ordinary meeting of council - city of greater bendigo · 10/22/2014 · supported by the inclusion...

AGENDA

Ordinary Meeting of Council

6.30pm Wednesday 22 October 2014

** Broadcast live on Phoenix FM 106.7 ***

VENUE:

Reception Room,

Bendigo Town Hall,

Hargreaves Street, Bendigo

NEXT MEETING(S):

Special Meeting: Tuesday 11 November 2014 at 7.30pm

Ordinary Meeting: Wednesday 12 November 2014 at 6.00pm

Bendigo Town Hall

Copies of the City of Greater Bendigo Council’s Agendas & Minutes

can be obtained online at www.bendigo.vic.gov.au

http://www.bendigo.vic.gov.au/

Council Vision

Greater Bendigo - Working together to be Australia's most liveable regional city.

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

Transparency - Information about Council decisions is readily available and easily understood;

Efficiency and effectiveness - Council provides services based on evidence of need and demonstrates continuous improvement in the delivery of services;

Inclusion and consultation - Council uses a range of engagement strategies to ensure community members can understand and take part in discussion that informs the development of new strategies and actions;

Clear decisive and consistent planning - In a rapidly growing municipality, Council undertakes to plan effectively for our long-term future;

Respect for community priorities and needs - Council will advocate for improved services for community members and will consider community impact and feedback the decisions it makes.

Themes 1. Planning for Growth

2. Presentation and Vibrancy

3. Productivity

4. Sustainability

5. Leadership and Good Governance

Ordinary Meeting - 22 October 2014

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ORDINARY MEETING WEDNESDAY 22 OCTOBER 2014

ORDER OF BUSINESS:

ACKNOWLEDGEMENT OF COUNTRY ........................................................................... 5

PRAYER ........................................................................................................................ 5

CODE OF CONDUCT ................................................................................................... 5

PRESENT ...................................................................................................................... 5

APOLOGIES .................................................................................................................. 5

DECLARATION OF CANDIDACY FOR STATE GOVERNMENT ELECTION 2014 ...... 5

SUSPENSION OF STANDING ORDERS ..................................................................... 5

PUBLIC QUESTION TIME ............................................................................................ 5

RESUMPTION OF STANDING ORDERS ..................................................................... 6

CR FYFFE'S REPORT .................................................................................................. 6

DECLARATIONS OF CONFLICT OF INTEREST ......................................................... 7

CONFIRMATION OF MINUTES .................................................................................... 8

1. CITY OF GREATER BENDIGO ANNUAL REPORT 2013/2014 ............................. 9

1.1 City of Greater Bendigo Annual Report 2013/2014 ........................................... 9

2. PETITIONS AND JOINT LETTERS ....................................................................... 12

3. PLANNING FOR GROWTH .................................................................................. 13

3.1 746 McIvor Highway, Junortoun - the Subdivision of the Land into 21 Lots, the Removal of Vegetation, the Removal of a Carriageway Easement and Access to a Road Zone ............................................................................................................... 13

3.2 Planning Scheme Amendment C161 - Marong Business Park Consider Authorisation Request .............................................................................................. 36

3.3 Adoption of the Greater Bendigo Residential Strategy, Preparation of a Planning Scheme Amendment and Housing Strategy to Implement the Residential Strategy .................................................................................................................... 69

4. PRESENTATION AND VIBRANCY ....................................................................... 84

4.1 Annual Report - Works Unit 2013/14 .............................................................. 84

4.2 Annual Report - Bendigo Livestock Exchange 2013/14 .................................. 89

4.3 Human Rights Charter .................................................................................... 97

4.4 Response To Petitions: O'Keefe Rail Trail - One Eye Forest ........................ 123


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5. PRODUCTIVITY .................................................................................................. 133

5.1 Economic Development Strategy: 2014- 2020 ............................................. 133

5.2 Response to Petition - Kangaroo Flat Leisure Centre/Hall ............................ 140

6. SUSTAINABILITY................................................................................................ 157

7. LEADERSHIP AND GOOD GOVERNANCE ....................................................... 158

7.1 Contracts Awarded Under Delegation ........................................................... 158

7.2 Record of Assemblies ................................................................................... 159

7.3 2013/14 Annual Report - Goldfields Library Corporation .............................. 164

8. URGENT BUSINESS .......................................................................................... 173

9. NOTICES OF MOTION ....................................................................................... 174

9.1 Notice of Motion: Proposed Greater Bendigo Indoor Aquatic Leisure and Wellbeing Centre .................................................................................................... 174

10. COUNCILLORS' REPORTS ............................................................................ 176

11. MAYOR'S REPORT ......................................................................................... 176

12. CHIEF EXECUTIVE OFFICER'S REPORT ..................................................... 176

13. CONFIDENTIAL (SECTION 89) REPORTS .................................................... 176

13.1 Personnel matters ............................................................................................ 176

13.2 Personnel matters ............................................................................................ 176

____________________________

CRAIG NIEMANN CHIEF EXECUTIVE OFFICER


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ACKNOWLEDGEMENT OF COUNTRY

PRAYER

CODE OF CONDUCT

PRESENT

APOLOGIES

DECLARATION OF CANDIDACY FOR STATE GOVERNMENT ELECTION 2014

SUSPENSION OF STANDING ORDERS

That Standing Orders be suspended to allow a presentation to Mr Graham Atkinson, Founding Member and Chairperson of Dja Dja Wurrung Clans Aboriginal Corporation on his recent induction into the Victorian Indigenous Honour Roll and the conduct of Public Question Time.

PUBLIC QUESTION TIME

Public Question Time Guidelines Public Question Time – Purpose Council has provided the opportunity for members of the public to 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.


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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. 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:

Prosecution, summonses or any other litigation;

Most appropriately addressed by other means;

Vague, irrelevant, insulting or improper, defamatory;

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 FYFFE'S REPORT


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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.


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CONFIRMATION OF MINUTES

Minutes of the Ordinary Meeting of Wednesday 1 October 2014. The following items were considered at the Ordinary Council meeting held on Wednesday 1 October, 2014 at 6:00pm.

Planning Scheme Amendment C158 - Advertising and Signage Policy Following Panel and Release of Panel Report

Combined Planning Scheme Amendment C130 and Permit Application DC/635/2011 - Heathcote Supermarket Consider Submissions and Refer to Panel

80 Sullivans Road, Strathfieldsaye - Staged Subdivision of Land into 11 Lots, the Removal of Native Vegetation and Removal of a Carriageway Easement

12 Alison Boulevard, Epsom - 2 Lot Subdivision of Land

Bendigo Stadium Master Plan

Draft Dower Park Master Plan and Management Approach

Annual Snapshot of Operations - Bendigo and Heathcote Tourism Visitor Centres 2013/14

Annual Snapshot of Operations - The Capital - Bendigo Performing Arts Centre 2013/14

Annual Snapshot of Operations - Bendigo Art Gallery in 2013/2014

Annual Snapshot of Operations - Bendigo Exhibition Centre 20-14

Awarding of Contract No: CT000154 for the Sealing of Various Roads

Hargreaves Multi-Storey Car Park Sunday Operation Review and 24/7 Reserved Parking

Regional Climate Adaptation Project

Progress Report on Independent Review Implementation

Review of the Compliance Policy

Reappointment of Internal Audit Committee Member

Audit Committee Chairperson's Annual Report

North Central Goldfields Regional Library Corporation Agreement 2014-2018

Contracts Awarded Under Delegation

Record of Assemblies

Notice of Motion: Calder Highway Improvement Committee

Section 89 Confidential Reports 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 1 October, 2014 as circulated, be taken as read and confirmed.


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1. CITY OF GREATER BENDIGO ANNUAL REPORT 2013/2014

1.1 CITY OF GREATER BENDIGO ANNUAL REPORT 2013/2014

Document Information

Author Dr Lyn Talbot, Corporate and Community Planner Responsible Prue Mansfield, Director Planning and Development Director

Summary/Purpose

The purpose of this report is to provide the opportunity for Council and the community to consider the City of Greater Bendigo 2013/2014 Annual Report.

Policy Context

This City of Greater Bendigo Annual Report covers the period from 1 July 2013 to 30 June 2014. Preparation of an Annual Report is a requirement of the Victorian Local Government Act 1989 but it also provides an opportunity to communicate internally and externally, with staff, community, government and industry stakeholders regarding the roles, functions and achievements of the City of Greater Bendigo in the preceding year. The Annual Report also reports on new activities that were endorsed by Council in response to emerging evidence during the year. The Council Plan 2013-2017 highlights reporting on performance as a key component of the Corporate Planning Framework.

Background Information

The Annual Report highlights the major achievements of the 2013/2014 year, but also has a focus on telling the story of the City's operations throughout the year. This is supported by the inclusion of numerous photos, facts and figures throughout the report. It reports to Greater Bendigo residents and the wider community what has been done in order to meet objectives, strategies and actions that were set down in the Council Plan for the year. The Annual Report also documents evidence of performance against the State Government Community Satisfaction Scorecard and the internal indicators that have been set out in the Council Plan for the same period. It celebrates the achievements and successes and explains why some things have not been achieved.


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Report

Internal Consultation: Cross-organisational collaboration has supported the development of the Annual Report, particularly with the provision of statistical data updates. The detail for the various written sections has largely been sourced from existing documents already made available to the public, such as press releases and quarterly reports to Council. The Communications Unit has sourced the relevant photos from its repository. Each Director, the Manager Finance and staff members who have contributed sections have been provided with a copy of their draft section for the Annual Report to review for accuracy and completeness and where necessary their suggestions and amendments incorporated. At the end of the report for each Council Plan goal area, the results from the Statewide Community Satisfaction Survey 2013 have been presented in a graph format compared to Statewide averages. In addition the report against internal City of Greater Bendigo process indicators is also presented in table format. Councillors had an opportunity to view content for the ‘Your Councillors’ section, and revise it where necessary. On 28 August 2014 members of the Audit Committee had the opportunity to review the draft Financial Statements, the draft Standard Statements and the draft Performance Statement for the 2013/2014 financial year for submission to the Auditor General. Following recommendation by the Audit Committee, these statements were adopted by Council on 10 September 2014 and have been incorporated into this draft of the Annual Report. External Communication Following endorsement by Council, residents will be informed by public notice of the Annual Report's preparation and availability for inspection. A public presentation of the Annual Report is being held prior to the 22 October Council meeting. Comments are not being sought as it is a retrospective report of the organisation's activities. Copies of the Annual Report will be distributed to the community and key organisations including business, government, education, health and welfare sectors of Greater Bendigo, and will be available to interested members of the public. Priority/Importance: To meet legislative requirements the Annual Report, including audited financial statements, must be completed and supplied to the Minister for Local Government by the end of September 2014. As happens each year, a draft has been sent and the final version will be sent after adoption by Council.


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Resource Implications

Printing and layout of the Annual Report and relevant advertising are provided for in the 2014/2015 Council budget.

Conclusion

The City of Greater Bendigo 2013/2014 Annual Report has been prepared and is submitted according to the requirements of the Local Government Act 1989.

Attachments

Annual Report 2013/2014

RECOMMENDATION

That the Greater Bendigo City Council resolve to receive the City of Greater Bendigo 2013/2014 Annual Report.


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2. PETITIONS AND JOINT LETTERS

Nil.

Planning for Growth - Reports Ordinary Meeting - 22 October 2014

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3. PLANNING FOR GROWTH

3.1 746 MCIVOR HIGHWAY, JUNORTOUN - THE SUBDIVISION OF THE LAND INTO 21 LOTS, THE REMOVAL OF VEGETATION, THE REMOVAL OF A CARRIAGEWAY EASEMENT AND ACCESS TO A ROAD ZONE


Author Stephen Wainwright, Planning Coordinator Responsible Prue Mansfield, Director Planning & Development Director

Summary/Purpose

Application details: The subdivision of the land into 21 lots, the removal of vegetation, the removal of a carriageway easement and access to a road zone.

Application No: DS/702/2013

Applicant: Spiire Australia Pty Ltd

Land: 746 McIvor Highway, Junortoun

Zoning: Low Density Residential Zone

Abuttals to a Road Zone Category 1 and 2

Overlays: Development Plan Overlay Schedule 4 - Density Management Areas

Environmental Significance Overlay Schedule 1 - Watercourse Protection

Vegetation Protection Overlay Schedule 2 - Significant Vegetation

No. of objections: 7

Consultation meeting:

21 March 2014

Key considerations: Lot density

Native vegetation

Drainage

Vehicular access

Supporting infrastructure (roads, parks, etc.)

O’Keefe Trail


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Conclusion: The proposed subdivision design responds appropriately to the site and its context and will yield low density house lots that will be in keeping with the character of the area. The subdivision takes proper account of the drainage line that intersects the site such that stormwater flows won’t have a detrimental impact on neighbouring properties. Native vegetation losses resulting from the subdivision are acceptable. Public infrastructure in the area is adequate to cater for the development and improvements to Trotting Terrace form part of the City’s capital works program. The seven objections don’t justify rejecting or altering the proposal. Overall, the proposed subdivision complies with the Planning Scheme and it is recommended that it be approved.

Policy Context

City of Greater Bendigo Council Plan 2013 – 2017 (2013)

Planning for Growth

Our quality of life is maintained as our City's population and economy grows.

Productivity

A diverse, strong and growing economy supports community resilience.

Sustainability

Strengthen the links between Greater Bendigo's past and future by protection and contemporary re-use of our heritage assets.

Report

Subject Site and Surrounds

The site is described by the permit applicant thus:

"The subject land consists of two separate parcels located at 746 McIvor Highway, Junortoun. The land is formally identified as Lot 1 of LP137495 and Lot 1 of PS509265. The property is an irregular shaped lot of approximately 7 hectares in area with duel frontage, to the north at McIvor Highway and Trotting Terrace along the southern boundary. The land is relatively flat with a shallow drainage depression running through the southern part of the property. A stand of native trees is located to the south and another around the centre of the property. A few scattered trees are located along the northern boundary. An existing brick veneer dwelling is located on the property with an existing driveway directly on to McIvor Highway. Secondary access is available onto Trotting Terrace. High voltage power lines traverse the property, running diagonally east-west.


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A number of easements traverse the property, the largest of which is located diagonally across both parcels from east to west for the purpose of high voltage electricity transmission. A second power transmission easement dissects the northern corner of Lot 1 of LP137495. In addition to this a carriageway easement is located parallel to the north boundary of Lot 1 of LP137495 to allow access from the McIvor Highway to Lot 1 of PS509265. No other restrictions or covenants affect the land. Immediately to the west is the Catholic College Secondary School, whilst the O’Keefe Trail linear park is located along the north-eastern boundary. To the south of the site is the rapidly growing residential McIvor Forest Estate. The housing stock in the vicinity is mainly single storey, detached dwellings with no obvious or prominent architectural style. The dominance of larger lots provide opportunity for large setbacks for dwellings. A bus stop is located at the McIvor Highway frontage."

Figure 1: A map showing the subject site. The objectors’ properties are marked with a star (some objectors live outside the boundaries of the map).


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Proposal

It is proposed to subdivide the site into 21 low density residential lots down to a minimum lot size of 2,000m2. The lots will be fully serviced, including the provision of reticulated sewer. A new internal road off Trotting Terrace will provide access to a majority of the lots. The internal road will terminate as a cul-de-sac at the northern end of the site abutting the O’Keefe Trail. Other selected lots will gain direct access via Trotting Terrace and Lot 1 will have its driveway off McIvor Highway. The existing house on the site will be retained on Lot 7. Setbacks for building envelopes will be applied to those lots that abut the forest area on the west boundary of the site.


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Figure 2: A plan of the proposed subdivision

All native vegetation will be deemed to be lost as a result of the subdivision. The existing carriageway easement that connects part of the site with the McIvor Highway will become redundant as a result of the subdivision and will be removed.


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Planning Controls - Greater Bendigo Planning Scheme

The site is within the boundaries of the Low Density Residential Zone (LDRZ). A lot created within the LDRZ that is connected to reticulated sewer must be at least 0.2 hectare (2,000m2). The site abuts a Road Zone Category 1 - McIvor Highway and a Road Zone Category 2 - Trotting Terrace. The site is covered fully or in part by the following overlays

Schedule 4 to the Development Plan Overlay - Low Density Residential Zone Density Management Areas (DPO4)

Schedule 1 to the Environmental Significance Overlay - Watercourse Protection (ESO1)

Schedule 2 to the Vegetation Protection Overlay - Significant Vegetation (VPO2). It is a requirement under the DPO that a development plan must be approved before a permit is granted to subdivide land. Any subsequent permit must be generally in accordance with the development plan. According to DPO4 the minimum area for lots in the Junortoun area is 1 hectare unless it can be demonstrated that the lots can be appropriately serviced, remnant vegetation can be retained and the proposed lot size is compatible with the general character of the area. The subdivision of land requires a permit under the provisions of the LDRZ, the ESO and clause 52.29 (land adjacent to a road zone category 1). The removal of vegetation requires a permit under the provisions of the ESO, the VPO and clause 52.17 (native vegetation). The removal of a carriageway easement requires a permit under clause 52.02 (easements, restrictions and reserves). Providing access to McIvor Highway requires a permit under clause 52.29 (land adjacent to a road zone category 1). The following clauses in the Planning Scheme are relevant to the permit application: State Planning Policy Framework Regional development (clause 11.05). Biodiversity (clause 12.01). Urban environment (clause 15.01). Sustainable development (clause 15.02). Residential development (clause 16.01). Movement networks (clause 18.02). Development infrastructure (clause 19.03). Municipal Strategic Statement Municipal profile (clause 21.01). Key issues and influences (clause 21.02).


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Vision - strategic framework (clause 21.03). Strategic directions (clause 21.04). Settlement (clause 21.05). Housing (clause 21.06). Environment (clause 21.08). Reference documents (clause 21.10). Local Planning Policies Development at the urban-forest interface policy (clause 22.01). Salinity and erosion risk policy (clause 22.04). Other Provisions Low Density Residential Zone (clause 32.03) Environmental Significance Overlay (clause 42.01) Vegetation Protection Overlay (clause 42.02) Development Plan Overlay (clause 43.04) Easements, restrictions and reserves (clause 52.02). Native vegetation (clause 52.17). Land adjacent to a road zone, category 1, or a public acquisition overlay for a

category 1 road (clause 52.29). Decision guidelines (clause 65). Referral and notice provisions (clause 66).

Consultation/Communication

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

Referral Comment

Coliban Water No objection subject to conditions

Powercor No objection subject to conditions

Tenix No objection subject to conditions

SPI Powernet No objection subject to conditions

CFA No objection subject to conditions

North Central CMA No objection subject to conditions

VicRoads No objection subject to conditions

DEPI No objection subject to conditions

Development engineer (internal) No objection subject to conditions

Public Notification Permission for the proposed subdivision is being sought in two parts: approval of a development plan, and the granting of a permit.


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There is no formal requirement to give public notice of a development plan. A permit application that is generally in accordance with a development plan is exempt from notice requirements. Notwithstanding these facts the development plan and the permit application were informally advertised to the public by mail and an on-site notice. A total of 7 objections to the proposal were received. The objections focus on the issues of drainage, traffic and vehicular access, public infrastructure, and connection with O’Keefe trail. These issues are discussed later in this report. A consultation meeting was held to discuss the grounds of objection. The meeting was attended by the permit applicant, the objectors and the Ward Councillors. None of the grounds of objection were resolved by the meeting.

Planning Assessment

The development plan A large part of Junortoun is covered by Schedule 4 to the Development Plan Overlay (DPO) which is primarily designed to control lot densities in the area to a minimum of 1ha unless “the lots can be appropriately serviced, remnant vegetation can be retained and the proposed lot size is compatible with the general character of the area”. In addition, lots must be serviced with reticulated water and sewerage where available and provided with sealed roads. The application includes a development plan that has been prepared to satisfy the DPO requirements. The DPO contains ten relevant requirements against which to assess the submitted development plan, two of which deserve particular attention. Dot point 5 in the DPO schedule requires that a development plan must: “Provide appropriate arrangements for the preservation or regeneration of existing vegetation”. The site does contain remnant native vegetation. It consists of three patches of Low-rises Grassy Woodland (a total of 0.17 habitat hectares), along with 11 scattered trees including one very large tree. The vegetation has been assessed as having “medium” conservation significance. According to accepted practice all the vegetation on the site will be deemed to be lost irrespective of whether vegetation removal actually occurs or not. It is proposed to offset the vegetation losses. The permit applicant submits that there is “ample opportunity” to retain many of the existing trees on the site owing to the size of the proposed lots and the wider than usual road design. No evidence has been supplied to justify this claim. A careful review of the subdivision plan shows that the proposed layout will make it very difficult to retain much vegetation at all. Patch 3, in particular, is within an area designated for building envelopes, as are some of the scattered trees. The one very old tree appears to straddle the boundary between Lots 19 and 20 and thus is also susceptible to removal. The only trees that appear easily capable of being retained are the scattered trees located along the west boundary of the site.


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Figure 3: Plan of the proposed vegetation removal

It seems more likely that most of the vegetation on the site will need to be removed to accommodate the construction of roads and other infrastructure, and the construction of future dwellings. This is not necessarily fatal to the application. The DPO schedule in dot point 5 only calls for “appropriate arrangements” to be made for protecting existing vegetation. What constitutes an appropriate design response will depend on the particular context of the site and the contribution the site makes to the ecological value of the area. Before turning to these matters a further point needs to be made about the DPO requirements in relation to native vegetation. The proposed subdivision will create lots that are smaller than the 1ha minimum stated in the DPO. One of the criteria for allowing smaller lots is if it can be demonstrated that “remnant vegetation can be retained”. On the face of it the proposed subdivision fails this criteria because not all of the existing vegetation on the site will in fact be “retained”. However, such a strict interpretation of the DPO provision is unwarranted. It is considered that the Planning Scheme doesn’t seek to retain every tree within the DPO area. Rather, the intent of the provision is to ensure that smaller lots don’t prejudice the ability to protect significant vegetation such as large trees or vegetation that forms biolinks. Such an interpretation aligns with the “three step” approach to native vegetation protection stated in the SPPF.


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On the matter of the proposed vegetation losses then, it is noted that the vegetation on the site is only of medium quality and there is little or no understorey. Whilst the vegetation is contiguous with a forested area within the adjoining Catholic College site, it does not form a significant biolink and is relatively isolated. The site does not form habitat for any endangered species. The Department of Environment and Primary Industries has no objection to the vegetation being removed subject to offsets. All of these factors weigh in favour of the allowing the site to be cleared of native vegetation as shown in the submitted development plan. The other key requirement in the DPO schedule concerns the specified 1ha minimum lot size. This is the preferred lot size in circumstances where a site is constrained by a lack of reticulated services, by the presence of significant vegetation, or where there is a particular neighbourhood character worthy of protecting. None of these criteria are applicable to the subject site. The site is capable of being fully serviced by reticulated services, including water and sewerage. There is no significant vegetation on the site as discussed earlier, and the neighbourhood character in the area is considerably varied. There is precedent for lot sizes less than 1ha in the area, most notably within the Homebush Drive estate to the east of the site and in selected locations along McIvor Highway. Conventional residential development is also found to the south of the site within the McIvor Forest estate, albeit that this area is zoned General Residential rather than Low Density Residential and is outside the boundaries of the DPO. The proposed development plan show lot sizes down to 2,000m2 (the minimum allowed under the LDRZ). This is acceptable having regard to the criteria in the DPO. Overall it is considered that the proposed development plan submitted for approval meets the requirements of the DPO. Low Density Residential Zone The subject site is within the Low Density Residential Zone (LDRZ). The minimum lot size requirement under the LDRZ is 2,000m2. The lots created by the proposed subdivision are above the minimum lot size. When deciding on a permit application for a subdivision the following decision guidelines in cl 32.03-6 are relevant:

General

The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

Subdivision

The protection and enhancement of the natural environment and character of the area including the retention of vegetation and faunal habitat and the need to plant vegetation along waterways, gullies, ridgelines and property boundaries.

The availability and provision of utility services, including sewerage, water, drainage, electricity, gas and telecommunications.

In the absence of reticulated sewerage… [not applicable to this application].

The relevant standards of clauses 56.07-1 to 56.07-4. The following conclusions are made about the permit application having regard to these decision guidelines:


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The proposed subdivision is consistent with State and local policies directed towards increasing residential densities in existing urban areas and encouraging a diversity of housing types.

The subdivision will be consistent with the neighbourhood character. The site contains no significant environmental features that warrant protection. A building exclusion zone will be incorporated along the west boundary of the site in response the adjoining forested area.

The lots created by the subdivision will be fully serviced.

The design of the proposed subdivision responds appropriately to the site and its context. All the objectives and standards in cl 56.07 are met by the subdivision.

Environmental Significance Overlay An unnamed tributary of Splitters Creek, which runs along McIvor Highway, abuts the north boundary of the subject site. This watercourse is covered by Schedule 1 to the Environmental Significance Overlay (ESO) and the overlay extends a small way into the subject site. The proposed subdivision won’t have a detrimental impact on the environmental conditions of the watercourse. Vegetation Protection Overlay The whole of the site is affected by Schedule 2 to the Vegetation Protection Overlay which broadly aims to protect significant remnant vegetation. The specific objectives of the schedule are:

To protect remnant native vegetation and habitat, including understorey, and facilitate natural revegetation.

To promote the maintenance of ecological processes and genetic diversity.

To encourage maintenance and development of linkages between existing remnant vegetation.

To recognise the catchment-wide land and water management benefits resulting from vegetation retention.

To maintain and enhance Bendigo’s scenic and recreational landscape assets. The issue of native vegetation losses resulting from the proposed subdivision has already been discussed above. Suffice to say, it is considered acceptable to allow all the vegetation on the site to be removed given its relatively low quality, lack of connectivity with other vegetation, and the general urbanised context of the site. Vehicle access A neighbour at No.74 Trotting Terrace is concerned that the access point to the subdivision will cause headlights of exiting vehicles to shine into the main living area and two bedrooms of their dwelling. About 50m will separate the proposed access point from the front of their dwelling. At this distance headlight glare into the dwelling won’t be substantial. The owners of No.74 Trotting Terrace also have the opportunity to landscape their front yard with screen plantings and to close their blinds at night should they wish to minimise the effects of headlight glare.


