Ordinary Agenda 12 December 2018
Ordinary Agenda 12 December 2018
Ordinary Agenda 12 December 2018
VENUE:
Reception Room,
Bendigo Town Hall,
Hargreaves Street, Bendigo
NEXT MEETING:
Wednesday 23 January 2019
Bendigo Town Hall
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
Council Values
Six values inform everything we as Council do in working together to be the best we can
for all of our community.
Seeking to achieve the best value for our use of the community’s public funds and
resources, by:
We Lead;
We Learn;
We Contribute;
We Care;
We Respond;
We Respect.
Goals
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ORDINARY MEETING
ORDER OF BUSINESS:
ACKNOWLEDGEMENT OF COUNTRY 5
PRAYER 5
PRESENT 5
APOLOGIES 5
CR WILLIAMS' REPORT 6
CONFIRMATION OF MINUTES 8
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3. WELLBEING AND FAIRNESS 47
5. ENVIRONMENTAL SUSTAINABILITY 54
8. URGENT BUSINESS 67
9. NOTICES OF MOTION 67
____________________________
CRAIG NIEMANN
CHIEF EXECUTIVE OFFICER
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Ordinary Meeting - 12 December 2018
ACKNOWLEDGEMENT OF COUNTRY
PRAYER
PRESENT
APOLOGIES
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.
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.
Questions will be put to the Council by the individual posing the question; the question
will be answered by the Mayor or CEO, or where appropriate, Councillors or Council
Officers.
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Ordinary Meeting - 12 December 2018
Acceptance of Questions
Each person asking a question of Council is required to stand, state their name, and
address the Mayor. Public Question Time is not an opportunity for making of statements
or other comments. Council’s Meeting Procedure Local Law does not allow for other
questions or comments during the remainder of the meeting.
1. An individual may only ask one question per meeting, a follow-up question may be
permitted at the discretion of the Mayor.
2. In the event that the same or similar question is raised by more than one person,
an answer may be given as a combined response.
3. In the event that time does not permit all questions registered to be answered,
questions will be answered in writing or referred to the next meeting if appropriate.
4. The Mayor and or CEO have the right to decline registration on basis of:
Legal proceedings;
More appropriately addressed by other means;
Vague or lacking in substance, irrelevant, frivolous, insulting offensive,
improper, defamatory or demeaning;
Answer likely to compromise his / her position;
Confidential, commercial-in-confidence.
5. Each individual whose registration form has been accepted or declined will be
advised by the Friday of the week prior to the scheduled meeting.
6. In the event of a registration form being declined the registration form will be
circulated to the Mayor or Councillors for information.
CR WILLIAMS' REPORT
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Ordinary Meeting - 12 December 2018
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 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.
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Ordinary Meeting - 12 December 2018
CONFIRMATION OF MINUTES
The following items were considered at the Special Council Meeting held on Tuesday 20
November 2018 at 6:00pm:
The following items were considered at the Ordinary Council meeting held on
Wednesday 21 November 2018 at 6.00pm:
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Ordinary Meeting - 12 December 2018
The unconfirmed minutes have also been posted on the City of Greater Bendigo website
pending confirmation at this meeting.
RECOMMENDATION
That the Minutes of the Special Council Meeting held on Tuesday 20 November 2018
and the Ordinary Meeting of Council held on 21 November 2018, as circulated, be taken
as read and confirmed.
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Petitions and Joint Letters Ordinary Meeting - 12 December 2018
[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)].
The following petition has been received from residents in the Casuarina Gardens area
in Kangaroo Flat regarding the gum trees in the vicinity of the Gardens:
"We are petitioning for the removal of said gum trees, considering them to be a
fire hazard.
This estate is mostly made up of older citizens who will be stressed about the
amount of mess that comes from gum trees being to close to residences.
We do not understand why our council would allow gums to be lining our streets.
If we lived on a farm, we would never plant gum trees so close to our houses
because of the obvious fire risk. This would also be the advice we would get from
the fire services. So why would council put our lives and homes at risk of fire.
We are hoping that someone will listen to us. We have moved to this lovely new
estate and really do not want to spend the rest of our lives cleaning gutters, paths
and gardens from the mess the gums will make. Not to mention the worry that
comes with gums and fire.
As the rate payers of these properties we feel we should have some say about the
trees placed in front of our homes.
We have built low maintenance properties because for the majority of us, our age.
Now we have high maintenance trees in terms of clean up and fire danger.
We sincerely hope that we will be heard and common sense will prevail".
Signatures - 21
RECOMMENDATION
That the petition be received and a response be prepared within two (2) meetings.
~~~~~~~~~~~~~~~~~~~~~~~~~
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
Document Information
Summary/Purpose
Application details: Use and development of land for a service station and associated
car parking; creation of an access to a Road Zone Category 1;
and display of advertising signage
Application No: DC/794/2017
Applicant: GD Design Consultants Pty Ltd
Land: 616-618 Midland Highway, HUNTLY 3551
Zoning: Commercial 1 Zone
Road Zone 1
Overlays: Nil
No. of objections: 34
Consultation 12 June 2018
meeting:
Key considerations: Whether the proposal is consistent with the Greater Bendigo
Planning Scheme.
Will the proposal result in unacceptable traffic issues?
Does the proposal pose unacceptable, off-site amenity
impacts?
Is the design of the proposed buildings and signage
acceptable?
Conclusion: The proposed use and development is an acceptable outcome
with regards to the relevant Planning Scheme provisions and is
recommended for approval.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
RECOMMENDATION
Pursuant to section 61 of the Planning and Environment Act (1987), Council resolve to
issue a Notice of Decision to Grant a Permit for the use and development of land for a
service station and associated car parking; creation of an access to a Road Zone
Category 1; and display of advertising signage at 616-618 Midland Highway, HUNTLY
3551 subject to the conditions at the end of this report:
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Report
The subject site is located on the south eastern side of the Midland Highway, is
rectangular in shape with an overall area of 2,024sqm (made up of two 1,012sqm
parcels). The land is vacant and cleared of all vegetation. The site has road abuttals on
three sides with a frontage of 40.24m onto Midland Highway, 50.29m onto Burgoyne
Street and 40.24m onto Greene Street. It is located within the Commercial 1 Zone.
Land within the General Residential Zone is located to the south east. The lot
immediately opposite the site on Greene Street is currently vacant. To the north east, the
site is adjoined by Council land within the Public Use Zone, which contains the former
Huntly Shire chambers. The site is located within the centre of the Huntly commercial
area with the Huntly Bakery, IGA and other retail premises located on the opposite side
of the Midland Highway.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
Figure 2: Location map showing subject site. Objectors’ properties marked with a star, noting there are
additional objections which are not located on the map.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
Proposal
Use
The proposal details the use of the site for a service station and associated convenience
store. The use will operate seven days per week through the hours of 6am to 10pm.
