GREATER BENDIGO PLANNING SCHEME AMENDMENT C51

ADVISORY COMMITTEE PANEL REPORT

JUNE 2006

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51

ADVISORY COMMITTEE AND PANEL REPORT

LAWRIE GROOM, CHAIR

EUGENE KNEEBONE, MEMBER

HELEN MURPHY, MEMBER

JUNE 2006

TABLE OF CONTENTS

SUMMARY ...... 1

1. WHAT IS PROPOSED? ...... 4 1.1 THE ADVISORY COMMITTEE AND PANEL ...... 4 1.2 PUBLIC HEARINGS & PARTIES TO THE HEARINGS ...... 4

2. THE AMENDMENT...... 7 2.1 THE EXHIBITED AMENDMENT ...... 7 2.2 DEVELOPMENT OF THE AMENDMENT, EXHIBITION & CONSULTATION ...... 7 2.3 MODIFICATIONS TO THE AMENDMENT...... 9 2.4 SUBMISSIONS & ISSUES ...... 9

3. EAST BENDIGO LOCAL STRUCTURE PLAN...... 12 3.1 INTRODUCTION ...... 12 3.2 DEVELOPMENT OF THE REVISED EAST BENDIGO LOCAL STRUCTURE PLAN ...... 12 3.3 POLICY CONTEXT...... 13 3.4 MODIFICATIONS TO THE LOCAL STRUCTURE PLAN ...... 18 3.5 PROVISION OF INFRASTRUCTURE...... 22 3.6 EAST BENDIGO LINK ROAD...... 23 3.7 FINDINGS...... 31 3.8 RECOMMENDATIONS ...... 32

4. IMPACT OF THE STRUCTURE PLAN ON THE ENVIRONMENT ...... 33 4.1 INTRODUCTION ...... 33 4.2 POLICY FRAMEWORK...... 36 4.3 FINDINGS...... 43 4.4 RECOMMENDATION ...... 44

5. LAND USE PROPOSALS ...... 45 5.1 INTRODUCTION ...... 45 5.2 PART AREA 1...... 45 5.3 PART AREA 1...... 46 5.4 AREA 2...... 48 5.5 AREA 3...... 53 5.6 AREA 4...... 54 5.7 AREA 5...... 61 5.8 AREA 6...... 62 5.9 AREA 7...... 62 5.10 COUNCIL LAND NORTH OF THE FOOD MANUFACTURING PRECINCT...... 64 5.11 O’KEEFE RAIL TRAIL ...... 66 5.12 LOT 1 LP 144759, KNOWN AS 39 PRATTS PARK ROAD ...... 67

6. EAST BENDIGO INDUSTRIAL PRECINCT LOCAL PLANNING POLICY...... 68 6.1 INTRODUCTION ...... 68 6.2 FINDINGS...... 68 6.3 RECOMMENDATION ...... 68

7. CONCLUSIONS ...... 70 7.1 INTRODUCTION ...... 70 7.2 NET COMMUNITY BENEFIT AND SUSTAINABILITY ASSESSMENT...... 71 7.3 NET POSITION – THE COMMITTEE’S OVERALL FINDINGS & CONCLUSIONS...... 73 7.4 RECOMMENDATION ...... 73

8. RECOMMENDATIONS...... 74

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006

APPENDICES

A. SUBMISSIONS

B. LIBRARY OF WRITTEN SUBMISSIONS & OTHER DOCUMENTS

C. REFERENCES AND PLANS

D. PLAN OF ALTERNATIVE REVISED LINK ROAD AND NEW COLLECTOR ROAD IN SOUTHERN PORTION OF PRECINCT

E. CHECK LIST FOR STRATEGIC ASSESSMENT GUIDELINES AND TERMS OF REFERENCE

TABLE OF FIGURES

Figure 1 Summary of issues ...... 10 Figure 2 Road Network Improvement Option Recommended in the Bendigo 2020 Transportation Study ...... 25 Figure 3 Committee’s Assessment of the Scope of the Environmental Report ...... 42

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 1

SUMMARY

Lawrie Groom (Chair), Eugene Kneebone and Dr Helen Murphy were appointed in December 2005, as an Advisory Committee and Panel under the Planning and Environment Act 1987 to consider and hear submissions and to assess the findings of an Environmental Report, the revised East Bendigo Local Structure Plan, and to prepare a report on Amendment C51 to the Greater Bendigo Planning Scheme.

The Amendment was prepared by the Greater Bendigo City Council and concerns a proposal to rezone land in East Bendigo, insert a new Local planning policy in the Planning Scheme and add the East Bendigo Structure Plan to the list of reference documents in the Scheme.

The East Bendigo Local Structure Plan was developed from one of the findings of the Bendigo Industrial Land Strategy (2002), which states “The preparation of a detailed Local Structure Plan is required to articulate and document the future of the [East Bendigo industrial] precinct”.

The Committee inspected the area on several occasions. It also undertook a conducted inspection on 6 February 2006 to which an invitation to all parties to the Hearing was extended and accepted by representatives of Council, the Bendigo & District Environment Council, Mr and Mrs Bicket and Ms Tripp.

The Committee was assisted by an expert witness, Mr Mark Trengove, botanical consultant, Mark Trengove Ecological Services, who wrote and presented a report entitled Modified Vegetation Assessment (April 2005). This report was revised at the request of the Committee into a replacement report entitled Vegetation Assessment (2006). The Committee used the all-embracing term “Environmental Report” in its assessment of these documents.

The Committee considered all 73 submissions referred to it by the Council and heard supporting presentations at the public Hearing in February and May 2006 from Council, the Department of Sustainability & Environment, VicRoads, the Bendigo Manufacturing Group, the Bendigo & District Environment Council Inc., Mr John and Mrs Dorothy Bicket (represented by Mr Adrian Cummins, licensed surveyor, Adrian Cummins & Associates Pty Ltd) and Ms Jane Tripp (assisted by Mr Ian Martin).

The matters considered by the Committee were complicated and some time was taken understanding the many changes to the local structure plan.

The Committee provided extra time for Mr Trengove to undertake a reassessment of his findings (with input from the Department of Sustainability & Environment), and for the Department and Council to provide advice on the need for Planning Scheme Overlays recommended by the Department on land proposed to be rezoned in the Amendment. Council and the Department were also requested to consider the possibility of rezoning Council owned land, north of the Food Manufacturing Precinct, to Public Park and Recreation Zone.

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The Committee also requested the Council and VicRoads to address a number of matters, including the preferred route and alignment of the proposed East Bendigo Link Road and the timing of public infrastructure works foreshadowed in the revised East Bendigo Local Structure Plan.

These matters were considered by Council at a Special meeting on 14 March, an Ordinary meeting on 19 April, and at another Special meeting held on 26 April 2006. As a consequence Council decided to amend the alignment of the Link Road to retain the Outer Box network south of the intersection of Rohs Road and Victa Road. The Committee supports this outcome.

The Committee believes that Council should consider the need for Environmental Management Plans and noise attenuation measures to be undertaken in sections of the proposed arterial route.

The Committee has recommended that Council considers the use of native vegetation planning tools in the Scheme to address ongoing native vegetation issues in the area, including, Property Vegetation Plans, Works Programs and through the introduction of another amendment, Native Vegetation Precinct Plans; the Committee considers that Council should consider use of these instruments in the further design of the road alignment and in the planning of areas such as the Transport Logistics Precinct.

The Environmental Report outlines the conservation significance of 35 sites which will assist and guide Council and VicRoads in the subsequent alignment of the Outer Box and Link Road.

The Committee has found that the Environmental Report supplemented by information available through the ECC Box-Iron Bark Forests and Woodlands Investigation Final Report has identified the potential impacts of the Amendment and the LSP on both remnant vegetation and relevant Regional Park values.

The Environmental Report also provides an indication of management and mitigation measures in terms of net gain offsets, however, Council will need to undertake further discussions with the Department to ensure that the principles of avoid, minimise and/or offsets have been adopted prior to the finalisation of the Outer Box alignment.

The Committee accepted Council advice on the social and economic benefits of the Amendment and LSP, and agrees that the proposals should promote economic development and improve local employment opportunities.

In terms of the exhibited Amendment and Local Structure Plan the Committee has recommended: ƒ That the Amendment be adopted subject to the modifications set out in this report; ƒ That the revised East Bendigo Local Structure Plan be further revised and rewritten to reflect the matters discussed in this report (as well as issues raised by the Department) before it is approved; ƒ That a modified East Bendigo Local Policy be adopted; ƒ That a number of the exhibited rezonings be adopted, although the Committee has recommended modifications to some proposals;

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ƒ That the 27 ha of forested Council land off Victa Road, north of the Food Manufacturing Precinct, Wellsford be rezoned to Public Use Zone 6 – Local Government, and that the existing Development Plan Overlay together with the incorporated Schedule 1, be deleted, and that Council enters into a covenant with the Victorian Trust for Nature, pursuant to the Victorian Conservation Trust Act 1972, to protect and enhance its natural, cultural and scientific values; ƒ That Council works with the Department of Sustainability and Environment, and Parks Victoria on the future management and shape of the 6.5 ha Crown land gravel quarry site, north of Heywood Road, East Bendigo to ensure that it is suitable for public recreation and open space, and possible link with the Chinese Diggings Historic Reserve; and ƒ That Council includes the O'Keefe Trail as a proposed linear public open space reserve in the Local Structure Plan, and considers rezoning the trail to Public Park and Recreation Zone in a future amendment to the Scheme.

The Committee has recommended what it believes is the preferred net outcome of the Amendment assessed in a policy context that has integrated the whole range of applicable policies and balanced conflicting policies in favour of a net community benefit and sustainable development. To focus on one policy outcome to the exclusion of others fails to recognise this balancing exercise. The Committee believes the modified Amendment will implements the objectives of planning and that the LSP, if rewritten in terms of the recommendations of the Committee, will be consistent with planning policy.

The overall benefits of the Committee’s recommendations strongly outweigh the disbenefits, and will provide a solution that is in the best interests of the whole community, as well as fulfilling the objectives and requirements of the Act. The Committee has also suggested measures to address some of the identified disbenefits of the Amendment.

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1. WHAT IS PROPOSED?

1.1 THE ADVISORY COMMITTEE AND PANEL

Lawrie Groom (Chair), Eugene Kneebone (Member) and Dr Helen Murphy (Member) were appointed on 5 December 2005, as an Advisory Committee and Panel under the Planning and Environment Act 1987 (the Act).

The Advisory Committee was appointed pursuant to section 151 of the Act to assess the findings of a document known as the Environmental Report and the contents of the revised East Bendigo Local Structure Plan. The Committee was issued with Terms of Reference signed by the Minister for Planning on 10 November 2005.

The Panel was appointed pursuant to sections 153 and 155 of the Act to consider and hear submissions and to prepare a report on Amendment C51 to the Greater Bendigo Planning Scheme (the Scheme). Section 12 of the Act provides that in preparing an Amendment, a planning authority (Council and by implication a Panel) must have regard to the Minister’s Directions, the Victoria Planning Provisions, and to any municipal strategic statement, strategic plan, policy statement, code or guideline which forms part of the scheme.

The task of the Advisory Committee and Panel (the Committee) is to assess the Amendment in terms of the Act and planning policy and integrate the range of policies relevant to the issues and balance conflicting objectives in favour of net community benefit and sustainable development. In undertaking this work, the Committee assessed the findings of the Environmental Report and the contents of the revised East Bendigo Local Structure Plan (and subsequent revisions of these documents) and used these assessments to inform it of the merits of the Amendment.

The Amendment was prepared by the planning authority, Greater Bendigo City Council (Council) and concerns a proposal to rezone land in East Bendigo, insert a new Local planning policy in the Scheme and add the East Bendigo Structure Plan to the list of reference documents in the Scheme.

1.2 PUBLIC HEARINGS & PARTIES TO THE HEARINGS

The Committee conducted a Directions Hearing on 20 January 2006, and the public Hearing of submissions was held on 6, 7 and 13 February, in the meeting room, first floor, council offices, City of Greater Bendigo, Lyttleton Terrace, Bendigo. The Committee held a further Hearing in Bendigo on 4 May 2006, to consider a reassessment of the environmental research, additional information and submissions from Council, the Department Sustainability & Environment, and VicRoads, as well as matters resolved by Council at a Special meeting on 14 March, an Ordinary meeting on 19 April, and at another Special meeting held on 26 April 2006.

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There were several parties to the Hearing: Mr Andrew Cockerall, Senior Strategic Planner assisted by Ms Lindy Wilson, Research Officer, Strategic Planning Unit, represented the Council. Mr Jeff Bothe, Industry Development Officer, Mr Brett Martini, Manager Asset Planning & Design, Mr Ian Frost, Design Engineer, and Mr Jos Duivenvoorden, Director Presentation & Assets also made submissions to the Committee on behalf of the Council.

The Department of Sustainability & Environment (the Department) (Submissions 20, 49, 70, and Late Submission) was represented by Ms Amanda Fleming, Planning Referral Co-ordinator and Ms Andrea Keleher, Native Vegetation Officer. These officers from the North West Regional Office presented the consolidated views of the Department (but not including the Planning & Development unit), the Department of Primary Industries, and Parks Victoria on legislative and policy issues for which the Minister for Environment is responsible. Ms Fleming, Ms Fiona Murray and Mr David Johnson of the Department attended the Directions hearing.

VicRoads (Submissions 36 & 72) was represented by Mr Ian Holmes, Manager Program Development and Mr Len Hall, Senior Project Planning Officer, Northern Region.

The Bendigo Manufacturing Group (BMG) (Submission 53) was represented by Mr Neil Sammons (Chair) and Mr Barry Ellis.

The Bendigo & District Environment Council Inc. (the Environment Council) (Submissions 12, 61 & 68) was represented by Mr Stuart Fraser (Convenor), Mr Rod Orr, and Mr Stanislaw Peleznski.

Mr John and Mrs Dorothy Bicket (Submissions 50 & 59) were represented by Mr Adrian Cummins, licensed surveyor, Adrian Cummins & Associates Pty Ltd.

There was also a presentation to the Committee by Ms Jane Tripp, who was assisted by Mr Ian Martin (Submissions 44 & 69).

The Committee was assisted by an expert witness, Mr Mark Trengove, botanical consultant, Mark Trengove Ecological Services, who wrote and presented a report entitled Modified Vegetation Assessment (April 2005), known as the Environmental Report. This report was revised at the request of the Committee into a replacement report entitled Vegetation Assessment (March 2006), together with further replacement pages 47 & 48 circulated by Council on 18 April 2006. The Committee used the all- embracing term “Environmental Report” in its assessment of these documents.

The Committee, with representatives of Council, the Environment Council, Mr and Mrs Bicket, and Ms Tripp, undertook a conducted inspection of the area on 6 February 2006 to which an invitation to all parties to the Hearing was extended. The Committee also undertook its own inspections on 20 January 2006, and after the conclusion of some of the Hearing days.

The Committee considered all 73 submissions referred to it by the Council and the list of submissions referred to the Committee is contained in Appendix A. Council also provided the Committee with letters dated 21 April 2006 from Leon M Scott, Director, Mayfair Park Industrial Estate, and one dated 26 April 2006 from R & D Borserio,

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KCH Paver & Garden Supplies; these letters, however, were not referred to the Committee as Late Submissions, pursuant to sections 23 & 24 of the Act.

The Committee’s Terms of Reference required it to retain a library of any written submissions or other supporting documentation provided to it and to make it available for public inspection up to the end of its last Hearing date. The Committee instructed the Council to prepare a library of written submissions and other documents and to place copies of the library for public inspection from Thursday, 19 January 2006, up to the end of the last Hearing date on the ‘documents table’ (during the public Hearing), and at the City of Greater Bendigo’s Planning Department, the Economic Development Unit, and at the Hargreaves Street public library. A list of these documents is included in Appendix B.

The Committee consulted a number of reports and other documents and a list of these references is included in Appendix C.

The next section of this report addresses the nature and background of the Amendment.

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2. THE AMENDMENT

2.1 THE EXHIBITED AMENDMENT

The Amendment, when it was first exhibited in 2003, proposed to introduce the East Bendigo Local Structure Plan (February 2003) as a reference document in clause 21.07 of the Planning Scheme; introduce a new Local planning policy East Bendigo Industrial Precinct to the Local Planning Policy Framework and make changes to the zoning and overlay controls of land in East Bendigo incorporating: ƒ Part of the Bendigo Regional Park, south of Heinz Street; ƒ Part of Council land, north of the Food Manufacturing Precinct; ƒ Strip of land abutting and south of the Council owned land; ƒ Parcels of land on the south eastern corner of Rohs and Victa Roads; ƒ Parcel of land north of Heywood Road; ƒ Parcels of land abutting Murphy Street, and in Ross Street; ƒ Parcel of land on western side of Baker Street; ƒ Two parcels of land on western side of Murphy Street and north of Strickland Road; ƒ Aerodrome Related Industries Precinct; and ƒ Chinese Digging Historic Reserve and White Hills Geological Reserve areas.

The Explanatory Report said the Amendment was required to implement the East Bendigo Local Structure Plan.

2.2 DEVELOPMENT OF THE AMENDMENT, EXHIBITION & CONSULTATION

The Amendment, and more particularly the East Bendigo Local Structure Plan, was developed from one of the findings of the Bendigo Industrial Land Strategy (2002), the report of which was adopted by Council on 17 June 2002 and is included as a Reference Document in clause 21.10 of the Scheme. The section on Implementation in the report states “The preparation of a detailed Local Structure Plan is required to articulate and document the future of the [East Bendigo industrial] precinct”. Further, the Industrial section of clause 21.07 Economic Development in the Scheme states that: East Bendigo will be the focus of immediate industrial activity now and in the future. Council is also promoting the Goornong Industrial Estate for the location of rural based industries. Council has developed a definitive strategy for the use of existing industrial areas, and for new areas. Structure planning will provide a local response to the strategy in achieving the strategy objectives.

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The Committee noted that Council in preparing the Amendment had considered the relevant State and Local policies on Settlement, Environment, Infrastructure, Economic well-being, Planning for urban settlement, Conservation of native flora and fauna, Industrial diversification and Melbourne 2030 and Ministers Directions 1, 9 and 11 and the Direction on the form and content of planning schemes.

Council told the Committee, the Amendment was exhibited for two months in April 2003; during this period 57 submissions were considered by Council at its meeting on 21 July 2003. Prior to exhibition, Council appointed Maunsell Australia Pty in 2002 to prepare the Local Structure Plan (LSP) and then undertook a consultation process with householders, industry, government and service authorities. Following the July 2003 Council meeting, submitters were advised of alterations made to the Amendment and in response a further seven submissions were received. The matter was considered by Council on 15 September 2003, when it resolved to make one further alteration to the Amendment and to request the Minister for Planning to refer all submissions to a Panel.

The Minister for Planning, on 21 November 2003, replied to Council stating that she had determined that: the LSP and C51 may have significant impacts on the environment, particularly on the Regional Park, and that these impacts need further assessment. Consequently, before I consider approval of C51, I require that Council prepare an Environmental Report to augment the environmental information contained in the LSP, and that this report be made available for public comment. … I intend to appoint a Planning Panel jointly as an Advisory Committee under Section 151 and 153 of the Planning and Environment Act, to consider submissions to Amendment C51, the Environmental Report and any subsequent Council responses and submissions to the report. The role of the Advisory Committee will be to advise me on appropriate planning responses to the management of potential environmental impacts of the industrial precinct.

Council at its meeting on 1 March 2004 agreed to make further alterations to the Amendment, and on 9 March 2004 wrote to the Department suggesting that the changes substantially addressed the matters raised by the Minister and seeking guidance on how Council should proceed. The Department replied on 6 April 2004, stating that in its view the Environmental Report was still required. Council re- engaged Maunsell Australia, who in June 2004, appointed Mark Trengove Ecological Services (Mark Trengove) to undertake a “Flora and Fauna Assessment for the area affected by the East Bendigo Local Structure Plan”. The Committee understands that Mark Trengove prepared two reports, one in 2004, and a second entitled “Modified Vegetation Assessment” in April 2005, known as the Environmental Report. The Committee understands that the second report was drafted in response to comments received from the Victorian National Parks Association (4 November 2004), and Bushlinks (8 November 2004). The Environmental Report and other documents were exhibited in a further process for 3 weeks in July 2005, during which time the further seven submissions were received.

