Grange Planning Brain

title: Amendment C178 - Burrumbeet Flood Controls council: ballarat state: vic category: amendment classification: MAJOR status: approved last_compiled: 2026-05-31 source_docs:

  • expert-evidence-burrumbeet-flood-study-proposed-overlays-on-zone-map.txt
  • expert-evidence-burrumbeet_flood_study___proposed_overlays_on_zone_map.txt
  • web-research-L1-burrumbeet-c178-approval-gazette-vicgov.txt
  • web-research-L1-burrumbeet-c178-controls-the-courier.txt
  • web-research-L1-burrumbeet-c178-exhibition-gazette-reglii.txt
  • web-research-L1-burrumbeet-c178-explanatory-report-dtp.txt
  • web-research-L1-burrumbeet-c178-gazette-notice-reglii.txt
  • web-research-L1-burrumbeet-c178-incorporated-document-dtp.txt
  • web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt
  • web-research-L1-burrumbeet-c178-map02-planning-schemes.txt
  • web-research-L1-burrumbeet-c178-map07-planning-schemes.txt
  • web-research-L1-flood-c178-explanatory-report-dtp.txt
  • web-research-L1-flood-c178-panel-report-google-books.txt

Amendment C178 - Burrumbeet Flood Controls

Amendment C178 converted the 2013 Burrumbeet Flood Investigation into statutory planning controls by applying Floodway Overlay and Land Subject to Inundation Overlay mapping across flood-affected land in the Burrumbeet Creek Catchment. (Source: web-research-L1-burrumbeet-c178-approval-gazette-vicgov.txt) Its planning effect is not to fund flood works, but to change the permission system for future buildings, works and subdivision so flood hazard is tested before intensification occurs. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.1)

The amendment matters because the catchment contains existing urban and rural settlement areas including Invermay, Mt Rowan, Mitchell Park, Miners Rest, Learmonth, Windermere and Cardigan Village. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.1) The control is therefore a broad risk-management layer over existing communities and future land-use decisions, rather than a site-specific response to one development proposal. (Source: web-research-L1-burrumbeet-c178-explanatory-report-dtp.txt)

Background

The amendment was prepared by City of Ballarat as the planning authority and was prepared at the request of the City of Ballarat and the Glenelg Hopkins Catchment Management Authority. (Source: web-research-L1-burrumbeet-c178-explanatory-report-dtp.txt) The land affected by the amendment was land in the Burrumbeet Creek Catchment affected by floodwater during a 1 in 100 year average recurrence interval flood event, as identified in the Burrumbeet Flood Investigation prepared by Water Technology Pty Ltd in December 2013. (Source: web-research-L1-burrumbeet-c178-explanatory-report-dtp.txt)

The amendment was exhibited with submissions closing on Friday 18 December 2015. (Source: web-research-L1-burrumbeet-c178-exhibition-gazette-reglii.txt) The exhibited documentation anticipated a directions hearing in the week commencing 7 March 2016 and a panel hearing in the week commencing 11 April 2016. (Source: web-research-L1-burrumbeet-c178-explanatory-report-dtp.txt) A bibliographic record identifies the Planning Panels Victoria report as a 2016, 66 page panel report by Chris Harty and Greg Sharpley for Ballarat Planning Scheme Amendment C178 Burrumbeet Creek Flood Overlays. (Source: web-research-L1-flood-c178-panel-report-google-books.txt)

The Minister for Planning approved Amendment C178, and the amendment came into operation on publication of the approval notice in the Victoria Government Gazette on 6 July 2017. (Source: web-research-L1-burrumbeet-c178-approval-gazette-vicgov.txt) The approval notice states that the amendment applied LSIO and FO controls to properties in the Burrumbeet Creek Catchment, introduced the Burrumbeet Creek Local Floodplain Development Plan 2015 Incorporated Document, and revised Clause 21.04 Environmental Resilience in the Municipal Strategic Statement to address flooding risks. (Source: web-research-L1-burrumbeet-c178-approval-gazette-vicgov.txt)

