Brimbank Planning Scheme Amendment C212brim applied the 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 EAO now applies 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
- 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 approved Amendment can be viewed here:
https://planning-schemes.app.planning.vic.gov.au/All%20schemes/amendments/C212brim?schemeCode=brim
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 available for viewing here: Brimbank C212brim Panel Report (PDF 3.6 MB)
Council adoption
A report was presented to Council at the Ordinary Council Meeting on 16 March 2021. The report presented the Planning Panel Report to Council, and recommended that Council adopt all changes recommended by the Panel. Changes included removing 4 and 5 Toora Court from the EAO. In line with the recommendations, Council resolved to adopt a modified version of the amendment and submit to the Minister for Planning for approval.
Approval
The Minister for Planning has now approved Amendment C212brim, with changes, to apply the Environmental Audit Overlay (EAO) to land affected by the closed Sunshine Landfills. The approval came into effect on Wednesday 21 September 2022 when the notice of approval of Amendment C212brim was published in the Victorian Government Gazette.
Further information
Please contact Council's Strategic Planning Unit on 9249 4000.