CITY OF GREATER GEELONG AGENDA PLANNING COMMITTEE MEETING NO 187 TO BE HELD AT CITY HALL GHERINGHAP STREET, GEELONG ON MONDAY, 25 JULY 2016 AT 7.00 P.M.

1.

Committee Members Present

2.

Officers Present

3.

Apologies

4.

Confirmation of Minutes

5.

Declaration of Interest

6.

Matters for Consideration

7.

Late Reports

8.

Next Meeting

Dr K Alexander Chair 25 July 2016

Committee Membership Dr K Alexander, Administrator (Chair) L Gardner, Administrator P Dorling, Administrator

Distribution: P Bettess, General Manager – Planning & Development J van Slageren – City Development R O’Loghlen – Statutory Planning M Nigido – Building Services G Russell – Communications & Marketing Town Planners

INDEX Application No.

Subject Address:

Proposed Use:

Page No.

32-2015

715 Ballan Road, Moorabool

Use the land for Intensive Animal Husbandry (Goat Farming), Associated Buildings and Works including Earthworks and Caretakers Dwelling

3

1204-2015

240 Forest Road South, Lara

Use and Development of Land for Intensive Animal Husbandry (Goat Farming), Milk Processing Plant and Creation of an Access to a Road Zone 1

41

Planning Committee Meeting No:187 Date: 25 July 2016

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Application No:

32/2015

Applicant:

Spiire Australia Pty Ltd - Geelong Office

Subject Land:

715 Ballan Road, MOORABOOL

Owner:

Nuchev Property Pty Ltd

Zone:

Farming Zone

Overlays:

Environmental Significance Overlay Schedule 4

Existing Use:

Vacant agricultural buildings

Proposed Use:

Use the land for Intensive Animal Husbandry (Goat Farming), Associated Buildings and Works including Earthworks and Caretakers Dwelling

Subject Site

715 Ballan Road, MOORABOOL

Planning Committee Meeting No:187 Date: 25 July 2016

Summary 

The subject site is located on the west side of Ballan Road in Moorabool, approximately 13km south west of the Lara township and 2km west of the Lovely Banks growth area and Urban Growth Zone.



The site has an area of 39.42ha and a frontage of 400 metres to Ballan Road. Its southern boundary abuts Atkinsons Road. There are existing agricultural buildings, some of which are derelict, located generally to the east towards Ballan Road, with remnants of a dwelling and horticultural structures also on the site.



The site is relatively flat with a very gradual slope to the west and south west, towards Sutherlands Creek. Vegetation primarily exists within in the Ballan Road frontage around the existing buildings. Two (2) Electricity Transmission Easements traverses the western side of the site.



The surrounding land is also within the Farming Zone and consists of similar sized allotments generally used for grazing and general farming. Some of the lots are also development with dwellings and associated outbuildings. The nearest dwellings to the site are within 500 metres of the site and located to the northeast and north of the site.



Opposite the site is the site of the Moorabool Terminal Station with a number of surrounding properties containing high voltage 220k power lines



Nuchev is an Australian based company specialising in goat milk products, and more specifically sells a range of goat infant formula products globally. Nuchev seeks to expand its Victorian operations across two separate sites in Geelong, with a breeding facility already in operation outside of this municipality.



The proposal seeks to accommodate up to 14,000 goats on site in two Goat Farming Units. Each of the units will also have a milking parlour attached and areas designated for kid rearing.



A hay storage unit and three grain storage silos are also proposed for the site.



The site is proposed to be operated between 4am and 11 pm, 7 days a week. A total of 30 full time equivalent staff will be employed for administration, animal health and feeding roles.



A single storey caretakers dwelling is proposed in the approximate location of the derelict dwelling near the frontage of the site. The dwelling is required in order to provide 24 hour management of the goat farm.



The subject site (and surrounding properties) are located with a Farming Zone. The site is also included within the Environmental Significance Overlay – Schedule 4 (Grasslands within the Werribee Plains Hinterland).



As a result of the public notice of the application, a total 464 objections have been lodged with Council.



The majority of the objections relate to concerns regarding animal welfare and animal rights in respect of housing such extensive numbers of goats within confined sheds. These are matters outside of the scope of the Planning and Environment Act.

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Planning Committee Meeting No:187 Date: 25 July 2016 

The main concerns of the balance of the objections relate to amenity impacts from the proposal and can be summarised as follows:  Odour impacts to surrounding properties  Insufficient buffer distance to existing dwellings  Q Fever risk to surrounding property and nearby community  Traffic impacts to local roads  Dust emissions causing nuisance to adjoining and nearby properties  Increase of pest animals and insects in the area  Environmental risks and potential for ground water contamination and waste water overflow into surrounding properties and creeks



The Environment Protection Authority is the relevant authority for environmental impacts including odour emissions. The EPA Works Approval was issued on 26 May 2015. The approval addresses the construction and management of the site and requires ongoing reporting in relation to environmental impacts including odour, noise, wastewater and Q Fever Risk Management.



A Q Fever risk management plan was prepared to address the potential risks of the proposed goat dairy acting as a source of human infections leading to Q Fever in humans either within or outside the farm. The Department of Health and Human Services has reviewed the risk management plan and is satisfied that subject to the implementation of the plan, there will be ‘no increased risk of acquisition of Q Fever in the community’ and has set out specific conditions and controls to be contained within the Works Approval. The EPA has included these within the works approval.



The application has been assessed against the relevant State and Local Planning policies, Farming Zone, Environmental Significance Overlay and Particular Provisions of the scheme.



The proposal is considered to meet the objectives the scheme as they relate to supporting and enhancing agricultural pursuits on appropriately zoned land and to protect Victoria’s agricultural base as an important component of the State’s economy.



Support of the application is recommended subject to the conditions set out in the report.

Recommendation That the Responsible Authority having considered all matters which the Planning and Environment Act, 1987, requires it to consider, decides to Issue a Notice of Decision to Grant a Planning Permit for the Use the land for Intensive Animal Husbandry (Goat Farming), Associated Buildings and Works including Earthworks at 715 Ballan Road, MOORABOOL in accordance with the plans submitted with the application and subject to the following conditions:

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Planning Committee Meeting No:187 Date: 25 July 2016 Amended Plans 1.

Prior to the commencement of the use and/or development, three (3) copies of amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans submitted with the application on 31 August 2015 but modified to show: a) Location of screening and wind break planting on the perimeter of the site for prevention of dust emissions b) Location of gates required from Atkinsons Road to allow for truck queuing as required by this Planning Permit. c) Location of the truck wash bay for each Goat Farming Unit to be shown on the site plan.

Endorsed Plans 2.

The use and development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

Use only in conjunction with EPA Works Approval 3. The use and development authorised by this permit must only be conducted with any Works Approval issued by the Environment Protection Authority. In the event the Works Approval is terminated this permit will expire. Land Management Plan 4.

Prior to the commencement of the development, three (3) copies of a Land Environmental Management Plan prepared by a suitably qualified or experienced person/s to the satisfaction of the Responsible Authority. The issues to be addressed by the Land Management Plan must include: a) Methods for the control and eradication of weeds; b) Methods for the control of pest animals; c) Re-vegetation of the site including proposed species and ground stabilisation d) Measures to ensure the on-going effectiveness of the Land Management Plan. e) Implementation schedule

5.

The Land Management Plan, once approved, will form part of this planning permit and must be implemented to the satisfaction of the Responsible Authority

Landscape Plan 6.

Prior to the commencement of development, three (3) copies of a landscape plan prepared by a suitably qualified or experienced person, to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority. The plan(s) must be drawn to scale and show:

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Planning Committee Meeting No:187 Date: 25 July 2016 a)

A survey (including botanical names) of all existing vegetation to be retained and/ or removed; b) Details of surface finishes of pathways and driveways; c) A planting schedule of all proposed trees, shrubs and ground covers including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant; d) Landscaping and planting within all open areas of the site; e) All screen and wind break planting When approved, the plan will be endorsed and form part of the permit, all to the satisfaction of the Responsible Authority. 7.

Prior to the commencement of the use, the landscaping works as shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority unless otherwise approved in writing by the Responsible Authority.

8.

The landscaping shown on the endorsed plans must be maintained to the satisfaction of the Responsible Authority

Animal Numbers 9.

No more than 14,000 goats may be kept on the subject land at any time. When animal numbers are at capacity there must be no Bucks on site. The ratio of Does to Bucks must be as per the Environmental Management Plan Framework submitted with the application and prepared by EnviroRisk (August, 2015).

General Amenity 10.

The amenity of the area must not be detrimentally affected by the use or development through the: a) Transport of materials, goods or commodities to or from the land; b) Appearance of any building, works or materials; c) Emission of noise, artificial light, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil; d) Presence of vermin; to the satisfaction of the Responsible Authority and in accordance with any management plan approved by the Environment Protection Authority.

Delivery Hours 11.

Unless otherwise approved in writing, deliveries to and from the site must only take place between:  6.00am and 10.00pm Monday to Saturday  7.00am and 6.00pm Sunday to the satisfaction of the Responsible Authority

Noise 12.

Noise levels emanating from the premises must not exceed those required to be met under Policy Noise from industry in regional Victoria (‘NIRV’ — EPA publication 1411).

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Planning Committee Meeting No:187 Date: 25 July 2016

13.

Council may direct in writing the preparation of an Acoustic Assessment to demonstrate compliance with this condition in the event concerns are raised with noise emissions from this site. Recommendations deemed necessary by the Responsible Authority which is outlined in any such report must be implemented to the satisfaction of the Responsible Authority.

Caretakers Dwelling 14.

The use of the caretakers dwelling must at all times be in association with the Intensive Animal Husbandry use of ht eland approved by this permit.

15.

Access to the dwelling must be provided via an all-weather road with dimensions adequate to accommodate emergency vehicles.

16.

The dwelling must be connected to a reticulated sewerage system or if not available, the waste water must be treated and retained on-site in accordance with the State Environment Protection Policy (Waters of Victoria) under the Environment Protection Act 1970.

17.

The dwelling must be connected to a reticulated potable water supply or have an alternative potable water supply with adequate storage for domestic use as well as for fire fighting purposes.

18.

The dwelling must be connected to a reticulated electricity supply or have an alternative energy source.

Traffic 19. Prior to the commencement of the use, Atkinsons Road must be constructed from Ballan Road until west of the proposed access in accordance with the Infrastructure Design Manual as a Rural Living Access Road and in accordance with plans submitted to and approved by the Responsible Authority. The plans must show: a) The construction of the intersection to Ballan Road to the satisfaction of the RA. b) An asphalt wearing course for all turning movements (i.e. at Ballan Road and the access into the site) c) A spray seal wearing course along its length where vehicles will not be performing turning movements d) That the Road Design considers both Major and Minor stormwater events. Access and Parking 20.

Unless otherwise approved by the Responsible Authority, prior to the commencement of the use the areas set aside for the parking of vehicles, access lanes and pedestrian paths as shown on the endorsed plans must be:

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Planning Committee Meeting No:187 Date: 25 July 2016 a) b)

constructed; properly formed to such levels that they can be used in accordance with the plans; c) surfaced with an all weather seal coat. d) drained; e) line marked to indicate each car space and all access lanes; f) clearly marked to show the direction of traffic along access lanes and driveways; g) Entry from Atkinsons Road to be constructed per VicRoads SD2065 “Truck Access to Rural Properties” to allow B-Double swept path movements. h) Gates set back from Atkinsons Road to allow for truck queuing to the satisfaction of the Responsible Authority. i) Car spaces, access lanes, pedestrian paths and driveways must be kept available for these purposes at all times to the satisfaction of the Responsible Authority. Environment Protection Authority 21.

The proponent must apply for and be issued with a works approval from the Environment Protection Authority with respect to the B01 Intensive Animal Industry prior to any works beginning.

VicRoads 22.

Before the commencement of the use, the following works at the Geelong Ballan Road - Atkinsons Road intersection must be completed at no cost to, and to the satisfaction of VicRoads (the Roads Corporation): a) Upgrade and widening of the existing intersection. b) Widening of existing road pavement to accommodate a right turn lane c) Widening of existing road pavement to accommodate a left turn lane d) Installation of street lighting

23.

Prior to the works commencing, the applicant must enter into a works agreement with VicRoads, confirming design plans and works approvals processes, including the determination of fees and the level of VicRoad’s service obligations.

Use Expiry 24.

This permit will expire if one of the following circumstances applies: a) The use hereby permitted is not commenced within two (2) years of the date of this permit. b) The Works Approval (approved by the Environment Protection Authority) is terminated, cancelled or revoked. The Responsible Authority may extend the periods referred to if a request is made in writing within six (6) months of the date of expiry.

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Planning Committee Meeting No:187 Date: 25 July 2016

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Development Expiry 25.

This permit as it relates to the development of buildings will expire if one of the following circumstances applies: a) The development of the building(s) hereby approved has not commenced within two (2) years of the date of this permit. b) The development of the building(s) hereby approved is not completed within four (4) years of the date of this permit. The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires; or a) Within six (6) months after the permit expires where the use or development has not yet started; or b) Within twelve (12) months after the permit expires, where the development allowed by the permit has lawfully commenced before the permit expiry.

