularly due to ageing;
Enable physical activity and participation;
Provide spaces where communities can come together;
Improve accessibility for people with mobility challenges;
Provide better access to housing for the most vulnerable Victorians;
Address expanded demand on the justice system;
Provide access to high-quality education infrastructure to support lifelong learning;
Meet growing demand for access to economic activity in central Melbourne;
Improve access to middle and outer metropolitan major employment centres;
Improve access to jobs and services for people in regional and rural areas;
Improve the efficiency of freight supply chains;
Manage threats to water security, particularly in regional and rural areas;
Manage pressures on landfill and waste recovery facilities;
Help preserve natural environments and minimise biodiversity loss;
Improve health of waterways and coastal areas;
Transition to lower carbon supply and use; and
Improve the resilience of critical infrastructure.

A submission (attached) was drafted with input from relevant CoGB staff and responds to
the most relevant options for Council, following review of both the All Things Considered
options paper combined with the draft options book.
Report
The City of Greater Bendigo submission supports the preparation of a 30-year
infrastructure strategy for Victoria and appreciates the opportunity to contribute views
and ideas early in the process.
Overall while a number of options could be deemed positive the City considers there
should be a stronger focus on the provision of infrastructure in regional cities to drive
investment, population increases and to retain knowledge to relieve some of the
pressure on Melbourne. Currently the paper groups all local governments as if they are
a single entity but the capacity and focus of infrastructure delivery varies widely
depending on the municipality and this needs to be considered.
The City submission outlines that the focus should be on infrastructure projects which will
enhance the liveability and wellbeing of the population consistent with Councils vision.
While there are already a huge array of options provided, the submission outlines some
currently omitted projects which are important to the future sustainable and economic
growth of the city. These include:
Bendigo Metro Rail project;
More climate change mitigation measures;
Education, training and employment opportunities;
Heritage;
Infrastructure capacity assessment (ensuring existing infrastructure can copy with
larger development); and
Water management.
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Priority/Importance:
The final outcomes of this process are important as it will establish an infrastructure
strategy for Victoria over a 30-year period which may have significant implications for
Greater Bendigo.
Options/Alternatives:
The Council has the option of endorsing the submission or amending it.
Timelines:
A draft strategy will be released later in the year with the final strategy due to be
delivered by the end of 2016.
Consultation/Communication
Internal consultation from staff with particular interests and responsibility related to future
planning.
Conclusion
The release of a 30-year infrastructure strategy for Victoria, while positive, could have
significant impacts for Greater Bendigo depending on infrastructure priorities. It is
important for Council to remain involved in the discussion throughout the development of
this strategy.
Resource Implications
Not applicable.
Attachments
1.

The City of Greater Bendigo submission to the All Things Considered Exploring
options for Victorias 30-year infrastructure strategy.

RECOMMENDATION
That the Greater Bendigo City Council resolve to endorse the submission to the All
Things Considered Exploring options for Victorias 30-year infrastructure strategy.

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4.7

Ordinary Meeting - 29 June 2016

DRAFT ENVIRONMENT STRATEGY

Document Information
Author

Robyn Major, Manager Sustainable Environment

Responsible
Director

Darren Fuzzard, Director, Presentation and Assets

Summary/Purpose
Seek approval to release the Draft Environment Strategy for public comment for a period
of four weeks.
Policy Context
Council Plan Reference:
City of Greater Bendigo Council Plan 2013-2017 (2015-2016 Update):
Theme: 1

Leadership and Good Governance

Strategic Objective 1

Council demonstrates leadership in its decisions to meet


future needs and challenges.

Theme 2

Planning for Growth

Strategic Objective 2

Greater Bendigo residents, businesses, and communities


are connected with accessible transport options.

Strategic Objective 3

Planning ensures residents have access to diverse,


affordable and sustainable housing choices.

Theme 3

Presentation and Vibrancy

Strategy 3.1.4

Continue improvements to irrigation systems and water


management processes in parks and natural reserves.

Theme: 4

Productivity

Strategy 4.1

Greater Bendigo has a vibrant and diverse economy that


grows jobs and enables good living standards.

Strategy 4.2

Bendigo is a centre for innovation and creativity that helps


build economic sustainability.

Theme: 5

Sustainability

Strategy 5.1.2

Develop a new Greater Bendigo Environmental


Sustainability Strategy.

Strategy 5.4

Enable community members to reduce their environmental


footprint by using resources, materials and assets more
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wisely.
Regional Plan Reference:
Loddon Mallee Regional Strategic Plan (2015-2018):
Strategic Direction: 1

Foster our comparative advantages in agriculture, food


processing and other regionally significant industries.

Priority area 1.4

Stimulate local industry to maintain and create


employment.

Priority area 1.6

Increase renewable energy generation and energy


efficiency.

Strategic Direction: 3

Enhance the wellbeing and economic participation of


our people.

Priority area 3.5

Support initiatives that encourage full employment.

Strategic Direction: 4

Protect and enhance the liveability and appeal of our


Region.

Priority area 4.5

Adopt smart solutions to the management of waste and


natural resources.

Background Information
The City of Greater Bendigos third environment strategy titled Natural Environment
Strategy 2007-2010 was very successful. The strategy attracted approximately
$6,400,000 to the region including the Lighting the Regions project ($5.25M) and of the
53 actions, only 3 were not progressed at all, primarily due to lack of clarity of intended
outcome from the action.
While the policy directions within the Natural Environment Strategy have stood the test of
time and are still relevant, those actions that could be undertaken have been completed,
many of which are now embedded within the organisation as business as usual. The
City recognised that it was time to develop its fourth strategy with new and exciting
directions leading to improved environmental sustainability for Greater Bendigo.
The project plan for the new strategy was developed in late 2014 and a budget allocation
requested for 2015/2016. The budget allocation was to support the engagement
activities and the layout and design of the document. The majority of the work was to be
undertaken by Sustainable Environment Unit staff.
The Sustainable Environment Advisory Committee (SEAC) took on oversight of the
strategy development.
Report
Work commenced in-house to develop the strategy in early 2015. The engagement plan
and communication collateral was developed and community engagement commenced
in June 2015 with the launch of the project.

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The initial three community forums (June to August) were aimed at building knowledge
and dialogue about specific issues; living and working sustainably, biodiversity, planning
and development and renewable energy. Each of these interesting forums where well
attended and community engaged in discussion with expert panel (forums video
recorded and posted on-line).
As a draw card, Costa Georgiadis was invited to inspire and encourage participants at an
all-day workshop to contribute ideas to help set Greater Bendigos Environmental and
Sustainability directions for the next 20 years. Several City staff and SEAC members
supported by experts including Dja Dja Wurrung Group, Coliban Water, DELWP,
NCCMA, Parks Victoria, e+ Architecture and Bendigo Sustainability Group facilitated a
number of table discussions. This discussion resulted in approximately 800 suggestions
from the 80 participants.
In addition, Costa ran an event at the Botanical Gardens on the Friday before the
workshop with five year 6 students from the eight schools. Education session were run
at each school prior to the day at which the students were asked to develop a mural
depicting what they want the environment to look like in 20 years. Each school told their
story to Costa who expertly built on the stories to encourage the kids. The most
compelling message that Costa had for the kids is It is up to you to do the work, dont
stand back and wait for someone else to do it.
People contributed comments at a number of listening posts held in partnership with the
Citys Strategy Unit, and at a number of community events such as Sustainable House
Day and Sustainability Fair. The information gathered to this point was then collated to
support the writing of a consultation paper for further targeted engagement.
Due to a number of staff vacancies in the Sustainable Environment Unit, RMCG was
engaged at this point to develop the consultation paper and to work with staff to develop
the draft Strategy. A further phase of consultation including Councillors, City staff,
Traditional Owner Groups and business contributed to shaping the consultation paper to
the current Draft Environment Strategy.
The draft Greater Bendigo Environment Strategy sets a 20-year vision for our
municipality, recognising that many of the challenges and opportunities in environmental
sustainability need continuous action.
To ensure we achieve the 20-year vision, the strategy covers ten long-term action areas,
which are based on the ten guiding principles of One Planet Living, adapted to our local
context. The draft strategy also identifies three flagship projects for Council to drive over
the next five years.
The flagship projects chosen for this strategy address many action areas and have
multiple benefits for our city and rural communities. In committing to these flagship
projects, Council also recognises that nothing is more certain than change and the
strategy will need to evolve in response to changes and opportunities that may arise over
the next five years. In this respect, the strategy can be viewed as a working document
one that will guide Council effort, but also allow flexibility to respond to changes and
make the most of opportunities. For this reason the strategy does not contain detail

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about the implementation of the actions; instead these will be documented in the Citys
annual action plans (refer to Attachment 2).
SEAC members considered that it was important for the strategic goals within the
strategy to be applicable to all the people of Greater Bendigo and that some ideas on
how as individuals we can contribute should be included. This is reflected in the two
sections under What Council will do and What community can do.
Whilst the Environment Strategy will be a stand-alone document, it is integrated into a
suite of high-level strategies that are shaping Greater Bendigo. The Environment
Strategy will align with and influence these strategies, including Connecting Greater
Bendigo (ITLUS), the Economic Development Strategy, the Municipal Public Health and
Wellbeing Plan, Greater Bendigo Public Space Plan and the Residential Strategy.
Priority/Importance
To achieve our goal of becoming the most liveable regional city, the City and broader
community will need social, economic and environmental sustainability to underpin how
we live and work.
Council has a Municipal Public Health and Wellbeing plan, a recently adopted Economic
Development Strategy and multiple other strategies driving improved wellbeing and
economic outcomes. This draft strategy provides the necessary drivers to contribute to
achieving the environmental outcomes that the community aspires to and needs; clean
air and water and a healthy natural environment.
Consultation/Communication
SEAC members have contributed content, provided a huge amount of time energy and
skill to the consultation effort, influenced the structure (One Planet 10 principles), and
provided comment on a number of versions of the draft strategy. Their combined efforts
and feedback have been valued and appreciated.
External Consultation
The consultation period commenced June 2015.

