consistency assessment pimlico to teven road … · south of the intersection of the bruxner and...

Ballina Bypass Alliance

P2T Consistency Assessment PAGE 01 of 27

Version No. 3.0 Consistency Assessment P2T Rev C 1 6 2012.docx

CONSISTENCY ASSESSMENT

PIMLICO TO TEVEN ROAD SCOPE CHANGE

BALLINA BYPASS PROJECT

LEVEL DETAILS DATE INITIAL

Version 1.0 Draft 2/5/2012 SM

Version 2.0 Final 25/5/2012 SM

Version 3.0 Revised Final 1/6/2012 SM




Consistency Assessment Author: Simon Murphy

Checker: Kristy Harvey

Approver:

Date: June 2012




INTRODUCTION 6

1.1 Project Name 6

1.2 Approval Date 6

1.3 Local Government Area 6

1.4 RMS Region 6

1.5 Background 6

THE APPROVED PROJECT 8

DESCRIPTION OF THE PROPOSED CHANGE 11

3.1 Description of the Proposed Change 11

3.2 Stakeholder Consultation 13

ASSESSMENT OF LEGISLATION 15

4.1 Ballina Local Environmental Plan 1987 15

4.2 North Coast Regional Environment Plan (REP), 1988 15

4.3 State Environmental Planning Policy – Infrastructure 2007 15

4.4 State Environmental Planning Policy 14 – Coastal Wetlands 16

4.5 Commonwealth Environmental Legislation 16

4.6 EIS Statutory Review 16

CONSISTENCY ASSESSMENT 18

5.0 Assessment of Proposed Changes to Design 18

Contents




5.2 Consistency Assessment 20

5.2 Additional or Amended Impacts 21

CONCLUSION 22

REFERENCES 23

CERTIFICATION 24

APPENDICES 25

Appendix A: Proposed P2T Design 25

Appendix B: SEPP 14 Disturbance Areas 26

Appendix C: P2T Environmental Assessment 27




LIST OF TABLES

Table 1: Summary of Proposed design modifications for the southern end of the BallinaBypass - Stage 1 ........................................................................................................................................... 12 Table 2: Summary of Proposed design modifications for the southern end of the BallinaBypass - Stage 2 ........................................................................................................................................... 13 Table 3: Summary of applicable environmental legislation ............................................................... 16 Table 4: Summary of Proposed design modifications for the southern end of the BallinaBypass - Stage 1 ........................................................................................................................................... 18 Table 5: Summary of Proposed design modifications for the southern end of the BallinaBypass - Stage 2 ........................................................................................................................................... 19 Table 6: Consistency Questions and Responses ............................................................................. 20

LIST OF FIGURES

Figure 1: Ballina Bypass Approval Process ....................................................................................... 9 Figure 2: Location of the Ballina Bypass .......................................................................................... 10




01 Introduction

1.1 Project Name

Pacific Highway Upgrade Ballina Bypass – proposed scope change to southern tie-in and Bruxner Highway arrangement.

1.2 Approval Date

22 May, 2003.

1.3 Local Government Area

Ballina Shire Local Government Area (LGA).

1.4 RMS Region

Pacific Highway Upgrading Program, Northern Region on behalf of the Pacific Highway Office.

1.5 Background The Commonwealth and NSW Governments have proposed to upgrade the Pacific Highway adjacent to the town of Ballina. The Ballina Bypass is a major project designed to improve the safety and increase capacity along the Pacific Highway. It forms part of the overall program for upgrading the Pacific Highway. The proposal is to construct a four lane dual carriageway road which extends from south of the intersection of the Bruxner and Pacific Highways, to the intersection with Ross Lane in the north.

The RMS prepared a concept design plan (the EIS concept design) for the Ballina Bypass. The environmental impacts of the Ballina Bypass were described and assessed in an Environmental Impact Statement (EIS) prepared by Connell Wagner Pty Ltd (1998). After exhibiting the EIS, the RMS finalised a Representations Report (RMS, 2001) and requested approval from the Minister for Planning to construct and operate the Bypass. The Minister for Planning granted approval for the Bypass in 2003.

The Environmental Planning and Assessment Act 1979 (EP&A Act) was amended in 2005 to incorporate a new Part 3A, which relates to major projects. Under Item 88(3) of Schedule 6 of the amended Act, the Minister for Planning’s approval of the Ballina Bypass is taken to be an approval under Part 3A (i.e. deemed), and as such, modifications to that approval are subject to Part 3A of the EP&A Act.

The Ballina Bypass will improve the efficiency of existing highway infrastructure by increasing capacity, reducing travel times and providing better safety outcomes. In particular, the Project will provide major safety improvements by separating low speed local traffic from high speed highway traffic, improving the Tintenbar Hill section of the existing highway, and eliminating the major bottleneck which occurs during holiday periods.




Following approval of the concept design of the Ballina Bypass, the Ballina Bypass Alliance (BBA) (on behalf of the RMS) has undertaken more detailed design and construction planning. As a result, the BBA have identified that changes to the southern tie-in with the existing Pacific and Bruxner Highway alignments can offer improved traffic management and safety during construction and operation. These changes are henceforth referred to as ‘proposed works’.

An assessment has been undertaken to compare the consistency of the proposed works against the Approved Project and the associated Ministers Conditions of Approval (MCoA).

Where the impacts of the proposed change are assessed as inconsistent with the Approved Project, an assessment of the identified environmental impacts will be prepared and a modification of the approved project sought.




02 The Approved Project

An EIS was prepared for the Ballina Bypass Project and publicly exhibited in early 1998. The EIS identified a range of environmental, social and planning issues associated with the Project and proposed measures to mitigate or manage those potential impacts.

In response to submissions made by the relevant Government agencies, community and other public stakeholders, a Representations Report was prepared in 2001.

The Representations Report incorporated:

• Additional or revised environmental impact assessments;

• Revised mitigation and management measures to address predicted environmental impacts; and

• A description of changes to the Project to address environmental issues and/or reduce environmental impacts, where necessary.

The Representations Report was submitted to the Minister for Planning for consideration in March 2002, and subsequently made publicly available.

