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BALLARAT PLANNING SCHEME AMENDMENT C127

MINERS REST OUTLINE DEVELOPMENT PLAN

PANEL REPORT

OCTOBER 2010

BALLARAT PLANNING SCHEME AMENDMENT C127

MINERS REST OUTLINE DEVELOPMENT PLAN

PANEL REPORT

Lester Townsend, Chair

Sue Porter, Member

OCTOBER 2010

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Contents

1. SUMMARY AND RECOMMENDATIONS....................................................... 1 1.1 Summary .................................................................................................................... 1 1.2 Recommendations..................................................................................................... 2

2. BACKGROUND....................................................................................................... 7 2.1 The Amendment........................................................................................................ 7 2.2 The Panel .................................................................................................................... 7

3. WHAT IS PROPOSED? ........................................................................................ 11 3.1 Miners Rest............................................................................................................... 11 3.2 Details of the Amendment ..................................................................................... 13

3.2.1 Planning recommendations in the Outline Development Plan........... 13 3.2.2 The proposed Amendment ....................................................................... 15

4. IDENTIFICATION OF ISSUES .......................................................................... 19 4.1 Summary of issues .................................................................................................. 19 4.2 The treatment of the Outline Development Plan................................................ 21 4.3 Issues dealt with in this Report ............................................................................. 22

5. CHANGES TO THE FRAMEWORK PLANS FOR BALLARAT .................. 24 5.1 Are the MSS residential development strategy changes justified? .................. 24

5.1.1 Current policies dealing with residential growth in Ballarat............... 24 5.1.2 Catering for population growth............................................................... 27

5.2 Are changes to the industrial framework strategically justified?..................... 31

6. THE OUTLINE DEVELOPMENT PLAN AND THE AMENDMENT......... 35 6.1 Policy support for structure planning .................................................................. 35 6.2 Recognising constraints.......................................................................................... 36

6.2.1 The impact of the Miners Rest Quarry .................................................... 36 6.2.2 The impact of the Ballarat North Water Reclamation Plant................. 41 6.2.3 Western Freeway (Ballarat Bypass) ......................................................... 44 6.2.4 Ballarat Airport........................................................................................... 46 6.2.5 Flooding....................................................................................................... 46 6.2.6 Highlighting the constraints ..................................................................... 50

6.3 Identifying opportunities ....................................................................................... 51 6.3.1 The proposed community hub and primary school.............................. 51 6.3.2 The proposed reserves and walkways

along the Burrumbeet Creek ................................................................... 55 6.3.3 Dowling Forest Racecourse and the thoroughbred

racing industry .......................................................................................... 58 6.4 Identification of land for rural living.................................................................... 65 6.5 Proposed residential development ....................................................................... 66

6.5.1 Ford and Murphy land.............................................................................. 67 6.5.2 Land on south side of Sharpes Street ...................................................... 68 6.5.3 Land on the north‐east corner of Howe Street and

Cummins Street......................................................................................... 69 6.5.4 Sunland land ............................................................................................... 70 6.5.5 Residential development strategies ......................................................... 72

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6.6 BVP Superannuation land...................................................................................... 72

7. IMPLEMENTING THE OUTLINE DEVELOPMENT PLAN........................ 77 7.1 Use of Outline Development Plan as reference document................................ 77 7.2 What the plan shows............................................................................................... 79 7.3 Issues with strategies .............................................................................................. 80

Appendices

APPENDIX A REVISED CLAUSE 28.01-1............................................................. 81

List of Figures

Figure 1: Extract of Residential Framework showing new residential areas....................................................................................................... 24

Figure 2: Population growth in Miners Rest......................................................... 27

Figure 3: Special subdivision area for horse stables in the Farming Zone....................................................................................................... 62

BALLARAT PLANNING SCHEME AMENDMENT C127 PANEL REPORT: OCTOBER 2010

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1. Summary and Recommendations

1.1 Summary

Amendment C127 to the Ballarat Planning Scheme is a Council initiated amendment that seeks to implement the Miners Rest Outline Development Plan (Volumes 1 and 2) 2007 (the ‘Outline Development Plan’) in the Planning Scheme. The Outline Development Plan was adopted by Council on 12 December 2007.

The Amendment proposes changes to the Overall Framework and Residential Framework Plans to identify parts of Miners Rest as areas for ‘Short to Medium Term Urban Growth (primarily residential)’. There is no detailed analysis to support these changes beyond simple population projections for Miners Rest.

The Amendment also proposes to amend the Overall Framework and Industrial Framework Plans to identify land for ‘Future Industrial (Subject to further investigation)’. This change has not been identified in recent strategic work that addresses industrial land in Ballarat.

The Amendment also proposes a ‘community hub’ for Miners Rest, but this hub is not likely to be achieved as proposed because the primary school will be rebuilt on its current site, rather than forming part of the proposed hub.

We have formed the view that there is no strategic justification to identify any additional residential or industrial land in Miners Rest at this time, but that some elements of the Amendment are appropriate and are supported.

We believe that before any additional residential land is provided in Miners Rest there needs to be an assessment of the role Miners Rest will play in providing for the housing needs of the municipality. This assessment would need to consider the potential of Miners Rest to accommodate further growth in light of the significant physical and environmental constraints within the township. It may be that Miners Rest has a limited role to accommodate future residential growth, but this can only be determined based on a thorough assessment of all the issues that face Miners Rest, and a comparison of the relative merits of Miners Rest and other locations in Ballarat.

The Dowling Reserve Racecourse and the racing industry is a significant opportunity for Miners Rest which needs to be considered in more detail before any decisions on development in Miners Rest are undertaken.


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1.2 Recommendations

Based on the reasons set out in this Report, we recommend:

Amendment C127 to the Ballarat Planning Scheme as circulated to reflect changes flowing from Amendment C137 be adopted subject to the following changes:

1. At Clause 21.03 (Ballaratʹs Strategic Framework) on the Overall Framework Plan abandon: the proposed changes identifying parts of Miners Rest for ‘Short to medium Term Residential Growth (primarily residential)’, and

the proposed identification of areas of Miners Rest as ‘Future Industrial (Subject to further investigation)’.

2. At Clause 21.04 (Land Uses) on the Residential Framework Plan abandon the proposed changes identifying parts of Miners Rest for ‘Short to medium Term Residential Growth (primarily residential)’.

3. At Clause 21.04 (Land Uses) on the Industrial Framework Plan abandon the proposed identification of areas of Miners Rest as ‘Future Industrial (Subject to further investigation)’.

4. In Clause 21.05‐4 (Other actions) delete the third last dot point: ‘Implement the Town Centre Master Plan in the Miners Rest Outline Development Plan 2007 to integrate commercial and community facilities including recreation areas, the proposed education site and the open space reserve along Burrumbeet Creek.’

5. In Clause 21.09‐1 (Land use) delete reference to: ‘Investigate the area generally south east of the Miners Rest Quarry and west of Lindsays Road, Miners Rest for residential use, and consider appropriate overlays to be applied.’

‘Investigate applying an Industrial Zone to land south and west of the Miners Rest Quarry to the Western Freeway, in accordance with the area identified in the Miners Rest Outline Development Plan (Volumes 1 and 2) 2007.’

6. In Clause 21.09‐1 (Land use) amend the last dot point to read: ‘Investigate the needs of the racing industry in Miners Rest and review the existing planning controls within and around the Dowling Forest racecourse precinct.’


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7. In Clause 21.09‐2 (Built Form and Amenity) delete reference to: ‘Investigate the application of a Design and Development Overlay to ensure that dwellings are not constructed within 50 metres of the Western Freeway.’

8. In Clause 21.09‐3 (Environment) alter the second last dot point to read: ‘Amend the Ballarat Planning Scheme to apply an appropriate overlay (e.g. Land Subject to Inundation) to identify any land in Miners Rest which is included within the floodplain of the Burrumbeet Creek.’

9. In Clause 21.08‐1 delete reference to:

‘It is designated as a short to medium term residential growth area in the Residential Framework Plan in clause 21.04‐2.

The supply of existing residentially zoned land should be sufficient to accommodate projected demand in the area to 2021. The Miners Rest Outlined Development Plan (Volumes 1 and 2) 2007 (Outline Development Plan) provides a clear framework to accommodate residential growth in Miners Rest between 2021 and 2031.

Rezoning of the land identified as Proposed Residential 1 Zone on Miners Rest Outline Development Plan (Volumes 1 and 2) 2007 (Outline Development Plan) to Residential 1 Zone should be sufficient to accommodate projected demand to 2031. At that time, the projected population of Miners Rest is 3,800 persons. Accommodating that growth based on achieving a dwelling density of 10 dwellings per hectare outside the Town Centre and 30 dwellings per hectare inside the Town Centre. The Outline Development Plan identifies scope to accommodate an additional 730 persons beyond 2031 if necessary by increasing the dwelling density outside the Town Centre to 12 dwellings per hectare.’

10. In Clause 21.08‐1 amend the preamble to include the following statements:

‘Miners Rest is the home of the Dowling Forest Racecourse. The Racecourse is one of five major training centres in the state and is being developed by Racing Victoria. The Racecourse is a major opportunity for Miners Rest and has the ability to make a significant contribution to the town economically, socially and environmentally.’


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‘Miners Rest has a number of significant constraints which may limit the development potential of the town. These include the Miners Rest quarry, flood prone land, the airport flight paths, the Western Highway bypass and the Ballarat North Water Reclamation Plant.’

11. In Clause 21.08‐1 (Implementation Strategies – Land Use): Replace Strategy 1 with: ‘Ensure that land use, development and subdivision in Miners Rest is consistent with the Miners Rest Outline Development Plan that forms part of this clause.’

Delete reference in Strategy 2 to ‘… and rezoning of land to the Residential 1 Zone except where it is located within a Proposed Residential 1 Zone or Existing Residential 1 Zone or Existing Mixed Use Zone as designated on the Outline Development Plan.’

Replace Strategy 4 with: ‘Encourage further commercial development in the Mixed Use Zone’.

Include a strategy: ‘Maintain a buffer around the Miners Rest quarry until quarry uses have ceased and the site is rehabilitated’.

12. In Clause 21.08‐1 (Implementation Strategies, Built form and amenity): Replace Strategy 1 with: ‘Encourage a variety of medium density housing in the Mixed Used Zone.’

Replace Strategy 3 ‘Ensure noise sensitive urban uses are setback at least 50 metres from the Western Freeway.’ with ‘Ensure noise sensitive urban uses are setback from the Western Freeway to achieve VicRoads noise policy outcomes.’

Amend Strategy 4 to read: ‘Encourage the development of a pedestrian, bicycle and equestrian pathway system as an interconnected network along the Burrumbeet Creek, through open space and within road reserves where appropriate.’

Replace Strategy 6 with: ‘Encourage the provision of open space generally in accordance with the location of the proposed reserve system (with walking trail) identified on the Outline Development Plan that forms part of this clause.’

13. In Clause 21.08‐1 (Implementation Strategies – Infrastructure): Replace Strategy 1 with: ‘Co‐locate community infrastructure in a central location in Miners Rest’.

Delete Strategy 2 which reads ‘Ensure that no development occurs within the Obstacle Limitation Surface (OLS) of the Ballarat Airport 18/36 runway.’


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Include a strategy: ‘Ensure sensitive uses are setback from potential odour sources in the Ballarat North Water Reclamation Plant.’

14. In Clause 21.08‐1 (Other Implementation Actions) delete: ‘Prepare site specific Master Plans which provide for the co‐location of education and community facilities in a central location consistent with the Outline Development Plan’.

15. On Map 1 to Clause 21.08‐1 in the legend: Replace the term ‘Study area boundary’ with a more appropriate notion.

Delete reference to the ‘Existing Special Use Zone’. Delete reference to and identification of the ‘Proposed Erosion Management Overlay’.

Delete ‘Proposed Residential 1 Zone’. Delete the note: ‘Please note: All existing overlays are to remain in place and have been deleted from this plan for clarity. Refer Miners Rest Existing Facilities and Planning Controls (Map 2) for existing overlays’.

16. On Map 1 to Clause 21.08‐1: Identify an indicative 500 metre buffer from the quarry. Delete the identification of a 50 metre buffer on the southern boundary of what is known as the ‘Ford Murphy land’.

Clearly identify the indicative 1:100 floodplain of the Burrumbeet Creek.

Delete identification of and reference to ‘Proposed Special Use – Education zone’.

Delete ‘Proposed Industrial Zone (subject to further investigation)’.

Delete the ‘Proposed Residential 1 Zone’ identification from the land on south side of Sharpes Street.

Delete the ‘Proposed Residential 1 Zone’ identification from the Ford and Murphy land.

Replace identification of the land on Land on the north‐east corner of Howe Street and Cummins Street as ‘Proposed Residential 1 Zone’ with ‘Possible urban development’.

Identify the Sunland land as ‘Possible urban development’. Delete the notation ‘Future investigation for urban purposes’.


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Amend the depiction of ‘Proposed reserve (with walking trail)’ to identify the trails with an indicative line.

Identify the Dowling Forest Racecourse and the land identified in Maps 1 and 2 to the Schedule to Cluse 35.07 as ‘Dowling Forest Racing Precinct’ and delete the reference to ‘Existing Special Use Zone.’


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2. Background

2.1 The Amendment

Amendment C127 seeks to implement the Miners Rest Outline Development Plan (Volumes 1 and 2) 2007 in the Ballarat Planning Scheme.

The Outline Development Plan has been prepared by the City of Ballarat to guide the future development of Miners Rest. The Outline Development Plan was adopted by Council in December 2007. The 2007 Outline Development Plan is a revision of an earlier Outline Development Plan adopted in 1994.

The planning authority is the City of Ballarat.

2.2 The Panel

The Panel was appointed under delegation to Sections 153 and 155 of the Planning and Environment Act 1987 to hear and consider submissions in respect of the Amendment. The Panel consisted of:

Chair: Lester Townsend; and Member: Sue Porter.

The Panel was initially appointed on the 30 June 2010 and consisted of Mr Wimbush as chair with Ms Porter. On the 19 July 2010 that appointment was cancelled as Mr Wimbush was no longer available, and the Panel was reappointed with Mr Townsend and Ms Porter.

Hearings and inspections

A Directions Hearing was held on 2 August 2010 at Ballarat. The Panel Hearing was held on 30 and 31 August 2010 at Ballarat.

We inspected the site and surrounding area on 2 August 2010.

Exhibition

On 12 December 2007, Council resolved to prepare and exhibit an amendment to the Ballarat Planning Scheme to incorporate a number of the changes recommended in the Outline Development Plan.

The Amendment was exhibited from 4 June 2009 to 13 July 2009, by:


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placing a notice in the Government Gazette on 4 June, 2009 and in the Ballarat Courier on 14 June 2009;

mailing a notice to affected land owners and affected authorities and ministers; and

making all amendment information available on Councilʹs website.

Changes to exhibited amendment documentation

Council advised that significant changes to the exhibited Amendment documentation were required to reflect the new format of the LPPF introduced through Amendment C137, gazetted on 18 March 2010.

Amendment C137 implemented the outcomes of Councilʹs most recent Planning Scheme Review. Amendment C137 was a ‘policy neutral’ amendment that substantially re‐structured and simplified the form and content of the Local Planning Policy Framework. It relocated a number of local policies into the MSS; consequently the local policy for Miners Rest comprising implementation strategies relating to ʹland useʹ, ʹbuilt form and amenityʹ, ʹenvironmentʹ and ʹinfrastructureʹ are now found at a new Clause 21.08‐1.

Council circulated revised amendment documentation which reflects the new format of the LPPF and incorporates some further changes to drafting. Council submitted the changes improve the Amendment and give better effect to the recommendations in the Outline Development Plan or correct factual information.

We have based our report on this amended documentation. This is included as Appendix A.

Submissions

We have considered all written and oral submissions and all material presented to us in connection with this matter.

