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GREATER DANDENONG PLANNING SCHEME AMENDMENT C218gdan

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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 or Bushfire Management Overlay.

Does the Amendment comply with the requirements of any Minister’s Direction applicable to the Amendment?

Section 12(2)(a) of the Act requires that in preparing a planning scheme amendment, a planning authority must have regard to the Minister’s Directions. The following Minister’s Directions are relevant to this amendment:

Ministerial Direction on the Form and Content of Planning Schemes

The amendment is consistent with the Ministerial Direction – The Form and Content of Planning

Schemes under section 7(5) of the Act.

Direction No. 1 Potentially Contaminated Land

This Ministerial Direction is not relevant as the amendment will not facilitate a sensitive land use.

Under the Potentially Contaminated Land General Practice Note, the uses occurring on the affected

land have a high and/or medium potential for contamination. LXRP has held preliminary discussions with the Environment Protection Authority (EPA) regarding the future management of this potentially contaminated land. LXRP will manage any potentially contaminated land in accordance with EPA and legislative requirements for any future approval to enable the delivery of the future level crossing removal.

Direction No. 9 Metropolitan Planning Strategy

The most relevant principles / outcome / directions of Plan Melbourne 2017-2050 to the project are:



Principle 8 – Infrastructure investment that supports balanced city growth. Outcome 3 - Melbourne has an integrated transport system that connects people to jobs and services and goods to market.



Direction 3.1 – Transform Melbourne’s transport system to support a productive city. Direction 3.2 – Improve transport in Melbourne’s outer suburbs. Policy 1.1.3 – Facilitate the development of national employment and innovation clusters.

The amendment is consistent with Direction No. 9 Metropolitan Planning Strategy and Plan Melbourne

2017-2050 in that it will enable land acquisition to commence for the purposes of the project which will:

Facilitate a more reliable and efficient transport system, for motorists and public transport, to support a more productive city, noting the level crossing is within the Dandenong National Employment and Innovation Cluster and within a State-significant industrial precinct.



Facilitate transport projects that improve accessibility to jobs and community services. Facilitate the improvement of local travel options, which will increase social and economic participation.

Facilitate improvement in the safe and efficient operation of the existing transport network.

Direction No. 11 Strategic Assessment of Amendments

The amendment has been prepared having regard to Direction No. 11 Strategic Assessment of Amendments and Planning Practice Note 46: Strategic Assessment Guidelines.

Direction No. 19 Preparation and Content of Amendments that may significantly impact the environment, amenity and human health

The amendment has been prepared having regard to Direction No. 19 – Ministerial Direction on the Preparation and Content of Amendments that may significantly impact the environment, amenity and human health and Ministerial requirement for information for authorisation or preparation of amendments that may significantly impact the environment, amenity and human health.

The amendment will not result in significant impacts on the environment, amenity and human health due to pollution or waste. The amendment seeks only to apply the PAO to the affected land to reserve it for the purpose of the project.

How does the Amendment support or implement the Planning Policy Framework and any adopted State policy?

The amendment will facilitate the acquisition of the affected land, which is required for the project. This supports the Planning Policy Framework (PPF) and adopted State policy as follows:

Settlement

The amendment is consistent with Clause 11 (Settlement) in that it facilitates land acquisition for a project that will contribute to the future establishment of a metro-style rail system by delivering separated road and rail crossings.

Built Environment and Heritage

The amendment is consistent with Clause 15 (Built Environment and Heritage) in that the application of the PAO will not impact the built environment and will contribute to improved safety by enabling land to be secured for a future project that will reduce conflict between trains, vehicles, cyclists and pedestrians.

Economic Development

Supports and implements Clause 17 (Economic Development) as the amendment will assist to facilitate a future project that will improve relationships between regions by allowing improved flow of traffic and support the local area with improved public transport and integrated walking and cycling paths.

The amendment will enable the partial acquisition of vacant land at 1-27 Princess Highway Dandenong South and 20 South Gippsland Highway Dandenong South. These parcels of land are zoned Commercial 2 Zone and Industrial 1 Zone and are currently vacant. 23-25 South Gippsland Highway Dandenong South is zoned Commercial 2 Zone and is proposed to be acquired in its entirety; it is currently used as a service station. The amendment will not rezone land to an incompatible land use therefore will not prejudice the state-significant industrial land in the precinct identified in Clause 17.03-3S.

