Professional Documents
Culture Documents
VENUE:
Reception Room,
Bendigo Town Hall,
Hargreaves Street, Bendigo
NEXT MEETING:
Wednesday 21 June 2017
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
Council wants the community to continue to have reason to be proud of the city and will
do this through:
Themes
PAGE 2
ORDINARY MEETING
ORDER OF BUSINESS:
ACKNOWLEDGEMENT OF COUNTRY 5
PRAYER 5
PRESENT 5
LEAVE OF ABSENCE 5
APOLOGIES 5
CR FYFFE'S REPORT 6
CONFIRMATION OF MINUTES 8
PAGE 3
3. PRESENTATION AND VIBRANCY 100
4. PRODUCTIVITY 100
5. SUSTAINABILITY 100
____________________________
CRAIG NIEMANN
CHIEF EXECUTIVE OFFICER
PAGE 4
Ordinary Meeting - 17 May 2017
ACKNOWLEDGEMENT OF COUNTRY
PRAYER
PRESENT
LEAVE OF ABSENCE
Cr George Flack has requested Leave of Absence for the Council Meetings to be held on
21 June 2017 and 19 July 2017.
Cr James Williams has requested Leave of Absence for the Council Meeting to be held
on 21 June 2017.
APOLOGIES
That Standing Orders be suspended to allow the conduct of Public Question Time.
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.
PAGE 5
Ordinary Meeting - 17 May 2017
Questions will be put to the Council by the individual posing the question; the question
will be answered by the Mayor or CEO, or where appropriate, Councillors or Council
Officers.
Acceptance of Questions
Each person asking a question of Council is required to stand, state their name, and
address the Mayor. Public Question Time is not an opportunity for making of statements
or other comments. Councils Meeting Procedure Local Law does not allow for other
questions or comments during the remainder of the meeting.
1. An individual may only ask one question per meeting, a follow-up question may be
permitted at the discretion of the Mayor.
2. In the event that the same or similar question is raised by more than one person,
an answer may be given as a combined response.
3. In the event that time does not permit all questions registered to be answered,
questions will be answered in writing or referred to the next meeting if appropriate.
4. The Mayor and or CEO have the right to decline registration on basis of:
Legal proceedings;
More appropriately addressed by other means;
Vague or lacking in substance, irrelevant, frivolous, insulting offensive,
improper, defamatory or demeaning;
Answer likely to compromise his / her position;
Confidential, commercial-in-confidence.
5. Each individual whose registration form has been accepted or declined will be
advised by the Friday of the week prior to the scheduled meeting.
6. In the event of a registration form being declined the registration form will be
circulated to the Mayor or Councillors for information.
CR FYFFE'S REPORT
PAGE 6
Ordinary Meeting - 17 May 2017
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.
PAGE 7
Ordinary Meeting - 17 May 2017
CONFIRMATION OF MINUTES
The following items were considered at the Ordinary Council meeting held on
Wednesday 19 April 2017 at 6:00pm.
The unconfirmed minutes have also been posted on the City of Greater Bendigo website
pending confirmation at this meeting.
RECOMMENDATION
That the Minutes of the Ordinary Meeting of Council held on Wednesday 19 April 2017,
as circulated, be taken as read and confirmed.
PAGE 8
Ordinary Meeting - 17 May 2017
Nil.
PAGE 9
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Document Information
Summary/Purpose
PAGE 10
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
RECOMMENDATION
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Background Information
PAGE 11
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
The Amendment has arisen from a privately sponsored request by Blue Bondi P/L. The
site has a Development Plan Overlay which restricts development of the site to 65 lots.
This was suggested by the proponent when the site was originally rezoned in
Amendment C34 and suited the market environment in 2004.
Since then, the previous Bendigo Residential Development Strategy 2004, has been
replaced with Greater Bendigo Residential Strategy 2014, and Clause 21.05 Compact
Greater Bendigo. The site has been identified as a key development site under the
recently completed Amendment C215 process and comprehensive public consultation to
implement this Strategy. This Amendment requests to alter the Development Plan
Overlay to complement this new strategic direction.
A request for approval of a Development Plan has also been received for the site. This
process is occurring concurrently with the Amendment. A Development Plan is prepared
for a site when required by a Development Plan Overlay. This Plan can be prepared at
any time, and has a separate statutory process to a Planning Scheme Amendment. A
Development Plan must be approved by the Responsible Authority (City of Greater
Bendigo) before a permit for subdivision or other development can be considered.
PAGE 12
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
A planning permit will also be required for this development for subdivision and for
dwellings on lots less than 300sqm. The permit application will be assessed against an
approved Development Plan, referred to relevant authorities for conditions, but will be
exempt from any further public notice.
8 June 2006 Amendment C34 gazetted which rezoned the land to Residential and
applied the Development Plan Overlay.
22 October 2014 Council adopted the Greater Bendigo Residential Strategy 2014.
2 March 2016 Council adopted Amendment C215, which changed the Municipal
Strategic Statement, including identification of this site as a key residential development
site.
29 June 2016 Council resolved to seek authorisation from the Minister for Planning for
Amendment C220.
Report
An Explanatory Report is attached and details the purpose, effect of the Amendment and
provides the strategic justification for the Amendment as required. Key issues identified
in the Explanatory Report are summarised below.
The subject site is located at 39-51 Lansell Street, East Bendigo, and known as Lot 2,
PS4348105.
The site is an irregular shaped allotment, approximately 2.6 hectares in size. The site
was formerly used as an abattoir, and later by the Country Roads Board. All buildings on
the site have been demolished and environmental decontamination works completed,
with a Statement of Audit issued.
The site is predominately cleared with undulating topography and four trees remaining on
site. Access is via Lloyd Street which forms the northern boundary, or Lansell Street
along the southern boundary. Lansell Street terminates at VicRoads depot (Murphy
Street end), and has a local only access road for residents.
Adjacent to the site to the east is the Bendigo VicRoads office and to the west is Bendigo
Kangan TAFE, East Bendigo public pool, and East Bendigo bowling green. Opposite the
site in Lloyd and Lansell Streets are established residential properties.
PAGE 13
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
A Development Plan (including written report, layout plan, access plan, landscape plan,
staging plan, building envelope and details plan), has been prepared in accordance with
the proposed Development Plan Overlay Schedule 16.
PAGE 14
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Consultation/Communication
Exhibition Procedures
The Amendment C220 and Development Plan PD/80/2016 were exhibited for one month
from 17 November 2016 to 19 December 2016.
Note The Planning Scheme does not require advertising of Development Plans,
however our municipality informally advertises Development Plans as part of its
transparent decision making processes.
Submissions
A total of 101 submissions were received, 86 during the exhibition period and 15 late
submissions. Of these, 6 were in support of the proposal, including all 5 referral
authorities that responded, and 95 submissions requested a change to the amendment.
Of the 95 submissions requesting a change, over half (69) of the individual submissions
were the same wording (preformatted), one was a petition of 101 signatures and the
remainder were from individual residents and neighbouring property owners. It is noted
that only 2 residents in Lloyd Street objected, and less than 15% of the objections were
from Lansell Street residents.
All internal departments are satisfied with the proposal with only minor changes
requested. Future planning permit applications for subdivision would also be referred to
departments for specific conditions.
The issues raised by topic are discussed below, with a summary table of submissions
and responses following. Refer to the attachment for copies of all submissions.
PAGE 15
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Approximately 90 of the submitters object to the removal of the cap (currently 65 lots),
and a few submitters object to the site being used as a key development site, and
therefore increasing the density. There is also concern that approval of this proposal
will set a precedent in residential areas.
