Planning and Environment Act 1987

CARDINIA PLANNING SCHEME

AMENDMENT C150

EXPLANATORY REPORT

Who is the planning authority? This amendment has been prepared by the Roads Corporation (Trading as VicRoads). The amendment has been made at the request of VicRoads.

Land affected by the amendment The amendment applies to various parcels of land generally abutting the existing Healesville- Road between the Pakenham Bypass and the (refer to Figure 1 overleaf).

Between the Pakenham Bypass and Manks Road, land directly adjacent to the existing Healesville-Koo Wee Rup Road will be affected due to an increased road reservation. Additional areas of land will be affected around the intersections with Hall Road, Ballarto Road and Manks Road.

The construction of the bypass of Koo Wee Rup will affect land parcels crossed by the new alignment between Manks Rd, Rossiter Road and South Gippsland Highway.

The longer-term freeway connection to and interchange with the Pakenham Bypass will affect various land parcels between the Pakenham Bypass and Deep Creek, both east and west of McGregor Road. Figure 1 Proposed alignment of the upgraded Healesville – Koo Wee Rup Rd and land to be acquired. What the amendment does The amendment:  Applies the Public Acquisition Overlay – Schedule 1 (PAO1) to the land required for the proposed road upgrade.

 Removes sections of the existing Public Acquisition Overlay – Schedule 1 (PAO1) that are not required for the proposed bypass of Koo Wee Rup.

 Revises the Schedule to Clause 52.03 to include reference to the project and the Incorporated Document titled ‘Healesville – Koo Wee Rup Road – Stage 1A (Koo Wee Rup Bypass) – Incorporated Document (September 2012)’.

 Revises the Schedule to Clause 81.01 to include an Incorporated Document titled ‘Healesville – Koo Wee Rup Road – Stage 1A (Koo Wee Rup Bypass) – Incorporated Document (September 2012)’.

The PAO relates to all the land required to upgrade Healesville-Koo Wee Rup Road over time. The timing of the staged upgrading of the route will depend on the rate of land development and traffic growth in the corridor. The following broad staging scenarios are proposed for the upgrading of the route:

 Initial Development: The proposed initial development of the route involves the construction of a single carriageway bypass of Koo Wee Rup (Stage 1A) and the progressive upgrading of the remainder of the road between the Pakenham Bypass and Koo Wee Rup to a divided road standard (Stage 1B). This is shown in Figure 2 overleaf.  Longer-term Development: The proposed longer-term development of the route involves the conversion of the route to freeway standard (Stage 2). This includes a new link to the Pakenham Bypass, the conversion of roundabouts to interchanges and construction of an interchange with the South Gippsland Highway. This is shown in Figure 3 overleaf.

The development of the land will be controlled by an Incorporated Document titled ‘Healesville – Koo Wee Rup Road – Stage 1A (Koo Wee Rup Bypass) – Incorporated Document (Setptember 2012)’. This document will provide planning approval to allow the construction of Stage 1A only of the upgrading of Healesville – Koo Wee Rup Road between the Pakenham Bypass and the South Gippsland Highway provided the conditions in the Incorporated Document are met. No further planning approval is required to use and develop land for Stage 1A if generally in accordance with the Incorporated Document.

The Incorporated Document applies to Stage 1A of the project only. This is consistent with the current project referral under the Environmental Protection and Biodiversity Act and the decision made under the Environmental Effects Act 1978.

Planning and environmental approvals for Stages 1B and 2 will be sought at the relevant time when their construction is anticipated. Construction timeframes will be set and the relevant planning and environmental approvals will be sought when the rate of land development and traffic growth in the corridor warrant the further upgrading of the route. B 1

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Figure 2 – Initial Development Figure 3 – Longer-term Stages 1A & 1B Development Stage 2 Strategic assessment of the amendment

 Why is the amendment required? Healesville-Koo Wee Rup Road provides a link between the and South Gippsland Highway corridors for inter-regional traffic. The opening of the Pakenham Bypass has increased the strategic importance of the route as evidenced by the increase in traffic that has occurred. Much of this increase in traffic consists of trucks which are choosing to use this route to reduce travel times and minimise freight transport costs. This shift in traffic has relieved parallel routes such as the South Gippsland Highway through Cranbourne and Berwick-Cranbourne Road/Clyde-Five Ways Road.

