SUBMISSION ON BEHALF OF THE CITY OF WHITTLESEA
YAN YEAN ROAD STAGE 2 UPGRADE (PROJECT) ENVIRONMENT EFFECTS STATEMENT
INQUIRY AND ADVISORY COMMITTEE
Date of submission: 8 December 2020
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YAN YEAN ROAD (STAGE 2) UPGRADE ENVIRONMENT EFFECTS STATEMENT SUBMISSION ON BEHALF OF THE CITY OF WHITTLESEA
Contents
INTRODUCTION...... 3 The IAC’s Task ...... 4 Assessment Of Environmental Effects ...... 5 The Planning Assessment...... 6 Project Design ...... 7 Design Process ...... 9 TRAFFIC AND TRANSPORT...... 11 Option A ...... 12 Modified Project Design...... 13 Option C ...... 17 Design Refinements ...... 21 Cookes Road ...... 22 BUSINESS IMPACTS...... 24 Land Acquisition ...... 26 ENVIRONMENTAL AND LANDSCAPE IMPACTS...... 27 Vegetation /Swift Parrot ...... 27 Doreen River Red Gums ...... 32 Surface Water...... 35 VISUAL IMPACTS...... 36 PASSIVE AND ACTIVE OPEN SPACE ...... 39 Policy Framework...... 39 Acquisition of Public Open Space and Sporting Facilities ...... 43 Doreen Recreation Reserve ...... 46 Revised MPD Master Plan ...... 52 Option C Reserve Master Plan ...... 55 LAND ACQUISITION AND PLANNING SCHEME IMPACTS...... 57 CONCLUSION ...... 57 ATTACHMENTS ...... 59
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INTRODUCTION
1. These submissions are made on behalf of Whittlesea City Council (Council).
2. These submissions respond to the exhibited Environment Effects Statement (EES) and supporting documents, and the Draft Planning Scheme Amendment GC92 (Amendment).
3. The overarching position of Council is that the Yan Yean Road (Stage 2) Upgrade (Project) the subject of the EES should be approved. It is Council’s strong position that the IAC should determine to approve the Project.
4. However, Council considers that the Project can only comprise an acceptable outcome subject to variations detailed further in this submission.
5. Council’s key issues in relation to the Project include:
a) Traffic and Transport impacts – particularly the proposed Yan Yean Road/Bridge Inn Road intersection, and its proposed impacts upon traffic and access to surrounding use and development;
b) Social and Business impacts – particularly the impacts of the Project upon, namely, the Doreen Neighbourhood Activity Centre and the Doreen Recreation Reserve;
c) Environmental, Landscape and Visual impacts – particularly the direct and indirect impacts of vegetation removal and habitat fragmentation on Swift Parrot habitat, and impacts upon the distinct landscape values present along the Yan Yean Road corridor; and
d) Land Acquisition and Planning Scheme impacts – particularly impacts upon the Yan Yean Road/Bridge Inn Road intersection, including acquisition and reconfiguration of open space.
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The IAC’s Task
6. The purpose of the inquiry is to:
a) review and consider the EES and public submissions received in relation to the environmental effects of the Project;
b) consider and report on the potential significant effects of the Project, taking into account the draft evaluation objectives in the EES scoping requirements, the procedures and requirements of the Minister or Planning (Minister) for the preparation of the EES under section 8B(5) of the Environment Effects Act 1978 (EE Act) and the controlling provisions under the Environment Protection and Biodiversity Conservation Act 1999 (Cth,) (EPBC Act);
c) identify any measures it considers necessary and effective to avoid, mitigate or manage the environmental effects of the Project to balance Project objectives with environmental, economic and social outcomes, including any necessary project modifications; and
d) report its findings and recommendations to the Minister to inform his assessment under the EE Act.
7. Further, the IAC has been charged with the following tasks as an advisory committee under section 151 of the Planning and Environment Act 1987 (Vic.)(P&E Act):
a) review the draft Amendment, which was prepared to facilitate the project, along with any public submissions received in relation to the draft Amendment;
b) provide a report to the Minister whether the draft Amendment contains provisions and controls that are appropriate for the Project; and
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c) recommend any changes to the draft Amendment that it considers necessary.
8. In coming to its conclusions, the IAC (and ultimately the Minister) must engage with the policy matrix of the P&E Act, including both the Nillumbik Planning Scheme and the Whittlesea Planning Scheme (Scheme).
Assessment of Environmental Effects
9. Under the EE Act, the Minister is required to undertake an assessment of the environmental effects of the particular works under consideration. The end result of that assessment is not, however, to make a decision but to inform other decisions that have to be made under other legislation.
10. The proper approach to the assessment required under the EE Act was explained by the Minister in his assessment of the Mordialloc Bypass where he observed that:
a) It is ‘essential’ that his assessment ‘deals robustly with the acceptability of the environmental effects of the project’;
b) While it was not necessary for a project to eliminate or avoid all environmental impacts,
(i) ‘[I]mpacts should be avoided or mitigated as far as practicable’; and
(ii) ‘A judgment [must] be made about whether the impacts are acceptable, having regard to the nature of the affected environmental values’.1
11. In order to deal ‘robustly’ with the environmental effects of a project, it is necessary that the Minister (and those advising him) have sufficient
1 DELWP, Mordialloc Bypass – Minister’s assessment of environment effects (June 2019), p. 11.
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information about the environmental effects of that project. As stated in the Second Reading Speech:
One aim of this proposed legislation is to enable and encourage those responsible for designing works and proposals to seek advice and take environmental matters into account when preparing these designs. An even more direct aim is to ensure that those making decisions about works and proposals do so in the full knowledge of their significant environmental effects.2
12. This aim is reflected in the Scoping Requirements which requires that the EES:3
… should provide a clear, well-integrated analysis of the potential effects of the proposed project, including proposed avoidance, mitigation and management measures, as well as feasible alternatives. To facilitate decisions on required approvals, the EES should also address statutory requirements associated with approvals that will be informed by the Minister’s assessment.
13. Ultimately whether conditions are appropriate depends on the nature of any gaps in the information provided with the EES.
The Planning Assessment
14. It is relevant and important for the Committee to identify where the community benefit lies in the context of this project, what is influencing the flow of those benefits and what changes are required to produce a net community benefit.
15. In this regard, Council strongly supports the project, with the Yan Yean Road upgrade being one of the highest traffic priorities, along with Bridge Inn Road, in the Northern Growth Corridor. These items have been long term priority
2 Parliament of Victoria, Hansard, Volume 338, p. 3141. 3 Scoping Requirements for Yan Yean Road (Stage 2) Upgrade Environment Effects Statement, June 2019, page 10.
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advocacy items for the State Government and will address traffic and transport issues in the area.
16. However, Council would like to take this opportunity to raise concerns with the Project that, in its view, needs to be addressed through the EES process to ensure it comprises an acceptable outcome.
17. Council has considered the impacts of the Project, with particular attention given to site context, biodiversity, surface water, urban design, access to businesses, and the impact on existing and proposed facilities at the Doreen Recreation Reserve (Reserve).
18. Relevant planning controls will be detailed throughout the submission for each site impacted by the Project.
Project Design
19. Regardless of Council’s emphatic support for the Project, it submits that the IAC should recommend for further modifications to be made to the Project as proposed in the EES and in documents tabled prior to and during the hearing.
20. It is clear that many of the submissions and indeed much of the discussion within in the hearing concerns the correct design approach for the Yan Yean Road/Bridge Inn Road intersection.
21. Within Council’s municipality, the Project area extends either side of Yan Yean Road from Jorgensen’s Lane at the southern boundary to just north of the Yan Yean Road/Bridge Inn Road intersection.
22. There are a range of works associated with the Project that are within Council’s municipal boundary and it is generally supportive of these works.
23. However, this submission details several issues Council considers need to be addressed to achieve an acceptable outcome.
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24. Council acknowledges the Proponent’s ongoing efforts to address Council’s concerns. Council is eager to work with the Proponent and the Victorian Government to ensure that these concerns are recognised and mitigated at the planning approvals stage, rather than left to be determined via uncertain processes during the construction and operation phases of the Project.
