Mornington Peninsula Planning Scheme Amendment C183
Total Page：16
File Type：pdf, Size：1020Kb
Attachment 3 Planning and Environment Act 1987 MORNINGTON PENINSULA PLANNING SCHEME AMENDMENT C183 EXPLANATORY REPORT Who is the planning authority? This amendment has been prepared by the Minister for Planning, who is the planning authority for this amendment. The amendment has been made at the request of the Minister for Roads. Land affected by the amendment The amendment applies to part of the land located at 129A Moorooduc Highway, Baxter comprising Lot 1 on PS 637226V (Vol 09516 Fol 959). What the amendment does The amendment allows the land to be used and developed for the purposes of twin Freeway Service Centres in association with the Peninsula Link Freeway Project. The Freeway Service Centres will serve northbound and southbound freeway traffic on Peninsula Link. Development of the Freeway Service Centres includes the creation of access to Peninsula Link, vegetation removal, internally illuminated business identification and promotion signage, the construction of a shared path, temporary access tracks and associated activities, buildings and works. The amendment: x Revises the Peninsula Link Project, Incorporated Document, July 2009 (Incorporated Document) to include part of the land at 129A Moorooduc Highway, Baxter in the Peninsula Project Area and allow the use and development of that part of the land for twin Freeway Service Centres, subject to conditions. Subject to compliance with the conditions no further planning permission will be required for the use and development under the Planning Scheme. The revisions also replace reference to Southern and Eastern Integrated Transport Authority with Linking Melbourne Authority. x Updates the schedule to Clause 52.03 to include part of the land at 129A Moorooduc Highway, Baxter in the address of the land corresponding to the Incorporated Document, as amended; and x Updates the reference to the Incorporated Document, as amended, in the schedule to Clause 81.01. Strategic assessment of the amendment x Why is the amendment required? The amendment is required to facilitate the use and development of land for twin Freeway Service Centres adjacent to Peninsula Link. The Peninsula Link Project is a 25 kilometre freeway connection between EastLink at Carrum Downs and the Mornington Peninsula Freeway at Mt Martha. It is a state significant project that was approved in 2009 as part of Amendments C51 to the Frankston Planning Scheme and C115 to the Mornington Peninsula Planning Scheme. Attachment 3 The freeway was opened to the public in January 2013 and has experienced high volumes of traffic. The provision of essential services and facilities for motorists travelling on the Peninsula Link freeway is an important part of the broader strategic objective of providing a safe and efficient improved road network. The twin Freeway Service Centre development permitted by the amendment will provide those essential services and facilities that encourage drivers to stop and take an effective break in the interests of driver safety. The proposal for twin freeway service centres at this location has been the subject of an earlier permit application and review by the Victorian Civil and Administrative Tribunal (VCAT). The current proposal is a modification of an earlier proposal that has addressed each of the issues of concern raised by objector parties and the Tribunal in its decision. The amendment will facilitate the timely development of the twin Freeway Service Centres contributing to the safety of motorists on Peninsula Link, and generating employment opportunities in the Mornington Peninsula region. x How does the amendment implement the objectives of planning in Victoria? The amendment is required to facilitate the timely development of twin Freeway Service Centres, which will improve accessibility, safety and efficiency for Victorian road users, provide employment opportunities in the region and support tourist activity and facilities on the Mornington Peninsula. The amendment implements the objectives of planning in Victoria as set out in section 4 of the Planning and Environment Act 1987, as follows: ¦ To provide for the fair, orderly, economic and sustainable use and development of land - by facilitating the timely development of twin Freeway Service Centres to provide essential services and facilities to motorists on a section of freeway where those services and facilities are not readily available; ¦ To provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity - through the development of a proposal which has been carefully sited and designed to minimise impacts on the natural environment; ¦ To secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria - by meeting an identifiable need for services and facilities along Peninsula Link and assisting in the development of a pleasant, efficient and safe road system for the benefit of users of the freeway; and ¦ To balance the present and future interests of all Victorians - by considering the short and long term environmental, social and economic benefits of the proposal to the Mornington Peninsula and users of the freeway. x How does the amendment address the environmental effects and any relevant social and economic effects? Environmental Effects The revised design of the twin Freeway Service Centres has taken into account the comments made by VCAT in relation to the environmental sensitivities of the land on which the development will be located. The Freeway Service Centres will be located outside of the floodplain and area of potential habitat of the dwarf galaxias and have been redesigned to minimise visual amenity impacts on the landscape. The conditions controlling the Freeway Service Centres development contained in the Incorporated Document, as amended, require an Environmental Management Plan. The Environmental Management Plan must include a Threatened Species Management Plan and details of how the development will comply with native vegetation removal requirements including any offset measures. Attachment 3 Social and Economic Effects Overall, it is considered that the twin Freeway Service Centres would result in positive economic effects for the Mornington Peninsula through the generation of employment opportunities during construction and long term employment opportunities when operating. The Freeway Service Centres would support tourism on the Mornington Peninsula by providing safe, accessible facilities for travellers. Potential amenity impacts during construction and use will be managed through the requirement for a Construction Management Plan, Operational Management Plan and an acoustic report. x Does the amendment address relevant bushfire risk? The land affected by the amendment is not within an area identified as a bushfire risk area. x Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment? Section 12(2)(a) of the Planning and Environment Act 1987 requires that in preparing a planning scheme amendment, a planning authority must have regard to the Minister’s Directions. Ministerial Direction No. 9 Metropolitan Strategy In relation to the metropolitan strategy, the most relevant directions are Direction 5 – A Great Place to Be, Direction 7 – A Greener City and Direction 8 – Better Transport Links. The amendment is consistent with policy outlined in Direction 5 as the buildings and works forming part of the proposed Freeway Service Centres have been designed to respond to the local landforms and semi-rural context. The conditions controlling the Freeway Service Centres development contained in the Incorporated Document, as amended, require the submission and approval of an Environmental Management Plan responding to the policy outlined in Direction 7. The Environmental Management Plan must include a Threatened Species Management Plan and details of how the development will comply with native vegetation removal requirements including any offset measures. The amendment is consistent with the policy in Direction 8 as the amendment will facilitate the development of twin Freeway Service Centres which will contribute to a safer road network which benefits all road users, both domestic and commercial / freight. Therefore it is considered that the amendment is consistent with the directions and policies in the Metropolitan Strategy and would not compromise its implementation. Ministerial Direction No. 11 Strategic Assessment of Amendments The amendment has been prepared having regard to the Minister’s Direction No. 11 – Strategic Assessment of Amendments. The amendment has also been prepared with consideration of the Revised Practice Note – Strategic Assessment Guidelines for Planning Scheme Amendments. Ministerial Direction on the Form and Content of the Planning Schemes The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Act. x How does the amendment support or implement the State Planning Policy Framework and any adopted State policy? The amendment is expected to have a net community benefit through the provision of convenient facilities and services to freeway users and contribution to improved road safety. Attachment 3 Clause 10 (Operation of the State Planning Policy Framework) The amendment supports and implements the State Planning Policy Framework, including the goal of land use and development planning and integrated decision making. Clause 11