REASONS FOR DECISION TO EXERCISE POWER OF INTERVENTION UNDER SECTION 20(4) OF THE PLANNING AND ENVIRONMENT ACT 1987 BALLARAT PLANNING SCHEME AMENDMENT C155 The Planning and Environment Act 1987, the Heritage Act 1995 and the Victorian Civil and Administrative Tribunal Act 1998 provide for the intervention of the Minister for Planning in planning and heritage processes. In exercising my powers of intervention, I have agreed to: Make publicly available written reasons for each decision; and Provide a report to Parliament at least every twelve months detailing the nature of each intervention. REQUEST FOR INTERVENTION 1. University of Ballarat has requested this intervention. WHAT POWER OF INTERVENTION IS BEING USED? 2. I have decided to exercise my powers to exempt myself from all the requirements of sections 17, 18 and 19 of the Planning and Environment Act 1987 and the regulations in respect to Amendment C155 to the Ballarat Planning Scheme. 3. Section 20(4) of the Planning and Environment Act 1987 enables the Minister for Planning to exempt an amendment which the Minister prepares from any of the requirements of sections 17, 18 and 19 of the Act or the regulations. 4. In seeking to exercise this power, section 20(4) of the Act requires that the Minister must consider that compliance with any of those requirements is not warranted or that the interests of Victoria or any part of Victoria make such an exemption appropriate. BACKGROUND 5. The University of Ballarat Technology Park is a regionally significant hub of economic activity and is co-located with the Mount Helen campus of the university to foster innovation and the sharing of ideas, resources and infrastructure. The technology park functions as a specialised activity centre within the Ballarat urban area and is nearing capacity given its current infrastructure. 6. The University of Ballarat has identified underutilised land between the existing technology park and university campus which is surplus to the forecast needs of the university campus and is well suited to accommodate an expansion of the technology park. 7. The subject land is currently zoned Public Use Zone 2 (Education) consistent with the zoning of the university campus, while the existing technology park to the immediate west is zoned Business 2. The rezoning of the land to Business 2, and application of the Development Plan Overlay – Schedule 8 are appropriate controls for the development and use of land for a technology park. 8. The expansion of the technology park onto the subject land will strengthen links between the technology park and the university campus through improved physical connections and through greater opportunities for research and development activities. 9. The technology park has grown since 1995 and now employs approximately 1450 people in thirty businesses. There are nine buildings within the technology park which is developed in a campus format with large areas of landscaping between buildings. The total floor area of the technology park is approximately 25,000m2. Anchor tenants of the park include; Ambulance Victoria, Emergency Services Telecommunications Authority, IBM Aust/NZ, iGlass Pty Ltd and the State Revenue Office. The park also hosts numerous small enterprises and two ICT business incubators in the Greenhill Enterprise Centre and Global Innovation Centre. 10. The technology park is the largest of its kind in regional Australia and it is estimated that for each of the approximately 1450 people employed within the park an additional services, retail or other job is created within the region. The economic significance of the technology park to the region includes: $60 million in capital assets; $300 million per annum in economic outputs $100 million per annum in household income 11. The precinct has limited ability to expand within its existing footprint due to physical and environmental constraints. All available floor space within the business incubators is occupied and it is expected that at least an additional 500 people will need to be accommodated within the technology park over the next 3 years from planned growth of existing tenants. 12. The expansion of the park will realise benefits through greater efficiencies of scale and increased cross-pollination of ideas and research, both between tenants within the technology park and with the adjoining university campus. The expansion will also provide the ability to attract new tenants to the park in addition to catering for growth from existing tenants. 13. The university has identified a need to secure land for long term growth in the technology park. The logical location for this growth is to the east towards the university campus on land that is currently underutilised and used as playing fields and for car parking. Other potential directions for growth are constrained by physical, environmental and land ownership constraints. 14. Planning has been underway for some time to consider how the subject land could be best developed with consideration given to various options. Two initial concept plans were prepared in 2010 in consultation with relevant agencies. 