Planning and Environment Act 1987

STRATHBOGIE PLANNING SCHEME

AMENDMENT C34

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.

Land affected by the amendment.

The amendment applies to land along a proposed new alignment of the Goulburn Valley Highway between south of Mitchellstown Road, (to the south of ) and north of Weir Road (to the north of Nagambie) in the Strathbogie Shire together, with associated works.

The land that would be directly affected by the amendment is identified in the Goulburn Valley Highway Planning Assessment Report (PAR) Volume 2 November 2004, which contains the alignment maps and shows the associated reservations.

What the amendment does.

The amendment proposes to do the following:

• Introduce a Public Acquisition Overlay (PAO1) to identify the land to be reserved and acquired by VicRoads for the future construction of the Goulburn Valley Highway – Nagambie Bypass and associated access / service roads.

• Amend the schedule to Clause 45.01, so that for the designation ‘PAO1’, that the purpose of acquisition by Roads Corporation be for ‘Road Construction’, rather than for a more specific project.

• Amend the schedule to Clause 52.17 so that no permit is required to remove, destroy or lop vegetation to the minimum extent necessary, for works undertaken by or on behalf of VicRoads required for the construction of the Goulburn Valley Highway – Nagambie Bypass between south of Mitchellstown Road and north of Weir or for associated works.

Strategic assessment of the amendment

• Why is the amendment required?

The amendment is required to facilitate the implementation of the selected route of the Goulburn Valley Highway (GVH), Nagambie Bypass. The amendment will allow VicRoads to acquire the land for the new road in accordance with the provisions of the

Land Acquisition and Compensation Act. The amendment also proposes to release the Roads Corporation from the requirement to obtain planning permits for road works and for the removal, destruction or lopping of native vegetation.

Background

The Goulburn Valley Highway is an important Highway on the AusLink National Network, providing the major link between and Brisbane, as well as a major link between Victoria and inland New South Wales. This route is important for the transport of export goods including grain, live sheep, wool, beef, dairy products, fruits and vegetables to Victorian Ports.

• How does the amendment implement the objectives of planning in Victoria?

The planning scheme amendment will give effect to the objectives of planning in Victoria as outlined in the Planning and Environment Act 1987. In particular, objectives 4.1(b), (d) and (e) are relevant to the amendment: (b) to provide for the protection of natural and man-made resources and the maintenance of ecological processes and genetic diversity; (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; (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 meets each of the above objectives as the extensive investigations during the PAR process considered and addressed issues arising from these objectives.

The planning assessment objectives for the Nagambie Bypass are: 1. to provide a high standard route from Melbourne to and Melbourne to Brisbane; 2. to achieve a viable level of economic performance while meeting the road transport objectives for travel time, safety and reliable service; 3. to provide opportunities for social and business outcomes and to minimise adverse social and business effects; 4. to ensure that the State’s agricultural base is protected from unplanned loss of productive agricultural land due to permanent changes of land use; 5. to minimise impacts on areas and sites with significant historic, aesthetic, scientific and cultural values; 6. to minimise impacts on (indigenous) flora and fauna; and 7. to minimise impacts on air, soil and water quality.

• How does the amendment address the environmental effects and any relevant social and economic effects?

Environmental Effects

The Bypass’s performance has been assessed by an Advisory Committee which considered a Planning Assessment Report prepared by VicRoads that identified a range of mitigation measures which will be included in the further development of the project.

The advice from Specialist Consultants on key matters is listed below.

• Indigenous Flora and Fauna The Flora and Fauna consultant’s advice is that the dominance of introduced flora species indicates the high level of disturbance and degradation of native vegetation in the bypass corridor area. None of the flora species recorded is listed on any list of threatened species, including the EPBC Act, the FFG Act or the Department of Sustainability and Environment’s working list of threatened flora.

The consultant advises that although the Nagambie region is characterised by a high species richness of vertebrate fauna associated with a high diversity of terrestrial and freshwater wetland habitats, the investigation area represents a small portion of the Nagambie region. The investigation area supports many fewer species than the region generally as it is located in a comparatively degraded part of the region, subject to intensive agricultural production and lacking extensive remnant ecosystems

Two threatened mammal species have been recorded in the Nagambie Region, being the Brush tailed phascogale and the squirrel glider. However, the investigation corridor supports neither type of species and is characterised by highly degraded habitat remnants.

The consultant advises that because of its degraded nature, the investigation corridor is unlikely to support rare and threatened birds, reptiles and frogs recorded regularly in the Atlas of Victorian Wildlife for the Nagambie Region.

• Aboriginal Cultural Heritage In relation to Aboriginal cultural heritage, areas of cultural sensitivity are areas in which the probability of occurrence of items of cultural significance is relatively high. All three preferred alignments demonstrate similar broad areas of cultural sensitivity. The specialist consultant has recommended that the adopted alignment option be subject to a field survey prior to the commencement of construction. This impact mitigation measure will be undertaken.

Social and Economic Effects

The Goulburn Valley Highway is a major interstate highway and is one of the principal freight routes in Victoria and is also important to the production, distribution and marketing of fresh fruit. Freight movements along the highway to Melbourne’s ports and markets include grain, wool, beef, dairy products, fruit and vegetables. The Goulburn Valley Highway also serves the town of Nagambie, the Goulburn Valley and Murray Valley which attract tourist and recreational travel.

An assessment of the social and economic effects of the Bypass has been made taking into account evaluation criteria under the following headings:

• Transport Performance and Freight The planning assessment shows that the selected alignment, Option D1(e) would have a benefit-cost ratio, based on construction costs and travel benefits, of 0.65. While this outcome does not in itself provide an economic justification for the project, the associated “multiplier” benefits to regional economic activity would justify implementation of the project.

