You are on page 1of 20

Planning for Growth - Reports

2.

Ordinary Meeting - 15 June 2016

PLANNING FOR GROWTH

2.1

316-318 HIGH STREET, KANGAROO FLAT - 34 LOT SUBDIVISION,


REMOVAL OF VEGETATION, VARIATION OF EASEMENTS AND
ALTERATION OF ACCESS TO ROAD ZONE CATEGORY 1

Document Information
Author

Shannon Rosewarne, Senior Planner

Responsible
Director

Prue Mansfield, Director Planning & Development

Summary/Purpose
Application details:

Subdivision of land into 34 lots, removal of vegetation,


variation of easements and alteration of access to a road in
Road Zone Category 1

Application No:

DS/100/2016

Applicant:

Tomkinson Group

Land:

316-318 High Street, KANGAROO FLAT 3555

Zoning:

General Residential Zone


Road Zone 1

Overlays:

None

No. of objections:

3 and a petition

Consultation
meeting:

A meeting was held on 19 April 2016 attended by the


applicant and 2 objectors, however the objections were not
able to be resolved.

Key considerations:

Whether the proposed subdivision is an appropriate


outcome;
The natural environment and loss of native vegetation;
Compliance with ResCode (Clause 56);
Traffic impacts;
Flooding and drainage;
Amenity considerations;
Cultural heritage.

Conclusion:

The site is in a good location to provide new housing in terms


of accessibility to employment opportunities, leisure, shopping
facilities and public transport. The proposal is consistent with
the established neighbourhood character.

PAGE 9

Planning for Growth - Reports

Ordinary Meeting - 15 June 2016

This report considers the application and recommends that


Council issue a Notice of Decision to Grant a Planning Permit.

Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2015-2016 Update)
Planning for Growth
Housing options provide broader choice in order to meet current and future
community expectations and needs.
Sustainability
The built and natural qualities that make Greater Bendigo an attractive and appealing
place are valued and conserved.
Report
Subject Site and Surrounds
The site consists of one land parcel with an area of 2.7 hectares. It contains a single
storey, weatherboard dwelling and garage (for which a demolition permit has been
issued), remnant vegetation as well as some exotic plantings and two dams. A drainage
line runs in a north south direction through the site.
The site has a frontage of 43 metres to High Street and 15 metres to Kingerlee Drive, but
otherwise abuts residential land on all sides. Access to the site is currently via the High
Street service road.
The surrounding area comprises residential development, with a range of lot sizes,
housing styles and eras. The adjoining land to the north is developed with 22 units and a
community centre, while the abutting land on High Street is developed with single storey
weatherboard and brick dwellings generally dating from the 1950s to 1970s. The abutting
land to the west on Elvey Drive is developed with single storey detached brick dwellings
dating to the 1990s onwards.
A planning permit (DS/63/2013) has issued for a 61 lot subdivision of adjoining land to
the east, known as 340A High Street, Kangaroo Flat. This subdivision is currently under
construction. A planning permit application (DS/3/2016) for a 20 lot subdivision of 7
Clarcoll Crescent, Kangaroo Flat is currently being considered by the City.
The subject site is located approximately 2 kilometres south of the Kangaroo Flat activity
centre, and 5.3 kilometres from the Bendigo city centre.

PAGE 10

Planning for Growth - Reports

Ordinary Meeting - 15 June 2016

Figure 1: Location map showing subject site. Individual objectors properties marked with a star.

Figure 2: Aerial photograph showing subject site.

Proposal
The proposal is for a 34 lot subdivision and the removal of native vegetation. All native
vegetation will be deemed to be lost as a result of the subdivision. A new road is
proposed to provide access to the site off both High Street and Kingerlee Drive. All the
lots created by the subdivision will front the proposed internal roads.
A 1,072 square metre reserve for drainage purposes is proposed to be provided along
the northern boundary of the site.
The proposed lots will range from 425 to 787 square metres in size, with the average lot
size being 571 square metres.

