MINUTES Ordinary Meeting of Council - City of ...
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MINUTES Ordinary Meeting of Council 6.00pm Wednesday 12 December 2018 *** Broadcast live on Phoenix FM 106.7 *** VENUE: Reception Room, Bendigo Town Hall, Hargreaves Street, Bendigo NEXT MEETING: Wednesday23 January 2019 Bendigo Town Hall Copies of the City of Greater Bendigo Council’s Agendas & Minutes can be obtained online at www.bendigo.vic.gov.au PAGE 1
This Council Meeting is conducted in accordance with Local Law No. 8. It is an offence for any person to engage in improper or disorderly conduct at the meeting. Council Vision Greater Bendigo - creating the world's most liveable community. 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 • Presentation and Managing Growth • Wellbeing and Fairness • Strengthening the Economy • Environmental Sustainability • Embracing our Culture and Heritage • Lead and Govern for All PAGE 2
ORDINARY MEETING WEDNESDAY 12 DECEMBER 2018 ORDER OF BUSINESS: ITEM PRECIS PAGE ACKNOWLEDGEMENT OF COUNTRY 5 PRAYER 5 PRESENT 5 APOLOGIES 5 SUSPENSION OF STANDING ORDERS 5 PUBLIC QUESTION TIME 5 RESUMPTION OF STANDING ORDERS 5 CR WILLIAMS' REPORT 7 DECLARATIONS OF CONFLICT OF INTEREST 8 CONFIRMATION OF MINUTES 9 1. PETITIONS AND JOINT LETTERS 11 1.1 PETITION: GUM TREES IN CASUARINA GARDENS 11 (KANGAROO FLAT) 2. PRESENTATION AND MANAGING GROWTH 13 2.1 616-618 MIDLAND HIGHWAY, HUNTLY 3551 - USE AND 13 DEVELOPMENT OF LAND FOR A SERVICE STATION AND ASSOCIATED CAR PARKING; CREATION OF AN ACCESS TO A ROAD ZONE CATEGORY 1; AND DISPLAY OF ADVERTISING SIGNAGE 2.2 141 DON STREET, BENDIGO 3550 - USE AND 34 DEVELOPMENT OF LAND FOR A MEDICAL CENTRE - AMENDED PERMIT & PLANS - (AMEND CONDITION 7 TO INCREASE NUMBER OF PRACTITIONERS FROM 1 TO 3 AND AMEND PLANS ACCORDINGLY) 2.3 POTENTIAL DISPOSAL OF 49 NAPIER STREET 46 EAGLEHAWK (POST PUBLIC HEARING OF SUBMISSIONS) PAGE 3
3. WELLBEING AND FAIRNESS 52 3.1 SPRING GULLY MOUNTAIN BIKE TRAIL NETWORK 52 MASTER PLAN 4. STRENGTHENING THE ECONOMY 59 5. ENVIRONMENTAL SUSTAINABILITY 59 6. EMBRACING OUR CULTURE AND HERITAGE 59 7. LEAD AND GOVERN FOR ALL 60 7.1 COUNCILLOR APPOINTMENTS TO COMMITTEES FOR 60 2018/2019 7.2 RECORD OF ASSEMBLIES 64 7.3 CONTRACTS AWARDED UNDER DELEGATION 71 8. URGENT BUSINESS 73 9. NOTICES OF MOTION 73 10. COUNCILLORS' REPORTS 74 11. MAYOR'S REPORT 77 12. CHIEF EXECUTIVE OFFICER'S REPORT 79 13. CONFIDENTIAL (SECTION 89) REPORTS 80 13.1 Confidential Report in accordance with Section 89(2)(d) of 80 the Local Government Act relating to a contractual matter 13.2 Confidential Report in accordance with Section 89(2)(d) of 80 the Local Government Act relating to a contractual matter ____________________________ CRAIG NIEMANN CHIEF EXECUTIVE OFFICER PAGE 4
Ordinary Meeting - 12 December 2018 ACKNOWLEDGEMENT OF COUNTRY PRAYER PRESENT 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 Mr Craig Niemann (Chief Executive Officer) Mr Bernie O'Sullivan (Director, Strategy and Growth) Mr Lincoln Fitzgerald (A/Director, Health and Wellbeing) Ms Debbie Wood (Director, Presentation and Assets) Mr Andrew Cooney (Director, Corporate Performance) Ms Miki Wilson (A/Manager Governance) APOLOGIES Ms Vicky Mason (Director, Health and Wellbeing) SUSPENSION OF STANDING ORDERS That Standing Orders be suspended to allow the conduct of [Community Acknowledgement section] and Public Question Time. RESOLUTION Moved Cr Fyffe, seconded Cr Flack. That Standing Orders be suspended to allow the conduct of [Community Acknowledgement section] and Public Question Time. CARRIED PUBLIC QUESTION TIME RESUMPTION OF STANDING ORDERS That Standing Orders be resumed. PAGE 5
Ordinary Meeting - 12 December 2018 RESOLUTION Moved Cr Fyffe, seconded Cr Flack. That Standing Orders be resumed. CARRIED PAGE 6
Ordinary Meeting - 12 December 2018 CR WILLIAMS' REPORT Cr Williams reported on his attendance at the following meetings and events: “The world’s most liveable region. What a month it has been in delivering and enhancing both the regions reputation and skills in not only delivering the world’s junior table tennis tournament at our brand new Bendigo stadium. With 30 countries and players from every continent represented and over 100 competitors support staff and a weeklong tournament that was broadcast to the world. Attended what will be my final Bendigo Stadium Board meeting this month. I pass on both my thanks and best wishes to all involved in this fantastic organisation that in partnership with all tiers of government has delivered what is a world class venue to the people of our region. As mentioned earlier we hosted the world’s under eighteen table tennis championships. This was beamed live back to China and Japan with many millions of viewers watching a tournament hosted in Bendigo, live in their lounge rooms. It is one of a number of world class venues including the recently opened Gurri Wanyarra heated pool and the Ulumbarra theatre that continue to deliver world class entertainment and opportunities to the people of Bendigo and our region. The delivery of regular passenger travel from Sydney to Bendigo by Qantas is a great coup for the region. This should attract travellers from across the region and world to provide both jobs and opportunities for business, tourism, sport and travel within the Bendigo and surrounding districts. It adds value in so many ways and has been a long term plan of previous council to both grow Bendigo and enhance the liveability and access to our city. The new 1400m runway and the enhancement of the airport precinct with sewage, power and other upgrades like safety requirements will mean more jobs and opportunities for Bendigo. It will remain a focus for council for some years to come. It is delivering outcomes of this nature that makes us all proud to be associated with Bendigo and districts and it has been through the strength and commitment of council and its many partners including the state and federal governments that we have been able to provide opportunities and jobs to the broader region. I have always said council is an enabler for the people, be it liveability, jobs, access and infrastructure and it is projects like these and the new hospital, the Calder freeway, our train links to Melbourne… “. PAGE 7
