and Map 1 in Schedule 9 to the UGZ. Ultimately these are matters to be tested through evidence and the VPA will provide its further comment in due course. Issue 2: planning controls Submissions in response to exhibition Hi-Quality’s submission did not address what planning controls should apply to land within the landfill buffer. J and L Ware submitted that a buffer should be applied that prevents residential uses until the relevant noise and dust-generating activities relocate, change or cease. The EPA submitted that changes should be made to Schedule 9 to the UGZ to: prohibit sensitive uses within the buffer the landfill continues to operate; and require a s53V audit to accompany all applications within the landfill buffer. The MWRRG submission generally supported the provisions in Schedule 9 to the UGZ, but recommended: more clearly identifying the landfill buffer in Map 1 and renaming the buffer ‘landfill gas migration and amenity buffer area’; removing the application of residential zones within the buffer; and transferring the provisions that relate to the buffer to an Environmental Significance Overlay (ESO). SV submitted that: sensitive uses should be prohibited within the landfill buffer; additional sensitive uses should be considered for exclusion, such as place of worship, business college, employment training centre, tertiary institution, and outdoor/indoor recreation facility; Plan 3 in the PSP and Map 1 in the Schedule should more clearly identify the land uses within the buffer; and in the longer term, the buffer be converted into an overlay in the Scheme. VPA submissions and response to evidence The Landfill BPEM states that where a proposal have the effect of allowing ‘would development that encroaches into the recommended landfill buffer or increases the extent of development within the already encroached buffer area, EPA recommends that the planning or responsible authority require an environmental audit be conducted under Section 53V of the EP Act’. The EPA has published a draft guideline on Assessing planning proposals near landfills to provide further advice to planning and responsible authorities in relation to this issue. The draft guideline notes that landfill buffers are to manage the risk of both landfill gas and odour impacts, which raise different concerns in relation to encroaching use and development. It states:
and Map 1 in Schedule 9 to the UGZ. Ultimately these are matters to be tested through evidence and the VPA will provide its further comment in due course. Issue 2: planning controls Submissions in response to exhibition Hi-Quality’s submission did not address what planning controls should apply to land within the landfill buffer. J and L Ware submitted that a buffer should be applied that prevents residential uses until the relevant noise and dust-generating activities relocate, change or cease. The EPA submitted that changes should be made to Schedule 9 to the UGZ to: prohibit sensitive uses within the buffer the landfill continues to operate; and require a s53V audit to accompany all applications within the landfill buffer. The MWRRG submission generally supported the provisions in Schedule 9 to the UGZ, but recommended: more clearly identifying the landfill buffer in Map 1 and renaming the buffer ‘landfill gas migration and amenity buffer area’; removing the application of residential zones within the buffer; and transferring the provisions that relate to the buffer to an Environmental Significance Overlay (ESO). SV submitted that: sensitive uses should be prohibited within the landfill buffer; additional sensitive uses should be considered for exclusion, such as place of worship, business college, employment training centre, tertiary institution, and outdoor/indoor recreation facility; Plan 3 in the PSP and Map 1 in the Schedule should more clearly identify the land uses within the buffer; and in the longer term, the buffer be converted into an overlay in the Scheme. VPA submissions and response to evidence The Landfill BPEM states that where a proposal ‘would have the effect of allowing development that encroaches into the recommended landfill buffer or increases the extent of development within the already encroached buffer area, EPA recommends that the planning or responsible authority require an environmental audit be conducted under Section 53V of the EP Act’. The EPA has published a draft guideline on Assessing planning proposals near landfills to provide further advice to planning and responsible authorities in relation to this issue. The draft guideline notes that landfill buffers are to manage the risk of both landfill gas and odour impacts, which raise different concerns in relation to encroaching use and development. It states: