Policy Reality Check – TRZ2 & Consent Requirements

1. The Short Version

The Department of Transport and Planning’s own published guidance confirms that consent from the Head, Transport for Victoria under Clause 36.04-3 is only required when a person applies for a planning permit on Transport Zone 1 or Transport Zone 2 land. That consent is purely procedural – it allows the permit application to be lodged and does not in itself authorise use or development.

Where lawful activation of a TRZ2-zoned site proceeds without the need for a planning permit – for example, under existing-use rights recognised by Clause 63 of the Victorian Planning Provisions and Section 6(3) of the Planning and Environment Act 1987 (Vic) – the Department’s consent gateway is never triggered. This is especially relevant where the TRZ2 zoning is anomalously applied to privately owned freehold land not forming part of the declared arterial road network under the Road Management Act 2004.

2. Consent Path vs. Our Activation Path

Comparison of the Department’s published TRZ2 consent process and our lawful non-permit activation path

Department’s Published TRZ2 Consent Path	Our Actual TRZ2 Activation Path
Trigger: Applies only if a person lodges a planning permit application on TRZ1 or TRZ2 land.	No trigger – no planning permit application lodged, so Clause 36.04-3 consent never arises.
Consent Gatekeeper: Head, Transport for Victoria must issue consent before the application can be lodged.	No gatekeeper step – lawful use commenced without entering the permit system.
Scope: TRZ2 assumed to be roads forming the principal road network under the Road Management Act 2004.	Anomalous zoning – privately owned freehold land, not part of the declared arterial road network.
Purpose of Consent: Procedural only – allows lodgement, but does not authorise use or development.	No lodgement required – use already lawful under Clause 63 and Section 6(3) P&E Act 1987.
Outcome if Consent Refused: Permit application cannot proceed.	No dependency on consent – activation continues lawfully without the consent pathway.
Leverage Point: Department can influence or block a permit by withholding consent.	No leverage point – process offers no enforcement handle in absence of a permit application.