REASONS FOR DECISION TO EXERCISE POWER OF INTERVENTION UNDER SECTION 20(4) OF THE PLANNING AND ENVIRONMENT ACT 1987 MELTON PLANNING SCHEME AMENDMENT C118 WYNDHAM PLANNING SCHEME AMENDMENT C158 The Planning and Environment Act 1987, the Heritage Act 1995 and the Victorian Civil and Administrative Tribunal Act 1998 provide for the intervention of the Minister for Planning in planning and heritage processes. In exercising my powers of intervention, I have agreed to: Make publicly available written reasons for each decision; and Provide a report to Parliament at least every twelve months detailing the nature of each intervention. REQUEST FOR INTERVENTION 1. The Regional Rail Link Authority (RRLA) has requested that I utilise my power under section 20(4) of the Planning and Environment Act 1987 (the Act) to facilitate amendments to the Melton and Wyndham Planning Schemes. 2. The amendments will revise the incorporated document applying to Regional Rail Link Section 2 (RRL2) to be consistent with minor variations to the project corridor. WHAT POWER OF INTERVENTION IS BEING USED? 3. Section 20(4) of the Act enables the Minister for Planning to exempt an amendment which the Minister prepares from any of the requirements of sections 17, 18 and 19 of the Act or the regulations. 4. In deciding to exercise this power, section 20(4) of the Act requires that the Minister must consider that compliance with any of those requirements is not warranted or that the interests of Victoria or any part of Victoria make such an exemption appropriate. 5. Having prepared Amendment C118 to the Melton Planning Scheme and Amendment C158 to the Wyndham Planning Scheme, I have decided to exercise my power under section 20(4) of the Act to exempt myself from all the requirements of sections 17, 18 and 19 of the Act and the regulations in respect of the amendments. BACKGROUND 6. The request relates to delivery of RRL2. RRL2 involves the construction of two new railway tracks and associated infrastructure from west of Werribee to Deer Park the municipalities of Wyndham and Melton. It will connect into Regional Rail Link Section 1, which will extend from Deer Park to Southern Cross Station in central Melbourne. The Regional Rail Link will provide increased service capacity and reliability by separating regional trains from the metropolitan electrified rail network. 7. The ‘Regional Rail Link Project Section 2 Incorporated Document, June 2011’ is an incorporated document in the Wyndham and Melton Planning Schemes. The incorporated document provides for the land identified to be used and developed for the purposes of RRL2, without the need to obtain planning permits or to otherwise comply with the Melton and Wyndham Planning Schemes, subject to preparation of, and compliance with, certain project-specific plans. 8. Recent refinements to the RRL2 alignment design require some minor expansion of the designated RRL2 project area under the Major Transport Projects Facilitation Act 2009 (MTPF Act) to include: - The Christies Road reserve and adjacent private land for the construction of Christies Road as a two lane road between Middle Road and the existing roundabout at the future Caroline Springs station site, north of the Ballarat rail line. - A small portion of land on the north east corner of Christies Road and Middle Road (eastern side of the truncation, north of the existing Middle Road reserve) to provide a turning bowl for road traffic. - Additional land adjacent to Ballan Road, Wyndham Vale, to be acquired by the Secretary to the Department of Transport to facilitate the development of Wyndham Vale Station future contingency car parking. - Additional land to the east of Hobbs Road at the intersection of Ballan Road so that the constructed intersection at Hobbs and Ballan Roads meets the future requirements of both VicRoads and Wyndham City Council. - Additional land between Black Forest Road and Bulban Road as a result of further detailed drainage design. 9. Amendment C118 to the Melton Planning Scheme and Amendment C158 to the Wyndham Planning Scheme will replace the ‘Regional Rail Link Project Section 2 Incorporated Document, June 2011’ with the revised ‘Regional Rail Link Project Section 2 Incorporated Document, November 2011’, which will reference a plan signed by the Surveyor-General and lodged at the Central Plan Office that includes the above land in the project area. 10. RRL2 is a declared project under the MTPF Act. The additional land will be acquired, as necessary, under the provisions of the MTPF Act. 11. The amendments also replace the words ‘Roads Corporation’ with ‘relevant road authority’ in Clause 4 of the incorporated document to ensure that road authorities other than VicRoads (such as Council) are consulted if the RRLA is to create or alter access to a road in a