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It is noted that the location of the proposed access point is relatively fixed. VicRoads will not allow direct access to McIvor Highway, apart from Lot 1, meaning that the entry to the subdivision must be via Trotting Terrace. The access point has been placed on the west side of the site because this is the only location whereby the internal road will achieve the necessary clearance from the high voltage power lines above. If the internal road was moved to the east side of the site then it would need to pass under a “sag point” where the powerlines drop closer to the ground. Drainage There are two stormwater flow paths relevant to the site. They consist of an overland flow path that traverses the southern section of the site in a west to east direction, and an unnamed tributary of Splitters Creek that abuts the north boundary of the site. These flow paths are evidenced by flood mapping undertaken as part of the Bendigo Flood Study. The waterway that runs through the site derives from an upstream catchment of about 50ha that begins within the national park west of the McIvor Forest estate. The waterway is poorly defined and consists of sheet flow within a wide shallow gully. The broad drainage strategy proposed for the subdivision is to retain the existing waterway with some modest re-shaping and re-aligning, construct building pads on Lots 12 to 15 (which are the lots within the path of the waterway) to elevate future dwellings on these lots above the flood level, and restrict stormwater runoff to pre-development levels using rain water tanks on each lot. This approach will not impede the existing flow path through the site. With respect to the proposed internal road that will cross the flow path, it will be constructed to match the existing surface level of the flow path and will be fitted with a low flow culvert underneath. During a storm event some of the total flow would pass through the culvert and thus reduce the depth of flow over the road. The road design will aim to achieve a maximum flow depth of 300mm across the road which may increase to 410mm in the event that the culvert was blocked. Some of the submissions by the objectors focus on the issue of drainage. One neighbour submits that the internal road will be under water during moderate storms. This may indeed be the case but it should not be a cause of concern. The flows across the road will be relatively shallow and slow moving, ie. sheet flows, and will be well within recognised safety parameters for residential streets. The North Central CMA require the road to be designed so that flows overtopping the road do not exceed particular depth and velocity levels. The plans also show a sediment basin located at the southern end of the waterway. One of the objectors is critical of the basin, arguing that it will lack the capacity to effectively detain stormwater. In response to this objection it is noted that the sediment basin is primarily designed for stormwater quality purposes and is not integral to the detention capabilities of the subdivision. Stormwater detention for the lots will be dealt with by the rain tanks on each lot. The sediment basin will only serve to detain low flows from the road reserve and the rear of Lots 17 to 20. As the permit applicant has rightly observed, the increase in runoff from the subdivision represents only a small proportion of the overall flow from the catchment and in this context detention is hardly necessary.


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With respect to the other flow path associated with the site, the tributary of Splitters Creek, it is not proposed to alter this watercourse in any way. Lots 1 and 2, which will be located adjacent to this watercourse, will be constructed above the flood level. Overall, the proposed strategy for managing stormwater flows is sound and is supported by both the City’s drainage engineer and the North Central CMA. The subdivision will not significantly change the existing pattern of flows through the site and thus will not cause problems for neighbouring properties. Infrastructure One of the objections focuses on matters that broadly fall under the theme of “developer contributions”. The thrust of the objector’s submission is that public infrastructure in the area, such as playgrounds, cycle paths and public transport, is inadequate to cater for the proposed development and that the developer should be made to contribute to various infrastructure improvements. It’s useful to summarise these submissions in the form of a table, as shown below. A brief comment is provided alongside each key issue.

O’Keefe Rail Trail

A pedestrian and cyclist underpass is needed to provide a safe crossing of McIvor Highway.

The design and treatment of Lot 1 must be compatible with a future underpass.

Comment

There are no plans for the O’Keefe trail to be upgraded with an underpass.

Lot 1 will utilise an existing access point on McIvor Highway. No other lot within the subdivision will rely on McIvor Highway for access. Lot 1 has been designed so that it will take advantage of a future service road planned for construction by VicRoads. The proposed access for Lot 1 will not interfere with the safety and efficiency of the O’Keefe trail.

Playgrounds

There are no playgrounds in the immediate area.

A playground should be provided within the subdivision, underneath the powerlines.

Comment

A playground will soon be constructed within the nearby McIvor Forest Estate.

A small scale playground within the subdivision is not supported because of the maintenance burden it creates for Council. Larger playgrounds in strategic locations are preferred. Siting a playground underneath high voltage powerlines is unlikely to be supported by the electricity authority.


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Footpaths and cycle paths

The subdivision will lack linkages to existing pedestrian and cycling networks.

The developer should provide footpath connections, a crossing point to cross Trotting Terrace and an off-road cycle path.

Comment

The developer will be required to construct a footpath along the Trotting Terrace frontage of the site and along the internal road connecting Trotting Terrace with the O’Keefe trail.

There is clearly a need for footpaths and cycle paths in the area, providing direct routes to key destinations such as Catholic College, the future playground in the McIvor Forest estate, and the bus stop in Trotting Terrace. But in the absence of an approved development contributions plan for the area it is not reasonable to expect the proposed subdivision to bear the cost of such infrastructure. Planning law requires that in order to levy an infrastructure requirement there must be a nexus between an individual development and the need for the infrastructure being levied for. No such nexus exists in the case of the subject proposal.

Traffic in Trotting Terrace

Trotting Terrace experiences fast moving traffic (80km/h) and has no footpaths or cycle paths.

Trotting Terrace should be widened, a vehicular turning lane installed, and an off-road footpath and cycle path provided.

Comment

This issue is addressed later in this report under a separate heading.

Junortoun Road

The most direct route from the site to an activity centre is via Junortoun Road.

The developer should contribute to the upgrade of Junortoun Road.

Comment

As stated earlier, sufficient justification is needed before a development levy may be imposed. Contributions cannot be merely a wish list; they must fairly and reasonably relate to the individual development. In the context of Junortoun Road, the subject proposal will be responsible for a very small proportion of traffic on this road. Thus it is not possible to demonstrate a nexus between the proposal and the road upgrade being sought by the objector.


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Public transport

The developer should be required to upgrade the existing bus stops in Trotting Terrace and provide a footpath to these stops.

Comment

The proposed development will place only modest demands on the existing bus stops.

In conclusion, one may agree that the area would benefit from infrastructure improvements, particularly pedestrian and cycling connections along Trotting Terrace. However, there is no causal link between the proposed development and any particular infrastructure need. All the infrastructure matters identified by the objector are best attributed to a wider planning issue than just the subject proposal. Council would most likely be acting beyond its powers if it were to levy the proposed development for these infrastructure items. Trotting Terrace Some of the objectors have made submissions about the traffic conditions in Trotting Terrace. Trotting Terrace is a two lane road bounded by 1.2m wide unsealed shoulders that are quite steep. There is an 80km/h speed limit along Trotting Terrace. Traffic volumes in Trotting Terrace are estimated to be 1,360 vehicle movements per day (combined westbound and eastbound volumes). Based on typical residential rates, the proposed subdivision is expected to generate 210 vehicle trips per day. The estimated split between Bendigo orientated and Strathfieldsaye orientated movements is 80% Bendigo / 20% Strathfieldsaye. An intersection treatment will be required between the subdivision road and Trotting Terrace. This will include a 120m long sealed shoulder on the south side of Trotting Terrace to aid right turns. Subject to the necessary treatment works it is considered that the proposed subdivision will not impact upon Trotting Terrace from a road safety perspective. Trotting Terrace has the capacity to accommodate the additional traffic volumes generated by the subdivision.

Conclusion

The proposed subdivision complies with the requirements of the Planning Scheme for the reasons discussed above. On this basis the development plan should be approved and a permit should be granted for the proposal.

Options

Council, acting as the responsible authority for administering the Planning Scheme may resolve to approve or refuse the submitted development plan. It may subsequently also resolve to grant a permit, grant a permit subject to conditions, or refuse to grant a permit. A permit may only be granted if the development plan is approved.


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Attachments

Objections

RECOMMENDATION

Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo City Council resolves the following with respect to the land at 746 McIvor Highway Junortoun:

A. Approve the submitted development plan, and

B. Grant a permit which allows for the subdivision of the land into 22 lots, the removal of vegetation, the removal of the carriageway easement shown on Plan of Subdivision LP137495 and access to a road zone, subject to the following conditions:

1. PLAN TO BE ENDORSED

The plan to be endorsed and which will then form part of the permit is the plan submitted with the application.

2. PLAN MUST NOT BE ALTERED The layout of the subdivision as shown on the endorsed plan must not be altered without the written consent of the responsible authority.

3. PUBLIC OPEN SPACE CONTRIBUTION Before a statement of compliance is issued for the subdivision the owner of the land must pay to the responsible authority a sum equivalent to 3% of the site value of all the land in the subdivision.

4. BUILDING ENVELOPES The plan of subdivision must include a building envelope restriction in accordance with the endorsed plan. No building may be constructed outside the building envelopes shown on the endorsed plan.

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

6. COMPLETION OF LANDSCAPING Before a statement of compliance is issued for the subdivision the landscaping works shown on the endorsed landscape plan must be carried out and completed to the satisfaction of the responsible authority.

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


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8. REMOVAL OF OUTBUILDINGS Before a statement of compliance is issued for the subdivision all outbuildings on the site must be removed except for any outbuilding wholly contained within the boundaries of Lot 7.

9. DETAILED DRAINAGE Before a plan of subdivision is certified for the approved subdivision detailed drainage 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 and must include:

• direction of stormwater runoff • a point of discharge for each lot • independent drainage for each lot • approval from the relevant authority for the point of discharge.

10. DRAINAGE EASEMENTS

The subdivision must provide easements for drainage within and through the subject land for external outfall drainage to a point of lawful discharge to the satisfaction of the responsible authority.

11. STORMWATER DETENTION Before a statement of compliance is issued for the subdivision the developer must provide onsite surface and stormwater detention to pre-development levels in accordance with plans and specifications to the satisfaction of the responsible authority. Allowable discharge: Q5 = 18 l/s per hectare.

12. STORMWATER QUALITY Before the subdivision starts the developer must provide a stormwater treatment system to achieve the Best Practice Environmental Guidelines storm water quality (Victoria Stormwater Committee 1999) in accordance with plans and specifications to the satisfaction of the responsible authority.

13. CONSTRUCTION OF WORKS Road works, drainage and other civil works must be constructed in accordance with the Infrastructure Design Manual and plans and specifications approved by the responsible authority and must include:

• fully sealed pavement with kerb and channel • footpath on one side of the internal road and along the Trotting Terrace

frontage of the site • stormwater drainage • underground conduits for water, gas, electricity and telephone • appropriate intersection and traffication measures • appropriate street lighting and signage • high stability permanent survey marks.

14. DECORATIVE LIGHTING

Standard Powercor power poles are to be used in the development in accordance with the City of Greater Bendigo Decorative Lighting Policy.


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15. 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.

16. CONSTRUCTION MANAGEMENT PLAN (a) Prior to commencement of works the owner or applicant must submit a

Construction Management Plan (CMP) for approval by the responsible authority. The plan must include: • a site specific plan showing proposed erosion and sedimentation

control works • techniques and intervention levels to prevent a dust nuisance • techniques to prevent mud and dirt being transported from the site to

adjacent streets • the protection measures taken to preserve any vegetation identified for

retention. (b) During construction of works associated with the subdivision, the must

employ and provide the protection methods contained in the CMP to the satisfaction of the responsible authority and the Environment Protection Agency.

17. COLIBAN WATER

(a) The owner is required to provide reticulated water and sewerage services to each of the lots within the subdivision. Services are to be provided in accordance with Coliban Water’s 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.

18. POWERCOR

(a) The plan of subdivision submitted for certification under the Subdivision Act 1988 shall be referred to Powercor Australia Ltd in accordance with Section 8 of that Act.

(b) The applicant shall: Provide an electricity supply to all lots in the subdivision in accordance with Powercor’s requirements and standards, including the extension, augmentation or re-arrangement of any existing electricity supply system, as required by Powercor (A payment to cover the cost of such work will be required). In the event that a supply is not provided the applicant shall provide a written undertaking to Powercor Australia Ltd that prospective purchasers will be so informed.

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


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(d) The applicant shall: Set aside on the plan of subdivision for the use of Powercor Australia Ltd reserves and/or easements, and/or leases, satisfactory to Powercor Australia Ltd where any electric substation (other than a pole mounted type) is required to service the subdivision.

(e) The applicant shall: Provide easements satisfactory to Powercor Australia Ltd, where easements have not been otherwise provided, for all existing Powercor Australia Ltd electric lines on the land and for any new powerlines required to service the lots and adjoining land, save for lines located, or to be located, on public roads set out on the plan. These easements shall show on the plan an easement(s) in favour of "Powercor Australia Ltd" for “Powerline Purposes” pursuant to Section 88 of the Electricity Industry Act 2000.

(f) The applicant shall: Obtain for the use of Powercor Australia Ltd any other easement external to the subdivision required to service the lots.

(g) The applicant shall: Adjust the position of any existing easement(s) for powerlines to accord with the position of the line(s) as determined by survey.

(h) The applicant shall: Obtain Powercor Australia Ltd’s approval for lot boundaries within any area affected by an easement for a powerline and for the construction of any works in such an area.

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

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

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

19. TENIX

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

20. 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


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• 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.

21. SPI POWERNET

(a) Written agreement to the final plan of subdivision for each stage of development must be obtained from SPI PowerNet prior to certification.

(b) The plan of subdivision must show the SPI PowerNet easement fully dimensioned on all affected lots.

(c) Approval must be obtained from SPI PowerNet as to the position and/or suitability of any roads that are proposed within the SPI PowerNet easement.

(d) Details of proposed road construction and the installation of services within the easement must be submitted to SPI PowerNet and approved in writing prior to the commencement of work on site.

(e) Gates must be installed in any new boundary fences that cross the SPI PowerNet easement to enable access for SPI PowerNet vehicles.

22. COUNTRY FIRE AUTHORITY

(a) Before 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 and make application to the Registrar of Titles to have the agreement registered on the title to the land under Section 181 of the Act. The agreement must set out that: • before the occupation of any dwelling within proposed Lot 16 occurs, a

static water tank for fire fighting must be provided. Fire trucks must be able to get within 4m of the water tank and the tank must incorporate a CFA 64 mm 3 thread per inch in male fitting

• before the occupation of any dwelling within proposed Lot 16, vehicular access for fire trucks must be provided. This includes an 8m turn around area or a T or Y head with each leg being at least 8 m in length and a minimum curve radius of 8m. The vehicular access must be designed and constructed to withstand a vehicle of no less than 15 tonnes, be at least 3.5m in width and be clear of vertical encroachments for 4.0m

• access to any dwelling within proposed Lots 15 and 16 must be from Trotting Terrace.

(b) Before Statement of Compliance is issued under the Subdivision Act 1988, hydrants must be provided meeting the following requirements: • the maximum distance between hydrants and the rear of all building

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

• the maximum distance between hydrants and the rear of all building envelopes (or in the absence of building envelopes, the rear of all lots) must be 90m and hydrants must be no more than 120m apart

• no hydrant must be located under the transmission line.


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23. NORTH CENTRAL CMA (a) The building envelopes on lots 12-15 must be filled to at least 300mm

above the estimated 1% AEP flood level(s). Prior to issuing a statement of compliance a certified survey plan of the finished surface levels must be submitted to the Responsible Authority and North Central CMA for its approval.

(b) Prior to certification a suitable restriction is to be placed on the title which specifies the minimum floor level of any new dwelling(s) on lots 1-2 & 12-15. The minimum floor level must be no lower than 300mm above the estimated flood level(s).

(c) Prior to certification a flooding and waterway easement must be created in favour of the North Central CMA to be registered on the title. The easement must generally include all land affected by the 1% AEP flood extent associated with the overland flow path in the south of the property.

(d) The new road traversing the southern overland flow path must be designed to cater for the safe passage of flood waters. Prior to the commencement of works detailed engineering plans and computations must be submitted to North Central CMA and the Responsible Authority demonstrating that any flood flows overtopping the road achieves the following safety criteria: • depth ≤ 0.35 metres • velocity ≤ 1.5 metres/second • depth x velocity ≤ 0.35 metres2/second

(e) Prior to the commencement of works, appropriate silt control measures must be installed to prevent sediment laden runoff from entering the waterway. The silt control measures must be maintained throughout the construction period.

(f) Stormwater runoff arising from the site must be treated to best practice standards prior to discharging to the waterway. The number of new stormwater connections to the waterway must be limited and prior to the commencement of drainage works, a separate “Works on Waterway” permit must be obtained directly from North Central CMA. Please contact North Central CMA on (03) 5440 1896 to obtain a full understanding of the Authority’s requirements.

24. VICROADS

(a) All vehicles shall enter and exit Lot 1 in a forwards direction. That is, a sufficient area shall be set aside on Lot 1 for a turnaround area to achieve the forwards movement in and out onto the subject land onto the McIvor Highway for all vehicles.

(b) Prior to the issue of a statement of compliance • the crossover to Lot 1 from the McIvor Highway shall be upgraded in

accordance with the Typical Rural Driveway Access to Residential Properties - Type C, SD No.SD2066 to the satisfaction of and at no cost to VicRoads

• the access gate from Lot 1 to the McIvor Highway shall be relocated from the western boundary to the eastern boundary and the fence reinstated to the satisfaction of and at no cost to VicRoads

• the applicant must enter into an Agreement with the Responsible Authority, pursuant to Section 173 of the Planning & Environment Act 1987 stating the following:


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• at a time agreed by VicRoads and the Responsible Authority, the existing driveway from Lot 1 to the pavement of the McIvor Highway shall be removed and access shall be relocated to a future service road

• prior to proposed access being constructed from Lot 1 to the future service road, access to Lot 1 shall be via the access gate located on the eastern boundary of Lot 1 to the McIvor Highway

• all above mentioned works within the McIvor Highway road reserve shall be at VicRoads’ cost. All fence and internal property works shall be at the cost to the property owners of Lot 1

• application must be made to the Registrar of Titles to register the Section 173 agreement on the title to the land under section 181 of the Act. The owner under this permit must pay the reasonable costs of the preparation, execution and registration of the Section 173 agreement

• permanent fencing shall be constructed to the satisfaction of and at no cost to the Responsible Authority on the boundary of the proposed local road reserve and O’Keefe Railway Trail to prevent vehicular access

• the driveway to Lot 1 shall 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).

25. DEPARTMENT OF ENVIRONMENT AND PRIMARY INDUSTRIES

(a) Before works start, the permit holder must advise all persons undertaking the (vegetation removal/works) on site of all relevant conditions of this permit.

(b) In order to offset • 0.6 hectares (0.17 habitat hectares) • one very large old scattered tree • three large old scattered trees • one medium old scattered tree • six small scattered trees of Low Rises Grassy Woodland Ecological Vegetation Class (EVC) of medium conservation significance, approved for removal as part of this permit the applicant must provide for • the protection and management for conservation purposes of 0.17

habitat hectares of Low Rises Grassy Woodland of medium conservation significance native vegetation, and

• the planting and protection of • 360 trees of Low Rises Grassy Woodland of medium conservation

significance and • 60 trees of Low Rises Grassy Woodland of low conservation

significance, or an alternative to the satisfaction of the responsible authority.

(c) To provide the required offset, within 12 months of the vegetation removal (before the vegetation removal starts) or prior to certification of subdivision the applicant must either


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• provide to the responsible authority, an Allocated Credit Extract issued by the Department of Environment and Primary Industries Native Vegetation Credit Register that satisfies the required offset (a copy of the Allocated Credit Extract must be submitted to the Regional Planning, Department of Environment and Primary Industries within 30 days of issue), and/or

• commence management of an offset site in accordance with an offset plan endorsed by the responsible authority. When endorsed, the plan will form part of this permit. The offset plan must include • a description of the site, including a plan, where the offset will be

provided • a schedule of the works required to achieve the offset over a 10

year period, detailing • management actions to be performed (e.g. fencing, weed

control, pest control, revegetation) • the person(s) responsible for implementing the specified

management actions • the timeline for the implementation of the management actions • the method by which the management actions will be

undertaken • the standard to which the management actions will be

undertaken • within 12 months of the vegetation removal or before issue of a

Statement of Compliance for the subdivision, whichever is sooner • the offset site must be permanently protected to the satisfaction of

the responsible authority such as through an encumbrance on title, and

• a copy of the endorsed offset plan and protection mechanism (e.g. title showing encumbrance) must be lodged with the Department of Environment and Primary Industries.

26. EXPIRY OF THE PERMIT

(a) This permit will expire if • the plan of subdivision is not certified within 2 years from the date of

this permit or • the subdivision is not completed within 5 years from the date of

certification of the plan of subdivision. (b) 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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3.2 PLANNING SCHEME AMENDMENT C161 - MARONG BUSINESS PARK CONSIDER AUTHORISATION REQUEST


Author Shannon Rosewarne, Senior Planner Responsible Prue Mansfield, Director Planning and Development Director

Summary/Purpose

Amendment details: This amendment is the result of many years of strategic investigations commissioned by the City of Greater Bendigo, which demonstrate the need to provide for industrial land into the future. The amendment will facilitate the use and development of approximately 313 hectares of land in Marong for a business park which will provide 30 years supply of industrial land. The amendment proposes to rezone the land from Farming Zone to Comprehensive Development Zone 3 for the purpose of the Marong Business Park, and apply a Public Acquisition Overlay 6, Development Contributions Plan Overlay 1 and a Heritage Overlay to the land. It also proposes to apply an Environmental Significance Overlay 6 to land adjoining the proposed business park to the north, east and west for the purpose of a land use buffer and the Public Acquisition Overlay to accommodate drainage. It will also amend the MSS and Industrial Policy and Clause 81.01 of the Planning Scheme to provide further strategic justification for the amendment, make reference to the Marong Business Park and relevant reference documents, and include the Marong Business Park Comprehensive Development Plan and Marong Business Park Development Contributions Plan as Incorporated Documents.

Proponent: City of Greater Bendigo


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Key issues: Providing for industrial land into the future to meet local and regional needs;

Planning for a high quality, innovative and sustainable business park;

Potential for growth in employment;

Growth in Marong township;

Compulsory acquisition of land;

Development contributions;

Buffers to industry provided on adjoining farming land;

Managing traffic impacts;

Managing water impacts (drainage and groundwater).

Recommendation: That Council request the Minister for Planning to authorise Amendment 161 to the Greater Bendigo Planning Scheme and once authorised, exhibit the amendment.

Policy Context

City of Greater Bendigo Council Plan 2013 – 2017 (2014-15 update)

Planning for Growth 2.1 Greater Bendigo delivers major projects while maintaining its unique character,

accommodating a growing population and diversifying the economy.

2.1.5 Progress the Marong Business Park Planning Scheme Amendment.


This amendment stems from previous analysis on industrial land supply and demand commissioned by the City of Greater Bendigo. A two stage Bendigo Future Industrial Land Strategy (BFILS) project was initiated in June 2005. The Stage 1 report was prepared by Connell Wagner and SGS Planning and Economics Pty Ltd. Council considered Stage 1 of the project in April 2006. Stage 1 involved a review of the supply and demand for industrial land in the municipality. The report included analysis of future industrial trends, including likely demand and supply issues for the Bendigo region and noted the gradual decline in traditional labour-intensive and heavy industry and the growth of higher order, cleaner, high tech and higher skilled industrial uses. The report determined that to meet demand for industrial land in Greater Bendigo to 2031, an extra 270 hectares of industrial land was required. However, the report noted that a minimum of 2-3 times this amount of land would be required to provide the necessary infrastructure, support services, waste treatment and site buffers. The report also developed industrial siting and locational criteria to identify potential sites for industrial land use. The criteria included:

Ability to meet land area needs;

Unconstrained by nearby sensitive uses;


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Free from significant environmental constraints;

B-double capable highway access;

Access to rail;

Ability to bypass city centre when accessing Melbourne;

Access to Bendigo township. Seven potential industrial sites were identified using the above criteria. Marong West was chosen as the preferred location for future industrial growth. Council resolved to confirm Marong West as the preferred site for Greater Bendigo’s future Business Park, based on the strategic analysis undertaken in the Bendigo Future Industrial Land Strategy. The Marong West site encompassed land bound by Yorkshire Road, Calder Highway, Houliston Road and Cleary Road boundaries. In December 2007, Council considered Stage 2 of the project, the Marong Business Park Analysis Project (2007), prepared by Connell Wagner. Stage 2 involved a detailed study of 970 hectares of land west of Marong. Considerations included servicing, traffic and transport, surface and groundwater, geotechnical and land productivity, land use, buffers, sustainability, environmental and heritage. The report recommended the use of the Special Use Zone with a Development Plan Overlay, with the need for other overlays identified, to address environmental issues, urban design and development contributions. The report concluded that the site could be developed as an industrial business park and identified further work to be undertaken to progress the proposal. Since the Marong Business Park Analysis Project (2007) was adopted, Council decided to reduce the area for the proposed Business Park from 967 hectares to 313 hectares, with the reduction in the size of the land being a strategic decision in that it provided a supply for 20 to 30 years and minimised impact and uncertainties for neighbouring landowners. The change to the size of the land has necessitated the need for a land use buffer for the proposed business park, affecting some adjoining land. Also, further consideration has been given to the most appropriate planning controls for the proposal and under Amendment C161 the Comprehensive Development Zone is proposed for the Marong Business Park, The Comprehensive Development Zone has greater flexibility than any other zone in the Victoria Planning Provisions. The Loddon Mallee South Regional Growth Plan (April 2013) is the State’s strategic land use plan for the region to guide growth and change for the next 30 years. The Plan covers the local government areas of Greater Bendigo, Central Goldfields, Loddon, Mt Alexander and Macedon Ranges. The Plan states that Bendigo will accommodate the majority of growth in the Loddon Mallee South region over the next 30 years. It states “the city is expected to continue to experience strong and steady population growth to 2041, with a projected population of 150,000. This Plan sets an aspirational population target for Bendigo close to 200,000 people to help drive investment and economic growth in the region.” The Plan identifies Marong as a future employment hub for the region and a future economic land use direction of the plan is to accelerate the development of the Marong Business Park as a key new location for industry and business.


