title: Amendment C149 - Dowling Forest Equine Precinct council: ballarat state: vic category: amendment classification: MAJOR status: approved last_compiled: 2026-05-31 source_docs:
- web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf
- web-research-L1-dowling-forest-c149-instruction-sheet-dtp.pdf
- web-research-L1-dowling-forest-c149-list-of-changes-dtp.pdf
Amendment C149 - Dowling Forest Equine Precinct
Amendment C149 reworked the planning controls around Dowling Forest Racecourse so that nearby rural land is managed primarily for thoroughbred horse training rather than incremental rural residential use (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.3). Its planning significance is that it converted a policy preference for racing-related land use into zoning, subdivision, dwelling and legal-agreement mechanisms that restrict ordinary residential outcomes in the precinct (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, pp.5-6).
Background
The amendment was prepared by the City of Ballarat as planning authority for the Ballarat Planning Scheme (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.1). It applies to land in the Farming Zone near the Ballarat, or Dowling Forest, Racecourse (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.1). The amendment implements the planning scheme changes recommended by the Dowling Forest Precinct Master Plan, February 2011, and the Implementation of the Dowling Forest Precinct Master Plan, April 2011 (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.1).
The explanatory report says the Master Plan was prepared by Coffey Partners and found that a thoroughbred training precinct at Dowling Forest was supported by state and local policy initiatives and by the Victorian racing industry (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.1). It identified two specific advantages at Dowling Forest: private land around the racecourse available for trainers to purchase and develop, and access to a straight uphill training track (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.1). The amendment also reflects an Implementation Report prepared by Keaney Planning with Ballarat City Council, which recommended changes to the Municipal Strategic Statement, the Farming Zone schedule, planning scheme maps, and a new Special Use Zone schedule (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.2).
Analysis
Strategic Function of the Amendment
The amendment is a land-use protection instrument for a specialised equine precinct, not a general growth-area rezoning (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.3). The core problem identified by Council was that the existing Farming Zone schedule was intended to support small-lot subdivision and housing associated with horse stabling, but had been used to produce rural residential outcomes that were not connected to the racing industry (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, pp.3-4). The explanatory report estimates that more than half of the new dwellings around the course were unrelated to the racing industry (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.3).
The mechanism is therefore a shift from permissive association to enforceable dependency (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, pp.5-6). Before the amendment, dwellings could emerge in a pattern that resembled rural living even though the policy intent was horse stabling and training (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.4). After the amendment, the dwelling and subdivision controls are structured so that residential occupation must be tied to horse stables, horse training, trainer status, servicing capacity, and a section 173 agreement (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, pp.5-6).
Zoning and Ordinance Changes
The amendment changed Planning Scheme Map Nos. 5, 6 and 7 (Source: web-research-L1-dowling-forest-c149-instruction-sheet-dtp.pdf, p.1). It replaced Clause 21.04, amended subclauses 21.04-11 and 21.04-13, replaced Clause 21.09 with changes to subclause 21.09-1, replaced Clause 21.10, replaced the schedule to Clause 35.07 Farming Zone, and inserted Schedule 13 to Clause 37.01 Special Use Zone (Source: web-research-L1-dowling-forest-c149-instruction-sheet-dtp.pdf, p.1).
The new policy text identifies Dowling Forest Racecourse as a 250 hectare site and describes it as the base of the thoroughbred horse racing industry in Ballarat (Source: web-research-L1-dowling-forest-c149-list-of-changes-dtp.pdf, p.1). It records that, by number of starters produced, Dowling Forest was the sixth largest thoroughbred training centre in Victoria and the third largest regional thoroughbred training centre (Source: web-research-L1-dowling-forest-c149-list-of-changes-dtp.pdf, p.1). The policy then states that Council identified an area around the racecourse for a thoroughbred horse training precinct and that the primary purpose of that land is training thoroughbred racehorses (Source: web-research-L1-dowling-forest-c149-list-of-changes-dtp.pdf, p.1).
