Planning for Growth - Reports

2.5

Ordinary Meeting - 02 March 2016

INTENSIVE ANIMAL INDUSTRIES ADVISORY COMMITTEE

DISCUSSION PAPER - SUBMISSION BY THE CITY OF GREATER
BENDIGO

Document Information
Author

Trevor Budge, Manager Strategy

Responsible
Director

Prue Mansfield, Director Planning and Development

Summary/Purpose
This report provides a copy of the Council submission to the Intensive Animal Industries
Advisory Committee Discussion Paper and seeks endorsement of that submission. The
Committee was established by the Minister for Planning to provide advice to both him
and the Minister for Agriculture. The Discussion Paper was released on 21 December
2015 and required submissions to be forwarded to the Committee by 5 February 2016.
This did not provide sufficient lead time to enable the submission to be prepared in time
to be placed on an earlier Council agenda. The development of the submission has been
informed by input from relevant CoGB staff, members of the Bendigo Manufacturing
Group who are intensive animal industries producers (who have also made their own
submission) and from Councils Farming Advisory Committee chaired by Cr Williams.
Trevor Budge Manager, Strategy is also a member of a Reference Group established by
the Ministers Advisory Committee to assist in the process. The Committee has indicated
that it will hold hearings in late February to early March 2016 with the view to finalising its
advice to the Ministers by 29 April 2016.
The submission sets out the importance and potential of intensive animal industries to
Bendigo, issues that have arisen in respect to land use planning in the City of Greater
Bendigo in relation to intensive animal industries and specific responses to a series of
policy directions posed by the Advisory Committee in their Discussion Paper.
Policy Context
Council Plan Reference:
Leadership and Good Governance Strategy 1.3 Contribute to policy and strategy
development being led by government and other agencies
Planning for Growth - Strategy 2.2 Council manages the planning and development of
the City through the preparation of major strategies and effective amendments to the
planning scheme.
Productivity - Strategy 4.1 Council fosters business and industry growth

PAGE 58

Planning for Growth - Reports

Ordinary Meeting - 02 March 2016

Strategy Reference:
An Intensive Animal Industries Strategy was endorsed by Council at its meeting in
November 2013. It identified the importance of intensive animal industries to the Bendigo
and regional economy. It set out proposals to amend the Greater Bendigo Planning
Scheme to protect existing operations from encroachment by ad hoc residential
development. Subsequently Council drafted an Amendment to require planning permits
for development in the buffers of existing intensive animal industries and sought
authorisation from the Minister for Planning to exhibit the amendment. This amendment
is now on hold pending the governments response to the Advisory Committee report.
Regional Strategic Plan Reference:
The Loddon Mallee South Regional Growth Plan identifies the major economic role that
intensive animal industries play in the region and supports the potential to grow the
industry and the need to ensure that potential land use conflicts are minimised.
Background Information
In late 2015 the Minister for Planning established an Advisory Committee to provide
advice to the Minister for Planning and the Minister for Agriculture on how the planning
system can support the establishment and expansion of productive, competitive and
market-responsive animal industries in Victoria, while balancing environmental outcomes
and community expectations.
Specifically the Advisory Committee was asked to provide advice and present findings
and conclusions 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.
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.
In late December 2015 the Advisory Committee released a Discussion Paper and invited
submissions. The Discussion Paper noted that:
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 Victorias rural
amenity and increasing in number.