Analysis

Statutory Mechanism

Amendment C178 used four connected statutory levers: new overlay maps, deletion of superseded flood maps, amendment of flood-related schedules and policy, and incorporation of a local floodplain development plan. (Source: web-research-L1-burrumbeet-c178-explanatory-report-dtp.txt) The amendment inserted fifteen new overlay maps: 1LSIO-FO, 2LSIO-FO, 3LSIO-FO, 4LSIO-FO, 5LSIO-FO, 6LSIO-FO, 7LSIO-FO, 8LSIO-FO, 10LSIO-FO, 11LSIO-FO, 12LSIO-FO, 13LSIO-FO, 16FO, 17LSIO-FO and 18LSIO-FO. (Source: web-research-L1-burrumbeet-c178-explanatory-report-dtp.txt) It deleted overlay maps 13LSIO, 13RFO and 18RFO. (Source: web-research-L1-burrumbeet-c178-explanatory-report-dtp.txt)

The mechanism is simple: the mapped flood extent becomes a planning permit trigger, and the incorporated document supplies the performance criteria used to judge whether a proposal can proceed. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.1) In practical terms, land inside the FO or LSIO is not automatically sterilised, but applications for buildings, works or subdivision must demonstrate compliance with flood-risk criteria before approval. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.1)

The distinction between FO and LSIO is the core design choice. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.2) The FO identifies floodway land needed for flood conveyance and storage, where deeper and faster water can be expected and buildings or structures materially increase risk to life and community wellbeing. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.2) The LSIO identifies lower hazard floodplain fringe land where flooding is generally shallower and slower moving than in the FO. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.2)

Flood Evidence and Risk Profile

The flood control package is based on the 2013 Burrumbeet Creek Flood Investigations Project completed by Water Technology. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.2) That project followed the 2003 Floodplain Management Plan for Lake Burrumbeet and Burrumbeet Creek Catchment prepared by Lawson and Treloar. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.2) The incorporated plan identifies six 2013 Water Technology component reports: Data Review, Methodology Outline, Flood Warning Report, Hydrology and Hydraulics, Mitigation Options Report and Summary Study Report. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.7)

The flood history evidence shows the catchment had no recorded rare or extreme flood event before the plan, but it had recorded and anecdotal flooding including downstream of Lake Learmonth in 1993, Miners Rest in 1997 and 2000, and events in August 2010, September 2010 and January 2011. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.2) The January 2011 flood was assessed as approximately a 1 in 60 year ARI event and the largest recorded flood event for the area. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.2) The September 2010 flood was assessed as approximately a 1 in 15 year ARI event. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.2)

The consequence evidence is material. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.2) A 1 in 100 year ARI event under 2013 climate, catchment and development conditions was estimated to have potential damage costs of about $3 million, including building damage, road damage, emergency response, alternative accommodation and business disruption. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.2) The January 2011 flood affected about 19 residential properties, caused over-floor flooding to at least 9 dwellings, and cut roads for 12 hours or more in several locations. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.2) The 2013 investigation identified 36 dwellings subject to over-floor flooding in a 100 year ARI event, with another 23 dwellings having floors above but within 100 mm of the 100 year ARI flood level. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.2)

Development Assessment Consequences

The most direct planning consequence is that affected land must be assessed against defined flood thresholds before subdivision or construction intensifies exposure. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.3) A permit application must generally include site boundaries, slope, existing and proposed buildings and works, scaled elevations, Australian Height Datum survey levels, road and driveway levels, subdivision layout, alternative siting analysis, and flood-damage reduction measures. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.3) Applications involving fencing must explain consistency with flood-prone fencing guidelines or demonstrate that flood flows will not be significantly obstructed. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.3) Applications involving cut and fill must show floodplain storage volume balance and comply with floodplain cut and fill guidance. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.3)

For subdivision, the controls discourage creation of new lots wholly within FO or LSIO areas unless each new lot contains an existing dwelling or has an adequate building envelope. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.4) The building envelope test is quantitative: the 100 year ARI flood depth at the envelope must be 300 mm or less, access must not traverse land deeper than 300 mm in the 100 year ARI event, and the envelope and access must not be subject to a depth-times-velocity product above 0.4 square metres per second. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.4)

For new or replacement buildings, the mandatory floor-level control is a minimum finished floor level 300 mm above the 100 year ARI flood level for dwellings. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.4) New commercial or industrial buildings must also be 300 mm above the 100 year ARI flood level unless a lower level is accepted in written advice from the Floodplain Management Authority. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.4) The plan also seeks siting on the highest available natural ground, access avoiding depths above 300 mm, building alignment parallel to flood flow, water-resistant materials up to the nominal flood protection level, and subfloor openings that allow water entry and exit. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, pp.4-5)