Healesville-Koo Wee Rup Road is currently a two-lane two-way road linking a four lane freeway with a four lane divided highway. For inter-regional traffic using this route, Healesville-Koo Wee Rup Road represents a lower level of service with few overtaking opportunities, delays through the township of Koo Wee Rup and direct access to adjacent properties.

As well as carrying through traffic, the road also caters for local traffic generated by the developing Pakenham South Employment Precinct and farming activities along the route. This traffic consists of cars, trucks and slow moving farm machinery. The recent increase in through traffic on Healesville-Koo Wee Rup Road has made it more difficult for this local traffic to access the road.

The route also passes through the commercial centre of the Koo Wee Rup township with parking on both sides of the street and a high level of pedestrian activity. The queuing of traffic at the T intersection in the town, limits the ability to access on-street parking and the high level of truck traffic results in noise and air quality impacts in the shopping area. Trucks passing through the town have to stop at T intersections to negotiate the turning movements. The local community has reported increased noise impacts in the residential areas of the town with the rise in truck traffic.

There is a need to upgrade the route over time to ensure that it functions as an effective inter-regional route and provides relief to other parallel routes in the region within the Casey urban growth area. The upgrading of the route is also needed to minimise the impacts of increasing through traffic on safety and amenity of the local community.

The first step in any such infrastructure project is the identification and reservation of the land required for its construction. VicRoads has undertaken a comprehensive analysis process to firstly, identify its preferred route alignment and secondly, identify the land required to upgrade the road. This land must be reserved in order for it to be protected from future land development and acquired prior to construction. The introduction of a PAO is the most appropriate tool to reserve the land required.

The PAOs will reserve all land required for the longer-term development of the road to freeway standard. Although some of this land will not be required in the initial stage of the upgrade, the reservation of all land required for the ultimate freeway standard will secure the land and facilitate the timely upgrading of the road in the longer-term. Additionally, it will provide land owners with a high level of certainty about the ultimate impact of the road upgrade on their properties. There is an existing PAO1 along Healesville-Koo Wee Rup Road between Ballarto Road and the Bunyip River drains, along a disused road reserve between the Bunyip River drains and Rossiter Road and along Rossiter Road to the South Gippsland Highway. The proposed upgrade of the road will affect land outside the existing PAO1 area and as such, some sections of the existing PAO1 need to be enlarged while other sections need to be removed.  How does the amendment implement the objectives of planning in ? The planning scheme amendment will be supportive of and assist in the implementation of the objectives of planning in Victoria as set out in Section 4 of the Planning and Environment Act 1987. In particular:

4(1) (a) to provide for the fair, orderly, economic and sustainable use, and development of land; through the commencement of a major road upgrade which has appropriately assessed the environmental and cultural impacts to arrive at the most economic and sustainable option.

4(1) (b) to provide for the protection of natural and man-made resources and the maintenance of ecological processes and generic diversity; through the completion of a thorough, careful environmental investigation, design and assessment process; through the completion of a thorough, careful environmental investigation, design and assessment process.

4(1) (c) to secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria; through its achievement of a safe, pleasant and efficient road system for local road users and the wider travelling public.

4 (1)(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; by consideration and mitigation of any potential effects on the heritage and cultural values and features of the area.

4(1) (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; by facilitating the provision, protection and coordination of a major public infrastructure asset of benefit to the community.

4 (1) (f)to facilitate development in accordance with the objectives set out in paragraphs (a), (b), (c), (d) and (e); through facilitating the development of an important component of the State and regional road system that best meets the Minister’s environmental assessment and objectives for planning Victoria.

4 (1) (g)to balance the present and future interests of all Victorians; by consideration of the short and long term environmental, social and economic benefits to the community of a major infrastructure asset and facility.

 How does the amendment address the environmental effects and any relevant social and economic effects? The proposed road upgrade minimises impacts by generally following the existing alignment over much of the length of the route.