Development
The proposed layout will see the construction of a 100.1sqm canopy, under which two
sets of truck bowsers will be located close to the north eastern boundary. This canopy
will be 13.09m from the south eastern boundary and 1m from the north eastern
boundary. The canopy will have an overall height of 5.7m.
A larger canopy (374.44sqm) will also be constructed, under which six sets of bowsers
will be located. The canopy will be setback 6.83m from the north western boundary and
4.425m from the south western boundary. The canopy will have an overall height of
5.7m.
A 240sqm convenience shop will be constructed 3m from the south western boundary
and 6.7m from the south eastern boundary. The building will have an overall height of
3.67m and a simple rectangular form. The loading bay and outdoor storage areas will be
located at the rear of the building.
The layout dictates that vehicles will enter from Midland Highway (south bound traffic
only) and via an entry and exit on Burgoyne Street. An exit only crossover is proposed
onto Greene Street which will be right turn only and dedicated for use primarily by heavy
vehicles.
Eight car spaces are proposed along the frontage of the convenience shop building.
Signage
Signage will take the form of an 8 metre high, internally illuminated pylon style sign
displaying the service station branding and the fuel prices, along with signage to the
canopies and convenience shop facades.
The majority of the signage will be the company corporate colours of blue and red.
The proposal creates a crossover onto Midland Highway. This results in the relocation of
an existing street tree and bus stop to further north on Midland Highway.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
Other Provisions
Clause 34.01 Commercial 1 Zone
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
Consultation/Communication
Referrals
The following authorities and internal departments have been consulted on the proposal:
Referral Comment
VicRoads No objection subject to conditions
Public Transport Victoria No objection subject to conditions
Traffic & Design No objection subject to conditions
Drainage No objection subject to conditions
Heritage No objection
Parks and Open Space No objection subject to conditions
Environmental Health No objection subject to notes
Regional Sustainable Concerns raised over consistency with the Greater
Development Bendigo Public Space Plan
Public Notification
The application was advertised by way of notice on the site and letters to adjoining and
nearby owners and occupiers.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
Pedestrian safety
Consistency with the Huntly Township Plan
Crime
Impact on the draft Public Space Plan
Stormwater
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 and 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.
Some of the objections received do not state how the objector would be affected by the
granting of a permit and focus on the viability of the existing businesses in Huntly. As per
the legislative requirements, the impact of the proposal on the viability of existing
businesses in Huntly has not been considered as part this assessment.
Planning Assessment
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 identifies Huntly as a future activity centre. 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.
Clause 21.07 Economic Development incorporates the findings of CLACS and has a
number of relevant key objectives and strategies. A key objective is to support the
development of a network of activity centres that satisfy a range of retail, commercial,
community and residential needs which are responsive to market demand. A key
strategy is facilitating the development of new activity centres in Maiden Gully and
Huntly, where and when there is sufficient catchment to support new centres.
CLACS is silent on the demand for service stations but it does broadly support a mix of
land uses and non-retail employment in the activity centres. The principle of supporting
the use of the land for a service station is appropriate within the wider expansion of the
Huntly activity centre as the proposal would provide employment and service the activity
centre and surrounding catchment.
The Northern Corridor and Huntly Local Structure Plan 2005 proposes solutions that
address issues relevant to the future physical and functional development of the area.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
The structure plan acknowledges the need for services such as a service station in
Huntly, however, states the following:
“It will be important to ensure that the siting and design of development seeks to build on
a village image and complement the rural environment of Huntly. For example, a suitable
location for a petrol filling station would be on the western side of the highway between
Leans Road and Burgoyne Street, not in the centre of the town, whereas a well-designed
motel (non retail land use) may be a suitable use of vacant land on the north east corner
of Burgoyne Street and the highway”.
The structure plan identifies that the subject site should provide for active frontages both
to Midland Highway and Burgoyne Street, however no work has been completed to
introduce design controls to the site.
The Huntly Township Plan 2009 provides a strategic framework for the future
development of Huntly and supports the implementation of a range of actions identified in
the Northern Corridor and Huntly Local Structure Plan 2005. The township plan identifies
the vision for Huntly as follows:
“To retain the bushland character, environmental assets and village setting of Huntly by:
integrating the forest and ecological values into a range of lifestyle opportunities;
improving the accessibility and amenity of the town centre and new local services
through enhanced pedestrian and cycling linkages and reinforcing the existing built form;
encouraging ecologically sustainable development that is connected and resilient; and,
promoting development that takes advantage of public transport”
The township plan is relatively silent on the future use of the site, unlike the structure
plan and it should be noted that there is nothing within the implementation plan for the
township plan which relates to any kind of urban design framework for the subject site
that would assist in achieving the above vision for Huntly and the subject site.
The structure plan and township plan are only reference documents within the Planning
Scheme. Reference documents do not have the same status or carry the same weight in
decision making as incorporated documents. As reference documents do not form part of
the Planning Scheme, limited weight can be placed on them in assessing this
application.
Whilst it is accepted that the proposal is at odds with parts of the above strategic work, it
is argued that the proposal is generally in accordance with the vision for Huntly. The
proposal will enhance economic activity in an activity centre which has experienced rapid
residential growth in recent years. Additional street tree planting and the proposed
landscaping on all boundaries and internally will assist in minimising the impact on the
bushland character vision for Huntly. The proposal will also assist with the pedestrian
linkages outlined in the vision, with conditions requiring the applicant to construct a
footpath along the Burgoyne Street frontage.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
Although the structure plan states a petrol station should not be located within the town
centre, the subject site is large, unconstrained in regards to vegetation, heritage,
inundation or topography and is located on a corner which reduces the number of
sensitive interfaces. The subject site is zoned for commercial use and development and
is located within the identified activity node for Huntly (as per the township plan). The site
also abuts an arterial road that carries traffic levels that reduce the amenity of the area.
The referral response from the Regional Sustainable Development Unit raised concerns
over the proposal being located within the designated Huntly Town Centre and
consistency with the Council adopted Greater Bendigo Public Space Plan 2018
(GBPSP), noting the site adjacent to the subject site is identified as a future town square.
Concerns were raised around whether the service station would complement the town
square setting and a more desirable outcome would be for commercial development on
the site to address and interact with the proposed town square. While it is accepted that
this would be a desired outcome, the strategy is not a reference or incorporated
document within the Planning Scheme and the adjoining site is presently vacant
grassland. It is not fair or reasonable to refuse a planning permit application based on the
strategy, which has little weight in the Planning Scheme.
The proposal includes a standard timber paling fence along the north eastern boundary
(adjoining the proposed, future town square) and includes a metal and timber fence
along the south eastern boundary (adjoining residential land) to assist in minimising the
visual impact of the development on adjoining residential land. As the GBPSP identifies
the adjoining site as being utilised as some form of open space/town square and the
adjoining site also contains significant heritage buildings, it is considered acceptable to
require the applicant to continue the feature fence along this boundary through a
condition on the permit. The articulation of the fence will aid in reducing the visual bulk
and dominance of the fence.