PAGE 11

Planning for Growth - Reports

Ordinary Meeting - 15 June 2016

A walkway is proposed along the southern boundary of the site which will provide
pedestrian access from High Street to the subject land, the adjoining subdivision and
existing residential developments.
Existing drainage easements are proposed to be removed and replaced with new
easements, as shown on the plan below. All the lots in the subdivision will be fully
serviced by reticulated water, sewerage and electricity.

Figure 3: Proposed plan of subdivision

PAGE 12

Planning for Growth - Reports

Ordinary Meeting - 15 June 2016

Planning Controls - Greater Bendigo Planning Scheme


The following clauses are relevant in the consideration of this proposal:
State Planning Policy Framework

11
11.05
11.12
12.01
15.01
15.02
15.03-2
16.01
18.02
19.03

Settlement
Regional development
Loddon Mallee South Regional Growth
Biodiversity
Urban environment
Sustainable development
Aboriginal Cultural Heritage
Residential development
Movement networks
Development infrastructure

Municipal Strategic Statement

21.05
21.06
21.08
21.10

Settlement
Housing
Environment
Reference documents

Other Provisions

32.08
52.01
52.17
56
65

General Residential Zone


Public Open Space Contribution and Subdivision
Native vegetation
Residential Subdivision
Decision Guidelines

Consultation/Communication
Referrals
The following authorities and internal departments have been consulted on the proposal:
Referral

Comment

Powercor

No response. Standard conditions to be applied.

Coliban Water

No objection subject to conditions.

Downer Utilities

No objection subject to conditions.

NCCMA

No objection, no conditions.

VicRoads

No objection, no conditions.

Department
of No objection, subject to conditions.
Environment, Land, Water
and Planning
PAGE 13

Planning for Growth - Reports

Ordinary Meeting - 15 June 2016

Referral

Comment

Traffic & Design

No objection subject to conditions

Drainage

No objection subject to conditions

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, 3 objections and a petition containing 98 signatures were
received. A consultation meeting was held with 2 of the objectors, however their
concerns were not able to be resolved. The grounds of objection are:
Land was intended to be used as a wildlife reserve and not be developed.
Concern about loss of native vegetation and impact on habitat for wildlife.
Concerns about flooding and drainage.
Traffic impacts, including access via High Street.
Concerns about amenity impacts including privacy impacts and potential for
overlooking if two storey dwellings are constructed on the land, and an increase in
traffic and noise.
Concerns about the protection of Aboriginal cultural heritage.
Proposal will only comply with the minimum requirements of Rescode.
The objections are discussed in the assessment below.
Planning Assessment
State Planning Policies
The State Planning Policies which are relevant to this application are previously identified
in this report.
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. 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,
PAGE 14

Planning for Growth - Reports

Ordinary Meeting - 15 June 2016

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 12.01 (Biodiversity) relates to the protection of Victorias biodiversity and native
vegetation management, with the objective of Clause 12.01-2 (Native vegetation
management) being to ensure that permitted clearing of native vegetation results in no
net loss in the contribution made by native vegetation to Victorias biodiversity.
Native vegetation on the site will be deemed as lost as a result of this proposal, however
it will be appropriately offset, with permit conditions outlining offset requirements.
The importance of energy and resource efficiency is referenced in Clause 15.02
(Sustainable development). The proposal will make efficient use of existing utilities and
public transport networks, and will provide for sufficient solar access for new dwellings.
Clause 15.01 (Urban environment) contains objectives and strategies relating to the
design of subdivisions which achieve attractive, liveable, walkable, cyclable, diverse and
sustainable neighbourhoods. The proposal will contribute to a livable and sustainable
community through the provision of a range of lot sizes, and it will support existing
activity centres and public transport networks.
Clause 15.03-2 (Aboriginal Cultural Heritage) has the objective of ensuring the protection
and conservation of places of Aboriginal cultural heritage significance. In this case, the
site is not within a mapped area of cultural heritage significance; as such a Cultural
Heritage Management Plan is not required to be prepared.
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.
The subdivision of the site into 34 lots will support an increased residential density which
can be appropriately facilitated through the provision of services and infrastructure. The
subdivision will increase the availability of housing in an established part of Kangaroo
Flat. The site is well serviced by public transport, as bus routes 5 and 55 are located on
High Street, with connections to the Kangaroo Flat Railway Station and other facilities
and services in the vicinity including Lansell Square shopping centre, the Kangaroo Flat
activity centre on High Street, a number of schools, kindergarten and childcare, and open
spaces for passive and active recreation.
Clause 18.02 (Movement networks) promotes sustainable personal transport, cycling
and public transport. The proposal supports these policies as the site is well located to
take advantage of existing public transport, and the subdivision will provide for a
pedestrian link and footpaths.
Clause 19.03 (Development infrastructure) identifies the need to provide for social and
physical infrastructure in a way that is efficient, equitable, accessible and timely, and
encourages the efficient use of existing infrastructure and services. The site is located in

