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AGENDA

Ordinary Meeting of Council

6.00pm Wednesday 16 May 2018

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

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

NEXT MEETING:
Wednesday 20 June 2018
Bendigo Town Hall

Copies of the City of Greater Bendigo Council’s 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 - creating the world's most liveable community.

Council Values
Six values inform everything we as Council do in working together to be the best we can
for all of our community.

Seeking to achieve the best value for our use of the community’s public funds and
resources, by:

• We Lead;
• We Learn;
• We Contribute;
• We Care;
• We Respond;
• We Respect.

Goals

• Presentation and Managing Growth


• Wellbeing and Fairness
• Strengthening the Economy
• Environmental Sustainability
• Embracing our Culture and Heritage
• Lead and Govern for All

PAGE 2
ORDINARY MEETING

WEDNESDAY 16 MAY 2018

ORDER OF BUSINESS:

ITEM PRECIS PAGE

ACKNOWLEDGEMENT OF COUNTRY 5

PRAYER 5

PRESENT 5

APOLOGIES 5

SUSPENSION OF STANDING ORDERS 5

PUBLIC QUESTION TIME 5

RESUMPTION OF STANDING ORDERS 6

CR WRIGGLESWORTH'S REPORT 6

DECLARATIONS OF CONFLICT OF INTEREST 7

CONFIRMATION OF MINUTES 8

1. PETITIONS AND JOINT LETTERS 9

2. PRESENTATION AND MANAGING GROWTH 10

2.1 PLANNING SCHEME AMENDMENT C226 - REZONE 1A 10


RAILWAY STREET KANGAROO FLAT FROM GENERAL
RESIDENTIAL TO INDUSTRIAL 3 ZONE, DELETE THE
DEVELOPMENT PLAN OVERLAY 17 FROM 1A RAILWAY
STREET & 239-249 HIGH STREET, KANGAROO FLAT

2.2 PLANNING SCHEME AMENDMENT C236 - APPLY THE 21


PUBLIC ACQUISITION OVERLAY TO PART OF 264 HIGH
STREET KANGAROO FLAT - ADOPT THE AMENDMENT

2.3 171 - 187 MCIVOR ROAD, STRATHDALE 3550 - 27


AMENDMENT TO AN EXISTING PLANNING PERMIT
(EXTEND LIQUOR LICENCE TRADING HOURS) TO
ALLOW THE OPERATING HOURS TO BE FURTHER
EXTENDED

2.4 5692-5694 CALDER HIGHWAY, KANGAROO FLAT 3555 - 36


SUBDIVIDE LAND INTO 13 LOTS, CREATION OF
RESTRICTION (BUILDING ENVELOPES), ALTERATION OF
ACCESS TO A ROAD ZONE CATEGORY 1, AND
REMOVAL OF NATIVE VEGETATION (2 REMNANT

PAGE 3
PATCHES)

2.5 194 UPPER CALIFORNIA GULLY ROAD, CALIFORNIA 61


GULLY 3556- SUBDIVISION OF LAND INTO THREE LOTS

2.6 CONNECTING GREATER BENDIGO: INTEGRATED 74


TRANSPORT AND LAND USE STRATEGY UPDATE

3. WELLBEING AND FAIRNESS 79

3.1 GREATER BENDIGO MUNICIPAL EARLY YEARS PLAN 79


PROGRESS REPORT

4. STRENGTHENING THE ECONOMY 85

5. ENVIRONMENTAL SUSTAINABILITY 85

6. EMBRACING OUR CULTURE AND HERITAGE 86

6.1 GREATER BENDIGO RECONCILIATION PLAN PROGRESS 86


REPORT

7. LEAD AND GOVERN FOR ALL 94

7.1 FINANCE COMMITTEE REPORT AS AT 31 MARCH 2018 94

7.2 RECORD OF ASSEMBLIES 100

7.3 CONTRACTS AWARDED UNDER DELEGATION 111

8. URGENT BUSINESS 113

9. NOTICES OF MOTION 114

9.1 NOTICE OF MOTION: SUPPORTING, DIVERSIFYING AND 114


GROWING OUR LOCAL FOOD ECONOMY

10. COUNCILLORS' REPORTS 115

11. MAYOR'S REPORT 115

12. CHIEF EXECUTIVE OFFICER'S REPORT 115

13. CONFIDENTIAL (SECTION 89) REPORTS 115

13.1 Confidential Report in accordance with Section 89(2)(a) of 115


the Local Government Act relating to a personnel matter

13.2 Confidential Report in accordance with Section 89(2)(d) of 115


the Local Government Act relationg to a contractual
matter

____________________________
CRAIG NIEMANN
CHIEF EXECUTIVE OFFICER

PAGE 4
Ordinary Meeting - 16 May 2018

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 – Purpose


Council has provided the opportunity for members of the public to ask questions of broad
interest to Council and the community. Matters relating to routine Council works should
be taken up with Council’s Customer Service Officers through its Customer Request
System.

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 the people to ask questions. Therefore, no
questions relating to planning matters on the Agenda will be accepted.

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 and unregistered
questions.

Residents are encouraged to lodge questions in advance so that a more complete


response can be provided.

Questions will be put to the Council by the individual posing the question; the question
will be answered by the Mayor or CEO, or where appropriate, Councillors or Council
Officers.

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Ordinary Meeting - 16 May 2018

Acceptance of Questions
Each person asking a question of Council is required to stand, state their name, and
address the Mayor. Public Question Time is not an opportunity for making of statements
or other comments. Council’s Meeting Procedure Local Law does not allow for other
questions or comments during the remainder of the meeting.

1. An individual may only ask one question per meeting, a follow-up question may be
permitted at the discretion of the Mayor.

2. In the event that the same or similar 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 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 registration form has been accepted or declined will be
advised by the Friday of the week prior to the scheduled meeting.

6. In the event of a registration form being declined the registration form will be
circulated to the Mayor or Councillors for information.

RESUMPTION OF STANDING ORDERS

That Standing Orders be resumed.

CR WRIGGLESWORTH'S REPORT

PAGE 6
Ordinary Meeting - 16 May 2018

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) direct financial interest


(b) indirect interest by close association
(c) indirect interest that is an indirect financial interest
(d) indirect interest because of conflicting duties
(e) indirect interest because of receipt of an applicable gift
(f) indirect interest as a consequence of becoming an interested party
(g) indirect interest as a result of impact on residential amenity
(h) conflicting personal interest

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.

PAGE 7
Ordinary Meeting - 16 May 2018

CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Wednesday 18 April 2018.

The following items were considered at the Ordinary Council meeting held on
Wednesday 18 April 2018 at 6:00pm.

• Proposed Budget for the Financial Year Ending 30 June 2019


• Response to Petition - Pedestrian Path Along Southern Side of Calder Highway,
Maiden Gully
• Planning Scheme Amendment C161 - Marong Business Park Consider Panel Report
and Adoption of Part 2 of Amendment
• 116-118 Bridge Street, Bendigo - Demolition of Existing Dwelling and Outbuilding;
Removal of Vegetation (Exotic); and Construction of One Dwelling (Two Storey);
Outbuilding and Fences
• 189 Wattle Street, Ironbark - Demolition of Existing Dwelling; Outbuilding and
Retaining Walls; Construction of a Dwelling (Two and Half Storey); and Ancillary
Building and Works (including Swimming Pool, Fences and Decks)
• Lot 1 Collins Lane, Emu Creek - Use and Development of Land for Extensive Animal
Husbandry and Associated Occasional Facility Hire
• 2 Albion Street, Kennington - Two Lot Subdivision and Construction of Two Dwellings
• 729 Edwards Road, Marong - Use of Land for Motor Repairs and Vehicle Store (Truck
Parking)
• CA 31A Eaglehawk-Neilborough Road, Neilborough - Use and Develo9pment of a
Dwelling
• 12 La Valla Court, Junortoun - Removal of 1 Tree and Variation to Building Envelope
• Integrated Municipal Emergency Management Plan
• Draft Hard Court Facilities Strategy
• 2017/18 Community Grants - Round 2 of 2
• 2018 Dudley House Community Hire Subsidy and Performance Subsidy - Round 2 of
2
• Cultural Diversity and Inclusion Plan - Progress Report
• Potential Disposal of 49 Napier Street, Eaglehawk
• Record of Assemblies
• Contracts Awarded Under Delegation
• Confidential Section 89 Report

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 Wednesday 18 April 2018,
as circulated, be taken as read and confirmed.

PAGE 8
Petitions and Joint Letters Ordinary Meeting - 16 May 2018

1. PETITIONS AND JOINT LETTERS

Nil.

PAGE 9
Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

2. PRESENTATION AND MANAGING GROWTH

2.1 PLANNING SCHEME AMENDMENT C226 - REZONE 1A RAILWAY


STREET KANGAROO FLAT FROM GENERAL RESIDENTIAL TO
INDUSTRIAL 3 ZONE, DELETE THE DEVELOPMENT PLAN
OVERLAY 17 FROM 1A RAILWAY STREET & 239-249 HIGH
STREET, KANGAROO FLAT

Document Information

Author Frank Casimir, Statutory Planner

Responsible Bernie O’Sullivan, Director Strategy and Growth


Director

Summary/Purpose

Amendment This is a Planning Scheme Amendment combined with a planning


details: permit application.

The Amendment proposes to:


• Rezone 1A Railway Street, Kangaroo Flat from General
Residential Zone to Industrial 3 Zone and to;
• Delete the Development Plan Overlay Schedule 17 (Former
Rocklea Mill Site, 239-249 High Street, Kangaroo Flat) from 1A
Railway Street and from 239-249 High Street, Kangaroo Flat.

The planning permit application is for:


• The subdivision of the land into 48 industrial lots, use and
development of the land for light industrial and warehousing
purposes, creation of common property, reduction of car parking
requirements and removal of native vegetation.
Proponent: Phileo Australia
Key issues: • The land use history of the site
• Effects on residential/industrial land
• Amenity impacts
• Loss of native vegetation

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

RECOMMENDATION

That the Greater Bendigo City Council resolve to:

1. Request the Minister for Planning to authorise Council to prepare Amendment


C226 to the Greater Bendigo Planning Scheme.

