Council Agenda 20 September 2017

AGENDA
Ordinary Meeting of Council
6.00pm Wednesday 20 September 2017
*** Broadcast live on Phoenix FM 106.7 ***
VENUE:
Reception Room,
Bendigo Town Hall,
Hargreaves Street, Bendigo
NEXT MEETING:
Wednesday 18 October 2017
Bendigo Town Hall
Copies of the City of Greater Bendigo Councils Agendas & Minutes

can be obtained online at www.bendigo.vic.gov.au
PAGE 1
This Council Meeting is conducted in accordance with Local Law No. 8. It is an offence for any
person to engage in improper or disorderly conduct at the meeting.
Council Vision
Greater Bendigo - creating the wold's most liveable community.
Council Values
Six values inform everything we as Council do in working together to be the best we can
for all of our community.
Seeking to achieve the best value for our use of the communitys public funds and
resources, by:
We Lead;
We Learn;
We Contribute;
We Care;
We Respond;
We Respect.
Goals
Presentation and Managing Growth

Wellbeing and Fairness
Strengthening the Economy
Environmental Sustainability
Embracing our Culture and Heritage
Lead and Govern for All
PAGE 2
ORDINARY MEETING
WEDNESDAY 20 SEPTEMBER 2017
ORDER OF BUSINESS:
ITEM PRECIS PAGE
ACKNOWLEDGEMENT OF COUNTRY 6
PRAYER 6
PRESENT 6
APOLOGIES 6
SUSPENSION OF STANDING ORDERS 6
PUBLIC QUESTION TIME 6
RESUMPTION OF STANDING ORDERS 7
CR WRIGGLESWORTH'S REPORT 7
DECLARATIONS OF CONFLICT OF INTEREST 8
CONFIRMATION OF MINUTES 9
1. PETITIONS AND JOINT LETTERS 10
1.1 Response to Petition: Request for Maintenance Works at 10

Kamarooka Hall
1.2 Petition: Parking "Girton College and Sacred Heart 13

Cathedral Precincts"
2. PRESENTATION AND MANAGING GROWTH 14
2.1 Planning Scheme Amendment C233 - Advertising Sign 14

Controls at the Kangaroo Flat Aquatic and Leisure Centre,
the Bendigo Stadium and the Bendigo Tennis Centre -
Adopt the Amendment
2.2 553 and 555 Napier Street, White Hills - Use and 23
Development of Land for a Restricted Place of Assembly,
Use and Installation of 44 Gaming Machines, Change of
Liquor Licence and Area, Alteration of Access to a Road
and Reduction in Car Parking
2.3 79 Wattle Street, Bendigo - Two Lot Subdivision and 46

Construction of a Three Storey Dwelling
2.4 1469 Calder Highway, Marong - Approval of a 69

Development Plan for the Use and Development of Land
PAGE 3
For a Utility Installation; Two Lot Subdivision; Removal of
Native Vegetation from the Road Reserve and Creation of
Access to Road Zone Category 1
2.5 176 Midland Hwy, 16-20, 22-24 & 26-28 Howard St, Epsom 83
- Use of Land for Shops (Ex. 2000 Sq.M), A Gym, A Car
Wash, Construction of Buildings, Advertising Signage,
Alterations of Access to Road Zone, Category 1 and A
Reduction in Car Parking Requirements
2.6 359 Bendigo-Tennyson Road, Huntly North (Lot1, 105

PS523831N; CA 1 Sec 10 & CA 6c Sec 8, Parish of
Bagshot) - Development of 3 Sheds Associated with
Existing Piggery and Associated Works
2.7 110-120 Midland Highway, Epsom - Use and Develop Land 117
for Trade Supplies, Associated Earthworks, Car Park and
Signage, Waiver of Bicycle Parking Requirements
(Amendment ff Conditions 5b And 19)
2.8 3 O'Brien Street, Quarry Hill - 5 Lot Subdivision with 123

Common Property and Construction of 5 Dwellings (Two
Storey)
3. WELLBEING AND FAIRNESS 135
3.1 Spring Gully Mountain Bike Trail Network Master Plan 135
3.2 Bendigo Maubisse Friendship Committee Member 144

Appointments
4. STRENGTHENING THE ECONOMY 149
4.1 Arts And Creative Industries Strategy 149
5. ENVIRONMENTAL SUSTAINABILITY 154
6. EMBRACING OUR CULTURE AND HERITAGE 155
6.1 Greater Bendigo Heritage Advisory Committee Terms of 155

Reference
7. LEAD AND GOVERN FOR ALL 166
7.1 Financial and Performance Statements 166
7.2 Asset Management Policy Review 170
7.3 Record of Assemblies 180
7.4 Contracts Awarded Under Delegation 188
8. URGENT BUSINESS 190
9. NOTICES OF MOTION 190
10. COUNCILLORS' REPORTS 190
PAGE 4
11. MAYOR'S REPORT 190
12. CHIEF EXECUTIVE OFFICER'S REPORT 190
13. CONFIDENTIAL (SECTION 89) REPORTS 190
13.1 Confidential Report in accordance with Section 89(2)(e) of 190

the Local Government Act relating to a proposed
development
____________________________
CRAIG NIEMANN
CHIEF EXECUTIVE OFFICER
PAGE 5
Ordinary Meeting - 20 September 2017
ACKNOWLEDGEMENT OF COUNTRY
PRAYER
PRESENT
APOLOGIES
SUSPENSION OF STANDING ORDERS
That Standing Orders be suspended to allow the conduct of Public Question Time.
PUBLIC QUESTION TIME
Public Question Time Purpose

Council has provided the opportunity for members of the public to ask questions of broad
interest to Council and the community. Matters relating to routine Council works should
be taken up with Councils Customer Service Officers through its Customer Request
System.
By the time planning matters have reached the council agenda, they have been through
an extensive process as required by the Planning and Environment Act. In addition, in
most instances mediation has been held between the parties involved. Throughout the
process there are many opportunities for the people to ask questions. Therefore, no
questions relating to planning matters on the Agenda will be accepted.
Public Question Time Where, When And Who

The public question time is held at every Ordinary Meeting of Greater Bendigo City
Council. Meetings of Council commence at 6.00pm in the Reception Room, Bendigo
Town Hall, Hargreaves Street, Bendigo.
The public question time is held at the start of the meeting as close as practical to
6:00pm. A maximum of 30 minutes has been provided for registered and unregistered
questions.
Residents are encouraged to lodge questions in advance so that a more complete

response can be provided.
Questions will be put to the Council by the individual posing the question; the question
will be answered by the Mayor or CEO, or where appropriate, Councillors or Council
Officers.
PAGE 6
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. Councils Meeting Procedure Local Law does not allow for other
questions or comments during the remainder of the meeting.
1. An individual may only ask one question per meeting, a follow-up question may be
permitted at the discretion of the Mayor.
2. In the event that the same or similar question is raised by more than one person,
an answer may be given as a combined response.
3. In the event that time does not permit all questions registered to be answered,
questions will be answered in writing or referred to the next meeting if appropriate.
4. The Mayor and or CEO have the right to decline registration on basis of:
Legal proceedings;
More appropriately addressed by other means;
Vague or lacking in substance, irrelevant, frivolous, insulting offensive,
improper, defamatory or demeaning;
Answer likely to compromise his / her position;
Confidential, commercial-in-confidence.
5. Each individual whose registration form has been accepted or declined will be
advised by the Friday of the week prior to the scheduled meeting.
6. In the event of a registration form being declined the registration form will be
circulated to the Mayor or Councillors for information.
RESUMPTION OF STANDING ORDERS
That Standing Orders be resumed.
CR WRIGGLESWORTH'S REPORT
PAGE 7
DECLARATIONS OF CONFLICT OF INTEREST
Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 (as
amended) direct and indirect conflict of interest must be declared prior to debate
on specific items within the agenda; or in writing to the Chief Executive Officer
before the meeting. Declaration of indirect interests must also include the
classification of the interest (in circumstances where a Councillor has made a
Declaration in writing, the classification of the interest must still be declared at the
meeting), i.e.
(a) direct financial interest

(b) indirect interest by close association
(c) indirect interest that is an indirect financial interest
(d) indirect interest because of conflicting duties
(e) indirect interest because of receipt of an applicable gift
(f) indirect interest as a consequence of becoming an interested party
(g) indirect interest as a result of impact on residential amenity
(h) conflicting personal interest
A Councillor who has declared a conflict of interest, must leave the meeting and
remain outside the room while the matter is being considered, or any vote is taken.
Councillors are also encouraged to declare circumstances where there may be a

perceived conflict of interest.
PAGE 8
CONFIRMATION OF MINUTES
Minutes of the Ordinary Meeting of Wednesday 16 August 2017.
The following items were considered at the Ordinary Council meeting held on
Wednesday 16 August 2017 at 6:00pm.
Petition: Request for Maintenance Works at Kamarooka Hall

Petition: Goynes Road, Epsom
Planning Scheme Amendment C234 - 40 Harley Street, Strathdale (Nanga Gnulle),
Consider Authorisation Request for Heritage Overlay
Priorities for Planning Scheme Amendments - Progress Report for 2016-2017 and
Plan for 2017-2020
Submission to Victorian Environmental Assessment Council (VEAC) - Central West
Investigation (Wellsford State Forest)
2016/17 Annual Compliance Report - Road Management Plan Version 2.0
Review and Adoption of Road Management Plan
2017-2021 Draft Health and Wellbeing Plan
Naming of New Pool at Kangaroo Flat
Ironbark Gully Trail
Draft Youth Strategy 2017-2021
Trial Commercial Fitness Operator Policy
Urban Tree Management Policy
Procurement Policy
Record of Assemblies
Contracts Awarded Under Delegation
Section 89 Confidential Reports (x 2)
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 16 August
2017, as circulated, be taken as read and confirmed.
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PAGE 9
Petitions and Joint Letters Ordinary Meeting - 20 September 2017
1. PETITIONS AND JOINT LETTERS
1.1 RESPONSE TO PETITION: REQUEST FOR MAINTENANCE WORKS

AT KAMAROOKA HALL
Document Information
Author Andy Walker, Manager Property Services
Responsible Craig Lloyd, Director Presentation and Assets

Director
Purpose
The purpose of this report is to provide a response to Council in regards to a petition

from residents from Kamarooka and surrounding areas requesting maintenance works at
Kamarooka Hall.
Summary
Residents from Kamarooka and surrounding area have submitted a petition requesting
an update on the maintenance for Kamarooka Hall.
The works that the petition requests are for repairs to termite damaged sections of the
roof structure which were discovered during undertaking other works within the building.
The Property Services Unit is currently working through the process of obtaining quotes
for these works.
RECOMMENDATION
That Greater Bendigo City Council:
1. Notes that structural works to replace the termite damaged timbers within the roof
space to ensure the Kamarooka Hall is safe, will be carried out.
2. Notes that no access to the roof space should be made by anyone until these works
are completed.
3. Notes that the Property Services Unit will continue to communicate with the
Committee about the works, their extent and the associated timeframes.
4. Notify the submitter of the petition of Councils decision.
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PAGE 10
Policy Context
Community Plan Reference:
City of Greater Bendigo Community Plan 2017-2021:

Goal 4 Presentation and managing growth
Planning, developments and infrastructure that increase our
liveability and pride in where we live.
Objective 4.4 Keep Greater Bendigo attractive with good quality public facilities
and places.
Maintain and upgrade essential buildings and infrastructure in a
sustainable manner.
Objective 4.5 Provide and maintain urban and rural infrastructure to support the
liveability of our community.
Develop and adopt best-practice management principles.
Background Information
Previous Council Decision(s) Date(s):
The following petition was tabled at Councils Ordinary Meeting on 16 August 2017 from
residents of Kamarooka and surrounding areas requesting an update on the
maintenance for the Kamarooka Hall as outlined below;
"In 2015 the residents of Kamarooka & district, in conjunction with the City of
Greater Bendigo, developed a community plan. This plan identified the need to
maintain and improve current infrastructure as a means of better hosting community
social activities. ...
... received feedback from COGB indicating that roof repairs would be made in the
2017/2018 financial year budget but as to when has not been made clear.
Many members of the community fear that the delay in adequate repairs to our hall,
as well as the many years of neglect to the facility may be part of a future plan to
close it all together and would like to be formally informed of councils intentions if
this is the case. Therefore a speedy response would be greatly appreciated".
The petition contained 37 signatures.
Council resolved that the petition be received and a response be prepared within one
meeting.
PAGE 11
Report
During round two of the City's last Community grants program, Kamarooka received a
grant for an upgrade to the hall kitchen.
In May the old kitchen was removed and during that process structural roof issues were
discovered, which include:
severe white ant damage

missing collar ties
pieces of structure laying on the ceiling
in some areas, roofing material was not attached at all due to missing timber
At this time, the Property Services Unit declared the facility as un-safe and had it closed.
Since that time, a contractor was engaged to rectify the wall damage to enable the
kitchen work to be completed.
Structural works to replace the termite damaged timbers within the roof space to ensure
the building is safe will be carried out as soon as possible.
Currently, competitive quotes are being obtained and it is expected that a contractor will
be appointed within four weeks' time with the works to follow as a matter of urgency
thereafter.
Priority/Importance:
The required works to the roof structure are being organised as a high priority in order to
make the building safe for use.
Timelines:
Contractor to be appointed by the end of September 2017.
Works are expected to take approximately six weeks and to be completed by mid to late
November at the latest.
Resource Implications
These works are unbudgeted. The unforeseen works budget will be utilised to cover
these costs. At this time, the estimated cost of these works is $30,000.
Attachments
Nil.
PAGE 12
1.2 PETITION: PARKING "GIRTON COLLEGE AND SACRED HEART

CATHEDRAL PRECINCTS"
[Petitions and joint letters with ten (10) or more signatures are included in the agenda or
tabled at the meeting, unless there is a separate legal process for considering the
petition or joint letter, as there is for planning submissions or submissions following
public notices (Section 223 LGA)].
A petition has been received from residents in the vicinity of the Girton College and
Sacred Heart Cathedral precinct, as outlined below:
"We the undersigned residents and ratepayers of Greater Bendigo City Council,
draws to the attention of Council the deplorable situation regarding access to on
street parking for residents, occupants or visitors to addresses at numerous
locations within the City. This petition focuses on street parking within the 'Girton
College and Sacred Heart Cathedral precincts'.
The petitioners therefore request Council urgently address the availability of parking
for owners, occupants and visitors to properties within the described areas.
Accordingly petitioners respectfully requests Council as a matter of urgency take
action to remedy the situation and introduce as a minimum, 'Resident Permit
Parking' as used by many municipalities in Victoria. Council should also consider
timed parking to further address the issue".
Signatures - 98
RECOMMENDATION
That the petition be received and a response be prepared within two (2) meetings.
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PAGE 13
Presentation and Managing Growth - Reports Ordinary Meeting - 20 September 2017
2. PRESENTATION AND MANAGING GROWTH
2.1 PLANNING SCHEME AMENDMENT C233 - ADVERTISING SIGN

CONTROLS AT THE KANGAROO FLAT AQUATIC AND LEISURE
CENTRE, THE BENDIGO STADIUM AND THE BENDIGO TENNIS
CENTRE - ADOPT THE AMENDMENT
Author Frank Casimir - Statutory Planner
Responsible Bernie OSullivan, Director Strategy and Growth

Director
Summary/Purpose
Amendment details: This amendment changes the advertising sign controls for
three sports and recreation facilities: Kangaroo Flat Aquatic
and Leisure Centre, the Bendigo Stadium and Bendigo
Tennis Centre, so that appropriate signage can be
considered.
Proponent: City of Greater Bendigo
No. of submissions: 3 (2 supporting and 1 objecting)
Key issues: Facilitate the display of advertising signs at these
facilities consistent with the scale of their development.
Ensure that future advertising signs at these facilities are
orderly and match the quality of their development.
Will this amendment result in a proliferation of advertising
signage in Bendigo.
RECOMMENDATION
That the Greater Bendigo City Council resolve to adopt Greater Bendigo Planning
Scheme Amendment C233 without changes and forward the adopted Amendment to the
Minister for Planning for approval.
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Policy Context
City of Greater Bendigo Community Plan 2017 2021

Goal 2: Wellbeing and fairness
PAGE 14
Inclusive policies, partnerships and projects that increase access, improve health and
learning opportunities, by building better connections and quality of life for all.
Goal 4: Presentation and managing growth

Planning, developments and infrastructure that increase our liveability and pride in
where we live.
The key steps in the Amendment process are summarised below:
Background
The Aquatic Leisure Centre, the Bendigo Stadium and the Bendigo Tennis Centre
facilities are all located on public land which is zoned Public Park and Recreation Zone,
with the City being either the owner or Committee of Management.
PAGE 15
All three facilities have received planning permits for their development / redevelopment
with all three currently being constructed. However, none of the planning permits allow
for business identification signage and under the zone no more than 3 square metres of
signage is permitted on each site.
The City's Business Services Unit has requested that the Planning Scheme be changed
to allow more than 3 square metres of business identification signage to be able to be
displayed at these facilities. The Planning Scheme Amendment places these facilities in
a different category that allows unlimited signage under a permit.
Previous Council Decisions
19 April 2017 - Council resolved to:
Request the Minister for Planning to authorise Council to prepare and exhibit
Amendment C233 to the Greater Bendigo Planning Scheme and to;
Enter into an agreement with each of the facilities, that any proposed signage both
inside or outside the centres must have prior approval of the Superintendents
Representative.
Report
An Explanatory Report is attached and details the purpose and effect of the Amendment
and provides the strategic justification for the Amendment as required. Key issues
identified in the Explanatory Report are summarised below.
Land affected by the Amendment
The Amendment affects land at three sports and recreation facilities located at:
9 Browning Street, Kangaroo Flat,
134-186 Marong Road, West Bendigo and;
21A Nolan Street, Bendigo.
PAGE 16
9 Browning Street, Kangaroo Flat
Figure 1: 9 Browning Street, Kangaroo Flat
The land at 9 Browning Street, Kangaroo Flat is zoned Public Park and Recreation Zone
and is partly affected by the Environmental Significance Overlay Schedule 1 along its
east boundary. The land is currently being redeveloped for use as an aquatic leisure
centre and measures approximately 6.5 hectares.
The proposed redevelopment will be visible from High Street (located at about 150
metres to the east of the site), which is the main entrance to the City from the south. The
broader area beyond the immediate vicinity of the subject site consists predominantly of
dwellings.
PAGE 17
134-186 Marong Road, West Bendigo
Figure 2: 134-186 Marong Road, West Bendigo
The land at 134-186 Marong Road, West Bendigo is zoned Public Park and Recreation
Zone and is not affected by any overlay. The site is commonly known as the Bendigo
Stadium (formerly the Schweppes Centre). It is generally triangular in shape and is
located between Marong Road and Inglis Street. To the west of the site, the land is
predominantly zoned General Residential and developed with dwellings. The main
access to the site is from Inglis Street. The site has a total area of approximately 7.9
hectares.
PAGE 18
21A Nolan Street, Bendigo
Figure 3: 21A Nolan Street, Bendigo
The land at 21A Nolan Street, Bendigo is located on the south-western side of Nolan
Street at approximately 70 metres north-east of the intersection of Nolan and Napier
Streets. It is zoned Public Park and Recreation and partly affected by the Environmental
Significant Overlay Schedule 1 (Watercourse Protection). The site has a total area of 3
hectares and is developed as a tennis centre which is currently being re-developed to
upgrade its existing facilities.
What the Amendment does
The Amendment proposes to amend the schedule to Clause 36.02 (Public Park and
Recreation Zone) to include the land known as the Kangaroo Flat Aquatic and Leisure
Centre, the Bendigo Stadium and the Bendigo Tennis Centre in Category 2 (Office and
Industrial Low Limitation) at Clause 52.05 (Advertising Signs) instead of Category 4
(Sensitive Areas Maximum Limitation).
Consultation/Communication
Exhibition Procedures
The Amendment was exhibited for one month from 1 June to 3 July 2017. Notice was
provided in the following manner:
Individual notices to 194 owners and occupiers of neighbouring properties.
Notices to prescribed Ministers under Section 19(1)(c) of the Planning and
Environment Act 1987.
Notices to all authorities materially affected under Section 19(1)(a) of the Act.
Notices in the Bendigo Advertiser on 31 May 2017 and 3 June 2017.
Notice of the Amendment in the Government Gazette on 1 June 2017.
PAGE 19
Access on-line on the City of Greater Bendigo website at: www.bendigo.vic.gov.au

and on the Department of Environment, Land, Water and Planning website at:
www.delwp.vic.gov.au/publicinspection
Submissions
Three (3) submissions were received to the Amendment during the exhibition period.
They are listed in the table below.
Submitter 1: Department of Environment, Land, Water and Planning on behalf of

the Minister for Energy, Environment and Climate Change
Supports/objects Officer Response & Recommendation
Supports. Note the submission.
Recommendation
No change to the amendment.
Submitter 2: Country Fire Authority
Supports. Note the submission.
Recommendation
No change to the amendment.
Submitter 3: Jan and Bruce Pascoe 249A Napier Street Bendigo
Objected but since resolved and Recommendation
withdrawn. These two submitters live No change to the amendment.
next to the Bendigo Tennis Centre.
The Amendment will cause an The amendment applies only to three

increase of advertising signs in sports and recreation facilities in
several locations in Bendigo. Bendigo. It does not change the
existing planning controls for signage
in any other locations in Bendigo.
3 square metres is adequate to The objector erroneously thought that
identify a place or business. currently, only 3 square metres of
signage is allowed per site in the
municipality of Bendigo.
Discussion
The submitters opposing the Amendment were originally concerned that this amendment
would have serious implications on the existing character of Bendigo as a regional city.
They also assumed that there would be a proliferation of signage throughout the
municipality.
PAGE 20
As stated before, the Amendment affects only three locations in the municipality.
Business identification signs measuring more than three square metres are already
allowed to be displayed at other locations in the municipality with planning permission
where required. Therefore, the display of additional signage at these three locations will
have minimal impact on the amount and quality of existing signage displayed in the
municipality.
The display of signage at these three locations will be subject to the provisions of the
Planning Scheme and there is therefore a reasonable expectation that it will be done in
an orderly manner. Also, the preliminary plans of the proposed signs indicate that they
would mainly consist of the display of the names of the facilities and on-site way-finding
signs to direct patrons.
Conclusion
The display of more than 3 square metres of business identification signs at each of the
facilities, subject to a planning permit, is considered appropriate because of the scale of
their development. Sign contents and design will also be subject to approval by the
facilities superintendents representatives. Only one objection was received to the
Amendment and this has now been resolved.
It is recommended that Council adopt the Amendment in its current form and forward the
adopted amendment to the Minister for Planning to approve. This will complete the
amendment process.
Options
Section 29(1) & (2) of the Planning and Environment Act 1987 states that a planning
authority may adopt an Amendment or part of an Amendment with or without changes. If
a planning authority adopts part of an Amendment the Amendment is then split into two
parts.
Section 23(1) of the Planning and Environment Act 1987 requires that in consideration of
submissions received in relation to an Amendment, the Council must either:
Change the Amendment in the manner requested by the submitters and adopt the
Amendment with changes; or
Refer the submission(s) to an Independent Panel appointed by the Minister; or
Abandon the Amendment, or part of the Amendment.
As the submitters opposing this amendment have withdrawn their submission, it is

recommended that Council adopt the amendment without changes and forward it to the
Minister for Planning for approval.
PAGE 21
Officer time will be required to prepare the Amendment documentation for adoption and
liaise with the Minister for Planning. The City will also be required to pay the statutory
fee of $231.10 for the Minister for Planning to approve the Amendment.
In terms of permit activity, it is not expected that there will be any significant change and
as a result, this Amendment will have minimal impact on the future operational resources
of the City.
Attachments
Copy of submissions (3)

Explanatory report
Schedule to the Public Park and Recreation Zone
PAGE 22
2.2 553 AND 555 NAPIER STREET, WHITE HILLS 3550 - USE AND
DEVELOPMENT OF LAND FOR A RESTRICTED PLACE OF
ASSEMBLY, USE AND INSTALLATION OF 44 GAMING MACHINES,
CHANGE OF LIQUOR LICENCE AND AREA, ALTERATION OF
ACCESS TO A ROAD AND REDUCTION IN CAR PARKING
Author Shannon Rosewarne, Senior Planner

Director
Summary/Purpose
Application details: Use and development of land for a restricted place of

assembly, use and installation of 44 gaming machines, change
of liquor licence from a general licence to a full club licence
and change to licensed area, alteration of access to a road in a
Road Zone Category 1 and reduction in car parking.
Application No: DU/166/2017
Applicant: Bendigo Stadium Ltd
Land: 553 and 555 Napier Street, WHITE HILLS 3550
Zoning: General Residential Zone
Road Zone 1
Overlays: Nil
No. of objections: 17
Consultation 30 May 2017
meeting:
Key considerations: VCGLR decision on the gaming license for the premises;
Gaming Policy and net community benefit;
Socio-economic impacts of gaming;
Change of use from hotel to restricted place of assembly;
Car parking and traffic impacts;
Amenity impacts; and
Heritage significance of the site
Conclusion: The application is recommended for refusal on the basis that it
represents an unacceptable outcome as it fails to deliver a net
community benefit and will increase social disadvantage. It is
recommended that a Refusal to Grant a Permit be issued.
PAGE 23
RECOMMENDATION
Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo
City Council resolve to Refuse to Grant a Permit for use and development of land for a
restricted place of assembly, use and installation of 44 gaming machines, change of
liquor licence from a general licence to a full club licence and change to licensed area,
alteration of access to a road in a Road Zone Category 1 and reduction in car parking at
553 and 555 Napier Street, White Hills 3550 on the following grounds:
1. The proposal fails to deliver a net community benefit and the social and economic
disbenefits of the proposal do not weigh in the favour of the grant of a permit.
2. The installation of gaming machines in the premises will increase social disadvantage
in the community.
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Policy Context

where we live.
Goal 6: Embracing our culture and heritage
Recognise and celebrate our unique history and diverse cultures.
Two approvals are required before an electronic gaming machine (EGM) can be installed
and used:
1. The Gambling Regulation Act 2003 states that EGMs are subject to a license
application via the Victorian Commission for Gambling and Liquor Regulation
(VCGLR) this is a State Government administered process. The VCGLR
considers the economic and social impact of the application on the wellbeing of
the community of the municipal district in which the premises is located and can
also take into account the impact on surrounding municipal districts. The task of
the VCGLR is to determine if the impact of the EGMs is neutral or positive i.e. the
granting of a license cannot result in net social and economic detriment.
Bendigo Stadium Ltd has made an application for a licence to allow 44 EGMs at
The Wellington at Botanical Gardens Hotel with the VCGLR.
At its meeting of 21 June 2017, Council resolved to endorse a submission

prepared by the City and lodged with the VCGLR, which stated that the overall
social and economic impact of the proposed application for a new gaming
premises and installation of 44 EGMs at the Wellington would be detrimental and
therefore it does not support the licence application by the Bendigo Stadium.
PAGE 24
The VCGLR held a hearing on 4 July to consider the application and submissions.
On 18 July, the VCGLR determined to refuse the application on the basis that it
did not satisfy the no net detriment test. The Commission concluded that there is
likely to be a small net social and economic impact to the wellbeing of the
community.
2. The Planning and Environment Act 1987 via the Planning Scheme states that a
permit is required to install and use an EGM. This is a local government
administered process and decision. The planning consideration takes into account
the usual suite of planning issues which include building design, traffic,
parking, hours of operation, amenity and whether a proposal represents a net
community benefit overall.
Both the decisions of the Commission and/or Council are able to be reviewed at
VCAT.
This report relates to determination of the Planning Application.
Report
Subject Site and Surrounds
The site is located on the corner of Napier Street and Napoleon Crescent in White Hills.
The site comprises three titles and is known as 553-555 Napier Street. It is developed
with a single storey hotel, known as The Wellington at Botanical Gardens Hotel, with an
associated gravel car park, and a single storey weatherboard dwelling. The current hotel
building dates to 1930 according to Council records, and has been modified and
extended over time. The site has been occupied by a hotel since the 1880s. The
dwelling on the site was constructed in the 1950s.
The current facility consists of a bar, lounge area, dining area with childrens play room,
an outdoor area, bottleshop with a drive-thru and associated kitchen, amenities and
storage area. The gravel car park is accessed via Napoleon Crescent.
The site abuts two residential lots to the south west and west, zoned General Residential
Zone. Each of the lots contains a single storey weatherboard dwelling. The surrounding
area to the south is largely residential, with the White Hills Botanic Gardens located to
the west and north of Napoleon Crescent. Holy Rosary Primary School is located
opposite the site on the eastern side of Napier Street, and a shop is located on the north
eastern corner of Napoleon Crescent and Napier Street.
Napier Street is zoned Road Zone 1 and is managed by VicRoads. There is a single lane
of traffic in each direction, plus bicycle lanes on both sides of the road.
PAGE 25
Figure 1: Aerial photograph of subject site
Figure 2: Location map showing subject site. Objectors properties within proximity to the site are marked
with a star.
Proposal
The proposal involves the use and development of land for a restricted place of
assembly, use and installation of 44 gaming machines, a change to the liquor license
from a general license to a full club license and a change to the licensed area, reduction
in car parking and alteration of access to a road in a Category 1 Road Zone.
Proposed Use
The proposal involves a change of use from hotel to restricted place of assembly, which
is defined as: land used by members of a club or group, or by members guests, for
religious or cultural activities, entertainment, or meetings. It may include food and drink
for consumption on the premises, and gaming.
PAGE 26
The total number of patrons sought to be accommodated at the venue is 300. The
maximum number of patrons in each part of the venue would be as follows:
Sports Bar: 80 persons
Bistro Dining Area: 160 persons
Gaming Room: 60 persons
The proposed hours of operation are as follows:

Saturday: 7am 1am the following morning, except for Good Friday morning
Sunday: 10am 11pm
On any other day: 7am 1am the following morning, except Good Friday morning
Good Friday and Anzac Day: 12 noon 11pm
The gaming room will not open before 9.30am on any school day.
Buildings and works
The proposal involves an extension to the building to create new entrances to the bistro,
alfresco areas, a childrens play room, an extension to the existing bistro and
construction of a car park. The proposal will involve demolition of the existing dwelling
and drive-thru bottle shop on the site. The proposal will result in a total floor area of
1,271.1 square metres.
Installation and Use of Electronic Gaming Machines (EGMs)
The proposal includes the installation and use of 44 new electronic gaming machines.
Change to liquor license
The proposal seeks approval to change the existing license to a full club license, and to
allow for an increase to the licensed area, and a reduction in the number of patrons from
308 to 300.
Reduction in parking
The application seeks approval for a reduction of 51 car spaces.
Alteration to access
The proposal involves the modification of an existing access off Napier Street which
currently services the existing dwelling on the land, such that this access will be a left
turn, exit only onto Napier Street, which is classified as a Road Zone Category 1 under
the Planning Scheme.
PAGE 27
Figure 3: Proposed site layout plan
Figure 4: Proposed floor plan
PAGE 28
Figure 5: Proposed elevation plans
Planning Controls Greater Bendigo Planning Scheme
The following clauses are relevant in the consideration of this proposal:
State Planning Policy Framework

Clause 11 Settlement
Clause 11.07 Regional Victoria
Clause 11.14 Loddon Mallee South
Clause 13.04-1 Noise abatement
Clause 15 Built environment and heritage
Clause 17 Economic Development
Clause 17.01 Business
Clause 18.02-5 Car parking
Municipal Strategic Statement

Clause 21.02 Key issues and influences
Clause 21.04 Strategic directions
Clause 21.07 Economic development
Clause 21.08 Environment
Local Planning Policies

Clause 22.27 Licensed Premises Policy
Clause 22.28 Gaming Policy
PAGE 29
Other Provisions
Clause 52.06 Car parking
Clause 52.07 Loading and unloading
Clause 52.27 Licensed Premises
Clause 52.28 Gaming
Clause 52.34 Bicycle parking
Clause 65 Decision guidelines
A planning permit is required to use land for a restricted place of assembly within the
General Residential Zone under Clause 32.08-2 of the Planning Scheme. A restricted
place of assembly is defined as Land used by members of a club or group, or by
members guests, for religious or cultural activities, entertainment, or meetings. It may
include food and drink for consumption on the premises, and gaming.
A planning permit is required for buildings and works associated with a Section 2
permit required use in the General Residential Zone under Clause 32.08-8.
A reduction of car parking requires a permit under Clause 52.06-3 of the Car Parking
provisions. A permit is required to use and install electronic gaming machines under
Clause 52.28 (Gaming). A liquor license requires a planning permit under Clause 52.27
(Licensed Premises). Alterations to an access on a road in a Road Zone 1 require a
permit under Clause 52.29 of the Planning Scheme.
Referrals
The following authorities and internal departments have been consulted on the proposal:
Referral Comment
VicRoads No objection, subject to conditions requiring that waste
collection to be undertaken either on the site or within
Napoleon Crescent, and that the developer construct a
pedestrian fence adjacent to the site on Napier St
behind the kerb, up to Napoleon Crescent.
Traffic & Design No objection subject to conditions
Drainage No objection subject to standard conditions.
Environmental Health No objection, recommended permit notes be included
regarding requirements under the Food Act 1984,
requirements of Coliban Water regarding grease traps,
and requirements under the Tobacco Act 1987.
Health and Wellbeing Opposing submission to the application for a gaming
licence (VCGLR process).
PAGE 30
Public Notification
The application was advertised by way of notice on the site and letters to adjoining and
nearby owners and occupiers.
As a result of advertising, 17 objections were received, with the grounds of objection

being:
Car parking
Concerns about overflow parking occurring in the surrounding streets, in particular
Napoleon Crescent, Hamelin Street, Napier Street.
The proposal will cause increased congestion outside residences in Napoleon
Crescent.
Napoleon Crescent is narrow and there is barely enough room for two cars.
Increased parking will make it difficult and dangerous for residents to access their
driveways.
A large number of vehicles are likely to park in Napoleon Crescent when there are
functions held, particularly on weekends.
There is a high demand for on-street spaces at various times of day, particularly on
weekends.
The main entrance to the Botanical Gardens will be Hamelin Street and visitors to the
park and patrons of The Wellington will be competing for car spaces.
There is a kindergarten and hall located in Raglan Street and as there are already
traffic and car parking issues, the proposal will increase safety risks.
Napier Street will be widened, reducing the possible parking spaces for new club
patrons.
Customers of the nearby takeaway shop will no longer be able to park near the shop.
The club should provide more parking and a reduction should not be supported.
Concerns that the conclusions of the traffic report are overly optimistic, and that the
proposal will generate a greater need for parking than the current hotel.
Traffic impacts
The venue will increase traffic flow in the area and negatively impact local residents.
Location near two schools and botanic gardens will create more traffic, concerns
about safety of the elderly and children in this area in particular.
Raglan Street already experiences a lot of traffic, this proposal will increase traffic.
Opposition to gaming machines