25. Where an impact can be avoided during Project design, Council submits that the Project should be modified to do so, as long as the proposed modification is one that achieves this ‘as far as practicable’.
26. The Scoping Requirements are emphatic in the scope of analysis and consideration required within the EES, namely that:4
The content of the EES and related investigations is to be guided by these scoping requirements and the Ministerial Guidelines. It is MRPV’s responsibility to ensure that adequate studies are undertaken to support the assessment of environmental effects, focusing primarily on significant effects (including those that might emerge during the investigations). The EES should demonstrate how the project will achieve a balance of economic, social and environmental outcomes that contribute to ecologically sustainable development and provide a net community benefit over the short and long- term.
The EES should provide a clear, well-integrated analysis of the potential effects of the proposed project, including proposed avoidance, mitigation and management measures, as well as feasible alternatives. To facilitate decisions on required approvals, the EES should also address statutory requirements associated with approvals that will be informed by the Minister’s assessment.
[Our emphasis]
4 Scoping Requirements, section 3.2.
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27. Council seeks to briefly touch upon the EES material’s compliance the Scoping Requirements.
28. Following public consultation in May 2020, the Proponent advanced ‘Option B’ as its preferred response to the Yan Yean Road/Bridge Inn Road intersection.
29. Consideration of the design options considered as part of community consultation is provided at Chapter 3 Project Development within the EES.
30. However, Council considers that the various Technical Reports comprising the EES consider the design alternatives sparingly, if at all.
31. At the very least, Council considers that the assessment of design alternatives within the supporting Technical Reports is not to the degree envisioned in the Scoping Requirements.
32. Such an outcome, ostensibly, falls short of complying with the Scoping Requirements.
33. Council nonetheless welcomes the Proponent’s continued refinement of its assessment since the exhibition of the EES, and subsequent consideration of the relevant design alternatives has allowed the parties to more fully consider the environmental effects of the Project.
Design Process
34. A context of the design process for the Project is provided for in the EES itself, namely Chapter 3 Project Development, along with Chapter 6 Communication and Engagement. Council does not seek to replicate that description in these submissions.
35. Council provides the following summary of its input into the design of the Project.
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36. The Project design process included participation in a Technical Reference Group (TRG) by Council officers, with several meetings conducted from October 2019 until August 2020. Monthly coordination meetings were also conducted between the Proponent and Council to discuss and address some key issues and challenges for the project.
37. The TRG considered design options for the Project. One of the most significant impacts of the project for Council and its residents is the intersection design for Yan Yean Road and Bridge Inn Road in Doreen.
38. Each of the design options at this intersection have implications for economic development, traffic and transport, heritage, social significance, open space and urban design.
39. Three design options for the intersection were considered by the TRG with Options A, B and C still under consideration as recently as June 2020.
40. Ultimately, the TRG was not able to endorse the Proponent’s decision to adopt Option B prior to the EES exhibition period.
41. Council considers its clear preference lies with Option C, subject to further design changes, for the intersection of Yan Yean Road/Bridge Inn Road.
42. There are a range of other works associated with the Project that are located within the municipality, including the establishment of a no-go zone at Werther Park to protect biodiversity values and the inclusion of signals at the Yan Yean Road/Jorgensen Avenue intersection.
43. Council is generally supportive of these works and worked with the Proponent to ensure they could be achieved.
44. However, some suggested actions have been included within the submission to achieve better outcomes.
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45. Other considerations in the Project design are the impacts on Swift Parrot habitat and securing the protection of Werther Park on the western side of Yan Yean Road, north of Jorgensen Avenue. These aspects are discussed further in these submissions.
TRAFFIC AND TRANSPORT
46. The EE Act and the Terms of Reference invite consideration of what the effect of the Project will be on the existing environment.
47. In the context of traffic and transport considerations in this hearing, the proper inquiry is to ask: what changes in the existing conditions will the Project bring about?
48. The logical starting point is to examine what the present condition is, by reference to measured data objectively ascertainable in the field.
49. Council is concerned with the proposed traffic and transport impacts of the MPD. These submissions seek to address these concerns, especially those that arise from the proposed Yan Yean Road/Bridge Inn Road intersection upon other aspects, such as business, social, open space and ecological impacts.
50. Council’s position is that:
a) Both Option A and the Modified Project Design (MPD) comprise unacceptable outcomes that fails to balance functionality with the potential for significant environmental effects; and
b) Option C comprises an acceptable outcome that avoids and minimises significant environmental effects to great effect.
51. Further, Council supports the upgrade of the intersection of Cookes Road with Yan Yean Road as this has been identified as key to improve the functionality, especially delay, of both options.
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52. At present this upgrade has not been considered comprehensively within either the EES or the hearing, and Council considers that further work should be undertaken to determine the appropriateness of this outcome.
53. Council’s position on the traffic and transport impacts of the Project, including its Yan Yean Road/Bridge Inn Road intersection design options, is formed with reference to several metrics.
54. Relevantly, Technical Report A – Transport Impact Assessment provides for targets for the Project with respect to peak hour intersection performance: 5
a) A practical degree of saturation (DoS) of 0.9 or lower for each movement;
b) A level of service (LoS) D, or better, for the intersection as a whole, based on average vehicle delay;
c) 95th percentile queue lengths that are contained within the proposed turn lanes.
55. Further, access and visibility, insofar as they might impact upon broader social, business and landscape impacts, are aspects that are defined by the traffic and transport treatment of the Project.
56. We consider these measures with reference to various design options as follows.
Option A
57. During consultation, the Proponent advanced an Option A in respect of the Yan Yean Road/Bridge Inn Road intersection.
58. In respect of the three Yan Yean Road /Bridge Inn Rd intersection design options detailed in Chapter 3 of the EES, Council does not support Option A,
5 Technical Report A, page 129.
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which would require the removal of both the heritage listed Doreen River Red Gums and the old Doreen store.
59. Such an outcome would be, in Council’s view, unacceptable.
Modified Project Design
60. The Proponent tabled a revised ‘Option B’ design in respect of the Yan Yean Road/Bridge Inn Road intersection – which it has subsequently named the MPD 6.
[Source: Technical Note 3]
61. Council considers the scale and operation of the MPD has the capacity to:
a) significantly compromise the 2014 Doreen Recreation Reserve Master Plan (Reserve Master Plan);
b) unacceptably alter access to the business precinct in the south-west and south-east corners of the intersection;
6 Detailed in Technical Note 3 dated 11 November 2020.
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c) shift Yan Yean Road away from its current alignment, which forms the current boundary between Council’s municipality and the Shire of Nillumbik;
d) creates disjointed superfluous parcels of land.
62. These issues will be explored in more detail further in these submissions.
63. Regardless, the MPD does not adequately address the concerns of Council.
64. In particular, the “improved” design in the MPD unacceptably expands and complicates the overall intersection footprint and exacerbates Option B’s inadequacy in responding to its context at the urban-rural interface.
65. Council has recognised the unique character of its eastern urban -rural interface in planning for the area. The Mernda Strategy Plan is the primary policy document to guide and inform the preparation of Development Plans and subsequent Subdivision Plans for the Mernda growth area.
66. The Mernda Strategy Plan is an incorporated document in the Whittlesea Planning Scheme and was approved in October 2004 and amended in 2008 and 2016.
67. A copy of the Mernda Strategy Plan is included as Attachment 1 to these submissions.
68. The Mernda Strategy Plan recognises the need to provide an alternative design treatment for development at the interface with non-urban land. Lower density residential development is recommended for areas with significant landscape or environmental values. It is also considered appropriate as a buffer treatment to nonurban land on the edge of the MSP area.
