REASONS FOR DECISION TO EXERCISE POWER OF INTERVENTION
UNDER SECTION 20(4) OF THE PLANNING AND ENVIRONMENT ACT 1987
Boroondara, Darebin and Yarra PLANNING SCHEMEs AMENDMENT GC43
The Planning and Environment Act 1987 (the Act), the Heritage Act 1995 and the Victorian Civil and Administrative Tribunal Act 1998 provide for the intervention of the Minister for Planning in planning and heritage processes.
In exercising my powers of intervention, I have agreed to:
§ Make publicly available written reasons for each decision; and
§ Provide a report to Parliament at least every twelve months detailing the nature of each intervention.
REQUEST FOR INTERVENTION
1. The Minister for Roads and Road Safety has requested I use my powers of intervention to facilitate the upgrade of the Chandler Highway, Alphington (the project) through an amendment to the Boroondara, Darebin and Yarra Planning Schemes.
WHAT POWER OF INTERVENTION IS BEING USED?
2. I have decided to exercise my powers to exempt myself from all the requirements of sections 17, 18 and 19 of the Act and the regulations in respect to Amendment GC43 to the Boroondara, Darebin and Yarra Planning Schemes.
3. Section 20(4) of the Act enables the Minister for Planning to exempt an amendment which the Minister prepares from any of the requirements of sections 17, 18 and 19 of the Act or the regulations.
4. In seeking to exercise this power, section 20(4) of the Act requires that the Minister must consider that compliance with any of those requirements is not warranted or that the interests of Victoria or any part of Victoria make such an exemption appropriate.
BACKGROUND
5. In May 2015 the Victorian Government committed $110 million to upgrade the Chandler Highway and in January 2016 announced that it would adopt the preferred design option of a six-lane road and construction of a new bridge to the west of the existing bridge. VicRoads anticipates the upgrade will be completed by the end of 2018.
6. The timely delivery of the project is important because the current Chandler Highway bridge is operating above capacity, with approximately 44,000 vehicles using the bridge each day. In 2014 the Chandler Highway Bridge was rated the number one congestion points in an RACV survey.
7. The project is expected to deliver a number of benefits to the community including improving traffic flow and reducing congestion affecting the local and broader road network, providing a safer river crossing for vehicles, cyclists and pedestrians, and catering to a growing population by providing more reliable journey times in the future.
8. Amendment GC43 (the amendment) to Boroondara, Darebin and Yarra Planning Schemes inserts a new incorporated document titled Chandler Highway Upgrade Incorporated Document March 2016 (the incorporated document) into schedules to Clause 52.03 and Clause 81.01 of the Boroondara, Darebin and Yarra Planning Schemes. The amendment will facilitate the timely delivery of planning approval by allowing use and development of land identified in the incorporated document without the need for planning permits, subject to conditions.
9. To the extent the new provisions allow the land to be used and developed for the upgrade without the need for planning permits, the incorporated document includes conditions requiring:
· Details of the proposed removal, destruction or lopping of native vegetation and native vegetation offsets must be prepared in accordance with the Permitted clearing of native vegetation – Biodiversity assessment guidelines (Department of Environment and Primary Industries, September 2013), to the satisfaction of the Secretary to the Department of Land, Water and Planning.
· The preparation and approval of an Environmental Management Strategy to establish a framework to ensure measures are in place to minimise any environmental and amenity effects during construction of the project.
· The project must be designed and constructed to manage floodplain matters to the satisfaction of the relevant floodplain management authority.
· A landscape plan must be prepared to the satisfaction of the Minister for Planning having regard to the views of Boroondara, Darebin and Yarra councils.
· Where works may impact on areas of local historic significance under the Heritage Overlay, a Heritage Impact Statement must be prepared to the satisfaction of the Minister for Planning.
10. The amendment also includes the following changes to the Yarra Planning Scheme to enable use and development of land required for the upgrade; amend Maps 3 and 4 to rezone land from Neighbourhood Residential Zone – Schedule 2 to Road Zone Category 1, amend the existing Map 4 Public Acquisition Overlay (PAO) and insert Map 3 to apply PAO4 to land required for the upgrade, amend the schedule to Clause 45.01 to identify land required for the upgrade and designate Roads Corporation as the acquiring authority for PAO4, amend the schedule to Clause 61.03 to introduce Map 3 PAO, amend Maps 3 and 4 of the Heritage Overlay to delete part of HO70 consistent with the area required for the PAO.
11. VicRoads has undertaken broad consultation on the project since June 2015. Consultation activities have included:
· distribution of letters advertising community sessions to over 9,000 residents in Alphington, Fairfield, Thornbury, Kew and Northcote
· community information sessions at Northcote on 13 October 2015 and 17 October 2015, attended by a combined 350 people
· direct engagement with key stakeholders including Boroondara, Darebin and Yarra councils
· regular information updates on the VicRoads website.
12. The key issues raised during consultation include:
· alignment location of the bridge and road (east or west)
· the number of traffic lanes (four or six lanes)
· network congestion and traffic flow issues
· knowledge of modelling and results
· traffic signals and access in the area
· options for parking and clearways
· cycling and pedestrian issues
· the need for increased public transport
· effects on the immediate physical environmental
· proximity to existing dwellings
· noise and air quality impacts
· heritage and environment impacts
· localised traffic movements
· project costs.