Concern about increasing the number of gaming venues in Bendigo.
Concern about the number of gaming machines proposed.
Concerns about locating a venue near a school and parklands and the potential
impact on gambling behaviour.
Concerns about negative socio-economic impacts, including financial and social
impacts and crime and anti-social behaviour.
Amenity impacts
Concerns about increased noise, including traffic noise at all hours.
Concerns about a change to the character of the area, which is described as family
friendly and within a heritage area.
PAGE 31
Venue will be the only place in a passive residential area in Bendigo to have a
licensed club.
Concerns about a full club license.
Concern about safety and the number and type of people this venue will attract.
The objections are discussed below.
Planning Assessment
Planning Policy
The key planning policies in relation to this application are discussed below.
Clause 11 (Settlement) states that 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. Planning is to recognise the need for, and as far as practicable
contribute towards, amongst other considerations, economic viability, a high standard of
urban design and amenity, energy efficiency and land use and transport integration.
Planning is also to prevent environmental problems created by siting incompatible land
uses close together.
Clause 11.07 (Regional Victoria) seeks to develop regions and settlements which have a
strong identity, are prosperous and are environmentally sustainable. Strategies include
directing growth to locations where utility, transport, commercial and social infrastructure
and services are available or can be provided in the most efficient and sustainable
manner and ensuring there is a sufficient supply of appropriately located residential,
commercial, and industrial land across a region to meet the needs identified at regional
level.
The relevant objectives of Clause 11.14 (Loddon Mallee South) include managing
population growth and settlements, strengthening communities and strengthening and
diversifying the economy. Strategies to achieve this include supporting Bendigo as the
regional city and the major population and economic growth hub for the region and
offering a range of employment and services.
In relation to the above State policies on planning for Settlement, Regional Victoria and
the Loddon Mallee South Region, the proposal is expected to make an overall positive
contribution to the local economy and community. The proposal involves redeveloping an
existing commercial premises located on a main road within White Hills, an established
urban area within Greater Bendigo. The zoning of the land allows for a limited range of
non-residential uses. Positive economic impacts will include the generation of new
employment.
Clause 13.04-1 (Noise abatement) seeks to assist the control of noise effects on
sensitive land uses. Strategies to achieve this objective include ensuring that
development is not prejudiced and community amenity is not reduced by noise
emissions, using a range of building design, urban design and land use separation
techniques as appropriate to the land use functions and character of the area.
Appropriate measures can be implemented to ensure noise impacts are managed and
minimised.
PAGE 32
Clause 17 (Economic development) states that 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.
Clause 17.01-1 (Business) aims to encourage development which meet the communities
needs for retail, entertainment, office and other commercial services and provides net
community benefit in relation to accessibility, efficient infrastructure use and the
aggregation and sustainability of commercial facilities. The proposal supports economic
development within Greater Bendigo and will result in the creation of new jobs.
Clause 18.02-5 (Car parking) has an objective of ensuring an adequate supply of car
parking that is appropriately designed and located. The proposal provides for an onsite
car park of 39 spaces and there is sufficient on street parking in the surrounding area to
meet the anticipated demand.
Clause 21.07 (Economic development) notes that Greater Bendigo is a key regional city
and major population and economic growth hub for the Loddon Mallee South region. The
proposal will be make a positive contribution to the local economy and provide
employment opportunities in the hospitality industry.
Clause 21.07-5 (Gaming) of the MSS recognises that licensed venues which contain
electronic gaming machines may have a considerable impact on their surrounding
communities and amenity. These venues should be located appropriately and their
impacts minimised. The objective of this clause is to ensure entertainment and recreation
uses, including gaming machines, are located to meet local needs and minimise any
potential harm to the community. Strategies to achieve this objective include:
Encourage the location of gaming machines, which are associated with other
complementary recreation and entertainment uses and established in venues that:
o Have a range of entertainment and leisure options.
o Offer social and recreational opportunities other than gaming as the primary
purpose of the venue.
Discourage the location of gaming machines:
o In areas of above average socio-economic disadvantage as defined by the Socio
Economic Index For Areas (SEIFA) index of relative disadvantage and shown on
the Greater Bendigo Discouraged Gaming Areas Plan.
o In areas that have high levels of pedestrians that can lead to "convenience
gaming" where the location of electronic gaming machines increases the
likelihood of spontaneous decisions to play.
o In a rural township unless there is an alternative club or hotel without gaming
machines in the township.
Clause 21.08 (Environment) recognises the importance of the Citys heritage assets. It
states that Greater Bendigo has a large number of significant heritage assets of local,
state and national significance. There are buildings, sites and precincts dating from all
decades of post-contact settlement since the 1850s, following the discovery of gold,
throughout the municipality. The total complex of buildings, infrastructure, urban spaces
PAGE 33
and natural resources represent the most significant asset and resource in central
Victoria. Heritage is an important part of the economy of the municipality due to its role in
attracting tourists, renovators and new residents who bring economic development
initiatives and assets. While the site is located within a proposed heritage precinct, it is
not contributory to the precinct and the proposed changes will not adversely impact the
heritage values of the precinct.
The Clause 22.27 (Licensed Premises Policy) aims to manage licensed premises within
the City of Greater Bendigo, including location, patron capacity and hours of operation to
protect the amenity of surrounding areas and to reduce the incidence of anti-social
behaviour and the subsequent impact on the amenity of the area. The application
generally meets the requirements of this policy. While the policy discourages licensed
premises within 100 metres of a residential area, this site is an existing licensed premise
and there will be no change to the licensed hours of operation. The site is located outside
the identified Entertainment Precinct within the Bendigo CBD.
Various measures to limit noise from the venue will be implemented as recommended in
the acoustic report for the proposal prepared by Watson Moss Growcott (March 2017).
These will include an acoustic fence along the boundary with two residential properties,
no use of the alfresco area on the southern side of the building after 10:00pm and limits
on the number of patrons in this area, no speakers within alfresco/outdoor areas, music
within the building to be run through an in-house music system, and background music
levels to be limited. These measures can be imposed via conditions of permit, in addition
to requirements for compliance with the State Environment Protection Policies N-1
(Control of noise from industry, commerce and trade) and N2 (Control of music noise
from a public premises).
The policy states that licensed premises are to provide car parking as required in
accordance with the Clause 52.06 (Car Parking). Ninety (90) car spaces are required for
the use, with the proposal providing for 39 car spaces on site and a reduction of 51
spaces sought. Sufficient on street parking is available within the vicinity of the site to
cater for the likely demand generated by the use, and no adverse traffic impacts are
envisaged.
Clause 22.28 of the Planning Scheme contains the Citys Gaming Policy. The objectives
of the policy seek:
To discourage new gaming machines in disadvantaged areas.
To ensure the location of gaming machines and design and operation of facilities
containing gaming machines minimise opportunities for convenience gaming and
the incidence of problem gambling.
To ensure that gaming machines are located where the community has a choice
of non-gaming entertainment and recreation activities within the venue or in the
local area.
To protect the amenity of existing uses surrounding gaming venues.
This policy is based on an understanding that problem gambling affects a small

proportion of gamblers and that by having gaming venues in locations that are
convenient, but not highly accessible will decrease the incidence of convenience
gaming. The objectives and policy statements from this policy are outlined and
assessed below.
PAGE 34
Objectives of Clause 22.28-2 Assessment

To discourage new gaming machines in The planning submission submitted as
disadvantaged areas. part of the application notes that the
primary catchment area surrounding the
site comprises a mixed socio-economic
profile.
The Social and Economic Impact

Assessment prepared for the application
states that whilst the SA1 (statistical
area) the venue is located within has a
SEIFA score within the 2nd decile, a
review of the patron catchment indicates
that most patrons are from areas that do
not experience significant disadvantage
(i.e. bottom 20%).
There are pockets of significantly

disadvantaged people within a 5
kilometre catchment area of the site.
To ensure the location of gaming There will be no external access directly
machines and design and operation of into the gaming room, ensuring patrons
facilities containing gaming machines must fully enter the venue before
minimise opportunities for convenience choosing to enter the gaming room.
gaming and the incidence of problem There will be two entrances to the
gaming. gaming room from inside the venue,
being from the bistro and the sports bar.
Further improvements could be made to
the layout by reducing the number of
external entrances to the premises.
To ensure that gaming machines are The venue provides for non-gaming
located where the community has a activities including a bar and bistro.
choice of non-gaming entertainment and
recreation activities within the venue or in Non-gaming entertainment and
the local area. recreation opportunities in the area
include the Botanical Gardens, White
Hills Football Oval; Bendigo Creek Linear
Trail, Bendigo Golf Club, White Hills
Bowling Club and the White Hills
Swimming Pool. The site is located
approximately 4 kilometres from the
Bendigo CBD where there is a range of
entertainment and recreation facilities.
To protect the amenity of existing uses The site contains an existing hotel and
surrounding the gaming venue. the surrounding uses are residential and
parkland. The proposal is not likely to
adversely affect the amenity of the
PAGE 35
Objectives of Clause 22.28-2 Assessment

surrounding uses.
Policy of Clause 22.28-3 Assessment

Appropriate Areas
Gaming machines should not be located Complies. The site is not located within
in areas identified in Greater Bendigo an area identified as a prohibited or
Discouraged Gaming Areas Incorporated discouraged area within the Greater
Document. Bendigo Discouraged Gaming Areas
Incorporated Document.
Gaming machines should be located in Does not comply. This criteria cannot be
areas that meet at least one of the met as the suburbs that have electronic
following criteria: gaming machine densities below the
The total density of gaming machines regional Victorian average all abut
in the suburb and its adjoining suburbs that have densities higher than
suburbs is less than the regional the regional Victorian average. Therefore
Victorian average. it is impossible to comply with this
The area is identified as a future requirement. None of the existing venues
residential growth area in the in Greater Bendigo would meet this
Municipal Strategic Statement. criteria. Past Tribunal decisions with
respect to the Foundry Hotel and
Bendigo Stadium have held that failure to
meet this criteria is not a reason that an
application should be refused.
White Hills has not been identified as a

future residential growth area, however
nearby suburbs of Epsom, Huntly and
Jackass Flat are growth areas.
Gaming machines should be located Does not comply. The site is not located
proximate to higher order activity centres close to a higher order activity centre,
shown on the map attached to the however the policy allows for venues
schedule to Clause 52.28-4. which are destinations in their own right,
separate from areas where high
concentrations of people undertake daily
activities, as noted below.
Gaming machines should be located Complies. Nearby non-gaming
where there is a reasonable choice of entertainment and recreation facilities
alternative non-gaming entertainment include the Botanical Gardens, White
and recreation facilities, including Hills Football Oval; Bendigo Creek Linear
facilities proposed within 12 months. Trail, White Hills Bowling Club, Bendigo
Alternative non-gaming entertainment Golf Course and White Hills Swimming
and recreation facilities include hotels, Pool, although it is acknowledged that
clubs, cinemas, restaurants, bars and the operating hours of these venues may
indoor recreation facilities operating at not correspond to the hours of the
the same times as the proposed gaming proposed use.
venue will operate.
PAGE 36

Appropriate Areas
Restaurants, bars, a cinema and a range
of other entertainment venues are
located within reasonable proximity in the
Bendigo CBD.

Appropriate sites
Gaming machines should not be located Complies. Pedestrian counts undertaken
on sites where large numbers of as part of the Traffic Impact Assessment
pedestrians are likely to pass in the for the application indicated that 52
course of their daily activities, increasing pedestrian movements occurred in the
the likelihood of spontaneous decisions morning peak between 8:009:00am and
to play gaming machines. 107 pedestrian movements occurred in
the afternoon peak between 3:00
4:00pm across the existing pedestrian
crossing on Napier Street, adjacent to
the site, while at other times of the day
pedestrian traffic was very low.
The application states that the gaming

room will not be open prior to 9:30am on
any school day, so that it wont be open
during school drop off time.
Gaming machines should be located on Complies. It is considered that the site
sites that meet at least one of the meets criteria 2, being a destination in its
following criteria: own right as it is not located in an area
The site is towards the periphery of where there are high concentrations of
an activity centre, outside the main people undertaking daily activities.
shopping, transport, community and
civic functions of the centre or within The site is not located on the periphery of
walking distance of the edge of an an activity centre. The nearest activity
activity centre; centres are White Hills neighbourhood
The location could reasonably be activity centre, located approximately 490
perceived as a destination in its own metres from the site, and Epsom Village
right separate from high (activity centre), located approximately
concentrations of people undertaking 2.2 kilometres from the site. The site is
daily activities; or not part of a sports and recreation club.
At a sports or recreation club with a
land holding of more than 2 hectares.
Gaming machines should not be located Complies. The venue is not currently, nor
in venues that have 24 hour a day seeking to operate 24 hours a day. The
operation or have a gaming floor area of gaming floor area will not exceed 25% of
more than 25 per cent of the total floor the total floor area of the venue. The
area of the venue. proposed area of the gaming room is
138.7sqm, and the total floor area will be
PAGE 37

Appropriate sites
1,271.1sqm which equates to 10.9% of
the floor area.
Gaming machines should not be located Complies. The design of the venue is
where the gaming or any associated use acceptable with regard to minimising
will detrimentally affect the amenity of the amenity impacts to the surrounding area.
surrounding area by way of design, The gaming room will open from 9.30am
location or operating hours. on school days and 7.00am other days.
The application has been considered against the decision guidelines for this policy at
Clause 22.28-5. The site is in a location which is accessible by a variety of transport
modes and where there is a choice of gaming and non-gaming entertainment and
recreation. With regard to the objectives and criteria contained within the policy, the
location of the premises is considered to be a destination in its own right which would not
necessarily facilitate or encourage convenience gaming.
The VCGLR has determined that the proposal will result in a negative social and
economic impact to the wellbeing of the community. It is noted that the Commissions
considerations are based on the broader municipal wide impacts of the application.
However, given the VCGLR decision, it is difficult to conclude that the planning permit
application would derive a net community benefit.
The VCGLR determination stated that the catchment of the site contains mixed socio-
economic profiles and residents in areas of the catchment exhibit more indicators of
vulnerability to problem gambling than the average for the municipality. Whilst some
gaming expenditure may be transferred from elsewhere in the municipality, the proposal
is likely to result in an increase in social disadvantage.
Change of use
The main change in the use is that the premises will be operated as a club for members
and visitors, and the addition of a gaming room for 44 gaming machines. Members and
visitors will be required to either scan their member card on a digital scanner or sign in
upon arrival at the venue, or scan their drivers licence.
The application has been assessed against the decision guidelines for non-residential
use and development under the General Residential Zone and is considered satisfactory.
The application has also been considered against the decision guidelines of Clause
52.28 (Gaming). As noted previously, the location of the site is not within a prohibited or
discouraged area.
PAGE 38
With regard to the compatibility of the proposal with adjoining and nearby land uses, the
site is located within a predominantly residential area. The zoning of the land allows for a
limited range of non-residential uses to serve local community needs in appropriate
locations. The site is located on a main road and is currently used as a hotel. Restricted
place of assembly is a permitted use within the General Residential Zone. The proposal
is generally compatible with residential uses and this proposal will serve local community
needs.
There is capacity to expand the existing development on the site, as shown in the plans,
and provide for additional parking on the site. The proposal provides for a full range of
club facilities to service members and patrons, including a bistro area, bar, a childrens
play area and outdoor dining areas.
With regard to the intensity of the use, the number of patrons permitted at the venue will
be reduced marginally from 308 to 300, and the licensed hours of operation will not
change, although it is noted that visitors to the site may stay for longer periods than the
previous hotel use, in the event that they utilise both the gaming room and bar or bistro
area in a single visit to the site.
The scale, design and appearance of the development is appropriate to the site and
surrounds. The proposal makes provision for 39 car spaces on site, with sufficient
unrestricted on-street parking available in the area to meet the demand generated, as
discussed below. The proposal also makes appropriate provision for a delivery bay. A
detailed landscaping plan can be required as a condition of permit.
Traffic impacts have been considered by the Citys Traffic Engineer and VicRoads who
had no objection to the proposal subject to conditions.
Socio-economic impacts
The majority of the objections received are concerned about potential negative socio-
economic impacts of electronic gaming machines on the local community.
Section 60(1)(f) of the Planning and Environment Act 1987 requires that the responsible
authority must consider any significant social effects and economic effects which the
responsible authority considers the use or development may have.
A socio economic impact assessment was prepared as part of the application. The report
states that on balance, the introduction of EGMs at the Wellington at Botanical Gardens
will have a positive net social and economic impact on the community and more broadly
with respect to the City of Greater Bendigo. The report cites the upgraded facilities at
the venue as social benefits to the community, in addition to community contributions of
$100,000 per annum to local community and sporting groups and an additional 10 EFT
positions. It acknowledges the potential for some disbenefit such as a potential increase
in problem gambling and associated impacts on the community, however states that the
disbenefits are outweighed by the benefits. It notes that access to gaming machines
already exists for the areas of the municipality experiencing the most disadvantage.
PAGE 39
As noted previously, the City undertook a social and economic impact assessment which
found that the social and economic impact on the wellbeing of the broader community as
well as the local community within which the proposal is located, will be negative and that
any positive impacts are only likely to be marginal. Council subsequently resolved to
oppose the application for a gaming license.
The VCGLR decision was to refuse the application for the gaming license on the basis
that the application did not satisfy the no net detriment test. The Commission
considered the likely positive social and economic impacts of the gaming license
application against the likely negative social and economic impacts to test whether the
proposal would result in a net positive, negative or neutral outcome for the community. It
listed the following benefits and disbenefits of the proposal in its decision:
Benefits
Gaming expenditure associated with non-problem gambling
Expenditure on capital works at the premises
Employment creation
Supply contracts and complementary expenditure
Community contributions
Improved facilities
Increased gaming opportunities for those who enjoy gaming
Social benefit derived from increased community contributions
Disbenefits:
Possibility of increased incidence and impact of problem gambling on the
community
Location of premises
Community attitude
Loss of an EGM free venue from the local community
Gambling expenditure associated with problem gambling
Potential diversion of trade from other gaming venues and retail facilities
The Commissions report noted that while the catchment area of the Premises exhibits
mixed levels of socio-economic disadvantage, but is generally lower as compared with
the municipality as a whole, it included areas with more indicators of vulnerability to
problem gambling than the wider municipality. This was of concern to the Commission.
While the proposal generally complies with the Citys Gaming Policy with regard to the
location of the premises, the Commission had concerns about the location of the
premises near recreational facilities such as the Botanical Gardens and White Hills pool,
as well as being opposite Holy Rosary Primary School and viewed this as a social
disbenefit, giving this marginal weight in its decision. The reasons for this were that the
location would increase the likelihood of people being exposed to gaming, despite
mitigation measures such as limited signage and controls on opening times on school
days.
Some of the objections received were also concerned that the site is located opposite a
primary school and the potential for this to be a negative social impact on the community.
PAGE 40
However the application notes that VCAT has previously held that proximity to a school
is not a relevant consideration in relation to gaming machine applications.
Car parking
One of the other main concerns objectors have raised about the application is the
proposed reduction in parking and amenity impacts associated with increased on-street
parking.
The car parking rate for place of assembly is 0.3 spaces per patron under Clause 52.06-
5 of the Planning Scheme. The application states that there will be a maximum of 300
persons permitted at the venue at any one time. On this basis, there is a requirement for
90 car spaces. Thirty-nine (39) car spaces are proposed to be provided on site. The
proposal therefore seeks approval for a reduction of 51 spaces. The application has
been assessed against the decision guidelines at Clause 52.06-6 of the Planning
Scheme.
A parking survey of on-street parking was undertaken as part of a Traffic Impact

Assessment report. In addition to the current on site car park, the survey recorded
parking availability within:
Scott Street (both sides between Priest Street and Napier Street)
Napoleon Crescent (both sides east of Napier Street, and both sides west of Napier
Street)
Napier Street (both sides between Napoleon Crescent and Hamelin and Heinz
Streets)
The survey was conducted for a three day period in October 2016, which included a
weekend. A total of 142 onsite and on-street spaces were recorded within this area. The
survey found that there was a peak demand for 41 spaces for the hotel at approximately
7pm on Friday and Saturday evenings, with patron numbers estimated to be in the order
of 105 people during this period. The survey found a vacancy of between 91 and 110
spaces in the available on-street parking at these peak times.
The report stated that whilst the application is for a change of use and is therefore
technically a new use, the new use will have similar operating characteristics to the
existing use, will have a reduced maximum permitted number of patrons and will have a
lower car parking requirement. It further stated that the change in use actually reduces
the standard number of spaces required by the Planning Scheme from 120 spaces for a
hotel, to 90 spaces for the proposed restricted place of assembly, being a reduction of 30
spaces. The number of onsite car spaces will be increased from 29 to 39 spaces.
It is acknowledged that on-street parking along Napier Street will be reduced when the
planned upgrade to Napier Street is undertaken by VicRoads. Staff and visitors to the
site who are unable to secure parking within the onsite car park are therefore likely to
park in the surrounding streets, with the closest available on-street parking being in
Napoleon Crescent and Scott Street.
PAGE 41
Parking along Napoleon Crescent is unrestricted. There are currently 10 sealed and line-
marked angled spaces on the north side of Napoleon Crescent opposite the premises
and two line-marked spaces adjacent to the existing hotel car park on the southern side.
Line marked on-street angled parking spaces also exist within close proximity along
Scott Street, adjacent to the White Hills Botanic Gardens.
Public transport is available in the area, with bus route No.5 located on Napier Street
with a bus stop immediately in front of the site. As such, there is potential for patrons and
staff to use public transport to access the site. The proposal also makes provision for
bicycle spaces within the car parking area, in accordance with the requirements of
Clause 52.34 (Bicycle facilities) of the Scheme.
The Citys Traffic Engineer has not raised any concerns regarding on-street parking
capacity in relation to this application.
Given the capacity for on-street parking within the surrounding street network and the
availability of public transport, and taking into account the likely parking demand at peak
periods, the proposed reduction of 51 spaces is considered acceptable.
Traffic impacts
A number of objections raised concerns about the traffic and safety impacts of the
proposal.
A Traffic Impact Assessment was undertaken for the proposal. The report has
considered the proposed changes to Napier Street to be undertaken by VicRoads as part
of a $30.4 million upgrade to Napier Street, funded by the Victorian Government, to
improve the traffic flow and transport options between Weeroona Avenue and Hall
Street. In the vicinity of the subject site, the changes will involve:
Roadworks to upgrade Napier Street;
Removal of kerbside parking to increase the carriageway capacity to two lanes in
each direction;
Restricting access of the north west approach of Napoleon Crescent to one-way left
turn entry only;
Removing the pedestrian crossing across Napier St directly in front of the site;
Restricting access of the south-east approach of Napoleon Crescent to left-turn in
and left-turn out only; and
Signalisation of the intersection of Scott Street and Napier Street.
The report recommended that a left out egress point for the site from the car park was
imperative, otherwise cars would be forced to route via Hamelin Street in order to gain
access to Napier Street. The report concluded that the proposed change in use to a
restricted place of assembly would not result in adverse impacts on car parking and
traffic flows.
It is acknowledged that there is likely to be more traffic travelling along Napoleon

Crescent, and onto either Hamelin Street or Raglan Street, given the changes to the road
network that will be undertaken as part of VicRoads upgrade to Napier Street.
PAGE 42
While some residents are concerned about the narrowness of Napoleon Crescent, the
Citys Traffic Engineer has advised the width of the road is sufficient to allow a through
lane of traffic when cars are parked on each side of the street.
With regard to pedestrian safety and access to the site, there is an existing footpath
along the southern/eastern side of Napoleon Crescent. The existing pedestrian crossing
on Napier Street opposite the school is proposed to be removed as part of VicRoads
works to Napier Street. Once it is removed pedestrians will need to cross Napier Street
at the signalised intersection of Scott Street and Napier Street. This intersection will
include a pedestrian crossing. It will be located approximately 120 metres to the north
east of the current crossing.
VicRoads had no objection to the proposal, subject to conditions of permit that all waste
collection be undertaken either on the site or within Napoleon Crescent, and that a
pedestrian fence be provided on Napier Street, behind the kerb, and must extend from
the crossover on Napier Street to the Napoleon Crescent.
Liquor license
Several objections were concerned about amenity impacts as a result of a change to the
liquor license.
The application seeks approval for a minor increase to the floor area where liquor is
consumed. The site is an existing licensed premises and the current license allows for
trading between 7:00am and 1:00am the following morning on Monday Saturday, and
10:00am to 11:00pm on Sundays, with the exception of Good Friday and Anzac Day.
The application does not seek to extend these hours. The proposal also seeks to cap
patron numbers at 300 persons, whereas the existing liquor license has no limit on
numbers until 11:00pm at night, whereby patron numbers must then be limited to 308
persons.
The changes to the liquor license are not likely to result in an increase in adverse
amenity impacts and are considered satisfactory.
Amenity impacts
Noise
An acoustic report was prepared for the proposal and submitted with the application. The
report concluded that provided appropriate measures are in place to minimise noise
impacts, the operation of the premises will not adversely affect the amenity of nearby
residents by virtue of noise associated with the use. The recommendations of the
acoustic report could be required to be implemented as a condition of permit in the event
that Council approved the application. Measures include the construction of an acoustic
fence along the southern boundary of the site, limits on the use of the southernmost
alfresco area with regard to hours and patron numbers, acoustic treatments for plant and
equipment, limitations on music, and management measures for minimising noise from
patrons within the car parking area.
PAGE 43
It is acknowledged that the proposal would result in some noise from traffic to and from
the site in terms of vehicles travelling via Napoleon Crescent, however the number of
vehicles anticipated (90) would be less than that permitted for the current hotel use
(120).
Anti-social behaviour
The nature of the use as a club would mean that patrons frequenting the site could be
monitored, as visitors would need to be members or guests and sign in or scan
identification to the club on entry. Security personnel are proposed to be employed at the
club and would manage patrons exiting to the car park at night. The applicant also
confirmed at the consultation meeting that security cameras would be installed at the
premises, including within the car parking area.
Heritage
As noted previously, the site contains a dwelling which is proposed to be demolished to

facilitate the construction of the extension to the building and a new car park.
Both the dwelling and the hotel are proposed to be included within the Heritage Overlay
(HO897 White Hills and Hamlet Precinct) as part of Amendment C223, although Stage
2 of the White Hills and East Bendigo Heritage Study states that these buildings are non-
contributory, meaning they are not of heritage significance.
Conclusion
Gaming is a problem for some people in the community and an increase in the number of
electronic gaming machines does have some negative aspects.
The proposal does not satisfy all of the location criteria within the Citys Gaming Policy;
however failure to comply with all aspects of this policy is not necessarily fatal to the
application.
Despite the application having many positive impacts, including significant improvements
to an existing venue, increased community contributions, and the generation of additional
employment; these positives are only likely to be marginal when weighed against the
social disbenefits of the proposed EGMs.
While the proposal is considered satisfactory in terms of built form and traffic and parking
impacts, and likely amenity impacts could be effectively managed through appropriate
permit conditions, Council must make a decision on the planning permit application as a
whole. If the application did not include the gaming component, it would be considered
satisfactory from a planning perspective.
Given the VCGLR process has determined that the social disbenefits of the proposed
EGMs at this location outweigh the social benefits and has not granted a gaming license
for the site, it is therefore considered inappropriate to grant a permit for the planning
permit application.
PAGE 44
Options
Council, acting as the responsible authority for administering the Planning Scheme, may
resolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit.
Attachments
Objections
Traffic and Parking Assessment
Acoustic Report
PAGE 45
2.3 79 WATTLE STREET, BENDIGO 3550 - TWO LOT SUBDIVISION AND

CONSTRUCTION OF A THREE STOREY DWELLING
Author Shannon Rosewarne, Senior Planner

Director
Summary/Purpose
Application details: Two lot subdivision and construction of a three storey dwelling
Application No: DSD/145/2017
Applicant: J A Coffey
Land: 79 Wattle Street, BENDIGO 3550
Overlays: Heritage Overlay 12
Parking Overlay 1
Consultation No consultation meeting was held.
meeting:
Key considerations: Heritage significance and compliance with planning policy
for heritage
Neighbourhood character
Compliance with Rescode
Access to the site
Removal of street trees
Conclusion: The application is recommended for refusal on the basis that it
represents an unacceptable planning outcome with regard to
neighbourhood character, ResCode, Councils Heritage Policy
and the Heritage Overlay.
PAGE 46
RECOMMENDATION
City Council resolve to issue a Refusal to Grant a Permit for a two lot subdivision and
construction of a three storey dwelling at 79 Wattle Street, BENDIGO 3550 on the
following grounds:
1. The subdivision will adversely impact the significance and appearance of the heritage
place, contrary to Clauses 15.03, 21.08, 22.06 and 43.01 of the Greater Bendigo
Planning Scheme.
2. The proposal does not comply with Clause 22.11 (Central Bendigo Residential
Character Policy) and is inconsistent with the purposes of Clause 32.08 (General
Residential Zone) which calls for new development to respect neighbourhood
character.
3. The proposal does not comply with ResCode (Clauses 55.02-1, 55.03-2, 55.03-5,
55.03-7, 55.03-8, 55.04-1, 55.04-2, 55.05-4, 55.05-2, 56.03-5, 56.04-2) of the Greater
Bendigo Planning Scheme.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context

where we live.
Report
The site is located at 79 Wattle Street, Bendigo. It has an area of approximately 593.7
square metres and is developed with a single storey brick and rendered dwelling dating
to 1910.
The site is generally rectangular shaped and is located on the western side of Wattle
Street. The site has a frontage of 23.7 metres to Wattle Street and an average depth of
25.18 metres. There is currently no formed vehicle access to the site off Wattle Street.
The land is situated opposite the Sacred Heart Cathedral and adjoins Wattle Square
reserve, zoned Public Park and Recreation Zone, to the south and the Cathedral Motor
Inn, zoned Commercial 1 Zone, to the west. A block of two storey motel units is
constructed on the boundary shared with the subject site.
PAGE 47
A red brick Victorian dwelling dating to 1900 is developed on the adjoining site to the
north at No. 81 Wattle Street, and a single storey brick Interwar style dwelling dating to
1930 is located on No.83 Wattle Street, situated on the corner of Wattle and Mackenzie
Streets. The wider precinct holds a noticeable heritage character which is reflective of
Bendigos early settlement. The surrounding land to the north and west is mostly
residential in nature.
Wattle Street slopes relatively steeply down from the north to the south and is
characterised by a relatively wide road reserve with footpaths on both sides of the street,
angled line marked car parking, bluestone guttering, and an avenue of Elm trees along
the western side of the street.
Figure 1: Location map showing subject site. Objectors property marked with a star.
Proposal
The proposal is for a two lot subdivision of the site and the development of a three storey
dwelling on the vacant lot.
The new dwelling would comprise three bedrooms, three bathrooms, open plan living
room, kitchen and dining room, rumpus room, laundry, double garage, balcony areas on
the first and second floors, a rooftop deck and a lift.
The design of the dwelling is contemporary with a flat roofline with parapets. It would be
constructed of limestone blocks and lightweight cladding with tinted glazing and render.
A 1.8 metre high vertical slat fence is proposed to the boundary with Wattle Square
reserve for the extent of Lot 2.
The subdivision would create a lot of 334.48 square metres for the existing dwelling (Lot
1) and a lot of 259.22 square metres for the new dwelling (Lot 2). Each lot is proposed to
have separate access via new crossovers on Wattle Street.
PAGE 48
Figure 2: Proposed plan of subdivision
Figure 3: Proposed site layout plan
PAGE 49
Figures 4-7 above: Proposed floor plans
PAGE 50
Figure 8: Proposed north west elevation (Wattle St)
Figure 9: Proposed southern elevation (Wattle Square reserve)
Figure 10: Streetscape perspective viewed from High Street/Wattle Square
PAGE 51
Figure 11: Streetscape perspective viewed from Wattle Street
Figure 12: Photo montage of Wattle Street
Planning Controls - Greater Bendigo Planning Scheme
Under the General Residential Zone, a permit is required to subdivide land and construct
more than one dwelling on a lot.
The site is within a Heritage Overlay which triggers the need for a permit to subdivide
land and to construct buildings and works and fences.

