title: “Amendment C185 — Central Victoria Livestock Exchange (CVLX)” council: ballarat state: vic category: amendment classification: MAJOR status: approved last_compiled: 2026-04-14 source_docs:
- c185-panel-report-ballarat.txt
- c185-cvlx-development-plan_part1.txt
- c185-cvlx-development-plan_part2.txt
- c185-evidence-applicant-statement_of_town_planning_evidence_prepared_by_stuart_mcgurn.txt
- c185-evidence-applicant-cvlx_development_and_operational_overview.txt
- c185-evidence-applicant-cvlx_hoxley_statement_final.txt
- c185-evidence-applicant-air_quality_planning_panel_expert_witness_statement.txt
- c185-evidence-applicant-expert_witness_statement_-_matthew_lee.txt
- c185-evidence-applicant-statement_to_planning_panels_victoria_by_traffic_engineer.txt
- c185-evidence-applicant-report_-_steve_schutt_landscape_architect_hansen_partner.txt
- c185-evidence-applicant-biosis_-_flora_and_fauna.txt
- c185-evidence-applicant-revised_water_cycle_management_report.txt
- c185-evidence-applicant-report_on_biohazard_risks.txt
- c185-evidence-applicant-contingency_effluent_disposal_report_june_2015.txt
- c185-evidence-applicant-surface_water_management.txt
- c185-evidence-applicant-desktop_soil_and_wastewater_irrigation_suitability_report.txt
- c185-evidence-council-amendment_c185_panel_statement_andrew_rodda.txt
- c185-evidence-chw-charles_mellish.txt
- c185-evidence-chw-dean_lanyon.txt
- c185-evidence-kevin-amendment_c185_expert_evidence.txt
- c185-evidence-kevin-d_colbert_expert_evidence_statement.txt
- c185-newsletter-aug-2014.txt
- c185-newsletter-dec-2014.txt
- c185-newsletter-feb-2015.txt
- c185-newsletter-mar-2015.txt
- c185-newsletter-may-2015.txt
- c185-newsletter-sep-2015.txt
- c185-newsletter-jan-2016.txt
- c185-saleyards_indicative_concept_plan.txt
- c185-initial_summary_response_to_the_dp_requirements_of_the_exhibited_version_suz15_exhibition.txt
- expert-evidence-cvlx_panel_hearing_water_conclave_outcome_final.txt
- la-trobe-street-saleyards-precinct-fact-sheet.txt
- c185-evidence-applicant-report_on_biohazard_risks.txt
- c185-evidence-applicant-report_on_biohazard_issues_cover_letter.txt
- c185-evidence-applicant-desktop_soil_and_wastewater_irrigation_suitability_report.txt
- c185-evidence-applicant-expert_witness_ja_20150612.txt
- c185-evidence-council-attachment_2.txt
- c185-evidence-council-attachment_3.txt
- c185-evidence-council-attachment_4.txt
- c185-evidence-kevin-amendment_c185_expert_evidence.txt
- c185-evidence-kevin-d_colbert_expert_evidence_statement.txt
Amendment C185 — Central Victoria Livestock Exchange (CVLX)
Amendment C185 is the most extensively documented planning scheme amendment in the Ballarat corpus — 39 extracted source documents spanning the panel report, 18 expert witness statements, 7 community newsletters, development plans, and operational evidence. The amendment rezoned 45 hectares of Farming Zone land on the Sunraysia Highway to Special Use Zone Schedule 15 (SUZ15) to facilitate the relocation of the Central Victorian Livestock Exchange from its constrained 12.3-hectare site in central Ballarat (Delacombe) to a purpose-built facility approximately 1 km south-west of Miners Rest. The Panel found “no credible reasons why this project should not proceed” — but the process exposed deep fractures between a community convinced it was being harmed and a technical record that consistently showed otherwise. The amendment was gazetted on 20 January 2016. (Source: c185-panel-report-ballarat.txt; c185-newsletter-jan-2016.txt)
Background
A Decade of Failed Attempts
The relocation of the Ballarat saleyards was one of the longest-running planning sagas in regional Victoria. The existing facility on La Trobe/Learmonth/Winter/Brazenor Streets in Delacombe had been operating since the late 1860s. By 2003, an SKM report concluded the facility was approaching end-of-life, estimating $6.6 million in capital investment would buy only 8 more years of capacity. The site was physically constrained at 12.3 hectares, bisected by a public road (Gillies Street used for stock loading), surrounded by urban development, and failed to meet modern standards for animal welfare, occupational health and safety, waste management, and accreditation. (Source: c185-panel-report-ballarat.txt, pp.4–5)