On 22 May 2003, the Minister for Planning approved the Ballina Bypass under Division 4 of Part 5 of the EP&A Act. The Minister’s approval was subject to 85 conditions that stipulate the following:

• The scope of the approved project;

• Environmental management and mitigation measures for a range of environmental issues during construction and operation;

• Implementation of an environmental management system and the carrying out of environmental impact auditing;

• Public advertising and community consultation; and

• Dispute resolution and complaints management system.

In February 2008, the Minister for Planning approved proposed amendments to the wording of conditions 8, 11 and 85 in relation to complaints management, community engagement and the location of compound sites and concrete batching plants.

In August 2008, an application was made to the Minister for Planning to approve two modification reports, the Refined Design at the southern end of the Project and an earthworks site at the northern end of the Project. The Submissions Reports for these modifications were submitted to the Minister in October/November 2008.These modifications were subsequently approved.

Further modifications were also sought seeking amendments to working hours. These modifications (4 and 5) where approved on the 13 July 2010 and 29 October 2010 respectively and did not involve any design changes.

A Summary of the approval process is detailed in Figure 1.




Figure 1: Ballina Bypass Approval Process

The location of the Ballina Bypass is shown in Figure 2. The scope of the proposed design subject to this Consistency Assessment is detailed in Section 3. The proposed works relate to the Bruxner Highway Interchange and Pacific Highway tie-in works at the southern end of the Ballina Bypass.

EIS - Ballina Bypass Project(1998)

Rep Report - Ballina Bypass Project

(2001)

Ballina Bypass Project Approved

(May 2003)

Ballina Bypass Project Approval Conditions

Amended (Feb 2008)

Modification Report - Refined design

southern end of BBP

Modification Report - Earthworks site

northern end of BBP

Ballina Bypass Project modification Approved.

Approval Conditions Amended

(March 2009)

Submissions Report

(Oct /Nov 2008)


Amended (July 2010)


Amended (Oct 2010)

Application for modification to working hours

Application for modification to working hours




Figure 2: Location of the Ballina Bypass




03 Description of the Proposed Change

3.1 Description of the Proposed Change On 20thMarch 2009 the Minister for Planning approved a modification to the project which included changes to the design of the southern section of the Ballina Bypass in relation to the Bruxner Highway at-grade intersection, Emigrant Creek Crossing and Teven Road alignment.

Since the approval of this modification the ability to improve the safety and functionality of that approved design has been identified.

The modifications covered by this Consistency Assessment involve the amendment of the proposed design to the southern extent of the Ballina Bypass and includes the following elements;

• Reconfiguration of the north bound exit from the Pacific Highway to the Bruxner Highway;

• Relocation of the Bruxner Highway connection with the Pacific Highway to the Teven Road interchange via a new dedicated bridge across Emigrant Creek;

• Relocate the Pimlico Road connection to the Pacific Highway to suit the new Pacific Highway alignment however maintaining left-in, left-out and right-out movements;

• Extension of southbound carriageway, west of Pimlico Road to tie into the existing Pacific Highway at the southern end of the Project Approval area.

Tables 1 and 2 outline the proposed changes in relation to the approved project. Appendix A shows the approved project design and the proposed changes .It is noted that the approved design (Modification 2, 2008) was broken into 2 stages. Generally speaking, Stage 2 of the approved design involved the duplication of the Bruxner Highway, in particular the construction of a fourth bridge over ECS, and associated carriageway. The P2T design being assessed by this Consistency Assessment continues to stage out the future Bruxner duplication works in a similar manner.

The trigger for the duplication works for the Bruxner Highway will be traffic flow. Based on current levels, the need for the duplication of the Bruxner in this location may not be required for many years, possibly decades. Condition 18A of the MCoA states, ‘if construction of any part of the project has not commenced by 2016, environmental impact assessment for those elements shall be updated....’While this consistency assessment will cover the ultimate design, including the Bruxner duplications, it should be noted that Stage 2 works would necessarily be covered by additional environmental assessment when required in the future.




Table 1: Summary of Proposed design modifications for the southern end of the Ballina Bypass -Stage 1

SECTION APPROVED PROJECT (MOD 2, 2008) PROPOSED CHANGES

Southern tie-in to the existing Pacific Highway

• Tie-in to the existing Pacific Highway at the end of the northern end of Emigrant Creek South.

• Change in alignment to be more centred on the existing Pacific Highway.

• Tie to the existing Pacific Highway approximately 400m south-west of Pimlico Road Intersection.

• Southbound carriageway to be prepared to enable construction staging and traffic switch from existing Pacific Highway onto the Ballina Bypass.

Bruxner Highway Interchange • Separate the Bruxner Highway from the Upgrade through traffic.

• Removal of the overpass bridge. • No right turn from Bruxner Highway

eastbound to Pacific Highway southbound.

• No Change

• No Change • No Change

Bruxner Highway to Teven Road Interchange

• Existing Pacific Highway Bridge to be retained over Duck Creek.

• Existing Pacific Highway Bridge to be retained over Emigrant Creek South.

• Construction of one bridge over Emigrant Creek South for the 2-lane Bruxner Highway.

• Construction of a two-lane carriageway

for the Bruxner Highway, separated from the Pacific Highway.

• Use of the existing Pacific Highway as

the southbound carriageway. • Provision of an at-grade T-type

intersection for the intersection of the Bruxner Highway and Teven Road.

• Single bridge to be replaced with 2 new bridges for north and south bound traffic.

• Existing Pacific Highway bridge

over ECS to be replaced with new bridge.

• No Change • No Change • No Change • No Change

Teven Road Interchange • Two-lane Bruxner Highway curves to the north and connects with the Pacific Highway Upgrade at the Teven Road Interchange.

• Teven Road re-aligned to connect with the Bruxner Highway.

• Movement of Teven Road Interchange

to suit realignment of Teven Road.

• Slip lane for southbound traffic from Ballina intersects Smith Drive.

• The potential for the provision of an area suitable for service centre.

• New property access for the Ellis

Property.

