East of Aberline

The Victorian Planning Authority (VPA) is a State Government statutory authority within the Department of Transport and Planning that reports to the Minister for Planning.

The VPA’s main task is to make sure Melbourne and Victoria’s regions remain great places to live and work. This requires vision and long-term planning to ensure our growing population has equitable access to employment, public transport, attractive public spaces and affordable housing.

Our key priorities include unlocking land for new homes and communities, facilitating housing diversity and affordability, job creation and better development of new communities in growing and established areas.

We do this by working closely with councils, government agencies and the planning and development community on integrated land use and infrastructure coordination for new communities and strategically important precincts.

The East of Aberline Precinct Structure Plan will assist in delivering much needed land for new homes, services and jobs while addressing the city’s low residential land supply as Warrnambool’s future long-term growth area.

On 20 September 2023, the Victorian Government released Victoria’s Housing Statement: The decade ahead 2024-2034, in which it announced the Victorian Planning Authority will continue preparing precinct structure plans (PSPs) for new housing and jobs in Melbourne and regional Victoria. These projects will deliver a sustainable supply of greenfield land and more jobs close to home. The East of Aberline PSP has been identified as one of twenty-one priority planning projects which will contribute towards the housing supply in Victoria.

Providing more land for housing means Victorians will have access to a range of homes that suit different needs, budgets and lifestyle choices. This includes houses, townhouses and units. Increasing housing supply helps put downward pressure on housing prices and contributes to making housing more affordable.

The VPA’s plan offers an exciting opportunity for Warrnambool to grow while delivering connected urban neighbourhoods with high amenity. This will be achieved through integrated transport to provide access to local jobs, destinations and services for its future residents.

Coordinated and comprehensive planning for key precincts, such as East of Aberline, ensures the city can grow while preserving its local identity.

East of Aberline has been set aside for urban development for more than a decade. It was identified through the_City-wide Housing Strategy 2013.pdf. The Warrnambool City-wide Housing Strategy (2013) identifies East of Aberline Road (North-East Warrnambool) as one of Warrnambool’s future long-term greenfield growth areas to address the city’s low residential land supply. The Strategy also identifies the provision of social housing as an emerging issue that needs to be considered in future growth area planning.

This planning scheme amendment includes a change to the boundaries of the PSP. In July 2019, Warrnambool City Council requested VPA to become Planning Authority, and in September 2019, the Minister for Planning appointed VPA Planning Authority.  At this time, the project boundary included the entirety of the properties at 150 and 210-214 Horne Road. In 2021 the owners of 53 Rodgers Road Warrnambool (a 15ha property) requested that their property be included in the PSP boundary because the land was partly identified within the existing settlement boundary. The VPA investigated the request and identified that the request should be implemented, and that the small 2ha property at 75 Rodgers Road Warrnambool should also logically be included in 2024. Further information about the boundary change can be found in the East of Aberline PSP Background report.

Development will occur progressively over the next 20–30 years in response to market demand.

Warrnambool City Council is the responsible authority for the PSP area and will assess planning permit applications for subdivision and development in accordance with the PSP and DCP.

Developers are responsible for lodging planning applications that align with the vision and outcomes of the PSP and DCP, including infrastructure contributions and delivery requirements.

The East of Aberline PSP will deliver a new community that includes:

• A range of housing types and lot sizes to support affordability, diversity, and demographic change

• A neighbourhood activity centre including a supermarket and shops

• A new government primary school site

• Local community facilities

• An active open space reserve for sports and play

• A network of local parks and shared paths linked along Russell Creek and Tozers Reserve

Land has been reserved for a new government primary school in response to forecasted demand. The timing of this school’s delivery will be determined by the Department of Education.

The PSP has been prepared by the VPA in collaboration with Warrnambool City Council, State Government agencies, utility providers, Traditional Owners, and other stakeholders.

The plan is based on detailed technical investigations and considers the site’s natural features, cultural heritage, and the needs of future residents. Studies undertaken include:

We have prepared the following technical investigations to draft our plans:

• Aboriginal cultural heritage and post-contact heritage

• Arboricultural Assessment

• Stormwater drainage and flood management

• Flora and fauna Assessment

• Growling Grass Frog Study

• Bushfire Assessment

• Community facilities and open space

• Economic and retail Assessment

• Transport and movement

• Utilities servicing

• Land Capability Assessment

• Landscape Strategy

• Landscape and Viewshed Assessment

• Integrated Water Management Plan

The Development Contributions Plan (DCP) has been created based on a range of technical water, transport and community assessments. These assessments are available on the VPA project page. The identified items have been incorporated into the DCP, with their delivery scheduled based on the precinct’s demand.