The control package also affects rural and utility-type activities. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, pp.5-6) Fences must minimise obstruction and debris trapping. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.5) Earthworks must not reduce floodplain storage and conveyance capacity or divert floodwater. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.6) Bulk hazardous chemical storage should be outside the FO, and tanks or containers in the LSIO should be fixed to engineered structures and raised at least 1 metre above the 100 year ARI flood level. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.6) Water tanks greater than 4500 litres in the FO should be raised at least 300 mm above the 100 year ARI flood level to reduce flotation and downstream obstruction risk. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.6)

Road Access and Emergency Management

The amendment has transport and emergency-management implications even though the explanatory report states that it would not have a significant impact on the transport system for the purposes of the Transport Integration Act 2010. (Source: web-research-L1-burrumbeet-c178-explanatory-report-dtp.txt) The incorporated plan identifies multiple roads subject to inundation in 10 year ARI and larger floods: Slatey Creek Road North, Rose Hill Road, Frasers Road, Midland Highway, Gillies Road, Cummins Road, Creek Street, Hamlin Street, Albert Street, Howe Street, Miners Rest Road and Glenanes Road. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.2)

This creates a planning mechanism beyond individual floor levels. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.6) The decision guidelines direct the responsible authority to consider whether subdivision could intensify development on land that is not itself flood-prone but becomes isolated from flood refuge facilities or emergency services by flooded roads. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.6) That means access and egress can become a limiting factor even where a building envelope sits outside the highest hazard land. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.6)

Spatial Extent and Mapping

The incorporated plan applies upstream of Lake Burrumbeet to LSIO and FO land shown on planning scheme maps 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 16, 17 and 18. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.1) The map extract titled Burrumbete Flood Study Proposed Overlays near Miners Rest shows proposed FO and LSIO mapping near Miners Rest. (Source: expert-evidence-burrumbeet-flood-study-proposed-overlays-on-zone-map.txt) Planning Scheme Map No 2LSIO-FO was printed on 29 June 2017 and shows land subject to inundation and floodway overlay mapping for Amendment C178 at a scale of 1:40,061. (Source: web-research-L1-burrumbeet-c178-map02-planning-schemes.txt) Planning Scheme Map No 7LSIO-FO was printed on 29 June 2017 and shows land subject to inundation and floodway overlay mapping for Amendment C178 at a scale of 1:10,016. (Source: web-research-L1-burrumbeet-c178-map07-planning-schemes.txt)

The available mapping extracts confirm the presence of FO and LSIO mapping, but they do not provide clean parcel-level tabulations or overlay area totals in the extracted text. (Source: web-research-L1-burrumbeet-c178-map02-planning-schemes.txt) This limits quantitative analysis of how many hectares or parcels were moved into each overlay category. (Source: web-research-L1-burrumbeet-c178-map07-planning-schemes.txt)

Community and Process Signals

A local news extract published on 21 March 2017 reported that Ballarat City Council would vote on extending Burrumbeet Creek catchment flood protection controls. (Source: web-research-L1-burrumbeet-c178-controls-the-courier.txt) The same extract identifies the article as a local news item by Fiona Henderson and gives the article description as council consideration of extending flood protection controls. (Source: web-research-L1-burrumbeet-c178-controls-the-courier.txt) The article extract is thin and paywalled, so it cannot be used to quantify objections, support, affected properties, or council debate. (Source: web-research-L1-burrumbeet-c178-controls-the-courier.txt)

The statutory exhibition notice confirms that any affected person could make a submission, but the available source set does not include the submissions, officer response to submissions, council adoption report, or full panel report text. (Source: web-research-L1-burrumbeet-c178-exhibition-gazette-reglii.txt) As a result, the contested-issues record is incomplete even though the amendment proceeded through a panel process. (Source: web-research-L1-flood-c178-panel-report-google-books.txt)

Current Status

Amendment C178 is approved and operative. (Source: web-research-L1-burrumbeet-c178-approval-gazette-vicgov.txt) The operative date is 6 July 2017 because the approval notice states that the amendment came into operation on the date the notice was published in the Government Gazette. (Source: web-research-L1-burrumbeet-c178-approval-gazette-vicgov.txt)