Transport

The amendment supports and implements Clause 18 (Transport) as it will facilitate a future project which will:

Contribute to the development of a metro-style rail system through providing grade separation between vehicles, trains, pedestrians and cyclists.

Facilitate safer and more efficient movement of freight to meet local needs and service markets throughout Victoria by removing constraints on the current road network.

How does the Amendment support or implement Local Planning Policy Framework, and specifically the Municipal Strategic Statement?

The application of the PAO reserves the affected land for the purpose of the project. The PAO will not itself allow any use or development on the affected land. The application of the PAO will be consistent with the Local Planning Policy Framework of the Greater Dandenong Planning Scheme, in that it will assist to facilitate delivery of a future project which will:

Improve local accessibility and transport within a state-significant industrial area, recognising the importance of industry in Greater Dandenong (Clause 21.02 and Clause 21.07).

Minimise the loss of industrial land as much as practical and ensure industrial land use in Greater Dandenong is not materially affected (Clause 21.04-3).

Does the Amendment make proper use of the Victoria Planning Provisions?

The amendment makes use of Clause 45.01 to include PAO7, which makes the Secretary of the Department of Transport the acquiring authority for PAO7 (for the purpose of the Level Crossing Removal Project – South Gippsland Highway, Dandenong South). The use of a PAO to reserve land which is proposed to be purchased by the Secretary to enable the removal of South Gippsland Highway, Dandenong South level crossing, is a proper use of Clause 45.01 which has the purpose of reserving land for a public purpose and identifying land which is proposed to be acquired by a public authority.

How does the Amendment address the views of any relevant agency?

The views of the following agencies have been sought and considered by LXRP prior to the preparation of the amendment:



EPA Greater Dandenong City Council

Does the Amendment address relevant requirements of the Transport Integration Act 2010?

The Transport Integration Act 2010 requires interface bodies (i.e. planning authorities) to have regard to the transport system objectives, the decision-making principles and any applicable statement of policy principles when exercising powers and performing functions that are likely to have a significant impact on the transport system.

The amendment supports the Transport Integration Act 2010 as the project it facilitates is consistent with the key transport system objectives and decision-making principles and will have a positive impact on the transport system.

In particular, the amendment was drafted in consultation with key stakeholders and facilitates a future project that will:



Contribute to a program of network-wide improvements; Improve reliability, capacity and travel time; and Improve safety for road and rail users, pedestrians and cyclists.

In doing so, the amendment has addressed the following key transport system objectives and decision-making principles in the Transport Integration Act 2010 as it will:

Division 2 – Transport system objectives

Section 8 Social and economic inclusion: Assist to facilitate a project that will support social and economic inclusion by improving relationships between regions by allowing improved traffic flows, thereby expanding opportunities for access to social and economic opportunities for metropolitan communities and south-eastern communities.

Section 9 Economic prosperity: Provide for certainty for owners and businesses on the affected land, with statutory compensation in accordance with the Land Acquisition and Compensation Act 1986. The project which the amendment will assist to facilitate will support economic prosperity in the metropolitan area and the region by creating jobs and facilitating easier access to employment opportunities. The project will improve existing transport infrastructure, achieving greater operational efficiencies for Victoria.



Section 10 Environmental sustainability: The project which the amendment will assist to facilitate will promote the efficient use of public transport in the overall transport system and it will support the development of the rail network as a sustainable transport option for all Victorians.

Section 11 Integration of transport and land use: The affected land is the minimum extent

necessary to enable the construction of the project. High quality urban design outcomes in the final project will be provided in accordance with LXRP’s Urban Design Framework.

Section 12 Efficiency, coordination and reliability: As part of a wider level crossing removal

program, the amendment will help facilitate network-wide efficient, coordinated and reliable movements of people and vehicles and contribute to a more efficient and reliable metropolitan rail network.

Section 13 Safety and health and wellbeing: The project which the amendment will assist to

facilitate will eliminate conflict between trains, vehicles and pedestrians and the overall corridor improvements will be designed and constructed to enhance safety, functionality and usability.

Division 3 – Decision-making principles

Section 15 Principle of integrated decision-making: The amendment and project have been the

subject of a coordinated process between different levels of government and relevant agencies. The amendment will ensure the project is delivered in a timely manner to support the current and future requirements of the transport system and the demands of metropolitan Melbourne.



