Mornington Peninsula Planning Scheme Amendment C183

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 (Settlement) The amendment provides for the use and development of land adjacent to Peninsula Link for twin Freeway Service Centres which is recognised as important freeway infrastructure and is a discretionary use in the Green Wedge Zone. The proposed facilities and their operation have been designed so they will be compatible with the green wedge area and its context, key values and features. Clause 12 (Environmental and landscape values) The conditions relating to the Freeway Service Centres contained in the Incorporated Document, as amended, require the approval of an Environmental Management Plan including a Threatened Species Management Plan and details of how the development will comply with native vegetation removal requirements including any offset measures. The development will require the removal of minimal remnant native vegetation. Clause 13 (Environmental risks) The proposed amendment responds appropriately to identified environmental risks in particular floodplain management during construction and noise protection. The conditions relating to the Freeway Service Centres contained in the Incorporated Document, as amended, require the approval of a Construction Management Plan, an Operational Management Plan and an acoustic report. Clause 14 (Natural resource management) The land is not classified as ‘important productive agriculture’ and its use for Freeway Service Centres will not materially impact on agricultural production on the Peninsula. The balance of the land will continue to be used for grazing. Clause 15 (Built environment and heritage) The design of the proposed buildings and facilities responds appropriately to the local context having regard to their location adjacent to Peninsula Link. Buildings and advertising signs will be no higher than 6.35 metres. Clause 17 (Economic development) The purpose of the Freeway Service Centres is to provide facilities and services to road users along Peninsula Link and will not affect the hierarchy of towns and villages on the Peninsula. Long term employment opportunities and requirement for locally supplied support services will result from the Freeway Service Centres. Clause 18 (Transport) The proposed Freeway Service Centres will enhance Peninsula Link by providing facilities and services which seek to improve road safety and amenity for road users including tourists to the Mornington Peninsula. The proposed Freeway Service Centres also respond appropriately to the purposes of Clause 52.30 (Freeway Service Centre). x How does the amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement? Relevant clauses from the Local Planning Policy Framework, which apply to the proposed amendment, are outlined below:

¦ Clause 21 Municipal Strategic Statement ¦ Clause 22.05 Aboriginal Cultural Heritage ¦ Clause 22.06 Development on Highways, Main Roads and Tourist Routes Attachment 3

¦ Clause 22.07 Commercial and Industrial Uses in Rural Areas ¦ Clause 22.10 Advertising Signs ¦ Clause 22.11 Mornington Peninsula Fire Protection Policy ¦ Clause 22.14 Mornington Peninsula Land Units The amendment facilitates the use and development of twin Freeway Service Centres associated with Peninsula Link. The facilities will not affect or compete with services provided in existing towns and villages on the Peninsula. The land is not within an area of Cultural Heritage Sensitivity. The development seeks to protect the character of the area through appropriate built form, restrictions on advertising signs and provision of extensive new landscaping. As such, the Freeway Service Centres will be compatible with the character of the area and will not detract from the visual amenity of land adjacent to Peninsula Link. x Does the amendment make proper use of the Victoria Planning Provisions? The amendment makes proper use of the Victorian Planning Provisions by amending the schedule to Clause 81.01 of the Mornington Peninsula Planning Scheme to include an amended Incorporated Document to facilitate the construction of twin Freeway Service Centres adjacent to Peninsula Link. This change to the Mornington Peninsula Planning Scheme is consistent with the provisions and intent of the Planning Scheme and is an appropriate use of the VPPs. x How does the amendment address the views of any relevant agency? The views of relevant agencies have been obtained including Linking Melbourne Authority, Department of Sustainability and Environment, VicRoads and Melbourne Water. The Mornington Peninsula Shire Council has also been provided with information in relation to the redesigned development proposal. The Minister for Planning exempted himself from the requirements of sections 17, 18 and 19 of the Planning and Environment Act 1987 and the Regulations under section 20(4) of the Act for the amendment. x Does the amendment address relevant requirements of the Transport Integration Act 2010? The amendment is consistent with the Transport Integration Act 2010 as it achieves transport and land use integration and supports road safety.