Ordinary Meeting - 12 December 2018 DECLARATIONS OF CONFLICT OF INTEREST Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 (as amended) direct and indirect conflict of interest must be declared prior to debate on specific items within the minutes; 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) direct financial interest (b) indirect interest by close association (c) indirect interest that is an indirect financial interest (d) indirect interest because of conflicting duties (e) indirect interest because of receipt of an applicable gift (f) indirect interest as a consequence of becoming an interested party (g) indirect interest as a result of impact on residential amenity (h) conflicting personal interest A Councillor who has declared a conflict of interest, must leave the meeting and remain outside the room while the matter is being considered, or any vote is taken. Councillors are also encouraged to declare circumstances where there may be a perceived conflict of interest. Cr Williams declared a conflict of interest (by close association) in the Presentation and Managing Growth Report No., 2.1 (616-618 Midland Highway Huntly – Use and Development of Land for a Service Station and Associated Car Parking; Creation of an Access to a Road Zone Category 1; and Display of Advertising Signage) as he has family members residing in close proximity to the proposed development. Cr Flack declared a conflict of interest (direct financial interest) in the Presentation and Managing Growth Report No. 2.3 (Potential Disposal of 49 Napier Street, Eaglehawk (Post Public Hearing of Submissions) as he owns and operates in the premises adjacent to this piece of land. Cr Metcalf declared a perceived conflict of interest (indirect interest because of conflicting duties) in the Presentation and Managing Growth Report No. 2.3 (Potential Disposal of 49 Napier Street, Eaglehawk (Post Public Hearing of Submissions) as she is employed by Cr Flack. PAGE 8
Ordinary Meeting - 12 December 2018 CONFIRMATION OF MINUTES Minutes of the Special Meeting of 20 November 2018. The following items were consider at the Special Council Meeting held on Tuesday 20 November 2018 at 6:00pm: • Election of Mayor for 2018/2019 • Congratulations to Newly Election Mayor • Response by Mayor for 2018/2019 and Report by Mayor for 2017/2018 • Response to Mayor's Report for 2017/2018 • Election of Deputy mayor for 2018/2019 • Congratulations to Newly Elected Deputy Mayor • Response by Deputy Mayor for 2018/2019 • Report by Deputy Mayor for 2017/2018 • Response to Deputy Mayor's Report for 2017/2018 • Recording of the Oath of Office by Cr Malcolm Pethybridge for Whipstick Ward Councillor Minutes of the Ordinary Meeting of 21 November 2018 at 6.00pm. The following items were considered at the Ordinary Council meeting held on Wednesday 21 November 2018 at 6.00pm: • Response to Petition - Request for Dog Park in Heathcote • CA 27A, CA 27E and CA 28C) CA 27A Lyell Road, Redesdale - Re-subdivision of the Land into 3 Lots, Construction of 3 Dwellings, Creation of Carriageway Easement and the Creation and Alteration of Access to a Road in a Road Zone Category 1 • Community Grants Program - Assessment Panel Member Appointments • Greater Creative Bendigo • Council Meeting Dates 2018/2019 Mayoral Term • Finance Report Quarter One (1) • Updated Instrument of Delegation to Chief Executive Officer • Appointment of Independent Members of the Audit and Risk Committee • Record of Assemblies • Contracts Awarded Under Delegation • Section 89 Report: Confidential Contractual Matter • Section 89 Report: Confidential Contractual Matter • Section 89 Report: Confidential Contractual Matter • Section 89 Report: Confidential Contractual Matter The unconfirmed minutes have also been posted on the City of Greater Bendigo website pending confirmation at this meeting. PAGE 9
Ordinary Meeting - 12 December 2018 RECOMMENDATION That the Minutes of the Special Council Meeting held on Tuesday 20 November 2018 and the Ordinary Meeting of Council held on 21 November 2018, as circulated, be taken as read and confirmed. RESOLUTION Moved Cr Williams, seconded Cr Alden. That the recommendation be adopted. CARRIED PAGE 10
Petitions and Joint Letters Ordinary Meeting - 12 December 2018 1. PETITIONS AND JOINT LETTERS 1.1 PETITION: GUM TREES IN CASUARINA GARDENS (KANGAROO FLAT) [Petitions and joint letters with ten (10) or more signatures are included in the agenda or tabled at the meeting, unless there is a separate legal process for considering the petition or joint letter, as there is for planning submissions or submissions following public notices (Section 223 LGA)]. The following petition has been received from residents in the Casuarina Gardens area in Kangaroo Flat regarding the gum trees in the vicinity of the Gardens: "We are petitioning for the removal of said gum trees, considering them to be a fire hazard. This estate is mostly made up of older citizens who will be stressed about the amount of mess that comes from gum trees being to close to residences. We do not understand why our council would allow gums to be lining our streets. If we lived on a farm, we would never plant gum trees so close to our houses because of the obvious fire risk. This would also be the advice we would get from the fire services. So why would council put our lives and homes at risk of fire. We are hoping that someone will listen to us. We have moved to this lovely new estate and really do not want to spend the rest of our lives cleaning gutters, paths and gardens from the mess the gums will make. Not to mention the worry that comes with gums and fire. As the rate payers of these properties we feel we should have some say about the trees placed in front of our homes. We have built low maintenance properties because for the majority of us, our age. Now we have high maintenance trees in terms of clean up and fire danger. We sincerely hope that we will be heard and common sense will prevail". Signatures - 21 PAGE 11
Petitions and Joint Letters Ordinary Meeting - 12 December 2018 RECOMMENDATION That the petition be received and a response be prepared within two (2) meetings. ~~~~~~~~~~~~~~~~~~~~~~~~~ RESOLUTION Moved Cr Emond, Seconded Cr Fyffe. That the recommendation be adopted. CARRIED PAGE 12
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018 2. PRESENTATION AND MANAGING GROWTH 2.1 616-618 MIDLAND HIGHWAY, HUNTLY 3551 - USE AND DEVELOPMENT OF LAND FOR A SERVICE STATION AND ASSOCIATED CAR PARKING; CREATION OF AN ACCESS TO A ROAD ZONE CATEGORY 1; AND DISPLAY OF ADVERTISING SIGNAGE Document Information Author Grace Paisley, Planner Responsible Bernie O’Sullivan, Director Strategy and Growth Director Summary/Purpose Application details: Use and development of land for a service station and associated car parking; creation of an access to a Road Zone Category 1; and display of advertising signage Application No: DC/794/2017 Applicant: GD Design Consultants Pty Ltd Land: 616-618 Midland Highway, HUNTLY 3551 Zoning: Commercial 1 Zone Road Zone 1 Overlays: Nil No. of objections: 34 Consultation 12 June 2018 meeting: Key considerations: • Whether the proposal is consistent with the Greater Bendigo Planning Scheme. • Will the proposal result in unacceptable traffic issues? • Does the proposal pose unacceptable, off-site amenity impacts? • Is the design of the proposed buildings and signage acceptable? Conclusion: The proposed use and development is an acceptable outcome with regards to the relevant Planning Scheme provisions and is recommended for approval. PAGE 13