We heard the parties listed in Table below.


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Table 1: Persons heard

Submittor Represented By

City of Ballarat Kate Morris of Maddocks

Dennis Davey Rosalie Bilson

Alan Ford, Auroria Development Company, Marita Murphy and Integra (the ‘Ford and Murphy land’)

John Cicero of Best Hooper, who called Glen Kell of Beveridge Williams

B Beck, A Bouts, C B Bouts Susan Hemingway

Peter and Kelly Jones

Miners Rest Primary School Barry Heywood

Dr C D (Kim) McKellar

BVP Superannuation Nominees Pty Ltd Peter O’Farrell

Sunland Group Victoria Phillip McCutcheon of The Planning Group (attended but did not present)

Central Highlands Water John Glossop of Glossop Town Planning, with David Clements of Central Highland water

A list of all written submissions to the Amendment is included in Table 2.

A late submission was lodged by The Planning Group on behalf of Sunland Group Victoria and BVP Superannuation relating to the property known as Wyndholm Park, located on the west side of Gillies Road and south side of Cummins Road.

After the Directions Hearing, Sunland and BVP Superannuation gave notice that they would be represented separately at the Panel Hearing.

Further directions

At the Hearings on 30 August 2010 we directed a copy of the Works Authority for the Miners Rest Quarry be circulated, and that we would give 14 days for any supplementary submissions that flowed from consideration of the Works Authority. Material was circulated by email on 7 September 2010. Comments were received from Mr Cicero and Council and these are addressed in this report.


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Table 2: Submittors

Submittor Organisation (if any) Winifred Fennell John Altieri Rosemary Anderson Vincent Quinn VicRoads Peter and Kelley Jones Adam Parrott City of Ballarat Dr Kim McKellar Wyndholm Park Brenda Beck B Beck, A Bouts and C B Bouts Jenny & Greg Maney Peter Oliver Aquanita Racing Grant Tillett Nortell Investments Pty Ltd Alan Ford Rob Hines Racing Victoria Limited Shane Brennan Ballarat Turf Club Thomas Ford David Clements Central Highlands Water James Iles, TGM Group Davey Family Dennis J Davey James Iles, TGM Group Landowners in Sharpes, Kennedys, Bones

and Garland Roads, Miners Rest Mr & Mrs Garry and Marita Murphy Marion Bennett Laurel Donaldson Miners Rest Primary School Peter Burnett Coronet City Cricket Club Wayne & Caroline Pick Phillip McCutcheon, The Planning Group Sunland Group Victoria and

BVP Superannuation Nominees Pty Ltd


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3. What is proposed?

3.1 Miners Rest

Miners Rest is a township located 13 km from central Ballarat. It is described in the current Clause 21.08‐1 of the Scheme as follows:

Miners Rest is a small settlement to the north of the Ballarat urban area. It has been designated as a short to medium term residential growth area and it is projected that, with constraints on development such as the Western Highway bypass, flood prone land and the airport flight paths the township has the capacity to accommodate a total of 970 lots (or an additional 2000 people).

The town has historically developed with two main areas of focus and there is no clearly defined town centre.

The defining natural features in the area include a number of parklands, such as the Ballarat North Common in the south east, Miners Rest Wetland Reserve to the east of the town centre, the Burrumbeet Creek, and Mount Pisgah to the north.

There are a number of significant constraints on the development potential of the town including a quarry, the Ballarat North Water Treatment Plant, the Western Highway Bypass and an airport. In addition, the area is subject to significant flooding.

The Dowling Forest Racecourse is located in Miners Rest. The Racecourse occupies 300 hectares of land and is one of provincial Victoriaʹs premier racetracks, hosting over 32 race meets a season.

There is an existing state primary school, however, there are no post primary education, medical, recreation and cultural facilities.

Development of the Outline Development Plan

Council recognised the development potential of Miners Rest and commissioned Wilson Sayer Core Pty Ltd to prepare an Outline Development Plan in 1994.

The aims of the 1994 Outline Development Plan were: to encourage development of an area identified for future growth in

the Ballarat region;


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to take account of existing development commitments and patterns; to create a special character and identity for the area; to provide a residential environment which is attractive, safe and

liveable; to identify areas affected by constraints on development (including

flood liable land and land affected by noise from the freeway) and to develop appropriate management criteria;

to protect natural resources (including agricultural land); to protect the environmental values of the area, including

waterways, wetlands, remnant native vegetation and flora and fauna;

to create a safe, efficient and attractive internal road system; to provide a safe, efficient and alternative system for

pedestrian/bikeway links; to provide a servicing infrastructure which is satisfactory and

efficient; and to provide for community and commercial services which are

integrated, coordinated and accessible.

The key recommendations of the 1994 Outline Development Plan were incorporated into the Ballarat Planning Scheme through amendments to the LPPF including the MSS. Since this time, Miners Rest has undergone significant growth.

In the context of current and projected growth for the area, Council decided that the 1994 Outline Development Plan should be reviewed. Council commissioned a consortium consisting of THA Landscape Architects, ASR Research and Ross J Goyne Consulting to prepare a revised Outline Development Plan. The purpose in preparing the revised Outline Development Plan was to establish a clear framework for the future development of Miners Rest. The Outline Development Plan was seen as the tool to identify opportunities for development. This was to be achieved through an assessment of:

the physical and environmental features and constraints in the Miners Rest locality;

the opportunities presented for development and enhancement; rural‐township interface issues; the requirement for additional services, facilities and infrastructure

commensurate with the recommended level of new development; the social and recreational needs of an expanding community that

is based on an existing small township;


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the population and development level where community and recreational facilities will be provided; and

the work and funding required to implement the plan’s recommendations.

A public consultation forum was held on 30 August 2007 at the Cooinda Centre in Wendouree. Thirty five submissions were received during this exhibition process. The issues raised by these submissions included:

the need to investigate a number of sites for future residential development;

the proposed walkway along Burrumbeet Creek; future use of the quarry; the proposed community hub; and the importance of the local racing industry.

Having considered all of the submissions, Council resolved on 12 December 2007 to adopt a modified version of the Outline Development Plan which incorporated a number of changes, primarily to its format and maps. At the same meeting, Council resolved to request authorisation from the Minister to prepare this Amendment.

3.2 Details of the Amendment

3.2.1 Planning recommendations in the Outline Development Plan

The Outline Development Plan 2007 identifies 14 ʹkey issuesʹ which affect development of Miners Rest. Not all of these issues can be addressed in the Planning Scheme. The key recommendations in the body of the Outline Development Plan related to planning listed below. These have been edited and reordered by us to ensure a consistent form of expression, improve their clarity and remove duplication.

The recommendations include: Protecting volcanic landscape features:

- Provide enhanced landscape protection to both branches of the Burrumbeet Creek and all of Mt Pisgah through extension of the Erosion Management Overlay.

- Apply the Land Subject to Inundation Overlay (for example) to the floodplain of the Burrumbeet Creek.

- Investigate rezoning vacant residentially land within the floodplain of the Burrumbeet Creek to a non‐urban zone.

- Prepare landscape guidelines for new development.


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Waterways and wetlands: - Discuss the acquisition of land along the Burrumbeet Creek

with affected authorities as a matter of the high priority. - Create a trail along the Burrumbeet Creek. - Consider acquisition of the wetland/retarding basin on the

property on the north‐west corner of Howe and Clarke Streets. Development pattern:

- Adopt the development pattern for the township shown on the ‘Preferred Development Pattern’.

- Rezone certain land to Residential 1 Zone and Industrial. - Investigate the area described generally to the south east of the

existing quarry and west of Lindsays Road for residential uses. - Apply the Industrial 1 Zone south and west of the former

Miners Rest Quarry to the Western Freeway. - Rezone the bulk of the Miners Rest Quarry land and west of the

quarry and south of Burrumbeet Creek for light industrial use. Development potential and land capability:

- Provide policy on appropriate densities for residential areas and encourage a variety of lot sizes.

- Include urban design guidelines for development of public spaces.

- Introduce a Development Contributions Plan to fund new and upgraded infrastructure.

Roads and trail systems: - Provide for an integrated road pattern including a requirement

that development front Howe Street continuing the pattern of service roads.

- Provide for off‐road trails. - Identify Glenanes Road as a possible long term township

bypass. - Implement a network of horse exercise trails that include off

road trails in road reserves. - Provide linking cycle footpaths to Mitchell Park/Wendouree.

The Western Freeway and Miners Rest Quarry: - Investigate the provision of a Design and Development Overlay

to require that no dwelling is constructed within 50 metres of the freeway without a planning permit.

- Apply a Development Plan Overlay to ensure there is appropriate provision of a suitable physical landscaped buffer


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between the Industrial 1 Zone and the Residential 1 Zone to the east and north.

The town centre: - Adopt the indicative design for the town centre including

potential locations for commercial and community facilities. Locations and need for community facilities:

- Provide a range of specified community facilities. - Progressively develop a community facilities hub, comprising a

primary school, active sports reserve and multi purpose community on a 13 ha site near the town centre.

- Produce a development masterplan for the community facilities hub and include the site in an Incorporated Plan Overlay.

The horse racing industry and the miners rest horse racing precinct: - Review the success of the existing planning controls concerning

the definition and use of the racecourse precinct in light of the experience in their use and modify as required.

General Environmental Issues: - Enhance the natural environmental values of the area primarily

through the reintroduction of locally indigenous species.

Not all of these recommendations have found their way into the Amendment.

3.2.2 The proposed Amendment

General frameworks and policies

The proposed amendments to general frameworks and policies (in the new MSS format) comprise the following.

In Clause 21.03 (Ballaratʹs Strategic Framework): amending the Overall Framework Plan to identify parts of Miners

Rest as areas for ʹShort to Medium Term Urban Growth (primarily residential)ʹ and ʹFuture Industrial (Subject to Future Investigation)ʹ.

In Clause 21.04 (Land Uses): amending the Residential Framework Plan to identify parts of

Miners Rest as areas for ʹShort to Medium Term Urban Growth (primarily residential)ʹ;

amending the Industrial Framework Plan to identify part of Miners Rest for ʹFuture Industrial (Subject to Future Investigation)ʹ; and


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amending Clause 21.04‐2 (Land Uses ‐ Housing) to introduce new strategies: - to ensure subdivision design in Miners Rest is based on land

capability, site constraints and proximity to the town centre; and

- to encourage a variety of lot sizes to provide variability, affordability and a better relationship between the subdivision and the environmental characteristics of the site.

In Clause 21.05‐4 (Built form and amenity – Implementation – Other Actions):

introducing new ʹactionsʹ relating to Miners Rest including: - implementing the Town Centre Master Plan in the Outline

Development Plan to integrate commercial and community facilities including recreation areas, the proposed education site and the open space reserve along Burrumbeet Creek;

- developing better visual and physical links between Miners Rest and the Ballarat Town Common; and

- preparing detailed design guidelines for all public spaces in the township.

In Clause 21.06 (Environment): introducing a new strategy into Clause 21.06‐6 (Landscape) directed

at the protection of Burrumbeet Creek and Mt Pisgah in Miners Rest;

introducing new implementation actions into Clause 21.06‐8 (Implementation) including: - applying the Erosion Management Overlay to areas subject to

landslip (including Mr Pisgah and Burrumbeet Creek); - landscaping to soften the impact of the Freeway and create an

enhanced sense of Miners Rest as a discrete settlement; and - developing an implementation strategy for acquiring a public

reserve and access along Burrumbeet Creek.

In Clause 21.07‐4 (Infrastructure): introducing new actions into Clause 21.07‐4 (Implementation)

including: - funding and establishment of a Community Centre in Miners

Rest; - funding and establishment of a trail network in Miners Rest

including footpath/cycle links to Mitchell Park/Wendouree; and


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- planting street trees.

Local Area provisions

The proposed amendments to the local area section (Clause 21.08‐1 in the new MSS format) are shown in Appendix A.

Further Strategic Work

In Clause 21.09‐1 (Land Use): investigating appropriate development densities for residential

development; investigating the potential of the land south east of the quarry and

west of Lindsays Road for residential use and the need for any overlays;

investigating rezoning land south and west of the quarry to the Western Freeway to industrial in accordance with Outline Development Plan; and

reviewing the existing planning controls within and around the Dowling Forest Racecourse.

In Clause 21.09‐2 (Built form and amenity): preparing urban design guidelines for development of public

spaces that recognise the desired semi‐rural character; preparing a landscape design for the entrance to Miners Rest; investigating the application of a DDO to ensure development does

not occur within 50 metres of the freeway; investigating the potential of a DPO to ensure there is a landscaped

buffer between the quarry and Residential 1 Zone land; and undertaking a heritage study for Miners Rest.

In Clause 21.09‐3 (Environment): investigating rezoning vacant residentially zoned land within the

floodplain of the Burrumbeet Creek to a non‐urban zone; considering applying a LSIO to identify land in Miners Rest which

is located within the floodplain of the Burrumbeet Creek; and preparing landscape guidelines for new development and

environmental rehabilitation to enhance the existing environment and identified landscape characteristics.

In Clause 21.09‐4 (Infrastructure): consider introducing a Development Contributions Plan to fund

new infrastructure associated with new development.


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Reference Documents In Clause 21.10 the Miners Rest Outline Development Plan (Vol 1 and 2) December 2007 is listed a reference document.

Overlays The Amendment also seeks to:

extend the Erosion Management Overlay to protect the entirety of Mount Pisgah; and

extend the existing Erosion Management Overlay to protect the Burrumbeet Creek where it traverses the Sunraysia Highway.


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4. Identification of issues

4.1 Summary of issues

A total of 25 submissions were received by Council. One submission (from Sunland) was received after the exhibition period.

The majority of submissions provided ʹin principleʹ support for the Outline Development Plan and only requested changes, or objected, to particular aspects of the Outline Development Plan or the Amendment.

On 9 June 2010, Council resolved to refer all submissions to a Panel in accordance with section 23(1)(b) of the Act.

Issues raised in submissions

The key issues raised in submissions include: whether sufficient strategic planning work has been undertaken to

justify the urban expansion of Miners Rest; the identification and extent of the proposed Residential 1 areas

including its impact on the quiet country town atmosphere of Miners Rest and on property values;

whether environmental constraints have been properly investigated and whether appropriate investigations should be undertaken prior to finalising the Amendment;

the importance of the Ballarat North Water Treatment Plant and whether the plant had sufficient strategic recognition in the Amendment;

the location and proposed future of the community hub and the proposed relocation of the primary school;

the proposed reserves and walkways along the Burrumbeet Creek; the role of the thoroughbred racing industry and the Dowling

Forest Racecourse; the expansion of the area covered by special subdivision provisions

for racehorse training; the future use and expansion of the Miners Rest Quarry and the

need for possible buffers, and whether there is a need to provide a buffer to the Ballarat North

Waste Water Treatment Plant.


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Ministerial Directions

Direction No 11 – Strategic Assessment of Amendments

The purpose of the Strategic Assessment Guidelines is to provide a consistent framework for the evaluation of a proposed planning scheme amendment and the outcomes it produces.

The Guidelines require us to consider: Is an amendment necessary? Does the Amendment comply with the requirements of the Planning and Environment Act?

Does the Amendment support or implement the SPPF? How does the Amendment support or implement the LPPF, and

specifically the MSS? Does the Amendment make proper use of the VPP? How does the Amendment address the views of relevant agencies? Have the resource and administrative implications of the

Amendment for the responsible authority been properly considered?

Based on our strategic assessment of the Amendment we consider that there are issues on how the Amendment addresses some of these strategic assessment guidelines and these will be addressed throughout this report.

Compliance with Practice Notes

The following Practice Notes are relevant to the consideration of this Amendment:

Extractive industry proposals, April 2006; Assessing mining proposals, April 2006; and Applying the flood provisions in planning schemes ‐ a guide for councils,

August 2000.

