Council Agenda 21 November 2018

AGENDA
Ordinary Meeting of Council
6.00pm Wednesday 21 November 2018
*** Broadcast live on Phoenix FM 106.7 ***
VENUE:
Reception Room,
Bendigo Town Hall,
Hargreaves Street, Bendigo
NEXT MEETING:
Wednesday 12 December 2018
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 21 NOVEMBER 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 6
CR METCALF'S REPORT 6
DECLARATIONS OF CONFLICT OF INTEREST 7
CONFIRMATION OF MINUTES 8
1. PETITIONS AND JOINT LETTERS 9
1.1 RESPONSE TO PETITION - REQUEST FOR DOG PARK IN 9

HEATHCOTE
2. PRESENTATION AND MANAGING GROWTH 18
2.1 (CA 27A, CA 27E & CA 28C) CA27A LYELL ROAD, 18

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
3. WELLBEING AND FAIRNESS 32
3.1 COMMUNITY GRANTS PROGRAM - ASSESSMENT PANEL 32

MEMBER APPOINTMENTS
4. STRENGTHENING THE ECONOMY 36
4.1 GREATER CREATIVE BENDIGO 36
5. ENVIRONMENTAL SUSTAINABILITY 43
PAGE 3
6. EMBRACING OUR CULTURE AND HERITAGE 43
7. LEAD AND GOVERN FOR ALL 44
7.1 COUNCIL MEETING DATES 2018/2019 MAYORAL TERM 44
7.2 FINANCE REPORT QUARTER ONE 46
7.3 UPDATED INSTRUMENT OF DELEGATION TO CHIEF 51

EXECUTIVE OFFICER
7.4 APPOINTMENT OF INDEPENDENT MEMBERS OF THE 57

AUDIT AND RISK COMMITTEE
7.5 RECORD OF ASSEMBLIES 59
7.6 CONTRACTS AWARDED UNDER DELEGATION 67
8. URGENT BUSINESS 68
9. NOTICES OF MOTION 68
10. COUNCILLORS' REPORTS 68
11. MAYOR'S REPORT 68
12. CHIEF EXECUTIVE OFFICER'S REPORT 68
13. CONFIDENTIAL (SECTION 89) REPORTS 68
13.1 Confidential Report in accordance with Section 89(2)(d) of 68

the Local Government Act relating to a contractual matter



____________________________
CRAIG NIEMANN
CHIEF EXECUTIVE OFFICER
PAGE 4
Ordinary Meeting - 21 November 2018
ACKNOWLEDGEMENT OF COUNTRY
PRAYER
PRESENT
APOLOGIES
SUSPENSION OF STANDING ORDERS
That Standing Orders be suspended to allow the conduct of [Community

Acknowledgement section] and Public Question Time.
PUBLIC QUESTION TIME
Public Question Time – Purpose

Council has provided the opportunity for members of the public to ask questions of broad
interest to Council and the community. Matters relating to routine Council works should
be taken up with Council’s Customer Service Officers through its Customer Request
System.
By the time planning matters have reached the council agenda, they have been through
an extensive process as required by the Planning and Environment Act. In addition, in
most instances mediation has been held between the parties involved. Throughout the
process there are many opportunities for the people to ask questions. Therefore, no
questions relating to planning matters on the Agenda will be accepted.
Public Question Time – Where, When And Who

The public question time is held at every Ordinary Meeting of Greater Bendigo City
Council. Meetings of Council commence at 6.00pm in the Reception Room, Bendigo
Town Hall, Hargreaves Street, Bendigo.
The public question time is held at the start of the meeting as close as practical to
6:00pm. A maximum of 30 minutes has been provided for registered and unregistered
questions.
Residents are encouraged to lodge questions in advance so that a more complete

response can be provided.
Questions will be put to the Council by the individual posing the question; the question
will be answered by the Mayor or CEO, or where appropriate, Councillors or Council
Officers.
PAGE 5
Acceptance of Questions
Each person asking a question of Council is required to stand, state their name, and
address the Mayor. Public Question Time is not an opportunity for making of statements
or other comments. Council’s Meeting Procedure Local Law does not allow for other
questions or comments during the remainder of the meeting.
1. An individual may only ask one question per meeting, a follow-up question may be
permitted at the discretion of the Mayor.
2. In the event that the same or similar question is raised by more than one person,
an answer may be given as a combined response.
3. In the event that time does not permit all questions registered to be answered,
questions will be answered in writing or referred to the next meeting if appropriate.
4. The Mayor and or CEO have the right to decline registration on basis of:
 Legal proceedings;
 More appropriately addressed by other means;
 Vague or lacking in substance, irrelevant, frivolous, insulting offensive,
improper, defamatory or demeaning;
 Answer likely to compromise his / her position;
 Confidential, commercial-in-confidence.
5. Each individual whose registration form has been accepted or declined will be
advised by the Friday of the week prior to the scheduled meeting.
6. In the event of a registration form being declined the registration form will be
circulated to the Mayor or Councillors for information.
RESUMPTION OF STANDING ORDERS
That Standing Orders be resumed.
CR METCALF'S REPORT
PAGE 6
DECLARATIONS OF CONFLICT OF INTEREST
Pursuant to Sections 77, 78 and 79 of the Local Government Act 1989 (as
amended) direct and indirect conflict of interest must be declared prior to debate
on specific items within the agenda; or in writing to the Chief Executive Officer
before the meeting. Declaration of indirect interests must also include the
classification of the interest (in circumstances where a Councillor has made a
Declaration in writing, the classification of the interest must still be declared at the
meeting), i.e.
(a) 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.
PAGE 7
CONFIRMATION OF MINUTES
Minutes of the Ordinary Meeting of Wednesday 17 October 2018.
The following items were considered at the Ordinary Council meeting held on
Wednesday 17 October 2018 at 6:00pm.
 City of Greater Bendigo Annual Report 2017/2018

 Priorities for Planning Strategies and Planning Scheme Amendments - 2018/19 -
2021/22
 Greater Bendigo Planning Scheme Review, 2018 - Adoption of Draft Report
 Planning Scheme Amendment - Recognition of the Infrastructure Design Manual in
the Greater Bendigo Planning Scheme - For Information and Support
 Bendigo Maubisse Friendship Committee Member Appointments
 2018/19 Community Grant Program - Large Grants
 Annual Audit Committee Chairperson's Annual Report 2017/2018
 Audit Committee Draft Charters
 Record of Assemblies
 Contracts Awarded Under Delegation
 Notice of Motion: Effective Waste and Resource Recovery
The unconfirmed minutes have also been posted on the City of Greater Bendigo website
pending confirmation at this meeting.
RECOMMENDATION
That the Minutes of the Ordinary Meeting of Council held on Wednesday 17 October
2018, as circulated, be taken as read and confirmed.
PAGE 8
Petitions and Joint Letters Ordinary Meeting - 21 November 2018
1. PETITIONS AND JOINT LETTERS
1.1 RESPONSE TO PETITION - REQUEST FOR DOG PARK IN

HEATHCOTE
Document Information
Author Caroline Grylls, Manager Safe and Healthy Environments
Responsible Vicky Mason, Director Health and Wellbeing

Director
Purpose
This report responds to the petition received by Council on 31 August 2018

requesting Council put in place a fenced off leash dog park in Heathcote for the
socialising of dogs and social inclusion with disabled access.
Summary
In response to the petition, two (2) options are presented to Council for consideration.
Option 1
Prioritise consideration of a 2019-20 budget bid for the lifetime costs associated with the
installation, fit out and ongoing servicing of a new fenced off leash dog park in
Heathcote, with consideration given to the Depot Road, Heathcote site as reflected in the
Heathcote Township Plan.
During the review of the City’s Domestic Animal Management Plan (2016 – 2021) identify
suitable locations for additional off leash dog park(s) in Greater Bendigo to support rural
communities.
Option 2
Continue with the existing three (3) City of Greater Bendigo fenced off leash dog parks
and promote alternative suitable locations for exercising dogs off leash.
PAGE 9
RECOMMENDATION
That the Greater Bendigo City Council resolve to:
1. Prioritise consideration of a 2019-20 budget bid for the lifetime costs associated
with the installation, fit out and ongoing servicing of a new fenced off leash dog park
in Heathcote, with consideration given to the Depot Road, Heathcote site as
reflected in the Heathcote Township Plan.
2. Identify suitable locations for additional off leash dog park(s) in Greater Bendigo to
support rural communities during the review of the City’s Domestic Animal
Management Plan (2016 – 2021).
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Community Plan Reference:

City of Greater Bendigo Community Plan 2017-2021
Goal 1 - Lead and govern for all.
Objective 1.4 - Be accountable and efficient in its use of the community’s money.
Goal 2 - Wellbeing and Fairness.
Objective 2.4 - Support participation and development for residents of all ages and
abilities.
Objective 2.5 - Create safe and resilient communities.
Greater Bendigo Health and Wellbeing Plan

Theme – Connected to culture and community
Objective – Build community resilience.
Theme – Liveable.
Objective – Facilitate supportive built and natural environments.
Domestic Animal Act, 1994
City of Greater Bendigo Domestic Animal Management Plan 2016 – 2021.
Background Information
Council received a petition on 31 August, 2018 and requested a response be prepared

within two (2) meetings.
The petition had 271 signatures and outlined:
PAGE 10
"We the undersigned residents and ratepayers of Greater Bendigo City

Council formally request Council to put in place an off leash dog park in
Heathcote for the socialising of dogs and social inclusion with disabled access
please".
The Victorian Domestic Animal Act 1994 requires Council at four (4) year intervals to
develop a Domestic Animal Management Plan (DAMP). During the development of the
City’s third DAMP 2016 – 2021, it was identified that Greater Bendigo has one of the
highest levels of companion animal ownership in Victoria with more than one third of
households owning a cat or a dog.
The primary aim of the DAMP is to improve animal management within the City of
Greater Bendigo and the City’s DAMP meets or exceeds Council’s’ responsibilities under
the Domestic Animal Act 1994.
The DAMP recognises the need to address one of Council's key liveability indicators
(reducing obesity) by providing open space for dogs to exercise, which in turn provides
incentive for residents to exercise themselves.
Supporting this objective, dogs are not required to be leashed in public places within
Greater Bendigo, except for ten (10) designated on leash parks and a small number of
other areas including the Hargreaves Mall and within ten (10) metres of children’s play
grounds. Dogs are only prohibited from entering the Queen Elizabeth Oval (QEO) and
Crusoe Reservoir.
The City currently has three (3) fenced off leash fenced dog parks in the municipality:
 Harcourt Dog Park - Crook Street, Strathdale

 Allingham Reserve Dog Park (Jenny’s Garden) - Allingham Street, Kangaroo Flat
 Truscott Reserve Dog Park - Turner Street, California Gully
Extensive community engagement was undertaken during the development of the City’s
Domestic Animal Management Plans, which included identification of the need for, and
the most appropriate location of the three (3) current off leash dog parks. Once the need
and a suitable location for each dog park were established, each development was
subject to the usual scrutiny during the budget approval process.
In determining the suitability of a site, consideration must be given to:

 The zoning of the land and the history of the site, including current use.
 Land topography, soil profile and the presence of natural water features.
 Site dimensions and compatibility with good design.
 Water profile and water quality issues.
 Access to reticulated water supply.
 Accessibility, including road linkages and proximity to supporting infrastructure.
 Shade profile, including the presence of established tree canopies.
 Adequate and suitable parking options.
 Proximity of residential properties, and potential noise impacts.
PAGE 11
Harcourt Dog Park was a key initiative of the DAMP (2008 – 2015) and since its creation
has had significant unbudgeted ongoing costs associated with the installation of play
spaces and equipment, seating, water monitoring, maintenance, regular patrols by Local
Laws officers and investigation into customer request by Senior Local Laws Officers.
The new Allingham Reserve Dog Park and the Truscott Reserve Dog Park were both key
initiatives of the DAMP (2016 – 2021). The 2017/18 budget included the cost of fencing
only. The total budget allocation for the two projects was $75,000; however the actual
cost of works was approximately $5,000 in excess of this amount. There is no current
budget for improvements in either of these new parks, nor the ongoing costs associated
with their operation. All ongoing cost for both new parks will need to be managed with
existing resources.
Community engagement and consultation during the drafting of the DAMP (2016 – 2021)
identified both advantages and disadvantages of fenced off leash dog parks. A key
position statement in the DAMP (2016 – 2021) is that:
“Establishment of additional dog parks and shared use arrangements will

provide for suitable dog exercise areas, should the City in the future move
towards a default on leash requirement in all public areas within City of
Greater Bendigo or restrict the use of sporting fields as dog exercise areas.”
A potential location for a proposed fenced off leash dog park at Depot Road was
identified during the community consultation for the Heathcote Township Plan. It was
discussed in the Issues and Opportunities Paper which identified that for this matter to
progress a number of steps need to be followed. The first is to establish that there is
demand for a dog park in Heathcote and an assessment made that this site is best site
for such a facility.
While the Depot Road, Heathcote site has not been fully assessed for its suitability, the
demand for a dog park in Heathcote has been established.
PAGE 12
Depot Street, Heathcote
There is no approved budget for an additional off leash dog park in the municipality.
Previous Council Decision(s) Date(s):
At its Ordinary Meeting on 20 July 2016, Council resolved to:
1. Adopt the Domestic Animal Management Plan for the period 2016 – 2021.
2. (a) Maintain the sunset to sunrise cat curfew during the life of the 2016
– 2021 Plan.
(b) That Council conduct an annual animal education program over the
next five (5) years and inform cat owners of the sunset to sunrise cat
curfew and for owners to keep any animals that may be causing harm to
wildlife within their boundaries.
(c) That an annual amount be allocated in the budget over the next four
years.
3. Approve the creation of two (2) additional dog exercise areas, Turner Street,
California Gully and Allingham Street, Kangaroo Flat and that these sites are
considered for future funding bids within the life of the 2016 - 2021 Plan.
PAGE 13
Report
In response to the petition received, two (2) options are presented for consideration by
Council:
Option 1
Prioritise consideration of a 2019-20 budget bid for the lifetime costs associated with the
installation, fit out and ongoing servicing of a new fenced off leash dog park in
Heathcote, with consideration given to the Depot Road, Heathcote site as reflected in the
Heathcote Township Plan.
During the review of the City’s Domestic Animal Management Plan (2016 – 2021) identify
suitable locations for additional off leash dog park(s) in Greater Bendigo to support rural
communities.
Option 2
Continue with the existing three (3) City of Greater Bendigo fenced off leash dog parks
and promote alternative suitable locations for exercising dogs off leash.
Priority/Importance:
Priority consideration should be given to a 2019-20 budget bid for a fenced off leash dog
park in Heathcote given the demand has been established; however a thorough analysis
of the suitability of the Depot Street, Heathcote site needs to be undertaken.
The review of the City’s Domestic Animal Management Plan is the formal process for
establishing the need for, and suitable location of, any additional fenced off leash dog
park in Greater Bendigo.
Options/Alternatives:
Option 1
This option would progress the preparation of a 2019-20 budget bid for the installation of
a fenced off leash dog park in Heathcote. It would include the cost of evaluating the
Depot Street, Heathcote for its suitability, and the capital and operational lifetime costs of
the project.
This option would also support the ongoing strategic approach to new projects, ensuring
that dog parks are developed with a thorough analysis of need, identification of suitable
locations and that the lifetime cost are allocated through the annual budget process. This
would also ensure that the project is considered alongside other community identified
priorities.
Option 2
This option would support the City prioritising ongoing improvements, monitoring and
maintaining at the three (3) existing fenced off leash dog parks. This would ensure that
they continue to be high quality facilities with no commitment for an additional fenced off
leash dog park in Greater Bendigo at this time.
PAGE 14
Timelines:
Option 1
2018 - Preparation of a budget bid during 2019-20 budget process.
2019/20 – Deliver any new project approved in the annual budget process.
2020 - Undertake the necessary comprehensive review of the City of Greater Bendigo
Domestic Animal Management Plan (2016 – 2021).
2021 - Implement outcomes of the review, including the preparation of budget bids to
support identified projects.
Option 2
This option would be ongoing and not subject to timelines.
Progress:
N/A
Risk Analysis:
Option 1
Aligning the installation of new fenced off leash dogs parks in with the City’s strategic
approach would ensure that projects can be de-risked and managed with the appropriate
level of scrutiny; particularly in a climate of rate capping and competitive budget
processes.
This option would allow for proper consideration to be given to an alternative funding and
management model – including testing the community’s appetite and capacity to make a
financial contribution, sourcing capital grants and alternative management models.
The community have demonstrated a sustained commitment to utilising the City’s off
leash dog parks and the need for a park in Heathcote has been established.
Support for this option could result in the project progressing more quickly; however it
would not have the strategic links to the City’s DAMP necessary to strengthen the budget
bid in a competitive capital budget process. There is a reasonable risk that in the
absence of strategic support, the budget bid would not be prioritised over other projects.
Option 2
Continuing with the three (3) existing dog parks without a commitment to investigate the
need for, and suitable location of a fourth could not ensure residents would not continue
to raise this issue with Councillors. There is also a risk that despite this option supporting
the City’s ongoing commitment to maintaining the existing dog parks as high quality
facilities; it could be seen as Council not making a decision.
PAGE 15
Consultation/Communication
Internal Consultation:
Director Presentation and Assets

The Parks and Open Space team are responsible for the delivery of any new project and
the ongoing maintenance once established. To ensure a collaborative approach, support
for an options paper to be presented to Council in response to the petition was given.
The two (2) options prepared have cross Directorate support.
Manager Parks and Open Space

Discussions were held to determine the actual costs of deliver the new Allingham
Reserve Dog Park (Jenny’s Garden) - Allingham Street, Kangaroo Flat and the Truscott
Reserve Dog Park - Turner Street, California Gully.
Parks and Open Space Staff

Concerns were raised regarding the ongoing maintenance of the site. It has areas of
dense, ground based vegetation creating areas of concealment for animals and humans.
The site contains debris including car parts and concrete rubble that would need to be
removed. The terrain in the park is rough, with minimal areas of level ground and lots of
rocks. Staff suggested that the site would require significant works to create a surface
suitable to mow.
Around the dam and along the fence line near the DELWP Depot there are native
vegetation plantings that were undertaken during three separate National Tree Planting
Day activities. The vegetation is dense, and is at ground level limiting opportunities for
passive surveillance. Staff advised that removal or thinning of this vegetation would be
unlikely to be approved and would not be supported by the local community.
Senior Strategic Planner (Projects) - Regional Sustainable Development

Included discussions and collaboration about the community consultation undertaken
during the development of the Heathcote Township Plan.
Healthy lifestyles Officer – Active and Healthy Lifestyles

Included discussion and collaboration around the community consultation undertaken to
date with response to the petition.
External Consultation:
In the preparation of the Heathcote Township Plan, the community survey included a
question about the potential for a dog park at the Depot Street, Heathcote site. Of the
121 responses 55% supported the proposal, 31% weren’t concerned one way or the
other and only 14% did not support the dog park.
On the 10 August 2018, a meeting on the Depot Road, Heathcote site was held with
community representatives, Mayor O’Rourke, Councillor Wrigglesworth, the City’s Senior
Strategic Planner for Projects, and the City’s Senior Community Projects Liaison. The
Community representatives were encouraged to submit a petition.
PAGE 16
On the 28 August 2018, the City’s Senior Community Projects Liaison met with Mr Craig
Guy, the primary contact for the community advocacy group and walked through the
proposed site at Depot Road, as well as the Showgrounds which local residents are
currently utilising as an off-leash dog park. Mr Guy has already secured $2,500 from the
Heathcote Community Bank towards the project and is seeking additional external
funding through grants, sponsorships and donations.
Identification of a suitable community group to auspice the project was discussed. The
project and petition had been actively promoted by several prominent community groups
and networks including the Heathcote Community House and the Heathcote Community
Bank.
Mr Guy outlined that the community is seeking our permission to construct a dog park on
Depot Road, Heathcote site that is not dependent on Council funding, and is requesting
our advice regarding what materials are required. The importance of installing quality
infrastructure which has longevity and reliability was discussed, and that it would be
more appropriate to design the park first so that a detailed budget could be put together.
The necessity to complete water and soil contamination testing as part of a site suitability
process was also highlighted as being critically important. The City has facilitated some
preliminary dam water testing and while not conclusive, has not identified any significant
problems.
Resource Implications
Budget Allocation in the Current Financial Year:
There is no approved budget for a fourth dog park in the municipality.
Option 1 would determine the costs of any future projects. Those costs would be subject
to the usual annual budget bid process.
Projected costs for future financial years:
To be determined in the preparation of a 2019-20 budget bid.
Any ongoing recurrent expenditure required:
To be determined in the preparation of a 2019-20 budget bid.
Attachments
N/A
PAGE 17
Presentation and Managing Growth - Reports Ordinary Meeting - 21 November 2018
2. PRESENTATION AND MANAGING GROWTH
2.1 (CA 27A, CA 27E & CA 28C) CA27A 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
Author Grace Paisley, Planner
Responsible Bernie O’Sullivan, Director Strategy and Growth

Director
Summary/Purpose
Application details: 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
Application No: DSD/228/2018
Applicant: D G Fitzpatrick
Land: (CA 27A, CA 27E & CA 28C) CA27A Lyell Road, REDESDALE
Zoning: Rural Conservation Zone
Road Zone Category 1
Overlays: Environmental Significance Overlay 1 and 3
No. of objections: 0
Consultation Not required
meeting:
Key considerations:  Is the proposal in accordance with provisions of the Rural
Conservation Zone and the Environmental Significance
Overlay?
 Will the proposal adversely impact the Lake Eppalock Water
Supply Catchment?
 Is the site an appropriate location for residential
development?
 Is the proposal consistent with the objectives of the Planning
Policy Framework and Local Planning Policy Framework
relating to rural residential development and use and
development within the water supply catchment?
PAGE 18
Conclusion: The application is inconsistent with the Greater Bendigo