The majority of residentially zoned land in Victoria has no minimum lot size or maximum
density. This site currently has more restrictions with the Development Plan Overlay than
most General Residential Zone land. This change will therefore not be creating a
precedent, as it aligns the site with the majority of residential land.
The Greater Bendigo Residential Strategy 2014, and Clause 21.05 Compact Greater
Bendigo, has already determined this site as a key development site following a public
consultation process as part of Amendment C215.
The basis of the Greater Bendigo compact city policy and identification of key
development sites is to identify sites that are close to facilities and amenities to enable
walking or cycling as a common transport method rather than car based movements to
promote a healthy and active lifestyle.
Most objecting submitters are concerned that the density of development is too
intense and that the new dwellings will not complement the existing streetscape.
As discussed above, the majority of residentially zoned land in Victoria has no minimum
lot size or maximum density. This site currently has more restrictions with the
Development Plan Overlay than most General Residential Zone land.
The site is located outside the East Bendigo Character Policy which only applies to
existing residential areas, including Lansell and Lloyd Streets. However, the
Development Plan proposes to contribute to the residential character of the area by:
Constructing dwellings that face the existing and internal streets, and being a
maximum of two storey.
New landscaping, and street trees;
Maintain a consistent setback;
No front fences to maintain informal feel to streetscape.
PAGE 16
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Submitters are concerned that the two public parks are not big enough for the
development, especially as the backyards are too small, and that there should be a
childrens playground provided.
The amount of open space in the Development Plan meets the State planning
requirement for 5% of the total site. The basis of the Greater Bendigo compact city
policy and identification of key development sites is to identify sites that are close to
facilities and amenities to enable walking or cycling as a common transport method
rather than car based movements to promote a healthy and active lifestyle.
The Development Plan Overlay requires the approval of a landscape plan, which has
been submitted and was exhibited to the public.
All allotments have been carefully designed to have easy access to one of the two green
spaces within the development; and must meet the General Residential Zone
requirement and minimum passive open space requirements of the Planning Scheme.
Since exhibition of the Development Plan, the Minister for Planning has amended the
controls in the General Residential Zone to require a percentage of the site (dependant
on the overall size of the lot) to be garden. The impact to this particular development plan
is yet to be determined, as the application of the new controls is currently being
established.
The City has considered the location of nearby playgrounds in relation to the PlaySpace
Strategy, which ideally recommends a local play space within 400m of residents. There
is an existing play space in front of the East Bendigo Swimming Pool, 150m from the
site. There is also access to informal and natural play space within the proposed
development; 150m to a bush reserve for informal walking tracks and 1km from Lake
Weeroona which is a regional scale playspace. The City is therefore satisfied that no
additional playspaces are required as a result of this development.
Traffic
The submissions question if the existing road network can handle more traffic safely.
Submitters raise a number of concerns including:
o Methodology used and calculation of increased traffic;
o Methodology used and calculation of existing traffic and parking, including
days/times of existing road use assessment,
o Parking and types of use surrounding the site;
o Users of road network and safety (eg. learner drivers);
o The local road/brick section at end of Lansell Street (Murphy Street end);
o Safety of intersection at Patrick Street and Lansell Street for pedestrians;
o Should upgrade various intersections, including Kennedy Street (Charleston
Road) with Lansell and Lloyd Streets;
o Emergency access and bin collection days.
PAGE 17
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
The proponent supplied a traffic report prepared by Traffix (Oct 2016), that identifies the
relevant traffic issues and is considered satisfactory to City of Greater Bendigo -
Engineering, VicRoads, Transport Victoria and CFA.
The traffic assessment includes the standard data and scenarios required to be analysed
for this development. The additional traffic generated by the development will mean an
increase to the frequency of vehicles along roads and wait times at intersections.
Completing the traffic assessment at another time of the year would not alter the overall
recommendations, as both Lloyd and Lansell Streets are considered to be of a width and
standard to accommodate up to 6,000 vehicles per day (vpd); this proposal will result in
traffic figures well under 2,000 vpd for each street. Consideration of the type of customer
and vehicles accessing VicRoads is not appropriate. Therefore the road network
capacity and intersections will continue to operate within the acceptable parameters.
The access road at the Murphy Street end of Lansell Street is not proposed to be altered.
The existing road network in Lansell Street is considered to be sufficient to cater for the
additional traffic generated throughout the day and at peak times.
There is no evidence that the traffic issues raised by submitters require changes to the
existing or proposed road network to accommodate the projected increase in vehicle
movements.
Following review of the submissions, the applicant suggested a splitter island be installed
in Patrick Street at the Lansell Street intersection to assist with control traffic movements,
improve safety, increase the centreline offset between Patrick Street and the site access
to 39-51 Lansell Street and provide a refuge for pedestrians to stage their crossing of
Patrick Street. This is supported by the City and will be included in the Development
Plan.
Kennedy Street (Charleston Road) is awaiting funding for an upgrade at the intersections
of Lloyd and Lansell Streets, so it is not appropriate to require the applicant to pay for an
existing issue, which is also remote from the site.
The CFA is the appropriate referral authority for consideration of evacuation and
emergency situations. The CFA has responded with no objections or changes.
Bin collection has been taken into account and is not considered to present an issue for
traffic more than any other residential street.
Infrastructure
Concerns have been raised that the drainage, water and sewerage systems will not
support more development in this area. Also that mobile phone coverage needs
improving.
PAGE 18
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
The proponent submitted a servicing report with the Amendment and Development Plan
outlining that all services are available and of a suitable standard for further
development.
The Amendment and Development Plan were forwarded to service authorities, including
Coliban Water and North Central Catchment Management Authority, neither of which
raised any issues/objection.
The City requires developments to design drainage with retardation to ensure the
discharge rate is the same as pre-development. This is assessed as part of the planning
permit. The recent Bendigo Urban Flood Study did not identify any flooding on or around
the site.
A new mobile phone tower has been approved close to the site.
Does not fit with streetscape character Refer to above issues discussion.
Is not medium density housing Medium density is not specifically defined
in the Planning Scheme, however is used
to describe the density and detached
style of dwellings proposed in this
development. High density housing is
considered to be high rise and multi
apartment type buildings.
Loss of property value to existing housing Generally the effect of development on
property value is not a planning
consideration. Exceptional circumstances
and clear evidence is required before this
can be considered.
Crowding and lack of privacy The future buildings must meet the
minimum standards set by the State for
overshadowing, privacy and passive
open space. (Clause 54/55). This will be
specifically assessed at the future
Planning Permit stage.
Increase of noise The noise level is anticipated to be
typical of a residential area. There are no
uses or development in this proposal that
PAGE 19
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 20
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Concern for accessibility by emergency All road networks within the proposed
services and increase in their workload. development and surrounds are of a
sufficient dimension to accommodate all
emergency vehicles, additionally the CFA
have not raised any issues. The
resourcing of emergency services is not
a planning matter.
Lack of public transport This development is located adjacent to a
PAGE 21
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 22
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 23
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 24
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 25
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Robert Toon
Supports/Objects Officer Response & Recommendation
Objects Refer to Panel
Houses look into each other and parks The dwellings are positioned to meet the
are too small. Suggests changing to a Planning Scheme requirements for
one way street and larger parks such as overlooking, and open space. One way
found in Copenhagen. streets are not supported for this
development as services, access and
minimum street widths are required.
Would like more controls to apply design This could be accommodated in the
constraints for materials and footprints. Development Plan Overlay.
Supports medium density development Noted.
however not this proposal as it is.