Native Vegetation

The proposed road upgrade will require the removal of some native vegetation within the project area. These impacts will mainly occur within the existing road reservation for Healesville-Koo Wee Rup Road and the drainage lines along the route. The alignment option chosen for a bypass of Koo Wee Rup avoids any direct impact on the Bay Ramsar Site and results in the least impact on native vegetation. The adopted option for the realignment of a curved section of the existing road between Deep Creek and Ellett Road minimises the impacts on native vegetation within the existing road reserve.

A native vegetation offset strategy has been prepared for the project, outlining how the three step approach to avoid, minimise and offset any native vegetation losses incurred through its construction. During the more detailed planning and design phase for each stage of the project, options to further minimise loss of vegetation will be further investigated. This will include the refinement of the design and the preparation of specific environmental management plans and contract specifications.

As a condition of the Incorporated Document for Stage 1 A, VicRoads will prepare an offset plan in consultation with the Department of Sustainability and Environment (DSE). Offsets are to be sourced and secured in accordance with the DSE – DOT Memorandum of Understanding for Native Vegetation Offsets (June 2010).

Fauna

Four threatened fauna species are known to occur within the project area and surrounding landscape including three species listed under both the Commonwealth Environment Protection and Biodiversity Conservation Act (EPBC Act) 1999 and the Victoria Flora and Fauna Guarantee Act (FFG Act) 1988 and one species listed only under the FFG Act. The species listed under both the EPBC Act and FFG Act are the Growling Grass Frog, Southern Brown Bandicoot and the Australian Grayling. The species listed only under the FFG Act is the Swamp Skink.

VicRoads has prepared a Threatened Fauna Strategic Management Plan which outlines mitigation and offset measures to minimise the impacts of the proposal. During the detailed planning and design phase for each stage of the project, options to further minimise loss of and impact on habitat will be further investigated.

As a condition of the Incorporated Document for Stage 1A, a fauna management plan will be prepared. The plan will identify the impacts of the particular stage of works on the Growling Grass Frog, Southern Brown Bandicoot, Australian Grayling and Swamp Skink, and detail specific mitigation measures to be implemented during design and construction.

VicRoads will submit the fauna management plan for Stage 1A of the project to DSE and the Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) for approval prior to the commencement of construction.

Cultural Heritage

A cultural heritage management plan (CHMP) will be prepared prior to the construction of road upgrade works. The CHMP will provide for the management of known cultural heritage sites and specify mitigation measures should any previously unrecorded sites be uncovered during works.

The Cultural Heritage Management Plan will be submitted for approval to the relevant Registered Aboriginal Party, where one exists. Otherwise, approval will be sought from the Secretary of the Department of Planning and Community Development.

Social Impact

The proposed road upgrade will require the acquisition of land and directly affect some residences along the route. The number of houses directly affected may be in the order of 5 for the initial development of the route and a further 10 may be affected by the longer-term development. The proposed road upgrade will also indirectly affect properties with changes to their existing access to and from Healesville-Koo Wee Rup Road. The initial development of the route to a duplicated road with a central median will allow left-in left-out access only for properties along the road. Some movements will require U turns at median breaks or the nearest roundabout. The longer-term development to freeway standard will no longer allow direct access to the road. New access roads will be constructed to provide alternative access to properties.

VicRoads has undertaken community consultation during the development and assessment of options over the past few years. Modifications have been made to the design where possible in response to feedback received from the community in order to minimise the social impact of the project.

Flooding

Much of the route passes through low lying land that can be subject to flooding during severe storm events. Much of the upgrading of the route will involve the duplication of the existing road, and these works will be constructed to the same height as the existing road with similar cross drainage. Hence these works will not present any additional barrier to flood flows in this area.

The bypass of Koo Wee Rup will create a new crossing of the Bunyip River drains and floodplain. Hydraulic modelling has been undertaken to investigate the effects of the proposed bypass on flood flows. Further hydraulic modelling will be undertaken during the more detailed design of the bypass. The design of drainage structures will need to be endorsed by Water as a condition of the Incorporated Document for Stage 1A.

Landscape

The existing route passes through both urban and rural landscapes. Proposed bridge structures are likely to reveal new local and regional views, though will also have a visual impact on the landscape, particularly those at the southern end of the project located within a flat coastal environment.

