Draft Planning Scheme Amendment

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Summary of document

The Major Transport Infrastructure Authority (MTIA), an administrative office within the Department of Transport, is responsible for overseeing major transport projects.

MTIA is the proponent for the North East Link Environment Effects Statement (EES) prepared under the Environment Effects Act 1978 (EE Act). It is also the proponent for draft planning scheme amendment GC98.

North East Link Project (NELP) is an organisation within MTIA that is responsible for developing and delivering North East Link on behalf of the Victorian Government.

The Planning and Environment Act 1987 (PE Act) empowers the Minister for Planning to prepare, adopt and approve planning scheme amendments. Subject to the outcome of the EES assessment process, NELP would request that the Minister for Planning prepare, adopt and approve draft planning scheme amendment GC98 to the Banyule, Manningham, Boroondara, Yarra, Whitehorse, Whittlesea and Nillumbik Planning Schemes.

This report is prepared in support of draft planning scheme amendment GC98 to facilitate the use and development of North East Link (as described in Section 2 of this report).

This report provides the rationale for the selection of the proposed planning controls to facilitate the delivery of North East Link and to ensure the structural integrity of the tunnels and associated infrastructure is maintained.

The proposed planning controls will ensure that the environmental impacts anticipated through the construction and operation of North East Link will be acceptably managed. Section 7 of this report considers the planning requirements and approval mechanisms available to facilitate the project.

NELP has prepared draft planning scheme amendment GC98 using the statutory planning controls currently available in the Victoria Planning Provisions (VPP). Section 7 of this report considers alternative approval mechanisms, planning controls and case studies or legislative amendments.

The draft amendment has been informed by the comprehensive technical studies and investigations that have been undertaken for the EES, including environmental, social and economic impact assessment reports. Section 7.2.2 of this report sets out the proposed changes to the Banyule, Manningham, Boroondara, Yarra, Whitehorse, Whittlesea and Nillumbik Planning Schemes under draft planning scheme amendment GC98.

In summary, the amendment seeks to make the following changes:

Design and Development Overlay (DDO)

  • Introduce two new schedules to clause 43.02 ‘DDO’ of the Banyule and Manningham Planning Schemes to protect the structural integrity of the North East Link tunnels and portal infrastructure and require the referral of applications under local provisions. This includes amending or inserting new Planning Scheme Maps.
  • Amend the schedule to clause 66.04 ‘Schedule to clause 66 Referral of permit applications under local provisions’ in the Banyule, Manningham, Boroondara, Yarra, Whitehorse, Whittlesea and Nillumbik Planning Schemes to update the referral authority for permit applications under the new schedule to be the Secretary of Department of Transport until 31 December 2030 and then the Roads Corporation.
  • Amend the schedule to clause 72.03 to insert Planning Scheme Map XDDO and XDDO to the maps comprising part of the planning schemes.

Specific Controls Overlay (SCO)

  • Introduce clause 45.12 Specific Controls Overlay and new schedules to that overlay in the Banyule, Manningham, Boroondara, Yarra, Whitehorse, Whittlesea and Nillumbik planning schemes to give effect to the specific control contained in the incorporated document for the project.
  • Introduce a new schedule to clause 45.12 ‘SCO’ of the Banyule, Manningham, Boroondara, Yarra, Whitehorse, Whittlesea and Nillumbik Planning Schemes to enable specific controls contained in the incorporated document for North East Link to override other requirements of the planning scheme.
  • Amend the schedule to clause 72.03 to insert Planning Scheme Map XSCO, XSCO, XSCO to the maps comprising part of the planning schemes.

Incorporated Document

  • Amend the schedule to clause 72.01 ‘Responsible Authority For This Planning Scheme’ of the Banyule, Manningham, Boroondara, Yarra, Whitehorse, Whittlesea and Nillumbik Planning Schemes to make the Minister for Planning the Responsible Authority for the administration and enforcement of the incorporated document and planning schemes relevant to the use and development of land for North East Link.
  • Amend the schedule to clause 72.04 ‘Documents Incorporated Into This Planning Scheme’ of the Banyule, Manningham, Boroondara, Yarra, Whitehorse, Whittlesea and Nillumbik Planning Schemes to insert a new incorporated document for North East Link.

This report is supported by the following appendices:

  • Appendix A – includes the draft Explanatory Report addressing Ministerial Direction 11 Strategic Assessment of Amendments.
  • Appendix B – includes the planning scheme amendment documents required to submit a planning scheme amendment to the Minister for Planning. This appendix includes the draft incorporated document and schedules to the Specific Controls Overlay (affecting the entire Project Land) and schedules to the Design and Development Overlay (affecting the Banyule and Manningham Planning Schemes) drafted to protect the tunnel infrastructure.
  • Appendix C – provides background technical analysis as part of the draft schedules to the Design and Development Overlay.

More information about the EES can be found in the planning section of the website.