2. Agree to the request to consider the application for the planning permit
concurrently with the Amendment.

3. When authorised by the Minister, exhibit Amendment C226 to the Greater


Bendigo Planning Scheme and the draft planning permit.

~~~~~~~~~~~~~~~~~~~~~~~~~

Policy Context

City of Greater Bendigo Community Plan 2017 – 2021


Goal 3: Strengthening the economy
• Advocacy, innovation and support to new jobs, attract visitors and diversify the local
and regional economy.
Goal 4: Presentation and managing growth
• Planning, developments and infrastructure that increase our liveability and pride in
where we live.

Background Information

The land is commonly called the former Rocklea Spinning Mills Site. It was zoned
Industrial 1 Zone and was used and developed for industrial purposes until around the
end of the 1990s and early 2000s. After the industrial uses stopped, part of the land
(now called 239-249 High Street) was rezoned to Commercial 2 Zone to enable its
redevelopment into a bulky goods shopping centre. The other part (now called 1A
Railway Street) was rezoned from Industrial 1 Zone to General Residential Zone for its
eventual residential development.

This Amendment was initially to rezone only the land at 1A Railway Street to Industrial 3
Zone and to delete the Development Plan Overlay Schedule 17 (DPO17, Former
Rocklea Mill Site, 239-249 High Street, Kangaroo Flat) from it. After further discussion
with the proponent, it was agreed that a planning permit application for the use and
development of the land be lodged concurrently with the Amendment and also to delete
the DPO17 from the adjoining land at 239-249 High Street.

This change was required to ensure the best planning outcome in terms of urban design
is achieved for the land located at 1A Railway Street and also because the development
of the land at 239-249 High Street is now completed, rendering the DPO17 redundant.

The key steps in the Amendment process are summarised below:

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Figure 1: The Amendment process

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.
(Full copy attached).

Land affected by the Amendment and the Permit

The land affected by the Amendment is 239-249 High Street, Kangaroo Flat being Lot 1
PS621066 and 1A Railway Street, Kangaroo Flat being Lot 2 PS621066. The permit
affects only the land at 1A Railway Street, Kangaroo Flat. The whole of the land is
commonly known as the former “Rocklea Spinning Mills” site.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

The land at 239-249 High Street is zoned Commercial 2 Zone and is affected by the
Development Plan Overlay Schedule 17 and partly by the Bushfire Management
Overlay. The land at 1A Railway Street is zoned General Residential Zone and is
affected by the Development Plan Overlay Schedule 17, the Bushfire Management
Overlay and the Environmental Audit Overlay.

Figure 2: The current zoning of the land and of its surround

Figure 3: An aerial photo of the land showing the developed and the undeveloped part

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

The land at 1A Railway Street, Kangaroo Flat has historically been covered with native
vegetation. The land at 239-249 High Street, however, was historically developed with
the buildings and structures associated with the Rocklea Spinning Mill and has been re-
developed into a bulky good shopping centre.

The total area of the land affected by the Amendment and permit application is
approximately 7.5 hectares. The land is bounded by High Street (Calder Highway) on
the western boundary along a distance of approximately 242 metres and by Railway
Street to the east. Along the northern boundary, the land is bounded mainly by dwellings
along a distance of approximately 305 metres. To the south, the land is bounded by light
industrial buildings. The land can be accessed either from High Street or from Railway
Street.

The land is located on the northern periphery of the Kangaroo Flat South activity centre.
At approximately 500 metres to the south of the land, is the Charter Hall Lansell
Shopping Centre. To the north and across High Street to the west, the land is
predominantly developed with dwellings. Across Railway Street to the east, is the
Bendigo- Melbourne railway line and heavily vegetated public land.

The subject land essentially consists of two distinct platforms with the ground surface
dropping by approximately 8 metres from east to west. The western area is defined by a
cut and fill platform where most of the Rocklea Spinning Mill buildings were located and
where the current bulky goods shopping centre is. The eastern area is on the upper
grounds and remains covered with vegetation.

What the Amendment does and what the permit allows

The Amendment proposes to:


• Rezone the land at 1A Railway Street, Kangaroo Flat from General Residential Zone
to Industrial 3 Zone, delete the Development Plan Overlay 17 (Former Rocklea Mill
Site, 239-249 High Street, Kangaroo Flat) from it and from 239-249 High Street,
Kangaroo Flat.

The planning permit allows:


• Subdivision of the land into 48 industrial lots, creation of common property, use and
development of the land for industrial and warehousing purposes, reduction of car
parking requirements and removal of native vegetation.

Three building clusters are proposed to be constructed on the site and then subdivided
into 48 lots/tenancies varying from 212 to 223 square metres each. Each unit will have
two dedicated external car spaces and one space built internally for loading and
unloading purposes.

A total of 182 on-site car parking spaces are proposed to be provided with 96 allocated
to specific tenancies and the remaining for communal car parking.

The land will be cleared of all its vegetation with the appropriate offset provided.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Figure 4: The proposed subdivision plan. The site is shown edged orange.

Social Impacts

The Amendment will have no major adverse social impacts, mainly because of the
history of the site, the nature of the surrounding land and the proposed use. The land
was zoned Industrial 1 Zone (IN1Z) until August 2006 when it was rezoned to General
Residential Zone. Except between 2006 and to date, the site has therefore been zoned
industrial whilst having established residences abutting it.

Rezoning the land to Industrial 3 Zone (IN3Z) is expected to have minimal impact on the
amenity of the adjoining residences because the purpose of the IN3Z is to act as a buffer
between residential zones and the IN1Z. This indicates that the use and development
that the proposed IN3Z allows, will have no unacceptable adverse impacts on the
amenity of the adjoining existing residences. Also, most land use and development in
the IN3Z requires a planning permit.

The lot size and the context of the land also limit the potential of the proposed rezoning
to have a significant adverse impact on adjoining land. The lot size is relatively small
and therefore the rezoning will not lead to large scale industrial development. Also, as
the land is located at a slightly lower level compared to the adjoining dwellings, its
rezoning and eventual development is unlikely to create material detriment for the
adjoining residents.

The report Micro Industrial Kangaroo Flat, Transport Impact Assessment by OneMile
Grid dated April 2017 submits that currently Railway Street carries an average daily
traffic volume of 2,522 vehicle movements. According to the same report, the proposed
development will potentially increase this number by 543 or approximately 22%, with the
largest vehicles expected to access the site being the City's waste collection trucks. This
suggests that the proposed development is unlikely to increase heavy vehicle
movements along this section of Railway Street.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

The industrial uses will also be wholly contained within the buildings. The remaining,
undeveloped part of the land will be either landscaped or sealed for use as car parking
and access ways. External service yards or open air storage do not form part of the
proposal and there is a condition on the draft planning permit to implement this. As a
result, there will be minimal impact on the amenity of the area in terms of dust or
unsightliness.

Economic Impacts

The land has a number of constraints that would affect residential development, mainly
because of its history and location and is therefore, best for industrial use. It abuts
industrial or commercial land on two of its boundaries and it has been reported that there
is a shortage of land for light industrial purposes in the municipality.

One of the findings of the working paper Demand and Supply of Industrial Land in
Greater Bendigo prepared by SGS Economics in 2012 is that there is an undersupply
and a high demand for small, flexible industrial lots of approximately 500 square metres.
The Amendment will therefore have a positive impact as it will allow for an increase in
the light industrial land supply.

The report Economic and Land Use Assessment - 1A Railway Street Kangaroo Flat by
Urban Enterprise dated March 2017, states that one of the positive economic impacts of
the development of this “micro-industrial estate” is the creation of 141-217 direct
employment opportunities. This is expected to complement and strengthen the existing
land use and economic function of this area of Kangaroo Flat, which includes core retail,
bulky goods retail and light industrial businesses.

The economic potential of this “micro-industrial estate” will therefore most likely outweigh
the development of the site for residential purposes. This is because the land has not
been identified in the Bendigo Residential Strategy, 2014 as a strategic site for
residential development. This means that its development for industrial purpose will
have no significant impact on the existing residential land supply and subsequently on
the price of residential land.

Environmental Impact

The land is located in an urban area of the municipality and is not an environmentally
sensitive area. It is affected by the Bushfire Management Overlay, but is not covered by
any environmental or landscape overlays. The removal of vegetation and the fact that it
is potentially contaminated are the key environmental issues to be considered in the
case of this Amendment.

A biodiversity assessment of the vegetation proposed to be removed was completed by


Biosis in July 2016 and submitted as part of the Amendment documentation. The report
identified the vegetation as remnant patches of vegetation and 13 scattered trees. Also
according to the report, the site is relatively small and has been modified due to a history
of vegetation clearing, slashing and on-going ground disturbance. For these reasons
and especially given the location of the site, it is not considered that the removal of the
vegetation will have an unacceptable impact on the natural environment.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

The Department of Environment, Land, Water and Planning supports the Amendment,
however, requires that all vegetation to be removed to be offset.

The site is covered by the Environmental Audit Overlay because it is considered to be


potentially contaminated due its previous uses. However, as it has been historically
covered with vegetation, it is reasonable to conclude that it is unlikely that it has been
developed or used for a purpose which may have contaminated the soil.

The main reason it is covered by the EAO is because it was previously proposed to be
used for residential purposes. Its proposed use and development for industrial purposes,
which are non-sensitive uses, do not require the site to be audited before it is used and
developed. It is also to be noted that upon its development, most of the site will be either
be covered with buildings or sealed driveways and carparks. As a result, any residual
soil contaminants will remain confined.

State Planning Policy Framework

Clause 11.02 (Urban Growth) has as objective to ensure a sufficient supply of land is
available for industrial purposes. The Amendment supports this clause as it will supply
additional land for industrial and warehousing purposes.

Clause 11.14-1(Loddon Mallee South, Planning for growth) has as objective to manage
population growth and settlements. The Amendment is consistent with this objective
because it will support Bendigo as a regional city and its population growth by offering a
range of employment and services.

Clause 12.01-2 (Native vegetation management) seeks to ensure that there is no net
loss to biodiversity as a result of the removal, destruction or lopping of native vegetation.
The Amendment and permit application are consistent with this clause because all native
vegetation proposed to be removed, will be offset as provided in the permit conditions.

Clause13.03-1 (Use of contaminated and potentially contaminated land) seeks to ensure


that potentially contaminated land is suitable for its intended future use and development,
and that contaminated land is used safely. The Amendment is consistent with this clause
because as a precautionary measure, it is not proposing to delete the Environmental
Audit Overlay from the land although the land is not proposed to be put to a sensitive
use.

Clause 13.05-1 (Bushfire planning) has as objective to strengthen the resilience of


settlements and communities to bushfire through risk-based planning that prioritises the
protection of human life. The Amendment is consistent with this clause because the
bushfire risks associated with the rezoning and future use of the land have been
assessed and found to be acceptable.

Clause 15.01-2 (Urban design principles) has as objective to achieve architectural and
urban design outcomes that contribute positively to local urban character and enhance
the public realm while minimising detrimental impact on neighbouring properties. The
Amendment is consistent with this clause as the preliminary development plans for the
land indicate that the safety, public realm, pedestrian spaces and site context have all
been considered and are achievable.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Clause 17.02-1 (Industrial land development) has as an objective to ensure availability of


land for industry. The Amendment is consistent with this clause because it will facilitate
the availability of industrial land in a suitable area of the municipality.

In addition, the deletion of the DPO17 from the site is suitable given this Amendment is
part of a Section 96A planning application. The DPO17 is no longer required due to the
certainty provided by the proposed land use and development. This certainty ensures
adequate separation and buffer areas between sensitive uses and industry are
maintained to ensure that residents are not affected by adverse environmental effects,
nuisance or exposure to hazards.

Local Planning Policy Framework

The proposed Amendment reinforces the strategic direction sought by the LPPF,
particularly as set out in Clause 21.01 in relation to the regional service role played by
Greater Bendigo. The Amendment will provide for industrial development which
promotes economic growth and results in high quality built form outcomes which are
compatible with surrounding land uses.

Clause 21.02-3 (Economic Development) sets out the key issues and influences for the
economic development of the municipality. Among other strategies, it encourages the
industrial diversification in the municipality. Moreover, this clause states that the Loddon
Mallee South Regional Growth Plan (2014) has indicated that aside from residential
growth, planning for employment growth is essential. This Amendment is consistent with
this clause.

Clause 21.05-8 (Managing risk) has an objective to manage development in areas of risk
from bushfire and flooding. The land is in the urban area of the municipality and is prone
to bushfire risks. A detailed assessment of the risks has determined that the subject land
is suitable for the proposed use and development with the appropriate mitigating
measures.

Clause 21.07-6 (Economic Development, Industrial) has among other objectives, to


encourage the diversification and expansion of the municipality’s industrial base. The
Amendment is consistent with this clause as it will increase the supply of serviced
industrial land.

Clause 22.05 (Industrial Policy) has among other objectives, to ensure that an adequate
supply of land for industrial development is available and maintained to meet the
changing needs of industry. The proposal will provide land for industrial uses and in this
regard complies with this clause.

Consultation/Communication

City Planning officers have consulted with the relevant internal departments and external
authorities including statutory referral authorities for the Amendment and permit
application for preliminary advice. Their responses are summarised in the table below.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Referral Comment

Regional Sustainable Development No objection. Support the Amendment.


Drainage No objection subject to conditions.
Landscaping No objection subject to changes to the
landscaping plan.
Traffic No objection subject to conditions.
Department of Environment, Land, No objection to tree removal subject to
Water and Planning native vegetation removal offsets.
Powercor No objection subject to conditions relating to
electricity infrastructure provision.
Coliban Water No objection subject to conditions relating to
the provision of reticulated water and
sewerage.
Downer (Gas) No objection subject to standard referral
provision for certification.
Country Fire Authority No objection to the Amendment and to the
grant of the permit subject to one condition
to put on the permit.

If the Amendment is authorised by the Minister for Planning, the Amendment documents
and draft permit conditions 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 the
Amendment 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.
During this process, the referral and service authorities will again be given direct notice
of the Amendment and permit application.

Conclusion

The Amendment and planning permit application principally seek to allow the use and
development of the land located at 1A Railway Street, Kangaroo Flat for light industrial
and warehousing purposes and also to remove native vegetation. A number of
preliminary investigations including traffic, bushfire risks, the quality of the vegetation and
the suitability of the site for industrial development have been carried out. Planning
officers have also carried out extensive preliminary consultation with referral and service
authorities and none have raised any issues which may inhibit the Amendment.

It is recommended that Council seek authorisation from the Minister for Planning to
prepare and exhibit the Amendment and draft planning permit.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

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 and draft planning
permit.
• 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.
• Requesting further information. The Amendment application documentation is not
sufficiently comprehensive for a request to the Minister at this time and would require
considerable financial investment to address all issues. It is considered that further
investigation would not resolve the critical issues of the proposal.

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.

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.

It is not expected that the Amendment will have a significant impact on future resources
of the City.

Attachments

• Explanatory Report
• Draft Permit

PAGE 20
Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

2.2 PLANNING SCHEME AMENDMENT C236 - APPLY THE PUBLIC


ACQUISITION OVERLAY TO PART OF 264 HIGH STREET
KANGAROO FLAT - ADOPT THE AMENDMENT

Document Information

Author Frank Casimir, Statutory Planner

Responsible Bernie O’Sullivan, Director Strategy and Growth


Director

Summary/Purpose

Amendment details: This Amendment applies the Public Acquisition Overlay


(PAO) to part of the land at 264 High Street, Kangaroo Flat
to allow its compulsory acquisition by the Council for the
upgrade of an existing stormwater drain.
Proponent: City of Greater Bendigo
No. of submissions: 2 - supporting (none opposing)
Key issues: • The non-responsiveness of the affected land-owner to
the Amendment.

RECOMMENDATION

That the Greater Bendigo City Council resolve to adopt the recommendations detailed for
each of the submissions in this report and forward the adopted Amendment to the
Minister for Planning to approve.

~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context

City of Greater Bendigo Community Plan 2017 – 2021


Goal 4: Presentation and managing growth

• Planning, developments and infrastructure that increase our liveability and pride in
where we live.
Goal 5: Environmental sustainability
• Protect and enhance our environment, conserve our resources and increase
resilience to a changing climate.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Background Information

The key steps in the Amendment process are summarised below:

Figure 1: The Amendment process

Part of 264 High Street, Kangaroo Flat (the affected land) is located in the path of an
existing, open stormwater drain. Following complaints received from neighbouring
landowners, the City's Engineering Unit determined that the drain needs to be upgraded
to operate effectively and also to facilitate its on-going maintenance requirements.

The City’s Property Services Unit requested this Amendment to apply the PAO as
negotiations to acquire voluntarily were not successful.

Previous Council Decisions

20 September 2017, Council resolved to:


"Commence the compulsory acquisition process to acquire land at the rear of 264 High
Street, Kangaroo Flat that is currently used for drainage purposes to enable an upgrade
of the drainage and longer term on-going maintenance to be undertaken by the City of
Greater Bendigo."

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

13 December 2017, Council resolved to:


"Request the Minister for Planning to authorise Council to prepare Amendment C236 to
the Greater Bendigo Planning Scheme and to exhibit it publicly."

Report

An Explanatory Report is attached and details the purpose, effect and strategic
justification of the Amendment as required. Key issues identified in the Explanatory
Report are summarised below.

Land affected by the Amendment

The land affected by the Amendment is part of 264 High Street, Kangaroo Flat. The total
area of the land is approximately 1,450 square metres, of which approximately 338
square metres will be affected by the Amendment. The site is developed with a dwelling
and associated sheds and is zoned General Residential Zone (GRZ) with no overlays.

Across High Street to the east and to the south-east, the land is zoned Commercial 1
Zone while the remaining nearby land is zoned GRZ and predominantly developed for
residential purposes.

The open stormwater drain carries stormwater collected mainly from the Bunnings
Warehouse and Lansell Crest Shopping Centre sites for discharge into the Bendigo
Creek. The drain crosses an exclusively residential area before reaching the Bendigo
Creek.

Figure 2: The affected land

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

What the Amendment does

The Amendment proposes to make the following changes to the Greater Bendigo
Planning Scheme:
• Applies the Public Acquisition Overlay, (PAO8) to part of 264 High Street, Kangaroo
Flat;
• Amends the Schedule to Clause 45.01 (PAO) to identify the land and acquiring
authority for the upgrade of stormwater drainage infrastructure.

Consultation/Communication

Exhibition Procedures

The Amendment was exhibited for one month from 15 February to 19 March 2018.

Notice was provided in the following manner:


• Individual notices to owners and occupiers of land affected by the Amendment,
including notice by registered mail to the landowner.
• 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 14 and 17 February
2018 and;
• Publication of the notice of the Amendment in the Government Gazette on 15
February 2018.
• Access on-line on the City of Greater Bendigo website at www.bendigo.vic.gov.au
and on the Department of Environment, Land, Water and Planning website at:
www.delwp.vic.gov.au/publicinspection

Submissions

Two submissions were received to the Amendment during the exhibition period.

Submitter 1: James Fisher – 266 High Street Kangaroo Flat


Supports/Objects Officer Response & Recommendation
Supports. Note the submission.

Recommendation
No change to the Amendment.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Submitter 2: Country Fire Authority – North Western Region


Supports/Objects Officer Response & Recommendation
No implication for CFA service delivery. Note the submission.

Recommendation
No change to the Amendment.

Discussion

This Amendment is site specific and affects only an unused and undeveloped part of the
residential property where there is currently an open drain. Other than allowing for
compulsory acquisition, it has no significant effect. This is evidenced by no opposing
submissions being received to the Amendment, including from the landowner.

As required under the Act, notice of the Amendment was sent to the landowner as part of
the public exhibition process. Following this, the landowner’s representative contacted
the City's Planning officer for more clarification. The purpose of the Amendment was
thoroughly discussed with the landowner’s representative to ensure fairness in the
process of the Amendment. At the close of the exhibition period and to date, neither the
landowner nor their representative has made a submission to the Amendment.

Conclusion

No opposing submissions were received to this proposed Amendment and therefore, it


can now be finalised and forwarded to the Minister for Planning for approval. Following
this, the City can start the compulsory acquisition process to acquire the land to enable
the upgrade of the drain.

It is recommended that Council adopt the Amendment without changes and forward the
adopted Amendment to the Minister for Planning to approve. This will complete the
Amendment process.

Options

Section 29(1) & (2) of the Planning and Environment Act 1987 states that a planning
authority may adopt an Amendment or part of an Amendment with or without changes. If
a planning authority adopts part of an Amendment the Amendment is then split into two
parts.

Resource Implications

Officer time will be required to prepare the Amendment documentation for adoption and
liaise with the Minister for Planning. The City will also be required to pay the statutory
fee of $462.20 for the Minister for Planning to approve the Amendment.

In terms of future permit activity, there will be no change as a result of this Amendment
and therefore minimal impact on the future operational resources of the City.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Attachments

• Submissions (2)
• Explanatory report

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

2.3 171 - 187 MCIVOR ROAD, STRATHDALE 3550 - AMENDMENT TO AN


EXISTING PLANNING PERMIT (EXTEND LIQUOR LICENCE
TRADING HOURS) TO ALLOW THE OPERATING HOURS TO BE
FURTHER EXTENDED

Document Information

Author Luke Bott, Senior Planner

Responsible Bernie O’Sullivan, Director Strategy and Growth


Director

Summary/Purpose

Application details: Amendment to an existing planning permit (extend liquor


licence trading hours) to allow the operating hours to be further
extended
Application No: AM/770/2015/A
Applicant: All Seasons Hotel
Land: 171 – 187 McIvor Road, Strathdale 3550
Zoning: Commercial 1 Zone
Overlays: N/A
No. of objections: 1
Consultation Not required
meeting:
Key considerations: • Compliance with the relevant State and local policy, with
particular regard to Clause 22.27 – Licensed Premises
Policy;
• Whether the proposed extended hours will result in adverse
amenity impacts on the surrounding area;
• Whether the proposal is consistent with the intent of Clause
22.28 – Gaming.
Conclusion: The application is inconsistent with the Greater Bendigo
Planning Scheme and the intent of Clause 22.27 – Licensed
Premises Policy and Clause 22.28 – Gaming.

It is recommended that Council refuse to grant an amended


planning permit as the extended hours proposed do not
present an acceptable planning outcome with regards to the
impact on the amenity of the area.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

It is also considered that the proposal may have adverse social


impacts on the community due to the increased hours
available for gaming facilities.

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo
City Council resolve to issue a Notice of Refusal to grant an amended permit to extend
the liquor license trading hours at 171 – 187 McIvor Road, STRATHDALE for the
following reasons:
1. The amended planning permit application is inconsistent with State and local policy
with particular regard to Clause 22.27 – Licensed Premises Policy and Clause 22.28
– Gaming of the Greater Bendigo Planning Scheme.
2. The proposed extended hours will have adverse impacts on the amenity of the area.
3. The proposal will have adverse social impacts on the community due to the increased
hours available for gaming facilities.

~~~~~~~~~~~~~~~~~~~~~~~~~

Policy Context

City of Greater Bendigo Community Plan 2017 – 2021


Goal 4: Presentation and managing growth
• Planning, developments and infrastructure that increase our liveability and pride in
where we live.

Background Information

The subject site is a large allotment which comprises the All Seasons Hotel. The site is
located within the Commercial 1 Zone and abuts land within the General Residential
Zone to the north and west.

Planning Permit DC/770/2015 was issued for ‘Extend liquor licence trading hours’ on 19
January 2016. This permit allows the premises to close at 1:00am on Sunday to
Wednesday and 3:00am on Thursday to Saturday (the current operating hours).

This application seeks to amend this permit to extend the licensed trading hours to:
• Sunday to Wednesday – 8:00am to 3:00am; and
• Thursday to Saturday – 8:00am to 4:00am.

Report

Subject Site and Surrounds

The site has an area of 3,078sqm and is formally known as Lot 2 on PS320373Y, CP
169608. It is rectangular in shape apart from an indentation at the south east, which
contains the property at No. 191 – 193 McIvor Road (part of the hotel complex).

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

It is located on the northern side of McIvor Road, between Crook Street (to the east) and
Pilcher Street (to the west). The site has a frontage to McIvor Road and the northern
section of the east boundary has a frontage to Crook Street. It is adjoined by residential
properties to the north and west and the hotel property at 191 – 193 McIvor Road to the
south east.

The property to the east, on the opposite side of Crook Street, was approved in late 2016
for the subdivision of land into 33 lots and residential development.

The land across the highway to the south-west is commercially zoned and directly to the
south is residential.

Figure 1: Location map showing subject site. Objector's property is marked with a star.

Figure 2: Zoning map showing the subject site and surrounding area.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Proposal

This application is to extend the licenced trading hours from 1:00am to 3:00am on
Sunday to Wednesday, and 3:00am to 4:00am on Thursday to Saturday.

Planning Controls - Greater Bendigo Planning Scheme

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

State Planning Policy Framework


Clause 10.01 Integrated decision making
Clause 15.01 Urban environment
Clause 17 Economic development
Clause 17.01 Commercial

Municipal Strategic Statement


• Clause 21.01 Municipal Profile
• Clause 21.04 Strategic directions
• Clause 21.08 Environment

Local Planning Policies


Clause 22.27 Licensed Premises Policy
Clause 22.28 – Gaming

Other Provisions
• Clause 34.01 Commercial 1 Zone
• Clause 52.27 Licensed Premises
• Clause 65 Decision Guidelines
• Clause 66 Referral and Notice Provisions

Consultation/Communication

Referrals

The following referral authorities have been consulted on the proposal:

Referral Comment
Victorian Commission for The Commission does not intend to offer any comment
Gambling and Liquor or submission on the application.
Regulation (VCGLR)
Victoria Police The Chief Commissioner is deferring determination of
the matter until he is in receipt of a liquor application
from the Victorian Commission for Gaming and Liquor
Regulation.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Referral Comment
Bendigo Safe City Forum The Bendigo Safe City Forum do not support the
application as it does not align with their Licensed
Premises Policy.

Public Notification

The application was advertised by way of notice on the site and letters mailed to 17
adjoining and nearby owners and occupiers. One objection was received.

Planning Assessment

Compliance with the relevant State and local policy, with particular regard to Clause
22.27 – Licensed Premises Policy

Clause 22.27 contains the following objectives:


• To manage the future and existing development of licensed premises within the City
of Greater Bendigo.
• To define the Entertainment Precinct and manage future and existing development.
• To manage the location, patron capacity and hours of operation of licensed premises
to protect the amenity of surrounding areas.
• To reduce the incidence of anti-social behaviour and the subsequent impact on the
amenity of the area.

