Planning for Growth - Reports

2.2

Ordinary Meeting - 16 November 2016

180-184 HIGH STREET, BENDIGO 3550 - PARTIAL DEMOLITION,

BUILDINGS AND WORKS TO EXTEND BUILDING, EXTERNAL
ALTERATIONS, INCREASE IN THE LIQUOR LICENCE AREA AND
ALTERATION OF AN ACCESS TO A ROAD ZONE CATEGORY 1

Document Information
Author

Chris Duckett, Planning Coordinator

Responsible
Director

Bernie OSullivan, Director Strategy and Growth

Summary/Purpose
Application details:

Partial demolition, buildings and works to extend building,

external alterations, increase in the liquor licence area and
alteration of an access to a Road Zone Category 1.

Application No:

DC/469/2016

Applicant:

B J Green

Land:

180-184 High Street (The National Hotel), BENDIGO 3550

Zoning:

Commercial 1 Zone
Road Zone 1
General Residential Zone

Overlays:

Heritage Overlay 11
Neighbourhood Character Overlay 1

No. of objections:

5 and 1 letter outlining concerns.

Consultation
meeting:

A meeting was held on 20th October, attended by 4 local

residents, the applicant, hotel operators and Cr. Williams.

Key considerations:

Conclusion:

Whether the heritage fabric of the building will be adversely

affected by the proposal.
Whether the proposed changes, including an increase in
the liquor licence area, will result in any amenity impacts.

The majority of this proposal is fully supported as it complies

with the Planning Scheme. However, the proposed alteration
to the faade facing Violet Street, comprising bi-fold doors,
would adversely affect the heritage significance of the place
and is contrary to the findings of a previous VCAT Order. A
single leaf door would be acceptable and a condition requiring
the opening to be reduced accordingly is recommended.
Residents have raised legitimate concerns which primarily

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Ordinary Meeting - 16 November 2016

relate to off-site amenity impacts which lie outside the scope of

this proposal. In terms of amenity impacts that can be
considered under this proposal, the area where the liquor
licence is increased is relatively small, well separated and
buffered from residential properties and does not increase the
number of patrons.