11 Settlement
11.07 Regional Victoria
11.14 Loddon Mallee South
15.01 Urban environment
15.02 Sustainable development
PAGE 52
15.03 Heritage
16.01 Residential development

21.02 Key issues and influences
21.04 Strategic directions
21.05 Compact Greater Bendigo
21.08 Environment

22.11 Central Bendigo Residential Character Policy
22.06 Heritage Policy
Other Provisions
32.08 General Residential Zone
43.01 Heritage Overlay
52.06 Car parking
55 Two or more dwellings on a lot
56 Residential Subdivision
65 Decision Guidelines
Referrals
The following internal departments have been consulted on the proposal:
Referral Comments
Heritage Advisor The proposal was generally supported, with a
recommendation to refine the glazing modules and materials
palette.
The proposal does not inhibit views to either building from

Wattle Street. It is set at the back of the block and although
the garage is the dominant feature on the ground floor, it is
the upper levels which will be most visible from the street.
The facades of the adjoining houses will remain the dominant
feature of the streetscape and the proposed building will not
diminish this or have a detrimental effect on Wattle Street.
The proposed building will be a fairly strong presence from

the park and the street. It will block views of the blank side of
the wall of No. 81, which is not of serious concern as the red
brick wall is part of the character of the area, but is not of
architectural interest and will still be visible from Wattle
Street.
PAGE 53
The proposed building site is currently an open vacant piece

of land which does not have a developed garden and does
not appear to be necessary curtilage for the existing house
which principally addresses the park and the street.
The height of the proposed building is the feature of principal

concern. Its narrow proportions and the context of the spires
beyond and the steep topography of the area all work in
favour of the proposed three storey dwelling. Although the
massing is dissimilar to the adjoining buildings, because it is
vertical rather than horizontal, the actual size of the building
is probably equivalent to its neighbours. Wattle Street has
buildings of all sizes and shapes and this is a modern
contribution to that variety. The proposal will undoubtedly
have an impact on the views from High Street but if the
building design is further refined it has the potential to make
a positive contemporary contribution to the precinct.
The building is highly articulated and uses some quality

materials such as limestone. The quality of limestone varies
greatly and a sample or specific type of limestone should be
provided to ensure it is of a high visual quality. The use of
materials with an innate beauty is supported and further
development of the materials palette is suggested.
Further development of the windows is also suggested. At

present, only the sliding doors appear to open, which
provides very limited ventilation options and makes for a
blank acreage of tinted, high rise style glazing which is not
necessarily appropriate in a low density neighbourhood. One
of the most interesting aspects of this heritage precinct is
often the disparate glazing style and the design could be
further developed to make a positive architectural
contribution in this respect. Swapping the stair and lift would
provide much more direct light to the stairwell, rumpus room
and potentially bedroom 2. The height of the fence backing
onto the park is supported.
PAGE 54
Traffic & Design Splay at the north west corner of Lot 1 needs to be
modified to improve vehicle access to the garage for Lot
2.
Driveways must be a minimum 2 metres clear of tree
trunks. For trunks greater than 200mm wide, offset
required if 1 metre per 100mm.
Street trees at the vehicle entrances to both lots will
require removal.
All driveways must be sealed, permeable driveways are
not permitted.
Standard requirements for construction of access will
apply.
Parks and Natural Removal of two street trees to facilitate access is not
Environment supported.
Whilst the trees are in decline and will require removal
over the coming years, the proposal does not allow for the
replacement of the trees, leading to a net loss of trees
from the streetscape and depletion of the avenue of Elm
trees over time.
Future access to the existing garage through public open
space is not supported.
Any change to existing ground conditions or increased
vehicle activity within tree protection zones will impact on
the mature Elm trees within Wattle Square.
Any tree within Council managed land that is removed for
development purposes will attract an amenity value cost
plus any removal and replacement costs.
Drainage No objection subject to conditions. Drainage plans to be
required as a condition of permit which make provision for
underground drainage, stormwater detention and
stormwater quality.
Public Notification
As a result of advertising, 1 objection was received, with the grounds of objection being:
The proposed dwelling directly abuts motel units 25 32 on the adjoining site, and
will result in a loss of the right to natural light to these rooms.
The proposed dwelling will also considerably obscure the views of the Sacred Heart
Cathedral from several of the motel units, a view which was a deciding factor in the
design of the Cathedral Motor Inn some 30 years ago.
PAGE 55
Planning Assessment
Planning policy
The following clauses of the State and Local Planning Policy Framework and Municipal
Strategic Statement are relevant in the consideration of this application.
and infrastructure. It also states that planning is to facilitate sustainable development that
takes full advantage of existing settlement patterns, and investment in transport and
communication, water and sewerage and social facilities. The proposal supports these
objectives.
Clause 11.07 (Regional Victoria) aims to develop regions and settlements which have a
strong identity, are prosperous and are environmentally sustainable. Clause 11.14
(Loddon Mallee South) identifies Bendigo as a regional city and strategies include
supporting Bendigo as the major population and growth hub for the region, and
facilitating increased commercial and residential densities, mixed use development and
revitalisation projects for underutilised sites and land in Bendigo. The proposed
subdivision will support the demand for housing as a result of population growth in the
municipality.
Clause 15.01-5 (Cultural identity and neighbourhood character) seeks to recognise and
protect cultural identity, neighbourhood character and sense of place. Strategies to
achieve this objective include:
Ensuring development responds and contributes to existing sense of place and
cultural, identity.
Ensuring development recognises distinctive urban forms and layout and their
relationship to landscape and vegetation.
Ensuring development responds to its context and reinforces special characteristics
of local environment and place by emphasising:
- The underlying natural landscape character.
- The heritage values and built form that reflect community identity.
- The values, needs and aspirations of the community.
Clause 15.03-1 (Heritage conservation) aims to ensure the conservation of places of

heritage significance. Relevant strategies to achieve this objective include encouraging
appropriate development that respects places with identified heritage values and creates
a worthy legacy for future generations, retaining those elements that contribute to the
importance of the heritage place, and ensuring an appropriate setting and context for
heritage places is maintained or enhanced. One of the main concerns with this
application is that it will not produce an acceptable heritage and neighbourhood
character outcome. This is discussed in detail later in this report.
PAGE 56
Clause 16.01 (Residential development) promotes a diverse range of housing that meets
community needs in locations that offer good access to services and transport and that is
energy efficient. Clause 16.01-4 (Housing diversity) seeks to provide for a range of
housing types to meet increasingly diverse needs, with one of the strategies to achieve
this being to encourage the development of well-designed medium density housing
which respects the neighbourhood character, improves housing choice, makes better
use of existing infrastructure and improves energy efficiency of housing.
The Greater Bendigo Residential Development Strategy (2014) encourages urban

consolidation in areas which have good access to local services and facilities. A key
component of the Greater Bendigo Residential Development Strategy (2014) is
implementing the concept of 10 minute neighbourhoods around activity centres.
Clause 21.05 (Compact Bendigo) encourages 10 minute neighbourhoods which are

attractive and feature well designed residential and mixed use developments, offer a
range of housing choices, convenient access to public transport and activity centres, and
have community and commercial facilities that are highly accessible by a variety of
transport modes, in particular walking and cycling. This clause states that a 10 minute
neighbourhood is an identifiable community where people can access many (but not
necessarily all) of their daily needs within a 10 minute walk or cycle trip from where they
live. Daily needs can include shops, schools, employment, a range of community
facilities and public transport. The location of this proposal meets the elements of a 10
minute neighbourhood.
Strategies include supporting proposals for well-designed residential development that

provide a diversity of dwelling choices including higher density residential development
and are accessible to activity centres and activity nodes or public transport. This
development proposes a new 3 bedroom dwelling on the edge of the Bendigo CBD, a
location which is supported by this policy statement.
Clause 21.08 (Environment) recognises the role that heritage plays in the municipality. It
states that Greater Bendigo has a large number of significant heritage assets of local,
state and national significance. There are buildings, sites and precincts dating from all
decades of post-contact settlement since the 1850s, following the discovery of gold,
throughout the municipality. The total complex of buildings, infrastructure, urban spaces
and natural resources represent the most significant asset and resource in central
Victoria. Heritage is an important part of the economy of the municipality due to its role in
attracting tourists, renovators and new residents who bring economic development
initiatives and assets.
Clause 22.06 contains the Citys Heritage Policy. It is policy to:

Consider applications against the Greater Bendigo Heritage Design Guidelines,
August 2015 including Statements of Significance for Miners Cottages Style, Bendigo
Boom/Victorian Style, Federation Style and Inter-war Style.
Encourage new buildings that do not adversely affect the significance, character or
appearance of the heritage precinct, and are visually recessive.
Ensure that the design of new buildings responds to the context of the heritage
precinct and nearby contributory buildings including scale, height, mass, form, siting,
setbacks and materials.
PAGE 57
Encourage new development within a heritage precinct that is contemporary in

appearance and that does not mimic historic styles or details.
An assessment of the proposal against the policy and relevant design guidelines is
provided later in this report.
The Central Bendigo Residential Character Policy at Clause 22.11 is a relevant

consideration for this application. The site is within the Central Bendigo 2 Precinct which
is described as follows:
"This precinct forms part of the inner ring of suburbs that exemplify the distinctive
character of early Bendigo. Most of the housing is from the Victorian, Edwardian and
Inter-war periods. In parts of the precinct, dwellings are frequently weatherboard with
picket fences creating a modest cottage' character. Elsewhere, brick and render are
more common, particularly in the areas with larger houses and mansions. Setbacks vary
according to the size of lot and housing, but are often consistent within a particular
streetscape. Much of the area has heritage significance."
The statement of desired future character is that the heritage qualities and the distinctive
characteristics of each streetscape will be maintained and strengthened. The desired
future character is to be achieved by the following objectives and design responses:
Objective Design Responses

To retain buildings which contribute to Retain and restore wherever possible,
the valued character of the area. intact Victorian, Edwardian, Federation
and Interwar era dwellings.
Alterations and extensions should be
appropriate to the dwelling era.
Comment: The existing Federation era dwelling is being retained.
To encourage the consideration of the Prepare a landscape plan to accompany
landscape setting of the dwelling. all applications for new dwellings.
Retain large, established trees and provide
for the planting of new trees wherever
possible.
Comment: A landscape plan forms part of the application. The proposal provides
for limited landscaping opportunities due to the proposed site coverage and size of
the site. No trees are proposed to be removed from the site itself; however 2 mature
Elm trees within the road reserve are proposed to be removed to facilitate access to
the site. The landscaping plan provides for low level planting along the driveway for
Lot 2, a small amount of lawn and planting within planter boxed on balcony and roof
top deck areas. The landscaping within the front and side setback of the existing
dwelling will be retained.
To minimise site disturbance and Buildings should be designed to follow the
impact of the building on the contours of the site or step down the site.
landscape.
Comment: The site fall of approximately 4 metres from northeast to southwest
PAGE 58

across the site. The dwelling has been designed with regard to the fall of the land,
although site cuts will be required to provide a level building site.
To maintain the consistency, where The front setback should be not less than
present, of building front setbacks. the average setback of the adjoining two
dwellings.
Comment: This objective is not applicable, as the proposed dwelling will be
constructed at the rear of the existing dwelling.
To maintain the rhythm of dwelling Buildings should be setback from at least
spacing. one side boundary.
Comment: The proposed dwelling will have a setback of 1 metre to the southern
boundary, and will be built to the northern boundary. As such, the development
achieves a small offset from one boundary. However, with regard to the overall
objective to maintain the rhythm of dwelling spacing, the pattern of development
within the street and surrounding residential area is that dwellings are set within
gardens, and each dwelling has a front and rear garden. The proposal is not
consistent with this pattern of development as the rear yard of the existing dwelling
is proposed to be fully developed.
To minimise the dominance of car Locate garages and carports behind the
storage facilities. line of the dwelling. Use rear access where
available.
Comment: The new dwelling includes an integrated double garage which will be set
well back from the street. An uncovered car space is proposed for the existing
dwelling, within its front setbacks.
To respect the identified heritage Where the streetscape contains identified
qualities of the streetscape or heritage buildings, reflect the dominant
adjoining buildings. building forms in the street, including roof
forms, in the new building design.
Comment: The site is within a Heritage Overlay precinct. Whilst the proposed
dwelling does not reflect the dominant building forms in Wattle Street, the
development is of a similar vertical form to the adjoining motel development on High
Street. The new dwelling will sit significantly higher than the existing dwelling and
motel when viewed from High Street, and higher than the existing dwelling on the
site when viewed from Wattle Street, however it will not sit higher than the adjoining
dwelling at No. 81 Wattle St due to the slope of the land.
To ensure that buildings and Respect the predominant building height in
extensions do not dominate the the street and nearby properties. Where
streetscape. there is a predominance of single storey,
the height of the dwelling at the front of the
dwelling should match the typical single
storey wall height.
Comment: The dwelling will have a maximum height of 11 metres, with a wall
height of 10 metres. This is higher than the existing dwelling and the adjoining motel
PAGE 59

development to the west, but comparable to the height of the adjoining dwelling to
the north when viewed from Wattle Street due to the slope of the land.
To use building materials and finishes In streetscapes where weatherboard
that complement the dominant pattern predominates, use timber or other non-
within the streetscape. masonry cladding materials where
possible, and render, bag or paint brick
surfaces.
Comment: The materials in the vicinity of the site are varied. The proposed
materials include limestone blocks, lightweight cladding, tinted glazing and render.
The colour and material selection for the proposed dwelling is generally acceptable.
The Citys Heritage Advisor has recommended some refinement to the colour
palette and materials schedule.
To ensure front fences are appropriate Provide open style front fencing. Front
to the era of the dwellings and fences should not exceed 1.2 metres other
maintain the openness of the than in exceptional cases.
streetscape.
Comment: The existing low wire fence to the frontage of the site is proposed to be
retained.
Access and Car parking
The site does not currently have any vehicle access from Wattle Street. The existing
garage for the original dwelling opens out onto Wattle Square Reserve. Wattle Square is
Crown land for which Council is the Committee of Management. The application states
that vehicle access to this garage is via Wattle Square and seeks to continue using this
land for vehicle access to the site, citing a previous building permit for the construction of
the garage in this location and a previous planning permit for the use of the land for
medical consulting rooms, with no standing signs on Wattle Street in this location,
installed at the request of a previous owner.
Despite this, there are no formal or informal agreements between the owners of the land
and Council for access to the subject site via this reserve. There is no licence,
agreement or easement in place for access to the site via this land. Council is not
required to take any action on this matter when considering the permit application. To
date, carriageway rights have not been legally established over the part of the reserve
which the applicant claims is used to gain vehicular access to the garage. It is incumbent
on the owners to commence their own action if they wish to assert rights over this land.
Clause 52.06 of the Planning Scheme requires that 1 car space be provided for a 1-2
bedroom dwelling and 2 spaces be provided for a dwelling with 3 or more bedrooms. The
existing dwelling requires one space to be provided, while 2 spaces are required for the
new dwelling.
Given there is no legal access to the existing garage, this is not considered to be a
useable car space. The plans appear to show one uncovered car space within the front
setbacks of the existing dwelling and a double garage is proposed for the new dwelling.
PAGE 60
In order to access these car spaces, the proposal will involve constructing two new
crossovers, which will necessitate the removal of two mature Elm trees within the road
reserve. This is discussed further below.
Street trees
The Citys Parks and Natural Environment Unit did not support the removal of street
trees to facilitate access to the proposed development. It was noted that whilst the trees
in question are in decline and will require removal over the coming years, the proposal
does not allow for the satisfactory replacement of these trees, leading to a net loss of
trees from the streetscape and depletion of the avenue of Elm trees over time.
It is the Parks and Natural Environment Units preference that, in the event that the trees
are removed, that replacement Elm trees are replanted in 10 metre spacings, as is
existing in Wattle Street. Whilst the applicant has provided a plan showing proposed
replacement trees at 7 metre spacings within the naturestrip, this is far too close for large
trees such as Elms. Parks and Natural Environment also advised that trees should be
replaced in the roadway between the parking bays, as opposed to within the naturestrip,
in order to maximise the eventual canopy/shade cover over the very wide road and
expanse of black asphalt.
Council adopted the Bendigo Amenity Tree Valuation Methodology at its meeting on 16
August 2017. Should the two trees be removed, charges of $14,596 and $30,754 would
apply respectively, based on the valuation under this methodology. In the event that
Council issues a permit for the proposal, these charges should be included as conditions
of permit.
Heritage
The site is affected by a Heritage Overlay, and falls within HO12 Short Street Precinct.
The purposes of the Heritage Overlay include conserving and enhancing heritage places
of natural or cultural significance, and ensuring that development does not adversely
affect the significance of heritage places.
The statement of significance for this precinct is contained within the Bendigo and
Eaglehawk Heritage Study. It states that This precinct contains some of Bendigos most
prestigious private residences, typically grouped close to the citys key ecclesiastical
buildings. It contains some of the first residential allotments sold in the township and
some of the earliest church buildings and reserves.
The individual excellence of many of these building designs is underscored by the hilly
terrain which allows spectacular prominences for both house and church siting and
provides for picturesque groupings of one building type against the other, offering
visually inspiring variations of scale and siting which is nevertheless unified within the
language and ornamentation of the 19th and early 20th century architecture.
Combined with the contribution of individual buildings is the associated roadside detail in
the form of planting and garden wall using brick and stone, and matching protrusions of
natural stone often occurring at the street edge.
PAGE 61
Consideration has been given to the relevant decision guidelines of this overlay
including:
The significance of the heritage place and whether the proposal will adversely affect
the natural or cultural significance of the place.
Whether the location, bulk, form or appearance of the proposed building will
adversely affect the significance of the heritage place.
Whether the location, bulk, form and appearance of the proposed building is in
keeping with the character and appearance of adjacent buildings and the heritage
place.
Whether the proposed subdivision will adversely affect the significance of the heritage
place.
Whether the proposed subdivision may result in development which will adversely
affect the significance, character or appearance of the heritage place.
In addition, the application has been assessed against the Citys Heritage Policy at
Clause 22.06 and the Greater Bendigo Heritage Design Guidelines, August 2015, an
Incorporated Document within the Planning Scheme.
While the proposed dwelling responds to the context of the heritage precinct and nearby
contributory buildings in terms of scale and massing, and a contemporary design is
acceptable within a heritage precinct, the main concern with the proposal is that the
subdivision is not consistent with the predominant pattern of development in the precinct
and does not allow for sufficient spacing between dwellings.
Despite the Heritage Advisors view that the existing dwelling does not require a larger
curtilage, the proposed subdivision is not consistent with the Greater Bendigo Heritage
Design Guidelines.
The Citys Heritage Design Guidelines for subdivision state that:

Subdivision should result in development that respects the existing rhythm/pattern
of surrounding buildings and spaces between them.
Subdivision should allow for the appropriate siting, solar access, private open
space, landscaping, vehicle access, parking, water management and easements
within the heritage place.
Subdivision should maintain the setting and curtilage of the heritage place with the
curtilage being in scale to the building. While each case will be assessed on its
merits taking into account significance of the heritage place and size and siting of
the existing dwelling, a curtilage of 3 metres to the rear is considered a minimum.
For miners cottages a curtilage of 6 metres to the rear is recommended. Side
curtilage will depend on the existing pattern of development in the street and the
relationship of buildings to open space between buildings.
Subdivision is discouraged where it will adversely affect the inter-relationship
between groups of significant or contributory heritage buildings.
PAGE 62
Figure 13: Example of subdivision which maintains the setting and curtilage of a heritage place and
provides for appropriate siting, private open space, landscaping, parking and vehicle access. (Source:
Heritage Design Guidelines, August 2015).
Figure 14: Example of discouraged subdivision which does not maintain a suitable setting and curtilage of
a heritage place. (Source: Heritage Design Guidelines, August 2015).
The existing pattern of development along Wattle Street and within the immediate area is
that each heritage dwelling has a garden setting with space around the dwelling. The
proposed development would result in the loss of a rear yard for the existing dwelling
with minimal space provided between the existing and new dwellings.
The proposed vehicle access for both lots will require removal of street trees, resulting in
impacts on the existing avenue of street trees. The location of proposed car parking and
the private open space for the existing dwelling are not considered ideal as these will be
within the front setbacks. The only north facing window for the existing dwelling is also
required to be screened to prevent views to the living room from the proposed dwelling,
as such solar access is compromised.
The proposed subdivision provides for a curtilage of 1 metre for the existing dwelling and
its eaves protrude by approximately 600mm into this space. The curtilage allowed for the
existing dwelling is not sufficient to maintain the setting of the heritage place, and the
subdivision and development does not respect the existing rhythm or pattern of the
surrounding development and spaces between buildings. The proposal does not allow
for an appropriate site layout with regard to private open space, car parking and vehicle
access within the heritage place.
PAGE 63
Overall, the proposal is not an appropriate heritage outcome and will adversely affect the
significance of the heritage place.
Rescode
Clause 55 sets out the relevant standards and objectives to assess internal and external
amenity provision/protection, neighbourhood character/design detail and building siting
considerations (i.e. site coverage, overshadowing, wall heights, boundary setbacks, etc.).
Clause 56 sets out the standards and objectives for residential subdivisions. Compliance
with the objectives of Clause 55 and Clause 56 are a mandatory requirement for
residential developments within the General Residential Zone.
The proposal generally complies with the Rescode objectives for residential policy,
infrastructure, integration with the street, street setback, site coverage, permeability,
open space, noise impacts, internal views, daylight to new windows, accessibility, design
detail, front fence, site services, storage, overlooking and overshadowing.
With regard to the objection received, the proposal also complies with the requirements
for daylight to existing habitable windows. While the development will be built to the
boundary and block light to glass brick windows on the adjoining motel building, these
are bathroom windows and not classed as habitable rooms under the Planning Scheme.
The windows are not openable and therefore are not required for ventilation purposes. It
is further noted that the motel is within a Commercial 1 Zone and its purpose is to
provide for short term accommodation, as such it cannot be expected that the same level
of amenity would exist in comparison to a dwelling in a residential zone.
The objection is also concerned about the potential loss of views to the Sacred Heart
Cathedral, however VCAT has consistently held that there is no right to a view.
There are a number of areas in which the proposal fails to comply with ResCode
standards, which are detailed below. While Council is able to accept a variation to
Rescode standards if it believes a proposal will produce an acceptable outcome overall,
the number of concerns with this proposal indicates that the proposal is an
overdevelopment of the site.
Clause 55.02-1 Standard B1 - Neighbourhood character

Wattle Street and the surrounding residential area is characterised by heritage dwellings
set within gardens. Dwelling styles and materials vary according to era. Roof forms are
typically hipped or gabled forms.
The proposed development will present to Wattle Street and Wattle Square. While the
design of the dwelling is contemporary and not reflective of the surrounding heritage
dwellings, this is not necessarily inappropriate. However, the minimal spacing allowed
between the existing and proposed dwellings on the site is of concern and not reflective
of the pattern of development in the surrounding area.
PAGE 64
Clause 55.03-2 Standard B7 Building height

The maximum height allowed under this standard is 10 metres as the site has a fall
greater than 2.5%. The overall wall height is 10 metres, however the roof top deck area
and parapets protrude above this. The plans show a maximum height of 11 metres to the
top of the roof deck for the new dwelling. There is potential to reduce the overall height of
the building in order to comply with the standard; however the height of the dwelling is
not the principal concern with this application. The slope of the land and existence of a
commercial development and a public open space reserve adjoining the site mean that
the height of the development will not result in significant adverse amenity impacts.
Clause 55.03-5 Standard B10 Energy efficiency

The new dwelling will achieve good energy efficiency, however the solar access for the
existing dwelling and the private open space is not optimum, with the only north facing
window required to be screened to prevent views from the new dwelling into a habitable
room, and the private open space oriented to the east and south of the dwelling.
Clause 55.03-7 Standard B12 Safety and Clause 55.05-2 Standard B26 Dwelling
entry
These standards requires that the layout of a development provides for the safety and
security of residents and property and discourages obscured or isolated entrances. The
entrance to the new dwelling is obscured from the internal accessway by a high wall
enclosing a courtyard and therefore not visible from the street, however it could be
argued that this enclosed entrance will provide increased security for residents.
Clause 55.03-9 Standard B14 Access

The proposed crossovers will take up approximately 28% of the frontage, which is within
the allowable 33% under this standard, however the proposal will result in the loss of 3
on-street car parking spaces. Should the application be approved, there is potential to
provide for some additional parking bays in Wattle Street. Any new spaces would be
required to be line marked by the developer at their cost, to the Citys satisfaction.
Clause 55.03-8 Standard B13 Landscaping

The proposal provides for minimal landscaping opportunities for the new dwelling due to
the site coverage and setbacks. The proposal seeks to provide for landscaping within
balcony and roof top deck areas to compensate for this. An indicative landscaping plan
has been submitted with the application.
Clause 55.04-1 Standard B17 Side and rear setbacks

The proposed dwelling does not meet the required setback and objective under this
standard. The standard requires a setback of 5.09 metres to the southern and eastern
boundary (where the building is not built on the boundary), whereas the proposal
provides for a setback of 1 metre.
The overall objective to be met for side and rear setbacks is to ensure that the height and
setback of a building from a boundary respects the existing or preferred neighbourhood
character and limits the impact on the amenity of existing dwellings.
PAGE 65
With regard to the decision guidelines for this objective, the side and rear setbacks will
not have an amenity impact on the adjoining dwelling and the adjoining motel in terms of
habitable room windows and secluded private open space, and it is acknowledged that
there are existing high walls on both the southern and northern boundaries. However, the
proposed setbacks are not consistent with the existing neighbourhood character, as the
siting of the new dwelling does not respect the established pattern of spacing between
dwellings in the surrounding area.
Clause 55.04-2 Standard B18 - Walls on boundaries

The proposed dwelling exceeds the allowable length and height of a wall on a boundary
under this standard.
The standard allows building on the western boundary for a maximum length of 13.36
metres and to a height of 6.8 metres, which is the height of the wall on the adjoining
building. The western wall of the dwelling will have a height of 10 metres for a length of
approximately 22.5 metres. The eastern wall of the dwelling at 10 metres will also
exceed the allowable height under this standard.
The overall objective of this clause is to ensure that the location, length and height of a
wall on a boundary respects the existing or preferred neighbourhood character and limits
the impact on the amenity of existing dwellings. The length and height of the walls on the
boundaries are unlikely to result in adverse amenity impacts, and there are other
examples of high walls on boundaries in the vicinity of the site.
Clause 55.05-4 Standard B28 - Private open space
This standard requires the provision of 40 square metres of private open space at ground
level, with at least 25 square metres of this being secluded private open space provided
at the side or rear of the dwelling, accessible via a living area and with a minimum
dimension of 3 metres.
The location of the private open space for Lot 1 is a concern, in that the area is not
private as there are views to it from both the street and the adjoining park. No part of the
private open space is secluded. The amenity of this space is therefore a concern. While
the amount of private open space is met and it is located at the side of the dwelling, its
useability for the reasonable recreation and service needs of residents is questionable as
it is not private. A high fence around this space, adjoining the street and reserve would
not be an appropriate design response either.
Clause 56 Residential subdivision
Clause 56.03-5 Neighbourhood character objective

The objective of this clause is to design subdivisions that respond to neighbourhood
character. The standard states that subdivisions should: respect the existing
neighbourhood character or achieve a preferred neighbourhood character consistent with
any relevant neighbourhood character objective, policy or statement set out in this
Scheme, respond to and integrate with the surrounding urban environment and protect
significant vegetation and site features.
PAGE 66
The proposed subdivision does not respect the neighbourhood character as it doesnt
allow for sufficient spacing between the dwellings, and in particular sufficient curtilage
around the heritage dwelling to maintain the heritage qualities of the site, consistent with
the pattern of development in the wider precinct.
Clause 56.04-2 Lot area and building envelopes

Lot 2 does not provide for a rectangle of 10 by 15 metres, and the development
proposed as part of this application has demonstrated that a number of Rescode
Standards are not met.
The proposed subdivision is also likely to create a situation where the existing dwelling
wont comply with Building Regulations relating to setbacks, as the subdivision only
provides for a 1 metre rear and side setback to the boundary with the eaves encroaching
600mm into this space, when a minimum setback of 1.82 metres would be required.
Clause 56.04-3 Solar orientation of lots

The lots will receive satisfactory solar access, although it is noted that the existing
dwelling has poor solar access.
Clause 56.04-5 Common areas

No common property areas are proposed as part of the subdivision.
Clause 56.06-8 Lot access

The design and construction of the new crossovers would need to meet the requirements
of the Infrastructure Design Manual.
Clause 56.07-1 Drinking water supply

The site can be serviced with reticulated potable water by Coliban Water.
Clause 56.07-2 Reused and recycled water

Reticulated recycled water is not available in this locality.
Clause 56.07-3 Waste water management

The site can be serviced with reticulated sewerage by Coliban Water.
Clause 56.07-4 Urban run-off management

Each lot would be required to connect to the Citys drainage system.
Clause 56.08-1 Site management

Should a permit issue, a Construction Management Plan should be required as a
condition of permit.
Clause 56.09-1 Shared trenching

Shared trenching can be utilised where appropriate.
Clause 56.09-2 Electricity, telecommunications and gas
PAGE 67
The site can be fully serviced with electricity, telecommunications and gas.
General Residential Zone
The purposes of the zone include encouraging development that respects the
neighbourhood character of the area, and encouraging a diversity of housing types and
housing growth particularly in locations offering good access to services and transport.
The decision guidelines for subdivisions under this zone at Clause 32.08-12 also require
consideration of the pattern of subdivision and its effect on the spacing of buildings.
As noted previously, while the site is well located and planning policy encourages
additional infill development in such locations, and diversity in housing types and styles,
the proposal fails to respect the neighbourhood character as the site layout does not
allow sufficient spacing between the existing and proposed dwelling, which will disrupt
the rhythm of development in the precinct and will result in reduced amenity for the
existing dwelling.
Conclusion
While the site is well located within central Bendigo to take advantage of existing
infrastructure, services and facilities, public open space, schools and transport, and
planning policy supports higher density development close to activity centre locations;
the General Residential Zone, Clause 22.11 and Clauses 55 and 56 of the Planning
Scheme require that new development respects the neighbourhood character of the
area.
The proposed subdivision is not consistent with the predominant pattern of development
in the precinct and would not allow for sufficient spacing between dwellings. The
proposed development also fails to comply with several Rescode standards and
objectives, and the amenity of the existing dwelling will be compromised. These areas of
concerns indicate that the proposal is an overdevelopment of the site.
This application should be refused on the basis that it represents an unacceptable

planning outcome with regard to neighbourhood character, ResCode, Councils Heritage
Policy and the Heritage Overlay.
Options
Attachments
Objection
PAGE 68
2.4 1469 CALDER HIGHWAY, MARONG 3515 - APPROVAL OF A

DEVELOPMENT PLAN FOR THE USE AND DEVELOPMENT OF
LAND FOR A UTILITY INSTALLATION; TWO LOT SUBDIVISION;
REMOVAL OF NATIVE VEGETATION FROM THE ROAD RESERVE
AND CREATION OF ACCESS TO ROAD ZONE CATEGORY 1
Author Chris Duckett, Coordinator Planning

Director
Summary/Purpose
Application details: Approval of a development plan for the use and development
of land for a utility installation; two lot subdivision; removal of
native vegetation from the road reserve and creation of
access to Road Zone Category 1
Application No: PD/95/2017
Applicant: Enwave Regional Energy (Victoria) Pty Ltd
Land: 1469 Calder Highway, MARONG 3515
Zoning: Township Zone
Road Zone 1
Overlays: Development Plan Overlay 6
Consultation A consultation meeting was held on 20 June 2017 attended
meeting: by two objectors, the applicant and their consultant and three
Ward Councillors.
Key considerations: Is the site an appropriate location for the facility
What are the potential amenity issues
Is there a safety risk associated with the facility
Will the proposal have an adverse visual impact on the
area.
Conclusion: The proposal on balance complies with the Planning Scheme
and it is recommended that the development plan be
approved.
PAGE 69
RECOMMENDATION
That the Greater Bendigo City Council approve the development plan and associated
documentation prepared and submitted by Echelon Planning received and date stamped
16 February 2017 and 17 July 2017.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context

where we live.
Brookfield Regional Networks (BRN and TasGas) have entered into an agreement with
the State Government to deliver natural gas to 11 regional towns, including Marong.
Gas will be supplied from a high pressure Natural Gas Transmission Pipeline to a
Mother Station, where it is compressed and held in storage. The Mother Station has
been approved at 14 Abel Street, Golden Square.
Gas is then trucked to a Daughter Station which is located on the edge of townships.
The gas is then reticulated into the local town by pipe.
The system is effectively an alternative gas distribution solution to the more expensive,
traditional gas pipeline.
This proposal seeks approval to locate the daughter station for Marong at 1469 Calder
Highway.
Approval process
Under consideration in this report is the approval of a development plan for the use and
development of land for utility installation, 2 lot subdivision of land, removal of native
vegetation from the road reserve and creation of an access to a Road Zone Category 1.
A concurrent planning application has also been submitted for the proposal. The
documents and considerations for the development and planning application are
essentially the same. However the process of considering and determining a
development plan differs from the processing of a planning application.
PAGE 70
A development plan has three purposes:

(a) To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
(b) To identify areas that require the form and conditions of future use or development to
be shown on a plan before a permit can be granted to use or develop land; and
(c) To exempt a planning permit application from notice and review if it is generally in
accordance with an approved development plan.
There is no specific requirement in the Planning and Environment Act or the Planning
Scheme that notice must be given before a development plan is approved. This is
generally because the Development Plan Overlay and the schedules would have been
through a strategic planning process at which time the local community would have had
an opportunity to comment.
Notwithstanding that there is no formal notification process, it is Council policy to

advertise and seek submissions on development plans and that is what has occurred in
this instance.
As the planning application for the proposal that has been submitted is generally in
accordance with the submitted development plan it will be exempt from notice and
review. If Council resolves to approve the development plan officers can proceed to
issue a planning permit.
Report
The subject site included in this application is an irregular parcel of land with an area of
40,625 square metres. The site has frontages to the Calder Highway and Landry Lane.
There is a dwelling located in the north eastern corner of the site with some remnant
vegetation and a dam also present. However the application includes a subdivision
component to create a smaller parcel of land.
In terms of the surrounding area land to the north and to the east is generally vacant land
which is zoned Township. Land to the west is zoned Farming and to the south is a
caravan park (Big 4) which is zoned Special Use (tourism facility). A zoning map is
shown below in Figure 2.
PAGE 71
Figure 1: Location map showing subject site. 4 objections were received from the caravan park marked
with a star and 1 from the Marong Community Action Group.
Figure 2: Zoning map
Proposal
This development plan application seeks to locate a utility installation on a parcel of land
with a total area of 3,595 square metres which is proposed to be subdivided from the
remainder of the site. The balance lot would be 3.703ha.
PAGE 72
Figure 3: Overall plan showing proposed subdivided lot in yellow.
The proposed utility installation will be the daughter station described above and will be
located within a compound on the subdivided lot. The compound would have an area of
1,013 square metres. The remaining area of the lot (2,582 square metres) would be
used for access and egress to the compound and an area of land to the rear which would
be used to alleviate potential flood impacts.
The utility installation will have associated buildings and works within the fenced
compound including a control hut, water tank and lighting. The lighting will be operated
by automatic censor operated as trucks arrive. A series of compressed natural gas
bottles will be stored centrally on site and they will be connected into the reticulation
system.
The site will be unmanned and cylinders will be periodically brought to the site by a B-
Double truck. The gas will be delivered based on uptake. This means initial truck
movements will be very low. As natural gas uptake increases, deliveries will be increased
to a predicted maximum of one per week. This figure takes into account predicated
population growth in Marong.
Vehicular access and egress will be via an in-out arrangement from Calder Highway. A
plan showing the layout is shown below in Figure 4.
PAGE 73
Figure 4: Plan of compound and access and egress
The compound fencing which will be the most prominent feature of the site is shown in
the colour coded plan in Figure 5 and elevations in Figure 6 below and has the following
characteristics:
Length of 34m and width of 27m
2.45m high security chainlink style fencing with barbed wire atop (blue in Figure 5)
2.45m high security chainlink style fencing with shade cloth on rear and part
returns/gates (purple in Figure 5)
Decorative screening panels 2.32m x 3.18m along the frontage and part side returns
(yellow in Figure 5).
It is also proposed to extend the length of the existing boundary fence in steel to the
south and the site will be landscaped in the areas shown in Figure 5.
At its closest point the compound will be located 9.5m from the caravan park. The
distance between the compound and balance lot will be 21.5m on the western boundary
and 24.1m on the northern boundary. The compound fencing would have a zero setback
to the eastern boundary (Calder Highway).
PAGE 74
The native vegetation that is to be removed is 0.013 ha scattered vegetation which is

located in the road reserve.
Figure 5: Fencing plan
Figure 6: Fencing elevations
PAGE 75

11.02 Urban growth
11.04-6 A state of cities
11.05-4 Regional planning strategies and principles
11.12 Loddon Mallee South regional growth
12.01-2 Native vegetation management
15 Built environment
19 Infrastructure
Other Provisions
32.05 Township Zone
43.04 Development Plan Overlay
52.17 Native vegetation
52.29 Land adjacent to a Road Zone Category 1
Why a planning permit is required
A permit is triggered under the Planning Scheme as follows:

1. The use of the land for a utility installation requires a permit under clause 32.05-1 of
the Township Zone. A utility installation as defined in the planning scheme includes
the transmission or distribution of gas.
2. Buildings and works associated with the use require a permit under clause 32.05-8.
3. Subdivision of land under clause 32.05-4.
4. Removal of native vegetation under clause 52.17.
5. Creation of an access to a Road Zone Category 1 under clause 52.29.
Referrals
The following authorities and internal departments have been consulted on the
concurrent planning application:
Referral Comment
VicRoads No objection subject to conditions
Department of Environment, No objection subject to conditions
Land, Water and Planning
(DELWP)
Traffic and Design No objection subject to conditions
Drainage No objection subject to conditions
PAGE 76
Referral Comment
Regional Sustainable The proposal is supported as it is consistent with key
Development Unit (CoGB) strategic directions applying to Marong as well as the
initial principles that have been established for the
preparation of the Marong Structure Plan.
Public Notification
Informal notice of the development plan was given to the owners of the caravan park as
the single adjoining property and to two properties on the opposite side of the Calder
Highway. A public notice was also placed on site.
Initially, 2 objections were received to the proposal, however, after a consultation

meeting was held, 3 further objections were received from residents of the caravan park.
The grounds of objection raised are summarised as follows:

Location of the facility;
Safety issues;
Lighting;
Noise and fumes from tankers;
Traffic hazard;
Appearance of the facility;
Impact on future residential development;
Impact on property value.
As a result of the consultation meeting the applicant made some changes to the plans to
try and address some of the objectors' concerns. The changes were as follows:
Increase in the amount of landscaping;
Enhanced screening;
Extension of the steel fencing on the southern boundary to the caravan park;
Addition of shade cloth to the fences on the compound.
The amended plans were circulated to all objectors by the applicant. Subsequently, one
of the residents of the caravan park withdrew their objection.
Planning Assessment
Is the use supported by State and local planning policy?
The State Planning Policy Framework includes a section at clause 11.14 Loddon Mallee
South which requires consideration of the regional growth plan and has sub-clauses
which support sustainable population in small towns including Marong.
In the Local Planning Policy Framework clause 21.05 Compact Greater Bendigo
promotes small towns as an important contributor to population growth in the context of
urban containment.
PAGE 77
Clause 21.05 also identifies the preparation of a precinct structure plan for Marong as
further required strategic work. Work has commenced on the Marong Structure Plan and
the first draft has been through a public consultation process.
The draft structure plan has identified the site and the surrounding land as suitable for
being rezoned to the General Residential Zone. However the weight that can be placed
on the structure plan as a decision making tool is minimal. This is because the plan is at
an embryonic stage and has not been subjected to the rigor of a Planning Scheme
amendment process.
It is clear that there is strong policy support for population growth in Marong and that
growth is already occurring as evidenced by a number of large subdivisions currently
planned or under construction. The provision of a reticulated gas supply in the town will
enable further residential and commercial development and therefore a proposal that
facilitates such an outcome is both supportable and desirable from a policy perspective.
Notwithstanding the policy support for the use there are a number of other issues that
require careful consideration before the development plan can be approved. These are
considered below.
Is the proposal appropriate in the Township Zone
The Township Zone is classed as a residential zone in the Planning Scheme. However it
differs from standard residential zones in that it is commonly applied in small country
towns where a mix of land uses occur throughout the urban area. Consequently the
zone allows, (subject to approval of a planning permit), uses such as offices and industry
that are prohibited in other residential zones.
The Township Zone has the following purposes:

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To provide for residential development and a range of commercial, industrial and
other uses in small towns.
To encourage development that respects the neighbourhood character of the area.
To allow educational, recreational, religious, community and a limited range of other
non-residential uses to serve local community needs in appropriate locations.
As discussed above the proposal would assist in implementing relevant State and local
policy. The proposal also provides for a use which accords with the flexible nature of the
range of uses allowed in the zone.
Whilst it is possible that forward planning will see the site and surrounding area in the
General Residential Zone this is by no means a certainty. However it does seem likely
that some form of residential development through subdivision of land will occur in the
area. Therefore a key question, is whether the proposal is compatible with a residential
area and the adjoining caravan park, albeit that is primarily a tourism facility.
The main issues related to this question of compatibility, including concerns raised by
objectors, are discussed below.
PAGE 78
Visual impact/character considerations
The visual impact of the proposed facility is an important consideration due to the
prominent location of the site on an arterial road and also due to its proximity to the
caravan park and likely future residential development.
The structures associated with the facility are relatively low scale with the compound hut
being 3m in height and the lighting 5m in height. As the fencing and associated
screening will be between 2.32m and 2.45m, only a small element of the structures will
be visible external to the compound. Therefore it is the appearance of the fencing and
screening which has a greater visual impact.
The applicant has responded to initial concerns raised by officers and later by objectors
in terms of the visual impact by providing the decorative screening, addition of shade
cloth and an increase in the amount of landscaping.
From an urban design perspective the proposed design has some merit in that the
materials and landscaping proposed would improve the appearance of a compound
which would otherwise have an industrial looking appearance.
Assessment of the impact of the facility on neighbourhood character is not

straightforward as the rural character that it evident today is highly likely to change to one
of a more urban character in the future. Furthermore, at this point in time there is no
guidance in the Planning Scheme as to what the preferred character for this part of
Marong is going to be. Added to this, the caravan park has a visual presence of its own
which differs from typical residential character.
There is no doubt that the visual impact of the facility will be quite significant and whether
it is acceptable is a finely balanced question. It is accepted that an argument could be
made for locating the facility in a less prominent location and this issue is discussed
below.
Are there better locations in Marong for the facility?
The objectors have questioned whether there is a better location for the facility and have
referenced the collaborative process of the structure planning process as an example of
stakeholders working well together to achieve the long-term goals for Marong.
The applicant has advised that they have undertaken a thorough review of available sites
within Marong as part of the site selection process and they do accept that it is not a
perfect location. However the site was chosen due to the limited amount of industrial
land in Marong, the need to be proximate to the existing township and general lack of
alternative suitable sites.
Following concerns raised by the objectors, the Citys Regional Sustainable

Development Unit have further reviewed whether there are other alternative sites
available in Marong and whether the applicant would consider these. Their conclusion is
that there are limited if any other available suitable sites in the required timeframe in
Marong. The applicant has subsequently advised that they would like a decision on this
site to be made by Council.
PAGE 79
Off-site amenity considerations
A number of amenity concerns have been raised by residents including lighting, noise
and fumes.
The applicant has confirmed that lighting will be triggered by a censor when the truck
arrives. As most deliveries will be in daylight, any amenity impact from the light poles will
be minimal and appropriate conditions relating to hours and light spill would be placed on
any planning permit that is issued.
The noise and fumes associated with the facility would mostly be generated by truck
movements. In light of the low number of vehicle movements that the use will generate
in the vicinity of a highly trafficked arterial road and the separation distance to adjoining
properties it is considered that any amenity impacts from the trucks would be acceptable.
Noise controlling conditions can also be imposed on the planning permit as an extra
precaution.
The applicant advises that any noise from the connection of the gas cylinders would be
similar to an air conditioning unit.
Traffic hazard
Objectors are concerned that as Marong grows so will the number of gas deliveries by
trucks and that this will create a traffic hazard.
The proposal has been considered by VicRoads as the controlling road authority as well
as the Citys traffic engineers. Neither have raised any concerns subject to detailed
design plans for works to the Calder Highway.
Safety of the gas facility
This is an understandable concern that relates to a potential explosion proximate to the

caravan park and future dwellings. The applicant has advised the following in regards to
safety:
Gas utility installations are common throughout populated areas including in

schools and hospitals. The design of the facility is such that risk of leakage is
extremely unlikely. Leakage surveys, automated controls, odorant and
integrated safety features are integral in the design and risk mitigation
throughout the design and construction phases.
The site will be subject to 24 hour, 7 day a week remote monitoring, which
includes CCTV and a gas leak detection system in place. Enwave are also
obligated to respond immediately in the event of any public reported leak in the
township. In addition to the above mentioned active monitoring and response,
the site will be physically inspected on a frequent basis. A formal Hazard &
Operability Study is undertaken for each site.
Some additional information about the technical aspects of Compressed

Natural Gas:
PAGE 80
The storage is located in accordance with prescribed separation distances

by Australian Standards which mitigate the risk of injury to public in the event
of a fire.
Natural Gas has a low flammability range. The amount of gas needed to be
in the air to burn, is between 5 & 15%. If its more or less than that, it cant
ignite.
High volume escapes are unlikely due to the integrity of the pipework and
componentry which is also built to Australian Standards.
Unlike LPG, natural gas is lighter than air and will dissipate into the
atmosphere in the unlikely event of a leak.
Also, unlike LPG, compressed natural gas (CNG) cannot BLEVE as it is not
stored as a liquid. BLEVE is a boiling liquid expanding vapour explosion
which is what can happen if an LPG cylinder ruptures.
It is considered that there will be sufficient safety measures in place to manage any risks
associated with the facility.
Flooding and drainage issues
There are known existing drainage issues in the area and the concerns are that the
facility may exacerbate the situation. The Citys drainage engineer has reviewed the
proposal and is satisfied that the stormwater run-off and drainage can be managed
through the submission of appropriate drainage plans. This would be a condition of any
planning permit approved.
Loss of property value
A long standing position by VCAT holds that other than in exceptional cases, and where
clear evidence can be presented, loss in property value will not be entertained as a
ground of objection.
Removal of native vegetation
The vegetation proposed to be removed has low biodiversity value and has been
deemed as appropriate for removal subject to the provision of vegetation offsets.
Conclusion
This proposal would have significant benefits for the residents and businesses of the
township of Marong. Whilst it is recognised that the site is not the ideal location in terms
of current Planning Scheme requirements it is an acceptable location.
Any amenity impacts can be managed through planning permit conditions and the visual
impact of the compound, whilst being noticeable in the streetscape, has been treated in
such a way as to make the appearance acceptable.
Options
resolve to approve or refuse the development plan.
PAGE 81
Attachments
Objections
PAGE 82
2.5 176 MIDLAND HWY, 16-20, 22-24 & 26-28 HOWARD ST, EPSOM -
USE OF LAND FOR SHOPS (EX. 2000 SQ.M), A GYM, A CAR WASH,
CONSTRUCTION OF BUILDINGS, ADVERTISING SIGNAGE,
ALTERATIONS OF ACCESS TO ROAD ZONE, CATEGORY 1 AND A
REDUCTION IN CAR PARKING REQUIREMENTS
Author Chris Duckett, Coordinator Planning

Director
Summary/Purpose
Application details: Use of land for shops (exceeding 2000 square metres), a
leisure and recreation facility (gym), a car wash, construction
of buildings and works, advertising signage, alterations of
access to Road Zone, Category 1 and a reduction in car
parking requirements
Application No: DU/99/2017
Applicant: A Panayi
Land: 176 Midland Hwy, 16-20, 22-24 & 26-28 Howard Street,
Epsom
Zoning: Commercial 1 Zone
Overlays: Design and Development Overlay 4
Consultation No formal meeting was held due to the nature of the
meeting: objections. However a discussion meeting was arranged and
one objector, the owner of a local gym, attended.
Key considerations: The validity of the objections
Whether there is policy support for the proposal
Urban design issues
Traffic and parking
Conclusion: The proposed use and development is an acceptable outcome
with regards to the relevant Planning Scheme provision and is
recommended for approval.
PAGE 83
RECOMMENDATION
City Council resolve to issue a Notice of Decision to Grant a Permit for the use of land for
shops (exceeding 2000 square metres), a leisure and recreation facility (gym), a car
wash, construction of buildings and works, advertising signage, alterations of access to
Road Zone, Category 1 and a reduction in car parking requirements at 176 Midland Hwy,
16-20, 22-24 & 26-28 Howard Street, Epsom subject to the conditions at the end of this
report.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context

Goal 3: Strengthening the economy
Advocacy, innovation and support to grow jobs, attract visitors and diversify the local
and regional economy.
where we live.
Report
This site comprises lots with the following addresses:

176 Midland Highway
16-20 Howard Street
22-24 Howard Street
26-28 Howard Street
All the lots are vacant and are part of the existing Epsom shopping centre. The centre is
anchored by a full-line supermarket and features several other retail units including a
smaller discount supermarket. This development is intended to integrate with the
shopping centre and will be the final stage of the development.
The surrounding land uses vary as follows:

To the western side of the Midland Highway, a number of dwellings which are zoned
for commercial use and industrial land, some of which is vacant and some with
buildings;
To north and north east is residential land, some vacant and some built out with
dwellings;
To the south-west of the site on Midland Highway are further dwellings which are
zoned commercial;
To the south on Howard Street is another mix of commercial and industrial land.
PAGE 84
Figure 1: Location map showing subject site. Objectors properties marked with a star. The other 10
objectors properties are beyond the scope of the map.
Proposal
Use
A planning permit is required for the following uses:

1. Retail/shops (exceeding 2000 square metres leasable floor area)
2. Leisure and recreation facility (gym)
3. Car wash
In most cases the use of land for retail purposes does not require a planning permit in
the Commercial 1 Zone. However, in certain shopping precincts a cap on the amount of
floorspace that can be occupied without a planning permit has been imposed.
The reason a cap is imposed is to consider any strategic implications in relation to the
existing supply of commercial floorspace. The floorspace cap at the Epsom Village
Centre is 2,000 square metres.
Development
The development component comprises a series of buildings and associated works

across the site. Figure 2 below shows the proposed works in plan form and they are
described under the headings below with further relevant images.
PAGE 85
Figure 2: Master plan showing proposed development areas in pink and blue
Building B1: 176 Midland Highway
A two storey building fronting Midland Highway with pedestrian access from the car park
and corner plaza. The design features include a double height glazed entrance from the
pedestrian plaza and a green wall fronting Midland Highway. The building will comprise
the following;
Ground floor retail (938m2)
First floor gym (538m2)
Building B2: 176 Midland Highway
A two storey building fronting Howard Street with pedestrian access from the car park,
corner plaza and Howard Street. The design will also feature a double height glazed
entrance from the plaza and will comprise the following;
Ground floor retail (735m2)
First floor office (453m2)
PAGE 86
Figure 3: Buildings B1 and B2 viewed from corner of Midland Highway and Howard Street
Building C: 16-20 Howard Street
A single storey building within the car park fronting Market Garden Circuit with pedestrian
access from the car park and a corner plaza overlooking the park. The building will
comprise the following;
Retail/cafe (452m2)
Figure 4: Building C viewed from car park looking towards the park.
PAGE 87
Building D: 26-28 Howard Street
A part one and two storey building fronting Howard Street with pedestrian access from
the car park, and Howard Street. The design will also feature a double height glazed
entrance from Howard Street with a mezzanine floor, a green wall and will comprise the
following;
Retail/cafe (426m2)
Figure 5: Building D from Howard Street and entry to shopping centre
The total amount of floorspace proposed is 3,542 square metres. The hours of operation
and loading and unloading are expected to follow similar arrangements as for businesses
within the Epsom shopping centre.
Carwash: 22-24 Howard Street
It is proposed to use and develop land for a car wash which will interface with Howard
Street whilst being internally accessed from the car park.
The car wash will feature a variety of coloured cladding and include the following;
5 car wash bays
6 vacuum bays
1 dog wash
A launderette
Plant room
Storage
Timber feature fencing
Landscaping
It is also proposed to extend the landscaping and timber feature along Howard Street to
include the existing petrol station.
PAGE 88
Figure 6: View of car wash from Howard Street
Alterations to existing faade 16-20 Howard Street
It is proposed to spruce up the existing full-line supermarket faade with a variety of new
materials and colours which will bring it more into line with the design of the remainder of
the existing and proposed buildings. An extension to the supermarket (shown pink in
Figure 2 above) has already been approved under another planning permit.
Figure 7: View of proposed supermarket faade.
Alterations to car park
PAGE 89
The alterations to the car park involve the removal of a pedestrian and landscaped area
and creation of additional spaces. Building C will result in the removal of some spaces.
The total car parking provision for the whole centre would be:
Use Scheme Rate Parking Provided

Existing supermarkets 5/100 239
Existing other retail 4/100 72
Existing caf 4/100 3
Existing mini-major 4/100 24
Existing child care centre .22 per child 20
Proposed retail/cafe 4/100 93
Proposed gym 4/100 21
Proposed office 3.5/100 15
Total spaces required 526
Total spaces provided 461
Reduction sought 65 spaces
Alterations of an access to a Road Zone, Category 1
Two existing vehicular accesses to former dwellings fronting Midland Highway will be
closed off as a result of the development.
Signage
The proposed signage would include a variety of different signs which advertise the
centre and the individual tenancies. The full details of the signs can be found on file on
plan numbers TP37 to TP40 inclusive. Some of the signs are proposed to be illuminated
24/7.

Clause 11.01-2 Activity centre planning
Clause 11.02 Urban growth
Clause 11.04-6 A state of cities
Clause 11.05-4 Regional planning strategies and principles
Clause 11.12 Loddon Mallee South regional growth
Clause 13.02 Floodplains
Clause 15.01 Urban environment
Clause 15.02 Sustainable environment
Clause 17 Economic development
PAGE 90

Clause 21.04 Strategic Directions
Clause 21.05 Compact Greater Bendigo
Clause 21.07 Economic Development
Clause 21.09 Integrated Transport and Infrastructure
Clause 21.10 Reference documents
Clause 22.08 Highway Entrances and Boulevards Policy
Clause 22.29 Advertising and Signage Policy

Clause 34.01 Commercial 1 Zone
Clause 43.01 Heritage Overlay
Clause 43.02 Design and Development Overlay
Clause 52.05 Advertising signage
Clause 52.06 Car parking
Clause 52.13 Car wash
Clause 52.29 Land adjacent to a Road Zone, Category 1
Clause 65 Decision Guidelines
Referrals
Referral Comment
North Central Catchment No objection
Management Authority
VicRoads No objection subject to conditions requiring mitigating
roadworks
Traffic & Design No objection subject to conditions
Drainage No objection subject to conditions
Public Notification
One objection was received from the properties directly notified, the owner and/or
occupier of the child care centre at 30-36 Howard Street. An objection was received
from the owner of a nearby gym at 41 Howard Street. Another 10 objections were
received from residents in Epsom, White Hills, Jackass Flat, Long Gully, Bendigo, North
Bendigo, Golden Square and Kangaroo Flat.
PAGE 91
The grounds of objection primarily relate to concerns over the inclusion of a gym in the
proposal and suggestions that the land could be better used for other community needs.
Planning Assessment
Can the objections be considered?
The Planning and Environment Act 1987 provides the legislative framework for
considering the objection of any person to the granting of a permit. There are two
sections which are relevant to the objections received.
Section 57 (2) of the Act requires an objector to state how they would be affected by the
granting of the permit.
Section 57 (2A) of the Act enables the responsible authority to reject an objection that it
considers to have been made primarily to secure or maintain a direct or indirect
commercial advantage for the objector.
The owner of the gym at 41 Howard Street has stated how they would be affected by the
granting of permit. However, the concerns raised are that another gym in the locality
could impact on his business. Therefore if the application was refused on the basis of
this objection this could conceivably result in a direct or indirect commercial advantage
for the objector.
In relation to the other objections, none have explicitly stated how they would be affected
by the granting of the permit, other than to suggest that community needs would be
better met through alternative uses. Furthermore, only one owns land in the vicinity of
the subject site.
Notwithstanding the points made above, it would be prudent to take a liberal view in
construing the way in which an objector may be affected by the granting of a permit and
whilst it could be argued that the objectors may not be directly impacted, as members of
the broader community they could well be affected.
It has therefore been decided to let the objections stand. In doing so the issue could be
tested further should a permit be granted and an objector chooses to seek a review of
the decision at VCAT.
The merits of the objections are discussed in the assessment below.
What are the strategic commercial and economic considerations?
The Commercial Land and Activity Centre Strategy (CLACS), was adopted as a key
strategy by Council in 2016. CLACS has established an activity centre hierarchy for
Greater Bendigo which includes Epsom. The role and function of an activity centre is to
provide economic, social and some civic activities, together with goods and services to
meet the daily and weekly needs of their suburban catchments.
PAGE 92
Clause 21.07 Economic Development incorporates the findings of CLACS and has a
number of relevant key objectives and strategies. A strategy of particular relevance is
one that states that the expansion of existing centres including Epsom will be supported.
There are also strategies which encourage built form quality and people focussed hubs.
In relation to Epsom, CLACS identified a need for 4,700 square metres of specialty retail
floorspace, 1,700 square metres of supermarket and 800 square metres of hospitality
floorspace by 2031.
This development would provide for 1,673 square metres of retail floorspace which would
contribute a significant amount towards the projected floorspace demand. An additional
1,869 square metres of commercial floorspace would also be provided. This would be in
the form of a gym, office and cafes.
CLACS is silent on the demand for gyms and has no projected demand for offices in
Epsom but it does broadly support a mix of land use and non-retail employment in the
activity centres. The principle of supporting the use of the land for offices and a gym is
appropriate within the wider expansion of the centre as they would provide employment
and a choice of different services in the activity centre.
The objections that have been received primarily relate to the proposal to open a gym.
The objectors have put forward a proposition that Epsom does not need another gym as
there is already one serving the local community and the land could be used for
alternative uses such as a butcher or bank.
The question of "need" will rarely be a ground for refusing to grant a planning permit and
there would have to very sound strategic reasons to do so. As discussed above the
CLACS did not identify any strategic concerns around the provision of non-retail
floorspace. One can debate whether there are other uses that may better serve
community needs but a decision must be made on the proposal submitted and there is
no justification to refuse the gym on strategic grounds.
In relation to the use of land for a car wash there are also no strategic implications with
this use and the key issues relate to urban design (considered below) and the
functionality of the facility. The layout of the car wash meets the specific requirements
such as crossover width and queuing capacity specified in clause 52.13.
Would the proposal result in an acceptable urban design outcome?
In assessing the urban design qualities of the proposal there are a number of planning
controls, policies and guidelines to consider. However, the starting point is the Design
and Development Overlay Schedule 4 (DDO4).
The genesis of DDO4 lies in Planning Scheme Amendment C70, which amongst other
matters, saw the establishment of a new Epsom Village Centre. The Schedule states
that buildings and works must be consistent with an approved Precinct Plan for the
village centre. The precinct plan in Figure 8 below was approved for the centre by
Council in 2007.
PAGE 93
In terms of its compliance with the approved precinct plan the proposal has retail and
community uses fronting Midland Highway and Howard Street as envisaged. There is
also a pedestrian link to Midland Highway. The only component which deviates is the
provision of additional retail space in the car park overlooking the village green and the
provision of additional car parking areas towards Midland Highway.
As the proposal is not entirely consistent with the previously approved precinct plan it will
be necessary to amend the precinct plan under a separate process to the planning
permit application. The draft revised precinct plan submitted is shown in Figure 9 below.
Figure 8: Approved precinct plan
PAGE 94
Figure 9: Draft revised precinct plan
DDO4 has the following design objectives:

To develop a new Epsom Village Centre with a strong community focus for the
Northern corridor.
To integrate development with the surrounding neighbourhood and minimise adverse
amenity impacts on the residential properties surrounding the site.
To achieve development that is of a high standard of urban and landscape design.
To ensure development maximises pedestrian access and encourages active street
frontages.
To encourage development that maximises public safety by preventing dark and
concealed spaces.
The proposal would further the integration of the Epsom Village Centre into the
surrounding neighbourhood without impacting on the surrounding residential properties.
The development has some merit in terms of the quality of the urban design. The car
wash presentation to Howard Street is not fully in line with the objectives of the DDO but
this will be offset by the quality of the other buildings and the landscaping design.
The proposal provides active frontages which face onto a new pedestrian plaza and
partially onto Midland Highway. Those frontages that are not active have been well
designed and articulated by features such as green walls.
The design could not be said to maximise public safety as there is an element of blank
walls with a lack of ground level windows in some parts of the design. However, this
would not be sufficient reason for refusal of the application as safety for pedestrians
should be protected by way of the pedestrian plaza, busy main road and internal car
park.
PAGE 95
The purpose of the DDO includes implementing the State Planning Policy Framework
and the Local Planning Policy Framework, including the Municipal Strategic Statement
and local planning policies.
Clause 15.01-2 relates to urban design principles which are:

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.
Clause 15.01-2 also includes various strategies and policy guidelines, which include that
planning must consider as relevant:
Activity Centre Design Guidelines (Department of Sustainability and
Environment, 2005) in preparing activity centre structure plans and in
assessing the design and built form of new development in activity
centres.
The relevant objectives in the Activity Centre Design Guidelines are as follows:
Objective 1.6- to intensify active uses along street frontages

The pedestrian plaza is a positive feature which does offset to a degree the fact that the
some of the retail buildings turn their back on the street.
Objective 3.3 to design and plan street edges to enhance the pedestrian environment
This objective is supported by a number of design suggestions which call for active
ground floor uses to foster natural surveillance, a limit to wide building frontages, a
restriction on the use of blank walls that hide the presence of activity within buildings and
ensure buildings are designed so occupants can maintain eye contact with people in the
street.
As discussed above, the least attractive component of this proposal is the car wash
which will present to Howard Street. In pre-application discussions with the applicant, it
was highlighted that it would be difficult to justify a car wash from an urban design
perspective in light of the DDO on site. It was advised that if high quality prominent
buildings were proposed on the remainder of the site, together with extensive
landscaping and well-designed screening to the car wash it may be acceptable.
Figure 10: Car wash landscaping and screening
PAGE 96
The applicant was also encouraged to extend the landscaping theme of the car wash
along Howard Street to include the existing petrol station. They have agreed to do this
which will facilitate a more coherent streetscape appearance to Howard Street.
Objective 6.2. To ensure malls and large stores address streets with active frontages.
With regards to the retail development as discussed above, although the DDO and State
policy design guidelines seek active frontages in activity centres the constraints of the
site and building layout are to a degree recognised. Although the design does not fully
address this objective, the street presentation is acceptable as the buildings would have
high quality facades with good articulation and variation in colours and materials.
In summary the final components of this shopping centre as proposed would result in a
layout and design that reaches a good compromise between a typical 21st century
shopping centre design which prioritises the motor vehicle over pedestrians and a
preferred design of pedestrian friendly High Street type design.
Is the car parking reduction acceptable?
The total number of spaces required under the Planning Scheme is 526. 461 spaces are
proposed and therefore the reduction sought is 65 spaces.
The applicant has provided a Car Parking Demand Assessment (CPDA) which relies on
the following points to justify the reduction:
A regional shopping centre typically has a high proportion of multi-purpose trips
resulting in a favourable mix of short and long term parking;
There is excellent public transport adjacent to the centre.
The CPDA is somewhat limited in the way that it responds to clause 52.06. However the
point made around multi-purpose trips is of particular relevance. It is entirely reasonable
to assume that a motorist who is attending the proposed gym, specialty retailing or caf
may also be attending one of the two supermarkets which already have a provision of car
parking. Therefore the demand is likely to be less than the Planning Scheme
requirements.
A further relevant point is that shopping centres as they develop will typically provide
parking numbers to suit their own needs alongside any Planning Scheme requirements
and it is not unusual for centres to seek parking reductions. The fact of the matter is that
an under provision of their car parking spaces would detract from the economic viability
of the centre and it is therefore reasonable to assume that the numbers provided will
accommodate projected numbers of visitors and shoppers.
Traffic impacts of the proposal
The applicant submitted a Traffic Impact Assessment Report (TIAR) which was referred
for comment to both VicRoads and the Citys traffic engineers.
VicRoads had some initial concerns that the TIAR did not have all the information they
needed to fully assess the traffic impact. A revised TIAR was submitted which was peer
reviewed by Trafficworks on behalf of VicRoads in order to determine what mitigating
works might be needed to maintain the functionality of the Midland Highway/Howard
Street intersection.
PAGE 97
VicRoads has concluded that without mitigating works the development would have an
unacceptable impact on the intersection. Therefore VicRoads will require works to
provide a left turn lane on the Midland Highway (north approach) and Howard Street
(east approach) be provided before the development commences.
Amenity impacts of the proposal
Clause 34.01-2 states that a use must not detrimentally affect the amenity of the
neighbourhood including through transport of goods and emission of noise amongst
other matters.
This development has no interfaces with residential land and therefore amenity impacts
are not of concern.
Is the proposal an acceptable development in terms of flood risk?
Clause 13.02-1 Floodplain management includes an objective which seeks to protect life
and property from flood risk.
The site has been identified as being liable to flooding in the Bendigo Urban Flood Study
2013. On this basis the proposal was referred to the North Central Catchment
Management Authority (NCCMA) for comment. No objection was raised and no
conditions were required to protect the development from flooding.
Is the proposed level of signage acceptable?
Clause 52.05 Advertising Signs sets out the decision guidelines that must be considered
in the assessment of signage. Of particular relevance to this proposal is the impact of
the signage on the character of the area and the need to avoid visual clutter.
In addition to clause 52.06 considerations the City has an adopted Advertising and
Signage policy at clause 22.29.
The majority of the signage proposed is modest and what one would expect for a
commercial development of this scale. The signage policy encourages a single
collective sign per site and has a decision guideline of whether the scale, placement and
style respects the character, built form and architectural qualities of the place.
In this instance it is proposed to erect a third collective sign, however, it will have a
separation distance of around 220m to the other collective sign on Howard Street and is
therefore unlikely to result in visual clutter. Furthermore the dimensions of 7.7m high by
2m wide (with a total of 5 tenancies) are quite modest in the context of a large shopping
centre development.
Conclusion
This is a proposal which will complete the Epsom shopping centre and should provide
local residents with a vibrant activity centre which will meet retail and associated needs
for the foreseeable future.
PAGE 98
The amount and mix of floorspace proposed is considered to be compatible to the

existing shopping centre and would have positive economic benefits.
The proposal has been assessed as meeting all Planning Scheme requirements and in
particular is in compliance with the objectives and strategies of State and local policies
which seek higher levels of growth in regional cities such as Bendigo.
The objectors' concerns are not sufficient grounds to refuse the application. It is
therefore recommended that a planning permit is granted.
Options
Attachments
Objections
Proposed Notice of Decision Conditions
1. MODIFIED PLAN REQUIRED

