Ordinary Agenda 17 July 2019
Ordinary Agenda 17 July 2019
Ordinary Agenda 17 July 2019
VENUE:
Reception Room,
Bendigo Town Hall,
Hargreaves Street, Bendigo
NEXT MEETING:
Wednesday 21 August 2019
Bendigo Town Hall
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This Council Meeting is conducted in accordance with Local Law No. 8. It is an offence for any
person to engage in improper or disorderly conduct at the meeting.
Council Vision
Council Values
Six values inform everything we as Council do in working together to be the best we can
for all of our community.
Seeking to achieve the best value for our use of the community’s public funds and
resources, by:
We Lead;
We Learn;
We Contribute;
We Care;
We Respond;
We Respect.
Goals
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Ordinary Meeting - 17 July 2019
ORDINARY MEETING
ORDER OF BUSINESS:
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____________________________
BERNIE O'SULLIVAN
A/CHIEF EXECUTIVE OFFICER
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ACKNOWLEDGEMENT OF COUNTRY
PRAYER
PRESENT
APOLOGIES
LEAVE OF ABSENCE
Cr George Flack
That Standing Orders be suspended to allow Community Recognition Section and the
conduct of Public Question Time.
By the time planning matters have reached the council agenda, they have been through
an extensive process as required by the Planning and Environment Act. In addition, in
most instances mediation has been held between the parties involved. Throughout the
process there are many opportunities for the people to ask questions. Therefore, no
questions relating to planning matters on the Agenda will be accepted.
The public question time is held at the start of the meeting as close as practical to
6:00pm. A maximum of 30 minutes has been provided for registered and unregistered
questions.
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Questions will be put to the Council by the individual posing the question; the question
will be answered by the Mayor or CEO, or where appropriate, Councillors or Council
Officers.
Acceptance of Questions
Each person asking a question of Council is required to stand, state their name, and
address the Mayor. Public Question Time is not an opportunity for making of statements
or other comments. Council’s Meeting Procedure Local Law does not allow for other
questions or comments during the remainder of the meeting.
1. An individual may only ask one question per meeting, a follow-up question may be
permitted at the discretion of the Mayor.
2. In the event that the same or similar question is raised by more than one person,
an answer may be given as a combined response.
3. In the event that time does not permit all questions registered to be answered,
questions will be answered in writing or referred to the next meeting if appropriate.
4. The Mayor and or CEO have the right to decline registration on basis of:
Legal proceedings;
More appropriately addressed by other means;
Vague or lacking in substance, irrelevant, frivolous, insulting offensive,
improper, defamatory or demeaning;
Answer likely to compromise his / her position;
Confidential, commercial-in-confidence.
5. Each individual whose registration form has been accepted or declined will be
advised by the Friday of the week prior to the scheduled meeting.
6. In the event of a registration form being declined the registration form will be
circulated to the Mayor or Councillors for information.
CR WILLIAMS' REPORT
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Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 (as
amended) direct and indirect conflict of interest must be declared prior to debate
on specific items within the agenda; or in writing to the Chief Executive Officer
before the meeting. Declaration of indirect interests must also include the
classification of the interest (in circumstances where a Councillor has made a
Declaration in writing, the classification of the interest must still be declared at the
meeting), i.e.
A Councillor who has declared a conflict of interest, must leave the meeting and
remain outside the room while the matter is being considered, or any vote is taken.
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CONFIRMATION OF MINUTES
The following items were considered at the Ordinary Council meeting held on
Wednesday 19 June 2019 at 6:00pm.
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**
Proposed budget:
Forecast accumulated available funds Sub-total $36,873
2. Notes the following changes to the 2019/2020 proposed budget not affecting the overall cash surplus:
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4. Acknowledges the contribution of submitters to the budget process, and thanks them for their
contribution.
6. Notes that at the time the general valuation was supplied for the annual proposed budget in March
2019, it was comprised of preliminary valuations by the contractor, which was submitted to the Valuer-
General for review.
Final valuations have now been received and certified by the Minister. The variance between the
preliminary and final valuations were assessed and considered immaterial. As a result, no
adjustments have been made to the differential rates from the proposed budget.
8. Declares the following, in accordance with the Cultural and Recreation Lands Act 1963:
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10. Grants an early full rate payment discount of 1.5% on current year rates and charges, if full payment
(including any arrears and interest) is received on or before 1 October 2019.
11. Notes that the Annual Plan; Budget and Strategic Resource Plan be the Budget prepared for the
2019/2020 financial year for the purposes of Section 126 and 127 of the Local Government Act 1989.
12. Note that the Community Plan has been reviewed and no changes are required. Annual actions for
2019/2020 are included in the budget.
The unconfirmed minutes have also been posted on the City of Greater Bendigo website
pending confirmation at this meeting.
RECOMMENDATION
That the Minutes of the Ordinary Meeting of Council held on Wednesday 19 June 2019,
as circulated, be taken as read and confirmed.
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Document Information
Purpose
Summary
One of the highest priority needs the consultants identified through their data analysis
and community consultation processes was the growth of, plus the improved physical
and operational integration of, government agency and library services.
The buildings and public open spaces that are within scope for the Precinct are:
• Municipal Office – 125 High Street, Heathcote.
• Former Court House – 123 High Street, Heathcote.
• Hall – 1/121 High Street, Heathcote.
• Former Mechanic’s Institute – 2/121 High Street, Heathcote.
• High Street forecourt – the public open space in front of the abovementioned
buildings.
• Camp Street public open space – the public open space behind the
abovementioned buildings, including the public toilets.
The Co-operative has submitted a petition seeking that it not be required to relocate to
an alternative building within the Precinct.
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Through a Precinct site analysis and preliminary draft Precinct concept design (concept
design), architects have identified the ‘joining up’ of the Municipal Office and former
Court House buildings as being the most effective opportunity to enable growth and
integration of government agency and library services.
The Co-operative is currently the sole occupant of the former Court House. The Co-
operative’s petition seeks that it not be required to relocate as part of any Precinct
development. The concept design proposes that the Co-operative be relocated from the
former Court House into the former Mechanic’s Institute. This would in turn enable the
former Court House to be transitioned into expanded government agency service
provision space, and the Municipal Office to be transitioned into expanded Heathcote
Library service provision space.
The Co-operative’s petition demonstrates community concerns exist about the potential
impacts of any Precinct development. With Council’s endorsement, staff propose to
undertake further concept design analysis and development (in consultation with the
Heathcote community) to build confidence about how the needs of existing Precinct user
groups plus the needs of the broader Heathcote community would be responded to. This
further concept design analysis and development would seek to distinguish between
needs that could be managed through infrastructure-based responses as opposed to
change management-based responses.
RECOMMENDATION
That Council:
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Policy Context
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Goal #5 Liveable
Objective Improve accessibility
- Health and community services
- Technology and information
Objective Facilitate supportive built and natural environments
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All of the above principles have guided the Precinct concept design.
The Loddon Campaspe Councils 2019 Strategic Work Plan identifies ‘Community
Buildings and Assets Policy and Strategy: towards a sustainable model for future
management and funding’ as one of six work plan priorities.
Background Information
Consumer Affairs Victoria has confirmed that the Co-operative is a Distributing Co-
operative currently fully compliant under the Cooperative National Law 2013. The Co-
operative was first registered on April 29, 1994.
If the Co-operative is wound up investors (members) receive a return on the capital they
have invested.
The Co-operative is currently the sole occupant of the former Court House. The Co-
operative entered into a two year lease for the building commencing December 1, 1995
with the permitted uses of tourist information and art and craft sales. The annual lease
fee was $960 payable in monthly instalments. The City has no record of a further lease
being entered into. The Co-operative has also not been able to produce a current lease.
City records indicate the Co-operative has previously been successful in obtaining a rate
payment waiver on the basis of it being a not-for-profit organisation.
The Co-operative utilises the former Court House to sell art and craft supplies, books and
plants. A substantial proportion of the Co-operative’s stock is ‘finished’ art and craft
products being sold on a consignment basis.
The current uses of the buildings and public open spaces within scope can be
characterised as:
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All of the buildings that are within the Precinct scope are on the City’s assets register.
The Municipal Office and former Court House are located on Crown land, making the
Victorian Government’s Department of Environment, Land, Water and Planning
(DELWP) the land owner. The City is DELWP’s appointed Committee of Management.
DELWP consent will be required for any permit applications required for works on these
buildings and public open spaces.
The Hall and former Mechanic’s Institute are located on freehold land owned by the City.
There are heritage considerations applicable for most of the exterior and much of the
interior of the former Court House. The building has no running water, toilets or heating
system, and the heritage considerations would make it extremely difficult to install toilets.
It is considered that the future sustainable use of this building is reliant on creating
linkages into other buildings with the basic amenities required for legal building
occupancy.
In response to the absence of running water or toilets in the former Court House, the Co-
operative members who ‘staff’ the building bring in bottled water and rely on public toilet
access.
Report
The Co-operative is currently the sole occupant of the former Court House. The Co-
operative’s petition seeks that it not be required to relocate as part of any Precinct
development. The concept design proposes that the Co-operative be relocated from the
former Court House into the former Mechanic’s Institute. This would in turn enable the
former Court House to be transitioned into expanded government agency service
provision space, and the Municipal Office to be transitioned into expanded Heathcote
Library service provision space.
The Co-operative’s petition demonstrates community concerns exist about the potential
impacts of any Precinct development. With Council’s endorsement, staff propose to
undertake further concept design analysis and development (in consultation with the
Heathcote community) to build confidence about how the needs of existing Precinct user
groups plus the needs of the broader Heathcote community would be responded to. This
further concept design analysis and development would seek to distinguish between
needs that could be managed through infrastructure-based responses as opposed to
change management-based responses.
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Petitions and Joint Letters Ordinary Meeting - 17 July 2019
Priority/Importance:
Consultation/Communication
In 2015/16 the City engaged consultants to undertake a needs analysis. The consultants’
community consultation processes involved a diverse range of stakeholders from across
the business, community, education, government and health sectors, at local and
regional levels.
In 2017/18 staff commenced the first stage of concept design specific community
consultation. The first stage methodology included more than 20 ‘one to one’ meetings
with existing user groups, including the Co-operative, and other interested organisations,
as well as some publicly advertised ‘listening posts’ and workshops. It focused on
increasing the City’s understanding of:
• to create spaces that are accessible and flexible and enable frequent and diverse
uses
• to foster a mix of formal and informal uses
• to foster a mix of regular users and occasional users
• to optimise inter-relationships between spaces within the Precinct and between
the Precinct and Barrack Reserve
• to optimise use of the adjoining Camp Street open space as well as the localised
High Street and Camp Street environs
• to minimise the Precinct’s environmental footprint
Future engagement on the concepts designed will automatically include the Co-operative
as a current user.
Attachments
Nil
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Document Information
Purpose
Summary
The intersection of Maiden Gully Road and Bonazza Road is a "T" intersection with
Maiden Gully Road having priority over the terminating Bonazza Road. Whilst existing
site distances exceed the minimum requirements for an intersection in a 60km/h speed
zone, removal of some of the undergrowth that has grown since the "Black Saturday
Bushfires" will assist in increasing the site distance and safety at the intersection. These
works are programmed to be undertaken by the Department of Environment, Land,
Water and Planning (DELWP) prior to this Council meeting. The City will review the site
distance following the programmed works and determine if further works would provide
any improvement to safety at the intersection.
RECOMMENDATION
That Council having received the petition in regard to concerns regarding vegetation
impacts on safety at the Bonazza Road / Maiden Gully Road intersection, review the site
distance following the programmed works to be undertaken by DELWP and respond to
the petitioners.
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Policy Context
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Background Information
Council received a petition regarding vegetation and site distance at the intersection of
Bonazza Road and Maiden Gully Road at its Ordinary meeting on 15 May 2019. The
petition outlined that
"We the undersigned wish to bring to your attention a dangerous intersection at Bonazza Rd
and Maiden Gully Rd. Vision is blocked by small trees on Maiden Gully Rd east side of
Bonazza Rd making turning right from Bonazza Rd almost a blind turn. We ask for
assessment of the trees be made in relation to the inability of vision they provide for
approaching traffic and a suitable solution then be reached.
We the undersigned are regular users of Bonazza Rd that do not wish to be involved in a
serious accident.
As the matter has been reported previously with little or no action, we would appreciate your
earliest attention".
Report
As Bonazza Road is the terminating leg of the "T" intersection with Maiden Gully Road,
traffic on Bonazza Road is required to give way to all traffic on Maiden Gully Road. The
sight distance at the intersection exceeds the minimum standard for a Stop Sign and
exceeds the guidelines for both the Safe Intersection Distance and Stopping Sight
Distance for an intersection in a 60km/h speed zone. Therefore based on engineering
principles the intersection can continue to operate safely in the current condition.
However as this area was part of the bushfire area on "Black Saturday" considerable
understorey re-growth has occurred which impacts on the vision particularly to the east
of the intersection. Removing this undergrowth and increasing the sight distance to the
east will increase the safety of traffic turning right from Bonazza Road into Maiden Gully
Road. This is of importance given Bonazza Road is unsealed and vehicles will be on a
slight upward grade when existing Bonazza Road. This increases the risk that right
turning vehicles may lose traction and therefore take longer in entering Maiden Gully
Road and getting up to speed with traffic on Maiden Gully Road.
The City has had discussion with DELWP who manage the land adjoining the Maiden
Gully Road reserve to the east of the intersection. DELWP currently have a program of
vegetation removal in the area. This program is targeted at the removal of the
undergrowth that has established following the bush fires in the area. This program will
address the vegetation removal from Maiden Gully Road which will improve the sight
distance at the intersection. Established vegetation will not be removed.
Sealing of the Bonazza Road intersection would also improve safety by providing a
sealed surface at the intersection eliminating the risk of vehicles loosing traction when
entering Maiden Gully Road. However this is beyond the scope of routine maintenance
and no capital funding has been allocated for these works.
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Consultation/Communication
In discussions with DELWP it is expected that the vegetation removal will be completed
prior to this report being presented to Council.
Resource Implications
Attachments
Nil
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Document Information
Purpose
This report responds to a letter received by Council on 15 May 2019 from Central
Bendigo Uniting Church Cluster Council in relation to Australia Day.
Summary
On 15 May 2019 the Central Bendigo Uniting Church Cluster Council (CBUCCC) wrote
to Council highlighting that a growing number of Australian citizens are reconsidering the
validity of holding the Australian National Holiday on 26 January.
Whilst it’s important to note that overall, decisions about the date of Australia Day are the
responsibility of the Federal Government, it’s acknowledged that a growing number of
local governments are changing the way they mark Australia Day.
This has led to increased national discussion and debate as to the appropriateness of
commemorating Australia Day and of celebrating on January 26. Australia Day, and its
history, is complex and holds different meanings for different members of our community,
and particularly for Aboriginal and Torres Strait Islanders.
Through the goals of the Community Plan and Reconciliation Plan, Council is committed
to a respectful and ongoing conversation with community regarding this matter.
RECOMMENDATION
That Council thank the Central Bendigo Uniting Church Cluster Council for their letter
and commit to an ongoing conversation with community, which promotes and progresses
greater understanding, respect and reconciliation.
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Policy Context
Report
Australia Day, and its history, is complex and holds different meanings for different
members of our community. Many Australians view Australia Day as a national day to
celebrate and to reflect on what it means to be Australian. The day has marked the
arrival of the First Fleet in 1788, but has evolved more recently into a celebration of
contemporary Australia and our increasing cultural diversity.
However, for many Aboriginal and Torres Strait Islander people, the day (and the date of
January 26) has come to represent one of mourning and loss.
Since 1938, when January 26 was first declared a ‘Day of Mourning’, there has been a
long history of protest to commemorating the day. Today, Aboriginal and Torres Strait
Islander people use it to reflect on the past loss and suffering of their people after
European settlement. For some Aboriginal people, January 26 is an opportunity to
recognise the resilience and survival of the world’s oldest living culture – and, since
1992, ‘Survival Day’ community events have been held to celebrate the strength of
Aboriginal people and culture.
However, for many Aboriginal people, January 26 is not a day for celebration. Each year
large public protests are held to mark ‘Invasion Day’ with the Melbourne march now
attracting an estimated 40,000 – 60,000 people each year.
For this group, January 26 signifies the beginning of invasion and dispossession. With
the impacts of loss and colonisation still being widely felt by Aboriginal communities
today, celebrations on January 26 remain a highly emotive issue with the anniversary
intensifying the pain, disconnection and sadness felt by many Aboriginal people.