PAGE 15

Planning for Growth - Reports

Ordinary Meeting - 15 June 2016

an area which can be fully serviced by utilities and is within proximity to a range of
established social infrastructure.
Local Planning Policies
Clause 21.05 (Settlement) and Clause 21.06 (Housing) within the Municipal Strategic
Statement (MSS) are supported by a residential development strategy which advocates
for urban consolidation. Clause 21.08 (Environment) recognises the importance of Box
Ironbark forests in the municipality. This clause notes that heavily forested areas along
with areas of native vegetation on roadsides and waterways, provide an important
framework of remnant habitat and wildlife corridors surrounding Bendigo.
The land is zoned General Residential and is located within the Urban Growth Boundary.
The proposal meets the overarching objectives of both the Bendigo Residential
Development Strategy (2004) and the Greater Bendigo Residential Development
Strategy (2014) as it provides for urban consolidation in an area which has good access
to local services and facilities.
A key component of the adopted Greater Bendigo Residential Development Strategy
(2014), which will be introduced into the Planning Scheme via Amendment C215, is to
implement the concept of 10 minute neighbourhoods around activity centres. The
proposal is consistent with this principle as shown on the locality plan below.

PAGE 16

Planning for Growth - Reports

Ordinary Meeting - 15 June 2016

Figure 4: "10 minute neighbourhood"

The site is located within the southern part of the study area within the adopted
Kangaroo Flat South Regional Centre Structure Plan (2006), a high level strategic plan
which is listed as a reference document at Clause 21.10 of the MSS. The Structure Plan
shows the site and surrounding land being in an area designated for landscape sensitive
residential low density development. A new road connection is shown off High Street,
which is consistent with the proposed new access.
It is noted that the proposed subdivision will create a development at a higher density
than suggested by the Plan. The adjoining land to the west of the subject site will also be
subdivided at a more conventional density. The native vegetation that exists on the site is
not deemed to be of high quality or high conservation significance and its biodiversity
value would be lost even if the land was developed at a lower density, and appropriate
PAGE 17