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The proposed business park has also been identified in the Marong Plan (2010), a broad structure plan for the Marong area, and recognised as a priority project in A Snapshot of Priorities for the Greater Bendigo Community requiring Australian and Victorian Government support 2013/2017. The key steps in the amendment process are summarised below; where Council makes a decision is shaded blue:

Previous Council Decisions 19 April 2006 – Council resolved to endorse Stage 1 of the Bendigo Future Industrial Land Strategy and authorised Connell Wagner to proceed with a detailed study of the Marong West site. 19 December 2007 – Council resolved to endorse the Marong Business Park Analysis Project and support the use of the Special Use Zone, with a Development Plan Overlay and acknowledge other overlays were likely to be required. Council endorsed the commencement of the implementation process (including rezoning) and resolved to seek Government support for the completion of various studies and analysis identified in the report.

Send to Minister for Approval and Gazettal

We are at this point

Council decides to Adopt or Abandon the Amendment

Council requests an Independent Panel to consider submissions

Submissions received

Public Exhibition of Amendment

Council decides whether to seek Ministerial Authorisation & exhibit

Amendment prepared


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15 June 2011 - Council adopted the Marong Plan (2010).

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

Figure 1. Current Zoning Map

The land proposed to be rezoned for the Marong Business Park is located approximately 500 metres west of the Marong township, as shown above in Figure 1. It is located approximately 16 kilometres west of the Bendigo CBD and is outside the Urban Growth Boundary. The land is generally bounded by Calder Highway to the north, an unmade vegetated road reserve to the west, Sandhurst-Inglewood railway line and Yorkshire Road to the south. The proposed business park site comprises an area of approximately 313 hectares.


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The site is generally flat and has been used for grazing and cropping for over 100 years. It is mostly cleared with the exception of a patch of native vegetation located centrally within the site and some scattered trees. The land contains a dwelling (formerly the Yorkshire Hotel) and outbuildings in the south eastern corner of the site and a number of dams. Access to the dwelling is currently via Yorkshire Road, with another access via a gravel crossover to Calder Highway near the centrally located patch of native vegetation. The subject site has a frontage of approximately 4.66 kilometres to the Calder Highway. The land is currently zoned Farming Zone and is not affected by any overlays. The Calder Highway abuts the site to the north east and is zoned Road Zone 1. The railway line to the south is zoned Public Use Zone 4. The land in the surrounding area is zoned Farming Zone and used for farming with associated dwellings and outbuildings, with Bullock Creek and Dry Creek affected by an Environmental Significance Overlay 1.

Figure 2. Aerial photograph showing subject site

The land proposed to be rezoned and developed for the Marong Business Park comprises two properties known as 20 Yorkshire Road, Wilsons Hill and 104 Carters Lane, Marong which comprise 10 parcels. Land abutting the proposed Marong Business Park to the north, west and south will also be affected by this amendment as it is proposed to accommodate external industrial land use buffers and external drainage corridors. The affected land and the proposed planning controls are identified in the following table.


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ADDRESS PROPERTY DETAILS PROPOSED ZONE

PROPOSED OVERLAYS

20 Yorkshire Road, Wilsons Hill

Lot 1 Title Plan 215794W Comprehensive Development Zone (CDZ3)

Heritage Overlay (HO862) Public Acquisition Overlay 6 (PAO6) Development Contributions Plan Overlay 1 (DCPO1)

104 Carters Lane, Marong

Crown Allotment 2 Parish of Leichardt/Lot 2 TP952938 Crown Allotment 1 Parish of Leichardt/Lot 1 TP952938 Lot 1 Title Plan 119927Q Crown Allotment 87 Parish of Leichardt Crown Allotment 86 Parish of Leichardt Crown Allotment 86A1 Parish of Leichardt Crown Allotment 84 Parish of Leichardt Crown Allotment 83B1 Parish of Leichardt Crown Allotment 83 Parish of Leichardt

Comprehensive Development Zone (CDZ3)

Public Acquisition Overlay 6 (PAO6) Development Contributions Plan Overlay 1 (DCPO1)

104 Carters Lane, Marong

Crown Allotment 85A2 Parish of Leichardt Crown Allotment 4, Section 11 Parish of Leichardt Lot 1 LP87717 Lot 2 LP87717 Lot 1 TP119706 Lot 1 TP172457 Lot 2 TP172457 Lot 1 TP611913

No change Environmental Significance Overlay 6 (ESO6)

Calder Highway, Leichardt

Crown Allotment 60 Parish of Leichardt

No change Public Acquisition Overlay 6 (PAO6)

Calder Highway, Leichardt

Crown Allotment 82A Parish of Leichardt


1834 Calder Highway, Leichardt

Crown Allotment 9 Section 13 Parish of Leichardt Crown Allotment 12 Section 13 Parish of Leichardt Crown Allotment 13 Section 13 Parish of Leichardt



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ADDRESS PROPERTY DETAILS PROPOSED ZONE

PROPOSED OVERLAYS

Crown Allotment 14 Section 13 Parish of Leichardt Lot 1 LP 69647 Lot 2 LP 69647 Lot 1 TP827419 Lot 2 TP827419 Lot 3 TP827419


Crown Allotment 10 Section 13 Parish of Leichardt Crown Allotment 12 Section 14 Parish of Leichardt



Lot 1 TP893994 Lot 2 TP893994


Cleary Road, Leichardt

Crown Allotment 62B1 Parish of Leichardt


Houliston Road, Leichardt

Crown Allotment 70 Parish of Leichardt


Houliston Road, Leichardt

Lot 1 TP895381 Lot 2 TP895381

No change Environmental Significance Overlay 6 (ESO6) Public Acquisition Overlay 6 (PAO6)

What the Amendment Does The Amendment:

Rezones the land for the Marong Business Park from Farming Zone to Comprehensive Development Zone – Schedule 3.

Inserts a new Schedule 3 to the Comprehensive Development Zone at Clause 37.02, which sets out the provisions for the use and development of the land and other requirements.

Applies the Public Acquisition Overlay 6 to the proposed Marong Business Park site and proposed drainage corridor to Dry Creek and inserts a new Schedule 6 to the Public Acquisition Overlay (PAO6) at Clause 45.01.

Applies Development Contributions Plan Overlay 1 (DCPO1) to the proposed Marong Business Park site and inserts Clause 45.06 (Development Contributions Plan Overlay) and Schedule 1 to this overlay into the Scheme.

Applies the Environmental Significance Overlay 6 (ESO6) to properties surrounding the northern end of the proposed Marong Business Park and inserts a new Schedule 6 to the Environmental Significance Overlay at Clause 42.01.


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Applies the Heritage Overlay (HO862) to the former Yorkshire Hotel environs.

Amends Clauses 21.01 (Municipal Profile), 21.02 (Key Issues and Influences), 21.04 (Strategic Directions), 21.07 (Economic Development), 21.09 (Infrastructure), 21.10 (Reference Documents), 22.05 (Industrial Policy) to provide strategic justification for the Amendment in the Planning Scheme.

Amends Clause 61.03 by updating the list of planning scheme maps.

Amends Clause 81.01 by inserting Marong Business Park Comprehensive Development Plan (2014) and Marong Business Park Development Contributions Plan (2014) as Incorporated Documents.

The Comprehensive Development Zone – Schedule 3 will allow for a range of industrial uses and other uses which will support the Business Park, generally in accordance with the Marong Business Park Comprehensive Development Plan. Industry and warehouse will be ‘as of right’ uses, subject to conditions being met. Prior to any use, development or subdivision commencing, a Precinct Development Plan in accordance with Marong Business Park Comprehensive Development Plan must be approved. Requirements of the Precinct Development Plans include, amongst other things, an Integrated Transport Plan, an Environmental Management Plan and an Urban Design Framework.

A Planning Permit will be required for all subdivisions, buildings and works, except for some minor works which will be exempt. Exemptions from advertising applications will apply to all applications where proposals are generally in accordance with Marong Business Park Comprehensive Development Plan, 2014 and the relevant Precinct Development Plan(s). The key elements of the Marong Business Park Comprehensive Development Plan (2014), which is proposed to be incorporated into the Planning Scheme are:

Area A – Preference for a range of lot sizes and uses, including a service centre.

Area B - Location for industry and other uses that may require buffer protection.

Indicative precincts

Service centre

Vegetation reserve

Buffer/drainage reserves

An indicative road network

Location of main entry to the site

Nominated locations for new intersection treatments

Potential rail terminals

Future Marong bypass corridor

Community node incorporating the heritage site (former Yorkshire Hotel and environs)


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Figure 3. Marong Business Park Comprehensive Development Plan (2014)


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Why the Amendment is Required Strategic investigations have determined that over the next 30 years, Greater Bendigo will require 243 hectares of zoned, developable and readily serviced land to meet demand for industry. The subject land has been identified as a strategic employment site that will support the strong industrial growth potential in higher order freight related and manufacturing industries for the Bendigo region. The amendment will facilitate the rezoning of approximately 235 net developable hectares for industrial use and development. The amendment is required to enable future industrial use and development of the land, generally in accordance with the Marong Business Park Comprehensive Development Plan. There is limited unconstrained industrial land available and no potential to provide for a business park of the scale proposed within the Urban Growth Boundary. There is also a need to plan for future demand for industrial land over a longer horizon. Consequently, there is a need to go outside the Urban Growth Boundary to provide industrial land to meet the forecast demand for industrial land. A business park is not aligned with the purposes of the current zoning of the land (Farming Zone). The site is not able to be used for the full range of uses envisaged for the Marong Business Park under the Farming Zone, which also allows for dwellings. A rezoning of the land to Comprehensive Development Zone will facilitate the development of a contemporary business park primarily accommodating a range of freight, manufacturing, warehousing, logistics and distribution uses and enable restriction of sensitive land uses to those of a commercial nature which will support the Business Park. A Public Acquisition Overlay is required to enable Council to compulsorily acquire the land for the purpose of developing the land for the Marong Business Park. A Development Contributions Plan Overlay is required to facilitate the funding of appropriate development infrastructure associated with the future use, development and subdivision of the site, consistent with the Marong Business Park Development Contributions Plan (2014). The Marong Business Park Development Contributions Plan:

identifies the area where development contributions will apply

sets out the lifespan of the DCP (30 years)

sets out cost apportionment methodology

sets out the infrastructure items to be funded by the DCP

sets out how levies are calculated The proposed infrastructure items to be funded by the levies comprise intersections, trails, passive open space, drainage and planning costs. A Heritage Overlay is required to acknowledge the heritage significance of the former Yorkshire Hotel and associated outbuildings and to ensure that any future development of the heritage assets respond to the significance of the place.


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An Environmental Significance Overlay is required to provide a suitable industrial land use buffer, protect the future ongoing operations of the Business Park and ensure protection of residential amenity. This overlay is the planning tool recommended for buffer areas in Using Victoria’s Planning System, written by the Department of Planning and Community Development.

Figure. 4 Proposed Comprehensive Development Zone – Schedule 3


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Figure 5. Proposed Public Acquisition Overlay – Schedule 6


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Figure 6. Proposed Development Contributions Plan Overlay – Schedule 1


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Figure 7. Proposed Heritage Overlay – HO862


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Figure 8. Proposed Environmental Significance Overlay – Schedule 6

Social Impacts Community Benefit The Proposed Marong Business Park Socio-Economic Impact Assessment (July 2012) prepared by SGS Economics & Planning assessed the net community benefits, with consideration of social and economic costs and benefits and estimates the impact of the project on Victorian Gross State Product and employment levels over a 30 year horizon.


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The report states: The potential economic and social impacts of the development of the Marong Business Park were defined as:

Creation of skills and skills retention

Creation of business opportunities and business retention

Productivity/efficiency gains

Loss of productive farmland

Enhancement of the transport network

Loss of the Marong township rural and tourism character

Enhancement of the township of Marong – gain of community services and private induced investment; and

Impacts of a transport logistics hub The potential negative impacts on the community including loss of productive farmland, loss of the Marong township’s rural character and an increase in traffic in Marong are acknowledged, however it is anticipated that the character and landscape of Marong will change in the future. Under the Marong Plan, Marong is expected to accommodate an estimated population of 8,000 people, housed in around 3,500 homes, by 2030. Positive impacts include growth in employment and business, an enhanced road network, potential for rail services, improved walking and cycling connections, gain in community services and investment. Traffic Impacts The Traffic Impact Assessment - Proposed Marong Business Park (Aurecon, October 2013) assessed the traffic and transport impacts of the proposal, and also considered the implications of future growth within the Marong township. As part of the Marong Plan, an indicative bypass corridor has been identified near the intersection of Yorkshire Road and Calder Highway. If this was constructed in the future it would mean traffic between the Calder Highway, Calder Alternative Highway and Wimmera Highway being able to bypass the Marong township. The Aurecon report has analysed four development scenarios to consider the impacts of the Marong Business Park, together with potential growth in the Marong township and the construction of the Marong Bypass. The traffic impacts will vary depending on how and when the area develops, however the proposed Marong Business Park is not dependent on growth in the Marong township or the proposed bypass. The report also considered alternative modes of transport including walking, cycling, bus and rail. Shared pedestrian and cycling links are proposed along the railway corridor with connections into the business park, with opportunity to connect the path to Marong township. The internal layout of the site will be designed to allow for bus movements. The abutting Sandhurst-Inglewood railway line is currently disused, however there is potential to provide for passenger and/or freight terminals in the future if they were warranted. With regard to traffic generation, the report states that when fully developed, the proposed business park could generate up to 19,140 vehicle trips per day. Growth in Marong township could potentially generate up to 24,000 vehicle trips per day by 2025, and up to 35,000 vehicle trips when fully developed.


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Vehicular access to the Marong Business Park is proposed via four intersections on the Calder Highway, with at least 3 of these intersections to be signalised. Given the scale of the development and length of frontage, 4 access points for the site is appropriate. The report notes that some road upgrades will be required to accommodate either the Marong township or the Marong Business Park with further upgrades on some sections if both developments proceed. The report states: “Mid-block upgrades will range from the need to provide turning lanes or the equivalent through to duplication of sections of the road network.” Intersection upgrades will be required to support increased traffic volumes generated from either the development of Marong township or the Marong Business Park. The intersections of Calder Highway/Calder Alternative Highway, Calder Alternative Highway/Wimmera Highway and Calder Highway/Allies Road, which are all currently unsignalised intersections, would need to be upgraded to signalised intersections with development of either the Marong township or Marong Business Park, however the extent of the upgrades required will depend on the final development scenario that occurs. Also of note, future residential growth in Marong township will result in the need to either duplicate Calder Highway or provide long additional lanes on both Calder Highway approaches to the Marong Business Park. Under the Marong Business Park Development Contributions Plan (2014), it is proposed to fund the four new intersections which will provide access to the Business Park, and part of the upgraded intersection of Calder Highway and High Street, via development contribution levies. Land Use Buffers The amendment will have implications for land adjoining the proposed business park due to the need to provide a suitable land use buffer. A buffer of 500 metres is proposed for the Marong Business Park to ensure a wide range of industrial uses can operate within the Business Park in accordance with the buffer requirements specified at Clause 52.10 (Uses with adverse amenity potential) of the Planning Scheme. The Environmental Significance Overlay is proposed to be applied to control development associated with sensitive land uses, such as dwellings, within the buffer in order to protect the ongoing operations of the Business Park and to protect any future residences from off-site impacts from the Business Park. The overlay will introduce a permit trigger for new development and subdivision, with the exception of small extensions to existing dwellings, construction of outbuildings and some re-subdivisions of existing lots. Decision guidelines of the overlay will require consideration of the impacts on the Business Park and the likely off site amenity impacts. 25 lots will be affected by the proposed ESO6, of which 3 are developed with a dwelling and 22 are vacant lots. Of these 22 lots, only 3 are over 40 hectares and would require a planning permit if development was proposed within the ESO6 affected area, while 22 lots would already require a planning permit under the Farming Zone, as they are less than 40 hectares. Two of the three existing dwellings are within the buffer.


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Change to Character of Marong The amendment will result in a change to the current rural landscape that exists on the subject site when the site is developed. If approved, the business park will be developed with industrial buildings, associated service areas and car parking as well as providing for a service centre and other compatible land uses. Marong township, a satellite township under the current Bendigo Residential Development Strategy (2004), is expected to undergo significant change in the future, with the Marong Plan (2010) identifying potential for 8,000 residents. The draft Bendigo Residential Strategy supports the potential for further urban development within Marong. The draft strategy highlights the need to develop a structure plan for the township within the next 3 years. Economic Impacts Industrial Land Supply and Demand Analysis Traditionally, manufacturing has played a significant role in Greater Bendigo’s local economy. This trend is expected to continue in the future, however there is also expected to be a shift toward less labour intensive manufacturing due to new technology and innovation, and growth in other employment such as freight and logistics. A Review of Demand and Supply for Industrial Land in Greater Bendigo (February 2012) prepared by SGS Economics and Planning identifies that that there is strong industrial growth potential for the Greater Bendigo region. SGS estimates that by 2041, Greater Bendigo could have:

about 3,270 additional industrial jobs, the majority of which will be in manufacturing or service industries; and

anywhere between 460,000 and 620,000 square metres of additional industrial floorspace occupying between 135 and 243 hectares of industrial land.

The projected demand for industrial land in Greater Bendigo comprises manufacturing (42%), freight (30%), service industry (19%) and utilities (9%). (SGS, 2012). The report states that a high proportion of land demand is projected to come from freight orientated industries. These industries tend to have large land requirements ranging from 20,000sqm to 40,000sqm on average. Greater Bendigo will play a key role in the Loddon Mallee South Region into the future as a major employment and services hub. A future economic land use action of the Loddon Mallee South Regional Growth Plan (2013) is to accelerate the development of the Marong Business Park as a key new location for industry and business. There is a need to supply more land to enable growth in employment and industry within the municipality and the region. The SGS report also states that there is currently approximately 77.2 hectares of available industrial land within Greater Bendigo. Based on current take up rates, this represents approximately 10 years supply. However, there is a range of both supply and demand side issues that affect the provision of industrial land in the municipality.


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There is a perception that there is adequate supply of lots exceeding 2,000 square metres, though typically many of these lots are constrained by lack of suitable infrastructure, the need for buffers from residential areas, and planning controls. The Review also indicated that there was a strong demand for, but a shortage of small, flexible lots (around 500 square metres). As a result of this shortage owners of industrial land are able to demand higher lease payments and attach difficult and potentially restrictive leasing conditions. Other identified supply side issues related to the difficulty of consolidating or expanding operations on existing sites, whether because of zoning controls or through individual site capacity. While consultation undertaken as part of the Review noted low demand for large footprint sites and strong demand for smaller parcels, the Review also detailed a number of trends which also influence demand for industrial land. There is a trend toward larger floor area per employee. Intensification of land and ability to expand are also factors which influence demand for larger lots. The report concluded that “there should be a supply of zoned, developable and readily serviced land at least sufficient to meet the highest level of estimated demand under the Base Case, that is, 243 ha over 30 years.” The proposed Marong Business Park will provide approximately 235 hectares of net developable land which will generally meet the demand for industrial development within the City of Greater Bendigo for the next 30 years, with zoning that will cater for a wide range of uses, in a location which is relatively unconstrained. Compulsory Land Acquisition The compulsory acquisition of land by the City for the Marong Business Park and associated external drainage line has economic impacts on the directly affected landowners. The proposed Marong Business Park directly impacts on one landholder, however the proposed zoning and overlay controls don’t negate the ongoing use of the land for farming. The application of the Public Acquisition Overlay over the business park land and proposed drainage corridor will give Council the option of compulsorily acquiring the land. Compulsory acquisition is the last resort, a safeguard that Council can choose to do if required. Ideally the City wants to engage with the affected landholders and avoid compulsory acquisition. The amendment is only seeking to put in place the mechanism for compulsory acquisition. If compulsory acquisition is required, compensation will be payable to the landowners, in addition to a price for the land, under the Land Acquisition and Compensation Act (1986) through a separate process to this Amendment.


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Loss of Agricultural Land The loss of land for farming purposes will be an economic impact for the landowners of the site for the proposed Marong Business Park and the local economy as the amendment will result in less farming land being in production. However, a report which the Bendigo Future Industrial Land Strategy (2006) reviewed, titled A Land Capability Study for the Rural City of Marong (1993) found that the bulk of the site is an Alluvial plain and soils are of a “fair” agricultural value generally accommodating cropping and grazing. The subject site is not considered to be highly productive agricultural land. Development Contributions A Development Contributions Plan Overlay is proposed to implement the Marong Business Park Development Contributions Plan (Urban Enterprise, December 2014), and enable the collection of levies to fund infrastructure required for the business park. Economic Impact on Marong Township The Marong Business Park Comprehensive Development Plan makes provision for a service centre within the business park and the Comprehensive Development Zone 3 allows for a range of commercial uses, subject to a planning permit and conditions. There is potential for negative economic impacts in terms of the service centre competing with existing businesses in Marong township, and for Greater Bendigo as a whole, through ad hoc ‘out of centre’ commercial development in the business park which is not consistent with the City of Greater Bendigo Commercial Land Strategy’s (2005) activity centre hierarchy. There are also potential positive economic impacts in that a range of new businesses which will support the Marong Business Park will also serve residents of the existing township. The Schedule to the zone allows for the service centre site to contain uses such as convenience shop, food and drink premises, service station, childcare centre, motel and retail premises. Other commercial uses, such as office, trade supplies and restricted retail premises, which support the Business Park could be established elsewhere within the Park, subject to planning approval. To address concerns about negative economic impacts, an economic impact assessment will be required to be submitted with a planning permit application for retail and office uses where appropriate, which demonstrates the economic impact of the proposed use on the nearby Marong township and Greater Bendigo activity centre hierarchy. Planning permit applications must also demonstrate consistency with the purpose of the zone, the Comprehensive Development Plan and relevant Precinct Development Plans. A positive impact of increased development and visitors to Marong Business Park could be increased custom for existing Marong businesses.


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Servicing and Infrastructure Aurecon prepared a Concept Infrastructure Assessment Report (September 2012) which detailed the availability of services to the land. Reticulated power, water and sewer will need to be brought to the site. Coliban Water’s current water and sewerage systems will need to be augmented to accommodate both this development and the growing communities of Maiden Gully, including the Forest Park Estate, and Marong. A review of the water supply system is currently being undertaken in light of the increased demand. Coliban Water is also proposing to reassess its Bendigo Sewer Augmentation Plan in the near future which is expected to determine how Marong Business Park is eventually to be serviced. Discussions with Coliban Water on servicing the Business Park are ongoing. Gas is not currently available to the site and it is not proposed to connect this development, although allowance will be made in the layout of the development should it be connected in the future. Fibre optic cables will be required for telecommunications and this cost will be the developer’s responsibility as there is currently no service infrastructure and the site is outside the serviced area. A detailed drainage strategy has been designed for the site, and is outlined in the next section of this report. Environmental Impacts Flora and Fauna

To enable development in accordance with the Marong Business Park Comprehensive Development Plan (2014), some of the native vegetation on the subject land must be removed. The Marong Business Park Ecological Assessment (February 2012), undertaken by Garry and Brenda Cheers, assessed the significance of flora, fauna and habitat values for the land proposed for the business park, the adjoining rail reserve and Calder Highway road reserve. It also assessed potential impacts of the proposed business park, avoidance and mitigation opportunities, vegetation offset requirements and mapped the location of Cape Tulip, a noxious weed. Since the ecological assessment was undertaken the Permitted clearing of native vegetation – Biodiversity assessment guidelines (Department of Environment and Primary Industries, September 2013) were introduced. A Biodiversity Impact and Offset Requirements Report was subsequently undertaken for the proposal in May 2014. This found that a total extent of 1.767ha of native vegetation is proposed to be removed in Location Risk A. This assessment calculated a strategic biodiversity score of 0.394 and generates a Moderate risk-based pathway assessment. The required offset will be 0.208 general units within the North Central Catchment Management Authority area or the City of Greater Bendigo, with a minimum strategic biodiversity score of 0.315.


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The area that was surveyed is located within the Victorian Riverina Bioregion, and contains approximately 20.63 hectares of native vegetation classified as Plains Woodland EVC. The remainder of the study area was cropland with scattered trees. One threatened flora species, Buloke, was found on site and will be retained. No threatened fauna species were recorded. Cape Tulip was detected on the site, and is also present on adjoining properties. Recommendations to confine and control Cape Tulip have been outlined in the assessment. The ecological assessment noted that “the sites to be cleared consist of an over-storey with no or little under-storey. The property has been used for cropping and grazing for many years.” The assessment found that impacts on biodiversity can be minimised by retaining patches of vegetation with higher conservation value, as proposed within the Marong Business Park Comprehensive Development Plan (2014). The assessment recommends that a 9.4 hectare patch located centrally within the site, which is proposed to be retained, be used for offsets and registered through BushBroker, or Trust for Nature, or similar. Four other patches have been identified for retention, but not as offsets. The ecological assessment recommended that provided the offset can be met, that the project proceeds. Despite the recommendation to secure this remnant patch as an offset site, it would be unlikely to meet the site eligibility criteria as set out in DEPI’s “Native vegetation gain scoring manual” (May 2013) and the offset requirement would be better met through purchasing of third party offset credits. It is still proposed to retain this area of vegetation for its landscape and amenity value. Approval for the removal of the vegetation has not been sought as part of this Planning Scheme Amendment. A separate planning permit would therefore be required for approval of the proposed vegetation removal. It is possible that some additional vegetation within the Calder Highway road reserve may require removal subject to detailed design at subdivision stage. This will require further assessment. Bushfire Risk A Bushfire Risk Assessment (October 2012) was prepared for the site by Aurecon. The site is within a bushfire prone area (which is relevant under the Building Regulations), although it is not located within a Bushfire Management Overlay. The report noted that the proposed Marong Business Park will be set within an open and largely cleared landscape that has relatively few potential bushfire fuel bodies. There is a risk of roadside ignitions from retained strips of vegetation along the northern boundary adjacent to the Calder Highway, which have high fuel loads, but overall the actual risk to the site and proposed development is low. This risk can be further reduced by implementing measures around landscaping and vegetation management. The report recommends that a 12 metre wide, mineral earth break be established where the retained vegetation along the Calder Highway meets the retained patch of Plains Woodland in the centre of the site. The vegetation buffer at this point should be at least 20 metres wide and meet the following requirements:

Minimum canopy separation of 3-5 metres between trees;

No shrubs to be planted unless there are a low risk species for ignition;

Grasses to be maintained at less than 10cm height for the duration of the fire season.


