title: Amendment C225ball - Woodmans Hill Rezoning council: ballarat state: vic category: amendment classification: MAJOR status: adopted last_compiled: 2026-05-31 source_docs:
- web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt
- web-research-L1-woodmans-c225ball-courier-rjina-rjina.txt
- web-research-L1-woodmans-c225ball-gazette-reglii.txt
- web-research-L1-woodmans-c225ball-public-notice-city-ballarat.txt
- web-research-L1-woodmans-c225ball-rezoning-courier-rjina-rjina.txt
Amendment C225ball - Woodmans Hill Rezoning
Amendment C225ball is a site-specific rezoning of approximately 11.9 hectares in Brown Hill from Rural Living Zone to Commercial 2 Zone, affecting four land parcels at the Woodmans Hill Gateway near the Western Highway eastern entrance to Ballarat. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.17) Its planning significance is not the size of the land alone, but the way it converts a highway-edge rural living interface into a controlled commercial gateway precinct tied to the earlier Woodmans Hill Gateway Master Plan 2015. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.20-23)
The amendment was exhibited from 1 July 2021 to 2 August 2021, received 17 submissions, and was recommended for adoption after the single opposing submission was withdrawn following agreement to use a Section 173 Agreement to manage the Orchard Lane interface. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.17-18) The available corpus shows council adoption and submission to the Minister for Planning, but it does not include a later approval notice or gazettal confirming whether the amendment came into operation. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.18)
Background
The amendment was prepared by the City of Ballarat as planning authority and was made at the request of Kaufmann Property Consultants. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.20) The affected land comprises Crown Allotment 21 Section 24, Crown Allotment 20 Section 24, Lot 1 on PS629326M, and Lot 2 on PS629326M in Brown Hill. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.20) The land sits in the Woodmans Hill Gateway area at the eastern entrance of the Western Highway to Ballarat. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.20)
The statutory pathway began with public notice in the Victoria Government Gazette on 1 July 2021, which described the amendment as applying to four parcels in Woodmans Hill Gateway and proposing to rezone approximately 11.9 hectares from Rural Living Zone to Commercial 2 Zone. (Source: web-research-L1-woodmans-c225ball-gazette-reglii.txt, p.1384) The City of Ballarat public notice repeated the same land area, zone change, submission process, and 2 August 2021 closing date. (Source: web-research-L1-woodmans-c225ball-public-notice-city-ballarat.txt)
The strategic basis is the Woodmans Hill Gateway Master Plan 2015, which identified the Rural Living Zone land with highway frontage between Brewery Tap Road and Orchard Lane as a potential future development site, provided rezoning occurred through a proponent-led site-specific amendment supported by the general intent of the master plan. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.22) The explanatory report also states that the amendment is consistent with the recommendations of the C173 Panel Report dated 1 December 2014. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.21)
Analysis
Land Use Mechanism and Zone Effect
The core mechanism is a zone substitution: approximately 11.9 hectares moves from Rural Living Zone to Commercial 2 Zone. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.17, 20) In practical planning terms, that changes the land from a low-intensity residential-rural setting into land intended for commercial areas, offices, appropriate manufacturing and industries, bulky goods retailing, other retail uses, and associated business and commercial services. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.23)
The amendment does not create an unrestricted commercial precinct because the explanatory report relies on existing Design and Development Overlay Schedule 2 controls and Clause 21.09-4 Woodmans Hill to manage built form, noise attenuation, landscape response, signage, access, and interface conditions. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.23-24) This means the rezoning changes the permissible land-use envelope, while the design and access controls remain the main tools for shaping how future buildings, vehicle movement, fencing, landscaping, and highway presentation are assessed. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.23-24)
A Development Plan Overlay was considered but not applied because council’s explanatory report concluded that the Commercial 2 Zone, the existing DDO2 requirements, and Clause 21.09-4 were sufficient to address land use, access, bushfire, and other matters identified in the master plan. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.23) The practical consequence is that future assessment is likely to occur through permit-level controls and existing overlay requirements rather than a mandatory whole-site development plan process. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.23-24)
Gateway Function and Highway Interface
The amendment implements a gateway planning concept rather than a conventional activity-centre expansion. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.20-23) Clause 21.09-4 is described as recognising Woodmans Hill Gateway as one of the major entry points to Ballarat and as seeking improved entry experience both visually and from a land-use perspective. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.22)
The planning test for future uses is therefore two-sided. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.23-24) Future applications must demonstrate why access and visual exposure to the highway are needed, but DDO2 also requires access by local roads or a service road arrangement and prohibits direct access to the Western Highway. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.24) That creates a deliberate separation between highway visibility and highway access: the land may use its exposed location for gateway-related commercial presentation, but vehicle access is to be filtered through local or service-road arrangements. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.24)
The Courier reported that the site is on the northern side of the freeway between Brewery Tap Road and Orchard Lane and comprises four properties with a total area of 11.9 hectares. (Source: web-research-L1-woodmans-c225ball-courier-rjina-rjina.txt) The same report connected the rezoning to the 2015 master plan’s identification of the land as a potential future development site. (Source: web-research-L1-woodmans-c225ball-courier-rjina-rjina.txt)