Resource and administrative costs x What impact will the new planning provisions have on the resource and administrative costs of the responsible authority? The new planning provisions remove the need for a planning permit for the proposed use and development of the land for twin Freeway Service Centres and will not increase the resource and administrative costs of the responsible authority.

Where you may inspect this Amendment The amendment is available for public inspection, free of charge, during office hours at the following places:

Mornington Peninsula Shire Council Offices

21 Marine Parade Attachment 3

Hastings

90 Besgrove Street Rosebud

2 Queen Street Mornington

The amendment can also be inspected free of charge at the Department of Transport and Planning and Local Infrastructure website at www.dpcd.vic.gov.au/planning/publicinspection. Attachment 3

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 3

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: x 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. x 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: x a freeway standard road connecting Mornington Peninsula Freeway/EastLink at Carrum Downs and the Mornington Peninsula Freeway at Mount Martha; x various interchanges, grade separations and associated road connections; x a shared path substantially along the road's alignment; x 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 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; x 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 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 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: x twin freeway service centres serving northbound and southbound freeway traffic; x the creation of access to the Peninsula Link freeway; x vegetation removal; x internally illuminated business identification and promotion signage; x the construction of a shared path; x temporary access tracks; and, x 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 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: Attachment 3

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.

(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. Attachment 3

(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.

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 only retail premises uses that may be operated as part of each freeway service centre are a convenience shop of 240 square metres; and food and drink premises with no service of alcohol.

Miscellaneous

7 The materials and colour of the exterior finish of the buildings must be in accordance with the approved plans unless with the further written permission of the Responsible Authority.

8 Before the use starts, appropriate fencing and signage must be provided around the perimeter of each Freeway Service Centre site to identify that no pedestrian access is allowed from surrounding properties, other than the shared use path referred to in condition 8 below.

9 The shared use path as shown on the approved plans must be constructed to the requirements and satisfaction of the Responsible Authority in consultation with the relevant road authority and thereafter must be maintained to the requirements and satisfaction of those authorities for as long as the Freeway Service Centres remain in operation.

10 Prior to the construction or carrying out of any buildings or works, evidence must be provided to the satisfaction of Linking Melbourne Authority that any necessary approval required under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) has been obtained.

Landscaping works

11 Before the development starts, a revised landscape plan prepared by a suitably qualified landscape expert 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 Attachment 3

and three copies provided. The landscaping plan must be generally in accordance with the plans prepared by John Patrick Pty Ltd DWG No L01 issue 02 dated 26/03/13, DWG No L02 issue 01 dated 20/12/12 and DWG No L03 issue 02 dated 26/03/13 but modified to show:

(a) All vegetation to be removed and/or retained.

(b) a planting schedule of all proposed trees, shrubs and ground cover, including botanical names, common names, pot sizes, sizes at maturity and quantities of each plant.

(c) The landscaping designed to visually integrate the car park and building areas into the landscape and reduce the prominence of the buildings and the car park areas upon the landscape, particularly as viewed from vantage points along Mt Eliza escarpment, Moorooduc Highway or other adjoining land,

(d) A landscape buffer along the southern perimeter of the south-bound Freeway Service Centre comprising native canopy trees and shrub layer. Canopy trees in this specified area must be of mature height when planted,

(e) Removal of introduced noxious and environmental weed species as determined by the Responsible Authority in consultation with the Department of Environment and Primary Industry (DEPI), and,

(f) The use of fire retardant native and exotic species in close proximity to the buildings.

12 Before the development starts, appropriate tree protection measures must be carried out in accordance with Construction Environment Management Plan, Peninsula Link Freeway Service Centres, Baxter, Victoria, Ecology & Heritage Partners, January 2012 to ensure the protection of vegetation to be retained.