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018 RECOMMENDATION Pursuant to section 61 of the Planning and Environment Act (1987), Council resolve to issue a Notice of Decision to Grant a Permit for the use and development of land for a service station and associated car parking; creation of an access to a Road Zone Category 1; and display of advertising signage at 616-618 Midland Highway, HUNTLY 3551 subject to the conditions at the end of this report: Cr Williams declared a conflict of interest (by close association) in the Presentation and Managing Growth Report No., 2.1 (616-618 Midland Highway Huntly – Use and Development of Land for a Service Station and Associated Car Parking; Creation of an Access to a Road Zone Category 1; and Display of Advertising Signage) as he has family members residing in close proximity to the proposed development. Cr Williams left the meeting. RESOLUTION Moved Cr Pethybridge, Seconded Cr Flack. That the recommendation be adopted. CARRIED Cr Williams returned to the meeting. ~~~~~~~~~~~~~~~~~~~~~~~~~ Policy Context City of Greater Bendigo Community Plan 2017 – 2021 Goal 4: Presentation and managing growth • Planning, developments and infrastructure that increase our liveability and pride in where we live. Goal 6: Embracing our culture and heritage • Recognise and celebrate our unique history and diverse cultures. PAGE 14
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018 Report Subject Site and Surrounds The subject site is located on the south eastern side of the Midland Highway, is rectangular in shape with an overall area of 2,024sqm (made up of two 1,012sqm parcels). The land is vacant and cleared of all vegetation. The site has road abuttals on three sides with a frontage of 40.24m onto Midland Highway, 50.29m onto Burgoyne Street and 40.24m onto Greene Street. It is located within the Commercial 1 Zone. Land within the General Residential Zone is located to the south east. The lot immediately opposite the site on Greene Street is currently vacant. To the north east, the site is adjoined by Council land within the Public Use Zone, which contains the former Huntly Shire chambers. The site is located within the centre of the Huntly commercial area with the Huntly Bakery, IGA and other retail premises located on the opposite side of the Midland Highway. Figure 1: Aerial map showing subject site. PAGE 15
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018 Figure 2: Location map showing subject site. Objectors’ properties marked with a star, noting there are additional objections which are not located on the map. Proposal Use The proposal details the use of the site for a service station and associated convenience store. The use will operate seven days per week through the hours of 6am to 10pm. Development The proposed layout will see the construction of a 100.1sqm canopy, under which two sets of truck bowsers will be located close to the north eastern boundary. This canopy will be 13.09m from the south eastern boundary and 1m from the north eastern boundary. The canopy will have an overall height of 5.7m. A larger canopy (374.44sqm) will also be constructed, under which six sets of bowsers will be located. The canopy will be setback 6.83m from the north western boundary and 4.425m from the south western boundary. The canopy will have an overall height of 5.7m. A 240sqm convenience shop will be constructed 3m from the south western boundary and 6.7m from the south eastern boundary. The building will have an overall height of 3.67m and a simple rectangular form. The loading bay and outdoor storage areas will be located at the rear of the building. PAGE 16
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018 The layout dictates that vehicles will enter from Midland Highway (south bound traffic only) and via an entry and exit on Burgoyne Street. An exit only crossover is proposed onto Greene Street which will be right turn only and dedicated for use primarily by heavy vehicles. Eight car spaces are proposed along the frontage of the convenience shop building. Signage Signage will take the form of an 8 metre high, internally illuminated pylon style sign displaying the service station branding and the fuel prices, along with signage to the canopies and convenience shop facades. The majority of the signage will be the company corporate colours of blue and red. Altered Access to the Road Zone The proposal creates a crossover onto Midland Highway. This results in the relocation of an existing street tree and bus stop to further north on Midland Highway. Figure 3: Proposed site plan. PAGE 17
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018 Figure 4: Proposed elevations. Figure 5: Proposed elevations. Planning Controls - Greater Bendigo Planning Scheme The following clauses are relevant in the consideration of this proposal: Planning Policy Framework • Clause 11 Settlement • Clause 11.01-1R Settlement – Loddon Mallee South • Clause 11.03-1S Activity centres • Clause 13.03-6S Regional and local places • Clause 13.05-1S Noise abatement • Clause 13.06-1S Air quality management • Clause 13.07-1S Land use compatibility • Clause 15 Built environment and heritage • Clause 15.01-1S Urban Design • Clause 15.01-2S Building design • Clause 17 Economic development • Clause 17.01-1S Diversified economy PAGE 18
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018 • Clause 17.02-1S Business Municipal Strategic Statement • Clause 21.04 Strategic Directions • Clause 21.05 Compact Greater Bendigo • Clause 21.07 Economic Development • Clause 21.10 Reference documents Local Planning Policies • Clause 22.08 Highway Entrances and Boulevards Policy • Clause 22.29 Advertising and Signage Policy Other Provisions • Clause 34.01 Commercial 1 Zone • Clause 52.05 Signs • Clause 52.06 Car parking • Clause 52.29 Land adjacent to a Road Zone, Category 1 • Clause 65 Decision Guidelines • Clause 71.02-3 Integrated decision making Consultation/Communication Referrals The following authorities and internal departments have been consulted on the proposal: Referral Comment VicRoads No objection subject to conditions Public Transport Victoria No objection subject to conditions Traffic & Design No objection subject to conditions Drainage No objection subject to conditions Heritage No objection Parks and Open Space No objection subject to conditions Environmental Health No objection subject to notes Regional Sustainable Concerns raised over consistency with the Greater Development Bendigo Public Space Plan Public Notification The application was advertised by way of notice on the site and letters to adjoining and nearby owners and occupiers. PAGE 19