RECOMMENDATION
Pursuant to section 61 of the Planning and Environment Act (1987), Greater Bendigo
City Council resolve to issue a Notice of Decision to Grant a Permit for partial demolition,
buildings and works to extend building, external alterations, increase in the liquor licence
area and alteration of an access to a Road Zone Category 1 at 180-184 High Street,
BENDIGO 3550 subject to the conditions at the end of this report:
~~~~~~~~~~~~~~~~~~~~~~~~~
Policy Context
City of Greater Bendigo Council Plan 2013 2017 (2016-2017 Update)
Planning for Growth
Planning ensures residents have access to diverse, affordable and sustainable
housing choices.
Presentation & Vibrancy
Greater Bendigo is a community that values its heritage, arts facilities and major
events and supports arts and cultural experiences.
Productivity
Greater Bendigo has a vibrant and diverse economy that grows jobs and enables
good living standards.
Sustainability
The built and natural qualities that make Greater Bendigo an attractive and appealing
place are valued and conserved.
Background Information
The National Hotel operates under a number of permissions including some which
regulate activities which sit outside the planning process. In considering this application
it is important to set out where the various responsibilities lie.
Liquor licence
While the City issues many planning permits for liquor licences, the Victorian
Commission for Gaming and Liquor Regulation (VCGLR) also approves liquor licences
and many historic licences are in force that have not been through a planning process.
However, a planning permit is required in most instances where a licensee seeks to vary
an existing VCGLR licence.

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The National currently has a VCGLR approved licence for 390 patrons with consent to
serve alcohol on the premises to 1am other than Sundays and some public holidays. Off
premise consent for consumption of alcohol in the outdoor dining area is limited to 11pm.
Compliance with and enforcement of liquor licences is primarily the responsibility of
VCGLR and Victoria Police.
Outdoor dining facilities
Outdoor dining facilities on the public footpath are regulated through local law permits
issued by the City, which places certain restrictions on the premises relating to matters
such as hours of operation and controlling patron behaviour so as not to affect amenity.
The National has a local law permit for outdoor dining which expires on 31 July 2017.
The permit has the same hours as the liquor licence (consumption of alcohol until 11pm).
Compliance with local laws is primarily the responsibility of the Citys Local Laws Officer
who works in close consultation with Victoria Police when required.
Report
Subject Site and Surrounds
The subject site comprises a number of parcels with frontages to High Street, Violet
Street and Honeysuckle Street.
The site includes a Victorian-era, red brick hotel which sits on the corner of High and
Violet Streets, motel accommodation constructed in the late 1980s and car parking.
The sites main vehicular access is from Honeysuckle Street. There is also an egress
onto High Street via an existing driveway that is a former drive-thru bottleshop.
As shown in figure 2 below, the zoning of the site is General Residential Zone (pink) and
Commercial 1 Zone (mauve) and is affected by Heritage and Neighbourhood Character
Overlays.
The surrounding area is a mixture of residential and commercial buildings, with the
hotel/motel site abutting the residential area to the north.

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Planning for Growth - Reports

Ordinary Meeting - 16 November 2016

Figure 1: Location map showing subject site. Objectors' properties marked with a star.

Figure 2: Zoning map showing subject site.

Planning History
The site has an extensive planning history. Relevant to this proposal are the following
planning applications.

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Planning for Growth - Reports

Ordinary Meeting - 16 November 2016

Application No.

Proposal

Decision

2538/85

Extension
to the
restaurant/bistro.

3208/88

24 Unit Motel.

050/94

Alterations to hotel (including the Approved

bricking up of the door to a current
window opening).

DC/378/2007

Installation of new doors (in place of Approved by Council but

window facing Violet Street).
varied on appeal by
VCAT.

Hotel

for Approved
Approved

Proposal

Figure 3: Overall site plan

Figure 3 above identifies the location of the components of the proposal as:
12345-

Removal of crossover to an arterial road

Increased licence area fronting High Street
Extension of Hotel though infilling drive-thru
Alteration to facade to create an opening with a bi-fold doors
Replacement of a door with a timber framed window

Each component is discussed in more detail below.

1. Removal of crossover to an arterial road

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As the proposal will be removing an existing drive-thru configuration, there will be a need
to alter the former vehicular access by removing it.
2. Increased licence area fronting High Street
A liquor licence exists on the majority of the hotel site. However, there will be a small
extension into the new alfresco area in the former drive thru area. The total increase in
liquor licence area would be around 17 square metres. See figure 4 below.

Figure 4: Extended hotel with red line extension shaded

3. Extension of Hotel though infilling drive-thru

A cement sheet clad wall will be constructed to an existing drive thru to create an
