Planning for Growth - Reports

2.

Ordinary Meeting - 20 January 2016

PLANNING FOR GROWTH

2.1

PLANNING SCHEME AMENDMENT C218 - HIGH STREET

BOULEVARD CONSIDER SUBMISSIONS AND ADOPTION

Document Information
Authors

Morgan James, Planner Amendments and Philip DeAraugo, Place

Manager

Responsible
Director

Prue Mansfield, Director Planning & Development

Summary/Purpose
Amendment details:

The amendment rezones land along the southern highway

entrance into central Bendigo to Commercial 1 Zone to allow
above shop housing, which is prohibited under the current
zoning. A Design and Development Overlay will also be
applied to the area to guide how sites should be built. The
amendment also corrects a small number of zoning
irregularities.

Proponent:

City of Greater Bendigo - Strategy

No. of submissions:

8 (all support the amendment with 3 requesting minor

changes)

Key issues:

Recommendation:

Council adopt the recommendations detailed for each of the

submissions in this report and adopt the Amendment.

Availability of on street car parking

Vehicle access from High Street
Impact of rezoning on rates
Balancing development and heritage buildings

Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2015-2016 Update)
Planning for Growth
Housing options provide broader choice in order to meet current and future
community expectations and needs.
Productivity
Council fosters business and industry growth.

PAGE 10

Planning for Growth - Reports

Ordinary Meeting - 20 January 2016

Background Information
The key steps in the Amendment process are summarised below:

The zoning and development directions for this important city centre entrance area have
needed review for some time. The State Governments zones reform process in 2013
elevated the need to undertake this review. Council requested in its submission to the
Ministers zone reform process that the land be translated to the Commercial 1 Zone
instead of the default Commercial 2 Zone. This was not accepted.
Council then requested that the Minister undertake a streamlined rezoning process given
the strong policy and landowner support for the change. However in March 2015 the
Minister informed Council that he had decided not to exercise his powers to fast track the
amendment and instead recommended that Council seek authorisation to prepare an
amendment to the planning scheme using the standard amendment process.
Previous Council Decisions
30 July 2014 - Council resolved to request the Minister for Planning fast track
Amendment C207 to the Greater Bendigo Planning Scheme.
25 March 2015 - Council resolved to request the Minister for Planning to authorise
Council to prepare and exhibit amendment C218.
Report
Land affected by the Amendment
The amendment applies to land that is generally bounded by Don Street, Mackenzie
Street, Short Street, Creek Street North, Shamrock Street and High Street, Bendigo.

PAGE 11

Planning for Growth - Reports

Ordinary Meeting - 20 January 2016

The subject land contains approximately 85 properties covering approximately 12ha and
contains a wide mix of businesses, some residences and a large amount of land with
more intensive development potential. The land is mostly zoned Commercial 2 Zone
with some areas of Public Park and Recreation Zone and Special Use Zone. The area is
surrounded by a mix of Commercial 1 Zone and General Residential Zoned land. The
subject land is shown on the map below within the dashed line.

What the Amendment does

The Amendment proposes to rezone land along the southern entrance into central
Bendigo, commonly known as the High Street Boulevard, between Shamrock Street and
Short Street, Bendigo from the Commercial 2 Zone to Commercial 1 Zone to facilitate
higher density mixed use development. A Design and Development Overlay will also be
applied to parts of the land being rezoned to guide the built form of future development.
The amendment also corrects a small number of zoning anomalies.
Specifically the amendment proposes to:

PAGE 12

Planning for Growth - Reports

Ordinary Meeting - 20 January 2016

Rezone land bounded by Don Street, Mackenzie Street, Short Street, Creek Street
North, Shamrock Street and High Street, Bendigo from Commercial 2 Zone to
Commercial 1 Zone.
Rezone 130 Don Street, Bendigo from General Residential Zone/Commercial 2 Zone
to Commercial 1 Zone.
Rezone 123-131 High Street, Bendigo from Commercial 2 Zone to Special Use Zone
Schedule 10 as part of the Girton Grammar Vine Street campus.
Rezone 116-118 High Street, Bendigo from Special Use Zone - Schedule 10 to
Commercial 1 Zone.
Rezone part of 83-119 Mackenzie Street, Bendigo from Commercial 2 Zone to
Special Use Zone Schedule 10, as it is part of Girton Grammars Mackenzie Street
campus.
Rezone part of 9 Vine Street, Bendigo from Commercial 2 Zone to Public Park and
Recreation Zone, as it is part of the Londonderry Reserve.
Amend Clause 21.07 Economic Development to provide strategic direction for the
development of the area.
Apply a Design and Development Overlay to land fronting High Street to ensure
appropriate development outcomes.
Consultation/Communication
Exhibition Procedures
The Amendment was exhibited for one month from 8 October 2015 to 9 November 2015.
Notice was provided in the following manner:
Individual notices to owners and occupiers of land affected by the Amendment.
Notices to prescribed Ministers under Section 19(1)(c) of the Planning and
Environment Act.
Notices to all authorities materially affected under Section 19(1)(a) of the Act.
Public notice of the Amendment in the Bendigo Advertiser on 7 October 2015 and 10
October 2015.
Publication of the notice of the Amendment in the Government Gazette on 8 October
2015.
Access on-line.
Media release.

Submissions
Eight submissions were received (including 2 late submissions) with 5 from agencies and
3 from private land owners. All submissions support the amendment or requested minor
changes. The submissions are discussed further in the tables below:
Submitter 1: North Central Catchment Management Authority
Supports/Objects

Officer Response & Recommendation

Supports the amendment.

No change to the amendment.

PAGE 13

Planning for Growth - Reports

Ordinary Meeting - 20 January 2016

Submitter 2: W & M Cotsford 84 Mackenzie Street, Bendigo

Supports/Objects

Officer Response & Recommendation

Do not object to the amendment but have

long established concerns about the
impact on car parking availability in
Mackenzie Street from the ongoing
expansion of Girton Grammar School
and their lack of onsite car parking.

No change to the amendment.

Officers have had a number of
discussions with the submitter in order to
assess their concerns and determine if
they object to the amendment. It has
become clear that although they have
concerns about the car parking situation
in their street and Girton Grammar
School, they dont object or seek any
changes to this planning scheme
amendment. The submitters will remain
vigilant and interested in any future
development that may occur.
The Citys Parking Unit has advised that
car parking in the relevant section of
Mackenzie Street is classified as All day
unrestricted therefore people, such as
Girton Teaching staff, are permitted to
park there all day.
In terms of the potential impact of future
development on car parking, particularly
in regards to the Girton School and the
possible future development of the
Reece Warehouse site opposite the
submitter. Any extensive development of
either site in the future will generally
trigger a planning permit where off street
car parking should be provided. Adjoining
owners and occupiers will also generally
receive notice of any such permit
application where they will have the
opportunity to review the application and
object if they wish. This planning scheme
amendment makes no changes to car
parking requirements for the area.
Its also important to note that this area is
also subject to a Parking Overlay. A key
objective of this Overlay is to To provide
car parking in the Bendigo CBD that
promotes a vibrant and efficient urban
space, encourages sustainable transport
options and reflects the conditions,
opportunities and needs of the area and

PAGE 14

Planning for Growth - Reports

Ordinary Meeting - 20 January 2016

Submitter 2: W & M Cotsford 84 Mackenzie Street, Bendigo

Supports/Objects

Officer Response & Recommendation

means that permit applications in the
affected area need to comply with this
Overlay.

The submitters were initially concerned

that the rezoning of the site opposite
them currently occupied by the Reece
Plumbing Warehouse would facilitate the
expansion of Girton Grammar.

Officers discussed this concern with the

submitter and advised that the site in
question is not proposed to be rezoned to
Special Use Zone Schedule 10 (the zone
used for Girton Grammar) instead it is
proposed to be rezoned from
Commercial 2 Zone to Commercial 1
Zone to allow mixed use development.

Submitter 3: EPA
Supports/Objects

Officer Response & Recommendation

Supports the amendment.