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Council at its meeting on 7 September 2005, considered the submissions and resolved to request the Minister for Planning to appoint a Panel.

Unfortunately, detailed comments on the Environmental Report were not obtained from the Department until they were sought by the Committee on 20 January 2006, and considered at the Hearing on 13 February 2006 (this is dealt with in section 4 of this report). As a consequence, the Committee requested Mark Trengove, in conjunction with the Department, to reassess the ‘Habitat Hectare Scores’ and ‘Values of Potential Impact Sites’ in the Environmental Report and reconsider the recommended “Potential Mitigation Measures”. Mr Trengove subsequently submitted a report to the Committee entitled Vegetation Assessment (2006), with replacement pages 47 & 48 circulated by Council on 18 April 2006. The Committee also requested the Department, Mark Trengove, and the Council to undertake a biodiversity assessment and as a result of such an assessment, to advise the Committee of the need for the overlays on land proposed to be rezoned in the Amendment.

It is relevant to note that the Minister has extended the period for adoption of the Amendment to 31 August 2006.

2.3 MODIFICATIONS TO THE AMENDMENT

During the Hearing, Council recommended to the Committee several modifications to the Amendment affecting land proposed to be rezoned, contents of the LSP, and revisions to the proposed Local policy. These modifications are addressed in the relevant sections, in particular sections 3, 5 and 6.

2.4 SUBMISSIONS & ISSUES

The Committee’s Terms of Reference required it to consider the views of all parties who made comments in relation to the Environmental Report and revised East Bendigo Local Structure Plan and to consider the views of Council.

The Committee, in accordance with its responsibilities under the Act and its Terms of Reference considered all the submissions referred to it by the Council which are summarised in Figure One, as well as the presentations made to it during the public Hearing.

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Issue Nos Issue Nos Issue Nos

Extension of IN1 zones 24 Traffic Management 31 Impact on Regional 10 and need for including Outer Box Park - vegetation appropriate buffers and Link Road/Street removal and fauna between residential Closures protection; contents areas and industrial of Environmental zones – noise and air Report pollution Need for overlays 6 Flooding/Stormwater 4 Public space link 5 infrastructure Proposed Truck 5 Use of gravel pits - 13 Rezoning of Rural 2 Holding Bay potential use as future Living Zones municipal landfill Need for extension of 4 Proposed other zones 6 Adhoc and/or 2 Horse Precinct or future land uses for unrelated zoning private and Council issues land Food Manufacturing 2 Future of Aerodrome 1 Proposed Drainage 1 Precinct Reserves General Support of 5 Cultural/Heritage 3 Proposed Transport 3 Amendment – non values Precinct specific Figure 1 Summary of issues

The weight of concerns related to traffic matters, extension of the Industry 1 Zone and possible consequences, future use of gravel pits, impacts on the Regional Park and the contents of the Environmental Report (some submitters wrote about more than one issue). In considering the contents of the submissions and presentations, the Committee believes the key issues relate to: ƒ The contents of the revised East Bendigo Local Structure Plan; ƒ Alignment of the East Bendigo Link Road and other traffic matters; ƒ The contents and findings of the Environmental Report and subsequent Vegetation Assessment; ƒ Impact of the East Bendigo Local Structure Plan on the environment (including the Bendigo Regional Park), and how these impacts might be addressed; ƒ Land use proposals sought in the Amendment, foreshadowed in the revised East Bendigo Local Structure Plan or proposed in submissions; ƒ The contents of the proposed East Bendigo Industrial Precinct Local planning policy; ƒ The strategic context of the proposals, including the consistency of the Amendment with State and Local planning policies; and ƒ The contribution of the Amendment to net community benefit and sustainable development.

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These issues, which are addressed in the next sections of this report, address both the Committee’s Terms of Reference, and its duties as a Panel to consider and report on the Amendment.

The next section of the report addresses the LSP, including the policy context within which it was prepared.

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3. EAST BENDIGO LOCAL STRUCTURE PLAN

3.1 INTRODUCTION

The Committee’s Terms of Reference require it to assess the contents of the revised East Bendigo Local Structure Plan.

A structure plan can be described as a report or similar document that sets out an integrated vision for the desired development of a place, and establishes a planning and management framework to guide development and land use change that is required to achieve certain environmental, social and economic objectives. The General Practice Note, Structure Planning for Activity Centres (2003) states that structure plans “will guide the major changes to land use, built form and public spaces that together can achieve economic, social and environmental objectives for the [activity] centre”. The aim of the planning process is to give effect to planning policy and to provide effectively to changing community needs.

3.2 DEVELOPMENT OF THE REVISED EAST BENDIGO LOCAL STRUCTURE PLAN

The East Bendigo Local Structure Plan was developed from one of the findings of the Bendigo Industrial Land Strategy (2002), which states “The preparation of a detailed Local Structure Plan is required to articulate and document the future of the [East Bendigo industrial] precinct”. Council advised the Committee that East Bendigo had been identified as the preferred area in the municipality for industrial investment, although there were significant limitations to the south of the precinct due to existing residential development. The strategy states the purpose of the structure plan would be to: ƒ Identify the short, medium and long term desired subdivision pattern for the precinct; ƒ Identify and secure the long term plan form, lot layout, road alignment for the area having regard to the need to capitalise on the Bendigo East Link Road alignment and synergies that this will generate for the area; ƒ Identify in detail geotechnical, development and servicing constraints that may hamper development interest in the market place, and design a development plan that responds to these issues; ƒ Provide a secure vision for and statement of intent for the land for future developers, investors and land managers; and ƒ Allow for a statutory and marketing focus for the premier development site in the precinct.

The strategy also stated that the structure plan should be incorporated into the Scheme, a procedure not adopted by Council which instead decided to introduce the plan as a “reference document” in clause 21.07 in the MSS of the Scheme (reference documents are not part of the Scheme but provide background information to assist a user of a

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Scheme to understand the context within which a particular policy or provision has been framed).

The Explanatory Report stated that the Amendment was required to: implement the East Bendigo Local Structure Plan (LSP) which provides Council, residents, developers, business owners and operators and other stakeholders with clear guidance for the future development of this area, including road network, lot sizes, land uses and appropriate buffers from sensitive land uses. The LSP will provide Council with a sustainable industrial precinct to accommodate future expansion of the Bendigo industrial sector. The Explanatory Report said the LSP provides the opportunity to cluster specific industry types through the development of the following site-specific precincts: ƒ Food manufacturing industries east of the Bendigo Aerodrome; ƒ Aviation related industries west of the Bendigo Aerodrome; ƒ Industries requiring large land holdings south of Heinz Street, to the east of the Bendigo Aerodrome; ƒ Industries requiring large buffer distances north of Heinz Street and east of the Horse Agistment precinct and the Bendigo Regional Park; ƒ Gravel reserves and former tip site north and south of Cunningham Lane; ƒ Horse agistment activities north of Nomad Road; and ƒ A commercial centre to service the East Bendigo precinct.

Council has now however decided not to proceed with the site-specific clusters or precincts for: ƒ Industries requiring large land holdings south of Heinz Street, to the east of the Bendigo Aerodrome; and ƒ Industries requiring large buffer distances north of Heinz Street and east of the Horse Agistment precinct and the Bendigo Regional Park.

3.3 POLICY CONTEXT

The preparation of “structure plans” by planning authorities, such as Council, is provided for in clause 14 Settlement, of the State section of Scheme. The objectives of the policy are: To ensure a sufficient supply of land is available for residential, commercial, industrial, recreational, institutional and other public uses. To facilitate the orderly development of urban areas.

Clause 14.01, Planning for urban settlement provides that councils should facilitate the orderly development of developing urban areas through the preparation of structure plans, and when acting as a responsible authority, councils should use any relevant structure plan in considering applications for subdivision.

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The clause provides guidance on the form and contents of structure plans and states: The plans should take into account the strategic and physical context of the location, provide for the development of sustainable and liveable urban areas in an integrated manner, facilitate the development of walkable neighbourhoods and facilitate the logical and efficient provision of infrastructure. Structure plans may consist of a hierarchy of plans that provide the broad planning framework for an area as well as the more detailed planning requirements for neighbourhoods and precincts within an area. Planning authorities should facilitate the preparation of a hierarchy of plans appropriate for the development of an area (clause 14.01-2).

Clause 14.01-3, Geographic strategies states that in providing for urban growth, councils should have particular regard to the Victorian Government population projections and land supply estimates.

The Committee also noted the State planning policy on Industry. The objective of this policy is: To ensure availability of land for industry and to facilitate the sustainable development and operation of industry and research and development activity (clause 17.03-1).

The policy is to be implemented through the following measures: Industrial activity in industrial zones should be protected from the encroachment of unplanned commercial, residential and other sensitive uses which would adversely affect industry viability. Planning authorities should zone land for industrial development in urban growth areas where good access for employees and freight transport is available and where appropriate buffer areas can be provided between the proposed industrial land and nearby sensitive land uses. Planning authorities should protect the quantum of large areas of industrial land of state significance to ensure availability of land for major industrial development, particularly for industries and storage facilities that require significant threshold distances from sensitive uses. Industrial areas of state significance include but are not limited to: … Existing industrial areas that include key manufacturing or processing industries; a major clustering of allied industries; key industrial infrastructure should be protected and carefully planned where possible to facilitate further industrial development. Responsible authorities should not approve non-industrial land uses which will prejudice the availability of land for future industrial requirements in industrial zones. Adequate separation and buffer areas must be provided between sensitive uses and offensive or dangerous industries and quarries to ensure that residents are not affected by adverse environmental effects, nuisance or exposure to hazards. Planning and responsible authorities must have

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regard to Recommended Buffer Distances for Industrial Residual Air Emissions (EPA 1990) and promote best practice risk and environmental management. Responsible authorities should ensure that industrial activities requiring substantial threshold distances are located in the core of suitably zoned industrial areas and encourage activities with minimal threshold requirements to locate towards the perimeter of the zone. Responsible authorities should, where possible, minimise inter-industry conflict and encourage like industries to locate within the same area. Planning and responsible authorities should consult with the Victorian Workcover Authority on requirements for industrial land use or development under the Dangerous Goods Act 1985 and associated legislation. Industrial uses that meet appropriate standards of safety and amenity should be encouraged to locate within activity centres.

The Melbourne metropolitan strategy Melbourne 2030 is relevant, including Direction 3, which includes a policy (3.1) to promote the growth of regional cities on regional transport corridors as part of a networked cities model. Bendigo is one of the major regional centres identified for accelerated development. Other policies in Melbourne 2030 have general applicability to all urban centres, including A More Compact City, A Great Place to be, A Greener City and Better Transport Links.

The Municipal Strategic Statement (MSS) contains a section on Economic Development (clause 21.07) including several clauses on industrial policy. The Committee noted that structure planning is anticipated with the MSS stating: “Structure planning will provide a local response to the strategy in achieving the strategy objectives”.

The objectives of the industrial section of the MSS are: To encourage diversification of the municipality’s industrial base. To promote the expansion of existing industries. To attract new industries to appropriate locations, particularly in East Bendigo Food Manufacturing Precinct and Goornong Industrial Estate.

The strategies are: ƒ Implement the recommendations of the Bendigo Industrial Land Review 2002, the East Bendigo Structure Plan, the Industrial Local Planning Policy and the Industrial Strategic Framework Plan; ƒ Ensure that an adequate supply of serviced, industrial land is available; ƒ Ensure that existing and future industrial land is adequately protected from non- industrial areas; ƒ Promote key industrial areas in order to improve the diversification of the municipality’s industrial base; ƒ Encourage food-manufacturing industries to locate in the East Bendigo Food Manufacturing Precinct in Victa Road, Wellsford; and ƒ Encourage rural based industries at the Goornong Industrial Estate.

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The Scheme provides that the objectives and strategies will be implemented by: Policy and the exercise of discretion • Using local policy to facilitate new investment and re-development of Bendigo’s existing industrial areas in accordance with the Bendigo Industrial Land Strategy, 2002 (Industrial Policy at Clause 22.05). Zones and overlays ƒ Applying the Industrial 1 Zone to the main industrial areas containing manufacturing industry, the storage and distribution of goods and associated uses. ƒ Applying the Industrial 3 Zone to industrial areas in order to provide a buffer between the Industrial 1 Zone and residential zones. ƒ Applying the Development Plan Overlay, the Design and Development Overlay and the Development Contributions Plan Overlay if appropriate, following the outcome of the structure plan/development plan process.

The Industry policy at clause 22.05 applies to the use and development of land for industry and notes that Council is committed to ensuring high standards of industrial development and design are achieved and that the policy seeks to implement these standards.

The objectives of the policy address the facilitating of economic development, the built environment, and amenity. With respect to facilitation, it is policy to: ƒ Provide a diversity of industrial locations to accommodate a range of industrial activities. ƒ Promote the opportunities and advantages of Greater Bendigo’s industrial areas. ƒ Encourage industrial subdivisions that provide a variety of lot sizes on all undeveloped land. ƒ Encourage the redevelopment of older and under utilised industrial areas for newer types of industry thereby making more effective use of existing infrastructure. ƒ Encourage the growth of existing industries and the attraction of new industries to the municipality, which have demonstrated they are environmentally compatible and ecologically sustainable. ƒ Protect existing industrial locations from encroachment by non-industrial uses. ƒ Encourage land in undeveloped areas to be retained in large holdings until it is required for development. ƒ Monitor industry and business investment trends to better understand and plan for changes in development and locational needs. ƒ Discourage industrial development in rural areas of the municipality, unless they can demonstrate they are a rural based enterprise, that value-adds to the agricultural base of the municipality. ƒ Encourage compatible industrial development in small towns. ƒ Limit industrial development other than rural industry in rural areas.

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With respect to the built environment, it is policy to: ƒ Assess industrial subdivisions and developments against the City of Greater Bendigo’s Good Design Guide for Industry ƒ Work in partnership with landowners and other key agencies to improve access, parking, site layout, landscaping and building design in the municipality’s existing industrial areas. ƒ Promote a high standard of subdivision layout, road access and design, car parking, loading provision, landscaping and building design in new industrial areas. ƒ Promote incentives for building and site maintenance and encourage the redevelopment of land and buildings in older industrial areas.

With respect to amenity, it is policy to: ƒ Facilitate good design and landscaping outcomes for industrial developments that enhance the City’s built form and provide amenable working environments. ƒ Prevent encroachment of residential development into industrial areas, as well as ensuring that new industrial developments are located an appropriate distance from existing residential areas.

The Committee noted that the Panel on Amendment C60 recommended that the potential to redistribute sections of the Industrial policy into the MSS should be assessed during the next Three Year MSS review.

There are other important policies in the Scheme, including the principles of land use and development planning which includes the following statement on Environment: Planning is to contribute to the protection of air, land and water quality and the conservation of natural ecosystems, resources, energy and cultural heritage. In particular, planning should: ƒ Adopt a best practice environmental management and risk management approach which aims to avoid or minimise environmental degradation and hazards. ƒ Prevent environmental problems created by siting incompatible land uses close together. ƒ Help to protect the health of ecological systems and the biodiversity they support (including ecosystems, habitats, species and genetic diversity). ƒ Protect areas and sites with significant historic, architectural, aesthetic, scientific and cultural values. (clause 11.03-2)

The Committee considered these and the other planning policies (eg Conservation of native flora and fauna, Economic development and Declared highways, railways and tramways) whilst reaching its findings and recommendations.

Council advised the Committee the Amendment is consistent with the Minister’s Direction on the form and content of planning schemes; the Committee accepts this advice.

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 18 3.4 MODIFICATIONS TO THE LOCAL STRUCTURE PLAN

The Committee spent some time understanding the many changes to the proposed LSP. The revised plan considered by the Committee, including the modifications proposed by Council, result in the proposed structure plan containing the following sections: Executive Summary [see below for revisions] 1. Introduction 2. Stakeholder Consultation 3. Strategic Planning Context [see below for revisions] 4. Study Area Context [see below for revisions] 5. Key issues 6. Local Structure Plan (including Figure 12 Local Structure Plan East Bendigo OPT 2 Revision H) [see below for revisions] 7. Implementation [see below for revisions] 8. Recommendations Appendix A Industry by Buffer Distance Appendix B Detailed Assessment – Pratts Park Road (containing the report by Maunsell Australia East Bendigo Local Structure Plan Linking Road Project February 2003) [proposed deletion, see below] Appendix C Local Planning Policy [see below for revisions, including in particular in section 6 of this report] Appendix D Draft East Bendigo Industrial Precinct Marketing Plan (no contents in this section) Appendix E Marketing Brochure Appendix F Development Cost Report (containing the report by Maunsell Australia Bendigo East Land Strategy Plan Development Cost Report September 2002) Additional new Appendix containing the report by Mark Trengove Ecological Services Vegetation Assessment March 2006 (with replacement pages 47 & 48 of April 2006).

The Department in its 2003 submission to Council made a number of criticisms of the LSP, including the technical content of the report, inadequate discussion on the values and uses of the Bendigo Regional Park and the implications for land use on adjoining land, buffer requirements of parks and conservation reserves, watercourses and forested freehold land, environmental issues, including threatened fauna, extractive industry, and the response to environmental issues.

Council proposed a series of changes to the LSP commencing with the following decisions made at its meeting on 21 July 2003: ƒ Include a 20 metre wide strip of land on the south eastern corner of CA 144 Section O, off Baker Street, in a Public Park and Recreation Zone to act as a

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buffer between the proposed Industrial 1 Zone and the existing residentially zoned properties; ƒ Amend the reference to “future industrial precinct” off Heinz Street in the LSP to include the need for a detailed assessment on the impact of industrial activities on the environmental values of the Bendigo Regional Park; ƒ Delete the reference to potential road closure of Murphy Street, south of Strickland Road from the LSP; and ƒ Delete the reference to the open space link from the LSP.

Council also resolved to: ƒ Confirm there is no planned future use or development of Council owned land, CA 92J, east of the Aerodrome, other than to serve as a buffer to the proposed food manufacturing precinct to the south; ƒ Advise the owners of land affected by the proposed collector road alignment that Council will, where possible: - Use existing road reserves; - Use existing Council owned or managed land; and - Keep any public acquisitions to a minimum. ƒ Undertake the landscaping of the Public Park and Recreation Zone referred to above as soon as practicable, following the approval of Amendment C51.

This resolution was confirmed when the matter was reconsidered by Council at a meeting held on 15 September, with the addition of the following additional matter: ƒ Investigate the relocation of the truck holding bay to the Inland Port site off Murphy Street. (Council however advised the Committee that it was no longer pursuing the Inland Port proposal – see section 5 of this report).

Council at its meeting on 1 March 2004, agreed to: ƒ Delete the reference to land north and south of Heinze Street as being a “Future Industrial Precinct”

Council at a special meeting on 14 March 2006, agreed to: ƒ Place a covenant to protect the native vegetation on the Council owned land known as CA 92J, situated immediately north of the Food Manufacturing Precinct, off Victa Road, East Bendigo.

Council at its meeting on 19 April 2006 agreed to: ƒ Amend the Link Road in the East Bendigo Local Structure Plan (Figure 12, Option 2, Revision H) to retain the Outer Box network south of the intersection of Rohs Road and Victa Road ƒ Not support the relocation of the Outer Box through the Greater Bendigo National Park, south of McIvor Road, immediately opposite the Pratts Park road proposed realignment.

This matter is addressed in section 4 of this report.

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Council told the Committee that as a consequence of this resolution: ƒ Figure 12 plan would need to be amended to delete reference to the southern portion of the Link Road; ƒ Appendix B of the report should be deleted from the document; ƒ References to the Link Road south of McIvor Highway would need to be revised to reflect Council’s policy; and ƒ Section 6.1.2 of the report on Traffic Management would need to be revised.

