austlii:vic/PPV/2025/33
General information, not legal advice.
PPV
2025-06-25
Original judgment source is linked above.
For the reasons set out in this report, the Panel concludes that the Amendment:
3 Greater Bendigo Industrial Land Development Strategy
Submitter 3 challenged the GBILDS assessment that to meet demand Greater Bendigo will need an additional 170 to 270 hectares of industrial land in addition to the existing supply over the next 30 years. The submission noted that the 2024 land supply figure is substantially less than in earlier versions of GBILDS and questioned the analysis and data on which the 2024 update is based.
Council submitted the 2020 version of GBILDS identified that in addition to the remaining 100 hectares of available industrial land, an additional 170 hectares of supply would be needed over the next 30 years. Some of the updates to the GBILDS, informed by the Review of Future Industrial Land Supply in Bendigo, were undertaken to assess the impact of the MBP and BREP on supply.
The Review of Future Industrial Land Supply in Bendigo also identified a number of land supply constraints including land banking, proximity to existing residential development, vegetation cover and accessibility that would reduce supply and concluded between 170 and 270 hectares of land supply would be needed over the next 30 years. That conclusion was adopted by the 2024 GBILDS. Council submitted that the 170 to 270 hectares was not in addition to, but inclusive of inclusive of the existing 100 hectares of supply. In response Council agreed to amend the GBILDS to clarify these figures. This change was included in the Day 1 version of the GBILDS extract (Document 14 Attachment 6).
Submitter 3 stated that the BREP and MBP, as identified in the GBILDS, would provide a combined area of 607 hectares (294 and 313 hectares respectively) of industrial land which was well in excess of what is required to meet future industrial land demand.
Council acknowledged that the BREP and MBP could create more industrial land than is required to meet forecasted demand in the "short to medium term." However, it submitted that a long term pipeline of industrial land is justified because Greater Bendigo faces significant challenges in the provision of large sites and by the time the land is development ready it is likely 20 years will have elapsed. Council added that having:
...a clear pipeline of unconstrained, suitable industrial land is critical to encourage future investment and the growth of industry and manufacturing in the region and to remain competitive.
Submitter 3 argued that there will be more than enough land within BREP to ensure "transitional uses (i.e. residential or complimentary employment uses for buffer purposes)" can be considered in the detailed planning of the precinct to ensure that the objective of the Marong Township Structure Plan can be met. The submission added the GBILDS does not place enough importance on the protection of existing and future residential areas in Marong close to the BREP.
Council submitted that the detailed planning of the BREP is not in the scope of the Amendment. The planning for the BREP is being led by the VPA and is a separate process. The Amendment:
...introduces broad strategic support for BREP to the Municipal Planning Strategy (MPS) and local policy and it would be inappropriate and premature to include precinct level detail regarding the planning for BREP as part of this Amendment.
In addition, Clause 17.03-S already addresses buffer requirements between industrial and other adjoining uses.
Submission 5 was made in respect of 1.8 hectares of land in Holdsworth Road, Long Gully in Precinct 13 the Long Gully industrial precinct (Figure 2).
To reduce the electronic size of this document, Figure 2 has been removed from this version of the report. Contact Planning Panels Victoria to obtain a complete copy of the report.
The submitter expressed concern that the GBILDS does not recognise manufacturing uses with existing use rights and the potential for land use conflicts between residential and industrial uses. The strategy should provide for the expansion of these industrial areas and "explore alternative, more suitable land uses for residential zoned land immediately adjacent to the industrial precinct."
The submission sought changes to the GBILDS to support the rezoning of residential land to industrial where:
Council submitted that the GBILDS broadly recognises the issue of land use conflicts in objective 2A which guides the precinct specific recommendations. The Long Gully recommendations are focused on retaining the INZ3 and "encouraging appropriate low impact uses including warehousing, service industry and retail."
In response to the submission, Council proposed to amend the GBILDS recommendation for Precinct 13 to support the rezoning of some residential land stating that this change was:
... made on the basis that it would seek to resolve legacy issues around a sensitive area of residential zoned land to the north of 9-11 Wood Street and could provide support for an extension on the industrial zoning north up to Holdsworth Road. This would however, depend on further strategic work needed to justify any change in zoning in future.
Council proposes to add a further recommendation for Precinct 13, being Investigate potential zoning changes and planning controls both within the Precinct and to residential zoned land immediately adjoining the Precinct, to reduce land use conflicts.
Council proposes to add a new action for Precinct 13, being "Consider potential changes to zoning and planning controls through Council-led and private planning scheme amendments, as appropriate, with a timeframe of 1-4 years."
These changes were included in the Day 1 version of the GBILDS.
To provide a strategic vision for dispersed and fragmented industrial areas, Submitter 5 also sought to insert the following strategic direction into Clause 02.02-7:
Consider potential zone changes to areas of fragmented residential zoned land where this would address conflicts with established industrial areas, and where issues relating to traffic, access, interfaces and amenity can be adequately addressed.
The submission also sought the addition of a new strategic direction in Clause 74.02 to ensure industrial and commercial land remains a priority over the next 1 to 4 years:
In response Council submitted that it did not support the additional proposed strategic direction for Clause 02.03-7 because it would have the effect of applying to all industrial land. However, it agreed that the amended recommendation and action for Precinct 13, as generally outlined above, should be added to the strategy for the Long Gully industrial area in Clause 17.03-1L to read as follows (additional text underlined):
Retain land for industry and other uses including warehouses, service industry, trade supplies and restricted retail premises in the Long Gully industrial area and consider support for rezoning of adjoining fragmented residential land where it can be demonstrated that traffic, access, interfaces and amenity can be adequately addressed.
Council opposed the suggested amendment to Clause 74.02 because, given current work plans it could not commit to the four-year timeframe. However, Council agreed to insert the following into Clause 74.02:
A review of the Commercial Land and Activity Centre Strategy 2015.
Submitter 9 considered the modelling and assumptions which underpin the GBILDS, the Bendigo Industrial Land Review and the Review of Future Industrial Land Supply in Bendigo was not reflective of current market conditions. The submission argued that an independent peer review of the economic analysis underpinning the Amendment, particularly around consumption rates for industrial land and the demand for large and very large lots, should be undertaken. The submission recommended inserting the following text in Clause 74.02:
A further review of industrial land markets and consumption rates in Greater Bendigo; and an update to the Greater Bendigo Industrial Land Development Strategy as required to reflect findings of this review.
In response, Council submitted that the forecast demand for industrial land that informs the recommendations in GBILDS, is based on the findings of the independent reports Bendigo Industrial Land Review - Strategic Economic Inputs and the Review of Future Industrial Land Supply in Bendigo both of which were undertaken by reputable consultants.
Both reports considered the availability of large and very large industrial lots, concluding that larger lots are evidently in short supply. While it is not possible to precisely predict the take up of large and very large lots, the forecasted consumption rates were, in Council's view, "a reasonable indication of the likely demand."
Submitter 9 said the GBILDS, as a reference document, would effectively create categories for industrial lot sizes. In the absence of a definition of lot sizing in the Planning Scheme these new categories may differ from historic assumptions around lot sizes contrary to market demand.
Council submitted that the GBILDS generally refers to larger lot sizes as being 'in the order of 1-5 hectares" which does not contradict historic consumptions around industrial lot sizes.
Submitter 12 said the regional significance of BREP should be clarified in the GBILDS, particularly under section 4.2.
Council agreed with Submitter 12 and proposed the following change to the Executive Summary of GBILDS, replacing the last paragraph on page 10 with the following:
As part of prioritising the new industrial business park(s) as Bendigo Regional Employment Precinct in the short-medium term, it is proposed that MBP, the 313 hectares of land zoned CDZ, to the west of Marong not progress in the short term due to the land currently being used for farming."
In addition, Council proposed amending Precinct 23's 'Role and function' in hierarchy column (see Appendix E) on page 46 to replace the text with the following:
These changes were included in the Day 1 of the GBILDS.
The Panel accepts Council's response to the issues raised by Submitter 3. The changes to the GBILDS are appropriate and clarify the quantum land required over the next 30 years. The Panel is satisfied that the 170 to 270 hectares is based on the work undertaken and the detailed analysis in wo independent reports.
The Panel also accepts Council's submission that the MRP and BREP will not be development ready for some time and that providing for a pipeline of available industrial land is a sound long term strategy. The concept of providing for transitional uses in the BREP is discussed later in this report. However, the Panel agrees with Council that any planning of the BREP is beyond the scope of this Amendment. The Panel is aware that Amendment C263gben, which incorporated the Marong Structure Plan into the Planning Scheme, had been gazetted. The Marong Structure Plan area includes BREP while it identifies the north east corner of the site as "Proposed land subject to investigation", it acknowledges the master planning will be undertaken by the VPA as part of a separate planning process. With respect to the BREP, the Marong Structure Plan states:
The Precinct could be expected of accommodate between 2,000 - 3,000 new jobs for the Greater Bendigo area and provide local employment opportunities the growing Marong township.
A mix of industrial land uses should be accommodated in this Precinct, with a particular opportunity for land uses that require larger parcels of land that cannot be situated elsewhere in the City.
In areas that interface with highways and the Potential Marong Western Freight Corridor, a sensitive design response is needed. The design response should focus on achieving a smooth transition of rural to urban character into the Marong township. Larger setbacks, service roads or internal perimeter roads, and land uses that compliment highway and township activity can assist in achieving this.
The Panel agrees with Council that it would be premature to earmark part of the BREP for unspecified uses.
The Panel acknowledges the interface issues raised by Submitter 5 and accepts Council's proposals to address the submission. The Panel agrees with Council that the addition to Clause 02.02-7 would inappropriately apply to all industrial land and its proposal is far better targeted as is the changes proposed to the Precinct 13 recommendations.
Submitter 9 did not provide any data other than the anecdotal experience of its client to support its submission of errors in the modelling and assumptions and there was no further submission made by the submitter at the Hearing. In support of its submission Council provided the Panel with copies of the Bendigo Industrial Land Review - Strategic Economic Inputs (Document 9K) and the Review of Future Industrial Land Supply in Bendigo (Document 9l).
In the Panel's view both these documents provide a detailed analysis which support the recommendations made and provide appropriate inputs into the GBILDS. Consequently, the Panel accepts Council submission that a further review of industrial land markets is unnecessary. The Panel agrees with Council that it is appropriate identify a review of the commercial land strategy as part of future strategic work.
The Panel acknowledges the regional significance of the BREP and accepts the changes agreed with Council and submission 12.
Amend the Greater Bendigo Industrial Land Development Strategy as shown in the Panel recommended version in Appendix E.
Amend Clause 74.02 to insert "A review of the Commercial Land and Activity Centre Strategy 2015".
The issue is whether the changes in the Council Day 1 version of Clause 02.03-7 are appropriate.
Submitter 12 requested an amendment to Clause 02.03-7 by replacing the exhibited text in the third dot point of the strategic directions for economic development with the following text:
Council advised that it accepted this post exhibition change and included it in its Day 1 version of the clause (Document 14 Attachment 1).
Submitter 3 sought a further change to the clause by adding the following additional dot point to the strategic directions for economic development:
The basis of the submission was, given the scale of the BREP and its interfaces to the north with residential areas in the Marong, it was appropriate to allow for "transitional land uses," in order to protect the amenity of future residential development.
Council did not support the additional changes to Clause 02.03-7 because it would be premature to include planning scheme policy relating to precinct level planning of the BREP given detail planning of the area is yet to be undertaken and will occur through a separate planning process.
Given the BREP is identified in the GBILDS, the Panel agrees with Council that the proposed change proposed by Submitter 12 is appropriate because it emphasises the regional significance of the land.
The Panel agrees with Council that it would be premature to designate potential uses and areas in advance of the development of detailed plans for the BREP. Furthermore, the meaning of the term 'transitional uses' is unclear and Submitter 3 was unable to provide any clarification of what it involves beyond industrial, commercial and retail land uses. In the Panel's view this is too broad and the strategic directions in Clause 02.03-7 should not introduce uncertainty.
