title: Design and Development Overlay Schedule 35 Bushfire Setbacks - 31 Ayres Street, Argyle council: greater-bendigo state: vic category: constraint classification: MINOR status: in-progress last_compiled: 2026-05-31 source_docs:
- agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf
Design and Development Overlay Schedule 35 Bushfire Setbacks - 31 Ayres Street, Argyle
Design and Development Overlay Schedule 35 is the site-specific bushfire control proposed for 31 Ayres Street, Argyle as part of c285gben-corrections-amendment, which also proposes to rezone the approximately 2.2 hectare property from Industrial 3 Zone to Neighbourhood Residential Zone Schedule 4. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.102) The practical planning function of the overlay is to convert the bushfire assessment into enforceable development parameters: future development is expected to maintain separation distances for defendable space, vegetation management and access requirements before the residential zoning can operate without increasing bushfire exposure beyond the assessed BAL-12.5 outcome. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.117)
Background
The 31 Ayres Street land was identified through the adopted Heathcote Township Plan as suitable for residential rezoning, but only subject to a conclusive bushfire risk assessment. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.130) Amendment C285gben therefore treats the site differently from most other land in the corrections amendment: most properties are mapping or overlay corrections, while 31 Ayres Street is the single privately owned property proposed to move from an industrial zone to a residential zone. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.33)
The amendment proposes to apply DDO35 to 31 Ayres Street and amend Schedule 35 so that the land is inserted into Table 1 for bushfire setback distances. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, pp.106-107) The exhibited explanatory report states that the bushfire risk assessment was prepared by Phoenix Wildfire Management in 2023 and submitted to the planning authority for consideration. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.110)
Analysis
Planning Mechanism
The rezoning and overlay operate together. The rezoning changes the strategic land-use permission from Industrial 3 Zone to Neighbourhood Residential Zone Schedule 4, while DDO35 imposes the spatial and management limits that make residential development acceptable in bushfire planning terms. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, pp.102, 117) Without the overlay, the amendment would allow a more intensive residential planning framework on a large residentially used lot without the same site-specific setback control being written into the planning scheme. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.117)
The key mechanism is defendable-space separation. The agenda summary states that the bushfire report found a BAL-12.5 outcome could be achieved if new development maintained a 20 metre setback from the northern lot boundary and a 19 metre setback from the southern lot boundary. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.110) The later explanatory report summary states that the report identified a 19 metre setback from the northern and southern boundaries, which creates a small internal inconsistency in the agenda material about whether the northern setback is 19 metres or 20 metres. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, pp.110, 117)
This discrepancy matters because DDO35 is intended to be the enforceable translation of the bushfire assessment into future permit and subdivision decisions. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.117) If the final schedule uses 19 metres on both sides, it will implement the wording in the explanatory report summary; if it uses 20 metres north and 19 metres south, it will implement the executive summary of the bushfire report conclusions. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, pp.110, 117)
Bushfire Risk Logic
The bushfire report summary classifies vegetation within 150 metres of the site as low-threat grassland, with the landscape generally flat to upslope from the site. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.117) On that basis, the report concludes that future development can achieve BAL-12.5 if the required setbacks are provided. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.117)
The site is already developed with a single-storey dwelling and ancillary sheds, which is why the explanatory report says alternative development locations are not relevant to the rezoning assessment. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.117) The risk change is therefore not the introduction of the first dwelling; it is the possibility that a 2.2 hectare site in a residential zone could support further residential development or subdivision over time. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, pp.102, 117)
The explanatory report explicitly acknowledges that the rezoning may put more people or properties at bushfire risk because of the lot size. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.117) DDO35 is the proposed proportional response: it does not prevent residential use, but it requires future development and potential subdivision to respond to defendable-space, vegetation-management and access requirements. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.117)
Access and Safe-Area Assumptions
The site has direct access and egress through Ayres Street and Dairy Flat Road, which the explanatory report describes as running through an urban and developed area for approximately 250 metres before linking to the Northern Highway. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.117) The report also identifies Joes Road to the south-east as an alternative access route, but describes it as unconstructed. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.117)
The safe-area analysis relies on the Heathcote Bushfire Place of Last Resort at the Holy Rosary Primary School oval, 18 Pohlman Street, Heathcote, approximately 4.5 kilometres north-west of the subject land and accessible via the Northern Highway. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.117) The Heathcote Town Centre is also described as approximately 3.4 kilometres north-west of the subject land along the Northern Highway and assessed as a BAL-LOW place with easy and safe access. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.117)
The access mechanism is therefore dependent on the Ayres Street/Dairy Flat Road connection to the Northern Highway remaining a reliable urban-route connection during bushfire conditions. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.117) The available agenda material does not provide traffic, evacuation-capacity or road-standard analysis for Ayres Street, Dairy Flat Road or Joes Road. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.117)