In addition, Council advised the Committee of the following further changes that would be required to the Figure 12 plan: ƒ Remove the drainage reserve to the south of Victa Road; ƒ Include an alternative drainage reserve site in the aerodrome, on the northern side of Victa Road; ƒ Replace words ‘State Forest’ with ‘Regional Park’; ƒ Adjust the alignment of the Collector road through the Crown Land to the east of Pratts Park Road; ƒ Include proposed improvements to intersections, including signalisation; ƒ Include the O’Keefe Trail as a linear open space, proposed Public Park and Recreation Zone reserve; currently zoned part Public Park and Recreation Zone, and part Public Use 4 (Transport); ƒ Remove commercial centre; ƒ Include areas of future public open space; ƒ Include proposed urban design treatments at McIvor Gate and White Hills; and ƒ Adjust colours to ensure consistency between the legend and the plan (including the roads).

Council also provided advice proposing and suggesting changes to the following sections of the LSP report: ƒ Page 3: update discussion on the Inland Port proposal to reflect that Council was no longer pursuing the proposal; ƒ Pages 7, 78 & 90: deletion of references to proposals to develop site specific precincts for industries requiring large land holdings (south of Heinz Street), and industries requiring large buffer distances (north of Heinz Road and east of the horse agistment activities precinct and the Regional Park, including relevant references in the proposed Local policy; ƒ Pages 23-26 (section 3.1.2): revise discussion on Local policy as a consequence of the approval of Amendment C60; ƒ Page 39: include reference to the Development Plan Overlay that applies to the Food Manufacturing Precinct; ƒ Pages 74, 81 & 90: deletion of proposal to introduce a north – south open space link for a walking and bicycle track on an existing creek/drainage reserve; ƒ Page 78: deletion of proposal to provide a truck holding bay in either the Inland Port site or in the Aviation Related Industries precinct, on the western side of the aerodrome;

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ƒ Page 81: deletion of proposal to close Murphy Street on the south side of Strickland Road; ƒ Page 97: reference to Post Exhibition should refer to Table 13; and ƒ Inclusion of an additional Appendix containing the Mark Trengove Ecological Services (March 2006) Vegetation Assessment (with replacement pages 47 & 48 of April 2006).

The Committee has some reservations about the notation on the LSP Figure 12 plan “Old Tip Site (Methane Resource)” and the apparently associated policy in the proposed East Bendigo Industrial Precinct policy that states, it is policy to “Investigate opportunities for location of waste energy site within the study area.”

The global warming potential of methane is twenty-one times that of carbon dioxide. As such "waste-to-energy" projects can have a significant impact on the reduction of greenhouse gases and can also lead to other local environmental benefits such as reduced odour (particularly associated with organic wastes). In considering the economics of waste-to-energy projects, thought must be given to the revenue streams that are available to the project and the costs that will be incurred in securing the waste and in building, operating and maintaining the plant. The settings, scale of plants, energy conversion technologies and other factors will influence the project economics, as will the consistency and volume of wastes available. Supply as well as the physical and calorific nature of the waste can add operational costs that are unable to be sustained, or are unacceptable to operating licence conditions. The Australian Business Council for Sustainable Energy’s publication Waste to Energy: A Guide for Local Authorities (May 2005) states: the development issues associated with waste-to-energy projects can range from being quite straightforward, such as land fill gas and sewage gas projects, to complex and protracted, especially where multiple parties (for example, fuel suppliers) are involved. While waste-to-energy projects can deliver a number of benefits to Local Authorities, including financial benefits, they typically do not produce windfall gains. It is important to realise that such expectations are not likely to be achieved, for example: A high rate of return, equivalent to a payback period less than three years, is unlikely to be delivered unless current and projected local waste disposal costs are high. A high market price for electricity generated by the plant, even if government support measures are applicable, may not be forthcoming in the foreseeable future (However, the substitution of purchased retail electricity could be significant for the organisation). Many waste-to-energy projects, whilst potentially delivering substantial environmentally sustainable outcomes, are expensive compared to many current disposal practices.

The Committee believes that with no supporting analysis of the benefits and the financial viability of such a proposal, it could be premature to include this concept in the LSP.

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Council advised the Committee that some elements of the Figure 12 plan could be used to update existing plans in the Scheme, for example the Industrial Framework Plan at clause 21.07.

Council said it would engage Maunsell Australia to revise both the report and the integral Figure 12 plan in the LSP.

3.5 PROVISION OF INFRASTRUCTURE

The Committee was advised of Council's forward infrastructure program for roads, drains, lighting and flood retention within the precinct, including works provided and on-going for the Food Manufacturing Precinct.

Infrastructure improvements completed in the two previous financial years were costed by Council at some $1.34M with a further $796K programmed to be expended in 2005/6. Infrastructure works projected over the coming three financial years were initially estimated to cost a further $1.16M but was subsequently revised to about $4M (including the revised alignment, see below) for work which could be completed by 2008/09.

It was indicated that any road construction would conform to the "three step" requirements for vegetation protection subject to departmental guidelines. Ongoing discussions between Council and VicRoads would confirm appropriate design standards for the new Link Road connection to the Midland Highway at Lyons Street/Holdsworth Road, replacing the Heinz Street/Rohs Road for the northern portion of the route. The southern end of the route and its connection to the Midland Highway Council has not been finalised.

The Committee noted modest progress on infrastructure provision in the precinct over the recent past and projected into coming years. The BMG, who support the development of the Precinct for economic development reasons, said it hoped to see the required infrastructure provision completed over some 2-3 years. The Committee, however, believes that if the Link Road is to be progressed to a suitable level of capital expenditure, the Council’s annual budget provision for roads would need to increased by a factor of 2-3 times in order to achieve completion within a target five years of the route's finalisation. This increased financial commitment was foreshadowed by the preliminary capital works schedule contained in an appendix to the LSP which was estimated to be in excess of $10M in 2002 dollars.

VicRoads direct infrastructure provision in the study area would include the continued maintenance of existing VicRoads’ roads, signal improvements at McIvor Highway/Powells Avenue/Reservoir Road intersection, Strathdale and the signalisation of Midland Highway/Powell Street intersection, White Hills.

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3.6 EAST BENDIGO LINK ROAD

The issue of a new arterial roadway (the ‘East Bendigo Link’ or ‘Linking Road’) generally on a north south alignment through the industrial precinct was seen by the Committee to be a key one, forming a major driver for the Amendment and its outcomes. Indeed, VicRoads told the Committee that the Amendment “is essentially about the development and provision of additional roads through the East Bendigo Industrial Estate”.

The Committee noted the Explanatory Report said the LSP recommends that a new “Outer Box” route be adopted as follows: ƒ Commence at the Midland Highway/Lyons Street intersection (where it meets the existing Outer Box west of Midland Highway; ƒ Follow a new east/west alignment, which requires the construction of a portion of Heywood Road and then diverts south; ƒ Continue in a southerly direction through the Gravel Reserve to the intersection of Victa Road; ƒ Follow Victa Road to its intersection with the extension of Pratts Park Road; and ƒ Deviate in a south/easterly direction of Pratts Park Road, south of Strickland Road, to a new alignment approximately 300 metres east of Pratts Park Road and intersects the McIvor Highway just west of Markovich Lane.

At this stage it is relevant to note the use of two terms, ‘Outer Box’ and ‘Inner Box’ road systems. The LSP says the Inner and Outer Box systems: provide a two-tiered circumferential ring road arrangement to relieve traffic pressure on Bendigo’s central activities area and enhance access and circulation through the broader Bendigo township. One of the key objectives of these systems is to attract trucks away from the city centre.

Specifically, the Inner Box is a partly developed four lane divided local bypass system of interconnecting roads close to and around the central activities area, whilst the Outer Box is largely a two lane two way road which provides connections around a larger portion of the urban area of Bendigo between the major radial roads. The LSP says: The function of the Outer Box is not to provide a bypass of the wider urban area of Bendigo but rather to provide for effective access and circulation within Bendigo whilst avoiding the need to travel through the central activities area and discouraging through traffic from using sensitive local streets.

The Explanatory Report also said: The LSP also provides for the development of a “feeder” network, which has been achieved through the designation of several collector roads on both new and existing road reserves: ƒ Strickland Road, between Pratts Park Road and Rohs Road;

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ƒ Rohs Road, between Strickland Road and Victa Road; ƒ Murphy Street, between the rail reserve and Rowena Street; and ƒ A new east/west road connecting the Midland Highway to the intersection of Rohs Road and Victa Road and also intersecting the proposed Murphy Street Collector.

The LSP explains that the ‘feeder network’ “will help to ensure that a large volume of commercial traffic generated by the East Bendigo industrial zone can conveniently access and benefit from the Outer Box and not be tempted to use alternative routes through residential precincts.” Elsewhere the LSP states that the establishment of the collector road network will provide an efficient way to link existing and future local road networks with the Outer Box.

Bendigo 2020 Transportation Study

The Council relied on two substantial studies for guidance on the resolution of traffic management, the preferred road hierarchy and consequently required roadway and related infrastructure. The first, the Bendigo 2020 Transportation Study (1993), was commissioned by a Steering Committee that included the then five urban municipalities (these were amalgamated in 1994 to form the City of Greater Bendigo) and various regional and State planning authorities (only VicRoads continues into 2006 as a relevant Authority).

The key finding of this study as it relates to the Committee's considerations is the recommendation for a road network strategy which addresses future travel demand through the further development and upgrading of the existing road network. This included: … the existing "Inner Box" and "Outer Box" routes, widening of existing arterial roads at specific locations, and the provision of a 2-lane, 2-way arterial road link [now known as the Link Road] between the future Strathfieldsaye urban growth area and the McIvor Highway to the north and Calder Highway to the west.

During the Hearing it became apparent to the Committee that the southern portion of the Link Road, (especially) as proposed in the LSP, raised a number of concerns whose resolution was not immediately apparent.

Whilst the Committee was told by Council that one of the prime functions of the Outer Box, including its route through the Industrial Precinct, was to improve traffic circulation around the City, the 2020 Transportation Study also emphasised its bypass function particularly for commercial vehicles. For amenity and safety reasons, it is desirable that trucks travelling from one side of the city centre to another use alternatives routes to avoid the city centre. It is considered appropriate to promote the use of the Inner Box and Outer Box arterial roads for trucks to bypass the city centre.

On this point, the Committee considers that both the truck bypass and easing of City traffic circulation functions of the Link Road as part of the Outer Box network, are valid objectives. The Committee believes that both these attributes contribute towards

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 25 the Link Road's overall justification and thus the need to identify its best possible alignment through the precinct.

The key diagram that illustrates the study's strategic intent, the recommended road network improvement option, is reproduced in Figure Two of this report.

Figure 2 Road Network Improvement Option Recommended in the Bendigo 2020 Transportation Study

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Figure Two shows at the northern portion of the Link Road the notation "Alignment subject to detail investigation". At its connection with the McIvor Highway it can be seen that the Link Road aligns Powell's Avenue with Reservoir Road to form the connection with Strathfieldsaye Road. These unresolved matters were further reviewed in some detail in a further road study, the East Bendigo Linking Road Study – Final Report (2002) prepared by PPK Environment and Infrastructure.

VicRoads, in its presentation, referred to the 2020 Transportation Study, with particular mention of the recommended option for the arterial road network improvements including the upgrading of the Strathdale-White Hills arterial road to a 4-lane undivided arterial road and the realignment of the Outer Box to provide a direct link between Rohs Road and Lyons Street, White Hills. This latter Midland Highway connection is included in the LSP and is supported by VicRoads. It is noted that responsibility for construction and management remains with the Council, although, as VicRoads said, this does not preclude Council from seeking funding assistance from the State or Federal Governments.

While the 2020 Transportation Study foreshadowed the Outer Box to be ultimately constructed to a four lane standard, no existing portion is presently built to this dimension and the need to upgrade further is a long term (20+ years) need. A two lane Link Road is considered by Council as adequate over the medium term. Council confirmed that the East Bendigo quadrant of the Outer Box also served an alternative means of connection (bypass) for trucks between the McIvor and Midland Highways.

East Bendigo Linking Road Study – Final Report PPK (2002)

The Committee was told this study was essentially a desk-top engineering and traffic management investigation into possible road connections between the Midland and McIvor Highways in East Bendigo. The Study addresses "… the discontinuity of the circumferential main road system [Outer Box] through the East Bendigo area" looking at six routing options. The use of Pratts Park Road as an enhanced part of the network was also explored with four additional options incorporating this route identified and reviewed.

Various issues were raised by the public and key stakeholders during the study and subsequently reported in the Information Bulletins issued following the study (May, June and October 2002), including: ƒ The need to relocate the Link road, away from low density residential areas; ƒ Whether the Link Road south of Pratts Park Road should be further east of the Bendigo Harness Racing activities; and ƒ The need to reduce industrial traffic through residential areas.

In response to these issues, the study confirmed the need for and role of an east Bendigo linking route. However, the post-study consultative processes responded to the identified concerns in confirming a 'preferred route'. The need for further associated extensive planning and ongoing public consultation was also identified. The PPK study anticipated that it would be some time before major construction might be commenced, nevertheless it recommended in the interests of certainty that "… steps should be taken now to reserve land now for the future road link.” Thus the Committee observed that the PPK Study did not finalise the issue of an arterial road alignment through the precinct. It did, however, provide valuable data which would

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 27 form a basis for further work. The Committee also noted that this study did not investigate the alignment of the road as shown in the LSP located to the east of Pratts Park Road at its southern extreme.

Thus the Committee looked to ongoing studies and advice to clarify the road rationale shown in the LSP. The PPK report, however, is regarded by the Committee as a helpful starting point for resolving issues of alignment and traffic management in the study area.

The Revised East Bendigo Local Structure Plan – Final Report by Maunsell Australia Pty Ltd (2003)

The LSP seeks to clarify certain Link Road issues in its Appendix B. The Maunsell report however deals with the "Linking Road Project" with respect to a proposed new alignment predicated on concerns over the previously identified Powells Road and Pratts Park alternative connections to the McIvor Highway. It also admits a range of qualifications to its scoping and findings which the Committee believes limits the weight that can be placed on its recommendations in this regard. This preliminary assessment is principally a 'desk-top' exercise based on a review of existing data and observations from the recent one-day inspection. Our conclusions are only intended to provide an initial indication of the feasibility of establishing a Linking Road east of Pratts Park Road and could change following more detailed analysis.

The report further indicates that if the east of Pratts Park Road option was pursued "… a formal detailed assessment will need to be undertaken, along similar lines as the detailed evaluation already conducted for the other Linking Road options [that is, in the PPK report]".

The report states that any Link Road connection to the McIvor Highway east of Pratts Park Road would need to connect to the Outer Box either by: ƒ A "dog-leg" (eg back into central Bendigo), reconnecting with Reservoir Road; or ƒ Via a new south road connecting with the Outer Box somewhere on Strathfieldsaye Road.

The report comments on the merits of the routing alternatives, acknowledging that the dog-leg provides for a discontinuity of north-south travel (which is especially disadvantageous for larger vehicles) and admits that the new south road is limited by having no established route to build on. This southern route option implies the likely necessity to create a new corridor through One Tree Hill Regional Park (which has since been upgraded to a National Park). Even if a road could be located at the western edge of the Park difficulties would be experienced as residential development extends as "fingers" into the park, creating a ragged edge through which it would be difficult to create a new route.

When the Committee queried both of these alternatives which resulted from Council's (then) preferred Link Road alignment east of Pratts Park Road, no easy solution was apparent. It was agreed by the VicRoads representative that the "dog-leg" approach was unacceptable (and potentially dangerous) from an Outer Box traffic continuity

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 28 point of view. Similarly Council and the Department suggested that any new route south of the McIvor Highway via a National Park would be highly unlikely.

The (surprising) Maunsell finding in this respect was that there were "No major constraints which would prevent the new alignment [east of Pratts Park Road] being considered as part of the Linking Road". However, it was also admitted that "The new alignment is not compatible with the existing Outer Box system north and south of the McIvor Highway." These findings seemed to the Committee to be a contradiction.

The VicRoads told the Committee it would be timely and appropriate to undertake a review of the Outer Box network, linking to and south of the McIvor Highway. VicRoads further indicated that until that time the present Powells Road/Reservoir Road alignment was adequate and appropriate to fulfil this Arterial road function.

In order to seek clarification Council was requested via further Directions, to form a clear resolution on these matters: Direction B – The preferred route, alignment and width of the proposed East Bendigo Link Road both within the East Bendigo Industrial Precinct to where it would link with the Calder Highway… Direction C – The Budget, funding and hence timing of public infrastructure works foreshadowed by the revised East Bendigo Structure Plan. Direction D – The status of the findings and recommendations to Council in reports prepared by PPK (2002) and Maunsells (2003), and the advice of the Minister for Planning (dated 5 November 2001), including whether the findings, recommendations and advice have been adopted by Council, and whether funds have been provided to undertake the required work… Direction E – The possibility of deleting reference to the possible up grading of Pratts Park Road in the revised report of the East Bendigo Local Structure Plan (including a further revision of Figure 12) until traffic and other studies on the proposed East Bendigo Link Road to the Calder Highway have been completed and a route adopted by Council.

Council provided the Committee with details of an alternative revised Link Road route and new Collector Road in the southern portion of the Precinct (together with estimated costs). A copy is included in Appendix D.

Council advised the Committee that changes in the conservation significance of Pratts Park Road had triggered a review of the preferred alignment of the preferred alignment of the Link Road. Council also noted the earlier LSP comment that the new alignment was not compatible with the existing Outer Box.

Council said that apart from increased conservation values associated with Pratts Park Road it was unlikely that Council would endorse an increase in its dimensions to an ultimate four lanes. Officers in considering these 'new' factors believed that the preferred option should be retaining the LSP route from Napier Street (from the Lyons Street intersection to Rohs Road (near the Victa Road intersection) which had scope to be constructed to four lanes and thereafter retaining the existing Outer Box alignment. Further, the unmade portion of Pratts Park Road would be constructed as a two lane road to fulfil the function of a Collector road servicing the Food Manufacturing

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Precinct and reducing some heavy traffic from the Powells Road Arterial route. This approach was also supported in principle by the Department, subject to the three step approach to vegetation removal.

VicRoads subsequently supported this decision in correspondence with Council of 3 May 2006 (including the new northern alignment connecting to the Midland Highway at Lyons Street, the retention of the existing southern Outer Box route via Powells Avenue and the creation of collector road/s to service the Food Manufacturing Precinct).

With regard to Direction D, Council said no further studies were required (apart from engineering investigations and surveys associated with detailed design of linking and collector roads. With reference to the further work recommended in Appendix B to the LSP the proposed Environment Management Plan and Noise Study were considered to be no longer relevant as they relate to the (now abandoned) Pratts Park Road alignment. There still may need to for Environmental Management Plans and noise attenuation measures to be undertaken for other sections of the proposed arterial route. With relation to any Native Title claims over the route and the identification of vegetation removal, Council said these would occur as the detailed road design is developed in conformity with established practices and procedures. Other changes will likely result from detailed engineering design and land acquisition aspects of the Link Road’s construction. The Committee was informed that once a levels and features survey had been completed, various design detail modifications to the route would be required (to avoid gullies, major vegetation stands, 'sharp' property boundaries and the like).

The issue of the classification of the Arterial Road network was addressed by VicRoads who said that it was anticipated that the Link Road, as it is completed will be included in road classification reviews. Even in the event of an upgrade of Pratts Park Road or the provision of a new road to the east of it (either as a local 'Collector' road or as the then preferred - Arterial road) heavy traffic would continue to use Powells Road and that there was no practical reason or indeed need to restrict this traffic.

In later correspondence of 3 May 2006, VicRoads confirmed its willingness to accept Council's revised endorsed proposal for the Link Road and a Food Manufacturing Precinct Collector Road, developing suitable intersection treatments with the Arterial Road network where they are required.

In relation to Maunsells comment that the Link Road at its connection with the McIvor Highway could be moved further to the east to avoid the School and Lord's Raceway, Council noted that the relevant distances are 1.4 km and 950 metres respectively and are considered adequate and that any further easterly displacement would exasperate the debilitating "dog-leg" factor. The Committee recognises Council's logic in this matter, but also notes that the later proposed reclassifying of this road from Arterial to Collector status (two lane as distinct from four lane) would further mitigate this concern.

