Council Meeting
9.3
10 November 2010
BALLARAT PLANNING SCHEME AMENDMENT C138 BALLARAT
REVIEW OF FUTURE INDUSTRIAL AREAS
Division:
Development & Infrastructure
Director:
Eric Braslis
Author/Position:
Sean O'Keeffe Manager Strategic Planning
SUMMARY
Amendment C138 is a Council-initiated amendment seeking to provide policy
recognition to the Ballarat Review of Future Industrial Areas 2009, which was
considered by Council on 12 August, 2009. The Review confirmed the suitability of
six potential industrial development sites, including Mt Rowan, Carngham Road and
land surrounding the airport.
This strategic amendment seeks to identify potential industrial development sites in
Council’s Local Planning Policy Framework. It does not include the re-zoning of any
land for industrial purposes nor is it intended to determine specific design and
development elements such as precise buffers for existing industrial operations, or
buffer distances between future industrial development and existing and future
residential development. This work will be undertaken in the subsequent stages of
the planning process, involving further consultation.
Amendment C138 was publicly exhibited and 134 submissions were received. The
majority of submissions oppose aspects of the amendment, particularly the
identification of sites as future industrial areas and the potential impacts of industrial
development on surrounding areas.
It is recommended that Council refer the amendment and all submissions to an
Independent Panel to be appointed by the Minister for Planning. This will enable all
submitters to be heard by the Panel and provide Council with an independent review
of the merits of the amendment when it considers the matter further.
BACKGROUND
The City of Ballarat commissioned Coomes Consulting Group (now CPG Australia) in
September 2007 to undertake a review of areas currently identified for future
industrial use and to identify and consider other sites that may be suitable for future
industrial use within the municipality.
This work was commissioned, in part, in response to the recommendations of the
Independent Panel which reviewed Amendment C88 to the Ballarat Planning
Scheme. Amendment C88 sought to implement the key recommendations of the
Ballarat Industrial Land Use Strategy, which was adopted by Council in August 2005.
The C88 Panel found that the Ballarat Industrial Land Use Strategy 2005 had
underestimated the demand for industrial land in the municipality. In addition, the
Panel recommended that further comparative analysis was required for land
identified for future industrial growth before the suitability of the sites could be
confirmed in the Planning Scheme policies.
The Ballarat Review of Future Industrial Areas is the next step in a number of
strategic projects that have been commissioned by Council to plan for future
industrial land use, including the Ballarat Industrial Land Use Strategy (2005) and
Amendment C88 to the Ballarat Planning Scheme (inc. relevant panel report).
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In addition, the study has been influenced by strategic planning which has been
undertaken for specific areas of Ballarat, such as, the Ballarat West Growth Area
Plan and the Ballarat Aerodrome and West Common Land Use Concept Plan.
The Ballarat Review of Future Industrial Areas 2009 identified eight potential sites
worthy of investigation for future industrial land use, namely:

Airport North site

Airport South site

Carngham Road site

Sunraysia Drive site

Dowling Road site

Mount Rowan East site

Mount Rowan West site

Miners Rest (Ballarat Common) site
Refer to Attachment 1 Figure 3 in Ballarat Review of Future Industrial Areas.
A land demand forecast was undertaken by consultants SGS Economics and
Planning which recommended that a ten year supply of ‘zoned, developable and
readily serviced’ industrial land be available at all times. The forecast estimates that
there is a demand of land for industrial purposes of between 4.9 and 19 hectares per
annum. Based on this range of industrial land demand, the SGS report recommends
that a supply of 190 hectares of land be provided at all times. The demand forecast
also considered the size of land parcels required by the market and recommends that
30 per cent (60 hectares) is provided for smaller developments (up to 1 hectare).
A servicing report prepared as part of the study investigated the ability for each of the
eight sites to be connected to the required reticulated services. The availability and
cost of servicing contributed to the comparative assessment of the sites. A
comparative analysis of the eight potential sites for industry was undertaken. The
comparative analysis identified the following site criteria:

Access to transport routes

Environmental features (constraints presented by known environmental
values)

Availability of servicing infrastructure

Land tenure

Amenity (distance from sensitive land uses)

Proximity (potential for expansion)
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
Strategic planning (consistency with existing Council strategies)
These site criteria were further broken down into elements that were considered
essential, desirable and optional.
On the basis of the comparative analysis of the eight sites, the Ballarat Review of
Future Industrial Areas 2009 made the following recommendations:

The two airport sites should be identified as suitable for short term industrial
land use.

The eastern portion (60 hectares) of the Carngham Road site is considered
ideal to meet the demand for land for smaller industrial development, i.e.,
Industrial 3 Zone, with the balance of the site to be used for residential
purposes with appropriate interface treatments.

The Mount Rowan East site should be identified for longer term industrial use

The Sunraysia Drive and Dowling Road sites should be designated for longer
term industrial use due to servicing constraints.

The Mount Rowan West site should not be considered for industry due to
flooding constraints and historical use as a landfill.