Report The Site & Locality The subject site is located on the west side of Ballan Road in Moorabool, approximately 13km south west of the Lara township and 2km west of the Lovely Banks growth area and Urban Growth Zone. The site has an area of 39.42ha and a frontage of 400 metres to Ballan Road. Its southern boundary abuts Atkinsons Road for a length of 1095 metres. There are existing agricultural buildings, some of which are derelict, located generally to the east towards Ballan Road, with remnants of a dwelling and horticultural structures also on the site. The site is relatively flat with a very gradual slope to the west and south west, towards Sutherlands Creek. Vegetation primarily exists within in the Ballan Road frontage around the existing buildings. Two (2) Electricity Transmission Easements traverses the western side of the site. The easements have a total width of 58 metres. An existing vehicle crossover on the southern side of the Ballan Road frontage provides for access to the site.

The surrounding land is also within the Farming Zone and consists of similar sized allotments generally used for grazing and general farming. Some of the lots are also development with dwellings and associated outbuildings. The nearest dwellings to the site are within 500 metres of the site and located to the northeast and north of the site. Opposite the site is the site of the Moorabool Terminal Station with a number of surrounding properties containing high voltage 220k power lines.

Planning Committee Meeting No:187 Date: 25 July 2016

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Nearest Dwelling

Proposal Nuchev is an Australian based company specialising in goat milk products, and more specifically sells a range of goat infant formula products globally. Nuchev seeks to expand its Victorian operations across two separate sites in Geelong, with a breeding facility already in operation outside of this municipality. The goats will be housed, fed and milked in two separate Goating Farming Units with each unit consisting of four open sided sheds. Each unit will measure 286.6m x 139m and will have height of 7.5 metres. The units are to be constructed in colourbond and with metal roof sheeting. Each unit is able to accommodate up to 7000 goats and more specifically Does. Bucks will not be housed on site during peak stocking rates. Kid rearing for two months of the year will be accommodated in separate areas within each shed. Kids will then be taken offsite for agistment. Each shed will have a milking parlour attached. The design of the shed and milking parlour provides for physical separation of the goat housing area and the parlour in accordance with best practice for dairy farming. Milk is to be stored within the goat farming unit before it is taken off site for processing. In this area the milk will be snap chilled, placed in a vent and on the second day will be picked up via truck. A hay storage unit and three grain storage silos are also proposed for the site.

Planning Committee Meeting No:187 Date: 25 July 2016

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The site is proposed to be operated between 4am and 11 pm, 7 days a week. A total of 30 full time equivalent staff will be employed on a shift basis for administration, animal health and feeding roles. Staff amenities are provided in the milking parlour building. Feed will be transported to the site via feed trucks and will be distributed in the feed lanes within each goat shed. The sheds also include water point location to allow for separation of the two areas for the purposes of reducing opportunities for contamination between the feed and watering points. Exposed concrete finish will be used for flooring within the feed lanes, central goat circulation area and milking parlour building. The goat holding areas will include natural soil/sand flooring and litter for waste absorption. The buildings are proposed to be located to the rear of the site with access proposed off Atkinsons Road. Traffic and Parking The Traffic Assessment submitted with the application (Civil and Traffic Consulting, 2015) was based on the original application which sought approval for a 28,000 goat facility over four goat farming units and included the following observations:     

One milk pick up per day, semi-tanker orientated from the south (towards Geelong); Feed deliveries 12 times per day (24 trips) in b-double vehicles, orientated 50% from south and 50% from north; Waste disposal 1 per fortnight (2 trips) orientated from the south towards Geelong; Live animal deliveries 1 per month (2 trips) in b-double vehicles orientated 50% from south and 50% from north; Staff, expect approximately 140 light vehicle trips per day from staff (70 arriving and 70 departing) orientated 80% from south and 20% from north.

The report predicts the maximum average generated daily traffic will be approximately 170 vehicle trips per day of which 140 will be light vehicle trips and 30 large (b-double) vehicle trips. The light vehicle trips (staff) are now reduced to 120 per day based on the reduction of goat numbers and subsequent reduction of staff numbers to 30. A truck wash adjacent to each goat farming unit is also proposed in response to biosecurity management. All trucks transporting waste material and animals will be moved to and parked on the concrete wash pad area before leaving the site. Animal and general waste The Solid Waste Management Plan submitted with the application lists the following sources of solid waste for the proposal:

Planning Committee Meeting No:187 Date: 25 July 2016       

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Floors in the goat farming units will have litter to absorb and collect manure and urine A total of 7.50 tonne of litter material will be produced annually at peak stocking and kid rearing The litter material is removed and replaced with fresh litter two to three times per year Approximately 1.8 tonne of waste feed will be produced each day at peak stocking An average mortality rate of 2% per year is suggested which equate to an estimated 300 (goat and kid) carcasses requiring disposal each year. Cool storage is provided for carcasses prior to disposal. Large solids are proposed to be separated form wastewater by the use of solid traps prior to discharge to the treatment lagoons. Solids are removed fortnightly and then applied to land as fertiliser. The lagoons used to tret runoff from the laneways and milking parlour will require periodic de sludging.

The report also identifies management approaches as shown in the following table:

Odour An Air Quality Assessment report was prepared by Etkimo and submitted to Council on 31 August 2015. The report assesses the compliance of the proposal with the requirements of the State Environmental Protection Policy for Air Quality Management (SEPP-AQM) in relation to impact on the nearest sensitive land uses.

Planning Committee Meeting No:187 Date: 25 July 2016

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These are identified as dwellings within 530 and 1500 metres from the site of the goat farming units. As there are no comparable facilities within Australia, the report has been prepared using an approved model, EPA guidelines and five years of meteorological monitoring data representative of the site. The predominant sources of odour are identified as the goats and the accumulated litter within each enclosure. The odour emissions from the goat and litter were based on direct measurements from an existing facility in New Zealand that houses both does and bucks. No in season bucks are proposed for this site when the peak stock numbers are reached. The derived odour emission rates were reduced with the removal of in season bucks and measured in comparison with does at a breeding facility in Victoria. The report identifies that with the exception of the nearest single dwelling, the peak odour predictions are complaint with the SEPP-AQM. The SEPP-AQM however does allow for the conduct of an Environmental Risk Assessment (ERA) where a design criterion is not met. The guidelines for conducting an ERA for intensive animal industries are currently being developed. In the absence of definitive guidance, the applicant sought advice from the EPA and a draft risk metric was provided for intensive farming in a rural zone. A risk metric approach was also recently applied by VCAT for a proposed broiler farm. An ERA assesses the frequency of predicted odour concentrations at the sensitive receiver locations so as to inform likelihood and consequence. The ranges of consequence are based on three categories:   

1 – 5 OU, Very weak odour that would not usually be detectable within the background ambient palette (i.e. Operations are unlikely to cause off‐site impacts); 6 – 9 OU, Weak odour that may be distinguishable from background (i.e. Operations cause minimal off‐site impacts); and 10+ OU, Moderate intensity odour and above that is noticeable and identifiable (i.e. Operations cause some or more off‐site impacts).

The risk is equated to the likelihood x consequence of odour dis‐amenity arising from the odorous emissions from the intensive animal industry operations, as detailed within the defined Risk Metric, whereby:  L = Low Risk: The proposed development is unlikely to create adverse odour amenity problems (manage with standard operational measures);  M = Medium Risk: The proposed development may create some adverse odour amenity problems (community engagement, Environmental Management Plan and odour reduction measures to be reviewed by EPA); and H = High Risk: The proposed development is likely to create adverse odour amenity problems (siting or scale of proposal to be reconsidered). The following image shows the nearest dwellings numbered while the black rings identify the predicted odour contours with the outer ring being the 5OU (odour units):

Planning Committee Meeting No:187 Date: 25 July 2016

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Figure 8: Predicted 99.9th percentile, 3 minute average 5OU and 10OU contours for individual years 2008 to 2012.

The use of the EPA metric indicated a medium risk of odour disamenity at the nearby residence. This indicates that odour management measures are required. Application of the VCAT risk metric indicates low risk of dis-amenity to the nearest residence to the north and no significant level of risk at the others. The report concludes that an ongoing odour management plan is required to control odour from this site. Odour management measures are outlined as follows:  Regular screening for odour at site boundaries  Refinement of odour management controls as goat numbers increase from 7000 during the first year  No in season bucks when stocking rates are at peak  Litter management  Greenbelt around the site for wind screening including tree planting around boundaries  Retractable side curtains to goat farming units and wind screens on at least three sides  On site weather monitoring station with real time hourly recording of wind speed, direction humidity and temperature  Active community engagement for feedback of effectiveness of odour management procedures and procedures to respond to odour complaints.

Planning Committee Meeting No:187 Date: 25 July 2016

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Water supply The applicant has negotiated a Private Supply Agreement with Barwon Water which will require the construction of a pipeline to connect with Barwon Water exists main on Anakie Road. Rainwater will also be harvested from the buildings and stored in dedicated ponds and pumped for use in the goat farming units and will be used to supplement the potable water supply. Q Fever Risk Assessment A Q Fever risk management plan was prepared to address the potential risks of the proposed goat dairy acting as a source of Coxiella burnetii for human infections

leading to Q Fever in humans either within or outside the farm. Q fever is a zoonotic disease of humans. Infection with the causative agent (C burnetii) occurs in a wide range of animal species and is widespread throughout the world with the exception of New Zealand. Although many animal species are susceptible to infection with C burnetti, human infection is most often associated with direct or indirect contact with goats, sheep and cattle. According to the assessment ‘most human infections in Australia are recorded in Queensland and northern New South Wales. Victoria accounts for only about 7% of human infections recorded each year...and typically occur in recognised at risk occupational groups with animal contact such abattoir workers, shearers, veterinarians and farm workers’. Human infection occurs by inhalation of infected aerosols containing C. burnetti or handling contained bedding, particularly after the animals have given birth or aborted where infected tissues and fluids can come into the environment. Some infections occur outside these risk occupations and are associated airborne spread of the agent over some distance or contact with inanimate objects such as farm workers clothing. At the request of the Department of Health and Human Services (DHHS) the applicant prepared a revised Q Fever Risk Assessment which concludes that if adopted ‘the risk management measures proposed are expected to ensure that the risk of operating on these sites presents, at worst, no higher risk of human infection in the surrounding area that the current background level within the state’. The revised assessment addresses the outstanding concerns raised by DHHS in relation to:  A vaccine development and implementation strategy;  The use of bulk milk testing to identify the presence of infection;  The range of responses to increasing rates of infection in the bulk milk testing  The range of responses to increasing rates of infection in the bulk milk testing or other on site surveillance and also the response to a Q fever outbreak in the community  Confirmation that the selection of vegetation to be used for screening and wind breaks on the perimeter of the site is appropriate for prevention of dust emissions.  Specific risk management measures directed at restricted the areas of the farm where kidding will occur, removal and cleanup/disinfection of potentially infectious material and ongoing monitoring of infection status of the goat flock.

Planning Committee Meeting No:187 Date: 25 July 2016

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Further risk management measures identified in the report include:           

Goats will not pasture and drop down blinds on the goat farming units will be lowered on windy days to prevent windborne dispersal of any dust from within the sheds; Farm activities that could potentially generate aerosols (e.g. loading used bedding material) will be avoided on windy days Windbreaks to be strategically placed on the property taking account of prevailing wind information Laneways used by the goats around the milking parlour and around the goat housing lading areas where bedding is collected will be dampened down when windy days are predicted. Open paddock areas will be sown down and irrigated with treated water All staff working directly with goats, including milk harvesting and processing will leave outer work clothes on sit for laundering, change footwear and wash ands face before leaving the site. In the event of gross contamination of a staff member (e.g. cleaning after an abortion) showering and complete change of clothing will be required before leaving the site Staff vehicles and feed delivery vehicles entering the site will be confined to restricted areas away from high risk areas. Trucks transporting waste materials and animals will be inspected and cleaned as required to remove any visible contamination. Used bedding from sheds will be dampened down before loading on trucks for removal from site and avoid windy days. Wastewater treatment ponds and winter storage ponds will be regularly monitored to ensure that no wastewater leaves the site.

Caretakers dwelling A single storey caretakers dwelling is proposed in the approximate location of the derelict dwelling near the frontage of the site. The dwelling is required in order to provide 24 hour management of the goat farm. The dwelling is proposed is the general location of the former dwelling on the site. Greater Geelong Planning Scheme Definition and Nesting Pursuant to Clause 74 Intensive Animal Husbandry is defined as ‘land used to keep or breed farm animals, including birds, by importing most food from outside the enclosures’ and is nested under Agriculture (Clause 75.02). Pursuant to Clause 74 a Caretaker’s house is defined as ‘a dwelling on the same site as a building, operation, or plant, and occupied by a supervisor of that building, operation, or plant’. Pursuant to Clause 75.01 a Caretaker’s dwelling is nested under Accommodation.

Planning Committee Meeting No:187 Date: 25 July 2016

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Zone The subject site (and surrounding properties) are located with a Farming Zone. The purpose of the zone is:      

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide for the use of land for agriculture. To encourage the retention of productive agricultural land. To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land for agriculture. To encourage the retention of employment and population to support rural communities. To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision

Overlay The subject site is included within the Environmental Significance Overlay – Schedule 4 (Grasslands within the Werribee Plains Hinterland). The purpose of the overlay is:   

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify areas where the development of land may be affected by environmental constraints. To ensure that development is compatible with identified environmental values.