In support of the contention that Powells Road has a capacity to continue to take heavy traffic into the future, VicRoads provided the Committee with details of hourly traffic volumes in Powells Road (900m north of McIvor Highway) made at various times

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(generally 7am-5pm) during a survey week in May 2004. This survey revealed that the average percentage of trucks compared with all vehicles at ranged between 10.6% (7 day average) and 11.4% (mid-week average). These readings compared with other arterial roads servicing industrial precincts are quite low. The survey suggests there is spare capacity to significantly increase truck movements before residential amenity along the route is reduced to unacceptable levels. VicRoads said the survey suggested noise levels which would not justify special noise amelioration treatments at this time, pursuant to VicRoads Traffic Noise Reduction Policy (February 2005).

Council confirmed that the brief for the "outer distributor" study had yet to be formulated, however as the need for this arterial road provision is still at least a decade away, the study's priority would emerge from the anticipated rapid growth of Strathfieldsaye.

VicRoads confirmed that it would be happy to participate with other stakeholders in a new study that updates the 2020 Transportation study recommendations for the identification of necessary Arterial Roads (including Outer Box connections to the LSP area and called the "outer distributor") once a brief had been drawn up by Council.

Noise attenuation measures where the Link Road is proposed to pass through a residential area in Lyons Street were not considered necessary given the proximity of the Midland Highway and if applied would be within the Road Reserve. For other locations of low density housing (eg Rohs Road) the new alignment would now be located further from residential properties.

On the issue of the management of truck movements on local roads in the study area raised by some submitters, Council believes that "Truck movements in local streets are not considered a significant issue at present". Whilst truck movements are a little more prevalent in Powells Road, this is a designated Arterial Road and likely to remain so, generating traffic noise levels acceptable to VicRoads.

On the issue of access to the area during construction of the Link Road, it was suggested by Council that it was manageable with the only disruption limited to intersection works at Rohs Road where "… construction vehicles would access the site via the proposed link road alignment and would not disrupt the existing traffic flow".

The Committee whilst endorsing the above would hope that in the event that unanticipated heavy vehicle movements resulted in residential streets within the precinct, Council would remain alert to effect remediation measures.

Council advised the Committee of the social and economic benefits of the Amendment and LSP, and argued that the proposals would promote economic development and improve local employment opportunities. The Committee accepts this advice.

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3.7 FINDINGS

The Committee finds that the final proposal for the Link Road alignment is an appropriate outcome for the extensive studies, consultation processes and this Committee’s more recent considerations into this matter.

The Committee commends the Council and VicRoads for their willingness to seek a positive approach to the Link Road issues, based on further and better information. The suggested Arterial road resolution will assist with the satisfactory resolution of the various land use, infrastructure and environmental aspects of the Amendment discussed elsewhere. The Committee, however, considers that Council will need to address the need for Environmental Management Plans and noise attenuation measures in sections of the proposed arterial route.

The Committee also commends the intended strategic study (concerning the ‘outer distributor’) initiated by Council and involving VicRoads and other stakeholders to confirm necessary connections to the Outer Box network south of McIvor Highway. The timing of this work is important but should coincide with identified need, including the significant growth of Strathfieldsaye township and increased truck volumes on the Arterial network.

With respect to the LSP document itself, the Committee finds that it would be a more useful Reference Document if it included revised or additional material on: ƒ Suitable locations for various forms of development and possible future opportunities, including the clustering of specific industry types, and the protection of large areas of industrial land (including that zoned INZ1); ƒ The form of future subdivision and development in the precinct, including road network, lot sizes, land uses etc; ƒ Access, street and pedestrian movement network as well as the changes to traffic management, parking, public transport, walking and cycling; ƒ Enhancement of the public environment; ƒ Provision and protection of physical infrastructure, services and community facilities; ƒ Protection and management of conservation areas and heritage places; ƒ Interface issues, including protection of industrial activity from encroachment, and appropriate buffers from sensitive land uses; and ƒ Implementation.

There are parts of the LSP that could be deleted such as the marketing plan (that was not exhibited or provided to the Committee) and the out-of-date material (in a policy sense) on infrastructure. The Committee considers that the changes require a rewriting of the LSP rather than an editing of the existing document.

The Committee further finds that relevant elements of the revised Figure 12 plan should be used to update existing plans in the Scheme, including the Industrial Framework Plan at clause 21.07.

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The Committee accepts Council advice on the social and economic benefits of the Amendment and LSP, and agrees that the proposals should promote economic development and improve local employment opportunities.

The Committee noted the many changes proposed by Council and the Department both prior to and during the public Hearing. These changes are, however, in the main alterations to a proposed Reference Document (other alterations related proposed zoning matters are addressed in section 5). Accordingly, the Committee does not consider the changes constitute a transformation of the Amendment.

Overall, the Committee finds the LSP consistent with planning policy.

3.8 RECOMMENDATIONS

The Panel recommends that: a) The revised East Bendigo Local Structure Plan be further revised and rewritten to reflect the matters discussed in this report (as well as issues raised by the Department) before it is approved and included in the list of Reference Documents in clause 21.07 of the Scheme. b) The Figure 12 plan in the revised East Bendigo Local Structure Plan be redrawn to reflect the matters discussed in this report. c) Relevant elements of a redrawn Figure 12 plan be used to update existing plans in the Scheme, including the Industrial Framework Plan at clause 21.07. d) Council considers the need for Environmental Management Plans and noise attenuation measures in sections of the proposed arterial route.

The next section of this report addresses the impact of the LSP on the environment.

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4. IMPACT OF THE STRUCTURE PLAN ON THE ENVIRONMENT

4.1 INTRODUCTION

The Committee’s Terms of Reference require it to assess the findings of the Environmental Report. The Committee considered whether there were any significant effects the Amendment might have on the environment or whether there were any the environment might have on any use or development envisaged in the Amendment.

Bendigo is known as a “City within a Forest”, being completely surrounded by National and Regional Parks and the only city in the world to be surrounded by Box- Ironbark forest. Council markets this concept utilising a specific logo whilst noting that the Box-Ironbark represents "our past, present and future with settlement patterns and built development".

The Box-Ironbark region is a distinctive natural area of Victoria. Its diverse vegetation covers at least 17 ecological vegetation classes. It also has a distinctive fauna. Large areas of forest are essential for fauna and, within these, gully habitats are sites of high faunal richness and abundance. Important habitat resources include large old trees and an undisturbed ground layer. Recent studies indicate that the distribution and abundance of the fauna is now strongly influenced by past and present land uses (clearing, mining, fragmentation, forest management), as well as by natural processes.

There were a number of concerns raised in relation to the Amendment which were opposed to the clearing of native vegetation. Eight submissions opposed the clearing of native vegetation, whilst a further two submissions raised specific concerns in relation to the need for retention of flora and protection of fauna in Areas 1 and 2 (see section 5 of this report). Of these submissions, one called for a tree protection order for a stand of eucalypts adjacent to the intersection of Beischer Street and Strickland Road.

With the Council resolution to retain the area north of Heinz Street for rural living purposes, Council sought guidance from the Department specifically questioning whether the Environmental Report was still required. The Department subsequently advised in a letter dated 6 April 2004 that the Environmental Report was still required and should address: ƒ A summary for the reasons for deleting the land north and south of Heinz Street from consideration for a future industrial precinct; ƒ A description and map showing the distribution and quality of remnant vegetation in the LSP area, including private land and road reserves; ƒ A summary of the values of the adjoining Regional Park, including flora and fauna, recreation and heritage values, in general and as it relates to the Pratts Park Road frontage;

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ƒ The potential impacts of the Amendment and LSP on both remnant vegetation and relevant Regional Park values; ƒ Proposed management response to potential impacts, including any proposed changes to the Amendment, such as the proposal application of ESO, VPO or other relevant planning overlays; and ƒ Any other environmental impacts as applicable.

The Environmental Report was subsequently commissioned from Mark Trengove and exhibited for public comment.

Many concerns about the use of the regional park as a buffer were addressed through the Council’s indication to withdraw its intention to rezone the Rural Living zoned land north of Heinz Street and east of the Horse Agistment Activities precinct as a Future Industrial Precinct. Subsequent submissions still expressed concern about the extent of clearing of endangered and depleted vegetation including the potential loss of understorey and of medium and old trees.

Specifically the Bendigo and District Environment Council Inc (the Environment Council) noted that: The report had failed to fully carry out the Minister’s request by: ƒ not considering the impact that the removal of remnant vegetation will have on the links and corridors that are used by fauna to move from the park both on a permanent and temporary basis e.g. bats and some species of birds; ƒ not taking fauna surveys; ƒ not discussing the future effect of industrial development on the flora and fauna due to increased traffic, increases in the amount of light during the night and increased noise at all times; ƒ not discussing and recommending ways that would maintain the ecological values contained within the Park and its links to other areas affected by the amendment; and ƒ not taking a fragmented view of the area when in reality the area operates as a whole.

The Environment Council, supported by the Victorian National Parks Association (VNPA), presented information to highlight their concerns with the approach incorporated within the Government policy - Victoria’s Native Vegetation Management - A Framework for Action. In particular, it was noted that the framework did not address the impact urbanisation and landscape differential has on fauna and flora and the framework supported a fragmented approach whilst the emphasis needed to shift from species preservation to the management of complete ecosystems and management of the landscape in its entirety. The Environment Council referred to papers by Ramp (2004), Williams (2001), and Recher (1999), copies of which were provided to the Committee.

The primary concern of the Environment Council and VNPA was that the planning system assessed the impact of clearing native vegetation in isolation of other proposals. It was suggested that this approach was inappropriate because “the impact

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 35 of sequential clearing does not operate in the same way; rather, it is cumulative, with the detrimental effects of each development compounding previous losses at a local, state and national level”. Referred to as the “tyranny of incremental losses”, it was defined as representing a series of relatively small losses, each of which may not be considered significant in its own right, but cumulatively they have a massive impact on ecological sustainability”. The submission quoted Tepper who argued that if you want to have a functioning landscape “you should never clear below 30% in the intensive use zone, while in the extensive use zone you should never clear below 50%”: quoted in Possingham (2003). The Environment Council indicated that only 17% of the original Box Ironbark forests and woodlands were currently protected in national and state parks.

During the course of the Hearing, there was considerable discussion regarding the calculated conservation status and threatened species rating for some of the sites, in particular the fact that the Environmental Report had not taken into account the potential impact on fauna.

As a result, the Committee directed Council to re-assess the conservation significance of a number of sites and, on the advice of the Department, to include three additional areas (Areas 1, 2 and 4) that had not been originally included in the original assessment.

Mark Trengove Ecological Services was subsequently engaged by Council to re-assess the conservation significance of a number of sites and the revised assessment was undertaken in close consultation with the Department. As a result an additional 16 sites were reviewed and the conservation status of potential impacted sites varied as follows: ƒ The Pratts Park Road reserve (Site 1 of the original report given “medium” conservation significance) was assessed as having a “high” conservation value and three other sites were upgraded from “medium” to “high” conservation value (sites 3, 12 and 19); ƒ Two sites were down-graded from “high” to medium” conservation value (sites 6 and 7) and a further two sites were down-graded from “medium” to low” conservation value (sites 8 and 16); and ƒ Of the additional 16 sites, nine were rated “high”, two “medium” and five “low” conservation value.

Council circulated the revised Environmental Report to Submitters and no comments were received.

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4.2 POLICY FRAMEWORK

The Environmental Report draws upon government policy outlined in Victoria’s Native Vegetation Management –A Framework for Action. The policy establishes the strategic direction for the protection, enhancement and revegetation of native vegetation across Victoria, and outlines the principles that are associated with Net Gain across the ecological landscape. Its goal is: “A reversal, across the entire landscape, of the long term decline in the extent and quality of native vegetation, leading to a net gain”. Net gain is the outcome for native vegetation and habitat where overall gains are greater than overall losses and individual losses are avoided were possible.

The Native Vegetation Framework recommends that: ƒ Clearing is not permitted in areas of very high conservation significance unless exceptional circumstances apply; and ƒ Clearance in areas of high to medium conservation significance is generally not permitted.

Where there is potential vegetation impact as a result of any proposal, the Native Vegetation Framework outlines the three step process that is required to be observed to ensure Net Gain: ƒ Avoid adverse impacts, particularly through vegetation clearance; ƒ If impacts cannot be avoided, minimise impacts through appropriate management; and ƒ Identify appropriate offset provisions.

It was stressed that the first priority of the Framework is to explore options to avoid impacts, or, if that is not possible, to minimise the clearance of native vegetation. In the event of such action being undertaken and it is found that vegetation loss is unavoidable, any development or disturbance to native vegetation would require undertaking a Net Gain assessment.

An important element of the Net Gain assessment process is the appraisal of Net Gain losses and offsets in terms of: ƒ Habitat hectares, which is a measurement of habitat quality and quantity; ƒ Tree protection and/or replacement for the removal of large and medium trees, including both scattered trees and those within native vegetation; and ƒ Revegetation for land or water protection.

Council told the Committee that it had resolved to make a number of changes to the Amendment to protect the environment. Where there may be environmental impacts, such as vegetation removal, the C60 MSS firmly committed the Council to the three step approach of “avoid, minimise, offset”. It was noted that whilst reference in Clause 21.08-1 was specifically in relation to residential development, the principle had relevance for all developments because the Native Vegetation Framework was included as an incorporated document in all Victorian planning schemes.

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Council said it was difficult to articulate the extent of vegetation clearance required and how the principles of “avoid, minimise and offset” had been utilised without detailed engineering plans of the Outer Box and Linking Roads.

During the course of the Hearing, with the reclassification of the Pratts Park Road site, Council reassessed the suitability of this section of the Link Road. It was subsequently resolved that the existing Outer Box (Powells Avenue, a section of Strickland Road and Rohs Road to the Victa Road intersection) would be retained. However, it was noted that at some stage, Pratts Park Road might be upgraded into a two-lane road to service the Food Manufacturing Precinct. At that stage, it is proposed that assuming compulsory acquisition of the privately owned industrial land to the west is cost prohibitive, that a parcel of unreserved Crown land on the south east corner of Victa Road and Pratts Park Road would be used for road construction thereby “avoiding” clearing approximately 400 metres of the road reserve. The intention is to site the road pavement and drains directly on the western boundary of the road reserve, rather than locating it centrally in the road reserve, thereby retaining a 5-8 metre buffer of road reserve, directly abutting the Regional Park.

On the issue of planning scheme overlays, Council said the revised assessment recommended that all sites with “high” conservation significance be considered for the application of a Vegetation Protection Overlay (VPO). Of the sites given a high rating, two (sites 19 and 31) were on road reserves, one (site 20) was on Council owned land and the remainder were on private property. As such, it was noted that sites 19 and 31 were protected by virtue of being on road reserves and any vegetation clearance would be subject to a planning approval. Council’s preference was that site 20 was not subject to a VPO as the prospective owner of this land had not had the opportunity to comment on the proposal and Council was seeking to finalise sale of this surplus land once the amendment process was concluded. Council said the sites within private ownership could potentially be developed and vegetation removed without the need for a planning permit and this situation would not alter by virtue of the land being rezoned from Industrial 3 to Industrial 1.

Council made no comment in relation to sites with a medium conversation significance rating.

In its first submission to Council, the Department did not support the inclusion of the LSP as a Reference Document and also wrote: The Bendigo Regional Park is located in the eastern side of the study area and there are other small but significant reserves including the Chinese Diggings Historic Reserve and the White Hills Geological Reserve. The study does not adequately address the values and uses of the Bendigo Regional Park in particular and the implications for land use on adjoining land.

In particular, the Department indicated that: The response to environmental issues in the structure plan recommendations is inadequate. For example, it is not clear how the proposed upgraded road network responds to the environmental constraints, including significant stands of trees; areas adjoining and within, the Bendigo Regional Park are proposed for industrial uses that

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are likely to be incompatible with Park management objectives; the tree lined waterways on the narrow freehold strip north of Heinz Street has not been addressed; the Chinese Diggings Historic Reserve will be isolated within an industrial precinct, without consideration of opportunities to connect to other reserves and vegetated areas (Letter of 26 June 2003).

However, in the subsequent submission it was noted that: Whilst the report received does not provide or discuss the values of the Park it is acknowledged that the information is available in the public domain (contained in the ECC Box-Ironbark Report). The department considers that the main impact on the Park from future development will be the visual impact when looking from the Park. It is suggested that this impact can be addressed during the planning process at the development stage. The report does however document both the impact on existing vegetation within the structure plan and proposed mitigation measures (letter of 26 June 2003).

In specific reference to sites 4 & 5 on the vegetation map prepared by Mark Trengove, the Department did not consider that the addition of a VPO to the Crown land would provide additional protection, as the current zoning (PRCZ) would prevent further development without consultation to the Department. It was also noted that the application of Environmental Significance or Vegetation Protection Overlays to road reserves would provide no additional protection, as removal of native vegetation on a road requires a permit and referral to the Department.

No further comment was offered in relation to the remaining sites or the LSP in general.

Given the apparent contradictory perspectives presented within these two submissions, at the Directions Hearing, the Department was requested to provide a consolidated perspective which addressed: ƒ An evaluation of the Environmental Report ƒ Information on the potential impacts of the proposed industrial precinct on the environment, the Bendigo Regional Park and remnant vegetation.

In its presentation to the Committee on 13 February 2006, the Department said: A full assessment of potential impacts on remnant vegetation and relevant Regional Park values had not been undertaken; only the adverse impacts of clearing vegetation along the proposed routes of the outer box and collector roads. However, the department considered that the potential impacts of the LSP were limited to areas that were to be rezoned or allocated a more intensive use, namely: ƒ the gravel reserve north and south of Heywood Street (Area 1); ƒ the area south east of Victa Road/Rohs Road intersection (Area 4); and ƒ the former east Bendigo Primary School site (Area 2).

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Note, the areas refer to land proposed to be rezoned – see section 4 of this report.

Following the Direction by the Committee for a re-assessment of the conservation significance of a number of sites and, on the advice of the Department to include these additional areas, the Department told the Committee it was satisfied with the changes to the Environmental Report: The department is satisfied that the report now fully describes the quality and quantity of remnant vegetation in the Local Structure Plan (LSP) area that may suffer impacts from the proposed outer box and collector roads and other sites that were of concern to the department. (letter of 13 April 2006)

In relation to Site 1, Pratts Park Road, the Department also indicated its support, in principle, for the alignment of the road through the Crown land and the western edge of the road reserve subject to: ƒ The final alignment of the road meeting the “three-step approach” as required by the Planning Scheme; and ƒ Determination of exact losses and appropriate offsets/gains prior to the commencement of works on the road.

On the issue of the planning overlays, the Department said that Amendment VC38 introduced on 16 March 2006 might resolve some issues regarding the sites of concern outside the Outer Box road. The Amendment made changes to the native vegetation provisions in all schemes including: ƒ Changes to clarify the native vegetation provisions in the planning scheme (clauses 15.09 and 52.17); ƒ Changes to the referral provisions so more complex native vegetation planning permit applications proposals are referred to the Department (clause 66.02); and ƒ Providing planning tools that allow native vegetation to be strategically managed (clause 52.17) – Native Vegetation Precinct Plans and Property Vegetation Plans.

In particular, it was noted that overlays would not protect land that was currently zoned industrial (either IN3 or IN1) and hence there was no value to be gained in placing overlays over Area 4. Instead, any development of these blocks of land would require referral to the Department. This view was supported by the Environment Council.

Future drainage reserves identified at Site 9 (medium conservation significance) and an existing drainage area belonging to the Crown, Site 32 (high conservation significance), and the area near the corner of Bobs Street and the Reserve, were, with the exception of the site near Bobs Street, anticipated to require overlays. The Department identified the need to work with Council and the local Catchment Management Authority to develop overlays for the municipality as a result of the C60 MSS review.