extended conference room and an alfresco area (on the premises). An existing parapet
wall will be clad with feature tiles. There would also be a glazed enclosure which would
be setback from the street by 1m. The enclosure would include tiled columns. The
height of the enclosure would be 2.2m.

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Ordinary Meeting - 16 November 2016

Figure 5: Proposed outdoor dining area facing High Street

4. Alteration to faade to create an opening with a bi-fold doors

It is proposed to remove the existing window and demolish part of the original brickwork
of the faade facing Violet Street. This would create a 1.8m wide opening which would
be filled with timber bi-fold doors.
5. Replacement of a door with a timber framed window
It is proposed to remove an existing door which currently is the main entry to the hotel
bar area and replace it with a fixed window of the same size.

Figure 6: Existing elevation (top) and proposed elevation showing replacement doors

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Planning for Growth - Reports

Ordinary Meeting - 16 November 2016

Planning Controls - Greater Bendigo Planning Scheme

The following clauses are relevant in the consideration of this proposal:
State Planning Policy Framework

Clause 11.02 Urban growth

Clause 11.05 Regional development
Clause 15.11 Heritage

Municipal Strategic Statement

Clause 21.07 Economic development

Local Planning Policies

Clause 22.06 Heritage Policy

Clause 22.27 Licensed premises Policy

Other Provisions

Clause 32.08 General Residential Zone

Clause 34.01 Commercial 1 Zone
Clause 43.01 Heritage Overlay
Clause 52.06 Car parking
Clause 52.27 Licensed premises
Clause 52.29 Land adjacent to a Road Zone, Category 1

The need for a planning permit is triggered by the following clauses:

34.01 Buildings and works

43.01 Construct a building and carry out works which change the appearance
of a heritage place not undertaken to the same details, specifications and
materials.
52.27 Increase the area used for the sale and consumption of alcohol
52.29 Alteration to an existing access to a Road Zone, Category 1.

Consultation/Communication
Referrals
The following authorities and internal departments have been consulted on the proposal:
Referral

Comment

VicRoads

No objection subject to conditions

Traffic & Design

No objection subject to conditions

Drainage

No objection subject to conditions

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Planning for Growth - Reports

Ordinary Meeting - 16 November 2016

Public Notification
The application was advertised by way of notice on the site and letters to adjoining and
nearby owners and occupiers.
As a result of advertising, 1 letter of comment and 5 objections were received, with the
grounds of objection summarised as:

Introduction of a bi-fold door with resulting noise and traffic impacts;

No evidence or analysis of whether noise will affect residential properties;

Fixed bar seating and associated consumption of alcohol;

Parking and traffic congestion;

Future increase in patrons allowable under liquor licence;

Extended liquor licence will impact on the immediate amenity of the area;

Family friendly corner pub being turned into entertainment venue;

Hotel is in contravention of Liquor Control Reform Act;

The existing trading hours are not consistent with Council's Licensed Premises Policy
and other policy related issues;

Impact of additional outdoor dining area;

Anti-social behaviour;

Possibility of future live entertainment;

On-going issues with the management of the hotel.

The objections are discussed below.

Planning Assessment
Heritage and built form considerations
The site falls within the Rowan Street Heritage Precinct - HO11. The National Hotel is
not specifically listed as a heritage place in the Overlay nor is it within an individual
overlay.
Heritage is referenced as an important consideration throughout the Planning Scheme.
Clause 15.11 Heritage relates to the need to conserve and protect places associated
with the historic and cultural development of Victoria.
Clause 22.06 Heritage Policy includes the following relevant objectives:
To encourage the preservation, maintenance, restoration and where appropriate,
reconstruction of heritage places.
To encourage the sympathetic re-use and adaptation of heritage places so that such
places are maintained and enhanced.
It is policy to consider, relevant to this application:

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Additions and Alterations

Encourage additions and alterations that retain and protect the main
architectural style, structure and significance of the heritage place.
Ensure integration of new development by encouraging design that respects
the heritage place through its setting, location, bulk, form, materials and
appearance.
Ensure that alterations and additions to a heritage place do not detract from
the significance or views of adjoining heritage places and/or precincts.
Encourage additions and alterations that avoid demolition of a heritage place
and/or contributory elements; retaining facades only is discouraged.
Demolition
Encourage the retention of original elements that contribute to the significance
of a heritage place including but not limited to windows, doors, chimneys,
verandahs, shopfronts, fences, outbuildings and trees.
Decision Guidelines - General
Whether the proposal meets the objectives of this policy.
Whether the application responds to the relevant design suggestions in the
Greater Bendigo Heritage Design Guidelines, August 2015.
