The Miners Rest Township Plan Ballarat Planning Scheme Amendment

OVERVIEW (Amendment Approved - Project Finalised)

The Miners Rest Township Plan was adopted by Council at a meeting on 11 December 2019. Council also resolved to commence a planning scheme amendment to incorporate the plan into the Ballarat Planning Scheme. The City of Ballarat has prepared Amendment C235ball to the Ballarat Planning Scheme (the Amendment).

The Amendment was exhibited from 17 November 2022 to 19 December 2022. Public notice of the exhibition was given through letters to the owners and occupiers in Miners Rest township and surrounds, public notice in the Ballarat Times, the Government Gazette, social media and through posters located around Miners Rest.

The Submissions were considered by the Planning Delegated Committee on the 8 March 2023 and Council's resolution was to refer the amendment to Panels Victoria for review and recommendations.

The Panel Hearing was conducted 22 - 24 May 2023. The Panel Report has been released 11 July 2023.

On 9 August 2023, City of Ballarat’s Planning Delegated Committee considered the Panel Report for Amendment C235ball and resolved to adopt the Amendment and submit it for approval.

The amendment was approved by the Minister for Planning on 14 November 2023 and included in the Ballarat Planning Scheme.

UPDATE:

APPROVAL OF THE PLANNING SCHEME AMENDMENT

On 14 November 2023 the Minister for Planning gazetted the approval of C235ball with the following minor changes made by the State Planning Services prior to gazettal:

1. Amend clause 21.09-5 (Miners Rest) to include the following action under the heading Further strategic work:

 Work in partnership with Glenelg Hopkins Catchment Management Authority to update flood mapping for the Burrumbeet floodplain around Miners Rest.

2. Amend the Miners Rest Framework Map at clause 21.09-5 (Miners Rest) to remove the consultant logo and map title.

The Ministers' approval letter is available on this page under document library "Approval of Amendment C235ball".

ADOPTION AND SUBMISSION TO THE MINISTER

On 9 August 2023, City of Ballarat’s Planning Delegated Committee considered the Panel Report for Amendment C235ball to the Ballarat Planning Scheme. This report recommended the Amendment be adopted by the City of Ballarat as exhibited.

At this meeting, Council resolved to:

accept the recommendations of Planning Panels Victoria,
adopt the Amendment as exhibited pursuant to section 29 of the Planning and Environment Act 1987; and
submit the Amendment to the Minister for Planning for approval pursuant to section 31(1) of the Planning and Environment Act 1987.

The Amendment was submitted to the Minister for Planning with a request to approve C235ball on 31 August 2023.

The planning scheme amendment process has several stages as per the amendment stages table below. The next step is the final part of Stage 6 where the Minister considers Council's submission of the Amendment and request for approval. City of Ballarat will directly advise submitters of the outcome of the request and publish information here on the Mysay website. The Minister will publish notice of any approval through the Government Gazette.

Stages of a planning scheme amendment:

PANEL REPORT & COUNCIL MEETING

Council has received the Panel Report. The Panel recommends that Ballarat Planning Scheme Amendment C235ball be adopted as exhibited.

This means the Panel recommends, the land use and planning elements of the Miners Rest Township Plan, that was exhibited in 2022, be included in the Ballarat Planning Scheme without any changes and the adopted Miners Rest Township Plan become a Reference Document to the Ballarat Planning Scheme.

AMENDMENT C235ball DOCUMENT LIST

Ballarat C235ball Explanatory Report
Ballarat C235ball Instruction Sheet
The Miners Rest Township Plan (November 2019)
Ballarat C235ball Zone Map 06 Exhibition
SCHEDULE 3 TO CLAUSE 32.09 NEIGHBOURHOOD RESIDENTIAL ZONE
21.02 SETTLEMENT AND HOUSING
21.09 LOCAL AREAS
21.10 REFERENCE DOCUMENTS
Bushfire Assessment Miners Rest Township Plan Final Report 30 August 2022
Miners Rest Township Plan - Background Information and Analysis Report (November 2019)
Miners Rest north Character Assessment - Supplementary Report (November 2019)
Community Infrastructure Assessment (June 2018)

HISTORY - EXHIBITION, SUBMISSIONS AND PANEL HEARING

PANEL HEARING 22 - 24 May 2023

In May 2023 the Panel Hearing was conducted in person and online. The in person component ran two days each in Ballarat and Melbourne to accommodate all parties. All parties were heard and were able to present their position to the Panel.

EXHIBITION OF AMENDMENT C235ball MINERS REST TOWNSHIP PLAN (CLOSED)

Amendment C235ball proposes to incorporate the land use planning recommendations of the Miners Rest Township Plan into the Ballarat Planning Scheme. The Miners Rest Township Plan aims to protect the rural township character of Miners Rest through a variety of strategies and actions, including rezoning.

The amendment applies to the Miners Rest Township and surrounds shown in Figure 1 ‘Miners Rest Study Area’ below, also shown in the ‘Explanatory Report’ in the 'Exhibited Amendment Documents' link on this page.

Key elements of exhibited Amendment C235ball Miners Rest Township Plan

The Ballarat Planning Scheme Amendment C235ball proposes:

The Miners Rest Township Plan be incorporated into the Ballarat Planning Scheme as a background document
New Local Planning Policy and Framework Plan to implement the plan
Rezone the General Residential Zone (GRZ) areas of Miners Rest North to Neighbourhood Residential Zone (NRZ), apart from the area of GRZ which forms part of the town centre (immediately south of Creek Street) and is designated for medium density housing
a new schedule (Schedule 3) to the Neighbourhood Residential Zone including variations to Clauses 54 and 55 as follows:

Minimum subdivision area: 750 sqm.
Maximum building site coverage: 45 per cent
Minimum permeability: 45 per cent
Landscaping requirements
Associated objectives and decision guidelines
Place the Amendment on exhibition pursuant to Section 19 of the Planning and Environment Act 1987.

Exhibition period: Thursday 17 November 2022 to Monday 19 December 2022.

The exhibited materials are available for download in the documents list on this page, and are also available for inspection:

• Department of Environment, Land, Water and Planning website: delwp.vic.gov.au/public-inspection

• To review in person by appointment at: The Phoenix, 25 Armstrong Street, Ballarat, by contacting strategicplanning@ballarat.vic.gov.au or calling 03 53205500.

SUBMISSIONS (CLOSED)

Anyone may make a submission to City of Ballarat about the amendment. Submissions must be made in writing, giving the submitter’s name and contact address, clearly stating the grounds on which the amendment is supported or opposed, and indicating what changes (if any) the submitter wishes to suggest. Name and contact details are required for Council to consider submissions and to notify submitters of the opportunity to attend Council meetings and any public hearing held to consider submissions.

The closing date for submissions is Monday 19 December 2022.

Submissions can be provided to City of Ballarat via the following:

Postal: City of Ballarat, Strategic Planning, PO Box 655, Ballarat VIC 3350, or

Email: strategicplanningsubmissions@ballarat.vic.gov.au or

Online: MySay via the "Who's Listening" email link on this page.

Note: The planning authority must make every submission available to view on its website for any person to inspect free of charge for two months after the amendment comes into operation.

Following the exhibition period all the submissions will be reviewed and presented at a Council meeting in early 2023. Anyone making a submission will be notified directly about the meeting.