GREATER BENDIGO PLANNING SCHEME PAGE 317

32.01 RESIDENTIAL 1 ZONE

18/06/2010 VC62 Shown on the planning scheme map as R1Z.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide for residential development at a range of densities with a variety of dwellings to meet the housing needs of all households. To encourage residential development that respects the neighbourhood character. In appropriate locations, to allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs.

32.01-1 Table of uses

18/06/2010 VC62 Section 1 - Permit not required USE CONDITION Animal keeping (other than Animal Must be no more than 2 animals. boarding) Apiculture Must meet the requirements of the Apiary Code of Practice, May 1997. Bed and breakfast No more than 6 persons may be accommodated away from their normal place of residence. At least 1 car parking spaces must be provided for each 2 persons able to be accommodated away from their normal place of residence. Carnival Must meet the requirements of A ‘Good Neighbour’ Code of Practice for a Circus or Carnival, October 1997. Circus Must meet the requirements of A ‘Good Neighbour’ Code of Practice for a Circus or Carnival, October 1997. Dependent person's unit Must be the only dependent person's unit on the lot. Dwelling (other than Bed and breakfast) Greenhouse gas sequestration Must meet the requirements of Clause 52.08-6. Greenhouse gas sequestration exploration Home occupation Informal outdoor recreation Mineral exploration Mining Must meet the requirements of Clause 52.08-2. Minor utility installation Natural systems GREATER BENDIGO PLANNING SCHEME PAGE 318

USE CONDITION Place of worship Must be no social or recreation activities. The gross floor area of all buildings must not exceed 180 square metres. The site must not exceed 1200 square metres. The site must adjoin, or have access to, a road in a Road Zone. Railway Residential aged care facility Road Search for stone Must not be costeaning or bulk sampling. Telecommunications facility Buildings and works must meet the requirements of Clause 52-19. Tramway

Section 2 - Permit required USE CONDITION Accommodation (other than Dependent person's unit, Dwelling and Residential aged care facility) Agriculture (other than Animal keeping, Animal training, Apiculture, Horse stables, and Intensive animal husbandry) Animal keeping (other than Animal Must be no more than 5 animals. boarding) – if the Section 1 condition is not met Car park Must be used in conjunction with another use in Section 1 or 2. Car wash The site must adjoin, or have access to, a road in a Road Zone. Community market Convenience restaurant The site must adjoin, or have access to, a road in a Road Zone. Convenience shop The leasable floor area must not exceed 80 square metres. Food and drink premises (other than Convenience restaurant and Take away food premises) Leisure and recreation (other than Informal outdoor recreation and Motor racing track) Medical centre Mineral, stone, or soil extraction (other than Extractive industry, Mineral exploration, Mining, and GREATER BENDIGO PLANNING SCHEME PAGE 319

USE CONDITION Search for stone) Place of assembly (other than Amusement parlour, Carnival, Circus, Nightclub, and Place of worship) Plant nursery Service station The site must either:

• Adjoin a business zone or industrial zone.

• Adjoin, or have access to, a road in a Road Zone. The site must not exceed either:

• 3000 square metres.

• 3600 square metres if it adjoins on two boundaries a road in a Road Zone. Store Must be in a building, not a dwelling, and used to store equipment, goods, or motor vehicles used in conjunction with the occupation of a resident of a dwelling on the lot. Take away food premises The site must adjoin, or have access to, a road in a Road Zone. Utility installation (other than Minor utility installation and Telecommunications facility) Any other use not in Section 1 or 3

Section 3 - Prohibited USE Amusement parlour Animal boarding Animal training Brothel Cinema based entertainment facility Extractive industry Horse stables Industry (other than Car wash) Intensive animal husbandry Motor racing track Nightclub Office (other than Medical centre) Retail premises (other than Community market, Convenience shop, Food and drink premises, and Plant nursery) Saleyard GREATER BENDIGO PLANNING SCHEME PAGE 320

USE Transport terminal Warehouse (other than Store)

32.01-2 Subdivision 09/10/2006 VC42 Permit requirement

A permit is required to subdivide land. An application to subdivide land, other than an application to subdivide land into lots each containing an existing dwelling or car parking space, must meet the requirements of Clause 56 and: * Must meet all of the objectives included in the clauses specified in the following table. * Should meet all of the standards included in the clauses specified in the following table.

Class of subdivision Objectives and standards to be met 60 or more lots All except Clause 56.03-5. 16 - 59 lots All except Clauses 56.03-1 to 56.03-3, 56.03-5, 56.06-1 and 56.06-3. 3 - 15 lots All except Clauses 56.02-1, 56.03-1 to 56.03-4, 56.05-2, 56.06-1, 56.06-3 and 56.06-6. 2 lots Clauses 56.03-5, 56.04-2, 56.04-3, 56.04-5, 56.06-8 to 56.09-2.

Exemption from notice and review

An application to subdivide land into lots each containing an existing dwelling or car parking space is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. ƒ The objectives and standards of Clause 56.

32.01-3 Construction and extension of one dwelling on a lot

15/09/2008 Permit requirement VC49

A permit is required to construct or extend one dwelling on: * A lot of less than 300 square metres. * A lot of between 300 square metres and 500 square metres if specified in the schedule to this zone. A permit is required to construct or extend a front fence within 3 metres of a street if: GREATER BENDIGO PLANNING SCHEME PAGE 321

* The fence is associated with one dwelling on: * A lot of less than 300 square metres, or * A lot of between 300 and 500 square metres if specified in a schedule to this zone, and * The fence exceeds the maximum height specified in Clause 54.06-2. A development must meet the requirements of Clause 54.

No permit required

No permit is required to: * Construct or carry out works normal to a dwelling. * Construct or extend an out-building (other than a garage or carport) on a lot provided the gross floor area of the out-building does not exceed 10 square metres and the maximum building height is not more than 3 metres above ground level.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: * The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. * The objectives, standards and decision guidelines of Clause 54.

32.01-4 Construction and extension of two or more dwellings on a lot, dwellings on common property and residential buildings 15/09/2008 VC49 Permit requirement

A permit is required to: * Construct a dwelling if there is at least one dwelling existing on the lot. * Construct two or more dwellings on a lot. * Extend a dwelling if there are two or more dwellings on the lot. * Construct or extend a dwelling if it is on common property. * Construct or extend a residential building. A permit is required to construct or extend a front fence within 3 metres of a street if: * The fence is associated with 2 or more dwellings on a lot or a residential building, and * The fence exceeds the maximum height specified in Clause 55.06-2.. A development must meet the requirements of Clause 55. This does not apply to a development of four or more storeys, excluding a basement. A permit is not required to construct one dependent person’s unit on a lot.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: * The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. * The objectives, standards and decision guidelines of Clause 55. GREATER BENDIGO PLANNING SCHEME PAGE 322

32.01-5 Requirements of Clause 54 and Clause 55

The schedule to this zone may specify the requirements of: • Standards A3, A4, A5, A10, A17 and A20 of Clause 54 of this scheme. • Standards B6, B7, B8, B17, B28 and B32 of Clause 55 of this scheme. If a requirement is not specified in the schedule to this zone, the requirement set out in the relevant standard of Clause 54 or Clause 55 applies.

32.01-6 Buildings and works associated with a Section 2 use

A permit is required to construct a building or construct or carry out works for a use in Section 2 of Clause 32.01-1.

32.01-7 Advertising signs

Advertising sign requirements are at Clause 52.05. This zone is in Category 3.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions. GREATER BENDIGO PLANNING SCHEME PAGE 323

SCHEDULE TO THE RESIDENTIAL 1 ZONE

Is a permit required to construct or extend one dwelling on a lot of between 300 square metres and 500 square metres?

No

Clause 54 and Requirement Clause 55 Standard

Minimum Standard A3 and None specified street setback Standard B6

Building height Standard A4 and None specified Standard B7

Site coverage Standard A5 and None specified Standard B8

Side and rear Standard A10 and None specified setbacks Standard B17

Private open Standard A17 None specified space Standard B28 None specified

Front fence Standard A20 and None specified height Standard B32

GREATER BENDIGO PLANNING SCHEME PAGE 447

36.01 PUBLIC USE ZONE

18/06/2010 VC62 Shown on the planning scheme map as PUZ with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To recognise public land use for public utility and community services and facilities. To provide for associated uses that are consistent with the intent of the public land reservation or purpose.

36.01-1 Table of uses

18/06/2010 VC62 Section 1 - Permit not required

USE CONDITION Apiculture Must meet the requirements of the Apiary Code of Practice, May 1997 Carnival Must meet the requirements of ‘A ‘Good Neighbour’ Code of Practice for a Circus or Carnival, October 1997. Circus Must meet the requirements of ‘A ‘Good Neighbour’ Code of Practice for a Circus or Carnival, October 1997. Greenhouse gas sequestration Must meet the requirements of Clause 52.08-6. Greenhouse gas sequestration exploration Mineral exploration Mining Must meet the requirements of Clause 52.08-2. Natural systems Railway Railway station The total leasable floor area for the selling of food, drink and other convenience goods and services must not exceed 50 square metres Road Search for stone Must not be costeaning or bulk sampling. Telecommunications facility Buildings and works must meet the requirements of Clause 52.19. Tramway Any other use The use must be for the purpose described in the table to Clause 36.01-6 which corresponds to the notation on the planning scheme map. The use must be carried out by or on behalf of the public land manager. GREATER BENDIGO PLANNING SCHEME PAGE 448

Section 2 - Permit required

USE CONDITION

Section 3 - Prohibited

USE Nil

36.01-2 Permit requirement

A permit is required to: * Construct a building or construct or carry out works for any use in Section 2 of Clause 36.01-1. This does not apply to navigational beacons and aids. * Subdivide land.

36.01-3 Application requirements

An application for a permit by a person other than the relevant public land manager must be accompanied by the written consent of the public land manager, indicating that the public land manager consents generally or conditionally either: * To the application for permit being made. * To the application for permit being made and to the proposed use or development.

36.01-4 Decision guidelines

Before deciding on an application to use or subdivide land, construct a building or construct or carry out works, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: * The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. * The comments of any Minister or public land manager having responsibility for the care or management of the land or adjacent land. * Whether the development is appropriately located and designed, including in accordance with any relevant use, design or siting guidelines.

36.01-5 Permit not required

A permit is not required to use land, or to construct a building or construct or carry out works on land, listed in a schedule to this zone, provided any condition in the schedule is complied with.

36.01-6 Table of public land use

Shown on the Planning Scheme Map Purpose of public land use PUZ1 Service and Utility PUZ2 Education PUZ3 Health & Community PUZ4 Transport GREATER BENDIGO PLANNING SCHEME PAGE 449

Shown on the Planning Scheme Map Purpose of public land use PUZ5 Cemetery/Crematorium PUZ6 Local Government PUZ7 Other public use

36.01-7 Advertising signs

15/12/2008 VC50 Advertising sign requirements are at Clause 52.05. This zone, except for the PUZ4 (Transport), is in Category 4 unless a different requirement is specified in the schedule to this zone. For land within the PUZ4 (Transport), the category of advertising control which applies is the category which applies to the adjoining zone nearest to the land. If land is equidistant from two or more adjoining zones, the least restrictive category applies. Where the Road Zone is the nearest adjoining zone, a permit is required to display a sign.

Note: Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of land.

Check whether an overlay also applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

GREATER BENDIGO PLANNING SCHEME PAGE 450

SCHEDULE TO THE PUBLIC USE ZONE

Public land Use or development Conditions

None specified

Land Advertising Sign Category

None specified

GREATER BENDIGO PLANNING SCHEME PAGE 375

34.01 BUSINESS 1 ZONE

18/06/2010 VC62 Shown on the planning scheme map as B1Z.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To encourage the intensive development of business centres for retailing and other complementary commercial, entertainment and community uses.

34.01-1 Table of uses

18/06/2010 VC62 Section 1 - Permit not required USE CONDITION Apiculture Must meet the requirements of the Apiary Code of Practice, May 1997.

Betting agency Caretaker’s house

Carnival Must meet the requirements of A ‘Good Neighbour’ Code of Practice for a Circus or Carnival, October 1997.

Child care centre Any frontage at ground floor level must not exceed 2 metres and access must not be shared with a dwelling (other than a caretaker's house).

Cinema Cinema based entertainment facility

Circus Must meet the requirements of A ‘Good Neighbour’ Code of Practice for a Circus or Carnival, October 1997. Dwelling (other than Bed and Any frontage at ground floor level must not breakfast and Caretaker’s house) exceed 2 metres. Education centre Any frontage at ground floor level must not exceed 10 metres and access must not be shared with a dwelling (other than a caretaker’s house). Must not be a primary or secondary school. Electoral office May be used for only 4 months before an election and 2 weeks after an election. Food and drink premises (other than Hotel, Restaurant and Tavern) Greenhouse gas sequestration Must meet the requirements of Clause 52.08-6. Greenhouse gas sequestration exploration Home occupation Informal outdoor recreation GREATER BENDIGO PLANNING SCHEME PAGE 376

USE CONDITION Mineral exploration Mining Must meet the requirements of Clause 52.08-2. Minor utility installation Natural systems Office (other than Electoral The combined leasable floor area for all offices office) must not exceed any amount specified in the schedule to this zone. Any frontage at ground floor level must not exceed 2 metres and access must not be shared with a dwelling (other than a caretaker’s house), unless the office is a bank, real estate agency, travel agency, or any other office where the floor space adjoining the frontage is a customer service area accessible to the public. Postal agency Railway Restaurant Must not be on land specified in the schedule to this zone. Road Search for stone Must not be costeaning or bulk sampling. Shop (other than Adult sex The combined leasable floor area for all shops bookshop) must not exceed any amount specified in the schedule to this zone. Telecommunications facility Buildings and works must meet the requirements of Clause 52.19. Trade supplies The combined leasable floor area for all trade supplies must not exceed any amount specified in the schedule to this zone. Tramway

Section 2 - Permit required

USE CONDITION Accommodation (other than Corrective institution and Dwelling) Adult sex bookshop Must be at least 200 metres (measured by the shortest route reasonably accessible on foot) from a residential zone or Business 5 Zone, land used for a hospital, primary school or secondary school or land in a Public Acquisition Overlay to be acquired for a hospital, primary school or secondary school. Agriculture (other than Apiculture, Intensive animal husbandry) Bed and breakfast GREATER BENDIGO PLANNING SCHEME PAGE 377

USE CONDITION Hotel Industry Must not be a purpose listed in the table to Clause 52.10. Leisure and recreation facility (other than Informal outdoor recreation, Major sports and recreation facility, and Motor racing track) Mineral, stone, or soil extraction (other than Extractive industry, Mineral exploration, Mining, and Search for stone) Place of assembly (other than Carnival, Cinema, and Circus) Retail premises (other than Betting agency, Food and drink premises, Postal agency, Shop, and Trade supplies) Tavern Utility installation (other than Minor utility installation and Telecommunications facility) Warehouse Must not be a purpose listed in the table to Clause 52.10. Any other use not in Section 1 or 3

Section 3 - Prohibited

USE Corrective institution Extractive industry Intensive animal husbandry Major sports and recreation facility Motor racing track

34.01-2 Use of land 21/09/2009 VC60 Amenity of the neighbourhood

A use must not detrimentally affect the amenity of the neighbourhood, including through the:

ƒ Transport of materials, goods or commodities to or from the land. ƒ Appearance of any building, works or materials. ƒ Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil. GREATER BENDIGO PLANNING SCHEME PAGE 378

Application requirements

An application to use land must be accompanied by the following information, as appropriate:

ƒ The purpose of the use and the types of activities which will be carried out. ƒ The likely effects, if any, on adjoining land, including noise levels, traffic, the hours of delivery and despatch of goods and materials, hours of operation and light spill, solar access and glare. ƒ The means of maintaining land not required for immediate use. ƒ If an industry or warehouse: ƒ The type and quantity of goods to be stored, processed or produced. ƒ Whether a Works Approval or Waste Discharge Licence is required from the Environment Protection Authority. ƒ Whether a notification under the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act 1985 is required, or a fire protection quantity under the Dangerous Goods (Storage and Handling) Regulations 2000 is exceeded. ƒ The likely effects on adjoining land, including air-borne emissions and emissions to land and water.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. ƒ The effect that existing uses may have on the proposed use. ƒ The drainage of the land. ƒ The availability of and connection to services. ƒ The effect of traffic to be generated on roads. ƒ The interim use of those parts of the land not required for the proposed use.

34.01-3 Subdivision

Permit requirement

A permit is required to subdivide land.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. This exemption does not apply to land within 30 metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. ƒ Provision for vehicles providing for supplies, waste removal and emergency services and public transport. ƒ The interface with adjoining zones, especially the relationship with residential areas. GREATER BENDIGO PLANNING SCHEME PAGE 379

ƒ The effect the subdivision will have on the potential of the area to accommodate the uses which will maintain or enhance its competitive strengths.

34.01-4 Buildings and works

30/08/2006 VC40 Permit requirement

A permit is required to construct a building or construct or carry out works. This includes the internal rearrangement of a building if the maximum leasable floor area specified in the schedule to this zone is exceeded. This does not apply to: * The installation of an automatic teller machine. * An alteration to an existing building façade provided: * The alteration does not include the installation of an external roller shutter. * At least 80 per cent of the building facade at ground floor level is maintained as an entry or window with clear glazing. * An awning that projects over a road if it is authorised by the relevant public land manager.

Application requirements

An application to construct a building or construct or carry out works must be accompanied by the following information, as appropriate:

ƒ A plan drawn to scale which shows: ƒ The boundaries and dimensions of the site. ƒ Adjoining roads. ƒ The location, height and purpose of buildings and works on adjoining land. ƒ Relevant ground levels. ƒ The layout of existing and proposed buildings and works. ƒ All driveway, car parking and loading areas. ƒ Proposed landscape areas. ƒ All external storage and waste treatment areas. ƒ Areas not required for immediate use. ƒ Elevation drawings to scale showing the colour and materials of all buildings and works. ƒ Construction details of all drainage works, driveways, vehicle parking and loading areas. ƒ A landscape layout which includes the description of vegetation to be planted, the surfaces to be constructed, site works specification and method of preparing, draining, watering and maintaining the landscape area.

