GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PERMIT APPLICATION PLN004/00389
PANEL REPORT
OCTOBER 2005 GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PERMIT APPLICATION PLN004/00389
PANEL REPORT
DAVID FETTERPLACE, CHAIR
BOB EVANS, MEMBER
OCTOBER 2005 TABLE OF CONTENTS
1. SUMMARY...... 1
2. WHAT IS PROPOSED? ...... 3 2.1 THE SUBJECT SITE AND SURROUNDS ...... 3 2.2 NATURE OF THE PROPOSAL ...... 3 2.3 THE AMENDMENT ...... 3 2.4 THE PLANNING PERMIT ...... 5
3. STRATEGIC & STATUTORY CONTEXT...... 6 3.1 STRATEGIC PLANNING FRAMEWORK...... 6 3.1.1 Legislated Principles...... 6 3.1.2 SPPF ...... 6 3.1.3 Metropolitan Strategy...... 7 3.1.4 LPPF ...... 9 3.1.5 Other Policy Headings ...... 10 3.2 STATUTORY PLANNING FRAMEWORK...... 10 3.2.1 Zones ...... 10 3.2.2 Overlays ...... 11 3.2.3 Particular & Other Provisions...... 11
4. ISSUES ...... 12 4.1 NATURE OF SUBMISSIONS ...... 12 4.1.1 Responsible Authority...... 12 4.1.2 Proponent (Jayco) ...... 12 4.1.3 Referral & Service Authorities ...... 13 4.1.4 Submitters...... 13 4.2 ISSUES IDENTIFIED BY THE PANEL ...... 14 4.3 REVISED PLANS ...... 15
5. THE AMENDMENT IS PREMATURE ...... 16 5.1 STRATEGIC PLANNING BASIS FOR THE AMENDMENT ...... 16 5.2 THE NEED FOR A STRUCTURE PLAN FOR THE SITE AND SURROUNDING AREA ...... 17 5.3 AVAILABILITY OF ALTERNATIVE SITES ...... 19
6. LAND NOT SUITABLE FOR PROPOSED DEVELOPMENT...... 21 6.1 LAND IS SUSCEPTIBLE TO FLOODING...... 21 6.1.1 Proposed Flood Management Works ...... 21 6.1.2 Existing Site Conditions in Relation to Flooding ...... 21 6.1.3 Flood Control Requirements ...... 22 6.1.4 Site Development Proposals...... 22 6.1.5 Issues and Concerns re Flooding...... 23 6.2 PROXIMITY TO INCOMPATIBLE USES ...... 24 6.3 LOSS OF GREEN WEDGE AREA...... 25 6.4 LOCAL AMENITY IMPACTS...... 26
7. TRAFFIC MANAGEMENT AND ACCESS ISSUES ...... 27 7.1 BACKGROUND...... 27 7.1.1 Regional Road Network...... 27 7.1.2 Proposed Local Road Network...... 28 7.2 THE JAYCO ROAD PROPOSALS ...... 28 7.2.1 Jayco’s Initial Road Proposals ...... 28 7.2.2 Jayco’s Final Road Proposals...... 30 7.2.3 Other Access Issues...... 31
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 7.3 FINDINGS AND RECOMMENDATIONS ...... 33
8. PERMIT CONDITIONS...... 35 8.1 EXHIBITED DRAFT PERMIT & PLANS ...... 35 8.2 PERMITTED DEVELOPMENT ...... 36 8.3 CONDITION 1...... 36 8.4 CONDITION 3...... 36 8.5 SUBDIVISION ...... 37 8.6 CONDITION 25 (VICROADS)...... 38 8.7 OTHER CONDITIONS SOUGHT BY REFERRAL BODIES...... 41 8.7.1 Department for Victorian Communities (Aboriginal Affairs Victoria)...... 41 8.7.2 Environment Protection Authority ...... 42 8.7.3 Melbourne Water...... 42 8.7.4 Department of Sustainability and Environment ...... 43 8.8 FINDINGS & RECOMMENDATIONS...... 43
9. OTHER ISSUES...... 52 9.1 NOTIFICATION – STATUTORY PROCESSES ...... 52 9.2 ADVERSE POSSESSION CLAIM ...... 52 9.3 PREPARATORY SITE WORKS ...... 53
10. CONCLUSIONS ...... 54 10.1 INTEGRATED ASSESSMENT ...... 54 10.2 CONCLUSIONS...... 55
11. RECOMMENDATIONS...... 56
APPENDICES
A. THE PANEL PROCESS THE PANEL HEARINGS, DIRECTIONS AND INSPECTIONS SUBMISSIONS
B. STRATEGIC ASSESSMENT GUIDELINES
C. PANEL’S DIRECTIONS C1 – PANEL’S DIRECTIONS DATED 23 JUNE 2005 C2 – PANEL’S DIRECTIONS DATED 17 AUGUST 2005
D. FINAL REVISED PLANS REVISED PLANS (VERSION 10, SEE SECTION 8.1 FOR DETAILS) SUBMITTED ON TH BEHALF OF JAYCO TO THE PANEL ON 24 AUGUST 2005 AS THE BASIS FOR THE ISSUE OF PLANNING PERMIT 04/0389.
E. RECOMMENDED PERMIT
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 1
1. SUMMARY
Proposal
Amendment C50 to the City of Greater Dandenong Planning Scheme provides for the rezoning from Rural Zone to Industrial 1 Zone, approximately 42 ha of land located at 449-523 Dandenong – Frankston Road (Dandenong Valley Highway), Lyndhurst.
A planning permit application PLN 04/0389 has been exhibited concurrently with the proposed amendment. The application provides for the establishment of a consolidated industrial complex for the manufacture and service of caravans and ancillary products by Jayco Caravan Manufacturing.
The Subject Land
The subject land is flat, unused rural land on the southern side of the Eastern Contour Drain and on the east side of Dandenong – Frankston Road. Rural uses generally exist around the site although the Willow Lodge Mobile Home Village is to the north of the Eastern Contour Drain on the western side of Dandenong – Frankston Road... The site has a frontage of approximately 600 metres to Dandenong – Frankston Road, which is an important arterial road currently carrying on average at peak hours, 2200 – 2300 vph. The Eastlink tollway is under construction to the west of Dandenong – Frankston Road.
The proposal has included a detailed traffic assessment, cultural heritage assessment of the site, the preparation of a storm water management strategy and a services assessment.
Submissions and Issues
Two submissions were received opposing the amendment and one submission supported the amendment. Several service authorities or government departments commented on the proposed amendment and either did not object or proposed conditions for inclusion in the permit.
The primary issues raised in the submissions and considered by the Panel in the context of the hearings were: The amendment is premature as the strategic planning basis for the site and surrounding area has not been resolved and no need has been demonstrated; The land is not suitable for the development due primarily to storm water flooding constraints and local impacts; The proposal adversely impacts on the Green Wedge area in this locality; The need for strategic planning of the area to be resolved raises a range of issues in relation to road provision on the site and traffic management.; and
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 2
A number of conditions in the permit require clarification in order to provide certainty, particularly in relation to the development contributions requirements imposed.
Planning Policy
In November 2003 the State Government relocated the Urban Growth Boundary in this locality in recognition of the need to provide additional industrial land in the Dandenong South area. Council and the Department of Sustainability and Environment are jointly sponsoring the preparation of a Structure Plan, Development Contributions Plan and Planning Scheme Amendment which will implement the detail of the Government’s decision. This work was well advanced at the commencement of the Panel hearing and exhibition is now imminent.
The SPPF, particularly Clauses 12 and 17 provide strategic support for this amendment. The MSS and LPPF currently in the planning scheme support the principles of economic development, sound environmental management, high quality urban design and integrated transport planning. A number of current provisions of the LPPF are yet to be updated to reflect the Government’s decision in relation to the Urban Growth Boundary.
The Panel considers however that the intent of the strategic decisions taken in relation to Metropolitan development and the future of this locality support the proposed amendment.
Conclusions and Recommendations
The Panel has considered all the submissions referred to it and all the material presented at the hearings and has reached the following conclusions: The rezoning of the subject land to Industrial 1 is supported by Metropolitan Development policy; There is a need for additional Industrial zoned land in this locality identified by the Government and in relation to the particular requirements of the proponent; Strategic planning for the Dandenong South Industrial Extension Area is sufficiently advanced to ensure that the development proposed and in particular the provision of a suitable road network on the site can be effectively integrated into the future development of this area; The land is suitable for the proposed development and storm water can be managed on the site; The revised site layout plan developed during the course of the hearing satisfactorily addresses the broader strategic planning issues and also the local site development issues; and Potential adverse off-site impacts are not matters of major significance and can be managed effectively by appropriate conditions on the permit.
The Panel recommends: Amendment C50 is adopted as exhibited; and Planning Permit 04/0389 be granted subject to a number of modifications and additions to the content and conditions in the exhibited draft permit.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 3
2. WHAT IS PROPOSED?
2.1 THE SUBJECT SITE AND SURROUNDS
The subject land is located at 449-523 Frankston-Dandenong Road, Lyndhurst and comprises Lots 3, 4 and 14 on PS 10630, Vol 8844 Fol 075. The site contains 42.4 hectares and is located on the eastern side of Dandenong – Frankston Road (also known as the Dandenong Valley Highway, DVH) with a frontage to that road of approximately 600 metres and a depth of approximately 700 metres. The Eastern Contour Drain abuts the site to the north and part of its eastern boundary.
The site is generally flat, but drains to the north and contains poor quality pasture with stands of melaleucas along some fence lines.
Rural uses generally exist around the site. Notable nearby uses include: Market gardening to the north of the Eastern Contour Drain; Willow Lodge Mobile Home Village to the north west (also north of the Eastern Contour Drain); and Flower growing (under plastic) opposite the site.
2.2 NATURE OF THE PROPOSAL
A planning scheme amendment and a concurrent planning permit application are proposed to facilitate the establishment of a consolidated industrial complex for the manufacture of caravans and ancillary products by Jayco Caravan Manufacturing (Jayco).
The proposed development comprises industrial/warehouse buildings, administration and sales buildings, storage buildings and areas, support services, car parking areas and landscaping. A master plan has been prepared for the site and the planning permit will facilitate the stage 1 development.
2.3 THE AMENDMENT
Amendment C50 proposes to rezone the subject land from Rural Zone to Industrial 1 Zone to enable a planning permit to be issued for the development of the land for the purpose of industrial/warehouse buildings and ancillary uses with associated car parking and landscaping.
See Plan 1 following:
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 4
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 5 2.4 THE PLANNING PERMIT
Permit application PLN004/00389, as exhibited, provides for:
(1) Development of the land for the purpose of industrial/warehouse buildings, with associated car parking and landscaping;
(2) Development and use of the land for the purpose of Motor Vehicle Hire;
(3) Development of the land for the purpose of a Motor Repairs building;
(4) Creation of access to a road in a Road Zone Category 1; and
(5) A reduction in the car parking requirements pursuant to Clause 52.06 of the Greater Dandenong Planning Scheme.
Detailed plans of the proposed development were exhibited as part of the planning permit application.
The combined amendment/permit was placed on exhibition from 15th November to 20th December 2004. Three public notices were placed on site, land owners and occupiers around the site were notified, and relevant Referral Authorities and others were provided notice in accordance with the provisions of the Planning & Environment Act 1987 and relevant regulations. Notice of the amendment/permit application was published in three local newspapers and the Government Gazette.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 6
3. STRATEGIC & STATUTORY CONTEXT
3.1 STRATEGIC PLANNING FRAMEWORK
This section identifies the existing strategic context within which issues associated with Greater Dandenong Amendment C50 must be considered.
The relevant documents that provide the context for considering Greater Dandenong C50 are as follows: Planning & Environment Act 1987; the State Planning Policy Framework (SPPF); Metropolitan Strategy – Melbourne 2030; and Greater Dandenong Planning Scheme – Local Planning Policy Framework (LPPF).
The relevant policies are briefly summarised below.
3.1.1 LEGISLATED PRINCIPLES
The Planning & Environment Act 1987 sets out the following legislated principles:
Section 12(1) of the Act requires a planning authority to implement the objectives of the Act.
Section 12(2) requires that planning authorities must have regard to the Minister’s Directions, the Victoria Planning Provisions and any MSS or policy that forms part of the Scheme.
Section 12(2) also requires that planning authorities must take into account any significant effects on the environment and may take into account the social and economic effects of the amendment.
Ministers Direction’s 9 (Metropolitan Strategy) and 11 (Strategic Assessment of Amendments) are relevant to this amendment and are discussed in Appendix B.
3.1.2 SPPF
Clause 12 of the SPPF provides for Metropolitan Development. This clause was introduced into the planning scheme on 22 September 2005 and incorporates the strategic policy of Melbourne 2030 into all planning schemes. The relevant matters in relation to Metropolitan Development are identified in Section 3.1.3.
Clause 17.03 provides for Industry:
The objective of this clause is:
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 7
To ensure the availability of land for industry and to facilitate the sustainable development and operation of industry and research and development activity.
Implementation of this policy includes: Planning authorities should zone land for industrial development in urban growth areas where good access for employees and freight transport is available and where appropriate buffer areas can be provided between the proposed industrial land and nearby sensitive uses.
In addition, Clauses 11.03-5 Infrastructure, 11.03-5 Economic Well-being, 14.02 Metropolitan Development, 15.01 Protection of catchments, waterways and groundwater and 18.01 Declared highways, railways and tramways are relevant to this amendment.
3.1.3 METROPOLITAN STRATEGY
The relevant provisions of Clause 12 of the SPPF include the following:
Clause 12.02 provides for ‘Better management of metropolitan growth.’ Objective To locate metropolitan growth close to transport corridors and services and provide efficient and effective infrastructure to create benefits for sustainability while protecting primary production, major sources of raw materials and valued environmental areas. Strategies include: Establish an urban growth boundary to set clear limits to Metropolitan Melbourne’s urban development by: Defining the urban area of Metropolitan Melbourne with an urban growth boundary to manage outward expansion, to facilitate achievement of a compact city, to protect non-urban areas and to ensure ready access to infrastructure in the key transport corridors. Protecting the continued rural use of land within the urban growth boundary until conversion to urban use is required and the extension of urban services is approved as part of the sequencing of development. Manage the sequence of development in growth areas so that services are available from early in the life of new communities by: Ensuring that new land is released in growth areas in a timely fashion to facilitate coordinated and cost effective provision of local and regional infrastructure. Requiring new development to make a financial contribution to the provision of infrastructure such as public facilities, public transport and roads.
Clause 12.04 provides for ‘A more prosperous city.’
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 8
Objective To create a strong and innovative economy. Strategies include: Maintain access to productive natural resources and an adequate supply of well-located land for energy generation, infrastructure and industry by: Providing an adequate supply of industrial land in appropriate locations including sufficient stocks of large sites for strategic investment. Concentrating industrial development in locations near road and rail freight networks.
Clause 12.07 provides for ‘A greener city.’ Objective To minimise impacts on the environment to create a sustainable path for future growth and development. Strategies include: Reduce the impact of stormwater on bays and catchments by: Supporting integrated planning of stormwater quality through a mix of on-site measures and developer contributions. Incorporating water-sensitive urban design techniques into developments …
Clause 12.08 provides for ‘Better transport links.’ Objective To create a more sustainable transport system by integrating land-use and transport. Strategies include: Plan urban development to make jobs and community services more accessible by: Coordinating improvements to public transport, walking and cycling networks with ongoing development and redevelopment of the urban area. Providing routing, bus stop and interchange arrangements for public transport arrangements in new development areas. Manage the road system to achieve integration, choice and balance by developing an efficient and safe network and making the most of existing infrastructure. Give more priority to walking and cycling in planning urban development and in managing the road system and neighbourhoods.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 9
3.1.4 LPPF
The LPPF contains the Municipal Strategic Statement (MSS) and local planning policies. The MSS (Clause 21) recognises the role and importance of sustainable economic development. Clause 21.04 details the objectives and strategies to implement the MSS.
Clause 21.04-2 provides for Industrial development:
Objectives include: To provide certainty and direction for ongoing private sector investment … . To provide a wide range of employment opportunities in the industrial sector of the municipal economy. To increase the rate of industrial growth. To improve the community perception of the industrial image of Greater Dandenong.
Strategies to achieve those objectives include: Providing a diversity of locational opportunities for all types of industrial activity, including those enterprises which combine manufacturing with general office activities, and bulky goods outlets. Emphasising urban design and landscaping in the assessment of permit applications for buildings and works in industrial and commercial areas. Identifying land with drainage and flood constraints and ensuring that development responds to these constraints.
Clause 21.04-8 provides for Traffic and transport:
Objectives include: To ensure the transport needs of the local community are addressed in a manner that minimises air pollution, reduces stress and provides for safe vehicle, pedestrian and bicycle movement. To facilitate the development and management of effective transport networks which focus on measures to enhance economic development and local environmental amenity while improving safety, access and mobility for all users. To encourage increased use of public transport.
Strategies to achieve those objectives include: Facilitating the development of major road infrastructure projects to improve the existing network for road users with emphasis on the movement of bicycles, people and pedestrians. Identifying land with drainage and flood constraints and ensuring development responds to these constraints.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 10
3.1.5 OTHER POLICY HEADINGS
Clause 22.03 provides for Urban Design in Commercial and Industrial Areas.
Objectives include: To improve the appearance of all commercial and industrial areas, and particularly development along main roads and gateways. To provide urban design solutions which respond to the type of road and the speed of the traffic using the road.
The policy provides matters to be taken into account in the design of commercial and industrial estates including: site analysis, road layout, interface with other uses, built form (particularly along main roads), setbacks, storage areas and landscaping (particularly along main roads).
3.2 STATUTORY PLANNING FRAMEWORK
3.2.1 ZONES
The Rural Zone provides for agriculture and associated activities. Its purposes are: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide for the sustainable use of the land for Extensive animal husbandry (including dairying and grazing) and Crop raising (including Horticulture and Timber production). To encourage: An integrated approach to land management. Protection and creation of an effective rural infrastructure and land resource. Improvement of existing agricultural techniques. Protection and enhancement of the bio-diversity of the area. Value adding to agricultural products at source. Promotion of economic development compatible with rural activities. Development with new sustainable rural enterprises. To ensure that subdivision promotes effective land management practices and infrastructure provision.
While the proposed use and development may be permitted under this zone, the proposed use and development is not expressly encouraged or a core component of the zone intent and the current zone does not provide long term certainty for a complex of this nature. Given the relocation of the Urban Growth Boundary, this zone may no longer be appropriate in the longer term.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 11
Under Amendment C50 the proposal for the Industrial 1 Zone to be applied to the site provides for manufacturing industry, storage and the distribution of goods.