• No Change • No Change

• No Change

• No Change

• No Change

• No Change




Table 2: Summary of Proposed design modifications for the southern end of the Ballina Bypass -Stage 2

SECTION APPROVED PROJECT (MOD 2, 2008) PROPOSED CHANGES


• Tie-in to the existing Pacific Highway at the end of the curve of the Pacific Highway (on the eastern?? side of Duck Creek).

• Construction of two bridges over Duck Creek (for the Bypass north and southbound carriageways).

• Construction of a left turn from the

Ballina Bypass to Pimlico Rd.

• No change.

• No change. Now part of Stage 1.

• Minor widening of left turn into Pimlico Road Now part of Stage 1.

Bruxner Highway Interchange • Converting the stage one re-aligned Bruxner Highway to a four-lane dual carriageway.

• Construction of a left turn from the Ballina Bypass northbound onto the Bruxner Highway westbound.

• No Change

• No Change. Now part of Stage 1.


• Existing Pacific Highway to be retained as a service road.

• Construction of three bridges over Emigrant Creek South (one for the new Bruxner Highway and two for the Bypass).

• Construction of a roundabout for the

intersection of the Bruxner Highway and Teven Road(intersection constructed during stage one).

• Construction of 1 new bridge over ECS and replacement of the existing Pacific Highway Bridge over ECS to become the south bound Pacific Highway carriageway. Service road no longer included. Now Part of Stage 1.

• See previous point.

• No Change

Teven Road Interchange • Bruxner Highway entry into the interchange altered to accommodate the four lane Bruxner Highway.

• No Change

It is also noted that the Pimlico Road realignment has now been included as part of the P2T works. The proposed Pimlico Road alignment was approved by the RMS on 8/7/2011 with environmental impacts having been considered in the Pimlico Road Realignment, Ballina, Review of Environmental Factors (GeoLINK, 2011).

The P2T works will trigger the need for Pimlico Road to be realigned as southbound Pacific Highway traffic wishing to enter Pimlico Road will need to move south to allow enough deceleration distance between the Pimlico Rd/Pacific Highway intersection and the Duck Creek Bridge. In order to coordinate the delivery of the P2T works and Pimlico Road it would be most efficient to incorporate them into a single approval for the purposes of environmental management.

3.2 Stakeholder Consultation BBA undertakes regular meetings with the Environmental Review Group (ERG). The ERG consists of representatives from various agencies including Ballina Shire Council, Department of Primary




Industries (DPI Fisheries), Office of Environment and Heritage (OEH), Department of Water and Energy (DWE), the RMS and the BBA. The purpose of these meetings is to discuss various elements of the Project including the works described in Section 3.1. At a meeting on the 23/2/2012 the ERG was presented with the proposed P2T design for comment and discussion. No specific questions or issues where raised in that meeting that required further discussion in this report.




04 Assessment of Legislation

4.1 Ballina Local Environmental Plan 1987 The proposed design changes are wholly within the existing project boundary with the exception of the extended tie in works at the southern end of the Bypass (and the realignment of Pimlico Road). In this location the proposed design traverses land with the following zones under the Ballina LEP:

• Zone 9(a) – Road (Main Road Proposed), and

• Zone 1(a2) rural (Coastal Land Agriculture).

The road construction works are consistent with the 9(a) zone. Development of 1(a2) zoned land for public works meets the objectives of this zone where impacts to agriculture are minimised. The proposed changes are therefore consistent with objectives of the Ballina LEP. As the project is a deemed Part 3A project RMS does not require consent from Ballina Shire Council for the works.

4.2 North Coast Regional Environment Plan (REP), 1988 Part 5 (Regional Infrastructure) Division 1 (Transport) Clause 52 of the North Coast REP sets out the objectives in relation to transport as follows:

(a) to safeguard the role and efficiency of the main road system of the region, particularly by recognising the importance of primary arterial roads; and

(b) to facilitate maintenance and improvement of transport in the region.

As the proposed works are for the purposes of the road construction, it would be consistent with Part 5 of the REP, Regional Infrastructure.

As the proposed works are partly located on agricultural land, Part 2 (Rural Development) Division 1 (Agricultural Resources) is also relevant. The primary objective within this division is to conserve agricultural land. The proposed works would occupy1ha the agricultural land, removing it from agricultural production.

However, as stated in Clause 4 of the North Coast REP, “Subject to section 74 (1) of the Act, in the event of any inconsistency between this plan and any other environmental planning instrument (other than a State Environmental Planning Policy) applying to the land to which this plan applies, this plan shall, to the extent of the inconsistency, prevail.”

Since the proposed works would be operated for an infrastructure project the SEPP - Infrastructure applies and therefore RMS would not require consent from Ballina Shire Council for the proposed works.

4.3 State Environmental Planning Policy – Infrastructure 2007 The Infrastructure SEPP was gazetted in December 2007, and came into force on 1 January 2008. It restructures the way in which permissibility and approval authorities are determined for infrastructure projects and for projects where the proponent is a Government agency. The Infrastructure SEPP maintains construction of the Ballina Bypass by or on behalf of the RMS can be carried out without council consent. The Infrastructure SEPP does not provide for construction to be carried out without development consent within SEPP 14 wetlands. Refer to Section 4.2.3 for further discussion in relation to SEPP 14.




4.4 State Environmental Planning Policy 14 – Coastal Wetlands SEPP 14 provides protection for certain coastal wetlands and governs what may occur in SEPP 14 wetlands and provides that development consent is required from the local Council, in this case Ballina Shire Council, for any works. BBA currently has development approvals (DA 1990/61) for the construction of the bypass through the SEPP 14 wetland around Duck Creek and Emigrant Creek South. This approval allows for the clearing of up to 1.169ha of SEPP 14 wetlands to facilitate construction works .This area has been offset by RMS at a ratio of 1:10, and offsets are controlled by an Integrated Wetlands Management Plan (IWMP) and Compensatory Habitat Agreement (CHA). These have been prepared as requirements under the DA approval and have been signed off by Ballina Shire Council and relevant government agencies.