In relation to the submissions that claimed that the Framework provides inadequate replacement for any damage that may be done to remnant vegetation and habitats for native fauna, the Committee notes that the Framework documentation exists as a statement of government policy and the Council, in conjunction with the Department,

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 40 is entitled to utilise the Framework to assess the impacts and resultant offset requirements. However, the Committee does draw attention to the departmental fact sheet, a Flora and Fauna Note Shrinking Patches ... Fragmentation and Habitat Loss (2002), which discusses fragmentation and habitat loss specifically in relation to the Box Iron-Bark Forests in the following terms: ƒ In the Box-Ironbark region, many woodland dependent birds are now scarce in fragments less than about 20 ha. Larger fragments, those of 80 ha or more, are important reservoirs for maintaining bird populations in cleared landscapes. Woodland birds still use fragments of all sizes, especially fragments of 80 ha or more. When open country species are combined with woodland birds, large fragments offer vital havens for bird bio-diversity in rural landscapes. ƒ For some native mammals, habitat quality may share equal importance with fragment size; for instance, even small fragments with large, old trees are heavily used by some smaller mammals. As the fragments become smaller, the more vulnerable mammal species do not occur. In some 2.5 ha fragments surveyed, no mammals at all were recorded. Vegetation structure, as well as the size of fragments, is also an important resource for mammals. ƒ Detection rates of arboreal mammals (common ringtail possum, common brush tail possum and sugar glider) were higher in fragments than in reference sites. This resulted from large-and medium-sized, hollow-bearing trees being far more common in most fragments than in the reference sites of the large forest blocks. Fragments on private land are vital as habitat because they frequently retain large, hollow-bearing trees that allow higher densities of these arboreal mammals. ƒ Consolidating existing fragments into larger patches of forest may help the recovery of many of the animals of the Box-Ironbark forest. Native vegetation along road sides or stream sides offer ideal ‘seeding’ areas for increasing the coverage of vegetation in a way that further increases biodiversity ƒ Expanding the area of existing remnant vegetation is an important priority for revegetation works. For example, if a fragment lies at a crossroad with existing roadside vegetation, planting local trees in the corners of adjacent paddocks will produce a much larger habitat, which in time will become a wildlife sanctuary. ƒ As native vegetation is cleared, the remaining fragments become more isolated.

It is noted that the fact sheet is based on a study of multiple fragments of native vegetation of about 10 ha, 20 ha, 40 ha and 80 ha in comparisons to the same sizes within existing large (>10,000 ha) tracts of Box-Ironbark forest in the St Arnaud, Dunolly and Rushworth forest blocks. To monitor small mammals, several very small fragments of 2.5 ha were also used. By comparison, the fragments associated with the Amendment range between 5.2 hectares and 0.06 hectares with only seven sites greater than 1 hectare in size.

The LSP notes that it unlikely that threatened fauna species would occur in the study area as it is located in a highly modified environment (see Table 10, page 54). In terms of flora, of these seven sites greater than 1 hectare, all are associated with the road alignment with the exception of site 23, which is within Area 1. Site 4 is within the Regional Park and by virtue of this, the vegetation is currently protected. Site 5 is a section of the proposed Link Road and this section of road has already been

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 41 constructed while constructing the access road to the Food Manufacturing Precinct. A planning permit was issued by the Department in 2004 for vegetation removal which specified requirements for off-set planting and rehabilitation.

The overall conservation significance of the remaining four sites is either high or medium, thereby limiting the amount of clearing that can occur, if any, with a large number of old trees associated with these sites.

As such, the Committee believes that the Framework takes into consideration the value of fragment vegetation for habitat protection. The Committee notes that once the road alignment is finalised, vegetation plans developed in conjunction with the Department have the potential to increase biodiversity if opportunities are sought to provide increased linkages between remaining remnants to produce a much larger habitat than what would have been provided by these smaller isolated fragments.

The Committee’s assessment of the scope of the Environmental Report is summarised in Figure Three of this report.

The Environmental Report does not address the issue of the land north and south of Heinz Street. Council indicated that this parcel of land was withdrawn from the Amendment following concerns expressed by the community regarding the potential impact on the adjoining Bendigo Regional Park and the principle of using regional parks as a buffer. Council subsequently undertook further investigations and advice was sought from Council and the BMG as to the suitability of the land for industrial development. BMG advised the Committee that it did not consider the land suitable given its topography, proximity to the Regional Park and nearby residences and native vegetation issues on site. Council subsequently resolved that this land would retain its Rural Living zoning.

Secondly, whilst it is clear that the Environmental Report does not address the values (including flora, fauna, recreation and heritage) of the adjoining Regional Park, the Department has noted that this information is readily available in the public domain and contained in the comprehensive ECC Box-Iron Bark Forests and Woodlands Investigation Final Report (June 2001). The Committee supports this view and sees no value in this information being reproduced or a further assessment being undertaken.

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Minister’s Requirements Committee’s Assessment Requirements met

Provide a summary for the reasons for No reference to the exclusion of this No deleting the land north and south of parcel of land from the Amendment. Heinz Street from consideration for a future industrial precinct.

Provide a description and map showing Provides a detailed listing of vegetation Yes the distribution and quality of remnant in the LSP area including private land vegetation in the LSP area, including and road reserves that could be private land and road reserves. potentially impacted by the Amendment.

Provide a summary of the values of the Not included. No adjoining Regional Park, including flora and fauna, recreation and heritage values, in general and as it relates to the Pratts Park Road frontage.

Evaluate the potential impacts of Provides an assessment of potential In part met Amendment C51 and LSP on both vegetation impacts and calculates remnant vegetation and relevant conservation status and habitat scores Regional Park values. based on flora and fauna impacts. However, it does not discuss the impact of the Amendment on the ecological values contained within the Park.

Identify management responses to Identifies potential mitigation measures Yes potential impacts, including any including the options for ESOs and/or proposed changes to the amendment, VPOs, relocation of the collector roads, such as the proposal application of ESO, a reduced footprint through any VPO or other relevant overlays. potential realignment as appropriate.

Identify any other environmental impacts No other environmental impacts Yes as applicable. identified. The report notes the need for the preparation of an Environmental Management Plan.

Figure 3: Committee’s Assessment of the Scope of the Environmental Report

A further perceived limitation of the Environmental Report by Submitters is that it failed to assess the landscape to be impacted by the Amendment and does not address whether, should clearing proceed to the extent outlined, the values of the Regional Park have been adversely impacted.

The principles for Native Vegetation Management include but are not limited to the: 1. Retention and management of remnant native vegetation as the primary way to conserve the natural bio-diversity across the landscape, that is all native vegetation has value and biodiversity values are not restricted to threatened and depleted vegetative communities; 2. The conservation of native vegetation and habitat in a landscape is dependant on the maintenance of catchment processes; and

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3. A landscape approach to planning native vegetation management is a requirement. Goals for native vegetation management will be based on bioregions, or sub-units, within the Catchment Management Authority regions and priority for vegetation management should be specific for each bioregion and catchment, that is the position of remnants in the landscape affects their conservation value.

As such, although the Environmental Report has not articulated the impact of the Amendment in the context of remnant vegetation and relevant Regional Park values, it is clear that the principles of the Framework are intended to take this into account and this is a function of the determination of conservation significance in combination with an assessment of other bio-diversity attributes.

The Department has subsequently indicated that the amended Environmental Report which incorporates an assessment of the proposed routes of the Outer Box and collector roads and the impact on remnant vegetation on freehold land has met the requirements for determining the impacts of the Amendment on both remnant vegetation and relevant Regional Park values. The Committee supports this view.

Given the existing uncertainty regarding the final impact of the road alignment, the Committee believes that at this time in the process, once the details of the road alignment are finalised, stakeholders would benefit from the development of either a Property Vegetation Plan under clauses 52.17-4 and 72 of the Scheme, or an endorsed Works Program that would form part of a planning permit. The other planning tool, a Native Vegetation Precinct Plan would require a further amendment to the Scheme. These tools were provided in Amendment C38 which made changes in March 2006 to the native vegetation provisions in all planning schemes.

4.3 FINDINGS

The Committee finds that the Environmental Report supplemented by information available through the ECC Box-Iron Bark Forests and Woodlands Investigation Final Report has identified the potential impacts of the Amendment and the LSP on both remnant vegetation and relevant Regional Park values.

The Environmental Report outlines the conservation significance of 35 sites which will assist and guide Council and VicRoads in the subsequent alignment of the Outer Box.

The Environmental Report also provides an indication of management and mitigation measures in terms of net gain offsets, however, Council will need to undertake further discussions with the Department to ensure that the principles of avoid, minimise and/or offsets have been adopted prior to the finalisation of the Outer Box alignment.

The Environmental Report has proposed the adoption of VPOs for sites rating a “high” conservation status, however this is not supported by the Department or this Committee.

The Committee finally draws Councils attention to the native vegetation planning tools in the Scheme, including, Property Vegetation Plans, Works Programs and through the introduction of another amendment, Native Vegetation Precinct Plans.

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The Committee considers that Council should consider use of these instruments in the further design of the road alignment and in the planning of areas such as the Transport Logistics Precinct. Once the road alignment is finalised, vegetation plans developed in conjunction with the Department have the potential to increase biodiversity if opportunities are sought to provide increased linkages between remaining remnants to produce a much larger habitat than what would have been provided by the smaller isolated fragments.

4.4 RECOMMENDATION

The Committee recommends that Council considers use of native vegetation planning tools in the Scheme to address ongoing native vegetation issues in the area, including, Property Vegetation Plans, Works Programs and through the introduction of another amendment, Native Vegetation Precinct Plans.

The next section of this report addresses the various land use proposals.

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5. LAND USE PROPOSALS

5.1 INTRODUCTION

The Amendment (including modifications recommended to the Committee by Council) proposes changes to the zoning of land and changes to planning overlay controls in East Bendigo.

5.2 PART AREA 1

Parcels of land abutting Murphy Street & in Ross Street (CA 14 Section 16E)

Rezone 9,940 m2 of vacant land from Industrial 1 Zone to Residential 1 Zone – Planning Scheme Map 19

The purpose of this rezoning is to provide additional residential land for the community.

Council advised the Committee that the rezoning would not compromise the role and function of the industrial precinct by encouraging the encroachment of a sensitive residential use on an existing or future industrial area.

Because of the existing industrial zone, it is relevant to refer to clause 15.06 of the Scheme, Soil contamination, the object of which is to ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely. The clause refers to Ministerial Direction No 1, Potentially Contaminated Land which provides that in preparing an amendment which would have the effect of allowing (whether or not subject to the grant of a permit) potentially contaminated land to be used for a sensitive use, agriculture or public open space, a planning authority (in this case the Council) must satisfy itself that the environmental conditions of that land are or will be suitable for that use.

Although Council has undertaken preliminary soil testing, the Committee understands that an environmental assessment has not been undertaken by an environmental auditor and consequently, a certificate of environmental audit has not been issued for the land. Accordingly, Council should require a certificate or an auditor’s statement before a sensitive use commences or buildings or works associated with a sensitive use commences. This requirement should be included in the Amendment through the application of an Environmental Audit Overlay when it is rezoned to Residential 1 Zone. The purposes of this overlay would be to implement planning policy and ensure that potentially contaminated land was suitable for a use which could be significantly adversely affected by any contamination. The Overlay would provide as follows: Before a sensitive use (residential use, child care centre, pre-school centre or primary school) commences or before the construction or carrying out

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of buildings and works in association with a sensitive use commences, either: ƒ A certificate of environmental audit must be issued for the land in accordance with Part of the Environment Protection Act 1970, or ƒ An environmental auditor appointed under the Environment Protection Act 1970 must make a statement in accordance with Part IXD of that Act that the environmental conditions of the land are suitable for the sensitive use.

Findings

This rezoning will provide additional residential land but should not compromise the role and function of the industrial precinct. The land should be assessed and a certificate or statement issued by an environmental auditor before a sensitive use commences or buildings or works associated with a sensitive use commences. This can be achieved by including a requirement in the Amendment that an Environmental Audit Overlay be applied to this land at the same time that it is rezoned to Residential 1 Zone.

Recommendation

The Committee recommends that the parcels of vacant land abutting Murphy Street and in Ross Street (CA 14 Section 16E) be rezoned from Industrial 1 Zone to Residential 1 Zone together with the application of an Environmental Audit Overlay.

5.3 PART AREA 1

Parcel of Crown land north of Heywood Road, East Bendigo

Rezone 6.5 ha Crown land gravel quarry from Industrial 1 Zone to Public Park and Recreation Zone – Planning Scheme Map 19

The purpose of this rezoning is to provide additional recreational land for the community and to prevent potential land use conflict. The LSP said the land presents an opportunity for use as parkland. The purpose of the proposed Public Park and Recreation Zone is to implement planning policy and: To recognise areas for public recreation and open space. To protect and conserve areas of significance where appropriate. To provide for commercial uses where appropriate.

Malcolm McClure Pty Ltd, the extractive industry operator of this quarry, made a submission stating that there was potential for future operations of a non-putrescible clean fill operation to fill the quarry void. The company wrote that under the proposed zoning, it could be argued that the void could be used as a landfill to create a public park. Council told the Committee that it had considered the possibility that the exhausted quarry site could be operated as a municipal landfill but had given a commitment that it would not be used for this purpose.

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The Department advised the Committee that the Environment Conservation Council (ECC) in its report on the Box-Ironbark Forests and Woodland Investigation (2001) recommended the site for the extraction of stone and that in due course, when no longer required for extraction, it be assessed for public land values and uses and where appropriate assigned to another public land use category, or made surplus. The State Government, in its response to this recommendation stated: Following completion of stone extraction from a Crown land site, an assessment of public land values will be undertaken, and following appropriate consultation, these areas be considered for re-categorisation, land exchange or disposal.

The Department said excavation activities had ceased about two years ago and that the site was being rehabilitated; information was provided about the Work Authority approved work plan for extraction activity. The Department drew the Committee’s attention to a set of principles and guidelines included in the ECC report for stone extraction that included standards for rehabilitation. Council may wish to review the rehabilitation plan to ensure that the final shape of the land is suitable for public recreation and open space, and that the final form could be designed to provide a link between other features such as the Chinese Diggings Historic Reserve to the south.

The Department has assessed the site as surplus to the Crown’s requirements and it has been added to the sales program pending determination of a Native Title claim. The Department in its 2003 submission wrote that it was: concerned about the implications of the rezoning of this land in regard to the ongoing extractive and rehabilitation operations, and sale of the surplus Crown land. The Department does not support this rezoning unless the capacity to address these matters can be adequately addressed.

The Department told the Committee it would prefer to see the site retain its industrial zoning until future management is resolved, however it also indicated that there were opportunities to create a link with the Chinese Diggings Historic Reserve (see section 5.5 below).

Findings

The Committee finds that the land, when suitably rehabilitated, should be suitable for public recreation and open space, particularly if opportunities were explored to create a link with the Chinese Diggings Historic Reserve. Council should be encouraged to work with the Department and Parks Victoria on future management of the land, and linkage issues.

Recommendations

The Committee recommends that: a) The parcel of Crown land north of Heywood Road be rezoned from Industrial 1 Zone to Public Park and Recreation Zone. b) Council works with the Department and Parks Victoria on the future management and shape of the land to ensure that it is suitable for public

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recreation and open space, and possible link with the Chinese Diggings Historic Reserve.

5.4 AREA 2

Parcel of Council land on western side of Baker Street

Rezone vacant Council land from Public Use Zone – Other Public Use 7 to Industrial 1 Zone – Planning Scheme Map 19

Two parcels of Council land (former East Bendigo Primary School) on western side of Murphy Street & north of Strickland Road

Rezone Council owned former East Bendigo Primary School from Public Use Zone – Other Public Use 7 to Industrial 3 Zone – Planning Scheme Map 19

Strip of land, 20 metres wide, south eastern corner of CA 144, Section O, Parish of Sandhurst, known as 20 Hyde Street, East Bendigo, west of Baker Street

Rezone vacant Council land from Public Use Zone – Other Public Use 7 to Public Park & Recreation Zone – Planning Scheme Map 19

The Explanatory Report indicates that the purpose of this group of rezonings is to provide and consolidate additional industrial areas, together with an associated buffer area.

Seven submissions raised concerns in relation to this rezoning proposal mainly in relation to the need to maintain an appropriate buffer distance between residential developments and industry. A further submission objected to the proposal in general citing “industrial rezoning next to residential area” as one of the major reasons.

In addition, two industry submissions were received which outlined difficulties with industrial development where there was an industrial/residential interface leading to conflict with residents and a consequential risk of restrictions being imposed on operational activities.

A submission from the Bendigo Manufacturing Group (BMG) supported the Amendment noting the need to “provide suitable buffer zones to provide security for business operators to invest with confidence in the region as well as protecting the amenity for residential properties around the industrial land”. Where possible, BMG stated that it would “encourage the establishment of further buffers through the acquisition of residential land and/or the establishment of Industrial Zone 3 without reducing the Industrial Zone 1 land area within the precinct”.

A review of the planning policy framework as it relates to buffer zones is incorporated within the following clauses:

Clause 15.04, Air Quality the general implementation of the policy includes that development is not prejudiced and community amenity is not reduced by air emissions, by ensuring, wherever possible, that there is suitable separation between potentially amenity reducing and sensitive land uses and developments. The

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Clause 17.03, Industry the objective of the industry policy includes the facilitation of sustainable development and operation of industry, specifically: Industrial activity in industrial zones should be protected from the encroachment of unplanned commercial, residential and other sensitive uses, which would adversely affect industry viability ... Adequate separation and buffer areas must be provided between sensitive uses and offensive or dangerous industries and quarries to ensure that residents are not affected by adverse environmental effects, nuisance or exposure to hazards. Planning and responsible authorities must have regard to recommended buffer distances for industrial residual air emissions (EPA 1990) and promote best practice risk and environmental management. ...

Clause 21.02.6, Industry notes there are large areas set aside for industrial development, particularly in the Bendigo urban area. However, many of these areas are not available for development by new, large industries because of a combination of factors including the availability of large lots, immediate access to reticulated services, direct access to major transport networks and the proximity of existing housing.

Under clause 21.05, Objectives, Strategies and Implementation, statements that relate to buffer zones include: ƒ ensure that existing and future industrial land is adequately protected from non- industry areas; ƒ apply the Industrial 1 Zone to the main industrial areas containing manufacturing industry, the storage and distribution of goods and associated uses; and ƒ apply the Industrial 3 Zone to other important industrial areas in order to provide a buffer between industrial areas and residential zones, including in the Craig Street Long Gully industrial precinct and the Goornong rural industry precinct.

Clause 22.01 Urban Growth and Consolidation Policy: “it is policy that prior to approval it must be demonstrated that the proposal does not intrude on the established buffers required by existing industry”.

Clause 22.06-01 Industrial Land Policy: “it is policy to prevent encroachment of residential development into industrial areas, as well as ensuring that new industrial developments are located an appropriate distance from existing residential areas”

Clause 52.10 Uses with Adverse Amenity Potential – Table 1 details recommended buffer distances for a range of particular industries.

One of the key issues in the LSP relates to land use compatibility. Section 5.1 of the LSP report notes the existing incompatibility of industrial uses with residential developments to the north-east and south of the study area. In particular, the report concludes:

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In relation to orderly and proper planning of the area, it is not appropriate for residential and to be directly adjacent to industrial 1 uses as it limits the opportunity to attract a wide scope of industrial activities. Note, further land use compatibility issues will arise in the study area unless there is clearly defined buffer areas between the main industrial precinct and the residential areas or rationalisation of some of the residential areas as a number of the industrial uses are no longer able to achieve their required threshold buffer distances from sensitive land uses.

It is subsequently proposed that the Local planning policies include an additional policy related to East Bendigo that incorporates the following statements in relation to buffer zones, stating that it is policy to: encourage industries which require large buffer distances to locate in the core of site-specific precincts; discourage additional residential development south of Nomads Road; protect existing industrial locations from encroachment by non-industrial uses, particularly residential development from the south; require the preparation of an On-Site Environmental Management Plan (EMP) for all permit applications.

Following initial submissions on the Amendment, Council resolved to make a number of changes including the provision of a 20 metre wide strip of land on the south eastern corner of CA144 Sec O Parish of Sandhurst (known as 20 Hyde Street, East Bendigo, west of Baker Street), to act as buffer between the proposed Industrial 1 Zone and the existing residentially zoned properties. This would in effect provide for a 40-metre buffer between industrial and residential properties, as it would incorporate the existing 20-metre Road Reserve.

Council contended that the Industrial 1 Zone was appropriate, as the land to the rear is zoned Industrial 1 Zone and that given the proximity to the railway line it was important to maximise the opportunity for industrial use. The inclusion of the additional landscape buffer would therefore provide the separation distances necessary and neither industry viability nor residential quality would be compromised. The purpose of the Industrial 1 Zone is to implement policy and: To provide for manufacturing industry, the storage and distribution of goods and associated uses in a manner which does not affect the safety and amenity of local communities.