The views of a qualified Heritage expert, where appropriate.
The purpose of Clause 43.01 Heritage Overlay, relevant to this proposal is to ensure
that development does not adversely affect the significance of heritage places. The
decision guidelines of the clause reflect this.
Clause 43.01-4 sets out the decision guidelines that the responsible authority must
consider as appropriate. Those relevant to this proposal include whether the proposed
works will affect the significance, character or appearance of the heritage place.
As set out above there are three components to alterations to the building.
The alterations to create an extended conference room and al fresco area in the former
bottle shop area will not adversely impact on the heritage place as they only affect the
non-contributory elements of the place and will make little difference to the way in which
the original building is read from the street.
The alteration to the heritage faade has two components. Installing a fixed window in
place of an existing door on the diagonal corner is acceptable as the door is not an
original feature and there would be no change to the brickwork or the outward
appearance of the building.
However the alteration to introduce a bi-fold door on the Violet Street faade will have an
adverse impact and this is discussed below.
The VCAT Decision
The consideration of the previous application by the Tribunal in 2008, is a good place to
start in the assessment of the contentious heritage component of this application.

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Planning for Growth - Reports

Ordinary Meeting - 16 November 2016

The previous application in 2007 was for approval of a 3.6m wide, five leaf, timber
stacker door in place of an existing window - the same window that is the subject of this
application. Officers had recommended refusal of the application but Council resolved to
approve it. The decision was challenged at VCAT by National Trust (Bendigo Branch).
At the VCAT hearing, photographs were produced which showed that a door was in
place dating back to 1971 and a review of the planning history suggests that the door
was changed into a window as result of a planning permit in 1994. So the current
window configuration may not be in its original form.
The Tribunal summarised the opposing arguments, which were essentially an
undermining of the heritage fabric versus facilitating a sympathetic reuse and
maintenance of a heritage place.
The Tribunal acknowledged that the hotel was not in a pristine or original state and would
have supported a 3.6m wide door in the High Street elevation which has had some
unsympathetic alterations. However, the Violet Street facade is largely unaltered and the
door would be out of proportion with other window and door openings.
The Tribunal agreed with the Citys Heritage Advisor and Planning staff that the
replacement of the window with a door of the same opening width was an acceptable
heritage outcome. The Member commented that this would in part meet the applicants
objective of improving pedestrian access between indoors and outdoors.
Although this proposal is for a window half the size of the previous proposal, the same
principles apply, in that it would be out of proportion with existing window and door
openings and would be removing original fabric from a largely intact faade. As the
proposal would affect the rhythm and proportions of the faade and remove original brick
it would not comply with the Citys heritage policy on the demolition of and alterations to
original features. In accordance with the policy, the views of the Citys qualified heritage
expert have been taken into account in forming this judgment.

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Figure 7: Photo of window opening

In light of the factors discussed above, it would not be appropriate to approve the
alteration sought. However, as all other aspects of the proposal are acceptable from a
heritage perspective it is appropriate to approve the development with the same
condition that VCAT imposed on the earlier application allowing a door opening of the
same proportions as the existing window.
The proposal has also been considered against the relevant decision guidelines for
buildings and works in the Commercial 1 Zone. Of particular relevance to this application
are the guidelines that consider the interface with residential areas and car parking. Both
of these issues are discussed in detail below.
Off-site amenity impacts
The main considerations in relation to amenity are the impacts from the use of the new
outdoor dining area fronting High Street and the consequent increase in liquor licence
area.
Council has its own local liquor licence policy at Clause 22.28 of the Planning Scheme.
The policy has the purposes of ensuring that licensed premises are situated in
appropriate locations and that the impact of the licensed premises on the amenity of the
surrounding area is considered. An assessment of the policy is provided below:

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Planning for Growth - Reports

Policy
Requirement

Ordinary Meeting - 16 November 2016

Measurement

Assessment

Bendigo Liquor
Accord

Evidence of commitment to the

Bendigo Liquor Accord and adherence
to the principles of the Accord.

The operators are not a

signatory to the Accord but have
advised that they adhere to the
principles and attend Accord
meetings.

Amenity

The operation of the licensed premises

will not permit or cause undue
detriment to the amenity of the area to
occur out of or in connection with the
use of the premises.

