Inquiry and Advisory Committee Report

1 October 2019

Summary of document

Below is a summary of the information in this document. To read the full document, open the PDF file. If you require an accessible version of this document, please request one via our contact us form.

Executive summary and recommendations

Background

The North East Link Program (the Project) is a major city-shaping piece of road infrastructure that will connect the M80 Ring Road in Greensborough via surface roads, trenches and tunnels to the Eastern Freeway in Bulleen.

The Proponent is the North East Link Program (the Proponent), an office within the Major Transport Infrastructure Authority (MTIA), a branch of the Department of Transport and Planning (DTP) in the Victorian Government.

The Project also proposes expansion and upgrade of the Eastern Freeway between Hoddle Street and Springvale Road; with significant works between Bulleen Road and Springvale Road.

The Project includes interchanges at:

the Greensborough Bypass
Grimshaw Street in Watsonia
Lower Plenty Road in Rosanna
Manningham Road in Bulleen
the Eastern Freeway in Bulleen.

Complementary elements are proposed including a dedicated busway along the Eastern Freeway from Doncaster Road to Hoddle Street and significant cycling and pedestrian infrastructure upgrades along the Eastern Freeway and in the northern part of the Project area.

The Project has been developed to provide the ‘missing link’ in the freeway network between Melbourne’s north and south east. The lack of such a link has led to:

inefficient traffic movement between the M80 Ring Road and the Eastern Freeway/EastLink resulting in increased travel time and cost
high levels of traffic - both cars and trucks - on arterials and local roads fundamentally unsuited to such a level, and particularly the Rosanna Road – Heidelberg – Bulleen Road corridor
reduced residential amenity along such roads.

Melbourne’s population, and hence vehicle traffic, is predicted to grow significantly in the coming decades, along a similarly high trajectory to the last 10 years. The problems of the existing traffic network in the local area and region are expected to be exacerbated as a result.

The assessment process

The Minister for Planning determined in early 2018 that an Environment Effects Statement (EES) for the Project under the Environment Effects Act 1978 (EE Act) would be required to consider environmental effects.

An EES was prepared and exhibited in early 2019. At the same time, a draft Planning Scheme Amendment (PSA)1 was developed and exhibited with the EES for Banyule, Boroondara, Whitehorse, Manningham, Yarra, Whittlesea and Nillumbik Planning Schemes.

If approved, the effect of the PSA, amongst other things, will be to include an Incorporated Document via the Specific Controls Overlay (SCO) at Clause 45.12 in those planning schemes.

This provides for the Project use and development and provide a statutory basis for the Project Environmental Management Framework (EMF), including the Environmental Performance Requirements (EPR).

The Amendment will also introduce Design and Development Overlays (DDO) to be applied to protect tunnel and portal infrastructure.

The tunnel’s vent stacks for ensuring adequate ventilation of vehicle exhaust fumes require works approval under the Environment Protection Act 1970 (EP Act). The Works Approval Application (WAA) was exhibited with the EES and draft PSA.

What was assessed

Instead of a detailed project design, the exhibited Project was based on a Reference Design. This is described in the EES Executive Summary:

The reference project is not the final design for North East Link but demonstrates the project's feasibility and ability to achieve acceptable outcomes.

This approach has been taken in some recent major project assessments such as the Melbourne Metro Rail Project and the East West Link assessment, but differs from others such as the West Gate Tunnel Project assessment which considered a detailed, resolved design.

The Reference Design approach received sustained criticism in submissions, largely on the basis that it results in:

uncertainty around the scale or existence of environmental effects; and thus, the degree to which they can, or need to be, avoided or mitigated
uncertainty around the form and detail of the eventual design
uncertainty for those who may be compulsorily acquired or otherwise directly and indirectly impacted by the Project
the limited ability for community input to, and comment on, the actual project as opposed to the theoretical Reference Design put forward in the EES.