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018 As a result of advertising, 34 objections were received, with the grounds of objection being: • Commercial advantage and impacts on the existing businesses • Amenity impacts including noise, light spill and fumes • Traffic and parking • Access onto local roads • Suitability of the site for a service station, noting the majority of the objections did not oppose a service station in Huntly but did oppose a service station on this site • Impact on adjoining heritage buildings • Size and scale of the development • Impact on future development in Huntly • Impact on the feel, activity and character of the area • Pedestrian safety • Consistency with the Huntly Township Plan • Crime • Impact on the draft Public Space Plan • Stormwater The Planning and Environment Act 1987 provides the legislative framework for considering the objection of any person to the granting of a permit. There are two sections which are relevant to the objections received. Section 57 (2) of the Act requires an objector to state how they would be affected by the granting of the permit and Section 57 (2A) of the Act enables the responsible authority to reject an objection that it considers to have been made primarily to secure or maintain a direct or indirect commercial advantage for the objector. Some of the objections received do not state how the objector would be affected by the granting of a permit and focus on the viability of the existing businesses in Huntly. As per the legislative requirements, the impact of the proposal on the viability of existing businesses in Huntly has not been considered as part this assessment. The objections are discussed further below. Planning Assessment What are the strategic commercial and economic considerations? The Commercial Land and Activity Centre Strategy (CLACS), was adopted as a key strategy by Council in 2016. CLACS has established an activity centre hierarchy for Greater Bendigo which identifies Huntly as a future activity centre. The role and function of an activity centre is to provide economic, social and some civic activities, together with goods and services to meet the daily and weekly needs of their suburban catchments. PAGE 20
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018 Clause 21.07 Economic Development incorporates the findings of CLACS and has a number of relevant key objectives and strategies. A key objective is to support the development of a network of activity centres that satisfy a range of retail, commercial, community and residential needs which are responsive to market demand. A key strategy is facilitating the development of new activity centres in Maiden Gully and Huntly, where and when there is sufficient catchment to support new centres. CLACS is silent on the demand for service stations but it does broadly support a mix of land uses and non-retail employment in the activity centres. The principle of supporting the use of the land for a service station is appropriate within the wider expansion of the Huntly activity centre as the proposal would provide employment and service the activity centre and surrounding catchment. The Northern Corridor and Huntly Local Structure Plan 2005 proposes solutions that address issues relevant to the future physical and functional development of the area. The structure plan acknowledges the need for services such as a service station in Huntly, however, states the following: “It will be important to ensure that the siting and design of development seeks to build on a village image and complement the rural environment of Huntly. For example, a suitable location for a petrol filling station would be on the western side of the highway between Leans Road and Burgoyne Street, not in the centre of the town, whereas a well-designed motel (non retail land use) may be a suitable use of vacant land on the north east corner of Burgoyne Street and the highway”. The structure plan identifies that the subject site should provide for active frontages both to Midland Highway and Burgoyne Street, however no work has been completed to introduce design controls to the site. The Huntly Township Plan 2009 provides a strategic framework for the future development of Huntly and supports the implementation of a range of actions identified in the Northern Corridor and Huntly Local Structure Plan 2005. The township plan identifies the vision for Huntly as follows: “To retain the bushland character, environmental assets and village setting of Huntly by: integrating the forest and ecological values into a range of lifestyle opportunities; improving the accessibility and amenity of the town centre and new local services through enhanced pedestrian and cycling linkages and reinforcing the existing built form; encouraging ecologically sustainable development that is connected and resilient; and, promoting development that takes advantage of public transport” The township plan is relatively silent on the future use of the site, unlike the structure plan and it should be noted that there is nothing within the implementation plan for the township plan which relates to any kind of urban design framework for the subject site that would assist in achieving the above vision for Huntly and the subject site. PAGE 21
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018 The structure plan and township plan are only reference documents within the Planning Scheme. Reference documents do not have the same status or carry the same weight in decision making as incorporated documents. As reference documents do not form part of the Planning Scheme, limited weight can be placed on them in assessing this application. Whilst it is accepted that the proposal is at odds with parts of the above strategic work, it is argued that the proposal is generally in accordance with the vision for Huntly. The proposal will enhance economic activity in an activity centre which has experienced rapid residential growth in recent years. Additional street tree planting and the proposed landscaping on all boundaries and internally will assist in minimising the impact on the bushland character vision for Huntly. The proposal will also assist with the pedestrian linkages outlined in the vision, with conditions requiring the applicant to construct a footpath along the Burgoyne Street frontage. Although the structure plan states a petrol station should not be located within the town centre, the subject site is large, unconstrained in regards to vegetation, heritage, inundation or topography and is located on a corner which reduces the number of sensitive interfaces. The subject site is zoned for commercial use and development and is located within the identified activity node for Huntly (as per the township plan). The site also abuts an arterial road that carries traffic levels that reduce the amenity of the area. The referral response from the Regional Sustainable Development Unit raised concerns over the proposal being located within the designated Huntly Town Centre and consistency with the Council adopted Greater Bendigo Public Space Plan 2018 (GBPSP), noting the site adjacent to the subject site is identified as a future town square. Concerns were raised around whether the service station would complement the town square setting and a more desirable outcome would be for commercial development on the