Schedule 4 of the Overlay sets out the following environmental objectives:      

To prevent a decline in the extent and quality of native vegetation and native fauna habitat of the Victorian Volcanic Plain. To enhance the environmental and landscape values of the area. To avoid the fragmentation of contiguous areas of native vegetation or native fauna habitat. To ensure that any use, development or management of the land is compatible with the long-term conservation, maintenance and enhancement of the grasslands. To avoid the destruction of habitat for native fauna resulting from the modification of land form and disturbance of surface soils and rocks. To enable areas of environmental significance, due to their native vegetation or habitat values, to be identified.

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Permit required clause and condition 

Pursuant to Clause 35.07-1 of the Farming Zone, a permit is required to use the land for the purpose of Intensive Animal Husbandry



Pursuant to Clause 35.07-1 of the Farming Zone, a permit is required to use the land for the purpose of a dwelling.



Pursuant to 35.07-4 of the Farming Zone, permit is required to construct a building or carry out works associated with a use in Section 2 of Clause 35.07-1.



Pursuant to Clause 42.01-2 of the Environmental Significance Overlay a permit is required to construct a building or construct or carry out works and to remove native vegetation.



Pursuant to Clause 52.17 of the Particular Provision – Native Vegetation, a permit is required to remove, destroy or lop native vegetation, including dead native vegetation.

Restrictive Covenant The subject site is encumbered by two covenants as follows: Covenant as to part Y002125L and Covenant as to part Y002126H Details: Electricity Transmission Easements & Covenant. The covenants require free and full access to the land within the easement and that the land within the easement be clear of any obstructions, accumulation of water and free of any buildings or anything which may be an obstruction including any trees or any structure. The covenant also refers to the requirements of the Commission to keep the owners and successors in title from and against all damage injury or nuisance which may be caused or occasioned by the transmission of electricity. The proposal does not contravene the matters set out in the covenant as all buildings and works are outside of the easement area. Cultural Heritage Management Plan (CHMP) The Aboriginal Heritage Regulations 2007 specify the circumstances in which a Cultural Heritage Management Plan is required for an activity or class of activity. Areas of cultural heritage sensitivity are defined within Part 2 - Division 3 of the Aboriginal Heritage Regulations 2007. Part 2 - Division 3 does not identify the site or part of the site as within an area of cultural heritage sensitivity. In accordance with the above assessment, a Cultural Heritage Management Plan is not required. COASTAL INUNDATION AND EROSION: Clause 13.01-1 of the SPPF requires the Responsible Authority to consider the potential coastal impacts of climate change.

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Strategies include:  



In planning for possible sea level rise, an increase of 0.2 metres over current 1 in 100 year flood levels by 2040 may be used for new development in close proximity to existing development (urban infill). Plan for possible sea level rise of 0.8 metres by 2100, and allow for the combined effects of tides, storm surges, coastal processes and local conditions such as topography and geology when assessing risks and coastal impacts associated with climate change. Consider the risks associated with climate change in planning and management decision making processes.

The subject site is not located within close proximity of existing urban development. Councils data indicates that the site unlikely to be affected by the potential coastal impacts of climate change at 2040. LANDFILL GAS RISK ASSESSMENT Before deciding on a Planning Permit application, a Responsible Authority is required to consider, amongst other things:  

Any significant effects the responsible authority considers the environment may have on the use or development [S 60(1) of the PEA]. Clause 13.01-1 of The State Planning Policy Framework which aims to ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely.

The EPA has adopted the “Best Practice Environmental Management, Siting, Design Operation and Rehabilitation of Landfills” (September 2010) or “Landfill BPEM.”. The Landfill BPEM identifies that:  Risks associated with landfill gases may occur for at least 30 years post-closure.  Appropriate buffer distances must be maintained between the landfill and sensitive land uses. The BPEM recommends a 500 metre buffer for landfills that contained putrescible waste and 200 metres for landfills that contained nonputrescible waste.  Where the recommended buffers are unavailable, it must be demonstrated that risks are suitably mitigated.  All buildings and structures and associated infrastructure should be considered. The BPEM specifies that development undertaken within a buffer distance of up to 500 metres may be at risk. As the subject site is not located within 500 metres of an identified former landfill site, a risk assessment is not required. Officer Direct Or Indirect Interest: No Council officers have any direct or indirect interest in the matter to which this report relates, in accordance with Section 80 (C) of the Local Government Act.

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Car Parking The use of the land of Intensive Animal Husbandry is not listed in the table to Clause 52.06-5. Where a use of land is not specified in Table 1 or where a car parking requirement is not specified for the use in another provision of the planning scheme or in a schedule to the Parking Overlay, before a new use commences or the floor area or site area of an existing use is increased, car parking spaces must be provided to the satisfaction of the responsible authority. A total of 30 car spaces are proposed on site for staff and visitors. State Planning Policy Framework 11.05-3 - Rural Productivity Objective To manage land use change and development in rural areas to promote agriculture and rural production. Strategies Prevent inappropriately dispersed urban activities in rural areas. Limit new housing development in rural areas, including: 

Directing housing growth into existing settlements.



Discouraging development of isolated small lots in the rural zones from use for single dwellings, rural living or other incompatible uses.



Encouraging consolidation of existing isolated small lots in rural zones.

Restructure old and inappropriate subdivisions 12 – Environmental and Landscape Values Planning should help to protect the health of ecological systems and the biodiversity they support (including ecosystems, habitats, species and genetic diversity) and conserve areas with identified environmental and landscape values. Planning must implement environmental principles for ecologically sustainable development that have been established by international and national agreements. Foremost amongst the national agreements is the Intergovernmental Agreement on the Environment, which sets out key principles for environmental policy in Australia. Other agreements include the National Strategy for Ecologically Sustainable Development, National Greenhouse Strategy, the National Water Quality Management Strategy, the National Strategy for the Conservation of Australia’s Biological Diversity, the National Forest Policy Statement and National Environment Protection Measures. Planning should protect sites and features of nature conservation, biodiversity, geological or landscape value.

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11.07-5 – Agricultural Productivity Objective To secure food, water and energy resources. Strategies Support new opportunities in farming, fisheries and energy in a changing climate. Support a productive, robust and self sustaining region by harnessing existing energy and natural resources while protecting and enhancing farming and natural assets. Protect critical agricultural land, energy and earth resources required to support a growing population by focussing development to existing township areas and directing growth to towns which provide rural services. Provide environmental and liveability benefits through the efficient and effective delivery of water infrastructure and services. 14.01-2 - Sustainable Agricultural Land Use Objective To encourage sustainable agricultural land use. Strategies Ensure agricultural and productive rural land use activities are managed to maintain the long-term sustainable use and management of existing natural resources. Encourage sustainable agricultural and associated rural land use and support and assist the development of innovative approaches to sustainable practices. Support effective agricultural production and processing infrastructure, rural industry and farm-related retailing and assist genuine farming enterprises to adjust flexibly to market changes. Facilitate the establishment and expansion of cattle feedlots, piggeries, poultry farms and other intensive animal industries in a manner consistent with orderly and proper planning and protection of the environment. 14.01-1 - Protection of Agricultural Land Objective To protect productive farmland which is of strategic significance in the local or regional context. Strategies Ensure that the State’s agricultural base is protected from the unplanned loss of productive agricultural land due to permanent changes of land use.

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Consult with the Department of Primary Industries and utilise available information to identify areas of productive agricultural land. Take into consideration regional, state and local, issues and characteristics in the assessment of agricultural quality and productivity. Permanent removal of productive agricultural land from the State's agricultural base must not be undertaken without consideration of its economic importance for the agricultural production and processing sectors. In considering a proposal to subdivide or develop agricultural land, the following factors must be considered: 

The desirability and impacts of removing the land from primary production, given its agricultural productivity.



The impacts of the proposed subdivision or development on the continuation of primary production on adjacent land, with particular regard to land values and to the viability of infrastructure for such production.



The compatibility between the proposed or likely development and the existing uses of the surrounding land.



Assessment of the land capability.

Subdivision of productive agricultural land should not detract from the long-term productive capacity of the land. Where inappropriate subdivisions exist on productive agricultural land, priority should be given by planning authorities to their re-structure. In assessing rural development proposals, planning and responsible authorities must balance the potential off-site effects of rural land use proposals (such as degradation of soil or water quality and land salinisation) which might affect productive agricultural land against the benefits of the proposals. Planning for rural land use should consider: 

land capability; and



the potential impacts of land use and development on the spread of plant and animal pests from areas of known infestation into agricultural areas.

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Local Planning Policy Framework Municipal Strategic Statement Clause 21.07 Economic Development and Employment Clause 21.07-1 Key issues and influences Rural Agricultural production is modest, but locally important and economically significant for landowners. There is potential for growth in agricultural production, particularly aquaculture. Farming activity and the rural landscape are very significant elements to the identity, image and liveability of the City of Greater Geelong. Farming and rural landscapes form non urban breaks and are a critical element to the settlement strategy, tourism function and lifestyle of the region. Farming and agriculture are important and valued activities in the northern area of the municipality, particularly in the Anakie area. Rural land in a number of urban fringe areas accommodates a range of uses and developments which require buffers from residential areas. The City’s rural areas contain important environmental assets. Clause - 21.07-5 Rural Areas Objectives   

To support the use of the northern, western and southern rural areas for productive agriculture. To ensure that rural areas provide an attractive setting through the preservation of a farmed rural landscape. To protect and enhance the Bellarine Peninsula as a productive rural area with highly significant landscapes based on farming and environmental features

Strategies    

Maintain rural land in large and productive parcels, in accordance with the schedules to the farming zones. Minimise non farming land uses in rural areas. Ensure that any non farming land uses will not compromise farming activity in the area. Ensure development in rural areas respects the farmed landscape character, particularly significant landscapes identified through the Coastal Spaces Landscape Assessment Study.

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Ensure that new dwellings do not compromise the productive potential of land and are associated with the productive agricultural use of the land. Encourage agricultural development with export potential and specifically encourage aquaculture and horticulture activities in the rural areas around Avalon Airport.

Local Planning Policies 22.05 - Agriculture, Rural Dwellings and Subdivision The objective of Clause 22.05 of the Local Planning Policy Framework is to:   

support the ongoing use of the rural areas for agriculture and to preserve their farmed rural landscape. ensure that the development of dwellings and excision of existing dwellings in the Farming Zone is consistent with the purpose of the zone and the utilisation of the land for sustainable rural uses. protect agricultural production and the normal operation of agricultural activities by preventing land use conflicts, particularly conflicts associated with the introduction of non-farm related dwellings into rural areas. limit development of new dwellings on prime or high quality agricultural land

Referrals INTERNAL Engineering Services No objection to the proposal subject to the following comments/conditions: Drainage: The two catchments will each have a 100yr retarding basin and a staged overflow to a separate Legal point of discharge (LPOD); a) D01 (2.14 Ha) staged overflow LPOD to the south eastern corner; b) D02 (37.64 Ha) staged overflow LPOD to the south western corner. Rainwater re-use is also proposed for this development, with all roof runoff directed towards a rainwater pond for treatment and re-use. Construction of Atkinsons Road: Per the Infrastructure Design Manual (IDM) Table 6, any rural access road with between 50-150 vehicles per day shall be constructed with a 4.0m seal, therefore plans need to be submitted showing the construction of Atkinsons Road just beyond the proposed access in accordance with IDM & City of Greater Geelong Standards.

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Vehicle Access & Car Parking: Refer to Traffic Engineering comments, noting also the following requirements as laid out in the Traffic Impact Assessment; a) Intersection of Geelong-Ballan Road / Atkinsons Road to be constructed in accordance with AustRoads BAR / BAL treatment for a 110km/hr design speed; b) Entry from Atkinsons Road to be constructed per VicRoads SD2065 “Truck Access to Rural Properties” to allow B-Double swept path movements; c) Gates set back from Atkinsons Road to allow for truck queuing. Due to condition a) above, Engineering recommend referral to VicRoads to assess their requirements for the intersection upgrade of Geelong-Ballan Road / Atkinsons Road, as Geelong-Ballan Road is an RZ1. Officer comment: Conditions regarding access as shown above will be included in the permit however conditions relating to the intersection of Geelong-Ballan Road shown in condition a) above, are included in VicRoads conditions given the road is a Road Zone Category 1. Environment Unit No objection to the proposal subject to the following comments/conditions: Clause 52.17 and ESO4: It is noted within the Okologie Consulting report that the site is highly modified and consists of open pasture dominated by exotic species. Native vegetation was limited to scattered native grasses and sedges covering less 5% of the perennial vegetation cover. As native vegetation is being removed it triggers the requirement for a planning permit under Clause 52.17 as well as the provisions of ESO4. This is acknowledged in the Okologie Consulting report. As it is less than 25% cover no native vegetation offsets are required to be provided. The statement in the Spiire Planning Assessment report which advises that a permit is not required is not correct as outlined above. The site is within an area covered by ESO4 which relates to the grasslands within the Werribee Plains Hinterland within the municipality. The objectives of the ESO4 are:      

To prevent a decline in the extent and quality of native vegetation or native fauna habitat of the Victorian Volcanic Plain. To enhance the environmental and landscape values of the area. To avoid the fragmentation of contiguous areas of native vegetation or native fauna habitat. To ensure that any use, development or management of the land is compatible with the long-term conservation, maintenance and enhancement of the grasslands. To avoid the destruction of habitat for native fauna resulting from the modification of land form and disturbance of surface soils and rocks. To enable areas of environmental significance, due to their native vegetation or habitat values, to be identified.

