Waverley Park Powerlines

Council advocated strongly against developer Mirvac's decision to put high-voltage powerlines above ground at the Waverley Park estate, and supported residents as they fought for years against the move.

Many residents who bought properties on the estate did so on the understanding the powerlines would be put underground. According to a 2002 planning permit for the estate, Mirvac was required to put the powerlines underground.

In November 2016, the State Government advised Council it had approved an amendment to the 2002 planning permit, to allow the powerlines to remain above ground. Here is Council's November 2016 media release: Disappointment in Waverley Park powerlines outcome.

As part of the government's decision, it was proposed Mirvac would provide $6.5 million to upgrade community facilities in Waverley Park, including a community facility in the Waverley Park Stadium, improvements to the wetlands corridor and upgrades to several existing parks/open spaces in the estate.

Advisory Committee Report

In making its decision, the State Government considered a report from a Planning Advisory Committee. The Waverley Park Transmission Lines Advisory Committee provided its report to the State Government in early 2015, but the report was not released until December 2015.

You can read the report here: Advisory Committee Report(PDF, 1MB)

Background

It was a long process. In 2013, Mirvac applied to then Planning Minister Matthew Guy for permission to amend its permit so the powerlines could remain above ground. The Minister asked Council for its view on Mirvac's request.

At its August 2013 meeting, Council decided to lodge an objection with the Minister against the application. Council's objection was on the grounds that:

Retention of the powerlines overhead would be detrimental to the visual character of the area, the aesthetics of the subdivision and development of Waverley Park
Retention of the overhead powerlines would have a detrimental effect on the amenity of a significant number of residential properties in Waverley Park, including issues like visual detriment, bulk, views to sky and sense of enclosure
The retention of the overhead powerlines would have a significant impact on the future use and development of the affected proposed public open space
There was no planning argument to justify the amendment, and the amendment would lead to a less-than-optimum planning outcome
The justification for the amendment was financial and not outcome driven

For more information on Council's position, please read the report Council adopted at its 27 August 2013 meeting(PDF, 428KB).

In 2014, the Minister refused Mirvac's request. The grounds for the Minister's decision were:

There was an implicit obligation by way of Condition 50 of Planning Permit No. STA2001/000714 to put the powerlines underground
The proposal was contrary to the expectations of the Waverley Park community regarding visual amenity
The proposal did not provide sufficient community facilities or improvements to Lake Park in accordance with the recommendations of the Panel Report (Monash Planning Scheme Amendment C20), dated August 2012
The cost increase of undergrounding the powerlines was not an overriding planning consideration

Here is the Minister's decision regarding the Waverley Park powerlines issue: Minister for Planning's decision regarding Waverley Park powerlines(PDF, 877KB).

VCAT hearing initially planned

After the Minister refused Mirvac's application, Mirvac appealed to the Victorian Civil Administrative Tribunal (VCAT) against the decision.

The VCAT hearing was set to begin in August 2014 but was cancelled after the Minister "called in" the application. The Minister subsequently appointed the Advisory Committee to hear submissions and make a recommendation.

Prior to the cancellation of the VCAT hearing, Mirvac had lodged revised plans and all parties had lodged evidence.

Here are the documents associated with Mirvac's revised plans:

Letter to VCAT(PDF, 43KB)

Notice of Amendment(PDF, 106KB)

Statement of Changes(PDF, 84KB)

220KV Transmission Line - Strain Twin Pole - Double Circuit(PDF, 195KB)

Valmont Concept Drawing E14190A 48m 160kNU(PDF, 50KB)

220KV Transmission Line - Mono Pole - Double Circuit(PDF, 210KB)

Valmont Concept Drawing E14190A 48m 270kNU(PDF, 65KB)

Public Open Space(PDF, 2MB)

Proposed New Poles(PDF, 2MB)