The following sections of the policy are of particular relevance to this application:

It is policy that:
As a minimum requirement all licensed premises within the City of Greater Bendigo will
achieve the following:
Amenity
The operation of the licensed premises will not permit or cause undue detriment to
the amenity of the area to occur out of or in connection with the use of the
premises.
Location
The location of the licensed premises will not detrimentally impinge on residential
properties.
Cluster development of licensed premises will not be encouraged outside the
Entertainment Precinct.
New licensed premises will be discouraged from locating in a residential zone or
within a 100 metre buffer area from a residential zone.
Extended hours for existing licensed premises in a residential zone or within a 100
metre buffer area from a residential zone will be discouraged.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Outside the Entertainment Precinct, the following hours of operation will generally be
supported:
Sunday 10:00am to 11:00pm
Good Friday 12:00 noon to 11:00pm
Anzac Day (not being a Sunday) 12:00 noon to 1:00am the following morning
On any other day 10:00am to 1:00am the following morning

The proposed increase in licensed trading hours are from 1:00am to 3:00am on Sunday
to Wednesday and from 3:00am to 4:00am on Thursday to Saturday.

As the subject site is outside of the entertainment precinct, the policy recommends that
the premises close at 11:00pm on Sundays and 1:00am on any other day.

The proposal exceeds the recommended operating hours by four hours on Sundays, two
hours on Monday to Wednesdays and 3 hours on Thursday to Saturday (noting that the
current operating hours extend beyond those stipulated by Clause 22.27).

As the extended closing times exceed the recommended hours by a significant margin (2
– 4 hours), there is a possibility that this may increase the incidence of anti-social
behaviour, especially as a result of patrons waiting outside for limited transportation
options.

It is important to note that the following guidelines are provided in relation to the zoning
of land surrounding a licensed premises:
New licensed premises will be discouraged from locating in a residential zone or
within a 100 metre buffer area from a residential zone.
Extended hours for existing licensed premises in a residential zone or within a 100
metre buffer area from a residential zone will be discouraged.

As demonstrated by Figure 2 on page 3, the land which immediately surrounds the


subject site to the north and west is included within the General Residential Zone.

Given the location of the hotel complex within a residential area, with residential
interfaces to the immediate north and west of the site, the proposed extended hours are
discouraged by the policy.

It is considered that the proposed extended hours will detrimentally impact on the nearby
residential properties and are inappropriate, noting that they are specifically discouraged
by this policy.

Whether the proposal is consistent with the intent Clause 22.28 – Gaming

Clause 22.28 Gaming seeks:


To ensure the location of gaming machines and design and operation of facilities
containing gaming machines minimise opportunities for convenience gaming and
the incidence of problem gambling.
To protect the amenity of existing uses surrounding gaming venues.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

It is considered that the proposed extended hours will facilitate and encourage
convenience gambling and the incidence of problem gambling.

As such, it is considered that the proposal will have adverse social impacts on the
community due to the increased hours available for gaming activities.

As noted in the response to Clause 22.27, it is considered that the proposed extended
hours will have an adverse effect on the amenity of the surrounding residential area.

Compliance with the Commercial 1 Zone

34.01-2 - Use of land


A use must not detrimentally affect the amenity of the neighbourhood, including through
the:
Transport of materials, goods or commodities to or from the land.
Appearance of any building, works or materials.
Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam,
soot, ash, dust, waste water, waste products, grit or oil.

34.01-8 Decision guidelines


General
The State Planning Policy Framework and the Local Planning Policy Framework,
including the Municipal Strategic Statement and local planning policies.
The interface with adjoining zones, especially the relationship with residential
areas.
Use
The effect that existing uses may have on the proposed use.
The drainage of the land.
The availability of and connection to services.
The effect of traffic to be generated on roads.
The interim use of those parts of the land not required for the proposed use.

As explained in the response to Clauses 22.27 and 22.28, it is considered that the
proposed extended hours will have an adverse impact on the amenity of the surrounding
area due to emissions of noise.

It is considered that the interface with the adjacent residential areas is an incompatible
land use setting for the proposed extended hours.

As such, the proposal does not meet the underlined sections of the above clauses.

Compliance with the Decision Guidelines at Clause 65

Clause 65 Decision guidelines provides a range of standardised decision guidelines that


a responsible authority must consider as appropriate before deciding on a permit
application or the approval of a plan, which ensures consideration and integration of all
issues as part of the decision making process.

Contained within Clause 65.01 are the following decision guidelines which are relevant to
this application:

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

• The orderly planning of the area.


• The effect on the amenity of the area.

It is considered that the proposed extended hours will have a detrimental impact on the
amenity of the area.

The impact of the proposed extended hours upon the surrounding residential area is
contrary to the orderly planning of the area.

Response to Objections

One objection has been received which states:

“An increase in trading hours will increase the probability of noise which will cause a
negative impact on the amenity of the neighbourhood….

The extension of operating hours raises concerns over an increased access to gambling
and consumption of alcohol. From a community perspective this is an undesirable social
outcome.”

Whilst only one objection has been received, the matters raised within the objection are
compelling and it is considered that these matters have adequate substance to support
the refusal of the application, as outlined throughout this report.

Referral Responses

Whilst Victoria Police and the Victorian Commission for Gambling and Liquor Regulation
have not objected to the application, both authorities are deferring determination of the
matter until a liquor license application is lodged. Council can still make a decision
without the input from Victoria Police and the Victorian Commission for Gambling and
Liquor Regulation. It is important to note that whilst these authorities have not objected to
this application, they may object to a future liquor license application.

The Bendigo Safe City Forum has provided a clear position on the proposal, stating that
it does not support the application as it is inconsistent with their Licensed Premises
Policy.

It is important to note that the suggested hours of operation as contained within the
Bendigo Safe City Forum Licensed Premises Policy 2004 are the same as the hours
contained within the Greater Bendigo Planning Scheme Licensed Premises Policy, which
was introduced in 2006.

Conclusion

It is considered that the approval of an amended permit would result in an unacceptable


planning outcome which is inconsistent with the policy directions of Clauses 22.27 –
Licensed Premises Policy and Clause 22.28 – Gaming of the Greater Bendigo Planning
Scheme with regard to the impact on the amenity of the surrounding area and the social
impact on the community.

The refusal of the application is recommended.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Options

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

Attachments

• Objection

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

2.4 5692-5694 CALDER HIGHWAY, KANGAROO FLAT 3555 -


SUBDIVIDE LAND INTO 13 LOTS, CREATION OF RESTRICTION
(BUILDING ENVELOPES), ALTERATION OF ACCESS TO A ROAD
ZONE CATEGORY 1, AND REMOVAL OF NATIVE VEGETATION (2
REMNANT PATCHES)

Document Information

Author Luke Bott, Senior Planner

Responsible Bernie O’Sullivan, Director Strategy and Growth


Director

Summary/Purpose

Application details: Subdivide land into 13 lots, creation of restriction (building


envelopes), alteration of access to a Road Zone Category 1,
and removal of native vegetation (2 remnant patches)
Application No: DS/513/2017
Applicant: C J Smith
Land: 5692-5694 Calder Highway, KANGAROO FLAT 3555
Zoning: General Residential Zone
Road Zone 1
Overlays: Bushfire Management Overlay
No. of objections: 4
Consultation A consultation meeting was held on 11 January 2018 and was
meeting: attended by the applicant, client, objectors and one Ward
Councillor.
Key considerations: • Compliance with the Planning Scheme
• Environmental impacts / risk (native vegetation, bushfire)
• Traffic impacts
• Out of character for neighbourhood
Conclusion: The site is located within the Bendigo Urban Growth Boundary,
is well connected to the transport network and within
reasonable distance to shops and community services.

The proposed subdivision layout and density is greater than


what is typified in the immediate area, however, this is
supported by the purpose of the zone and key State and local
policies.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Potential environmental and traffic impacts can be


appropriately managed and mitigated.

RECOMMENDATION

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 to subdivide land into
13 lots, creation of restriction (building envelopes), alteration of access to a Road Zone
Category 1, and removal of native vegetation (2 remnant patches) at 5692-5694 Calder
Highway, KANGAROO FLAT 3555 subject to the conditions at the end of this report.

~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context

City of Greater Bendigo Community Plan 2017 – 2021


Goal 4: Presentation and managing growth
Planning, developments and infrastructure that increase our liveability and pride in
where we live.
Goal 5: Environmental sustainability
Protect and enhance our environment, conserve our resources and increase
resilience to a changing climate.
Goal 6: Embracing our culture and heritage
Recognise and celebrate our unique history and diverse cultures.

Background Information

On 26 July 2016, Planning Permit DV/447/2013 was issued for the removal of native
vegetation and creation of new access to allow the construction of a dwelling and
outbuildings (which were never constructed). A Native Vegetation Credit Register –
Allocated credit extract was issued on 10 April 2014.

Figure 1: Approved area of native vegetation clearance

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

An application to develop the land identified as 5692-5694 Calder Highway was received
by the City of Greater Bendigo on 15 August 2017.

At the time the application was submitted there was no Bushfire Management Overlay
(BMO) covering the land. However, on 3 October 2017, the BMO mapping was updated
in planning schemes across Victoria, which resulted in the site being entirely covered by
the overlay.

After referral to the Country Fire Authority (CFA), they requested a revised Bushfire
Management Plan in their response dated 17 November 2017. The applicant provided
the additional information on 5 December 2017.

There were no objections received from any of the referral authorities, however, this was
subject to conditions being placed in the planning permit. Four objections were received
from surrounding residents, none of which have been withdrawn to date.

Report

Subject Site and Surrounds

The site is located approximately 1 kilometre south-east of Crusoe Reservoir, 1.6


kilometres south of Lansell Square shopping centre and 8.2 kilometres to the south-
south-west of the Bendigo CBD (Figure 2).

The property is irregular in shape and has a frontage of 41.4 metres and a maximum
depth of 201 metres. The land falls from east to west, approximately 16 metres over the
length of the property (~8% grade).

There are no buildings occupying the site, however, there is a moderate amount of native
vegetation with the more significant trees being located sporadically at the front and rear
of the property.

The streetscape is dominated by large, overhanging native trees that exist within the
60m road reserve. The larger sites also benefit from the established vegetation by
providing screening from highway vehicles.

The surrounding properties along the east of Calder Highway all accommodate medium
to large residences with setbacks ranging from 43 to 103 metres. Opposite the site, on
the west side of the highway, is a dwelling and large vacant parcel of land. Residences
are located further south along the road corridor and are predominately single dwellings
on larger lots.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Figure 2: Location map showing subject site and locality

Figure 3: Subject site and location of objectors' (red star)

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Proposal

The application seeks to subdivide the 9,906 square metre property into 13 lots; impose
building envelope restrictions on each lot; alter the access connecting the site with the
Calder Highway; and remove native vegetation.

The proposed lots have an average size of 496m2 and range from 383m2 to 649m2.
Each lot will have a 150m2 (10m x 15m) building envelope restriction in order to achieve
Rescode standards such as private open space and minimum garden area requirements.

A 3,453m2 Common Property area runs through the centre of the site and then deviates
along the southern and eastern boundaries. This will allow vehicular access and some
utility services to the lots.

Vegetation removal has been proposed to enable the development of the lots. A
Biodiversity Assessment Report was submitted with the application and identifies two
remnant patches of vegetation, totalling 0.460 hectares as having a Low risk-based
pathway.

Figure 4: Proposed plan of subdivision

Planning Controls - Greater Bendigo Planning Scheme

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

State Planning Policy Framework


• Clause 11 Settlement
• Clause 11.07 Regional Victoria
• Clause 11.14 Loddon Mallee South
• Clause 12 Environmental and landscape values
• Clause 13 Environmental risks

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

• Clause 13.05 Bushfire


• Clause 15 Built environment and heritage
• Clause 16 Housing

Municipal Strategic Statement


• Clause 21.02 Key issues and influences
• Clause 21.05 Compact Greater Bendigo
• Clause 21.10 Reference documents

Local Planning Policies


• Clause 22.01 Development at the Urban-Forest Interface Policy
• Clause 22.08 Highway entrances and boulevards policy
• Clause 22.18 Kangaroo Flat Residential Character Policy

Other Provisions
• Clause 32.08 General Residential Zone
• Clause 44.06 Bushfire Management Overlay
• Clause 52.17 Native vegetation
• Clause 52.47 Planning for Bushfire

Consultation/Communication

Referrals

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

Referral Comment
Powercor No objection subject to two conditions
Coliban Water No objection subject to two conditions
Downer (Ausnet Gas Services) No objection subject to one condition
Country Fire Authority No objection subject to one condition
VicRoads No objection subject to five conditions
CoGB Traffic & Design No objection subject to conditions
CoGB Drainage No objection subject to conditions

Public Notification

The application was advertised by way of notice on the site for 14 days (commenced 9
October 2017) and letters to adjoining and nearby owners and occupiers.

As a result of advertising, four objections were received, with the main grounds of
objection being:

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

• Proposal is out of character for the area


• Destruction of native vegetation and impact on fauna
• Potential traffic hazard between resident vehicles and highway traffic
• Hazard for pedestrians walking along path
• Overdevelopment of site
• Lot 12 and 13 too close to 5696 residence
• Reduced property value for existing properties
• Increase in noise and traffic
• Vehicle congestion during emergency evacuation

A consultation meeting was held on 11 January 2018 and was attended by the applicant,
client/proponent, objectors and one Ward Councillor. After consideration of the matters
raised, the applicant elected to progress the proposal in its original form.

The grounds of objections are discussed further below.

Planning Assessment

State policies

The purpose of State policy in planning schemes is to inform planning authorities and
responsible authorities of those aspects of State planning policy which they are to take
into account and give effect to in planning and administering their respective areas. The
following clauses have been extracted from the Planning Scheme as they are deemed
most pertinent to this application:

Clause 11 Settlement
This policy includes the objective to promote the sustainable growth and development of
Victoria and deliver choice and opportunity for all Victorians through a network of
settlements. Focusing growth in places of State significance such as Bendigo is a key
strategy within this section of the Planning Scheme.

Clause 11.07 Regional Victoria


The objective of this policy is to develop regions and settlements which have a strong
identity, are prosperous and are environmentally sustainable; and to manage growth in
peri-urban areas to protect and enhance their identified valued attributes.

Clause 11.14 Loddon Mallee South


There are two objectives within this policy of particular relevance to this application:
• To manage population growth and settlements; and, to protect and enhance the
natural and built environment. Strategies to help achieve this include support Bendigo
as the regional city and the major population and economic growth hub for the region,
offering a range of employment and services; and,
• To protect and improve the condition of the region’s important environmental assets
such as forests, wetlands and rivers.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Clause 12 Environmental and landscape values


The objectives of this clause includes: to assist the protection and conservation of
Victoria’s biodiversity and, to ensure that there is no net loss to biodiversity as a result of
the removal, destruction or lopping of native vegetation.

Clause 13 Environmental risks


Bushfire planning states the objective to strengthen the resilience of settlements and
communities to bushfire through risk-based planning that prioritises the protection of
human life. Strategies include prioritising the protection of human life and better
identification of bushfire hazards and risk assessments.

Clause 15 Built environment and heritage


The objective of the ‘neighbourhood and subdivision design’ is to ensure the design of
subdivisions achieves attractive, liveable, walkable, cyclable, diverse and sustainable
neighbourhoods.

Clause 16 Housing
Planning should provide for housing diversity and ensure the efficient provision of
supporting infrastructure. New housing should have access to services and be planned
for long term sustainability, including walkability to activity centres, public transport,
schools and open space. Planning for housing should include providing land for
affordable housing.

Objectives of this policy include:


• To promote a housing market that meets community needs;
• To locate new housing in or close to activity centres and in urban renewal precincts
and sites that offer good access to jobs, services and transport;
• To provide for a range of housing types to meet increasingly diverse needs;
• To deliver more affordable housing closer to jobs, transport and services.

Municipal Strategic Statement


Clause 21.02 Key issues and influences
Applicable sections of this policy include:
• Lack of diversity in housing - the Compact Greater Bendigo section of this policy talks
about the mismatch between household structure and the type of dwellings being
built.
• Managing risk – bushfire is identified as a key environmental risk for Greater Bendigo
to manage.
• Native vegetation - Native vegetation in and around Bendigo and across the
municipality is a key contributor to the character of the City. The management of this
vegetation, particularly at the interface with residential development, is a key
challenge. From a strategic perspective, it is important that significant vegetation not
be included in a zone that would place the vegetation under threat.

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Clause 21.05 Compact Greater Bendigo


Relevant objectives of this policy include: to provide a policy framework on the timing and
direction of urban growth and consolidation for the urban areas of Greater Bendigo and
to better manage the City’s growth by focusing development into designated growth
areas, preventing development in areas which Council wants to protect, and
discouraging proposals to expand the urban area except where consistent with the
Bendigo Urban Area Residential Growth Framework.

The 10 minute neighbourhood objective is to create attractive neighbourhoods that


feature well designed residential and mixed use developments, offer a range of housing
choices, convenient access to public transport and activity centres, and have community
and commercial facilities that are highly accessible by a variety of transport modes, in
particular walking and cycling.

The housing density and diversity objective states the following, which is a key provision
to consider in this assessment:
• To provide a greater choice in housing types and densities that responds to
community needs.

The objective of managing risk includes: to manage development in areas of risk from
bushfire and flooding.

Clause 21.10 Reference documents


Greater Bendigo Residential Strategy, October 2014 (amended March 2016) is
discussed in the Planning Assessment section of the report.

Local Planning Policies


Clause 22.01 Development at the urban-forest interface policy
The principal objective of this policy is to ensure residential development protects and
maintains the environmental values of the forested areas surrounding Bendigo.

A privately-owned forested piece of land adjoins the eastern boundary of the subject site.
A 24 metre buffer is provided between Lot 5's building envelope and the adjoining forest
boundary. Building envelopes have been incorporated into the Plan of Subdivision and a
Bushfire Management Plan has been reviewed and endorsed by CFA.

Clause 22.08 Highway entrances and boulevards policy


Objectives of this policy include:
• To ensure that the use and development of land does not lessen the service, safety,
role and amenity of main roads.
• To encourage an appropriate scale, intensity, design, appearance and presentation of
land uses and developments along highways and main roads.
• To limit the number of access points to highways and main roads and to ensure that
new access points do not interfere with the safety of such roads.
• To avoid further linear or ribbon development along highways and main roads.
• To protect existing areas of vegetation along and adjacent to highways and main
roads.

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• To ensure that new uses and developments do not detract from the value of existing
landscapes. To provide for value adding and related commercial development within
existing nodes.

Clause 22.18 Kangaroo Flat Residential Character Policy


The site is located outside the seven precincts identified in Map 1 of the policy. Although
the site is located outside of Precinct 6 it surrounded by it and reference to the character
description should have some recognition. This is as follows:
This area is newly developed with small setbacks and numbers of larger dwellings,
but in parts substantial remnants of native vegetation make it distinctive. The native
vegetation character is strongest when the vegetation flows from block to block and
into the road reserve.