Taking into account the area of SEPP 14 wetland required to accommodate the proposed bridges and their construction, approximately 1.165ha of SEPP 14 wetlands would be affected by the design changes. This is below the amount of clearing allowed under the existing DA. No further amendment to DA 1990/61 the IWMP or CHA are necessary for the new design.

Refer to Appendix B.

4.5 Commonwealth Environmental Legislation No Commonwealth legislation, such as the Environmental Protection (Impact of Proposals) Act 1974, was considered in the EIS for the Ballina Bypass. This piece of legislation was repealed in 1999. The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was then gazetted after the EIS was placed on exhibition.

The EPBC Act requires Ministerial approval for any actions which have, would or are likely to have significant impact on one or more Matters of National Environmental Significance (NES Matters) or on Commonwealth land. Those matters are World Heritage listed properties; Ramsar Wetlands of international importance; nationally listed threatened species and communities; migratory species protected under international agreements; nuclear actions; the Commonwealth marine environment (generally outside three nautical miles from the coast); and any additional matters specified by regulation.

The Ballina Bypass Representations Report prepared in December 2001, considered the EPBC Act and determined that the Ballina Bypass Project would not have a significant impact on any NES Matters or Commonwealth land.

Species and populations of threatened flora and fauna that are listed under the EPBC Act have been considered in relation to the impacts from the Approved design. Further assessment of the impacts of the proposed design, where it impacts vegetation untouched by the approved design is yet to be undertaken.

4.6 EIS Statutory Review The EIS and the Representations Report considered a number of pieces of legislation. Table 3 identifies the legislation considered and whether the proposed change has the potential to affect the Project. Table 3also shows whether the legislation is relevant to the Ballina Bypass as a deemed Part 3A Project.

Table 3: Summary of applicable environmental legislation

LEGISLATION CHANGES TO LEGISLATION CHANGES TO REQUIREMENTS / RELEVANCE TO CHANGES

RELEVANT (YES / NO)

Clean Waters Act 1970

Repealed – relevant clauses included in the Protection of the

Environment Operations Act, 1997.

Nil No

Contamination Land Management Act 1997 Nil Nil Yes




LEGISLATION CHANGES TO LEGISLATION CHANGES TO REQUIREMENTS / RELEVANCE TO CHANGES

RELEVANT (YES / NO)

Environmentally Hazardous Chemicals Act 1985 Nil Nil Yes

Environmental Planning and Assessment Act 1979 (EP&A

Act) Part 3A has been repealed.

Projects with existing part 3A approvals can seek modifications of their approval through the transitional arrangements. The existing approval under Part 3A will continue to apply to the proposed design where it is consistent. Additional approvals may be required where inconsistencies occur.

Yes

Environmental Planning and Assessment Regulation

2000 Nil Nil No

Dangerous Goods Act 1975 Nil Nil Yes

Fisheries Management Act 1994 Nil Nil Yes

Forestry Act 1994 Nil N/A No

Heritage Act 1977 Nil Nil Yes

National Parks and Wildlife Act 1974 Nil Nil Yes

Native Vegetation Act 2003 Replaced the Native Vegetation Conservation Act 1997

Permit not required for projects assessment under Part 5 or 3A of the EP&A Act.

No

Native Vegetation Conservation Act 1997 Repealed. Nil No

Noxious Weeds Act 1993 Nil Nil Yes

Pesticides Act 1999 Nil

Requirement to record details of pesticide application including weather conditions preceding and during use Must read or have read label requirements Must use pesticides registered for the applicable use

Yes

Protection of the Environment Operations Act

1997

Incorporation of clauses from repealed Acts relating to water,

noise and air pollution.

The existing EPL 12910 has been used by BBA. The P2T contractor

would need to review the need for an EPL.

Yes

Rural Fires Act 1997 Nil Nil No

Soil Conservation Act 1938 Nil Nil Yes

Threatened Species Conservation Act 1995

8 part test has been replaced with the 7 part test of

significance. Additional threatened species, populations and endangered

ecological communities (EECs) listed since the EIS.

Would need to undertake assessment in terms of recently listed threatened species, and/or EECs impacted since the EIS/ was prepared. Identify any new impacts to the EIS in terms of threatened flora, fauna and EEC. If necessary develop additional mitigation measures.

Yes

Water Act 1912 Nil Nil Yes

Water Management Act 2000

Will replace Water Act 1912 once a Water Management Plan for

the area is approved by the Minister.

Recent changes to licence requirements Yes




05 Consistency Assessment

5.0 Assessment of Proposed Changes to Design A summary of the proposed design changes as they relate to the approved design, and assessed environmental impacts, can be found in Tables 4 and 5.

Table 4: Summary of Proposed design modifications for the southern end of the Ballina Bypass -Stage 1 SECTION/LOCATION

WITHIN APPROVED

ALIGNMENT?

CHANGES TO DESIGN AND ENVIRONMENTAL IMPACT

CONSISTENCY WITH MINISTER’S APPROVAL


No. Extends beyond approved southern chainage.

• Tie-in to the existing Pacific Highway at the end of the northern end of Emigrant Creek South.

• Change in alignment to be more centred on the

existing Pacific Highway.

• Tie to the existing Pacific Highway approximately 400m south west of Pimlico Road.

• Southbound carriageway to be prepared to enable construction staging and traffic switch from existing Pacific Highway onto the Ballina Bypass.

Bruxner Highway Interchange

Yes • Separate the Bruxner Highway from the Upgrade through traffic.

• Removal of the overpass bridge. • No right turn from Bruxner Highway eastbound

to Pacific Highway southbound.

• Consistent

• Consistent • Consistent


Yes • Existing Pacific Highway Bridge to be retained over Duck Creek.

• Existing Pacific Highway Bridge to be retained

over Emigrant Creek South.

• Construction of one bridge over Emigrant Creek South for the 2-lane Bruxner Highway.

• Construction of a two-lane carriageway for the

Bruxner Highway, separated from the Pacific Highway.

• Use of the existing Pacific Highway as the

southbound carriageway. • Provision of an at-grade T-type intersection for

the intersection of the Bruxner Highway and Teven Road.

• Existing Pacific Highway Bridge will be replaced with a new bridge. Considered consistent.