PAGE 26
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Bruce Corrie
Supports/Objects Officer Response & Recommendation
Objects Refer to Panel
Supportive of development overall but Refer to above issues discussion.
believes insufficient recreational space.
Tricia Corrie
Supports/Objects Officer Response & Recommendation
Objects Refer to Panel
Supportive of development overall but Refer to above issues discussion.
believes insufficient recreational space
PAGE 27
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 28
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 29
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 30
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 31
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 32
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 33
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 34
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
CFA
Supports/Objects Officer Response & Recommendation
No objection Note submission.
EPA
Supports/Objects Officer Response & Recommendation
No objection Note submission.
DELWP
Supports/Objects Officer Response & Recommendation
PAGE 35
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
DELWP
Supports/Objects Officer Response & Recommendation
No objection Note submission.
NCCMA
Supports/Objects Officer Response & Recommendation
No objection Note submission
Conclusion
Submitters have requested for the Amendment to be abandoned, leaving the maximum
number of dwellings at 65 under the existing Development Plan Overlay. The reasons for
opposition vary and have been discussed above. The exhibition period showed that the
relevant authorities were satisfied with the proposed Amendment and Development Plan.
Options
Section 29(1) & (2) of the Planning and Environment Act 1987 states that a planning
authority may adopt an Amendment or part of an Amendment with or without changes. If
a planning authority adopts part of an Amendment the Amendment is then split into two
parts.
Section 23(1) of the Planning and Environment Act 1987 requires that in consideration of
submissions received in relation to an Amendment, the Council must either:
Change the Amendment in the manner requested by the submitters and adopt the
Amendment with changes; or
Refer the submission(s) to an Independent Panel appointed by the Minister; or
Abandon the Amendment, or part of the Amendment.
PAGE 36
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Section 22(2) of the Planning and Environment Act 1987 advises that Council has the
option of accepting late submissions, but must do so if requested by the Minister for
Planning.
Resource Implications
Officer time will be required to prepare the Amendment documentation for Panel and
liaise with the Minister for Planning.
The proponent has agreed to pay for the statutory fees and extra costs incurred by the
City for holding the Panel (estimated at $10,000) as per the Policy for Private Planning
Scheme Amendments adopted by Council.
Attachments
PAGE 37
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Document Information
Summary/Purpose
Amendment details: The Amendment implements the White Hills and East
Bendigo Heritage Study Stage 2, 2016 by:
Applying the Heritage Overlay to:
o Five new heritage precincts (Bridge Street North,
Buller Street, Gleeson Street, Norfolk Street, White
Hills and Hamlet precincts).
o Extending two existing heritage precincts (Baxter
Street and Tomlins Street precincts).
o Sixteen places of individual heritage significance.
o Three miners cottages that will be added to the
existing miners cottages serial heritage listing in the
planning scheme.
Including the Study as a reference document at Clause
21.10.
Applying the amended Greater Bendigo Heritage
Incorporated Plan - Planning permit exemptions to the
affected properties to remove permit requirements for
minor works.
PAGE 38
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
RECOMMENDATION
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2016-2017 Update)
Sustainability
The history, unique heritage, streetscapes and buildings of Greater Bendigo are
conserved, restored, celebrated and managed wisely for the long term.
Background Information
The Greater Bendigo Thematic Environmental History, 2013 identified East Bendigo
and the White Hills corridor as the highest priority areas requiring a heritage study. The
City subsequently commenced the White Hills and East Bendigo Heritage Study in
2013-2014. At this time, due to development pressure, the study area was expanded to
include the areas affected by the Hospital Precinct Structure Plan, which had
never had a comprehensive heritage study.
Due to a greater than expected number of individual places being identified during the
initial steps of the study, it was decided that the heritage study should be split into two
stages, with Stage 1 containing heritage places identified in the Hospital Precinct area
and 5 large industrial type sites. These places were included in Planning Scheme
Amendment C201: New Heritage Places and Efficiency Review, which was approved
by the Minister for Planning in May 2016. These places are now covered by a Heritage
Overlay.
PAGE 39
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Stage 2 (current stage) of the White Hills and East Bendigo Heritage Study was
undertaken by heritage consultants Context Pty Ltd during 2015-2016 and considered
places of potential cultural heritage significance using historical research, community
consultation and site surveys.
20 August 2014 Council resolved to adopt the White Hills and East Bendigo
Heritage Study Stage 1, 2014 and request the Minister for Planning to authorise
Amendment C201 to the Greater Bendigo Planning Scheme, and when authorised,
exhibit the Amendment.
4 March 2015 Council resolve to adopt the recommendations for each submission
and request the Minister for Planning appoint an independent Panel to consider all
outstanding submissions.
26 August 2015 Council resolved to adopt Amendment C201 to the Greater Bendigo
Planning Scheme and request approval from the Minister for Planning.
PAGE 40
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
20 July 2016 Council resolved to adopt the White Hills and East Bendigo Heritage
Study - Stage 2, 2016 and request the Minister for Planning to authorise Amendment
C223 to the Greater Bendigo Planning Scheme, and when authorised, exhibit the
Amendment.
Report
An Explanatory Report is attached and details the purpose and effect of the Amendment
and provides the strategic justification for the Amendment as required.
The Amendment affects approximately 467 properties in the suburbs of White Hills,
Bendigo, Ascot and Epsom (see attached explanatory report for full address list).
However almost 300 of these properties are considered to be non-contributory places
within a heritage precinct and will be subject to additional planning permit exemptions
than those places identified as contributory or of individual heritage significance.
The Amendment implements the White Hills and East Bendigo Heritage Study Stage 2,
2016 by:
Applying the Heritage Overlay to:
o Five new heritage precincts (Bridge Street North, Buller Street, Gleeson Street,
Norfolk Street, White Hills and Hamlet precincts);
o Extending two existing heritage precincts (Baxter Street and Tomlins Street
precincts);
o Sixteen places of individual heritage significance;
o Three miners' cottages that will be added to the existing miners' cottages serial
heritage listing in the planning scheme.
Including the Study as a reference document at Clause 21.10.
Applying the amended Greater Bendigo Heritage Incorporated Plan - Planning permit
exemptions to the affected properties to remove permit requirements for minor works.
Consultation
Exhibition Procedures
The Amendment was publically exhibited for one month from 17 November to 19
December 2016.
PAGE 41
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Submissions
Submissions 1 to 6 relate to the White Hills and Hamlet Heritage Precinct (citation
attached and map below). This precinct is of local historic, aesthetic and social
significance as it comprises the original street layout for a hamlet as laid out in 1856 by
Surveyor Richard Larritt. Its also significant because it contains a number of significant
residential, commercial and institutional buildings from the Victorian, Edwardian, Inter-
war and Post-war periods of development.
PAGE 42
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Submitter 1: VicRoads
Supports/Objects + Issue Officer Response & Recommendation
Supports the Amendment Change the Amendment as requested per the below.
but requests changes.
The Explanatory Report The map in the explanatory report is indicative to show
diagram does not include all the affected areas together. The planning scheme
the road reserves in the map is the official control and was exhibited with the
proposed new heritage Amendment, showing the road reserves within the
Overlay. However the proposed Overlay.
Amendment map does.
The proposed White Hills This request is not supported as it is standard State-
and Hamlet precinct wide planning practice where two sides of a street are
(HO897) is central to the affected by an Overlay that the road between is also
VicRoads Napier Street included in the Overlay.