Exemption from notice and review

An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. This exemption does not apply to an application for a building or works within 30 metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: GREATER BENDIGO PLANNING SCHEME PAGE 380

ƒ The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. ƒ The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal, emergency services and public transport. ƒ The provision of car parking. ƒ The interface with adjoining zones, especially the relationship with residential areas. ƒ The streetscape, including the conservation of buildings, the design of verandahs, access from the street front, protecting active frontages to pedestrian areas, the treatment of the fronts and backs of buildings and their appurtenances, illumination of buildings or their immediate spaces and the landscaping of land adjoining a road. ƒ The storage of rubbish and materials for recycling. ƒ Defining the responsibility for the maintenance of buildings, landscaping and paved areas. ƒ The availability of and connection to services. ƒ The design of buildings to provide for solar access. ƒ The objectives, standards and decision guidelines of Clause 54 and Clause 55. This does not apply to a development of four or more storeys, excluding a basement.

Maintenance

All buildings and works must be maintained in good order and appearance to the satisfaction of the responsible authority.

34.01-5 Neighbourhood and site description and design response An application for any of the following must be accompanied by a neighbourhood and site description and a design response as described in Clause 54.01: • Construction or extension of one dwelling on a lot of less than 300 square metres. • Construction of a dwelling if there is at least one dwelling existing on the lot. • Construction of two or more dwellings on a lot. • Extension of a dwelling if there are two or more dwellings on the lot. • Construction or extension of a dwelling on common property. • Construction or extension of a residential building.

Satisfactory neighbourhood and site description before notice and decision

The responsible authority must inform the applicant in writing: • Before notice of an application is given, or • If notice of an application is not required to be given, before deciding the application, that the neighbourhood and site description meets the requirements of Clause 54.01 and is satisfactory or does not meet the requirements of Clause 54.01 and is not satisfactory. If the responsible authority decides that the neighbourhood and site description is not satisfactory, it may require more information from the applicant under Section 54 of the Act. The responsible authority must not require notice of an application to be given or decide an application until it is satisfied that the neighbourhood and site description meets the requirements of Clause 54.01 and it satisfactory. This does not apply if the responsible authority refuses an application under Section 52(1)(A) of the Act. GREATER BENDIGO PLANNING SCHEME PAGE 381

34.01-6 Advertising signs

Advertising sign requirements are at Clause 52.05. This zone is in Category 1.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of land. Check whether an overlay also applies to the land. Other requirements may also apply. These can be found at Particular Provisions. GREATER BENDIGO PLANNING SCHEME PAGE 382

SCHEDULE TO THE BUSINESS 1 ZONE 31/05/2007 C85 Land Maximum Maximum Maximum combined combined combined leasable floor leasable floor leasable floor area (m2) for area (m2) for area (m2) for office (other shop (other trade than electoral than adult supplies. office). sex book shop).

Epsom Village Centre, known as 2,000 16-40 Howard Street and 176-196 Midland Highway, Epsom

Bendigo Marketplace Shopping 26,000 Centre, known as 116-120 Mitchell Street and Railway Place, Bendigo

Land on which a permit is required for restaurant

None specified

GREATER BENDIGO PLANNING SCHEME PAGE 837

52.29 LAND ADJACENT TO A ROAD ZONE, CATEGORY 1, OR A PUBLIC ACQUISITION OVERLAY FOR A CATEGORY 1 ROAD 09/10/2006 VC42 Purpose

To ensure appropriate access to identified roads. To ensure appropriate subdivision of land adjacent to identified roads.

Scope

This clause applies to land adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay if the purpose of acquisition is for a Category 1 road.

Permit requirement

A permit is required to:

ƒ Create or alter access to:

ƒ A road in a Road Zone, Category 1.

ƒ Land in a Public Acquisition Overlay if the purpose of acquisition is for a Category 1 road. ƒ Subdivide land adjacent to:

ƒ A road in a Road Zone, Category 1.

ƒ Land in a Public Acquisition Overlay if the purpose of acquisition is for a Category 1 road.

Referral of applications

An application to create or alter access to, or to subdivide land adjacent to, a road declared as a freeway or arterial road under the Road Management Act 2004, land owned by the Roads Corporation for the purpose of a road, or land in a Public Acquisition Overlay if the Roads Corporation is the authority responsible for acquiring the land, must be referred to the Roads Corporation under Section 55 of the Act. This does not apply to:

ƒ Boundary realignments. ƒ Subdivisions of existing buildings already connected to services and requiring no new access. ƒ Two lot subdivisions requiring no new access. ƒ Proposals which, in the opinion of the responsible authority, satisfy requirements or conditions previously agreed in writing between the responsible authority and the Roads Corporation. Any other application must be referred to the owner of, or the authority responsible for acquiring, the adjacent land in the Road Zone, Category 1, or the Public Acquisition Overlay.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider:

ƒ The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. ƒ The views of the relevant road authority. GREATER BENDIGO PLANNING SCHEME PAGE 838

ƒ The effect of the proposal on the operation of the road and on public safety. ƒ Any policy made by the relevant road authority pursuant to Schedule 2, Clause 3 of the Road Management Act 2004 regarding access between a controlled access road and adjacent land.

GREATER BENDIGO PLANNING SCHEME PAGE 537

43.01 HERITAGE OVERLAY 21/09/2009 VC60 Shown on the planning scheme map as HO with a number (if shown).

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To conserve and enhance heritage places of natural or cultural significance. To conserve and enhance those elements which contribute to the significance of heritage places. To ensure that development does not adversely affect the significance of heritage places. To conserve specifically identified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.

Scope

The requirements of this overlay apply to heritage places specified in the schedule to this overlay. A heritage place includes both the listed heritage item and its associated land. Heritage places may also be shown on the planning scheme map.

43.01-1 Permit requirement

21/09/2009 VC60 A permit is required to:

ƒ Subdivide land. ƒ Demolish or remove a building. ƒ Construct a building or construct or carry out works, including: ƒ Domestic services normal to a dwelling if the services are visible from a street (other than a lane) or public park. ƒ A solar energy facility attached to a building that primarily services the land on which it is situated if the services are visible from a street (other than a lane) or public park. ƒ A rainwater tank if the rainwater tank is visible from a street (other than a lane) or public park. ƒ A fence. ƒ Road works and street furniture other than: ƒ traffic signals, traffic signs, fire hydrants, parking meters, post boxes and seating ƒ speed humps, pedestrian refuges and splitter islands where the existing footpaths or kerb and channel are not altered ƒ A domestic swimming pool or spa and associated mechanical and safety equipment. ƒ A pergola or verandah, including an open-sided pergola or verandah to a dwelling with a finished floor level not more than 800mm above ground level and a maximum building height of 3 metres above ground level. ƒ A deck, including a deck to a dwelling with a finished floor level not more than 800mm above ground level. ƒ Non-domestic disabled access. ƒ Bicycle pathways and trails. ƒ Externally alter a building by structural work, rendering, sandblasting or in any other way. GREATER BENDIGO PLANNING SCHEME PAGE 538

ƒ Construct or display a sign. ƒ Externally paint a building if the schedule to this overlay identifies the heritage place as one where external paint controls apply. ƒ Externally paint an unpainted surface. ƒ Externally paint a building if the painting constitutes an advertisement. ƒ Internally alter a building if the schedule to this overlay identifies the heritage place as one where internal alteration controls apply. ƒ Carry out works, repairs and routine maintenance which change the appearance of a heritage place or which are not undertaken to the same details, specifications and materials. ƒ Remove, destroy or lop a tree if the schedule to this overlay identifies the heritage place as one where tree controls apply. This does not apply: ƒ To any action which is necessary to keep the whole or any part of a tree clear of an electric line provided the action is carried out in accordance with a code of practice prepared under Section 86 of the Electricity Safety Act 1998. ƒ If the tree presents an immediate risk of personal injury or damage to property

43.01-2 No permit required

15/09/2008 No permit is required under this overlay: VC49 * For anything done in accordance with an incorporated plan specified in a schedule to this overlay. * To internally alter a church for liturgical purposes if the responsible authority is satisfied that the alterations are required for liturgical purposes. * For interments, burials and erection of monuments, re-use of graves, burial of cremated remains and exhumation of remains in accordance with the Cemeteries and Crematoria Act 2003 * To develop a heritage place which is included on the Victorian Heritage Register.

43.01-3 Exemption from notice and review

15/09/2008 An application under this overlay for any of the following classes of development is VC49 exempt from the notice requirements of Section 52(1) (a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act: * Demolition or removal of an outbuilding (including a carport, garage, pergola, verandah, deck, shed or similar structure) unless the outbuilding is identified in the schedule to this overlay. * Demolition or removal of a fence unless the fence is identified in the schedule to this overlay. * External alteration of a building. * External painting. * Construction of a fence. * Construction of a carport, garage, pergola, verandah, deck, shed or similar structure. * Domestic services normal to a dwelling. * Carry out works, repairs and routine maintenance. * Internally alter a building * Non-domestic disabled access ramp. * Construction of a vehicle cross-over. * Construction of a domestic swimming pool or spa and associated mechanical equipment and safety fencing. * Construction of a tennis court. * Construction of a rainwater tank. * Construction or display of a sign. * Lopping of a tree. GREATER BENDIGO PLANNING SCHEME PAGE 539

* Construction of seating, picnic tables, drinking taps, barbeques, rubbish bins, security lighting, irrigation, drainage or underground infrastructure, bollards, telephone boxes.

43.01-4 Decision guidelines

15/09/2008 Before deciding on an application, in addition to the decision guidelines in Clause 65, the VC49 responsible authority must consider, as appropriate: * The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. * The significance of the heritage place and whether the proposal will adversely affect the natural or cultural significance of the place. * Any applicable statement of significance, heritage study and any applicable conservation policy. * Whether the location, bulk, form or appearance of the proposed building will adversely affect the significance of the heritage place. * Whether the location, bulk, form and appearance of the proposed building is in keeping with the character and appearance of adjacent buildings and the heritage place. * Whether the demolition, removal or external alteration will adversely affect the significance of the heritage place. * Whether the proposed works will adversely affect the significance, character or appearance of the heritage place. * Whether the proposed subdivision or consolidation will adversely affect the significance of the heritage place. * Whether the proposed subdivision may result in development which will adversely affect the significance, character or appearance of the heritage place. * Whether the proposed sign will adversely affect the significance, character or appearance of the heritage place. * Whether the lopping or development will adversely affect the health, appearance or significance of the tree.

43.01-5 Use of a heritage place

15/09/2008 A permit may be granted to use a heritage place (including a heritage place which is VC49 included on the Victorian Heritage Register) for a use which would otherwise be prohibited if all of the following apply: * The schedule to this overlay identifies the heritage place as one where prohibited uses may be permitted. * The use will not adversely affect the significance of the heritage place. * The benefits obtained from the use can be demonstrably applied towards the conservation of the heritage place.

Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider the effect of the use on the amenity of the area. GREATER BENDIGO PLANNING SCHEME PAGE 540

43.01-6 Aboriginal heritage places

17/09/2007 VC45 A heritage place identified in the schedule to this overlay as an Aboriginal heritage place is also subject to the requirements of the Aboriginal Heritage Act 2006.

Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of land

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

GREATER BENDIGO PLANNING SCHEME PAGE 611

PS Map Heritage Place External Internal Tree Outbuildings Included on Prohibited Name of Aboriginal Ref Paint Alteration Controls or fences the Victorian uses may be Incorporated heritage Controls Controls Apply? which are not Heritage permitted? Plan under place? Apply? Apply? exempt under Register Clause Clause under the 43.01-2 43.01-4 Heritage Act 1995?

HO486 60 Eaglehawk Road, Ironbark Yes No No No No No No No Wetterau building

HO487 62-68 Eaglehawk Road, Ironbark - - - - Yes Ref No. No No Golden City Implements (Central Foundry) H1877

HO488 79 Eaglehawk Road, Ironbark Yes No No No No No No No Building

HO489 84 Eaglehawk Road, Ironbark Yes No No No No No No No British American Hotel

HO490 96 Eaglehawk Road, Ironbark Yes No No No No No No No Building

HO491 104 Eaglehawk Road, Ironbark Yes No No Yes No No No No Hopetoun Band Hall

HO492 Happy Valley Road, Ironbark - - - - Yes Ref No No No Victoria Hill Quartz Gold Mines H1355

HO493 29 Marong Road, Ironbark No No Yes No No No No No Schinus Molle (Areira)

HO494 19 Nettle Street, Ironbark Yes No No No No No No No Building

HO495 50 Nettle Street, Ironbark Yes No No No No No No No Building GREATER BENDIGO PLANNING SCHEME PAGE 557

PS Map Heritage Place External Internal Tree Outbuildings Included on Prohibited Name of Aboriginal Ref Paint Alteration Controls or fences the Victorian uses may be Incorporated heritage Controls Controls Apply? which are not Heritage permitted? Plan under place? Apply? Apply? exempt under Register Clause Clause under the 43.01-2 43.01-4 Heritage Act 1995?

HO8 Market Place, Bendigo No No Yes No No No No No Market Place Precinct

HO9 Myers Street, Bendigo No No No No No No No No Myers Street Precinct

HO10 Rosalind Park, Pall Mall and View Street, No No Yes No No No No No Bendigo Rosalind Park Precinct

HO11 Rowan Street, Bendigo No No No No No No No No Rowan Street Precinct

HO12 Short Street, Bendigo No No No No No No No No Short Street Precinct

HO13 Stevenson Street, Bendigo No No No No No No No No Stevenson Street Precinct

HO14 Tomlins Street, Bendigo No No No No No No No No Tomlins Street Precinct

HO15 Calder Highway, Big Hill No No No No No No No No Big Hill Railway Precinct

HO16 California Gully No No No No No No No No California Gully Precinct Planning and Environment Act 1987

GREATER BENDIGO PLANNING SCHEME

AMENDMENT C128

EXPLANATORY REPORT

Who is the planning authority?

This amendment has been prepared by the Greater Bendigo City Council, which is the planning authority for this amendment.

The amendment has been made at the request of Greater Bendigo City Council.

Land affected by the amendment.

The amendment applies to land throughout the municipality capable of subdivision and subject to Council's Infrastructure Design Guidelines, October 2007. The amendment also applies to land in Maiden Gully covered by the Maiden Gully Structure Plan, October1996, and land within the Bendigo Urban Growth Boundary (UGB), particularly in the vicinity of Bendigo Creek, assessed in the Cultural Heritage Report, May 2009.

Other land affected by proposed changes to correct zones and overlays, and update the Planning Scheme include the following:

Planning Address of land From To Proposed Overlay Area Scheme (current (proposed affected by Map No. zoning) zoning) rezoning (ha) (8HO) Loddon Valley Highway, Woodvale Farming Farming Include in clause Ordinance St Francis Xavier's Catholic Church 22.06 (HO721) only. 11 2-72 Englishs Road, Goornong (part) being Public Use 7 Low Density No change 1.78 CA 1G, Section 5, Parish of Goornong. (other) Residential 11 CA 1H Cameron Street, Goornong, being Public Use 7 Public No change 5.18 CA 1H Section 5, Parish of Goornong. (other) Conservation & Resource 13 CA 357 Loddon Valley Highway, Public Use 7 Farming No change 7.20 Woodvale (part) being CA 357 Section A (other) Township of Eaglehawk, Parish of Nerring. 13 52-54 Williams Road, CA 375A, Section A, Public Use 7 Public No change Township of Eaglehawk at Nerring. (other) Conservation & Resource 13 20 Allies Road, CA 271B, Section A, Public Use 7 Public No change Township of Eaglehawk at Nerring. (other) Conservation & Resource 14HO 48 High Street, Eaglehawk. Business 1 Business 1 Extend Heritage Victorian Hotel. Overlay (HO362) 14WMO 55 Clymo Road, Eaglehawk, being CA 47F, Farming Farming Wildfire Section N, Parish of Sandhurst. Management Overlay 15 3 Skibo Heights, White Hills Public Use 1 Residential 1 No change 0.55 4 Skibo Heights, White Hills (Service & 85 Kennewell Street, White Hills Utility) 177-179 St Killian Street, White Hills