• Consistent • Consistent • Consistent • Consistent • Consistent




SECTION/LOCATION

WITHIN APPROVED

ALIGNMENT?


CONSISTENCY WITH MINISTER’S APPROVAL

Teven Road Interchange

Yes • Two-lane Bruxner Highway curves to the north and connects with the Pacific Highway Upgrade at the Teven Road Interchange.

• Teven Road re-aligned to connect with the Bruxner Highway.

• Movement of Teven Road Interchange to suit

realignment of Teven Road.

• Slip lane for southbound traffic from Ballina intersects Smith Drive.

• The potential for the provision of an area suitable for service centre.

• New property access for the Ellis Property.

• Consistent • Consistent

• Consistent

• Consistent

• Consistent

Table 5: Summary of Proposed design modifications for the southern end of the Ballina Bypass -Stage 2 SECTION / LOCATION

WITHIN APPROVED

ALIGNMENT?


INCONSISTENT WITH MINISTERS APPROVAL


No. Extends past southernmost point of approved works.

• Tie-in to the existing Pacific Highway at the end of the curve of the Pacific Highway (on the eastern side of Duck Creek).

• Construction of two bridges over Duck Creek (for the Bypass north and southbound carriageways).

• Construction of a left turn from the Ballina

Bypass

• Tie to the existing Pacific Highway approximately 400m south west of Pimlico Road, and approx 300m further south than the approved design .Removal of service road.

• Consistent. Now part of Stage 1.

• Minor widening of left turn into Pimlico Road as part of Stage 1.

Bruxner Highway Interchange

Yes • Converting the stage one re-aligned Bruxner Highway to a four-lane dual carriageway.

• Construction of a left turn from the Ballina Bypass northbound onto the Bruxner Highway westbound.

• Consistent

• Consistent. Now part of Stage 1.


Yes • Existing Pacific Highway to be retained as a service road.

• Construction of three bridges over Emigrant Creek South (two for the new Bruxner Highway and one for the Bypass).

• Construction of a round-about for the

intersection of the Bruxner Highway and Teven Road(intersection constructed during stage

• Construction of 1 new bridge over ECS and replacement of the existing Pacific Highway Bridge over ECS to become the south bound Pacific Highway crossing. Now part of Stage 1.

• See previous point.

• No Change




SECTION / LOCATION

WITHIN APPROVED

ALIGNMENT?


INCONSISTENT WITH MINISTERS APPROVAL

one). Teven Road Interchange

Yes. • Bruxner Highway entry into the interchange altered to accommodate the four lane Bruxner Highway.

• No Change

5.2 Consistency Assessment The consistency assessment has been undertaken in accordance with the RMS’s Environmental Impact Assessment Policy, Guidelines and Procedures (2004), specifically Appendix O of that guideline, which details five questions that must be addressed to decide whether the proposed changes are consistent with the Minister for Planning’s approval. These questions are presented in Table 6.

Table 6: Consistency Questions and Responses

NO. CONSISTENCY CRITERIA INCONSISTENT WITH MCOA?

CONSISTENCY WITH CONDITIONS OTHER THAN BALLINA BYPASS MCoA 1*

1

Would the introduction of the proposed change, either by itself or in association with any other change, result in any Condition of Approval (other than Condition of Approval 1) not being met? No

The proposed southern tie-in works are considered to be consistent with the MCoA.

CONSISTENCY WITH CONDITION OF APPROVAL 1

2

Do the proposed changes, considered together, result in a radical change to the approved Project as a whole?

No The proposed southern tie-in works would not result in a radical change to the approved

Project as a whole. The proposed design does not represent a radical change from the design outcomes as approved.

3

Do the proposed changes, considered together, result in a substantive change to the objectives and functions of the approved project as a whole?

No

The proposed southern tie-in works would not result in a substantive change to the objectives and functions of the Project. The objectives of the construction of a road bypass of the town of Ballina to reduce accidents, travel times, transport costs and others would still be achieved.

4

Do any single proposed change considered separately (or, as relevant, in association with any other proposed change) result in a substantive change to the objectives and functions of that element of the approved Project which is to be modified, and in doing so, does not help to better satisfy any other CoA?

No The proposed southern tie-in works would not result in a substantiative change to the Project. Proposed changes are aimed at providing a safe, more functional left-in to the Bruxner and tie-in works with the existing Pacific Highway that will allow for the future connections of upgrades to the Pacific Highway, south of the current approval footprint.

5

Does any single proposed change result in any change in impact of such nature or scale (including impact on different people to those who were affected by the approved Project) that it would be unreasonable not to make public?

No

The extension of the dual carriage way will trigger the need for the Pimlico Road realignment to now be incorporated into this project. Local traffic flow and property access will continue to be maintained during and after the works. It is not considered necessary to undergo public consultation for these works.

*Condition of Approval 1, as modified, states:

“The project shall be carried out consistent with:

a) the proposal contained in the Environmental Impact Statement (EIS ‘Pacific Highway Ballina Bypass’ prepared for the Roads and Traffic Authority (RMS) by Connell Wagner and dated February 1998 and the Representations Report ‘Pacific Highway Ballina




Bypass’ prepared by RMS Environmental Technology for the RMS and dated December 2001;

b) all identified procedures, safeguards and mitigation measures identified in the EIS and Representations Report;

c) the Director-General’s Report;

d) the RMS’s modification request dated 18 January 2008 (08_0019 MOD 1);

e) the RMS’s modification request and assessment information dated 25 August 2008 and 9 December 2008 supplemented by correspondence the RMS provided between 28 August 2008 and 8 January 2009 for the Ross Lane Earthworks (08_0019 MOD 3);

f) the RMS’s modification request dated 25 August 2008 and Environmental Assessment (‘Modification of the Ballina Bypass Environmental Assessment Report’ (August 2008)), supplemented by correspondence the RMS provided between 18 February and 24 February 2009 for the design modifications between the Bruxner Highway Interchange and the Teven Road Interchange (08_0019 MOD 2);

g) the RMS’s modification request dated 17 June 2010 and assessment information supplemented by correspondence the RMS provided on 18 June 2010 for extension of construction hours on Saturdays between the hours of 7am and 4pm within the area defined as SP1 (08_0019 MOD 4);

h) the RMS’s modification request and assessment information dated 1 October 2010 to correct a minor error in approved chainages to allow an extension of construction hours on Saturdays between the hours of 7am and 4pm within the area defined as SP1 (08_0019 MOD 5); and

i) the Conditions of this Approval.

