Save Dimmeys. Director of Public Transport

8/6/2019 Save Dimmeys. Director of Public Transport

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ue7,st/s/zntt.D?rX-,. /)IN TIIE VICTORIAI\ CIVI AND ADMINISTRATIVE TRIBUNAL P*'A/4)'(,-{"*f/BETWEEN:RICHMOND ICON PTY LTDand

YARRA CITY COUNCIL & OTHERS

VCAT Proceeding No P623l2011

Applicant

Respondent

PROPERTY: 140-160 SWAN STREET, RICHMOND VIC 3121

SUBMISSIONS FOR THE DIRECTOR OF PUBLIC TRANSPORTDate of Document:Filed on behalf of:Prepared by:Victorian Government Solicitor's OfficeLevel25121 Exhibition StreetMelbourne VIC 3000

31 May 2011Solicitor's Code:7977Telephone: +6T 3 9032 3012Facsimile: +61 3 8684 0449DX 300077 MelbourneRef:1111442Attention: Eliza Bergin

Introduction1. The Director of Public Transport submits that the proposed development at 140-

160 Swan Street Richmond (Prooerty) before the Tribunal in this Proceeding musttake into account the requirements of the Director of Public Transport in relation toprotecting future options for development of the rail corridor located to the south ofthe Property.

Under the Yarra Planning Scheme (Scheme), new developments are required to beplanned in such a way that protects options for future enhancements to the transportsystem in the short and long term.The Director of Public Transport does not object to the re-development of theProperty subject to inclusion of conditions of approval that protect options for thepotential future development of the rail corridor.This Submission is broken into four parts:

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4.1 Part One: Summary of the object and functions of the Director of PublicTransport which provide the statutory basis for the Director's proposedconditions;

4.2 Part Two: Outline of relevant provisions of the Scheme in respect of publictransport;

4.3 Part Three: Overview of the position of the Director of Public Transport inrelation to the Application for Permit;

4.4 Part Four: Issues raised by the Tribunal.Part One: Object and functions of the Director of Public Transport5. First, I will provide an overview of my client's statutory objects and functions for the

assistance of the Tribunal.The public transport system6. The primary object of the Director of Public Transport is to provide, operate and

maintain the public transport system consistent with the vision statement and thetransport system objectives under s 66(1) of the Transport Integration Act 2010 (Yic)(the Act).

7 . The vision statement, set out in s 6 of the Act, recognises the aspirations ofVictorians for an integrated and sustainable transport system that contributes to aninclusive prosperous and environmentally responsible State. The transport systemobjectives, set out in Division 2 of Part2 of theAct, include:7.1 Provide for the effective integration of transport and land use and facilitate

access to social and economic opportunities (s 11(1)):(a) Transport and land use should be effectively integrated so as toimprove accessibility and transport efficiency with a focus onplanning and developing the transport system more effectively(s 11(2)(b)); and(b) Transport system and land use should be aligned, complementary

and supportive and ensure that land use decisions are made havingregard for the current and future development and operation of thetransport system (s 11(3)(b)).7.2 Facilitate network-wide efTicient, coordinated and reliable movements of

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(a) Balance efficiency across the network so as to optimise the networkcapacity of all modes of transport and reduce journey times(s 12(2)(a)); and

O) Maximise the efficient use of resources including infrastructure,land, services and energy.8. The Department is charged with the responsibiliiy of assisting the Minister in the

administration of the Act under s 33. The functions of the Department include to:8.1 Lead in the improvement of the transport systern, including the development

and construction of new transport infrastructure and the provision of newtransport services (s 33(2Xc));

8.2 Develop strategies, plans, standards, performance indicators, programs andprojects relating to the transport system and related matters (s 33(2Xd)); ana8.3 Provide assistance to public entities and private bodies to construct orimprove transport facilities and to provide services ancillary to thosefacilities (s 33(2)(j).

