City of Greater Bendigo Council Agenda January 18, 2017

AGENDA
Ordinary Meeting of Council

6.00pm Wednesday 18 January 2017
*** Broadcast live on Phoenix FM 106.7 ***
VENUE:
Reception Room,
Bendigo Town Hall,
Hargreaves Street, Bendigo
NEXT MEETING:
Wednesday 15 February 2017
Bendigo Town Hall
Copies of the City of Greater Bendigo Councils Agendas & Minutes
can be obtained online at www.bendigo.vic.gov.au
PAGE 1
This Council Meeting is conducted in accordance with Local Law No. 8. It is an offence for any
person to engage in improper or disorderly conduct at the meeting.
Council Vision
Greater Bendigo - Working together to be Australia's most liveable regional city.
Council Values
Council wants the community to continue to have reason to be proud of the city and will
do this through:
Transparency - Information about Council decisions is readily available and easily

understood;
Efficiency and effectiveness - Council provides services based on evidence of
need and demonstrates continuous improvement in the delivery of services;
Inclusion and consultation - Council uses a range of engagement strategies to
ensure community members can understand and take part in discussion that
informs the development of new strategies and actions;
Clear decisive and consistent planning - In a rapidly growing municipality, Council
undertakes to plan effectively for our long-term future;
Respect for community priorities and needs - Council will advocate for improved
services for community members and will consider community impact and
feedback the decisions it makes.
Themes
1.
Planning for Growth
2.
Presentation and Vibrancy
3.
Productivity
4.
Sustainability
5.
Leadership and Good Governance
PAGE 2
ORDINARY MEETING
WEDNESDAY 18 JANUARY 2017
ORDER OF BUSINESS:
ITEM
PRECIS
PAGE
ACKNOWLEDGEMENT OF COUNTRY
PRAYER
PRESENT
APOLOGIES
SUSPENSION OF STANDING ORDERS
PUBLIC QUESTION TIME
RESUMPTION OF STANDING ORDERS
DECLARATIONS OF CONFLICT OF INTEREST
CONFIRMATION OF MINUTES
1.
PETITIONS AND JOINT LETTERS
2.
PLANNING FOR GROWTH
10
2.1
Planning Scheme Amendment C224 - Commercial Land

and Activity Centre Strategy - Consider Submissions and
Adoption
10
2.2
1 Greenwood Drive, Kennington - Subdivide Land into 2

Lots and Amendment of Covenant L976965U To Remove
Point (D) of the Covenant
19
2.3
7 Francliff Avenue, Spring Gully - Subdivide Land into 28

Lots and Removal of Vegetation
30
2.4
4 Whittington Court and 198 North Harley Street,

Strathdale - Re-Subdivision of the Land into 4 Lots
49
2.5
2 McLaren Street, Bendigo - Demolition of Garage and

Construction of a New Garage
64
3.
PRESENTATION AND VIBRANCY
72
4.
PRODUCTIVITY
72
5.
SUSTAINABILITY
72
6.
LEADERSHIP AND GOOD GOVERNANCE
73
PAGE 3
6.1
Mayoral and Councillor Allowances Review
73
6.2
International Relations
76
6.3
Record of Assemblies
79
6.4
Contracts Awarded Under Delegation
85
7.
URGENT BUSINESS
87
8.
NOTICES OF MOTION
87
9.
COUNCILLORS' REPORTS
87
10.
MAYOR'S REPORT
87
11.
CHIEF EXECUTIVE OFFICER'S REPORT
87
12.
CONFIDENTIAL (SECTION 89) REPORTS
87
____________________________
KERRYN ELLIS
ACTING CHIEF EXECUTIVE OFFICER
PAGE 4
Ordinary Meeting - 18 January 2017
ACKNOWLEDGEMENT OF COUNTRY
PRAYER
PRESENT
APOLOGIES
SUSPENSION OF STANDING ORDERS

That Standing Orders be suspended to allow the conduct of Public Question Time.
PUBLIC QUESTION TIME

Public Question Time Purpose
Council has provided the opportunity for members of the public to ask questions of broad
interest to Council and the community. Matters relating to routine Council works should
be taken up with Councils Customer Service Officers through its Customer Request
System.
By the time planning matters have reached the council agenda, they have been through
an extensive process as required by the Planning and Environment Act. In addition, in
most instances mediation has been held between the parties involved. Throughout the
process there are many opportunities for the people to ask questions. Therefore, no
questions relating to planning matters on the Agenda will be accepted.
Public Question Time Where, When And Who
The public question time is held at every Ordinary Meeting of Greater Bendigo City
Council. Meetings of Council commence at 6.00pm in the Reception Room, Bendigo
Town Hall, Hargreaves Street, Bendigo.
The public question time is held at the start of the meeting as close as practical to
6:00pm. A maximum of 30 minutes has been provided for registered and unregistered
questions.
Residents are encouraged to lodge questions in advance so that a more complete
response can be provided.
Questions will be put to the Council by the individual posing the question; the question
will be answered by the Mayor or CEO, or where appropriate, Councillors or Council
Officers.
PAGE 5
Acceptance of Questions
Each person asking a question of Council is required to stand, state their name, and
address the Mayor. Public Question Time is not an opportunity for making of statements
or other comments. Councils Meeting Procedure Local Law does not allow for other
questions or comments during the remainder of the meeting.
1.
An individual may only ask one question per meeting, a follow-up question may be
permitted at the discretion of the Mayor.
2.
In the event that the same or similar question is raised by more than one person,
an answer may be given as a combined response.
3.
In the event that time does not permit all questions registered to be answered,
questions will be answered in writing or referred to the next meeting if appropriate.
4.
The Mayor and or CEO have the right to decline registration on basis of:
Legal proceedings;
More appropriately addressed by other means;
Vague or lacking in substance, irrelevant, frivolous, insulting offensive,
improper, defamatory or demeaning;
Answer likely to compromise his / her position;
Confidential, commercial-in-confidence.
5.
Each individual whose registration form has been accepted or declined will be
advised by the Friday of the week prior to the scheduled meeting.
6.
In the event of a registration form being declined the registration form will be
circulated to the Mayor or Councillors for information.
RESUMPTION OF STANDING ORDERS

That Standing Orders be resumed.
CR EMOND'S REPORT
PAGE 6
DECLARATIONS OF CONFLICT OF INTEREST

Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 (as
amended) direct and indirect conflict of interest must be declared prior to debate
on specific items within the agenda; or in writing to the Chief Executive Officer
before the meeting. Declaration of indirect interests must also include the
classification of the interest (in circumstances where a Councillor has made a
Declaration in writing, the classification of the interest must still be declared at the
meeting), i.e.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
direct financial interest

indirect interest by close association
indirect interest that is an indirect financial interest
indirect interest because of conflicting duties
indirect interest because of receipt of an applicable gift
indirect interest as a consequence of becoming an interested party
indirect interest as a result of impact on residential amenity
conflicting personal interest
A Councillor who has declared a conflict of interest, must leave the meeting and
remain outside the room while the matter is being considered, or any vote is taken.
Councillors are also encouraged to declare circumstances where there may be a
perceived conflict of interest.
PAGE 7
CONFIRMATION OF MINUTES
Minutes of the Ordinary Meeting of Wednesday 14 December 2016.
The following items were considered at the Ordinary Council meeting held on
Wednesday 14 December 2016 at 6:00pm.
Response to Petition: Request to Reopen Closed Section of Campaspe Street,

Elmore
Petition: Quarry Hill Primary School Request for Supervised School Crossing
Planning Scheme Amendment C227 - Implementation of Connecting Greater
Bendigo Integrated Transport and Land Use Strategy (ITLUS) Submissions and
Adoption
Awarding of Contract No: CT000298 for Scott Street Bridge and Road Upgrade,
White Hills
Awarding of Contract No: CT000299 for Allies Road, Road Reconstruction, Marong
Greater Bendigo Public Space Plan - Stage 2 Vision and Concept
Victoria's Draft 30-Year Infrastructure Strategy - Submission by the City of Greater
Bendigo
Woodvale Community Plan 2016-2020
Municipal Public Health and Wellbeing Plan 2013-2017 Annual Review 2015-2016
Council Plan 2016-2017: First Quarter Report, October 2016
Farming Advisory Committee - Review of Terms of Reference
Kerbside Organics Collection Service Update
Arbiter's Report - 3 Complaints
Epsom Primary School Joint Use Agreement
Council and Community Committees for 2016/2017
Record of Assemblies
Proposed Transfer of La Trove University Athletics Track
Financial Report as at 30 September 2016
Contracts Awarded Under Delegation
Section 89 Confidential Attachments x 2
Section 89 Report Relating to a Personnel Matter
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 14 December
2016, as circulated, be taken as read and confirmed.
PAGE 8
1.
PETITIONS AND JOINT LETTERS
Nil.
PAGE 9
Planning for Growth - Reports
2.
PLANNING FOR GROWTH
2.1
PLANNING SCHEME AMENDMENT C224 - COMMERCIAL LAND

AND ACTIVITY CENTRE STRATEGY - CONSIDER SUBMISSIONS
AND ADOPTION
Document Information
Author
Morgan James, Planner Amendments
Responsible
Director
Bernie O'Sullivan, Director Strategy and Growth
Summary/Purpose
Amendment details:
The Amendment proposes to introduce the Commercial

Land and Activity Centre Strategy (2015) into the Greater
Bendigo Planning Scheme. It proposes changes to the
Municipal Strategic Statement (MSS) to guide decision
making for economic development and growth and rezone
two areas to reinforce the Activity Centre Hierarchy.
Proponent:
City of Greater Bendigo - Strategy
No. of submissions:
2 supporting both requesting minor changes.
Key issues:
Economic development and growth;

Demand for commercial floorspace;
Reinforcing the activity centre hierarchy;
Strategic guidance for centres.
RECOMMENDATION
That the Greater Bendigo City Council resolve to:
1. Adopt Greater Bendigo Planning Scheme Amendment C224 with the changes
recommended in this report; and
2. Forward the adopted Amendment to the Minister for Planning for approval.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2016-2017 Update)
Planning for Growth
PAGE 10
2.2 Council manages the planning and development of the City through the preparation
of major Strategies and effective amendments to the planning scheme
2.2.1 Complete and implement the following major strategies through planning
scheme amendments:
- Commercial Land and Activity Centre Strategy
Productivity
Greater Bendigo has a vibrant and diverse economy that grows jobs and enables
good living standards.
Background Information
The key steps in the Amendment process are summarised below:
PAGE 11
The Amendment is required to implement the recommendations of the Commercial Land

and Activity Centre Strategy, November 2015 (CLACS) which has been developed by
the City to provide a framework for how our activity centres will be planned and
developed over the next two decades. It replaces our existing Commercial Land Strategy
(2004) that has guided a significant amount of commercial development over the past
decade.
The new Strategy and its recommendations utilise the latest population and demographic
information available, together with a comprehensive understanding of our existing
supply of commercial floorspace. The Strategy has analysed the data, investigated
emerging trends and innovations in retailing, and applied the key strategic directions
coming from the recently adopted Residential Strategy (2014), Economic Development
Strategy (2014) and Connecting Greater Bendigo Integrated Transport and Land Use
Strategy (2015) in order to reach its conclusions and recommendations.
In essence, there are two key outputs of the CLACS:
1. A set of updated projections for the demand for new commercial floorspace across
the municipality.
The updated projections below indicate that there will be significant demand for new
commercial floorspace in Greater Bendigo over the next 15 years. The centre specific
projections included in Clause 21.07 (attached) provide projected floorspace demand by
centre and type and provide key insights and directions into the projected growth of
these centres.
2. An updated Activity Centre Hierarchy.

