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Council Report Agenda Item 5.1 COUNCIL REPORT 24 April 2007 CHILDREN RIDING IN PARKS REGULATION CHANGE REQUEST Committee Environment Presenter Cr Brindley Purpose 1. To propose an amendment to the existing regulatory arrangements that would allow families with children under the age of 12 years, to cycle in and through the Carlton, Fitzroy and Treasury Gardens. Recommendation 2. That Council as Joint Trustee and Committee of Management of the Carlton and Fitzroy Gardens and Committee of Management of the Treasury Gardens: 2.1. endorse allowing families with children under the age of 12 years, to cycle in and through the Carlton, Fitzroy and Treasury Gardens on a permanent basis; 2.2. note implementation will require amendments to the Melbourne Parks and Gardens (Joint Trustee Reserves) Regulations 1994 and the Regulations in respect to the Treasury Gardens Reserve the former of which will require the consent of the Governor in Council; and 2.3. request the Minister responsible for the Crown Land (Reserves) Act 1978 initiate the necessary procedures to amend the Melbourne Parks and Gardens (Joint Trustee Reserves) Regulations 1994 and the Regulations in respect to the Treasury Gardens Reserve. Council Report Attachment: 1. Environment Committee, Agenda Item 5.1, 3 April 2007 Page 1 of 6 ENVIRONMENT COMMITTEE REPORT Agenda Item 5.1 3 April 2007 CHILDREN RIDING IN PARKS REGULATION CHANGE REQUEST Division City Design Presenter Graham Porteous, Manager Recreation Services Purpose 1. To propose an amendment to the existing regulatory arrangements that would allow families with children under the age of 12 years, to cycle in and through the Carlton, Fitzroy and Treasury Gardens. Recommendation 2. That the Environment Committee recommend that Council: 2.1. as Joint Trustee and Committee of Management of the Carlton and Fitzroy Gardens and Committee of Management of the Treasury Gardens: 2.1.1. endorse allowing families with children under the age of 12 years, to cycle in and through the Carlton, Fitzroy and Treasury Gardens on a permanent basis; 2.1.2. note implementation will require amendments to the Melbourne Parks and Gardens (Joint Trustee Reserves) Regulations 1994 and the Regulations in respect to the Treasury Gardens Reserve the former of which will require the consent of the Governor in Council; 2.1.3. request the Minister responsible for the Crown Land (Reserves) Act 1978 initiate the necessary procedures to amend the Melbourne Parks and Gardens (Joint Trustee Reserves) Regulations 1994 and the Regulations in respect to the Treasury Gardens Reserve. Key Issues 3. At the meeting of the Planning and Environment Committee held Tuesday, 5 July 2005, it was resolved: 1. That the Planning and Environment Committee recommend that Council: 1.1. approve a 6-month trial within the Carlton, Fitzroy and Treasury Gardens to permit independent cycling by children under the age of 12, where accompanied by an adult: 1.1.1. providing that all such cyclists obey all other park regulations such as speed limits and relevant signage; and 1.1.2. subject to the Department of Sustainability and Environment (representing the Minister responsible for Crown land) being first consulted on the proposed trial Page 2 of 6 1.2. subject to a positive impact of the trial, seek an amendment by the Minister responsible for Crown land to the Melbourne Parks and Gardens (Joint Trustee Reserves) Regulation 1994 to permit independent cycling by children under the age of 12, where accompanied by an adult, and to provide appropriate authorisations to Park Rangers to support and enforce this amendment to the regulations; 1.3. request the investigation of the application of similar provisions to regulations which govern reserves other than the Joint Trustee Reserves. 4. The trial was conducted over a 25 week period from 1 September 2005 to 24 February 2006. Signage was amended and usage was monitored. During the trial Park Rangers observed and reported the incidence of children and their families cycling through the three gardens and conducted interviews with other park users to determine general park user attitudes to the trial. 5. Over 150 park users were interviewed by Park Rangers and were asked their views regarding the trial as well as the consequences of changing the Regulations to reflect the trial on a permanent basis. The response for a change in the Regulations to permit children to cycle in the gardens was divided equally amongst respondees. Respondees were similarly divided in their views regarding a permanent change to the Regulations. 6. During the trial period, Park Rangers reported no significant increase in cycling in and around the Carlton, Fitzroy or Treasury Gardens, by children under the age of 12 with their families. It is worth noting the numbers of children and families cycling in these three gardens are a small percentage of total park users, including commuter cyclists riding through the gardens. 7. There are currently on and off-road cycling routes around all gardens to allow commuter and recreational cyclists’ access around gardens where cycling is not permitted. 