Planning Address of land From To Proposed Overlay Area Scheme (current (proposed affected by Map No. zoning) zoning) rezoning (ha) 91-93 Kennewell Street, White Hills 95 Kennewell Street, White Hills 30 Buckland Street, White Hills 187 St Killian Street, White Hills 189 St Killian Street, White Hills 191 St Killian Street, White Hills 16 1 Kiln Lane, Epsom, shown as RES1 on PS Business 1 Public Park & No change 1.00 614399 ("Epsom Village" shopping centre). Recreation 16HO 182-194 Midland Highway, Epsom Business 1 Business 1 Heritage Overlay ("Palms - Epsom") (719) 16AEO Bendigo Airport, 35 Victa Road, East No change No change Airport Environs Bendigo. Overlay (AEO2) 17IPO, Maiden Gully Township No change No change Delete Incorporated 18IPO & Plan Overlay 22IPO (D-IPO2) 17DDO, Maiden Gully Township No change No change Design & 18DDO & Development 22DDO Overlay (DDO10) 18 10-14 McCormacks Road, CA's 533, 534 & Residential 1 Public No change 534A, Section M, Township of Eaglehawk Conservation & at Nerring. Resource 18 35 McCormacks Road, CA 133K, Section Residential 1 Public No change A, Township of Eaglehawk at Nerring. Conservation & Resource 18 Road Reserve east of CA 133N, Section A, Residential 1 Public No change Township of Eaglehawk at Nerring. Conservation & Resource (18HO) Church Street, Eaglehawk, Primary School Public Use 7 Public Use 7 Cut and paste after Ordinance No. 210 (HO364). (other) (other) HO363 only (18HO) Shown as 87 Marong Road, Golden Square Residential 1 Residential 1 Change address in Ordinance - change to 49-57 Marong Road, Golden Ordinance only Square in the Ordinance. (HO499) 18HO 17-19 Jackson Street, Long Gully Residential 1 Residential 1 Delete Heritage (former Long Gully School No. 2120) Overaly (D-HO545) part 18NCO 17-39 Jackson Street, Long Gully Residential 1 Residential 1 Delete (former Long Gully School No. 2120) Neighbourhood Character Overlay (D-NCO) part 19 CA 1A, Sec F18, Parish of Sandhurst Public Use 1 Residential 1 No change 0.52 53 Kennewell Street, White Hills (Service & 55 Kennewell Street, White Hills Utility) 147 St Killian Street, White Hills CA 1E, Sec F18, Parish of Sandhurst 155-157 St Killian Street, White Hills 19 81 and 83 Baxter Street, Bendigo Special Use Residential 1 No change 0.06 (Private Education) 19 49 Mill Street, Kennington Public Park and Residential 1 No change 0.01 Recreation (part) (part) 19 CA 131C, Parish of Sandhurst (opposite 49 Residential 1 Public Park & No change 0.02 Mill Street, Kennington) (part) Recreation (part) 19 81 Mackenzie Street , Bendigo Business 4 (part) Residential 1 No change 0.02 (part) 19 96-102 High Street, Bendigo and Residential 1 Business 4 (part) No change 0.02 56A Vine Street, Bendigo. (part) 19 116-118 High Street, Bendigo Business 4 (part) Special Use 1 No change 0.03 (private education (part)

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Planning Address of land From To Proposed Overlay Area Scheme (current (proposed affected by Map No. zoning) zoning) rezoning (ha) 19 112-114 High Street, Bendigo. Special Use 1 Business 4 (part) No change 0.02 (Private Education or Religious Institutions) part 19HO Corner of Murphy Street and Nomad Lane, Public Use 7 Public Use 7 Insert Heritage White Hills (Chinese Diggings Historic (other) (other) Overlay (HO720) Reserve and White Hills Geological Reserve) 19HO 94 Baxter Street, Bendigo. Residential 1 Residential 1 Delete Heritage Overlay (D-HO94) 19HO 87 Charleston Road, Bendigo Industrial 1 Industrial 1 Apply Heritage (former "Tomlins and Simmie Flour Mill"). Overaly (HO107) to rear section (19HO) Shown as 11 Napier Street, White Hills, Public Park & Public Park & Change address in Ordinance change to 559 Napier Street and 71 Recreation Recreation Ordinance (HO679) only Napoleon Crescent, White Hills. 19EAO 176, 178 & 180 Wattle Street, Bendigo Residential 1 Residential 1 Delete Environmental Overlay (D-EAO) 20AEO Bendigo Airport, 35 Victa Road, East No change No change Airport Environs Bendigo. Overlay (AEO2) 22 135 Sheltons Road, Diamond Hill, being Public Rural No change 0.10 CA 81A, Section D, Parish of Mandurang Conservation & Conservation Resource 22 & Primary School at 60-80 Olympic Parade, Residential 1 Public Use 2 Delete Public 3.26 22PAO Kangaroo Flat (Education) Acquisition Overlay (D-PAO) 23 91 Condon Street, Kennington Public Use 1 Residential 1 No change 0.10 (Service & Utility) 23 22 Drechsler Street, Flora Hill; Public Use 1 Residential 1 No change 0.11 7-13 Race Street, Flora Hill; and (Service & 7 Towers Street, Flora Hill. Utility) 23 57 Autumn Gully Road, Spring Gully Public Residential 1 No change 0.52 Conservation & Resource 23HO 118 Olinda Street, Quarry Hill Residential 1 Residential 1 Delete Heritage Overlay (D-HO591) 24 5 Sullivans Road, Strathfieldsaye Public Use 1 Residential 1 No change 0.10 (Service & Utility) part 33 1667 McIvor Highway, Longlea being CA Public Rural Living No change 2.80 13A, Section 19, Parish of Axedale. Conservation & Resource 44 2-24 Back Kyneton Road, Heathcote being Industrial 3 Rural Living No change 0.65 CA 8A (pt), Section 7A, Township and (part) (part) Parish of Heathcote. (former Shire of McIvor Council Depot).

What the amendment does.

The amendment includes the Infrastructure Design Guidelines, October 2007 as a Reference Document into the Greater Bendigo Planning Scheme, deletes the Maiden Gully Structure Plan, October 1996, as an Incorporated Plan (IPO2), but includes it as a Reference Document and adds Design and Development Overlay (DDO10) to include the minimum subdivision lot sizes as previously specified in the precincts of the Structure Plan.

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It also corrects zone and overlay anomalies and updates the Planning Scheme so that it is clearer, more precise and efficient.

The amendment proposes the following changes:

Municipal Strategic Statement changes: Clause No. Change Explanation

Clause 21.06-4 Replaces the Maiden Gully Structure Plan as Under "Zones and overlays", replaces the an Incorporated Document with a Design and Maiden Gully IPO2 with the Maiden Gully Development Overlay. DDO10 by: • Amending dot point 4 to read "Applying the Incorporated Plan Overlay to Strathfieldsaye" and deleting reference to Maiden Gully. • Including a new dot point to follow to read "Applying the Design and Development Overlay to Maiden Gully". Under "Further strategic work", deletes dot point 10 as follows: • "Reviewing the Maiden Gully Structure Plan". Clause 21.10 Includes the Infrastructure Design Guidelines Includes the Infrastructure Design (Reference as a Reference Document in the Planning Guidelines, October 2007 as a Reference Documents). Scheme. Document, adopted by Council at its meeting on the 15 August 2007, to replace the City of Greater Bendigo, Development Design Guidelines, December 1995. Clause 21.10 Replaces the Maiden Gully Structure Plan as Includes the Maiden Gully Structure Plan, (Reference an Incorporated Document with a Design and October 1996 as a Reference Document. Documents) Development Overlay. Deletes the structure plan as an Incorporated Document and replaces it with DDO10 and lists as a Reference Document. Clause 21.10 Includes the Cultural Heritage Report, May Includes the Cultural Heritage Report, (Reference 2009, as a Reference Document in the May 2009 as a Reference Document, Documents) Planning Scheme. adopted by Council at its meeting on the 5 August 2009.

Local Planning Policy changes: Clause No. Change Explanation Clause 22.06 Changes HO700 to HO721 described as HO700 already applied to 5 Strickland (Heritage Loddon Valley Highway, Woodvale Road, Ascot in schedule to clause 43.01 Policy) St Francis Xavier's Catholic Church

Ordinance changes: Clause No. Change Explanation

Schedule to Includes the frontage of 182-194 Midland Significant palm trees, "Palms - Epsom" Clause 43.01 Highway, Epsom in Heritage Overlay. (HO719). " Church Street, Eaglehawk, Primary School Puts HO364 into numerical order. No. 210 (HO364). After HO336 cut HO364 and paste after HO363.

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Clause No. Change Explanation

" Amends address from 87 Marong Road, Incorrect address shown for Gold Mines Golden Square to 49-57 Marong Road, Hotel. Golden Square. " Deletes Heritage Overlay (in part) from 17-39 Former Long Gully School No. 2120 Jackson Street, Long Gully. (HO545). Deletes area covered by playground and will match Heritage Overlay area shown in Victorian Heritage Register, Ref. HO968. " Includes land on the corner of Murphy Street Reinstates the "Chinese Diggings Historic and Nomad Lane, White Hills in Heritage Reserve and White Hills Geological Overlay. Reserve" with Heritage Overlay (HO720). " Deletes Heritage Overlay from 94 Baxter Dwelling was demolished in 2004. Street, Bendigo. Vacant site (HO94). " Includes 87 Charleston Road, Bendigo in Former Tomlins and Simmie Flour Mill Heritage Overlay. (HO107). Extends overlay to cover heritage buildings at the rear. " Amends address from 11 Napier Street, White Incorrect address. Hills to 559 Napier Street and 71 Napoleon Crescent, White Hills " Deletes Heritage Overlay from 118 Olinda (HO591) only applies to 109 Gladstone Street, Quarry Hill Street, Quarry Hill in the schedule to clause 43.01. Schedule to Includes a new schedule 10 to the Design and The incorporated plan has been expended Clause 43.02 Development Overlay and replaced by DDO10 to control lot sizes and subdivision objectives for infill development. Schedule 2 to Deletes schedule 2 "Maiden Gully Structure As above. Clause 43.03 Plan". Schedule to Deletes PAO1, Primary School at 60-80 Acquisition complete and school Clause 45.01 Olympic Parade, Kangaroo Flat. constructed. Schedule to Replaces the schedule to Clause 61.03 with a Deletes maps 17IPO, 18IPO and 22IPO Clause 61.03 new schedule that updated maps comprising and includes new maps 17DDO, 18DDO part of the scheme and 22 DDO. Schedule to Replaces the schedule to Clause 81.01 with a Deletes the words "Maiden Gully Structure Clause 81.01 new schedule that deletes the Maiden Gully Plan, approved with alterations, October Structure Plan. 1996", as an Incorporated Document, because it is replaced with Design and Development Overlay (DDO10).

Zone changes (mapping): Planning Change Explanation Scheme Map No. 11 Rezones 2-72 Englishs Road, Goornong (part) The land is privately owned and not Crown from Public Use Zone (other public use) to Low land. Density Residential Zone. 11 Rezones CA 1H Cameron Street, Goornong, being Now a Nature Conservation Reserve as a CA 1H Section 5, Parish of Goornong from Public consequence of the Box Ironbark Forest Use Zone (other public use) to Public and Woodlands Investigation. Rezones to Conservation and Resource Zone. PCRZ to reflect its current status and use as a site managed by Parks Victoria. 13 Rezones CA 357 Loddon Valley Highway, The land is privately owned and not Crown Woodvale (part) from Public Use Zone 7 (other land. public use) to Farming Zone.

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Planning Change Explanation Scheme Map No. 13 Rezones 52-54 Williams Road, CA 375A, Section ECC Recommendations and Crown Land - A, Township of Eaglehawk at Nerring from Public DSE request 13 May 2009 (SP432863af). Use Zone 7 (other public use) to Public Conservation & Resource Zone. 13 Rezones 20 Allies Road, CA 271B, Section A, ECC Recommendations and Crown Land - Township of Eaglehawk at Nerring from Public DSE request 13 May 2009 (SP432863af). Use Zone 7 (other public use) to Public Conservation & Resource Zone. 15 3 Skibo Heights, White Hills The land is privately owned. 4 Skibo Heights, White Hills Coliban Water assets are protected within 85 Kennewell Street, White Hills easements in favour of the authority. 177-179 St Killian Street, White Hills 91-93 Kennewell Street, White Hills 95 Kennewell Street, White Hills 30 Buckland Street, White Hills 187 St Killian Street, White Hills 189 St Killian Street, White Hills 191 St Killian Street, White Hills 16 Rezones 1 Kiln Lane, Epsom, shown as RES1 on The land is shown as a recreation reserve PS 614399 from Business 1 Zone to Public Park owned by Council on the Plan of and Recreation Zone. Subdivision. 18 Rezones 10-14 McCormacks Road, CA 533, 534 ECC Recommendations and Crown Land - & 534A, Section M, Township of Eaglehawk at DSE request 13 May 2009 (SP432863af). Nerring from Residential 1 Zone to Public Conservation & Resource Zone. 18 Rezones 35 McCormacks Road, CA 133K, Section ECC Recommendations and Crown Land - A, Township of Eaglehawk at Nerring from DSE request 13 May 2009 (SP432863af). Residential 1 Zone to Public Conservation & Resource Zone. 18 Rezones the Road Reserve east of CA 133N, ECC Recommendations and Crown Land - Section A, Township of Eaglehawk at Nerring DSE request 13 May 2009 (SP432863af). from Residential 1 Zone to Public Conservation & Resource Zone. 19 CA 1A, Sec F18, Parish of Sandhurst The land is privately owned. 53 Kennewell Street, White Hills Coliban Water assets are protected within 55 Kennewell Street, White Hills easements in favour of the authority or 147 St Killian Street, White Hills Crown land. CA 1E, Sec F18, Parish of Sandhurst 155-157 St Killian Street, White Hills 19 Rezones 81 & 83 Baxter Street, Bendigo from Both properties are private residences and Special Use Zone 1 (private education and not part of St.Killians School. religious institutions) to Residential 1 Zone. 19 Rezones 49 Mill Street, Kennington (part) from A small section at the rear of this private Public Park and Recreation Zone to Residential 1 property is shown as Crown land. Zone. 19 Rezones CA 131C, Parish of Sandhurst (part) A small section of Crown land at the rear opposite 49 Mill Street, Kennington from of 49 Mill Street is shown as being Residential 1 Zone to Public Park and Recreation residential. Zone. 19 Rezones 81 Mackenzie Street, Bendigo (part) from Land is used and developed with a Business 4 Zone to Residential 1 Zone. residence, however, is currently zoned B4Z and R1Z. The amendment proposes to place all of the land in one zone. 19 Rezones 96-102 High Street, Bendigo (part) and Lands are used for business purposes, 56A Vine Street, Bendigo (part) from Residential however, small sections at the rear are 1 Zone to Business 4 Zone. shown as residential. The amendment proposes to place all of the land in one zone.

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Planning Change Explanation Scheme Map No. 19 Rezones 116-118 High Street, Bendigo (part) from Land is owned and occupied by Girton Business 4 Zone to Special Use Zone 1 (private Grammar School Inc. education and religious institutions). 19 Rezones 112-114 High Street, Bendigo (part) from The site is not part of Girton Grammar and Special Use Zone 1 ((private education and is used and developed for commercial religious institutions) to Business 4 Zone. purposes. 22 Rezones 135 Sheltons Road, Diamond Hill, being The land is privately owned and developed CA 81A, Section D, Parish of Mandurang from with a dwelling and not Crown land. Public Conservation and Resource Zone to Low Density Residential Zone. 22 Rezones 60-80 Olympic Parade, Kangaroo Flat Acquisition complete and school from Residential 1 Zone to Public Use Zone - constructed. Education. 23 Rezones 91 Condon Street, Kennington from Former water-race reserve now disused and Public Use Zone 1 (service and utility) to privately owned and developed with a Residential 1 Zone. dwelling.

23 Rezones 22 Drechsler Street, Flora Hill, 7-13 Former water-race reserve now disused and Drechsler Street, Flora Hill, 7 Towers Street, Flora privately owned or part of the road reserve. Hill and parts of the road reserve from Public Use Zone 1 (service and utility) to Residential 1.

23 Rezones 57 Autumn Gully Road, Spring Gully The land is privately owned and not Crown from Public Conservation and Resource Zone to land. Residential 1 Zone. 24 Rezones 5 Sullivans Road, Strathfieldsaye (part) Former water-race reserve now disused and from Public Use Zone (service and utility) to privately owned. Residential 1. (PS 549434D) 33 Rezones 1667 McIvor Highway, Longlea from The land is privately owned and not Crown Public Conservation and Resource Zone to Rural land. Living Zone. 44 Rezones 2-24 Back Kyneton Road, Heathcote Small, remnant part of the former Shire of (part), being CA 8A (pt), Section 7A, Township McIvor Council Depot now cleared land. and Parish of Heathcote from Industrial 3 Zone to Rural Living Zone.

Overlay changes ( mapping and ordinance) Planning Change Explanation Scheme Map No. 14HO Extends the Heritage Overlay (HO362) to include At present, the Heritage Overlay only all of the land at 48 High Street, Eaglehawk. covers half of the Victoria Hotel building. 14WMO Includes 55 Clymo Road, Eaglehawk, being CA A small remnant of private land surrounded 47F, Section N, Parish of Sandhurst in Wildfire by WMO, abutting forested Crown land. Management Overlay. Corrects a mapping error. 16HO Includes the frontage of 182-194 Midland Significant palm trees, "Palms - Epsom" Highway, Epsom in Heritage Overlay. (HO719) as shown in (former) Chapter 4, Shire of Huntly, in the Greater Bendigo Planning Scheme. 16AEO & Amends the overlay from AEO to AEO2 at the AEO2 is specific to the Bendigo Airport. 20AEO Bendigo Airport, 35 Victa Road, East Bendigo. IPO2 & Replaces the Incorporated Plan for Maiden Gully The incorporated plan has been expended DDO10 township with Design and Development Overlay. and is replaced by a DDO10 to control lot sizes and subdivision objectives for infill development.

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Planning Change Explanation Scheme Map No. 18HO Deletes Heritage Overlay (in part) from 17-39 Former Long Gully School No. 2120 Jackson Street, Long Gully. Deletes area covered by playground. 18NCO Deletes Neighbourhood Character Overlay (in Former Long Gully School No. 2120. part) from 17-39 Jackson Street, Long Gully. Deletes area covered by buildings. 19HO Includes the corner of Murphy Street and Nomad Chinese Diggings Historic Reserve and Lane, White Hills in Heritage Overlay White Hills Geological Reserve. 19HO Deletes Heritage Overlay from 94 Baxter Street, Dwelling was demolished in 2004. Bendigo. Vacant site. 19HO Includes 87 Charleston Road, Bendigo in Heritage Former Tomlins and Simmie Flour Mill Overlay. (HO107). Extends overlay to cover heritage buildings at the rear. 19EAO Deletes Environmental Audit Overlay from 176, Adjoins former bakery/warehouse rezoned 178 and 180 Wattle Street, Bendigo from IN1 to R1Z in 2003. Three (3) private residences, not part of the bakery. 22PAO Deletes Map No. 22PAO Acquisition complete and school constructed. 23HO Deletes Heritage Overlay from 118 Olinda Street, HO591 only applies to 109 Gladstone Quarry Hill Street, Quarry Hill in the schedule to clause 43.01.

