victorian / planningrevue / environmental / law / association / volume 106 March 2019 Contents

President 3 The Business Editorial Licence 4 Legal World 14 The Minister for Planning 6 VicRoads: the opportunity, desire and support for change 18 People Christine Wyatt: Reflections – My recent planning journey 7

Planning in VicTrack, a new year and a new approach 16

Vale Ian Marsden 32 Peter Seamer book launch 11 Rory’s Ramble: Vale Phil Hanna 9

The Fast Lane 36 Tribunal Talk 12 Heritage Fabricated 28 Sound Bites 34 Environmental News and Views 30 Places YPG Round up 37 YPG Committee 2019 38 Infrastructure Australia; the Melbourne picture 23 Moot Court Reflections 33

Seminars Conversation with the Minister 25

Suburban Rail Loop or Loopy? 26

Cover: “VPELA has a responsibility to highlight broader issues of wellbeing within our community” Tamara Brezzi, President.

Newsletter editor: VPELA Bernard McNamara PO Box 1291 Camberwell 3124 M: 0418 326 447 www.vpela.org.au E: [email protected] E: [email protected] T: 9699 7025 T: 9813 2801

2 / VPELA Revue March 2019 The President Never no-one

Tamara Brezzi President, VPELA

I have to admit that this edition of the President’s column has to clients who might face ruin if we don’t win for them and the been unusually difficult to write. The follow up emails ofmy process of dissecting legal and political decisions which have persistent and patient editor, Bernard McNamara, have taken significant consequences for many. These responsibilities can on an urgency marked with a never seen before number of be hugely stressful and overwhelming and when combined with exclamation marks when enquiring about the ETA of my copy. our personal lives, the pressure to know which way to turn can I have written and deleted much text about seemingly engaging become all too great. topics in an effort to bring a fresh view to the year ahead. But ever present has been the shock of the news over the summer of the For the Type A personalities amongst us, our natural inclination passing of my friend and our industry colleague, Phil Hanna. And is to search for solutions to problems and to fix stuff. Imagine so on this occasion, I won’t be writing about planning, or the law, the vacuum left when we don’t even know there’s a problem or the year ahead; I’m writing about mental health. for those with whom we are close. We need to talk. We need to advocate to those closest to us that it’s not just ok to seek help Like all workplaces, over the years mine has faced occasional – it’s mandatory. Few of us would not hesitate to book in to see tragedy – death of colleagues following long illness, sudden a specialist upon noticing a skin change, or an unusual lump, or passing of the family of colleagues, clients who’ve taken their an irritating shortness of breath. These symptoms are no more own lives and, more recently, the two Bourke Street disasters. potentially an illness than persistent thoughts of hopelessness The occurrence of a tragedy can be the source of some time for or feeling overwhelmed, unduly stressed or misery over personal soul searching about what we do for a living and the relentless circumstances. These are the mental health equivalent of lumps stress that many in our industry face. And therefore as the and shortness of breath. And it’s a problem that we have far president of this organisation I feel a sense of responsibility to less hesitation talking about compared with the fact that we’ve not just address the professional growth and development of our been suffering from cancer or heart disease or diagnosed with members but to highlight broader issues of wellbeing within our diabetes. community, and in particular, within our VPELA family. While I’m acutely aware of my lack of skills and experience to I have no qualifications whatsoever to bring to this task other “fix” this, I do propose to keep talking and learning about it. than the sense that this tragedy that has besieged the summer As a professional industry association whose members are, in for those who knew Phil has left behind the devastating burden the main, involved in stressful jobs making decisions each day of so many questions that will never be answered. Many of with very significant consequences, there’s an important role you will have heard the stats – around 45% of the Australian for VPELA to play in sharing knowledge, reaching out, offering population will suffer from a mental illness in their lives; 1 in support, listening and talking. 4 will suffer from anxiety and 1 in 6 from depression at some point in their lives. For Australian lawyers, it’s estimated that The day before Phil’s funeral in Bendigo, Matt Sweeney, CFO of that figure is as high as 1 in 3. There are 1300 VPELA members; Villawood Properties, wrote a beautiful piece about Phil, about countless more in the broader planning, legal, environment and looking out for each other and, in particular, about looking property development sector. 1 in 6 is 217 VPELA members; 1 after the men in our lives. He concluded “there aren’t enough in 4 is 325 and 45% is 585. Fewer will experience heart disease Phil Hanna’s in the world, and we could do without losing more. (5%) or diabetes (4.4%). Only 35% of Australians with anxiety or When someone approaches you and asks if you’re Ok, that’s a door depression will seek treatment for their illness. opening for you, there’s no harm in exploring where it might lead, and if you’re concerned about someone else, be a compassionate Although I have always felt that it’s an absolute privilege to work human being and talk to them.” I couldn’t agree more. in this city shaping industry, it does carry with it an enormous So, please, VPELA family: talk, explore, listen, be self-aware, responsibility and a constant pressure to get it right, to balance reach out, be honest, seek help, be kind; and take energy, hope interests and to know that some people will truly despise the and a way forward in the knowledge that our lives are full of decisions that we make and the opinions that we form. I am connected networks, VPELA included, and that there’s never, sure we have all spent time wondering if the lasting impact of a ever, no-one to turn to. new development, a strategic project or a new direction in urban development will have unintended consequences and whether https://www.ruok.org.au/how-to-ask we gave the right advice, formed a sound opinion and came to https://www.beyondblue.org.au/who-does-it-affect a balanced view that fairly took into account those who will live https://oneinfive.com.au/our-story/how-we-began/ with the legacy of the planning decision making process. https://www.linkedin.com/pulse/memory-phil-hanna-matthew- I have also reflected on the many roles we play in this process of sweeney/ shaping and building cities, including counselling citizens to help Tamara Brezzi is President of VPELA them overcome their fear of change, making recommendations and a Partner at Norton Rose Fulbright

VPELA Revue March 2019 / 3 Editorial licence

Bernard McNamara, Editor VPELA Revue Director BMDA Advisory Welcome to 2019. As a baby boomer, that numbered year Plan Melbourne and carry with them transformational land use seemed a long way into the future… futuristic possibly. But in the and development intensity changes that need to be understood blink of a Prime Minister, here it is! and planned for. My limited knowledge of metropolises which operate successful orbital rail networks indicates that their Into 2019, our state has experienced a State Government election urban forms differ substantially from car-based Melbourne. (The which saw the Government returned. From a purely ‘city- Suburban Rail Loop Strategic Assessment cites London, New York building’ perspective, this is the preferred result. As reported in and Singapore as references.) the October issue, the alternative planning policy platform was thin. There was a proposal by the Coalition to extend rail services If the suburban rail loop is to be successful, what does it mean to Baxter, a capital injection into V-Line services, a bizarre for the station environs around Cheltenham, or Fawkner for proposal to grade-separate many suburban example? Hopefully the feasibility will arterial road intersections plus a roll-back of point to what will be necessary outside changes to the residential zones. The industry is one that of the engineering challenges; to make this a success. There remains a risk that So even with sins in some quarters, the celebrates its people, the project could carry few passengers; infrastructure approach of the incumbent regardless of gender. VPELA caused by a mismatch in density and travel government was heavily supported. There for one, would be a much demand. If I sound a bit cool on the proposal, is a positive in the situation where the State, lesser organisation without I can recall seeing (years ago) slick-looking as an entity will not lose a year (as has its broad professional and diagrams showing a freeway network that occurred) after a change of government. gender base. was going to transform Melbourne into And, we even have the same Minister for a high-speed city. Well, only parts of that Planning (but with added portfolios). network were built. Could we see a repeat?

But with the infrastructure overload, caused by years of under- Canberra v VPELA and others investment, we now have projects on every street corner. And, you may ask. in 2050, will these deliver a city of 8 million persons Via the media, we have been heavily exposed to the matters of which its citizens will love, be able to move around easily, and low female Parliamentary representation and poor behaviour provide jobs and all the other services? towards female Parliamentarians in Canberra. It made me reflect on the stark difference that exists within the development As one heavily involved with Plan Melbourne in the formulative approvals/assessment professions through the virtual domin- years from 2012-2016, the frenzy of infrastructure announcement ance by female leaders in Victoria. has left Plan Melbourne 2017-2051 well behind. If I take late 2018 as a snap shot; we have female leaders in the To be plain, the Transport sections within PM 2017-2050 is almost complete list of ‘organisations’: the President of VPELA its weakest part; caused in my view, by the politics at Federal (bows head), Chair of Planning Panels Victoria, VCAT President, and State levels, plus a reluctance by Government agencies (and VCAT Deputy President), Chief Planner in DELWP, Chair to commit to specific projects. In workshops with transport of VPA, Lord Mayor of Melbourne, CEO Urban Development officials, we heard the term‘mode-agnostic’ … really! Institute, CEO Property Council, President of PIA, Chair of the Geelong Authority and plenty of municipal CEOs to round off. I If one looks at Section 3 of Plan Melbourne’s transport initiatives, have probably missed a few, but the point should be clear. there are plenty of words to ‘improve’ services that exist, but nothing ‘transformational’ as has since been announced. Plan The industry is one that celebrates its people, regardless of Melbourne identifies the Melbourne Metro 1 underground gender. VPELA for one, would be a much lesser organisation rail loop, the Level Crossing Removal Program, some specific without its broad professional and gender base. And, it has road improvements, improvements to local travel and freight come about without the need for quotas; simply through being movement initiatives. But, no mention of Melbourne Metro 2 professionally relevant, thought-leading, inclusive and, through (shown on the Fisherman’s Bend plans); no mention of the being an enjoyable collective! North-East Link (committed); nothing on the Airport Rail Link (committed); and not surprisingly, no mention of the Suburban This stark difference tends to support the “Canberra bubble” Rail Loop ($300m assessment funding committed). term, as a place unlike others; an aberration, and with different meanings to the Prime Minister’s use of that term. The scale and investment reach of these new transport infrastruc- ture commitments will dwarf the transport items contained in

4 / VPELA Revue March 2019 Thanks Jim, and any takers? This edition is not quite the over-stuffed post-Conference edition but should entertain all the same. We have some interesting Jim Gard’ner of JGM Heritage through his column ‘Heritage contributions from the authorities that have become the Fabricated’ in the Revue has informed and analysed the interplay main game; being road and public transport authorities. Kate between planning and heritage. After 3 years, Jim has decided Stapelton, now at VicRoads and Kate Kraft, now at VicTrack, not to continue this column after this one, and I thank him for his update members on the changing business models within contribution. This gives me the opportunity to extend an invitation these organisations and identify the new processes for when we for those in the allied professional areas to consider undertaking engage. Christine Wyatt, the former Deputy Secretary Planning the responsibility of a regular column. I have often stated that the reflects on her 5-year term; coming as she did from the world strengths of VPELA lies in its ability to attract people from across of consulting/project management. And Peter Seamer, as his is the professions which are involved in development assessment style, bounces in with a preview of his new book. Expect some of property related projects. So, if you see a gap in the column/ strong statements. views that the Revue provides, let me know. And, elsewhere in this edition there are contributions recognising And on that topic, we welcome a new column, ‘Environmental the life of Phil Hanna who died recently. May I add my thoughts News and Views’, coming from team members at Ecology also. We are not always as ‘up’ as we might think. Vale Phil. Heritage and Partners; starting with an exploration into dry stone walls, a feature in our rural landscape. And as always, comments, etc to [email protected]

MEET THE TEAM

The Principals of Harwood Andrews

would like to Greg Tobin Kim Piskuric John Hannagan congratulate Principal Principal Lawyer Senior Associate Kate Morris on her promotion to Principal Lawyer in the planning and environment team. Natalie Luketic Tessa D’Abbs Laura van Dyk Senior Associate Senior Associate Senior Associate

Aaron Shrimpton Thomas Patereskos Allison Tansley Kate Morris Associate Associate Associate Principal Lawyer T: 03 9620 9399 MELBOURNE | GEELONG | BALLARAT harwoodandrews.com.au

VPELA Revue March 2019 / 5 Minister Getting on with liveability and sustainability The Hon. Richard Wynne MP Victorian Minister for Planning

I would like to start by saying that it is an honour to be the This was bought to our attention following the Lacrosse Tower Planning Minister in the Andrews Labor Government for another fire in Docklands and then the tragedy of the Grenfell Tower fire term. in London three years later.

I’m proud of what the Labor Government has achieved in the In June 2017 we established the Victorian Cladding Taskforce to past four years and everything we have planned for the next four. address this issue in the interests of public safety.

Victoria is one of the most liveable places in the world, and The Taskforce found a culture of non-compliance within the for good reasons. Our attractiveness as a destination for building industry, a lack of appropriate regulation and a poorly employment, education and lifestyle is reflected by the numbers managed materials supply chain, all contributed to the problem of people choosing to make Victoria home. which began in the early 90s.

With this increase, we must look at building liveable and We have adopted all the Taskforce recommendations and in sustainable communities while protecting our natural environ- doing so, taken a leading position in Australia and globally on ment by effectively managing the state’s population growth and conquering it. land use. This is a critical and multifaceted issue and we are meeting The Labor Government has delivered a range of planning policy owners and hearing their stories to see how we can guide and reforms to ensure Melbourne remains one of the most liveable support them through this daunting process. cities in the world, including: The problem of cladding has exposed genuine deficiencies in • Introducing new design standards for apartment buildings the current building legislation, and this is something we will be • Fostering enterprise precincts addressing. • Modernising the planning system through Smart Planning • Creating Activity Centres and 20-minute neighbourhoods We will also be delivering on other election commitments • Ensuring more affordable housing including;

To preserve and enhance liveability the Government is ensuring • Reviewing planning laws that relate to overshadowing in the that there is ample housing, infrastructure and transport for context of domestic solar power generation current and future needs, while the city grows in a sustainable • Protecting Melbourne’s green wedges from overdevelopment way and creating jobs. through planning rules • Providing Heritage Grants for state-listed heritage places The Department of Environment, Land, Water and Planning • Considering broadening accessibility standards to all apart- will continue delivering these important reforms to support ments to improve neighbourhood liveability across the suburbs environments where community members feel safe, connected as part of Better Apartments reform and close to necessities like infrastructure, housing and jobs. • Taking decisive action to rectify buildings with this dangerous We’re getting on with delivering Plan Melbourne - our long-term cladding vision to ensure affordable housing for Victorians to live close to • To help building owners – we’re providing a long-term financing their job, plan for a changing climate, deliver more infrastructure option to help owners remove dangerous combustible cladding and public transport investment, and maintain Melbourne’s from their properties liveability. • Strengthening the Victorian Building Authority to deliver a rectification program to reduce risks – including working with Planning will continue to drive positive environmental outcomes, building owners to set out rectification works to prioritise including managing land use conflicts for renewable energies, safety, in a way that is transparent, consistent and efficient protecting strategically important agricultural land, our distinc- tive areas and landscapes, and protecting our state’s significant We are committed to building liveable and sustainable communi- waterways. ties, ensuring that the natural environment is protected from inappropriate development, urban encroachment and the impact Planning is also crucial to facilitating the delivery of our of population growth and climate change. Government’s pipeline of major transport projects, including the North East Link, Western Highway duplication, Airport Rail Link I look forward to working with the Victorian Planning and Environ- and Suburban Rail Loop. mental Law Association in delivering our commitments.