The activity centre hierarchy establishes the order of one centre compared to another
and is based on the existing, well established hierarchy of centres. The hierarchy defines
the role and function of each level of activity centre and it identifies the range of activities
that need to be provided if it is to meet the needs of the community.
PAGE 12
Image: Activity Centre Hierarchy Framework Plan.
The Amendment also proposes two zoning changes to reinforce the Activity Centre
Hierarchy, these include:
1. Rezoning land at 20 Crook Street, Kennington from Commercial 2 Zone to General
Residential Zone to reflect the established residential use of this land (as shown
below).
PAGE 13
2. Rezoning land at 1 Booth Street and 284- 302 High Street, Golden Square from
Commercial 2 Zone to Commercial 1 Zone to accurately reflect the commercial role of
this land in the Golden Square Neighbourhood Activity Centre (as shown below).
Previous Council Decisions

4 November 2015 Council resolved to adopt the Commercial Land and Activity Centre
Strategy and commence the Planning Scheme Amendment Process.
Report
An Explanatory Report is attached and details the purpose, effect of the Amendment and
provides the strategic justification for the Amendment as required.
Land affected by the Amendment
The Amendment applies to all of the land within the City of Greater Bendigo by making
changes to the Municipal Strategic Statement.
The Amendment also specifically affects the following properties:
20 Crook Street, Kennington and adjoining road reserve.
1 Booth Street, Golden Square and 284-288, 290-294, 296-298, 300, 300A and 302
High Street, Golden Square and adjoining road reserves.
PAGE 14
What the Amendment does

The Amendment introduces the Commercial Land and Activity Centre Strategy (2015)
into the Greater Bendigo Planning Scheme. It makes a number of changes to the
Municipal Strategic Statement (MSS) to guide decision making for economic
development and growth in the Greater Bendigo Planning Scheme. The Amendment
also proposes two zoning changes to reinforce the Activity Centre Hierarchy.
Specifically, the Amendment proposes to:
Rezone land at 20 Crook Street, Kennington and adjoining road reserve from
Commercial 2 Zone to General Residential Zone.
Rezone land at 1 Booth Street, Golden Square and land at 284-288, 290-294, 296298, 300, 300A and 302 High Street, Golden Square and adjoining road reserves
from Commercial 2 Zone to Commercial 1 Zone.
Amend Clauses 21.02 and 21.07 of the MSS to update the key issues and influences
section, and economic development objectives, strategies and implementation
actions.
Amend Clause 21.10 of the MSS to include the Commercial Land and Activity Centre
Strategy (2015) as a reference document.
Consultation/Communication
Exhibition Procedures
The Amendment was exhibited for one month from 1 September 2016 to 4 October
2016.
Notice was provided in the following manner:
Individual notices to owners and occupiers of land affected by the proposed zoning
changes.
Individual notices to interested parties including Bendigo Business Council, Bendigo
Traders Association, Empowering Eaglehawk, Strathfieldsaye and District Community
Enterprise, Advance Heathcote, Supermarket operators and centre managers etc.
Notices to prescribed Ministers under Section 19(1)(c) of the Planning and
Environment Act.
Notices to all authorities materially affected under Section 19(1)(a) of the Act.
Public notice of the Amendment in the Bendigo Advertiser on 31 August 2016 and 3
September 2016.
Publication of the notice of the Amendment in the Government Gazette on 1
September 2016.
Access online.
Submissions
Two submissions were received during the exhibition period and are discussed in the
tables below.
PAGE 15
Submitter 1: Currie & Brown on behalf of M.G. Estates Pty Ltd 244 Edwards
Road, Maiden Gully
Supports/Objects
Officer Response & Recommendation
Supports and requests minor changes.
Change the amendment as below.
Requests that reference to the subject Agree - change as requested.

land on page 5 of Clause 21.07 be
amended from Forest Edge to Maiden
Gully SW (Future) for consistency.
Requests the mapping within the Agree - change as requested.
Commercial Land and Activity Centre
Strategy, November 2015, be amended
to indicate that the subject land is
contained within the urban growth
boundary (UGB).
Submitter 2: Centrum Town Planning on behalf of Southern Cross Austereo
Supports/Objects
Supports and requests minor changes.
Change the amendment as below.
Requests the extent of the St John of The importance of defining the extent of
God Specialised Activity Centre be the activity centre is acknowledged;
clearly defined.
however, this is planned to form part of
future work as we are not currently in a
position to be able to define area without
more area specific analysis.
Requests that the inclusion of the subject Agree - make minor wording changes to
site within the Specialised Activity Centre page 49 of the Strategy to clarify the
be clarified within the Strategy.
inclusion of the site within the centre.
Proposed Clause 21.02 and Clause
21.07-1 should refer to the role of health
in activity centres outside the Bendigo
Hospital Precinct to provide context for
later references to the St John of God
Specialised Activity Centre.
Agree - the inclusion of the word health

in the role of activity centres is proposed
in Clause 21.02-3 Activity centres
provide a range of functions including
retail, commercial, community, health,
cultural, transport, education, social,
entertainment, leisure and civic services.
These roles are vital to community and
business development and to growth and
diversification of local employment.
The following strategy under objective 2
of Clause 21.07-2 is also proposed
Facilitate the development of specialised
PAGE 16
Submitter 2: Centrum Town Planning on behalf of Southern Cross Austereo

Supports/Objects

activity
centres
and
commercial development
support them.
appropriate
required to
Requests that floor space projections be Disagree - a specified floorspace

provided for Specialised Activity centres. projection for the activity centre is
unnecessary as they are specialised
centres
not
anchored
by
retail.
Mentioning the centre and its function in
the hierarchy is considered sufficient
strategic justification. Any more specific
guidance would need to wait for a
detailed planning process. The submitter
has subsequently indicated that this is
satisfactory.
Requests that Clause 21.07 includes
reference to the need for a strategic plan
for the St John of God Precinct as future
strategic work.
Agree - include the following wording

under future strategic work of Clause
21.07: Prepare a structure plan for the
St John of God Hospital Specialised
Activity Centre.
Officers have discussed the submissions with both submitters and provided the above
responses. Both submitters have subsequently indicated they were satisfied with the
proposed changes and now fully support the amendment.
Conclusion
It is recommended that Council adopt the recommendations detailed for each of the
submissions in this report and adopt the Amendment with changes.
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 17
Resource Implications
The amendment will have an overall positive impact on the responsible authority by
providing guidance for future commercial development.
The City is responsible for payment of statutory fees and costs incurred in the processing
of the Amendment. Officer time will be required to prepare the Amendment
documentation for adoption and liaise with the Minister for Planning.
Attachments
Copy of submissions and associated correspondence (2)

Explanatory report
Clause 21.07 Economic Development
PAGE 18
2.2
1 GREENWOOD DRIVE, KENNINGTON - SUBDIVIDE LAND INTO 2

LOTS AND AMENDMENT OF COVENANT L976965U TO REMOVE
POINT (D) OF THE COVENANT
Author
Liz Commadeur, Subdivision Planner
Responsible
Director
Bernie O'Sullivan, Director Strategy and Growth
Summary/Purpose
Application details:
Subdivide land into 2 lots and amendment of Covenant L976965U

to remove Point 4 of the covenant
Application No:
DS/448/2016
Applicant:
D A Shephard
Land:
1 Greenwood Drive, KENNINGTON 3550
Zoning:
General Residential Zone
Overlays:
Significant Landscape Overlay 1
No. of objections:
Consultation
meeting:
6 September 2016 The issues were not resolved.
Key considerations:
Central to an assessment of the application is whether a variation

to a covenant will cause detriment of any kind to any person
affected by the covenant.
Conclusion:
This report recommends that Council oppose the proposed

variation of covenant and subsequent two lot subdivision on the
grounds that is likely to result in detriment, including perceived
detriment, being suffered by the beneficiaries of the covenant.
PAGE 19
RECOMMENDATION
Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo
City Council resolve to issue of Refusal to Grant a Permit for a two lot subdivision and
removal of Point (d) from covenant L976965U at 1 Greenwood Drive, KENNINGTON on
the following grounds:
1. The proposed variation of the covenant will result in detriment, including perceived
detriment, being suffered by the beneficiaries of the covenant.
2. The proposed common boundary between Lot 1 and Lot 2 will adversely affect the
neighbourhood character and would result in an undesirable impact to the existing
bushland qualities of the streetscape.
3. The proposed subdivision will not comply with Clause 22.24 (Strathdale/Kennington
residential character policy).
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Planning for Growth
Planning ensures residents have access to diverse, affordable and sustainable
housing choices.
Presentation & Vibrancy
Greater Bendigo is a community that values its heritage, arts facilities and major
events and supports arts and cultural experiences.
Productivity
Sustainability
The built and natural qualities that make Greater Bendigo an attractive and appealing
place are valued and conserved.
A previous planning application (DS/353/2009) for a three lot subdivision was refused at
VCAT on 21 July 2010. The VCAT Member considered the proposal to be excessive
and fatally disrespectful of the neighbourhood character issues and policy provisions that
apply.
A planning permit (DS/609/2010) was issued for a two lot subdivision on 26 November
2010. The permit included a condition that Prior to the issue of a Statement of
Compliance under the Subdivision Act 1988, the owner must remove or vary the
restrictive covenant (L976965U) affecting the land in the subdivision so that a single
dwelling may be constructed on Lot 1 created by the subdivision.
PAGE 20
This permit was not acted upon.

Report
Subject Site and Surrounds
The subject site is located on the corner of Greenwood Drive and Edwards Road,
Kennington in an established residential area. The site is irregular in shape with an area
of 1,060 square metres. A large, double storey, brick dwelling is located on the eastern
side of the site and a shed is located in the north western corner of the site. The site
slopes to the south eastern corner. There are a number of small native trees located
along the western boundary. There is no landscaping around the existing dwelling. A
number of large Ironbark trees are located along both the Edwards Road and
Greenwood Drive road reserves. Abutting the northern boundary of the site is a single
storey dwelling, while to the east are two smaller dwellings that share a common
driveway. Land to the south of the site consists of single storey dwellings. A two metre
wide drainage easement runs along the eastern boundary.
Greenwood Drive is comprised of lots that range in size. The street is characterised by
medium to large, single storey dwellings which are constructed of brick with tiled roofs.
The well-cared gardens tend to be medium in size. The larger lots reflect a sense of
spaciousness similar to the surrounding streets, in particular Edwards Road.
The Bendigo National Park (One Tree Hill) is located approximately 200 metres to the
south of the site.
Services, including reticulated water and sewerage, power, gas and telecommunications
are able to be connected to the site. Greenwood Drive is a sealed road with kerb and
channel. A footpath has been constructed on the opposite side of Greenwood Drive.
A covenant is registered on title, which is of significance in the assessment of this
application.
PAGE 21
Figure 1: Location map showing subject site. Objectors properties are marked with a star.
Proposal
The applicant proposes to subdivide the site into 2 lots and to remove Point (d) from
covenant L976965U. Point (d) is required to be removed to enable the future
construction of a single dwelling on Lot 2. The area of the proposed lots is:
Lot 1 329 square metres and will retain the existing dwelling.
Lot 2 731 square metres.
Both lots will be accessed from Greenwood Drive.
PAGE 22
Figure 2: Proposed plan of subdivision
Planning Controls - Greater Bendigo Planning Scheme

The site is in the General Residential Zone (GRZ) and is affected by the Significant
Landscape Overlay Schedule 1 (SLO1). A permit is required to subdivide land subject to
the zone provisions.
The site is covered by a restrictive covenant. A permit is required to remove or vary a
restrictive covenant subject to the Clause 52.02 provisions. The purpose of Clause 52.02
is to enable the removal and variation of a restriction to enable a use or development that
complies with the Planning Scheme after the interest of affected people is considered.
The following provisions of the City of Greater Bendigo Planning Scheme are relevant to
the application:
State Planning Policy Framework:
Regional development (clause 11.05).

Urban environment (clause 15.01).
Sustainable development (clause 15.02).
Integrated transport (clause 18.01).
Movement networks (clause 18.02).
Municipal Strategic Statement:

Municipal profile (clause 21.01).
Key issues and influences (clause 21.02).
PAGE 23
Vision - strategic framework (clause 21.03).

Strategic directions (clause 21.04).
Settlement (clause 21.05).
Housing (clause 21.06).
Environment (clause 21.08).
Infrastructure (clause 21.09).
Reference documents (clause 21.10).
Local Planning Policies:
Salinity and erosion risk policy (clause 22.04).

Strathdale/Kennington residential character policy (clause 22.24)
Other relevant provisions:
Easements, Restrictions and Reserves (clause 52.02)

Residential subdivision (clause 56)
Decision guidelines (clause 65).
Referral and notice provisions (clause 66).
Referrals
The following internal departments have been consulted on the proposal:
Referral
Comment
Traffic & Design
No objection subject to conditions
Drainage
Public Notification
Notice of the proposal was required to be given in accordance with Section 52 of the
Planning and Environment Act (1987), by way of notice on the site and notices to all the
parties who benefited from the Covenant and an advertisement placed in the Bendigo
Advertiser.
As a result of advertising, six objections (three objectors affected by covenant) were
received, with the grounds of objection being:
Potential for the construction of a double storey dwelling not in keeping with the area.
The subdivision is not in keeping with the neighbourhood character.
Potential for Lot 2 to be further subdivided.
Parking issues.
Devaluation of land values.
PAGE 24
The objections are discussed below.