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Under ESO4 the application requirements specify: 



A description is required of the any proposed disturbance of surface soil or rocks associated with the proposal is required to be addressed including the impact on the integrity of the site from the proposed development, disturbance and removal of rock and indiscriminate weed control. A Land and Environmental Management Plan is required to address the following: o The control and manage listed weeds and pest animals on site. o Any proposals for revegetation including proposed species and ground stabilisation.

It is not considered that the first dot point has been clearly addressed within the submitted reports. This could be addressed as a condition of permit as part of the Land and Environmental Management Plan. In respect to the Land and Environmental Management Plan, this was recommended to be prepared in the Okologie Consulting report. It could be a condition of permit if one is issued. The specific wording of this condition can be provided if and when required. Officer Comment: A condition requirement a Land Management Plan will be required by way of permit condition. The Environment Unit also made comment with respect to wastewater management, waste management and land contamination. These matters however are addressed through the EPA Works Approval and Councils Environmental Heath Unit. Traffic Engineer The use of Atkinsons Rd as the primary access to the site should only be supported providing that there is a permit condition that the applicant constructs the road from Geelong – Ballan Rd until just west of the proposed site access. A BAR (Basic Right Turn Intersection) type intersection will need constructing in Geelong – Ballan Rd (subject to VicRoads conditions). If the applicant does not accept the construction of Atkinsons Rd, then an alternative access via a private road should be considered, with the access to be no less than 20 m north of the Atkinsons Rd intersection. No site access from Atkinsons Rd should be allowed. Otherwise, there are no other issues regarding the internal roads or parking provision. Officer comment: The condition regarding access and construction of Atkinsons Road is to be included in the planning permit.

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Environmental Health Concerns raised regarding noise, dust and odour issues, pest control management plan, wastewater, and infectious disease control. Officer comment: It is considered that the matters raised by the Environmental Health unit have been considered by EPA and DHHS and the relevant approvals have been issued. These matters will be further discussed below; however it is important to note that the EPA is responsible for preventing or controlling pollution and improving the quality of the environment. The EPA will issue a works approval when satisfied that an applicant has put in place measures to protect the environment. EXTERNAL Environment Protection Authority EPA does not object to Council issuing a planning permit, provided the following condition is included in the permit: The proponent must apply for and be issued with a works approval from the Environment Protection Authority with respect to the B01 Intensive Animal Industry prior to any works beginning. To assist council with its consideration of this application, EPA's Development Assessment Unit have advised that EPA's assessment of the works approval application is still underway. Following advertising of the proposal, EPA has received one formal objection letter from a local resident. Comments from the Department of Health and Human Services have also been sought and will be considered in the assessment. The works approval assessment is considering potential odour impacts from the sheds and waste water treatment plant, with the sheds having the most potential for odour generation. The applicant has provided EPA with odour modelling using data from a similar operation in New Zealand. As a result of the modelling, the proposal was reduced in scale to two sheds to ensure odour criteria can be met.

Officer Comment: The EPA is responsible for preventing or controlling pollution (including noise) and improving the quality of the environment. This responsibility includes regulating activities that may present a danger to the environment. One of the tools available to EPA is issuing works approvals for scheduled premises to prevent or minimise risk to the environment. EPA will issue a works approval when satisfied that an applicant has put in place measures to protect the environment. Works approvals allow construction of works to occur and set control measures to minimise a site’s environmental risk. EPA can amend a works approval in response to changes in standards and site activities. Works approval holders must submit reports if required by a condition of the approval.

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The EPA works approval was issued on 26 May 2015. The approval addresses the construction and management of the site and requires ongoing reporting in relation to environmental impacts including odour, noise, wastewater and Q Fever Risk Management. It is noted however that the works approval has been appealed by one of the objectors. A practice day hearing in relation to this matter has been set for 12 August 2016. VicRoads No objection subject to the inclusion of the following conditions in any Notice of Decision to issue a Planning Permit or Planning Permit: 1) Before the commencement of works, the following works at the Geelong Ballan Road - Atkinsons Road intersection must be completed at no cost to, and to the satisfaction of VicRoads (the Roads Corporation): • Upgrade and widening of the existing intersection. • Widening of existing road pavement to accommodate a right turn lane • Widening of existing road pavement to accommodate a left turn lane • Installation of street lighting 2) Prior to the works commencing, the applicant must enter into a works agreement with VicRoads, confirming design plans and works approvals processes, including the determination of fees and the level of VicRoad’s service obligations. Officer comment: The conditions as requested will be included in the planning permit. The Department of Environment, Land, Water and Planning (DELWP) No objection and no conditions required. AMENDMENT OF THE PROPOSAL PRIOR TO PUBLIC NOTIFICATION: The application was not amended prior to public notification, however additional information was provided in response to a request for further information. PUBLIC NOTIFICATION:

The application is not exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act and pursuant to Section 52 of the Planning and Environment Act 1987 the following forms of advertising were undertaken:  Notices were sent to owners and occupiers of adjoining land (including opposite)  A3 sign(s) were placed on the land  A notice was placed in “The Independent” Newspaper To date, 464 objections have been lodged with Council.

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AMENDMENT OF THE APPLICATION FOLLOWING PUBLIC NOTIFICATION The application was not amended following public notification. Response to objections It is noted that the majority of the objections relate to concerns regarding animal welfare and animal rights in respect of housing such extensive numbers of goats within confined sheds. These are matters outside of the scope of the Planning and Environment Act. There are however various acts, regulations and codes of practice relating to animal welfare in Victoria. There is a Code of accepted farming practice for the welfare of goats, Bureau of Animal Welfare, Attwood. The Code is made under the Prevention of Cruelty to Animals Act 1986 (POCTA): This Code of Practice provides detailed information from the code and is intended as a guide for all people responsible for the welfare and husbandry of goats. Goats are kept in situations which vary from extensive grazing to close confinement and housing. Whatever the form of husbandry, owners, managers and custodians of goats have a duty of care and a clearly defined legal responsibility under the Prevention of Cruelty to Animals Act 1986 to care for the welfare of the animals under their control. The basic behavioural, anatomical and physiological needs of goats are considered in this document, irrespective of the method of husbandry practised. The importance of competent stockmanship and management in animal welfare cannot be overemphasised. Important skills of the competent manager and stockperson include the ability to recognise the early signs of distress or disease in goats so that the cause can be identified, and prompt, appropriate, remedial action taken. The basic requirements for the welfare of goats are:     

Food and water to sustain health and vitality; Sufficient space to provide freedom to stand, lie down, stretch, turn around, move about and groom themselves; Protection from predation; Protection from disease, including disease that can be exacerbated by management; Protection from extremes of climate during certain phases of their life

Codes of practice set out recommended minimum standards and practices for the keeping of a wide range of species and animal related activities. POCTA codes are advisory only unless made mandatory through recognition in legislation. Compliance with the provisions of POCTA codes can provide a defense to a prosecution under this Act. The main concerns of the balance of the objections relate to amenity impacts from the proposal and can be summarised as follows:

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Odour impacts to surrounding properties Insufficient buffer distance to existing dwellings Q Fever risk to surrounding property and nearby community Traffic impacts to local roads Dust emissions causing nuisance to adjoining and nearby properties Increase of pest animals and insects in the area Environmental risks and potential for ground water contamination and waste water overflow into surrounding properties and creeks

Objection Impacts from odour associated with the intensive farming of goats in sheds and concerns regarding the modelling used in the Odour Risk Assessment. Comment In this instance, the Environment Protection Authority is the relevant authority for environmental impacts including odour emissions. The EPA has accepted the modelling and considered potential odour impacts from the sheds and waste water treatment plant as appropriate subject to the conditions set out in the works approval. The works approval requires specific reporting and monitoring of odour sources to ascertain the actual odour emissions from the operating facility. The submitted Draft Environmental Management Plan includes management and monitoring measures for the entire operation and specific measures for odour control and management and forms part of the Works Approval. Objection EPA separation distances Table 1 for Stock Feedlot – Dairy (see attached) has a recommended separation distance of 5,000 (5 thousand) metres. The fact that this application is actually for a Stock Feedlot - Dairy means that it should be required to meet the separation distance of 5 km as per the EPA rules. Insufficient buffer distances from adjoining property boundaries.

Comment EPA Publication 1518, Recommended separation distances for industrial residual air emissions, (March 2013), recommends a minimum 5,000 metre separation distance to sensitive land uses for a Stock Feedlot (where animals are confined for the purpose of agricultural production; beef or dairy). The publication also states that ‘the recommended separation distances are EPA’s default minimum in the absence of a detailed, site specific assessment for a proposed industrial or sensitive land use’. In this instance the EPA is satisfied that the relevant site specific assessments have been provided and have issued a Works Approval. The planning scheme does not include any regulated buffer distances for the proposed use and the use is not listed in Clause 52.10 (Uses with adverse amenity amenity potential).

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Objection Q Fever risk to humans and livestock in the neighbouring area is high. The proposed buffers are inadequate, lack of quarantine protection zone and lack of measures to control the risk. Comment A Q Fever risk management plan was prepared to address the potential risks of the proposed goat dairy acting as a source of Coxiella burnetii for human infections leading to Q Fever in humans either within or outside the farm. The Department of Health and Human Services has reviewed the risk management plan and requested specific changes and additional information. It its final response to the EPA (in response to the EPA works approval) DHHS advise: ‘based on the information provided, the department does not object to the is application on public health grounds, provided that a comprehensive risk assessment and management approach is fully implemented including stringent control and verification measures to ensure that the proposed results in no increased risk of acquisition of Q Fever in the community.... In order to ensure protection of public health, this risk assessment/management approach will need to complemented by a rigorous compliance regime overseen by EPA Victoria, including independent third party auditing to verify effective implementation of this RMP’. DHHS also sets out specific conditions and controls to be contained within the works approval. The EPA has included these within the works approval. Objection Traffic impacts to local roads Comment Council’s Traffic engineer and VicRoads have reviewed the proposal and no concerns have been raised in relation to impact to local roads. Subject to the upgrade of Atkinsons Road and intersection works at Geelong-Ballan Road, the proposal is considered satisfactory. The subject site is located within the Farming Zone. Truck noise associated with farming activities are common in such a zone and are regarded as short, necessity based noise events expected with living in a rural area. Conditions however restricting truck movements to and from the site during daylight hours will be included given the sites proximity to existing dwellings, particularly those along Ballan Road.

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Objection Dust emissions causing nuisance to adjoining and nearby properties Comment The submitted Draft Environmental Management Plan (EMP) outlines how the facility will be managed in relation to both the construction and operational phases. It also includes dust control measures and forms part of the Works Approval. Objection Increase of pest animals and insects in the area Comment A land management plan will be required by permit which will address pest and weed control on the site and will include and implementation and ongoing management requirements. Objection Environmental risks and potential for ground water contamination and waste water overflow into surrounding properties and creeks. Comment The EPA has issued a works approval for this site which includes approval for the construction of Class C wastewater treatment facilities at this site. Section 19A of the Environment Protection Act requires the occupier of a “scheduled premises” to obtain works approval to construct or install plant and equipment in order to discharge, handle, treat or dispose of waste to the environment. The EPA in this case is the relevant authority and is satisfied that the proposed treatment of wastewater is satisfactory and off site risks are adequately mitigated. Assessment All relevant policies within the State Planning Policy Framework, the Municipal Strategic Statement and Local Planning Policy contain a strong directive to promote and protect agricultural activities within the Farming Zone. Regional growth plans provide broad direction for land use and development across regional Victoria and detailed planning frameworks for key regional centres. Regional growth plans are included in the SPPF and therefore must be taken into account in planning decision making. A number of Regional Growth Plans include strategies addressing animal industries. More specifically, The G21 (Geelong Region Alliance) includes the following strategies:  

Grow milk production and value added processing, leveraging aggregation opportunities and existing expertise Grow intensive animal production and processing such as poultry, in suitable areas, leveraging proximity to markets

These strategies are further reiterated at Clause 11.07 Geelong (G21) regional growth and clause 11.07-5 further explores agricultural productivity and includes strategies such as supporting new opportunities in farming in a changing climate.

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Clause 14.01-1 seeks to protect productive farmland which is of strategic significance in the local or regional context. Strategies provided to implement this objective include identifying areas of productive agricultural land and considering its economic importance when considering any decisions which may result in its loss due to incremental or permanent changes of land use. Clause 14.01-2 encourages sustainable agricultural land use. As well as supporting long term sustainable land use of existing natural resources, the strategies recognise the need to adjust to the flexibility of the market and specifically seeks to: 

Facilitate the establishment and expansion of cattle feedlots, piggeries, poultry farms and other intensive animal industries in a manner consistent with orderly and proper planning and protection of the environment.

To this end it is important to note the an Advisory Committee has been appointed by the State Government to consider how the planning system can support the establishment and expansion of productive, competitive and market-responsive animal industries in Victoria, balancing environmental outcomes and community expectations. The Advisory Committee is to provide advice to the Minister for Planning and the Minister for Agriculture on: 



The role and function of the planning system in supporting the establishment and expansion of animal industries in the context of changing industry practice to increase production, be competitive and respond to market changes; and The adequacy of the definition of 'intensive animal husbandry' in Clause 74 of the Victoria Planning Provisions and all planning schemes having regard to emerging farming systems and practices, incremental changes to existing operations over time and changing consumer preference.