The Miners Rest (Ballarat Common) site did not satisfy a number of essential
criteria and is not considered suitable for industrial use.
In summary, the Review recommended that six of the sites are suitable for future
industrial development:
Site
Total
Area
(ha)
Carngham Road
Airport North
Airport South
Sunraysia Drive
Dowling Road
Mount Rowan East
TOTALS
265
290
176
140
283
41
1195
Possible Area
Available for
Industrial
Development
60
145
88
70
142
21
525
Potential
Years
Supply
3
8
5
4
7
1
28
The Ballarat Review of Future Industrial Areas 2009 was prepared in consultation
with servicing authorities. It establishes a sequence for the release and the
development of new industrial land which will enable the efficient provision of
services. Therefore, the amendment will provide greater certainty to these authorities
and will assist in their future planning for the servicing of new industrial development.
The Ballarat Review of Future Industrial Areas 2009 provides the basis for setting
clear direction through the Ballarat Planning Scheme regarding future industrial
development. It will ensure that sufficient land is set aside for industrial use to serve
the long term employment needs of Ballarat up to the year 2050.
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Exhibited Planning Scheme Amendment C138
The Ballarat Review of Future Industrial Areas 2009 was considered by Council at its
meeting on 12 August, 2010 when it resolved to exhibit a planning scheme
amendment, subject to Ministerial authorisation, to include the necessary elements of
the Ballarat Review of Future Industrial Areas 2009 within the Ballarat Planning
Scheme.
Amendment C138 seeks to implement the Ballarat Review of Future Industrial Areas
2009 in the following manner:
1. Amend Clause 21 (Municipal Strategic Statement) by:

Updating the existing Overall Framework Plan within Clause 21.03 to reflect
the objectives of the Ballarat Review of Future Industrial Areas 2009.

Clause 21.04 (Land Uses) of the Municipal Strategic Statement, including
the Residential and Industrial Framework Plans, to include
recommendations of the Ballarat Review of Future Industrial Areas 2009.

Clause 21. 09 (Further Strategic Work) of the Municipal Strategic Statement
to include recommendations of the Ballarat Review of Future Industrial
Areas 2009.

Including the Ballarat Review of Future Industrial Areas 2009 as a
Reference Document in Clause 21.10.
2. Amend Clause 22 (Local Planning Policies) by:
 Updating the existing Clause 22.11 Industrial Policy with respect to reflect the
outcomes of the Ballarat Review of Future Industrial Areas 2009.
The proposed changes to the Overall Framework Plan are as follows:

A slight reduction in the area designated for ‘Short to Medium Term
Industrial Growth’ in the Carngham Road corridor from 80 hectares to 60
hectares

Changing the area in the Carngham Road corridor currently designated
as ‘Future Urban (Subject to Further Investigation)’ to ‘Short to Medium
Term Urban Growth (primarily residential)’

Changing the designation of the Sunraysia Drive and Dowling Road sites
from ‘Future Industrial (Subject to Further Investigation)’ to ‘Long Term
Industrial Growth’

Inclusion of the Mount Rowan East as a site for Long Term Industrial
Growth

Deletion of the ‘Future Urban (Subject to Further Investigation)’ category
from the legend
Changes proposed to the Residential Framework Plan are as follows:
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
Changing the area in the Carngham Road corridor currently designated
as ‘Future Urban (Subject to Further Investigation)’ to ‘Short to Medium
Term Urban Growth (primarily residential)’

Deletion of the ‘Future Urban (Subject to Further Investigation)’ category
from the legend
Industrial Framework Plan

A slight reduction in the area designated for ‘Short to Medium Term
Industrial Growth’ in the Carngham Road corridor from 80 hectares to 60
hectares

Changing the designation of the Sunraysia Drive and Dowling Road sites
from ‘Future Industrial (Subject to Further Investigation)’ to ‘Long Term
Industrial Growth’