Planning Assessment
This application is being assessed under two main considerations, namely the Restrictive
Covenant and the Two Lot Subdivision
Restrictive Covenant
In addition to the application to subdivide the land into two lots, approval is being sought
to amend a covenant. The title for the subject land contains a restrictive covenant which,
among other things, states that:
(d)
That no more than two flats or units shall be erected on the said lot provided that
such flats or units must be constructed in the one building."
This covenant is not breached in itself by the subdivision proposal, rather it is necessary
to remove Point (d) of the covenant to enable the future construction of a single dwelling
on Lot 2. This statement was supported in the previous VCAT case.
Restrictive covenants are a private written agreement to restrict the use or development
of land for the benefit and protection of other land. A registered restrictive covenant can
be removed or varied by applying for a planning permit under the Planning and
Environment Act 1987.
The application was advertised to all the beneficiaries of the covenant, as well as
abutting neighbours. Three beneficiaries objected to the variation. Three additional
objections that were received were from persons whom are not parties to the covenant.
Section 60(5) of the Planning and Environment Act 1987 states that all applications to
remove or vary a covenant which was created before 1991, must meet the following
tests:
(a) The owner of any land benefited by the restriction (other than an owner who, before
or after the making of the application for the permit but not more than three months
before its making, has consented in writing to the grant of the permit) will be
unlikely to suffer any detriment of any kind (including any perceived detriment)
as a consequence of the removal or variation of the restriction; and
(b) If that owner has objected to the grant of the permit, the objection is vexatious or not
made in good faith.
The covenant was created in 1985 when the land was originally subdivided. The original
intention of the covenant was to protect the future development of the site, in particular
the protection of residential use, minimum dwelling size, restricted use of roofing
materials and only single, detached or two flats or units in the one building with a
minimum floor area of 110 square metres be constructed on each of the lots.
Residents have since bought into the estate and constructed dwellings knowing that
there was a covenant on the title.
PAGE 25
Is any person likely to suffer any detriment of any kind or any perceived detriment?
The notion of perceived detriment becomes highly relevant when assessing applications
for the removal or variation of covenants created prior to 1991. The objectors have
identified four main concerns, which have the capacity to cause any kind or any
perceived detriment. These concerns are as follows:
Potential further subdivision
The objectors are concerned that by removing Point (d) of the covenant, it could
potentially allow Lot 1 to be further subdivided in the future. In response, this could very
well be the case, especially with the proposed common boundary being so close to the
existing dwelling. The proposed area of Lot 1 being 731 square metres, is large enough
to be further subdivided. The owner of the land argues that there is no intention of further
subdividing this lot. However, landowners can change their minds and land can be sold
to new owners. If Point (d) was removed, new owners are within their rights to apply for
further subdivision, which is not in keeping with the original intent of the covenant.
Keeping the original covenant intact protects this land into the future.
Neighbourhood Character
The objectors are concerned that any further development will compromise the integrity
of the existing neighbourhood character. One of the major concerns of objectors is that
the location of the existing, double storey dwelling on the eastern boundary is not in
keeping with the existing neighbourhood character. In particular, the objectors believe
that this existing dwelling requires a larger lot size than the proposed 329 square metres,
as indicated in the plan below.
Figure 3: Current layout of site with proposed common boundary marked in red
PAGE 26
Figure 4: Relevant lots located within Precinct 7 of the Strathdale/Kennington Residential Character Policy
The subject site is located within Precinct 7 of the Strathdale/Kennington Residential

Character Policy, as shown above. Precinct SK7 comprises of all the residential
properties that front the east side of Edwards Road, from the Ellis Street roundabout to
Greenwood Drive, but does not include the southern side of Greenwood Drive. This
precinct extends into Greenwood Drive, but not as far as Inorom Place. The character
description of the policy describes the area as distinctive within Bendigo for its large,
mansion-like, modern dwellings in their extensive grounds. Bushland from the adjoining
environment spreads into the area and remnant vegetation still survives in the road
reserve. In addition, the subject site is affected by the Significant Landscape Overlay,
which correlates with this part of the precinct. One of the purposes of the precinct is to
conserve and enhance the character of significant landscapes.
While small lots do exist in Greenwood Drive, they are not a feature of the streetscape
along Edwards Road. Current policy is to maintain Edwards Road as a bushland setting
that complements the nearby National Park. Subdivided lots need to be large enough to
incorporate generous areas of open space around any dwelling. The current plan of
subdivision fails to achieve this objective. The existing, double storey dwelling needs a
larger area to soften the eastern end of the site, rather than allow a relatively narrow lot
of 12.33 metres, with limited side setbacks. More equitably sized lots in the subdivision
could realistically be able to achieve the design responses sought in SK7, in particular,
that the total hard surface site coverage (including outbuildings, swimming pools, tennis
courts, driveways and all-permeable surfaces) should not exceed 40%. The coverage of
the existing dwelling on proposed Lot 2, without any other structures, already constitutes
124 square metres, with a maximum of 132 square metres allowable on a 329 square
PAGE 27
metre lot. The applicant was given the opportunity to amend the proposed plan of
subdivision to reflect a larger Lot 2, but declined to do so.
Increased traffic and parking congestion
The objectors are concerned that the future construction of a dwelling will generate extra
traffic and cause further parking congestion, which will compromise traffic safety in the
area. The site is located very close to La Trobe University and the objectors argue that
students parking along the street are causing the parking congestion.
One of the outcomes of urban consolidation is an expected increase in traffic, both
vehicular and pedestrian. However, by removing Point (d) of the covenant, it is likely to
result in future residential development being brought into closer proximity to what
currently exists and therefore bringing traffic and parking closer, potentially impacting
affected persons.
Devaluation of land prices
In normal circumstances when assessing planning applications, there is established case

law which holds that a proposed decrease in property value is an irrelevant
consideration. A long standing position held by VCAT is that other than in exceptional
cases, and where evidence can be presented, loss in property values will not be
entertained as a ground of objection. However, with regard to the removal or variation of
covenants, this has been further tested at VCAT. In the Hill v Campaspe Shire Council
[2011] VCAT 949 Red Dot decision, the Deputy President argued that an objection
regarding the devaluation of properties cannot be disregarded. In other words, if an
objection relates specifically to the devaluation of land prices, it is difficult to argue that
the affected person is unlikely to be detrimentally affected currently or in the future.
Have the objections raised by the beneficiaries of the covenant been made
vexatiously?
Planning staff believe that the objectors have objected in good faith and consequently
not acted vexatiously. The objectors concerns have been consistent with each of the
previous applications relating to the site.
Two Lot Subdivision
The assessment of this application has been centred on the variation of the covenant,
rather than the subdivision component. As mentioned earlier, this type of covenant is not
breached in itself by the subdivision proposal, rather it is necessary to remove Point (d)
of the covenant to enable the future construction of a single dwelling on Lot 2. However,
the assessment of the proposed plan of subdivision in its current configuration fails to
respond adequately to the objectives and design responses identified in the
Strathdale/Kennington Residential Character Policy.
PAGE 28
Clause 56 Report
Most Rescode requirements, including solar orientation can be achieved. All services
can be connected and the site is close to services and community facilities, including a
supermarket, primary and secondary schools and recreation facilities. However, suffice
to say, the proposal does not comply with Clause 56.03-5, as the neighbourhood
character will be compromised, which is discussed earlier in the report.
Conclusion
It is concluded that allowing the variation of the covenant is likely to result in detriment,
including perceived detriment, being suffered by the beneficiaries of the covenant.
Additionally, the subdivision in its current form, does not meet the objections of the
Strathdale/Kennington Residential Character Policy and would result in compromise the
existing streetscape. Existing traffic and parking issues would also be exacerbated. It is
therefore recommended that a permit not be granted.
Options
Council, acting as the responsible authority for administering the Planning Scheme, may
resolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit.
Attachments
Objections
PAGE 29
2.3
7 FRANCLIFF AVENUE, SPRING GULLY 3550 - SUBDIVIDE LAND

INTO 28 LOTS AND REMOVAL OF VEGETATION
Author
Lachlan Forsyth, Statutory Planner
Responsible
Director
Bernie OSullivan, Director Strategy and Growth
Summary/Purpose
Subdivide land into 28 lots and removal of vegetation
Application No:
DS/676/2015
Applicant:
Shane Muir Consulting Engineers Pty Ltd
Land:
7 Francliff Avenue, SPRING GULLY 3550
Zoning:
Overlays:
Environmental Significance Overlay 2
No. of objections:
Three (3) and one (1) petition
Consultation
meeting:
26 September 2016
Key considerations:
Conclusion:
The site is well positioned to provide new housing which is located

inside the Bendigo Urban Growth Boundary, within short walking
distance to public parks and shops and which is well serviced by
public transport.
Compliance with the Planning Scheme.

Environmental impacts (native vegetation and groundwater).
Traffic impacts.
Neighbourhood character.
The proposed subdivision layout is consistent with the existing

neighbourhood character of the area and potential environmental
impacts can be appropriately managed and mitigated.
This report assesses the application and recommends that
Council issue a Notice of Decision to Grant a Planning Permit.
PAGE 30
RECOMMENDATION
City Council resolve to issue a Notice of Decision to Grant a Permit for Subdivide land
into 28 lots and removal of vegetation at 7 Francliff Avenue, SPRING GULLY 3550
subject to the conditions at the end of this report:
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Planning for Growth
housing choices.
Productivity
Sustainability
Report
The subject site is an irregular shaped parcel of land which lies between Francliff Avenue
and Joachim Lane - approximately 50 metres east of Mandurang and Retreat Roads,
Spring Gully.
The site has an 80 metre frontage to Francliff Avenue, a 25 metre frontage to Joachim
Lane and a total area of 2.42ha. The eastern and western boundaries of the site abut
standard residential lots which front Mandurang Road and Philden Way.
The property has been vacant for a number of years and is not currently used for any
specific purpose. No buildings exist on the site and unformed vehicle access connects it
to Francliff Avenue and Joachim Lane.
The site is partly cleared and partly covered by a patch of remnant vegetation in the
south-western section of the site. Native trees are also scattered along both road
frontages and along the western boundary of the property.
PAGE 31
The surrounding land has mostly been developed for residential purposes, with the
subject land one of the last remaining vacant parcels of land in the area. Lot sizes in
adjoining streets are similar to that proposed under this application.
Land approximately 150 metres to the east contains the Greater Bendigo National Park
(One Tree Hill). The Spring Gully Recreation Reserve is located approximately 180
metres away to the north-west.
Figure 1: Location map showing subject site. Objectors' properties marked with a star.
Note: Signatories to petition not shown on above map.
Figure 2: Aerial photograph of subject site and surrounds.
Proposal
The application proposes to subdivide the land into 28 lots and remove 1.182 ha of
native vegetation.
Lot sizes will range from 502m to 843m, with an average lot size of 669m.
PAGE 32
A new road is proposed to run between Francliff Avenue and Joachim Lane. An internal
court leading off this road will provide access to seven lots within the subdivision.
All lots in the subdivision will be fully serviced by reticulated water, sewerage, electricity
and telecommunications infrastructure.
Figure 3: Proposed subdivision layout.

The following clauses are relevant in the consideration of this proposal:
State Planning Policy Framework
Integrated decision making (cl. 10.04)
Settlement (cl. 11)
Regional development (cl. 11.05)
Loddon Mallee South Regional Growth Plan (cl. 11.12)
Biodiversity (12.01)
Bushfire (13.05)
Urban environment (cl. 15.01)
PAGE 33
Sustainable development (cl. 15.02)

Residential development (cl. 16.01)
Movement networks (cl. 18.02)
Development Infrastructure (cl. 19.03)
Municipal Strategic Statement

Municipal profile (cl. 21.01)
Key issues and influences (cl. 21.02)
Strategic directions (cl. 21.04)
Compact Bendigo (cl. 21.05)
Reference documents (cl. 21.10)
Local Planning Policies
Spring Gully Residential Character Policy - Precinct 2 (cl. 22.23)
Overlays
Environmental Significance Overlay Schedule 2 Groundwater recharge protection
area (cl. 42.01)
Zone
General Residential Zone (cl. 32.08)
Other Provisions
ResCode Subdivision (cl. 56)
Native Vegetation (cl. 52.17)
Decision guidelines (cl 65)
Referral and notice provisions (cl. 66)
Permit triggers
General Residential Zone subdivision.
Environmental Significance Overlay subdivision and removal of vegetation.
52.17 Remove native vegetation.
Referrals
The following authorities and internal departments have been consulted on the proposal:
Referral
Comment
Powercor
No objection subject to conditions relating to electricity

infrastructure provision.
Department
of No objection to tree removal subject to native vegetation
Environment, Land, Water removal offsets.
& Planning.
North central Catchment No objection, no conditions.
Management Authority
PAGE 34
Referral
Comment
Goulburn-Murray Water
No objection subject to conditions relating to subdivision

construction and urban run-off management and
connection to reticulated sewerage for each lot.
Coliban Water
No objection subject to conditions relating to provision

of reticulated water and sewerage.
Tenix (Gas)
No objection subject to standard referral provision for

certification.
Country Fire Authority
No objection subject to conditions relating to provision

of fire hydrants, road construction, subdivision layout
and the provision of a Bushfire Management Statement.
Traffic & Design
No objection subject to standard road construction

conditions.
Drainage
No objection subject to storm water infrastructure

conditions.
Public Notification
The application was advertised by way of placing a notice board at both road frontages
and by sending letters to all adjoining and nearby lot owners and occupiers.
As a result of advertising, three (3) objections and one (1) petition with 23 signatures
were received, with the grounds of objection being:
o
Increased traffic;
Increased noise;
Loss of trees / habitat for endangered species;
Lack of car parking;
Adverse impacts on neighbourhood character, due to removal of vegetation and

increased built form;
Health impacts from dust associated with the subdivision;
Reduced safety increase in crime.
The objections are discussed below.

