33 02
INDUSTRIAL 2 ZONE
BRIMBANK PLANNING SCHEME
Shown on the planning scheme map as IN2Z
Purpose
To implement the Municipal Planning Strategy and the Planning Policy Framework
To provide for manufacturing industry, the storage and distribution of goods and associated facilities in a manner which does not affect the safety and amenity of local communities
To promote manufacturing industries and storage facilities that require a substantial threshold distance within the core of the zone
To keep the core of the zone free of uses which are suitable for location elsewhere so as to be available for manufacturing industries and storage facilities that require a substantial threshold distance as the need for these arises 33
Use
BRIMBANK PLANNING SCHEME
Condition
Agriculture (other than Apiculture, Crop raising, Grazing animal production, Intensive animal production, Pig farm and Poultry farm)
Caretaker's house
Convenience shop
Education centre
Equestrian supplies
Industry (other than Automated collection point )
Leisure and recreation (other than Informal outdoor recreation)
Office
Party supplies
Retail premises (other than Shop)
Sex services premises
Utility installation (other than Minor utility installation and Telecommunications facility)
Warehouse
Any other use not in Section 1 or 3
Must not be a primary or secondary school.
The leasable floor area must not exceed the amount specified in the schedule to this zone.
Section 3 - Prohibited Use
Accommodation (other than Caretaker's house)
Display home centre
Hospital
Intensive animal production
Pig farm
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BRIMBANK PLANNING SCHEME
Use
Place of assembly (other than Carnival or Circus)
Poultry farm
Shop (other than Adult sex product shop, Convenience shop, Equestrian supplies, Party supplies and Sex services premises)
Veterinary centre
33.02-2 14/01/2025 VC237
Use of land
Application requirements
An application to use land for an industry or warehouse must be accompanied by the following information, as appropriate:
The suitability of the industry or warehouse being located in the core of the zone, where the land is more than 1500 metres from land (not a road) which is in an Activity Centre Zone, Capital City Zone, Commercial 1 Zone, Docklands Zone, residential zone or Rural Living Zone and land used for a hospital, an education centre or corrective institution or land in a Public Acquisition Overlay to be acquired for a hospital, an education centre or corrective institution and the industry or warehouse is a purpose which is listed in the table to Clause 53.10 as requiring a threshold distance of less than 1500 metres, or is not listed in the table.
The purpose of the use and the types of processes to be utilised
The type and quantity of goods to be stored, processed or produced
How land not required for immediate use is to be maintained
Whether a Development Licence, Operating Licence, Permit or Registration is required from the Environment Protection Authority,
Whether a notification under the Occupational Health and Safety Regulations 2017 is required, a licence under the Dangerous Goods Act 1985 is required, or a fire protection quantity under the Dangerous Goods (Storage and Handling) Regulations 2022 is exceeded.
The likely effects, if any, on the neighbourhood, including:
Noise levels
Air-borne emissions
– Emissions to land or water
– Traffic, including the hours of delivery and dispatch
– Light spill or glare
Exemption from notice and review
An application is 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
This exemption does not apply to land within 30 metres from land (not a road) which is a residential zone, Capital City Zone or Docklands Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre
33.02-3 31/07/2018
Decision guidelines
BRIMBANK PLANNING SCHEME
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The Municipal Planning Strategy and the Planning Policy Framework
The suitability of the industry or warehouse being located in the core of the zone, where the land is more than 1500 metres from land (not a road) which is in an Activity Centre Zone, Capital City Zone, Commercial 1 Zone, Docklands Zone, residential zone or Rural Living Zone, land used for a hospital, an education centre or a corrective institution or land in a Public Acquisition Overlay to be acquired for a hospital, an education centre or a corrective institution and the industry or warehouse is a purpose which is listed in the table to Clause 53 10 as requiring a threshold distance of less than 1500 metres, or is not listed in the table
The effect that the use may have on nearby existing or proposed residential areas or other uses which are sensitive to industrial off-site effects, having regard to any comments or directions of the referral authorities
The effect that nearby industries may have on the proposed use
The drainage of the land.
The availability of and connection to services.
The effect of traffic to be generated on roads
The interim use of those parts of the land not required for the proposed use
Subdivision
Permit requirement
A permit is required to subdivide land
VicSmart applications
Subject to Clause 71 06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2
Class of application
Subdivide land to realign the common boundary between 2 lots where:
The area of either lot is reduced by less than 15 percent. The general direction of the common boundary does not change.
Subdivide land into lots each containing an existing building or car parking space where:
The buildings or car parking spaces have been constructed in accordance with the provisions of this scheme or a permit issued under this scheme.
An occupancy permit or a certificate of final inspection has been issued under the Building Regulations in relation to the buildings within 5 years prior to the application for a permit for subdivision.
Subdivide land into 2 lots if:
The construction of a building or the construction or carrying out of works on the land:
Information requirements and decision guidelines
59.01
Clause 59.02
Clause 59.02
33.02-4
15/03/2024
VC256
Class of application
BRIMBANK PLANNING SCHEME
Information requirements and decision guidelines – Has been approved under this scheme or by a permit issued under this scheme and the permit has not expired.