Five community forums:


Forum 1 - Our Place our Environment attended by 85 people
Forum 2 - Growth, Development and Biodiversity attended by 40 people
Forum 3 - RePower - considering renewable energy attended by 30 people
Forum 4 - Schools Day attended by children from 8 local primary schools, at
Botanical Garden attended by 70 people
Forum 5 - Community Discussion with Costa Georgiadis (25 October) -Workshop
at the Capital Theatre attended by 80 people

Bendigo Youth Council event 10 members attended

Listening posts 6

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Community event attended 4

Written submissions 5

4 meetings with special interest groups

36 local organisations participated in the consultation

Web page, Twitter, Facebook

Radio interviews, newspaper articles and advertisement

Information brochures, event postcards

Internal Consultation

Attended 9 Business Unit meetings approximately 70 staff

Offered 2 staff drop in opportunities approximately 25 staff

Further consultation will be conducted through the draft consultation period to refine
actions and nominate the Business Unit manager responsible for implementation.
Resource Implications
What is the financial cost to Council?
A budget allocation of $45,000 was approved for this current year.
Initiatives and actions arising from the final adopted strategy will be subject to funding
consideration by Councillors on an annual basis during the usual budget process.
Staff Resources
Significant time from a number of staff across the organisation has contributed to the
development of this strategy.
Conclusion
This Draft Environment Strategy focusses on the connection of people to the
environment across the 10 principles of the One Planet format. It draws the link between
wellbeing and environmental health, reminds us of the human need for clean water, air
and food and the role we all have in ensuring resources are used fairly.
This draft strategy presents a positive future with significant benefit to people and the
environment. It also represents a desire to be inquisitive, innovative and brave in dealing
with the challenges of climate change and to ensure our community is best placed to
recognise and grasp opportunities that may arise from change.
The draft Strategy has already benefited from significant input from interested members
of the community including SEAC and it is now considered appropriate to gain further
input from the wider community to progress its finalisation.

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Attachments
1. CoGB Draft Environment Strategy
2. Action Plan 2016/17

RECOMMENDATION
That Greater Bendigo City Council approves exhibition of the Draft Environment Strategy
for the purpose of public comment over a four week period.

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5.

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PRESENTATION AND VIBRANCY

5.1

COMMERCIAL FITNESS OPERATOR POLICY

Document Information
Authors

Patrick Jess, Manager Active and Healthy Communities


Alicia OBrien, Planning and Policy Officer

Responsible
Director

Michael Smyth, Acting Director Community Wellbeing

Summary/Purpose
To seek Council endorsement of the Commercial Fitness Operator Policy and
implementation of a twelve month trial period.
Policy Context
Council Plan Reference:
Council Plan 2013 2017 (2015-2016 Update)
Theme 3 - Presentation and Vibrancy
3.1 Greater Bendigo has attractive and accessible parks, public places and
streetscapes that are widely used, and enable people to be healthy and active
3.1.2 Implement community strategies, policies and projects that support active
healthy living, including updating the planning framework and applying the
results of the Active Living Census.
Strategy Reference:
Greater Bendigo Public Health and Wellbeing Plan 2013-2017
The Greater Bendigo Public Health and Wellbeing Plan (2013 2017) identified the
strategic direction: Our community's health and wellbeing improves over time.
Actions to achieve this strategic direction include:

Physical Activity - Provide community-based sport and recreation programs, projects


and services to encourage and promote better health and wellbeing outcomes for the
community by:
Updating Facilitating Healthy and Active Lifestyles Framework;
Use local health indicator data and the results of the Healthy Living Survey, for future
planning.
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Regional Strategic Plan Reference:


Loddon Mallee Regional Strategic Plan 2015-18
Theme 3 - Enhance the wellbeing and economic participation of our people
3.2 Improve community health and wellbeing through strategies that promote
good health.
Theme 4 - Protect and enhance the liveability and appeal of our region
4.8 Support thriving arts, culture, sports, recreation and major events.
Background Information
In 2012 Council endorsed the City of Greater Bendigo Sport and Leisure Framework for
Facilitating Active and Healthy Lifestyles. The framework was developed to guide
Council and its staff in the provision of community sport and leisure opportunities of the
future.
A key action within the framework was to better understand local needs by way of a
population survey. In 2014 the Active Living Census was undertaken and completed by
17,437 people, making this the largest response to any survey ever conducted by the
City. The Census holds important information about a range of health indicators for
Greater Bendigo residents, including activity levels and participation in organised sport
and leisure opportunities.
Another key action was the development and implementation of a suite of policies to
outline Councils position on a range of matters to do with the provision of sport and
leisure opportunities across the municipality.
A rise of outdoor fitness activities in recent years has triggered the development of the
Commercial Fitness Operator Policy (Attachment 1) as a priority as part of this suite of
policies. The City of Greater Bendigo (the City) does not currently have a formally
adopted system in place to manage operators conducting fitness activities on public land.
During 2015/16 the City has undertaken a process to develop a draft Commercial Fitness
Operator Policy, in consultation with the community, including the general public, fitness
operators, Fitness Australia and internal stakeholders.
There is a desire and need for a regulation system from both commercial fitness
operators and the general public. The rise in outdoor fitness activity is a positive health
and wellbeing outcome, however this should be balanced with the competing demands
of all users of public open space. The policy aims to manage these activities in a manner
that balances industry needs, provides protection of natural assets and maintains
community access and amenity.

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Report
A key component in achieving Councils vision of Working together to be Australias most
liveable regional city is facilitating a range of opportunities for the community to be
physically active, to improve health and wellbeing outcomes.
Greater Bendigo is rated amongst the worst in the state of Victoria when it comes to
physical activity rates. It has a high rate of inactive adult residents, with 8.3% of adults
reporting they did not undertake any physical activity in the previous week. The Victorian
Population Health Survey (VPHS) 2011-12 shows that only 4 Victorian municipalities
have a higher rate of inactive residents than Greater Bendigo.
The City is committed to improving the health of residents and accordingly, is developing
targets for improving health in the municipality, including two relating to physical activity.
Local physical activity targets relate to:
Reducing the rate of sedentary / inactive residents
Increasing the rate of residents meeting NHMRC physical activity guidelines
These targets enable progress towards health-related goals to be tracked, and they also
demonstrate the Citys commitment to community health.
The National Health and Medical Research Council have recently updated their
guidelines on recommended levels of physical activity to include not only cardiovascular
activity, but also strength training activities. Of the leisure activities most commonly
undertaken by females, fitness / gym and personal training activities are one of very few
that offer this recommended strength training component. Therefore the provision of
outdoor fitness activities is seen as an important way for people, particularly women, to
meet the guidelines around physical activity.
In Greater Bendigo, participation rates are high in commercial fitness activities such as
fitness/gym and personal training. Fitness operators cater for a variety of residents,
particularly females aged 1849, with one in four young women participating in
fitness/gym, and three times the rate of females as males undertaking personal training
activities.
The Active Living Census results, along with community feedback and fitness industry
trends led to the development of the policy. According to Fitness Australia, Australias
peak health and fitness industry association, one of the most significant recent growth
areas in the Australian Fitness Industry has been the emergence of services offered in
an outdoor setting.
This policy aims to manage a range of activities in a manner that balances industry
needs, provides protection of natural assets and maintains community access and
amenity.
The policy establishes a user agreement system and outlines the conditions of use of the
Citys passive reserves and sporting grounds. The policy applies to all commercial
operators who use public land under the operational control of the City for the provision
of fitness activities for financial gain.

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The main policy structure includes: purpose, policy statement, background, scope and
policy information. The policy has been populated based on community feedback,
research into other local government policies and policy recommendations from Fitness
Australia.
Purpose:
The purpose of this policy is to effectively manage the use of Public Land under the
care, control and management of Council for the purpose of conducting commercial
fitness operations.
Policy statement:
City of Greater Bendigo is committed to working to be Australias most liveable
regional city.
The City recognises that commercial operators offer activities that provide
economic, social and physical wellbeing benefits to the Greater Bendigo
Community.
The objective of this policy is to support suitable commercial fitness activities, whilst
ensuring balance with the rights of all community members to access public land.
Scope:
Commercial operators using public land under the operational control of the City for
the provision of fitness activities for financial gain.
Policy information:
Qualifications and Insurance:
Sets eligibility criteria
Locations:
Passive reserves and sporting grounds
Exclusion zones / restrictions
Activities:
Permissible activities
Excluded activities
Group sizes
User agreement system:
Applications in line with sporting club seasonal agreements process (summer /
winter)
No booking fees for implementation trial period of twelve months.
General conditions

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Priority/Importance:
Developing the draft policy is of high importance as it will contribute to achieving the
Council vision and enable the City to deliver upon actions from the Council Plan 2013
2017 (2015/16 update), specifically:
3.1.2

Implement community strategies, policies and projects that support active


healthy living, including updating the planning framework and applying the
results of the Active Living Census.

Implementation of the policy will assist the City to understand demands on our public
open space: where, when and who is using them. It will also provide clarity to the
community regarding the Citys management of commercial fitness operators.
Extensive consultation has occurred in the development of this policy and there is an
expectation from participants that Council will address the policy in the coming months
Timelines:
The policy establishes a user agreement system, which is in line with the Citys
summer/winter sporting club season agreement process. Fitness Operator applications
will be received on a seasonal basis and user agreements are valid for a 6 month period.
If the Policy and implementation trial is endorsed by Council, applications will be opened
as soon as practical via an online system and ready to align with the seasonal
application process.
The twelve month implementation trial will officially commence 1 October 2016 with the
start of the summer season.
The implementation trial will conclude 30 September 2017 with the conclusion of the
winter season. A policy review, including further community consultation, will occur
following this period, and a report prepared for Councils consideration
Risk Analysis:
Whilst there has been strong support from all stakeholders to develop and implement the
policy, there is still the risk that some fitness operators resisting an uptake of the new
process. The strong engagement process undertaken during the development of the
Draft Policy will help to mitigate this risk.
The twelve month implementation trial with no booking fees aims to achieve maximum
uptake of the new user agreement system, while giving the City the opportunity to review
and analyse the system to evaluate its effectiveness and identify any issues with the
proposal.