15. A more detailed development plan was prepared in 2011 and this plan provides the basis for the proposed Development Plan Overlay provisions that would apply to the site and guide its future development. 16. The site is located within an area with considerable environmental values, as reflected by the Environmental Significance Overlay and Vegetation Protection Overlay that will continue to apply to portions of the site. A detailed flora and fauna assessment was conducted and has informed the development plan. The site is largely cleared of vegetation, however there are stands of vegetation that provide habitat for native animals including koalas. 17. The site is also located within an area designated as having cultural heritage sensitivity. A Cultural Heritage Management Plan has been prepared for the proposal and this has been approved by the Registered Aboriginal Party. 18. On 24 August 2011 the City of Ballarat resolved to write to the Minister for Planning expressing support for the Minister to become the planning authority for the rezoning of the subject land and for the process set out under Section 20(4) of the Planning and Environment Act 1987 to be utilised. However this resolution was predicated on the resolution of a number of matters including further information on the proposed development of the site and the carrying out of community consultation to the satisfaction of the council. 19. A consultation strategy was developed by the University of Ballarat in collaboration with the City of Ballarat. This consultation strategy, implemented in November 2011 consisted of: Written notification of the proposal inviting comment - sent to approximately 750 landowners and occupiers in the surrounding area and approximately 30 agency stakeholders. A stakeholder information session. A community drop-in session. Notification of the proposal in the Courier newspaper and on Council and University websites. 20. The consultation process resulted in nine submissions being received. Five of these submissions expressed opposition to the amendment with the remaining four supportive or expressing no objection. The main issue raised in the objections related to traffic issues resulting from the proposed expansion. The issues raised in submissions can be adequately addressed by way of the Development Plan Overlay that is proposed to apply to the land. Furthermore, in relation to traffic Vic Roads does not object to the proposal. 21. Council subsequently wrote to the Minister for Planning on 14 December 2011 confirming that the requirements set out in its resolution of 24 August 2011 have been fulfilled and that it supports the amendment proceeding. BENEFITS OF EXEMPTION 22. The main benefit of the exemption is that it will enable a prompt decision to be made on the adoption and approval of the amendment, which facilitates the expansion of a regionally significant facility, without the need to go through a formal notification and possible panel process. Given the extensive consultation that has already occurred in relation to the amendment, a formal notification and panel process would be an unnecessary duplication of process. EFFECTS OF EXEMPTION ON THIRD PARTIES 23. The effects of the exemption are that potentially affected parties will not be formally notified or have an opportunity to make a formal submission to a planning panel. 24. However, the council, potentially affected landowners and occupiers, State Government agencies, service authorities, and the community broadly have received informal notice about the proposal and been given an opportunity to comment. The views of these parties are known and have been considered. ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS ON THIRD PARTIES 25. Through the consultation process, potentially affected parties have been given an opportunity to make submissions, which have been considered in the preparation of this amendment. As the views of affected parties are known, a formal notice and Panel process would be unlikely to alter the outcome and would duplicate the process already undertaken, where exemption will expedite the expansion of this regionally significant facility. 26. Accordingly I consider that the benefits of exempting myself from sections 17, 18 and 19 of the Act outweigh any effects of the exemption on third parties. DECISION 27. I have decided to exercise my power to exempt myself from all the requirements of sections 17, 18 and 19 of the Planning and Environment Act 1987 and the regulations in respect of Amendment C155 to the Ballarat Planning Scheme. REASONS FOR INTERVENTION 28. I provide the following reasons for my decision to exercise my power under section 20(4) of the Planning and Environment Act 1987. 29. I am satisfied that Compliance with any of the requirements of sections 17, 18 and 19 of the Act and the regulations is not warranted because: Consultation undertaken has enabled the views of potentially affected third parties to be considered in the preparation of this amendment. Compliance with the requirements of section 17, 18 and 19 of the Act and the regulations would largely duplicate consultation already undertaken and would be unlikely to alter the outcome. Signed by the Minister MATTHEW GUY MLC Minister for Planning Date: 26 April 2012