Since 2014 our major focus has been the use and presence of combustible cladding materials across the State.

6 / VPELA Revue March 2019 People Christine Wyatt – Reflections My recent planning journey Christine Wyatt

Christine Wyatt, formerly Deputy Secretary Planning, through active involvement in gender equity, leadership and Department of Environment, Land, Water and Planning. mentoring initiatives within DELWP and across the broader public service. I have also been a Regional Partnership representative Five years in the role of Deputy Secretary for Planning in the for Central Highlands on behalf of state government. Victorian Government has gone in an instant, how did that happen? I must have been having fun according to Albert So how different is the public service to the consulting world? Einstein. Time will fly even faster over the next 12 months as I go There are many organisational parallels to large firms where I on sabbatical to enjoy life beyond planning, which will no doubt worked in the private sector. The key difference is pursuit of the be an adventure. public good or value versus individual or company objectives. This public value proposition is an overarching frame that shapes I am immensely proud of what has been achieved over the last our activities. There is also an overwhelming desire of public 5 years across the planning, building and heritage portfolio, servants to “make a difference” or “create public value”. It is the and I am honoured to see the impact our work has supporting reason many people choose to work in the public service, and is Victorian communities. expressed loudly and proudly in planning, building and heritage.

After 30 years mainly in the private sector, I started in the I entered the public service with expectations of encountering Department of Transport, Planning and Local Infrastructure in more process than outcomes. This is a myth! There is a high focus March 2014. I then moved with the portfolio to the Department on outcomes with process providing a path to get there. This was of Environment, Land, Water and Planning (DELWP) in January 2015. Since December 2018 I have been with the Department of Jobs, Precincts and Regions helping create the new precincts portfolio.

Before reflecting upon the planning “task” and the challenges that lay ahead, I will answer two of the most common questions posed to me over the last five years:

• Why did you make such a big change? • Was it a big adjustment coming from private to the public sector?

My decision to take the plunge was driven by an insatiable curiosity, and a belief that this could be an opportunity to practice generosity of spirit through leadership in planning.

I wanted to know what it would be like to be close to decision- making in planning and broader government, and how I could play a role in providing advice to influence outcomes for Victorians.

This allowed me an insight into the operation of the West- minster system in Victoria and how this role is to implement the policy of the government of the day. It offered a whole new learning experience. As someone who thrives off a challenge, I could not resist the chance to do something so far outside of my comfort zone.

I felt that I could draw on all that I have learned and experienced throughout my career to make a real difference and pass on my knowledge. I wanted to see others flourish by taking on the leadership role for the Planning Group. The time was right to personally invest in building the capability and capacity of state government planning in Victoria.

The public sector has given me a way to practice generosity of spirit beyond the task of planning. I have been able to do this

VPELA Revue March 2019 / 7 music to my ears as I started on the pursuit of outcome delivery • Developing guidelines to reset the standards for apartment across a whole range of policy and infrastructure projects. living • Yarra River Protection (Wiilp-gin Birrarung murron) Act One thing I underestimated was the breadth of role I had taken 2017 giving Traditional Owners a permanent voice in river on. The Deputy Secretary leads a group of around 300 people management in planning, building and heritage across the state. The Group • Facilitating planning approval and environmental impact shapes the long-term vision for the spatial pattern of growth, assessment processes for some big transport infrastructure land use and built form in Victoria and leads administration of investment such as Melbourne Metro, Westgate Tunnel and statutory functions. It involves working closely with the Victorian the level crossing removal program Planning Authority, Heritage Council, the Victorian Building • Review of the Heritage Act to protect our heritage and Authority and local government to partner for delivery. safeguarding the places we love into the future The Deputy Secretary is a part of the senior executive leader- • Establishing the Cladding Taskforce and addressing a raft ship team of DELWP contributing to whole of department of building system challenges. management. The role also requires facilitation of a wide range I also am proud to have championed the Smart Planning of activities across broader government embracing initiatives program – getting our planning system digital, moving from the such as emerging energy technologies, public housing renewal paper-based platform towards a modern e-world. The program and transport investments to name a few. is well underway, and rewards are already being realised by local When shifting from private to public sector I had to learn a whole government, industry users and individuals interacting with the new language, understand government processes in detail, new and improved planning system. and navigate the world of advising Ministers. I also had to learn None of the above outcomes could have been accomplished the machinery of inter-departmental committees and find ways alone – they require partnerships, common objectives for delivery to optimise them to maximise outcomes and gain trust from and respectful working arrangements. Industry groups and peak colleagues. bodies play a key role in having a voice and bringing ideas, and I have drawn heavily on the experience and skills base I developed local government is a critical partner. The community is also during my consulting years, as it provided an outcome focus for a central to everything that we do. I call this the connect and respect wide range of clients, with many different project requirements. model for success. It also equipped me with a drive for delivery – something that Continuous improvement and reflection are also important as was needed for organisational reform and to achieve program we grapple with growth challenges. The approaches to urban commitments. renewal and housing affordability in Canada and USA, along with The most transferrable skills have been networking and team China’s sponge city water sensitive urban design and green spine building. The people connections that I have developed over initiatives are just a couple of examples where global knowledge many years across the planning industry provided a great exchange has assisted to broaden our policy thinking. Its an platform for building relationships from a new perspective. I exciting time to be in the urban planning industry and several encourage professionals to be agile and take up opportunities international authors characterise it as the metropolis era. across different parts of the industry. So where to from here for planning? There are a couple of key Organisations naturally change over time and the Planning conversation pieces that we must continue to explore: Group is on a steady transformation path. The game plan for • Managing the pace of growth in the right places and setting change has several key aspects: priorities for planning interventions • Working together on the culture of the group as an integrated • Chasing the affordability goal and making sure we are still a part of DELWP great place to live, work and visit • Setting a clear vision, work plan and role for the Group • Adapting the planning system to challenges of climate change including clarity of role for the establishment of the VPA • Trying new ways of engagement that are responsive to our • Supporting the development of our people and capability for diverse communities the tasks to be delivered • Keeping up with fast moving digital disruption and innovation. • Keeping an eye on the delivery commitments of the Government and needs of the Minister(s) I leave these challenges in your capable hands (at least for the • Fostering key relationships already established by the Planning next 12 months). See how you can make a difference as you Group across stakeholders – groups and individuals. toil in the planning, building and heritage task for Victorian communities. There have been many indicators of delivery success over the last 5 years, the standouts being: My thank you list is long as I have had many supporters over my journey with the Planning Group and within the public service. • Developing the approach for the DELWP 2020 vision statement I offer one big THANK YOU and hope to repay by continuing to • Delivering Plan Melbourne in 2014 and a refresh in 2017, practice a generosity of spirit. providing a long term planning strategy for growth It is au revoir, not goodbye. • Planning controls for the Central City and Fishermans Bend taking on the challenges of managing urban revitalisation Christine Wyatt and renewal at large scales

8 / VPELA Revue March 2019 People Vale Phil Hanna

Rory Costelloe, Executive Director, Villawood Properties

who managed to balance the role of responsibly controlling planning permit applications, whilst still being personal friends with many. I count myself in this group, and over the course of more than thirty years as our friendship grew, so did my respect and admiration of the great man. Respect and admiration are the two most common sentiments people have conveyed about Phil. Friends, peers, collaborators and competitors alike held him in the highest regard.

In the early 90’s, Phil supplemented his work at council with a gig as a bouncer at Bendigo’s only real nightclub, Abbey Road. I always hoped Phil would be near the door - as some of you may have experienced, it can be hard for guys to get into these types of venues! Vale Phil Hanna Chief Executive Office Villawood Properties During this time, Australia was in recession and I had started 14 June, 1966 – 29 December, 2018 a small weekend construction business laying pipes on our subdivisions. Phil loved renovations and construction, so he was keen to join our weekend crews and learn to lay drainage Over the Christmas break, I received a phone call that shook and sewer pipes. Phil was our strongest worker, we would me to the core. The impact of the news conveyed in this fateful be all exhausted by the end of the day, often after 12 hours call rippled beyond my initial shock, and labour on a hot summer day, but the throughout all corners of our industry. On 29 Eveready Phil would be still asking where I December Villawood Properties’ cherished “If anything positive want the next barrow of sand dropped. That bike-riding, grammar obsessed, highly- can ever come of this, was the uncomplicated life of the country charismatic, people-loving, Irish-born, that Phil loved. family-loving CEO, Phil Hanna, passed away. hopefully it is that Phil’s legacy will be to ensure As news spread and the industry reconciled that people in need speak Ever looking to take on a new challenge or opportunity, Phil headed to Melbourne their surprise with the devastating news, up and out, and that we all I understand the topic of mental health where he worked with VicUrban, and then look out for each other in Stockland, before Tony Johnson and I were became a fixture in many boardrooms new and enduring ways” across the state. Phil was extremely well finally successful in enticing him to come known and admired by many who only saw a – Kathy Mitchell, work with us at Villawood in 2008. His competent, passionate and passionate CEO, Planning Panels easy-going manner, optimistic nature, no so this hit incredible close to home for many. bullsh*t attitude and larrikin streak meant he fit right in. To borrow from Matt, our CFO, as leaders we often feel the need to bury our problems for the greater team, that our lives aren’t as His ongoing work ethic saw him promoted to General Manger perfect as the business we are trying to build. That idea is wrong, and then Chief Operating Officer, before ultimately stepping into and we need to address it. Kathy Mitchell from the Planning the role of Chief Executive Officer in 2017. Phil’s focus was on Panels Victoria furthers this point, “If anything positive can ever building a strong, resilient team that is future focused, adaptable come of this, hopefully it is that Phil’s legacy will be to ensure that to change and capable of creating consistently high-quality people in need speak up and out, and that we all look out for each communities. other in new and enduring ways”. It is very pleasing that the word family has been so frequently In addition to this important message, I’d like to use this space used to describe us in the past few weeks, and Phil certainly did to share some of my own memories of Phil’s life and reflections his best to build that culture. He encouraged a sense of resilience from across our industry. and camaraderie across the Villawood family, which ultimately served as a parting gift. I’d known Phil Hanna since the late 80’s when he was a town planner for Bendigo City Council. Being a local to Bendigo, Phil I reminded Phil in the last week leading to Christmas that in the personally knew many builders and developers in the town. At last few years, Tony Johnson and I have been able to step back the counter Phil was a chatty, cheerful and approachable guy, more and more knowing that the business was in his capable

VPELA Revue March 2019 / 9 hands. And that I expected that he would be leading us for at least “A talented and skilled development professional, a mentor and the next 10 years. leader, a wonderful smiling friend and a gentleman with a wicked sense of humour, Phil was adored by his family, friends and I’d be remiss not to recount Phil’s drive, generosity and passion colleagues. He had a knack of making the most ordinary of us feel for cycling, which provided yet another avenue for making friend special and included.” - Tamara Brezzi VPELA President and an outlet for his irrepressible energy. These characteristics were perfectly encapsulated in 2018 when Phil undertook the “Phil laughed with his eyes, which were always kind and had a lovely epic feat of traversing over 1,000KM across the North Island of twinkle. He was the commensurate professional for whomever he New Zealand, with a team of mates from Henley, to raise more worked for, right from those early days in Bendigo, to the Urban Land than $275,000 for Chain Reaction. Authority and then to Stockland and finally at Villawood. He brought his innate and clear understanding of planning to his development It is unique how he managed to carry that same respect companies and they were all the better for it. He knew and understood throughout his career as he moved through local government, the reason for good strategic planning and he was always supportive state government, then on to the private sector. Having also of great and lasting outcomes.” Kathy Mitchell - Chief Panel Member, started at Bendigo Council myself, I have always said that in Planning Panels Victoria Government you learn to do things properly and in private industry you learn to do things quickly. Phil certainly achieved that balance “There are many bright young people in our Industry that count Phil as throughout his career, bringing out the best aspects of both. a mentor and who credit him with teaching them so much over their journey. As a trading partner he represented the Villawood Brand In the week following Phil’s passing, I think I heard from half the very well and drove a high level of performance and expectation in cabinet including a phone call from Planning Minister Richard everything we engaged with him on.” - Dale Alcock, Oscar Stanley, Wynne, personally passing on his thoughts about Phil, who he Simon Mongan, Kayte Smithies and Aidan Hooper ABN heartfeltly respected. “Phil was an amazing man, a friend and mentor to so many.” Acting Premier Tim Pallas reached out offering his deepest - Danni Hunter UDIA CEO condolences. Quite rightly Minister Pallas noted, “Phil dedicated every day of his outstanding career to building and indeed “From every one of my dealings with Phil, he was a fantastic bloke transforming our State. As CEO Phil was central to Villawood’s and all the positive personal and professional tributes about him mission to ensuring more Victorians have the certainty and security certainly resonate with me from what I knew of him. His growth in of their own home. We are all so much poorer for his passing. At recent years as CEO of Villawood was a credit to both himself and this difficult time, I send my deepest sympathies to Phil’s family, and your organisation.” - Robert Papaleo, Director Residential Colliers everyone who called him a colleague, mentor and friend.” “As you know Phil was very respected in our organisation and there There aren’t enough Phil Hanna’s in the world, and we could are many VPA staff who have known him for his time not just at do without losing more. I’d like to leave you with some further Villawood but over 20 years.” - Rachel Dapiran, Acting CEO VPA commendations of Phil’s character and a reminder that when someone asks if you’re Ok, that’s a door opening for you, there’s no harm in exploring where it might lead, and if you’re concerned about someone else, be a compassionate human being and talk to them.