Amendment C87 — Learmonth (2005–2006). Council’s first attempt targeted a 189-hectare site at Learmonth on the Sunraysia Highway. Amendment C87 was exhibited in October–November 2005, attracting 483 submissions — nearly three times the number C185 would receive. The proposal was a combined saleyard and abattoir. A 10-day panel hearing in March 2006 recommended abandonment. The panel found the Learmonth site was within ESO3 (Water Catchment Areas), that the hydrogeological and hydrological conditions had been “inadequately assessed,” and that the proposal had “little strategic merit.” Council abandoned C87. (Source: c185-panel-report-ballarat.txt, pp.5–7)
Ballarat Saleyards Relocation Committee (2006–2007). Following C87’s failure, Council convened a stakeholder committee including the Ballarat Stock & Station Agents & Associates, the Victorian Farmers Federation, and livestock transporters and buyers. The committee received 23 site nominations through public invitation, shortlisted 6 (including the eventual C185 site), and referred findings to Council. (Source: c185-panel-report-ballarat.txt, pp.7–8)
Coomes Consulting Strategic Analysis (2007). Council engaged Coomes to assess potential sites. The report identified 11 candidate sites, discounted 5 due to flooding or constraints, and concluded that three sites (including the C185 subject site) performed best against strategic criteria. Coomes found the north-western outskirts of Ballarat was “strategically the most appropriate vicinity” for a saleyard. The report was never formally adopted by Council. (Source: c185-panel-report-ballarat.txt, pp.8–9)
Privatisation and Proponent Selection (2007–2010). In October 2007, Council resolved to seek Expressions of Interest for a private operator. Four submissions were received; three proceeded to formal Request for Proposal. RLX Investment Company Pty Ltd was selected as preferred candidate in October 2008. RLX initially proposed a site adjacent to the Western Highway in Windermere (near an existing piggery). The Global Financial Crisis delayed progress until May 2010, when RLX assumed management of the existing facility. By this time, RLX had secured an option on the eventual subject site, which had not been available during the RFP process. (Source: c185-panel-report-ballarat.txt, pp.9–11)
The Subject Site
The site comprises four parcels totalling 45 hectares at the junction of the Sunraysia Highway and Western Highway, approximately 10.5 km north-west of the Ballarat CBD, 4 km from the perimeter of urban Ballarat, and approximately 1.3 km south-west of the Miners Rest township. The land was in the Farming Zone, used for open grazing, with no buildings or structures. Vegetation was highly modified — only 0.1 hectares of remnant Plains Grassy Woodland (EVC) in the central north-east and one isolated remnant tree in the south-east. The site slopes from south-east to north-west with approximately 15 metres of fall. The western boundary is part of a floodplain. The site is in proximity to two Declared Water Supply Catchments and within a Water Supply Protection Area. (Source: c185-evidence-applicant-statement_of_town_planning_evidence_prepared_by_stuart_mcgurn.txt, paras 8–12)
The nearest residential property (80 Victoria Street) was 390 metres from the site boundary, 670 metres from the closest emission source. The Miners Rest subdivision area (Residential 1 Zone) was approximately 770–800 metres from the site boundary, over 1,000 metres from the nearest emission sources. (Source: c185-panel-report-ballarat.txt, Table 2)
Analysis
What Was Proposed: A Modern Regional Livestock Exchange