Officer comment on the SPPF, MSS and LPPF:


Infill development of this style is broadly supported by State policy at Clause 11
(Settlement) and 16 (Housing), the Loddon Mallee South Regional Growth Plan (Clause
11.12) and by the Compact Greater Bendigo policy at Clause 21.05.

The subdivision would allow for urban consolidation which will utilise existing services,
infrastructure and an undeveloped parcel of residentially zoned land. The proposal would
also assist in implementing the urban containment policy aims found within the Compact
Greater Bendigo policy and the Key issues and influences section of the MSS (Clause
21.02).

The site falls within the Urban Growth Boundary and is zoned for residential purposes
which specifically encourages development within the UGB and diversity of housing
choices to help support a growing city.

Other Provisions
Clause 32.08 General Residential Zone
The purpose of this zone is to:
• Implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies;
• Encourage development that respects the neighbourhood character of the area;
• Encourage a diversity of housing types and housing growth particularly in locations
offering good access to services and transport;
• Allow educational, recreational, religious, community and a limited range of other
non-residential uses to serve local community needs in appropriate locations.

Pursuant to Clause 32.08-3, a permit is required to subdivide land. An application to


subdivide land that creates a vacant lot capable of development for a dwelling must
ensure that each lot created contains the minimum garden area set out in Clause 32.08-
4. Where a vacant lot less than 400 square metres is created, that lot must contain at
least 25 percent of the lot as garden area.

The proposed lots have an average size of 496m2 and range from 383m2 to 649m2.
Each lot will have a 150m2 (10m x 15m) building envelope restriction in order to achieve
the minimum garden area requirements.

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An application to subdivide land must meet the requirements of Clause 56 and must
meet all of the objectives included in the clauses specified in the following table. A
summary assessment of Clause 56 is provided below.

Clause 56 Residential subdivision

The General Residential Zone stipulates that all applications to subdivide land must
comply with all objectives of ResCode.

The application has been assessed against all the relevant objectives and standards of
Clause 56 and is outlined below:

Provision Objective Response


Clause 56.01-1 Subdivision site and A satisfactory subdivision site and context
context description description was provided in the application for
a Planning Permit report, dated August 2017.
56.01-2 Subdivision design The Application for a Planning Permit report
response briefly states that the proposed design has
responded to the site and context description
and refers to the subdivision plan. Throughout
the report this has been satisfactorily
addressed.
56.03-5 Neighbourhood character Meets objective. The applicant has
Objective: To design subdivisions demonstrated that neighbourhood character
that respond to neighbourhood has been considered in the design and layout
character. of the subdivision. Although adjoining
properties are larger lots with single dwellings,
there are properties in close proximity (to the
north) that have much smaller lot sizes, eg 6
lot subdivision at 5710 Calder Hwy.

As stated in Planning Practice Note 43,


"respecting character does not mean
preventing change. The neighbourhood
character standard is not intended to result in
the replication of existing building stock or stop

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Provision Objective Response


change… it is important that respecting
character is not taken too literally, as a new
character will emerge in response to these
new social and economic conditions." In
applying this to the application, the number of
new lots proposed is not copying the adjoining
properties, ie single dwellings on large lots,
however, the proposal is more in keeping with
the wider area which has smaller lots and
reduced setbacks.

The application does not protect significant


vegetation which is an item of Standard C6.
56.04-1 Lot diversity and Meets objective. Proposed lots range from
distribution Objective: 383m2 to 649m2 which can accommodate a
• To achieve housing densities that range of housing options.
support compact and walkable
neighbourhoods and the efficient The site is not within reasonable walking
provision of public transport distance to Lansell Square shopping centre,
services. however, there is a bus stop 830 metres to the
• To provide higher housing north that can be accessed by a designated
densities within walking distance path.
of activity centres.
• To achieve increased housing The site is within the UGB.
densities in designated growth
areas.
• To provide a range of lot sizes to
suit a variety of dwelling and
household types.
56.04-2 Lot area and building Meets objective. Aerial and context plan
envelopes Objective: to provide lots depicts 10m x 15m building envelopes.
with areas and dimensions that
enable the appropriate siting and
construction of a dwelling, solar
access, private open space, vehicle
access and parking, water
management, easements and the
retention of significant vegetation
and site features.
56.04-3 Solar orientation of lots Meets objective. The parent property is
Objective: to provide good solar oriented in a north-east to south-west
orientation of lots and solar access direction. Lots 5-7 are within the north 20
for future dwellings. degrees west to north 30 degrees east range,
and lots 1-4 & 8-13 are generally within the
east 20 degrees north to east 30 degrees
south range.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Provision Objective Response


56.04-3 Street orientation Meets objective. All lots will front the common
Objective: to provide a lot layout property.
that contributes to community social
interaction, personal safety and
property security.
56.04-3 Common area Meets objective. Common Property is
Objectives: to identify common required to provide access to new lots and
areas and the purpose for which the landscaping.
area is commonly held; to ensure
the provision of common area is Common Property will be owned and
appropriate and that necessary managed by an Owners Corporation.
management arrangements are in
place; to maintain direct public
access throughout the
neighbourhood street network.
56.05-1 Integrated urban landscape Meets objective. No new streets or public
Objectives: to provide attractive and open space are proposed as part of
continuous landscaping in streets development.
and public open spaces that
contribute to the character and Internal landscaping to incorporate into the
identity of new neighbourhoods and surrounding environment.
urban places or to existing or
preferred neighbourhood character
in existing urban areas; to
incorporate natural and cultural
features in the design of streets and
public open space where
appropriate; to protect and enhance
native habitat and discourage the
planting and spread of noxious
weeds; to provide for integrated
water management systems and
contribute to drinking water
conservation.
56.06-1 Integrated mobility Meets objective (second and third).
Objectives: to achieve an urban
structure where compact and C. 56.06-3 exempt for this application.
walkable neighbourhoods are
clustered to support larger activity
centres on the Principal Public
Transport Network in Metropolitan
Melbourne and on the regional
public transport network outside
Metropolitan Melbourne. To provide
for walking (including persons with
impaired mobility), cycling, public
transport and other motor vehicles

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Provision Objective Response


in an integrated manner. To
contribute to reduced car
dependence, improved energy
efficiency, improved transport
efficiency, reduced greenhouse gas
emissions and reduced air pollution.

56.06-2 Walking and cycling Meets objective. New lots are connected to
network Objectives: to contribute to the existing shared path that runs along the
community health and wellbeing by east side of Calder Highway. However, the
encouraging walking and cycling as distance to the nearest shops is approximately
part of the daily lives of residents, 1.6km. Six unsignalised intersections need to
employees and visitors; to provide be crossed in order to access Lansell Square
safe and direct movement through so this may discourage some residents.
and between neighbourhoods by
pedestrians and cyclists; to reduce
car use, greenhouse gas emissions
and air pollution.
56.06-4 Neighbourhood street Meets objective.
network Objective: to provide for
direct, safe and easy movement
through and between
neighbourhoods for pedestrians,
cyclists, public transport and other
motor vehicles using the
neighbourhood street network.
56.06-5 Walking and cycling No paths proposed as part of this
network detail development.
Objectives: to design and construct
footpaths, shared path and cycle
path networks that are safe,
comfortable, well-constructed and
accessible for people with
disabilities; to design footpaths to
accommodate wheelchairs, prams,
scooters and other footpath bound
vehicles.
56.06-7 Neighbourhood street No new streets proposed as part of this
network detail subdivision.
Objective: to design and construct
street carriageways and verges so
that the street geometry and traffic
speeds provide an accessible and
safe neighbourhood street system
for all users.
56.06-8 Lot access Meets objective. The lots will be accessed

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Provision Objective Response


Objective: to provide for safe from Calder Highway via south bound lanes
vehicle access between roads and only. North bound vehicles will need to
lots. continue to Phillis Street to carry out a U-turn.

Crossover will be constructed to VicRoads


standards and specifications.
56.07-1 Drinking water supply Meets objective. Lots will be connected to
Objectives: to reduce the use of reticulated water services.
drinking water; and to provide an
adequate, cost-effective supply of
drinking water.
56.07-2 Reused and recycled water N/A. Service not available to site.
Objective: to provide for the
substitution of drinking water for
non-drinking purposes with reused
and recycled water.
56.07-3 Waste water management Meets objective. All lots will be connected to
Objective: to provide a waste water reticulated sewerage services.
system that is adequate for the
maintenance of public health and
the management of effluent in an
environmentally friendly manner.
56.07-4 Urban run-off management Meets objective. The City's Drainage
Objectives: to minimise damage to Engineer has provided conditions to be placed
properties and inconvenience to in the Planning Permit to address this matter.
residents from urban run-off; to
ensure that the street operates
adequately during major storm
events and provides for public
safety; and, to minimise increases
in stormwater run-off and protect
the environmental values and
physical characteristics of receiving
waters from degradation by urban
run-off.
56.08-1 Site management Meets objective. A Construction Management
Objectives: to protect drainage Plan will be required as a condition of permit,
infrastructure and receiving waters which will address erosion and sedimentation
from sedimentation and controls, dust suppression, protection of any
contamination; to protect the site vegetation to be retained etc.
and surrounding area from
environmental degradation or
nuisance prior to and during
construction of subdivision works;
and, to encourage the re-use of
materials from the site and recycled

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Provision Objective Response


materials in the construction of
subdivisions where practicable.
56.09-1 Shared trenching Meets objective. Shared trenching will be
Objectives: to maximise the utilised where appropriate.
opportunities for shared trenching;
and, to minimise constraints on
landscaping within street reserves.
56.09-2 Electricity, Meets objective. The site can be fully
telecommunications and gas serviced with electricity, telecommunications
Objectives: to provide public utilities and gas. Conditions requested by servicing
to each lot in a timely, efficient and authorities will be placed on the permit.
cost effective manner; and, to
reduce greenhouse gas emissions
by supporting generation and use of
electricity from renewable sources.
56.09-3 Fire hydrants Meets objective. New fire hydrants must be
Objective: to provide fire hydrants provided for the subdivision to the satisfaction
and fire plugs in positions that of Coliban Water and the CFA.
enable fire fighters to access water
safely, effectively and efficiently.
56.09-4 Public lighting Meets objective. Public lighting will be
Objectives: to provide public lighting provided in accordance with Australian
to ensure the safety of pedestrians, Standards.
cyclists and vehicles; to provide
pedestrians with a sense of
personal safety at night; and, to
contribute to reducing greenhouse
gas emissions and to saving
energy.

Native vegetation removal

Vegetation removal is proposed to enable the development of the new residential lots. A
Biodiversity Assessment Report was submitted with the application and identifies two
remnant patches of vegetation, totalling 0.460 hectares and having a Low risk-based
pathway (Figure 6).

Referral of the application to the Department of Environment, Land, Water, and Planning
was not required as the total area of vegetation removal was less than 0.5 hectares.

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Figure 5: Marked native vegetation to be removed

The application was submitted prior to amendment VC138 (new native vegetation
guidelines) which came into effect on 12 December 2017. As such, the application has
been assessed against the previous provisions of Clause 52.17 and the ‘decision
guidelines’ as stated in Clause 52.17-5. These include:
• The contribution that native vegetation to be removed makes to Victoria’s biodiversity.
This is determined by:
o The extent and condition of the native vegetation.
o The biodiversity value of the native vegetation, including whether the native
vegetation is important habitat for rare or threatened species.

Total extent of the remnant patches is 0.460 hectares which has a condition score of
0.578. This results in a risk-based pathway of low. Native vegetation removal of this
size is not expected to have a significant impact on the habitat of any rare or
threatened species.

• Whether the removal of native vegetation is defined as being in the low, moderate or
high risk-based pathway, as defined in the Permitted clearing of native vegetation –
Biodiversity assessment guidelines (Department of Environment and Primary
Industries, September 2013) and apply the decision guidelines accordingly.

The risk-based pathway for this application is identified as low due to its extent being
less than 0.5 hectares.

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The applicant’s primary justification for the vegetation removal is to enable the future
construction of residential buildings and associated infrastructure. Although the
provisions of Clause 52.17 and the Permitted clearing of native vegetation – Biodiversity
assessment guidelines deserves greater attention in the application for planning permit
report, the Biodiversity Assessment Report has been sufficiently addressed.

The further removal of native vegetation from the site will have some amenity loss for
adjoining residents, however, this will not have a significant impact on the wider natural
environment or neighbourhood character of the area. Based on the condition score of
0.578 for the vegetation to be removed, if a permit is granted it will include a condition
will include the offset requirements below:

Bushfire protection

The entire site is covered by the Bushfire Management Overlay (BMO). The purpose of
this policy is:
• To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
• To ensure that the development of land prioritises the protection of human life and
strengthens community resilience to bushfire.
• To identify areas where the bushfire hazard warrants bushfire protection measures to
be implemented.
• To ensure development is only permitted where the risk to life and property from
bushfire can be reduced to an acceptable level.

A Bushfire Management Statement was prepared by Regional Planning and Design Pty
Ltd and submitted with the application. The report satisfactorily addresses the
requirements of Clause 44.06 (BMO) and associated Clause 52.47 Bushfire Protection –
Planning Requirements provisions.

The Country Fire Authority was referred the application under Section 55 of the Planning
and Environment Act 1987. The proposal is supported subject to all mandatory
conditions of the Planning Scheme being included in the permit and an additional
condition that refers to the approved Bushfire Management Plan dated 21 November
2017.

All of the above conditions will be incorporated into the planning permit.

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Traffic impact

Once fully developed, this site has the potential to produce approximately 104 to 130
vehicle trips per day. Access to the property is via the Calder Highway which is a State
declared arterial road and under the management of VicRoads.

The application was referred to both VicRoads under Section 55 of the Planning and
Environment Act 1987, and also to the City's Transport Engineer for any comments on
the internal road configuration. No objections or concerns were stated in the responses,
subject to conditions being placed on the planning permit. All recommended conditions
will be incorporated into the permit.

Conclusion

This application has been assessed against a range of State and local policies and the
grounds of objection presented by the residents in the subject area. The matters of
vegetation clearance, neighbourhood character and potential traffic impacts have been
carefully considered.

The subdivision would allow for urban consolidation which will utilise existing services,
infrastructure and an undeveloped parcel of residentially zoned land. The proposal would
also assist in implementing the urban containment policy aims found within the Compact
Greater Bendigo Policy and the Key issues and influences section of the MSS (Clause
21.02).

It is acknowledged that the development of this site for residential purposes will result in
some change to what currently exists in the proximate area of this site. However, the
purpose of the General Residential Zone, compliance with Clause 56 and the location of
land within the Urban Growth Boundary strongly support a proposal of this nature.

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

• Objections

Proposed Notice of Decision 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.

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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.

7 LANDSCAPE PLAN
Before a statement of compliance is issued for each stage of the subdivision a
landscape plan for the relevant stage must be submitted to the satisfaction of
the responsible authority. When approved, the plan will be endorsed and then
form part of the permit.

8 LANDSCAPING MAINTENANCE
The landscaping works shown on the endorsed plans must be maintained to the
satisfaction of the responsible authority for 24 months after the works are
completed, including that any dead, diseased or damaged plants are to be
replaced.

9 SECTION 173 AGREEMENT


(a) Building envelopes
Before the plan of subdivision is certified the owner must enter into an
agreement with the responsible authority under section 173 of the Planning
and Environment Act 1987 and must make application to the Registrar of
Titles to have the agreement registered on the title to the land under section
181 of the Act, which provides that:
- On each lot to be created, buildings may be constructed only within the
building envelopes as shown on the endorsed plans.
The building envelopes cannot be varied except with the consent of the
responsible authority.
(b) Minimum garden area requirement
Prior to the certification of the plan of subdivision, the owner must enter into
an agreement under Section 173 of the Planning and Environment Act
1987, which provides that any lot created must provide the minimum
percentage of garden area required at ground level as set out in clause
32.08-4 of the Greater Bendigo Planning Scheme to the satisfaction of the

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responsible authority. The agreement must include a mechanism which


would allow the responsible authority to vary or delete the garden area
requirement by written consent, in the event of legislative changes.
(c) The owner must pay the reasonable costs of the preparation, execution and
registration of the section 173 agreement.

10 NATIVE VEGETATION REMOVAL


(a) In order to offset the removal of native vegetation approved as part of this
permit, the applicant must provide a native vegetation offset that meets the
following requirements.
The offset must:
- Contribute a gain of 0.176 general biodiversity equivalence units
- Be located within the North Central Catchment Management Authority
(CMA); and,
- Have a strategic biodiversity score of at least 0.350.
(b) Offset evidence:
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:
- A credit register extract from the Native Vegetation Credit Register; or
- 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.

11 FENCING REQUIREMENTS
(a) The fencing to the western boundary (Calder Highway) of proposed lot 1
and lot 13 must be of an open style design approved by the responsible
authority with a height no more than 1.5m height.

ENGINEERING CONDITIONS:
12 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) Drainage easements
(e) Stormwater quality

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(f) Stormwater detention


- Allowable Discharge: Q10% = 55 l/s

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) Underground drainage;
(b) Underground conduits for water, gas, electricity and telephone.

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 & 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; and
(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 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 and
(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.

17 CAR PARK LAYOUT


(a) Parallel parking bays that are not end bays must be 6.7m long. End bays
may be reduced to 5.5m long.

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(b) The entry/exit, the internal roadway and the parking areas must be sealed
and the car parking spaces line marked and maintained to responsible
authority's satisfaction.

18 SIGHT DISTANCE AT PROPERTY BOUNDARY


(a) The subdivision must ensure minimum sight lines for pedestrian safety are
provided at the exit lane frontage so as to accord with Clause 52.06-8.
(b) Sight distance at the access driveway must comply with AS/NZS
2890.1:2004 Fig 3.2

19 VEHICLE CROSSINGS / DRIVEWAYS


(a) Any new or otherwise vehicular entrances to the subject land from the road
shall be constructed at a location and of a size and standard satisfactory to
the responsible authority. The vehicle crossing(s) must be constructed at
the applicant’s expense to provide ingress and egress to the site to the
satisfaction of the responsible authority. The crossover must be no less
than 4.9 metres in length and include a pipe of a diameter suitable to
accommodate the actual volume/flow (having a minimum diameter of 300
mm). Culverts located in the clear zone shall be installed with trafficable end
walls (refer VicRoads standard drawing SD 1991). The final location of the
crossing is to be approved by the responsible authority via a Works within
Road Reserves permit.
(b) The proposed driveway must join to the existing footpath, not replace it.
(c) All vehicles must enter and exit the site in a forwards direction.