8. The use of Council’s parks and gardens (unless specified) by cyclists is an ongoing issue and contravenes the current Regulations. Actions being undertaken to address this issue include: 8.1. an ongoing regulatory program involving park ranger patrols, intensive blitzes in concentrated areas and a partnership involving the assistance of the Victoria Police; 8.2. capital works improvements implemented around the gardens and immediate precincts to improve bike priority, movement and upgrading of bike routes where appropriate; and 8.3. promotion by park rangers of Council’s preferred bicycle routes, distribution of bike maps and ongoing education of cyclists. 9. The VicRoads rules that apply to footpaths adjoining roads currently permit the riding of bikes by children under the age of 12 whether or not accompanied by adults. Time Frame 10. Subject to Council approval, the Department of Sustainability and Environment will be requested to seek approval of the Minister responsible for Crown Lands (Minister for Planning) to amend the Regulation. This process could take six to 12 months. Relation to Council Policy 11. Council’s City Plan 2010 Strategic Direction 3.1 “Welcome and facilitate all sectors of the community to participate in City Life”. The objectives include to: 11.1. promote a healthy, active and involved civic society; 2 Page 3 of 6 11.2. create diverse public spaces and leisure facilities to provide for the needs of the City’s diverse communities (for example, children, young people, residents and workers);and 11.3. provide and maintain a variety of quality parklands and informal public spaces to meet the passive and active recreational needs of the community. 12. Council’s Bike Plan 2002-2007 states that: “Families and children are a major part of the city community and cycle in the city for recreation, predominantly on the weekend.” “Melbourne’s population is forecast to continue to grow with significant residential growth occurring in the central business district and Southbank. As this growth continues and new developments take shape, the city is faced with new challenges in relation to the provision of bicycle facilities and services to ensure Melbourne is safe, accessible and welcoming to all.” “The Bike Plan also acknowledges that the Council’s planning framework for bicycles also takes into consideration the various Master Plans that have been prepared for Melbourne’s parks and gardens. Traditionally, Council has restricted cyclists from using Melbourne’s parks and gardens. Whilst cycling has been permitted on designated pathways in some Melbourne parks, Council has continued to prohibit cycling in gardens to maintain their passive recreational use.” 13. Council’s Active Melbourne Strategy acknowledges that: “There are a number of environmental benefits that result from increased participation in physical activity. The best example is through the use of alternative transport to driving a car, for example, cycling or walking.” 14. The Strategy also identifies as a key action point. Planning and Policy 15. In conjunction with Engineering Services and in consultation with key stakeholders such as Bicycle Victoria, ensure that Council responds appropriately to the needs of cyclists in the municipality. Consultation 16. Over 150 park users were interviewed by Park Rangers. Council staff have briefed officers from the Department of Sustainability and Environment who have advised that amendments to the current Regulations would require Council, departmental and Ministerial support. Advice from departmental officers indicate that the proposed amendments to the Regulations would not normally be rejected having gained Council approval. Finance 17. The cost of signage required, which is the only financial implication for this proposal will be covered by Parks and Recreation capital program. Legal 18. Council is Committee of Management of the Carlton, Fitzroy and Treasury Gardens pursuant to the Crown Land (Reserves) Act 1978 (“CLR Act”). In respect to Carlton and Fitzroy Gardens the Council is also the Joint Trustee. 3 Page 4 of 6 Sustainability 19. Cycling is encouraged in the City of Melbourne as a legitimate mode of transport, recreational activity and healthy lifestyle. This report has no significant sustainability impacts. Background 20. Council has responsibility for the management of all parks and gardens within the municipality (except the Royal Botanic Gardens and Westgate Park). Governance of these parks and gardens can be summarised into three categories: Council as Joint Trustee; Council appointed as Committee of Management by the State Government; or Council as the land owner. 21. Use of the parks and gardens is regulated either by a specific set of regulations for each particula r park, or by a set of regulations governing a group of gardens, i.e. the Melbourne Parks and Gardens (Joint Trustee Reserves) Regulations 1994 (JTRR), which are made under Section 13 of the CLR Act.
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