No change to the amendment.

Submitter 4: Centrum Town Planning on behalf of Majex Pty Ltd 128 & 130
High Street, Bendigo
Supports/Objects

Officer Response & Recommendation

Supports the amendment but requests

two changes in regards to car parking
and heritage in the proposed Design and
Development Overlay.

Change the amendment as noted below.

Majex have purchased both 128 & 130

High Street, Bendigo with the intention of
seeking planning approval to redevelop
the sites for a new multi storey mixed use
(commercial and residential) building.
Preliminary discussions have been held
with planning officers and design options
are currently being explored.

Officers have had a number of

discussions with the submitters
consultant, who has confirmed their
support of the amendment and
satisfaction with the two changes below.

Car parking - The submitter is concerned

that the direction multistorey
developments should provide
underground or basement car parking
where possible to maximise useable floor
space could lead to an unreasonable
expectation that car parking should be
provided underground, without there
being any guidance to determine whether
it is possible or not. It is argued that

The intention of the DDO is to encourage

multi storey developments to provide
basement car parking where possible,
and to maximise the opportunity to get
active uses at street level. It is accepted
that there are circumstances where
basement parking is not possible, viable
or required. This is why the word should
has been used instead of must.

PAGE 15

Planning for Growth - Reports

Ordinary Meeting - 20 January 2016

Submitter 4: Centrum Town Planning on behalf of Majex Pty Ltd 128 & 130
High Street, Bendigo
Supports/Objects

Officer Response & Recommendation

basement car parking is expensive and

cannot be offset by development that is
small to medium scale, such as is
proposed in the DDO. It is requested
that the requirement be deleted from the
DDO.

However, it is accepted that greater

guidance upon the issue could be
provided and the following additional
point is proposed:
An application to provide ground level
parking for a multistorey development
must be accompanied by a site analysis
plan and written report documenting why
underground or basement car parking
cannot be achieved and how the
development will achieve the design
objectives of this schedule.
The submitters have since indicated their
satisfaction with the additional statement.

Heritage - In respect to the notation sites

of heritage interest, the submitter argues
that it is unclear as to what the notation
actually does as there is no other
mention of sites of heritage interest in
the DDO. Furthermore, the submitter is
unclear why the DDO has identified these
sites when each of them is already
covered by the Heritage Overlay, which
is the preferred tool for identifying and
protecting sites of heritage significance in
Victoria. It is requested that the notation
be deleted from Figure 1 in the DDO.

At the time of drafting the DDO a

reduction in the extent of the Heritage
Overlay precinct for the area to only
retain the HO on the sites of heritage
significance was considered.
Instead, it was decided that it would be
preferable to retain the precinct wide HO
and then identify the important heritage
sites to be retained in the DDO
framework plan, including 130 High
Street.
After considering this submission Officers
now consider that given the HO already
applies to the site and includes the
objectives to retain and enhance heritage
buildings, that it is unnecessary to repeat
it in the DDO and it is acceptable to
delete the notation from the figure. The
submitter has advised they are satisfied
with this change.

Submitter 5: J Kerr & P McKenna 130-134 Don Street, Bendigo

Supports/Objects

Officer Response & Recommendation

Supports the amendment and do not

request any changes.

No change to the amendment.

The submitters seek assurance that

Rates are generally based on the use of

PAGE 16

Planning for Growth - Reports

Ordinary Meeting - 20 January 2016

Submitter 5: J Kerr & P McKenna 130-134 Don Street, Bendigo

Supports/Objects

Officer Response & Recommendation

despite the proposed rezoning of their

property from General Residential Zone
to Commercial 1 Zone, that as long as
they continue to use the property as a
residence that their rates will continue to
be based on it being a residence.

a property; however, the value of the

property does have a relationship to the
planning controls applying to it through its
site value. The potential rezoning to
Commercial 1 Zone may over time
influence the site value of the property
and therefore the rates due to the zones
future development potential.
In general terms, properties that are
zoned Commercial 1 have a higher site
value than those of other zonings. This
is due to the broader range of uses that
are allowed to be carried out on such
properties, together with the fact that in
most cases the Commercial 1 Zone is
located in highly active and accessible
areas where more intensive business
activity is encouraged. However, this is
unlikely to eventuate due to the heritage
significance of the dwelling on this site.
In short, the submitters rates will continue
to be based on the use of the property,
but its value may be affected over time
by the more flexible planning control
proposed.
The submitters have since indicated that
there matters of concern have been
addressed and they do not object to the
amendment.