Despite ongoing public debate and contention, all states and territories in 1994 endorsed
the creation of Australia Day as a national public holiday to be celebrated on January 26.
It has been celebrated since then with local councils and communities hosting public
events, citizenship ceremonies, and Australia Day Awards. The National Australia Day
Council states that more than half of all Australians participate in specific Australia Day
events, with families and those born overseas more likely to participate. Over 16,000
individuals become Australian citizens each year on January 26.
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Given these diverse views, both Reconciliation Australia and Reconciliation Victoria are
calling for an ongoing and respectful conversation around January 26, and one that is
informed by increased awareness and acknowledgement of our shared history and
identity.
Since 2016, five local governments across Australia – including Yarra, Darebin and
Moreland City Councils – have changed their Australia Day celebrations and the way
they mark January 26.
In August 2017, Darebin and Yarra City Councils voted to end the formal celebration of
Australia Day on January 26 as it is not considered an inclusive date for a national
celebration. Out of respect for their local Aboriginal and Torres Strait Islander residents,
it was also resolved to no longer refer to January 26 as ‘Australia Day’.
Moreland City Council followed with a similar decision in September 2017. These moves
followed the City of Fremantle’s 2016 decision to hold a more ‘culturally inclusive’
celebration (‘One Day in Fremantle’ public event) on a designated date after January 26.
The City of Darebin and Yarra City Council have also developed a January 26 Process
Plan for Local Governments to assist other Councils in their response to Australia Day.
In central Victoria, the Mount Alexander Shire Australia Day celebrations have included a
‘Survival Day’ component since 2016. The event is supported by the Upper Loddon
Indigenous Group Roundtable (Nalderun) and local Dja Dja Wurrung Elders, and in 2019
the celebrations were jointly branded ‘Australia Day / Survival Day’ for the first time.
In February 2017, Hepburn Shire Council passed a motion to review its current Australia
Day celebrations however no changes to community events have been made.
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The City of Ballarat recently agreed to commence regular consultation with its Koorie
Engagement Action Group (KEAG) Advisory Committee and the broader Aboriginal
community on January 26. A report will be delivered to Ballarat Council in July 2019
which will likely include proposals for future Australia Day celebrations in Ballarat.
Locally, there is growing interest in the Australia Day conversation and in how the City
marks the occasion. This has included:
It was reported in the Bendigo Advertiser (25 January 2019) that the Dja Dja
Wurrung Clans Aboriginal Corporation (DDWCAC) do not support celebrations on
January 26, and are no longer participating in Australia Day events on their
Country.
The Bendigo & District Aboriginal Cooperative (BDAC) is supporting new working
arrangements for its staff on January 26 – from 2020, BDAC staff will be able to
choose to take a public holiday or to work on January 26 (with a public holiday to
be taken in lieu during Reconciliation Week).
Through the goals of the Community Plan and Reconciliation Plan, Council is committed
to a respectful and ongoing conversation with community regarding this matter.
Demonstrating leadership and a deep commitment to listening to community is an
important priority for Council.
Councillors and City staff increase their Aboriginal cultural competency and
understanding. This includes specific training such as Self-Reflection Sessions.
Councillors host a briefing on the cultural sensitivities regarding Australia Day and
January 26, with a view to understanding the leadership role of local governments
in marking the date respectfully.
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Councillors host a further briefing to report back on the engagement process with the
Traditional Owners and local Aboriginal community, and to highlight the key discussions
and points raised through these community conversations. This will inform a discussion
on next steps in the approach to the Australia Day matter.
Timelines:
The engagement process as part of the next Reconciliation Plan will occur over 2019,
2020 and 2021.
Attachments
1. Copy of Letter from Central Bendigo Uniting Church Cluster Council.
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Document Information
Summary/Purpose
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RECOMMENDATION
Pursuant to section 61 of the Planning and Environment Act (1987), Council resolve to
issue a Notice of Decision to Grant a Permit to subdivide land into 13 lots, removal of
native vegetation, removal and creation of easements, demolition of amenities block, and
works within Heritage Overlay at 40 Harley Street, STRATHDALE 3550 subject to the
conditions at the end of this report:
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Background Information
The application was originally lodged in November 2016 and attracted 110 objections as
a result of advertising. There were a significant number of objections concerned about
the proposed demolition of the buildings and gardens on the site. At the time, no overlays
applied to the site and a planning permit was not required to demolish buildings on the
site.
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The main residence was designed by Knox’s architectural firm (based in Eltham) and
included many recycled materials including bricks, stone, timber and architectural
features from demolition sites around Bendigo; notably a railway bridge in Axedale
(1887), items from the former ANA Hall (1893), and convict bricks (1840s) from a visit to
Bruny Island. The residence remains as a notably rare (one of two), intact example of a
mud brick dwelling in the Greater Bendigo municipality that Knox designed.
The Built Heritage Pty Ltd (March 2017) citation found that the surrounding gardens and
other buildings constructed later are not considered to be of heritage significance as they
are not related to work by Knox himself, or of special architectural significance.
The City undertook a further review of the gardens to determine whether they are of
heritage significance in their own right, or contain notable flora. An additional citation by
Context Pty Ltd (July 2017) was prepared to specifically consider the garden. Context
found the gardens did not meet the HERCON heritage significance criteria, or contain
notable flora for protection. The citation identifies that gardens from the 1970s and 1980s
are generally not considered to meet the heritage criteria unless they have a rare
example that may be of botanical interest, technical, scientific or design quality from this
era.
The application was amended on 9 October 2017 to show the main residence retained
within the proposed Heritage Overlay as exhibited, and re-advertised to the persons who
received notice of the original application and to those who had previously lodged
objections. An additional fifteen (15) objections (with most from previous objectors) were
subsequently received to the planning application, many of which raised concerns about
the extent of the proposed Heritage Overlay curtilage for the dwelling.
A Panel Hearing was held on 21 May 2018 to hear the submissions to Amendment
C234. The Panel report recommended that the overlay be applied to the dwelling only
and that the curtilage of the overlay be increased slightly to extend 7 metres to the north
west and south east sides of the dwelling, to the rear (south west) boundary, and from
the north east frontage of the building, extending to the top of the bank of the eastern
side of the water course (gully) in front of the dwelling.
At its Ordinary Meeting of 15 August 2018, Council adopted the recommendations of the
Independent Planning Panel and the Amendment was subsequently approved by the
Minister for Planning on 11 October 2018. The overlay is now included within the
Planning Scheme and the Amendment process has been completed.
Following the application of the Heritage Overlay to the site, the planning permit
application was amended on 25 March 2019 so that the boundaries for proposed Lot 9
containing the dwelling reflected the extent of the Heritage Overlay. The application was
re-advertised in April this year. Four (4) further objections from previous objectors to the
application were received.
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Minor amendments were recently made to the plans to reduce the size of the drainage
reserve from 644 square metres to 497 square metres, following discussions between
the applicant and the City’s Drainage Engineer regarding the design of the drainage
basin. A change to the boundary line between Lots 8 and 9 was also made to address an
objector’s concern about the location of the driveway for the existing dwelling. These
changes were not advertised given their minor nature.
The site was nominated for inclusion on the Victorian Heritage Register at the time
Amendment C234 was being undertaken, however no decision has been made on this
nomination to date. The site has also been listed on the National Trust register, but is not
yet classified.
Report
The site is located on the south eastern side of Harley Street in Strathdale. It is an
irregular shaped lot of approximately 1.9 hectares in size and contains a main residence
constructed of mud brick, 2 smaller mud brick units, a mud brick reception building,
amenities block and sheds as well as two small dams. The buildings are set within
extensive gardens. Remnant native vegetation exists along part of the eastern, southern
and south western boundaries.
The main dwelling, constructed of mud brick and reclaimed materials, is of heritage
significance for its association with architect Alistair Knox and the use of recycled
materials which provide a unique architectural style.
The site is currently accessed via two driveways off Harley Street. There is a fall towards
the centre of the site from both the northwest and the southwest.
Harley Street is a 30 metre wide road reserve containing two lanes and is fully sealed
with kerb and channel on both sides of the site, with a footpath on the western side of the
road.
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Figure 1: Location map showing subject site. Objectors' properties within vicinity of the site marked with a
star.
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Proposal
The proposal is for a 13 lot subdivision of the site, the removal of native vegetation,
removal and creation of easements, demolition of an amenities block and works within
the Heritage Overlay.
The subdivision will create lots ranging between 751 and 2,671 square metres in size.
The largest lot (Lot 9) will contain the Knox dwelling. A drainage reserve of 497 square
metres is proposed in the northern part of the site.
The main driveway to the site off Harley Street will be reconstructed and designated as a
road which will service 12 of the 13 lots. Lot 1 will have a separate driveway onto Harley
Street.
The application seeks approval for the removal of 0.266 hectares of native vegetation.
A disused water supply easement for an irrigation channel along the north east boundary
of the site, in favour of some adjoining lots, is proposed to be removed as part of this
application. Additional easements will be created to protect services and assets as
required.
An amenities block associated with the site’s former use as a function venue is proposed
to be removed and minor works involving the construction of a new driveway for the
existing dwelling are proposed within the Heritage Overlay.
Figure 3: Photograph of existing dwelling within Heritage Overlay (source: Built Heritage Pty Ltd, 2017)
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Figure 7: Extract from Native Vegetation Removal report showing extent of native vegetation removal
sought.
Permit Triggers
The need for a planning permit is triggered by:
Clause 32.08-3 of the General Residential Zone, which states that a permit is
required to subdivide land.
Clause 43.01-1 of the Heritage Overlay which states a permit is required to subdivide
land, demolish a building and carry out works.
Clause 52.17-1 which states that a permit is required to remove native vegetation.
Clause 52.02 which states that a permit is required to remove and create easements.
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Other Provisions
Clause 52.02 Easements, restrictions and reserves
Clause 52.17 Native vegetation
Clause 56 Residential Subdivision
Clause 65 Decision guidelines
Consultation/Communication
Referrals
The following authorities and internal departments have been consulted on the proposal:
Referral Comment
Powercor No objection subject to standard conditions.
Coliban Water No objection subject to standard conditions and a
condition relating to the redundant easement stating
that the developer will be responsible for reinstating
any open channel on the land and managing any risk
to lots from stormwater runoff.
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Referral Comment
Downer Utilities No objection subject to standard conditions.
Department of No objection, recommended Council include a number
Environment, Land, Water of conditions of permit relating to protection of native
and Planning vegetation to be retained, native vegetation offsets and
offset evidence.
Traffic & Design No objection subject to conditions.
Drainage No objection subject to conditions.
Heritage Advisor The proposed subdivision generally responds to the
curtilage of the Heritage Overlay and will allow the
retention of significant fabric during development of the
site. The proposal is supported.
Parks and Open Space No objection to the proposed vegetation removal. A
condition of permit will require a landscape plan for
street tree planting to be prepared and submitted for
approval.
Public Notification
The application was advertised by way of notice on the site and letters to adjoining and
nearby owners and occupiers.
As a result of advertising, a total of 114 objections were received, with several objectors
lodging subsequent additional submissions at each stage of the process for this
application.
The grounds of objection are summarised as follows:
Concern about the demolition of the buildings, dams and extensive gardens and the
proposed subdivision adversely affecting the heritage significance and cultural values
of the site.
Proposal is contrary to Council’s Heritage Policy at Clause 22.06 of the Planning
Scheme.
Proposal is contrary to Council’s Environment policy at Clause 21.08-2 of the
Planning Scheme.
Concern about environmental impacts from the removal of all vegetation, buildings,
dams and other features of the site, including dust, flooding, wildlife impacts, wastage
of existing infrastructure and materials.
Concern about amenity impacts on neighbouring properties including noise, privacy,
increased traffic and disruption during construction.
Concern about neighbourhood character, density of development and loss of open
space on the site.
Concern about potential for more than one dwelling on a lot, and request for
restrictions on building heights.
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Concern about increased traffic on Harley Street, particularly during peak periods,
and potential for increased traffic on The Lane.
Concern about drainage impacts from the subdivision and adequacy of drainage
infrastructure.
The planning merits and objections are discussed below.
Planning Assessment
Planning policy
The following clauses of the State and Local Planning Policy Framework and Municipal
Strategic Statement are relevant in the consideration of this application.
Clause 11 (Settlement) states that planning is to anticipate and respond to the needs of
existing and future communities through provision of zoned and serviced land for
housing, employment, recreation and open space, commercial and community facilities
and infrastructure. Planning is to recognise the need for, and as far as practicable
contribute towards, amongst other things, health, wellbeing and safety, economic
viability, and potential of environmentally sensitive areas and natural resources.
Clause 11.01-1S (Settlement) seeks to promote the sustainable growth and development
of Victoria and deliver choice and opportunity for all Victorians through a network of
settlements. Strategies for this policy include focussing investment and growth in places
of State significance in metropolitan Melbourne and the major regional cities, including
Bendigo.
Clause 11.01-1R (Settlement - Loddon Mallee South) includes strategies which promote
Bendigo as a regional city and seek to facilitate increased residential densities for
underutilised sites and land in Bendigo.
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Clause 18.01-1S (Land use and transport planning) contains an objective to create a
safe and sustainable transport system by integrating land use and transport. One of the
strategies to achieve this policy is to plan urban development to make jobs and services
more accessible by coordinating improvements to public transport, walking and cycling
networks with the development and redevelopment of urban areas.
Clause 19.03-2S (Infrastructure design and provision) seeks to provide timely, efficient
and cost-effective development infrastructure that meets the needs of the community.
Clause 21.08-4 (Heritage) of the Municipal Strategic Statement recognises the role that
heritage plays in the municipality. It states that “Greater Bendigo has a large number of
significant heritage assets of local, state and national significance. There are buildings,
sites and precincts dating from all decades of post-contact settlement since the 1850’s,
following the discovery of gold, throughout the municipality. The total complex of
buildings, infrastructure, urban spaces and natural resources represent the most
significant asset and resource in central Victoria. Heritage is an important part of the
economy of the municipality due to its role in attracting tourists, renovators and new
residents who bring economic development initiatives and assets.”
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Clause 21.05 (Compact Bendigo) encourages ‘10 minute neighbourhoods’ which are
attractive and feature well designed residential and mixed use developments, offer a
range of housing choices, convenient access to public transport and activity centres, and
have community and commercial facilities that are highly accessible by a variety of
transport modes, in particular walking and cycling. This clause states that “a 10 minute
neighbourhood is an identifiable community where people can access many (but not
necessarily all) of their daily needs within a 10 minute walk or cycle trip from where they
live. Daily needs can include shops, schools, employment, a range of community
facilities and public transport.”
Clause 21.09-1 (Integrated transport and land use planning) seeks to integrate land
planning and the transport system (walking and cycling networks, public transport,
private vehicles and the freight network) and implement the principles of Council’s
Connecting Greater Bendigo Integrated Transport and Land Use Strategy (2015).
Clause 22.06 (Heritage Policy) sets out objectives which seek to retain heritage assets
for the enjoyment, education and experience of residents, visitors and future generations
of the municipality, ensure that new development is sympathetic with the appearance
and character and maintains the significance of heritage places, including surrounding
precincts.
An assessment against the relevant policy objectives and Heritage Design Guidelines is
provided as follows:
Subdivision
The proposed subdivision provides for an appropriate setting for the heritage building,
which will be contained within proposed Lot 9. The boundaries of Lot 9 generally accord
with the extent of the Heritage Overlay. The layout of the subdivision ensures that the
heritage building will be visible from the street. Lot 9 also takes in the gully in front of the
dwelling; with the gully to be maintained as an open drain as part of the overall drainage
system, and a drainage easement to be applied to it in favour of City of Greater Bendigo.
Demolition
The proposal seeks to demolish a non-contributory building, being the amenities block.
The proposal will retain the main residence within Lot 9, which is consistent with the
objective to encourage the retention of a significant or contributory heritage buildings or
place, unless structurally unsound and beyond repair.
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The areas in this precinct are newly developed with small setbacks and numbers of
larger dwellings. In general gardens are establishing with a mix of natives and exotics,
however in parts substantial remnant indigenous and native trees (mostly ironbark)
provide a backdrop that is distinctive. The streetscapes have an open feel created by a
lack of fencing forward of the dwellings.
The Statement of desired future character for the precinct seeks to strengthen the
garden settings of the dwellings.
The relatively large lot sizes will allow for gardens to be established for each new
dwelling within the street, consistent with the objective to provide for garden
settings.
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Comment: Complies. Lot frontages range from 12.5 to 38.9 metres. Lots with
narrower frontages are sufficiently wide enough at the rear to allow for appropriate
spacing between dwellings.
