Planning Panels Victoria  Department of Planning and Community Development  Level 1, 8 Nicholson Street, East Melbourne 3002
Terms of Reference
Ballarat West Development Contributions Plan Advisory
Committee
Advisory Committee appointed pursuant to Part 7, Section 151 of the Planning and
Environment Act 1987 to report on the Ballarat West Development Contributions
Plan
Version: 29 November 2012
Name
1.
The Advisory Committee is to be known as the ‘Ballarat West Advisory Committee’.
2.
The Advisory Committee is to have members with the following skills:


Land use planning; and
Knowledge of Growth Area Planning and Development Contributions; and
Purpose
3.
The purpose of the Advisory Committee is to advise on:



all relevant matters concerning the development contributions plan for the BWGA, including
public submissions, and;
all statutory documentation that could form a planning scheme amendment and submissions
lodged in respect of the documents and plans, and;
whether the Planning Minister could utilise section 20(4) of the Planning and Environment Act
to exempt himself from the notice requirements in sections 17,18 and 19 of the Act and
regulations, should he choose to prepare and approve an amendment to the Ballarat Planning
Scheme
Background
4.
The Hon. Matthew Guy, MLC Minister for Planning has appointed an Advisory Committee pursuant
to Section 151 of the Planning and Environment Act 1987 (P&E Act) to review matters related to the
draft development contributions plan, and associated planning scheme amendment documents
prepared for the BWGA and submissions lodged on these documents.
5.
The BWGA comprises over 1,500 hectares of greenfield land located to the west of Alfredton,
Delacombe and Sebastopol. At full development, the BWGA will provide about 18,000 new houses to
accommodate a population of over 40,000 people.
6.
The Minister for Planning approved the first Precinct Structure Plan (Lucas) in May 2011. Lucas will
contain approximately 3,950 lots and accommodate approximately 11,000 residents.
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7.
On 2 October 2012, the Minister for Planning approved Planning Scheme Amendment C158 to the
Ballarat Planning Scheme. This introduced the Ballarat West Precinct Structure Plan and Ballarat
West Native Vegetation Precinct Plan into the scheme. The Ballarat West Precinct Structure Plan
covers the remaining four precincts in the BWGA.
8.
The Minister for Planning decided not to introduce the proposed Ballarat West Development
Contributions Plan into the planning scheme. On 2 October 2012 he wrote to Ballarat City Council
explaining that he wanted to ensure the proposed contributions plan is reasonable and that due
consideration is given to the concerns of affected parties.
9.
The Minister for Planning encouraged Ballarat City Council to undertake further consultation on the
contributions plan after agreeing with the Department of Planning and Community Development on
an agreed methodology.
10.
The Department of Planning and Community Development met with senior staff from Ballarat City
Council on 12 November 2012 to agree on a methodology. It was agreed that Ballarat City Council
would notify landowners and adjacent landowners within BWGA and known interested parties and
then refer any submissions to an Advisory Committee for consideration.
11.
Ballarat City Council has prepared a package of statutory documents which would form a future
amendment to introduce the Ballarat West Development Contributions Plan into the Ballarat
Planning Scheme.
12.
Ballarat City Council gave notice of the Ballarat West Development Contributions Plan and the draft
amendment documents on 15 November 2012. The closing date for submissions was 20 December
2012.
Method
13.
The Advisory Committee may apply to vary these Terms of Reference in any way it sees fit prior to
submission of its report.
14.
The Advisory Committee may inform itself in anyway it sees fit, but must consider:

15.
all statutory documentation, including the Ballarat West Development Contributions Plan,
and;

any public submissions;

whether it is appropriate for the Planning Minister to use section 20(4) of the Planning and
Environment Act to exempt himself from the notice requirements in sections 17,18 and 19 of
the Act and regulations to progress an amendment ot he Ballarat Planning Scheme to
implement a Ballarat West development contributions plan.
The Advisory Committee is not expected to carry out any additional public notification or referral,
but may do so if it considers it to be appropriate.
16.
The Advisory Committee must consider all relevant submissions.
17.
The Advisory Committee is expected to carry out a public hearing.
18.
The Advisory Committee may conduct workshops or forums to explore design issues or other
matters. Any workshops or forums will be a public process.
19.
All submitters and Ballarat City Council should be invited to present to the Advisory Committee:
20.
The Advisory Committee may meet and invite others to meet with them when there is a quorum of
at least two of the Committee members.
21.
The Advisory Committee may limit the time of parties appearing before it.
22.
The Advisory Committee may prohibit or regulate cross-examination.
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Submissions are public documents
23.
The Advisory Committee must retain a library of any written submissions or other supporting
documentation provided to it directly to it until a decision has been made on its report or five years
has passed from the time of its appointment.
24.
Any written submissions or other supporting documentation provided to the Advisory Committee
must be available for public inspection until the submission of its report, unless the Advisory
Committee specifically directs that the material is to remain ‘in camera’.
Outcomes
25.
The Advisory Committee must produce a written report for the Minister for Planning providing:

An assessment of the Ballarat West Development Contributions Plan and the documentation
for a draft planning scheme amendment to implement the plan.

An assessment of submissions to the Advisory Committee.

An assessment of whether the Planning Minister could utilise section 20(4) of the Planning and
Environment Act to exempt himself from the notice requirements in sections 17,18 and 19 of
the Act and regulations, should he decide to progress an amendment to the Ballarat Planning
Scheme to implement a Ballarat West development contributions plan.

Any other relevant matters raised in the course of the Advisory Committee hearing.

A list of persons who made submissions considered by the Advisory Committee.

A list of persons consulted or heard.
Timing
26.
The Advisory Committee is required to submit its report in writing as soon as practicable but no later
than 30 business days from the completion of its hearing.
Fee
27.
The fee for the Advisory Committee will be set at the current rate for a Panel appointed under Part 8
of the Planning and Environment Act 1987.
28.
The costs of the Advisory Committee will be met by Ballarat City Council.
Project Manager
29.
Day to day liaison for this matter will be through Eoghan McColl, Acting Planning and Development
Manager, Grampians Region, the Department of Planning and Community Development on ph. 5327
2863 or by email at eoghan.mccoll@dpcd.vic.gov.au
30.
Inquiries regarding the Advisory Committee process will be through Jessica Cutting, Senior Project
Manager with Planning Panels Victoria on 9637 8643 or by email at jessica.cutting@dpcd.vic.gov.au.
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