Submissions

In response to exhibition, 874 submissions were received from local Councils, government agencies, local community groups, professional organisations, schools, environmental groups, transport groups, individual submitters and many others. While many submissions were in support of the concept of a ‘north east link’, they expressed concern about issues such as:

climate change and the lack of sustainability of fossil fuel-based road transport
the need for greater investment in public transport rather than this Project
scepticism as to whether the Project will have a beneficial effect on congestion
a preference for other routes considered for the North East Link
impacts on ecology; particularly vegetation and habit loss
potential impacts on groundwater and surface water features such as the Bolin Bolin Billabong, the Yarra River and other waterways
health impacts from noise and air quality
amenity impacts from loss of open space and tree canopy
business impacts, particularly in Watsonia and the Bulleen Industrial Precinct (BIP)
impacts on schools and sporting clubs from the Project and particularly construction impacts related to loss of facilities
impacts on individual properties and residences, either directly from acquisition or indirectly from potential health and amenity impacts.

The Inquiry and Advisory Committee

The Minister for Planning appointed a joint EES Inquiry and Advisory Committee (IAC) in April 2019 and provided Terms of Reference to guide its work. The Terms of Reference require the IAC to review the Project documentation, including submissions, and conduct Hearings to provide the opportunity for submitters to speak in support of their submission.

Hearings were held over nine weeks from late July to mid-September 2019 at the Veneto Club in Bulleen. Over 200 submitters requested to speak, approximately 70 sets of expert evidence were called in technical areas related to the Project and 14 conclaves were held.

Four formal site inspections were undertaken as well as over 20 site visits by individual members or subsets of the IAC.

The Terms of Reference require the IAC to provide advice to the Minister for Planning, in summary, on:

whether the Project can achieve acceptable environmental outcomes
reasonable and feasible modifications to the Project that would provide beneficial outcomes
measures to prevent, mitigate of offset adverse environmental effects
conditions that might be applied or changes made to the draft PSA to ensure environmental effects are acceptable
changes to other elements of Project delivery including the Urban Design Strategy and Environmental Management Framework.

In its role as an Advisory Committee, the IAC is required to advise the Minister for Planning on the form and content of the draft PSA and whether any changes should be made to it.

This report is the IAC’s final task in accordance with its appointment and Terms of Reference.

Overall findings

This Project needs to successfully resolve the tension between road functionality, infrastructure and safety with community liveability, landscape character and economic prosperity in this sensitive corridor. It has not yet struck this balance.

Considering the adverse and beneficial environmental effects as a whole, the IAC considers if certain changes to the Project occur then the environmental effects of the Project could be managed to an acceptable level and the Project approvals should be granted. These changes are described in this report. Having said this, there are several issues and elements of the Project where the actual effects and effectiveness of mitigation will not be able to be properly tested until a resolved design is available. This is likely to be long after the completion of this Inquiry process.

As proposed in the Reference Design, the Project interchanges, particularly those at Lower Plenty Road, Manningham Road and the Eastern Freeway/Bulleen Road, would result in a significant level of environmental impact. The IAC accepts that these interchanges are a fundamental aspect of achieving traffic benefits, but the balance between impact and benefit is far from an easy one.

The IAC considers that many of the Project’s potential environmental effects can be managed within the EMF and particularly the EPRs. There have been very significant improvements to the EPRs through this process; the recommended set are far superior to those exhibited in the IAC’s opinion. The IAC has recommended further changes to achieve acceptable outcomes in certain areas.

The overall conclusion that the Project’s environmental effects should be able to be mitigated to an acceptable level is subject to many important changes outlined in the recommendations in this report.

The IAC considers all these changes are potentially feasible under the Terms of Reference; some will have significant cost implications for the Project, Government and thus the community.