Planning Scheme.
It is recommended that Council refuse to grant a planning

permit as the proposal will result in the proliferation of dwellings
in an area which is not zoned for rural living. The proposal is at
odds with the purpose of the Rural Conservation Zone and the
Environmental Significance Overlay and will adversely impact
the landscape values and rural character of the area.
RECOMMENDATION
Pursuant to section 61 of the Planning and Environment Act (1987), Council resolve to
issue a Refusal to Grant a Permit for the 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 at (CA 27A, CA 27E & CA 28C)
CA27A Lyell Road, REDESDALE on the following grounds:
1. The application will adversely impact the rural character and appearance of
the area by resulting in an intensification of dwellings in the area.
2. The application will result in an intensification of residential development in the
Lake Eppalock Declared Water Supply Catchment.
3. The application is inconsistent with the Rural Dwellings Policy, Rural
Subdivision Policy, Rural Conservation Zone, Environmental Significance
Overlay and Clause 65 of the Greater Bendigo Planning Scheme.
~~~~~~~~~~~~~~~~~~~~~~~~~
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.
Report
Subject Site and Surrounds
The subject site is made up of 3 existing parcels located on the northern side of Lyell
Road. The parcels are old Crown Allotments which are currently 22.6ha, 32.3ha and
2.5ha in area, totally an overall site area of 57.4ha. The site is irregular in shape with an
approximate 1.2km frontage to Lyell Road. Vehicle access is currently available to Lyell
Road. The site currently contains mixed pasture with some scattered vegetation
throughout the property. The site slopes down towards the Coliban River which adjoins
the site to the north. The site rises east-west to a plateau in the northeast corner of the
property.
PAGE 19
The site is adjoined by the Coliban River to the north and west, a 27.5ha lot to the east
which is currently vacant grazing land (however is subject to a current planning
application for the use and development of the land for a dwelling), Lyell Road to the
south and west.
The site is located in the Rural Conservation Zone along with the land to the north and
east. The land to the south is located within the Mount Alexander Shire and is within the
Farming Zone.
The locality is generally characterised by agricultural land uses such as grazing with
dwellings dotted around on lots. There is no consistent lot size or pattern in the area.
The subject site is approximately 5kms north of the Redesdale Township, 2kms south of
the Kimbolton State Forest, 2kms west of the Campaspe River and is within the
Eppalock Declared Water Supply Catchment.
Figure 1: Location map showing subject site.
PAGE 20
Figure 2: Zoning map of the subject site and surrounding area.
Proposal
The proposal is for the re-subdivision of the land into 3 lots and the construction of a
dwelling on each of the lots. The re-subdivision will result in the following lots:
 Lot 1 will have an overall area of 22.6ha and will contain a building envelope setback
120m from Lyell Road and 107m from the Coliban River (not the lot boundary).
 Lot 2 will have an overall area of 15.6ha and will contain a building envelope located
138m from Lyell Road and 98m from the western boundary.
 Lot 3 will have an overall area of 19.2ha and will contain a building envelope setback
245m from Lyell Road and 12.74m from the eastern boundary.
Revegetation is proposed within 100m of the Coliban River on all lots. The lots would be
accessed by a common accessway which involves the creation of a carriageway
easement as per the requirements of VicRoads. No plans of the proposed dwellings
have been provided.
PAGE 21
Figure 3: Proposed subdivision plan.
PAGE 22
Figure 4: Proposed subdivision outlining building envelope locations and revegetation.
Planning Controls - Greater Bendigo Planning Scheme
Permit requirements
The need for a planning permit is triggered by:

 Clause 35.06-1 Use of the land for a dwelling in the Rural Conservation Zone
 Clause 35.06-3 Subdivision of the land in the Rural Conservation Zone
 Clause 35.06-5 Buildings and works associated with a Section 2 Use in the Rural
Conservation Zone
 Clause 42.01-2 Subdivision and buildings and works in the Environmental
Significance Overlay
 Clause 52.02 Easement, Restrictions and Reserves
 Clause 52.29 Land Adjacent a Road Zone Category 1
The following clauses are relevant in the consideration of this proposal:
Planning Policy Framework

 Clause 11.01-1R Settlement – Loddon Mallee South
 Clause 12 Environmental and landscape values
 Clause 12.03-1S River corridors, waterways, lakes and wetlands
PAGE 23
 Clause 13 Environmental risks and amenity

 Clause 14 Natural resource management
 Clause 14.01-1S Protection of agricultural land
 Clause 14.02-1S Catchment planning and management
 Clause 14.02-2S Water quality
 Clause 16.01-5S Rural residential development
 Clause 19.03-3S Water supply, sewerage and drainage
Municipal Strategic Statement

 Clause 21.02-2 Environment (natural resource management)
 Clause 21.02-3 Economic development (agriculture)
 Clause 21.07-8 Agriculture
 Clause 21.08-1 Natural resource management
 Clause 21.08-2 Wastewater
Local Planning Policies

 Clause 22.02 Rural dwellings policy
 Clause 22.03 Rural subdivision policy
Other Provisions
 Clause 35.06 Rural Conservation Zone
 Clause 42.01 Environmental Significance Overlay
 Clause 52.02 Easements, restrictions and reserves
 Clause 52.29 Land adjacent to a Road Zone Category 1
 Clause 65 Decision guidelines
 Clause 71.02-3 Integrated decision making
Referrals
The following authorities and internal departments have been consulted on the proposal:
Referral Comment
Powercor No objection subject to conditions
Coliban Water No objection subject to conditions
Downer No objection
Goulburn-Murray Water No objection subject to conditions
(GMW)
North Central Catchment No objection subject to conditions
Management Authority
Department of No objection subject to conditions
Environment, Land, Water
and Planning (DELWP)
PAGE 24
Referral Comment
VicRoads No objection subject to conditions
Traffic Engineer No objection
Development Engineer No objection
Environmental Health No objection subject to a notation on the permit
Public Notification
The application was advertised by way of notice on the site and letters to adjoining and
nearby owners and occupiers.
As a result of advertising, no objections were received.
Planning Assessment
Is the proposal in accordance with the Planning Policy Framework (PPF) and the Local
Planning Policy Framework (LPPF)?
Planning Policy Framework provisions of particular relevance to this application include

Clauses 11, 12, 13, 14, 16 and 19. The above policy relates to the protection of water
supply and water supply catchments, discouraging rural residential development in
inappropriate locations and protecting the environmental, cultural and landscape values
of rural areas. These themes are also picked up in the Local Planning Policy Framework
through Clauses 21.02, 21.07 and 21.08.
Clause 14.02-1 Catchment planning and management has the objective to assist in the
protection and restoration of catchments and requires the responsible authority to
consider policy document Planning permit applications in open, potable water supply
catchment areas (Department of Sustainability and Environment, 2012).
The above Guidelines were adopted by the Minister for Water for the purposes of
Section 60(1A)(g) of the Planning and Environment Act 1987 and aim to protect the
quality of potable water supplies such as Lake Eppalock. The Guidelines include 5
guidelines which are to be assessed on a risk based approach.
The Guidelines require the responsible authority to consider the cumulative impact of
residential development within water catchments, regardless of whether the proposal
technically complies with the relevant setbacks and guidelines.
The first guideline of the document states that the density of dwellings in catchments
should be no greater than one dwelling per 40 hectares (1:40) and each lot created in a
subdivision should be at least 40 hectares in area. A higher density may be considered
by the water authorities when a number of conditions are met which relate to the lots
meeting the minimum lot size of the zone, the water corporation being satisfied with the
Councils Domestic Wastewater Management Plan and the proposal does not present an
unacceptable risk to the catchment having regard to a number of things.
PAGE 25
The applicant has not provided a detailed assessment of the density of dwellings within
the catchment and the City’s assessment of the density is limited to the information
which is available and accessible by the City. The land adjoining Lyell Road is located
within the Mount Alexander Shire and therefore an accurate assessment could not be
completed of this area.
A density of 1:40 allows 7.85 dwellings within a 1km radius. Based on this, it appears the
proposal complies with the guideline's 1:40 density as the proposal will result in
approximately 6 dwellings within a 1km radius. However, this is not based on a detailed
assessment of the catchment or sub catchment and it is noted that there are areas of
higher density within the surrounding area which could alter the overall dwelling density
in the catchment.
Regardless of dwelling density, guideline 1 also relates to lot size and recommends a
minimum lot size of 40ha. The proposal does not meet this as the lot sizes are well under
40ha.
The remaining 4 guidelines relate to disposal of effluent, revegetation, building setbacks

and agricultural activities. The proposal is in accordance with these 4 guidelines.
It is accepted that GMW and Coliban Water have consented to the granting of a permit
as the information provided with the application technically demonstrates the wastewater
from the dwellings can accommodated on site and meet the relevant setbacks and
guidelines set by the EPA. However, the capability of the site to accommodate the
proposal does not adequately address the cumulative risk factor which the Guidelines
require the responsible authority to consider. The referral responses from the water
authorities made no mention of the guidelines or how the proposal is in accordance with
them.
In regards to potential impact on agricultural land uses, as outlined in the subject site and
surrounds, the area is characterised by agricultural land uses even though there are
dwellings located in the area. Clause 14.01 and Clause 21.07 aim to protect agricultural
land from encroaching residential development, such as the proposal.
Agriculture is an important part of the City’s economy and the continuing expansion of
residences on rural land severely impacts the ability for agricultural uses to be viable into
the future and therefore sprawl of residential land uses into agricultural land must be
minimised.
The site is currently utilised for grazing, which is typical to the surrounding area and the
land within the Mount Alexander Shire is within the Farming Zone. The Mount Alexander
Shire soil mapping identifies the land directly adjacent to the subject site as being of
moderate agricultural quality and then further to the south west as being low. While this
may not appear to be high quality agricultural land, it should be noted the highest
classification identified on the soil mapping is moderate. It is considered the approval of
three dwellings will encroach onto existing agricultural land and limit the potential for land
to be used for agricultural land uses into the future.
The City has two local planning policies which are relevant to an application of this
nature, Clause 22.02 Rural Dwellings Policy and Clause 22.03 Rural Subdivision Policy.
PAGE 26
Clause 22.02 Rural Dwelling Policy discourages dwellings on existing small lots (lots
smaller than the schedule minimum) in all rural areas except if the subdivisions have
been created since the introduction of the planning control, substantial infrastructure
works have been completed or the land has no agricultural potential and native
vegetation will be retained and managed. The subdivision has not been created since the
introduction of the planning control, substantial infrastructure works have not been
completed and the site does have agricultural potential therefore regardless of the
proposed revegetation, the proposal does not meet the requirements of Clause 22.02.
Clause 22.03 Rural Subdivision Policy discourages subdivisions that are likely to lead to
such a concentration of lots that will change the general use and character of the rural
area and which is not consistent with the purposes of the zone. The proposed
subdivision is inconsistent with the purposes of the Rural Conservation Zone, which are
to protect the landscape and environmental values and particularly minimise impacts on
Lake Eppalock. This is further discussed later in this report. Clause 22.03 also states
boundary realignments should be discouraged except if they are minor adjustments to
take into account physical, man-made or topographical features of the site.
The proposal does not meet either of the above policy objectives; rather the proposal is
treating the site as if it were an area identified as being for rural living. The proposal will
result in the intensification of residential development in a location not being appropriate
for residential land uses.
The proposal is at odds with the PPF and LPPF as it will result in the intensification of
residential land uses in the Lake Eppalock Water Supply Catchment Area, will adversely