Prior to commencement of development amended 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 will then form part of
the permit. The plans must be drawn to scale with dimensions and 2 copies
must be provided. The plans must be generally in accordance with the plans
submitted with the application but modified to show:
(a) The location and details of a suitable waste enclosure unless it can be
demonstrated in the Waste Management Plan required by condition 9 that
all waste will be managed through a private collection.
Any staging of the development must be in accordance with a staging plan

approved under this condition. A staging plan must show the following.
(a) Details of the proposed staging;
(b) The car wash and associated landscaping to Howard Street including the
landscaping in front of the existing service station in the same stage as the
development fronting Midland Highway and Howard Street.
(c) A requirement that the endorsed plans for that stage must show compliance
with the conditions of the permit as appropriate to that stage to the
satisfaction of the responsible authority.
2. NO LAYOUT ALTERATION
The development permitted by this permit as shown on the endorsed plan(s)
and/or described in the endorsed documents must not be altered or modified
(for any reason) except with the prior written consent of the responsible
authority.
3. COMPLETION OF LANDSCAPING
Before the occupation of the development or by such later date as is approved
by the responsible authority in writing, the landscaping works shown on the
PAGE 99
endorsed plans must be carried out and completed to the satisfaction of the
responsible authority.
4. LANDSCAPING MAINTENANCE
The landscaping shown on the endorsed plans must be maintained to the
satisfaction of the responsible authority, including that any dead, diseased or
damaged plants are to be replaced.
5. LANDSCAPING BOND
Prior to the practical completion of any part of Stage 1 of the development or by
such later date as is approved by the responsible authority in writing, a bond
comprising an amount of $10,000 shall be lodged with the responsible authority.
$5,000 of this bond shall be refunded upon the satisfactory completion of
landscaping works required by the endorsed landscape plan. The balance shall
be refunded at the expiration of a period of two years after the satisfactory
completion of works, provided that landscaping is maintained to the satisfaction
of the responsible authority during this period.
6. CAR WASH COMMENCEMENT

The proposed car wash development must not operate until the practical
completion of the remainder of the stage 1 retail development fronting Midland
Highway and Howard Street or a later date otherwise agreed in writing with the
7. CAR WASH HOURS OF OPERATION

Except with the prior written consent of the responsible authority, the car wash
use permitted by this permit must operate only between 6am to 10pm unless
otherwise agreed in writing with the responsible authority.
8. DISCHARGE OF WASTE FROM CAR WASH

Waste from a vehicle wash area must drain into a public sewer or a settlement
and oil separation system. The system must comply with the Environment
Protection Act 1970 and be installed to the satisfaction of the responsible
authority.
9. WASTE MANAGEMENT PLAN

Prior to the occupation of the development permitted, the applicant must submit
a Waste Management Plan to the responsible authority. Such Waste
Management Plan must be to the satisfaction of the responsible authority.
When approved the plan will be endorsed and form part of the permit.
10. ACTIVE SHOP FRONTS

The ground floor shop fronts as shown on the endorsed plans must be provided
with clear glazing and maintain permanent views into the shops to the
satisfaction of the responsible authority.
11. CONSTRUCTION MANAGEMENT PLAN

Before the development starts, a Construction Management 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 will
then form part of the Permit. Construction operations on and adjacent to the
PAGE 100
site must conform to this endorsed plan. Two copies of the plan must be
submitted. The plan must include the following:
(a) The location of an area on-site to be dedicated for the parking of
construction workers and contractors vehicles;
(b) Days and hours of construction;
(c) Contact details of the project manager on-site;
(d) A works timetable;
(e) Site security;
(f) Erosion and sedimentation control works;
(g) Measures to minimize noise and dust being emitted from the site;
(h) Methods to prevent mud and dirt being transported from the site to adjacent
streets;
(i) The protection measures taken to preserve any identified vegetation;
(j) Access of construction vehicles; and
(k) Any other relevant matter.
12. CAR PARK CONSTRUCTION

Before the occupation of the development, the area(s) set aside for the parking
of vehicles and access lanes as shown on the endorsed plans must be
constructed to meet the following requirements and standards:
(a) Properly formed to such levels that they can be used in accordance with the
plans;
(b) Surfaced with an all-weather-seal coat;
(c) Drained;
(d) Line marked to indicate each car space and all access lanes;
(e) Clearly marked to show the direction of traffic along access lanes and
driveways to the satisfaction of the responsible authority;
(f) Provided with public lighting;
(g) Provided with disabled persons parking bays where required by the Building
Code of Australia;
(h) Provided with appropriate signage for one-way traffic. Eg one way; no entry;
left only.
The car parking and access areas must comply with the requirements of clause
52.06 of the Greater Bendigo Planning Scheme and meet all other applicable
Australian and New Zealand Standards unless otherwise agreed in writing with
the responsible authority.
Car spaces, access lanes and driveways must be kept available for these
purposes at all times.
13. VEHICLE MANOEUVERING

All car parking spaces must be designed to allow all vehicles to drive forwards
both when entering and leaving the property.
14. VEHICLE CROSSINGS

Vehicular access to the subject land from any roadway or service lane (and vice
versa) must be by way of a vehicle crossing(s) constructed at right angles to the
road, to suit the proposed driveway(s) and vehicles that will use the crossing. A
Works within Road Reserves permit must be obtained from the City of Greater
Bendigo Engineering & Public Space Unit prior to any work commencing in the
PAGE 101
road reserve.
15. PEDESTRIAN SIGHT LINES

The minimum sight line for pedestrian safety must be provided at the exit lane
frontage so as to accord with Clause 52.06-8 of the Greater Bendigo Planning
Scheme.
16. COUNCIL 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 assessed
by the responsible authority within 1 month post completion of construction will
be attributed to the development. Notification of completion of construction
must be provided to City of Greater Bendigo's Engineering Unit. 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 in accordance with this condition.
17. REFRIGERATION AND AIR CONDITIONING EQUIPMENT

Any equipment required for refrigeration, air-conditioning, heating and the like
must be suitably insulated for the purpose of reducing noise emissions and
must be located so as to not be highly visible from the street to the satisfaction
of the responsible authority.
18. BAFFLED LIGHTING

External lighting must be designed, baffled and located so as to prevent any
adverse effect on adjoining land to the satisfaction of the responsible authority.
19. NO MUD ON ROADS

In the event of mud, crushed rock or other debris being carried onto public
roads or footpaths from the subject land, appropriate measures must be
implemented to minimise the problem to the satisfaction of the responsible
authority.
20. DETAILED DRAINAGE PLANS

Prior to the commencement of works, plans to the satisfaction of the responsible
authority must be submitted to and approved by the responsible authority.
When approved, the plans will be endorsed and then will form part of the permit.
The plans must be drawn to scale with dimensions. The plans must include:
(a) Direction of stormwater run-off;
(b) A point of discharge;
(c) Easements as required;
(d) Consent from the responsible authority.
21. CONSTRUCTION OF WORKS

Road works, drainage and other civil works must be constructed in accordance
with the City of Greater Bendigo Infrastructure Design Manual and plans and
specifications approved by the Responsible Authority and must include:
PAGE 102
(a) Underground drainage.
22. CONSENT FOR WORK ON ROAD RESERVES

The applicant must comply with;
The Road Management Act 2004
Road Management (Works and Infrastructure) Regulations 2005 and
Road Management (General) Regulations 2005
with respect to any requirements to notify the Coordinating Authority and/or
seek consent from the Coordinating Authority to undertake works (as defined
in the Act) in, over or under the road reserve.
The responsible authority in the inclusion of this condition on this planning

permit is not deemed to have been notified of, or to have given consent to
undertake any works within the road reserve as proposed in this permit.
23. AMENITY OF THE LOCALITY

The use permitted by this permit must not, in the opinion of the responsible
authority, adversely affect the amenity of the locality by reason of the processes
carried on; the transportation of materials, goods or commodities to or from the
subject land; the appearance of any buildings, works or materials; the emission
of noise, artificial light, vibration, smell, fumes, smoke vapour, steam, soot, ash,
dust, waste water, waste products, grit, or oil; the presence of vermin, or
otherwise.
24. COMPLY WITH STATE NOISE POLICY N-1

Noise emissions from the site must comply with State Environment Protection
Policy (Control of Noise from Commerce, Industry and Trade) No. N-1.
25. LOADING AND UNLOADING TIMES

Except with the prior written consent of the responsible authority, the loading
and unloading to the retail development permitted by this permit must operate
only between the following times:
Monday to Friday 7am to 9pm
Weekend and public holidays 8am to 5pm
26. SIGNS NOT TO BE ALTERED

The location and details of the sign(s), and any supporting structure, as shown
on the endorsed plans, must not be altered without the written consent of the
27. EXTERNAL SIGN ILLUMINATION

External signs must not be illuminated between the hours of 11pm and 6am and
must be designed, baffled and located to the satisfaction of the responsible
authority such that no direct light is emitted outside the boundaries of the
subject land.
28. VICROADS
1. Prior to any development hereby approved by this permit commences on the
subject land:
(a) Functional layout plans must be submitted and approved by the Roads
Corporation (VicRoads). The plans must clearly dimensioned and copies
PAGE 103
provided to show (but not limited to):

i. An AUL left turn lane (including bicycle lanes) on the:
1. Midland Highway (north approach); and
2. Howard Street (east approach).
ii. All existing crossovers made redundant on the local and arterial road
removed and reinstated with kerb and channel.
iii. The following swept paths (undertaken at 10 km/h minimum)
undertaking all turn movements:
1. A 19 metre single articulated vehicle (with 0.5 metre clearances on
both sides of the vehicle); and
2. A 26 metre b-double vehicle (without clearances) excluding the
Howard Street east approach.
(b) The Midland Highway / Howard Street traffic signal plan must be updated
and approved by the Roads Corporation to reflect the VicRoads approved
FLP.
2. Should the approved FLP of the intersection of Midland Highway / Howard
Street require an amendment to the arterial and local road reserve
boundaries, the following amendments to the plans submitted with the
application must be made prior to a plan of subdivision being submitted to the
Responsible Authority for certification under the Subdivision Act 1988:
(a) Any land set aside as Road must be labelled ROAD on the plan of
subdivision.
(b) All land to be vested as road or reserve, for which the Roads Corporation
is to be responsible, must be vested in the name of the ROADS
CORPORATION (not VicRoads).
3. A Road Safety Audit must be undertaken at the detailed design stage in
accordance with VicRoads Road Safety Audit Policy.
The audit findings and the consultants responses to the findings must
be provided to the Roads Corporation for review and approval.
Any mitigating works arising out of the audit must be carried out to the
satisfaction of and at no cost and to the Roads Corporations' prior to the
development coming into use.
4. Prior to the development hereby approved by this permit commences use, the
following roadworks on the Midland Highway / Howard Street intersection
must be completed at no cost to and to the satisfaction of the Roads
Corporation:
(a) Left turning lanes on the Midland Highway (north approach) and Howard
Street (east approach); and
(b) Any other works required.
29. PERMIT EXPIRY DATE

This permit will expire if one of the following circumstances applies:
(a) The development is not started within two years of the date of this permit;
and/or
(b) The development is not completed within eight years of the date of this
permit.
PAGE 104
2.6 359 BENDIGO-TENNYSON ROAD, HUNTLY NORTH 3551 (Lot1,

PS523831N; CA 1 SEC 10 & CA 6C SEC 8, PARISH OF BAGSHOT) -
DEVELOPMENT OF 3 SHEDS ASSOCIATED WITH EXISTING
PIGGERY AND ASSOCIATED WORKS
Author Bryce Kilian, Statutory Planner

Director
Summary/Purpose
Application details: Development of 3 sheds associated with existing piggery and

associated works
Application No: DC/824/2016
Applicant: Rivalea (Australia) Pty Ltd
Land: 359 Bendigo-Tennyson Road, HUNTLY NORTH 3551 (Lot 1,
PS523831N; CA 1 SEC 10 & CA 6C SEC 8, Parish of
Bagshot)
Zoning: Farming Zone
Overlays: None
No. of objections: 8 objections along with a petition signed by 29 individuals
some of which provided individual submissions.
Consultation 30 March 2017 attended by the applicant, three of the
meeting: objecting parties, assessing officer and Councillors Metcalf
and Hoskin.
Key considerations: Whether the proposal is consistent with Planning Scheme
policy regarding intensive animal industries.
Whether there will be a detrimental impact on the locality
through odour emissions.
Whether there will be a detrimental impact on the quality of
water entering nearby waterways and downstream water
users.
Increased traffic to and from the site.
Is the location of the site appropriate given its proximity to
residential areas in Huntly?
Whether the composting of deceased livestock is
appropriate on site.
Conclusion: The proposal is considered appropriate given the changing
PAGE 105
nature of the operations on the site will generate less waste

products. Given the conditions imposed by the Referral
Authorities, it is also considered that wastewater and run-off
can adequately be addressed and that this proposal would
have a less detrimental impact on the environment and nearby
land owners / occupiers than the current operation.
RECOMMENDATION
City Council resolve to issue a Notice of Decision to Grant a Permit for the development
of 3 sheds associated with an existing piggery at 359 Bendigo-Tennyson Road, HUNTLY
NORTH 3551 subject to the conditions at the end of this report.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context

where we live.
The piggery was approved on this site in approximately 1964 by the Shire of Huntly and
has been operational ever since, though it has undergone various changes throughout
the past 53 years.
Report
The subject site is located to the east of the Bendigo Tennyson Road and is bounded by
Hopetoun Road to the north, Reedy Creek Lane to the east and Browns Lane to the
south. The site occupies a total area of 489 hectares, is zoned Farming and is gently
undulating with low points usually correlating with a water way.
At present, there are 16 sheds on the site along with a number of other utility sheds for
machinery and equipment, staff amenities and offices along with a number of large dams
used for both waste and clean water. There is also an area designated for composting of
deceased animals.
Surrounding land is used for a mixture of intensive animal industries, rural lifestyle
properties and mixed farming. Many surrounding properties contain dwellings.
PAGE 106
Figure 1: Location map showing subject site. Due to the size of holdings in the area objectors properties
cannot be clearly marked.
Proposal
This proposal seeks to construct an additional three sheds to complement the existing
sheds on the site and to also change the nature of the operations on site from a birth to
bacon site to a rearing only facility.
The implications of this is that there will be more breeder sows and young pigs (suckers)
but significantly less weaners, growers and no finishers i.e. less large animals on the
site.
Under this style of facility, the suckers are weaned and taken off site to other rearing
facilities across the State and southern New South Wales at approximately 26 days of
age.
The sheds proposed will be similar in size and construction to those that exist already on
the site. They will measure approximately 150 metres in length and 15 metres in width
and will sit to the north of the existing shedding on a similar angle.
PAGE 107
Figure 2: Site, showing the proposed buildings in blue.


11.05 Regional Development
13 Environmental Risks
14.01 Agriculture
14.02 Water

21.01 The Municipal Profile
21.07 Economic Development
21.08 Environment
Other Provisions
35.07 Farming Zone
36.04 Road Zone
52.29 Land Adjacent to a Road Zone Category 1
65 Decision Guidelines
PAGE 108
Permit Triggers
The need for a planning permit is triggered by clause 35.07 Farming Zone which states a
permit is required to use and develop land associated with an intensive animal industry.
Referrals
Referral Comment
DELWP No objection subject to conditions
VicRoads No objection subject to conditions
Goulburn Murray Water No objection subject to conditions
EPA No objection subject to conditions
Traffic Engineer No objection subject to conditions
Public Notification
As a result of advertising, 8 objections were received (including 4 separate objections

from the one family), along with a petition signed by 29 individual land owners/occupiers
in the nearby vicinity of the site (some of which submitted individual objections) with the
grounds of objection being:
Whether the proposal is consistent with Planning Scheme policy regarding intensive
animal industries.
Whether there will be a detrimental impact on the locality through odour emissions.
Whether there will be a detrimental impact on the quality of water entering nearby
waterways and downstream water users.
Increased traffic to and from the site.
Is the location of the site appropriate given its proximity to residential areas in Huntly?
Whether the composting of deceased livestock is appropriate on site.
Planning Assessment
What is the current operation and what is changing?
The site has been operating since 1964 when permission was granted to use the site for
a piggery. Over time, the operation has expanded to its present size and capacity.
PAGE 109
This facility operates as a birth to bacon facility whereby the animals are bred, born,
raised and remain on site until they are of suitable size and age to be taken off site and
processed for consumption.
This proposal seeks to construct an additional three sheds to complement the existing
sheds on the site and to also change the nature of the operations on site from a birth to
bacon site to a rearing only facility. The implications of this is that there will be more
breeder sows and young pigs (suckers) but significantly less weaners, growers and no
finishers i.e. less large animals on site. The approximate age of the pigs to be removed
from site is 26 days.
The changes being sought will not have a dramatic impact on the way the site looks nor
a significant impact on the day to day functions of the site but it will have a substantial
impact on the production of waste and odour as claimed by the proponent due to this
change.
Are the numbers increasing or decreasing?
The proponents have stated that the overall numbers of pigs are decreasing yet their
own documents state that physical numbers are increasing on the site. The explanation
for this comes down to a definition contained within the National Environmental
Guidelines for Piggeries (2010). This guideline defines pig numbers relative to their size
and effluent generating capacity. It classifies pigs as a Standard Pig Unit (SPU) which
takes into consideration the size of the animal and how much it consumes and produces
as waste. The simple way of explaining this is that a bigger, older pig will consume more
and produce more waste compared to a young piglet.
In the case of this application, at present the total number of animals on the site will
increase from 22,594 to 23,691 but when considered by the Guidelines the present SPU
on site is 20,831 which will drop to 17,314 after the operational change occurs.
The table below highlights the variation in pig numbers both physically and in terms of
SPUs.
Breeder only Birth to bacon

SPU SPU
Number equivalents Number equivalents
Boar 18 29 Boar 12 19
Gilt 928 1670 Gilt 412 742
Gestating Gestating
Sow 5522 8835 Sow 2017 3227
Lactating Sow 1145 2863 Lactating Sow 465 1163
Sucker 12526 1253 Sucker 5086 509
Weaner 1776 888 Weaner 5376 2688
Grower 1776 1776 Grower 3798 3798
Finisher 0 0 Finisher 5428 8685
Total 23691 17314 Total 22594 20831
PAGE 110
What does the Scheme say about intensive animal industries?
The Planning Scheme at Clause 14.01-2 encourages sustainable land uses and has
strategies to facilitate the establishment and expansion of (in this case) piggeries in a
manner consistent with orderly planning and protection of the environment.
The Municipal Strategic Statement at Clause 21.02-3 also talks about the importance of
more intensive forms of agriculture such as piggeries. It is also identified at Clause
21.07-8 that rural produce in the municipality including intensive agricultural activities is
worth approximately $183 million per year. This clause goes on to state that intensive
agricultural industries are important to the future of Greater Bendigo. It aims to protect
productive agricultural land and limit residential encroachment on such land along with
protecting the environment and limiting noise, odour, effluent and visual impacts created
by these industries.
The Strategic Framework Rural Industries identifies this area as being a key site for
rural industry.
PAGE 111
Overall, there is support in the Scheme for the expansion of this operation at its present
location provided the environmental considerations are appropriately addressed and
dealt with. These are discussed in greater detail below.
How will animal waste including waste water be managed?
The site employs a number of measures at present for the disposal of effluent and waste
in general. There are dams for liquid waste which allow solids to settle and water to be
filtered through a series of dams and settling ponds before being either reused for on-
site processing or used for irrigating both the piggery site and other nearby land owners'
sites. Solid waste is removed from the shedding using machinery and stockpiled on site
to be used as fertilizer also. Deceased animals are taken to the facility's on site
compositing area.
Through the changes in the way the site operates, the proponents claim that all forms of
waste will be reduced, citing that larger animals consume and produce more water, feed
and create more liquid and solid waste along with larger carcasses to be composted.
Having much smaller animals on site will reduce the total overall levels of waste which is
reflected in the decreasing number of SPUs on site. There will be less liquid and solid
waste and smaller carcasses to be composted when mortalities occur.
A number of objections related to how the company manages all forms of waste on site
and questioned whether it is appropriate for the operation to water its paddocks with
semi treated effluent water and spread manure in close proximity to a number of water
courses that traverse the site and greater area. These concerns are legitimate and
significant.
This being the case, the application was referred to the authority for water management,
Goulburn Murray Water (GMW). Initially, GMW deemed the application deficient in
information and requested that a Nutrient Management Plan be prepared and submitted
to them for review and comment. Subsequently, GMW provided a conditional consent
position to the proposal.
Their conditions deal extensively with wastewater and solid effluent along with imposing
strict conditions relating to where these waste products may be used to ensure the
ongoing health of nearby waterways and systems.
Will odour be adequately managed?
It is generally accepted that a substantial amount of odour emissions from an intensive

animal industry comes from the waste produced by the animals, be that in solid or liquid
form along with deceased animals. How these waste products are dealt with and
managed plays a significant part in the level and nature of off-site odour.
Part of the conditions imposed by GMW relate to the preparation and submission of an
additional plan in the form of an Environmental Management Plan for the piggery along
with requiring the site comply with a number of EPA standards for waste and odour
management.
PAGE 112
The application was also referred to the EPA for their comment and they stipulated that
offensive odours and dust must not be discharged beyond the property boundaries.
Through the application of the relevant submitted plans and strict conditions imposed by
the relevant referral authorities, it is considered that the change in operation of the site
will reduce the impacts of odours on surrounding and nearby properties.
Is the composting facility for the site's own use operating appropriately?
The site operates a relatively small composting facility for its own private use to dispose
of deceased animals. Animals are removed from the facility on a daily basis and are
placed in the composting area.
As part of the Nutrient Management Plan submitted with the application, a management
plan detailing how the composting area is to be managed was submitted. The plan
details how the company prepares and manages the deceased animals in the
composting areas to ensure the facility is managed appropriately to minimise odour and
waste leaving the area itself.
The EPA, in their comments also stated that these areas must be bunded and
appropriately drained to prevent potentially contaminated water from entering any
surface water resources.
The Nutrient Management Plan along with all its attachments, including the management
of the composting facility and the EPA referral comments will be conditions on the
planning permit and endorsed documents to ensure appropriate site management.
Conclusion
For the reasons discussed above, the application is found to comply with the Planning
Scheme and a permit should be granted.
The proposal will be less detrimental to the health of the environment and presents a
better outcome for the owners and occupiers of land surrounding the operation as a
result of the change and conditions imposed by the referral authorities.
The proposal represents an orderly and sustainable development that protects and
improves an existing intensive animal industry whilst being less detrimental to the
environment and nearby land owners.
Options
Attachments
Objections.
Referral responses.
PAGE 113
Proposed Notice of Decision Conditions
1. NO LAYOUT ALTERATION
The use and/or development permitted by this permit as shown on the
endorsed plan(s) and/or described in the endorsed documents must not be
altered or modified (for any reason) except with the prior written consent of the
2. MAXIMUM NUMBER OF PIGS

Except with the written consent of the responsible authority the maximum
number of pigs kept on the subject land at any time must not exceed a
Standard Pig Unit value of 17,314.
3. TRAFFIC
(a) Sight distances at the access driveway must comply with AS/NZ
2890.1:2004 Fig 3.2.
(b) All loading and unloading of goods must be conducted wholly on the site.
(c) All vehicles must enter and exit the site in a forwards direction.
4. EPA CONDITIONS
(a) Offensive odours must not be discharged beyond the boundaries of the
premises.
(b) Nuisance dust must not be discharged beyond the boundaries of the
premises.
(c) All vehicles removing waste must have fully secured and contained loads
so that no wastes are spilled and dust / odour emissions are minimized.
(d) Any fuels or chemicals held on site must be stored undercover in a bunded
area in accordance with EPA Publication no. 347: Bunding Guidelines
(December 1992)
(e) Storage areas/pads for manure, spent litter or dead animals must be
bunded and appropriated drained to prevent potentially contaminated
water from entering any surface water resources/channel infrastructure.
5. DEPARTMENT OF ENVIRONMENT, LAND, WATER & PLANNING

The subject development must be in accordance with the Code of Practice,
Piggeries, Department of Planning and Housing and Department of Food and
Agriculture, 1992.
6. GOULBURN MURRAY WATER

(a) All construction and ongoing activities must be in accordance with
sediment control principles outlined in Construction Techniques for
Sediment Pollution Control (EPA, 1991).
(b) The facility must be operated in accordance with the National
Environmental Guidelines for Piggeries (2010)
(c) Potentially contaminated stormwater and drainage from shed roofs, hard
stand areas and the areas around the sheds must be directed to retention
dams which must be designed with a capacity and freeboard to enable the
run-off from a 1 in 10 year storm to be retained. The overflow from these
dams must be designed such that no water is discharged to any
waterways. Overflow must not cause erosion.
PAGE 114
(d) An Environmental Management Plan (EMP) for the operation of the

piggery must be submitted to and be to the satisfaction of the responsible
authority.
When approved by the Responsible Authority the EMP will be endorsed
and form part of this permit. The EMP must be prepared in accordance
with the National Environmental Guidelines for Piggeries (2010) Section
18, and have an annual audit.
(e) All chemicals shall be stored in appropriate locked storage units, and such
areas must be bunded appropriately to the satisfaction of the Responsible
Authority and GMW
(f) All wastewater from any amenities building must be treated and disposed
of using an EPA approved system, installed, operated and maintained in
compliance with the relevant EPA Code of Practice and Certificate of
Approval.
(g) There must be no litter from the sheds stockpiled on the site. Any
temporary storage areas for wet litter must have an impermeable base and
bunding to ensure contaminated run-off does not discharge from the
temporary storage area.
(h) Prior to the removal of spent solids off-site, the removal contractor shall be
provided with a fact sheet to be given to the end users of litter advising
that:
i. Litter should not be spread
Within 200 metres of any waterway
On areas subject to inundation
On slopes with a gradient greater than 10%
On areas with shallow topsoils
On rocky or impermeable soils
Within 20 metres of the property boundary
ii. Land application of litter should be undertaken at a rate appropriate for
the soil type and the type of pasture/crop grown. The rate of application
should ensure relevant N, P and K uptake such that there can be no
discharge of excess nutrients to any waterways.
7. VICROADS CONDITIONS
Prior to the development hereby approved by this planning permit commences
use:
(a) A functional layout plan must be submitted to the Roads Corporation for
approval. The plans must be drawn to scale with dimensions, copies
provided and must be annotated to show (but not restricted to):
i. A Basic Right (BAR) turn treatment provided on the west side of the
Bendigo-Tennyson Road opposite the access to the subject land.
The BAR turn treatment must be in accordance with Austroads
(2017) Guide to Road Design Part 4, Figure A28.
ii. The existing unsealed crossover must be upgraded to be constructed
and sealed in accordance with VicRoads Standard Drawing Truck
Access to Rural Properties, Type B, SD2065.
(b) The following roadworks must be constructed to the satisfaction of and at
no cost to the Roads Corporation:
i. The Basic Right (BAR) turn treatment; and
PAGE 115
ii. The upgraded crossover in accordance with SD2065.

The crossover and driveway must be maintained in a fit and proper state so as
not to compromise the ability of vehicles to enter and exit the site in a safe
manner or compromise operational efficiency of the road or public safety (e.g.
by spilling gravel onto the roadway).
8. EXPIRY
This permit will expire if the development permitted by this permit is not
completed within 2 years from the date hereof. The time within which the
development must be completed may be extended, on written request to the
responsible authority, before or within 6 months after the expiry of this permit
where the development has not yet started or 12 months where the
development has commenced.
VicRoads NOTES:
Standard Drawing 2065 can be found on the VicRoads website by going to the
below link:
https://www.vicroads.vic.gov.au/~/media/files/technical-documents-
new/standard-drawings-for-roadworks-access-and-stopping-bays/standard-
drawing-2065--truck-access-to-rural-properties--type-b.pdf
Separate detailed design approval (fees and charges apply) and the
specifications of these are required under the Road Management Act. For the
purposes of this application the works will include provision of:
i. Basic Right (BAR) turn treatment; and
ii. Reconstruction of the existing crossover.
Please forward details marked attention to David Wallace on:
nr.mailbox@roads.vic.gov.au
Further information regarding VicRoads consent to work within the road reserve
can be found on the VicRoads Website:
https://www.vicroads.vic.gov.au/business-and-industry/design-and-
management/working-within-the-road-reserve
or by or telephoning (03) 5434 5089.
PAGE 116
2.7 110-120 MIDLAND HIGHWAY, EPSOM 3551 - USE AND DEVELOP

LAND FOR TRADE SUPPLIES, ASSOCIATED EARTHWORKS, CAR
PARK AND SIGNAGE, WAIVER OF BICYCLE PARKING
REQUIREMENTS (AMENDMENT OF CONDITIONS 5B AND 19)
Author Peter O'Brien, Planning Coordinator

Director
Summary/Purpose
Application details: Use and develop land for trade supplies (Trailing transport
equipment), associated earthworks, car park and signage,
waiver of bicycle parking requirements (Amendment of
conditions 5b and 19)
Application No: AM/1004/2013/F
Applicant: Bartlome Group Pty Ltd
Land: 110-120 Midland Highway, EPSOM 3551
Zoning: Mixed Use Zone; and adjoins a Road Zone 1
Overlays: Environmental Significance Overlay 1 and Land Subject to
Inundation Overlay.
Consultation N/A
meeting:
Key considerations: Should the amendments be allowed?
Conclusion: The amendment of the permit as requested is not supported
and it is recommended that Council take appropriate legal
action to bring the use and development into conformity with
the planning permit
PAGE 117
RECOMMENDATION
A) Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo
City Council resolve to Refuse to Grant an Amendment to the permit which allows
the Use and develop land for trade supplies (Trailing transport equipment),
associated earthworks, car park and signage, waiver of bicycle parking requirements
at 110-120 Midland Highway, EPSOM 3551 for the following reasons as advanced
by VicRoads, namely:
1. The applicant has been afforded ample opportunity to build the auxiliary left turn
lane for the following reasons:
(a) The planning permit was issued on 23 April 2014 and the works were to be
completed by 1 June 2016 approximately twelve months ago.
(b) The Traffic Impact Assessment Report (dated 18 September 2015 (Ref
G19244L-01A)) was received at VicRoads on 18 September 2015. The TIAR
recommends that an appropriate treatment in accordance with the permit
condition would be to provide an AUL(S) treatment.
(c) On 4 August 2016 VicRoads provided written approval for detailed
construction plans for the provision of a works identified in Condition 5 of the
Planning Permit. This letter also requested payment of fees and charges
payable to VicRoads that have not yet been received.
B) The Greater Bendigo City Council resolves to commence legal action to bring the
use and development into conformity with the planning permit.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context

where we live.
Report
The subject land is described as Lot 1 on Plan of Subdivision 628837Q. The lot was
created under Planning Permit DS/168/2009, which was issued on 21 June, 2010. The
land has been developed under the permit that is sought to be amended and is currently
occupied by MaxiPARTS who sell truck and trailer parts. The use of the land
commenced in June 2015.
PAGE 118
The lot is irregular in shape. It has a length of 82.82 metres and a frontage of 33.22
metres to Waverley Road, which is a partly constructed government road. Despite its
visual and physical connection with the Midland Highway, the land does not have a
frontage to the Highway. It is separated from the Highway by a 0.3 metre wide Reserve
vested in VicRoads.
Waverley Road is constructed with a seal coat of bitumen near the Midland Highway,
which becomes gravel, midway along the frontage of the site. It terminates at
Racecourse Creek to the east of the site.
Figure 1: Location map showing subject site.
The context of the site is that it is located in an area dominated by highway frontage uses
such as motor vehicle sales and diagonally opposite Bunnings Warehouse. To the east
of the application site is Race Course Creek, and a residential subdivision is on the
opposite side of the creek.
Proposal
The permit applicant is currently in breach of their planning permit by not having
completed works required by conditions 5 and 11 of the permit. The development
component of the permit also technically expired on 23 April 2017 as per condition 19 of
the permit.
The application seeks approval to amend conditions 5 and 19 so as to allow additional

time to undertake the roadworks which have not commenced. The roadworks consist of
a left turn lane (south boundary) from the Midland Highway into Waverley Road.
PAGE 119

Clause 11.05 Regional Development
Clause 15.01 Urban environment.
Clause 15.02 Sustainable development.
Clause 17.01-1 Business
Clause 18.01-1 Land use and transport policy
Municipal Strategic Statement and Local Planning Policies

