Metro Tunnel Project referrals process

The Secretary to the Department of Transport and Planning is the determining referral authority under the Metro Tunnel Design and Development Overlay (DDO). Metro Tunnel Project (MTP) is the project delivery team for the Metro Tunnel and acts on behalf of the Secretary in relation to referred applications under the DDO.

Advisory Notes

To assist applicants to better understand the practical application of the design considerations for Metro Tunnel, MTP has prepared Advisory Notes which are concerned with common development scenarios arising in relation to the DDO. The relevant scenarios are:

proposed development above or adjacent to tunnel infrastructure during the construction phase
proposed development affecting both cut and cover and cavern railway stations.

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 MTP will object to a specific proposal, or as being a comprehensive outline of all matters which MTP will consider in assessing a proposal. In all cases, MTP 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 MTP 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.

Referral process

The referral process MTP will generally adopt in relation to applications where the DDO applies is outlined below.

Applicants are encouraged to follow this process and consult with MTP in relation to their planning permit applications from an early stage.

In some cases, the process by which MTP 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 MTP of applications in proximity to, but not within, the DDO through ordinary public notice procedures which apply to all planning permit applications. MTP 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 MTP’s assessment. In some circumstances such as these, it may be possible for MTP 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.

Prior to lodging an application

Identify whether the DDO applies (Is my property Affected?)
Check if the proposed buildings or works need planning approval (Do I require a Planning Permit?)

If affected by the DDO and the buildings or works require planning approval, the proposal will need to be assessed by MTP on behalf of the Secretary to the Department of Transport and Planning.

(For complex cases, design may need further assessment and broader consultation with other agencies and stakeholders.)

Applicants are strongly encouraged to arrange a meeting with MTP prior to lodging their application with the Responsible Authority. This is an opportunity to discuss how the proposal interacts with the Metro Tunnel design considerations. (See Future Development Loading Report to Support GC82 (PDF, 5.8 MB)).

On a case by case basis, technical advice will be provided to assist with meeting the DDO objectives.

Applicants may choose to consider early engagement of a structural engineer to assist with this process, particularly where it is unclear if the proposal can meet the design objectives of the DDO. Planning of any geotechnical investigations will be important. A decision will not be made at this meeting.

Taking into account preliminary feedback from MTP and information received about the design considerations in the Metro Tunnel, applicants may need to make design modifications before submitting their application to the responsible authority.

MTP will assist with ongoing advice regarding any design refinements before lodging an application with the Responsible Authority.

Alternatively, an Application for pre-planning advice can be submitted to MTP.

Preliminary feedback and technical information received during the pre-application meeting will assist with the design of the proposal before it is submitted.

Lodging an application

After lodging of an application, the responsible authority will refer an application to MTP for assessment. MTP is a ‘determining referral authority’ under the applicable Planning Scheme for applications within the DDO. Some applications will also be sent to MTP under Section 52 of the Planning and Environment Act 1987.

Response on application

As a determining referral authority, the outcome of MTP’s assessment will determine the responsible authority’s decision on the application. MTP may:

not object to the proposal being approved where anticipated impacts on the Metro Tunnel are acceptable
not object to the proposal being approved, but require conditions to be included on any planning permit issued to ensure that anticipated impacts are acceptable, or
object to the proposal, such that it cannot be approved.

MTP will assess the application against the design considerations for the Metro Tunnel (See Future Development Loading Report to Support GC82 (PDF, 5.8 MB), taking into account the design objectives set out in the schedule to the DDO. MTP may request further information from the applicant to facilitate this assessment.

As a determining referral authority, the outcome of RPV’s assessment will determine the responsible authority’s decision on the application. RPV may:

not object to the proposal being approved where anticipated impacts on the Metro Tunnel are acceptable
not object to the proposal being approved, but require conditions to be included on any planning permit issued to ensure that anticipated impacts are acceptable, or
object to the proposal, such that it cannot be approved.

If MTP consents (with or without conditions) and it is within 3 months of lodging the application, the referral requirements may be met under Section 66 of the Victoria Planning Provisions.

A formal referral to MTP will not be required unless modifications to plans/documents submitted for Pre-Application consent are made.

After decision is made on the application

Comply with specific conditions
Amendments any existing planning permit condition link planning approvals

Applicants are encouraged to submit associated supporting materials to ensure a timely response. See the pre-planning advice page for details.