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Maribyrnong River Valley Vision and Guidelines – Draft for Consultation, April 2006 of land uses and level of public access that can be provided. The Port Environs Plan is also considering the need for a buffer between port activities and development on adjoining private land. Further detailed assessment is required of any proposals for new nodes or strips of activity to ensure their viability at specific sites. However as an indication, based on the above site selection criteria, the following locations have been identified as possible candidate sites for nodes of activity: 9 Cordite Avenue Bridge as part of the Maribyrnong Defence Site redevelopment 10 Downstream (eastern) end of Defence Site Maribyrnong, as part of its redevelopment. 11 Pipemakers Park, as part of a connection to the Highpoint Activity centre 12 Flemington Racecourse, near Farnsworth Avenue Bridge 13 Between Smithfield and Dynon Roads along the east bank of the river 14 Joseph Road/ Heavenly Temple precinct.

Consistent with the general objectives listed in Appendix A, those sections of the river between activity nodes, and the upper lengths in particular, should remain free of commercial and public facilities that generate intensive recreational activity.

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Existing conditions at potential node sites on the Maribyrnong

Fenix restaurant on the Yarra River

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Map 14: Trail network

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4.8 Trail network There is generally good trail access along the river bank in parts of the valley but there are a number of gaps where new paths are needed to create a continuous trail on both sides of the river. There are five pedestrian river crossings but more are needed. Opportunities for new river crossings to create loop trails and improve access, include: 1. Linking to an expanded area of open space in the Sunshine quarry area. 2. Linking Sunshine North with Avondale Heights 3. Linking the Steele Creek parkland and the future Defence Site Maribyrnong open space 4. Linking Edgewater Lake to Fisher Parade

It is also desirable to improve public access within the Footscray and Port lengths generally, on both sides of the river. There are, however, port operational and security concerns which currently prevent increased access to the riverbank in many port areas. The question of access is discussed further in section 8.2. There are also six road bridge crossings and two rail bridge crossings (excluding the trestle bridge). These are important opportunities for walking and bike crossings but in most instances, the walking access is very poor or non-existent. Installing stairs directly from the trail to the existing bridge footpaths would make these effective pedestrian crossings for only a modest cost. Also for a modest cost, the two rail bridges in the Footscray length could be made effective pedestrian crossings by attaching an outrigger walkway and stairs. (An example of this is the Rushall rail bridge over Merri Creek.) There is also a significant opportunity to create a trail network along the open space corridor at the top edge of the valley at Avondale Heights and Sunshine North. Moonee Valley City Council has already commenced design work on this in parts of Avondale Heights. There are a number of schools within one kilometre of the river and an upper level trail could provide bike access to these schools as well as for general commuting. Being on the upper level it would be less remote (and therefore be safer and feel safer) than the riverside trail. It would also be relatively flat and avoid the steep descent into and out of the valley. Where major urban intensification exists or is planned within the river valley, such as at the Highpoint Activity Centre/Defence Site Maribyrnong, then good road links should be planned and made between the urban centre and the recreational attractions of the river. A management plan is needed to limit unwanted trail users – for example, trail bikes bringing noise and danger to walkers, and horses bringing weeds in their manure to the upper reaches. Measures could include legislative penalties and/or restrictive landscape devices.

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Map 15: Valley access

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4.9 Valley access Access to the upper lengths of the river for people who want to walk generally depends on the motor car. There are limited opportunities to access the valley using local bus services in the middle and upper lengths. Significant parts of the valley are within a five kilometre bike ride of a railway station. Bike access combined with train is good in the lower lengths but poor in the upper lengths. There is good potential for bike links to the valley from the Sydenham rail line. Tram routes cross or come close to the river at a number of places in the lower lengths.

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Map 16: Lengths of the river

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5. Preferred character This study is based on identifying character types – in this case river valley character types – and identifying what aspects of that character should be reinforced or conserved, what aspects should be repaired, and where a new character should be created. Determining the preferred character is based on community values and planning objectives. The general approach to managing character is to reinforce the valued characteristics that are particular to the river in its entirety and to particular ‘lengths’. In order to understand the impact of changes along the river valley, these lengths have been defined as shown on Map 16. Each length comprises one or more ‘reaches’ or segments which share similar characteristics. Within the study area for the guidelines these reaches are grouped into seven lengths: 1. Brimbank 2. Avondale Heights 3. Steele Creek 4. Maribyrnong 5. Racecourse 6. Footscray 7. Port. The lengths provide a starting point for identifying preferred character and developing specific river health, landscape, development, access, use and heritage objectives. Along the whole length of the river valley, seven lengths with distinctive characteristics have been identified.

5.1 The potential of the lengths

Brimbank Park length The naturalistic and remote character of this length is its most valued characteristic. Work carried out by park staff in pest plant control and revegetation has restored much of the natural feel of this length. The park caters for a vast array of users and plays an important part in the recreation opportunities for the people of the west and north-west. There is a need to continue striking a balance between recreation and conservation/revegetation outcomes. There is a need to control urban intrusions in order to maintain the uninhabited and remote feel of the length.

Avondale Heights length The naturalistic and remote character of this length is its most valued characteristic. Part of this length includes areas that have an uninhabited feel. This character is under threat, facing significant change from recently approved development taking place. There is potential to reinforce the characteristics by ensuring new development is landscaped to create a more ‘natural’ or naturalistic condition.

Steele Creek length All of the public open space is in the form of urban parkland with some ‘natural bush’ areas. Some of the parkland is little more than mown grass. Downstream of Cordite Avenue Bridge to the ‘horseshoe bend’, the river is in a relatively natural setting with an absence of beaching on the Defence Site Maribyrnong side. On the Avondale

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Heights side a combination of raised terraces and escarpments are not developed and retain a natural quality. With the proposed redevelopment of the Defence Site Maribyrnong and redevelopment of the Highpoint Activity Centre, there are opportunities to enhance the urban river setting of this length, including conservation measures, secluded riverbank settings and creation of significant areas of public open space within the valley.

Maribyrnong length All of the public open space is in the form of urban parkland with minor ‘natural bush’ areas. There are numerous sporting and tourist facilities. Riverside boulevards and formal shared paths along both banks take on a promenade function in the locations with more pedestrian activity.

Racecourse length This is an open flat landscape typical of river floodplains. The vast, open scale of the landscape is its defining feature and valued characteristic.

Footscray length Along this length there is a strong urban river setting with commercial fishing, ship repairs and tourist boating. There is an active river edge – access road, goods rail line, wharves and jetties. There are numerous bridge crossings – a freight rail line and a pedestrian bridge over a historic stock crossing forming the northern boundary of the length. A spectacular aspect – day and night – is the view to Swanson Dock. There is potential for further mixed use urban intensification on both sides of the river. This could entail new advanced manufacturing, service and employment intensive industries.

Port length Along this length there is a strong working river with commercial fishing, ship repairs, tourist boating, chemical storage and container ports. There is an active working river edge – access road, goods rail line, wharves and jetties. The rail line alongside the river (currently not used) extends south into the port, branching off from the Footscray rail line further north. A spectacular aspect – day and night – is the view to Swanson Dock. As in the Footscray length, there is potential for further mixed use urban intensification that could include new advanced manufacturing, maritime, service and employment intensive industries. The current port environs planning process is relevant to the Footscray and Port lengths (refer to section 4.7).

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5.2 Preferred character The vision (section 2.4) sets out some elements common to the whole river: o a healthy river o a continuous network of open spaces and cultural landscapes o a river that provides a range of recreation experiences o a river that supports indigenous vegetation and fauna. The different characters identified for different lengths of the river reflect its journey from a natural river to a working river. Considering the existing pattern of development and valued characteristics, Table 1 sets out six preferred characters for the river. These characters are generally applicable to a length. The identified characters are not fully achieved along all parts of the river. Based on the analysis and identification of the seven distinct river lengths, six related preferred character types have been developed.

Table 1: Preferred character of lengths Length Preferred character

Brimbank length Natural river Natural values dominate and there is a Kealba, Keilor, Keilor East sense of seclusion and remoteness. There is integrity to the experience of the overall Avondale Heights length landscape and development is not visible Sunshine North, Braybrook, Avondale Heights from the river side path. upstream of Canning Street Steele Creek length Secluded river Landscape values predominate. Building Maribyrnong upstream of Afton Street, development is generally well set back Essendon West, Avondale Heights from the river to create a secluded downstream of Medway Golf Course landscape corridor. Buildings are mostly not visible from the riverside path. There may be discrete nodes of recreational facilities along the river. Maribyrnong length Suburban river A range of recreational uses and parkland Maribyrnong upstream of Fairbairn Park, close to the river and a mix of secluded Essendon West, Avondale Heights public open spaces and relatively intense downstream of Afton Street Bridge recreation use with tight nodes of settlement on the river. Buildings may be visible but may be screened from the river by park trees at the interface with public open spaces. Racecourse length River flats A broad, flat, open landscape with Maribyrnong downstream of Raleigh Street settlement generally some distance back and including Newells Paddock, Ascot Vale from the river, but with discrete nodes of West, Flemington and Kensington (Hobsons settlement on the river. Development is Road area) clearly visible but mostly appears at a distance and may be screened by park trees at the interface with public spaces. Footscray length Urban river The industrial and working heritage of the Footscray, West river dominate. The river is a place for activity and urban life. Urban settlement defines the river corridor. Port length Working river Shipping and industrial activity dominate Footscray, Yarraville, West Melbourne, Coode the river. Urban settlement defines the river Island corridor.

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5.3 Developing guidelines to achieve preferred character A preferred character has been identified for each length of the river and for some issues, this will mean that different outcomes need to be achieved for different lengths in order to reinforce the identified character and respond to opportunities and threats. However, there are still some general objectives that will apply along the whole length of the river – these general objectives support general guidelines. The different outcomes that are appropriate in the different lengths or specific locations require area-specific guidelines. In the following section, these area-specific outcomes and guidelines are presented in table form against the lengths in which they apply.

Figure 3 shows how the guidelines are organised. The vision and broad objectives identified in Section 2.4 support the preferred character identified in this section. In response to specific opportunities (things we want to create or reinforce) or threats (things we want to avoid), objectives for the whole river and outcomes for specific lengths have been identified.

Vision

Broad objectives

Preferred character

Threats opportunities

Design objectives

Local threats Outcomes for opportunities specific areas

Area specific General guidelines guidelines

Figure 3: How the objectives and guidelines are organised

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6. Open space corridor A critical issue for the management of the valley is how much land should be managed as public open space (or for public access) along the river. This section examines this question. The open space corridor needs to: o provide adequate access to and along the river o protect the floodplain o protect indigenous and significant vegetation o provide habitat for wildlife o protect cultural/heritage values o provide recreation areas. Because open space areas are free or relatively free of buildings they also have an important role in protecting the visual qualities of the valley.

Creating linked parkland A key issue facing the management of the valley is the creation of linked parklands as set out in Melbourne 2030 and Linking People and Spaces. Some recent progress has been made in extending public open space along the river: o With the development of the abattoirs in Kensington and Footscray, river parkland and wetlands were created in the 1990s. o The development of the Edgewater Estate on the old ammunition factory site, Footscray has created a riverside park. o The River Valley Estate will create a riverside park as part of its development (though this will be a narrow linear space) o Development of the Afton Street Conservation Park. The redevelopment of the Defence Site Maribyrnong, the former explosives factory, provides the opportunity for further improvements to river access, nature conservation and creation of extensive and continuous open space. Often the creation of public open space along the river has been done as a by-product of the urban development of open land in private ownership. This strategy is generally appropriate within the context of the preferred character of the lower lengths of the river but is problematic in the upper lengths where the conversion of large areas of open landscape to urban settlement (usually housing) undermines the preferred ‘natural’ character. While it is acknowledged that permits have been granted for significant residential development in the valley in the upper lengths, it is preferable to avoid permitting further development within the valley in the future and instead, seek to directly acquire this escarpment land for public open space. Given financial constraints faced by councils seeking to acquire riverside frontages, not only in the upper lengths as described above but also on the Moonee Valley side in the lower lengths, other sources of funding for land acquisition or construction of boardwalks need to be investigated.

6.1 Public acquisition of open space

Upper Maribyrnong Linear Park Creation of an open space link between Brimbank Park and the Organ Pipes National Park is acknowledged as a long term priority (>10 years) in the Parks Victoria strategy: Linking People and Spaces.

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The Upper Maribyrnong Concept Plan (1991) prepared by Melbourne Water suggested a boundary for this proposed linear park, but the recommendations, including areas recommended for public acquisition were not acted on. Due to the length of time since this study was done, it would be necessary to review these recommendations carefully to see whether the suggested boundary is still appropriate. Recommendation: 1 That the boundaries for the proposed upper Maribyrnong River linear park be investigated by the Cities of Brimbank and Hume, and the State Government. This should be considered as part of the Green Wedge Management Plan.