PAGE 59

Planning for Growth - Reports

Ordinary Meeting - 02 March 2016

The potential impacts from farming activities can be broadly categorised as:
Animal welfare and biosecurity
Environment
Residential amenity
Rural economic development
Infrastructure.
A submission (attached) was drafted with input from relevant CoGB staff, members of
the Bendigo Manufacturing Group who are intensive animal industries producers (who
have also made their own submission) and from Councils Farming Advisory Committee
chaired by Cr Williams which includes Councillors Campbell and Chapman and
forwarded to the Committee prior to the closing date of submissions 5 February 2016.
Report
The Council submission sets out the economic importance of intensive animal industries
to the City of Greater Bendigo and the wider Loddon Mallee South region and specifically
addresses 16 questions that the Committee sought responses to. In summary the major
points made in the submission are that:
The Farming zone should be constructed to provide greater certainty from
encroachment on existing industries by residential development.
A system of buffers should be established in planning schemes to provide greater
certainty for intensive animal industry operations.
Codes of Practice need to be the major way that the industry is regulated.
Compliance against Codes should be responsibility of a well-equipped EPA rather
than local government.

Priority/Importance:
The final outcomes of this process are important as it relates to a major industry in the
City.
Options/Alternatives:
The Council has the option of endorsing the submission or amending it.
Timelines:
Council in its submission has requested the opportunity to discuss its submission with
the Advisory Committee when it holds hearings in late February / early March. If the
Advisory Committees Report (due on 29 April 2016) is publicly released Council may
wish to make any further submission. Further action would await the release of the
governments response. The content of the governments response will determine what
action Council needs to take in regard to the amendment to the Greater Bendigo
Planning Scheme that Council has on hold pending the outcomes of the Advisory
Committee work.

PAGE 60

Planning for Growth - Reports

Ordinary Meeting - 02 March 2016

Risk Analysis:
Not applicable
Consultation/Communication
Internal Consultation:
Internal consultation from staff with particular interests and responsibilities related to this
area.
External Consultation:
Input from members of Councils Farming Advisory Committee and from intensive animal
producers who are members of the Bendigo Manufacturing Group informed the
preparation of the submission.

Resource Implications
Budget Allocation in the Current Financial Year:
Council in its submission has requested the opportunity to discuss its submission with
the Advisory Committee when it holds hearings in late February / early March. This is
covered by existing budget arrangements.
Previous Council Support:
Council has resolved to exhibit a planning scheme amendment to implement a number of
the items included in the submission.
Projected costs for future financial years:
Not Applicable
Conclusion
Intensive Animal Industries are a significant component of the Bendigo and wider
regional economy. Bendigo is one of Australias major regional centres for intensive
animal industries. Greater certainty is required for the industry and this can be achieved
by relevant changes in the current planning system and planning scheme provisions.
Attachments
1.

Council submission to the Intensive Animal Industries Advisory Committee

Discussion Paper.

RECOMMENDATION
1.

That the Greater Bendigo City Council resolve to endorse the submission to the
Intensive Animal Industries Advisory Committee Discussion Paper.

PAGE 61

Planning for Growth - Reports

Ordinary Meeting - 02 March 2016

City of Greater Bendigo Submission to the Intensive Animal Industries Advisory Committee Discussion
Paper
Background
In late 2015 the Minister for Planning established an Advisory Committee to provide advice to the
Minister for Planning and the Minister for Agriculture on how the planning system can support the
establishment and expansion of productive, competitive and market-responsive animal industries in
Victoria, while balancing environmental outcomes and community expectations.
Specifically the Advisory Committee was asked to provide advice and present findings and conclusions 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.
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.
In December 2015 the Advisory Committee released a Discussion Paper and invited submissions.
The Discussion Paper noted that

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 Victorias rural amenity and increasing in
number.
The potential impacts from farming activities can be broadly categorised as:
Animal welfare and biosecurity
Environment
Residential amenity
Rural economic development
Infrastructure.
The Discussion Paper invited general comments and specifically sought responses to 16 questions.