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69. Relevantly, the Mernda Strategy Plan provides for guidance in the design treatment that will be applied to low density development along Yan Yean Road:
[Mernda Strategy Plan, dated January 2008, page 8]
70. Council has the following additional concerns as a result of the design changes proposed:
a) The proposed access to Doreen Recreational Reserve (Reserve), from Yan Yean Road, is shown to be left in/left out with no safe U-turn provision for patrons’ headings south along Yan Yean Road. This arrangement may encourage vehicles to complete U-turns at the end of the median – being the undivided section of the road - creating both operational and safety issues at Yan Yean Road. This is the only access provided to the Reserve, and is expected to be heavily used by the local community; and
b) The new service road from Yan Yean Road into the business within the Doreen Neighbourhood Activity Centre (Doreen NAC) proposes to make Activity Way left in/left out. However, Council considers that, practically, this treatment will be considerably difficult from a functionality point of view and will encourage motorists heading north along Yan Yean Road to complete illegal right turns. The intersection as proposed will behave
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more so like a crossroad intersection which Council considers will create major safety and operation concerns.
71. Council considers that that this intersection should be reassessed and redesigned to de-couple all the movements by reducing conflict points for both the Service Road and Activity Way.
72. Overall, the proposed changes in the MPD do not address the concerns raised as part of submissions, by both Council and representatives of businesses within the Doreen NAC.
73. The Proponent has nominated the MPD as their preference for Yan Yean Road/Bridge Inn Road Intersection in the exhibited EES documents, and design changes at Technical Note 3 apply to Option B. If the Minister for Planning determines MPD as a preferred option (notwithstanding Council’s clear preference for Option C), Council considers changes to the intersection design are required to improve the outcome.
74. The MPD seeks to address access concerns for businesses within the Doreen NAC raised by several parties to the hearing, namely Jamluk Pty Ltd and the Doreen Traders and Landowners Committee.7
75. The MPD results in a poor outcome for the Doreen NAC with respect to visibility and access. Council considers the movement of the Yan Yean Road/Bridge Inn Road intersection away from the Doreen NAC will comprise an unacceptable impact.
76. Regardless, Council supports the U-turn facility accommodating heavy vehicles in Bridge Inn Road advanced in Technical Note 3, and this measure should be adopted for either option.
7 See Submission 66.
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Option C
77. Council strongly supports Option C because it provides an intersection which satisfies Council’s priorities in seeking to upgrade Yan Yean Road.
[Source: Technical Note 3]
78. In respect of intersection performance, Option C comprises an acceptable traffic outcome, and even performs better on some metrics, namely:8
a) A lower Degree of Saturation (DoS) in the AM and PM peak, with or without the Cookes Road upgrade;
b) The same Level of Service (LoS):
(i) LoS D in the AM, and E in the PM without Cookes Road upgrade; and
(ii) Los D in both the AM and PM peak with the Cookes Road upgrade.
c) A slight increase in delay (combined) compared with the MPD, noting that the anticipated delay still provides for LoS for the intersection;
8 Tabled Document
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d) A 95th percentile queue of 110m, which is able to be accommodated within the 140m storage lane provided.
79. Technical Report A provides for a summary of the intersection performance for Option B, as at 2031 ‘with project’ and during peaks hours:9
80. Using the above table as an appropriate measure of intersection performance, Option C achieves those targets on Mr Kelly’s assessment. An identical blue ticket applies to Option C.
81. Council agrees with Mr Kelly that the consideration of the relevant DoS might not a direct comparison as the one intersection proposed in the MPD differs from the two intersections proposed by Option C.
82. In questioning, Mr Kelly was, understandably, unable to provide for a similar quantitative assessment that would allow for an alternative comparison to LoS between the two options.
83. On that basis, the IAC and the parties are left to consider those targets that have been presented within the EES and at the hearing.
84. The Proponent submits that the MPD comprises a better outcome with respect to travel time and distance required. To this, Council submits Option C:
a) requires shorter travel distances from the service station in the Doreen LAC to all directions;10
9 Technical Report A, Table 8.7, page 122. 10 Tabled Document 13, Table 4, page 14.
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b) provides for more convenient and visible access to the Doreen LAC by virtue of the shorter travel distances;
c) to the extent that it comprises a 6.6% increase in vehicle hours travelled in the PM Peak, comprises an acceptable outcome with respect to both travel distance and time.11
85. The Proponent submits that the proposed intersection spacing between Yan Yean Road’s intersections with Bridge Inn Road, Doctors Gully Road and Cookes Road comprise an unacceptable outcome. In this respect, the Proponent relies on advice provided by the Department of Transport that closely staggered intersections are problematic.
86. Council considers that the staggering of intersections proposed by Option C is manageable and acceptable. While the Department of Transport has voiced its apprehension in accounting for this interaction through the use of signal linking and traffic light sequencing, Council considers that these measures can and should be employed to avoid the possibility of issues with queueing and visibility.
87. Where Option C is capable of avoiding many impacts of the associarted with the MPD, Council urges the IAC to balance the spacing between intersections with those aspects, which will be considered more fully in these submissions.
88. Option C is clearly an acceptable traffic and transport outcome.
89. Where Option C comprises an acceptable traffic and transport outcome, and several other factors render it the more appropriate outcome, Council submits that the IAC can be confident that is comprises the better outcome.
90. Balanced against the traffic and transport advantages and disadvantages of each option, Council submits:
11 Ibid, Table 3, page 8.
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a) Option C requires less land acquisition on surround uses. Council submits that the land acquisition required by the MPD is inappropriate, especially where the amount of land required will impact commercial, rural, open space and social uses within the intersection.
b) Of particular concern to Council is the acquisition of land within the Reserve, which has the capacity to significantly alter and diminish its useable space.
c) Option C, like the MPD, retains the two significant river red gums, subject to a small revision to the design and innovative construction techniques or solutions in order to provide better protection to one of the significant River Red Gum trees. As provided in its initial submission, Council strongly supports the retention and continued protection of the River Red Gums.
d) Option C results in minimal impacts on the Reserve and its proposed Reserve Master Plan, relative to the MPD.
e) Further, Option C maintains the status quo for access arrangements for the business precinct on the south-east and south-west corners, subject to a design change to ensure there is parking available to the businesses on the south east corner of the intersection. Council considers that the Proponent has understated the importance of the Doreen LAC, including the propensity for the Project to contribute to the viability of the precinct through access and visibility. This is particularly important where the growing population of the locality should be provided with appropriate and convenient access to the services provided within,
f) Option C maintains Yan Yean Road as the municipal boundary between the City of Whittlesea and the Shire of Nillumbik.
91. Many of these aspects are discussed further in these submissions.
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92. For these reasons, Council urges the IAC to recommend that Option C be advanced as the appropriate design option for the Yan Yean Road/Bridge Inn Road intersection.
Design Refinements
93. Council considers that Option C should be further refined to ensure that its associated impacts can be appropriately managed.
94. The proposed median within Bridge Inn Road should be reduced to minimum requirements, to reduce impact on the Reserve along the Bridge Inn Road frontage.
95. If the IAC is minded to recommend to the Minister that the MPD be advanced as the appropriate design option, the following design actions are strongly recommended for inclusion in the Environment Performance Requirements (EPRs) and proposed Incorporated Document:
a) The preparation of a Historical, Social and Landscape Master Plan for the intersection, surrounding superfluous parcels created as a result of the project (including in the business precinct) and the Reserve;
b) A new Master Plan should be prepared for the Reserve, achieving all key elements proposed in original Council adopted Master Plan;
c) The existing facilities to be demolished within the Reserve (such as sports facilities and car parking due to construction of the intersection via either option) must be reconstructed to Council’s satisfaction in accordance with the adopted Master Plan for the Reserve;
d) The superfluous parcels created as part of the upgrading of the intersection must be vested as public reserves in Council ownership (both City of Whittlesea and Shire of Nillumbik) including any road reserve of existing Yan Yean Road that may become redundant;
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e) The existing zoning of the superfluous parcels must be retained and the Incorporated Document revised to note that these parcels will be used as public reserve including the proposed use of land for a minor sports and recreation facility (as was the expectation for the Reserve); and
f) no commercial developments would be undertaken on superfluous lots created by the Project and Council considers that there would be no planning permit requirement for the establishment of the Reserve on Green Wedge zoned land.