Council told the Committee: The land is question is owned by Council and is surplus to its needs. The concern expressed was about having an Industrial 1 Zone abutting a Residential 1 Zone with only a road reserve as a buffer. The Council considered it important to retain the proposed Industrial 1 zoning, so as an alternative it resolved to include a 20 metre wide strip of Public Park and Recreation Zone land at the interface. The Council further resolved to landscape this buffer as soon as practicable after the approval of C51. …

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It is the City’s experience that in the majority of instances where there is industrial and residential land in close proximity, there tends to be less intensive industrial activity, such as warehouses and the like.

The Environment Protection Authority (EPA) advised that it did not consider the 20 metre strip of PPRZ sufficient to adequately separate conflicting land uses and reiterated its concerns about heavy industrial uses being permitted in close proximity to residential uses.

It is noted that both State and local planning policies are concerned with protecting industry viability (including future expansions) from encroachment by residential uses. It is also noted that even though, in some instances, the recommended buffer distances are less than the recommended AQ2/86 (as amended) distances, under the State Planning Policy Framework, the EPA document is identified as a consideration, rather than a rigid standard and it is appropriate to consider other factors that may reduce or potentially increase those separation distances.

Difference between the provisions of clause 52.10 and AQ 2/86 arise due to the different intended purpose. Clause 52.10 is primarily intended for the purpose of applying planning permits. On the other hand, EPA buffer distances are designed for residual air emissions and off site effects which may extend over greater distances – for example, noise or vibration – are not taken into consideration. In addition, the EPA buffer distances are intended to prevent sensitive uses encroaching on industry as well as industry encroaching on sensitive uses.

Threshold distances under clause 52.10 are defined at the perimeter of the property boundary, whereas EPA guidelines are from the point of discharge.

The advantage of designating an area IN1 as opposed to IN3 is that a planning permit is not required if the industry does not 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 stored goods or materials; and ƒ Emission of noise, artificial light, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.

In the event that this condition is not satisfied, the industry becomes a Section 2 use, for which a planning permit is required. Through this application, consideration would be given to a range of factors including the siting, deign and operation of the industry, the provisions of clause 52.10 and AQ 2/86 and potential off site impacts.

Although the LSP has identified that it is not appropriate for residential properties to be directly adjacent to Industrial 1 uses, as it limits the opportunity to attract a wide scope of industrial activities, Council believes that it can manage this interface through: ƒ Provision of a suitable buffer between the residential areas and the adjoining industrial area to the north west which in turn will facilitate consolidation of industry to the north west; and ƒ By encouraging industries which require large buffer distances to locate in the core of site-specific precincts, or through the use of planning permits

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incorporating where necessary demonstration of “best practice” environmental controls and the development of an Environmental Management Plan.

Findings

The Committee considers that a 40 metre buffer will provide negligible noise attenuation over this distance with the prospect of landscaping of the 20 metre strip of Public Park and Recreation land only serving to minimise the visual impact. Nevertheless, the Committee supports the proposal and trusts that Council will undertake the landscaping works as soon as possible.

There is sufficient anecdotal evidence throughout metropolitan Melbourne to suggest that industries that do comply with “best practice” environmental controls continue to have ongoing issues with nearby residential developments where appropriate buffer distances have not been maintained. Council has not considered the prospect that the additional level of environmental controls may eventually be a deterrent to industry as opposed to facilitating the consolidation of industrial development.

In addition, submissions received from various industrial representatives and BMG alluded to existing issues regarding noise between some industries and nearby residents, which the Committee believes would only be exacerbated by reducing the buffer zone.

Although Council has noted the prospect of siting particular industries in the core of industrial precincts, this management approach has limited potential given the restricted area available. The additional levels of management control potentially imposed by Council through either planning permits, best practice controls and/or the development of Environmental Management Plans would suggest a level of uncertainty for potential industrial developers that would be more sensibly managed in an Industrial 3 Zone. The purposes of the IN3 Zone are to implement policy and: To provide for industries and associated uses in specific areas where special consideration of the nature and impacts of industrial uses is required or to avoid inter-industry conflict. To provide a buffer between the Industrial 1 Zone or Industrial 2 Zone and local communities, which allows for industries and associated uses compatible with the nearby community. To ensure that uses do not affect the safety and amenity of adjacent, more sensitive land uses.

The Committee does not support the rezoning of the Council land in Baker Street from Public Use Zone – Other Public Use 7 to Industrial 1 Zone, instead preferring a rezoning to Industrial Zone 3. The Committee supports the other proposals.

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Recommendations

The Panel recommends that: a) The Council land on the western side of Baker Street be rezoned from Public Use Zone – Other Public Use 7 to Industrial Zone 3. b) The two parcels of Council land (former East Bendigo Primary School) on western side of Murphy Street & north of Strickland Road be rezoned from Public Use Zone – Other Public Use 7 to Industrial 3 Zone. c) The strip of Council land, 20 metres wide, on the south eastern corner of CA 144, Section O, Parish of Sandhurst, known as 20 Hyde Street, East Bendigo, west of Baker Street be rezoned from Public Use Zone – Other Public Use 7 to Public Park & Recreation Zone. d) Council undertakes landscaping works on the Council land in Hyde Street, as soon as possible.

5.5 AREA 3

Chinese Diggings Historic Reserve & White Hills Geological Reserve, corner of Murphy Street and Nomad Lane, East Bendigo

Apply Heritage Overlay and list site (HO 698) in the Schedule to the Heritage Overlay at clause 43.01 – Planning Scheme Map 19HO

The purpose of this overlay proposal is to protect sites on 4.1 ha of vacant Crown land reserves which are currently listed on the Victorian Heritage inventory. The sites are identified in the LSP.

The purposes of the Heritage Overlay are to implement planning policy and: 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.

The requirements of the overlay apply to heritage places specified in the schedule to the 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.

The Department in its 2003 submission drew attention to the possibility that the Chinese Diggings Historic Reserve would be isolated within an industrial precinct without consideration of opportunities to connect to other reserves and vegetated areas. In subsequent correspondence from the Department, the Committee was advised that Parks Victoria no longer had concerns about the proposed rezoning “if the

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environmental or heritage values of the site or visitor access or experience are not impacted” (letter from the Department to Council of 24 May 2006). The Department added that it would be appropriate if opportunities to create a vegetative link were investigated as part of any rehabilitation of the quarry site and the development of the historic/geological reserves area.

Findings

The Committee supports the protection of this land with an overlay and supports the need to explore opportunities to create a link to the Chinese Diggings Historic Reserve from the west as part of any redevelopment of the 6.5 ha Crown land gravel quarry site, north of Heywood Road.

Recommendations

The Committee recommends that:

a) The Heritage Overlay be applied to the Chinese Diggings Historic Reserve & White Hills Geological Reserve, on the corner of Murphy Street and Nomad Lane, East Bendigo and that the site (HO 698) be included in the Schedule to the Overlay.

b) Council explores opportunities with Parks Victoria to create a link to the Chinese Diggings Historic Reserve from the west as part of any redevelopment of the 6.5 ha Crown land gravel quarry site, north of Heywood Road.

5.6 AREA 4

Parcels of land on the south eastern corner of Rohs & Victa Roads, East Bendigo (18-30 Rohs Road, 6-16 Victa Road, 49-63 & 42-66 McDowalls Road, & 2-30 Piper Lane)

Rezone 23.2 ha of industrial and vacant land from Industrial 3 Zone to Industrial 1 Zone, including retention of existing Overlays (Airport Environs Overlay AEO1, Design and Development Overlay DDO1, Environmental Significance Overlay ESO1 and Land Subject to Inundation Overlay LSIO) – Planning Scheme Map 20

The Explanatory Report said the rezoning of this land is to provide additional suitable land which is able to accommodate a wider range of industries without compromising the amenity of the surrounding area. The LSP describes this area as potential Transport Logistics precincts which would attract freight, warehouse, storage and other transport related industries. It said it is important that the transport logistics be located in close proximity to the [proposed] inland port to take advantage of rail.

The purposes of the proposed industry zone were described above, whilst the purposes of the existing planning overlays, which are intended to remain, follow.

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The purposes of the Airport Environs Overlay are to implement planning policy and: To identify areas which are or will be subject to high levels of aircraft noise, including areas where the use of land for uses sensitive to aircraft noise will need to be restricted. To ensure that land use and development are compatible with the operation of airports in accordance with the appropriate airport strategy or master plan and with safe air navigation for aircraft approaching and departing the airfield. To assist in shielding people from the impact of aircraft noise by requiring appropriate noise attenuation measures in new dwellings and other noise sensitive buildings. To limit the number of people residing in the area or likely to be subject to significant levels of aircraft noise.

The purposes of the Design and Development Overlay are to implement planning policy, and To identify areas which are affected by specific requirements relating to the design and built form of new development.

The purposes of the Environmental Significance Overlay are to implement planning policy and: To identify areas where the development of land may be affected by environmental constraints. To ensure that development is compatible with identified environmental values.

The purposes of the Land Subject to Inundation Overlay are to implement planning policy and: To identify land in a flood storage or flood fringe area affected by the 1 in 100 year flood or any other area determined by the floodplain management authority. To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity. To reflect any declaration under Division 4 of Part 10 of the Water Act, 1989 where a declaration has been made. To protect water quality in accordance with the provisions of relevant State Environment Protection Policies, particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria).

The Council said the inclusion of a truck holding bay to support the East Bendigo Industrial Precinct and proposed its location to be in the south-west corner of the aerodrome reserve or at the Inland Port site. Council, however, advised the Committee that the Inland Port proposal was no longer being pursued.

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Three submissions were received which raised specific concerns regarding this proposal. The primary concern was that the rezoning would destroy the existing buffer between industry and residential properties thereby eroding residential rights to object to “noxious or polluting industry”. It was also noted that this area is one of the few agricultural areas left in Bendigo. It was argued that there is inherent value in retaining this area for purposes such as market gardens, to ensure the landscape remained in keeping with the current “green paddocks and horse grazing”. There was also specific concern regarding the potential impact that the subsequent industrial development of this area would have on flooding and drainage into the Grassy Flat Creek.

Five submissions raised concerns regarding the noise and pollution associated with fuel exhausts that the truck holding bay would create to the detriment of the nearby residents, with alternative suggestions for its location including in the vicinity of the old landfill site.

Further submissions raised concerns regarding zoning in the vicinity of the proposed Transport Logistics Precinct including: ƒ That the Horse Precinct finished at Nomad and Goddards Roads and did not include the properties to Victa Road. Currently the area between Nomad and Victa Roads is zoned Industrial 1 Zone. Residents believe that failing to include this area in the horse precinct had adverse implications for the future of their properties and the division between the two zones on either side of Victa Road; and ƒ That the vacant residential land bounded by McDowalls Road, Victa Road and the entrance to the airport to be rezoned IN1 Zone in line with adjacent zoning to the west of McDowalls Road. It was argued that under the existing zoning, if residential housing proceeded on this land then any required buffer areas for industrial development on land to the South of Victa Road might be compromised.

Conversely, another submission requested that their land currently located within the Horse Precinct and zoned residential be rezoned to industrial as originally exhibited with the Amendment. These submissions were in part supported by more general submissions that objected to the Amendment on the basis of inappropriate siting of industrial zones next to residential areas.

In clause 21.01-04 of the Scheme under the heading: “Key Issues and Influences – Industrial Diversification” there is a discussion on the importance of industry to the Bendigo economy and East Bendigo is promoted as the preferred location for future industrial development. Specific reference is made to the East Bendigo Food Manufacturing Precinct, but no other reference is made to other key industries such as transport and storage.

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Transport Logistics Precinct

A review of the Bendigo Industrial Land Strategy (2002) indicates that manufacturing provides employment for around 4,300 people, while the construction sector employs around 2,000 people, transport and storage employs almost 900 people and wholesaling employs around 1,400 people. These sectors are the principal occupiers of industrial land in the municipality, and together they account for 28% of all employed persons in Bendigo.

In terms of trends within the transport and storage sector, Bendigo lost a significant role in this sector between 1986 and 1996 and the level achieved in 1996 was only 58% of that held in 1986 in terms of employment as a ratio of population. By comparison, Ballarat and Geelong also fared less attractively than in 1986, while places such as Mildura and Warrnambool made important progress in Transport and Storage employment.

Although the statistics would seem to indicate a general decline in the transport sector, this may be indicative of other structural changes within the industry and hence it is difficult to correlate this information with the need for a transport precinct. In addition, the Bendigo Industrial Land Strategy makes no specific definition of 'industry', except to emphasise that the focus is placed on activities which locate in industrial land (which includes activities such as manufacturing, transport and storage, construction and wholesaling) and hence, it is difficult to disaggregate the need for industrial development with that of a transport precinct. However, interviews reported with industry representatives indicated the need for Council to identify areas for industrial development together with the types of suitable industry and ideas for improvement included “the provision of small transport companies that can service smaller industries”.

The LSP notes that the impetus for the preparation of the plan has come from “the findings of the Bendigo Industrial Land Strategy, June 2002 prepared for the City of Greater Bendigo by Gutteridge Haskins and Davey Pty Ltd and Essential Economics Pty Ltd”. Its purpose, in addition to providing recommendations for the future development of the East Bendigo area for industrial development, is to provide “locational analysis for different industrial uses” and presumably this would include reference to the Transport Logistics Precinct.

The LSP states, “the southern portions of the study area capitalising on the proximity of the Inland Port are two potential transport logistics precincts. The role and function of these two precincts is to attract freight, warehouse, storage and other transport related industries.” Currently a portion of the former Railway Workshop site is used by Empire Rubber.

The only specific reference to transport use is in relation to existing land use and buffer zones where it is indicated that the current land use includes industries “mainly engaged in providing passenger or freight transport by road, rail, water or air”. Transport and storage can also be subcategorised into transport and service and, storage and warehousing. A number of transport and storage uses require buffers, however, not all transport and storage do require buffers. Examples of transport and

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 58 storage uses not requiring a buffer in the study area include: Toll Ipec - transport and logistics and Epsom Truck rentals.

As such, it would appear that the Transport Logistics Precinct is intimately associated with the development of the Inland Port. Council, however, told the Committee that it is not proceeding with the development of the inland port proposal.

Council has articulated that the Transport Logistics Precincts – both to the east and west of Rohs Road, have the potential to accommodate transport-related activities and will be well serviced by the Link and Collector Roads. As the primary purpose is to provide “certainty for the community, landowners, developers and decision makers”, Council’s intention is to limit inappropriate development and resolve land conflicts, “so that each district may build on its strengths and achieve its economic potential”.

Council has argued that the concept of the Transport Logistics Precinct has been justified through the Bendigo Industrial Land Strategy that identified the need for “the provision of small transport companies” and recommended that East Bendigo be a target market for industry including “warehouse and storage and transport and terminals”. The Bendigo Industrial Land Strategy whilst identifying East Bendigo as the most prospective for industrial development did not recommend the need for such a rezoning. The subsequent structure plan prepared by Maunsell instead provided the “blueprint” for industrial development in the East Bendigo area that addressed issues including but not limited to: ƒ Identification of the short, medium and long term desire subdivision pattern for the precinct; and ƒ Provision of a secure vision for and statement of intent for the land for future developments, investors and land manager.

However, as noted earlier, this plan clearly links the Transport Logistics Precinct with the Inland Port proposal which Council is no longer pursuing.

Vegetation Protection

As noted earlier, the Department requested the inclusion of Area 4 within the amended Environmental Report. Of the 11 sites assessed within this area, seven sites were rated “high”, one “medium” and three of “low” conservation value. The Department subsequently indicated that overlays did not protect land that was currently zoned industrial (either IN3 or IN1) and hence there was no value to be gained in placing additional overlays over Area 4. Instead, any development of these blocks of land would require referral to the Department. This would occur irrespective of whether the land was zoned IN1 or IN3.

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Drainage

Residents raised concerns regarding the extensive urban development to the south of Strickland Road and the impact that any further development would have upon creek levels which in turn would threaten to flood home in McDowells Road.

The LSP makes specific comment on the drainage in this area. It notes: The City of Greater Bendigo’s Drainage Engineer has indicated that the land in the northern area of the study area, east of Rohs Road and south of Heinz Street is difficult to drain. The Land Subject to Inundation Overlay supports this, which is at its greatest width of approx. 225m in this region. The City’s Drainage Engineer has also noted that the area of broader influence may also experience drainage difficulties if developed. Any development would most likely require the provision of flood retarding basins to restrict the flows to their current levels.

The purposes of the overlay have been noted above. Council advised the Committee that a drainage retention basis has recently been constructed on the aerodrome to serve the upstream catchment that includes a substantial portion of the East Bendigo industrial area. A plan indicating the Grassy Flat Creek Flood prone areas together with a plan of the catchment area for the drainage was tabled by Council. This drainage reserve discharges into Racecourse Creek near the intersection of Heinz Street and Racecourse Road, which is north of the residential properties that abut the Grassy Flat Creek.

Council told the Committee that the drainage retention basin had been sized on the basis of the future anticipated hard standing, paving and internal roads associated with a Transport Logistic Precinct.

Buffers

The buffer planning provisions have been extensively reviewed in relation to Area 2. The provisions outlined for Area 2 similarly apply to Area 4. Area 4 is currently bounded as follows: ƒ IN1 – North, East, South and South-West; ƒ IN3 – North-West; and ƒ IN1, Low Density Residential Zone LDRZ and Special Use Zone SUZ7 across Victa Road to the north.

The Committee’s attention was drawn to the piece of vacant residential land bounded by McDowalls Road, Victa Road and the entrance to the aerodrome. Area 4 has negligible residential development in the immediate environs, with the LDRZ zoned area directly to the north the only residential zoning which is currently in privately ownership. If practicable, it would seem prudent that Council at some stage consider rezoning this area to Industrial 1 Zone to ensure that industrial development on land to the south of Victa Road is not compromised in the future. This measure would be consistent with Council’s view about the need to separate the industrial and residential precincts.

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Findings

The Committee notes that the proposal to construct an inland port and provide for an associated transport precinct and truck holding bay has been premature, with the Council providing no supporting information to demonstrate a need within the community. In particular, with the truck holding bay an outcome of the Transport Logistics Precinct and the truck holding bay directly associated with the inland port development, no justification has been provided for the continuation of the development of the Transport Logistics Precinct. As such, the Committee does not support the inclusion of a transport logistics precinct overlay, or the inclusion of a reference to a truck holding bay within the East Bendigo Industrial Precinct.

However, the Committee sees no reason to limit the Council’s desire to consolidate industries that may include transport and warehousing within the East Bendigo Industrial Precinct and notes that large holdings are available within the areas west and east of Rohs Road.

As noted earlier, the Explanatory Report stated that the rezoning of this land was to provide additional suitable land which is able to accommodate a wider range of industries without compromising the amenity of the surrounding area. Given the zoning of the immediate environs, the Committee supports the Council’s request for rezoning noting that such a rezoning in itself (i.e. without the overlay) will serve to discourage any further residential or inappropriate development.

Recommendations

The Committee recommends that: a) The parcels of land on the south eastern corner of Rohs and Victa Roads, East Bendigo known as Area 4 be rezoned to Industrial 1 Zone and that the existing Overlays (AEO1, DDO1, ESO1, LSIO), be retained. b) Council considers rezoning vacant residential land bounded by McDowalls Road, Victa Road and the entrance to the aerodrome to Industrial 1 Zone.

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5.7 AREA 5

Channel reserve abutting & south of the Council owned land

Rezone a Crown Land water channel from Rural Living Zone to Public Conservation & Resource Zone – Planning Scheme Map 20, and delete the Development Plan Overlay together with the incorporated Schedule 1 – Planning Scheme Map 20DPO

The Explanatory Report said the rezoning of this land is to correct a mapping anomaly. The purposes of the Public Conservation and Resource Zone are to implement the planning policy and: To protect and conserve the natural environment and natural processes for their historic, scientific, landscape, habitat or cultural values. To provide facilities which assist in public education and interpretation of the natural environment with minimal degradation of the natural environment or natural processes. To provide for appropriate resource based uses.