Inclusion of the Mount Rowan East as a site for Long Term Industrial
Growth
The amendment documents are contained in Attachment 2.
It should be noted that following exhibition of the amendment it was found that the
part of the Airport South Site to the west of the eastern boundary of Winter Swamp
had not been included in the Overall Framework Plan or the Industrial Framework
Plan.
Public Exhibition
Amendment C138 was publically exhibited in accordance with the provisions of the
Planning and Environment Act 1987 over a period of six weeks between 22 July and
6 September, 2010.
A notice of the preparation of the Amendment appeared in the Victorian Government
Gazette on 22 July, 2010. The notice appeared in the Ballarat Courier on 17 July,
2010. Letters and notices were sent to relevant Government Departments, statutory
authorities, and to approximately 600 property owners and occupiers within, and
surrounding, the potential industrial areas.
Council held a public information session at the Town Hall between 4:00PM and
7:00PM on Tuesday 3 August, 2010. This session enabled members of the
community to discuss any issues in relation to Amendment C138 and the Ballarat
Review of Future Industrial Areas 2009 with Council officers. Approximately 100
members of the public attended the information session.
A total of 135 public submissions, including a joint submission from Alfredton
residents with 157 signatures (some of the signatories have lodged individual
submissions), a petition signed by 24 land owners/residents from the Western
Freeway/McCartneys Road area, and 33 late submissions were received in response
to the exhibition of Amendment C138. The majority of submissions oppose the
amendment.
Seven submissions have been received from various government departments,
public authorities, and other organisations. Submissions received from the
Department of Innovation, Industry and Regional Development, and VicRoads
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support the amendment. The Committee for Ballarat supports the amendment with
the exception of the Carngham Road Site as it was not “well placed to offer an
opinion on the recommendation for the Carngham Road west section so exclude it
from our explicit support”.
Submissions received from the Department of Sustainability and Environment and
North Central Catchment Management Authority do not object to the amendment.
Central Highlands Water and the Civil Aviation Safety Authority do not object but
offer some comments in relation to the future development of the sites, in particular,
the Dowling Road Site and sites in proximity to the airport.
C138 – Review of Future Industrial Areas Submission Table
Proposed
Areas
Carngham
Road
Airport North
Airport South
Mount Rowan
Sunraysia
Drive &
Dowling Road
Government/
Organisations
TOTAL
Number of
Opposing
Submissions
80
(includes 1 joint
submission X 157
signatures)
5 (all oppose both
Airport Sites)
20 (includes 5
which oppose both
Airport Sites)
14
7
(includes 1 petition
X 24 signatures)
121
Number of
Supporting
Submissions
3
General
Comments/Suggestions
4
2 (comment on both
Airport Sites)
2 (comment on both
Airport Sites)
1
3
4
7
10
TOTAL
138
SUBMISSIONS
A wide range of issues are covered in the opposing submissions. The key issues
include:

Resultant impacts which industrial development will have on the amenity
and liveability of the area;

Well being of residents;

Off-site emissions (noise, odour, smoke, etc);

Devaluation of properties;

Flooding and drainage problems;

Hours of operation;
 Traffic impacts;
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 Unsightly properties;
 Potential anti-social behaviour, such as, crime, graffiti and vandalism;

The Carngham Road Site does not satisfy seven of the 18 desirable site
criteria; and

Designation of the Mount Rowan East Site and part of the Airport South Site
as potential industrial development areas was not supported by the C88
Panel.
A summary of the submissions is included in Attachment 2.
submissions has been circulated to Councillors previously.
A copy of the
Further Strategic Work
Many of the recommendations contained within the Strategy will require subsequent
amendments to the Ballarat Planning Scheme. However, a number of specific
studies will be required as precursors to planning scheme amendments to provide
the necessary basis for the rezoning of land to provide for industrial development.
Studies will be required to comprehensively examine cultural heritage values,
environmental values, flooding and drainage, traffic management issues and to
determine the appropriate type and scale of development, provision of buffers to
existing and future residential areas, etc, prior to the rezoning of any of the sites.
It is standard practice for these studies to be undertaken as part of the detailed rezoning process. Council has already commenced a number of these studies for
parts of the Ballarat West Growth Area and the Ballarat West Employment Zone
(Airport area).
The majority of the land in the Carngham Road corridor is within the Urban Growth
Zone which requires the preparation of a Precinct Structure Plan (PSP) prior to the
commencement of development. A PSP is a master plan which outlines how a
precinct or set of sites will be developed. PSPs are designed to ensure that
communities in new urban areas have good access to services, transport,
employment, shops, open space and recreation facilities.
A Precinct Structure Plan is required to undergo public consultation processes which
may include formal exhibition similar to Amendment C138, and Council has to satisfy
the Minister for Planning that appropriate consultation has occurred before a plan can
be approved.
Therefore, existing residents in the area adjacent to Carngham Road will have further
opportunities for formal input, before any development can occur on the land which is
identified for future development, regardless of the identified use.
CONSIDERATION OF SUBMISSIONS
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Under the provisions of the Planning and Environment Act 1987, Council is required
to consider all submissions made to an Amendment within the exhibition period and
must:

Change the Amendment as requested by the submissions; or

Refer the submissions to an Independent Panel appointed by the Minister for
Planning; or