A number of the objections stated that although there is a need for a service station in
Huntly, the subject site is not the correct site and the site would be better utilised for an
alternative land use such as a doctor’s surgery or chemist.
Whilst it could be debated whether there are other land uses that may better serve the
community's needs and better utilise the subject site, a decision must be made on the
proposal submitted and there is no sound justification to refuse the proposal on strategic
grounds when it is an acceptable planning outcome with regards to built form, amenity
impacts, traffic and parking.
Planning policy through Clause 15.01-1S Urban design has the objective to create urban
environments that are safe, healthy, functional, enjoyable and that contribute to a sense
of place and cultural identity.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
It is accepted that it would be desirable from an urban design aspect to have the built
form fronting Midland Highway, however a service station has operational requirements
that require its buildings to be different to a typical commercial development. Trucks and
cars need large turning circles for convenience and safety, the canopy needs to be
relatively large and high for weather protection, and the convenience store has its own
operational requirements. The business also needs advertising that is visible to the
street.
Although active frontages have not been provided, the applicant has designed the
proposal to ensure the layout is functional, whilst also ensuring the amenity impacts on
adjoining land uses are minimised. If the built form was to front directly onto Midland
Highway, there would be a significant increase in the potential off-site amenity impacts
as the bowsers and vehicle movements would be located closer to the residential land
uses. As per Clause 71.02-3 Integrated decision making, the responsible authority
should endeavour to integrate a range of relevant planning policies such as policy
surrounding urban design and amenity impacts.
In terms of safety, no fencing is proposed along the Midland Highway and Burgoyne
Street frontages to ensure surveillance and sight lines throughout the development.
Despite the large setback required for functional reasons, the convenience shop has
been designed to face Midland Highway, to assist in natural surveillance. The proposal
has avoided wide building frontages and blank walls facing the commercial centre whilst
also ensuring the development is well screened and has minimal impact on the
residential development to the rear.
Based on the nature of the use, the proposal is an appropriate urban design outcome.
The applicant submitted a Traffic Impact Assessment Report (TIAR) which was referred
for comment to both VicRoads and the City’s Traffic Engineer.
VicRoads had some initial concerns that the TIAR was not completed by a VicRoads pre-
qualified consultant and regarding the entry and egress onto Midland Highway. An
amended TIAR and amended plans were submitted to address the concerns raised by
VicRoads.
VicRoads concluded that the proposal would not result in an unacceptable impact on the
road network, subject to a single point of access from the Midland Highway to the subject
site and the construction of a left turn treatment. A number of other works will also be
required, including a double barrier line on the Midland Highway and relocation of the
existing bus stop.
Due to the requirements of VicRoads, the proposal has been designed in such a manner
that directs many of the vehicle movements onto the local roads.
One of the limitations of the site is that the size and road frontage does not allow for
efficient, practical heavy vehicle movements in and out of the site to Midland Highway,
hence the need for the Greene Street egress point. Signage will be placed at the Greene
Street exit advising that the crossover is for egress only and right turn only to minimise
the heavy vehicle movements down Greene Street.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
The Traffic Impact Assessment Report was also referred to the City's Traffic Engineer
who consented to the granting of a permit subject to the widening of Greene Street to
allow sufficient room for vehicle turning movements.
A number of the objectors raised concerns over vehicles utilising the local roads and
issues this poses in regards to pedestrian safety, congestion and amenity impacts. The
TIAR and the comments from VicRoads and the City’s Traffic Engineer confirm that the
proposal will not result in an unreasonable impact on the road network. A condition will
be included on the permit requiring a footpath along Burgoyne Street to aid in pedestrian
safety and the application has been amended to change the operating hours from 24
hours to 6am – 10 pm. This will ensure the adjoining residential land is not unreasonably
impacted. It is accepted that there will be some off-site amenity impacts from the
proposal, however the site is located within a commercial zone and the impacts have
been minimised to an acceptable level.
The TIAR estimated the trip generation at the service station will be 64 trips per hour.
When divided into entry and exit trips this results in 32 exit trips per hour. The 32 exit
trips would then be distributed based on the type of customer as follows:
Customers purchasing only fuel or who are also visiting the convenience shop will
likely park at the pumps and therefore exit via Burgoyne Street;
Customers who are only visiting the convenience shop will likely park at the car
spaces at the shop frontage and therefore will exit the site via Burgoyne Street;
Heavy vehicles using the vehicle fuel pumps will exit via Greene Street.
Considering the total number of exit trips per hour is only 32 and the majority of these will
be via the Burgoyne Street exit, the impact on the adjoining residential land uses is not
considered to be unreasonable.
Based on the TIAR and the comments from VicRoads and the City’s Traffic Engineer it is
considered the proposal will not have an unacceptable impact on the road network.
In regards to car parking, Table 1 to Clause 52.06 does not specify a car parking
requirement for a service station, therefore the car parking is considered satisfactory.
The proposal includes 8 car spaces in front of the convenience shop building.
Considering vehicles will predominately be parked at the bowsers, this is considered
ample to accommodate any vehicles which may not be refuelling.
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 an interface with residentially zoned land to the south east. The
proposal has been designed to minimise any potential offsite impacts onto the
residentially zoned land by incorporating the following:
A single storey built form with a setback of 7m from the boundary. The built form
has also been located at the south eastern side of the lot to assist in blocking light
spill and noise from vehicles.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
A 2m high timber and metal fence on the boundary adjoining the residential land,
rather than a solid timber fence.
A 1m – 3m wide landscaping strip along all boundaries.
Reduced operating hours from 24 hours to 6am – 10pm.
Due to the requirements of VicRoads, trucks are required to exit the site via Greene
Street. The exit will be no left turn directing traffic back onto the Midland Highway via
Burgoyne Street. It is accepted that there will be offsite impacts from the use of Greene
Street including noise and light spill from vehicle headlights however based on the
number of dwellings in proximity to the development and their setbacks (closest dwelling
on Greene Street is setback approximately 25m from the street and approximately 60m
from the subject site), the proposed operating hours and that the site is within a
commercial zone, this is considered acceptable.
Conditions will be placed on the permit stating that there must not be any direct light
emissions from the property boundary to another, adjoining or opposite property.
Conditions will also be placed on the permit requiring the lighting be turned off to the
minimum amount necessary to maintain security on site when the site is not operating.
In regards to fumes, any new service station must comply with the relevant guidelines for
odour emissions set by the EPA. These standalone rules sit outside the scope of the
Planning Scheme.
Clause 52.05 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 52.05 considerations the City has an adopted an Advertising and
Signage policy at Clause 22.29.