Deletion of the Overlay is necessary as it is applicable to land zoned Rural Conservation and Rural Living and to land zoned Farming in the Axe Creek area.

Findings

The Committee supports this correction to the Scheme.

Recommendation

The Committee recommends that the Crown land water channel reserve abutting and south of Council owned land on Planning Scheme Map 20 be rezoned from Rural Living Zone to Public Conservation & Resource Zone, together with the deletion of the Development Plan Overlay and incorporated Schedule 1.

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5.8 AREA 6

Part of the Bendigo Regional Park, east of Heinz Street, White Hills

Rezone 0.52 ha of Crown Land from Rural Living Zone to Public Conservation and Resource Zone – Planning Scheme Map 20, and delete the Development Plan Overlay together with the incorporated Schedule 1 – Planning Scheme Map 20DPO

The Explanatory Report said the rezoning of this land is to correct mapping anomalies. There is no reference to this proposal in the LSP.

Findings

The Committee supports this correction to the Scheme.

Recommendation

The Committee recommends that the Crown Land forming part of the Bendigo Regional Park, east of Heinz Street, be rezoned from Rural Living Zone to Public Conservation and Resource Zone, together with the deletion of the Development Plan Overlay and incorporated Schedule 1.

5.9 AREA 7

Aerodrome Related Industries Precinct, Victa Road, East Bendigo (CAs 191A, 92O & 92P, Section NO

Apply Development Plan Overlay and incorporate Schedule 14 at clause 43.04 – Planning Scheme Map 20DPO

The Explanatory Report said the introduction of this overlay over 28.4 ha, which is part of the Bendigo Aerodrome (zoned Special Use 7), is to provide Council with the opportunity to articulate the preferred development framework for the precinct without compromising the amenity of the area, or the role and function of the aerodrome. The purposes of the Special Use Zone are to implement policy and: To recognise or provide for the use and development of land for specific purposes as identified in a schedule in this zone.

The purposes of the Schedule are: To recognise and provide for the use and development of land for the Bendigo Aerodrome. To ensure that the combination of uses, the density, scale and character of any development do not prejudice the amenity of surrounding land.

The LSP said there is an opportunity to promote the Aviation Related Industries Precinct for aviation related industries to support the aerodrome. It said provision has been made within the south portion of the precinct for a Truck Holding Bay for the entire study area, or at what was to be the Inland Port site. Whilst the Committee does

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 63 not see a direct link between the aviation industries and a truck holding bay it is not concerned about the proposal on this land.

The purposes of the Development Plan Overlay are to implement planning policy and: To identify areas which require the form and conditions of future use and development to be shown on a development plan before a permit can be granted to use or develop the land. To exempt an application from notice and review if it is generally in accordance with a development plan.

A permit must not be granted to use or subdivide land, construct a building or construct or carry out works until a development plan has been prepared to the satisfaction of the Council. A permit granted must: ƒ Be generally in accordance with the development plan; and ƒ Include any conditions or requirements specified in a schedule to the overlay.

The proposed new Schedule 14 to the overlay, Aerodrome Related Industries Precinct provides, however, that a permit may be granted before a development plan has been prepared to subdivide, use land, construct buildings or to construct or carry out works. The proposed Schedule includes provisions that provide that development and subdivision must contribute to implementing the LSP and that all development must meet stated requirements about amenity, access, utility services, safety and operation, and use.

Council advised the Committee that it would be drafting a brief in the second half of 2006 for a consultant to prepare a ‘masterplan’ of the aerodrome, subject to the provision of funding.

At the Hearing, Council advised the Committee that some minor re-wording was required to remove some repetition in the DPO Schedule with the Special Use Zone provisions.

Findings

The Committee supports the introduction of the overlay and encourages Council to prepare or to facilitate the preparation of an aerodrome development plan as soon as possible.

The Committee agrees with Council about the need for some re-wording in the Schedule to remove repetition with the Special Use Zone provisions.

Recommendation

The Committee recommends that the Development Plan Overlay and a modified incorporated Schedule 14 at clause 43.04 be applied to the land within the Aerodrome Related Industries Precinct.

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 64 5.10 COUNCIL LAND NORTH OF THE FOOD MANUFACTURING PRECINCT

Rezone 27 ha of forested Council land (described as CA 92J), off Victa Road, north of the Food Manufacturing Precinct, Wellsford from Rural Living Zone to Public Use Zone 6 – Local Government, and delete the existing Development Plan Overlay together with the incorporated Schedule 1 – Planning Scheme Map 20DPO (Planning Scheme Map 20).

The Explanatory Report and LSP said the rezoning of this land would create a vegetation buffer for the Food Manufacturing Precinct. Deletion of the Overlay is necessary as it is applicable to the Rural Living Zone. The land has approximately 1 kilometre frontage with the Regional Park.

The purposes of the Public Use Zone are to implement planning policy, and: 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.

The Environment Council opposed the rezoning but supported the removal of the Development Plan Overlay. It said that remnant indigenous vegetation should itself be protected by buffers from the impacts of development. The Environment Council said the land should be added to the Bendigo Regional Park or at the very least made into a reserve that recognises its ecological value so that its preservation into the future is guaranteed.

The Department in its submission to Council in June 2003 did not support the rezoning of this land. The Department, however, advised the Committee at the Hearing that the undertaking by Council to use the land only as a buffer to the Food Manufacturing Precinct had alleviated its concerns regarding the rezoning of the land.

The Committee requested Council and the Department to consider the possibility of rezoning the land from Rural Living Zone to Public Park and Recreation Zone. Council advised the Committee that rezoning the land to Public Conservation and Resource Zone and seeking to have it incorporated into the Regional Park could compromise the planning of the adjacent Food Manufacture Precinct, as the planning regime for the precinct contains specific requirements for setbacks from the Regional Park and landscaping.

Council considered the matter at a Special meeting held on 14 March 2006 and agreed to place a covenant to protect the native vegetation on the land. Council advised the Committee that it was yet to confirm the mechanism with its lawyer but it envisaged entering into a conservation covenant with a body such as the Trust for Nature.

The Trust for Nature was established under the Victoria Conservation Trust Act 1972 to encourage and assist in the preservation of areas of ecological significance. The Committee understands that the Trust has entered into a number of such arrangements with municipal Councils to protect and enhance the natural, cultural and scientific

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 65 values of their land. These types of covenants are registered on the property title and bind any future owners. Section 3A (1) of this Act provides that: The owner of any land which the Trust considers to be ecologically significant, of natural interest or beauty, of historic interest or of importance in relation to the conservation of wildlife or native plants may, subject to obtaining the Minister's approval thereof under sub-section (8), enter into a covenant with the Trust which binds him as to the development or use of the land or any part thereof or the conservation or care of any bushland trees rock formations buildings or other objects on the land.

The Department, in a letter to Council, supports the Council resolution to covenant this land noting that it could be used as an offset for the clearance of vegetation. Although the site was still subject to assessment for “net gain” it is anticipated that the site would meet the requirements for offset with respect to vegetation removal on Pratts Park Road and possibly the entire area covered by this Amendment.

Findings

The Council land contains valuable and strategically located native vegetation and in time may well be subsumed and become part of the Regional Park. In the meantime Council’s proposal to enter into a covenant is supported and it is on this basis that the Committee agrees to the proposed rezoning of this important property.

The Committee also endorses the possible use of this land as an offset for the clearance of vegetation.

Recommendations

The Committee recommends that: a) The 27 ha of forested Council land (described as CA 92J), off Victa Road, north of the Food Manufacturing Precinct, Wellsford, be rezoned from Rural Living Zone to Public Use Zone 6 – Local Government, and that the existing Development Plan Overlay together with the incorporated Schedule 1, be deleted. b) Council enters into a covenant with the Victorian Trust for Nature, pursuant to the Victorian Conservation Trust Act 1972, to protect and enhance the natural, cultural and scientific values of Council land known as CA 92J, off Victa Road, Wellsford.

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5.11 O’KEEFE RAIL TRAIL

Rezone Crown land and Council owned walking trail from part Public Park & Recreation Zone and part Public Use 4 (Transport Zone) to Public Park & Recreation Zone.

During the Hearing submitters raised the prospect of the O'Keefe Trail being incorporated into this Amendment and rezoned PPRZ. Parts of the O'Keefe Trail are currently zoned PPRZ while other parts are zoned PUZ 4 (Transport).

The purposes of the PPR Zone is to implement the planning policy and to: To recognise areas for public recreation and open space. To protect and conserve areas of significance where appropriate. To provide for commercial uses where appropriate.

Council said it would need to consult with the Department and Parks Victoria, as well as with the O'Keefe Trail Committee but agreed it could include a reference to the proposal on the Figure 12 plan.

Council has earlier decided to delete the proposal from the LSP to develop the Grassy Flat Creek into a walking and cycling track.

Findings

The Committee supports a consistent approach to the zoning of this land.

Recommendations

The Committee recommends that:

a) Council includes the O'Keefe Trail as a proposed linear public open space reserve in the Local Structure Plan.

b) Council considers rezoning the O’Keefe Trail in a future amendment to the scheme to Public Park and Recreation Zone.

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5.12 LOT 1 LP 144759, KNOWN AS 39 PRATTS PARK ROAD

Rezone 2.298 ha former transport depot from Low Density Residential Zone to Residential 1 Zone. Mr Adrian Cummins, Licensed Surveyor, Adrian Cummins & Associates represented Mr and Mrs Bicket, the owners of this property, at the Hearing. Mr Cummins told the Committee that the Bickets supported the Amendment in relation to the designation of a proposed collector road to the east of their property in Pratts Park Road. He said approval of this part of the Amendment would assist his client to achieve a rezoning of their property for residential purposes. This land is not included in the Amendment but the future use and development of it has been considered by at least two earlier Panels: in June 2002, the Panel for Amendment C24 of the Scheme, and in April 2005, the Panel for Amendment C60. Amendment C24 proposed to rezone the property from Low Density Residential Zone (LDRZ) to the Mixed Use Zone. The Amendment also proposed to delete the Development Plan Overlay, Schedule 4, a control which manages development densities within the LDRZ. The Panel considered that the Amendment was not necessary, as the use of the land was not prohibited, and the desired outcomes could be achieved through a planning permit application. The Panel was not convinced that the Mixed Use Zone was the most appropriate zone for this location or to achieve the objectives of the Bendigo Industrial Land Strategy that was then under preparation. The Panel recommended that Council abandon the Amendment, progress a Permit Application for a transport depot, as a matter of urgency and in its Local Structure Plan, consider the most appropriate future zoning for the area and appropriate measures of managing the interface issues within the precinct. Council advised the Committee that the Amendment was abandoned in accordance with the recommendation but the land was not included in the LSP as the Panel Report was received after the process for developing the Plan had commenced. The transport depot has since ceased to operate. Amendment C60 proposed to include a replacement MSS into the Scheme, as well as the introduction of a new Local planning policy, the deletion of two and the revision of nine other policies. The Amendment did not contain any proposals to rezone property. The Committee does not have a copy of the submission but it appears from the Panel’s report that the Bickets were seeking certainty about future zoning and development potential, and that the Panel encouraged Council to resolve Amendment C51 and the route of the Link Road as quickly as possible. The Panel recommended that Amendment C60 be adopted, subject to a number of other recommendations and the Committee notes it came into operation in a modified form on 2 March 2006. Council advised the Committee that the future zoning of the property depends on the future alignment of the Link Road, south of the railway reserve. Council said if alignment shown in the LSP is adopted, then the rezoning of the property to R1Z might be appropriate. On the other hand, if the alignment of the Link Road is along Pratts Park Road then the R1Z would be inappropriate. The Committee makes no further comment on this matter. The next section of this report addresses the proposed new Local planning policy for the East Bendigo Industrial Precinct.

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6. EAST BENDIGO INDUSTRIAL PRECINCT LOCAL PLANNING POLICY

6.1 INTRODUCTION

The Amendment proposed to introduce a new Local planning policy East Bendigo Industrial Precinct to the Local Planning Policy Framework section of the Scheme.

Earlier this year, the Panel that reviewed Amendment C60 to the Greater Bendigo Planning Scheme, recommended that the potential to redistribute the Industrial Policy and other Local policies into the MSS be assessed during the next 3 Year MSS review. That Panel commented on the need for Local policies to have a strategic basis and also to be compliant with the VPP Practice Note, Writing a Local Planning Policy (1999).

Council, at the request of the Committee, reviewed the proposed policy in the light of matters that had arisen during the Hearing, the VPP Practice Note, comments received from the Department and the comments on the drafting of Local policies in the Amendment C60 Panel report. Council in response tabled a revised document for consideration by the Committee.

6.2 FINDINGS

The Committee believes that the proposed policy will be a key complementary document in support of the Amendment's objectives.

The Committee finds the existence of an appropriate Local policy in relation to the precinct is well justified, necessary and a helpful tool in interpreting Council's considered intensions in regard to the locus and direction of industrial development.

The Committee considers that the policy, with the following modifications, should provide a useful planning tool in the context of the LSP.

6.3 RECOMMENDATION

The Committee recommends that the East Bendigo Local Policy be adopted in the following modified manner: ƒ Revise Scheme clause number.

Objectives ƒ Insert a new objective - "To promote the continued development of infrastructure to service the East Bendigo Industrial Precinct"; and ƒ A new objective should be framed around improving access to, and circulation around, the Industrial Precinct which recognises the role of the Link Road with its proposed connections to the Outer Box route.

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Policies:

Amenity and Built Environment ƒ Point 2 - delete reference to horse agistment activities; ƒ Point 5 – delete reference to waste energy industry; ƒ Point 7 - delete; this relates to the redundant Commercial Centre proposal; and ƒ Point 8 - delete; this relates to future industrial development east and north east of the aerodrome which is now inappropriate.

Environmental ƒ Point 1 – correct the name of the Chinese Diggings Historic Reserve & White Hills Geological Reserve; ƒ Point 3 - delete reference to north-south open space link/spine, or alternatively retain the point with additional references to vegetation protection and flood mitigation along any adopted route; and ƒ New dot point – allow for the preparation of a Property Vegetation Plan, or alternative measure to achieve protection of native vegetation for individual properties.

Infrastructure ƒ Point 2 - clarify proposed East Bendigo Link Road and possible future road connections to it, in lieu of suggested "and possible Future Bendigo Link Road"; ƒ Point 4 – delete reference to Inland Port proposal; and ƒ Point 5 - delete reference to infrastructure development consistent with the Development Cost Report.

References ƒ Revise reference date.

The Committee’s overall conclusions on the matters it has considered are set out in next section of this report.

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7. CONCLUSIONS

7.1 INTRODUCTION

The Committee, in undertaking its task placed the following provisions of the Act near the forefront of its collective mind. Section 6 of the Act provides that a planning scheme (and hence an Amendment such as that considered by the Committee) “must seek to further the objectives of planning in Victoria within the area covered by the scheme”. Section 4 (1) of the Act provides that the objectives of planning in Victoria include: (a) to provide for the fair, orderly, economic and sustainable use, and development of land (g) to balance the present and future interests of all Victorians.

The Act further provides in section 4 (2) that the objectives of the planning framework established by the Act include: (c) to enable land use and development planning and policy to be easily integrated with environmental, social, economic, conservation and resource management policies at State, regional and municipal levels (d) to ensure that the effects on the environment are considered and provide for explicit consideration of social and economic effects when decisions are made about the use and development of land.

There are two further matters of importance; clause 11.01 of the State Planning Policy Framework states: The purpose of State policy in planning schemes is to inform planning authorities and responsible authorities of those aspects of State level planning policy which they are to take into account and give effect to in planning and administering their respective areas. It is the State Government's expectation that planning and responsible authorities will endeavour to integrate the range of policies relevant to the issues to be determined and balance conflicting objectives in favour of net community benefit and sustainable development.

Clause 11.02 of the State Planning Policy Framework is similarly an important consideration for this Committee as it includes the following “Goal”: The State Planning Policy Framework seeks to ensure that the objectives of planning in Victoria (as set out in Section 4 of the Act) are fostered through appropriate land use and development planning policies and practices which integrate relevant environmental, social and economic factors in the interests of net community benefit and sustainable development.

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The Minister for the Environment, in a Ministerial Statement on Environmental Sustainability (2005), which addresses one aspect of sustainability, referred to the following definition of sustainable development by the World Commission on Environment and Development (the Brundtland Commission) in the 1987 report Our Common Future: Development that meets the needs of the present without compromising the ability of future generations to meet their own needs.

The Committee has had regard to this definition. The task of assessing the Amendment in terms of net community benefit and sustainable development requires the consideration of community wide benefits and disbenefits overlaid with regard to sustainability. Thus to pass the assessment test, the gross community benefits and sustainability of a proposal must outweigh the gross community disbenefits and unsustainable aspects of the proposal. While there may be disbenefits and unsustainable features, the impact on specific individuals is outweighed by the benefits that would flow to the wider community.

7.2 NET COMMUNITY BENEFIT AND SUSTAINABILITY ASSESSMENT

In terms of the Amendment and LSP the Committee has recommended: ƒ That the revised East Bendigo Local Structure Plan be further revised and rewritten to reflect the matters discussed in this report (as well as issues raised by the Department) before it is approved; ƒ That a modified East Bendigo Local Policy be adopted; ƒ That a number of the exhibited rezonings be adopted, although the Committee has recommended modifications to some proposals; ƒ That the 27 ha of forested Council land off Victa Road, north of the Food Manufacturing Precinct, Wellsford be rezoned to Public Use Zone 6 – Local Government, and that the existing Development Plan Overlay together with the incorporated Schedule 1, be deleted, and that Council enters into a covenant with the Victorian Trust for Nature, pursuant to the Victorian Conservation Trust Act 1972, to protect and enhance its natural, cultural and scientific values; ƒ That Council works with the Department of Sustainability and Environment, and Parks Victoria on the future management and shape of the 6.5 ha Crown land gravel quarry site, north of Heywood Road, East Bendigo to ensure that it is suitable for public recreation and open space, and possible link with the Chinese Diggings Historic Reserve; and ƒ That Council includes the O'Keefe Trail as a proposed linear public open space reserve in the Local Structure Plan, and considers rezoning the trail to Public Park and Recreation Zone in a future amendment to the Scheme.

The Committee supports Council’s position to amend the route of the Link Road to retain the Outer Box network south of the intersection of Rohs Road and Victa Road, and not to support the relocation of the Outer Box through the Greater Bendigo National Park, south of McIvor Road, immediately opposite the Pratts Park road proposed realignment. The Committee believes that Council should consider the need

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 72 for Environmental Management Plans and noise attenuation measures to be undertaken as required in sections of the proposed arterial route.

The Committee has recommended that Council considers the use of native vegetation planning tools in the Scheme to address ongoing native vegetation issues in the area, including, Property Vegetation Plans, Works Programs and through the introduction of another amendment, Native Vegetation Precinct Plans; the Committee considers that Council should consider use of these instruments in the further design of the road alignment and in the planning of areas such as the Transport Logistics Precinct.

The Environmental Report outlines the conservation significance of 35 sites which will assist and guide Council and VicRoads in the subsequent alignment of the Outer Box and Link Road.

The Committee has found that the Environmental Report supplemented by information available through the ECC Box-Iron Bark Forests and Woodlands Investigation Final Report has identified the potential impacts of the Amendment and the LSP on both remnant vegetation and relevant Regional Park values.

The Environmental Report also provides an indication of management and mitigation measures in terms of net gain offsets, however, Council will need to undertake further discussions with the Department to ensure that the principles of avoid, minimise and/or offsets have been adopted prior to the finalisation of the Outer Box alignment.

The Committee accepts Council advice on the social and economic benefits of the Amendment and LSP, and agrees that the proposals should promote economic development and improve local employment opportunities.

The Committee assessed the Amendment (including the recommended modifications) in terms of community benefit and sustainability and determined the following benefits and disbenefits (without any attempt to weight, or to place them in any order):

Gross Community Benefits and Sustainability: ƒ Greater certainty through the preparation of a Local Structure Plan and Local planning policy; ƒ On-going economic strengthening of the local economy – this also has social benefits; ƒ Improved separation and protection of industry from residential development ƒ Improved road network but at the public’s cost; ƒ On-going protection of 27 ha of forested Council land off Victa Road, in a Public Use Zone, and a Council covenant with the Victorian Trust for Nature to protect and enhance its natural, cultural and scientific values; ƒ Utilisation of a gravel reserve as future public open space, together with possible opportunities to create a link to the Chinese Diggings Historic Reserve; and ƒ Protection of heritage areas.

