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Peninsula Link Project

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Peninsula Link Project Attachment 7 Peninsula Link Project Incorporated Document, February 2014 Mornington Peninsula Planning Scheme Incorporated document pursuant to section 6(2)(j) of the Planning and Environment Act 1987 (Amends earlier version of July 2009) Attachment 7 2 1.0 INTRODUCTION This document is an incorporated document in the Mornington Peninsula Planning Scheme pursuant to section 6(2)(j) of the Planning and Environment Act 1987. The land identified in this document may be used or developed in accordance with the control in this document. The control in this document prevails over any contrary or inconsistent provision in the Mornington Peninsula Planning Scheme. 2.0 PURPOSE The purpose of the control in this document is to allow the use and development of land for the purposes of the Peninsula Link (formerly known as the Frankston Bypass Project) and twin freeway service centres. 3.0 LAND The control in this document applies to all of the following: The land shown on Map 1 - Project Area Map of this Incorporated Document. This is referred to as the Peninsula Link Project Area for the purpose of this incorporated document. The land shown on Map 2 – being those parts of 129A Moorooduc Highway, Baxter comprising Lot 1 on PS 637226V (Vol 09516 Fol 959) required for the layout of twin freeway service centres as shown in map 2. This is referred to as the land shown in map 2 for the purpose of this incorporated document. 4.0 CONTROL Despite any provision to the contrary or any inconsistent provision in the Mornington Peninsula Planning Scheme, no planning permit is required for, and nothing in that Planning Scheme operates to prohibit or restrict, use or development of the Peninsula Link Project Area for: a freeway standard road connecting Mornington Peninsula Freeway/EastLink at Carrum Downs and the Mornington Peninsula Freeway at Mount Martha; various interchanges, grade separations and associated road connections; a shared path substantially along the road's alignment; activities ancillary to any of the abovementioned matters including, but not limited to: - creating and using lay down areas for construction purposes; - removing, destroying and lopping trees and removing vegetation; - demolishing structures; - altering watercourses; - constructing fences, walls and barriers; - creating or altering access to a road in a Road Zone; Attachment 7 3 - constructing and using temporary site workshops and storage, administration and amenity buildings; - undertaking earthworks including to construct the road, create bunds, mounds, batters, landscaping and wetlands and otherwise to excavate land, salvage artefacts and alter drainage and utilities; manufacturing, processing and transportation of asphalt to be used for construction of the Peninsula Link roads, through the use and development, and associated buildings and works, of a mobile asphalt batching plant located at 240-300 McClelland Drive, Langwarrin (Vol 09023 Fol 101, Vol 09023 Fol 102, Vol 09023 Fol 100); This control is subject to the conditions in clause 5 of this document. Despite any pro vision to the contrary or any inconsistent provision in the Mornington Peninsula Planning Scheme, no planning permit is required for, and nothing in that Planning Scheme operates to prohibit or restrict, use or development of the land shown in map 2 and the Peninsula Link Project Area for the following subject to the conditions in clause 5.4 of this document: twin freeway service centres serving northbound and southbound freeway traffic; the creation of access to the Peninsula Link freeway; vegetation removal; internally illuminated business identification and promotion signage; the construction of a shared path; temporary access tracks; and, associated activities, buildings and works. 5.0 CONDITIONS 5.1 Preparation of an Environment Management Plan for Peninsula Link Prior to the construction or carrying out of any buildings or works an Environment Management Plan must be prepared and implemented to the satisfaction of the Linking Melbourne Authority (formerly Southern and Eastern Integrated Transport Authority), except as provided for in condition5.5, and must: a) be developed, in accordance with AS/NZS ISO 14001; b) comply with the objectives, relevant legislation/policy, performance criteria and management and mitigation requirements as described in the Environment Effects Statement and in accordance with the Minister for Planning’s Assessment Report (June 2009); and c) include specific design and mitigation measures as detailed in Clauses 5.2 and 5.3. 