REFERRAL AUTHORITY CONDITIONS:


20 COLIBAN WATER
(a) The owner is required to provide reticulated water and sewerage services to
each of the lots within the subdivision and comply with any requirements
arising from any effect of the proposed development on Coliban Water
assets. Services are to be provided and amended where necessary in
accordance with our specifications.
(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.

21 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:
i. Provide an electricity supply to all lots in the subdivision in accordance
with Powercor’s requirements and standards, including the extension,
augmentation or re-arrangement of any existing electricity supply system,
as required by Powercor.
ii. 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. You shall arrange compliance
through a Registered Electrical Contractor and provide to Powercor
Australia Ltd a completed Electrical Safety Certificate in accordance with

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Electricity Safe Victoria’s Electrical Safety System.


iii. 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.
iv. Any buildings must comply with the clearances required by the Electricity
Safety (Installations) Regulations.
v. Any construction work must comply with Energy Safe Victoria’s “No Go
Zone” rules.

22 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 provider’s requirements and relevant legislation at
the time.
- 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 provider’s requirements and relevant legislation at
the time.
- 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.

23 AUSNET SERVICES (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.

24 COUNTRY FIRE AUTHORITY


(a) Mandatory condition:
Before the statement of compliance is issued under the Subdivision Act
1988 the owner must enter into an agreement with the responsible authority
under Section 173 of the Planning and Environment Act 1987. The
agreement must:
- State that it has been prepared for the purpose of an exemption from a
planning permit under Clause 44.06-2 of the Greater Bendigo Planning
Scheme.
- Incorporate the plan prepared in accordance with Clause 52.47-2.4 of
this planning scheme and approved under this permit.
- State that if a dwelling is constructed on the land without a planning
permit that the bushfire protection measures set out in the plan

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incorporated into the agreement must be implemented and maintained to


the satisfaction of the responsible authority on a continuing basis.
The land owner must pay the reasonable costs of the preparation,
execution and registration of the Section 173 Agreement.
(b) Bushfire Management Plan:
The Bushfire Management Plan (BMO Defendable Space & BAL Plan
Drawing No: 12049- BMO01-Rev C, dated 21/11/2017) must be endorsed
to form part of the permit, be included as an annexure to the section 173
agreement and must not be altered unless otherwise agreed in writing by
the CFA and the responsible authority.

25 VICROADS
(a) Vehicular access to Lot 1 and Lot 13 must be located at the eastern end of
their respectively property boundaries.
(b) Garbage collection must be undertaken on the Common Property. That is,
no garbage collection is permitted on the Calder Highway road reserve.
(c) Prior to Certification of the Plan of Subdivision, plans must be submitted to
and approved by the Roads Corporation. When approved by the Roads
Corporation, the plans may be endorsed by the Responsible Authority and
will then form part of the permit. The plans must be drawn to scale with
dimensions and copies must be provided. The plans must be annotated and
not be restricted to show:
Provide the swept path analysis for:
i. An 8.8 metre length design vehicle turning left into the subject land (at 10
km/h (min) and with 0.3 metre clearances on both sides of the vehicle)
whilst simultaneously a B85 car is turning left onto the Calder Highway
(and vice versa);
ii. A 12.5 metre length rigid check vehicle turning left into and out of the
subject land.
(d) Prior to the issue of a Statement of Compliance the following must be
undertaken to the satisfaction of and at no cost to the Roads Corporation:
i. The existing crossover to the pavement of the Calder Highway must be
upgraded to be sealed in asphalt from the edge line of the Calder
Highway to the road reserve boundary.
ii. All disused or redundant vehicle crossings must be removed and the
nature strip area reinstated.
(e) Driveways must be maintained in a fit and proper state so as not to
compromise the ability of vehicles to enter and exit the site in a safe manner
or compromise operational efficiency of the road or public safety (e.g. by
spilling gravel onto the roadway).

26 EXPIRY OF THE PERMIT


(a) The plan of subdivision is not certified within two years from the date of this
permit; or
(b) The subdivision is not completed within five years from the date of
certification of the plan of subdivision.
The responsible authority may extend the time for certification of the plan if a
request is made in writing before the permit expires or within six months
afterwards.

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2.5 194 UPPER CALIFORNIA GULLY ROAD, CALIFORNIA GULLY 3556-


SUBDIVISION OF LAND INTO THREE LOTS

Document Information

Author Chris Duckett, Planning Coordinator

Responsible Bernie O’Sullivan, Director Strategy and Growth


Director

Summary/Purpose

Application details: Subdivision of land into three lots


Application No: DS/918/2015
Applicant: Hadden Farren Land Surveyors Pty Ltd
Land: 194 Upper California Gully Road, CALIFORNIA GULLY 3556
Zoning: General Residential Zone
Overlays: N/A
No. of objections: The proposal was not advertised.
Consultation A consultation meeting was not required.
meeting:
Key considerations: • Whether the proposal is consistent with the Greater
Bendigo Planning Scheme; and
• Whether amenity impacts and the risk of potential gas
migration from the nearby Eaglehawk Landfill has been
appropriately addressed.
Conclusion: The applicant has appealed to the Victorian and Civil
Administrative Tribunal (VCAT) against the City’s failure to
determine the application within the statutory timeframe. This
report recommends Council establish the position of not
supporting the proposal at the VCAT hearing scheduled for 27
June 2018.

It is the opinion of the assessing officer and the Environment


Protection Authority (EPA) that the amenity impacts and
environmental risk of potential gas migration from the nearby
Eaglehawk Landfill has not been addressed and consequently
there is the potential for adverse amenity impacts and health
impacts on the future occupants of the proposed lots.

EPA has advised that in order to address this issue, an


environmental audit will need be conducted on the landfill site.

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RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo
City Council resolve to establish the position of refusal to grant a planning permit for the
subdivision of land into three lots at 194 Upper California Gully Road, CALIFORNIA
GULLY 3556 for the following reason:
1. The proposal would create amenity impacts and an unacceptable environmental risk
due to the potential for gas migration from the nearby Eaglehawk Landfill, contrary to
Section 60 of the Planning and Environment Act 1987, clauses 11 Settlement, 13
Environmental Risks, 19.03-5 Waste and resource recovery and 21.09-7
Infrastructure of the Greater Bendigo Planning Scheme.

~~~~~~~~~~~~~~~~~~~~~~~~~

Policy Context

City of Greater Bendigo Community Plan 2017 – 2021


Goal 2 Wellbeing and fairness
• Inclusive policies, partnerships and projects that increase access, improve health and
learning opportunities by building better connections, and quality of life for all.
Goal 4: Presentation and managing growth
• Planning, developments and infrastructure that increase our liveability and pride in
where we live.

Background Information

The subject site is located approximately 200m from the entrance to the Eaglehawk
Landfill. EPA Guidelines state that sensitive uses and development should not occur
within 500m of an active landfill. The main risks for sensitive uses are noise, odour and
landfill gas migration.

The Eaglehawk Landfill is in an unusual situation as part of the 500m buffer area is
already zoned and developed for residential use. The buffer does not currently have any
planning controls such as an overlay, to require planning permits for sensitive uses and
development.

There is a lack of certainty over the environmental risks associated with the site which
has prevented the City from making a decision on this planning application.

The application was lodged in December 2015.

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In January 2016, the City wrote to the permit applicant with the following advice:

"Your land is within 500m of the Eaglehawk Landfill. The recent EPA guideline,
Best Practice Environmental Management – Siting, Design, Operating and
Rehabilitation of Landfills 2015, means that before considering your application, the
City needs to ensure that your land will not be affected by any environmental threats
from the landfill, particularly gas migration.
The EPA has recommended that prior to any development being approved, an
environmental audit and risk assessment be undertaken to identify and manage any
potential risks of gas migration. The EPA has also said that audits undertaken by
the City could be used to provide this information. A risk assessment is currently
being commissioned to determine whether gas migration is likely from the
Eaglehawk Landfill. This assessment should satisfy EPA requirements and enable
a decision to be made on your application.
However, the assessment will not be complete until approximately March 2016
which means that consideration of your application will need to be put on hold until
then.
Alternatively, if you would prefer your application be considered prior to this time,
you can commission your own audit and risk assessment to satisfy EPA
requirements. You may need to seek advice from the EPA on how to achieve this.
The City believes that the risk of gas migration from the Eaglehawk Landfill is low as
gas is regularly monitored and extracted. However, we need to be completely
satisfied that this is the case before approving any further development around the
landfill."

The information requested was not provided and no written response to the request was
received.

An appeal against the City’s failure to grant a permit was lodged under Section 79 of the
Planning and Environment Act 1987 in December 2017.

The applicant’s Statements of Grounds submitted to VCAT are as follows:

The planning application was submitted on 9th December 2015. The planning
department communicated with the applicant on 7th January 2016 with notice that a
“risk assessment” as per EPA guidelines was required before the subdivision could
progress. This is due to the fact that the property is within 500m of the Eaglehawk
Recycle Centre (Tip). The assessment was to assess the methane release from
land fill site.
The risk assessment was due to take place in March 2016 by the EPA. It was later
communicated that the results were inconclusive and that there was no planned
timeframe for the Risk Assessment to be further addressed.
It was assumed that the proposed subdivision would be straight forward, as two
houses east of the property had recently been granted approval for a six lot
subdivision (188-190 Upper California Gully Road, California Gully).

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The above mentioned risk assessment on the landfill was completed in 2016 but was
inconclusive and a significant extent of further work is required to inform the assessment
of planning applications for residential development in the vicinity of the landfill.
Consequently the City has commissioned further risk assessments to be undertaken
around the landfill for noise, odour and gas migration in the 500m buffer area. The gas
migration assessment will involve monitoring over a period of 6 months with an expected
completion date prior to the end of 2018.

This matter is discussed in detail below.

Report

Subject Site and Surrounds

The subject site is located on the north east side of Upper California Gully Road. It is
rectangular in shape apart from having an angled rear boundary. It has a frontage of
26.49m, a depth of 48.23m and an overall area of 1,145 square metres. The site is
relatively flat and is predominantly clear of vegetation apart from some scattered trees
around the perimeter of the site.

A single storey brick dwelling is located at the south of the site. Vehicle access is via a
driveway at the western end of the site frontage and a carport is located at the west of
the dwelling. A large rear yard area is located to the north of the dwelling. Two
outbuildings are located at the north east of the site.

Adjoining the subject land to the south east and north west, at 192 and 196 Upper
California Gully Road, are single storey detached dwellings.

Further to the south east, at 188 and 190 Upper California Gully Road is a recent unit
development which comprises six dwellings.

Adjoining the subject site to the north (rear) is a unit development comprising four
dwellings (the development includes three additional dwellings which have not been
constructed).

Directly opposite the subject site at 187 Upper California Gully Road, is a landscape
garden retail premises.

Opposite the subject site (heading north west), at 191-193 Upper California Gully Road,
is the Eaglehawk Eco Centre Recycle Shop and the entry to the Eaglehawk Landfill.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Figure 1: Location map showing subject site.

Proposal

The proposal is for the subdivision of the land into three lots.

The existing dwelling will be retained and two battleaxe allotments will be created at the
rear of the site, with driveways at the south eastern and north western ends of the site
frontage. The propose lots to be created are as follows:

Proposed Lot Area


Lot 1 466sqm
Lot 2 321sqm
Lot 3 375sqm

A 3m wide drainage and sewerage easement will be provided along the north east (rear)
and north west (side) boundaries.

The existing conditions and subdivision layout are shown at figures 2 and 3 below.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Figure 2: Survey Plan of the subject site. Figure 3: Proposed subdivision layout.

Planning Controls - Greater Bendigo Planning Scheme

The site is in the General Residential Zone and not affected by any overlay controls.

The need for a planning permit is triggered by Clause 32.08-3 of the General Residential
Zone which states that a permit is required to subdivide land.

State Planning Policy Framework


• 11.05 Regional development
• 11.12 Loddon Mallee South Regional Growth Plan
• 11 Settlement
• 13 Environmental Risk
• 16 Housing
• 19.03 Waste and resource recovery

Municipal Strategic Statement


• 21.05 Compact Greater Bendigo
• 21.09 Integrated Transport and Infrastructure

Local Planning Policies


• 22.13 Eaglehawk Residential Character Policy

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Other Provisions
• 32.08 General Residential Zone
• 52.02 Easements, restrictions and reserves
• 56 Residential Subdivision
• 65 Decision Guidelines

Consultation/Communication

Public Notification

The application was not advertised as the City’s further information request was not
satisfied. If the further information had been submitted, the application would have been
advertised by way of notice on the site and letters to adjoining and nearby owners and
occupiers.

VCAT has subsequently directed the applicant to advertise the application.

Referrals

Referral Comment
Traffic & Design No objection subject to conditions
Drainage No objection subject to conditions
Powercor No objection subject to conditions
Downer No objection subject to conditions
Coliban Water No objection subject to conditions
EPA Objection

The EPA referral was undertaken as a notice under Section 52 of the Planning and
Environment Act 1987 in March 2018, in order to provide guidance on the EPA position
for the VCAT hearing.

The EPA no longer supports the landowner undertaking a Section 53V environmental
audit on the subject site and has suggested that the City reach an agreement with the
applicant to defer a decision until the City's current audit of Eaglehawk Landfill is
finalised.

Whilst the application cannot be processed as a landfill gas risk assessment has not
been prepared, the EPA response further complicates the issue as, should a Section 53v
audit be prepared by the applicant, there is a likelihood that it will not be to the
satisfaction of the EPA.

At a Practice Day Hearing on 4 May 2018, VCAT indicated that EPA would be joined as
a party to the appeal.

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Planning Assessment

Can the application be supported in the absence of a landfill risk assessment?

The key consideration in this application is the lack of information provided to satisfy the
City that there will be no offsite impacts from landfill gas migration and other amenity
impacts from the nearby Eaglehawk Landfill. The issue is explained in detail as follows:

EPA Publication 788.3 - Siting, Design, Operation and Rehabilitation of Landfills states:

"Buffer distances are set to reflect the potential impacts from landfilling activities.
Generally, the buffers are set to manage:
• Odour, which is of most concern during landfill operation;
• Landfill gas impacts, including the risk of explosion and/or asphyxiation. Landfill
gas potential risk remain post closure and for at least 30 years post-closure.

In considering any planning scheme amendment or planning permit applications, in


accordance with the Planning and Environment Act 1987, the planning or
responsible authority must have regard for the effects of the environment, including
landfill gas, on the development.

Proposed developments and any works within the recommended landfill buffer can
pose a safety risk by potentially providing preferential pathways for landfill gas
migration, or providing an environment where landfill gases can accumulate to
dangerous levels. All buildings and structures should be considered, including:
• Buildings and structures used for sensitive or non-sensitive uses
• Change of use
• Infrastructure installation
• Installation of pipelines.

Responsible planning authorities need to be provided with sufficient information by


the proponent to satisfy them that the proposed development or rezoning will not be
adversely impacted by its proximity to the landfill site.

Where the proposed development or planning scheme amendment would have the
effect of allowing development that encroaches into the recommended landfill buffer
area or increases the extent of development within the already encroached buffer
area, EPA recommends that the planning or responsible authority require an
environmental audit be conducted under Section 53V of the Environment Protection
Act 1970.

The audit must assess the risk of harm to the proposed development posed by the
potential offsite migration of landfill gas and amenity impacts resulting from the
landfill. Where a planning or responsible authority has relevant and sufficient
information from previous assessments or audits, then this may be relied on in
making a decision.

The Eaglehawk Landfill is categorised as a “type 2” landfill, which requires a 500m buffer
from sensitive uses. This is shown at figures 4 and 5 below, which are excerpts from
tables 4.1 and 8.2 of the above publication.

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Figure 4: Landfill categories

Figure 5: Required buffer distances

Figure 6: Subject site (marked with a red star) within the 500m buffer of the Eaglehawk Landfill

As the site is within the 500m buffer, the proposal cannot be supported in the absence of
a Section 53V Environmental audit which assesses the potential offsite migration of
landfill gas and amenity impacts resulting from the landfill.

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What direction is provided within planning legislation and the State and local planning
policies which addresses this issue?

Section 60 of the Planning and Environment Act 1987 outlines the matters that a
responsible authority must consider and states that:
Before deciding on an application, the responsible authority must consider . . . any
significant effects which the responsible authority considers the use or development
may have on the environment or which the responsible authority considers the
environment may have on the use or development.

Clause 11 – Settlement of the State Planning Policy Framework states:


Planning is to prevent environmental problems created by siting incompatible land
uses close together.

Clause 13 – Environmental Risks of the State Planning Policy Framework states:


Planning should adopt a best practice environmental management and risk
management approach which aims to avoid or minimize environmental degradation
or hazards.

Clause 19.03-5 – Waste and resource recovery of the State Planning Policy Framework
states:
Protect waste and resource recovery infrastructure against encroachment from
incompatible land uses by ensuring buffer areas are defined, protected and
maintained.

This policy also states:


Planning must consider as relevant:
Best Practice Environmental Management Guideline – Siting, Design, Operation and
Rehabilitation of Landfills

Clause 21.09-7 of the Local Planning Policy Framework –Infrastructure states:


To encourage the reuse and recovery of materials to minimise and manage the
environmental impacts of landfill.
Ensure that offsite impacts from the Eaglehawk Landfill, including gas migration, are
considered in land use planning decisions.

Given the above, there is clear direction that the permit applicant must address potential
landfill gas impact of the nearby Eaglehawk Landfill before a permit can be granted.

Why was the City unable to determine the application and what steps are being taken to
assist in determining similar applications in the future?

Whilst a Landfill Gas Risk Assessment was prepared by AECOM in 2016, the information
provided was inconclusive and the City was not able to assess the risk of potential landfill
gas migration to the subject site.

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The City is in the process of undertaking a series of risk assessments on noise, odour
and gas migration to inform a S53V audit. These assessments will include the
installation of further gas monitoring bores and 6 to 12 months of monitoring. This work
would most likely create a site specific buffer (as distinct to the default 500m buffer)
based on the environmental risk posed by the Eaglehawk Landfill. This will inform the
City as to where the risk of potential landfill gas migration lies, assisting assessment of
future development proposals.

The City is currently liaising with DELWP in order to obtain the landowner's consent for
the installation of the bores. Given the approvals process and gas monitoring
timeframes, the completion of the additional work is significantly delayed.

The current situation means that at this point in time, the City is unable to approve this
application or any similar applications received until there is more certainty on the risk.

In addressing the wider issue of development within proximity of the Eaglehawk Landfill,
it is important to note that the City has been provided with funding by the Metropolitan
Waste Resource Recovery Group to prepare a Planning Scheme Amendment to apply
an Environmental Significance Overlay around the Eaglehawk Landfill, which will be
based on buffer requirements.

Why are there other recently constructed unit developments within the 500m landfill
buffer and were Section 53v Environmental Audits required for these developments?

In their Statement of Grounds to VCAT, the permit applicant has referred to the approval
of a six lot subdivision at 188-190 Upper California Gully Road under permit ref:
DSD/415/2012.

At the time of this application, the City was unaware of the potential for gas migration
from the Eaglehawk Landfill until the preparation of the Eaglehawk Structure Plan in
2013. This document was adopted by Council in August 2013 and approved by the
Minister for Planning in August 2016, (C213).

The relationship between the landfill and the adjacent residential areas is discussed in
section 3.4 of the Eaglehawk Structure Plan which states:
"… given the recent changes to EPA policy which seeks a 500m buffer from landfill
sites, the establishment of additional residential development within the buffer zone
needs to be carefully managed."
Objectives
• Acknowledge the potential off-site impacts of the Eaglehawk Landfill site on
surrounding areas.
Strategies
• Consider impacts of the landfill site on surrounding residential development and
apply an Environmental Significance Overlay to ensure due consideration is given
to the potential impacts.
• Allow residential development of a similar intensity to existing adjoining
development within the buffer but do not allow any intensification of sensitive uses
until such time as the potential impacts from the landfill are ameliorated."

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Subsequent to the issue being raised, the City of Greater Bendigo met with the EPA to
discuss the issue of assessing planning applications for increased housing density within
the 500m buffer of the Eaglehawk Landfill. These meetings occurred in 2015.
At these meetings, the City of Greater Bendigo and the EPA agreed to create a standard
letter to permit applicants which outlined the requirement for a Section 53v
Environmental Audit and explained that the City was undertaking an audit of the landfill,
thus providing an option for applicants to defer their application until the City audit was
complete, creating significant cost savings for applicants.

The standardised letter was sent to the permit applicant for this particular application as
well as another application for four dwellings at 59 Watson Avenue, California Gully,
which was subsequently withdrawn.

Apart from the issue of potential impacts, including landfill gas migration, are there any
other reasons why the application should be refused?

The proposal seeks a three lot subdivision in an area where the proposed lot sizes are
consistent with a number of properties in the surrounding area. Under normal
circumstances (i.e. on land within the GRZ, outside of the buffer zone of the Eaglehawk
Landfill) it is likely that the application would have been supported.

The planning merits of the subdivision (setting aside the potential impact from the landfill)
are considered to be favourable, noting that:
• The site is located in an established suburban area that is well served by nearby
facilities.
• The proposed lot sizes are consistent with those found within the immediate
surrounding area and new development will be restricted to the rear of the site,
having minimal impact on the streetscape.
• The subdivision design allows for appropriate solar access with north facing living
areas and backyards.

It is, however, important to note that a further environmental issue would need to be
addressed before the application is progressed. The area surrounding the site has been
the subject of mining and therefore a preliminary environmental site assessment of
potential contaminants would need to be provided to demonstrate that the site is safe to
develop for residential intensification.

Conclusion

In the absence of an environmental audit that demonstrates otherwise, the proposal


presents an unacceptable health risk in terms of potential gas emissions from the nearby
landfill. Furthermore, other potential amenity impacts from the landfill have not been
addressed.

For this reason, the proposal is deemed inappropriate and it is recommended Council
establish the position of not supporting the proposal at the upcoming VCAT hearing.

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Options

In this case, being that the application is to be determined by the Tribunal, Council has
the options of establishing a position of either supporting the proposal or not supporting
the proposal as presented.

Attachments

Nil

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2.6 CONNECTING GREATER BENDIGO: INTEGRATED TRANSPORT


AND LAND USE STRATEGY UPDATE

Document Information

Author Chris Rowlands, Active Transport Strategic Planner

Responsible Bernie O’Sullivan, Director Strategy and Growth


Director

Purpose

The purpose of this Report is to provide an update on the progress of implementing


Connecting Greater Bendigo: Integrated Transport and Land Use Strategy (ITLUS).

Summary

ITLUS was adopted by Council on 26 August 2015, after significant community


consultation. There has now been progress on a number of actions and a governance
structure has been established to update the priorities within the Strategy, which focuses
our advocacy and investment. ITLUS was initially adopted with 153 actions, of which 21
were identified as priorities. Some of these actions have been completed, others are in
progress and some have not been started as yet for various reasons. Attached to this
report is a progress report on all actions.

RECOMMENDATION

That Greater Bendigo City Council note the progress of action within Connecting Greater
Bendigo: Integrated Transport and Land Use Strategy and continue to support and
participate in the governance structure to support the implementation of the Strategy.

