GREATER BENDIGO PLANNING SCHEME PAGE 317 CONDITION

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1 GREATER BENDIGO PLANNING SCHEME PAGE RESIDENTIAL 1 ZONE 18/06/2010 VC62 Shown on the planning scheme map as R1Z. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide for residential development at a range of densities with a variety of dwellings to meet the housing needs of all households. To encourage residential development that respects the neighbourhood character. In appropriate locations, to allow educational, recreational, religious, community and a limited range of other non-residential uses to serve local community needs Table of uses 18/06/2010 VC62 Section 1 - Permit not required USE Animal keeping (other than Animal boarding) CONDITION Must be no more than 2 animals. Apiculture Bed and breakfast Must meet the requirements of the Apiary Code of Practice, May No more than 6 persons may be accommodated away from their normal place of residence. At least 1 car parking spaces must be provided for each 2 persons able to be accommodated away from their normal place of residence. Carnival Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October Circus Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October Dependent person's unit Dwelling (other than Bed and breakfast) Must be the only dependent person's unit on the lot. Greenhouse gas sequestration Must meet the requirements of Clause Greenhouse gas sequestration exploration Home occupation Informal outdoor recreation Mineral exploration Mining Must meet the requirements of Clause Minor utility installation Natural systems

2 GREATER BENDIGO PLANNING SCHEME PAGE 318 USE Place of worship Railway Residential aged care facility Road Search for stone Telecommunications facility Tramway CONDITION Must be no social or recreation activities. The gross floor area of all buildings must not exceed 180 square metres. The site must not exceed 1200 square metres. The site must adjoin, or have access to, a road in a Road Zone. Must not be costeaning or bulk sampling. Buildings and works must meet the requirements of Clause Section 2 - Permit required USE Accommodation (other than Dependent person's unit, Dwelling and Residential aged care facility) Agriculture (other than Animal keeping, Animal training, Apiculture, Horse stables, and Intensive animal husbandry) Animal keeping (other than Animal boarding) if the Section 1 condition is not met Car park Car wash Community market Convenience restaurant Convenience shop Food and drink premises (other than Convenience restaurant and Take away food premises) Leisure and recreation (other than Informal outdoor recreation and Motor racing track) Medical centre Mineral, stone, or soil extraction (other than Extractive industry, Mineral exploration, Mining, and CONDITION Must be no more than 5 animals. Must be used in conjunction with another use in Section 1 or 2. The site must adjoin, or have access to, a road in a Road Zone. The site must adjoin, or have access to, a road in a Road Zone. The leasable floor area must not exceed 80 square metres.

3 GREATER BENDIGO PLANNING SCHEME PAGE 319 USE Search for stone) Place of assembly (other than Amusement parlour, Carnival, Circus, Nightclub, and Place of worship) Plant nursery Service station Store Take away food premises CONDITION The site must either: Adjoin a business zone or industrial zone. Adjoin, or have access to, a road in a Road Zone. The site must not exceed either: 3000 square metres square metres if it adjoins on two boundaries a road in a Road Zone. Must be in a building, not a dwelling, and used to store equipment, goods, or motor vehicles used in conjunction with the occupation of a resident of a dwelling on the lot. The site must adjoin, or have access to, a road in a Road Zone. Utility installation (other than Minor utility installation and Telecommunications facility) Any other use not in Section 1 or 3 Section 3 - Prohibited USE Amusement parlour Animal boarding Animal training Brothel Cinema based entertainment facility Extractive industry Horse stables Industry (other than Car wash) Intensive animal husbandry Motor racing track Nightclub Office (other than Medical centre) Retail premises (other than Community market, Convenience shop, Food and drink premises, and Plant nursery) Saleyard

4 GREATER BENDIGO PLANNING SCHEME PAGE 320 USE Transport terminal Warehouse (other than Store) Subdivision 09/10/2006 VC42 Permit requirement A permit is required to subdivide land. An application to subdivide land, other than an application to subdivide land into lots each containing an existing dwelling or car parking space, must meet the requirements of Clause 56 and: * Must meet all of the objectives included in the clauses specified in the following table. * Should meet all of the standards included in the clauses specified in the following table. Class of subdivision Objectives and standards to be met 60 or more lots All except Clause lots All except Clauses to , , and lots All except Clauses , to , , , and lots Clauses , , , , to Exemption from notice and review An application to subdivide land into lots each containing an existing dwelling or car parking space is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The objectives and standards of Clause Construction and extension of one dwelling on a lot 15/09/2008 VC49 Permit requirement A permit is required to construct or extend one dwelling on: * A lot of less than 300 square metres. * A lot of between 300 square metres and 500 square metres if specified in the schedule to this zone. A permit is required to construct or extend a front fence within 3 metres of a street if:

5 GREATER BENDIGO PLANNING SCHEME PAGE 321 * The fence is associated with one dwelling on: * A lot of less than 300 square metres, or * A lot of between 300 and 500 square metres if specified in a schedule to this zone, and * The fence exceeds the maximum height specified in Clause A development must meet the requirements of Clause 54. No permit required No permit is required to: * Construct or carry out works normal to a dwelling. * Construct or extend an out-building (other than a garage or carport) on a lot provided the gross floor area of the out-building does not exceed 10 square metres and the maximum building height is not more than 3 metres above ground level. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: * The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. * The objectives, standards and decision guidelines of Clause Construction and extension of two or more dwellings on a lot, dwellings on common property and residential buildings 15/09/2008 VC49 Permit requirement A permit is required to: * Construct a dwelling if there is at least one dwelling existing on the lot. * Construct two or more dwellings on a lot. * Extend a dwelling if there are two or more dwellings on the lot. * Construct or extend a dwelling if it is on common property. * Construct or extend a residential building. A permit is required to construct or extend a front fence within 3 metres of a street if: * The fence is associated with 2 or more dwellings on a lot or a residential building, and * The fence exceeds the maximum height specified in Clause A development must meet the requirements of Clause 55. This does not apply to a development of four or more storeys, excluding a basement. A permit is not required to construct one dependent person s unit on a lot. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: * The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. * The objectives, standards and decision guidelines of Clause 55.

6 GREATER BENDIGO PLANNING SCHEME PAGE Requirements of Clause 54 and Clause 55 The schedule to this zone may specify the requirements of: Standards A3, A4, A5, A10, A17 and A20 of Clause 54 of this scheme. Standards B6, B7, B8, B17, B28 and B32 of Clause 55 of this scheme. If a requirement is not specified in the schedule to this zone, the requirement set out in the relevant standard of Clause 54 or Clause 55 applies Buildings and works associated with a Section 2 use A permit is required to construct a building or construct or carry out works for a use in Section 2 of Clause Advertising signs Advertising sign requirements are at Clause This zone is in Category 3. Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of land. Check whether an overlay also applies to the land. Other requirements may also apply. These can be found at Particular Provisions.

7 GREATER BENDIGO PLANNING SCHEME PAGE 323 SCHEDULE TO THE RESIDENTIAL 1 ZONE Is a permit required to construct or extend one dwelling on a lot of between 300 square metres and 500 square metres? No Minimum street setback Clause 54 and Clause 55 Standard Standard A3 and Standard B6 Requirement None specified Building height Standard A4 and Standard B7 None specified Site coverage Standard A5 and Standard B8 None specified Side and rear setbacks Standard A10 and Standard B17 None specified Private open space Standard A17 Standard B28 None specified None specified Front fence height Standard A20 and Standard B32 None specified

8 GREATER BENDIGO PLANNING SCHEME PAGE PUBLIC USE ZONE 18/06/2010 VC62 Shown on the planning scheme map as PUZ with a number. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To recognise public land use for public utility and community services and facilities. To provide for associated uses that are consistent with the intent of the public land reservation or purpose Table of uses 18/06/2010 VC62 Section 1 - Permit not required USE Apiculture Carnival Circus CONDITION Must meet the requirements of the Apiary Code of Practice, May 1997 Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October Greenhouse gas sequestration Must meet the requirements of Clause Greenhouse gas sequestration exploration Mineral exploration Mining Must meet the requirements of Clause Natural systems Railway Railway station Road The total leasable floor area for the selling of food, drink and other convenience goods and services must not exceed 50 square metres Search for stone Telecommunications facility Tramway Any other use Must not be costeaning or bulk sampling. Buildings and works must meet the requirements of Clause The use must be for the purpose described in the table to Clause which corresponds to the notation on the planning scheme map. The use must be carried out by or on behalf of the public land manager.

9 GREATER BENDIGO PLANNING SCHEME PAGE 448 Section 2 - Permit required USE CONDITION Section 3 - Prohibited USE Nil Permit requirement A permit is required to: * Construct a building or construct or carry out works for any use in Section 2 of Clause This does not apply to navigational beacons and aids. * Subdivide land Application requirements An application for a permit by a person other than the relevant public land manager must be accompanied by the written consent of the public land manager, indicating that the public land manager consents generally or conditionally either: * To the application for permit being made. * To the application for permit being made and to the proposed use or development Decision guidelines Before deciding on an application to use or subdivide land, construct a building or construct or carry out works, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: * The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. * The comments of any Minister or public land manager having responsibility for the care or management of the land or adjacent land. * Whether the development is appropriately located and designed, including in accordance with any relevant use, design or siting guidelines Permit not required A permit is not required to use land, or to construct a building or construct or carry out works on land, listed in a schedule to this zone, provided any condition in the schedule is complied with Table of public land use Shown on the Planning Scheme Map PUZ1 PUZ2 PUZ3 PUZ4 Purpose of public land use Service and Utility Education Health & Community Transport