A consideration of the Amendment against these Practice Notes raises issues in relation to buffers around the extractive industry and how flood issues are addressed.

Form and content

Using Victoria’s Planning System, Chapter 9: Plain English provides advice on form and content as do the following practice notes:

Writing schedules;


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Using maps in planning schemes; Applying the Public Land Zones; Writing a local planning policy; Format of Municipal Strategic Statements; and Incorporated and reference documents.

Based on our assessment of the Amendment we consider that there are some issues which need to be considered and these are outlined in Section 7 of this report.

4.2 The treatment of the Outline Development Plan

The treatment of the Outline Development Plan in the Amendment raises a number of issues for us, including its statutory role, how we should respond to submissions that sought changes to it and the process of implementing it.

The Practice Note: Incorporated and Reference Documents (August 2000) includes the following commentary in relation to Reference Documents:

Reference documents provide background information to assist in understanding the context within which a particular policy or provision has been framed. A variety of different types of document may perform this role. They may be wide ranging in their content and contain information not directly relevant to specific decisions under the planning scheme.

…

Reference documents can be used in a number of ways. They can be used as a basis for preparing the Municipal Strategic Statement (MSS), local planning policies or requirements in the planning scheme, or can be mentioned in the planning scheme as a source of useful background information.

Reference documents have only a limited role in decision‐making as they are not part of the planning scheme. They do not have the status of incorporated documents or carry the same weight.

It was notable that a number of submissions were focussed on the content of the Outline Development Plan, rather than on the content of the Amendment.

While it was entirely appropriate that the veracity of the background work be rigorously tested, it seemed to us that Council and many submittors have an unwarranted expectation about the statutory role that the Outline Development Plan should have.


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It is clear to us that the Outline Development Plan should only be relied upon to provide background or explanatory material in support of the planning scheme. It should not be relied upon as a de facto planning control that sits outside the planning scheme. If Council intended the Outline Development Plan to have a statutory function then it should have proposed that it be included as an Incorporated Document. We note the Practice Note commentary that:

One of the benefits of incorporating documents into the planning scheme is that the document carries the same weight as other parts of the scheme.

This is not to say that the Outline Development Plan has been configured in a manner or includes material that would necessarily make it suitable as an Incorporated Document. In our view, Outline Development Plans are the types of documents that are appropriately nominated as Reference Documents and as such they have a very limited statutory function.

We do not support an approach whereby Reference Documents are relied upon as a de facto statutory tool. This is consistent with many past panel reports. The elements of the Outline Development Plan that are intended to have statutory weight should be implemented through appropriate VPP tools, and explicit statements or plans within the planning scheme itself.

4.3 Issues dealt with in this Report

We have considered all written submissions to the Amendment, as well as submissions presented to us during the Hearing. In addressing the issues raised in those submissions, we have been assisted by the information provided to us as well as our own observations from inspections of Miners Rest and specific sites.

This Report deals with the issues under the following headings:

Changes to the framework plans for Ballarat Are the MSS residential development strategy changes justified?

- Current policies dealing with residential growth in Ballarat. - Catering for population growth.

Are changes to the industrial framework strategically justified?

The Outline Development Plan and the Amendment Policy support for structure planning. Recognising constraints:

- The impact of the Miners Rest Quarry; - The impact of the Ballarat North Water Reclamation Plant;


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- Western Freeway (Ballarat Bypass); - Ballarat Airport; - Flooding; and - Highlighting constraints.

Identifying Opportunities: - The proposed community hub and primary school; - The proposed reserves and walkways along the Burrumbeet

Creek; and - Dowling Forest Racecourse and the thoroughbred racing

industry. Identification of land for rural living. Proposed Residential Development:

- Ford and Murphy land; - Land on south side of Sharpes Street; - Land on the north‐east corner of Homes and Cummins Street; - Sunland land; and - BVP Superannuation Nominees land.

Implementing the Outline Development Plan Use of Outline Development Plan as reference document. What the plan shows. Issues with strategies.


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5. Changes to the framework plans for Ballarat

5.1 Are the MSS residential development strategy changes justified?

The Amendment proposes changes to the Overall Framework Plan in Clause 21.03 (Ballaratʹs Strategic Framework) and the Residential Framework Plan in Clause 21.04 (Land Uses) to identify parts of Miners Rest as areas for ʹShort to Medium Term Urban Growth (primarily residential)ʹ.

The issue is whether there is strategic justification to identify these areas for urban growth. Figure 1: Extract of Residential Framework showing new residential areas

5.1.1 Current policies dealing with residential growth in Ballarat

Council submitted that the Amendment was consistent with State and Local Planning Policy Framework. In considering whether further residential development at Miners Rest is consistent with the State and Local planning policy we considered the following policies:

State Planning Policy Framework

Clause 11 – Settlement [reference revised to reflect VC71 changes] — provides that planning should ensure a sufficient supply of land is available for residential uses over at least a 15 year period and provide clear direction on those locations where growth should occur.


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We note that this policy also states that residential land supply should be considered on a municipal basis rather than town by town and that planning for urban growth should consider the limits of land capability, natural hazards and environmental quality.

Clause 11.05 ‐ Regional development [reference revised to reflect VC71 changes] – promotes the sustainable growth and development of regional Victoria through a network of settlements which are identified in the Regional Victoria Settlement Framework Plan, including Ballarat. This Clause contains a strategy aimed at guiding the structure, functioning and character of each settlement taking into account municipal and regional contexts and frameworks.

Local Planning Policy Framework

Clause 21.03 – Ballarat’s Strategic Framework – provides an overview of the existing land uses, natural features and proposed directions for future growth. The current Framework Plan identifies Miners Rest as ‘Existing Residential’, however it does not identify the town as having potential for future growth, directing all future residential growth into the Ballarat West area.

Clause 21.04‐1 – Settlement – states that Ballarat has undergone significant urban development over recent years with many of the areas available for residential use having been taken up. It states that urban expansion opportunities are limited to the west and south‐west of Ballarat and that this is to be achieved by encouraging infill development. The most relevant strategies are:

Strategy 1.1 ‐ Implement the Overall Framework Plan included in Clause 21.03.

Strategy 1.2 – Ensure between 10 and 15 years supply of land is available for major land uses, including residential …... Priority areas are identified within the relevant framework plans.

Strategy 1.4 ‐ Coordinate urban expansion to the west of Ballarat in accordance with the Ballarat West Growth Area Plan 2009.

Clause 21.04‐2 – Housing – states that residential growth should be provided for in an orderly and efficient manner and a strategy to achieve this is to implement the Residential Framework Plan to this Clause. This plan identifies the Ballarat West Growth Area as the focus


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for future urban development, but does not identify Miners Rest as having any further residential development potential.

Clause 21.08‐1 – Miners Rest – identifies Miners Rest as a small settlement to the north of Ballarat which has been designated as a short to medium term residential growth area, which given the various constraints has the capacity to accommodate a total of 970 lots.

In considering the relevance of the current Clause 21.08‐1 we note that designation of Miners Rest as a short to medium residential growth area was identified in the Ballarat Strategy Plan 1998 and the 1994 Miners Rest Outline Development Plan, and the areas identified for potential growth have already been developed. These Plans are now out of date and provide very little useful policy direction, and it cannot be automatically assumed that Miners Rest is still a short to medium term growth area without further strategic analysis. We note that the current Clause 21.08‐1 also recognises the capacity of the Miners Rest township to accommodate future growth is limited due to the development constraints in the township.

Does current policy support expansion of Miners Rest?

The Residential Framework Plan identifies Miners Rest as an existing residential area, but does not identify the town as a having any further residential development potential. It is quite clear the focus of the current policy direction is to accommodate future residential growth within the Ballarat West Growth Area, and that Miners Rest is not identified as a focus for residential growth. It is also clear that the strategic framework recognises that development of Miners Rest is significantly constrained and its potential for further growth may be limited.

We believe that there is no existing strategic justification in the Planning Scheme to identify additional areas for future rezoning to ‘Residential 1’ or as ‘Future investigation for urban purposes’ in Miners Rest. The issue, therefore, is whether there is sufficient justification in the strategic work underpinning the current Amendment to change the framework plans in the MSS.


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5.1.2 Catering for population growth

The primary justification for the changes to the framework plans was the need to cater for population growth of Miners Rest.

Evidence and submissions

It was submitted that there is a need to cater for projected population growth in Miners Rest, and hence identify new areas for residential development and amend the overall framework plans for Ballarat.

The Towns in Time data series shows the number of occupied private dwellings in Miners Rest increased at a rate of 26 per year from 2001 to 2006, and that the population grew at an average rate of 9.1 per cent from 2001 to 2006. Figure 2: Population growth in Miners Rest

1986 1991 1996 2001 2006

Total population 325 356 567 662 1,025

Occupied private dwellings 93 113 177 210 340

People per dwelling 3.50 3.15 3.20 3.15 3.01 Source: Towns in Time

Council submitted:

If Miners Rest continues to grow at that rate [9.1 % per annum], its population is projected to increase by 2,749 persons by 2021, resulting in a population of 3,774 persons.

Similarly, if Miners Rest continues to grow at 9% per annum, its population is projected to increase by a further 4,517 persons between 2023 and 2031, resulting in a population of 9,008 persons. In order to accommodate that further population increase, Council estimates that it will need to accommodate a further 1,457 lots/dwellings between 2023 and 2031, based on an occupancy rate of 3.01 persons per household.

In terms of meeting this demand, Council submitted:

At the time the Outline Development Plan was finalised, available land supply was estimated at 550 lots (approved and developing subdivisions). Assuming an average household size of 3.01 persons … those 550 lots could accommodate approximately [1655] people, some [1,094] people short of the projected increase to 2021.

If … the areas identified in the Outline Development Plan as ‘Proposed Residential 1 Zone’ are rezoned to Residential 1 Zone in the future, a further 67.6 hectares will be available for residential use. [This excludes land affected by 1:100 year flooding]. Assuming a net developable area of


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55 hectares (allowing for roads and public open space), Council estimates this will provide approximately 829 lots/dwellings assuming a yield of 15 dwellings per hectare. Again, assuming an average household size of 3.01 persons per households, those 829 lots could accommodate approximately 2,495 people, or together with the available 550 lots, [4150] people, being [about] the projected increase from 2006 to 2023. While this provides for approximately 17 years land supply between 2006 and 2023, it equates to approximately 13 years land supply from 2010.

BVP Superannuation submitted:

As the Panel heard yesterday, the supply of 550 lots that existed at the completion of the Outline Development Plan is near exhausted. Plainly, Miners Rest will need to accommodate more than 3800 people well before 2031 as we are now at the 2031 projected population.

Another factor to consider is the dwelling density targets. It is submitted that 30 dwellings per hectare is an unrealistic target for Miners Rest. The consequence again will be that additional land will be needed for Miners Rest.

It was also submitted that the current areas identified for urban growth on the relevant framework plans for Ballarat are not sufficient to cater for the expected growth.

Issues were also raised about the need for rental accommodation. Council submitted:

The Panel will recall that the Outline Development Plan and Amendment identifies additional land around the Miners Rest township for investigation for residential zoning. Arguably, this responds positively to the Turf Club’s concern that there is a distinct lack of rental accommodation in Miners Rest available for racehorse training staff.

We note that there has also been a submission from Mr and Mrs Maney objecting to the Amendment on the basis that it will change the peaceful country town lifestyle to that of a built up area and will lower the value of their property, and a submission from Mr Tillett suggesting that the area designated for urban expansion is too large.

Discussion

It was clear at the Hearing that the anticipated population growth of Miners Rest is uncertain. The Outline Development Plan states that it has provided for growth for the next twenty years, however submissions were made at the Hearing that Miners Rest has already reached the anticipated 2030


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population levels and, given the current growth rates of 9.1%, more land will be required to accommodate anticipated growth.

We are concerned that the planning for Miners Rest assumes that the current growth rate of 9% is a reasonable basis to project growth over the next 15‐20 years. This growth rate is well above the recent growth rates of Ballarat of 4.7% and Victoria of 1.5%.

While State Planning Policy identifies a need to accommodate projected population growth over at least a 15 year period, Clause 11.02‐1 (Settlement – Supply of urban land) quite clearly states that residential land supply should be considered on a municipal basis, rather that a town‐by‐town basis.

There is no policy requirement to cater for the growth of Miners Rest within Miners Rest, particularly when this growth is likely to be a result of overall increases in Ballarat’s population rather than a ‘natural’ increase in the Miners Rest population.

We believe that it is unrealistic to assume that a 9% growth rate will continue for the next 20 years. If growth is to continue it may be more appropriate to direct this growth to other areas within the municipality. Given the constraints in Miners Rest it may not be an appropriate location to accommodate this level of growth.

It may be the case that the areas identified for urban growth on the relevant framework plans for Ballarat are not sufficient to cater for the expected growth (though we are not in a position to judge whether or not this is the case), but if this is so, then identification of new areas for development should be undertaken as part of a comprehensive review of housing needs on municipal level.

We understand Council is about to commence a Housing Strategy and believe this is the appropriate forum in which to examine the future housing needs of Ballarat, and the role Miners Rest will play in meeting these needs in a municipal and regional context.

There is no analysis in the Outline Development Plan of the areas in Miners Rest relative to other potential growth areas in Ballarat. We do not think that the type of significant high level changes proposed to the overall framework for Ballarat should be pursued without some broader strategic analysis. We can find no analysis in the material provided to us to justify the changes to the frameworks, other than a narrow focus on land owners desire to develop in Miners Rest and a misplaced belief that there is a need to cater for 9% population growth.


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Policies to cater for 15 year supply of land do not remove the need to properly assess where that supply is to be located, and to do so on a municipal wide basis. It is simply not appropriate to change municipal wide strategies without a broader municipal wide assessment. Ad hoc adjustments to the housing framework to accommodate one‐off proposals without an over all assessment of housing needs across Ballarat is simply poor planning.

In terms of catering for rental accommodation, about 7 percent of the dwellings in Miners Rest are rental properties. It is not clear to us how increasing the total housing stock is an appropriate way to address the need for increased rental stock when the proportion of rental properties is so low.

Conclusion

Having considered this issue we conclude:

The identification of land for ‘ʹShort to Medium Term Urban Growth (primarily residential)’ on the Overall Strategic Framework Plan and the Residential Framework Plan lacks strategic justification.

We recommend:

On the Overall Framework Plan in Clause 21.03 (Ballaratʹs Strategic Framework) and the Residential Framework Plan in Clause 21.04 (Land Uses) abandon the proposed changes identifying parts of Miners Rest for ‘Short to medium Term Residential Growth (primarily residential)’.

In Clause 21.09‐1 (Land use) delete reference to ‘Investigate the area generally south east of the Miners Rest Quarry and west of Lindsays Road, Miners Rest for residential use, and consider appropriate overlays to be applied.’

As a result of these changes there needs to be changes in the proposed local area provisions.

In Clause 21.08‐1 delete reference to: ‘It is designated as a short to medium term residential growth area in the Residential Framework Plan in clause 21.04‐2. The supply of existing residentially zoned land should be sufficient to accommodate projected demand in the area to 2021. The Miners Rest Outlined Development Plan (Volumes 1 and 2) 2007 (Outline Development Plan) provides a clear framework to


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accommodate residential growth in Miners Rest between 2021 and 2031. Rezoning of the land identified as Proposed Residential 1 Zone on Miners Rest Outline Development Plan (Volumes 1 and 2) 2007 (Outline Development Plan) to Residential 1 Zone should be sufficient to accommodate projected demand to 2031. At that time, the projected population of Miners Rest is 3,800 persons. Accommodating that growth based on achieving a dwelling density of 10 dwellings per hectare outside the Town Centre and 30 dwellings per hectare inside the Town Centre. The Outline Development Plan identifies scope to accommodate an additional 730 persons beyond 2031 if necessary by increasing the dwelling density outside the Town Centre to 12 dwellings per hectare.’