To mitigate their visual impact, these bridges will be designed with close regard to their structural form to minimise their visual bulk and maximise their visual openness. Planting treatments will also be used as mitigation measures.

A landscape plan will be prepared by VicRoads during the detailed planning and design phase for each stage of the project.

Air Quality

The results of investigations undertaken indicate that air pollutant levels at residences close to the project would not exceed the intervention levels specified by the State Environment Protection Policy – Air Quality Management.

Traffic Noise

The VicRoads Traffic Noise Reduction Policy sets out objectives for limiting traffic noise on arterial roads and freeways that are constructed on a new alignment.

A traffic noise assessment will be undertaken by VicRoads during the detailed planning and design phase for Stage 1A and noise attenuation measures will be implemented in accordance with the VicRoads policy.  Does the amendment address relevant bushfire risk?

The proposed road realignment will not increase the bushfire risk of the surrounding area. Vegetation is required to be removed as a part of the proposed future realignment and upgrade project.

 Does the amendment comply with the requirements of any Minister’s Direction applicable to the amendment? The amendment is not affected by any of the Minister’s Directions under Clause 12 of the Act. 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 State Planning Policy Framework (SPPF) seeks to ensure that the objectives of planning of Victoria are fostered through appropriate land use and development planning policies and practices. Relevant policies include:

Clause 11.02-2 Planning for Growth Areas has the following objective:

To locate urban growth close to transport corridors and services and provide efficient and effective infrastructure to create benefits for sustainability while protecting primary production, major sources of raw materials and valued environmental areas.

Clause 12.01-1 Protection of Habitat has the following objective:

To assist the protection and conservation of biodiversity, including native vegetation retention and provision of habitats for native plants and animals and control of pest plants and animals.

Clause 12.01-2 Native Vegetation Management has the following objective:

To achieve a net gain in the extent and quality of native vegetation.

It requires the application of the “three step process” as set out by Victoria’s Native Vegetation Management – a Framework for Action.

Clause 13.04-1 Noise Abatement has the following objective:

To assist the control of noise effects on sensitive land uses.

Clause 14.01-1 Protection of Agricultural Land has the following objective:

To protect productive farm land which is of strategic significance in the local or regional context.

Clause 15.03-2 Aboriginal Cultural Heritage has the following objective:

To protect places of Aboriginal cultural heritage significance.

Clause 18 Transport has the following general objective:

Planning should ensure an integrated and sustainable transport system that provides access to social and economic opportunities, facilitates economic prosperity, contributes to environmental sustainability, coordinates reliable movements of people and goods, and is safe. More specific objectives include:

Clause 18.01-1 Land Use and Transport Planning

To create a safe and sustainable transport system by integrating land-use and transport.

Clause 18.01-2 Transport System

To coordinate development of all transport modes to provide a comprehensive transport system.

Clause 18.02-4 Management of the Road System

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.

Clause 18.03-1 Planning for Ports

To recognise the importance to Victoria of economically sustainable major ports (Melbourne, Geelong, Portland, Hastings) by planning for appropriate access, terminal areas and depot areas.

Clause 18.05-1 Develop Freight Links

To further develop the key transport gateways and freight links and maintain Victoria’s position as the nation’s premier logistics centre.

The proposed amendment supports these policies. In particular:

 The proposed road upgrade will contribute to the creation of an attractive business and employment precinct within the growth area in Pakenham South.

 The proposed road upgrade minimises the disturbance of native vegetation. Where vegetation removal cannot be avoided, it will be appropriately offset to achieve a net gain in accordance with the provisions set out in Clause 12.01-2.

 Care has been taken in the design of the road alignment to minimise any potential impacts on the community, including traffic noise impacts.

 Where the proposed road upgrade passes through high quality agricultural land, the design utilises the existing road reservation and so minimises any impact on this land;

 A cultural heritage management plan will be prepared prior to the construction of road upgrade works;

 For the majority of its length, the proposed road upgrade follows the existing road alignment to make use of the existing road infrastructure where possible;

 Impacts on significant species will be minimised through mitigation measures specified in a fauna management plan.