Vale Phil Hanna.

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10 / VPELA Revue March 2019 People Breaking Point The Future of Australian Cities Peter Seamer

We need to change the way we look at, and plan for our city’s us making more and longer travel than we would if we were growth. charged something closer to its actual cost. But this change won’t be popular with those people who are heavily subsidised Our population will double in the next couple of decades, yet and are causing the congestion. our roads and trains are already congested. Pushing more freeways into the centre of Melbourne will increase congestion Our planning system needs more flexibility to allow more mixed and is unpopular. Similarly, only around 11% of us live within a use and higher densities in areas close to business and job rich reasonable walk (800 m) of a train station, and trains currently areas, to allow more “active” transport. That won’t be popular only carry a little over 10% of our total commuter traffic. 75% of with many existing residents who generally oppose change. us go to work by car, as single drivers. Even if we were able to double – at huge expense – our train system over the next thirty More of us should work from home, even if only a day a week, but years, it won’t help much because our population will double at for some jobs this isn’t possible. the same time. Some infrastructure projects improve access for commuting We are about to experience a transport revolution as automated, and business movements throughout the whole metropolis, electric vehicles become the new norm: the new public transport, such as the excellent level crossing removal program. Others but while this will help, it won’t solve the problem. reinforce the overly centralised nature of employment in our city which will over time, increase the need for more travel, increase We cannot meet increasing demand for movement by simply personal and Government costs, and make the inner areas trying to “build our way out of congestion”. When we build new which are close to jobs more attractive, and more expensive, transport infrastructure, we get short-term congestion relief but further dividing our city into suburbs of winners and losers. it doesn’t last, as, over time we adjust our habits to make use of the facilities available. The purpose of writing “Breaking Point” is to look at all these things, how different groups in society influence decisions and So, if building more and more expensive infrastructure isn’t the lift the level of discussion about the need to localise our city. In solution, what is? the public arena we discuss congestion and infrastructure, but only occasionally mention the need to find ways of reducing We need to change the nature of our city, to make the activities excessive travel. we use closer to where we live. We need to “localise” our city. In recent times the Government has Reducing the frequency and length of travel is far and away the announced new projects and structural most effective way of resolving many of our city’s problems. arrangements that will assist the localisation At the risk of oversimplifying something complex, if we only of our city, which is very positive, but chang- travelled half as far in our daily commute, Melbourne could ing community attitudes about travel as cope with twice the population without worsening congestion. well choosing the right projects will be However, to do this we would have to achieve what we planners necessary if we wish to have a better city have been talking about for decades: bringing “jobs closer to for coming generations. home”, creating a 20-minute city/neighbourhood, and becoming more polycentric. By putting localisation at the centre of the debate, rather than on the periphery, we can help prioritise planning and There are many things we can do to “localise” our city and reduce infrastructure decisions that will build a fairer, more sustainable the time and expense we spend on travel, reduce the pressure on and liveable city. the Government’s coffers, make our city more sustainable and help break down the disparity and inequities that exist between “Peter Seamer was for a decade the CEO of the Victorian the rich, well serviced and heavily subsidised inner areas, and Planning Authority His career commenced with the planning the rest of Melbourne where 97% of us live. of new towns in the UK and Australia. He has been the CEO of four Australian Councils including the City of Sydney and The solution involves a complex set of actions, each of which was the CEO of Federation Square during its construction has its own difficulties, which are discussed in “Breaking Point”. and early operational phase. He is a Member of the Order of For example, we should charge more for car, train, bus and Australia for services to urban and regional planning, public tram travel on congested routes, and less for travel running administration and Local Government. Peter is a Senior against the peaks. We have one of the most heavily subsidised Industry Fellow of RMIT University and has a range of ongoing public transport systems in the world which simply results in professional interests.”

VPELA Revue March 2019 / 11 The Business Tribunal Talk Case management in the planning and Helen Gibson AM, environment list: tips for more efficient Deputy President, VCAT hearings and avoiding delays

Completing the application form correctly • Correctly describe the proposal on the application form. To avoid confusion when the application is served and possible Case management in the Planning and Environment List aims to resulting delays, make sure the description is a good match provide parties with a final hearing date at the commencement to what was sought either originally or by amendment before of the proceeding and to minimise the need for parties to attend the decision. For example, if the application stated, “Child care preliminary hearings for directions or otherwise, except in the centre for 120 children”, but was amended before the Council’s Major Cases List. Parties’ costs are reduced if the only hearing decision to “Child care centre for 100 children”, use the latter. they need to attend is the final hearing. As another example, if the application stated, “Construction of 10 dwellings in a 5-storey building” but the application was To assist VCAT to make accurate assessments about the time amended before the decision to “Construction of 8 dwellings required for a hearing and to ensure that we have enough in a 4-storey building”, use the latter. With a conditions review, information to make appropriate initiating orders, it is important if the application was to allow, say, “Subdivision into 10 lots” that applicants complete the correct application form and fully and a permit was granted for “Subdivision into 8 lots” and the provide all the information requested. conditions under review do not affect the number of lots, use In particular, applicants must: the permit description. • Specify each of the conditions sought to be reviewed in a • Complete all items on the application form, without leaving conditions review. Remember to include conditions that would required information blank. need consequential amendment if the review is allowed. • Where the name of the permit applicant is asked to be • Include all documents required by the application form. amended, provide documents or details about the person’s or company’s interest. Change of circumstances • Complete the number of witnesses they intend to call and If circumstances change with respect to the length of time the areas of expertise. It is preferable to be realistic so that estimated to present a party’s case, please advise VCAT as soon an adequate number of hearing days can be set aside. When as possible. an applicant under-estimates the number of witnesses, for example stating one witness in town planning will be VCAT always reviews the time allocated for a hearing once all called, then files three or four witness reports in multiple steps in the initiating order have been completed, the PN2 areas of expertise before the hearing, there is a likelihood material is received and the time for lodging statements of of an adjournment or part-heard hearing. This is inefficient grounds has expired. It will then issue a subsequent order to for parties and members alike and leads to delays in final confirm or change the dates or time for a hearing or compulsory decision-making. conference. At this point, there is flexibility to adjust the number of days required. The same flexibility does not exist if a party waits until just prior to the scheduled hearing to request more time. Request for legal member Supporting the If a party considers a genuine question of law will arise during www.biosis.com.au the hearing, they should notify the Tribunal and all other parties VPELA Young of the details at the earliest opportunity. Any request must Professionals Group particularise the question(s) of law to be determined, not simply foreshadow that there may be a legal question arising. since 2015 Under practice note PNPE1 – Planning and Environment List We are proud to play General Procedures this should occur preferably no later than our part in unearthing 10 business days before the hearing. This provides the Tribunal emerging new talent with an opportunity to assess the question and, if required, list a legal member.

It is not always possible to list a legal member at very short Albury I Ballarat I Melbourne I Newcastle I Sydney I Wangaratta I Wollongong notice.

12 / VPELA Revue March 2019 Before requesting that the Tribunal be constituted with a legal of the hearing even though the Tribunal’s earlier representative member, parties should consider whether this is necessary. order was complied with.

The Planning and Environment List is an expert Tribunal and most Consent orders presiding planning members are well able to determine questions of law, or mixed law and fact, that arise during the course of Where parties agree to a consent order resulting in a new or a hearing when interpreting or applying particular planning varied permit, the following tips will aid the Tribunal to issue a scheme provisions or characterising a use or development. prompt final order: Amending dates in the initiating order • For the grant of a permit, don’t add permissions that were not sought. Applicants should not unilaterally amend or depart from the • In a conditions review, don’t seek variations of non-challenged dates set out in the initiating order. conditions unless they require a consequential amendment, If it is not possible to comply with the dates specified, for example for example re-numbering. because the responsible authority fails to provide the names and • Attach all plans or documents referred to in the consent order addresses of persons to be served with the application within the not already on the Tribunal’s file. time stated, applicants should immediately request the Tribunal for an order to amend the dates. The Tribunal can do this quickly. • Make sure parties or their representatives on the record sign However, without such an order, late service of documents or the order. advising objectors that the closing date for lodging a statement • Don’t forget to include referral authority consents. of grounds is different to the date in the order, creates confusion and will usually necessitate a practice day hearing. • If a Council consents to permit in a section 77 or 79 application for review, reasons for the Council’s change of position must Amending plans at the initiating order stage be included. In cases where there has been no previous notice given of a • Follow the practice note PNVCAT1 – Common Procedures permit application, applicants must not seek to amend plans and the templates for consent orders in the Planning and before giving notice as directed in the initiating order. Environment List, which are on the VCAT website.

Applicants must give notice of the permit application as it is at the date of lodging the application for review. If applicants then wish to amend the plans or permit application, they must comply with the procedures set out in practice note PNPE9 – Amendment of Plans and Applications. Rosanna Station and Lower Plenty Road Level Correct service of amended plans Crossing Removal Practice note PNPE9 – Amendment of Plans and Applications sets out the procedures that permit applicants must follow if they wish to amend their plans or other aspects of their permit applications before the hearing. Parties may only depart from the procedures or timelines in the practice note if the Tribunal makes an order with different arrangements. It is not open to parties to unilaterally change the service requirements or limit the persons served.

When completing the service of amended plans, it is very important for permit applicants to correctly complete service under PNPE9 and to correctly describe in detail how the plans have been amended. Too many cases that have been adjourned because of flawed service are a result of failing to serve all MGS Architects, in collaboration with Jacobs, have delivered a new station and urban persons specified in the practice note or because of inadequately precinct at the heart of Rosanna. The station described statements of changes. and rail bridge were undertaken as part of the Victorian Government’s Level Crossing Removal Project, in an alliance between LXRA Sometimes a representative order is made at a practice day and the North Eastern Program Alliance. hearing or compulsory conference, which limits the range of persons who must be served with amended plans under PNPE9. Notwithstanding such an order, applicants should always ask themselves before undertaking service whether the amended plans may adversely affect or increase impact on any properties MGS Architects architecture not named in the representative order. If so, applicants should 10 – 22 Manton Lane interiors Melbourne 3000 masterplanning also serve notice on such properties as a safeguard in case the T +61 3 9291 9900 urban design Tribunal that hears the case decides that notice should have mgsarchitects.com.au been given to them. If this occurs, it can result in adjournment

VPELA Revue March 2019 / 13 The Business Legal world

Tess Kerridge, Senior Associate, Holding Redlich

1. 285 Lennox Pty Ltd v Yarra CC [2018] VCAT 2029 of Decision to Grant a Permit, which was relied upon by the (ReD DOT) applicants and their solicitors to their detriment.

This summary looks at the outcomes of a practice day hearing The Deputy President dismissed this argument on the grounds decided by Deputy President Helen Gibson on 19 December that both the VCAT application form submitted by the applicant 2018. The proceeding confirms the proper interpretation of the and Tribunal website each clearly state the correct time limits. recently amended Regulation 35 of the Planning and Environment Furthermore, the applicants were considered to be ‘a professional Regulations 2015 (‘Regulation 35’) that relates to the time within development company with professional representation. Such which s 82 objector review applications must be lodged. experienced professionals should be familiar with the relevant time limits for lodging common types of planning applications’ (at An application was lodged by an objector under section 82 of [15]). Deputy President Gibson relied upon Katsanis v Wyndham the Planning and Environment Act 1987 to review the decision of CC [2005] VCAT 824, which endorsed and reiterated what had the Yarra Council to grant a permit for demolition of an existing already been said by numerous other Tribunals, namely: ‘without building and construction of 3 x three storey dwellings at 1-3 time limits, the whole system would degenerate into one lacking Gipps Street Richmond. The purpose of the practice day hearing in certainty; and would become highly dependent on discretion’ was: (at [20]). The extension of time application was refused.

• To consider whether the application should be struck out or 2. Icon Co (Jessamine Avenue) Land Pty Ltd v Stonnington CC summarily dismissed. (Red Dot) [2018] VCAT 1134 • To consider an extension of time for lodging the application pursuant to section 126 of the Victorian Civil and In this case, the Tribunal considered an application to demolish Administrative Tribunal Act 1998. two dwellings at 271-273 Dandenong Road Prahran, which were C grade contributory buildings in a Heritage Overlay and within On 1 July 2018, Regulation 35 was amended to provide: an intact heritage precinct, and their replacement with a modern residential development comprising 12 dwellings. 35 Application by objector for review under section 82 The Tribunal was constituted by Deputy President Helen Gibson An application under section 82(1) of the Act for review of a and Member Sarah McDonald. The Hearing took place over 5 decision by the responsible authority must be made within 28 days in July 2018. days after the date of notice of that decision The Applicant, Icon Co (Jessamine Avenue) Land Pty Ltd, Prior to 1 July 2018, Regulation 35 provided: sought a review of the Stonnington City Council’s decision to 35 Applications for review under section 82 refuse to grant it a permit under section 77 of the Planning and Environment Act 1987 (PE Act) to demolish two existing dwellings An application for review under section 82(1) of the Act must be and replace them with a three storey contemporary residential made within 21 days after the responsible authority gave notice building comprising 12 townhouse type dwellings. of the decision to the objector under section 64 of the Act. In considering the heritage precinct within which the subject The key change to Regulation 35 concerned the number of days land fell, the Tribunal found that the precinct as a whole within which a s 82 application for a review can be made. Deputy remained highly intact and was a ‘unique collection of inter-war President Gibson held that the current Regulation 35 requires the housing stock in this part of the municipality’ (at 18) and that the application to be lodged within 28 days of the date of the Notice of subject dwellings that were proposed to be demolished ‘are both Decision, whereas the previous version of Regulation 35 required an important part of, and contribute to, the significance of the an application to be lodged within 21 days of receiving notice of heritage precinct’ (at 20). the Notice of Decision. In reaching its decision to refuse the application to grant the Deputy Gibson found that the applicants had lodged their permit, the Tribunal considered the principles of integrated application four days out of time. The Deputy President then decision-making set out in clause 10.01 (now clause 71.02-3) of considered whether, under section 126 of the Victorian Civil and the Victorian Planning Provisions, and the case ofBoroondara City Administrative Tribunal Act 1998, an extension of time should Council v 1045 Burke Road Pty Ltd [2015] VSCA 27. In that case, the be granted for the commencement of the proceeding. In their Court of Appeal held that in deciding whether a permit should defence of missing the deadline, the applicant’s argued that be granted to demolish or modify a building under the Heritage the Notice of Decision issued by Council stated that any review Overlay, considerations of a non-heritage nature may be taken application must be lodged within 28 days of the Council’s Notice into account provided that they are relevant matters under the