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The report also recommends that the proposed tree/drainage/buffer zones should be dominated by plantings of low threat species. Hydrology and Drainage The Marong Business Park Soil and Hydrogeological Investigations (RMCG, June 2012) concluded that while there are some issues around groundwater and drainage of the site which need to be addressed, these can be overcome with best practice design and construction. The site consists of two different soil types which, in developing the site, will require specific and different construction techniques. Ongoing dewatering of the site will be required, due to the shoestring sands that exist, to enable development, construction and use of the land for the business park. There is unlikely to be any contamination of groundwater from the development of the proposed business park. There are potential impacts of dewatering on neighbouring properties’ stock and domestic dams. A report by RMCG, Proposed Marong Business Park Potential for Offsite Impacts on Farm Dams (April 2014), investigated the potential impacts and recommended a reticulated water supply be provided for the affected properties. Construction costs would be borne by the City of Greater Bendigo. The potential impact was minimal. The movement of surface water will need to be addressed and managed. The development of the business park will reduce water flows to Calder Highway and flooding that naturally occurs on Calder Highway. A drainage scheme has been designed for the proposal, which includes water sensitive urban design principles. A network of swale drains and retarding basins within the business park will assist in managing the discharge into the outfall drain to pre-development flows. A proposed swale drain will discharge into Dry Creek, with flows discharging retarded to pre-development peak flow rates. The swale drain will traverse through two unmade government road reserves, Lot 2 Title Plan TP895381 and Crown Allotment 60 Parish of Leichardt, necessitating the need for land acquisition through the application of the Public Acquisition Overlay (PAO). Aboriginal Cultural Heritage Marong Business Park Aboriginal Cultural Heritage Assessment (2012) prepared by Tardis Enterprises concluded that the entire activity area has been subject to various degrees of disturbance including vegetation clearance, ploughing, sand extraction and construction of various farming infrastructure. A Cultural Heritage Management Plan is not required for the rezoning under the Aboriginal Heritage Act, but will be undertaken prior to subdivision and development.


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Post European Heritage A Heritage Assessment Report Former Yorkshire Hotel (July 2012) prepared by Amanda Jean recommended that part of the subject land be included in the Schedule to the Heritage Overlay. The land contains the former Yorkshire Hotel (c. 1854 with later changes), now a farm homestead, stone barn, brick and timber granary, farm yard and gardens which are of local historical, social and aesthetic/architectural significance to the City of Greater Bendigo and are considered rare. The former Yorkshire Hotel has been identified as a place of heritage significance in Stage One of the Marong Heritage Study (1994) by Andrew Ward. Strategic Justification - Planning Context The Amendment is supported by the following clauses in the Greater Bendigo Planning Scheme: State Planning Policy Framework

Clause 11 – Settlement

Planning is to anticipate and respond to the needs of existing and future communities through provision of zoned and serviced land for housing, employment, recreation and open space, commercial and community facilities and infrastructure. The amendment proposes to rezone land to accommodate approximately 30 years industrial land supply within the City of Greater Bendigo.

Clause 11.03-2 Open space management

The objective is to provide for the long term management of public open space. The proposal involves the creation of a reserve for conservation purposes. It will contain native vegetation to be retained as a biodiversity offset. Ongoing protection and management of this reserve will be required.

Clause 11.05-1 Regional settlement networks

The objective is to promote the sustainable growth and development of regional Victoria through a network of settlements identified in the Regional Victoria Settlement Framework plan. This policy aims to direct urban growth into the major regional cities, including Bendigo, with networks of high quality settlements which provide for appropriately located supplies of residential, commercial and industrial land across a region, sufficient to meet community needs. Greater Bendigo has been identified as a major city in the Loddon Mallee South Regional Growth Plan (2013) and a key employment area. The amendments seeks to address the forecast demand for industrial land. The Loddon Mallee South Regional Growth Plan states that “the development of the Marong Business Park is a priority for the region as it provides significant employment opportunities and land for important economic sectors and supply chain links such as food processing and freight.” The plan also states that “ensuring adequate industrial zoned land is critical to attracting and maintaining manufacturing businesses and industry in the region. The development of the Marong Business Park is a significant project aimed at attracting and growing such businesses in the region.”


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Clause 11.05-4 Regional planning strategies and principles

The objective is to develop regions and settlements which have a strong identity, are prosperous and are environmentally sustainable. The amendment will ensure there is a sufficient supply of appropriately located industrial land to meet the needs identified at the regional level in the Loddon Mallee South Regional Growth Plan.

Clause 11.12 Loddon Mallee South Regional Growth This clause contains objectives and strategies specific to the Loddon Mallee South region. The amendment is consistent with the Loddon Mallee South Regional Growth Plan (April 2014) on the basis that the plan acknowledges the Marong Business Park as a priority for the region as it will provide significant employment opportunities, and seeks to accelerate the development of the business park as a key new location for industry and business.

Clause 12.01-1 Protection of biodiversity

The objective is to assist the protection and conservation of Victoria’s biodiversity, including important habitat for Victoria’s flora and fauna and other strategically valuable biodiversity sites. An Ecological Assessment has been prepared as part of the amendment to consider the biodiversity values of the site and impacts of the proposed development. The subject land has not been found to contain any threatened fauna species. No threatened flora species will be removed as part of the proposal.

Clause 12.01-2 Native vegetation

The objective is to ensure that permitted clearing of native vegetation results in no net loss in the contribution made by native vegetation to Victoria’s biodiversity. The design of the proposal has sought to minimise the extent of vegetation required for removal. Appropriate offsets will be required to be secured prior to development proceeding, in accordance with the Permitted clearing of native vegetation – Biodiversity assessment guidelines (Department of Environment and Primary Industries, September 2013). A planning permit will be required to remove vegetation.

Clause 13.05-1 Bushfire planning strategies and principles

The objective is to assist to strengthen community resilience to bushfire. The Amendment is consistent with the objectives and standards contained within Clause 13.05-1 of the Scheme. The Marong Business Park Rezoning Project Bushfire Risk Assessment (Aurecon, September 2012) identifies potential bushfire risks to the site and immediate surrounds and identifies cost-effective options to minimise the risk from uncontrolled fire. The bushfire risk for the site has been assessed as low, and it can be further reduced by implementing measures around landscaping and vegetation management. The CFA did not raise any concerns about the proposed management measures. Bushfire risk and mitigation will be further assessed as part of preparation of an Environmental Management Plan required under the Comprehensive Development Zone (CDZ3).


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Clause 13.04-1 Noise abatement and Clause 13.04-2 Air quality

The objective of Clause 13.04-1 is to assist the control of noise effects on sensitive land uses and the objective of Clause 13.04-2 is to assist the protection and improvement of air quality. The application of the Environmental Significance Overlay over land adjoining the proposed business park will assist in limiting land use conflict between the Business Park and future sensitive land uses. A planning permit will be required to develop a dwelling or subdivide land affected by the overlay.

Clause 14.01-1 Protection of agricultural land

The objective is to protect productive farmland which is of strategic significance in the local or regional context. The amendment will result in the loss of 313 hectares of farming land. The subject site has been selected as a result of a detailed site selection process as part of the Bendigo Future Industrial Land Strategy (2006). The strategy reviewed the report titled A Land Capability Study for the Rural City of Marong (1993) and found that the bulk of the site is an Alluvial plain. Soils are of a “fair” agricultural value generally accommodating cropping and grazing. The subject site is not considered to be highly productive agricultural parcel and the proposed amendment will not contravene the objective of this clause. It is unlikely that suitable land can be found for the proposal in another location, within the Urban Growth Boundary.

Clause 14.02-1 Catchment planning and management

The objective to assist the protection and, where possible, restoration of catchments, waterways, water bodies, groundwater, and the marine environment. A drainage strategy has been prepared in support of the amendment, in consultation with North Central Catchment Management Authority. The amendment will not result in detrimental impacts on the wider catchment and stormwater run-off from the development will be retarded on site.

Clause 15.01-1 Urban design and Clause 15.01-2 Urban design principles

The objective of Clause 15.01-1 is to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity. The objective of Clause 15.01-2 is 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 proposed Schedule to the Comprehensive Development Zone requires the preparation of an urban design framework for each precinct within the site as part of the Precinct Development Plan.

Clause 15.02-1 Energy and resource efficiency

The objective is to encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions. The Amendment implements the objective and strategies of this clause by providing for a consolidated industrial area within close proximity to Marong township, which is planned for future residential growth. The amendment provides for low energy forms of transport such as cycling and walking through the provision of cycling and walking paths within the Business Park and connections to the Marong township.


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Clause 15.03-1 Heritage Conservation

The objective is to ensure the conservation of places of heritage significance. The amendment is supported by a heritage assessment and it is proposed to apply a Heritage Overlay over the former Yorkshire Hotel and environs, which is of local significance.

Clause 15.03-2 Aboriginal cultural heritage

The objective is to ensure the protection and conservation of places of Aboriginal cultural heritage significance. The Amendment is supported by an Aboriginal Cultural Heritage Assessment which concludes that known cultural heritage values are unlikely to represent a significant impediment to the rezoning. A Cultural Heritage Management Plan will be undertaken prior to subdivision and development of the land.

Clause 17 Economic Development

Planning is to provide for a strong and innovative economy, where all sectors of the economy are critical to economic prosperity. Planning is to contribute to the economic well-being of communities and the State as a whole by supporting and fostering economic growth and development by providing land, facilitating decisions, and resolving land use conflicts, so that each district may build on its strengths and achieve its economic potential. The amendment implements the objective of this policy as it seeks to rezone land for industry in a suitable location which limits land use conflict. The amendment will support the local and regional economies and support future employment opportunities.

Clause 17.02-1 Industrial land development

The objective is to ensure availability of land for industry. The Amendment supports this policy as the subject land is strategically located and is suitable for the development of a business park.

Clause 17.02-2 Design of industrial development

The objective is to facilitate the sustainable development and operation of industry and research and development activity. The amendment is consistent with this clause as the business park site is located on a key road freight route between Melbourne and Mildura and is within close proximity to Bendigo. The site allows for future rail based freight opportunities. The proposal seeks to provide adequate separation between sensitive uses and industries through the application of the ESO6 on adjoining land. Under this overlay a planning permit will be required for new developments, with some exceptions such as minor extensions to existing dwellings and sheds.

Clause 17.02-4 Innovation and research

The objective is to create opportunities for innovation and the knowledge economy within existing and emerging industries, research and education. Given the subject land’s greenfield location and size, it is anticipated that it will be attractive for research and manufacturing operations and other business clusters.


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Clause 18 Transport

The objective states that planning should ensure an integrated and sustainable transport system that provides access to social and economic opportunities, facilitates economic prosperity, contributes to environmental sustainability, coordinates reliable movements of people and goods, and is safe. The amendment supports this policy as it has considered land use and transport planning and all transport modes, and will provide for the safe and reliable movement of people and goods in association with the proposed business park.

Clause 18.01-1 Land use and transport planning

To create a safe and sustainable transport system by integrating land-use and transport. The amendment is supported by a Traffic Impact Assessment Report which has assessed forecast demand in relation to traffic and transport modes. An Integrated Transport Plan is required for each precinct as part of the Schedule to the Comprehensive Development Zone.

Clause 18.01-2 Transport system

The objective is to coordinate development of all transport modes to provide a comprehensive transport system. The amendment has considered all modes of travel, including walking, cycling, public transport, private vehicles (passenger and freight) in providing for access to new developments. The proposed business park is strategically located adjacent to the Calder Highway and Sandhurst-Inglewood railway line.

Clause 18.02-2 Cycling

The objective is to integrate planning for cycling with land use and development planning and encourage as alternative modes of travel. The proposed business park will provide for cycling within the development, with cycling links to the Marong township also.

Clause 19.03-1 Development contribution plans

The objective is to facilitate the timely provision of planned infrastructure to communities through the preparation and implementation of development contributions plans. The amendment proposes to introduce a Development Contributions Plan Overlay over the land proposed to be developed for the Marong Business Park, to capture contributions associated with development infrastructure.

Clause 19.03-2 Water supply, sewerage and drainage

The objective is to plan for the provision of water supply, sewerage and drainage services that efficiently and effectively meet State and community needs and protect the environment. Reticulated water and sewer will need to be brought to the site. This will require augmentation of the existing infrastructure. A drainage strategy has been developed for the site.

Clause 19.03-3 Stormwater

The objective is to reduce the impact of stormwater on bays and catchments. A detailed Concept Infrastructure Assessment has been prepared for the proposal and a drainage strategy has been developed with water sensitive urban design principles to be implemented to manage stormwater associated with the future development of the site. Development contributions will be collected for stormwater infrastructure under the proposed Development Contributions Plan Overlay.


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Clause 19 Infrastructure

This clause states that planning for development of social and physical infrastructure should enable it to be provided in a way that is efficient, equitable, accessible and timely. Growth and redevelopment of settlements should be planned in a manner that allows for the logical and efficient provision and maintenance of infrastructure, including the setting aside of land for the construction of future transport routes. Planning authorities are to consider the use of development contributions (levies) in the funding of infrastructure. The amendment supports this policy as it seeks to provide appropriate infrastructure for the Business Park through development contribution levies. The Comprehensive Development Plan for the subject land recognises the future Marong Bypass.

Clause 19.03-4 Telecommunications

The objective is to facilitate the orderly development, extension and maintenance of telecommunication infrastructure. Fibre optic cables will be required for telecommunications and this cost will be the developer’s responsibility as there is currently no service infrastructure and the site is outside the serviced area. Local Planning Policy Framework There is currently no reference to the proposed Marong Business Park in the Planning Scheme. It is proposed to amend Clauses 21.01 (Municipal Profile), 21.02 (Key Issues and Influences), 21.04 (Strategic Directions), 21.07 (Economic Development), 21.09 (Infrastructure), 21.10 (Reference Documents) and 22.05 (Industrial Policy) to formalise the strategic justification in the Planning Scheme and include references to the subject land as a preferred location for industrial growth as part of the amendment. The amendment has been assessed against the following MSS clauses and local planning policies currently in the Scheme: Clause 21.03-2 (Planning vision) of the MSS reflects the broad view and aspirations for planning and development across the municipality. It states that “the planning vision for the City of Greater Bendigo is to be a vibrant municipality that builds on the outstanding opportunities available for housing, commerce, tourism and industry. These opportunities combined with excellent community services and facilities, a unique natural environment, built and cultural heritage and a pleasant climate, will ensure that Greater Bendigo maintains its status as a pre-eminent inland municipality in Victoria.” Clause 21.07 (Economic Development) recognises that the economy of the City of Greater Bendigo is diverse and derives much of its wealth from the regional role of Bendigo, with the City having a significant industrial base.


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Clause 22.05 contains the City’s Industrial Policy which sets out objectives relating to the facilitation of economic development, the built environment and amenity. The amendment is consistent with the policy objectives as it seeks to rezone land to accommodate 30 years industrial land supply which will facilitate economic development within the broader region. The requirements of the proposed Schedule to the Comprehensive Development Zone will ensure the built environment achieves a high standard of urban design and site layout, while the Environmental Significance Overlay will address land use conflict between the business park and surrounding farming properties. Clause 22.06 contains the City’s Heritage Policy. Its objectives include ensuring that Greater Bendigo’s heritage assets are maintained and protected and identifying and protecting heritage places with Aboriginal cultural value. The amendment supports these objectives by applying a Heritage Overlay to the former Yorkshire Hotel and environs. The Aboriginal Cultural Heritage Assessment prepared for the site recommends a Cultural Heritage Management Plan be prepared for the subject land. This will be undertaken prior to subdivision and development.


The Director of City Futures has contacted the land owners most impacted by the Amendment and offered to meet with them. Formal letters advising of the consideration of planning scheme amendment have been sent to advise affected landowners of the Amendment and planning process. Consultation has been undertaken with relevant internal departments, referral authorities and State Government departments for the preparation of the amendment documentation. CFA advised that the subject land is within an area of lower bushfire risk, but it is surrounded by grassland fuels which may allow for a fast moving grassfire to impact the subject land. CFA recommended the zone provide for appropriate staging of the subdivision. Perimeter roads and managed areas of open space all aid in reducing the impact of grassfire. These matters will be addressed via the Precinct Development Plans. The Department of Environment and Primary Industries requested some amendments to the Ecological Assessment and Planning Scheme Amendment Report, prepared by Aurecon, which have now been addressed. VicRoads and Department of Transport, Planning and Local Infrastructure made a number of comments about the amendment and Traffic Impact Assessment Report (TIAR). The TIAR was subsequently amended, however, agreement with VicRoads was not able to be reached on a number of matters, including the planning horizon for the TIAR, the timing of mid-block and intersection upgrades and whether mitigation measures are required regarding the railway crossing. Some of the matters raised by VicRoads have been addressed by including requirements for TIARs as part of the Precinct Development Plan requirements in the Schedule to the zone.


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Public Transport Victoria advised that while the Sandhurst-Inglewood railway line is currently out of service it will be retained in the long term and it is therefore important that development does not preclude its reactivation. It further advised that to facilitate any future bus service in the Business Park, connector roads should be constructed in accordance with the Department’s Public Transport Guidelines for Land Use and Development. NCCMA requested that the amendment ensure that flow rates across the site are maintained at pre development levels, and that best practice stormwater treatment be applied prior to discharge into Dry Creek and/or Bullock Creek. Coliban Water advised that the water system will need to be augmented to accommodate this development and the growing communities of Maiden Gully and Marong, including the Forest Park Estate. There are ongoing discussions with Coliban Water about servicing of the land. Comments on the proposal were sought from City of Greater Bendigo units including Engineering and Public Space, Sustainable Environment and Strategy. Comprehensive community engagement will be undertaken for this amendment. The documents will be publicly exhibited for six weeks, with a minimum of one month required under the Planning and Environment Act 1987. The City must give notice of amendments to all owners and occupiers who may be materially affected by an amendment, together with prescribed Ministers and public authorities. The amendment will also be exhibited in the Government Gazette and the Bendigo Advertiser newspaper. If the Minister authorises Council to proceed with the amendment, exhibition is proposed to be undertaken in early 2015.

Conclusion

Planning Scheme Amendment C161 proposes to rezone land to facilitate the development of a new business park in Marong. The proposal is supported by strategic work undertaken, the provisions of the Greater Bendigo Planning Scheme and the Loddon Mallee South Regional Growth Plan. It is acknowledged that there will be some negative socio-economic impacts resulting from the amendment, however overall it will provide a significant net community benefit. The amendment will facilitate the proposed new business park and meet the forecast need for industrial land into the future. It is recommended that Council seek authorisation from the Minister for Planning to prepare and exhibit the amendment.

Options

Council has the option of:

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


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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.


The Amendment will have substantial 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 City is responsible for payment of statutory fees and costs incurred in the processing of the amendment. This may include a panel hearing process if the amendment has unresolved submissions following exhibition. The amendment will result in an increase in planning applications due to the new planning controls. Resources will also be required to manage the collection of levies and review the Development Contributions Plan into the future.

Attachments

Draft Explanatory Report

Draft Comprehensive Development Zone Schedule 3

Draft Public Acquisition Overlay Schedule 6

Draft Development Contributions Overlay Schedule 1

Draft Environmental Significance Overlay Schedule 6

Draft Heritage Overlay Schedule

Draft Clauses 21.01, 21.02, 21.04, 21.07, 21.09, 21.10, 22.05

Draft Schedule to Clause 81.01

Draft Marong Business Park Comprehensive Development Plan

Draft Marong Business Park Development Contributions Plan

RECOMMENDATION

That the Greater Bendigo City Council resolve to: 1. Request the Minister for Planning to authorise Council to prepare and exhibit

Amendment C161 to the Greater Bendigo Planning Scheme. 2. When Authorised by the Minister, exhibit Amendment C161 to the Greater

Bendigo Planning Scheme giving notification as required for six weeks. 3. Undertake the exhibition of the Amendment in 2015.


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3.3 ADOPTION OF THE GREATER BENDIGO RESIDENTIAL STRATEGY, PREPARATION OF A PLANNING SCHEME AMENDMENT AND HOUSING STRATEGY TO IMPLEMENT THE RESIDENTIAL STRATEGY


Author Andrew Cockerall, Co-ordinator Strategic Planning Responsible Prue Mansfield, Director Planning and Development Director

Summary/Purpose

To summarise the submissions received to the draft Greater Bendigo Residential Strategy, adopt the Strategy subject to various modifications in response to submissions and commence the preparation of a planning scheme amendment to implement the Strategy. The report also informs Council of the preparation of a Housing Strategy that is a necessary step to deliver the Residential Strategy.

Policy Context

Council Plan Reference: Council Plan 2013-2017 (2014-15 update)

Action 2.3.1 – Complete the Residential Development Strategy encompassing the urban growth boundary, new growth areas, housing diversity and medium density infill options and commence the Planning Scheme amendment. Strategy Reference (include weblink as applicable): Bendigo Residential Development Strategy (2004) – http://www.bendigo.vic.gov.au/News/Publications/Documents_listing/Residential_Development_Strategy Regional Strategic Plan Reference: The Loddon Mallee South Regional Growth Plan forecasts that Bendigo will accommodate “significant growth” and consolidate its role as a major regional centre. The “State of Cities” section of Plan Melbourne identifies that Bendigo will need to absorb a growing proportion of the State's growth.


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Previous Council Decision Dates: 15/06/11 Council endorsed the brief for the review. 29/02/12 Council adopted the Audit of the Residential Development Strategy. 6/03/13 Council releases the Issues and Options Paper. 21/8/13 Council seeks Ministerial Amendment for the conversion of the residential

zones. 26/3/14 Council releases the draft Greater Bendigo Residential Strategy for

community comment.

Report

Introduction The revised Greater Bendigo Residential Strategy has been through an extensive research and consultation phase, (see diagram below) and has been subject to numerous reports and presentations to Council.


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Community Consultation Following Council's consideration of the draft Strategy, it was released for community comment for a period of two months until 30 May 2014. During this time City officers attended numerous meetings and events:

COGB Statutory Planning Unit

Big Hill Action Group

Urban Development Institute of Australia

Coliban Water Sustainability Committee

Tweed Sutherland Real Estate sales team

Eppalock Ward Meeting – Strathfieldsaye

Listening Post – Bendigo Library

COGB Engineering and Open Space Unit

Lockwood Ward Meeting – Marong

Listening Post – Eaglehawk

Eaglehawk Business and Community

Audit - Completed

• Identification of issues and options that impact on the future growth of Greater Bendigo

Issues & Options - Completed

• There will be a series of community information sessions, workshops and listening posts as well as updates of the website

Exhibition of Issues and Options

- Completed

• Preparation of final review document following community feedback on the issues and option.

Revised Residential Strategy - Completed

• Draft Strategy exhibited April - May 2014.

Exhibition of Revised Strategy -

Completed

• Implement the recommendations of the revised Strategy into the Greater Bendigo Planning Scheme.

• October onwards

Adoption and Planning Scheme

Amendment


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Natural Environment Advisory Committee

LaTrobe University Residential Services team

Bendigo Manufacturing Group

COGB Health and Active Unit

COGB Organisational Leadership Team

COGB Positive Aging Advisory Group

Whipstick Ward Meeting – Epsom

COGB Heritage Advisory Committee

Catholic College Bendigo Student Leadership team

Network

Country Fire Authority

Government and Service Authorities

Bendigo Valuers Network

Whipstick Ward Meeting – Huntly

Bendigo Sustainability Group

Whipstick Ward Meeting – Goornong

Eppalock Ward Meeting – Mia Mia

Kangaroo Flat Community Enterprise

17 landowners took the opportunity to discuss the draft strategy in one on one meetings

Following the formal exhibition period sessions have also been held with the Master Builders Association of Victoria and the Real Estate Institute of Victoria. Social Media As part of the consultation process social media (predominantly Facebook) was used to promote the draft. During the exhibition period 33,375 people saw the Facebook advertisement on their homepage and of this 2,430 people “clicked” through to the Residential Strategy webpage. Online Survey During the exhibition there was a short (5 minute) survey on the strategic directions contained in the draft Strategy that was completed by 159 people. The results of the survey are interesting and useful. Although the number of respondents was not “statistically significant” the findings did produce some thought-provoking trends, some of which also support the trends being observed through ITLUS and assist in building a picture of what our community considers as a liveable city. In summary the results are:

Support for a compact city.

Support for Council managing the City’s development.

Having access to cycling and walking facilities near people’s homes is important.

Support for alternatives to the car for commuting.

Council should be more proactive in promoting greater housing choice.

That the design standards for medium and high density housing must be of high quality.

That the community needs to understand why housing densities need to change. Submissions As a result of the exhibition process, 134 submissions were received, some of which are very detailed. Among the issues raised in the submissions received are:


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Strong support for the retention of the Urban Growth Boundary.

Submissions seeking to have land rezoned. Submissions were received for a number of specific areas including:

o Land to the north of Cherry Tree Lane in Big Hill

o Simpsons Road/Goldsmith Road area in Eaglehawk

o Plumridge/St Killian Street and Scott Street/ Goynes Road area in White Hills

o Land to the west of the Huntly New Development Area

o McIvor Highway, Junortoun

o Big Hill/Ravenswood

o Calder Highway, Olympic Parade and Wicks Road, Maiden Gully

o The former Eaglehawk Golf Course

o Land in Woodvale

o Potential infill sites proximate to the Bendigo City Centre.

Opposition to development south of Big Hill, including Ravenswood Run.

Support for development south of Big Hill, including Ravenswood Run.

Support for the protection of the environmental values in Greater Bendigo.

Support for the development of a Social Housing Policy.

Opposition to any development of the Quarry Hill Golf Course.

Concern about the supply of land available to the development industry.

General support from government and service authorities. A detailed assessment of the submissions has been completed. Feedback was also sought from internal departments within the City such as Engineering and Statutory Planning and external organisations such as the CFA and Coliban Water. The issues raised in these submissions will be discussed in more detail below. Independent Advisory Committee Given the draft strategy was prepared in house it was considered important that steps be taken to ensure greater transparency in the process and given the importance of the document. An Independent Advisory Committee (IAC) was established to review the more challenging submissions that were received. The benefit of this approach is:

It will increase submitters’ and Council’s confidence in the quality of the process and Council’s overall community engagement and consultation processes.

It will increase the quality of the advice that Council will receive when it determines a position on each submission.