The majority of the proposed signage is modest and what one would expect for a
commercial development of this nature. The proposal does include an 8m high pylon
sign, however this is acceptable based on the height of the service station canopy and its
location on an arterial road.
The signage is proposed to be predominately red and blue corporate colours which will
aid in minimising the visual clutter on the site.
Conclusion
The proposal has been assessed as meeting all Planning Scheme requirements and in
particular is in compliance with the objectives and strategies of the Planning Policy
Framework and local policies which aim to create vibrant activity centres that meet the
needs of residents.
The objectors' concerns are not sufficient grounds to refuse the application and while the
proposal may not be the most desirable outcome for the site, the proposal is an
acceptable outcome in regards to traffic and parking, built form and amenity impacts.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
There is no sound argument to refuse the application on strategic grounds alone and as
the proposal is an acceptable outcome on all other considerations, it is recommended
that a planning permit be granted.
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
2. NO LAYOUT ALTERATION
The use development permitted by this permit as shown on the endorsed plans
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.
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5. 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.
6. COMPLETION OF LANDSCAPING
Before the use of the development starts or by such later date as is approved by
the responsible authority in writing, the landscaping works shown on the
endorsed plans must be carried out and completed to the satisfaction of the
responsible authority.
7. HOURS OF OPERATION
The use permitted must only operate between the following times;
Monday to Sunday – 6am to 10pm
8. SIGNAGE ILLUMINATION
Any signage proposed to be illuminated must only be operational for the
operating hours of;
Monday to Sunday – 6am to 10pm
10. NO BUNTING
Bunting, streamers, flags, wind vanes or similar material must not be displayed
except with the prior written consent of the responsible authority.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
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.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
(b) Prior to the commencement of any work on the subject land, a functional
layout plan must be submitted and approved by VicRoads showing (but not
limited to) the following:
A single point of entry from the subject land located at the north-east
property boundary. This access must be reinforced with 2 x No Entry
signs on either side of the crossover facing away from the Midland
Highway;
Removal the proposed Midland Highway egress located at the south-
west property boundary;
The removal of the redundant driveway layback on Burgoyne Street
located between the Midland Highway and the proposed Burgoyne
Street crossover;
An AUL(S) left turn treatment into the subject land at the proposed
access location from the Midland Highway in accordance with Austroads
(2017) Guide to Road Design Part 4, Figure A 39;
Relocation of the existing:
o Bus stop on the Midland Highway toward the north-east outside of
the AUL(S) left turn treatment;
o Street tree near the proposed Midland Highway access
approximately 50 metres toward the north-east (near the pedestrian
operated signals);
A double barrier line on the Midland Highway from Burgoyne Street to
the end of the painted median island;
The swept path analysis into the subject land from Midland Highway.
(c) Prior to the development approved by this permit commences use:
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 consultant’s 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 by the
applicant at no cost and to VicRoads’ satisfaction prior to the
development coming into use.
The following road works must be completed to the satisfaction of and at
no cost to VicRoads:
o Construction of the AUL(S) turn lane treatment;
o Construction of all access points to the subject land from the local
and arterial road network and installation of all associated signage;
o Relocation of the Midland Highway bus stop and the existing street
tree; and
o Line marking of the double barrier line on the Midland Highway from
Burgoyne Street to the existing painted median island.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
photos (300dpl) capturing the arrival and departure side of the stop and
include the pole, flag, timetable case and braille ID case to the satisfaction
of Public Transport Victoria.
(c) The permit holder must notify PTV a minimum of 8 weeks prior to any bus
stop relocation / or temporary relocation work approved under this permit.
The permit holder must notify PTV by either calling 1800 800 007 or email
[email protected].
(d) The existing bus stop on Midland Highway in front of the site may continue
to operate during construction, however if a temporary stop in an alternative
location is required, the temporary bus stop must be provided in
consultation with, and to the satisfaction of Public Transport Victoria. Once
the new stop is deemed suitable for operation, the existing and/or
temporary stop must be removed in consultation with Public Transport
Victoria.
(e) Prior to the occupation of the development all works outlined on the
endorsed plans and required within Transport for Victoria’s condition must
be completed to the satisfaction of Public Transport Victoria at the full cost
of the permit holder.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
VicRoads Note:
The discharge of any concentrated drainage onto the Midland Highway road reserve
is not permitted unless approved in writing by VicRoads.
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:
o Construction of an AUL(S) turn treatment and the arterial road crossover;
o Relocation of a bus stop and existing street tree; and
o Any other works in the arterial road reserve. Please forward details marked
attention to David Wallace on: [email protected]
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.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
Document Information
Summary/Purpose
Application details: Amendment of the permit (Use and development of land for a
medical centre; reduction in the number of car parking spaces
required; external painting of the roof of the existing building,
demolition of an outbuilding, replacement of front fence) to
allow an increase in the number of medical practitioners from 1
to 3 and amend plans accordingly.
Application No: AM/210/2017/A
Applicant: Penno Drafting & Design
Land: 141 Don Street, BENDIGO 3550
Zoning: General Residential Zone
Adjoins Road Zone 1
Overlays: Heritage Overlay 111
No. of objections: 11 + petitions with total of 20 names
Consultation No meeting held as the applicant decided to amend the
meeting: application instead of participating in a meeting. This is
discussed further below.
Key considerations: Whether the increase in the number of practitioners would
result in any adverse impacts, with particular regard to
traffic, parking and general amenity.
Conclusion: There is no evidence that the increase in practitioners would
result in adverse impacts to such a degree that the application
should be refused. The proposal would therefore result in an
acceptable outcome and it is recommended that an amended
planning permit be granted.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
RECOMMENDATION
Pursuant to section 61 of the Planning and Environment Act (1987), Council resolve to
issue a Notice of Decision to Grant an Amended Permit for the use and development of
land for a medical centre; reduction in the number of car parking spaces required;
external painting of the roof of the existing building, demolition of an outbuilding,
replacement of front fence at 141 Don Street, BENDIGO 3550 subject to the amended
conditions at the end of this report:
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Background Information
A planning permit was approved for the use and development listed above on 21
December 2017. The medical centre will operate from 8:00am to 6:00pm, Monday to
Friday and from 8:00am to 1:00pm on Saturdays. The approved medical centre was
authorised to have one medical practitioner and ancillary nursing staff. This was to be
regulated through the following permit condition:
PRACTITIONER NUMBERS
No more than 1 practitioner may operate from the medical centre at any one time.
Report
The site comprises an irregular parcel of land on the corner of Don and Mackenzie
Streets. Don Street is an arterial road under the control VicRoads. Access to the site is
via a single width crossover on Mackenzie Street which is a Council road.
The site has a total area of 803m2 with a fall of approximately two metres from the rear to
the front.