In the event of an inconsistency between the conditions of this approval and any document listed from condition 1(a) to 1(h) inclusive, the conditions of this approval shall prevail to the extent of the inconsistency. In the event of an inconsistency between any documents listed from condition 1(a) to 1(h) inclusive, the most recent document shall prevail to the extent of the inconsistency.

These conditions do not relieve the Proponent of the obligation to obtain all other approvals and licences from all relevant authorities required under any other Act. Without affecting the generality of the foregoing, the Proponent shall comply with the terms and conditions of such approvals and licences.

It shall be the ultimate responsibility of the RMS to ensure compliance with all conditions of approval granted by the Minister.

5.2 Additional or Amended Impacts Despite not being inconsistent with the consistency test from Appendix O of RMS’s Environmental Impact Assessment Policy, Guidelines and Procedures, a number of the proposed design elements will occur outside the existing project boundary or will incur additional environmental impacts to those already approved. These are described as being:

• Proposed Pimlico Road alignment – resulting in the clearing of an additional 4017m2 through sugar cane field;

• Proposed ground treatment works at the existing Pimlico Rd / Pacific Highway intersection – resulting in the clearing of an additional 395m2 primarily through sugar cane field; and

• Proposed ground treatment works on the northern side of the Pacific Highway, opposite the existing Pimlico Rd / Pacific Highway intersection – resulting in the clearing of an additional 202m2 through former sugar cane field.

A plan detailing these areas in the context of these additional areas of impact, as detailed in Appendix A, will require assessment through the preparation of a separate Environmental Assessment, to be reviewed and approved by RMS prior to any works in these areas. Appendix B.




06 Conclusion

This Consistency Assessment has determined that the construction and operation of the proposed southern P2T tie-in works and realignment of the Bruxner Highway and its connection with the Pacific Highway is generally considered to be consistent with the objectives and functions of the Ballina Bypass Project, as approved by the Minister of Planning. However there are differing environmental impacts due to the new alignment and required geotechnical ground treatment works resulting in a modified footprint to that approved.

An Environmental Assessment was therefore required to assess the environmental impacts of those elements that were not assessed as part of the original EIS or 2008 Modified design, including:

• The proposed Pimlico Road alignment;

• The proposed ground treatment works at the existing Pimlico Rd / Pacific Highway intersection; and

• The proposed ground treatment works on the northern side of the Pacific Highway, opposite the existing Pimlico Rd / Pacific Highway intersection.

As shown in Appendix A.

These components were assessed through the preparation of an additional Environmental Assessment for approval by RMS. Refer Appendix C. This Environmental Assessment concluded that there would not be any additional significant environmental impacts.




06 References

Ballina Shire Council LEP 1987 (as amended).

Connell Wagner 1998, Ballina Bypass Environmental Impact Statement, report prepared for the RMS.

Department of Planning 2003, Minister’s Conditions of Approval: Ballina Bypass.

RMS 2004, Environmental Impact Assessment Policy, Guidelines and Procedures, Version 4.

RMS 2008, Modification of the Ballina bypass Environmental Assessment Report, Version 1.3.

RMS 2011, Pimlico Road Review of Environmental Factors.

RMS 2001, Representations Report: Pacific Highway Ballina Bypass.




07 Certification

(Preparer of Report): This Consistency Report provides a true and fair review of the proposed change to the Ballina Bypass in relation to its consistency with the approval of the Minister for Planning.

Name: Simon Murphy

Signed:

Designation: Environmental Approvals Officer

Date: 1 June 2012

(RMS Project Manager): I have examined this Consistency Report and the certification by Simon Murphy and accept the Consistency Report on behalf of the RMS.

Name: Greg Nash

Signed:

Designation:

Date:




08 Appendices

Appendix A: Proposed P2T Design

AT

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1.4 23

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1.1 13

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1.2 21

1 .01 1

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1001 00

EM

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(SO

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DOJOOACCESS

TOTAL AREA OF WORKSOUTSIDE PROJECTBOUNDARY = 4017m

GROUND TREATMENT WORKSBY BBA WILL BE UNDERTAKENFROM STN 460(MC30)



NOT FOR CONSTRUCTION

120501_P2T_GROUND_TREATMENT_WORKSP2T PIMLICO ROAD TO TEVEN ROAD

GROUND TREATMENT WORKS025 50 100

SCALE 1:5000

LEGENDAPPROVED PROJECT BOUNDARY(BASED ON 2008 MOD 2 EA)

CADASTRAL BOUNDARY

PROPOSED P2T DESIGN 2012

SEPP 14

FOUNDATION TREATMENT

BBA TREATMENT WORKS

P2T TREATMENT WORKS

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7

1

.5

8

2

100100

A

P

P

R

O

V

E

D

E

I

S

C

O

N

C

E

P

T

D

E

S

I

G

N

E

X

T

E

N

T

-

B

B

A

M

C

1

0

1

2

3

1

1

6

EM

IG

RA

NT

C

RE

EK

(S

OU

TH

)