~~~~~~~~~~~~~~~~~~~~~~~~~

Policy Context

Community Plan Reference:

Goal 4: Presentation and Managing Growth


4.3 – Continue to implement strategies that increase the capacity of transport networks
to better move people and goods and encourages walking, cycling and the use of public
transport.

Goal 5 Environmental Sustainability


5.1 – Drawing on the One Planet Living framework to connect the health of the natural
environment to the health and prosperity of our community. Principle 3 of the One Planet
Living Framework is Sustainable Transport.

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Strategy Reference (include weblink as applicable):

Connecting Greater Bendigo: Integrated Transport and Land Use Strategy (ITLUS) -
https://www.bendigo.vic.gov.au/About/Document-Library/connecting-greater-bendigo-
integrated-transport-and-land-use-strategy

Rural Communities Strategy


https://www.bendigo.vic.gov.au/sites/default/files/2018-01/City-of-Greater-Bendigo-Rural-
Communities-Strategy.pdf

Action 2.3 As part of the implementation of this strategy and ITLUS, work with Transport
for Victoria and DEDJTR to establish a Local Transport Forum for the rural communities
of the City in accord with recently released Regional Network Development Plan

Action 2.4 Continue to work with rural communities and Public Transport Victoria to
increase public transport services and establish a local transport forum with a particular
focus on:
- The Heathcote/Axedale/Junortoun/Bendigo bus service;
- Marong, Goornong and Raywood to Bendigo bus services;
- More services on the Echuca to Bendigo railway line;
- Re-opening of railway stations at Goornong and Raywood

Background Information

26 August 2015 - Connecting Greater Bendigo – Integrated Transport and Land Use
Strategy adopted by Council

26 September 2016 – An Active Transport Strategic Planner was appointed for a period
of 21 months (ending June 2018) to oversee the implementation of ITLUS

14 December 2016 – Planning Scheme Amendment C227, which references ITLUS in


the Greater Bendigo Planning Scheme, was adopted by Council and forwarded to the
Minister for Planning for approval.

2 March 2017 – Greater Bendigo Planning Scheme Amendment C227 was gazetted.

15 March 2017 – ITLUS Progress Report and Governance Structure for implementation
was adopted by Council.

Report

ITLUS is a large, long-term strategy and its actions reflect this. Transport as a sector is
also large and complex with numerous stakeholders and decision-makers. Local
Government certainly has a significant role to play in making transport decisions and
providing infrastructure, but as ITLUS highlights, the City has a facilitation role to play in
ensuring that decisions made in one part of the transport and land use system do not
adversely impact on other areas.

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In March 2017, Council adopted a proposed governance structure to assist in the


decision-making process to better implement ITLUS. This governance structure
facilitates communication between Council, City staff, community and various decision-
makers across the transport system. There are three levels to the structure as adopted
last year: Community Reference Group, Steering Committee and Technical Reference
Group. This structure enables better decision making and communication across the
region but also ensures focus on priorities for targeted advocacy and projects that build
on one another. This structure has now been in place since approximately September
2017 and has been functioning well.

As has been mentioned above, ITLUS contains 153 actions. Of these 153 actions, 21
were adopted as priority actions. Five of these priorities have been completed, 13 are in
progress (numerous are nearing completion) and three are yet to be started for various
reasons.

In total, 78 actions are in progress, 29 have been recognised as pieces of work that will
be ongoing for the foreseeable future, 36 are yet to be started and 10 of the actions are
now listed as complete. Attached to this report is a progress update on all actions.

A current example of a priority action being progressed is the works at the intersection of
Somerville and Ellis Streets. These works are funded through 'blackspot' funding and
include a crucial component of the pedestrian and cycling route from the La Trobe
University precinct to the Bendigo city centre. This came about through collaboration
across three different units and three different directorates to ensure a future-proof
intersection upgrade while addressing the goals of ITLUS. This serves as an example of
how value-adding to projects is a very efficient and effective approach to achieving the
vision set out in ITLUS.

The Bendigo Freight Study was also a priority project from ITLUS that has been
completed. The study gathered data from many freight generators and operators and
presents a clear picture of the freight industry as it currently stands, and where the sector
can be assisted to remain efficient and able to fulfil the growing demand for freight
across the City, region and State. The outcomes of the study are assisting in prioritising
various intersection improvements between the City and VicRoads. As a result of the
study, the National Heavy Vehicle Regulator encouraged the City to apply for funding
that would facilitate a major expansion in safety awareness programs. We are still
awaiting notification as to whether the application has been successful.

Behavioural change is another key component of being able to achieve the goals of
ITLUS. In 2017, Regional Sustainable Development and Active and Healthy Lifestyles
units worked together to attract a small amount of funding to run programs in three
primary schools along the Napier Street Corridor out to Huntly, helping students map
routes along which they could walk and ride to school. The program was well received
and the students were able to apply their bike education skills on their way to school.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

ITLUS is an award-winning strategy that is innovative and looked to as a leading


example in Australia. Producing innovative strategies must be backed up by undertaking
innovative actions also. The City is working on two different fronts with the State
Government and Monash University, investigating the feasibility of current and emerging
technology in electric buses. This is positioning Bendigo to have low and zero emission
bus fleets in the future.

In addition to the actions specified within ITLUS, a number of projects and investigations
that further the goals and aims of ITLUS have arisen also.

New Energy Jobs Fund:


Funding opportunities like the New Energy Jobs Fund, in which the City has been
successful in securing an $83,300 grant, has allowed the investigation and preparation a
business case for how large organisations within the Bendigo city centre and University
Precinct could collectively use bike fleets and share resources and costs.

Local Transport Forum:


Being able to influence existing and newly funded projects to result in better outcomes
has been increasingly important in the implementation of ITLUS. A great example of this
collaboration is the running of the Local Transport Forum by Transport for Victoria and
the City. This was the best attended forum of anywhere in Victoria with approximately 50
people attending from our rural areas to discuss solutions to transport issues in our small
towns.

Australia’s Regional Bicycle Capital


These opportunities are also found through successfully building relationships and
partnerships across different organisations and levels of government. The relocation to
Bendigo of Bicycle Industries Australia and the Cycling Promotion Foundation is an
example of this that has enabled us to greatly expand our networks and access to
knowledge across the cycling sector at a national level. Through this relationship we
were able to work with another organisation to pilot the first bicycle friendly community
accreditation outside of North America with Bendigo being awarded a silver award status
in early 2018. This status reflects the efforts of the City and community in the provision of
dedicated infrastructure, support for community events and the development of a cycling
culture in the City. Bicycle Friendly Community status has been applied for by over 1,500
cities in the United States with only 430 achieving recognition. The number of cities
achieving above a bronze ranking is approximately 100 cities, one of which is Bendigo.
Other cities with a silver ranking include New York, Chicago, Cleveland and New
Orleans. While our city may only be small in comparison, this is further proof that
Bendigo continues to punch above its weight in the quality of the city and community we
are creating.

Priority/Importance:

The continued implementation of ITLUS is of high importance as Greater Bendigo grows


to 200,000 people in the coming decades. Moving people and goods efficiently and
effectively will be critical for the economy, quality of life and the built and natural
environment.

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Presentation and Managing Growth - Reports Ordinary Meeting - 16 May 2018

Risk Analysis:

If sustainable transport and land use is not more effectively integrated and supported as
Bendigo grows, movement around the city may be detrimentally impacted. This would
result in a significant reduction in the quality of our environment and the overall liveability
for Bendigo.

Consultation/Communication

ITLUS is a multi-faceted strategy to better integrate transport and land use. As such,
extensive consultation is ongoing via the governance structure and informally across
many levels of government, community and organisations.

Resource Implications

In September 2016, the Active Transport Strategic Planner was appointed for a 21 month
period (ending June 2018). This resource has been responsible for the establishment of
the governance structure for the implementation of ITLUS, liaising internally and
externally with stakeholders and various government bodies. This role finishes at the end
of June 2018, however, the implementation of ITLUS will continue based on the
established governance structure and supported through existing staff resources.

Additional monetary resources would enable more projects to be completed, however,


ensuring adequate internal and external collaboration is occurring on a continual basis
via the governance structure and any other means available will ensure the goals of
ITLUS are delivered via all stakeholders and through value adding to other projects.

Attachments

1. ITLUS Actions Progress Update Spreadsheet

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Wellbeing and Fairness - Reports Ordinary Meeting - 16 May 2018

3. WELLBEING AND FAIRNESS

3.1 GREATER BENDIGO MUNICIPAL EARLY YEARS PLAN PROGRESS


REPORT

Document Information

Author Chris Kelly, Manager Community Wellbeing

Responsible Vicky Mason, Director Health and Wellbeing


Director

Purpose

To provide Council with a progress report on the implementation of the Greater Bendigo
Municipal Early Years Plan 2015/16 – 2018/19.

Summary

The Greater Bendigo Municipal Early Years Plan (MEYP) is a four year plan that aims to
improve the health and wellbeing outcomes for children, their families and carers. It
provides a vision and strategic direction for our early years with a focus on collaborative
responses to priorities identified by the community.

The plan was adopted by Council in March 2016 and partners with a number of agencies
as part of a whole of community approach to creating the best possible future for
children.

Each March an annual review process is undertaken to ensure the MEYP actions are
being achieved and continue to respond to community priorities. Both City service units
and contributing agencies have provided feedback on their progress in achieving their
respective actions and any changes required. A report and action plan update has been
prepared as part of this process (Attachment 1).

RECOMMENDATION

That the Greater Bendigo City Council resolve:

1. To adopt the Municipal Early Years Plan Annual Progress Report and Action Plan
Update 2018.

~~~~~~~~~~~~~~~~~~~~~~~~~

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Wellbeing and Fairness - Reports Ordinary Meeting - 16 May 2018

Policy Context

Community Plan Reference:

City of Greater Bendigo Community Plan 2017 - 2021

Goal 2 Wellbeing and fairness

Objective 2.4 Support participation and development for residents of all ages and
abilities

Objective 2.4.1 Continue to promote a child-friendly municipality

Actions 2017-18 Complete construction of the Strathfieldsaye Early Learning Centre


and undertake concept planning for the Huntly Early Years Hub.

Investigate the feasibility of the City of Greater Bendigo managing


pre-school enrolments centrally.

Deliver immunisations for infants and schoolchildren in accordance


with the National Immunisation Schedule and maintain immunisation
rates above 95% in the municipality.

Provide the Maternal and Child Health Universal program and


achieve participation rates of the Key Age and Stage visits for
children 12 months and under above 90%.

Extend the Enhanced Maternal and Child Health Program to support


families and vulnerable children from 0-1 year to 0-3 years.

Provide high quality child care services at Annie Galvin and Helen
Jessen Early Learning Centres and achieve utilisation rates above
85%.

Complete the annual actions of the Municipal Early Years Plan


including reviewing the City’s services.

Background Information

The MEYP is the City’s early years strategic framework through which the City
coordinates organisational effort, prioritises needs, plans for the future and supports
partnerships across the early years.

The City is committed to the early years and the MEYP details our broad ranging
investment which includes service delivery, planning, infrastructure provision,
partnerships, advocacy and community building to create a child friendly city.

To deliver on the MEYP new planning, leadership and advocacy roles were established
and mobilised for the City to complement the provision of existing services and
infrastructure. Implementing these new roles has led the City to strengthen its focus on
early childhood education and care and plan for infrastructure to meet community needs.

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Wellbeing and Fairness - Reports Ordinary Meeting - 16 May 2018

The key elements of the MEYP are the early years vision and six priority themes
developed following extensive community consultation, analysis of relevant government
plans and policies, recommendations from the internal early years review; and with
consideration of available resources.

Vision:
All children aged from birth to eight years and their families are part of an active, healthy
and safe child friendly community that promotes and provides real opportunities for
learning and development.

Priority Themes:
1. Safety of children: to develop a safe community for children and their families.
2. Environment and facilities for children: to plan for and develop quality and
accessible child friendly spaces and supportive infrastructure.
3. Active and healthy children: to improve the health and wellbeing of children.
4. Education and Care for children: to ensure children have access to the best
possible education and care.
5. Whole of community partnerships benefitting children: to strengthen early year’s
partnerships to improve outcomes for children.
6. A child friendly city and community: to ensure the creation of child friendly
environments and enhance children’s participation in the decision making
processes that impact on their lives.

Previous Council Decision(s) Date(s):

14 October 2015 – Endorsement to release draft Greater Bendigo Municipal Early


Years Plan for a six week period of Public Exhibition.

2 March 2016 – Municipal Early Years Plan 2015-18 adopted.

Report

The MEYP action plan sets out specific actions to be undertaken in response to the six
priority themes identified by key stakeholders during the collaborative development
process.

The MEYP action plan is reviewed annually in consultation with City service units and
partner agencies. Each provides feedback on progress in achieving their respective
actions and any changes required.

At commencement, the action plan included an ambitious 124 actions in response to


priority themes. The City being the lead agency for 68 actions, with the remaining 56
shared across partner agencies.

Since then implementation has progressed well and a great number of actions have
been achieved. The review process importantly has also identified shifting priorities in
response to a changing early years environment and any action plan updates required as
part of a continuous improvement cycle.

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Wellbeing and Fairness - Reports Ordinary Meeting - 16 May 2018

The updated action plan includes 63 actions after prioritisation, consolidation and
removal of achieved actions; with 56 of these in progress and 7 yet to commence. The
City is now leading 29 and a further 34 actions are shared across partner agencies.

This report provides an update concerning the City’s progress in achieving their MEYP
actions.

Attachment 1 contains the MEYP Annual Progress Report which presents major
highlights in achieving the action plan to date.

Significant highlights and achievements have included:

• Gender equity in the early years, as a primary prevention approach to family


violence, has gained momentum locally. A highlight is the development of children’s
book Rainbow Fox through the Communities for Children partnership. Rainbow Fox
is an education and literacy tool for parents and early years professionals to talk
with children about gender equity. The City also hosted a Gender Equity Forum and
Workshop and is developing its first Gender Equity Strategy to further expand how
we can jointly improve gender equity within a range of settings across Greater
Bendigo.

• The construction of Strathfieldsaye Early Years Hub has progressed well and a
design for an accessible and inclusive supervised play space has been developed
in consultation with users. Heathcote Community Children’s Services Association
Inc has been successful in an application for capital facilities funding through the
Department of Education and Training. The community is now closer than ever
before to achieving child care for Heathcote. Detailed design of the Huntly Early
Years Hub has commenced, comprising the expansion and upgrade of the Huntly
Kindergarten facility and the addition of Maternal Child Health rooms.

• It was announced in February that a higher proportion of Greater Bendigo children


are fully immunised (97.43 per cent) in their fifth year of age than the state average.
Alongside protecting the health of children, work to improve health and wellbeing
through a settings approach has occurred. The Walk to School program was rolled
out across the highest number of schools to date to increase active travel and
Bendigo Health Smiles 4 Miles program continues to have success in supporting
children to improve oral health at early years services.

• Parents have been supported to access early years programs and education, along
with building parenting skills and confidence through the Communities for Children
Off to an Early Start Program. Resources to extend local parenting support
offerings have been received through the Early Childhood Reform supported
playgroups funding. The City will align this with the local model in operation.

• Successful neighbourhood events have been facilitated in Eaglehawk, Kangaroo


Flat, Huntly and Heathcote. The events are planned with a community development
and capacity building approach at the forefront; the City supports each local
community to lead their respective event, including the provision of activities on the
day. Bendigo and District Aboriginal Cooperative hosted a highly successful
NAIDOC Children’s Day event with over 700 children participating in activities that
promoted Aboriginal and Torres Strait Islander cultures.

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Wellbeing and Fairness - Reports Ordinary Meeting - 16 May 2018

• Key local partnerships are committed to working together to improve outcomes for
young children and their families include the Loddon Children and Youth Area
Partnership and Communities for Children Bendigo.

Priority/Importance:

The MEYP is of high importance as it prioritises the City’s commitment to the early years
and enables the City to deliver on its vision and goals in the Community Plan. The MEYP
supports the goals of the Health and Wellbeing Plan and the next MEYP will be
developed under the Health and Wellbeing Plan framework for action.

Timelines:

The MEYP is a four year plan, commencing in 2015/16 and concluding in 2018/19.

The MEYP action plan is reviewed annually. During the final year of implementation the
MEYP will be evaluated, with a strong focus on assessing governance effectiveness and
measuring partnership outcomes. Development of the next MEYP will commence during
this time, informed by the evaluation.

Risk Analysis:

Key risks include the capacity to deliver on the large number of MEYP actions, meeting
infrastructure needs for growth areas under resource restrictions and sustainability of
new projects detailed in the MEYP.

These risks are mitigated by the annual review and update of the action plan. This review
cycle has included a detailed update of the action plan and the prioritisation,
consolidation and removal of achieved actions.

A quality planning process has been undertaken for the early years infrastructure project
in Huntly. New partnerships have been established in the Huntly community in
preparation across a range of projects including the Huntly Family Fun Day. Should
external funding opportunities present themselves, the project is in a strong position to
mobilise and be achieved. However, external funding would require a Council
contribution.

Consultation/Communication

Extensive community consultation was undertaken for the development of the MEYP.

Consultation to review and update the MEYP action plan has occurred annually with
partner agencies and City service units responsible for implementing respective actions.

Resource Implications

The implementation of the MEYP has been achieved using existing City resources and
budget. A number of actions have utilised external funding.

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Wellbeing and Fairness - Reports Ordinary Meeting - 16 May 2018

Attachments

1. Annual Progress Report and Action Plan Update 2018

PAGE 84
Strengthening the Economy
Environmental Sustainability Ordinary Meeting - 16 May 2018

4. STRENGTHENING THE ECONOMY

Nil.

5. ENVIRONMENTAL SUSTAINABILITY

Nil.

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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 16 May 2018

6. EMBRACING OUR CULTURE AND HERITAGE

6.1 GREATER BENDIGO RECONCILIATION PLAN PROGRESS REPORT

Document Information

Author Fiona Machin, Inclusive Communities Officer

Responsible Vicky Mason, Director Health and Wellbeing


Director

Purpose

To provide a progress report on the implementation of the City of Greater Bendigo


Reconciliation Plan (2016-2019) and to highlight the key achievements to date.

Summary

The Reconciliation Plan (2016-2019) (the RP) articulates Council’s commitment to


supporting the reconciliation process and to closing the gap of disadvantage between
Aboriginal and Torres Strait Islander peoples and other Australians. The RP adopts a
‘whole of Council’ action planning framework, and builds on previous initiatives delivered
by the City as part of its early reconciliation journey. Leading the Reconciliation Plan
within the organisation is the Community Partnerships Unit, and the Reconciliation Plan
Steering Committee.

The RP follows the strategic framework of Reconciliation Australia and its Reconciliation
Action Plan program, and focuses on the three themes of Relationships, Respect and
Opportunities. Under each theme are a series of practical actions (93 actions in total)
that drives the organisation’s contribution to reconciliation both internally and within the
Greater Bendigo community.

The majority of actions have commenced and are being delivered across the
organisation. Of the 93 actions, 27 actions have been achieved, 44 are in progress, and
16 are yet to be progressed. Six actions are not proceeding due to changing community
need and the consolidation of other actions. Additional priority areas have been identified
for the next two years including enhancing economic participation through procurement
and employment opportunities, strengthened community participation and leadership,
and improving cultural safety across the organisation.

Throughout the RP’s implementation, a report will be prepared and presented to Council
annually for the life of the plan. This report focuses on the key achievements in relation
to the Action Plan for the July 2016 to December 2017 period.

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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 16 May 2018

RECOMMENDATION

That Council acknowledge the Progress Report for the City of Greater Bendigo
Reconciliation Plan 2016-2019.

~~~~~~~~~~~~~~~~~~~~~~~~~

Policy Context

Community Plan Reference:

City of Greater Bendigo Community Plan 2017-2021:


Goal 6.5 Advancing Reconciliation

Objective 6.5.1 Strengthen the relationship between Council and Indigenous


Communities

Continue to encourage Indigenous groups and enterprises to


tender for Council contracts through engagement with relevant
groups and review of contract documentation where needed

Incorporate Indigenous knowledge into native vegetation


management

Objective 6.5.2 Implement the adopted Reconciliation Action Plan

Explore opportunities that enable wider understanding of our


Indigenous Australian culture

City of Greater Bendigo Reconciliation Plan (2016-2019)

City of Greater Bendigo Health and Wellbeing Strategy 2016-2021

Principle Connected to Culture and Community

Objective Support inclusive communities by valuing Aboriginal and Torres Strait


Islander people

Rural Communities Strategy

Principle 3 Realising the unique values and the social and economic potential of
our rural communities

Objective 3.6: That Council continue to work with the Dja Dja Wurrung and
Taungurung communities to ensure that the City’s indigenous heritage
is appropriately protected, recognised and celebrated

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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 16 May 2018

Greater Bendigo Environment Strategy 2016-2021

Principle 8: Culture and Communities

Action 8.1. Acknowledge and raise awareness of Indigenous culture, including


support for Traditional Owner country plans – Dhelkunya Dja

Background Information

The City of Greater Bendigo continues to develop and enhance positive relationships
with Aboriginal and Torres Strait Islander peoples. According to the 2016 Census,
approximately 1,846 residents (1.7%) within Greater Bendigo identify as Aboriginal and
Torres Strait Islander, an increase from 1,447 in 2011. The majority of the Aboriginal and
Torres Strait residents (57%) are aged between 0 – 24 years.

Aboriginal and Torres Strait Islander peoples experience the worst health outcomes of
any population group in Victoria, and continue to be over-represented in almost all
measures of inequality and disadvantage. Key to these poor health outcomes has been a
legacy of trauma and racism, brought on by past government policies resulting in the
Stolen Generations. Victoria experienced the highest proportion of Aboriginal people
removed from their families (13% compared to 8% nationally), and over 47% of
Aboriginal people have a relative who was forcibly removed from their family in Victoria.

The gap of Aboriginal disadvantage is evidenced by:

• A life expectancy gap of approximately ten years between Aboriginal and non-
Aboriginal Australians

• One in three Aboriginal people experiencing medically-diagnosed depression or


anxiety

• High levels of inter-generational trauma contributing to high rates of family


violence, experience of homelessness, and out-of-home care for children

• Higher rates of Aboriginal young people in the justice system, with a third
experiencing mental health issues, and the majority (62%) being victims of abuse,
trauma or neglect and

• Experiencing higher unemployment rates (2.7 times higher than for non-Aboriginal
Australians).

The City has a history of actively supporting local Aboriginal and Torres Strait Islander
peoples. Key initiatives have included the inclusion of Acknowledgement Country
protocols at Council and organisational meetings; flying the Aboriginal and Torres Strait
Islander flags; and supporting the annual NAIDOC Week flag-raising and civic reception.

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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 16 May 2018

In 2015, planning commenced on the City’s first Reconciliation Plan in response to a


recommendation of the Independent Review 2013. The Review recommended the
development of a Reconciliation Action Plan to further demonstrate the City’s
commitment to the local Aboriginal and Torres Strait Islander community and to the
reconciliation journey.

The City of Greater Bendigo RP was developed following an extensive consultation


process with the Traditional Owners and broader Aboriginal and Torres Strait Islander
community, the Reconciliation Action Plan (RAP) Working Group, and internally across
all City Service Units.

The RP follows the strategic framework of Reconciliation Australia and its Reconciliation
Action Plan program, and focuses on the three themes of Relationships, Respect and
Opportunities. Under these themes, the RP identifies 22 objectives and 93 actions using
a ‘whole-of-Council’ action planning framework.

The RP and its related actions support the City’s broader vision for reconciliation, this
being:

• Adopting a holistic ‘whole-of-organisation’ approach.

• Strong healthy relationships between the City and Aboriginal and Torres Strait
Islander peoples that support continued dialogue and informs decision making.

• Assuming a leadership role to drive reconciliation across the municipality.

• Implementing relevant and evidence-based actions, and ensuring accountability to


the Aboriginal and Torres Strait Islander community.

• Increasing the cultural inclusion and participation of Aboriginal and Torres Strait
Islander peoples within City functions, events and services.

Championing the RP is the Reconciliation Plan Steering Committee (see Attachment 1


for current membership list). The Steering Committee oversees and monitors the
implementation of the RP and supports the ‘whole-of-Council’ approach to delivery.

In 2016, discussions commenced with Reconciliation Australia to seek endorsement of


the current RP as a recognised Reconciliation Action Plan or ‘RAP’. However, the City
will not be seeking formal endorsement of the current Reconciliation Plan as a RAP at
this stage due to the changes required to implementation timeframes, content and
actions. Given the progress to date, the City will continue to deliver on the RP and will
evaluate its progress in 2019. Work to achieve formal endorsement from Reconciliation
Australia for a City of Greater Bendigo RAP will commence in 2019.

The RP responds to the City’s legislative responsibilities under the Victorian Charter of
Human Rights and Responsibilities Act 2006; the Aboriginal Heritage Act 2016; and the
Dja Dja Wurrung – Victorian Government Recognition and Settlement Agreement as part
of the Traditional Owner Settlement Act 2010.

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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 16 May 2018

Previous Council Decision(s) Date(s):

Council endorsed the Reconciliation Plan (2016 – 2019) on June 29, 2016.

Report

The RP provides Council, the local Aboriginal community and the broader community
with a clear understanding of the City of Greater Bendigo’s commitment to reconciliation
and the local Aboriginal community. At the end of 2017, the City and the Reconciliation
Plan Steering Committee reviewed implementation of the RP, and this report highlights
achievements to date.

Since its launch, the majority of RP actions have commenced and are being delivered
across the City. Of the 93 actions, 27 actions have been achieved; 44 are in progress;
and 16 are yet to commence.

Following feedback from external and internal stakeholders, six actions will not be
progressed due to changing community needs and the consolidation of some original
actions (see Attachment 2).

The City has achieved progress under each theme especially in relation to: engaging
with Dja Dja Wurrung Clans Aboriginal Corporation (DDWCAC) on land management
and promotion of traditional cultural practices; showcasing Aboriginal and Torres Strait
Islander performances and artists through the Capital Venue and Events; improving the
cultural safety of the City’s community service provision; and strengthened partnerships
and service delivery with the Bendigo & District Aboriginal Cooperative (BDAC).

Key achievements of the RP to date include:

• Commencement of the Aboriginal Cultural Heritage Land Management Agreement


(ACHLMA) pilot project in 2016 in partnership with Aboriginal Victoria.

• Supporting partner on Wanyarram Dhelk project, working with DDWCAC and


North Central Catchment Management Authority to deliver land management and
restoration works on three local sites.

• Aboriginal Cultural Awareness Training for staff commenced in November 2017,


and Dja Dja Wurrung ‘On-Country’ cultural awareness session was delivered to
Councillors in 2017.

• Commencement of an Aboriginal trainee in the People & Culture Unit (12 month
position).

• All Maternal and Child Health staff completed the Communities for Children
Cultural Safety Self Reflection Tool and cultural sensitivity training delivered to
Early Years staff.

• City support for annual NAIDOC Week and Reconciliation Week activities
including the inaugural Bendigo Indigenous Film Festival in 2017.

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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 16 May 2018

• Scarred trees relocated to Ulumburra Theatre in December 2016.

• In 2017, there were three Aboriginal and Torres Strait Islander performances of
note as part of Capital Theatre and Events program, these being: Hart (She Said
Theatre), Coranderrk (Ilbijerri Theatre), and Terrain (Bangarra).

• In October 2017, Council endorsed the name Gurri Wanyarra Wellbeing Centre
for new indoor aquatic and wellbeing centre in Kangaroo Flat.

The RP Summary Progress Report (July 2016 – December 2017) at Attachment 3


presents all the major achievements to date.

While progress has been achieved, City staff and the RP Steering Committee also
identified key areas of focus for the organisation going forward. This will ensure the City
continues to successfully implement the RP, and sets strong foundations for the
development of the next reconciliation plan. It will also help to embed reconciliation
principles across the entire organisation, and assist the City to take a leadership role in
reconciliation across the municipality.

The following projects and overall action areas will be prioritised by the RP Steering
Committee for the next 12 months:

• Review the City’s procurement processes and engagement with local Aboriginal
businesses to increase Aboriginal economic participation opportunities. Internal
discussions have commenced and this project is being assisted by the Aboriginal
Affairs Unit of Local Government Victoria.

• Increase Aboriginal representation and participation in City decision making and


ensure the City is accountable to the community. A recommendation will be
presented to Council in 2018 on developing an Aboriginal and Torres Strait
Islander Advisory Committee in line with RP Action 12.c.

• Increase organisational cultural safety to ensure the City is a culturally supportive


workplace and City services are culturally responsive to Aboriginal and Torres
Strait Islander residents.

• Review and develop organisational measures to increase the number of


Aboriginal people employed by the City via the development of an Aboriginal
employment and inclusion program or similar policies.

Priority/Importance:

The ongoing implementation and review of the RP is of high importance as it


demonstrates the City’s ongoing commitment to reconciliation and delivers on actions
identified within the Community Plan.

Timelines:

The RP commenced in June 2016 and will be reviewed and evaluated in 2019.

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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 16 May 2018

Risk Analysis:

The RP reflects the City of Greater Bendigo’s commitment to reconciliation. It has been
developed to enable the City to support the reconciliation process and to help close the
gap of disadvantage between Aboriginal and Torres Strait Islander peoples and other
Australians. Key risks identified include:

• Insufficient engagement and participation of Aboriginal and Torres Strait Islander


peoples in City decision making and processes, and in ensuring reconciliation
initiatives are community-led and informed.

• Not working in a ‘whole-of-Council’ approach to deliver the RP and its actions, or


managing reconciliation being progressed at ‘two speeds’ across different
business units.

• Poor cultural safety and cultural responsiveness across the organisation which
prevents the City from being seen as an inclusive and welcoming space for
Aboriginal clients, customers or potential employees.

• Lack of sufficient organisational change to ensure the principles underpinning the


RP and the City’s reconciliation journey are fully embedded across all levels and
understood by staff.

City staff are currently working to mitigate these risks in the following ways:

• Increasing cultural awareness training and workshops, and increased promotion


of staff attendance at events and national days of significance for the Aboriginal
community.

• Roll out of cultural safety measures across the organisation, such as cultural
awareness and education, ‘good news stories’ and improved visibility of Aboriginal
culture and protocols.

• Renewed focus on community engagement and partnerships with key


stakeholders and networks including: DDWCAC, BDAC, NAIDOC Week
Committee, Bendigo Local Aboriginal Network and the Bendigo Reconciliation
Group.

Consultation/Communication

The City worked directly with Aboriginal and Torres Strait Islander people in the planning
and development of the RP. Throughout its implementation, regular consultation has
occurred with the Traditional Owners, local Aboriginal community organisations, and key
Aboriginal and Torres Strait Islander representatives.

Regular consultation is undertaken through the City’s Reconciliation Plan Steering


Committee and a summary of the RP’s progress to date was reviewed and discussed at
the November 2017 and March 2018 Steering Committee meetings.

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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 16 May 2018

The City’s Inclusive Communities Officer with a focus on the RP has undertaken further
community consultation and engagement, through a series of one-on-one and group
meetings, since their commencement in November 2017.

Extensive internal consultation has occurred with the City Service Units responsible for
implementing specific actions under the RP.

Resource Implications

The RP is being implemented within existing resources as part of allocations totalling


$171,500 in the 2017/18 Operational Budget which includes $110,000 for labour costs,
$57,000 for Reconciliation Plan projects and $4,500 for NAIDOC Week.

Attachments

1. Membership List for Reconciliation Plan Steering Committee

2. List of Actions Not Being Progressed

3. Reconciliation Plan (2016-2019) – Summary Report on Actions Achieved (July


2016 to December 2017)

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Lead and Govern for All - Reports Ordinary Meeting - 16 May 2018

7. LEAD AND GOVERN FOR ALL

7.1 FINANCE COMMITTEE REPORT AS AT 31 MARCH 2018

Document Information

Author Nathan Morsillo, Manager Financial Strategy

Responsible Kerryn Ellis, Director Corporate Performance


Director

Summary/Purpose

To provide Council with:


1. An analysis of the financial position of the City of Greater Bendigo (CoGB) to 31
March of the 2017/18 financial year.