To ensure that buildings and extensions Respect the predominant building
do not dominate the streetscape. height in the street and nearby
properties.
Comment: This application is for subdivision only, so as such there are no plans for
dwellings on each of the lots at this stage.
To encourage innovative architecture that Buildings should be individually
reflects the garden setting. designed to respond to the dominant
characteristics of the area and to the
site.
Comment: Given the topography of the site, it is likely that dwellings will need to be
individually designed to suit each of the lots.
To maintain and enhance the continuous Provide no fencing forward of the
flow of the garden settings and the dwelling.
openness of the streetscape.
Comment: Complies. No front fencing is part of this application.
In assessing the proposal against the relevant planning policies outlined above, the site
is well located to take advantage of a range of services and facilities, public open space
and existing utilities. The site is within proximity to both Kennington Village and Strath
Village, active and passive recreation opportunities located on Reservoir Road and at
Kennington Reservoir, La Trobe University, primary and secondary schools, a
kindergarten and child care services, and public transport via a bus service. The location
of this proposal meets the elements of a 10 minute neighbourhood and is consistent with
integrated land use and transport planning policy.
The site is within a Bushfire Prone Area, but not within a Bushfire Management Overlay.
Consideration has been given to the site’s landscape risk, access, water supply and
vegetation management requirements. The vegetation within 500 metres of the site is
predominantly managed vegetation.
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The new street will provide lots with appropriate access to the existing street network.
The site is connected to reticulated services and fire hydrants will be required to be
provided within the road reserve. Lots are also sufficiently large enough to contain water
tanks. Any vegetation to be retained on site will be managed within garden settings.
Given these matters, the bushfire risk for the site can be appropriately managed and
mitigated.
The proposal is generally consistent with State and local planning policies and will
produce an acceptable planning outcome.
The site is zoned General Residential Zone under the Planning Scheme. The purposes
of the zone include encouraging development that respects the neighbourhood character
of the area and encourage a diversity of housing types and housing growth, particularly
in locations offering good access to services and transport.
The site is appropriately zoned to cater for residential development at the scale and
density proposed in this application and is well located in terms of access to services and
transport, as noted previously. The majority of lots in the immediate area exceed 700
square metres in size, with some lots up to 2,200 square metres. There are a few
medium density developments scattered throughout the area but most lots are
developed with single storey, detached dwellings with associated outbuildings.
The proposed subdivision will provide for lots of similar sizes, with most of the new lots
being over 900 square metres in size. The size of the lots will allow for the appropriate
siting of dwellings and associated private open space, car parking and garden areas.
Whilst some objectors have requested that restrictions be applied to limit the height of
new dwellings and the number of new dwellings per lot, this is considered unnecessary,
given it is a subdivision application only.
Building height is governed by the Building Regulations and General Residential Zone.
Under the zone, a maximum height of 11 metres and 3 storeys is permitted.
The zone allows for a range of densities and there is no minimum lot size specified for
this location. The purposes of the zone encourage development that respects the
neighbourhood character of an area and diversity of housing growth, particularly in
locations offering good access to services and transport. In the event that further
subdivision or the development of more than one dwelling on a lot is proposed, then a
planning permit would be required and an assessment against Rescode, including
neighbourhood character and amenity impacts would be undertaken, in addition to
further advertising/community consultation.
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Heritage
The current proposal now proposes to retain the main residence. Several objections
received to the previously advertised application raised concerns about the significance
of the buildings and gardens on the site, and the extent of the curtilage for the dwelling
within the exhibited Heritage Overlay, however these issues were addressed through the
Planning Scheme Amendment process and the Heritage Overlay has been applied to the
site, as outlined previously in the background section of this report.
The application has been assessed against the relevant decision guidelines within the
overlay, the City’s Heritage Policy and Heritage Design Guidelines.
The proposed subdivision has been designed to address the heritage significance of the
existing dwelling. The proposed lot boundaries respect the curtilage of the Heritage
Overlay and provide for an appropriate setting for the dwelling. The layout will allow for
views to the dwelling from the new street. The layout of the subdivision will not adversely
affect the significance, character or appearance of the heritage place and will allow for
the appropriate siting of dwellings on vacant lots within the subdivision.
The only building within the Heritage Overlay that is proposed to be demolished is an
amenities block. It is partly located within the Overlay and a permit is required for its
removal. This building is not of heritage significance and no concerns have been raised
by the City’s Heritage Advisor in relation to its demolition. The demolition of the amenities
block will not adversely affect the significance, character or appearance of the heritage
place.
While other buildings on the site are proposed to be removed (including two residential
units, the function centre and other outbuildings), it has been determined through the
Planning Scheme Amendment process that neither these buildings nor the gardens are
of heritage significance. A permit is not required for their removal under the Planning
Scheme.
Works to create a new driveway for the main residence are proposed, to connect it to the
new road. The driveway is proposed to be located on the south eastern side of the
dwelling, which will maintain views to the front façade and much of the original gully
immediately in front of the dwelling. The gully will be retained as an open drain for the
extent of Lot 9’s frontage.
Overall, the proposal provides for an acceptable outcome in relation to the site’s heritage
significance.
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A number of objections are concerned that the site is of cultural significance to the
Bendigo community and has strong potential for ongoing community use. The site was
previously used as a function venue for weddings, ceremonies and other events.
Whilst the site does lend itself toward a non-residential use given its size and the nature
of the buildings contained within it, and it is understandable that some people in the
community have an attachment to the site having held events there, Council must
consider the merits of the current application against the Greater Bendigo Planning
Scheme.
The dwelling on the site was found to be of heritage significance for its association its
association with architect Alistair Knox and the use of recycled materials which provide a
unique architectural style, rather than for the site’s use as a function venue.
The subdivision of the site and its development with dwellings in the future is not likely to
result in a significant negative cultural or social impact on the community. The proposal is
for an infill development within an existing urban area and the site is appropriately zoned
for residential development.
The application has been assessed against all the relevant objectives and standards of
Clause 56 and is deemed to comply.
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It is recommended that a cash in lieu contribution of 4.5% of the value of the land be
required as a condition of permit. The basis for this recommendation is provided in the
table below.
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Considerations Comment
How is the site used or developed? There is currently a single dwelling on the
site. The subdivision will result in 12 new
dwellings on the site.
Is it likely that existing open space will be Yes.
more intensively used after than before
the subdivision?
What effect will the subdivision have on The subdivision will increase the
any existing or likely population density? population density of Strathdale.
Are there existing public recreation Kennington Reservoir and Strathdale
places in the neighbourhood? How Recreation Reserve are both within 1
adequate are these? kilometre of the site. These places would
benefit from upgrade works.
How much land in the subdivision is Nil.
likely to be used for public recreation by
lot owners?
What policies are there concerning City of Greater Bendigo Open Space
public recreation places? Strategy 2005 as referenced in the
Planning Scheme, noting that the Greater
Bendigo Public Space Plan was
readopted by Council on 19 June 2019.
Conclusion: will the subdivision result in Yes. The development of the site as
a need for more public open space? proposed will result in a 92% increase in
the need for public open space.
What public open space contribution 4.5% of the value of the land prior to
should be paid to Council? subdivision.
It is proposed to remove much of the existing gardens to facilitate the subdivision and
development of the site with a new road and future dwellings. A planning permit is
required to remove native vegetation pursuant to Clause 52.17 (Native vegetation);
however no planning permit is required to remove exotic vegetation from this site. No
environmental overlays (such as Environmental Significance Overlay, Vegetation
Protection Overlay or Significant Landscape Overlay) apply to the site.
A number of objections have raised concerns about the loss of native vegetation,
particularly large trees, and the loss of the gardens. Objectors have stated that the site
forms part of an environmental corridor in Strathdale and are concerned about a loss of
amenity arising from vegetation removal, adverse impacts on the city’s fauna and bird
population and the need to retain vegetation in urban environments due to climate
change.
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The application seeks approval for the removal of 0.266 hectares of native vegetation in
the site, including two large trees. The native vegetation is located along part of the
eastern boundary, the southern boundary and part of the western boundary of the site. A
Native Vegetation Removal report has been submitted as part of the application, in
accordance with the requirements of Clause 52.17.
The native vegetation is located within Location 1 and the application is an Intermediate
Assessment Pathway application. The site contains Red Ironbark, Red Box, Red
Stringybark and Wax Flower species and the vegetation is located within one patch.
The application has been assessed against the relevant decision guidelines as contained
within the Guidelines for the removal, destruction or lopping of native vegetation
(Department of Environment, Land, Water and Planning, 2017) which requires an
assessment of the biodiversity value of native vegetation.
The native vegetation on the site has limited biodiversity value. It is located in an urban
setting and the site has been modified. A survey was carried out on the site which did not
record any rare or threatened species. The Native Vegetation Removal report prepared
as part of the application states that the native vegetation is not in an area mapped as an
endangered Ecological Vegetation Class, sensitive wetland or coastal area. Removal of
less than 0.5 hectares will not have a significant impact on any habitat for a rare or
threatened species.
The native vegetation that exists on the site is not deemed to be of high quality or high
conservation significance and its biodiversity value would be lost even if the land was
developed at a lower density. Whilst the MSS recognises the importance of Box Ironbark
Forest within the municipality at Clause 21.08, the vegetation is located on private land
within an urban context and the site is zoned for urban development. It is not possible to
avoid the loss of the native vegetation’s biodiversity value and still develop the site. A
lower density subdivision of the site would not reduce the loss of biodiversity value, given
the site’s context and the quality of the vegetation, when assessed against the
Department of Environment, Land, Water and Planning’s guidelines.
General offsets will compensate for the loss of biodiversity that will result from the
proposal.
As such, the biodiversity value of the vegetation has been weighed against developing
the site in a manner that optimises lot yield and provides for an appropriate
neighbourhood character response. The loss of biodiversity value resulting from the
subdivision will be appropriately offset with conditions specified on the permit detailing
the offset requirements. Native trees may be retained within the lots for amenity value.
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Given that no planning permit is required for the removal of non-native vegetation on the
site as there are no overlays, and it has been determined that the gardens do not contain
notable flora, the vegetation is not significant enough to warrant a redesign of the
proposal to retain it. In this instance, the benefits of developing the site for housing
outweigh the biodiversity value of the native vegetation and the amenity and landscape
value of the exotic vegetation that exists on the site.
The application was referred to the City’s Drainage Engineer who did not object to the
application, subject to conditions of permit requiring detailed drainage plans to be
approved prior to the commencement of works and provision of drainage easements.
Traffic
Objectors have raised concerns about the subdivision increasing traffic volumes on
Harley Street, particularly during the morning peak period. There are also concerns that
The Lane may be open to traffic, rather than being used as a pedestrian link only, as
stated in the application.
The City’s Traffic Engineer assessed the proposal and did not raise any concerns
regarding traffic impacts on Harley Street. The subdivision is anticipated to generate an
additional 130 vehicles movements per day. Harley Street is currently carrying in the
order of 1,200 to 1,300 vehicles per day, and has an estimated capacity of 4,000
vehicles per day. As such, Harley Street has sufficient capacity to cater for the increase
in traffic movements generated by this subdivision.
Amenity considerations
Amenity concerns raised by objectors include noise and glare from traffic to adjoining
properties, concern about truck movements, dust and disturbance from earthmoving
equipment during construction and privacy impacts.
Should the application be approved, it is inevitable that there will be activity on the site
for a period of time to undertake necessary works for land forming, construction of the
drainage and road infrastructure, the installation of utilities to service the subdivision and
subsequently when dwellings are constructed on each lot. This is not a sufficient reason
to refuse the application.
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Appropriate conditions can be placed on the permit to ensure amenity impacts can be
managed when works are carried out during the subdivision stage. Once lots have been
released, each landowner/builder will be required to manage amenity impacts during
construction in accordance with EPA requirements and Council’s local laws.
While it is anticipated that noise levels in the area, including from traffic using the new
street, will increase as a result of additional population accommodated at the site, it is
considered that the likely noise levels will not be unacceptable and will be of a typical
residential nature. The likely increase in noise and traffic does not warrant the
construction of a 2.4 metre high acoustic fence adjacent to 34 Harley Street, as
requested.
Conclusion
The application seeks approval for the subdivision and development of land within an
established residential area of Strathdale. The site is well located to take advantage of
existing services and facilities in the Strathdale area, given its proximity to public open
space and recreation facilities, retail services, social infrastructure such as schools and
kindergartens and the availability of public transport on Harley Street.
The subdivision has been designed to take into consideration the layout, context
(including the established pattern of development in the surrounding area) and the
heritage significance of the site. The subdivision provides for an appropriate heritage
response and will maintain an acceptable setting for the existing mud brick heritage
dwelling.
Whilst native vegetation on the site may be retained within lots for amenity value, its
biodiversity value must be deemed as lost in accordance with the State’s planning policy
for native vegetation, and offsets must be applied.
The proposal is not likely to result in unacceptable traffic or drainage impacts and
amenity impacts arising from the subdivision during the construction phase can be
appropriately managed through permit conditions.
Overall it is considered the proposal appropriately complies with the requirements of the
Greater Bendigo Planning Scheme.
Options
Council, acting as the responsible authority for administering the Planning Scheme, may
resolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit.
Attachments
Objections
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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.
4. LANDSCAPE PLAN
Before a statement of compliance is issued a landscape plan must be
submitted to the satisfaction of the responsible authority. When approved, the
plan will be endorsed and then form part of the permit.
5. COMPLETION OF LANDSCAPING
Before a statement of compliance is issued the landscaping works shown on
the endorsed must be carried out and completed to the satisfaction of the
responsible authority.
6. LANDSCAPING MAINTENANCE
The landscaping works shown on the endorsed plans must be maintained to
the satisfaction of the responsible authority for 24 months after the works are
completed, including that any dead, diseased or damaged plants are to be
replaced.
7. CONSTRUCTION PHASE
All activities associated with the construction of the development permitted by
this permit must be carried out to the satisfaction of the responsible authority
and all care must be taken to minimise the effect of such activities on the
amenity of the locality.
8. NO MUD ON ROADS
In the event of mud, crushed rock or other debris being carried onto public
roads or footpaths from the subject land, appropriate measures must be
implemented to minimise the problem to the satisfaction of the responsible
authority.
ENGINEERING CONDITIONS:
9. DETAILED DRAINAGE
Prior to the certification of the plan of subdivision 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
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water mains within this development site must be designed utilising water
main links and loops to minimise dead ends and an unnecessary water
quality risk in the reticulated water supply mains. To achieve the
abovementioned, the reticulated water mains are required to be extended
from the existing 375mm water main located within Harley Street, to
service the lots within the development site and then be linked via the
proposed Access Way and be linked into the existing 100mm PVC water
main located within The Lane.
(b) All Coliban Water assets within the subdivision, both existing and
proposed, are to be protected by an easement in favour of Coliban Region
Water Corporation.
(c) Services are to be provided and where necessary, existing services will
require amending in accordance with Coliban Water’s specifications.
(d) The redundant easement referred to in the planning application is not a
Coliban Water easement, this is in favour of lots on plan. The developer is
responsible for the reinstatement of any open channel on the land and
manage any risk to lots for storm water runoff. Specific requirements for
the servicing of the new lots will be provided to the applicant after a plan for
certification has been referred to Coliban Water. A final copy of the plan as
certified by Council must be provided to Coliban Water.
21. POWERCOR
(a) This letter shall be supplied to the applicant in its entirety.
(b) The plan of subdivision submitted for certification under the Subdivision Act
1988 shall be referred to the Distributor in accordance with Section 8 of
that Act.
(c) The applicant shall provide an electricity supply to all lots in the subdivision
in accordance with the Distributor’s requirements and standards.
Notes: Extension, augmentation or rearrangement of the Distributor’s
electrical assets may be required to make such supplies available, with the
cost of such works generally borne by the applicant.
(d) The applicant shall ensure that existing and proposed buildings and
electrical installations on the subject land are compliant with the Victorian
Service and Installation Rules (VSIR).
Notes: Where electrical works are required to achieve VSIR compliance, a
registered electrical contractor must be engaged to undertake such works.
(e) The applicant shall, when required by Powercor, set aside areas with the
subdivision for the purposes of establishing a substation or substations.
Notes: Areas set aside for substations will be formalised to the Distributor’s
requirements under one of the following arrangements:
(f) RESERVES established by the applicant in favour of the Distributor.
(g) SUBSTATION LEASE at nominal rental for a period of 30 years with rights
to extend the lease for a further 30 years. The Distributor will register such
leases on title by way of a caveat prior to the registration of the plan of
subdivision.