Upgrade Project. The
proposed Overlays may The inclusion of the road within the Overlay is of
delay the project via the particular importance for the proposed White Hills &
need to obtain planning Hamlet heritage precinct (HO897) as the road layout is
permits. an important part of the history of White Hills. It is also
important for other precincts such as Bridge Street
Requests the following North and Buller Street to recognise and protect
changes: significant heritage elements such as street trees and
1. Remove the Heritage blue stone gutters etc.
Overlay from all arterial
road reserves. The City acknowledges the importance of the State
funded Napier Street duplication project for ongoing
2. Where the Napier Street arterial road works and does not wish to hinder
duplication works encroach VicRoads from carrying out its work program.
into the local roads within
the White Hills and Hamlet It is recommended that roadworks not require a
Precinct, that the project is planning permit under the Permit Exemptions
exempted from requiring a Incorporated Plan if they meet the following conditions:
planning permit.
PAGE 43
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Submitter 1: VicRoads
Supports/Objects + Issue Officer Response & Recommendation
PAGE 44
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 45
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 46
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 47
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Submitter 5: Conceptz on behalf of Holy Rosary Primary School, 546 and 550
Napier Street, White Hills
Supports/Objects + Issue Officer Response & Recommendation
Objects (but has since advised no Change the Amendment as requested.
outstanding issues).
PAGE 48
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Submitter 5: Conceptz on behalf of Holy Rosary Primary School, 546 and 550
Napier Street, White Hills
Supports/Objects + Issue Officer Response & Recommendation
Holy Rosary Primary School has A building application (RC/569/2016) for
developed a Masterplan for the site that the demolition of the dwelling was lodged
identifies 546 Napier Street, White Hills by the school on 16 December 2016. The
as the area for a new Multi-Purpose application was considered by the Citys
Building. It is therefore requested that Heritage Advisor and Planning Manager
this site not be identified as contributory and the merits of the heritage
to the heritage precinct to allow for the significance weighed up with the net
future development of the school. community benefit of the ongoing
improvement of the school and the
Masterplan. The application for
demolition was approved on 9 January
2017. This site should be changed to be
of non-contributory significance to the
heritage precinct.
The dwelling at 550 Napier Street, White Since the initial heritage assessment was
Hills was demolished in 2014 and has undertaken the demolition and new
since been replaced by a modern school construction has occurred. The
building. Therefore it should not be demolition was approved on 22 May
identified as contributory. 2014 and planning permit DP/517/2015
was issued for the use and development
of 550 Napier Street as an educational
centre for the expansion of the school in
August 2015. This site should be
changed to be of non-contributory
significance to the heritage precinct.
Officers wrote to the submitter advising of
the above. The submitter subsequently
advised they were satisfied and had no
outstanding issues.
506-508 Napier Street, White Hills, Uniting Church (HO897 & HO910)
Submission 6 relates to the Uniting Church Complex at 506-508 Napier Street, White
Hills (citation attached). The complex is of local historic, aesthetic and social significance
and comprises a 1860s vestry, c.1870 brick church, 1903 timber hall and 1953 timber
kindergarten building.
PAGE 49
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
The Uniting Church is The City acknowledges and supports the ongoing
planning to consolidate their work of the Uniting Church to redevelop this site. We
congregations from north would like to work with the Church group in this
Bendigo to this site, to be redevelopment project and help them achieve the
known as Uniting Place. contemporary redevelopment they seek whilst
retaining the 3 key significant buildings on site (1860s
Architects have prepared a vestry, c.1870 Brick church and 1903 timber hall
concept layout for the site shown in the above photo). The Citys Heritage
which recognises the Advisor is available to work with the Church and their
historical value of the old architects to achieve a contemporary but sympathetic
PAGE 50
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 51
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 52
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 53
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Submissions 7 and 8 relate to the Epsom Primary School (citation attached) which is of
local historic, aesthetic and social significance for its 1881 red brick school building with
1915 porch and row of elm trees at the front of the site.
Submitter 7: G. Hollyman
Supports/Objects + Issue Officer Response & Recommendation
Supports the preservation of Epsom No change to Amendment.
Primary School and the proposed
Heritage Overlay.
Submitter 8: M. Haring
Supports/Objects + Issue Officer Response & Recommendation
Supports the preservation of Epsom No change to Amendment.
Primary School and the proposed
Heritage Overlay.
Submission 9 relates to the Bridge Street North Heritage Precinct (citation attached).
This precinct is of local historic and aesthetic significance because it is representative of
Bendigos inner suburban areas which developed initially as a mixed area combining
commercial activities, but consolidated into a residential area with buildings representing
a spectrum of growth and development. The suburban areas around Bendigo North,
including that of Bridge Street, demonstrate the growth of housing alongside that of the
industrial expansion of Bendigo. The precinct is also significant for its established avenue
of elm trees.
PAGE 54
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 55
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 56
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 57
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 58
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 59
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Submission 10 relates to the Gleeson Street Heritage Precinct (citation attached). The
precinct is of local historic and aesthetic significance as a predominantly late nineteenth
century development linking White Hills to Bendigo. The hotel and shops are a tangible
link with the development of commercial enterprises along the White Hills Road. The
Gleeson Street precinct is also significant for its association with hotelier, well-known
community member and contractor; Michael Gleeson, licensee of the Suburban Hotel
(later Captain Cook Hotel).
Submitter 10: M. Cordell, 362 & 364 Napier Street, White Hills
Supports/Objects + issue Officer Response & Recommendation
Objects. No change to Amendment. Refer
submission to Independent Planning
Panel.
PAGE 60
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Submitter 10: M. Cordell, 362 & 364 Napier Street, White Hills
Supports/Objects + issue Officer Response & Recommendation
Submitter states they would be greatly The Heritage Overlay does not force any
disadvantaged if any Heritage Overlay action upon an owner; it instead
was applied to this property. acknowledges that the land has heritage
values which must be considered in any
future development.
PAGE 61
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Submitter 10: M. Cordell, 362 & 364 Napier Street, White Hills
Supports/Objects + issue Officer Response & Recommendation
Submitter originally invested in this area The City has an ongoing program for
because there were no heritage heritage studies and it is unfortunate that
restrictions. some areas still remain unstudied.
Submissions 11 and 12 relate to the Norfolk Street Heritage Precinct (citation attached).
This Precinct is of local historic and aesthetic significance as it represents part of the
story of change as the gold boom subsided and the areas once occupied by mining
became available for residential expansion. Within the North Bendigo locality, Norfolk
Street forms an unusually consistent group of late nineteenth and early twentieth housing
of high quality, complemented by the three palm trees.
PAGE 62
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 63
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 64
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 65
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Submission 13 relates to the house and stables complex at 14 Heinz Street, White Hills.
This site is of local historic, aesthetic, rarity and associational value as a rare and
substantially intact example of a late nineteenth century residence and c.1920s horse
stable complex that operated as a racehorse training facility from c.1914 through until
2009.
PAGE 66
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 67
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 68
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Submission 15 relates to the residence and garden at 125-133 McIvor Road, East
Bendigo. This property is of historic and aesthetic significance because of its
associations with the Beischer family, many of whom were prominent community
members in Bendigo during the late nineteenth and early-twentieth centuries. The first
photos below are from the heritage assessment fieldwork in 2015 and the second set of
photos were taken in 2017 after the renovation to the property.
PAGE 69
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 70
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
PAGE 71
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Conclusion
Options
Section 23(1) of the Planning and Environment Act 1987 requires that in consideration of
submissions received in relation to an Amendment, the Council must either:
Change the Amendment in the manner requested by the submitters and adopt the
Amendment with changes; or
Refer the submissions to an Independent Panel appointed by the Minister; or
Abandon the Amendment, or part of the Amendment.