The IAC consisted of two independent, highly respected persons with relevant expertise. The IAC reviewed the Strategy document and those submissions that were either not supported by City staff or only supported in part. The IAC inspected the relevant sites and met with the submitters.


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The IAC have submitted their report and Councillors have been provided with a copy. The Committee noted that in preparing the draft strategy “the process that it has engaged in has been thorough and helpful to all parties ... Council is well aware of its housing obligations and is putting the strategic building blocks in place to accommodate that expected growth ... some of those building blocks may need to be further analysed and refined.” The IAC report is supportive of the draft strategy and included in the highlights of the report are:

Supports the retention of the UGB, but had questions as to its alignment.

Questions as to the actual level of supply of residential land to accommodate growth into the future.

The IAC noted that there were tracts of land within the UGB but not zoned for urban purposes (i.e. Farming Zone) and that this should be reviewed as it could make a significant contribution to land supply.

The IAC supported the view that land outside the UGB should not be rezoned, however, it acknowledged that there were various sites that were proximate to services, transport, or had rural living potential that were worthy of investigation for future residential development but at a lower priority than land within the UGB.

The IAC identified a number of “Investigation Areas” that they considered may be appropriate for development. These areas include White Hills, Maiden Gully, Big Hill and Ravenswood, Huntly, Marong and Strathfieldsaye. These will be discussed in more detail below.

The recommendations of the IAC were that:

There is a robust review of land supply data of land within and outside the UGB.

That the City determine how much land is required to accommodate an ultimate population of 200,000 (in accordance with the Loddon Mallee South Regional Growth Plan) and how much of this can be accommodated within the UGB.

Prioritise areas for longer term growth based on “Investigation Areas” identified in the IAC report.

The report of the Independent Advisory Committee identified a number of “Investigation Areas”, some of which are within the UGB and some are outside the UGB. These Investigation Areas were identified on the basis that they were proximate to services, transport and the like and were worthy of further investigation. The IAC were very clear in their report that land within the UGB should be the highest priority for development but there were sites outside the UGB that might be worthy of consideration for rezoning, but at a lower priority. A total of 8 Investigation Areas were identified by the IAC. There are some sites within these Investigation Areas where the level of constraint may be high: fire, flood. vegetation etc. Some sites have been subject to previous investigation and have been assessed in the past. These locations often include submitters who are supportive of rezoning, however not all submitters in these areas have expressed a view. Nor have persons in surrounding areas.


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1. White Hills

This area is largerly within the UGB and the current zonings are essentially translations of the pre-amalgamtion planning schemes, including land zoned Low Density Residential. There has not been a rigorous strategic analysis of this area. The IAC noted that the area demonstrates a number of 10 minute neighbourhood principles and recommended that it be investigated as a matter of priority. While there are a number of environmental constraints in the area, principally to do with vegetation and bushfire risk, there are also opportunities for development. It is recommended that this area be futher reviewed.. 2. Maiden Gully

The Investigation Area responds to a number of submissions referred to the IAC, some of which are within the UGB. Again a number of these sites demonstrate 10 minute neighbourhood principles, however, a number are also heavily constrained from an environmental and infrastructure servicing perspective. 3. Kangaroo Flat/Maiden Gully South

This investigation area relates primarily to two sites. The Kangaroo Flat site includes land off Lockwood Road that was subject to a previous amendment (C116). This amendment was abandoned by Council due to issues around bushfire risk and buffers to adjoining industrial development. The other site is south of Edwards Road in Maiden Gully. It is also heavily constrained by bushfire risk and flooding risk. The site is also surrounded by Crown land. 4. Big Hill/Ravenswood

The IAC recommended the Big Hill/Ravenswood area be investigated as a rural living rather than conventional residential. This is not supported as the City has a significant over supply of rural living land, estimated at the current take up rate to be in the order of 70 years. 5. Huntly

The IAC considered a number of submissions in the Huntly area. Some were within or proximate to the UGB and others were isolated. The IAC recommended in particular that land near the town centre be investigated for increased lot yields. 6. Marong

The IAC recommended that the Bendigo Urban Area Residential Growth Framework map should be modified to recognise the regional open space to the north west of the town as shown in the Marong Plan. While the land has been identifed for future recreational purposes there is no formal commitment to purchase this site. This is the same situation as open space in the Maiden Gully North East Precinct Structure Plan and Strathfieldsaye Township Plan. Until the land is formally shown in the Planning Scheme there is no formal commitment to purchase or develop the land.


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It is recommended that the Framework map not be modified (as all areas across the City where plans show future open space have not been shown) and that for the sake of consistency, the reference to the Marong Business Park on the map also be removed. 7. Strathfieldsaye

The IAC did not support the creation of additional residential land outside the UGB in Strathfieldsaye. 8. Epsom

This site is proximate to the Coliban Water Wastewater Treatment Plant. The IAC noted that until the extent of the buffer was known then it would be premature to make any specific recommendations. Coliban Water has advised that this site is within the buffer of the plant and they would not support residential development of the land. Key issues raised in Submissions This section discusses a number of the key issues and common themes that arose in the submissions received to the draft strategy.

Land Supply The issue of having an adequate supply of land available for development was a common concern raised by the development industry. State Planning Policy (Cl. 11.02-1) requires that Councils plan for population growth over at least a 15 year period. A Residential Land Supply Assessment (RLSA) was completed in February 2013 and informed the draft Strategy. The RLSA found that there is a sufficient supply of residentially zoned land (including land yet to be rezoned) to satisfy the Greater City’s growth requirements within the lifetime of the revised strategy. It should also be noted that the RLSA did not include residential development that occurs in the Commercial 1 or Mixed Use Zone, the proposed Forest Edge development or the reuse of disused Crown land sites, so the actual level of supply could be higher. Advice from the development industry is that although “on paper” there is sufficient supply of land the reality is that landowners aren’t willing to sell at this stage or have unrealistic price expectations. Whilst this may be true, at this point in time it is not considered sufficient reason to open up further greenfield sites particularly given that the City can, with current zoning of land and adopted Structure plans, demonstrate 15 years land supply. The City needs to first investigate mechanisms to bring forward the sites that are currently zoned but not yet available for development.


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In response to these concerns about short to medium term supply of land for residential development the strategy currently recommends that a biennial “state of housing” report be prepared that shows where growth is occurring, number of lots being released, housing constructions, etc. The purpose of this report would be to demonstrate to the community that there is a short term (at least 7 years) supply of land and housing coming to the market within an overall supply of 15 years. . If this report shows there is an impending shortfall then the next scheduled review of the strategy (2024) can be brought forward. A number of submissions are seeking to have this as an annual rather than biennial report. This is supported because the report can be undertaken in house using data that Council collects. This would be completed by mid-2015. and it is recommended that the strategy be updated to reflect this. It is proposed that this audit be conducted in 2015. It is also worth noting that since the 2004 strategy was adopted, an additional 530 hectares of land has been rezoned for residential development and that Maiden Gully North East will provide an additional 648 hectares. It is recommended that in the 2015/16 financial year that the Land Supply Assessment be updated, including engagement with stakeholders, to establish agreed baseline data on the supply of residential land and that an annual State of Housing audit keep this data constantly up to date using in house resources.

Urban Growth Boundary The development industry has also argued that the UGB with its limitations on greenfield development places upward pressure on prices as the supply of “land” decreases. There are a number of responses to this:

If we compare Bendigo to Ballarat (which has a single large greenfield growth area), the average house prices in Bendigo are lower. Bendigo is one of the most affordable regional cities in Victoria and indeed Australia.

Households on the outskirts of a city, away from services, public transport, etc are often “forced” to own at least two cars and the average cost of owning a midsize car according to the RACV is in the order of $13,000 a year.

Choice of housing in Bendigo is limited because the vast majority of the housing stock is 3+ bedrooms so people are forced to buy houses bigger than they need.

By and large the industry accepts and understands the rationale of having a UGB, but consider there needs to be greater flexibility in its application and interpretation. Plan Melbourne has strongly supported a UGB, its increasing use is a testament to the value of planning certainty. The UGB isn’t a fixed line forever. To accommodate 200,000 people the UGB will have to be expanded by a managed and planned process. Conversely there are a number of submitters who strongly support having a strong UGB that manages outward growth and encourages containment of Bendigo’s urban footprint. The strategy is not suggesting there be no extension to the UGB, in fact it highlights a number of potential expansion locations into the future. What the strategy is saying it that until 2024 we focus growth within the existing UGB. This is strongly supported by a number of submitters and service authorities, Coliban Water in particular.


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Looking internationally, some of the most widely recognised liveable cities in the world – Vancouver, Toronto, Portland and Melbourne – all have strong defined boundaries for growth. The lesson from these cities is that the development industry evolved and responded in innovative ways to break from only traditional outward growth and sprawl.

Design Guidelines A number of submissions raised issues in relation to the design and quality of new development and the need to consider issues around heritage and neighbourhood character. There are a number of examples of new developments that are poorly designed and do not respect the character of an area. The importance of good design cannot be overstated, especially with a strategy that is encouraging higher density living in appropriate locations, the key is to ensure that this is done well. The need to improve design standards not only of the buildings, but open space and the public domain is a key direction of the strategy. It is for this reason that one of the priority pieces of further strategic work is to prepare design guidelines for new residential development and to “raise the bar” in terms of built form, open space and the public domain.

Quarry Hill Golf Course The draft strategy identifies the Quarry Hill Golf Course as an “Investigation Area” for future residential development. The site has a number of positive attributes that would make it attractive for residential development at a future stage. The site is large and would allow for a fully master-planned community to be developed; it is well located in terms of access to jobs, schools and transport, it is within an attractive environment with excellent views and could potentially be fully serviced. There are also potential environmental constraints on the site associated with past mining activities, bushfire risk, at least one known indigenous site and some drainage and flooding issues. The IAC were also asked to comment on the Investigation Area status of the Quarry Hill Golf Course. They were supportive of its inclusion. Nine submissions were received objecting to the “Investigation Area” designation based on a variety of grounds such as its environmental values, the site's recreational role and the impacts of the loss of open space. All of these are valid issues and concerns. It is also noted that the lease on the club house has recently been extended for 21 years and the lease on the golf course expires in 2018. It is recommended that “Investigation Area” designation on the Framework Plan be removed but the Strategy note that if at some future stage the golf club ceases to operate then the highest and best use of the land is residential and open space.


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Eaglehawk Golf Course The former Eaglehawk Golf Course on Golf Links Road in Maiden Gully recently ceased operating and the club is in the process or merging with the Bendigo Golf Club. The site is currently outside the UGB and the draft strategy identifies that the site may have longer term potential for residential development. Two submissions were received seeking to have the land included in the UGB now as it facilitates the merger of the two golf clubs. This site also has a number of positive attributes including that it is in a single ownership, is relatively cleared of vegetation, has the potential for a future railway station nearby and is proximate to the new Marist Brothers Secondary School currently under construction. Coliban Water have advised that determining the future use of the land - for either residential or not - would assist them in planning for future infrastructure. It is considered that the inclusion of this site within the UGB at this stage is premature and is not consistent with the strategic intent of focussing growth within the UGB in the short to medium term. It is recommended that the UGB not be altered, that the site remain within a Farming Zone and that the map within the strategy be amended to more formally recognise the site's longer term potential for residential development.

Big Hill and Ravenswood This locality has a long planning history. In the mid 2000’s there was a proposal to establish a “Championship” standard golf course and residential community on land north of Belvoir Park Road. This was a controversial proposal at the time and failed to proceed to the planning scheme amendment phase. In 2009 a planning permit was issued for a 12 lot boundary realignment on the Belvoir Park Road site that saw the creation of Skinner Lane and Granite View. As a requirement of this permit a Section 173 Agreement applies to the land that restricts further subdivision of the larger lot. More recently there was a proposal to redevelop the Ravenswood Run site on the opposite side of the Calder Highway. This site has also attracted considerable community attention. The City of Greater Bendigo has also completed a Landscape Assessment for Mandurang and Big Hill that impacts on both these sites. The Landscape Assessment recommended that a Significant Landscape Overlay be applied to both areas in recognition of the importance of these sites. The documentation for a planning scheme amendment is currently being prepared and will be exhibited in the near future.


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Many consider that this area is the “gateway” into the Bendigo urban area. It is recommended that proposals for additional residential development in this area not be supported.

Environment The natural environment and landscape values in and around Bendigo and the small towns is one of Greater Bendigo’s unique and defining characteristics and a contributor to the region's liveability. A number of submissions supported the environmental direction taken in the draft strategy. Additional Matters During the exhibition period and subsequent assessment of the submissions received, a number of issues have arisen that also need to be considered in the context of the Greater Bendigo Residential Strategy.

Green Wedge Zone The argument often made for land that is zoned Farming that is heavily vegetated and within or proximate to the UGB is that the land is not suitable and not of sufficient size to support farming practices and the zoning does not reflect the use of the land. In most cases the use of the Farming Zone relates back to pre-amalgamation planning schemes, has not been strategically applied and essentially acts as a “holding zone”. The Victoria Planning Provisions have other zones available that can be used in these instances. The Green Wedge Zone and Green Wedge A Zone are available which better recognises the role and function of these areas. Of these two zones the Green Wedge A is considered the most appropriate as it protects land for its “agricultural, environmental, historic, landscape, infrastructure, natural resources and rural living attributes” (emphasis added). There are a number of areas where the Green Wedge A Zone could be applied but needs to be done so strategically. This is most appropriately done as part of the Housing Strategy which is a further piece of strategic work.

Development Contribution Plans (DCPs) Development Contributions are a levy paid by developers to fund infrastructure. Infrastructure items that are typically covered by a DCP include roads, drainage and community infrastructure. DCPs are currently being prepared for the Huntly and Maiden Gully growth areas and it is recommended that in future DCPs be prepared concurrently with any future structure plan. The potential to prepare DCP’s for existing activity centres and nodes should also be investigated as a means of funding infrastructure.


PAGE 81

Amending the Greater Bendigo Planning Scheme To give effect to the draft strategy and the strategic directions contained within it, a planning scheme amendment is required. The primary purpose of the amendment is make the necessary changes to the MSS consistent with the strategy. The amendment will also initiate a number of land re-zonings within the existing UGB.:

Amend Clause 22.01 (Urban-Forest Interface Policy) to reflect current Department of Environment and Primary Industry requirements.

Rezone land in Huntly to the north of Sawmill Road that was identified in the Huntly Township Plan but not yet rezoned.

Rezone land in Strathfieldsaye to the south of Strathfieldsaye Road and east of Emu Creek Road that was identified in the Strathfieldsaye Township Plan but yet rezoned. This will not include land affected by the buffer to the poultry farm off Mannes Lane.

Removal of the DPO4 from land in Regent Park, Strathfieldsaye.

Rezone land bounded by Goynes Road, Buckland and Saade Street and Montis Lane, Epsom from a Farming Zone to a General Residential Zone.

Remove the minimum lot size requirements from parts of Precinct 6 in Maiden Gully. Next Steps

State Government Required Housing Strategy The Greater Bendigo Residential Strategy provides the overall strategic direction to accommodate residential growth within the City of Greater Bendigo up to and beyond 2030. The Planning Minister and the Department of Transport, Planning and Local Infrastructure require that a Council has a Housing Strategy to justify any use of the new Residential Zones. . The Housing Strategy will be prepared “in house” as much of the information required for the strategy has already been prepared. The outcomes of the Housing Strategy would be:

Better identify the (diversity of housing needed to link to the use of the new zones

Justification of the sites identified for higher density housing.

Identify key infill sites with the UGB, including land zoned Farming and Low Density Residential.

Detail the location of the UGB in accordance with the recommendations of the IAC and Council’s adopted position.

Investigate the cost of different settlement patterns specific to the City of Greater Bendigo.

Consider the application of the Mixed Use Zone and Green Wedge A Zone.

Investigate the direction for longer term residential growth – to accommodate 200,000 persons – consistent with the Panel finding.

Investigate planning scheme tools and other inducements to promote housing affordability.

Strategically justify the application of the new residential zones. This is a priority piece of work that utilises significant work that has already been undertaken and can be commenced immediately.


PAGE 82

Priority/Importance: This project is a high priority. There is a pressing need to ensure that future growth aligns with current statutory and policy requirements as well as changing community expectations. Options/Alternatives: Given the critical nature of this project no other options are considered feasible. Timelines: Work on the planning scheme amendment and the Housing Strategy is to commence immediately. Risk Analysis: The “do nothing” option in terms of planning for future growth is not an option. The strategy is seeking to create a sustainable and liveable community. There will be stakeholders who do not agree with the strategic direction that is being taken with the strategy. The planning scheme amendment process allows for these stakeholders and others to comment on the strategy as part of a statutory process and to have their submission considered by an independent third party. The amendment process also provides the forum for the social, economic and environmental impact of the strategy to be tested.


Refer to discussion above regarding the consultation undertaken to date. There will be further opportunities for the community to have a say on the strategy as part of the planning scheme amendment process and in the preparation of the Housing Strategy.


Budget Allocation in the Current Financial Year: $10,000 Previous Council Support: $70,000 External Funding Sources: $15,000 from Regional Development Victoria Any known or anticipated variance to budget: An additional allocation may be required as part of the mid-year budget review. Projected costs for future financial years: There will be costs associated with a planning scheme amendment in the 2015/16 financial year and costs associated with further strategic work. Any ongoing recurrent expenditure required: N/A

Conclusion

The preparation of the draft Greater Bendigo Residential Strategy is the culmination of two years of research, consultation and writing.


PAGE 83

The revised strategy establishes a framework to guide future residential development and is firmly focussed on consolidation of the Bendigo urban area and small towns. The strategy sets out a range of implementation measures to achieve this strategic direction that includes planning policy changes, rezonings, further strategic work and infrastructure investment. The strategy was exhibited for a two month period and 134 submissions were received. The majority of the submissions supported the strategic direction of the strategy, although not all could be accommodated within the strategy. The next stage of the project is to commence the planning scheme amendment to implement the strategy. This process will provide the community with an opportunity to lodge further submissions as part of a statutory planning process and to have their submission heard by an Independent Panel. The Housing Strategy, which is an implementation tool, can be completed within existing resources and will support the zoning, overlay and other planning scheme changes.

Attachments

1. Revised Greater Bendigo Residential Strategy

RECOMMENDATION

That the Greater Bendigo City Council resolve to:

1. Adopt the revised Greater Bendigo Residential Strategy.

2. Commence the planning scheme amendment process to implement the strategic directions of the strategy.

3. Implement the Greater Bendigo Residential Strategy through the completion of the Housing Strategy

Presentation and Vibrancy - Reports Ordinary Meeting - 22 October 2014

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4. PRESENTATION AND VIBRANCY

4.1 ANNUAL REPORT - WORKS UNIT 2013/14


Author Rachelle Quattrocchi, Manager Works Responsible Darren Fuzzard, Director Presentation and Assets Director

Summary/Purpose

The purpose of this report is to provide Council and the community with an overview of performance and a summary of recent achievements by the Works Unit during the 2013/14 financial year.

Policy Context

Council Plan Reference:

City of Greater Bendigo Council Plan 2013-2017 (2014-2015 Update):

Theme: 1 Leadership and Good Governance

Strategic Objective: 1 Strong leadership to meet future needs and challenges.

Strategy: 1.1 Council demonstrates leadership in its decisions and uses good governance principles to guide decision-making.

Previous Council Decision(s) Date(s): At the 28 May 2014 meeting Council resolved that annual reports be provided by the Works Unit.

Report

The Works Unit is responsible for the construction and maintenance of the civil infrastructure for the City of Greater Bendigo. The Construction and Maintenance teams undertake the construction and maintenance of the City’s roads, drains and footpaths. The construction team also undertakes the construction of sporting facilities, car parks and other civil projects. The Works Unit is responsible for delivery of maintenance works in accordance with the Capital Works Program and Road Management Plan.


PAGE 85

A total of 109 Capex projects were delivered for the 2013/14 financial year by the Presentation & Assets Directorate, the Works Unit delivered 40 out of the 109 projects. Included within the total number of projects delivered by the Works Unit was the $3.8 million redevelopment of Mitchell Street. This project was delivered on time, on budget and in a collaborative way with the traders and businesses most impacted by the works. The total number of projects delivered by the Works Unit included the following significant projects:

$3.8 million redevelopment of Mitchell Street between Pall Mall and Queen Street.

Eaglehawk Landfill Cell 5 construction.

Thistle Street Retardation Basin.

Airport Hanger Site development.

Major Drainage projects including Harley Street, Rathbones Lane and Forest Street.

Bendigo East Link Road Project (completion of the second stage).

Various Black Spot Funded Projects.

Landscaping works to complement the $8.0Mil expansion around the Art Gallery. The annual program for maintenance of footpaths, unsealed and sealed roads was delivered during the 2013/14. Some of the works delivered as part of this program included the following:

$2Mil re-sheet program improving the condition on approximately 80km of unsealed roads.

Maintenance works in accordance with the intervention levels of Council's Road Management Plan.

Footpath repair works of paving within the CBD of Bendigo.

Works in collaboration with the Sustainable Environment Unit to manage roadside vegetation in accordance with legal requirements.

Drainage repair works and clearing of table drains.

Road patching and programmed repair works for sealed roads.

Treatment of mineshafts that opened up on Council owned land.

Response to emergencies and urgent repair works. The maintenance area of the Works Unit also delivers day-to-day maintenance activities and responds to customer requests. A total of 4,138 customer requests were received for maintenance works area during the 2013/14 financial year, 87% of these requests were responded to in an average response time of 6 days.


PAGE 86

In addition to responding to customer requests, the maintenance area of the Works Unit co-ordinates works in response to commitments in the Road Management Plan. Total number of defects recorded during the 2013/14 was 14,858 with 8 defects not being completed in accordance with intervention levels of the Road Management Plan.

Total Number of Road Management Plan defects and Number of defects completed within the intervention levels

Ontime Requests

87%

Overtime 13%

Customer Requests completed on time compared to Customer Requests completed overtime

87.50%

12.50%

Completed Defects

Outstanding


PAGE 87

Financial Performance for the year ended 30 June 2014: A summary of the Works Unit operational budget for 2011/12, 2012/13 and 2013/14 financial years (as shown below) provides an overview of the financial performance of the Works Unit over the last three years. In the 2013/14 financial year the operational budget was delivered with a variance of 4% to the original budget amount.

Expenditure of Works Unit for 2011/12, 2012/13 & 2013/14 financial years

Future Look: The emerging challenges and opportunities for the Works Unit include compliance with the Road Management Plan, improvements to service delivery to other areas within Council and the community and skill development for staff. The Works Unit is also reviewing Management and Policy directions in support.

Current and Emerging Challenges: The current and emerging challenges for the Works Unit for the 2014/15 financial year include the following:

Co-ordinate maintenance works required under the Road Management Plan and Capital Works program. This also involves the prioritisation of maintenance works to ensure compliance with the intervention levels of the Road Management Plan.

Provide training and development opportunities for staff to increase skill level for efficient delivery of construction and maintenance activities and provide career pathways for staff.

Support other business units with services/traffic management for events within the City of Greater Bendigo.


PAGE 88

The Works Unit is investing time to strengthen partnerships with other business units within the organisation to ensure continuous improvement of service delivery.

Works Unit is currently reviewing the consultation process with the view to improve communication with the community for construction and maintenance works.

Management and Policy Directions: The Works Unit is looking at ways to improve service delivery through the review of current management processes and polices including the following:

Review of the current allocation of resources, plant, equipment and contractors to ensure efficient delivery of maintenance works.

Develop strategies to improve end-to-end service delivery to ensure that customer requests are followed up in a timely manner in accordance with required service standards whilst maintaining customer service focus at all times.

Risk Analysis: The identification and minimisation of risk has become an integral part of the quality management system of the Works Unit. This has been achieved through developing and implementing risk management strategies covering all aspects of the Works Unit operations. The Works Unit also identifies risks through incident reporting processes and has developed and implemented risk management strategies to mitigate and control risk. The Works Unit is currently reviewing this process with a view to implement a risk management plan that will improve safety for Council staff, the public, and that will also improve levels of service to the community.


The Works Unit employs the following staff: Full-time 69 Part-time 4 Casual 7 FTE 80

Attachments

Nil

RECOMMENDATION

That Greater Bendigo City Council acknowledges the performance of the Works Unit for 2013/14.


PAGE 89

4.2 ANNUAL REPORT - BENDIGO LIVESTOCK EXCHANGE 2013/14


Author Rachelle Quattrocchi, Manager Works Responsible Darren Fuzzard, Director Presentation and Assets Director

Summary/Purpose

The purpose of this report is to provide Council and the community with a summary of recent achievements by the Bendigo Livestock Exchange and an outline of key management and policy pursuits guiding the future operation and development of this venue/facility.

Policy Context



Theme: 1 Leadership and Good Governance

Strategic Objective: 1 Strong leadership to meet future needs and challenges.

Strategy: 1.1 Council demonstrates leadership in its decisions and uses good governance principles to guide decision-making.

Independent Review:

Recommendation 18 – Annual reporting of City of Greater Bendigo entities.


The Bendigo Livestock Exchange (BLE) is a National Saleyard Quality Assurance (NSQA) and European Union (EU) accredited sheep, cattle and pig selling complex which conforms to the National Saleyard Quality Assurance Program and Occupational Health & Safety Management System for saleyards. The BLE is located just 12 kilometres north of Bendigo at Huntly and is a Quality Accredited facility. The BLE contributes to the growth of the local economy and provides significant benefits to the transport industry within the region.


PAGE 90

Weekly sheep and cattle and monthly pig sales are conducted throughout the year. The BLE is one of the largest sheep and lamb selling centres in Victoria transacting a quarter of the State's sheep and lambs that go through saleyards, yarding approximately one million sheep and lambs, 15,000 cattle, and 2,500 pigs annually. This throughput represents a sales value estimated to be $160Mil to the economy. The sheep, cattle and pig sales at the Bendigo facility support the business operation of around $1Mil in revenue a year.

Report

Key Achievements: Key achievements or milestones achieved in 2013/14 include:

Weekly prime sheep and lamb, cattle markets, monthly pig sales, and special store sales.

Even though national flock numbers have not recovered to pre-drought figures, throughput numbers for sheep and lambs increased above forecast budget numbers.

Maintained accreditation for National Saleyard Quality Assurance (NSQA) and European Union (EU) programs.

