VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
planning and environment LIST	vcat reference No. P1354/2024
Permit amendment Application no.PA2200515-1 	
CATCHWORDS	
Section 77 Planning and Environment Act 1987 (Vic); Horsham Planning Scheme; Service station; Amendment to permit; Acceleration lane.	

Applicant	Lorenzo Business Park Pty Ltd	

Responsible Authority	Horsham Rural City Council	
Referral Authority	Head, Transport for Victoria	

SUBJECT LAND	1 Western Highway
RIVERSIDE VIC 3401	

HEARING TYPE	Hearing	

DATEs OF HEARING	30 April 2025	

DATE OF ORDER	4 June 2025	

CITATION	Lorenzo Business Park Pty Ltd v Horsham Rural CC [2025] VCAT 482	
Order
1	In application P1354/2024 the decision of the responsible authority is affirmed.
2	Planning permit PA2200515 must not be amended.

Bill Sibonis
Senior Member		Kate Partenio
Member	

Appearances
For Lorenzo Business Park Pty Ltd	R O’Connor, lawyer, Hall & Wilcox.  Evidence was called from:
•	V Gnanakone, traffic engineer, One Mile Grid Pty Ltd
•	B Young, traffic engineer, Ratio Consultants Pty Ltd	
For Horsham Rural City Council	W Fisher, town planner, Fisher Planning Pty Ltd	
For Head, Transport for Victoria	K Kilpatrick, Manager Statutory Planning, Barwon South West Grampians, Department of Transport and Planning
B Anderson, Manager Movement and Safety, Barwon South West Grampians, Department of Transport and Planning	

Information
Description of proposal	Amendment to a permit for the use and development of a service station to delete conditions requiring the provision of an acceleration lane on the Western Highway.	
Nature of proceeding	Application under section 77 of the Planning and Environment Act 1987 (Vic) – to review the refusal to grant an amendment to a permit. 	
Planning scheme	Horsham Planning Scheme	
Zone and overlays	Farming Zone (‘FZ’)
Abuttal to a road in a Transport Zone 2 (‘TRZ2’)	
Permit requirements	Clause 71.03-2 and clause 35.07-1 (use land in FZ for a service station)
Clause 35.07-4 (construct a building or construct or carry out works associated with a use in Section 2 of Clause 35.07-1)
Clause 52.29 (create or alter access to a road in a Transport Zone 2)	
Relevant scheme policies and provisions	Clauses 18, 52.29 and 65	
Land description	The subject land is located on the northern side of the Western Highway, to the east of Horsham.  It is an irregular, vacant property with a 200.83 metre frontage, and an overall site area of approximately 40,520 square metres.	