Open space in Sunshine North Creating linked parklands along the Maribyrnong River has been a long-standing government objective, but commitment has waxed and waned. In 1984 the Maribyrnong River Plan documented existing zoning along the river which clearly showed extensive areas of Proposed Public Open Space as part of the Melbourne Metropolitan Planning Scheme in the Sunshine North area. The former Melbourne & Metropolitan Board of Works used to acquire such land for open space purposes. These areas are now zoned for residential and industrial development. There is an existing Public Acquisition Overlay upstream of the railway trestle bridge. The Brimbank Planning Scheme and the existing approved development plan set out provisions for use and development of the River Valley Estate. (Refer to Map 9, sites 1-3.) In Sunshine North, detailed planning is required to address open space boundary issues in the industrial area upstream of the Keilor East railway trestle bridge, and downstream of the railway bridge including the final stages of the River Valley Estate. Brimbank City Council is commencing the preparation of a structure plan for the Solomon Heights area. In these areas there are sites of significant vegetation on the basalt plain adjacent to the river valley. The valley slopes in these areas are steep and contain some remnants of escarpment vegetation. A riverside open space would normally be created by negotiating the transfer of land as an open space contribution as land is developed. In this location this usual approach would not produce the preferred outcomes. Avoiding locating development in areas of existing remnant vegetation would mean it would be located on the steep valley slope and closer to the river. This is not a desirable solution as it would undermine the preferred character of the river, and isolate the areas of remnant vegetation from the river corridor. Resolution of the open space and native vegetation issues in the Sunshine North area is important in protecting the valued characteristics of the river corridor and significant native vegetation in the area. Detailed strategic planning for the development of this area is required to ensure the protection of these values. Public acquisition of land to provide for the long term protection of areas of native vegetation should be one of the options considered in the strategic planning for the area. Recommendation: 2 That a detailed strategic planning study for the future use of land in the Sunshine North area be undertaken to provide direction on how to protect the native vegetation and river valley values in this area. Recommendation: 3 That the option of public acquisition of land in the Sunshine North area to provide for the long term protection of areas of native vegetation be considered. (This should include a financial assessment.) In some places existing subdivision patterns mean that land is in private ownership close to the waterway. In these areas it may not be feasible to acquire a wide public open space corridor, but it is appropriate that buildings are set back to maintain the open landscape area alongside the waterway.

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Defence Site Maribyrnong Refer to Map 9, site 6 and the more detailed Map 17. The detailed planning for the Defence Site Maribyrnong will occur when the land is transferred from the Commonwealth to VicUrban or another purchaser. Until that time, the State has no planning control over the site. There is an opportunity to create a significant open space aggregation in this section of the valley that integrates new public open space from the Defence Site with the new Afton Street Conservation Park and the parkland around the confluence of Steele Creek. This area is rich in visual character, topographical variety, heritage and flora and fauna potential. Key dimensions that need to be brought together here are: o the panoramic outlook over a dominantly open space river valley from the circle of the high vantage lookouts and connecting areas of open space into one continuous valley landscape o trail links from these high points down into and across the valley and connecting these to the riverside trails o revealing the interglacial terracing escarpment as a significant feature and utilising it as a natural boundary, defining a more secluded riverside linear open space landscape along the valley floor o integrating the rich heritage landscape of the Defence Site Maribyrnong (buildings and landforms) into a wider parkland accessible by walking and bike from both sides of the river o establishing a linear trail link along the Maribyrnong side of the river o potential riverside activity nodes (refer to section 4.7 and Map 13) with rowing boat and canoe/kayak landing facilities, acknowledging the increasing importance of these activities o resolving the optimum approach to the levee bank at the flood-prone ‘horseshoe bend’ taking account of flooding, site remediation and redevelopment; in particular, considering the pros and cons of removing the levee bank to open the area up to its east and west, or keeping the levee bank as a landscape feature and a possible screening element. Recommendation: 4 Prepare an Integrated Landscape Study to develop a significant open space aggregation integrating future open space from the Defence Site with the parklands at Afton Street and the confluence of Steele Creek. Key dimensions of the study would include the panoramic outlooks, a continuous cross-valley landscape, trail links across the valley, boating facilities, the interglacial terracing escarpment and utilising it to define a secluded riverside open space, integrating the heritage landscapes of the Defence Site Maribyrnong, establishing a linear trail link along the Maribyrnong side of the river and resolving the optimum approach to the levee bank along the flood-prone ‘horseshoe bend’.

Woods Street area Refer to Map 9, site 7. Residential properties in Woods Street, Ascot Vale West run right to the river’s edge. The lack of public access along this part of the river breaks the connection between Fairbairn Park and Maribyrnong Park. Recommendation: 5 That the long-term options of public acquisition of land, possibly in combination with a pontoon structure to provide the river-side access link between Fairbairn Park and Maribyrnong Park, be investigated in consultation with landowners.

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Fisher Parade Refer Map 9, site 8. As properties are being redeveloped along Fisher Parade, a strip of private land adjacent to the river is being transferred to public ownership. This is being achieved through negotiations between Moonee Valley Council and developers with varying success.

Map 17: Defence Site Maribyrnong Open Space elements

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6.2 Open space contributions In a number of areas, new public open space along the river will be created as part of development or redevelopment projects where the developer contributes the open space as part of the approval process. There is a need to set out objectives and guidelines for these situations. The following design objectives are proposed: Design objective 1 To provide a publicly managed vegetation corridor along the river. Design objective 2 To provide public access and trails along the river valley where identified. This should apply to all new subdivisions along the waterway corridor. Clearly in places, the existing pattern of development will mean that the guidelines cannot be achieved. Where the preferred character is one of a working river it is important to provide sufficient area to allow for a mix of access and urban activity. Land is required for a riparian vegetation corridor, for a shared trail (including allowance for maintenance access) and for effective buffer and screening landscaping. This area should be in addition to land subject to flooding.

Guideline 1 Provision of vegetation corridor Subdivision and development should provide for a vegetated corridor along both sides of the waterway. Land identified in Table 2 should be provided as public open space.

Table 2: Vegetation corridor to be achieved Length Land to be provided as open Vegetation corridor outcome to be space achieved

Brimbank – Avondale Greater of: land subject to Provision of a riparian vegetation Heights flooding plus 22 metres, or corridor, shared trail and landscape 52 metres from the top of the buffer to development. bank of the waterway Land on valley slopes (where Protection of uninhabited feel, and there has been not been a development of recreation permit prior to this study to opportunities develop on the valley slopes) 12 metres from the top of Provision of vegetation screening of any escarpment development Sites of botanical or Protection of significant flora and zoological significance fauna Steele Creek 52 metres from the top of the Provision of a riparian vegetation bank of the waterway corridor, shared trail and landscape buffer to development NOTE 1: The nominated land widths are based on 30 metres for riparian vegetation corridor, 12 metres for effective buffer/screening landscaping and 10 metres for trail corridor (includes allowance for maintenance access). NOTE 2: The riparian corridor can include land subject to flooding.

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Guideline 2 Provision of public access Subdivision and development should provide for continuous public access along both sides of the river valley. Land identified in Table 3 should be provided as public open space. Siting of trails should take into account habitat conservation objectives, avoiding sensitive riparian areas and significant grasslands. Some trails, particularly in the upper reaches, should be low-key pedestrian-only paths. (Refer to Guideline 6.)

Table 3: Access to be achieved Length Land to be provided as open Access outcome to be achieved space or public access

Brimbank – Avondale Greater of: land subject to Riverside trail in conjunction with Heights flooding plus 22 metres, or floodplain, a riparian vegetation 52 metres from the top of the corridor and landscape buffer to bank of the waterway development. Where upper level trail is Provision of a shared escarpment proposed, 15 metres from pathway and screening and the top of any escarpment setback of development The nominated land width of 15 m allows for shared trail, planting, vehicle and pedestrian access to the development fronting the escarpment Steele Creek 52 metres from the top of the Provision of a public access bank of the waterway corridor adjoining a riparian vegetation corridor Maribyrnong Land at the rear of properties Continuous public access to the in Woods Street that extend river to the river Racecourse The land required to Protection of the floodplain of the maintain the floodway waterway Land covered by a Public Continuous public access to the Acquisition Overlay at Fisher river Parade Footscray – where a Distance specified in a plan1 Provision of public access along plan1 has been adopted river’s edge to accommodate the or guidelines included in range and intensity of urban a planning scheme activity Footscray 15-30 metres from the top of The nominated land width of 15- the bank of the waterway 30 m allows for a landscape and streetscape treatment that can accommodate a range of access requirements for river frontage activities including boating, as well as access to the abutting property frontages where needed.

1 A plan can be either a strategic plan, landscape plan, master plan or urban design framework

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7. Design objectives and guidelines This section sets out issues, objectives and proposed guidelines for a range of development issues, under the headings of: o open space management – landscape o open space management – access o landform o building interface o site layout and building visibility o building design o infrastructure design. These guidelines have been developed based on the analysis, broad objectives and a review of existing guidelines and policies along the valley.

7.1 Open space management – landscape

Issues The existing open spaces in the valley can be characterised as: Bushland–grassland areas that are managed and maintained to reflect natural conditions primarily for nature conservation rather than intensive recreation Conservation parkland parkland of indigenous or native plants with a landscape character suited to informal recreation Sporting reserves areas developed for formal sports with associated facilities Urban parkland formally designed parkland that may include a mix of exotic species Promenades urban public spaces set aside as a sociable walkway; would normally include appropriate shade planting Undeveloped areas with no parkland design objective, usually mown grass

Figure 4: An example of undeveloped public open space

Derelict land former grazing or quarrying areas – some with areas of significant vegetation – that have remnants of their former uses but are now simple open areas with no regular management or maintenance. Not all of these open space types reinforce all preferred characters. Table 4 identifies opportunities and threats in terms of preferred character.

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Table 4: Opportunities and threats – parkland type Character type Conserve or create Avoid

Natural Bushland–grassland, Conservation Sporting reserves, Urban parkland, parkland Promenades, Undeveloped, Derelict land Secluded Bushland–grassland, Conservation Undeveloped, Derelict land parkland, Sporting reserves Suburban Sporting Reserves, Urban Undeveloped, Derelict land parkland, Promenades as part of activity nodes River flats Conservation parkland, Sporting Bushland–grassland, Promenades (except in reserves, Urban parkland defined activity nodes), Undeveloped, Derelict land Urban Promenades Bushland–grassland, Sporting reserves, Urban parkland, Undeveloped, Derelict land Working None Derelict Land

Species selection The broad objectives related to landscape are to: o protect and improve indigenous vegetation o protect and enhance the visual integrity of the river valley’s landscape character o protect and re-establish naturalistic land forms where practical o conserve plantings with heritage significance.

Views within parklands Maintaining views into and along the valley is an important aspect of reinforcing the preferred character of different lengths. To maintain a sense of remoteness in the upper lengths, views will often need to be screened and truncated. In contrast on the lower lengths, the long views across the floodplain are a distinctive feature and these should be preserved and reinforced. Table 5 identifies opportunities and threats in terms of preferred character.

Table 5: Opportunities and threats – views Character type Conserve or create Avoid

Natural Views and vistas of bushland and open grassland Views to urban areas Secluded Views and vistas of bushland and open grassland Views to urban areas and intimate riverside views Suburban Views to important landmarks in the surrounding urban landscape River flats Long views Obstructing views across valley Urban Views to river infrastructure and cranes Working Not applicable Not applicable

Proposed design objectives The following objectives are proposed:

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Design objective 3 To protect the long term survival and viability of remnant native vegetation and enhance the natural biodiversity of the waterway corridor. Design objective 4 To ensure species mix reinforces the preferred character of the river length. Design objective 5 To ensure planting creates views that reinforce the preferred character.

Proposed guidelines

Guideline 3 Remnant vegetation Areas of remnant vegetation should be conserved. Remnant local native vegetation should be protected and should not be disturbed.

Guideline 4 Vegetation Landscape works should not: o include environmental weed species o increase flood levels by impeding flood flows. Landscape works along the river corridor should: o use local native plants o maintain non-indigenous vegetation only where relevant to sites of cultural heritage value o reflect local native plant communities appropriate to the location and site conditions o provide shade and in-stream food sources for native fauna o provide habitat for local fauna.

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Table 6 should guide the selection of vegetation species.

Table 6: Vegetation outcomes to be achieved Length Guideline Outcome to be achieved

Brimbank – The river and its tributaries should be Protection of environmental Avondale Heights – revegetated with local native plant values and landscape character Steele Creek species matched to the plant of the waterway corridor communities characteristic of the site and the original landscape character Land within 30 metres of the banks of Protection of environmental the waterway should be revegetated values and landscape character and maintained as a riparian corridor of the waterway corridor Maribyrnong Planting should use local native To improved the amenity of Racecourse plants where possible open spaces for users – weather Plantings of heritage significance protection, appearance should be conserved Footscray Planting that is proven in highly To improved the amenity of trafficked and paved settings should open spaces for users in relation be used to weather protection and Plantings of heritage significance appearance should be conserved

Guideline 5 Planting for views Landscape works should not: o obscure or hide clear visual corridors that coincide with public access ways to and from the hinterland to the river. Landscape works should: o visually reinforce clear access ways to and from the river. Planting should manage views as set out in Table 7.