13 All planting referred to in Condition 13 and above must be maintained in a healthy condition and any dead or diseased trees or shrubs must be replaced as soon as possible to the satisfaction of the Responsible Authority. The areas set aside for landscaping must be used for no other purpose. The areas set aside for landscaping must be used for no other purpose.

Native Vegetation/Biodiversity

14 Before the vegetation removal starts, the Offset requirements to compensate for the removal of vegetation in accordance with Clause 52.17 of the Mornington Peninsula Planning Scheme must be documented by a suitably qualified expert to the satisfaction of the Responsible Authority and submitted to and approved by the Responsible Authority.

15 Before any native vegetation is removed from the site, evidence in the form of a credit register extract from the Native Vegetation Credit Register must be provided to the satisfaction of the responsible authority. This offset must meet the offset requirements approved under condition 13 of this incorporated document and be in accordance with the requirements of “Permitted clearing of native vegetation – Biodiversity assessment guidelines and the Native vegetation gain scoring” manual.

Management Plans/Reports Attachment 3

16 Prior to the commencement of any buildings or works associated with the development start, a project specific Construction and Environmental Management Plan prepared by a suitably qualified person to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the Plan will be endorsed and will then form part of this approval. The Plan must be to the satisfaction of the Responsible Authority and must show and/or provide for the following:

(a) Details of the staging of all buildings and works.

(b) The location and route for construction vehicles to access the site, taking into consideration any requirements from DSE.

(d) The location and storage of machinery on the site.

(e) Security fencing and site access details.

(f) The location of appropriate waste disposal and storage areas.

(g) Hours during which construction activity will take place which must not occur outside of the following hours (unless with the further consent of the Responsible Authority):

i. Monday to Friday: 7:00 a.m. and 5:00 p.m.

ii. Saturday: 8:00 a.m. and 1:00 p.m.

(h) A Traffic Management Plan which ensures that no traffic hazards are created in or around the site and which indicates the following:

i. The movement of construction vehicles to and from the site;

ii. Details of the delivery and unloading points and expected frequency; and

iii. The location for parking of contractors’ vehicles.

(i) The location of refuse points and methods for ensuring the containment of waste within the land unless an alternative is to the satisfaction of the Responsible Authority.

(j) Methods to prevent discharge of construction materials and sediment entering into the existing underground drainage system.

(k) Arrangements to ensure that no debris is deposited on any road while vehicles are travelling to and from the site and details of the method and frequency of clean up procedures including facilities for vehicle washing.

(l) A Liaison Officer for contact by the Responsible Authority in the event of relevant queries or problems experienced.

(m) An outline of any necessary requests to occupy public footpaths or roads and anticipated disruptions to local services.

(n) The measures to minimise noise and other amenity impacts from mechanical equipment and demolition/construction activities.

(o) The erection of a sign on the site prior to any work commencing which is clearly visible from the adjacent road reserves stating that unauthorised entry to the site is not permitted and showing the name of the builder or another person responsible for the Attachment 3

site and a telephone number for contact outside working hours. The signs may only be removed on satisfactory completion of the works.

17 Prior to the construction or carrying out of any buildings or works, an Environmental Management Plan must be submitted to and approved by Responsible Authority in consultation with the Department of Environment and Primary Industries. The Environmental Management Plan must include:

(a) a Threatened Species Management Plan;

(b) details of how native vegetation removal will comply with Clause 52.17 of the Mornington Peninsula Planning Scheme (as required by Conditions 12 and 13).

18 Prior to the construction or carrying out of any buildings or works, an Operational Management Plan must be submitted to and approved by the Responsible Authority and must include:

(a) how the use and development will mitigate any likely or potential amenity impacts on the surrounding areas, including in relation to:

i. transport of materials, good and commodities to and from the land;

ii. appearance of any buildings, works or materials;

iii. emissions of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;

iv. presence of vermin; and

v. in any other way;

(b) a waste management plan addressing how the use and development will address and minimise impacts from all waste and emissions generated from the premises;

The plan once approved must be implemented to the satisfaction of the Responsible Authority.