The Panel concludes the changes in the Council Day 1 version of Clause 02.03-7 are appropriate.
Amend Clause 02.03-7 as shown in the Panel recommended version in Appendix F.
The issue is whether the changes in the Council Day 1 version of Clause 02.04 are appropriate.
The Day 1 version of Clause 02.04 (Document 14 Attachment 2) amends the Industrial Strategic Framework Plan by making the following changes:
Council accepted changes to the legend of the Industrial Strategic Framework Plan as proposed by Submitter 12 and included them in the Day 1 version of Clause 02.04.
Submitter 3 considered that together the BREP (294 hectares) and the MBP (313 hectares) would result in an oversupply of industrial land in Bendigo. In addition, the GBILDS excluded the land provided by the MBP from future supply forecasts. Therefore, to accommodate this additional land it was appropriate to broaden the specific purpose of the BREP from 'employment' to include the potential for other land uses, such as transitional land uses. Consequently, the submission proposed a change to the legend of the Industrial Strategic Framework Plan in Clause 02.04 from by adding "and Investigation Area" to the Proposed Bendigo Regional Employment Precinct.
Council did not support the additional text in the legend because:
A key reason why this is referred to as an employment precinct, rather than an industrial precinct, is to ensure that the detailed planning for the Precinct is undertaken to confirm the appropriate zone. The inclusion of "and Investigation Area" creates unnecessary confusion.
Council noted that it had agreed to update the description of the BREP land as 'Bendigo Regional Employment Precinct' in response to Submitter 12.
Submitter 9 proposed that, to improve clarity, the Industrial Strategic Framework Plan at Clause 02.04 should be amended to include an additional legend identifying all industrial precincts referenced under Clause 17.03-1L. It added that an alternative would be to only reference the industrial hierarchy areas listed on the Industrial Strategic Framework Plan and remove reference to individual industrial precincts under Clause 17.03-1L.
Council submitted that the proposed Industrial Strategic Framework Plan at Clause 02.04 provided an appropriate level of detail for a Strategic Framework Plan.
Submitter 6 proposed that the Industrial Strategic Framework Plan be amended to include land at 16 Manallacks Road, Kangaroo Flat as a secondary industrial area. As shown in Figure 3, the land adjoins the secondary industrial area of Kangaroo Flat West, is 8.09 hectares in area and within four kilometres of the Bendigo CBD. The submission argued that the site would be a logical extension of the Precinct 19 (Kangaroo Flat industrial area).
Figure 3 Industrial Precinct 19 and the property at 16 Manallacks Road, Kangaroo Flat
To reduce the electronic size of this document, Figure 3 has been removed from this version of the report. Contact Planning Panels Victoria to obtain a complete copy of the report.
The submission stated that the land was in the FZ and would form a direct extension of the Precinct 19 (Kangaroo Flat West) to the west. In addition, the land could provide a range of lot sizes for emerging industries and provide appropriate separation from residential areas and not encroach into a rural area. The submission considered that Council had not supported the proposal because of the bushfire risk and site access.
In support of the proposal the submitter had undertaken a bushfire assessment which concluded that development of the land could meet the objectives of Clause 13.02 (Document 16 Appendix A). The submitter also provided an agreement with the adjoining landowner to the north to provide access from 16 Manallacks Road to Fairview Road from the north (Document 16 Appendix B). The submission acknowledged that it would also be necessary to amend Clause 17.03-1L to include the site within the Urban Growth Boundary and Precinct 19.
Council did not support the inclusion of 16 Manallacks Road, Kangaroo Flat as a secondary industrial area in the Industrial Strategic Framework Plan at Clause 02.04 or future rezoning of the land from FZ to an industrial zone. The entire site is covered by a Bushfire Management Overlay and Council provided an extract from the City of Greater Bendigo Potential Growth Areas Final Bushfire Assessment 2023 (Document 25) and the City of Greater Bendigo Bushfire Assessment of Potential Growth Areas 2024 (Document 26) in support of its view that the site was unsuitable for any development. Council added that this approach was reinforced by the findings of its Managed Growth Strategy.
Council submitted that the access to the north proposed by the submission was also constrained by an area of dense native vegetation and bushfire risk and that:
Extensive work previously undertaken to consider bushfire risk has identified most of the subject site as in a high-risk area...
The Bushfire Assessment does not consider the risk posed by the vegetation within the subject site along the waterway, which elsewhere in Submission 6 has been described as being retained and "incorporated into the estate design."
The issue of enabling transitional uses in the BREP has been discussed in the previous section of this report. Nevertheless, the Panel agrees with Council that the addition of the words 'investigation area' in the legend has the potential to create some confusion given the planning of the BREP is yet to be finalised.
Whether the site at 16 Manallacks Road, Kangaroo Flat should be included in the Industrial Strategic Framework Plan in Clause 02.04 is beyond the scope of the Amendment. This proposal has not been ventilated through an exhibition process and not only involves a change to the plan but also requires the redrawing of the Urban Growth Boundary.
However, in reviewing the material before it, the Panel makes the following observations. The bushfire assessment report from Submitter 6 was provided to the Panel by way of submission and not evidence. While the same can be said of Council's two reports they have undergone some scrutiny as background documents to the community engagement process for the Managed Growth Strategy 2024. Nevertheless, the Panel is not able to make an informed decision about either report but acknowledges that the site is wholly within a Bushfire Management Overlay which triggers the provisions of Clause 13.02. Because Clause 13.02 prioritises the protection of human life any assessment of the bushfire risk should be thoroughly explored with the authors and experts available to present and explain their conclusions.
Furthermore, while Submitter 6 assessed the site against the criteria for the identification of future industrial land sites detailed in the Background Report, the Panel notes that the site, when assessed against these criteria, has limitations by way of its land area, proximity to a PCRZ, the presence of a watercourse and Environmental Significance Overlay and a Land Subject to Inundation Overlay.