5.2 Are changes to the industrial framework strategically justified?

What is the issue?

The Amendment proposes changes to the Overall Framework Plan in Clause 21.03 (Ballaratʹs Strategic Framework) and the Industrial Framework Plan in Clause 21.04 (Land Uses) to identify parts of Miners Rest as areas as ʹFuture Industrial (Subject to Future Investigation)’. In addition, the Map 1 to Clause 21.08‐1 and the Outline Development Plan identifies land as ‘Proposed Industrial Zone (subject to further investigation)’.

The issue is whether there is strategic justification to identify land for future industrial development.


In the Amendment and its submission to the Panel, Council states the Amendment is consistent with the State and Local Planning Policy Framework as outlined below. We note that Council did not specifically address whether the identification of additional land for industrial purposes is consistent with the strategic framework, but rather primarily focuses on the quarry.

State Planning Policy Framework

Clause 17.02 – Industry – aims to ensure that land is made available for industry. It states that industrial activity should be protected from the encroachment of sensitive uses which may adversely affect industrial viability.


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The policy also states that adequate buffer areas must be provided between sensitive uses and quarries to ensure that residents are not affected by adverse environmental effects, nuisance or exposure to hazards.

Local Planning Policy Framework

Clause 21.04‐3 – Industry – recognises that Ballarat will experience demand for additional industrial land in the future and that it is important to ensure that planning protects strategically important large industrial land holdings close to public transport routes and other infrastructure.

A strategy included within this policy is to ‘Implement the Industrial Framework Plan included in this Clause’. The framework plan identifies both existing and future industrial areas, however it does not identify Miners Rest as having any potential for further industrial purposes.

Clause 21.08‐1 – Local Areas –Miners Rest – sets out the implementation strategies for local areas within Ballarat. This section currently makes no recommendations in relation to the need for the provision of industrial land within the township. The policy specifies that expansion of the Miners Rest quarry to the east is to be discouraged.

In his written submission to the Amendment, Mr Tillett stated:

The City of Ballarat has recently completed an in depth review of the need for industrial land within the City – at no time during any work involved with that project was there every any suggestion that Miners Rest would provide a good location for an Industrial subdivision.

Discussion

The final report of the Ballarat Review of Future Industrial Areas released in June 2009 provides the basis for setting a clear direction for future industrial development in Ballarat. It aims to ensure sufficient land is set aside for industrial use to serve the long term employment needs of Ballarat up to the year 2050. Amendment C138, which has recently come off exhibition, would introduce the recommendations of the Ballarat Review of Future Industrial Areas into the Ballarat Planning Scheme. There is no recommended future industrial land identified within Miners Rest.

In order to understand the basis for identifying land as ‘Proposed Industrial Zone’, we note that the Miners Rest Outline Development Plan states that:


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The owner is investigating potential uses such as industrial uses. The owner also owns land to the immediate west and prefer that this land be retained in a rural zoning for the time being, pending future industrial use owing to the proximity of this land to the Western Freeway, its proximity to the quarry site and its isolation from the rest of the township (on account of the buffering quarry property and high bund wall around the quarry.) … the proposal to utilise the quarry and the adjoining land to the west for light industrial purposes makes good planning sense.

Having examined the existing State and Local Planning Policy Framework and the recent strategic work undertaken, we consider the proposal to identify land for ‘Proposed Industrial Zone (subject to further investigation)’ is not consistent with the Local Planning Policy Framework and lacks strategic justification. We are also concerned that the proposal seems to be based entirely on the wishes of a land owner, rather than an identified need for industrial development in Miners Rest, particularly given the proximity of Miners Rest to the future industrial areas identified in the Overall Framework Plan (Clause 21.03). There was no detailed assessment of the suitability of this land for industrial purposes and no consideration of what other uses may be appropriate, such as open space. This is simply not good planning.

We understand that the Map 1 to Clause 21.08‐1 states that this proposed rezoning is ‘subject to further investigation’, but believe identifying the site for industrial purposes without proper justification and assessment will:

create an unreasonable expectation that industrial development may be appropriate, and

impact on the appropriate future planning of the Miners Rest area as it will have implications for the location of any potentially sensitive uses nearby.

We recognise that the quarry is contained within this area and that this is a land use which has a significant impact on planning in the area. The issues associated with the quarry will be discussed in Section 6.2.1 of this report.

Conclusion


The identification of land for ‘Proposed Industrial Zone (subject to further investigation)’ lacks strategic justification.


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We recommend:

On the Overall Framework Plan in Clause 21.03 (Ballaratʹs Strategic Framework) and the Industrial Framework Plan in Clause 21.04 (Land Uses) abandon the proposed identification of areas of Miners Rest as ‘Future Industrial (Subject to further investigation)’.

On Map 1 to Clause 21.08‐1 delete ‘Proposed Industrial Zone (subject to further investigation)’.

In Clause 21.09‐1 (Land use) delete reference to: ‘Investigate applying an Industrial Zone to land south and west of the Miners Rest Quarry to the Western Freeway, in accordance with the area identified in the Miners Rest Outline Development Plan (Volumes 1 and 2) 2007’.


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6. The Outline Development Plan and the Amendment

6.1 Policy support for structure planning

The SPPF supports structure planning to facilitate the orderly development of urban areas. It states:

11.02‐3 Structure planning

Objective

To facilitate the orderly development of urban areas.

Strategies

Ensure effective planning and management of the land use and development of an area through the preparation of strategic plans, statutory plans, development and conservation plans, development contribution plans and other relevant plans.

Undertake comprehensive planning for new areas as sustainable communities that offer high‐quality, frequent and safe local and regional public transport and a range of local activities for living, working and recreation.

Facilitate the preparation of a hierarchy of structure plans or precinct structure plans that:

· Take into account the strategic and physical context of the location.

· Provide the broad planning framework for an area as well as the more detailed planning requirements for neighbourhoods and precincts, where appropriate.

· Provide for the development of sustainable and liveable urban areas in an integrated manner.

· Assist the development of walkable neighbourhoods.

· Facilitate the logical and efficient provision of infrastructure and use of existing infrastructure and services.

In terms of the submissions we think it is useful to review the Outline Development Plan’s consideration of the strategic and physical context of Miners Rest in terms of the opportunities and constraints it identifies, and how this has been addressed in the Amendment.


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6.2 Recognising constraints

There is nothing in the material provided that indicates how the new residential or industrial areas of Miners Rest were identified, apart from broad statements that these areas are unconstrained or suitable or that it was in response to requests from owners.

We have concluded that the proposed changes to the overall framework plans for Ballarat do not have strategic justification, but there are also broader issues of whether the land is suited for urban or industrial development which need to be considered, particularly if any further strategic work is undertaken to assess the development potential of Miners Rest.

6.2.1 The impact of the Miners Rest Quarry

What is the issue?

The quarry is a significant land use that impacts on the future development of Miners Rest, both in terms of its current and future operations, associated buffer requirements and future rehabilitation. There are a number of specific issues which need to be addressed, these are:

is there a significant stone resource still on the site which could be extracted?;

does the quarrying operation have existing use rights, and if so for what?;

if there is a stone resource and the site has existing use rights, when and how will this resource be extracted?;

what buffers are required and where do they begin?; if the quarrying operations have ceased, what rehabilitation works

are required and what buffers are necessary in order to manage rehabilitation?;

what is the best end use of the quarry and the surrounding land?; and

what impact does the quarry have on the use of existing and future adjoining land?

Extractive industry proposals Practice Note

The ‘Extractive industry proposals, April 2006 Practice Note’ states:

By nature, stone deposits are fixed in location and are generally worked where they occur. However, in many instances urban areas have been allowed to expand close to operating extractive industries or over land


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with potential for further stone resource development. As a result, many quality stone resources close to potential markets … are no longer available for extraction. This is particularly important in view of the high weighting of transport costs of extractive industry products and the price paid by the consumer. Given the importance of stone resources to the Victorian community there is a need to ensure a continuous supply of construction material … into the future.

The Practice Note is referring to Melbourne, but we think similar issues would apply to Ballarat.

Clause 14.03‐2 of the SPPF provides clear objective in relation to the stone resources:

To identify and protect stone resources accessible to major markets and to provide a consistent planning approval process for extraction in accordance with acceptable environmental standards.

Strategies include:

Provide for the long term protection of stone resources in Victoria.

Provide buffer areas between existing extractive industries and sensitive land uses, determined on the following principles:

· The buffer areas are determined so that appropriate limits on effects can be met at the sensitive locations using practical and readily available technology.

· The required buffers are taken into consideration if a change of land use in the vicinity of the extractive industry is proposed.

· Land within the buffer areas may be used for purposes that are not adversely affected by the extractive industry.

The Amendment does not clearly identify buffers around the quarry and identifies land within a possible buffer distance as suitable for future residential purposes (a sensitive land use).


In his evidence to the Panel, Mr Kell made the following comments in relation to the quarry:

the Miners Rest Quarry pre‐dates the Ballarat Planning Scheme and operated under existing use right provisions of the Scheme;

in accordance with Clause 63.06, existing use rights expire if the use has stopped for a continuous period of two years, or has stopped


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two or more periods which together total 2 years in any three year period; and

the quarry does not have current approval under the Planning and Environment Act 1987 or the provisions of the Ballarat Planning Scheme to operate as a quarry, on the basis that: - the quarry has not operated for a number of years and is in a

care and maintenance stage due to a dispute with the landowner;

- the quarry is commonly referred to as a ‘former’ quarry; - the quarry has been described by the quarry operator Boral as

‘having ceased operations in 1999’; and - rehabilitation plans have been submitted to Department of

Primary Industries.

Mr Kell concluded that based on various reports and correspondence, he believes that the quarry is no longer operating and is only in a care/maintenance stage in readiness for rehabilitation, and that while it once enjoyed existing use rights, these have now expired because quarrying activities have ceased for more than 2 years.

In response to a request by the Panel to provide information on the Works Authority, Ms Bilson (on behalf of the owner) provided a range of information. We believe that this information provides no greater level of certainty in relation to the issues described above. Having reviewed the additional material circulated, Mr Cicero submitted:

None of the documents provided causes our client to change its position that any existing use rights that the quarry land may have had to permit quarrying have lapsed and it is clear that no quarrying activities have been conducted on the quarry land for a period of in excess of 2 years.

Mr Davey, the owner of the quarry, submitted that the quarry is fully licensed and will remain so given that it still contains 6‐7 million tons of basalt stone, a significant resource that should be protected for future quarrying. Mr Davey advised that it will be the extraction of this resource that will provide the necessary funds to facilitate the rehabilitation of the site. In his submission Mr Davey says of the Miners Rest Quarry:

It presently has a licence work authority in place to mine, is properly zoned, has a water supply licence in place of 80 megs – everything is legal and above board. It has enormous economic value to both the City of Ballarat and the Miners Rest community and I would ask the City of Ballarat to recognise its existence and its right to exist in the Planning Scheme, the same as all other businesses.


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In a submission on behalf of the quarry owner, Ms Bilson of Coughlin Civil Pty Ltd submitted that the:

Miners Rest Outline Development Plan makes little reference to the Miners Rest Quarry despite the need to protect stone resources is recognised in the State Planning Policy Framework;

report makes no reference to the incorporated and reference documents relevant to the protection of stone resources generally or specifically to the Miners Rest Quarry; and

Amendment has no regard to recommended EPA buffer distances for the interface between extractive industry and residential development and sensitive uses with the land to the east and south east being recognised as proposed Special Uses – Education and Residential 1 Zone.

Ms Bilson concluded:

Amendment C127 provides for the encroachment of residential and sensitive uses within the immediate vicinity of the Miners Rest Quarry. This proposal is in direct conflict with the Planning and Environment Act, State and Local Planning Policies, recommended buffers distances for such uses and reference documents which recognise this site as part of the Ballarat Extractive Industry area for Ballarat.

The proposal is also in conflict with the objective of planning policy to avoid and protect conflict which may result in adverse impact on the amenity of an area.

The Department of Primary Industry and EPA make clear reference to the recommended buffer distances and the owner and operator seek to ensure buffer distances are retained to protect the activities of the existing quarry.

It is submitted that the land to the east and south east of the Miners Rest Quarry retain the status quo and remain as Farming.

Council submitted a 200 metre buffer for the quarrying of hard rock is required, however this is increased to 500 metre if the quarrying involves blasting, which is permitted in the Works Approval. It was submitted that the issue of buffer distances would be determined as part of any future rezoning of land adjacent to the quarry:

… any future rezoning of land adjacent to the quarry will need to consider the recommended EPA buffer distances for the interface between the extractive industry and sensitive uses, such as residential development. This may influence issues such as the sequence of


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development and require the application of an overlay control to define the interface between the quarry and sensitive uses.

Council also submits that the Map 1 at Clause 21.08‐1 could be amended to include the words:

Subject to an appropriate buffer distance being provided from quarrying activities.

A submission was also made to the Amendment by Mr Tillett stating:

The Miners Rest quarry has received little technical assessment in preparation of the Outline Development Plan – The quarry simply has to be properly assessed before any new grand plan can be promulgated – the issue deserves it – indeed demands it – a far better analysis than is to be found within the current document.

Discussion

We are concerned that the Outline Development Plan has not adequately addressed the issues associated with the quarry. We believe there are still too many unanswered questions to enable us to come to a reasonable conclusion in relation to the future use of the quarry, the need for or extent of buffers, and what impact this will have on the development of Miners Rest and adjoining properties.

We recognise there is a strong policy framework at both the State and Local level identifying the need to protect significant stone resources and to provide buffers, and until such time as possible future extraction is ruled out and the rehabilitation requirements determined, we consider that it is important that this resource and the need for potential maximum buffers be protected.

We do not agree that the issues associated with the future use of the quarry site and associated buffers should be considered as part of any future proposed rezoning. The Outline Development Plan states:

The purpose of the Miners Rest Outline Development Plan is to establish a clear framework for the future development in the Study Area

This is to be achieved having regard to the physical and environmental features and constraints in Miners Rest. We believe this Amendment (flowing as it does from the Outline Development Plan) is the appropriate mechanism to address fundamental issues related to the quarry. It is not appropriate to identify any land within the potential buffer requirements for uses which may be affected by the operation or rehabilitation of this quarry


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until these issues are addressed. We consider that this needs to be clearly recognised in the Amendment.

It may well be that there are no longer existing use rights for the quarry, but this does not mean that a buffer is not needed to allow for the rehabilitation works, or that a fresh permit could not be issued.

Even if the right to quarry has lapsed, the site must still be rehabilitated and this may well involve blasting and the need for significant buffer distances.

Further, we note that the 1994 Outline Development Plan made the following recommendation in relation to the quarry:

That Council give early consideration to the future of the quarry.

That land generally within 500 metres of the quarry (or more particularly bounded by Burrumbeet Creek to the north, the Maryborough/Ballarat Road to the east, the freeway in the south and Corrie Street in the west) be withheld from residential development and other Type A land uses … until the cessation of extractive uses. …

As this issue was recognised in the 1994 Outline Development Plan, we find it disappointing that no further progress appears to have been made in relation to this matter.

Conclusion

We recommend:

On Map 1 to Clause 21.08‐1 identify an indicative 500 metre buffer from the quarry.

In Clause 21.08‐1 (Implementation Strategies – Land use) include a strategy: Maintain a buffer around the Miners Rest quarry until quarry uses have ceased and the site is rehabilitated.

6.2.2 The impact of the Ballarat North Water Reclamation Plant

What is the issue?

The issue is whether the Amendment contains sufficient recognition of the Ballarat North Water Reclamation Plant (BNWRP) and the impact the plant will have on the development potential of the surrounding area.


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Mr Glossop, on behalf of Central Highland Water, explained that the BNWRP performs an important role in treating the wastewater of approximately one‐third of the Ballarat population and a significant proportion of effluent from local major industries. He advised that while the industries generally meet their trade waste obligations, there are occasional manufacturing or pre‐treatment failures that can result in significant odour events.