Cookes Road
96. In his Expert Report Mr Kelly, the Proponent’s traffic expert, considered the implications of a further upgrade to Cookes Road and its intersection, on the function of the Yan Yean Road/Bridge Inn Road intersection.12
[Source: Nearmap aerial dated 8 November 2020]
97. During questioning, Mr Kelly agreed that, irrespective of the design option selected for the Yan Yean Road/Bridge Inn Road intersection, the addition of a further lane north of Bridge Inn Road, and the upgrade of the existing
12 Tabled Document 13, dated 23 November 2020.
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intersection of Yan Yean Road and Cookes Road results in a substantially improved traffic response on a number of metrics considered.
98. The Cookes Road/Yan Yean Road intersection was signalized to improve safety and operations in 2018, as a Council ‘capital works’ project.
99. When it was considering the works to Cookes Road as part of that process, Council considered that the footprint of the intersection is constrained by trees on its eastern interface. At the time, Council was advised by Nillumbik Shire Council that it would not support removal of those trees. Council advanced with the signalisation of Cookes Road on that basis.
Intersection Performance Measures without/with Cookes Road Upgrade
Modified Project Design Option C Measure AM Peak Hr PM Peak Hr AM Peak Hr PM Peak Hr
Intersection DoS 0.90/0.90 1.03/0.89 0.75/0.75 1.02*/0.81
Level of Service D/D E/D D/D E/D
Delay 44/44 60/39 48/48 75/48 (Combined)(s)
Queueing between -/0 -/0 110/110 230/100* intersections
[Source: Tabled Document 13 dated 23 November 2020, page 5]
100. On the basis of Mr Kelly’s assessment, it is Council’s position that pursuing an upgrade to Cookes Road should be investigated irrespective of the design option selected.
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101. In determining the appropriateness of the upgrade, Council submits that further assessment by the Proponent in consultation with both Council and Nillumbik Shire Council.
102. In this respect, Council considers that the following work should first be undertaken:
a) A proper analysis of the anticipated traffic benefits against the environmental impacts;
b) Extension of the Project area to include the relevant parts of the Cookes Road intersection; and
c) Consideration of the Cookes Road upgrade subject to the same, or similar, process to that undertaken for this Project – namely through consultation, design consideration and approval.
103. If the further work Council considers should be undertaken illustrates the benefit of an upgrade to the Cookes Road intersection, Council submits that it should be pursued.
BUSINESS IMPACTS
104. Of critical importance to any design option considered as part of the EES and this hearing is the impact on the Project on the Doreen NAC, also known as the Doreen Business Precinct.
105. The Proponent’s preferred MPD, as recommended in the EES and in subsequent Technical Notes and evidence, shifts both Yan Yean Road and Bridge Inn Road away from the existing businesses adjacent to the intersection impacting direct access and visual exposure to the existing businesses.
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106. This effectively creates a new context for the existing business precinct with impacts including changes to the urban design and amenity outcome for the existing retail uses, as well as access and visibility.
107. Council submits that such a shift comprises an acceptable outcome.
108. As a result of the MPD, the rear of the Shire of Nillumbik businesses will form the frontage to Yan Yean Road. This will need to be addressed from an amenity perspective.
109. The changes to access for the Shire of Nillumbik businesses are also likely to require additional parking outside of the existing site boundaries. In the existing context, the Nillumbik Shire businesses operate (possibly with existing use rights) on Rural Conservation zoned land. Access and car parking are currently available from the surrounding road network.
110. Council submits that further design modifications are required to ensure that adequate car parking is available for the Shire of Nillumbik businesses under the altered conditions provided by the Proponent’s preferred MPD.
111. To manage this issue, Council submits that the Incorporated Document should be amended to reflect this, as additional parking on the RCZ land outside of the existing site boundaries would be a prohibited use.
112. The need for additional parking given the change of context for these businesses should be acknowledged as an impact and parking provision conditioned in the Incorporated Document which is not currently the case.
113. In contrast to the range of impacts for MPD, Option C maintains the status quo for active street frontage, visibility and access/connection to the Doreen Business Precinct.
114. The businesses on the south-east corner of the intersection are within the Shire of Nillumbik and have not been directly engaged by City of Whittlesea.
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115. Regardless, it should be noted that whilst option C maintains street frontage and visibility for these businesses, modifications are required to provide vehicle access and car parking.
116. Council is also concerned about the impact of construction on businesses along the Project corridor and requests that the Proponent ensure every effort is taken to protect the ongoing viability of these businesses including monitoring, signage and communications.
117. To the extent that the proposed EMF and the EPRs seek to mitigate the impacts apparent as a result of the MPD, Council considers that the Project should seek to, firstly, avoid those impacts in the first instance.
118. Accordingly, Option C more adequately avoids, mitigates and manages the impacts of the Project upon businesses along Yan Yean Road. Council considers the proposed EPRs and EMF, subject to further amendments, will continue to minimise those impacts and ensure that significant impacts associated with the Project can be avoided.
Land Acquisition
119. The MPD creates isolated parcels of Rural Conservation Zone (RCZ) land to the south of the Doreen General Store and adjacent to the existing Doreen NAC on the south-west corner of the intersection.
120. There is mention in the GC92 Explanatory Report of transferring the isolated Green Wedge parcels to community open space but there is no reference to this in the Incorporated Document.
121. Council considers that although the proposed EPR LU3 seeks to manage the use and development of surplus land parcels within the intersection, the Incorporated Document should be revised to reflect the treatment of these
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parcels, especially where they are recommended to be provided to both councils the subject of Amendment GC92.
122. Proposed community open space areas should be master planned to address the amenity and urban design issues that arise from the collation of business uses in this new setting and their integration with the significant vegetation and community open space.
123. If the MPD is the preferred option of the IAC, the Incorporated Document should be updated to reflect the intention to transfer the isolated green wedge parcels created by the MPD to community open space. The Incorporated Plan should reflect EPR LU3 to require the preparation of a masterplan to address the amenity and urban design issues that arise from the collation of business uses in this new setting and their integration with the significant vegetation and community open space.
124. Further, Council considers that EPR B2 should be amended to require it to be prepared and implemented in consultation with Council and Nillumbik Shire Council.
ENVIRONMENTAL AND LANDSCAPE IMPACTS
125. Although the Project has been designed to avoid environmental and landscape impacts where possible, Council considers that the IAC should recommend additional measures to ensure significant effects can be avoided and minimised should they arise.
Vegetation /Swift Parrot
126. It is anticipated that 4,777 trees and shrubs may be impacted by the Yan Yean Road Stage 2 project. The Project corridor provides habitat for many bird species, including the critically endangered Swift Parrot, listed under the EPBC Act.
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127. Council is concerned that the removal of vegetation, in combination with the removal of vegetation as part of the North East Link Project, Yan Yean Road upgrade Stage 1, Bridge Inn Road upgrade and the Plenty Road upgrade, would be a risk to the conservation of the Swift Parrot.
128. Mr Weller, on behalf of the Proponent, gave evidence before the IAC regarding the cumulative impacts of nearby developments, in conjunction with the Project.13
129. In undertaking his assessment of the cumulative impacts of nearby developments, Mr Weller provided:14
Appointed contractors that have undertaken ecological or arboricultural assessments for these projects have each collected different information, most of which do not provide adequate levels of detail to enable a detailed assessment of impacted key Swift Parrot foraging trees to be undertaken. This variation in the collected parameters between projects is largely driven by the fact that these projects, on their own, have been assessed as not impacting Swift Parrot, and detailed tree data, further than what is required for vegetation assessment and offset requirements (DELWP, 2017), has in most cases not been required to be recorded.
130. Although Council understands the valid reasons behind the significant variations in data available, this does not detract from the extent of speculation required for Mr Weller to undertake his assessment. From this, it can be said that such an assessment is inadequate to consider the secondary impacts of the Project upon the critically endangered Swift Parrot.
13 Tabled Document 16, dated 23 November 2020, section 1.4.3.5, page 6. 14 Ibid.
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131. Council relies on the Ministerial Guidelines in respect of cumulative impact assessments, which provide:15
A proponent will at least need to provide an assessment of relevant effects (e.g. on landscape values, risks to fauna or emissions to air) in a form that can be integrated with information relating to other projects or activities, and thus enable the Minister to assess the potential cumulative effects. A specific need for a proponent to document potential cumulative effects may arise where a project is to be undertaken in a series of stages.
