International trade is growing and with it, the proportion of containerised goods. The demand for land on which to store shipping containers continues to grow with these trends.
Containerised trade and facilities that support this trade are critical to Victoria’s economy. Shipping container storage and other facilities that handle shipping containers can have significant transport and environmental impacts where they adjoin sensitive uses or use transport routes in or near sensitive areas.
The advice in this practice note can inform planning decisions about shipping container storage as well as other land uses that involve shipping container handling, such as a transport terminal.
What is a shipping container?
Shipping containers are large, usually rectangular-shaped, units that are used or are capable of being used to carry goods for transport by sea, road, rail or air. Shipping containers used in international trade are of standard sizes and dimensions to facilitate their easy transfer from one transport mode to another. The most common shipping container transported by sea, road or rail is either 6.1 or 12.2 metres (20 or 40 feet) long by 2.4 metres (8 feet) wide and 2.6 metres (8 feet 6 inches) high.
The industry commonly refers to a shipping container as a TEU if it is 20 feet long, or a 2TEU if it is 40 feet long. TEU means twenty foot equivalent unit.
What is shipping container storage?
‘Shipping container storage’ is a land use term in clause 73.03 of all Victorian planning schemes, which is defined as:
The shipping containers may be empty or full.
The storage of shipping containers on a site does not necessarily mean that the land is being used for shipping container storage. The storage of shipping containers may be ancillary or incidental to another use of the land.
If the primary purpose of the land use is to store shipping containers, the definition of shipping container storage applies.
If the land is to be used primarily for some other purpose, another definition in the planning scheme may apply, such as ‘transport terminal or industry’.
Other purposes could be to:
- assemble or distribute containerised goods; or
- manufacture goods made from parts stored in shipping containers on the land.
If the land is to be used for more than one purpose, for example, to store shipping containers and to assemble and distribute goods, and one use will not be more dominant than the other, it is possible that more than one land use term may apply. The use and development controls applying to each land use term must be met.
What planning scheme provisions apply to shipping container storage?
The planning scheme provisions that apply to shipping container storage include:
Relevant provisions may also be included in the municipal planning strategy (MPS) and local planning policies of the PPF.
Municipal planning strategy
The MPS sets out the vision for the future development of the municipality. It may include strategic directions for industry and business that are relevant to a shipping container storage proposal.
Planning policy framework
The PPF provides the broad policy framework for use and development in planning schemes. It includes state planning policies,both statewide and regional, and local planning policies (LPP).
The responsible authority (usually the council) must take into account and give effect to PPF policies when planning for shipping container storage.
Zones
A proposal for shipping container storage can be considered in many zones including in the port zone (PZ), and in general industrial areas or areas where there is a mixture of manufacturing industry and associated commercial or industrial uses. These are the:
- Industrial 1 zone (IN1Z)
- Industrial 2 zone (IN2Z)
- Industrial 3 zone (IN3Z)
- Commercial 2 zone (C2Z, sometimes shown on the planning scheme map as B3Z or B4Z).
Land use
There are two types of zones where shipping container storage may be established or expanded.
- Zones where a planning permit is not required to use land for shipping container storage if a proposal meets certain conditions. The PZ and IN1Z fall into this category.
The conditions that must be met are set out in section 1 of the 'Table of uses' in the zone.
If one or more of these conditions cannot be met, the use is a section 2 use and requires a permit. The conditions seek to support shipping container storage by:
- facilitating adequate separation from sensitive uses, so uses such as dwellings, hospitals and schools are not affected by adverse environmental effects, nuisances or hazards
- encouraging the use on land that has access to the major road network
- ensuring that the height and setbacks of shipping container stacks on sites adjoining highly visible major roads:
- are in keeping with the scale of development expected in the zone
- provide sufficient space for an effective landscape treatment
- ensuring that where the use may create adverse amenity impacts, a permit will be needed to assess the nature of those impacts.
If a permit is not required, the applicant should demonstrate to the council’s satisfaction that the proposal meets the zone requirements before a business is established or expanded on the land.
- Zones where a planning permit is required to use land for shipping container storage. These include the C2Z (B3Z, B4Z), IN2Z and IN3Z.
Buildings and works
In industrial and commercial zones, and the port zone, a permit is required to construct a building or carry out works. Shipping containers as well as some minor works and plant rearrangements are exempt from a permit in the port zone. See the zone provisions and clause 62.02 for details.
A stack of shipping containers is not a ‘building’ as defined in the Planning and Environment Act 1987.
Unless a new building is proposed to be constructed on the site or an existing building is proposed to be extended, a requirement for a permit to construct a building would not apply.
A permit may be required to construct or carry out works associated with shipping container storage. This includes levelling works or cut and fill that change the topography of the land.
Clause 53.07
Clause 53.07 contains decision guidelines that highlight the key planning considerations about the location, use, design and operation of shipping container storage, including:
- suitability of the site for shipping container storage
- effect on the amenity and character of the neighbourhood
- whether the site layout is designed to avoid or reduce significant off-site effects
- need for landscaping to screen or soften the appearance of the site
- adequacy of traffic management measures.
An applicant should supply sufficient information to enable a responsible authority to consider these matters.
Clause 53.07 does not apply to land that is in a port zone or special use zone that has been established for port and port-related activities. Special provisions apply to these areas, as set out in the zone or its schedule.
Other provisions
The land may also be affected by other provisions in the planning scheme, such as an overlay. The council can advise which planning scheme provisions apply.