Strategic assessment of the amendment

• Why is the amendment required?

The Development Design Guidelines, City of Greater Bendigo, December 1995 were adopted following Council amalgamation in 1994. The document provided consolidated guidelines for infrastructure provision for new subdivisions. It has now been superseded with a new Infrastructure Design Manual, October 2007, prepared as a joint project by the City of Greater Bendigo, Shire of Campaspe and the City of Greater Shepparton. The manual was formally adopted by the City of Greater Bendigo at its meeting on the 15 August 2007, following community consultation and input from the development industry. The amendment proposes to include the manual as a Reference Document within the Planning Scheme.

The Maiden Gully Structure Plan was approved by the Minister for Planning on 28 October 1996 as part of Amendment L43 to the Greater Bendigo Planning Scheme and is included as Incorporated Plan (IPO2) within the Planning Scheme. The township is now almost fully developed or has approved development plans, except for minor infill sites and re-subdivision. The amendment proposes to delete the structure plan as an Incorporated Plan and list it as a Reference Document and include a Design and Development Overlay (DDO10) to continue to specify objectives and minimum lot sizes.

The amendment is also a "corrections" amendment and includes 52 properties that have been incorrectly zoned or an overlay incorrectly applied or omitted, being Stage 3 of planning authority's ongoing program for streamlining and updating the Planning Scheme:

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Amendment Description Finished No. C107 Stage 1 - Referral Amendment: October 2008 Removed unnecessary permit requirements and triggers and included changes to streamline the planning process. C109 Stage 2 - Efficiency Review: April 2009 Implemented the recommendations of the "Efficiency Review" Isis Planning, August 2008 and corrected zone and overlay anomalies C128 Stage 3 - Corrections Amendment: Proposed amendment Provides corrections and updates the Planning Scheme to reduce red-tape and delays in decision-making.

The last "corrections' amendment was C12 approved in June 2007, which included changes to 68 properties.

The City of Greater Bendigo Cultural Heritage Report, May 2009, was adopted by Council at its meeting on the 15 July 2009 for inclusion as a Reference Document within the Planning Scheme. The report includes guidelines that assist applicants for planning permits and planners to decide if an Aboriginal cultural heritage management plan is required to accompany an application, particularly for works in the vicinity of the Bendigo Creek and within the Bendigo Urban Growth Boundary.

• How does the amendment implement the objectives of planning in Victoria?

(a) The amendment provides for fair and orderly planning by specifying minimum design standards for subdivisions throughout the municipality, maintaining the Maiden Gully Structure Plan as a planning document within the planning and providing guidelines for assessing if a Cultural Heritage Management Plan (CHMP) is required to accompany an application for planning consent.

The amendment also corrects zone and overlay anomalies and updates the Planning Scheme so that it is clearer and more precise. By correcting anomalies, the amendment provides for the fair, orderly, economic and sustainable use and development of land in accordance with the objectives of planning in Victoria.

(b) The amendment provides for the protection of natural and man-made resources by specifying minimum subdivision requirements in the Infrastructure Design Manual, specifying objectives and minimum lot sizes for Maiden Gully, providing guidelines for a CHMP and updating the Planning Scheme

(c) The amendment secures a pleasant, efficient and safe environment by specifying minimum subdivision requirements in the Infrastructure Design Manual, specifying objectives and minimum lot sizes for Maiden Gully, providing guidelines for a CHMP and updating the Planning Scheme.

(d) The amendment protects public utilities and other assets and enables the orderly provision and coordination of public utilities and other facilities by specifying minimum subdivision requirements in the Infrastructure Design Manual, specifying objectives and minimum lot sizes for Maiden Gully, providing guidelines for a CHMP

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and updating the Planning Scheme.

(e) The amendment facilitates development by specifying design requirements in the Infrastructure Design Manual, providing precinct plans to guide development in Maiden Gully, providing guidelines for a CHMP and updating the Planning Scheme.

• How does the amendment address the environmental effects and any relevant social and economic effects?

The Infrastructure Design Manual and Maiden Gully Structure Plan are currently in use and assist transparent decision-making, however, do not replace requirements for a responsible authority to consider any significant environmental effects before deciding on a planning permit application (s60 PEA). The documents provide for orderly and proper planning by specifying the provision of engineering and community infrastructure throughout the municipality and specifically within Maiden Gully. The amendment also addresses indigenous social and cultural effects by the preparation of guidelines for assessing CHMP's.

There are no environmental effects expected by the correction of anomalies, which allow minor changes to the way some land parcels may be developed. Such changes are considered to have positive social and economic effects by correcting errors in the Planning Scheme.

• Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment?

The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Act.

• How does the amendment support or implement the State Planning Policy Framework?

The SPPF provides that "planning authorities should facilitate the orderly development of developing urban areas through the preparation of structure plans or precinct structure plans" (clause 41.01-2). The Infrastructure Design Manual and Maiden Gully Structure Plan provide for orderly development by carrying forward both documents for inclusion as Reference Documents in the Planning Scheme and reinforcing the Maiden Gully precinct plans with a Design and Development Overlay.

The design manual and precinct plans comply with the housing objectives by providing for subdivisions in locations with access to physical and community infrastructure with a range of lot sizes (clause 16.01-1).

The removing of Planning Scheme anomalies will contribute to the economic wellbeing of the community by reducing red-tape and delays.

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• How does the amendment support or implement the Local Planning Policy Framework?

The Bendigo Residential Development Strategy (Parsons Brinkerhoff, 2004) is a Reference Document within the Planning Scheme and provides the background for the LPPF, particularly Key Theme 2 - Housing (clause 21.06). The LPPF recommends a strategic approach towards achieving sustainable growth for the municipality, defines an urban growth boundary and provides a Residential strategic framework plan (clause 21.05, page 5) to guide development. More specifically, the plan indicates the extent of urban growth, a "proposed community focused development zone" for the centre of Maiden Gully with "new development areas" to the north-east. Under "further strategic work, the LPPF recommends "reviewing the Maiden Gully Structure Plan" (clause 21.06- 4), which has been undertaken as part of this Planning Scheme amendment.

The design manual and Maiden Gully precinct plans are consistent with a strategic approach to planning for the municipality and specifically for Maiden Gully, by providing clarity and transparency of decision-making.

The amendment is also a "corrections" amendment, compiled from an informal database of anomalies as they became apparent. Approval of the amendment will remove identified anomalies and corrections to-date from the scheme, provide for more efficient operational effectiveness and meet the needs of stakeholder property owners.

• Does the amendment make proper use of the Victoria Planning Provisions?

The VPP Practice Note1 on incorporated plans provides that a document should be incorporated "if it is essential to the administration or enforcement of the Planning Scheme and is necessary to determine the extent of a planning control" (DOI, 2000:2). The Maiden Gully Structure Plan was incorporated in 1996 and has generally fulfilled its role, however, it is still required to provide for infill subdivision and re-subdivision. Therefore, it is proposed to be replaced with a design and development overlay to achieve a similar outcome, but presented in a simple, transparent document. It will also be listed as a Reference Document in the Planning Scheme to provide background information on the origin and purpose of the control.

The amendment also makes proper use of the VPP's by applying the most appropriate zones and overlays in correcting errors and anomalies in the Planning Scheme.

• How does the amendment address the views of any relevant agency?

The Infrastructure Design Manual has been subject to consultation and formally adopted by Council. The Maiden Gully Structure Plan is currently an incorporated plan, which was exhibited as part of Amendment L43. Relevant agencies had input into the preparation and adoption of both documents. Drafts of the Cultural Heritage Report were forward to Aboriginal Affairs Victoria (AAV) and the Registered Aboriginal Party (RAP) without objection.

1 Incorporated and Reference Documents, Department of Infrastructure, August 2000.

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The balance of the amendment corrects errors and anomalies, which do not impact on any relevant agency.

• What impact will the new planning provisions have on the resource and administrative costs of the responsible authority?

The amendment is part of the City of Greater Bendigo's continuous improvement program and efficiency review aimed to improve the quality, timeliness and transparency of planning decisions.

Where you may inspect this Amendment.

The amendment is available for public inspection, free of charge, during office hours at the following places:

City of Greater Bendigo Planning and Development Unit 15 Hopetoun Street BENDIGO VIC 3550

The amendment can also be inspected free of charge at the Department of Planning and Community Development web site at www.dpcd.vic.gov.au/planning/publicinspection.

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Planning and Environment Act 1987

GREATER BENDIGO PLANNING SCHEME

AMENDMENT C128

The planning authority for this amendment is Greater Bendigo City Council The Greater Bendigo Planning Scheme is amended as follows:

Planning Scheme Maps The Planning Scheme Maps are amended by a total of 29 attached map sheets.

Zoning Maps

1. Planning Scheme Map No's. 11, 13, 16, 18, 19, 22, 23, 24, 33 and 44 are amended in the manner shown on the attached 14 maps marked “Greater Bendigo Planning Scheme, Amendment C128”. Overlay Maps

2. Planning Scheme Map No's. 7HO, 8HO, 14HO, 14WMO, 16HO, 16EAO, 18HO, 18NCO, 19HO, 19EAO, 20AEO, 22PAO and 23HO are amended in the manner shown on the attached 8 maps marked “Greater Bendigo Planning Scheme, Amendment C128”.

3. Insert a new Planning Scheme Map No's. 17DDO, 18DDO and 22DDO in the manner shown on the attached 3 maps marked “Greater Bendigo Planning Scheme, Amendment C128”.

4. Delete Planning Scheme Map No's. 17IPO, 18IPO and 22IPO in the manner shown on the attached map marked "Greater Bendigo Planning Scheme, Amendment C128".

Planning Scheme Ordinance The Planning Scheme Ordinance is amended as follows:

5. In Local Planning Policy Framework, replace Clauses 21.06 and 21.10 with a new Clauses 21.06 and 21.10 in the form of the attached documents. The details of the changes are as follows:

• Subclause 21.06-4 has been amended. • Subclause 21.10 has been amended.

6. In Overlays - Clause 43.01, replace the schedule with a new schedule in the form of the attached document.

7. In Overlays - following Clause 43.02, insert a new Schedule 10 in the form of the attached document.

8. In Overlays - following Clause 43.03, delete Schedule 2.

9. In Overlay - Clause 45.01, replace the schedule with a new schedule in the form of the attached document

10. In General Provisions - Clause 61.03, replace the schedule with a new schedule in the form of the attached document.

11. In Incorporated Documents - Clause 81.01, replace the schedule with a new schedule in the form of the attached document.

12. In Incorporated Documents - Clause 81.01, replace the schedule with a new schedule in the form of the attached document.

End of document

GREATER BENDIGO PLANNING SCHEME

--/--/20-- C SCHEDULE 10 TO THE DESIGN AND DEVELOPMENT OVERLAY

Shown on the planning scheme map as DDO10

MAIDEN GULLY STRUCTURE PLAN

1.0 Design objectives

--/--/20-- To provide for further residential development opportunities that is consistent with the need C to retain vegetation. To retain the low density residential nature of the lot sizes at a size greater than traditional urban standards. To ensure that subdivisions proposals will enable new buildings to be integrated with their site and surrounding area.

2.0 Buildings and works

--/--/20-- C A permit is not required to construct a building or construct and carry out works for the following: • A new dwelling or new outbuilding provided it is connected to reticulated sewerage and drainage; • Extend or alter an existing dwelling or outbuildings;

3.0 Subdivision

--/--/20-- C Any permit granted for residential subdivision, must incorporate the following requirements for the relevant precinct shown on Map 1:

Precinct 1: All new lots must be at least 1500m². Particular consideration must be given to the existing residential development pattern and to protection of rural areas north of Hermitage Road.

Precinct 2: All new lots must be at least 1500m². Particular consideration must be given to the existing residential development pattern; access to the Calder Highway must be by minor roads or service roads wherever possible.

Precinct 3: All new lots must be at least 1500m². Particular consideration must be given to maintaining the rural landscape and to the provision of limited access to the Calder Highway.

Precinct 4: No minimum lot size. Consideration must be given to achieving a range of lot sizes - generally from about 600m² at the north end of this precinct up to about 1500m².

Precinct 5: All new lots must be at least 1500m². Particular consideration must be given to the existing residential development patterns and nearby open space areas and to the provision of new open space, especially along water courses. Precinct 6: All new lots must be at least 1500m². Particular consideration must be given to maintaining the rural landscape and to the provision of limited access to the Calder Highway.

DESIGN AND DEVELOPMENT OVERLAY – SCHEDULE 10 PAGE 1 OF 3 GREATER BENDIGO PLANNING SCHEME

Precinct 7: All new lots must be at least 1500m², except:

- In the western unsubdivided portion of this precinct lots as small as 1000m² may be permitted. - In the northern unsubdivided portion, lots must be a minimum of 2000m² and must take account of the steeper slopes and remaining vegetation in this area; open space reserves should be used to protect land containing significant native vegetation.

4.0 Decision guidelines

--/--/20-- C Before deciding on any application, in addition to the decision guidelines in Clause 43.02, the responsible authority must consider: • The existing character of the area; • Whether the subdivision design and layout provides for the retention and protection of existing native vegetation.

DESIGN AND DEVELOPMENT OVERLAY – SCHEDULE 10 PAGE 2 OF 3 GREATER BENDIGO PLANNING SCHEME

Map 2 to Schedule 10 of clause 43.02 Maiden Gully Structure Plan

DESIGN AND DEVELOPMENT OVERLAY – SCHEDULE 10 PAGE 3 OF 3 Amendment C128 List of changes to the Greater Bendigo Planning Scheme

Clause / Map Change Comment Numbers

PLANNING SCHEME MAP CHANGES Map Nos., 17IPO, Deletes Map Nos., 17IPO, 18IPO, 22IPO and 22PAO. Deletes planning scheme maps. 18IPO, 22IPO and 22PAO

Map Nos., 17DDO, Adds Map Nos., 17DDO, 18DDO and 22DDO Adds planning scheme maps. 18DDO and 22DDO

LOCAL PLANNING POLICY FRAMEWORK Clause 21.06-4 In Clause 21.06-4 under "Zones and overlays", replace dot point 4 with the following: Replaces the Maiden Gully Structure Plan as Incorporated Plan (IPO2) by • "Applying the Incorporated Plan Overlay to Strathfieldsaye to ensure the township develops in including it as Reference Document accordance with the Strathfieldsaye Structure Plan". and including the Maiden Gully precinct plan as Development Plan Add a new dot point to follow to read: Overlay (DDO10)

• "Applying the Design and Development Overlay to Maiden Gully to ensure the township develops in accordance with the Maiden Gully Structure Plan".

Under "Further strategic work", delete dot point 10 as follows:

• "Reviewing the Maiden Gully Structure Plan".

Clause 21.10 In Clause 21.10 Reference Documents, under "Settlement and housing" include the following: Inserts the Infrastructure Design Guidelines as a Reference Document "TBA Planners et al, Maiden Gully Structure Plan, approved with alterations, October 1996" and transfers the Maiden Gully Structure Plan from Schedule 2 to the

Clause / Map Change Comment Numbers

Under "Environment", include the following: Incorporated Plan Overlay to the "City of Greater Bendigo, Cultural Heritage Report, May 2009". Reference Documents.

Under "Infrastructure", include the following:

"City of Greater Bendigo et al, Infrastructure Design Guidelines, October 2007 (updated)".

Clause 22.06 Amend the Heritage Investigation Inventory in the form of the attached document as follows: HO700 already applied to 5 Strickland Road, Ascot in schedule to Clause After HO699, change HO700 to HO721 at "Loddon Valley Highway, Woodvale, St Francis Xavier's Catholic 43.01. Church". OVERLAYS 43.01 Amend the Schedule to the Heritage Overlay in the form of the attached document as follows: Amends the overlay by the addition Schedule and deletion of heritage properties. Delete HO94, 94 Baxter Street, Bendigo.

After HO336, cut HO364 and paste after HO363 being "Church Street, Eaglehawk, Primary School No. 210".

Following HO420, insert the following: "HO719, 182-194 Midland Highway, Epsom, Palm Trees, No, No, Yes, No, No, No, No, No".

Change address of Heritage Place HO449 from 87 Marong Road to: "49-57 Marong Road, Golden Square, Goldmines Hotel",

Change address of Heritage Place HO679 from 11 Napier Street, White Hills to 559 Napier Street, White Hills & 71 Napoleon Crescent, White Hills.

Following HO685 insert the following: "HO720, Corner of Murphy Street and Nomad Lane, White Hills, Chinese Diggings Historic Reserve and White Hills Geological Reserve, No, No, No, No, No, No, No, No." 43.02 Inserts Schedule 10 to the Design and Development Overlay in accordance with the form of the attached Inserts a new schedule DDO10 - Schedule 10 document. Maiden Gully Structure Plan. 43.03 Deletes Schedule 2 to the Incorporated Plan Overlay Deletes the Maiden Gully Structure Schedule 2 Plan as an Incorporated document and

Clause / Map Change Comment Numbers

replaces it as a Reference Document and Design and Development Overlay DDO10. 45.01 Delete PAO1, Minister for Education and Training, Primary School at 60-80 Olympic Parade, Kangaroo Flat. Acquisition completed and school Schedule constructed. GENERAL PROVISIONS 61.03 Following Planning Scheme Map No. 17VPO, delete 17IPO and include 17DDO. Deletes 3 planning scheme maps and Schedule Following Planning Scheme Map No. 18HO, delete 18IPO and include 18DDO. includes 3 new planning scheme maps Following Planning Scheme Map No. 22HO, delete 22IPO and include 22DDO in the Scheme. Following Planning Scheme Map No. 22WMO, delete 22PAO INCORPORATED DOCUMENTS 81.01 Delete: Updates list of incorporated Schedule “Maiden Gully Structure Plan, approved with alterations, October 1996". documents. LIST OF AMENDMENTS (Information to accompany amendment) List of Insert: Updates list of amendments to the Amendments Amendment number “C128” in operation from DATE with the brief description: planning scheme “Includes the Infrastructure Design Guidelines, October 2007 and the Maiden Gully Structure Plan, October 1996 as Reference Documents and adds Design and Development Overlay (DDO10) - Maiden Gully Structure Plan, into the planning scheme. The amendment is also a "corrections" amendment and includes 49 properties that have been incorrectly zoned or an overlay incorrectly applied or omitted, being Stage 3 of the planning authority's ongoing program for streamlining and updating the Planning Scheme.

Planning and Environment Act 1987

GREATER BENDIGO PLANNING SCHEME

AMENDMENT C109

EXPLANATORY REPORT

Who is the planning authority?

This amendment has been prepared by the City of Greater Bendigo, which is the planning authority for this amendment.

Land affected by the amendment.

The amendment applies to land throughout the municipality.

The land affected by the proposed zoning changes is as follows: • Part of 116 and Part of 120 Bridge Street, Bendigo. • 66 Chapel Street, Bendigo. • Crusoe Heights Recreation Reserve, Bendigo. • Part of 70 and 82-92 Harpin Street, Bendigo. • Rear of 166-172 High Street, Bendigo. • Rear of 197-273 King Street, Bendigo and adjacent to the railway line. • Part of 70 Morrison Street, Bendigo between Needlewood Drive and Wesley Street. • 30 Nolan Street, Bendigo. • 76 Violet Street, Bendigo and Part of 80 Creek Street North, Bendigo. • 137-139 Wills Street, Bendigo. • 9-11 Firth Street, California Gully. • Rear Part of 13-15 Firth Street, California Gully. • 17-35 Poplar Street, California Gully. • 9-11 Watson Avenue, California Gully. • CA 133P Belmont Drive, Eaglehawk. • 3-7, 6-8 Clarke Street, Eaglehawk. • 1-5 and 6 Durham Street, Eaglehawk. • 96 High Street, Eaglehawk. • 4-8, 3-19 Hopkins Street, Eaglehawk. • 2-8, 11, 13, 13A, 12, 16-18 James Street, Eaglehawk. • 10-20, 26-32, 31-35 McCormacks Road, Eaglehawk. • 16-18 York Street, Eaglehawk. • Part of 401 High Street, Golden Square. • 180, 180A and 182 Breen Street, Golden Square. • 9 Hunter Place, Heathcote. • 80, 86, 88 & 92 Langston Street, Ironbark. • 1-5 Susan Street, Ironbark. • 257, 259, Part of 261 and Part of 265 Wattle Street, Ironbark. • 73 Short Street, Kangaroo Flat. • 50-56 Lougoon Drive, Maiden Gully. • Rear of 21-55 Pioneer Drive, Maiden Gully. • 20 and 73 Allies Road, Myers Flat. • Part of 70 Breen Street, Quarry Hill. • 173-189, 200-202 and 208-232 Loddon Valley Highway, Sailors Gully. • 250 Sailors Gully Road, Sailors Gully. • 1-7, 2-22 Dempsey Street, Sailors Gully. • 2-4, 52, 54, 68-76 and 45-99 Williams Road, Sailors Gully. • 494 Tresize Track, Wellsford. • Rear of 112 -118 Inglis Street, West Bendigo. • 245 Thompsons Road, Woodvale. • 2-6 Dalton Street, Woodvale. • 6-12 Veale Street, Woodvale.

The land affected by the proposed changes to the overlays is as follows: • Land in Edwina Court, Spring Gully, Broad Parade, Spring Gully and 67-69 Keogh Drive, Spring Gully affected by Schedule 2 to the Vegetation Protection Overlay (Significant Vegetation). • All land affected by Schedule 1 to the Significant Landscape Overlay (Bush Garden and Semi-Bush Garden Residential areas). • All land affected by Schedule 7 to the Design and Development Overlay (Ascot). • All land affected by Schedule 1 to the Development Plan Overlay (Environmental Management Plans). • Part of the land affected by Schedule 2 to the Development Plan Overlay (Epsom and Ascot). • Part of the land affected by Schedule 3 to the Development Plan Overlay (Residential 1 Zone - Density Management Areas). • All land affected by Schedule 4 to the Development Plan Overlay (Low Density Residential Zone - Density Management Areas). • All land affected by Schedule 6 to the Development Plan Overlay (Townships). • All land affected by Schedule 7 to the Development Plan Overlay (Specimen Hill Industrial Area). • All land affected by Schedule 8 to the Development Plan Overlay (Cassinia Drive Neighbourhood Character Development Plan). • All land affected by Schedule 9 to the Development Plan Overlay (Junortoun Area). • All land affected by Schedule 11 to the Development Plan Overlay (Long Gully Estate). • All land affected by Schedule 12 to the Development Plan Overlay (Woolstencraft Mews Neighbourhood Development Plan). • All land affected by Schedule 16 to the Development Plan Overlay (Lansell Crest Estate). • All land affected by Schedule 18 to the Development Plan Overlay (White Hills South - Holdsworth Road, Development Plan). • All land affected by Schedule 1 to the Incorporated Plan Overlay (Strathfieldsaye Township). • Land in Melita Court, Peake Court, Forest Drive, Conboy Street, Cedar Drive, Nation Court, Cahills Road, Ash Court, Fairway Drive, Christovic Place, Tchumlock Court, Corella Court, 119-133, 130-162 Taylor Street and 85-107 and 62-112 Strickland Road, Ascot. • Part of 96 Myrtle Road, Ascot. • 104 Garsed Street, Bendigo. • 198 and 206 Don Street, Bendigo. • 41-43 Mundy Street, Bendigo. • 112-114 and 116 Pall Mall, Bendigo. • 89 Queen Street, Bendigo. • 17-35 Poplar Street, California Gully. • 27 and 29 Panton Street, Golden Square. • 316 and 318 MacKenzie Street, Golden Square. • 27, 29 and 31 Eaglehawk Road, Ironbark. • 50 Lilac Street, Ironbark. • 19 Nettle Street, Ironbark. • 257, 259, Part of 261 and part of 265 Wattle Street, Ironbark. • 2 Webster Street, Ironbark.

What the amendment does.

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The amendment implements the recommendations from a report ‘Efficiency Review of the Greater Bendigo Planning Scheme’ prepared by Isis Planning and adopted by Council in 2008. This report reviewed all the planning scheme controls and identified a number of streamlining recommendations that focussed on: • Increased permit exemptions for minor buildings and works in zone and overlay schedules; • A new and consistent approach to the application of Development Plan Overlays; • Removal of redundant provisions; and • Reducing duplication of controls.

The amendment proposes the following:

Clause 21 – Municipal Strategic Statement Implement the recommendations from the Efficiency Review of the Greater Bendigo Planning Scheme as follows: Change Explanation Clause 21.10 (Reference Documents) Delete Mandurang Valley Outline Development Plan, 1993 as out-of-date, in accordance with the recommendations of the Amendment C66 Panel. Clause 21.10 (Reference Documents) Change the Draft East Bendigo Local Structure Plan, 2003, to the adopted version East Bendigo Local Structure Plan, 2006. Clause 21.10 (Reference Documents) Correct the date of the Commercial Land Strategy as a reference document in clause 21.10 of the planning scheme from 2004 to 2005

Clause 22 – Local Planning Policies Implement the recommendations from the Efficiency Review of the Greater Bendigo Planning Scheme as follows: Change Explanation Amend clause 22.02 (Rural Insert a new policy requirement for the provision of dwellings) an environmental management plan (discretionary)

Zone Changes Implement the recommendations from the Efficiency Review of the Greater Bendigo Planning Scheme as follows:

Change Explanation MAPPING Rezone land from Residential 1 Zone Rezone the following land from Residential 1 Zone to Low Density Residential Zone: to Low Density Residential Zone due to removal of DPO, to reflect the current subdivision pattern and development pattern: • CA 133P Belmont Drive, Eaglehawk. • 3-7, 6-8 Clarke Street, Eaglehawk. • 1-5 and 6 Durham Street, Eaglehawk. • 4-8, 3-19 Hopkins Street, Eaglehawk. • 2-8, 11, 13, 13A, 12, 16-18 James Street, Eaglehawk. • 10-20, 26-32, 31-35 McCormacks Road,

3 Eaglehawk. • 16-18 York Street, Eaglehawk. • 20 and 73 Allies Road, Myers Flat. • 50-56 Lougoon Drive, Maiden Gully. • 173-189, 200-202 and 208-232 Loddon Valley Highway, Sailors Gully. • 250 Sailors Gully Road, Sailors Gully. • 1-7, 2-22 Dempsey Street, Sailors Gully. • 2-4, 52, 54, 68-76 and 45-99 Williams Road, Sailors Gully. • 2-6 Dalton Street, Woodvale. • 245 Thompsons Road, Woodvale. • 6-12 Veale Street, Woodvale.

Rezone land from Residential 1 Zone Rezone the following land from Residential 1 Zone to Public Conservation and Resource to Public Conservation and Resource Zone to reflect Zone the public ownership of the land: • Part 70 Morrison Street, Bendigo between Needlewood Drive and Wesley Street. Rezone land from Residential 1 Zone Rezone the following land from Residential 1 Zone to Special Use Zone 3 (Television or to Special Use Zone 3 (Television or Radio): Radio Station) • Part of 401 High Street, Golden Square Rezone land from Industrial 1 Zone Rezone the following land from Industrial 1 Zone to to Business 3 Zone Business 3 Zone to reflect the current use of the land: • 73 Short Street, Kangaroo Flat. Rezone land from Public Use Zone 4 Rezone the following land from Public Use Zone 4 (Transport) to Residential 1 Zone (Transport) to Residential 1 Zone to reflect the current use and private ownership of the land: • Rear of 197-273 King Street, Bendigo and adjacent to the railway line. • 137-139 Wills Street, Bendigo. Rezone land from Public Use Zone 4 Rezone the following land from Public Use Zone 4 (Transport) to Business 3 Zone. (Transport) to Business 3 Zone to reflect the use and private ownership of the land: • Part 70 Breen Street, Bendigo. • 180, 180A and 182 Breen Street, Golden Square. Rezone land from part Public Use Rezone the following land from part Public Use Zone 4 (Transport) and part Zone 4 (Transport) and part Residential 1 Zone to Residential 1 Zone to Business 3 Business 3 Zone to reflect the use and private Zone. ownership of the land: • 180, 180A and 182 Breen Street, Golden Square. Rezone land from Residential 1 Zone Rezone the following land from Residential 1 Zone to Business 5 Zone. to Business 5 Zone to reflect the dominant use of the land for commercial purposes: • Rear of 166-172 High Street, Bendigo. Rezone land from Public Use Zone 1 Rezone the following land from Public Use Zone 1 (Service and utility) to Industrial 3 to Industrial 3 Zone to reflect the piping of the Zone. drainage line: • Rear of part of 70 Harpin Street, Bendigo. • 82-92 Harpin Street, Bendigo. Rezone land from part Industrial 3 • Front of part of 70 Harpin Street, Bendigo. Zone and part Public Use Zone 1 to The land is not potentially contaminated.

4 Residential 1 Zone. Rezone land from Special Use Zone Rezone the following land from Special Use Zone 1 1 (Private educational or religious to Residential 1 Zone to reflect the current use of the institutions) to Residential 1 Zone. land: • 66 Chapel Street, Bendigo. Rezone land from Public Park and Rezone the following land from Public Park and Recreation Zone to Residential 1 Recreation Zone to Residential 1 Zone to reflect the Zone. current use of the land for residential purposes and the private ownership of the land: • 30 Nolan Street, Bendigo. • Part 116 and part 120 Bridge Street, Bendigo. • Rear of 21-55 Pioneer Drive, Maiden Gully. Rezone land from Public Park and • Rear of 112 -118 Inglis Street, West Bendigo. Recreation Zone to Low Density Residential Zone. Rezone land from Public Rezone the following land from Public Conservation and Resource Zone to Conservation and Resource Zone to Rural Living Rural Living Zone. Zone to reflect the private ownership of the land and adjacent use: • 494 Tresize Track, Wellsford. Rezone land from Public Use Zone 7 Rezone the following land from Public Use Zone 7 (Other public use) to Residential 1 (Other) to Residential 1 Zone to reflect the use and Zone private ownership of the land: • 9-11 Watson Avenue, California Gully. • 17-35 Poplar Street, California Gully. • Rear part of 13-15 Firth Street, California Gully. • 1-5 Susan Street, Ironbark. • 96 High Street, Eaglehawk. • 257, 259, part 261 and part 265 Wattle Street, Ironbark. • 80, 86, 88 & 92 Langston Street, Ironbark. Rezone land from Residential 1 Zone Rezone the following land from Residential 1 Zone to Public Use Zone 7 (Other public to Public Use Zone 7 (other public use) to reflect its use) public ownership: • 9-11 Firth Street, California Gully. Rezone land from Public Use Zone 7 Rezone the following land from Public Use Zone 7 (Other public use) to Public Park and (Other) to Public Park and Recreation Zone to Recreation Zone. reflect the current use of land: • Crusoe Heights Recreation Reserve, Bendigo. Rezone land from Public Use Zone 7 Rezone the following land from Public Use Zone 7 (Other public use) to Public (Other) to Public Conservation and Resource Zone Conservation and Resource Zone. to reflect the current use of the land: • Part 70 Morrison Street south of Needlewood Drive and north of Crusoe Road, Bendigo. Rezone land from Public Use Zone 3 Rezone the following land from Public Use Zone 3 (Health and Community) to Business to Business 4 Zone to reflect the private ownership 4 Zone. and current use of the land: • 9 Hunter Place, Heathcote. Rezone land from Special Use Zone Rezone the following land from Special Use Zone 8 8 (Showgrounds) to Special Use (Showgrounds) to Special Use Zone 6 (Tourism Zone 6 (Tourism facility). facility): • 76 Violet Street and part of 80 Creek Street North, Bendigo. ORDINANCE Amend the Schedule to the Low To reflect the existing minimum lot sizes provided Density Residential Zone in the current DPO3 and apply it as a schedule

5 requirement of the LDRZ by applying a minimum subdivision area of: • 0.8ha for Epsom/Huntly corridor. • 0.4ha and 1.0ha for North Huntly. • 1.0ha for Huntly area. • 1.0ha for Racecourse Road/Golf Course Road area. • 1.0ha for Heinz Street and South area. • 1.0ha for Junortoun area. • 2.0ha for White Hills. • 2.0ha for Heathcote area. • 2.0ha for Strathfieldsaye. • 2.0ha for Diamond Hill Road/Woodward Road area. • 2.0ha for Edwards Road, One Tree Hill. • 2.0ha for Mandurang. • 1.5ha and 2.0 for Eaglehawk/Myers Flat. 2 Amend the Schedule to the Rural • Addition of a maximum floor area of 100m for Living Zone. which no permit is required to alter or extend an existing dwelling. • Addition of a minimum setback from a boundary of 10m and a minimum setback from a dwelling not in the same ownership of 50m. 2 Amend the Schedule to the Rural • Addition of a maximum floor area of 100m for Conservation Zone. which no permit is required to alter or extend an existing dwelling and existing building used for agriculture. 2 Amend the Schedule to the Farming • Addition of a maximum floor area of 100m for Zone. which no permit is required to alter or extend an existing dwelling and existing building used for agriculture. Amend Schedule 1 to the Allows discretion to consider applications for Incorporated Plan Overlay residential and commercial development where all (Strathfieldsaye Township Structure reticulated services are not available. Plan 2001 - Revised April 2006).

Overlay Changes Implement the recommendations from the Efficiency Review of the Greater Bendigo Planning Scheme as follows: Change Explanation DEVELOPMENT PLAN OVERLAY - MAPPING Delete Schedule 1 (Environmental • Currently applies to all Rural Conservation and Management Plans) to the Rural Living zoned land. Development Plan Overlay. • Inappropriate use of the DPO. • The need for an environmental management plan is to now be a requirement of the rural dwelling and rural subdivision local planning policies. Amend Schedule 2 (Epsom and • Delete DPO2 from land already developed for Ascot) to the Development Plan residential purposes. Overlay. • Retain DPO2 for those areas yet to be developed. Schedule 3 (Residential 1 Zone – • Currently applies to residential land with further Density Management areas) to the development potential but only attempts to Development Plan Overlay, except control lot size. for the area north of Ironstone Road, • Inappropriate use of the DPO.