Because of the factors constraining quantitative assessment of cumulative effects, often only a qualitative assessment will be practicable.
132. In this respect, Mr Weller has undertaken an assessment of the cumulative impacts of the Project upon the Swift Parrot utilizing the tools available to him.
133. Council considers, however, that the data available to Mr Weller to undertake his assessment comprises a gap in knowledge. In the absence of further representative data of the types of trees and vegetation removed as part of other developments, the Project should adopt a precautionary approach to ensure that any apparent impacts can be promptly managed.
134. In respect of indirect effects, such as habitat fragmentation and the agglomeration of aggressive nectarivorous birds, the Ministerial Guidelines provide that ‘the proponent may not control the sources of indirect effects’.16 To the extent that the Project may not be the primary or sole contributor the indirect effects of nearby developments, the mechanisms available to the Proponent to mitigate those effects are considerable.
15 Ministerial Guidelines for Assessment of Environmental Effects under the Environment Effects Act 1978 (Department of Sustainability and Environment, 7 th Edition, 2006), page 18. 16 Ministerial Guidelines, page 19.
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135. Council considers that significant measures should be undertaken in light of the importance of the Swift Parrot.
136. Council remains concerned that the secondary effect of vegetation removal associated with the Project will displace other nectarivorous bird species into remaining Swift Parrot habitat in nearby areas, such as the Plenty Gorge Park, and contribute the subsequent competition for resources.
137. Acknowledging that the Project will proceed, every measure should be taken to mitigate the impact by maintaining and enhancing nearby pockets of Swift Parrot habitat. To this end, Council recommends that Proponent prepare and resource a Swift Parrot Habitat Rehabilitation Plan as part of the EMF to be enacted where those impacts are assessed to be occurring.
138. It is undisputed that creek and river corridors are important movement corridors in the region for this and other species. The tree-lined Yan Yean Road may be an important movement corridor from Plenty Gorge to Yan Yean Reservoir and this can be achieved with attention to local offsets and habitat corridor planning.
139. Multiple vegetation types and species with different flowering times is important to consider. Moreover, several witnesses called by the Proponent agree that the failure to observe the Swift Parrot as part of surveying efforts in the Project area does not discount the ‘moderate’ likelihood of its occurrence, nor the undisputed importance of the Plenty Gorge Park and other nearby reserves in providing preferred foraging habitat.
140. Council has consulted practitioners in the field and has been advised, albeit anecdotally, that Swift Parrots feed in planted eucalypts locally on street reserves, in sports reserves, and other public spaces such as schools and shopping centre car parks.
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141. Where trees are removed, logs and root balls can be re-purposed for improving instream habitats in local waterways such as the Plenty River or local wetlands or transported for local ecological restoration projects.
142. The preparation of a Tree Management Plan is also recommended, and is, as of the date of these submissions, provided for in the Proponent’s Version 2 EPRs, to ensure the project prioritises tree retention, including significant trees.
143. Council considers that the proposed EPRs AR2 and AR4 will provide the Proponent with the means to properly observe and assess the impacts of tree removal upon Swift Parrot habitat.
144. The preparation of the Swift Parrot Habitat Rehabilitation Plan and Tree Management Plan should be included in the Environmental Management Framework of the Incorporated Document and should involve consultation with City of Whittlesea and the Shire of Nillumbik prior to the commencement of any works.
145. It is noted the above considerations for mitigation are not currently reflected in Attachment V Swift Parrot Management Plan within the EES.
146. Council considers that so long as these knowledge gaps exists, the Project should seek to ensure that it can appropriately respond to those impacts should they arise.
147. Council considers that although the provision of such a plan is precautionary, it will ensure that the apparent gaps in knowledge in ascertaining cumulative impacts from nearby developments can be offset by a mechanism to avoid and minimise further impacts.
148. Providing an EPR as a precaution serves to mitigate those impacts, and is entirely consistent with the EE Act in that seeks to avoid and minimise the impacts of the Project on nearby areas. This is particularly necessary where the
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EES process is concerned with minimizing the potential for the Project to result in significant impacts on biodiversity values
149. As such, the Swift Parrot Habitat Rehabilitation Plan should include a Landscape Plan for the rehabilitation of the project corridor in order to manage and otherwise enhance local opportunities for habitat corridor planning, consistent with EPR AR4.
150. To this extent, Council welcomes Mr Ryder’s comments during questioning that the reinstatement of vegetation accommodates vegetation species that may provide for Swift Parrot habitat into the future, and considers that EPR AR4 should be updated to reflect that intention.
Doreen River Red Gums
151. Council considers that Option C comprises an acceptable outcome with respect to the historic River Red Gums (River Red Gums) located at the Yan Yean Road/Bridge Inn Road intersection.
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Tree 1265
Tree 1264
[Source: Technical Report C – Appendix 5 – NDRI Report, page 3]
152. To this extent, Council welcomes the retention of the two River Red Gums– designated as Trees 1264 and 1265 - accommodated by both the MPD and Option C, as well as the proposed EPRs HH1 and AR3, subject to minor amendments.
153. Although Mr Ryder considers that the MPD will provide for greater offset to the River Red Gums and minimise tree impacts,17 he agreed that the opportunity to implement innovative and extensive measures to avoid any impacts should be undertaken in the Project.
154. Mr Ryder’s proposed EPR AR3 requires the Proponent to undertake assessments of the River Red Gums to determine whether tree protection
17 Tabled Document 18, page 2.
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measures need to be implemented to ensure the viability of the trees, and the safety of passers-by.
155. During questioning, Mr Ryder agreed that given the importance and value of the River Red Gums, innovative and significant construction measures should be implemented to ensure impacts upon the trees are avoided or otherwise minimised.
156. Further, the proposed EPR AR3 requires that excavation not exceed 800mm within the Tree Protection Zone (TPZ) for the River Red Gums. Mr Ryder considered in evidence that he was unable to locate the roots of the River Red Gums, and accordingly, there is no evidence that their roots significantly extend into Yan Yean Road.
157. Accordingly, Council considers that the retention and maintenance of the River Red Gums can be acceptably achieved through Option C.
158. To the extent that Tree 1264 is in decline relative to Tree 1265, Council relies on the evidence of Mr Ryder that the possibility of branch failure onto Yan Yean Road ‘is not considered likely’.18
159. Where the possibility of branch failure cannot be discounted entirely, Council considers that the proposed EPR AR3 provides for adequate protection and safety measures to be implemented, such as pruning or cabling.
160. To ensure that the River Red Gums are adequately protected during construction, Council considers that EPR AR3 should be amended to expressly require the assessment and implementation of innovative construction technique during construction of the Project for those areas within the TPZ.
18 Tabled Document 18, page 6.
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Surface Water
161. Council considers that the Project will inevitably increase the amount of impervious surface within the Project area.
162. As such, stormwater detention has been designed within the EES to ensure flood events do not result in adverse impacts on existing drainage infrastructure that is managed by Council.
163. Council has considered the expert report of Mr Leslie, the surface water expert being relied upon by the Proponent.19 Mr Leslie has not been called to appear before the IAC as part of this hearing.
164. Mr Leslie considers that proposed EPRs SW1 and SW2 require measures to be implemented and considered by floodplain managers and drainage authorities, or otherwise in accordance with Water Sensitive Urban Design Guidelines, and accordingly the EPRs are sufficient as proposed.
165. Clause 13 of the Scheme provides that:
Planning should strengthen the resilience and safety of communities by adopting a best practice environmental management and risk management approach.
166. Further, clause 21.08-3 seeks to ‘create an environmentally sustainable city’. To achieve, the provision establishes the following objective:
To promote and facilitate development that incorporates best practice environmentally sustainable design.
[Our emphasis]
167. Council considers that the express requirement for surface water works to be undertaken in accordance with ‘best practice’ is necessary to comply with the
19 Tabled Document 27 dated 23 November 2020.
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objectives of the Scheme and to ensure that the risks of flooding and damage to infrastructure can avoided.
