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GREATER DANDENONG PLANNING SCHEME AMENDMENT C218gdan

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GREATER DANDENONG PLANNING SCHEME AMENDMENT C218gdan Planning and Environment Act 1987 GREATER DANDENONG PLANNING SCHEME AMENDMENT C218gdan 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 Level Crossing Removal Project (LXRP), part of the Major Transport Infrastructure Authority which is an administrative office established under the Public Administration Act 2004 within the Department of Transport. Land affected by the Amendment This amendment applies to land located in the vicinity of the South Gippsland Highway level crossing in Dandenong South (level crossing). The land affected by the amendment (affected land) comprises three parcels of privately-owned land as follows: Part of 1-27 Princes Highway Dandenong South; Part of 20 South Gippsland Highway Dandenong South; and The whole of 23-25 South Gippsland Highway Dandenong South. What the Amendment does The amendment introduces a new Public Acquisition Overlay (PAO) for the purpose of the South Gippsland Highway, Dandenong South Level Crossing Removal Project by: Amending the schedule to Clause 45.01 ‘Public Acquisition Overlay’ to include PAO7, which makes the Secretary of the Department of Transport the acquiring authority for PAO7; and Amending Planning Scheme Map Nos. 06PAO and 09PAO to show PAO7 applying to land to be acquired. The purpose of the PAO is to reserve the affected land for a public purpose, enabling it to be acquired for the future delivery of the South Gippsland Highway level crossing removal project (project). The ability to acquire the affected land will facilitate the timely delivery of the project. Strategic assessment of the Amendment Why is the Amendment required? The amendment is required to facilitate the timely and coordinated delivery of the future level crossing removal project. The South Gippsland Highway, Dandenong South level crossing is part of the Victorian Government’s commitment to remove 75 dangerous and congested level crossings across metropolitan Melbourne by 2025. The amendment is required to reserve the affected land to be acquired for the purpose of the future level crossing removal. The level crossing removal at South Gippsland Highway, Dandenong South, which the amendment will facilitate reserving land for, is identified in Plan Melbourne 2017-2050, which also recognises the State significance of the Dandenong National Employment and Innovation Cluster in which the level crossing is located. The amendment is supported by the Planning Policy Framework in both the Greater Dandenong as it facilitates a project which is approved and supported by the Victorian Government. Because of the proximity of the level crossing to South Gippsland Highway’s intersection with Princes Highway, South Gippsland Highway must be reoriented to the east to meet roadway gradient requirements. Investigations undertaken have ascertained the extent of private land required for the project. Approximately 31,000 vehicles per day use the level crossing. To allow trains to pass through, boom gates must operate, causing lengthy delays to vehicles, pedestrians, cyclists and bus services near the level crossing, particularly during morning and evening peak periods. The boom gates are down for up to 40 minutes during the two-hour morning weekday peak period. Delays and congestion caused by the operation of the boom gates reduce the effectiveness of train and bus services that serve the area and are a constraint on increasing public transport services in the future. Removal of the level crossing will allow for increased public transport capacity on the Pakenham rail line and facilitate improved pedestrian and cycling connections in the area. Reserving the affected land will facilitate the timely removal of the level crossing at South Gippsland Highway which will increase road, rail and pedestrian safety and improve public transport efficiency, helping to achieve the objectives for transport infrastructure in the metropolitan strategy Plan Melbourne 2017-2050, Public Transport Victoria Network Development Plan - Metropolitan Rail (2012) and Trains, Trams, Jobs 2015 -2025 - Victorian Rolling Stock Strategy (2015). The amendment will enable the benefits of the project to be realised sooner. How does the Amendment implement the objectives of planning in Victoria? The amendment implements the objectives of planning in Victoria as set out in Section 4 of the Planning and Environment Act 1987 (the Act) as follows: (a) to provide for the fair, orderly, economic and sustainable use, and development of land The amendment will enable the orderly provision and coordination of public and road transport for the benefit of the community, as it will facilitate the project. The early identification and acquisition of the affected land will reduce uncertainty for the affected landowners and occupiers. (b) to provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity The amendment will not impact any environmental values associated with the affected land as the effect of the amendment is only to reserve the affected land for the purpose of the project. (c) to secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria The amendment will contribute to a more efficient use of existing infrastructure by enabling a project that will improve the reliability of the rail network as well as improving the safety and efficiency of the road and rail network. (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 The amendment will not impact any buildings or other places of scientific, aesthetic, architectural or historic interest as the effect of the amendment is only to reserve the affected land for the purpose of the project. (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 The amendment will not impact any public utilities or facilities as the effect of the amendment is only to reserve the affected land for the purpose of the project. (g) to balance the present and future interests of all Victorians The amendment will reserve the affected land for the purpose of the project. This will allow the commencement of the statutory process to acquire the land under the Land Acquisition and Compensation Act 1986 which provides for appropriate compensation for affected landowners. By enabling the acquisition of land for the purposes of the removal of the South Gippsland Highway, Dandenong South Level Crossing, the amendment will benefit present and future users of public transport infrastructure and Victorians living, working and travelling in the vicinity of the level crossing, when the level crossing is removed in the future. How does the Amendment address any environmental, social and economic effects? The future acquisition of the affected land is not considered to create any significant adverse environmental, social or economic effects, as follows: Environmental Effects The amendment will not create any environment effects as the amendment only reserves the land for a public purpose and does not allow any change to use or development requirements of the affected land. Social Effects The amendment will result in the acquisition of one operating business (a petrol station) at 23- 25 South Gippsland Highway, Dandenong South and part of 1-27 Princess Highway Dandenong South and 20 South Gippsland Highway Dandenong South. The statutory process to acquire land under the Land Acquisition and Compensation Act 1986 provides for compensation for affected landowners and businesses. It is considered that this statutory process is the appropriate means to address impacts to the business associated with the acquisition. The amendment will not facilitate the acquisition of any residential or publicly owned or used land. There will therefore be no social effects from the displacement of residences, loss of community facilities or permanent loss of public open space as a result of the amendment. Economic Effects The amendment will enable the partial acquisition of vacant land at 1-27 Princess Highway Dandenong South and 20 South Gippsland Highway Dandenong South and the entire site at 23-25 South Gippsland Highway Dandenong South. The statutory process to acquire land under the Land Acquisition and Compensation Act 1986 provides for compensation for affected landowners and businesses. It is considered this process will appropriately compensate for adverse economic effects on the landowners and business caused by the acquisition of this land. The amendment will facilitate the acquisition of the affected land which will reduce uncertainty for the landowners and enable them to plan for any impacts on their businesses. The future project that will be facilitated by the land acquisition enabled by this amendment will have positive economic effects including supporting the prosperity and competitiveness of Victoria by reducing travel delays, which will contribute to increased productivity in the state-significant Dandenong South industrial precinct. How does the Amendment address any relevant bushfire risk? The application of the PAO has no impact on bushfire risk as the land is not identified in a Bushfire Prone Area
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