DOJOO

ACCESS

DU

CK

C

RE

EK

i


120502-P2T-APPROVED_ROAD_DESIGNS_[ID]P2T PIMLICO ROAD TO TEVEN ROAD

2012 AND 2008 DESIGNS025 50 100

SCALE 1:5000

LEGEND

CADASTRAL BOUNDARY

P2T DESIGN 2012

APPROVED RMS DESIGN 2008




Appendix B: SEPP 14 Disturbance Areas

1

.0

6

4

1

.2

4

2

1

.1

9

8

1

.7

8

4

0

.9

0

8

1

.5

4

5

1

.8

0

1

1

.4

0

2

1

.3

6

9

1

.2

7

3

0

.8

3

8

0

.7

9

3

0

.7

6

3

0

.6

2

3

0

.8

1

4

0

.6

8

0

0

.7

2

4

0

.7

7

6

1

.1

0

7

1

.0

5

2

1

.1

5

7

0

.5

7

3

1

.1

7

1

1

.3

1

9

0

.5

8

2

0

.7

1

2

0

.7

0

6

0

.6

5

3

0

.6

9

8

0

.7

2

5

1

.3

7

4

1

.6

8

7

1

.7

7

2

1

.1

3

3

1

.1

9

2

1

.2

4

3

1

.2

6

1

1

.7

9

1

1

.7

3

9

1

.4

2

3

1

.0

9

6

1

.1

1

3

1

.3

0

7

1

.2

2

1

1

.0

1

1

1

.1

3

2

1

.3

1

4

1

.3

8

7

1

.7

0

7

2

.4

1

9

1

.2

9

6

1

.4

9

6

2

.5

7

4

2

.7

0

8

2

.8

0

5

1

.7

7

5

1

.5

8

0

1

.7

9

2

1

.7

3

2

0

.4

3

0

3

.3

1

3

3

.5

3

7

3

.5

5

4

3

.5

7

1

2

.5

0

0

2

.5

2

4

.

1

.4

6

1

1

.6

9

8

1

.4

6

9

1

.4

6

6

1

.5

6

0

1

.8

5

7

2

.3

3

1

1

.8

4

3

2

.0

8

9

2

.4

2

3

2

.1

4

4

1

.9

2

2

3

2

.5

2

.0

0

4

2

.5

4

1

2

.2

2

6

2

.1

9

6

1

.7

3

3

1

.0

6

4

1

.2

4

2

1

.1

9

8

1

.7

8

4

0

.9

0

8

1

.5

4

5

1

.8

0

1

1

.4

0

2

1

.3

6

9

1

.2

7

3

0

.8

3

8

0

.7

9

3

0

.7

6

3

0

.6

2

3

0

.8

1

4

0

.6

8

0

0

.7

2

4

0

.7

7

6

1

.1

0

7

1

.0

5

2

1

.1

5

7

0

.5

7

3

1

.1

7

1

1

.3

1

9

0

.5

8

2

0

.7

1

2

0

.7

0

6

0

.6

5

3

0

.6

9

8

0

.7

2

5

1

.3

7

4

1

.6

8

7

1

.7

7

2

1

.1

3

3

1

.1

9

2

1

.2

4

3

1

.2

6

1

1

.7

9

1

1

.7

3

9

1

.4

2

3

1

.0

9

6

1

.1

1

3

1

.3

0

7

1

.2

2

1

1

.0

1

1

1

.1

3

2

1

.3

1

4

1

.3

8

7

1

.7

0

7

2

.4

1

9

1

.2

9

6

1

.4

9

6

2

.5

7

4

2

.7

0

8

2

.8

0

5

1

.7

7

5

1

.5

8

0

1

.7

9

2

1

.7

3

2

0

.4

3

0

3

.3

1

3

3

.5

3

7

3

.5

5

4

3

.5

7

1

2

.5

0

0

2

.5

2

4

.

1

.4

6

1

1

.6

9

8

1

.4

6

9

1

.4

6

6

1

.5

6

0

1

.8

5

7

2

.3

3

1

1

.8

4

3

2

.0

8

9

2

.4

2

3

2

.1

4

4

1

.9

2

2

3

2

.5

2

.0

0

4

2

.5

4

1

2

.2

2

6

2

.1

9

6

1

.7

3

3

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

S

-0

.0

1

0

-0

.0

4

6

IN

IN

T

C

O

F

C

O

F

C

O

F

C

O

F

C

O

F

C

O

F

C

O

F

C

8

0

123500

123600

123700

123800

123482.106

123562.106

123764.437

123500

123600

123700

123800

123480.102

123556.716

123568.271

123761.134

0

1

0

0

2

0

0

0.000

40.000

1

7

2

.