19 Prior to the construction or carrying out of any buildings or works, an acoustic report from an appropriately qualified acoustic engineer must be prepared and approved by Linking Melbourne Authority addressing how the use and development will mitigate any likely or potential noise impacts on the surrounding residential areas;

20 All development must be carried out in accordance with the following, unless with the written consent of the Responsible Authority:-

(a) Construction Environment Management Plan, Peninsula Link Freeway Service Centres, Baxter, Victoria, Ecology & Heritage Partners, January 2013;

(b) Threatened Species Conservation Management Plan, Peninsula Link Freeway Service Centres, Baxter, Victoria, Ecology & Heritage Partners, March 2013;

(c) Environmentally Sustainable Development Management Plan (ESD Management Plan) to be submitted and approved in accordance with Condition 17;

(d) Waste Management Plan to be submitted and approved in accordance with Condition 18; and, Attachment 3

(e) Noise Impact Report by Marshall Day and Associates.

21 Before the development starts, a project specific Environmentally Sustainable Development Management Plan (ESD Management Plan) prepared by a suitably qualified person to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plan must address:

(a) energy management;

(b) water conservation and re-use;

Where appropriate the Environmentally Sustainable Design Management Plan should:

(a) identify relevant statutory obligations, strategic or other documented sustainability targets or performance standards;

(b) document the means by which the appropriate target or performance will be achieved;

(d) demonstrate that the design elements, technologies and operational practices that comprise the ESD Management Plan can be maintained over time.

22 Before the use starts, a Waste Management Plan prepared by a suitably qualified person to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plan must address:

(a) the storage and collection of waste at the rear of the freeway service centre buildings including provision for bulk refuse collection bins or approved alternative recycling bin;

(b) the storage of other refuse and solid wastes in bins or receptacles within suitably screened and accessible areas;

(c) designation of methods of waste collection including the need to provide for private services or utilisation of Council services;

(d) waste bins not being placed or allowed to remain in view of the public;

(e) appropriate areas for bin storage on site and areas for waste bin storage on collection days;

(f) details for Best Practice Waste Management once the use has commenced; and

(g) the regular removal of waste and litter from all areas of common property.

23 The Construction Environment Management Plan, the Threatened Species Conservation Management Plan, the ESD Management Plan and Waste Management Plan must all be implemented to the satisfaction of the Responsible Authority and continue to be complied with at all times, all to the satisfaction of the Responsible Authority and at the owner’s cost.

Construction Plans

24 Before the development starts, detailed construction plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority in Attachment 3

consultation with Linking Melbourne Authority. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must show:

(a) All areas of the development being drained by means of an underground drainage system to retain a post development 1 in 10 year storm event for the critical storm duration. Discharge from the site must be limited to an equivalent pre-development flow based on a 1 in 2 year storm event for the critical storm duration and be directed to Balcombe Creek. Appropriate end of line drainage treatment devices are to be incorporated.

(b) A drainage system on the site being designed to ensure storm water runoff exiting the site meets the current best practice performance objectives for stormwater quality.

(d) Details, including levels of all car parking areas, hard stand areas and drainage facilities.

25 Before the development starts, drainage computations to the satisfaction of the Responsible Authority must be provided for the drainage system, including consideration of any drainage catchment external to the development that may drain to the drainage system.

26 Before the use starts, the areas set aside for the parking of vehicles, access lanes and driveways as shown on the approved plans must be, to the satisfaction of the Responsible Authority:

(a) Constructed.

(b) Properly formed to such levels that they can be used in accordance with the plans.

(d) Drained and maintained.

(e) Line marked to indicate each car space and all access lanes.

(f) Clearly marked to show the direction of traffic along access lanes and driveways.

27 The areas indicated on the approved plans for use as car parking spaces, access lanes and driveways must be kept available for these purposes at all times.

Environmental Health

28 Noise emitted from the site must comply with State Environment Protection Policy N-1 - Noise from Commerce, Industry and Trade.

