Ballarat Line Upgrade
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Ballarat Line Upgrade Incorporated Document August 2018 1. INTRODUCTION 1.1 This document is an incorporated document in the Ballarat, Melton and Moorabool Planning Schemes (Planning Schemes) and is made pursuant to section 6(2)(j) of the Planning and Environment Act 1987. 1.2 The land identified in Clause 3 of this document may be used or developed in accordance with the specific control in Clause 4 of this document. 1.3 The control in this document prevails over any contrary or inconsistent provision in the Planning Schemes. 2. PURPOSE 2.1 The purpose of the control in this document is to allow the use and development of the land described in Clause 3 for the purposes of the Ballarat Line Upgrade (Project). 2.2 The Project includes, but is not limited to: City of Ballarat • Duplication of track between Gillies Street North and Wendouree Station. • An upgrade to Wendouree Station, including a second platform and pedestrian link. City of Melton • Duplication of approximately 18 kilometres of track between Deer Park West and west of Melton Station. • An upgrade of Rockbank Station, including replacement of existing platforms, a pedestrian link, car parking and bus interchange. • Site preparation works, including raised tracks and provision of pedestrian infrastructure, to safeguard for a future station at Toolern. Shire of Moorabool • New stabling facilities at Maddingley and removal of the stabling facilities at Bacchus Marsh. • Utility connections works on Kerrs Road and Osborne Street in Maddingley. • Duplication of approximately four kilometres of track between Bacchus Marsh Station and Rowsley Station Road, Maddingley. • Upgrades of Bacchus Marsh and Ballan stations, including new platforms, pedestrian links, car parking and bus interchanges. • New passing loops at Ballan and Millbrook. • Modifications to two road bridges that cross the Ballarat line at Peerewerrh and Spreadeagle Roads. Page 2 of 9 3. LAND TO WHICH THIS INCORPORATED DOCUMENT APPLIES 3.1 The control in this document applies to the land required for the Project, as shown on the maps at Appendix 1, and described as: • The Project Land for land coloured ‘red’ in Appendix 1. • The Wider Project Land for land coloured ‘blue’ in Appendix 1. 4. CONTROL 4.1 Exemption from planning scheme requirements 4.1.1 Despite any provision to the contrary or any inconsistent provision in the Planning Schemes, no planning permit is required for, and no provision in the Planning Schemes operate to prohibit or restrict, the use and development of the land described in Clause 3 for the purposes of the Project. 4.1.2 The Project includes, but is not limited to: a) Use and development of the Project Land for a Railway or Railway station, including ancillary use and development such as train stabling facilities, and all associated structures, roads, cuttings, batters and fill, communications, signalling, electrical infrastructure, and public transport related infrastructure. b) Use and development of the Project Land or the Wider Project Land for ancillary activities to the use and development described in Clause 4.1.2(a), including, but not limited to: i. Use and development of lay down areas for construction purposes. ii. Use and development of temporary site workshops, storage, administration and amenities buildings, vehicle parking areas, and access roads. iii. Constructing fences, temporary sites barriers and site security. iv. Displaying signs. v. Removing, destroying and lopping trees and removing vegetation, including native vegetation. vi. Demolishing and removing buildings and works. vii. Carrying out works to alter watercourses. viii. Constructing and carrying out works to create bunds, mounds and landscaping, and to alter drainage and utilities. Page 3 of 9 ix. Creating or altering access to a road in a Road Zone. x. Subdividing and consolidating land. c) Any use or development that the responsible authority confirms in writing is for the purposes of the Project. 4.1.3 Land uses in italics have the same meaning as in Clause 73 of the Planning Schemes. 