The purposes of the Industrial 1 zone are: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To provide for manufacturing industry, the storage and distribution of goods and associated uses in a manner which does not affect the safety and amenity of local communities.
The change of zone also better reflects the inclusion of the subject land within the Urban Growth Boundary.
Dandenong-Frankston Road is contained within a Road Zone Category 1.
3.2.2 OVERLAYS
There are no Overlays that affect the subject land or are proposed under Amendment C50.
The Land Subject to Inundation Overlay affects the land that contains the Eastern Contour Drain abutting to the north and east (part) of the subject land.
3.2.3 PARTICULAR & OTHER PROVISIONS
The following Particular Provisions are relevant to the planning permit application:
Clause 52.06 – Car parking.
Clause 52.07 – Loading and unloading of vehicles.
Clause 52.17 – Native vegetation.
Clause 52.29 – Land adjacent to a Road Zone Category 1.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 12
4. ISSUES
4.1 NATURE OF SUBMISSIONS
4.1.1 RESPONSIBLE AUTHORITY
The City of Greater Dandenong provided a detailed written submission in support of the amendment and the planning permit application.
Relevant matters provided in its submission were: The State Government included the subject land within the Urban Growth Boundary (UGB) in November 2003; As a result of the relocation of the UGB a Structure Plan, Development Contributions Plan and Planning Scheme Amendment for the Dandenong South Industrial 1 area (containing the subject land) was commissioned and is nearing completion; The proposed amendment is consistent with State Planning Policy and Metropolitan Strategy – Melbourne 2030 and will assist in implementing Melbourne 2030; The proposed development will help to implement Council’s MSS, satisfies a number of strategic objectives and is consistent with the LPPF; Referral authorities did not oppose the amendment and their submissions related to planning permit conditions or related matters; There is no impediment to, or detriment caused by the rezoning and development of this land in advance of the completion of the structure plan for the area; and The concerns of submitters in relation to potential development impacts can be managed via conditions on the planning permit.
4.1.2 PROPONENT (JAYCO)
Detailed submissions were made by Mr Kraan on behalf of Jayco, including the provision of evidence by experts on storm water and flood management and traffic issues.
Relevant matters provided in the Jayco submission were: The site will enable the consolidation and integration of Jayco’s businesses in Dandenong currently conducted on five sites; There is a lack of suitable land for this purpose in the Dandenong area; The Urban Growth Boundary (UGB) re-location in November 2003 indicated the Government’s industrial vision for the land; The amendment and permit application: satisfy the objectives of State planning policies; are consistent with the policies of Melbourne 2030; satisfy the intent and specific content of relevant strategic objectives and policies in the MSS and LPPF;
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 13
Expert hydrological assessment indicates suitable storm water and drainage management arrangements can be made on the site; Expert traffic assessment indicates that satisfactory site access and egress arrangements can be provided in relation to the development and the proposed parking provision will be adequate; There are no cultural heritage issues on the site; and Service infrastructure can be extended to service the site as required.
Revised plans were provided to the Panel incorporating variations to the layout aimed at addressing various issues raised in the submissions and during the hearing.
The proponent’s original submission by KLM Gerner Consulting Group was provided to the Panel. The submission provided a detailed analysis of the site and the strategic planning context in support of the request. The material submitted also included the following technical reports: Surface Water Management Strategy, Neil M Craigie Pty Ltd; Traffic Impact Report, Ratio Consultants Pty Ltd; General Servicing Report, KLM Spatial; Cultural Heritage Investigation, Tardis Enterprises Pty Ltd;
4.1.3 REFERRAL & SERVICE AUTHORITIES
Referral authorities did not object to the rezoning or the planning permit application, but several of them required specific conditions to be included in the permit.
4.1.4 SUBMITTERS
The submitters opposing the amendment and the permit application raised the following matters: The land is flood prone; The proposed use is inappropriate in a rural area and it will contribute to the further reduction of the Green Wedge area; The siting is inappropriate having regard to nearby toxic uses; pollution impacts on the Green Wedge, nearby water bodies and the surrounding area and potential impacts on future residential development; Adverse impacts from increased traffic; Alternative sites should be considered; and The notification process was inadequate.
A submission on behalf of the property owners to the north of the site supporting the amendment was received.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 14
4.2 ISSUES IDENTIFIED BY THE PANEL
The submissions lodged prior to the Panel Hearing raised a number of issues concerning both the proposed amendment and the planning permit application. The material presented at the Panel Hearings related primarily to two issues – the layout of the development on the site and the relationship of the development on the site to the strategic planning proposals for the Dandenong South area.
The issues to be addressed by the Panel can be summarised as follows: Amendment is premature. - No strategic planning basis for amendment. - Availability of alternative sites. - Appropriateness of spot rezoning. - Strategic planning processes required in proximity to Urban Growth Boundary. - Need for a Structure Plan for area before rezoning. Traffic management and road issues. - Location for ‘superblock’ road access along Dandenong - Frankston Road to serve land to the east. - Planning to accommodate traffic volume from the east. - Arterial road intersection treatment and other traffic management details. - Access arrangements for others – bus, bicycle, pedestrians. - Car parking provision on the site. Land is not suitable for the proposed development. - Land is susceptible to flooding – suitability of proposed flood management works. - Proximity to residential uses. - Development will contribute to further loss of Green Wedge area. - Local amenity impacts – potential for chemical spills to waterways, noise and other pollutants. Uncertainty in relation to development conditions on the permit. - Need to provide for subdivision. - Uncertainty in relation to costs associated with the Development Contributions Plan. - Uncertainty in relation to plans in Condition 1. - Details of other conditions. Other issues - Statutory process – adequacy of notification. - Preparatory site works permit. - Adverse possession claim along northern boundary.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 15 4.3 REVISED PLANS
The plans submitted with the original permit application were a matter of detailed consideration by the Panel and several plans providing for variation to the exhibited plans were tabled during the hearing. Section 8.1 details the plans provided to the Panel by Jayco on 24th August 2005, which addressed many of the issues raised at the Panel hearing. These plans (described as Version 10 or V10 in Section 8.1) contain the following significant variations from the exhibited plans: The central site access road connecting with Dandenong – Frankston Road was modified to provide public road connections to land to the north, south and east of the site according to the proposed Structure Plan for the Dandenong South Industrial Extension Area; The whole of the Dandenong - Frankston Road frontage of the site was to provide for storm water flow retarding basins and wetland use to a distance of approximately 50 metres from the frontage in lieu of storm water retention ponds and water bodies previously located in various parts of the site; All building development, storage areas and car parking, sought for approval under the permit is confined to the part of the site to the north of the access road; and Four factories and an administration building are proposed to be developed on the northern (Stage 1) part of the site. The proposed development of a service station, restaurant/take away food, physio/doctors premises and gym have been deleted from the plans.
The Revised Plans are attached as Appendix D.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 16
5. THE AMENDMENT IS PREMATURE
5.1 STRATEGIC PLANNING BASIS FOR THE AMENDMENT
The SPPF seeks to ensure that the policies for Metropolitan Melbourne are implemented (Clause 12) and that sufficient land is available for industrial development (Clause 17.03).
Clause 12 incorporates the principles, objectives and strategies of Melbourne 2030. These matters include: Containing urban development within a defined urban growth boundary; Ensuring that sufficient industrial land supply is provided in a timely manner and according to sound infrastructure sequencing; Reducing impacts on the environment, particularly in relation to stormwater management; Integrating land use and transport by the development of an efficient transport network, access to public transport and provision for walking and cycling; Industrial land provision should be located near road and rail freight networks; and Development contributions are seen as an integral part of the means to provide infrastructure and innovative management of natural resources.
In relation to the industrial development objectives of Clause 17.03 planning authorities are directed to “zone land for industrial development in urban growth areas where good access for employees and freight transport is available and where appropriate buffer areas can be provided between the proposed industrial land and nearby sensitive land uses.”
The State Government has recognised the need for additional industrial land in the Dandenong South area and has relocated the Urban Growth Boundary to facilitate the rezoning process. The subject land is within the area identified for future industrial use and the issues to be considered in relation to this amendment relate to the suitability of this particular parcel of land and the timing of the amendment prior to the completion of strategic planning for the proposed expanded industrial area as a whole.
Council’s Strategic Framework Plan as presently contained in the planning scheme does not specifically include the subject land as an area for development as it refers to the original Urban Growth Boundary (UGB) – Clause 21.03-2. Similarly the detailed strategies and policies in Clauses 21.04 (Objectives – Strategies – Implementation) and Clause 22.02 (Green Wedge Local Planning Policy) are based on the former UGB. This amendment does not propose any change to these provisions which would be dealt with comprehensively in the future.
Following the State Government’s adjustment to the UGB, the Council (in conjunction with the Department of Sustainability and Environment) commissioned a study “to carry out an analysis, make recommendations and prepare plans for the staged
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 17
management and rezoning of an extension to the Dandenong South Industrial 1 area”. The outcomes of the study will be a Structure Plan, Development Contributions Plan, Planning Scheme Amendment and strategic implementation recommendations. The subject land is included within the Dandenong South Industrial 1 area extension (DSIAE). It is expected that a number of the present policy and plan anomalies in the LPPF in relation to this amendment as outlined above will be dealt with through this process.
Council provided the Panel with a copy of the draft Structure Plan for the DSIAE (in confidence).
The need for this amendment arises from the inability of Jayco to locate a large and suitable site upon which to consolidate its current business operations within areas appropriately zoned for that purpose within Dandenong. Jayco is the largest single employer in the City of Greater Dandenong. Jayco’s search for a new site commenced well before the amendment of the location of the Urban Growth Boundary in this locality.
Public submissions received to this amendment did not specifically concern whether or not the amendment should be approved in advance of the completion of strategic planning for this area. Submissions did however refer to encroachment into the ‘Green Wedge’ areas, impacts on future residential development and the possible location of the Jayco development elsewhere within the City of Greater Dandenong.
The need for and the timing of this amendment is implicit in some of these comments. These matters and the consequent resolution of the strategic planning framework for this area were key issues identified by the Panel and the subject of detailed discussions during the course of the hearing.
Findings & Conclusions
Rezoning of the land to Industrial 1 is consistent with the Statewide strategic planning intent for Metropolitan Development (Melbourne 2030) and Industrial development.
5.2 THE NEED FOR A STRUCTURE PLAN FOR THE SITE AND SURROUNDING AREA
Council’s written submission to the Panel stated: It must be noted that while the proponent advances that the site is independent of the rest of the structure plan area and can thus proceed on an independent basis there is no doubt that the site forms an integral part of the structure plan area. In its final form the structure plan may well have direct impact on the proponents site, including issues related to the scope and scale of developer contributions and points of access to and beyond the site as indicated above. (p.30)
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 18
Jayco’s written submission to the Panel stated: Rezoning of the subject land in advance of the above (DSIAE) study is appropriate in this case because the proposed development is a stand alone development that does not involve any land subdivision or creation of public roads. Furthermore, the subject land has direct frontage to Frankston-Dandenong Road and can be provided with all necessary services and infrastructure required for the proposed development. (p.35)
Council’s condition 3 in the exhibited permit that a Section 173 Agreement provide for infrastructure contributions was aimed at securing an appropriate contribution from Jayco ahead of development contributions that may be required for the area upon the resolution of the Structure Plan and Development Contributions Plan for the DSIAE.
The Panel accepts the strategic intent of Government in approving Amendment C53 in November 2003 was to provide for industrial development on the land between Dandenong-Frankston Road and the Western Port Highway, extending down to Glasscocks Road (Ref: Minister for Planning, Media Release, 18 November 2003). The current planning studies sponsored jointly with the Department of Sustainability and Environment are to provide planning controls to manage that development. Amending the zoning of the subject land is consistent with the Government’s intent for this area.
While amending the zone of the subject land consistent with the strategic planning intent for the site and surrounding area raises few issues, it became clear during the course of the hearing that contrary to the assertion by Jayco above, in order to deal with the planning permit application there needed to be certainty in relation to the principal road network for the area and the role that the subject land needed to play in the provision of access from Dandenong-Frankston Road to internal parts of the DSIAE. A related issue that needed to be resolved was the proponent’s responsibility for a portion of infrastructure development contributions required to serve the ultimate development of this area. This issue is discussed below and in Section 7 and Section 8.3.
These matters were the subject of various road development options and discussions involving Council, VicRoads and the proponent. The hearing was adjourned on two occasions to enable them to be progressed to a point of certainty between the parties. The Panel’s directions at each adjournment identified specific matters to be addressed. Concurrently work on the DSIAE structure plan was progressed by Council and its consultants.
Plans tabled by Mr Kraan at the hearing on 24th August 2005 (See Section 8.1) were acceptable to both VicRoads and Council. Council advised that its consultants conducting the DSIAE strategic planning had progressed their proposals for the Structure Plan and the Development Contributions Plan to a draft final position and Council had been briefed on those proposals. The Panel was advised by Mr Wood subsequent to the hearing that exhibition of the Structure Plan and DCP will occur in October 2005.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 19
The plans tabled provided a connection through the middle of the subject land from Dandenong-Frankston Road to an internal loop road that served other parts of the DSIAE. Jayco’s site development proposal was modified to accommodate the road.
In addition, Mr Wood advised the Panel that there had been detailed discussions between the proponent and Council in relation to infrastructure development contributions and agreement had been reached between the parties on a basis for those contributions. An amended permit condition (see Section 8.3) reflected the agreement reached.
Contrary to Mr Kraan’s initial submission to the Panel, public access through the site is a requirement to satisfy a suitable road network to service the area to Glasscocks Road. Subdivision and the creation of a public road reserve that provides for a connection with land to the east needs to be part of the approved development for the site. The Panel is satisfied that during the course of the hearing these matters were resolved to provide acceptable strategic planning outcomes and to the mutual satisfaction of the parties concerned directly.
In relation to the servicing of the site and the area and the intent of metropolitan policy to ensure that development proceeds on the basis of sound infrastructure sequencing the Panel notes that none of the servicing authorities have objected to the development. The servicing report submitted by KLM Spatial indicates all services can be readily connected to the site or are already available. The Panel concludes that the development of this site can be efficiently integrated into the servicing of the DSIAE area and will not prejudice the ultimate development of this area.
Findings & Conclusions
The preparation of a Structure Plan, Development Contributions Plan and Planning Scheme amendment, which is well advanced, will address apparent inconsistencies in relation to the proposed amendment and the present LPPF.
The Structure Plan for the DSIAE has progressed sufficiently to enable a development to be approved for the site that will satisfy the anticipated road access requirements of the future Structure Plan.
5.3 AVAILABILITY OF ALTERNATIVE SITES
Submissions suggested that alternative sites, already zoned for industry were available to meet Jayco’s development requirements.
Jayco is one of the largest employers in the City of Greater Dandenong. Its operations are spread over six sites. The Panel was advised that Jayco had also recently acquired a number of related businesses and wished to consolidate all of its operations onto a single site. Mr Kraan advised the Panel that Jayco had conducted an extensive search for a site that met its requirements. A report by KLM Gerner (May 2003) appraised five large sites which did not satisfy the siting or locational requirements specified by Jayco. Jayco also commissioned in August 2003, an Industrial Land Demand Assessment and Economic Impact report by Essential Economics. The report concluded there was a shortage of industrial land in Dandenong to reasonably meet forecasted growth and that modification of the UGB was necessary to meet the future
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 20 industrial land requirements in Dandenong. This report was submitted to the Minister in relation to the need to relocate the UGB. The UGB relocation was announced by the Government in November 2003.
Given the scale of the Jayco business operations in Dandenong, the Panel is satisfied that suitable alternative sites already within an Industrial 1 zone are not available.
Findings & Conclusions
The Panel concludes that the Amendment will satisfy a demonstrated need for additional industrial zoned land in the Dandenong South area and in particular Jayco’s need for a large single parcel of industrial zoned land to enable its businesses to be consolidated.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 21
6. LAND NOT SUITABLE FOR PROPOSED DEVELOPMENT
6.1 LAND IS SUSCEPTIBLE TO FLOODING
6.1.1 PROPOSED FLOOD MANAGEMENT WORKS
Background material and detailed assessments of stormwater and flooding issues is contained in reports prepared for the Proponent as follows: 449 Frankston-Dandenong Road Dandenong South, Surface Water Management Strategy by Neil M Craigie and Pat Condina, 3 May 2004, and 449 Frankston-Dandenong Road Dandenong South, Stormwater and Flooding Issues, Expert Witness Statement by Valerie Mag, June 2005.
Ms Mag’s report was essentially a peer review of the Craigie/Condina report and it also addressed issues and concerns raised by an Objector, Mr Alan Hood.
The details of the reports are not repeated in the following but rather the stormwater and flooding issues are summarised and the outcomes discussed. The issues and concerns of Mr Hood are also discussed in this context.
6.1.2 EXISTING SITE CONDITIONS IN RELATION TO FLOODING
The Jayco site area is 41.55ha with levels at the northern edge ranging from a low point of 7.4m AHD (Australian Height Datum) to a high of 8.35m. The property is protected from major flood flows within the Eastern Contour Drain (along the east and north edges of the site) by a high levee bank. While protecting the property from high flood flows, the levee results in local catchment flows being retained on site.
The adopted 100 year ARI flood level within the levee-banked contour drain is 8.7m AHD just upstream of the Frankston-Dandenong Road. Drainage from the site and its upstream catchment is directed to an existing 750mm diameter outfall pipe in the north-west corner of the site. When high level floods occur in the contour drain, the floodgate on the drainage pipe closes, retaining local stormwater on the site. The total catchment upstream of the outfall is 115ha of which 42ha or 37% is the Jayco site. Flooding of the site will commence when the level in the contour drain exceeds 7.4m (the site low-point level). The site retains flood water levels to 8.0m AHD. When this is exceeded, flood pondage extends to the south and south-east abutting properties and onto the edge of the shoulder of the south bound carriageway of the Dandenong- Frankston Road at 8.1m AHD. It should be noted however that flood levels are not excessive - only 5% of the site will be affected by flooding to a depth of 500-700mm in the 100year event.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 22
6.1.3 FLOOD CONTROL REQUIREMENTS
Melbourne Water Corporation has set out the requirements for surface water drainage of the site. These include: maintaining peak discharges to the 100 years ARI event; maintaining existing flood storage to be drained to the low point; managing the drainage from upstream land without detrimental impact to that land, discharge water quality to meet current best practice objectives; filling on the site is to buttress against the contour drain levee bank and raise the existing low points of the levee, and two 100 year ARI events are to be considered (the critical duration storm on the local catchment with free discharge into the contour drain and a 72 hour storm on the whole catchment with impeded discharge into the contour drain).