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Consultation/Communication
Internal Consultation:
The Policy has been developed with internal input through a range of forums. Internal
consultation dates back to the development of the Sport and Leisure Framework in 2012.
More recently, an internal consultation workshop occurred in February 2015 at which
general support was provided for the proposed direction of a user agreement system.
An internal consultation meeting in October 2015 was attended by officers from various
units across the organisation with a direct stake in the Draft Policy, including Engineering
and Public Space, Environmental Health and Local Laws, and Parks and Natural
Reserves. There was general support, with valuable input regarding the technical policy
components.
External Consultation:
Fitness Australia has been consulted in preparing the Policy to ensure its consistency
with their policy recommendations.
The community consultation process for this project includes engagement with Fitness
Operators via a number of workshops during 2015. These workshops were successful
with attendees identifying a clear and recognised need for the implementation of a
formalised system. A recent feedback forum held in November 2015 was attended by 11
Fitness Operators from 8 businesses. There was overall support of the proposed user
agreement system, with specific feedback including:

Agreement with qualifications and insurance requirements


To consider historical ties to locations when allocating users
Recommended maximum group size of 20
More detail required on permissible and excluded activities
Suggestions on proposed restrictions at key locations

Fitness Operators who were unable to attend the workshop were invited to provide
feedback, with 20 Operators in total engaged.
The community consultation process has also involved the collection of general
community feedback over the past few years. A number of community members have
raised concerns via email and phone regarding Fitness Operators accessing passive
reserves and the impact on community access and amenity. The clear need for a
management system has been put forward by community members
A summary of feedback from the Fitness Operator Forum held November 2015 can be
found in Attachment 2.
During the trial the City will gather feedback from members of the public to determine the
effect of the Policy and if any alterations to the Policy are required. A range of
consultation methods will be used including direct and online engagement, with the
opportunity for members of the public to put in submissions.

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Resource Implications
Administrative duties such as processing bookings and preparing user agreements will
be managed within existing staff resources of the Active and Healthy Communities Unit.
The 12 month trial period will allow time to monitor acceptance or otherwise of the policy
and to gain a clear understanding if any extra resources are required to deliver all
aspects of the policy.
Conclusion
To improve health and wellbeing outcomes the City aims to facilitate a range of sport and
leisure opportunities for enabling the community to be physically active.
The rise in outdoor fitness activity is a positive health and wellbeing outcome, however
this should be balanced with the competing demands of use of public open space.
The Commercial Fitness Operator Policy has been developed to manage these activities
in a manner that balances industry needs, provides protection of natural assets and
maintains community access and amenity.
The policy establishes a user agreement system and outlines the conditions of use of the
Citys passive reserves and sporting grounds.
This report seeks Councils endorsement of the policy and approval to implement the
policy for a trial period of 12months.
Attachments
1. Commercial Fitness Operator Policy
2. Fitness Operator Forum Feedback Summary
RECOMMENDATION
That Council:
1. Endorse the Commercial Fitness Operator Policy.
2. Approve an implementation trial period of twelve months with no booking fees,
commencing as soon as practical.
3. Consult with members of the public during the trial to determine the effect of the
Policy.
4. Receive a report on the outcomes of the trial period upon its completion.

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GREATER BENDIGO DISABILITY INCLUSION REFERENCE


COMMITTEE MEMBER APPOINTMENTS

Document Information
Author

Jolie Middleton, Senior Disability Inclusion Officer


Deb Simpson, Acting Manager Community Partnerships

Responsible
Director

Michael Smyth, Acting Director Community Wellbeing

Summary/Purpose
The purpose of this report is for Council to consider recommendations for community
appointments to the Greater Bendigo Disability Inclusion Reference Committee.
Policy Context
Council Plan Reference:
This report is consistent with the following Council Plan 2013-2017 themes and
strategies:
Theme 1 Leadership and Good Governance
Strategy 1.4 Community engagement strategies and methods are adapted and
updated to improve how the community can receive information in an accessible
form and provide feedback to Council.
Theme 3 Presentation and Vibrancy
Strategy 3.6 Greater Bendigo has inclusive and equitable communities where
people feel welcome and connected to others.
Strategy 3.7 Structured community engagement, community planning and
community development programs support our residents and communities,
particularly those who may experience isolation.
Strategy Reference:
This report is also consistent with the following Community Access and Inclusion Plan
2015 2018 objectives and actions:
Objective 3 Promote inclusion and participation in the community of persons with a
disability.
Action 3.12 Develop a Disability Advisory Group (or similar) that will provide advice,
advocate and undertake initiatives that support greater social inclusion of persons with a
disability and their families / carers.

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Background Information
The need to develop a Disability Inclusion Reference Committee (DIRC) was identified
during the consultation phase for the development of the Community Access and
Inclusion Plan 2015 2018.
The DIRC is being developed to provide advice, advocate and undertake initiatives that
support greater social inclusion of persons with a disability and their families/carers.
The City has not had a DIRC previously; therefore the effectiveness of the group will be
reviewed three years after its initial establishment.
Previous Council Decision(s) Date(s):
10 June 2015:

Council adopted the Community Access and Inclusion Plan 2015


2018 with an action being to: Develop a Disability Advisory Group
(or similar).

25 November 2015:

Council endorsed the establishment of the DIRC and its Terms of


Reference.

Report
Expressions of Interest for membership of the DIRC were publically sought during the
first three weeks of May 2016 and closed on 23 May 2016. This opportunity was
promoted through: articles and advertisements in local newspapers, community
newsletters, radio advertisements, a video developed for internet and social media use,
advertisement screens at the Bendigo Library and City offices, relevant email networks
plus Councils website and social media accounts.
Expressions of Interest were invited in accordance with the DIRC Terms of Reference
membership requirements, as follows:
(a) Membership of the Disability Inclusion Reference Committee will consist of:
nominated Councillor(s); and
community representatives who are persons with diverse disabilities; and
community representatives who are unpaid carers of persons with disability,
ideally with at least 1 carer of a child and 1 carer of an adult; and
representatives from local disability-specific agencies; and
representatives from local organisations or networks that have influence on social
inclusion for persons with a disability.
Membership should always weigh in favour of the number of community
representatives and unpaid carers versus agency and City representation.
The Committee will have a maximum of 17 members; 8 community representatives, 4
disability agency and local organisation representatives, and 5 representatives from
the City including Councillors.
Each applicant was requested to respond to three Key Selection Criteria questions in
order to assist with assessment of their relevant knowledge / experience.

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47 eligible Expressions of Interest for membership of the DIRC were received for a total
of 12 available positions across the community representative and disability agency and
local organisation representative categories. Details of all 47 applicants are included
within Confidential Attachment 1.
For shortlisting purposes, the 47 applications were divided into three categories: unpaid
carers (12), persons with a disability (21) and representatives from community
organisations/networks (14). Applicants from persons with a disability and unpaid carers
were shortlisted for interview by the Citys Coordinator Inclusive Communities and
Disability Inclusion Officer.
The 12 unpaid carers and 21 persons with a disability were shortlisted on the basis of
their responses to the three Key Selection Criteria questions, with a particular focus on
advocacy and inclusion knowledge / experience. Other shortlisting considerations
included gender and diverse disability type (e.g. intellectual, physical and sensory)
representation. In total, 15 individuals (7 unpaid carers and 8 persons with a disability)
were offered interviews for the available 8 community representative positions.
The Interview Panel (Panel) was comprised of Cr Rod Campbell and the Citys Acting
Manager Community Partnerships and Senior Disability Inclusion Officer. 14 of the 15
invited applicants participated in the interviews. At the completion of the interviews, the
Panel was unanimous about the 8 applicants it wishes to recommend to Council for
membership of the DIRC. It is the Panels opinion that these 8 applicants all individually
satisfied the Key Selection Criteria, and collectively offer an excellent mix of enthusiasm,
disability inclusion knowledge, personal experience, advocacy and leadership skills, and
connections with the wider disability community. A summary of the 8 recommended
applicants key knowledge / experience is provided within Confidential Attachment 2. It is
the Panels opinion that the remaining 7 applicants, whilst having demonstrated
knowledge / experience in their respective areas, did not satisfy one or more of the Key
Selection Criteria as strongly as the recommended applicants.
The representatives from community organisations/networks (14 applicants) were
shortlisted to 8 applicants by the Citys Senior Disability Inclusion Officer and Disability
Inclusion Officer. The applicants were shortlisted on the basis of their responses to the
three Key Selection Criteria questions with a particular focus on social inclusion,
advocacy and the needs of the broader disability community. The details of the 8
shortlisted applicants were then provided to the Panel for consideration. The Panel was
also unanimous about the 4 community organisation/network applicants it wishes to
recommend to Council for membership of the DIRC. It is the Panels opinion that these 4
applicants all individually satisfied the Key Selection Criteria and will bring a wealth of
disability sector knowledge and extensive community networks that they can share
information with / influence. Details of the 4 recommended applicants are included within
Confidential Attachment 2.
The appointment of these 12 applicants will finalise the DIRC community representative
recruitment process, with all available positions being filled.

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In accordance with the DIRCs Terms of Reference, half the community representatives
need to be appointed for a 1 year appointment and the other half for a 2 year term. The
term of appointment for each recommended applicant has been nominated depending on
applicants preferences or as determined by the Panel refer Confidential Attachment 2.
The selection of the internal representatives from the City will be by request of the Panel
and based on representation from each Directorate and staff whose responsibilities can
influence social inclusion of persons with a disability. There are 4 places available and
preference will be given to staff with Community Access and Inclusion Plan
responsibilities. These 4 internal representatives are yet to be determined.
Consultation/Communication
External Consultation:
In addition to the community engagement opportunities outlined earlier in this report, the
Citys Disability Inclusion team presented on the DIRC and its membership opportunities
to the Having a Say group, a local self-advocacy group. Additionally, the team
responded to numerous enquiries from interested community members and service
providers during the Expression of Interest period.
Resource Implications
The Citys Disability Inclusion Officers will facilitate the functioning of the DIRC. The City
will provide any disability-related support required of members to enable their
participation in the DIRC. The Citys commitment to this administrative and inclusive
practices support is outlined in the DIRCs Terms of Reference.
The level of resources the City may be able to allocate to the various issues and
opportunities the DIRC may identify as priorities will need to be assessed on a case by
case basis.
Conclusion
The establishment of a Disability Inclusion Reference Committee (DIRC) has been high
on the Greater Bendigo disability communitys agenda for many years and was formally
identified during the consultation for the development of the Community Access and
Inclusion Plan 20152018. Council subsequently endorsed the establishment of the
DIRC and its Terms of Reference at the 25 November 2015 Council Meeting.
In accordance with the DIRCs Terms of Reference, Expressions of Interest for
membership of the DIRC were publically sought throughout May 2016.
47 eligible applications for DIRC membership were received in total. Following
shortlisting and interview processes and ensuring consistency with the Terms of
Reference, six persons with a disability and two unpaid carers have been recommended
for membership of the DIRC. 4 applicants from local disability specific agencies and local
organisations / networks have also been recommended for membership.

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The selection of the internal representatives from the City is yet to be determined and will
be managed by the Panel.
Attachments
Confidential Attachment 1:
Confidential Attachment 2:

List of applicants for membership of the Disability


Inclusion Reference Committee.
Applicants recommended for membership of the
Disability Inclusion Reference Committee.