The site was last used for residential purposes and has a single storey, inter-war, painted
dwelling sited on it. Other features on the site are a shed and exotic trees in the rear
garden. The shed is to be removed as part of the proposal, as is the vegetation, with the
exception of a palm tree which will be retained as part of the landscaping design for the
site.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
The surrounding area is primarily residential with single storey detached dwellings, the
typical building typology. One notable exception to this residential characterisation is the
Girton Grammar School campus diagonally opposite the site at 83-119 Mackenzie
Street.
Figure 1: Location map showing subject site. Objectors’ properties marked with a star.
Proposal
The original permit approved a reduction in the car parking requirements for the medical
centre. This amendment seeks a further reduction in car parking from the Planning
Scheme requirement on the basis of the increase in the number of practitioners.
This equates to a total of 11 car parking spaces required under the Planning Scheme. 4
spaces are proposed; therefore a reduction of 7 spaces is sought.
The amended application also required plans to be amended to identify the increased
number of consultancy rooms.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
Other Provisions
32.08 General Residential Zone
52.06 Car parking
65 Decision Guidelines
71.02-3 Integrated decision-making
Consultation/Communication
Referrals
The following authorities and internal departments have been consulted on the proposal:
Referral Comment
VicRoads No objection subject to conditions
Traffic No objection subject to conditions
Parking In principle support given. With the following additional comments:
Any requests to introduce parking restrictions (time limits) will only
apply to parking spaces directly adjacent to the property the
planning application relates to.
It is also worth stating that the majority of all day parking in that
area is currently being taken up by Girton staff and staff from other
businesses close by.
Public Notification
The application was advertised by way of notice on the site and letters to adjoining and
nearby owners and occupiers.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
The issues raised in the objections are discussed in the assessment below.
Planning Assessment
As outlined above, 11 spaces are required to be provided under clause 52.06. As only 4
spaces are provided on site, an assessment must be made as to whether a reduction of
7 spaces would be an acceptable outcome.
The applicant has engaged a qualified traffic engineer to provide a car parking demand
assessment as required under 52.06. Some of the main points in the assessment are:
A peak parking demand of 3 staff spaces (long-term) and 4-8 patient related spaces
at times throughout the day could occur.
This equates to an on-street parking demand ranging between 3 car spaces to an
upper limit of 7 car spaces throughout a typical day.
The site is well serviced by public transport, bicycle and pedestrian facilities.
22 vacant car parking spaces (10 in Don Street and 12 in Mackenzie Street) were
available to absorb the short-term demands.
The objectors have raised concerns that parking in the area is severely limited and this
proposal will cause congestion. It is accepted that there is some existing demand for on-
street parking in the area, partly created by Girton Grammar. However, the empirical
evidence provided by the applicant’s traffic engineer is that there is sufficient capacity to
accommodate the anticipated maximum demand of 7 spaces at any one time.
It is reasonable to assume that the practice will undertake measures to ensure that at
least one space is made available for patients, given the lack of on-street parking in the
area. Even if this does not eventuate it is likely that patients will either park and walk to
the practice or use alternative means of transport.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
In the VCAT decision, Turner v Greater Bendigo CC [2018] VCAT 1198, for a place of
assembly at the Sacred Heart Cathedral site (Aspire project), the Tribunal put forward an
opinion, that supported the proposition that visitors may choose not to use their cars and
commented as follows:
120 Even if I am wrong and most patrons drive, and the demand for parking spaces exceeds
the available supply on the mornings of business weekdays, I am not persuaded that the
residents living near the site will be adversely affected to an unreasonable degree.
121 Most of the nearby dwellings have their own crossover, driveway and the capacity to park
several cars on their properties. The occupiers and visitors to the dwellings will be able to
continue to park on their properties. Most residential visitors arrive at night and on the
weekends when parking is not a problem.
This site is roughly 400m from the cathedral and therefore is subject to similar parking
constraints. Nearby dwellings also generally have parking facilities and visitors to those
dwellings would also mostly likely be in the evening and at weekends when there is
greater parking availability. It is also noted that the parking demand for the place of
assembly was 41 spaces and therefore 4 times the demand for this medical centre.
Even if all staff and patrons travel to the centre by car, it seems highly unlikely that the
use would exceed the available car parking capacity and it would therefore be
unreasonable to refuse the application on that basis.
Concerns raised about the safety of students resulting from congestion can be managed
through appropriate permit conditions. The access to the site will be required to have
visibility splays to ensure that pedestrians are in full view when vehicles exit the site.
One objector has commented that this is yet another waiver of statutory car parks. In
response to this, officers say that each application for car parking reduction is considered
on its merits against Planning Scheme guidelines. As outlined in the Aspire decision,
contemporary planning in inner city areas is moving away from the approach of
accommodating the demand for cars toward policies that look to suppress the demand
for car parking. Approval of this waiver would be consistent with the Planning Scheme
policies in this regard.
It is also of relevance to note that the City is aware of ongoing community concerns
regarding parking pressures and a parking trial was undertaken in the area around the
Cathedral and Girton Grammar in January 2018. Furthermore, the City is undertaking a
review of the existing CBD Parking Strategy which will include this area. Residents will
have the opportunity to provide input into this review in due course.
It has also been commented that disabled car parking has not been provided, whereas in
fact a disabled space is shown as one of the four on-site spaces.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
Officers have considered local residents’ parking and traffic concerns and the applicant’s
car parking demand assessment alongside the relevant decision guidelines in clause
52.06 and concluded that the proposal meets the purpose of this clause.
Medical clinics in residential zones can result in some modest noise and disturbance in
terms of the comings and goings of patients. However this would be limited to hours
during the day; 8am to 6pm Monday to Friday and 8am to 1pm on Saturdays. Any noise
arising is unlikely to reach nuisance levels over and above typical noise in the area which
includes traffic noise from Don Street.
Any proposal to introduce timed parking in this or any other area of the municipality
would be taken in isolation from the planning process and be subject to consultation with
affected properties.
A medical centre is an acceptable use in a residential area. Moreover, if it were not for
the car parking reduction component of this application, a permit would not be required
for a medical centre of this size in this location.
Rubbish
It is unclear why the objector considers that rubbish will be an issue. A medical centre
typically does not generate significant amounts of rubbish and there are legal
requirements set by the EPA that regulate the disposal of clinical waste.
Loss of privacy
It is unclear how the increase in the number of practitioners would result in a loss of
privacy.
The trees and shrubs shown on the plan have already been approved as part of the
original permit.
7 adjoining and nearby owners and occupiers of properties were given direct written
notification of the proposal. A notice was also displayed on site for 14 days.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
Conclusion
It is clear from the number of objections received that local residents have strong feelings
about parking and other related matters arising from the proposal to amend the permit.
It can be concluded therefore that this proposal is in general accordance with the
relevant Planning Scheme provisions and that a Notice of Decision to amend the permit
should be issued.
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
Car parking assessment
1. MODIFIED PLAN
Before the use and development starts, 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 two copies
must be provided. The plans must be generally in accordance with the plans
submitted with the application but modified to include:
(a) Amended landscaping plan to accord with condition 3.