Section 22(2) of the Planning and Environment Act 1987 advises that Council has the
option of accepting late submissions, but must do so if requested by the Minister for
Planning.
Resource Implications
The Amendment will increase the number of properties included within the Heritage
Overlay and this will result in an increase in the number of planning permit applications.
However, the Amendment also proposes to introduce the Permit Exemptions
Incorporated Plan to these places to reduce the number of planning permit applications
under the Overlay.
Officer time will be required to prepare the Amendment documentation for Panel and to
liaise with the Minister for Planning.
PAGE 72
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
The City is responsible for payment of statutory fees and costs incurred in the processing
of the Amendment. This will include additional estimated costs of $35,000 in association
with holding a panel, including an estimated $15,000 for expert witnesses. Resources for
these costs have been included in the 2016/17 budget.
Attachments
PAGE 73
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Document Information
Summary/Purpose
Application details: Approval of Development Plan for 2 Lot subdivision and removal
of native vegetation
Application No: DS/945/2016
Applicant: CSI Engineers
Land: 8 Halter Court, JUNORTOUN 3551
Zoning: Low Density Residential Zone
Overlays: Development Plan Overlay 4
Vegetation Protection Overlay 2
No. of objections: 2
Consultation 21 February 2017 - attended by both objectors, the owner, the
meeting: assessing planner and one Ward Councillor. The issues were not
resolved.
Key considerations: Central to an assessment of the application is the concern of tree
removal on the site and the small size of both proposed lots
relative to the character of the Halter Court area where low
density residential allotments predominate. The proposed
subdivision does not satisfy the requirements of the Development
Plan Overlay 4.
Conclusion: This report recommends that Council oppose the approval of a
Development Plan on neighbourhood character grounds, and that
no permit be granted.
PAGE 74
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
RECOMMENDATION
Pursuant to Section 61 of the Planning and Environment Act 1987, Greater Bendigo City
Council resolves the following with respect to the land at 8 Halter Court, JUNIORTOUN
3551:
1. To refuse to grant approval for the submitted development plan. The proposed
development plan does not satisfy the requirements of Schedule 4 to the
Development Plan Overlay because:
1.1 The lot sizes shown on the plan do not accord with the preferred 1 hectare
minimum lot size specified for the Halter Court area.
2. To refuse to grant a permit allowing the subdivision of the land into two lots for the
following reasons:
2.1 A permit cannot be granted in the absence of an approved development plan.
2.2 The proposed lot sizes are incompatible with the existing character of the area,
in particular the removal of vegetation.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
PAGE 75
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Report
The subject site is comprised of one parcel located on the eastern side of Halter Court in
Junortoun, north of the McIvor Highway. The site is irregular in shape with an area of
4,082 square metres (0.4 hectares) and has a very slight slope to the western end of the
site. The vacant site has a number of trees located over the land. Access to the site is via
an existing crossover to Halter Court. Halter Court is a sealed road, with open drains
either side. A rural post and wire fence delineates the site to the adjoining properties to
the south and east. A colorbond fence runs along the northern boundary.
The site is described as Lot 8 on Plan of Subdivision 639793W. The site was created as
part of an eight lot subdivision in 2011, that included the approval of a development plan.
A covenant is registered on the land title but has no effect on this application.
The site can be fully serviced by water, sewerage, electricity and telecommunications
supply systems.
Halter Court is comprised of eight lots, all of which are greater than 4,000 square metres.
Five of these lots have been developed, each with a large dwelling and associated
outbuildings. Halter Court is accessed via a service road from McIvor Highway. Lords
Raceway and the Catholic College Junortoun Campus are located south of McIvor
Highway. The Junortoun Store/Post Office is located approximately 150 metres east from
the site. The character of the area is defined by the semi-rural setting and a bushland
backdrop associated with the Bendigo National Park.
PAGE 76
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Figure 1: Location map showing subject site. Objectors properties are marked with a star.
Proposal
This application seeks the approval of a development plan and subsequent issue of a
permit to subdivide the land into two residential lots and removal of native vegetation.
Lot 1 will have an area of 2,000 square metres.
Lot 2 will have an area of 2,082 square metres.
Access to the lots will be from Halter Court.
Both lots are vacant.
Seven trees are designated for removal.
PAGE 77
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
The site is in the Low Density Residential Zone (LDRZ) and is covered by the
Development Plan Overlay Schedule 4 (DPO4) and Vegetation Protection Overlay 2
VPO2). A permit must not be granted to subdivide land, until a development plan has
been prepared to the satisfaction of the responsible authority. A permit is required to
subdivide land in the LDRZ and remove vegetation in the VPO2 and pursuant to Clause
52.17 provisions.
The following provisions of the Greater Bendigo Planning Scheme are relevant to the
application:
PAGE 78
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Consultation/Communication
Referrals
Referral Comment
Traffic & Design No objection subject to standard conditions
Drainage No objection subject to standard conditions
Public Notification
The application was informally advertised by way of notice on the site and letters to
adjoining and nearby owners and occupiers.
As a result of advertising, two objections were received, with the grounds of objection
being:
Proposed lot sizes not in keeping with the character of Halter Court;
Concern about tree removal;
Increased traffic.
The objections are discussed below.
PAGE 79
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Planning Assessment
The DPO4 requires that lots in this area are to be at least one hectare in area. The
proposal is to subdivide the land into lots of approximately 2,000 square metres in area.
Lots under the minimum lot size of one hectare may be approved following consideration
of the three matters discussed below.
Will the subdivision be compatible with the general character of the area?
Halter Court is comprised of lots that range in area from 4,000 to 6,000 square metres in
a semi-rural character setting. The site is situated in an area zoned for low density
residential purposes. In the context of the wider neighbourhood, the lots range between
0.21 to 2.6 hectares and are characterized with large dwellings and gardens. Many of the
landowners are involved with the racing industry due to the location of Lords Raceway
south of the highway.
The intent of the DPO4 is to maintain the semi-rural of the area by managing the density
of future development on generously sized lots. It is imperative that Council supports
areas designated with specific minimum lot sizes under the DPO4, to protect the future
integrity of the area, particularly Halter Court.
The proposed lots are capable of connection to reticulated water, sewer and power and
telecommunication services.
There are a number of trees located on the site, including a remnant patch in the
northern part of the site and scattered trees along the eastern and southern boundaries.
The application to subdivide the land includes the removal of this remnant patch, which
comprises seven trees. Both objectors are concerned that the removal of these trees will
compromise not only the ecological perspective, but also the aesthetic perspective of the
area.
It is interesting to note that when the original application to create the Halter Court
subdivision was submitted, the application included the removal of vegetation on Lot 8.
The application was presented to a Council Meeting for a decision. Council adopted the
Planning Officers recommendation for the approval of the subdivision, but deleted the
removal of the vegetation component. There is a notation on this permit that states This
permit does not allow native vegetation to be removed from the site. The rationale for
PAGE 80
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
keeping the vegetation was that a dwelling could be positioned on this lot without
compromising the sensitive nature of the site.
With regard to the current application, the proposed removal of the remnant patch of
vegetation is the same patch identified in the original application. The purpose of
retaining these trees is to protect the existing character of Halter Court.
Figure 4: Looking across the site, showing the location of the seven trees designated for removal
PAGE 81
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
The subdivision will set a poor precedent that would undermine the intent of the
DPO4.
The site is affected by the VPO2 (Significant Vegetation). The applicant proposes to
remove seven trees, which have been assessed in the low risk-based pathway. The
applicant has provided a Biodiversity Assessment Report which refers to the
requirements for a vegetation offset.
