Council Statement on O’Halloran Road Planning Decision
Published on 31 October 2025
The Planning Permit Application determined at the October Council Meeting was for the use and development of land for Extractive Industry (Mudstone Extraction) at 422 O’Halloran Road, Bridge Creek.
The landowners have previously undertaken similar operations for many years under former exemptions related to the Code of Practice for Small Quarries.
The exemptions stipulated that planning permits and Work Authorities were not required for extractive activities to a certain depth (2 metres).
In 2019, a change in state government regulations, published in the Government Gazette, restricted these exemptions. This meant operations that were previously exempt required formal planning permits and Work Authorities, however landowners were still exempt from requiring permits for removal of loose rock to improve pastures.
When Council was approached about rock extraction operations at 422 O’Halloran Road, Bridge Creek in 2024, the matter was investigated by Council’s Compliance team. Following the investigation, a request was made to the landholders that they cease their stone extraction work immediately, the landowners immediately complied.
Since that request was made, no new stone extraction has taken place. The landowners restricted their activity to the movement of previously extracted rock, which does not require Council approval.
Council has recently approved one other permit for rock extraction at Lot 3 Soldiers Road, Barwite, at the September 2024 Council Meeting. This approval was granted under the same conditions as the approval for the stone extraction operation at 422 O’Halloran Road.
Council’s statutory planning and procurement processes are entirely separate.
Council’s procurement process is governed by its Procurement Policy, which ensures value for money and open competition. As part of this, Council's evaluation process includes a preference for local suppliers.
When Council purchases materials for its projects, or donations are made from within the local community, suppliers must comply with all relevant laws and regulations.
Many of the projects referenced as using Mansfield Shire mudstone in the recent council meeting were undertaken by external contractors, or third parties such as community groups, and council does not play a direct role in sourcing materials for these projects.
For example in 2025, the ‘Friends of Joy’ community group donated mudstone for use at the ‘Seat of Joy’ installation in the Mansfield Botanic Park. The installation honours the lasting memory of Joy Forrest, a treasured member of the Mansfield Shire community.
Mansfield Shire Council General Manager Investment and Planning Melissa Crane is satisfied that the planning application for O'Halloran Road was assessed on its own merits, against the requirements of the Planning Scheme, just like any other.
“Council operates within the state government’s planning framework and is responsible for administering the rules rather than creating them,” she said.
“Council officers make significant efforts to ensure they are up to date on any changes to the Planning and Environment Act.”
“There has been a lot happening in this space recently with fundamental changes proposed to the Planning and Environment Act that will affect our community’s ability to appeal to VCAT.”
Mayor Cr Steve Rabie is pleased to have seen careful consideration paid to a complex matter, ensuring due diligence was present in Council’s decision.
“The councillors weighed the matter up over the course of an extended discussion,” he said.
“A number of questions were asked by councillors and the necessary time was taken when the matter was before Council for a decision.”
“However, Council is concerned about the state government’s failure to consult and communicate with councils regarding proposed changes to the Act introduced to parliament this week.”
“The state has a history of making sweeping changes from Melbourne, failing to engage with regional councils and leaving rural communities and councils to deal with the confusion.”