Consequently, the Panel agrees with Council's submission that the changes proposed by Submitter 6 are inappropriate to be further considered as part of this Amendment.
Amend Clause 02.04 as shown in the Panel recommended version in Appendix G.
The Amendment introduces the Guidelines by updating local planning policy at Clause 15.01-1L-02 and removing references to the superseded City of Greater Bendigo Good Design Guide for Industry 1997.
Submitter 9 supported the introduction of updated industrial development guidelines and proposed minor amendments to improve clarity. The submission proposed moving the following text from subdivision strategies to landscaping strategies:
Design landscape buffers in industrial areas to include screen planting and noise attenuation measures such as mounding.
The submission also recommended adding the following text at the end of the landscaping strategies:
... where required to protect the amenity of surrounding uses.
The submission argued that the strategy relates to landscape design and not subdivision and some interfaces may not require screening or mounding.
On the basis that the Guidelines should not necessarily exclude the BREP, in the absence of any site specific guidelines, Submitter 12 recommended that the following policy application be applied to this Clause 15.01-1L-02:
This policy applies to all industrial subdivision and development that requires a permit under the Greater Bendigo Planning Scheme.
Council supported both these requests and incorporated them into the Day 1 version of Clause 15.01-1L-02 (see Appendix H).
Submitter 3 said the Guidelines should also apply to the BREP and it was unclear why they would exclude the BREP. The submission considered that having the Guidelines apply to the BREP would provide greater certainty for surrounding uses with the same requirements applying to all industrial area.
Submitter 12 proposed that Council seek advice from Development Victoria to ensure the Guidelines "are aligned with market needs and will allow for deliverability."
Council advised that it had consulted with Development Victoria as suggested and that:
Development Victoria advised Council that the guidelines should not necessarily exclude BREP, unless a subsequent and site specific set of guidelines is prepared for any part or all of BREP.
Council Submitted that it proposed to amend the Guidelines to make it clear they will apply to BREP in the absence of any precinct specific design and development guidelines.
With the adoption of the Guidelines it is no longer necessary to include the Industrial Land Strategy and Good Design for Industry as further strategic work in Claus 74.02. The Panel accepts Council's proposed changes which provide clarity on the operation of the Guidelines.
The Panel accepts Council's submission and agrees that, in the absence of any precinct specific guidelines, it is appropriate that the Guidelines apply to the BREP. The Panel notes that the Day 1 version of the Guideline replacement text included "to the satisfaction of the City of Greater Bendigo." The Panel agrees with the inclusion of this text because it provides an approval mechanism. However, given this is a reference document in the Planning Scheme, references to the 'City of Greater Bendigo' should be replaced by the 'Responsible Authority'.
Revise Clause 15.01-1L-02 as shown in the Panel recommended version in Appendix H.
Amend the text under Figure 2 on page 10 of the Greater Bendigo Industrial Development Guidelines to read as follows:
These guidelines apply to BREP, unless a subsequent and site specific set of guidelines is prepared for any part or all of the BREP to the satisfaction of the Responsible Authority.
Amend Clause 74.02 to delete 'The Industrial Land Strategy and Good Design for Industry'.
The issue is whether the changes in the Day 1 version of Clause 17.03-1L are appropriate.
Clause 17.03-1S Industrial land supply provides a strategic framework for future industrial land supply that seeks to ensure a sufficient supply of industrial land into the future and to protect and strengthen employment opportunities to contribute to maintaining and growing the local and regional economy.
Submitter 9 said the MBP is a unique area in the Industrial Strategic Framework Plan and consequently the following strategy should be moved from the 'Strategies - Municipal' to a new Marong Business Park section in Clause 17.03-1L as follows:
Retain land to the north-west of Marong zoned CDZ for future industrial use and development for the municipality and broader region in the longer term to support the demands and growth of industry.
The submitter recommended replacing the following strategy under the 'General' heading:
Avoid fragmentation of land in undeveloped industrial areas and retain land in large lots until it is required for development
Avoid subdivision of large and very large vacant industrial landholdings until it is required for use and development or unless it is demonstrated the land is not suitable to service the needs of large industrial landholdings.
The submitter also requested changes to Clause 17.03-1L to only reference the hierarchy areas listed on the Industrial Strategic Framework Plan.
Council submitted that precinct level detail provided for the proposed strategies under Clause 17.03-1L was appropriate. Nevertheless, to improve clarity, the Day 1 version of Clause 17.03-1L included a map showing the location of all industrial precincts (Document 14 Attachment 4).
Council explained that the only reason the MBP is labelled separately in the Framework Plan is because it is in a CDZ, not an industrial zone. Both the GBILDS and the Industrial Strategic Framework Plan included the MBP at the municipal level and consequently, the appropriate location for the strategy relating to the MBP is in the municipal section of Clause 17.03-1L.
Council supported amending the strategy under the 'General' heading as proposed by Submitter 9 because it would improve clarity and the change had been included in the Day 1 version of Clause 15.02-1L (Document 14 Attachment 4).
Submitter 10 noted that the wording of Clause 17.03-1L did not fully incorporate the precinct level recommendations of the GBILDS for the Epsom area because reference was only made to encouraging 'additional warehouses' and not extending to 'larger retail' uses. The submitter recommended amending the strategy in the Strategies - Secondary section:
Encourage additional warehouses and larger format retail uses in the Epsom Industrial Area.
Council supported the proposed change but did not support the use of the term larger format retail uses. Instead it used the defined term restricted retail. This change was included in the Day 1 version of Clause 17.03-1L.
Submitter 3 sought the introduction of a strategy related specifically to the BREP. This was because the BREP is not identified as a Specialised Area within Clause 17.03-1L or in the Industrial Strategic Framework Plan in Clause 02.04. Consequently there was a lack of strategic support in Clause 17.03-1L for the BREP. The submitter proposed the following:
Strategies - Proposed Bendigo Regional Employment Precinct and investigation area
Support a range of suitable lot sizes to meet the forecasted demands of existing and emerging industries in areas located away from existing and planned residential areas of Marong. Support other transitional land uses in areas adjoining and with proximity to existing and planned residential areas of Marong to protect the character and amenity of Marong.