RECOMMENDATION

That the Greater Bendigo City Council:

1. Receive the Finance Report comparing budgeted and actual revenue and expenses
to 31 March 2018, in accordance with the requirements of the Local Government Act.

~~~~~~~~~~~~~~~~~~~~~~~~~

Policy Context

City of Greater Bendigo Community Plan 2017-2021:


Goal 1 Lead and govern for all
Objective 1.3 Be innovative and financially responsible
Objective 1.4 Be accountable and efficient in its use of the community’s
money

Background Information

In accordance with Section 138 of the Local Government Act 1989:

“At least every 3 months, the Chief Executive Officer must ensure that a statement
comparing the budgeted revenue and expenditure for the financial year with the
actual revenue and expenditure to date is presented to the Council at a Council
meeting which is open to the public.”

A review of 31 March 2018 financials was undertaken by the City's Finance Committee
on 7 May 2018.

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Lead and Govern for All - Reports Ordinary Meeting - 16 May 2018

Report

This report provides an update on the financial performance in comparison to the


adopted budget for the 2017/18 financial year.

1. Actual Financial Performance (as at 31st March 2018)


The City’s operating result as at 31 March 2018 is $2,760,846 favourable to budget.

Operating Result - YTD Actual vs YTD Budget


Operating Result is a measure for accounting for an organisation's profit or loss for a
given period. An Operating Result recognises all revenue and operating expenditure; it
includes non-cash expenditure such as depreciation and non-cash revenue of donated
assets.

YTD Budget YTD Actual Variance


31/03/2018 31/03/2018
Surplus/(Deficit) Surplus/(Deficit)
$38,779,715 $41,540,560 $2,760,846 Favourable

The Income Statement for the period 01/07/2017 – 31/03/2018 is presented below:

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Lead and Govern for All - Reports Ordinary Meeting - 16 May 2018

Major variances that contribute to the result include:


Area Fav / Main Contributing Factors $
Unfav
Contributions – Fav The favourable result is due to the timing $1,606,000
Cash of contributions for the Bendigo Stadium
project.
Interest on Fav Additional earnings due to holding higher $580,000
Investments levels of cash than budgeted.

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Lead and Govern for All - Reports Ordinary Meeting - 16 May 2018

Area Fav / Main Contributing Factors $


Unfav
Other Revenue Unfav Delay in internal invoicing for the works ($1,300,000)
Internal workshop and plant operations. There is
a focus on line marking and tram track
maintenance for the remainder of the
year.

Employee Fav Savings have been made following stage $3,253,000


Benefits 2 restructures and some temporary
savings have been made due to existing
positions not being backfilled.
Contract Unfav The unfavourable result is primarily due ($3,226,000)
Payments, to additional cost associated with running
Materials and the City’s waste service. In particular the
Services landfill cover, increased levy to meet EPA
requirements at Eaglehawk landfill and
additional agency and consultant costs.
The timing of works on unsealed roads
and reseals during dry months has also
contributed to the unfavourable variance.
Plant & Fav Variance is due in part to a lag in internal $620,000
Equipment invoicing and some vacancies during the
Operating period leading to a backlog of minor and
Expense non-urgent repairs (staffing now back to
full complement).

Unfavourable - Unfav As a result of a review on all Council ($1,568,000)


Depreciation / buildings, individual components are now
Amortisation recorded more accurately. Instead of
having one building value being
depreciated over its useful life, building
components are depreciated over
different useful lives. Components
include structure, roof, and mechanics
and fit out. This change has increased
depreciation charges in the current year
to being higher than budget.

Cash Result - YTD Actual vs YTD Budget


The City’s cash result for the first half of the financial year is $87,622 unfavourable to
budget as at 31 March 2018.
The Cash Result takes the operating result and removes non cash transactions. It also
includes capital works expenditure, loan repayments, new loan drawdowns and Reserve
transfer movements.

YTD Budget YTD Actual Variance


31/03/2018 31/03/2018
$28,840,735 $28,753,113 ($87,622) Unfavourable

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Lead and Govern for All - Reports Ordinary Meeting - 16 May 2018

2. Forecast Performance (01/07/2017 – 30/06/2018)


The forecast for 31 March 2018 is reported in the same format as the year to date actual
comparison to budget, operating and rate results.

Operating Result - Forecast v Annual Budget

Annual Budget Forecast Variance


30/06/2018 30/06/2018
Surplus Surplus Variance
$22,584,515 $24,218,350 $1,633,835 Favourable

Major variances that contribute to the forecast favourable operating result include:
Area Fav / (Unfav) Details $
Contributions - Favourable Cash contributions are favourable $4,648,000
Cash due to the timing of contributions
for the Bendigo Stadium
redevelopment being delayed from
last financial year to this financial
year.
Government Favourable Due to receiving unbudgeted $3,540,000
Grants - Capex grants for the Bendigo Tennis
pavilion construction and the Scott
Street bridge in White Hills.
Interest on Favourable Additional earnings due to higher $436,000
Investments levels of cash than budgeted.
Employee Favourable Savings have been made following $2,212,000
Benefits stage 2 restructures and savings in
FTE due to less service hours
provided due to the transition to
NDIS in the home support program
Contract Unfavourable The unfavourable forecast is due ($5,328,000)
Payments, to $4.6M of additional costs
Materials and associated with waste services, in
Services line with the YTD Actual comments
above. There are also additional
recycling costs in this financial
year, which will be partially offset
by a State Government grant.
Depreciation/ Unfavourable As a result of a review on all ($3,062,000)
Amortisation Council Buildings, individual
components are now recorded
more accurately. This change
increases Depreciation charges in
the current year to being higher
than budget.

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Lead and Govern for All - Reports Ordinary Meeting - 16 May 2018

Cash Result - Forecast v Annual Budget

Annual Budget Forecast Result Variance


30/06/2018 30/06/2018
Deficit Deficit

($187,347) ($376,273) ($188,926) Unfavourable


(refer progressive summary below)

3. Progressive Cash Surplus/Deficit Summary


The cash result is managed on an ongoing basis rather than annually, as the impact from
previous year's results may affect the following year's budget. With this in mind the table
below shows:
Annual Budget Forecast Result
Surplus/(Deficit) Surplus/(Deficit)
2017 Cash Result – starting point ($58,228) ($22,999,578)
(forecast includes 16-17 carry forwards)
Accumulated Surplus Carried Forward $30,039,502 $30,039,502
30/06/17
Carried Forward Capital Work Projects ($29,647,092) N/A
from 2016-17
Grants received in 2016-17 not spent at ($520,229) N/A
30 June 2017, that relate directly to
projects in 2016-17
Capital Projects identified at 31/03/18 as N/A ($7,416,197)
requiring Carry Forward into 2018-19
Grants Received in 2017-18 relating to N/A -
2018-19

Forecast Accumulated Surplus/(Deficit) ($187,347) ($376,273)


Carried Forward 30/06/18

Conclusion

The Finance Committee has reviewed the Statement comparing Budgeted and Actual
Revenues and Expenses to 31 March 2018, and the financial forecast for 2017/18.

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Lead and Govern for All - Reports Ordinary Meeting - 16 May 2018

7.2 RECORD OF ASSEMBLIES

Document Information

Author Jessica Clarke-Hong, Manager Governance

Responsible Kerryn Ellis, Director Corporate Performance


Director

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.

RECOMMENDATION

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

~~~~~~~~~~~~~~~~~~~~~~~~~

Policy Context

Community Plan Reference:

City of Greater Bendigo Community Plan 2017-2021:


Goal 1 Effective community engagement will guide well informed,
responsive decision-making and financially responsible resource
allocations, which are transparent and accountable.

Background Information

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. A planned or scheduled meeting that includes at least half the Councillors (5) and a
member of Council staff; or
2. 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.

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Lead and Govern for All - Reports Ordinary Meeting - 16 May 2018

Report

Meeting Information
Meeting Sustainability and Environment Advisory Committee
Name/Type
Meeting Date 3 April 2018
Matters discussed 1. Spring Gully Mountain Bike Trail Network Masterplan
2. Greater Bendigo Planning Scheme Review 2018
3. Greater Bendigo Public Space Plan
4. BSG Sustainability Festival\
5. Bendigo Power Hub
6. Electric Bus

Attendees/Apologies
Councillors Cr Jennifer Alden
Cr Margaret O'Rourke
Cr Andrea Metcalf
Staff/ Mr Anthony Sheean
Community Mr Bernie O'Sullivan
Representatives Mr Trevor Budge
Mr Mark Stubbs
Ms Emma Bryant/
Ms Jess Milroy
Mr Chris Weir
Mr Colin Smith
Mr James Shaddick
Mr Geoff Caine
Ms Kathryn Stanislawski
Apologies:
Ms Bridget Maplestone
Ms Morgan James/
Ms Pamela Beattie
M/S Terri Williams
Ms Kelly Button

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

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Lead and Govern for All - Reports Ordinary Meeting - 16 May 2018

Meeting Information
Meeting Councillors'-Only Meeting
Name/Type
Meeting Date 4 April 2018
Matters discussed 1. Councillor business planning
2. CEO update

Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Julie Hoskin
Cr Andrea Metcalf
Cr James Williams
Cr Yvonne Wrigglesworth
Staff/ Mr Craig Niemann
Community Ms Kerryn Ellis
Representatives

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

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Lead and Govern for All - Reports Ordinary Meeting - 16 May 2018

Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 4 April 2018
Matters discussed 1. Draft External Budget Final Review and Draft Annual Plan
2. Marong Business Park
3. Section 89 Confidential Report
4. GovHub
5. Resolutions for MAV State Council
6. Councillor Community Engagement Program
7. Draft Ordinary Meeting Agenda review
8. Forward Agenda
9. Actions from Councillor Briefings

Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Andrea Metcalf
Cr James Williams
Cr Yvonne Wrigglesworth
Apology:
Cr Julie Hoskin
Staff/ Mr Craig Niemann
Community Ms Vicky Mason
Representatives Ms Kerryn Ellis
Mr Bernie O'Sullivan
Ms Debbie Wood
Mr Peter Hargreaves
Apology:
Mrs Jessica Clarke-Hong

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

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Lead and Govern for All - Reports Ordinary Meeting - 16 May 2018

Meeting Information
Meeting Councillors'-Only Meeting
Name/Type
Meeting Date 9 April 2018
Matters discussed 1. Councillor business planning
2. CEO update

Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr Rod Fyffe
Cr Julie Hoskin
Cr Andrea Metcalf
Cr James Williams
Apologies:
Cr George Flack
Cr Yvonne Wrigglesworth
Staff/ Mr Craig Niemann
Community Ms Kerryn Ellis
Representatives

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

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Lead and Govern for All - Reports Ordinary Meeting - 16 May 2018

Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 9 April 2018
Matters discussed 1. Planning matters and draft Ordinary Meeting agenda
Review
2. Marong Business Park
3. 49 Napier Street, Eaglehawk
4. Municipal Early Years Strategy
5. Huntly DCP
6. Hardcourt Facilities
7. Legal advice

Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr Rod Fyffe
Cr Andrea Metcalf
Cr James Williams
Apologies:
Cr George Flack
Cr Julie Hoskin
Cr Yvonne Wrigglesworth
Staff/ Mr Craig Niemann
Community Ms Vicky Mason
Representatives Ms Kerryn Ellis
Mr Bernie O'Sullivan
Ms Debbie wood
Mr Peter Hargreaves
Apology:
Mrs Jessica Clarke-Hong

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

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Lead and Govern for All - Reports Ordinary Meeting - 16 May 2018

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 5 March 2018
Matters discussed Planning application DSD/775/2017
11-15 Apsley Street, STRATHFIELDSAYE 3551
Approval of Development Plan, use and development of land
for child care centre, 2 lot subdivision and display advertising
signage

Attendees/Apologies
Councillors Cr. Yvonne Wrigglesworth
Staff/ Luke Bott
Community Applicant
Representatives Objectors

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 14 March 2018
Matters discussed Planning application DS/272/2017
12 Ash Court, ASCOT 3551
3 Lot subdivision

Attendees/Apologies
Councillors Cr James Williams
Cr Andrea Metcalf
Staff/ Liz Commadeur
Community Applicant
Representatives Objectors

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

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Lead and Govern for All - Reports Ordinary Meeting - 16 May 2018

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 28 March 2018
Matters discussed Planning application DC/547/2017
12-14 Myers Street, BENDIGO 3550
Development of land for a residential hotel (motel) and retail
premises, reduction in the number of car parking spaces
required and alteration of access to a Road Zone Category 1

Attendees/Apologies
Councillors Cr Julie Hoskin
Cr James Williams
Staff/ Chris Duckett
Community Applicant
Representatives Objectors

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 11 April 2018
Matters discussed Planning application DC/795/2017
10 Mackenzie Street, BENDIGO 3550
Use and development of land for place of assembly (function
centre), development of land for food and drink premises
(tavern), use land to sell and consume liquor; internal
alterations to a heritage building; waiver car parking and
bicycle parking requirements; and display advertising signage

Attendees/Apologies
Councillors Cr Andrea Metcalf
Cr James Williams
Cr Julie Hoskin
Staff/ Luke Bott, Senior Planner
Community Ross Douglas, Manager Planning
Representatives Applicant
Objectors

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

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Lead and Govern for All - Reports Ordinary Meeting - 16 May 2018

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 12 April 2018
Matters discussed Planning application DU/826/2017
9 Hunter Place, HEATHCOTE 3523
Use of land for a restaurant, the service and consumption of
alcohol and a reduction in car parking requirements

Attendees/Apologies
Councillors Cr Yvonne Wrigglesworth
Staff/ Beth Lavery
Community Applicant
Representatives Objectors

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 10 April 2018
Matters discussed Planning application DR/890/2017
19 Batten Street, CALIFORNIA GULLY 3556
Construction of second dwelling on a lot

Attendees/Apologies
Councillors Cr Andrea Metcalf
Cr James Williams
Cr Julie Hoskin
Staff/ Grace Paisley, Planner
Community Ross Douglas, Manager Planning
Representatives Applicant
Objectors

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

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Lead and Govern for All - Reports Ordinary Meeting - 16 May 2018

Meeting Information
Meeting Councillors'-Only Meeting
Name/Type
Meeting Date 16 April 2018
Matters discussed 1. Councillor business planning
2. CEO update
3. MAV State Council Motions
4. Loddon Campaspe Mayors' meeting

Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Rod Fyffe
Cr Andrea Metcalf
Cr James Williams
Cr Yvonne Wrigglesworth
Apologies:
Cr Matt Emond
Cr George Flack
Cr Julie Hoskin
Staff/ Mr Craig Niemann
Community Ms Kerryn Ellis
Representatives

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

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Lead and Govern for All - Reports Ordinary Meeting - 16 May 2018

Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 16 April 2018
Matters discussed 1. Councillor business planning

Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Rod Fyffe
Cr Julie Hoskin
Cr Andrea Metcalf
Cr James Williams
Cr Yvonne Wrigglesworth
Apologies:
Cr Matt Emond
Cr George Flack
Staff/ Mr Craig Niemann
Community Ms Vicky Mason
Representatives Ms Kerryn Ellis
Mr Bernie O'Sullivan
Ms Debbie Wood
Mrs Jessica Clarke-Hong
Mr Peter Hargreaves

Conflict of Interest disclosures


Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil

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Lead and Govern for All - Reports Ordinary Meeting - 16 May 2018

7.3 CONTRACTS AWARDED UNDER DELEGATION

Document Information

Author Lee Taig, Contract Support Administrator, Governance Unit

Responsible Kerryn Ellis, Director Corporate Performance


Director

Purpose/Summary

The purpose of this report is to provide information on contracts recently awarded under
delegation.

RECOMMENDATION

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

~~~~~~~~~~~~~~~~~~~~~~~~~

Policy Context

Delivery of programs, projects and services that respond to community needs.

Community Plan Reference:


City of Greater Bendigo Community Plan 2017-2021

Goal 1 : Lead and govern for all

Objective: 1.2 Be innovative and financially responsible

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Lead and Govern for All - Reports Ordinary Meeting - 16 May 2018

Report

Value Delegated
Contract No Project Successful Contractor Date Signed
(GST Excl) Officer

Capital Contracts

CCTV Update for the


Ironwood Security Pty 23 March
CT000359 Bendigo Central Business 367,350.00 Vicky Mason
Ltd 2018
District
Eaglehawk Regional Play CPE Landscaping Pty 23 March
CT000358 874,487.40 Craig Niemann
Space Ltd 2018
North Bendigo Pavilion 29 March
CT000377 GroupGSA 177,185.00 Vicki Mason
Design 2018

Service Contracts

Supply & Delivery of 2


Schedule Craig 16 February
Landfill Compactors North West Services Pty Ltd
of Rates Niemann 2018
CT000364 and 1 crawler
Current annual Council Budget for the goods/services contracted via this schedule of rates is
$360,000.00
Provision of
Schedule Debbie 19 March
Maintenance Services Otis Elevator Company Pty Ltd
of Rates Wood 2018
CT000363 for Lifts & Hoists
Current annual Council Budget for the goods/services contracted via this schedule of rates is
$30,000.00

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Ordinary Meeting - 16 May 2018

8. URGENT BUSINESS

Nil.

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Ordinary Meeting - 16 May 2018

9. NOTICES OF MOTION

9.1 NOTICE OF MOTION: SUPPORTING, DIVERSIFYING AND


GROWING OUR LOCAL FOOD ECONOMY

CR JENNIFER ALDEN

That Greater Bendigo City Council, as part of the forthcoming review of the Economic
Development Strategy, investigate the application of evidence-based land capability and
sustainable water management system mapping, incorporating predictive modelling for
local impacts of climate change. The purpose of doing so is to further support our Local
Food Economy via the identification of premium quality agricultural land for a range of
productive uses and investments in order to safeguard it from competing, non-
complementary land uses.

Officer comment:
Council’s current economic development strategy generally understates the city wide and
regional significance of agriculture and the potential opportunities that exist and can be
levered. The proposal to undertake some detailed research on opportunities that may
exist is consistent with previous work in the City and region that has identified resources
such as the terra rossa soils which have underpinned the development of the wine
growing area along the Colbinabbin Range north of Heathcote. This proposed work has
the potential to identify other significant resources.

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Ordinary Meeting - 16 May 2018

10. COUNCILLORS' REPORTS

11. MAYOR'S REPORT

12. CHIEF EXECUTIVE OFFICER'S REPORT

13. CONFIDENTIAL (SECTION 89) REPORTS

13.1 Confidential Report in accordance with Section 89(2)(a) of the Local


Government Act relating to a personnel matter
13.2 Confidential Report in accordance with Section 89(2)(d) of the Local
Government Act relating to a contractual matter

RECOMMENDATION

That Council close the meeting to members of the public pursuant to Section 89(2)(a)
and (d) of the Local Government Act 1989 to consider reports relating to a personnel and
a contractual matter.

PAGE 115