(h) The applicant shall establish easements on the subdivision, for all existing
Distributor electric lines where easements have not been otherwise
provided on the land and for any new powerlines to service the lots or
adjust the positioning existing easements.
Notes:
Existing easements may need to be amended to meet the Distributor’s
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requirements
Easements required by the Distributor shall be specified on the
subdivision and show the Purpose, Origin and the In Favour of party as
follows:
Before the issue of a Statement of Compliance for any stage of the subdivision
under the Subdivision Act 1988, the owner of the land must provide written
confirmation from:
A telecommunications network or service provider that all lots are
connected to or are ready for connection to telecommunications services in
accordance with the provider’s requirements and relevant legislation at the
time; and
A suitably qualified person that fibre ready telecommunication facilities have
been provided in accordance with any industry specifications or any
standards set by the Australian Communications and Media Authority,
unless the applicant can demonstrate that the land is in an area where the
National Broadband Network will not be provided by optical fibre.
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must remain in place until all works are completed to the satisfaction of the
department.
25. DEPARTMENT OF ENVIRONMENT, LAND, WATER & PLANNING
Native vegetation offsets
(a) The total area of native vegetation permitted to be removed is 0.266
hectares, comprised of two large trees. To offset the removal of
0.266hectares of native vegetation the permit holder must secure a native
vegetation offset(s) that meets all the following:
(b) A general offset of 0.044 general habitat units located within the North
Central Catchment Management Authority boundary or Greater Bendigo
municipal district;
(c) Have a Strategic Biodiversity Value score of at least 0.080.
(d) Provide protection for at least 2 large trees • must be in accordance with
the Guidelines for the removal, destruction or lopping of native vegetation
(DELWP, 2017).
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Document Information
Summary/Purpose
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RECOMMENDATION
A. Pursuant to section 61 of the Planning and Environment Act (1987), Council resolve
to issue a Notice of Refusal to Grant a Permit for the use of land for industry
(manufacture and maintenance of mining and agricultural equipment) at 45 Ingham
Road, AXEDALE 3551 subject to the following grounds:
B. If an application to review the decision of refusal is not lodged with the Victorian Civil
Administrative Tribunal (VCAT) within 60 days of the refusal being issued, the City is
to commence enforcement action requiring cessation of the use.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Background Information
The use of land for which a retrospective approval is sought, is believed to have
commenced in 2016 and is understood to have operated in an Industrial Zoned site in
East Bendigo before relocating to the present site, which the proponent owns and
resides.
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The use came to the notice of the City when a City works crew observed a large number
of vehicles and equipment being stored outside the application site in the Ingham Road
reserve and reported this to the City’s Compliance Officer.
The City’s Compliance Officer inspected the site and advised the proponent in writing
that that the site was operating without planning approval and that a retrospective permit
was required to be sought.
The permit application was lodged in October 2016 and advertised with a single
submission received. The proponent was advised in June 2017 that the application was
unlikely to be supported on planning and strategic grounds; however was also requested
to provide information (in order to limit the number of issues in dispute) with respect to:
The noise (and compliance with State Environment Protection Policy); and
In the absence of sewer, how onsite effluent disposal is managed having regard to
the number of employees on site.
The proponent has not supplied additional information with respect to these issues.
Report
Figure 1: Location map showing subject site. Submitter properties marked with a star.
The applicant's submission has appropriately described the application site as:
The site has been largely cleared of vegetation and increases significantly in
elevation from the Campaspe River (western boundary) to the location of an
existing dwelling and the proposed location of the ‘Industry’ use.
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There is an existing brick veneer dwelling on the site with driveway access to
Ingham Road, along with two existing machinery sheds”.
The site is within the Farming Zone. There is no current or proposed Industrial zoned
land within Axedale. The closest area of Industrial zoned land is some 18 kilometres
away (as the crow flies) in East Bendigo.
Access to the site (for heavy vehicles) occurs at the eastern junction of the McIvor
Highway and Ingham Road.
In terms of context, the site is prominently viewable from the McIvor Highway as it rises
coming out of the Axedale Township across the Campaspe River. The O’Keefe Rail Trail
runs alongside the application site in Ingham Road.
The closest dwelling is approximately 150 metres south west of the site at 44 Ingham
Road.
Dwellings in Hannon Place and Campaspe Drive are approximately 500 metres away;
however it is relevant to note that the natural ground level of these dwellings is similar to
that at the application site (as a result of the significant fall towards and away from the
Campaspe River).
Proposal
Figure 2: Applicant plan nominating extent of land to be used for industry (red) and 100 buffer (green).
The proposed use of land for the purpose of ‘Industry’ specifically (as stated by the
applicant submission) being to:
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“Manufacture and maintain equipment predominantly for the mining and agricultural
industries being located near Axedale Sands and Gravel, Hanson Quarry, Burns
Clay Pit, Fosterville Gold Mine and farmers in the region”.
The application material included the plan at Figure 2 which nominated the location from
which ‘industry’ would be conducted; as well as a 100 metre ‘buffer’ area. The
application has not nominated operating hours or days for the business. The application
indicates that 10 staff are employed by the business.
Figure 3: Aerial marked up with the area nominated by the applicant for the ‘industry use’ (overlaid onto
Google Earth Imagery from 2019).
The marked up aerial at Figure 3 and recent observations of the site indicate that the use
has expanded beyond the area the applicant nominated as being the maximum extent of
use.
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Other Provisions
35.07 Farming Zone
52.06 Car parking
65 Decision guidelines
66 Referral and notice provisions
Consultation/Communication
Referrals
The following authorities and internal departments have been consulted on the proposal:
Referral Comment
VicRoads Unconditional consent.
Department of Jobs, Consent subject to notes.
Precincts and Regions Note: this referral was required under the Planning
Scheme owing to the proximity of the site to land being
used for extractive industries.
Department of Conditional consent.
Environment, Land, Water
and Planning
City of Greater Bendigo - Objection. This is based on the unauthorised alteration
Environmental Health to the existing effluent disposal system and the lack of
appropriate provision for effluent disposal more
generally.
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Public Notification
The application was advertised by way of notice on the site and letters to adjoining and
nearby owners and occupiers.
Planning Assessment
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Figure 4: Axedale Township Strategic Framework Plan (page 165 of the Greater Bendigo Planning
Scheme).
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The applicant argues that the location they are operating from is supported by the Small
towns policy which acknowledges the importance of extractive industries to towns like
Axedale. The applicant's argument has a strong focus on the site being strategically
located close to a number of their major customers, as well as the McIvor Highway (a
major freight route). Whilst there is logic to their argument, the operation at the site does
not enjoy policy support.
The City has a relatively sophisticated set of local policies which provide clarity as to
where industrial uses should be located. Local planning policy clause 21.02-3 Economic
Development – Industrial Diversification notes:
“Future industrial development will be promoted within the East Bendigo industrial
precinct and the Marong Business Park. A number of other sites within the
municipality offer further development potential, and this will be encouraged in
areas such as the Deborah Triangle precinct.
Policy also encourages the consolidation of existing industrial areas to take advantage of
access to major transit and freight corridors within the municipality. The application site is
not located within an existing industrial area. As such, the proposal does not result in the
consolidation of existing industrial areas and creates dispersion of industrial activity
which is contrary to the local policy of the Planning Scheme.
Consolidating industrial land use activities in an industrial area would result in an orderly
town planning outcome that protects agricultural and environmental features of the
municipality. The Planning Scheme does not encourage the operation of industrial land
uses within the Farming Zone.
The proposal is clearly not in accordance with policy as the industrial land use is on a
site located in the Farming Zone. It is important that land use policies like this are
implemented to achieve an orderly planning outcome.
The Planning Scheme provides clear direction for industrial land uses to be encouraged
and located with other industrial land uses, more specifically that more intense ‘heavy’
industrial uses locating towards the centre of industrial precincts. The proposal does not
achieve compliance with this policy.
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Further to the abovementioned policies and pursuant to the Rural Industries Strategic
Framework Plan (Figure 5), the following objectives of the Planning Scheme are also
relevant considerations:
Protect intensive rural industries from competing land uses;
Promote intensive industries in preferred areas and throughout Greater Bendigo; and
Minimise potential for rural-rural living conflict.
Figure 5: Rural Industries Strategic Framework Plan and the application site (page 188 of the Greater
Bendigo Planning Scheme)
In addition to the policy direction in the Municipal Strategic Statement, the City has a
local policy being clause 22.05 - Industrial policy that applies to the use and development
of land for industry.
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Clause 22.05 has objectives and policies on facilitating economic development, the built
environment and amenity. This policy emphasises the previously proposed Marong
Business Park and East Bendigo as the preferred locations for industrial expansion. Of
particular relevance to this application is the policy which discourages industrial
development in rural areas of the municipality, unless they can demonstrate they are a
rural based enterprise that value-adds to the agricultural base of the municipality.
The proposal requests planning permission to locate industrial land uses in an area of
the municipality, which is also a Farming Zone that is not a preferred area for industrial
land uses. Whilst it is asserted the use is a rural based enterprise, it is best categorised
as industry – in fact it is heavy industry (involving steel fabrication and the like) and it
does not comply with Council’s industrial policy.
The use does generate employment and investment which is a significant positive,
however this does not overcome the fundamental inconsistency with policy that the use
of this land has.
Whether the proposal is suitable in the Farming Zone and consistent with the agricultural
policies of the Planning Scheme?
‘Industry’ is a not a prohibited use in the Farming Zone. However, because a use is
permissible in a zone does not infer that a permit should or will be issued. Relevant
considerations with respect to policy and the zone include:
i. The removal of agricultural land from potential agricultural productivity;
ii. The purposes and decision guidelines of the Farming Zone; and
iii. Will the proposal result in an acceptable outcome under the zone or be consistent
with the agriculture-related policies of the Planning Scheme.
The Planning Scheme emphasises the protection of productive agricultural land from
unplanned, permanent removal or incompatible adjoining uses (clause 14.01-1S) and
supports rural industry which contributes to agricultural production in cases where this
provides for diversification and value adding (clause 14.01-2S).
It is stated at clause 14.01-1S of the Planning Scheme that in assessing rural proposals,
planning and responsible authorities must balance the potential off-site effects of rural
land use proposals (such as degradation of soil or water quality and land salinisation),
which might affect productive agricultural land against the benefits of the proposals.
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It is submitted by the applicant, that the land is “identified as marginal farm land, having
little or no potential for profit when used for farming purposes” and that the proposal
“makes the best use of the land included in the zone, whilst not affecting the remaining of
the property and surrounding land for agricultural production”.
The assessing officer disagrees with this assertion as the land use proposed is inherently
not in accordance with the State and Local Planning Policy that relate to agricultural land
use, or the purpose of the Farming Zone.
The current use reduces the area of the land which could be used for a purpose
associated with an agricultural land use on the site. As has been noted previously, the
area of the land in which the use is being conducting is in fact increasing with recent site
observations and aerial photography showing an increase in the storage of materials
such as steel on site as well as a number of shipping containers.
ii. Consistency with the purposes and decision guidelines of the Farming Zone;
When considering the purposes of the Farming Zone as a whole, the primary focus is to
retain agricultural land for agricultural purposes and encourage employment which in turn
supports rural communities. The employment it encourages should relate to agriculture,
as otherwise it would not serve its primary purpose of encouraging the retention and
utilisation of land for the purpose of farming.
The application as submitted has failed to demonstrate how the proposal will encourage
employment or support rural communities.
Also, the proposal does not comply with the purpose and decision guidelines of the
Farming Zone for the following reasons:
The proposed use does not support or relate to the sustainable land management of
the site.
For the reasons outlined earlier in this report, the site is not suitable for the proposed
industrial land use. This use is encouraged to be located in an existing industrial area
within the municipality (which is where the use was previously operated from).
The location is convenient for the operator of the proposed land use in that they own
and occupy the site; however this is not a statutory planning consideration and does
not result in compliance with the Planning Scheme.
The proposed industrial uses do not support or enhance agricultural production on
the site.
The proposal will further detract from the possibility of the site being used for
agricultural production.
The numbers of vehicle movements to and from the site generated by this proposal
are significant - traffic associated with the use both by employees and the
transportation of goods to and from the site is the dominant use of the road. Amenity
issues relating to dust generated by truck movements as well as impacts on the road
itself (which is a City controlled/maintained, but is not constructed at a standard
appropriate for industry), can create conflict with the surrounding rural land uses and
the O’Keefe Rail Trail.
In addition, one of the key issues relevant to the proposal to consider under clause
35.07-6 is ‘whether the proposal is compatible with adjoining and nearby land uses”.
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In this case in recent months it has become evident to the City that the use is sometimes
operating in a quite inappropriate manner (with respect to extended operating hours),
which is having a detrimental impact on the amenity of the area, in terms of visual and
noise impacts.
iii. Will the proposal result in an acceptable outcome under the zone or be consistent
with the agriculture-related policies of the Planning Scheme?
The applicant's submission is that the use entails the manufacture and maintenance of
equipment predominantly for mining and agricultural industries. There is no compelling
benefit to be derived from locating the proposed industrial use in the Farming Zone as
the association with agriculture is not quantified in any way, nor if a permit were to be
issued could it be restricted in that way.
The location is presumably convenient for the landowner but that is not sufficient
justification for the proposal if it does not accord with the policies of the Planning
Scheme.
The proposal will not result in an orderly planning outcome and as discussed previously
in this report, conflicts with numerous local planning policies. It is likely the operation of
the proposed uses will result in an unreasonable burden on the rural environment,
amenity and infrastructure.
Recent Council decisions (including McKern Steel in Victoria Street, Eaglehawk and the
Dog Daycare proposal in Deborah Street, Quarry Hill) have reinforced the importance of
Council having sound evidence around amenity impacts to help inform decision making.
Both the aforementioned decisions (which Council supported), would not have been
possible without the benefit of acoustic evidence supporting how the proposal complies
with clause 13.05-1S – Noise abatement of the Greater Bendigo Planning Scheme.
The noise from heavy industry / steel fabrication can be significant and in the current
instance one of the two buildings from which the use operates is an open sided shed,
with the other being an enclosed shed (albeit with no acoustic attenuation). The balance
of the site contains ‘hard stand’ areas where material is stored to be moved into the
building for fabrication, or finished product being transported to and from the site.
The permit applicant in this case was given the same opportunity as other applicants to
support their non-complying use with evidence that either the use did, or could operate
appropriately if changes were made to operation, buildings modified (with respect to
noise), or evidence was presented and implemented as to how wastewater would be
managed.
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The permit applicant has not taken the opportunity to make the case that the impacts of
the use can be mitigated. The lack of policy support (the starting point for any planning
decision), or evidence that amenity and environmental risk can be addressed really gives
the City no option but to adopt the precautionary principle in this instance and not
support the application.
It is clear from the submissions received (some from residents over 500 metres away
from the use), that the use is having an amenity impact. Even if the policy merits of the
proposal stacked up, there would still be concern as to whether the proponent would
comply with permit conditions given the submissions indicate that at times the use
operates almost around the clock.
As stated earlier, the number of vehicle movements to and from the site generated by
this proposal are significant and traffic associated with the use, both by employees and
the transportation of goods to and from the site, is the dominant use of Ingham Road.
Amenity issues relating to dust generated by truck movement as well as impacts on the
road itself (which is City controlled/maintained, but is not constructed at a standard
appropriate for industry), can create conflict with the surrounding rural land uses and the
O’Keefe Rail Trail.
Minimal to no provision for staff parking has been made on the site and it has been
observed that loading and unloading of vehicles occurs in the road reserve.
VicRoads has not indicated a concern with the proposition, however observations of
vehicles (particularly those approaching the site from the south turning left into Ingham
Road), have been that trucks have to cross the road centreline in order to turn into
Ingham Road, which is not preferable.
The assessing officer is not convinced that the traffic impacts of the use are orderly or
acceptable.
i. The use of Ingham Road for the parking of vehicles associated with the use (up to
15-20 vehicles parked in the road reserve at time).
The application does not propose the provision of any on-site parking (there is
clearly opportunity to do so), instead relying on a rural road reserve to provide for
this. It is agreed that this arrangement is not satisfactory.
ii. Amenity impacts associated with noise. The objections specially note excessive
noise from the hammering of steel, steel dropping onto concrete; grinding, welding
and heavy vehicles manoeuvring; and the times this occurs; sometimes continuing
as late as 2:30 am or commencing from 5:30 am.
This issue has been considered earlier in this report. In the absence of evidence to
the contrary, the precautionary principle applies and the application should be
refused partly on the basis of this impact.
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iii. Amenity impacts associated with light. One of the two machinery sheds is open
sided and external lighting illuminate the valley and creates shadow in dwellings on
the opposite side of the valley.