Table 7: Views to be achieved Length Guideline Outcome to be achieved

Brimbank – Avondale Planting should restrict views Maintenance of naturalistic Heights from public open spaces of and secluded sense of river signs of human habitation Steele Creek Planting should moderate views Maintenance of naturalistic from public open spaces of and secluded sense of the signs of human habitation. river Planting should allow for long Preservation of views across distance views from lookout valley points, paths and roads along the top of the escarpments Maribyrnong Planting should allow for visual Improved connection between links to nearby activity centres activity centres and the river Racecourse Planting should maintain long Maintenance of open scale of distance views across floodplain floodplain Footscray Planting should reinforce vistas High urban amenity and of important buildings and attractiveness and safe and infrastructure and visually legible movement network reinforce access points to and both within, to and from the from the river river frontage

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7.2 Open space management – access

Issues The desirability of mixing access to private development and public open space needs to be considered. Land ownership and access rights are not always clear along waterways and in some cases, private properties may have rights of access across areas that have been developed as open space. Development should provide for access for management vehicles along both sides of the waterway where none already exists. In the lower lengths of the river, open spaces will be smaller with a higher proportion of hard paving and a hybrid of park, paths, car parking and some vehicle movements. These require careful design. Also land ownerships and land management responsibilities will tend to be more complex. There is an opportunity to create a shared path along the top of the valley in the upper lengths – this would provide spectacular views but would also provide an off-road path for local commuting or journeys to school. But while access to development that allows buildings to front the valley (refer to Guideline 13) might also adjoin shared paths, this access must be distinctly separate.

Table 8 identifies access opportunities and threats in terms of preferred character.

Table 8: Opportunities and threats – access Preferred Conserve or create Avoid character

Natural Secluded areas Use of open space and paths for access to private development Secluded Upper level trail for views across valley and local connection Path locations that could lead to degradation of significant vegetation and wildlife habitat

Suburban Convenient pedestrian and bike access Use of open space and paths for access River flats at regular intervals to private development

Upper level trail for views across valley and local connection

Urban Shared access (by the public and Development that does not provide river landowners) to riverside access

Proposed design objectives Design objective 6 To provide for public access from surrounding areas to the waterway and open space corridor. Design objective 7 To protect open space from inappropriate use for access to properties. Design objective 8 To ensure sufficient space is provided for a safe shared pathway where required.

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Proposed guidelines

Guideline 6 Access to and along the river Access to the riverside open space corridor should: o be safe for traversing and free of any perception of threat from concealed and hidden spaces o be visually clear and evident o be wide enough to encourage people to use it without conflict between residents and other users o be designed to accommodate access for people with disabilities where appropriate o cater for different recreational experiences – shared paths but also low key pedestrian-only paths o avoid sensitive habitat and significant native vegetation o be of a width and frequency to match the degree of urban intensity in the area o provide good visual corridor links between the river and hinterland. Development should provide access for management vehicles along both sides of the waterway. Access should be achieved as set out in Table 9.

Table 9: Access to open space Length Guideline Outcome to be achieved

Brimbank – Access should not undermine the Protection of natural values Avondale Heights natural character of the river valley Some areas should be accessed by Provision of access to pedestrian-only paths secluded public open space Steele Creek Walking and bike access should be Convenient walkable access Maribyrnong provided from the hinterland into the from adjoining development riverside path at least every 200 to the open space corridor Racecourse metres

Footscray Vehicle, walking and bike access Convenient walkable access ways of at least 6 m width should be from the hinterland to the provided from the surrounding open space corridor and hinterland into to the riverside path at river in conjunction with good least every 200 metres or extending visual legibility of those the hinterland street grid through to access links the river, whichever yields the more Frequent vehicle access frequent access points points to support the viability of buildings that have their front access on the river side

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Guideline 7 Access to development Access to development should be managed in accordance with Table 10.

Table 10: Access to development Length Guideline Outcome to be achieved

Brimbank – Avondale Open space areas or shared Minimising size and impact of Heights paths should not be used for shared path Steele Creek vehicular access to development Safety of people using shared Maribyrnong path Racecourse Some areas should be accessed Provision of access to by pedestrian-only paths secluded public open space Access ways and roads should Protection of health of not be constructed within the vegetation drip-line of trees to be retained Footscray Development should use Creation of active fronts on riverside area to access development facing a riverside development promenade

Guideline 8 Shared pathway Provision should be made for a shared path (for walking and cycling) where the need for a path has been identified. Shared paths should be designed in accordance with the Guide to Traffic Engineering Practice Part 14: Bicycles (Austroads) and Melbourne Water Guidelines for Constructed Paths (2002). These guidelines include: o a minimum path width of 2.5 metres o a clearance from obstruction 0.5 metres each side of the path o maximum slope of 1 in 20 o minimum inside radius of curves of 15 metres o location at or above the five-year flood event with crossings generally above the 10-year flood event.

Shared paths should have good visibility to help avoid conflicts and increase perceptions of safety for users (See Guideline 5).

A width greater than 2.5 metres is likely to be required in highly used areas, particularly where roller blading, as well as cycling and walking, is popular. NOTE: New crossings that are below the 1 in 100 year flood level should be registered in the relevant Municipal Emergency Management Plan to ensure actions are undertaken to close the crossing during flood events.

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Standards for shared pathways

7.3 Landform

Issues It is common for extensive cut and fill works to be undertaken near waterways. Filling is often undertaken to create level sites and on sloping sites, cut and fill is required to create roads or paths. Works are often required to ensure that there is no loss of floodplain storage or impact on the passage of flood flows.

Proposed design objectives The following objectives are proposed: Design objective 9 To protect natural landforms, geological features and heritage landscapes. Design objective 10 To create a more natural and visually attractive landform. Design objective 11 To maintain the health and function of the waterway. Design objective 12 To create landform that can be easily maintained.

Proposed guidelines There are a number of specific issues that should be addressed to ensure filling is carried out in an appropriate manner.

Guideline 9 Geological features Development should preserve sites of geological or geomorphological significance, or spectacular topography.

Guideline 10 Fill – landform Roads or access lanes should minimise the creation of batters with steep sides. Slopes facing the waterway should not be filled. Earthworks should: o avoid unnatural landforms o blend with adjacent soil surfaces o ensure no loss of floodplain storage o ensure no impact on passage of flood flows o create batters less than 1 in 3 o ensure fill does not encroach onto public land

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o provide for appropriate sediment management during construction o contribute to stormwater retention and infiltration. Earthworks and works such as steps or private plantings should not extend onto park reserves.

Guideline 11 Waterway function Land should not be filled where there is potential for unmanageable sediment contributions to the stream. Land should not be filled where there will be loss of floodplain storage or flow capacity. Development should take opportunities to rehabilitate the waterway where possible, avoid flooding and improve on-site water retention. It is important that slopes and batters can be properly maintained. Where development creates new slopes they should not be too steep to be maintained. The use of retaining walls is discouraged but where needed, they should be broken up to allow for landscaping. The walls themselves should be constructed out of bluestone sets, this being a traditional material used along the valley and in keeping with the local rock.

Guideline 12 Treatment of batters Retaining walls should be avoided except where erosion exceeds acceptable levels. Development should ensure fill batters are less than 1 in 5 for grassed slopes, 1 in 3 for vegetated slopes, or, if no alternative is available, are benched with benches no more than 1.2 metres high and at least 2 metres wide with a top setback of 3 metres. Retaining walls should be constructed out of bluestone sets.

1 in 5 grassed slope for 1 in 3 slope for dense Benched slope – to be mowing planting used only when absolutely necessary

7.4 Urban development interface

Issues Even in cases where development is not visible from the riverside path it is important to create a good interface between urban development and the riverside parkland. Private uses backing onto the riverside open space weaken and threaten all types of open space by: o blocking public access to the river banks o breaking riverside public pedestrian and bike trails o creating blind (insecure) edges to open space o presenting the lowest quality built aspect to riverside open space.

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Private land uses fronting the riverside open space create strengths and opportunities: o enabling and promoting good public movement and visual access to the river o allowing continuous bike and pedestrian trails along the river o presenting the best visual aspect of the buildings to the river o providing deeper building setbacks from the river precincts, which increase landscaping space and other options. Table 11 identifies opportunities and threats in terms of preferred character.

Table 11: Opportunities and threats – Urban development interface Preferred Conserve or create Avoid character

Natural Low volume local traffic roads at Development backing on to parkland Secluded edge of parkland High volume through traffic roads adjacent to parkland Suburban Low volume local traffic roads at Development backing on to parkland edge of parkland High volume through traffic roads adjacent to parkland River flats Low volume local traffic roads at Development backing on to parkland edge of parkland High volume through traffic roads adjacent to parkland Urban Active frontages to river. Pedestrian Development backing on to river and bicycle priority with limited High volume through traffic roads adjacent to visitor and service vehicle access to parkland river front

Proposed design objectives Design objective 13 To ensure subdivision and lot layout provide a positive interface with the open space along the river. Design objective 14 To ensure building development provides a positive interface with the open space along the river.

Proposed guidelines

Guideline 13 Orientation Allotment layout should be designed so that development fronts onto the open space along the waterway corridor. Roads should run parallel to the waterway corridor between the development and the waterway to provide continuous frontage to public open space along the waterway corridor. Roads adjacent to the waterway corridor should be designed to carry less than 300 vehicles per day.

Guideline 14 Building interface Buildings should be oriented to front the open space along the waterway corridor. Where buildings cannot front the waterway, living areas should be oriented towards the waterway. Buildings should be designed to increase natural surveillance of parklands.

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Site layout should provide for the integration of public and private landscape by placing semi-public areas such as shared open space, driveways or landscaped car parks next to the waterway corridor in preference to private open space. Connections should be provided from semi-public areas to the waterway open space. Buildings should not create blank walls facing open space along the waterway. Fences should be designed in conjunction with planting to ensure that planting is the dominant visible component when viewed from the waterway corridor and open space.

7.5 Site layout and building visibility

Issues Managing the visibility of buildings is a critical factor in achieving preferred character. Where the aim is for buildings not to be visible, it is preferable they are screened by topography – this ensures that they can’t be seen. Screening by vegetation is a ‘second best’ alternative because in practice some views of a building are still likely. In the ‘natural’ lengths of the river it is preferable that new development be kept back from the escarpment so screening by topography is particularly applicable. In the ‘suburban’ section of the river, some escarpments are well treed and the view of existing buildings from the river parklands is filtered by vegetation. Low density development consumes potential public open space in favour of private open space and increases the extent of visible buildings. In the Brimbank, Avondale Heights and Steele Creek lengths, medium density consolidation should be encouraged where this can be demonstrated to yield more public (or body corporate) open space and improve building concealment when viewed from the valley open spaces. Table 12 identifies opportunities and threats in terms of preferred character.

Table 12: Opportunities and threats – building visibility Preferred Conserve or create Avoid character

Natural Sense of remoteness from human Visible buildings habitation Secluded Secluded riverside landscape screened Unscreened buildings with vegetated edges to the valley New development undermining neighbourhood character of areas along the river Suburban Vegetated edges to the valley where this Buildings dominating the skyline is part of the existing neighbourhood New development undermining neighbourhood character character of areas along the river River flats Buildings grouped along the valley edge Isolated tall buildings Urban Active frontages Development unrelated to the river

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Proposed design objectives Design objective 15 To ensure the visibility of buildings reinforces the preferred character of the river. Design objective 16 To ensure screening protects the sense of seclusion where this is a valued aspect of the preferred character. Design objective 17 To ensure new development provides for appropriate landscaping. Design objective 18 To minimise the impact of garages and driveways on steep sites.

Proposed guidelines

Screening by topography In the ‘natural’ areas it is desirable to screen buildings by topography – this ensures that buildings will not be visible and there is no need to rely on landscape planting. This allows views from the top of the valley into and across the valley to be maintained because screen planting along the top edge of the valley is not needed. The view line constraints will vary from site to site so proposals should be verified using 3D visual modelling. However where buildings are to be screened by topography this will generally require a setback from the top of the valley escarpment in the order of 20 to 30 metres. This is shown in Figure 5 and Figure 6. Note that this setback is also sufficient to allow buildings to front the valley and provide for a separate shared trail as set out in Guideline 2.

Figure 5: Development screened by topography – valley view

Figure 6: Development screened by topography – detail view

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Guideline 15 Building visibility from river valley corridor Building visibility from the river valley corridor should be managed to accord with the preferred character of each length. Development should maintain existing view corridors to the river parkland from roads and footpaths. Buildings should achieve the visibility guideline in Table 13.