10 GREATER BENDIGO PLANNING SCHEME PAGE 449 Shown on the Planning Scheme Map PUZ5 PUZ6 PUZ7 Purpose of public land use Cemetery/Crematorium Local Government Other public use Advertising signs 15/12/2008 VC50 Advertising sign requirements are at Clause This zone, except for the PUZ4 (Transport), is in Category 4 unless a different requirement is specified in the schedule to this zone. For land within the PUZ4 (Transport), the category of advertising control which applies is the category which applies to the adjoining zone nearest to the land. If land is equidistant from two or more adjoining zones, the least restrictive category applies. Where the Road Zone is the nearest adjoining zone, a permit is required to display a sign. Note: Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of land. Check whether an overlay also applies to the land. Other requirements may also apply. These can be found at Particular Provisions.

11 GREATER BENDIGO PLANNING SCHEME PAGE 450 SCHEDULE TO THE PUBLIC USE ZONE Public land Use or development Conditions None specified Land Advertising Sign Category None specified

12 GREATER BENDIGO PLANNING SCHEME PAGE BUSINESS 1 ZONE 18/06/2010 VC62 Shown on the planning scheme map as B1Z. Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To encourage the intensive development of business centres for retailing and other complementary commercial, entertainment and community uses Table of uses 18/06/2010 VC62 Section 1 - Permit not required USE Apiculture CONDITION Must meet the requirements of the Apiary Code of Practice, May Betting agency Caretaker s house Carnival Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October Child care centre Any frontage at ground floor level must not exceed 2 metres and access must not be shared with a dwelling (other than a caretaker's house). Cinema Cinema based entertainment facility Circus Must meet the requirements of A Good Neighbour Code of Practice for a Circus or Carnival, October Dwelling (other than Bed and breakfast and Caretaker s house) Education centre Electoral office Food and drink premises (other than Hotel, Restaurant and Tavern) Any frontage at ground floor level must not exceed 2 metres. Any frontage at ground floor level must not exceed 10 metres and access must not be shared with a dwelling (other than a caretaker s house). Must not be a primary or secondary school. May be used for only 4 months before an election and 2 weeks after an election. Greenhouse gas sequestration Must meet the requirements of Clause Greenhouse gas sequestration exploration Home occupation Informal outdoor recreation

13 GREATER BENDIGO PLANNING SCHEME PAGE 376 USE Mineral exploration CONDITION Mining Must meet the requirements of Clause Minor utility installation Natural systems Office (other than Electoral office) Postal agency Railway Restaurant Road Search for stone Shop (other than Adult sex bookshop) Telecommunications facility Trade supplies Tramway The combined leasable floor area for all offices must not exceed any amount specified in the schedule to this zone. Any frontage at ground floor level must not exceed 2 metres and access must not be shared with a dwelling (other than a caretaker s house), unless the office is a bank, real estate agency, travel agency, or any other office where the floor space adjoining the frontage is a customer service area accessible to the public. Must not be on land specified in the schedule to this zone. Must not be costeaning or bulk sampling. The combined leasable floor area for all shops must not exceed any amount specified in the schedule to this zone. Buildings and works must meet the requirements of Clause The combined leasable floor area for all trade supplies must not exceed any amount specified in the schedule to this zone. Section 2 - Permit required USE Accommodation (other than Corrective institution and Dwelling) Adult sex bookshop Agriculture (other than Apiculture, Intensive animal husbandry) Bed and breakfast CONDITION Must be at least 200 metres (measured by the shortest route reasonably accessible on foot) from a residential zone or Business 5 Zone, land used for a hospital, primary school or secondary school or land in a Public Acquisition Overlay to be acquired for a hospital, primary school or secondary school.

14 GREATER BENDIGO PLANNING SCHEME PAGE 377 USE Hotel Industry Leisure and recreation facility (other than Informal outdoor recreation, Major sports and recreation facility, and Motor racing track) Mineral, stone, or soil extraction (other than Extractive industry, Mineral exploration, Mining, and Search for stone) Place of assembly (other than Carnival, Cinema, and Circus) Retail premises (other than Betting agency, Food and drink premises, Postal agency, Shop, and Trade supplies) Tavern Utility installation (other than Minor utility installation and Telecommunications facility) Warehouse Any other use not in Section 1 or 3 CONDITION Must not be a purpose listed in the table to Clause Must not be a purpose listed in the table to Clause Section 3 - Prohibited USE Corrective institution Extractive industry Intensive animal husbandry Major sports and recreation facility Motor racing track Use of land 21/09/2009 VC60 Amenity of the neighbourhood A use must not detrimentally affect the amenity of the neighbourhood, including through the: Transport of materials, goods or commodities to or from the land. Appearance of any building, works or materials. Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.