This issue is difficult to address as the buildings (on which lights are affixed), were
constructed lawfully (without the need for planning approval), under Building Permits
on the basis they were claimed to be ‘farm/machinery sheds’.
Clearly they are not being used in this way at the moment and it is unlikely they will
be used in association with farming in the future on the basis of the applicant's
submission that the land has been “identified as marginal farm land, having little or
no potential for profit when used for farming purposes”.
Having said that, the ultimate outcome recommended in this case is that the use is
ceased on the land. If cessation of the use is the final result, the need for security
lighting (or the use/lighting of the sheds/ sites at unusual times of the day and night),
would no longer be present which would deal with this issue.
iv. Aesthetics – the appearance of the premise across the valley, and when viewed from
other viewpoints being inconsistent with a rural landscape.
The site at the current time has the appearance of an industrial premise, with the two
large sheds and extensive hard stand / open air storage of materials, equipment and
shipping containers.
With the exception of the sheds, the appearance of the site will improve at such time
as the use ceases. If the proponent were to appeal the refusal to grant this permit
(and the Tribunal saw fit to grant a permit), there could be requirements imposed to
address the visual appearance of the site.
v. Concern that if the use were permitted to continue, this could give rise to other
industrial uses on the land or impact property values (i.e. raising or lowering the
rateable value of the application site; having an impact on raising property values on
adjoining/nearby land).
There is no suggestion that the rest of the site will be used for an industrial purpose
and/or rezoned. Whether the proposal has a negative or positive impact on property
values is not a relevant planning consideration.
From time to time industrial activity is carried out on the road reserve at 45 Ingham’s
Road (loading and unloading, storing of materials, parking of employee vehicles etc.).
There is clear potential for these activities to create unsafe situations for users of the
O'Keefe Rail Trail. It is noted that the storage of materials or loading/unloading in a
road reserve is not an activity permitted or encouraged in Industrial zoned areas
either, with these uses at planning stage required to demonstrate that the site has
capacity to function appropriately utilising its own land.
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Conclusion
The use of land is not supported by planning policy with respect to industrial land use;
nor the purposes of the Farming Zone.
In the absence of evidence to the contrary, the use is not in compliance with the State
Environment Protection Policy with respect to noise.
The lack of an approved onsite effluent disposal system represents an environmental
risk.
The use is contrary to the principles of orderly planning, with respect to having
unacceptable amenity impacts.
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
Applicant's submission
Objections / submissions
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Document Information
Summary/Purpose
RECOMMENDATION
Pursuant to section 61 of the Planning and Environment Act (1987), Council resolve to issue
a Notice of Refusal to Grant a Permit for 2 lot subdivision and removal of native vegetation at
1 Melita Court, ASCOT 3551 on the following ground:
1. The subdivision will result in the removal of native vegetation which is not in keeping with
the design objectives of the Design and Development Overlay 7.
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Policy Context
Report
The subject site is located in an established residential area of Ascot. The site is
irregular in shape with an area of 4,000 square metres. A dwelling is located towards the
front of the site, with four small sheds scattered over the balance of the land. There is a
small patch of remnant trees in the northeastern part of the site.
Melita Court is comprised of 17 lots that are greater in size than traditional General
Residential areas. The lots range in area from 3,070 square metres to 1.15 hectares with
the majority being 4,200 square metres. The court is located in a setting which is
particularly characterised by lots having a backdrop of native vegetation, either scattered
trees or patches of trees. Each lot has been developed with a medium to large dwelling.
Most of the lots have native vegetation located along the lot boundaries.
Services, including reticulated water and sewerage, power, gas and telecommunications
are able to be connected to the site. Melita Court is a sealed court with no kerb and
channel. There is no footpath constructed along the court.
Figure 1: Location map showing subject site. Objector’s property is marked with a star.
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Proposal
The applicant seeks approval to subdivide the site into two residential lots. It is proposed
to subdivide the rear yard off to create a lot for a dwelling.
The site is in the General Residential Zone (GRZ) and is covered by the Design and
Development Overlay Schedule 7 (DDO7) and Bushfire Management Overlay 1 (BMO1).
A permit is required to subdivide land in the GRZ and BMO1 and remove vegetation
pursuant to Clause 52.17 provisions.
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Other Provisions
32.08 – General Residential Zone
43.02 – Design and Development Overlay
44.06 – Bushfire Management Overlay
52.17 - Native Vegetation
53.02 – Bushfire Planning
56 – Residential Subdivision
65 – Decision Guidelines
Consultation/Communication
Referrals
The following authorities and internal departments have been consulted on the proposal:
Referral Comment
Country Fire Authority No objection subject to conditions
Traffic & Design No objection subject to conditions
Drainage No objection subject to conditions
Public Notification
The application was advertised by way of notice on the site and letters to adjoining and
nearby owners and occupiers.
As a result of advertising, one objection was received, with the grounds of objection
being:
Concern regarding increased density of housing in an area traditionally known for
large allotments;
Devaluation of properties in the area.
Planning Assessment
The site is located within the DDO7, which provides the following design objectives for
residential development on larger allotments in Ascot:
To provide for residential development that retains native vegetation.
To retain the low density residential nature of the area by providing lot sizes at a size
greater than traditional urban standards.
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To ensure that subdivision enables new buildings to be integrated with their site and
surrounding area.
The Planning Scheme states that in addition to the decision guidelines in Clause 43.02,
planning staff must consider ‘whether the subdivision design and layout provides for the
retention and protection of existing native vegetation”. It is noted that the proposed lot
sizes of 2,314 and 1,686 square metres, meet the minimum lot size of 1,500 square
metres required in this area of Ascot.
The application, however, creates a concern with regard to the proposal to remove the
patch of trees, as shown in Figure 2. Melita Court is comprised of lots that are greater in
size than traditional residential areas. The court is set in a semi-rural setting which is
particularly characterised by lots having a backdrop of native vegetation, either scattered
trees of patches of trees.
The applicant suggested that instead of removing the trees, a building envelope and a
Section 173 Agreement sanctioning the retention of all trees on the lots could be
included on the title. Should this action be accepted, the future for retention of the trees
becomes a grey area. There is always an opportunity to vary or remove the Section 173
Agreement in the future and as the area of Lot 2 will be less than 4,000 square metres, a
permit is not required to remove native vegetation.
The proposal fails to meet the fundamental requirements of retaining and protecting the
existing vegetation on the lot. It is imperative that Council supports areas designated
with specific minimum lot sizes under the DPO7, to protect the future integrity of the
area, particularly Melita Court.
As the site is greater than 4,000 square metres, planning approval is required to remove
native vegetation.
The applicant proposes to remove one patch of trees, which have been assessed in the
low risk-based pathway. The applicant has provided a Biodiversity Assessment Report
which refers to the requirements for a vegetation offset.
However, as explained earlier in the report, the existing vegetation contributes to the
character, amenity and appearance of the area. One of the design objectives of the
Design and Development Overlay is to provide for residential development that retains
native vegetation. The removal of trees to allow future development on Lot 2 will
compromise the values of the area that this planning tool seeks to maintain.
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The site is affected by the BMO. The application was referred to the CFA, who had no
objection to the subdivision, subject to the inclusion of the mandatory condition and
approval of the submitted Bushfire Management Plan.
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, the
proposal does not comply with Clause 56.03-5, as the neighbourhood character, in
particular, the protection of significant vegetation, will be compromised, which is
discussed earlier in the report.
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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.
Conclusion
Based on the assessment of the character of the Melita Court residential area, the
proposed removal of a patch of trees does not accord with the design objective and
decision guideline required by the Design and Development Overlay 7 and therefore no
permit for subdivision should 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
Objection
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Document Information
Purpose
To summarise the outcomes of the exhibition process of the draft Heathcote Township
Plan, to adopt the Township Plan and seek authorisation to commence the Planning
Scheme Amendment process.
Summary
The Heathcote Township Plan has been through an exhaustive community engagement
process that has included numerous listening posts, community workshops and
information sessions.
A draft of the Heathcote Township Plan was exhibited for a period of one month. During
this time 10 submissions were received and the feedback has been included within the
revised document where possible.
The next step is for Council to adopt the Township Plan and begin implementation which
includes various changes to the Greater Bendigo Planning Scheme, various
infrastructure improvements that will occur over time and to advocate for service
improvements on behalf of the community.
RECOMMENDATION
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Policy Context
Strategy Reference
http://www.bendigo.vic.gov.au/About/Document-Library/greater-bendigo-residential-
strategy
The Loddon Mallee South Regional Growth Plan recognises the growth potential of
Heathcote but notes the need to consider bushfire hazard.
Background Information
Report
Heathcote has experienced strong growth in recent years and there is considerable
optimism in the town's future. To support this growth the Heathcote Township Plan has
been prepared.
The Heathcote Township Plan identifies what the important elements of the town are that
the community want protected and what services, facilities and infrastructure is required
to support future growth.
The draft Heathcote Township Plan was built on the input from these stakeholders,
detailed research and best practice reviews. Broadly speaking, the recommendations of
the Heathcote Township Plan fall within 3 categories:
Planning Scheme changes – making sure the planning controls are fit for purpose
and are clear and transparent.
Infrastructure and service improvements – what Council and other agencies can do to
make sure infrastructure and services meet the changing needs of the Heathcote
community.
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The draft also recommended the establishment of a Committee that would oversee the
implementation of the township plan, be a conduit for sharing information, provide advice
to Council and provide local input into projects. This Committee would be made up of
representatives from key groups and committees already existing within Heathcote as
well as general community members. The Committee would be established for a three
year period and would meet twice yearly.
The draft Heathcote Township Plan was exhibited for one month. During this time there
were 4 listening posts and City officers attended a number of meetings. Social media
was also used to promote the exhibition period. As a result of this, 10 submissions were
received which are largely supported. The following table is a summary of the
submissions and proposed response.
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The next step is for Council to adopt the revised Heathcote Township Plan and to begin
implementation, with a number of actions that can commence immediately. These
include commencing the Planning Scheme Amendment process, applying to Regional
Roads Victoria and establishing the Township Committee.
Other actions will be subject to future budget bids, the capital works budget, advocacy to
the State Government and other matters.
Priority/Importance:
Adoption and implementation of the Heathcote Township Plan is medium priority but
should commence immediately.
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Timelines:
The Planning Scheme Amendment process can commence immediately as can some
other actions. Other actions require budget bids or external funding and will be
implemented over time.
Risk Analysis:
It is considered that the risks associated with the Heathcote Township Plan are relatively
low, with the main risk being unsuccessful budget bids for infrastructure projects.
Consultation/Communication
Internal Consultation:
Ongoing consultation has been undertaken with a number of units across the City
including Statutory Planning, Engineering, Property Services, Community Partnerships,
Active and Healthy Lifestyles and Parks and Open Space. The advice and input from
these units has been critical in informing the Heathcote Township Plan. The Customer
Support team in the Heathcote Office have also played an important role throughout the
project.
External Consultation:
There has been ongoing community consultation within the Heathcote community. This
has included the establishment of a Community Reference Group to help oversee the
project and provide guidance. Other groups and organisations who have played an
important role include Advance Heathcote Inc, the Heathcote Community House and
Heathcote Health as well as numerous individuals who have contributed to the project.
Resource Implications
There will be costs associated with the Planning Scheme Amendment to implement the
Township Plan.
Budget will be required over time for infrastructure projects including new footpaths,
street tree plantings and preparation of a landscape plan for High Street.
Attachments
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Wellbeing and Fairness - Reports Ordinary Meeting - 17 July 2019
Document Information
Purpose
Summary
RECOMMENDATION
That Council endorse the updated ‘Northern Victorian Integrated Municipal Emergency
Management Plan: City of Greater Bendigo’, as the Municipal Emergency Management
Plan, in accordance with Section 21 (4) of the Emergency Management Act 1986.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Under the Emergency Management Act 1986, it is the responsibility of the Emergency
Management Planning Committee to prepare and maintain a Municipal Emergency
Management Plan (MEMP). The MEMP is a multi-agency plan managed by the
municipal council.
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The Integrated MEMPC has been the MEMP committee for City of Greater Bendigo
since December 2017.
Greater Bendigo Health and Wellbeing Plan 2017-2021 includes a ‘safe and secure’
priority area, and a commitment to lead community based emergency management
planning
The Rural Communities Strategy includes a commitment to support and provide for the
co-ordination of emergency services to assist rural areas and communities and to build a
high level of community resilience (Principle 2, p 30)
Background Information
The Integrated MEMP has been developed by the City of Greater Bendigo, and
Campaspe, Central Goldfields, Loddon and Mount Alexander Shires, comprising all the
member councils of the Northern Victoria Emergency Management cluster, in partnership
with many other stakeholders from emergency service organisations and relevant
government departments.
This integrated model allows for more efficient emergency management planning
through a reduction in duplication, and efficiencies through collaboration by allowing five
councils to plan and work together with other stakeholders using a shared model and
arrangements.
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The Integrated MEMP is available in two versions, a full version for members of the
Integrated MEMPC, including some confidential information, and a public version which
is made available on the council website.
Council appointed the Integrated MEMPC as the MEMPC for City of Greater Bendigo 13
December 2017
Council endorsed the previous version of the Integrated MEMP 18 April 2018.
Report
Meanwhile the Integrated MEMP has been produced in accordance with the provisions
of the Emergency Management Act 1986 (the Act) and guidelines contained in the
Emergency Management Manual Victoria, Part 6.
Section 21(3) of the Act states Council must appoint a Committee constituted by
members and employees of Council, Response and Recovery agencies and local
community groups involved in emergency management issues. Section 21(4) of the Act
requires the Committee to prepare a draft MEMP for consideration by Council.
Section 18(1) of the Act states that two or more municipal councils may cooperate in
relation to emergency management.
The legislation further states that although two or more municipal councils may plan and
act jointly in relation to emergency management, each Council is separately responsible
for discharging the responsibilities imposed by this Act
Prepare and maintain a Municipal Emergency Management Plan (MEMP) (Section
20)
Appointment of Municipal Emergency Management Planning Committee (MEMPC)
(Section 21).
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Priority/Importance:
Timelines:
The updated MEMP is due to be considered for adoption by the IMEMPC 1 August (after
Council has had an opportunity to consider it). The external audit of the MEMP is
scheduled for August 2019, to be led by the SES with input from Victoria Police and
DHHS. These audits are conducted every three years in accordance with the
Emergency Management Manual Victoria.
Progress:
It is a key priority for the five councils that make up the Cluster to develop an integrated
Emergency Management Plan that meets the legislative requirements, enables most
efficient and cost effective use of resources and ensures local knowledge and
arrangements can be maintained. Four of the five Cluster councils have now
successfully passed audit for their version of the Integrated MEMP, most recently
Campaspe Shire. The City of Greater Bendigo version of the IMEMP is the last audit
scheduled across the three year audit cycle.
Risk Analysis:
If the version of the MEMP that is presented for audit does not contain the most up to
date information there is a risk that it will not pass audit. In this situation SES would
require specific changes to be made to the MEMP, usually within a 90 day period.
The updated version attached includes minor changes that were suggested following the
recent audit process at Campaspe Shire.
The framework for the collaboration is governed by the Shared Local Government
Emergency Management Services (Northern Victorian Cluster) Memorandum of
Understanding, to which all members of the cluster are signatories.
A Service Agreement has been developed to accompany this document that outlines the
respective roles and responsibilities of the Cluster Co-ordinating Council (now City of
Greater Bendigo) and the cluster members.
Any dispute in relation to the delivery of services under the agreement will be referred to
the Local Government Shared Emergency Management Services Board (the Board), in
line with the Memorandum of Understanding.
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Consultation/Communication
Internal Consultation:
There has been a high level of consultation within City of Greater Bendigo, including
members of the Internal Emergency Management working group and others with roles
relating to emergency management. This input included suggestions on additional
information about traditional owners, climate change impacts and details to include in the
appendices relating to City of Greater Bendigo,
External Consultation:
Many members of the IMEMPC and its sub-committees have contributed to updating the
MEMP. Every meeting of the MEMPC allocates some time to reviewing a specific
chapter of the MEMP. The feedback received during the Campaspe audit process has
been incorporated into the revised MEMP.
Resource Implications
A cost benefit analysis conducted on behalf of Local Government Victoria concluded that
there are some savings to be made through collaborative approaches to emergency
management across a number of councils, including the Northern Victorian Emergency
Management Cluster.
