Planning and Environment Act 1987

GREATER GEELONG PLANNING SCHEME

AMENDMENT C113

EXPLANATORY REPORT

Who is the planning authority?

This amendment has been prepared by the Roads Corporation trading as VicRoads, who is the planning authority for this amendment. VicRoads has been authorised by the Minister for Planning to prepare the amendment. (Authorisation No. A0073, 22nd July 2005)

Land affected by the amendment.

The amendment applies to land on a proposed alignment described as Option 1 in the Environment Effects Statement for the Geelong Bypass - Section 3 between a line 300 metres south of Hamilton Highway, Fyansford and the Princes Highway at Waurn Ponds.

Land that would be directly affected by the amendment is identified in the Planning Scheme Amendment maps 1-4. The maps define the land proposed to be included in the Public Acquisition Overlay (PAO3) and Road Zone Category 1 and to be deleted from Heritage Overlay (HO69).

Other land more generally affected by the proposed amendment includes:

• an area shown as a corridor as an opportunity for a possible future link between the Princes Highway and the Surf Coast Highway on figure 1 of proposed Clause 21.26, and • land between the proposed Geelong Bypass and the existing Princes Highway that is recommended for strategic investigation of future land use.

What the amendment does.

The amendment proposes to:

• Amend Clause 21.08 of the Local Planning Policy Framework to reflect the proposed change to the alignment of the Geelong Bypass and to recommend investigation of the potential future use of land between the existing Princes Highway and the proposed Geelong Bypass alignment in the vicinity of Waurn Ponds.

• Amend Clause 21.26 of the Local Planning Policy Framework to reflect the completion of the Princes Highway upgrade between Melbourne and Geelong, and to incorporate the findings of the Geelong Ring Road Strategic Study and the outcomes of the Environment Effects Statement (EES) process for Geelong Bypass Section 3. This includes: o Strategic recognition of a possible future road link between the Princes Highway and the Surf Coast Highway

o The investigation of options for bicycle routes adjacent to the Geelong Bypass in appropriate locations o The inclusion of the Geelong Ring Road Strategic Study (VicRoads 2002) as a reference document.

• Rezone an area of land at the proposed Barwon River crossing, Fyansford, from Public Conservation and Resource Zone to Road Zone Category 1.

• Delete a small area of land at the intersection of Barrabool Road and Three Springs Road, Ceres, from the Heritage Overlay (HO69) to the extent that it is affected by the Public Acquisition Overlay for the Geelong Bypass.

• Introduce a Public Acquisition Overlay (PAO3) to the land to be reserved and acquired by Roads Corporation for the construction of the Geelong Bypass – Section 3, and associated works.

• Amend the schedule to the Rural Zone so that a permit is not required for earthworks by or on behalf of the Roads Corporation for the Geelong Bypass and associated works.

• Amend the schedule to the Rural Living Zone so that a permit is not required for earthworks by or on behalf of the Roads Corporation for the Geelong Bypass and associated works.

• Amend Schedule 3 to the Significant Landscape Overlay so that a permit is not required for buildings and works or the removal of vegetation by or on behalf of the Roads Corporation for the Geelong Bypass – Section 3 and associated works.

• Amend the schedule to Clause 52.17 so that a permit is not required to remove, destroy or lop vegetation, to the minimum extent necessary, for works undertaken by or on behalf of the Roads Corporation for the construction of the Geelong Bypass – Section 3 between a line 300m south of the Hamilton Highway and the Princes Highway at Waurn Ponds.

Strategic assessment of the amendment

• Why is the amendment required?

The amendment is required:

• to reserve land by application of the Public Acquisition Overlay in the Planning Scheme, which will enable the Roads Corporation to acquire land for the construction of the Geelong Bypass – Section 3 and associated works.

• to allow the construction of the Geelong Bypass – Section 3 and associated works by or on behalf of the Roads Corporation without the need to obtain planning permits for use of land or the construction of buildings or works. The EES process will address the issues normally associated with the assessment of a planning permit application.

• to update the Local Planning Policy Framework of the Planning Scheme to reflect the outcomes of the EES process, the Geelong Ring Road Strategic Study and to ensure consistency with the Zones and Overlays and other requirements.

• How does the amendment implement the objectives of planning in Victoria?

The planning scheme amendment will be supportive of and assist in the implementation of the objectives of planning in Victoria as set out in Section 4 of the Planning and Environment Act 1987. In particular, Objectives 4.1(b), (d) and (e) are relevant to the amendment:

(a) to provide for the fair, orderly, economic and sustainable use, and development of land; through the selection of a preferred option for a major state and regional road which best meets these criteria

(b) to provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity; through the completion of a careful and thorough environmental investigation, responsive design and assessment process.