The IAC recommends significant changes to reduce environmental impacts to an acceptable level to meet the evaluation objectives of the Minister’s Scoping Requirements, including:

The need to seriously consider the continuance of a bored tunnel north to Grimshaw Street. The IAC is aware that this will pose technical challenges and additional cost. However, the IAC considers the likely commensurate reduction in environmental effects and the opportunities provided to improve the long-term future of the Watsonia Neighbourhood Activity Centre make this an essential Project improvement.
Avoidance of surface impacts on Simpson Barracks by identifying it as a “no go zone” for the Project. The evidence is clear that the Barracks contain one of the most significant populations of native vegetation in inner metropolitan Melbourne, including species such as Matted Flax Lily and Studley Park Gum. The final Project design should avoid surface impacts on this area through re-design.
Consideration of additions to public transport improvements and active transport elements and linkages. The IAC considers that additional improvements are feasible and will add significant benefits to Project delivery.
Review of the need for the extent of widening of the Eastern Freeway. This is a substantial area of impact on open space and local communities and is a clear negative impact of the decision to choose Option A at the Business Case stage. The IAC is unable to determine if the EPRs relating to optimising design will result in a significant reduced impact compared to the Reference Design, which in this area leads to a sustained impact in terms of loss of amenity, vegetation, habitat and loss of open space and valued parkland.
Effective Project implementation will be critical, including environmental management of construction impacts.

It is vital for a city-shaping Project such as this, to shape Melbourne in a way that creates a lasting positive legacy. The IAC considers that given the infrastructure design life of 100 years, it would be a lost opportunity to not maximise long-term benefits not only for transport, but for affected communities and environments along the route.

Having made the general findings above, the IAC’s strong view is that the Reference Design approach to Project assessment has generated serious challenges for such a large and complex project as this in an established urban area. This method, using a Reference Design, was contemplated in the Scoping Requirements; but importantly was not required.

Some of the concerns with the Reference Design are outlined in Section iii above, in relation to uncertainty. Perhaps the most obvious illustration of this relates to visual impact and urban design. Multiple experts for the Proponent and submitters attempted to have an intellectual discussion about how the Project may look, and what its impact may be. In the absence of an actual project, this is patently a difficult exercise.

Tangible effects of using the Reference Design approach were obvious during the Hearing. The uncertainty in the community amongst businesses, schools, groups and landowners, in the absence of a tangible project design and thus the knowledge of the actually proposed, as opposed to possible, impacts is difficult to overstate. This coupled with limited opportunities to participate when the ultimate design is progressed creates an atmosphere which may unnecessarily cause social concern and social impacts which could be alleviated by providing more detail.

The Proponent submitted that the Reference Design approach is well established in Victoria. The IAC does not agree. While it has been used to evaluate some recent infrastructure projects, it is still a comparatively new approach that has been used only for State-led projects with varying degrees of detail and with varying degrees of success. Moreover, the IAC considers it is an approach to Project assessment that should be used with great caution in future and confined to projects with limited footprints and potential for impact.

While some of these impacts can be managed to an acceptable level through normal construction management techniques, there is going to be a sustained negative impact on quality of life in the Project area for 4 to 7 years, particularly in relation to traffic. This will be an area requiring careful planning and management.

The IAC makes recommendations which are directed to managing the impacts of construction activities:

A tunnel boring machine (TBM) launch/retrieval site at Borlase Reserve is not supported given the extent and duration of works and proximity to residential properties. The IAC finds that the Project is likely to generate significant amenity issues in this location.
The Incorporated Document should require approval of the location and general categories of works permitted for each construction compound given the sensitivities of this corridor.

Key issues

The IAC comments on some of the key issues below.

