Greater Shepparton Planning Scheme Amendment C118: Shepparton North East PSP

Transcription

1 3 August Spring Street Melbourne Victoria 3000 GPO Box 2392 Melbourne, Victoria 3001 Telephone (03) As addressed Dear Submitter Greater Shepparton Planning Scheme Amendment C118: Shepparton North East PSP A Directions Hearing was held on Friday 11 May 2018, and a second Directions Hearing was held on 2 August 2018 at Planning Panels Victoria in relation to the above Amendment. A copy of the Panel s Directions and Hearing Timetable are attached. The following key dates are relevant to this matter: All expert witness reports (with the exception of Mr Milner s clients traffic report) must be circulated by 12.00noon on Monday 13 August 2018 The Victorian Planning Authority s (VPA) Part A submission must be circulated by 12.00noon on Monday 13 August 2018 The Hearing will commence at 10.00am Monday 20 August 2018 The Hearing will be held in two locations: Shepparton: 20 and 21 August 2018 Melbourne: 22 and 23 August 2018 The following information is enclosed for your information: Panel Directions Distribution List Hearing Timetable. If you have any queries, please contact Ms Andrea Harwood, Senior Project Manager of Planning Panels Victoria on (03) or planning.panels@delwp.vic.gov.au. Yours sincerely, Kathy Mitchel Panel Chair Privacy Statement Any personal information about you or a third party in your correspondence will be protected under the provisions of the Privacy and Data Protection Act It will only be used or disclosed to appropriate Ministerial, Statutory Authority, or departmental staff in regard to the purpose for which it was provided, unless required or authorised by law. Enquiries about access to information about you held by the Department should be directed to the Privacy Coordinator, Department of Environment, Land, Water and Planning, PO Box 500, East Melbourne, Victoria 8002

2 Panel Directions Greater Shepparton Planning Scheme Amendment C118: Shepparton North East PSP Written Submissions at the Hearing 1. All parties should bring to the Hearing at least eight (8) hard copies of additional written submissions and accompanying documents (i.e. photographs, plans). Copies of original submissions are not needed. 2. Written material presented at the Hearing should be two-hole punched and stapled (not bound). 3. Submissions (preferably in MS Word) should be ed to the Panel after the Hearing at 4. Submissions and material presented at the Hearing including PowerPoint presentations are public documents and may be made available to other parties. Exchange of Expert Witness Reports 5. Expert witnesses reports must comply with the Planning Panels Victoria Guide to Expert Evidence ( 6. Expert witness reports should not refer to any individual submitter by name. If necessary, submitters may be referred to by submission number. 7. All expert witness reports (with the exception of Mr Milner s clients traffic report) must be circulated by 12.00noon on Monday 13 August 2018 in accordance with the attached Distribution List. 8. The exception to this is the traffic evidence only of Mr Milner of 10 Consulting on behalf of his clients (Margaret and Paul Bennetts/Kapari Pty Ltd). That evidence is to be submitted by 12noon on Wednesday 15 August A copy of any expert witness report received must be made available on the VPA and Council websites and at their offices. 10. The Panel is to be provided with an unlocked copy of any document circulated. Information to be supplied 11. The VPA must circulate to all parties on the distribution list its Part A Submission by 12noon on Monday 13 August This should include: a. Background to the Amendment b. Chronology of events c. Strategic context and assessment d. Identification of any further issues raised in submissions and its response e. Copy of any authorisation letter f. Further updates to the Precinct Structure Plan and Development Contributions Plan g. Changes to other Amendment documentation proposed as a result of the issues raised in submissions. Note: At the Hearing, the VPA s Part A Submission will be taken as read by all parties. The VPA should allow time on Day 1 for questions of clarification from the Panel. 12. The VPA is to provide a copy of the brief of instruction provided to Traffic Works and Spiire with regard to the peer review of the traffic and drainage reports to Mr Milner as soon as is practically possible.

3 13. At the Hearing, VPA must address the following issues through its Part B Submission : a. A summary of the key issues raised in submission b. Response to evidence tabled c. Its final position on the Amendment. d. List other items to form part of Part B Submission, i.e. key items to be addressed. 14. The VPA must advise and/or supply the following documents to the Panel by 12noon on Wednesday 8 August 2018 (and make these available on the VPA and Council website for access by all): a. A list of any reports or documents that will be relied upon at the Hearing, and copies of these for the Panel if they are not provided electronically b. A land ownership plan c. An up to date version of the Infrastructure Design Manual. 15. At the Hearing, the VPA should arrange for: a. A map showing the location of submitters by submitter number. This map: i. must not show submitter names ii. must not be placed on the internet or replicated in any report. b. Appropriate aerials and plans at large scale. 16. At the first Directions Hearing, the Panel noted some of the issues emerging through its preliminary review of the Amendment (and these were noted at the second Directions Hearing): a. The overall cost of the Development Contributions of $264,588 per net developable hectare, further, it was interested in: i. Its cost in comparison to other regional centres and metropolitan Melbourne ii. The various costed inclusions iii. The impact on housing prices and housing affordability iv. Impact on overall viability of the Precinct Structure Plan and development of the land b. Extent and location of drainage infrastructure c. Road and path dimensions, and road intersections d. Access to Ford Road e. Drafting issues, including Clause 52.01, amount and designation of shop floorspace, the Kangaroo Management Plan, land set aside for education purposes f. Compliance with EPA requirements g. Consistency with the Infrastructure Design Manual h. Consistency with local and state policy i. Designation of the school expansion site and co-location with community facilities. 17. Since its further review, the Panel noted at the second Directions Hearing: a. The reduction in the DCP contribution rate to $174,944 per net developable hectare b. The revised drainage proposal and the reduction in the number of drainage basins from 5 to 4 following the peer review by Spiire c. The revised road and traffic layout proposals following the peer review by Trafficworks with further submissions to come from VicRoads 3

4 d. Redrafted planning documents including that amendment of Clause is not proposed; the changed approach to the application of the Public Acquisition Overlay and the use of one Public Acquisition Overlay; the increase in shop floorspace to 2000 square metres; the deletion of provisions requiring a Kangaroo Management Plan and the proposed treatment of land for school purposes e. The inclusion of controls over sensitive uses in the Precinct Structure Plan and Urban Growth Zone Schedule 1 f. The material and documents distributed to date do not provide a cost comparison of the Development Contributions Plan with other regional centres and metropolitan Melbourne. Nor does the material deal with the impact on housing prices and housing affordability and the viability of the Precinct Structure Plan. g. A number of peer reviews have been commissioned. The revised documents provided the Trafficworks and Spiire reports. However, there are other documents that are referenced but appear not to be provided. They include: Shepparton North East PSP Noise Assessment (Marshall Day Acoustics Pty Ltd, July 2017) Shepparton North Activity Centre Community Services and Facilities Needs Assessment (Capire, 2016) other reports relied on for costings in the DCP including by Civil Design Consulting Engineers Pty Ltd and Plancost. The Panel directs the VPA to respond to all matters raised, as appropriate, in Items 16 and 17 above. Expert witness conclave - Traffic 18. Expert witnesses on traffic are directed to meet and seek to agree on key issues in dispute and key assumptions prior to the Hearing. 19. The expert meeting should occur after circulation of expert reports and before the first expert in the field is called to give evidence. 20. The format and conduct of the meeting is at the discretion of the experts. The VPA should coordinate arrangements and take notes. 21. The meeting can only be attended by the experts being called to give evidence, and a nonparticipating note taker if necessary. A representative from VicRoads with technical expertise should be invited to attend the meeting. 22. Advocates for parties or those instructing experts must not attend the meeting. 23. The expert meeting should canvass at least the following issues: a. Understanding of methodology and assumptions in the assessment undertaken to date b. Appropriateness of methodology for the task c. The results obtained, including the adequacy of the proposed access arrangements d. Interpretation of the results. 24. A brief statement from the meeting should be prepared which highlights points of agreement and disagreement between the experts. The experts present should be noted (including attendances and absences of any significant discussion point if some attendees are only there for part of the meeting). 25. The statement should be signed by all participants and filed by 10.00am on Monday 20 August 2018 in accordance with the attached Distribution List. 26. If any expert witness directed by the Panel to meet with any other expert is instructed not to reach agreement in respect of points of difference, these instructions must be reported in writing to the Panel by the expert witness. 4

5 Amendment VC On 31 August 2018, the Minister for Planning gazetted VC148 which include several reforms to the Victoria Planning Provisions. It also introduced: Advisory Note 71 A New Planning Policy Framework Advisory Note 72 Reforms to the Victoria Planning Provisions Clause finder (to help navigate the changes on a Clause by Clause basis) 28. The Panel has not and will not review the Amendment to take into account the implications of VC148. (On a without prejudice basis), the Panel will make a recommendation in its report that the VPA review the provisions and schedules of the Amendment during finalisation, in consultation with Council and/or DELWP to ensure it is consistent with Amendment VC148. 5

6 Distribution List Greater Shepparton Planning Scheme Amendment C118: Shepparton North East PSP This list is to be used to circulate Expert witness statements and any other information as directed by the Panel. Electronic All expert witness reports (with the exception of Mr Milner s clients traffic report) must be circulated by 12.00noon on Monday 13 August Electronic documents Party Planning Panels Victoria Victorian Planning Authority and Greater Shepparton City Council Fairleys IGA Goulburn Murray Water VicRoads Grahamvale Primary School Council Kapari Pty Ltd T/As Bi Design and Paul and Margaret Bennetts Nordic Pty Ltd Shepparton Pty Ltd Tom Sfetlopoulos & Family, Petra Thomson Partners and others address planning.panels@delwp.vic.gov.au Michael.macdonagh@shepparton.vic.gov.au kmorris@ha.legal Melanie.Ringersma@vpa.vic.gov.au emily.killin@vpa.vic.gov.au Rob.mcgirr@wisemah.com.au jkane@vicbar.com.au Sam.green@gmwater.com.au Michael.bismire@roads.vic.gov.au Paula.Muir.p@edumail.vic.gov.au robm@10cg.com.au paul@bidesign.com.au margb@ggs.vic.edu.au kameel@mondousproperty.com peterofarrell@vicbar.com.au raph@centrumplanning.com.au Tom266@bigpond.com Hard copies Party Planning Panels Victoria Attn: The Panel Coordinator GPO Box 2392 Melbourne, Victoria 3001 (By courier to Level 5, 1 Spring Street, Melbourne 3000 and mark as Urgent ) No of Copies 02 copies

7 Timetable Greater Shepparton Planning Scheme Amendment C118: Shepparton North East PSP Day 1: Monday 20 August 2018 Venue: Shepparton Law Courts, Jury Pool Room Level 4, 18 High Street Shepparton Party Sub No Allocated 10.00am 10.15am Preliminary matters 15 mins 10.15am 11.15am 11.15am 11.45am 11.45am 12noon 12noon 1.15pm 1.15pm 2.00pm 2.00pm 3.15pm 3.15pm 4.30pm 4.30pm 5.00pm Victorian Planning Authority (VPA) and City of Greater Shepparton (Council) represented by Kate Morris of Harwood Andrews, calling evidence from: Leah Wittingslow of Mesh Planning in planning Bob Citroen of Traffic Works in traffic Alexandra Brown of Spiire in drainage OPENING SUBMISSIONS Goulburn Murray Water, represented by Sam Green Tea break Evidence of Alexandra Brown in Drainage Lunch Break VicRoads and Transport for Victoria, represented by Michael Bismire Evidence of Bob Citroen in traffic VPA and Council submissions on drainage and traffic 1 day Day 2: Tuesday 21 August 2018 Venue: Shepparton Law Courts, Jury Pool Room Level 4, 18 High Street Shepparton Time Party Sub No Allocated 9.30am 10.45am Development Contributions Plan evidence tbc 10.45am am VPA and Council, further submissions 11.15am 11.30am Tea Break 15 mins 11.30am 12noon 12noon 12.30pm 12.30pm 1.15pm 1.15pm 4.15pm Tom Sfetlopoulos and Family, and Petra Thomson Partners and others Grahamvale Primary School, represented by Paula Muir and Simone Higgins Lunch Break Paul and Margaret Bennetts and Kapari Pty Ltd T/As Bi Design, represented by Rob Milner of mins 30 mins 3 hours

8 Greater Shepparton Planning Scheme Amendment C118: Shepparton North East PSP Hearing Timetable (Version 1) Consulting, and calling evidence from: tbc in traffic Stephen Hunt of TGM Group in engineering Day 3: Wednesday 22 August 2018 Venue: Planning Panels Victoria, Hearing Room 2 (Ground Floor, 1 Spring Street, Melbourne) Time Party Sub No Allocated 10.00am 10.15am Preliminary matters 15 mins 10.15am 1.00pm 1.00pm 2.00pm 2.00pm 3.00pm Shepparton Pty Ltd, represented by Peter O Farrell of Counsel, calling evidence from: tbc in planning Lunch Break Fairleys IGA, represented by Jason Kane of Counsel, instructed by Wisewood Mahoney Lawyers 3 hours 60 min Day 4: Thursday 23 August 2018 Venue: Planning Panels Victoria, Hearing Room 2 (Ground Floor, 1 Spring Street, Melbourne) Time Party Sub No Allocated 10.00am 10.15am Preliminary matters 15 mins 10.15am 1.00pm 1.00pm 2.00pm 2.00pm 3.00pm Nordic Pty Ltd, representation to be advised and calling evidence from: Richard Brewster of Reeds Consulting in civil engineering Lunch Break Victorian Planning Authority and City of Greater Shepparton, right of reply 3 hours 60 mins Hearing Timetable Notes: 1. This timetable may be amended without notice. 2. Please arrive at least 15 minutes before your scheduled time of commencement. If you are unable to be present at your scheduled time, please contact Planning Panels Victoria as soon as practicable. 3. Any queries regarding this timetable should be made to Andrea Harwood, Senior Project Manager on Getting to Planning Panels Victoria: Planning Panels is on the 75 and City Circle tram lines and a short walk from the Collins Street trams 109, 112 and 48. It is also a short walk from Parliament Train Station. Page 2