Overview

The Department of Environment, Land, Water and Planning (DELWP) is proposing updates to the Planning Policy Framework and Clause 53.10 of the Victoria Planning Provisions. Our proposed updates aim to improve the way the planning system addresses buffers for amenity, human health and safety impacts.

How best to manage the interface between industries and sensitive uses is a longstanding planning issue. Noise, dust, odour and other off-site impacts can pose amenity, health and safety risks to communities, while encroachment of sensitive uses, such as residential development, can threaten the ongoing viability of industries.

Currently, planning approaches to address buffer issues can be complex, which leads to inconsistent decision-making.

The proposed updates to planning provisions will strengthen policy for managing buffers, clarify how industries and other uses need to respond to the potential for off-site impacts and include up-to-date standards and guidelines.

DELWP is inviting feedback on the proposed updates through the survey below. Draft documents can be found in the document library. After receiving submissions from the public, DELWP will consider the feedback and finalise updated planning provisions in early 2020.

Updates are proposed to improve and strengthen Clause 13.07-1S Land use compatibility of the Planning Policy Framework. Key changes proposed are:

  • Additional and updated strategies
  • Reference to the current Environment Protection Authority (EPA) Publication 1518 Recommended separation distances for industrial residual air emissions (replacing the outdated reference)
  • Wording amendments for consistency with EPA framework.

Specific details about proposed changes to Clause 13.07-1S are provided in the document library.

References to the current EPA Publication 1518 are also proposed to replace outdated references in other parts of the Victoria Planning Provisions.

Updates are proposed to modernise and clarify the operation of Clause 53.10. Key changes proposed are:

  • A modernised list of uses and threshold distances, aligned with current EPA advice
  • More production thresholds added to exempt smaller operations
  • More clarity on operation of the clause and links to referral provisions (including replacement of Note 1 and Note 2).

DELWP commissioned a technical review of Clause 53.10, focusing on the list of uses, threshold distances and relevant impacts. The outcomes of this work were used alongside EPA advice to inform the proposed updates to the clause.

Responding to feedback received through public consultation, proposed updates aim to make it clearer how Clause 53.10 operates and links zones and referral provisions.

Specific details about proposed changes to Clause 53.10 are provided in the document library.

Changes to Clause 53.10 will also require consequential changes to other parts of the VPP, including zones and referral provisions.

Below are explanations of some commonly used terms.

Clause 53.10

Clause 53.10 Uses with adverse amenity potential currently sets out threshold distances for industry and warehouse uses that may cause offence or unacceptable risk to the neighbourhood if not appropriately designed and located. The clause operates through the zones and links to referral provisions in the Victoria Planning Provisions.

Planning Policy Framework

The Planning Policy Framework (PPF) comprises general principles for land use and development in Victoria and specific policies dealing with settlement, environment, housing, economic development, infrastructure, and particular uses and development. To ensure integrated decision-making, planning authorities and responsible authorities must take account of and give effect to the general principles and the specific policies contained in the PPF.

Production threshold

Production thresholds apply to some uses and activities in Clause 53.10. The threshold distance in the clause only applies to uses and activities that operate above the corresponding production threshold (e.g. 200 tonnes per year). Production thresholds are used to exempt smaller operations that do not pose a high potential for adverse off-site impacts.

Referral provisions

Currently under Clause 53.10, planning permit applications may need to be referred to the Environment Protection Authority or WorkSafe Victoria in certain circumstances. These agencies are determining referral authorities, so if they object to an application the responsible authority must refuse it, and if they specify conditions, those conditions must be included in any permit granted.

Proposed updates will not change referral arrangements, but the way they are expressed will change.

Sensitive use

Sensitive uses are land uses considered to be sensitive to emissions from industry and other uses due to their impact on amenity, human health and safety. Sensitive uses will differ depending on the type of industry or other use. Examples of sensitive uses include:

  • Houses
  • Residential aged care facilities
  • Child care centres
  • Hospitals
  • Places of assembly
  • Schools

"Sensitive zone"

"Sensitive zones" are zones used to measure threshold distances in Clause 53.10. These are included in the clause because they generally support or encourage sensitive uses and may not be compatible with land uses that have potential off-site impacts. As part of proposed updates to Clause 53.10, the following will be listed as "sensitive zones":

  • Activity Centre Zone
  • Capital City Zone
  • Commercial 1 Zone
  • Docklands Zone
  • Residential zones
  • Rural Living Zone

Threshold distance

The threshold distance is the shortest distance between the property boundary of a proposed Clause 53.10 land use or buildings and works and land in "sensitive zones", land used for a hospital or education centre or land in a Public Acquisition Overlay to be acquired for a hospital or education centre.