The extended licensed area will

be further away from residential
properties than the existing
licensed area and is unlikely to
result
significantly
harmful
amenity.

Noise

The licensed premises to undertake

measures to limit noise emissions from
the premises.

The
nearest
residential
accommodation to the increased
licence area are the motel rooms
on-site.

Noise
emissions
from
licensed
premises to comply with the standards
specified in the State Environmental
Protection Policy.

As the motel is within the same

ownership it is reasonable to
assume that this would have a
self-regulating effect on any
noise, as patrons of the motel
would most likely be the first to
complain.

Noise emitted from the premises will

not detrimentally impact on residential
properties.

The nearest dwellings are

around 75m away from the
extended area (beyond the
motel), and any noise would
most likely be buffered by the
motel building.

The operation of the licensed premises

will ensure the safety of patrons.

Security measures already exist

and no additional measures are
required for such a small
increase in area.

Safety

The operation of the licensed premises

will not impact on the safety of the
surrounding area and in particular, the
safety of persons residing in, or
travelling through that area.

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Planning for Growth - Reports

Policy
Requirement
Location

Ordinary Meeting - 16 November 2016

Measurement

Assessment

The location of the licensed premises

will not detrimentally impinge on
residential properties.

This policy largely relates to new

premises.

Cluster development of licensed

premises will not be encouraged
outside the Entertainment Precinct.

In relation to the extended area,

as discussed in the noise section
above, it will be unlikely to
adversely impact residential
properties.

New licensed premises will be

discouraged from locating in a
residential zone or within a 100 metre
buffer area from a residential zone.
Extended hours for existing licensed
premises in a residential zone or within
a 100 metre buffer area from a
residential zone will be discouraged.
Patron
capacity

The maximum number of patrons

permitted on the licensed premises will
be limited to the safe and amenable
operating capacity of the premises as
set out in the Building Regulations
1994.

Patron numbers as permitted by

the existing liquor licence are
unchanged.

Licensed premises operators are

required to ensure that the maximum
number of patrons allowed on the
premises is not exceeded.
Car parking

Licensed premises are to provide car

parking as required in accordance with
the
Greater
Bendigo
Planning
Scheme, Clause 52.06.
Discussed below

Traffic

The operation of licensed premises

does not detrimentally impact on car
parking availability and the functioning
of local traffic networks.

Complaint
procedures

Licensed
premises
to
develop
standard procedures to be undertaken
by all staff in the event of complaints.

PAGE 36

The applicant has advised that

they
have
a
complaints
procedure in place.

Planning for Growth - Reports

Policy
Requirement
Hours
operation

of

Ordinary Meeting - 16 November 2016

Measurement

Assessment

Outside the Entertainment Precinct,

the following hours of operation will
generally be supported:

There is no change in the hours

of operation.

Sunday: 10am to 11pm

Good Friday: 12 noon to 11pm
Anzac Day: (not being a Sunday) 12
noon to 1am the following morning
On any other day: 10am to 1am the
following morning.

Clause 52.27 liquor licence has the purposes of ensuring that licensed premises are
situated in appropriate locations and that the impact of the licensed premises on the
amenity of the surrounding area is considered.
The clause also has decision guidelines which reflect the purpose of the clause. This
provision does not raise any issues over and above those discussed in the local liquor
licence policy.
In summary, for the reasons stated above the increase in the area in which alcohol will
be served complies with liquor licensing policy and is acceptable.
A number of other matters have been raised by residents which may cause amenity
impact but they lie outside the scope of this application for the reasons discussed below:

Introduction of a bi-fold door with resulting noise and traffic impacts

It has been suggested that the bi-fold door will result in more patron movements between
the hotel bar and the outdoor dining area. This may well be the case but the outdoor
dining area is exempt from planning control as it is approved under a local law permit. If
the use of the outdoor dining area is affecting the amenity of an area or operating outside
the hours permitted by the local law, this can be investigated by the Citys local laws
team and if it is proven, the outdoor dining permit can be revoked.
As discussed above the only planning consideration in relation to the bi-fold doors are
the heritage impacts and the bi-fold door is not supported. The single leaf door required
by condition will maintain the status quo in terms of access to the bar as there is an
existing single leaf door on the corner of the building that will be replaced by a window.
As a single leaf door would address heritage concerns and possibly ease some of the
residents concerns about noise, at the consultation meeting there was an attempt to
negotiate a removal of the bi-fold doors and replacement with a single leaf door.
However, while some residents found this to be an acceptable outcome, others did not
want any doors on the Violet Street frontage so this matter could not be fully resolved.