(c) to secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria; through its contribution to the achievement of a safe and efficient state and regional road system for local and recreational travellers alike

(d) to conserve and enhance those buildings, areas or other places which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value; by consideration and mitigation of any potential effects on the heritage values and features of the area

(e) to protect public utilities and other assets and enable the orderly provision and co- ordination of public utilities and other facilities for the benefit of the community; by facilitating the implementation of a major infrastructure facility.

(f) to facilitate development in accordance with the objectives set out in paragraphs (a), (b), (c), (d) and (e); through the facilitation of the provision of an important component of the state and regional road system,

(g) to balance the present and future interests of all Victorians; by consideration of the relevant short and long term benefits and disbenefits of the various project options.

• How does the amendment address the environmental effects and any relevant social and economic effects?

The amendment would give effect to Option 1 for the Geelong Bypass. It would incorporate the results of the EES process which is considering the environmental, social and economic implications of various road options against a set of project assessment objectives. The key issues are assessed as follows:

Environmental Effects

• Indigenous Flora and Fauna Limited terrestrial flora and fauna of significance were recorded during investigations on or adjacent to the road alignment options due to extensive land clearing in the area in the 19th century. Habitat of significance in the study area was recorded adjacent to the south bank of the Barwon River (Floodplain Riparian Woodland) and adjacent to

Waurn Ponds Creek (Creekline Grassy Woodland). No fauna of National or State Significance were recorded in the investigations.

The investigations concluded that provided appropriate environmental management actions were taken in the construction of the road, none of the options presented significant potential impacts on terrestrial flora and fauna. There is little to distinguish between the evaluated options in their support for project environmental objectives.

None of the evaluated road options were assessed as being likely to impact on the aquatic environment of the Barwon River or Waurn Ponds Creek provided appropriate environmental management procedures are in place during construction.

• Cultural Heritage Aboriginal and European cultural heritage investigations were conducted along the road alignment options and within a cultural contextual area.

A study of relevant registers revealed 37 Aboriginal archaeological sites, one Aboriginal historic place and 126 European historic sites in the contextual study area. Of these seven occur within the road corridors which were assessed. Field surveys identified an additional nine new sites within the corridors. These sites comprised seven Aboriginal sites and two European Historic sites. The cultural heritage assessment concluded that “none of the Aboriginal or European historic sites in the vicinity of the alignments have high scientific values”. However the assessment recommended a number of further survey and subsurface testing actions of any of the potentially disturbed Aboriginal archaeological sites before they are disturbed for road construction purposes. It also recommended that options be further assessed for their impact on any of the European heritage sites including the structural integrity of the historic Waurn Ponds Bridge.

Investigations also identified one place (the Mt Duneed Reserve) to be of high social significance to the Wathaurong (Aboriginal community). In view of the significance of the place it was avoided in all alignment designs considered in the development of a possible future opportunity for a Surf Coast Highway link.

Investigations of the exotic flora and cultural landscape features of the study area revealed a range of sites of significance which were mainly mostly comprised of windbreak plantings, ornamental trees and shrubs, hedges and gardens. The assessment concluded that road option 2 would have a more significant impact on these features compared with Option 1. A range of mitigation measures will be incorporated into the project options.

• Other Environmental Impacts Other environmental issues that were assessed during the EES investigations included the potential geotechnical, groundwater, salinity and hydrological interactions of the project options with the environment. Conclusions were that there are no significant geotechnical impediments to construction of any of the options, that the soils on the routes could result in significant sediment in the waterways during construction if not properly controlled, there is a chance of encountering groundwater during construction and that suitable design features to accommodate the specific requirements for significant hydraulic crossings is achievable and the hydraulic project assessment objectives have been satisfied for all alignment options.

Social and Economic Effects

An assessment of the social and economic implications of the project alignment options has been carried out in the EES investigations. As for the environmental assessments these analyses were completed against a set of project assessment objectives and each option reviewed in light of its performance against these objectives.

• Transport Performance The performance of the alignment options was assessed against a set of criteria which were derived from the project assessment objectives. These criteria addressed the key transport economic issues to determine whether the option would: o Provide a cost-effective freeway standard link between Hamilton Highway and the Princes Highway at Waurn Ponds o Provide an opportunity to develop a road link of appropriate standard between the Geelong Bypass, the Princes Highway West and the Surf Coast Highway

Criteria used included compatibility with regional transport strategies, transport economic performance (cost/benefit and net present value), safety benefits, travel demand and level of service, travel time and distance, recreational travel demand on alternative routes, separation of regional and local traffic and travel demand and performance of the links to the Surf Coast Highway.

The analysis against these criteria revealed in key areas including cost effectiveness, travel demand and safety that option 1 would perform acceptably in relation to most of the assessment objectives, although it would not perform well in relation to linkage to the Surf Coast Highway.