impact existing and future agricultural land uses and will change the character of the
area to rural residential.
Does the proposal meet the purposes of the Rural Conservation Zone and the
Environmental Significance Overlay?
The Rural Conservation Zone aims to protect the natural environment and resources
such as Lake Eppalock whilst also providing for appropriate agricultural uses which do
not adversely impact the conservation values.
The Rural Conservation Zone is not a residential zone. A dwelling is a section 2 use and
a permit may be granted if it supports the objectives and the decision guidelines of the
zone. As is the case with any application for a planning permit, just because a land use is
permitted in the zone it does not automatically make it acceptable for a planning permit
to be granted.
The subject site is also affected by the Environmental Significance Overlay Schedules 1
and 3 which aim to protect waterways and the Lake Eppalock Declared Water Supply
Catchment.
The Planning Scheme does not identify the subject site as being suitable for rural
residential development nor is the site located in close proximity to rural living land. The
site is within an area zoned Rural Conservation Zone and Farming Zone and the
Planning Scheme includes a clear policy direction of protecting catchments, protecting
agricultural land and directing rural living into appropriate areas such as on the outskirts
of townships like Heathcote and Strathfieldsaye.
PAGE 27
It is clear by the zoning and overlays affecting the site, that this area has strategically
been identified as generally not suitable for residential development. The fact that these
lots are existing does not justify the granting of a permit for a dwelling regardless of
whether the land may otherwise remain undeveloped.
Although the lots are existing, the site is located within a rural zone which does not allow
the creation of lots under 40ha unless the subdivision is a re-subdivision. Even then,
there is a considerable amount of policy discouraging small lot subdivisions (under the
minimum lot size) which the proposal is at odds with.
It should be noted that although there are three existing lots, CA 27E currently only has a
lot area of approximately 2.5ha and there are concerns over whether this lot would be
capable of accommodating a dwelling with the current lot configuration. This is for a
number of reasons including the size of the existing lot, the soil type making it difficult to
accommodate wastewater systems, the location of the lot in proximity to Lyell Road (a
dwelling would likely affect the landscape values of the area being so close to the road)
and the fact there is no formal access to the site therefore the applicant would be
required to construct the existing track which joins Mud Lane to Lyell Road.
The City does not consider the small lot has the potential to accommodate a dwelling
and therefore the proposal will essentially result in an increase of dwellings in the area
with the existing lot configuration providing the potential for two dwellings and the
proposed lot configuration resulting in three dwellings.
Increasing the number of dwellings the site is capable of accommodating is not an

acceptable outcome in regards to the water catchment nor is it in accordance with the
intent of Clause 35.06-3 which only allows smaller lot subdivisions based on the
subdivision not increasing the number of dwellings the land could be used for. This
proposal would result in an increased risk to the potable water supply through increasing
the number of dwellings, compared to what the site could potentially accommodate
currently.
As outlined above, regardless of whether the water authorities consented to the granting
of a permit, this is not the only consideration of an application of this nature and as stated
above, a proposal technically complying with EPA guidelines for wastewater does not
mean a planning permit should be issued. Even without the argument regarding the
proposal posing a risk to the water supply catchment, the proposal is still at odds with the
purpose of the Rural Conservation Zone, which is to conserve the character of open rural
and scenic non-urban landscapes.
The argument that previous planning permits have been issued in the area and an
additional 3 dwellings will have no further impacts is not accepted. The incremental
impact of individual changes eventually undermines the integrity of rural zones such as
the Rural Conservation Zone. Even though previous planning permits have been issued
in the area, this does not make it appropriate to continue issuing planning permits for
residential land uses and each application must be considered on its own merit.
PAGE 28
The applicant has proposed revegetation of the waterways and is proposing a number of
land management techniques through the submitted environmental management plans
to address the requirements of Clause 22.02 Rural Dwellings Policy. However, it is not
considered that the environmental and land management benefits proposed by the
applicant are so great as to outweigh the concern that the strategic direction for this part
of the municipality would be compromised by approval of this proposal. The environment
and land management techniques proposed also do not require the construction of three
dwellings on the land to enable them to occur.
The Rural Conservation Zone also requires the responsible authority to consider the
design and siting of dwellings. The applicant has not provided development plans,
therefore consideration of the design of the dwellings cannot be assessed. However, the
siting of the building envelopes does not raise any major concerns in regards to the
landscape character; rather it is the intensification of dwellings in the area that is of a
concern.
The subject site being located within the Rural Conservation Zone and Environmental
Significance Overlay is considered to be a strong policy direction to protect the land from
more intensive residential development such as this proposal. It would be more
acceptable in areas designated for rural living. The proposal is intensifying residential
development and therefore the proposal is at odds with the purposes of the Rural
Conservation Zone and Environmental Significance Overlay.
Relevant VCAT determinations
There are a large number of VCAT cases which consider the issues around applications
for use and development and subdivision within the Rural Conservation Zone and water
supply catchments. These decisions specifically discuss the Guidelines for Planning
Permit applications in open, potable water supply catchment areas which are a policy
document of Clause 14.02-1 Catchment planning and management.
Two 'Red Dot' decisions are discussed below which include similar proposals and policy
to this application.
Rozen v Macedon Ranges SC (includes Summary) (Red Dot) [2009] VCAT 2746 (23
December 2009)
This VCAT case concerned an application for four dwellings on four allotments, having
an average size of 18 hectares each, in an open, potable water supply catchment. This
case is of particular interest as the Tribunal initially granted a permit for the application.
The decision was overturned by the Supreme Court on the basis that the tribunal had
misstated and misapplied the precautionary principle and did not consider the cumulative
risk created by otherwise individually appropriate septic tank systems.
This case was determined prior to the introduction of the current Guidelines for Planning
permit applications in open, potable water supply catchment areas, however was
assessed against the previous Guidelines dated May 2009 which involve the same
principles and most importantly include the same 1:40 density as the current Guidelines.
The site relevant to this case is similar to the subject site in that it is located within the
Rural Conservation Zone and is located in the Lake Eppalock Water Supply Catchment.
PAGE 29
The tribunal originally took the approach that a satisfactory land capability assessment
and septic tank design which meets the Septic Tank Code of Practice as achieving a
satisfactory result. The Supreme Court stated such an approach does not adequately
address the cumulative risk factor recognised both by the Guidelines and the terms of
the planning scheme policies either at all, or within the context of the precautionary
principle.
Assessing the cumulative impact due to the proposal exceeding the recommended 1:40
density, the Tribunal formed the view that any environmental and land management
benefits arising from allowing a dwelling are not so great as to override the strategic
direction for protecting the catchment.
As is with the current application, satisfactory land capability assessments were provided
which demonstrated the site could accommodate septic systems in accordance with the
code of practice, however this did not mean the proposal should automatically be
considered satisfactory.
The case determines that the guidelines should take priority over competing policy
objectives or decision guidelines in the planning scheme in the event of a conflict and
that the protection of water sources is of paramount importance and must never be
compromised. The decision concluded that in the interests of net community benefit and
sustainable development, a planning permit for one dwelling should be granted rather
than four.
Kapiris v Macedon Ranges SC (includes Summary) (Red Dot) [2012] VCAT 1969 (28
December 2012)
This VCAT case relates to the construction of a dwelling on a 16ha lot in a proclaimed
potable water supply catchment. The site is located within the Rural Conservation Zone
and the Rosslynne Reservoir Catchment. This application is considered against the
current version of the guidelines. Both water authorities objected to the issuing of a
planning permit and the Council’s grounds for refusal were primarily around this except
for one which related to consistency with the conservation values of the Rural
Conservation Zone.
A key point of the applicant’s submission was that the application proceeds on the basis
that a dwelling is needed to more effectively manage the environmental and landscape
attributes of the land. The Tribunal questioned whether the improved environmental
outcomes proposed could be achieved without a dwelling on the land and whether it is
necessary to reside on the land in order to better manage vegetation, control pest plants
and animals and undertake other land conservation and rehabilitation activities. It was
accepted that there were potential benefits to residing on the property for these tasks,
however the Tribunal was not persuaded that those benefits outweigh the broader policy
outcomes seeking to limit dwellings in water supply catchments.
The Tribunal concluded that, although the effluent disposal treatment system and effluent
disposal could achieve EPA setback distances, the dwelling density of 1:40 was
considerably exceeded and on that basis alone the development of a dwelling should not
proceed.
PAGE 30
Conclusion
This application should be refused on the basis that it represents an unacceptable risk to
the Lake Eppalock Water Supply Catchment due to the cumulative impact of residential
development. The proposal constitutes an encroachment of residential activities on
agricultural land and land identified as not being appropriate for residential development
and is contrary to the purpose of the Rural Conservation Zone and Environmental
Significance Overlay.
It is recommended that a Notice of Refusal to Grant a Permit be issued.
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.
PAGE 31
Wellbeing and Fairness - Reports Ordinary Meeting - 21 November 2018
3. WELLBEING AND FAIRNESS
3.1 COMMUNITY GRANTS PROGRAM - ASSESSMENT PANEL MEMBER

APPOINTMENTS
Author Narelle Lyle, Strong Communities Officer

Deb Simpson, Coordinator Strong Communities
Responsible Vicky Mason, Director Health and Wellbeing

Director
Purpose
For Council to consider all Expressions of Interest received for Community Grants
Community Assessment Panel (Panel) membership and to appoint Panel members.
RECOMMENDATION
That Council, following consideration of Expressions of Interest received for Community

Grants Community Assessment Panel (Panel) membership,:
1. Appoint the following 14 people to the Panel:

- Amanda Burrows
- Kate Hicks
- Megan Kreutzer
- Michael Trounson
- Dr Dean Shirley
- Tim Hoogwerf
- Rick Christie
- Francis Lynch
- Bryce Killian
- Bryley Savage
- Indivar Dhakal
- Christina Finch
- Trudi Jackson
- Dellice Coultas
2. Write to all previous Panel members to thank them for their commitment to the
Panel.
~~~~~~~~~~~~~~~~~~~~~~~~~
PAGE 32
Policy Context
Community Granting Policy:
The Policy includes the following provisions:
- a Panel is to be convened to assess all applications received for the Medium and
Large Grants. This is due to the significant value of the grants offered through
these grant programs.
- Panel members are to be recruited through a public Expression of Interest process

that occurs at least once every four years.
- Panel members are to be appointed by Council on the basis of their demonstrated

capacity to evaluate the strategic alignment and sustainability of intended initiative
outputs and / or outcomes.
- Council will appoint up to 15 Panel members that can be drawn upon for
assessment processes based on availability. Any Panel that is convened is to be
comprised of a minimum five and a maximum of nine members.
- Panel membership is on a voluntary basis and is for a maximum four year term.
City of Greater Bendigo Community Plan 2017-2021:

Goal 1 Lead and Govern for all
Objective 1.4 Be accountable and efficient in the use of the community’s money.
Council Policy Reference (include weblink as applicable):
Community Granting Policy.
Community Grants Guidelines 2017 – 2021.

http://www.bendigo.vic.gov.au/sites/default/files/2018-08/City-of-Greater-%20Bendigo-
community-grants-guidelines-2017-2021-August-2018-pdf.pdf
Expressions of Interest (EOI) for Panel membership were publicly sought through
advertisements and / or articles in newspapers and community newsletters, the City of
Greater Bendigo’s (City) website and social media accounts plus relevant email
networks.
EOIs opened on October 1 and closed on October 15, 2018.
PAGE 33
The role of Panel members is to individually assess Medium and Large applications
against established criteria, and to then collectively develop funding recommendations
for Council consideration.
March 21, 2018: Council adopted the Community Granting Policy.
Report
14 EOIs were received in total. Four EOIs were from community members who have had
previous involvement in the Panel, whilst ten EOIs were from people who have had no
previous involvement.
The EOI process required applicants to respond to six questions. These questions
sought information from applicants about relevant knowledge, skills and previous
experience, plus the ability to maintain confidentiality.
All EOIs received were assessed by the following three City staff:
• Deb Simpson (Coordinator Strong Communities)
• Breanna Wickham (Strong Communities Officer)
• Narelle Lyle (Strong Communities Officer)
As a first step, each staff member individually assessed all applicants against the
following criteria:
- motivation to nominate.
- experience in working with the community.
- experience in assessing project proposals.
- experience in assessing grant applications.
- experience in preparing grant applications.
- ability to maintain confidentiality.
As a second step, the three staff members met to discuss their assessment scores. The
scores were then used as the basis for formulating the recommended Panel member
appointments for Council consideration.
Staff considered all 14 EOIs received to be of a relatively high standard and all 14
applicants have subsequently been recommended for Panel membership.
It is considered that the recommended applicants collectively offer a balance of gender,

Ward, urban and rural community representation.
It is a high priority to ensure that resources are aligned to activities that will be of greatest
community benefit, and that funding allocations are underpinned by the principles of
transparency, equity and sustainability. The use of Panels to assess grant applications
and to develop funding recommendations for Council consideration is one of the
strategies embedded within the Guidelines for achieving transparency
PAGE 34
The opportunity to submit an EOI for Panel membership was publicly advertised through
a range of mediums.
Panel membership is on a voluntary basis.
The Policy provides for the Panel to be administratively supported by City of Greater
Bendigo’s Strong Communities Team.
Attachments
Nil.
PAGE 35
Strengthening the Economy - Reports Ordinary Meeting - 21 November 2018
4. STRENGTHENING THE ECONOMY
4.1 GREATER CREATIVE BENDIGO
Author Stacey Poulter, Strategic Planner
Responsible Bernie O’Sullivan

Director
Purpose
The purpose of this report is to seek adoption of the arts and creative industries strategy
titled Greater CREATIVE Bendigo.
Summary
Following the successful implementation of the Arts and Culture Strategy 2008-2011,
Council identified the need for a new strategy and included in the Community Plan 2017
– 2021 an action to prepare an arts and creative industries strategy. A new strategy,
titled Greater CREATIVE Bendigo, has been prepared that is designed to provide
direction and priorities for future support and investment in the cultural and creative
industries.
Greater CREATIVE Bendigo embraces the evolution of cultural and creative industries
and highlights the significant contribution they make to our economy, liveability, and
health and wellbeing. The strategy seeks to ensure that we are well positioned to secure
opportunities in the future.
An extensive community engagement program was undertaken for the development of