Planning for Growth - Reports

Ordinary Meeting - 15 June 2016

drainage for the site can be achieved. The land is zoned General Residential Zone and is
not subject to any environmental or landscape overlays. The site is well located in terms
of proximity to services and facilities in Kangaroo Flat. Therefore, there is no reason to
require that the land be developed at a lower density than that which has been proposed,
and the proposal is consistent with the established neighbourhood character.
General Residential Zone
The purpose of the General Residential Zone includes:
To encourage development that respects the neighbourhood character of the area.
To implement neighbourhood character policy and adopted neighbourhood character
guidelines.
To provide a diversity of housing types and moderate housing growth in locations
offering good access to services and transport.
The site is appropriately zoned to cater for residential development at the scale and
density proposed in this application. There is no applicable residential character policy
for this area, however lot sizes in the immediate area generally range in size between
500 and 800 square metres. The lots are principally developed with single storey,
detached dwellings with associated outbuildings. The proposed subdivision will provide
for lots of similar sizes, with the average lot size being 571 square metres. The site is
well located in terms of access to services and transport, as noted previously.
Compliance with Rescode (Clause 56)
The application has been assessed against all the relevant objectives and standards of
Clause 56 and is deemed to comply.
Clause 56.01-1 Subdivision site and context description
The application was accompanied by a written statement describing how the subdivision
is consistent with and implements the policies in the planning scheme.
Clause 56.01-2 Subdivision design response
The layout of the subdivision responds to the surrounding area, responds to planning
policies within the Planning Scheme and complies with the relevant requirements of
Clause 56.
Clause 56.02-1 Strategic implementation
As noted previously, the proposal supports the objectives of the Citys Greater Bendigo
Residential Development Strategy (2014). The proposal will make efficient use of an
under-utilised residential zoned parcel within the Citys Urban Growth Boundary, which is
able to be fully serviced.
The subdivision will provide for 34 new dwellings in a location that is well placed to take
advantage of a range of existing services and community facilities. Nearby facilities
include Lansell Square Shopping Centre and the activity centre on High Street, primary
schools, a secondary school and active recreation facilities at Dower Park Recreation
Reserve, passive recreation opportunities along the Bendigo Creek, Crusoe Reservoir
and the Bendigo Regional Park. Public transport is available via a bus route on High
Street and the Kangaroo Flat Railway Station.

PAGE 18

Planning for Growth - Reports

Ordinary Meeting - 15 June 2016

Clause 56.03-4 Built environment


The subdivision will provide for an appropriate residential character, consistent with that
of the surrounding area, in addition contributing toward a safe and functional
environment.
Clause 56.04-1 Lot diversity and distribution
The proposal provides for a residential density of approximately 12 dwellings per hectare
which is acceptable for the area. The subdivision will provide a range of lot sizes, with
potential for medium density development on the larger lots. The site is serviced by the
No. 5 and No.55 bus routes and the nearest bus stop in on High Street.
Clause 56.04-2 Lot area and building envelopes
Each lot will be of sufficient size to provide for the appropriate siting and construction of a
dwelling, private open space, stormwater management and vehicle access and parking,
and will achieve a good level of solar access. Building envelopes are not required for lots
within this subdivision.
Clause 56.04-3 Solar orientation of lots
The dimensions of the lots will be adequate to provide for sufficient solar access.
Clause 56.04-2 Street orientation
All lots will front streets which will enable visibility and surveillance of the public realm.
Clause 56.04-5 Common areas
No common property areas are proposed as part of the subdivision.
Clause 56.05-1 Integrated urban landscape
The subdivision will create new streets and a reserve. A landscape design for these
areas will be required as a condition of the permit.
Clause 56.05-2 Public Open space provision
No public open space is proposed to be provided as part of the application. While a
retarding basin of 1,072 square metres is proposed, this is considered to be encumbered
open space for drainage purposes. There is sufficient open space in the surrounding
area to cater for the future needs of residents, including within the adjoining subdivision
along Bendigo Creek, the nearby Bendigo Regional Park and sporting facilities at Dower
Park. As such, it is recommended that Council require the developer to make a cash in
lieu contribution of 5% of value of the land as a condition of permit.
Clause 56.06-2 Walking and cycling network
Footpaths will be constructed to the Citys requirements and in accordance with the
relevant standards.
Clause 56.06-4 Neighbourhood street network
The proposed street network takes into account the existing mobility network. The new
streets will provide safe and efficient access to all lots for all vehicles, including service
and emergency vehicles and will provide an appropriate speed environment for
pedestrians and cyclists.