Council did not support this change because it was appropriately captured as a strategic direction for BREP in Councils 'Day 1' version of Clause 02.03-7.
The Panel acknowledges and supports the changes to Clause 17.03-1L agreed to by Council in response to submissions. This leaves two matters for the Panel's consideration, whether the strategy relating to the MBP should be in a separate section and whether there is a need for a separate strategy for the BREP.
The Panel accepts Council's submission that both the GBILDS and the Industrial Strategic Framework Plan include the MBP in the municipal level and there appears to be little benefit in adding an additional separate category. In the Panel's view the strategy for the MBP is appropriately included in the municipal level of the industrial land hierarchy.
As pointed out by Submitter 3 there is no BREP strategy in Clause17.03-1L while there is one for the MBP. Council acknowledged this and argued that it is captured in Clause 02.02-7 and DTP had advised it to avoid duplication in the Planning Scheme. The Panel agrees with this approach in principle but also agrees with Submitter 3 that the absence of a BREP strategy in Clause 17.03-1L is a concern. However, the Panel does not support the wording proposed by Submitter 3 and particularly the use of the term transitional uses as previously discussed.
The Panel notes that while the BREP is specifically referenced in the Industrial Strategic Framework Plan, the MBP is also referenced. Council argued that the relevant BREP strategy is located in Clause 02.03-7 which considers economic development. However, in the Panel's view the appropriate location for the BREP strategy is with the other industrial precincts, including the MBP in Clause 17.03-1L. For this reason the Panel recommends that the following provision in Clause 02.03-7 be removed and inserted under the 'Municipal - Strategies' heading in Clause 17.03-1L:
Plan for large scale industrial land and regional employment opportunities in Bendigo Regional Employment Precinct in short-medium term.
Amend Clause 17.03-1L as shown in the Panel recommended version in Appendix I.
Relocate the following text from Clause 02.03-7 to the 'Municipal - Strategies' section in Clause 17.03-1L:
Plan for large scale industrial land and regional employment opportunities in Bendigo Regional Employment Precinct in short-medium term.
5.1 2-10 Howard Street and 191 and 193 Midland Highway, Epsom (Precinct 4)
The issue is are whether it is appropriate to rezone the land at 2-10 Howard Street and 191 and 193 Midland Highway, Epsom to a Commercial 2 Zone.
Precinct 4 Epsom (Figure 4) is within the INZ1 which has been developed for a range of uses including industry, warehousing, retail, trade supplies and rural store. There is potential for further development in the Precinct.
To reduce the electronic size of this document, Figure 4 has been removed from this version of the report. Contact Planning Panels Victoria to obtain a complete copy of the report.
Submitter 10 requested that the land at 2-10 Howard Street, 191 and 193 Midland Highway Epsom (Figure 5) be rezoned from INZ1 to C2Z as an expansion of the surrounding commercial area to allow for warehousing and larger retail.
Figure 5 The land at 2-10 Howard Street, 191 and 193 Midland Highway Epsom (blue outline)
To reduce the electronic size of this document, Figure 5 has been removed from this version of the report. Contact Planning Panels Victoria to obtain a complete copy of the report.
Alternatively, the submitter proposed that Clause 17.03.1L be amended to specifically support the rezoning.
Council opposed the suggested rezoning because there was a demonstrated shortage of industrial land. In addition, the land is relatively unconstrained by sensitive used and identified in the GBILDS as suitable for industrial use and development. Council added:
...that once further strategic work is undertaken in future in relation to commercial floorspace demands and the Epsom Structure Plan, its position on the requested rezoning can be reviewed.
The submission to rezone the land at 2-10 Howard Street and 191 and 193 Midland Highway, Epsom to a Commercial 2 Zone lacks any strategic justification and is inconsistent with the recommendations of the GBILDS. In addition, the submission is not a formal proposal that has undergone detailed assessment or public exhibition. For these reasons the Panel accepts Council's submission and does not support the rezoning of the land.
The Panel concludes that it is not appropriate to rezone the land at 2-10 Howard Street and 191 and 193 Midland Highway, Epsom to a Commercial 2 Zone as part of this Amendment.
Department of Energy, Environment and Climate Action
The owner of 2-10Howard Street and 187, 191 and 193 Midland Highway, Epsom
Greater Bendigo C263gben Explanatory Report Adoption
Marong Township Structure Plan City of Greater Bendigo June 2024
City of Greater Bendigo Potential Growth Areas Final Bushfire assessment Terramatrix 2023
City of Greater Bendigo Bushfire Assessment of Potential Growth Areas 2024
Email from Hall & Wilcox concerning the gazettal of Greater Bendigo C263gben
Council submitted that the Amendment is supported by various clauses in the Planning Policy Framework, which the Panel has summarised below.
The Amendment will assist in implementing the following State policy objectives set out in section 4 of the PE Act by:
a) To provide for the fair, orderly, economic and sustainable use and development of the land
- This objective is implemented through the strategy that seeks to provide sufficient industrial land supply in appropriate locations to facilitate employment growth and sustainable development of future industry in the municipality.
- This objective is further implemented by providing a clear hierarchy of the various industrial precincts to help to minimise land use conflicts while helping to facilitate the delivery of additional industrial land.
b) To provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity.
- This objective is implemented through the strategy that seeks to minimise detrimental environmental impacts by ensuring land is appropriately zoned and by directing industrial use and development into suitable locations. The rezoning of land with high biodiversity values from an inappropriate zone provides protection to the natural environment.
Plan for Victoria sets the statewide vision for how Victoria will grow over time including:
The Loddon Mallee South Regional Growth Plan provides broad direction for land use and development across the Loddon Mallee South region, as well as more detailed planning frameworks for the key regional centres of Bendigo.
Council submitted that the Amendment supports the Loddon Mallee South Regional Growth Plan because:
ITLUS is Council's long term integrated land use and transport plan structured around five key objectives.