Greater CREATIVE Bendigo. Community feedback provided an understanding of
creative activity across our city and region, the key issues, and guidance on the direction
and ambition for such a strategy. The process was assisted by an innovative
engagement program and the development and workshopping of a draft vision and draft
strategy. A summary of the community engagement program and its outcomes is
included in Appendix 1.
RECOMMENDATION
That Council resolve to adopt Greater CREATIVE Bendigo.
~~~~~~~~~~~~~~~~~~~~~~~~~
PAGE 36
Policy Context

Goal 3 Strengthening the economy
Ensure Greater Bendigo is a welcoming place for new businesses
and industries, and supports creativity and innovation and visitor
attraction
Objective Attract and support creative industries
3.3.4 Engage widely and prepare an Arts and Creative Industries
Strategy
The City of Greater Bendigo adopted an Arts and Culture Strategy 2008-2011. The key
elements in the Strategy have been delivered and were successful in further developing
and solidifying Bendigo’s arts and culture reputation. Since the previous Strategy the
scope of ‘arts and culture’ has evolved substantially, and the terms ‘creative industries’,
‘creative economies’ and ‘creative cities’ are now extensively used. These terms
embrace the more traditional term arts and culture and now include a much wider range
of activities, occupations and pursuits.
The new strategy recognises the expansive and shifting nature of creative activity in our
city and the wider region, and takes a broad approach which reflects what is happening
around the world. The term ‘cultural and creative industries’ encompasses traditional
arts, cultural activities and heritage, innovative technologies, design, and the digital age.
These industries are driven by individual, business and community creative talent and
involve intellectual input or property.
Creativity is integral to the new economy, which values knowledge, flexibility and
inventiveness and sees towns and cities around the world looking to their creative
communities to lead change and development. Places that champion cultural and
creative industries prosper – they attract and retain talented people who bring vibrancy
and investment. Significantly, the category of cultural and creative industries in Greater
Bendigo makes up 13.3% of employment.1 In 2016 there were 1,177 people employed in
cultural and creative occupations. 2
In Victoria creative industries contributed $22.7B to the economy in 2013 (more than
construction at $19.8B and close to manufacturing at $26.3B).3 According to the Australia
Council for the Arts, 98% of Australians engage with the arts and recognise their positive
impacts.4 Council has consistently and increasingly recognised the importance of the
cultural and creative industries and the value of building on Greater Bendigo’s creative
1
ABS, Customised report, 2018
2
ibid
3
‘Creative Industries Discussion Paper’, Creative Victoria, 2015 <https://creative.vic.gov.au/creative-
state/introduction>, accessed 23 Oct. 2017.
4
‘National Arts Participation Survey’, Australia Council for the Arts, (27 June 2017)
<http://www.australiacouncil.gov.au/research/connecting-australians/>, accessed 23 Oct. 2017.
PAGE 37
reputation to attract and retain talented people. Such people and their talents and skills
bring and embed vibrancy and investment. Cultural and creative industries are vital to
creating the world’s most liveable community.
20 September 2017 – Council supported the development of an Arts and Creative

Industries Strategy for Greater Bendigo in accordance with the project scope; and
confirmed the appointment of Councillors Emond and Fyffe to participate on the Project
Working Group.
Report
Scoping of the arts and creative industries strategy began in June 2017 and has been
overseen by a Project Working Group (PWG). The PWG was comprised of two City of
Greater Bendigo Councillors, relevant directors, managers and key support staff, as well
as the CEO of the Goldfields Library Corporation. In addition to the PWG, a Technical
Advisory Group (TAG) was formed, made up of community members from across a
broad range of cultural and creative industries, which provided advice during
development of the strategy.
Development of this strategy is a key action in the Council’s Community Plan 2017-2021,
and part of working towards Council’s vision of ‘creating the world’s most liveable
community’. Importantly, the vision and actions of Greater CREATIVE Bendigo align with
the goals, objectives and actions in the City of Greater Bendigo’s Community Plan 2017-
2021.
Greater Bendigo is ideally positioned to support a creative lifestyle, offering an affordable

alternative to capital cities and boasting a unique creative scene. The City plays an
important role in the cultural and creative industries and is actively working to attract
these enterprises to the region. Greater CREATIVE Bendigo builds on all the work
already undertaken to grow and promote creativity in our city and region, and its actions
embed ongoing change in our organisation and our community.
One of the challenges of developing this strategy was expanding our thinking to better
reflect the breadth of creative activity happening in our city, towns and rural areas. The
city and region has many innovative cultural and creative industries operating, but they
can tend to fly under the radar to some extent, and one of the aims of the strategy is to
better recognise their potential.
An important aspect of developing this strategy was taking a regional approach to the
cultural and creative industries. Greater Bendigo sits within a diverse creative area – one
which covers central Victoria and the Loddon-Campaspe region. Greater CREATIVE
Bendigo has been developed with an understanding that municipal boundaries are
largely irrelevant to the scope of this project and its ambitions. The cultural and creative
industries are an essential part of the character, culture and liveability of central Victoria.
As a region we can promote our individual strengths and maintain our unique identities,
while ensuring that they complement and inspire each other.
PAGE 38
In developing Greater CREATIVE Bendigo the importance of working collaboratively with

community groups, regional Councils, State Government departments and agencies, and
peak bodies was also recognised. A number of external plans, strategies and programs
have been important to the development of the strategy and will continue to guide its
implementation.
Greater CREATIVE Bendigo embraces the continuing evolution of cultural and creative
industries and ensures that we are well positioned to secure opportunities in the future.
Importantly, the strategy provides direction and priorities for future support and
investment.
An extensive community engagement program was undertaken over the development of

Greater CREATIVE Bendigo. At each milestone of the project the City asked the
community for their input in shaping the future of the cultural and creative industries in
our region, and for their feedback on how this has been reflected in the progressive
development of the strategy.
Significant in this process was listening to and building trust with the community. Some
members of the community expressed that they have felt locked-out of certain Council
processes in the past, so it was important to demonstrate and actively display a
commitment to openness and transparency. The strategy seeks to reflect what the
community has told us, and provides a framework for how the City and community can
work together to achieve their shared goals.
Cultural and creative industries are vital to the new economy and for our health and
wellbeing. The City plays an important role in the cultural and creative industries and is
actively working to attract these enterprises to the region. Greater CREATIVE Bendigo
builds on all the work already undertaken to grow and promote creativity in our city and
region, and its actions are designed to embed ongoing change in our organisation and
our community.
Options/Alternatives:
Council has the option of adopting Greater CREATIVE Bendigo or not adopting the
document.
Timelines:
The preparation of the strategy commenced in June 2017 with the final document
originally scheduled to be completed by June 2018. The extent of community
engagement and the scope of the document has extended the completion to November
2018.
Progress:
Council has met its milestones for this project. This is the final stage in the preparation of
the strategy with the presentation of Greater CREATIVE Bendigo.
PAGE 39
Risk Analysis:
The City has engaged extensively with the community, local businesses, organisations
and individual residents, as well as peak bodies and government, and overall there is an
appreciation of the economic and health significance of the cultural and creative
industries. By not adopting the strategy Council will not deliver on its undertaking and
commitment.
Internal Consultation:
City officers have invited feedback from internal departments, including through all-staff
drop in sessions, throughout the preparation of the strategy and have presented at
directorate managers’ meetings.
Community consultation was undertaken for each of the three project milestones, taking
place in November 2017, April 2018 and August 2018 for a total period of 14 weeks. This
consultation consisted of:
 Postcards, posters and information sheets – 2,556 distributed across Council offices
and libraries, and throughout businesses and post offices in the City of Greater
Bendigo, Loddon Shire Council and Mount Alexander Shire Council.
 Listening posts – at the Bendigo Farmers Market and the Bendigo Library
 Project webpage – 2,571 views
 Facebook – 39,937 users reached
 Media releases
 Three surveys – 288 responses
 Three (free) public events – attended by approximately 500 people and engaged 40
local creatives
 Emails sent to project mailing list – 245 people and organisations
 Newspaper – 12 advertisements
 Radio – 3 interviews
 Workshops – 9 held with community members and City staff
 Meetings – 27 held with over 120 people and organisations
Overall there was strong support for the draft strategy, in particular elevating the
importance of cultural and creative industries. A broad range of views and opinions was
expressed, with many supporting elements of the draft vision and the draft strategy and
also providing suggested changes. Strong themes that came through from the
community include:
 Recognise the importance and benefits of creativity

 Greater understanding and representation of Traditional Owners and Aboriginal and
Torres Strait Islander cultural and creative practices
 Inclusion of people from diverse backgrounds
 Access to affordable and flexible spaces
PAGE 40
 Activate public and private spaces

 Grow networks that are supportive and inclusive
 Connect and collaborate with other creatives as well as non-creatives
 More opportunities for funding, pathways and professional development
 Focus on supporting local individuals and businesses
 Maintaining a broad and strategic approach to cultural and creative industries
 Supporting local creatives and initiatives through empowerment and providing
opportunities
 Collaboration across the region and regional leadership.
The ‘Creative Conversations’ series was an important part of the City of Greater
Bendigo’s community engagement during the preparation of this strategy. The purpose
of these events was to:
 provide a public platform for the Bendigo community to explore a range of ideas and
initiatives about how we build a creative city;
 challenge people’s perceptions of the traditional ‘arts’ and what creativity could mean
for Greater Bendigo and our region; and
 provide an opportunity for Greater Bendigo and our region to showcase existing
artistic work as well as works-in-progress and collaborations between creatives.
Peer review:
The draft strategy was peer reviewed by Esther Anatolitis, an independent expert and
director of the National Association of Visual Artists (NAVA). Testimonial quotes from the
reviewer include:
“I’m impressed with both the depth and the scope of Greater CREATIVE Bendigo.
Bendigo is drawing on its 60,000-year Dja Dja Wurrung and Taungurung culture, and
seizing the opportunities afforded by Artlands and its Regional Centre of Culture
designation, to foster what Bendigo has always been: a place that honours creative
practice as core to its identity.”
“The best way to see a creative scene thrive is to invest in those diverse modes of
working that independent creatives invent daily. This means being responsive, shifting
and de-risking Council processes to open up that potential for change. This is exactly
what Greater CREATIVE Bendigo has in mind.”
Development of this strategy has been funded from the 2017-2018 budget and the
current 2018-2019 budget.
Projected costs for future financial years:
There are actions proposed in the implementation plan that have budget implications,
which will need to go through the normal budget cycle and be determined by Council.
PAGE 41
Attachments
1. Summary of community engagement

2. Greater CREATIVE Bendigo
PAGE 42
Environmental Sustainability
Embracing Our Culture and Heritage Ordinary Meeting - 21 November 2018
5. ENVIRONMENTAL SUSTAINABILITY
Nil.
6. EMBRACING OUR CULTURE AND HERITAGE
Nil.
PAGE 43
Lead and Govern For All - Reports Ordinary Meeting - 21 November 2018
7. LEAD AND GOVERN FOR ALL
7.1 COUNCIL MEETING DATES 2018/2019 MAYORAL TERM
Author Jessica Clarke-Hong, Manager Governance
Responsible Andrew Cooney, Director Corporate Performance
Purpose
The purpose of this report is to put forward proposed Council Meeting dates for the
2018/2019 Mayoral term.
Summary
It is proposed that the following Ordinary Council Meeting dates for December 2018 and
for 2019 (to November 20, 2019) be adopted.
RECOMMENDATION
That the Ordinary Meeting of Council dates for December 2018 and for 2019 (to
November 20, 2019) as detailed in this report be confirmed and advertised.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context

Goal 1 Effective community engagement will guide well informed,
responsive decision-making and financially responsible resource
allocations, which are transparent and accountable.
PAGE 44
Report