Planning Assessment
State Planning Policy Framework (SPPF), Local Planning Policy Framework (LPPF) &
Municipal Strategic Statement (MSS)
Planning Scheme policies which are relevant to this application are identified earlier in
this report. The following provides a discussion on how the proposal responds to these
policies.
PAGE 35
Infill development of this style is broadly supported by State policy at Clause 11

(Settlement) and 16 (Housing), the Loddon Mallee South Regional Growth Plan (Cl.
11.12) and by the Compact Greater Bendigo policy at Clause 21.05.
The subdivision would allow for urban consolidation which will utilise existing services,
infrastructure and a large undeveloped parcel of residentially zoned land. The proposal
would also assist in implementing the urban containment policy aims found within the
Compact Bendigo Policy and the Key issues and influences section of the MSS (Clause
21.02).
Whilst the subdivision layout does not offer a great deal in terms of lot diversity, the
design response is appropriate given its consistency with the surrounding pattern of
development and the sites location in a suburban residential context (as opposed to an
activity centre for example, where higher densities would be encouraged).
The suburban context of the site is suitable for further development of this nature,
particularly due to the existing connections to service infrastructure, the sites location
near a main arterial road, the excellent proximity to recreational public open space
(within 200m of Spring Gully Creek Linear Reserve, Spring Gully Recreation Reserve
and the Greater Bendigo National Park) and its short distance from the local services
located within Spring Gully. This meets the 10 minute neighbourhoods objective of the
Greater Bendigo Residential Development Strategy (2014).
The provision of reticulated services, roads and footpaths is also compliant with the
development infrastructure objectives of Clause 19.03.
It is also noted that the land falls within the Urban Growth Boundary; it is zoned for
residential purposes and is located in an established residential neighbourhood. As
mentioned previously, the site is one of the last remaining large vacant parcels of land in
the area.
The site is also well serviced by public transport, with buses stopping nearby on Francliff
Avenue and Mandurang Road (Route 62: Bendigo Station Spring Gully via Latrobe
University and Route 65: Bendigo Station Spring Gully via Carpenter Street). This
meets the movement network objectives of Clause 18.02.
The proposal is also appropriate with regards to neighbourhood character (Clause
22.23), due mostly to the layout and size of lots which will allow for detached housing
and onsite landscaping. Over time this will ensure the bush garden qualities of the area
are maintained.
Potential environmental impacts associated with tree removal have been assessed, with
DELWP offering no objection. Offset plantings will ensure that no net loss to the
bioregions biodiversity occurs. This will comply with the objectives of Clause 12.01.
Revegetation within the new road reserve will contribute to faunal habitats and the
character of the area in the long term.
PAGE 36
The applicant has also addressed potential bushfire risks through submission of a
Bushfire Management Statement and Bushfire Management Plan. These documents
explain the bushfire risk to the site and surrounds and nominates measures to mitigate
this risk (defendable space around dwellings, minimum BAL ratings for construction of
new dwellings, emergency vehicle access and firefighting water supply arrangements).
This plan demonstrates how the regulations for residential subdivision in bushfire prone
areas are complied with (Clause 52.47-2.4 Planning for bushfire Subdivision
objectives) and how the bushfire objectives of 13.05 are met.
Overall the development is found to be compliant with relevant state, local and MSS
policies.
Compliance with ResCode (Clause 56)
The General Residential Zone stipulates that all applications to subdivide land must
comply with all objectives of ResCode.
The application has been assessed against all the relevant objectives and standards of
Clause 56 and is deemed to comply, as outlined below:
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 28 new dwellings in a location that is well placed to take
advantage of a range of existing services, community facilities and public transport.
Clause 56.03-4 Built environment
The subdivision will provide for an appropriate residential character which is consistent
with that of the surrounding area. In addition, the subdivision layout will provide a safe
and functional urban environment.
Clause 56.04-1 Lot diversity and distribution
The proposal provides for a residential density of approximately 11 dwellings per hectare
which is congruent with the area. The subdivision will provide a range of lot sizes, with
some potential for medium density development on the larger lots.
Clause 56.04-2 Lot area and building envelopes
Each lot will be of sufficient size and shape to provide for the appropriate siting and
construction of a dwelling, private open space, stormwater systems, vehicle access and
parking. Building envelopes are not required due to the standard sizes and shapes of lots
within the subdivision.
Clause 56.04-3 Solar orientation of lots
The sizes, orientations and dimensions of the lots will adequately provide for sufficient
solar access to new houses.
PAGE 37
Clause 56.04-2 Street orientation

All lots will front streets which will enable visibility and passive 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 two new streets. 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. There is
sufficient open space in the surrounding area to cater for the future needs of residents,
particularly the Spring Gully Recreation Reserve. As such, it is recommended that
Council require the developer to make a financial contribution of 5% of value of the land
as a condition of permit, in accordance with the provisions of the Subdivision Act.
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 vehicles, including service and
emergency vehicles. The development will also provide a link between Joachim Lane
and Francliff Avenue which will allow vehicle circulation amongst the surrounding street
network.
Clause 56.06-5 Walking and cycling network detail
New footpaths within the subdivision will link to the existing street network in Francliff
Avenue and Mandurang Road.
Clause 56.06-6 Public transport network
The subdivision does not require alterations to the public transport network as there are
already bus stops located nearby Francliff Avenue and Mandurang Road 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. The Citys Engineers have consented to the proposed street layout and
dimensions.
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.
PAGE 38
Clause 56.07-1 Drinking water supply

The site will 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 will be serviced with reticulated sewerage by Coliban Water.
Clause 56.07-4 Urban run-off management
The Citys Engineers have assessed the proposal and do not object to the development.
Detailed drainage plans will be required via condition.
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 Coliban
Water and 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.
Neighbourhood character
The State and Local Planning Policy Framework, as well as the MSS and the purpose of
the General Residential Zone encourage development that is respectful of
neighbourhood character. This is also a requirement of ResCode.
The subject land is located within Precinct 2 of the Spring Gully Residential Character
Policy. The statement of desired future character for this precinct is: "Integration with
adjoining bush landscape character will be strengthened."
In response to the sites context, the subdivision been designed to have lot sizes ranging
from 502m to 843m with an average lot size of 669m. Lot shapes are mostly regular in
shape.
PAGE 39
The general layout and size of lots will be similar to the existing pattern of development
in the area, as will be the density of dwellings. Lots of this size will easily accommodate a
single, family-sized home in a garden setting. This will ensure the design objectives of
Clause 22.23 are met with regards to spacing between dwellings, front setback
consistency and opportunity for planting of indigenous species around dwellings.
The provision of a curving road through the subdivision with appropriately selected native
trees planted in the road reserve will also add to the bush garden character of the area
once established.
The biggest impact on the character of the area will be the removal of existing trees. This
is an unfortunate but necessary outcome of developing the land for residential purposes.
As mentioned above, this site is one of the last remaining large parcels of vacant land in
the area, with all adjoining land already subdivided and developed with houses.
Development of this site is a natural progression for the land, which should be expected
given its zoning and surrounds.
It should be noted that background views from the surrounding street network to
vegetation will still exist due to the sites close proximity to One Tree Hill. Once fully
developed and landscaped, the proposed subdivision will also provide for vegetated
background views. A number of street trees will also be retained at both street frontages
which will help maintain the vegetated character of the existing streetscapes.
Traffic impacts
A major concern held by objectors is the potential for adverse impacts on the existing
road network as a result of increased traffic arising from the subdivision.
A subdivision of this size would expect to generate approximately 8-10 vehicle
movements per day per lot. This would equate to approximately 224 280 extra vehicle
movements per day.
A positive aspect of the proposal is the dual road accessways (to Francliff Avenue and
Joachim Lane) which will effectively allow vehicle movements to be shared between both
roads. This will reduce amenity and traffic impacts on existing residents in the area.
The Citys Traffic Engineers have assessed the proposal and have not raised any
concerns regarding traffic safety, functionality or capacity.
The Citys Engineers have advised that the design and dimensions of Joachim Lane and
Francliff Avenue can easily accommodate this relatively minor increase in vehicle
movements. Further to this, all new roadways in the subdivision will be designed in
accordance with the City of Greater Bendigo's Infrastructure Design Manual.
PAGE 40
Removal of native vegetation

The application proposes to remove all vegetation on site and some of the vegetation
within the Francliff Avenue road reserve to accommodate the new road and driveways.
This equates to a total of 1.182 ha.
DELWP mapping indicates this vegetation falls within a moderate pathway
classification under Clause 52.17.
Due to the extent of vegetation to be removed and its proximity to the Greater Bendigo
National Park, the applicant has engaged a qualified flora and fauna consultant to carry
out a field survey and to assess the conservation significance of the habitat and the
potential impacts the development would have on ecological values.
This report advises that there were no threatened flora or fauna species present on the
site. DELWP has also confirmed that the Department has no records of the presence of
threatened species on the site.
The report recommends that securing of offsets, providing a minimum strategic
biodiversity of 0.232 within the north central catchment area, will provide for a net gain in
biodiversity values for the local bioregion. This will mitigate the negative impacts caused
by clearing the subject land and will meet the objectives of Clause 12.01 and 52.17.
DELWP, acting as the determining authority for tree removal of this extent, has
considered the proposal and have consented to the clearing, subject to offset conditions.
It is recognised that some objectors are particularly concerned about potential adverse
impacts on the habitats of rare and endangered species in the area. It should be
highlighted that the developer is bound by Victorian State legislation (Flora and Fauna
Guarantee Act 1988) to protect threatened species (where applicable). These regulations
operate separately to the planning regulations and are the appropriate mechanism to
ensure the protection of rare and endangered flora and fauna. DELWP have included a
permit note in their conditions to remind the owner of this responsibility.
It is also recognised that the nearby National Park will continue to provide protected
habitat areas for local flora and fauna species.
Potential impacts on groundwater resources
The site is protected by Environmental Significance Overlay Schedule 2 Groundwater
recharge protection area. A permit is required under ESO2 for subdivision and for the
removal of vegetation.
The applicant has submitted a report which has been prepared by a qualified geologist in
order to demonstrate how the proposed subdivision and vegetation removal will not
result in water table and dry land salinity issues. This report concludes that:
"The undertaking of the subdivision at Francliff Avenue will not be affected by the local
geology which will be robust in respect to the works to be undertaken.
PAGE 41
Potential recharge will be extremely low and following works, will be controlled by the
sealing of the access and roofing / yards etc. directing drainage appropriately.
It is not expected that works will have any effect on the standing water table."
This report and all other documentation was referred to Goulburn-Murray Water as the
responsible authority for groundwater resources. GMW have consented to the proposal,
subject to conditions for onsite management of works and connections to reticulated
sewerage.
On the evidence provided in the geology report and the expert advice of GMW, the
proposal is found to be satisfactory with regard to potential groundwater impacts.
Conclusion
The application seeks approval for the clearing of vegetation and subdivision of land
within an established residential area of Spring Gully. Infill development of this nature is
supported by State and local housing policies.
The subdivision has been designed to respond to the features of the site and the context
of the surrounds, including the established pattern of development in the area.
Offsets for native vegetation will ensure there is no net loss to the biodiversity values of
area. DELWP have conditionally consented to the proposed extent of native vegetation
removal.
Goulburn-Murray Water have advised that potential for groundwater recharge will be
appropriately managed by connecting all buildings and works to reticulated storm water
and sewerage systems.
Vehicle access to and from the site will be provided via a new road between Francliff
Avenue and Joachim Lane. The access arrangements and the capability of the existing
street network to accommodate the increased vehicle movements have been vetted by
the City of Greater Bendigos Traffic Engineers.
Overall it is considered the proposal complies with the requirements of the Greater
Bendigo Planning Scheme.
Options
Attachments
Objections
PAGE 42
Notice of Decision 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.
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.
LANDSCAPE PLAN
Before a statement of compliance is issued for the subdivision a landscape
plan be submitted to the satisfaction of the responsible authority. When
approved, the plan will be endorsed and then form part of the permit. The plan
must show:
(a) Street tree planting to the satisfaction of the Responsible Authority.
8.
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.
9.
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.
PAGE 43
10.
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
Direction of stormwater run-off;
A point of discharge for each lot;
Independent drainage for each lot;
Easements as required.
11.
CONSTRUCTION OF WORKS
Road works, drainage and other civil works must be constructed in
accordance the Infrastructure Design manual and with plans and
specifications approved by the Responsible Authority and must include for the
site:
Joachim Lane
(a) Paved footpath;
(b) Underground drainage;
(c) Appropriate intersection and traffication measures;
(d) Appropriate street lighting and signage.
Francliff Avenue
(a) Underground drainage;
(b) Underground conduits for water, gas, electricity and telephone.
Internal Roads
(a) Fully sealed pavement and kerb and channel;
(b) Paved footpath;
(c) Underground drainage;
(d) Underground conduits for water, gas, and telephone;
(e) Appropriate street lighting and signage.
12.
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.
13.
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.
PAGE 44
(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 and the Environment Protection
Agency.
14.
COLIBAN WATER
(a) The owner is required to provide reticulated water and sewerage services
to each of the lots within the subdivision, and comply with any
requirements arising from any effect of the proposed development on
Coliban Water assets. Services are to be provided in accordance with
Coliban Waters specifications.
(b) All Coliban Water assets within the subdivision, both existing and
proposed, are to be protected by Registered Easement in favour of
Coliban Region Water Corporation.
15.
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.
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. You shall arrange compliance
through a Registered Electrical Contractor.
Any buildings must comply with the clearances required by the
Electricity Safety (Installations) Regulations.
Any construction work must comply with Energy Safe Victorias No Go
Zone rules.
Set aside on the plan of subdivision for the use of Powercor Australia
Ltd reserves and/or easements satisfactory to Powercor Australia Ltd
where any electric substation (other than a pole mounted type) is
required to service the subdivision.
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.
PAGE 45
16.
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.
DEPARTMENT OF ENVIRONMENT, LAND, WATER AND PLANNING