Abandon the Amendment.
Attachment 4 (Officer response to submissions) outlines the issues raised in the
submissions and provides an assessment. In the event the submissions are referred
to an Independent Panel, as recommended, the assessment will form the basis for
Council’s presentation to the Panel.
OTHER ISSUES
Industrial 3 Zone
The Industrial 3 Zone (IN3Z) is specifically intended to provide for use and
development in areas near sensitive uses. Its purpose is to provide a buffer between
‘heavier’ Industrial 1 Zone uses and local communities and to ensure that lighter
industrial uses which do not affect the amenity of adjacent sensitive uses,
particularly, residential areas, can be accommodated.
A range of uses which have minimal off-site impacts, e.g., car wash, storage units,
warehousing, education centres, equipment servicing, offices, leisure and recreation,
and restricted retailing outlets, can be permitted in the IN3Z. Uses which would be
discouraged in the IN3Z, include abattoir, bitumen batching plant, bulk chemical
storage, chemical production, chemical fertiliser production, liquid fuel depot,
materials recycling, motor vehicle wrecker, sawmill, transfer station and other such
uses which would negatively impact upon neighbouring residential amenity.
Planning approval is required for use and development of land in the Industrial 3
Zone. Issues to be considered in the planning permit process include the potential
for amenity impacts such as emissions, transport movements, external storage
appearance, light spill and glare, landscaping, etc.
Before deciding on an application for the use of land, the responsible authority
(Council) must consider the effect that the use may have on nearby existing or
proposed residential areas, or other uses which are sensitive to industrial off-site
effects. In relation to applications for development and subdivisions within the IN3Z,
Council must consider the interface with non-industrial areas.
Under the IN3Z, a wide range of measures can be employed to manage impacts.
These include controls over vehicle access points, limitations on operating hours,
consideration of the scale of buildings, conditions regarding external storage of
goods, lot size, interface landscaping, earthen mounds, and acoustic shielding
through building placement or the use of fencing at interface boundaries.
Most activities allowed in the IN3Z do not generate unreasonable noise, odours or
other off site impacts and many can provide an acceptable interface between more
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intensive industrial land uses and residential areas, even where physical separation
is limited.
The zone requires consideration of the proximity of sensitive residential uses and
Council is likely to take a conservative approach in its assessment of proposals and
the conditions it imposes. In addition, it is in the interests of the permit applicant to
‘design in’ amenity mitigating measures to extend the range of subsequent uses
which are likely to gain approval under a consequent permit application for use.
Furthermore, public notification requirements (third party rights) for planning permit
applications under the IN3Z ensures that the views of those affected will be
considered and promotes an approach to the formulation of proposals which address
amenity issues.
One local example of an IN3Z use which performs a buffer role is the Southern
Tennis Centre on the corner of Grant Street and Hill Street, Sebastopol, which is
directly opposite dwellings in a Residential 1 Zone. In addition, there are dwellings
which adjoin IN3Z land in the vicinity of the indoor tennis centre, as there are across
many other areas of Ballarat.
Airport South Site
As stated earlier, following exhibition of the amendment it was found that the part of
the Airport South site to the west of the eastern boundary of Winter Swamp had not
been included in the Overall Framework Plan or the Industrial Framework Plan.
During the assessment of submissions, discussions with Council’s Growth and
Economy Department revealed that there is a possibility that the Crown Land north
and west of Winter Swamp will be declared surplus and may then become available
for development. The land is considered to be an important component of the
Employment Zone and there is concern that if the land is declared surplus there must
be guidance for its future use in the Planning Scheme.
In addition, there is a concern that a sensitive use could be proposed on the site
which would require buffers and potentially reduce the area of land available for
industrial development on the remainder of the Airport South Site.
Council informed all property owners and occupiers that an oversight had occurred
and invited further comment. It noted that if the amendment is referred to a Panel,
Council would submit that the said land should be designated for Short to Medium
Term Industrial Growth on the Framework Plans.
Given that there is significant investigation still to be undertaken to determine the
suitability of this land for development, an alternative could be to submit that the land
should be designated as ‘Future Employment Zone (Subject to Further
Investigation)’. This may provide the surrounding residents with greater comfort that
the land is unlikely to be developed in the short term and that further work will be
undertaken in relation to determining buffers, etc.
RELEVANT POLICIES
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Policies relevant to this amendment are outlined in Attachment 5.
OPTIONS
1. Refer the amendment and all submissions, including late submissions, to an
Independent Panel and seek the following modification to the amendment in
Council’s submission to the Panel:

To include the designation of the part of the Airport South Site to the west of
the eastern boundary of Winter Swamp as ‘Short to Medium Term Industrial
Growth’, which was inadvertently omitted from the exhibited Overall
Framework Plan and the Industrial Framework Plan.
Referral of unresolved submissions received in response to the exhibition of a
planning scheme amendment to a Panel is the usual next step in the consideration of
an amendment.
It is important to note that the key role of a Panel is to:

Give submitters an opportunity to be heard in an independent forum and
in an informal, non-judicial manner. A panel is not a court of law; and