Road Zone. 12. The revised incorporated document (November 2011) retains the structure of the original in all other respects. Works for RRL2 may still only be undertaken subject to preparation of, and compliance with, certain project-specific plans. BENEFITS OF EXEMPTION 13. The amendments are consistent with the objectives of planning in Victoria as they will facilitate the timely development of strategic rail infrastructure to meet growing demand for rail travel. RRL2 is a key public transport initiative of the Victorian Government that supports the key policy directions of the State Planning Policy Framework which set long term planning objectives for Victoria and seek to manage Melbourne’s growth in a sustainable way. 14. The Regional Rail Link project is jointly funded by the Commonwealth and State governments. 15. The benefits of the exemption are to enable prompt and coordinated approval of the amendments to help facilitate timely delivery of the significant public benefits from the project. EFFECTS OF EXEMPTION ON THIRD PARTIES 16. The effects of the exemption are that third parties do not have the opportunity to make formal submissions to the planning authority in relation to the amendments and for their submissions to be considered by an independent panel. 17. The revised ‘Regional Rail Link Project Section 2 Incorporated Document, November 2011’ retains the conditions imposed in the ‘Regional Rail Link Project Section 2 Incorporated Document, June 2011’ that are designed to provide measures to address impacts of RRL2 on affected persons, including the preparation of a Development Plan which incorporates an Environmental Management Plan and is consistent with noise and ecological impact management plans. 18. The RRLA has consulted with the affected landowners as well as relevant government stakeholders, including the Department of Planning and Community Development, Melton Shire Council, Wyndham City Council, VicRoads and the Department of Sustainability and Environment and has provided me with a consultation report. Consultation has included meetings and written correspondence with affected landowners and opportunities for feedback. ASSESSMENT AS TO WHETHER BENEFITS OF EXEMPTIONS OUTWEIGH EFFECTS ON THIRD PARTIES 19. The proposed changes to the alignment from that permitted under the existing ‘Regional Rail Link Project Section 2 Incorporated Document, June 2011’ are relatively minor. 20. While the amendments will have some effects on third parties, these have already been the subject of consultation, with opportunities for feedback. The views of all affected parties are known. No concerns have been raised about the proposed changes to the incorporated document or the proposed planning scheme amendments. 21. If the amendments were to comply with the notice requirements of the Act, this would necessarily impact on the timing for commencement of works associated with RRL2 delivery of the new rail services which will have significant public benefits. Without the exemption, RRL2 has the potential to be delayed. 22. Having regard to the above matters, I have concluded that the benefits of the exemption outweigh any effects on third parties. DECISION 23. I have decided to exercise the power under section 20(4) of the Act to exempt myself from all the requirements of sections 17, 18 and 19 of the Act and the regulations in respect of Amendment C118 to the Melton Planning Scheme and Amendment to the C158 Wyndham Planning Scheme. REASONS FOR INTERVENTION 24. I provide the following reasons for my decision to exercise the power under section 20(4) of the Act. 25. I am satisfied that Compliance with any of the requirements of sections 17, 18 and 19 of the Act and the regulations is not warranted because: The variations to the RRL2 project area from that identified in the existing incorporated document are relatively minor. The revised ‘Regional Rail Link Project Section 2 Incorporated Document, November 2011’ retains the retains the conditions imposed in the ‘Regional Rail Link Project Section 2 Incorporated Document, June 2011’ that are designed to provide measures to address impacts of RRL2 on affected persons. The views of affected parties are known. The RRLA has consulted with the affected landowners and relevant government authorities and local councils, with opportunities for feedback. No concerns have been raised with the proposed changes to the incorporated document on the proposed planning scheme amendments. The interests of Victoria or any part of Victoria make such an exemption appropriate because: The amendments will facilitate timely delivery of a project of economic, social and environmental significance to the State which will have significant public benefits. Signed by the Minister MATTHEW GUY MLC Minister for Planning Date: 6 March 2012