– Has started lawfully
The subdivision does not create a vacant lot.
Exemption from notice and review
An application is 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 This exemption does not apply to land within 30 metres from land (not a road) which is in a residential zone or land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The Municipal Planning Strategy and the Planning Policy Framework
Any natural or cultural values on or near the land
Streetscape character
Landscape treatment
Interface with non-industrial areas
The suitability of the proposed lots for the types of industries and warehouses shown in the table to Clause 53 10
Buildings and works
Permit requirement
A permit is required to construct a building or construct or carry out works
This does not apply to:
A building or works which rearrange, alter or renew plant if the area or height of the plant is not increased
A building or works which are used for crop raising or informal outdoor recreation
A rainwater tank with a capacity of more than 10,000 litres if the following requirements are met:
The rainwater tank is not located within the building’s setback from a street (other than a lane)
– The rainwater tank is no higher than the existing building on the site
– The rainwater tank is not located in an area that is provided for car parking, loading, unloading or accessway
A building or works which are used for grazing animal production, except for permanent or fixed feeding infrastructure for seasonal or supplementary feeding constructed within 100 metres of:
– A waterway, wetland or designated flood plain
–
A dwelling not in the same ownership
BRIMBANK PLANNING SCHEME
– A residential or urban growth zone.
VicSmart applications
Subject to Clause 71.06, an application under this clause for a development specified in Column 1 is a class of VicSmart application and must be assessed against the provision specified in Column 2.
Class of application
Construct a building or construct or carry out works with an estimated cost of up to $1,000,000 where the land is not:
Within 30 metres of land (not a road) which is in a residential zone.
Used for a purpose listed in the table to Clause 53.10.
Used for an Adult sex product shop.
Application
requirements
Information requirements and decision guidelines
An application to construct a building or construct or carry out works must be accompanied by the following information, as appropriate:
A plan drawn to scale which shows:
– The boundaries and dimensions of the site
– Adjoining roads
– Relevant ground levels
– The layout of existing and proposed buildings and works
– Driveways and vehicle parking and loading areas
– Proposed landscape areas
– External storage and waste treatment areas.
Elevation drawings to scale which show the colour and materials of all buildings and works.
Construction details of all drainage works, driveways and vehicle parking and loading areas
A landscape layout which includes the description of vegetation to be planted, the surfaces to be constructed, a site works specification and the method of preparing, draining, watering and maintaining the landscape area
Exemption from notice and review
An application is 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 This exemption does not apply to an application for a building or works within 30 metres of land (not a road) which is in a residential zone or land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre
Decision guidelines
Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:
The Municipal Planning Strategy and the Planning Policy Framework
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BRIMBANK PLANNING SCHEME
The suitability of the proposed buildings or works for the types of industries and warehouses shown in the table to Clause 53 10
Any natural or cultural values on or near the land
Streetscape character
Built form
Landscape treatment.
Interface with non-industrial areas.
Parking and site access
Loading and service areas
Outdoor Storage
Lighting
Stormwater discharge
Maintenance
All buildings and works must be maintained in good order and appearance to the satisfaction of the responsible authority
33.02-5
31/07/2018 VC148 Signs
Sign requirements are at Clause 52 05 This zone is in Category 2
Page 7 of 7
45 06
31/07/2018
VC148
45 06-1
19/01/2006
VC37
45.06-2
19/01/2006
VC37
BRIMBANK PLANNING SCHEME
DEVELOPMENT CONTRIBUTIONS PLAN OVERLAY
Shown on the planning scheme map as DCPO with a number
Purpose
To implement the Municipal Planning Strategy and the Planning Policy Framework
To identify areas which require the preparation of a development contributions plan for the purpose of levying contributions for the provision of works, services and facilities before development can commence
Development contributions plan
A permit must not be granted to subdivide land, construct a building or construct or carry out works until a development contributions plan has been incorporated into this scheme
This does not apply to the construction of a building, the construction or carrying out of works or a subdivision specifically excluded by a schedule to this overlay
A permit granted must:
Be consistent with the provisions of the relevant development contributions plan
Include any conditions required to give effect to any contributions or levies imposed, conditions or requirements set out in the relevant schedule to this overlay.
Preparation of a development contributions plan
The development contributions plan may consist of plans or other documents and may, with the agreement of the planning authority, be prepared and implemented in stages
The development contributions plan must:
Specify the area to which the plan applies
Set out the works, services and facilities to be funded through the plan, including the staging of the provision of those works, services and facilities
Relate the need for the works, services or facilities to the proposed development of land in the area
Specify the estimated costs of each of the works, services and facilities
Specify the proportion of the total estimated costs of the works, services and facilities which is to be funded by a development infrastructure levy or community infrastructure levy or both
Specify the land in the area and the types of development in respect of which a levy is payable and the method for determining the levy payable in respect of any development of land.
Provide for the procedures for the collection of a development infrastructure levy in respect to any development for which a permit is not required
The development contributions plan may:
Exempt certain land or certain types of development from payment of a development infrastructure levy or community infrastructure levy or both
Provide for different rates or amounts of levy to be payable in respect of different types of development of land or different parts of the area