PAGE 19

Planning for Growth - Reports

Ordinary Meeting - 15 June 2016

Clause 56.06-5 Walking and cycling network detail


A link is proposed along the sites southern boundary which will connect to an adjoining
subdivision and provide access to open space along the Bendigo Creek.
Clause 56.06-6 Public transport network
The subdivision does not require alterations to the public transport network as there is
already a bus stop located in High Street which will service the development.
Clause 56.06-7 Neighbourhood street network detail
The design of the proposed new streets will meet the requirements of the Infrastructure
Design Manual.
Clause 56.06-8 Lot access
The design and construction of new crossovers will be required 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, however the lots will be of
sufficient size to enable the installation of water tanks.
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
Stormwater runoff will be directed to a retardation basin in the northern part of the site
and then the
Clause 56.08-1 Site management
A Construction Management Plan will be required as a condition of permit which will
address erosion and sedimentation controls, dust suppression, protection of any
vegetation to be retained etc.
Clause 56.09-1 Shared trenching
Shared trenching will be utilised where appropriate.
Clause 56.09-2 Electricity, telecommunications and gas
The site can be fully serviced with electricity, telecommunications and gas. Conditions
requested by servicing authorities will be placed on the permit.
Clause 56.09-3 Fire hydrants
New fire hydrants must be provided for the subdivision to the satisfaction of the CFA.
Clause 56.09-4 Public lighting
New public lighting is needed for the subdivision. Details of street lighting will be provided
as part of engineering plans for the subdivision.

PAGE 20

Planning for Growth - Reports

Ordinary Meeting - 15 June 2016

Natural environment and character of the area


Objectors contend that the site is a nature reserve harbouring a wetland and significant
habitat for many species of birds and animals, and that the proposal will have adverse
impacts on the environment and the amenity of existing residents and the proposal is
against the wishes of the previous landowners.
The objections are also concerned about a change to the character of the area, with the
vegetation on the site being a reason they bought in the area.
The site is a privately owned parcel of land zoned General Residential Zone which allows
for the land to be used and developed for residential purposes. It has not been zoned for
a public reserve for the purpose of recreation or conservation, nor do any covenants or
restrictions exist on the title for the land. The site was sold at a public auction and a
proposal for a residential development has been prepared in accordance with the
planning scheme requirements.
Some parts of the municipality are affected by local residential character policies which
encourage the retention of native vegetation where it forms part of the character of an
area. However, there is no local policy affecting this site and the surrounding area has
largely been cleared over time and developed with housing, with only scattered trees
remaining, except for some patches which have been retained along a watercourse.
In this instance, it is considered that the benefits of developing the site for housing
outweigh the biodiversity value of the vegetation that exists on the site, as detailed
below.
Loss of native vegetation
The site contains 2.18 hectares of remnant vegetation which is proposed to be removed
as part of the application, to facilitate the subdivision and development of the site. The
vegetation has a moderate pathway" classification under Clause 52.17 (Native
vegetation) of the planning scheme.
The native vegetation has limited biodiversity value. It is located in an urban setting and
has been modified. A survey was carried out on the site which did not record any rare or
threatened species, and found that the site is unlikely to be suitable habitat for such
species. General offsets will compensate for the loss of biodiversity that will result from
the proposed clearing.
It is not possible to avoid the removal of vegetation altogether and still develop the site. If
some vegetation were required to be retained, development opportunities for the site
would be significantly constrained and the biodiversity value of the vegetation would be
compromised, with retained vegetation only offering some level of amenity value.
As such, the moderate biodiversity value of the vegetation has been weighed against
developing the site in a manner that optimises lot yield. The loss of remnant vegetation
resulting from the subdivision will be appropriately offset with conditions specified on the
permit detailing the offset requirements.