Provide independent advice to the planning authority and the Minister
about an amendment and about submissions referred to it. A panel makes a
recommendation to the planning authority. It does not formally decide
whether the amendment is to be approved.
In seeking the appointment of a Panel, Council is not making a formal decision to
approve the amendment, it is merely deciding to refer the amendment and all
submissions to a Panel. The Panel process will provide independent advice and
recommendations to Council which will better inform its final decision on the
amendment.
If Council wishes to modify the amendment to correct the inadvertent omission in
relation to the designation of the entire Airport South Site as ‘Short to Medium Term
Industrial Growth’, on the exhibited Overall Framework Plan and the Industrial
Framework Plan, correction of that error could be requested in Council’s submission
to a Panel.
It is usually only possible for a Panel to consider changes to an amendment or
proposal, especially significant changes, if there is adherence to the rules of natural
justice. The particular rule of natural justice, which must be satisfied, is the
requirement that all matters upon which a decision will be based are revealed to all
parties and they are given an opportunity to be heard.
The flyer circulated with the notification letter to property owners and occupiers
showed the entire extent of the Airport South Site. A number of submissions were
lodged by residents opposing the designation of land for potential industrial
development to the west of the eastern boundary of Winter Swamp in response to
the plan shown in the flyer.
In addition, Council has advised surrounding property owners and occupiers of this
oversight and provided an opportunity for further comment to be made prior to the
formal consideration of submissions.
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This process should satisfy a Panel that the community is aware of the intent to
designate the entire Airport South Site as ‘Short to Medium Term Industrial Growth’,
even though it was inadvertently omitted from the exhibited amendment documents,
and persuade it that re-exhibition of the amendment would not be required.
2. Refer the amendment and all submissions, including late submissions, to an
Independent Panel and seek the following modifications to the amendment in
Council’s submission to the Panel:

To reduce the area identified for ‘Short to Medium Term Industrial Growth’
on the northern side of Carngham Road from a depth of 800 metres to a
depth of 500 metres on the existing Overall Framework and Industrial
Framework Plans; and