Residential Interface and Section 173 Agreement
The key unresolved planning issue during exhibition was not whether the site should be commercial in principle, but how the Commercial 2 Zone would meet adjoining Rural Living Zone and low-density residential interfaces. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.17-18) One private submission opposed the amendment because of concerns that Commercial 2 Zone permissions could allow inappropriate development near Rural Living Zone properties and add traffic risk to Brewery Tap Road. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.18)
Council officers resolved that objection through agreement that landowners in the rezoning area would lodge a Section 173 Agreement. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.18) The proposed agreement would prevent Kokoda Street along the northern boundary from being constructed further west of residential properties on the east side of Orchard Lane, require a two-metre-high earth mound and Colorbond fencing on the north-western and western boundary, and prohibit vehicle access to Orchard Lane from Kokoda Street or any rezoned Commercial 2 Zone parcel. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.18)
The effect of this mechanism is to convert a broad amenity concern into site-specific access and buffering obligations. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.18) The agreement does not remove all potential interface questions because future building height, loading, lighting, hours, signage, and noise would still need to be managed through permit assessment and DDO2 controls. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.23-24)
Transport and Access Dependency
Transport is the most important infrastructure dependency in the available record. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.17-18, 24) Moorabool Shire Council raised concerns with the operation, safety, and geometry of the Brewery Tap Road and Western Highway intersection, and council officers stated they would request an update on the timing of the intersection upgrade from Regional Roads Victoria. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.18)
The explanatory report states that a Traffic Engineering Assessment by Traffix Group dated March 2020 found no traffic engineering reason why the land should not be rezoned from Rural Living Zone to Commercial 2 Zone Schedule 2. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.24) The corpus does not include the Traffix report, so this page cannot test the modelling assumptions, trip generation, turn movement analysis, crash history, intersection warrants, or staging triggers. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.24)
VicRoads comments on the Woodmans Hill Master Plan were implemented through Clause 21.09-4 and DDO2 as part of Amendment C173, and VicRoads was to be formally notified during exhibition of C225ball. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.24) This creates a layered transport control structure: strategic access principles were embedded earlier through C173, while C225ball relies on those controls rather than creating a new transport-specific overlay or contribution mechanism. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.24)
Servicing and Contamination
Central Highlands Water advised that there was no formal servicing plan for the area at the time of exhibition, although the proponent had engaged with engineers and Central Highlands Water to assess feasibility. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.18) This is a material gap because commercial development cannot proceed in a durable way without confirmed water and sewer servicing arrangements. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.18)
The Environmental Protection Authority noted medium potential for contaminated land due to previous vegetable farming use, while also stating the overall risk of the land was low. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.18) The explanatory report states that the amendment is consistent with Ministerial Direction No. 1 on potentially contaminated land because the site is classified as Other Uses-Agriculture, potential contamination is considered medium risk, and the Commercial 2 Zone prohibits sensitive uses such as accommodation and animal production. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.22)
The contamination mechanism is therefore risk management through land-use selection rather than remediation proof in the available amendment record. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.22) The corpus does not include any preliminary site investigation, environmental site assessment, soil sampling, or audit statement, so the analysis cannot identify whether agricultural chemicals, fuel storage, fill, or market-garden residues create permit-stage constraints. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.18, 22)
Bushfire and Environmental Constraints
The site is in a designated bushfire prone area but is not affected by a Bushfire Management Overlay. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.23) The bushfire hazard assessment described the site and adjoining property as BAL Low and BAL 12.5, with surrounding vegetation classified as low threat and grassland. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.22-23) The explanatory report states that buildings can be setback sufficiently from hazardous vegetation to achieve a BAL-12.5 rating under AS 3959-2009. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.22-23)
The Country Fire Authority had responded to an earlier Rural Living Zone to Mixed Use Zone version of the proposal and was satisfied that a Bushfire Planning Assessment was not required at that time. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.22) The available record therefore treats bushfire as a permit-stage design matter rather than a strategic blocker to rezoning. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.22-23)
The explanatory report states that the land has historically been used for grazing and agricultural uses, is cleared of native vegetation, and does not support significant environmental features. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.21) It relies on Biosis evidence from October 2014 presented to the C173 Panel, which concluded that vegetation and environment within the area designated as Potential Future Development was unsuitable as habitat for most wildlife and as a wildlife movement corridor. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.21) The corpus does not include the Biosis report, so this page cannot independently test flora, fauna, native vegetation, waterway, or offset implications. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.21)
