Healesville – Road – Stage 1A

(Koo Wee Rup Bypass)

Incorporated Document VicRoads

September 2012

Incorporated document pursuant to section 6(2)(j) of the Planning and Environment Act 1987 1.0 INTRODUCTION

This document is an incorporated document in the Schedule to Clause 52.03 and Clause 81 of the Cardinia Planning Scheme pursuant to section 6(2)(j) of the Planning and Environment Act 1987. It consists of the written provisions of this document and the attached project area plans.

Pursuant to Clause 52.03 of the Cardinia Planning Scheme, the land identified in this document may be developed in accordance with the specific controls contained in the document. The controls in this document prevail over any contrary or inconsistent provision in the Cardinia Planning Scheme.

The Incorporated Document provides planning approval to allow the construction of Stage 1A of the upgrading of the Healesville – Koo Wee Rup Road between the Pakenham Bypass and the provided the conditions in the Incorporated Document are met. No further planning approval is required to use and develop the land generally in accordance with the Incorporated Document.

The Incorporated Document applies to Stage 1A of the project only with the additional stages requiring further planning approval at the relevant time.

2.0 LAND DESCRIPTION

The control in Section 5.0 of this document applies to the land required for Stage 1A of the upgrading of Healesville – Koo Wee Rup Road between the Pakenham Bypass and the South Gippsland Highway. The land for the whole project including Stage 1A is shown as “Project Area” on the plans attached to this document.

3.0 PROJECT STAGES

The overall project will be constructed over three distinct stages as shown in Figures 1 and 2 and involves all necessary works and development associated with a road project.

 Stage 1A ‘Koo Wee Rup Bypass’: Construction of a single carriageway bypass of Koo Wee Rup.  Stage 1B ‘ Duplication’: Upgrading of the road between the Pakenham Bypass and Koo Wee Rup to a divided road standard.  Stage 2 ‘Longer-term Development’: Conversion of the route to freeway standard including a new link to the Pakenham Bypass, the conversion of roundabouts to interchanges, and construction of an interchange with the South Gippsland Highway. This Incorporated Document applies to Stage 1A only with the additional stages requiring further planning approval at the relevant time. B 1

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Figure 1 – Initial Development Stages 1A & 1B Figure 2 – Longer-term Development Stage 2 4.0 APPLICATION OF PLANNING SCHEME PROVISIONS

Despite any provision to the contrary or any inconsistent provision in the Cardinia Planning Scheme, no planning permit is required for, and nothing in the Planning Scheme operates to prohibit or restrict the development or use of land in the Project Area for roadworks, or ancillary works including earthworks and associated structures, and removal, destruction and lopping of native vegetation, or any other vegetation.

Activities ancillary to the above-mentioned matters, include but are not limited to:

 Establishment of storage areas for construction purposes;

 Establishment of temporary site works compounds;

 Erection of construction and operational signage;

 Demolishing buildings, structures and works;

 Erection of fencing;

 Excavation for investigation purposes;

 Constructing temporary access roads, diversion roads and vehicle parking areas;

 Creating or altering access to a road;

 Constructing or carrying out works to alter or relocate utility services; and

 Subdividing and consolidating land, which is required for the construction of Stage 1A of the project,.

This control is subject to the conditions in Section 5.0 of this document.

Any use, building, works, subdivision or demolition that is required to be undertaken as part of this project and would not require a permit under Clause 62 of the Cardinia Planning Scheme is not subject to the conditions in Section 5.0 of this document.

5.0 CONDITIONS - STAGE 1A – KOO WEE RUP BYPASS

The following conditions apply to Stage 1A:

Road Layout and Alignment

1. Stage 1A - Koo Wee Rup Bypass must be constructed generally in accordance with the layout, alignment and design shown in the Project Area Plan attached to this document.

Environmental Management Framework (EMF)

2. Prior to the commencement of Stage 1A, an EMF must be prepared for the whole project and be submitted to and endorsed by the Secretary of the Department of Planning and Community Development (DPCD) or his delegate. The EMF must: a. Apply to the whole project to manage its staged delivery over an extended time frame; b. Outline measures to avoid, mitigate and offset ecological and any other identified impacts; c. Outline the proposed adaptive management strategies proposed for following Stage 1B and Stage 2 of the project; and d. Guide the development of the Project Environment Protection Strategy (PEPS).

Fauna Management Plan (FMP) 3. Prior to the commencement of works, A FMP generally in accordance with the Koo Wee Rup Bypass Fauna Management Plan (June 2012) prepared by Ecology , must be submitted to and endorsed by the Department of Sustainability and Environment (DSE) and the Department of Sustainability, Environment, Water, Population and Communities (DSEWPaC). 4. The works for Stage 1A must be undertaken generally in accordance with the endorsed FMP.

Native Vegetation Offset Management Plan (NVOMP) 5. Prior to the commencement of works, a NVOMP for Stage 1A must be submitted to and endorsed by DSE. The NVOMP must provide an estimate of vegetation removal and identify the offsets required for Stage 1A and also consider impacts within Stages 1B and 2. Offsets are to be sourced and secured in accordance with the DSE – DOT Memorandum of Understanding for Native Vegetation Offsets (June 2010).

Cultural Heritage Management Plan (CHMP) 6. Prior to the commencement of works, a CHMP for Stage 1A must be prepared in consultation with Aboriginal Affairs (AAV), and any relevant Registered Aboriginal Party. 7. The development must be carried out generally in accordance with the endorsed CHMP.

Landscape Plan 8. Prior to the commencement of works, a Landscape Plan for Stage 1A must be submitted to and endorsed by the Secretary of DPCD or their delegate after consultation with the Cardinia Shire Council. 9. The development must be carried out generally in accordance with the Landscape Plan.

Drainage 10. Prior to commencement of works, the final design of drainage structures for Stage 1A must be submitted to and endorsed by Water.

Final Plan 11. Prior to the commencement of works associated with Stage 1A a Final Plan or Plans must be submitted to and endorsed by the Secretary of DPCD or their delegate. 12. The use and development must be carried out generally in accordance with the endorsed plans. 13. The layout of the site and the proposed buildings and works as shown on the endorsed plans must not be altered without the prior written consent of the Secretary of DPCD or their delegate. 6.0 EXPIRY

The control in this document expires if any of the following circumstances applies:

 The development is not started by 31 December 2015.

 The development allowed by the control is not completed by 31 December 2020.

 The use allowed by this control is not started by 31 December 2020.

The responsible authority may extend these periods if a request is made in writing before the expiry date or within three months afterwards. Project Area Plan