Table 13: Building visibility outcomes to be achieved Length Guideline Outcome to be achieved

Brimbank – Views of buildings from riverside paths The sense of remoteness is not Avondale should be screened by topographical undermined by buildings being Heights features where development is closer visible from the river parklands than 400 m. This should be tested using 3D visualisation modelling. Steele Creek Buildings should be screened by Maintain the sense of secluded topography or planting when viewed landscape along the riverside within 52 m of either bank open space Maribyrnong Buildings should be screened by Maintenance of the distinct vegetation where this is consistent with neighbourhood character of the existing neighbourhood character of different valley escarpments the area Buildings should be located to minimise Urban development does not visibility from the river intrude into the parkland experience Buildings should not create dominant Urban development does not forms on the skyline when viewed from intrude into the parkland the river or parklands experience Racecourse Development should not create tower Maintenance of the large scale forms in the river flat of the river flat Development should reinforce the valley Maintenance of the large scale edges of the floodplain of the river flat Footscray Buildings should create a strong urban Reinforce the urban river edge to the river character Note: A 3D computer model has been prepared for the Maribyrnong River Valley. Councils have access to this model.

Landscape screening Where planting is used to screen close views, it needs to be deep enough to provide screening density. A review of plantings along waterways suggests that a 12 metre band of planting is needed. Where past permits have been granted for development on the slopes within the ‘natural’ lengths of the river valley, screening with planting is the only option. This should be street tree planting designed to give the visual impression of a natural, treed valley slope. Figure 7 illustrates this.

Figure 7: Screening development

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Guideline 16 Planted Screening Planted landscape areas intended to provide a complete screen of unwanted views should be at least 12 metres wide. These may be provided on public land (where landscape plantings are an appropriate use of the public land). Landscaped private open space may be included when calculating a landscape setback, but secluded private open space areas intended to give the occupants visual privacy, should not. In practice, where these areas front waterways and public open space, they are fenced off so the fences themselves need to be screened. Development should be screened as specified in Table 14.

Table 14: Screening to be achieved Length Guideline Outcome to be achieved

Brimbank – Avondale Where development within the valley Buildings and roads do not Heights has been permitted, it should be compromise the sense of completely screened from view from seclusion along the open space areas in the valley within waterway corridor 52 m of both banks by planting in publicly owned and managed spaces. This should be tested using 3D visualisation modelling. Steele Creek Buildings should be heavily screened Minimise the visual from view within 52 m of both banks, intrusion of buildings and except where they have been roads along the secluded designated as a node of activity on open space corridor the river Maribyrnong Buildings that front onto parklands Planted park character is Racecourse should be partially screened not undermined by intrusive built form (except in identified activity nodes) Development adjacent to the riverside The backs of development parkland that does not front onto the are not visible from the parkland should be completely riverside parkland screened from view from open space areas in the waterway corridor by using screen planting or topography Footscray and Development should not be screened An engaging active edge to identified activity from the riverside open space the river is created nodes

Guideline 17 Site layout and landscaping Buildings should not be constructed within the drip-line of trees to be retained. Trees that form part of a continuous canopy beyond the property subject to development should be retained, and new trees planted where they add to the continuous canopy. Site layout should allow creation of a continuous band of planted landscape along contours.

Car parking and access On steep sites facing the river, access driveways to car parking and garages can be a dominant feature. Locating the garage at the front of the lot set into the slope of the hill minimises visual impact and makes access easier and safer.

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Guideline 18 Driveways, garages and car parks Car parks should be integrated with the landscape and provide for significant tree planting. Garages and driveways should be designed and located as specified in Table 15.

Table 15: Location of garages Location Guideline Outcome to be achieved

Sites where the access Garages should be located The visual impact of driveways is driveway would have a at the property frontage and minimised gradient of greater than set into the ground 1 in 3 Driveways should be The visual impact of driveways is designed and driveway minimised material chosen to minimise visual impact Sites where the access Garages and carports The loss of garden space and driveway would have a should be located behind visual impact of driveways and gradient of 1 in 3 or less the frontage line of the garages is minimised building

7.6 Building design

Issues This section deals with building design – it also includes guidance on building height. The previous section dealt with site layout and building visibility. In many cases the height of a building will be determined by the need to manage its visibility (refer section 7.5) as well as the guidelines under this section. The steep slopes of the river valley can create dominant or imposing building forms that undermine the character of the valley parklands. A clear issue to emerge from the consultation is the desire for ‘harmony’ of building design on the escarpments along the river. This is particularly the case where there is relatively intense building form with minimal landscaping. Part of the interest of the suburban length of the river is the varying characters of different escarpments. It is important that the distinct character of these individual escarpments is not undermined by development out of keeping with the character of the surrounding streets. While buildings do not always need to be screened from the river, dominating forms should be avoided. Keeping building height to below tree canopy height allows for trees to take a prominent visual role where this is part of the preferred character of the location. Limiting the height of individual buildings in areas where the valley slopes will be predominantly of a ‘built character’ helps ensure that development forms a unified visual mass – development becomes the valley slope or skyline – as opposed to development intruding into the valley slope or skyline. In areas of the urban river, development should maximise activity consistent with an urban pedestrian scale along the waterfront open spaces. A setback ratio of 3:5 taken from eye height (1.6 m) at the top of the bank will ensure heights are moderated in relation to the riverside open space width. Figure 8 and Figure 9 illustrate this. Managing building materials and colours is an important issue. Colours and materials should be chosen to respect the preferred character of the open space. Where buildings are intended to be

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Figure 8: Managing the working river

Proposed design objectives Design objective 19 To ensure new built form helps achieve the preferred character for each length of the river. Design objective 20 To ensure the landscaped character of escarpments is maintained where this is a part of the preferred character of the valley or neighbourhood. Design objective 21 To ensure materials and design details respond to the natural setting of the river.

Proposed guidelines

Guideline 19 Building height and form Monolithic building forms and sheer multiple storey elevations without articulation should be avoided. Buildings should respect the built form character of surrounding development. Except in accordance with a master plan for an activity node, development should not exceed the heights set out in Table 16.

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Table 16: Height outcomes to be achieved Length Guideline Outcome to be achieved

Brimbank, Avondale Buildings should not exceed Buildings appear below the Heights 9 metres in height dominant tree canopy of mature trees (Refer Table 13 on visibility) Steele Creek Buildings should not exceed Buildings appear below the 9 metres in height except in dominant tree canopy of mature a master planned activity trees (Refer Table 13 on node visibility) Maribyrnong Buildings should not exceed Individual buildings should not 9 metres in height except in be distinguishable Racecourse a master planned activity node Individual buildings should not intrude into the skyline Racecourse Buildings should not exceed A high level of activity and use 3 storeys at river front edge along the river while maintaining a pedestrian scale along the Footscray Buildings should be set river’s edge back from the top of the river bank : Development that relates to the scale of the adjoining area o At least the distance specified in Guideline 2 – Footscray length, or o 0.5 m for every 0.3 m of building height over 1.6 m above the level of the top of the riverbank Buildings should not exceed height specified in adopted height studies or structure plans for specific precincts

Guideline 20 Site coverage Development should achieve the site coverage set out in Table 17.

Table 17: Landscape area outcomes to be achieved Length Guideline Outcome to be achieved

Brimbank – Avondale Space should be provided for the planting of Escarpments Heights – Steele one large tree for every 200 square metres of maintain their treed Creek overall site area landscaped character Fifty percent of unbuilt space should be water permeable and able to support vegetation

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Guideline 21 Materials and details The parts of buildings and roofs visible from waterways and open space should use colours and materials specified Table 18.

Table 18: Colours and materials Location Guideline Outcome to be achieved

Brimbank, Avondale Colours should be muted blue- Colours that blend in with Steele Creek and greens, greens, greys and browns the landscape Maribyrnong except in designated activity nodes Buildings should not include Materials that blend in with reflective materials, illuminated the landscape elements, bright colours or signage

7.7 Infrastructure design The design of infrastructure along the river has the potential to undermine the broad objectives identified.

Proposed design objective Design objective 22 To ensure that river structures are sympathetic to the river valley.

Proposed guidelines

Guideline 22 Infrastructure Electric power lines and telephone lines visible from the waterway open space should be placed underground. Lights should be baffled to avoid light spill to open space areas. Bridges should provide for the convenient, safe and attractive continuation of the riverside path. Boating infrastructure consistent with Parks Victoria’s Water and Land Access Plan and preferably at activity nodes should be provided. Infrastructure includes: o mooring and landing facilities for river transport along the river banks o launch and retrieval facilities for small craft (rowing boats, canoes and kayaks, and speed boats where appropriate) o fishing facilities. New boating infrastructure on public land should be designed and sited to: o cater for multiple users rather than single clubs or schools o ensure safe launch and retrieval (e.g. in relation to river currents) and pedestrian safety o avoid conflicts between boat users, pedestrians and cyclists o allow for service facilities where needed (e.g. pump-out, wash-down). Jetties, boat ramps and mooring facilities, whether on public or private land, should be designed and sited to: o avoid the removal of indigenous vegetation o protect river banks and aquatic ecosystems o respect the natural landscape character of the immediate riverside environs

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o minimise the need for river dredging to maintain sufficient water depth o enhance the enjoyment of all users of the river and river corridor. Outfall drain headwalls should face downstream, be lined with rounded, weathered basalt rock and be constructed and vegetated where possible to disguise the pipe outlet.

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8. Site and precinct plans and capital works

8.1 Where are site and precinct plans needed? There are a number of critical locations along the river where more detailed, integrated planning is required to achieve the best outcomes; these include: o locations where more intensive activity is appropriate o at the transition points between different preferred characters.

Parks Victoria’s Water and Land Access Plan for the river south of Canning Street will provide further guidance for more detailed planning.

Nodes of Activity In those areas where intensive nodes of development are appropriate, development should complement the river environment and be brought close enough to the river to create a close engagement between the river uses and the abutting uses – in a similar way that the Anglers Hotel near Maribyrnong Road is close to the river. A similar situation can also be found in activity nodes around Port Phillip Bay – such as at Half Moon Bay where a range of boat sheds and cafes provide an activity node in a natural setting. In these areas, a setback from the river bank of around 17.5 metres will create the close connection needed. Development up to 12 metres in height would be appropriate to allow for a range of uses. Recommendation: 6 That structure plans be developed for potential nodes of activity.

Figure 9: Riverside nodes of activity

Port length Within the Port length, which encompasses Coode Island on the east bank and Yarraville industries – for example, CSR, Mobil – on the west bank, public access is severely restricted along the river banks. In order to maximise the opportunity for public access and complete shared or pedestrian paths, negotiations between State and local government authorities should take place periodically to seek opportunities for safely opening up river bank frontages to the public. Opportunities for the public to appreciate and observe port activities, including spectacular night-time views of illuminated port and industrial activity, should also be considered.

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Recommendation: 7 That ongoing discussion takes place with Port of Melbourne Corporation to seek opportunities to improve public access and provide views of port activities.

Transitions Moving up and down the river should be a powerful and enjoyable experience of change. Marked transitions between lengths need to be designed to maintain the potency and enjoyment of the preferred character of each length. Transitions such as from the wider, open landscape of the ‘natural’ character to the more intimate ‘secluded’ character, or then from the ‘secluded’ character into the more open and formally developed character of the ‘suburban’ length need to treated as landscape ‘doorways’ where there is an abrupt but artfully designed exit from one character and entry into another, rather than having long sections of gradual change where character identity peters out. These transition points numbered T1 to T6 are marked on Map 16. Some of these transitions coincide with possible nodes of activity or site redevelopments and should be considered in the design and planning for these. Landscape and urban design master plans or framework plans should be developed for these transition points to direct the landscape development of the public land and guide the landscape and urban development of adjoining private land. Recommendation: 8 That landscape and urban design and management/master plans be developed to ensure the visitor experience of moving from one section of the river to another provides a positive appreciation of the distinctiveness of each preferred character.

Improving parkland The area of public open space north of the Anglers Hotel along Chifley Drive can be characterised as ‘undeveloped’. This is an important part of the open space corridor and could benefit from the development of a master plan and landscaping works to consolidate open space areas and improve planting and facilities with appropriate regard to flood risks. Recommendation: 9 That a master plan be prepared for the areas of undeveloped parkland in the area of Chifley Drive.

8.2 Capital works

Trails In the middle and upper lengths the main movement is by bike or on foot. But this path has many gaps, particularly along the south-west bank. A continuous trail along both sides is highly desirable. Additional walking/bike crossings in the upper lengths would enhance the recreational function of the valley. Moonee Valley Council is currently creating a new trail linking the chain of parks along the north/east escarpment of the Avondale Heights length. New developments could also provide trail links and new crossings, but some public capital works will be required to complete these links. Trails that provide access only to walkers can allow people to access more remote and secluded parts of the valley parklands. Trails and links along tributaries are also highly desirable. Recommendation: 10 That the trail network along the river be completed and extended into the surrounding areas. Recommendation: 11 That a trail network be developed along the top edge of the valley open space.