RECOMMENDATION
That the Greater Bendigo City Council resolve to:
1.

Appoint the following persons to the Disability Inclusion Reference Committee for
the listed terms:
1 year term:
Lyn Hartland
Andrew Barrett
Jessica Stone
Margaret Harvey
Sharyn Laugher
Robert Colbourne

2.

2 year term:
Tristan Coote
Sara McQueenie
Daniel Giles
Helen Reimers
Ann-Maree Davis
Jane Worsley-Allot

Write to all applicants to thank them for their interest in the Disability Inclusion
Reference Committee and formally advise them of the outcome of their
Expression of Interest in membership.

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LAKE EPPALOCK LAND AND ON-WATER MANAGEMENT PLAN


IMPLEMENTATION WORKING GROUP

Document Information
Author

Lincoln Fitzgerald, Acting Manager, Active & Healthy Communities

Responsible
Director

Michael Smyth, Acting Director, Community Wellbeing

Summary/Purpose
Council has been requested to nominate a Councillor to take on the role of independent
chairperson of the Lake Eppalock Land & On Water Management Plan Implementation
Working Group (the Group). This report provides information about the Group and
recommends Council nominate a representative Councillor.
Policy Context
This report is consistent with the Council Plan 2013 17 (2015 16 Update). It
considers the Council Plan themes of Leadership and Good Governance which supports
standard of service delivery and Presentation and Vibrancy which supports experiences
and activities for improved health and wellbeing.
Council Plan Reference:
Council Plan 2013 2017 (2015 2016 Update)
1.6 Programs, projects and services are guided by best practice principles and delivered
to respond to community needs.
3.1 Greater Bendigo has attractive and accessible parks, public spaces and streetscapes
that are widely used, and enable people to be healthy and active.
3.2 Residents and visitors are able to access good quality sports and recreational leisure
facilities that are fit for purpose and enable them to celebrate their active artistic, cultural,
sporting and social lives.
Regional Strategic Plan Reference:
This report is consistent with the strategic directions outlined within the Loddon Mallee
Regional Strategic Plan 2015 18 and is associated with the following priority actions of:
Strategic Direction 3: Enhance the wellbeing and economic participation of our
people.
Strategic Direction 4: Protect and enhance the liveability and appeal of our region.

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Background Information
Lake Eppalock is a major attraction for those engaging in water sports, with a number of
tourist parks and accommodation facilities located around the lake. Activities like high
speed boating, water skiing, sailing, canoeing and fishing are all popular on the lake.
Construction of Lake Eppalock commenced in 1960 and was completed in 1964. In 1962
the State Rivers and Water Supply Commission agreed to proposals for the development
of recreational facilities on the marginal land around the lake.
Of the 108 sites originally set aside around the perimeter of Lake Eppalock
approximately 40 are now occupied under leases of up to 30 years. Leases include
church, school and social clubs and commercial enterprises such as caravan parks.
Public areas provide facilities for day visitors including toilets, boat ramps and picnic and
barbecue facilities.
Planning, management and resourcing of land an on-water issues has in the past tended
to be reactive rather than proactive with no integrated overarching plans for the
management of both land and on-water issues.
Land and On-Water Management Plans are being developed for all of the GoulburnMurray Water storages through an extensive process of engagement with communities
to ensure the Plans have strong community support for their implementation.
The Lake Eppalock Land and On-Water Management Plan (the Plan) aims to increase
communication, consistency, coordination and cooperation between agencies
stakeholder groups and the community to protect the lakes values and attributes.
Management of water levels in Lake Eppalock and operational issues, including lake
levels and the management of releases, are questions beyond the scope of the Plan.
(Lake Eppalock Land and On-Water Management Plan 2013, p.3)
Recently, Goulburn-Murray Water wrote to the City seeking that Council nominate a
Councillor to take the role of independent Chairperson of the Group.
Report
The Lake Eppalock Land and On-Water Management Plan Implementation Group will
play an important role in enabling the Lake Eppalock community and various user groups
to have ongoing input into the implementation of the actions identified in the Plan and
help ensure identification and management of any new issues arising.
The functions of the Group will be:
(a) To provide advice to GMWs representative
(b) To help guide the priorities for implementation of the Plan
(c) To advise on community engagement activities, such as informing and raising
community awareness on the importance of environmental issues in the local area
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(d) Provide feedback to community interest groups


(e) Identify other environmental initiatives in the Lake Eppalock region and work
collaboratively where possible
(f) Provide advice on community consultation strategies and play an active role in ongoing consultation
(g) Help develop a framework for evaluating progress
(h) Monitor and evaluate the effective implementation of the plan.
Other agencies represented on the Group include Coliban Water, Central Highlands
Water, North Central Catchment Management Agency, the Department of Environment,
Land, Water and Planning and Goulburn-Murray Water. Community and stakeholder
representatives have also been appointed to the Group via an Expression of Interest
process.
The Group will be appointed for an initial period not exceeding three years; and all
members must meet the terms and conditions set out in the Code of Conduct for the
Implementation Group and the Charter for the Group. With the intention that the group
meets 3 to 4 times per year.
Following low water levels in the lake during the 2015/16 year, a further group was
established under the auspice of the Department of Environment, Land, Water and
Planning to provide interim advice to the Minister. Following the provision of the interim
advice, it is expected that that group will wind up.
Priority/Importance:
Lake Eppalock is an important asset for residents and visitors to Greater Bendigo. The
lake provides both recreational opportunities and a water storage asset for farmers in the
area. Councils involvement in governance of implementing the Plan is considered to be
appropriate.
Options/Alternatives:
Council has been requested to nominate a Councillor as the independent chairperson of
the Group. Council has the opportunity to nominate a representative or alternatively to
decline the invitation.
Timelines:
The Group will be appointed for an initial period not exceeding three years or less if
implementation has been completed.
It is expected that the group will meet 3 to 4 times per year with the most recent meeting
being held on 16 June 2016, with Councillor Leach attending on Councils behalf in an
informal capacity. Council has the opportunity for a nominated Councillor to attend future
meetings.

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Progress:
Agencies have met under the auspices of Goulburn-Murray Water (GM Water) on three
occasions. Expressions of Interest have been called from the community and a number
of local residents and interest groups have been accepted onto the Group.
Risk Analysis:
Council is being requested to provide an independent chairperson for the Group and also
has an officer representing the organisation. It is not the role of the Council to lead
implementation or take responsibility for non-City of Greater Bendigo assets. Council
should recognise and manage the risk that an expectation could be created that the City
fund asset renewal or operational servicing of GM Water assets and services.
Consultation/Communication
During the development of the Lake Eppalock Land and On-Water Management Plan
participants involved in the consultation expressed support for the formation of a Plan
Implementation Group for the lake.
For this plan, is was agreed that an Implementation Group would be established that
would include community representatives, business owners/industry representatives and
key agency representatives.
Expressions of Interest were advertised and individual groups were notified of the
process seeking community representation on the group. Individuals were interviewed by
GM Water representatives and have been accepted onto the group.
Further consultation will be required throughout implementation of the Plan.
Resource Implications
The City has a staff member representing the organisation as part of the Group. A
Councillor has been requested to take the role of independent Chairperson. The Chair is
supported by GM Water administrational assistance.
Conclusion
GM Water developed a Lake Eppalock Land and On-Water Management Plan in 2013
and is seeking to establish an Implementation Group with a Councillor as the
independent chairperson. Council has no operational control or asset ownership of this
site but recognises the value of the asset to the community.
Meetings of the group would occur 3-4 times per year with representatives from
government agencies and local stakeholders appointed via an Expression of Interest
process.
Given the significance of the waterway to the Greater Bendigo community, it is
considered appropriate that a Councillor could provide the function of independent
chairperson.

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Attachments
1.

Lake Eppalock Land and On-Water Management Plan

RECOMMENDATION
That Council nominate Cr Weragoda of the Eppalock Ward to fulfil the role of
independent Chairperson of the Lake Eppalock Land and On Water Management Plan
Implementation Group.

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5.4

Ordinary Meeting - 29 June 2016

CITY OF GREATER BENDIGO RECONCILIATION PLAN 2016--2019

Document Information
Author

Natalie Jacobson, Coordinator Inclusive Communities


Deb Simpson, Acting Manager Community Partnerships

Responsible
Director

Michael Smyth, Acting Director Community Wellbeing

Summary/Purpose
The purpose of this report is to present the final draft of the City of Greater Bendigo
Reconciliation Plan 2016 - 2019 for Council consideration and endorsement following a
period of internal and public consultation.
Policy Context
Council Plan Reference:
3.7.4 Develop a City of Greater Bendigo Reconciliation Action Plan.
The development of a City of Greater Bendigo Reconciliation Action Plan also forms
recommendation 47 of the Independent Review 2014.
Policy Reference:
City of Greater Bendigos Human Rights Charter states Aboriginal persons hold distinct
cultural rights and must not be denied the right, with other members of the community:
a) to enjoy their identity and culture; and
b) to maintain and use their language; and
c)

to maintain kinship ties; and

d) to maintain their distinctive spiritual, material and economic relationships with the
land and waters and other resources with which they have a connection under
traditional laws and customs.
Background Information
A Reconciliation Action Plan (RAP) is a three year action plan outlining what an
organisation will do within its spheres of influence to contribute towards reconciliation
between Aboriginal and Torres Strait Islander (ATSI) peoples and non-Indigenous
Australians.

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Reconciliation Australia manages the national RAP program and provides the following
definition of reconciliation:
Reconciliation is about unity and respect between Aboriginal and Torres Strait Islander
peoples and non-Indigenous Australians. It is about respect for Aboriginal and Torres
Strait Islander heritage and valuing justice and equity for all Australians.
Whilst the City of Greater Bendigos RAP (the RAP) will be an organisational plan rather
than a broader community plan, due to the vast range of functions the City of Greater
Bendigo (the City) performs it is highly likely that the RAP outcomes will also generate
some benefits within the broader community.
At its meeting on 5 August 2015 Council considered the RAP Project Plan, including the
governance structure. The RAP Project Plan was shaped by best practice and the
minimum elements set out by Reconciliation Australia. Councillors Lisa Ruffell, Rod
Campbell and Barry Lyons were subsequently nominated as Councillor representatives
for the RAP Community Reference Group (CRG).
The CRG has been essential in providing a community interface and in representing the
interests of Aboriginal and Torres Strait Islander peoples and Traditional Owners in the
RAP development process. It is considered that the CRG has in itself supported
reconciliation: that is, relationships have been strengthened and the staff involved now
have an increased level of cultural understanding.
The CRG reviewed and provided endorsement for the final draft of the RAP on 9 June.

