7.10 Draft Yarra Strategic Plan

Council Agenda 28/10/19

Abstract

The purpose of this report is to seek Council’s endorsement of the draft Yarra Strategic Plan (YSP) (Confidential Attachment 1) prepared by Melbourne Water (MW) (lead agency) in consultation with the Yarra Collaboration Committee (YCC) (Confidential Attachment 2), for consultation purposes.

The Yarra River Protection (Willip-gin Birrarung murron) Act 2017 (the Act) recognises Traditional Owners’ custodianship of the Yarra River, Birrarung, and identifies the river and its lands as one living, integrated natural entity for protection and improvement.

The passing of the Act signalled an important shift in the way the Yarra River corridor is managed and protected. The Act provides an overarching policy and planning framework that seeks to integrate activities and coordinate decision-making for the Yarra River.

The City of Boroondara is one of 15 responsible public entities covered by the Act.

The Act requires a range of actions including the development and implementation of a YSP as the overarching policy and planning framework for the Yarra River and land in its vicinity.

The plan has been developed by a governance group made up of the 15 state and local agencies who manage the Yarra River corridor, and senior representatives from the Wurundjeri Woi wurrung Cultural Heritage Aboriginal Corporation. This group, known as the YCC, has met on 18 occasions to inform the content and drafting of the plan. The process has been facilitated by MW, as lead agency for the development of the YSP, on behalf of government.

Boroondara staff have provided input to the draft YSP via representation on the YCC, and via a number of workshops with core staff and the executive leadership team during the plan’s development.

The draft YSP is the first integrated river corridor strategy. It identifies immediate actions for the river, enables long-term collaborative management between agencies and Traditional Owners, and guides local planning.

To help guide our activities in the Yarra River corridor,10 year performance objectives have been identified. These objectives represent the key changes that are being prioritised for the river.

The draft YSP is well aligned with Boroondara’s environmental objectives, and supports a number of the key themes to emerge under the Boroondara Community Plan.

In the next 10 years, the plan will enable a more coordinated approach to investment on Yarra River land to ensure that we deliver greater value from our investments and achieve broader benefits for the river and the community.

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Formal endorsement of the plan by the 15 responsible public entities will help achieve these outcomes. Formal endorsement is scheduled to occur in October 2019 to enable public consultation to commence in late 2019. Once endorsed by all partner agencies and the Ministers responsible for these portfolios, the draft YSP will be available for public comment.

Following public consultation, the YSP will be finalised and presented back to the 15 organisations for endorsement. The final plan will then go through Ministerial approval.

Confidential information is contained in Confidential Attachments 1-5, as circulated in the confidential section of the agenda, in accordance with Section 89(2) of the Local Government Act 1989, as the premature disclosure of the information could be prejudicial to the interests of Council or other persons. This item has been included in the public agenda to facilitate transparency and accountability in Council’s decision making.

If discussion of the information in the Confidential Attachments to this report is required in order for Council to make a decision, this item will be deferred to the confidential section of the agenda.

Officers' recommendation

That Council resolve to:

1. Endorse the draft Yarra Strategic Plan (Confidential Attachment 1) prepared by Melbourne Water (lead agency) in consultation with the Yarra Collaboration Committee (Confidential Attachment 2), for consultation purposes.

2. Write to Melbourne Water (lead agency) responsible for the development of the draft Yarra Strategic Plan advising of Council’s endorsement.

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Responsible director: Charles Turner Acting Director Environment and Infrastructure ______

1. Purpose

Once public feedback has been received, the draft plan will be revised before being presented back to Council for final endorsement.

2. Policy implications and relevance to community plan and council plan

The draft YSP is consistent with strategies contained within the seven priority themes that emerged from the Boroondara Community Plan, and now form part of the Council Plan 2017-2021. These include:

 Your Community, Services and Facilities  Your Parks and Green Spaces  The Environment  Neighbourhood Character and Heritage  Getting Around Boroondara  Your Local Shops and Businesses  Civic Leadership and Governance.

Implementation of the YSP will also deliver a range of community health and wellbeing benefits consistent with the Boroondara Public Health and Wellbeing Plan, and complement the delivery of Council’s adopted Integrated Water Management Strategy and Urban Biodiversity Strategy.