4.2 Conditions 4.2.1 The use and development permitted by this document must be undertaken in accordance with the following conditions: Environmental Management Framework 4.2.2 Prior to the commencement of any buildings or works (excluding preparatory buildings and works under Clause 4.3), an Environmental Management Framework (EMF) must be prepared to the satisfaction of the responsible authority. The EMF must be prepared in consultation with Ballarat City Council, Melton City Council and Moorabool Shire Council, as relevant at the time the EMF is prepared 4.2.3 The EMF must include: a) Environmental Performance Requirements to define the environmental outcomes that must be achieved for the design and construction of the Project, including: i. Measures to protect residents and other sensitive receptors from noise and light spill during construction of the Project, particularly where works are undertaken out-of-hours. ii. Measures to protect residential amenity from visual impacts, light spill and noise associated with the construction and operation of the new stabling facilities at Maddingley. b) The process and timing for preparation of a Construction Environment Management Plan and any sub-plan that is required by the Environmental Performance Requirements. c) The monitoring, reporting and auditing processes to ensure compliance with the Environmental Performance Requirements. d) Details of the entity responsible for the approval of each plan required by this document or the Environmental Performance Requirements. Native vegetation 4.2.4 Details of the proposed removal, destruction, lopping and offsetting of native vegetation necessary for the construction of the Project, must be prepared in accordance with the: Page 4 of 9 a) Permitted clearing of native vegetation - Biodiversity assessment guidelines (Department of Environment and Primary Industries, September 2013); and b) Biodiversity Conservation Strategy for Melbourne’s Growth Corridors (Department of Environment and Primary Industries, June 2013), to the satisfaction of the Secretary to the Department of Environment, Land, Water and Planning (DELWP), except as otherwise agreed by the Secretary to DELWP. Creating or altering access to roads 4.2.5 Any buildings or works to create or alter access to a road declared as a freeway or arterial road under the Road Management Act 2004, land owned by the Roads Corporation for the purpose of a road, or land in a Public Acquisition Overlay if the Roads Corporation is the acquiring authority for the land, must be undertaken to the satisfaction of the Roads Corporation. 4.2.6 Before a plan of subdivision is certified under the Subdivision Act 1988, the consent of the Roads Corporation must be obtained to subdivide land adjacent to a road declared as a freeway or arterial road under the Road Management Act 2004, land owned by the Roads Corporation for the purpose of a road, or land in a Public Acquisition Overlay if the Roads Corporation is the acquiring authority for the land. Heritage management 4.2.7 Prior to the commencement of development (excluding preparatory buildings and works under Clause 4.3) on Project Land affected by the Heritage Overlay, documentation must be prepared to the satisfaction of the responsible authority (except as otherwise agreed by the responsible authority). The documentation must be prepared in consultation with the relevant council. The documentation must include: a) Site plans and elevations showing the proposed development. b) An assessment of the impact of the proposed development on the heritage place. Other conditions 4.2.8 Unless otherwise stated, the plans and documentation required under Clause 4.2 must be approved prior to the commencement of any buildings or works (excluding preparatory buildings and works). The plans and documentation may be prepared and approved for separate components or stages of the Project, each plan or document must be approved before commencement of buildings or works for that component or stage. 4.2.9 The plans and documentation may be amended from time to time to the satisfaction of the responsible authority or relevant approving authority. In deciding whether a plan or documentation is satisfactory or whether to consent to an amendment to a plan or document, the responsible authority or relevant approving authority may seek the views of any relevant council or any other relevant authority. Page 5 of 9 4.2.10 The use and development of land for the Project must be undertaken generally in accordance with the approved plans and documentation. 4.3 Preparatory buildings and works 4.3.1 The following buildings and works may commence in the Project Land and Wider Project Land before the plans and documentation listed in Clause 4.2 are approved: a) Preparatory buildings and works for the Project including, but not limited to: i. Works, including vegetation removal, where, but for this incorporated document, a planning permit would not be required under the Planning Schemes. ii. Investigating, testing and preparatory works to determine the suitability of land and property condition surveys. iii. Construction of access points and working platforms. iv. Site establishment works including temporary site fencing and hoarding, site offices, and hardstand and laydown areas. v. Construction, protection, modification, removal or relocation of utility services, rail signalling, overhead and associated infrastructure. vi. Establishment of environment and traffic controls,