0

3

5

EXISTING BOTTOM ASH

E

P

E

P

E

P

T

C


120522-BBA-P2T_EIS_BDRY_AREA_SHT_1_[ID]IMPACT ON SEPP14 WETLANDS

PLAN 1

SEPP 14 WETLANDS

FUTURE BRUXNER HIGHWAY NORTHBOUND

ADDITIONAL AREA OF IMPACT ON

SEPP14 WETLANDS 1.165Ha

PROPOSED PIMLICO TO TEVEN DESIGN

05 10 20

SCALE 1:1000

0

.9

0

8

0

.9

3

3

0

.9

3

3

-1

.2

4

6

-4

.0

0

5

-4

.9

2

8

-3

.9

0

3

-3

.1

3

4

-4

.2

3

1

-4

.1

3

5

-3

.1

2

9

-3

.4

3

8

-4

.1

6

9

-1

.6

2

8

-4

.6

4

9

-1

.3

2

7

-1

.4

6

9

-1

.0

4

4

-0

.6

8

1

-1

.0

7

3

-3

.6

7

7

-4

.8

8

6

-3

.5

9

8

-2

.1

5

5

-2

.0

0

9

-3

.5

9

0

-4

.6

5

5

3

.1

7

9

3

.3

3

8

2

.8

7

3

2

.3

4

3

2

.3

3

9

2

.1

6

9

2

.1

9

4

2

.0

7

4

2

.6

6

0

3

.6

2

93

.8

4

3

4

.2

6

4

4

.3

0

5

2

.6

8

8

2

.6

8

2

4

.6

7

3

4

.6

3

7

4

.5

7

4

4

.6

2

8

4

.7

3

8

4

.7

8

9

1

.0

9

2

0

.9

0

9

1

.1

0

3

1

.6

7

9

2

.2

6

8

1

.4

6

3

0

.9

7

7

0

.8

7

9

0

.9

9

3

0

.9

1

2

0

.4

7

7

0

.4

6

8

0

.6

4

0

0

.8

0

4

0

.6

8

6

1

.1

5

2

0

.9

0

7

1

.5

2

4

2

.2

3

6

4

.8

4

4

4

.7

6

7

4

.5

8

1

4

.4

1

8

4

.4

4

8

4

.5

1

3

2

.2

7

9

2

.7

2

5

1

.7

7

7

1

.9

5

0

2

.4

1

9

4

.2

1

9

4

.1

2

5

2

.8

6

5

2

.9

6

6

4

4

9

5

1

.8

6

0

2

.4

0

4

4

.6

3

9

4

.7

3

6

4

.7

7

1

4

.6

6

4

4

.0

0

5

1

.8

3

7

1

.2

1

5

1

.2

0

2

1

.1

6

8

1

.2

5

4

1

.2

4

4

1

.3

4

1

1

.3

8

7

1

.4

9

7

1

.4

1

6

1

.2

4

8

1

.6

7

9

1

.7

8

8

1

.7

3

7

1

.8

5

6

1

.8

7

6

1

.9

7

6

1

.9

5

1

1

.9

8

1

1

.7

6

0

1

.6

8

0

1

.6

4

8

1

.7

2

6

1

.7

5

7

4

3

6

.4

3

3

0

.9

0

8

0

.9

3

3

0

.9

3

3

-1

.2

4

6

-4

.0

0

5

-4

.9

2

8

-3

.9

0

3

-3

.1

3

4

-4

.2

3

1

-4

.1

3

5

-3

.1

2

9

-3

.4

3

8

-4

.1

6

9

-1

.6

2

8

-4

.6

4

9

-1

.3

2

7

-1

.4

6

9

-1

.0

4

4

-0

.6

8

1

-1

.0

7

3

-3

.6

7

7

-4

.8

8

6

-3

.5

9

8

-2

.1

5

5

-2

.0

0

9

-3

.5

9

0

-4

.6

5

5

3

.1

7

9

3

.3

3

8

2

.8

7

3

2

.3

4

3

2

.3

3

9

2

.1

6

9

2

.1

9

4

2

.0

7

4

2

.6

6

0

3

.6

2

93

.8

4

3

4

.2

6

4

4

.3

0

5

2

.6

8

8

2

.6

8

2

4

.6

7

3

4

.6

3

7

4

.5

7

4

4

.6

2

8

4

.7

3

8

4

.7

8

9

1

.0

9

2

0

.9

0

9

1

.1

0

3

1

.6

7

9

2

.2

6

8

1

.4

6

3

0

.9

7

7

0

.8

7

9

0

.9

9

3

0

.9

1

2

0

.4

7

7

0

.4

6

8

0

.6

4

0

0

.8

0

4

0

.6

8

6

1

.1

5

2

0

.9

0

7

1

.5

2

4

2

.2

3

6

4

.8

4

4

4

.7

6

7

4

.5

8

1

4

.4

1

8

4

.4

4

8

4

.5

1

3

2

.2

7

9

2

.7

2

5

1

.7

7

7

1

.9

5

0

2

.4

1

9

4

.2

1

9

4

.1

2

5

2

.8

6

5

2

.9

6

6

4

4

9

5

1

.8

6

0

2

.4

0

4

4

.6

3

9

4

.7

3

6

4

.7

7

1

4

.6

6

4

4

.0

0

5

1

.8

3

7

1

.2

1

5

1

.2

0

2

1

.1

6

8

1

.2

5

4

1

.2

4

4

1

.3

4

1

1

.3

8

7

1

.4

9

7

1

.4

1

6

1

.2

4

8

1

.6

7

9

1

.7

8

8

1

.7

3

7

1

.8

5

6

1

.8

7

6

1

.9

7

6

1

.9

5

1

1

.9

8

1

1

.7

6

0

1

.6

8

0

1

.6

4

8

1

.7

2

6

1

.7

5

7

4

3

6

.4

3

3

A

T

A

T

A

T

A

T

A

T

A

T

A

TA

T

A

T

A

T

A

T

A

T

A

T

A

T

A

T

A

T

A

T

A

T

A

T

A

T

B

C

B

C

B

C

B

C

B

C

B

C

B

C

B

C

B

C

B

C

B

CB

C

O

F

C

O

F

C

O

F

C

S

D

5

.0

6

6

S

D

4

.5

3

3

S

D

4

.1

7

1

S

D

3

.3

6

1

S

D

2

.7

5

4

S

D

2

.4

5

1

S

F

124000

124100

124200

124300

123960.922

124000

124100

124200

124300

123957.869

124296.133

124300

124300

124299.655

600

700

800

900

4

0

0

432.354

455.308

4

8

5

.

1

2

2

4

8

6

.

4

1

9

100

200

3

0

0

89.712

192.495

28

1.35

5

2

9

6

.

7

1

7

3

0

4

.

3

1

2

3

6

0

.3

0

2

3

6

3

.8

0

0

374.2

76

382.9

37

E

P

E

P

E

P

T

S

P



PLAN 2

SEPP 14 WETLANDS





05 10 20

SCALE 1:1000

0

.

6

6

9

0

.

6

7

0

0

.

9

6

0

0

.

7

9

3

0

.

6

6

9

0

.

6

7

0

0

.

9

6

0

0

.

7

9

3

S

S

S

S

S

S

S

S

S

S

S

S

T

C

T

C

7

0

1

0

0

2

0

0

300

7

0

.0

0

0

1

5

5

.9

2

2

278.692

300

4

0

0

4

0

0

.0

9

1

4

8

0

.0

0

0

0

100

0

.0

0

0

1

9

.0

1

2

44.075

300

4

0

0

5

0

0

6

0

0

2

6

6

.

6

9

5

2

7

7

.

1

5

2

2

9

9

.7

0

5

3

0

9

.5

8

4

3

5

6

.1

5

6

3

6

2

.0

1

5

3

8

0

.5

5

23

9

0

.

7

7

1

4

1

1

.

2

6

3

4

2

1

.6

4

1

6

2

4

.7

0

7

6

3

9

.

4

9

3

E

P

E

P

E

P

E

P



PLAN 3

SEPP 14 WETLANDS





05 10 20

SCALE 1:1000




Appendix C: P2T Environmental Assessment

consistency assessment pimlico to teven road … · south of the intersection of the bruxner and...

Documents