The proposed facility was designed to accommodate 70,000 cattle and 1.6 million sheep annually, hosting 48 prime cattle sales, 51 sheep sales, and 13 store cattle sales per year. The facility would replace a 50-year-old, uncovered, concrete-and-cobblestone yard with a state-of-the-art operation featuring: (Source: c185-evidence-applicant-cvlx_development_and_operational_overview.txt; c185-panel-report-ballarat.txt, pp.3–4)
| Element | Proposed (sqm) | Exhibited (sqm) |
|---|---|---|
| Roofed sheep yards | 27,125 | 12,840 |
| External sheep yards | 13,081 | 19,800 |
| Total sheep yards | 40,206 | 32,640 |
| Roofed cattle yards | 9,046 | 4,200 |
| External cattle yards | 4,082 | 6,900 |
| Total cattle yards | 13,128 | 11,100 |
(Source: c185-panel-report-ballarat.txt, Table 1)
The shift between exhibition and hearing is significant: roofed area approximately doubled (from 17,040 sqm to 36,171 sqm) while external yard area shrank, improving animal welfare and environmental outcomes but requiring reassessment of noise and odour models. The total facility footprint grew from 43,740 sqm to 53,334 sqm — a 22% increase.
Key infrastructure included:
- Truck wash accommodating 4 trucks simultaneously (24/7 access)
- 3,800 sqm truck parking (40 truck spaces) plus a manoeuvring area
- 249 car spaces in the main car park plus 100 overflow spaces on grass
- 1,400 sqm office and administrative building with amenities and cafeteria
- Maintenance shed and feed store
- Water storage dam capturing 5 ML of irrigation water
- Treatment pond system (first flush, facultative, and aerobic ponds) for on-site water recycling
- 26.6 hectares of irrigated land (21 hectares as resting paddocks) for effluent management via cut-and-carry
- Night lighting and CCTV security
- Specialty loading and unloading ramps
The cattle facility would feature “soft floor” — a recyclable material replacing concrete — eliminating yard washdown and substantially reducing effluent volumes. The sheep facility featured a “flow through” design with covered sweeping (not washing) of yard surfaces. The existing facility consumed over 35 ML of potable water annually and discharged high-nutrient effluent to the sewerage system as trade waste; the new facility would be self-contained for water management. (Source: c185-evidence-applicant-cvlx_development_and_operational_overview.txt, pp.2–4)
The planning mechanism was a rezoning from Farming Zone to Special Use Zone Schedule 15 (SUZ15), with the CVLX Development Plan as an Incorporated Document. Under SUZ15, “saleyard” was a Section 1 (as-of-right) use subject to an approved Development Plan. An abattoir was explicitly prohibited. The amendment was processed concurrently with EPA Works Approval Application No 1001580 — a combined planning and environmental assessment process conducted before a single Panel. (Source: c185-panel-report-ballarat.txt, pp.1–2; c185-evidence-applicant-statement_of_town_planning_evidence_prepared_by_stuart_mcgurn.txt, paras 14–16)
The Panel Hearing Process
Composition and Procedure
The Panel was appointed on 28 April 2015 under delegation from the Minister for Planning, comprising:
- Lester Townsend (Chair) — also appointed as Chair of the Works Approval Conference under section 20B of the Environment Protection Act 1970
- John Hartigan (Member)
- Catherine Wilson (Member)
A Directions Hearing was held on 18 May 2015. The Panel inspected the subject site, the existing Ballarat saleyards, and the Proponent’s comparable Barnawartha North facility near Wodonga (inspected on the evening of 17 June and morning of 18 June 2015). The substantive hearing ran across 10 sitting days: 22, 23, 24, 26, 29, 30 June and 3, 6, 7 July 2015 at the Ballarat Turf Club in Miners Rest, with one day (1 July) at the Robert Clark Centre, Lake Wendouree. The Panel also undertook multiple unaccompanied inspections of the sites and local road network. (Source: c185-panel-report-ballarat.txt, pp.1–2)
Parties and Expert Evidence