site to address and interact with the proposed town square. While it is accepted that this would be a desired outcome, the strategy is not a reference or incorporated document within the Planning Scheme and the adjoining site is presently vacant grassland. It is not fair or reasonable to refuse a planning permit application based on the strategy, which has little weight in the Planning Scheme. The proposal includes a standard timber paling fence along the north eastern boundary (adjoining the proposed, future town square) and includes a metal and timber fence along the south eastern boundary (adjoining residential land) to assist in minimising the visual impact of the development on adjoining residential land. As the GBPSP identifies the adjoining site as being utilised as some form of open space/town square and the adjoining site also contains significant heritage buildings, it is considered acceptable to require the applicant to continue the feature fence along this boundary through a condition on the permit. The articulation of the fence will aid in reducing the visual bulk and dominance of the fence. A number of the objections stated that although there is a need for a service station in Huntly, the subject site is not the correct site and the site would be better utilised for an alternative land use such as a doctor’s surgery or chemist. PAGE 22
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018 Whilst it could be debated whether there are other land uses that may better serve the community's needs and better utilise the subject site, a decision must be made on the proposal submitted and there is no sound justification to refuse the proposal on strategic grounds when it is an acceptable planning outcome with regards to built form, amenity impacts, traffic and parking. Furthermore, the Scheme does not enable a proposal to be refused because an alternative use may or may not be available. If it is permitted by the Scheme and a permit can be granted, the application must be assessed on its merits. Would the proposal be an acceptable urban design outcome? Planning policy through Clause 15.01-1S Urban design has the objective to create urban environments that are safe, healthy, functional, enjoyable and that contribute to a sense of place and cultural identity. It is accepted that it would be desirable from an urban design aspect to have the built form fronting Midland Highway, however a service station has operational requirements that require its buildings to be different to a typical commercial development. Trucks and cars need large turning circles for convenience and safety, the canopy needs to be relatively large and high for weather protection, and the convenience store has its own operational requirements. The business also needs advertising that is visible to the street. Although active frontages have not been provided, the applicant has designed the proposal to ensure the layout is functional, whilst also ensuring the amenity impacts on adjoining land uses are minimised. If the built form was to front directly onto Midland Highway, there would be a significant increase in the potential off-site amenity impacts as the bowsers and vehicle movements would be located closer to the residential land uses. As per Clause 71.02-3 Integrated decision making, the responsible authority should endeavour to integrate a range of relevant planning policies such as policy surrounding urban design and amenity impacts. In terms of safety, no fencing is proposed along the Midland Highway and Burgoyne Street frontages to ensure surveillance and sight lines throughout the development. Despite the large setback required for functional reasons, the convenience shop has been designed to face Midland Highway, to assist in natural surveillance. The proposal has avoided wide building frontages and blank walls facing the commercial centre whilst also ensuring the development is well screened and has minimal impact on the residential development to the rear. Based on the nature of the use, the proposal is an appropriate urban design outcome. Traffic impacts of the proposal The applicant submitted a Traffic Impact Assessment Report (TIAR) which was referred for comment to both VicRoads and the City’s Traffic Engineer. PAGE 23
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018 VicRoads had some initial concerns that the TIAR was not completed by a VicRoads pre- qualified consultant and regarding the entry and egress onto Midland Highway. An amended TIAR and amended plans were submitted to address the concerns raised by VicRoads. VicRoads concluded that the proposal would not result in an unacceptable impact on the road network, subject to a single point of access from the Midland Highway to the subject site and the construction of a left turn treatment. A number of other works will also be required, including a double barrier line on the Midland Highway and relocation of the existing bus stop. Due to the requirements of VicRoads, the proposal has been designed in such a manner that directs many of the vehicle movements onto the local roads. One of the limitations of the site is that the size and road frontage does not allow for efficient, practical heavy vehicle movements in and out of the site to Midland Highway, hence the need for the Greene Street egress point. Signage will be placed at the Greene Street exit advising that the crossover is for egress only and right turn only to minimise the heavy vehicle movements down Greene Street. The Traffic Impact Assessment Report was also referred to the City's Traffic Engineer who consented to the granting of a permit subject to the widening of Greene Street to allow sufficient room for vehicle turning movements. A number of the objectors raised concerns over vehicles utilising the local roads and issues this poses in regards to pedestrian safety, congestion and amenity impacts. The TIAR and the comments from VicRoads and the City’s Traffic Engineer confirm that the proposal will not result in an unreasonable impact on the road network. A condition will be included on the permit requiring a footpath along Burgoyne Street to aid in pedestrian safety and the application has been amended to change the operating hours from 24 hours to 6am – 10 pm. This will ensure the adjoining residential land is not unreasonably impacted. It is accepted that there will be some off-site amenity impacts from the proposal, however the site is located within a commercial zone and the impacts have been minimised to an acceptable level. The TIAR estimated the trip generation at the service station will be 64 trips per hour. When divided into entry and exit trips this results in 32 exit trips per hour. The 32 exit trips would then be distributed based on the type of customer as follows: • Customers purchasing only fuel or who are also visiting the convenience shop will likely park at the pumps and therefore exit via Burgoyne Street; • Customers who are only visiting the convenience shop will likely park at the car spaces at the shop frontage and therefore will exit the site via Burgoyne Street; • Heavy vehicles using the vehicle fuel pumps will exit via Greene Street. Considering the total number of exit trips per hour is only 32 and the majority of these will be via the Burgoyne Street exit, the impact on the adjoining residential land uses is not considered to be unreasonable. Based on the TIAR and the comments from VicRoads and the City’s Traffic Engineer it is considered the proposal will not have an unacceptable impact on the road network. PAGE 24