The DCP is informed by technical assessments and agency input. Infrastructure has been identified to meet the demands of the future population and to deliver:

• Road upgrades, intersections, and shared paths

• Stormwater basins and drainage corridors, including along Russell Creek

• Land and construction contributions for community infrastructure

• Utility connections and service upgrades

This infrastructure was identified in consultation with Warrnambool City Council, Wannon Water, the Department of Transport and Planning, Department of Education and Glenelg Hopkins Catchment Management Authority.

A planning scheme governs the way land can be used and developed within the bounds of the Victorian Planning System. A planning scheme is updated from time to time via an amendment process to change the way land can be used or developed.

The planning scheme amendment will introduce the PSP, DCP and other ordinance into the Warrnambool Planning Scheme that will govern how land and infrastructure are delivered within the PSP area into the future.

Warrnambool City Council is the responsible authority who administers the Warrnambool Planning Scheme and any future planning applications will need to adhere to its conditions.

Any proposed changes to a planning scheme, such as the incorporation of the PSP, must go through a public consultation process. See the ‘Having your say’ section below for more information. 

While precinct structure plans set out the high-level intentions for a precinct, and provides detailed information setting out the required transport, drainage and community infrastructure required to serve a precinct, there is often a time-lag or disconnect between the delivery of land for housing or employment and the delivery of necessary infrastructure needed to service the new community.

This can lead to new residents and workers experiencing traffic congestion, lack of community infrastructure and a lack of public transport which in turn increases car dependency. These are not optimal outcomes and the VPA is hoping to change that.

It is critical that infrastructure to support development of growth areas is delivered in a timely and coordinated manner.

As a planning authority, the VPA is responsible for PSPs that are consistent with both the planning guidelines set out in the Precinct Structure Planning Guidelines: New Communities in Victoria (2021) and relevant state policy.

The 2021 PSP Guidelines detail how the VPA must draft our precinct plans. The PSP Guidelines require new PSPs to account for the location and timing of development, and to identify trigger points for the provision of required infrastructure. This information is contained in the Infrastructure and Development Staging Plan.

As set out in Victoria’s Housing Statement: The Decade Ahead 2024-34 (September 2023), planning for growth areas remains important – but it is important to support that growth in our suburbs by ensuring that this is delivered in line with building transport and infrastructure to connect people to jobs and services.

An Infrastructure and Development Staging Plan (IDSP) identifies the preferred pathway for infrastructure and development in a Precinct Structure Plan (PSP). The plan facilitates infrastructure and development in preferred locations. It outlines which infrastructure is required at what point based on development demands.

The plan will spatially identify the location of each development stage, together with the infrastructure needed to support each stage and enable progression to subsequent stages.

The purpose of the plan is to mitigate poor outcomes for those living and working in a new precinct that might arise through a misalignment in the delivery of infrastructure to support a new community and staging of development.

The first stage of the precinct to be built will usually be the area not reliant on the delivery of critical state infrastructure. For example, upgraded arterial road intersections, bridge crossings or freeway interchanges.

Usually this will be land where existing infrastructure already has capacity to accommodate growth, or where there are plans or commitments in place that give the necessary level of confidence that it can and will be provided.

Considerations for identifying the first stage include:

• Logical road gateways for early road infrastructure delivery
• Appropriate locations for early drainage infrastructure delivery
• Access to existing public transport infrastructure
• Access to utilities infrastructure
• Proximity to existing town centres and community infrastructure

The remaining new infrastructure can be funded through developer contributions and provided as development proceeds within the stage.

The VPA undertakes a detailed analysis to determine staging within a precinct. The analysis considers the local context, known state funding commitments, locations and likely rates of development, local infrastructure provision and background technical studies for traffic, transport and drainage. The VPA also completes a detailed financial analysis. This analysis considers projected cash flow over time and compares this against expenditure on the infrastructure items within the Precinct Infrastructure Plan (PIP).

The aim is to avoid an imbalance between revenue and expenditure regarding infrastructure provision. Where infrastructure is required to ‘unlock’ and provide for orderly development prior to infrastructure contributions being available, consideration is given to the mechanisms needed to align development staging and infrastructure provision.

This is particularly critical when considering the first stage, to ensure there is essential infrastructure for those who are the first residents living, and employees working, in a new community.

All future PSPs will include some level of provision applied to use and development (including subdivision) to implement the staging plan. In exceptional cases, use and development (including subdivision) may be prohibited until the required infrastructure is delivered. This may be required due to insufficient capacity of existing infrastructure and the need to build new infrastructure before new development can proceed.