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9. Governance

9.1 Coordinated planning This report sets out an overall vision and broad objectives for the river (Chapter 2 and Appendix A). It also identifies how development can be managed to reinforce different preferred characters along the river valley. In these respects it is much like a number of earlier studies and strategies for the river. Simply preparing a strategic planning report is not enough to achieve the vision. A significant, ongoing financial commitment by all parties is needed to achieve the vision for the Maribyrnong River identified as part of this strategy. This is particularly the case where the report makes recommendations for the acquisition of land to connect the linear trails, and protect vegetation or existing landscape values by precluding or limiting development in some sections of the river. There is currently no coordinated governance structure for the river corridor with a whole-of- Government perspective. In the consultation sessions concern was expressed over the effectiveness of planning in general, and hence cynicism about this project in particular. This concern was particularly relevant in light of a long history of planning for the river, and changing or ineffective plans. The community has been waiting 75 years for the delivery of the 1929 plan and we ought to recognise that the promises do go back 75 years. The promises were being made for both the Maribyrnong and the Yarra, and the Yarra’s promises have been delivered every time and the Maribyrnong’s have not been delivered. The big problem that stands out is that we have five municipalities and three bureaucracies – there are eight groups that are going to have eight different visions. We need to meld them into one boat going up the river, so as they all pull together. (Quote from community forum in 2004) Since the break-up of the former MMBW (Melbourne & Metropolitan Board of Works) in the 1980s, successive institutional changes have resulted in more complicated and fractured management arrangements for Melbourne’s waterways. Appendix E summarises the key roles and responsibilities of the various government agencies today. Other issues raised during consultation for this project included: o developments are done in isolation o confusion over repairing the bank and beaching o lack of coordination between agencies in the past o the role of community initiatives such as the Rotary sign project. The broad objectives identified for river governance in this study are: o to improve existing levels of cooperation to achieve effective and efficient management structures o to involve the community in river management. o to inspire and facilitate action to improve the valley and river. A number of waterways (Merri Creek, Moonee Ponds Creek, Darebin Creek) have formally established waterway coordination committees. These have been established as not-for-profit associations with councils and friends groups as members. From time to time Melbourne Water has been a member of some of these associations however, other State Government agencies have had little involvement. The Merri Creek, Moonee Ponds Creek, and Darebin Creek Committees are funded by Councils but also attract funding from Commonwealth and State government programs.

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Map 18: Selected planning scheme overlays

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These coordination or management committees provide just one possible model for coordinated action and planning along the waterway. Key issues to consider are that such a committee for the Maribyrnong River does not duplicate the role of existing committees and that it is appropriately resourced. Recommendation: 12 That Councils and agencies commit to ongoing coordination along the Maribyrnong River and agree to a joint investigation of the potential for a formal Maribyrnong River Coordinating Committee and investigations of mechanisms for the implementation of this study.

9.2 What planning controls are needed?

Existing controls

Skyline controls Design and Development Overlays apply to skyline areas in: o Maribyrnong DDO1 – Skyline areas o Moonee Valley DDO1 – Skyline areas o Brimbank DDO1 – Skyline areas. These controls are based on the skyline controls in earlier planning schemes, introduced at the time of the 1986 Concept Plan. Map 18 shows these areas. The design objectives for the overlays are all similar (but not identical). The design objectives of the Maribyrnong DDO are: o To protect areas along the Maribyrnong River from visual intrusion caused by the inappropriate siting or appearance of buildings and works. o To encourage development in keeping with the character and appearance of the area. o To protect and enhance the skyline when viewed from the river and its banks. o To encourage development consistent with the objectives of the Lower Maribyrnong River Concept Plan 1986. o To protect and enhance remnant vegetation and sites of biological significance. A permit is generally not required for buildings or works less than six metres in height in a residential zone. In December 2002, the City of Moonee Valley introduced a detailed policy (Clause 22.11 Maribyrnong River Corridor Policy) to provide greater clarity over appropriate development where permits are required under the overlay (DDO1).

Lower Maribyrnong River Concept Plan Maribyrnong and Moonee Valley Planning Schemes apply an Incorporated Plan Overlay to a 30 m strip of land next to the river – as per the original 1986 Concept Plan. The overlay introduces a range of considerations for permits and in particular, consideration of the Lower Maribyrnong River Concept Plan. Maribyrnong Planning Scheme has a policy (Clause 22.10) that applies to all park areas within the Maribyrnong Regional Parklands (defined in a previous Parks Victoria/council report as the area between Maribyrnong Road and Ballarat Road) and serves a similar function.

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Vegetation protection The City of Moonee Valley has two Environmental Significance Overlays to protect specific areas of vegetation: o ESO3: Upper Maribyrnong River – riparian strip with river red gums and silver wattle o ESO4: Maribyrnong River Escarpment – area of significant indigenous vegetation.

Management of development in key areas Additional controls and policies apply in some areas to manage specific issues: o Brimbank Development Plan Overlay (Schedule 3) applies to the River Valley Estate o Maribyrnong Footscray Riverside Precinct Policy (Clause 22.04-2) sets out objectives and policy for the Footscray wharves area. The policy provides guidance on the type and range of uses that are encouraged.

Floodplain Management A Land Subject to Inundation Overlay (refer to Map 8 has been applied in all planning schemes to identify the extent of the 1 in 100 year floodplain. Further analysis needs to be undertaken to better identify high hazard areas which have the greatest risk and frequency of being affected by flooding. Melbourne Water is the floodplain management authority for the Melbourne metropolitan region, and is the nominated referral authority for planning permit applications made under the provisions of the Land Subject to Inundation Overlay. All developments referred to Melbourne Water are assessed to ensure that new development does not increase the risk to public safety, or increase the risk of damage to property resulting from a flood.

Heritage controls There are a range of significant heritage sites along the river and many (but it appears not all) are covered by a Heritage Overlay in planning schemes. A number of reviews of heritage assets have recently been completed by agencies and Councils. It would be appropriate to draw the material in these studies together, and to review the heritage assets of the river, particularly upstream of Afton Street, in a coordinated fashion and to develop interpretative material for the whole of the river. Recommendation: 13 That a review of heritage sites along the river be undertaken.

Specifying clear outcomes The existing planning scheme provisions contain objectives derived from previous concept plans and other more recent strategic work. Overlays relating to the Maribyrnong River exist in the Maribyrnong, Moonee Valley and Brimbank planning schemes, between Dynon Road and the trestle bridge in Sunshine North. The original vision expressed in the 1986 Concept Plan is now inconsistently represented in different local schemes, for example, there is no longer reference to the Concept Plan or related overlays in the City of Melbourne planning scheme, Apart from recent valuable work undertaken by Moonee Valley Council to strengthen their DDO and introduce a Local Policy, the controls along the river mostly date from the 1980s. The issue is not so much that there are currently no overlay controls on land closest to the river, but rather the way in which the planning provisions are currently structured and the associated lack of clarity in terms of guidance about what development is acceptable. Recent planning decisions along Melbourne’s waterways have highlighted the need for clear, specific provisions to guide development decisions, especially in areas where residential or commercial development (and associated loss of vegetation) could potentially have a major impact on the more secluded parks and natural areas of open space. Without these specific development guidelines in overlay

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Maribyrnong River Valley Vision and Guidelines – Draft for Consultation, April 2006 schedules, the outcomes on the ground will remain uncertain because decision makers need to weigh up generalised objectives with other Melbourne 2030 objectives – for example, consolidation of urban form. Development pressures along the Maribyrnong are expected to increase as the valley becomes an increasingly desirable place for people to live. Areas that require particular attention in terms of planning guidance are locations where large scale redevelopment is anticipated or already underway – the Defence Site Maribyrnong, the remaining stages of River Valley Estate plus areas further north undergoing land use change in the City of Brimbank. However, existing residential areas can also undergo gradual change over time as landowners seek to increase dwelling densities to take advantage of these attractive locations and views. There are a number of important issues that are addressed more broadly (in a geographic sense) through other planning scheme policies and mechanisms, and therefore should not be addressed through Maribyrnong River specific controls. These include: o heritage o archaeology o stormwater management and water sensitive urban design.

Which planning tools? The implementation of the design objectives and guidelines recommended in this study would require the application of a specifically drafted overlay control in the local planning schemes. A recent Planning Panel report relating to proposed waterway controls in Wyndham (Amendment C51) criticised the use of Local Policies for the purpose of incorporating area-based guidelines into planning schemes. VPP Practice Notes indicate that relevant objectives and strategies should be located in Municipal Strategic Statements (MSSs) and more specific guidance on preferred outcomes and permit requirements in relevant zone or overlay schedules wherever possible. Local Policies should only be used where an issue affects an entire municipality and/or where schedules cannot be used. Some general principles and strategies that should be considered for inclusion in MSSs are listed in Appendix A. There are a number of possible overlays that might be used. The critical issue is that the overlay can apply controls in relation to the issues that the guidelines address. The accepted principles for applying overlays in planning schemes are: o overlays should require a permit or otherwise control the types of development that pose a threat to identified objectives or outcomes – there is no point in ‘toothless’ overlays o it is preferable to use fewer overlays and to avoid overlap where possible o overlays should provide clearly drafted objectives and guidelines. Strategies should be dealt with in the MSS and the management of development by way of permit conditions o overlays should be applied consistently across planning schemes. Different overlays require a permit for different types of development. Table 19 provides an overview. It shows how removal of vegetation is not controlled by the Design and Development Overlay for example. Separate controls to manage development within floodplains – the Land Subject to Inundation Overlay and/or Floodway Overlay – would also be needed.

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Table 19: What do different overlays control? Permit Environmental Vegetation Significant Design and Local policy requirements significance protection landscape development overlay overlay overlay overlay

Buildings Yes No Yes Yes No Earthworks Yes No Yes Yes No Removal of Yes Yes Yes No No vegetation Provide control Yes No Yes Yes No over landscaping The overlays should be chosen on the basis of the controls needed to achieve agreed planning outcomes. In the case of the proposed guidelines, the Environmental Significance Overlay provides the necessary permit triggers, and other possible overlays do not. Another potential tool, first introduced into the Victoria Planning Provisions in 2004, is the Residential 3 zone. This should only be used where a mandatory height limit of 9 metres can be justified. It could be used in conjunction with an Environmental Significance Overlay.

What would the environmental objectives be? An issue with the use of the Environmental Significance Overlay is concern over whether a number of the issues to be dealt with, especially building design, can be properly thought of as ‘environment’. In setting out the objectives for planning in Victoria, the Planning and Environment Act includes ‘to secure a pleasant, efficient and safe working, living and recreational environment for all Victorians and visitors to Victoria’. The Act does not limit the concept of environment to ecological issues. The purposes of the Environmental Significance Overlay are: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify areas where the development of land may be affected by environmental constraints. To ensure that development is compatible with identified environmental values. The overlay would be applied by drafting a schedule to the overlay for each municipality along the Maribyrnong River. A schedule must contain: o a statement of environmental significance o environmental objectives to be achieved. The design objectives identified in this report would form the environmental objectives to be achieved. A statement of environmental significance would need to address the issues addressed in the guidelines: o vegetation protection and landscape o recreation o landform, site layout and building interface o building visibility and design o infrastructure design.

What land should be covered? The first priority for application of the controls would be where there is an existing overlay control in the planning scheme. These are areas that have been identified from previous studies as needing control but where the existing controls provide insufficient guidance.

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The design objectives and guidelines identified in this study would form the basis of the ESO. They would be included in the ESO more or less as they appear in this report, but with the location specified more accurately – ideally by identifying different areas by notation on the ESO planning scheme maps. Recommendation: 14 That existing planning provisions along the river be rationalised to an Environmental Significance Overlay based on the design objectives and guidelines set out in this report as a matter of priority. Ultimately the ESO control should be applied to: o areas of biological significance – this includes sites of national, state, regional and local significance as well as sites required for habitat links o sites of faunal and habitat significance o the river itself and abutting private and public land (though refer to discussion below on public land) o land adjacent to public land along the river o areas where development has the potential to impact on the landscape quality of the river. This wider application of an ESO should be taken without delay but could be a second priority given that it will introduce detailed controls over areas where they currently don’t apply. There is a need to consider boundaries in detail through work subsequent to this study. On public land, desired outcomes are achieved primarily through works carried out by the relevant public authorities rather than through planning scheme provisions. However the objectives and guidelines proposed in this report may be used to help guide park master and management planning. The VPP Practice Note: Applying the Public Land Zones, indicates that overlay controls should not duplicate the statutory responsibilities of the public land manager – for example, Parks Victoria and councils in relation to public open space. However, an overlay requiring a permit for vegetation removal would be appropriate over road or railway land where the core business of the land manager is not vegetation protection. For discrete parks such as Brimbank Park and , overlays such as ESO and DDO need not be applied. However, overlays relating to flooding are required as flood protection is not the core business of Parks Victoria or councils. In areas where private land directly abuts an open space corridor, there can be ‘grey areas’ regarding ownership, and land ownership is also likely to be subject to change over time. In such areas, overlays (such as an ESO) designed primarily to manage subdivisions and development on private land may, for convenience, extend over the entire open space corridor, with appropriate permit exemptions included for the public land manager. Recommendation: 15 That the proposed Environmental Significance Overlay based on the design objectives and guidelines set out in this report be applied to all areas that are of biological, habitat or landscape significance on private land abutting the river and on private land adjacent to public land where development has the potential to impact on significant habitat or the landscape quality of the river valley, and on riverside public land where appropriate.