Clause 21.04-2 Strategic Framework Plans (Northern Corridor and Huntly Local
Structure Plan).
Clause 21.07 Economic development.
Clause 22.08 Highway entrances and boulevards policy.
Other Provisions
Clause 32.04 Mixed Use zone.
Clause 42.01 Environmental significance overlay.
Clause 44.04 Land subject to inundation overlay.
Clause 52.34 Bicycle facilities
Sections 69 (Extensions of time) and 72 (Amendments to permits) of the Planning
and Environment Act (1987)
Referrals
Referral Comment
VicRoads Objection to the grant of the amended permit.
Traffic & Design No objection.
Drainage No objection.
Planning Assessment
The planning permit was first granted on 23 April 2014 and the development was
completed and the use of land commenced in June 2015.
PAGE 120
There have been four separate amendments to the permit, including an initial
amendment on 23 July 2014 (with VicRoads consent) to allow the development
component of the permit to commence on site before the road works were undertaken.
The City and VicRoads supported the amendment as it was agreed that the roadworks
could be constructed before the land use commenced instead. The City and VicRoads
demonstrated a pragmatic approach to this issue by allowing the amendment of the
permit to allow the deferral of road works to be completed before the use of the land
commenced.
Both the permit on this application site and Bunnings at 91-99 Midland Highway
(diagonally opposite the site) were being acted upon at the same time. VicRoads tried
(unsuccessfully) to facilitate an outcome where the roadworks required would be
undertaken at the same time. The parties were unable to reach an agreement with
respect to the apportionment of costs for these mutually beneficial works. Bunnings
subsequently constructed the roadworks (including traffic signals) required by their
permit. The roadworks were completed prior to the Bunnings use commencing.
In the months following the commencement of the MaxiPARTS use, a series of

applications were made to VCAT by both parties against their respective permits. The
applications related to enforcement applications against each other, each party asserting
that the other had an obligation to construct the road works that were outstanding (being
the southbound left turn lane into Waverley Road).
The City also applied for an enforcement order against the land owner (Bartlome Group)
and occupier (MaxiPARTS) as a result of being in breach of their permit, having
commenced the use before the roadworks required by their permit were undertaken.
VCAT referred the applications to a Compulsory Conference as a way forward to resolve

the issues. The compulsory conference occurred on 28 October 2015. The issues were
resolved in this forum, with VicRoads agreeing to a compromise that the length of the
turn lane be reduced from 100 to 60 metres.
Part of the settlement involved the amendment of this planning permit to reflect the
VicRoads compromise; with generous timeframes provided for plans to be submitted to
VicRoads (by 28 November 2015) for approval and the works themselves to be
completed by 1 June 2016.
Plans were not submitted or approved by the required date. The plans were approved by
VicRoads in August 2016. The works are yet to commence. The application indicates
that the extension sought is to 1 December 2017, which would be some 18 months after
the works were supposed to be completed under the settlement of the various disputes
at VCAT.
The City put the applicant on notice in January 2017 that unless the outstanding works
were undertaken, that the City would be prepared to take legal action. In February 2017,
the applicants lawyers responded that the works in Waverly Road would be constructed
by March 2017. To date those works have not been constructed.
PAGE 121
The applicants lawyer also advised that the applicant had difficulty getting an approved
contractor to construct the works, instead asking if the City could undertake the works on
their behalf (with the cost of works reimbursed). The applicants lawyer was advised
verbally that the City does not have capacity to undertake the works.
The applicants lawyer then lodged a misconceived application to VCAT asking that
VCAT amend the permit in similar terms to those sought by this amendment. City
officers advised the applicants lawyer that this option was not available to them, as the
permit in question had been issued by the City, not VCAT. The VCAT application was
subsequently withdrawn, and the current amendment application applied for.
City officers support VicRoads in their position that ample time has been provided for the
works to be undertaken; and this has yet to occur. The land owner and occupier have
had the benefit of acting in clear breach of their permit for over two years since the use
commenced, and over a year since an agreed date to complete the works has passed.
The City agrees that a nexus between the works required and the use that is operating
remains, and that the current unsatisfactory position cannot continue.
Unless the City takes decisive action in this matter, further delay is possible and the land
owner may continue to seek avoiding carrying out the works. This report recommends
that the amendments sought be refused, and the City initiate appropriate legal action.
Conclusion
The amendment of the permit as requested is not supported and it is recommended that
Council take appropriate legal action to bring the use and development into conformity
with the planning permit
Options
resolve to: amend the permit, or refuse to amend the permit.
Attachments
Nil.
PAGE 122
2.8 3 O'BRIEN STREET, QUARRY HILL 3550 - 5 LOT SUBDIVISION

WITH COMMON PROPERTY AND CONSTRUCTION OF 5
DWELLINGS (TWO STOREY)
Author Peter O'Brien, Coordinator - Planning

Director
Summary/Purpose
Application details: 5 lot subdivision with common property and construction of 5

dwellings (2 storey)
Application No: DSD/267/2016
Applicant: Shane Muir Consulting Engineers Pty Ltd
Land: 3 O'Brien Street, QUARRY HILL 3550
Overlays: Nil
Consultation Held on 2 March 2017 on site, attended by Crs Alden and Emond.
meeting: Cr. Fyffe was an apology. All objectors (at the time of the
meeting) and the applicant were also in attendance. Since the
consultation meeting, an additional objection has been received.
Key considerations: Planning Scheme policy regarding housing and infill
development;
Residential character;
Servicing of the lots (Powercor; Telstra, Coliban);
Traffic/parking/access impacts; and
Compliance with ResCode (clause 55 and 56).
Conclusion: There is policy support for a form of residential subdivision on the
lot; however it is recommended that the application not be
supported as:
The site cannot be accessed in a manner that meets the
standards of the Citys Infrastructure Design Manual; and
The proposed development not being an acceptable site
responsive design or character.
PAGE 123
RECOMMENDATION
City Council resolve to Refuse to Grant a Permit for a 5 lot subdivision with common
property and construction of 5 dwellings (two storey) at 3 O'Brien Street, QUARRY HILL
3550 for the reasons noted below:
1. As a result of the Department of Environment, Land, Water and Planning not

consenting to the use of the adjoining Crown land to facilitate the development:
(a) Access and outfall drainage in accordance with the Citys Infrastructure Design
Manual cannot be provided.
2. The design response fails to respond to the context of the site, including the retention
of established vegetation on and off the site, and solar orientation.
3. The proposed design response is not an acceptable character outcome, with regard
to massing, roof shapes and building materials.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
City of Greater Bendigo Community Plan 2017 2021:

where we live.
Goal 5: Environmental sustainability
Protect and enhance our environment, conserve our resources and increase
resilience to a changing climate.
Report
The subject land consists of a single, irregular shaped lot of 1,352 square metres that
contains an existing hipped roof, weatherboard clad dwelling which City records indicate
was constructed in 1930. The existing dwelling is orientated to the western boundary of
the site.
PAGE 124
Figure 1: Location map showing subject site. Objectors' properties marked with a star. One objector is not shown as
they do not reside close to the site.
OBrien Street is a local, City of Greater Bendigo managed road and provides legal
access to the application site and two adjoining dwellings. OBrien Street is not sealed,
and does not contain footpaths.
An informal (crushed rock) turnaround area exists on the adjoining Department of

Environment, Land, Water and Planning land (leased to the Quarry Hill Golf Club). It
appears that properties fronting Honeybone and Adam Streets also use this land
informally.
The built form in the area contains traditional detached dwellings with hipped and gable
roof shapes.
In terms of context; the site adjoins the Quarry Hill Golf Course, is a 900 metre walk to
Quarry Hill Primary School, a 500 metre walk from the Quarry Hill Recreation Reserve
and is within a 100 metre walk of the closest bus stop (being the Golden Square 64
route), which has an hourly service on weekdays. The site is also a 2.5 kilometre walk
from the Bendigo CBD.
Broader context of the site includes the land west of Adam Street, which is the home of
many light industrial uses including the Citys own Works Depot.
Proposal
Demolition: The existing dwelling and outbuilding on site will be demolished. There are
no Planning Scheme controls applicable that relate to demolition.
Subdivision and dwelling: The existing title is proposed to be subdivided to create 5 lots
ranging in size from 175 to 271 square metres. An area of 253 square metres is
proposed to be set aside as common property in order to access each of the lots. A
visitor car space is provided for the development in the proposed common property.
PAGE 125
Figure 2: Proposed site layout
Figure 3: Streetscape perspectives.
PAGE 126
Figure 4: Three dimensional renderings of the proposed dwellings.
The lots are proposed to be developed concurrently with contemporary dwellings that are
proposed to be two storey.
The dwellings would be developed in two groups, with lots 1 and 2 proposing 2
bedrooms each (and an integrated single garage) with lots 3 through 5 being 3 bedrooms
and having a double integrated garage each.
Each dwelling has a skillion roof, though the roof shape is screened by parapets. The
cladding materials include rendered brick, axon, monoclad and timber.
Under the General Residential Zone, a permit is required to subdivide land and construct
each dwelling as each lot proposed is less than 300 square metres in size. A planning
permit is not required for the demolition of the dwelling.

Settlement (Clause 11)
Regional development (Clause 11.05)
Loddon Mallee South Regional Growth (Clause 11.12)
Urban environment (Clause 15.01)
Sustainable development (Clause 15.02)
Residential development (Clause 16.01)
PAGE 127
Movement networks (Clause 18.02)

Development infrastructure (Clause 19.03)

Municipal profile (Clause 21.01)
Key issues and influences (Clause 21.02)
Strategic directions (Clause 21.04)
Compact Greater Bendigo (Clause 21.05)

No local policies are directly relevant (note there is no guideline character policy which
applies to the application site.
Other Provisions
General Residential Zone (Clause 32.08)
Public Open Space Contribution and Subdivision (Clause 52.01)
ResCode (Clause 55 and 56)
Decision Guidelines (Clause 65)
Referrals
Referral Comment
Powercor No objection subject to conditions
Coliban Water No objection subject to conditions
Telstra No objection subject to conditions
Tenix No objection subject to conditions
Country Fire Authority No objection subject to conditions
Traffic, Design and Advised that the applicant would need to obtain consent
Drainage Engineers. to construct a turnaround area and drain the development
to the adjoining land. If this issue was resolved, conditions
would be applied to the permit requiring plans to be
submitted with respect to the detailed engineering design
of the turnaround area and drainage system.
Note: The application was not referred to the Heritage Advisor as the dwelling (though of
age) is not subject to demolition planning controls in the form of either a Neighbourhood
Character or Heritage Overlay.
PAGE 128
Public Notification
nearby owners and occupiers. As a result of advertising, 3 objections were initially
received (a further objection received after the consultation meeting) with the grounds of
objection being:
Plans not reflecting changes to 3 O'Brien Street;
Concern about increase in density;
Impacts on the road (crushed rock) compounded by additional dwellings and usage;
Vehicle sight line concerns;
Overshadowing and overlooking concerns;
Impacts on infrastructure (services) from additional dwellings;
Lack of visitor parking;
Noise impacts;
Security impacts;
Amenity impacts from construction.
A request for a fence (with no access to golf course) by Quarry Hill Golf Club;
Request a 173 agreement (title restriction) requiring fence maintenance, hardened
glass and indemnity for the club in the event of ball strike - Quarry Hill Golf Club;
The permit (if approved) is an opportunity for stormwater issues in O'Brien Street
(impacting the golf club) to be rectified - Quarry Hill Golf Club; and
Noted there were no objections to tree lopping.
The planning merits and objections are discussed below.
Planning Assessment
Policy
and infrastructure. It also states that planning is to facilitate sustainable development that
takes full advantage of existing settlement patterns, and investment in transport and
communication, water and sewerage and social facilities. The proposal supports these
objectives.
Clause 11.05-4 (Regional planning strategies and principles) aims to promote the
sustainable growth and development of regional Victoria through a network of
settlements identified in the Regional Victoria Settlement Framework plan. One of the
strategies is to direct urban growth into the major regional cities, including Bendigo.
Clause 11.12 (Loddon Mallee South Regional Growth Plan) identifies Bendigo as a
regional city and strategies include supporting Bendigo as the major population and
growth hub for the region, and facilitating increased commercial and residential densities,
mixed use development and revitalisation projects for underutilised sites and land in
Bendigo.
The proposed subdivision will support the demand for housing as a result of population
growth in the municipality.
PAGE 129
The local section of the Planning Scheme at clause 21.05 relates to policy centred on
creating a Compact Greater Bendigo with urban sprawl to be limited and higher densities
with the Urban Growth Boundary promoted.
A key strategy to deliver on the policy is to support proposals for well-designed

residential development that provides a diversity of dwelling choices including higher
density residential development and are accessible to activity centres and activity nodes
or public transport.
The policy embodies a strong emphasis on funnelling development to locations that have
'10 minute neighbourhood characteristics. The Planning Scheme describes a 10 minute
neighbourhood as being an identifiable community where people can access many
(but not necessarily all) of their daily needs within a 10 minute walk or cycle trip from
where they live. Daily needs can include shops, schools, employment, a range of
community facilities and public transport. The location of this proposal is in such a
context where access to all the elements of a 10 minute neighbourhood are present.
Clause 21.05-4 identifies that there is a significant mismatch between the type of
dwellings that exist and household size with an oversupply of three plus bedrooms. While
there are one and two person households who will want a larger dwelling, the current
lack of dwelling size choice is an issue that the Greater Bendigo Residential Strategy
(2014) addresses.
The site is within an appropriate zone and includes both two and three bedroom
dwellings; so can be viewed as being in accord with some elements of policy.
Is the proposal an acceptable response to the site and context?
Various planning policies emphasize the need for new development to have appropriate
regard to character and to effectively respond to the site context. The application
complies with a large number of the relevant ResCode Standards and Objectives;
however has overall been assessed as not being a suitable response to the site and
context for the following reasons.
Early in the application process, concerns about the site responsiveness of the proposal
were formally raised with the applicant. The applicant was invited to reconsider their
design response accordingly. The applicant at that time elected to make minor changes
to the plan.
The character of the area is dominated by detached single storey housing, with
traditional building materials (brick and weatherboard) and roofs with pitch (either gable
or hipped forms). The application proposes attached two story building forms with
dominant garages. There is no guiding character policy that applies to the application
site; however the application has been assessed as not being acceptable with regard to
standard B-1 (Neighbourhood Character) of ResCode which requires that:
The design response must be appropriate to the neighbourhood and the site; and
The proposed design must respect the existing or preferred neighbourhood character
and respond to the features of the site.
PAGE 130
The proposal involves a design response that includes removal of the existing dwelling;
which contributes to character and replaces it with two groups of attached dwellings.
The proposed development has the front of the dwellings facing south (away from the
street), however this mirrors the presentation of the adjacent dwellings (being 4 and 6
OBrien Street).
The existing dwelling is sited facing west; with a low picket fence, which means that the
dwelling has a more traditional, outward looking presentation to the street. It would be
possible to develop the site and retain the existing dwelling.
Figure 5: Existing dwelling.
The ResCode standard B-5 (Integration with the street objective) has several aspects
which are:
Developments should provide adequate vehicle and pedestrian links that maintain or
enhance local accessibility;
Development should be oriented to front existing and proposed streets;
High fencing in front of dwellings should be avoided if practicable; and
Development next to existing public open space should be laid out to complement the
open space.
Some aspects of the standard can be viewed as being met with respect to the interface
with the golf-course; however the development (as it is viewed from the public realm of
OBrien Street) turns inward towards its proposed common property. The existing
frontage is taken up with a flank elevation and a 1.8 metre high front fence for over half
of that lots western boundary. Overall this is not considered to be an acceptable
outcome.
ResCode standard B-10 (Energy efficiency objective) has several aspects which are that
buildings should be:
Oriented to make appropriate use of solar energy.
Sited and designed to ensure that the energy efficiency of existing dwellings on
adjoining lots is not unreasonably reduced.
PAGE 131
Living areas and private open space should be located on the north side of the
development, if practicable; and
Developments should be designed so that solar access to north-facing windows is
maximised.
Each dwelling provides for either a north facing rear yard (secluded private open space
area), deck or balcony. That aspect of the standard can be viewed as being met. The
proposal has not been assessed favourably on the basis that the joined nature of
dwellings 3 to 5 mean that only townhouse 5 has an appropriate orientation. An
alternate design (with a similar, or even the same yield) could be pursued that provides
for all dwellings to have north facing yards and living areas; with garages/common
property exclusively located on the south side.
ResCode standard B-13 (Landscaping objectives) has several aspects which are:
To encourage development that respects the landscape character of the
neighbourhood;
To encourage development that maintains and enhances habitat for plants and
animals in locations of habitat importance;
To provide appropriate landscaping; and
To encourage the retention of mature vegetation on the site.
The application also proposes the removal of a large, established Ironbark tree on the
application site, as well as the lopping of several other trees on the adjoining Crown land.
Whilst the application notes that 6 canopy trees (four Tristaniopsis Laurina and two
Acacia Implexa) are proposed; the application cannot be viewed as responding
effectively to the site given the level of intervention required (both to trees within and
outside the site) in order to facilitate the development.
Access and drainage
Early in the application process, the issue of how the subdivision and development would
be accessed and drained was raised with the applicant by the Citys Development
Engineer and the assessing Planner.
The issues of access and drainage are fundamental issues with the application, and
despite the best endeavours of the applicant, have not been able to be satisfactorily
resolved. The Department and Environment, Land, Water and Planning advised that:
Crown Allotment 186J, Section C, Parish of Sandhurst forms part of the Quarry Hill
Golf Course for which City of Greater Bendigo is the Committee of Management. The
land is currently leased to Quarry Hill Golf Club and is reserved for public recreation
purposes.
Minister Neville as the owner of the Crown land, for the purposes of the Planning
and Environment Act 1987, has not allowed, and remains opposed to, the use of
Crown land to facilitate development under the planning provisions.
Also the Department is of the opinion that by reducing the size of the Crown land by
creating a road reserve impinges on future development and sale potential of the site.
PAGE 132
The Department of Environment, Land, Water and Planning does not support the use
of public land to manage site specific requirements on private land and will not enter
into agreements with adjoining land owners to manage public land in perpetuity to
enable development on private land.
With the access and drainage issues unable to be resolved; it would be an unacceptably
poor planning outcome to approve such an application, which would not be capable of
being acted upon. The application should be declined on this basis alone.
Concerns raised by the objectors:
The consultation meeting was conducted on site and included an inspection of an

objector property so as to fully understand the issues being raised. Objectors raised a
number of concerns over the course of the application, some valid, others not.
If the application were able to be supported, some of the concerns raised, particularly
those of the golf club could be resolved by permit conditions such as:
A request for a fence (with no access to golf course). The plans note a 2.4 metre
high chainmesh fence (with shade cloth) to the eastern boundary and the existing
north fence (part colorbond/part galvanised iron) fence retained on the northern side)
and;
Request a 173 agreement (title restriction) requiring fence maintenance, hardened
glass and indemnity for the club in the event of a ball strike. This practice has been
adopted for several other permits on land adjoining the golf course.
The golf club also noted that if a permit was issued (if approved and acted upon) it would
be an opportunity for stormwater issues in O'Brien Street to be rectified. As noted
previously, as DELWP will not allow the development to drain to their land; this issue will
remain unresolved.
The other concerns are listed and responded to as follows:
Plans not reflecting changes to 3 O'Brien Street.

The applicant updated the plans to show the changes that had been made.
Concern about increase in density.

This is a common concern raised by many applications, however by way of
measureable standards (site coverage and permeability under ResCode) the density
is acceptable; albeit if the design response was different.
Impacts on the road (crushed rock) compounded by additional dwellings and usage.
If able to be supported, OBrien Street would have to be constructed to meet the
Citys standards (which would include sealing) which would resolve this issue.
Vehicle sight line concerns;

This is a minor issue that would be addressed by permit conditions.
Overshadowing and overlooking concerns.

The application complies with the relevant ResCode objectives.
Impacts on infrastructure (services) from additional dwellings.
PAGE 133
All services conditionally consent to the application. Any upgrades to infrastructure

arising from the proposal would be the responsibility of the proponent to deliver.
Lack of visitor parking.

The Planning Scheme at clause 52.06 states that one visitor space is required for
every five dwellings. One space is provided, which complies.
Noises impacts.
A normal level of residential noise is assumed for development. This is multiplied by
the net increase of dwellings and activity on the site. Given the context of the site
(bordered by the quiet ambience of the golf club, and separated from other dwellings
on Adam Street) this is a legitimate concern.
Security impacts.
This concern was centred on the increase in population and concern that renters may
present an issue. Who the future residents of dwellings are is not a planning ground
that could warrant the application being refused.
Amenity impacts from construction.

Impacts could be managed by requiring and enforcing a Construction Management
Plan for the development that would limit construction hours and outline what
environmental controls would be implemented to control amenity impacts.
Conclusion
There is policy support for a form of residential subdivision on the lot; however it is
recommended that the application not be supported as:
The site cannot be accessed in a manner that meets the standards of the Citys
Infrastructure Design Manual; and
The proposed development not being an acceptable, site responsive design or
character.
Options
Attachments
Objections
PAGE 134
Wellbeing and Fairness - Reports Ordinary Meeting - 20 September 2017
3. WELLBEING AND FAIRNESS
3.1 SPRING GULLY MOUNTAIN BIKE TRAIL NETWORK MASTER PLAN
Author Matthew Kerlin, Coordinator Community Projects
Responsible Vicky Mason, Director Health and Wellbeing

Director
Purpose
The purpose of this report is to inform Council of the work undertaken to date on the
Spring Gully Mountain Bike Trail Network Master Plan and to seek Councils approval to
release the draft Master Plan for public comment.
Summary
Both the Spring Gully and Surrounds Recreation Plan (2014) and the Bendigo Region
Destination Management Plan (2015) identified the development of mountain biking at
Spring Gully as a positive for the recreation needs of the immediate area as well as
assisting to develop the Bendigo region as a cycling destination.
Supporting these recommendations Council allocated funds as part of the 2016/2017

budget for the construction of a Trailhead pavilion, pump track and skills loop at Spring
Gully as well as funds for the development of the Spring Gully Mountain Bike Trail
Network Master Plan and the associated due diligence. The City, in partnership with
Parks Victoria and the Bendigo Mountain Bike Club, engaged World Trail to develop the
draft Spring Gully Mountain Bike Trail Network Master Plan in October 2016.
The draft Master Plan was prepared over several months, with a concept developed prior
to field work being undertaken to plot a proposed alignment for the trail network.
Additional consultants focussing on impacts to biodiversity and cultural heritage were
also engaged throughout the process, with their input used to identify no go zones, sites
of sensitivity and proposed construction requirements.
Releasing the Master Plan for community feedback will ensure that all stakeholders have
an opportunity to provide input into the final plan and any areas of concern can be
addressed at this stage, prior to the final Master Plan being endorsed.
PAGE 135
RECOMMENDATION
1. Release the Draft Master Plan for a period of six weeks and invite the community
to review and provide comments on the plan.
2. Receive a further report summarising community feedback and seeking

endorsement of a final master plan.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context

Goal 2 Wellbeing and Fairness
Inclusive policies, partnerships and projects that increase access,
improve health and learning opportunities, by building better
connections and quality of life for all.
Objective 2.2 Promote positive wellbeing across the Greater Bendigo community.
Goal 4 Presentation and Managing Growth

Planning, developments and infrastructure that increase our
liveability and pride in where we live.
Objective 4.4 Keep Greater Bendigo attractive with good quality public facilities
and places.
Regional Strategic Plan Reference:
Bendigo Region Destination Management Plan (2015)

Tier 3 Project - Development of mountain bike trail system through Spring Gully Park.
Loddon Mallee Regional Strategic Plan (2015-2018)

Priority Areas:
1.8 Invest in tourism product, assets and related infrastructure.
3.2 Improve community health and wellbeing through strategies that promote good
health.
4.4 Maintain and build healthy places.
A Guide to Healthy Parks Healthy People Parks Victoria (March 2017)

Development of the Spring Gully Mountain Bike Trail Network is consistent with the
priorities outlined in Parks Victorias Healthy Parks Healthy People guide. These
priorities include:
PAGE 136
Build cross sector partnerships with the conservation, health, community,

education and tourism sectors to ensure that the benefits of nature and parks are
recognised in policies, plans and programs, including establishing cross-sector
funding support for health and wellbeing programs in parks.
Facilitate and enable community activation programs in parks to benefit
healthier ecosystems and healthier communities. This involves growing and
diversifying education volunteering, and attracting under-represented groups. These
groups include indigenous communities, people with a disability, culturally diverse
communities, socio-economically disadvantaged groups, older people, children,
youth and women.
Progressively revitalise park infrastructure to ensure that parks offer diverse and
inclusive opportunities for people to access and experience nature to improve their
health and wellbeing.
Build knowledge and evidence by working with researchers and Traditional
Owners to further strengthen the knowledge and evidence for the health benefits of
parks and nature.
Grow awareness and advocacy of the benefits of healthy nature for peoples health
and wellbeing and promote the universal right to access nature for health.
In 2014 Council endorsed the Spring Gully and Surrounds Recreation Plan, which sought
to investigate and plan for future recreation, sporting and open space opportunities and
facilities throughout the Spring Gully Corridor. One of the recommendations of this plan
was to develop a Mountain Bike Trailhead and staging area, which would support
existing informal mountain bike trails in the area.
In 2015 the Bendigo Region Destination Management Plan (DMP) was completed on
behalf of Bendigo Regional Tourism, to provide a strategic approach to growing tourism
in the Bendigo Region over the following five years.
The DMP identified the Bendigo Region as an emerging cycling destination, which offers
one of the most comprehensive and diverse cycling experiences in Victoria including
road routes, mountain bike trails, and recreational trails. Although cycling was
considered a niche market at the time of the report, it recognised that new investments
would assist in growing the cycling market.
These identified projects included, among others, further investment in the OKeefe Rail
Trail and the development of the Harcourt Mountain Bike Trail Network, with the Harcourt
Network since receiving $1.99M from the State Government through the Regional Jobs
and Infrastructure Fund and expected to be complete early 2018. The development of
the Spring Gully Mountain Bike Trail Network was also identified as a destination
development project as part of the DMP.
PAGE 137
As part of the 2016/2017 budget Council allocated $107,000 to construct the Trailhead
pavilion, which formally opened on 26 August 2017, with an additional $52,000 (including
a Federal Grant) sourced by the Bendigo Mountain Bike Club (the Club). The Trailhead
has been designed to be used as a meeting place for cyclists entering the trail network,
as well as a welcome/departure location for users of the Goldfields Track which runs
from Bendigo to Ballarat. It is proposed this track will be re-routed for cyclists from its
current location to eventually flow through the new trailhead and link visiting cyclists to
the Spring Gully Trail heading towards the Bendigo CBD.
An additional allocation of $89,000 was included in the 2016/2017 budget to undertake

the Spring Gully Trail Network Master Plan and associated due diligence work including
Cultural Heritage, Biodiversity and Economic Impact Assessments.
The Club have been working closely with Parks Victoria (PV) for a number of years to
establish a new mountain bike trail network in the Spring Gully area of Bendigo. There
has been a strong history of mountain biking in the Bendigo region and there are many
kilometres of existing tracks however, these tracks are poorly designed and are causing
environmental and management problems.
The Spring Gully areas undulating topography and bushland vegetation is well suited to
the activity of mountain biking, providing the experiences that mountain bikers enjoy such
as nature, fitness and the escape from everyday life. The bushland extends to the
periphery of the municipality enabling an extensive network to be developed without
making the area exclusively for mountain biking.
The Bendigo Mountain Bike Club have been key partners with the City to design and
construct the pavilion, pump track and skills loop and throughout development of the
Master Plan.
28 May 2014 Council endorsed the Spring Gully and Surrounds Recreation Plan.
20 January 2016 Council received the Bendigo Region Destination Management Plan
and acknowledged the work undertaken by Bendigo Regional Tourism in developing the
plan, as well as agreeing to work with surrounding local government authorities in an
effort to attract Victorian and/or Australian Government and private sector investment
funding and the necessary industry and community support to implement the plan.
Report
The study site for the Master Plan is largely situated within the Bendigo Regional Park, in
particular the section of the park just south of Spring Gully (there are numerous different
sections of the park located around Bendigo), which is Parks Victoria (PV) managed
land. A small section of the study site is located within Muldoon Reserve, which is on
Council owned land and the former Spring Gully Pony Club site which is Crown Land
managed by the City of Greater Bendigo.
Spring Gully has an extensive network of existing mountain bike trails, but most of these
have not been formally approved and endorsed by the land manager, Parks Victoria.
PAGE 138
Endorsement of an appropriate and sustainable trail network by PV is one of the key

objectives of the master plan and although the trail network is not yet formally endorsed,
PV has allowed the Club to run events on these trails for some time, some of which
attract significant numbers of competitors and spectators.
The City, in partnership with PV and the Club, engaged World Trail in October 2016 to
undertake the development of a Spring Gully Trail Network Master Plan. World Trail are
an established Australian mountain bike trail design and construction company, who
have been integral in creating many environmentally sustainable mountain bike trail
networks throughout Australia, including development of the mountain bike trail master
plan for Harcourt.
The City also engaged specialist consultants to provide advice on cultural heritage and
environmental values within the proposed location. The initial desktop assessments
were used by World Trail to guide the concept plan orientation of the trail, including the
identification of a number of no-go zones.
Following development of the concept plan World Trail then designed the draft trail
alignment onsite using GPS technology to map the proposed alignment, which features
in the draft Master Plan.
Using this alignment environmental consultants undertook field work across several days
as part of assessing the impact of the proposed trail. Three locations were identified
where the proposed trail would have a significant impact on areas of high environmental
significance. In these locations, the trail would need to be completely realigned. They
found many examples where the trail would have an impact on plants with high
conservation values, but where the impact could be completely or mostly removed by
adjusting the trail alignment slightly to avoid those individual plant specimens. These
areas are identified in the final biodiversity assessment report (Attachment 2), and
would be dealt with at the construction stage using a technique called micro-siting. This
involves having a qualified botanist walk through the alignment with the trail constructor
just prior to commencement, to adjust the alignment sufficiently to avoid the plants in
question.
Cultural heritage consultants, along with experts from Dja Dja Wurrung Clans Aboriginal
Corporation, also undertook several days of fieldwork identifying areas of cultural
heritage as part of a standard assessment. There were areas of sensitivity identified as
part of this assessment and as a result a complex assessment must be undertaken as
part of the development of a Cultural Heritage Management Plan (CHMP). This may
result in recommendations around track alignment or construction methods for certain
areas of the trail being included in the CHMP.
The draft Master Plan features a trail network approximately 52kms long made up of 14
trails, featuring one shared-use trail, one jump trail and twelve cross country trails. With
the composition of the trail network made up of:
9.91km (19%) existing Management Vehicle track;
28.09km (54%) existing Mountain Bike trail;
13.54km (26%) proposed new Mountain Bike trail
Closure of 1.45km of existing trail.
PAGE 139
It should be noted that the master plan recommends alterations to the existing trails in
order to ensure they are sustainably built and environmentally responsible. This has
resulted in some new sections of trail which is accounted for in the new category.
Other key features of the trail network include:

All trails are rideable as individual loops;
Each trail is single-directional;
All trails are to be ridden in a clockwise direction, with the exception of XC Trail 8,
which is anticlockwise;
The entire trail network can be ridden in one large loop, without doubling up or
missing large sections of trails;
The Trail Difficulty Ratings of the trails are:
5 trails rated Easy;
9 trails rated More Difficult;
There are no Very Difficult trails included in the trail network on the basis that:
The terrain available doesnt present ideal opportunities for Very Difficult
trails;
Very Difficult trails are generally steeper and are often unsustainable;
Very Difficult trails are less popular as fewer riders have the skill to ride
them;
Very Difficult trails dont assist in the Citys and the Clubs goals to develop
and foster growth in the sport by attracting novices into the sport.
The Master Plan also identified eight existing mountain bike trail segments (totalling
1.45kms) for closure due to sustainability reasons, with the recommendation that these
segments are rehabilitated in conjunction with the construction of any new trail and
upgrade of existing trails. The Master Plan only assessed existing mountain bike trails
for closure and did not include an assessment of all the management vehicle tracks,
4WD tracks, motorbike tracks etc., many of which could ideally be closed, having a
significant positive environmental impact on the park.
There were a number of management options touched on within the report, including
establishing a committee to oversee the trail, transfer of Committee of Management
responsibility to the City or licences to either the City or the Club. It is recommended that
the best management model would be a licence of the trail asset itself (with a one or two
metre buffer either side) to the City from PV. This would allow City to take control of the
asset itself ensuring a high quality and safe trail network is delivered for years to come,
but it would also allow the City to work with the Club to transfer some maintenance
responsibilities to the Club where applicable and therefore lowering the ongoing
maintenance costs to the City. While management of the surrounding parkland itself
would still remain PVs responsibility.
In July 2017 the City engaged Remplan to undertake an Economic Assessment and Cost
Benefit Analysis based on the information contained within the draft Master Plan. The
assessment estimated that for every dollar of cost, the Spring Gully Mountain Bike Trail
Network would deliver benefits to the Greater Bendigo region of $2.89 and would create
5 additional ongoing jobs post construction. This report has been included as a
confidential attachment to this report due to the expectation that the information
contained within it will be used as part of the procurement process should the project
proceed to tender.
PAGE 140
Releasing the Master Plan for community feedback will ensure that all stakeholders have
an opportunity to provide input into the final plan and any areas of concern can be
addressed at this stage, prior to the final Master Plan being endorsed.
The proposed master plan is an important piece of work as it will provide a sustainable
plan for development of the trail network and will build on work already undertaken as
part of the Spring Gully and Surrounds Recreation Plan, the Bendigo Region Destination
Management Plan and the recently completed Spring Gully Trailhead.
Options/Alternatives:
If Council did not want to undertake broad public consultation, targeted consultation or no
further consultation could be considered as part of the process.
Timelines:
It is proposed that the Master Plan be released for public comment for a 6 week period
and a series of community consultation activities be undertaken during that time.
Following community feedback, a further report and summary of consultation will be
provided to Council seeking endorsement of a final master plan.
Risk Analysis:
There is a likely risk that if the trail network is not formalised and constructed using
sustainable design principles then continued unauthorised construction of trail will occur
within the site area leading to erosion and other negative environmental impacts.
Throughout the development of the draft master plan the City and World Trail have
actively engaged with our partners PV and the Club to ensure that the draft master plan
was consistent with the aims of these two groups.
Discussions with PV have been ongoing prior and throughout the development of the
draft master plan with PV happy to support the development of sustainable trails
throughout the park, which is consistent with the priorities outlined in Parks Victorias
Healthy Parks Healthy People guide. PV do not have the resources to manage the trail
asset itself, but have been working with the City to investigate management models
which works for PV, the City and the Club.
Tech Duinn and Dja Dja Wurrung Clans Aboriginal Corporation have provided a desktop
and standard assessment of the site as part of the development of a Cultural Heritage
Management Plan (CHMP) and have advised that a complex assessment is required
prior to finalisation of the (CHMP).
Practical Ecology provided a stage 1 preliminary biodiversity assessment of the overall

site as well as a more detailed stage 2 report following identification of a proposed trail.
Practical Ecology have also recommended that a consultant be onsite during any
construction works in the future.
PAGE 141
The proposed engagement process seeks to strengthen the master plan prior to
finalisation. Community and key stakeholder views are sought on the overall master plan
as well as specific components of the plan with the following stakeholders to be
consulted: general community, local residents, Spring Gully Rec Reserve Advisory
Committee (and its membership groups), Bendigo Orienteers, Friends of the Box
Ironbark Forest, Mountain Bike Australia.
Engagement will include briefings with key stakeholder groups, listening posts and site
visits, with the draft master plan and feedback opportunities to be promoted online and
via social media.
Community and key stakeholder consultation results will be used to refine elements of
the plan before it is finalised and returned to Council for endorsement.
Previous Council Support:
2016/2017
Spring Gully Trailhead - $107,000
Spring Gully Mountain Bike Trail Master Plan - $89,000
This included the Master Plan development itself, as well as due diligence
work around biodiversity, cultural heritage and economic impact assessments.
External Funding Sources:
In 2016/2017 the Bendigo Mountain Bike Club contributed or obtained from external
sources the following amounts:
Spring Gully Trailhead - $52,600 consisting of:

$23,600 contribution from Bendigo Mountain Bike Club
$20,000 Federal Grant
$5,000 Strathfieldsaye Community Enterprise
$2,500 Bendigo Toyota
$1,500 CVGT
Spring Gully Mountain Bike Trail Master Plan - $9,000
Current Estimate or Tender Price:
The Master Plan sets a broad estimate for construction of this project with the estimated
prices attached as a confidential attachment to this report due to the expectation that the
information contained within it will be used as part of the procurement process should the
project proceed to tender.
PAGE 142
The reason for the broad range included with the estimate is due to World Trails
previous experience of tendering and the wide range of tendered prices submitted by
contractors, which can be impacted by the type of terrain and level of experience and
skill of the respective contractors.
Projected costs for future financial years:
Completion of a Complex Assessment is required as part of the completion of a Cultural

Heritage Management Plan. It is estimated that this work will be upwards of $20,000 and
is required prior to commencement of any trail construction works.
A planning permit is also required prior to construction works, with the anticipated cost of
this permit around $13,000. It is proposed that costs for the Complex Assessment and
planning permit will be carried by the City, PV and the Club.
Any ongoing recurrent expenditure required:
Ongoing maintenance expenditure for the trail would be required if PV were to licence
the trail to the City, which is the recommended management option. The draft master
plan recommends that a thorough trail maintenance plan be produced and implemented
following construction of the trail. If the City were to licence the trail asset from PV then it
is recommended that the City works closely with the Club to identify opportunities for the
Club to take on maintenance responsibilities within their capability. This may include
routine trail inspections, non-urgent works and other trail works not requiring specialist
skills or equipment.
Attachments
1. Draft Spring Gully Mountain Bike Master Plan (separate document)

2. Biodiversity Assessment Spring Gully Trail Network Master Plan (separate
document)
3. Economic Impact Assessment and Cost Benefit Analysis (Confidential Attachment)
4. Construction Cost Estimate (Confidential Attachment)
PAGE 143
3.2 BENDIGO MAUBISSE FRIENDSHIP COMMITTEE MEMBER

APPOINTMENTS
Author Steven Abbott, Manager Community Partnerships
Responsible Vicky Mason, Director Health and Wellbeing

Director
Purpose
For Council to consider the recommended member appointments for the Bendigo
Maubisse Friendship Committee.
Summary
The Bendigo Maubisse Friendship Committee (BMFC) is a Special Committee of Council

under Section 86 of the Local Government Act 1989.
The BMFC must comprise a minimum of 16 representatives and be appointed by Council

resolution following an expression of interest process.
Committee members are appointed for a 1, 2 or 3 year term and may renominate for a
further term through expression of interest.
At June 30 2017 the term of four committee members expired. In order to fill the
vacancies and consider other interested community members the City proceeded to run
a public expression of interest process between June 21 and July 5 2017.
All four members that have an expired term have renominated, as have an additional
seven community members.
The City has undertaken an evaluation of the suitability of the applicants, with support
from Councillor Jennifer Alden as the Chair of BMFC and makes the recommendation
outlined in this report.
PAGE 144
RECOMMENDATION
That Council:
Appoint to the Bendigo Maubisse Friendship Committee for three year term:
Cameron Bell, Deborah Blake, Heather Ridge, Barry Secombe and Ken Hubbard.
Through the Chair of Bendigo Maubisse Friendship Committee, write to the

unsuccessful applicants to notify them of the decision, thank them for their interest
and explain other ways that they can become involved in the work of the
Committee.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Greater Bendigo Community Plan 2017-2021:
Goal 2 Wellbeing and Fairness
Inclusive policies, partnerships and projects that increase access,

improve health and learning opportunities, by building better
connections and quality of life for all.
Objective 2.2.3 Build on partnerships and coordination of information with health and
other agencies
Action 2017/18 Support the Bendigo Maubisse Friendship Committee to partner with
Ballarat committee and implement annual community development
actions in Ainaro, Timor Leste.
Council Policy Reference (include weblink as applicable):
International Relations Policy
The Greater Bendigo Council relationship with Timor Leste commenced in late 2006
when it established the BMFC to work with the community of Maubisse. The BMFC
works on a community to community basis to undertake a range of projects to assist the
people of Maubisse in the District of Ainaro in Timor Leste.
The BMFC contributes to improving standards of living, access to essential services,

training, capacity building, arts and social programs in the Maubisse community.
PAGE 145
The BMFC functions formally as a Special Committee of Council under Section 86 of the
Local Government Act 1989 (the Act). The Act provides for a Council to delegate some
of its functions, duties or powers to Special Committees that then operate under an
Instrument of Delegation.
Section 86 Committees are, in essence, an extension of Council. They are subject to the
same stringent governance and administrative requirements as Council and therefore
compliance is important. Current and former Mayors and Councillors have had a strong
involvement with these committees, and have been a part of visiting delegations (the
most recent being Mayor Councillor Margaret ORourke in January 2017).
Administrative support is provided to work with the BMFC and upload minutes of
meetings, provide general administrative advice and oversee the arrangements such as
insurance for each delegation travelling to Timor Leste.
In February 2017 a presentation briefing was made to Council by the BMFC to provide
background, recent achievements and current priorities, as well as presenting the
2015/16 Annual Report.
A further report was presented to Council in April 2017 seeking support for the renewed
Instrument of Delegation.
The Instrument of Delegation outlines the list of members and the length of term for each
member.
The BMFC felt it was important to have a staggered expiry term for membership to
ensure a good level of continuity was maintained. As a result, this means that each year
there will be at least four committee positions that become available. The City facilitated
the expression of interest process and makes a recommendation to Council on the
appointments.
April 2017 Council supported the revised Instrument of Delegation for BMFC which
included a list of members and the expiry dates of their membership terms.
Report
As a Special Committee BMFC are obligated to comply with the requirements of the Act.
In addition to the Act the operations and work of the BMFC are guided by their current
Instrument of Delegations which states the following:
The Special Committee shall comprise a minimum of 16 representatives and be

appointed by Council resolution following an expression of interest process.
Composition of the Special Committee shall be at least:

14 community members;
1 City of Greater Bendigo councillor;
1 officer of the City of Greater Bendigo
PAGE 146
Committee members will be appointed for a 1, 2 or 3 year term and may renominate
through expression of interest for a further term.
The Councillor representative is Jennifer Alden and the officer representative is Steven
Abbott, Manager Community Partnerships.
At June 30 2017 the term of four sitting community members expired and therefore
triggered an expression of interest process. The City proceeded to run a public
expression of interest process between June 21 and July 5 2017.
The opportunity to express an interest was advertised on the Citys social media
accounts, in local newspapers, on the Citys website and via a direct mail out to the
distribution list of BMFC.
All four members that have an expired term have renominated, as have an additional
seven community members.
A small committee was formed to undertake an evaluation of suitability of the applicants

and make the recommendation to Council. This committee was made up of two City staff
members (Steven Abbott and Benjamin Jones) and Councillor Jennifer Alden as Chair of
BMFC.
This evaluation committee met on the 7 July 2017 and discussed again prior to 17 July
2017.
The evaluation committee considered the following matters:
Relevance of location and background to the work of the committee.

Reasons for wanting to join the committee.
Understanding of the purpose of the group and fit within the required skillset.
Overall capability and capacity to make a difference.
The following applicants received the highest score and have therefore been
recommended for appointment:
Cameron Bell
Cameron has undertaken a range of international activities across Indonesia,

Philippines and Nepal. He has demonstrated an understanding of the type of work the
BMFC would undertake and also brings significant professional experience from
working in the State Government.
Deborah Blake
Deborah has significant experience in working with BMFC having been involved since
2006. She has recently led the establishment of an e-newsletter for BMFC activities
to broaden the communication reach into the community. Her experience and
commitment is seen as very important in delivery on the purpose of the BMFC.
PAGE 147
Heather Ridge
Heather has been involved with BMFC since 2006 and has taken a leadership role
with the committee over that time. She has very strong relationships across Bendigo
and Timor Leste and led the successful and growing education scholarship program.
Barry Secombe
Barry has also been involved with the BMFC since 2006. His strategic approach to
the work of BMFC is invaluable. Barry has initiated the joint partnership with Ballarat
friendship group and the further development of this is critical to the work of BMFC.
Ken Hubbard
Ken has also been involved with the BMFC over a long period of time and has strong
relationships with key stakeholders in Maubisse. He has visited Maubisse twice in
2017 and has been involved in community consultation and the Art in Schools
Project.
Changes as a result of renewed BMFC membership results in minimal additional

resources from the City of Greater Bendigo, e.g., small administrative tasks such as
changing contact lists.
Attachments
Attachment 1: Current list of BMFC members.
PAGE 148
Strengthening the Economy - Reports Ordinary Meeting - 20 September 2017
4. STRENGTHENING THE ECONOMY
4.1 ARTS AND CREATIVE INDUSTRIES STRATEGY
Author Stacey Poulter, Strategic Planner

Director
Summary/Purpose
This report seeks Council support for the development of an Arts and Creative Industries
Strategy for the City of Greater Bendigo. The project brief (below) outlines the proposed
scope, objectives, project plan, potential partners and governance for the work.
RECOMMENDATION
That Greater Bendigo City Council resolve to:

1. Support the development of an Arts and Creative Industries Strategy for Greater
Bendigo in accordance with the project scope; and
2. Note the appointment of Cr Emond and Cr Fyffe to participate on the Project Working
Group.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context

Goal 3 Strengthening the economy
Ensure Greater Bendigo is a welcoming place for new businesses
and industries, and supports creativity and innovation and visitor
attraction
Objective Attract and support creative industries
3.3.4 Engage widely and prepare an Arts and Creative Industries
Strategy
PAGE 149
The City of Greater Bendigo adopted an Arts and Culture Strategy 2008-2011. The
Strategy has expired and outlived its usefulness. The key elements in the Strategy have
been delivered and were successful in further solidifying Bendigos arts and culture
reputation. The Strategy focussed on the Citys existing and future assets and
processes, as well as community activities, in the arts and cultural sectors.
Since the preparation and adoption of the 2008-2011 Strategy the view of arts and
culture has evolved substantially and the terms creative industries, creative economies
and creative cities are now extensively used. Strategies being adopted at national, state
and city level recognise the wider term creative industries which embraces many
occupations, businesses and industries that are largely based on creativity and
intellectual input or property, such as an architect, an advertising firm or the film industry.
However, in reality creativity is not as simply classified in the economy. Other
occupations, businesses and industries involve creativity, such as advanced
manufacturing or a graphic designer employed by an insurance company.
It is estimated that creative industries contributed $22.7 billion (B) gross value to
Victorias economy in 2013 this is more than construction ($19.8B), agriculture, forestry
and fishing ($8.1B), and mining ($6.5B).
In 2013, Victorias creative industries were employing 222,000 people 29 percent of all
Australian creative and cultural economy employees in Victoria (Creative Victoria, 2017).
The release of the employment and occupation statistics from the 2016 Census next
month will provide more up to date information.
Research and literature recognises the link between culture and economy, with creativity
being central to the overall success of places. The United Nations (2008) defines
creativity two fold, the kind that relates to peoples fulfilment as individuals and the kind
that generates a product. This forms the basis of the wider scope of creativity, including
the role it has in our economy and its broad social and cultural impacts.
Perhaps the most influential writer in this space who has linked creative industries and
creativity to the economy and performance of cities is Richard Florida. He has been
widely influential. Speaking of what he terms the creative class as a major, relatively new
and rapidly expanding identifiable group in society and the workforce he has written; if
you are a scientist or engineer, an architect or designer, a writer, artist, or musician, or if
your creativity is a key factor in your work in business, education, health care, law, or
some other profession, you are a member. (Richard Florida, 2014).
The realisation, recognition and evidence of the growth, significance and importance of
creative industries is growing - almost exponentially. This new understanding of creativity
underpins the development of many recent strategies at local, state and national levels in
Australia and internationally.
The Victorian Government appointed its first Minister for Creative Industries, the Hon
Martin Foley MP and established the government body Creative Victoria to support and
grow the states creative industries. In April 2016, the State Government launched
PAGE 150
Creative State Victorias first creative industries strategy (2016-2020), supported by

$115 million (M) in new funding.
Currently, community consultation sessions are being held to inform the development of
a new regional strategy which will articulate and set direction on how the Victorian
Government can best support the creative industries in regional Victoria. The strategy
will refocus Creative Victoria's approach to supporting and engaging with creative
practitioners, organisations and communities in regional and rural areas.
Aligned with this policy direction, several Councils across Victoria have recently adopted
strategies based around creativity, including Mount Alexander Shire Council, Mildura
Rural City Council, City of Yarra, City of Stonnington, and City of Greater Dandenong.
Greater Bendigo is well positioned to be a regional leader in our approach to developing
an arts and creative industries strategy.
The finalisation of an Arts and Creative Industries Strategy for Greater Bendigo in 2018
is timed well with the Victorian Governments announcement that Greater Bendigo is one
of four local government areas chosen to participate in the inaugural Regional Centre for
Culture 2018, a year-long celebration of arts, culture and community in Victorias regions.
Report
Peoples desire and opportunities to participate in the arts and creative industries can be
transformational at the individual, community and regional level. The extraordinary rise to
national prominence of the Bendigo Art Gallery, with the program now able to be
supported by the Ulumbarra Theatre, has been transformational in Bendigo. Their
success has to some extent overshadowed the myriad of other activities that are
provided in urban Bendigo and our towns and rural communities by schools, clubs,
groups, and organised and spontaneous events. Levels of participation in all forms of the
arts reflect growing interest, the creativity of people and the capacity of the arts generally
to bring people together, to contribute substantially to peoples health and wellbeing.
Project Scope
The overall purpose of an Arts and Creative Industries Strategy for the City of Greater
Bendigo will be to;
Provide an ambitious vision and strategic direction to guide the growth, decision
making and investment in arts and creative industries in Greater Bendigo over the
next four years
Provide an overall direction and focus for Councils future role and level of
involvement in the arts and creative industries
Prepare a Council policy for supporting the Arts and Creative Industries
Identify evidence for priority settings for informed initiatives and opportunities relevant
to the Greater Bendigo context, and build an evaluation framework for assessing
initiatives and investments
Identify opportunities for investment in infrastructure, programs, projects, events and
initiatives to support the arts and creative industries, to increase participation and
opportunities for all members of the community
PAGE 151
Establish improved processes, structures and partnerships to support the growth and
development of the arts and creative industries and its capacity to reach all members
of the community
Develop an agreed costed action plan for implementation
Process
1. Form internal Project Working Group. This has been formed and includes:
Crs. Matt Emond and Rod Fyffe
Director Strategy and Growth
Director Health and Wellbeing
Director Bendigo Art Gallery
Manager Capital Venues and Events
Manager Regional Sustainable Development
Manager Tourism and Major Events
2. Identify, consult and work with all groups, organisations, and individuals it can reach
who participate in the arts and creative industries and engage with community across
all areas of the City.
3. Develop a common understanding of the arts and creative industries.
4. Stages (3) and (4) above will be initially informed by the preparation of a Discussion
Paper which will comprise a series of information sheets on a wide range of aspects
relating to the arts and creative industries. This material will form the basis of an
extensive community engagement program, in accordance with an agreed
Communications Plan, to be conducted by an independent and experienced facilitator
who will provide a report.
5. A broad based community consultative panel will be formed following this
consultation to assist with the development of the Strategy. The panel will be formed
through approaches to individuals and organisations and by seeking expressions of
interest from the community.
6. A technical advisory group will be formed comprising representatives from state and
regional bodies from the arts and creative industries.
7. Background research will be undertaken to document the contribution and
significance of the arts and creative industries to the economy, employment,
liveability and overall health and wellbeing of all parts of Greater Bendigo and the
wider region.
8. Prepare a draft Strategy. The City has budgeted funds to assist in the engagement of
consultants to assist this process.
9. Engage extensively on a Draft Arts and Creative Industries.
10. Finalise the Strategy for presentation to Council for consideration and adoption.
Timing
The preparation of an Arts and Creative Industries Strategy is timed for completion by 30
June 2018.
PAGE 152
This work is funded from the current 2017 - 2018 budget. Any initiatives that require
additional resourcing will be the subject of a future budget bid.
Attachments
Nil
PAGE 153
Environmental Sustainability - Reports Ordinary Meeting - 20 September 2017
5. ENVIRONMENTAL SUSTAINABILITY
Nil.
PAGE 154
Embracing Our Culture and Heritage - Reports Ordinary Meeting - 20 September 2017
6. EMBRACING OUR CULTURE AND HERITAGE
6.1 GREATER BENDIGO HERITAGE ADVISORY COMMITTEE TERMS

OF REFERENCE
Author Trevor Budge, Manager Strategy

Dr Dannielle Orr, Heritage Planner, Strategy

Director
Purpose
The purpose of this report is to seek Council authorisation of the review of the Heritage
Advisory Committees Terms of Reference (July 2017) to better define the Committees
strategic role and activities to the new Council.
Summary
Heritage is a key element of the liveability of the City of Greater Bendigo. The Greater
Bendigo Heritage Advisory Committee (HAC) is an Advisory Committee to Council.
The Terms of Reference of the Greater Bendigo HAC describes its purpose to:
Provide advice to Councils strategic planning processes, as required, to ensure that
heritage matters are given due consideration;
Provide advice to the Council on the identification, conservation, restoration and
promotion of places of heritage significance, as required, in the municipality; and
Promote community participation in and awareness of heritage issues.
The current Terms of Reference of the Committee was approved in April 2016; however
the July 2017 review of the Terms of Reference will allow them to better reflect the
strategic direction of the new Council, and to fully define the strategic role of the
Committee. The July 2017 review also closely aligns the Terms of Reference for this
Advisory Committee with the governance currently in operation for other Advisory
Committees, such as the Farming Advisory Committee and the Sustainability and
Environment Advisory Committee.
A renewed Heritage Advisory Committee would ensure that it is able to provide stronger
and more strategic visioning for Greater Bendigos invaluable heritage into the future,
governed consistently with other Advisory Committees to Council.
PAGE 155
RECOMMENDATION
That Greater Bendigo City Council resolve to adopt the reviewed Terms of Reference
(July 2017) of the Greater Bendigo Heritage Advisory Committee to define the
Committees strategic role to Council.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
The Greater Bendigo 2036 Community Plan (2010) recognises the importance of
heritage to the community, when it states that Our vision is to share a bountiful
environment, where public spaces showcase beauty, innovation and valued heritage
assets, while benefiting the community (p.4).
The City of Greater Bendigo Council Plan 2013-2017 (2016-2017 Update) has the
strategic objective that the built and natural qualities that make Greater Bendigo an
attractive and appealing place are valued and conserved (Theme 5 Sustainability) which
includes that the history, unique heritage, streetscapes and buildings of Greater Bendigo
are conserved, restored, celebrated and managed wisely for the long term. (Section
5.2).
The previous Greater Bendigo Heritage Advisory Committee Terms of Reference were
adopted under the previous Council on May 25, 2016 (item 7.6) as part of the normal
four year review process from date of adoption.
The Greater Bendigo HAC reviewed its previous Terms of Reference (October 2013) and
endorsed proposed changes at their 21 April 2016 meeting. The Terms of Reference are
reviewed every 4 years. Membership of the Committee consists of one Councillor,
representatives from state government, industry and organisations involved with
heritage, as well as representatives from the community.

Adoption of Greater Bendigo HAC Terms of Reference Ordinary Council meeting 25 May
2016.
Referral of operational Planning Permit demolition applications and Building Act report
and consents to the HAC Ordinary Council meeting 2 November 2005.
Report
Under the current Terms of Reference, the Committee considers many operational
matters that were originally delegated to them by Council as an interim measure when it
did not have an expert Heritage Advisor in the Planning Department.
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Once the position of Heritage Advisor was filled, these interim measures were not
retracted and as a result the Committee now undertakes many activities which are
operational that duplicate officer roles, or duplicate processes already existing in the
organisation.
As a result the Committee spends a considerable amount of time on matters that are
operational in nature. It is advice on matters of a strategic nature that will add the
greatest value to Council as was originally intended.
It is also recommended that the Terms of Reference be more targeted to ensure that in
addition to the current members, persons with strategic skills and experience will be
encouraged to bring experience to the HAC. This will mean that all positions should be
declared vacant and that an Expression of Interest advertising process be carried out. All
existing members would be eligible and strongly encouraged to reapply.
Initiating the review cycle now will bring this process in line with the election of a new
Council, ensuring that the Terms of Reference and the Committee are relevant to an
incoming Council.
This is a matter of medium priority but once in place a new HAC will properly fulfil its role
as an Advisory Committee on strategic heritage matters to Council.
Options/Alternatives:
The alternative is to retain the existing Terms of Reference focused on operational

matters and for the HAC to not fully reach its potential.
Timelines:
Once Council has agreed to the reviewed Terms of Reference this process would
commence immediately.
Internal Consultation:
The Chair of the HAC, Cr Matt Emond and relevant Strategy and Planning Managers and
Co-ordinators, as well as Heritage Officers met to discuss the current HAC and options
at an internal meeting on 7 March 2017.
External Consultation:
The Terms of Reference (July 2017) was circulated to the HAC by email on 13 July for
feedback and discussed further at the 20 July HAC meeting.
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Initiating the reviewed HAC Terms of Reference has a minor resource implication for the
officer time involved in the process. It is anticipated that a defined strategic direction for
the Committee will result in a more efficient use of officers time.
Attachments
1. Heritage Advisory Committee Terms of Reference (July 2017)
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HERITAGE ADVISORY COMMITTEE
TERMS OF REFERENCE
2017 version for Adoption
Adopted by City of Greater Bendigo Council - MM DD, YYYY.
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1. Introduction
Greater Bendigo is a major municipality of northern Victoria.1 It includes the States third
largest city, Bendigo, rural areas, and hinterland towns of Axedale, Elmore, Heathcote,
Marong and Redesdale. Extensive natural areas, including Box-Ironbark forests, are set
aside in national and regional parks, crown land reserves, and public forests, as well as
occurring on private land.
Aboriginal clans occupied the forests and plains of the area, before the arrival of
pastoralists in the later 1830s and 1840s and still maintain a connection to this country.
The discovery of gold in the municipal area in the early 1850s generated an
extraordinary period of development; it brought diggers and settlers to Greater Bendigo,
who established a rich and culturally diverse society. The expansion and influence of
gold mining also impacted on the development of industry, manufacturing and
commerce. The municipal landscape of today reflects all these layers of history and
culture, in the spatial layout of urban areas, agricultural land, and natural environments.
Greater Bendigo is of outstanding historical, social, aesthetic, architectural, and scientific

significance.
Greater Bendigo is of historical and social significance. It was the location of one of
Victorias earliest alluvial gold rushes, followed by the establishment and expansion of
quartz mining. The Bendigo-Eaglehawk field was one of the worlds great nineteenth
century quartz mining centres (the largest in eastern Australia and the second largest in
Australia after Kalgoorlie). The colossal output helped sustain global financial systems
and trade, and was a significant contributor to the development of Melbourne. The
mining activity initiated significant innovations and developments in commerce,
manufacturing and technology. Examples include the first mining stock exchange in
Australia (in the Beehive Building on Pall Mall), one of the largest railway workshops in
Australia, and the foundation of Bendigo Bank and the Myer retail empire. Construction
of a reliable water supply in the Coliban Water reservoir system also influenced historical
development, including the location and viability of settlements and horticulture. Trans-
national immigration associated with gold mining brought a diversity of traditions and
cultural practice. In particular the Cornish, German and Chinese miners have made
significant and ongoing contributions to the culture and development of Greater Bendigo.
German immigrant architects designed buildings which are now regarded as some of the
most significant in regional Victoria, helping to make the municipality of
aesthetic/architectural significance. Bendigo city has one of the highest concentrations of
Victorian Heritage Registered properties in the State, and two of regional Australias
most architecturally distinguished boulevards in Pall Mall and View Street. Bendigo has
an outstanding collection of historic civic buildings, complemented by more modest
collections of civic buildings in other towns. Significant structures in Greater Bendigo
include those associated with industry, public utilities, mining, transport, agriculture,
engineering and manufacturing. Boom style homes and gardens built by mining
speculators contrast with an extensive collection of modest German and Cornish miners
cottages. Many small settlements also retain buildings associated with gold rushes. In
addition, there are significant buildings that represent a diverse vernacular tradition.
1
This Introduction is the Statement of Significance from the adopted Greater Bendigo Thematic Environmental History
(2013).
PAGE 160
There are also fine examples of 19th century town planning layouts and botanic gardens,
public parks and avenues of trees. Extensive natural areas, including Box-Ironbark
forests, rivers, hills and valleys of cultural and aesthetic significance provide a contrast to
the urban centres and agricultural landscapes.
The municipality is of scientific significance. Numerous historical and archaeological sites

associated with different phases and types of gold mining and processing survive, and
demonstrate aspects of mining technology. There are also outstanding examples of
manufacturing industry associated with restructuring of the mining industry, in particular
foundries and engineering works for defence and agriculture, where advances in
technology were also made. There are in addition natural sites of significance throughout
the municipality, including geological and geomorphological sites. These include the Big
Hill ridge which marks the southern gateway to Bendigo.
In order to advise it on policy and matters affecting such areas and to act in the
community interest in protecting and preserving such important assets, the Greater
Bendigo City Council ('Council') has established an expert advisory committee.
2 Terminology
The term heritage refers to the natural, Aboriginal and cultural heritage of Greater
Bendigo and surrounds.
3 Purpose
The Heritage Advisory Committee is a high level strategic group. The purpose of the
Committee is to provide the best possible advice, guidance and representation to Council
on strategic matters concerning heritage.
The Committee will achieve this by:
3.1 Providing advice into Councils strategic planning processes, as required, to

ensure that heritage matters are given due consideration;
3.2 Providing advice to the Council on the identification, management and

conservation, restoration and promotion of places of heritage significance, as
required, in the municipality; and
3.3 Promoting community participation in heritage issues through awareness raising,

education, engagement and mentoring.
4 Membership
To ensure a balanced and comprehensive base for advice, the Committee should
collectively have a diversity of relevant expertise and experience. Ideally there should be
a balanced representation of genders and Indigenous / non-Indigenous identification.
Membership of the Committee shall comprise:
4.1 One (1) elected member of Council, who shall be the Chairperson of the
Committee;
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4.2 One (1) representative of Department of Environment, Land, Water and Planning;
4.3 One (1) representative of Heritage Victoria;
4.4 One (1) representative from the Registered Aboriginal Parities for City of Greater
Bendigo;
4.5 One (1) City of Greater Bendigo representative at a Director or Manager level
from the Strategy and Growth Directorate and relevant City of Greater Bendigo
heritage officers. A heritage officer from the Strategy unit will be appointed as the
Executive Officer to the Committee;
4.6 Up to nine (9) representatives drawn from the community who have expertise,
skills, qualifications, experience and passion for Greater Bendigos heritage or
heritage matters. Membership may include, but is not limited to, representatives or
individual nominations from these following organisations:
Australian Archaeological Association;

Australian Association of Consulting Archaeologists Inc.;
Australasian Society of History Archaeology;
Australia International Council on Monuments and Sites;
Australian Institute of Architects, Victoria;
Australian Institute of Building Surveyors;
Bendigo Field Naturalists Club;
Bendigo Heritage Attractions;
Bendigo Heritage Representatives Group;
Bendigo Regional Archives Centre;
Bendigo Tourism Board;
Engineers Australia;
Golden Dragon Museum;
Goldfields Library Corporation;
La Trobe University, Bendigo;
National Trust of Australia (Victoria);
Professional Historians of Australia, Victoria;
Real Estate Institute of Victoria;
Trust for Nature;
Urban Development Institute of Australia, Victoria; and
Working Heritage.
4.7 If a Committee member is absent for more than 3 (three) meetings without
apology to the Chairperson or Executive Officer, that person will be contacted and
their membership may be revoked.
4.8 Members may be nominated by three methods:
1. All government or government appointed authorities listed in 4.1 - 4.5 will be

formally approached and invited to nominate a suitable delegate.
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2. The Greater Bendigo community will be invited to participate as individuals in

an Expression of Interest and interview process.
3. Organisations listed in 4.6 will be formally approached and invited to nominate

a representative to participate in an Expression of Interest and interview
process.
5 Expressions of Interest
Expression of Interest appointments to the Committee shall be made by Council.
5.1 All members listed in section 4.6 will be open to self-nomination via an Expression
of Interest and interview process. Expressions of Interest will be publically
advertised and relevant organisations will be formally notified.
5.2 All Expressions of Interest will be considered by a Selection Panel. The Panel will
consist of the Chairperson, a City of Greater Bendigo Director or Manager from
the Strategy and Growth Directorate; and the City of Greater Bendigo officer
appointed as Executive Officer. The role of the Selection Panel will be to assess
the Expressions of Interest, shortlist them for interview and following the interview,
to make recommendations to the Council for their appointment.
5.3 The new Committee will be formally appointed by Council.
6 Terms of Appointment
All members shall be appointed for a four (4) year term. At the conclusion of a term all
positions will become vacant.
6.1 Delegates (sections 4.1 - 4.5) shall remain on the Committee for their terms so
long as they represent the government authority referred to or until such time as
Council or the relevant government authority chooses to replace them.
6.2 Individuals (section 4.6) shall remain on the Committee for their term or until such
time as Council chooses to replace them.
6.3 Representatives (section 4.6) shall remain on the Committee for their term so long
as they represent the organisation they are affiliated with or until such time as
Council or the relevant organisation chooses to replace them.
6.4 Exiting members (section 4.6) may apply for further terms of office through the
Expression of Interest and interview process.
6.5 Should a vacancy occur during a term, the Committee may make
recommendations to the Chief Executive Officer to fill it. The term served by the
newly appointed member shall expire at the same time as the current Committee.
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7 Chairperson
The Councillor appointed to the Committee is the Chairperson of the Heritage Advisory
Committee. If the Chairperson is absent, the Committee may nominate any Committee
member present to chair the meeting.
8 Conduct of Meetings
8.1 The Committee will meet bi-monthly, from February to November. Special
meetings may be called for urgent matters as required at the direction of the
Chairperson.
8.2 A quorum shall consist of five (5) Committee members.
8.3 The Committee may invite any individual, interest group, or agency representative
to attend a meeting as a delegation or to submit or present information that will
assist the Committee in carrying out its functions.
8.4 The Committee will endeavour to reach decisions by consensus. Where this is not
achievable, voting rights extend to organisational and community members.
Voting rights do not extend to Councillors or City of Greater Bendigo officers.
9 Conflict of Interest
Committee members should declare a conflict of interest if they are to discuss an item
that, if supported by Council, could result in a direct or indirect benefit or loss to them.
The provisions of the Local Government Act 1989 apply to Councillor members.
10 Dismissal of Members
Council and the Chief Executive Officer retain the right to revoke the membership of any
person found to be acting outside the interests of the City of Greater Bendigo, their
representative government authority (sections 4.1 - 4.5) or affiliated professional
organisation (section 4.6).
11 Insurance
11.1 Public Liability Insurance: Members of any Committee established by the Council
under the Local Government Act or any other enabling legislation or, whilst acting
in that capacity within the scope of their duties for and on behalf of the Council,
are provided with cover under the LMI Broadform Public and Products Liability
and Professional Indemnity Insurance, subject to the LMI policy terms, conditions,
endorsements, exclusions and deductible provisions and relevant clauses.
11.2 Council appointed Committee members, whilst acting in that capacity within the
scope of their duties for and on behalf of Council, are covered within the terms
and conditions of the Councils LMI Public and Products Liability Insurance Policy
for third party personal injury or damage to property (as defined) caused by an
occurrence, and where applicable for breach of professional duty, in connection
with the Business of the Council.
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11.3 The City of Greater Bendigo's insurance policies provide indemnity for personal
injury, property loss, products liability and claims for breach of professional duty,
subject at all times to the Policy "Conditions and Exclusions".
12 Dissolution
Council may resolve, for any reason, to disband the Committee and, upon written notice
to the Committee to that effect, the Committee shall be disbanded.
13 Implementation and Review
Sections of these Terms of Reference (Sections 5 - 16) are standard for Advisory
Committees to Council and are only subject to review by Council or the City of Greater
Bendigo.
The Committee will undertake a review of the other sections of the Terms of Reference
every four (4) years from date of adoption during the first year of a new Council term.
14 Resources
The City of Greater Bendigo will provide administrative and technical support for the
Committee's meetings and a suitable venue.
15 Communication
Minutes of each meeting will be recorded and distributed to the Committee and Council.
15.1 A delegation from the Committee will present annually to Council Briefings on the
Committees activities and initiatives in the previous year.
15.2 Responding to media requests or making public comment on behalf of the

