Why It's 100% Legal – TRZ2 Billboard Scenario

1. The Land Is Zoned TRZ2 – But It's Private

TRZ2 is intended for government-managed transport corridors.
This site is private freehold land — not Crown, VicRoads, or DoT-owned.
Zoning was mistakenly applied to land that doesn’t qualify for TRZ2.

2. No Ministerial Consent Exists

Clause 23 of the Ministerial Direction on Planning Schemes requires formal written consent from the Head of Transport for Victoria before TRZ2 can be applied.
Through FOI, it's confirmed: No such consent exists.
This renders the zoning ultra vires — legally invalid.

3. Council Has No Jurisdiction

Councils have no control over TRZ2-zoned land — it's outside their planning scheme responsibilities.
Since the TRZ2 zoning is unlawful, neither Council nor DoT has enforceable authority.

4. Section 6(3) Applies

Under Section 6(3) of the Planning and Environment Act 1987, existing lawful uses on land are protected even without permits, provided no new planning control is triggered.
The site is already activated with low-impact, reversible uses — including trailers, bollards, ramps, and native gardens — with no breach of the scheme.
A billboard would similarly be a lawful, low-impact structure under the same principle.

5. No Permit Required

TRZ2 does not prohibit signage on private land.
There are no overlays, restrictions, or referral authorities triggered for signage on the title.
No planning permit is needed — and no enforcement mechanism exists to stop it.

Legal Summary

The land is TRZ2-zoned by mistake, applied without consent, on privately owned land, with no statutory control or permit triggers. This creates a unique legal scenario where complete freedom of use exists under existing use rights. As absurd as it sounds, a freeway-facing billboard is arguably 100% legal.