15 GREATER BENDIGO PLANNING SCHEME PAGE 378 Application requirements An application to use land must be accompanied by the following information, as appropriate: The purpose of the use and the types of activities which will be carried out. The likely effects, if any, on adjoining land, including noise levels, traffic, the hours of delivery and despatch of goods and materials, hours of operation and light spill, solar access and glare. The means of maintaining land not required for immediate use. If an industry or warehouse: The type and quantity of goods to be stored, processed or produced. Whether a Works Approval or Waste Discharge Licence is required from the Environment Protection Authority. Whether a notification under the Occupational Health and Safety (Major Hazard Facilities) Regulations 2000 is required, a licence under the Dangerous Goods Act 1985 is required, or a fire protection quantity under the Dangerous Goods (Storage and Handling) Regulations 2000 is exceeded. The likely effects on adjoining land, including air-borne emissions and emissions to land and water. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The effect that existing uses may have on the proposed use. The drainage of the land. The availability of and connection to services. The effect of traffic to be generated on roads. The interim use of those parts of the land not required for the proposed use Subdivision Permit requirement A permit is required to subdivide land. Exemption from notice and review An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. This exemption does not apply to land within 30 metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Provision for vehicles providing for supplies, waste removal and emergency services and public transport. The interface with adjoining zones, especially the relationship with residential areas.

16 GREATER BENDIGO PLANNING SCHEME PAGE 379 The effect the subdivision will have on the potential of the area to accommodate the uses which will maintain or enhance its competitive strengths Buildings and works 30/08/2006 VC40 Permit requirement A permit is required to construct a building or construct or carry out works. This includes the internal rearrangement of a building if the maximum leasable floor area specified in the schedule to this zone is exceeded. This does not apply to: * The installation of an automatic teller machine. * An alteration to an existing building façade provided: * The alteration does not include the installation of an external roller shutter. * At least 80 per cent of the building facade at ground floor level is maintained as an entry or window with clear glazing. * An awning that projects over a road if it is authorised by the relevant public land manager. Application requirements An application to construct a building or construct or carry out works must be accompanied by the following information, as appropriate: A plan drawn to scale which shows: The boundaries and dimensions of the site. Adjoining roads. The location, height and purpose of buildings and works on adjoining land. Relevant ground levels. The layout of existing and proposed buildings and works. All driveway, car parking and loading areas. Proposed landscape areas. All external storage and waste treatment areas. Areas not required for immediate use. Elevation drawings to scale showing the colour and materials of all buildings and works. Construction details of all drainage works, driveways, vehicle parking and loading areas. A landscape layout which includes the description of vegetation to be planted, the surfaces to be constructed, site works specification and method of preparing, draining, watering and maintaining the landscape area. Exemption from notice and review An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act. This exemption does not apply to an application for a building or works within 30 metres of land (not a road) which is in a residential zone or Business 5 Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

17 GREATER BENDIGO PLANNING SCHEME PAGE 380 The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal, emergency services and public transport. The provision of car parking. The interface with adjoining zones, especially the relationship with residential areas. The streetscape, including the conservation of buildings, the design of verandahs, access from the street front, protecting active frontages to pedestrian areas, the treatment of the fronts and backs of buildings and their appurtenances, illumination of buildings or their immediate spaces and the landscaping of land adjoining a road. The storage of rubbish and materials for recycling. Defining the responsibility for the maintenance of buildings, landscaping and paved areas. The availability of and connection to services. The design of buildings to provide for solar access. The objectives, standards and decision guidelines of Clause 54 and Clause 55. This does not apply to a development of four or more storeys, excluding a basement. Maintenance All buildings and works must be maintained in good order and appearance to the satisfaction of the responsible authority Neighbourhood and site description and design response An application for any of the following must be accompanied by a neighbourhood and site description and a design response as described in Clause 54.01: Construction or extension of one dwelling on a lot of less than 300 square metres. Construction of a dwelling if there is at least one dwelling existing on the lot. Construction of two or more dwellings on a lot. Extension of a dwelling if there are two or more dwellings on the lot. Construction or extension of a dwelling on common property. Construction or extension of a residential building. Satisfactory neighbourhood and site description before notice and decision The responsible authority must inform the applicant in writing: Before notice of an application is given, or If notice of an application is not required to be given, before deciding the application, that the neighbourhood and site description meets the requirements of Clause and is satisfactory or does not meet the requirements of Clause and is not satisfactory. If the responsible authority decides that the neighbourhood and site description is not satisfactory, it may require more information from the applicant under Section 54 of the Act. The responsible authority must not require notice of an application to be given or decide an application until it is satisfied that the neighbourhood and site description meets the requirements of Clause and it satisfactory. This does not apply if the responsible authority refuses an application under Section 52(1)(A) of the Act.

18 GREATER BENDIGO PLANNING SCHEME PAGE Advertising signs Advertising sign requirements are at Clause This zone is in Category 1. Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of land. Check whether an overlay also applies to the land. Other requirements may also apply. These can be found at Particular Provisions.