6 Ascot and east of the railway line. • A minimum lot size control will be retained on land to be rezoned to the LDRZ in Eaglehawk/Myers Flat area. • A minimum lot size will be retained for Ascot (south of Ironstone Road) with the use of the Design and Development Overlay Control. Delete Schedule 4 (Low Density • Currently applies to low density residential land Residential Zone – Density with further development potential but only Management areas) to the attempts to control lot size. Development Plan Overlay. • Inappropriate use of the DPO. • A minimum lot size control will be retained in the LDRZ schedule for the Epsom/Huntly corridor, North Huntly, Huntly area, Racecourse Road/Golf Course Road area, Heinz Street and South area, Junortoun area, White Hills area, Heathcote area, Strathfieldsaye Road area, Diamond Hill Road/Woodward Road area, Edwards Road, One Tree Hill, Mandurang. • To avoid duplication with the Strathfieldsaye Incorporated Plan Overlay. Amend Schedule 6 (Townships) to • Delete DPO6 from Elmore, Raywood, the Development Plan Overlay. Goornong, Axedale, Mia Mia, Redesdale, Lockwood South, Knowsley and Costerfield. • Retain DPO6 for Marong. • Inappropriate use of the DPO. • Council can require a development plan at their own discretion. Delete Schedule 7 (Specimen Hill • DPO7 is redundant. Industrial area) to the Development Plan Overlay. Delete Schedule 8 (Cassinia Drive • Land is now fully developed or guided by a Neighbourhood Character current planning permit. Development Plan) to the • DPO8 is now redundant. Development Plan Overlay. Delete Schedule 9 (Junortoun Area) • Land is already covered by density management to the Development Plan Overlay. in Schedule to clause 35.06 (map 4). Delete Schedule 11 (Long Gully • Land is now fully developed or guided by a estate) to the Development Plan current planning permit. Overlay. • DPO11 is now redundant. Delete Schedule 12 (Woolstencraft • Land is now fully developed or guided by a Mews Neighbourhood) to the current planning permit. Development Plan Overlay. • DPO12 is now redundant. Delete Schedule 16 (Lansell Crest • Land is now fully developed or guided by a estate) to the Development Plan current planning permit. Overlay. • DPO16 is now redundant. Delete Schedule 18 (White Hills • Development plan approved and permit for 30 South - Holdsworth Road) to the lot subdivision issued. Development Plan Overlay. HERITAGE OVERLAY - MAPPING Amend the Heritage Overlay. • Delete HO6 from 104-108 Garsed Street, Bendigo. • Delete HO50 from part 96 Myrtle Road, Ascot. • Delete HO114 from 198 Don Street, Bendigo and apply to 206 Don Street, Bendigo.

7 • Delete HO230 from 112-114 Pall Mall and apply to 116 Pall Mall, Bendigo. • Delete HO448 from 316 MacKenzie Street, Golden Square. • Delete HO452 from 27 Panton Street, Golden Square and apply to 29 Panton Street, Golden Square. • Delete HO494 from 19 Nettle Street, Ironbark and apply to 50 Lilac Street, Ironbark. • Delete HO500 from 2 Webster Street, Ironbark and apply to 27, 29 & 31 Eaglehawk Road, Ironbark. DESIGN AND DEVELOPMENT OVERLAY - MAPPING Apply Design and Development Apply Design and Development Overlay 7 (Ascot) Overlay 7 (Ascot). to land in the following streets in Ascot: • Melita Court; • Peake Court; • Forest Drive; • Conboy Street; • Cedar Drive; • Nation Court; • Cahills Road; • Ash Court; • Fairway Drive; • Christovic Place; • Tchumlock Court; • Corella Court; • 119-133, 130-162 Taylor Street; and • 85-107 and 62-112 Strickland Street. OTHER OVERLAYS - MAPPING Apply Schedule 1 (Bendigo Early Apply the Neighbourhood Character Overlay 1 Settlement Residential Character) to (Bendigo Early Settlement Residential Character) to the Neighbourhood Character reflect current use of land at 257, 259, part 261 and Overlay. part 265 Wattle Street, Ironbark. Apply the Environmental Audit Apply the Environmental Audit Overlay to 17-35 Overlay. Poplar Street, California Gully. ORDINANCE Amend Schedule 1 to the Significant Add an exemption for non-native species and exotic Landscape Overlay. species. Amend the Schedule to the Heritage • Correct address of HO50 to ‘Part 96 Myrtle Overlay. Road, Ascot’. • Correct address of HO114 to ‘206 Don Street, Bendigo’. • Correct address of HO209 to ‘41-43 Mundy Street, Bendigo’. • Correct address of HO230 to‘116 Pall Mall, Bendigo’. • Correct address of HO232 to ‘89 Queen Street, Bendigo’. • Correct address of HO448 to ‘318 Mackenzie Street, Golden Square’. • Correct address of HO494 to ‘50 Lilac Street, Ironbark’ and description to ‘Building, gardens and trees’. • Correct address of HO500 to ‘27, 29 & 31

8 Eaglehawk Road, Ironbark’ and description to ‘3 Attached Buildings’. • Correct spelling of ‘historic’ in HO 662. Introduce a new Schedule 7 (Ascot) Translate the minimum lot size control of 1500m2 to the Design and Development from the DPO3. Overlay. Amend Schedule 1 (Strathfieldsaye Amend clause 1 - conditions and requirements for Township) to the Incorporated Plan permits. Overlay. Amend Schedule 6 (Townships) to Amend clause 2 – conditions and requirements for the Development Plan Overlay. permits. Strategic assessment of the amendment

• Why is the amendment required?

The amendment is required to implement the recommendations from an efficiency review completed by Isis Planning and adopted by Council in 2008. The amendment will streamline some controls to introduce permit exemptions and reduce permit requirements doe minor matters. This will contribute towards implementation of Action 7 – removing unnecessary matters of the ‘Cutting the Red Tape in Planning Report’.

• How does the amendment implement the objectives of planning in Victoria? (S.4 of the Planning and Environment Act 1987)

The amendment implements the objectives of planning in Victoria as outlined in Section 4 of the Planning and Environment Act 1987. The improvement initiatives identifies in the efficiency review will reduce or eliminate unnecessary requirements of the planning scheme and ensure provide a clear policy framework for the fair, orderly, economic and sustainable growth of the municipality.

• How does the amendment address the environmental effects and any relevant social and economic effects?

The strategic direction of the planning scheme has been maintained and will not have any environmental impacts. The deletion of the DPO1 (Environmental Management Plans is a blunt tool and inappropriate use of the DPO. The rural dwelling policy at clause 22.02 has been amended to ensure Council has the discretion to require an environmental management plan.

The amendment will have positive social and economic outcomes as it reduces or eliminates unnecessary matters and removes duplication.

9 • Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment?

The amendment is affected by Minister's Direction No. 6 – Rural Residential Development under section 12 of the Planning and Environment Act 1987. Some land is to be rezoned to Low Density Residential Zone (Ascot) from Residential 1 Zone in Eaglehawk/Myers Flat and Marong. The current minimum lot size has been translated from the DPO3 as it relates to Residential 1 land and inserted into the schedule for the Low Density Residential Zone. This results in no net increase in development potential as the subdivision controls remain unchanged.

See Appendix A for "Requirements to be met under Ministerial Direction No.6".

The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Act.

• How does the amendment support or implement the State Planning Policy Framework?

The amendment has no effect on the State Planning Policy Framework as the focus of the amendment is to reduce unnecessary permit triggers in the planning scheme, while remaining policy neutral.

• How does the amendment support or implement the Local Planning Policy Framework?

The amendment makes a minor date correction to the reference document list and a reference in the rural dwelling policy to the need for an environmental management plan. The bulk of the statutory changes are minor in nature and policy neutral.

• Does the amendment make proper use of the Victoria Planning Provisions?

The amendment makes proper use of the Victorian Planning Provisions by removing the inappropriate use of the Development Plan Overlay to control subdivision lot size and utilises the schedule to the Low Density Residential Zone to achieve the same outcome.

• How does the amendment address the views of any relevant agency?

The preparation of the efficiency review has involved discussion with referral authorities and other government agencies.

• What impact will the new planning provisions have on the resource and administrative costs of the responsible authority?

This amendment will reduce resource and administrative costs of council. The focus of the efficiency review of the planning scheme was to remove unnecessary or redundant provisions of the planning scheme. This report has identified the potential to reduce the level of permits by 20%. This amendment represents the first step in implementing the recommendations of the efficiency review.

10 Where you may inspect this Amendment.

The amendment is available for public inspection, free of charge, during office hours at the following place:

• Greater Bendigo City Council, Planning and Development Unit, 15 Hopetoun Street Bendigo.

The amendment can also be inspected free of charge at the Department of Planning and Community Development web site at www.dpcd.vic.gov.au/planning/publicinspection.

11 GREATER BENDIGO PLANNING SCHEME

AMENDMENT C109

EXPLANATORY REPORT

APPENDIX A

Ministerial Direction No.6 - Rural Residential Development:

The amendment is affected by Minister's Direction No.6 - Rural Residential Development under section 12 of the Planning and Environment Act, 1987. Land is proposed to be rezoned from Residential 1 Zone to Low Density Residential north of Ironstone Road at Ascot (50 ha) and at Eaglehawk/Myers Flat (84 ha). The minimum lot size for each area has been translated from the DPO3 as it relates to Residential 1 land and inserted into the schedule for the Low Density Residential Zone. This results in no net increase in development potential as the subdivision controls remain unchanged.

Ministerial Direction No.6 generally relates to the rezoning of rural land to rural residential, however, amendment C109 is a rezoning land from one urban zoning to another of equivalent density. Therefore, much of the justification required by the Direction does not directly apply.

1. Introduction

Ironstone Road, Ascot Area: The area is currently zoned Residential 1 with a DPO3, minimum lot size 0.4 (ha) (schedule 3 to clause 43.04, MAP 3).

The Northern Corridor & Huntly Local Structure Plan 2005, is a Reference Document in the Greater Bendigo Planning Scheme (clause 21.10). The scheme recommends the implementation of the recommendations of the Northern Corridor & Huntly Local Structure Plan 2005, in particular, to rationalise the Development Plan Overlay provisions that apply to residential land, following a review of the Low Density Residential Zone (clause 21.06- 4).

The Northern Corridor & Huntly Local Structure Plan 2005 states that "rezoning of this area to Low Density Residential and removal of the overlay will simplify current planning controls" (page 66) and delineates the land for a Low Density Residential zone in the Structure Plan (Figure 1, page 7).

Eaglehawk/Myers Flat Area: The various areas are currently zoned Residential 1 with a DPO3, minimum lot size 1.5 (ha) (schedule 3 to clause 43.04 MAPs 1 & 2).

The subject areas are reviewed in Appendix A to the Efficiency Review of the Greater Bendigo Planning Scheme 2008 (nominated as Areas 1, 2 & 4, page

12 49). The report recommends that lot sizes not be changed for the following reasons:

- Sewerage is unavailable. - Areas 1 & 2 are fairly remote and abut land zoned Farming (FZ) or back onto forested land. - Area 4 is an older heritage area (Harvey Town) with remnant vegetation abutting Crown land with mining disturbance and a proposed open cut mine to the north. - The character of the various areas is low density residential to rural residential in nature.

2. Requirements to be met under Ministerial Direction No.6:

ƒ Is the proposal consistent with the housing needs and settlement strategy of the area?

The area is located within the Bendigo Urban Growth Boundary (UGB) and shown as part of the Urban Containment Policy for infill sites zoned Residential in the Bendigo Residential Development Strategy, 20041 (Figure 3.1). The purpose of the urban containment component is to encourage residential development in suitable locations, subject to considering environmental constraints, vegetation, location and character.

The area is consistent with the strategy for housing needs and settlement in Bendigo's northern corridor, because:

- It is within the UGB and designated for infill, low density residential development; and - Forms part of the BRDS, which has been adopted as Council's strategy for managing urban growth.

ƒ Is the proposal supported by and supports sustainable and viable settlements and communities?

Ironstone Road, Ascot Area: The area is within the Bendigo UGB and close to community and engineering infrastructure that has the ability to sustain viable, low density development. It is capable of being full serviced, particularly with reticulated water and sewerage.

The area is capable of sustaining a viable community because:

- It is part of urban Bendigo and can readily access social and community infrastructure e.g., there is a new sub-regional shopping village to the south and a new recreation reserve to the north within walking distance; and

1 City of Greater Bendigo, Residential Development Strategy, March 2004, Parsons Brinkerhoff

13 - The area can be fully serviced with extensions to existing engineering infrastructure.

Eaglehawk/Myers Flat Areas: These areas are also within the UGB, however, the same caution about assuming all infill sites are suitable for residential development at normal urban densities is highlighted. The subject areas are low density in nature with a minimum lot size of 1.5 (ha), however, capable of sustaining viable communities because:

- The areas benefit from social and community infrastructure, being on the periphery of urban Eaglehawk; and - The areas are already established, low density residential settlements forming part of Eaglehawk.

ƒ Does the proposal compromise the sustainable future use of existing natural resources, including productive agricultural land, water, mineral and energy resources?

Ironstone Road, Ascot Area: The land has an area of 50.82 (ha) in 13 allotments containing 6 houses. The land is generally fragmented, although the largest 3 parcels are within family ownership with a combined area of 31 (ha). The land is rural residential in nature, abutting the Wellsford Forest (part of the Bendigo Regional Park) and is bisected by Back Creek (Huntly).

The proposal will not compromise agricultural land, water, mineral and energy resources because:

- The land is already fragmented into unviable units, incapable of sustaining commercial agriculture. - The land is of poor agricultural quality requiring broad-acres to be sustainable; and - The location is bounded by forested Crown land to the north and east and urban development to the south and west and therefore, incapable of consolidation into a large agricultural parcels.

Eaglehawk/Myers Flat Areas: These are older, established areas already committed to low density development. The areas are fragmented into separate landholding of poor agricultural quality:

No. of allotments No. of houses Total Area Area 1 40 36 40.48 (ha) Areas 2 31 29 36.63 (ha) Area 4 14 12 36.39 (ha) Source: Efficiency Review 2008, page50.

The proposal will not compromise agricultural land, water, mineral and energy resources because:

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- The areas are already settled and fragmented into low density residential allotments; and - Parts of the area have previously been the subject of mining disturbance, which is isolated to Crown land along Myers Creek.

ƒ Does the proposal protect existing visual and environmental qualities of the area, such as landscape, water quality, native vegetation, habitat and biodiversity?

Ironstone Road, Ascot Area: The area was previously zoned Low Density Residential under Chapter 8 (Huntly Urban) of the Greater Bendigo Planning Scheme, prior to the VPP scheme, June 2000. The area is rural residential in nature with a back-drop to the Wellsford Forest and is bisected by Back Creek.

The re-introduction of the Low Density Residential zone will not reduce the existing visual and environmental qualities of the area, because:

- The Urban/Forest interface policy (clause 22.01) protects and maintains the environmental values of adjoining forested areas; and - Remnant native vegetation along Back Creek will be contained with future open space in association with any application to subdivide land.

Eaglehawk/Myers Flat Areas The areas were previously zoned Low Density Residential under the Chapter 3 (Eaglehawk) of the Greater Bendigo Planning Scheme, prior to the VPP scheme, June 2000. The areas are established low density residential in nature with areas of remnant native vegetation and backdrops to forested Crown land or land zoned for farming purposes. Sections of Myers Creek between Areas 1 & 2 contain remnant native vegetation, whilst a section opposite Area 2 is currently used for small scale, mine tailings removal and treatment (permit no.T416, D. Lougoon). The remnant vegetation was covered by a Native Vegetation Area Overlay (NVA) under Chapter 3 (Eaglehawk) under the previous planning scheme and translated to a Vegetation Protection Overlay (VPO2) - Significant Vegetation, under the current provisions.

Land to the south of Area 4 is part of the historic Harvey Town settlement and is covered by a Heritage Overlay (HO).

The re-introduction of the Low Density Residential zone will not reduce the existing visual and environmental qualities of the area, because:

- Remnant native vegetation on and adjoining Areas 1 & 2 are protected by a VPO2. - Remnant native vegetation along Myers Creek and abutting Area 1 is on Crown land; and - The Urban/Forest interface policy (clause 22.01) protects and maintains the environmental values of adjoining forested areas.

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ƒ Does the proposal avoid predictable adverse environmental processes and effects, such as flooding, erosion, landslip, salinity or wildfire?

Ironstone Road, Ascot Area: The subject land has a high water-table2, which is an indicator of potential salinity problems. It is also bisected by Back Creek and parts of the land are subject to inundation3.

The Northern Corridor & Huntly Local Structure Plan, 2005, states the following:

The area north of Ironstone Road is affected by the flood-plain of Back Creek (west side) and has an extensive boundary to the Wellsford Forest (east side). A Development Overlay applies to the area, restricting development to lots of 4,000m². Development of the land at a low density is compatible with its location and character. Rezoning of this area to Low Density Residential and removal of the overlay control will simplify current planning controls (page 66).

There are predictable environmental issues affecting the subject land, however, the proposal is supported because:

- Any future subdivision layout will be required to address and be responsive to servicing, environmental, contamination, cultural heritage and location and character issues; and - Engineering solutions will address flooding issues with design and management solutions for other environmental constraints.

Eaglehawk/Myers Flat Areas: Similar issues affect the subject areas, including previous mining activity and unavailability of reticulated sewerage. The current zoning of Residential 1 (R1Z), is not an accurate reflection of the current use and ownership pattern.

There are predictable environmental issues affecting the subject areas, however, the proposal is supported because:

- The rezoning to Low Density Residential with a scheduled 1.5 (ha) minimum allows for better management and environmental outcomes, particularly drainage and domestic wastewater management.

2 <2 metres in Draft, Depth to Watertable Model for Bendigo Urban Growth Area, May 2006 3 Back Creek Flood Study, 2008, Earth Tech, Figure 4.1

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ƒ Can the proposal be efficiently serviced by social and physical infrastructure, at an acceptable and sustainable community cost?

Ironstone Road, Ascot Area: The subject land is located within the Bendigo UGB and in close proximity to social and community facilities in Bendigo and a newly constructed sub- regional shopping centre in Epsom (approximately 2 km to the south-west). Any subdivision will be required to be serviced with the reticulated services of water, sewerage, electricity and telecommunications with fully constructed roads and drainage. All such services can be extended from existing services in abutting urban development to the west and south.

The proposal can be efficiently serviced with community and engineering infrastructure because:

- It is an urban infill site close to sub-regional facilities in Epsom, which is nominated for Community Focused Development (CFD) in the BRDS; and - Any subdivision proposal will be location and character responsive and fully serviced, including the provision of public open space.

Eaglehawk/Myers Flat Creek Areas: The areas are located within the Bendigo UGB in close proximity to the Eaglehawk CBD and have access to an established network of social and community infrastructure. The areas are already developed and serviced with sealed roads and reticulated water, however, sewerage is not available.