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Gross Community Disbenefits and Unsustainability: ƒ Some removal of native vegetation, although the Committee has endorsed the possible use of Council land as an offset for the clearance of vegetation; and ƒ Traffic movement through certain residential areas, although the Committee considers that council will need to address the need for noise attenuation measures to be undertaken in sections of the proposed arterial route.

7.3 NET POSITION – THE COMMITTEE’S OVERALL FINDING’S & CONCLUSIONS

The Committee has recommended what it believes is the preferred net outcome of the Amendment assessed in a policy context that has integrated the whole range of applicable policies and balanced conflicting policies in favour of a net community benefit and sustainable development. To focus on one policy outcome to the exclusion of others fails to recognise this balancing exercise. The Committee believes the modified Amendment will implements the objectives of planning and that the LSP, if rewritten in terms of the recommendations of the Committee, will be consistent with planning policy.

The overall benefits of the Committee’s recommendations strongly outweigh the disbenefits, and will provide a solution that is in the best interests of the whole community, as well as fulfilling the objectives and requirements of the Act. The Committee has also suggested measures to address some of the disbenefits of the Amendment.

7.4 RECOMMENDATION

The Committee recommends that the Amendment be adopted subject to the modifications set out in this report.

The Committee’s recommendations are all listed in the next section of this report.

A checklist of the matters contained in Advisory Committee’s Terms of Reference, the Minister’s Direction No 11, Strategic Assessment of Amendments and the relationship of the Amendment to Melbourne 2030 is included in Appendix E.

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8. RECOMMENDATIONS

1. That Amendment C51 be adopted subject to the modifications set out in this report.

2. That the revised East Bendigo Local Structure Plan be further revised and rewritten to reflect the matters discussed in this report (as well as issues raised by the Department of Sustainability & Environment) before it is approved and included in the list of Reference Documents in clause 21.07 of the Scheme.

3. That the Figure 12 plan in the revised East Bendigo Local Structure Plan be redrawn to reflect the matters discussed in this report.

4. That relevant elements of a redrawn Figure 12 plan in the revised East Bendigo Local Structure Plan be used to update existing plans in the Scheme, including the Industrial Framework Plan at clause 21.07.

5. That the parcels of vacant land abutting Murphy Street, and in Ross Street (CA 14 Section 16E) be rezoned from Industrial 1 Zone to Residential 1 Zone together with the application of an Environmental Audit Overlay.

6. That the Crown land gravel quarry site north of Heywood Road be rezoned from Industrial 1 Zone to Public Park and Recreation Zone.

7. That the Council land on western side of Baker Street be rezoned from Public Use Zone – Other Public Use 7 to Industrial Zone 3.

8. That the two parcels of Council land (former East Bendigo Primary School) on western side of Murphy Street & north of Strickland Road be rezoned from Public Use Zone – Other Public Use 7 to Industrial 3 Zone.

9. That the strip of Council land, 20 metres wide, on the south eastern corner of CA 144, Section O, Parish of Sandhurst, known as 20 Hyde Street, East Bendigo, west of Baker Street be rezoned from Public Use Zone – Other Public Use 7 to Public Park & Recreation Zone.

10. That a Heritage Overlay be applied to the Chinese Diggings Historic Reserve & White Hills Geological Reserve, corner of Murphy Street and Nomad Lane, East Bendigo and that the site (HO 698) be included in the Schedule to the Overlay.

11. That the parcels of land on the south eastern corner of Rohs and Victa Roads, East Bendigo known as Area 4 be rezoned to Industrial 1 Zone and that the existing Overlays (AEO1, DDO1, ESO1, LSIO), be retained.

12. That the Crown land water channel reserve abutting and south of Council owned land on Planning Scheme Map 20 be rezoned from Rural Living Zone to Public Conservation & Resource Zone, together with the deletion of the Development Plan Overlay and incorporated Schedule 1.

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13. That the Crown Land forming part of the Bendigo Regional Park, east of Heinz Street, be rezoned from Rural Living Zone to Public Conservation and Resource Zone, together with the deletion of the Development Plan Overlay and incorporated Schedule 1.

14. That a Development Plan Overlay and a modified incorporated Schedule 14 at clause 43.04 be applied to the land within the Aerodrome Related Industries Precinct.

15. That the 27 ha of forested Council land (described as CA 92J), off Victa Road, north of the Food Manufacturing Precinct, Wellsford, be rezoned from Rural Living Zone to Public Use Zone 6 – Local Government, and that the existing Development Plan Overlay together with the incorporated Schedule 1, be deleted.

16. That Council enters into a covenant with the Victorian Trust for Nature, pursuant to the Victorian Conservation Trust Act 1972, to protect and enhance the natural, cultural and scientific values of Council land known as CA 92J, off Victa Road, Wellsford.

17. That Council includes the O'Keefe Trail as a proposed linear public open space reserve in the Local Structure Plan.

18. That Council considers rezoning the O’Keefe Trail in a future amendment to the scheme to Public Park and Recreation Zone.

19. That Council considers rezoning vacant residential land bounded by McDowalls Road, Victa Road and the entrance to the aerodrome to Industrial 1 Zone.

20. That the East Bendigo Local Policy be modified as set out in this report, and then adopted.

21. That Council considers the need for Environmental Management Plans and noise attenuation measures to be undertaken in sections of the proposed arterial route.

22. That Council considers use of native vegetation planning tools in the Scheme to address ongoing native vegetation issues in the area, including, Property Vegetation Plans, Works Programs and through the introduction of another amendment, Native Vegetation Precinct Plans.

23. That Council works with the Department of Sustainability and Environment, and Parks Victoria on the future management and shape of the 6.5 ha Crown land gravel quarry site, north of Heywood Road, East Bendigo to ensure that it is suitable for public recreation and open space, and possible link with the Chinese Diggings Historic Reserve.

24. That Council undertakes landscaping works on the Council land in Hyde Street, as soon as possible.

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 76 APPENDICES

A. SUBMISSIONS ...... 77

B. LIBRARY OF WRITTEN SUBMISSIONS & OTHER DOCUMENTS...... 80

C. REFERENCES AND PLANS...... 81

D. PLAN OF ALTERNATIVE REVISED LINK ROAD AND NEW COLLECTOR ROAD IN SOUTHERN PORTION OF PRECINCT...... 85

E. CHECK LIST FOR STRATEGIC ASSESSMENT GUIDELINES AND TERMS OF REFERENCE ...... 87

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 77

A. SUBMISSIONS

1 & 58. Environment Protection Authority (North West Region)

2. Ms E M Gordon

3. Admarco Pty Ltd

4. A & E Ellis

5. Mr G Curtain

6. Ms A Pattinson

7. A & A Broadhead

8. Ms D Cochrane

9. Mr E C Botterill

10 & 64. Advance Landscape and Leisure Pty Ltd

11 & 65. E & E Delves

12, 61 & 68. The Bendigo and District Environment Council Inc

13. Mrs J McIntyre

14. Mrs J Childs

15. Mr S Childs

16. Ms J Brown

17 & 62. L & M Semmens

18. Mr S Symes

19. Empire Rubber

20, 49, 70 &. Department of Primary Industries and Department of Late Sustainability & Environment Submission

21. Ray Wild Plumbing Services Pty Ltd

22. Mr D Hadlow

23. Bendigo Jockey Club Inc.

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 78

24. Crawford Refrigeration & Air Conditioning Pty Ltd

25, 63 & 66. A, N, L & K Worme

26. M J Hopley

27. The Bendigo Ski Boat Centre, Classique Ski Boats and Murphy Street Car Sales

28. Mr J Lindner

29. Ms J Matheson

30. Carlile Bendigo Pty Ltd

31. A & P Curtis

32. Phil Harrison Motors

33. Ms L Mills

34. Malcolm McClure Pty Ltd

35. Mr P Vanderfeen

36 & 72. VicRoads

37. Bendigo East Residents’ Action Group

38. Bushlinks

39. Mr Ian Friswell

40. Ms Brenda Jobson

41. Mr Keith Friswell

42. Mr Darren Griffith

43. Ms Lisa Mills

44 & 69. Ms Jane Tripp

45. Ms Jenny and Mr Paul McNeil

46. Ms Diane McIntosh

47 & 60. Mr Don E Ride

48. Mr Neil Burns

50 & 59 Adrian Cummins & Associates for John & Dorothy Bicket

51 J Hamilton

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 79

52. K & B Pratt

53. Bendigo Manufacturing Group

54. Australian Industry Group – Bendigo Branch

55, 67 &. Victorian National Parks Association Inc Late Submission.

56. DMC

57. Conceptz Pty Ltd for Mr David Roberts

71. AH & EC Knox, Trustees for Knox Family Trust.

Council also provided the Committee with letters dated 21 April 2006 from Leon M Scott, Director, Mayfair Park Industrial Estate, and one dated 26 April 2006 from R & D Borserio, KCH Paver & Garden Supplies.

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 80

B. LIBRARY OF WRITTEN SUBMISSIONS & OTHER DOCUMENTS

1. Table of contents of documents contained in the library

2. Copies of all documents and reports placed on exhibition by Council during the whole process (including the Amendment, both the original and revised East Bendigo Local Structure Plan and the Environmental Report)

3. List of submissions

4. Copies of all submissions

5. Copies of letters by the Minister for Planning (21 November 2003), Council (9 March 2004), and the Department of Sustainability & Environment (6 April 2004 & 13 April 2006)

6. Copies of reports and minutes when the matter was considered by Council (including on 3 February 2003, 21 July 2003, 1 March 2004, 7 September 2005, 14 March 2006, 19 April 2006 & 26 April 2006)

7. PPK (2002) East Bendigo Linking Road Study – Final Report

8. GHD & EE (2001) Bendigo Industrial Land Strategy

9. Bendigo 2020 Transportation Study

10. Expert witness reports provided to the Advisory Committee and Panel by Mark Trengove Ecological Services, Modified Vegetation Assessment (April 2005) (known as the Environmental Report) and Vegetation Assessment (March 2006), including replacement pages 47 & 48 circulated by Council on 18 April 2006

11. Directions & Further Directions issued by the Advisory Committee and Panel

12. Submissions and information submitted to the Advisory Committee and Panel for the Hearing held on 4 May 2006.

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 81

C. REFERENCES AND PLANS

References

Australian Business Council for Waste to Energy: A Guide for Local Sustainable Energy (2005) Authorities Bennett, B (1993) What is Biodiversity? Ecos 78 Summer 1993/94 Biosis Research Pty Ltd (1996) Flora & Fauna Assessment Proposed Extension to the Fosterville Gold project Boyden, S (2004) The Biology of Civilisation ABC Radio National Transcript Ockham’s Razor City of Bendigo et al (1993) Bendigo 2020 Transportation Study Final Report Bendigo 2020 Transportation Study Steering Committee City of Greater Bendigo (nd) Greater Bendigo Community Plan City of Greater Bendigo (nd) Council Directions 2005-2030 City of Greater Bendigo (nd) Council Plan 2005 – 2009 City of Greater Bendigo (2001) The Green Plan: A Natural Environment Management Strategy City of Greater Bendigo (2002) Bendigo Industrial Land Strategy GHD & Essential Economics City of Greater Bendigo (2002) Information Bulletins (Nos 1, 2, & 3) for the East Bendigo Local Structure Plan and Linking Road Study City of Greater Bendigo (2003) Bendigo Health Wellbeing Framework City of Greater Bendigo (2003) Revised East Bendigo Local Structure Plan Final Report (Revision C) Maunsell Australia Pty Ltd City of Greater Bendigo (2003) East Bendigo Local Structure Plan Linking Road Project Maunsell Australia Pty Ltd City of Greater Bendigo (2003) Bendigo East Land Strategy Plan Development Cost Report Maunsell Australia Pty Ltd`

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 82

City of Greater Bendigo (2005) Commercial Land Strategy Final Consultant Report Ratio Consultants Pty Ltd Department of the Environment & Does Your Natural Resource Heritage (nd) Management Project Comply with National Environmental Laws? Department of the Environment & Matters of National Significance Heritage (2005) EPBC Act – Principal Significant Impact Guidelines 1.1 EPBC Act Policy Statements Department of Infrastructure (1999) Writing a Local Planning Policy VPP Practice Notes Department of Infrastructure (1999) Vegetation Protection in Urban Areas VPP Practice Notes Department of Infrastructure (2000) Incorporated and Reference Documents VPP Practice Notes Department of Infrastructure (2002) Biodiversity VPP Practice Notes Department of Natural Resources & Bendigo Supply Area – Extractive Environment (1998) Industry Interest Areas Geological Survey of Victoria Technical Record 1998/6 Department of Natural Resources & Government Response to Environment Environment (2002) Conservation Council Box-Ironbark Forests & Woodlands Investigation Final Report Department of Natural Resources & Victoria’s Native Vegetation: A Environment (2002) Framework for Action Department of Natural Resources & Shrinking Patches. Environment (2002) Fragmentation and Habitat Loss: Flora and Fauna Notes Ralph MacNally Department of Sustainability & Urban Design Frameworks Environment (2002) Planning Note Department of Sustainability & Structure Planning for Activity Centres Environment (2003) General Practice Note Department of Sustainability & Activity Centres – Interim Structure Environment (2004) Plans Advisory Note Department of Sustainability & Key Issues to Address in a Structure Environment (2004) Plan: Additional Information DSE Planning website

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 83

Department of Sustainability & Strategic Assessment Guidelines for Environment (2004) Planning Scheme Amendments General Practice Note Department of Sustainability & Native Vegetation: Sustaining a Living Environment (2004) Landscape. Vegetation Quality Assessment Manual – Guidelines for Applying the Habitat Scoring Method. Version 1.3 Department of Sustainability & Managing Native Vegetation in the Environment (2006) Planning Scheme VPP Practice Note Department of Sustainability & New Native Vegetation Provision in Environment (2006) Planning Schemes Advisory Note Environment Conservation Council Box-Ironbark Forests & Woodlands (2001) Investigation Final Report Environment Protection Authority (1990) Recommended Buffer Distances for Industrial Residual Air Emissions Environment Protection Authority (2001) Approaches to Odour Management EPA Background Paper Environment Protection Authority (2002) Protecting Victoria’s Air Quality Information Bulletin Mark Trengove Ecological Services Modified Vegetation Assessment (known (April 2005) as the Environmental Report) – this report was replaced by Mark Trengove Ecological Services (March 2006) Mark Trengove Ecological Services Vegetation Assessment [with replacement (March 2006) pages 47 & 48 of April 2006] McCarthy, MA (2004) The Habitat Hectares Approach to Vegetation Assessment: An Evaluation and Suggestions for Improvement Minister for the Environment (2005) Ministerial Statement on Environmental Sustainability Parkes, D et al (2003) Assessing the Quality of Native Vegetation: The ‘Habitat Hectares’ Approach Ecological Management & Restoration Vol 4 Supplementary February 2003 Parkes, D et al (2004) The Development and Raison D’etre of ‘Habitat Hectares’ – A Response to McCarthy et al

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 84

Peleznski, S (2004) Criticism of the ‘Victoria’s Native Vegetation Management – A Framework for Action’ Document’s New Native Vegetation Accounting System The Bendigo & District Environmental Council Inc. Planning Panels Victoria (2002) Amendment C24 Greater Bendigo Planning Scheme: Report of the Panel Planning Panels Victoria (2005) Amendment C60 Greater Bendigo Planning Scheme: Report of the Panel Possingham, H (2003) The End of Land Clearing Australian Science PPK (2002) East Bendigo Linking Road Study Final Report Radford, J (2004) How Much Habitat is Enough Department of Sustainability & Environment Ramp, D (2004) Sharing the Environment: Counting the Cost of Wildlife Mortality on Roads Paper presented to National Wildlife Carers Conference Recher, HF (1999) The State of Australia’s Avifauna: A Personal Opinion and Prediction for the New Millennium Australian Zoologist 31 (1) June 1999 VicRoads (February 2005) Traffic Noise Reduction Policy State of the Environment Advisory Australia State of the Environment Council (1996) Executive Summary Department of the Environment, Sport & Territories Tagaza, E (1996) Making Tracks for the Future Ecos 90 Summer 1996/97 Williams, NSG et al (2001) The Potential Impact of Freeways on Native Grassland The Victorian Naturalist Vol 118 (1) 2001 World Commission on Environment & Our Common Future Development (1987)

Plans

Local Structure Plan East Bendigo Drawing No. Fig. 12 OPT 2 Revision H prepared by Maunsell Australia, and Tomkinson.

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 85

D. PLAN OF ALTERNATIVE REVISED LINK ROAD AND NEW COLLECTOR ROAD IN SOUTHERN PORTION OF PRECINCT

(Prepared by Council and tabled on Day Five of the Hearing)

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 86

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 87

E. CHECK LIST FOR STRATEGIC ASSESSMENT GUIDELINES AND TERMS OF REFERENCE

The Committee prepared the following checklist of the matters contained in Advisory Committee’s Terms of Reference, the Minister’s Direction No 11, Strategic Assessment of Amendments and the relationship of the Amendment to Melbourne 2030:

Why is the Amendment required?

See section 2 of this report.

Is the Amendment supported by a strategic study?

Yes. See sections 2 & 3 of this report.

What is the Committee’s assessment of the contents of the revised East Bendigo Local Structure Plan?

See section 3 of this report.

Does the Amendment implement the Objectives of Planning?

Yes. See section 7 of this report.

Does the Amendment adequately address environmental effects?

Yes. See sections 3, 4 & 5 of this report.

What is the Committee’s assessment of the findings of the Environmental Report?

See section 4 of this report.

Does the Amendment adequately address relevant social and economic effects?

Yes. See sections 3 & 5 of this report.

Does the Amendment comply with the Minister’s Directions?

Yes. See sections 3 & 5 of this report.

Does the Amendment support or implement State planning policy?

Yes. See sections 2, 3 & 5 of this report.

Does the Amendment compromise the implementation of Melbourne 2030?

No. See section 3 of this report.

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 88

Does the Amendments support or implement the Local planning policy Framework?

Yes. See sections 3, 4 & 5 of this report.

Are there clear links between the Amendment, the MSS, and the application of zones, overlays and policies?

Yes. See sections 3 & 5 of this report.

Does the Amendment use the most appropriate VPP tools?

Yes. See section 5 of this report.

Does the proposed new Local planning policy address the VPP Practice Note Writing a Local Planning Policy?

Yes. See section 6 of this report

Does the Amendment address the views of the relevant agencies?

Yes. See sections 3, 4 & 5 of this report.

What would be the outcome of the Amendment?

See section 7 of this report.

What impact would the Amendment has on the resources of Council?

Council advised the Committee, the increase in planning permit numbers would be negligible. The financial impact on the provision of infrastructure associated with the implementation of the LSP is discussed in section 3 of this report.

Does the Committee’s report include:

a) The Committee’s response to the matters detailed in Section 2 of the Terms of Reference?

Yes. See sections 1 & 4 of this report

b) The findings and recommendation of the Committee?

Yes. See section 4 of this report

c) Relevant information in support of the recommendations?

Yes. See section 4 of this report

d) A description of the methods used to arrive at the Committee’s findings, including a description of the Hearing and a list of those consulted or heard by the Committee?

Yes. See section 1 of this report, and Appendix A.

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006 Page 89

Did the Committee consider the views of all parties who made comments in relation to the Environmental Report and revised East Bendigo Local Structure Plan?

Yes. See section 1 of this report

Did the Committee consider the views of Greater Bendigo City Council?

Yes. See section 1 of this report

Did the Committee hold a public Hearing and invite submitters and others to make presentations?

Yes. See section 1 of this report

Did the Committee retain a library of written submissions or other supporting documentation?

Yes. See section 1 of this report and Appendix B.

Was the library of documents available for public inspection?

Yes. See section 1 of this report and Appendix B.

* * *

GREATER BENDIGO PLANNING SCHEME AMENDMENT C51 ADVISORY COMMITTEE AND PANEL REPORT: JUNE 2006