Previous Council Decision(s) Date(s):


-

4 May 2013: Council resolved to undertake the recommendations of the


Independent Review within the current Council term (i.e. by October 2016).
- 5 August 2015: Council endorsed the City RAP Project Plan and governance
structure, including nominating three Councillor representatives for the CRG.
- 13 April 2016: Council resolved to release the draft City RAP for a period of internal
and public consultation, being from 14 April to 3 June.

Report
During the draft RAPs consultation period, Reconciliation Australia introduced new
requirements to standardise RAPs across different organisations and strengthen their
approval process. As a result the following changes to the draft RAP have been
requested by Reconciliation Australia:
- Including a City reconciliation vision statement.
- Removing details regarding objectives, measureable targets and partners.
- Simplifying the action details.
- Limiting information regarding local Aboriginal history as opposed to Councils
requests to elaborate more on the local history and culture of the Traditional
Owners.
- Two additional processes of review by Reconciliation Australia prior to
Reconciliation Australia endorsement.

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The original intention was to have the RAP endorsed by Reconciliation Australia in
readiness for a public launch at the NAIDOC Flag Raising event on 4 July. Due to the
additional work now required to achieve Reconciliation Australia endorsement this is no
longer possible.
The rationale for Reconciliation Australias changes relate to public accessibility and
understanding of RAPs. Whilst Reconciliation Australias new requirements stand to
improve the documents presentation and make it easier to read, they will also reduce
the level of guiding information for Responsible Managers within the current version.
Due to this a decision has been taken to produce a Reconciliation Plan (the Plan), which
will be an internally focused and more detailed version based on the work undertaken to
date. With a pictorial, externally focused version also prepared, which will be known as
the RAP and meet Reconciliation Australias requirements. Both versions will contain the
same actions and be publically available. The Reconciliation Plan is attached to this
report (Attachment 2) and it is intended that this version be publicly launched at the
NAIDOC Flag Raising event on 4 July. It is hoped Reconciliation Australia endorsement
of the RAP will be achieved by the end of August.
The consultation period focused on engagement with Aboriginal and Torres Strait
Islander residents and the Citys officers. Mainstreaming reconciliation by embedding
it into staff culture as well as organisational strategies, action plans, policies and
procedures is critical to reconciliation success. Consultation with staff therefore was used
as an opportunity to provide feedback about the results of the Staff Reconciliation Survey
and Organisational Audit that was undertaken and to discuss possible actions that could
contribute to reconciliation.
The Plan was publically available and promoted to the broader community for feedback.
The following is a summary of the structured promotion and consultation undertaken:
Aboriginal and Torres Strait Islander community:
- Consultation with the Bendigo Local Aboriginal Network
- Consultation with Bendigo NAIDOC Committee
- Consultation with staff at Bendigo District Aboriginal Cooperation
- Consultation with the Local Aboriginal Justice Advisory Committee
- Radio: Phoenix FM Koori Shoutout
General community:
- Listening post at Heathcote Bush Market
- Listening post at Bendigo Farmers Market
- Listening post at Bendigo Library
- Discussion at the Bendigo Reconciliation Committee, and promotion at the
Bendigo Reconciliation Forum.
- Listening post at Ulumbarra: gather together show.
- Promotion on the City of Greater Bendigo website
- Presentation to the Department of Education and Training
- Radio: ABC Central Victoria, 3BO, Star FM
City:
-

Presentations at various Directorate and Unit meetings

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Information distributed to staff via intranet, emails, CEOs Bulletin and at the
Corporate Briefing

Feedback received from officers and the broader community was generally very positive.
Officers from across all Units demonstrated strong interest in learning more about local
Aboriginal culture. Largely the sentiment from the broader community was that it is great
that the City is taking steps to increase awareness and recognition of local Aboriginal
culture. A minority of community members questioned the value of a Plan and were not
supportive of the investment. Overall, staff and the broader community indicated strong
support for the proposed actions outlined with the draft Plan and also proposed
additional actions.
Please see the Consultation Summary (Attachment 1) for further details of who was
consulted, what feedback was received and how the feedback has been incorporated
into the final draft of the Plan.

Reconciliation Australia
Reconciliation Australia provides support to organisations developing RAPs and also
formally endorses RAPs. Endorsement enables RAPs to be nationally recognised and
included in collective impact evaluations. Reconciliation Australia has established four
different categories of RAPs depending on the organisational context and capacity of the
organisation. These range from introductory RAPs for organisations that have very
limited experience with reconciliation, to very sophisticated RAPs that contain ambitious
actions that have evolved from previous RAP achievements.
The draft Plan was forwarded to Reconciliation Australia for feedback. Due to this being
the Citys first experience in developing a RAP it was anticipated Reconciliation Australia
would classify it as sitting in the first (introductory) category. However, due to the
proposed accountability and timeframes outlined in the draft City RAP, Reconciliation
Australia has classified it as sitting in the third (innovation) category.
As mentioned above Reconciliation Australia also recommended a number of changes to
the Plan in order for it to meet the requirements for an endorsed RAP. These changes
will be implemented and it is hoped endorsement for a RAP will be able to be achieved
prior to the end of August 2016.

Final draft of the Plan


The final draft of the Plan includes 22 objectives that respond to Reconciliation
Australias themes of Respect, Relationships and Opportunities, and 91 proposed
actions distributed across 16 different Units. Whilst this may sound onerous, many of the
proposed actions are focused on enhancing existing systems and practices and
consultation indicates they can be managed within existing City resources.
In response to research, best practice and consultations with staff, Aboriginal and Torres
Strait Islander residents and Traditional Owners, the following focus areas have been
incorporated into the final draft of the Plan:
1) Increasing recognition of Aboriginal and Torres Strait Islander culture both
within the organisation and the municipality.
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2)
3)
4)
5)
6)

Creating employment pathways and opportunities, especially for young people.


Increasing staff cultural awareness, and culturally sensitive practice.
Compliance with land and cultural management requirements.
Increasing participation in community services and youth programs.
Increasing opportunities to participate in organisational decision making
processes, including community consultation processes.
7) Increasing economic development opportunities through procurement.
Should Council adopt the Plan, a Working Group will be established. The objectives of
the Working Group will be to:
oversee the progress of implementation.
provide guidance on how actions could best be implemented.
problem solve any issues that may arise.
Assist with annual reports to the Aboriginal and Torres Strait Islander community,
and ongoing internal and external communications. Expressions of interests for
membership of the Working Group will be publicly sought from both City staff and
Aboriginal and Torres Strait Islander residents / representatives.
The final draft of the Plan includes reporting actions for annual reports to be provided to
both Council and Reconciliation Australia.
Priority/Importance:
Council endorsement of the Plan is of high importance as endorsement would enable it
to be launched as part of NAIDOC week. The Plan also supports the development of a
RAP, which is a recommendation of the Independent Review.
Timelines
The proposed timelines are as follows:
29 June:
Council endorsement of the Plan.
31 August:
Reconciliation Australia endorsement of the RAP.
August and September:
recruitment of Working Group members.
Risk Analysis:
There is a risk that not all 91 actions proposed within the final draft of the Plan will be
able to be implemented. Some may be reliant on sourcing external funds e.g. Develop a
proposal for a new memorial to Aboriginal and Torres Strait Islander war veterans,
however any implementation barriers identified will form part of the annual report on
progress to Council.

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Consultation/Communication
External Consultation:
Direct consultation was undertaken with approximately 330 community members
however it is estimated that thousands more received information about the opportunity
to provide comment via email networks and radio segments. The City received 12 written
submissions, two of which were unsupportive.
Attempts were made to do a face to face presentation about the Plan to Traditional
Owners via the Registered Aboriginal Party Board meetings, however the timing of
meeting cycles unfortunately proved a barrier to this.

Internal Consultation:
Approximately 230 staff participated in consultations on the draft Plan. This was
undertaken at staff meetings and included the following Directorates and Units:
Organisational Support, Parks and Natural Reserves, Active and Healthy Communities,
Capital Venues and Events, Tourism, Community Services, Engineering, Parking and
Animal Control and Community Partnerships.
Resource Implications
The majority of the proposed actions in the Plan are able to be undertaken within existing
resources. A small number will need to be considered as budget bids or require external
resourcing through successful grant application. The Community Partnerships Unit will
resource the ongoing governance requirements and the development of the staff toolkit.
Conclusion
The City of Greater Bendigo is committed to reconciliation. The adoption and
implementation of the Reconciliation Plan will assist in advancing reconciliation internally
and also position the City well to assume a greater leadership role in advancing
reconciliation throughout the municipality. This will be further strengthened, hopefully
later this year, with the endorsement of the Reconciliation Action Plan by Reconciliation
Australia.
The final draft of the City of Greater Bendigo Reconciliation Plan has been informed by
extensive internal and external consultation processes, including critical input from
Aboriginal and Torres Strait Islander peoples and Traditional Owners. It includes 91
proposed actions, most of which will be able to be resourced within existing resourcing
as they focus on enhancements to established systems and practices. A minority of the
91 proposed actions will require some additional resources. These will need to be
considered in the context of annual budget development processes or external grant
funding opportunities.

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It is proposed to produce both an internally focused Reconciliation Plan and an externally


focused Reconciliation Action Plan. Both documents will contain the same actions and
be publically available. Council endorsement is being sought for the Reconciliation Plan
through this report and it is intended that this document be publicly launched at the
NAIDOC Flag Raising event on 4 July.
Attachments
1. Attachment 1: Consultation Summary
2. Attachment 2: Final draft City of Greater Bendigo Reconciliation Plan 2016 2019
RECOMMENDATION
That Council:
1.endorse the City of Greater Bendigo Reconciliation Plan
2.approve the public launch of the endorsed Plan at the NAIDOC Flag Raising event
on 4 July.
3.endorse the establishment of a Working Group comprised of City staff and
Aboriginal and Torres Strait Islander residents / representatives to oversee
progress on the implementation of the Plan and to support annual reporting to
Council and Reconciliation Australia.

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6.

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SUSTAINABILITY

6.1

AWARDING OF CONTRACT CT000269 FOR KERBSIDE ORGANICS


COLLECTION SERVICE

Document Information
Author

Natasza Purser, Manager Waste Services

Responsible
Director

Darren Fuzzard, Director Presentation and Assets

Summary/Purpose
The purpose of this report is to consider tenders submitted for the collection of household
organic waste from properties in urban Bendigo and Marong under Contract CT000269.
Policy Context
Council Plan Reference:
City of Greater Bendigo Council Plan 2013-2017 (2015-2016 Update):
Theme: 5

Sustainability

Strategy 5.5

The level of waste to landfill is reduced and residual waste


is managed responsibly, to deliver the adopted waste
management targets.