(b) A Tree Management Plan in accordance with condition 6.
(c) Amended elevations to provide:
i. Vertical window mullions for the infilled porch, located at the point
where the existing sill curves down and;
ii. Locate the window head just below the protruding string course at the
base of the lintel and design infill panel above to compliment the string
course.
2. NO ALTERATION TO LAYOUT
The development and/or use(s) 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. LANDSCAPING PLAN
Prior to the commencement of the development a landscape plan must be
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
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. COMPLETION OF LANDSCAPING
Before the occupation of the development starts or by such later date as is
approved by the responsible authority in writing, the landscaping works shown
on the endorsed plans must be carried out and completed to the satisfaction of
the responsible authority.
6. TREE MANAGEMENT
(a) Prior to commencement of the development the Developer must prepare
and implement a Tree Management Plan conforming to Australian Standard
AS4970-2009 Protection of trees on development sites. The Tree
Management Plan must be submitted to and endorsed by the responsible
authority.
7. PRACTITIONER NUMBERS
No more than 3 practitioners may operate from the medical centre at any one
time.
8. HOURS OF OPERATION
Except with the prior written consent of the responsible authority, the use
permitted by this permit must operate only between the following times:
Monday to Friday 8am to 6pm
Saturdays 8am to 1pm
9. 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
road reserve.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
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.
PAGE 41
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
Document Information
Purpose
Council has now completed all its requirements under Section 223 of the Local
Government Act 1989 with Council having recently held a Public Hearing on Tuesday 31
July 2018 in regards to the potential disposal of 49 Napier Street, Eaglehawk.
This report:
Documents all submissions received in writing and in person during both the
public notice advertising period and public hearing of submissions; and;
Background
Council resolved that 49 Napier Street Eaglehawk is potentially surplus and a Public
Notice was published on 12 May 2018 providing a period of 28 days for any person to
make a submission in relation to the proposed sale. A total of 12 written submissions
were received during the 28 day period.
At the Ordinary Meeting of 18 July 2018 a copy of all submissions received were tabled
and provided to Council for consideration. Council resolved to appoint a committee to
hear all submissions at a public hearing which was conducted at 5.30pm on Tuesday 31
July 2018.
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
RECOMMENDATION
That Council confirms its resolution of the 18 April 2018 to Sell 49 Napier Street,
Eaglehawk on the basis that:
1. In accordance with Section 223 of the Local Government Act 1989 Council has
publicly advertised the property, provided the opportunity to both receive in writing
and by public hearing any and all submissions including the appointment of a
committee to hear such submissions;
and;
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
PAGE 43
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
REPORT
With reference to the Council Resolution of 18 April 2018, Council resolved that 49
Napier Street Eaglehawk is potentially surplus and in accordance with Section 223 of the
Local Government Act 1989, the property was advertised by Public Notice in the Bendigo
Advertiser on the Saturday 12 May 2018 providing the required period of 28 days (until
close of business 12 June 2018) for any person to make a submission in relation to the
proposed sale.
A total of 12 written submissions were received during the 28 day period of which one
person formally requested to be heard in person.
At the Ordinary Meeting of 18 July 2018 a copy of all submissions received were tabled
and provided to Council for consideration. Council resolved to appoint a committee of
four (4) Councillors to hear all submissions at a public hearing which was conducted at
5.30pm on Tuesday 31 July 2018 in the Reception Room, Municipal Offices, 195
Lyttleton Terrace, Bendigo
All persons who had made a written submission were personally written to and were
provided with the opportunity to be heard in person otherwise their submissions would be
‘taken as read’ at the Public Hearing of submissions.
It was again confirmed that only one individual requested to be heard in person.
This report documents all submissions provided by individuals and groups during public
notice advertising period.
Location First Floor Reception Room, Council Offices Lyttleton Terrace, Bendigo
Public Hearing of Submissions regarding 49 Napier Street Eaglehawk
(As per Council Resolution 18 July 2018 – Appointment of Committee to hear and
consider submissions received on the proposed Sale of 49 Napier Street, Eaglehawk)
Committee:
Councillors Present: Mayor Margret O’Rourke, Cr James Williams, Cr Rod Fyffe and Cr
Andrea Metcalf.
Individual Submission(s):
Out of the total of 12 written submissions received who were provided with the
opportunity to be heard in person, only one individual requested to be heard in person.
The submitter was given the opportunity to present his reasons against the disposal of
the property and he submitted the following comments for Council to consider:
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Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
are not opposed to selling the property but would prefer if council undertook some
further research or planning with current business owners and possible
developers to identify what the longer term development may look like into the
future before placing it on the market.
believed that this property (along with other properties facing both Napier Street
and Victoria Street) could be better considered as part of an overall development
strategy.
are concerned that the current precinct was not offering enough to local residents
and that they were using or visiting shopping centres at Epsom or similar. This
would be an opportunity to plan for this in the short term.
wished to highlight the fact that parking requirements for now and into the future
could be better informed as part of this process.
supported the widening of the lane way to make it a much more safer and
practical link.
After the hearing of the submission, Councillors requested a follow up meeting on the
Eaglehawk structure plan with nominated Councillors. The meeting was undertaken on
Wednesday 8 August 2018. Upon the completion of this meeting the nominated
Councillors were comfortable with the recommendation to go ahead with the sale.
The Committee acknowledged and thanked the individual for his research and comments
for the possible future development of that precinct.
It was acknowledged that the parking was mentioned frequently through the public
process but all Councillors present believe that parking is not an issue and that parking
spaces are readily available.
For future parking requirements this would be considered as further development of the
precinct proceeds.
All the Councillors also acknowledged that previous work and engagement had been
undertaken with the community including business owners and the selling of this property
was supported throughout that process.
Any further longer term development of the precinct can and will still take place and that
selling the property will support that process into the future.
That Council believe it is the correct time to place the property on the market and give
the opportunity for the site to be activated and developed as per the Eaglehawk Structure
plan 2013 and that the existing planning controls will support this.
PAGE 45
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018
Ordinary Meeting 18 July 2018 – Action Item 7.1 Potential Disposal of 49 Napier
Street, Eaglehawk
That Council resolve to appoint the following committee of four (4) Councillors:
Cr Margaret O'Rourke
Cr Rod Fyffe
Cr Andrea Metcalf
Cr James Williams
Ordinary Meeting 18 April 2018 – Action Item 8.1 Potential Disposal of 49 Napier
Street, Eaglehawk
Attachments
Nil
PAGE 46
Wellbeing and Fairness - Reports Ordinary Meeting - 12 December 2018
Document Information
Purpose
To summarise the City’s work undertaken on the Spring Gully Mountain Bike Trail
Network Master Plan and for Council to consider the next stages of the project, including
handing the work over to the relevant land manager and land owner.