VISUAL IMPACTS
168. Council submits that further measures are required for the Project to ensure its visual impacts are minimised as effectively as possible.
169. Although Council considers an upgrade of Yan Yean Road to the extent proposed is necessary, the Project must ensure it is able to sensitively integrate into the distinct landscape of the Project area.
170. The Project proposes extensive length of retaining walls on either side of Yan Yean Road. Whilst the requirements of retaining walls is understood due to the challenges with the topography, the use of local colours and textures for the precast walls are recommended for the precast walls.
171. Council considers that the Proponent should involve visual or public artists in the design of the retaining walls from amenity purposes with consideration to local colours and character of the area. This would lend design coherency to the project and avoid the mere location of sculptural works as the art component.
172. In his evidence, Mr Knight recommended that both Council and Nillumbik Shire Council be consulted in the integration of public art for the Project.20
173. Notwithstanding, Council recommends that the Proponent explores every opportunity to reduce the extent and height of the retaining walls, especially where the retaining walls are currently proposed to be 8m high. Visually permeability should be maintained by the use of steel railings and the extension of the retaining walls over and above minimum requirements must be avoided.
20 ###
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174. In his evidence, Mr Knight provided that while retaining walls should be employed to ensure that the engineering integrity of the Road is maintained, especially in areas of undulating topography, they may be reduced to balance the need for permeability and visual amenity where possible.
175. By way of illustration, the 8m retaining wall proposed to be integrated into the Road north of Jorgensen Avenue at its eastern interface will comprise a visually prominent structure that may undermine the landscape and amenity value of the proposed Road.
[Source: Technical Report G - Landscape Strategy, page 21]
176. The provision of retaining walls, some up to 8 metres in height, may result in a substantial impact upon the visual amenity of the area.
177. Council considers that measures should be adopted to consider the reduction of the size of retaining walls where possible.
178. During questioning, Mr Knight agreed that where a retaining wall could be reduced, visually permeable fencing or vegetation could be employed to offset its impact.
179. Irrespective of whether a particular wall is reduced or not, visually permeable steel railing and vegetation should be employed to minimise impacts of retaining walls upon the surrounding area.
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180. Further, the impacts of the visual bulk of retaining walls can be ameliorated through the integration of sensitive and considered public art, in compliance with the Landscape Strategy and EPR LV1.
181. To achieve this, Council submits that the EMF should be updated to require the preparation of a Retaining Wall Plan, prior to the commencement of works. The Retaining Wall Plan would detail colours, texture and public art inclusions for consideration by City of Whittlesea and the Shire of Nillumbik.
182. Council supports the inclusion of public artworks at key locations like intersections within the project.
183. To achieve this, Council submits that the Proponent should consider the involvement of public artists and Council art officers in the design process, to identify more opportunities for meaningful art contributions.
184. Considering the extent of retaining walls proposed to be integrated into the Project, Council considers the provision of a Retaining Wall Plan, in cooperation with the Landscape Strategy, will ensure that impacts on landscape values are minimised and otherwise enhanced.
185. Further, the preparation of a Public Art Strategy would consider and implement community sentiments around locally related, environmentally sensitive and native themed public art works. Artworks should be durable enough to minimise maintenance requirements and maximise longevity in the landscape.
186. Prior to finalisation and commissioning of the public artwork, it is recommended that the EPRs be amended to include a Public Art Strategy be prepared by the Proponent and submitted to Council and Nillumbik Shire Council for comment and approval, ensuring that the outcomes are consistent with Council-adopted public art guidelines and polices.
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PASSIVE AND ACTIVE OPEN SPACE
Policy Framework
187. There exists strong policy support both with the Scheme and Council’s policies to maintain or otherwise enhance its open space. The need to not only maintain but enhance open space along Yan Yean Road should remain a priority for the Project.
188. The objective of clause 19.02-6S of the Scheme is to ‘establish, manage and improve a diverse and integrated network of public open space that meets the needs of the community’. The objective of this provision can only be achieved if the open space network within the Project Area is established, managed and improved.
189. Further, clause 19.02-6S seeks to achieve that objective by a number of means, most relevantly to this Project:
a) Create opportunities to enhance open space networks within and between settlement;
b) Ensure that land is set aside and developed in residential areas for local recreational use and to create pedestrian and bicycle links to commercial and community facilities;
c) Improve the quality and distribution of open space and ensure long-term protection;
d) Ensure land identified as critical to the completion of open space links is transferred for open space purposes;
e) Ensure that where there is a reduction of open space due to a change in land use or occupation, additional or replacement parkland of equal or greater size and quality is provided;
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f) Ensure that urban open space provides for nature conservation, recreation and play, formal and informal sport, social interaction, opportunities to connect with nature and peace and solitude;
g) Ensure open space provision is fair and equitable with the aim of providing access that meets the needs of all members of the community, regardless of age, gender, ability or a person’s location;
h) Provide new parkland in growth areas and in areas that have an undersupply of parkland;
i) Encourage the preparation of management plans or explicit statements of management objectives for urban parks;
j) Ensure exclusive occupation of parkland by community organisations is restricted to activities consistent with management objectives of the park to maximise broad community access to open space;
k) Ensure the provision of buildings and infrastructure is consistent with the management objectives of the park.
l) Plan open space areas for multiple uses, such as community gardens, sports and recreation, active transport routes, wildlife corridors and flood storage basins.
190. Within the Local Planning Policy Framework, clause 21.12-1 seeks to sure that:
There is a need to provide community facilities to meet the needs of the growing population. Council supports the development of multi-purpose community facilities which are adaptable and encourage integrated service provision. The size and function of community facilities are designed and located to reflect its role in the hierarchy.
191. Council’s Open Space Strategy (Open Space Strategy) seeks to reinforce the importance of open space within the municipality, and establishes objectives to
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ensure that open space provided is managed and enhanced for the benefits of residents within and beyond its boundaries.
192. The Open Space Strategy seeks to achieve this by:
a) Improving the linear open space network;
b) Improving the quality of open space;
c) Providing for additional open space;
d) Protecting and improving biodiversity values;
e) Ensuring environmental sustainability;
f) Promoting cultural significance; and
g) Directing the provision of open space contributions.
193. The Reserve is located within the Mernda-Doreen precinct, which is not specifically considered within the Open Space Strategy.
194. To the extent that Council considers that the Reserve is intended to service an area of the municipality which is anticipated to experience substantial population growth, it considers that the IAC should have regard to the Open Space Strategy’s broad objectives in conjunction with the more specific guidance within the Scheme referred to above.
195. A copy of the Open Space Strategy is included as Attachment 2 to these submissions.
196. Further, the Mernda Strategy Plan provides context for the importance of the Reserve. The Project corridor within the Council is located within ‘Precincts 2A and 2B’ of the Mernda Strategy Plan.
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Recreation Reserve
[Source: Mernda Strategy Plan, page 35]
197. The Mernda Strategy Plan establishes a hierarchy of local and regional active recreation facilities.
198. The Reserve itself is noted in the Mernda Strategy Plan, and additional active recreation reserves, located in Precincts 2A and 2B are located at Eminence Boulevard, Doreen and Orchard Road, Doreen.
199. The active recreation reserve at Eminence Boulevard, Doreen has been constructed and is located approximately 2 kilometres north-west of the Reserve.
200. The proposed active recreation reserve at Orchard Road has not been constructed. Once constructed, it will be located approximately 1.7 kilometres south-west of the Reserve.
201. The Mernda Strategy Plan provides for the construction of a regional active recreation reserve near the Mernda Town Centre - approximately 3.96
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kilometres west of the Yan Yean Road/Bridge Inn Road intersection. Delivery of this reserve has also been delayed.
202. The Project comprises a unique opportunity to ensure that its impacts can manage and, importantly, enhance its surrounding land uses. Council considers that the Project itself has the opportunity to contribute to the accessibility and visibility of its open space network.