Section 16 Principle of triple bottom line assessment: Economic, environmental and social factors

have been considered. The investigations and assessments undertaken for the amendment satisfy the principles of triple bottom-line assessment.

Section 17 Principle of equity: The improvements enabled to transport infrastructure will increase train and network efficiencies. These rail services are available to all persons and provide transport opportunities to those who may not have alternative options such as ownership of a private vehicle.



Section 18 Principle of the transport system user perspective: The transport system upgrades

facilitated by the amendment will improve the public transport experience for users of the rail network.

Section 19 Precautionary principle: The precautionary principle has been followed in the development of the amendment and project with careful specialist investigation and evaluation planned to avoid serious or irreversible damage to the environment.

Section 20 Principle of stakeholder engagement and community participation: The amendment is

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    1976-77 VICTORIA COUNTRY ROADS BOARD SIXTY-FOURTH ANNUAL REPORT FOR YEAR ENDED 30th JUNE, 1977 PRESENTED TO BOTH HOUSES OF PARLIAMENT PURSUANT TO ACT No. 6229 By Amhority: F. D. ATKINSON, GOVERNMENT PRINTER, MELBOURNE No. 95-10584/77-PRICE $1.10 Country Roads Board Victoria Sixty-fourth Annual Report for year ended 30th June, 1977 Presented to both Houses of Parliament pursuant to Act No. 6229 R. E. V. Donaldson Chairman T. H. Russell Deputy Chairman W S. Brake Member Principal Officers Dr. K. G. E. Moody as at 30th June, 1977 Engineer in Chief N. L. Allanson Secretary R. G. Cooper Chief Accountant N. S. Guerin Deputy Engineer in Chief C. C. Liddell Deputy Secretary R. J. C. Bulman Deputy Chief Accountant Divisional Engineers and A. N. Jephcott Regional Divisional Offices Bairnsdale E. T. Oppy Ballarat R. R. Patterson Benalla T. M. Glazebrook Bendigo S.H.Hodgson Dandenong G. W. Marshallsea Geelong J. W Heid Hors ham L. M. Jones Cover: A range of locations showing the various Metropolitan uses the Board makes of plant growth on the roadside. The Board planted 129,246 Dr. D. T. Currie trees and shrubs throughout the State during 1976-77, at a cost of $46,813. Of Traralgon the total figure. 90,471 trees and shrubs were planted within the Board's two divisions which cover Metropolitan F. G. Lodge Melbourne and its surrounds. Warrnambool Pictured are (from top to bottom): 1. Trees now established on the Ovens Highway, near Tarrawingee. 2. Creek treatment and rest area, Princes Highway East near Rosedale.
  • Melbourne to Yarram Via Leongatha, Koo Wee Rup and Dandenong

    Melbourne to Yarram Via Leongatha, Koo Wee Rup and Dandenong

    Yarram, Leongatha AD Effective 31/01/2021 Melbourne to Yarram via Leongatha, Koo Wee Rup and Dandenong Monday to Friday Service METRO COACH METRO COACH METRO COACH METRO COACH METRO COACH METRO COACH Service Information ∑ ∑ ∑ ∑ ∑ ∑ SOUTHERN CROSS dep 05.22 06.25 08.17 09.10 10.21 11.10 12.21 13.05 14.01 14.50 16.35 16.55 FLINDERS STREET dep 05.36 – 08.23 – 10.32 – 12.32 – 14.12 – 16.41 – Caulfield 05.50 – 08.38 – 10.47 – 12.47 – 14.27 – 16.56 – DANDENONG arr 06.18 – 09.07 – 11.16 – 13.16 – 14.56 – 17.26 – Change Service COACH COACH COACH COACH COACH COACH Service Information ∑ ∑ ∑ ∑ ∑ ∑ DANDENONG dep 06.37 – 09.25 – 11.25 – 13.25 – 15.10 – 17.35 – Cranbourne (1) 07.00u – 09.48u – 11.48u – 13.48u – 15.45u – 17.58u – Cranbourne (2) 07.04u – 09.53u – 11.52u – 13.53u – 15.49u – 18.03u – Five Ways 07.09u – 09.58u – 11.57u – 13.58u – 15.54u – 18.08u – Tooradin 07.16 – 10.04 – 12.04 – 14.04 – 16.01 – 18.14 – KOO WEE RUP arr 07.25 07.22 10.14 10.15 12.13 12.15 14.14 14.15 16.11 16.10 18.24 18.25 Change Service COACH COACH COACH COACH COACH COACH Service Information ∑ ∑ ∑ ∑ ∑ ∑ KOO WEE RUP dep 07.27 07.27 10.20 10.20 12.20 12.20 14.20 14.20 16.15 16.15 18.30 18.30 Lang Lang 07.37 07.37 10.30 10.30 12.30 12.30 14.30 14.30 16.25 16.25 18.40 18.40 Nyora 07.51 07.51 10.44 10.44 12.44 12.44 14.44 14.44 16.39 16.39 18.55 18.55 Loch 08.01 08.01 10.54 10.54 12.54 12.54 14.54 14.54 16.49 16.49 19.04 19.04 Korumburra 08.14 08.14 11.07 11.07 13.07 13.07 15.07 15.07 17.02 17.02 19.17 19.17 Coal Creek 08.16 08.16 11.09 11.09 13.09 13.09 15.09 15.09 17.04 17.04
  • Level Crossing Removal Update