29 Waste collection from the site and deliveries to the site must comply with EPA Publication 1254 – Noise Control Guidelines.

30 Light emitted at the site must comply with Australian Standard 4282-1997 “Control of Obtrusive Effects of Outdoor Lighting”.

31 Before the development starts, the owner must enter into a Trade Waste Agreement with South East Water. Attachment 3

Conditions required by VicRoads

32 Prior to the construction and carrying out of buildings or works, the developer must enter into a Freeway Access Agreement with the relevant Roads Authority providing for access to the Peninsula Link freeway to the satisfaction of Linking Melbourne Authority. The developer must comply with all conditions required by the relevant Road Authority under the terms of the agreement.

Amenity

33 The use and development must be managed so that the amenity of the area is not detrimentally affected through:

(a) the transport of materials, goods or commodities to or from the land.

(b) the appearance of any building, works or materials.

(c) the emission of noise, artificial light, vibration, smell, dust, fumes, smoke, vapour, steam, waste water, or waste products.

(d) others as appropriate.

34 Garbage receptacles must be stored out of general view and storage areas maintained in a neat condition at all times to the satisfaction of the Responsible Authority.

35 Noise levels emanating from the premises and development must not exceed those recommended to be met under State Environment Protection Authority guideline ‘Noise from industry in regional Victoria: Recommended maximum noise levels from commerce, industry and trade premises in regional Victoria (NIRV)’.

36 Reasonable endeavours must be made to ensure that persons using the premises do not create a nuisance or annoyance to adjoining properties, residential properties nearby or otherwise adversely disturb the amenity of the area.

37 Air-conditioning or other plant equipment must be relocated, baffled and screened to prevent nuisance or annoyance to persons in dwellings nearby and adjoining land to the satisfaction of the Responsible Authority.

Delivery hours

38 Except with the prior written consent of the Responsible Authority, all waste collection and deliveries, including LPG deliveries and discharge, must only occur between:

(a) Waste collection between 7am and 8pm Monday to Saturday and 9am to 8pm Sundays and Public Holidays

(b) Deliveries between 7am and 10pm Monday to Saturday and 9am to 10pm Sundays and Public Holidays

(c) LP gas deliveries between 7:00am and 10:00pm Monday to Saturday and 9am to 10pm Sundays and Public Holidays. Attachment 3

Signage

39 The pedestrian crossing points, as indicated on the approved plan, must be clearly delineated using line marking or other approved treatment and appropriate signage provided to the satisfaction of the Responsible Authority.

40 All signs must be designed to a professional standard, constructed and maintained in good condition to the satisfaction of the Responsible Authority.

41 All signage must be non-flashing, designed, baffled and located to the satisfaction of the Responsible Authority so that no direct light falls onto adjoining land.

Section 173 Agreement

42 Prior to the commencement of buildings and works, the owner must enter into an Agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987. The Agreement must be prepared and registered on title to the land to the satisfaction of the Responsible Authority. The Agreement must require the land owner or occupier to undertake the following to the satisfaction of the Responsible Authority:

(a) Implement and maintain in perpetuity, all Management Plans endorsed under this document;

(b) Prevent further commercial expansion of any kind including any increases in commercial floor area;

(c) Continuously protect and enhance the indigenous native vegetation (not proposed to be removed as part of this development) and flora and fauna habitat on the land; and,

(d) Ensure that the Shared User Path must be available for public access at all times.

Construction Plans

43 Before any works associated with the development starts, detailed construction 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 two copies must be provided. Alternatively, plans in pdf format may be emailed to [email protected]. The plans must show:

(b) A drainage system on the site being designed to ensure storm water runoff exiting the site meets the current best practice performance objectives for stormwater quality.

(d) Details, including levels of all car parking areas, hard stand areas and drainage facilities.

44 Before any works associated with the development starts, drainage computations are required for the drainage system, including consideration of any drainage catchment external to the development that may drain to the drainage system.