One of the five objectives is 'Moving Greater Bendigo' and is focused on using the capacity of existing networks to more effectively move people and goods. It sees Bendigo further developing as a freight hub and identifies the need to mitigate the impacts of increased freight on residential areas.
GBILDS and its implementation through the Amendment responds to ITLUS through proposed planning scheme policy support for the BREP. As a proposed large master planned business park along with the future Marong Western Freight Corridor, this would see the bypassing of heavy vehicles from the Marong township and its residential areas.
As Council's economic development strategy, A Stronger Greater Bendigo seeks to build better and more sustainable jobs with a focus on opportunity and inclusivity. A Stronger Greater Bendigo identifies the need for the region to provide serviced, suitably located and zoned land to accommodate growing demand for employment and expansion of business and industry.
The Amendment is supportive and consistent with A Stronger Greater Bendigo in its objectives to increase the supply of industrial land and grow industry and employment opportunities.
A common zone and overlay purpose is to implement the Municipal Planning Strategy and the Planning Policy Framework.
The land is in the Industrial 1 Zone. The purposes of the Zone are:
The land is in the Industrial 3 Zone. The purposes of the Zone are:
The land is in the Public Conservation and Resource Zone. The purposes of the Zone are:
The land is in the Farming Zone. The purposes of the Zone are:
The Explanatory Report discusses how the Amendment meets the relevant requirements of Ministerial Direction 11 (Strategic Assessment of Amendments) and Planning Practice Note 46: Strategic Assessment Guidelines, August 2018 (PPN46). That discussion is not repeated here.
Council submitted the Amendment has been prepared in accordance with the following relevant Ministerial directions:
Council submitted the Amendment has been prepared in accordance with the following planning practice notes:
A Practitioner's Guide to Victorian Planning Schemes Version 1.5, April 2022 (Practitioner's Guide) sets out key guidance to assist practitioners when preparing planning scheme provisions. The guidance seeks to ensure:
Appendix E Panel recommended version of changes to the Greater Bendigo Industrial Land Development Strategy
land, a maximum of 11 years supply , and only a handful of large sites more than one hectare remaining in Greater Bendigo.
A comprehensive review of the City's industrial land has identified that it is:
In terms of growth and development of industrial land needs and the provision for future employment:
Replace above text with: Based on the above, in order to meet industry needs particularly in larger lots, there is a need to plan for a pipeline of 170-270 hectares of vacant industrial land supply over the next 30 years, which includes the current supply of less than 100 hectares.
Based on the above, in addition to the existing industrial land supply, in order to meet industry needs particularly in larger lots, there is a need to plan for a pipeline of at least an additional 170-270 hectares of industrial land supply over the next 30 years over and above the current supply of less than 100 hectares3.
Bendigo is the major employment industrial hub in northern Victoria. It is a growing, vibrant, creative, and culturally enriched regional centre serving much of northern Victoria and southern NSW.
Industry is a major employer in Greater Bendigo. Advanced manufacturing is strong and diverse. A wide range of industries, businesses and employers are seeking to expand or relocate and need large, well located, serviced, accessible sites not constrained by nearby sensitive uses.
Current population growth trends indicate that Greater Bendigo's population will grow from around 124,000 people to over 200,000 people over the next 30 years1.
Employment relating to the City's industrial areas and precincts is expected to provide for about 3,300 new jobs over the next 15 years, bringing total jobs relating to industrial precincts to nearly 12,000 by 20362.
The City's significance as an economic hub has been further strengthened by the recent completion of the Bendigo Airport redevelopment project (Stage 2) and the introduction of daily scheduled direct flights to Sydney and the prospect of further flights and routes being initiated.
The recent development of major gold deposits at Fosterville to the east of Bendigo and the identification of significant potential deposits north east of Bendigo by Minerals Development Victoria, and the calling of expressions of interest for substantial mineral exploration licences as a prelude to full scale mining, further boost Greater Bendigo's industrial development and servicing prospects. Gold deposits worth approximately $200 Billion have potentially been identified. Realisation of that asset would significantly increase employment in mining engineering, advanced manufacturing and service industries.
To enable employment growth to occur and to provide certainty for industry, there is a need to plan for a future 30-year pipeline of industrial land. As it stands, there is currently less than 100 hectares of available
were required, in principle support from landowners was sought prior to these investigations taking place.
Following detailed investigations, the City identified 294 hectares of land south of the Marong Township near the intersection of the Calder, Calder Alternative and Wimmera Highways. This site is referred to as the Bendigo Regional Employment Precinct (BREP). The delivery of this precinct would meet many of the long term industrial land needs in Greater Bendigo. The Victorian Planning Authority (VPA) was appointed as the planning authority for the rezoning and associated planning of the proposed BREP.
With Greater Bendigo having had a limited industrial land supply for a number of years, it is difficult to ascertain the amount of development which has not occurred due to a lack of available land. It may be that as industrial land supply increases industrial development may occur faster than originally forecast. Therefore, given the inherent difficulty in predicting how fast this take up might be and how hard it is to identify suitable land for industry, the City will continue to regularly review the industrial land supply to meet short, medium and long term needs.
As part of prioritising the new industrial business park(s), it is proposed that Marong Business Park, the 313 hectares of land zoned Comprehensive Development Zone (CDZ), to the west of Marong not progress in the short
These objectives are proposed to be actioned through the 'general' and 'precinct-specific' actions included in the tables at Section 3 and Section 4 respectively.
The first and major objective of the GBILDS is to provide 30 years of industrial land supply in Greater Bendigo. The focus on this objective reflects the fact that the City has nearly run out of serviced, zoned industrial land and is unable to meet a range of short and longer term demands for land to support industrial expansion and new jobs.
The key action to achieve this objective is to identify appropriate site(s) for new industrial land supply via a rigorous, transparent and independent public selection process further detailed at Section 7 of the Background Report.
Greater Bendigo does not have the benefit of large parcels of Crown or other government owned land which may be suitable for industrial development nor is there the potential to suitably expand any of the existing precincts to meet medium to longer term industrial needs.