3. Background

The draft YSP is scheduled to be released for public consultation in late 2019.

Prior to public consultation, the Act requires the plan be endorsed by each of the responsible public entities, including Boroondara.

Boroondara staff have provided input to the draft YSP via representation on the YCC, and via a number of workshops with core staff and the executive leadership team during the plan’s development. The process has been facilitated by Melbourne Water (MW), as lead agency for the development of the YSP, on behalf of government.

Yarra River Protection (Wilip-gin Birrarung murron) Act 2017

The Act recognises Traditional Owners’ custodianship of the Yarra River, Birrarung, and identifies the river and its lands as one living, integrated natural entity for protection and improvement.

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Key elements of the Act

The Act aims to:  provide for the declaration of the Yarra River (and certain public land in its vicinity) as one living and integrated natural entity  set out Yarra Protection Principles, including general, environmental, social, recreational, cultural and management principles  prompt the development of a long-term community vision (Confidential Attachment 3)  provide for the development and implementation of a YSP as an overarching policy and planning framework for the Yarra River and land in its vicinity  establish the Birrarung Council to report to the Minister for Water on the development and implementation of the plan and act as the ‘voice of the Yarra River’  require regular reporting by the Commissioner for Environmental Sustainability on the environmental condition of the river and its parklands  provide for the declaration of Yarra River land and the Greater Yarra Urban Parklands.

Responsible public entities

Responsible public entities are outlined in the Act and include:  the Department of Environment, Land, Water and Planning (DELWP)  Melbourne Water (MW)  Victorian Planning Authority (VPA)  Port Phillip Westernport Catchment Management Authority  Department of Transport (VicRoads & VicTrack)  Parks Victoria  Eight local governments (Melbourne City Council, Boroondara City Council, Nillumbik Shire Council, Stonnington City Council, Manningham City Council, Banyule City Council, Yarra Ranges Shire Council, Yarra City Council).

Land declarations

To guide and manage activities on public and private land, the Act designates three categories of land to which the YSP applies:

Yarra River land Yarra River land covers Crown land within 500 metres of the Yarra River’s banks. It includes the bed, soil and banks of the Yarra River, but excludes land owned by municipal councils. Additional Yarra River land may be declared at any time by the Governor in Council on the recommendation of the Minister.

Greater Yarra Urban Parklands Yarra River land parcels that are designated for recreational use and within Melbourne’s urban growth boundary are known as the Greater Yarra Urban Parklands. This designation does not affect the status of ownership or management of the land.

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YSP area This area includes land of any kind located within one kilometre of the banks of the Yarra River. Some areas are defined as excluded land.

Obligations for responsible public entities

Each of the responsible public entities:  must have regard to the Yarra Protection Principles when performing functions or duties or exercising powers in relation to Yarra River land  must not act inconsistently with any part of a YSP that is expressed to be binding when performing a function or duty or exercising a power under the Act in relation to Yarra River land  must have regard to those parts of the YSP not expressed to be binding  must prepare an annual report on their implementation of the YSP. This report will include actions and projects delivered towards the plan’s performance objectives.

The YSP

What is the YSP? The Act requires development of the YSP to provide a single, integrated plan for collaborative management of the river corridor. As a 10 year strategy, the YSP will set the foundation for achieving the Yarra River 50 Year Community Vision.

The YSP will not replace other policies and plans made under statutes such as the Planning and Environment Act 1987, the Environment Protection Act 1970 and the Water Act 1989. Instead the plan identifies immediate actions for the river, guides local planning and will enable long-term collaborative management of the river corridor by agencies and Traditional Owners.

MW is leading the preparation of the YSP on behalf of the Victorian Government.

Once the final YSP is released, the Minister for Water will nominate a lead agency for the implementation of the plan.

Where does the YSP apply? The draft Yarra Strategic Plan applies to the Yarra Strategic Plan area as defined by the Act. It also gives special consideration to lands declared as Yarra River land and Greater Yarra Urban Parkland.

Land excluded from the YSP includes the Port of Melbourne (as defined in the Port of Melbourne Act 1995), and any land listed in Schedule 5 of the Catchment and Land Protection Act 1994.

