Planning reform process FAQs
UPDATED 14 May 2019
Planning for sustainable animal industries – FAQs
List of questions
How did the animal industry planning reforms come about?
The Animal Industries Advisory Committee
Responding to the AIAC
Did the government address all the recommendations?
Delivering the Government response
When will the 12 actions be delivered?
Which government departments are responsible for delivering the 12 Actions?
Further consultation
What levels of consultation have been established regarding the proposed changes?
The Government’s Commitment
Victorian Government support for animal industries
Why are animal industries being supported in Victoria?
Has the Victorian government changed its policy position on intensive animal industries and will that impact the new proposed planning regulations?
General questions
Right to farm
How does Planning for Sustainable Animal Industries impact my right to farm?
Piggeries
Does the land use term for Piggery include free-range piggeries?
Do free-range piggeries require a planning permit?
Why do free range piggeries need a planning permit?
Existing planning permit applications
Does this change decisions for applications currently being considered?
Will the changes be retrospective?
Should I wait until changes are made before submitting a planning application?
Enforcement
How is enforcement being carried out?
Why isn’t there an action to address enforcement issues?
Assistance for local government
What increased help is available for local government?
Why did government not support the recommendation of farm liaison officers?
Assistance for farmers
What increased help is available for farmers?
Assistance for community
How do these proposed planning reforms help community?
How did the animal industry planning reforms come about?
The Animal Industries Advisory Committee
Planning controls over intensive animal industries are out of date and have caused problems for farmers, local government and the community in recent years.
In 2015, The Victorian Minister for Planning and the Minister for Agriculture established the Animal Industries Advisory Committee (AIAC) to consider how the planning system could better support animal industries in Victoria, while balancing environmental outcomes and community expectations.
Responding to the AIAC
After extensive consultation with local government, industry groups and communities, the AIAC delivered its final report to the Minister for Planning and Minister for Agriculture on 29 April 2016 within the timeframe set out in its Terms of Reference.
It made 37 broad-ranging recommendations. The Victorian Government’s comprehensive response to the AIACs final report is detailed in ‘Planning for Sustainable Animal Industries’.
Did the government address all the recommendations?
Yes. Appendix 1 of ‘Planning for Sustainable Animal Industries’ provides a direct response to each of the AIAC’s 37 recommendations.
Delivering the Government response
When will the 12 actions be delivered?
Some actions are complete and others in various stages of progress. Medium and longer-term actions are more complex and require broader consultation. See the progress on actions in the table below.
Which government departments are responsible for delivering the 12 Actions?
Most actions are being led by Agriculture Victoria (DEDJTR), which is working in close consultation with the Department of Environment, Land, Water, and Planning (DELWP).
Regional Development Victoria (DEDJTR), Local Government Victoria (DELWP), and the Environment Protection Authority (EPA) are also involved in delivering the actions.
A Victorian Government interdepartmental steering committee is overseeing the effective and efficient delivery of the 12 actions.
Further consultation
What levels of consultation have been established regarding the proposed changes?
Significant and wide-ranging consultation with communities, local government and industries has already occurred in 2017 and early 2018 on several of the proposed reforms. The level of consultation to implement each action varies depending on the complexity of the action and level of stakeholder interest.
The Government’s Commitment
Victorian Government support for animal industries
Why are animal industries being supported in Victoria?
Victoria’s animal industries are significant contributors to the Victorian economy. They are major employers in regional Victoria, employing around 52,000 people (on-farm and in processing). Animal industries contribute over 60 per cent ($8.1 billion) of Victoria’s total value of agricultural production.
Has the Victorian government changed its policy position on intensive animal industries and will that impact the new proposed planning regulations?
No. The Victorian Government’s policy position has not changed. The government’s vision remains strongly focused on:
- Growing Victoria’s animal industries in a sustainable manner
- Consideration of environmental and amenity impacts of animal industries and ensuring they are well managed through the planning system
- Supporting local government to make well informed decisions
- Ensuring that the community has confidence in Victoria’s animal industries.
The 12 actions to which the government has committed focus on providing clarity in the planning system, and increasing support and advice, rather than increasing regulation.
General questions
Right to farm
How does Planning for Sustainable Animal Industries impact my right to farm?
There are a number of ways people interpret the concept, ‘right to farm’. In this context, the Victorian Government interprets ‘right to farm’ as the desire by farmers to undertake lawful agricultural practices without conflict or interference arising from complaints from neighbours and other land users.
Planning for Sustainable Animal Industries will improve and clarify planning regulation so people know when a planning permit is required and what rules apply.
This improves farmers’ ‘right to farm’ because there will be less ambiguity around whether certain farming practices are allowed.
Land use planning regulation is only one aspect of the right to farm debate. Other important aspects include: social licence, relationship with neighbours, options for co-existence of different land uses, and expectations of rural living.
Piggeries
Does the land use term for Piggery include free-range piggeries?
Yes.
Do free-range piggeries require a planning permit?
