Peninsula Link Project Incorporated Document

Incorporated document pursuant to section 6(2)(j) of the Planning and Environment Act 1987 July 2009 (amended June 2011 and February 2014). 1.0 INTRODUCTION This document is an incorporated document in the Frankston and Mornington Peninsula Planning Schemes 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 Frankston or Mornington Peninsula Planning Schemes.

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 the land shown on the attached Project Area Map.

The land specified in this clause is referred to as the Peninsula Link Project Area.

4.0 CONTROL Despite any provision to the contrary or any inconsistent provision in the Frankston or Mornington Peninsula Planning Schemes, no planning permit is required for, and nothing in those Planning Schemes operates to prohibit or restrict, use or development of the Peninsula Link Project Area for:  a freeway standard road connecting Mornington Peninsula Freeway/EastLink at Carrum Downs and the Mornington Peninsula Freeway at Mount Martha;  various interchanges, grade separations and associated road connections;  a shared path substantially along the road's alignment;  activities ancillary to any of the abovementioned matters including, but not limited to: o creating and using lay down areas for construction purposes; o removing, destroying and lopping trees and removing vegetation; o demolishing structures; o altering watercourses; o constructing fences, walls and barriers; o creating or altering access to a road in a Road Zone; o constructing and using temporary site workshops and storage, administration and amenity buildings; o 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;  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 on part of the land at 240-300 McClelland Drive, Langwarrin (Vol 09023 Fol 101, Vol 09023 Fol 102, Vol 09023 Fol 100) (within the Peninsula Link Project Area); and  twin Freeway Service Centres serving northbound and southbound freeway traffic on part of the land located at 129A Moorooduc Highway, Baxter comprising Lot 1 on PS 637226V (Vol 09516 Fol 959), 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.

This control is subject to the conditions in clause 5 of this document.

5.0 CONDITIONS

5.1 Preparation of an Environment Management Plan 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 Linking Melbourne Authority (formerly Southern and Eastern Integrated Transport Authority), except as provided for in conditions 5.4 and 5.5, 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 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: 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 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 Temporary mobile asphalt batching plant Part of the land situated at 240-300 McClelland Drive, Langwarrin (Vol 09023 Fol 101, Vol 09023 Fol 102, Vol 09023 Fol 100) may be developed and used for a mobile batching plant and associated buildings and works, for the purposes of manufacturing, processing and transporting the asphalt to be used in the construction of the Peninsula Link roads. The use and development must be conducted in accordance with the following conditions: a) Use and development must be carried out in accordance with the terms of any Works Approval issued by the Environment Protection Authority Victoria, pursuant to the Environment Protection Act 1970, to the satisfaction of the Responsible Authority; b) The use and development must be managed so that the amenity of the area is not detrimentally affected, through the: i) transport of materials, goods or commodities to or from the land ii) appearance of any building, works or materials iii) emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil iv) presence of vermin or v) others as appropriate; c) Removal of native vegetation, provision of native vegetation offsets and widening of internal roads must be carried out in accordance with the approved variation to the Work Plan under Work Authority 239, in consultation with the Department of Sustainability and Environment (DSE) and to the satisfaction of the Responsible Authority; and d) Within six months of completion of the Peninsula Link Project or such other period approved by the Responsible Authority, the mobile asphalt batching plant must be removed from the land to the satisfaction of the Responsible Authority.

5.5 Freeway Service Centres Part of the land located at 129A Moorooduc Highway, Baxter comprising Lot 1 on PS 637226V (Vol 09516 Fol 959) may be used and developed 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. The use and development must be conducted in accordance with the following conditions: a) Prior to the construction or carrying out of any buildings or works, final plans showing the location of all buildings, landscaping and associated features must be prepared, submitted to and endorsed by the responsible authority. Except as authorised by the responsible authority, the plans must be generally in accordance with the plans 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 3 April, 2013 and the landscape plans prepared by John Patrick Landscape Architects 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; b) The development and use as shown on the approved plans must not be altered without the prior written consent of the responsible authority; c) Prior to the submission of final plans to the responsibly authority, the developer must seek the views of the Roads Corporation on the proposal. The views of the Roads Corporations must be provided, in writing, to the responsible authority with the final plans; d) Prior to the construction or carrying out of any buildings or works, evidence must be provided to the satisfaction of the responsible authority that any necessary approval required under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) has been obtained; e) Prior to the construction or carrying out of any buildings or works, the developer must enter into a Freeway Access Agreement with VicRoads providing for access to the Peninsula Link freeway to the satisfaction of Linking Melbourne Authority. The developer must comply with all conditions required by VicRoads under the terms of the Agreement; f) Prior to the construction or carrying out of any buildings or works, a detailed Construction Management Plan must be submitted to and approved by the responsible authority. All development and works must be carried out in accordance with the approved Construction Management Plan, to the satisfaction of the responsible authority; g) Prior to the construction or carrying out of any buildings or works, an Environmental Management Plan must be submitted to and approved by the 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 ‘Victoria’s Native Vegetation Management, A Framework for Action’ (Department of Natural Resources and Environment, 2002), including any offset measures; h) Prior to the construction or carrying out of any buildings or works, an Operational Management Plan must be prepared to the satisfaction of 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, goods 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; i) 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 the responsible authority addressing how the use and development will mitigate any likely or potential noise impacts on the surrounding residential areas; j) Prior to the commencement of the use, the landscaping works shown on the approved Landscape Plan must be carried out and completed to the satisfaction of the responsible authority. The landscaping must be maintained 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:  the development allowed by this control is not started by 1 August 2011; or  the development allowed by this control is not completed by 1 August 2016; or  the use allowed by the control is not started by 1 August 2016.

The control in this document in relation to the two Freeway Service Centres expires if any of the following circumstances applies:  the development allowed by this control is not started by 1 January 2017; or  the development allowed by this control is not completed by 1 January 2019.

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.