It is proposed that the following Ordinary Council Meeting dates for December 2018 and
for 2019 (to November 20, 2019) be adopted. The dates are based on Council Meetings
being held on the third Wednesday of every month at 6.00pm at the Bendigo Town Hall
(except for the first meeting for 2018, which will be held on the fourth Wednesday of the
month - January 23, 2019) and the final meeting in December 2018 to be the second
Wednesday of the month to allow decisions to be implemented prior to Christmas.
The consistent monthly meeting day and time is considered by the 2016/2020 Council to
continue to have a number of advantages:
 More certainty for the community and all other interested parties;
 The opportunity to circulate meeting agendas to the community earlier;
 Increased opportunities to meet with the community between formal Council
meetings.
2018
December 12
2019
January 23
February 20
March 20
April 17
May 15
June 19
July 17
August 21
September 18
October 16
November 20
Conduct of Council Meetings and advertising of meetings can be accommodated within

the current budget.
Attachments
Nil
PAGE 45
7.2 FINANCE REPORT QUARTER ONE
Author Nathan Morsillo, Manager Financial Strategy

Director
Summary/Purpose
To provide Council with a report on the financial position of the City of Greater Bendigo
(the City) at the completion of the first quarter of the 2018/19 financial year (Financial
Management Report).
RECOMMENDATION
That the Greater Bendigo City Council receive the Statement comparing Budgeted and
Actual Revenues and Expenses to 30 September 2018, in accordance with the
requirements of the Local Government Act.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context

Goal 1 Lead and govern for all
Objective 1.3 Be innovative and financially responsible
Objective 1.4 Be accountable and efficient in its use of the community’s
money
In accordance with Section 138 of the Local Government Act 1989:
“At least every 3 months, the Chief Executive Officer must ensure that a statement
comparing the budgeted revenue and expenditure for the financial year with the
actual revenue and expenditure to date is presented to the Council at a Council
meeting which is open to the public.”
Following the completion of the first quarter of the 2018/19 financial year (ending 30
September 2018), a review of the Council’s financial information and performance was
undertaken by the Finance Committee on 12 November 2018.
PAGE 46
Report
This report provides a summary update on the financial performance in comparison to

the adopted budget for the 2018/19 financial year with details in the Financial
Management Report.
1. Actual Financial Performance (as at 30 September 2018)

The City’s operating result for the September 2018 quarter is $5.8M favourable to
budget.
Operating Result - YTD Actual vs YTD Budget

Operating Result is a measure for accounting for an organisation's profit or loss for a
given period. An Operating Result recognises all revenue and operating expenditure; it
includes non-cash expenditure such as depreciation and non-cash revenue of donated
assets.
YTD Budget YTD Actual Variance

30/09/2018 30/09/2018
Surplus/(Deficit) Surplus/(Deficit)
$89.7M $83.9M $5.8M Favourable
The Income Statement for the period 1 July 2018 to 30 September 2018 – also within the
attached report – is presented below:
PAGE 47
Major variances that contribute to the result include:

Area Fav / Unfav Main Contributing Factors $
Government Unfav The unfavourable result is due to the timing of ($0.1M)
Grants - grant payments for the Garden Gully Pavilion
Capex project.
Contributions Fav Favourable result is due to contributions $1.2M

– Monetary received for the Black Spot projects ($0.3M),
Zebra crossings ($0.3M) and the Bendigo
Stadium ($0.7M). Contributions are forecast to
be fully expended.
Employee Fav Savings are due to vacancies in the Project $0.7M

Benefits Management Office, Regional Sustainable
Development and Engineering.
PAGE 48
Area Fav / Unfav Main Contributing Factors $

Contract Fav The favourable result is due to the year to date $2.4M
Payments, savings in Resource Recovery & Education
Materials and ($1.2M). These savings can be attributed to the
Services EPA levy accrual in line with the previous
quarter ($0.4M), along with contract waste
cartage, services and consulting ($0.6M)
tracking behind budget due to the
commencement of works scheduled for spring.
Operating Result – Forecast v Annual Budget

Major variances that contribute to the forecast result include:
Area Fav / Main Contributing Factors $
Unfav
Government Unfav The unfavourable result is attributed to the ($5.0M)
Grants – Federal Assistance Grant early payment
Operating received in June 2018.
Government Fav Favourable result due to the timing of $1.9M
Grants - contribution payments for Gurri Wanyarra.
Capex
Contributions Fav Favourable result is due to Black Spot projects $3.6M
– Monetary ($2.08M) and the timing of Bendigo Stadium
($0.7M) project contributions.
Contract Unfav The increase in grants has resulted in ($1.2M)

Payments, associated costs being forecast for the Golden
Materials and Square Revitalisation, Digital Innovation and
Services the Bendigo Creek Project. The costs are
anticipated to be consulting and contractor
costs. The additional grant funds exceed the
forecast additional expenditure. Additional costs
are also forecast for the operational running
costs and maintenance of Ulumbarra Theatre
and contractor costs to backfill vacancies in
Engineering.
Cash Result - YTD Actual vs YTD Budget

The City’s YTD cash result for the September 2018 quarter is $15.5M favourable to
budget. This favourable result is due to the recognition of prior year reserves
(predominantly grants) transferred back into the operating statement ($10.3M) and timing
differences in contract payments ($2.4M) as a result of operational projects not yet
commencing.
The Cash Result takes the operating result and removes non cash transactions. It also
includes capital works expenditure, loan repayments, new loan drawdowns and Reserve
transfer movements.
PAGE 49
YTD Budget YTD Actual Variance

30/09/2018 30/09/2018
$83.5M $99.1M $15.5M Favourable
2. Progressive Cash Surplus/Deficit Summary

The cash result is managed on an ongoing basis rather than annually, as the impact from
previous year's results affect the following year's budget. The table below details the
carry forward budgeted surplus from 30 June 2018.
Annual Budget
Surplus/(Deficit)
Accumulated Surplus Carried Forward $20,273,707
30/06/18
Carried Forward Capital Work Projects from ($14,782,260)
2017/2018
Grants received in 2017/2018 not spent at 30 ($761,871)
June 2018, that relate directly to projects in
2018/2019
2018/2019 cash result $460,535
Total Accumulated Surplus/(Deficit) at $5,190,111
30/06/19
Conclusion
The Finance Committee has reviewed the Income Statement comparing Budgeted and
Actual Revenues and Expenses to 30 September 2018.
PAGE 50
7.3 UPDATED INSTRUMENT OF DELEGATION TO CHIEF EXECUTIVE

OFFICER
Author Ryan Millard, Coordinator Legal Services

Director
Purpose
For Council to approve the updated Instrument of Delegation to the Chief Executive
Officer.
Summary
Council’s recently approved revisions to the Procurement Policy have necessitated a

revision to the Instrument of Delegation to the CEO to ensure the CEO is delegated
authority to act in accordance with the policy.
RECOMMENDATION
That Council resolve to:
1. approve the attached Instrument of Delegation; and
2. authorise the Chief Executive Officer to execute and affix Council’s common seal
to the Instrument of Delegation.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context

City of Greater Bendigo Council Plan 2017-2021
Goal: 1 Lead and govern for all
Objective:1.2 Be innovative and financially responsible
Under section 98(1) of the Local Government Act, Council can provide a broad
delegation to the CEO to do anything arising out of or connected with duties imposed
and functions or powers conferred by or under any Act (subject to several limitations).
PAGE 51
From time to time, it is necessary to review the conditions imposed on the delegation to
ensure the delegations are consistent with Council policy.
Previous Council Decision(s) Date(s): 19 April 2017
Report
The Instrument of Delegation to the CEO has been updated for two reasons:
1. To update the form of the Instrument to the Maddocks’ style, which mirrors many
other municipal councils in the State and forms part of the City’s transition to using
the Maddocks’ template instruments of delegation to manage all of its delegations;
and
2. to amend the upper limits of the CEO’s delegation for the execution of contracts
and contract variations to reflect the limits prescribed by the updated Procurement
Policy recently approved by Council.
Save for the revised format, the conditions and limitations imposed on the CEO’s
delegation generally accord with the conditions imposed in the current instrument dated
20 April 2017.
The delegation was provided for review as part of a briefing Councillors' held on 5
November 2018.
It is now appropriate for Council to approve the Instrument of Delegation and authorise
the CEO to execute and affix Council’s common seal to the Instrument.
Nil.
Attachments
1. Instrument of Delegation to the CEO
PAGE 52
Instrument of Delegation to Chief Executive Officer
Greater Bendigo City Council
Instrument of Delegation
to
The Chief Executive Officer
PAGE 53
Instrument of Delegation
In exercise of the power conferred by section 98(1) of the Local Government Act 1989
(the Act) and all other powers enabling it, the Greater Bendigo City Council (Council)
delegates to the member of Council staff holding, acting in or performing the position of
Chief Executive Officer, the powers, duties and functions set out in the Schedule to this
Instrument of Delegation,
AND declares that:
1. the Instrument of Delegation dated 20 April 2017 is revoked;
2. this Instrument of Delegation is authorised by a Resolution of Council passed on

##[#date#];
3. the delegation:
3.1 comes into force immediately the common seal of Council is affixed to
this Instrument of Delegation;
3.2 is subject to any conditions and limitations set out in the Schedule;
3.3 must be exercised in accordance with any guidelines or policies which

Council from time to time adopts; and
3.4 remains in force until Council resolves to vary or revoke it.
4. The member of Council staff occupying the position or title of or acting in the
position of Chief Executive Officer may delegate to a member of Council staff
any of the powers (other than the power of delegation conferred by section 98(3)
of the Act or any other powers not capable of sub-delegation) which this
Instrument of Delegation delegates to him or her.
Dated this day of 2018
The Common Seal of Greater )

Bendigo City Council was hereunto )
affixed in the presence of: )
Chief Executive Officer
PAGE 54
SCHEDULE
The power to:
1. determine any issue;
2. take any action; or
3. do any act or thing,
arising out of or connected with any duty imposed, or function or power conferred on
Council by or under any Act.
Conditions and Limitations
The delegate must not determine the issue, take the action or do the act or thing:
1. if the issue, action, act or thing is an issue, action, act or thing which involves:
1.1 appointing a person to act as Chief Executive Officer for a period

exceeding 4 weeks without prior approval of Council;
1.2 awarding and executing a contract which exceeds the value of $1.65
million (inclusive of GST), either for a single occurrence/year or
aggregated across multiple years and provided that any contract
awarded following a public tender process is reported to Council within 2
ordinary Council meetings following the finalisation of the tender process.
1.3 executing a variation of contract which exceeds 30% of the original

contract sum in the aggregate, or $495,000 individually (inclusive of
GST), whichever is the lesser, in accordance with Council policy.
1.4 acquiring an option to purchase property for strategic municipal purposes

where the option fee exceeds $100,000 (exclusive of GST) and provided
that Council is advised of the acquisition of the option within 2 following
the finalisation of the option acquisition;
1.5 initiating or continuing legal proceedings under section 232 of the Act if
the proceedings may:
1.5.1 raise substantial issues of controversy in the community;
1.5.2 affect the City’s relationship with other bodies; or
1.5.3 require substantial financial commitment from the City,
unless, in the Chief Executive Officer’s reasonable opinion, due to the

urgency of the matter the decision cannot be referred to a meeting of
Council for a decision and:
1.5.4 the Chief Executive has first consulted with the Mayor; and
1.5.5 arrangements are put in place to report the matter to Council at

the first opportunity;
PAGE 55
1.6 making a local law under Part 5 of the Act;
1.7 approval of or adjustment to the Council Plan under s.125 of the Act;
1.8 adoption of the Strategic Resource Plan under s.126 of the Act;
1.9 preparation or adoption of the Budget or a Revised Budget under Part 6

of the Act;
1.10 adoption of the Auditor's report, Annual Financial Statements, Standard

Statements and Performance Statement under Part 6 of the Act;
1.11 determining pursuant to s.37 of the Act that an extraordinary vacancy on

Council not be filled;
1.12 exempting a member of a special committee who is not a Councillor from

submitting a return under s.81 of the Act;
1.13 appointment of councillor or community delegates or representatives to

external organisations; or
1.14 the return of the general valuation and any supplementary valuations;
2. if the issue, action, act or thing is an issue, action, act or thing which is required
by law to be done by Council resolution;
3. if the issue, action, act or thing is an issue, action or thing which Council has
previously designated as an issue, action, act or thing which must be the subject
of a Resolution of Council;
4. if the determining of the issue, taking of the action or doing of the act or thing
would or would be likely to involve a decision which is inconsistent with a:
4.1 policy; or
4.2 strategy,
adopted by Council; or
5. if the determining of the issue, the taking of the action or the doing of the act or
