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Submission on Behalf of the City of Whittlesea

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Submission on Behalf of the City of Whittlesea SUBMISSION ON BEHALF OF THE CITY OF WHITTLESEA YAN YEAN ROAD STAGE 2 UPGRADE (PROJECT) ENVIRONMENT EFFECTS STATEMENT INQUIRY AND ADVISORY COMMITTEE Date of submission: 8 December 2020 [8317692: 28418687_1] YAN YEAN ROAD (STAGE 2) UPGRADE ENVIRONMENT EFFECTS STATEMENT SUBMISSION ON BEHALF OF THE CITY OF WHITTLESEA Contents INTRODUCTION....................................................................................................................................................... 3 The IAC’s Task ......................................................................................................... 4 Assessment Of Environmental Effects .......................................................................... 5 The Planning Assessment........................................................................................... 6 Project Design .......................................................................................................... 7 Design Process ......................................................................................................... 9 TRAFFIC AND TRANSPORT...............................................................................................................................11 Option A ............................................................................................................... 12 Modified Project Design........................................................................................... 13 Option C ............................................................................................................... 17 Design Refinements ................................................................................................ 21 Cookes Road .......................................................................................................... 22 BUSINESS IMPACTS..............................................................................................................................................24 Land Acquisition .................................................................................................... 26 ENVIRONMENTAL AND LANDSCAPE IMPACTS.....................................................................................27 Vegetation /Swift Parrot .......................................................................................... 27 Doreen River Red Gums .......................................................................................... 32 Surface Water......................................................................................................... 35 VISUAL IMPACTS...................................................................................................................................................36 PASSIVE AND ACTIVE OPEN SPACE .............................................................................................................39 Policy Framework................................................................................................... 39 Acquisition of Public Open Space and Sporting Facilities .............................................. 43 Doreen Recreation Reserve ....................................................................................... 46 Revised MPD Master Plan ........................................................................................ 52 Option C Reserve Master Plan .................................................................................. 55 LAND ACQUISITION AND PLANNING SCHEME IMPACTS................................................................57 CONCLUSION ..........................................................................................................................................................57 ATTACHMENTS ......................................................................................................................................................59 [8317692: 28418687_1] page 2 INTRODUCTION 1. These submissions are made on behalf of Whittlesea City Council (Council). 2. These submissions respond to the exhibited Environment Effects Statement (EES) and supporting documents, and the Draft Planning Scheme Amendment GC92 (Amendment). 3. The overarching position of Council is that the Yan Yean Road (Stage 2) Upgrade (Project) the subject of the EES should be approved. It is Council’s strong position that the IAC should determine to approve the Project. 4. However, Council considers that the Project can only comprise an acceptable outcome subject to variations detailed further in this submission. 5. Council’s key issues in relation to the Project include: a) Traffic and Transport impacts – particularly the proposed Yan Yean Road/Bridge Inn Road intersection, and its proposed impacts upon traffic and access to surrounding use and development; b) Social and Business impacts – particularly the impacts of the Project upon, namely, the Doreen Neighbourhood Activity Centre and the Doreen Recreation Reserve; c) Environmental, Landscape and Visual impacts – particularly the direct and indirect impacts of vegetation removal and habitat fragmentation on Swift Parrot habitat, and impacts upon the distinct landscape values present along the Yan Yean Road corridor; and d) Land Acquisition and Planning Scheme impacts – particularly impacts upon the Yan Yean Road/Bridge Inn Road intersection, including acquisition and reconfiguration of open space. [8317692: 28418687_1] page 3 The IAC’s Task 6. The purpose of the inquiry is to: a) review and consider the EES and public submissions received in relation to the environmental effects of the Project; b) consider and report on the potential significant effects of the Project, taking into account the draft evaluation objectives in the EES scoping requirements, the procedures and requirements of the Minister or Planning (Minister) for the preparation of the EES under section 8B(5) of the Environment Effects Act 1978 (EE Act) and the controlling provisions under the Environment Protection and Biodiversity Conservation Act 1999 (Cth,) (EPBC Act); c) identify any measures it considers necessary and effective to avoid, mitigate or manage the environmental effects of the Project to balance Project objectives with environmental, economic and social outcomes, including any necessary project modifications; and d) report its findings and recommendations to the Minister to inform his assessment under the EE Act. 7. Further, the IAC has been charged with the following tasks as an advisory committee under section 151 of the Planning and Environment Act 1987 (Vic.)(P&E Act): a) review the draft Amendment, which was prepared to facilitate the project, along with any public submissions received in relation to the draft Amendment; b) provide a report to the Minister whether the draft Amendment contains provisions and controls that are appropriate for the Project; and [8317692: 28418687_1] page 4 c) recommend any changes to the draft Amendment that it considers necessary. 8. In coming to its conclusions, the IAC (and ultimately the Minister) must engage with the policy matrix of the P&E Act, including both the Nillumbik Planning Scheme and the Whittlesea Planning Scheme (Scheme). Assessment of Environmental Effects 9. Under the EE Act, the Minister is required to undertake an assessment of the environmental effects of the particular works under consideration. The end result of that assessment is not, however, to make a decision but to inform other decisions that have to be made under other legislation. 10. The proper approach to the assessment required under the EE Act was explained by the Minister in his assessment of the Mordialloc Bypass where he observed that: a) It is ‘essential’ that his assessment ‘deals robustly with the acceptability of the environmental effects of the project’; b) While it was not necessary for a project to eliminate or avoid all environmental impacts, (i) ‘[I]mpacts should be avoided or mitigated as far as practicable’; and (ii) ‘A judgment [must] be made about whether the impacts are acceptable, having regard to the nature of the affected environmental values’.1 11. In order to deal ‘robustly’ with the environmental effects of a project, it is necessary that the Minister (and those advising him) have sufficient 1 DELWP, Mordialloc Bypass – Minister’s assessment of environment effects (June 2019), p. 11. [8317692: 28418687_1] page 5 information about the environmental effects of that project. As stated in the Second Reading Speech: One aim of this proposed legislation is to enable and encourage those responsible for designing works and proposals to seek advice and take environmental matters into account when preparing these designs. An even more direct aim is to ensure that those making decisions about works and proposals do so in the full knowledge of their significant environmental effects.2 12. This aim is reflected in the Scoping Requirements which requires that the EES:3 … should provide a clear, well-integrated analysis of the potential effects of the proposed project, including proposed avoidance, mitigation and management measures, as well as feasible alternatives. To facilitate decisions on required approvals, the EES should also address statutory requirements associated with approvals that will be informed by the Minister’s assessment. 13. Ultimately whether conditions are appropriate depends on the nature of any gaps in the information provided with the EES. The Planning Assessment 14. It is relevant and important for the Committee to identify where the community
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