The hearing was one of the most technically intensive planning panels in regional Victoria. The parties and their experts were:
RLX Investment Company Pty Ltd (Proponent): Represented by Paul Connor of Counsel and Greg Tobin of Harwood Andrews. Called 12 expert witnesses:
- Stuart McGurn (ERM) — town planning
- Matthew Lee — econom
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Timeline: From Exhibition to Gazettal
The C185 process took approximately 17 months from exhibition to gazettal, passing through every stage of the Victorian planning amendment pathway without a single formal setback:
| Date | Milestone |
|---|---|
| Late August 2014 | RLX lodges formal rezoning application with Council (Source: c185-newsletter-aug-2014.txt; c185-newsletter-dec-2014.txt) |
| 10 December 2014 | Council resolves to seek Ministerial authorisation to exhibit the amendment (Source: c185-newsletter-dec-2014.txt) |
| 12 February – 20 March 2015 | Joint public exhibition of Amendment C185 and EPA Works Approval Application (Service Order 1001580). Two public information sessions held at Ballarat Turf Club, Miners Rest, 3–4 March. (Source: c185-newsletter-feb-2015.txt; c185-newsletter-mar-2015.txt) |
| 20 March 2015 | Exhibition closes; 55 submissions by deadline, 41 late submissions also received by Council (Source: c185-panel-report-ballarat.txt, p.1) |
| 22 April 2015 | Council resolves to refer all unresolved submissions to an independent Planning Panel; resolves that the Development Plan must be completed to the satisfaction of Council and referral authorities including VicRoads, Central Highlands Water and Southern Rural Water. A further 88 submissions are received after this meeting (184 total). (Source: c185-newsletter-may-2015.txt; c185-panel-report-ballarat.txt, p.1) |
| 28 April 2015 | Panel appointed under delegation from the Minister for Planning: Lester Townsend (Chair), John Hartigan, Catherine Wilson (Source: c185-panel-report-ballarat.txt, p.1) |
| 18 May 2015 | Directions Hearing (Source: c185-panel-report-ballarat.txt, p.1) |
| 12 June 2015 | Expert witness statements filed by Proponent (12 experts) and Council (Source: c185-evidence-applicant-statements_letter.txt; c185-evidence-council-statements_email_letter.txt) |
| 19 June 2015 | Water experts conclave — all five water experts reach unanimous agreement, no matters of disagreement remaining (Source: expert-evidence-cvlx_panel_hearing_water_conclave_outcome_final.txt) |
| 17–18 June 2015 | Panel inspects Barnawartha North facility (Northern Victoria Livestock Exchange) operated by the same proponent (Source: c185-panel-report-ballarat.txt, p.2) |
| 22 June – 7 July 2015 | Substantive hearing — 10 sitting days at the Ballarat Turf Club and Robert Clark Centre. 12 expert witnesses for the Proponent, 2 for Council, 2 for Central Highlands Water, 2 for Clark Developments; EPA, VicRoads, and 17 individual submitters also appeared. (Source: c185-panel-report-ballarat.txt, pp.1–2, Appendix B) |
| Early September 2015 | Panel delivers report to Council and EPA. Recommends adoption with conditions. (Source: c185-newsletter-sep-2015.txt) |
| 12–14 October 2015 | Council considers Panel report across three sitting days; resolves to adopt Amendment C185 in accordance with Panel recommendations and lodges adoption documentation with the Minister for Planning (Source: c185-newsletter-jan-2016.txt) |
| 20 January 2016 | Minister for Planning (Richard Wynne) approves amendment; gazetted in Victorian Government Gazette. A VCAT appeal (lodged during the process) is withdrawn upon gazettal. (Source: c185-newsletter-jan-2016.txt) |
Total elapsed time: 17 months (August 2014 application to January 2016 gazettal). The process ran close to the original timeline estimated in the first Council newsletter (August 2014), which predicted completion by “mid–late 2015.” The only slippage was the Minister’s approval extending into January 2016 rather than late 2015. This is unusually efficient for an amendment of this scale and controversy.
