Brimbank Planning Scheme Amendment C212 brim – Sunshine Landfills Applying the Environmental Audit Overlay (EAO)

Brimbank Planning Scheme Amendment C212brim proposes to apply an Environmental Audit Overlay (EAO) to land that formed part of and / or adjoins the closed Sunshine Landfills, which may be potentially contaminated as a result of those past activities and subsequent site remediation.

The Amendment will apply to the following land:

  • The closed Sunshine Landfills (the former City of Sunshine and Hulett Street municipal landfills), located at 570 and 570A Ballarat Road and 27 Carrington Drive, Albion and 137A Denton Avenue, St Albans (owned by Brimbank City Council)
  • 39, 41, 43, 45, 47, 49, 51, 53, 55, 57, 59, 61, 63, 65, 67, 69, 71, 73, 75, 77, 79, 81, 83, 85, 87, 89, 91, 93, 95, 97, 99, 101, 103, 1/105, 2/105, 107, 109, 111, 113, 115, 117, 119, 121A, 121B, 121, 123A, 123B, 123, 125,  127, 129, 131, 133, 135, 137, 139, 141, 143 Denton Avenue St Albans            
  • 4, 5, 6, 7 and 8 Toora Court, St Albans
  • 1, 2, 3, 4, 5, 6, 7 and 8 Karen Place, St Albans
  • 19 and 20 Carrington Drive, Albion and
  • 576, 562-568, 556-560 and 528A and 528B Ballarat Road, Albion.

The EAO will require an environmental audit to be completed prior to the commencement of any new sensitive use (residential, child care centre, pre-school centre or primary school) or buildings and works associated with a sensitive use.

An audit will not be required for the continuation of any existing uses.

The audit required by the EAO is an audit pursuant to section 53X of the Environment Protection Act 1970, and will provide an assessment of whether any clean-up of land and/or management controls are necessary, having regard to the use of the land.

For all land that is the subject of the Amendment, including non-sensitive land e.g. industrial land, the EAO will provide appropriate notice to landowners of land characteristics relating to potential land contamination, which may impact development of that land and/or a proposed rezoning. The EAO would also act as notice to existing and future landowners that the land is potentially contaminated. Details of the Amendment can be viewed here:

Exhibition of the Amendment

Amendment C212brim was on public exhibition from 25 June to 8 August 2020.

At the Brimbank City Council Ordinary Council Meeting on 15 September 2020, Council considered all submissions received about Amendment C212brim to inform a future Planning Panel. This consideration supplemented Council’s previous decision at the Ordinary Council Meeting on 18 February 2020 which delegated the Director City Development to request the Minister for Planning to appoint an Independent Panel to review any submissions received.

Planning Panel

On 18 September 2020, a Planning Panel was appointed and the Planning Panel Hearing was held from Monday 7 December to Wednesday 9 December 2020.

The Planning Panel Report is now available for viewing here: Brimbank C212brim Panel Report

A report will be prepared for a future Ordinary Council Meeting which includes the Planning Panel Report, so that Council can make a decision about the Amendment. All submitters to Amendment C212brim will be notified prior to this meeting.

Further information

Please contact Council's Strategic Planning Unit on 9249 4000.