However, as explained earlier in the report, the existing vegetation contributes to the
character and appearance of the area. One of the purposes of this overlay is to protect
existing trees and other vegetation. The removal of trees to allow future development on
Lots 1 and 2 will compromise the existing setting.
Traffic
The objectors are concerned that the future construction of dwellings on the proposed
lots will generate extra traffic and exacerbate congestion where Halter Court intersects
with the service road and also where the service road intersects with the McIvor Highway
near the Junortoun Store.
The City of Greater Bendigo's Asset Planning and Design Unit has considered the
proposal and has commented that the traffic likely to be generated by one additional lot
at this location will not cause unacceptable traffic congestion within the area or the
nearby road network.
Permit Application
As stated earlier, a development plan must be approved prior to the issue of a planning
permit. The assessment of the application for the approval of a permit in a LDRZ area is
very similar to that of the development plan. Issues of neighbourhood character have
been addressed earlier in the report.
The proposed subdivision would undoubtedly create lots that are far removed from the
intent of the DPO4, and subsequently not meet the requirements of the LDRZ, in
particular the protection and enhancement of the natural environment and character of
the area (clause 32.03-6).
Conclusion
Based on the assessment of the character of the low density residential area, the area of
both proposed lots does not meet the minimum lot size of one hectare and subsequently
does not accord with the existing or desired neighbourhood character of Halter Court in
the manner required by the Development Plan Overlay 4.
PAGE 82
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Options
Council, acting as the responsible authority for administering the Planning Scheme, may
resolve to: approve a development plan prior to the issue of a planning permit with
conditions or refuse a development plan prior to the issue of a refusal to grant a planning
permit.
Attachments
Objections
PAGE 83
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Document Information
Summary/Purpose
PAGE 84
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
RECOMMENDATION
Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo
City Council resolve to establish the position of refusal, to present to VCAT for the
demolition of a dwelling and outbuildings and construction of a dwelling at 72 Marong
Road, WEST BENDIGO 3550 for the following reason:
1. The proposal would, by reason of its loss of heritage significance and original siting,
be detrimental to the heritage significance of the place contrary to clause 22.06 and
43.01 of the City of Greater Bendigo Planning Scheme.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Background Information
City records indicate two prior enquiries seeking in-principle approval from a heritage
perspective for the demolition of the existing dwelling. On both occasions it was
recommended the dwelling be retained due to its heritage significance; the most recent
of which was December 2014 and reads as follows:
PAGE 85
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
The building is included within the Victoria Hill Mining and Residential Area
precinct of the Eaglehawk and Bendigo Heritage Study, 1993. The precinct is
of significance due to its mix of residential and mining related structures. The
association of the miners homes with the mines is an important element. The
existing dwelling, or a substantial part of it, should be retained in order to
maintain as much as possible any examples of miners cottages in the
precinct.
Due to the heritage significance of the building, the City of Greater Bendigo
does not support its demolition at this time. However, if you decide to pursue
demolition you must apply for a planning permit to demolish the building. Your
application must include a heritage assessment prepared by qualified
professionals to demonstrate that it cannot and should not be retained.
Report
The subject site is a sloping, irregular shaped allotment with a frontage to Marong Road
(a Category 1 Road Zone VicRoads road) of approximately 27 metres and a depth
varying between 50 and 61 metres, with a total area of 1,235 square metres. The
existing dwelling and outbuilding are accessed via a sealed driveway from Marong Road
along the eastern boundary of the site.
The adjoining lots on Marong Road are zoned General Residential and contain dwellings
and are affected by the Heritage Overlay 26 (Calder Highway Precinct) with land to the
rear zoned Public Use Zone 7 managed by the City of Greater Bendigo and affected by
the Heritage Overlay 27 (Ironbark Precinct).
PAGE 86
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Proposal
The proposal is for the demolition of a dwelling and outbuildings and construction of a
new dwelling.
Demolition
The proposal seeks approval to demolish the existing dwelling on the site in its entirety,
including some small lean to structures attached to the western side of the dwelling. The
existing dwelling, as seen in the aerial photo above and the demolition plans shown
below, is not oriented to be square to the property boundary with Marong Road, the
significance of this will be detailed later in this report.
PAGE 87
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Construction of a dwelling
The site is in the General Residential Zone and affected by a Heritage Overlay Schedule
26. The demolition and construction of a dwelling requires planning approval as per
Clause 43.01 Heritage Overlay.
PAGE 88
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Overlay
43.01 Heritage Overlay Schedule 26 (Calder Highway Precinct)
Other Provisions
32.08 General Residential Zone;
36.04 Road Zone
65 Decision Guidelines
Consultation/Communication
Referrals
Referral Comment
Heritage Advisor Support the proposal on the condition that the orientation of
the building and the site chimney is retained. The retention
of the rear chimney is also preferred.
Public Notification
The application was advertised by way of notice on the site and letters to adjoining and
nearby owners and occupiers. No objections were received to the proposal.
PAGE 89
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Planning Assessment
The dwelling has been assessed by not less than two separate Heritage Advisors and is
mentioned in the relevant heritage study being the Bendigo and Eaglehawk Heritage
Study, 1993. The study indicates that the property was constructed circa 1880 placing it
amongst the oldest houses in the area. The subject site is also within the Heritage
Overlay.
The decision guidelines of the Heritage Overlay reflect this, with the most relevant being:
Whether the demolition, removal or external alteration will adversely affect the
significance of the heritage place.
The significance of the heritage place and whether the proposal will adversely
affect the natural or cultural significance of the place.
Any applicable statement of significance, heritage study and any applicable
conservation policy.
The contributing factor of the dwelling to the significance and heritage nature of the street
and planning controls relates to the way the house sits and is oriented on the block in
that it is well setback (approximately 22.5 metres), and sits askew.
The importance of this orientation is that it indicates that the dwelling was constructed at
a time that predated the current property boundaries and road alignments, giving it its
heritage significance.
Has the demolition been adequately and appropriately justified and will its removal be
detrimental to heritage?
The proposal seeks demolition of the existing dwelling and in essence a replica of this
dwelling constructed as its replacement, though oriented to be square with the front
boundary of the allotment.
The condition of the dwelling is quite dilapidated and it would need significant work if it
were to be used for habitation again.
PAGE 90
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
The tribunal has held that to support demolition of a building with heritage
values and a reasonable level of significance, its physical condition should be
beyond repair, both physically and economically. It should be in a ruinous
condition. Whilst this is not defined, it would reasonably mean that parts of the
building would be likely (50% probability) to collapse within the short to medium
term if no remedial works are undertaken. The applicant is required to
demonstrate the building has reached this threshold of disrepair. The
assessment should also be undertaken by heritage practitioners...
(Councils emphasis added through underlining)
.potentially, under severe wind loadings, the existing damage and defects to
structural timber framing elements of the overall structural system could lead to
collapse or partial collapse of the dwelling.
.the extent of repair works required to the dwelling to rectify defects and
damage to comply with current NCC and Australian Standard requirements is
most significant and would effectively constitute a complete re-build from scratch,
starting with excavation rectification works.
In its current condition, the dwelling presents a significant OH&S risk with
regards to the condition of structural framing elements, as discussed above.
Such risks will increase with further deterioration of the dwellings condition.
Given such risks, and given the extent of rectification works required, it is my
opinion that the dwelling should be completely demolished.
Given the very poor condition of the dwelling, suitable safety precautions and
measures shall be taken by any persons entering the building
At the time of the above report in 2014 the then Heritage Advisor suggested that the
damage was, to an extent, that a significant portion of the dwelling could be demolished
though went on to say that the front, original section of the miners' cottage should be
retained and made good.