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What does the Act require from the YSP?

A strategic framework for the plan The Act outlines the strategic framework for the YSP and requires that the plan:

 contain the Yarra River 50 Year Community Vision  include performance objectives  identify regional infrastructure networks  identify projects for the protection and improvement of Yarra River land  set out a narrative for the river  include a decision-making framework  state parts of the YSP that are intended to be binding  contain a land use framework for the YSP area that: o creates a spatial structure for future use and development o identify areas for protection.

Endorsement of the draft YSP The act sets out that the draft plan must be endorsed by all responsible public entities.

As per the Act, the endorsement pathway for the draft YSP is:

1. The lead agency provides a copy of the draft YSP to responsible public entities for endorsement by them and by the Ministers responsible for those entities. 2. A Minister responsible for a responsible public entity may give written direction to the entity in relation to the endorsement of a draft YSP. 3. Once endorsed by responsible public entities and their respective portfolio Ministers, the lead agency must give a copy of the draft YSP to the Minister for Water for review and approval to release for public consultation.

Public consultation Once the draft is endorsed for public engagement, the Act requires public consultation for a period of at least 2 months. It is currently proposed that consultation on the draft YSP will occur for up to 3 months.

The lead agency must make a copy of all public submissions on the draft YSP available for public inspection at their office.

At the conclusion of the public engagement period, the lead agency will:  consider all submissions made to the lead agency, and  refer any submissions in relation to the land use framework plan that the lead agency does not fully adopt to a panel hearing.

Panel hearing and finalising the draft YSP Any submissions in relation to the YSP’s land use framework that the lead agency does not fully adopt will be referred to a panel hearing. The panel will consider the submissions that are referred to it and give any person who has made a public submission a reasonable opportunity to be heard.

Once completed, the lead agency must consider the panel report and prepare a revised YSP. This revised YSP will then follow the same endorsement process undertaken for the draft YSP.

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Once the final YSP is released, the plan and the community vision will be reviewed no later than 10 years after its commencement.

4. Outline of key issues/options

Key impacts on the City of Boroondara The plan recognises that a more collaborative approach to investment and decision-making is fundamental to achieving the vision for the Yarra River and protecting the Yarra against further decline in the face of climate change and population growth. The key impacts of the YSP on Boroondara are discussed below.

1. Identifying opportunities for annual investment on Yarra River Land.

As part of the development of the draft YSP Officers have tabled a range of projects and initiatives that Council is proposing which will help achieve the community vision. Most notably, $1M allocated in the 2019/2020 budget for stormwater management has been included in the draft YSP as a priority action. A further $500K has been included from Parks Victoria and City of Boroondara for biodiversity projects.

There is no expectation for Council to increase its level of funding to deliver these initiatives beyond what we have already committed. Rather, the YSP is seen as an opportunity for Council to highlight these existing commitments, help coordinate investment across all entities managing the river, and to attract grant funding to implement these and other initiatives in future.

2. Implementing the land use framework - Refer to Confidential Attachment 4

As Melbourne grows, it is important that the Yarra River is a central consideration in land use planning and development in the corridor.

The Act requires the YSP include a land use framework to guide future land use and development to ensure that activities within the corridor deliver on the performance objectives over the 10 years.

Key recommendations from Officers during the development of the YSP have included that:

 Any modifications to the planning scheme resulting from the YSP should be coordinated and managed at the state level. This will avoid duplication of effort and ensure a coordinated approach across councils.  The relationship between this framework and other incorporated documents relating to the Yarra River need to be rationalised and clearly communicated to all stakeholders.  The review of the currently implemented interim planning controls should be coordinated and managed at the state level to ensure consistency along the river corridor. The controls should be made permanent following this review.  The current range of policies applying to land use and development control should be consolidated with proposed policy to avoid repetition in planning permit application assessments.

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Officers from Council’s Strategic and Statutory Planning Departments are satisfied that the implementation of the land use framework will help guide better outcomes along the Yarra River and will not adversely impact on existing processes.

3. Implementing the decision making framework

The Act requires that the YSP contain a decision-making framework (DMF) to guide consistent decision-making across responsible public entities for projects and proposals relating to Yarra River Land. The DMF is still a working draft that will be refined and simplified with the YCC in coming months. The plan for public consultation contains a high level summary of the DMF to allow for its continued development.

