Yarra Park Parking Agreement
PLANNING AND ENVIRONMENT Agenda Item 5.5 COMMITTEE REPORT
2 August 2005 YARRA PARK PARKING AGREEMENT
Division Assets & Services
Presenter Ian Harris, Group Manager Parks & Recreation
Purpose
1. To obtain Council approval for a new 5 year Parking Management Agreement to allow parking to continue in Yarra Park North after the existing Agreement expires on 29 September 2005, and also to investigate mid to long term solutions for parking in the precinct.
Recommendation
2. That the Planning and Environment Committee recommend that Council:
2.1. approve the proposed new 5 year Parking Management Agreement (the Agreement) to permit parking to occur within Yarra Park North for events and activities held at the Melbourne Cricket Ground, and certain events at Melbourne and Olympic Parks, commencing 30 September 2005 for a period of 5 years;
2.2. by instrument of delegation sealed by the Council pursuant to S.98(1) of the Local Government Act 1989 (the Act) delegate its powers, duties and functions under the Act and under the Crown Land (Reserves) Act 1978 to the Chief Executive, or the person from time to time acting in that position:
2.2.1. to negotiate and agree with the Minister for Planning’s representative the terms and conditions of the Agreement reflecting the matters discussed in paragraphs 12 – 14 of this Management Report;
2.2.2. to affix the Common Seal of the Council to the Agreement;
2.2.3. to grant or give all approvals or consents required of Council pursuant to the Agreement; and
2.2.4. to do all things ancillary and incidental to the above;
2.3. under section 98(3) of the Act, authorise the instrument of delegation to the Chief Executive Officer, or the person from time to time acting in that position, to empower him or her to delegate any power, duty or function delegated to him or her under the paragraph above, to a member of Council staff;
2.4. investigate in conjunction with stakeholders, mid to long term solutions for parking in the precinct such as the provision of dedicated parking facilities outside Yarra Park for patrons of sports and enterta inment events hosted within the precinct; and
2.5. advocate for improved public transport access to the precinct, including the upgrading of Richmond Station and its connections to the Melbourne Cricket Ground and to Melbourne and Olympic Park venues. Key Issues
3. Yarra Park (see Attachment 1) is managed by the City of Melbourne (as Committee of Management for Yarra Park) and provides the largest single area available for car parking to support major sporting and other events held at the Melbourne Cricket Ground (MCG) and venues within the Melbourne and Olympic Park (MOP) area. When major events are held or if venues reach near or full capacity, for example during Australian Football League (AFL) finals, an estimated 20% of patrons arrive by vehicles that are parked in Yarra Park North.
4. Vehicle parking for events (but not at other times) is permitted in Yarra Park North under an Agreement between the City of Melbourne and the Minister responsible for Crown Land (Minister for Planning), as joint trustees of Yarra Park. The current Agreement signed in 2000 expires on 29 September 2005 and a new Agreement needs to be in place to allow parking to occur in Yarra Park North after that date.
5. The sporting stakeholders consider strongly that the opportunity to park cars in Yarra Park should be maximised to support attendance at sporting and other events, while the residents and other stakeholder groups consider strongly that car parking should be reduced and eventually phased out in Yarra Park.
6. The Melbourne Cricket Club (MCC) has requested that non-event overflow parking be permitted in Yarra Park North to support functions and the new Sports Gallery and Museum. Such parking should be feasible on most areas of the concourse around the MCG. It is difficult to envisage that regular non-event overflow parking could be accommodated on the grassed area of Yarra Park North without converting a specific area of grass to hard paving.
7. Sustainable management of Yarra Park and its trees are key objectives of Council, and the use of Yarra Park North to accommodate parked cars needs to be balanced with the need to protect trees and maintain the grass surface. Yarra Park provides open space and recreational opportunities for the residents of East Melbourne and Jolimont and this use is limited or precluded when cars are parked in Yarra Park North.
8. The State Government has indicated that most of the provisions of the existing Agreement should be rolled over into a new 5 year Agreement. However, it has indicated that provision for an annual review in the current Agreement should be removed.
Possible Long Term Alternatives to Parking in Yarra Park
9. Council’s policies call for the eventual phasing out of car parking from Yarra Park. Major progress could be made towards this objective by the provision of alternative vehicular parking such as the construction of major new dedicated parking facilities outside of Yarra Park but within the MOP area or elsewhere within 600-800 meters of the MCG.