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018 In regards to car parking, Table 1 to Clause 52.06 does not specify a car parking requirement for a service station, therefore the car parking is considered satisfactory. The proposal includes 8 car spaces in front of the convenience shop building. Considering vehicles will predominately be parked at the bowsers, this is considered ample to accommodate any vehicles which may not be refuelling. Amenity impacts of the proposal Clause 34.01-2 states that a use must not detrimentally affect the amenity of the neighbourhood, including through transport of goods and emission of noise amongst other matters. This development has an interface with residentially zoned land to the south east. The proposal has been designed to minimise any potential offsite impacts onto the residentially zoned land by incorporating the following: • A single storey built form with a setback of 7m from the boundary. The built form has also been located at the south eastern side of the lot to assist in blocking light spill and noise from vehicles. • A 2m high timber and metal fence on the boundary adjoining the residential land, rather than a solid timber fence. • A 1m – 3m wide landscaping strip along all boundaries. • Reduced operating hours from 24 hours to 6am – 10pm. Due to the requirements of VicRoads, trucks are required to exit the site via Greene Street. The exit will be no left turn directing traffic back onto the Midland Highway via Burgoyne Street. It is accepted that there will be offsite impacts from the use of Greene Street including noise and light spill from vehicle headlights however based on the number of dwellings in proximity to the development and their setbacks (closest dwelling on Greene Street is setback approximately 25m from the street and approximately 60m from the subject site), the proposed operating hours and that the site is within a commercial zone, this is considered acceptable. Conditions will be placed on the permit stating that there must not be any direct light emissions from the property boundary to another, adjoining or opposite property. Conditions will also be placed on the permit requiring the lighting be turned off to the minimum amount necessary to maintain security on site when the site is not operating. In regards to fumes, any new service station must comply with the relevant guidelines for odour emissions set by the EPA. These standalone rules sit outside the scope of the Planning Scheme. Is the proposed level of signage acceptable? Clause 52.05 Signs sets out the decision guidelines that must be considered in the assessment of signage. Of particular relevance to this proposal is the impact of the signage on the character of the area and the need to avoid visual clutter. In addition to Clause 52.05 considerations the City has an adopted an Advertising and Signage policy at Clause 22.29. PAGE 25
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018 The majority of the proposed signage is modest and what one would expect for a commercial development of this nature. The proposal does include an 8m high pylon sign, however this is acceptable based on the height of the service station canopy and its location on an arterial road. The signage is proposed to be predominately red and blue corporate colours which will aid in minimising the visual clutter on the site. Conclusion The proposal has been assessed as meeting all Planning Scheme requirements and in particular is in compliance with the objectives and strategies of the Planning Policy Framework and local policies which aim to create vibrant activity centres that meet the needs of residents. The objectors' concerns are not sufficient grounds to refuse the application and while the proposal may not be the most desirable outcome for the site, the proposal is an acceptable outcome in regards to traffic and parking, built form and amenity impacts. There is no sound argument to refuse the application on strategic grounds alone and as the proposal is an acceptable outcome on all other considerations, it is recommended that a planning permit be granted. Options Council, acting as the responsible authority for administering the Planning Scheme, may resolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit. Attachments • Objections Proposed Notice of Decision Conditions 1. MODIFIED PLAN REQUIRED Before the use and/or development start(s), amended plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and 2 copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show: (a) A modified landscape plan in accordance with condition 3 (b) Paved path on the Burgoyne Street frontage in accordance with condition 26 (c) A 2.0m metal and timber fence on the north eastern boundary to match the south eastern boundary. 2. NO LAYOUT ALTERATION The use development permitted by this permit as shown on the endorsed plans and/or described in the endorsed documents must not be altered or modified PAGE 26
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018 (for any reason) except with the prior written consent of the responsible authority. 3. LANDSCAPE PLAN REQUIRED Before the development starts, a landscape plan to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plan will be endorsed and will then form part of the permit. The landscaping plan must be generally in accordance with the landscape plan dated 18/07/18 prepared by Human Habitats and 2 copies must be provided. The plan must show: (a) Three street trees in the Burgoyne Street frontage. (b) Additional medium sized shrubs and medium sized trees within the north western boundary and south western boundary landscaping strips. All species selected must be to the satisfaction of the responsible authority. 4. REPLACEMENT OF STREET TREE The street tree(s) to be removed must be replaced with an advanced tree(s) (minimum of two metres high at time of planting), of a species and in a location to the satisfaction of the responsible authority. 5. LANDSCAPING MAINTENANCE The landscaping shown on the endorsed plans must be maintained to the satisfaction of the responsible authority, including that any dead, diseased or damaged plants are to be replaced. 6. COMPLETION OF LANDSCAPING Before the use of the development starts or by such later date as is approved by the responsible authority in writing, the landscaping works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority. 7. HOURS OF OPERATION The use permitted must only operate between the following times; • Monday to Sunday – 6am to 10pm 8. SIGNAGE ILLUMINATION Any signage proposed to be illuminated must only be operational for the operating hours of; • Monday to Sunday – 6am to 10pm 9. NO FLASHING LIGHT IN SIGNS Flashing or intermittent light must not be used in the sign(s) permitted by this permit except with the prior written consent of the responsible authority. 10. NO BUNTING Bunting, streamers, flags, wind vanes or similar material must not be displayed except with the prior written consent of the responsible authority. 11. MAINTENANCE OF SIGN The sign(s) permitted by this permit must be maintained in good condition to the PAGE 27