The practical current status is that future permit applications on mapped FO or LSIO land in the Burrumbeet Creek Catchment must be assessed against the incorporated Burrumbeet Creek Local Floodplain Development Plan 2015 unless later planning scheme changes have replaced these controls. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.1) The available source set does not include a current consolidated Ballarat Planning Scheme extract, so this page cannot verify whether subsequent scheme translations or amendments have renumbered or modified the operative clauses. (Source: web-research-L1-burrumbeet-c178-approval-gazette-vicgov.txt)

Dependencies

  • Blocks: The amendment blocks or constrains subdivision patterns that would create new lots wholly within FO or LSIO land without safe building envelopes and safe access. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.4)
  • Blocks: The amendment blocks or constrains new buildings in higher hazard floodway conditions by directing decision-makers to avoid new buildings on FO land and preserve flood conveyance and storage. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, pp.2,6)
  • Blocked by: Administration depends on access to flood levels, AHD survey, hydraulic advice and Floodplain Management Authority referral or written approval for affected applications. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, pp.3-4)
  • Informed by: The amendment is informed by the 2013 Water Technology Burrumbeet Flood Investigation suite and the 2003 Lawson and Treloar Floodplain Management Plan for Lake Burrumbeet and Burrumbeet Creek Catchment. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.7)
  • Implements: The amendment implements Clause 13.02 Floodplains and Clause 14.02 Water by introducing flood protection measures in known flood risk areas. (Source: web-research-L1-burrumbeet-c178-explanatory-report-dtp.txt)
  • Implements: The amendment implements local floodplain management policy by amending Clause 21.04-1 Settlement and Clause 21.06-3 Environment in the Municipal Strategic Statement. (Source: web-research-L1-burrumbeet-c178-explanatory-report-dtp.txt)
  • Conflicts with: No direct policy conflict is identified in the available documents, but the controls create a development-intensity constraint where land is flood-prone or where road access is flood-isolated. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, pp.4,6)

The amendment was prepared with the Glenelg Hopkins Catchment Management Authority, and the explanatory report states that the Corangamite Catchment Management Authority was also consulted in preparation of the amendment documentation. (Source: web-research-L1-burrumbeet-c178-explanatory-report-dtp.txt) This matters because floodplain management authority advice is embedded into the permit pathway through referral requirements and written approval pathways. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.4)

The incorporated plan relies on floodplain management powers and practice notes under Victorian planning and water governance, including the Water Act 1989 assignment of floodplain management authority functions. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.1) It also references statewide and technical documents including the Building Code of Australia flood hazard guidance, flood-prone fencing guidelines, floodplain cut and fill guidelines, and VPP flood practice notes. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.7)

Gaps in This Analysis

The largest analytical gap is the absence of the full 2013 Water Technology report suite. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.7) Without the Data Review, Methodology Outline, Flood Warning Report, Hydrology and Hydraulics Report, Mitigation Options Report and Summary Study Report, this page cannot test model assumptions, map flood depths by sub-area, quantify overlay hectares, or identify mitigation options considered but not implemented. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.7)

The second major gap is the absence of the full Planning Panels Victoria report. (Source: web-research-L1-flood-c178-panel-report-google-books.txt) The available Google Books record confirms a 2016, 66 page panel report, but it does not provide findings, recommendations, submission counts, contested issues or panel reasoning. (Source: web-research-L1-flood-c178-panel-report-google-books.txt)

The third gap is the absence of submissions and council meeting reports. (Source: web-research-L1-burrumbeet-c178-exhibition-gazette-reglii.txt) The exhibition notice confirms submissions were invited until 18 December 2015, but the source set does not show how many submissions were received, what issues were raised, or how council and the panel responded. (Source: web-research-L1-burrumbeet-c178-exhibition-gazette-reglii.txt)

The fourth gap is mapping quantification. (Source: web-research-L1-burrumbeet-c178-map02-planning-schemes.txt) The map extracts show FO and LSIO mapping, but the extracted text does not provide GIS area totals, parcel counts, property addresses or the split between FO and LSIO land. (Source: web-research-L1-burrumbeet-c178-map07-planning-schemes.txt)

These gaps mean the page can explain the statutory mechanism and risk thresholds with confidence, but it cannot provide a parcel-by-parcel burden analysis, a quantified land-area impact, or a full contested-issues history. (Source: web-research-L1-burrumbeet-c178-local-floodplain-development-plan-ghcma.txt, p.7)

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