Are other planning scheme or policy changes required?

Flood Protection Controls

The entire 1 in 100 year floodplain of the Maribyrnong River study area is covered by a Land Subject to Inundation Overlay (LSIO). Some areas within the Maribyrnong Township which were previously reserved for Public Open Space were included within an Urban Floodway Zone when the new format Maribyrnong Planning Scheme was prepared in the 1990s.

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The purpose of the LSIO is to identify land in a flood fringe or flood storage area affected by the 1 in 100 year flood or any other area determined by the flood management authority. Map 8 shows the land in the Land Subject to Inundation Overlay in planning schemes – this is land within the 1 in 100 year flood level. Given the depth of flooding over much of the floodplain, it may be appropriate to replace parts of the LSIO with a Floodway Overlay (FO). The purpose of the FO is to identify high hazard areas that have the greatest risk and frequency of flooding. Throughout much of the State, the Floodway Overlay has been used to identify the active portion of a floodplain. During the Review of Policies and Controls for the Yarra River Corridor (2005) recently undertaken for the Department of Sustainability and Environment, Melbourne Water has recommended that the LSIO currently in place along the Yarra River should be replaced with a Floodway Overlay (FO) where the depth of floodwater exceeds one metre. However, further work may need to be undertaken to identify similar high hazard areas along the Maribyrnong River on the basis of flooding depth, frequency and velocity.

Recommendation: 16 That the Land Subject to Inundation Overlay be replaced with a Floodway Overlay where the depth of flooding exceeds one metre in a 1 in 100 year flood event, after identification of high hazard areas along the river.

Changes to Municipal Strategic Statements As part of introducing specific overlay controls there is a need to revise councils’ Municipal Strategic Statements (MSSs) to include strategies to: o Identify land at a subregional level for stormwater treatment, wetlands and retarding basins. o Undertake cooperative planning and works with other councils to improve open space along waterway corridors by establishing contiguous open space along both sides of municipal boundaries. o Discourage noisy, potentially smelly or visually repulsive uses and developments from locating close to the river, where the loss of amenity would adversely affect the enjoyment of the waterway corridor. o Make provision for a shared path in the reaches where the path does not currently exist or along the upper edge of the valley. o Provide a safe shared path with a variety of entry points at regular intervals along one side of the waterway for its complete length except where port use prevents this. Recommendation: 17 That changes to Municipal Strategic Statements required to support cooperative planning along the river be considered.

Permit conditions A number of issues raised in discussions (or included in existing guidelines) are best dealt with by planning permit conditions. Appendix B identifies possible conditions.

Green wedge planning There is ongoing planning work in the green wedge and longer term plans for extending the open space corridor up to the Organ Pipes Park. This study should be considered in developing these plans. Recommendation: 18 That the Maribyrnong River Valley Project is considered when developing Green Wedge Management and Implementation Plans for land included within the Green Wedge.

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Bibliography The most significant studies related to the river are:

• Lower Maribyrnong River Concept Plan 1986 • Maribyrnong River Plan 1984 (Dynon Road to railway trestle bridge) • Upper Maribyrnong River Concept Plan 1991 • Maribyrnong Valley Land Use Strategy: Brimbank Park to Canning Street 1992 • City of Maribyrnong – Maribyrnong Valley Vision 1997 • Maribyrnong River Vision for Recreational and Tourism Development 1996 • Maribyrnong Regional Parklands: Future Directions Plan (Dynon Road to Maribyrnong Road) 1998 • Maribyrnong River Investment and Marketing Strategy Report (downstream of Canning Street) 2002 • Western Melbourne Tourism Strategy 2002 • Parks Victoria Strategic Directions Plan for the Maribyrnong River – Railway Trestle Bridge to Steele Creek 2003 (internal document) • Moonee Valley Tourism Strategy report 2002 • Sites of Botanical Significance in the Western Region of Melbourne, K McDougall, Dept Geography, University of Melbourne 1987 • Jan Wright and Associates for City of Moonee Valley, Open Space Strategy – Stage 1, adopted Oct 2000 • Footscray Skyline Study 2005. • City Plan 2010 – City of Melbourne, 2005 • City West Plan – City of Melbourne, 2003

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Appendix A – Broad objectives and strategies This appendix presents objectives and principles and strategies identified from previous studies and reports and consultation during this study. Strategies and principles that have been addressed in these guidelines, and in most cases could be included in planning schemes (either in MSSs or overlay schedules), are marked ‘GL’. Other issues that can be addressed in planning schemes are marked ‘PS’. Other issues require action by councils or agencies.

Objective Principles/strategies

River health To improve streamside and Continue programs to identify and remove fish barriers and examine opportunities to aquatic habitat re-introduce large woody debris outside major boating channels. Use vegetation to provide shade and food sources for in-stream fauna. GL Ensure new buildings or structures do not overshadow the river. GL To improve the bed and Prevent any commercial and recreational activities, and associated infrastructure, GL banks of the river alongside or on the river, or in its connected catchment, which can be shown to be detrimental to river health. Maintain and enforce the 5 knot speed limit and allow power boats only downstream of Canning Street, to minimise damage to the river banks and aquatic ecosystems. Undertake waterway rehabilitation works as identified in documents such as the Regional River Health Strategy and the Melbourne Water’s Maribyrnong River Waterway Management Activity Plan. To improve water quality Continue to implement Council Stormwater Management Plans to achieve targeted and management to meet and efficient litter trapping near, and at source, and address other priority actions to SEPP objectives improve water quality. Continue to develop and disseminate information to the building industry on best practice site management during construction, and ensure effective policing of local laws. Pursue opportunities associated with new development to undertake waterway PS rehabilitation works. To reduce polluted or Ensure new developments address stormwater retention and treatment such that GL sediment laden run-off into impacts on river health are minimised and stormwater connections can be limited. the river To establish and manage Maintain and protect minimum environmental flows according to the Bulk Entitlement environmental flows Order for the Maribyrnong River, allowing no new entitlements to extract water except as allowed under the bulk entitlement. To maintain natural flood Ensure new development recognises flood risk and management and maintains GL storage capacity and hydraulic integrity of floodplain. recognise existing risks To reduce risks associated Ensure removal or containment of contamination from industrial or other sites at the GL with contaminated sites time of land use change. To promote natural values Protect the natural values of the river corridor consistent with river health objectives, and promote these values to the wider community. Valley and river use To continue to provide a Manage public areas (including the river) and adjoining private uses to ensure that PS diversity of recreational intended recreational experiences can be sustained and enhanced and that conflicts opportunities, in a safe and between different activities and land uses are resolved and minimised. sustainable manner To ensure significant areas Provide for low key informal activities, relaxation, adventure and sense of remoteness free from commercial and and solitude away from key traffic routes and other activities which generate noise. intensive recreational activity are preserved within the valley To consolidate intensive Allow commercial or restricted uses on public open space within the valley only if they: PS recreation and tourism • are integral to people’s use and appreciation of the surrounding public land, and development in discrete are accessible to a broad cross-section of the community locations, i.e. activity nodes • do not detract from the primary recreational and scenic experiences intended for the site as a whole • do not detract from the protection of natural systems or cultural heritage.

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Objective Principles/strategies

Support existing and new cultural festivals and events consistent with agreed objectives and criteria for event approvals. Upstream of Dynon Road, facilitate low key tourist activity based on natural and cultural heritage – including appreciation of industrial and military history and the natural environment. Below Dynon Road, encourage more intensive tourism activity consistent with cultural heritage and the proximity of the port and chemical storage facilities. To support and promote Improve the standard and range of public boating infrastructure, including berths, GL sustainable water-based launching and fishing facilities. activities Manage the demand for recreational boating and limit the development of related infrastructure to the extent necessary to protect river health, intended visitor experiences along the valley, and human safety. Ensure new boating infrastructure on public land is accessible to the wider community rather than particular groups. To ensure that the river, port Balance the needs of the working port, including chemical storage facilities, with other PS land and infrastructure community interests such as local amenity, river health, recreation and tourism, and downstream of Footscray port heritage. Road is available to accommodate future growth in port and other water- based activity Ensure safe access for shipping. Valley landscape To protect and improve Protect all sites of botanical and zoological significance. GL indigenous vegetation Enhance in-stream health and biodiversity of the riparian zone and broad river valley. Protect remnant indigenous vegetation wherever possible in order to provide habitat GL for local fauna and enhance the valley as a wildlife corridor. Ensure planning outcomes are consistent with the Native Vegetation Management GL Framework which requires a net gain in native vegetation. Ensure open space areas along the river corridor are managed and revegetated in a GL manner complementary to the stream environment and that opportunities for enhancing that environment are preserved. Ensure amenable plantings of non-invasive and non-noxious species are used on GL private land, to minimise potential spread to river banks. To control and remove Remove pest plants and undertake revegetation in degraded riparian areas using weeds along the valley indigenous species. corridor To protect and enhance the Ensure new development acknowledges that built form ranges from being a dominant GL visual integrity of the river and integral part of the public environment in the lower reaches to having minimal valley’s landscape character visual intrusion in the upper reaches. Provide visual links to nearby activity centres and other open space systems. GL Protect and re-establish indigenous vegetation in order to create naturalistic GL landscapes, screen buildings and roads, and provide amenity, including shade, for visitors. Use trees to define views from road crossings and other exterior vantage points and to GL frame natural settings, grasslands and long views characteristic of much of the river environment. Protect significant trees – both indigenous and exotic – from damage or destruction. PS Ensure park infrastructure and landscaping reflect landscape design guidelines for a GL particular site. Progressively remove, modify or screen infrastructure which is inconsistent with the vision and objectives. Ensure development involves the creation of visually attractive and naturalistic GL landforms. Minimise the loss of vegetation on surrounding private land. GL To conserve plantings with Conserve sites of landscape heritage significance. PS heritage significance To protect and re-establish Protect all sites of geological and geomorphological significance or interesting GL naturalistic land forms topography. where practical Prohibit further extractive industry within the valley, phase out existing operations, and rehabilitate degraded areas.

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Objective Principles/strategies

Valley development To ensure river structures Develop guidelines for different river structures such as bridges, wharves, pontoons GL are sympathetic to the river and landings, riverside establishments, steps and terraces typical of the valley. valley To ensure new built form is Ensure any new housing or mixed use development is consistent with the protection of GL sympathetic to the river natural and cultural assets and a continuous open space corridor adjoining the river. valley Ensure new buildings do not overshadow significant areas of open space or trails. GL Ensure activity centre structure planning considers visual impacts of any buildings on PS views from within the valley, and requires design features (eg colours, massing) to ensure any tall buildings are appropriate in the context of the valley landscape. Ensure that new subdivisions adjoining the valley give priority to protecting landscape GL quality, scale and the overall river corridor environment. Ensure new development is consistent with best practice in terms of water sensitive PS urban design (especially the use of rainwater tanks for stormwater retention), energy efficient subdivision and building design, waste minimisation and integrated transport planning. To protect and enhance the Ensure the integration of new residential and other developments with the developing GL preferred character of river character. different lengths of the river valley Maintain non-indigenous vegetation only where relevant to sites of cultural heritage GL value. River access To optimise public access to Provide links to and between surrounding residential or mixed use areas, activity GL the river for people of all centres, educational centres, public transport and other open spaces using paths, abilities, within the bridges, river-based transport and view corridors. constraints of preserving ecological integrity and river health Improve public accessibility in terms of public realm design improvements, road and path quality, signage, public amenities and security, and public berthing and fishing infrastructure. Create opportunities for access to the river for boating, swimming, fishing and GL appreciation of riverside settings. Encourage improved public transport provision to key sites designed for intensive recreational or tourist use. To provide continuous Ensure any public land immediately adjoining the river is not sold or alienated for uses GL public open space along that may prevent public access. both sides of the river as far as practicable Direct priority for any further public acquisition to land immediately adjacent to the river and to land with high natural or cultural heritage value. Prevent any loss of existing public open space within the valley unless replaced with land of equivalent size and value within the same section of the valley. To provide an integrated Complete pedestrian and bicycle links along the valley and to other metropolitan trails, trail network with including Stony Creek, Yarra River, Port Phillip Bay, Steele Creek. appropriate support facilities and signage Promote the establishment of strategically located new river and road crossings for pedestrians and cyclists. Valley heritage To conserve sites and Protect all known sites of Indigenous (Aboriginal) heritage significance (including PS features of identified archaeological sites) in consultation with local Indigenous communities. Aboriginal heritage value Promote the link between protecting river health and Indigenous heritage, reflecting the spiritual connection of Aboriginal people to rivers and their traditional way of life. Promote Indigenous cultural values and activities as a way of educating the wider community. To conserve sites and Recognise and interpret industrial heritage and redevelop disused industrial buildings features of identified and premises to contemporary uses. industrial and other post- contact heritage value

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Objective Principles/strategies

Protect sites of post-contact heritage significance (including archaeological sites) in PS consultation with relevant community organisations. River governance To improve existing levels of Establish and maintain administrative structures and processes to coordinate the cooperation to achieve planning and management of the river valley by State and Local Government effective and efficient organisations. management structures Develop partnerships between State and local government, community groups and adjoining landowners to achieve common objectives. To involve the community in Facilitate community engagement in planning and management decision-making and river management activities affecting the river valley. Stimulate public interest and enhance knowledge through information dissemination, interpretation and educational programs. Educate and involve the community to promote stewardship of the river. To inspire and facilitate Raise private sector awareness of opportunities for sustainable and compatible action to improve the valley development adjoining the public land within the valley. and river Inspire long term commitment from governments and the community through successful implementation and leading by example.