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018 satisfaction of the responsible authority. 12. BAFFLED LIGHTING External lighting must be designed, baffled and located so as to prevent any adverse effect on adjoining land to the satisfaction of the responsible authority. Lighting must be turned off to the minimum extent necessary to maintain security on the site outside of the designated trading hours. 13. CAR PARK CONSTRUCTION Before the occupation of the development, the area(s) set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be constructed to meet the following requirements and standards: (a) Properly formed to such levels that they can be used in accordance with the plans; (b) Surfaced with an all-weather-seal coat; (c) Drained; (d) Line marked to indicate each car space and all access lanes; (e) Clearly marked to show the direction of traffic along access lanes and driveways to the satisfaction of the responsible authority; (f) Provided with public lighting; (g) Provided with disabled persons parking bays where required by the Building Code of Australia; (h) Provided with appropriate signage for one-way traffic. eg one way; no entry; left only. (i) Any existing layback not used must be removed and barrier kerb reinstated; (j) Any existing driveway not used must be removed and the nature strip reinstated. The car parking and access areas must comply with the requirements of clause 52.06 of the Greater Bendigo Planning Scheme and meet all other applicable Australian and New Zealand Standards unless otherwise agreed in writing with the responsible authority. Car spaces, access lanes and driveways must be kept available for these purposes at all times. 14. VEHICLE CROSSINGS Vehicular access to the subject land from any roadway or service lane (and vice versa) must be by way of a vehicle crossing(s) constructed at right angles to the road, to suit the proposed driveway(s) and vehicles that will use the crossing. A Works within Road Reserves permit must be obtained from the City of Greater Bendigo Engineering & Public Space Unit prior to any work commencing in the road reserve. 15. ROAD WORKS Prior to the commencement of development, plans must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and form part of the permit. The plans must show: (a) The intersection of Burgoyne Street and Greene Street upgraded at the full cost to the developer to allow all vehicles, including the maximum size vehicles, to negotiate the intersection whilst maintaining a minimum 3.5 PAGE 28
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018 metre wide lane for traffic travelling in the opposite direction. The plans must be to the satisfaction of the responsible authority. 16. COMPLETION OF ROAD WORKS Before the occupation of the development or by such later date as is approved by the responsible authority in writing, the road works shown on the endorsed plans must be carried out and completed to the satisfaction of the responsible authority. 17. PEDESTRIAN SIGHT LINES The minimum sight line for pedestrian safety must be provided at all access driveways so as to accord with Clause 52.06-9 of the Greater Bendigo Planning Scheme. 18. VICROADS CONDITIONS (a) Only a single point of access from the Midland Highway to the subject land is permitted. This access must be located toward the north-east property boundary. (b) Prior to the commencement of any work on the subject land, a functional layout plan must be submitted and approved by VicRoads showing (but not limited to) the following: • A single point of entry from the subject land located at the north-east property boundary. This access must be reinforced with 2 x No Entry signs on either side of the crossover facing away from the Midland Highway; • Removal the proposed Midland Highway egress located at the south- west property boundary; • The removal of the redundant driveway layback on Burgoyne Street located between the Midland Highway and the proposed Burgoyne Street crossover; • An AUL(S) left turn treatment into the subject land at the proposed access location from the Midland Highway in accordance with Austroads (2017) Guide to Road Design Part 4, Figure A 39; • Relocation of the existing: o Bus stop on the Midland Highway toward the north-east outside of the AUL(S) left turn treatment; o Street tree near the proposed Midland Highway access approximately 50 metres toward the north-east (near the pedestrian operated signals); • A double barrier line on the Midland Highway from Burgoyne Street to the end of the painted median island; • The swept path analysis into the subject land from Midland Highway. (c) Prior to the development approved by this permit commences use: • A Road Safety Audit must be undertaken at the detailed design stage in accordance with VicRoads’ Road Safety Audit Policy. The audit findings and the consultant’s responses to the findings must be provided to the Roads Corporation for review and approval. Any mitigating works arising out of the audit must be carried out by the applicant at no cost and to VicRoads’ satisfaction prior to the PAGE 29
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018 development coming into use. • The following road works must be completed to the satisfaction of and at no cost to VicRoads: o Construction of the AUL(S) turn lane treatment; o Construction of all access points to the subject land from the local and arterial road network and installation of all associated signage; o Relocation of the Midland Highway bus stop and the existing street tree; and o Line marking of the double barrier line on the Midland Highway from Burgoyne Street to the existing painted median island. 