The Farming Zone schedule was updated by altering land descriptions for minimum subdivision and dwelling areas and replacing two maps with one map showing Area A and Area B (Source: web-research-L1-dowling-forest-c149-list-of-changes-dtp.pdf, p.7). The Special Use Zone Schedule 13 was inserted for land adjacent to Dowling Forest Racecourse and is described as applying to thoroughbred horse training facilities (Source: web-research-L1-dowling-forest-c149-list-of-changes-dtp.pdf, p.7).
Dwelling and Subdivision Controls
The amendment uses the dwelling control as the main test of whether land is being used for the intended precinct purpose (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, pp.5-6). The explanatory report states that a dwelling permit is required in all cases and may only be granted where the dwelling is in conjunction with horse stables and horse training (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.5). It also requires the owner or occupier to be a licensed horse trainer under the Australian Rules of Racing or an employee of a horse trainer, and it limits land to one dwelling on a lot (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, pp.5-6).
The subdivision control similarly ties lot creation to the establishment of racing-related facilities (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.6). A permit is required to subdivide land, and a permit may only be granted where the racetrack and training facilities have been constructed on the site and each lot is at least 2 hectares (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.6). The 2 hectare figure is also described as the minimum allotment size recommended by Council’s Environmental Health Unit for on-site effluent disposal capability (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.4).
The section 173 agreement is the enforcement bridge between planning approval and ongoing occupation (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.6). The explanatory report says the agreement must require that the land containing the dwelling be used for horse training and horse stables, and that the dwelling may be used only if it is in conjunction with those uses and occupied by a trainer or trainer employee, including their domestic partners and dependants (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.6).
Servicing and Environmental Constraints
The amendment treats wastewater servicing as a binding constraint on dwelling and subdivision outcomes (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.4). The explanatory report identifies on-site effluent disposal capability as the most significant environmental constraint to subdivision and dwellings in the precinct (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.4). A dwelling must be able to connect to reticulated sewerage or treat and retain wastewater on-site in accordance with the State Environment Protection Policy (Waters of Victoria) (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.6).
The dwelling test also requires connection to reticulated potable water or an alternative potable water supply with storage for domestic and firefighting use (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.6). It also requires connection to reticulated electricity or an alternative energy source (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.6). These requirements mean the amendment does not merely reserve land for horse training; it conditions occupation on basic servicing capability (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.6).
Movement, Access and Precinct Operation
The Master Plan initiatives listed in the explanatory report include possible tunnels beneath Kennedy Road and Midas Road to provide access to the track from properties west and south of Dowling Forest, subject to demand (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.1). Other listed precinct initiatives include additional day yards as required, a veterinary clinic extension area, greywater storage for capture and reuse on the course, trainer amenity facilities, a training tower, an electronic timing system, and access rights from Branchline Court to the racecourse (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.1).
The planning scheme changes include an implementation action for Council to facilitate discussions between the Ballarat Turf Club, VicRoads and surrounding landowners about an access plan for safe movement of horses to and from the racecourse from training properties (Source: web-research-L1-dowling-forest-c149-list-of-changes-dtp.pdf, p.5). This is important because the land-use control depends on practical connection between private training properties and racecourse facilities (Source: web-research-L1-dowling-forest-c149-list-of-changes-dtp.pdf, p.5).
Policy Fit and Planning Scheme Architecture
The explanatory report argues that the Special Use Zone is the best-fit zone because it can state precinct-specific purposes, require a permit for every dwelling, require dwellings to be in conjunction with horse training, set minimum lot sizes, prevent variations to those lot sizes, and include decision guidelines about whether a dwelling is reasonably required for the associated use (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.5). It also notes that a Special Use Zone already applied to the Ballarat racecourse, so the new schedule on surrounding land creates a statutory relationship between the racecourse and the training properties (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.5).