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Appendix B – Possible planning permit conditions

Site layout A Material or vehicles must not be stored on open land adjacent to the waterway. B No fill is to be placed on Council land or drainage reserves.

External materials C The external material, colour and finish shown on the endorsed plans must not be altered without the written consent of the responsible authority.

Fencing prior to construction D Sites must be fenced and other measures taken prior to the commencement of earthworks to ensure fill is appropriately tapered and managed within the land and to prevent fill from encroaching onto public land.

Emergency management E New crossings that are below the 1 in 100 year flood level should be registered in the relevant Municipal Emergency Management Plan to ensure actions are undertaken to close any crossings in flood events.

Landscape development For revegetation works on public land: G Landscaping works must emphasise the use of occasional over-storey species, patches of shrubs and a dominant grassy–sedge understorey within the floodplain, reflecting the former grassy woodland character. For all landscaping works H Before the use/occupation of development starts, or by a later date as approved by the responsible authority in writing, the landscaping works shown on the endorsed plans must be carried out to the satisfaction of the responsible authority. Site preparation works must include: o remove environmental and noxious weeds o remove bulk of dead material (excluding dead trees to be retained) o prepare natural soil surfaces carefully – these must be disturbed as little as possible o lay weed matting or provide some other weed control for at least two years after planting. This can include organic mulch to a depth of 75 mm maintained for a period of two years o mulch to a depth of at least 75 mm. J Landscape works must source the plants from nurseries that grow local native plants from locally collected seeds or cuttings.

Environmental weeds K No environmental weeds as specified in the planning scheme may be planted or allowed to invade the site.

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Run-off control L No polluted and/or sediment laden run-off is to be discharged directly or indirectly into the Maribyrnong River. To this end, pollution or litter traps must be provided on-site as follows: (specify temporary or permanent traps, sediment ponds, sediment fences or other measures as outlined in the Site Environmental Management Plan).

Fences M Vandal-proof fences and gates must be erected to prevent vehicles other than maintenance vehicles accessing the waterway parklands – these barriers must allow easy, safe access for pedestrians and cyclists. Where part of the landscape setback is provided on private land: N Fences on boundaries adjoining the waterway corridor must be constructed from visually permeable wire – black or dark green.

Protection from erosion O Construction must limit soil erosion and accord with Construction Techniques for Sediment Pollution Control (EPA 1991) and Environmental Guidelines for Major Construction Sites (EPA 1995). A Site Environmental Management Plan must be prepared to the satisfaction of the responsible authority to demonstrate how sediment generation from the development is to be managed without impacts on receiving waters. P Areas of exposed soil must be minimised by mulching, grassing or matting as soon as possible.

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Appendix C – Planning Schemes Zoning Map

Map 19: Planning Schemes Zoning Map

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Appendix D – Maribyrnong River Valley Settlement Chronology

From 40,000 Aboriginal inhabitation by Woiworung and Wurundjeri tribes years B.P. 1803 First European explorer – Charles Grimes 1840s Early pastoral leases by Joseph Solomon, Joseph Raleigh, James McIntyre, James Aitken and others 1844 Raleigh sets up meat salting works at Yarraville and boiling down works at the present site of Pipemakers Park 1854 Robertson, Martin and Smith iron works set up on Raleigh’s boiling down works site 1859 First railway bridge crossing at South Kensington 1863 First road bridge near present Lynch’s Bridge 1868 Melbourne Meat Preserving Company established at site currently known as Pipemakers Park 1888 Colonial Ammunition Factory established in Footscray Late 1880s Coode Canal constructed 1880s-1890s Boating and swimming became popular 1906 First electric tram to Maribyrnong Bridge 1906 Major flood – 5.18 m at Maribyrnong 1906 Maribyrnong Park proclaimed – first official park in the valley 1908 Commonwealth Explosives factory established at Maribyrnong 1909 Riverview Tea Gardens opened at Avondale Heights 1908-09 Footscray Park acquired and developed 1911 Walter Hume established pipe factory at present Pipemakers Park 1912 First Henley-on-Maribyrnong annual carnival and regatta 1920s Commonwealth Ordnance factory established at Maribyrnong 1921 Syd Dunn swam 13.3 km from Clancy’s Ford to river mouth in just over 3 hours 1929 Metropolitan Town Planning Commission releases proposed plan which includes an extensive open space network based on waterways and large park upstream of the current Organ Pipes National Park 1930s Installation of sewerage reduces pollution 1920s-1930s Extensive riverside works including tree planting 1941 Stockbridge built to link Newmarket saleyards (now Kensington Banks) to Angliss meatworks 1940s Major wartime effort at the Explosives Factory Maribyrnong – over 8,000 people employed 1954 MMBW releases first comprehensive planning scheme for the metropolitan area which introduced the concept of business centres located on the public transport

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network. Report included a detailed survey of open space distribution and participation rates and a set of open space standards. 1960s-1970s Period of extensive housing development and pollution becomes a major concern 1971 MMBW releases ‘corridor-wedge’ plan for metropolitan area. The plan included the reservation of large areas of land for Metropolitan Parks. 1972 Organ Pipes National Park created 1973 First step towards coordinated planning and management through establishment of Maribyrnong Working Committee (MWC) to advise the MMBW 1974 Major flood – 4.52 m at Maribyrnong 1975 Completion of first environmental study for MWC 1976 Brimbank Park opened by MMBW as one of the first of its Metropolitan Parks 1978 MMBW approves Lower Maribyrnong River Action Statement 1980 ‘Give the Yarra a Go!’ campaign by The Age focuses on coordinated development and management of both the Yarra and Maribyrnong Rivers 1980 First section of bicycle path opened in Keilor 1981 MMBW (Yarra Development) Act 1981 introduced – MMBW becomes responsible for preparing concept plans for the Yarra and Maribyrnong Rivers including land within 30 m of their banks 1984 Lower Maribyrnong River Concept Plan produced by MMBW and placed on exhibition; complementary Maribyrnong River Plan (non-statutory) also produced to include areas beyond the 30 metre boundary 1986 Lower Maribyrnong River Concept Plan formally approved under provisions of the Yarra Development Act 1980s Angliss Meatworks site redeveloped for housing 1980s-1990s Kensington Banks site redeveloped for housing 1987 Planning and Environment Act 1987 introduced which includes a general provision for planning documents to be incorporated in planning schemes, removing the restriction to land within 30 metres of the river and revoking the Yarra Development Act. 1993 Major flood – 3.83 m at Maribyrnong 1990s Waterford Green housing estate commences on the Ordnance Factory site 2001 Edgewater housing estate commences on the site of Colonial Ammunition Factory 2002 Melbourne 2030 makes a commitment to strengthen policies and planning controls along the Yarra and Maribyrnong rivers, in response to developments such as the River Valley estate in Brimbank. 2003 Current Maribyrnong River Valley project commences, funded by the Melbourne 2030 targeted grants program and councils.

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Maribyrnong River Valley Vision and Guidelines – Draft for Consultation, April 2006

Appendix E - Yarra and Maribyrnong Rivers – planning and management responsibilities of Government agencies The future planning and management of Melbourne’s two major rivers – the Yarra and Maribyrnong involves several State Government agencies as well as Local Government: o Department of Sustainability and Environment (DSE) o Parks Victoria o Melbourne Water o Environment Protection Authority (EPA) o Port of Melbourne Corporation o Port Phillip and Westernport Catchment Management Authority o Local Government

Department of Sustainability and Environment The Department of Sustainability and Environment (DSE) was established in December 2002 to bring into one organisation all of the state’s responsibilities for managing Victoria’s natural and built environments. DSE responsibilities that contribute to the health and sustainability of the Yarra and Maribyrnong Rivers include: o Managing the regulatory framework for land-use planning, environment assessment and land subdivision. DSE also provides advice on planning policy, urban design and strategic planning. o Ensuring the protection and management of Victoria's natural and cultural resource base, and the maintenance and enhancement of the State's biological diversity. o Protecting and restoring river health. o Through Heritage Victoria, providing advice on cultural heritage management. o Working in partnership with farmers, Landcare groups, industry, catchment bodies and other key stakeholders to achieve sustainable development and conservation of land and water resources. o Managing plant and animal issues across Victoria, including the conservation of native faunaand flora, the control of pest plants and animals and the welfare of domestic animals. o Providing management services and information about land ownership, location of land parcels and boundaries, valuations and permissible uses. o Conducting research across a range of topics including biodiversity and conservation, river health, forests, population, housing, land development and employment. One of DSE’s priorities is to coordinate implementation of Melbourne 2030: Planning for Sustainable Growth, which was released in October 2002. Melbourne 2030 is the guiding policy for managing growth and change across metropolitan Melbourne and the surrounding region over a 30-year time scale. Melbourne 2030, together with the Port Phillip and Westernport Regional Catchment Strategy, Our Water Our Future and the Port Phillip and Westernport River Health Strategy, provide the policy context for planning and management of the Yarra and Maribyrnong Rivers. Website: www.dse.vic.gov.au

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Maribyrnong River Valley Vision and Guidelines – Draft for Consultation, April 2006

Parks Victoria Parks Victoria manages an extensive network of parks across the State of Victoria, including national, state and metropolitan parks, marine national parks, many significant cultural assets and Melbourne's bays and waterways. The total area under Parks Victoria management is 4.1 million hectares – 17% of the state. Parks and open space for which Parks Victoria has direct management responsibility along the Yarra and Maribyrnong Rivers include: o Organ Pipes National Park o Brimbank Park and Horseshoe Bend in Keilor o o Yarra Flats, Banksia, Birrarung and Westerfolds Parks in Bulleen and Templestowe o Warrandyte State Park. Parks Victoria has a role in the care, protection, management and use of the lower Yarra and Maribyrnong Rivers for the purpose of recreation, leisure, tourism and water transport. Responsibilities include licensing private jetties, issuing permits for commercial boating activities and enforcing regulations. Parks Victoria is also responsible (under the Marine Act 1988) for recommending and enforcing regulations, maintaining navigation aids and recommending and enforcing river closures associated with the conduct of events. Other activities Parks Victoria undertake to enhance the recreational use and visitor satisfaction of the waterways include management/removal of water borne litter and dredging and removal of obstructions to ensure safe navigation. Website: www.parkweb.vic.gov.au

Melbourne Water Melbourne Water is a State Government owned business enterprise. In addition to managing Melbourne’s water supply catchments and removing and treating most of the city’s sewage, Melbourne Water is responsible for rivers and creeks and major drainage systems. Melbourne Water provides the following functions for metropolitan rivers and creeks: o River and creek drainage, floodplain and riparian zone management, including protection and enhancement of flora, fauna and habitat values within the floodplain and stabilising and rehabilitating eroded rivers and creeks. o Streamflow and land management, stormwater management, water recycling, energy and greenhouse management, waterway health planning, water resource management and conservation. o Flood and regional drainage management. o Operating water, sewerage and drainage hydraulic systems in accordance with public health, environmental, safety and regulatory obligations. o Community education programs. o Monitoring and reporting of the condition of waterways. o Research and technology development. Website: www.melbournewater.com.au

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Maribyrnong River Valley Vision and Guidelines – Draft for Consultation, April 2006

Environment Protection Authority The Environment Protection Authority (EPA) is a statutory body established under the Environment Protection Act 1970. This Act provides the legal framework by which environmental objectives, goals and regulations are established for the State. Waterways are protected through State environment protection policies (SEPPs) which are legal tools made under the Act. SEPPs establish beneficial uses which reflect the values and uses the community wishes to protect, and give clear guidance on what needs to be done to protect them (the attainment program). The SEPP (Waters of Victoria), last updated in June 2003, applies to the Yarra and Maribyrnong Rivers. SEPP (Waters of Victoria) has several schedules covering sensitive areas such as Western Port. Schedule F7 applies to the Yarra Catchment in particular. Schedule F6 (Waters of Port Phillip Bay) is also relevant to the Yarra and Maribyrnong as its attainment program applies to the catchment of Port Phillip Bay. Website: www.epa.vic.gov.au

Port of Melbourne Corporation The Port of Melbourne Corporation is a State Government owned business enterprise, established in July 2003 with objectives and functions as defined in the Port Services Act 1995. The lower reaches of the Yarra and Maribyrnong Rivers are within the port area. The Corporation undertakes the integrated management and development of the land and maritime functions of the port and its integration with the broader freight and logistics system. The Corporation works closely with its customers (including shipping companies and cargo owners) to ensure their needs are met through the provision of specialised, high quality port facilities. It also provides: o Road, rail and associated infrastructure within the port. o Value added services, including trade development, customised port facilities and logistics advice on cost effective transport. o A whole-of-port response to port safety. o Implementation of security procedures that fully comply with international standards. o Environmental management. o Safe and efficient shipping control in the port waters of Melbourne. o Safe navigation and channels to the port in Port Phillip Bay. o Port education programs. o Adequate channel depth. Website: www.portofmelbourne.com

Port Phillip and Westernport Catchment Management Authority The Port Phillip and Western Port CMA (PPWCMA) was established in October 2002, replacing the Catchment and Land Protection Board. The role of the PPWCMA under the Catchment and Land Protection Act 1994 includes: o Preparing a Regional Catchment Strategy which outlines the condition of natural resources;extent and causes of land and water degradation; objectives, measures, priorities and responsibilities for addressing degradation; and measures to coordinate and monitor implementation. o Developing an active partnership with stakeholders in catchment management.