A discussion paper was released for public comment on 21 December 2015. 146 submissions were received by the committee and a final report is yet to be released. The discussion paper identifies the following issues: Livestock production systems are changing. On the one hand, free range pig and poultry production systems are growing to meet consumer demands, while on the other hand more intensive grazing and production systems are being adopted in the sheep, beef and dairy industries. The trend towards more intensive production systems is likely to continue, some say it needs to continue, if Victorian agriculture is to meet growing overseas demand for its produce. All livestock production systems have the potential for off-farm impacts on the environment and community. Community and local resident expectations are changing with more ‘non-farming’ or hobby farm residents living in farming zones. Tourism-based agricultural enterprises, such as wineries with cellar door sales and restaurants, eco-tourism, and farm stays are taking advantage of Victoria’s rural amenity and increasing in number.

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The potential impacts from farming activities can be broadly categorised as: • Animal welfare and bio-security • Environment • Residential amenity • Rural economic development • Infrastructure. This Discussion Paper identifies a number of policy options that could be adopted to manage potential impacts from animal industries while supporting them to grow and be competitive’ The paper also gives some background on the importance of animal industries as follows: ‘The Victorian Government has identified six priority sectors that will underpin the State’s future economy and jobs growth. The food and fibre sector, which includes animal industries, is one of these sectors and is recognised as a key driver of the Victorian economy, contributing 4.9 per cent to gross state product and in 2013-14 accounted for 48 per cent of the State’s total goods exports, valued at $11.8 billion’ The proposal is considered to meet the objectives of state planning policy as they relate to supporting and enhancing agricultural pursuits on appropriately zoned land and to protect Victoria’s agricultural base as an important component of the State’s economy. This is the first goat dairy operation of this size to be developed in Victoria and delivers on the state planning strategies seeking to facilitate the establishment of intensive animal industries on land set aside for agriculture. Policy also requires such uses to be developed in a manner consistent with orderly and proper planning and protection of the environment. Council’s MSS at Clause 21.07 further reinforces agricultural production as locally important and economically significant with potential for growth in agricultural production. Clause - 21.07-5 also seeks to support the use of the northern, western and southern rural areas for productive agriculture and seeks to encourage agricultural development with export potential. The subject site in this regard is well located and the use of the land will support a local operation with global export potential. In general, both State and Local Policy seek to support and enhance agricultural pursuits. These objectives are reiterated in the purpose of the Farming Zone. The purpose of the Farming Zone is:      

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide for the use of land for agriculture. To encourage the retention of productive agricultural land. To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land for agriculture. To encourage the retention of employment and population to support rural communities. To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision.

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The application promotes the purposes of the zone as it proposes a more productive agricultural use for the subject site. Additionally, the caretakers dwelling proposed is considered necessary given the nature of the use where constant site maintenance and animal care is required. It is inevitable that the operation of the proposal will result in odour and noise permeating the surrounding area however those impacts are considered typical of animal related agricultural activities within the zone. The various reports submitted with the application demonstrate that with ongoing management these impacts can be mitigated so that they are not considered unreasonable. Farming practices are not quiet and involve practices that would impact on the perceived ‘residential amenity’ of a dwelling in this zone and could limit farming operations in what is land reserved for that very purpose. It is critical to note that the core purpose of the Zone is support of agricultural uses and aims to protect these agricultural uses from the incursion of non-compatible uses such as dwellings. It is also reasonable to conclude the purpose that the Zone prioritises both the ongoing operation of agricultural uses and the development of new enterprise above the protection of residential amenity. There are numerous VCAT decisions which support this position, for example, in the case of Simpkin v Mansfield SC [2012] VCAT 1433 (19 September 2012) Members Potts and Wilson affirm this position at paragraph 23 in stating the following: the primary purpose of the Farming Zone is about ensuring land is available for agriculture. Other primary or resource development industries can also be expected to occur within this zone. To that end the purposes of the zone and many of the decision guidelines promote a primacy of agricultural uses over other uses including that of a dwelling. Various divisions of the Tribunal have reinforced a view that the Farming Zone is a working zone. As such, people living in such areas will be subject to noise, odour, dust and other amenity impacts arising from agricultural and other primary production uses of land. Those seeking rural residential amenity should direct their interests toward a rural living or similar zone. In determining whether this use is appropriate for this site, Council must also have regard to the decision guidelines set out in Clause 35.07-6 of the Farming Zone. In assessing the proposal against these guidelines the following is noted: General issues      

The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. Any Regional Catchment Strategy and associated plan applying to the land. The capability of the land to accommodate the proposed use or development, including the disposal of effluent. How the use or development relates to sustainable land management. Whether the site is suitable for the use or development and whether the proposal is compatible with adjoining and nearby land uses. How the use and development makes use of existing infrastructure and services.

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Comment: As discussed above, the proposal is considered to be appropriately compliant with State and Local Planning Policy and no regional catchment strategy applies to the land. Appropriate wastewater treatment and on site infrastructure is proposed and land is considered more than capable of accommodating the proposed use. Management of the site in accordance with the recommended permit conditions and EPA Works Approval will ensure appropriate practices to mitigate any off site impacts. In terms of stocking density it is noted that while there is no Code of Practice in relation to goat dairy farms, as a comparison, the Department of Environment and Primary Industries (DEPI) guide to feed lotting lambs envisages semi-intensive feedlots allowing each lamb approximately 5 square metres of space and fully enclosed feedlots allowing only up to 0.5 square metres per lamb. Based on the goat shed size, the application proposes up to 1.5sqm of space per goat, which is above the density for an enclosed feedlot described above. Agricultural issues and the impacts from non-agricultural uses      

Whether the use or development will support and enhance agricultural production. Whether the use or development will adversely affect soil quality or permanently remove land from agricultural production. The potential for the use or development to limit the operation and expansion of adjoining and nearby agricultural uses. The capacity of the site to sustain the agricultural use. The agricultural qualities of the land, such as soil quality, access to water and access to rural infrastructure. Any integrated land management plan prepared for the site.

Comment: The proposed use will result in the utilisation of an appropriately sized and well located rural parcel for productive agriculture. Given the size of the land combined with the proposed on site infrastructure and proposed management practices the land is capable of sustaining the proposed use and will not have unreasonable impacts upon the environmental integrity of the area. Due to the size of the allotment it is unlikely that the proposed use of the land will interfere with the operation or potential expansion of any adjoining and nearby agricultural uses. In addition to the reports submitted with the proposal, a further land management plan will be required to include appropriate land improvements and pest and weed eradication.

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Dwelling issues    

Whether the dwelling will result in the loss or fragmentation of productive agricultural land. Whether the dwelling will be adversely affected by agricultural activities on adjacent and nearby land due to dust, noise, odour, use of chemicals and farm machinery, traffic and hours of operation. Whether the dwelling will adversely affect the operation and expansion of adjoining and nearby agricultural uses. The potential for the proposal to lead to a concentration or proliferation of dwellings in the area and the impact of this on the use of the land for agriculture.

Comment: As the dwelling is proposed to directly support the proposed farming activity no loss or fragmentation of productive land will occur, particularly as the dwelling is proposed in the location of the former dwelling on site. It is also considered that a dwelling will assist in productive farming activities, given the intensive nature of the agricultural use proposed. Environmental issues   



The impact of the proposal on the natural physical features and resources of the area, in particular on soil and water quality. The impact of the use or development on the flora and fauna on the site and its surrounds. The need to protect and enhance the biodiversity of the area, including the retention of vegetation and faunal habitat and the need to revegetate land including riparian buffers along waterways, gullies, ridgelines, property boundaries and saline discharge and recharge area. The location of on-site effluent disposal areas to minimise the impact of nutrient loads on waterways and native vegetation.

Comment: Water quality protection and management, including wastewater disposal, is guided by the recommendations of the wastewater and stormwater management plans and the specific conditions set out in the EPA Works Approval. Additionally, the dwelling will be required to have separate effluent disposal system. The planting of the boundary plantations also has the potential to improve the biodiversity qualities of the site as a whole. Design and siting issues  

The need to locate buildings in one area to avoid any adverse impacts on surrounding agricultural uses and to minimise the loss of productive agricultural land. The impact of the siting, design, height, bulk, colours and materials to be used, on the natural environment, major roads, vistas and water features and the measures to be undertaken to minimise any adverse impacts.

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The impact on the character and appearance of the area or features of architectural, historic or scientific significance or of natural scenic beauty or importance. The location and design of existing and proposed infrastructure including roads, gas, water, drainage, telecommunications and sewerage facilities. Whether the use and development will require traffic management measures.

Comment: The location of the proposed goat farming units and associated buildings including the dwelling is not considered to impact upon the surrounding agricultural uses. The goat farming units and associated structures are located to the rear half of the site and will not pose a significant impact to Ballan Road. The dwelling is proposed at the site of the former dwellings and is appropriately setback behind existing vegetation. The proposed boundary plantations will also assist in screening the site from the public realm. Native Vegetation The applicant submitted a due diligence flora and fauna assessment which confirms that the site is highly modified and consists of open pasture dominated by exotic species. Native vegetation is limited to scattered native grasses and sedges covering less 5% of the perennial vegetation cover. As native vegetation is being removed it triggers the requirement for a planning permit under Clause 52.17. As it is less than 25% cover no native vegetation offsets are required to be provided. DELWP also had no objection or further requirements in relation to the removal of the vegetation. The proposed vegetation removal is also consistent with Schedule 4 of Environmental Significance Overlay which seeks to prevent loss and degration of native vegetation. Council’s Environmental Health Unit have no concerns with the vegetation removal but has requested a Land and Environmental Management Plan to address the control and manage listed weeds and pest animals on site and revegetation including proposed species and ground stabilisation. The use of the land of Intensive Animal Husbandry is not listed in the table to Clause 52.06-5. Where a use of land is not specified in Table 1 or where a car parking requirement is not specified for the use in another provision of the planning scheme or in a schedule to the Parking Overlay, before a new use commences or the floor area or site area of an existing use is increased, car parking spaces must be provided to the satisfaction of the responsible authority. A total of 30 car spaces are proposed on site for staff and visitors. A Traffic Impact Statement submitted with the application suggests the proposed number is more than adequate to accommodate staff and any visitor parking. Council’s traffic engineers accept the findings of the report and have raised no concern with the provision of parking. Furthermore, it is noted that there is ample opportunity on site for any overflow parking should it be required.

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Legislative Issues The Planning and Environment Act 1987 and the Greater Geelong Planning Scheme are the relevant documents under which Council must consider this application. Conclusion Overall the proposed intensive animal husbandry on this site is considered to meet the relevant considerations of the Greater Geelong Planning Scheme. Any environmental impacts associated with the use are to be managed in accordance EPA Works Approval and associated management plans. Report prepared by Lisa Laskovski

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Application No:

PP-1204-2015

Applicant:

Spiire Australia Pty Ltd - Geelong Office

Subject Land:

240 Forest Road South, Lara

Owner:

G J Gillett

Zone:

Farming Zone

Overlays:

None applicable

Existing Use:

Existing dwelling

Proposed Use:

Use and Development of Land for Intensive Animal Husbandry (Goat Farming), Milk Processing Plant and Creation of an Access to a Road Zone 1

Subject Site

240 Forest Road South, Lara

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Summary 

The subject site is located on the west side of Forest Road South and is a rectangular shaped allotment with an area of 38.3ha. The site has frontage to Forest Road South of 402 metres and a depth of 949 metres. Its western (rear) boundary abuts Broderick Road.



The site is relatively flat and has history of farming and grazing uses and includes the remnants of a former dwelling and associated outbuildings on the south east corner.



The site is located within the Farming Zone and is located between the Geelong Ring Road Employment Precinct (GREP) and the Lara township. The land to the immediate south is within the GREP and is occupied by an existing Wool store. Land to the immediate north is partly in the Farming Zone and contains an existing dwelling with the land also used for horse agistment while the balance of the northern boundary abuts the cemetery (Flinders Memorial Park). Land further south is used for general industrial and warehousing purposes as part of the Heales Road industrial estate. The Lara township is located further north with residential zoned land within 580 metres of the site



The proposal seeks to use and develop the land for the purposes of a milk processing plant and intensive animal husbandry (goat dairy). Nuchev seeks to expand its Victorian operations across two separate sites in the City of Greater Geelong, with a breeding facility already in operation outside of this municipality.



The intensive animal husbandry will occur at the south west corner of the site. A total of 4500 goats are proposed to be located on this site and housed within a goat farming unit.



The goat farm is proposed to be operated between 4am and 11pm, 7 days a week. A total of 12 full time equivalent staff will be employed for administration, animal health and feeding roles.

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The proposed milk processing plant is located on the south east portion of the site and will include a concrete building with a roof height of 27 meters with the provision of a drier exhaust stack rising to a height of 34 metres. This building will accommodate the dryer, dry store area, ingredient handling and packaging areas and machine rooms. An office building is connected to the main facility and will front Forest Road South. The site will also include four refrigerated milk silos each at a height of 13 metres and 100,000 litre capacity.



The plant will produce whole milk power and infant goat formula from goat milk produced both at this site and the Ballan Road site. At full capacity, the plant will:  Convert approximately 250,000 litres of fresh milk per day into approximately 30 tonnes of standard whole milk powder;  Convert approximately 30 to 50,000 litres of milk per day to infant formula. The processing plant is proposed to operate 24 hours a day, 7 days a week while the office building will be operational between 8am to 5pm daily. A total of 67 equivalent full time staff are proposed for the facility.





Access to the site is proposed via two new crossovers on Forest Road South. Access to the goat farming unit is proposed via a new crossover on Broderick Road.



Wastewater for both the intensive animal husbandry and milk processing plant will discharge to sewer under a trade waste agreement with Barwon Water.