General Comments

Intensive animal industries are one of the major employment industries across the City of Greater
Bendigo. It is an industry that has the capacity to expand further. About 2,000 persons are
PAGE 62

Planning for Growth - Reports

Ordinary Meeting - 02 March 2016

directly and indirectly employed in the City in this industry. There is considerable employment in
processing as well as production. In November 2014 Council engaged REMPLAN to prepare an
Agribusiness Economic Contributions Study using available ABS data. While it is not possible to
separate intensive animal production and processing from other production and processing it
showed in summary that
Food product production and processing (mostly from intensive animal production) was worth
about $500m in total output to the Greater Bendigo economy, employed around 1,300 people,
value added (value-added represents the marginal economic value that is added by each industry
sector in a defined region) just over $1.06billion to the Citys economy and the multiplier effect of
the agribusiness industry as a whole was 1.8. A copy of the report is attached.
Bendigo sits in a strategic location in regional cluster of such industries across the Loddon Mallee
South region. Industry estimates are that there are over 4,000 persons employed directly or
indirectly in intensive animal industries across the Loddon Mallee South region. The Loddon
Mallee South Regional Growth recognises the importance of this industry and its capacity for
expansion. The industry provides many jobs for unskilled and semi-skilled persons.
The region is one of the major national intensive animal production and processing areas.
This situation reflects long established production, processing plants, skilled and unskilled local
labour force, supply of feed for animals from the wider region, and support industries such as
trucking.
There is capacity and private sector support to further expand this industry and create greater
levels of employment.
A copy of the Citys adopted Intensive Animal Industry Strategy is attached.
The Greater Bendigo Councils position is that the intensive animal industry is a vital component of the
local and regional economy which has considerable further capacity to expand and it should be strongly
supported by the state government.
The land use planning system in respect to intensive animal industries should be geared to provide the
maximum level of certainty for existing operators to protect their investment.
Once established and operating with the appropriate permits and controls through state wide industry
codes operators should not be subject to uncertainty due to issues like protecting biosecurity and
amenity complaints from adjoining land owners.
Planning provisions in the Farming Zone should clearly set a framework where dwellings and other uses
and developments cannot be allowed within the established buffer distances from intensive animal
operations. If there is discretion for uses or developments within the buffer distance then the planning
provisions must clearly give Council the discretion to refuse the development based on the likely
detrimental impact on the intensive animal industry. Prior to the governments establishment of the
Intensive Animal Industry Advisory Committee Greater Bendigo Council had sought authorisation for an
amendment to its planning scheme to allow it to refuse dwellings that were sited within the buffer
distance. In the absence of the work of the Advisory Committee establishing such a position and the
government making relevant changes to the Victoria Planning Provisions Council will further pursue its
own amendment.

PAGE 63

Planning for Growth - Reports

Ordinary Meeting - 02 March 2016

Council supports a new regime where the EPA is charged with the responsibility and provided with the
resources to deal with the technical aspects of compliance with relevant state wide intensive animal
industry codes. Achieving mandatory sign off by the EPA of compliance with the relevant code should be
part of the planning process. Councils are not necessarily equipped with the staff or financial resources to
pursue the technical aspects of compliance with the relevant code. Multiple agencies responsible for
regulations and enforcement create uncertainty confusion and potential for overlap and conflict.
The Greater Bendigo Councils position is that state wide planning scheme provisions should be
strengthened so as to prevent land uses and developments impacting on the ongoing operation of
intensive animal industries and that the EPA should be resourced to deal with compliance with relevant
industry codes.
Representatives from the poultry industry in the City of Greater Bendigo are members of the Bendigo
Manufacturing Group - a peak industry advisory committee to the City of Greater Bendigos Economic
Development Unit which has been operating since 2001. They are of the view that the Farming Zone (and
its forerunners) has been diluted over time and it no longer provides the level of protection for the right
to farm. In particular, the conflict between farming operations and sensitive land uses (such as nonfarming related housing), and rezoning of farming land to residential uses without proper consideration
of its impact on commercial intensive animal operations has been a product of the evolving planning
system to the detriment of farming. Further they believe that there has been insufficient farming
protection and priority policy to guide planners in assessing planning permit applications related to this
matter. They contend that intensive farming operations have been adversely impacted resulting in the
relocation of parts of farming enterprise operations, limiting further growth at an enterprises principal
operational site and in some cases leading to the cessation of the farming operations.
While the Advisory Committee has been established to focus on issues associated with the planning
system Greater Bendigo Council submits that the issues and opportunities associated with the intensive
animal industry are wider than this and warrant government attention. The economic opportunities for
Victoria in this industry are extensive and they revolve around Australias bio-security, reputation and
ability to deliver product that is safe and world class. There is an increasing demand in Asia for product
and particularly protein. Australia including Victoria is a large exporter of grain as a raw product. Value
adding in Victoria can provide increased jobs and higher returns. Maintaining this advantage and
producing product that is both ethically and environmentally sound is important to these outcomes.
The Greater Bendigo Councils position is that supporting an improved land use planning regime is
important in this whole process of capitalising on the advantages of this industry sector. It needs to be
matched by other state government initiatives and support that can fully capitalise on the potential of
the industry. The Loddon Mallee South region is ideally placed to further expand on its leading regional
role in intensive animal industry production and processing.

