The application to amend planning permit No 82-95-063 is allowed and the permit shall be amended with the following alterations to Condition 4.

(i) after steam train line in the second line add "as laid out on amended location plan dated 1/8/2000 and site plan S2871".

(iii) new 4(e) - Proposed storage/maintenance shed to be 13mx23mx4.87m maximum height constructed with water proof materials and in a water proof manner and located on the north west boundary of the fenced compound.

(iv) New 4(f) - The compound to be reduced in width to 15m with the external spur line along the south east boundary and the enclosure landscaped to the satisfaction of the Responsible Authority.

(v) New 4(g) - The shed and fences shall be constructed with provision for flood flows to pass through the building.

(vi) New 4(h) - any electrical outlets in the shed to be 300mm above the 1% flood level, ie 95.90m AHD.

(vii) New 4(i) - The Applicant shall agree to include in the S173 agreement proposed under Condition 23 not to expand the storage site or the nature of the activity as a storage facility.

(viii) New 4(j) - The detailed design of the proposed storage shed and compound shall be approved by the Responsible Authority in consultation with the North Central Catchment Management Authority prior to commencement of works.

Mr John Brennan, Town Planner represented the Responsible Authority.

Mr John Cicero, Solicitor of Best Hooper represented the permit applicant.

Mr Warwick Horsfall, Consulting Town Planner represented the local objectors.

Mr Peter Williams represented the Echuca Historical Society Inc, also an objector.

1. This application is brought under Section 87 of the Planning and Environment Act 1987 seeking an amendment to planning permit No 82/95/063 initially issued on the 18 December 1996.

2. The subject land and permitted proposal as described by Mr Brennan is:

"The subject land is Crown land comprising of an approximately 2.8 kilometre long linear strip, commencing at the Port of Echuca and terminating at the Campaspe/Murray River Junction, via Watson Street and Victoria Park. The Shire of Campaspe is the Committee of Management for this Crown Land.

The following provides a more specific delineation of the subject land:

Commencing from within the log yard in the Port of Echuca, the route traverses across a road which provides access to River Boat Dock; through a grass verge adjacent to the barge `Alison', along a levee bank (parallel with Watson Street) before moving down the east side of the levee at the corner of Watson and Crofton Streets and into Victoria Park; adjacent to the eastern and northern boundaries of the Echuca Caravan Park; to the north of both the tennis/netball recreational complex and the Echuca High School and reaching the junction of the Murray and Campaspe Rivers.

Planning Permit 82-95-063 was issued on 18 December 1996 by the Shire of Campaspe (the Council), at the direction of the former Administrative Appeals Tribunal of Victoria, the permit allowed for the const4ruction and operation of a two (2) foot gauge tourist steam tramway from the Port of Echuca, along the levee bank adjacent to Watson Street, and through Victoria Park to the Junction of the Murray and Campaspe Rivers.

On 11 November 1998 the applicant, Mr Warwick Turner, wrote to Council requesting an extension of time as the two year commencement period had not been actioned as required by the Condition 22 of the permit. Under delegated authority the planning permit was extended until 18 December 2000.

On 3 October 2000 the applicant again wrote to Council requesting an extension of time as the commencement period had still not been actioned. The request was considered by Council at it's Ordinary meeting on 14 November 2000 and resolved that the planning permit be extended until 18 December 2002."

3. Pursuant to Section 87 of the Planning and Environment Act 1987 (the Act), the changes sought to the approved development and use are as follows:

a) The termination of the gauge immediately north of the road leading to River Boat Dock (previously extending into the log yard with the Port of Echuca).

b) Relocation of the passing loop from within the log yard to be adjacent to the barge `Alison' on the north side of the previously mentioned road.

c) Relocation of the site for storage, repair and maintenance of the locomotives from the log yards to an area of Crown land in Victoria Park immediately to the north of an existing tennis reserve.

d) Construction of a new section of gauge of approximately 300 metres in length to access the new area for storage, repairs and maintenance.

e) Construction of a pitched roof shed measuring 12.2 metres by 21.3 metres (260m2) and ranging from 3.5 metres to 6 metres in height to provide under cover storage and an area for maintenance and repairs of locomotives. The shed is proposed to be constructed of corrugated iron walls and roof, with three (3) `selected timber" doors. The shed and a section of the line is to be located within a compound measuring approximately 21.3 metres by 39.6 metres (843m2) - based on written submission (or 15.5 metres by 39.6 metres (613m2) as shown on the submitted plan). It is proposed to plant screening tree around the southern and eastern boundaries. (No specific details concerning the type and height of fencing surrounding the compound were provided).

"The new Campaspe Planning Scheme (the Scheme), based on the Victoria Planning Provisions format, was gazetted on 1st October, 1998. This Scheme replaced the former Campaspe Planning Scheme, Local Section, Chapter 3 (Echuca) under which the current proposal was originally submitted and considered.

The subject land is zoned `Public Conservation and Resource" (PCRZ) and `Public Park and Recreation' (PPRZ) pursuant to the Scheme. The Heritage Overlay (HO) and Land Subject to Inundation Overlay (LSIO) controls impact on the subject land.

A land use described as `Tramway' is included in the current Scheme, but not defined. It is considered that this would most correctly describe the current permitted use. The proposed amendment would appear to be buildings and works associated with that use.

Under PPRZ the use is not specifically listed as either a section 1 (permit not required' use) or Section 3 (`prohibited' use) use and accordingly defaults to the Section 2 (permit required).