thing cannot be the subject of a lawful delegation, whether on account of section
98(1)(a)-(f) (inclusive) of the Act or otherwise; or
6. the determining of the issue, the taking of the action or the doing of the act or
thing is already the subject of an exclusive delegation to another member of
Council staff.
PAGE 56
7.4 APPOINTMENT OF INDEPENDENT MEMBERS OF THE AUDIT AND

RISK COMMITTEE

Director
Summary/Purpose
To recommend the appointment of Independent Members of the Audit and Risk

Committee.
RECOMMENDATION
That the Greater Bendigo City Council appoint Mr Shannon Buckley and Ms Jovana
Obradovic-Tantra as the independent members of the Audit and Risk Committee for a
term of three years, concluding on 1 October 2021.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context

City of Greater Bendigo Council Plan 2017-2021
Goal: 1 Lead and govern for all
Objective:1.2 Be innovative and financially responsible
The new Audit and Risk Committee Charter ‘the charter’ states that the Audit and Risk
Committee will consist of a minimum of five members comprised of a minimum of three
suitably qualified independent representatives and a minimum of two Councillors. The
independent members shall be the majority of the number of voting members. The
appointment of independent representatives shall be made by Council and be for a term
of three years.
Mr Ken Belfrage was appointed as independent member of the Audit Committee on 14

December 2011 for a period of one year and reappointed on 1 October 2012 for a three
year term which expired on 1 October 2015. In accordance with the previous Audit
Committee Charter, the vacant position was advertised on 22 August 2015. Mr. Belfrage
was reappointed for a third term with an expiry date of 1 October 2018.
PAGE 57
Report
In accordance with the Charter, the vacant position was advertised on 8 September
2018.
At councillor briefing on the 15 October 2018 councillors showed a keen interest to have
three councillor representatives on the committee going forward. In accordance with the
Charter this requires two additional independent committee members to be identified.
Nineteen applications were received for the position. Shortlisting of applications were
completed and four interviews were conducted by the Mayor, Cr Margaret O’Rourke,
Independent member, Mr. Warren Pollock and the Chief Executive Officer, Mr Craig
Niemann on 17 October 2018.
The interview panel recommend the appointment of Mr Shannon Buckley and Ms Jovana
Obradovic-Tantra.
Mr Buckley has extensive relevant experience. He is currently the Head of Internal Audit
at Deakin University and a member of the Audit Committee of Maryborough Health
District Services. He is a qualified Certified Internal Auditor, CPA Accountant and a
Certified Information Systems Auditor with multiple years of experience conducting both
internal and external financial audit. Mr Buckley also has a strong Risk Management
background in both Public and Private sectors, with extensive dealings with Audit and
Risk Committees.
Ms Obradovic-Tantra also has many years of relevant experience. Currently she is the
Principal Compliance Consultant of Comply now Consulting where she assists clients to
achieve compliance to various state and federal laws, as well as national and
international standards. Ms Obradvoic-Tantra is a trained Quality Management Systems
Auditor and in her last corporate role was part of the Executive Leadership Team at a
cement distribution company in Port Melbourne. She is currently working with a local
Council to achieve compliance to Chain of Responsibility laws.
Conclusion
In accordance with the current Audit and Risk Charter, that members shall be the
majority of the number of voting members it is concluded that two independent members
shall be appointed to the Committee.
PAGE 58
7.5 RECORD OF ASSEMBLIES

Director
Purpose
The purpose of this report is to provide the record of any assembly of Councillors, which
has been held since the last Council Meeting, so that it can be recorded in the Minutes of
the formal Council Meeting.
RECOMMENDATION
That Council endorse the record of assemblies of Councillors as outlined in this report.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context

Goal 1 Effective community engagement will guide well informed,
responsive decision-making and financially responsible resource
allocations, which are transparent and accountable.
A meeting will be an assembly of Councillors if it considers matters that are likely to be

the subject of a Council decision, or, the exercise of a Council delegation and the
meeting is:
1. A planned or scheduled meeting that includes at least half the Councillors (5) and a
member of Council staff; or
2. an advisory committee of the Council where one or more Councillors are present.
The requirement for reporting provides increased transparency and the opportunity for
Councillors to check the record, particularly the declarations of conflict of interest.
PAGE 59
Report
Meeting Information
Meeting Councillors' Briefing
Name/Type
Meeting Date 24 September 2018
Matters discussed 1. Hargreaves Mall

2. Planning Scheme Review
Attendees/Apologies
Councillors Cr Margaret O'Rourke
Cr Matt Emond
Cr Rod Fyffe
Cr Andrea Metcalf
Cr James Williams
Cr Yvonne Wrigglesworth
Apologies:
Cr Jennifer Alden
Cr George Flack
Staff/ Mr Bernie O'Sullivan
Community Ms Vicky Mason
Representatives Ms Debbie Wood
Mr David Lloyd
Mr Nathan Morsillo
Mrs Jessica Clarke-Hong
Apologies:
Mr Craig Niemann
Mr Andrew Cooney
Conflict of Interest disclosures

Matter Councillor/officer making disclosure Councillor/officer left
No. meeting
Nil
Meeting Information
Name/Type
Meeting Date 1 October 2018
Matters discussed 1. Community Grants - Large

2. Bendigo Education Plan
3. Forward Agenda
4. Marong Township Structure Plan
5. GovHub
Attendees/Apologies
Cr Jennifer Alden
Cr Matt Emond
PAGE 60
Cr Rod Fyffe
Cr Andrea Metcalf
Cr James Williams
Apology:
Cr George Flack
Staff/ Mr Bernie O'Sullivan
Community Ms Vicky Mason
Representatives Ms Debbie Wood
Mr David Lloyd
Mr Andrew Cooney
Apology:
Mr Craig Niemann

No. meeting
Nil
Meeting Information
Meeting Sustainability and Environment Advisory Committee
Name/Type
Matters discussed 1. Data Fest
2. Greater Bendigo Planning Scheme Review
3. Waste Presentation
4. CVGA Project update
5. VEAC Central West Investigation Report
6. Reimagining Bendigo Creek Plan
7. 2019/2020 Budget Process
8. BSG Strategic Plan
Attendees/Apologies
Councillors Cr Jennifer Alden
Cr Andrea Metcalf
Cr Margaret O'Rourke
Staff/ Mr Anthony Sheean
Community Mrs Wonona Fuzzard/
Representatives Mr James Shaddick
Mr Chris Weir
Ms Kelly Button
Ms Jess Milroy
Ms Pamela Beattie
Apologies:
Mr Bernie O'Sullivan
Mr Trevor Budge
Mr Glenn Pomeroy/
Ms Terri Williams
Mr Colin Smith
PAGE 61
Ms Meg Caffin
Mr Geoff Caine

No. meeting
Nil
Meeting Information
Name/Type
Matters discussed 1. Planning matters and draft Ordinary Agenda review
2. Audit Committee Chairperson's Annual Report and
Audit Committee Charters
3. Report from Cr Alden's overseas trip
4. Forward Agenda
5. Review of MAV State Council motions
Attendees/Apologies
Cr Jennifer Alden
Cr Rod Fyffe
Cr Andrea Metcalf
Cr James Williams
Apologies:
Cr Matt Emond
Cr George Flack
Staff/ Mr Craig Niemann
Community Mr Bernie O'Sullivan
Representatives Ms Caroline Grylls
Mr Andrew Cooney
Apologies:
Ms Vicky Mason
Ms Debbie Wood

No. meeting
Nil
PAGE 62
Meeting Information
Name/Type
Matters discussed 1. Developer Contributions Plan Workshop
2. GovHub
3. Forward Agenda
Attendees/Apologies
Cr Jennifer Alden
Cr Matt Emond
Cr George Flack
Cr Rod Fyffe
Cr James Williams
Apology:
Cr Andrea Metcalf
Staff/ Mr Craig Niemann
Community Mr Bernie O'Sullivan
Representatives Ms Vicky Mason
Ms Debbie Wood
Mr Andrew Cooney

No. meeting
Nil
PAGE 63
Meeting Information
Meeting Heritage Advisory Committee
Name/Type
Matters discussed 1. Bendigo Mining Exchange and Open House Bendigo
2. Marong Township Structure Plan
3. Reimagining Bendigo Creek
4. Greater Bendigo Planning Scheme Review
5. Greater Bendigo and Ballarat Heritage Advisory
Committees visit
6. Regional Sustainable Development update
7. Planning update
8. Heritage Advisor position
Attendees/Apologies
Councillors Cr Matt Emond
Staff/ Mr Brendan Aikman
Community Ms Emma Bryant
Representatives Mr Trevor Budge
Ms Morgan James
Dr Dannielle Orr/
Bishop Andrew Curnow
Mr Craig Lightfoot
Mr John Marshallsay
Ms Jenny Trewartha
Mr Darren Wright/
Apologies:
Ms Trudy Rickard
Mrs Wonona Fuzzard/
Mr Peter Abbott
Mr Laurie Brown
Mr Matthew Dwyer
Ms Angela Gladman
Ms Jess Milroy
Dr Di Smith
Mr Calum Walker

No. meeting
Nil
PAGE 64
Meeting Information
Meeting Consultation meeting
Name/Type
Meeting Date 18 September 2018
Matters discussed Planning application DS/331/2018

24 Poulston Street, LONG GULLY 3550
5 lot subdivision
Attendees/Apologies
Councillors Cr Andrea Metcalf
Staff/ Liz Commadeur
Community Applicant
Representatives Objectors

No. meeting
Nil
Meeting Information
Name/Type
Matters discussed Planning application DS/423/2018

5 Kilby Court, KANGAROO FLAT 3555
2 lot subdivision
Attendees/Apologies
Councillors Cr Rod Fyffe
Cr Jennifer Alden
Cr Matt Emond
Staff/ Liz Commadeur
Community Applicant

No. meeting
Nil
PAGE 65
Meeting Information
Name/Type
Matters discussed Planning application DSD/427/2018

93 View Street, BENDIGO 3550
Partial demolition, extension and alteration to existing building
(for a two storey dwelling), two lot subdivision and
reduction in car parking requirements
Attendees/Apologies
Councillors Cr James Williams
Staff/ Beth Lavery
Community Applicant

No. meeting
Nil
PAGE 66
7.6 CONTRACTS AWARDED UNDER DELEGATION
Author Lee Taig, Contract Support Administrator, Governance Unit

Director
Purpose/Summary
The purpose of this report is to provide information on an administrative update on

contracts recently awarded under delegation.
RECOMMENDATION
That the contracts awarded under delegation, as outlined in this report, be acknowledged
by Council.
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
Delivery of programs, projects and services that respond to community needs.

City of Greater Bendigo Community Plan 2017-2021
Goal 1 : Lead and govern for all
Objective: 1.2 Be innovative and financially responsible
Report
Value Delegated
Contract No Project Successful Contractor Date Signed
(GST Excl) Officer
Service Contracts
Loading & Carting of

Schedule of 3 September
Waste from Eaglehawk C & K Carter Haulage Craig Niemann
Rates 2018
Landfill
Current annual Council Budget for the goods/services contracted via this schedule of rates is
CT000410
$1,450,000.00
This contract was reported at the October Council meeting with an administrative value error of
$2,400,000.00, as per Delegated Authority the correct value of schedule of rates is $1,450,000.00.
PAGE 67
8. URGENT BUSINESS
Nil.
9. NOTICES OF MOTION
Nil.
10. COUNCILLORS' REPORTS
11. MAYOR'S REPORT
12. CHIEF EXECUTIVE OFFICER'S REPORT
13. CONFIDENTIAL (SECTION 89) REPORTS
13.1 Confidential Report in accordance with Section 89(2)(d) of the Local

Government Act relating to a contractual matter



RECOMMENDATION
That Council close the meeting to members of the public pursuant to Section 89(2)(d) of
the Local Government Act 1989 to consider reports relating to contractual matters.
PAGE 68

Council Agenda 21 November 2018

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Council Agenda 21 November 2018

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AGENDA

Ordinary Meeting of Council

6.00pm Wednesday 21 November 2018

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

Copies of the City of Greater Bendigo Council’s Agendas & Minutes

Greater Bendigo - creating the world's most liveable community.

 Presentation and Managing Growth

WEDNESDAY 21 NOVEMBER 2018

ITEM PRECIS PAGE

SUSPENSION OF STANDING ORDERS 5

PUBLIC QUESTION TIME 5

RESUMPTION OF STANDING ORDERS 6

DECLARATIONS OF CONFLICT OF INTEREST 7

1. PETITIONS AND JOINT LETTERS 9

1.1 RESPONSE TO PETITION - REQUEST FOR DOG PARK IN 9

2. PRESENTATION AND MANAGING GROWTH 18

2.1 (CA 27A, CA 27E & CA 28C) CA27A LYELL ROAD, 18

3. WELLBEING AND FAIRNESS 32

3.1 COMMUNITY GRANTS PROGRAM - ASSESSMENT PANEL 32

4. STRENGTHENING THE ECONOMY 36

4.1 GREATER CREATIVE BENDIGO 36

7. LEAD AND GOVERN FOR ALL 44

7.1 COUNCIL MEETING DATES 2018/2019 MAYORAL TERM 44

7.2 FINANCE REPORT QUARTER ONE 46

7.3 UPDATED INSTRUMENT OF DELEGATION TO CHIEF 51

7.4 APPOINTMENT OF INDEPENDENT MEMBERS OF THE 57

7.5 RECORD OF ASSEMBLIES 59

7.6 CONTRACTS AWARDED UNDER DELEGATION 67

10. COUNCILLORS' REPORTS 68

11. MAYOR'S REPORT 68

12. CHIEF EXECUTIVE OFFICER'S REPORT 68

13. CONFIDENTIAL (SECTION 89) REPORTS 68

13.1 Confidential Report in accordance with Section 89(2)(d) of 68

13.2 Confidential Report in accordance with Section 89(2)(d) of 68

13.3 Confidential Report in accordance with Section 89(2)(d) of 68

13.4 Confidential Report in accordance with Section 89(2)(d) of 68

SUSPENSION OF STANDING ORDERS

That Standing Orders be suspended to allow the conduct of [Community

PUBLIC QUESTION TIME

Public Question Time – Purpose

Public Question Time – Where, When And Who

Residents are encouraged to lodge questions in advance so that a more complete

RESUMPTION OF STANDING ORDERS

That Standing Orders be resumed.

DECLARATIONS OF CONFLICT OF INTEREST

(a) direct financial interest

Councillors are also encouraged to declare circumstances where there may be a

Minutes of the Ordinary Meeting of Wednesday 17 October 2018.

 City of Greater Bendigo Annual Report 2017/2018

1. PETITIONS AND JOINT LETTERS

1.1 RESPONSE TO PETITION - REQUEST FOR DOG PARK IN

Author Caroline Grylls, Manager Safe and Healthy Environments

Responsible Vicky Mason, Director Health and Wellbeing

This report responds to the petition received by Council on 31 August 2018

That the Greater Bendigo City Council resolve to:

Community Plan Reference:

Greater Bendigo Health and Wellbeing Plan

Domestic Animal Act, 1994

City of Greater Bendigo Domestic Animal Management Plan 2016 – 2021.

Council received a petition on 31 August, 2018 and requested a response be prepared

The petition had 271 signatures and outlined:

"We the undersigned residents and ratepayers of Greater Bendigo City

* Broadcast live on Phoenix FM 106.7 *