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

The subject site is located with a Farming Zone. Surrounding land is within the Industrial 2 Zone and Special Use Zone.



The sites frontage to Forest Road South is located within the Public Acquisition Overlay – Schedule 3. Schedule 3 of the overlay identifies this land as a proposed Road Category 1 and VicRoads as the acquisition authority.

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As a result of the public notice of the application, a total 56 objections have been lodged with Council.

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The majority of the objections relate to concerns regarding animal welfare and animal rights in respect of housing such extensive numbers of goats within confined sheds. These are matters outside of the scope of the Planning and Environment Act.



The main concerns of the balance of the objections relate to amenity impacts from the proposal and can be summarised as follows:     

Odour impacts to surrounding properties The proposal is within too close proximity to the Lara township Q Fever risk to surrounding property and nearby community Concerns regarding fencing to adjoining properties that keep animals (i.e. horse agistment to the north) Traffic impacts to local roads



An Environment Management Plan will be required to detail management and monitoring measures for the entire operation and specific measures to odour control and management as recommended in the Air Quality Assessment.



There are no established buffer distances for a goat dairy farm as such and a works approval from the EPA is not required as the number of goats is less than 5000. Based on the Air Quality Assessment and Environmental Noise Management reports submitted with the application, the proposal is able to be located on the site with minimal environmental impacts to the nearby residential zone.



A Q Fever risk management plan was prepared to address the potential risks of the proposed goat dairy acting as a source of human infections leading to Q Fever in humans either within or outside the farm. The assessment includes both this site and the site at Ballan Road. The Department of Health and Human Services has reviewed the risk management plan and is satisfied that subject to the implementation of the plan, there will be ‘no increased risk of acquisition of Q Fever in the community’.



The application has been assessed against the relevant State and Local Planning policies, Zone, Overlays and Particular Provisions of the scheme.



The proposal is considered to meet the objectives the scheme as they relate to supporting and enhancing agricultural pursuits on appropriately zoned land and to protect Victoria’s agricultural base as an important component of the State’s economy whilst also having regarding to environmental impacts. It is inevitable that the operation of the proposal will result in odour and noise permeating the surrounding area however those impacts are considered typical of animal related agricultural activities within the zone. The various reports submitted with the application demonstrate that the ongoing management these impacts can be mitigated so that they are not considered unreasonable.

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Support of the application is recommended subject to the conditions set out in the report.

Recommendation That the Responsible Authority having considered all matters which the Planning and Environment Act, 1987, requires it to consider, decides to Issue a Notice of Decision to Grant a Planning Permit for the Use and Development of Land for Intensive Animal Husbandry (Goat Farming), Milk Processing Plant and Creation of an Access to a Road Zone 1 at 240 Forest Road South, Lara in accordance with the plans submitted with the application and subject to the following conditions: Amended Plans 1.

Prior to the commencement of the use and/or development, three (3) copies of amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans submitted with the application on 31 August 2015 but modified to show: a) Revised intersection at Broderick Road: i) The existing intersection must be redesigned to a “T” intersection. ii) A road safety audit must be carried out by an independent auditor, at the design stage of the intersection and all recommendations implemented iii) Swept path diagrams must be provided supporting the proposed intersection design. b) Vehicle Access: i) Vehicle access to be located a minimum of 150 north of the Broderick Road intersection. ii) Swept path diagrams must be provided to support proposed vehicle access iii) Details of Pedestrian sight splays must be included c) Parking: i) Provision of disabled parking bays close to the facilities buildings. The spaces must be linemarked and signed to appropriate Australian Standards ii) Location and dimensions of all car spaces for staff and visitors to the site iii) Location and type of lighting to be marked on the base plans Designated parking areas must be lit to relevant Australian Standards. iv) Formal parking areas to have all-weather, impermeable surface, and to be fully delineated

Planning Committee Meeting No:187 Date: 25 July 2016 d)

e)

f)

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Bicycles: i) Details of revised footpath / cyclepath revision in relation to the revised intersection ii) Location of dedicated cyclists access through the parking areas and to the cycling facilities (painted paths) Pedestrians: i) Location of dedicated pedestrian access to the site from both Forest Road South and Broderick Road. ii) Location of dedicated pedestrian access throughout all parking areas of the proposal Location of the proposed Truck Wash bay to be shown on the site plan.

Endorsed Plans 2.

The use and development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority.

Q Fever Risk Assessment 3.

The use and development authorised by this permit must be conducted in accordance with the Q Fever Risk Assessment approved by Environment Protection Authority and Department of Health and Human Services for this site.

Environmental Management Plan (Use) 4.

Before the use starts, an environmental management plan for the management and operation of the use must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed and will then form part of the permit. The environmental management plan must be reviewed and submitted to the authority for further approval annually. The Environmental Management Plan must include: a) overall environmental objectives for the operation of the use and techniques for their achievement relating to odour, stormwater, pollution, waste removal, dust, runoff etc. b) procedures to ensure that no significant adverse environmental impacts occur as a result of the use c) proposed monitoring systems d) identification of possible risks of operational failure and response measures to be implemented e) day to day management requirements for the use

5.

The use must at all times be conducted in accordance with the endorsed Environmental Management Plan to the satisfaction of the Responsible Authority

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Land Management Plan 6.

Prior to the commencement of any works allowed under this permit, the permit holder must prepare an Environmental Management Plan to the satisfaction of the Responsible Authority. The issues to be addressed by the Land Management Plan must include: a) Methods for the control and eradication of weeds; b) Methods for the control of pest animals; c) The use of boundary fencing to prevent any animals leaving the subject site; d) Re-vegetation of the site including proposed species and ground stabilisation; e) Measures to ensure the on-going effectiveness of the Land Management Plan; f) Implementation schedule. The Land Management Plan, once approved, will form part of this planning permit and must be implemented to the satisfaction of the Responsible Authority

Landscape Plan 7.

Prior to the commencement of development, three (3) copies of a landscape plan prepared by a suitably qualified or experienced person, to the satisfaction of the Responsible Authority, must be submitted to and approved by the Responsible Authority. The plan(s) must be drawn to scale and show: a) A survey (including botanical names) of all existing vegetation to be retained and/ or removed; b) Details of surface finishes of pathways and driveways; c) A planting schedule of all proposed trees, shrubs and ground covers including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant; d) Landscaping and planting within all open areas of the site; e) Tree planting along the north east boundary as recommended in the Air Quality Assessment (Etkimo, September 2015). When approved, the plan will be endorsed and form part of the permit, all to the satisfaction of the Responsible Authority.

8.

Prior to the commencement of the use, the landscaping works as shown on the endorsed plans must be carried out and completed to the satisfaction of the Responsible Authority.

9.

The landscaping shown on the endorsed plans must be maintained to the satisfaction of the Responsible Authority unless otherwise approved in writing by the Responsible Authority.

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Animal Numbers 10.

No more than 4,500 goats may be kept on the subject land at any time. When animal numbers are at capacity there must be no bucks on site. The ratio of does to bucks must be as per the Air Quality Assessment submitted with the application and prepared by Etkimo (September, 2015).

General Amenity 11.

The amenity of the area must not be detrimentally affected by the use or development through the: a) Transport of materials, goods or commodities to or from the land; b) Appearance of any building, works or materials; c) Emission of noise, artificial light, vibration, odour, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil; d) Presence of vermin; to the satisfaction of the Responsible Authority.

Delivery Hours 12.

Unless otherwise approved in writing, deliveries to and from the site must only take place between:  6.00am and 10.00pm Monday to Saturday  7.00am and 6.00pm Sunday to the satisfaction of the Responsible Authority

External lighting 13.

Any outdoor and/or security lighting provided must be designed to prevent adverse light spill on adjoining land or road reserve to the satisfaction of the Responsible Authority

Noise 14.

Noise levels emanating from the premises must not exceed those required to be met under the State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade), No. N-1. Council may direct in writing the preparation of an Acoustic Assessment to demonstrate compliance with this condition in the event concerns are raised with noise emissions from this site. The recommendations of any such report must be implemented to the satisfaction of the Responsible Authority.

15.

All external plant and equipment must be acoustically treated or placed in soundproof housing to reduce noise to a level satisfactory to the Responsible Authority.

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Drainage 16.

The site must be drained to the satisfaction of the Responsible Authority and no concentrated storm water may drain or discharge from the land to adjoining properties.

17.

All internal drainage must be designed and constructed in accordance with the submitted GHD Stormwater Management Plans for the GFU and Milk Plant, both dated August 2015, for On Site Detention, Water Sensitive Urban Design and Re-use, unless otherwise approved by the Responsible Authority.

Vehicle access 18.

Prior to the commencement of the use, redundant vehicle crossings must be removed and kerb, channel and footpath reinstated. The new vehicle crossing to Broderick Road must be constructed in accordance with the endorsed plan(s) to the satisfaction of the Responsible Authority, and shall comply with the following: a) Vehicular crossing shall be constructed at right angles to the road b) Accessways shall cross the road reserve boundary at right angles c) To enable all vehicles to exit/enter the site in a forward direction d) Proposed vehicular crossing shall have satisfactory clearance to any existing utility pole or pit. e) Vehicle crossing shall be in accordance with the requirements of the Responsible Authority

Car Parking 19.

Prior to the commencement of use of the development, the developer must construct the car park including accessways, surface with an allweather coat and delineate car spaces in accordance with the endorsed plans to the satisfaction of the Responsible Authority.

Stormwater Quality / Management 20. The site stormwater system must be designed and installed such that; a) The site stormwater discharge is not increased by the proposed development. An appropriate on site detention system designed in accordance with the Infrastructure Design Manual may be required; b) Runoff is to be treated to achieve current best practice pollutant removal targets by connection to an appropriate Water Treatment Facility, with capacity to treat at least a 3 month ARI storm event, unless approved otherwise by the Responsible Authority. The Water Treatment Facility must be maintained to the satisfaction of the Responsible Authority. all to the Satisfaction of the Responsible Authority VicRoads

21. Before the commencement of the use, at the entrances to the proposed site, the following works on Forest Road must be completed at no cost to, and to the satisfaction of VicRoads (the Roads Corporation):

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Right turn lanes Left turn lanes Provision for bike lanes New vehicular entrances The removal of all redundant crossovers Installation of street lighting at new vehicular entrances

22. Prior to the works commencing, the applicant must enter into a works agreement with VicRoads, confirming design plans and works approvals processes, including the determination of fees and the level of VicRoad's service obligations. Use Expiry 23.

This permit will expire if the uses hereby permitted are not commenced within two (2) years of the date of this permit. The Responsible Authority may extend the periods referred to if a request is made in writing within six (6) months of the date of expiry.

Development Expiry 24.

This permit as it relates to the development of buildings will expire if one of the following circumstances applies: a) The development of the building(s) hereby approved has not commenced within two (2) years of the date of this permit. b) The development of the building(s) hereby approved is not completed within four (4) years of the date of this permit. The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires; or a) Within six (6) months after the permit expires where the use or development has not yet started; or b) Within twelve (12) months after the permit expires, where the development allowed by the permit has lawfully commenced before the permit expiry. Notes: 1. All internal property drainage must be designed and constructed to satisfy AS/NZS 3500. 2.

A Vehicle Crossing Permit must be obtained prior to commencement of works.

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Report The Site & Locality The subject site is located on the west side of Forest Road South and is a rectangular shaped allotment with an area of 38.3ha. The site has frontage to Forest Road South of 402 metres and a depth of 949 metres. Its western (rear) boundary abuts Broderick Road. The site is relatively flat and has history of farming and grazing uses and includes the remnants of a former dwelling and associated outbuildings on the south east corner. A 20 metre wide easement (gas) extends across the full length of the northern boundary of the site. The site is located within the Farming Zone and is located between the Geelong Ring Road Employment Precinct 9GREP) and the Lara township. The land to the immediate south is within the GREP and is occupied by an existing Wool store. Land to the immediate north is partly in the Farming Zone and contains an existing dwelling with the land also used for horse agistment while the balance of the northern boundary abuts the cemetery (Flinders Memorial Park). Land further south is used for general industrial and warehousing purposes. The Lara township is located further north with residential zoned land within 580 metres of the site.

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Proposal The proposal seeks to use and develop the land for the purposes of a milk processing plant and intensive animal husbandry (goat dairy). Nuchev is an Australian based company specialising in goat milk products, and more specifically sells a range of goat infant formula products globally. Nuchev seeks to expand its Victorian operations across two separate sites in Geelong, with a breeding facility already in operation outside of this municipality. A goat dairy farm is also proposed for 715 Ballan Road, Moorabool with 14,000 goats proposed for the Ballan Road site. It is proposed that the milk produce from the Ballan Road site will be brought to the proposed plant at Forest Road for processing. Intensive animal husbandry The intensive animal husbandry will occur at the south west corner of the site. A total of 4500 goats are proposed to be located on this site and housed within a goat farming unit. The goat farming unit will measure 214 metres by 139 metres and will be an open sided building with a total height of 7.5 metres. It is proposed to be constructed in colourbond with metal roof sheeting. Bucks will not be housed on site during peak stocking rates. Kid rearing for two months of the year will be accommodated in separate areas within the shed. Kids will then be taken offsite for agistment. A milk parlour and staff amenities are attached to the goat farming unit. The design of the shed and milking parlour provides for physical separation of the goat housing area and the parlour in accordance with best practice for dairy farming. Goats will be milked twice daily and milk stored on site before it is taken to the plant for processing. The site is proposed to be operated between 4am and 11pm, 7 days a week. A total of 12 full time equivalent staff will be employed on a shift basis for administration, animal health and feeding roles. In addition, the facility proposes water management infrastructure, feed storage and makes provision for 15 staff car parking spaces. The goat dairy will operate between 4am and 11pm and will employ 12 full time equivalent staff for animal care, feeding and administration. Exposed concrete finish will be used for flooring within the feed lanes, central goat circulation area and milking parlour building. The goat holding areas will include natural soil/sand flooring and litter for waste absorption. Feed deliveries for the goat farm are proposed daily during the weekday period. All feed vehicles are expected to be B-doubles and are proposed to arrive at the site via Heales Road or the Princes Highway. Live animal deliveries are expected to be on per month once the operation is established. Access to the goat farming area is proposed from Broderick Road for security reasons. 24 light vehicles trips area also proposed for the goat farm and account for staff arrival and departure at various times of the day. Wastewater discharge for this site will be under a trade waste agreement with Barwon Water. To enable discharge to sewer, the following are required:

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Solids removal – capture of large solids including goat bedding material and solid manure. Storage – provide a source of green water that may be reused within the GFU and to attenuate peak flows to meet Barwon Water’s discharge requirements.