19. TRANSPORT FOR VICTORIA (a) The permit holder must take all reasonable steps to ensure that disruption to bus operation along Midland Highway is kept to a minimum during the construction of the development. Foreseen disruptions to bus operations and mitigation measures must be communication to Public Transport Victoria eight (8) weeks prior by telephoning 1800 800 007 or emailing customerservice@ptv.vic.gov.au (b) The permit holder must provide GPS co-ordinates and high-resolution photos (300dpl) capturing the arrival and departure side of the stop and include the pole, flag, timetable case and braille ID case to the satisfaction of Public Transport Victoria. (c) The permit holder must notify PTV a minimum of 8 weeks prior to any bus stop relocation / or temporary relocation work approved under this permit. The permit holder must notify PTV by either calling 1800 800 007 or email customerservice@ptv.vic.gov.au. (d) The existing bus stop on Midland Highway in front of the site may continue to operate during construction, however if a temporary stop in an alternative location is required, the temporary bus stop must be provided in consultation with, and to the satisfaction of Public Transport Victoria. Once the new stop is deemed suitable for operation, the existing and/or temporary stop must be removed in consultation with Public Transport Victoria. (e) Prior to the occupation of the development all works outlined on the endorsed plans and required within Transport for Victoria’s condition must be completed to the satisfaction of Public Transport Victoria at the full cost of the permit holder. 20. GENERAL EXTERIOR TREATMENT The exterior treatment of the buildings permitted by this permit including all exterior decoration, materials, finishes and colours must be to the satisfaction of the responsible authority. The exterior treatment of the buildings must be maintained to the satisfaction of the responsible authority. 21. REFRIGERATION AND AIR CONDITIONING EQUIPMENT Any equipment required for refrigeration, air-conditioning, heating and the like must be suitably insulated for the purpose of reducing noise emissions and must be located so as to not be highly visible from the street to the satisfaction of the responsible authority. PAGE 30
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018 22. NOISE CONTROL Noise levels emanating from the premises must comply with the recommended levels as set out in the guidelines for Noise from Industry in Regional Victoria (major urban centres) (which follows State Environment Protection Policy - Control of Noise from Commerce, Industry and Trade No. N-1 procedures) to the satisfaction of the responsible authority. 23. 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. 24. 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. 25. DETAILED DRAINAGE Plans to the satisfaction of the responsible authority must be submitted to and approved by the responsible authority. When approved, the plans will be endorsed and then will form part of the permit. The plans must be drawn to scale with dimensions. The plans must include: (a) Direction of stormwater run-off; (b) A point of discharge. 26. CONSTRUCTION OF WORKS Road works, drainage and other civil works must be constructed in accordance with the City of Greater Bendigo Infrastructure Design Manual and plans and specifications approved by the Responsible Authority and must include: (a) Underground drainage; (b) Paved path on the Burgoyne Street frontage; (c) Pavement strengthening at Greene Street exit; (d) Pavement Strengthening at Greene Street – Burgoyne Street intersection. 27. PUBLIC ASSETS Before the development starts, the owner or developer must submit to the Responsible Authority a written report and photos of any prior damage to public infrastructure. Listed in the report must be the condition of Kerb & Channel, Footpath, seal, street lights, signs and other public infrastructure fronting the property and abutting at least two properties either side of the development. Unless identified with the written report, any damage to infrastructure post construction will be attributed to the development. The owner or developer of the subject land must pay for any damage caused to any public infrastructure caused as a result of the development or use permitted by this permit. 28. CONSENT FOR WORK ON ROAD RESERVES The applicant must comply with; (a) The Road Management Act 2004, (b) Road Management (Works and Infrastructure) Regulations 2005 and PAGE 31
Presentation and Managing Growth - Reports Ordinary Meeting - 12 December 2018 (c) Road Management (General) Regulations 2005 with respect to any requirements to notify the coordinating authority and/or seek consent from the coordinating authority to undertake “works” (as defined in the Act) in, over or under the road reserve. The responsible authority in the inclusion of this condition on this planning permit is not deemed to have been notified of, or to have given consent to undertake any works within the road reserve as proposed in this permit. 29. GENERAL AMENITY The use permitted by this permit must not, in the opinion of the responsible authority, adversely affect the amenity of the locality. 30. COMPLETION AND COMMENCEMENT This permit will expire if the development permitted by this permit is not completed and the use permitted by this permit is not commenced within 4 years from the date hereof or if the use is discontinued for a period of 2 years. The time within which the development must be completed and the use must commence may, on written request made before or within 12 months after the expiry of the permit, be extended by the responsible authority. VicRoads Note: • The discharge of any concentrated drainage onto the Midland Highway road reserve is not permitted unless approved in writing by VicRoads. • Separate ‘detailed design’ approval (fees and charges apply) and the specifications of these are required under the Road Management Act. For the purposes of this application the works will include provision of: o Construction of an AUL(S) turn treatment and the arterial road crossover; o Relocation of a bus stop and existing street tree; and o Any other works in the arterial road reserve. Please forward details marked attention to David Wallace on: nr.mailbox@roads.vic.gov.au Further information regarding VicRoads’ consent to work within the road reserve can be found on the VicRoads Website: https://www.vicroads.vic.gov.au/business-and- industry/design-and-management/working-within-the-road-reserve or by or telephoning (03) 5434 5089. Environmental Health Note: Food Act 1984 • The food premises must be constructed and maintained in accordance with the Food Act 1984 and the Food Standards Code. It is strongly recommended that a plan of the proposed food premises be submitted to Food & Tobacco for assessment prior to the commencement of construction and/or fit out. Information on the construction and fit- out of a food premises can be downloaded from City of Greater Bendigo webpage http://www.bendigo.vic.gov.au/Services/Food-businesses or by contacting Food & Tobacco on (03) 5434 6075. • The food premises must be registered with City of Greater Bendigo under the provisions of the Food Act 1984. The business shall not commence trade until an Environmental Health Officer has conducted the final inspection of the premises and registration under the Food Act 1984 has been granted. PAGE 32
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