2015-2016 Action 5.5.1

Implement the Waste and Resource Management


Strategy including creating a solution to manage kerbside
organics.

Strategy Reference:
The Waste and Resource Management Strategy 2014 - 2019, Section 8.3 of the
implementation plan states that a key objective is to focus on diverting organic waste
from landfill to minimise current and future financial and environmental liabilities.
Background Information
On 2 March 2016 Council resolved to introduce in 2016/17 compulsory fortnightly
kerbside organic collection service to all households in urban areas of Bendigo and
Marong.
This contract is required to implement that resolution and compliments other contracts
already in place for the transport and processing of the organic material and the supply
of bins, kitchen caddies and bin liners.
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Report
A public tender for CT000269 was advertised on 16 April 2016 and closed on 10 May
2016. The tender was advertised in the Bendigo Advertiser and on Tenderlink. The
Tender Evaluation Panel (TEP) comprising Darren Fuzzard, Natasza Purser and Gary
Leech (Operations Engineer), evaluated the tenders in line with the evaluation criteria
contained within the tender.
In addition, a probity auditor (Graeme Stewart) attended the TEP meeting, which was
facilitated by Paul Sherwood (Contracts Co-ordinator) and attended by Richard Morrison
(Contract Project Co-ordination Manager). Bridgette McDougall (Organics Project
Officer) attended as an observer.
Priority/Importance:
The provision of a collection service to households in urban Bendigo and Marong is a
key aspect of the solution to divert organic waste from landfill. This contract represents
the last remaining element needed to enable the service to commence in September
2016 as agreed by Council.
The environmental benefits of diverting organic waste from landfill have been discussed
in previous reports to Council during the course of this project and are therefore not
detailed again here.
To date, the project has already achieved the following key milestones:

Adoption of the Waste and Resource Management Strategy acknowledging the


importance of preventing organic waste from going to landfill - 2014.

Trial of an organics collection service from 2,671 households and composting of the
collected material September 2015.

Collation of results, including surveys and feedback from participants December


2015.

Reporting of results and resolution by Council to implement the kerbside organics


collection service in 2016/17 March 2016.

Implementation of extensive communication plan March 2016 onwards.

Tendering for supply of kitchen caddies and liners; ordering of caddies and liners
April 2016.

Ordering of 39,000 mobile organics bins for delivery to residents April 2016.

Negotiation and lock-in of delivery of bins, caddies and liners to residents April
2016.

Commencement of delivery of 39,000 mobile organics bins May 2016.

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Consideration of Tenders:
Submissions were received from the following tenderers:

Ellwaste

Four Seasons Waste

Greenaway Organics Pty Ltd

JJ Richards and Sons Pty Ltd

Wheelie Waste

As requested by Council, tenderers were asked to provide prices for contracts of 2 and 7
years (with 2x2 year extension options) in length.
The price offered for a 7 year contract (plus 2x2 year extension options) by the preferred
tenderer within a conforming tender submission is $0.780/bin lift. Over 12 months,
collection from 40,000 properties will cost $811,200. The price offered by the preferred
tenderer for a 2 year contract (no extension) is $0.97/bin lift, or $1,008,800 per year for
40,000 properties.
The tendered prices to provide a service for 2 years in lieu of the industry standard of 7
years would be significantly higher. I.E. The tendered prices per lift for a 2 year contract
were an average of $1.261per lift, or $1,311,440 per year for 40,000 properties. The
average price of a 7 year contract was $0.87 per lift or $908,752 for 40,000 properties.
Hence, the average cost of a 2 year contract would be $402,688 more per year than the
average cost of a 7 year contract.
It is understood that Councils request to explore the price for a two year contract was
due to a desire to review the frequency of service provided once residents become more
comfortable with the three bin arrangement; notionally within two years of introducing the
organics bin.
Given the considerable cost penalty involved in pursuing a shorter duration contract, this
approach to achieve Councils objective is not recommended. Alternatively, should
Council consider that the community is ready for such a change prior to the end of the
standard (and proposed) seven year contract period, the frequency of pick up between
the waste bin (currently weekly) and the organics bin (fortnightly on introduction) could
readily be reversed with minimal, if any cost penalty.
An alternative tender submitted by JJ Richards also offered a different collection day
schedule to that which currently exists. The price tendered is marginally more expensive
than the conforming tender received from the recommended tenderer. To achieve this
arrangement would require either the organics bin to be collected out of sync with other
bins or that the existing collection services be changed to accommodate this. Given that
this alternative proposal has a higher cost than the recommended tender and requires
changes to existing services to household, further consideration of this alternative is not
considered warranted.

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The following assessment relates to the five conforming tenders received for the seven
year contract. The criteria used to assess the tenders included capability, capacity,
price/value, local content/partnership, and social procurement. A brief overview of the
submissions is given below.
Four Seasons Waste

In business for 30 years.

Based in Altona North with depot in Golden Square.

Offered lowest conforming price ($0.780/bin lift).

Intend on purchasing 4 new Iveco trucks with Superior Pak bodies to service the
contract.

Ability to begin collections in September 2016 with new trucks.

Provides garbage, recycling and green waste kerbside collection services along with
hard waste collections and transfer station management services.

Previously held CoGB kerbside recycling contract for 10 years.

Proposes local servicing, maintenance and suppliers.

EZY2C tracking system (the same as the system used by CoGB for its own waste
vehicles).

Has contracts with 11 Councils.

Provided copies of Quality Management System, OHS Management System and


Environmental Management System.

JJ Richards

Based in Queensland with 26 offices in Queensland the Northern Territory, NSW and
Victoria. Depot in Bendigo.

Employs over 2,000 people.

Intend on purchasing 4 new Iveco cab chassis with bodies manufactured in-house by
JJ Richards.

Ability to begin collections in September 2016 with new trucks.

Provides garbage, recycling and green waste kerbside collection services along with
hard waste collections to Local Government.

Services 46 Councils in Australia including 13 in Victoria.

Undertakes 2,200,000 domestic collections per week.

J-Track tracking system, Black moth video truck monitoring system.

Provided copies of OHS Management System.

Elliott Holdings (Ellwaste)

In business for 31 years.

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Based in Cohuna and has depots in Echuca, Swan Hill and Mildura.

Has kerbside recycling contract in CoGB, operating out of Endeavour recycling in


East Bendigo.

Intend on purchasing 4 new Iveco trucks with MDJ Gen 5 bodies to service the
contract.

Ability to begin collections in September 2016 with new trucks.

Pre-Qualified contractor with CoGB.

4 Iveco trucks with MacDonald Johnson bodies.

88,000 kerbside services per week.

Contracts with 7 Councils.

Provides garbage, recycling and green waste kerbside collection services along with
Transfer Station management, commercial waste services.

Own and operate the Patho landfill and the Echuca recycling facility.

Provide greenwaste processing services (mulch).

Proposes to use local staff.

Provided copy of Company Information Booklet.

Wheelie Waste

Based in Warrnambool with depot in Bendigo.

In business 35 years.

Provides waste services to Local Government, commercial and private operators.

Provides garbage, recycling and green waste kerbside collection services.

Trucks not specified, therefore ability to begin collections in September 2016 not
confirmed.

Has CoGB bulk haul contract; pre-Qualified contractor with CoGB.

Contracts with 13 Councils.

Proposes to use local staff.

Provided copy of Corporate Systems Manual.

Greenaway Organics

New business comprising Greenaway Bins & D. S. Kendall Waste Services.

No current contracts in this business name.

Greenaway Bins private green waste only collection service.

Kendall contract with Shire of Moira (13,000 garbage per week, 13,000 recycling
per week and 8,000 organics per fortnight) has collected garbage and recycling for
18 years and organics for 18 months.

Intend on purchasing 5 new Iveco trucks.


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Ability to begin collections in September 2016 with new trucks.

Propose to use local drivers and staff.

Submission contained very little other details.

Additional tender information is included as a Section 89 report in the Council agenda.


Consultation/Communication
The tender was advertised publicly and tenderers submitted requests for clarification
throughout the tender process. Officers responding to requests for clarification were not
aware of which tenderer had asked for a clarification, and all clarifications were provide
to all tenderers to ensure that all tenderers had the same information.
Resource Implications
The cost of services provided under this contract are included in the pro-rata amount of
$63/household added to the 2016/17 rates notices in accordance with Councils 2 March
2016 resolution to introduce the service.
Projected costs for future financial years:
Standard rise and fall clauses are included in the contract and may cause an increase or
decrease in the cost depending on CPI and the other externalities included in the
calculation.
Conclusion
The conforming tender submission from Four Seasons Waste achieved the highest
tender assessment score. Four Seasons Waste has demonstrated capability and
capacity to deliver the specified service while offering the lowest cost to the community.
RECOMMENDATION
That Greater Bendigo City Council, having considered the tenders received for contract
CT000269 Organics Collection Service:
1. Award the contract to Four Seasons Waste Pty Ltd for a period of 7 years at the
schedule of rates price nominated (and adjusted annually in accordance with rise
and fall provisions).
2. Delegate to the Chief Executive Officer the authority to execute the additional 2 by 2
year extensions subject to satisfactory performance of the contractor.

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6.2

Ordinary Meeting - 29 June 2016

LOADING, CARTING & DISPOSAL OF WASTE FROM EAGLEHAWK


LANDFILL

Document Information
Author

Gary Leech, Waste Engineer

Responsible
Director

Darren Fuzzard, Director, Presentation and Assets

Summary/Purpose
To seek approval to extend by 2 (two) years contract CN2386-2010/2011 Loading,
Carting & Disposal of Waste from Eaglehawk Landfill with Wheelie Waste Pty Ltd.
Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2015 2016 update)
Strategy 5.5 The level of waste to landfill is reduced and residual waste is managed
responsibly, to deliver the adopted waste management targets.
Background Information
Contract CN2386-2010/2011 Loading, Carting & Disposal of Waste from Eaglehawk
Landfill commenced on the 1st October, 2011 with Wheelie Waste Pty Ltd.
The initial contract term is 5 (five) years with a 4 (four) year option 2 + 2 (two + two).
The initial Contract expiry date is 30th September, 2016.
Previous Council Decision(s) Date(s): 6 July 2011, decision to award contract.
Report
The contract required the contractor to load, cart and dispose of a minimum of 30,000
tonnes of waste in each year of the contract. Due to delays in the construction of Cell 5,
Council required additional waste over and above the 30,000 tonne minimum to be
transported.
It is proposed to reduce the quantity of waste transported from the landfill to 20,000
tonnes per annum. A reduction is expected due to the introduction of the organics waste
service which modelling showed should reduce the quantity of waste to the landfill by a
predicted 10,000 tonnes per annum.