14 / VPELA Revue March 2019 provisions of the PE Act or the purposes, objectives or decision An authorised delegate of DELWP, Ms Suriya Vij, issued the guidelines relating to, or incorporated into, the Heritage Overlay. Authorisation to DEJTR on 25 July 2017 without written reasons, as she was not asked to do so. The Tribunal was not satisfied that the application of the principles of integrated decision-making found at former clause 10.01 (now The plaintiff submitted that DELWP fell into jurisdictional error clause 71.02-3) and articulated in the Boroondara City Council v when it decided to grant the authorisation because: 1045 Burke Road Pty Ltd case justified the demolition of the two (a) her finding was unreasonable, illogical, irrational and subject heritage dwellings for a net increase of 10 dwellings. was not based on evidence; The Tribunal did not ‘consider that the demand for additional (b) there was an inconsistency in the decision that a cull was housing to meet the needs of future population outweighs all necessary for all of the kangaroos under scenario one of other policies and objectives in the planning scheme relating to the kangaroo management plan, but under scenario two heritage for a development of this scale.’ (at 57). some of the kangaroos could be retained; and ‘The ability to consider non-heritage factors when determining (c) DEJTR’s desire to sell the land was an irrelevant applications under the Heritage Overlay identified in the1045 consideration. Burke Road case is not an excuse to downplay or override the The Plan considered two scenarios, both of which were poss- purpose of the control in the Heritage Overlay in run-of-the-mill ibilities, with sale considered as the more likely option at the applications. There must be something about the circumstances time. The Court found nothing wrong or inappropriate with of the site, the proposal or the strength of the broader policy providing two such alternatives. framework that makes it relevant to give more weight to non- heritage objectives when exercising discretion under the The Court found that Ms Vij’s role was to decide whether she Heritage Overlay.’ (at 72). was satisfied that the grant of an authorisation was necessary to support the Plan. In oral evidence, Ms Vij explained that The Tribunal concluded that, in applying integrated decision- she reviewed the Plan, but did not factor into her decision making, conflicting objectives in support of increased residential the significant encumbrance to the sale of the land that the development and the need to account for population growth substantial mob of kangaroos presented. Management of the within metropolitan Melbourne and Stonnington, in particular, kangaroos was found to be a matter for DELWP, and the Court did not outweigh objectives under the planning scheme to found no reason to doubt her evidence on this matter. There was protect places of heritage significance. nothing unreasonable, illogical or irrational about the decision that Ms Vij took. The Tribunal refused to grant the permit for demolition. The Court also considered whether Ms Vij was satisfied that the 3. Australian Society for Kangaroos Inc v Secretary, Authorisation was necessary to support a recognised wildlife Department of Environment, Land, Water and Planning management plan, per section 28A of the Wildlife Act 1975 (No 2) [2018] VSC 407 (‘the Act’). The Court found that section 28A(1) requires the This was a judicial review decision of Justice Garde in response Secretary to be satisfied that the Authorisation isnecessary for to a declaration application to the Supreme Court of Victoria by the particular purpose set out in one of sections 28(1)(c)-(i). It the plaintiff, Australian Society For Kangaroos Inc, in connection does not require or authorise a Court to independently inquire with a decision of the Department of Land, Water and Planning or objectively determine whether the Authorisation satisfies the (DELWP) (the first defendant, who issued the authorisation) and requirements of one of sections 28(1)(c)-(i). The requirement is a the Department of Economic Development, Jobs, Transport subjective jurisdictional fact. and Resources (DEJTR) (the second defendant, who sought The Court found that the word ‘necessary’ in section 28A(1) the authorisation) to authorise the destruction of a mob of of the Act takes the meaning of ‘reasonably required in the approximately 400 eastern grey kangaroos (‘the Authorisation’) circumstances or legally ancillary to the accomplishment of the located at the site of the Melbourne Wholesale Market at 312– purpose’ consistent with the findings in the caseAttorney- of 325D Cooper Street, Epping. General v Walker (1849) 3 Ex 242, 255–256 (Pollock CB). In 2017, DEJTR applied for an authorisation to cull 450 eastern grey The Court then considered the meaning of the word ‘recognised’ kangaroos on the subject site. The application set out the findings in section 28A(1)(h) of the Act, which is not defined in the Act of a 2012 Panel, and relied upon a Kangaroo Management Plant itself, nor is there any extrinsic material that sheds light on the (2015) (‘the Plan’), which set out the result of monthly monitoring meaning of the word. After considering the word ‘recognised’ of the eastern kangaroo population and found that the population in the context of section 28A(1) and its dictionary definition, the had increased to an unsustainable level. Court found that it was the Secretary to DELWP who must be satisfied that the Kangaroo Management Plan was a ‘recognised The recommendations in the Plan addressed two scenarios. wildlife management plan’ for the purposes of section 28A(1), by Scenario one envisaged the land being developed within 12 having regard to relevant considerations. months and recommended all kangaroos on the eastern half of the site be removed by shooting at night. Scenario 2 envisaged the The Court found that Ms Vij applied the correct legal test under land being retained for more than 12 months and recommended section 28A(1)(h) of the Act and was satisfied on the evidence an in-situ kangaroo management plan be implemented, which before her that the authorisation was necessary to support would include immediate reduction of the population density the recognised wildlife management plan. The grounds relied to one hectare by shooting at night, controlling weeds, yearly upon by the plaintiff in the proceeding failed and the proceeding culling and ongoing monitoring. was dismissed.

VPELA Revue March 2019 / 15 The Business VicTrack A new year and a new approach Kate Kraft, Planning Manager, Property Group, VicTrack

After 13 years spent in the Central City - Development Approvals I provide planning advice to VicTrack on matters relating to team at DELWP, I decided in late 2018 to take up an exciting new its assets in Melbourne and across the entire State. I prepare position as the Planning Manager at VicTrack. responses to statutory and strategic referral responses to Local and State Government on referred planning matters and prepare In the first quarter of this year I’m still relishing the fresh outlook planning permit and amendment applications for VicTrack land. brought by a new job and a new sector in the planning world And of course, any new rail transport project will ultimately be with new acronyms to learn (TSR? ALCAM anyone?). If 2018 an asset owned, custodially, by VicTrack. Vic Track’s extensive was something of a transition year due to the election, 2019 is land ownership across the State therefore places VicTrack in an often-pivotal position in many planning matters across the State. time to really get cracking in the planning and transport space. There is a dazzling array of transport projects afoot in this state My arrival at VicTrack has coincided with an evolving outlook and planning to support this program of renewal and expansion at VicTrack to the sustainable sale and development of its needs to really crack a sweat to keep up. surplus assets. The sale of surplus land has in recent years been a significant proportion of Vic Track’s income but a more VicTrack is situated in an interesting in-between space between sustainable approach to its assets is now being considered which government and the commercial sector. It is a statutory has the potential to deliver on both profit and social objectives. corporation meaning that it is owned by government but is not a The prospect of exploring the hold and development of its assets government department. It receives no government budget and and in doing so providing well located housing near train stations is commercially self-sustaining, investing profits back into the with new variations on affordable housing is an exciting prospect transport system. It has several facets to the business including that warrants a “Watch this Space” alert on VicTrack. Telecommunications, Project Delivery, and Asset Management, A prospect on the horizon that is also being explored by our Property Development and a Land Sales and Leasing business. Development team is development over rail which has the This is a diverse business to service planning wise and I work potential to create sites literally out of thin air. While to date, intimately with our external partners in Transport for Victoria, this has been cost prohibitive due to structure costs, it is an idea Public Transport Victoria, V/line and Metro Trains Melbourne. that will persist due to the opportunities it represents to truly integrated housing, transport and open space on transport’s doorstep, similar to projects found in Japan, Europe and the UK which demonstrate these outcomes. It surely is time that we start properly recognising the opportunities that exist at train stations which should be treated differently in planning, allowing for expanded opportunities for development.

Almost all Activity Centre planning criti- cally depends on transport land. This is something of a dream situation for an inquisitive planner. Especially if like me, you are interested in how the cities function and how they can be improved.

A recurring situation I am observing is working to address Council’s aspirations for transport land at train stations which can often present as a key piece in the puzzle to unlock better pedestrian access or improve the appearance and function of an activity centre.

As the landowner, VicTrack is often first port of call for a discussion over the land’s future. But it is not just VicTrack’s voice (as land owner) that counts.

16 / VPELA Revue March 2019 VicTrack forms part of a mysterious union that some refer to To this end, I am looking forward to the imminent release of affectionately as the “Transport family”. The Department of VicTrack’s Rail Development Interface Guidelines which will be Transport, Public Transport Victoria, VicTrack and the Accredited published on our website soon. These guidelines will assist you Rail Operators (Metro Trains Melbourne, V/line and ARTC) are with all you need to know if you wish to develop adjacent railway members of this grouping who work together to plan, manage land. It will help planners and developers navigate the relevant and operate the rail and transport system. technical requirements and give an insight of the key issues which are not always immediately obvious. Planners are often VicTrack cannot sell land without clearance from TFV. TFV used to many matters being discretionary but in the rail space, will not sell if it adversely impacts on future transport plans there are some firm rules which cannot budge due to safety and or transport operations on advice from PTV. PTV has its own technical imperatives, so these are important to know. detailed guidelines about issues such as whether bus stops can be moved and how far from a train station. The operators have One of the key principles of the guidelines, which I am pleased their own guidelines, which VicTrack must strictly support and to already see many developers and planners adopt, is that observe as leaseholders of their land. So like most families, a VicTrack cannot support openings or balconies that directly abut pretty complicated set of relationships. the rail corridor. This is due to the potential constraint it implies over the rail land. This requires a changed outlook on behalf This results in a knotted ball of transport hair that can be of neighbouring land owners, that the rail corridor is an active extremely difficult to untangle to make activity centres function space which may change or be developed in the future. better. And my example does not even involve the participation of VicRoads and other authorities. We need more conversations about transport and planning, and I am looking forward to many of these with you, this year. No one entity is currently able to fully unify the decision-making processes and the land transaction processes. In this context it Kate Kraft is a Melbourne-based planner with over 20 years of is difficult to step back from the tangle and consider the overall experience. As a senior planner in the Development Approvals proposition holistically, truly integrating transport and urban unit within DELWP she has worked on many city shaping design and planning. This is a governance issue which has big projects and managed the planning approval program for implications for delivery of Plan Melbourne and the long-term the Rudd era Nation Building program of schools and social planning of Melbourne generally. housing development.

Internally and between agencies, the Transport family works in a highly cooperative manner, yet to the outside world, for Council and applicants, it is often difficult to know who does what and how decisions are made. The respective members are working hard to be more available and receptive with new email portals for referrals and advice. But we also need structural change to better facilitate transport feedback into the planning system.

My understanding of this issue has been elevated by recent participation in the Working Group reviewing the Transport Portfolio Referral Project led by the Department of Transport. I am therefore hopeful for future reforms in the transport referral space in 2019. Some of the issues on the wish list is to streamline referrals, reduce duplication of conditions between agencies and Victorian Planning Reports achieve unified responses from transport that properly integrate new website is now live not just rail and public transport but also road transport issues.

This project has also highlighted that there are two distinct and Looking for that Tribunal or Panel separate paradigms of thinking between local government and report? Seeing what the Tribunal or State government transport agencies that needs bridging. Panel said on a particular matter?

On the one hand, we have the planning and place-making Visit our new website to access the approach of Councils which is often aspirational and flexible. Guide to Planning Appeals, Guide to On the other hand, we have the complex outlook of the Planning Panels and editorials, past transport agencies which melds engineering requirements, and present. operational requirements, and safety imperatives along with Save time and go to the key word search! planning and place-making also competing for a look in. The transport agencies often have absolute requirements due to Our new web site is a breeze to use. safety issues and long-term transport plans which may have Take advantage of the 14 day free offer a degree of uncertainty built in. This makes it difficult to bring if you don’t currently subscribe. the objectives of the two sides together. Notably, there are few avenues outside of the referral process for Councils and the vprs.com.au agencies to meet (or meet early enough) and understand each other’s needs and imperatives.

VPELA Revue March 2019 / 17 The Business VicRoads – the opportunity, desire and support for change Kate Stapleton, Manager, Planning Practice, VicRoads

It is very easy to agree to writing an article while at the VEPLA two other jurisdictions and everything in between. Ensuring that Christmas party and celebrating the end of an exciting year. The VicRoads not only complies, but sets best practice standards for reality hits when February rolls round and the article is due. the delivery of these statutory obligations is central to my role to Thankfully the idea pitched to me by Bernard McNamara is one establish a new Planning Practice team within the organisation. I know well - what I have learnt since joining VicRoads in April 2018. This period has been a whirlwind of learning, planning 3. Roles and responsibilities are practice and system development as VicRoads works towards changing in the “roads world” building its statutory and strategic planning capability. The establishment of the Major Roads Project Authority in 1. VicRoads is an awesome organisation July 2018 was one of the most significant changes in VicRoads history. For the first time since the establishment of the Country A statutory authority, who at its heart, is full of passionate people Roads Board the “road construction” and “project delivery” part (mostly engineers!) focussed on delivering road safety outcomes, of VicRoads was removed to be set up as a stand-alone authority. a 100-year history of infrastructure planning and commitment This change allows VicRoads to focus on what it does best – to keeping people and goods moving efficiently throughout the protecting, managing and planning the future of the arterial road state, is an amazing place to work. Added to this we have an network in its entirety and ensuring that the Major Transport agile work environment (no, I don’t have an allocated desk); a Infrastructure Authority (from 1 January 2019) does what it does commitment to flexible working (no, I don’t work fulltime) and a best – build transport infrastructure. robust workplace diversity strategy (there are lots of women in leadership roles). In short VicRoads has a strong foundation to 4. Now is the right time for change be a progressive and high performing organisation. In August 2018, Michael Malouf joined VicRoads as Chief 2. VicRoads has significant statutory Executive to help set the organisation up for the future. With his extensive management experience, including in local govern- planning responsibilities ment, and understanding of statutory planning (Michael has VicRoads has a number of different ‘hats’ to wear in exercising been a sessional Planning Panel member), Michael quickly its statutory planning responsibilities including: as a referral prioritised the need for VicRoads to rethink how it engages on authority (where others are proposing changes to the surrounding statutory planning matters. In March 2019, Robyn Seymour took land use that will impact the arterial road network); as a the helm as Chief Executive to continue this important work and the organisational transformation required to ensure that proponent (where VicRoads undertakes the myriad of planning VicRoads is well placed to meet the increasing demands of all and environmental approvals required for road construction or road users, population growth and asset management. road planning projects); and as a landowner (ensuring that the road network and other land assets are accurately reflected in So what does all this mean as we rush into 2019 – VicRoads planning schemes). Each of these different roles have different is well placed to build on its organisational strengths, has a statutory responsibilities and can vary from a two-lot subdivision commitment to improve the delivery of our statutory planning on a declared arterial road to a $400m bridge that intersects with functions and embedding our road manager role as we work with the many other transport entities that rely on the arterial network to move people and goods. The opportunity, desire and support for change is strong within VicRoads and I look forward to working with you all to make it happen.