13. VicRoads has had ongoing engagement with Boroondara, Darebin and Yarra councils to discuss various aspects of the project including alignment options, design and the planning process.
14. The City of Boroondara wrote to VicRoads in support of the preferred option and requested further information about other aspects of the project. VicRoads subsequently wrote to Boroondara responding to the issues raised.
15. The City of Darebin and the City of Yarra do not support the preferred option.
16. Public Transport Victoria, Parks Victoria, RACV, Bicycle Network and Guide Dogs Victoria are generally supportive of the project. The Royal Talbot Rehabilitation Centre support the project, particularly the signalised intersection at Yarra Boulevard and raised concerns about noise and access impacts, which VicRoads has committed to addressing. VicRoads has indicated the West Alphington Residents Incorporated (WARI) support the project but not the preferred option.
17. VicRoads continues to liaise with Heritage Victoria, Melbourne Water, Level Crossing Removal Authority and service authorities.
18. The decision of the Victorian Government to support the west alignment for the new bridge and road upgrade to six-lanes provides clear direction to the community on this particular issue.
19. VicRoads has consulted with the land owners affected by the proposed PAO on multiple occasions:
a. VicRoads has met with Glenvill, the developer of the Amcor Paper Mill Renewal site, four times since July 2015 including a mediation session to discuss options to purchase the land required for the upgrade by negotiation or compulsory acquisition. The inclusion of the PAO in the amendment will provide certainty for the project construction to commence if an agreed outcome is not reached.
b. VicRoads has met with City of Yarra on multiple occasions to discuss various components of the upgrade. The City of Yarra does not support the preferred option.
20. VicRoads has advised that both Glenvill and the City of Yarra have been informed of potential mechanisms to acquire the land required for the Chandler Highway upgrade, including the application of the PAO as part of a 20(4) amendment.
21. Where practical, feedback from consultation has been addressed in the preparation of the amendment. In particular the incorporated document includes a condition for an Environmental Management Strategy to manage any environmental impacts during construction of the project, particularly on the Yarra River. It also includes the requirement for a landscape plan be developed in consultation with Boroondara, Darebin and Yarra councils. To help address traffic management concerns VicRoads will upgrade the intersections at Heidelberg Road, Grange Road and Chandler Highway, introduce a new intersection at the Alphington Paper Mill Renewal site, install new traffic lights at the intersection of Chandler Highway and Yarra Boulevard and adjust traffic light sequences at the Heidelberg Road intersection. VicRoads has committed to ensuring no increase in noise levels beyond the existing levels at the opening of the project.
Benefits of exemption
22. The main benefit of the exemption is that it will enable a prompt decision to be made on the adoption and approval of the amendment, which will facilitate the timely delivery of the upgrade to the Chandler Highway and avoid unnecessary duplication of the planning process across three municipalities.
23. The exemption of the amendment from the usual notice requirements under the Act and compliance with any of those requirements is not warranted on the basis that considerable consultation was undertaken with potentially affected parties. Their views are well understood, and have been taken into account where practicable, during the preparation of the amendment. Further consultation would be unlikely to identify any new issues.
Effects of Exemption on Third Parties
24. The effect of the exemption is that third parties will not receive formal notice of the amendment and will not have the opportunity to make a submission or be heard by a panel in relation to the amendment.
25. Third parties who may be affected by the exemption were provided with the opportunity to comment on the project during the consultation process. Comments received were considered during the preparation of the amendment and where practicable, concerns have been addressed.
26. A public exhibition process for the amendment is not likely to identify new issues which were not considered as part of the abovementioned consultation process.
Assessment as to whether benefits of exemptions outweigh effects on third parties
27. The main benefit of the exemption is that it will enable the upgrade to progress without delay and it is projected to improve traffic flow, congestion and deliver improvements to safety and reliability for vehicles, bicycles and pedestrians crossing the Yarra River.
28. Having regard to the consultation process carried out by VicRoads since 2015 and throughout the preparation of the amendment, further consultation would be unlikely to identify any new issues. The benefits arising from the streamlined planning approvals process and delivery of the upgrade outweigh the effects on third parties of not complying with the usual statutory notice and consultation requirements.
29. Accordingly I consider that the benefits of exempting myself from sections 17, 18 and 19 of the Act outweigh any effects of the exemption on third parties.
DECISION
30. I have decided to exercise my power to exempt myself from all the requirements of sections 17, 18 and 19 of the Act and the regulations in respect of Amendment GC43 to the Boroondara, Darebin and Yarra Planning Schemes.
REASONS FOR INTERVENTION
31. I provide the following reasons for my decision to exercise my power under section 20(4) of the Act.
32. I am satisfied that -
Compliance with any of the requirements of sections 17, 18 and 19 of the Act and the regulations is not warranted because:
· Third parties who may be affected by the amendment were provided with the opportunity to comment on the project during the consultation process. Where practicable, their comments have been addressed in the amendment.
· The Victorian Government has confirmed its decision to adopt the preferred option of the western alignment of the bridge and the upgrade to a six-lane road. This provides clear direction to the community about this issue.
· The views of Boroondara, Darebin and Yarra councils are known. Councillors and council officers have been engaged on multiple occasions throughout 2015 and 2016. Where practicable their comments have been addressed.
· The amendment has a high degree of compatibility with state planning policy and it is unlikely that further consultation would result in a different outcome.
SIGNED BY THE MINISTER
HON RICHARD WYNNE MP
Minister for Planning
Date: 8 June 2016