Legislative and policy context

A north east link in some form has been entertained for at least 50 years and there is little opposition to the concept.
The Business Case for the Project, which supports Option A in the EES, does not clearly identify the significant impacts along the Eastern Freeway corridor. It is not clear if the extent and scale of the widening of the Eastern Freeway east of Bulleen Road was countenanced at the time of Options assessment.
The Project has strong high-level policy support in Plan Melbourne 2017-2050.
Many submitters were critical of the Project when reviewed against the objectives of the Transport Integration Act 2010 (TIA); in particular that the Project does not significantly address public transport matters.
Many submissions were concerned at the lack of a Transport Plan, required by the TIA. This is an ongoing issue which has been identified by several major project inquiries since the Act came into force. There was concern among many submitters that major road projects and other transport projects are not being undertaken within the logical, planned framework that the TIA requires.
The Project would realise State and local policy objectives to increase vehicle and freight connectivity. However, it is likely to fall short of meeting a broader and equally important suite of policies seeking the protection and enhancement of natural values, protection and growth of local business, social wellbeing and visual amenity unless significant modifications are made in Project design and delivery.

Traffic capacity, connectivity and traffic management

The traffic modelling undertaken for the Project appears fit for purpose. Within the general limitation of modelling, the IAC is satisfied that the modelling provides a reasonable basis for the Project.
While the Project should reduce truck traffic on Rosanna Road once operational, issues will remain with this route due to traffic growth and the apparent need for its ongoing use as an Over Dimensional (OD) and placarded load route. The need for further traffic management measures and upgrades should be reviewed after Project operation commences to identify if additional measures are justified to improve amenity and safety along this route.
Alternatives put forward through the EES process, such as the O’Brien alternative, have the potential to achieve integrated outcomes and should be considered further through detailed Project development.
While access to La Trobe University and the La Trobe National Employment and Innovation Cluster (NEIC) is said to be part of the Project justification, there is no obvious high capacity transport link between the Project and the NEIC.
While the Project is proposing approximately 25 kilometres of new or upgraded walking and cycle paths, the IAC considers that such a large inter-generational Project could, and should, be the driver for additional improvements to active transport.

Built environment

The Project passes through highly urbanised suburbs which also commonly benefit from well distributed, high amenity open spaces with established landscaping such as in Greensborough, Watsonia, Yallambie and along the Eastern Freeway through Bulleen, North Balwyn and Box Hill North.
As mentioned, the uncertainty surrounding the Reference Design and the eventual design to be approved has made it difficult to determine the specific impacts in all areas.
Some areas, such as the Eastern Freeway surrounds, are likely to experience significant amenity impacts from loss of open space and vegetation and far closer proximity of substantial road and related infrastructure. In many areas substantial noise walls will be needed to ensure noise criteria are met.
In addition, the Reference Design proposal for Greensborough Road is likely to result in sub-standard urban design outcomes for the Watsonia Neighbourhood Activity Centre and its wider context. An extended bored tunnel in the north of the Project to Grimshaw Street, as well as a meaningful reduction in the footprint of the Eastern Freeway expansion, have the potential to significantly reduce impacts on these key areas.

Health, amenity and environmental quality

The proposed tunnel components of themselves have significant benefit in terms of minimising impacts on communities and the environment.
The general Project objective for day/evening operational noise levels is consistent with current policy.
The proposed construction noise management levels are appropriate.
Special consideration will need to be given to noise from Unavoidable Works. Noise to open space should be maintained at appropriate levels to preserve amenity. The IAC has recommended that for open space the predicted levels provided in the EES should not be exceeded.
The IAC recommends a mandatory night time noise limit and is not convinced that meeting the Project day/evening objective noise level will necessarily achieve the same result.
Construction noise can be managed to an acceptable level via the application of appropriate controls in the Construction Noise and Vibration Management Plan (CNVMP).
Noise management of Unavoidable Works will require a clear framework including defined noise management levels and appropriate mitigation measures.
Some areas near the Project such as the Rosanna Road surroundings are projected to experience significantly improved amenity outcomes from reduced car and truck traffic when the Project becomes operational.
Some areas such as extensive residential areas bounding the Eastern Freeway are likely to be able to meet noise and air quality objectives but may suffer significant loss of amenity due to a closer roadway, reduced open space and loss of mature vegetation.
There was considerable discussion in the Hearing about the need for VicRoads (now Department of Transport and Planning) to revise and modernise the Traffic Noise Reduction Policy. The IAC notes that the Minister’s Assessment for the West Gate Tunnel Project and Mordialloc Bypass suggested this should be done. It is disappointing that this has not been undertaken and the Department of Transport and Planning indicated there is no timing for a review. The IAC considers this significantly undermines confidence in the Victorian community about the management of traffic noise.
There was significant concern in submissions about air quality along the route from the Project.
The modelling for roadside and tunnel ventilation exhaust for the Project is conservative and concludes that relevant standards can be met compared to a ‘no project’ scenario; noting that there is general agreement that there is no safe level of exposure to airborne particulates.
There will be improvements in air quality on many arterial roads and a marginal decline in some locations along the Project corridor.
The IAC accepts that tunnel ventilation system pollution control equipment is not required to meet current standards. Through the EPRs the IAC has recommended that space for retrofitting pollution control equipment be installed within the tunnel ventilation system in accordance with advice from the EPA; to provide scope for its potential future installation, notwithstanding projected improvements in vehicle technology.