Native vegetation offsets
(a) In order to offset the removal of 1.182 hectares of native vegetation
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 0.206 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 0.232.
Offset evidence
(b) 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:
A credit register extract from the Native Vegetation Credit Register; or
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.
17.
GOULBURN-MURRAY WATER
(a) All works within the subdivision must be done in accordance with EPA
Publication 960 Doing It Right on Subdivisions, Temporary Environmental
Protection Measures for Subdivision Construction Sites, September
2004.
(b) Each lot must be provided with connection to the reticulated sewerage
system in accordance with the requirements of Coliban Water.
(c) All stormwater discharged from the site must meet the urban run-off
objectives and Standard C25 as specified in Clause 56.07-4 of the
Victorian Planning Provisions. All infrastructure and works to manage
stormwater must be in accordance with the requirements of the
Responsible Authority.
PAGE 46
18.
CFA
(a) Subdivision plan not to be altered
The subdivision as shown on the endorsed plans must not be altered
without the consent of CFA.
(b) Hydrants
Operable hydrants, above or below ground must be provided to the
satisfaction of CFA.
The maximum distance between these hydrants and the rear of all lots
must be 120m and hydrants must be no more than 200m apart.
Hydrants must be identified as specified in Identification of Street
Hydrants for Firefighting purposes available under publications on the
Country Fire Authority web site (www.cfa.vic.gov.au).
(c) Roads
Roads must be constructed to a standard so that there are accessible
in all weather conditions and capable of accommodating a vehicle of 15
tonnes for the trafficable road width.
Suitable provision for turning of emergency vehicles must be provided
in dead end roads. The court bowl must provide a minimum turning
circle radius of 8m.
The average grade must be no more than 1 in 7 (14.4%) (8.1 degrees)
with a maximum of no more than 1 in 5 (20%) (11.3 degrees) for no
more than 50 meters. Dips must have no more than a 1 in 8 (12%) (7.1
degree) entry and exit angle.
19.
TELECOMMUNICATIONS
The owner of the land must enter into an agreement with:
(a) 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.
(b) 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.
(c) 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:
(d) 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.
(e) 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.
PAGE 47
20.
AUSNET SERVICES (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.
EXPIRY OF THE PERMIT

(a) The plan of subdivision is not certified within two years from the date of
this permit; or
(b) The subdivision is not completed within five years from the date of
certification of the plan of subdivision.
The responsible authority may extend the time for certification of the plan if a
request is made in writing before the permit expires or within six months
afterwards.
DELWP Notes
Works or other activities on public land, which may impact on protected plants,
will require a Protected Flora Licence or Permit under the Flora and Fauna
Guarantee Act 1988 (FFG). All native vegetation likely to be impacted should be
checked against the Protected Flora List (DEPI 2014) to determine whether FFG
approvals are required. Protected Flora Permits can be obtained from the
departments regional office.
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.
Consent for Work within Road Reserves Note
The applicant must comply with;
The Road Management Act 2004,
Road Management (Works and Infrastructure) Regulations 2005 and
Road Management (General) Regulations 2005
With respect to any requirements to notify the Coordinating Authority and/or seek
consent from the Coordinating Authority to undertake works (as defined in the Act) in,
over or under the road reserve. The Responsible Authority in the inclusion of this
condition on this planning permit is not deemed to have been notified of, or to have given
consent to undertake any works within the road reserve as proposed in this permit.
PAGE 48
2.4
4 WHITTINGTON COURT AND 198 NORTH HARLEY STREET,

STRATHDALE - RE-SUBDIVISION OF THE LAND INTO 4 LOTS
Author
Stephen Wainwright, Coordinator Planning
Responsible
Director
Summary/Purpose
The re-subdivision of the land into 4 lots; the variation/removal

of drainage easement E-1 on Plan of Subdivision 442616S;
and the removal of covenant AB059693D.
Application No:
DS/177/2016
Applicant:
Paul DeAraugo
Land:
4 Whittington Court and 198 North Harley Street, Strathdale
Zoning:
Overlays:
Nil
No. of objections:
Consultation
meeting:
20 October 2016
Key considerations:
This application concerns a proposal to create three residential

lots at the end of a short local street (Whittington Court),
together with a large, balance lot containing an existing
dwelling with separate access via North Harley Street. The
subject land is burdened, in part, by a restrictive covenant. The
key issues raised by the subdivision are:
traffic and car parking in Whittington Court;
the restrictive covenant;
site slope;
compliance with clause 56 (residential subdivision).
Conclusion:
The proposed subdivision is an appropriate response to the

opportunities and constraints of the subject land. According to
traffic engineering advice, Whittington Court has the capacity
to cater for the proposed subdivision. It is recommended that a
permit be granted.
PAGE 49
RECOMMENDATION
City Council resolve to issue a Notice of Decision to Grant a Permit for the land at 4
Whittington Court and 198 North Harley Street Strathdale to allow: the re-subdivision of
the land into 4 lots; the variation/removal of drainage easement E-1 on Plan of
Subdivision 442616S; and the removal of covenant AB059693D, subject to the
conditions at the end of this report.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Planning for Growth
housing choices.
Productivity
Sustainability
Report
The subject land is located near the corner of North Harley Street and McIvor Road, in
the suburb of Strathdale. It consists of two land parcels with a combined area of 8,604m2
and has road abuttals to North Harley Street and Whittington Court.
Occupying the subject land is a large dwelling, together with outbuildings, a pool and a
tennis court. There are garden plantings throughout the property, as well as some
scattered remnant native trees. A 2m wide drainage easement covers a small part of the
site (shown as easement E-1 on PS 442616S).
The subject land forms part of an established residential neighbourhood. Several
different residences adjoin the site, including properties that address North Harley Street,
Whittington Court and McIvor Road. McIvor Road is a main road under the control of
VicRoads.
PAGE 50
Figure 1: A location map showing the site. The objectors properties are marked with a star.
Proposal
On the subject land there is a large vacant area on the south side of the dwelling and it is
proposed to subdivide this area into three additional house lots. These lots will be around
500m2 each and will be accessed via a common property driveway off Whittington Court.
The existing dwelling will be retained on a large balance lot of 6,891m2. All the lots will be
supplied with reticulated services consistent with the rest of the neighbourhood.
The existing drainage easement on the site will be reconfigured to suit the subdivision
layout. In addition, the subject land is currently burdened by a restrictive covenant
(Covenant AB59693D) and the application seeks to remove this covenant in its entirety.
The covenant restricts the type of residential development that is allowed to occur on the
subject land.
PAGE 51
Figure 2: The proposed plan of subdivision (extract)

The subject land is zoned General Residential under the Planning Scheme. No overlays
affect the land. With respect to the proposal, a permit is required to:
Subdivide the land, pursuant to clause 32.08-2

Vary or remove the existing drainage easement, pursuant to clause 52.02
Remove the covenant that burdens the land, pursuant to clause 52.02.
The following is a list of the Planning Scheme provisions that are relevant to the
proposal:
State planning policy framework
Clause 10.02 Goal (objectives of planning in Victoria)
Clause 10.04 Integrated decision making
Clause 11.05 Regional development
Clause 11.02 Loddon Mallee South regional growth
Clause 15.01 Urban environment
Clause 16.01 Residential development
Clause 19.03 Development infrastructure
Local planning policy framework
Clause 22 Municipal strategic statement
Clause 22.24 Strathdale/Kennington residential character policy (Precinct SK8)
Other provisions
Clause 32.08 General residential zone
Clause 52.02 Easements, restrictions and reserves
Clause 56 Residential subdivision
PAGE 52
Clause 65 Decision guidelines

Clause 66 Referral and notice provisions.
Referrals
The following authorities and internal departments have been consulted on the proposal:
Referral
Comment
Powercor
Coliban Water
AusNet Services
Traffic & Design (internal)
Drainage (internal)
Public Notification
Notice of the application was given under section 52 of the Planning and Environment
Act to the owners and occupiers of properties adjoining the subject land and to other
persons. This was done by placing a sign on the subject land and by sending notices by
post. A total of seven objections were received. The grounds of objection focus on the
following issues:
Traffic impacts on Whittington Court;

The restrictive covenant;
Amenity impacts from the future dwellings.
These issues are discussed later in this report.

Planning Assessment
Traffic impacts
The three vacant lots created by the subdivision will be accessed via Whittington Court.
The traffic impacts associated with this arrangement is a key issue relevant to the
application.
The application was accompanied by a traffic report prepared by Trafficworks Pty Ltd.
The Trafficworks report contains this description of Whittington Court:
"Currently Whittington Court provides access to ten residential properties
Whittington Court currently provides primary access to seven dwellings and one
vacant lot and secondary access to two lots.
PAGE 53
Whittington Court generally has a 5.0m wide pavement with a narrower, 4.7m wide,
pavement at its access to McIvor Road at its south end and a hammerhead U-turn
facility at its north end. The courts road reserve width is of varying widths which are
at least 14m except on its approach to 4 Whittington Court and 198 Harley Street
where it has a narrow point of 7m width.
Whilst on-street parking on the courts pavement is not appropriate there is currently
space on nature strips / verges for up to seven cars to park without obstructing
traffic flows in the court, these spaces are along the east side of the court and along
the northern frontage of 3 Whittington Court.
It is estimated that traffic speeds within Whittington Court would rarely, if ever,
exceed 30 to 40 km/h
The existing conditions in Whittington Court give the appearance of a wellmaintained private street that might be managed by a body corporate rather than
managed by a municipality."
There are two relevant standards for urban roads in Bendigo, namely the Infrastructure
Design Manual and Table C1 in Clause 56.02 of the Planning Scheme. Both standards
designate Whittington Court as an access place which calls for a road pavement width
of 6.0m and 5.5m respectively. Whittington Court is only 5.0m wide. This shortfall in
width can be accounted for by the fact that, when Whittington Court was constructed, a
5.0m pavement width met the applicable (VicCode) standard. While Whittington Court is
therefore between 0.5m and 1.0m narrower than contemporary standards, the street has
still been appropriately designed to cater for low volume residential traffic.
The Trafficworks report estimates that, as a result of the subdivision and upon
construction of one dwelling on each of the three lots, there will be an increase in the
daily and peak hour traffic flows at the southern end of Whittington Court from 72
vehicles per day (vpd) to 81vpd and from 7 vehicles per hour (vph) to 8vph respectively.
This increase is described as being very low and insignificant.
The Trafficworks traffic generation rates have been derived from the New South Wales
RTA Guide to Traffic Engineering Developments, which is a document commonly used
by traffic engineers. The RTA Guide specifies a typical trip generation for a medium
density residential development (of 3 or more bedrooms) as 5.0vpd - 6.5vpd. The traffic
generation level for a conventional dwelling is 9.0vpd according to the RTA Guide. The
Traffic works report relies on the 6vpd rate based on the fact that Lots 2, 3 and 4 will be
medium density house lots (around 500m2 each). While the 6vpd rate is lower than the
10vpd rate set out in the Citys Infrastructure Design Manual (IDM), it has been used in
this instance because the IDM rate is designed for strategic estimates of traffic
generation where site development details are unknown.
The objectors have disputed the Trafficworks findings but have done so without the
benefit of any professional traffic analysis. The objectors submissions highlight the
narrowness of Whittington Court and the constraints that this imposes on vehicle
movement, especially access by emergency vehicles and rubbish collection. The
objectors have also submitted that there are existing traffic safety issues at the
Whittington Court / McIvor Road intersection due to its proximity to a U-turn lane, poor
sight-lines and speed limit changes.
PAGE 54
The Citys traffic engineer has reviewed the application, including the Trafficworks report,
and has found that the traffic impact associated with the subdivision will be satisfactory.
In the absence of any contradictory traffic report, the Trafficworks analysis and the
opinion of the Citys traffic engineer ought to be relied upon. Thus it can be concluded
that the subdivision will have a minimal traffic impact on Whittington Court and that the
existing design and layout of the street are adequate to cater for the anticipated, modest
increase in traffic. And while the characteristics of the Whittington Court / McIvor Road
intersection currently require drivers to use the intersection with care, there is no
evidence that the intersection poses an unacceptable safety risk.
Figure 3: View west along McIvor Road showing the Whittington Court intersection (source:
Google Streetview)
Car parking
The objectors have submitted that on-street car parking in Whittington Court is
constrained, especially on rubbish collection days when bins are placed on the nature
strip. According to the objectors, the court can become congested if vehicles are parked
too close to one another.
The Citys traffic engineer has simply noted that there is limited on-street parking in
Whittington Court. The Trafficworks reports states that there is space on the nature
strips for up to seven cars. This latter statement by Trafficworks appears to be incorrect
because, in fact, it is not lawful to park a car on a nature strip (see the Victorian Road
Safety Road Rules). It is, however, possible to park a vehicle on the road pavement
within Whittington Court provided there is at least 3m of clear road left for other traffic.
This requirement can generally be met along the length of Whittington Court except at
the hammerhead end and near the Whittington Court / McIvor Road intersection.
PAGE 55
Car parking for future residents of the subdivision will need to be provided on-site,
typically in the form of a garage. But Whittington Court may need to be relied upon for
visitor car parking. Such demand for visitor parking is likely to be modest. As a point of
reference, the Planning Scheme requires visitor parking for dwellings at the rate of one
visitor space for every five dwellings.
On inspecting Whittington Court it is evident that space exists for on-street car parking
notwithstanding that little more than 3m of clear road remains once a car is parked on the
road pavement. Some of this car parking may indeed be compromised on bin collection
days but this is a temporary inconvenience rather than a significant constraint. There
have been no submissions suggesting that on-street car parking is in high demand in
Whittington Court and on-site inspections (during working hours) showed all car parking
was available. In this context it is considered that the car parking demand generated by
the subdivision will not adversely impact on Whittington Court.
The restrictive covenant
As already stated, the subject land comprises two parcels known as Lot 11 and Lot 15.
The permit applicant owns both these lots. Lot 11 is burdened by a restrictive covenant
which, amongst other things, prevents anything other than a single private dwelling from
being constructed on that lot. Lot 15 is the sole beneficiary of the covenant.
Consequently, the permit applicant, as the owner of Lot 15, is the only person with a
direct interest in the covenant and the right to enforce the covenant under common law.
The permit applicant is seeking to remove the covenant as part of the application.
Several of the objectors have referred to the fact the subdivision will contravene the
covenant and it can be implied that they do not want the covenant to be removed.
Given that the only beneficiary of the covenant consents to its removal there are no
grounds to refuse this aspect of the application. The views of the objectors are irrelevant
in this case because they are not beneficiaries of the covenant. This point was made by
the Tribunal in Marras v Stonnington CC [2004] where it stated:
"Consideration is confined to the question of whether there will be any detriment
suffered by the beneficiaries of the covenant by the removal of the benefit afforded
by the covenant. There is no requirement to consider what detriment if any
would be suffered by persons who are not beneficiaries of the covenant, such
matters being more appropriately considered, if and when there is an application for
development on the land, at that particular time."
Slope
Lots 2, 3 and 4 will be created at the south east corner of the subject land where the site
slopes in a roughly uniform manner towards the south. The slope is approximately 1:7 in
this location which is considered to be a gentle slope. One of the objectors who lives
adjacent to the subject land has submitted that, as a result of the site slope, future
dwellings on Lots 2, 3 and 4 will have amenity impacts on the objectors property.
PAGE 56
It is considered that the site slope is not sufficiently steep to be a significant physical
constraint upon future dwelling construction. Any future dwellings on Lots 2, 3 and 4 will
need to be designed to meet Rescode building requirements, which will control matters
such as building height and overlooking. Furthermore, drainage and sewer infrastructure
will be installed within the rear 3m of Lots 2, 3 and 4 and, consequently, any future
dwelling will be setback at least 3m from the southern property boundary.
Figure 4: Contour map (the boundaries of the subject land are shown in red)
Clause 56 Residential Subdivision