The BNWRP has recently been converted from a wastewater treatment plant with trickling filters and lagoon treatment processes to a mechanical plant at a cost of $35M.

The Recommended Buffer Distances for Industrial Residual Air Emissions (EPA) 1990 state:

5. The buffer distance for sewage treatment or effluent disposal works should be determined in consultation with EPA. Wind regimes, topography, waste loading, treatment/disposal methods and design capacity should be taken into account. The following Table may be used as a guide when considering proposals for residential developments in the vicinity of existing sewage treatment works.

Buffer Distances for Sewerage Works (in Metres)

Type of installation Installation treatment capacity (equivalent population)

<1000 <5000 <20000 <50000 Mechanical/Biological wastewater plants 100 200 300 400

Aerobic pondage systems 150 350 700 1000 Facultative ponds 300 700 1400 2200 Disposal areas for secondary treated effluent:

(a) by spray irrigation 200 200 200 200 (b) by flood irrigation 50 50 50 50

The old waste water treatment plant had aerobic lagoons that required a buffer distance of 1000 metres (based on an equivalent population of 33,000). The new biological nutrient removal based treatment plant requires a buffer distance of 400 m, however, the old lagoons remain in place and have the potential to impact surrounding land uses. At this stage, the 1000 metre buffer remains applicable to the lagoons.

To clarify the risk of an odour impact on surrounding properties and to enable a more rigorous understanding of buffer distances requirements,


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Central Highlands Water has engaged GHD to prepare an odour assessment of the plant. This work involves:

conducting an odour emissions study on the newly constructed plant and existing lagoons across a range of climatic conditions and seasons;

identifying and quantifying potential upset conditions and the consequential odour emissions; and

incorporating wind, temperature and other Bureau of Meteorology data to develop a comprehensive odour model of the facility that shows expected odour contours under a normal range of upset operating conditions.

It is understood that this work will be completed in the first half of 2011 (having had the ability to test over a full summer period). Central Highlands Water advise they will share this information with Council when available and will propose alterations (if required) to the existing Environmental Significance Overlay 4 that better reflect the buffer requirements of the upgraded BNWRP.

In relation to buffers, Council does not accept Central Highlands Water’s submission that it is appropriate to modify Map 1 at Clause 21.08‐1 to add the words ‘Provide buffer from Sewerage Treatment Plant’ on land immediately north of the treatment plant and below the notation ‘Future Investigation for Urban Purposes’ on the basis that it may create an incorrect assumption that the buffer should be provided from the edge of the treatment plant land rather than from the source of the residual air emissions.

Mr O’Farrell on behalf of BVP Superannuation argued that there is no evidence before the panel to make any conclusions or findings about buffers. Mr O’Farrell stated:

It is submitted that the Panel should not accept Central Highlands Water’s invitation to enter into a debate about buffers as part of this Amendment. There is simply no information that the Panel could legitimately use to found a finding that additional buffers are required. It is properly a matter for another day, in another hearing.

Mr O’Farrell also submitted that the treatment plant is already given significant protection under the planning scheme in Clauses 15.04 (Air Quality), 21.07‐3 (Infrastructure Use) and 21.09‐4 (Further strategic work).

Council accepts that it would not be unreasonable to include additional content relevant to the treatment plant in the Outline Development Plan and


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the exhibited planning policies and seeks the direction of the Panel on this matter.

Discussion

It is clear that the BNWRP is a major piece of community infrastructure which should be recognised and protected under in the planning scheme. Given the recent expenditure on the upgrade of this facility and the significant role it plays in the context of the future development of Ballarat, it is appropriate to include a specific strategy about the BNWRP in Clause 21.08.

We agree with Mr O’Farrell that at this time there is insufficient information before us to determine the appropriate buffers around the treatment plant and we do not intend to do so. Until the odour review work is completed, we believe a precautionary approach should apply to the treatment plant as buffers of up to 1000 metres from the old lagoons may be required.

It is recognised that this work is consistent with Clause 21.09‐4 (Further strategic work) which identifies the need to:

Review the buffer applied to the Ballarat North Wastewater Treatment Plant to ensure that it meets current and future needs.

Conclusion

We recommend:

In Clause 21.08‐1 (Implementation Strategies, Infrastructure) include a strategy: Ensure sensitive uses are setback from potential odour sources in the Ballarat North Water Reclamation Plant.

6.2.3 Western Freeway (Ballarat Bypass)

What is the issue?

Whether a 50 metre buffer setback should be provided along the northern boundary of the Western Freeway on private property.


Mr Kell stated that the need for a 50 metre buffer was sourced from the 1994 Outline Development Plan and applied ‘blindly’ to the 2007 Outline Development Plan. Mr Kell contends that this is too prescriptive and noise


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attenuation should be provided on a performance based approach rather than a prescriptive measurement.

Discussion

We note that the existing Clause 21.08‐1 (Miners Rest ‐ Implementation Strategies ‐ Built form and amenity ‐ Strategy 4) states:

Provide a 50 metre setback from the freeway for noise sensitive uses.

and that the intent of the Amendment is to amend the wording of this strategy to read:

Ensure noise sensitive urban uses are setback at least 50 metres from the Western Freeway.

We also note that the proposed Map 1 to Clause 21.08‐1 shows a 50 metre buffer on the south‐western boundary of the Ford and Murphy site which is intended to ensure noise sensitive urban areas are setback from the Western Freeway.

We agree with Mr Kell that noise attenuation should be based on a performance based approach and can see no merit in specifying an arbitrary setback. If this land is ever developed a range of noise attenuation methods might be employed that do not require a 50 metre setback.

Conclusion

We recommend:

In Clause 21.08‐1 (Implementation Strategies – Built form and amenity) replace Strategy 3 ‘Ensure noise sensitive urban uses are setback at least 50 metres from the Western Freeway.’ with ‘Ensure noise sensitive urban uses are setback from the Western Freeway to achieve VicRoads noise policy outcomes.’

On Map 1 to Clause 21.08‐1 delete the identification of a 50 metre buffer on the southern boundary of what is known as the ‘Ford and Murphy land’.

In Clause 21.09‐2 (Built Form and Amenity) delete reference to ‘Investigate the application of a Design and Development Overlay to ensure that dwellings are not constructed within 50 metres of the Western Freeway.’


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6.2.4 Ballarat Airport

What is the issue?

Clause 21.08‐1 (Implementation Strategies – Infrastructure – Strategy 2) states:

Ensure that no development occurs within the Obstacle Limitation Surface (OLS) of the Ballarat Airport 18/36 runway.

The issue is whether this is required given the current overlays which are in place.


Mr Kell stated that this strategy is superfluous and should be removed because Amendments C74 and C137 introduced overlays to manage development within the Obstacle Limitation Surface of the Ballarat Airport runway.

Discussion

We agree that this matter has been dealt with through the introduction of overlays, and it is only confusing to retain this strategy.

We recommend:

In Clause 21.08‐1 (Implementation Strategies – Infrastructure) delete Strategy 2 which reads: ‘Ensure that no development occurs within the Obstacle Limitation Surface (OLS) of the Ballarat Airport 18/36 runway.’

6.2.5 Flooding

What is the issue?

Much of Miners Rest is subject to inundation and the Outline Development Plan maps the extent of inundation based on the 100 Year ARI event, however, specific overlays to address flooding have not been included in the Amendment.

The issue is whether flooding within Miners Rest has been sufficiently addressed in the Amendment?

Practice Note The ‘Applying the flood provisions in planning schemes – A guide for councils – August 2000’ Practice Note states:


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Flooding is a natural hazard but, unlike most other natural hazards, floods are to a great degree predictable in terms of their location, depth and extent. This means that appropriate measures can be developed to reduce flood damage. Land use planning is recognised as being the best means of avoiding future flooding problems. Through careful planning, flood risks to life, property and community infrastructure can be minimised and the environmental significance of our floodplains protected.

Section 6(e) of the Planning and Environment Act 1987 enables planning schemes to ‘regulate or prohibit any use or development in hazardous areas, or areas likely to become hazardous.’ As a result, planning schemes contain State planning policy for floodplain management requiring, among other things, that flood risk be considered in the preparation of planning schemes and land use decisions.

Submissions and Evidence

A submission was received from Mr Ford stating:

For many years we have needed to include a flood plain overlay to prevent the development of housing on areas subject to flooding. These areas can be used for support infrastructure such as recreation areas or just provide open space near housing – a critical need.

Discussion

We are concerned that the Amendment does not adequately address the issue of flooding in Miners Rest in two ways. Firstly, we believe that the Amendment has not sufficiently acknowledged the flooding potential in Miners Rest, and secondly we are concerned that the application of an appropriate overlay over the land liable to flooding was not included in the Amendment, particularly as the information in relation to 1:100 year flood levels is available. The Outline Development Plan recommends application of an overlay and to do so would be consistent with the SPPF and the LPPF.

Clause 13.02‐1 of the SPPF includes the following objective for Floodplain management:

To assist the protection of:

· Life, property and community infrastructure from flood hazard.

· The natural flood carrying capacity of rivers, streams and floodways.

· The flood storage function of floodplains and waterways.

· Floodplain areas of environmental significance or of importance to river health.”


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The two key strategies to implement this are:

Identify land affected by flooding, including floodway areas, as verified by the relevant floodplain management authority, in planning scheme maps. Land affected by flooding is land inundated by the 1 in 100 year flood event or as determined by the floodplain management authority.

Avoid intensifying the impacts of flooding through inappropriately located uses and developments.

In the MSS Clause 21.06‐3 (Floodplain Management) states:

Flooding has many environmental benefits, including the replenishment of water within wetlands, supporting flora and fauna habitats and contributing to soil fertility. It is important that the capacity of floodplains to convey and store flood water is maintained and enhanced while also implementing management measures which reduce flood risk and damage cost. There are conflicting pressures on the use of floodplains within the Ballarat region. These include urban expansion in floodplain areas; water quality associated with development, including urban, industrial and agricultural runoff; construction of private levees; infrastructure management (levees and utility assets), and the loss of wetland and flood storage areas.

The objective to achieve this is:

To ensure the natural functions and values of the floodplain environments are preserved while minimising loss or injury to life or property.

Two of the strategies to achieve this are:

Strategy 1.1 ‐ Prevent inappropriate development and works within flood prone areas that will impact on flood flow, water quality and river health.

Strategy 1.2 ‐ Apply best practice in floodplain management to ensure a consistent basis for assessing development and use applications.

We note the Amendment has attempted to address this issue and under Clause 21.09‐3 (Further Strategic Work – Environment) which has identified the need for the following:

· Consider amending the Ballarat Planning Scheme to apply an appropriate overlay (e.g. Land Subject to Inundation) to identify any land in Miners Rest which is located within the floodplain of Burrumbeet Creek.


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· Investigate amending the Ballarat Planning Scheme to rezone vacant residentially zoned land at Miners Rest within the floodplain of the Burrumbeet Creek to a non‐urban zone.

We are concerned that the Amendment has not introduced an appropriate overlay given:

the strong policy framework in place; the information available to Council; the development pressures facing Miners Rest; and the fact that part of the terms of reference of the Outline

Development Plan was to consider ‘the physical and environmental features and constraints in the Miners Rest locality’.

We note that the Amendment includes an extension to the EMO in two locations, but it does not address the necessary overlays to address the issues of flooding in Miners Rest. This would seem a logical extension to the Amendment.

The Burrumbeet Creek is partly covered by an Environmental Significance Overlay (ESO) and an EMO and Schedule 2 to the ESO includes an objective:

To ensure that development does not occur on land liable to flooding.

We note that this overlay does not apply to the entire area which has been identified as being within the 1:100 floodplain, and does not cover all areas that may be liable to flooding in Miners Rest. This is particularly relevant given there is vacant Residential 1 Zone land in the 1:100 floodplain with no appropriate planning mechanisms over it.

For Council to have information on the 1:100 floodplain, but not implement the appropriate controls in an amendment that proposes significant residential development would seem contrary to the SPPF (Clause 13.02‐1 – Floodplain Management). This clause requires that land affected by flooding to be identified in the planning scheme maps. We believe that this is a matter of priority which needs to be addressed. Any amendment should also consider the appropriate zoning of properties included with the floodplain, particularly those zoned residential.

In addition, we do not believe that the ESO and the EMO are the most appropriate overlays to reflect the potential for flooding in this location and the constraints that this will have on any future development of Miners Rest. In this instance it would be more appropriate to apply a Land Subject to Inundation Overlay. The appropriate overlay will need to be in accordance with the Practice Note ‘Applying the Flood Provisions in Planning Schemes – A guide for Councils – August 2000’.


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In the meantime, it is considered that this floodplain should be given better recognition in the Amendment.

We recommend:

On Map 1 to Clause 21.08‐1 clearly identify the indicative 1:100 floodplain of the Burrumbeet Creek.

In Clause 21.09‐3 (Environment) alter the second last dot point to read: Amend the Ballarat Planning Scheme to apply an appropriate overlay (e.g. Land Subject to Inundation) to identify any land in Miners Rest which is included within the floodplain of the Burrumbeet Creek.

6.2.6 Highlighting the constraints

We note that the current Clause 21.08‐1 states:

Miners Rest is a small settlement to the north of the Ballarat urban area. It has been designated as a short to medium term residential growth area and it is projected that, with constraints on development such as the Western Highway bypass, flood prone land and the airport flight paths the township has the capacity to accommodate a total of 970 lots (or an additional 2000 people).

This Clause recognises that there are constraints on the development of Miners Rest and identifies several of them. We are concerned that the proposed preamble for Miners Rest has deleted all reference to the fact that there are significant constraints on the development of the town, and only focuses on the development potential of the township. We believe that this is inappropriate and that the preamble should clearly identify the constraints that affect Miners Rest, particularly given one of the objectives of the Miners Rest Outline Development Plan is to:

… provide for future land use, development and subdivision while taking development constraints into account.

We believe that the preamble needs to be amended to reinstate reference to the constraints which may limit the development potential of Miners Rest.

We recommend:

In Clause 21.08‐1 amend the preamble to include the following: Miners Rest has a number of significant constraints which may limit the development potential of the town. These include the


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Miners Rest quarry, flood prone land, the airport flight paths, the Western Highway bypass and the Ballarat North Water Reclamation Plant.

6.3 Identifying opportunities

6.3.1 The proposed community hub and primary school

What is the issue?

The amendment seeks to establish a community hub which will be the focus for education and community infrastructure. The issue is whether this is still appropriate given the constraints in the area and recent development.


A number of submissions supported the provision of improved community facilities in a central location. Council submitted that this is not surprising given:

· the lack of community facilities in the area was identified as the topic of the most interest to the community in the Outline Development Plan, next to road and traffic issues. According to the Outline Development Plan, the community identified the need for certain community facilities as ‘crucial’ to the future development of the township. The facilities identified as being needed were a multi‐purpose community centre (to replace the aged Hall), a larger, centrally located Primary School (to replace the existing, ‘off‐centre’ school), recreation facilities, pre‐school, infant welfare centre and child‐care facilities,

· the Outline Development Plan identified the community as favouring an integrated approach to the provision of community facilities and in a central location, and

· the Outline Development Plan identified strong community support for the relocation of the primary school to a more central location.

The Outline Development Plan recommended that various community infrastructure and facilities be provided in Miners Rest and recommended a location and required land area for each facility. The location was identified in the Outline Development Plan and the facilities proposed include:

primary school; active sports reserve; indoor recreation centre (in or adjacent to school);


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multi purpose centre with preschool activity space and consulting rooms; and

library (joint development with school).

The need for a fire station and residential aged care was also identified.

The Outline Development Plan anticipated a relocation of the Miners Rest Primary School from its current location in Dundas Street to the integrated community hub site south of Nelson Street, north of Cummins Road and west of Howe Street.