    Level Crossing Removal Update

    View looking at new signalised T-intersection of Princes Highway and South Gippsland Highway. Artist impression only. Subject to change. LEVEL CROSSING SOUTH GIPPSLAND HIGHWAY, DANDENONG SOUTH REMOVAL UPDATE MAY 2020 The removal of the dangerous and congested level crossing at South Gippsland Highway is one step closer with a contract Why the South Gippsland awarded and early works now underway. Major construction Highway level crossing will start in mid-2020. has to go? 31,000 cars travel The level crossing will be removed Early works will include site through the level crossing by building a road bridge over the establishment on South Gippsland each day rail line. This design will provide Highway, underground services significant benefits including relocation, and preliminary road Boom gates down for improved pedestrian connections works to prepare for traffic changes a third of the two-hour and access to important services on Princes Highway and South morning peak for the local community. Gippsland Highway. Improve the safety of An alliance comprising of Metro Major works in mid-2020 will involve cyclists, pedestrians Trains Melbourne (MTM) and Fulton the construction of the new road and drivers Hogan will oversee the delivery of bridge and new signalised intersection these works. These organisations on South Gippsland Highway. Allow more train services have been recently awarded a to run in the future contract to remove the level We will work to minimise any local and improve access to crossings at Evans Road, Lyndhurst disruptions or community impacts facilities and services and Cardinia Road, Pakenham. while these works take place.
  • Download the Ordinary Council Minutes

    Download the Ordinary Council Minutes

    SOUTH GIPPSLAND SHIRE COUNCIL Council Minutes Ordinary Meeting of Council 25 September 2019 Ordinary Meeting No. 438 Council Chambers, Leongatha Commenced at 2pm ADMINISTRATORS Christian Zahra, Deputy Chair Rick Brown minutes Minutes - 25 September 2019 MISSION South Gippsland Shire will be a place where our quality of life and sense of community are balanced by sustainable and sensitive development, population and economic growth. Privacy Council is required to keep minutes of each Council meeting. The minutes contain details of proceedings which may include personal information about community members disclosed as part of presentations, submissions and questions. The minutes of Council meetings are a public record and can be inspected by members of the public. Council undertakes audio recordings of Council Meetings as a contribution to good governance and accuracy of minutes. An audio recording of this meeting is being made for the purpose of verifying the accuracy of minutes of the meeting. In some circumstances the recording may be disclosed, such as where Council is compelled to do so by court order, warrant, and subpoena or by any other law such as the Freedom of Information Act 1982. It should be noted that other people present at the meeting may be recording the meeting and Council has limited power to regulate this. Council has developed a policy to regulate recordings, “Sound Recording of Council Meetings”. A copy of this policy is located on Council’s South Gippsland Shire Council 2 website www.southgippsland.vic.gov.au. Ordinary Meeting of Council No. 438 - 25 September 2019 Minutes - 25 September 2019 PRESENT ADMINISTRATORS: Christian Zahra, Deputy Chair Frederick (Rick) Brown NOT PRESENT: Julie Eisenbise with leave of Council granted at Ordinary Council Meeting 28 August 2019.