The amendment also changed the Municipal Strategic Statement to discourage urban or rural residential outcomes around Dowling Forest Racecourse that are inconsistent with the thoroughbred horse racing and training industry (Source: web-research-L1-dowling-forest-c149-list-of-changes-dtp.pdf, p.2). It added a further strategic-work item requiring review of the operation of Special Use Zone Schedule 13 in conjunction with the Ballarat Turf Club, Racing Victoria Ltd and Country Racing Victoria (Source: web-research-L1-dowling-forest-c149-list-of-changes-dtp.pdf, p.7).
Current Status
The list of amendments records Amendment C149 as in operation from 6 December 2012 (Source: web-research-L1-dowling-forest-c149-list-of-changes-dtp.pdf, p.8). The same entry says the amendment rezoned land adjacent to Dowling Forest Racecourse to Special Use Zone Schedule 13, amended Clauses 21.09 and 21.10, and amended the Farming Zone schedule to implement the Dowling Forest Precinct Master Plan and Implementation of Dowling Forest Precinct Master Plan (Source: web-research-L1-dowling-forest-c149-list-of-changes-dtp.pdf, p.8).
Dependencies
- Blocks: The amendment blocks rural residential-style outcomes on identified land around Dowling Forest Racecourse by making accommodation ancillary to thoroughbred horse training rather than a stand-alone residential purpose (Source: web-research-L1-dowling-forest-c149-list-of-changes-dtp.pdf, pp.1-2).
- Blocked by: Individual dwellings and subdivisions remain constrained by horse-training use tests, section 173 agreement requirements, minimum 2 hectare lot size, wastewater capability, potable water supply, firefighting storage and electricity supply (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, pp.5-6).
- Informed by: The amendment is informed by the Dowling Forest Precinct Master Plan, February 2011, and the Implementation of the Dowling Forest Precinct Master Plan, April 2011 (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, p.1).
- Implements: The amendment implements new local policy support for the thoroughbred racing industry and statutory controls through the Farming Zone schedule and Special Use Zone Schedule 13 (Source: web-research-L1-dowling-forest-c149-instruction-sheet-dtp.pdf, p.1).
- Conflicts with: The amendment responds to conflict between the intended horse-training role of the precinct and the observed emergence of rural residential dwellings unrelated to racing (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, pp.3-4).
Cross-Jurisdictional Links
The source documents identify VicRoads as a party for access-plan discussions with Ballarat Turf Club and surrounding landowners (Source: web-research-L1-dowling-forest-c149-list-of-changes-dtp.pdf, p.5). The source documents also identify Racing Victoria Ltd and Country Racing Victoria as parties for review of the operation of Special Use Zone Schedule 13 (Source: web-research-L1-dowling-forest-c149-list-of-changes-dtp.pdf, p.7). No adjacent-council infrastructure dependency is identified in the supplied source documents (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf; Source: web-research-L1-dowling-forest-c149-list-of-changes-dtp.pdf).
Gaps in This Analysis
The source set is thin for a major precinct amendment because it does not include the full Dowling Forest Precinct Master Plan, the full Implementation Report, the final zoning map, the full text of Special Use Zone Schedule 13, the full revised Farming Zone schedule, officer reports, submissions, panel material, or gazettal notice (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, pp.1-2; Source: web-research-L1-dowling-forest-c149-instruction-sheet-dtp.pdf, p.1). Because those documents are missing, this page can explain the statutory mechanism and policy intent but cannot quantify the total rezoned land area, the number of affected lots, the location and area of Area A and Area B, the number of submissions, or the final mapped extent of Special Use Zone Schedule 13 (Source: web-research-L1-dowling-forest-c149-list-of-changes-dtp.pdf, pp.7-8). A corpus gap should be recorded in _gaps for the Master Plan, Implementation Report, amendment map and final schedule package because these documents are necessary to test the spatial and operational effects of Amendment C149 (Source: web-research-L1-dowling-forest-c149-explanatory-report-dtp.pdf, pp.1-2).