Cost of the process: Council’s legal costs for the Panel hearing alone were 125,000 (excluding officer time). The Proponent incurred approximately 500,000 for preparation and conduct of the hearing, including approximately $50,000 in Planning Panels Victoria hearing fees. (Source: c185-newsletter-sep-2015.txt)
Conditions and Requirements
SUZ15 Development Plan Requirements
The rezoning did not grant a planning permit — it established the SUZ15 framework under which a Development Plan must be prepared, submitted, and approved before any use or development can commence. SUZ15 imposed a two-tier approval structure: (1) the amendment itself (Ministerial approval); and (2) the subsequent Development Plan (approved by the Responsible Authority — Council — with referral authority sign-off). No further public exhibition or VCAT review rights applied to the Development Plan stage, which was a key source of community anxiety. (Source: c185-initial_summary_response_to_the_dp_requirements_of_the_exhibited_version_suz15_exhibition.txt, §2.2; c185-newsletter-mar-2015.txt)
The Development Plan was required to include the following components, all to the satisfaction of Council and relevant authorities:
- Existing Conditions Plan — boundaries, dimensions, adjoining roads, building heights, ground levels
- Site Layout Plan — all buildings, works, access points, car parking, stockyards, loading ramps, treatment ponds, irrigation areas; must be generally in accordance with the SUZ15 Concept Plan
- Landscaping Master Plan — planting species, timing, management requirements
- Vegetation Management Plan — conservation and offset requirements for remnant native vegetation (0.1 ha of Plains Grassy Woodland EVC); must specify any requirements under Clause 52.17
- Car Parking and Traffic Management Plan — compliance with Clause 52.06; truck routes minimising township impacts; driver induction protocols; access design meeting AustRoads standards
- Flood Investigation and Flood Risk Report — pre- and post-development conditions; submitted to Glenelg Hopkins CMA
- Drainage Report — to the satisfaction of Central Highlands Water, Goulburn Murray Water, and Southern Rural Water
- Stormwater Management Plan — to the satisfaction of Glenelg Hopkins CMA and all three water authorities
- Operations and Environmental Management Plan — covering stocking rates, composting preference, waste management, infection control protocols, noise management, lighting controls
- Cultural Heritage Management Plan — under the Aboriginal Heritage Act 2006
(Source: c185-initial_summary_response_to_the_dp_requirements_of_the_exhibited_version_suz15_exhibition.txt, §3.1–3.8)
Panel-Imposed Conditions
Beyond the exhibited SUZ15 requirements, the Panel added specific conditions:
| Condition | Detail | Rationale |
|---|---|---|
| Ungated 24/7 access | Site access from Sunraysia Highway must remain ungated | Prevent on-road truck parking and queuing |
| Noise assessment basis | Source-to-receptor assessed on Farming Zone criteria (not the SUZ) | More stringent than the proposed zone would require; protects rural receivers |
| PA system controls | Public address system ≤5 dBA above background at any nearby residence; no operation 10 pm–7 am except emergencies | Amenity protection, particularly for overnight livestock holding events |
| Composting preference | Solid waste to be composted on-site in preference to licensed landfill disposal | Sustainability and odour management |
| Facultative pond sediment | Immediate off-site removal when ponds are cleaned; no on-site stockpiling | Prevent secondary odour source |
| Waste contingency | Development Plan must include contingency provisions for increased waste collection or enclosure with biofilters if waste management proves inadequate | Adaptive management mechanism |
| Odour modelling | To be redone in consultation with EPA before Works Approval is issued; 1 odour unit criterion at boundary facing sensitive uses, relaxed at Western Highway interface | Distinguish between residential and non-residential interfaces |
| Flood Overlay exemption | Site to be exempted from any future Flood Overlay | Prevent regulatory inconsistency given site-specific flood assessment |
| Concept plan update | SUZ15 general layout plan to be updated to reflect hearing evidence | Align the Incorporated Document with the revised (larger, more roofed) facility design |
(Source: c185-panel-report-ballarat.txt, Panel Recommendations)
Concurrent EPA Approval