Yes. According to the current land use terms in the VPPs, all piggeries, including free-range piggeries, are classified as ‘intensive animal husbandry’ because pigs receive most of their food from outside their enclosure.
Due to their potential impacts on both the environment and community amenity all piggeries require a planning permit.
Is government increasing planning regulation for free-range piggeries?
No. Government is not increasing planning regulation for free-range piggeries. Free-range piggeries currently require a planning permit.
Some councils and farmers of free-range piggeries have not been aware that a planning permit was required because they did not associate free-range systems with ‘intensive animal husbandry’. However, all piggeries meet the planning scheme definition for ‘intensive animal husbandry’ because pigs receive most of their food from outside their enclosure.
Introducing a new land use definition for pig farms into the VPPs will clarify that a permit is required.
Why do free range piggeries need a planning permit?
Free-range piggeries can have a significant impact on both the environment and community amenity. Sometimes, free range piggeries can have higher environmental risks than indoor piggeries if they are not carefully sited and managed.
Environmental impacts can include soil nutrient overloading, leaching or runoff of nutrients, soil structural decline through compaction, and soil erosion.
Amenity impacts can include offensive odour, dust, noise, vermin and flies, and visual impacts.
Existing planning permit applications
Does this change decisions for applications currently being considered?
Planning permit applications are assessed against the Victoria Planning Provisions in place at the time of decision.
Will the changes be retrospective?
No. The introduction of new land use terms, planning controls or Codes or Practice will not impact existing, lawfully established operations.
Should I wait until changes are made before submitting a planning application?
No. While the Victorian government aims to deliver most actions by June 2018, some actions, including Action 8 (Develop a new general Code of Practice for animal industries complemented by industry-specific technical guidelines) and Action 9 (Develop a more consistent approach to determining separation distances for various intensive animal industries and production systems), will require more time to implement and stakeholder consultation.
Enforcement
How is enforcement being carried out?
Councils have clear responsibilities under the Planning and Environment Act 1987 to enforce planning schemes and the planning permits it issues. The Environment Protection Authority (EPA) is responsible for enforcing and prosecuting pollution and discharges to land, air and water under its enabling legislation and policies. The EPA and local government share responsibility for small scale pollution response, with councils acting under the provisions of the Public Health and Wellbeing Act 2008 relating to nuisance.
A clear and cohesive enforcement framework for the EPA and local government is necessary to ensure timely and effective enforcement of animal industries.
Why isn’t there an action to address enforcement issues?
The overlapping controls and responsibilities for enforcement can create difficulty in determining who is the responsible agency to act on an issue, which can result in inaction or reluctance to take enforcement action. A recent independent Inquiry into the EPA, which commenced in June 2015, examined the EPA’s role, powers, governance and funding, and tools. In particular it focussed on the shared responsibility of local government and the EPA to protect the environment. The Inquiry concluded on 31 March 2016 when the Ministerial Advisory Committee delivered its report to the Minister for Environment, Climate Change and Water. It included recommendations to establish a state-wide network of local government environment protection officers to better address the shared responsibility for environment protection.
For further information about these recommendations, actions and progress, click here.
Assistance for local government
What increased help is available for local government?
The Victorian Government is:
- Supporting local government strategic planning by improving access to regional growth and land suitability information
- Working with an implementation reference group to facilitate continued improvement in planning for sustainable animal industries
- Establishing training courses for local government planners
- Introducing clear land use definitions for animal industries into the Victoria Planning Provisions (VPPs)
- Removing the 1992 Piggeries Code as an incorporated document in the VPPs
- Developing a new general Code of Practice for animal industries complemented by industry-specific technical guidelines
- Developing a more consistent approach to determining separation distances for various animal industries and production systems
- Clearly identifying ‘Declared potable water catchment areas’ to assist planning decisions
- Developing clear guidance to improve the quality of planning permit applications, and develop model permit conditions to guide local government.
Why did government not support the recommendation of farm liaison officers?
The Victorian government recognises there is a need to provide additional support to local government when assessing planning permit applications. However, council-based farm liaison officers may not be the most effective and efficient way to address this issue. The Victorian government will establish a panel of animal industries specialists to provide technical support to local government.
Assistance for farmers
What increased help is available for farmers?
Agribusiness Development Facilitation provides support to investors to navigate the development approval process. Food and fibre specialists help investors find the right location, get their planning application ready, and provide ongoing guidance through the development approval process. The Agribusiness Development Facilitation model provides farmers with a single access point to relevant information and a pathway into a coordinated case management service.
Also underway is development of an interactive web-based tool based on the Navigating Dairy Development pilot. This will provide the Dairy industry, and later, other animal industries, with detailed regulatory and Code of Practice information for their animal industries and development types.
Assistance for community
How do these proposed planning reforms help community?
Increased clarity around planning regulations will ensure animal industries are well-managed and planning decisions are informed by quality information. It is the Victorian government’s vision that Planning for sustainable animal industries will strengthen community’s confidence in the regulation and operation of animal industries.
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