• Community Issues A social impact assessment of the Geelong Bypass proposal including route options has been prepared using a two stage approach. The initial analysis investigated the various communities that comprise the Geelong Bypass contextual study area and the issues that arise from the road proposals. The second stage assessed the specific communities most impacted by the project options. The two key issues addressed by the analysis are severance and dislocation arising from the construction of the road.

Option 1 would perform adequately in relation to the community impact assessment objectives.

An assessment of the noise environment of the study area and the potential noise impacts of the road options has been assessed in the EES studies. One option has no clear superiority over the other when considered from a noise nuisance perspective. Various noise mitigation measures including noise attenuation walls have been recommended for each option to ensure that most dwellings and other sensitive uses in proximity to the new road will enjoy an acceptable level of noise amenity and receive a maximum noise level of 63dB L10/18hr from the operation of the Geelong Bypass.

• Agricultural Land Use Agricultural land use and activity in the study area was assessed to identify the potential impact of the road options on the agricultural land use. Consideration was given to the direct impact of the road option on agricultural land and therefore the lives of those who owned and/or operated the properties and also the potential economic impacts of the removal of the land from productive agricultural use. It was found that option 1 would have negligible impacts due to its correspondence with the existing reserve which has over recent years acted as an urban land use barrier and is strongly influenced by urban uses.

• Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment?

The amendment has been evaluated in accordance with the strategic considerations set out in the Ministerial Direction No 11 on the Strategic Assessment of Amendments issued under Section 12 of the Planning and Environment Act 1987 and is consistent with those considerations.

The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes issued under section 7(5) of the Act.

No other Ministerial Directions issued under Section 12 of the Act have direct relevance to the use and development of the Geelong Bypass which is facilitated by this amendment.

• How does the amendment support or implement the State Planning Policy Framework?

The amendment is consistent with and supportive of the State Planning Policy Framework as follows:

• Clause 11.03 Principles of land use and development planning. The amendment is consistent with and supportive of a number of the over-arching principles for land use planning set out in this clause. They are:

Settlement :

Planning is to anticipate and respond to the needs of existing and future communities through provision of zoned and serviced land for housing………….. and infrastructure. Planning is to recognise the need for, and as far as practicable contribute towards………. ƒ Land use and transport integration.

Environment:

Planning is to contribute to the protection of air, land and water quality and the conservation of natural ecosystems, resources, energy and cultural heritage. In particular, planning should: ƒ Protect areas and sites with significant historic, architectural, aesthetic, scientific and cultural values.

Infrastructure

Planning for development of urban physical and community infrastructure should enable it to be provided in a way that is efficient, equitable, accessible and timely. Growth and redevelopment of settlements should be planned in a manner that allows for the logical and efficient provision and maintenance of infrastructure, including the setting aside of land for the construction of future transport routes.

Regional co-operation

Some issues dealt with by planning and responsible authorities have impacts that extend beyond municipal boundaries. These impacts may be economic, social or environmental and particularly arise around such issues as coordinated planning for transport and water infrastructure…….

• Clause 15.01 Protection of catchments, waterways and groundwater by careful design and construction management in the vicinity of significant waterways including the Barwon River and Waurn Ponds Creek

• Clause 15.04 Air Quality through improved vehicular transport efficiency, reduced congestion and an overall reduction in trip time.

• Clause 15.05 Noise Abatement by design for avoidance of significant noise impacts and provision of suitable noise attenuation in impacted locations.

• Clause 15.08 Coastal Areas by contributing to the enhancement of access and transport and the tourist experience to the Great Ocean Road and its associated towns and region

• Clause 15.09 Conservation of native flora and fauna by adhering to the requirements of the relevant policies including Victoria’s Native Vegetation Management – A Framework for Action (DNRE 2002), minimising the removal of vegetation and ensuring that lost native vegetation is replaced.

• Clause 15.11 Heritage by avoiding features of heritage importance and engaging in appropriate investigation and mitigation actions where appropriate.

• Clause 17.03 Industry by facilitating more efficient access to key industrial areas, port and modal interchange locations.

• Clause 17.04 Tourism through the improvement of access for tourist and recreational trips to important regional destinations.

• Clause 17.05 Agriculture by minimising impacts on and avoiding permanent removal of high quality productive agricultural land from the State’s agricultural base.

• Clause 18.01 Declared highways, railways and tramways by locating the Geelong Bypass route to achieve the greatest overall benefit to the community, make the best use of existing infrastructure, minimise impacts on the environment and optimise accessibility, safety, emergency access, service and amenity. The selection of the Geelong Bypass route also seeks to minimise disruption of residential communities and their amenity.