Landscape, visual, and recreational values

The visual impacts of structures proposed in the Reference Design will be significant for many sensitive receptors. The Project is likely to have a major impact on open space and parkland in the region, particularly during construction.
The Urban Design Strategy (UDS) was criticised for being overly generic and not responding to the different landscape, visual and community contexts along the route.
Further UDS refinement to introduce priorities for infrastructure design will be required before approval and this will be paired with an overarching requirement for Urban Design Framework Plans or similar to be approved as a requirement of the Incorporated Document for key interchanges and interfaces.
The substantive involvement of the Wurundjeri Woi-wurrung people in the development of the UDS is commended and this partnership should continue through Project development and beyond.
The Urban Design Advisory Panel (UDAP) process is supported but needs to be refined to give a more substantive role and wider membership to achieve the best possible urban design outcomes for the Project.
The Project’s impact on schools and sporting clubs will be very significant during construction and some key facilities will be acquired. Plans for relocation and other arrangements are being negotiated but ensuring that the Proponent commit to appropriate relocation plans will be essential to measuring the success of the Project post-construction.
The loss of mature vegetation will have significant medium to long term visual and amenity impacts. Tree and understorey replacement will be undertaken to provide an increase in vegetation long term, but the limitations of the Project boundary are such that only a confined proportion can be replanted near affected areas. In addition, in the interim, the impacts on community health and amenity are likely to be substantial.
The IAC considers that the continued erosion of recreational areas and open space in areas where access to the natural environment is limited for infrastructure or other uses poses a serious long-term threat to the health and long-term sustainability of urban communities.
The replacement of all forms of open space on a like-for-like basis is key to mitigating these impacts of the Project. The IAC suggests that the Project is the necessary catalyst to realise the acquisition of land along the Yarra River corridor set aside for open space.

Surface water and groundwater

The Project has the potential to impact on groundwater and Groundwater Dependent Ecosystems (GDE). The IAC considers that the EPRs should be able to manage these issues provided they are effectively implemented, including monitoring and mitigation if required.
The Project will have significant effects on waterways through direct relocation and barrelling, and indirectly through possible reduced water quality. The IAC considers these impacts should be able to be managed to acceptable levels through the EPRs, except for the increased barrelling of waterways, for which no mitigation is possible.

Ecological impacts

The Project will have a large impact on native vegetation and habitat in the established urban area of metropolitan Melbourne and the IAC is not satisfied that this impact can be effectively mitigated and offset.
While the loss of native vegetation may be less than suggested in the Reference Design, the extent of clearing will not be known until a final design is developed and the native vegetation removal refined.
The IAC considers the significant ecological values in the Commonwealth Department of Defence Simpsons Barracks should be avoided by identifying this land as a Project “no go zone”.