The staff amenities buildings will also discharge direct to sewer. Milk processing The proposed milk processing plant is located on the south east portion of the site and will include a concrete building with a roof height of 27 meters with the provision of a drier exhaust stack rising to a height of 34 metres. This building will accommodate the dryer, dry store area, ingredient handling and packaging areas and machine rooms. An office building is connected to the main facility and will front Forest Road South. The site will also include four refrigerated milk silos each at a height of 13 metres and 100,000 litre capacity. The plant is proposed to produce whole milk power and infant goat formula from goat milk produced both at this site and the Ballan Road site. At full capacity, the plant will:  

Convert approximately 250,000 litres of fresh milk per day into approximately 30 tonnes of standard whole milk powder; Convert approximately 30 to 50,000 litres of milk per day to infant formula.

The processing plant is proposed to operate 24 hours a day, 7 days a week while the office building will be operational between 8am to 5pm daily. A total of 67 equivalent full time staff are proposed for the facility. Access to the site is proposed via two new crossovers on Forest Road South. The southern access will facilitate commercial vehicle access to the processing plant with dedicated tanker parking and loading bays proposed. Milk deliveries to and from the site are proposed at 24 B-double trips per day. The access to the north will provide for access to the office and car park. Wastewater treatment for processing plant site will include pre-treatment to include flow attenuation pH adjustment and solids removal, prior to discharge to sewer under a trade waste agreement with Barwon Water. Traffic The overall traffic generation for the goat farm and processing plant is proposed at 188 vehicle trips per day of which 34 are proposed to be large (B-double) vehicles trip. Approximately 130 light vehicle trips and 24 B-double trips are distributed to Forest Road South with the southern access to cater for all B-double trucks for milk delivery and product distribution while the northern access will cater for all light vehicles and other service vehicles. Approximately 24 light vehicle trips and 6 B-double trips per day will be distributed to the goat farm access point proposed on the extension of Broderick Road.

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A truck wash adjacent to each goat farming unit is also proposed in response to biosecurity management. All trucks transporting waste material and animals will be moved to and parked on the concrete wash pad area before leaving the site Odour An Air Quality Assessment report was prepared by Etkimo and submitted to Council on 14 September 2015. The report assesses the compliance of the proposal with the requirements of the State Environment Protection Policy for Air Quality Management (SEPP-AQM) with regard to odour dis-amenity at the nearest sensitive land uses which are occupied residences. As there are no comparable facilities within Australia, the report has been prepared using an approved model, EPA guidelines and five years of meteorological monitoring data representative of the site. The predominant sources of odour for the goat dairy farm were identified as the does and the accumulated litter matter within the GFU. Mature bucks are to be excluded except when the breeding herd is in the early stages of development where the number of does are low. The “in-season” mature bucks are noted to be highly odorous and so these will be entirely excluded from the site as the total herd reaches 4,500 head. At this stage alternative breeding options such as artificial insemination procedures are to be adopted. The litter will be comprised of wood shavings, saw dust or straw layered along the penned stock lanes. This is to be entirely changed out periodically and in small stages, no less than every 6 months. Undisturbed litter has a low odour emission; however, when disturbed for clean out the emissions of odour are noted to significantly increase. The old litter is to be promptly removed from the site. The milking parlour activities attached to the GFU are not considered to be a significant source of odour. The required regular cleaning for hygiene management reduces any odour to residual levels, and when populated with does the incremental odour would be off-site simultaneously with a decrease in direct animal odour from within the attached GFU. Waste water from the GFU and its attached milk parlour will be discharged to sewer so will not be a source of odour. Solid waste will be collected and trucked off-site. Goat carcasses will be removed daily as required to short term cool storage before transfer off-site. The odour emissions from the goat and litter were based on direct measurements from an existing facility in New Zealand that houses both does and bucks. The derived odour emission rates were reduced with the removal of in season bucks and measured in comparison with does at a breeding facility in Victoria. Odour from milk processing plants is typically associated with the emission of particulates from the milk spray dryers as all other systems are enclosed. Waste water from the milk processing plant will consist of water from the evaporated milk and process cleaning water. This will be subject to best practice treatment with enclosed systems and re-used where practicable. Remaining liquid is to be pH adjusted and then discharged to sewer. Solid waste is to be removed from site. The particulate emissions from the spray dryers will be subject to best practice abatement with a cyclone system and then by a baghouse filter’. The residual particulate emissions are expected to be below scheduled premise exemption thresholds for assessment; hence the milk processing plant is not expected to be a significant source of odour on the site.

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The EPA position on offensive levels of odour being five times or more the laboratory detection limit, or 5 OU. Ranges of odour intensity is broadly categorised as follows:    

Very weak odour that would not usually be detectable within the background ambient palette: 1 – 5 OU. Weak odour that may be distinguishable from background: 6 – 10 OU. Moderate intensity odour that is noticeable and identifiable: 10 – 20 OU. Strong odour that is likely to have an adverse impact on amenity if it occurs often enough: 20 – 40 OU.

The below figure illustrates contours of peak predicted odour:

The report further notes: 



The 1 OU contour abuts but does not overlap the southern extremity of the residential estate to the north. This contour also abuts the south-western corner of residential area within the proposed development at 130 – 150 Forest Road (as indicated within a yellow rectangle). A level of 1 OU is a very weak odour that would not usually be detectable within the background ambient palette, and is also the SEPP-AQM design criteria for general residential zone area; The 5 OU contour is largely contained onsite, with extensions over the industrial facility on its southern border, and west into the currently vacant Council land. There are no sensitive receivers within this contour. This represents a weak odour that may be distinguishable from background, and also represents the criteria for the assessment of intensive animal husbandry industries in rural land uses with a low density of sensitive land uses;

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The 10 OU contour extends 130m beyond the southern boundary into the adjacent commercial premise, and 110m to the west into the vacant Council block. This represents a moderate intensity odour that is noticeable and identifiable; and The 20 OU contour only marginally overlaps the southern boundary into the adjacent commercial premise. This represents a strong odour that is likely to have an adverse impact on amenity if it occurs often enough. Ektimo note that the excursion of peak odours across the boundary of the site into the neighbouring non-sensitive land uses will occur mostly during hours of darkness with light winds and that this would lower the probability of disamenity occurring.

Compliance with the SEPP-AQM amenity criteria for general residential zone and for low density rural areas (i.e. farming zones) has been predicted. This indicates that an Environmental (ERA) is not required; however, the key limiting criteria within the two ERA approaches (risk metric) are considered in the report and demonstrate that amenity is predicted to be protected at the nearest sensitive receivers. The below figure illustrates contours of the highest predicted ground level odour around the proposed development. It can be seen that these contours are more than 300 metres from the nearest rural residence. The report concludes that odour from this proposed development is unlikely to result in dis-amenity should Nuchev subject to the recommended odour management controls.

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Odour management measures are outlined as follows:  Regular screening for odour around the site boundary with proactive follow-up of any identified odours;  Refinement and optimisation of odour management controls as goat numbers increase to 4,500;  No in-season bucks on-site at 4,500 goats;  Little management that includes: − Progressive layering of litter; − Vary litter media composition and layered depth until an optimal rate and ratio is derived that will provide maximum odour control; − Incremental litter change-out every 3-6 months, as required. For risk management, litter will be removed more frequently over the summer period to account for the potential impact the hotter weather may have on the odour profile. This will be continued until the odour risk is verified based on actual site seasonal data; − Planned removal of litter based on meteorological considerations that assist odour control and dispersion, and only during the day period; and − Used litter promptly removed from site and not stockpiled other than to assist same day load out.  Green belt along the north-east boundary of the site for enhanced mixing, e.g. tree planting with heights of no less than 8 – 10m;  The GFU enclosures will have retractable side curtains and wind screens on at least three sides. These are to be initially kept closed at night to minimise the potential for wind stripping of odour until the risk is verified based on actual site seasonal data;  Milk parlour standard food – based hygiene procedures; and  Active community engagement for feedback of the effectiveness of odour management procedures and to respond to an odour complaints. Q Fever Risk Assessment The Q Fever Risk Assessment developed for the goat farming operation proposed at 715 Ballan Road also applies to this site and the risk management measures, ongoing management and monitoring as per the requirements of DHHS and EPA apply to this site despite the absence of a requirement for a Works Approval from the EPA. The Department of Health and Human Services has reviewed the risk management plan and requested specific changes and additional information. In its final response to the EPPA (in response to the EPPA works approval for Ballan Road) DHHS advise: ‘based on the information provided, the department does not object to the is application on public health grounds, provided that a comprehensive risk assessment and management approach is fully implemented including stringent control and verification measures to ensure that the proposed results in no increased risk of acquisition of Q Fever in the community..... In order to ensure protection of public health, this risk assessment/management approach will need to complemented by a rigorous compliance regime overseen by EPPA Victoria, including independent third party auditing to verify effective implementation of this RMP’.

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Greater Geelong Planning Scheme Definition and Nesting Pursuant to Clause 74 Intensive Animal Husbandry is defined as ‘land used to keep or breed farm animals, including birds, by importing most food from outside the enclosures’ and is nested under Agriculture (Clause 75.02) Pursuant to Clause 74 Rural industry is defined as land used to: a) b) c)

handle, treat, process, or pack agricultural produce; service or repair plant, or equipment, used in agriculture; or manufacture mud bricks.

Rural industry is nested under Industry at Clause 75.05. Zone The subject site is located with a Farming Zone. The purpose of the zone is:      

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide for the use of land for agriculture. To encourage the retention of productive agricultural land. To ensure that non-agricultural uses, including dwellings, do not adversely affect the use of land for agriculture. To encourage the retention of employment and population to support rural communities. To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision

Overlay The sites frontage to Forest Road South is located within the Public Acquisition Overlay – Schedule 3. Schedule 3 of the overlay identifies this land as a proposed Road Category 1 and VicRoads as the acquisition authority. The purpose of this overlay is:    

To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify land which is proposed to be acquired by a Minister, public authority or municipal council. To reserve land for a public purpose and to ensure that changes to the use or development of the land do not prejudice the purpose for which the land is to be acquired. To designate a Minister, public authority or municipal council as an acquiring authority for land reserved for a public purpose.

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Permit required clause and condition.   



Pursuant to Clause 35.07-1 of the Farming Zone, a permit is required to use the land for the purpose of Intensive Animal Husbandry. Pursuant to Clause 35.07-4 of the Farming Zone, permit is required to construct a building or carry out works associated with a use in Section 2 of Clause 35.07-1. Pursuant to Clause 45.01 of the Acquisition Overlay, a permit is required to use land for any Section 1 or Section 2 use in the zone, construct a building or construct or carry out works and to damage, remove, destroy or lop any vegetation. Pursuant to Clause 52.17 of the Particular Provision – Native Vegetation, a permit is required to remove, destroy or lop native vegetation, including dead native vegetation.

Restrictive Covenant The subject site is not burdened by any covenants or Section 173 Agreements. Cultural Heritage Management Plan (CHMP) The Aboriginal Heritage Regulations 2007 specify the circumstances in which a Cultural Heritage Management Plan is required for an activity or class of activity. Part 2 – Division 2 of the Aboriginal Heritage Regulations 2007 specifies exempt activities which do not require a Cultural Heritage Management Plan. The proposal is not listed as an exempt activity. Areas of cultural heritage sensitivity are defined within Part 2 - Division 3 of the Aboriginal Heritage Regulations 2007. Part 2 - Division 3 does not identify the site or part of the site as within an area of cultural heritage sensitivity. COASTAL INUNDATION AND EROSION: Clause 13.01-1 of the SPPF requires the Responsible Authority to consider the potential coastal impacts of climate change. Strategies include:  



In planning for possible sea level rise, an increase of 0.2 metres over current 1 in 100 year flood levels by 2040 may be used for new development in close proximity to existing development (urban infill). Plan for possible sea level rise of 0.8 metres by 2100, and allow for the combined effects of tides, storm surges, coastal processes and local conditions such as topography and geology when assessing risks and coastal impacts associated with climate change. Consider the risks associated with climate change in planning and management decision making processes.

The subject site is not located within close proximity of existing urban development. Council’s data indicates that the site unlikely to be affected by the potential coastal impacts of climate change at 2040.