To include the designation of the part of the Airport South Site to the west of
the eastern boundary of Winter Swamp as ‘Short to Medium Term Industrial
Growth’, which was inadvertently omitted from the exhibited Overall
Framework Plan and the Industrial Framework Plan.
The exhibited amendment did not seek to change the area which is already
designated for ‘Short to Medium Term Industrial Growth’ in the Carngham Road
corridor, and the designation of part of the Airport South Site to the west of the
eastern boundary of Winter Swamp as ‘Short to Medium Term Industrial Growth’ was
inadvertently omitted from the exhibited Overall Framework Plan and the Industrial
Framework Plan.
If Council wishes to modify the amendment to reduce the extent of the area which is
already designated for ‘Short to Medium Term Industrial Growth’ in the Carngham
Road corridor, in response to issues raised in submissions, and to correct the error in
relation to the designation of the Airport South Site, it could examine those issues in
its submission presented at a Panel Hearing.
There is a possibility that BVCI’s operations may only require a buffer of 500 metres,
even though their evidence presented to the C117 Panel suggested that a 1000
metre buffer was required. If BVCI only requires a 500 metre buffer it could reduce
the extent of the potential Industrial 3 Zone on Crown Allotment 10 on the northern
side of Carngham Road by 300 metres, thus providing a separation between future
industrial development and dwellings abutting that lot of 300 metres.
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300 m
500m
Possible
Residential
Growth
Short to
Medium Term
Industrial
Growth
This approach may require Council to provide expert evidence at a Panel Hearing in
relation to the future land use within the 300 metre separation area, and buffer
requirements for existing industrial operations which affect, or may affect land in the
Carngham Road corridor and the extent of the future Industrial 3 zoning.
As stated earlier, if a Panel decides to consider modifications, it could view the
change as a transformation of the amendment and recommend re-exhibition of the
amendment.
Whilst this approach may resolve the concerns of the Alfredton residents, it is not
known whether it will satisfy the existing industrial operators in the surrounding area.
Unless it can be demonstrated that all parties are aware of, and possibly support, the
requested changes, it is possible that re-exhibition would be required. This may not
be appropriate or practical as it could cause unnecessary delay or protraction of
process in the case of this Amendment.
In addition, according to previous advice from the Department of Planning and
Community Development, a Panel’s role “is restricted to considering and providing
advice about the submissions and the amendment, as proposed.” This advice implies
that it that a Panel may not agree to review the extent of the area which is already
designated in the Planning Scheme for ‘Short to Medium Term Industrial Growth’ in
the Carngham Road corridor.
Therefore, a Panel would not be bound to provide recommendations on, or support
the, requested modifications as the changes could be determined to beyond the
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scope of the amendment. Nevertheless, a Panel would be bound to consider
Council’s submission, in addition to the submissions from other parties including
Alfredton residents, prior to making its recommendations.
3. Resolve to modify the amendment in accordance with changes sought by
submitters.
It is considered that there is a divergence of views expressed in the submissions
received in response to Amendment C138. Whilst the majority of submissions
oppose the amendment, there have been some lodged which support the
amendment.
Therefore, modifying the amendment would not resolve all issues raised by the
submitters, and appointment of a Panel to consider the amendment and all
submissions would still be required.
4. Resolve to abandon the amendment.
This option would not be in the interests of Council or the community as it will result
in the continuing uncertainty for the community, land owners and industrial sector
regarding the identification of land for future industrial development in the
municipality. In particular, there would be continuing uncertainty for land owners in
the Carngham Road corridor who have been seeking a resolution to the future
planning direction for this area since the adoption of the Ballarat West Local
Structure Plan (now the Ballarat West Growth Area Plan) in May 2007.
Areas for future industrial development need to be identified as early as possible to
enable these areas to be protected from development which could compromise the
ability to cater for industrial growth. It this project does not proceed, there is a risk
that Ballarat may not be seen by industry as an appropriate location to establish their
activities.
5. Defer the amendment and commence the Precinct Structure Plan for the
Carngham Road Corridor.
In general, the majority of the submissions have been lodged by residents of
Alfredton who oppose any further industrial development in the Carngham Road
corridor. The residents are concerned about detailed development issues and it is
possible that these concerns could be ameliorated, if detailed development plans
were available.
The Precinct Structure Planning process is the means to determine the detailed
urban structure for the area, including land uses, buffer areas, built form and
landscaping guidelines, etc. However, it was anticipated that Amendment C138
would provide the certainty of broad strategic directions for various areas including
the Carngham Road corridor.
Amendment C138 could be deferred until a Precinct Structure Plan for the Carngham
Road corridor has been completed and publicly exhibited, however, it is anticipated
that this process could take at least 18 months. This would cause a lengthy delay to
the amendment causing uncertainty for the community in relation to the other
potential industrial areas. Therefore, it is considered that this option would not be in
the best interests of Council or the community.
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Although the strategic land use direction for the Carngham Road corridor has not
been finalised, Council could commence initial community consultation with
landowners, surrounding residents and other interested parties. This would enable
the current views of all interested parties to be considered and evaluated, prior to
defining the detailed urban structure of the Precinct.
SOCIAL IMPLICATIONS
There are significant social implications in implementing the recommendations of the
Ballarat Review of Future Industrial Areas 2009. It is intended that Amendment C138
and the Ballarat Review of Future Industrial Areas 2009 will result in positive social
and economic effects by providing appropriate future employment opportunities. In
pursuit of economic and social sustainability, Council is seeking to provide a large
number and wide range of employment opportunities within the municipality to cater
for the projected population of the Ballarat West Growth Area and growing workforce.
The Growth Area is expected to accommodate approximately 14,000 households at
full development equating to a population of between 45,000 and 50,000. This
population will generate a demand for approximately 28,000 jobs.
Local employment is fundamental to achieving the social and sustainability principles
which underpin Council’s planning policies and the Ballarat West Growth Area Plan.
If local employment is to be realised, it will be necessary to provide significant
opportunity for employment within proximity of residential catchments. If the land
was to be made available for residential or other development in the short term, it
may compromise the intended employment outcomes in the future.
The Ballarat Review of Future Industrial Areas 2009 will set the direction for future
industrial growth within the City of Ballarat, contributing towards managing the
relationship between industry and sensitive uses, such as, residential development.
Setting a clear direction for where future industrial land should be located will ensure
that land use conflicts are minimised by ensuring appropriate buffers are maintained
between industry and sensitive land uses.
It is imperative that opportunities for employment are provided in Ballarat, this review
and identification of land for future industrial development will contribute to the
generation of employment in the city.
Human Rights Consideration Matrix
Issue &
Purpose
Rights Impacted
Positive Impact
Negative Impact
Invite public
comment on
designation of
sites for future
industrial land
use.
Entitlement to
participate in Public
Life.
A fair hearing.
Nil.
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Justification /
Alternatives
Council’s resolution
to place the matter
on exhibition
ensured that any
potential submitters
would have the
opportunity to be
heard and thus this
right will not be
infringed.
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Council Meeting
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Ballarat Planning Scheme Amendment C138 Ballarat Review of Future Industrial Areas Cont…
Making a
submission to
Planning
Scheme
Amendment
C127.
Taking part in public
life; and
Planning
Panel
Process.
A fair hearing; and
Nil.
Freedom of
expression.
Nil.
Recognition and
equality before the
law.
All submissions
have been
considered by
Council with equal
weight. All
submissions will be
considered with
equal weight and
views appropriately
heard by the
Planning Panel.
All submitters have
an opportunity to
participate in the
Panel process which
entitles all parties to
a fair and equal
hearing of their
views in regard to
the amendment.
ENVIRONMENTAL IMPLICATIONS
The environmental implications of designating future industrial areas have only been
considered at a broad level as part of this review. Further consideration will need to
be given as part of any future rezoning of land to ensure that environmental values of
particular sites are recognised and protected.
The environmental values associated with land identified for future industrial use
have been considered during the preparation of the Ballarat Review of Future
Industrial Areas 2009. For each of the sites investigated, consideration was given to
the following environmental features:

Flora and fauna values;

Water catchment and groundwater features;