The following is an assessment of the application against the Residential Subdivision
provisions in clause 56 of the Planning Scheme.
Neighbourhood character
The subject land is located adjacent to (but not within) two neighbourhood character
precincts: Strathdale / Kennington Precincts SK6 and SK8. For the purpose of this
assessment it appropriate to have regard to the objectives of Precinct SK8, in particular,
since proposed Lots 2, 3 and 4 will have some visual relationship with this precinct.
Precinct SK8 is described as follows:
This precinct, developed mostly from the 1960s to the 1980s, is one in which the
horizontal emphasis of dwelling form is important, resulting from the long, low
elevations of the buildings in relation to their height. Brick and tile is the predominant
building material. Most have similar, modest front and side setbacks, creating a more
intimate street feel, combined with an absence of front fencing in most instances.
The statement of desired future character for Precinct SK8 is:
The horizontality of the dwellings, the consistent use of materials and the flow of
landscape up to the face of the dwellings, will be maintained.
PAGE 57
The proposed subdivision will not be out of character with the precinct largely because
Lots 2, 3 and 4 will be concealed from most locations in Whittington Court and
elsewhere. The subject land occupies a discrete space at the end of Whittington Court
where there is limited scope for new built form to impact on the streetscape. The
generous size of Lots 2, 3 and 4 together with their frontage widths will encourage any
future dwelling on these lots to adopt horizontal proportions, which is a desired outcome
for Precinct SK8.
Figure 5: Extract from the Strathdale / Kennington Precinct SK8 map
Lot diversity and distribution

The subject land is located within an established residential neighbourhood that has
been developed at a conventional suburban density. The proposed subdivision will add
to the mix of lot sizes in the area and will broadly contribute to the urban consolidation
objectives stated in the Planning Scheme.
Lot area and building envelopes
Lots 2, 3 and 4 will each be approximately 500m2 in area. There are no significant site
features that will constrain the future development of each lot for the purpose of a single
dwelling, including room for a backyard and garden plantings.
Solar orientation to lots
Lots 2, 3 and 4 will have a roughly north-south orientation which will provide
opportunities for future dwellings to obtain good solar access.
Street orientation
Lots 2, 3 and 4 will contribute to the passive surveillance of Whittington Court.
Common area
The common property driveway that will service Lots 2, 3 and 4 will have an all-weather
surface and will be capable of being properly managed by an Owners Corporation.
PAGE 58
Integrated urban landscape

Not applicable. There will be no new streets or public open space within the subdivision.
Walking and cycling network
Pedestrian access to Lots 2, 3 and 4 will be via Whittington Court where there is no
footpath. The lack of a footpath is acceptable given that Whittington Court is a minor
street where traffic and pedestrians can share the road pavement. The subdivision will
not have a detrimental impact on this shared environment.
Neighbourhood street network
Not applicable. There will be no new streets within the subdivision.
Walking and cycling network detail
Not applicable. See above.
Neighbourhood street network detail
Not applicable. See above.
Lot access
The subdivision will provide for safe access between Lots 2, 3 and 4 and Whittington
Court via a 5.5m wide common property driveway. Lot 1 will utilise the existing driveway
off North Harley Street.
Drinking water supply
Reticulated drinking water will be supplied to the lots in the subdivision in accordance
with the conditions contained in Coliban Waters referral response.
Reused and recycled water
A reused or recycled water supply system is not available in the area.
Waste water management
The lots in the subdivision will be connected to a reticulated waste water system in
accordance with the conditions contained in Coliban Waters referral response.
Urban run-off management
The Citys development engineer reviewed the application and was satisfied that
stormwater run-off associated with the subdivision will be properly managed. Drainage
for Lots 2, 3 and 4 will be directed towards the Whittington Court / McIvor Road
intersection via existing underground infrastructure.
Site management
The subdivision will not involve significant works. A Construction Management Plan is
not necessary in this instance.
Shared trenching
Shared trenching will be used for the installation of reticulated services where it is
practical to do so.
PAGE 59
Electricity, telecommunications and gas

Electricity, telecommunications and gas services will be provided for the lots in the
subdivision. The supply systems for these services will be designed in accordance with
the requirements of the relevant public utility.
Fire hydrants
A fire hydrant is located in Whittington Court. It will be suitable to service the subdivision.
Public lighting
There is an existing street light at the end of Whittington Court that will provide adequate
lighting for the subdivision.
Conclusion
The proposed subdivision will give effect to the policies in the Planning Scheme that
promote urban containment and sustainable urban form. The opportunities and
constraints of the site have been properly considered in accordance with the residential
subdivision objectives in clause 56. The subdivision will be in keeping with the
neighbourhood character and will not cause unreasonable traffic and parking impacts.
The lots in the subdivision will be fully serviced. Balancing all the relevant matters in the
Planning Scheme it is concluded that a permit should be granted.
Options
Attachments
Objections
Notice of Decision Conditions

Plans must not be altered
1.
The development as shown on the endorsed plans must not be altered without
the written consent of the Responsible Authority.
Public open space contribution

2.
Before a statement of compliance is issued for the subdivision under the

Subdivision Act, a public open space contribution must be paid to the
Responsible Authority equivalent to 5% of the site value of all the land in the
subdivision.
Driveway construction
3.
Before a statement of compliance is issued for the subdivision under the

Subdivision Act the common property driveway shown on the endorsed plans
must be constructed, properly formed, drained and surfaced with an all-weather
PAGE 60
seal coat to the satisfaction of the Responsible Authority.

Detailed drainage
Before a plan is certified under the Subdivision Act for the subdivision, detailed
drainage plans to the satisfaction of the Responsible Authority must be
submitted to and approved by the Responsible Authority. When approved, the
plans will be endorsed and then will form part of the permit. The plans must
include:
(a) direction of stormwater runoff
(b) a point of discharge for each lot
(c) independent drainage for each lot
(d) stormwater detention (allowable discharge: Q10 = 9.5 l/s)
(e) stormwater quality.
Drainage easements
4.
5.
The subdivision must provide easements for drainage within and through the
subject land for external outfall drainage to a point of lawful discharge to the
satisfaction of the Responsible Authority.
Construction of works
6.
Road works, drainage and other civil works must be constructed in accordance
with the Infrastructure Design Manual and plans and specifications approved by
the Responsible Authority and must include drainage.
Section 173 agreement

7.
If a stormwater detention system or a water quality treatment system is required

to be installed on the site, the owner must enter into an agreement with the
Responsible Authority under Section 173 of the Planning and Environment Act
1987 before a statement of compliance is issued. The agreement must provide
for the following:
(a) the stormwater detention system and/or water quality system must be
completed before being connected to Council's drainage system
(b) the land owner must maintain the stormwater detention system and/or water
quality system and must not modify the system(s) without the written
approval of the Responsible Authority
(c) the land owner must allow authorised Council officers to inspect the
stormwater detention system and/or water quality system on the site at any
time
(d) the land owner must pay all costs associated with the construction and
maintenance of the stormwater detention system and/or water quality
system on the site.
Coliban Water conditions
8.
The owner is required to provide reticulated water and sewerage services to

each of the lots within the subdivision, and comply with any requirement arising
from any effect of the proposed development on Coliban Water assets. Services
are to be provided in accordance with Coliban Waters specifications.
9.
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.
PAGE 61
Powercor conditions
10.
The plan of subdivision submitted for certification under the Subdivision Act
must be referred to Powercor Australia Ltd in accordance with Section 8 of that
Act.
11.
The applicant must 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.
12.
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 and provide to Powercor Australia Ltd a completed
Electrical Safety Certificate in accordance with Electricity Safe Victorias
Electrical Safety System.
13.
The applicant must 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.
14.
Any buildings must comply with the clearances required by the Electricity
Safety (Installations) Regulations.
15.
Any construction work must comply with Energy Safe Victorias No Go Zone
rules.
AusNet Services (Gas) condition

16. The plan of subdivision submitted for certification must be referred to SP
AusNet (Gas) in accordance with Section 8 of the Subdivision Act.
Telecommunications
17. The owner of the land must enter into an agreement with:
(a) a telecommunications network or service provider for the provision of
telecommunication services to each lot shown on the endorsed plan in
time
(b) 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.
18. 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) a telecommunications network or service provider that all lots are connected
to or are ready for connection to telecommunications services in
time
(b) a suitably qualified person that fibre ready telecommunication facilities have
been provided in accordance with any industry specifications or any
PAGE 62
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.
Expiry of the permit
19. This permit will expire if:
(a) a plan for the approved subdivision, easement removal and covenant
removal is not certified within 2 years from the date of this permit, or
(b) the subdivision is not completed within 5 years from the date of certification
of the plan of subdivision.
The Responsible Authority may extend the times stated in this condition, in
accordance with section 69 of the Planning and Environment Act.
PAGE 63
2.5
2 MCLAREN STREET, BENDIGO - DEMOLITION OF GARAGE AND

CONSTRUCTION OF A NEW GARAGE
Author
Simon Francis, Statutory Planner
Responsible
Director
Summary/Purpose
Demolition of garage and construction of a new garage
Application No:
DR/55/2015
Applicant:
S M Jackman
Land:
2 McLaren Street, BENDIGO
Zoning:
Overlays:
No. of submissions:
One submission against the proposal was received.
Consultation
meeting:
A consultation meeting was not conducted.
Key considerations:
Whether the proposal is consistent with the Greater