6.1.4 SITE DEVELOPMENT PROPOSALS
The Craigie/Condina report detailed a surface management strategy to address these conditions. They used the RORB Runoff Routing Program developed at Monash University. Ms Mag, in her review, agreed that this was an appropriate process. They conclude that provided the water levels within the property are about 100mm above the water level within the contour drain, outflow from the property into the contour drain will be maintained. No outflow from the site will only occur when flow in the contour drain peaks. Ms Mag concludes that whether the site is developed or not, the 750mm outlet pipe will be the control. As such, the flood level differences between the site and the contour drain during the design events should not vary to any degree and are expected to be the same magnitude both pre and post development.
The Craigie/Condina report assumed that the flood storage volume currently available within the Jayco land of 80,000 cubic metres would be maintained. Assuming the whole catchment (115ha) was developed with an impervious cover (buildings, roads etc) over 75% of the entire catchment then the total flood storage volume required would be 103,500 cubic metres (based on the Melbourne Water advice to allow 900 cubic metres per ha), the excess of 23,500 cubic metres would need to be retained on the upstream property to the south.
To maintain the 100 year ARI flood level to 8.1m AHD, then 80,000 cubic metres of active flood storage would be required on-site below 8.1m. This can be achieved by constructing a series of wet-basin areas with a normal level of 6.7m AHD, with enough volume available between that level and 8.1m AHD to contain the 80,000 cubic metres required. A similar treatment will be required to be put in place by the developers of the land to the south to accommodate 23,500 cubic metres of floodwaters as this land is developed.
The storage of flood water runoff as described will provide the opportunity to use the material from the pondage and flood retarding basins as fill to enable floor levels for all buildings on site to be at a minimum of 8.8m AHD, 100mm above the 100 year ARI flood level for the Eastern Contour Drain at the Dandenong-Frankston Road as per the requirements of Melbourne Water.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 23
On the other requirements of Melbourne Water, reinstating and reinforcing the existing Eastern Contour Drain levee will significantly improve flood protection of downstream properties. A permit condition needs to be added to implement this.
The development of the proposed wetlands will enable the quality of water discharged from the site to meet the required standards.
It should be noted that while the Panel accepts the principles spelt out in the Craigie/Condina Report, it acknowledges that the site plans have since changed. These now include wetlands and stormwater retarding basins along the Frankston- Dandenong Road frontage. As discussed by Ms Mag, these changes retain the flood management capabilities of the earlier plans prepared under the guidance of the Craigie/Condina Report and are therefore acceptable. As a result, it is noted that minor changes to Permit clause 28.3 and the sixth note attached to the permit will be required. It is also noted that the easement requirements in clause 28.4 should also include easements for the future pipelines connecting wetlands and retarding basins on adjacent sites to the retarding basins on the Jayco site.
6.1.5 ISSUES AND CONCERNS RE FLOODING
Mr Alan Hood raised a number of issues and concerns related to flooding. Mr Hood was concerned that the subject land was flood-prone and that development of the site would exacerbate this and related problems in surrounding areas and downstream of the site. He was particularly concerned about the impact of flooding on the Dandenong-Frankston Road. He produced a number of photographs and historical information about past flood events that were of considerable interest to the Panel and those presenting to the Panel.
His concerns have been addressed in detail by Ms Mag in her presentation and peer review of the Craigie/Condina report and have been carefully noted by the Panel.
The Panel acknowledges that his concerns about flooding of the Jayco site, the operation of the levee bank along the contour drain and the discharge of storm water from the Jayco site into the contour drain are relevant matters to be considered.
The matters discussed above cover the key issues raised by Mr Hood and the Panel believes that the response from Ms Mag clearly explains how these concerns have been addressed. The flood events that he has detailed (for example the event of 3 February 2005) demonstrate how the flood control system in the area copes reasonably within expectations and can be managed without undue or unexpected impact on property owners.
Findings & Conclusions
The Panel has considered the full range of submissions regarding the proposed flood management works and concludes that the proposals put forward adequately address the requirements of Melbourne Water and are therefore acceptable.
It is clear that the sustainable surface water management strategy for the site proposed in the Craigie/Condina report and supported by Ms Mag will meet the
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 24
water quality requirements. The further investigation of the use of water from the contour drain to enable water to be used on-site (for gardens etc) is encouraged.
It is also clear that the flood management strategy will not cause detrimental change to the impact of the flooding regime on upstream properties (to the south) or on downstream properties.
Observations by Council officers and locals on the level of flooding during the 2-3 February 2005 event confirm the analysis methodology and add confidence to the conclusions drawn regarding mitigation measures.
The Panel considers that the Surface Water Management Strategy set out in the Craigie/Condina Report as supported by Valerie Mag and shown on the final (revised) plans should be adopted as the basis for storm water management of the site and adjacent land.
Recommendations
In relation to these matters the Panel recommends:
The draft exhibited permit should be amended as follows:
Condition 26.3 to include the following “…in accordance with updated plans as per the revised proposals shown on the plans listed in condition 1.1, and in accordance with the principles included in the Neil Craigie Pty Ltd……” Condition 26.4 to include the following “….link pipelines including those proposed to link wetlands on neighbouring properties to the Jayco site wetlands are to be….” Insert an additional condition 26.12 “The existing Eastern Contour Drain southern levee is to be reinstated and reinforced along the northern boundary of the site.” Notes: the sixth note needs to be amended to include the following “The Stephen D’Andrea layout plans supplied with the application are to be updated in accordance with the plans listed in clause 1.1, and are to include link pipes as required between pondages as per the principles spelt out in the Neil M Craigie Pty Ltd report…….”
6.2 PROXIMITY TO INCOMPATIBLE USES
Written submissions argued that the development should not proceed due to its proximity to residential uses and future residential development.
The nearest Residential zoned land is approximately 3 km to the north-east on the eastern side of Dandenong – Hastings Road in the City of Casey. Existing uses in the area extending to Dandenong – Hastings Road are essentially rural but industrial uses are likely in the longer term with the extension of the Dandenong South area. The separation of the site from this existing and future residential area is substantial and local amenity impacts will need to be addressed in the rezoning and development of
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 25
the parts of the Dandenong South area that are in close proximity to Dandenong – Hastings Road.
The Willow Lodge Mobile Home Village to the north west of the site on the western side of Dandenong – Frankston Road is a substantial semi-permanent residential use. The land is within the Green Wedge zone, located to the north of the Eastern Contour Drain and is not opposite any part of the Jayco site frontage.
The revised Jayco layout plans tabled on 24th August 2005 provide for a wetland and retarding basin buffer 50 – 75 m wide abutting the Dandenong – Frankston Road frontage. The draft permit requires a landscape plan to be prepared, endorsed, implemented and maintained to Council’s satisfaction. The Jayco site entry is approximately 250 m from the Willow Lodge site and traffic light controlled. Other conditions require muted building finishes and control over emissions.
The Panel is satisfied that the layout of the proposed Jayco development, its location and proposed development conditions will limit the potential impacts of the development on the Willow Lodge site to acceptable levels. There is no additional residential development proposed in the vicinity of the site.
A submission argued also that the site would be affected by the “Lyndhurst Toxic Waste Dump”. An EPA licensed land fill operation is conducted on land on the east side of Taylor’s Road approximately 1 km to the north west of the site. Neither the EPA nor the land fill operator objected to the proposal and the Panel does not consider that this operation will adversely affect the proposal.
Findings & Conclusions
The Panel considers that the site is suitably located in relation to surrounding uses and that the interface issues are addressed in the plans submitted to the Panel.
6.3 LOSS OF GREEN WEDGE AREA
A number of submitters expressed concern at the incremental reduction of the ‘Green Wedge’ area. The comments largely related to the amenity provided by open rural areas and the expected adverse impacts of industrial, residential or other forms of development.
There was no expansion on the written comments at the Panel hearing and the Panel perceives these comments to relate partly to the suburban expansion of Dandenong into previously rural areas over an extended period of time and also to specific decisions taken by the Government in relation to the definition of the urban area.
The Panel notes that a planning permit application for the development could be lodged under the current zoning and approval of such a development may be perceived as part of the attrition of the Green Wedge area.
In actual circumstance, the adjustment of the original UGB has already been determined by Government. There is no additional impact proposed under this amendment on the current Green Wedge area as provided in the planning scheme.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 26
Findings & Conclusions
The amendment and the proposed development will not reduce the designated Green Wedge area as it is within the Urban Growth Boundary.
6.4 LOCAL AMENITY IMPACTS
Written submissions have expressed concern in relation to: Pollution from noise and fumes; Safety impacts due to increased traffic; and Potential for chemical spills into waterways.
The Panel was advised by Mr Kraan that the activities to be conducted by Jayco on the site under the proposed permit do not require a license from the EPA and that the activities were essentially the assembly of parts. There will be a minimal use of chemicals on the site and minimal opportunity to adversely affect surrounding areas through polluting off-site discharges to air, land or water.
Conditions on the permit deal with discharges and emissions, noise impacts, visual appearance, landscaping and waste management. The EPA has requested specific conditions in relation to land fill quality, waste disposal and sediment control. The Panel considers that the potential pollution impacts are addressed in the draft permit. and can be managed satisfactorily.
Dandenong – Frankston Road is a significant arterial road. The traffic assessment conducted by Ratio Consultants (see Section 7) indicated a current two way peak period traffic volume of 2200 – 2300 vph. Ratio estimated that the Stage 1 development sought for approval would result in an increase of approximately 20% in the two way volumes. The provision of a traffic light controlled intersection to the Jayco site will enable the turning movements to be managed safely and facilitate safer pedestrian crossing of a busy arterial road.
The Panel considers that the safety aspects associated with the increased traffic are addressed satisfactorily in the proposal.
Findings & Conclusions
Potential local amenity impacts are addressed satisfactorily by the revised plan submitted to the Panel and the conditions proposed to be included in the permit.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 27
7. TRAFFIC MANAGEMENT AND ACCESS ISSUES
7.1 BACKGROUND
7.1.1 REGIONAL ROAD NETWORK
The repositioning of the Urban Growth Boundary to Glasscocks Road allows for the eventual industrial development of the ‘super block’ as an extension to the Dandenong South Industrial Area. This extension is bounded by the Western Port Highway (Dandenong - Hastings Road) to the east, Bayliss Road, Taylors Road and Colemans Road to the north, the Dandenong Valley Highway (Dandenong - Frankston Road) to the west and Glasscocks Road to the south. The Jayco site is within this ‘super block’ and faces the Dandenong Valley Highway midway between Colemans and Glasscocks Roads.
The regional road network servicing the Dandenong South industrial area includes the following north-south arterial roads: Western Port Highway; Dandenong Valley Highway (DVH); and EastLink toll road (currently under construction).
East-west arterial roads include: Abbotts Road; Greens Road; and Dingley Arterial (currently under construction as part of the EastLink project).
Other key roads in the area that are planned as long term opportunities include Remington Drive/Taylors Road, to connect to the South Gippsland Freeway (and the Monash Freeway) via Pound Road. Colemans Road may also connect to the west via Bangholme Road which is planned to interchange with EastLink at a future date. To the south of the ‘super block’, Glasscocks Road is likely to be upgraded over time from the Dandenong Valley Highway to the east into the City of Casey as a result of the need to provide better linkages for journeys to work between the residential areas of Casey and jobs within Dandenong South.
The Dandenong Valley Highway is an important regional route providing a key arterial link between the Transit Cities of Dandenong and Frankston, and providing a direct connection between these and the growing Dandenong South industrial area. The Dandenong Valley Highway is currently a four lane divided road and, according to VicRoads, it could be widened to six lanes at a future date to cater for further growth. The need for and timing of this upgrading would depend to some degree on the capability of the EastLink project (which runs parallel to the Dandenong Valley Highway) to cater for future traffic growth in this corridor. Major controlled intersections along the Dandenong Valley Highway will be located at Colemans Road and Glasscocks Road.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 28
VicRoads postulates that a proliferation of access points, intersections and traffic signals along the Dandenong Valley Highway would lead to a deterioration in the safety and performance of this important arterial route, affecting both regional through traffic and overall accessibility to the expansion of the Dandenong South industrial area. As a result, VicRoads proposes that one major controlled intersection between Colemans Road and Glasscocks Road, with adequate capacity and a suitable form, would provide an appropriate balance between the regional through route function of the highway and the access needs of the southerly extension of the Dandenong South industrial area.
The Panel supports this view and is of the opinion that the proposed ‘super block’ will be well serviced by the major arterial road network.
7.1.2 PROPOSED LOCAL ROAD NETWORK
The structure plan under preparation by the Council is to be used as a basis for determining a proposed Development Contributions Scheme for the Dandenong South Industrial Area Extension.
The Council has consulted with VicRoads and has accepted that the road network within the ‘super block’ will have limited access points, with only one entry on the DVH between Colemans Road and Glasscocks Road (as detailed above). In order to provide for adequate traffic circulation within the ‘super block’, the Council proposes to develop an internal circuit road that will facilitate movement within the area and enable access to/from each of the external connections with the regional network for each of the developments within the block.
7.2 THE JAYCO ROAD PROPOSALS
7.2.1 JAYCO’S INITIAL ROAD PROPOSALS
As discussed in the following, the original proposal put forward by the proponent for a single (or major) and exclusive access point on the DVH into their development was not supported by the Council and VicRoads at the Panel hearing. An exclusive access point would effectively make the Jayco development a ‘gated’ industrial park with no access between it and neighbours within the ‘super block’. As only one entry/exit location was to be allowed on the DVH, this would also exclude access to the DVH by others within the ‘super block’.
The location of the major access point was a matter of much discussion between the Proponent, the Council, VicRoads and the Panel during the course of the hearing. The original proposal was for a centrally located access road for the exclusive use of the businesses to be located on the Jayco site. Also included were suggested slip roads leading into the property from the south bound (eastern) carriageway of the DVH.
The Traffic Impact Report prepared by Ratio Consultants Pty Ltd for the Proponent indicated that current peak traffic on the DVH was of the order of 2200 vph (2 Way, including about 1830 vph north-bound) during the morning peak hour and 2300 vph in the evening peak hour (including about 1780 vph south-bound). Traffic analysis for Stage 1 (Jayco alone) estimated 358 vph into the site from the north in the am peak
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 29
(reverse in the pm peak) and 89 vph from the south. For Stage 2 (full development of the Jayco site) these movements would increase to 560 vph and 140 vph respectively. For Stage 3 (development of sites to the south and east of the Jayco land), these movements would increase further to 840 vph and 270 vph respectively. A SIDRA model analysis was carried out to evaluate the performance of the intersection and to provide a basis for the configuration of lanes for turning movements and through traffic on the DVH. This analysis was accepted as a reasonable basis for the determination of intersection requirements discussed in the following paragraphs.
After discussion during the first two days of the hearing (21 and 22 June 2005) on access issues, it was agreed that the proposal would be amended to include the movement of traffic through the site by allowing others to use the intersection on the DVH. The proposed slip roads were to be deleted. Amended plans were to be prepared according to Directions made by the Panel (in writing) on 23 June 2005 (see Directions at Appendix C1). In summary, the Directions included instructions that: The design of the intersection with the DVH was to be amended according to the agreed function of the access road; Adequate provision was to be made for queuing of traffic to exit the ‘super block’, including sufficient distance to the first intersection within the site and an adequate number of traffic lanes; A suitable cross section of the access road and the dimensions of a suitable road reserve in the event that the road was to serve as a public road; The provision of a bus stop on the DVH (one for each direction); and The parties were to provide advice to the Panel on responsibilities for road and intersection treatments for Stage 1 of development of the site.
VicRoads was to provide advice on: The further expert evidence tabled by Mr Russell Fairlie of Ratio Consultants at the hearing (this related to traffic generation and parking requirements as well as access to the site and the internal road system); Further advice on the location and nature of access to the Jayco site from the DVH; and An explanation of the basis for limiting intersection provision along the eastern side of the DVH between Colemans Road and Glasscocks Road.
VicRoads responded on 7 July 2005. They confirmed that the traffic generation estimates prepared by Ratio Consultants were reasonable for each of the three stages envisaged, that is: Jayco Stage 1 would generate about 560 vph in peak periods; Stage 2, which adds development of the balance of the Jayco land, an additional 316vph for a total of 876vph; and Stage 3, the connection to the east to adjoining industrial estates (subject to future rezoning), a 50% increase on Stage 2, for a total of 1314vph.
VicRoads requested changes in accordance with VicRoads standards, to the layout of the intersection at the DVH and its approaches, so as to provide at least 100m along the access road between the first internal intersection and the stop-line on DVH, to provide indented bus stops on DVH and to ensure the design catered for B-Double turning movements. VicRoads also suggested that provision should be made to cater
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 30
for Stages 2 and 3 traffic by the later addition of a second right-turn lane into the site, a possible third north-bound lane on the DVH through the intersection and a third right turn exit lane from the site. They requested that the road reservation boundaries for the access road should allow for the additional lanes, a median, two entry lanes and a 2-lane roundabout at the first intersection within the Jayco site.
VicRoads also commented on the regional road network and the basis for limiting access to one point along the DVH between Colemans and Glasscocks Roads (see Section 7.1.1).
In response to the Panel’s directions and the VicRoads response, the Proponent returned to the reconvened Panel Hearing on 29th July 2005 with a revised proposal for the access road relocated along the south side of the Jayco property. It was agreed that this relocated road met the requirements of VicRoads, and that (apart from the approach to the DVH) it would generally straddle the boundary with the neighbouring property. The Proponent suggested that this would enable their Stage 1 development to proceed, with the highway access part of the access road to be built wholly within their property (from the DVH to the first internal intersection) together with the northern carriageway of the access road to the eastern boundary of their property. At Stage 3 (development beyond the Jayco site), the second carriageway would be built either by the southern neighbour or by the Council, to be funded by the general Developer Contribution Scheme for the wider area.
While this was generally agreed in principle to be a way to resolve the dilemma of locating the road to allow the most flexibility for the Proponent and to provide for the wider access function, the detail of administering the proposal could not be resolved until the Council had developed and costed an outline development plan for the ‘super block’ in sufficient detail to allow an agreement to be finalised between the Proponent and the Council on the Developer Contribution Scheme.
The Panel adjourned to 24th August 2005 to allow discussions to take place between the Council and the Proponent to address this issue. The Panel issued further Directions (17th August 2005, see Appendix C2 for details) which, in summary, requested the Proponent, Council and VicRoads to reach agreement on a final plan of the access road and the intersection with the DVH, to include a layout and a road reserve suitable for the accommodation of Stage 3 traffic and showing the details of the traffic management measures to be implemented for Stage 1. The Panel also directed the Council to provide advice on the means proposed to implement the future extension of the access road to serve the future industrial development to the east and south of the Jayco site. The earlier Directions (23rd June 2005) should also be addressed as still required.