Participated in Department of Environment and Primary Industries (DEPI) trial to gauge preparedness for a stock standstill.

Participated in industry exercise at Horsham in relation to emergency response and foot and mouth disease outbreak.

Training of BLE council staff in Animal welfare awareness and euthanasia\humane killing of farm livestock.

Efficient street lighting was installed at the BLE, this included; sheep draft lighting and administration building lighting.

Successful installation of sheep ramps to allow for B double truck access for loading\unloading. These works were funded by the Department of Infrastructure and Regional Development as part of the Heavy Vehicle Safety and Productivity Program (HVSPP). The ramps have improved productivity and safety outcomes of heavy vehicle operations at the Livestock Exchange.

Representation on the National Saleyards Quality Assurance Committee and Livestock Saleyards of Victoria Executive.

Financial Performance for the year ended 30 June 2014: The operational budget for the BLE of $1,218,322 was delivered with a variance of 4.8% to the original budgeted amount due to use of agency staff and additional contracted expenses to conduct unbudgeted sales and increased throughput.


PAGE 91

On average there has been a 4% variance of annual expenditure to the annual budget over the last three financial years. The revenue for the BLE for 2013/14 financial year was $1,193,098. The revenue amount has increased over the last three years on an average of 10%.

Revenue of Bendigo Livestock Exchange for 2011/12, 2012/13 & 2013/14 Financial Years

$894,868 $951,476

$997,682 $1,046,624 $1,046,847

$1,193,098

$-

$200,000

$400,000

$600,000

$800,000

$1,000,000

$1,200,000

$1,400,000

Budget11/12

Actual11/12

Budget12/13

Actual12/13

Budget13/14

Actual13/14


PAGE 92

Expenditure of Bendigo Livestock Exchange for

2011/12, 2012/13 & 2013/14 Financial Years

A total of 1.2Mil of sheep and lambs were sold through the BLE facility during 2013/14. This is up by 7% to the throughput figures for 2012/13.

Sheep and Lamb Throughput Financial Year

Annual Figures for 2011/12, 2012/13 & 2013/14

$1,083,377

$1,133,484

$1,117,820

$1,144,491 $1,158,909

$1,218,322

$1,000,000

$1,050,000

$1,100,000

$1,150,000

$1,200,000

$1,250,000

Budget11/12

Actual11/12

Budget12/13

Actual12/13

Budget13/14

Actual13/14

1,042,457

1,119,952

1,205,339

950000

1000000

1050000

1100000

1150000

1200000

1250000

2011/12 2012/13 2013/14


PAGE 93

Financial Position of the BLE The BLE operated last financial year at a deficit of $25,225. This is a decrease to 2011/12 and 2012/13 financial years. The following table provides a summary of the actual income and expenditure and includes rent that is returned to Council for asset renewal works for the facility.

Net Deficit for the BLE for 2011, 2012/13 and 2013/14 Financial Years

182,008

97,867

25,225

0

20,000

40,000

60,000

80,000

100,000

120,000

140,000

160,000

180,000

200,000

2011/12 2012/13 2013/14


PAGE 94

2011/12 2012/13 2013/14

Income

Sales Dues

658,516

727,811

826,117

Market Fees

190,590

208,024

249,595

Grant

24,536

Other Income

102,370

86,253

117,386

Total Income

951,476

1,046,624

1,193,098

Expenses

Labour

416,444

440,415

495,011

Power, Water & Insurance

118,507

108,420

154,402 Maintenance 1,159

Contractors

61,660

122,874

78,497 Other Expenses (excluding depreciation)

214,102

134,824

160,329

Total Operating Expenditure

810,713

806,533

887,080

Total Operating Surplus

140,762

240,091

306,018

Internal Expenditure

Internal Rent

181,182

190,000

190,000 Internal Expenditure (incl depreciation)

141,588

147,958

141,243

Total Internal Expenditure

322,770

337,958

331,243

Council Budget Position

182,008 97,867 25,225


PAGE 95

Future Priorities: The priorities for the 2014/15 financial year for the BLE are to:

Maintain the National Saleyard Quality Assurance (NSQA) and European Union (EU) programs accreditation.

Maintain animal welfare standards to ensure that consumers have greater confidence in the livestock saleyard industry.

Look at opportunities for new technologies such as online selling to provide greater access to consumers to sale stock information and Electronic Identification (EID) system that will provide traceability, disease management and maintain access to global markets.

Look at marketing and future growth opportunities for the BLE's future direction. Direct marketing provides an opportunity to promote the BLE to consumers and improve sales.

Prepare and present a position paper at a Forum meeting to be held early in 2015 to look at options for future expansion and growth of the BLE facility and operations.

Risk Analysis: The identification and minimisation of risk has become an integral part of the quality management system of the BLE operations. This has been achieved through developing and implementing risk management plans covering all aspects of the BLE operations. The implementation of these plans has improved safety for Council staff, users of the facility and the public, and has improved levels of service to the community.


Livestock Exchange stakeholder meetings were established on the commencement of the 2014/15 financial year, this was an initiative of Cr James Williams. The attendee list of key stakeholders include Cr James Williams, and representatives from the farming community, transport sector, Department of Environmental and Primary Industries (DEPI), and stock agencies. The stakeholder meetings provide a forum where key stakeholders can meet and discuss relevant issues related to the operation of the BLE. The meeting also provides a greater opportunity for an open line of communication between the stakeholder groups.


This Council-owned facility employs two full-time staff members, three part-time staff members and a number of casual employees which equate to four full-time equivalent staff on an annual basis.


PAGE 96

Full-time: 2 Part-time: 3 FTE: 4

Attachments

Nil

RECOMMENDATION

That Greater Bendigo City Council acknowledge the performance of the Bendigo Livestock Exchange for 2013/14.


PAGE 97

4.3 HUMAN RIGHTS CHARTER


Author Natalie Jacobson, Coordinator, Inclusive Communities Responsible Pauline Gordon, Director Community Wellbeing Director

Summary/Purpose

The purpose of this report to seek Council endorsement of the proposed City of Greater Bendigo Human Rights Charter.

Policy Context

Council Plan 2013-17 (Updated 2013-14) Reference: Council Plan strategic objective 3.7 states: City of Greater Bendigo (CoGB) has inclusive and equitable communities where people feel welcome and connected to others. Action 3.7.1 states: Develop a CoGB policy response to the Human Rights Charter.


The Victorian Charter of Human Rights sets out the basic rights, freedoms and responsibilities of all people in Victoria. The Victorian Charter Act is founded on the following principles:

Human rights are essential in a democratic and inclusive society that respects the

rule of law, human dignity, equality and freedom.

Human rights belong to all people without discrimination, and the diversity of the

people of Victoria enhances our community.

Human rights come with responsibilities and must be exercised in a way that

respects the human rights of others.

Human rights have a special importance for the Aboriginal people of Victoria, as

descendants of Australia’s first people, with their diverse spiritual, social, cultural

and economic relationships with their traditional lands and waters.


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The Victorian Human Rights Charter ‘aims to foster a fairer, more inclusive community by

requiring all public authorities to specifically consider human rights when they make laws,

develop policies and provide services.’1

The Charter requires Councils to ensure:

“all council decisions give proper consideration to human rights

all actions, policies and services are compatible with human rights

local laws are interpreted and applied consistently with human rights.

people who work on their behalf do so in a way that respects human rights.”2

In the past Local Government Authorities (LGA) were required to report to the Victorian Equal Opportunities and Human Rights Commission (VEOHRC) via an online survey on how they met their human rights requirements. This included requirements such as:

developing and implementing human rights plans

reviewing strategic documents, plans, policies and procedures, against the

Victorian Charter

developing human rights guidelines to be applied to the development of new

policies

human rights and related training to staff and councillors, and the provision of

community awareness

reviewing and subsequent changes, where necessary, in service delivery in

accordance with the Victorian Charter

participating and initiating human rights community projects and networks

integrating human rights into procurement practices, grants and funding

applications.

In 2012 LGA reports on the Victorian Human Rights Charter became voluntary. Compliance with the Victorian Charter had been mainstreamed and incorporated into procedures, systems and practices. The City of Greater Bendigo identified the need to develop and implement a Human Rights Charter in the updated Council Plan for 2014-15. The proposed City of Greater Bendigo Human Rights Charter (CoGB Charter) could build on Council’s approach to human rights to support fair and equitable treatment and opportunities for all residents. A Social Justice Framework has been developed, within the CoGB Charter to provide an overview of how the charter could be implemented, the aim is to:

reflect the intent of the Victorian Charter

implemented through a focus on compliance, culture and advocacy

focus on four key rights of freedom, respect, equality and dignity.

1 Victorian Equal Opportunity and Human Rights Commission Rights in Focus: Local government and the

Charter of Human Rights and Responsibilities, May 2012. 2 Ibid.


PAGE 99

Previous Council Decision(s) Date(s): Council endorsed the Council Plan 2013-2017 (2014-2015 Update) on 18 June 2014, which specified the development of a CoGB policy response to the Human Rights Charter.

Report

The draft CoGB Charter is presented to Council as a formalised and coordinated approach to human rights and social justice. The CoGB Charter shows the current public and organisational approach to human rights planning, reporting and service delivery. It provides a framework to build on the understanding and commitment to human rights and social justice by the City of Greater Bendigo. The CoGB Charter could be applied to the development and review of Council policies, plans and strategies, and in particular will underpin the development of the Cultural Diversity Strategy, Reconciliation Plan and the Municipal Early Years Plan. The CoGB Charter is centred on the eleven elements of the Victorian Charter that are relevant to Council operations and areas of responsibility. The remaining nine elements of the Victorian Charter predominately fall under the jurisdiction of the legal/court system. Council’s requirements under the existing laws can be grouped into the three areas of responsibility: compliance, culture and advocacy. The Social Justice Framework has been developed, within the CoGB Charter, to set out an agreed approach for how the charter is to be implemented. The Social Justice Framework features the four key headings of: freedom, respect, equality and dignity. The intent of the Framework structure is to:

conform with the Charter Act and to make a conscious statement in moving

towards true social justice in an inclusive community

highlight the origin of each element

acknowledge the significance of the four headings

illustrate Council’s desired approach to how we treat each other as residents of

the Greater Bendigo community and

promote how we welcome visitors and people wishing to make their home in

Greater Bendigo.

Implementation stages of a CoGB Charter and Framework include:

to consider the proposed CoGB Charter at a Council forum

present the CoGB Charter to Council for consideration and adoption

implement the CoGB Charter within the organisation

undertake community awareness raising and education about the introduction and

purpose of the new CoGB Charter.


PAGE 100

A Community Resource

Development of the CoGB Charter provides an opportunity for a Community Charter template to be developed for adoption by local organisations. It is proposed that community education is undertaken to raise awareness about human rights and the CoGB Charter following Council adoption. Council officers would develop a resource based on community feedback to support local organisations who wish to adopt their own Charter as a way to support social justice in our communities. Priority/Importance: The CoGB Charter would provide a foundation to develop new CoGB strategies, plans and policies, in particular the development of the Cultural Diversity and Inclusion Plan and the Reconciliation Action Plan. Council adoption of the CoGB Charter prior to further development of these plans is critical. The Australian Race Discrimination Commissioner, Dr Tim Soutphommasane and the Victorian Human Rights Commissioner, Ms Kate Jenkins, are planning to visit Bendigo on the 11 November 2014. This is following an invitation by Dr Soutphommasane to the Mayor to join the national Racism: It Stops With Me Campaign in July of this year. To increase the profile of the CoGB Charter we propose that the Commissioners launch it during their visit. In which case, the CoGB Charter will need to be endorsed at the October 22 Council meeting. Options/Alternatives Council has the following options available to consider: a) endorse the CoGB Charter in line with Council Plan Action item 3.7.1, b) request further work/investigation on specific items within the CoGB Charter, or c) to not endorse the CoGB Charter. Timelines:

1) Council endorsement of the CoGB Charter October 22

2) Publication of the CoGB Charter for CoGB staff and elected members

Early November

3) CoGB Charter launch. November 11

4) Community education and awareness raising:

- Education of community sectors including

schools, businesses and sporting groups on issues for the Human Rights Forum.

- The Community Human Rights Forum.

- Ongoing engagement to develop content for a

community version of the Charter.

- Development of a Greater Bendigo

Community Human Rights Charter.

- Launch of the Greater Bendigo Community

Human Rights Charter.

Now until November 11

November 11

Jan – Oct 2015

November 2015

November/December

2015


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Progress The scope for the CoGB Charter was presented at the 17 September Councillor Forum and draft documents provided to Council via the Councillor Bulletin for feedback. Risk Analysis: The following risks could apply:

A risk in adopting the Greater Bendigo Human Rights Charter could be the time required to human rights could impact on the timeliness of decisions. This risk will need to be considered with other interests.

Not meeting the Council Plan 2013-17 (Updated 2013-14) objectives to: Develop a CoGB policy response to the Human Rights Charter.


Internal Consultation: Internal consultation has involved discussions with the Executive Office and Environment, Health and Local laws regarding our legislative requirements. The feedback obtained helped to understand the context and history of compliance with the Victorian Charter. The internal consultation also helped to determine which rights were to be included in the Bendigo Charter and others that are monitored through legislative and compliance activities. External Consultation: The CoGB Charter is based on the Victorian Local Government Association Human Rights Toolkit. This resource for Local Government is the culmination of the Human Rights Matter Locally Project, which explored the challenges facing local governments in implementing the Victorian Charter of Human Rights and Responsibilities. The CoGB Charter has been prepared for internal use within the organisation and will be used to ensure that work is undertaken with the City’s obligation to Human Rights in mind. Whilst the focus of the CoGB Charter is internal, due to the nature of Council functions, community members, particularly those who are disadvantaged or marginalised, will reap benefits. It is proposed that awareness raising and education with the community about the CoGB Charter take place following its adoption. The aim is to raise awareness about how the community can become involved in promoting and supporting human rights and social justice in Greater Bendigo.


Budget Allocation in the Current Financial Year: The estimated cost to implement the CoGB Charter is $5,000 in program costs, which is allocated within the current Community Partnerships budget. A breakdown of the project budget is:


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Description Estimated Cost

Publication and Distribution of Charter and Framework $2,000

Launch and Promotion $1,500

Community Engagement and Awareness Raising $1,500

TOTAL $5,000

Projected costs for future financial years The intensity of future community engagement regarding human rights and the publication of a Greater Bendigo Community Human Rights Charter will be dependent upon the success of future budget bids.

Conclusion

Local Government Authorities are required to comply with the Victorian Human Rights Charter and this requirement is reflected in the Council Plan 2013-2017 (2014-2015 Update). The application of a City of Greater Bendigo specific Charter will strengthen our ability to meet these requirements and ensure that human rights are considered against competing interests. The CoGB Charter will lay the foundations for the development of organisational procedures and practices that can be applied across the organisation to make certain the breadth of human rights are being promoted. Additionally, the CoGB Charter supports an ethical and advocacy position by staff and councillors on human rights issues and ensure our responsibilities to care for the most vulnerable members of our community.

Attachments

1. City of Greater Bendigo Human Rights Charter.

RECOMMENDATION

That Council endorse the City of Greater Bendigo Human Rights Charter.


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4.4 RESPONSE TO PETITIONS: O'KEEFE RAIL TRAIL - ONE EYE FOREST


Author Brett Martini, Manager Engineering and Public Space Responsible Darren Fuzzard, Director Presentation and Assets Director

Summary/Purpose

This report responds to two petitions that were tabled with Council on 21 August 2013 and 2 October 2013 regarding the O'Keefe Rail Trail through the One Eye Forest, Heathcote. Since that time, six options were identified and analysed for their respective advantages and disadvantages with the assistance of various community members and relevant authorities. The recommended option (Option Six) is to construct a separate rail trail between Speed Street and Burnt Track and to utilise the existing rail alignment between Burnt Track and Mia Mia - Derrinal Road as a shared-use facility for O'Keefe Rail Trail users and motor vehicles.

Policy Context



Theme 1. Leadership and Good Governance

Strategic Objective:

2. Effective community engagement.

Theme 2. Planning for Growth


1. Adaptability for change and population growth through good design and careful planning of infrastructure and facilities.

2. Cycling and pedestrian friendly settings.

Theme 3. Presentation and Vibrancy


3. Diverse recreational and artistic opportunities and experiences for residents and visitors.


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Strategy: 3.1 Public infrastructure across Greater Bendigo facilitates positive wellbeing and a good quality of life.

2014-15 Actions:

3.1.3 Complete the O'Keefe Rail Trail between Heathcote and Axedale

Strategy Reference:

Greater Bendigo Cycling and Walking Strategy 2006

Identified O'Keefe Rail Trail - Axedale to Heathcote as a significant regional link and sought to begin the process for the extension of the Trail from Axedale to Heathcote (Ref 3).

City of Greater Bendigo Open Space Strategy 2004

Recommendation Two (pg 50): Aim to develop the O'Keefe Rail Trail to Heathcote as a final destination point.

Regional Strategic Plan Reference: Heathcote and District Community Plan - Reviewed Sept 2012

Theme Two - Natural Environment:

Objective 2.2: Support the ongoing developments of new and existing cycling and walking facilities within Heathcote and linking to the town.

Proposed Action: Support the continued extension and upgrade of the Bendigo-Kilmore (O'Keefe) Rail Trail.


Works on the upgrade and extension of the O'Keefe Rail Trail commenced in late 2010. Major milestones in the project have included the construction of six new bridges over waterways between Bendigo and Axedale, replacement of the Axe Creek Swing Bridge, construction of an underpass of the McIvor Highway at Axedale and a new bridge over the Campaspe River. The trail has been extended through Axedale and paths constructed in Heathcote. Works are currently underway on the crossing of the Mt Ida Creek and Lake Eppalock. The ownership and management of land between Axedale and Heathcote has been a major challenge for the project. In contrast to the Bendigo - Axedale section which was established in the 1980's on land owned by City of Greater Bendigo (CoGB), CoGB only owns a small section of the former rail reserve in Heathcote and another part of the former rail reserve is on road reserve managed by CoGB. Other parts of the former rail reserve were either privately owned, owned by Goulburn Murray Water, owned by Coliban Water, part of VicRoads road reserve or part of State Forest or other land managed by Department of Environment and Primary Industry (DEPI).


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Of particular significance to this report, is the fact that the former rail reserve that existed through the One Eye Forest is now, for the most part, legally incorporated into the forest and is the responsibility of DEPI. When the O'Keefe Rail Trail project was originally developed and funded in 2010, it was proposed that the section of former rail reserve through One Eye Forest would be used as a rail trail. As the detailed development of the rail trail alignment through Heathcote was developed, the proposal for the closure of the former rail reserve to motor vehicles was considered. As a result of community concern about this proposal in 2013, Council received a petition at its meeting on 21 August 2013. Whilst not objecting to the O'Keefe Rail Trail, petitioners opposed the closure of the former rail reserve to motorised vehicles due to its use for forest and private landowner access, its role in emergency response and its value as a fire break. The petition highlighted use of the track by Heathcote residents and the lack of public consultation on the matter. The petition questioned why the road could not be shared by all, or alternatively, if an area adjacent to the road could be utilised. At the Council meeting on 2 October 2013 a second petition was received which supported the extension of the O'Keefe Rail Trail including the use of the original rail alignment where possible and, for the safety of all trail users, restriction of shared use of the trail to emergency and service vehicles only.

Report

The former rail reserve between Speed Street and Hills Road is owned and managed by several parties. From Speed Street the former rail alignment is on CoGB managed road reserve and Crown land until the end of the Coliban Water treatment plant. Through to and just past the Mia Mia - Derrinal Road, the rail alignment is within the One Eye Forest. The alignment then runs through two freehold properties and another short section of forest before Hills Road. The outline of land tenure is shown on the plans below.


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As outlined within the first petition, this section of former rail alignment has been used as a forest track since the closure of the rail line. Whilst the bridge on the road reserve over the waterway between Speed Street and Burnt Track has been closed, a low level floodway has been installed alongside the bridge. There are a number of other forest tracks that connect with this track. In order to determine usage and traffic movements along the track, manual vehicle counts were undertaken on two days and three traffic counters were placed along the former rail alignment for a period of 16 days. Whilst vehicle numbers were low, ranging between 1 and 15 vehicles per day at the traffic counters, and 85% of those vehicles were travelling at 51.2 km/h, two vehicle speeds in excess of 80km/h were recorded. A summary of this information is contained in the Options Paper (see Attachment 1 and 2).


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With the purpose of addressing the issues raised in the two petitions, four options were initially developed by officers. To achieve a better understanding of the individual concerns of various residents, businesses and relevant authorities, and to verify the potential advantages and disadvantages of the initial four possible options, a 'round table' meeting was held at the Heathcote RSL on 11 February 2014. At the meeting, representatives from the various parties were given an opportunity to express their opinions about each of the options one at a time and to hear the opinions of others. The meeting resulted in numerous adjustments being made to an earlier version of the Options Paper attached to this Council Report. A letter received from Mr Bruce Short (see Attachment 3) was prepared prior to this meeting and provided to the Director Presentation and Assets at the conclusion of the meeting. The discussion also led to further clarification being sought from various government departments about their respective preferences and requirements; in particular DEPI and CFA regarding fire response as a result of strong concern expressed by nearby residents about the options that would impede emergency vehicles. As indicated in Attachments 4 and 5, the critical consideration to these authorities is that if any gate structures are installed to prohibit motor vehicles then keys must be provided to them, maintenance of the gate systems must occur and gates must be of adequate width. Similarly, Coliban Water requested (see Attachment 6) that consideration be given to adequate widths to allow trucks to reach the water treatment plant if gate structures were considered appropriate. These discussions and further consideration of the feedback received at the community meeting then led to identification of a possible fifth option, as detailed in the attached Options Paper. These five options were presented for consideration and discussion by Councillors at Forum on 25 June 2014. Preceding this Forum and after discussion with the Manager of Engineering and Public Space, Mr and Mrs Short submitted a further response (see Attachment 7) as spokespersons for concerned Heathcote ratepayers. This response detailed support for Option Four and a concern about the lack of community consultation for Option Five before it was presented to Councillors at Forum. At the June Forum discussion, Councillors collectively offered the following preliminary feedback:

a. While there was a preference to establish separated facilities for motor vehicles accessing the forest and for cyclists on the Rail Trail, this was not seen as essential in the initial project. It was however recognised that the section of existing 'road' between Speed Street and Burnt Track represents a higher level of risk for joint use than the remaining section to Mia Mia - Derrinal Road.

b. Additional overall funding for the project was not supported and therefore options that can be accommodated within the budget were preferable.

This discussion led to identification of a sixth option, as described in the attached Options Paper.


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Given that two further options had been developed since the initial community meeting, a further community meeting was held on 11 September 2014 at the Heathcote RSL. The purpose of the meeting was to ensure the same process was applied to the two further options and this is what occurred. The final draft of the Options Paper was updated in consideration of the feedback received. Cr Campbell and Cr Weragoda were in attendance at this meeting, with Cr Leach being an apology.

In addition to the previous representatives at the community meeting on 11 February 2014, new representatives of the tourism and business sectors of Heathcote attended the September meeting. At this meeting the attendees were given an update on the work that had occurred to date, including the informal feedback that Council had provided at the Forum which led to the development of Option Six.

From the passionate discussion at this meeting amongst the various parties it was evident that, broadly:

nearby residents considered options that maintained unencumbered vehicle access along the route to be most favourable; and

tourism and business operators and the Friends of the Bendigo-Kilmore Rail Trail most favoured options that didn't involve mixed use by vehicles and cyclists.

To the latter point, a submission on behalf of the Heathcote's Tourism & Development Inc., Traders Association, Community Plan group, Farmer's Market and Film Festival group was received following the meeting (see Attachment 8). This submission offers some quantification of the economic potential of the O'Keefe Rail Trail for Heathcote and argues that full separation, as per Option Five, should ultimately occur; however the short term option should be a 12-18 month closure of the existing 'road' to motor vehicles in accordance with the Option One treatment. It includes a suggestion to remove bollards during fire danger periods on the basis that the road remains 'legally closed' to vehicles with compliance being monitored by riders of the Trail during that time. Similarly the Friends of the Bendigo-Kilmore Rail submitted a letter of clarification (see Attachment 9) indicating that, in keeping with the position of wanting to see the highest possible standard of trail offered to best attract riders, Option Five is preferable to Option Six. The resident representatives offered strong verbal support at the September meeting for Option Six. While no further correspondence has been received from the representatives of the residents since the September meeting (and nor was it requested), it is important to acknowledge their concerns about the implications of a 'road closure' option on fire risk, emergency response and personal inconvenience have in no way been diminished. During the September meeting another resident of Heathcote, who is not impacted by the current works directly but may one day be by possible extension of the Rail Trail to Kilmore, also highlighted the need to consider any precedent that the decision on this current matter would set.


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Discussion If Council's position remains that no additional funds are available for this project, then without changing the scope of works to be undertaken on the remaining other areas of the Rail Trail, the only affordable option is the original proposal (Option One) to close the 'road' through the One Eye Forest to vehicles. As indicated in the Options Paper, the impact of doing so is very limited (maximum of 15 vehicles per day recorded and other route options exist) however the impact is highly concentrated on a group of nearby residents and an impact on the broader Heathcote community. That said, in regard to the residents' concerns about the increased fire risk by a less maintained 'firebreak' and interrupted access for emergency response vehicles associated with a closure option, it is suggested that the City must heed the advice of the CFA and DEPI. To this end, neither organisation has objected to the installation of gates to preclude motor vehicles subject to conditions regarding keys, maintenance and minimum widths being met. Option One has the added benefit of keeping long term maintenance costs of the Trail itself as low as possible. Currently the 'road' is scheduled to receive one grade each year as part of its maintenance as a 'fire track'. While it is difficult to quantify, evidence collected on the condition of the road following wet weather and motor vehicle use strongly suggests that a higher frequency of maintenance would be needed if the track were to remain useable by riders in any shared arrangement. While the financial arguments for Option One are relatively strong, others opinions regarding the importance to the Trail's success of separating riders and motor vehicles do not seem so absolute. The submission received from Rail Trails Australia (see Attachment 10) stops short of deeming separation essential and, while strongly encouraging separation, offers recommendations on how 'shared paths' should be managed if deemed absolutely necessary. A further complication to the position that separation of riders and motor vehicles must be provided is that, on other sections of this same trail, this position is already compromised. A section east of the Campaspe River requires the existing sealed Ingham Road to be shared between riders and motorists. Additionally, riders must cross the highway and other roads at several points along the length of the old and new trail. If the position is that separation is preferable but not essential (at least initially), then the question largely becomes one of affordability, return on investment and equity. In this regard, approximately $150,000 in current works elsewhere along the Trail could be delayed to 'free up' funds in the total project budget. Primarily this would mean that some remaining sections (selected for the relatively good natural ground that exists) would not receive a gravelled path and would instead be formed using existing material. Improvements to these sections would then be considered on an annual basis during Council's budget deliberations. Adopting such an approach, and adhering to Council's preliminary advice that no further funds are available for the project, means that Options Three and Six are also possible initially.