Summary
At the Ordinary Council Meeting of 20 September 2017 Council released the draft Spring
Gully Trail Network Master Plan for community feedback and comment. A number of
pieces of work were undertaken as part of the development of the draft Master Plan
including a biodiversity assessment and no net loss report, development of a cultural
heritage management plan, economic impact assessment and cost benefit analysis.
Community engagement was extended from the initial 6 weeks proposed to an 8 month
period (September 2017-April 2018) in an effort to reach an agreed position, however
this has not been achieved. Officers are seeking to conclude this stage of the process
noting that there would be other opportunities for community engagement should the
project proceed.
The community engagement period highlighted that while there is strong support for
mountain biking within Greater Bendigo there are a number of community organisations
and community members who do not support the proposed subject site.
There is further work required to resolve these issues/challenges, which largely concern
the usage of the Regional Park and impact, real or perceived, that user groups have on
each other. With no commitment from Parks Victoria that they would support the
proposal if it was to proceed to the next stage in the process then it makes it hard for the
City to recommend proceeding until Parks Victoria as the relevant Land Manager
resolves these conflicts.
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Wellbeing and Fairness - Reports Ordinary Meeting - 12 December 2018
RECOMMENDATION
That Council:
acknowledge the work done to date on the Spring Gully Mountain Bike Trail
Network Master Plan;
hand this work over to Parks Victoria as the relevant land manager and the
Department of Environment, Land, Water and Planning as the land owner for
consideration; and
advocate to Parks Victoria for a more active management of the site and its
different user groups.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
PAGE 48
Wellbeing and Fairness - Reports Ordinary Meeting - 12 December 2018
The City’s 2014 Active Living Census outlines that Cycling is the third most popular
physical recreation activity among Greater Bendigo residents and Spring Gully, is one of
the most popular locations for the activity.
Background Information
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.
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. Remplan were engaged to
provide an economic impact assessment and cost benefit analysis to further inform the
project.
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Wellbeing and Fairness - Reports Ordinary Meeting - 12 December 2018
The draft Master Plan featured a trail network approximately 52km’s 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:
The existing 28.09km of Mountain Bike trail included in the draft Master Plan comprises
of numerous sections of poorly and informally constructed trails, which would be
assessed and rebuilt in line with established standards where appropriate to reduce
erosion and negative environmental impacts on the subject site.
The City received an endorsed Cultural Heritage Management Plan, which was lodged
with the Secretary, Department of Premier and Cabinet on 23 October 2018.
1. Release the Draft Master Plan for a period of six weeks and invite the community
to review and provide comments on the plan.
Report
Of the submissions received, the majority were supportive of the project based on the
health and wellbeing benefits to the community, potential for economic growth, desire for
an improved experience and for protection of the Regional Park.
There were a number of submissions which are strongly against the formalisation of
trails within a Regional Park. It is the officers’ opinion that the main reason for this
position is based on the principle belief that mountain bike trails should not be permitted
within the Regional Park. From discussion with the submitters they have outlined that
they are not against mountain bike riding, but believe it should be outside the Regional
Park and preferably on private property.
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Wellbeing and Fairness - Reports Ordinary Meeting - 12 December 2018
Key reasons for this include concerns over the impact on the habitat of the Brush Tailed
Phascogale and the increasing proliferation of illegal trails within Regional and National
Parks throughout Greater Bendigo. It should be noted that the Bendigo Mountain Bike
Club have committed to working with Parks Victoria to rehabilitate some of these illegal
trails and prevent the creation of further illegal trails.
Representatives from Parks Victoria and the Department of Environment, Land, Water
and Planning (DELWP) met with Council in July 2018 to discuss the project and their
organisations’ respective positions and any future process requirements. As part of this
discussion it was confirmed that mountain biking is permitted on formed tracks at the
subject site where it does not impact on other users of the Regional Park. However,
there were a number of further key issues discussed including:
no commitment from Parks Victoria that they would support the proposal if it was
to proceed to the next stage in the process;
acknowledgement that the proposed site is of a higher environmental value than
the site used for the Harcourt Mountain Bike Trail; and
that environmental offsets could cost anywhere between $480,000 and $900,000
and there is no guarantee that these offsets would be satisfactorily sourced.
If the project progresses to the next stage the following process will be necessary:
Council’s adoption of the draft Spring Gully Trail Network Master Plan endorsed the
project to progress to a further stage of consideration with Council’s support but did not
allow or commit Council to deliver it given the proposal relates to property which is not
owned or managed by the City.
The City acknowledges that mountain biking is a positive community activity and aligns
well with our goal of trying to increase physical activity in the community, however we do
not have any mandate to be making decisions regarding the usage of the subject site.
With no commitment from Parks Victoria to support the proposal should it proceed to the
next stage of the process it is recommended that the work be handed over to Parks
Victoria and DELWP, as the land manager and land owner respectively, for their
consideration.
This will allow for the site specific issues, including managing the different usages of the
Regional Park, to be addressed by Parks Victoria as part of their consideration of the
Spring Gully Mountain Bike Trail Network Master Plan. It was made clear during the
engagement that there are currently tensions between different users of the Regional
Park and officers recommend that Council also advocate to Parks Victoria to work with
these groups more actively.
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Wellbeing and Fairness - Reports Ordinary Meeting - 12 December 2018
Options/Alternatives:
2. Council acknowledges the work undertaken on the Spring Gully Trail Network
Master Plan and hands this work over to the land owner (DELWP) and land
manager (Parks Victoria) for consideration.
3. Council endorses the Spring Gully Trail Network Master Plan and progresses to
the next stages of planning for future delivery.
Timelines:
Consultation/Communication
There were a number of engagement activities included during the engagement period
with the opportunity to provide comment promoted through local newspapers, social
media, correspondence to community groups and a mail out to over 400 surrounding
residents.
The Mayor and officers met with a number of community stakeholder groups during the
engagement process and a community roundtable was held in April 2018 as a result of
these (minutes included as Attachment 3 to this report).
The purpose of the roundtable was to facilitate a discussion with stakeholders of the
proposed Spring Gully Mountain Bike Trail Network that:
Gave stakeholders an opportunity to voice their needs and concerns
Gave community stakeholders the opportunity to ask questions of Council staff
and councillors, agencies and consultants
Allowed Council to understand the needs and concerns of each stakeholder
group.
Council met with representatives from Parks Victoria and DELWP in July 2018 to discuss
the project further and their organisations’ respective positions and any future process
requirements.
Resource Implications
PAGE 52
Wellbeing and Fairness - Reports Ordinary Meeting - 12 December 2018
Attachments
PAGE 53
Strengthening the Economy
Environmental Sustainability
Embracing Our Culture and Heritage Ordinary Meeting - 12 December 2018
Nil.
5. ENVIRONMENTAL SUSTAINABILITY
Nil.
Nil.
