victorian / planningrevue / environmental / law / association / volume 106 March 2019 Contents President 3 The Business Editorial Licence 4 Legal World 14 The Minister for Planning 6 VicRoads: the opportunity, desire and support for change 18 People Christine Wyatt: Reflections – My recent planning journey 7 Planning in VicTrack, a new year and a new approach 16 Vale Ian Marsden 32 Peter Seamer book launch 11 Rory’s Ramble: Vale Phil Hanna 9 The Fast Lane 36 Tribunal Talk 12 Heritage Fabricated 28 Sound Bites 34 Environmental News and Views 30 Places YPG Round up 37 YPG Committee 2019 38 Infrastructure Australia; the Melbourne picture 23 Moot Court Reflections 33 Seminars Conversation with the Minister 25 Suburban Rail Loop or Loopy? 26 Cover: “VPELA has a responsibility to highlight broader issues of wellbeing within our community” Tamara Brezzi, President. Newsletter editor: VPELA Bernard McNamara PO Box 1291 Camberwell 3124 M: 0418 326 447 www.vpela.org.au E: [email protected] E: [email protected] T: 9699 7025 T: 9813 2801 2 / VPELA Revue March 2019 The President Never no-one Tamara Brezzi President, VPELA I have to admit that this edition of the President’s column has to clients who might face ruin if we don’t win for them and the been unusually difficult to write. The follow up emails of my process of dissecting legal and political decisions which have persistent and patient editor, Bernard McNamara, have taken significant consequences for many. These responsibilities can on an urgency marked with a never seen before number of be hugely stressful and overwhelming and when combined with exclamation marks when enquiring about the ETA of my copy. our personal lives, the pressure to know which way to turn can I have written and deleted much text about seemingly engaging become all too great. topics in an effort to bring a fresh view to the year ahead. But ever present has been the shock of the news over the summer of the For the Type A personalities amongst us, our natural inclination passing of my friend and our industry colleague, Phil Hanna. And is to search for solutions to problems and to fix stuff. Imagine so on this occasion, I won’t be writing about planning, or the law, the vacuum left when we don’t even know there’s a problem or the year ahead; I’m writing about mental health. for those with whom we are close. We need to talk. We need to advocate to those closest to us that it’s not just ok to seek help Like all workplaces, over the years mine has faced occasional – it’s mandatory. Few of us would not hesitate to book in to see tragedy – death of colleagues following long illness, sudden a specialist upon noticing a skin change, or an unusual lump, or passing of the family of colleagues, clients who’ve taken their an irritating shortness of breath. These symptoms are no more own lives and, more recently, the two Bourke Street disasters. potentially an illness than persistent thoughts of hopelessness The occurrence of a tragedy can be the source of some time for or feeling overwhelmed, unduly stressed or misery over personal soul searching about what we do for a living and the relentless circumstances. These are the mental health equivalent of lumps stress that many in our industry face. And therefore as the and shortness of breath. And it’s a problem that we have far president of this organisation I feel a sense of responsibility to less hesitation talking about compared with the fact that we’ve not just address the professional growth and development of our been suffering from cancer or heart disease or diagnosed with members but to highlight broader issues of wellbeing within our diabetes. community, and in particular, within our VPELA family. While I’m acutely aware of my lack of skills and experience to I have no qualifications whatsoever to bring to this task other “fix” this, I do propose to keep talking and learning about it. than the sense that this tragedy that has besieged the summer As a professional industry association whose members are, in for those who knew Phil has left behind the devastating burden the main, involved in stressful jobs making decisions each day of so many questions that will never be answered. Many of with very significant consequences, there’s an important role you will have heard the stats – around 45% of the Australian for VPELA to play in sharing knowledge, reaching out, offering population will suffer from a mental illness in their lives; 1 in support, listening and talking. 