7.2.2 JAYCO’S FINAL ROAD PROPOSALS
The Hearing reconvened on 24th August 2005 where the Proponent tabled a further option for consideration. The revised (final) plans are attached as Appendix D. This option returned the access road to the centre of the Jayco frontage to the DVH, to link with the proposed internal circuit road within the ‘super block’ to provide internal traffic circulation and as a link between the access points to/from the peripheral arterial road network. The circuit road is part of the structure plan for the ‘super block’ which will now go before the Council for ratification. The circuit road was
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 31
shown to be (in part) on the eastern-most portion of the Jayco site immediately west of the contour drain (which is the Jayco property boundary in this location).
The revised plans meet the requirements of the Panel’s Directions. A letter from VicRoads (dated 23rd August 2005) was received agreeing that the revised plans meet VicRoads requirements. VicRoads also suggested that, as a result of the inclusion of retarding ponds and wetlands along the DVH frontage, a 1metre plantation reserve should now be included along the highway frontage in lieu of the previous request for a 12 metre plantation. The relevant permit condition is to be amended accordingly. The provision of a suitable reservation for the possible additional lanes required for Stage 3 is satisfactory. The proposals for Stage 1 fit within the possible Stage 3 design.
The issue of traffic signal maintenance responsibility was raised by the proponent. The draft Permit Condition 27.8.1 requires payment to VicRoads for the cost and installation of the signals at the DVH intersection plus a predetermined cost of 10 years traffic signal maintenance. The Proponent has suggested this be reduced to 2 years. The Panel requested that this be referred to VicRoads and that a response be expedited to enable this condition to be resolved.
VicRoads advised Council by letter dated 3rd October 2005 of its position that development should not impose a financial burden on the State and as a consequence a 10 year maintenance period was appropriate. VicRoads suggested that it may be appropriate for the developer to be reimbursed by Council from the development contributions scheme for the area when it is resolved and implemented.
The Panel agrees with VicRoads position in this matter and suggests that Council give further consideration to this request by Jayco in finalising the Development Contributions Scheme and the future negotiations in relation to this development.
The Panel accepts the final revised design as tabled. (see Appendix D).
7.2.3 OTHER ACCESS ISSUES
Parking
Car parking requirements for the Stage 1 development proposal were addressed in the Ratio Consultants Report of June 2005 for the Proponent.
In the report, the parking requirements as per the parking policy spelt out in the Greater Dandenong Planning Scheme are calculated. This came to 2001 spaces for the Stage 1 development. This figure included a cafe/take-away for which 60 spaces were allocated. As this will no longer be included in Stage 1, the planning scheme requirement reduces to 1941 spaces.
As provided for in the planning scheme (clause 52.06), Council is able to reduce the parking requirement provided the applicant can demonstrate that the reduced provision is justified. Based on the expectation (by the Proponent) that there will be 513 staff employed in Stage 1, a maximum of 513 spaces would be required. This would be less as several people will car-share. To this, the consultant has added 20 cars per day for visits to the service department (including 6 towing caravans) and 26 visits to the
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 32 spare parts sales per day, giving a conservative estimate of 559 parking spaces required on-site.
There is some confusion within the reports presented to the Panel regarding the actual parking to be provided. On page 6 of the Ratio report, it says “It is proposed to provide 669 on-site parking spaces”. It is assumed that these are for the uses spelt out in the preceding paragraphs (which do not include the originally proposed peripheral medical rooms, convenience store and café-takeaway uses). On page 8 (section 4.1.1) the report concludes that 559 spaces would be adequate but goes on to say “Therefore the provision of 645 on-site parking spaces is considered to be adequate to cater for the parking demands of the proposed Jayco Caravans Super-Complex”. The Focus Report, in section 7.2 suggests that, based on the Ratio Consultants empirical assessment, 562 spaces are adequate. A visual review of the final (revised) plans tabled at the final hearing day on 24 August 2005 indicated that less than 500 parking bays have been provided.
While the Panel is critical of these inconsistencies, it is of the view that the empirical assessment is generally satisfactory, that is 562 bays (as per the Focus Report) should be provided.
The layout of the car park must meet the dimensional requirements of the Greater Dandenong Planning Scheme. Provision will also be made for a minimum of 12 long car and caravan bays conveniently located adjacent to the servicing department.
In order to ensure these requirements are met Condition 10 of the Planning Permit must commence with ‘A minimum of 562 car parking spaces are to be provided on the site of which at least 12 shall be long car and caravan bays located adjacent to the servicing department. The Plans to be endorsed must clearly delineate these spaces.’
Bus Stops
Bus routes 830 and 831 traverse this section of the DVH. Provision for bus stops on the DVH at the intersection of the road into the Jayco site has been made on the revised (final) plan. An indented bus stop is provided on the left shoulder of each carriageway of the DVH on the departure side of the intersection. A footpath is shown to each bus stop from the Jayco site. The footpaths are aligned with the intersection to allow a safe crossing of the Jayco Road and the DVH by utilising the traffic signals at the intersection. The bus stops and associated pedestrian access are to be provided by the Proponent.
Walking Access Around the Site
The revised (final) plans show a gravel and sand bicycle and walking path generally along the top of the existing levee bank of the Eastern Contour Drain to the east and north of the site. This is to be provided by the Proponent. The Panel considers this proposal to be suitable but it requires the agreement of Melbourne Water. If such permission is not granted the pathway should be located on the northern edge of the site.
The Panel recommends a condition specifying the provision of a bicycle and walking path on or adjacent to the Eastern Contour Drain alignment should be included in the permit.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 33 7.3 FINDINGS AND RECOMMENDATIONS
Findings
The Panel has considered the full range of submissions regarding traffic and access issues and concludes that: The Jayco site is well positioned to be efficiently and effectively serviced by the regional arterial road network. The now proposed road network within the site provides for adequate access to the site and to neighbouring sites should they be developed for industrial purposes. The proposed treatment at the intersection of the Jayco access Road and the Dandenong Valley Highway is adequate for Stage 1 of the Jayco development and sufficient reservation will available for the future development of the intersection to cater for Stages 2 and 3. Provision should be made for 562 car parking spaces including 12 for car and caravan parking. Bus stops should be provided on the Dandenong Valley Highway at the intersection of the Jayco access road. VicRoads requirement for the payment of 10 years of maintenance costs for the operation of traffic lights at the proposed Dandenong Valley Highway intersection should remain, but that a rebate be considered by Council in its finalisation of the Development Contributions Scheme for the Dandenong South Industrial area extension. A walking/cycle path should be built on or adjacent to the contour drain levee bank.
Recommendations
The Panel recommends the draft exhibited permit should be amended as follows:
The road proposals as set out on the final (revised) plans be adopted subject to the following change: Provision should be made for 562 car parking spaces on the plan, including 12 spaces for car/caravan combinations located close to the servicing area.
Add additional requirement to condition 1: “Plan indicating Stage 1 road construction details, parking details and road reservation details to provide for additional road works for Stages 2 and 3”.
Change condition 9 to read “Before the use of the land starts, parking must be provided for 562 car spaces including 12 car/caravan combination spaces located close to the servicing area. Areas set aside for the parking of vehicles …..”
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 34
A condition shall be included to read “A gravel surfaced bicycle and walking path on or adjacent to the alignment of the Eastern Contour drain where it abuts the site shall be provided to the satisfaction of the Responsible Authority.”
The Panel recommends that Council give consideration to a rebate being paid to the proponent in relation to the costs of traffic light maintenance in its finalisation of the Development Contributions Plan for the Dandenong South Industrial Extension Area.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 35
8. PERMIT CONDITIONS
8.1 EXHIBITED DRAFT PERMIT & PLANS
A number of the conditions on the draft permit require further consideration. Some proposed conditions lacked certainty and a number of the submissions from referral bodies requested additional conditions. The Panel hearing also identified other matters that should be addressed in the permit conditions. Particular matters for further consideration were: The uses permitted under the permit; Uncertainty in relation to the plans to which the permit related; Uncertainty in relation to the costs to be met by the proponent under the Development Contributions Plan; The need for a condition related to subdivision; Road, traffic, parking and access related matters (see Section 7); and The requirements of the referral authorities.
The exhibited draft permit was based on a concept that was substantially modified during the course of the hearing. The exhibited permit (draft 12 November 2004) included conditions that responded to the initial submission by Jayco and included requirements to delete particular uses and referenced ‘the plans submitted with the application’. The Panel sought to clarify the content of the plans referred to in the exhibited permit at the commencement of the hearing and gave directions on 22 June 2005 that revised plans to deal with a range of matters raised at the hearing were to be prepared in consultation with Council and VicRoads.
In response to this direction and subsequent discussions in relation to the Structure Plan considerations led during the hearing to the provision by the proponent of various revised plans. On the final day of the hearing (24 August 2005) Mr Kraan provided the Panel with Plans prepared by KLM Spatial, Drawing Nos E2803CP_01V10, 02V10, 03V10 and 04V10.
As detailed in Section 7, Version 10 of the drawings (V10) made provision in this locality for the road network to be recommended in the forthcoming Structure Plan for the Dandenong South extension area. It included a public road through the centre of the Jayco site enabling connection between the internal parts of the Dandenong South extension area with Dandenong – Frankston Road. A road connection to the south is also provided towards the western end of the site and a road connection to the north is provided at the eastern end of the site (abutting the Eastern Contour Drain).
The Panel was advised that these plans were acceptable to Council and that VicRoads had agreed to Version 9 (V09) of these drawings. The variations from Version 9 to Version 10 of these drawings were: a minor variation to the alignment of Road C on the eastern boundary of the site; the addition of a 1 metre wide plantation reserve
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 36
along Dandenong – Frankston Road, and the delineation of a bicycle and pedestrian track along the top of the Eastern Contour Drain levee bank (outside of the site).
The following comments in relation to the proposed development are based on the V10 plans referred to above as being the operative delineation of the proposal. The conditions referred to are those as numbered in the draft exhibited permit.
8.2 PERMITTED DEVELOPMENT
The provision of public roads on the site requires a subdivision of the land to delineate the required road reserves. The permitted development should be varied to provide for “Subdivision of the land to provide for the creation of road reserves.”
8.3 CONDITION 1
The second paragraph of Condition 1 of the permit should specifically reference the Version 10 plans in the following manner – “Plans prepared by KLM Spatial, Drawing Nos E2803CP_01V10, 02V10, 03V10 and 04V10”.
Condition 1.2 should be deleted as the uses referred to are not part of the V10 plans. The Panel was advised that the proposed take-away food outlet is not part of the development but the plans would include a site kiosk to satisfy the meal needs of workers employed on the site.
Conditions 1.3 and 1.4 should be amended to refer to the relevant conditions subsequent to the amendments recommended to the permit.
A new condition should be added to require “A plan indicating the Stage 1 road construction details.”
8.4 CONDITION 3
Condition 3 deals with the requirement for the owner to enter into a Section 173 Agreement with Council to secure an appropriate development contribution for public infrastructure required in the Dandenong South extension area.
The draft permit required the owner to make a development contribution payment in accordance with the ultimate outcome of the current investigations for the DSIAE. The Panel was concerned that this obligation, as it stood, was uncertain as to the amount that the owner may be obliged to pay and uncertain as to when it may be payable as it was dependent upon the inclusion of a Development Plan Overlay to the planning scheme.
Mr Kraan advised the Panel that Jayco were not happy with the open-ended nature of Condition 3. The Panel subsequently gave directions at the hearing adjournment on 22 June 2005 that Condition 3 was to be modified to ‘provide for the general scope of the development contributions to be paid and the principles to be applied in the apportionment of the public infrastructure costs to be paid by Jayco Pty Ltd.’
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 37
Discussions on this matter occurred between the Council and Jayco in the periods following and with the benefit of further input from Council’s DSIAE consultants.
The Panel was advised on the final hearing day that agreement between Jayco and Council had been reached in relation to the financial contribution for infrastructure to be paid. This was based on the identification of agreed items provided in the development that would count towards a public infrastructure contribution and a basis for determining the contribution that would be applicable to the site. Council advised that agreement on these matters had been settled with Jayco and it was submitted that Condition 3 should be amended to reflect that agreement with the details being a contractual matter between the parties and not specified in the permit.
The Panel considers that the process followed during the course of the hearing has enabled this issue to be resolved and recommends that Condition 3.1 be amended to read: “The payment of development contributions as agreed between the Responsible Authority and the owner of the land and generally in accordance with the development contributions specified in the Greater Dandenong Planning Scheme under the Development Plan Overlay – Dandenong South Industrial Area (which may be applied to the subject land within ten years of the date of this permit) upon request.”
8.5 SUBDIVISION
The creation of public roads A, B and C within the site are required to provide connection with Dandenong – Frankston Road and the internal Dandenong South extension area road network. The development of the site needs to provide for the approval of a subdivision that creates the required road reserves.
The Panel recommends that in addition to the modification to the permitted use and development description (see Section 8.2) a new condition be included in the following terms:
“Prior to the occupation of any building, the owner must have a plan of subdivision approved by the Registrar of Titles which shall create roads in accordance with the endorsed plans and the requirements of VicRoads and to the satisfaction of the Responsible Authority.”
Council also advised the Panel on 25th August 2005 of additional standard conditions proposed to be included in the permit as a consequence of the subdivision. These conditions provide: “1 The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity, gas and telecommunication services to each lot shown on the endorsed plan in accordance with that authority's requirements and relevant legislation at the time. 2 All existing and proposed easements and site for existing or required utility services and roads on the land must be set aside in the Plan of Subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 38
3 The Plan of Subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act.”
The Panel supports the inclusion of these additional conditions.
8.6 CONDITION 25 (VICROADS)
The submission of VicRoads to the proposed amendment and draft permit and subsequent discussions between Jayco, VicRoads and Council in relation to the requirements of VicRoads have resulted in a number of variations to the conditions proposed on the draft permit. As submitted to the Panel on 24 August 2005 the following conditions are now proposed: “Conditions required by VicRoads 1 The applicant must submit a clear plan to the satisfaction of the Responsible Authority showing intended development of the entire site. A revised Traffic Impact Assessment Report, including a revised SIDRA analysis and staging plan, addressing the full development of the site in accordance with the above plan and allowing for ten years traffic growth on Dandenong Valley Highway, shall be prepared to VicRoads satisfaction. 2 All access to the site from Dandenong Valley Highway must be via a single signalised intersection to the standards required in “Austroads – Guide to Traffic Engineering Practice – Part 5 – Intersections at Grade”, all to the satisfaction of VicRoads. The internal road network to distribute the traffic shall be to the satisfaction of VicRoads and the Responsible Authority. 3 A 1.0 metre wide plantation reserve to the satisfaction of the Responsible Authority must be provided across the Dandenong Valley Highway frontage of the site to prohibit vehicular access except at locations approved by VicRoads. 4 The applicant is required to undertake the following works: 4.1 Design and construction of a signalised access to the site on Dandenong Valley Highway to the satisfaction of VicRoads. 4.2 Assess the ability of the existing Dandenong Valley Highway pavement, in the vicinity of the new signalised access, to withstand the braking and turning of heavy vehicles associated with the installation of a signalised intersection at this location. Such assessment shall be carried out in accordance with :– * “AUSTROADS Pavement Design, A Guide to the Structural Design of Road Pavements (2004)”. * “VicRoads Code of Practice RC 500.22 – Selection and Design of Pavements and Surfacings”. * “VicRoads – Technical Bulletin No. 40 – Pavement Investigation – Guide to Field Inspection and Testing”.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 39
Any required remedial treatments, identified to the satisfaction of VicRoads, shall be undertaken as part of the construction of the signalised intersection. 4.3 Design and construction of indented bus bays on Dandenong Valley Highway on the departure sides of the signals, with connecting footpaths to the traffic signals and the internal street system to the satisfaction of the Responsible Authority. 4.4 Design and installation of street lighting at the new signalised intersection and for two approach spans in each direction along Dandenong Valley Highway to the standards required in “Austroads – Guide to Traffic Engineering Practice – Part 12 – Roadway Lighting”, all to the satisfaction of VicRoads. 5 Prior to the commencement of works, a detailed functional layout must be submitted to VicRoads and the Responsible Authority for approval. 6 Subsequent to the approval of the detailed functional layout, public lighting layout and traffic signal layout, a detailed engineering layout must be submitted to VicRoads for approval. When the detailed engineering layouts are approved, an additional copy must be submitted to VicRoads for surveillance purposes. 7 Prior to the commencement of road works, the developer must contact Team Leader- VicRoads Improvement Projects Department (Telephone No. 9881-8080) for the following requirements: 7.1 Provide payment to VicRoads for the cost associated with the supply and installation of traffic signals plus the predetermined cost of 10 years traffic signal maintenance. VicRoads will arrange for installation of traffic signals once payment has been received. 7.2 Provide a bank guarantee (in the name of the developer) without a termination date, to VicRoads for the estimated cost of works. 7.3 Provide evidence that the Contractor has a public liability insurance policy for at least $10 million, effective for the duration of the works. 7.4 Provide VicRoads with the name, address, business and out-of- hours telephone number of the principal road works contractor. 7.5 Submit to VicRoads for approval, a Traffic Management Plan showing the proposed provision for traffic and signing for the duration of the works, at least 21 days prior to the commencement of the works. The Traffic Management Plan must meet the requirements of the VicRoads Worksite Traffic Management (Road works Signing) Code of Practice which incorporates AS1742.3 – 2000. Traffic management/control must be carried out by suitably trained personnel.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 40
7.6 Arrange for the contractor to contact the VicRoads Surveillance Coordinator (Telephone No. 9881-8079), at least 7 days prior to the commencement of works. Note: The contractor will be charged for the actual cost of VicRoads surveillance, which may be undertaken at certain key times during the works. 7.7 Provide evidence that the contractor has developed and maintained a Quality Management System, Occupational Health and Safety System, Environmental Management System and Traffic Management System, to the satisfaction of VicRoads. 8 The developer must pay the full cost of all road works, drainage, road safety devices, service relocations, civil works, public lighting, traffic signals and any other associated costs i.e. all works to be complete at no cost to VicRoads. 9 The applicant shall prepare a plan of subdivision providing for the creation of a public road between the proposed access to the development at Frankston Dandenong Road, and another boundary of the subject site, to the satisfaction of the VicRoads and the Responsible Authority. The land to be labelled “ROAD” on the plan of subdivision shall vest in the City of Greater Dandenong upon certification of the Plan of Subdivision. All matters relating to the creation of the “ROAD” shall be undertaken at no cost to VicRoads.”