PAGE 140

Sustainability

Ordinary Meeting - 29 June 2016

The contractor has agreed to this reduction and this alteration will not affect the contract
rate. Based on rates submitted when the short term contract was awarded by Council in
2014, the current contract rate is considered to be very competitive.
It is considered that the contractor has undertaken the work to a satisfactory standard.
A supplementary Section 89 report is included in the agenda for the information of
Councillors.
Consultation/Communication
All appropriate personnel in the Presentation & Assets Directorate have been consulted
during the evaluation process for a contract extension.
Conclusion
Wheelie Waste Pty Ltd has undertaken the work required under this contract to a
satisfactory standard. The company has the necessary capability and capacity to provide
this ongoing service and offers value for money.
Resource Implications
Funds have been included in the draft 2016/2017 Budget for this service.
Budget provision for this service is approximately $2,350,000 per annum (cartage and
landfill levy)
RECOMMENDATION
That Council:

Exercises its option to approve a 2 year extension of Contract CN2386-2010/2011


with Wheelie Waste Pty Ltd for loading, carting & disposal of waste from
Eaglehawk landfill.

Delegates authority to the Chief Executive Officer to approve the second two year
contract extension subject to ongoing satisfactory performance of Wheelie Waste
during the first contract extension.

PAGE 141

Leadership and Good Governance

7.

Ordinary Meeting - 29 June 2016

LEADERSHIP AND GOOD GOVERNANCE

7.1

RECORD OF ASSEMBLIES

Document Information
Author

Peter Davies, Manager Executive Services

Responsible
Officer

Craig Niemann, Chief Executive Officer

Summary/Purpose
The purpose of this report is to provide the record of any assembly of Councillors, which
has been held since the last Council Meeting, so that it can be recorded in the Minutes of
the formal Council Meeting.
Policy Context
Council demonstrates leadership in its decisions to meet future needs and challenges.
Background Information
The Local Government Act provides a definition of an assembly of Councillors where
conflicts of interest must be disclosed.
A meeting will be an assembly of Councillors if it considers matters that are likely to be
the subject of a Council decision, or, the exercise of a Council delegation and the
meeting is:
1.
2.

A planned or scheduled meeting that includes at least half the Councillors (5) and a
member of Council staff; or
an advisory committee of the Council where one or more Councillors are present.

The requirement for reporting provides increased transparency and the opportunity for
Councillors to check the record, particularly the declarations of conflict of interest.
Report
Meeting
Name/Type
Meeting Date
Matters discussed

Meeting Information
Audit Committee
19 May 2016
1. Local Government Service Delivery: Recreational
Facilities Audit Report
2. LGPRF report December 2015

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Leadership and Good Governance

Ordinary Meeting - 29 June 2016

3.
4.
5.

Internal Audit progress report


Internal Audit Customer service systems capability
Follow up on Previous Internal Audit Recommendations
March 2016
6. External Audit Strategy 2015/16
7. Interim Management letter year ending 30 June 2016
8. Risk update
9. Service Reviews
10. Long Term Financial Plan
Attendees/Apologies
Councillors
Cr Barry Lyons
Cr Rod Campbell
Staff/
Mr Craig Niemann, Chief Executive Officer
Community
Ms Kerryn Ellis, Director Organisation Support
Representatives
Mr Travis Harling, Manager Finance
Mr Pat Jess, Manager Active & Healthy Communities
Mr Michael Smyth, Acting Director Community Wellbeing
Ms Debbie Thewlis, Manager Customer Support
Mr Steven Abbott, A/Manager People & Performance
Mr John Salter, Principal Risk Adviser
Ms Toni Lyon, EA Organisation Support/
Mr Ken Belfrage, Community Representative (Chair)
Ms Kate Scarce, Community Representative
Mr Graham Bastian, Community Representative
Mr Martin Thompson, Crowe Horwath (Internal Auditor)
Mr Iqbal Halim, Crowe Horwath (Internal Auditor)
Mr Phil Delahunty RSD Chartered Accountants (External
Auditor)
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil

Meeting
Name/Type
Meeting Date
Matters discussed

Councillor/officer left
meeting

Meeting Information
Consultation meeting
26 April 2016
Planning application DSD/66/2016
17 Bakewell Street, NORTH BENDIGO 3550
Subdivide land into 6 lots and construct 6 dwellings (2 single
storey; 4 double storey)

Attendees/Apologies
Councillors
Cr James Williams
Apology - Cr Lisa Ruffell
Staff/
Shannon Rosewarne
Community
Applicant

PAGE 143

Leadership and Good Governance

Representatives

Ordinary Meeting - 29 June 2016

Objectors

Conflict of Interest disclosures


Matter Councillor/officer making disclosure
No.
Nil

Meeting
Name/Type
Meeting Date
Matters discussed

Councillor/officer left
meeting

Meeting Information
Consultation meeting
26 May 2016
Planning application DSD/66/2016
17 Bakewell Street, NORTH BENDIGO 3550
Subdivide land into 6 lots and construct 6 dwellings (2 single
storey; 4 double storey)

Attendees/Apologies
Councillors
Cr Peter Cox
Apology - Cr Lisa Ruffell
Staff/
Shannon Rosewarne
Community
Applicant
Representatives
Objectors

Conflict of Interest disclosures


Matter Councillor/officer making disclosure
No.
Nil

Meeting
Name/Type
Meeting Date
Matters discussed

Councillor/officer left
meeting

Meeting Information
Meeting of Councillors
7 June 2016
Hearing of Submissions relating to the Council Plan 2016/17
and Budget 2016/17

Attendees/Apologies
Councillors
Cr Rod Fyffe
Cr Rod Campbell
Cr Elise Chapman
Cr Peter Cox
Cr Helen Leach
Cr Barry Lyons
Cr Lisa Ruffell
Cr Mark Weragoda
Cr James Williams
Staff/
Mr Craig Niemann, Chief Executive Officer
Community
Ms Kerryn Ellis, Director Organisation Support
Representatives
Ms Prue Mansfield, Director Planning and Development
Mr Darren Fuzzard, Director Presentation and Assets
PAGE 144

Leadership and Good Governance

Ordinary Meeting - 29 June 2016

Mr Peter Davies, Manager Executive Services


Dr Lyn Talbot, Corporate and Community Planner
Conflict of Interest disclosures
Matter Councillor/officer making disclosure
No.
Nil

Councillor/officer left
meeting

RECOMMENDATION
That Council endorse the record of assemblies of Councillors as outlined in this report.

PAGE 145

Leadership and Good Governance

7.2

Ordinary Meeting - 29 June 2016

CONTRACTS AWARDED UNDER DELEGATION

Document Information
Author

Lee Taig, Contract Support Administrator, Contract & Project


Coordination Unit

Responsible Kerryn Ellis, Director Organisation Support


Director

Summary/Purpose
The purpose of this report is to provide information on contracts recently awarded under
delegation.
Policy Context
Delivery of programs, projects and services that respond to community needs.
Report
Contract No

Project

Successful Contractor

Value
(GST Excl)

Delegated
Officer

Date Signed

Capital Contracts
CT000259

Bowles Road Epsom


Reconstruction Works

Bitu-Mill (Civil) Pty Ltd

266,795.35

Darren Fuzzard

23 May 2016

CT000258

Watson Street, White Hills


Reconstruction Works

Bitu-Mill (Civil) Pty Ltd

313,509.60

Darren Fuzzard

23 May 2016

CT000231

Golden Square Football


Oval Lighting

Commlec Services Pty


Ltd

247,805.00

Pauline Gordon

04 May 2016

RECOMMENDATION
That the contracts awarded under delegation, as outlined in this report, be acknowledged
by Council.

PAGE 146

Ordinary Meeting - 29 June 2016

8.

NOTICES OF MOTION

8.1

RESCISSION MOTION FOR DECISION ON 316-318 HIGH STREET,


KANGAROO FLAT - 34 LOT SUBDIVISION, REMOVAL OF
VEGETATION, VARIATION OF EASEMENTS AND ALTERATION OF
ACCESS TO ROAD ZONE CATEGORY 1

Cr Cox
Cr Williams
That the resolution made at the Ordinary Council Meeting of 15 June, 2016, and
recorded in the Minutes on pages 23-29, as outlined below be rescinded.
Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo
City Council resolve to issue a Notice of Decision to Grant a Permit for a 34 lot
subdivision, removal of native vegetation, variation of easements and alteration of
access to a road in a Road Zone Category 1at 316-318 High Street, KANGAROO FLAT
subject to the following conditions:
1.

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

2.

LAYOUT PLANS
The subdivision, as shown on the endorsed plans, must not be altered without
the prior written consent of the responsible authority.

3.

PROVISION OF SERVICES
The owner of the land must enter into agreements with the relevant authorities
for the provision of water supply, drainage, sewerage facilities, electricity and
gas services to each lot shown on the endorsed plan in accordance with the
authorities requirements and relevant legislation at the time.

4.

EASEMENTS
All existing and proposed easements and sites for existing and required utility
services and roads must be set aside in favour of the relevant authority for
which the easement or site is to be created on the plan of subdivision
submitted for certification under the Subdivision Act 1988.

5.

REFERRAL OF PLAN
The plan of subdivision submitted for certification under the Subdivision Act
1988 must be referred to the relevant authority in accordance with section 8 of
that Act.

6.

PUBLIC OPEN SPACE CONTRIBUTION


Before the statement of compliance is issued the applicant or owner must pay
to the responsible authority a sum equivalent to 5% of the site value of all the
land in the subdivision.

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Ordinary Meeting - 29 June 2016

7.

STAGED SUBDIVISION
The subdivision must proceed in the order of stages as shown on the endorsed
plan unless otherwise agreed in writing by the responsible authority.

8.

LANDSCAPE PLAN
Before a statement of compliance is issued for each stage of the subdivision a
landscape plan to the satisfaction of the responsible authority must be
submitted 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 LANDSCAPING
Before a statement of compliance is issued for each stage of the subdivision
the landscaping works shown on the endorsed must be carried out and
completed for that stage to the satisfaction of the responsible authority.

10.

