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