The variations deal with primarily the specification of standards and codes applicable to the design and works to be carried out. A new condition specifies the particular requirements of VicRoads in relation to the subdivision of the land. Condition 25.3 has been amended to modify the width of the plantation reserve adjacent to Dandenong – Frankston Road from 12 metres to 1 metre (see Section 7.2.2).
The Panel supports these variations and the additional condition relating to subdivision.
Condition 7.1 requires the developer to provide payment of the maintenance cost associated with the operation of the required traffic signals for a period of 10 years. As detailed in Section 7.2.2 a variation to this obligation was sought by Jayco, but is not supported by the Panel.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 41
8.7 OTHER CONDITIONS SOUGHT BY REFERRAL BODIES
8.7.1 Department for Victorian Communities (Aboriginal Affairs Victoria)
The Department for Victorian Communities (DVC) recommended the addition of two conditions and three advisory notes on the permit as detailed below. “Conditions - Department for Victorian Communities - Aboriginal Affairs Victoria Conditions. 1 Works must cease immediately upon the discovery of any Aboriginal cultural material, and Aboriginal Affairs Victoria must be notified immediately of any such discovery. 2 If any suspected human remains are found, work in the area must cease. Victoria Police and the State Coroner's Office (telephone 9684 4444) must be informed of the discovery without delay. If there are reasonable grounds to suspect that the remains are Aboriginal, the discovery should also be reported to the Department of Sustainability and Environment's Emergency Co-ordination Centre on (telephone)1300 888 544. Advisory Notes - Department for Victorian Communities - Aboriginal Affairs Victoria Conditions All Aboriginal sites, places and objects in Victoria are protected under the Commonwealth Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and the Victorian Archaeological and Aboriginal Relics Preservation Act 1972. It is an offence to wilfully deface, damage or otherwise interfere with an Aboriginal object or place without obtaining prior written consent from the relevant local Aboriginal community, as listed in the Schedule to the Commonwealth Act.
Where it is suspected that works may impact on Aboriginal cultural heritage objects or places the applicant should make provision for a heritage impact assessment of the area by a suitably qualified heritage consultant in conjunction with representatives of the relevant Aboriginal stakeholders.
Information on Aboriginal interests relating to the project area may be obtained by the relevant Regional Cultural Heritage Program (RCHP). The Aboriginal Affairs Victoria web site at http://www.dvc.vic.gov.au/aav/lac.htm includes maps and contact lists relating to local Aboriginal communities and at http://www.dvc.vic.qov.au/aav/rchp.htm for maps and contact lists relating to the RCHP. Further, if the proposal includes Crown land, it may be necessary to consult with any parties who hold native title interests in the area.”
The SPPF (Clause 15.11-2) states that “planning and responsible authorities must take account of the requirements of the Victorian Archaeological and Aboriginal Relics Preservation Act 1972, the Commonwealth Aboriginal and Torres Strait Islander
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 42
Heritage Protection Act 1984 and the views of the local Aboriginal communities in providing for the conservation and enhancement of places, sites and objects of Aboriginal cultural heritage value.” Council’s LPPF (Clause 221.04-5, Heritage) similarly seeks to protect Aboriginal cultural heritage values and includes the site within an area of ‘potential Aboriginal cultural value’.
The proponent has had a Cultural Heritage Assessment of the site completed (by Tardis Enterprises) showing that no Aboriginal sites were located and no areas of Aboriginal archaeological potential were identified. Also the Bunurong Aboriginal Corporation advised that no further investigations were required prior to the development of the land.
The Panel considers that the conditions and notes sought to be included by DVC facilitate compliance with the SPPF and LPPF during the development process. The Panel recommends the inclusion of these additional conditions and the related notes on the permit.
8.7.2 Environment Protection Authority
The Environment Protection Authority (EPA) did not object to the proposal but sought the addition of conditions relating to: The use of clean fill only; Reticulated sewerage connection or containment of wastes on-site; Construction techniques to minimise sediment run-off; Sediment pollution protection measures to be carried out before earthworks commence; and Additional detail in relation to condition 26.10 dealing with a Site Management Plan detailing pollution and sediment control measures during the development.
The Panel recommends the inclusion of these requirements which assist the implementation of Clause 15.01 (Protection of Catchments, Waterways and Groundwater) of the SPPF.
8.7.3 Melbourne Water
Melbourne Water did not object to the amendment but sought a minor correction to Condition 26.9 in the exhibited permit, a minor correction to a note on the draft permit and the inclusion of three additional notes on the permit that deal with: Context for the conditions imposed by Melbourne Water; A note relating to the flood storage design; and The use of Best Practice Environmental Management Guidelines for Urban Stormwater.
These matters are either corrections or additional information to assist the implementation of the permit and the Panel recommends their inclusion in the permit.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 43
8.7.4 Department of Sustainability and Environment
The Department’s submission supported the retention of the remnant Red Gum identified on the northern part of the site. This tree has been identified on the V10 plans and the Panel recommends that the plans to be endorsed be annotated to the effect of “Tree to be retained”.
The Department also submitted that if the wetlands are to provide habitat for flora and fauna as proposed, then they should be designed to enable these areas to propagate local flora and be used by local fauna. The Department advised that consideration should be given to such matters as water depth, bank steepness, emergent/submergent vegetation and the provision of shelter such as logs and boulders.
The initial plans submitted with the proposal (Ref: Landscape Master Plan) indicated that parts of the proposed wetland area were to provide fauna habitat. The modified plans provide significant and prominent wetland areas and the Panel supports the desirability of the design effectively providing fauna habitat.
The Panel recommends an additional condition be included in the following terms:
“The design of the wetland areas shall make provision for the establishment of suitable fauna habitat to the satisfaction of the Responsible Authority.”
8.8 FINDINGS & RECOMMENDATIONS
Findings & Conclusions
The draft permit should be amended as a result of revision of the proposed plans, the requirements of various referral authorities and in order to provide greater certainty in relation to a number of matters. Appendix E provides a revised permit and consolidates all of the recommended amendments to the permit.
Recommendations
In relation to the draft exhibited permit the Panel recommends the following changes:
1. The permitted development should be varied to provide for “Subdivision of the land to provide for the creation of road reserves.”
2. Condition 1
2.1 The second paragraph of Condition 1 of the permit should reference the plans in the following manner – “Plans prepared by KLM Spatial, Drawing Nos E2803CP_01V10, 02V10, 03V10 and 04V10”.
2.2 Condition 1.2 should be deleted.
2.3 Conditions 1.3 and 1.4 should be amended to refer to the relevant conditions subsequent to the amendments recommended to the permit.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 44
2.4 Condition 1 is to include the following additional requirements:
“Provision shall be made for 562 car parking spaces on the plan, including 12 spaces for car/caravan combinations located close to the servicing area.
“Plan indicating Stage 1 road construction details, parking details and road reservation details to provide for additional road works for Stages 2 and 3”.
“The remnant Red Gum on the northern part of the site is to be shown on the plan and annotated as a ‘tree to be retained.”
3. Condition 3
Condition 3.1 is to be amended to read:
“The payment of development contributions as agreed between the Responsible Authority and the owner of the land and generally in accordance with the development contributions specified in the Greater Dandenong Planning Scheme under the Development Plan Overlay – Dandenong South Industrial Area (which may be applied to the subject land within ten years of the date of this permit) upon request.”
4. Condition 10
4.1 Condition 10 is to be amended to read:
“Before the use of the land starts, parking must be provided for 562 car spaces including 12 car/caravan combination spaces located close to the servicing area. Areas set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be:
10.1. Constructed in accordance with the endorsed plan/s.
10.2. Properly formed to such levels that they can be used in accordance with the plans.
10.3. Surfaced with an all-weather seal-coat.
10.4. Drained to the legal point of discharge.
10.5. Line-marked to indicate each car space and all access lanes
Parking areas and access lanes must be kept available for these purposes at all times.
All to the satisfaction of the Responsible Authority.”
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 45
5. Subdivision
5.1 New conditions are to be included to read:
“Prior to the occupation of any building, the owner must have a plan of subdivision approved by the Registrar of Titles which shall create roads in accordance with the endorsed plans and the requirements of VicRoads and to the satisfaction of the Responsible Authority.
The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity, gas and telecommunication services to each lot shown on the endorsed plan in accordance with that authority's requirements and relevant legislation at the time.
All existing and proposed easements and site for existing or required utility services and roads on the land must be set aside in the Plan of Subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.
The Plan of Subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act.”
6. VicRoads Conditions
6.1 Condition 25. Conditions required by VicRoads be deleted and replaced with the following conditions.
“1 The applicant must submit a clear plan to the satisfaction of the Responsible Authority showing intended development of the entire site. A revised Traffic Impact Assessment Report, including a revised SIDRA analysis and staging plan, addressing the full development of the site in accordance with the above plan and allowing for ten years traffic growth on Dandenong Valley Highway, shall be prepared to VicRoads satisfaction.
2 All access to the site from Dandenong Valley Highway must be via a single signalised intersection to the standards required in “Austroads – Guide to Traffic Engineering Practice – Part 5 – Intersections at Grade”, all to the satisfaction of VicRoads. The internal road network to distribute the traffic shall be to the satisfaction of VicRoads and the Responsible Authority.
3 A 1.0 metre wide plantation reserve to the satisfaction of the Responsible Authority must be provided across the
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 46
Dandenong Valley Highway frontage of the site to prohibit vehicular access except at locations approved by VicRoads.
4 The applicant is required to undertake the following works:
4.1 Design and construction of a signalised access to the site on Dandenong Valley Highway to the satisfaction of VicRoads.
4.2 Assess the ability of the existing Dandenong Valley Highway pavement, in the vicinity of the new signalised access, to withstand the braking and turning of heavy vehicles associated with the installation of a signalised intersection at this location. Such assessment shall be carried out in accordance with :–
“AUSTROADS Pavement Design, A Guide to the Structural Design of Road Pavements (2004)”.
“VicRoads Code of Practice RC 500.22 – Selection and Design of Pavements and Surfacings”.
“VicRoads – Technical Bulletin No. 40 – Pavement Investigation – Guide to Field Inspection and Testing”.
Any required remedial treatments, identified to the satisfaction of VicRoads, shall be undertaken as part of the construction of the signalised intersection.
4.3 Design and construction of indented bus bays on Dandenong Valley Highway on the departure sides of the signals, with connecting footpaths to the traffic signals and the internal street system to the satisfaction of the Responsible Authority.
4.4 Design and installation of street lighting at the new signalised intersection and for two approach spans in each direction along Dandenong Valley Highway to the standards required in “Austroads – Guide to Traffic Engineering Practice – Part 12 – Roadway Lighting”, all to the satisfaction of VicRoads.
5 Prior to the commencement of works, a detailed functional layout must be submitted to VicRoads and the Responsible Authority for approval.
6 Subsequent to the approval of the detailed functional layout, public lighting layout and traffic signal layout, a detailed engineering layout must be submitted to VicRoads
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 47
for approval. When the detailed engineering layouts are approved, an additional copy must be submitted to VicRoads for surveillance purposes.
7 Prior to the commencement of road works, the developer must contact Team Leader- VicRoads Improvement Projects Department (Telephone No. 9881-8080) for the following requirements:
7.1 Provide payment to VicRoads for the cost associated with the supply and installation of traffic signals plus the predetermined cost of 10 years traffic signal maintenance. VicRoads will arrange for installation of traffic signals once payment has been received.
7.2 Provide a bank guarantee (in the name of the developer) without a termination date, to VicRoads for the estimated cost of works.
7.3 Provide evidence that the Contractor has a public liability insurance policy for at least $10 million, effective for the duration of the works.
7.4 Provide VicRoads with the name, address, business and out-of-hours telephone number of the principal road works contractor.
7.5 Submit to VicRoads for approval, a Traffic Management Plan showing the proposed provision for traffic and signing for the duration of the works, at least 21 days prior to the commencement of the works. The Traffic Management Plan must meet the requirements of the VicRoads Worksite Traffic Management (Road works Signing) Code of Practice which incorporates AS1742.3 – 2000. Traffic management/control must be carried out by suitably trained personnel.
7.6 Arrange for the contractor to contact the VicRoads Surveillance Coordinator (Telephone No. 9881-8079), at least 7 days prior to the commencement of works. Note: The contractor will be charged for the actual cost of VicRoads surveillance, which may be undertaken at certain key times during the works.
7.7 Provide evidence that the contractor has developed and maintained a Quality Management System, Occupational Health and Safety System, Environmental Management System and Traffic Management System, to the satisfaction of VicRoads.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 48
8 The developer must pay the full cost of all road works, drainage, road safety devices, service relocations, civil works, public lighting, traffic signals and any other associated costs i.e. all works to be complete at no cost to VicRoads.
9 The applicant shall prepare a plan of subdivision providing for the creation of a public road between the proposed access to the development at Frankston Dandenong Road, and another boundary of the subject site, to the satisfaction of the VicRoads and the Responsible Authority. The land to be labelled “ROAD” on the plan of subdivision shall vest in the City of Greater Dandenong upon certification of the Plan of Subdivision. All matters relating to the creation of the “ROAD” shall be undertaken at no cost to VicRoads.”
7. Department for Victorian Communities
7.1 New conditions are to be included to read:
“Conditions - Department for Victorian Communities - Aboriginal Affairs Victoria Conditions.
1 Works must cease immediately upon the discovery of any Aboriginal cultural material, and Aboriginal Affairs Victoria must be notified immediately of any such discovery.
2 If any suspected human remains are found, work in the area must cease. Victoria Police and the State Coroner's Office (telephone 9684 4444) must be informed of the discovery without delay. If there are reasonable grounds to suspect that the remains are Aboriginal, the discovery should also be reported to the Department of Sustainability and Environment's Emergency Co-ordination Centre on (telephone)1300 888 544.
7.2 New Advisory Notes are to be included to read:
“Advisory Notes - Department for Victorian Communities - Aboriginal Affairs Victoria Conditions
All Aboriginal sites, places and objects in Victoria are protected under the Commonwealth Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and the Victorian Archaeological and Aboriginal Relics Preservation Act 1972. It is an offence to wilfully deface, damage or otherwise interfere with an Aboriginal object or place without obtaining prior written consent from the relevant local Aboriginal community, as listed in the Schedule to the Commonwealth Act.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 49
Where it is suspected that works may impact on Aboriginal cultural heritage objects or places the applicant should make provision for a heritage impact assessment of the area by a suitably qualified heritage consultant in conjunction with representatives of the relevant Aboriginal stakeholders.
Information on Aboriginal interests relating to the project area may be obtained by the relevant Regional Cultural Heritage Program (RCHP). The Aboriginal Affairs Victoria web site at http://www.dvc.vic.gov.au/aav/lac.htm includes maps and contact lists relating to local Aboriginal communities and at http://www.dvc.vic.qov.au/aav/rchp.htm for maps and contact lists relating to the RCHP. Further, if the proposal includes Crown land, it may be necessary to consult with any parties who hold native title interests in the area.”
8. Environment Protection Authority
8.1 New Conditions are to be included to read:
“Conditions - Environment Protection Authority
1 Only clean fill material as defined in Environment Protection Authority Information Bulletin, Publication No.448 "Classification of Wastes" must be used in the development of the site.
2 All sites must be connected to a reticulated sewer system or alternatively be capable of treating and retaining all wastewaters generated onsite within the boundaries of the site.
3 To help minimise environmental problems associated with sediment run-off, any clearing or construction activity associated with development on the subject land, must be carried out in accordance with Environment Protection Authority publications 'Construction Techniques for Sediment Pollution Control' Publication No. 275 and Environmental Guidelines for Major Construction Sites' Publication No. 480.
4 Measures to protect watercourses from sediment pollution and other pollutants arising from construction activities must be applied before earthworks begin on-site.”
8.2 Condition 26.10 is to be amended to read:
“At least 21 days before construction commences, a Site Management Plan detailing pollution and sediment control measures during the clearing, construction and post- construction works phases of the development must be submitted to Melbourne Water.”
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 50
9. Melbourne Water
9.1 Condition 26.3 is to be amended to read:
“Wetland/flood detention pondages are to be provided within the development in accordance with updated plans as per the revised proposals shown on the plans listed in condition 1.1, and in accordance with the principles included in the Neil Craigie Pty Ltd ‘Surface Water Management Strategy’ report dated the 3rd May 2004. This property is to provide for a minimum flood storage of 80,000m³ at 8.10m AHD.”
9.2 Condition 26.4 is to be amended to read:
“All wetland/flood detention pondages and link pipelines including those proposed to link wetlands on neighbouring properties to the Jayco site wetlands are to be covered by easements to the satisfaction of the Melbourne Water.”
9.3 Condition 26.9 is to be amended to read:
“A Certified Survey Plan will be required following construction, showing that the required floor, road and wetland spillway levels have been attained.”
9.4 Insert a new condition to read
“The existing Eastern Contour Drain southern levee is to be reinstated and reinforced along the northern boundary of the site.”
9.5 Melbourne Water notes are to be amended and augmented in the following manner:
“If further information is required in relation to Melbourne Water’s permit conditions shown above, please contact Darren McAdie on telephone 9235 2188, quoting Melbourne Water’s reference 74038.
The Neil M Craigie Pty Ltd ‘Surface Water Management Strategy’ report makes a number of recommendations and conclusions regarding the development. Melbourne Water has no objection to the report, however would need to further assess any proposal that differs from the conditions given above.
The Stephen D’Andrea layout plans supplied with the application are to be updated in accordance with the plans listed in clause 1.1, and are to include link pipes as required between pondages as per the principles spelt out in the Neil M Craigie Pty Ltd report. Melbourne Water acknowledges that the layout may change, provided the requirement of flood storage is satisfied.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 51
The Best Practice Environmental Management Guidelines for Urban Stormwater (The Stormwater Committee, 1999) may be used as a guide when developing site controls to minimise sediment laden runoff and stormwater pollution during construction. Section 6.3, titled Construction Activity, of these guidelines provides a useful checklist to develop a site management plan.”
10. Additional Conditions
10.1 The following new conditions are to be included:
“The design of the wetland areas shall make provision for the establishment of suitable fauna habitat to the satisfaction of the Responsible Authority.”
“A gravel surfaced bicycle and walking path on or adjacent to the alignment of the Eastern Contour drain where it abuts the site shall be provided to the satisfaction of the Responsible Authority.”