Bendigo Planning Scheme;
The proposed garages impact of the heritage place (Myers
Street precinct).
Heritage Overlay 9 (Myers Street Precinct);

Design and Development Overlay Schedule 5;
Parking Overlay Schedule 1.
RECOMMENDATION
City Council resolve to Grant a Permit for Demolition of a Garage and Construction of a
Garage at 2 McLaren Street, BENDIGO 3550 subject to the conditions contained at the
end of this report.
~~~~~~~~~~~~~~~~~~~~~~~~~
PAGE 64
Policy Context
Planning for Growth
housing choices.
Productivity
Sustainability
The application site was the subject of planning application DR/503/2012, which was
refused by Council on 27 December 2012 for the following reasons:
1. That the proposed alterations and additions to the existing dwelling are detrimental to
the heritage provision of the Greater Bendigo Planning Scheme, particularly Clause
22.06 - Heritage Policy and Clause 43.01 - Heritage Overlay.
One objection to the planning permit being granted was received at the time, with
concerns specifically relating to the garage not complying with heritage, character of the
area, amenity impacts and non-adherence to the Victorian Building Regulations.
Two separate permit applications have subsequently followed the refusal:
DR/37/2013
Alterations & additions to existing dwelling including development of a

swimming pool. Approved subject to conditions and;
DR/55/2015
Demolition of a garage and construction of a garage (this application).
Permit application DR/37/2013 was advertised via letters to adjoining land owners and
occupiers and a sign erected onsite. No objections were received and a planning permit
issued.
This application is exempt from notification requirements and therefore objectors to the
proposal are not able to appeal the decision at VCAT if a planning permit was to be
approved.
This application is being reported to Council for a decision is because Council refused
the previous permit application - DR/503/2012.
PAGE 65
Report
The site is a relatively flat, regular shaped, corner allotment with a frontage of 27 metres
to McLaren Street and 24 metres to Mundy Street, with a total area of 669 square
metres.
There is a rendered, two storey, brick Victorian-era dwelling facing McLaren Street with a
setback of approximately 5.4 metres from the McLaren Street boundary and 12.8 metres
from the Mundy Street boundary. A double garage is accessed from Mundy Street which
has a setback of 5 metres and is located behind a 1.8 metres high fence
The adjoining lots on Mundy and McLaren Streets are zoned General Residential and
used as dwellings. The land is located in Heritage Overlay Schedule 9 (Myers Street
Precinct).
Figure 1: Location map showing subject site. The objector's property is marked with a star.
Proposal
The application seeks planning approval for the following:
Demolition of a building (garage) as depicted in figures 2 and 4 and;
Construction of a building (garage) as depicted in figures 3 and 5.
PAGE 66
Figure 2: Mundy Street elevation of garage to be demolished
Figure 3: Mundy Street elevation of the proposed garage
Figure 4: North west elevation of garage to be demolished
PAGE 67
Figure 5: North West elevation of proposed garage
The materials and finishes proposed are:

The site is in the General Residential Zone and affected by a Heritage Overlay Schedule
9, Design and Development Overlay Schedule 5 and the Car Parking Overlay. The
Design and Development Overlay and Car Parking Overlay are not applicable to this
application. The demolition and construction of a garage requires planning approval as
per Clause 43.01 Heritage Overlay.
The following clauses are relevant in the consideration of this proposal:
State Planning Policy Framework
11.05 Regional planning;

11.12 Loddon Mallee South regional growth plan;
15. Built Environment and Heritage;
15.03 Heritage.
Municipal Strategic Statement
21.05 Settlement;
21.06 Housing.
PAGE 68
Local Planning Policies
22.06 Heritage Policy.
Overlay
43.01 Heritage Overlay Schedule 9 (Myers Street Precinct).

43.05 Design and Development Overlay Schedule 5;
45.09 Parking Overlay.
Other Provisions
32.08 General Residential Zone;

65
Decision Guidelines.
Referrals
The Heritage Advisor has been consulted on the proposal and commented:
"Initially recommended the overall height and width of the garage be reduced where
possible. Design suggestions were made and the applicant implemented them resulting
in a slightly reduced overall height of the garage. A further reduction in the right hand
side section of the garage faade by 800mm would achieve a simpler built form design.
This is a view shared by the assessing officer."
Public Notification
As discussed previously, the demolition and construction on an outbuilding is exempt
from notification requirements in the Heritage Overlay.
Although exempt from notice provisions, the adjoining land owner (who objected to the
original proposal), was provided with a copy of the plans and given the opportunity to
provide the City with their response to the proposal.
There are no review rights for the submitter to challenge the decision of Council if a
planning permit was to be issued.
Planning Assessment
Will the demolition and construction of a garage comply with the Heritage requirements
of the planning scheme?
The adjoining land owner believes the proposal fails to meet a number of key provisions
of the Greater Bendigo Planning Scheme including:
State planning policy framework relating to built environment and heritage;
Heritage Policy;
Heritage Overlay;
Heritage Design Guidelines.
PAGE 69
The site is within the Myers Street Heritage Precinct which is known as the Gravel Hill
Residential and Civic precinct in the Eaglehawk and Bendigo Heritage Study 1993. The
subject site is of local importance (rated C) in a level 1 streetscape (street of high
integrity to a period or type and represent historical themes active in the study area).
The subject site has no State-wide significance from a heritage perspective.
Clause 21.08 Environment and Clause 22.06 Heritage Policy set out objectives which
include the need to ensure that Greater Bendigos heritage assets are maintained and
protected and to ensure developments are sympathetic with the appearance and
character of heritage places.
The purpose of Clause 43.01 Heritage Overlay, relevant to this proposal is to ensure
that development does not adversely affect the significance of heritage places. The
decision guidelines of the clause reflect this and are considered below.
The significance of the heritage place and whether the proposal will adversely affect
the natural or cultural significance of the place.
Comment: The proposal has been designed in a manner that the Citys Heritage Advisor
is satisfied that although the proposal will have an impact on the precinct, it will not have
an adverse effect on the significance of the heritage place or nearby heritage places.
Any applicable statement of significance, heritage study and any applicable

conservation policy.
Comment: As previously stated, the subject site is of local importance in a level 1

streetscape (street of high integrity to a period or type and represent historical themes
active in the study area).
Whether the demolition, removal or external alteration will adversely affect the
significance of the heritage place.
Comment: The demolition of the existing outbuilding will not raise any concerns as the
outbuilding has no heritage significance.
Whether the location, bulk, form or appearance of the proposed building will
adversely affect the significance of the heritage place and is in keeping with adjacent
buildings.
Comment: The Citys Heritage Advisor is of the opinion that the revised plans partially
address the initial concerns raised. A further reduction of 800mm to the right hand side
front faade to match the actual profile of the building would result in an acceptable
design response in the heritage precinct.
Regarding the design detail and materials, whilst not entirely in keeping with the
character and appearance of adjacent buildings and the precinct, there are no significant
concerns with the principle of a modern outbuilding or the use of a single material being
vertically laid - Silvertop Ash shiplap boards.
PAGE 70
Conclusion
The proposal would result in the demolition of a garage that does not contribute to the
heritage significance of the area and construction of a garage that does not adversely
affect the significance of the heritage precinct.
Options
Attachments
Submission
Planning Permit Conditions

1.
MODIFIED PLAN REQUIRED

Before the use and/or development start(s), amended plans to the satisfaction of the
responsible authority must be submitted to and approved by the responsible authority.
When approved, the plans will be endorsed and will then form part of the permit. The
plans must be drawn to scale with dimensions and 2 copies must be provided. The
plans must be generally in accordance with the plans submitted with the application
but modified to show:
(a) The right hand side of the front faade to be reduced in length to match that of
the building profile (approximately 800mm).
2.
NO ALTERATION TO PLAN
The development and/or use(s) permitted by this permit as shown on the endorsed
plan(s) and/or described in the endorsed documents must not be altered or modified
(for any reason) except with the prior written consent of the responsible authority.
3.
DRAINAGE
The proposed building and works must be drained to the satisfaction of the City of
Greater Bendigo as the responsible drainage authority.
4.
EXPIRY
This permit will expire if the development permitted by this permit is not completed
within 2 years from the date hereof. The time within which the development must be
completed may be extended, on written request to the responsible authority, before or
within 6 months after the expiry of this permit where the development has not yet
started or 12 months where the development has commenced.
Note: The outbuildings approved by this permit must not be used for habitation.
PAGE 71
Presentation and Vibrancy/Productivity/Sustainability - Reports
3.
PRESENTATION AND VIBRANCY
Nil.
4.
PRODUCTIVITY
Nil.
5.
SUSTAINABILITY
Nil.
PAGE 72
Leadership and Good Governance - Reports
6.
LEADERSHIP AND GOOD GOVERNANCE
6.1
MAYORAL AND COUNCILLOR ALLOWANCES REVIEW
Author
Peter Davies, Manager Executive Services
Responsible
Officer
Kerryn Ellis, A/Chief Executive Officer
Purpose
The purpose of this report is to confirm the Mayoral and Councillors allowances following
the review process required under Section 74(1) of the Local Government Act 1989.
Summary
The Recognition and Support Package applicable for Councillors is outlined in the
Victorian Government's Policy Statement on Local Government Mayoral and Councillor
Allowances and Resources (April 2008).
RECOMMENDATION
That Council confirm the current Mayor and Councillor Allowances, with the gazetted
annual adjustment of 2.5%, following the process to seek public comment and the
submitters be thanked for their contribution.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Council demonstrates leadership in its decisions to meet future needs and challenges.
Under Section 74(1) of the Local Government Act 1989, a Council must review and
determine the level of allowance within seven (7) months of an election.
The review process and the allowance levels applicable to the Greater Bendigo City
Council as set out in the Victorian Government Policy Statement on Local Government
Mayoral and Councillor Allowances and Resources (April 2008).
The review must involve a public submission process.
PAGE 73
Previous Council Decision(s) Date(s):
18 March 2009
Report
The City of Greater Bendigo is a Category 3 Council, and the following maximum
allowances currently apply, as a transitional arrangement until a review is conducted:
Councillor
Min/Max
Mayor
Min/Max
$12,065 - $28,907
Up to $92,333
An amount the equivalent of the Superannuation Guarantee Contribution (currently

9.5%) also applies.
The Minister for Local Government has gazetted a Mayoral and Councillor Allowances
Adjustment of an increase of 2.5% that came into effect on 1 December 2016 (for a
Category 3 Council) as outlined below:
Councillor
Min/Max
Mayor
Min/Max
$12,367 - $29,630
Up to $94,641
The Superannuation Guarantee Contribution of 9.5% also applies.

The City of Greater Bendigo is recognised in the highest category for allowances, along
with the top twenty (20) Councils (and one of two in regional Victoria along with
Geelong). This is an indication of the complexity of matters considered by Council and
the high level of responsibility of Councillors.
As the maximum allowance is being provided, the review process largely provided an
opportunity for residents and others to comment if they wish.
Council is conscious of economic hardship being faced by many members of the
community. However the allowances are very small part of the municipal expenditure.
The allowances are considered to be reasonable and fair by the State Government that
sets the framework for Mayor and Councillors allowances.
Council will have an opportunity to establish its budget for 2017/2018 giving due regard
for the current economic situation.
A public notice was placed in the local newspaper on Saturday 19 November 2016,
advertising for any submissions relating to Mayoral and Councillors allowances. The
advertisement provided 28 days in which submissions could be lodged.
Two (2) submissions were received as outlined below:
PAGE 74
Mr William Collier:
"Councillors have an opportunity to guide a transition to fiscal control over
expenses and it is my suggestion that:
Council reduce by 10% any proposed rise in Councillor and Mayoral allowances
that may come from the Local Government or Municipal Association of Victoria,
seeing that the last rise was four years ago.
This rise would equate to 2.5% per year rise as is the rate cap".
Cr George Flack:
.. I wish to suggest that our current Councillors can display this initiative (costcutting initiatives) by being prepared to REDUCE their Councillors Allowances by
10% across the board ... Ratepayers are financially stressed and we must consider
zero rate rises despite a 2% rate cap being announced [on 19 December] ... and be
prepared to also set the right example of good governance, leadership and an
ability to also understand the current economic climate to our residents".
The budget was developed assuming that the maximum allowances would be paid.
Attachments
Nil.
PAGE 75
6.2
INTERNATIONAL RELATIONS
Author
Responsible
Officer
Purpose
To inform Council of the purpose of two international trips for the Mayor to travel to East
Timor and China in 2017 and of the participation of Cr James Williams in the delegation
to China.
RECOMMENDATION
That Council:
(a)
endorse the Mayor, Cr Margaret O'Rourke's international trip to Timor Leste Ainaro District, Maubisse Sub-District to enhance the relationship and evaluate
projects that with the assistance of the Greater Bendigo community, have been
completed and establish a new development agenda for the next two (2) years and;
(b)
endorse the Mayor, Cr Margaret O'Rourke's and Cr James Williams' international

trip to China, Jiangsu Province and Haimen to continue to build the collective
knowledge about engaging with China, also with an aim to secure trade
opportunities and to build greater cultural understanding.
~~~~~~~~~~~~~~~~~~~~~~~~~
Report
Timor Leste Ainaro District, Maubisse Sub-District
The Mayor recently joined a delegation of the Bendigo Maubisse Friendship Committee
in January 2017. The purpose of the delegation was to undertake meetings, discussions
and investigations to assist with planning and implementing future joint projects between
the Bendigo and Maubisse communities.
The visit formed part of the formal Municipal Partnership Agreement between the
municipalities of Greater Bendigo and Ainaro.
PAGE 76
A commitment was established early in this 10 year partnership to hold a formal

community meeting every two years in Maubisse, and has had joint facilitation with the
Mayor of the City of Greater Bendigo and the District Administrator of the Ainaro District,
of which Maubisse is a Sub-District.
As a section 86 Committee of the City of Greater Bendigo Council, the committee has
undertaken a range of projects that have contributed substantially to the capacity building
of Maubisse residents. These range from health, education, infrastructure and training,
and team members who have contributed this support, represent Bendigo volunteers
numbering in the hundreds.
The Mayor self-funded her travel expenses.
China Jiangsu Province
The Mayor will join a further delegation involving Best Exchange Group P/L, Sister Cities,
Central Victorian Agribusiness Forum, Bendigo Business Council, Committee for Echuca
Moama Inc and ANZ bank in February 2017.
Cr James Williams will also be part of the delegation to China and will be covering his
own expenses for the trip.
The purpose is to introduce Central Victorian leaders as a group, to key dignitaries, cities
and activities in China, to continue to build the collective knowledge about engaging with
China, also with an aim to secure trade opportunities and to build greater cultural
understanding.
Over the past two years particularly, many activities across varied Central Victorian
organisations have focused on progressing opportunities with China, both in-bound and
out-bound. This delegation aims to bring these interests together.
The partnered delegation will provide an opportunity for regional collaboration and to
explorer possible benefit for our region. Under a joint visitation, partners will have a
more efficient and powerful platform on which to organise and base the visit.
Recent activities include:
Bendigo Business Councils interest to grow partnerships to engage in commerce

and education opportunities for the businesses within Bendigo.
Central Victorian Agribusiness Forums recent investment and trade development

activities to educate and expose local produce, product and services to Chinese
parties here in the region.
Committee for Echuca Moamas introduction of their food processing and

manufacturing businesses to Chinese delegates and dignitaries.
Bendigo Community Sister City Committee have formed close relationships with
Haimen, a city in the Jiangsu Province, and have been integral in extending these
relationships between the regions.
PAGE 77
The Mayors travel expense to join the China delegation is supported by the City of
Greater Bendigo at a cost of approximately $3,014 and can be accommodated within the
current budget.
PAGE 78
6.3
RECORD OF ASSEMBLIES
Author
Responsible
Officer
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.
The Local Government Act provides a definition of an assembly of Councillors where
conflicts of interest must be disclosed.
A meeting will be an assembly of Councillors if it considers matters that are likely to be
the subject of a Council decision, or, the exercise of a Council delegation and the
meeting is:
1.
2.
A planned or scheduled meeting that includes at least half the Councillors (5) and a
member of Council staff; or
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 79
Report
Meeting
Name/Type
Meeting Date
Matters discussed
Councillors
Staff/
Community
Representatives
Meeting Information
Councillors' Briefing
9 November 2016
1. Ground rules for meeting
2. Conflicts of interest
3. Confidentiality at briefings
4. VCAT Directions Hearing
5. Planning matters and draft Ordinary and Special Meeting
agendas
6. Plan Bendigo briefing
7. Country Football and Netball Grant Program
8. Retirement Village, Heathcote
9. Big Dog Diner
10. Council Meeting cycle
11. Athletics Centre
Attendees/Apologies
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
Mr Craig Niemann
Mr Bernie O'Sullivan
Mr Craig Lloyd
Ms Kerryn Ellis
Mr Michael Smyth
Mr Peter Davies
Conflict of Interest disclosures

Matter Councillor/officer making disclosure
Councillor/officer left
No.
meeting
11.
Crs Flack and Metcalf
Yes
PAGE 80
Meeting
Name/Type
Meeting Date
Matters discussed
Meeting Information
23 November 2016
1. Pre-summer briefing on emergency management
2. Epsom Primary School Joint Use Agreement
3. Briefing on kerbside organics collection service
4. Review of draft Ordinary agenda
5. Community engagement
6. Councillor representatives on committees
7. Confidentiality at Councillor Briefings
8. Councillor requests
9. Planning application - Nanga Gnulle
10. Paterson's curse on private property
11. NBN infrastructure
12. Greater Bendigo news
13. Golden Square caravan park
14. Lifeline
Attendees/Apologies
Councillors
Cr Rod Fyffe
Cr Andrea Metcalf
Cr James Williams
Cr Jennifer Alden
Cr Julie Hoskin
Cr Matt Emond
Apology:
Cr George Flack
Staff/
Mr Craig Niemann
Community
Representatives
Mr Craig Lloyd
Ms Kerryn Ellis
Mr Michael Smyth
Mr Peter Davies
No.
Nil
PAGE 81
meeting
Meeting
Name/Type
Meeting Date
Matters discussed
Councillors
Staff/
Community
Representatives
Meeting Information
30 November 2016
1. Update on major projects
2. Planning and strategy matters and draft Ordinary Meeting
agenda
3. Bassett Road enforcement issues
4. Epsom Primary School
5. Briefing on Finance Committee
6. Legislative Framework and Delegations
7. Presentation by VicRoads on Napier Street upgrade
and Strathfieldsaye intersection
8. Athletics track purchase update
9. Forward agenda
10. Arbiter's report
11. Visit to China
12. CBD parking
Attendees/Apologies
Cr Rod Fyffe
Cr George Flack
Cr Andrea Metcalf
Cr James Williams
Cr Jennifer Alden
Cr Julie Hoskin
Cr Matt Emond
Apology:
Mr Craig Niemann
Mr Craig Lloyd
Ms Kerryn Ellis
Mr Michael Smyth
Mr Peter Davies

No.
meeting
8.
Cr Flack
Yes
10.
Cr Williams
Yes
PAGE 82
Meeting
Name/Type
Meeting Date
Matters discussed
Councillors
Staff/
Community
Representatives
Meeting Information
Finance Committee
7 December 2016
1. Minutes of previous meeting
2. Actions from previous meeting
3. Financial management report
4. Art Gallery / Ulumbarra Theatre
5. Home and Community Care
6. State Government planning fees
7. Arts grants
8. Organics compost
9. Tram track repairs
10. Financial ratios
11. Rate debtors
Attendees/Apologies
Cr George Flack
Cr Rod Fyffe
Cr Andrea Metcalf
Cr James Williams
Cr Jennifer Alden
Cr Julie Hoskin
Cr Matt Emond
Mr Craig Niemann
Mr Craig Lloyd
Ms Kerryn Ellis
Ms Vicky Mason
Mr Peter Davies
Mr Travis Harling

No.
meeting
Nil
PAGE 83
Meeting
Name/Type
Meeting Date
Matters discussed
Councillors
Staff/
Community
Representatives
Meeting Information
7 December 2016
1. Briefing on Public Space Plan
2. Final Ordinary Meeting agenda
3. Kerbside organics collection
4. Epsom Primary School Joint Use Agreement
5. Councillor and Community Committees
6. Presentation by the Bendigo Spirit
7. CBD car parking
8. Forward Agenda
9. Letter to rural residents
10. Flood Study
Attendees/Apologies
Cr Rod Fyffe
Cr George Flack
Cr Andrea Metcalf
Cr James Williams
Cr Jennifer Alden
Cr Julie Hoskin
Cr Matt Emond
Mr Craig Niemann
Mr Craig Lloyd
Ms Kerryn Ellis
Ms Vicky Mason
Mr Peter Davies

No.
meeting
Nil
PAGE 84
6.4
CONTRACTS AWARDED UNDER DELEGATION
Author
Lee Taig, Contract Support Administrator, Contract and Project

Coordination Unit
Responsible
Director
Kerryn Ellis, Director Corporate Performance
Purpose/Summary
The purpose of this report is to provide information on contracts recently awarded under
delegation.
RECOMMENDATION
That the contracts awarded under delegation, as outlined in this report, be acknowledged
by Council.
Policy Context
Delivery of programs, projects and services that respond to community needs.
Council Plan Reference:
City of Greater Bendigo Council Plan 2013-2017 (2016/2017 Update):
Theme: 1
Leadership and good governance
Strategic Objective: 1
Council demonstrates leadership in its decisions to meet

future needs and challenges
Strategy 1.1
good governance principles are used to guide strategic

decision-making
PAGE 85
Report
Contract No
Project
Successful Contractor
Asphalt Works on Various

Roads
Centre State Asphalting

Pty Ltd
Value
(GST Excl)
Delegated
Officer
Date Signed
Capital Contracts
CT000295
861,926.70
Craig Niemann
24
November
2016
Craig Niemann
30 November
2016
Service Contracts
CT000281
Supply & Delivery of

Reinforced Concrete
Products, Box Culvert
Sections & Optional
Precast Products
Allstone Quarries Pty Ltd

RCPA Victoria
Rocla Pipeline Products
MC Pipes
Schedule of
Rates
Current annual Council Budget for the goods/services contracted via this schedule of rates is
$1,000,000.00
CT000283
Fire Plug
Maintenance
Urban Maintenance
Systems Pty Ltd
Schedule of
Rates
Michael Smyth
/ Acting
Director
10 November
2016
$40,000.00
CT000284
Fire Prevention
Vegetation and
Hazard Removal
Groundswell Australia
Schedule of
Rates
Vicki Mason
06 December
2016
$40,000.00
CT000285
Supply & Delivery of

Horticultural Products
Simplot Australia Turf &

Horticultural Products
Oasis Pacific Pty Ltd
Amgrow Australia Pty Ltd
Elders Rural Pty Ltd
Schedule of
Rates
Craig Lloyd
08 December
2016
$100,000.00
PAGE 86
7.
URGENT BUSINESS
Nil.
8.
NOTICES OF MOTION
Nil.
9.
COUNCILLORS' REPORTS
10.
MAYOR'S REPORT
11.
CHIEF EXECUTIVE OFFICER'S REPORT
12.
CONFIDENTIAL (SECTION 89) REPORTS
Nil.
PAGE 87

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City of Greater Bendigo Council Agenda January 18, 2017

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AGENDA

Ordinary Meeting of Council

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

Transparency - Information about Council decisions is readily available and easily

Planning for Growth

Presentation and Vibrancy

Leadership and Good Governance

SUSPENSION OF STANDING ORDERS

PUBLIC QUESTION TIME

RESUMPTION OF STANDING ORDERS

DECLARATIONS OF CONFLICT OF INTEREST

PETITIONS AND JOINT LETTERS

PLANNING FOR GROWTH

Planning Scheme Amendment C224 - Commercial Land

1 Greenwood Drive, Kennington - Subdivide Land into 2

7 Francliff Avenue, Spring Gully - Subdivide Land into 28

4 Whittington Court and 198 North Harley Street,

2 McLaren Street, Bendigo - Demolition of Garage and

PRESENTATION AND VIBRANCY

LEADERSHIP AND GOOD GOVERNANCE

Mayoral and Councillor Allowances Review

Contracts Awarded Under Delegation

CHIEF EXECUTIVE OFFICER'S REPORT

CONFIDENTIAL (SECTION 89) REPORTS

Ordinary Meeting - 18 January 2017

SUSPENSION OF STANDING ORDERS

PUBLIC QUESTION TIME

Ordinary Meeting - 18 January 2017

RESUMPTION OF STANDING ORDERS

Ordinary Meeting - 18 January 2017

DECLARATIONS OF CONFLICT OF INTEREST

direct financial interest

Ordinary Meeting - 18 January 2017

Response to Petition: Request to Reopen Closed Section of Campaspe Street,

Ordinary Meeting - 18 January 2017

PETITIONS AND JOINT LETTERS

Planning for Growth - Reports

Ordinary Meeting - 18 January 2017

PLANNING FOR GROWTH

PLANNING SCHEME AMENDMENT C224 - COMMERCIAL LAND

Morgan James, Planner Amendments

Bernie O'Sullivan, Director Strategy and Growth

The Amendment proposes to introduce the Commercial

City of Greater Bendigo - Strategy

2 supporting both requesting minor changes.

Economic development and growth;

Planning for Growth - Reports

Ordinary Meeting - 18 January 2017

Planning for Growth - Reports

Ordinary Meeting - 18 January 2017

The Amendment is required to implement the recommendations of the Commercial Land

2. An updated Activity Centre Hierarchy.

Planning for Growth - Reports

Ordinary Meeting - 18 January 2017

Image: Activity Centre Hierarchy Framework Plan.

Planning for Growth - Reports

Ordinary Meeting - 18 January 2017

Previous Council Decisions

Planning for Growth - Reports

Ordinary Meeting - 18 January 2017

What the Amendment does

Planning for Growth - Reports

Ordinary Meeting - 18 January 2017

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