The Principal advised the school is now being upgraded on its current site:

The Education Department has given their commitment to education in Miners Rest with a State and Federal Grant to construct a new School on the current site in Dundas Street, Miners Rest. The $2.5 Million Project will see the construction of new classrooms and multi‐purpose room, as well as refurbished office space.

School Council originally supported the new School to be built on the proposed Community Hub site, however due to inaction with the development of this site, the Education Department was not prepared to give any commitment to building the new school here.

School Council decided to continue with the application for a new school on the current site.

The School submitted that a community hub has now developed naturally around the general store with the recent development of the IGA. Further, it asks that Council:

consider the area adjacent to the playground in Albert Street for a multi‐purpose facility and open space/oval;

continue the upgrade and maintenance of the current footpath system linking the school to the school crossing, general store and IGA;

consider subdividing land west of the existing school for future growth of the School and possible oval development; and

consider earmarking vacant land adjacent to the School as ‘Education Zone’ to facilitate future expansion of the School.

Council acknowledged that the due to the nature of the grant, the School had no real choice about utilizing the grant for the existing site.

Despite this, Council considers that the site nominated for the community hub and recreation facilities should be retained in the Outline Development Plan until Council is able to re‐assess the


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provision of a community hub and recreation facilities in Miners Rest given:

· the site nominated in the Outline Development Plan was the subject of community consultation,

· Council is yet to determine and undertake community consultation in relation to any suitable alternative sites including the Albert Street site nominated by the School,

· the Albert Street site identified by the School as an alternative site is low lying and access will be impeded during flood events,

· the School’s request for land to be earmarked for Education to facilitate a future expansion implies that the School is still likely to outgrow its current site,

· even if the Miners Rest Primary School does not ultimately relocate to the site, another (private) primary School or a Secondary School might well‐do,

· nominating land for a purpose different to that identified in the adopted Outline Development Plan and exhibited amendment would warrant further public consultation and notification.

Discussion

The Map at Clause 21.08‐1 shows a Proposed Special Use — Education Zone.

Clause 21.05‐4 (Built Form and Amenity – Implementation – Other Actions), introduces new ʹactionsʹ relating to Miners Rest:

the integration of commercial and community facilities in the Town Centre;

visual and physical links between Miners Rest and the Ballarat Town Common; and

the design of public spaces.

Clause 21.08‐1 states:

Infrastructure

Strategy 1 Ensure education and community infrastructure are co‐located in a central location in Miners Rest consistent with the Outline Development Plan and in accordance with a site specific Master Plan.


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Other Implementation Actions

Prepare site specific Master Plans which provide for the co‐location of education and community facilities in a central location consistent with the Outline Development Plan.

It is clear that there is no prospect of achieving the community hub as originally proposed. Maintaining the community hub idea as currently proposed would be to maintain a policy whose time has clearly passed. The proposed hub site is also within the potential buffer of the quarry.

The rebuilding of the school on the existing site presents a different range of opportunities and challenges that planning for Miners Rest needs to address.

Given the issues associated with the population forecasts as outlined in Section 5.1.2 of this report, we are also concerned that the assumptions made to calculate the demand and area requirements for community facilities may not be accurate and need to be reviewed.

Conclusion


There is need to review the Community Hub proposal given the recent capital investments in the existing school site.

We recommend:

On Map 1 to Clause 21.08‐1 delete identification of, and reference to, ‘Proposed Special Use – Education zone’.

In Clause 21.08‐1 (Implementation Strategies – Infrastructure) replace Strategy 1 with: ‘Co‐locate community infrastructure in a central location in Miners Rest’.

In Clause 21.08‐1 (Other Implementation Actions) delete: ‘Prepare site specific Master Plans which provide for the co‐location of education and community facilities in a central location consistent with the Outline Development Plan’.

In Clause 21.05‐4 (Other actions) delete the third last dot point: ‘Implement the Town Centre Master Plan in the Miners Rest Outline Development Plan 2007 to integrate commercial and community facilities including recreation areas, the proposed education site and the open space reserve along Burrumbeet Creek.


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6.3.2 The proposed reserves and walkways along the Burrumbeet Creek

What is the issue?

The Outline Development Plan sets a broad direction for the development of off‐road walking tracks to link the various areas in Miners Rest, in particular, the original township and the newer development areas, such as, the ‘Macarthur Park’ and ‘Sunraysia Heights’ estates.

The proposed Map at Clause 21.08‐1 identifies a ‘proposed reserve (walking trail)’ along Burrumbeet Creek and throughout other parts of the town. These reserves and walkways are to be provided on a combination of both private and public land. There is both support and opposition to these reserves and walkways within the community.

The issue is whether the identification of these reserves/walkways are appropriate and if so, whether they are properly dealt with in the Amendment.


Council submitted that the creation of a reserve along the Burrumbeet Creek for conservation and public open space purposes has been a long term goal of Council.

Figure 8 ʹPreferred development patternʹ in the 1994 Outline Development Plan showed ʹminor open space/pedestrian/cycle lanesʹ along the length of the Creek as well as numerous local open space areas and one district level open space beside the Creek. Ultimately, these outcomes were also shown in the ʹMiners Rest Plan 1ʹ in the current version of Clause 21.08‐1 in the Scheme.

Council submitted that the creation of a conservation reserve of some size along the Creek is consistent with state planning policy.

It is relevant that the Ballarat Open Space Strategy identifies: the Burrumbeet Creek as a significant environmental open space

resource for the local township and highly valued by the community;

that whilst the current quantity of open space within Miners Rest well exceeds the recommended ratio, additional recreation open space will be required to ensure adequate provision is achieved by 2021;

sporting opportunities for residents of Miners Rest are currently limited because existing open space is primarily centralised within


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the township with limited connections within the township or to the Wendouree precinct where other regional recreational opportunities exist;

improved off‐road linkages for walking and cycling to these areas will provide enhanced access to regional or district level recreation facilities and recreation parkland and community destinations for residents of Miners Rest;

the Burrumbeet Creek as providing an opportunity to establish a linear park and wildlife corridor through the township; and

consideration of acquisition of land as required, to provide suitable reserves and for the protection of the creek environment.

Despite it being a long stated goal, and despite the significant amount of policy support for it, a number of submittors have expressed strong objection to the proposed creation of reserves and walkways along the Burrumbeet Creek; others submissions support it.

A number of submittors strongly object to a walking track along the Creek as it would either bisect or abut their properties. These concerns relate to the impact this would have on the agricultural operation on their property, and the problems associated with uncontrolled access for pedestrians, cyclists and motorcycles. It was suggested that road reserves should be used to provide off road access to bike users. It was also submitted that Council should consider the financial obligations of this plan, particularly given that this affects land within private ownership.

A submission was also received from Mr Alan Ford in support of the proposed walkways stating that:

Walking tracks along the Creek are a great idea as they can provide connection. … A fenced off riparian zone will also help reduce the Creek bank degradation and will allow for the planting of trees, shrubs and native grasses to act as a filter zone. They will also be good habitat for birds etc.

The Glenelg Hopkins CMA and the Department of Sustainability and Environment and have both recommended the establishment of a reserve along the Creek.

In his evidence Mr Kell states that the proposed Map to Clause 21.08‐1 reveals a 50 metre (as scaled from the plan) reserve or corridor along a drainage line in the centre of the Ford and Murphy land. Clause 21.08‐1 (Environment) includes a strategy:


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Strategy 1 Encourage new development adjacent to watercourses to preserve any existing native and exotic vegetation.

Mr Kell believes that this is too prescriptive and that a more appropriate response would be to undertake a drainage assessment and a vegetation/flora fauna assessment to determine the importance of the drainage lines and determine the appropriate environmental and built form outcomes.

Discussion

We note that the Amendment addresses the issue of reserves and walking tracks in Clause 21.08‐1 (Built form and amenity) and includes a number of strategies which read:

Strategy 4 Encourage the development of open space trails and a pedestrian, bicycle and equestrian pathway system as an interconnected network along the Burrumbeet Creek as part of new residential subdivisions.

Strategy 5 Provide cycle footpaths linking Miners Rest to Mitchell Park and Wendouree.

Strategy 6 Encourage the provision of open space generally in accordance with the location of the Proposed reserve system (with walking trail) identified on the Outline Development Plan, or to be linked to the Proposed reserve system (with walking trail).

We believe that the creation of reserves and walking tracks along the Creek and the road network where appropriate will result in a net community benefit and we support them. Importantly, it will facilitate the rehabilitation and revegetation of the Creek and protect it into the future. Additionally, it will facilitate the provision of open space for passive recreation in a way which uses land efficiently and provides significantly improved connectivity throughout the settlement. The safety of the creek area can be addressed through subdivision design to maximise passive surveillance of the Creek, for example, by orienting local roads and development to front the Creek consistent with Clause 56 subdivision design standards.

In relation to the 50 metre reserve on the watercourse, we agree with Mr Kell that the identification of the ‘Proposed Reserve (with walking trail)’ as shown on Map 1 to Clause 21.08‐1 would appear to be arbitrary and that the final location and width of reserves and walking trails would be best determined following a detailed investigation of the site conditions. It is


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important to identify the location of the trails and consider that an indicative line on the maps, rather than defined corridor, would be better.

We do not see that the proposed strategy for retaining vegetation is overly prescriptive, as it only seeks to ‘encourage’ this practice.

Our understanding of the need for an equestrian pathway system was to extend past new residential subdivisions and was include a system throughout the broader Miners Rest area. On this basis, we believe that the inclusion of the words ‘along Burrumbeet Creek as part of new residential subdivisions’ is limiting and should be amended to include the extended road network where appropriate and delete reference to the need to tie it in with new residential subdivision.

Conclusion


The creation of walkways along the watercourses is appropriate.

We recommend:

On Map 1 to Clause 21.08‐1 amend the depiction of ‘Proposed reserve (with walking trail)’ to identify the trails with an indicative line.

In Clause 21.08‐1 (Implementation Strategies, Built form and amenity) amend Strategy 4 to read: ‘Encourage the development of a pedestrian, bicycle and equestrian pathway system as an interconnected network along the Burrumbeet Creek, through open space and within road reserves where appropriate.’

6.3.3 Dowling Forest Racecourse and the thoroughbred racing industry

What is the issue?

The Dowling Forest Racecourse is a major f facility located north of the Miners Rest township, north of Kennedys Road and at the foot of Mount Pisgah. The Racecourse occupies approximately 300 hectares.

The Racecourse comprises a racetrack which is used for race meetings 30 times a year and for training by 51 trainers and around 2,700 horses, a partially enclosed grandstand and a sand training track are among other facilities.


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According to the Ballarat Turf Club and Racing Victoria, key major projects planned for the Racecourse between July 2009 and July 2014 will result in over $8 million capital investment and will include:

drought proofing of the Racecourse; installation of plastic running rail; construction of a new uphill straight training track on the slopes of

Mt Pisgah; reconstruction of the inside grass training track; and refurbishment of the sand training track.

The issue is whether the Amendment has sufficiently addressed the future needs of the racing industry.


The Ballarat Turf Club submitted:

The Ballarat Turf Club believes it has an opportunity by working with Ballarat City Council through the Miners Rest Development Planning Process to establish a unique thoroughbred training and breeding precinct as Dowling Forest unequalled anywhere in Australia.

The submission outlines a number of matters for consideration, these include:

dedicating a sizeable area of land surrounding the Dowling Forest Racecourse as a ‘Racing Precinct’ specifically reserved for the purpose of thoroughbred horse racing and training only;

placing restrictions within the precinct on road treatments, speed limits and tracks;

placing covenants on land surrounding the Racecourse reserved for the purpose of thoroughbred racehorse training in relation to lot sizes, construction of buildings; and

providing of housing and rental accommodation for people associated with racing.

In a written submission to the Amendment, Racing Victoria states:

… as the governing body of the Victorian thoroughbred racing industry, Racing Victoria Limited wishes to express its concern that the above planning scheme amendment proposal must take proper account of the development needs of the Ballarat region’s thoroughbred racing industry and the significant economic, employment and social value that the industry generates for Miners Rest and the broader region.


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RVL is concerned that the current planning amendment proposal for the new Miners Rest development plan may impact on the capacity for new trainers to acquire suitably sized and situated properties in the vicinity of Dowling Forest Racecourse. If this scenario were to arise, it is possible that it may adversely affect the level of future investment into racing and training facilities which in turn would restrict the venue’s growth.

Clearly there is a tremendous opportunity for the Miners Rest development plan to create a dedicated racing precinct that will stimulate investment in the local industry and allow training and racing activity at Dowling Forest to reach its full potential.

Council submitted that the Racecourse and training precinct were given significant consideration in the Outline Development Plan and the Amendment stating:

… the Amendment deals appropriately with the Dowling Forest Racecourse and its surrounds. Council has been a supporter of the thoroughbred racing industry for many years. It has not been sitting on its hands in this regard. To progress the further strategic work associated with the Racecourse and its surrounds, it has already commissioned the preparation of a Master Plan for the Dowling Forest Precinct.

In addition to the submissions made by Racing Victoria, a number of submissions were also made by individual property owners in the area.

A submission was received from Dr McKellar who owns 61 hectares of land bounded by Cummins, Garland, Muir and Gillies Roads, suggesting that the his land should be identified as suitable for future horse training and associated activities and that this should allow a minimum subdivision area of 4 hectares, rather than 40 ha as required under the current Farming Zone. A letter was also received from Aquanita Racing in support of this request. The submission states:

… it is vitally important to the future of the horse racing and training industry in Miners Rest, Ballarat and Victoria that sufficient land is appropriately identified for horse related uses within the Outline Development Plan area to support and sustain its ongoing growth. The industry, of which the racecourse forms an integral part, is a significant resource to the local community and beyond in terms of economic influence, employment generation and maintenance of rural based lifestyle opportunities. The subject land is free of any significant constraints to its future use for horse training purposes and ideally located to form part of the racecourse wider precinct. The current planning scheme amendment and Outline Development Plan process


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represents an opportune time to recognise the merits of the subject land. This recognition should take the form of its inclusion within the Outline Development Plan recommendations and consequential amendments to the Farming Zone schedule.

A submission was also received from TGM on behalf 13 landholders who own a total of 56.12 ha of land (lots ranging from 0.7 – 6.2 ha) bounded by Sharpes, Kennedy, Bones and Garland Roads, Miners Rest requesting that their land be considered for future horse stabling with a minimum lot size of 1 ha.

A submission was also received from Mr Tillett stating:

Whilst the horse racing industry has a highly significant presence within the general area of Miners Rest it is not the only industry involving horses which is to be found within the study area – the far broader Equine Industry which abounds within the general area covers far more than just racing horses – no mention seems to be made of this important element of life within Miners Rest.

Discussion

In considering this matter we have examined how the planning scheme currently addresses the issue of horse racing and what changes are proposed.

The MSS currently recognises the long association between the racing industry with Ballarat and the significant employment and leisure opportunities it provides for residents and visitors to the City. It acknowledges the Dowling Forest Racecourse as one of five major training centres in the state developed by Racing Victoria.

Clause 21.04‐11 in the Scheme sets out the following objective and strategies:

Objective 1 To create prosperity through the development of the racing industry.

Strategy 1.1 Discourage land use and development within the vicinity of Dowling Forest Racecourse that will restrict its use and development for racing purposes.

Strategy 1.2 Encourage the establishment of land uses associated with the horse racing industry within proximity to Dowling Forest Racecourse.

To support this statement, the Planning Scheme includes the Racecourse in a Special Use Zone – Schedule 7 – Racecourse. In addition, the schedule to the Farming Zone allows for smaller lots in an extensive area of land around the


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Racecourse if it is proposed that the land be used for the purpose of horse stables. Figure 3: Special subdivision area for horse stables in the Farming Zone

Map 1 to the Schedule to Clause 35.07 4 ha minimum subdivision area and no permit required for a dwelling on 4 ha where it is proposed to use the land for the purpose of horse stables. 40 ha minimum subdivision and house lot area for other uses.