If you have further queries, please contact Kate directly at [email protected]

Kate Stapleton is an urban and regional planner with over 20 years of experience in local and State government, including 12 months in the United Kingdom working for National Government. Kate has recently joined VicRoads after 15 years at the Department of Environment, Water, Land and Planning where Kate developed and led the successful Fast Track Government Land Service (now Government Land Planning Service).

18 / VPELA Revue March 2019 2018 Nexus Ball Disco Inferno It was back to the 70’s at Bond Bar for our fun-filled retro evening of great company, fabulous disco and of course flashy dancing! Over 180 groovy jive turkeys attended our Young Professional’s annual event and it was a fantastic night for all! The best of the costumes can be seen below. Thanks to all our sponsors.

VPELA Revue March 2019 / 19 Christmas Party

20 / VPELA Revue March 2019 Christmas Party

VPELA Revue March 2019 / 21 Christmas Party

22 / VPELA Revue March 2019 Places Infrastructure Australia Priority List 2019 Matthew Crisfield, the Melbourne picture BMDA Development Advisory

Infrastructure Australia has released the 2019 edition of its Infrastructure Priority List. The annual report identifies projects and initiatives to assist in resolving identified infrastructure constraints. The Priority List is intended to provide guidance to all levels of government to guide investment and infrastructure Infrastructure decisions. Infrastructure Priority The report separates infrastructure proposals into two broad List categories, Projects (where a business case has been positively List Australian Infrastructure Plan assessed by Infrastructure Australia) and Initiatives (potential ProjectAustralian and Infrastructure Initiative Plan projects for which a business case not yet prepared/assess- SummariesProject and Initiative ed). Projects or initiatives that address major problems or FebruarySummaries 2019 February 2019 opportunities of national significance are highlighted as ‘High Priority’.

The 2019 Priority List identifies three High Priority projects for • Ballarat Line Upgrade (Near Term – 0-5 years) Victoria: The project will upgrade the Ballarat Railway Line between • M80 Ring Road Upgrade (Near Term – 0-5 years) Wendouree and Deer Park. The upgrade will consist of track The M80 ring road upgrade project will upgrade three sections duplication, construction of new rail track and passing loops, of the existing Ring Road that have not yet been upgraded to enhanced stabling facilities, and station upgrades. The Victorian a minimum of three through lanes in each direction (Princes Government identifies a benefit-cost ratio of 1.1. Freeway to Western Ring Road, Sydney Road to Edgars Road, and Plenty Road to Greensborough Highway). The Victorian The report also identifies the following Initiatives which are Government identified a benefit-cost ratio of 2.0. The M80 possible infrastructure solutions which have not been subject to Upgrade project is the only Project identified for Victoria in a business case assessment. both the 2018 and 2019 Priority Lists. • Monash Freeway Upgrade Stage 2 (Near Term – 0-5 years) High Priority Initiatives identified for Victoria: The Stage 2 Upgrade of the Monash Freeway comprises the • Improve the connection between Eastern Freeway and City construction of additional freeway lanes between Clyde Street Link (East West Link) (Near Term – 0-5 years); and the Eastlink Interchange, extension of managed motorway • Melbourne rail network capacity (Medium Term 5-10 years); technology and improved connections to the freeway at and Beaconsfield. The Victorian Government identified a benefit- • Preserve corridor for Melbourne Outer Metropolitan Ring cost ratio of 4.6. Road/E6 (Near Term – 0-5 years). • North East Link (Medium Term – 5-10 years) The North East Link project proposes to connect the …continues over page Eastern Freeway (Doncaster) to the Metropolitan Ring Road (Greensborough) via an 11km road connection including 5km of three-lane twin tunnels. In conjunction with the new connection, the project will also include: upgrades to the existing Eastern Freeway; five new interchanges, 10.6km of additional bus lanes; Bulleen Road upgrades and new walking/ cycling paths. The Victorian Government identifies a benefit- cost ratio of 1.3.

All of the High Priority projects identified for Victoria are road- based infrastructure projects which identify economic benefits to be achieved through travel time reductions associated with the alleviation of congestion. Similarly, of the eight Australia Timely and accurate Wide High Priority Projects identified for all states, seven are built heritage advice and assessments categorised as projects to address urban congestion.

In addition to the High Priority Projects identified, the 2019 1300 839 325 edition also identifies one Priority Project for Victoria:

VPELA Revue March 2019 / 23 Priority Initiatives identified for Victoria: Both the East-West link and the level crossings removals program never made it past the initiative stage and as such a • Melbourne level crossings removal (Near Term – 0-5 years); business case for these projects was never assessed by Infra- • Public transport access to Fishermans Bend (Medium Term – structure Australia. In an even greater shift away from the 5-10 years); Infrastructure Australian process, the Westgate Tunnel was • Cranbourne Line capacity (Medium Term – 5-10 years); never identified as an initiative by Infrastructure Australia, • Hurstbridge Line capacity (Medium Term – 5-10 years); let alone being scrutinised by an independent business case • Melton Rail Line upgrade (Medium Term – 5-10 years); assessment. Similarly, the proposed Suburban Rail Loop is not • Melbourne Airport to the CBD public transport capacity identified as an in initiative or project by Infrastructure Australia. (Medium Term – 5-10 years); • Melbourne outer northern suburbs to CBD capacity upgrade Given there is such a disconnect between Infrastructure Austra- (Longer Term – 10-15 years); lia and major public infrastructure projects currently being • Melbourne Airport third runway (Near Term – 0-5 years); delivered, it appears that State Governments are much happier • Melbourne container terminal capacity and land transport to run their own course when it comes to major spending access (Various – 0-15 years); and decisions, with an endorsement from the independent body • Melbourne–Geelong rail capacity enhancement (Longer Term being seen as a bonus, but by no means a necessity, prior to any 10-15 years). press conference with hard hats in tow. In this way it seems that It appears that there is a ‘disconnect’ between projects which having a project assessed positively by Infrastructure Australia is have been assessed by Infrastructure Australia and projects the public sector equivalent of asking a father permission before that are being delivered in Victoria (or at least committed to). Of proposing to his daughter, a quaint sign of respect which appears the previous four major infrastructure investments committed to have very little effect on any real decisions being made. to by both Liberal and Labor Governments (East-West Link, Matthew Crisfield is a Senior Planner Melbourne Metro, Level Crossing Removal Program and the at BMDA Development Advisory. Westgate Tunnel), only the Melbourne Metro Tunnel business case was assessed by Infrastructure Australia and subsequently identified as a High Priority Project.

Traffic Engineering Project Management Landscape Architecture Contamination Assessment Melbourne Surveying Sydney (CBD) Water Engineering Miranda (NSW) Central Coast (NSW) Urban Design Bairnsdale Ballarat Town Planning Leongatha Sale Civil Engineering Traralgon Warragul beveridgewilliams.com.au Wonthaggi

24 / VPELA Revue March 2019 Seminar Conversations with the Minister

Shannon LeBel, Ecology and Heritage Partners

In his first VPELA address since re-election at last years’ Victorian The Arden Precinct will connect to the Melbourne CBD in State Election, VPELA members attended the Conversation with approximately two minutes once the Melbourne Metro Tunnel the Minister seminar with the Hon. Richard Wynne, Minister for is completed, increasing the opportunity for connectiveness and Planning, Minister for Housing and Minister for Multi-Cultural investment in the area. Affairs. Similar opportunities exist for future employment hubs proposed Now in his fifth year of attending this event, the Minister was for Dandenong, Sunshine, Parkville, Monash University, La Trobe joined onstage by the former Minster for Planning, Professor University and Werribee. John Thwaites, for a discussion on Victoria’s planning priorities and agenda over the next four years. These precincts and hubs can look to model the delivery of Melbourne’s world renown medical precinct on Flemington The Minister opened proceedings by emphasising the works Road, where public investment in institutes such as Bio21, undertaken by the Government over the past few years, the Peter MacCallum Institute, the Royal Women’s and Royal particularly as part of the refreshed Plan Melbourne strategy. A key component of this strategy is a focus on urban renewal Children’s Hospital provides employment opportunities for projects, with both the Arden Urban Renewal Precinct and several thousand skilled and un-skilled workers from scientists Fishermans Bend Urban Renewal Area highlighted as examples and doctors, to maintenance and catering staff. Since the of how Melbourne can incorporate better planning outcomes in creation of the employment hub, residential and commercial our urban environments. development followed.

Fishermans Bend is an important example of how project Professor Thwaites asked the Minister to comment on how delivery can be expedited through a combination of State and green open spaces could and should be incorporated into urban private sector investment, which in turn, facilitates a range renewal developments and how planning outcomes should be of uses within the area. Following the acquisition of a large used to achieve this. The Minister recognised the importance of landholding at Fishermans Bend by the Victorian Government, existing green spaces in and around Melbourne, even in the face several large, private firms secured landholdings in the area of ongoing construction and development in the CBD restricting providing a range of future employment opportunities, and access (i.e. lawn surrounding St Paul’s Cathedral) and drew on subsequently, residential development has followed. some inspiring examples observed during a recent visit to China. …continues over page

Minister Richard Wynne in discussion with John Thwaites Jodi Kennedy, Patrick Doyle & Sam Palma

VPELA Revue March 2019 / 25 China is undergoing unprecedented growth, but through Catherine Heggen (Director – Message Consultants) and architectural excellence and a range of novel approaches, is Noelene Duff (CEO – City of Whitehorse) finished the evening incorporating a high diversity of green open space into new by presenting their thoughts on the key ideas that should be on urban development though the integration of internal courtyards the Minister’s agenda for the next four years. These included the and vertical gardens, large green setbacks, rooftop spaces and greening of urban spaces, an increase in affordable housing, reclaimed street spaces. The Minister was further inspired increased environmental protections, and a more effective by the Chinese ‘Sponge Cities’: those cities that incorporate decision-making process. sustainable water use through the retention and collection of available water resources. Acknowledging that Victoria has a lot The Minister certainly has a lot to consider based on the topics to learn from other cities, the Minister stressed that the Planning and questions raised during the seminar. As usual, the Minister’s Scheme only provides guidance on how green space should be answers were honest and refreshing during the evening, and incorporated into renewal projects, and it is ultimately up to based on feedback heard during the drinks at the end of the developers to ensure that the green space outcome is ultimately evening, the audience clearly enjoyed the format. fit for purpose. The opportunity to hear directly from the Minister, to ask The issue of how Victoria plans to incorporate climate mitigation questions and participate in the discussion is important for all and changing technologies into future planning was also raised, of us and we look forward to seeing all the plans in the pipeline with the conflict of solar panels proposed to be placed over come to fruition. productive irrigation land being identified as a planning and Shannon LeBel is a member of the resource challenge. Further, with the rapidly progressing uptake Ecology and Heritage Partners Built Heritage Team in the use of electronic vehicles, future planning outcomes need to consider where and how charge stations can be incorporated into existing infrastructure and new developments.

Seminar Suburban Rail Loop 50 billion reasons why (or why not?) Rachel Butler, Senior Town Planner, Tract

When the Victorian Labor Government announced their bold plan change the way people move around Melbourne. However there to build the 50 billion dollar Suburban Rail Loop in August last are many unanswered questions: Where will the line go? Where year, it was described as “the biggest public transport project will the stations be located? Who will use the line? Who will pay for it? Is this the best use of taxpayer money? Does it stack up? in Australian history” and one that a modern growing Victoria needs. A bold election promise by a government who has prided On Tuesday 5th March a VPELA seminar was held to provide an itself of delivery of key infrastructure, particularly transport opportunity to hear from three industry experts as to the reasons related projects, this project has the potential to drastically why (or why not) this project could be a good thing for Melbourne.