Committee is the responsibility of the Chairperson, Chief Executive Officer or an
authorised City of Greater Bendigo officer. In some circumstances it may be
appropriate for a Committee member to speak publically about the work of the
Committee. In these instances, Chairperson approval must be sought.
16 Confidentiality
The Committee will, from time to time, deal with matters subject to confidentiality.
Confidential items will be specifically identified and Committee members are expected to
observe this provision for the period that the provision applies.
17 Heritage Restoration Loan Scheme
All requests for funding under the Heritage Restoration Loan Scheme will be first
assessed by the City of Greater Bendigo Heritage Advisor. The request will then be
presented to the Committee for consideration and recommendation, before being
presented to Council for decision.
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Lead and Govern for All - Reports Ordinary Meeting - 20 September 2017
7. LEAD AND GOVERN FOR ALL
7.1 FINANCIAL AND PERFORMANCE STATEMENTS
Author Nathan Morsillo, Manager Financial Strategy
Responsible Kerryn Ellis, Director Corporate Performance

Director
Summary/Purpose
The purpose of this report is to approve, in principle, the Financial Statements, and
Performance Statement for the financial year ended 30 June 2017 and to authorise two
(2) Councillors to sign the final statements on behalf of Council.
RECOMMENDATION
That on the recommendation of the Audit Committee, the Greater Bendigo City Council:
1. Approve, in principle, the Financial Statements and the Performance Statement for
the year ended 30 June 2017;
2. Authorise the Principal Accounting Officer to implement any non-material changes to

the Annual Financial Statements and Performance Statement as recommended by
the Auditor-General.
3. Note that any material changes to the Annual Financial Statements and Performance
Statement that may be required by the Auditor-General following review of the
statements will be discussed with the Audit Committee Chair and the Mayor.
4. Authorise the Mayor, Cr ORourke, and Cr Flack to sign the final Annual Financial
Statements and Performance Statement on behalf of, and with the full authority of,
Council.
~~~~~~~~~~~~~~~~~~~~~~~~~
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Policy Context

Goal 1 Lead and Govern for All
Objective 1.3 Be innovative and financially responsible
Strategy 1.3.2 Ensure value for investment on behalf of the community
The Local Government Act 1989 requires the following:

A Council must, in respect of each financial year, prepare an annual report containing:
(a) a report of its operations during the financial year;
(b) audited Financial Statements for the financial year;
(c) a copy of the Performance Statement; and
(d) a copy of the report on the Performance Statement;
(e) any other matter required by the regulations.
Council must not submit the Financial Statements or the Performance Statement to the
Minister unless it has passed a resolution giving its approval in principle to the Financial
Statements and Performance Statement.
The Council must authorise two Councillors to certify the Financial Statements and
Performance Statement in their final form after any changes recommended, or agreed to,
by the auditor have been made.
Report
The City of Greater Bendigo has prepared its annual Financial Statements and
Performance Statement for the financial year ending 30 June 2017. These statements
have been presented to the Audit Committee at their meeting of 14 September 2017.
The Audit Committee reviewed the statements and recommends that Council approve
the statements in principle.
The Council must authorise two Councillors to certify the statements, being the Mayor
Cr ORourke and Cr Flack as members of both Council's Finance and Audit Committees.
The statements are currently undergoing final review by the Auditor-Generals office after
having been approved by Councils external auditors. As soon as the statements have
been finalised, they can be signed by the two authorised Councillors.
Headline results in the financial statements
The statements, including the comprehensive income, balance sheet, cash flows, equity
and capital works statements, summarise Councils financial position as at 30 June 2017.
The following section highlights items of note in the Financial Statements.
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The year end result reported a $50.181 million operating surplus. The budgeted
operating surplus was $53.828 million, resulting in an unfavourable variance of $3.65
million to budget. This result is influenced significantly by asset movements and grants
received during the year. This result is in line with applicable Accounting Standards.
Total income of $246.96 million for the financial year.

Total operating expenses, including non-cash items of $168.65 million.
Council delivery of $80.33 million of Capital Works during 2016/17 ($44.04 million
in 2015/16). Capital Works projects requiring carried forward funding totalled
$29.65 million ($7.80 million in 2015/16).
Cash balances at 30 June are $79.95 million, an increase of $14.8 million from the prior
year. A large percentage of the 30 June cash balance has some form of restriction or
intended allocation for future needs. These include:
Restricted Funds:
o Statutory Reserves $7.04 million
o Trust funds $3.11 million
o Discretionary Reserves (grants) $13.01 million
Cash with intended allocations:

o Discretionary Reserves (excluding grants) $14.96 million
o Carry Forward projects $29.65 million
o Other funds received for future projects $0.75 million
An important ratio reported by Councils is the Working Capital Ratio, which demonstrates
the level of current assets to current liabilities. The City of Greater Bendigos Working
Capital Ratio is 2.32:1 (2016/17 was 2.47:1). This is categorised by VAGOs assessment
criteria to be of low risk to Councils future financial sustainability.
The Performance Statement, beginning at page 54, also includes information on

Council's performance against elements of the Council Plan 2013-2017.
Variances between actual and the 2016/17 budget
Note 2 of the Financial Statements details actual results to budget and includes
explanation of significant variances. This includes variance analysis for Income and
Expenditure and the Capital Works statements, beginning at page 15 of the Financial
Statements.
Major operating activities influencing the results against budget include the following:
Victorian Grant Commission payments were paid early for the 2017/18 year,
resulting in an $8.61 million variance favourable to budget
Non-monetary assets exceeded budget due to Council recognising as assets $15.9
million of Dam Walls and $6.5 million of Tram Tracks for the first time
The Ulumbarra and Capital Theatre experienced higher than budgeted hire
fees/ticket sales through venue events during the year, which increased income by
$2.36 million and costs by a similar amount.
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The budget for 2016/17 contained income for grants for the Indoor Aquatic Centre
and the Bendigo Stadium Expansion. Both these grants were received earlier than
budgeted in 2015/16, resulting in a $12.24 million unfavourable variance to budget
Landfill operations experienced higher expenditure than budgeted due to EPA costs
and the recognition of landfill provision at the Eaglehawk and White Hills sites an
unfavourable variance to budget of $4 million. Refer also to Note 25 for more details
on landfill provisions.
Infrastructure and asset disposals during the year were $24 million higher than
budgeted. Major items included confirmation of Victrack ownership of bridges over
train tracks, leading to $2 million of bridges being disposed of during the period, and
$5 million of roads as part of the renewal program. As part of the revaluation process
at year end a number of loaned artworks were also identified as being, incorrectly, on
the City's books. This led to an adjustment of $13 million during the period.
Risk Analysis:
To the best of the Officer's knowledge, these statements are true and correct.
External Consultation:
These statements were examined by the Audit Committee at its meeting of 14
September 2017.
The annual audit of the Council's Financial Statements costs approximately $49,000 and
the Performance Statements costs approximately $5,000 which is provided for in the
budget.
Budget Allocation in the Current Financial Year: Yes

Current Estimate or Tender Price: $54,000
Projected costs for future financial years: Current costs plus CPI
Conclusion
It is recommended that Council approve the financial and performance statements in

principle and authorise Councillors ORourke and Flack to sign the final version of the
statements.
Attachments
1. Financial Statements
2. Performance Statement
PAGE 169
7.2 ASSET MANAGEMENT POLICY REVIEW
Author Steve Wickes, Coordinator Asset Management

Director
Summary/Purpose
The development of a clear and concise Asset Management Policy provides asset
managers with an understanding of Councils expectations with respect to asset
management outcomes and provides direction for the development of asset
management strategies and objectives.
The Asset Management Policy defines the key principles that underpin asset
management and supports Councils vision, goals and strategic objectives through the
development and implementation of a corporate asset management framework. Such a
framework enables Council to optimise the whole of life costs of its assets, whilst
meeting the present and future service delivery needs of the community and minimising
exposure to risk.
The Victorian Auditor General's Office (VAGO) recommends that councils "accelerate
efforts to review and update their asset management frameworks, policies and strategies
to meet better practice standards" (VAGO Report, Feb. 2014). The Municipal
Association of Victoria recommends that Councils review their asset management
policies every four years.
RECOMMENDATION
That Council adopt the revised Asset Management Policy.
~~~~~~~~~~~~~~~~~~~~~~~~~
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Policy Context

Goal 1 Lead and Govern for All
Objective 1.3 Be innovative and financially responsible
Strategy 1.3.2 Ensure value for investment on behalf of the community
Goal 4 Presentation and Managing Growth

Objective 4.5 Provide and maintain urban and rural infrastructure to
support the liveability of our community
Strategy 4.5.1 Develop and adopt best-practice asset management
principles
Strategy 4.5.2 Develop investment guidelines which will assist Council
investment in new and existing assets
Assets are critical for service delivery and must align with the needs of the service.
Ensuring that Council assets are managed and maintained so that they are fit for
purpose, safe and will satisfy the needs of the community for years to come is essential.
Asset management is a combination of management functions, which include financial,

economic, technical, social and environmental, together with maintenance and renewal
practices applied to all physical assets, with the objective of providing an agreed level of
service in the most cost effective manner whilst maximising the useful life of the assets.
Council has had an Asset Management Policy in place since October 2013.
A commitment within the asset management policy was to develop an Asset

Management Strategy. The purpose of the Asset Management Strategy (AM Strategy) is
to establish the current and preferred states of asset management at the City of Greater
Bendigo and to develop a structured set of objectives and actions to achieve the
preferred state, and to deliver on the commitments nominated in Councils Asset
Management Policy. The asset management strategy and improvement actions are
reviewed and audited annually.
Since October 2013 Council's National Asset Management Assessment Framework

(NAMAF) Score has improved from 589 to 997 (out of 1100). NAMAF was introduced by
the federal government in 2009, to assist Councils to improve their asset management
performance.
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Report
The City of Greater Bendigos physical infrastructure is valued at $1.65 billion and
includes assets such as roads, buildings, kerb and channel, pathways, carparks, bridges,
swimming pools, stormwater drainage, parks and reserves assets, public furniture,
aerodrome and livestock yards.
Effective and integrated asset management is critical for the City of Greater Bendigo to
deliver and maintain appropriate infrastructure to meet the required levels of service in
the most cost effective manner for the present and future community.
The key benefits of good asset management are:
Optimising the life of Councils assets through improved maintenance programs;

Reduced renewal costs through improved planning of proactive maintenance to
assets before they deteriorate and require renewal;
Improved financial planning and decision-making for asset investment in the future
through asset management plans that advise on future asset funding
requirements; and
Reduced risk to Council through improved planning and asset quality.

The Asset management Policy has been updated to satisfy both the 'Core' and
'Advanced' stages of the National Asset Management Assessment Framework.
Councils Asset Management Policy is reviewed every four years, and within 12 months
of a Council Election.
The revised Asset Management Policy has been discussed and endorsed by the Citys
Service and Asset Management Steering Committee (SAMSC), which is made-up of
Directors and Managers from across the organisation. The revised Asset Management
Policy has also been discussed and endorsed by the Executive Management Team.
Councillors also had the opportunity to review the Policy and provide feedback at their
meeting of 7 August 2017.
Many aspects of the Asset Management Policy are commitments to existing practices,
with the development of service plans, the further refinement of asset management plans
and the training of staff to be further developed over time.
The specific impacts of this work will be identified through the annual budget
development processes if required.
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Conclusion
The primary purpose of asset management is to ensure that investment decisions

achieve the best overall return to Council and the community. A greater understanding
of this return will be established in the coming years as service plans are developed and
asset management plans are further refined.
The Asset Management Policy has been revised to ensure its relevance in terms of
community needs and expectations; the visions, goals and objectives in the Community
Plan and statutory requirements.
Attachments
1. Revised Asset Management Policy
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ASSET MANAGEMENT POLICY

Version V1.00 (Original): 23 October 2013
Adoption Date: Version V2.00: August 2017
Next Review Date: May 2021
Author: Co-ordinator, Strategic Asset Management
Adopted By: Council
Responsibility: Chief Executive Officer & Executive Management Team
Relevant Legislation Local Government Act 1989
1. PURPOSE
This Asset Management Policy defines the key principles that underpin asset management and
supports Councils vision and strategic objectives through the development and implementation
of a corporate asset management framework. Such a framework enables Council to optimise
the whole of life costs of its assets, whilst meeting the present and future service delivery needs
of the community and minimising exposure to risk.
2. BACKGROUND
Asset Management is a combination of management functions, which include financial,
economic, technical, social and environmental, together with maintenance and renewal
practices applied to all physical assets with the objective of providing an agreed level of service
in the most cost effective manner whilst maximising the useful life of the assets.
The Victorian Auditor General presented a Report Asset Management and Maintenance by
Councils in February 2014. The report assessed whether local councils effectively manage their
physical infrastructure assets, and identified significant deficiencies in asset renewal planning
and practice, the quality of asset management plans, the linking of service levels to these plans,
the development of asset management information systems, and in councils monitoring,
evaluation and reporting on asset management. The continuing growth in councils asset
renewal gaps remains of considerable concern.
Prudent management of its physical assets, currently valued in excess of $1.6 billion, is a core
Council function and critical to supporting service delivery and maximising the quality of life in
our community, now and into the future.
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3. SCOPE
This policy applies to Council, Council staff, Committees of Management and consultants
responsible for asset management undertaken for or on behalf of Council, and supports
participative decision making by the community.
Council recognises that the very nature of asset management requires input from, and
interaction between, all facets of the organisation, including areas that do not have specific
responsibility for managing assets but make use of Council-owned assets in the delivery of
services.
Accordingly, the roles and responsibilities for ensuring the sustainable and prudent management
of Councils infrastructure are spread across the organisation, including Council, CEO and
Executive Management Team, Service & Asset Management Steering Committee, Managers and
various staff members.
4. VISION
Greater Bendigo: Creating the worlds most liveable community.
Realising Councils vision and meeting increased service delivery demands are dependent on a
functional and cost effective asset base. This requires an integrated and multidisciplinary
approach to asset management, so as to address major planning, resource allocation, and
accountability measures essential for cost effective service delivery.
Achieving best value in relation to both short and long-term needs requires an understanding of
the total costs associated with each asset over its lifecycle (from acquisition, planning and design
through operation, maintenance and rehabilitation to disposal). Adopting a best practice
approach to asset management will enable Council to safeguard the considerable investment
required to sustain its asset portfolio for current and future generations.
5. POLICY GOALS / COMMITMENTS

One of the key basics of service delivery to the community is to provide the levels of service that
the current and future community need, and are prepared to pay for, in the most cost effective
manner and that is affordable. This is also applicable to the infrastructure and other assets
utilised for the delivery of these services.
Council is committed to achieving the expectations of present and future residents of the City of
Greater Bendigo for quality asset-based services at the lowest long-term economic and
environmental cost, through the development and implementation of best appropriate asset
management practices.
It is recognised that the key principles of Council meeting its commitment to Asset Management
are:
As custodians/caretakers of community assets and in accordance with Community Plan
(formerly known as Council Plan), Long-Term Financial Plan, Strategic Resource Plan and
Annual Budgets, provide quality infrastructure assets that support services that are
appropriate, accessible, responsive, affordable and sustainable to the community;
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Manage the performance, risk and expenditure on infrastructure assets in an optimal and
sustainable manner throughout their lifecycle, covering planning, design, development,
operation, maintenance and disposal. Through sustainable asset management, Council will
ensure that its infrastructure assets are fit for purpose, safe, reliable, sustainable and remain
available for the benefit of current and future generations;
Maximise the value of Councils capital, operations and maintenance expenditures within
current revenues, to optimise agreed levels of service, service delivery potential and manage
related risks and costs over the entire life of infrastructure assets;
Undertaking effective preventive maintenance programs and maintaining infrastructure
assets in good condition is much more cost-effective than allowing them to deteriorate to
poor condition where renewal and replacement costs are considerably higher;
Competing demands exist between growth, maintaining existing infrastructure to safe and
acceptable standards, and increasing community needs and aspirations. Recognising this,
preventive maintenance, renewal and utilisation of existing assets will take precedence over
asset upgrades and the creation of new assets to meet existing services;
Decommission and dispose of assets that are under-utilised and no longer economically
viable;
Planning for services and investment in infrastructure assets must accommodate the needs
of a growing and increasingly diverse community;
Involve and consult with the community and key stakeholders on determining service
standards;
Service delivery assets will be created, acquired, maintained and rehabilitated to enable the
organisation to meet its strategic service delivery goals efficiently and effectively;
Service/Asset Management Strategies and Plans will include processes which provide
accountability to the community;
Infrastructure investment decisions shall be made using a structured, transparent and
consistent approach that considers the following:
Demonstrated need and asset function through consultation (fit for purpose, future
demands, demographic).
Level of service and community benefits (community needs and benefits, technical).
Grant funding (financial).
Overall community value of asset ownership (social, environment, heritage values,
economic benefit).
Risk assessments and statutory obligations (financial risk/sustainability, environmental
risk, planning, appropriate design, construction standards, safety).
Lifecycle costing of potential projects.
All proposals for provision of new service infrastructure assets will provide for accessibility,
environmental, social, heritage, risk exposure and financial sustainability needs;
PAGE 176
Prior to consideration of any major works/renewal or improvement to an asset, undertake a

critical review of the long-term need, expected levels of service and the whole of life cost
of that asset. All organisational functions will undertake life-cycle asset management
activities within a strategic framework that is driven by service delivery needs;
Allocate appropriate resources to ensure Asset Management practices can be undertaken
and the timely maintenance and renewal of those assets so that life cycle costs are
optimised (existing and new assets). Optimise the life and use of Council assets;
Continually seek opportunities for multiple use of assets;
External funding to support and maintain community infrastructure assets must be pursued,
wherever possible, to minimise the impact on the community;
Accurately report on all aspects of Council assets, in terms of Operations, Maintenance,
Renewal, Upgrade, Expansion and New;
Ensure that the roles and responsibilities of all asset owners, managers and users are well
defined and understood. Reinforce and support asset management roles and
responsibilities across the organisation at a functional level.
(The various key roles, responsibilities and delegations associated with service delivery and
asset management is documented in the Citys Asset Management Strategy and Roles &
Responsibilities Matrix); and
Invest in appropriate asset management training and development programs for staff and
Councillors.
6. RELATED POLICIES, STRATEGIES AND PLANS

Council recognises that a number of other strategic initiatives will be facilitated by the
achievement of this policys goals/commitments.
In the first instance, sound asset management is a key concept underpinning the Community
Plan. This policy takes guidance from the objectives in the Community Plan. Subsequently, the
City's Asset Management Strategy and Asset Management Improvement Action Plan will be
updated to support the Vision, Goals and Objectives of the Community Plan.
The Asset Management Strategy and Asset Management Improvement Action Plan describe the
current state of Councils of asset management, and provide a roadmap for improving the Citys
asset management and service planning. The Asset Management Strategy and Asset
Management Improvement Action Plan are reviewed and audited annually.
Asset management plans shall articulate how the assets will be managed in the long term and be
linked to Councils Long Term Financial Plan.
Strategic Planning Linkages:
Councils Community Plan
Councils Asset Management Policy
Councils Road Management Plan
CoGBs Community Engagement Policy
CoGBs Asset Management Strategy
Various CoGBs Corporate Strategies & Policies
CoGBs Long-Term Financial Plan (Financial Strategy)
CoGBs Strategic Resources Plan
PAGE 177
Annual Business Plans & Budgets

Asset Management Plans
Service Plans/Strategies
The following schematic shows the linkage between Councils policies, strategies and plans with
respect to asset and financial management.
7. MONITORING and REVIEW

This Policy shall be formally reviewed and adopted by Council when developing its Community
Plan, and within 12 months following Council elections.
This policy will otherwise be monitored regularly to ensure its relevance in terms of community
needs and expectations, Council goals and targets and statutory requirements. The Chief
Executive Officer and Executive Management Team shall review compliance with this policy on a
regular basis and report to Council accordingly.
This policy and associated asset management processes and systems will be independently
audited at intervals not greater than 4 years.
8. REFERENCE DOCUMENTS
Important internal and external resource documents that help to inform the Asset Management
Policy are:
International Infrastructure Management Manual, International Edition - Version 5, 2015.
Australian Infrastructure Financial Management Manual Edition 2, 2015.
National Asset Management Assessment Framework, 2009.
Australian Accounting Standards Board (AASB 116 Property, Plant and Equipment), 2004.
Local Government Act, 1989.
PAGE 178
International Standards for Asset Management ISO 55000 series, 2015.

Road Management Act, 2004.
Councils Road Management Plan Ver. 3, 2017.
Burra Charter 1999 (The Burra Charter and its accompanying guidelines are considered the
best practice standard for cultural heritage management in Australia).
PAGE 179
7.3 RECORD OF ASSEMBLIES
Author Jessica Clarke-Hong, Manager Governance

Director
Purpose
The purpose of this report is to provide the record of any assembly of Councillors, which
has been held since the last Council Meeting, so that it can be recorded in the Minutes of
the formal Council Meeting.
RECOMMENDATION
That Council endorse the record of assemblies of Councillors as outlined in this report.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context

Goal 1 Effective community engagement will guide well informed,
responsive decision-making and financially responsible resource
allocations, which are transparent and accountable.
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.
PAGE 180
The requirement for reporting provides increased transparency and the opportunity for
Councillors to check the record, particularly the declarations of conflict of interest.
Report
Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 24 July 2017
Matters discussed 1. Confidential planning matter
2. CEO position
Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Julie Hoskin
Cr Andrea Metcalf
Cr James Williams
Cr Yvonne Wrigglesworth
Staff/ Mr Craig Niemann (part)
Community Mr Peter Davies (part)
Representatives
Conflict of Interest disclosures

Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil
PAGE 181
Meeting Information
Name/Type
Meeting Date 31 July 2017
Matters discussed 1. Conflicts of interest
2. Road Management Plan
3. Urban Tree Management Policy
4. Youth Strategy
5. Bendigo mosque
6. Ironbark Gully Master Plan
7. Health and Wellbeing Plan
8. Naming of new pool at Kangaroo Flat
9. Home Support Services
10. Bendigo Stadium Limited
11. Councillor Forward Planner
12. Agenda review
13. Flood Study
14. Waste and recycling
Attendees/Apologies
Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Julie Hoskin
Cr Andrea Metcalf
Cr James Williams
Staff/ Mr Craig Niemann
Community Ms Vicky Mason
Representatives Mr Bernie O'Sullivan
Mr Craig Lloyd
Ms Kerryn Ellis
Mr Peter Davies

No. meeting
Nil
PAGE 182
Meeting Information
Meeting Sustainability and Environment Advisory Committee
Name/Type
Meeting Date 1 August 2017
Matters discussed 1. Health and Wellbeing Plan update
2. Environment Strategy Action Plan update
3. Community Grants Assessment Panel
4. Bendigo Mine Dewatering Project Presentation
5. Victorian Environment Assessment Council - Central
West Investigation
6. Climate Council
7. Cooperative Research Centre for Water Sensitive Cities
8. Living Next to Nature booklet
9. National Tree Day
10. Fruit Fly information session
11. Community Power Hubs
12. Funding announcements
Attendees/Apologies
Councillors Cr Rod Fyffe
Cr Jennifer Alden
Cr Andrea Metcalf
Staff/ Mr Bernie O'Sullivan
Community Mr Anthony Sheean
Representatives Ms Lindy Wilson
Mr Trevor Budge/
Ms Jess Milroy
Mr Chris Weir
Ms Pamela Beattie
Mr Colin Smith
Ms Terri Williams
Ms Kelly Button
Mr James Shaddick
Ms Kathryn Stanislawski
Mr Geoff Caine
Mr Mark Costello

No. meeting
Nil
PAGE 183
Meeting Information
Meeting Councillors' Meeting
Name/Type
Matters discussed CEO position
Attendees/Apologies
Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Julie Hoskin
Cr Andrea Metcalf
Cr James Williams
Staff/ Mr Craig Niemann (part)
Community Mr Peter Davies (part)
Representatives

No. meeting
Nil
PAGE 184
Meeting Information
Name/Type
Matters discussed 1. Planning matters and agenda review
2. Planning Scheme Review
3. Meeting with representatives of Deakin University
4. Project prioritisation
5. Victoria Lane
6. Recreation projects and prioritisation
7. Commercial Fitness Operators' Policy
8. Local Laws Review
9. Daryl McClure memorial
10. Waste management
11. Contract issues
Attendees/Apologies
Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Julie Hoskin
Cr Andrea Metcalf
Cr James Williams
Mr Craig Lloyd
Ms Kerryn Ellis
Mr Peter Davies

No. meeting
Nil
PAGE 185
Meeting Information
Name/Type
Matters discussed 1. Legal matter
2. Briefing on Huntly and Crosbie plantations
3. Update on memorial proposal for the late Daryl McClure
4. Asset Management
5. White Night update
6. Meeting Procedure Local Law
7. Review of Council Policies
8. Local Government Act Review
9. Delegation for refusals
10. Nanga Gnulle planning amendment
11. Four Seasons Waste
12. Bendigo Club gaming application
13. Marong Business Park
14. Recovery Shop
Attendees/Apologies
Cr Jennifer Alden
Cr George Flack
Cr Rod Fyffe
Cr Andrea Metcalf
Apologies:
Cr Matt Emond
Cr Julie Hoskin
Cr James Williams
Mr Craig Lloyd
Ms Kerryn Ellis
Mr Peter Davies
Ms Jessica Clarke-Hong

No. meeting
Nil
PAGE 186
Meeting Information
Name/Type
Matters discussed 1. Marong Business Park
2. Councillor discussion on committees
3. The Sharing Economy
4. Wellington Hotel
5. Heathcote Dementia Village
6. Regional Development Australia
7. VicRoads
8. Bendigo Livestock Exchange
9. NBN
10. Tour of Visitor Information Centre
Attendees/Apologies
Cr Rod Fyffe
Cr Andrea Metcalf
Cr Jennifer Alden
Cr Julie Hoskin
Cr Matt Emond
Cr George Flack
Apology:
Cr James Williams
Community Mr Bernie O'Sullivan
Representatives Mr Craig Lloyd
Ms Kerryn Ellis
Mr Lincoln Fitzgerald
Ms Jessica Clarke-Hong
Mr Peter Hargreaves
Apology:
Ms Vicky Mason

No. meeting
Nil
PAGE 187
7.4 CONTRACTS AWARDED UNDER DELEGATION
Author Lee Taig, Contract Support Administrator, Contract and Project

Coordination Unit

Director
Purpose/Summary
The purpose of this report is to provide information on contracts recently awarded under
delegation.
RECOMMENDATION
That the contracts awarded under delegation, as outlined in this report, be acknowledged
by Council.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Delivery of programs, projects and services that respond to community needs.

City of Greater Bendigo Council Plan 2017-2021
Goal 1: Lead and govern for all
Objective: 1:2 Be innovative and financially responsible
PAGE 188
Report
Contract Value Delegated Date

Project Successful Contractor
No (GST Excl) Officer Signed
Service Contracts
Recivil Pty Ltd

Supply of Fulton Hogan
Various Industries Pty Ltd
12
Bituminous Centre State Schedule Craig
July
CT000329 Material and Asphalting Pty Ltd of Rates Niemann
2017
Surfacing Boral Resources (Vic)
Services Pty Ltd
Current Annual Council Budget for the goods/services contracted via this
schedule of rates is $1,300,000.00
Supply and
Delivery of 19
Schedule
Corporate Boltons Office National Kerryn Ellis July
of Rates
CT000322 Printed 2017
Stationery
schedule of rates is $20,000.00
All Purpose
Maintenance Pty Ltd
Hird Constructions
P/L
Specialised Prendergast 25
Bridge Schedule Craig
Earthmoving July
Maintenance of Rates Lloyd
CT000328 Panel Forefront 2017
Engineering Pty Ltd
Avard Civil Pty Ltd
Absafe Pty Ltd
BRD Excavations
schedule of rates is $120,000.00
Capital Contracts
Supply and
22
CT000340 Installation of Cola Solar Bernie
$162,00.00 June
Solar PV OSullivan
2017
Systems
PAGE 189
8. URGENT BUSINESS
Nil.
9. NOTICES OF MOTION
Nil.
10. COUNCILLORS' REPORTS
11. MAYOR'S REPORT
12. CHIEF EXECUTIVE OFFICER'S REPORT
13. CONFIDENTIAL (SECTION 89) REPORTS
13.1 Confidential Report in accordance with Section 89(2)(e) of the Local

Government Act relating to a proposed development
RECOMMENDATION
That Council close the meeting to members of the public pursuant to Section 89(2)(e) of
the Local Government Act 1989 to consider a report relating to a proposed
development.
~~~~~~~~~~~~~~~~~~~~~~~~~
PAGE 190

Council Agenda 20 September 2017

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AGENDA

Ordinary Meeting of Council

6.00pm Wednesday 20 September 2017

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

Copies of the City of Greater Bendigo Councils Agendas & Minutes

Greater Bendigo - creating the wold's most liveable community.

Presentation and Managing Growth

WEDNESDAY 20 SEPTEMBER 2017

ITEM PRECIS PAGE

SUSPENSION OF STANDING ORDERS 6

PUBLIC QUESTION TIME 6

RESUMPTION OF STANDING ORDERS 7

DECLARATIONS OF CONFLICT OF INTEREST 8

1. PETITIONS AND JOINT LETTERS 10

1.1 Response to Petition: Request for Maintenance Works at 10

1.2 Petition: Parking "Girton College and Sacred Heart 13

2. PRESENTATION AND MANAGING GROWTH 14

2.1 Planning Scheme Amendment C233 - Advertising Sign 14

2.3 79 Wattle Street, Bendigo - Two Lot Subdivision and 46

2.4 1469 Calder Highway, Marong - Approval of a 69

2.6 359 Bendigo-Tennyson Road, Huntly North (Lot1, 105

2.8 3 O'Brien Street, Quarry Hill - 5 Lot Subdivision with 123

3. WELLBEING AND FAIRNESS 135

3.2 Bendigo Maubisse Friendship Committee Member 144

4. STRENGTHENING THE ECONOMY 149

4.1 Arts And Creative Industries Strategy 149

5. ENVIRONMENTAL SUSTAINABILITY 154

6. EMBRACING OUR CULTURE AND HERITAGE 155

6.1 Greater Bendigo Heritage Advisory Committee Terms of 155

7. LEAD AND GOVERN FOR ALL 166

7.1 Financial and Performance Statements 166

7.2 Asset Management Policy Review 170

7.3 Record of Assemblies 180

7.4 Contracts Awarded Under Delegation 188

8. URGENT BUSINESS 190

9. NOTICES OF MOTION 190

10. COUNCILLORS' REPORTS 190

12. CHIEF EXECUTIVE OFFICER'S REPORT 190

13. CONFIDENTIAL (SECTION 89) REPORTS 190

13.1 Confidential Report in accordance with Section 89(2)(e) of 190

SUSPENSION OF STANDING ORDERS

PUBLIC QUESTION TIME

Public Question Time Purpose

Public Question Time Where, When And Who

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

RESUMPTION OF STANDING ORDERS

That Standing Orders be resumed.

DECLARATIONS OF CONFLICT OF INTEREST

(a) direct financial interest

Councillors are also encouraged to declare circumstances where there may be a

Minutes of the Ordinary Meeting of Wednesday 16 August 2017.

Petition: Request for Maintenance Works at Kamarooka Hall

1. PETITIONS AND JOINT LETTERS

1.1 RESPONSE TO PETITION: REQUEST FOR MAINTENANCE WORKS

Author Andy Walker, Manager Property Services

Responsible Craig Lloyd, Director Presentation and Assets

The purpose of this report is to provide a response to Council in regards to a petition

That Greater Bendigo City Council:

4. Notify the submitter of the petition of Councils decision.

Community Plan Reference:

City of Greater Bendigo Community Plan 2017-2021:

Previous Council Decision(s) Date(s):

The petition contained 37 signatures.

severe white ant damage

* Broadcast live on Phoenix FM 106.7 *