Sunraysia Highway, Miners Rest
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Combined Amendment C185 to the Ballarat Planning Scheme & Environmental Protection Agency ‘Works Approval’ associated with the Proposed Central Victorian Livestock Exchange. Sunraysia Highway, Miners Rest Statement of Town Planning Evidence prepared by Stuart McGurn June 2015 0299254 www.erm.com The world’s leading sustainability consultancy STATEMENT OF EVIDENCE Combined Amendment C185 to the Ballarat Planning Scheme & Environmental Protection Agency ‘Works Approval’ associated with Proposed Central Victorian Livestock Exchange. Sunraysia Highway, Miners Rest Statement of Evidence prepared by Stuart McGurn June 2015 Environmental Resources Management Australia Level 3, Tower 3 (WTC) 18-38 Siddeley Street, DOCKLANDS VIC 3005 AUSTRALIA Telephone +61 3 9696 8011 Facsimile +61 3 9696 8022 www.erm.com INTRODUCTION 1. My name is Stuart Andrew McGurn and I am a Partner of the firm Environmental Resources Management Australia Pty Ltd (ERM) that conducts its business at Level 3, Tower 3, 18-38 Siddeley Street, Docklands. My qualifications and experience are described in Appendix A. 2. I have been requested by Harwood Andrews Lawyers, on behalf of ‘RLX Investment Company Pty Ltd’ to prepare a town planning assessment of proposed Amendment C185 to the Ballarat Planning Scheme which seeks to facilitate future approvals associated with the establishment of a regional livestock exchange on 45 hectares of land adjoining the Sunraysia Highway to the south west of Miners Rest township. 3. Amendment C185 has been prepared by the City of Ballarat at the request of RLX Investment Company Pty Ltd. The Amendment proposes to rezone the subject land from the Farming Zone (FZ) to Special Use Zone 15 (SUZ15) ‘Central Victoria Livestock Exchange’, which is a new schedule that will require the preparation of further documentation, and approval of a Development Plan before use and development of the land for a ‘saleyard’ can commence. 4. Simultaneous with the Planning Scheme Amendment a ‘Works Approval’ Application has been made to the Environment Protection Authority (EPA). Given the interrelated nature of these matters they are to be considered concurrently by the Panel, however I note that matters relating to the ‘Works Approval’ are outside of my expertise and are not addressed in my statement. 5. In the course of preparing this evidence I have inspected the subject site and its environs and have reviewed the proposal with reference to the Ballarat Planning Scheme, and in relation to the context of the surrounding area. In addition, I have read the Planning Officer report of 10 December 2014 and 22 April 2015, and submissions lodged by third parties and referral authorities. Given the highly technical reports accompanying the Amendment my assessment of town planning and policy matters is informed by the expert reports and statements prepared on behalf of RLX Investment Company Pty Ltd. 6. A summary of my opinions with respect to the proposal is as follows: The proposed rezoning of the land to the Special Use Zone 15 has a sound strategic basis and is consistent with the State and Local Planning Policy Framework of the Ballarat Planning Scheme; The conditions of the land are suitable for the future use and development of a Regional Livestock Exchange (saleyard) subject to the preparation of further detailed plans and reports required to approve a Development Plan under the Special Use Zone; ENVIRONMENTAL RESOURCES MANAGEMENT AUSTRALIA 0299254_E01 /STATEMENT OF EVIDENCE/JUNE 2015 1 The Amendment (subject to the minor modifications I have recommended at paragraph 82 of my report) makes appropriate use of the Victorian Planning Provisions and is consistent with Planning Practice Note 6 ‘Strategic Assessment Guidelines for Preparing and Evaluating Planning Scheme Amendments’. 7. I declare that I have made all the enquiries that I believe are desirable and appropriate and that no matters of significance which I regard as relevant have, to my knowledge, been withheld from the Panel. ENVIRONMENTAL RESOURCES MANAGEMENT AUSTRALIA 0299254_E01 /STATEMENT OF EVIDENCE/JUNE 2015 2 SUBJECT SITE AND SURROUNDS 8. The subject site comprises four parcels of land with a total area of 45 hectares located on the Sunraysia Highway, approximately 10.5 km north west from the centre of Ballarat. The land sits at the junction of the Sunraysia Highway and Western Highway, approximately 1.3 kilometres south-west of Miners Rest. 9. The land is presently fenced and used for open grazing. No buildings or structures exist on the site. Vegetation has generally been highly modified, except for a small cluster of trees in the central north east area of the site (0.1 hectares of remnant vegetation ‘Plains Grassy Woodland’ EVC) and an isolated ‘remnant’ tree in the south-east of the site. 10. The land slopes from the south-east to the north-west and has a fall of approximately 15 metres. The western