19 GREATER BENDIGO PLANNING SCHEME PAGE /05/2007 C85 SCHEDULE TO THE BUSINESS 1 ZONE Land Maximum combined leasable floor area (m 2 ) for office (other than electoral office). Maximum combined leasable floor area (m 2 ) for shop (other than adult sex book shop). Maximum combined leasable floor area (m 2 ) for trade supplies. Epsom Village Centre, known as Howard Street and Midland Highway, Epsom 2,000 Bendigo Marketplace Shopping Centre, known as Mitchell Street and Railway Place, Bendigo 26,000 Land on which a permit is required for restaurant None specified

20 GREATER BENDIGO PLANNING SCHEME PAGE LAND ADJACENT TO A ROAD ZONE, CATEGORY 1, OR A PUBLIC ACQUISITION OVERLAY FOR A CATEGORY 1 ROAD 09/10/2006 VC42 Purpose To ensure appropriate access to identified roads. To ensure appropriate subdivision of land adjacent to identified roads. Scope This clause applies to land adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay if the purpose of acquisition is for a Category 1 road. Permit requirement A permit is required to: Create or alter access to: A road in a Road Zone, Category 1. Land in a Public Acquisition Overlay if the purpose of acquisition is for a Category 1 road. Subdivide land adjacent to: A road in a Road Zone, Category 1. Land in a Public Acquisition Overlay if the purpose of acquisition is for a Category 1 road. Referral of applications An application to create or alter access to, or to subdivide land adjacent to, a road declared as a freeway or arterial road under the Road Management Act 2004, land owned by the Roads Corporation for the purpose of a road, or land in a Public Acquisition Overlay if the Roads Corporation is the authority responsible for acquiring the land, must be referred to the Roads Corporation under Section 55 of the Act. This does not apply to: Boundary realignments. Subdivisions of existing buildings already connected to services and requiring no new access. Two lot subdivisions requiring no new access. Proposals which, in the opinion of the responsible authority, satisfy requirements or conditions previously agreed in writing between the responsible authority and the Roads Corporation. Any other application must be referred to the owner of, or the authority responsible for acquiring, the adjacent land in the Road Zone, Category 1, or the Public Acquisition Overlay. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider: The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. The views of the relevant road authority.

21 GREATER BENDIGO PLANNING SCHEME PAGE 838 The effect of the proposal on the operation of the road and on public safety. Any policy made by the relevant road authority pursuant to Schedule 2, Clause 3 of the Road Management Act 2004 regarding access between a controlled access road and adjacent land.

22 GREATER BENDIGO PLANNING SCHEME PAGE HERITAGE OVERLAY 21/09/2009 VC60 Shown on the planning scheme map as HO with a number (if shown). Purpose To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To conserve and enhance heritage places of natural or cultural significance. To conserve and enhance those elements which contribute to the significance of heritage places. To ensure that development does not adversely affect the significance of heritage places. To conserve specifically identified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place. Scope The requirements of this overlay apply to heritage places specified in the schedule to this overlay. A heritage place includes both the listed heritage item and its associated land. Heritage places may also be shown on the planning scheme map Permit requirement 21/09/2009 VC60 A permit is required to: Subdivide land. Demolish or remove a building. Construct a building or construct or carry out works, including: Domestic services normal to a dwelling if the services are visible from a street (other than a lane) or public park. A solar energy facility attached to a building that primarily services the land on which it is situated if the services are visible from a street (other than a lane) or public park. A rainwater tank if the rainwater tank is visible from a street (other than a lane) or public park. A fence. Road works and street furniture other than: traffic signals, traffic signs, fire hydrants, parking meters, post boxes and seating speed humps, pedestrian refuges and splitter islands where the existing footpaths or kerb and channel are not altered A domestic swimming pool or spa and associated mechanical and safety equipment. A pergola or verandah, including an open-sided pergola or verandah to a dwelling with a finished floor level not more than 800mm above ground level and a maximum building height of 3 metres above ground level. A deck, including a deck to a dwelling with a finished floor level not more than 800mm above ground level. Non-domestic disabled access. Bicycle pathways and trails. Externally alter a building by structural work, rendering, sandblasting or in any other way.

