Yan Yean Road Duplication
(Diamond Creek Road to north of Kurrak Road, Plenty)
Incorporated Document
VicRoads
August 2011
Incorporated document pursuant to section 6(2)(j) of the Planning and Environment Act 1987
1. INTRODUCTION
This document is an incorporated document in the Nillumbik Planning Scheme pursuant to section 6(2)(j)
of the Planning and Environment Act 1987.
The land identified in this document may be developed in accordance with the controls and conditions set
out in this document.
The controls of this document prevail over any contrary or inconsistent provision in the Nillumbik Planning
Scheme.
2.
PROJECT
This incorporated document relates to the duplication of Yan Yean Road Project between Diamond Creek
road and north of Kurrak Road, Plenty (the project). The project includes, but is not limited to the following
works:

Duplication of Yan Yean Road to an ultimate four-lane, two-way roadway and associated works

Upgrade of the Kurrak Road intersection to include traffic signals

Provision of on-road bicycle path

Provision of pedestrian paths on both sides of the road

Provision for indented bus bays and an exclusive bus lane on the approach to Diamond Creek
Road

Construction of access restoration roads

Removal of vegetation within the road corridor

Landscaping

Drainage infrastructure
3. LAND
This incorporated document applies to the land required for the duplication of the Yan Yean Road,
between Diamond Creek Road and north of Kurrak Road, Plenty. The land is shown as “Project Area” in
Figure 1 of this document.
4. CONTROL
Despite any provision to the contrary or any inconsistent provision in the Nillumbik Planning Schemes, no
planning permit is required for, and nothing in those Planning Scheme operates to prohibit or restrict, the
development or use of land in the Project area for:

The construction of a road, including earthworks, associated structures, kerbs, channels, cuttings,
batters and fill etc

Roadworks

The construction of bicycle and pedestrian paths

Landscaping

Drainage works

Removal of native vegetation
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
Impacts on removal of heritage sites
Activities ancillary to above-mentioned matters include but are not limited to:

Establishment and using lay down areas for construction purposes

Construction and use of temporary site workshops, storage, administration and amenities
buildings and associated vehicle parking

Displaying direction, tourist, construction and business signs

Removing, destroying, pruning and lopping trees and removing vegetation

Demolishing buildings, structures and works

Fences required for construction purposes

Constructing or carrying out works to create bunds, mounds and landscaping, excavate land and
salvage artefacts

Constructing temporary access roads, diversion roads and vehicle parking areas

Creating or altering access to a road

Constructing or carrying out works to alter or relocate drainage, utilities and services

Subdividing and consolidating land.
This control is subject to the conditions in Clause 5 of this document.
5. CONDITIONS
5.1 The development and use of the land and the ancillary activities specified in Clause 4 of this
document must be for or associated with the construction of the duplication of Yan Yean Road and
associated road works.
5.2 The removal, destruction, pruning or lopping of native vegetation is permitted to the extent necessary
for the construction of the duplication of Yan Yean Road and associated roadworks.
5.3 The following site establishment works are exempt from the requirements of Clause 5.2:
 Establishment of temporary site offices and compounds, including communications
equipment, water storage and vehicle parking areas
 Constructing temporary access roads, diversion roads and vehicle parking areas
 Fences required for construction purposes
 Constructing or carrying out works to alter or relocate drainage, utilities and services
5.4 An Environmental Management Plan (EMP) is to be prepared prior to works commencing. The EMP is
to address:
a) How impacts on remnant vegetation, fauna habitats and adjacent areas of ecological and
environmental significance are to be reduce;
b) The treatment and control of environmental weeds;
c) The control of sedimentation and pollution within the project area and in the adjacent areas during
development; and
d) The ongoing environmental management for the area.
5.5 Any native vegetation loss must be offset in accordance with Victoria’s Native Vegetation
Management – A Framework for Action (Department of Natural Resources and Environment 2002).
An Offset Management Plan (OMP) is to be prepared to the satisfaction of the Department of
Sustainability and Environment (DSE) prior to the removal of any native vegetation. Reference is
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made to the DSE-DoT Memorandum of Understanding (March 2010) which provides the Principles,
Context and Operational Elements to enable the efficient delivery of native vegetation offsets
associated with the development of transportation infrastructure undertaken by DoT and its agencies.
5.6 Offsets must be secured in perpetuity and must be secured under S173 of the Planning and
Environment Act 1987; s69 of the Conservation Forest and Land Act 1987; or Covenant (TFN)
through Victorian Conservation Trust Act 1972 to the satisfaction of DSE.
5.7 All works carried out must have regard to the approved Cultural Heritage Management Plan number
11111.
5.8 VicRoads will aim to avoid impacts on any heritage sites listed in the Nillumbik Planning Scheme.
Should it become apparent during the design development phase of the project that all impacts cannot
be avoided, VicRoads will consult with Nillumbik Shire Council to discuss appropriate management
strategies for any places of historical significance that maybe impacted by duplication of Yan Yean
Road.
5.9 Prior to the removal of H7922-0215 VicRoads will consult with Heritage Victoria.
5.10
Noise attenuation will be provided in accordance with the relevant VicRoads Policies.
6. EXPIRY
This document expires if any of the following circumstances applies:

The development is not started by 31 December 2025.

The development allowed by the control is not completed by 31 December 2030.

The use allowed by this control is not started by 31 December 2030.
The responsible authority may extend these periods if a request is made in writing before the expiry date
or within three months afterwards.
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Figure 1 – Project Area
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