Planning Matters and Transport: When Transport Enables or Stops Development

Transport and traffic concerns are often at the heart of planning disputes, and few cases illustrate this better than the Bunnings Brunswick case. This case, decided by VCAT, serves as a powerful example of how strong local policies and thorough transport studies can influence development outcomes. Whether you're proposing a project or opposing one, understanding the role of transport in planning is essential for navigating these disputes effectively.

The Bunnings Brunswick Case: Policies and Evidence in Action

Bunnings proposed to build a store in Brunswick, near Glenlyon Road—a vital east-west cycling route. Moreland Council and local community groups opposed the development, arguing that it conflicted with local policies promoting sustainable transport and reducing car dependency.

VCAT ultimately upheld the council's decision to reject the proposal, citing its failure to address key transport issues. The Tribunal noted that the project did not align with policies encouraging a "modal shift"—a move away from car-based travel toward sustainable alternatives such as walking, cycling, and public transport. Specifically, the proposal would have increased traffic congestion, diminished pedestrian and cycling amenity, and contradicted the objectives of Moreland's Integrated Transport Strategy (MITS).

Paragraph 198 of the decision states:

"Some of the consequences of this proposal are functional and built form implications for Glenlyon Road as well as consequences for enhancing public transport and cycling as alternative transport modes. This proposal does not advance the policy objectives that encourage modal shift."

Why Transport Studies Are Crucial in VCAT Cases

The Bunnings case highlights a key principle for transport-related planning disputes: technical studies are essential. Traffic modelling, accessibility assessments, and transport impact studies provide objective data that can strengthen your argument, whether you're supporting or opposing a development.

Key technical studies include:

• Traffic Modelling: Evaluates how a development will affect congestion, queue lengths, and road capacity.
• Accessibility Studies: Assesses how a project integrates with public transport and active transport options like cycling and walking.
• Parking Impact Assessments: Determines whether the development meets parking requirements without negatively affecting the surrounding area.

The Role of IRAC in VCAT Decisions

VCAT members use the IRAC method to assess cases:

• Issue: Clearly define the transport or traffic problem.
• Rule: Identify the relevant rules and policies, such as local planning schemes, state transport policies, and overarching strategic frameworks like Plan Melbourne.
• Application: Show how these rules apply to the specific facts of your case, using technical studies and data.
• Conclusion: Provide a clear recommendation for approval, rejection, or conditional approval.

Practical Tips for Transport-Related Planning Matters

• Start with Local Policies: Ensure your argument aligns with the planning scheme and any relevant local strategies, such as MITS in the Brunswick case.
• Commission Technical Studies: Engage qualified experts to produce evidence-based reports. With advances in transport modelling technology, these studies are becoming more accessible and cost-effective.
• Stay Objective: Focus on facts and evidence rather than relying on community sentiment alone.
• Follow IRAC: Structure your case around the Issue, Rule, Application, and Conclusion framework to ensure clarity and relevance.
• Be Prepared: Whether you're the developer, the council, or a concerned resident, preparation is key. Gather all necessary documents and ensure your evidence is well-organised and compelling.

The Takeaway

Transport can make or break a development proposal, and the Bunnings Brunswick case is a testament to this. Whether you're planning a project or opposing one, success at VCAT depends on aligning with strong local policies and presenting robust technical evidence. By focusing on measurable impacts and applying the IRAC framework, you can make a persuasive case that supports your goals while contributing to fair and sustainable planning outcomes.