23 GREATER BENDIGO PLANNING SCHEME PAGE 538 Construct or display a sign. Externally paint a building if the schedule to this overlay identifies the heritage place as one where external paint controls apply. Externally paint an unpainted surface. Externally paint a building if the painting constitutes an advertisement. Internally alter a building if the schedule to this overlay identifies the heritage place as one where internal alteration controls apply. Carry out works, repairs and routine maintenance which change the appearance of a heritage place or which are not undertaken to the same details, specifications and materials. Remove, destroy or lop a tree if the schedule to this overlay identifies the heritage place as one where tree controls apply. This does not apply: To any action which is necessary to keep the whole or any part of a tree clear of an electric line provided the action is carried out in accordance with a code of practice prepared under Section 86 of the Electricity Safety Act If the tree presents an immediate risk of personal injury or damage to property No permit required 15/09/2008 VC49 No permit is required under this overlay: * For anything done in accordance with an incorporated plan specified in a schedule to this overlay. * To internally alter a church for liturgical purposes if the responsible authority is satisfied that the alterations are required for liturgical purposes. * For interments, burials and erection of monuments, re-use of graves, burial of cremated remains and exhumation of remains in accordance with the Cemeteries and Crematoria Act 2003 * To develop a heritage place which is included on the Victorian Heritage Register Exemption from notice and review 15/09/2008 VC49 An application under this overlay for any of the following classes of development is exempt from the notice requirements of Section 52(1) (a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act: * Demolition or removal of an outbuilding (including a carport, garage, pergola, verandah, deck, shed or similar structure) unless the outbuilding is identified in the schedule to this overlay. * Demolition or removal of a fence unless the fence is identified in the schedule to this overlay. * External alteration of a building. * External painting. * Construction of a fence. * Construction of a carport, garage, pergola, verandah, deck, shed or similar structure. * Domestic services normal to a dwelling. * Carry out works, repairs and routine maintenance. * Internally alter a building * Non-domestic disabled access ramp. * Construction of a vehicle cross-over. * Construction of a domestic swimming pool or spa and associated mechanical equipment and safety fencing. * Construction of a tennis court. * Construction of a rainwater tank. * Construction or display of a sign. * Lopping of a tree.

24 GREATER BENDIGO PLANNING SCHEME PAGE 539 * Construction of seating, picnic tables, drinking taps, barbeques, rubbish bins, security lighting, irrigation, drainage or underground infrastructure, bollards, telephone boxes Decision guidelines 15/09/2008 VC49 Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: * The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. * The significance of the heritage place and whether the proposal will adversely affect the natural or cultural significance of the place. * Any applicable statement of significance, heritage study and any applicable conservation policy. * Whether the location, bulk, form or appearance of the proposed building will adversely affect the significance of the heritage place. * Whether the location, bulk, form and appearance of the proposed building is in keeping with the character and appearance of adjacent buildings and the heritage place. * Whether the demolition, removal or external alteration will adversely affect the significance of the heritage place. * Whether the proposed works will adversely affect the significance, character or appearance of the heritage place. * Whether the proposed subdivision or consolidation will adversely affect the significance of the heritage place. * Whether the proposed subdivision may result in development which will adversely affect the significance, character or appearance of the heritage place. * Whether the proposed sign will adversely affect the significance, character or appearance of the heritage place. * Whether the lopping or development will adversely affect the health, appearance or significance of the tree Use of a heritage place 15/09/2008 VC49 A permit may be granted to use a heritage place (including a heritage place which is included on the Victorian Heritage Register) for a use which would otherwise be prohibited if all of the following apply: * The schedule to this overlay identifies the heritage place as one where prohibited uses may be permitted. * The use will not adversely affect the significance of the heritage place. * The benefits obtained from the use can be demonstrably applied towards the conservation of the heritage place. Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider the effect of the use on the amenity of the area.

25 GREATER BENDIGO PLANNING SCHEME PAGE Aboriginal heritage places 17/09/2007 VC45 A heritage place identified in the schedule to this overlay as an Aboriginal heritage place is also subject to the requirements of the Aboriginal Heritage Act Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement, for strategies and policies which may affect the use and development of land Check the requirements of the zone which applies to the land. Other requirements may also apply. These can be found at Particular Provisions.

26 GREATER BENDIGO PLANNING SCHEME PAGE 611 PS Map Ref Heritage Place External Paint Controls Apply? Internal Alteration Controls Apply? Tree Controls Apply? Outbuildings or fences which are not exempt under Clause Included on the Victorian Heritage Register under the Heritage Act 1995? Prohibited uses may be permitted? Name of Incorporated Plan under Clause Aboriginal heritage place? HO Eaglehawk Road, Ironbark Wetterau building Yes No No No No No No No HO Eaglehawk Road, Ironbark Golden City Implements (Central Foundry) Yes Ref No. H1877 No No HO488 HO489 HO490 HO Eaglehawk Road, Ironbark Building 84 Eaglehawk Road, Ironbark British American Hotel 96 Eaglehawk Road, Ironbark Building 104 Eaglehawk Road, Ironbark Hopetoun Band Hall Yes No No No No No No No Yes No No No No No No No Yes No No No No No No No Yes No No Yes No No No No HO492 Happy Valley Road, Ironbark Victoria Hill Quartz Gold Mines Yes Ref No H1355 No No HO493 HO494 HO Marong Road, Ironbark Schinus Molle (Areira) 19 Nettle Street, Ironbark Building 50 Nettle Street, Ironbark Building No No Yes No No No No No Yes No No No No No No No Yes No No No No No No No

