Go to top of page

Amendment C155 Frequently Asked Questions

This page provides information about some of the common questions in relation to Amendment C155, which proposes to introduce the Environmental Audit Overlay to 116 properties in Bayside. 

How were the 116 properties identified as being potentially contaminated?

To identify these properties, we looked at historical rates databases, information from consultants and aerial imagery dating back to the 1970s to determine former industrial uses in Bayside. Once these were mapped, we looked at the individual land uses and consulted with the EPA to identify the sites which were a high and medium risk for potential contamination.

What does this mean for land owners and affected land?

If your land is affected by an Environmental Audit Overlay, it means that if you wish to redevelop your land with a sensitive use (for example, residential, education or child care), an environmental audit needs to be undertaken before a planning permit can be granted.

What if I want to redevelop my land with a 'non-sensitive' use?

The Environmental Audit Overlay does not prevent a commercial building being demolished and replaced with another commercial building. An audit is only required if a sensitive use if proposed.

What happens after the audit is prepared?

If the environmental audit finds no evidence of land contamination, the planning permit application can proceed as per a normal process.

If the audit finds evidence of land contamination, or recommends further testing be undertaken, you may need to demonstrate that the site can be treated so that it can be safely used in the future.

Should I make a submission?

Anyone affected by the amendment is able to make a submission either in support of the amendment, seeking changes to the amendment or opposing the amendment.

If you are aware of previous remediation works that have been undertaken, or have information about the site that indicates contamination may not be an issue, you should include evidence of this information with your submission.

Submissions need to be received by 5pm, 11 August 2017.

What happens after the date for submissions closes?

Following the completion of the public advertising process, we will consider any submissions received at a Council Meeting.

If there are submissions seeking changes to or opposing the amendment, it is likely that we will request the Minister for Planning to appoint an independent Planning Panel to consider the submissions received. 

Pre-set Panel Hearing dates have been set for October or November 2017.