Speakers: Marion Terrill, Darren Rudd & Peter Tesdorpf Leigh Furness, Rob Milner & Tania Quick

26 / VPELA Revue March 2019 Marion Terrill from the Grattan Institute reminded the audience to ensure that all options had been considered, and that the that this announcement was made in the context of continual best outcome could be supported by local government. In the population growth and an upcoming election in Victoria, instance of the suburban rail loop, Darren identified large areas highlighting the fact that Infrastructure decision making has of Melbourne’s norther which are currently under serviced by changed over time to often be a politically motivated. There public transport, that could potentially be positively improved by was nearly no overlap between what political parties promise the rail loop should it be carefully designed and implemented in at election time last year, and the notion of a suburban rail such a way to allow this. loop has not previously been identified on any priority list by Peter Tesdorpt from Rail Futures Institute Inc. (RFII) agreed that Infrastructure Victoria (IV), the state’s independent statutory what Melbourne needs is to change the network from one that authority which provides to expert advice and guides decision- is radial to orbital arrangements, with increased connections, making on Victoria’s infrastructure needs and priorities. A quote interchanges and providing more options for residents. Whilst from the IV website “Good infrastructure planning requires a the network in Melbourne may have been good for a city of 2 to 3 long-term, evidence-based strategy developed with government, million people, it is no longer adequate for current needs of the stakeholder and community input and support.” Decisions on city or the anticipated future needs. large scale infrastructure of this nature should be grounded in community consultation and evidenced based decision making RFII has previously prepared the ‘The Melbourne Rail Plan should be prioritised such that our public transport infrastructure 2019-2050’ to outline potential improvements to the Melbourne is the subject of a bipartisan approach to transport planning. Public transport network through upgrades to the tram network, Which made begs the question, is the suburban rail loop an measured upgrades to heavy rail and a focus on transforming example of that? the current network from a radial to a grid network. The work undertaken by Peter and his colleagues challenges us all to With an anticipated cost at $50 billion, that equates to approxi- consider whether the proposed loop is the best outcome for our mately $10,000 from every tax paying person in the state. City, and to contemplate whether there may be a more efficient Marion highlighted that very few projects are cancelled once and logical way of improving the existing transport network in announced (although one key exception comes to mind), and that the state. announcements without a funding commitment are more likely to result in budget overruns. The attitude of ‘build it and they will come?’ generally does not instil a sense of confidence in the strategic justification Four key points of Marion’s discussion were: for any project. Public transport is critical to a growing city of 1. Convenience of the car is difficult to shift Melbourne’s size and complexity, however this seminar import- antly challenged us all to consider whether the proposed loop 2. The alignment on the proposed rail is not generally in areas of is in fact the project that Victoria needs, and whether it will best job growth serve the needs of our growing city. The boldness of the idea is to 3. The project is not useful to regional commuters be commended, although a full business case, analysis and cost 4. Dubious outcomes generally occur from a dubious process benefit study should be undertaken prior to commitments being made regarding cost, location and timing of delivery. Darren Rudd from the City of Darebin encouraged and challenged all Councils to engage with the process and to influence and So whilst there may indeed be 50 billion reasons why this project advocate for the best outcome possible. In situations like this it is should go ahead, yet there may also be 50 billion reasons why it important to not be passive, to put the effort into understanding should not. what is proposed and what can be done to improve the project Rachel is a Senior Town Planner at Tract Consultants with a for the best outcome. wide range of experience in strategic and statutory planning The City of Darebin previously undertook independent research projects and a particular interest in transport and education. to inform themselves on the options regarding Skyrail, in order

Anna Batters, Jordan Green, Anne Murrell, Lissa Van Camp David Ballock, Stuart Valentine, Emily Young, Lina Inglis, Martin Kropiewnicki

VPELA Revue March 2019 / 27 The Business Heritage fabricated

VC148 and the Heritage Overlay Jim Gardn’r , GJM Heritage

Planning Scheme Amendment VC148 has introduced some of the most significant changes to the Victoria Planning Provisions since the New Format Planning Scheme was introduced in the 1990s. While VC148 amends many parts of the VPPs, its impact on the Heritage Overlay is one of the more profound, particularly in the way it seeks to bring state and local planning policy together.

Amendment VC148 will see state and local heritage policy simpified – within the new Planning Policy Framework. This change will help ensure that state policy is given the appropriate weight rather than being considered generic guidance that is often viewed as subservient to the specific local heritage policy by planners and heritage consultants alike. Being able to read down the state and local heritage policy in a single clause will also reduce repetition and will ensure that inconsistency between local and state policy is avoided. While Clause 15.03- 1S, as amended, only includes a state-wide policy, it would potentially be useful for regionally based policy to be introduced Strategy. While seldom containing specific policy, a number of that acknowledges the differences in heritage character between metropolitan Melbourne and regional Victoria, or MSSs contain de facto heritage policy (particularly where there which recognises the heritage character of particular areas – for is no specific local policy at Clause 22) which can be problematic example the Central Victorian Goldfields, the Alpine region or when trying to apply the heritage provisions of a planning scheme. the Western District. I see these changes assisting both applicants (in preparing a In addition, the often motherhood-statement laden sections permit application for works within a Heritage Overlay) and within the Municipal Strategic Statement (MSS) that describe decision makers in assessing those applications. The integration the heritage attributes of an area are likely to be removed or of - often overly complex or repetitive - local heritage policy into substantially edited as these sections of planning schemes Clause 15.03 may prove challenging and will take some time and are redrafted to become the more succinct Municipal Planning require political and financial commitment from councils. For instance, a number of local policies have been recently reviewed and implemented (for example Boorondara and Stonnington), are currently before Panel (Melbourne’s Amendment C258), or are currently progressing through Council consideration. These Councils, having invested tens of thousands of dollars and Would you like to advertise hundreds of hours of staff time rewriting their heritage policies, your business in the now need to commence a further review. VPELA Newsletter? The most significant changes to the operation of the Heritage Overlay become evident in the revised format of the Schedule to Clause 43.01. While superficially similar, the new schedule Do you have a job removes the column headed “Name of Incorporated Plan under you need to fill? Clause 43.01-3” and introduces the ability to list Incorporated Plans as well as Application Requirements, Statements of If you are interested in placing an advertisement Significance and Heritage Design Guidelines under each place in the VPELA newsletter or advertising a entry within the schedule table. Any document listed is required position on our website employment section, to be incorporated at Clause 72.04 of the planning scheme. please contact the VPELA office on 9813 2801 Requiring the incorporation of statements of significance at A full schedule of advertising costs is available Clause 72.04 (as opposed to the widely used practice of including on our website www.vpela.org.au these as a reference document to the heritage policy) should ensure that statements of significance are given greater weight in permit decision-making. The weight given to the statements

28 / VPELA Revue March 2019 of significance retained as reference documents (which are which would seem counter-productive. If instead, fine-grained, now referred to as ‘background documents’) rather than site-specific guidance is intended there is a potential for heritage translated into incorporated documents is unclear until more amendments that seek to include places in the Heritage Overlay comprehensively tested through council decisions and review by to become more complex and contested as future design VCAT. Having said that, many existing statements of significance, considerations for each place get drawn into a consideration of particularly those dating from the early heritage studies of the significance (disrupting the well-established practice in heritage 1970s and ‘80s, may not provide particularly useful guidance that assessment of separating the identification of significance from will inform decision making. its management).

Over time as more statements of significance are incorporated The revised version of PPN1 reiterates the importance of upload- (potentially along with Application Requirements, Incorporated ing statements of significance in the Heritage Victoria-managed Plans and Heritage Design Guidelines) the already long Schedules HERMES database and making these available through the to the Heritage Overlay will become increasingly unwieldy, Victorian Heritage Database. This becomes even more critical particularly in pdf form. For instance, the City of Melbourne’s given the need to ensure that incorporated documents are Schedule to Clause 43.01 currently runs to 94 pages in length and readily accessible to property owners, decision-makers, consult- this will increase dramatically once the title of each incorporated ants and the broader community. For the first time PPN1 document is added under the name and location of the heritage provides a standardised template for statements of significance place. Similarly, the extensive – but not universal - application of to be incorporated into the planning scheme, which is a positive the incorporated plan Planning Permit Exemptions (Lovell Chen, inclusion – particularly where it notes the name of the heritage July 2014) to heritage places within the City of Yarra will mean study from which the statement of significance is derived, a substantial increase in the physical length of the currently 69- ensuring a clear link back to the broader contextual analysis page schedule as this document is noted under each relevant supporting the inclusion of the place in the Heritage Overlay. It entry. The ‘digital first’ philosophy within VC148 will need to be would also be beneficial to include the relevant planning scheme implemented through improved technology and information amendment number (as is done with updates to the Significant delivery to provide efficient access to the increased heritage Landscape Overlay, for example) to enable easy reference back information incorporated into planning schemes. to relevant Panel reports and other supporting documentation exhibited as part of the amendment. Under VC148 reference documents will become ‘Background Documents’. Clause 72.08 states that Background Documents Heritage studies that are currently in preparation or that are do not form part of the planning scheme and this status will be going through the amendment process will also need to have particularly appropriate for external policy such as the Australia their statements of significance incorporated into the scheme as ICOMOS Burra Charter or other strategic documents that part of the application of the Heritage Overlay, which may require might inform heritage decision making such as local character a degree of rework from heritage consultants and councils. statements or thematic environmental histories. The form of the heritage provisions of planning schemes has been While the role and function of statements of significance and substantially changed through VC148, as have many other policy incorporated plans are well understood, the purpose of ‘Heritage areas within the Victoria Planning Provisions. The amalgamation Design Guidelines’ is less clear. The state and local policy at of state and local policy is, in my view, a positive step that will Clause 15.03 will provide guidance to owners, developers and simplify both the preparation and assessment of planning statutory decision makers, but how this policy interacts with permits triggered by the Heritage Overlay. These changes ‘Heritage Design Guidelines’ prepared for a precinct or individual should also help ensure appropriate weight is given to the, often heritage place is not currently well defined beyond the guidance neglected, state policy at Clause 15.03-1S. Likewise, greater provided at Clause 43.01-6 and the updated Planning Practice clarity around what should be an Incorporated Documents and Note 1: Applying the Heritage Overlay (August 2018) (PPN1). If it what should be a Background Document is welcomed. is intended that, for example, the City of Stonnington’s Heritage Jim Gard’ner is an architect and director of heritage Design GuidelinesIMP012_VPELA (2017) 1-4 Page_Brand are to be notedComms_Update_10.10.18_300dpi.pdf here, this would involve 1 10/10/18 6:02 am identifying the name of the document under every place entry, consultancy GJM Heritage.

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VPELA Revue March 2019 / 29 The Business Environmental news and views

The evolving treatment of dry stone walls Michelle Knehans and Oona Nicolson, on development sites Ecology and Heritage Partners

Following official surveying of land by the Colonial government Many of these municipalities are undergoing unprecedented and the Land Act 1862, large squatter holdings were subdivided development. The protection of dry stone walls in Victoria is and land became available for smaller farmers. This occurred provided through a range of statutory mechanisms. There are shortly after the gold rush of the 1850s that saw many shepherds a small number of dry stone walls on the Victorian Heritage desert properties to try their luck in the goldfields. Register and are therefore subject to the Heritage Act 2017, however, these are usually listed in association with a broader The increase in smaller landholdings created the need for registered place such as a homestead. fencing to manage stock and define property boundaries. Under the Land Act 1862, there was a requirement to ‘improve’ the land Heritage protection by cultivation, establishment of a residence, or by fencing. In The Victorian Heritage Inventory (VHI) is a list of all known nineteenth century rural Victoria, the most common forms of historical (non-Indigenous) archaeological sites in Victoria, fencing included dry stone walls, post and rail, hedges, ditches regulated by the Heritage Act 2017. While many dry stone walls or combinations of these. have been included on the Inventory in the past, it is now In regions where there was a plentiful supply of stone, such the accepted that dry stone walls are built structures rather than vast basalt plains to the north and west of Melbourne, dry stone archaeological places. Accordingly, most dry stone walls have been de-listed from the Inventory. walls were erected – many of the most technically impressive examples dating to the 1860s-70s. In addition to the primary Statutory protection for dry stone walls is provided under Clause function of stock separation and/or boundary definition, dry 52.33 (Particular Provisions) of local planning schemes for the stone walling provided a secondary benefit of allowing for the local government municipalities with dry stone walls, provided removal of stone from paddocks and providing a convenient and that the walls are listed in the schedule to this clause. In useful way of storing the collected stone. accordance with this clause, a permit is required to demolish, remove or alter a dry stone wall constructed before 1940. A link with our heritage Some local governments also have a local planning policy Dry stone walls and stone lined landscape features provide a specifically addressing dry stone walls. These include the Cities direct link to historic rural land use and add to the visual inter- of Melton, Wyndham and Whittlesea. Melton’s policy has the est and identity of our cultural landscape. There are 21 local advantage of being based on a rigorous and comprehensive dry government municipalities in Victoria with dry stone walls; stone wall study prepared in 2011, and those walls that were Ballarat, Baw Baw, Colac Otway, Corangamite, Glenelg, Golden found to be locally significant have been added to the schedule of Plains, Greater Geelong, Hepburn, Hobsons Bay, Hume, Macedon the Heritage Overlay. A heritage permit is required to remove or Ranges, Melton, Moonee Valley, Moorabool, Mt Alexander, damage any of the walls with a Heritage Overlay. The objectives Moyne, Nillumbik, Southern Grampians, Whittlesea, Wyndham, of these policies are to encourage the conservation and repair and Yarra Ranges. of dry stone walls and generally discourage their demolition. They encourage reuse, retention and recycling of the walls and seek to ensure that new development is sympathetic and seeks to enhance and conserve the walls where possible. As a result, councils are requiring that dry stone walls be assessed in a ‘conditions report’ and that a management plan be prepared to address potential impacts and guide in the ongoing conservation and reconstruction of sections of walls if required.