27 GREATER BENDIGO PLANNING SCHEME PAGE 557 PS Map Ref Heritage Place External Paint Controls Apply? Internal Alteration Controls Apply? Tree Controls Apply? Outbuildings or fences which are not exempt under Clause Included on the Victorian Heritage Register under the Heritage Act 1995? Prohibited uses may be permitted? Name of Incorporated Plan under Clause Aboriginal heritage place? HO8 HO9 HO10 HO11 HO12 HO13 HO14 HO15 HO16 Market Place, Bendigo Market Place Precinct Myers Street, Bendigo Myers Street Precinct Rosalind Park, Pall Mall and View Street, Bendigo Rosalind Park Precinct Rowan Street, Bendigo Rowan Street Precinct Short Street, Bendigo Short Street Precinct Stevenson Street, Bendigo Stevenson Street Precinct Tomlins Street, Bendigo Tomlins Street Precinct Calder Highway, Big Hill Big Hill Railway Precinct California Gully California Gully Precinct No No Yes No No No No No No No No No No No No No No No Yes No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No No

28 Planning and Environment Act 1987 GREATER BENDIGO PLANNING SCHEME AMENDMENT C128 EXPLANATORY REPORT Who is the planning authority? This amendment has been prepared by the Greater Bendigo City Council, which is the planning authority for this amendment. The amendment has been made at the request of Greater Bendigo City Council. Land affected by the amendment. The amendment applies to land throughout the municipality capable of subdivision and subject to Council's Infrastructure Design Guidelines, October The amendment also applies to land in Maiden Gully covered by the Maiden Gully Structure Plan, October1996, and land within the Bendigo Urban Growth Boundary (UGB), particularly in the vicinity of Bendigo Creek, assessed in the Cultural Heritage Report, May Other land affected by proposed changes to correct zones and overlays, and update the Planning Scheme include the following: Planning Scheme Map No. (8HO) Ordinance only. Address of land Loddon Valley Highway, Woodvale St Francis Xavier's Catholic Church Englishs Road, Goornong (part) being CA 1G, Section 5, Parish of Goornong. 11 CA 1H Cameron Street, Goornong, being CA 1H Section 5, Parish of Goornong. 13 CA 357 Loddon Valley Highway, Woodvale (part) being CA 357 Section A Township of Eaglehawk, Parish of Nerring Williams Road, CA 375A, Section A, Township of Eaglehawk at Nerring Allies Road, CA 271B, Section A, Township of Eaglehawk at Nerring. 14HO 48 High Street, Eaglehawk. Victorian Hotel. 14WMO 55 Clymo Road, Eaglehawk, being CA 47F, Section N, Parish of Sandhurst Skibo Heights, White Hills 4 Skibo Heights, White Hills 85 Kennewell Street, White Hills St Killian Street, White Hills From (current zoning) To (proposed zoning) Proposed Overlay Farming Farming Include in clause (HO721) Public Use 7 (other) Public Use 7 (other) Public Use 7 (other) Public Use 7 (other) Public Use 7 (other) Low Density Residential No change 1.78 Public No change 5.18 Conservation & Resource Farming No change 7.20 Public Conservation & Resource Public Conservation & Resource No change No change Area affected by rezoning (ha) Business 1 Business 1 Extend Heritage Overlay (HO362) Farming Farming Wildfire Management Overlay Public Use 1 Residential 1 No change 0.55 (Service & Utility)