Whether the site is identified as being within, or in proximity to, a
significant landscape;
 Topographical features;
 Potential impacts on nearby sensitive uses from odour emissions.
Environmental studies have been completed for some of the sites identified as future
industrial areas, where further studies are required this is noted in Ballarat Review of
Future Industrial Areas 2009.
CULTURAL IMPLICATIONS
Ballarat’s role as a centre for appropriate industrial development will be assisted by
the Review of Future Industrial Areas. A strong, evolving and dynamic industrial base
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Council Meeting
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Ballarat Planning Scheme Amendment C138 Ballarat Review of Future Industrial Areas Cont…
will continue Ballarat’s proud industrial heritage and contribute to its future as a
vibrant city with a diversified economy.
Detailed assessments of cultural heritage assets within the future industrial areas will
be undertaken at the rezoning or planning permit stages. Any assets which are
identified will be given appropriate consideration as part of the detailed planning
process.
RISK MANAGEMENT IMPLICATIONS
The development of the Ballarat Review of Future Industrial Areas 2009, upon which
this Amendment is based, involved input from key agencies and groups, site
assessments, and a review of relevant legislation to ensure the appropriate
management of constraints and risks.
There are risks if Council does not proceed with this amendment. Areas for future
industrial development need to be identified as early as possible to enable these
areas to be protected from development which could compromise the ability to cater
for industrial growth and undertake infrastructure planning.
Ballarat faces the risk of having a shortage of vacant industrial land and thus not
being able to meet the needs of larger industries. The City is confronted by the
prospect of missing out on significant industrial development and associated
employment due to a lack of availability of appropriately zoned, serviced and located
land. If this project does not proceed, there is a risk that Ballarat may not be seen by
industry as an appropriate location to establish their activities.
It is considered appropriate to deal with the Carngham Road issues via the Panel
process rather than leaving the matter in abeyance.
The Planning and Environment Act 1987 requires Council to consider the issues
raised by all submitters prior to requesting the appointment of an Independent Panel
by the Minister for Planning. This requirement was emphasised in the Auditor
General’s report entitled Victoria’s Planning Framework for Land Use and
Development which was tabled in the Victorian Parliament in May 2008. The Auditor
General recommended that Councils should provide a thorough analysis of issues
raised by submitters in reports “so that due consideration can be given by councillors
when deciding on the course of action to be taken following the exhibition stage”.
Therefore, provided that submissions are given appropriate consideration, referral of
the amendment and submissions to an Independent Panel should not have any risk
implications. All submissions will be considered by the Panel which will present a
report and recommendations to Council. Recommendations would be made in
relation to the exhibited amendment which would provide direction regarding the
future of the proposal to both the community and Council.
FINANCIAL IMPLICATIONS
Council is responsible for the costs of proceeding with this planning scheme
amendment and any fees associated with the amendment.
There can be
considerable fees associated with Panel Hearings, however, these will be met from
Council’s 2010/2011 operating budget.
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Council Meeting
10 November 2010
Ballarat Planning Scheme Amendment C138 Ballarat Review of Future Industrial Areas Cont…
To enable development to occur in the areas identified as suitable for future industrial
purposes, infrastructure will have to be provided. It is anticipated that the provision of
infrastructure will be funded by a combination of Government, Council and
development contributions.
Amending the planning scheme to reflect the recommendations of the Ballarat
Review of Future Industrial Areas 2009 will have positive economic benefits by
ensuring that sufficient land is set aside for industrial purposes to cater for the long
term employment needs of Ballarat, up to the year 2050.
The amendment will have significant economic benefits by providing planning
certainty for future industrial development within the municipality. In addition, the
amendment provides certainty for the development of land along the Carngham
Road corridor, which the Ballarat Review of Future Industrial Areas 2009
recommends should be developed predominantly for residential purposes. The
amendment will enable a Precinct Structure Plan to be prepared for the development
of this area.
CONSULTATION
Considerable public consultation has been undertaken in recent years by Council in
relation to the identification of land for future industrial development. In particular,
this consultation has occurred as part of the preparation of the Ballarat West Growth
Area Plan, and the public exhibition and Panel Hearing processes for Amendments
C88 (Ballarat Industrial Land Use Strategy) and C117 (Ballarat West Growth Area
Plan).
Agencies responsible for the servicing of industrial land within the municipality were
consulted as part of the assessment of servicing requirements which was undertaken
during the preparation of the Ballarat Review of Future Industrial Areas 2009. The
Ballarat Review of Future Industrial Areas 2009 identifies the views expressed by
these servicing authorities for each of the potential industrial sites.
Therefore, it was considered that informal public exhibition of the Ballarat Review of
Future Industrial Areas was not necessary and this important study should progress
into a formal planning scheme amendment process.
The planning scheme amendment has undergone a rigorous consultation process,
as mandated in the Planning and Environment Act 1987. It has provided the
community and interested stakeholders with the opportunity to provide input into
deciding where future industrial growth should be located.
Should Council resolve to request the appointment of an Independent Panel, the
Panel would conduct a public hearing in Ballarat. This provides an opportunity for
those who made a submission during the exhibition period to attend the hearing and
make a presentation to the Panel based on their original submission.
INFORM
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Public Participation
Goal
To provide the public
with balanced and
objective information to
assist them in
understanding the
Promise To The
Public
Methods