Land use, business and social

There are two significant hotspots of business impact: the BIP and the Watsonia Neighbourhood Activity Centre.
The BIP is to be totally demolished, and while the State significance of the Project may make this loss acceptable, the IAC considers given the unprecedented scale of the loss of a whole industrial area and the particular characteristics of the industrial precinct, it is incumbent on the Proponent and State to mitigate this impact to the maximum extent possible.
Given the uncertainty inherent in the Reference Design approach the IAC is of the view that the Proponent is not unwilling, but has been unable, to offer the level of assistance required to date. This has led to an unacceptable level of stress and uncertainty for the occupants of the industrial precinct.
The same principle applies to the businesses in the Watsonia Neighbourhood Activity Centre, where the uncertainty of impact and timing is causing distress to business owners. The long construction period may place businesses in jeopardy in circumstances where acquisition and direct compensation are not available. More will need to be done to assist such businesses through the significant impact period.
In Watsonia the IAC considers the extended tunnel option would go a long way to reducing impacts on business.
Some residential owners who may be compulsorily acquired are experiencing distress due to the uncertainty inherent in the Reference Design approach.
In some cases, the IAC considers there is a strong case for immediate acquisition of residential properties to mitigate the impact of the Project. In other instances where businesses wish to continue to operate for as long as possible from the local area, acquisition should be deferred if possible.
The IAC also considers there is merit in developing a voluntary acquisition scheme. This would be for adversely affected properties which could be subject to significantly reduced amenity through construction and operation or where occupants may be particularly vulnerable to Project effects.

Risk assessment

While reviewing the EES, the IAC noted the risk assessment approach taken by the Proponent by using a ‘planned’ risk category. This was also drawn to the attention of the IAC by many submitters.
Using a ‘planned’ risk category for certain events is not consistent with best practice or Australian Standards and has caused confusion amongst submitters.
It appears to the IAC that the net effect may mean the impact of some activities that may otherwise attract a ‘Very High’ risk rating, are not considered for as much avoidance and mitigation as might otherwise be required.
This is an unconventional approach which should not be encouraged in future project assessments.

Other issues

There are other issues where the IAC is satisfied the environmental effects can be addressed through the application of environmental management controls including cultural heritage, surface water and groundwater, ground movement, solid waste and contamination.

Consolidated recommendations

The IAC concludes that subject to the recommendations in this report, many of which recommend additional work and investigation, the environmental effects of the North East Link Program should be able to be managed to an acceptable level. The IAC recommends:

Adopt Amendment GC98 to the Banyule, Boroondara, Nillumbik, Manningham, Whitehorse, Whittlesea and Yarra Planning Schemes subject to:
1. Applying recommended changes to the Incorporated Document in Appendix F to this report.
2. Proposed changes to the Environmental Management Framework to incorporate a statutory auditor within the Independent Environmental Auditor role and requirements under the new Environment Protection (Amendment) Act 2018 regime.
3. Applying the Environmental Performance Requirements in Appendix G to this report.
4. Amending all schedules to the Design and Development Overlay to:
  - consolidate design objectives in clause 1.0; and
  - in clause 5.0 after the words “adjoining roads and infrastructure (including underground services and utilities)”, add the words “to the extent this information is available within the public domain”.
Include land to be acquired for, or converted to, public open space in connection with the Project in the Specific Controls Overlay. This measure will facilitate the efficient provision of replacement or enhanced community assets including sporting and recreation facilities.
The Environment Protection Authority consider the recommendations and Environmental Performance Requirements in this report when determining the Works Approval Application.