Relationship to Amendment C285gben
C285gben is framed as a corrections amendment affecting land across Greater Bendigo, including Argyle, Bendigo, Big Hill, California Gully, Eaglehawk, Epsom, Flora Hill, Golden Gully, Golden Square, Jackass Flat, Kangaroo Flat, Kennington, Marong, Quarry Hill, Spring Gully, West Bendigo, Heathcote, Lockwood South and Shelbourne. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, pp.33, 101) Within that broader package, 31 Ayres Street is the only privately owned property identified for rezoning from Industrial 3 Zone to Neighbourhood Residential Zone. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.33)
This creates a narrow but important planning distinction. The amendment is generally administrative, but the Ayres Street component changes the future residential capacity of a 2.2 hectare site and therefore requires a bushfire risk control rather than a simple map correction. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, pp.102, 114, 117) The Department of Transport and Planning required three properties to be removed from the amendment after authorisation so that proposed rezonings would be consistent with Clause 13.02-1S, which shows that bushfire consistency was a material screening issue for the amendment package. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.39)
The CFA reviewed the Phoenix Wildfire Management bushfire report and, by letter dated 29 January 2024, supported rezoning 31 Ayres Street to a residential zone. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, pp.110, 117) That CFA support is a central dependency because the amendment relies on the bushfire assessment and fire-authority response to justify moving the site into a residential zone. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.130)
Current Status
Amendment C285gben was exhibited from 23 October 2025 to 22 December 2025 after the exhibition period was extended due to a minor administrative notification issue. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, pp.32, 37) Nine submissions were received, with five opposing and four supporting submissions. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.34) The two unresolved submissions relate to protection of vegetation within Bendigo Regional Park, not to 31 Ayres Street or DDO35. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, pp.32, 34-35)
The officer recommendation for the 20 April 2026 council meeting was to request the Minister for Planning to appoint a Planning Panel and refer all submissions to that Panel. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.33) The agenda listed a directions hearing for the week starting 18 May 2026 and a Panel hearing for the week starting 15 June 2026. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.101)
Dependencies
- Blocks: The DDO35 schedule should be settled before future subdivision or intensified residential development on 31 Ayres Street is assessed against the new residential zoning, because the overlay is the mechanism intended to guide future development, subdivision, defendable space, vegetation management and access. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.117)
- Blocked by: Finalisation of c285gben-corrections-amendment, including Panel consideration and later council decision-making on adoption, remains necessary because the 20 April 2026 agenda only recommends requesting a Panel and refers to a further council report after Panel recommendations. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, pp.32-33)
- Informed by: The control is informed by the Phoenix Wildfire Management 2023 bushfire report and the CFA letter dated 29 January 2024 supporting the residential rezoning. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, pp.110, 117)
- Implements: The site-specific control implements the Heathcote Township Plan pathway that identified 31 Ayres Street as suitable for residential rezoning subject to a conclusive bushfire risk assessment. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.130)
- Conflicts with: No direct conflict about DDO35 or 31 Ayres Street is identified in the submissions summary; the unresolved submissions concern vegetation protection on Bendigo Regional Park land. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, pp.32, 34-35)
Cross-Jurisdictional Links
The CFA is the key external authority connection for this site because its 29 January 2024 response supports the proposed residential rezoning after reviewing the bushfire report. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.117) The Department of Transport and Planning is also relevant because Ministerial authorisation on 22 August 2025 required changes to the amendment, including deletion of three properties so that proposed rezonings were consistent with Clause 13.02-1S bushfire planning. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.39)
Transport for Victoria advised that Amendment C285gben is not expected to have a material impact on transport interests, and specifically stated that rezoning the single industrial parcel to Neighbourhood Residential Zone would reduce potential traffic generation. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.98) Goulburn-Murray Water advised that it had no objection to the amendment after reviewing the documentation available through the Department of Transport and Planning website. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, pp.96-97)
Gaps in This Analysis
The primary gap is the absence of the full Phoenix Wildfire Management report, because the agenda only summarises its conclusions and does not provide the detailed assessment method, mapped defendable-space envelope, vegetation classification plan or assumptions behind the BAL-12.5 conclusion. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, pp.110, 117) A second gap is the absence of the CFA letter dated 29 January 2024, because the agenda reports CFA support but does not provide any conditions, qualifications or technical comments that may have accompanied that support. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, p.117)
The final DDO35 schedule text and Planning Scheme Map 44DDO are also missing from the available source material, so this page cannot confirm the exact enforceable setback distances, whether the northern setback is 19 metres or 20 metres, or the precise mapped area to which the control applies. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, pp.106-107, 110, 117) The Panel report is not available in the manifest, so this page cannot confirm whether the Panel accepted the Ayres Street bushfire control, required changes to DDO35, or commented on the internal setback inconsistency. (Source: agendas-and-meeting-minutes-city-greater-bendigo-council-meeting-april-20-2026-agenda.pdf, pp.32-33, 101)