In respect to the sixteen questions posed by the Intensive Animal Industries Discussion Paper
and on which comment has been sought, the Greater Bendigo Council submits:
Proposed Policy Direction
1. Provide stronger strategic guidance by undertaking regional agricultural land capability assessments
and identifying appropriate areas for intensive agriculture in local planning policies.

PAGE 64

Planning for Growth - Reports

Ordinary Meeting - 02 March 2016

Response
This direction is completely misplaced. The siting of most intensive animal industries has little if anything
to do with regional agricultural land capability assessments. Siting is largely a factor of access to grain and
other feed, provision of water and power, access to a large pool of labour particularly where production
and processing are combined on a single site, good transport infrastructure and ready access to markets.
It is this combination of factors that has made the Loddon Mallee South region such an attractive area for
production and processing. The fact that industry production can take place on land with low quality
agricultural land capability is often seen as a bonus. In fact it can be argued that siting such uses on land
of high quality is a waste of such a resource.
Council submits that there are considerable advantages in strengthening the State Planning Policy
Framework to clearly indicate that this is an industry which government supports and that Councils in
their Municipal Strategic Statement should if relevant identify areas where they would support such
industries.
Proposed Policy Direction
2. Strengthen the purpose of the Farming Zone to promote agriculture activity as the priority activity and
remove reference to encouraging dwellings as a means of promoting population growth.
Response
Agree. This is a fundamental change that is required. Changing the role and purpose of the Farming Zone
periodically has sent confusing messages. Treat the Farming zone as essentially an outdoor industrial
type zone and protect its integrity and role accordingly.
Proposed Policy Direction
3. Identify in planning schemes defined buffer distances for different types and scales of intensive animal
industries.
Response
Agree. Minimum distances required by Codes could be clearly stated. Currently all the relevant Codes are
incorporated documents in all schemes. Few people have access to the relevant most up to date codes,
stating the distances in the planning scheme would assist. The first reference people make to a planning
scheme is to check the zone and then the overlay. There is inconsistency across the state in the
application of Overlays relating to developments with potential off site impacts some waste water
treatment plants, intensive operations etc. have an Overlay which alerts someone looking at the planning
scheme most dont. A uniform approach across the State on a buffer which recognises an impact area
would assist everyone.
Proposed Policy Direction
4. Require a permit in the farming zones for new dwellings within the buffer distance of intensive animal
operations.

