REASONS FOR DECISION TO EXERCISE POWER OF
INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND
ENVIRONMENT ACT 1987
BALLARAT PLANNING SCHEME AMENDMENT C180
The Planning and Environment Act 1987 (the Act), 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.
The Ballarat City Council has requested my intervention under section 20(4) of the
Act in respect of an amendment to the Ballarat Planning Scheme.
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 Act and the regulations in respect to Amendment C180
to the Ballarat Planning Scheme.
3.
Section 20(4) of the Act 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 Ballarat West Employment Zone (BWEZ) has been strategically identified to cater
for employment generating uses to support local population growth and is also
recognised in the Central Highlands Regional Growth Plan as a landmark location
within the region for employment and industrial growth. I approved Amendment
C166 to the Ballarat Planning Scheme in June 2013, which facilitated the
development of the 623 hectare BWEZ which will have regionally significant outcomes
for economic activity and employment, creating up to 9,000 jobs and generating
$5 billion in economic activity.
6.
The Ballarat City Council is seeking to reduce the minimum subdivision requirement
of the Special Use Zone 14 (SUZ14) for residential lots sizes from 0.4 hectares to
0.2 hectares where lots are connected to reticulated sewerage.
7.
36.9 hectares of land within BWEZ was set aside in Precinct ‘C’ for a residential
transition and an open space buffer to the industrial land. The current SUZ14 allows a
minimum lot size of 0.4 hectares to provide a transition between the BWEZ to the
north and the existing residential land to the west and south.
8.
Application of appropriate buffers within the BWEZ is critical to manage noise and air
emissions and visual amenity interfaces between industry and housing. The master
plan for the BWEZ endorsed as part of my approval of Amendment C166 provides for
a buffer and open space transition within Precinct C. This will help ameliorate any
amenity impacts between housing and industry.
9.
Major Projects Victoria (MPV) is a key stakeholder, working with the council and
Regional Development Victoria to prepare the project for delivery. The MPV has been
consulted and is supportive of the amendment.
10. The council has provided supporting information advising that it has the necessary
statutory controls in place to address the potential impacts of increasing the number
of residential lots available within the BWEZ, while still retaining the ability to provide
appropriate buffers between industry and housing.
11. The Development Plan Overlay Schedule 10 (Ballarat West Employment Zone)
requires that any development plan for the site must be ‘generally in accordance with
the Ballarat West Employment Zone Master Plan document 2012’ and supported by a
planning report containing an adverse amenity impacts analysis which addresses
potential impacts both within the BWEZ and on adjoining industrial and residential
areas.
12. The amendment will facilitate the development of the BWEZ in a well planned and
coordinated manner by requiring the preparation of a Development Plan prior to any
development commencing.
BENEFITS OF EXEMPTION
13. 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 development
of a site which will have regionally significant outcomes for economic activity and
employment. Given the extensive consultation on the strategic documents that
occurred prior to my approval of the amendment preceding this request (Amendment
C166), the minor nature of the changes proposed in this amendment and the controls
that apply to the land make a formal notification an unnecessary duplication of
process and unduly delay the delivery of this important economic project.
EFFECTS OF EXEMPTION ON THIRD PARTIES
14. The effects of the exemption are that third parties will not have an opportunity to
make a formal submission to the planning authority or to have their submission
considered by a panel.
15. However, the council consulted potentially affected landowners and occupiers, State
Government agencies, service authorities, and the community about the Master Plan,
which shows the preferred development scenario.
16. In addition the council believes the Zone and Overlay controls will adequately provide
for appropriate buffers between housing and industry.
17. Major Projects Victoria is working with the council to prepare the project for delivery
and supports the amendment.
ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH
EFFECTS ON THIRD PARTIES
18. The BWEZ Master Plan has been subject to considerable public consultation.
19. Formal notification and exhibition under the Act would duplicate process and delay
the supply of infrastructure to land in a regional growth area.
20. 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
21. I have decided to exercise my power to exempt myself from all the requirements of
sections 17, 18 and 19 of the Act and the regulations in respect of Amendment C180
to the Ballarat Planning Scheme.
REASONS FOR INTERVENTION
22. I provide the following reasons for my decision to exercise my power under section
20(4) of the Act.
23. 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:

Potentially affected third parties, relevant stakeholders and agencies have
been consulted in the development of the BWEZ and its Master Plan.

Compliance with the requirements of sections 17, 18 and 19 of the Act and
regulations would duplicate the consultation undertaken by the Ballarat City
Council.
SIGNED BY THE MINISTER
MATTHEW GUY MLC
Minister for Planning
Date: 22 October 2014