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LANDFILL GAS RISK ASSESSMENT Before deciding on a Planning Permit application, a Responsible Authority is required to consider, amongst other things:  

Any significant effects the responsible authority considers the environment may have on the use or development [S 60(1) of the PEA]. Clause 13.01-1 of The State Planning Policy Framework which aims to ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely.

The EPA has adopted the “Best Practice Environmental Management, Siting, Design Operation and Rehabilitation of Landfills” (September 2010) or “Landfill BPEM.”. The Landfill BPEM identifies that:  

 

Risks associated with landfill gases may occur for at least 30 years post-closure. Appropriate buffer distances must be maintained between the landfill and sensitive land uses. The BPEM recommends a 500 metre buffer for landfills that contained putrescible waste and 200 metres for landfills that contained nonputrescible waste. Where the recommended buffers are unavailable, it must be demonstrated that risks are suitably mitigated. All buildings and structures and associated infrastructure should be considered.

The BPEM specifies that development undertaken within a buffer distance of up to 500 metres may be at risk. As the subject site is not located within 500 metres of an identified former landfill site, a risk assessment is not required. Officer Direct Or Indirect Interest: No Council officers have any direct or indirect interest in the matter to which this report relates, in accordance with Section 80 (C) of the Local Government Act. Car Parking The use of the land for Intensive Animal Husbandry and Rural Industry is not listed in the table to Clause 52.06-5. Where a use of land is not specified in Table 1 or where a car parking requirement is not specified for the use in another provision of the planning scheme or in a schedule to the Parking Overlay, before a new use commences or the floor area or site area of an existing use is increased, car parking spaces must be provided to the satisfaction of the responsible authority. A total of 63 car spaces are proposed on site for staff and visitors. State Planning Policy Framework 11.05-3 - Rural Productivity Objective To manage land use change and development in rural areas to promote agriculture and rural production.

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Strategies Prevent inappropriately dispersed urban activities in rural areas. Limit new housing development in rural areas, including: 

Directing housing growth into existing settlements.



Discouraging development of isolated small lots in the rural zones from use for single dwellings, rural living or other incompatible uses.



Encouraging consolidation of existing isolated small lots in rural zones.

Restructure old and inappropriate subdivisions 11.07-5 – Agricultural Productivity Objective To secure food, water and energy resources. Strategies Support new opportunities in farming, fisheries and energy in a changing climate. Support a productive, robust and self sustaining region by harnessing existing energy and natural resources while protecting and enhancing farming and natural assets. Protect critical agricultural land, energy and earth resources required to support a growing population by focussing development to existing township areas and directing growth to towns which provide rural services. Provide environmental and liveability benefits through the efficient and effective delivery of water infrastructure and services. 14.01-2 - Sustainable Agricultural Land Use Objective To encourage sustainable agricultural land use. Strategies Ensure agricultural and productive rural land use activities are managed to maintain the long-term sustainable use and management of existing natural resources. Encourage sustainable agricultural and associated rural land use and support and assist the development of innovative approaches to sustainable practices. Support effective agricultural production and processing infrastructure, rural industry and farm-related retailing and assist genuine farming enterprises to adjust flexibly to market changes.

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Facilitate the establishment and expansion of cattle feedlots, piggeries, poultry farms and other intensive animal industries in a manner consistent with orderly and proper planning and protection of the environment. 14.01-1 - Protection of Agricultural Land Objective To protect productive farmland which is of strategic significance in the local or regional context. Strategies Ensure that the State’s agricultural base is protected from the unplanned loss of productive agricultural land due to permanent changes of land use. Consult with the Department of Primary Industries and utilise available information to identify areas of productive agricultural land. Take into consideration regional, state and local, issues and characteristics in the assessment of agricultural quality and productivity. Permanent removal of productive agricultural land from the State's agricultural base must not be undertaken without consideration of its economic importance for the agricultural production and processing sectors. In considering a proposal to subdivide or develop agricultural land, the following factors must be considered: 

The desirability and impacts of removing the land from primary production, given its agricultural productivity.



The impacts of the proposed subdivision or development on the continuation of primary production on adjacent land, with particular regard to land values and to the viability of infrastructure for such production.

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The compatibility between the proposed or likely development and the existing uses of the surrounding land.



Assessment of the land capability.

Subdivision of productive agricultural land should not detract from the long-term productive capacity of the land. Where inappropriate subdivisions exist on productive agricultural land, priority should be given by planning authorities to their re-structure. In assessing rural development proposals, planning and responsible authorities must balance the potential off-site effects of rural land use proposals (such as degradation of soil or water quality and land salinisation) which might affect productive agricultural land against the benefits of the proposals.

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Planning for rural land use should consider: 

land capability; and



the potential impacts of land use and development on the spread of plant and animal pests from areas of known infestation into agricultural areas.

Local Planning Policy Framework Municipal Strategic Statement Clause 21.07 Economic Development and Employment Clause 21.07-1 Key issues and influences Rural Agricultural production is modest, but locally important and economically significant for landowners. There is potential for growth in agricultural production, particularly aquaculture. Farming activity and the rural landscape are very significant elements to the identity, image and liveability of the City of Greater Geelong. Farming and rural landscapes form non urban breaks and are a critical element to the settlement strategy, tourism function and lifestyle of the region. Farming and agriculture are important and valued activities in the northern area of the municipality, particularly in the Anakie area. Rural land in a number of urban fringe areas accommodates a range of uses and developments which require buffers from residential areas. The City’s rural areas contain important environmental assets. Clause - 21.07-5 Rural Areas Objectives   

To support the use of the northern, western and southern rural areas for productive agriculture. To ensure that rural areas provide an attractive setting through the preservation of a farmed rural landscape. To protect and enhance the Bellarine Peninsula as a productive rural area with highly significant landscapes based on farming and environmental features

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Strategies      

Maintain rural land in large and productive parcels, in accordance with the schedules to the farming zones. Minimise non farming land uses in rural areas. Ensure that any non farming land uses will not compromise farming activity in the area. Ensure development in rural areas respects the farmed landscape character, particularly significant landscapes identified through the Coastal Spaces Landscape Assessment Study. Ensure that new dwellings do not compromise the productive potential of land and are associated with the productive agricultural use of the land. Encourage agricultural development with export potential and specifically encourage aquaculture and horticulture activities in the rural areas around Avalon Airport.

Clause 21.13 Lara Objectives           

To maintain a compact urban form and provide for sustainable communities. To maintain and enhance the rural characteristics of Lara. To ensure an adequate supply of appropriately zoned and located residential and commercial land. To protect the rural landscape setting of the township particularly to the north overlooking the You Yangs. To consolidate retail and commercial activities at the existing Lara town centre. To ensure that any expansion of the Lara Town Centre integrates with the existing retail, commercial and community facilities in the Town Centre. To provide community and recreation services and infrastructure to meet the needs of the local and surrounding population. To protect and enhance key environmental, cultural and landscape features. To protect flood prone areas and areas that can not be readily drained from urban encroachment. To provide an efficient and integrated movement network for public transport, vehicular, bicycle and pedestrian movements. To protect Avalon Airport, Geelong Ring Road Employment Precinct and the potential intermodal transport facility from urban encroachment and sensitive uses.

Strategies   

Contain urban development within the defined settlement boundary in accordance with the Structure Plan map included in this clause. Support the development of areas identified for rezoning to Residential 1 and Low Density Residential in accordance with the Structure Plan map included in this clause. Support the rezoning of ‘future residential’ areas when a review of lot supply indicates rezoning is necessary to continue to achieve at least 15 years lot supply taking into consideration any infill opportunities that will not be realised in the short term.

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Ensure the sequential development of future residential’ area west of O’Hallorans Road proceeds from east to west. Ensure new development incorporates sustainability principles including environmentally sustainable design, energy efficiency, connectivity and water sensitive urban design. Ensure new subdivision developments on General Residential Zone Schedule 1 zoned land incorporate urban design treatments that reinforce the rural characteristics of the town. Limit Rural Living to existing zoned land within Lara. Locate and integrate future education, community and recreation facilities to enhance their accessibility and to maximise joint use wherever possible. Provide additional bicycle and pedestrian opportunities and connections throughout the township including new footpaths and bicycle lanes. Support the implementation of the principles and objectives contained in the Lara town Centre Urban Design Framework, including expanding the town centre to provide additional retail and commercial land including a full-line supermarket and community and transport infrastructure. Consider alternative town centre layout options provided that all the aims and strategies of the Lara Town Centre Urban Design Framework are satisfied. Limit the Patullos Road shopping strip to the existing Commercial 1 zoned land. Limit industrial uses within the township to land currently zoned for industrial purposes. Ensure that land use and development outside the settlement boundary does not prejudice the long term strategic directions identified in the Structure Plan map included in the clause including: o Retention of the rural landscape setting including views to the You Yangs; o Protection of agricultural land, particularly to the north of Lara and aquaculture or intensive agricultural production activities adjacent and complimentary to Avalon Airport; o Protection of buffers to the Geelong Ring Road Employment Precinct; o Protection of opportunities for a potential intermodal transport facility o Protection of the current and future operations and development of Avalon Airport including associated or compatible uses.

Local Planning Policies 22.05 - Agriculture, Rural Dwellings and Subdivision The objective of Clause 22.05 of the Local Planning Policy Framework is to:    

support the ongoing use of the rural areas for agriculture and to preserve their farmed rural landscape. ensure that the development of dwellings and excision of existing dwellings in the Farming Zone is consistent with the purpose of the zone and the utilisation of the land for sustainable rural uses. protect agricultural production and the normal operation of agricultural activities by preventing land use conflicts, particularly conflicts associated with the introduction of non-farm related dwellings into rural areas. limit development of new dwellings on prime or high quality agricultural land

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Referrals INTERNAL

Traffic The application will be supported subject to the following conditions: Vehicle crossings 1.

Before the use begins, redundant vehicle crossings must be removed and kerb, channel and footpath reinstated. The new vehicle crossing must be constructed in accordance with the endorsed plan(s) to the satisfaction of the Responsible Authority, and shall comply with the following: a) b) c) d) e)

Vehicular crossing shall be constructed at right angles to the road Accessways shall cross the road reserve boundary at right angles To enable all vehicles to exit/enter the site in a forward direction Proposed vehicular crossing shall have satisfactory clearance to any existing utility pole or pit. Vehicle crossing shall be in accordance with the requirements of the Responsible Authority.

Amended Plans 2.

Before the Permit is issued, amended plans to the satisfaction of the Responsible Authority must be submitted to, and approved by the responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with the plans submitted with the application but modified to show but not be limited to: a)

Revised Intersection i) ii)

iii)

b)

The existing intersection must be redesigned to a “T” intersection. A road safety audit must be carried out by an independent auditor, at the design stage of the intersection and all recommendations implemented Swept path diagrams must be provided supporting the proposed intersection design.

Vehicle Access i) ii) iii

Vehicle access to be located a minimum of 150 north of the intersection. Swept path diagrams must be provided to support proposed vehicle access Details of Pedestrian sight splays must be included.

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Parking i)

Disabled parking must be considered for both the Goat Farming Unit and the Office building. Disabled parking bays to be provided close to the facilities buildings. To be linemarked and signed to appropriate Australian

Standards ii) Provision of car spaces to accommodate all expected staff and visitors to the site. iii) Designated parking areas must be lit to relevant Australian Standards. Location and type of lighting to be marked on the base plans. iv) Formal parking arras to have all-weather, impermeable surface, and to be fully delineated. d)

Bicycles: i) Details of revised footpath / cyclepath revision in relation to the revised intersection. ii) Details of dedicated cyclists access through the parking areas and to the cycling facilities (painted paths).

e)

Pedestrians: i) Details of dedicated pedestrian access to the site from both For4est Road South and Broderick Road. ii) Details of dedicated pedestrian access through all parking areas of the proposal.

Officer comment The conditions as suggested will be included in the permit. Environmental Health Given the proposed location is significantly closer to sensitive locations than comparable businesses the following issues need to be dealt with. The facility poses the potential of transmitting Q fever to the local community and to staff at the proposed facility and staff at other nearby business without adequate infection control protocols being implemented. The applicant must provide a Q-Fever management plan to reduce / address the potential Building Investigation Officer-hazard risks associated with intensive goat farming. The odour generated from the Goat farm and potentially the Milk Processing Plant also needs to be adequately controlled and measures but in place to mitigate this potential issue. The Milk Drying Plant also has the potential to be a considerable source of noise due to the operation of equipment at the Milking Units, Air conditioning equipment at the office, the Milk Drying Plant and the other external plant including motors and pumps. These types of equipment generate significant levels of sound as stated in Appendix A: Modelling Sound Power Levels in the Acoustic Report and have the potential to create considerable detrimental effects to the amenity of the local area.

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Of primary concern is the potential for noise to adversely affect the local community. The proposed facility will operate on a 24 hour basis. The potential noise can affect the sleep patterns of the residents in the nearby residential areas. Sleep disturbance is considered to be a major environmental effect associated with noise. All external plant and equipment must be acoustically treated or placed in soundproof housing to reduce noise to a satisfactory level that does not affect the local community in an adverse manner. Officer comment: Conditions relating to odour management, noise and dust will be included in the permit. The Q Fever Risk Assessment as assessed by DHHS is considered to adequately the matters raised in regard to the risk of Q Fever to the local community. Environment Unit The majority of the site is highly modified from agricultural use and comprises areas of open pasture and crops. Planted native (non-indigenous) and exotic trees are present with native vegetation limited to a sparse cover (