Each of the five councils provides a financial contribution to the Cluster, with City of
Greater Bendigo now currently leading coordination of the Integrated MEMP and
MEMPC. The City of Greater Bendigo and other cluster councils have signed an MoU
that outlines the arrangements that will be in place until June 2020. The City of Greater
Bendigo financial contribution for 2018/19 under this MoU has been $30,105 and will
increase by CPI for 2019/20.
The council officer time involved in supporting the development and maintenance of the
Integrated MEMP is largely funded under the Municipal Emergency Resourcing Program
(MERP). City of Greater Bendigo receives $60,000 per year MERP funding from state
government under a four year funding agreement. It is hoped that decisions about
funding under the MERP program beyond June 2020 will be announced later this year.
Attachments
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Document Information
Purpose
The Draft All Ages All Abilities Issues and Opportunities Report provides a framework to
enable the Council to understand and respond to a range of priority issues that impact
children, young people, people with a disability and older adults.
It has been informed by extensive community and key stakeholder consultation, literature
review, analysis of current demographic data and key trends and relevant local, state
and federal policy.
RECOMMENDATION
That Council:
1. Release for public exhibition the Draft All Ages All Abilities Issues and Opportunities
Report for a four week period and invite public submissions especially from
children, young people, people with a disability and older adults.
2. Receive a further report summarising the feedback provided during the period of
public exhibition and seek endorsement of the final All Ages All Abilities Issues and
Opportunities Report and All Ages All Abilities Action Plan.
~~~~~~~~~~~~~~~~~~~~~~~~~
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Wellbeing and Fairness - Reports Ordinary Meeting - 17 July 2019
Policy Context
Goal #1 Healthy and well - The Greater Bendigo community has good
physical and mental health supported by healthy lifestyles.
Goal #2 Safe and secure - The Greater Bendigo community lives free from
violence and abuse, is protected from environmental risks and is
supported to live affordably.
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(1) A public sector body must ensure that a Disability Action Plan is prepared for the
purpose of-
(a) reducing barriers to persons with a disability accessing goods, services and
facilities;
(b) reducing barriers to persons with a disability obtaining and maintaining
employment;
(c) promoting inclusion and participation in the community of person with a disability;
(d) achieving tangible changes in attitudes and practices which discriminate against
persons with a disability.
Background Information
The Greater Bendigo Community Plan 2017–2021, states the following plans are
required to support participation and development for residents of all ages and abilities.
Community Access and Inclusion Plan (2015-2018),
Municipal Early Years Plan (2015-2018) and
Positive Ageing Strategy (2011-2014).
With three plans up for renewal at the same time, there was opportunity to consolidate
resources and streamline community consultation to develop an All Ages All Abilities
Issues and Opportunities Report.
In developing the report, consideration was given to the priority areas identified in the
current Youth Strategy (2017-2021).
The next step is developing an All Ages All Abilities Action Plan to outline the strategic
direction and commitment to improving health and wellbeing outcomes across the age
spectrum for all community members in Greater Bendigo.
10 December 2018 – presented to Council Briefing a report on the plan to develop an All
Ages All Abilities Action Plan that takes a life-stage approach to activating the priorities
identified in the Greater Bendigo Health and Wellbeing Plan (2017 – 2021).
Report
The Draft All Ages All Abilities Issues and Opportunities Report provides an overview of
the policy context, demographic profile, engagement process, key themes identified
during community engagement, City initiatives that respond to those themes and
opportunities for further development or investigation.
The themes identified are grouped under the Greater Bendigo Health and Wellbeing Plan
domains:
Healthy and well
Safe and secure
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Able to participate
Connected to community and culture
Liveability.
The community engagement confirmed the priority areas in the existing Greater Bendigo
Health and Wellbeing Plan. However there was stronger emphasis on particular priority
areas such as mental health, homelessness and food insecurity.
The All Ages All Abilities Action Plan will be developed to align with the Greater Bendigo
Health and Wellbeing Plan timelines. The action plan will commence in October 2019
and conclude 2021. It will be reviewed and updated annually to identify continuous
improvements and evaluate outcomes.
Priority/Importance:
Developing the All Ages All Abilities Issues and Opportunities Report and Action Plan is
of high importance as it renews the City’s commitment to children, young people, people
with a disability and older adults. It enables the City to deliver on its vision, goals and
objectives in the Community Plan. The report provides an evidence base to inform
decisions about community issues relating to health and wellbeing and the future needs
of a growing population.
Timelines:
Progress:
Not commenced.
Risk Analysis:
The Draft All Ages All Abilities Issues and Opportunities Report and the development of
the action plan, is a major strategic initiative that supports a significant proportion of our
population. It presents the City’s commitment to people of all ages and all abilities and
their families. Key risks are mitigated by following clear processes; ensuring the action
plan is supported by appropriate resourcing, clear communication that manages public
expectations and monitoring and implementation. Feedback on the Draft All Ages All
Abilities Issues and Opportunities Report will ensure that the final All Ages All Abilities
Action Plan is aligned with community priorities.
Consultation/Communication
Internal Consultation:
The All Ages All Abilities project is supported by a Project Steering Group of key internal
stakeholders.
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Wellbeing and Fairness - Reports Ordinary Meeting - 17 July 2019
External Consultation:
The Draft All Ages All Abilities Issues and Opportunities Report was developed by a
project team consisting of members from Community Partnerships and Community
Wellbeing Units and was supported by a Project Steering Group.
Community engagement was undertaken during January and February 2019 and
included:
Attendance at over 40 events, workshops or meetings.
Face-to-face engagement with over 1400 community members.
430 online surveys completed.
55 representatives from early years, aged and disability organisations attended a
Provider Forum.
20 City of Greater Bendigo attended a Staff Forum.
Key themes:
Positive Ageing Advisory Committee (PAAC) – The committee spoke about improved
information sharing about what is happening in Greater Bendigo, access to health
services and healthy food.
Disability Inclusion Reference Committee (DIRC) – improved communication and
information sharing, accessible parking and volunteering were topics of interests to
the DIRC. Committee members spoke about the positive vibe of Greater Bendigo and
how it is blossoming as a city.
Youth Council – appreciated the events and celebrations in Greater Bendigo and
spoke about the city becoming more diverse. Members wanted increased access to
mental health services and retention of university students through links with local
businesses.
Marong Primary School –students spoke about the need for better internet access.
Heathcote Bush Market – the community were passionate about how diverse,
progressive and friendly the community is. Many residents spoke about wanting a
dog park.
Kangaroo Flat Primary –students were concerned about homelessness,
disadvantage and food insecurity.
Neighbourhood Houses – Community members spoke about homelessness, access
to services and public transport.
Jenny’s Early Learning Centre Maiden Gully – children spoke about great
playgrounds and pools.
Engagement activities were tailored and targeted to the audience recognising the
diversity of the population in age, health, social and economic backgrounds, language
and the different preference styles of the population.
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Wellbeing and Fairness - Reports Ordinary Meeting - 17 July 2019
The next stage- If Council agree to release the Draft All Ages All Abilities Issues and
Opportunities Report for a four week period of public exhibition, the project team will
focus on closing the loop with community members who took part in the engagement.
This will be achieved through creative media such as posters, social media posts and
development of a video.
Resource Implications
The ongoing implementation and review of the All Ages All Abilities Action Plan will be
coordinated within the existing resources of the Community Partnerships and Community
Wellbeing Units.
Additional annual resources for programs and activities will be achieved via Federal and
State Government grants opportunities and additional budget will be requested in the
2020/2021 budget. The 2019/2020 actions will be aligned to the resourcing in the
2019/2020 budget.
Ongoing governance for the All Ages All Abilities Action Plan will be the responsibility of
the Health and Wellbeing Plan - Working Group.
Attachments
Nil
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Wellbeing and Fairness - Reports Ordinary Meeting - 17 July 2019
Document Information
Purpose
To publicly recognise and introduce the seven community members who have been
selected to participate in the Greater Bendigo Rural Communities Committee for the term
July 2019 to July 2021.
To formally acknowledge and thank the outgoing (and inaugural) Rural Communities
Committee members for their contributions.
Summary
The Committee provides an important forum for rural community leaders, Councillors and
City of Greater Bendigo (City) staff to collaborate on rural community wellbeing, vibrancy
and resilience.
The inaugural Committee meeting was held in March 2017, with the Committee term of
appointment being two years.
A public recruitment process for the new Committee membership commenced in May
2019. 17 Expressions of Interest were received for up to nine available Committee
positions. Following a shortlisting and interview process, seven community members
have been selected to participate in the Committee.
This report provides an opportunity for Council to publicly recognise and introduce the
seven community members who have been selected to participate in the Committee, as
well as to formally acknowledge and thank the outgoing (and inaugural) Committee
members for their contributions.
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Wellbeing and Fairness - Reports Ordinary Meeting - 17 July 2019
RECOMMENDATION
That Council:
- formally recognise the following seven community members who have been
selected to participate in the Greater Bendigo Rural Communities Committee for
the term July 2019 to July 2021:
Bruce Anderson
Carly Threlfall
Craig Guy
Heather Wearne
John Beurle
Katie Nadebaum
Meagan Douglas
- formally acknowledge and thank the following outgoing (and inaugural) Greater
Bendigo Rural Communities Committee members for their contributions:
Alan Jacobs
Bruce Anderson
Gilbert Rayner
Gloria Pocock
Heather Wearne
Isabelle Gaye
Jennifer Jones
Jennifer White
Pam Rogers
Peter Maine
Thomas Zahle
Helen O’Donohue
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
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Wellbeing and Fairness - Reports Ordinary Meeting - 17 July 2019
http://www.bendigo.vic.gov.au/About/Document-Library/rural-communities-strategy
Background Information
Since its establishment, the Committee has played an important role in providing advice
to Council about key rural community issues and opportunities, as well as supporting the
development and progression of collaborative responses.
In May 2019 a letter was sent to existing Committee members advising that it was time to
‘refresh’ the Committee membership. The letter noted that recruitment for the new
Committee membership would involve a public Expression of Interest (EOI) process
centred on commitment to rural community leadership and advancement plus
appropriate knowledge, skills and experience. Existing Committee members were invited
to submit an EOI.
EOIs were publicly sought through local newspapers and community newsletters, the
City’s website and social media platforms, as well as through staff email networks.
August 31, 2016: Council adopted the Greater Bendigo Rural Communities Strategy.
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Wellbeing and Fairness - Reports Ordinary Meeting - 17 July 2019
Report
The EOI process required all interested community members to respond to four
standardised questions. Those questions focused community member consideration on
what strengths they thought they could bring to the Committee, what rural community
issues and opportunities they were most passionate about and why, what they would like
the Committee to strive to achieve as well as their personal knowledge and skills.
Seventeen EOIs were received in total. Four applicants were community members with
previous Committee involvement whilst the remaining 13 applicants were community
members with no previous Committee involvement. One applicant was not a Greater
Bendigo resident.
All EOI’s received were assessed and shortlisted by the current Committee Chairperson,
Councillor Wrigglesworth, and the City’s Coordinator Strong Communities, Deb Simpson.
The following points were taken into consideration in assessing the EOIs:
whether the applicant was a Greater Bendigo resident
whether the applicant was a Greater Bendigo rural community resident
the applicant’s demonstrated passion for / commitment to rural community
wellbeing, vibrancy and resilience
the applicant’s relevant knowledge, skills and experience
the applicant’s breadth of perspective on rural community issues and opportunities
the applicant’s networks
The interviews were conducted by Councillors Wrigglesworth and Pethybridge and the
City’s Coordinator Strong Communities, Deb Simpson on June 24, 2019.
Priority/Importance:
The Committee provides an important forum for rural community leaders, Councillors and
City of Greater Bendigo (City) staff to collaborate on rural community wellbeing, vibrancy
and resilience.
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Wellbeing and Fairness - Reports Ordinary Meeting - 17 July 2019
Consultation/Communication
External Consultation:
The opportunity to submit an EOI for Committee membership was publicly advertised
through a range of mediums.
Resource Implications
Attachments
Nil
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Strengthening the Economy
Environmental Sustainability Ordinary Meeting - 17 July 2019
Nil.
5. ENVIRONMENTAL SUSTAINABILITY
Nil.
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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 17 July 2019
Document Information
Purpose
Summary
The RP follows the strategic framework of Reconciliation Australia and its Reconciliation
Action Plan program, and focuses on the three themes of Relationships, Respect and
Opportunities. Under each theme are a series of practical actions (93 actions in total)
that drives the organisation’s contribution to reconciliation both internally and within the
Greater Bendigo community.
The majority of actions have now been completed with initiatives continuing to be
delivered across the organisation. Of the 93 actions, 49 actions have been achieved, 30
are in progress, and 8 are yet to be progressed. Following internal and external
consultation in early 2018, it was decided not to progress six actions due to changing
community need and the consolidation of other actions.
City staff have identified key areas of focus for the organisation going forward. In the
coming 12 months, this will include improving cultural safety across the organisation,
enhancing economic participation through procurement and employment, and
strengthening cultural competency and awareness of staff and Councillors through
various training opportunities.
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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 17 July 2019
Throughout the RP’s implementation, a report will be prepared and presented to Council
annually for the life of the plan. This report focuses on the key achievements in relation
to the Action Plan for the January 2018 to January 2019 period.
RECOMMENDATION
That Council acknowledge the Year Two Progress Report for the City of Greater Bendigo
Reconciliation Plan 2016-2019, and endorse the identified key priority areas for the
organisation for the coming 12 months.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Principle 3 Realising the unique values and the social and economic potential of
our rural communities
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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 17 July 2019
Objective 3.6: That Council continue to work with the Dja Dja Wurrung and
Taungurung communities to ensure that the City’s indigenous heritage
is appropriately protected, recognised and celebrated
Background Information
The City of Greater Bendigo continues to develop and enhance positive relationships
with Aboriginal and Torres Strait Islander peoples. The City’s Reconciliation Plan (2016-
2019) (the RP) articulates Council’s commitment to supporting the reconciliation process
and to closing the gap of disadvantage between Aboriginal and Torres Strait Islander
peoples and other Australians.
The RP follows the strategic framework of Reconciliation Australia and its Reconciliation
Action Plan program, and focuses on the three themes of Relationships, Respect and
Opportunities. Under these themes, the RP identifies 22 objectives and 93 actions using
a ‘whole-of-Council’ action planning framework.
The RP is due for completion at the end of 2019. The City will work in partnership with
the Traditional Owners, the broader Aboriginal and Torres Strait Islander community and
the RP Steering Committee to evaluate the outcomes of the RP and to commence
planning on a new plan. City staff will commence discussions with Reconciliation
Australia from late 2019 to ensure the new RP is formally endorsed as a Reconciliation
Action Plan or ‘RAP’. The Reconciliation Australia endorsement process takes 9 months
on average to complete.
The RP responds to the City’s legislative responsibilities under the Victorian Charter of
Human Rights and Responsibilities Act 2006; the Aboriginal Heritage Act 2016; and the
Dja Dja Wurrung – Victorian Government Recognition and Settlement Agreement as part
of the Traditional Owner Settlement Act 2010.
Council endorsed the Reconciliation Plan (2016 – 2019) on June 29, 2016.
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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 17 July 2019
Report
The RP provides Council, the local Aboriginal community and the broader community
with a clear understanding of the City of Greater Bendigo’s commitment to reconciliation
and the local Aboriginal community. In November 2018, the City and the Reconciliation
Plan Steering Committee reviewed the annual implementation of the RP, and this report
highlights key achievements over the previous 12 months.
Since its launch, City staff have delivered the majority of RP actions across the
organisation. Of the 93 actions, 49 actions have been achieved, 30 are in progress, and
8 are yet to be progressed. Following feedback from external and internal stakeholders in
early 2018, it was decided not to progress six actions due to changing community needs
and the consolidation of some original actions (see Attachment 2).
Over the past 12 months, the City has achieved significant progress especially in relation
to: increasing staff awareness and understanding of reconciliation and the local
Aboriginal and Torres Strait Islander community; improved partnerships and relationships
with key Aboriginal organisations and networks at both the local and state level;
increased employment opportunities through designated positions and traineeships; and
showcasing Aboriginal and Torres Strait Islander performances and artists through the
Capital Venue and Events.
City support for key DDWCAC initiatives, including the Regional Centre for Culture,
the Aboriginal Cultural Heritage & Land Management Agreement (ACHLMA) at
Crusoe Reservoir, and the Five Year Review of the Dja Dja Wurrung Recognition
and Settlement Agreement (RSA).
Since November 2017, 105 staff have attended Aboriginal Cultural Awareness
Training, and additional training was offered in relation to Cultural Heritage
Management Plans, Conversation Circles in partnership with the Bendigo
Reconciliation Group, and Self-Reflections Sessions.