4 will suffer from anxiety and 1 in 6 from depression at some point in their lives. For Australian lawyers, it’s estimated that The day before Phil’s funeral in Bendigo, Matt Sweeney, CFO of that figure is as high as 1 in 3. There are 1300 VPELA members; Villawood Properties, wrote a beautiful piece about Phil, about countless more in the broader planning, legal, environment and looking out for each other and, in particular, about looking property development sector. 1 in 6 is 217 VPELA members; 1 after the men in our lives. He concluded “there aren’t enough in 4 is 325 and 45% is 585. Fewer will experience heart disease Phil Hanna’s in the world, and we could do without losing more. (5%) or diabetes (4.4%). Only 35% of Australians with anxiety or When someone approaches you and asks if you’re Ok, that’s a door depression will seek treatment for their illness. opening for you, there’s no harm in exploring where it might lead, and if you’re concerned about someone else, be a compassionate Although I have always felt that it’s an absolute privilege to work human being and talk to them.” I couldn’t agree more. in this city shaping industry, it does carry with it an enormous So, please, VPELA family: talk, explore, listen, be self-aware, responsibility and a constant pressure to get it right, to balance reach out, be honest, seek help, be kind; and take energy, hope interests and to know that some people will truly despise the and a way forward in the knowledge that our lives are full of decisions that we make and the opinions that we form. I am connected networks, VPELA included, and that there’s never, sure we have all spent time wondering if the lasting impact of a ever, no-one to turn to. new development, a strategic project or a new direction in urban development will have unintended consequences and whether https://www.ruok.org.au/how-to-ask we gave the right advice, formed a sound opinion and came to https://www.beyondblue.org.au/who-does-it-affect a balanced view that fairly took into account those who will live https://oneinfive.com.au/our-story/how-we-began/ with the legacy of the planning decision making process. https://www.linkedin.com/pulse/memory-phil-hanna-matthew- I have also reflected on the many roles we play in this process of sweeney/ shaping and building cities, including counselling citizens to help Tamara Brezzi is President of VPELA them overcome their fear of change, making recommendations and a Partner at Norton Rose Fulbright VPELA Revue March 2019 / 3 Editorial licence Bernard McNamara, Editor VPELA Revue Director BMDA Advisory Welcome to 2019. As a baby boomer, that numbered year Plan Melbourne and carry with them transformational land use seemed a long way into the future… futuristic possibly. But in the and development intensity changes that need to be understood blink of a Prime Minister, here it is! and planned for. My limited knowledge of metropolises which operate successful orbital rail networks indicates that their Into 2019, our state has experienced a State Government election urban forms differ substantially from car-based Melbourne. (The which saw the Government returned. From a purely ‘city- Suburban Rail Loop Strategic Assessment cites London, New York building’ perspective, this is the preferred result. As reported in and Singapore as references.) the October issue, the alternative planning policy platform was thin. There was a proposal by the Coalition to extend rail services If the suburban rail loop is to be successful, what does it mean to Baxter, a capital injection into V-Line services, a bizarre for the station environs around Cheltenham, or Fawkner for proposal to grade-separate many suburban example? Hopefully the feasibility will arterial road intersections plus a roll-back of point to what will be necessary outside changes to the residential zones. The industry is one that of the engineering challenges; to make this a success. There remains a risk that So even with sins in some quarters, the celebrates its people, the project could carry few passengers; infrastructure approach of the incumbent regardless of gender. VPELA caused by a mismatch in density and travel government was heavily supported. There for one, would be a much demand. If I sound a bit cool on the proposal, is a positive in the situation where the State, lesser organisation without I can recall seeing (years ago) slick-looking as an entity will not lose a year (as has its broad professional and diagrams showing a freeway network that occurred) after a change of government. gender base. was going to transform Melbourne into And, we even have the same Minister for a high-speed city. Well, only parts of that Planning (but with added portfolios). network were built. Could we see a repeat? But with the infrastructure overload, caused by years of under- Canberra v VPELA and others investment, we now have projects on every street corner.