By Clarke Towson – CEO, INTJ Billing / Spotswood Trailers
Date: July 29th 2025
Across Victoria, vast swathes of TRZ2-zoned land are in use every day — not for public transport infrastructure, but for commercial activities run or sanctioned by the Department of Transport itself.
These sites generate revenue, lease income, and often have no current transport project associated with them. They host car parks, storage yards, large format advertising signage, and contractor depots — often sub-leased to private enterprise.
If the Department of Transport can use TRZ2 land for income-generating commercial purposes without requiring a planning permit — then so can a private citizen, provided the use is transport-related and lawful.
This article outlines the double standard and asks the only question that matters:
Why should it be illegal for me — a private TRZ2 landowner — to do exactly what the Department of Transport is already doing across Victoria?
According to Clause 36.04 of the Victoria Planning Provisions, TRZ2 — Transport Zone 2 — is land “set aside for transport infrastructure” and managed by the Department of Transport.
However, nowhere in the VPP does it say:
In fact, under Section 6(3) of the Planning and Environment Act 1987 (Vic), any person — including a private landowner — can use land in accordance with the zone without needing a planning permit, so long as the use is lawful and transport-related.
Let’s look at some real-world examples of Department of Transport commercial uses of TRZ2 land:
Sites such as car parks, storage yards (like 641 Melbourne Rd which is directly adjacent to 7 Cullen Court Spotswood), 72-80 Haig Street, Southbank — TRZ2-zoned, proposed to be leased out for commercial parking. Customers will pay to use the site. The Department earns lease income. I might add - the Haig St site has all sorts of restrictive additional zoning not present at my mother's 7 Cullen Court TRZ2 zoned site. I know this because I submitted an FOI to The Department of Transport requesting the Haig St lease. The Department of Transport even leases TRZ2 zoned land to Crown Casino - convicted criminals. Here I am renting out trailers at cheap prices to hard working upstanding members of the local community whilst The Department of Transport makes money from a corporation involved in all sorts of dodgy dealings.
TRZ2 sites used for storage of roadwork equipment, signage trailers, and materials.
These are often subcontracted depots leased to contractors like John Holland with no active transport use.
Large format LED billboards installed on TRZ2 land beside freeways — mostly licensed to private companies like oOh media.
These generate substantial advertising revenue with zero transport relevance. Yet if I a private TRZ2 land owner were to start construction on a large format advertising sign overlooking the West Gate Freeway (which my mother's land is directly adjacent to remember) the authorities would scramble to try and stop me then their minds would be blown seeing (at present time due to the ultra vires zoning situation) that there is nothing they can do to make me stop work on the sign if I was crazy enough to actually do it.
In some cases, TRZ2 land is leased to private parties for non-specific storage, access rights, or even staging areas.
If a private citizen lawfully:
… then how can that be unlawful?
Meanwhile, the Department of Transport routinely earns income from TRZ2 sites without applying for permits or conducting public consultation.
The only difference? I’m not a government agency (but I am an ex public servant - do I get a partial credit?)
In a lawful society, planning regulations must be applied equally — whether the landholder is a Ministerial department or a private family.
TRZ2 is not a Crown-only zone. My mother's TRZ2 zoned land is privately owned. TRZ2 is a transport-use zone — and the law is clear:
If my use matches or exceeds the transport-relevance of the Department’s own sites, and if I do it more transparently and more safely — then I am not only entitled to use my mother's land this way — I am setting a model they should follow.
Let’s stop pretending the planning scheme only applies to citizens.
Let’s stop tolerating one rule for the state and another for private owners.
Let’s start acknowledging what I’ve proven at 7 Cullen Court:
That lawful TRZ2 activation by a private citizen is not just possible — it is consistent with the Department of Transport’s own practices.
If their use in using their TRZ2 zoned land for commercial purposes is legitimate, so is mine.