  Reasons
What is this proceeding about?
1	On 7 May 2024, the Horsham Rural City Council (‘council’) issued a planning permit for the use and development of the subject land for a service station, a sign and to create or alter access to a road in a Transport 2 Zone.  The permit is subject to 32 conditions.  A total of six conditions were included as a requirement of the Head, Transport for Victoria (‘HTfV’), given the permit authorises access onto, and from, the Western Highway which is in a Transport Zone 2.
2	The conditions require the ingress to the subject land to be supported by the construction of left and right turn lanes into the property on the Western Highway and the egress by an acceleration lane to enable exiting passenger vehicles to merge with through traffic on the Western Highway at a speed no less than 20 km/h below the posted speed limit.
3	An application was made to council to amend the permit (‘permit amendment application’) by deleting a requirement of three of these six conditions relating to the provision of the acceleration lane on the Western Highway.  The conditions sought to be deleted are detailed in the Appendix to these reasons.
4	The permit amendment application was referred to HTfV.  HTfV objected to the amendment on the following grounds:
1.	The proposal is incompatible with the operation of the Western Highway and public safety.
2.	The proposal will result in unacceptable road safety outcomes.
5	On the basis of the submissions and evidence, the key issues for determination in this proceeding are:
•	whether the deletion of the acceleration lane will have an unacceptable impact on the operation and safety of the Western Highway, given its role in the Principal Freight Network (‘PFN’); and, in the alternative,
•	whether the provision of an acceleration lane will have an adverse impact on safety.
6	Having considered the submissions and evidence, with regard to the relevant policies and provisions of the Horsham Planning Scheme, we have determined to affirm council’s decision.
should the disputed conditions be deleted?
7	Policy for transport states planning should ensure a safe, integrated and sustainable transport system that, amongst others, facilitates network-wide efficient, co-ordinated and reliable movements of people and goods.  The objective of clause 18.01-1S, land use and transport integration, is to facilitate access to social, cultural and economic opportunities by effectively integrating land use and transport.  A related strategy is to plan and develop a transport system that facilitates network-wide efficiency and coordinated operation.
8	At clause 18.01-2S is policy for the transport system, with the objective being to facilitate the efficient, coordinated and reliable movement of people and goods by developing an integrated and efficient transport system.  A strategy is to plan and develop the State Transport System comprising, among others, the PFN – existing and future corridors and precincts where the movement of high volumes of freight are concentrated or of strategic value.
9	Clause 18.01-3S sets out policy for sustainable and safe transport, where the objective is to facilitate an environmentally sustainable transport system that is safe and supports health and wellbeing.  A strategy is to plan the transport system to be safe by prioritising transport safety when designing high-speed roads and intersections.
10	Policy for roads is detailed at clause 18.02-4S.  It has the objective to facilitate an efficient and safe road network that integrates all movement networks and makes best use of existing infrastructure.  A related strategy is to protect and develop the Principal Road Network to provide high mobility for through traffic and the efficient movement of freight by facilitating adequate movement capacity and speeds.  A further strategy is to plan and develop the road network to ensure people are safe on and around roads.
11	In respect of freight, the objective is to facilitate an efficient, coordinated, safe and sustainable freight and logistics system that enhances Victoria’s economic prosperity.
12	HTfV submitted that its primary objective is to:
… “coordinate, provide, operate and maintain the public transport system and the road system”, consistent with the vision statement and transport system objectives’
13	HTfV’s primary concern is the impact on the safety of the operation of the PFN and the road network, noting the objective of clause 18.02-5S to facilitate an efficient, co-ordinated, safe and sustainable freight and logistics system that enhances Victoria’s economic prosperity and liveability.  Reference was also made to the importance of the freight network identified in other documents, including Movement and Place in Victoria, and Delivering the Goods, creating Victorian Jobs: Victorian Freight Plan.
14	HTfV submitted that the acceleration lane was needed to ensure vehicles can safely enter the road network without impacting the efficiency of the PFN.
15	The applicant submitted that the acceleration lane may be desirable but needed to be justified based on need.
16	The applicant relied on the evidence of Mr Young and Mr Gnanakone.  Both experts referenced the warrants set out in section 3.3.5 of Austroads Guide to Traffic Management Part 6 (‘AGTM06’):
Acceleration lanes
There are no simple numerical warrants for the provision of acceleration lanes.  However, an auxiliary lane may be added on the departure side of a left-turn or right-turn lane if traffic is unable to join safely and/or efficiently with the adjacent through traffic flow by selecting a gap in the traffic stream.
Acceleration lanes may be provided at major intersections depending on traffic analysis.  However, they are usually provided only where:
•	insufficient gaps exist for vehicles to enter a traffic stream
•	turning volumes are high (e.g. 300 to 500 veh/hour)
•	the observation angle falls below the requirements of the minimum gap sight distance model (for example, inside of horizontal curves)
•	heavy vehicles pulling into the traffic stream would cause excessive slowing of major road vehicles.
Acceleration lanes should only be used where there is no demand for the turning drivers to weave over a relatively short distance across the carriageway once they leave the acceleration lane.
17	They gave evidence that the warrants are not met, noting:
•	turning movements being generated by the use are low
•	a gap analysis undertaken by Mr Young for existing conditions shows there are ample gaps in the traffic flow
•	the road is straight with no sight distance obstructions
•	the number of heavy vehicles being generated by the use are low and would not cause excess slowing of major road vehicles.
18	Reference was made to the Ararat Roadhouse, described as a similar facility, which does not have an acceleration lane.  Mr Gnanakone advised that video survey footage shows vehicles departing the site do not impact the flow of traffic on the highway.
19	Mr Gnanakone and Mr Young also raised concerns that the acceleration lane may, in fact, reduce safety as it introduces another conflict point on the highway and relies on drivers using their mirrors to merge safely.  They advised it is easier for drivers to judge the gap before they turn.
20	In addition, they noted the lane is too short for large trucks to accelerate to at least 80 km/h, resulting in trucks merging at a much lower speed.
21	Mr Gnanakone noted that the road safety audit, commissioned in 2023 for the planning permit application, did not identify the need for an acceleration lane.
22	HTfV advised that the permit conditions already contain a significant discount in the length of the acceleration lane being sought (910 metres, if designed for trucks to merge, to 235 metres).  The length proposed is suitable for cars, not trucks, to accelerate to a speed of 80 km/h before merging.  It considers the lane necessary to allow passenger vehicles and passenger vehicles towing trailers and caravans to safely move onto the road network.  It determined that the low volume of trucks generated by the site did not warrant the inclusion of the acceleration lane for trucks.
23	HTfV further submitted that, while the speed limit is reduced to 80 km/h west of the site, vehicles passing the site are travelling at 100 km/h and there is no proposal to reduce the speed limit.
24	In relation to the Ararat Roadhouse, HTfV argued that it is a long-established use and it is not reasonable to accept a design that is not optimal to current standards on the basis of that site.
25	As noted in AGTM06, the warrants are a guide only, not prescriptive.  It also does not give specific consideration to the safety and efficiency of the PFN.
26	We find significant weight must be given to the role of the Western Highway in the PFN and consequential need to ensure the efficiency and safety of the road network.  The volume of 22 – 30% heavy vehicles is well above what would be travelling on most arterial roads in the metropolitan areas and, as noted by HTfV, eastbound freight will generally be fully loaded heading to Melbourne markets.  This increased the potential severity if an incident occurs.
27	It is a fact that Ararat Roadhouse does not have an acceleration lane, and we accept that it appears to be operating satisfactorily.  However, we also accept that conditions since that use was permitted have changed with a greater level of protection now being sought for the PFN to ensure that its efficiency is not eroded.  We also note that the volume of traffic using the Ararat Roadhouse is lower than that anticipated at this site.
28	The gap analysis undertaken at the subject land by Mr Young was based on a single hour and made no allowance for traffic growth, which will reduce gaps over time, as well as the randomness of traffic flows.  It also did not consider the impact of vehicles turning right out of the site absorbing some of the gaps, nor vehicles slowing to turn into the site at the entry to the west.
29	We agree that, when there are sufficient gaps, drivers will be more likely to turn into the traffic lane rather than use the acceleration lane, however, the acceleration lane will become more used as gaps reduce.  The acceleration lane will also allow vehicles to move out of the way of other vehicles should they have misjudged the gap required, noting advice that the existing shoulder is narrow.
30	In terms of speed, we note that traffic is speeding up having left the Horsham township and is heading into open country.  While the 80 km/h speed zone ends just before the subject land, the speed data shows that cars passing the site have an 85th percentile speed of 106.8 km/h for eastbound traffic.  While some cars are travelling slower, this shows the acceleration occurring before the site exit, which can make it more difficult for entering traffic to accurately determine the required gap.
31	We are not persuaded that the acceleration lane will have an adverse impact on safety.  It will make the roadside more ‘forgiving’ by giving drivers the ability to use the lane to accelerate if they choose an insufficient gap for any reason, to reduce the impact.  It will also simply shift the conflict point for that vehicle.
32	We acknowledge that the required acceleration lane is well below both the standard length for a truck as well as below that for a car merging at 100 km/h.  We accept that this discount has been granted by the road authority on the basis of the acceptance of risk given the traffic volumes both generated by the proposed use and on the highway.
Conclusion
33	For the reasons given above, the decision of the responsible authority is affirmed.