Dry stone walls may also be afforded some protection inPrecinct Structure Plans (PSP), which are incorporated documents to local government planning schemes that outline the planning and development framework for land which is located within Melbourne’s Growth Corridor. Recording the significance The methodology used for recording and assessing the cultural heritage significance of dry stone walls is continuously evolving. Dry stone wall located in the northern Melbourne growth area

30 / VPELA Revue March 2019 Traditionally, the construction technique of each wall or network through time for changes in condition or for storage in historical of walls is examined by a suitably qualified heritage professional records. The use of drone technology provides further utility in to determine the degree of preservation, that is, how intact the enabling efficient and autonomous capture of artefacts ona walls are structurally, whether there is evidence of ‘hearting’, landscape scale. Spatial data collection has become extremely ‘plugging’ and ‘coping’ stones; how many stone courses exist, accurate with the use of drone and sensor technology and many how consistent the building technique appears, and whether heritage bodies including councils are adopting this technology original fence posts and wiring is extant. The HERCON criteria to better document the location, context, condition and spatial are used for the assessment of the heritage value of drystone geometry of assets. walls to determine whether they meet State or local thresholds of cultural heritage significance. Michelle Knehans is a Senior Heritage Advisor, Oona Nicolson is Director/Principal Heritage Advisor New survey technologies are emerging to allow for more at Ecology Heritage Partners comprehensive and efficient documentation of drystone walls. LIDAR (light imaging detection and ranging) is a surveying method that measures distance to a target by illuminating the SAVE THE DATE! target with pulsed laser light and measuring the reflected pulses with a sensor. Differences in laser return times and wavelengths can then be used to make digital 3-D representations of the target. This technology is more cost-effective at a regional scale, VPELA’s State as attested by municipalities like the City of Whittlesea. Planning Conference Another survey technique increasingly being employed by some heritage professionals utilises unmanned ‘drones’. Drones “If I could, I would change this…” are utilised for visual inspections, producing accurate and 29 & 30 August 2019 high-resolution 3D aerial maps and photographic documentation Mantra at Lorne of walls. The program for this exciting event is currently being developed. We promise a great range of industry and out of industry speakers, The technology employs the principals of laser scanning and covering a range of topics important to the industry. photogrammetry to capture heritage assets in 3D and reconstruct Watch out for further details through the Update. them within a virtual space. These assets can then be tracked

Welcome to our new members…

Tim Berger South Gippsland Shire Council Elle Harrington SJB Planning Shelley Black Tract Consultants Luana Johnston Whiteman Property and Associates Gayle Brenchley Open Backyards Stephanie Kovacevic VicRoads Trisha Brice EPA Victoria Kierra Krumdieck Maddocks Verity Bright City of Greater Geelong Nick Legoe Keen Planning Sophie Coissieux Hansen Partnership Pty Ltd Jennifer Lim Taylors Alison Crowther Victorian Government Tony Luo Victorian Planning Authority Solicitor’s Office Alexander Meachem Russell Kennedy Lawyers Luke Denham-Preston Nicole Neame Jacobs Lisa Driscoll Dominion Property Group Pty Ltd Lily Neilson Rail Projects Victoria Liz Drury Scaled Ecology Mimi Nuciforo Glen Eira City Council Alistair Dunlop Glen Eira City Council Alex Nunn Urbis William Eduardo Whiteman Property and Associates Alister Oldham Savills Clarice Egan Environmental Resources Alison Orwin Glen Eira City Council Management Fatemeh Rashidifar ERM Pty Ltd Mitchell Etherton City of Greater Geelong Nick Robins Taylors Dylan Gilbert Orbit Solutions Bethany Rote Plan A Planning Kait Goudge Jacobs Group James Small Urbis Pty Ltd Joe Grech Human Habitats Kirsten Sugden White & Case Madeleine Grimes Glen Eira City Council Isobell Vescovi SJB Planning Campbell Gullock SJB Planning Callum Wanliss Hays Specialist Recruitment Chloe Hall Russell Kennedy Lawyers Paul Wood Glen Eira City Council Phoebe Hanna Glen Eira City Council

VPELA Revue March 2019 / 31 People Vale Ian Marsden (1935 – 2018) Stuart Morris QC

In November last year former VCAT Ian’s decisions are still quoted today. member, Ian Marsden, passed away An example is Rowcliffe v Stonnington, after a long illness. Many of us will where Ian emphasised that the mere remember Ian with affection and visibility of a new building was not a admiration. reason for refusal, which has been cited more than 100 times. Ian Marsden was a great decision maker. Fiercely independent, Ian was never intimidated by senior counsel or The beneficiaries of Ian’s rare skill aggressive parties. He knew how to in decision making included the engage with the parties in a warm, yet City of Doncaster and Templestowe, efficient manner. One of his favourite the Planning Appeals Board, the phrases was: “You have many good Local Government Commission, the points, but I don’t think this is one of Administrative Appeals Tribunal of them. I suggest we go to one of your Victoria and the VCAT. stronger points.”

When the Planning Appeals Board The passing of Ian Marsden is an was formed in 1982, the initial apt time to reflect on what makes appointments followed the model a good decision maker, particularly of hearings before a panel of three: when it comes to planning decisions. a lawyer, a planner or engineer, Obviously, knowledge, intelligence and a person with business or and integrity are essential: attributes local government experience. Ian, that Ian had in spades. But what Ian who was appointed on the basis of brought to the table was an ability his local government experience, to identify what mattered – the quickly adapted to the role and was key factors that would point to one soon one of the most knowledgeable decision or another. members of the tribunal. Ian decried the growing practice of “check-list” decision making, In 1983 I joined Ian as a member of the Planning Appeals Board sometimes also known as a “tick the box” assessment. This form and I saw first-hand why he was such a good decision maker: of assessment is logically flawed as it assumes that all the boxes preparation, intelligence, people skills, and a sense of urgency. are relevant or, if relevant, important. The approach is also flawed because it assumes that the planning consideration in each of In 1985 Ian was a member of the Local Government Commission, the boxes is an independent variable: whereas, in fact, there is charged with reforming the structure of the then 210 councils in often a tension between different planning considerations, a Victoria. It was a tough gig, as opposition to reform was strong tension that a good decision maker will need to resolve. and entrenched. We remember Ian Marsden for his charm and sharp wit. We What I loved about Ian was how he could engage at so many remember him for his enormous contribution to planning deci- levels: intellectual, emotional, strategic. Although we shared sion making in Victoria. We take inspiration from his example. In so many objectives when it came to local government reform this era of ever-increasing specialisation, we hail a generalist; a and planning outcomes, we often differed on the means to the man versed in life; a man who had skin in the game; a man who end. He probably thought of me as being a Whitlam inspired, could sort the wheat from the chaff; a man who could see the “crash through, or crash”, sort of guy. Sometimes I thought his point; a true decision maker. approach was a little indirect. But every time we benefitted from sharing out thoughts, thrashing the matter out, and coming on Stuart Morris QC is a leader in planning and environment law, a plan. with over 35 years experience. Between April 2003 and May 2007 Stuart was a Justice of the Supreme Court of Victoria. Ian Marsden’s career at the Planning Appeals Board and the During most of this period he was also President of the Victorian Administrative Appeals Tribunal blossomed with the gradual Civil and Administrative Tribunal. evolution of decision making based on principles. This was enhanced in 1983 by the publication of the PAB Reports (now the Victorian Planning Reports), which Ian founded and funded.

32 / VPELA Revue March 2019 The Business 2018 Moot Court The do’s and don’ts Sonja van Nieuwenhoven, Senior Facilitated Development Officer, Casey City Council

Once again, the 2018 Moot Court has been a useful tool providing which test the witness’ evidence and persuade the tribunal professionals with the skills of how to effectively prepare and whether to believe it or not. present cases before the tribunals of either VCAT or Planning Panels Victoria. As stated by Adrian Finanzio SC, “the exercise As the expert witness, it is important when answering questions of the skill is always richer when you understand what you are to preserve the reliability of your own evidence and to not focus doing”. Professionals take on the role of either an advocate or an on beating the advocate. This can be done through listening expert witness, enabling them to build persuasive arguments and carefully to the question you are obligated as a witness to administer cross examinations, or endure a cross examination, answer, and only answer the question you have been asked; respectively. The obligation of the advocate is to persuade the not asking or answering your own question/s. This includes tribunal on the correctness of their argument, as opposed to the not making obvious concessions, not reluctantly answering or avoiding questions as you may seem apprehensive. expert witness, whose role it is as an independent to present the relevant facts and assist the tribunal through arriving at a reliable It is also important whether you are an advocate or expert conclusion. As quoted by Steve Jobs, “deciding what not to do is witness to be persuasive through both your verbal and body as important as deciding what to do”; let’s review just some of language, confidence, reputation, integrity and knowledge of the do’s and don’ts when preparing and presenting cases. subject matter. Whichever discipline you are in or experience you have, I encourage you all to nominate to participate in this year’s As the advocate, it is important to engage and interact with the 2019 Moot Court. Expressions of interest are open soon, don’t tribunal; whether it be verbally emphasizing parts of your written miss out on this opportunity! submission and not just reading it out, or making the judgement call to choose a certain argument over another argument to On behalf of this year’s participants, I would like to thank our minimise the risk of the tribunal being influenced by a potentially organisers, Tamara Brezzi from Norton Rose Fulbright, Carlo weaker argument. Making the judgement call about what your Morello from Traffix Group, and Lisa Stubbs from Contour; best points will be, and the prioritisation of these points is critical our VCAT members, Michael Deidun, Michelle Blackburn, to the structuring of a good argument. A variation of short Alison Glynn, Katherine Paterson and Karina Shpigel; and our sentences, simple words and verbal expression are all used in presenters, Adrian Finanzio SC, Nicholas Tweedie SC and Emma highlighting your argument and identifying the critical issues you Peppler from Victorian Bar. I would also like thank our sponsors, want to convey to the tribunal. Ecology and Heritage Partners and Gaden Lawyers.

When cross examining an opponent’s expert witness, it is Sonja is a senior statutory planning officer at Casey City important to do the following: ask leading, simple and single Council and a member of VPELA YPG Committee. She has a proposition questions to keep the witness on track, structure strong interest in VCAT advocacy with specialist expertise in questions for concessions, and obtain consecutive concessions, the field of bushfire urban planning.

VPELA Revue March 2019 / 33 The Business Sound bites Sleeping through Victoria’s big build Edward Griffen, Consultant, Marshall Day Acoustics

Q. What would send you to sleep if it wasn’t so noisy? A: A tunnel boring machine!

Over the next decade there will be a number of major construction projects occurring as part of Victoria’s big build such as; the West Gate Tunnel, Melbourne Metro, Airport Rail Link, North East Link and the Suburban Rail Loop.

The West Gate tunnel project will use 2 tunnel boring machines called Bella and Vida and the Metro Tunnel will use 4 yet to be named boring machines. These are large projects which will have significant construction time frames with activities occurring in densely populated areas. To expedite the construction of these projects and minimise traffic disruption, construction may need to occur outside of normal business hours. Noise and vibration from construction could therefore impact many residents and businesses.

A balance needs to be reached between the temporary and sometimes significant impacts on residential amenity and the greater long term community good from allowing the construc- tion of new infrastructure.

In some cases the ‘right’ balance may be allowing noise to be well above levels normally suitable for residential amenity, because it allows essential infrastructure to be built, and the duration of the exposure might be significantly reduced if brief periods of very noisy activities are allowed. areas would be unable to meet this requirement. The night-time criteria is considered suitable when applied to standard building The control of construction noise projects that can be completed within 1-3 years if restricted to daytime working hours. There are no specific laws or Victorian SEPPs which sets manda- tory limits for noise from construction activities associated with Large infrastructure projects such as the Melbourne Metro are major projects. The Victorian EPA has published the following projected to take 10 years to complete, based on tunnelling and guidelines to assist in the control of construction noise: other ancillary works occurring 24 hours per day, 7 days per week. The application of the EPA 1254 night-time criterion of • EPA Noise Control Guidelines Publication 1254 (EPA 1254) inaudibility would certainly achieve a suitable residential amenity • Environmental Guidelines for Major Construction Sites, EPA for affected residents but may not allow construction works Victoria, Publication 480 (1996) to occur at night resulting in much longer construction time frames. EPA 1254 is widely used for construction noise management but has some limitations when applied to major infrastructure There is an allowance within EPA 1254 for night-time works to projects especially in regard to allowing night-time works to occur if they are defined as “unavoidable” works but there are no occur. The guideline nominates allowable daytime work hours guidelines to assess what would constitute “unavoidable” work when noise limits do not apply, provides limits and hours for and also no quantifiable noise limit for such works is provided. weekend/evening works and states that if works occur at night, noise must be inaudible within residential premises (with EPA Publication 480 provides general commentary of operating windows open). hours, use of vehicles and equipment, control of traffic to the construction site, noise abatement measures and control Guidelines for best practice measures including community of vibration. It is by no means a comprehensive guide to the consultation and noise reduction techniques are also provided. management of construction noise.

The EPA 1254 night-time noise criterion is particularly stringent Other guidelines often referenced and used to develop construc- and most night-time construction works occurring in residential tion management plans include:

34 / VPELA Revue March 2019 • Noise Guidelines – Construction and Maintenance Works, In some instances, it is also critical to have alternative measures VicRoads Technical Guidelines, VicRoads (2009) and compensation schemes available. In some instances, it may • Australian Standard AS2436:2010: Guide to noise control on be possible to relocate affected residents for certain time periods construction, maintenance and demolition sites. or offer acoustic upgrades to dwellings such as double glazing. • Melbourne City Council (MCC) Noise and Vibration Manage- ment Guidelines The management of construction noise requires the implemen- • NSW Department of Environment and Climate Change Interim tation of an appropriate and comprehensive noise management Construction noise guideline July 2009 plan before construction takes place. Detailed work and • NSW Transport for NSW (TfNSW) Construction Noise Strategy equipment schedules can be used for noise predictions to provide 7TP-ST-157/4.0 May 2018 indications of times when noise is likely to be approaching or exceeding relevant thresholds. This information can be used to The MCC and NSW documents are comprehensive documents explore possible mitigation methods and identify critical times providing methods for qualitative assessment and strategies to when community notification/engagement will be required. control noise. Real time noise monitoring during construction times may assist in confirming actual construction noise levels from each Perhaps the ideal construction noise guideline would place stage of activity. less emphasis on pass/fail noise limits and more emphasis on methods to practically reduce the impact. Is it possible to create The light at the end of the tunnel incentives for reducing duration of construction works? As construction activities are always going to be noisy, would it be Many of the projects included in the ambitious big build program preferable to complete the works as quickly as possible, even if come with ‘social license’ where the local community and other that means it being a little bit noisier? Would a better approach stakeholders approve of the project and can recognise the to construction management include incentives for construction ultimate greater good. teams to genuinely think about how they can reduce the In these cases, some individuals may be more tolerant to the disruption rather than just meeting a target level? disruptions including the noise aspect. However, it will be It is our understanding that the Victorian EPA is currently review- important not to take such social license for granted. The ing the guidelines for construction noise but the content and development and implementation of a comprehensive and release date of the revised guideline is unknown. responsible construction noise management plan will go a long way in helping affected residents maintain a suitable residential Managing construction noise noise amenity and enjoy a good nights rest as well as maintaining the social license. Along with best practice measures of using low noise equipment, scheduling of noisy works during least sensitive time periods So, over the next decade, have a listen for Bella and Vida and the and the use of appropriate acoustic barriers, the successful 4 other TBM’s performing their ground-breaking work. Hopefully management of construction noise must include adequate you won’t be able to hear them. and ongoing community consultation, notification processes and complaint resolution procedures. Attitudes to noise is Edward is a consultant based in Marshall Day’s Melbourne highly subjective and influenced by many factors including the Office. He graduated with a Bachelor of Mechanical and relationship and level of trust between the community and the Sustainable Energy Engineering from the University construction team. In particular, the community perception of of Adelaide in 2015 and is part of the Marshall Day whether the construction team has taken all reasonable steps to environmental team. Edward is also a member of the control noise will affect community reaction. VPELA YPG Committee.