Exhibition, Submissions, and Decision Pathway
Public exhibition ran from 1 July 2021 to 2 August 2021. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.17) The amendment received 17 submissions, comprising 12 supportive submissions, four neutral submissions or information responses, and one opposing submission that was later withdrawn. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.17) The Gazette notice and council public notice both required written submissions by 2 August 2021. (Source: web-research-L1-woodmans-c225ball-gazette-reglii.txt, pp.1384-1385) (Source: web-research-L1-woodmans-c225ball-public-notice-city-ballarat.txt)
The neutral submissions are analytically important because they identify implementation risks even though they did not oppose the amendment. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.17-18) Wadawurrung Traditional Owners Aboriginal Corporation offered no advice, EPA identified medium contamination potential with low overall risk, Central Highlands Water identified absence of a formal servicing plan, and Moorabool Shire Council raised intersection operation, safety, and geometry concerns. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.17-18)
Because the only objection was withdrawn, council officers recommended that the Planning Delegated Committee adopt Amendment C225ball as exhibited and submit it to the Minister for Planning for approval. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.18) The Courier reported on 11 September 2021 that councillors had adopted the planning scheme amendment and that it would be submitted to the Minister for Planning for final approval. (Source: web-research-L1-woodmans-c225ball-courier-rjina-rjina.txt)
Current Status
The latest status evidenced in the source set is council adoption after the 8 September 2021 Planning Delegated Committee agenda and subsequent submission to the Minister for Planning for final approval. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.18) The source set does not include a final approval notice, approved amendment documentation, incorporated documents, updated planning scheme map, or later government gazette notice confirming commencement. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.18)
Dependencies
- Blocks: The amendment controls whether the four Brown Hill parcels can shift from rural living-style land use to Commercial 2 Zone use and development consistent with the Woodmans Hill Gateway framework. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.20-23)
- Blocked by: Full implementation depends on Ministerial approval, confirmation of water and sewer servicing, detailed access design, and management of the Brewery Tap Road and Western Highway intersection issue raised by Moorabool Shire Council. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.18, 24)
- Informed by: The amendment relies on the Woodmans Hill Gateway Master Plan 2015, C173 Panel Report dated 1 December 2014, Biosis October 2014 evidence, Ethos Urban Economic Impact Assessment April 2020, Traffix Group Assessment March 2020, and a bushfire hazard assessment. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.21-24)
- Implements: The amendment implements Clause 21.09-4 Woodmans Hill and the Woodmans Hill Gateway Master Plan 2015 by recognising highway-frontage Rural Living Zone land between Brewery Tap Road and Orchard Lane as a potential future development site subject to a site-specific amendment. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.22)
- Conflicts with: The available sources do not identify a formal policy conflict, but the submission record identifies practical tension between Commercial 2 Zone permissions and adjoining Rural Living Zone amenity on Orchard Lane. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.18)
Cross-Jurisdictional Links
Moorabool Shire Council’s submission is the clearest cross-boundary planning signal in the source set because it raised concerns about the operation, safety, and geometry of the Brewery Tap Road and Western Highway intersection. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.18) Regional Roads Victoria is identified as responsible for the timing of the intersection upgrade, making state road programming a dependency for the practical performance of the gateway precinct. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.18)
Central Highlands Water is also a material implementation authority because it advised that there was no formal servicing plan for the area at the time of exhibition. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.18) Without the servicing plan or correspondence, this page cannot determine whether water, sewer, or trade-waste capacity would constrain the timing, sequencing, or permissible intensity of future commercial development. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, p.18)
Gaps in This Analysis
This page is limited by a thin corpus. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.20-24) The source set includes council agenda material, public notices, a Gazette notice, and local media coverage, but it does not include the primary technical reports needed for a full quantified assessment. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.20-24)
Critical missing documents include the Woodmans Hill Gateway Master Plan 2015, the C173 Panel Report dated 1 December 2014, the Ethos Urban Economic Impact Assessment dated April 2020, the Traffix Group Traffic Engineering Assessment dated March 2020, the bushfire hazard assessment, the Biosis October 2014 ecological evidence, agency referral letters, the final Section 173 Agreement, and any final approval or gazettal notice. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.18, 21-24)
Because those documents are absent, this page cannot quantify commercial floor-space assumptions, employment estimates, trip generation, intersection capacity, servicing cost, contamination remediation requirements, ecological offsets, bushfire setbacks, or precise permit-stage development constraints. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.18, 21-24) The appropriate _gaps.md entry should treat this as a corpus gap for Amendment C225ball technical material and final statutory approval documentation. (Source: web-research-L1-woodmans-c225ball-agenda-city-ballarat.txt, pp.18, 21-24)