The EPA Works Approval Application (No 1001580) was processed jointly with C185, but the EPA’s independent determination was sequential — it could only be granted after the Minister approved the amendment. The Wo
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Precedent Value: Rural-Interface Land Use Conflict
Amendment C185 is one of the most significant Victorian precedents for agricultural infrastructure siting in proximity to township growth areas. Its precedent value operates at several levels:
1. Saleyard Siting Principles
The Panel explicitly adopted and extended the principles established in Margery & Anor v Wodonga CC [2012] VCAT 787 (the Barnawartha North saleyard), finding that saleyards are legitimate rural infrastructure that can be located in the Farming Zone near townships, provided technical standards are met. The Panel stated: “It would be surprising if state and regional policy did not support saleyards in rural area where off-site impacts were acceptable.” This confirms that agricultural infrastructure need not be pushed to remote locations merely because of community opposition — the test is whether the impacts can be managed to acceptable levels, not whether the proposal is popular.
2. Social Impact Assessment Thresholds
The Panel set a clear threshold for when a formal Social Impact Assessment should be required: only where there is “some prima facie reason for thinking that there could be a social impact that would benefit from a more detailed exploration.” It rejected the proposition that any proposal generating community anxiety warrants a formal SIA, drawing a firm distinction between social impacts (changes to how a community functions) and community opposition (not wanting something to happen). This principle — “fear of change is not a social impact; nor is distrust of the Council or the approval process” — has direct applicability to any amenity-sensitive proposal in a growth area.
3. Weight of Community Opposition
The Panel’s citation of the Victorian Supreme Court in Nicholson (1988) — that perceptions must be assessed for reasonableness, and unreasonable perceptions need not be given weight — provides a clear framework for evaluating the hundreds of community submissions that routinely accompany contentious amendments. The Panel’s detailed documentation of the information gap (community members believing in 20% property devaluation, abattoir fears, flood myths) demonstrates that volume of opposition is not a proxy for the merits of that opposition. Panels and councils must assess whether the concerns reflect reality, not merely count submissions.
4. Buffer Distances and Measurement Methodology
The C185 process clarified that EPA separation distances for odour should be measured from the emission source, not from the site boundary. This is significant because site boundaries often include buffer land (resting paddocks, landscaping, car parks) that generates no emissions. The nearest dwelling was 390 metres from the site boundary but 670 metres from the closest emission source — compliant with the 500-metre guideline when correctly measured. This distinction is directly applicable to any proposal where separation distances are contested.
5. Alternative Sites and the “No Better Option” Fallacy
Following both the C87 panel and VCAT in Margery, the Panel confirmed that its role was not to identify alternative locations or to assess whether a better site might exist, but to assess whether the subject site was suitable. The proponent demonstrated the site emerged from a systematic multi-year search (23 sites → 6 shortlisted → 3 preferred → 1 selected), but the Panel did not require this — it was relevant background, not a precondition. This principle prevents objectors from indefinitely delaying proposals by arguing that alternative sites have not been adequately considered.
6. Speculative Growth Foreclosure
The Panel’s rejection of the Clark Developments argument — that the amendment would foreclose future residential growth south-west of Miners Rest — is the most directly relevant precedent for similar arguments in other growth-area interface conflicts. The Panel found that speculative future development potential on land with no current strategic justification, no imminent rehabilitation, and significant constraints cannot defeat a present proposal with demonstrated need and technical compliance. “We are being asked to reject the saleyards on the basis that there might be development potential to the west of Miners Rest and around the quarry.” This principle applies wherever existing agricultural or industrial uses are challenged by the prospect of future residential encroachment.