It is of note that in the earlier application, although amenity is not a consideration in
relation to the bi-fold doors, the Tribunal stated that it was reasonable to provide
pedestrian access from the hotel to the outdoor dining area.

Fixed bar seating and associated consumption of alcohol

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The originally submitted plans showed fixed bar seating in the outdoor dining area.
These were subsequently removed from the plans and in any case, as discussed above,
they would be a local law consideration and the Citys current Outdoor Dining Code does
not support fixed seating.

Parking and traffic congestion

Car parking is only a consideration in planning applications when it is triggered by the

Planning Scheme.
In relation to hotels, clause 52.06 sets out that parking is a consideration if the liquor
licence is amended to increase the number of patrons permitted under the licence.
For hotels with VCGLR liquor licences, patron numbers are documented on the licence.
This application does not propose an increase in patron numbers, therefore car parking
and any associated traffic congestion cannot be considered.
It is clear from a residents response that there are legitimate concerns regarding traffic
and parking in the Violet Street area. At the consultation meeting it was discussed that
this was a broader issue that residents should raise with their Ward Councillors and the
Citys Engineering Unit to see if there are any solutions that could be considered.

Future increase in patrons allowable under liquor licence

Any future increase in patron numbers would be considered at the time of any application
to increase the number.

Family friendly corner pub being turned into entertainment venue

This proposal is not for a change in the use of the land. However, the applicant has
agreed to a condition on the permit preventing the playing of live music in the alfresco
area.

Hotel is in contravention of Liquor Control Reform Act

Outside the policing of the local law permit there are limitations on what action the City
can take in relation to Liquor Control as the hotel operates under a VCGLR licence.
Administration of the Liquor Control Reform Act 1998 is the responsibility of the VCGLR
and enforcement of liquor laws are primarily the responsibility of Victoria Police.

The existing trading hours are not consistent with Council's Licensed Premises Policy
and other policy related issues

Other than an opening time of 7am, the Hotels liquor licence hours align with the
Licensed Premises Policy. In any case, trading hours are not proposed to be changed
and are therefore not a consideration under this application.

On-going issues with the management of the hotel such as anti-social behaviour.

As discussed earlier, issues related to the management of the hotel and patron
behaviour are regulated by other persons such as the Citys local law officer and Victoria
Police.
At the consultation meeting there was some discussion around whether the local law
permit could be amended so that outdoor dining ceased at 10pm. While the operator
advised that they generally close the outdoor dining area at 10pm they were reluctant to

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formally restrict the time as they felt that their local law permit should be consistent with
their liquor licence permit.
This seems like a reasonable position to take at this point in time. If amenity does
become an issue in relation to the hours of operation it may be possible to review this
when the permit is up for renewal next year.
In summary, the potential amenity impacts that can be considered as part of this
proposal relate to noise from the new on-premises alfresco and liquor licence area. As
discussed above the people most likely to be affected by any noise would be those
occupying the motel which is within the same ownership. The nearest residents would
be buffered by the motel building and the impact is not felt to be significant.
All other amenity considerations raised by residents are matters that lie outside the
planning process and this was explained and discussed at the consultation meeting.
Access to a Road Zone
The relevant purpose of clause 52.29 Land adjacent to a Road Zone, Category 1 is to
ensure appropriate access to identified roads. Key decision guidelines that must be
considered in the clause include the views of the relevant road authority and the effect of
the proposal on the operation of the road and on public safety.
This proposal alters access in the sense that it removes an existing drive thru egress
onto High Street. This will improve the operation and safety of the arterial road.
The views of VicRoads, as the relevant authority, have been considered and their
recommended conditions will be imposed on the planning permit.
In considering the above it has been concluded that the proposal would not have an
adverse effect on the operation of the road and public safety.
Conclusion
This proposal comprises three components, changes to the built form, closing up of an
egress to a Road Zone and increase in the liquor licence area.
The built form changes in respect of their impact on the heritage significance of the
building are acceptable subject to a reduction in the size of the door.
In terms of the amenity impact of the changes to built form and increase in liquor licence
area, these are unlikely to result in any significant amenity impact.
Residents have concerns that this development will intensify the use of the site with more
comings and goings and resultant amenity impacts. However, the matters that can be