In this particular case, the current Heritage Advisor has indicated that the setting of this
dwelling, primarily its setback and orientation that has predated the current road
alignment is of primary significance. The current advice from the Heritage Advisor
suggests that due to the condition of the dwelling, along with further deterioration over
the past 2 years, demolition may be supported but that support is conditional.
The conditional position put forth by the Heritage Advisor, supported by the Planning
officer, was that the demolition and subsequent reconstruction of the dwelling in a replica
fashion would only be supported if the significant orientation of the existing dwelling is
retained in the new plans. The reasoning behind this was that as long as the primary
form and orientation of the dwelling could still be read as original from the street, the
significance itself would not be lost therefore the proposal would be appropriate. If the
orientation was lost, the significance of the building and site would also be lost.
PAGE 91
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
This application documentation was also put to the Citys Heritage Advisory Committee
(HAC) for their comment and advice. In this instance, the HAC determined that the
proposal did not have sufficient merit to warrant support, as such they resolved that the
proposal should not be supported.
This position was put to the proponents with the justification included in the Heritage
Advisor's assessment however no changes to the original plans were made. This being
the case, if the form and orientation of the dwelling were lost, the significance of the site
would also be lost which does not accord with either the Heritage Policy or the Heritage
Overlay of the Greater Bendigo Planning Scheme.
Conclusion
The proposal in its current form would result in a detrimental impact on the heritage value
of the site and greater heritage precinct through loss of an original dwelling whose
positioning pre-dated the current road alignment. For this reason, the proposal is
deemed inappropriate and it is recommended Council establish the position of not
supporting the proposal at the upcoming VCAT hearing.
Options
In this case, being that the application is to be determined by the Tribunal, Council has
the options of establishing a position of either supporting the proposal or not supporting
the proposal as presented.
Attachments
PAGE 92
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Document Information
Purpose
The purpose of this report is to endorse the Bendigo Airport Strategic Plan (2017);
acknowledge the contribution of the Bendigo Airport Advisory Committee (2013 2017)
and support the formation of an interim Bendigo Airport Working Group to advise Council
on future governance options.
Summary
The renewed Bendigo Airport Strategic Plan (2017) has been developed to provide a
clear set of actions and associated tasks to guide development at Bendigo Airport over
the next five years (until 2022). The Plan provides strategic guidance to enable the
Bendigo Airport to successfully transition from a registered airport with general aviation
activities, to a certified and commercially viable airport that includes Regular Passenger
Transport (RPT) services. It also outlines opportunities for the non-airside land, which
underpins Bendigo Airports long term commercial viability.
The Bendigo Airport Advisory Committee, appointed by Council in 2013 has recently
completed its term and this report seeks to acknowledge their commitment and
contribution over the past four years.
RECOMMENDATION
~~~~~~~~~~~~~~~~~~~~~~~~~
PAGE 93
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Policy Context
Background Information
Bendigo Airport is located four kilometres north-east of the Bendigo CBD and is a
registered airport and home to Bendigo Flying Club, HEMS 3 Air Ambulance helicopter
service and DELWP temporary emergency service during fire season, as well as
commercial operations including jet charter services and a flying school.
With the development of the new 1,600m runway complete, opportunity exists to allow
70-seat aircraft to fly in and out of Bendigo and encourage further economic
development to the region.
The third stage in developing the Bendigo Airport will include the addition of a business
park, expected to include airside commercial (five lots), airport compatible business (16
lots) and private hangars (68 lots).
The Bendigo Airport Master Plan (2007) and current Bendigo Airport Strategic Plan
(2009) have driven key actions to date including:
Adopting new property lease arrangements for Bendigo Airport to improve business,
investment certainty and revenue generation.
Attracting a number of new tenants including the new charter company My Jet, which
has invested more than $1.5M at Bendigo Airport.
Appointing a dedicated Airport Manager for the first time in the life of Bendigo Airport.
PAGE 94
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Improving the main road entrance, erecting new fencing, and installing new apron
line markings and signage in accordance with Civil Aviation Safety Authority (CASA)
requirements.
Refurbishment of the former airport terminal building currently vacant and ready for
first stage of Regular Passenger Transport (RPT) operation.
Reviewing and amending the planning scheme and associated strategic direction to
ensure capital works and future services are supported by land use planning.
Attracting co-funding support from all three levels of government for the Stage 2,
$15M runway realignment and associated capital works, and works completed.
A renewed Strategic Plan for Bendigo Airport is required to ensure the appropriate
resources are in place to enable the next phase of project delivery, operational
management and investment attraction.
Report
Establishing and expanding Bendigo Airport as a key transport hub is a priority for the
region and strongly supports its aspiration for Greater Bendigo to be the worlds most
liveable community.
PAGE 95
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Cities the size of Bendigo require sophisticated transport methods and there is a long-
held local ambition for Bendigo Airport to support the movement of residents and visitors,
and the freight of goods and services both nationally and internationally.
Strong growth in Bendigos diverse economic base, including health care, financial and
insurance services, and professional services continue to drive job creation, population
expansion and established business activity.
As Bendigo Airport expands its own services and Bendigo as a destination, there is a
mandate to ensure it is financially sustainable and profitable.
This renewed Strategic Plan sets out a clear vision, objectives and priority actions to
drive this transformation of Bendigo Airport.
To link passengers and freight within the Loddon Campaspe region to national and
international destinations.
Ensuring delivery of the highest levels of safety and security in regard to airport
operations.
Creating value (financial and in-kind) that is aligned with the regional economy
through a range of credible, profitable and viable economic activities supporting a
range of passenger, freight and general aviation services.
Being the preferred travel method for interstate and international visitors travelling to
and from Bendigo and the Loddon Campaspe region.
Being a major generator of employment and other economic benefits for Bendigo
and the Loddon Campaspe region through providing quality transport facilities and
services including freight.
PAGE 96
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
The vision and objectives will be achieved through a range of actions aligned to the
following strategic directions:
Strategic Direction 1
Connected and active regional transport hub
Ensuring the terminal building is fit for purpose and meets the needs of increased use of
visitors to the region will be critical for future investment.
Strategic Direction 2
Transformative operations and project delivery
The future of Bendigo Airport will result in increased complexity of operations. Adaptive
resourcing strategies will be required to support the increasing level of operational
intensity across the Bendigo Airport.
The development of the business park is currently limited by site constraints, particularly
provision of adequate infrastructure services. Actions that de-risk Precinct 3 and ensure
development can proceed as planned will be important for attracting future investment.
Strategic Direction 3
Ongoing financial viability
Bendigo Airport precinct must operate with a sustainable economic focus and be
financially viable into the long term. Benefit to the community must be clearly reflected,
accounted and appreciated in any regular review of Bendigo Airport.
During the construction phase, there were limited income growth opportunities,
compared with outgoing operational and capital expenditure. Revenue from existing
tenants provides an important annual contribution to Bendigo Airports operations.
Opportunities exist to further investigate and define a fees and charges structure to
diversify and extend income through new revenue sources.
Increasing alignment between Bendigo Airport and the business community will be
important to strengthen freight-related business activity through Bendigo Airport and
within the proposed Precinct 3 business park.
PAGE 97
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Strategic Direction 4
Governance for the future
The current operational structure for Bendigo Airport resides with the City of Greater
Bendigo, supported until now by Bendigo Airport Advisory Committee. This paring co-
ordinated alignment between the Councils economic vision for the Bendigo Airport and
specialist community, aviation and airport advice.