City support for local events including annual NAIDOC Week and Reconciliation
Week activities, and the 2018 Treaty Roadshow with the Victorian Treaty
Advancement Commissioner, Gill Gallagher.
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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 17 July 2019
Employment of three Aboriginal staff (two Aboriginal trainees and a First Nations
Curator at the Bendigo Art Gallery) with one Aboriginal trainee successfully
securing ongoing employment in November 2018.
The City continues to take an increasing leadership role in reconciliation at both the
regional and state level. In 2018, City staff established the Central Victorian Local
Government Reconciliation Network as a new peer network for all local government staff
working in reconciliation across the region.
Since November 2018, City staff are also contributing to the current review of the
Victorian Aboriginal & Local Government Action Plan (VALGAP). Membership of this
state-wide policy group includes Victorian Government agencies, the Victorian Aboriginal
Heritage Council, the Municipal Association of Victoria, and all leading Victorian
Aboriginal agencies. The City and Darebin City Council are the only local government
representatives invited to sit on this group.
While significant progress has been achieved, City staff and the RP Steering Committee
have identified key areas of focus for the organisation in the coming 12 months. This will
ensure the City is able to respond to changing community sentiment, strengthen our
leadership role in reconciliation across the municipality and region, and further embed
reconciliation principles across the entire organisation.
The RP Steering Committee will prioritise the following projects for the next 12 months:
Increased cultural safety and cultural responsiveness across the organization via a
range of training and learning opportunities and greater visibility of Aboriginal and
Torres Strait Islander culture across the municipality.
Increased engagement with the Taungurung Land and Waters Council following the
adoption of the Taungurung RSA in October 2018.
Review the current RP and commence the planning of the City’s new RP or
‘Reconciliation Action Plan’ in consultation with Traditional Owners, the local
Aboriginal community, City staff and Reconciliation Australia.
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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 17 July 2019
Priority/Importance:
Timelines:
The RP commenced in June 2016 and will be reviewed and evaluated in late 2019.
Risk Analysis:
The RP reflects the City of Greater Bendigo’s commitment to reconciliation. It has been
developed to enable the City to support the reconciliation process and to help close the
gap of disadvantage between Aboriginal and Torres Strait Islander peoples and other
Australians. Key risks identified include:
Poor cultural safety and cultural responsiveness across the organisation which
prevents the City from being seen as an inclusive and welcoming space for
Aboriginal clients, customers or potential employees.
City staff are currently working to mitigate these risks in the following ways:
Roll out of cultural safety measures across the organisation, such as cultural
awareness and education, ‘good news stories’, improved visibility of Aboriginal
culture and protocols, and the establishment of the internal Reconciliation
Champions Network.
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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 17 July 2019
Consultation/Communication
External Consultation:
The City worked directly with Aboriginal and Torres Strait Islander people in the planning
and development of the RP. Throughout its implementation, regular consultation has
occurred with the Traditional Owners, local Aboriginal community organisations, and key
Aboriginal and Torres Strait Islander representatives.
The City’s Inclusive Communities Officer with a focus on the RP undertakes regular
community consultation and engagement, through a series of one-on-one and group
meetings.
Internal Consultation:
Regular consultation is undertaken through the City’s Reconciliation Plan Steering
Committee and a summary of the RP’s progress to date was reviewed and discussed at
the November 2018 and March 2019 Steering Committee meetings.
Extensive internal consultation has occurred with the City Service Units responsible for
implementing specific actions under the RP.
Resource Implications
Attachments
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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 17 July 2019
Learning Centre.
4. Publicly promote e. Integrate into the City’s Communications This is an ongoing action. Information currently included in
Aboriginal culture and communication platforms and external and internal platforms, including:
increase public opportunities awareness about Inclusion in Australia Day address;
recognition of the Aboriginal culture and social Social media post on key events (Federal Apology to the
significant contributions contributions including; Stolen Generation, NAIDOC Week, Indigenous Film Festival);
of Aboriginal and Torres • GB magazine; Internal staff newsletters and bulletins.
Strait Islander people to • Increasing prominence of information
Australian / Bendigo on the City’s website; GB Magazine featured two articles on the local Aboriginal
society. • Recognition in Australia Day speeches community: Wanyarram Dhelk project (September 2018) and
and communication; and possum skin cloaks at the Bendigo Library (December 2018).
• Acknowledgement of Participation in
ANZAC day speeches and
communications
g. Undertake a reconciliation art project Community Wellbeing Childrens' Aboriginal art activities and art display held in
at City owned / managed early learning November 2017 and 2018 at Annie Galvin Early Learning
centres and display art project in the Centre. Staff worked with Wiradjuri artist, David Dunn, on
centres series of children's art and crafts workshops.
Aboriginal artworks currently on display at Annie Galvin Early
Learning Centre (created and donated by a City staff
member).
5. Increase participation a. Complete a diversity audit of Community Partnerships Action completed.
and influence of organisational committees Diversity Audit of CoGB committees and City staff (see Action
Aboriginal and Torres 15.d) completed in late 2018, and results currently being
Strait Islander people in analysed by the Community Partnerships and People &
the City's decision making Culture Units.
processes. b. Identify committees, reference groups Community Partnerships All on track.
and project groups in partnership with Aboriginal and Torres Strait Islander representation
Aboriginal and Torres Strait Islander confirmed for the following City committees: Public Arts
people that are of cultural and social Advisory Committee, Heritage Advisory Committee, Fire
interest for greater involvement. Prevention Committee, Positive Ageing Committee.
Representatives of DDWCAC are engaged in the Reimagining
Bendigo Creek project (and associated Traditional Owner
sub-committee), the City's bid for the UNESCO City of
Gastronomy, and the development of key City strategies
such as the Arts & Creatives Industries and Economic
Development strategies.
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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 17 July 2019
c. Encourage staff to attend events Community Partnerships City staff are regularly encouraged to attend key Aboriginal
related to significant weeks and days and Torres Strait Islander dates and events. The appointment
of an Inclusive Communities Officer in November 2017 has
allowed for greater event promotions and awareness raising
to City staff.
There was increased staff attendance at key events in 2018,
including NAIDOC and Reconciliation Week events, visit of
the Victorian Treaty Advancement Commissioner, Launch of
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b. Where appropriate, support Bendigo Art Gallery Action achieved with successful repatriation of 60 Dja Dja
Registered Aborginal Parties regarding Wurrung artefacts to the Bendigo Art Gallery in October
the repatriation of Traditional Owner 2018.
artefacts. Staff from the Bendigo Art Gallery, DDWCAC and the Burke
Museum worked in close collaboration on the successful
repatriation.
20 Dja Dja Wurrung artefacts went on public display at the
Art Gallery for 6 weeks (October/November 2018), and DDW
community members delivered a series of public community
talks.
c. Work with Registered Aboriginal Community Partnerships Commenced Aboriginal Cultural Heritage Land Management
Parties to identify and explore Agreement (ACHLMA) pilot project at Crusoe Reservoir & No.
opportunities for the renewal of cultural 7 Park Bendigo in 2016, in partnership with Aboriginal
practices Victoria and DDWCAC. Phase 1 (desktop assessment of
Aboriginal and European cultural heritage) completed in
2018, and DDWCAC conducting on-site survey in February
2019.
City remains a supporting partner on the Wanyarram Dhelk
project, working with DDWCAC and North Central Catchment
Management Authority to deliver land management and
restoration works on 3 local sites. Phase 1 of the project
completed in 2018, and DDWCAC successful in securing
additional state government funding for 2019.
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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 17 July 2019
d. Promote awareness of the City's Community Wellbeing Action completed in 2017 and continues to be delivered.
Home & Community Care service to Home Support staff through RAS complete all referrals for
Aboriginal & Torres Strait Islander services on the My Aged Care portal.
people City services are promoted through information sessions
(including NDIS-specific sessions) and invitations are
distributed through BDAC networks.
Fortnightly meetings are held between Assessment Officers
and Access and Support Officers (AMICUS) to support clients
and to ensure clients receive in home assessment.
12. Engage effectively b. Partner with Bendigo & District Community Partnerships Action on track, and engagement with BDAC in 2018 included the
with Aboriginal and Torres Aboriginal Co-operative to run quarterly following:
Strait Islander residents to community meetings to provide BDAC representation on the City’s Reconciliation Plan
increase opportunities for information and hear from community Steering Committee;
representation in decision members, information may include: Ongoing City participation on BDAC Health & Wellbeing
making, civic participation • Upcoming opportunities such as; Partnership meetings;
and understanding about community grant and grant writing Inclusive Communities Officers supported BDAC youth group
the responsibilities of workshops, youth programs, community school holiday program (including artwork in April 2018, and
Local Government. art forums, business development Girls Yarning Day Out during NAIDOC Week);
events, citizenship awards; City support for launch of the BDAC Koorie Youth Film
• Feedback on strategies, plans and Events.
projects; and
• Functions/ roles of local government Increased City focus on relationship building in 2018 with
and assisting to access the organisation activities including:
Executive meeting between Craig Niemann and Raylene
Harradine in October 2018,
A joint partnership between BDAC and the City to host the
10th Anniversary of Federal Apology to the Stolen
Generation;
BDAC staff participation in the City's Conversation Circles;
BDAC staff member, Baydon Widdicombe, is providing
support to the internal Reconciliation Champions Network
workshops and conversations.
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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 17 July 2019
14. Support Aboriginal b. Develop and promote to staff a list of Community Partnerships Early draft of list has been developed, however this action is
and Torres Strait Islander Aboriginal and Torres Strait Islander likely to be progressed as part of the City's collaborative
businesses and enterprise and businesses that can be project on Aboriginal procurement in Local Government. See
enterprises used to procure goods and services Action 14.c. There is an opportunity to partner with the
Bendigo Local Aboriginal Network (LAN) on developing an
Aboriginal Business list, in line with the Victorian LAN Five
Year Plan 2016-2020. This will be discussed further in 2019.
c. Explore the issues and challenges that Community Partnerships Support provided to Aboriginal businesses in 2018, included:
face Aboriginal and Torres Strait Islander NAIDOC Koori Kids initiative; Murnong Mummas; Djandak
enterprise and business and address Enterprises; and a number of Aboriginal sole traders and
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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 17 July 2019
identified issues through reviewing consultants (including local artists and facilitators).
processes and structures, and Aboriginal Procurement is identified as a priority area for
supporting capacity building 2018/2019.
opportunities. As of June 2018, the City was successful in its application for
a FAST Grant (awarded $36K). Project is investigating
improvements to Aboriginal business procurement within
local government. This is a collaborative project between the
City (as lead Council), Loddon Shire, and Mount Alexander
Shire Councils. An external specialist procurement
consultancy (ArcBlue) was engaged in October 2018 to
oversee the project. The stakeholder engagement phase and
a Local Government Procurement Workshop were held in
November 2018 (30 attendees). The Feasibility Study will be
completed in early 2019.
15. Increase employment b. Review HR and recruitment People and Culture All on track, and City staff continue to review recruitment
opportunities for procedures and policies to ensure there procedures:
Aboriginal and Torres are no barriers to Aboriginal and Torres Recruitment and selection documentation has been
Strait Islander peoples Strait Islander employees and future reviewed to encourage applications from Aboriginal and
with an aim of working applicants participating in our workplace Torres Strait Islander employees.
towards a participation and develop strategies to respond to Documentation on the City's website and recruitment
rate that reflects the barriers identified. adverts has been updated.
Aboriginal and Torres Measures put in place to make City recruitment processes
Strait Islander population more culturally appropriate and safe, and Aboriginal and
in Greater Bendigo non-Aboriginal mentoring support is provided to current
Aboriginal staff, in partnership with BDAC.
c. Develop a business case and explore People and Culture This action is being progressed by individual business units.
resource options for designated
Aboriginal and Torres Strait Islander Recent employment outcomes include:
positions. Two Aboriginal trainees commenced in the People & Culture
Unit as part of a 12 month traineeship (Cert III in Business
Trainee, in partnership with CVGT).
A 2-year traineeship was secured for Parks & Recreation
(Certificate in Land Management) with the trainee
commencing in January 2019.
A First Nations Curator commenced at the Bendigo Art
Gallery in July 2018 (12 month position).
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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 17 July 2019
b. Increase City Early Years Staff Community Wellbeing Action completed in January 2018.
awareness of the “early start to kinder Maternal and Child Health (MCH) services promote Early
grant” and promote to eligible families Start to Kinder with all identified Aboriginal and Torres Strait
Islanders families as part of business. The Off To An Early
Start (OATES) program facilitates these enrolments as
necessary.
The MCH and OATES programs continue to identify and
engage with eligible children and their families for the Early
Start Kinder Program.
19. Provide opportunities c. Promote the Integration of local and Bendigo Art Gallery Exhibitions and events held at Bendigo Art Gallery in 2018
to showcase Aboriginal regional Aboriginal and Torres Strait include:
and Torres Strait Islander Islander art and programs into the Guest presentation by Tashara Roberts NAIDOC Week 2018;
Culture, art and history to exhibitions of the Bendigo Art Gallery. Public display of 20 Dja Dja Wurrung artefacts (November
the wider community Including: • Proposing to the Bendigo 2018) following successful repatriation process from the
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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 17 July 2019
f. Include Aboriginal and Torres Strait Capital Venues and Events Action on track and is exceeding targets. Events and productions
Islander artists into the annual delivered in 2018 include:
programming for the Capital, Venues Ilbijerri Theatre performance of Which Way Home in June
and Events 2018.
Annual NAIDOC Week exhibition hosted at Dudley House
(2018 exhibition again curated by Janet Bromley on behalf of
the NAIDOC Week Committee).
'EMERGE in Bendigo' partnership between CoGB and
Multicultural Arts Victoria with key activities including
EMERGE Cultural Gatherings, CHRYSALIS exhibition (in
February 2018) and the EMERGE Hub at the Easter Festival.
The Enlighten Projection Festival held in August 2018 and
featured local Aboriginal artists (Tashara Roberts, Jida
Gulpillil and Janet Bromley) and projections included as part
of White Night.
CVE provided resourcing and support for two major arts
events and programs: Artslands Victoria conference in
October 2018 and the Regional Centre for Culture Program
featuring the Dja Dja Wurrung YAPENYA Ceremony in
November 2018.
An Adnate artwork of a Dja Dja Wurrung woman was
relocated to Ulumburra Theatre in November 2018, in
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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 17 July 2019
h. Support the capacity building of Capital Venues and Events Action on track and is exceeding expectations. Actions delivered
Aboriginal artists and groups and access in 2018 include:
to opportunities. Capacity building may The Capital Venues and Events Unit provides annual support
involve assistance with: grant for Tanderrum rehearsals (through the use of City facilitates)
applications, budgets, access to and access to Dudley House for art exhibitions including
information. NAIDOC Week.
Delivered a number of events as part of the ‘Emerge in
Bendigo’ and the Enlighten Projection Festival. Both projects
provide opportunities for Aboriginal and culturally diverse
communities. See Action 19.f.
The City awarded a Medium Community Grant to the
Bendigo Local Aboriginal Network to support an arts trailer
project for local Aboriginal artists. This project commenced
in late 2018.
CVE support for the staging the Regional Centre for Culture’s
YAPENYA production (November 2018).
The City completed its new Arts & Creative Industries
Strategy which features a strong emphasis on Traditional
Owners, Aboriginal culture and heritage, and supporting
local artists and groups.
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Embracing Our Culture and Heritage - Reports Ordinary Meeting - 17 July 2019
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Lead and Govern For All - Reports Ordinary Meeting - 17 July 2019
Document Information
Purpose
For Council to endorse and make public its submission on new local government reforms
proposed by the Victorian Government.
Summary
In mid-June the Victorian Government announced that it proposed to include a further six
reforms to local government in Victoria in a new Local Government Bill to be introduced
into State Parliament later this year.
The new reforms outlined in the Local Government Reform Paper include:
1. Simplifying voting enrolments in council elections particularly for non-resident
ratepayers;
2. Eliminating multi-member wards which form the basis of the electoral structure of the
Greater Bendigo City Council;
3. Introducing mandatory training for council election candidates and councillors;
4. New limits on campaign donations;
5. Setting clear standards of conduct to guide councillor behaviour and new measures
to deal with misconduct more efficiently; and
6. Introducing two new pathways that can lead to the disqualification of a councillor:
a) for repeated findings of serious misconduct; and
b) community initiated commissions of inquiry.
The attached submission broadly supports all the reforms except for items 2 and 6b. The
submission notes that some aspects of the reforms require clarification or further detail.
A five week consultation period commenced with the announcement of the proposed new
reforms.