• Local Residents and Businesses The benefits associated with alignment D1(e) include improving safety for residents and the provision of better access to key employment and tourist destinations compared with the existing highway alignment.

• Agricultural Land Use One of the Project Assessment Objectives is to ensure that the State’s agricultural base is protected from unplanned loss of productive agricultural land due to permanent changes of land use. The investigations have determined that the adopted option would provide acceptable outcomes in terms of impacts on agriculture and soil and water quality.

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

The use and development envisaged by this amendment is not affected by any of the Minister's Directions under section 12 of the Planning and Environment Act 1987.

The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Act.

How does the amendment support or implement the State Planning Policy Framework?

The amendment is consistent with the State Planning Policy Framework and seeks to implement: • Clause 13 Principles of land use and development planning: by anticipating and responding to the needs of existing and future communities through the provision of infrastructure.

• Clause 15.09 Conservation of native flora and fauna: by adhering to the requirements of the relevant policies, the project is designed to minimise the removal of vegetation and ensure that lost native vegetation is replaced. The exemption from further permit requirements is appropriate on the basis that this matter was finally considered as part of the previous Planning Assessment process.

• Clause 17.05 Agriculture: by not permanently removing high quality productive agricultural land from the State’s agricultural base.

• Clause18.01 Declared highways, railways and tramways: by locating new transport routes to achieve the greatest overall benefit to the community, making the best use of existing infrastructure, minimising impacts on the environment and optimising accessibility, safety, emergency access, service and amenity. The new

highway route also attempts to minimise disruption of residential communities and their amenity.

The Goulburn Valley Highway has been identified in Linking Victoria as a major highway to support primary producers to transport goods and to link with major interstate routes.

Direction 8 of draft Clause 12 of the State Planning Policy Framework is headed “Better transport links”. This direction relates to the creation of a more sustainable transport system by integrated land-use and transport. Under Policy 8.5 it provides for infrastructure departments to “Manage the road system to achieve integration, choice and balance by developing an efficient and safe network and making the most of existing infrastructure”.

How does the amendment support or implement the Local Planning Policy Framework?

The amendment is consistent with the Local Planning Policy Framework and seeks to implement the following clauses: • Clause 21.02 (Municipal Overview) recognises that Strathbogie Shire is located in north east Victoria within the Goulburn Broken Catchment which is part of the Murray Darling Basin. Together with the Goulburn Valley Highway which links to the Newell Highway to Brisbane, the Hume Freeway and the Melbourne-Sydney rail line, traverse the Shire and provide opportunities for freight and passenger movements and increase the region’s tourist and recreational appeal. Management of land use and development in the vicinity of these corridors is an important planning consideration at the State, regional and local level. The Shire is part of a region where development opportunities continue to be created by ease of access to Melbourne, location on major transport routes, capacity to increase agricultural production and the development of further tourist-recreational facilities and attractions.

• Clause 21.04 (Vision and Strategic Framework): Council’s stated objective is to secure the future of the Shire by developing the Shire’s agricultural, commercial, tourist and land resources without compromising the natural features or village and rural lifestyle. The Strathbogie Council’s vision is to improve the range and value of economic development in the Shire while protecting and enhancing the Shire’s natural assets by:

o Fostering growth and ensuring prosperity within the main towns and townships in the Shire and planning strategically for rural living development in association with appropriate infrastructure and environmental considerations. o Increasing the diversity and productivity of agriculture on a sustainable basis. o Improving employment opportunities by encouraging industry and business development in towns and rural areas. o Assisting the tourism industry to obtain maximum advantage from the Shire’s locational, natural and cultural attributes.

• Clause 21.05 (Objectives and Strategies) recognises that the provision and maintenance of high standards of physical infrastructure to support the Shire’s population and further development is critical. Planning measures to manage land use and development can materially assist the efficient performance of freeways and highways and can protect the appearance of areas through which they pass. The first

stage of the Goulburn Highway duplication, from the Hume Freeway interchange to north of Hughes Creek, is included in the Strathbogie Planning Scheme.

• Clause 22.14 (Hume Freeway and Goulburn Valley Highway Environs Policy) provides the following objectives: To ensure that use and development of land does not prejudice the levels of service, safety and amenity of the Hume Freeway and Goulburn Valley Highway and its future alignments; and to minimise any adverse effects of noise from traffic using the Hume Freeway and Goulburn Valley Highway.

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

The amendment makes proper use of the Victoria Planning Provisions by seeking to implement a Public Acquisition Overlay over land to be acquired for the construction of the Nagambie Bypass.

This amendment also takes account of the Victoria Planning Provisions operation of zones and overlays as well as particular provisions and general provisions.

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

The amendment will implement the decision by the Minister for Planning to adopt the alignment for the Goulburn Valley Highway - Nagambie Bypass, based on the recommendation of the Nagambie Bypass Advisory Committee. What impact will the new planning provisions have on the resource and administrative costs of the responsible authority?

The new planning amendment will have minimal resource and administrative costs for Strathbogie Shire Council. VicRoads will bear the majority of the resource and administrative costs associated with the Public Acquisition Overlay

Where you may inspect this Amendment.

The amendment will be available for public inspection, free of charge, during office hours at the following places.

Department of Sustainability and Environment Department of Sustainability and Environment Planning Information Centre Regional Office Ground Floor 89 Sydney Road 8 Nicholson Street BENALLA 3672 EAST MELBOURNE 3002

Strathbogie Shire Council VicRoads Goulburn Valley Highway Civic Centre Project Office Corner of Binney and Bury Streets 166 Benalla Road EUROA SHEPPARTON