Victorian Civil and Administrative Tribunal|2012-11-22|Before: Garde J

The applicant and the Minister for Planning consent to the orders to be made by the Tribunal.

By Tribunal order dated 25 October 2012, Moyne Shire Council was given leave to make a submission at the hearing.[1] This did not include the right to call witnesses. The subject land falls within its municipal district. It is the road authority responsible for the maintenance and upkeep of Slattery's Road. Slattery's Road has a gravel surface. Moyne Shire Council is not the responsible authority for the purposes of this application.

Ms Marshall made a submission on behalf of Moyne Shire Council. The Council argued:

The form of the consent orders proposed by the other parties was vague and uncertain.

An existing conditions survey and native vegetation survey should be undertaken for Slattery's Road, Railway Road and Gunns Road.[2] The existing conditions survey undertaken of Slattery's Road is inadequate.

The traffic management plan needs to be upgraded and fails to recognise that the over-dimensional load widths are greater than the existing width of Slattery's Road which needs to be upgraded to 10.8m formation to cater for all anticipated vehicle movements.

Construction is likely to occur in the 2nd and 3rd quarters, which include the wettest parts of winter and spring.

The traffic management plan fails to include steel reinforcement deliveries, water deliveries, sand and fuel deliveries during construction.

Slattery's Road should be upgraded and widened.

Construction worker traffic movements have been underestimated at 14-28 vpd. There will be an increase of approximately 10% additional traffic movements on the road network for the period of construction.

The traffic management plan refers to a single quarry. In the construction of other wind energy facilities, more than 7 local quarries have been used to provide construction materials. Details of the proposed routes and impacts on local roads is required in relation to routes to and from those quarries. Road upgrade works might need to be undertaken for the affected roads together with an existing conditions survey and a native vegetation survey.

The other parties responded to these submissions contending that the traffic management plan and the other plans were satisfactory.

The form of the consent orders was revisited by the parties at the request of the Tribunal. All plans and documents that are to be endorsed are clearly identified under the applicable conditions of the permit.

Following preparation of the traffic management plan, an existing conditions survey was undertaken for Slattery's Road. As far as native vegetation is concerned, most of the 1.82 km of Slattery's Road to be used by construction traffic is open farmland with little, if any, native vegetation. The survey results contained in the traffic management plan provide details of trees at stops and intersections. Photographs are provided showing vegetation along the relevant part of Slattery's Road. The Minister as responsible authority is satisfied with the traffic management plan generally and with the information and details provided as to the small amount of native vegetation existing along the route. In my view, the existing conditions survey and native vegetation survey together with the photographs included in the traffic management plan are adequate for the purpose. They can easily be supplemented if need be.

Under the traffic management plan,[3] the transport of over dimensional vehicles is limited to 9:00pm to 7:00am during the summer months (November to March) and 7:00pm to 7:00am during the rest of the year. Areas of indigenous roadside vegetation that may require removal are identified as part of the existing road survey.[4] It is expected that native vegetation loss can be minimised through intersection control measures.
The traffic management plan also states that construction works may be undertaken to install a road base to enable heavy vehicle access.[5] A program of regular inspection is required within 2 km of all access sites.[6] Any deterioration in the roads used by construction traffic will trigger repair and maintenance work at the applicant's cost.[7]

Under the traffic management plan, inspections are to be conducted to identify deficiencies in the structural integrity of the various components of the road infrastructure including the roads shoulder caused by the construction vehicles. Road rehabilitation will be carried out after routine inspections have identified the need for maintenance work.

In the case of Slattery's Road, the traffic management plan provides for maintenance to be carried out not more than one week after a pothole or road pavement deformation is identified.[8] Repair and maintenance of roads due to the adverse effect of construction traffic is at the cost of the applicant.

In the event of wet weather, transportation by over dimensional vehicles may have to be suspended. However, if the use of over dimensional vehicles causes damage, under the traffic management plan the applicant is required to repair the pavement within one week and pay the cost of repair.

It is true that the over dimensional load widths are marginally greater than the existing width of the pavement of Slattery's Road in some places. This does not present a significant problem. The pavement lies within a road reserve, and the surrounding land is open farmland. There is no difficulty relating to width that cannot be overcome by a driver exercising normal skill and with the assistance of a pilot vehicle. The road reserve has ample space and is largely, if not entirely, devoid of native vegetation.

Steel reinforcement deliveries, water deliveries, sand deliveries and fuel for equipment will be necessary during the construction phase. However, I am satisfied that these and other deliveries can readily be accommodated on the road system. As I have noted above, if there is any damage to the gravel surface of Slattery's Road, it will be required to be rectified by the applicant within seven days of inspection.

Estimates of construction worker traffic movements are given at 14-28 vpd or 10% of additional traffic movements for Slattery's Road. The volume is small, and I do not consider that it has any real significance. Moreover, the additional traffic is confined to the construction period only. The additional traffic will cease when construction work is completed.

If the applicant seeks to rely on only one quarry, that is a matter for it. If it desires to alter the provisions of the traffic management plan, a process of amendment and approval will need to be undertaken. At this time, an amended traffic management plan showing all designated transport vehicle routes then intended for the project will have to be prepared and approved.

I am of the view that the objections advanced by Moyne Shire Council are unpersuasive and should not be accepted. The Minister of Planning as responsible authority consents to the endorsement of the plans and documents submitted for approval. It is appropriate to make the consent orders submitted in Application P938/2012 generally in the terms submitted by the applicant and the Minister.

All parties consent or do not object to the withdrawal of the application P1956/2012. Orders will be made in this application in the terms submitted by the parties.

[1] Woolsthorpe Wind Farm Pty Ltd v Minister for Planning [2012] VCAT 1634 (DP Gibson).

[2] The request for a survey of Railway Road and Gunns Road was not pursued these roads not being designated transport vehicle routes for the project.

[3] Traffic Management Plan (December 2011) p 7 para (c).

Environment Act 1987

Woolsthorpe Wind Farm Pty Ltd v Minister for Planning [2012] VCAT 1693 (22 November 2012)

Woolsthorpe Wind Farm Pty Ltd v Minister for Planning [2012] VCAT 1693

At a glance

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Judgment (27 paragraphs)

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Legislation Cited (1)

Cases Cited (1)

Woolsthorpe Wind Farm Pty Ltd v Minister for Planning [2012] VCAT 1693 (22 November 2012)