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Cross-Reference: Miners Rest and Dowling Forest
The C185 amendment sits at the intersection of three competing land use pressures on the Miners Rest township: the CVLX saleyards to the south-west, the Dowling Forest Equine Precinct to the north, and urban growth from the Ballarat Northern Growth Area to the south-east. Understanding C185 requires understanding these relationships.
Miners Rest Township Plan (2019)
The Miners Rest Township Plan (November 2019) — prepared three years after C185 was gazetted — explicitly identifies the CVLX as one of the key planning pressures on the township. The Plan acknowledges the saleyards as a constraint on south-western expansion while focusing growth management on protecting the township’s “country town” character through NRZ rezoning (750 sqm minimum lot size, 45% maximum building site coverage). The Township Plan confirms the Panel’s 2015 finding that Miners Rest’s growth was directed elsewhere — the township was not identified for major residential expansion in either the Growth Areas Framework Plan or the Residential Framework Plan.
The post-C185 planning trajectory for Miners Rest has in fact vindicated the Panel’s analysis: rather than being “foreclosed” by the saleyards, the township’s growth constraints are dominated by the Ballarat Airport noise and safeguarding zone, Burrumbeet Creek flooding, and the Dowling Forest Equine Precinct buffer — all of which existed independently of C185.
Dowling Forest Equine Precinct
The Dowling Forest Equine Precinct, located on the northern edge of Miners Rest, provides a direct parallel to C185 in its treatment of rural-interface land use conflict. Like C185, the Dowling Forest controls (originally introduced via Amendment C149 under SUZ13) used the Special Use Zone to protect a single-purpose agricultural/racing use from encroaching sensitive uses. The 2020 Spiirem review found the SUZ13 had failed — overly restrictive controls depressed property values, prevented sales and financing, and achieved no uptake of land by trainers — leading to a recommended relaxation via new SUZ17/18/19 schedules (implemented via Amendment C220ball).
Key parallels with C185:
- Both used Special Use Zones to facilitate specific rural activities (livestock exchange / equine precinct) near a growing township
- Both generated community concern about amenity impacts and property values
- Both established buffer zones that constrained future residential expansion
- Both demonstrate that the SUZ is only as effective as its design: C185’s SUZ15 (fit-for-purpose, with clear development plan requirements) succeeded where Dowling Forest’s original SUZ13 (imported from Cardinia without local adaptation) failed
Key contrast: C185’s buffer works in one direction — preventing sensitive uses from encroaching on the saleyards. Dowling Forest’s buffer works in both — protecting the racecourse from residential encroachment and protecting residents from equine-related amenity impacts. The Dowling Forest review’s finding that overly restrictive controls can harm the very landowners they are supposed to protect is a cautionary tale for any SUZ design.
Growth Foreclosure Revisited
The three-way squeeze on Miners Rest — CVLX to the south-west, Dowling Forest to the north, Airport to the south-east — means the township’s expansion options are genuinely constrained. However, the 2019 Township Plan and the Northern Growth Area PSP (in preparation) treat this as a managed outcome rather than a planning failure. Miners Rest is positioned as a character township with limited growth, not a suburban expansion front. The C185 Panel’s 2015 conclusion — that there was no strategic basis for south-western residential expansion — has been borne out by subsequent strategic planning, which has directed growth to the Northern Growth Area PSP land south-east of the township rather than into the CVLX or Dowling Forest buffer zones.