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Maribyrnong River Valley Vision and Guidelines – Draft for Consultation, April 2006

o Providing advice to Government on catchment management and land protection, including regional priorities to guide resource allocation. o Promoting greater community awareness and understanding of land and water resources. o Reporting annually on the condition and management of land and water resources. The first Regional Catchment Strategy (RCS) for the region was released in 1997. A revised draft strategy was released in August 2004. The document can be downloaded from the PPWCMA website: http://www.ppwcma.vic.gov.au/

Local Government Victorian local government authorities provide a broad range of services, facilities and infrastructure to local communities. Councils also play a key role in planning for their communities including land use, transport and environmental planning, and planning for the future provision of Council services and infrastructure. Council activities and responsibilities that contribute to the health and enjoyment of the Yarra and Maribyrnong Rivers and their environs include: o Planning and management of open spaces, parks and other recreation facilities. o Capital works to provide and maintain infrastructure and facilities including storm water drains and local roads. o Managing the use and development of land adjacent to the river including the approval of new development. o Administering local laws including control of animals, parking and littering. Other activities that may have some impact on the rivers include: o Environmental education programs and supporting local environmental initiatives. o Economic development programs that support the growth of local businesses and employment (e.g. tourism strategies). o Cultural and sporting events. o Waste and recycling services.

Page 97 Page 126 of 133 Attachment 2 Agenda Item 5.2 Planning Committee 1 August 2006

MARIBYRNONG GUIDELINES SUBMISSIONS SUMMARY (MATTERS WHICH HAVE SPECIFIC IMPLICATIONS FOR CITY OF MELBOURNE PLANNING DISCUSSED ONLY)

A. Planning provisions/guidelines Comment SUMMARY OF ISSUES RAISED WORKING GROUP RESPONSE number 1 River needs State policy in SPPF. Already included in Planning Scheme 2 Best tool for the entire valley is the Rural Conservation Zone. Use of zones to Not realistic since the river corridor has both urban control use and development has not been explored. RCZ would limit any and rural characters. proposed development within the valley; PAOs could also be used eg in Sunshine North. Must limit all new development to beyond the escarpment – begin with trails then roads, then residential/commercial/industrial. 4 Objectives and guidelines must be clear and specific. Supported 5 Support changes and implementation of MSSs. (2) Supported 7 Generally support ideas on vegetation screening and design measures on site Extent of vegetation screening will differ depending layout and building visibility. on character of the river corridor. Within the CoM area, between the Railway line and Dynon Rd, increased planting of native vegetation is recommended 9 Recommended 9 metre height limit for the Defence Site– logic of this is This is a guideline only. The importance of design questioned. There may be exceptions to this where a high quality outcome can quality is supported, as is the need for flexibility in be achieved in blending good design with a high quality landscape. Precludes the applying the height limit. possibility of dramatic and brilliant responses to a site. 11 Support allotment layouts that allow development to front open space. Supported. Already included in Guidelines 12 Support introduction of Environmental Significant Overlay (ESO) based on Noted. Need for further investigation to clarify design objectives and guidelines. where ESO is applicable or exempt 14 Guidelines on batters are not from an educated engineering standpoint and could This is guideline only only be loosely applied. 23 Don’t want further housing or industry built within the valley – should be a Not realistic since river corridor has both rural and natural green corridor. urban characters. Page 127 of 133

B. Public access and/or ownership. Public Acquisition Overlays (PAOs) Comment SUMMARY OF ISSUES RAISED WORKING GROUP RESPONSE number 1 Need to reclaim ‘private’ land within the valley. Noted. 2 Support for increasing and enhancing public open space in the valley. Noted. 18 Support improved public access to the port. Noted.

C. Vegetation and river health

Comment SUMMARY OF ISSUES RAISED WORKING GROUP RESPONSE number 1 Noticeable reduction in pollution over last 10 years and improvement in fish Supported population, especially black bream. Important for water quality to continue to improve. Regular water quality monitoring is important. Need to re-establish riparian vegetation, especially where denuded south of Flemington racecourse – essential food source for fish. 2 Removal of snags to cater for commercial and recreational boating impacts on Noted breeding patterns of fish. Desirable to re-instate snags upstream of Flemington racecourse. 3 Support preservation and protection of all native/riverside vegetation. (2) Supported 4 Need for tougher controls to stop runoff from building sites and road works. Supported 5 Need for specific measures to reduce stormwater flows by ensuring Water Supported. CoM’s Water Sensitive Urban Design Sensitive Urban Design guidelines for development sites, including stormwater Guidelines should be referenced. retention. 7 Stormwater and possible permit conditions – should link to outcomes of Supported investigations by Cities of Hume and Kingston (for example) to strengthen this. Re appendix A – Council stormwater management plans do contain key planning recommendations but the strategy is not identified. Need for thorough review of stormwater issues. 9 Any relevant planning guidelines/conditions relating to contaminated land Supported should refer to the DSE ‘Potential Contaminated Land’ practice note. 10 Support emphasis on planting indigenous vegetation and replacement of exotics. Supported only along the river corridor 13 River banks are badly eroded – need to be treated urgently. Noted. Need to be referred to Melbourne Water for response

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D. Flooding and drainage

Comment SUMMARY OF ISSUES RAISED WORKING GROUP RESPONSE number 1 Prevent any further residential, commercial or industrial development in the Not realistic. Development within the land subject floodplain. to inundation is referred to Melbourne Water for assessment. Guidelines specify that land must not be filled where there will be loss of floodplain storage. 5 Surprised that VRC wall at Flemington has not been addressed. This issue has been addressed by the issue of a permit by the Minister for Planning but needs to be acknowledged in Section 4.2 – Flooding. 7 Developers should not be permitted to alter the floodplain profile with This issue should be referred to Melbourne Water alternative flow schemes supported only by hydrologists. There are always for assessment. oppos ing views among hydrologists. 8 Acknowledge saturation development of flood-prone land – not more floodplain See comment No 1 above to be developed. 9 River is due for 1:100 year flood. Comment only. No evidence of this occurrence is given. 10 Anonymous submission presents data and previous media reports on threats from Information only flooding.

E. Public infrastructure and information

Comment SUMMARY OF ISSUES RAISED WORKING GROUP RESPONSE number 1 Access ways need to be user friendly and include ramps for prams and Supported wheelchairs (section 4.8). 2 New road links should include bike and pedestrian access (section 4.8). Supported where bike and pedestrian access is earmarked 3 Support recommendations on trail access along the river. Supported 4 Support minimum width of 2.5 m for shared paths. Supported 16 Support more parks, trails, picnic areas and festivals. Supported where applicable 22 Support timber signs along the river visible from small boats, so people see the Supported names of various sites/features/landmarks.

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F. Site specific land use planning and land management issues

Comment SUMMARY OF ISSUES RAISED WORKING GROUP RESPONSE number 9 Support further investigation of suggested activity nodes. The term ‘activity nodes’ needs to be modified so as not to be confused with the Melbourne 2030 activity nodes. This areas should be further classified according to intensity of activity proposed ie. low medium or high. In the CoM area, only a small portion of the Hobsons Road area needs to be identified as a possible area of low activity, ie a café or restaurant. 18 Support continued negotiations with Port of Melbourne Corporation regarding Noted. improved public access in the port. (2) 35 Descriptions of existing and potential land use within the Port and Footscray lengths be revised to accurately reflect current land use pattern. Noted. There is further opportunity to fine tune the boundaries between the ‘Racecourse’ and ‘Footscray’ lengths consistent with the guidelines. There is also the opportunity to review the desired character of these lengths in the guidelines.

The Port length should not be subject to any Design and Development or Noted. This is a matter for DSE, given that it is the Environmental Significance Overlays. responsible authority for the Port of Melbourne permits.

G. Activities on or near the river

Comment SUMMARY OF ISSUES RAISED WORKING GROUP RESPONSE number 1 Disappointed to find no mention of recreational angling. A number of angling Noted clubs are located close to the river. The river provides good access for all anglers, including the aged and impaired. 2 Roads to the river – many roads do not provide reasonable access to the river for Noted anglers. Need for laneways or other facilities to improve access.

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3 Access along the river banks – many restrictions to access are experienced by Noted anglers. This includes housing or industrial development. Need to provide clear zones along the banks. PoMC has severely restricted access for anglers under guise of safety and security – believed to be an over-reaction and should be tempered to allow reasonable access to prime fishing locations in the port. 4 Need fishing platforms at appropria te locations for aged and/or impaired anglers. Noted Need for reasonable provision of toilets – currently very limited. 7 Support facilities for launching/beaching of canoes and kayaks at selected points, Noted in consultation with relevant clubs. 8 Report could be strengthened in relation to angling. Many anglers are Noted. handicapped and require wheelchair access to the river in close proximity to their cars. Support walking and bike paths along both sides of the river – these should be a least 5 m from the river bank to allow for back-casting without hooking 5 m proximity to river bank not always feasible. people using he paths. May be achieved in high activity areas.

H. Miscellaneous – including governance, scope, consultation

Comment SUMMARY OF ISSUES RAISED WORKING GROUP RESPONSE number 1 State Government should be responsible for implementation. Involvement of State government role in coordination in councils will cause unnecessary delays and will not result in consensus. conjunction with local government is paramount. 2 Support for ongoing coordination in context of a State Maribyrnong River Noted Valley Policy. 6 Support ongoing coordination through a Maribyrnong River Coordinating Noted Committee. 7 Recommendation on coordination is sheepish – why investigate the potential – Noted why not actually form a body and commit funds to it? Former Maribyrnong Working Committee was formed in 1970s with representatives of councils and government agencies under auspices of MMBW. Rates from ever-improvin g property values along the river could be directed in part to open space acquisitions and landscape improvement and maintenance costs. 8 Need to clarify State and Local Govt responsibilities, including agencies such as Noted EPA, DSE, local council parks and environment sections. Councils must be obliged to implement guidelines.

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12 EPA studies currently underway – fish and eel contamination, and a statutory For information only environmental audit of risk to lower Maribyrnong from industrial processes, activities and wastes. Results expected later in 2007. 15 Heritage assets must be protected as soon as recognised – in the valley and on Noted surrounding land. 16 Support recommendations 12 and 17 – improving consultation and coordination. Noted The river has suffered as a result of municipal boundaries.

6 Page 132 of 133 Agenda Item 5.2 Planning Committee 1 August 2006

FINANCE ATTACHMENT

MARIBYRNONG RIVER VALLEY VISION AND DESIGN GUIDELINES

Funding of $100,000 has been provided in the 2006/07 budget for the Maribyrnong River Trail New Infrastructure Works (06ES219).

Any land acquisition costs (yet to be determined) would be subject to the normal budget processes.

Joe Groher Manager Financial Services

Page 133 of 133 Agenda Item 5.2 Planning Committee 1 August 2006

LEGAL ATTACHMENT

MARBYRNONG RIVER VAL LEY VISION AND DESIGN GUIDELINES

Section 5(1) of the Land Acquisition and Compensation Act 1986 (“the Act”) provides that land which is required by an Authority entitled to compulsorily acquire land for a public purpose must be reserved by or under a planning instrument for a public purpose.

The Act provides that an Authority which is empowered under a special Act to acquire an interest in land by compulsory process must not acquire that interest by compulsory process or by agreement excepted in accordance with Part 2 of the Act. For the purposes of the Act, the Planning and Environment Act 1987 is ‘the special Act’ and the minister or the responsible authority is ’the Authority’.

Thus an Acquiring Authority may only acquire land which has been reserved for a public purpose (subject to some exceptions). Such a reservation is imposed by way of Public Acquisition Overlay which is included in the Planning Scheme.

In the event that the planning scheme is amended in this way, Part 5 of the Planning and Environment Act 1987 deals with issues associated with compensation payable to owners affected by the amendment pursuant to that Act.

The Planning Scheme amendment process is set out in Division 1 and 2 of Part 3 of the Planning and Environment Act 1987. This includes exhibition, giving notice of the proposed amendment, receiving public submissions and the appointment of a panel to hear submissions in relation to the proposed amendment.

Kim Wood Manager Legal Services