Map 2 to the Schedule to Clause 35.07 10 ha minimum subdivision and no permit required for a dwelling on 10 ha where it is proposed to use the land for the purpose of horse stables. 40 ha minimum subdivision and house lot area for other uses.

The changes proposed by the Amendment include the following: Inclusion of an objective in Clause 21.08‐1 Miners Rest that reads:

- ‘Encourage and facilitate the growth of the agricultural business sector and the equine industry.’

Inclusion of a strategy in Clause 21.08‐1 Built form and amenity that reads: - ‘Encourage the development of open space trails and ….

equestrian pathway system as an interconnected network along the Burrumbeet Creek as part of new residential subdivisions.’

Inclusion of reference in Clause 21.09‐1 Land Use to: - ‘Review the existing planning controls within and around the

Dowling Forest Racecourse precinct.’

The Amendment provides no greater level of recognition, protection or guidance in relation to the Racecourse and the future of the racing industry than already exists in the Planning Scheme. In addition, the wording of some of the strategies may be limiting, and the reference to a precinct without defining that precinct is confusing.


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Council states that significant consideration was given to the racing industry, but our examination of the Outline Development Plan’s assessment of this issue shows it to be very cursory and without a critical evaluation of the needs of the racing industry. We note that the background document has referenced recommendations from the 1994 Outline Development Plan recommending further work which stated:

Establish guidelines in relation to lot sizes and development, specific buffer requirements from the creek, the wetland and residential development, the disposal of liquid and solid waste effluent and waste water and the management of the movement of horses, horse related traffic and other traffic in the area.

The establishment of a set of performance standards which could be applied to racing stables as permitted uses, including a buffer between such uses and residential development and specific controls to protect the wetland.

The area around the Racecourse: use of land in this area must take into account the proximity of Burrumbeet Creek and the Wetland Reserve. Proper effluent disposal measures will be required in association with any small lot subdivision and in particular any subdivision associated with the use of land for racing stables. The 100 metre buffer [as recommended by DSE] will only protect them in part. Much of the area is also low lying and further investigations are required as to its liability to flooding and water logging and its ability to absorb effluent and waste water. The management of solid waste associated with stables requires consideration, particularly where stockpiled. This may create odours, has the potential to contaminate drainage systems and can be a fire risk.

It is disappointing that strategic work identified as necessary over 16 years ago has not been addressed as part of this Outline Development Plan, particularly given the importance of the racing industry locally, regionally and at a State level. We are aware that the Dowling Forest Racecourse Master Plan is currently being prepared and we understand that this work will address these issues.

In relation to specific requests to either rezone land or reduce the minimum subdivision size of land near the Racecourse, we note that a significant area has already been identified for smaller lots in order to facilitate the racing industry (as discussed above) and see no strategic justification to provide more land at this time.

Until such time as this further strategic work is completed, we believe that it would be premature to amend the planning scheme to allow any additional


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subdivision or development that could compromise the future development of the Racecourse.

In relation to the proposed reference to a ‘racecourse precinct’ in Clause 21.09‐1 we note that no precinct has been identified in Map 1 to Clause 21.08‐1. We recognise that this is likely to be the subject of review as part of further strategic work. Given the time it may take to complete this work and implement it into the planning scheme, it may be appropriate to identify a precinct around the Racecourse being land identified in Maps 1 and 2 to the Schedule to Cluse 35.07. We believe that this will give the Racecourse greater recognition in the planning scheme until such time as further work is undertaken.

In the meantime, we believe that the Amendment should be strengthened to recognise the existence and importance of the Racecourse and to identify the need for additional strategic work.

Conclusion

We recommend:

In Clause 21.08‐1 amend the preamble to include the following statement:

‘Miners Rest is the home of the Dowling Forest Racecourse. The Racecourse is one of five major training centres in the state and is being developed by Racing Victoria. The Racecourse is a major opportunity for Miners Rest and has the ability to make a significant contribution to the town economically, socially and environmentally.’

On Map 1 to Clause 21.08‐1 identify the Dowling Forest Racecourse and the land identified in Maps 1 and 2 to the Schedule to Cluse 35.07 as ‘Dowling Forest Racing Precinct’ and delete the reference to ‘Existing Special Use Zone.’

In Clause 21.09‐1 (Land use) amend the last dot point to read: ‘Investigate the needs of the racing industry in Miners Rest and review the existing planning controls within and around the Dowling Forest racecourse precinct.’


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6.4 Identification of land for rural living

What is the issue?

It was submitted that land within the Farming Zone with less than minimum subdivision area should be identified for rural living. The issue is whether this is appropriate.


Mr Tillett submitted:

Save for that area of Miners Rest which is – or which can be seen as required for urban uses practically during the life of the Outline Development Plan – almost all of the remaining land within the Outline Development Plan area is of a subdivided size which identifies it as being Rural Living by nature and indeed it is being used for such purpose.

If the new Outline Development Plan is to cover the area proposed within the documentation then the Authors of it must have the gumption to state the bleeding obvious – they must be prepared to stand and describe the land they are reviewing for what it is – the fact that the City has failed miserably to complete its current Rural Land Review within a timely manner should not deter professionals from calling a spade a spade.

Council submitted:

It is not sufficient justification to simply say that the designation is appropriate because it has already been subdivided and is being used for rural living. However, it is worth noting that Mr Tillett was the proponent for Amendment C45 to the Ballarat Planning Scheme.

Discussion

We do not accept Mr Tillett’s suggestion that all land which is included within a Farming Zone but has an area less than the minimum subdivision requirements, should be included in a Rural Living Zone to reflect its current use. It is understood that Council is currently preparing a Rural Land Use Strategy and the application of the Rural Living Zone is considered as part of that strategy. At this time we see no strategic justification to include any land within a Rural Living Zone.

In addition, the change in strategic direction proposed by the submittor might be considered to ‘transform’ the Amendment. Transforming an amendment is changing it in a fundamental way so that, in effect, it becomes a different amendment.


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The general principle applied in panel hearings is that modifications to amendments are acceptable so long as they do not result in a transformation of the proposal.

Panels are guided by the general objective to achieve good outcomes without unnecessary delay or protraction of process. To do this, panels need to be prepared to facilitate the decision making process. Therefore, if modifying a proposal will achieve a good outcome, which overcomes legitimate and reasonable concerns, it is considered better to do so as part of the process of considering the matter than to reject it and require the process to be recommenced. This can mean that we could legitimately consider changes to the Amendment that are quite significant, so long as they do not transform the Amendment into something else.

What constitutes a transformation is judged according to its own circumstances, but it would need to be something quite different to that originally proposed. It is only possible to consider such significant changes to an amendment if the rules of natural justice are adhered to. 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.

Introducing a Rural Living component would in our view transform the Amendment. This is particularly the case as Rural Living is subject to a Ministerial Direction, and has been the subject of a previous amendment and panel hearing.

Conclusion


There is no basis for changing the Amendment to include areas of Rural Living.

6.5 Proposed residential development

What is the issue?

In Section 5 of this report we concluded that there is no strategic justification to identify land for future residential development on the overall framework plans for Ballarat, we have also considered the constraints that apply in Miners Rest.


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The Amendment identified some land on the map at Clause 21.08‐1 as ‘Proposed Residential 1 Zone’. The issue is the appropriate designation (if any) of this land.

6.5.1 Ford and Murphy land

This site is bounded by the existing Residential 1 Zone land to the east, the proposed education zone to the north, the quarry land to the west and the freeway to the south‐west. It is identified as ‘Proposed Residential 1 Zone’.


Mr Kell – Expert Witness on behalf of the owners of ‘Ford and Murphy’ land summarised that the Amendment is required to introduce the recommendations of the 2007 Outline Development Plan into the planning scheme, and that the current Outline Development Plan builds upon the previous strategic work undertaken by Council identifying Miners Rest as being a suitable location for urban development subject to particular constraints being addressed.

Mr Kell discussed a number of constraints on the development of the land and these have been discussed in earlier sections of this report.

Discussion

We consider that this site has a number of significant constraints to residential development, the biggest being its proximity to the quarry. As stated in Section 6.2.1 of this report, there are a number of significant unknowns in relation to the quarry that have a direct impact on the development potential of this site. It appears that even if commercial extraction stops rehabilitation will involve blasting, may take up to 5 years, and may require 500 metre buffers.

In addition, there is no certainty that the next stage of this quarry is in fact rehabilitation and not further extraction. It is clear that application of a 500 metre buffer from the boundary of the property will affect over half of this site, leaving only an isolated pocket of land for residential development near the freeway, away from the commercial centre and disconnected from other residential areas on three sides. This would not be orderly development.


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Conclusion

We believe that there are significant constraints associated with this site and no compelling policy or strategic justification for development which make its identification for future residential appropriate at this time.

We recommend:

On Map 1 to Clause 21.08‐1 delete the ‘Proposed Residential 1 Zone’ identification from the Ford and Murphy land.

6.5.2 Land on south side of Sharpes Street


While there was little discussion about this site at the Hearing, a written submission was made to the Amendment from the owners of these properties:

We appreciate the opportunity that the Ballarat City Council would be providing us and we realise we would have the potential to make a positive and pleasant living environment for generations to come. As such, we, as the land owners would like to work together towards meeting the goals of the Ballarat City Council …

· Encouraging variable lot sizes,

· Recognising the desired semi rural character of Miners Rest township and environment, and

· Matching land to allow a connected track and trail network.

Discussion

We do not think that this land can be considered to be an incremental expansion of Miners Rest. It is relatively large in terms of the footprint of the existing township. It is also disconnected from the existing new development to the south of the town.

As discussed in Section 5 we see no strategic justification for the new residential areas in Miners Rest, and the Outline Development Plan does not provide a strategic justification beyond catering for projected growth.

This rezoning can only be seen as an ad hoc proposal disconnected from the proper planning processes for urban development in Ballarat.


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Conclusion

We recommend:

On Map 1 to Clause 21.08‐1 delete the ‘Proposed Residential 1 Zone’ from the land on south side of Sharpes Street.

6.5.3 Land on the north-east corner of Howe Street and Cummins Street

The land on the north‐east corner of Howe Street and Cummins Street has been identified as ‘Proposed Residential 1 Zone’.

We note that there are a number of constraints associated with the development of this site, including:

development of the site would result in an isolated pocket of residential development, separated by Cummins and Howe Street;

part of the site is included within the 1:100 year flood plain; part of the site is covered by an EMO which may limit its

development potential; and the site is small and may only yield 30 dwellings, particularly given

the need to provide an appropriate interface with the creek and therefore the feasibility of a development is questioned.

However, we also recognise that there is some merit in identifying this land for urban purposes:

the parcel is relatively close to the nominal town centre; the parcel is contiguous with existing Residential 1 Zone and may

be seen as a completion of the existing development and not the opening up of a new area for development; and

the parcel has direct frontage to a constructed urban road.

We believe that at this stage there is no strategic justification to identify this site for proposed residential as part of the Amendment, however we accept that it may be appropriate in the future to consider the development potential of this site. We believe that this should be undertaken through a separate amendment process following the completion of the Housing Strategy and the identification of land within the 1:100 year flood plain within an LSIO.

We also believe that this should examine whether the site is suited to any other land use, particularly given that the community hub is no longer an option. On this basis we believe that designation as ‘Proposed Residential 1


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Zone’ as part of the Amendment would be premature, but accept that the site could be recognised as ‘Possible urban development’.

Conclusion

We recommend:

On Map 1 to Clause 21.08‐1 replace identification of the land on the north‐east corner of Howe Street and Cummins Street as ‘Proposed Residential 1 Zone’ with ‘Possible urban development’.

6.5.4 Sunland land

This land is situated on the west side of the Burrumbeet Creek abutting the existing Residential 1 Zone. We were advised that Sunland has requested a combined planning scheme amendment and planning permit for the land.

The amendment would seek to change the zoning of part of Wyndholm Park comprising 7.4 hectares on the west side of the Creek from Farming Zone to Residential 1 Zone and introduce a DPO to facilitate urban development of the land. The planning permit application would seek approval for a 32 lot subdivision of the rezoned land.

On 9 June 2010, Council resolved to seek authorisation from the Minister for Planning to prepare a combined planning scheme amendment and planning permit application generally in accordance with the plan submitted by Sunland. The resolution was conditional upon a formal amendment request accompanied by all necessary documentation being submitted to the satisfaction of Council.

Sunland submits that the part of Wyndholm Park west of the Creek should be identified as ʹFuture residential landʹ. Such a designation is consistent with the outcome sought via its combined planning scheme Amendment and planning permit application in respect of that land.

Council advised that, while authorisation for an amendment has not yet been obtained, Council agrees with Sunland that its resolution to concurrently exhibit a planning scheme amendment and consider a subdivision application in respect of the land, warrants some recognition in the Amendment.

To this end, Council is prepared to support the designation of the land as ‘Proposed Residential 1 Zone (subject to further investigation)’. In Council’s submission, this does not pre‐empt the outcome of the future Amendment and planning application. It simply acknowledges the fact that Council is prepared to investigate the suitability of the land for


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residential development as evidenced by its resolution to seek authorisation to concurrently prepare and exhibit the Sunland Amendment and consider the subdivision application condition upon receipt of further information.

Discussion

We note that there are a number of constraints associated with the development of this site, including:

part of the site is included within the 1:100 year flood plain; part of the site is covered by an EMO which may limit its

development potential; part of the site is within 1000 metres of the Ballarat North Water

Treatment Plant and therefore may be affected by the need for potential buffers as discussed in Section 6.2 of this report, however we note that Central Highlands Water did not object to this proposed development;

the site is located on the eastern side of Garland Road which to date has been the eastern limit of development, this may create a precedence to allow development east of Garland Road; and

the site is small and may only yield 32 dwellings, particularly given the need to provide an appropriate interface with the Creek and therefore the feasibility of a development is questioned.

We also recognise that there is some merit in identifying this land for urban purposes:

the parcel is physically separated from the remainder of Wyndholm Park by the Burrumbeet Creek;

the parcel is contiguous with existing Residential 1 Zone and may be seen as a completion of the existing development and not the opening up of a new area for development; and

the parcel has direct frontage to a constructed urban road.

We believe that at this stage there is no strategic justification to identify this site for Proposed Residential 1 Zone as part of the Amendment, however we accept that it may be appropriate in the future to consider the development potential of this site. We agree that this should be undertaken through a separate amendment process. In this case we think it is appropriate for the map at Clause 21.08 to recognise that the land may have future development potential, but think that this is best characterised as a ‘possibility’ rather than as a ‘proposal’.


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Conclusion

We recommend:

On the Map to Clause 21.08‐1 identify the Sunland land as ‘Possible urban development’.

6.5.5 Residential development strategies

We have recommended the deletion or alteration of all areas identified as ‘Proposed Residential 1 Zone’. This implies some further changes to the Amendment.

We recommend:

In Clause 21.08‐1 (Implementation Strategies, Land Use) delete reference in Strategy 2 to ‘… and rezoning of land to the Residential 1 Zone except where it is located within a Proposed Residential 1 Zone or Existing Residential 1 Zone or Existing Mixed Use Zone as designated on the Outline Development Plan.’

On the Map to Clause 21.08‐1 delete references to ‘Proposed Residential 1 Zone’ from the legend.

In Clause 21.08‐1 (Implementation Strategies – Built form and amenity) delete reference in Strategy 1 to: ‘Encourage a variety of conventional and low density housing in the area designated as Existing Residential 1 Zone and Future Residential 1 Zone which achieves a density of 10 dwellings per hectare.’

6.6 BVP Superannuation land

What is the issue?

This land has been identified as ‘Future investigation for urban uses’. The issue is whether this is appropriate.


Mr O’Farrell on behalf of BVP Superannuation submitted that future investigation is required to determine the suitability of the land for urban uses, but based on preliminary investigations the land is considered suitable because it is:

Serviceable; not flood prone;


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not subject to significant flora and fauna constraints; and not subject to cultural heritage constraints.

The submission contends the identification ‘Future investigation for urban uses’ does not ‘lock in’ any outcomes, but rather is an indication that further investigation is required.

We note that Mr O’Farrell did not present any arguments to demonstrate the strategic justification for the potential development of this land for urban purposes.

Mr Glossop on behalf of Central Highlands Water submitted:

The designation of land for ’Future Investigation’ is premature. Appropriate strategic studies and environmental investigations should be completed prior to deciding on the status of this land.

It is disingenuous to observe that the nomination of land for investigation purposes does not give it an ‘elevated’ status within the Outline Development Plan area or the planning scheme, it clearly does. …. The designation of this land for investigation prior to the resolution of the BNWRP’s buffer (among other things) puts the strategic cart before the horse (para 4ii).

The risk is that if a major residential development proceeded in an area that could be impacted by odour emissions that might from time to time emanate from the plant, it is foreseeable that the Ballarat community (through CHW expenditure) would be expected to incur additional costs to relocate (in a worst case scenario) or provide additional and expensive odour management facilities at the BNWRP (para 31).

It does not appear that there is currently an identified short to medium term need for large areas of land east of Miners Rest to be rezoned for urban purposes. Even if there was, it is by no means certain that land [east] of Garlands Road would be an appropriate growth front given that it is not contiguous with the existing urban area and abuts the BNWRP along its northern boundary (para 73).

It is premature to designate this land as an investigation area until further analysis is completed. At the very least, a regional level supply and demand analysis should be undertaken to determine if an when further land is required. This could occur as part of the Council’s Settlement Strategy. The analysis tabled to the Panel so far is inadequate and its assumptions reflect that (para 74).

A submission was also received from Mr Alan Ford:


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The Amendment C127 cannot include the proposed Sunland proposal [now BVP] for the 2000 houses north east of Macarthur Park for the reasons:

· It has never been part of the nearly 20 years of planning for Miners Rest. It has never been part of the exhibition or community consultation, neither the 2007 or the 2009 processes. To include it now would mean starting the whole process once again. It is land which is prime agricultural land and therefore to [be] kept as such if alternative areas are available, as stated in the Municipal Strategic Statement Clause 21.04 p3 of 10 in the Overview – Land Capability Section ‘ensuring good quality farming land is protected through the planning scheme’. There is no need for such development at present.

· In fact it would destroy the whole concept of attempting to draw together a connected community centred on Miners Rest and all the associated benefits. The sheer size of such a development would create its own suburb of Ballarat.

A submission was also received from Wayne and Caroline Pick objecting to the proposal stating that:

The current Ballarat City Council plans state that the future development and growth is currently directed to the Ballarat West area; significantly those areas including Alfredton and Delacombe, the development of a substantial residential subdivision, which we believe is expected to be approximately 100 lots, goes against the existing Council planning. … The suggested area will be difficult to incorporate into the proposed amendment of integrating the present communities of Macarthur Park and Miners Rest.

Discussion

This site is 161 hectares and could accommodated 1870 lots with a population of 4600 people. This would, in effect, create an entirely new settlement, up to four times the size of Miners Rest.

The land may be serviceable, not flood prone, not subject to significant flora and fauna constraints and not subject to cultural heritage constraints, but this does not mean that the land is automatically suitable for any form of urban development.

There are a number of significant constraints associated with this site which make its potential for urban purposes undesirable, these include:

the potential need for buffers associated with the BNWRP;


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the distance and separation from the Miners Rest town, resulting in a potentially separate and disconnected community; and

the removal of a large parcel of land from agricultural production.

We accept Mr O’Farrell’s statement that the reference to further investigation is not a commitment, however we agree with Mr Glossop that it gives it an ‘elevated’ status within the planning scheme, which given the lack of strategic justification for any further residential development potential in Miners Rest, urban development on this site would be inappropriate.

In considering this site, we note that the inclusion of this site in the Outline Development Plan as an area for ‘Future investigation for urban uses’ was adopted by Council in December 2007 in response to an approach from a developer. The Council Officer Report (Council Meeting Agenda – 9 June 2010) states:

Submittors have questioned the strategic justification for the inclusion of this area in the Outline Development Plan as it has not formed part of the Outline Development Plan or the exhibited amendment and has [not] been through a proper consultation process (p52).

Whilst previous panels have supported the designation of long term growth areas on Strategic Framework Plans, they have emphasised that there must be strategic justification for the designation. A thorough analysis and process must be undertaken to identify and justify an area as an appropriate location for development, and then the detailed issues that affect timing, nature and extent of development can be assessed (p52).

The adopted Outline Development Plan contemplates further development to facilitate an incremental growth of the town. Given that the Outline Development Plan does not include an assessment of whether that land is suitable for urban development, and the implications of a significant development on a site which is removed from the Miners Rest township, it is difficult to recommend that it has adequate strategic justification (p53).

We support the advice of the Officer to Council in relation to this matter.

We also believe that the identification of this site for future investigation for urban purposes should have been the subject of community consultation, giving the community an opportunity to make comment.

We note that the land is not identified in the Overall Framework Plan for Ballarat as ‘Future investigation for urban uses’, and there has been no strategic assessment or process to justify its inclusion on this plan.


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Conclusion

We do not believe that there is any justification for identifying this site for future investigation for urban purposes and to do so is contrary to the existing strategic planning framework. We recommend:

On Map 1 to Clause 21.08‐1 delete the notation ‘Future investigation for urban purposes’.


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7. Implementing the Outline Development Plan

7.1 Use of Outline Development Plan as reference document

What is the issue?

During the course of the Hearing various submissions raised issues associated with the content of Outline Development Plan. In a broader sense, these submissions raised issues about the statutory role that this document will have.


In the main, the Outline Development Plan is implemented by changing Clause 21.08‐1, which is a local area section of the MSS dealing with Miners Rest. Clause 21.08‐1 includes strategies that ‘call up’ the Outline Development Plan.

Strategy 1 under ‘Land use’ is:

Ensure that land use, development and subdivision in Miners Rest is consistent with the Miners Rest Outline Development Plan (volumes 1 and 2).

Strategy 4 under ‘Land use’ is:

Encourage further commercial development on land located in the Existing Mixed Use Zone as designated on the ODP.

Strategy 6 under ‘Built form and amenity’ is:

Encourage the provision of open space generally in accordance with the location of the Proposed reserve system (with walking trail) identified on the Outline Development Plan, or to be linked to the Proposed reserve system (with walking trail).

Strategy 1 under ‘Infrastructure’:

Ensure education and community infrastructure are co‐located in a central location in Miners Rest consistent with the Outline Development Plan and in accordance with a site specific Master Plan.

The issue is the way Clause 21.08‐1 relies on the Outline Development Plan which is only ever intended to be a reference document.


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Discussion

The treatment of the Outline Development Plan in the Amendment raises a number of issues for us, including its statutory role, how we should respond to submissions that sought changes to it, and the process of implementing it.

The strategies in Clause 21.08‐2 gives the Outline Development Plan a role that are at odds with the Practice Note on Incorporated and Reference Documents.

We discussed in Section 4.2 that we do not support an approach whereby Reference Documents are relied upon as a de facto statutory tool. This is consistent with many past panel reports. The elements of the Outline Development Plan that are intended to have statutory weight should be implemented through appropriate VPP tools, and explicit statements or plans within the planning scheme itself.

Conclusion

We have already recommended Strategy 1 under Infrastructure be deleted.

We recommend:

In Clause 21.08‐1 (Implementation Strategies – Land use) replace Strategy 1 with: Ensure that land use, development and subdivision in Miners Rest is consistent with the Miners Rest Outline Development Plan that forms part of this clause.

In Clause 21.08‐1 (implementation Strategies – Land use) replace Strategy 4 with: Encourage further commercial development in the Mixed Use Zone.

In Clause 21.08‐1 (implementation Strategies – Built form and amenity) replace Strategy 6 with: Encourage the provision of open space generally in accordance with the location of the Proposed reserve system (with walking trail) identified on the Outline Development Plan that forms part of this clause.


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7.2 What the plan shows

What is the issue

The legend on the Plan at Clause 21.08‐1 shows: Study area boundary; Existing Special Use Zone; Existing Residential 1 Zone; Existing Mixed Use Zone; Proposed Residential 1 Zone; Proposed Industrial Zone (subject to further investigation); Proposed Special Use – Education Zone; Proposed erosion Management Overlay; Proposed reserve (with walking trail); Creek /tributary; and Major entry points.

The carries the notation:

Please note: All existing overlays are to remain in place and have been deleted from this plan for clarity. Refer Miners Rest Existing Facilities and Planning Controls (Map 2) for existing overlays.

We think: the term ‘Study area boundary’ should be replaced with a more

appropriate notion such as ‘Local area boundary’; the ‘Existing Special Use Zone’ notation applies to the Racecourse

and Dowling Forest Cemetery, these are identified on the plan and so this legend entry is not needed;

the identification of the ‘Proposed Erosion Management Overlay’ is meaningless. Given these extensions to EMO are included as part of the Amendment they will already be included in the Scheme, however if this reference is to be retained, then this map should identify all the area that is subject to this overlay; and

the note is not useful in the Planning Scheme.

We recommend:

On Map 1 to Clause 21.08‐1 in the legend: Replace the term ‘Study area boundary’ with a more appropriate notion.

Delete reference to the ‘Existing Special Use Zone’.


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Delete reference to and identification of the ‘Proposed Erosion Management Overlay’.

Delete the note: ‘Please note: All existing overlays are to remain in place and have been deleted from this plan for clarity. Refer Miners Rest Existing Facilities and Planning Controls (Map 2) for existing overlays’.

7.3 Issues with strategies

Residential development densities

Clause 21.08‐1 includes a strategy:

Built form and amenity

Strategy 1 Encourage a variety of medium density housing in the area designated Existing Mixed Used Zone on the Outline Development Plan to achieve a density of 30 dwellings per hectare within the Town Centre. …

There is a need to identify precisely what is meant by the term ’within the Town Centre’. We note that further commercial development is also to be supported in the Mixed Use Zone. It is also not clear how these two policies are to interact: does commercial development have to include a component of residential development at 30 dwellings per hectare, or do the residential developments need to be at a much higher density to balance out land lost to commercial operations.

We have already recommended deletion of ‘Encourage a variety of conventional and low density housing in the area designated as Existing Residential 1 Zone and Future Residential 1 Zone which achieves a density of 10 dwellings per hectare’ from this strategy.

We further note that it is not clear what is meant by the balance of the strategy that calls for ‘a variety of conventional and low density housing’ beyond the well established policies at a state level for housing diversity and detailed controls in Clause 55 of the planning scheme. We also note that the SPPF has policy for growth areas that states:

Encourage average overall residential densities in the growth areas of a minimum of 15 dwellings per net developable hectare.

We recommend:

In Clause 21.08‐1 (Implementation Strategies – Built form and amenity) replace Strategy 1 with: Encourage a variety of medium density housing in the Mixed Used Zone.


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Appendix A Revised Clause 28.01-1

21.08 LOCAL AREAS

This Clause sets out the implementation strategies for local areas within Ballarat. These strategies are to be read in conjunction with the objectives and strategies in Clauses 21.04 – 21.07.

The local areas include:

Miners Rest

Mair Street Medical Precinct

Camp Street

Canadian Valley (including Buninyong, Mt Clear and Mt Helen)

21.08-1 Miners Rest

Miners Rest is a small settlement with an estimated population of 1,025 persons. It is located approximately 13 km north-west of the Ballarat CBD and 8 km from Wendouree. Few urban services and facilities are available in the area including post primary school education, medical, recreation and cultural facilities. It is designated as a short to medium term residential growth area in the Residential Framework Plan in clause 21.04-2.

The supply of existing residential zoned land should be sufficient to accommodate projected demand in the area to 2021. The Miners Rest Outline Development Plan (Volumes 1 and 2) 2007 (ODP) provides a clear framework to accommodate residential growth in Miners Rest between 2021 and 2031.

Rezoning of the land identified as Proposed Residential 1 Zone on Miners Rest Outline Development Plan (Volumes 1 and 2) 2007 (ODP) to the Residential 1 Zone should be sufficient to accommodate projected demand to 2031. At that time, the projected population of Miners Rest is 3,800 persons. Accommodating that growth is based on achieving a dwelling density of 10 dwellings per hectare outside the Town Centre and 30 dwellings per hectare inside the Town Centre. The ODP identifies scope to accommodate an additional 730 persons beyond 2031 if necessary by increasing the dwelling density outside the Town Centre to 12 dwellings per hectare.

Objectives for Miners Rest include to:

provide for future land use, development and subdivision while taking development constraints into account;

provide an opportunity for co-location of education and community infrastructure in a central location in Miners Rest;

encourage and facilitate the growth of the agricultural business sector and the equine industry;

provide a network of usable open space within the Township and along the Burrumbeet Creek;

maximise community accessibility to open space; and

create a safe and integrated transport and movement network within the Township that encourages sustainable transport and movement.

18/03/2010

--/--/20--

C127


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Implementation Strategies

Land use

Strategy 1 Ensure that land use, development and subdivision in Miners Rest is consistent with the Miners Rest Outline Development Plan (Volumes 1 and 2) 2007.

Strategy 2 Discourage residential development outside of the Residential 1 Zone and rezoning of land to the Residential 1 Zone except where it is located within a Proposed Residential 1 Zone or Existing Residential 1 Zone or Existing Mixed Use Zone as designated on the ODP.

Strategy 3 Encourage the expansion of the tourism and economic role of Miners Rest township based on preserving and enhancing its heritage and village character.

Strategy 4 Encourage further commercial development on land located in the Existing Mixed Use Zone as designated on the ODP.

Strategy 5 Discourage the expansion of the Miners Rest Quarry to the east.

Built form and amenity

Strategy 1 Encourage a variety of medium density housing in the area designated Existing Mixed Used Zone on the ODP to achieve a density of 30 dwellings per hectare within the Town Centre. Encourage a variety of conventional and low density housing in the area designated as Existing Residential 1 Zone and Future Residential 1 Zone which achieves a density of 10 dwellings per hectare.

Strategy 3 Ensure noise sensitive urban uses are setback at least 50 metres from the Western Freeway.

Strategy 4 Encourage the development of open space trails and a pedestrian, bicycle and equestrian pathway system as an interconnected network along the Burrumbeet Creek as part of new residential subdivisions.

Strategy 5 Provide cycle footpaths linking Miners Rest to Mitchell Park and Wendouree.

Strategy 6 Encourage the provision of open space generally in accordance with the location of the Proposed reserve system (with walking trail) identified on the ODP, or to be linked to the Proposed reserve system (with walking trail).

Environment

Strategy 1 Encourage new development adjacent to watercourses to preserve any existing native and exotic vegetation.

Strategy 2 Ensure that significant native vegetation is retained, protected and enhanced as part of any residential or urban development.

Infrastructure

Strategy 1 Ensure education and community infrastructure are co-located in a central location in Miners Rest consistent with the ODP and in accordance with a site specific Master Plan.


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Strategy 2 Ensure that no development occurs within the Obstacle Limitation Surface (OLS) of the Ballarat Airport 18/36 runway.

Strategy 3 Ensure that future residential or urban development will be connected to reticulated services.

Strategy 4 Encourage unused roads to be used as linkages for pedestrians and cyclists.

Strategy 5 Ensure subdivision applications demonstrate how the road network within the subdivision will integrate with the existing road network, and how linkages will be provided to existing and future open space corridors.

Strategy 6 Require new residential development to contribute to extending and upgrading the open space trail system.

Other Implementation Actions

Prepare site specific Master Plans which provide for the co-location of education and community facilities in a central location consistent with the ODP.

Prepare a landscape design for the entrance to Miners Rest, north of Maryborough Road.


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