Project design elements, the Reference Design and transport
Pursue an extended, bored, tunnel option northwards to the vicinity of Grimshaw Street, including a review of the need for the Lower Plenty Road interchange, to:
1. Significantly reduce ecological impacts on critically endangered and threatened species, ecological communities, significant tree canopy, habitat fragmentation and the northern reach of the Banyule Creek.
2. Significantly reduce social, noise, air quality, business, landscape and visual impacts on the community along Greensborough Road and the Watsonia Neighbourhood Activity Centre.
Exclude Borlase Reserve as a Tunnel Boring Machine launch/retrieval site given the level of expected amenity impact from noise, dust and spoil haulage for many years proximate to, and nearly surrounded by, a significant residential community.
Consider Reference Design alternatives provided in the Hearing during Project design and development including:
1. The Project alternative designs for Watsonia, Lower Plenty Road Interchange, Manningham Road Interchange and Bulleen Road be considered preferentially to the exhibited Reference Design for those components.
2. Providing other alternatives from Ms Hilary Marshall, Mr Fred Buono and Mr Andrew O’Brien to the tenderers for consideration.
Ensure the final Manningham Road Interchange design enables:
1. Maximisation of land for post construction industrial/commercial land use.
2. Consideration of the design prepared by Ms Marshall (as per 6(b) above).
3. Long term retention and viability of the River Red Gum tree on the corner of Bridge Street and Manningham Road.
Assess Active Transport complementary projects suggested by submitters to the Environment Effects Statement against Project criteria during Project development.
Consider the operation of Rosanna Road including:
1. Adopting alternative routes for spoil haulage during Project construction.
2. Reviewing truck volumes following commissioning of the Project to ascertain if further truck curfews or safety improvements should be put in place.
The Department of Transport and Planning review the North East Truck Curfew truck routes after Project commissioning to determine whether to extend the curfew to 24 hours on those arterial roads in the vicinity of the Project.

Business impacts
The Department of Transport and Planning with appropriate expert advice, prepare and implement as a matter of urgency:
1. A package of individual business plans prepared with each business in the Bulleen Industrial Precinct that understands at a fine-grained level their current operation, desire to relocate or cease operations, business needs for new sites, preliminary site identification, and practical and reasonable assistance beyond Land Acquisition and Compensation Act 1986 entitlements to implement these plans.
2. A package of individual employee assistance plans prepared with and for each employee who requests it, in consultation with the employer, that understands at a fine-grained level their future employment plans, need for training and development, factors that would influence their desire to remain employed with a Bulleen Industrial Precinct business, and practical and reasonable assistance to implement their assistance plan.
The Department of Transport and Planning, in consultation with the City of Manningham, facilitate providing replacement industrial land in Websters Road, Templestowe, including rezoning the Council green waste site to an appropriate use.

Social impacts
Implement a voluntary acquisition scheme for residential properties impacted by the Project alignment. The criteria for participation in the voluntary acquisition scheme should be developed and should include distance from major works, likely extent and duration of proximate works, predicted adverse effects on amenity and the presence of vulnerable occupants.
Provide ‘like-for-like’ open space, parkland, reserves, sport and recreational facilities displaced by the Project during construction and operation of the Project; including, but not limited to, giving effect to long term public open space aspirations for key landholdings in the Public Acquisition Overlay along the Yarra River corridor.

Biodiversity
Designate the Simpson Barracks as a “no-go zone” due to the potential significant environmental effects and re-design that aspect of the Project as per Recommendation 3.
Submit a revised Native Vegetation Removal Report to the Department of Environment, Land, Water and Planning once the final Project design has been determined. The revised report should include native vegetation (trees and aquatic vegetation) to be potentially impacted by groundwater drawdown and the effects of relocating active open space and community facilities to new locations that have not yet been addressed.
Acquire all native vegetation offsets prior to construction of any element of the Project requiring the removal of native vegetation, in accordance with the Department of Environment, Land, Water and Planning Guidelines for the removal, destruction or lopping of native vegetation.