LANDSCAPING MAINTENANCE
The landscaping works shown on the endorsed plans must be maintained to
the satisfaction of the responsible authority for 12 months after the works are
completed, including that any dead, diseased or damaged plants are to be
replaced.
ENGINEERING CONDITIONS:

11.

DETAILED DRAINAGE
Before the plan of subdivision is certified under the Subdivision Act 1988, plans
to the satisfaction of the responsible authority must be submitted to and
approved by the responsible authority. When approved, the plans will be
endorsed and then will form part of the permit. The plans must be drawn to
scale 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 discharge
Q5 =
165 l/s
Q100 = 420 l/s
NB These rates include the existing dwellings at 320-340 High Street,
Kangaroo Flat
(e) Stormwater quality
(f) Easements as required.

12.

DRAINAGE WORKS
Prior to the issue of the statement of compliance for the subdivision, drainage
works must be constructed in accordance with plans approved by the
responsible authority.

13.

CONSTRUCTION OF WORKS
Road works, drainage and other civil works must be constructed in accordance
with the City of Greater Bendigo Infrastructure Design Manual and plans and
specifications 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)
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Ordinary Meeting - 29 June 2016

(d)
(e)
(f)
(g)
(h)

Indented car parking and/or bus parking bays (if required)


Underground conduits for water, gas, electricity and telephone
Appropriate intersection and traffication measures.
Appropriate street lighting and signage;
High stability permanent survey mark (if required).

14.

PUBLIC ASSETS
Before the development starts, the owner or developer must submit to the
responsible authority a written report and photos of any prior damage to public
infrastructure. Listed in the report must be the condition of kerb and channel,
footpath, seal, street lights, signs and other public infrastructure fronting the
property and abutting at least two properties either side of the development.
Unless identified with the written report, any damage to infrastructure post
construction will be attributed to the development. The owner or developer of
the subject land must pay for any damage caused to any public infrastructure
caused as a result of the development or use permitted by this permit.

15.

CONSTRUCTION MANAGEMENT PLAN


Prior to commencement of works the owner or applicant must submit a
Construction Management Plan (CMP) for approval by the responsible
authority. This plan shall include, but not be limited to:
(a) A site specific plan showing proposed erosion and sedimentation control
works.
(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 applicant
must employ and provide the protection methods contained in the CMP to the
satisfaction of the responsible authority.

16.

17.

CONSENT FOR WORK ON ROAD RESERVES


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/or
seek consent from the Coordinating Authority to undertake works (as defined
in the Act) in, over or under the road reserve. The responsible authority in the
inclusion of this condition on this planning permit is not deemed to have been
notified of, or to have given consent to undertake any works within the road
reserve as proposed in this permit.
REFERRAL AUTHORITY CONDITIONS:
COLIBAN WATER
(a) The owner is required to provide reticulated water and sewerage services
to each of the lots within the subdivision. Services are to be provided in
accordance with our specifications.

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Ordinary Meeting - 29 June 2016

(b) All Coliban Water assets within the subdivision, both existing and
proposed, are to be protected by an easement in favour of Coliban Region
Water 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 section
8 of that Act.
(b) The applicant shall: Provide an electricity supply to all lots in the
subdivision 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 the
cost of such work will be required). In the event that a supply is not
provided the applicant shall provide a written undertaking to Powercor
Australia Ltd that prospective purchasers will be so informed.
(c) The applicant shall: Where buildings or other installations exist on the land
to be subdivided and are connected to the electricity supply, they shall be
brought into compliance with the Service and Installation Rules issued by
the Victorian Electricity Supply Industry. The applicant shall arrange
compliance through a Registered Electrical Contractor.
(d) The applicant shall: Set aside on the plan of subdivision for the use of
Powercor Australia Ltd reserves and/or easements, and/or leases,
satisfactory to Powercor Australia Ltd where any electric substation (other
than a pole mounted type) is required to service the subdivision.
(e) The applicant shall: Provide easements satisfactory to Powercor Australia
Ltd, where easements have not been otherwise provided, for all existing
Powercor Australia Ltd electric lines on the land and for any new
powerlines required to service the lots and adjoining land, save for lines
located, or to be located, on public roads set out on the plan. These
easements shall show on the plan an easement(s) in favour of "Powercor
Australia Ltd" for Powerline Purposes pursuant to section 88 of the
Electricity 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
powerlines to accord with the position of the line(s) as determined by
survey.
(h) The applicant shall: Obtain Powercor Australia Ltds approval for lot
boundaries within any area affected by an easement for a powerline and
for the construction of any works in such an area.
(i) The applicant shall: Provide to Powercor Australia Ltd, a copy of the
version of the plan of subdivision submitted for certification, which shows
any amendments which have been required.
(j) Any buildings must comply with the clearances required by the Electricity
Safety (Network Assets) Regulations.
(k) Any construction work must comply with the Officer of the Chief Electrical
Inspector No Go Zone rules.

PAGE 150

Ordinary Meeting - 29 June 2016

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 in
accordance with the providers requirements and relevant legislation at
the time; and
A suitably qualified person for the provision of fibre ready
telecommunication facilities to each lot shown on the endorsed plan in
accordance with any industry specifications or any standards set by the
Australian Communications and Media Authority, unless the applicant
can demonstrate that the land is in an area where the National
Broadband Network will not be provided by optical fibre.
(b) Before the issue of a Statement of Compliance for any stage of the
subdivision 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 telecommunications
services in accordance with the providers requirements and relevant
legislation at the time; and
A suitably qualified person that fibre ready telecommunication facilities
have been provided in accordance with any industry specifications or
any standards set by the Australian Communications and Media
Authority, unless the applicant can demonstrate that the land is in an
area where the National Broadband Network will not be provided by
optical fibre.

20.

DOWNER UTILITIES (GAS)


The plan of subdivision submitted for certification must be referred to AusNet
Services (Gas) in accordance with section 8 of the Subdivision Act 1988.

21.

DEPARTMENT OF ENVIRONMENT, LAND, WATER AND PLANNING


Construction 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
approved as part of this permit, the applicant must provide a native
vegetation offset that meets the following requirements, and is in
accordance with the Permitted clearing of native vegetation Biodiversity
assessment 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 Authority
boundary or Greater Bendigo municipal district
have a strategic biodiversity score of at least 0.122.

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Ordinary Meeting - 29 June 2016

Offset evidence
(c) Before any native vegetation is removed, evidence that an offset has been
secured must be provided to the satisfaction of the responsible authority.
This offset must meet the offset requirements set out in this permit and be
in accordance with the requirements of the Permitted clearing of native
vegetation Biodiversity assessment guidelines and the Native vegetation
gain scoring manual. Offset evidence can be either:
i. a credit register extract from the Native Vegetation Credit Register; or
ii. a security agreement, to the required standard, for the offset site or
sites, including a 10 year offset management plan to the satisfaction of
the Department of Environment, Land, Water and Planning and
approved by the Responsible Authority. Every year, for ten years, after
the responsible authority has approved the offset management plan,
the applicant must provide notification of the management actions
undertaken towards implementing the offset management plan, to the
department. An offset site condition statement, including photographs
must be included in this notification.
22.

COUNTRY FIRE AUTHORITY


Hydrants
(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 Hydrants
for 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

Cr Cox - Grounds for Rescission


It is proposed that the decision to grant a permit for 316-318 High St Kangaroo Flat to
develop a 34 lot subdivision be rescinded because:
The Biodiversity and Ecological Assessment Reports were not circulated to Councillors
for consideration and were not listed as attachments.
These reports appear inadequate as they are at odds with the visual range of species
and habitat of the place
The officer's report did not consider the option to protect significant vegetation on the site
which has heritage significance.

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Ordinary Meeting - 29 June 2016

The precedence that is set with this decision means that it is unlikely that all future
decisions on the retention of native vegetation and wetlands in Greater Bendigo's Urban
Growth Boundary will not be seriously considered.
That time is required to gain further expert advice on the value of the natural vegetation
and the range of wildlife that exists on this site.

Officer Comment
The Biodiversity and Ecological Assessment reports for the application accord with the
practice material for native vegetation assessments, and have been prepared by a highly
qualified and experienced local consultant.
The reports were reviewed by the Department of Environment, Land, Water and
Planning who had no objection, and found the reports to be satisfactory. The site is not
affected by any environmental overlays (which include Vegetation Protection Overlay,
Environmental Significance Overlay and Significant Landscape Overlay).
It is not the role of planning to consider every possible option to develop the site. There
are an infinite number of options that could be pursued, one is the protection of
vegetation. The application must be considered on its merits and Council officers must
consider what it before them. The site is not within a heritage overlay or a heritage study.
Whether the proposal will set a bad precedent is a matter of judgement. The land is
zoned for urban development and the relevant policies have been considered. The
officers judgement is that the proposal will not set a bad precedent and represents an
appropriate planning outcome. Further, the site has not been identified as a wetland.
The forum is the appropriate mechanism for Councillors to ask for more information. No
Councillors requested a copy of the biodiversity and ecological assessment at the forum,
or indeed any other information about the vegetation on the site. As noted above, the
reports have already been subject to review by the planning officer & DELWP, and do
not warrant further analysis.
These reports were part of the submitted application and available to councillors and the
general public. Councillor Cox requested a copy prior to the Council Forum and it was
provided to him. A report of this nature is not normally listed as an attachment, which is
the same for a Rescode report prepared by an applicant, for example.
Council undertook a Planning Scheme Amendment to implement the Urban Vegetation
Study in 2010, to protect urban vegetation at various sites within Bendigo. No changes to
the planning controls were made to this site as part of that Amendment.

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Ordinary Meeting - 29 June 2016

Should the rescission motion be supported, Council then needs to make a decision to
refuse the application as follows:
MOTION
Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo
City Council resolve to refuse to grant a permit for a 34 lot subdivision, removal of native
vegetation, variation of easements and alteration of access to a road in a Road Zone
Category 1at 316-318 High Street, Kangaroo Flat on the following grounds:
a. The density of the development and the loss of all vegetation from the site is not
consistent with the intent of the Kangaroo Flat South Regional Centre Structure Plan.
b. The proposal fails to protect significant vegetation on the site which has heritage
significance.

PAGE 154

Ordinary Meeting - 29 June 2016

9.

URGENT BUSINESS

10.

COUNCILLORS' REPORTS

11.

MAYOR'S REPORT

12.

CHIEF EXECUTIVE OFFICER'S REPORT

13.

CONFIDENTIAL (SECTION 89) REPORTS

Nil.

PAGE 155

Ordinary Meeting - 29 June 2016

APPENDIX / ATTACHMENTS

PAGE 156