The proposal can sustain the local community because:

- Eaglehawk is a well established urban centre and will continue to provide the necessary social and community support; and - Maintaining minimum lot sizes of 1.5 (ha) will assist the management of storm water and domestic wastewater.

17 GREATER BENDIGO PLANNING SCHEME

AMENDMENT C109

EXPLANATORY REPORT

APPENDIX B

Introduction:

Amendment C109 is the result of a review of the Greater Bendigo Planning Scheme to improve the efficiency and effectiveness of the scheme by removing unnecessary permit triggers for minor uses and developments that do not add to strategic planning outcomes, and rationalisation of other parts of the scheme which are inconsistent with VPP format schemes e.g., use of the Development Plan Overlay to control subdivision density, which should be in the schedule to the zone. The review and its recommendations are contained within the report titled Efficiency Review of the Greater Bendigo Planning Scheme, final report, August 2008, Isis Planning (the "Efficiency Review").

A peer review of the "Efficiency Review", indicated other errors, which were corrected as part of the preparation of Amendment C109, therefore, there are inconsistencies between the review and the Explanatory Report.

Another part of the amendment is a "clean-up" of errors, omission and anomalies discovered during routine operation of the scheme. The last tidy-up amendment was C12 approved in June 2007.

The purpose of this appendix:

The purpose of this appendix is to include two tables; one referring to the changes made because of the "Efficiency Review" and the other referring to changes made because of the "clean-up" the scheme, and provide reasons for such changes.

NB Additions for clarification purposes are shown in Highlight.

18 Table 1: Efficiency Review Table 2: Clean-up the scheme Clause 21 - Municipal Strategic Statement Change Explanation Change Explanation Clause 21.10 Delete Mandurang Valley (Reference Outline Development Plan, Documents) 1993 as out-of date, in accordance with the recommendations of the Amendment C66 Panel. Clause 21.10 Change the Draft East (Reference Bendigo Local Structure Documents) Plan, 2003, to the adopted version East Bendigo Local Structure Plan, 2006 Clause 21.10 Correct the date of the (Reference Documents) Commercial Land Strategy as a reference document in clause 21.10 of the planning scheme from 2004 to 2005 Clause 22 - Local Planning Policies Change Explanation Change Explanation Amend clause 22.02 Insert a new policy (Rural dwellings) requirement for the provision of an environmental management plan (discretionary). • Replaces DPO1, inappropriate use of overlay. • DPO1 requires EMP, however, is not a development requirement but a management tool. • DPO excludes third party review rights. Zone Changes Change Explanation Change Explanation MAPPING Rezone land from Rezone the following land Residential 1 Zone to from Residential 1 Zone to Low Density Low Density Residential Residential Zone Zone due to removal of DPO, to reflect the current subdivision pattern and development pattern: North of Ironstone Road and east of Myrtle Street; • CA1, Lot 2, No.60 and Part CA6 Weeks Road • 135, 159, 163, 169, 187 and 199 Ironstone Road • Part CA13 Myrtle Road

Eaglehawk / Myers Flat; • 173-189, 200-202 and 208-232 Loddon Valley Highway • 250 Sailors Gully Road • 1-7, 2-22 Dempsey

Table 1: Efficiency Review Table 2: Clean-up the scheme Street • 245 Thompsons Road • 2-6 Dalton Street • 6-12 Veale Street • 2-4, 28, 52, 54, 68-76 and 45-99 Williams Road (delete 28 Williams Road as proposes to be rezoned to RLZ with DPO26 under Amendment C89). • 20 and 73 Allies Road • 50-56 Lougoon Drive • (Delete 3-9, 17-21 Coakes Road as proposed to be rezoned to RLZ with DPO25 under Amendment C89). • 1-5 and 6 Durham Street • 4-8, 3-19 Hopkins Street • 10-20, 26-32, 31-35 McCormacks Road • 16-18 York Street • CA 133P Belmont Drive • 3-7, 6-8 Clarke Street • 2-8, 11, 13, 13A, 12, 16- 18 James Street • Delete 5 Midson Street because it is Crown land and already appropriated zoned PUZ7. Delete 10 Midson Street because it is proposed to be covered by VPO2 in Amendment C89 (not include in proposed mapping changes - map no. 061). Rezone land from Rezone the following land Residential 1 Zone to from Residential 1 Zone to Public Conservation and Public Conservation and Resource Zone Resource Zone to reflect the public ownership of the land: • Part 70 Morrison Street, Bendigo between Needlewood Drive and Wesley Street. Rezone land from Rezone the following land Residential 1 Zone to from Residential 1 Zone to Special Use Zone 3 Special Use Zone 3 (Television or Radio (Television or Radio): Station) • Part of 401 High Street, Golden Square Extension to the land use and developed by Radio 3BO Pty Ltd. Rezone land from Rezone the following land Industrial 1 Zone to from Industrial 1 Zone to

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Table 1: Efficiency Review Table 2: Clean-up the scheme Business 3 Zone Business 3 Zone to reflect the current use of the land: • 73 Short Street, Kangaroo Flat Rezone land from Rezone the following land Public Use Zone 4 from Public Use Zone 4 (Transport) to (Transport) to Residential 1 Residential 1 Zone Zone to reflect the current use and private ownership of the land: • Rear of 197-273 (not 275) King Street, Bendigo and adjacent to the railway line • 137-139 Wills Street, Bendigo Rezone land from Rezone the following land Public Use Zone 4 from Public Use Zone 4 (Transport) to Business (Transport) to Business 3 3 Zone Zone to reflect the use and private ownership of the land: • Part 70 Breen Street, Bendigo • 180, 180A and 182 Breen Street, Golden Square Reasons: • Properties are used and developed for commercial purposes. • Consistency with surrounding zone. Rezone land from Rezone the following land Residential 1 Zone to from Residential 1 Zone to Business 5 Zone Business 5 Zone to reflect the dominant use of the land for commercial purposes: • Rear of 166-172 High Street, Bendigo Rezone land from Rezone the following land Public Use Zone 1 from Public Use Zone 1 to (Service and utility) to Industrial 3 Zone to reflect Industrial 3 Zone the piping of the drainage line; • Part of 70 and 82-92 Harpin Street, Bendigo Rezone land from Rezone the following land Special Use Zone 1 from Special Use Zone 1 (Private educational or to Residential 1 Zone to religious institutions) to reflect the current use of Residential 1 Zone the land: • 66 Chapel Street, Bendigo Rezone land from Rear of 112 -118 Inglis Public Park and Street, West Bendigo. Recreation Zone to Low Reasons: Density Residential • Land is used by the

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Table 1: Efficiency Review Table 2: Clean-up the scheme Zone (shown as R1Z in Veteran Vintage and the review). Classic Car Club and developed with a large industrial type, storage shed. • LDRZ is consistent with abutting zone. Rezone land from Rezone the following land Public Conservation and from Public Conservation Resource Zone to Rural and Resource Zone to Rural Living Zone Living Zone to reflect the private ownership of the land and adjacent use: • 494 Tresize Track, Wellsford Rezone land from Rezone the following land Rezone the following land Public Use Zone 7 from Public Use Zone 7 from Public Use Zone 7 (Other public use) to (Other) to Residential 1 Zone (Other) to Residential 1 Residential 1 Zone to reflect the use and private Zone to reflect the use and ownership of the land: private ownership of the • 9-11 Watson Avenue, land: California Gully • 257, 259, part 261 and • 17-35 Poplar Street, part 265 Wattle Street, California Gully Ironbark. • Rear part of 13-15 Firth • 80, 86, 88 & 92 Street, California Gully Langston Street, • 1-5 Susan Street, Ironbark. Ironbark Corrects mapping • 96 High Street, anomaly. Eaglehawk Rezone land from Rezone the following land Residential 1 Zone to from Residential 1 Zone to Public Use Zone 7 Public Use Zone 7 (other (Other public use) public use) to reflect its public ownership: • 9-11 Firth Street, California Gully Rezone land from Rezone the following land Public Use Zone 7 from Public Use Zone 7 (Other public use) to (Other) to Public Park and Public Park and Recreation Zone to reflect Recreation Zone the current use of land: • Crusoe Heights Recreation Reserve, Bendigo Rezone land from Rezone the following land Public Use Zone 7 from Public Use Zone 7 (Other public use) to (Other) to Public Public Conservation and Conservation and Resource Resource Zone Zone to reflect the current use of the land: • Part 70 Morrison Street south of Needlewood Drive and north of Crusoe Road, Bendigo Rezone land from Rezone the following land Public Use Zone 3 from Public Use Zone 3 to (Health and Business 4 Zone to reflect Community) to the private ownership and

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Table 1: Efficiency Review Table 2: Clean-up the scheme Business 4 Zone current use of the land: • 9 Hunter Place, Heathcote Rezone land from Rezone the following land Special Use Zone 8 from Special Use Zone 8 (Showgrounds) to (Showgrounds) to Special Special Use Zone 6 Use Zone 6 (Tourism (Tourism facility) facility): • 76 Violet Street and part of 80 Creek Street North, Bendigo. ORDINANCE ORDINANCE Insert a new Schedule To reflect the existing to the Low Density minimum lot sizes Residential Zone provided in the current DPO3 and apply it as a schedule requirement of the LDRZ by applying a minimum subdivision area of: • 0.8ha for Epsom/Huntly corridor • 0.4ha and 1.0ha for North Huntly • 1.0ha for Huntly area • 1.0ha for Racecourse Road/Golf Course Road area • 1.0ha for Heinz Street and South area • 1.0ha for Junortoun area • 2.0ha for White Hills • 2.0ha for Heathcote area • 2.0ha for Strathfieldsaye • 2.0ha for Diamond Hill Road/Woodward Road area • 2.0ha for Edwards Road, One Tree Hill • 2.0ha for Mandurang; • 1.5ha and 2.0 for Eaglehawk/Myers Flat; and • 0.4ha for Ascot. Insert a new Schedule to Addition of a 10m and 50m the Rural Living Zone standard for a permit exemption for minimum setback from a boundary and a dwelling not in the same ownership, respectively Insert a new Schedule to Addition of a 100m2 standard

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Table 1: Efficiency Review Table 2: Clean-up the scheme the Rural Conservation for a permit exemption for Zone extensions to dwellings and agricultural buildings Insert a new Schedule to Addition of a 100m2 standard the Farming Zone for a permit exemption for extensions to dwellings and agricultural buildings Overlay Changes Change Explanation Change Explanation DEVELOPMENT PLAN OVERLAY - MAPPING Delete Development • Currently applies to all Plan Overlay 1 Rural Conservation and (Environmental Rural Living zoned land; Management Plans) • Inappropriate use of the DPO; • The need for an environmental management plan is to now be a requirement of the rural dwelling and rural subdivision local planning policies Amend Development • Delete DPO2 from land Plan Overlay 2 (Epsom already developed for and Ascot) residential purposes; • Retain DPO2 for those areas yet to be developed Delete Development • Currently applies to Plan Overlay 3 residential land with (Residential 1 Zone – further development Density Management potential but only areas) attempts to control lot size; • Inappropriate use of the DPO; • A minimum lot size control will be retained on land to be rezoned to the LDRZ in Eaglehawk/Myers Flat area; • A minimum lot size will be retained for Ascot (south of Ironstone Road) with the use of the Design and Development Overlay Control Delete Development • Currently applies to low Plan Overlay 4 (Low density residential land Density Residential with further Zone – Density development potential Management areas) but only attempts to control lot size; • Inappropriate use of the DPO; • A minimum lot size control will be retained

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Table 1: Efficiency Review Table 2: Clean-up the scheme in the LDRZ schedule for the Epsom/Huntly corridor, North Huntly, Huntly area, Racecourse Road/Golf Course Road area, Heinz Street and South area, Junortoun area, White Hills area, Heathcote area, Strathfieldsaye Road area, Diamond Hill Road/Woodward Road area, Edwards Road, One Tree Hill, Mandurang; • To avoid duplication with the Strathfieldsaye Incorporated Plan Overlay Amend Development • Delete DPO6 from Plan Overlay 6 Elmore, Raywood, (Townships) Goornong, Axedale, Mia Mia, Redesdale, Lockwood South, Knowsley and Costerfield. • Retain DPO6 for Marong • Inappropriate use of the DPO • Council can require a development plan at their own discretion Delete Development • DPO7 is redundant Plan Overlay 7 (Specimen Hill Industrial area) Delete Development • Land is now fully Plan Overlay 8 developed or guided by (Cassinia Drive a current planning Neighbourhood permit; Character Development • DPO8 is now redundant Plan) Delete Development • Land is already covered Plan Overlay 9 by density management (Junortoun Area) in Schedule to clause 35.06 (map 4) Delete Development • Land is now fully Plan Overlay 11 (Long developed or guided by Gully estate) a current planning permit; • DPO11 is now redundant Delete Development • Land is now fully Plan Overlay 12 developed or guided by (Woolstencraft Mews a current planning Neighbourhood) permit; • DPO12 is now redundant

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Table 1: Efficiency Review Table 2: Clean-up the scheme Delete Development • Land is now fully Plan Overlay 16 developed or guided by (Lansell Crest estate) a current planning permit; • DPO16 is now redundant Delete Development • Development plan Plan Overlay 18 approved and permit for (White Hills South - 30 lot subdivision Holdsworth Road) issued. VEGETATION PROTECTION OVERLAY - MAPPING Delete Vegetation To reflect the fully To reflect the fully Protection Overlay 2 developed nature of the land developed nature of the (Significant Vegetation) for residential purposes the land for residential VPO2 will be deleted from: purposes, the VPO2 is • 28 Druid Street, Golden proposed to be deleted Square from Edwina Court, Broad • Edwina Court, Spring Parade and Keogh Drive. Gully; • Broad Parade, Spring There is no native Gully; vegetation in Druid Street • 67-69 Keogh Drive, and it is proposed to Spring Gully; remove the mapping anomaly. HERITAGE OVERLAY - MAPPING Amend the Heritage • Delete HO50 from part The following changes are Overlay 96 Myrtle Road, Ascot; required to correct • Delete HO230 from mapping and ordinance 112-114 Pall Mall and anomalies: apply to 116 Pall Mall, • Delete HO6 from 104- Bendigo; 108 Garsed Street, • Delete HO448 from 316 Bendigo; MacKenzie Street and • Delete HO114 from apply to 318 MacKenzie 198 Don Street, Street, Golden Square; Bendigo and apply to • Delete HO452 from 27 206 Don Street, Panton Street, Golden Bendigo; Square and apply to 29 • Delete HO494 from 19 Panton Street, Golden Nettle Street, Ironbark Square; and apply to 50 Lilac Street, Ironbark; • Delete HO500 from 2 Webster Street, Ironbark and apply to 27, 29 & 31 Eaglehawk Road, Ironbark. DESIGN AND DEVELOPMENT OVERLAY - MAPPING Apply Design and Apply Design and Development Overlay 7 Development Overlay 7 (Ascot) (Ascot) to land in the

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Table 1: Efficiency Review Table 2: Clean-up the scheme following streets in Ascot: • Melita Court; • Peake Court; • Forest Drive; • Conboy Street; • Cedar Drive; • Nation Court; • Cahills Road; • Ash Court; • Fairway Drive; • Christovic Place; • Tchumlock Court; • Corella Court; • 119-133, 130-162 Taylor Street; and • 85-107 and 62-112 Strickland Street OTHER OVERLAYS - MAPPING Apply the Apply the Neighbourhood Neighbourhood Character Overlay 1 Character Overlay 1 (Bendigo Early Settlement (Bendigo Early Residential Character) to Settlement Residential reflect current use of land: Character) • 257, 259, part 261 and part 265 Wattle Street, Ironbark. Land is use and developed for residential purposes and privately owned. The NCO is required for consistency with the area. NB It is not proposed to apply the NCO to 80, 86, 88 & 92 Langston Street, Ironbark which is outside the NCO boundary. Apply the Apply the Environmental Environmental Audit Audit Overlay to 17-35 Overlay Poplar Street, California Gully for the following reasons: • The land is zoned R1Z, however, it contains mine tailings. • The purpose of the zone is to provide for residential development. • It is not proposed to rezone the land, however, it has been used for an industrial purpose and in the future may be developed for a sensitive use. • A tentative plan of

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Table 1: Efficiency Review Table 2: Clean-up the scheme subdivision for 8 residential lots was tabled at a pre- application meeting (no application has yet been lodged). • The EAO is an appropriate trigger mechanism for considering an application on potentially contaminated land. ORDINANCE Amend Significant Add an exemption for non- Landscape Overlay 1 native species and exotic species. Amend the schedule to • Amend address of HO50 • Correct address of the Heritage Overlay to ‘Part 96 Myrtle Road, HO114 to ‘206 Don Ascot’; Street, Bendigo’; • Correct address of • Correct address of HO209 to ‘41-43 HO494 to ‘50 Lilac Mundy Street, Bendigo’ Street, Ironbark’ and (shown incorrectly as description to HO47 in the Efficiency ‘Building, gardens and Review). trees’; • Correct address of • Correct address of HO230 to ‘116 Pall HO500 to ‘27, 29 & Mall, Bendigo’; 31 Eaglehawk Road, • Correct address of Ironbark’ and HO232 to ‘89 Queen description to ‘3 Street, Bendigo’; Attached Buildings’. • Corrects address of HO448 to ‘318 Mackenzie Street, Golden Square’; • Correct spelling of ‘historic’ in HO 662 Introduce Design and Translate the minimum lot Development Overlay 7 size control of 1500m2 from (Ascot) the DPO3 Amend Development Amend clause 2 – conditions Plan Overlay 6 and requirements for permits (Townships)

End of Document

28

Planning and Environment Act 1987

GREATER BENDIGO PLANNING SCHEME

AMENDMENT C109

The planning authority for this amendment is City of Greater Bendigo.