We will keep you
informed.
Public
consultation
undertaken as
part of previous
strategic planning
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Council Meeting
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Ballarat Planning Scheme Amendment C138 Ballarat Review of Future Industrial Areas Cont…
problem, alternatives,
opportunities and/or
solutions.
CONSULT
To obtain public
feedback on analysis,
alternatives and/or
decisions.
projects.
We will keep you
informed, listen to and
acknowledge
concerns and
aspirations, and
provide feedback on
how public input
influenced the
decision.
INVOLVE
To work directly with the
public throughout the
process to ensure that
public concerns and
aspirations are
consistently understood
and considered.
We will work with you
to ensure that your
concerns and
aspirations are directly
reflected in the
alternatives developed
and provide feedback
on how public input
influenced the
decision.

Public exhibition
of the amendment
in accordance
with the
provisions of the
Planning and
Environment Act
1987.

Feedback has
been received as
a result of public
notification via
written
submissions, and
phone/email
enquiries.

The referral of the
amendment and
submissions to an
Independent
Panel will provide
an opportunity for
submitters to
present their
views before an
independent body
before Council
decides its
position.
IMPLEMENTATION AND MARKETING PLAN
The Amendment has been subject to the legislative notification processes under the
Planning and Environment Act 1987.
All landowners and previous submitters have been notified of the change that is
proposed to the planning scheme, thus offering an opportunity to further participate in
the planning process.
Land owners affected by any detailed planning for specific areas in the future will be
engaged directly at appropriate times during the process. Council will use a
combination of My Ballarat, the City of Ballarat website, newspaper advertisements,
public information sessions, media releases to engage with the community and other
interested parties.
OFFICER'S DECLARATION OF INTERESTS
Under section 80C of the Local Government Act 1989 (As amended) officers
providing advice to Council must disclose any interests, including the type of interest.
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Council Meeting
10 November 2010
Ballarat Planning Scheme Amendment C138 Ballarat Review of Future Industrial Areas Cont…
Director – Eric Braslis
In providing this advice as the Director, I have no disclosable interests in this report.
Author – Sean O’Keeffe
In providing this advice as the Author, I have no disclosable interests in this report.
CONCLUSION
The Ballarat Review of Future Industrial Areas 2009 is a significant document which
provides clear direction for future industrial growth within the City of Ballarat.
Progressing this important study into the formal planning scheme amendment
process has provided the community and interested stakeholders with the
opportunity to provide input into where future industrial growth should be located.
This Amendment is strategic in nature and seeks to identify potential industrial
development sites in Council’s planning policies. It does not include the re-zoning of
any land for industrial purposes nor is it intended to determine specific design and
development elements, such as, precise buffers for existing industrial operations, or
buffer distances between future industrial development and existing and future
residential development, which will be undertaken in the subsequent stages of the
planning process.
The Panel process will provide Council with an independent review of the issues
raised in submissions and the merits of any changes to the Ballarat Review of Future
Industrial Areas report.
If the amendment is referred to an Independent Panel, a report will be prepared for
Council following the receipt of the Panel’s recommendations to identify and discuss
issues raised and the merits of any modifications to the planning scheme
amendment.
ATTACHMENTS
1 Map of Future Industrial Areas
2 Amendment Documents
3 Summary of Submissions
4 Officer response to submissions
5 Relevant Policies
6 C138 Flyer
7 Ballarat Review of Future Industrial Areas 2009
1 Page
28 Pages
22 Pages
20 Pages
10 Pages
2 Pages
252 Pages
RECOMMENDATION
Council resolve to;
Having considered all submissions to Amendment C138 to the Ballarat
Planning Scheme:
1. Request the Minister for Planning to appoint an Independent Panel under
Part 8 of the Planning and Environment Act 1987 to consider the
submissions;
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Council Meeting
10 November 2010
Ballarat Planning Scheme Amendment C138 Ballarat Review of Future Industrial Areas Cont…
2. Refer all submissions, including late submissions, to the Panel in
accordance with section 23 (1)(b) of the Planning and Environment Act
1987;
3. Submit to the Panel its response to the submissions generally as outlined
in this report and seek the following modifications to the amendment in
Council’s submission to the Panel:

To reduce the area identified for ‘Short to Medium Term Industrial
Growth’ on the northern side of Carngham Road from a depth of 800
metres to a depth of 500 metres on the existing Overall Framework
and Industrial Framework Plans; and

To include the designation of the part of the Airport South Site to
the west of the eastern boundary of Winter Swamp as ‘Short to
Medium Term Industrial Growth’, which was inadvertently omitted
from the exhibited Overall Framework and Industrial Framework
Plans.
4. Prior to requesting the appointment of an Independent Panel undertake an
assessment of the buffer requirements for existing industrial operations
which affect, or may affect land in the Carngham Road corridor and the
extent of the future Industrial 3 zoning.
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