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 52
9. OTHER ISSUES
9.1 NOTIFICATION – STATUTORY PROCESSES
A written submission questioned the adequacy of the notice given in relation to the amendment arguing that people within a 10 – 20 km radius should have been notified, highlighting in particular residential estates to the east of Dandenong – Hastings Road.
Council advised the Panel that it notified all land owners between Colemans Road and Harwood Road on both sides of Dandenong - Frankston Road and properties along Colemans Road and on Harwood Road extending to Taylors Road. Council provided a plan of the properties notified. Notice was also published in 3 local newspapers and in the Government Gazette.
Findings & Conclusions
The Panel considers that reasonable notice of the amendment was given in accordance with the Planning & Environment Act 1987. Broader notification would be applicable in relation to the balance of the DSIAE.
9.2 ADVERSE POSSESSION CLAIM
A further written submission on behalf of Kelly Bros by Watsons Pty Ltd generally supporting the amendment also advised the Panel of an adverse possession claim by Kelly Bros over the northern portion of the site. The claim is in relation to a strip of land approximately 40 – 50 metres wide, parallel to the Eastern Contour Drain. The land contains approximately 4 ha and is delineated by an existing fence. The submission did not oppose the rezoning of the land to Industrial 1 but requested that an appropriately worded condition should be included in the permit.
The Panel is of the view that no change to the permit is required in relation to this advice. If the adverse possession claim succeeds the plans can be amended under Section 72 of the Act to address the modified site. As approximately half of the site is being used for the Stage 1 works the proposed development can still proceed satisfactorily if this land was to be removed from the site.
Findings & Conclusions
The claim of adverse possession made against the northern part of the site does not impact on the proposed amendment. The need for any change to the planning permit can be addressed following the resolution of the claim.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 53
9.3 PREPARATORY SITE WORKS
In his presentation to the Panel Mr Hood expressed concern regarding site works that had been undertaken recently on the site, which appeared to implement a part of the development sought in relation to the current permit application (PLN04/0389). A further written submission by Janine Ridley also objected to these works being undertaken before the Industrial zoning had been resolved.
Council provided the Panel with a copy of Planning Permit PLN05/0015, issued on 5th April 2005 for “The undertaking of earthworks on the site (Stage 1 only), in addition to the provision of access to a Road Zone Category 1, all in accordance with the endorsed plans.” The endorsed plan shows the Stage 1 earthworks to be an area to the south of the existing fence line running parallel to the Eastern Contour Drain, extending approximately 220 m to the south and 420 m from the Dandenong – Frankston Road frontage. The works approximate the area proposed for part of the Stage 1 development contained in the exhibited plans of the current permit application.
Permit conditions include the retention of all vegetation on the site and a note that the issue of the permit “does not constitute approval or pre-empt a decision on Planning Scheme Amendment C50 (to rezone to Industrial 1 Zone) or Town Planning Application PLN04/0389, which at the date of issuing this permit, are still under consideration.”
Mr Kraan advised the Panel that the permit had been sought to take advantage of the drier pre-winter conditions and his client’s need to expedite the development at the earliest opportunity.
The Panel notes that a planning permit for the proposed development sought for approval in conjunction with this amendment could be issued under the present Rural zone. While the final revised plans provide for variations to the original layout, in terms of the earthworks required, these variations are relatively minor and the Panel considers that the issue of this earthworks only permit does not prejudice the consideration of this amendment.
Findings & Conclusions
The grant of permit PLN05/0015 for earthworks on the subject land was made in accordance with the planning scheme and does not influence or prejudice the proper determination of Amendment C50 and planning permit application PLN 04/0389.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 54
10. CONCLUSIONS
10.1 INTEGRATED ASSESSMENT
In relation to the proposed rezoning of the subject land to Industrial 1 the submissions lodged primarily concerned: its lack of suitability for that purpose (essentially due to the land being prone to flooding), the availability of suitable land elsewhere for the purpose and the loss of Green Wedge land that will occur as a consequence.
The Panel has also considered whether the amendment can be approved ahead of the resolution of structure planning for the Dandenong South Industrial Extension Area locality.
The consideration of the concurrent planning permit application has related primarily to the layout of the development so as to ensure that the development can be satisfactorily integrated into the structure planning and future development of the Dandenong South Industrial Extension Area. The Panel notes that none of the submissions opposing the amendment raised matters of issue in relation to the detail of the planning permit application.
The Panel considers that the proponent has comprehensively addressed the suitability of the site and the need for the rezoning of this land ahead of planning scheme proposals for the balance of the Dandenong South area. The susceptibility of the land to periodic flooding has been examined and addressed in the storm water management proposals for the site. The variations to these proposals required as a consequence of changes to the layout have been confirmed as suitable by expert evidence.
Jayco is a major employer in Dandenong and the nature of its operations requires a substantial land area. It has an understandable preference to remain in Dandenong. The proponent has provided detailed information of its search for suitable land in Dandenong and the Panel accepts that a need for a suitable site has been demonstrated.
Rezoning of the subject land at this time is consistent with the Metropolitan Strategy in relation to several aspects including: The development is contained within the Urban Growth Boundary; The amendment will facilitate a timely supply of land for industrial development; The Government has indicated that industrial development is proposed for this area; The subject land is on a major arterial road and can provide good access to connecting transport networks; and Environmental management measures proposed for the site will facilitate regional environmental management objectives.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 55
The proposed amendment does not impact on the defined Green Wedge areas in this locality. The subject land is contained within an area that was formerly Green Wedge but the Government determined to relocate the boundary in November 2003.
The protracted nature of the hearings enabled the principal issues associated with the planning permit to be resolved. These issues related to the site layout and the development contribution by the proponent. The Panel has been advised that the consultants engaged by Council and the Department of Sustainability and Environment have completed their work to enable a Structure Plan, Development Contributions Plan and Planning Scheme Amendment to be placed on public exhibition. In the context of this work, discussions and negotiations during the adjournment periods of the hearing between the Council, VicRoads and the proponent have enabled agreed plans to be provided to the Panel and the development contributions issues resolved satisfactorily.
The Panel considers that the revised plans provide suitable road proposals that will ensure the subject development is integrated into the long-term development of the Dandenong South Industrial Extension Area in an efficient and effective manner.
The Panel notes that a permit could be granted under the existing Rural zoning for most (or all) of the proposed development. The proposed amendment and concurrent permit process has enabled strategic planning issues associated with the permit to be more effectively examined and resolved. The Panel considers that the permit should be granted subject to a number of variations to reflect the revised plans and address matters of detail.
10.2 CONCLUSIONS
The Panel has considered all the submissions referred to it and all the material presented at the hearings and has reached the following conclusions: The rezoning of the subject land to Industrial 1 is supported by Metropolitan Development policy; There is a need for additional Industrial zoned land in this locality identified by the Government and in relation to the particular requirements of the proponent; Strategic planning for the Dandenong South Industrial Extension Area is sufficiently advanced to ensure that the development proposed and in particular the provision of a suitable road network on the site can be effectively integrated into the future development of this area; The land is suitable for the proposed development and storm water can be managed on the site; The revised site layout plan developed during the course of the hearing satisfactorily addresses the broader strategic planning issues and also the local site development issues; and Potential adverse off-site impacts are not matters of major significance and can be managed effectively by appropriate conditions on the permit.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 56
11. RECOMMENDATIONS
Based on the reasons set out in this report, the Panel makes the following primary recommendation to the planning authority:
A. Amendment C50 to the Greater Dandenong Planning Scheme should be adopted as exhibited.
B. Planning Permit PLN 04/0389 should be granted subject to the following amendments to the exhibited permit.
1. Permitted Use and Development
The permitted development should be varied to provide for “Subdivision of the land to provide for the creation of road reserves.”
2. Condition 1
2.1 The second paragraph of Condition 1 of the permit should reference the plans in the following manner – “Plans prepared by KLM Spatial, Drawing Nos E2803CP_01V10, 02V10, 03V10 and 04V10”.
2.2 Condition 1.2 should be deleted.
2.3 Conditions 1.3 and 1.4 should be amended to refer to the relevant conditions subsequent to the amendments recommended to the permit.
2.4 Condition 1 is to include the following additional requirements:
“Provision shall be made for 562 car parking spaces on the plan, including 12 spaces for car/caravan combinations located close to the servicing area.
“Plan indicating Stage 1 road construction details, parking details and road reservation details to provide for additional road works for Stages 2 and 3”.
“The remnant Red Gum on the northern part of the site is to be shown on the plan and annotated as a ‘tree to be retained’.”
3. Condition 3
Condition 3.1 is to be amended to read:
“The payment of development contributions as agreed between the Responsible Authority and the owner of the land and generally in accordance with the development contributions specified in the Greater
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 57
Dandenong Planning Scheme under the Development Plan Overlay – Dandenong South Industrial Area (which may be applied to the subject land within ten years of the date of this permit) upon request.”
4. Condition 10
4.1 Condition 10 is to be amended to read:
“Before the use of the land starts, parking must be provided for 562 car spaces including 12 car/caravan combination spaces located close to the servicing area. Areas set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be:
10.1. Constructed in accordance with the endorsed plan/s.
10.2. Properly formed to such levels that they can be used in accordance with the plans.
10.3. Surfaced with an all-weather seal-coat.
10.4. Drained to the legal point of discharge.
10.5. Line-marked to indicate each car space and all access lanes
Parking areas and access lanes must be kept available for these purposes at all times.
All to the satisfaction of the Responsible Authority.”
5. Subdivision
5.1 New conditions are to be included to read:
“Prior to the occupation of any building, the owner must have a plan of subdivision approved by the Registrar of Titles which shall create roads in accordance with the endorsed plans and the requirements of VicRoads and to the satisfaction of the Responsible Authority.
The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity, gas and telecommunication services to each lot shown on the endorsed plan in accordance with that authority's requirements and relevant legislation at the time.
All existing and proposed easements and site for existing or required utility services and roads on the land must be set aside in the Plan of Subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created.
The Plan of Subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act.”
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 58
6. VicRoads Conditions
6.1 Condition 25. Conditions required by VicRoads be deleted and replaced with the following conditions.
“1 The applicant must submit a clear plan to the satisfaction of the Responsible Authority showing intended development of the entire site. A revised Traffic Impact Assessment Report, including a revised SIDRA analysis and staging plan, addressing the full development of the site in accordance with the above plan and allowing for ten years traffic growth on Dandenong Valley Highway, shall be prepared to VicRoads satisfaction.
2 All access to the site from Dandenong Valley Highway must be via a single signalised intersection to the standards required in “Austroads – Guide to Traffic Engineering Practice – Part 5 – Intersections at Grade”, all to the satisfaction of VicRoads. The internal road network to distribute the traffic shall be to the satisfaction of VicRoads and the Responsible Authority.
3 A 1.0 metre wide plantation reserve to the satisfaction of the Responsible Authority must be provided across the Dandenong Valley Highway frontage of the site to prohibit vehicular access except at locations approved by VicRoads.
4 The applicant is required to undertake the following works:
4.1 Design and construction of a signalised access to the site on Dandenong Valley Highway to the satisfaction of VicRoads.
4.2 Assess the ability of the existing Dandenong Valley Highway pavement, in the vicinity of the new signalised access, to withstand the braking and turning of heavy vehicles associated with the installation of a signalised intersection at this location. Such assessment shall be carried out in accordance with:–
“AUSTROADS Pavement Design, A Guide to the Structural Design of Road Pavements (2004)”.
“VicRoads Code of Practice RC 500.22 – Selection and Design of Pavements and Surfacings”.
“VicRoads – Technical Bulletin No. 40 – Pavement Investigation – Guide to Field Inspection and Testing”.
Any required remedial treatments, identified to the satisfaction of VicRoads, shall be undertaken as part of the construction of the signalised intersection.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 59
4.3 Design and construction of indented bus bays on Dandenong Valley Highway on the departure sides of the signals, with connecting footpaths to the traffic signals and the internal street system to the satisfaction of the Responsible Authority.
4.4 Design and installation of street lighting at the new signalised intersection and for two approach spans in each direction along Dandenong Valley Highway to the standards required in “Austroads – Guide to Traffic Engineering Practice – Part 12 – Roadway Lighting”, all to the satisfaction of VicRoads.
5 Prior to the commencement of works, a detailed functional layout must be submitted to VicRoads and the Responsible Authority for approval.
6 Subsequent to the approval of the detailed functional layout, public lighting layout and traffic signal layout, a detailed engineering layout must be submitted to VicRoads for approval. When the detailed engineering layouts are approved, an additional copy must be submitted to VicRoads for surveillance purposes.
7 Prior to the commencement of road works, the developer must contact Team Leader- VicRoads Improvement Projects Department (Telephone No. 9881-8080) for the following requirements:
7.1 Provide payment to VicRoads for the cost associated with the supply and installation of traffic signals plus the predetermined cost of 10 years traffic signal maintenance. VicRoads will arrange for installation of traffic signals once payment has been received.
7.2 Provide a bank guarantee (in the name of the developer) without a termination date, to VicRoads for the estimated cost of works.
7.3 Provide evidence that the Contractor has a public liability insurance policy for at least $10 million, effective for the duration of the works.
7.4 Provide VicRoads with the name, address, business and out-of-hours telephone number of the principal road works contractor.
7.5 Submit to VicRoads for approval, a Traffic Management Plan showing the proposed provision for traffic and signing for the duration of the works, at least 21 days prior to the commencement of the works. The Traffic Management
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 60
Plan must meet the requirements of the VicRoads Worksite Traffic Management (Road works Signing) Code of Practice which incorporates AS1742.3 – 2000. Traffic management/control must be carried out by suitably trained personnel.
7.6 Arrange for the contractor to contact the VicRoads Surveillance Coordinator (Telephone No. 9881-8079), at least 7 days prior to the commencement of works. Note: The contractor will be charged for the actual cost of VicRoads surveillance, which may be undertaken at certain key times during the works.
7.7 Provide evidence that the contractor has developed and maintained a Quality Management System, Occupational Health and Safety System, Environmental Management System and Traffic Management System, to the satisfaction of VicRoads.
8 The developer must pay the full cost of all road works, drainage, road safety devices, service relocations, civil works, public lighting, traffic signals and any other associated costs i.e. all works to be complete at no cost to VicRoads.
9 The applicant shall prepare a plan of subdivision providing for the creation of a public road between the proposed access to the development at Frankston Dandenong Road, and another boundary of the subject site, to the satisfaction of the VicRoads and the Responsible Authority. The land to be labelled “ROAD” on the plan of subdivision shall vest in the City of Greater Dandenong upon certification of the Plan of Subdivision. All matters relating to the creation of the “ROAD” shall be undertaken at no cost to VicRoads.”
7. Department for Victorian Communities
7.1 New conditions are to be included to read:
“Conditions - Department for Victorian Communities - Aboriginal Affairs Victoria Conditions.
1 Works must cease immediately upon the discovery of any Aboriginal cultural material, and Aboriginal Affairs Victoria must be notified immediately of any such discovery.
2 If any suspected human remains are found, work in the area must cease. Victoria Police and the State Coroner's Office (telephone 9684 4444) must be informed of the discovery without delay. If there are reasonable grounds to suspect that the remains are Aboriginal, the discovery should also be reported to the Department of Sustainability and Environment's Emergency Co-ordination Centre on (telephone)1300 888 544.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 61
7.2 New Advisory Notes are to be included to read:
“Advisory Notes - Department for Victorian Communities - Aboriginal Affairs Victoria Conditions
All Aboriginal sites, places and objects in Victoria are protected under the Commonwealth Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and the Victorian Archaeological and Aboriginal Relics Preservation Act 1972. It is an offence to wilfully deface, damage or otherwise interfere with an Aboriginal object or place without obtaining prior written consent from the relevant local Aboriginal community, as listed in the Schedule to the Commonwealth Act.
Where it is suspected that works may impact on Aboriginal cultural heritage objects or places the applicant should make provision for a heritage impact assessment of the area by a suitably qualified heritage consultant in conjunction with representatives of the relevant Aboriginal stakeholders.
Information on Aboriginal interests relating to the project area may be obtained by the relevant Regional Cultural Heritage Program (RCHP). The Aboriginal Affairs Victoria web site at http://www.dvc.vic.gov.au/aav/lac.htm includes maps and contact lists relating to local Aboriginal communities and at http://www.dvc.vic.qov.au/aav/rchp.htm for maps and contact lists relating to the RCHP. Further, if the proposal includes Crown land, it may be necessary to consult with any parties who hold native title interests in the area.”
8. Environment Protection Authority
8.1 New Conditions are to be included to read:
“Conditions - Environment Protection Authority
1 Only clean fill material as defined in Environment Protection Authority Information Bulletin, Publication No.448 "Classification of Wastes" must be used in the development of the site.
2 All sites must be connected to a reticulated sewer system or alternatively be capable of treating and retaining all wastewaters generated onsite within the boundaries of the site.
3 To help minimise environmental problems associated with sediment run-off, any clearing or construction activity associated with development on the subject land, must be carried out in accordance with Environment Protection Authority publications 'Construction Techniques for Sediment Pollution Control' Publication No. 275 and Environmental Guidelines for Major Construction Sites' Publication No. 480.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 62
4 Measures to protect watercourses from sediment pollution and other pollutants arising from construction activities must be applied before earthworks begin on-site.”
8.2 Condition 26.10 is to be amended to read:
“At least 21 days before construction commences, a Site Management Plan detailing pollution and sediment control measures during the clearing, construction and post-construction works phases of the development must be submitted to Melbourne Water.”
9. Melbourne Water
9.1 Condition 26.3 is to be amended to read:
“Wetland/flood detention pondages are to be provided within the development in accordance with updated plans as per the revised proposals shown on the plans listed in condition 1.1, and in accordance with the principles included in the Neil Craigie Pty Ltd ‘Surface Water Management Strategy’ report dated the 3rd May 2004. This property is to provide for a minimum flood storage of 80,000m³ at 8.10m AHD.”
9.2 Condition 26.4 is to be amended to read:
“All wetland/flood detention pondages and link pipelines including those proposed to link wetlands on neighbouring properties to the Jayco site wetlands are to be covered by easements to the satisfaction of the Melbourne Water.”
9.3 Condition 26.9 is to be amended to read:
“A Certified Survey Plan will be required following construction, showing that the required floor, road and wetland spillway levels have been attained.”
9.4 Insert a new condition to read
“The existing Eastern Contour Drain southern levee is to be reinstated and reinforced along the northern boundary of the site.”
9.5 Melbourne Water notes are to be amended and augmented in the following manner:
“If further information is required in relation to Melbourne Water’s permit conditions shown above, please contact Darren McAdie on telephone 9235 2188, quoting Melbourne Water’s reference 74038.
