The Secretary to the Department of Transport is the determining referral authority under the Metro Tunnel Design and Development Overlay (DDO). Rail Projects Victoria (RPV) is the project delivery team for the Metro Tunnel Project and acts on behalf of the Secretary in relation to referred applications under the DDO.
To assist applicants to better understand the practical application of the design considerations for Metro Tunnel, RPV has prepared Advisory Notes which are concerned with common development scenarios arising in relation to the DDO. The relevant scenarios are:
The Advisory Notes have been prepared with a view to providing high level guidance to applicants with respect to the above scenarios. It should not be construed as an indication of whether RPV will object to a specific proposal, or as being a comprehensive outline of all matters which RPV will consider in assessing a proposal. In all cases, RPV will assess specific proposals against the applicable design considerations before advising the Responsible Authority of its objection or otherwise to a proposal which has been referred.
If you are unsure as to which Advisory Note might apply to your circumstances, please contact us. Applicants are strongly encouraged to contact RPV in relation to their proposals so that specific advice may be provided during a pre-application meeting. See the pre-planning advice page for details.
The referral process RPV will generally adopt in relation to applications where the DDO applies is outlined below.
Applicants are encouraged to follow this process and consult with RPV in relation to their planning permit applications from an early stage.
In some cases, the process by which RPV has input into an application for planning permission may differ from the referral process set out below. The primary circumstances where this will occur include are as follows.
A Responsible Authority may notify RPV of applications in proximity to, but not within, the DDO through ordinary public notice procedures which apply to all planning permit applications. RPV assesses all applications it receives from the Responsible Authority and provides technical input as part of the public consultation process, although will not determine the outcome of the application in the same way as it would following referral.
An application relates to a proposal which is unlikely to have significant implications for the development of Metro Tunnel, based on RPV’s assessment. In some circumstances such as these, it may be possible for RPV to provide early confirmation that it will not object to a proposal prior to lodging the application, such that later formal referral is not required if this occurs within three months of the application being lodged. However, the Responsible Authority will ultimately decide whether referral is required in accordance with clause 66 of the Victoria Planning Provisions.