boundary of the site is part of a floodplain, while the land is also located in proximity to two Declared Water Support Catchments and within a Water Supply Protection area. 11. The site is bounded by the Sunraysia Highway to the north and east, and the Western Highway to the south. To the west, the site abuts grazing land. 12. Beyond the highways to the north and east land also generally comprises grazing. A disused quarry is located to the east and Ballarat Airfield is located approximately 2.5km to the south-east. 13. The nearest residential property is 386 metres away. Farming Zoned land to the north east (in between the township and the Sunraysia Highway) appears to have been subdivided to smaller rural lots, but not developed with dwellings. Residentially zoned areas in Miners Rest are located approximately 520 metres to the north east of the subject site. ENVIRONMENTAL RESOURCES MANAGEMENT AUSTRALIA 0299254_E01 /STATEMENT OF EVIDENCE/JUNE 2015 3 AMENDMENT C185 TO THE BALLARAT PLANNING SCHEME 14. The Amendment proposes to rezone the land in order to co-ordinate a future approvals process for the relocation of the Central Victorian Livestock Exchange (‘Ballarat Saleyards’) from its current location in Latrobe Street, Ballarat, to the proposed site at the north-west outskirts of Ballarat. 15. In particular the Planning Scheme amendment proposes: To rezone the land from the Farming Zone to the Special Use Zone (Schedule 15); Introduce the new Schedule SUZ15 ’Central Victoria Livestock Exchange’ to the Scheme; and Introduce an Incorporated Document ‘Central Victoria Livestock Exchange, Ballarat December, 2014’ in the Schedule to Clause 81.01 and by way of reference in the schedule to Clause 52.03 ‘Specific Sites and Exclusions’. 16. The proposed Special Use Zone 15 (SUZ15) schedule to Clause 37.01 has the purpose: To provide for the use and development of the land as a livestock exchange (saleyard) facility and ancillary facilities as part of the Central Victoria Livestock Exchange project. To provide for the use and development of the land in accordance with the Incorporated Document entitled ‘Central Victoria Livestock Exchange, Ballarat August 2014’. 17. The Schedule to the Zone includes use of the land for the purposes of a ‘saleyard’ as a ‘Section 1’ (‘Permit Not Required’) use, subject to the requirement for preparation and approval of a ‘Development Plan’ including various detailed plans and reports. It is proposed that once a Development Plan is approved, no planning permit would be required for the use and development of the land for the proposed ‘Regional Livestock Exchange’ and further, that use and development that meets the requirements of the schedule be approved without need for further public consultation. A copy of the proposed zone and schedule is contained at Appendix B. 18. The Incorporated Document has been drafted to ‘allow[ing] certain activities as identified in this Incorporated Document to be undertaken in association with a saleyard on the affected land as permitted under Special Use Zone 15 without having to comply with certain particular provisions contained in the scheme’ including ‘Clause 52.05 advertising signs’, ‘Clause 52.06 car parking’ ‘Clause 52.07 loading and unloading of vehicles’, ‘Clause 52.17 native vegetation’, ‘Clause 52.29 Land Adjacent to a road zone….’. A copy of the proposed incorporated document is contained at Appendix C ENVIRONMENTAL RESOURCES MANAGEMENT AUSTRALIA 0299254_E01 /STATEMENT OF EVIDENCE/JUNE 2015 4 19. An extensive range of material has been prepared in support of the proposed Planning Scheme Amendment and Works Approval. These documents form the background to the Amendment and provide a picture of the future use and development of the land for a future saleyard. Key elements of the proposal are: A purpose built livestock marketing and selling complex which will accommodate 78,000 cattle and 1.5 million sheep annually including weekly ‘prime’ cattle sales, weekly sheep sales, and monthly ‘store’ cattle sales. Approximately 27,145 m2 of ‘roofed’, and 13,081 m2 of ‘external’ sheep yards; Approximately 9,050 m2 of ‘roofed’, and 4,080 m2 of ‘external’ cattle yards; Office and administrative buildings covering approximately 1,400 m2; A maintenance and hay shed; Approximately 3,800 m2 of truck parking area as well as a truck wash down area for up to 4 trucks; A car parking area of approximately 8,750 m2 (comprising a formal area of 6,250 m2 and a grassed overflow area of 2,500 m2) ; A rain water storage dam; and A series of water treatment ponds designed to capture and treat wastewater generated by various sources. 20. The balance of the site will be used as irrigated grazing land. 21. The saleyards are expected to cater for 17 staff, 48 agent personnel, 6 livestock contractors, 12 drovers, and up to 100 patrons on peak event days. It is proposed that the facility be accessed 24 hours, seven days a week and will include night lighting and security recording (CCTV).