The Neil M Craigie Pty Ltd ‘Surface Water Management Strategy’ report makes a number of recommendations and conclusions regarding the development. Melbourne Water has no objection to the
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Page 63
report, however would need to further assess any proposal that differs from the conditions given above.
“The Stephen D’Andrea layout plans supplied with the application are to be updated in accordance with the plans listed in clause 1.1, and are to include link pipes as required between pondages as per the principles spelt out in the Neil M Craigie Pty Ltd report. Melbourne Water acknowledges that the layout may change, provided the requirement of flood storage is satisfied.”
The Best Practice Environmental Management Guidelines for Urban Stormwater (The Stormwater Committee, 1999) may be used as a guide when developing site controls to minimise sediment laden runoff and stormwater pollution during construction. Section 6.3, titled Construction Activity, of these guidelines provides a useful checklist to develop a site management plan.”
10. Additional Conditions
10.1 The following new conditions are to be included:
“The design of the wetland areas shall make provision for the establishment of suitable fauna habitat to the satisfaction of the Responsible Authority.”
“A gravel surfaced bicycle and walking path on or adjacent to the alignment of the Eastern Contour drain where it abuts the site shall be provided to the satisfaction of the Responsible Authority.”
C. Related Matters
Council give consideration to a rebate being paid to the proponent in relation to the costs of traffic light maintenance in its finalisation of the Development Contributions Plan for the Dandenong South Industrial Extension Area.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices APPENDICES
A. THE PANEL PROCESS...... 1 THE PANEL ...... 1 HEARINGS, DIRECTIONS AND INSPECTIONS ...... 1 SUBMISSIONS...... 2 B. STRATEGIC ASSESSMENT GUIDELINES ...... 4
C. PANEL’S DIRECTIONS...... 6
C1 – PANEL’S DIRECTIONS DATED 23 JUNE 2005 ...... 6 C2 – PANEL’S DIRECTIONS DATED 17 AUGUST 2005...... 6 D. FINAL REVISED PLANS...... 12
REVISED PLANS (VERSION 10, SEE SECTION 8.1 FOR DETAILS) SUBMITTED ON BEHALF OF JAYCO TO THE PANEL ON 24TH AUGUST 2005 AS THE BASIS FOR THE ISSUE OF PLANNING PERMIT 04/0389. ... 12 E. RECOMMENDED PERMIT ...... 17
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 1
A. THE PANEL PROCESS
THE PANEL
This Panel was appointed under delegation on the 4th April 2005 pursuant to Sections 153 and 155 of the Planning and Environment Act 1987 to hear and consider submissions in respect of Greater Dandenong Planning Scheme Amendment C50 and Planning Permit Application 004/00389. This amendment rezones land from Rural Zone to Industrial 1 Zone. Planning Permit Application 004/00389 seeks approval for: Development of the land for the purpose of industrial/warehouse buildings, with associated car parking and landscaping; Development and use of the land for Motor Vehicle Hire; Development of the land for the purpose of a Motor Repairs building; Creation of access to a road in a Road Zone Category 1; and A reduction in the car parking requirements pursuant to Clause 52.06.
The planning authority is the City of Greater Dandenong and the proponent is Jayco Caravan Manufacturing (Jayco).
The Panel consisted of: Chairperson: David Fetterplace Member: Bob Evans
HEARINGS, DIRECTIONS AND INSPECTIONS
A Directions Hearing was held on 24th May 2005 at Planning Panels Victoria, Level 11, 80 Collins Street, Melbourne. A number of directions were made, which provided guidance for the conduct of the hearing. All were complied with and to this extent their function has been discharged. They are not reiterated here.
The Panel Hearing was held on 21st and 22nd June 2005 at Planning Panels Victoria, Level 11, 80 Collins Street, Melbourne. At the conclusion of this hearing the matter was adjourned and a number of further directions were made. The directions concerned the provision of additional information regarding the development proposal and the strategic planning of the locality surrounding the site. A copy of these directions is contained in Appendix C1.
The Panel Hearing was reconvened on 26th July 2005. At the conclusion of this hearing the matter was further adjourned to 24th August 2005 and further directions were given in relation to the provision of additional information in relation to plan details and flood management. A copy of these directions is contained in Appendix C2.
The Panel Hearing was concluded on 24th August 2005.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 2
The Panel Members undertook independent inspections of the site and surrounding areas.
SUBMISSIONS
A list of all written submissions to Amendment C50 is included in Table A.1 below.
The Panel has considered all written and oral submissions and all material presented to it in connection with this matter.
The Panel heard the parties listed in Table A.2 below.
The parties listed in Table A.3 below requested to be heard, but did not attend the hearing at their appointed time. No explanation was provided to the Panel. The Panel has considered their written submissions.
Table A.1 Submitter Organisation (if any) A.R. & B.J. Hood Janine Ridley and Darren Visser Mr Ross Morcombe Watson Pty Ltd on behalf of Kelly Bros. Mr Mark Dugay-Grist Aboriginal Affairs Victoria, Department of Victorian Communities Mr Angus Mair Country Fire Authority Mr Darren McArdie Melbourne Water Mr C Bonar Gasnet Australia Mr Martin O'Shaughnessy Environment Protection Authority Mr Charles Brincat SPI Powernet Pty Ltd Mr Alan Gundry VicRoads Mr Doug Sceney Department of Primary Industries Mr David Grace Department of Siustainability and Environment Mr Terry Dagleish South East Water Limited
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 3
Table A.2 Submitter Represented By City of Greater Dandenong Mr Warren Wood, Mr Jodie Bosman Jayco Caravan Manufacturing Mr Jack Kraan of Focus Creative Development Solutions. He called the following witnesses: Ms Valerie Mag, Flooding and storm water management consultant of Stormy Water Solutions. Mr Russell Fairlie, Traffic Engineer of Ratio Consultants Pty Ltd VicRoads Mr. Alan Gundrey, Planning Officer Mr Alan Hood (Further written submission received following the adjournment of the hearing on 22 June 2005)
Table A.3 Submitter Organisation (if any) Mr Ross Morcombe Watsons Pty Ltd on behalf of Kelly (Further written submission received Bros. prior to the hearing) Ms Janine Ridley (Further written submission received subsequent to adjournment of hearing on 22 June 2005)
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 4
B. STRATEGIC ASSESSMENT GUIDELINES
The tables in this appendix examine the Amendment against Ministerial Direction No.11 - Strategic Assessment Guidelines and Ministerial Direction 9 – Metropolitan Strategy. Where relevant matters raised in these guidelines have been raised in submissions or where the Panel considers that the guidelines have not been responded to, this is discussed in the text of the report above. The presence of such discussion is indicated in the table below, with a reference to the section where the relevant response(s) may be found. Where relevant matters raised in these guidelines have not been responded to in the text above, because they were not referred to in submissions and do not appear to raise significant issues, a summary response is provided here.
Table B.1 Ministerial Direction No.11, Strategic Assessment Guidelines Strategic Issue Response or Reference Is an amendment necessary? The amendment partially implements the Government’s decision in November 2003 to amend the Urban Growth Boundary and extend the Dandenong South Industrial area. While the development sought under permit application PLN04/0389, under consideration concurrently with the amendment, may be permitted under the existing Rural 1 zone the amendment will provide greater certainty for the investment proposed in relation to this permit. Does the amendment comply The amendment complies. with the requirements of the Planning & Environment Act? Does the amendment support Considered in Section 5 above. or implement the SPPF? How does the amendment Considered in Section 5 above. While the support or implement the amendment may not be consistent with aspects LPPF, and specifically the of the current provisions LPPF, this MSS? inconsistency will be removed with the impending implementation of amendments to the planning scheme that will address the changes to the LPPF required as a result of the Government’s relocation of the Urban Growth Boundary in 2003. Does the amendment make The amendment makes no statutory changes. proper use of the VPP?
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 5
Strategic Issue Response or Reference How does the amendment The amendment includes no referral or address the views of relevant consultation requirements that have a bearing on agencies? agency functions. The conditions on the proposed planning permit have been amended to satisfactorily address the requirements of the relevant agencies. Have the resource and The planning authority has considered the administrative implications of resource and administrative implications of the the amendment for the amendment. The Panel finds that, on the basis of responsible authority been the information provided to it, the amendment properly considered? provides an appropriate balance between resources, administrative costs and community benefit.
Table B.2 Direction No.9, Metropolitan Strategy Requirement Response or Reference What aspects of the The Explanatory Statement satisfactorily Metropolitan Strategy are identifies the relevant matters in the relevant? Metropolitan Strategy. Also see Section 3.1.3. How does the Metropolitan Considered in Section 5.1.1. Satisfactorily Strategy affect the described in the Explanatory Statement. amendment? Is the amendment consistent Considered in Section 5.1.1. Satisfactorily with any directions and described in the Explanatory Statement. policies in the Metropolitan Strategy? Does the amendment support Considered in Section 5.1.1 and 5.1.2. or assist the implementation Satisfactorily described in the Explanatory of the Metropolitan Strategy? Statement. Will the amendment No. compromise the implementation of the Metropolitan Strategy?
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 6
C. PANEL’S DIRECTIONS
C1 – Panel’s Directions dated 23 June 2005
C2 – Panel’s Directions dated 17 August 2005
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 7
C1 – Panel’s Directions dated 23 June 2005
Enquiries: (03) 9655 8744 Contact: Miss Diana Michetti Reference: PL-SP/03/0735
23 June 2005
As Addressed
Dear Sir/Madam
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 & PLANNING PERMIT PLN 04/0389
The Panel appointed to consider submissions to Amendment C50 and draft Planning Permit PLN 04/0389 conducted public hearings in relation to those submissions on Tuesday 21st June and Wednesday 22nd June 2005. At the conclusion of the hearing on 22nd June, the Panel adjourned the hearing to Tuesday 26th July 2005. The Panel hearing will be reconvened at 9.30 am on that date at the same venue as the initial hearing sessions (Planning Panels Victoria, 11th floor, Nauru House, 80 Collins Street, Melbourne).
At the conclusion of the hearing on 22nd June, the Panel gave the following directions:
1. The Proponent (Jayco Pty Ltd) is to provide to the Panel a revised plan(s) of the proposed use and development. This plan is to be prepared in consultation with Council and VicRoads and will form the basis for the plan to be referred to in Condition 1 of the permit for subsequent endorsement by Council.
2. The revised plan(s) is to incorporate: The design treatment of the intersection of the Jayco site access road (the Jayco road) with Dandenong - Frankston Road according to the agreed function of the site access road (as a local site access road or a through route to access proposed industrial areas to the east). The provision of a roundabout or other arrangement to facilitate access to other parts of the Jayco site located at a suitable distance from the Dandenong - Frankston Road that ensures adequate queuing distance from the intersection for westbound traffic exiting the Jayco site, according to the function of the Jayco road. The provision of sufficient westbound lanes to facilitate exit from the Jayco site according to the function of the Jayco road.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 8
A diagram indicating the cross-sectional treatment of the Jayco road according to its function within the site, ie the Jayco road cross section may vary within the site and such variations are to be shown. The location and dimensions of a suitable road reserve within the Jayco site for the Jayco road in the event that the road is to serve as a public carriageway. The provision of a bus stop in Dandenong Frankston Road conveniently located for access to the Jayco site. The location, siting and access arrangements for the proposed café/take away. Points of access from the Jayco site to any future recreational pathway that may be provided along the contour drain easement. The identification of the location of the remnant River Red Gum on the site and a plan note providing for its protection and retention.
3. The parties are required to provide advice to the Panel on the envisaged responsibilities of the proponent in respect of the Jayco road and intersection treatment construction in respect of the first stage of development of the site, ie as currently sought for approval.
4. Council is to prepare an amended version of the draft planning permit PLN 04/0389 that incorporates: Modifications to the uses and development provided for under the permit as may be agreed. Modifications to condition 1 as may be required, including the deletion or modification of Condition 1.2. Modifications to Condition 3 to provide for the general scope of the development contributions to be paid and the principles to be applied in the apportionment of public infrastructure costs to be paid by Jayco Pty Ltd. A proposed condition in respect of the details of the café-take away food outlet and its operation. A condition in respect of a future subdivision of the Jayco site that may be required in order to provide a public road reserve. Modified/additional conditions as required by the various referral agencies/authorities.
5. VicRoads is required to provide advice to the Panel in respect of the following matters: Comment on the further expert evidence tabled by Mr Russell Fairlie of Ratio Consultants at the Panel hearing on 21st June 2005 (Reference: 6085#panelreport2a.doc). Advice in respect of the location and nature of access requirements from Dandenong Frankston Road to service the future traffic within the block bounded by Dandenong Frankston Road, Colemans Road, Taylors Road, Bayliss Road, Westernport Highway and Glasscocks Road based on its future use for industrial purposes. An explanation of the basis for limiting intersection provision on the eastern side of Dandenong Frankston Road, between Coleman Road and Glasscocks Road to a single point.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 9
6. VicRoads is to provide the above advice to the Panel and the other parties listed in the table below by close of business on Thursday, 7th July 2005.
Hard copies forwarded to the Panel should be unbound and double hole punched.
Name Copies Planning Panels Victoria 3 Alan Hood 1 Janine Ridley 1 VicRoads 1 Kelly Brothers Market Gardeners 1 c/- Watsons Pty Ltd City of Greater Dandenong 1
Please note that under Section 159 of the Planning and Environment Act 1987, a Panel may refuse to hear any person who fails to comply with a direction of the Panel.
Yours sincerely
Diana Michetti Panel Co-ordinator Planning Panels Victoria
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 10
C2 – Panel’s Directions dated 17 August 2005
Enquiries: (03) 9655 8744 Contact: Miss Diana Michetti Reference: PL-SP/03/0735
17 August 2005
As Addressed
Dear Sir/Madam
RE: GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 & PLANNING PERMIT 04/0389
The Panel Hearing in relation to the above matters was reconvened on Friday 29 July 2005. At the conclusion of that Hearing, the Panel adjourned the hearing to Wednesday 24 August 2005 commencing at 9.30am and gave the following directions:
1. The plm ans tabled on behalf of Jayco Pty Ltd (Reference Drawing No. E2803CP_02V6.dwg and E2803CP_03V6.dwg by KLM Spatial dated 28th July 05) are accepted by the Panel as the basis for the plans required in relation to the Panel’s Direction 1 of 23rd June 2005 and for refinement and detailing as necessary in consultation with Council and VicRoads, taking into account the matters referred to in the following Directions.
2. The plans shall show the details of the road layout and proposed road reserve to provide for the satisfactory Stage 3 development of the area (provision for the access needs of the proposed industrial areas to the south and east) and the specific road layout and traffic management details required for access to the Stage 1 development of the Jayco site.
3. Jayco Pty Ltd shall provide written advice to the Panel from a qualified flooding/storm water management expert on the suitability of the revised wetland provision on the site as shown on the plan in relation to flood management of the site and adjacent areas.
4. Council shall provide advice to the Panel on the means proposed to implement the future extension of the access road to the Jayco site to serve the future industrial development areas to the south and east.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 11
5. The requirements of Panel Directions 2, 3 and 4 of 23rd June 2005 generally remain (satisfaction of Directions 5 and 6 by VicRoads is noted), subject to any variations required for consistency with these Directions or as a consequence of the proposed revised layout referred to in Direction 1 above.
All of the above information is to be provided to the Panel at the reconvening of the hearing on 24 August 2005.
The Panel Hearing will be reconvened at 9.30 am on Wednesday, 24 August 2005 at Planning Panels Victoria, 11th Floor, Nauru House, 80 Collins Street, Melbourne.
Please note that under Section 159 of the Planning and Environment Act 1987, a Panel may refuse to hear any person who fails to comply with a direction of the Panel.
Yours sincerely
Diana Michetti Panel Co-ordinator Planning Panels Victoria
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 12
D. FINAL REVISED PLANS
Revised plans (Version 10, see Section 8.1 for details) submitted on behalf of Jayco to the Panel on 24th August 2005 as the basis for the issue of Planning Permit 04/0389.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 13
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 14
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 15
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 16
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 17
E. RECOMMENDED PERMIT
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 18
THE PERMIT ALLOWS: 1. Development of the land for the purpose of industrial/warehouse buildings, with associated car parking and landscaping. 2. Development and use of the land for the purpose of Motor Vehicle and Caravan Hire and/or sale. 3. Development of the land for the purpose of a Motor Repairs building. 4. Creation of access to a road in a Road Zone Category 1. 5. A reduction in the car parking requirements pursuant to Clause 52.06 of the Greater Dandenong Planning Scheme. 6. Subdivision of the land to provide for the creation of road reserves. All in accordance with the endorsed plans.
THE FOLLOWING CONDITIONS APPLY TO THIS PERMIT.
1. Before the development starts, three (3) copies of an amended plan/plans drawn to scale and dimensioned, must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be generally in accordance with the plans prepared by KLM Spatial, Drawing Nos E2803CP_01V10, 02V10, 03V10 and 04V10submitted with the application, or some other specified plans, but modified to show: 1.1 Provision of a full set of scaled and dimensioned elevation plans for each building and site layout plans generally in accordance with Drawing No. E2803CP_01V10.dwg, E2803CP_02V10dwg, E2803CP_03V10.dwg and E2803CP_04V10.dwg by KLM Spatial all dated 23rd August 05. 1.2 Other matters to address conditions of this permit (e.g. Conditions 26, 27, 31, 32, and 33) 1.3 Landscaping plan in accordance with condition 29.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 19
1.4 Provision shall be made for 562 car parking spaces on the plan, including 12 spaces for car/caravan combinations located close to the servicing area. 1.5 Plan indicating Stage 1 road construction details, parking details and road reservation details to provide for additional road works for Stages 2 and 3”. 1.6 The remnant Red Gum on the northern part of the site is to be shown on the plan and annotated as a ‘tree to be retained’.” 2. The development as shown on the endorsed plans must not be altered without the written consent of the Responsible Authority. 3. Prior to the endorsement of plans, (unless otherwise agreed to by the Responsible Authority (Greater Dandenong City Council)) the owner must enter into an Agreement pursuant to Section 173 of the Planning and Environment Act with the Responsible Authority (Greater Dandenong City Council)providing for: 3.1 The payment of development contributions as agreed between the Responsible Authority and the owner of the land and generally in accordance with the development contributions specified in the Greater Dandenong Planning Scheme under the Development Plan Overlay - Dandenong South Industrial Area (which may be applied to the subject land within ten years of the date of this permit) upon request. 3.2 The Agreement to run for a period of ten years from the date of sealing the Agreement. 3.3 The agreement shall cease to have any force or effect after the time specified in Condition 3.2 above or unless a contribution requirement has been paid prior to such date. 3.4 The applicant to cover all costs relating to the preparation and registration of the Agreement on the Title to the land (including costs incurred by the Responsible Authority). All to the satisfaction of the Responsible Authority 4. Prior to the occupation of any building, the owner must have a plan of subdivision approved by the Registrar of Titles which shall create roads in accordance with the endorsed plans and the requirements of VicRoads and to the satisfaction of the Responsible Authority.