Timelines:
A summary of the actions arising from the development of the plan is provided within the
body of the document, which details key actions, dates and a process for monitoring and
review.
Risk Analysis:
A renewed Strategic Plan for Bendigo Airport is required to ensure the appropriate
resources are in place to enable the next phase of project delivery, operational
management and investment attraction.
Consultation/Communication
The Bendigo Airport Strategic Plan (2017) was developed in close consultation with
Bendigo Airport Advisory Committee and key City of Greater Bendigo staff, including the
Airport Manager.
PAGE 98
Planning for Growth - Reports Ordinary Meeting - 17 May 2017
Resource Implications
The preparation of this Plan was covered in Bendigo Airports annual operations budget.
Resourcing for the implementation phase of this Plan will be through operational
budgets, capital bids, commercial partnerships and grants. Ultimately, the focus on
sustainable economic management of Bendigo Airport that lessens the requirement for
government support is a priority of this renewed Strategic Plan.
Attachments
PAGE 99
Presentation and Vibrancy / Productivity / Sustainability - Reports Ordinary Meeting - 17 May 2017
Nil.
4. PRODUCTIVITY
Nil.
5. SUSTAINABILITY
Nil.
PAGE 100
Leadership and Good Governance - Reports Ordinary Meeting - 17 May 2017
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
PAGE 101
Leadership and Good Governance - Reports Ordinary Meeting - 17 May 2017
Report
Value Delegated
Contract No Project Successful Contractor Date Signed
(GST Excl) Officer
Capital Contracts
PAGE 102
Leadership and Good Governance - Reports Ordinary Meeting - 17 May 2017
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
Council demonstrates leadership in its decisions to meet future needs and challenges.
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.
PAGE 103
Leadership and Good Governance - Reports Ordinary Meeting - 17 May 2017
Report
Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 27 March 2017
Matters discussed 1. Further induction to Statutory Planning (gaming
applications and consultation meetings)
2. Epsom-Barnadown Road
3. Victoria Lane
4. Four Seasons Waste
5. Aspinall Street flooding
6. Heritage Strategy and Review of Terms of Reference for
Heritage and Advisory Committee
7. Development Contributions Plan
8. Restructure
9. Insurance matter
10. Draft Community Plan
11. Creative Victoria
Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Julie Hoskin
Cr Andrea Metcalf
Cr James Williams
Cr Yvonne Wrigglesworth
Staff/ Mr Craig Niemann
Community Mr Bernie O'Sullivan
Representatives Mr Craig Lloyd
Ms Kerryn Ellis
Ms Vicky Mason
Mr Peter Davies
Mr Ross Douglas
PAGE 104
Leadership and Good Governance - Reports Ordinary Meeting - 17 May 2017
Meeting Information
Meeting Sustainability and Environment Advisory Committee
Name/Type
Meeting Date 4 April 2017
Matters discussed 1. Mine de-watering
2. Committee membership
3. Community grants
4. Committee Terms of Reference
5. Bushcare Incentive Program
6. Council Plan Environmental Sustainability section
7. Bendigo Sustainability Awards
8. Simon Corbell Roadshow
9. State Biodiversity Strategy
10. Wanyarram Dhelk Project
11. Curly Pond Weed and Ibis - Lake Weeroona
12. Fruit Fly
13. CoGB Public Health and Wellbeing Plan
Attendees/Apologies
Councillors Cr Rod Fyffe
Cr Andrea Metcalf
Cr Jennifer Alden
Staff/ Mr Bernie O'Sullivan
Community Mr Anthony Sheean
Representatives Ms Nycole Wood/
Mr Geoff Caine
Ms Jess Milroy
Ms Kathryn Stanislawski
Mr Chris Weir
Mr James Shaddick
Ms Pamela Beattie
Mr Colin Smith
Apologies:
Ms Robyn Major/
Mr Greg Butler
PAGE 105
Leadership and Good Governance - Reports Ordinary Meeting - 17 May 2017
Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 5 April 2017
Matters discussed 1. Insurance matter
2. Protected disclosure
3. Restructure
4. CBD public disorder
5. Draft Ordinary Agenda review and planning matters
6. Community Plan
7. External Budget final review
8. Community buildings, reserves and facilities
9. Outcomes of Whipstick Ward Tour
10. Campaspe Street, Elmore
Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Julie Hoskin
Cr Andrea Metcalf
Cr James Williams
Cr Yvonne Wrigglesworth
Staff/ Mr Craig Niemann
Community Mr Bernie O'Sullivan
Representatives Ms Vicky Mason
Mr Craig Lloyd
Mr Michael Smyth
Mr Peter Davies
Apologies:
Ms Kerryn Ellis
PAGE 106
Leadership and Good Governance - Reports Ordinary Meeting - 17 May 2017
Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 12 April 2017
Matters discussed 1. Community Grants Program Round 2
2. Meeting with the Youth Council
3. Health and Wellbeing Planning
4. Presentation on the Bendigo Soldiers Memorial Project
5. Bendigo to Kilmore Rail Trail
6. Presentation on All Saints Church and the Boardwalk at
Lake Weeroona
7. Discussion with Federal Member for Bendigo,
Lisa Chesters
8. Junortoun Community Plan
9. Community Plan
10. Meeting with developers
11. Regional City Commonwealth Games Bid
12. NDIS Expo
13. Policing in CBD
14. Timber seats in Hargreaves Mall
15. Hackathon
Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Rod Fyffe
Cr George Flack
Cr Andrea Metcalf
Cr James Williams
Cr Jennifer Alden
Cr Julie Hoskin
Cr Matt Emond
Cr Yvonne Wrigglesworth
Staff/ Mr Craig Niemann
Community Mr Bernie O'Sullivan
Representatives Mr Craig Lloyd
Mr Michael Smyth
Ms Vicky Mason
Mr Peter Davies
Apology:
Ms Kerryn Ellis
PAGE 107
Leadership and Good Governance - Reports Ordinary Meeting - 17 May 2017
Meeting Information
Meeting Heritage Advisory Committee
Name/Type
Meeting Date 20 April 2017
Matters discussed 1. Plan Greater Bendigo briefing
2. Heritage Advisory Committee presentation to Council
3. 'Heritage through the lens' photo competition
4. Heritage Advisory Committee Terms of Reference review
5. Councillor update
6. Strategy update
7. Remembrance Parks Victoria and Trades Hall
Attendees/Apologies
Councillors Cr Matt Emond
Staff/ Dr Dannielle Orr
Community Ms Trudy Rickard/
Representatives Ms Helen Ashby
Mr Laurie Brown
Ms Elaine Doling
Mr Jordan Grenfell
Ms Kay MacGregor
Dr Di Smith
Mr Rod Spitty
Mr Calum Walker
Apologies:
Ms Emma Bryant
Mr Trevor Budge/
Mr David Bannear
Mr Darren Wright
PAGE 108
Leadership and Good Governance - Reports Ordinary Meeting - 17 May 2017
Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 7 March 2017
Matters discussed Planning application DR/912/2016
42-44 Galvin Street, BENDIGO 3550
Demolition of existing buildings and construction of a four
storey building comprising 8 dwellings
Attendees/Apologies
Councillors Cr Margret ORourke
Cr Yvonne Wrigglesworth
Cr George Flack
Staff/ Shannon Rosewarne
Community Applicant
Representatives Objectors
Attachments
Nil
PAGE 109
Ordinary Meeting - 17 May 2017
7. URGENT BUSINESS
Nil.
8. NOTICES OF MOTION
Nil.
9. COUNCILLORS' REPORTS
Nil.
PAGE 110