• Clause 18.05 Ports by enhancing the road access to the Port of Geelong and removing heavy vehicles bound for the port from unsuitable urban roads.

• How does the amendment support or implement the Local Planning Policy Framework?

The amendment is consistent with the Greater Geelong Local Planning Policy Framework. In particular the amendment is supportive of and seeks to implement: Municipal Strategic Statement • Clause 21.05 Planning Principles

Infrastructure Integration of transport modes within the City will enhance accessibility for residents, workers and visitors and the transport of goods, and favourably impact on the local environment. Geelong’s transport systems need to be a fully integrated network linked with State and national systems. The Geelong Bypass will consolidate the principal transport system for Geelong and further integrate it into the state and regional network.

• Clause 21.08 Urban Growth Under Objective 3 the strategy is to maintain the proposed Geelong Bypass as the western boundary of urban Geelong. This objective is proposed to be modified slightly but retained in essence in this amendment.

• Clause 21.19 Economic Development Under Objective 1 a strategy to Improve Geelong’s transport infrastructure and maintain and improve Geelong’s utilities infrastructure would be supported by the construction of the Geelong Bypass.

• Clause 21.22 Industry Under Other Actions the policy aimed at Maintaining and developing the City’s transport and utility infrastructure in order to facilitate continued commercial and industrial growth is supported by the Geelong Bypass project.

• Clause 21.26 Integrated Transport

Under this Clause a number of objectives and strategies are directly supported by the amendment. One of them (Preserve the option for the Outer Freeway) is to be deleted by this amendment because it will be outdated when the project is implemented. However it is still supported by the project. The relevant policies supported by the project include: Objective 1 To provide an integrated transport system that serves the needs of residents, visitors, students, business and industry and supports the long-term environmental, economic and social sustainability of the municipality. Strategies

Maximise Geelong’s transport assets and linkages with Melbourne to further develop trade and commuting connections. Provide for a safe and efficient network of local and arterial roads facilitating access to Geelong and the distribution of traffic through urban areas. Preserve the option for the Outer Freeway (Western Bypass) Applying Zones and Overlays Applying Public Acquisition Overlay 3 to land to be acquired for the Western By- pass, the Drysdale By-pass, and to the land to be acquired for road widening along the City’s arterial roads.

• Clause 21.27 Wandana Heights This clause identifies the role of the Geelong Bypass as It is Council’s policy to support the staged development of this area within the limits of the proposed Western Bypass. This provision is supported by the proposed implementation of the Geelong Bypass, the alignment of which is common in this location for all alignment options.

• Does the amendment make proper use of the Victoria Planning Provisions?

The amendment makes proper use of the Victoria Planning Provisions by seeking to implement the relevant provisions of the State Planning Policy Framework as set out above.

The amendment also makes proper use of the Victorian Planning Provisions by:

• application of the Road Zone Category 1 to land in public ownership which is to be used for the Geelong Bypass,

• application of the Public Acquisition Overlay Schedule 3 to land which is in private ownership and is proposed to be acquired for the Geelong Bypass

• amendment to the schedules of a number of zones and overlays to allow the development of the Geelong Bypass without the need to obtain a planning permit

• amendment to the schedule to a particular provision to allow the development of the Geelong Bypass without the need to obtain a planning permit

In making these changes to the planning scheme the amendment is consistent with the provisions and intent of the VPP’s.

• How does the amendment address the views of any relevant agency?

The amendment would give effect to the outcomes of an EES process which has included extensive consultation with stakeholders including community members, interest groups and relevant agencies. If approved, it will be an outcome of the Minister for Planning’s Assessment of the EES following a formal exhibition and panel process which provides the opportunity for all relevant agencies to make formal submissions.

• What impact will the new planning provisions have on the resource and administrative costs of the responsible authority?

Roads Corporation as the planning authority for the amendment will have the majority of the resource and administrative costs associated with its processing and approval. The process and the new planning provisions when introduced will have minimal resource and administrative costs for the City of Greater Geelong as the Roads Corporation will be the public authority for implementation of the project.

The construction of the Geelong Bypass may change the strategic planning context of certain parcels of land. It is possible and even desirable that a strategic appraisal for future land use and development of these areas be completed by council in the normal course of discharging its planning functions.

Where you may inspect this Amendment.

The amendment will be available for public inspection, free of charge, during office hours at the following places.

VicRoads Geelong Bypass Project Office City of Greater Geelong 444 Princes Highway City Hall Corio Gheringhap Street Geelong

VicRoads South West Regional Office 180 Fyans Street South Geelong

Department of Sustainability and Environment Department of Sustainability and Regional Office Environment Level 4 Planning Information Centre Cnr Little Malop and Fenwick Streets, 8 Nicholson Street Geelong East Melbourne