Visual impact, urban design and landscape
Narrow the Project boundary and consequential road alignment where possible in accordance with Environmental Performance Requirement LP1 and principles of the Urban Design Strategy. This should be done in particular at critical locations along the Eastern Freeway to provide capacity for acceptable visual, landscape and urban design outcomes, especially in the vicinity of the Koonung Creek linear reserve.
Include a set of guiding principles in the Urban Design Strategy to clarify relative priorities for the Project, generally as outlined in Chapter 7.3.3 of this report.
Amend the Incorporated Document to require the preparation and approval of Urban Design Framework Plans for the following key locations:
1. M80/Greensborough Highway interchange.
2. Watsonia Neighbourhood Activity Centre.
3. Borlase Reserve and Lower Plenty Road Interchange.
4. Manningham/Bulleen Road Interchange.
5. Bulleen Road/Eastern Freeway Interchange.
The Urban Design Framework Plans recommended in Recommendation 20 should involve input from expert consultants including the Urban Design Advisory Panel, together with consultation with Councils as per the process in the recommended version of the Incorporated Document. Subsequent Urban Design and Landscape Plans must explain how they have responded to the relevant Urban Design Framework Plan.
In addition to matters required by the Incorporated Document, the Urban Design Strategy and subsequent amendments should be approved by the Minister for Planning including the following:
1. An outline of and response to relevant principles of the Yarra River Protection (Willip-gin Birrarung Murron) Act 2017, the Cultural Values assessment report prepared by the Wurundjeri Woi-wurrung Aboriginal Council and the Yarra Strategic Plan (when released).
2. Consideration of the setting and requirements of schools along the Project alignment and surrounds and provide detailed direction to achieve acceptable urban design interfaces with them.
3. Reconsideration of which elements of the Place-specific Requirements should be changed from complementary (and optional) to mandatory. At a minimum, this should:
  - include elements that are integral to ensuring the Project achieves relevant strategic objectives, including the Manningham Interchange, biodiversity and habitat links along the Yarra River corridor and opportunities in Water Sensitive Urban Design elements around the Yarra Park lands.
  - facilitate enhancement of local areas in line with Project objectives.
Incorporate a broad range of works as an adjunct to the Project that would result in enhanced amenity and functionality for locally affected areas, with priority given to works identified by relevant local councils and submitters.

Groundwater
Undertake a revised groundwater assessment prior to construction commencing to reduce uncertainty regarding the environmental effects of groundwater drawdown on Bolin Bolin Billabong and large trees within and adjacent to the Project area.

Cultural heritage
If works are permitted within the Simpson Barracks, further consultation should be undertaken with the Commonwealth Department of Defence to identify opportunities to relocate and reinstate memorials.
The Proponent should continue to assist Aboriginal parties through all stages of the Project to enable their effective participation.

Further recommendations
In addition to the Project specific recommendations above, the IAC makes a number of recommendations on broader issues raised by the Project environment assessment:
The use of a Reference Design for a project of this scale and extent as part of an Environment Effects Statement process in future should only be considered where there is a substantially resolved, well documented Project so that there can be certainty about the nature and extent of environmental effects.
The description of a risk or event as ‘planned’ is not an approach supported by the Australian Standard and should not be used in the risk assessment for future projects assessed by way of an Environment Effects Statement.
The Department of Transport and Planning should develop a Victorian Transport Plan as required under Section 63(1) of the Transport Integration Act 2010 to provide an effective framework for consideration of future major transport projects.

The report

The report is structured around:

an outline of the Project
consideration of the environmental effects by issue (Chapters 3 to 14)
Project implementation through the Environmental Management Framework (EMF) including the Environment Performance Requirements (EPRs) (Chapter 15)
the draft planning scheme amendment (Chapter 16)
integrated assessment of effects at Chapter 17.

Identification of key legislation and policies is included in Appendix A.

The IAC has evaluated Planning Scheme Amendment GC98, including the proposed Design and DDO and associated schedules, the SCO (Schedule 1) and the draft Incorporated Document, April 2019.
In addition, the IAC has considered the draft WAA and makes associated recommendations to the EPA.

Acknowledgement

The IAC acknowledges the extensive support provided to it at all stages of the process by staff of Planning Panels Victoria, particularly Amy Selvaraj, Senior Project Officer, Georgia Thomas, Administrative Support Officer and in the early stages Ms Greta Grivas, Senior Project Officer.

Download report

NELP Inquiry and Advisory Committee Report (PDF 9.2 MB)