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Lead and Govern For All - Reports Ordinary Meeting - 17 July 2019
RECOMMENDATION
That Council endorse the attached submission to the Victorian Government on its
proposed six new reforms to the administration of local government in Victoria.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
City of Greater Bendigo Community Plan 2017-2021: Goal 1: Lead and govern for all.
Background Information
In Victoria, the legal basis for Councils is established under the Constitution Act 1975 and
the Local Government Act 1989.
A Bill intended to become the new Local Government Act was introduced into State
Parliament in May 2018, but lapsed when Parliament expired before the November 2018
Victorian election.
According to the Government the new Bill will retain the substance of the 2018 Bill and
will include six additional reforms designed to ‘further improve and strengthen’ the Bill.
The rating provisions will remain in the Local Government Act 1989 until the rating
system review finalises its recommendations to Government in May 2020. The aim is to
ensure that any changes made to the rating system address the findings of the review.
Report
The six additional reforms proposed by the government were announced in June.
Council’s submission provides a detailed response to the proposed reforms.
Council generally supports the proposal to more closely align its electoral roll with the
State.
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Lead and Govern For All - Reports Ordinary Meeting - 17 July 2019
Whilst a consistent electoral structure for local government is worth investigating, Council
considers that ensuring representation is genuinely local and accountable means
allowing each council to determine the electoral structure that works for it and its
community. The Greater Bendigo municipality currently consists of three wards with three
Councillors each. Such a structure would be prohibited under the proposed reforms, but it
is working well for Bendigo and its Councillors; creating a healthy balance of strategic
decision making and local representation.
Reform 3 - Training
It is proposed to introduce new training requirements on candidates and councillors to
improve competency, skills and transparency.
Council supports both mandatory training for election candidates and mandatory
councillor induction training.
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Lead and Govern For All - Reports Ordinary Meeting - 17 July 2019
There will be two clear new pathways that can lead to disqualification:
Council does not support the proposed community initiated Commission of Inquiry. Under
the proposal, the Minister would appoint a Commissioner to conduct an inquiry into the
affairs of a council or councillor upon receipt of a petition signed by at least 25% of the
voting population for that council. One of Council’s concerns is that the proposal unfairly
prejudices smaller regional councils with correspondingly small voter bases.
Priority/Importance:
It is important that Council participate in the consultation given the Local Government Act
1989 forms the legal basis for all Councils in Victoria.
Consultation/Communication
The submission was prepared in consultation with Councillors and following briefings and
discussions with Local Government Victoria, Municipal Association of Victoria and the
Victorian Local Governance Association.
Resource Implications
Attachments
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Lead and Govern For All - Reports Ordinary Meeting - 17 July 2019
1. Simplified Franchise
Council generally supports the proposal to more closely align its electoral roll with the
State.
However, it is unclear on the terms of the proposal what involvement, if any, Council
would be expected to have in the reformed process of establishing the electoral roll. For
example, would it be Council or the VEC that manage the application process for non-
resident property owners?
The current procedures to establish the electoral roll are onerous. Council would
welcome a reform that removes that administrative burden from it and, on that basis,
supports this reform if the entire process (including transitional arrangements) is
managed by and at the expense of the VEC.
2. Electoral Structures
In fact, Council considers that the proposed electoral structure reforms could result in a
number of adverse consequences that would serve to undermine the goal of greater
accountability. For example:
The representation a ward receives is directly correlated with the quality of the
candidates standing for that ward. A single-member ward structure has the
potential to dilute the pool of candidates for certain ward areas and result in some
wards having no strong advocacy at Council.
For local government areas experiencing significant growth, such as Bendigo, multi-
member wards allow a council to be flexible enough to accommodate that growing
population without frequently needing to review its ward boundaries.
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Lead and Govern For All - Reports Ordinary Meeting - 17 July 2019
Council submits that ‘genuinely local’ representation in the form of single member wards
will not necessarily result in the best decision making for the municipality as a whole.
Council agrees that in some respects it is sensible to align local government with State
government practices, but it does not consider that electoral structures are an area that
warrants such alignment.
Whilst a consistent electoral structure for local government is worth investigating, Council
considers that ensuring representation is genuinely local and accountable means
allowing each council to determine the electoral structure that works for it and its
community. The Greater Bendigo municipality currently consists of three wards with
three Councillors each. Such a structure would be prohibited under the proposed
reforms, but it is working well for Bendigo and its Councillors; creating a healthy balance
of strategic decision making and local representation.
3. Training
Council supports both mandatory training for election candidates and mandatory
councillor induction training.
The proposal indicates that the nature of the mandatory candidate training will be the
subject of further consultation and then prescribed in Regulations. Council submits that
the mandated training must:
provide candidates with realistic information about the time commitment required
to properly undertake the role of a councillor. For example, ensuring candidates
understand that in addition to ‘in the office’ hours for briefings and council
meetings, councillors are expected to work significant out of office hours to read
council papers and attend community events. It is important to recognise that
communities expect their elected councillors will be visible and available to their
constituents. Our Councillors frequently devote more than 20 hours a week to
their role.
Council already undertakes an induction program for its Councillors and is supportive of
reforms to make such training mandatory.
4. Donation Reform
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Lead and Govern For All - Reports Ordinary Meeting - 17 July 2019
5. Improved Conduct
The quality of the prescribed standards of conduct is critical to the effectiveness of this
proposal. Thorough consultation with the sector to develop the standards will be vital and
Council looks forward to working with the Government in this regard.
Council considers that for the greatest cost and time efficiencies issues of conduct
should be resolved at the lowest level of formality and process wherever possible.
Accordingly, Council would like to ensure that it has the flexibility to oblige
Councillors to attempt to resolve conduct matters by negotiation or potentially
mediation prior to requiring a formal arbitration process. Will Council have the
flexibility to incorporate such a process into its code of conduct or alternatively, will
the terms of the Bill require similar preliminary processes?
6. Community Accountability
Council does not support the proposed community initiated commission of inquiry. Under
the current proposal, the Minister would appoint a Commissioner to conduct an inquiry
into the affairs of a council or councillor upon receipt of a petition signed by at least 25%
of the voting population for that council. The proposed reforms are vague and raise a
number of questions and concerns for Council:
One obvious issue with the proposal is that it unfairly prejudices smaller regional
councils with correspondingly small voter bases. Loddon Shire, for instance, has a
population which is less than 10% of the size of Greater Bendigo and a petition
could be successfully lodged with as few as 1,000 signatures instead of the
25,000 it would take for Bendigo.
It follows that for councils with large populations (including Bendigo) the petition
process is unlikely to ever be successful; a petition for the City of Casey would
require around 75,000 signatures be obtained within 60 days. The result would be
an inequitable system where small councils are left vulnerable and the petition
process is effectively tokenistic for populations of large councils.
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Lead and Govern For All - Reports Ordinary Meeting - 17 July 2019
Whilst an applicant to the VEC must give brief reasons for the petition it is
currently unclear if petitions must have a proper basis. How would applications
which are clearly vexatious or frivolous be dealt with?
Signatures would be collected in the prescribed manner. Will this include email
signatures? What measures will the VEC use to verify the people purportedly
signing the petition intended to do so, have done so once only and are genuine
residents of the municipality?
Council considers that as with State and Federal politics the opportunity for the
community to judge the performance of its elected officials is, and should remain, at an
election. Further, there are already multiple agencies established in the Victorian integrity
framework that are well placed to independently assess council and councillor conduct,
including the Local Government Inspectorate, the Independent Broad-Based Anti-
Corruption Commission, the Office of the Victorian Information Commissioner and the
Office of the Victorian Ombudsman.
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Lead and Govern For All - Reports Ordinary Meeting - 17 July 2019
Document Information
Purpose
For Council to approve the new Instrument of Delegation by Council to Members of Staff.
Summary
The principles of statutory interpretation require that delegation under some legislation is
given by Council directly to specific staff rather than via sub-delegation from the CEO.
Once adopted, the new Instrument of Delegation by Council to Members of Staff will
formalise Council’s delegation to staff of its various powers, duties and functions under
those Acts and Regulations.
RECOMMENDATION
2. authorise the Chief Executive Officer to execute and affix Council’s common seal
to the Instrument of Delegation.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Council demonstrates leadership in its decisions to meet future needs and challenges.
Background Information
Delegation of legislative powers from Council and CEO to staff is necessary to facilitate
the functioning of the organisation.
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Lead and Govern For All - Reports Ordinary Meeting - 17 July 2019
Using Maddocks’ pro forma documents as a base, an extensive suite of delegations has
been developed which is in line with Maddocks’ best practice guidance. The revised
suite of 4 new instruments covers nearly 100 pieces of legislation.
Adopting these instruments will enable staff across the organisation to better understand
the legislation that governs the City’s operations, and the extent of the obligations that
exist. The instruments will also promote good governance by improving clarity,
transparency and accountability with respect to delegations.
Report
The City’s legal services team have developed four new instruments to replace the
current one, based on the pro-forma suite of documents produced by Maddocks.
The new instruments are not intended to significantly change the way the organisation
operates or shift decision making authority. The instruments reflect the delegation status
quo, albeit in a more specific and detailed way.
The CEO is empowered to execute three of the instruments; as the legislative powers
set out in those instruments either vest directly in the CEO or, more commonly, have
already been delegated by Council to the CEO and are able to be further sub-delegated
to staff.
One of the instruments contains legislative powers which must be delegated by Council
directly to specific members of staff. This is because sub-delegation is not permitted
under some legislation due to the rules of statutory interpretation.
Consultation/Communication
Two periods of consultation were undertaken across the organisation. An initial draft was
circulated and staff were invited to provide submissions. The City’s legal services team
met with many units individually to discuss their specific requirements or to provide
clarity. With that feedback received, the instruments were revised and re-issued for final
comment, which resulted in some further changes.
Resource Implications
Nil
Attachments
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Lead and Govern For All - Reports Ordinary Meeting - 17 July 2019
Document Information
Purpose
The purpose of this report is to provide the record of any assembly of Councillors, which
has been held since the last Council Meeting, so that it can be recorded in the Minutes of
the formal Council Meeting.
RECOMMENDATION
That Council endorse the record of assemblies of Councillors as outlined in this report.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Background Information
1. A planned or scheduled meeting that includes at least half the Councillors (5) and a
member of Council staff; or
2. An advisory committee of the Council where one or more Councillors are present.
The requirement for reporting provides increased transparency and the opportunity for
Councillors to check the record, particularly the declarations of conflict of interest.
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Lead and Govern For All - Reports Ordinary Meeting - 17 July 2019
Report
Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 20 May 2019
Matters discussed 1. Smart Cities update
2. Industrial Land Development Strategy
3. Huntly DCP and communications update
4. Golden Square Revitalisation Project
5. Bendigo Tourism Board Strategic Plan
6. Deliberative Democracy
7. Regional Sustainable Development unit update
Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Andrea Metcalf
Cr Mal Pethybridge
Cr James Williams
Cr Yvonne Wrigglesworth
Staff/ Mr Craig Niemann
Community Mr Bernie O'Sullivan
Representatives Mr Andrew Cooney
Mr Steven Abbott
Ms Debbie Wood
Ms Miki Wilson
Mr Greg Painter
Apology:
Ms Vicky Mason
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Lead and Govern For All - Reports Ordinary Meeting - 17 July 2019
Meeting Information
Meeting Hearing of Public Budget Submissions
Name/Type
Meeting Date 22 May 2019
Matters discussed Fourteen (14) public budget submitters presented to Council
Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Andrea Metcalf
Cr Mal Pethybridge
Cr James Williams
Cr Yvonne Wrigglesworth
Staff/ Mr Craig Niemann
Community Mr Bernie O'Sullivan
Representatives Mr Andrew Cooney
Ms Vicky Mason
Ms Debbie Wood
Ms Miki Wilson
Mr Nathan Morsillo
Ms Loren L'Hotelier
Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 27 May 2019
Matters discussed Parking Plan Workshop
Attendees/Apologies
Councillors Cr Rod Fyffe
Cr Jennifer Alden
Cr George Flack
Cr Andrea Metcalf
Cr Mal Pethybridge
Cr James Williams
Cr Yvonne Wrigglesworth
Apologies:
Cr Margaret O'Rourke
Cr Matt Emond
Staff/ Mr Craig Niemann
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Lead and Govern For All - Reports Ordinary Meeting - 17 July 2019
Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 3 June 2019
Matters discussed 1. Huntly DCP update
2. Strathdale Community Centre
3. Redesdale Community Hub
4. Delegations
5. Industrial Land Strategy update
6. Budget 2019/2020
7. Waste and recycling
Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr Andrea Metcalf
Cr James Williams
Cr Yvonne Wrigglesworth
Apology:
Cr Mal Pethybridge
Staff/ Mr Craig Niemann
Community Mr Bernie O'Sullivan
Representatives Mr Andrew Cooney
Ms Vicky Mason
Ms Debbie Wood
Ms Miki Wilson
Mr Greg Painter
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Lead and Govern For All - Reports Ordinary Meeting - 17 July 2019
Meeting Information
Meeting Advocacy - Melbourne
Name/Type
Meeting Date 5/6 June 2019
Matters discussed Meetings with Premier, State Ministers and Parliamentary
Departmental Secretaries
Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Andrea Metcalf
Cr Mal Pethybridge
Cr James Williams
Apologies:
Cr Rod Fyffe
Cr Yvonne Wrigglesworth
Staff/ Mr Craig Niemann
Community Mr Bernie O'Sullivan
Representatives Mr Andrew Cooney
Ms Vicky Mason
Ms Debbie Wood
Ms Aleisha Verwoert North
Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 12 June 2019
Matters discussed 1. Waste and recycling
2. Industrial Land Development Strategy
3. Greening Greater Bendigo update
4. Pound Animal Shelter update
5. Bendigo Islamic Community Centre update
Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Jennifer Alden
Cr Matt Emond
Cr Rod Fyffe (part)
Cr Andrea Metcalf
Cr Mal Pethybridge
Cr James Williams
Cr Yvonne Wrigglesworth
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Lead and Govern For All - Reports Ordinary Meeting - 17 July 2019
Apology:
Cr George Flack
Staff/ Mr Craig Niemann
Community Mr Bernie O'Sullivan
Representatives Mr Andrew Cooney
Ms Vicky Mason
Ms Debbie Wood
Mr Greg Painter
Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 17 June 2019
Matters discussed 1. GovHub
2. Lake Eppalock Action Group
3. Renewable Energy update
4. Child Safe Standards
5. Update on Costerfield and Fosterville mines
6. Affordable Housing Action Plan
7. Long-term Financial Plan
8. Bat Management Plan
Attendees/Apologies
Councillors Cr Rod Fyffe
Cr Jennifer Alden
Cr Matt Emond
Cr Andrea Metcalf
Cr Mal Pethybridge
Cr James Williams
Cr Yvonne Wrigglesworth
Apologies:
Cr Margaret O'Rourke
Cr George Flack
Staff/ Mr Bernie O'Sullivan
Community Mr Andrew Cooney
Representatives Ms Vicky Mason
Ms Debbie Wood
Mr Greg Painter
Apology:
Mr Craig Niemann
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Lead and Govern For All - Reports Ordinary Meeting - 17 July 2019
Document Information
Purpose/Summary
The purpose of this report is to provide information on contracts recently awarded under
delegation.
RECOMMENDATION
That the contracts awarded under delegation, as outlined in this report, be acknowledged
by Council.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
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Lead and Govern For All - Reports Ordinary Meeting - 17 July 2019
Report
Delegated
Contract No Project Successful Contractor Date Signed
Officer
Capital Contracts
Huntly Early Years Facility Upgrade Gerard K House Pty Ltd Craig Niemann 5 June 2019
CT000458
Price: $1,285,276.35 Practical Completion: 30 March 2020
Delegated
Contract No Project Successful Contractor Date Signed
Officer
Bernie 12 June
#GetTruckWise Campaign Deakin University
O’Sullivan 2019
CT000467
Price: $248,619.00 Practical Completion: 31 July 2020
Service Contracts
Contract Delegated
Project: Successful Contractor: Date Signed
Number Officer:
Supply and Delivery of One (1)
Bucher Municipal Pty Ltd Debbie Wood 3 June 2019
Suctions Sweeper - Lease
Current annual Council Budget for the goods/services contracted via this schedule of rates in
$65,964.00
PAGE 159
Ordinary Meeting - 17 July 2019
8. URGENT BUSINESS
Nil.
9. NOTICES OF MOTION
Nil.
RECOMMENDATION
That Council close the meeting to members of the public pursuant to Section 89(2)(d) of
the Local Government Act 1989 to consider a report relating to a contractual matter.
PAGE 160