The Greater Bendigo Planning Scheme is amended as follows:

Planning Scheme Maps

The Planning Scheme Maps are amended by a total of 68 attached maps:

Zoning Maps

1. Planning Scheme Map No’s. 13, 14, 17, 18, 19, 21, 22, 23, 26, 31 and 44 are amended in the manner shown on the attached 12 maps marked “Greater Bendigo Planning Scheme, Amendment C109”. Overlay Maps

2. Planning Scheme Map No’s. 16HO, 18HO, 19HO, 22HO and 23HO are amended in the manner shown on the attached 10 maps marked “Greater Bendigo Planning Scheme, Amendment C109”.

3. Planning Scheme Map No’s. 16DDO is amended in the manner shown on the attached map marked “Greater Bendigo Planning Scheme, Amendment C109”.

4. Planning Scheme Map No’s. 6DPO, 12DPO, 15DPO, 16DPO, 18DPO, 19DPO, 20DPO, 22DPO, 23DPO, 24DPO and 34DPO are amended in the manner shown on the attached 11 maps marked “Greater Bendigo Planning Scheme, Amendment C109”.

5. Delete Planning Scheme Map No. 1DPO, 2DPO, 3DPO, 4DPO, 7DPO, 8DPO, 9DPO, 11DPO, 13DPO, 14DPO, 17DPO, 21DPO, 25DPO, 26DPO, 27DPO, 28DPO, 29DPO, 30DPO, 31DPO, 32DPO, 33DPO, 35DPO, 36DPO, 37DPO, 38DPO, 39DPO, 40DPO, 41DPO, 42DPO, 43DPO, 44DPO and 45DPO are amended in the manner shown on the attached 32 maps marked “Greater Bendigo Planning Scheme, Amendment C109”.

6. Planning Scheme Map No. 18NCO is amended in the manner shown on the attached map marked "Greater Bendigo Planning Scheme, Amendment C109".

7. Planning Scheme Map No. 18EAO is amended in the manner as shown on the attached map marked "Greater Bendigo Planning Scheme, Amendment C109".

Planning Scheme Ordinance

The Planning Scheme Ordinance is amended as follows: 8. In Local Planning Policy Framework – replace Clause 21.10 with a new Clause 21.10 in the form of the attached document.

9. In Local Planning Policy Framework – replace Clause 22.02 with a new Clause 22.02 in the form of the attached document.

10. In Zones – Clause 32.03, replace the schedule with a new schedule in the form of the attached document.

11. In Zones – Clause 35.03, replace the schedule with a new schedule in the form of the attached document.

12. In Zones – Clause 35.06, replace the schedule with a new schedule in the form of the attached document.

13. In Zones – Clause 35.07, replace the schedule with a new schedule in the form of the attached document. 14. In Overlays – Clause 42.03, replace Schedule 1 with a new Schedule 1 in the form of the attached document. The details of the changes are as follows: • Subclause 3 has been amended and renumbered subclauses 3, 4 and 5. • Subclause 4 has been renumbered to subclause 6.

15. In Overlays – Clause 43.01, replace the schedule with a new schedule in the form of the attached document.

16. In Overlays – following Clause 43.02, insert a new Schedule 7 in the form of the attached document.

17. In Overlays - Clause 43.03, replace Schedule 1 with a new Schedule 1 in the form of the attached document.

18. In Overlays – Clause 43.04, delete Schedules 1, 4, 7, 8, 9, 11, 12, 16 and 18.

19. In Overlays – Clause 43.04, replace Schedule 6 with a new Schedule 6 in the form of the attached document. The details of the changes are as follows:

• Subclause 2 has been amended.

20. In General Provisions – Clause 61.03, replace the schedule with a new schedule in the form of the attached document.

End of document

Amendment C109 List of changes to the Greater Bendigo Planning Scheme

Clause / Map Change Comment Numbers

PLANNING SCHEME MAP CHANGES Zones 13, 14, 17, 18, 19, Amend Planning Scheme Map Nos. 13, 14, 17, 18, 19, 21, 22, 23, 26, 31 and 44 as shown on the attached 12 Implements recommendations from the 21, 22, 23, 26, 31 maps marked “Greater Bendigo Planning Scheme, Amendment C109”. Efficiency Review of the Greater and 44 Bendigo Planning Scheme 2008 Overlays 16HO, 18HO, Amend Planning Scheme Map No’s. 16HO, 18HO, 19HO, 22HO, 23HO, 16DDO, 6DPO1, 12DPO, 15DPO, Implements recommendations from the 19HO, 22HO, 16DPO, 18DPO, 19DPO, 20DPO, 22DPO, 23DPO, 24DPO, 34DPO, 18NCO and 18EAO as shown on the Efficiency Review of the Greater 23HO, 16DDO, attached 24 maps marked “Greater Bendigo Planning Scheme, Amendment C109”. Bendigo Planning Scheme 2008 6DPO1, 12DPO, 15DPO, 16DPO, 18DPO, 19DPO, 20DPO, 22DPO, 23DPO, 24DPO, 34DPO, 18NCO and 18EAO 1DPO, 2DPO, Delete Planning Scheme Map No’s. 1DPO, 2DPO, 3DPO, 4DPO, 7DPO, 8DPO, 9DPO, 11DPO, 13DPO, Implements recommendations from the 3DPO, 4DPO, 14DPO, 17DPO, 21DPO, 25DPO, 26DPO, 27DPO, 28DPO, 29DPO, 30DPO, 31DPO, 32DPO, 33DPO, Efficiency Review of the Greater 7DPO, 8DPO, 35DPO, 36DPO, 37DPO, 38DPO, 39DPO, 40DPO, 41DPO, 42DPO, 43DPO, 44DPO and 45DPO as shown Bendigo Planning Scheme 2008 9DPO, 11DPO, on the attached 32 maps marked “Greater Bendigo Planning Scheme, Amendment C109”. 13DPO, 14DPO, 17DPO, 21DPO, 25DPO, 26DPO, 27DPO, 28DPO, 29DPO, 30DPO, 31DPO, 32DPO, 33DPO, 35DPO, 36DPO, 37DPO,

Clause / Map Change Comment Numbers

38DPO, 39DPO, 40DPO, 41DPO, 42DPO, 43DPO, 44DPO and 45DPO LOCAL PLANNING POLICY FRAMEWORK 21.10 Following Clause 21.09, replace Clause 21.10 with a new Clause 21.10 in accordance with Attachment 1. • Deletes the Mandurang Valley Outline Development Plan, 1993, as a reference document in the planning scheme. • Inserts the adopted version of the East Bendigo Local Structure Plan, as a reference document in the planning scheme. • Corrects the date of the Commercial Land Strategy, as a reference document in the planning scheme 22.02 Following Clause 22.01, replace Clause 22.02 with a new Clause 22.02 in accordance with Attachment 2 Inserts a new requirement for an environmental management plan in the rural dwellings policy ZONES 32.03 Following Clause 32.03, replace the Schedule with a new Schedule in accordance with Attachment 3. Introduces a new schedule to the Low Schedule Density Residential Zone with minimum subdivision lots sizes for various areas 35.03 Following Clause 35.03, replace the Schedule with a new Schedule in accordance with Attachment 4. Introduces an exemption for a dwelling Schedule extension of less than 100m2 and setback requirements.

35.06 Following Clause 35.06, replace the Schedule with a new Schedule in accordance with Attachment 5. Introduces an exemption for a dwelling Schedule extension and agricultural building extension of less than 100m2 35.07 Following Clause 35.07, replace the Schedule with a new Schedule in accordance with Attachment 6. Introduces an exemption for a dwelling Schedule extension and agricultural building

Clause / Map Change Comment Numbers

extension of 100m2 OVERLAYS 42.03 Following clause 2 of 42.03-1, amend subclause 3 and renumber subclauses 4, 5 and 6 as follows: Amends Schedule 1 to exempt non- Schedule 1 native and exotic vegetation from the “3.0Permit requirement need to obtain a permit.

A permit is not required to construct a building or carry out works provided all the following requirements are met:

ƒ The total area of all buildings and hard surfaced and impervious areas (including driveways, tennis courts and swimming pools) at ground level is less than 40 per cent of the site; and

ƒ The building or works are not under the canopy of a tree which is 5 metres or more in height. A permit is required to construct a fence. This does not apply if the fence is of post and wire construction up to 1.5 metres in height. A permit is required to remove, destroy or lop any native vegetation. This does not apply: ƒ If the lopping of vegetation is undertaken to assist its regeneration.

ƒ If the vegetation is not native to Victoria or an exotic species.

4.0Application requirements

An application to remove native vegetation must: ƒ Indicate the total extent of native vegetation on the site and adjacent to the site, the extent of proposed clearing on the site, the location of any river, stream, watercourse, wetland or channel on the site, and if relevant the location of areas with a slope exceeding 25%. ƒ Explain the purpose of the proposed clearing. ƒ Demonstrate that the removal, destruction or lopping of remnant native vegetation has been minimised as far as is reasonable and practicable. ƒ Specify proposals for revegetation following disturbance, or revegetation of an alternate site,

Clause / Map Change Comment Numbers

including proposed species and ground stabilisation. ƒ If the area proposed for clearing exceeds 0.4 ha: include a report on the vegetation and habitat significance of the area to be cleared, to the satisfaction of the responsible authority and the Department of Sustainability and Environment.

5.0 Referral/Notification

The responsible authority may seek the comments of the Department of Sustainability and Environment in relation to an application.

6.0 Decision guidelines

Before deciding on an application, the responsible authority must consider, as appropriate: ƒ The objectives and recommendations of the Greater Bendigo Residential Character Study 2001 where applicable. ƒ Any other design and siting guidelines adopted by the responsible authority and any variations that may be made to these. ƒ The need to screen buildings and structures to maintain the character of the area. ƒ The role of the vegetation in contributing to the character and appearance of the area. ƒ The need to retain remnant vegetation and conserve flora and fauna habitats including habitat corridors and biolinks. ƒ The significance of the vegetation in terms of physical condition, rarity and variety. ƒ The purpose of removal, destruction or lopping of vegetation and alternative ways of carrying out development on the site. ƒ The effect of removal, destruction or lopping of native vegetation on resident and migratory fauna, and the need to retain trees (living and dead) with hollows for habitat value.

Clause / Map Change Comment Numbers

ƒ Impacts on soil, water, flora, fauna, air and ecosystems. ƒ The future use and development of the land and whether it is appropriate to include conditions requiring planting, replanting or other treatment of any part of the site. ƒ Any comments from the Department of Sustainability and Environment.

Reference Documents

City of Greater Bendigo Residential Character Study 2001, including the Neighbourhood Character Precinct brochures.” 43.01 Following HO33, insert the following: Makes corrections to spelling and land Schedule HO50, Part 96 Myrtle Road, Ascot, Palms and Building, Yes, No, Yes, No, No ,No, No, No descriptions in the Schedule to the Heritage Overlay. Following HO113, insert the following: HO114, 206 Don Street, Bendigo, Deodar Cedar (Cedrus Deodara), Trachycarpus sp, Petticoat or Desert fan palm (Washington Filiferia) & 2– Norfolk Island Pines (Araucaria heterphylla), No, No, Yes, No ,No, No, No, No

Following HO208, insert the following: HO209, 41-43 Mundy Street, Bendigo, YMCA Building, Yes, No, No, No, No, No, No, No

Following HO229, insert the following: HO230, 116 Pall Mall, Bendigo, Court House Hotel (former), Yes, No, No, No, No, No, No, No

Following HO231, insert the following: HO232, 89 Queen Street, Bendigo, Building, Yes, No, No, No, No, No, No, No

Following HO447, insert the following: HO448, 318 Mackenzie Street, Golden Square, Dunmore building Yes, No, No, No, No, No, No, No

Following HO493, insert the following: HO 494, 50 Lilac Street, Ironbark, Building, gardens and trees, Yes, No, Yes, No, No, No, No, No

Clause / Map Change Comment Numbers

Following HO499, insert the following: HO500, 27, 29 & 31 Eaglehawk Road, Ironbark, 3 Attached Building, Yes, No, No, No, No, No, No, No

Following HO661, insert the following: HO662, 624 Three Chain Road, Sebastian, Frederick The Great Historic Area, Frederick the Great Mine & Cyanide Works, No, No, No, No, No, No, No, No 43.02 Following Schedule 6 to Clause 43.02, insert a new Schedule 7 in accordance with Attachment 7. Introduces a DDO to control lot size Schedule 7 for land at Ascot. 43.03 In Schedule 1 to Clause 43.03, amend subclause 1.0 as follows: Amends Schedule 1 to enable council Schedule 1 to consider an application if reticulated “1.0 Conditions and requirements for permits sewerage is not available.

ƒ All development must be generally in accordance with the Strathfieldsaye Township Structure Plan 2001 (Revised April 2006).

ƒ All residential and commercial development must be provided with reticulated services, where available. Where reticulated sewerage infrastructure cannot be provided, soil and water reports must be submitted demonstrating compliance with State and Local policies on effluent and stormwater disposal.

ƒ All development must be serviced with sealed roads or an alternative all weather treatment to the satisfaction of the responsible authority.” 43.04 Following Clause 43.04, delete Schedules 1, 4, 7, 8, 9, 11, 12, 16 and 18. Implements recommendations from the Schedules 1, 4, 7, Efficiency Review of the Greater 8, 9, 11, 12, 16 and Bendigo Planning Scheme 2008. 18 43.04 In Schedule 6 to Clause 43.04, amend subclause 2 as follows: Amends Schedule 6 to enable council Schedule 6 “2.0 Conditions and requirements for permits to consider an application if reticulated sewerage is not available. All township development must be serviced with reticulated water and underground, reticulated electricity where available. Where reticulated sewerage infrastructure cannot be provided soil and water reports must be submitted demonstrating:

Clause / Map Change Comment Numbers

ƒ Compliance with State and Local policies on effluent and stormwater disposal.

ƒ That soil type and environmental conditions within the catchment can treat the number of proposed effluent disposal systems both from the site and those within the surrounding area. ƒ All township development must be serviced with sealed roads or an alternative all weather treatment to the satisfaction of the responsible authority.” GENERAL PROVISIONS 61.03 Following Planning Scheme Map No. 1VPO delete Map No. 1DPO. Deletes 32 planning scheme maps in Schedule Following Planning Scheme Map No. 2HO delete Map No. 2DPO. the Greater Bendigo Planning Scheme. Following Planning Scheme Map No. 3HO delete Map No. 3DPO. Following Planning Scheme Map No. 4HO delete Map No. 4DPO. Following Planning Scheme Map No. 7HO delete Map No. 7DPO. Following Planning Scheme Map No. 8HO delete Map No. 8DPO. Following Planning Scheme Map No. 9HO delete Map No. 9DPO. Following Planning Scheme Map No. 11ESO delete Map No. 11DPO. Following Planning Scheme Map No. 13HO delete Map No. 13DPO. Following Planning Scheme Map No. 14HO delete Map No. 14DPO. Following Planning Scheme Map No. 17IPO delete Map No. 17DPO. Following Planning Scheme Map No. 21VPO delete Map No. 21DPO. Following Planning Scheme Map No. 25IPO delete Map No. 25DPO. Following Planning Scheme Map No. 26HO delete Map No. 26DPO. Following Planning Scheme Map No. 27HO delete Map No. 27DPO. Following Planning Scheme Map No. 28IPO delete Map No. 28DPO. Following Planning Scheme Map No. 29VPO delete Map No. 29DPO. Following Planning Scheme Map No. 30VPO delete Map No. 30DPO. Following Planning Scheme Map No. 31DDO delete Map No. 31DPO. Following Planning Scheme Map No. 32HO delete Map No. 32DPO. Following Planning Scheme Map No. 33IPO delete Map No. 33DPO. Following Planning Scheme Map No. 35HO delete Map No. 35DPO. Following Planning Scheme Map No. 36VPO delete Map No. 36DPO. Following Planning Scheme Map No. 37VPO delete Map No. 37DPO. Following Planning Scheme Map No. 38HO delete Map No. 38DPO. Following Planning Scheme Map No. 39DDO delete Map No. 39DPO. Following Planning Scheme Map No. 40VPO delete Map No. 40DPO.

Clause / Map Change Comment Numbers

Following Planning Scheme Map No. 41HO delete Map No. 41DPO. Following Planning Scheme Map No. 42ESO delete Map No. 42DPO. Following Planning Scheme Map No. 43HO delete Map No. 43DPO. Following Planning Scheme Map No. 44HO delete Map No. 44DPO. Following Planning Scheme Map No. 45SLO delete Map No. 45DPO. LIST OF AMENDMENTS (Information to accompany amendment) List of Insert: Updates list of amendments Amendments Amendment number “C109”, in operation from, DATE with the brief description. “Implements the recommendations of the Efficiency Review of the Greater Bendigo Planning Scheme 2008 by correcting zone and overlay anomalies, updating clause 21.10, amending clause 22.02, amending the schedules to the Low Density Residential Zone, Rural Living Zone, Rural Conservation Zone and Farming Zone, amending the schedules to the Significant Landscape Overlay and Heritage Overlay, introducing a new Schedule 7 to the Design and Development Overlay to land at Ascot, amending Schedule 1 the Incorporated Plan Overlay, deleting Schedules 1, 4, 7, 8, 9, 11, 12, 16 and 18 to the Development Plan Overlay, removing the Development Plan Overlays from affected land and rezoning residential land at Myers Flat/Eaglehawk and Ascot to the Low Density Residential Zone as a consequence of deleting the schedules, amending Schedule 6 to the Development Plan Overlay, applying Schedule 1 to the Neighbourhood Character Overlay to 257, 259, part of 261 and part of 265 Wattle Street, Ironbark and applying the Environmental Audit Overlay to 17-35 Poplar Street, California Gully.”