Victoria Planning Provisions

The Victoria Planning Provisions is a document containing a comprehensive set of planning provisions for Victoria. It is not a planning scheme and does not apply to any land. It is a statewide reference used, as required, to construct a planning scheme.

Zone

The planning scheme zones land for particular uses, for example, residential, industrial, business or other. The zones are listed in the planning scheme and each zone has a purpose and set of requirements. This information describes if a planning permit is required, and the matters that the council must consider before deciding to grant a permit.

Document library

Draft planning provisions - proposed updates

These are the proposed draft documents for updates to the Planning Policy Framework and Clause 53.10.

Draft Clause 13.07-1S
PDF (55.67 KB)
Draft Clause 13.07-1S - accessible version
MS Word (3.60 MB)
Draft Clause 53.10
PDF (129.33 KB)
Draft Clause 53.10 - accessible version
MS Word (3.60 MB)

Specific changes to planning provisions

This document outlines details about how proposed updates will change the current Planning Policy Framework and Clause 53.10.

Specific changes to planning provisions
PDF (201.19 KB)
Specific changes to planning provisions - accessible version
MS Word (253.43 KB)

Examples of changes to other planning provisions

These draft extracts of the Industrial 1 Zone and Clause 66.02 show how proposed updates to the Planning Policy Framework and Clause 53.10 will affect other planning provisions.

Draft extract - Clause 33.01 (IN1Z)
PDF (89.10 KB)
Draft extract - Clause 33.01 (IN1Z) - accessible version
MS Word (3.33 MB)
Draft extract - Clause 66.02
PDF (72.42 KB)
Draft extract - Clause 66.02 - accessible version
MS Word (3.60 MB)

Have your say

Please complete the following survey.
1a. Updates to the Planning Policy Framework (Clause 13.07-1S) Required

Please indicate whether you agree or disagree with the following statements.

Strongly disagree
Disagree
Neither agree nor disagree
Agree
Strongly agree
Including human health and safety impacts within the scope of the clause is important.
The additional and updated strategies adequately support the need to protect existing industrial, commercial and other uses from encroachment.
It is helpful to include the current EPA guideline on separation distances as a policy document.
1b. Do you have any other comments about elements of the draft Clause 13.07-1S? (Optional)

You may select one or more.

2a. Updates to Clause 53.10 Required

Please indicate whether you agree or disagree with the following statements.

Strongly disagree
Disagree
Neither agree nor disagree
Agree
Strongly agree
The operation of the clause will be clearer than it is now, including how it links to zones and referral provisions.
The updated list of “sensitive zones” where the threshold distance applies is relevant.
The list of uses and activities seems appropriate.
The threshold distances for uses and activities seem appropriate.
It is clear how to measure and apply the threshold distances.
How referrals operate is clear with the replacement of Note 1 and Note 2.
2b. Do you have any other comments about elements of the draft Clause 53.10? (Optional)

You may select one or more.

I am making this submission: Required
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Privacy statement

The Department of Environment, Land, Water and Planning (DELWP) is committed to protecting personal information provided by you in accordance with the principles of the Victorian privacy laws. The submission you provide to DELWP will be used to help finalise proposed updates to planning provisions.

The information you provide will be made available to DELWP and de-identified, to develop a consultation report. This report will be made available online.

Your contact details may be used to contact you should we need to clarify your submission or to provide you with project updates.

To protect individual privacy, DELWP will remove your name and address from your submission when we receive it.

If you do not wish to be identified, please ensure there is no other information in your submission that could identify you or other individuals.

De-identified submissions may be used by DELWP, or its contracted service providers under confidentiality agreements, in preparing its recommendations to government.

Please note, if all requested information is not received we will not be able to process your submission. If you do not provide your email address we will not be able to identify your submission if you wish to access it, make a correction, or require technical support.

Should you need to correct the information you provided or gain access to your submission, please contact us via email at planning.systems@delwp.vic.gov.au.