PAGE 21

Planning for Growth - Reports

Ordinary Meeting - 15 June 2016

Flooding and drainage


Objectors have raised concerns about flooding from stormwater. The site is not affected
by any overlays, and is not included within the mapping for the Bendigo Flood Study, but
the application was referred to the North Central Catchment Management Authority
(NCCMA) for comment, in addition to the Citys Engineering and Open Space unit. No
objection was received from these authorities, but appropriate drainage conditions will be
placed on the permit.
A drainage concept has been prepared for the site. It will comprise a pit and underground
pipe system and a stormwater retarding basin, with overland flow paths to be catered for
in the internal road network. The proposed retarding basin will be located in the low part
of the site and will be designed to limit flows to pre development flows.
The application states that the existing trunk drainage line through the site discharging to
the south east end will be piped and extended to drain directly to the Bendigo Creek,
effectively bypassing the site and significantly reducing flows through the site and to the
existing residential downstream system. As part of the development, a drainage line will
also be constructed on the eastern side of the site to cater for the existing adjoining lots
fronting High Street as part of this subdivision, so that these lots will have legal points of
discharge.
Amenity considerations
Objectors have raised concerns regarding potential amenity issues including loss of
privacy and potential for overlooking, and increased traffic and noise.
Privacy is a matter that will be considered under the building regulations when houses
are built on the proposed lots. The lots are of an adequate size to accommodate
dwellings that would comply with the relevant standard. The developer has agreed to
provide a new boundary fence for one of the objectors who currently has an open style of
fencing, to address their concerns about privacy.
While it is anticipated that noise levels in the area will increase as a result of additional
population accommodated at the site, it is considered that the likely noise levels will not
be unacceptable and noise will be of a typical residential nature.
Traffic impacts
One of the objections states that High Street offers poor access as the site will be
accessed via a service road, and that there are already traffic problems due to the
narrow roads. VicRoads and the Citys Traffic Engineer assessed the proposal and did
not raise any concerns regarding traffic. Access is therefore considered satisfactory and
the proposed new internal roads will be adequate to service the traffic generated by the
lots.
Aboriginal Cultural Heritage
The site is not within a mapped area identified as being of cultural heritage significance,
as such a Cultural Heritage Management Plan is not required to be prepared for the
proposal pursuant to the Aboriginal Heritage Act 2006.
PAGE 22

Planning for Growth - Reports

Ordinary Meeting - 15 June 2016

Conclusion
The application seeks approval for the subdivision and development of land within an
established residential area of Kangaroo Flat.
The subdivision has been designed to take into consideration the layout and context of
the site, including the established pattern of development.
While the lot sizes are smaller than those currently developed in the area, this is not
considered to be unreasonable as it contributes to diversity.
Vehicle access to and from the site will be provided via two new entrances off a service
road on High Street and Kingerlee Drive. The access arrangements and impact on traffic
have been assessed by the City of Greater Bendigos Traffic Engineers and VicRoads
and comply with the relevant standards.
Overall it is considered the proposal appropriately complies with the requirements of the
Greater Bendigo Planning Scheme.
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
RECOMMENDATION
Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo
City Council resolve to issue a Notice of Decision to Grant a Permit for a 34 lot
subdivision, removal of native vegetation, variation of easements and alteration of
access to a road in a Road Zone Category 1at 316-318 High Street, KANGAROO FLAT
subject to the following conditions:
1.

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

2.

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

3.

PROVISION OF SERVICES
The owner of the land must enter into agreements with the relevant authorities
for the provision of water supply, drainage, sewerage facilities, electricity and
gas services to each lot shown on the endorsed plan in accordance with the
authorities requirements and relevant legislation at the time.
PAGE 23

Planning for Growth - Reports

Ordinary Meeting - 15 June 2016

4.

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

5.

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

6.

PUBLIC OPEN SPACE CONTRIBUTION


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

7.

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

8.

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

9.

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

10.

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

11.

DETAILED DRAINAGE
Before the plan of subdivision is certified under the Subdivision Act 1988, plans
to the satisfaction of the responsible authority must be submitted to and
approved by the responsible authority. When approved, the plans will be
endorsed and then will form part of the permit. The plans must be drawn to
scale with dimensions. The plans must include:
(a) Direction of stormwater run off.
(b) A point of discharge for each lot.
(c) Independent drainage for each lot.
(d) Stormwater detention: allowable discharge
Q5 =
165 l/s
Q100 = 420 l/s
PAGE 24

Planning for Growth - Reports

Ordinary Meeting - 15 June 2016

NB These rates include the existing dwellings at 320-340 High Street,


Kangaroo Flat
(e) Stormwater quality
(f) Easements as required.
12.

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

13.