203. Accordingly, it is important that significant impacts upon Council’s open space are properly managed.
Acquisition of Public Open Space and Sporting Facilities
204. The upgrade of Yan Yean Road to respond to the significant population growth expected to occur within the Project requires careful consideration of its impacts on those uses adjoining the arterial road and beyond.
205. The undeniable challenge in the treatment of the Yan Yean Road/Bridge Inn Road intersection rests in its balance of managing existing and establishing uses with the construction and operation impacts of the Project.
206. Council submits that it is this interaction that necessitates the sensitive and comprehensive management of the intersection, regardless of the design option chosen.
207. Council considers that Option C is the only option advanced by the Proponent that is capable of achieving the objectives of the Scheme and Council’s own policies.
208. However, if the IAC is minded to recommend that the MPD be advanced as the appropriate response to the Yan Yean Road/Bridge Inn Road intersection, Council considers that further measures should be integrated in the EMF to ensure that its impacts can be managed and mitigated.
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209. The Yan Yean Road/Bridge Inn Road intersection is unique along the length of the Project area in its convergence of elements of commercial, open space, social, heritage and business importance.
[Source: EES Chapter 10 – Figure 10.1]
210. In evidence, Mr Barlow agreed that the intersection is unique along this stretch of the Project area, and considered that, insofar as the proposed EPR LU3 seeks to establish a process to define the future use of surplus land parcels within the area, it should seek to respond to the existing business, open space, heritage and social elements.
211. The Proponent’s preferred MPD would involve significant land acquisition from the Reserve, rendering Doreen Recreation Reserve Master Plan 2014 (Reserve Master Plan) redundant.
212. Section 7 of Technical Report D in the EES notes that the land acquisition affecting the Reserve impacts both the proposed tennis courts, the proposed
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community building, car parking and the cricket oval as outlined in the Reserve Master Plan.
213. The report concludes that this requires a re-design of the Reserve Master Plan, and comprises a change to open space used by the community.
214. Notwithstanding, the acquisition is considered in the report to have a “medium” impact.
215. Council officers have met with the Proponent to discuss the impacts on the reserve and have received informal advice that one of the surplus parcels of land created by the realignment of Yan Yean Road could be incorporated with the remaining reserve land in order to deliver the sporting facilities outlined in the masterplan. However, the re-design of the masterplan and the availability of the surplus parcel of land for community use is not reflected in the Incorporated Document prepared for the Amendment.
216. As such, actioning the proposal as outlined by the Proponent in informal discussions will present a considerable challenge for Council and the community if the Amendment documents are approved as exhibited.
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Doreen Recreation Reserve
217. Council remains concerned that the proposed MPD will result in unacceptable and lasting impacts on the Reserve, which located at 915-925 Yan Yean Road, Doreen on the north-west corner of the intersection between Bridge Inn Road and Yan Yean Road.
[Source: Nearmap, aerial dated 8 November 2020]
218. The Reserve plays an important role in the community as an overflow cricket pitch and pre-season football ground for existing large clubs within the area that are outgrowing their facilities.
219. Council’s ‘Planning and Infrastructure’ goal in its Council Plan 2017-21 (Council Plan) is that:21
Council will ensure sustainable, timely and quality development of our municipality while improving the range of recreational opportunities for residents and quality development visitors.
21 City of Whittlesea Council Plan 2017-21, Page 16.
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220. To achieve this, the Council Plan seeks to apply the following key strategies:22
a) Provide a range of recreational opportunities
b) Control density and ensure sustainable, timely and quality development.
221. Council adopted the Reserve Master Plan in 2014.
222. The Reserve Master Plan was prepared and adopted in the knowledge that both Yan Yean and Bridge Inn Roads would inevitably be upgraded.
223. The Reserve Master Plan was prepared to:
a) Provide for a central cricket pitch and over for passive and ‘non- competitive’ active recreation;
b) Provide for adequate car parking;
c) Provide for the redevelopment of:
(i) public tennis courts;
(ii) a ‘playspace’;
(iii) a public gathering space; and
(iv) a proposed community building envelope, to replace the Doreen Community Hall which was removed in 2015.
224. Importantly, the Reserve is encumbered by an electricity transmission line easement (ETE). In preparing the Reserve Master Plan, Council consulted with AusNet, the beneficiary of the ETE, to ensure that any use or development of the Reserve is not prohibited.
22
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225. The ETE comprises a significant constraint on the use and development of the Reserve, the consideration of which formed a significant part of Council’s assessment of how the Reserve should be treated in accordance with the Reserve Master Plan.
226. The following factors were considered by Council in confirming the treatment of the Reserve in the Reserve Master Plan:
a) Advice from AusNet that the following uses were permitted within the ETE:
(i) Sporting activities at ground level, such as football, cricket, golf, basketball and netball subsequent to AusNet requirements and approval in respect of fences, goals and light;
(ii) Tennis courts on:
(A) 220 kV easements, provided that earthed metal net posts are used;
(B) 500 kV or 330 kV easements subject to AusNet requirements and approval;
(iii) Non-metallic fences up to 3 metres in height, or metallic fences provided that are earthed and sectionalised to AusNet’s satisfaction;
(iv) Trees and shrubs no more than 3 metres in height;
b) Advice from AusNet that houses, other buildings and structures, including eaves, awnings, canopies, shelters and the like, were prohibited within the ETE
227. Indeed, the Reserve Master Plan accounts for those considerations.
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[Source: Doreen Recreation Reserve Master Plan 2014]
228. Mr Barlow gave evidence that the Reserve would only be used for ‘non- competitive’ recreation, and accordingly, a reduction in the useable space for the Reserve was appropriate in those circumstances.
229. However, this understanding is incorrect.
230. Mernda Football Club, Laurimar Football Club, Mernda Cricket Club, and Laurimar Cricket Club all use the ground. The delay in delivery of other nearby sporting reserves has resulted in a greater need for overflow facilities such as Doreen Recreation Reserve to accommodate growth in participation in the area.
231. Winter cricket is also played at the Reserve, and other community groups regularly request to book the ground on an informal basis. This is important as the municipality does not have many grounds available for this type of community use. Other existing grounds are mostly allocated to sporting clubs in a seasonal capacity.
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232. The future use of the Reserve will be significantly altered by the Project, irrespective of the design option recommended and constructed. Population growth within both the municipalities of Whittlesea and Nillumbik will undoubtedly increase the demand for useable open space in the region, which Mr Barlow agreed with during cross-examination.
233. To the extent that use of the Reserve is expected to increase as a result of the Project, Council considers that the provision of appropriate space to utilize the Cricket Oval for club overflow, as well as for any sporting clubs into the future, must be an essential consideration in any revision to the Reserve Master Plan.
234. The public tennis courts at the Reserve are significant, and moreover necessary, due to the shortfall of both club and public tennis facilities in the south eastern section of the municipality.
235. Game, Set, Match: Feasibility Study for Tennis in Whittlesea’s North Eastern Growth Corridor 2018 – 2041 has recommended that the tennis facilities at Reserve should be retained and maintained to support the growing trend of social and informal participation.
236. The origins of the Reserve date back to 1908 when the 5-acre site was leased to Leslie Woodbourne Clarke, Raymond Leonard Reid and William Christian on 5th February as trustees for the Doreen Recreation Ground and Hall. The vision was to provide a community reserve at the crossroads of Doreen. In the same year, the Doreen Hall was constructed.
237. Today, the Department of Environment, Land, Water and Planning owns the land and Council has managed the land under a ‘Committee of Management’ agreement since 1998.
238. The Reserve Master Plan provided for the demolition of the Doreen Hall, which has made it possible for the acquisition of land for the upgrade of the Bridge
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Inn Road/Yan Yean Road intersection. The Doreen Hall had been unused for some time due to safety concerns.
239. In developing the Reserve Master Plan, Council made assumptions about the land that would be required to facilitate the widening of the Bridge Inn Road and Yan Yean Road intersection. However, all of the design options considered in this project require additional land, to varying extents, beyond that originally identified.