VPELA Revue March 2019 / 35 The Fast Lane with Henry Turnbull Exciting changes in the Henry Turnbull, traffic engineering landscape Director, Traffix Group

There are a number of significant changes in the traffic managed as the projects have actually been implemented with engineering landscape as a result of upgrades to the vehicle general community acceptance more common. fleet, statutory changes and infrastructure. Some of these impact us now while others are still in the future. Skyrail has other benefits in that it creates a large amount of open space beside and under the railway structures which can Electric and hybrid cars be used for various community purposes. One major benefit is the provision of parking for railway patrons to extend the reach of While currently, electric and hybrid/electric cars only make up the railway network. a very small part of the overall passenger car vehicle fleet, it is extremely likely that this will change in the future. Unfortunately, the walkable catchment for rail is said to be 800m (although 1.2km is a more reasonable distance), and it seems The rapidly reducing cost of batteries in particular will bring the that most cars in some railway carparks belong to those who live price of electric vehicles down. Running an electric car is very cost effective and once community attitudes change, a strong within the walkable catchment! market can be expected. Increasing use of Car Stackers So, what does this mean for traffic engineers? Clearly, recharging sites are required for long distance trips for purely electric Recently, there has been an increase in the reliance on car vehicles, but I do not have any confidence that manufacturers stackers to meet all or part of the parking requirement for will be able to agree on a standard battery pack that will make a residential and office developments. There are numerous battery switch over a reality. Therefore, they will need to rely on stacker systems and providers, but not all are suitable. “rapid-charge” technology. When looking to use stackers in a project, one should have On the other hand, cheaper and lighter batteries mean that most regard to: electric cars will not need to recharge during the day and will • the provision of sufficient head height clearance at the entry be able to be charged via a standard domestic electrical outlet level (generally at least 2m) as this is the clearance needed for overnight “at home”. the driver to enter and leave the vehicle, While there is no issue with providing a charging outlet in a • the width of the stacker platform/space. Some stacker spaces standard domestic garage, many existing residential apartment are very narrow and do not meet current parking standards. buildings do not cater for recharging. If we are to encourage • the provision for door opening. Some stacker systems have electric cars, we should ensure that recharge facilities are structural elements adjacent to car doors positions which will included (or able to be included) in residential basement car- necessitate additional platform widths, and parks for example. This could be as simple as providing an • the need for increased aisle widths if approaching the stacker electric outlet above each car space. Doing this as part of the units at 90 degrees to allow for the narrow car platform, and construction would ensure that the electrical wiring and infra- the need for longer spaces and safety gates with pit stackers. structure (perhaps separate metering) within the building is sufficiently robust to allow for the potential electrical load in Stackers are a valuable resource for increasing the parking the future. supply in existing and non-standard situations. They are suited for long-term employee and resident parking and there is a Support for Skyrail requirement for training in their use. However, they are not suited to short-term (BnB) residential parking. The overall The removal of railway level crossings is an obvious part of ease of operation and access (usability) of the stacker system is improving the transport network. The main benefits are: paramount because the purpose is to garage vehicles - not only • safety as a result of removing the road/rail conflict point, to satisfy a statutory requirement! • increasing the cross road capacity by as much as 50% by not having to stop at a crossing, and Autonomous Vehicles • allowing additional rail services as there is now no boom While Australia seems to be lagging behind the European and barrier time limitation. North American experience with autonomous vehicles (AV), it is Use of SkyRail has caused anguish among some local residents more rather than less likely that there will be some penetration with worries about increased noise and the possible unsightly into our road system by these vehicles in the not too distant nature of the structures. These concerns seem to have been well future. To take advantage of the use of AVs, we will need to make some changes to our thinking as traffic engineers.

36 / VPELA Revue March 2019 • Blue-tooth technology which can already be used to track Therefore, the wheel loads will always be in the same place vehicles (by recognising the driver’s mobile phone) and which is not current design methodology which allows for monitor travel times may need to be included to “talk” to the the vehicle to travel generally within the lane which does not AV about road sign messages or speed limits in addition to the concentrate the load but rather, spreads the load over several AV’s optical character recognition technology. tyre widths. • Arterial roads will need to have in-built communication networks so that real-time traffic congestion data is available Work to allow the implementation of these changes and design to downstream vehicles so that they can take alternative less requirements should be happening now. congested routes. Henry Turnbull is Principal Consultant with the • Truck routes will need to use strengthened pavements. AVs Traffix Group and a former President of VPELA. will be programmed to drive in the centre of the lane: exactly!

Young Professionals Group Ideas for the future

Mitchell Purcell, Town Planner, Spiire

Twenty-eighteen (2018) was yet another successful year for With a number of new additions and ideas, the group hopes to the Young Professional Group with a number of well attended continue its legacy of holding engaging, informative and fun events held across the year. The Group facilitated events ranging events. This year, we are hoping to facilitate the following: from discussions surrounding career progression and work/life balance, through to exploring how consultation can be improved • VPELA Seminars: designed to expand our members’ know- to ensure the best outcomes for the community. ledge and understanding of planning issues, delivered through-out the year; A number of informal events were also held including the annual • The Young Professional’s Master Class Series: Focussing Speed Networking, Nexus Ball and end of year function which on personal skills that are essential in today’s professional provides a platform for young professionals to build valuable environment; * industry connections. • The Nexus Ball to be held in October/November; and * • Our annual YPG end of year function. This year sees a transition in the committee membership, with Eliza Minney assisting James Dear as co-convenor and a We look forward to seeing you at our next event! number of established contributors opting to ‘pass the baton’.

YOUNG PROFESSIONALS $5000 Grant Proudly sponsored by VPELA is pleased to invite applications for the VPELA Young Professional’s AWARD Award for 2019. This highly prestigious award is open to VPELA members 2019 between the age of 18-35, who have been members of the Association for at least 12 months. The Award includes a trophy and cash grant of $5000 to support the recipient in undertaking independent research (domestic or international), or a course of study related to their industry, as well as Applications close 12th April 2019 opportunity to speak at our Fellows Dinner in 2020. For details of qualifying criteria and an application form please contact Jane Power, VPELA secretariat on 9813 2801 or download them from the awards section on our website www.vpela.org.au Thanks to our sponsor Beveridge Williams

VPELA Revue March 2019 / 37 YPG YPG Committee 2019

James Dear is a senior engineer with bout- ment approvals and the coordination of multi-disciplinary expert ique traffic, transport and waste consultancy teams. Outside of the office, Jarryd is an avid surfer and a One Mile Grid. James has played a lead role in passionate Hawthorn supporter. delivering projects ranging from townhouses through hospitals and windfarms, and Mitchell Purcell is a Town Planner at Spiire developed a number of structure plans and and enjoys being a part of a multi-disciplinary precinct plans across Victoria. He is a pass- team. During his time at Spiire, Mitch has ionate advocate for sustainable transport and is excited about worked on a range of projects across the playing a role in solving Melbourne’s transport challenges over greenfield, industrial and commercial the coming years. James spends a significant proportion of his market. Mitch has a particularly strong time away from work in lycra or in cafés, sometimes concurrently. interest in affordable housing and how the Eliza Minney is an Associate in the Planning Planning Scheme can better implement mechanisms to drive and Environment team at Best Hooper this. Outside of office hours, you’ll find Mitch having a kick at Lawyers. She works on a range of planning Strathmore Football Club. and environmental matters and particularly enjoys the strategy and negotiation aspects Vincent Pham is a Senior Town Planner at of her practice. Outside of work Eliza enjoys David Lock Associates. Owing to his quali- trying new restaurants and cafes. fications in both architecture and planning, Vincent is particularly passionate about Hubert Algie is a planning and environment advocating for positive urban design and built lawyer at Kellehers Australia. Hubert is a form outcomes through statutory planning strong negotiator, mediator and advocate. process and mechanisms within the built He teaches mediation and negotiation at environment. He assists in providing planning and urban design an International Summer School on ADR at advice across a diversity of projects across all scales throughout Humboldt University, Berlin. In 2018, he was Victoria. Outside of work, Vincent enjoys a good burger with appointed a sessional tutor at Melbourne mates, and is always on the lookout for new burger restaurants University in Planning Law and Statutory in Melbourne and Victoria to add to his list. Planning. He is a past winner of the VPELA Young Professional Award. Beyond work you will find Hubert playing footy at West Brunswick Amateur Football Club or out taking photos. Sonja Van Nieuwenhoven is a senior statutory planning officer in local government with Georgia Banks is a Senior Town Planner previous private consulting experience. She at Tract Consultants and has experience in has strong interests in VCAT advocacy and both urban and regional settings, as well is passionate about facilitating development as local government. Georgia works on a that delivers positive outcomes for the future range of projects including assisting DELWP of Victoria. Sonja also has specialist expertise with the Smart Planning reform program, in the field of bushfire urban planning and is looking forward to and working closely with Development her third year on the VPELA YPG Committee. Outside of business Victoria on a number of Greenfield projects. She’s passionate hours, Sonja enjoys social events, ballroom dancing, travelling about development which improves the daily experience of the and weekend getaways. community and which contributes to a more sustainable way of living. Georgia is taking seven months away from her desk to travel Chile, USA, Canada and Mexico in 2019. She hopes to Sandy Pok is a town planner at Spiire. She share her observations with the VPELA community. is involved in a diverse range of planning projects, including residential, commercial Jarryd Gray is a lawyer in the planning and and industrial developments within infill, environment team at Minter Ellison. Prior regional and growth areas across Victoria. to commencing legal practice, he worked Outside of work, she is a gym-goer and a for five years as a consultant town planner keen foodie. She also loves travelling, and and holds bachelor’s degrees in both law and always plans her travels around food. She is also in the UDIA urban planning and development. Jarryd Women in Property Committee for 2018-2020. has a particularly strong interest in develop-

38 / VPELA Revue March 2019 Jack Chiodo is a second year member of the Isobell Vescovi is a Senior Planner at SJB YPG Committee and is the Appeals Advisor in Planning, having joined the firm in 2015. the Statutory Planning team at Manningham Isobell has experience spanning across the City Council, where he has worked for public and private sector. Isobell has worked the previous five years. A town planner by on an extensive range of commercial, resi- trade, Jack has experience dealing with dential and mixed-use developments. applications from rural land uses through to She is outcome driven and is passionate apartment developments (and everything in between!). Jack is about innovative, sustainable design and community building. particularly interested in integrated planning concepts and has Outside of planning, Isobell enjoys exploring Victoria and travel- a growing passion for the more legislative side of the industry. ling internationally, keeping fit and mastering her cooking Outside of planning, Jack enjoys being social, staying active, skills. Isobell looks forward to contributing to the VPELA YPG drinking fine scotch and working as many Simpsons quotes as Committee in 2019. possible into everyday life. Jennifer Lim is a Town Planner at Taylors and enjoys working in a multi-disciplinary team. Branwell Travers is a Transport Planner She is passionate about delivering compre- at MRCagney. Branwell has worked on a hensive planning outcomes at all scales, variety of land-use and transport projects from dual-occupancies to large greenfield ranging from established suburban and developments that foster a com-munity. rural settlements through to major urban She is delighted when her projects come to renewal areas. Branwell is passionate about life. Jennifer is also interested in understanding other industry fostering well connected, vibrant and live- standards and requirements, and how they influence planning able places through planning outcomes. He has a particular decisions and outcomes such as child care centres, medical understanding of the role land-use planning plays in influencing centres and pharmacies. Outside of work, Jennifer enjoys road transport outcomes and is passionate about giving people better trips, travelling and eating her way around the world. She looks and more sustainable travel choices. Outside of work Branwell forward to her first year on the YPG committee. enjoys running and is trying to learn Spanish. Lina Inglis is a Traffic Engineer at Ratio Con- Daniel Milder is a Traffic Engineer at Traffix sultants, with a broad range of experience, Group with 5 years’ experience. He has a including traffic modelling of mixed use significant experience in a large range of precincts and large residential estates, land use developments from small scale analysis of large data sets, and assisting residential developments to shopping centre in the preparation of VCAT expert evidence developments in regional locations. Outside statements for a variety of development of work Daniel enjoys going to the football to types. In her spare time Lina enjoys getting creative and painting support Carlton, playing indoor soccer, rock climbing, and skiing on canvases, and has also been a volunteer with Girl Guides for in the winter months. the last several years, enjoying camping and planning fun (but challenging) activities. Edward Griffen is an acoustic consultant Taryn Sobel is a consultant in the planning at Marshall Day Acoustics. He has worked team at Urbis, having previously worked at on a variety of projects including live music ERM. During her five years in the private venues, residential/commercial develop- sector, Taryn has been involved in a diverse ments, quarries/landfills, and wind/solar range of complex developments including farms. Ed has a keen interest in improving large and medium scale residential and the acoustic environment through smart mixed use developments and education design and innovative solutions. On the weekends, Ed enjoys facilities. Taryn’s passion for planning has led her to a particular finding a new café and getting out of the city exploring regional interest in VCAT and she has assisted in several cases over the Victoria in his campervan. years. Outside of work Taryn enjoys spending time with her family and friends and has blind faith that Carlton will someday Harriett Noall is an Urbanist in planning make finals footy again. and land use economics at Ethos Urban. Harriett has been involved in the delivery of a wide variety of strategic planning projects Thanks to our YPG sponsors specialising in housing strategies, green wedge management plans and precinct structure plans across Victoria and interstate. Harriett has a keen interest in the smart cities movement and the land use implications it will have on our cities. Outside the office, Harriett enjoys seeing live music with friends at Melbourne’s many amazing live music venues and travelling.

VPELA Revue March 2019 / 39 Summer Drinks

VPELA – A MULTI-DISCIPLINARY PROFESSIONAL ASSOCIATION Established in 1989, the Association holds regular seminars, social events and a conference annually. It also reviews legislation, provides high level advice to PO Box 1291 Government and makes submissions to all aspects of land use planning. If you Camberwell 3124, 9813 2801 have any questions or are interested in joining the Association, contact Jane www.vpela.org au Power, Executive Officer.