Wynne protects quarry rights ahead of rural homes: 40ha rule extinguished

Rural landholders will no longer be able to build a dwelling without a planning permit on 40ha or more, if it encroaches within 500m of a proposed quarry.

Rural landholders will no longer be able to build a dwelling without a planning permit on 40ha or more, if it encroaches within 500m of a proposed quarry.

Rural landholders’ rights to build a home on 40ha or more without a planning permit will be extinguished once any proposal is made to build a quarry within 500m of the site.

The Victorian Government gazetted amendment VC219 to the Victorian Planning Provisions last week, which states that from now on “all accommodation within 500 metres of extractive industry operations requires a planning permit”.

Planning Minister Richard Wynne’s office said “this amendment minimises conflict between housing and extractive industry in rural areas, requiring landholders to seek a permit before building accommodation near an existing or proposed quarry”.

The move forms part of the Government’s Extractive Resources Strategy - Helping Victoria, which aims to stop housing encroaching on future reserves of stone, sand and clay in what it calls “extractive interest areas” surrounding Melbourne, Geelong, Ballarat, Bendigo and South Gippsland.

The explanatory memorandum to the amendment VC219 states “these raw extractive resources are the foundation of Victoria’s built environment, contributing to the State’s economic development, jobs, liveability and community wellbeing.

“The demand for extractive resources in Victoria is expected to more than double annual production by 2050 compared to 2016 levels.

It also states the Victorian Government is committed “to preventing the encroachment of new development into quarry buffer zones, which results in pressure on existing or proposed extractive industry operations”.

Up until now rural landholders within the farming zone had the right to build accommodation without a planning permit on 40ha or more.

Macedon Ranges farmer and real estate lawyer Randall Gerkens said the removal of the 40ha right was just one example of the government chipping away at people’s development rights.

“Why on earth should farmers be affected because someone applies for a quarry permit is grossly unjust,” Mr Gerkens said.

The Victorian Farmers Federation issued a statement that it expects all primary industry land uses to be protected from potential land use conflict.

While the state’s quarry resources have been protected, the VFF wants similar protections given to agriculture in regard to land-use conflicts.

“VFF is seeking to ensure that agricultural land is reinstated to the economic development section of the Planning Policy Framework,” the VFF stated.