Therefore, investigations centered around the potential for land under private ownership, generally farming zoned land, which may be suitable for rezoning to enable industrial uses.
A large number of sites were investigated through this process with many being ruled out due to infrastructure, environmental or other constraints. When more detailed investigations
term due to the land currently being used for farming. Instead it is recommended that the local planning policy be changed to reflect this land as potentially meeting the longer term needs of the region. It is proposed to review the strategy in five years to provide time to better understand the take up of land once the delivery of a new business park(s) has commenced.
In addition to the need for further land, the remaining actions seek to create or otherwise retrofit well-designed, high amenity, sustainable, and functional industrial places in line with the vision statement. In some instances, these precincts will be considered as part of the future preparation of a Managed Growth Strategy for the City covering all land use needs to 2056.
The implementation of the GBILDS will ensure Greater Bendigo and the wider region is well-placed to meet the existing and future industrial land needs of industries and businesses over the next 30 years while better managing land use conflicts.
As part of prioritising the new industri‑al business park(s) such as Bendigo Regional Employment Precinct in the short-medium term, it is proposed that Marong Business Park, the 313 hectares of land zoned Comprehensive Develop‑ment Zone (CDZ), to the west of Marong not progress in the short...
Support the rezoning of the precinct to the Mixed Use Zone through the implementation of the Marong Township Structure Plan (MTSP).
Undertake a planning scheme amendment to implement the Marong Township Structure Plan.
Approximately 1-2 years (subject to the amendment to implement the MTSP)
Review land supply and long term need for the Business Park.
Further review when updating the GBILDS in 5 years.
Review planning controls to ensure longer term industrial land potential only, once other land is developed.
Update planning controls as required to indicate the longer term potential for industrial land only.
Support the rezoning of the land to enable industrial uses.
Support the VPA to progress the planning for the precinct.
7 Review of Future Land Supply in Bendigo SGS ECONOMICS AND PLANNING 2023
Wimmera and Calder Alternative Highways for a potential future employment precinct.
The ultimate development of this precinct would unlock land to meet the medium and longer term industrial land needs of existing and new businesses to Greater Bendigo. It is expected that the proposed BREP will deliver 6,000 direct and indirect jobs for the region.
The Victorian Planning Authority has been appointed as the planning authority for this precinct and is working closely with the City to prepare a planning scheme amendment to deliver the precinct.
Based on a consumption rate of between 9 and 11 hectares per year, at a minimum there will need to be a supply pipeline of between 170 and 270 hectares of vacant indus‑trial land over the next 30 years (inclusive of the existing 100 hectares of vacant land).
billion over the eight years from 2015 to 2023, Manufacturing currently comprises 18.2% of the economic output for Greater Bendigo, with construction and transport, postal and warehousing comprising a further 16.9%8. However, it is becoming increasingly clear that without a pipeline of serviced and available industrial land, Greater Bendigo is likely to become more uncompetitive with other regional cities leading to a potential slowdown in employment and possibly population growth.
While the City currently has 313 hectares of land that was zoned Comprehensive Development Zone in 2016 and appropriate for industry to the west of Marong, this land is currently not serviced and unavailable for industrial development given the land is under private ownership and being utilised for farming. However, given the potential long‑term suitability for this land to be used for industry (should the take up of industrial land be greater than forecast) it is proposed to retain this land within the Comprehensive Development Zone.
Given the unavailability of the current zoned land in Marong for industrial development, the City has been going through a comprehensive process of selecting a future site(s) for a business park(s). Further details around the selection process are included in the GBILDS background report.
Following extensive investigations, the City has identified 294 hectares of land to the south of the Marong Township at the intersection of the
There is currently less than 11 years of industrial land in Greater Bendigo assuming near perfect utilisation, with the majority (74%) of sites being less than 0.5 hectares. Only 11% of sites are over one hectare.
Based on a consumption rate of between 9 and 11 hectares per year, at a minimum there will need to be an additional supply of between 170 and 270 hectares over and above the existing supply over the next 30 years (based on having 100 hectares of vacant land)7. This does not consider that by having more available, useable and buffered industrial land, Greater Bendigo will become more attractive as a destination for businesses and therefore consumption of land is likely to increase over and above initial forecasts. Further it does not consider the potential in the future to better utilise some of the existing industrial precincts for a commercial or other more suitable zone based on their locational or other attributes (Section 4).
Currently compared to other regional cities of a similar size existing industrial land precincts are generally small in size, limiting the potential for similar businesses to congregate in a single location. There is also no large business park unlike many other larger regional cities such as Ballarat, Geelong and Wodonga. This makes it more difficult to control design outcomes and to take a precinct wide approach to development.
Greater Bendigo has been experiencing strong economic growth in recent years growing by $4.3
Appendix F Panel recommended version of Clause 02.03-7
Proposed C282gben Greater Bendigo has the highest annual growth rate in gross regional product among Victoria's major regional cities, and the City's economy has outperformed the rest of Victoria in several key sectors. Bendigo is the key regional city and economic growth hub for the Loddon Mallee South region.
As well as its significant retail and industrial base, other important elements of the economy include tourism, education, finance, agriculture, and earth and energy resources industries (mining). In recent years Bendigo has become a hub for many non-retail anchors including health facilities, tertiary education, regional sporting facilities and arts and cultural facilities.
Significant demand for commercial floor space is expected until 2035. Where this should be located has been identified on the urban strategic framework plan, Rural strategic framework plan and urban area activity centre hierarchy plan in Clause 02.04.
Traditionally industry Industry is a major employer in Greater Bendigo has been located within the Bendigo urban area and focused on manufacturing and engineering. These sectors remain important to the economy. New industries such as food manufacturing and information technologies have recently experienced growth and the wide range of industries and businesses that make up the industrial sector provide a significant contribution to the local and regional economy. The Bendigo Livestock Exchange also plays an important role in supporting the agricultural sector regionally. At present there is inadequate industrial land to meet the expected long term demand.
Many of the areas set aside for industrial use, particularly in Existing industrial areas are dispersed and fragmented across the Bendigo urban area, are not suitable to the needs of modern industry due to small lot sizes and adjoining incompatible land uses, as shown on the urban strategic framework plan in Clause 02.04 often adjoining incompatible land uses. There is an increasing shortage of well located industrial land with a range of suitable lot sizes to meet the forecasted demands of existing and emerging industries. In contrast to other large regional Victorian cities such as Ballarat and Geelong, Bendigo lacks a large, dedicated business park.
Greater Bendigo is an important visitor destination in the centre of Victoria's Goldfields region, recognised for its significant heritage value, as a City of Gastronomy, its contemporary and cultural offerings and as Victoria's regional events capital. Greater Bendigo's tourism industry is supported by a mild climate, heritage buildings, parks and gardens, impressive streetscapes, well established wineries and national, state and regional parks.
The Bendigo Library, the Bendigo Art Gallery, Ulumbarra Theatre, and the major performing arts venue The Capital Theatre provide Bendigo with non-retail anchors that are driving visitation and contributing to the lifestyle and opportunities that are available to residents and visitors alike. The strategic directions for economic development are:
Appendix G Panel recommended version of Clause 02.03
Industrial strategic framework plan
Appendix H Panel recommended version of Clause 15.01-1L-02
Urban design in industrial areas - Greater Bendigo
This policy applies to all industrial subdivision and development that requires a permit under the Greater Bendigo Planning Scheme.
Provide separation and landscape buffers between industrial areas and adjacent residential, rural and sensitive environmental areas to minimise potential amenity impacts.
Design landscape buffers in industrial areas to include screen planting and noise attenuation measures such as mounding.
Site layout strategies
Provide space to accommodate canopy trees around new industrial buildings.
Minimise detrimental impacts on the visual amenity of the built environment by designing industrial buildings using contemporary, high quality finishes and avoiding excessive use of unfinished precast concrete facade walls.
Encourage high quality, attractive landscaping using low maintenance and durable species that positively contribute to the streetscape, particularly within front setbacks of industrial areas.
Provide well located, integrated areas of attractive outdoor space that contribute to an activated public realm with weather protection, lighting and seating for staff and visitors.
Ensure front boundary treatments contribute positively to the appearance of the streetscape and clearly delineate the public and private realms.
Enable passive surveillance of car parks, streets and the surrounding public realm using transparent and secure front fencing, integrated as a coordinated design element within the site.
Design landscape buffers in industrial areas to include screen planting and noise attenuation measures such as mounding where required to protect the amenity of surrounding uses.
Provide external lighting sufficient for security and navigation that does not impact on the amenity of nearby residential properties.
Appendix I Panel recommended version of Clause 17.03-1L
This policy applies to applications for use and development in the industrial areas shown on the Industrial Strategic Framework Plan at Clause 02.04.
Direct industrial uses and development to the municipal, secondary, local and specialised industrial areas identified on the Industrial Strategic Framework Plan at Clause 02.04.
Avoid fragmentation of land in undeveloped industrial areas and retain land in large lots subdivision of large and very large vacant industrial landholdings until it is required for development use and development or unless it is demonstrated the land is not suitable to service the needs of large industrial landholdings.
Strategies - Municipal
Support industrial subdivisions in municipal industrial areas that provide a variety of lot sizes to support different industry types.
Retain land to the north-west of Marong zoned Comprehensive Development Zone for future industrial use and development for the municipality and broader region in the longer term to support the demands and growth of industry.
Encourage a variety of uses including industry, warehouses, restricted retail premises and offices in the Bendigo East industrial area in the short term.
Support the redevelopment of the railway workshop in the Bendigo East industrial area for locomotive maintenance and manufacturing.
Support the establishment of a business park at the Bendigo Airport for the development of industrial and commercial uses compatible with the operations of the airport.
Plan for large scale industrial land and regional employment opportunities in Bendigo Regional Employment Precinct in short-medium term.
Maintain secondary industrial areas for a range of industrial uses that do not impact on nearby sensitive uses.
Avoid the expansion of industrial use and development close to abutting residential areas within the Bendigo North industrial area.
Encourage additional warehouses and restricted retail premises in the Epsom Industrial Area.
Support a suitable mix of small-scale industry and other uses including service industry, trade supplies, limited retail premises and associated offices in the Golden Square/Golden Gully industrial area to protect adjoining residential areas.
Provide a mix of industry and other uses including service industry and limited retail premises in the existing Kangaroo Flat West industrial area.
Support small-scale industrial uses and associated businesses in local industrial areas with limitations on industrial uses that require substantial threshold distances.
Retain the existing function of the western part of the California Gully industrial area for demolition and construction waste recycling given its interface with the Eaglehawk Landfill.
Limit the expansion and intensification of industrial uses in the Charleston Road, East Bendigo industrial area to protect surrounding land uses sensitive to off-site industrial effects.
Support light industry, warehouses and materials recycling in the Epsom North industrial area.
Consolidate the Epsom South industrial area with the Epsom Activity Centre over time.
Support manufacturing and warehouses in the western part of the Epsom South-West industrial area.
Support industrial development, warehouses and limited retail at the Depot Road industrial area in Heathcote.
Encourage the expansion of warehouses in the Kangaroo Flat East industrial area.
Retain land for industry and other uses including warehouses, service industry, trade supplies and restricted retail premises in the Long Gully industrial area and consider support for rezoning of adjoining fragmented residential land where it can be demonstrated that traffic, access, interfaces and amenity can be adequately addressed.
Limit expansion and support a limited range of industrial uses in specialised industrial areas. Support a mix of industry and warehouses within the Big Hill industrial area.
Retain a mix of industry and other uses including warehouses, materials recycling, service industry, trade supplies, limited retail and associated offices in the Eaglehawk industrial area.
Provide for rural industries, warehousing and rural stores in the Goornong industrial area.
Support diversification and further development of the Huntly industrial area.
Support small-scale industry and limit industrial use and development with potential for adverse amenity impacts close to the eastern boundary of the Junortoun industrial area where it abuts residential land.
Policy guideline
Industrial strategic framework employment precincts plan