CONSTRUCTION OF WORKS
Road works, drainage and other civil works must be constructed in accordance
with the City of Greater Bendigo Infrastructure Design Manual and plans and
specifications approved by the responsible authority and must include:
(a) Fully sealed pavement with kerb and channel
(b) Drainage
(c) Footpaths and/or shared pedestrian/bicycle paths (if required)
(d) Indented car parking and/or bus parking bays (if required)
(e) Underground conduits for water, gas, electricity and telephone
(f) Appropriate intersection and traffication measures.
(g) Appropriate street lighting and signage;
(h) High stability permanent survey mark (if required).

14.

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

15.

CONSTRUCTION MANAGEMENT PLAN


Prior to commencement of works the owner or applicant must submit a
Construction Management Plan (CMP) for approval by the responsible
authority. This plan shall include, but not be limited to:
(a) A site specific plan showing proposed erosion and sedimentation control
works.
(b) Techniques and intervention levels to prevent a dust nuisance.
(c) Techniques to prevent mud and dirt being transported from the site to
adjacent streets.
(d) The protection measures taken to preserve any vegetation identified for
retention.
During construction of works associated with the subdivision, the applicant
must employ and provide the protection methods contained in the CMP to the
satisfaction of the responsible authority.

16.

CONSENT FOR WORK ON ROAD RESERVES

PAGE 25

Planning for Growth - Reports

Ordinary Meeting - 15 June 2016

The applicant must comply with:


(a)
The Road Management Act 2004.
(b)
Road Management (Works and Infrastructure) Regulations 2005.
(c)
Road Management (General) Regulations 2005.
with respect to any requirements to notify the Coordinating Authority and/or
seek consent from the Coordinating Authority to undertake works (as defined
in the Act) in, over or under the road reserve. The responsible authority in the
inclusion of this condition on this planning permit is not deemed to have been
notified of, or to have given consent to undertake any works within the road
reserve as proposed in this permit.
17.

18.

REFERRAL AUTHORITY CONDITIONS:


COLIBAN WATER
(a) The owner is required to provide reticulated water and sewerage services
to each of the lots within the subdivision. Services are to be provided in
accordance with our specifications.
(b) All Coliban Water assets within the subdivision, both existing and
proposed, are to be protected by an easement in favour of Coliban Region
Water Corporation.
POWERCOR
(a) The plan of subdivision submitted for certification under the Subdivision Act
1988 shall be referred to Powercor Australia Ltd in accordance with section
8 of that Act.
(b) The applicant shall: Provide an electricity supply to all lots in the
subdivision in accordance with Powercors requirements and standards,
including the extension, augmentation or re-arrangement of any existing
electricity supply system, as required by Powercor (A payment to cover the
cost of such work will be required). In the event that a supply is not
provided the applicant shall provide a written undertaking to Powercor
Australia Ltd that prospective purchasers will be so informed.
(c) The applicant shall: Where buildings or other installations exist on the land
to be subdivided and are connected to the electricity supply, they shall be
brought into compliance with the Service and Installation Rules issued by
the Victorian Electricity Supply Industry. The applicant shall arrange
compliance through a Registered Electrical Contractor.
(d) The applicant shall: Set aside on the plan of subdivision for the use of
Powercor Australia Ltd reserves and/or easements, and/or leases,
satisfactory to Powercor Australia Ltd where any electric substation (other
than a pole mounted type) is required to service the subdivision.
(e) The applicant shall: Provide easements satisfactory to Powercor Australia
Ltd, where easements have not been otherwise provided, for all existing
Powercor Australia Ltd electric lines on the land and for any new
powerlines required to service the lots and adjoining land, save for lines
located, or to be located, on public roads set out on the plan. These
easements shall show on the plan an easement(s) in favour of "Powercor
Australia Ltd" for Powerline Purposes pursuant to section 88 of the
Electricity Industry Act 2000.
(f) The applicant shall: Obtain for the use of Powercor Australia Ltd any other
easement external to the subdivision required to service the lots.
(g) The applicant shall: Adjust the position of any existing easement(s) for

PAGE 26

Planning for Growth - Reports

(h)

(i)

(j)
(k)

Ordinary Meeting - 15 June 2016

powerlines to accord with the position of the line(s) as determined by


survey.
The applicant shall: Obtain Powercor Australia Ltds approval for lot
boundaries within any area affected by an easement for a powerline and
for the construction of any works in such an area.
The applicant shall: Provide to Powercor Australia Ltd, a copy of the
version of the plan of subdivision submitted for certification, which shows
any amendments which have been required.
Any buildings must comply with the clearances required by the Electricity
Safety (Network Assets) Regulations.
Any construction work must comply with the Officer of the Chief Electrical
Inspector No Go Zone rules.