5.2 Specific Design Requirements for Peninsula Link Attachment 7 4 Prior to the construction or carrying out of any buildings or works specific design proposals must be prepared and implemented to the satisfaction of the Minister for Planning and in consultation with DSE to minimise the footprint of the works within: a) EastLink interchange; b) The Pines Flora and Fauna Reserve; and c) That part of the Westerfield property (72 – 114 Robinsons Road Frankston South), partly contained in Certificates of Title: Vol 8252 Folio 551 and Vol 8196 Folio 139; 5.3 Specific Mitigation Measures for Peninsula Link Specific mitigation measures that must be prepared and implemented to the satisfaction of the Secretary to the Department of Sustainability and Environment, prior to the construction of Peninsula Link include: a) Measures to maintain habitat connectivity along the alignment; b) A specific long term plan for the protection of the Southern Brown Bandicoot within the Pines Flora and Fauna Reserve; c) Mitigation measures proposed in the Environment Effects Statement relating to flora and fauna issues including compliance with ‘Victoria’s Native Vegetation Management, A Framework for Action’ (Department of Natural Resources and Environment, 2002) and requirement for Net gain offsets to be applied; d) The implementation of mitigation measures proposed in the approved Environment Effects Statement in respect to the Plains Grassy Wetlands EVC in the vicinity of the connection of Peninsula Link to EastLink, consistent with the Victoria’s Native Vegetation Management, A Framework for Action (2002); and e) Measures to minimise the effects on the native vegetation of the Westerfield property. 5.4 Specific Conditions for the twin freeway service centre The use and development of the land shown on map 2 for the purposes of twin Freeway Service Centres serving northbound and southbound freeway traffic, the creation of access to the Peninsula Link freeway, vegetation removal, internally illuminated business identification and promotion signage, the construction of a shared path, temporary access tracks and associated activities, buildings and works must be conducted in accordance with the following conditions: Amended plans 1 Before the use or development commences, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must be generally in accordance with those drawn by McIntyre and Cross Architects Job No. 08-026, TP-01, TP-02, TP-03, TP-04, TP-05, TP-06, TP-07, TP-08, TP-09, TP-10, TP-11, TP-12, TP-13, TP-14 and TP-15, Town Planning Issue, Revision B dated December 2012, but modified to show: (a) The proposed finished site levels, finished floor levels and roof levels nominated to the Australian Height Datum (AHD) on all plans and elevations. Attachment 7 5 (b) Any changes resulting from Melbourne Water and DSE requirements. (c) Details of the extent of any earthworks including filling of the land, the depth and extent of the works and any retaining structures. (d) A notation that internal lighting of each Freeway Service Centre building be low intensity lighting at night time to minimise the impact of internal lighting on the visual amenity of the area. (e) Access to all buildings and within all buildings for persons with disabilities and suitable pathways from appropriately located parking spaces for persons with disabilities. (f) A notation that all external doors will be self-closing. (f)(g) Any changes required to mitigate any risks identified by the Independent Traffic Safety Risk Assessment required under condition 7. (g)(h) A shared pedestrian and cycling path exiting from the western side of the southern freeway service centre and connecting to the shared pedestrian cycling path on the north side of Peninsula Link via a route along the south side of Peninsula Link that crosses the railway and then travels beneath the railway bridge and at that point being three metres wide but otherwise two metres wide. (h)(i) Evidence that tenancies for food and drink premises would enable compliance with National Food Safety Standards. Use and Development 2 The use and development as shown on the approved plans must not be altered without the prior written consent of the Responsible Authority and Linking Melbourne Authority. 3 Once the development has started, it must be completed all to the satisfaction of the Responsible Authority. 4 Before the use starts or by such later date as is approved by the Responsible Authority in writing, all disturbed surfaces on the land resulting from the development must be revegetated and stabilised to the satisfaction of the Responsible Authority. 5 All earthworks must be undertaken in a manner that minimises soil erosion, and any exposed areas of soil must be stabilised to prevent soil erosion to the satisfaction of the Responsible Authority. 6 The
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