PAGE 65

Planning for Growth - Reports

Ordinary Meeting - 02 March 2016

Response
Support strongly. The potential to apply an absolute prohibition in close proximity should be considered.
Where properties are in Faming zone adjoining parcels are relatively large and alternative sites are
generally possible. For instance, in the City of Greater Bendigo we examined every parcel of land within
500 metres of an existing intensive animal operation. There were about 600 such parcels. There were
only four parcels where an owner could not locate a house more than 500 meters from the existing
operation. The City was therefore proposing an Amendment to its Planning Scheme which would have
proposed a requirement for a planning permit in the Farming Zone within 500 metres of a broiler shed
and 700 metres from a piggery. Very few landowners would have been impacted. Other uses and
developments should be considered for a planning permit; subdivision (which usually has an expectation
that a potential house lot has been created, dams (issues of birds landing on with consequent waterbiosecurity issues), tourist uses etc.
Proposed Policy Direction
5. Base the generic definition of intensive animal husbandry on the impacts of the operation.
Response
Agree, include impact as part of the definition.
Proposed Policy Direction
6. Base the requirement for a permit for animal industries on the potential environmental and amenity
impacts of the operation derived from an assessment with an online tool.
Response
Support to the extent that online tool can deliver on this requirement. It is not likely that a tool could
achieve tis in all circumstances. Such a tool could easily indicate that a proposal would not meet the code
and scheme requirements but it is likely that there will be circumstances where further inflation is
required.
Proposed Policy Direction
7. Create specific land use terms for poultry farms (broiler, egg and hatcheries), cattle and sheep feedlots
and piggeries and other clearly intensive uses, to avoid reliance on a generic intensive animal husbandry
definition where possible.
Response
Agree but these need to be subject to periodic review. Farming techniques and operations change.
Proposed Policy Direction
8. Strengthen permit triggers, application requirements and referral arrangements for animal industry
applications.

PAGE 66

Planning for Growth - Reports

Ordinary Meeting - 02 March 2016

Response
Agree on the basis that it is very clear in the planning scheme and relevant codes when and where a
planning permit is required.
Proposed Policy Direction
9. Limit the right to object in the Farming Zone when standards prescribed for an animal husbandry
enterprise type are met.
Response
Does the term limit mean prevent? Where the standards are fully met the right to object and have any
decision subject to review can be removed through relevant clauses in the planning scheme. If the Code is
properly framed and there is confidence that it can be enforced than the planning provisions in the
Farming zone can establish that many elements that are currently subject to a planning permit can be as
of right subject to compliance with conditions.
Proposed Policy Direction
10. Clarify when farming operations have existing use rights.
Response
Agree. Farming operations are subject to change over time. What may now be common practice may not
have existed ten years ago. This would need some process of periodic review. There is a danger that over
time as farming operations change what would once be considered usual practices could effectively
become a non-conforming use.
Proposed Policy Direction
11. Create a single point of contact for all enforcement actions whose role it is to oversee enforcement
activities.
Response
Strongly support on the basis that this is not local government. Qualified and experienced personnel from
a single agency suitably equipped to undertake inspections and compliance.
Proposed Policy Direction
12. Increase the role of the EPA as an enforcement body.
Response
Strongly support an appropriately resourced EPA is the most effective course of action. Compliance and
enforcement action undertaken by the EPA should be in consultation with the relevant local Council.
Policy Proposed Direction
13. Set clearer prescribed standards and conditions for intensive animal industries in planning schemes
using the Codes of Practice approach.

PAGE 67

Planning for Growth - Reports

Ordinary Meeting - 02 March 2016

Response
Strongly agree
Proposed Policy Direction
14. Develop and maintain a contemporary Codes of Practice for all intensively farmed livestock (as a
minimum for poultry (broiler, egg and hatchery), piggeries, cattle feedlots, sheep feedlots, and feedlot
dairies).
Response
Strongly agree
Proposed Policy Direction
15. Introduce a fast track process for applications that meet defined standards.
Response
Agree. If this is to be pursued than it applies equally to all relevant state government authorities and
agencies not just local government.
Proposed Policy Direction
16. Formally recognise participation in compliant industry assurance programs in the planning process.
Some examples include APIQ, NFAS, Chicken Care and Egg Corp Assured.
Response
Agree

PAGE 68