By Rachel Eddie
Plans to remove level crossings on the Melton train line have been dragged to court by developers, who are seeking to derail the design for a new bridge over the tracks in Melbourne’s outer north-west.
Labor promised during the 2022 election campaign to remove four level crossings from the Melton line and fast-tracked the works to wrap up in 2026, the year of the next state election.
The land on Ferris Road in Cobblebank is now the subject of court action.Credit: Justin McManus
But the three developer owners of a 40,000-square-metre lot beside Cobblebank station say they were not properly consulted and are seeking to renegotiate the design of a bridge that would raise Ferris Road over the V/Line tracks.
The court action could put pressure on the fast-tracked timeline for the project, though the Allan government insisted it remained on budget and ahead of schedule.
The Supreme Court motion, filed by Steve Brkic of Cobalt Law for Awesome Deer Park developers, wants to throw out Planning Minister Sonya Kilkenny’s decision to approve the consultation report and project. The Department of Transport and Planning was also listed as a respondent.
The owners had progressed the first stage of their plans to build a Hungry Jack’s fast-food outlet and 7-Eleven service station to the north of the train station, so it would form part of the Cobblebank activity centre.
The owners claim they were not consulted as required on the design of the new Ferris Road bridge, despite repeatedly raising concerns and asking for extensive concepts.
Court documents allege the owners were given detailed designs too late, and they realised the designs would throw their development into disarray only after Kilkenny signed off on the project.
“The planned use, and the value of the property, is affected by the proposed use and redevelopment to facilitate the project,” the owners’ originating motion says.
The Level Crossing Removal Project (LXRP) told the land owners in June “there might be some room to consider design changes to the side access” of their property, but that any redesign would only be entertained if the owners paid the costs of the works upfront, which the owners were willing to do.
An artist’s impression of the road bridge above the rail tracks at Ferris Road, Cobblebank.Credit: Level Crossing Removal Project
But the owners claim that in September, the authority rejected proposed solutions to modify the intersection.
“The plaintiff was acting in good faith with the LXRP to explore a solution to the concerns it had raised that, if accepted, would have avoided the need for litigation and the consequent expenditure of time and resources by it, the minister and the court,” the owners said.
Before Kilkenny’s decision, the owners said the information they had received “was so general and non-specific that it was not possible for the plaintiff to understand or anticipate how the use and development of land would impact on the amenity of the property, including the proposed use”.
“The LXRP’s provision of this material could not reasonably be regarded as satisfying the requirement for public consultation,” the court documents state.
“In light of the matters outlined above, the minister could not have been lawfully satisfied that public consultation has been undertaken in relation to the project for the purposes of [the Melton Planning Scheme].”
A directions hearing in the case is listed for next week.
A spokeswoman for Melton City Council said the council supported development that was consistent with the urban design framework to bring retail, commercial, residential and other facilities to the Cobblebank metropolitan activity centre.
A state government spokesman said two rounds of extensive community consultation had taken place before the final design of the bridge was released.
“We are removing four dangerous and congested level crossings in Melbourne’s west, and building a new Melton station by 2026 – with our entire program of works on budget and ahead of schedule,” he said.
The government said removing four level crossings on the Melton line would unclog roads for more than 73,000 drivers a day. There are currently waits of up to 28 minutes at boom gates during the morning peak, it said.
The three developers and the Department of Transport declined to comment.
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