 The proposed road upgrade will provide an efficient and safe road for local and inter-regional traffic; and

 The proposed road upgrade will improve the amenity of the township of Koo Wee Rup.  How does the amendment support or implement the Local Planning Policy Framework? The MSS identifies long term directions about land use and development in the .

Clause 21.01-1 provides a snapshot of Cardinia Shire, and identifies that:

 The Koo Wee Rup Swamp and Western Port form the significant features of the southern part of the Shite, and includes high quality agricultural land of state significance.

 The Princes Freeway corridor is a key road and rail link between Melbourne, the Latrobe Valley and Gippsland.

 The South Gippsland Highway is a key link to South Gippsland and a tourist route to .

 The key issues facing Cardinia relate to Environment, settlement and housing, economic development, infrastructure and particular use and development.

Clause 21.02 Environment provides local content to support the relevant clauses of the State Planning Policy Framework.

Clause 21.02-1 Catchment and coastal management identifies the following key issues:

 In summary, recognising that areas within the municipality are liable to flooding and inundation.

Clause 21.02-2 Landscape identifies that:

 The diverse landscapes within the Cardinia Shire are one of the municipality’s strongest attributes. The diversity of landscapes includes the Western Port coast and rural land south of the .

Clause 21.02-3 Biodiversity, identifies the following key issue:

 Recognises that native vegetation provides habitat for key fauna species.

 Maintaining biodiversity.

 Maintaining and re-establishing wildlife corridors.

Clause 21.02-6 Post-contact heritage seeks to protect sites of State, regional and local heritage significance.

Clause 21.02-7 Aboriginal Cultural Heritage, seeks to identify and protect sites of significant Aboriginal heritage.

Clause 21.04-1 Employment, identifies that:

 A key issue for the municipality is improving access to employment areas by residents; and

 Acknowledging the high level of commuting by residents for employment to areas outside the municipality.

Clause 21.04-2 Agriculture identifies that:

 The Koo Wee Rup Swamp area contains a peaty clay soil which is recognised as being of high quality agricultural land of State significance.  Land between Pakenham and Koo Wee Rup is identified as good and high quality agricultural land.

 The need to ensure efficient transport access to agricultural areas by heavy vehicles with particular attention to road system improvements.

Clause 21.04-4 Industry identifies the following key issue:

 Facilitating linkages between industry and agricultural uses particularly in terms of transport networks.

Clause 21.04-5 Tourism identifies the following key issue:

 Linking with neighbouring tourism regions including South Gippsland.

Clause 21.05-1 Infrastructure Provision identifies that:

 The provision of an adequate level of physical and social infrastructure is one of the major issues facing the Cardinia Shire over the coming decades.

 The timely provision of infrastructure is necessary to foster economic development, ensure the wellbeing of the community and protect the environment.

Clause 21.05-2 Freeways, declared arterial roads, identifies key issues including:

 Providing for the upgrade and construction of future declared arterial roads, including Koo Wee Rup Road, and the Koo Wee Rup and Lang Lang bypasses.

 Widening, upgrading and realigning existing roads.

An objective of this clause is to provide for an efficient, safe and attractive arterial road network and to ensure effective integration of land use, transport and environmental outcomes. Strategies for achieving this objective include:

 Provide for the future upgrading of the Koo Wee Rup Road to provide a high standard arterial road connection between Pakenham and South Gippsland Highway.

 Seek the construction of the Koo Wee Rup bypass as a priority.

The proposed road upgrade is consistent with the requirements of and implements these policies. In particular:

 This planning scheme amendment ensures that the proper planning controls are in place to implement the key strategies of the Local Planning Policy Framework;

 The design of the proposed road upgrade minimises the potential impacts on agricultural land and environmental landscape values;

 The proposed road upgrade supports economic development by improving the standard of the arterial road network; and

 The proposed road upgrade makes provision for the passage of flood flows.