Current Status
Approved and operational. The CVLX is constructed and operating on the site. The former saleyards land in Delacombe (La Trobe Street) is identified as a future urban renewal precinct — see la-trobe-street-saleyards-precinct fact sheet. (Source: la-trobe-street-saleyards-precinct-fact-sheet.txt)
Dependencies
- Blocks: Redevelopment of the La Trobe Street saleyards site in Delacombe — the old site could not be repurposed until the CVLX was operational
- Blocked by: EPA Works Approval (concurrent process); Development Plan approval by Council and multiple referral authorities; Central Highlands Water, Goulburn Murray Water, Southern Rural Water, and Glenelg Hopkins CMA sign-off on drainage and stormwater plans
- Informed by: 2003 SKM infrastructure master plan; 2006 C87 Panel Report; 2007 Coomes Consulting strategic analysis; 2007 Miners Rest ODP; C127 Panel Report (Miners Rest ODP amendment); Burrumbeet Flood Investigation; VCAT decision in Margery & Anor v Wodonga CC [2012] VCAT 787 (Barnawartha saleyard precedent)
- Implements: Clause 17 (Economic Development); Clause 11.05-4 (Regional Planning); Central Highlands Regional Growth Plan (Ballarat as regional centre); Clause 21.04-8 (agricultural value-adding industries); ballarat-industrial-strategy (C138, industrial land south of Western Highway)
- Conflicts with: Aspirations for south-western residential expansion of Miners Rest (1994 ODP, long since overtaken); Clark Developments quarry redevelopment aspirations (speculative)
Cross-Jurisdictional Links
- Central Highlands Water: Key referral authority. Strong preference for on-site wastewater treatment to avoid load on Ballarat North Reclamation Plant. Expressed concern about Cardigan Groundwater Management Area. (Source: c185-panel-report-ballarat.txt, pp.85–95)
- Goulburn Murray Water / Southern Rural Water: Required sign-off on Drainage Report and Stormwater Management Plan alongside Central Highlands Water. (Source: c185-panel-report-ballarat.txt, p.iii)
- Glenelg Hopkins CMA: Floodplain management authority; required sign-off on stormwater design and access roadway interaction with flood levels. (Source: c185-panel-report-ballarat.txt, pp.97–103)
- EPA Victoria: Concurrent Works Approval (No 1001580). Disagreed with Panel on wastewater approach (preferred off-site treatment; Panel preferred on-site). Responsible for ongoing licence conditions. (Source: c185-panel-report-ballarat.txt, pp.85–95)
- VicRoads: Arterial road authority. Disputed with Proponent on nexus for mitigation works. Intersection improvements on Sunraysia Highway and B-double route infrastructure. (Source: c185-panel-report-ballarat.txt, pp.43–53)
- Pyrenees Shire (#181): Submitted (likely in support, as a neighbouring municipality benefiting from the regional facility).
- Barnawartha North precedent: The Proponent (RLX) also built and operated the Northern Victoria Livestock Exchange. The VCAT decision in Margery [2012] VCAT 787 was cited extensively by the Panel for saleyard siting principles in Farming Zones. The Panel inspected the Barnawartha facility during the hearing.
Gaps in This Analysis
- Post-approval EPA licence conditions and compliance monitoring — not in the corpus. The Works Approval and ongoing licence impose operational limits that may have been modified since approval.
- La Trobe Street saleyards site redevelopment — only a precinct fact sheet is available. Any master plan, rezoning amendment, or development proposals for this 12.3-hectare urban renewal site are not in the corpus. This is a significant gap given the site’s strategic location adjacent to Victoria Park and the Ballarat West Growth Area.
- Operational performance data — no post-construction monitoring reports for noise, odour, wastewater, or traffic are in the corpus. Whether the facility meets the Panel’s predicted performance would validate or challenge the technical assessments.
- Clark Developments quarry rehabilitation status — the rehabilitation and any subsequent redevelopment proposals are not tracked in the corpus.
- Community sentiment post-construction — the Panel predicted that the community would “only be able to form an accurate view of what is proposed when it is actually constructed.” Whether this proved correct is not documented.
Size Contract Note
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