The Director of Public Transport9. The objects and functions of the Director of Public Transport under the Act

relevantly include the following:to ensure, in collaboration with other transport bodies and public entities,that the public transport system operates as part ofan integrated transportsystem which seeks to meet the needs of all transport system users(s 66(2)(a));to construct, maintain or vary, or assist other transport bodies to construct,maintain or vary, public transport infrastructure, including railinfrastructure, roads, road-related infrastructure, road sides and othertransport assets (s 67(1Xa));to plan for the public transport system as part of an integrated transportsystem (s 67(1)(b));to develop and implement operational policies, plans, guidelines, standards,limits and practices for the public transport system and related mattersconsistent with strategic policies and plans of the Department (s 67(l)(d));and

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9.5 to protect future options for the improvement of the transport systemincluding holding, retaining and reserving land for future rail corridors forpassenger and rail freight services (s 67(1)(i)).

10. In performing his functions, the Director of Public Transport must engage withstakeholders so as to ensure better outcomes for all Victorians (s 67(2)(a)).

11. The powers of the Director of Public Transport include the power to do all thingsnecessary or convenient to be done for or in connection with, or as incidental to, theachievement of the object of the Director of Public Transport and the performance ofhis or her functions. This includes acquiring, owning, building, maintaining andoperating public transport infrastructure and related infrastructure (s 68(2)(d)).

12. It is therefore within the scope of the functions of the Director of Public Transportunder the Act to protect the future options for further development of,the rail corridorlocated to the south of the Property (Rail Corridor).

13. We must then turn to the planning scheme to identify the how the Director'sresponsibilities are relevant to planning and development proposals.

Part Two: Yarra Planning SchemeReferral function14. The Director of Public Transport is a referral authority under clause 52.36 of the

Scheme.

15. The referral authority function is triggered by the proposal to construct a building orto construct or carry out works at the Property for:

. a residential development comprising 60 or more dwellings or Iots.16. The exceptions do not applyhere.17. Clause 66 of the Scheme confirms that an application of the kind listed in

clause 52.36-01must be referred to the Director of Public Transport.18. The Director also raises its concerns regarding the proposed development as

neighbouring property owner in addition to its role as a referral authority.

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Relevant transport provisions of the Scheme19. Clause 18 in the State Planning Policy Framework under the Scheme provides that

planning should ensure an integrated and sustainable transport system that providesaccess to social and economic opportunities, facilitates economic prosperity,contributes to environmental sustainability, coordinates reliable movements of peopleand goods and is safe.

20. The Policy Guidelines of clause 18 require planning to consider theActivity Centresand Public Transport Network Plan (2010) in addition to the Public TransportGuidelines for Land (Jse and Developmenl (2008).

21. The objectives of integrated transport (clause 18.01-1) include:2l.T Co-ordinating improvements to public transport, walking and cycling

networks with the ongoing development and redevelopment of the urbanarea.

22. The objectives of the transport system (clause 18.01-2) include the followingstrategies:22.I Reserve land for strategic transport infrastructure;22.2 Locate and design new transport routes and adjoining land uses to minimisedisruption of residential communities and their amenity;22.3 Plan or regulate new uses or development of land near an existing orproposed transport route to avoid detriment to, and where possible enhancethe service, safety and amenity desirable for that transport route in the short

and long terms.23. The Decision Guidelines of the applicable Business I Zone (buildings and works)

requires consideration by the responsible authority of:"The movement of pedestrians and cyclists, and vehicles providing forsupplies, waste removal, emergency services and public transport"

24. It is therefore clear that the overriding State Planning Policy Framework and theapplicable Decision Guidelines require public transport implications of thedevelopment proposal for the Property to be taken into account.

25. Furthermore, the Scheme and the Act together require that not only implications forthe existing operations of public transport are taken into account, but also that futureoperations of public transport are considered.

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26. Furthermore, an "interface body" is required to have regard to the transport systemobjectives when exercising powers and performing functions under any "interfacelegislation" which is likely to have a significant impact on the transport system(s 25(1) of the Act). "Interface body" is defined as meaning a "planning authority"such as the Tribunal and the Planning and Environment Act 1987 (Yic) is interfacelegislation (s 3). Accordingly, the Council and Tribunal must have regard to theActon the basis that the development proposal before it may have a significant impact onthe rail corridor in the event that risk mitigation strategies described in the Director'sdraft conditions are not included as conditions of approval.

27. In addition, guidelines incorporated into the Scheme should be implernented.The Guidelines28. Public transport services and infrastrucfure are required to be integrated into new

development having regard to the Public Transport Guidelines for Land Use andDevelopmerzl (Department of Transporl2008) prepared by the Director of PublicTransport in accordance with s 67(1)(d) of the Act (the Guidelines). The Guidelinesare an incorporated document under clause 81 of the Scheme.

29. The Guidelines are intended to assist addressing the public transport access aspectsof layout of major development (page 1).

30. The Guidelines are designed to assist local government authorities, developers,operators, agencies and consultants in relation to the likely requirements of theDirector of Public Transport when performing a referral authority role.

31. The Guidelines aim to ensure that new developments are designed and implementedin ways that support public transport operations.

32. In relation to trains, the Guidelines note atpage35:Opportunities to build new rail lines and stations and extend railway linesare being investigated and planning continues for the introduction of newheary rail services. Developers should liaise with PTD on potentialnetwork exten'sions that ma), need to be accommodated in the design ofthe development.In the past, service and network improvements for railways tended tofocus largely on capital infrastructure investment. Land use planningshould support, complement and build on these investments, so as tooptimise land use and transport integration.

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Proponents are responsible for the interface between a privatedevelopment and the train network and should consult with PTD.

The Guidelines therefore confirm that the opportunity to develop the rail corridor tothe rear of the Property should be accommodated in the design of the Property.

Part Three: Draft conditions of approval by Director of Public TransportThe application for permit by Richmond Icon Pty Ltd submitted to Council triggeredthe referral requirement under clause 52.36 of the Scheme to the Director of PublicTransport because the proposed number of dwellings exceeds 60.The application was duly referred to the Director of Public Transport.

Draft conditions of approval were submitted by the Director of Public Transport toCouncil. The Director of Public Transport does not object to the development of theProperty. Rather, he wishes to protect options for future development of the RailCorridor.Following filing of the appeal, the Director has revised his draft conditions ofapproval. A revised draft has been circulated and a further revision is attached to thissubmission.It is the Director of Public Transport's submission that if the Tribunal is minded toapprove the use and development proposal which is before it in this Proceeding, theTribunal should apply conditions of approval to protect redevelopment options forthe Rail Corridor in the future.

Forward tltinking39. Future-proofing is one of the responsibilities that the Director and the Department

are charged with under the Act. It is not sufficient for the Director and theDepartment to examine the current impacts of a development proposal. They arecharged with the responsibility of ensuring that the public transport network will beeffective moving into the future, in 10 years and in 50 years time.Use of Melbourne's public transport network is increasing. Following a dip in the1 980s through to the recession of the 1990s, patronage is now at an all time high.According to The Victorian Transport Plan (2008), the metropolitan public transportnetwork cumently carries about 450 million passengers each year, with more than200 million of these trips occuring on trains (p 62). By 2012113, Government

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forecasts predict more than 600 million public transport trips per year, with about300 million trips on trains (p 62). Melbourne's land use and public transport willcontinue to be developed in tandem. This will ensure an adequate supply of land fornew development is maintained and public transport services are planned to servicenew developments (p 83).The Rail Corridor services the Lilydale, Belgrave and Glen Waverley lines. This isreferred to as the Burnley group. The Rail Corridor was the subject of an upgradeproposal at the time that the re-development of Richmond Station was lastconsidered in 2000-2001.I am instructed that the Rail Corridor carries 530 trains per day. During peak times,it carries a train every 3 minutes.It is Government policy for Richmond Station to be upgraded. The proposed UrbanRenewal Authority may be charged with this responsibility, in addition toredeveloping Fisherman's Bend and E-Gate.When Richmond Station is redeveloped, it will be necessary to develop the RailCorridor and increase the number of train lines located to the rear of the Property.The upgrade of Richmond Station is referred to as a long term project in Governmentpolicy (refer p 40 of Meeting Our Transport Challenges (2006) and p 83 of TheVictorian Transport Plan (2008)).For this reason, the Victorian Rail Industry Operators' Group Standards (VRIOS)(2005) includes the Richmond to Camberwell line in the long term clearanceforecasts for the Victorian Network. Appendix 1 sets out options to be retained tosupport future track forecasts. It states

Any new, or alteration to existing, Infrastructure on the following routesmust take into account the following forecasts for additional track(s).This infrastructure must be constructed in such a way as to allow for theforecasted track(s) to be built through, at a later date, with as little impactas is reasonably possible.

Richmond to Camberwell I x additional BG TrackI am instructed that the VRIOS future tracks are indicative only and specific adviceis encouraged for individual projects. Requirements and desirable future provisionschange as the size and nature of emerging problems clarify. In tum, proposals

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become modified by practical options and new solutions are considered. In short,there are no easy answers.One extra track is currently contemplated behind the Property. Development of anadditional track, and the timing of that development, will be heavily dependent onthe design for a re-developed Richmond Station. One of the options that theDirector of Public Transport will consider is a new track running at ground levelalong the northern boundary of the rail corridor, to the north of the existing tracks.For that reason, the Director of Public Transport anticipates that it would bepreferable for the protection of future owners of units at the Property for thedevelopment to include contingency measures to ensure that the structure at theProperty is not interfered with.The Director of Public Transport recommends conditions of approval to assist thedeveloper to minimise risk associated with its long term track forecast for anadditional broad gauge track to the rear of the Property.The Director recommends the appointment of a suitably qualified engineer to adviseon a preferred design option in order to ensure that redevelopment of the RailCorridor will not affect the structural integrity of the proposed development.The Director of Public Transport does not currently propose to acquire any of theProperty. However, it is required to protect the option of railway re-developmentincluding building up to the boundary of the Rail Corridor. This may requireexcavation of the Rail Corridor, possibly up to the Property boundary. Accordingly,structures such as permanent soil anchors are not permitted to be installed on railwayland under the proposed conditions.It is not clear from the plans submitted with the application whether or not thederailment loadings and clearance requirements from Australian Standard AS 5100and VROIS 001 2005 will be complied with. This provides further support for theappointment of a suitably qualified engineer. Again, the beneficiary of compliancewith these standards will be the future owners and occupiers at the Property.Once constructed, the track will be required to comply with the collision loadstandards in AS 5100:

Any part of any structure specified in Clause 10.4.1, including thesuperstructure, within 10 rn horizontally and 5 m vertically of the centre-

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58. In my submission, the Tribunal must consider the risk of significant impact on thetransport system which may arise from the application for permit. These risksinclude:o damage to rail infrastructure arising during construction due to the

proximity of the development site to the Rail Corridor;. obstruction to the future development of the Rail Corridor in the event thatthe development includes below surface concrete pillars that protrude intothe Rail Corridor;o risk to any future development on the Property when development of railinfrastructure within the rail corridor occurs;. delay to the operation of public transport in the vicinity of the Propertyduring construction; and. distraction to train drivers in the event that lighting interferes with driveroperations.

59. My client is concerned to ensure that Australian and Victorian standards forderailment loadings and clearance requirements are met.

60. As noted above, the Director is charged with responsibilities under the Act including:o Protecting future options for the improvement of the transport system

(s 67(2)(i);o Planning for the public transport system (s 67(lXb)); ando Developing and implementing operations policies, plans and guidelines(s 67(1Xd)).61. Further, my client is the registered proprietor of neighbouring land and raises

concerns legitimately as a property owner.

Conclusion62. For all of these reasons, the Director of Public Transport submits that it is essential

that the Tribunal apply all of its draft conditions, in the event that the Tribunal isminded to approve the use and development proposal before it.

Dated 3l May 2010Victorian Government So licitor's OfficeSolicitors for the Director of Public Transport

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ANNEXURE ONEDirector of Public TransportDraft perntit co nditions

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Save Dimmeys. Director of Public Transport