MINUTES Ordinary Meeting of Council - City of ...

 
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MINUTES Ordinary Meeting of Council - City of ...
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
MINUTES Ordinary Meeting of Council - City of ...
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
MINUTES Ordinary Meeting of Council - City of ...
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
MINUTES Ordinary Meeting of Council - City of ...
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
MINUTES Ordinary Meeting of Council - City of ...
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
MINUTES Ordinary Meeting of Council - City of ...
Ordinary Meeting - 12 December 2018

RESOLUTION

Moved Cr Fyffe, seconded Cr Flack.

That Standing Orders be resumed.

                                                                    CARRIED

                                     PAGE 6
MINUTES Ordinary Meeting of Council - City of ...
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
MINUTES Ordinary Meeting of Council - City of ...
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
MINUTES Ordinary Meeting of Council - City of ...
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
MINUTES Ordinary Meeting of Council - City of ...
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.

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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.

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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.

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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.

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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

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      (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

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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

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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

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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.

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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

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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.

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