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Lead and Govern For All - Reports Ordinary Meeting - 12 December 2018
Document Information
Purpose
The purpose of this report is to appoint Councillors to various Council and community
committees for the 2018/2019 Mayoral Term.
RECOMMENDATION
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Background Information
PAGE 55
Lead and Govern For All - Reports Ordinary Meeting - 12 December 2018
Report
PAGE 56
Lead and Govern For All - Reports Ordinary Meeting - 12 December 2018
Committee Councillor
2018-19
(DIRC) Cr Flack
Cr Pethybridge
Farming Advisory Committee Cr Metcalf
Cr Alden
Cr O'Rourke
Finance Committee All
Gender Equity Working Group (Internal) Cr Alden
and Gender Equity Coalition (External) Cr Wrigglesworth
Goldfields Library Corporation Ordinary Cr Fyffe
Library Board Meeting
Heritage Advisory Committee Cr Emond
Integrated Municipal Emergency Cr Flack
Management Planning Committee Cr Pethybridge
Integrated Transport and Land Use Cr O'Rourke
Strategy (ITLUS) Community Reference Cr Fyffe
Group Cr Pethybridge
Cr Williams
Integrated Transport and Land Use Cr O'Rourke (Chair)
Strategy (ITLUS) Steering Committee Cr Fyffe
Cr Pethybridge
Cr Williams
La Trobe University Bendigo Athletics Cr Flack
Complex Committee (LUBAC)
Loddon Mallee Local Government Waste Cr Metcalf
Forum
Municipal Association of Victoria (MAV) Cr Fyffe
Sub rep Cr Metcalf
Municipal Fire Management Committee Cr Flack
Cr Fyffe
Positive Ageing Advisory Committee Cr Flack
Cr Pethybridge
Rail Freight Alliance Cr Williams
Rosalind Park Recreation Reserve Cr Emond
Precinct Advisory Committee Cr Metcalf
Rural Communities Committee Cr Fyffe
Cr Pethybridge
Cr Wrigglesworth
Sustainability and Environment Advisory Cr Alden
Committee Cr Metcalf
Cr O'Rourke
Workspace Australia Board Council officer
Attachments
Nil
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Lead and Govern For All - Reports Ordinary Meeting - 12 December 2018
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Lead and Govern For All - Reports Ordinary Meeting - 12 December 2018
Document Information
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
Background Information
1. A planned or scheduled meeting that includes at least half the Councillors (5) and a
member of Council staff; or
2. an advisory committee of the Council where one or more Councillors are present.
The requirement for reporting provides increased transparency and the opportunity for
Councillors to check the record, particularly the declarations of conflict of interest.
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Lead and Govern For All - Reports Ordinary Meeting - 12 December 2018
Report
Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 22 October 2018
Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Andrea Metcalf
Cr Yvonne Wrigglesworth
Apology:
Cr James Williams
Staff/ Mr Craig Niemann
Community Mr Bernie O'Sullivan
Representatives Ms Vicky Mason
Ms Debbie Wood
Mr Andrew Cooney
Mr Peter Hargreaves
Apology:
Mrs Jessica Clarke-Hong
Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 1 October 2018
Attendees/Apologies
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Lead and Govern For All - Reports Ordinary Meeting - 12 December 2018
Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 5 November 2018
Matters discussed 1. Arts and Creative Industries Strategy
2. Outdoor Performing Arts Space Feasibility
progress report
3. Spring Gully Mountain Bike Trail Network Masterplan
4. Belgravia Leisure Centre
5. Instrument of Delegation to the Chief Executive Officer
6. Election process for Mayor and Deputy Mayor 2018/2019
Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Andrea Metcalf
Cr Mal Pethybridge
Cr James Williams
Cr Yvonne Wrigglesworth
Staff/ Mr Craig Niemann
Community Mr Bernie O'Sullivan
Representatives Ms Vicky Mason
Ms Debbie Wood
Mr Andrew Cooney
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Lead and Govern For All - Reports Ordinary Meeting - 12 December 2018
Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 12 November 2018
Matters discussed 1. Planning matters and draft Ordinary Agenda review
2. Solar projects
3. Goldfields Library
4. Outdoor Performing Arts Space
5. Pre-Summer Emergency Management Briefing
6. Forward Agenda
7. Finance Committee Quarter 1
8. Election process for Mayor and Deputy Mayor 2018/2019
Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Andrea Metcalf
Cr Mal Pethybridge
Cr James Williams
Cr Yvonne Wrigglesworth
Staff/ Mr Craig Niemann
Community Mr Bernie O'Sullivan
Representatives Ms Vicky Mason
Ms Debbie Wood
Mr Andrew Cooney
Mrs Jessica Clarke-Hong
Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 19 November 2018
Matters discussed 1. GovHub
2. Arena Theatre briefing
3. Bendigo Art Gallery annual update
4. Budget briefing
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Lead and Govern For All - Reports Ordinary Meeting - 12 December 2018
Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Andrea Metcalf
Cr Mal Pethybridge
Cr James Williams
Cr Yvonne Wrigglesworth
Staff/ Mr Craig Niemann
Community Mr Bernie O'Sullivan
Representatives Ms Vicky Mason
Ms Debbie Wood
Mr Andrew Cooney
Mrs Jessica Clarke-Hong
Ms Miki Wilson
Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 26 November 2018
Matters discussed 1. Councillor representation on Council and community
Committees for 2018/2019
Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Andrea Metcalf
Cr Mal Pethybridge
Cr James Williams
Cr Yvonne Wrigglesworth
Staff/ Mr Andrew Cooney
Community
Representatives
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Lead and Govern For All - Reports Ordinary Meeting - 12 December 2018
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Lead and Govern For All - Reports Ordinary Meeting - 12 December 2018
Document Information
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
Report
Capital Contracts
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Lead and Govern For All - Reports Ordinary Meeting - 12 December 2018
Service Contracts
Panel of Suppliers
Supply & Delivery of Epsom Sand and Soil Trading
Pty Ltd
Approved Top Soil,
Allstone Quarries Pty Ltd Schedule of
Ground Cover & Axedale Turf Pty Ltd Debbie Wood 05 November 2018
Rates
CT000412 Special Application Coolabah Turf
Materials DJ & JM Fitt
StrathAyr Pty Ltd
Current annual Council Budget for the goods/services contracted via this schedule of rates is $250,000.00
Provision of Tree
Schedule of
Stump Removal and Hickmans Pty Ltd Debbie Wood 08 November 2018
Rates
CT000419 Reinstatement
Current annual Council Budget for the goods/services contracted via this schedule of rates is $118,000.00
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Ordinary Meeting - 12 December 2018
8. URGENT BUSINESS
Nil.
9. NOTICES OF MOTION
Nil.
RECOMMENDATION
That Council close the meeting to members of the public pursuant to Section 89(2)(d) of
the Local Government Act 1989 to consider reports relating to contractual matters.
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