Submitter 6: Department of Economic Development, Jobs, Transport &

Resources
Supports/Objects

Officer Response & Recommendation

Supports the amendment.

No change to the amendment.

Would like continued involvement in the

future planning of the area.

The Department will be consulted during

the upcoming Planning Scheme
Amendment for the Integrated Transport
and Land Use Strategy.

Submitter 7: Department of Environment, Land, Water & Planning (late

submission)
PAGE 17

Planning for Growth - Reports

Ordinary Meeting - 20 January 2016

Supports/Objects

Officer Response & Recommendation

Supports the amendment with a

suggested change.

Accept the submission and make no

change to the amendment.

The Department suggested that the

zoning of 9 Vine Street Londonderry
Reserve be amended to Public Use
Zone 2 (Education) from Public Park and
recreation Zone to align with the current
usage (school and ancillary functions).

The City informed the Department that

the Reserve is a shared use site between
the public and Girton, with the City as
Committee of Management. The
Department advised that they were
unaware of this situation, and have now
agreed that the land should be zoned
Public Park and Recreation. No change
required.

Submitter 8: VicRoads (late submission)

Supports/Objects

Officer Response & Recommendation

Supports the amendment and requests

minor changes.

Accept the submission and change

amendment as below.

VicRoads requested the proposed

Design and Development Overlay
Schedule 20 to state the following:

Officers advised VicRoads they agreed

with the intent of the suggested changes
but had concerns with the use of must
as a mandatory requirement and
suggested should would be better to
allow the exercise of appropriate
discretion. VicRoads agreed with this and
must has now been replaced with should.

Vehicular movement and access

- Vehicle access to High Street is
limited and should be provided
wherever possible via side streets,
rear lanes or shared laneways.
- Should the vehicle access connect to
High Street, the access must be
designed so that cars can enter and
exit the site in a forward direction to
the satisfaction of the Roads
Corporation.
- The loading and unloading of
commercial vehicles must be
undertaken on the land and not on the
road reserve. Loading and service
vehicle access must be located and
designed to avoid conflict with
pedestrians and others vehicles, and
to minimise visibility from the street.

PAGE 18

Planning for Growth - Reports

Ordinary Meeting - 20 January 2016

Conclusion
It is recommended that Council accept the late submissions, adopt the recommendations
detailed for each of the submissions in this report and adopt the Amendment with
changes.
Options
Section 22(2) of the Planning and Environment Act 1987 advises that Council has the
option of accepting late submissions, but must do so if requested by the Minister for
Planning.
Section 23(1) of the Planning and Environment Act 1987 requires that in consideration of
submissions received in relation to an Amendment, the Council must either:
Change the Amendment in the manner requested by the submitters and adopt the
Amendment with changes; or
Refer the submission(s) to an Independent Panel appointed by the Minister; or
Abandon the Amendment, or part of the Amendment.
Resource Implications
The amendment provides a clearer strategic framework to guide decision making in the
area and the amendment will not generally increase the number of permits required but
instead provide another matter for consideration in permits already required.
The City is responsible for payment of statutory fees and costs incurred in the processing
of the Amendment. Officer time will be required to prepare the Amendment
documentation for adoption and liaise with the Minister for Planning.
Attachments
Copy of submissions (8)
RECOMMENDATION
That the Greater Bendigo City Council resolve to:
1. Accept the 2 late submissions; and
2. Adopt Greater Bendigo Planning Scheme Amendment C218 with the changes
recommended in this report; and
3. Forward the adopted Amendment to the Minister for Planning for approval.

PAGE 19