Existing residents and businesses will usually be allowed to make minor changes and alterations to their properties under the provisions of the Urban Growth Zone – Part A (UGZA), the intent is that material or substantial development will not occur outside of the staging guidance in the PSP.

Note: ‘Development’ is defined by the Planning and Environment Act 1987. This definition includes subdivision.

In some cases, the capacity of existing infrastructure is already exceeded due to existing development in the surrounding area. This means there is no capacity to accommodate any new development.

Therefore, additional measures are required to control – and possibly prohibit – development within the PSP area until there is certainty of delivery of new infrastructure. For example, opening a new freeway interchange.

It is not acceptable to create new allotments if they cannot be provided with safe and sufficient movement and access to their new community.

Timing new development appropriately with delivering essential infrastructure results in better planning and community outcomes.

For local infrastructure projects funded by a Development Contributions Plan (DCP), a developer or landowner can propose a Work-In-Kind (WIK) agreement with the relevant collecting agency (usually Council). There is no right of review if a collecting agency refuses to accept a WIK proposal.

The precinct contains existing ecological and conservation values and revegetation/re-habitation opportunities, including the native vegetation, potential roosting habitat and waterway conservation corridor.

How does our plan manage existing vegetation and support ongoing conservation?

• The precinct has designated conservation areas along Russell Creek and to the Tozer Reserve and surrounding vegetation for ongoing conservation.

• The conservation areas will be buffered from the impacts of urban development by designating vegetation management buffers, parks and public reserve. The ongoing conservation will be also supported by abutting new development that must provide a conservation masterplan to support re-habitation for species such as Growling Grass Frogs.

• New development will be required to protect existing native vegetation and incorporate the retention and revegetation into the landscape plan.

The precinct currently includes land that is subject to inundation in a 1% Annual Exceedance Probability (AEP) event. Climate change has been factored into the 1 in 100 AEP flood estimation in accordance with the BoM Intensity-Frequency-Duration 2016.

We have undertaken extensive flood modelling to determine the impacts of 1% AEP flooding, under current and future climate changes, and to ensure no increase in flooding downstream or offsite is created by the precinct.

Flooding in the precinct is associated with Russell Creek, a tributary of the Merri River. Key flood management features in the plan include:

• No new development in high flood hazard areas

• Protecting and enhancing the Russell Creek floodplain

• Temporary storage of floodwaters via drainage basins and wetlands

• An urban standard stormwater drainage system

The Victorian Planning Authority, Warrnambool City Council and Glenelg Hopkins CMA have developed a stormwater management strategy for the precinct to ensure that future development is resilient to flood events, including the impacts of climate change.

Flood and drainage solutions for the East of Aberline PSP were based on:

• Technical reports by Spiire and SMEC (available on the VPA’s project webpage)

• Input from Glenelg Hopkins CMA and Warrnambool City Council

• Updated modelling using the latest data and storm event scenarios

• Integrated Water Management (IWM) principles to support biodiversity and amenity as well as drainage

It is common for council to need to acquire land as part of new development to meet the needs of a new or existing community. Land acquisition is a mechanism that is employed to reserve land, assist in delivery of new or upgrades to essential infrastructure and to improve public safety.

For example, land required for flood management and to build infrastructure (i.e. new roads and intersections) are often acquired by council to ensure that these projects can be delivered and be managed by council into the future.

We understand that finding out your land needs to be acquired is confronting. The VPA’s advice should not be relied on in place of seeking independent legal advice and referring to the Land Acquisition and Compensation Act

A Public Acquisition Overlay (PAO) reserves land for a public purpose and indicates that your land has been designated for compulsory acquisition. The PAO may also restrict the use and development of your land.

PAOs are a legislated planning tool and, once approved via a Planning Scheme Amendment, will form part of the Warrnambool Planning Scheme.

There is no expiry date for PAO. They can be placed on land indefinitely, until that land is required for its intended purpose. In the future, if it is determined that your land is no longer required for the intended purpose, the PAO will be removed.

You will be contacted directly by the Victorian Planning Authority (VPA) to advise if your land has been identified for compulsory acquisition and will be given an opportunity to express your views. Land identified in the Precinct Structure Plan (PSP) for compulsory acquisition means it is subject to the Public Acquisition Overlay (PAO).

As new development occurs, infrastructure needs to be delivered to support current and future communities. For example, roads, local parks, community or flood management infrastructure. At times, this requires compulsory acquisition of private land to deliver.