considered are limited to what requires planning permission. As discussed there are
other options that can be explored with residents in seeking to address these issues.
Options
Council, acting as the responsible authority for administering the Planning Scheme, may
resolve to: grant a permit, grant a permit with conditions, or refuse to grant a permit.

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Attachments

Objections.
VCAT Order on planning application ref: DC/378/2007.

Proposed Permit Conditions

1.

MODIFIED PLAN REQUIRED

Before the development starts, amended plans to the satisfaction of the
responsible authority must be submitted to and approved by the responsible
authority. When approved, the plans will be endorsed and will then form part of
the permit. The plans must be drawn to scale with dimensions and 2 copies
must be provided. The plans must be generally in accordance with the plans
submitted with the application but modified to show:
(a) Amended plans which limit the width of the proposed door on Violet Street
to the same width as the existing window opening with further detail on
finishes, materials and colours (including edge corbelling) to match the
existing treatment around other nearby windows.

2.

NO LAYOUT ALTERATION
The development permitted by this permit as shown on the endorsed plans
and/or described in the endorsed documents must not be altered or modified
(for any reason) except with the prior written consent of the responsible
authority.

3.

MATERIALS AND FINISHES

The exterior treatment of the building(s) permitted by this permit must be to the
satisfaction of the responsible authority. The materials to be used must be
compatible to the existing dwelling and the render and/or timber weatherboard
cladding, timber windows, terracotta roof tiles, galvanised iron gutters and
down pipes must match the existing profile, proportions and styles of the
existing dwelling. The paint colours selected must match that of the existing
colours to the satisfaction of the responsible authority.

4.

SCHEDULE OF MATERIALS
Prior to the commencement of development a schedule of the proposed
materials and colours to be used for the building, shall be submitted to and
approved in writing by the responsible authority.

5.

LIVE MUSIC
No live music is not permitted to be played in the outdoor are of the extended
hotel building entertainment noise generally must be as specified in the State
Environment Protection Policy Control of Music Noise from Public Premises
No. N-2.

6.

AMENITY OF LOCALITY
The use permitted by this permit must not, in the opinion of the responsible
authority, adversely affect the amenity of the locality by means of noise
emissions, and / or patron behaviour.

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7.

SECURITY PERSONNEL
A sufficient number of licensed security personnel (crowd control staff) in
accordance with the requirements of the Liquor Licensing Commission and to
the satisfaction of the responsible authority must be employed on the site.

8.

HOURS OF USE
The serving of liquor permitted by this permit may only occur in accordance
with the hours permitted under the existing licence issued by the Victorian
Commission for Gaming and Liquor Regulation.

9.

LIQUOR LICENCE DOCUMENT

The applicant must provide (for Council records) an original copy of any new
liquor licence within 1 month of issued by Liquor Licensing Victoria.

10.

VICROADS
(i) Prior to the commencement of any development hereby approved, plans
must be submitted to and approved by the Roads Corporation. When
approved by the Roads Corporation, the plans may be endorsed by the
Responsible Authority and will then form part of the permit. The plans
must be drawn to scale with dimensions and copies must be provided. The
plans must be date stamped to show:
a. The existing vehicle crossover layback in front of the redundant drive
thru bottle shop to be removed and the existing motel reception vehicle
crossover layback must service left turn entry only for cars.
b. The length of the reinstated kerb and channel must be ascertained by a
swept path analysis for a B99, 5.2 metre length design vehicle turning
left from the Calder Highway (High Street) into the motel reception
crossover.
c. Two pavement arrows (pointing away from the Calder Highway) on the
motel driveway within the subject land at the:
i. Property boundary with the Calder Highway; and
ii. North western end of the motel reception driveway.
d. Two no entry signs (R2-4) located on both sides of and at the north
western end of the motel reception driveway facing toward the internal
car park.
e. A double barrier line must be line marked on the Calder Highway
painted median to reinforce to drivers (Bendigo outbound) they are not
permitted to turn right into the subject land. The double barrier line
must extend from Violet Street and must extend beyond the motel
reception access.
(ii) Before the development approved by this permit commences use, all
vehicular access works must be completed at no cost to and to the
satisfaction of the Roads Corporation.

11.

EXPIRY OF PERMIT
This permit will expire if the development permitted by the this permit is not
completed within 2 years from the date hereof. The time within which the
development must be completed may be extended, on written request to the
responsible authority, before or within 6 months after the expiry of this permit
where the development has not yet started or 12 months where the
development has commenced.
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