Under PCRZ the use appears to default to a Section 3 use (prohibited). However, it is considered that the use has existing use right under Clause 63.01 due to the fact that a permit for the use had been granted before the approval date of the current Scheme and the permit, through an extension of time, is still active.

Under the HO and LSIO a permit is required for the construction of a building and also to construct and carry out works."

5. The Applicant on relying on Section 87 of the Planning and Environment Act 1987 explained the "(d)" material change of circumstances that has occurred since the grant of the permit thus:

"The Shire of Campaspe, through their Port of Echuca Authority committee, desire to use and/or develop the log yard in a different manner to that which was proposed by the tramway development. I desire a undercover storage working area. We have mutually agreed to co-operate and support each other objectives. This has resulted in an in principal agreement with Council officers with regard to the truncation of the tramway and the relocation of the passing loop. The same applies to the storage/maintenance facility - its approximate location being also agreed to by officers from the Dept. Natural Resources and Environment. The Shire of Campaspe is the Committee of Management in respect to crown land to be used by the tramway permanent way."

6. After hearing from the parties an inspection was carried out at the barge `Alison' and the proposed site of the new workshop/storage area with most of those who attended at the hearing.

7. This application is seeking to amend an existing permit issued in December 1996 and extended currently by the Responsible Authority to 18 December 2002. The use is for a narrow gauge tramway through Crown land abutting the Murray River from the old Port area to the junction of the Murray/Campaspe Rivers.

8. The amendments sought are listed in 3 above and the reasons for seeking those amendments are detailed in 5 above. The amendments were subsequently agreed to by the Responsible Authority with modifications. Mr Brennan detailed the approval and modifications thus:

"Council staff and Councillors subsequently liased with the applicant/requester, and on 20 September 2000 Council's Chief Executive Officer wrote to the applicant/requestor stating that subject to the following modifications, Council would be willing to consent to amended plans:

a) reduction of the height of the shed to 4.87 metres or 16 feet.

b) Location of the shed to the north west boundary (NB: this should have read `south west boundary').

c) Size of the shed to be 13 metres x 23 metres (NB: due to a miscalculation in estimating the dimensions, it is considered that this should be read as '12 metres x 21 metres').

d) Reduce the width of the compound to 15 metres.

e) Locate the external spur line along the south east boundary.

f) An agreement be entered into to prohibit the further expansion of the site or expansion of the nature of the activity as a storage facility.

Council did note however that the final decision of whether these modifications would be accepted as an amendment to the current permit, or be the subject of a new application, rested with VCAT ."

9. It is noted that the Department of Natural Resources and Environment wrote to the Registrar of Victorian Civil and Administrative Tribunal stating that the matters raised in the amendment application do not directly concern them and that they would not attend this hearing.

10. It is also noted that the North Central Catchment Management Authority has no objection to the amendments subject to three proposed conditions that are:

"* The sheds and fences shall be constructed with provision for flood flows to pass through the building.

* The building shall be constructed with water proof materials and in a water proof manner. The electrical outlets shall be 300mm above the 1% flood level, ie 95.90 metres AHD.

* A detailed plan of the proposed shed and storage area shall be approved by Council in consultation with the North Central Catchment Management Authority prior to commencement of works."

11. The Tribunal as stated at the commencement of the hearing is to consider the amendment application not the planning merits of the overall tramway that already has a permit. It is to be noted that the objectors raised issues in their letters on file in relation to the merits of the whole tramway that was considered in 1996 and a permit thereafter issued.

12. This application and its decision following the hearing only relates to the merits of the amendments sought. It is a reasonable request and reasons have been given to adequately substantiate the request before the Tribunal now.

13. There are two separate locations relating to the amendments and I will deal with each one separately. They are:

ii) Relocation of the storage and loco service area from the Wharf area to within the Park immediately to the north of the existing tennis reserve.

14. The permitted proposal had the rail line running past the barge `Alison', across the vehicular access road to the paddle steamers and hire boats to the old Wharf wood yard. The wood yard area was to have been the passing loop, storage and service area for the locos. The amendment is seen as an improvement in the wharf area in that the wharf area is free for a more suitable wharf related activity and the roadway to the paddle steamers is unaffected. The permitted proposal at the wharf road would have required a lifting of the road levels to offer a level rail access into the store/servicing area. This would have necessitated significant alterations to access that will not be necessary with the proposed amendments. Also, the site inspection revealed that there would be no alteration required to the barge `Alison' as there is ample room for the proposed terminal and passing loop.

15. In deleting the above wharf area storage and servicing area, another area had to be found. This is the second amendment sought. An existing open area behind the tennis courts shown on the inspection that requires approximately a 300m rail connection. This was proposed as a large fenced yard with a storage and maintenance/repair shed for the locos.

16. There has been discussion and agreement between the Applicant and Responsible Authority and the agreed sizes are detailed in 8 above. The overall proposed fenced area and shed location and area were shown on the inspection.

17. The shed and fenced enclosure location did not affect the park trees or users of the large park and there is no reason on planning grounds to refuse the request to amend the permit in this instance. The submissions and particularly the inspection were helpful in understanding the application and its background and the objector's concerns.

18. As stated earlier, the objections are based on concerns over the whole tramway project that has an operating permit and so far as the Tribunal is concerned the proposed amendments are an improvement within the port area and will not affect users of the park at all. It is intended to allow the amendments sought with the modifications agreed to by the Responsible Authority and including the Catchment Management Authority requirements all as amendments to the conditions in permit No 82-95-063.