240. The extensive consultation for the masterplan process showed that Reserve has a rich history, incorporating the spirit and involvement of the Doreen community for more than 100 years, coupled with a desire for the provision of a versatile and high-quality space to meet the demands of population growth and residential development within the municipality.
241. Although data establishing use of the Reserve by residents of Nillumbik Shire Council has been unable to be provided, it is understood that residents in the adjoining municipality enjoy use of the Reserve, and should be afforded that ability into the future.
242. The 21 points noted on the Reserve Master Plan comprise a commitment to the community as a result of consultation, to provide improved facilities at the reserve as, in some senses, compensation for the removal of the original Doreen Hall.
243. The delivery of the improvements inherent in the Reserve Master Plan is expected to significantly increase use of the site in the future. The condition of supporting amenities and current closure of the public toilets limit current potential for use. Notably, the site does not have female friendly amenities which is another factor that limits its use in its current condition.
244. Council has previously stated a preference for Option C, given it represents a far more appropriate outcome with respect to the current intersection context. In
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Council’s view, Option C results in manageable impacts on the Reserve, subject to further assessment and design changes.
Revised MPD Master Plan
245. In his expert report, Mr Knight provided a concept master plan for the Reserve providing for a proposed layout for the MPD (MPD Reserve Master Plan).23 The Proponent circulated Technical Note 9 on 6 December 2020, overlaying the ETE for illustrative purposes.
[Source: Technical Note 9 – Doreen Recreation Reserve, page 3]
246. The MPD Reserve Master Plan proposes the reconfiguration of the Reserve, including the addition of a 3,700 sqm. surplus land parcel. Further the MPD Reserve Master Plan proposes:
a) A total reserve size of 18,600 sqm, including the 3,700 sqm surplus land pocket;
23 Tabled Document 19 dated 23 November 2020.
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b) An amended cricket pitch with a maximum radius of 50m (approx. east- west) and minimum radius of 36m (approx. north-south);
c) The retention and relocation of the:
(i) Tennis courts;
(ii) Public gathering space;
(iii) Play space;
(iv) Proposed community building, including public toilet;
(v) Car parking; and
(vi) Landscaping.
247. Council considers the proposed MPD Reserve Master Plan to be inadequate for a number of reasons:
a) The proposed size of the cricket pitch is wholly inadequate. The ability to accommodate for competitive and overflow cricket and AFL in the future is significantly compromised, noting that the Cricket Australia Community Cricket Facility Guidelines provide that the minimum size pitch for Under 12s is 40m, and more for any levels of competition higher;24
b) Passive surveillance opportunities to the car parking area are reduced. Similarly, the MPD Reserve Master Plan configuration does not provide a clear line of sight from the car parking area to the playground, gathering space and community building;
c) The development of proposed structures within the ETE, as they currently stand, do not appear to comply with the advice provided by AusNet when the Reserve Master Plan was approved.
24 Community Cricket Facility Guidelines (Cricket Australia, September 2015) page
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248. Where the Project will inevitably comprise a ‘reduction of open space due to a change in land use or occupation,’ it cannot be said that replacement open space ‘of equal or greater size of quality’ will be provided with the MPD. Council considers that the MPD will comprise a diminution of the Reserve that is unsuitable and unreasonable relative to the significant accommodations provided elsewhere in the Project.
249. The impacts of the MPD upon the Reserve will constitute a significant negative impact to the community.
250. If the MPD is the option preferred by the IAC, we recommend the following factors be considered within the design and the EMF, including the Incorporated Document:
a) The augmenting of the Reserve with surplus GWZ land to the west of the proposed Yan Yean Road alignment (as proposed by the Proponent in informal discussions and suggested by Mr Barlow in evidence) will trigger a planning permit under the Nillumbik Planning Scheme - unless the proposal is conditioned in the GC92 Incorporated Document.
b) With respect to the significant impact on the Reserve from the MPD “attenuation” is the only measure committed to in the exhibited EES documents. The matter of “attenuation” is deferred to the project phase. The documents should be revised to note the Proponent’s role at the pre- development phase in consulting with the community and Council on the revision of the masterplan, to ensure that all facilities proposed in the 2014 masterplan can be accommodated following the construction of the intersection.
c) Given the significant impacts inherent in the extent of land acquisition required by the MPD, the net result would be an un-usable Reserve. By reference to clause 19.02-6S, the treatment of the Reserve would neither maintain nor enhance of its important role as active open space.
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251. As such, the Proponent also should implement a revised Reserve Master Plan that will deliver replacement facilities. The provision of facilities within the Reserve in the MPD Reserve Master Plan must be substantially reconsidered and amended as it currently stands.
252. To the extent that its residents can and will benefit from the Reserve, the Shire of Nillumbik should also be engaged on this matter, as the part of the land used to augment the reserve area would be located within the municipality.
Option C Reserve Master Plan
253. Additionally, Mr Knight provided a further concept master plan for the Reserve providing for a proposed layout for Option C (Option C Reserve Master Plan).25
[Source: Technical Note 9 – Doreen Recreation Reserve, page 4]
254. Council considers that the EPRs are constantly evolving as part of the hearing.
25 Tabled Document 19 dated 23 November 2020.
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255. The Option C Reserve Master Plan proposes the reconfiguration of the Reserve, including:
a) A total reserve size of 17,300 sqm;
b) Cricket pitch with a radius 50 metres;
c) The retention and relocation of the:
(i) Tennis courts;
(ii) Public gathering space;
(iii) Play space;
(iv) Proposed community building, including public toilet;
(v) Car parking; and
(vi) Landscaping.
256. To the extent that the MPD Reserve Master Plan provides for a larger Reserve, Council considers that the appropriate sizing of the cricket pitch is of paramount importance, especially where inadequate sizing would compromise the Reserve’s ability to accommodate competitive cricket.
257. Further, Council considers the 3,700 sqm surplus land pocket provided as car parking and landscaping in the MPD Reserve Master Plan does not comprise useable open space. The provision of car parking in the Option C Reserve Master Plan re-establishes passive surveillance opportunities afforded by the existing Reserve Master Plan.
258. The proposed Option C Reserve Master Plan comprises an outcome that, in Council’s view, provides for open space of equal quality.
259. Insofar as several structures and spaces appear to traverse the ETE, Council considers that through further refinement of the Option C Reserve Master Plan,
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LAND ACQUISITION AND PLANNING SCHEME IMPACTS
260. Many aspects relating to land acquisition and its associated impacts have been addressed through the submissions.
261. Council considers that the Amendment, including the EMF, EPRs and the Incorporated Document should be drafted to minimise the impacts.
262. However, Council considers that avoidance of impacts within the Project design should be pursued in the first instance.
263. Council considers that the EPRs are constantly evolving as part of the hearing.
264. Several experts that have been called and relied upon by the Proponent have made recommendations, and as of the date of these submission, the EPRs currently before the IAC comprise ‘Version 2’. Council considers various recommendations as part of these submissions.
265. Further, Council is yet to consider the oral submissions of a number of its residents and stakeholders.
266. As such, Council intends to provide a mark-up of the EPRs as part of its closing submissions, or earlier if appropriate, providing for a final set of EPRs and the Incorporated Document, upon which the IAC can consider Council’s final position.
CONCLUSION
267. The IAC needs to be satisfied that the Project can be constructed in a way that achieves an acceptable level of environmental outcome.
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268. While Council considers it is necessary, several modifications to the Project are necessary to ensure its environmental impacts are effectively balanced with its construction and function.
269. As the material before the IAC currently stands, Council submits that the Project’s benefits are potentially outweighed by the environmental consequences, particularly in relation to traffic and transport impacts, unacceptable land use, social, and business impacts, and possible impacts on landscape and ecology, including the Swift Parrot.
270. Should the IAC be minded to recommend approval of the Project, Council considers that the recommendations advanced in these submissions will achieve an acceptable and more preferable outcome.
271. Of course, we would welcome any questions from the IAC in respect of Council’s position or any material referred to throughout these submissions.
8 December 2020
Charlie Wurm Maddocks Lawyers
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ATTACHMENTS
Attachment 1 Mernda Strategy Plan
Attachment 2 City of Whittlesea Open Space Strategy
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