Without a PAO, council’s ability to acquire land for delivery and management of essential infrastructure can be impacted. This would result in new communities being inadequately serviced or having future safety risks.

Land affected by a PAO will be acquired based on the development needs of the precinct. The precinct will be built in stages and the supporting infrastructure will depend on the stage of construction.

You will be notified directly by council prior to the need to acquire your land and to advise you of the process and timeframes for this to occur. Council is the acquiring authority for all land designated with a PAO within the PSP.

The process that must be followed to acquire land is set out in the Department of Transport and Planning Guide to the Victorian Planning System: Acquisition and compensation. 

If your land is acquired, you will be compensated in accordance with the Land Acquisition and Compensation Act 1986. This Act outlines the process for assessing compensation.

The assessment of compensation under the Land Acquisition and Compensation Act 1986 will consider:

• Your responses to the Notice of Intention to Acquire (NOITA)

• Market value (including severance)

• Special value

• Loss attributable to disturbance

• Professional expenses

The Act also outlines a disputes process in the event council and the landowner fail to agree upon compensation. To find our more, visit the Department of Transport and Planning Guide to the Victorian Planning System: Acquisition and compensation. 

If a PAO applies to your land, and you wish to undertake certain building and works (such as building a shed), a planning permit may be required from council. Each proposal is reviewed individually. To have a better understanding of what you can and cannot build upon your land impacted by a PAO, the VPA advises you speak directly with council.

The UGZ applies to land that has been identified for future urban development. The UGZ:

• manages the transition of non-urban land into urban land
• encourages the development of well-planned and well-serviced new urban communities, generally in accordance with a precinct structure plan
• reduces the number of development approvals needed in areas where a precinct structure plan is approved
• safeguards non-urban land from use and development that could prejudice its future urban development.

The Development Contributions Plan Overlay (DCPO) is the planning scheme tool that is being employed to collect financial contributions from developers towards the planned infrastructure that is listed in the DCP.

A developer will be required to pay the development contribution prior to the issue of the building permit.

Payment of a development contribution applies to all development requiring a planning permit. However, the following some types of development are exempt:

·       Non- government schools

·       Development that comprises renovations or alterations to an existing dwelling, demolition of a dwelling and replacement with a new dwelling and outbuildings and fences normal to a dwelling (the exemption does not apply to works associated with a second or subsequent dwellings on the same land); and

·       Reinstatement of a building which has been unintentionally damaged or destroyed, provided that the floor area of the new building is not greater than the damaged or destroyed building.

An Environmental Audit Overlay (EAO) is included in the draft planning scheme amendment. It applies to properties within the precinct that have been nominated as having a high potential for contamination.

The EAO requires the affected property to undergo an further assessment before any work can commence for any ‘sensitive uses’, such as housing, a primary school, playground, kindergarten, or early childhood centre.

The VPA has written to all affected landowners requesting that they undertake a Preliminary Risk Screen Assessment (PRSA) to determine whether an environmental audit is required on their property. PRSAs are underway on several affected properties, and the outcome of these assessments may inform refinements to the ultimate extent of the EAO within the precinct.

More information on the use of the Environmental Audit Overlay (EAO) can be found at environment.vic.gov.au/sustainability/victoria-unearthed/about-the-data/environmental-audit-overlay

The PSP also identifies several properties with a medium potential for contamination. These properties will also need to prepare further assessments and meet any conditions specified in further assessments before any work for sensitive uses can begin.

Tozer Reserve will within a  Public Conservation and Resource  Zone applied zone. The purposes of this zone include:

“To protect and conserve the natural environment and natural processes for their historic, scientific, landscape, habitat or cultural values.

To provide facilities which assist in public education and interpretation of the natural environment with minimal degradation of the natural environment or natural processes.”

In recognition of the land being managed by the Department of Education and in recognition of the Aboriginal significance and ecological values of this site, the application of this public land use zone will preserve the site’s ecological significance and perpetuate the use of the land for educational purposes.

East of Aberline’s transformation will be gradual and is expected to occur over decades (20-30 years.)

This planning will gradually change the area you live or work in over a long period of time. The precinct will transition from a predominantly farming area to a residential precinct. You may notice changes as new development occurs in addition to significant investment in community infrastructure and new open spaces.

The interruption caused by building and development will only commence once the planning scheme amendment is gazetted and the planning permit approvals process for development occurs.

DCP funds collected by Council as part of future development will be used to support delivery of essential infrastructure in the precinct structure plan. This will also minimise the impact to existing money collected via rates.

The precinct is owned by private land and/or business owners.