45 Before any works associated with the development starts, a pavement assessment of the existing access road from the property to Frankston-Flinders Road must be prepared and submitted to and approved by the Responsible Authority. This must include:

(a) A visual assessment including digital photographs / video recording over the road length to identify the extent and severity of wheel rutting, surface cracking, other surface defects, any edge defects and condition of kerbs.

(b) Deflection testing over the total length of road pavement where construction traffic is proposed.

(c) Establishing pavement thicknesses, material components and subgrade in situ strengths along the total length in accordance with VicRoads Technical Bulletin No. 40 and AS 1726 Geotechnical Site Investigations.

46 Before any works associated with the development starts, a report prepared by a suitably qualified and experienced geotechnical consultant must be prepared and submitted to and approved by the Responsible Authority. This report must include the modelling of effects on the existing access road from the property to Frankston-Flinders Road where construction traffic is proposed from the site, and recommendations for preventative treatments to pavements prior to construction traffic and any rehabilitation of the pavements after the completion of works in order to maintain an equivalent pavement condition to that prior to the commencement of works associated with the development.

47 Before any works associated with the development starts, preventative maintenance works to the existing access road from the property to Frankston-Flinders Road must be undertaken by the owner of the development in accordance with the recommendations contained in the geotechnical consultant’s report and to the satisfaction of the Responsible Authority.

48 Where areas of pavement over which construction traffic has occurred require rehabilitation, whether pothole patching or pavement reconstruction, the owner of the development must undertake such works immediately to the satisfaction of the Responsible Authority in order to maintain an equivalent pavement condition to that which existed prior to works associated with the development commencing.

49 On completion of all works associated with the development, a further pavement assessment of the construction traffic route over the existing access road from the property to Frankston- Flinders Road pavement must be carried out generally in accordance with the first assessment and a report prepared outlining the recommendations for pavement rehabilitation to maintain an equivalent or superior pavement, expected life and condition. This report is to be submitted to the Responsible Authority within one month of the completion of works associated with the development for assessment and approval of pavement rehabilitation. Attachment 3

50 Once the report under the immediately preceding condition is approved by the Responsible Authority, the owner of the development must undertake all pavement rehabilitation works to the existing access road from the property to Frankston-Flinders Road to the satisfaction of the Responsible Authority within 3 months of the date of the report being approved.

51 Before any works associated with the development starts, a bond or bank guarantee to the value of $300,000.00 must be lodged with the Responsible Authority to ensure compliance with Conditions 6, 7 and 8.

52 All temporary drainage works and temporary construction access tracks must be constructed in accordance with plans approved by and to the satisfaction of Melbourne Water and the Responsible Authority.

53 All temporary drainage works and temporary construction access tracks must be removed and the affected areas rehabilitated to the satisfaction of Melbourne Water and the Responsible Authority within 3 months of the date of Practical Completion of the development.

54 Before the initial occupation of the development, the areas set aside for the parking of vehicles, access lanes and driveways as shown on the approved plans must be:

x Constructed

x Properly formed to such levels that they can be used in accordance with the plans

x Surfaced with reinforced concrete, asphalt or paving

x Drained and maintained

x Line marked to indicate each car space and all access lanes

x Clearly marked to show the direction of traffic along access lanes and driveways

to the satisfaction of the Responsible Authority.

6.0 EXPIRY

The control in this document in relation to Peninsula Link expires if any of the following circumstances applies: x the development allowed by this control is not started by 1 August 2011; or x the development allowed by this control is not completed by 1 August 2016; or x the use allowed by the control is not started by 1 August 2016.

The control in this document in relation to the twin Freeway Service Centres expires if any of the following circumstances applies: x the development allowed by this control is not completed within 2 years of the approval date of Mornington Peninsula Planning Scheme Amendment C183; or x the use allowed by the control is not started within 2 years of the approval date of Mornington Peninsula Planning Scheme Amendment C183. The Minister for Planning may extend the periods referred to if a request is made in writing before the time expires or within three months afterwards. Attachment 3

Map 1 Project area map Attachment 3

Map 2