Bill Sibonis
Senior Member		Kate Partenio
Member	

Appendix – permit conditions sought to be deleted
26.	[Prior to commencement of the buildings and/or works, amended plans must be submitted to and approved by the Head, Transport for Victoria. When approved by the Head, Transport for Victoria, the plans must be endorsed by the responsible authority and will then form part of the permit. The plans must be drawn to scale with dimensions and two copies must be provided. The plans must be generally in accordance with the plans date stamped 17 November 2023 but modified to show:]
…
(c)	An acceleration lane on Western Highway upon exit from the eastern access, to facilitate acceleration of a passenger vehicle to no less than 20km/h below the posted speed limit.
27.	[Prior to commencement of the buildings and/or works, the following roadworks on Western Highway must be completed at no cost to and to the satisfaction of the Head, Transport for Victoria]:
…
(c)	An acceleration lane on Western Highway upon exit from the eastern access, to facilitate acceleration of a passenger vehicle to no less than 20 km/h below the posted speed limit.
28.	[Prior to commencement of the buildings and/or works, a Functional Layout Plan must be submitted to and approved by the Head, Transport for Victoria. When approved by the Head, Transport for Victoria, the plans must be endorsed by the responsible authority and will then form part of the permit. The plans must be generally in accordance with the plans date stamped 17 November 2023 but modified to show]:
...
(c)	An acceleration lane on Western Highway upon exit from the eastern access, to facilitate acceleration of a passenger vehicle to no less than 20 km/h below the posted speed limit.