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Options Three and Six are basically the same treatment between Speed Street and Burnt Track providing a separated path. For the section between Burnt Track and Mia Mia - Derrinal Road, Option Three bans traffic whilst Option Six has shared use. These options offer improved vehicle access over Option One as it provides vehicle access to Burnt Track via the current road reserve; however they come at a considerable additional cost. Option Three impacts on access for nearby residents and the three properties within the One-Eye Forest. Comparatively, Option Six however has the benefit of maintaining vehicle access for all users while removing areas of particular safety concern for riders is achieved. Increased maintenance costs are anticipated but are seen as manageable. If Option Six was adopted, periodic monitoring of the operation of shared sections of the trail would be undertaken. This would include observation of motor vehicle usage as well as perception and feedback from trail users in regards to the shared section's functionality. Depending on the outcome of these observations, the Option Six treatment could remain, or Options Three, Four or Five could be considered in the future. Option Six is seen as meeting the objective of providing separation on the higher risk areas whilst maintaining access to the forest and local properties via the former rail alignment.


Following receipt of the petitions, consultation has been undertaken with key stakeholders including representatives from both petitions, and organisations including DEPI, CFA and Coliban Water. The objective of the consultation was to discuss the accuracy of the information pertaining to each of the identified options. Two stakeholder meetings were held to discuss the pros and cons of each option highlighted in the Options Paper. Correspondence from stakeholders since the petitions has been included as attachments as detailed earlier in this Report.


The project is jointly funded by CoGB and the Victorian Government via a grant through Regional Development Victoria. The six options being considered range in cost from $64,000 (Option One) to $505,000 (Option Four). The One Eye Forest stage of the O’Keefe Rail Trail Project was originally budgeted in line with the estimate for Option One ($64,000). Of the options best meeting the requirements of both petitioners by providing full access and full separation, Option Five is the most affordable, and would see the estimate raised to $273,000. The recommended option (Option Six) is estimated to cost $183,000 and includes dismantling of the existing closed timber bridge and replacement with a new bridge similar to the other new bridges along the Trail.


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Options exist to delay works in other sections of the current project that would enable approximately $150,000 to be made available for the options listed in this report.

Conclusion

The former rail reserve through the One Eye Forest has been largely used as a forest track and through route for a small number of Heathcote residents since the closure of the rail line. The bridge over the waterway between Speed Street and Burnt Track has been closed and a low level flood way installed adjoining the bridge to maintain its general use. Whilst the track is currently available for all users, the extension of the O'Keefe Rail Trail to Heathcote via the One Eye Forest is expected to cause a noticeable increase in pedestrians and cyclists on the track. A number of options were developed to address the concerns raised in the two petitions presented to Council. Whilst neither petition opposes the O'Keefe Rail Trail project, they raise different concerns regarding use and access. Separation of trail users from motorists is seen as important by many to maintain the safety and appeal of the trail whilst continued access through the forest is seen as important by nearby residents for emergency response and convenience reasons. Of the six options developed, only Options One, Three and Six are affordable at this time. Option Six is seen as the best compromise between access, safety and cost, and includes the ability to pursue other identified options in the future. Option Six is therefore the recommended option considering the many concerns of stakeholders. Funding of Option Six is achievable within the current total allocated budget by delaying the final path treatments in other unfinished sections of the Trail.

Attachments

1. One Eye Forest Options Paper 2. One Eye Forest Options Paper - Detail Maps 3. Correspondence from Bruce Short, resident 4. Letter from DEPI 5. Letter from CFA 6. Letter from Coliban Water 7. Second letter from Bruce Short, resident 8. Group Proposal from Heathcote Tourism & Development Inc., Heathcote Traders,

Heathcote Community Plan group, Heathcote Farmers' Market, Heathcote Film Festival and Heathcote Winegrowers Association

9. Letter on behalf of Friends of the Bendigo-Kilmore Rail Trail 10. Letter from Rail Trails Australia Inc.


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RECOMMENDATION

That Council, having considered the two petitions tabled, the further correspondence received from stakeholders and the Options Paper developed in consultation with the stakeholders:

1. Approves the development of the section of the O'Keefe Rail Trail through the One Eye Forest, Heathcote in accordance with Option Six; being a separated path between Speed Street and Burnt Track and a shared track between Burnt Track and Mia Mia - Derrinal Road.

2. Following the opening of the completed extension from Axedale to Heathcote, monitors the operation of and feedback from trail users on the shared section of track through the One Eye Forest.

3. Informs the stakeholders involved in the consultation process of Council's decision.

Productivity - Reports Ordinary Meeting - 22 October 2014

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5. PRODUCTIVITY

5.1 ECONOMIC DEVELOPMENT STRATEGY: 2014- 2020


Authors Peter Jeffery, Business Development Manager Stan Liacos, Director City Futures Responsible Stan Liacos, Director City Futures Director

Summary/Purpose

The purpose of this report is to provide Council with a brief overview of the consultation and communication activities undertaken with regard to the development of the Greater Bendigo Economic Development Strategy: 2014 – 2020 since the release of the draft strategy in June earlier this year, and to present a final draft for Council’s consideration and recommended adoption. Assuming Council adopts the attached final draft document, the final steps in the completion of the strategy will be for the report to be professionally designed, promoted and widely distributed.

Policy Context

Council Plan – Action item 2.5.5: Review Economic Development Strategy


Council considered a draft Economic Development Strategy in May this year and subsequently released it for a period of public consultation from 9 June 2014.

The draft strategy was developed drawing from a wide variety of sources and influences including:

Commonly expressed views from up to 150 local business leaders and employers captured as part of a series of personalised luncheon forums hosted by Council in 2013;

Community engagement that comes as a matter of course in our work dealing with businesses, employers and communities every day; and

Well established Victorian Government and City of Greater Bendigo project and policy imperatives.

Since the release of the draft strategy, the following activities took place:

Numerous media editorial and public interviews encouraging input and feedback;


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Newspaper advertising and public notices encouraging input and feedback;

Various social media activities and invitation to comment;

Lunchtime and evening listening posts held at both Bendigo Library and the Heathcote RSL;

An "Unemployment Forum" convened by Cr Cox attended by about 40 people at the Eaglehawk Town Hall to specifically discuss economic development initiatives and the challenges and aspirations of unemployed people in our community; and

Discussions with various CoGB related Committees and Forums including the Bendigo Manufacturing Group, Farming Advisory Committee, Bendigo Inventor Awards, Career Horizons Committee etc.

Pertinent comments received from these activities are summarised below. The majority of comments received, or at very least the general sentiments of comments received, have been incorporated into the final version of the strategy. All submissions received are available to Councillors upon request.

Resident and/or Business

owner/manager

Main thrust or element of their comment or advice

Officer comment

Peter Hargreaves

Climate change impact considerations for agriculture sector in the region require more focus and attention

Incorporated into the Strategy

Colin Burns Contributions made by the Bendigo Manufacturing Group / Manufacturers require more attention

Issues of wellbeing and liveability are important

Financial costs to implement the strategy should be detailed

Sectors offering forecast job opportunities for the region could be better highlighted

Review the five pillar themes of the strategy to accommodate a more rounded community focused strategy

General sentiments incorporated into the Strategy

Sarah Basso Population growth is putting pressure on road infrastructure. Road infrastructure improvements are required especially in our growth corridors

To be addressed in the forthcoming Integrated Transport Strategy and in part by the Economic Development Strategy

Gordon McKern Religious tourism could be better highlighted. Overall congratulatory and supportive of strategy


Keith Sutherland Generally congratulatory and Noted


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supportive

Tom Seddon Generally congratulatory and supportive

Noted

Barry Cook Generally congratulatory and supportive

Noted

Sonia Anthony Generally supportive but requested more emphasis on the hospitality industry


Dan Douglas Generally supportive but requested a much stronger emphasis and opportunities arising from the region’s growing health sector, including in Heathcote


Ted Coleman Generally critical of the draft strategy

A more responsive Planning Scheme is required

Minimisation of “red tape” and fast tracking appropriate applications as required

Business attraction incentives such as supportive land packages could help attract new business

Local demographic and industry sector data services for the public would enable better understanding for potential new businesses

Samples of small/medium/large council assisted business projects could be displayed

Guidance for entrepreneur and start-up projects could be provided

Examples of cutting-edge business development and export industries could be better promoted to local business community

A ‘Businesses Guide and Incentives’ – "Steps with Council" process could help streamline the settlement of new businesses

Attention to drug, alcohol and violence within the community would ensure the marginalised

General sentiments endeavoured to be incorporated into the Strategy


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population benefit from the above – reduction of such social ills should be seen as important in an economic development sense

"Unemployment Forum" held for the Economic Development Strategy

Greater focus to help reduce local unemployment through a variety of actions

Development of an independent “employment hub” to help job seekers, training and career advice etc.

Local "Jobs Expo" to be considered

Consider targeting support to areas of highest unemployment in Bendigo

Some of the initiatives have been incorporated into the Strategy, particularly the conduct of a major "Jobs Expo"

Bendigo Manufacturing Group

More focus on industry-supportive infrastructure

More focus on advocating for control of escalating energy prices and certainty of supply

Business support and investment attraction through continued work and increased support for the City’s Economic Development Unit

Future workforce education and training also requires more support from all levels of government


Herbert Hermens Stronger emphasis on education and career pathways in performing arts

General sentiments incorporated into the Strategy

Dave Richardson Generally supportive of the strategy

Noted

Ian Green Generally congratulatory and supportive

Noted

David Heywood Bendigo to Melbourne rail improvements are required

Road infrastructure upgrades to reduce future congestion


Kerry Whitfort Water security concerns Incorporated into the Strategy

Laurie Whelan and Cheryl Martin

Better communication between business owners and City's regulatory staff (such as food safety inspectors) would be most beneficial

Advocate for small and



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medium sized local businesses at State and Federal Government levels

Farming Advisory Committee

Generally supportive but requested that more attention and support be targeted at the region's farming and agribusiness potential

More emphasis regarding Bendigo’s role as a regional centre

Opportunities for Bendigo to exploit could include - innovative farming such as hothouses and hydroponics; Bendigo’s strong Poultry and Pork presence; export opportunities for produce; alternative energy production; freight hub due to Bendigo’s geographic location; support for abattoir



The preparation of the strategy has been almost entirely developed in-house at minimal expense to the organisation other than officer time.

The vast majority of project and policy imperatives highlighted in the strategy are realistic, tangible and highly “implementable” in the relative near future, say, within the next ten years.

The majority of identified initiatives are likely to be implemented by other levels of government, the private sector, not-for-profit and broader community sectors, as well as in many instances a combination of sectors, rather than the City of Greater Bendigo itself. The City’s job in largest part is to be a consistent and professional advocate and enabler of local government and community effort. This is what Council has generally done well over the last ten or so years. The challenge ahead is to continue to do so for the benefit of the community and economy. Once adopted, the strategy calls for more detailed Implementation Plans to be considered and published by Council. This would occur at least once a year for the next six years. Specifically in terms of the City of Greater Bendigo, there are only a range of relatively new initiatives requiring additional or on-going budgetary support than what otherwise already exists or is in process anyway, including: 1. Development of Marong Business Park (requirement to accelerate momentum

and to stage effective planning, advocacy and development over the next one-to-ten years)


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2. Preparation of a Greater Bendigo Freight Study 3. Preparation of a sector-wide Greater Bendigo Education Strategic Plan 4. Support for youth employment initiatives including the Career Horizons and

Passions and Pathways Programs 5. Employment or internal reassignment of at least one dedicated "Small Business

Broker” as outlined in the strategy 6. Sustained increased support for some important business advocacy and support

groups in Greater Bendigo 7. Potential reintroduction of the Bendigo Skilled Migration Program (pending

majority matching government grant support) 8. Potential planning, promotion and staging of a major Bendigo and region “Jobs

Expo” designed to bring together employers, educational and training institutions, students and unemployed in our community in a proactive and supportive manner.

Support for these and the many other initiatives outlined in the Economic Development Strategy will be considered on a case-by-case basis as part of Council’s annual budget processes.

Conclusion

The vast majority of comments received since the release of the draft Economic Development Strategy have been incorporated to varying degrees into a final strategy that is attached for Council’s consideration. It is very difficult to incorporate and provide full detail with regard to all aspects of what can reasonably be considered important to the economic development and vitality of Greater Bendigo. Part of the reason for this is because the notion of economic development is so broad and all-encompassing in nature. Notwithstanding, the attached strategy we believe provides a good sound basis to provide direction and promotion of the many and varied initiatives considered most necessary to be implemented by, and for, the Greater Bendigo community to ensure continued growth, vibrancy and diversification of our economy for the next decade and beyond. Responsibility for implementation of these priority initiatives is spread across Greater Bendigo’s public, private and community business sectors and across the organisation where relevant to the City of Greater Bendigo itself. The Strategy has been drafted to encourage and promote City of Greater Bendigo, Victorian and Australian Government, private and community sector investment into a series of priority actions that when combined will continue to generate real “game changing” outcomes for our region.


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A strong economy means more jobs and greater prosperity for the region. It allows individuals, families and communities the confidence and freedom to pursue opportunities and enjoy shared amenity, making Greater Bendigo a highly sought after home and a place able to increasingly attract and retain residents. This in turn attracts more skilled professionals, technicians and trades and sustains further business investment and employment.

Attachments

1. Economic Development Strategy: 2014 - 2020

RECOMMENDATION

That Greater Bendigo City Council adopt the attached Economic Development Strategy 2014 – 2020.


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5.2 RESPONSE TO PETITION - KANGAROO FLAT LEISURE CENTRE/HALL


Author and Responsible Stan Liacos, Director City Futures Director

Summary/Purpose

The purpose of this report is to provide information and advice to Council in relation to a recently tabled petition seeking the retention of the Kangaroo Flat Leisure Centre/Hall which Council resolved last year to progressively decommission as part of the planning design and development process for the proposed Greater Bendigo Indoor Aquatic Leisure and Wellbeing Centre.

Policy Context

Council Plan – Agreed Action 2.1.1

Plan for the Greater Bendigo Aquatic and Wellbeing Centre at Kangaroo Flat including seeking a planning permit and continue to advocate and source funding.


The Petition The petition in question contains 689 signatures. It states: “We, the undersigned, support the retention and continued used of the current Kangaroo Flat Leisure Centre building and request that the City of Greater Bendigo meet the community representatives to address the community’s need for a well maintained purpose built community hall in Kangaroo Flat”. A significant 222 (32%) of signatures are from people residing in localities well beyond Greater Bendigo, mainly metropolitan Melbourne. In terms of localities, signatures on the petition are from people who state their residency as being:

Metropolitan Melbourne / Other Regional Victoria / Interstate 32%

Kangaroo Flat 15%

Bendigo 12%

Maiden Gully 10%

Eaglehawk/Long Gully/Cal Gully/Ironbark 9%

Golden Square 5%

Marong 5%

Other Greater Bendigo (various) 12%

Total 100%


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Previous resolutions and decision making background In 2009, Council adopted the Kangaroo Flat Community Plan that among other things placed a high priority on the development of a major indoor aquatic centre in the area, but to serve Greater Bendigo and region as well. Between 2009 and 2012 various reports, discussions and resolutions took place with Council that among other things concluded the Browning Street Reserve / Kangaroo Flat Leisure Centre site as the designated site for the proposed Aquatic Centre. The decision was also made in the broader context of an earlier adopted municipal-wide Aquatic Facilities Strategy. The initial considerations for the proposed Aquatic Centre were for a range of features, including a lap-pool of 25 metres in length. But after much community, media and Council consideration, and a community petition of over 2,700 signatures, at its meeting of 8 February 2012 Council considered a lengthy report and among other things resolved to incorporate a 50 metre lap-pool in the proposed Aquatic Centre. This decision had a significant impact on escalating the cost of developing the proposed Aquatic Centre and also made it difficult to accommodate the retention of the current building on the Browning Street Reserve site given the constrained development envelope. At its meeting of 21 March 2012, Council adopted a report that among other things agreed the design development brief and the planning and sequential development process necessary to deliver the Aquatic Centre project. This included approval to engage well-credentialed and experienced specialist designers and engineers. At its meeting of 5 December 2012, Council agreed to the formation of a Community Reference Group to assist with community engagement and to provide input into the design development process. The Reference Group has to date comprised the following people:

Alan Besley Kangaroo Flat Community Enterprise

Dr Andrew Cameron Health sector (local health practitioner)

Christine Brunner Community representative

Jill Barker Kangaroo Flat Rotary Club

Tim Gentle Business operator and designer

Heather Gartside Kangaroo Flat Lions Club

Shelley Mulqueen Bendigo Sports Focus

David Richardson Business sector

Ben Maw Aged care sector

Geoff Bowyer Kangaroo Flat Community Enterprise

Cheryl Axell Community representative

Layton Miller Kangaroo Flat CFA

Andrew Purdy Kangaroo Flat CFA

Carl Barkmeyer Bendigo Swimming Clubs

Cr Barry Lyons City of Greater Bendigo Councillor

Cr Rod Fyffe City of Greater Bendigo Councillor

Cr Elise Chapman City of Greater Bendigo Councillor


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From December 2012 until early 2014, the Reference Group and various Councillors participated in the design development process for the proposed Aquatic Centre. As part of this process, the Reference Group and Council were extensively briefed on the recommendation of the Project Team and its architects and engineers that removal of the existing building at the Reserve was desirable, indeed inevitable and necessary, for a variety of sound reasons. The conclusion was supported by both the Reference Group and Council at the time. At its meeting of 27 March 2013, Council specifically resolved to publicly release agreed concept plans for the proposed Aquatic Centre. The plans and associated report adopted by Council made clear reference to the necessity of decommissioning the existing building on the site. At its meeting of 20 August 2014, Council resolved to issue a planning permit for the development of the proposed Greater Bendigo Aquatic Leisure and Wellbeing Centre. As part of our effective advocacy campaign managed over the last two-plus years, earlier this year the Victorian Government publicly committed $15,000,000 towards the development of the Aquatic Centre. This is a major funding and policy commitment by the government. It represents about half the cost of developing the Centre. It is understood to be the largest commitment ever by a Victorian Government for a municipal aquatic centre in Victoria outside of Commonwealth Games facilities. This commitment is more than an election pledge, but rather a financially budgeted commitment by the Victorian Coalition Government, and is understood to also be supported by the Victorian Labor Opposition. The Kangaroo Flat Community Enterprise has already pledged $100,000 towards the project and is continuing with on-going fund raising efforts. Public Communications Over the past two years, the development of the proposed Aquatic Centre, and by implication the decommissioning of the existing building on site, has been communicated in a variety of ways, including:

Numerous and regular prominent media reports (print, television and radio); Presentations to various community groups in the Kangaroo Flat area (e.g. Probus,

Community Enterprise, Rotary groups etc.) Distribution of various Project Bulletins (over 5,000 in each case); The on-going work of the Community Reference Group; Numerous editions of the “Flat Matters” Community Newsletter – distributed to over

5,500 households per edition in the Kangaroo Flat, Golden Square, Maiden Gully, Marong, Lockwood and Big Hill areas;

Distribution of articles in Council’s “Greater Bendigo News” publications periodically sent to all households in the municipality; and

Meeting on several occasions with the existing users of the existing building and persons initially involved in its development in the early 1980’s.

A public town planning permit process was also undertaken in the first half of 2014.


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The existing Kangaroo Flat Leisure Centre/Hall The existing building on the Browning Street Reserve was physically developed just over 30 years ago in 1984. It was developed within what was then the municipal district of the Shire of Marong. The development cost of the building is understood to have been approximately $498,000 (1983/4 dollars), with a community (non-Council) contribution of $50,000 (10%). (Source: Shire of Marong municipal council records) Since local government amalgamations in 1994, the building in question has been owned by the City of Greater Bendigo. The building continues to be owned by the City although its operation has been out-sourced and managed for many years now by the Y.M.C.A. The existing building comprises one (non-compliant) basketball court, associated amenities, storerooms, meeting room and a small office. In the 1980’s and 1990’s, the facility was understood to have been well-regarded and generally well-used. Fast-forward to today, however, and the building and its popularity are in a vastly different state. Whilst visibly sound structurally, the building is nonetheless unsightly and used infrequently. Information provided by the Y.M.C.A. for the 2012/13 financial year indicates that the facility generated total income of only $27,940. Expenses incurred were $45,670. The facility therefore ran at a net loss of $17,730 for that year. The reality is that the building gets little use. If it did, it would be generating an income stream far greater than $27,940 per annum. Included below are photographs taken of the building in recent weeks:


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In the past couple of years, representatives of the City of Greater Bendigo and the Y.M.C.A. have liaised with existing users of the building offering assistance and advice regarding their phased relocation. It is important to note that the proposed Aquatic Centre has been specifically designed to accommodate some of the existing users in a quality contemporary manner. Multi-purpose rooms have been included in the design of the proposed Centre. About two years ago, it was understood that the existing building had 24 user groups. The list of 24 provided by the Y.M.C.A. included both previous and (then) current user groups. Of the 24:

9 have since advised they no longer require use of the facility;

6 have self-identified a new venue;

3 are in the process of relocating to a new venue following support from our Community Wellbeing Directorate; and

Our Community Wellbeing Directorate continues to work with the remaining 6 users seeking alternative venue options.

Our approach to assisting with relocation has involved initially gaining an understanding of user group considerations and then after exploring different options determining any support package necessary. Many of the user groups have or are in the process of transitioning to venues including:

Truscott Reserve Stadium/Soccer Rooms

Bendigo Multisports Centre (privately owned)

New Ulumbarra Theatre (under construction)

The Capital Theatre

Crusoe Secondary College (co-use of netball courts)

Bendigo Exhibition Centre Other venue options that have and will continue to be explored include:

Kangaroo Flat Senior Citizens Centre (where PAG is based)

Y's Mens Hall (opposite Aldi Kangaroo Flat)

St Mary's Church (recently rebuilt to a high standard after the fire)

Crusoe Secondary College - JB Osborne Theatre and Stadium

Long Gully Multipurpose Facility

YMCA Mundy Street Bendigo None of the remaining six user groups have indicated that they require exclusive use of a venue. This is not surprising given that of the six remaining users, four use the venue only once a year, and two are small in nature and can be readily hosted in the proposed Aquatic Centre's multi-purpose "dry" rooms The Y.M.C.A. itself has indicated that they can readily relocate their school holiday program activities to St Monica's Hall or elsewhere, including the Aquatic Centre's proposed multi-purpose "dry" rooms.


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For the remaining current users of the Centre, desirable alternative venues exist including:

Other halls and facilities in the area and across Bendigo;

Bendigo Exhibition Centre; and

Facilities at nearby Crusoe Secondary College and J.B Osborne Hall/Theatre. Work will continue to assist these groups find an alternative affordable venue. In terms of discussions with concerned residents that were originally involved in the development of the existing building in the early 1980s, this has most certainly taken place. Key members of the Project Team, including the Project Director, have met on several occasions with Mr Don McKinnon and other pertinent members of the community, and have done so for over two years now. These deliberations have at all times been respectful, genuine and informative for all concerned. Direct dialogue will continue, including through the recent convening of a public community information forum held on Monday evening 29 September 2014. Analysis of the existing building and the rationale for its removal Upon initial review of the existing site and building conditions, we concluded that the building is nearing the end of its useful life. Whilst it may have served the community well in the past, the reality is that it is now an eyesore and is not meeting the needs of the broader community. The building does not lend itself to being creatively or efficiently adapted for the purposes of a modern efficiently-designed efficiently-operated Aquatic Centre. Aquatic Centres are facilities that need specialist design and material considerations. They have completely different functional needs to that of an otherwise traditional masonry community hall. In our initial consideration of utilising the existing building for the proposed Aquatic Centre, we undertook a review of its existing conditions and what ramifications this may have on proposed works and design objectives. As part of the preparation of the proposed concept designs, our design and engineering team undertook an extensive analysis of the existing building conditions and what value the building had for the proposed functional planning of the Aquatic Centre. As part of the analysis, several concept options were produced of which one option was to retain the core of the existing building. Through our analysis we established five key criteria used to assess the performance of the existing building and reviewed advantages and disadvantages against the criteria. The key criteria used to assess the existing building were:


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a) Building and Materiality; b) Services; c) Site Orientation; d) Access; and e) Building Value/cost. Building and Materiality The opportunity of re-using the existing basketball court structure as it offers a high volume which could possibly be retained and retro-fitted with a two storey health and fitness component was favourable at first glance. However, upon review of the existing conditions we noted that the existing superstructure would require significant treatment to bring it up to current building standards, and to allow for a secondary support structure to hang off it for fit-out purposes. With aquatic environments the steel structure requires a special paint coat system to withstand the harsh aquatic air quality and moisture. Generally this requires the structure to be prepared and painted in a clinical factory setting off-site to avoid the issue of unwanted particles floating through the air sticking to the structure and creating weak points which can penetrate through to the base structure and therefore corrode steel finishes over time. This would be a costly exercise if we chose to retain the existing superstructure. The existing materials which are predominately masonry clad walls and steel sheet roof cladding would also require attention to ensure they could endure many years of lifespan. Ultimately the result would be to replace the existing cladding materials to ensure the end finish is up to standard without any traces of ‘hazardous materials such as asbestos’ and all other building code compliance matters for building materials are met. Insulation requirements would require a substantial upgrade to both walls and ceilings. In analysing the above we need to ask ourselves how much of the existing building are we actually retaining and what is it’s true worth? Services Building services such as Mechanical, Hydraulic and Electrical Services are very important elements which are expensive and the opportunity to reuse existing infrastructure would be advantageous to avoid relocation of existing service mains and service routes. However, we note that the existing services mains also have compliance issues and do not have enough capacity to operate the proposed aquatic centre facility successfully. The electrical and mechanical infrastructure is inadequate for the proposed facility, a separate electrical substation kiosk is required to operate the proposed complex, and the mechanical air-handling units to operate an aquatic centre are far greater than packaged units currently located within the existing building. We reviewed the opportunity to retain in-ground established hydraulic services and therefore plan the proposed change rooms in the same location as the existing to capitalise on existing hydraulic outlets and waste locations. We note that the number of sanitary requirements for the proposed facility is far greater than what is currently located on site.