4. Ongoing participation in the YCC - Refer to Confidential Attachment 2

The YCC was formed in 2017 to oversee the development of the YSP. This collaborative approach has ensured strong input from the nominated responsible public entities into the draft plan, and will facilitate an integrated and unified approach to managing the Yarra River into the future. The YCC is committed to continuing its work in support of whole-of-government decision- making for Yarra River land. This will likely require ongoing involvement/support from Boroondara staff.

5. Completing an annual report on the implementation of the YSP

One of Council’s roles will be to coordinate the development of an annual report. The annual report will be Council’s opportunity to demonstrate how we have met our obligations under the YSP. The annual reporting requirements are yet to be fully developed. Council will be required to submit the annual report to the lead implementation agency (yet to be nominated), for collation across all agencies and submission to the Birrarung Council (Confidential Attachment 5) for review.

5. Consultation/communication

As stated in Section 4, the plan has been developed by a governance group made up of the 15 state and local agencies who manage the Yarra River corridor, and senior representatives from the Wurundjeri Woi wurrung Cultural Heritage Aboriginal Corporation. This group, known as the YCC, has met on 18 occasions to inform the content and drafting of the plan.

The process has been facilitated by MW, as lead agency for the development of the YSP, on behalf of government.

As the lead agency overseeing the development of the YSP, MW has also engaged with Boroondara officers and the executive leadership team, which helped inform the draft YSP.

The formal endorsement process is scheduled to occur in October 2019 to enable public consultation to commence in late 2019. Once endorsed, the draft YSP will be available for public comment.

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To achieve the Act’s requirements for best practice public participation, it is anticipated that public consultation will run for up to three months and be designed in conjunction with the YCC.

Following public consultation, the reviewed YSP will be finalised and presented back to the 15 organisations for endorsement. The final plan will then go through Ministerial approval.

6. Financial and resource implications

Delivering the YSP will require Council to align our normal business to achieve the 10 year performance objectives and broader aspirations of the community vision.

This includes identifying opportunities for annual investment on Yarra River land, implementing the land use framework through planning decisions and completing an annual report on the implementation of the YSP.

These actions are expected to be delivered within existing resourcing, and councils are not expected to increase financial commitments beyond what is already planned.

The YSP has provided an opportunity for relevant agencies to showcase the already planned projects being delivered as ‘business as usual’ activity. Alignment of actions with the YSP is also expected to assist future grant funding opportunities.

7. Governance issues

Officers involved in the preparation of this report have no conflicts of interest.

It is envisaged that the proposed actions in this report present no actual or potential breaches of, or infringements upon, rights prescribed in Victorian Charter of Human Rights and Responsibilities.

It should be noted that to support the YCC, the Minister for Water will nominate one responsible public entity as the lead agency for implementation.

The lead agency will:

 Enable the YCC to implement the decision-making framework and deliver the 10 year actions  Draft the implementation plan in partnership with the YCC  Coordinate the development of a consolidated annual report, using information provided by each responsible public entity. They will then submit the report to the Birrarung Council.

8. Social and environmental issues

Aligning our collaborative management and land use planning to the YSP will ensure that we deliver greater benefits for the environment, connect our community to the rich heritage of the river, improve the quality of our parklands and ensure the natural beauty of the corridor is protected for future generations.

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9. Conclusion

The draft YSP is a first of its kind. As a ten year strategy, the plan will identify immediate actions for the river, enable long term collaborative management between agencies and Traditional Owners, and guide local planning.

Boroondara staff have provided input to the draft YSP via representation on the YCC, and via a number of workshops with core staff and the executive leadership team during the plan’s development.

The draft YSP is well aligned with Boroondara’s environmental objectives, and supports a number of the key themes to emerge under the Boroondara Community Plan.

In the next 10 years, the plan will enable a more coordinated approach to investment on Yarra River land to ensure that we deliver greater value from our investments, and achieve broader benefits for the river and the community.

Endorsement of the plan by Council will help achieve these outcomes.

Manager: Adam Hall, Environment & Sustainable Living

Report officer: Adam Hall, Environment & Sustainable Living

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