29 Planning Scheme Map No. Address of land Kennewell Street, White Hills 95 Kennewell Street, White Hills 30 Buckland Street, White Hills 187 St Killian Street, White Hills 189 St Killian Street, White Hills 191 St Killian Street, White Hills 16 1 Kiln Lane, Epsom, shown as RES1 on PS ("Epsom Village" shopping centre). 16HO Midland Highway, Epsom ("Palms - Epsom") 16AEO Bendigo Airport, 35 Victa Road, East 17IPO, 18IPO & 22IPO 17DDO, 18DDO & From (current zoning) To (proposed zoning) Proposed Overlay Business 1 Public Park & Recreation No change 1.00 Business 1 Business 1 Heritage Overlay (719) No change No change Airport Environs Bendigo. Overlay (AEO2) Maiden Gully Township No change No change Delete Incorporated Plan Overlay (D-IPO2) Maiden Gully Township No change No change Design & Development 22DDO McCormacks Road, CA's 533, 534 & 534A, Section M, Township of Eaglehawk at Nerring McCormacks Road, CA 133K, Section A, Township of Eaglehawk at Nerring. 18 Road Reserve east of CA 133N, Section A, Township of Eaglehawk at Nerring. (18HO) Ordinance only (18HO) Ordinance only 18HO 18NCO Church Street, Eaglehawk, Primary School No. 210 (HO364). Shown as 87 Marong Road, Golden Square - change to Marong Road, Golden Square in the Ordinance Jackson Street, Long Gully (former Long Gully School No. 2120) Jackson Street, Long Gully (former Long Gully School No. 2120) 19 CA 1A, Sec F18, Parish of Sandhurst 53 Kennewell Street, White Hills 55 Kennewell Street, White Hills 147 St Killian Street, White Hills CA 1E, Sec F18, Parish of Sandhurst St Killian Street, White Hills Residential 1 Residential 1 Residential 1 Public Use 7 (other) and 83 Baxter Street, Bendigo Special Use (Private Education) Mill Street, Kennington Public Park and Recreation (part) 19 CA 131C, Parish of Sandhurst (opposite 49 Mill Street, Kennington) Public Conservation & Resource Public Conservation & Resource Public Conservation & Resource Public Use 7 (other) Overlay (DDO10) No change No change No change Cut and paste after HO363 Residential 1 Residential 1 Change address in Ordinance (HO499) Residential 1 Residential 1 Delete Heritage Overaly (D-HO545) part Residential 1 Residential 1 Delete Neighbourhood Character Overlay (D-NCO) part Public Use 1 Residential 1 No change 0.52 (Service & Utility) Residential 1 (part) Residential 1 No change 0.06 Residential 1 (part) Public Park & Recreation (part) No change 0.01 No change Mackenzie Street, Bendigo Business 4 (part) Residential 1 No change 0.02 (part) High Street, Bendigo and Residential 1 Business 4 (part) No change A Vine Street, Bendigo. (part) High Street, Bendigo Business 4 (part) Special Use 1 (private education (part) No change 0.03 Area affected by rezoning (ha) 2

30 Planning Scheme Map No. Address of land From (current zoning) High Street, Bendigo. Special Use 1 (Private Education or Religious Institutions) part 19HO Corner of Murphy Street and Nomad Lane, White Hills (Chinese Diggings Historic Reserve and White Hills Geological Reserve) Public Use 7 (other) To (proposed zoning) Proposed Overlay Business 4 (part) No change 0.02 Public Use 7 (other) Insert Heritage Overlay (HO720) 19HO 94 Baxter Street, Bendigo. Residential 1 Residential 1 Delete Heritage Overlay (D-HO94) 19HO 87 Charleston Road, Bendigo (former "Tomlins and Simmie Flour Mill"). Industrial 1 Industrial 1 Apply Heritage Overaly (HO107) (19HO) Ordinance only Shown as 11 Napier Street, White Hills, change to 559 Napier Street and 71 Napoleon Crescent, White Hills. Public Park & Recreation Public Park & Recreation to rear section Change address in Ordinance (HO679) 19EAO 176, 178 & 180 Wattle Street, Bendigo Residential 1 Residential 1 Delete Environmental Overlay (D-EAO) 20AEO Bendigo Airport, 35 Victa Road, East Bendigo Sheltons Road, Diamond Hill, being CA 81A, Section D, Parish of Mandurang 22 & 22PAO Primary School at Olympic Parade, Kangaroo Flat Condon Street, Kennington Public Use 1 (Service & Utility) Drechsler Street, Flora Hill; 7-13 Race Street, Flora Hill; and 7 Towers Street, Flora Hill. No change No change Airport Environs Overlay (AEO2) Public Rural No change 0.10 Conservation & Conservation Resource Residential 1 Public Use 2 (Education) Public Use 1 (Service & Utility) Autumn Gully Road, Spring Gully Public Conservation & Resource Delete Public Acquisition Overlay (D-PAO) Area affected by rezoning (ha) 3.26 Residential 1 No change 0.10 Residential 1 No change 0.11 Residential 1 No change HO 118 Olinda Street, Quarry Hill Residential 1 Residential 1 Delete Heritage Overlay (D-HO591) 24 5 Sullivans Road, Strathfieldsaye Public Use 1 (Service & Utility) part Residential 1 No change McIvor Highway, Longlea being CA 13A, Section 19, Parish of Axedale Back Kyneton Road, Heathcote being CA 8A (pt), Section 7A, Township and Parish of Heathcote. (former Shire of McIvor Council Depot). Public Conservation & Resource Industrial 3 (part) Rural Living No change 2.80 Rural Living (part) No change 0.65 What the amendment does. The amendment includes the Infrastructure Design Guidelines, October 2007 as a Reference Document into the Greater Bendigo Planning Scheme, deletes the Maiden Gully Structure Plan, October 1996, as an Incorporated Plan (IPO2), but includes it as a Reference Document and adds Design and Development Overlay (DDO10) to include the minimum subdivision lot sizes as previously specified in the precincts of the Structure Plan. 3