5. The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity, gas and telecommunication services to each lot shown on the endorsed plan in accordance with that authority's requirements and relevant legislation at the time.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 20
6. All existing and proposed easements and site for existing or required utility services and roads on the land must be set aside in the Plan of Subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created. 7. The Plan of Subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act. 8. With in eighteen months of the occupation any of the buildings, landscaping works as shown on the endorsed plan/s must be completed and then maintained, all to the satisfaction of the Responsible Authority. 9. Once the development has started, it must be continued and completed, all to the satisfaction of the Responsible Authority. 10. The finishes of the building must be of a non-reflective nature. Cladding materials must be coloured or painted in muted shades of green, brown or in colours approved by and to the satisfaction of the Responsible Authority within twelve (12) months of completion of the building. All finishes must be maintained all to the satisfaction of the Responsible Authority. 11. Floor levels shown on the endorsed plan(s) must not be altered or modified without the further written consent of the Responsible Authority. 12. The loading and unloading of goods from or to vehicles must only be carried out on the land, all to the satisfaction of the Responsible Authority. 13. Before the use of the land starts, parking must be provided for 562 car spaces including 12 car/caravan combination spaces located close to the servicing area. Areas set aside for the parking of vehicles and access lanes as shown on the endorsed plans must be: 13.1. Constructed in accordance with the endorsed plan/s. 13.2. Properly formed to such levels that they can be used in accordance with the plans. 13.3. Surfaced with an all-weather seal-coat. 13.4. Drained to the legal point of discharge. 13.5. Line-marked to indicate each car space and all access lanes Parking areas and access lanes must be kept available for these purposes at all times. All to the satisfaction of the Responsible Authority. 14. The operator under this permit must make all reasonable attempts to ensure that no vehicle under the operators control, or the operator's staff, are parked in the streets nearby, all to the satisfaction of the Responsible Authority. 15. The car parking provided on the land must always be available for use by persons employed on or visiting the subject premises and no measures may be taken to restrict access to the car park by such persons, all to the satisfaction of the Responsible Authority.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 21
16. The car parking spaces for disabled persons designated on the endorsed plans must be clearly set aside for such a purpose and must not be used for any other purpose. 17. Construction of roads, drainage, and associated works must be in accordance with endorsed plan and construction plans and specifications approved by Council and must include, but not limited to: • Amenity control during construction. • Cross section of the Road Reserve as per Council standards • Road pavement design/makeup. • Drainage system design/layout. • Kerb and channel. • Service Conduit Plan • Planting of Street Trees. • Filling of land/placement/material to AS3798. • Underground electricity power supply. • Street lighting. • Access to Lots. • Manoeuvrability for Service Vehicles. • Supply of as built drawings. • Fencing between reserve and allotments All to the satisfaction of the Responsible Authority. 18. Stormwater discharge is to be retained to the pre-development peak stormwater discharge. 19. The amenity of the area must not be detrimentally affected by the use or development on the land, through the: 19.1. Transport of materials, goods or commodities to or from the land, 19.2. Appearance of any stored goods or materials. 19.3. Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil. All to the satisfaction of the Responsible Authority. 20. The use and development on the site must comply at all times with the provisions of Clause 33.01–Industrial 1 Zone and Clause 52.10 – Uses with Adverse Amenity Potential of the Greater Dandenong Planning Scheme. 21. All buildings and works must be maintained in good order and appearance to the satisfaction of the responsible authority. 22. All plant and equipment must be installed and located so that it does not adversely affect the amenity of the area due to the emission of noise, all to the satisfaction of the Responsible Authority. 23. The site shall be kept in a neat and tidy condition at all times, all to the satisfaction of the Responsible Authority.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 22
24. Where required, bulk waste collection bins or approved alternative may be provided, but shall be contained in a suitably screened and accessible area, all to the satisfaction of the Responsible Authority. 25. Provision must be made for the drainage of the site including landscaped and pavement areas, all to the satisfaction of the Responsible Authority. 26. The design of the wetland areas shall make provision for the establishment of suitable fauna habitat to the satisfaction of the Responsible Authority. 27. A gravel surfaced bicycle and walking path on or adjacent to the alignment of the Eastern Contour drain where it abuts the site shall be provided to the satisfaction of the Responsible Authority. 28. All wastes must be disposed of to the satisfaction of the Responsible Authority and no liquid waste or polluted waters shall be discharged into a sewer or stormwater drainage system. 29 A landscape plan for the site prepared by a person suitably qualified in landscape design shall be submitted to the Responsible Authority. The details of that person's qualifications must be given and the plan must show existing vegetation to be retained, all proposed trees, shrubs and ground cover, including the botanical names and sizes at maturity of all plants and the location of all areas to be covered by grass, lawn or other surface material to be specified. Unless with the consent of the Responsible Authority the development of the land shall not be commenced until such time that the submitted plan has been approved by the Responsible Authority. An endorsed copy of the approved plan shall form part of this permit. 30. All existing vegetation shown on the endorsed plan/s to be retained must: 30.1 Be suitably marked before any development starts on the site and be adequately protected from damage during the construction process; and 30.2 Retained unless their location or condition is likely to cause damage. All to the satisfaction of the Responsible Authority. 31. Conditions required by VicRoads 31.1 The applicant must submit a clear plan to the satisfaction of the Responsible Authority showing intended development of the entire site. A revised Traffic Impact Assessment Report, including a revised SIDRA analysis and staging plan, addressing the full development of the site in accordance with the above plan and allowing for ten years traffic growth on Dandenong Valley Highway, shall be prepared to VicRoads satisfaction.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 23
31.2 All access to the site from Dandenong Valley Highway must be via a single signalised intersection to the standards required in “Austroads – Guide to Traffic Engineering Practice – Part 5 – Intersections at Grade”, all to the satisfaction of VicRoads. The internal road network to distribute the traffic shall be to the satisfaction of VicRoads and the Responsible Authority. 31.3 A 1.0 metre wide plantation reserve to the satisfaction of the Responsible Authority must be provided across the Dandenong Valley Highway frontage of the site to prohibit vehicular access except at locations approved by VicRoads. 31.4 The applicant is required to undertake the following works: 31.4.1 Design and construction of a signalised access to the site on Dandenong Valley Highway to the satisfaction of VicRoads. 31.4.2 Assess the ability of the existing Dandenong Valley Highway pavement, in the vicinity of the new signalised access, to withstand the braking and turning of heavy vehicles associated with the installation of a signalised intersection at this location. Such assessment shall be carried out in accordance with:– * “AUSTROADS Pavement Design, A Guide to the Structural Design of Road Pavements (2004)”. * “VicRoads Code of Practice RC 500.22 – Selection and Design of Pavements and Surfacings”. * “VicRoads – Technical Bulletin No. 40 – Pavement Investigation – Guide to Field Inspection and Testing”. Any required remedial treatments, identified to the satisfaction of VicRoads, shall be undertaken as part of the construction of the signalised intersection. 31.4.3 Design and construction of indented bus bays on Dandenong Valley Highway on the departure sides of the signals, with connecting footpaths to the traffic signals and the internal street system to the satisfaction of the Responsible Authority. 31.4.4 Design and installation of street lighting at the new signalised intersection and for two approach spans in each direction along Dandenong Valley Highway to the standards required in “Austroads – Guide to Traffic Engineering Practice – Part 12 – Roadway Lighting”, all to the satisfaction of VicRoads. 31.5 Prior to the commencement of works, a detailed functional layout must be submitted to VicRoads and the Responsible Authority for approval. 31.6 Subsequent to the approval of the detailed functional layout, public lighting layout and traffic signal layout, a detailed engineering layout must be submitted to VicRoads for approval. When the detailed engineering layouts are approved, an additional copy must be submitted to VicRoads for surveillance purposes.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 24
31.7 Prior to the commencement of road works, the developer must contact Team Leader- VicRoads Improvement Projects Department (Telephone No. 9881-8080) for the following requirements: 31.7.1 Provide payment to VicRoads for the cost associated with the supply and installation of traffic signals plus the predetermined cost of 10 years traffic signal maintenance. VicRoads will arrange for installation of traffic signals once payment has been received. 31.7.2 Provide a bank guarantee (in the name of the developer) without a termination date, to VicRoads for the estimated cost of works. 31.7.3 Provide evidence that the Contractor has a public liability insurance policy for at least $10 million, effective for the duration of the works. 31.7.4 Provide VicRoads with the name, address, business and out- of-hours telephone number of the principal road works contractor. 31.7.5 Submit to VicRoads for approval, a Traffic Management Plan showing the proposed provision for traffic and signing for the duration of the works, at least 21 days prior to the commencement of the works. The Traffic Management Plan must meet the requirements of the VicRoads Worksite Traffic Management (Road works Signing) Code of Practice which incorporates AS1742.3 – 2000. Traffic management/control must be carried out by suitably trained personnel. 31.7.6 Arrange for the contractor to contact the VicRoads Surveillance Coordinator (Telephone No. 9881-8079), at least 7 days prior to the commencement of works. Note: The contractor will be charged for the actual cost of VicRoads surveillance, which may be undertaken at certain key times during the works. 31.7.7 Provide evidence that the contractor has developed and maintained a Quality Management System, Occupational Health and Safety System, Environmental Management System and Traffic Management System, to the satisfaction of VicRoads. 31.8 The developer must pay the full cost of all road works, drainage, road safety devices, service relocations, civil works, public lighting, traffic signals and any other associated costs i.e. all works to be complete at no cost to VicRoads.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 25
31.9 The applicant shall prepare a plan of subdivision providing for the creation of a public road between the proposed access to the development at Frankston Dandenong Road, and another boundary of the subject site, to the satisfaction of the VicRoads and the Responsible Authority. The land to be labelled “ROAD” on the plan of subdivision shall vest in the City of Greater Dandenong upon certification of the Plan of Subdivision. All matters relating to the creation of the “ROAD” shall be undertaken at no cost to VicRoads. 32. Conditions required by Melbourne Water 32.1 Financial/construction arrangements for the drainage infrastructure, satisfactory to Melbourne Water are to be made prior to the development connecting into the existing Melbourne Water drainage system. 32.2 Finished floor levels of any new building are to be constructed to a minimum level of 8.80m to Australian Height Datum. 32.3 Wetland/flood detention pondages are to be provided within the development in accordance with updated plans as per the revised proposals shown on the plans listed in condition 1.1, and in accordance with the principles included in the Neil Craigie Pty Ltd ‘Surface Water Management Strategy’ report dated the 3rd May 2004. This property is to provide for a minimum flood storage of 80,000m³ at 8.10m AHD. 32.4 All wetland/flood detention pondages and link pipelines including those proposed to link wetlands on neighbouring properties to the Jayco site wetlands are to be covered by easements to the satisfaction of the Melbourne Water. 32.5 No internal drainage connections are to be made to the link pipelines. All site drainage is to be connected to the wetlands via course sediment trap inlets. 32.6 Stormwater runoff from the property is to be treated according to the Urban Stormwater Best Practice Environmental Management Guidelines. Evidence will need to be provided indicating performance, by way of submission of a MUSIC model. 32.7 Roads between the proposed ponds are to be designed to safely convey overland/spillway flows. 32.8 The existing Eastern Contour Drain southern levee is to be reinstated and reinforced along the northern boundary of the site. 32.9 Engineering Plans of the development are to be forwarded to Melbourne Water for approval. These are to indicate overland flow paths and flood levels. 32.10 A Certified Survey Plan will be required following construction, showing that the required floor, road and wetland spillway levels have been attained.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 26
32.11 At least 21 days before construction commences, a Site Management Plan detailing pollution and sediment control measures during the clearing, construction and post-construction works phases of the development must be submitted to Melbourne Water. 32.12 No polluted and/or sediment laden runoff is to be discharged directly or indirectly into Melbourne Water’s drains or watercourses. 33. Conditions required by the CFA Water Supply Requirement 33.1 Fire hydrants must be supplied to the satisfaction of the CFA. The fire hydrants must be provided for the development meeting the requirements of Australian Standard 2419.1. 33.2 Three copies of water reticulation drawings must be provided to CFA for approval. Access Requirement 33.3 Access around the development must be designed to allow emergency vehicles access. The minimum design requirements are as follows: 33.3.1 Curves in access ways must have a minimum radius of 10m; 33.3.2 The average grade must be no more than 1 in 7 (14.4%) (8.1°) with a maximum of no more than a 1 in 8 (12.5%) (7.1°) entry and exit angle. 33.3.3 Dips must have no more than a 1 in 8 (12.5%) (7.1°) entry and exit angle. 33.3.4 Must be designed, constructed and maintained for a load limit of at least 15 tonnes, to be all weather construction; and 33.3.5 Must provide a minimum trafficable width of 3.5metres, be clear of encroachments 4m vertically and have no obstructions within one metre of the formed width of the road, to the satisfaction of the Responsible Authority. 34. Except where provided for under this permit, the development and use of the site for the purpose of Motor Vehicle and Caravan Hire and/or Sales must comply with the provisions of Clause 52.14 of the Greater Dandenong Planing Scheme all to the satisfaction of the Responsible Authority. 35. Department for Communities - Aboriginal Affairs Victoria Conditions. 35.1 Works must cease immediately upon the discovery of any Aboriginal cultural material, and Aboriginal Affairs Victoria must be notified immediately of any such discovery.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 27
35.2 If any suspected human remains are found, work in the area must cease. Victoria Police and the State Coroner's Office (telephone 9684 4444) must be informed of the discovery without delay. If there are reasonable grounds to suspect that the remains are Aboriginal, the discovery should also be reported to the Department of Sustainability and Environment's Emergency Co-ordination Centre on (telephone)1300 888 544. 35.3. If any suspected human remains are found, work in the area must cease. Victoria Police and the State Coroner's Office (telephone 9684 4444) must be informed of the discovery without delay. If there are reasonable grounds to suspect that the remains are Aboriginal, the discovery should also be reported to the Department of Sustainability and Environment's Emergency Co-ordination Centre on (telephone)1300 888 544. 36. Environmental Protection Authority Conditions. 36.1 Only clean fill material as defined in Environment Protection Authority Information Bulletin, Publication No.448 "Classification of Wastes" must be used in the development of the site. 36.2 All sites must be connected to a reticulated sewer system or alternatively be capable of treating and retaining all wastewaters generated onsite within the boundaries of the site. 36.3 To help minimise environmental problems associated with sediment run-off, any clearing or construction activity associated with development on the subject land, must be carried out in accordance with Environment Protection Authority publications 'Construction Techniques for Sediment Pollution Control' Publication No. 275 and Environmental Guidelines for Major Construction Sites' Publication No. 480. 36.4 Measures to protect watercourses from sediment pollution and other pollutants arising from construction activities must be applied before earthworks begin on-site. 37. The owner of the land must enter into agreements with the relevant authorities for the provision of water supply, drainage, sewerage facilities, electricity, gas and telecommunication services to each lot shown on the endorsed plan in accordance with that authority's requirements and relevant legislation at the time. 38. All existing and proposed easements and site for existing or required utility services and roads on the land must be set aside in the Plan of Subdivision submitted for certification in favour of the relevant authority for which the easement or site is to be created. 39. The Plan of Subdivision submitted for certification under the Subdivision Act 1988 must be referred to the relevant authority in accordance with Section 8 of that Act.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 28
40. This permit will expire if:- 40.1 The development does not start within two (2) years of the date of this permit, or 40.2 The development is not completed within four (4) years of the date of this permit, or 40.3 The use does not start within one (1) year of the completion of the development, or 40.4 The use is discontinued for a period of two (2) years. Before the permit expires or within three (3) months afterwards the owner or occupier of the land may in writing request the Responsible Authority to extend the expiry date. Notes A Building Approval may be required prior to the commencement of the approved works. A Vehicle Crossing Permit must be obtained from Council for all vehicular crossings prior to construction of the crossings. Prior to the final design being completed, the applicant should consult with Council's Infrastructure Planning Department in regard to the legal point of discharge for this site. If further information is required in relation to Melbourne Water’s permit conditions shown above, please contact Darren McAdie on telephone 9235 2188, quoting Melbourne Water’s reference 74038. The Neil M Craigie Pty Ltd ‘Surface Water Management Strategy’ report makes a number of recommendations and conclusions regarding the development. Melbourne Water has no objection to the report, however would need to further assess any proposal that differs from the conditions given above. “The Stephen D’Andrea layout plans supplied with the application are to be updated in accordance with the plans listed in clause 1.1, and are to include link pipes as required between pondages as per the principles spelt out in the Neil M Craigie Pty Ltd report. Melbourne Water acknowledges that the layout may change, provided the requirement of flood storage is satisfied.” The Best Practice Environmental Management Guidelines for Urban Stormwater (The Stormwater Committee, 1999) may be used as a guide when developing site controls to minimise sediment laden runoff and stormwater pollution during construction. Section 6.3, titled Construction Activity, of these guidelines provides a useful checklist to develop a site management plan. All Aboriginal sites, places and objects in Victoria are protected under the Commonwealth Aboriginal and Torres Strait Islander Heritage Protection Act 1984 and the Victorian Archaeological and Aboriginal Relics Preservation Act 1972. It is an offence to wilfully deface, damage or otherwise interfere with an Aboriginal object or place without obtaining prior written consent from the relevant local Aboriginal community, as listed in the Schedule to the Commonwealth Act.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005 Appendices Page 29
Where it is suspected that works may impact on Aboriginal cultural heritage objects or places the applicant should make provision for a heritage impact assessment of the area by a suitably qualified heritage consultant in conjunction with representatives of the relevant Aboriginal stakeholders. Information on Aboriginal interests relating to the project area may be obtained by the relevant Regional Cultural Heritage Program (RCHP). The Aboriginal Affairs Victoria web site at http://www.dvc.vic.gov.au/aav/lac.htm includes maps and contact lists relating to local Aboriginal communities and at http://www.dvc.vic.qov.au/aav/rchp.htm for maps and contact lists relating to the RCHP. Further, if the proposal includes Crown land, it may be necessary to consult with any parties who hold native title interests in the area.
GREATER DANDENONG PLANNING SCHEME AMENDMENT C50 PANEL REPORT: OCTOBER 2005