19.

TELECOMMUNICATIONS
(a) The owner of the land must enter into an agreement with:
A telecommunications network or service provider for the provision of
telecommunication services to each lot shown on the endorsed plan in
accordance with the providers requirements and relevant legislation at
the time; and
A suitably qualified person for the provision of fibre ready
telecommunication facilities to each lot shown on the endorsed plan in
accordance with any industry specifications or any standards set by the
Australian Communications and Media Authority, unless the applicant
can demonstrate that the land is in an area where the National
Broadband Network will not be provided by optical fibre.
(b) Before the issue of a Statement of Compliance for any stage of the
subdivision under the Subdivision Act 1988, the owner of the land must
provide written confirmation from:
A telecommunications network or service provider that all lots are
connected to or are ready for connection to telecommunications
services in accordance with the providers requirements and relevant
legislation at the time; and
A suitably qualified person that fibre ready telecommunication facilities
have been provided in accordance with any industry specifications or
any standards set by the Australian Communications and Media
Authority, unless the applicant can demonstrate that the land is in an
area where the National Broadband Network will not be provided by
optical fibre.

20.

DOWNER UTILITIES (GAS)


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

21.

DEPARTMENT OF ENVIRONMENT, LAND, WATER AND PLANNING


Construction management notification of permit conditions
(a) Before works start, the permit holder must advise all persons undertaking
the vegetation removal/works on site of all relevant conditions of this permit.
Native vegetation offsets
(b) In order to offset the removal of 2.181 hectares of native vegetation
PAGE 27

Planning for Growth - Reports

Ordinary Meeting - 15 June 2016

approved as part of this permit, the applicant must provide a native


vegetation offset that meets the following requirements, and is in
accordance with the Permitted clearing of native vegetation Biodiversity
assessment guidelines and the Native vegetation gain scoring manual:
The offset must:
contribute gain of 0.094 general biodiversity equivalence units
be located within the North Central Catchment Management Authority
boundary or Greater Bendigo municipal district
have a strategic biodiversity score of at least 0.122.
Offset evidence
(c) Before any native vegetation is removed, evidence that an offset has been
secured must be provided to the satisfaction of the responsible authority.
This offset must meet the offset requirements set out in this permit and be
in accordance with the requirements of the Permitted clearing of native
vegetation Biodiversity assessment guidelines and the Native vegetation
gain scoring manual. Offset evidence can be either:
i. a credit register extract from the Native Vegetation Credit Register; or
ii. a security agreement, to the required standard, for the offset site or
sites, including a 10 year offset management plan to the satisfaction of
the Department of Environment, Land, Water and Planning and
approved by the Responsible Authority. Every year, for ten years, after
the responsible authority has approved the offset management plan,
the applicant must provide notification of the management actions
undertaken towards implementing the offset management plan, to the
department. An offset site condition statement, including photographs
must be included in this notification.
22.

COUNTRY FIRE AUTHORITY


Hydrants
(a) Operable hydrants, above or below ground must be provided to the
satisfaction of CFA.
(b) The maximum distance between these hydrants and the rear of all building
envelopes (or in the absence of the building envelope, the rear of all lots)
must be 120m and hydrants must be no more than 200m apart.
(c) Hydrants must be identified as specified in Identification of Street Hydrants
for Firefighting purposes available under publication on the Country Fire
Authority web site (www.cfa.vic.gov.au).

NOTE:
To assist applicants meet permit condition requirements, Meeting permit conditions
third party offsets Fact sheet (DEPI 2013) and First party general offset kit (DEPI 2013)
are available, Please visit www.depi.vic.gov.au/nativevegetation for further information

PAGE 28