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The positioning on site is not ideal as it would not be central to the majority of aquatic and health and fitness components which therefore cause universal design issues and compliance with DDA codes of equal access for all users. Therefore in our assessment of existing services it is fair to say that virtually all of the existing services infrastructure would be redundant. Site orientation The existing building is positioned with a minimal set-back to Browning Street occupying the majority of the street frontage and desired northern solar orientation therefore acting as a barrier to the available site beyond. This significantly limits the opportunity to “open up” the proposed aquatic leisure ‘family fun’ facilities to the north and create strong links between indoor and outdoor spaces where users can be exposed to sun for the majority of the day, without any concerns of building and structure over-shadowing. The dominant existing building also in its current form acts as a strong barrier between the recreation reserve, Browning Street and the attractive parkland setting across the street. Ideally by removing this building we believe there is an opportunity to open up this outlook to promote pedestrian movements in the north/south direction all the way through to Dower Park and maximise passive surveillance throughout the area. Access Access and movements in and around the existing building relates strongly to its site positioning and orientation. It currently provides for limited access in and around the site as it is located centrally between the fire training track (CFA lease zone) and the natural landscape along the creek. When reviewing the possible design options this existing positioning limits access and design flow to the remainder of the site and therefore acts as an obstruction to the surrounding functions such as the adjacent sports oval and general open green space. A building which is structurally ‘lighter’ in appearance (glazed and far more transparent as proposed for the Aquatic Centre) can open itself up to the surrounding landscape and embrace other activities as part of the entire precinct. Cost/Building Value In assessing the above elements it was determined that if there was a component of the existing building that could be retained it would only be the existing superstructure to the single basketball court which would also require treatment in order to ensure it complies with contemporary building standards. At preliminary concept design stage a quantity surveyor was engaged to analyse the value of this existing component. The value of existing building that could possibly be retained was estimated at approximately $200,000. Our view is that the compromise of important design and functional requirements for the operations of the facility would far exceed the “salvage value” of just $200,000 which in our opinion does not stack up for the life and longevity of the proposed $30 million Aquatic Centre.


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In analysing the site/existing building conditions and possible building adaptation for our proposed scope of works based on the above criteria and thoughts, we strongly believe the most efficient and sound solution to deliver a contemporary environmentally friendly building that can service the community for over 40 years would be to decommission and remove the existing building from site at the time of construction of the proposed Aquatic Centre. Existing users of the current Centre/Hall can be accommodated in either the proposed new Aquatic Centre (note: multi-purpose rooms have already been incorporated in the design) or relocated readily to alternative venues in Kangaroo Flat or surrounds. Constraints of the site A casual glance of the site for the proposed Aquatic Centre may suggest to some people that we are dealing with a relatively unconstrained and large development envelope. The reality is that we are not afforded this luxury, nor do we have limitless budgets. It is a reasonably constrained development envelope from a design and engineering perspective. Some of the limitations that the Project Team has had to work within include:

An existing CFA Fire Track and lease boundary to the west;

An Environmental Significance Overlay Planning zone along the creek to the east;

Browning Street to the north;

An existing Sports Oval and reserved parkland to the south; and

The need to design a building that needs to be situated and "shaped" well to afford efficient and logical aquatic centre operations in the future.

Accounting for these “givens”, there is realistically no scope in which to accommodate the existing Leisure Centre/Hall building on site without adversely impacting on the ability to develop and operate an aquatic centre. The emergence of an “alternative plan” It is understood that an “alternative plan” has been mooted with some Councillors by advocates seeking the retention of the existing building. Whilst this plan depicts the retention of the existing building, there are major shortcomings with the plan including: 1. The loss of the existing Sports Oval to the south. Advice from our Recreation

Department is that we already do not have enough open space and sporting ovals for the Kangaroo Flat area. The loss of the oval would be most unfortunate. Current users of the oval in question include Bendigo and District Cricket Association (Juniors), Bendigo Junior Football League, Kangaroo Flat Junior Football Club and St. Monica’s Football Club.


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As part of the Dower Park Master Plan, the Browning Street Oval was identified as a key asset to meet the demand of local Football and Cricket in particular. The Master Plan recommended the upgrade of the surface of the oval and the eventual installation of lighting to meet the needs of the community. The three ovals currently servicing Kangaroo Flat are Dower Park Oval, the Browning St Oval and Crusoe College Oval All three are needed (and desirably more) to meet current and future demands.

2. The most unusual and awkward notion of physically developing a state-of-the-art $30

million heavily-glazed modern attractive Aquatic Centre adjacent to and in large part obscured immediately behind an otherwise unattractive out-dated bland masonry building. The aesthetic and operational outcomes of this are short-sighted and would likely result in a major civic embarrassment.

3. Encroachment on to the Environment Significance Planning Overlay zone that runs

along the creek alignment. The Project Team had worked hard in its design and planning permit application to avoid encroaching on to this otherwise ‘no go’ zone.

4. It contravenes key recreation planning principles which Council had endorsed last

year including avoiding duplication of community facilities, modernising facilities to ensure they meet contemporary requirements, and the desirability of rationalising significantly under-utilised community facilities.

5. Failure to provide an inviting highly visible frontage along Browning Street – this

would be a lost opportunity and may harm the Aquatic Centre from an operational and marketing perspective.

6. Restoration of the existing building would draw from already scarce financial

resources. A copy of this “alternative plan" is attached (Attachment 1). Also attached is a simplistic but nonetheless useful comparative overlay representation of the “alternative plan” over Council’s permit-approved plan (Attachment 2) which helps visualise impacts and differences between the two design approaches. Endeavouring to design a community facility of which Kangaroo Flat and Greater Bendigo can be proud From the outset, the drive of the Aquatic Centre Project Team has been to design and develop a community facility that Kangaroo Flat, indeed all of Greater Bendigo, can be rightly proud of. Whilst to some people the concept of re-using buildings originally designed for one purpose, for a markedly different purpose, may appear plausible, the reality is that in this instance it is not desirable nor feasible. Adaptive re-use of an existing out-dated masonry building for the purposes of an otherwise contemporary state-of-the-art Aquatic Centre is short sighted and strives for mediocrity rather than excellence. You simply would not do it. If you do something, you should do it well from the outset. Short cuts today, simply means pain and regret in the future.


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Kangaroo Flat and the wider Greater Bendigo community deserves a new contemporary Aquatic facility that from day-one has been designed fit-for-purpose, and not a compromised second-rate adaptation of a building originally designed for a completely different purpose.


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Meeting with the pertinent representatives of the community Council and the Project Team have engaged well with the Kangaroo Flat and wider Greater Bendigo community. This has included meetings with the remaining users of the existing building and respectfully also key people involved with the development of the existing building over thirty years ago and community engagement will continue in this regard. The Kangaroo Flat Community Enterprise has been particularly supportive of the project and has already pledged $100,000 project funding support. Together with Victorian Government support of $15,000,000, delivery of this much discussed civic aspiration is well on the way to being fully funded and can be delivered in the foreseeable future once full funding is in place approved by Council. Doing so would also deliver on what Council has publicly expressed for several years now with the Victorian Government, and the community, as its highest major project priority.

Attachments

1. "Alternative plan" 2. "Alternative plan" overlaid over existing permit-approved site layout

RECOMMENDATION

That Greater Bendigo City Council resolves to: 1. Acknowledge receipt of the petition that is the subject of the report and the public

meeting held to consider community views about the Kangaroo Flat Leisure Street in response to the petition;

2. Refer the proposed Greater Bendigo Indoor Aquatic and Wellbeing Centre for further consideration by Council as part of its deliberations on the Long Term Financial Plan.


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Attachment 1 – Alternative plan


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Attachment 2 - Alternative plan overlay

Sustainability - Reports Ordinary Meeting - 22 October 2014

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6. SUSTAINABILITY

Nil.

Leadership and Governance - Reports Ordinary Meeting - 22 October 2014

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7. LEADERSHIP AND GOOD GOVERNANCE

7.1 CONTRACTS AWARDED UNDER DELEGATION


Author Leeanne Taig, Administration Assistant, Project Coordination Responsible Marg Allan, Director Organisation Support Director

Summary/Purpose

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

Policy Context

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

Report

RECOMMENDATION

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

Contract No

Project Successful Contractor

Value (GST Excl)

Delegated Officer

Date Signed

CT000150 Asphalt Major Patch Works

Boral Resources (Vic) Pty Ltd

$894,891.30 Craig Niemann 26/09/14


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7.2 RECORD OF ASSEMBLIES


Author Peter Davies, Manager Executive Services Responsible Craig Niemann, Chief Executive Officer Officer

Summary/Purpose

The purpose of this report is to provide the record of any assembly of Councillors, which has been held since the last Council Meeting, so that it can be recorded in the Minutes of the formal Council Meeting.

Policy Context

Council demonstrates good governance and leadership.


The Local Government Act provides a definition of an assembly of Councillors where conflicts of interest must be disclosed. A meeting will be an assembly of Councillors if it considers matters that are likely to be the subject of a Council decision, or, the exercise of a Council delegation and the meeting is: 1. 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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Report

Meeting Information

Meeting Name/Type

Councillors' Forum

Meeting Date 17 September 2014

Matters discussed 1. Update on Bendigo Hospital Development 2. Presentation on Bendigo Botanic Gardens: Garden for the Future Project 3. Malone Park 4. Public question time 5. Patron of the Historical Society 6. Letter to the Editor 7. Waste and Resource Management Strategy 8. Psychiatric Centre 9. Business cases for capital works 10. List of legislative obligations and non-legislative activities of Council 11. Visit to the Kangaroo Flat Leisure Centre 12. Community meeting about the Kangaroo Flat Leisure Centre 13. Condition of Quarry Hill Cemetery 14. Strathfieldsaye noticeboard 15. Tennis Association 16. Presentation by Bendigo FoodShare 17. Waste contract 18. Mitchell Street 19. Green waste 20. Insurance of small rural halls 21. Communications Plan for infrastructure challenges 22. Traffic Study - Strathfieldsaye 23. City of Greater Bendigo Human Rights Charter 24. Consultation about workloads

Attendees/Apologies

Councillors Cr Lisa Ruffell Cr Rod Campbell Cr Peter Cox Cr Elise Chapman Cr Helen Leach Cr Mark Weragoda Apologies: Cr Barry Lyons Cr Rod Fyffe Cr James Williams

Staff/ Community Representatives

Mr Stan Liacos Mr Darren Fuzzard Ms Pauline Gordon Mr Peter Davies Mrs Alison Campbell Apologies:


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Mr Craig Niemann Ms Marg Allan Ms Prue Mansfield Mr Ross Douglas

Conflict of Interest disclosures

Matter No.

Councillor/officer making disclosure Councillor/officer left meeting

Nil

Meeting Information

Meeting Name/Type

Heritage Advisory Committee


Matters discussed 1. Site visit to Bendigo Regional Archives Centre 2. Annual Review of Terms of Reference 3. Demolition presentation for Real Estate Institute of Victoria 4. Planning update - demolitions 5. Heritage Restoration Loan Scheme 6. Strategy update - Vahland Centenary 2015

Attendees/Apologies

Councillors Cr Peter Cox Cr Mark Weragoda


Ms Emma Bryant Mr Trevor Budge Ms Megan McDougall Dr Dannielle Orr/ Ms Helen Ashby Ms Elaine Doling Ms Kay MacGregor Dr Di Smith Mr Rod Spitty Mr Calum Walker Mr Darren Wright Apologies: Mr David Bannear Mr Laurie Brown Mr Peter Ellis Mr Jordan Grenfell Mr David Mulqueen


Matter No.


Nil


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Meeting Information

Meeting Name/Type

Councillors' Forum


Matters discussed 1. Dower Park Master Plan 2. Planning reports and draft Ordinary Agenda review 3. Regional Climate Adaptation Project 4. Bendigo Trust 5. Meeting with Chair of the Audit Committee 6. Smoking 7. Garden for the Future Project (Botanic Gardens) 8. Infrastructure backlog 9. Bats in Rosalind Park 10. Rosalind Park Reference Committee 11. Planning permits issued and received 12. Maubisse Friendship Committee 13. Unity Mining 14. FoodShare 15. Council land at Rowes Lane 16. High Street, Marong 17. Men's Shed and Community House 18. Disability ramp - Marong Pre-School 19. Rosalind Park Master Plan 20. Cultural practices 21. Planning permit 22. Angel's Park 23. Land for sale in Marong 24. ITLUS project update 25. Response to petition on Kangaroo Flat Leisure Centre 26. Notice of Motion: Calder Highway 27. Confidential Section 89 Reports 28. Gas for the Regions 29. Analysis of planning permit decisions

Attendees/Apologies

Councillors Cr Barry Lyons Cr Rod Campbell Cr Peter Cox Cr Elise Chapman Cr Rod Fyffe Cr Helen Leach Cr Lisa Ruffell Cr James Williams Cr Mark Weragoda


Mr Craig Niemann Ms Marg Allan Mr Stan Liacos Mr Ross Douglas Mr Darren Fuzzard Mr Peter Davies Mrs Alison Campbell


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Apologies: Ms Pauline Gordon Ms Prue Mansfield


Matter No.


2. Cr Mark Weragoda Yes

RECOMMENDATION

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


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7.3 2013/14 ANNUAL REPORT - GOLDFIELDS LIBRARY CORPORATION


Author Chris Kelly, Chief Executive Officer, Goldfields Library Corporation Travis Harling, Manager Finance Responsible Marg Allan, Director Organisation Support Director

Summary/Purpose

To provide Council and the community with an overview of the library service delivered by the Goldfields Library Corporation for the year ended 30 June 2014.

Policy Context



Theme: 1 Leadership and good governance

Strategic Objective: 1.1 Council demonstrates leadership in its decisions and uses good governance principles to guide decision-making.

Independent Review:

Recommendation18 – Annual reporting of City of Greater Bendigo entities.


The Goldfields Library Corporation delivers library services for 4 member Councils; the City of Greater Bendigo, Loddon Shire, Macedon Ranges Shire and Mount Alexander Shire through 10 sites and the mobile library. Library services for the City of Greater Bendigo are delivered through static service point at Bendigo, Eaglehawk, Heathcote, Kangaroo Flat and mobile library sites at Axedale, Goornong and Raywood. The online library is available 24/7 and provides access to electronic resources, the library catalogue and the programs calendar.


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Report

Bendigo Library

The Bendigo Library expansion and redevelopment provides the community with wonderful, bright expansive spaces, and a choice of spaces for work, study, relaxation and socialising. New spaces have enabled an expansion of programs to support learning, lifestyle and leisure, and programs are being delivered in the performance area, at communal tables and the activity and meeting rooms.

Attendance at story-times, an important early year’s literacy programs, has grown by more than 50% and this has been made possible by the new performance space.

New crafting groups are enjoying the atmosphere of the library and utilising communal tables for regularly crafting sessions.

A schedule of workplace training programs is being delivered in the new meeting rooms.

The monthly Young Performers Showcase provides an opportunity for young people to develop performance and production skills.

Organisations and groups recognise the value of staging their events and activities at the library and there is an increase in the number of programs being delivered through partnerships. The redeveloped Bendigo Library won the Regional Prize at the Australian Institute of Architecture Awards and was commended in the Public Architecture – Alterations and Additions section. The library also won the Best Project Management ($3M to $10M) category at the Institute of Building Awards. The community has embraced the library with 4,254 new memberships and 3,112 people re-activating their membership from 28 January to 30 June 2014. This equates to 75% of the new members over the 12 month period. On average, more than 1,600 people visit daily and, anecdotally, the average length of the visit has significantly increased with the choice of spaces and seating options. The Bendigo library was closed for 5 weeks with the move from the temporary location into the redeveloped building, and this closure has impacted on the total usage levels for the 2013/14 year. Eaglehawk Library

The usage of the Eaglehawk Library has increased with the expansion of opening hours, building improvements and an increase in the size of the collection. Overall, loans at Eaglehawk have increased by 26% and visits by 75%. Online library

The community utilisation of the online library continues to grow with the expansion of the electronic resources collection and improvements to the website. The utilisation of e-collections has increased by 45%.


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Bendigo Regional Archive Centre (BRAC)

With the move back to the Bendigo Library, opening hours for the BRAC have increased and curated display cabinets showcase the collection. Visitors and researchers have access to original historic records with staff assistance, and volunteers continue to transcribe historic records. The new BRAC website has increased usage by 40 visits a month to 300. Promotions

Promotion of library services and programs has been improved with the introduction of contemporary branding and the introduction of a seasonal guide to programs across the region.

Financial Performance for the year ended 30 June 2014

Financial summary

The Operating result shows an operating deficit for the past two financial years. While this would normally be concerning, this was in fact expected by the Corporation and budgets were set accordingly. The Operating result has been heavily impacted by the accounting treatment of the Corporation’s contribution to the Bendigo Library redevelopment being undertaken by the City of Greater Bendigo, the Defined Benefits Superannuation liability, and the implementation of the Radio Frequency Identification (RFID) System. The Corporation has been accumulating positive financial results over previous years to enable it to handle the impact of these operating deficit years. The Corporation remains in a positive financial position and the continual work undertaken by its Finance Committee and Board in relation to long term financial planning, holds the Corporation in a strong position to continue trading into the future. Resources - Goldfields Library Corporation

The Goldfields Library Corporation is responsible for funding service delivery and the running cost of the mobile library.


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2011/12 2012/13 2013/14 $ $ $ Expenditure

Employee Benefits (e.g. wages) 3,929,584 3,011,038 3,673,783 Plant & Equipment Costs 262,254 295,760 296,018 Depreciation 1,012,137 1,030,409 1,059,809 Administration & Operating Charges 337,702 805,019 1,016,082 Other Expenses 254,173 220,497 223,896 Total Expenses 5,795,850 5,362,723 6,269,588 Income

Member Contributions 3,512,672 3,697,986 3,934,838 Grants 1,135,831 1,204,769 1,247,742 User Fees, Charges and Fines 281,461 248,937 310,060 Interest 281,461 141,233 87,926 Other Income 17,563 11,837 400,237 Total Income 5,146,101 5,304,762 5,980,803 Operating Result Surplus / (Deficit) (649,749) (54,938) (306,245)

Staff

2011/12 2012/13 2013/14 Full-time 21 21 24 Part-time 62 61 60 FTE 49 47 47

Resources - City of Greater Bendigo

The City of Greater Bendigo expenses include annual financial contributions plus operating expenditure for the Bendigo, Kangaroo Flat and Eaglehawk libraries. 2011/12 2012/13 2013/14 $ $ $ Expenditure

Library Contribution 2,105,902 2,228,435 2,366,118 Share of Library Net Deficit 417,745 44,057 198,058 Utilities 89,932 24,738 89,358 Depreciation 106,089 104,094 104,267 Cleaning 46,102 44,334 68,636 Building Maintenance 43,996 15,016 10,191 Security 3,494 2,304 2.928 Other Expenses 1,714 1,809 2,179 Sub Total 2,814,974 2,464,787 2,841,735 Income Rent-Headquarters 26,534 26,534 27,118


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Finance/Payroll Services 63,440 65,978 68,617 Other Income 28,594 686 330 Sub Total 118,568 93,198 96,065

Net Cost to CoGB 2,696,406 2,371,589 2,745,670 Net Cash Contribution by CoGB 2,172,572 2,223,438 2,443,345

0

20,000

40,000

60,000

80,000

100,000

120,000

140,000

160,000

Bendigo & RHQ Heathcote Kangaroo Flat Mobile/Eaglehawk

Co

llecto

n S

ize

Branches

Collection Size by Library branch 2008 - 2014

2008-09

2009-10

2010-11

2011-12

2012-13

2013-14


PAGE 169

Note: In 2011/12 memberships that had not been utilised for 3 years were deleted.

126,259

7,365

26,392

8224 12674

Collection size by Library branch 2014

Bendigo & RHQ Heathcote Kangaroo Flat Eaglehawk Mobile

0

5,000

10,000

15,000

20,000

25,000

30,000

35,000

40,000

45,000

50,000


No

. o

f M

em

be

rs

Branches

No of Members per Library branch 2008 - 2014

2008-09

2009-10

2010-11

2011-12

2012-13

2013-14


PAGE 170

Note: 2013/14 attendance at Bendigo Library was impacted by 6 months in temporary premises, and 5 weeks closure while relocation occurred.

27,892

862

4,943

230 847

No of Members per Library branch 2013/14


0

100,000

200,000

300,000

400,000

500,000

600,000


No

. o

f V

isit

s

Branches

Number of visits per Library branch 2008 - 2014

2008-09 2009-10 2010-11 2011-12 2012-13 2013-14


PAGE 171

Note: 2013/14 loans from Bendigo Library were impacted by 6 months in temporary premises, and 5 weeks closure while relocation occurred

278,680

21,675

92,329

12545 2053

Number of visits per Library branch 2013/14


0

100,000

200,000

300,000

400,000

500,000

600,000

700,000


No

. o

f L

oa

ns

Branches

Number of loans per Library branch 2008 - 2014

2008-09

2009-10

2010-11

2011-12

2012-13

2013-14


PAGE 172

Future Look

The Corporation has commenced its strategic planning process. The 2015-2018 Library Plan will set the direction for library infrastructure, services and programs and ensure alignment with social trends, community demographics and respond to community needs and aspirations. Library best practice nationally and internationally will be utilised to map the pathway for the Goldfields Library Corporation to building on the achievements of the Corporation and strengthening collaboration and partnerships. The key library deliverables are to provide access to:

Buildings and spaces that support learning, creativity and leisure.

Collections in a range of formats including electronic.

Innovative and accessible technology.

Programs, events and activities that support learning, creativity and leisure that are delivered in the community, in the libraries and online.

Skilled staff who maximise community access to information, collections and services.

RECOMMENDATION

That the Greater Bendigo City Council acknowledge the performance of the Goldfields Library Corporation for the year ended 30 June 2014.

401,685

20,311

198,107

22474 5292

Number of loans per Library branch 2013/14



PAGE 173

8. URGENT BUSINESS

Nil.


PAGE 174

9. NOTICES OF MOTION

9.1 NOTICE OF MOTION: PROPOSED GREATER BENDIGO INDOOR AQUATIC LEISURE AND WELLBEING CENTRE

CR ELISE CHAPMAN

That a report be prepared for Council on the potential use of the former Coliban Water site in Alder Street, Golden Square for the Greater Bendigo Indoor Aquatic Leisure and Wellbeing Centre.

Officer(s) comment (Stan Liacos, Director City Futures and Prue Mansfield, Director Planning and Development:

We have met with senior representatives of Coliban Water regarding their intended sale of the Alder Street site in Golden Square. Various parts of our organisation have been in dialogue with Coliban Water for several years now assisting and advising Coliban Water regarding options and the desirability of Coliban Water remediating the Alder Street site and preparing it for sale and redevelopment. Facts about the Alder Street site are as follows:

It is the former location of Coliban Water’s main office and associated depot operations prior to the organisation having moved to its modern facilities on Bridge Street Bendigo in 2000;

The site was recently officially deemed surplus to Coliban Water’s operational requirements and will be offered for sale over the next few months;

The site compromises four titles across approximately 7.4 hectares;

The site is zoned "Residential" and is subject to an Environmental Audit Overlay;

The site is known to still have a degree of soil contamination;

Coliban Water have undertaken significant soil remediation works in recent years but some further works are still likely to be necessary by any future owner of the site - the degree of which ultimately depends on the exact nature of the final land use(s) determined for the site;

The City of Greater Bendigo has been offered the opportunity to purchase the site prior to it being offered for sale via an otherwise typical open market process;

The sale process for government authority sites such this one are typically determined by the Victorian Government's Land Monitor Guidelines and sale prices are ultimately influenced by a reserve price set by the Victorian Valuer General;


PAGE 175

The Valuer General’s price range for the site is not known but our analysis would suggest that an indicative fair and reasonable price range is between $3million to $4million.

It is recommended that Council not spend considerable time and energy considering the potential purchase of the property for the purposes of an Aquatic Centre for many reasons, including:

The property is not in a desirable location for the purposes of an Aquatic Centre and major community focus for a variety of reasons including its distance from High Street, its lack of prominent visual exposure in the community, its lack of pedestrian and cycle path connectivity, and its distance from schools etc. The Browning Street Reserve site is an infinitely much better site for the development of an Aquatic Centre and community hub as was comprehensively outlined in Council's Municipal Aquatic Strategy;

The purchase of the property would be a very expensive proposition for Council and would significantly add to the cost of the proposed Aquatic Centre through the addition of the land’s purchase price, the cost of site remediation costs, and also the costs associated with the inevitable need to redesign the Centre and repeat long and expensive planning permit processes and government advocacy;

The property has long been identified and encouraged as a very good large scale in-fill residential development site for Bendigo. Council resolved to support this strategic direction when it supported the rezoning of the land to residential. This has been conveyed to Coliban Water, developers and the community around the site for many years;

Council is not by its very nature an experienced skilled residential developer and arguably should not seek to become one in competition with the otherwise competitive well-operating private development market that exists in Bendigo and region;

It is understood from Coliban Water that there is already strong interest in the site from property agents and developers;

The site is known to still have a degree of soil contamination, although it is understood that the nature of this contamination is readily able to be remedied by experienced private developers and their skilled contractors once the exact nature of land use(s) proposed for the site are known and agreed.


PAGE 176

10. COUNCILLORS' REPORTS

11. MAYOR'S REPORT

12. CHIEF EXECUTIVE OFFICER'S REPORT

13. CONFIDENTIAL (SECTION 89) REPORTS

13.1 Personnel matters

13.2 Personnel matters

RECOMMENDATION That the meeting be closed to the public to consider reports in accordance with Section 89(2)(a) of the Local Government Act, as amended, relating to personal matters.