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Big Build Watch

Back Fences at Risk as North East Link Eyes Eight New Sites

Residents living beside one of Victoria’s largest-ever infrastructure projects say they were blindsided by a proposal to extend the North East Link construction boundary to eight separate sites along the Eastern Freeway corridor, with some boundary lines drawn as close as suburban back fences. The move has sparked a rapid counter-campaign from at least three local councils and hundreds of individual households who say the plan threatens homes, parkland, and community open space that was never meant to be touched.

What is actually being proposed? #

The North East Link Project — managed by the state government’s dedicated delivery authority, North East Link Program (NELP) — has applied to extend its prescribed project area at eight locations between Bulleen and Greensborough. The prescribed project area is the legal construction boundary within which NELP can carry out works, acquire land, and limit third-party access. Extending it, even temporarily, carries significant consequences for any property that falls inside the new line.

VCN understands the eight sites include a mix of residential interfaces, creek-side reserves, and existing parkland parcels. In several cases, sources close to affected residents say the proposed boundary extension would sit at, or immediately adjacent to, the rear property lines of private homes — meaning excavation equipment, noise, dust, and site access could operate within metres of back gardens. NELP has not publicly confirmed the precise measurements of each boundary, and VCN has sought clarification from the authority.

Why is this happening now? #

The North East Link is Victoria’s biggest-ever road project: a 6.5-kilometre mostly-underground freeway connection between the Eastern Freeway at Bulleen and the Ring Road near Greensborough, with a price tag the state government places at approximately $15.8 billion. Construction on the twin tolled tunnels began in earnest in 2022, and the project is scheduled to open to traffic in the late 2020s.

Major tunnelling projects routinely require surface works and staging areas that weren’t fully anticipated when the original boundaries were gazetted. It is understood NELP’s contractors have identified that additional surface space is needed at certain points along the corridor to manage spoil removal, utility relocations, and construction access. The authority has the power to seek boundary extensions through a statutory process overseen by the Minister for Planning, but that process involves a public notice period during which affected parties can formally object.

VCN understands that public notice periods for at least some of the eight sites have already opened or are imminent, and that councils were notified only shortly before the notices went public — a timeline that has drawn criticism from local government representatives who say meaningful community consultation was not offered before the proposal was formalised.

Who is affected, and what are they saying? #

The Eastern Freeway corridor runs through the municipalities of Boroondara, Manningham, Banyule, and Nillumbik. VCN has confirmed that at least three of those councils are preparing or have already lodged formal objections to elements of the boundary extension plan.

In public statements issued over recent days, council representatives have raised concerns about impacts on reserve land that provides flood mitigation, amenity, and habitat connectivity along the Yarra and Plenty river corridors. One council officer told a public meeting, VCN is informed, that some of the affected parcels were protected open space under local planning schemes and that the state’s use of project authority powers to override those protections raised serious questions about the long-term integrity of community green space.

For individual residents, the concerns are more immediate. Homeowners whose properties back onto the proposed new boundary lines have told local advocacy groups they are worried about structural impacts from vibration and excavation, loss of tree canopy buffers, and — critically — whether the boundary extension is a precursor to compulsory acquisition. NELP has stated publicly that boundary extensions do not automatically mean acquisition, but affected residents and their legal representatives argue that once a property is inside a prescribed project area, the practical and legal protections available to owners are significantly reduced.

What does NELP say? #

In a statement released to media this week, a NELP spokesperson said the boundary extensions were necessary to allow the project to be delivered safely and efficiently, and that the authority was committed to minimising impacts on nearby residents. The statement said NELP would engage directly with affected property owners and that any works within an extended boundary would be subject to the project’s existing environmental performance requirements, including noise and vibration limits set in the project’s Environment Effects Statement approval conditions.

The spokesperson also said that community information sessions would be scheduled for each of the eight sites, and that written submissions would be accepted during the statutory notice period. VCN has asked NELP to provide the specific opening and closing dates for each notice period, the precise extent of each proposed boundary change, and details of any independent assessment process. Those questions were outstanding at time of publication.

The governance question: who is watching the Big Build? #

Victoria’s suite of major infrastructure projects — grouped loosely under the Big Build banner and including the North East Link, Suburban Rail Loop, Level Crossing Removal Project, and others — has attracted sustained scrutiny from the state’s Auditor-General, the Parliamentary Public Accounts and Estimates Committee, and, intermittently, the Independent Broad-based Anti-corruption Commission (IBAC).

A recurring theme in that scrutiny has been the tension between the delivery speed required by government-set timelines and the adequacy of community consultation on project changes that affect private land and public open space. The Auditor-General’s 2023 review of Big Build governance noted that prescribed project area amendments had, in a number of instances, been progressed with notification periods shorter than those available for equivalent planning scheme amendments, giving affected parties less time to seek legal or planning advice.

Community legal centres operating along the Eastern Freeway corridor have told VCN they are anticipating a surge in inquiries from residents seeking advice about their rights during the current notice periods. VCN understands that at least one community legal service is considering running drop-in information sessions near the affected sites.

What can residents and councils actually do? #

Under the North East Link Project Act 2020, formal objections to a boundary extension must be lodged in writing within the statutory notice period. Councils can lodge objections in their own right, and individual property owners whose land falls within or immediately adjacent to the proposed extension area are also entitled to object.

Objections do not carry a guarantee of a public hearing, but the Minister for Planning is required to consider them before any extension is approved. Where the minister determines an extension has significant impacts, the matter can be referred for further independent assessment — though that mechanism has rarely been triggered in practice.

Residents who believe their property may be subject to compulsory acquisition — now or in the future — are advised to seek independent legal advice as early as possible. The Victorian Civil and Administrative Tribunal (VCAT) and the Land Compensation jurisdiction of the County Court of Victoria both have roles in resolving acquisition disputes, and early legal advice can significantly affect the outcome for affected owners.

Planning advocacy groups have also urged residents to engage with their local council planning departments and to attend any community information sessions NELP schedules — not because those sessions alter the formal decision-making process, but because they create a documented record of community concerns that can be referenced in subsequent objections or compensation proceedings.

What happens next? #

The statutory notice and objection process for the eight sites is expected to run across the coming weeks, with any ministerial decision following thereafter. VCN will continue to monitor and report on the process, including the outcomes of council objections and any independent assessment that may be triggered.

Residents seeking information about the North East Link boundary process can contact their local council’s planning department, visit the NELP community portal, or call the project information line. Those needing independent planning or legal assistance are encouraged to contact a community legal centre.

For general concerns about major project impacts on your home or community, the Planning and Environment section of Consumer Affairs Victoria also provides guidance on your rights.

Eliza Hartman

Eliza Hartman is the chief courts reporter for Victoria Crime News. She has spent more than a decade covering County Court trials, Supreme Court appeals and coronial inquests across Melbourne. She holds a Master of Journalism and writes about sentencing trends, criminal procedure, and public-interest litigation in Victoria.

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