When Private TRZ2 Outperforms the State: How One Activation Exposes the Double Standard
Across Melbourne, the Department of Transport (DoT) owns and leases Transport Zone 2 (TRZ2) land for various commercial purposes — from leased contractor yards to temporary storage depots. Many of these sites are fenced, signed, and in active use.
At 7 Cullen Court, Spotswood, a privately owned TRZ2 parcel has been lawfully activated as a transport use — a professional, secure trailer hire yard. In doing so, it reveals a stark double standard in how TRZ2 is managed, presented, and justified.
A Tale of Two Activations
Across Melbourne, the Department of Transport (DoT) operates and leases TRZ2 land for commercial purposes. Examples of this can be seen at 641 Melbourne Road Spotswood and 1 Westgate Freeway Port Melbourne. Yet at 7 Cullen Court, Spotswood, a private TRZ2 parcel has been activated for a lawful transport purpose and publicly documented to a standard of transparency that many government-run equivalents simply do not match.
TRZ2 Purpose in Practice vs. Policy
The purpose of TRZ2 in the Victorian Planning Provisions is to “provide for the use and development of land that complements or is consistent with the transport system.” Most permitted uses are contingent on being “carried out by or on behalf of a relevant transport manager” or being “for a transport purpose.” The first clause is the gatekeeper — the second is the gateway.
Consent Gateway, Precisely Explained:
- Consent of the Head, Transport for Victoria is required when a person (other than a relevant transport manager) applies for a planning permit on TRZ2 land.
- If no permit application is lodged and a use is already a genuine transport purpose, the consent gateway is not triggered.
- At 7 Cullen Court, the site was activated directly for a transport purpose — so the consent trigger never fired.
From Overgrown Garden to Transport Hub
Before activation, the block was an overgrown, weed-filled garden — not a transport use within a transport zone.
After activation, it is:
- Secure: stainless steel retractable bollards, lockable points, and a stainless-steel TRZ2 private property sign.
- Compliant: purpose alignment documented with title/instrument history and FOI records.
- Transparent: a public compliance register with before-and-after photography and dated logs.
This activation didn’t merely meet TRZ2’s intent — it improved compliance relative to the previous state.
How the Private Standard Outshines the State
| Criteria | 7 Cullen Court | Typical DoT/Contractor TRZ2 Yard |
|---|---|---|
| Purpose clarity | Clearly signed, publicly documented transport purpose. | Often opaque to the public. |
| Stewardship & presentation | Clean, well‑maintained, secure. | Variable — some with weeds and ad‑hoc fencing. |
| Public transparency | Live compliance register & FOI records online. | Minimal public‑facing documentation. |
| Legal precision | Documented title history & consent trigger analysis. | Rarely published. |
| Community interface | Professional, safe, respectful of surroundings. | Variable. |
The result is uncomfortable for the Department: a private operator not only meets the zone’s purpose but does so more cleanly, visibly, and lawfully than many state-run equivalents.
Why This Matters
- TRZ2 can be lawfully activated by private owners without applying for a permit — provided the use is a genuine transport purpose.
- “Transport purpose” is broader than state infrastructure and includes private sector uses like depots, yards, hire facilities, and vehicle storage.
- Stewardship standards can be higher in private hands, especially where there is a transparent compliance culture.
- Policy messaging is often over‑generalised — the consent gateway is not universal and depends on an actual permit application.
A Living Precedent
7 Cullen Court is now a working example — a living precedent — that other private TRZ2 landowners can follow. With careful legal grounding, clear purpose alignment, and proactive compliance, activation can occur without triggering the consent process.
It also signals to policymakers that the public‑facing standard of TRZ2 stewardship can, and should, be higher — whether the land is in private or state hands.
In short: When the state sets the rules, and a private citizen plays by them better than the state does, it doesn’t just highlight an anomaly — it invites reform.