 Does the amendment make proper use of the Victoria Planning Provisions? The amendment makes proper use of the Victorian Planning Provisions (VPP’s) by applying the PAO to reserve land for a public purpose and to ensure that changes to the use and development of land do not prejudice the purpose for which the land is to be acquired.  How does the amendment address the views of any relevant agency? Extensive public consultation has been undertaken for the project. This has included the distribution of several information bulletins to advise the local community of the progress of the planning study. Concept options were put on public display in September 2007 to seek feedback from the community and included information sessions and landowner interviews. A preferred option was announced in November 2009 through letters to landowners and the distribution of an information bulletin to all properties in the corridor.

VicRoads has consulted with the Cardinia Shire Council, Melbourne Water, Growth Areas Authority, Department of Sustainability and Environment, Department of Transport and a number of services authorities during the planning study.

Views of relevant agencies were considered through the Advisory Committee process during September 2012.

 Does the amendment address relevant requirements of the Transport Integration Act 2010?

Division 2 – Transport System Objectives of the Transport Integration Act 2010 outlines objectives which must be considered when planning for transport systems. The proposed road upgrade is consistent with these objects by allocating land to facilitate the Koo Wee Rup Bypass. A response to each of the transport system objectives and decision making principles is provided below.

S.8 Social and economic inclusion; The project will enhance access for visitors, primary producers and freight operators and have a net public benefit. It will also improve travel times and facilitates better traffic movements through the region.

S.9 Economic prosperity; Upon completion of the road upgrade, the development will provide efficient access and connection to employment, markets and services in the wider area. The upgrade is necessary to deliver this objective and assist in fostering competition and investment in the region.

S.10 Environmental sustainability: As part of the background investigation for the proposed road upgrade, comprehensive environmental investigations and assessments for the project have been undertaken. Based on the reports undertaken VicRoads chose the preferred alignment which minimises impacts on the natural environment and will promote efficiency in the overall transport task of the region. Where vegetation removal could not be avoided, offsets are to be provided to ensure that their loss is replaced by a net gain in biodiversity in the region.

S.11 Integration of transport and land use; Transport and land use integration will be facilitated through the provision of greater access and mobility within the local community.

S.12 Efficiency, coordination and reliability; The completed road upgrade will create a network that has improved efficiency and reliability for private and commercial traffic movements. It will provide more predictable and reliable services and journey times.

S.13 Safety and health and wellbeing; The proposed road upgrade promotes safety, supports safe driver behaviour and reduces risk to road users by reducing the unease and frustration that many experience on the existing road.

Division 3 - Decision making principles sets out decision making principles to be considered. The proposed road upgrade and planning scheme amendment address these principles by:

 Ensuring coordination between VicRoads, Cardinia Shire and other agencies (S.15)  Considering the economic, environmental and social factors that affect the project. The investigations and assessments done for this project satisfies the principles of triple bottom-line assessment which takes account of economic, social and environmental costs and benefits, including externalities and value for money (S.16)

 Ensuring equity for the existing and future community through the resolution of any access and amenity issues prior to construction (S.17).

 The upgraded road will provide for a range of transport options in an appropriate environment (S.18).

 The precautionary principle has been followed in the development of the project design through careful evaluation to avoid serious or irreversible damage to the environment wherever practicable (S.19).

 Community and stakeholder consultation has been undertaken at various stages of the project. This will continue as part of the planning scheme amendment process and project assessment process (S.20).

 This planning process is transparent as all directly affected landowners and others affected will be advised of the amendment and are able to make a submission and be heard (if they wish) (S.21).

Resource and administrative costs

 What impact will the new planning provisions have on the resource and administrative costs of the responsible authority?

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

Ministerial Direction 11: The purpose of this Direction is to ensure a comprehensive strategic evaluation of a planning scheme amendment and the outcomes it produces. This planning scheme amendment addresses this Direction.

Where you may inspect this Amendment The amendment is available for public inspection, free of charge, during office hours at the following places:

Pakenham Library Cnr John Street and Henry Street Pakenham, VIC 3810

VicRoads Burwood East Office 12 Lakeside Drive Burwood East, VIC 3151

Department of Transport Library Level 5, 121 Exhibition Street Melbourne, VIC 3000 (please call 9655 8600 before visiting)

The amendment can also be inspected free of charge at the VicRoads website at www.vicroads.vic.gov.au/kooweerup