10. Stakeholders believe that in order to encourage more people to access the precinct by public transport rather than drive and park, significant improvement to public transport facilities and in particular the upgrading of Richmond Station and its connections to the MCG and MOP venues are required.
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Proposed 5 Year Parking Agreement
11. The current Agreement has operated successfully over the past 5 years and the proposed new draft Agreement largely reflects the provisions of the existing Agreement. The objectives underpinning the new proposed Agreement (and existing Agreement) are to:
11.1. support major events in the precinct;
11.2. encourage alternatives to the use of parkland for vehicle parking;
11.3. ensure the long term sustainable management of Yarra Park and the trees within the Park; and
11.4. maintain and enhance the amenity of nearby residential areas to Yarra Park.
Roll- over Provisions
12. In line with the State Government’s requirements, and experience with the operation of the current Agreement, it is proposed that the new Agreement maintain most of the key elements of the current Agreement, including:
12.1. Opening Provisions - That Yarra Park North will be opened for parking for all major events held at the MCG, and for events where more than 10,000 people are expected to attend an MOP venue North of Swan Street namely the Rod Laver Arena , Multi Purpose Venue (Vodafone Arena), or both.
12.2. Adverse Ground Conditions - That the City of Melbourne after consultation with affected parties and agreement with the Minister for Planning or his delegate, will have the ability to close part or all of Yarra Park North to parking due to the impact of adverse weather or to address safety concerns.
12.3. Vale Street Buffer - That vehicles will not be parked in the area extending 50 metres into Yarra Park North adjacent to Vale Street to protect the residential amenity in this area.
12.4. Other Provisions - That through an advisory committee established under the Agreement, the Parties will agree to work towards achieving parking spaces elsewhere in or around the precinct, increase access by public transport, protect residential amenity and work towards parking charge parity with other parking venues within the precinct.
Changed Provisions
13. Also arising from experience gained during the operation of the current Agreement, and as a result of recent physical changes to Yarra Park, and further to ensure maximum availability of Yarra Park North for parking in a range of weather conditions, a number of changes from the current Agreement are sought in the new proposed Agreement. These are:
13.1. Annual Review – The annual revie w has proved to be cumbersome and not added value to the operation of the Agreement. This requirement has therefore been deleted from the new proposed Agreement (This reflects the State Government’s request).
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13.2. Opening Provisions for MOP Events – It is proposed to increase the flexibility for opening the Park for events at Olympic Park (South of Swan Street) in anticipation of changed parking demands arising from the new sports facilities proposed in this area. This would be achieved by replacing the constraint of opening no more that 6 times per year for events (in the current Agreement) with a provision allowing the opening of Yarra Park North for parking for any event where more than 10,000 people were expected to attend. However in order to limit the overall parking pressure in Yarra Park North, a new provision (proposed by the MOP Trust), would be introduced specifying that no more that 750 cars would be permitted to park in Yarra Park North for any event (other than the Australian Open) to be held at MOP.
13.3. Area 16 Provisions – Area 16 located west of the MCG and bounded by Brunton Avenue and Jolimont Street previously provided event parking before becoming the construction site for the MCG Northern Stand redevelopment and the Yarra Precinct Pedestrian link. Area 16 will provide the connection from the new pedestrian bridge linking the CBD, Flinders Street Station and Birrarung Marr to the MCG forecourt and requires the construction of new connecting footpaths. This Area will therefore experience high le vels of pedestrian movement which would conflict with the existing vehicle entry point from Jolimont Street and create unacceptable safety issues. It is therefore proposed to include a provision in the new Agreement allowing Area 16 to be used only by event and operational staff arriving early and leaving late on game and event days (i.e. not during the duration of events). It is also proposed to investigate whether alternative car access could be provided safely from Brunton Avenue.
13.4. Non-Event Parking – To accommodate the MCC’s request for parking to support functions at the MCG at non-event times, it is proposed to include in the new Agreement a provision allowing parking on the hard paved concourse. Access to this area will be subject to further in vestigations.
Park ing Capacity
14. Current Agreement – The current Agreement requires Council to make available 5,700 spaces for parking and 7,600 spaces for the AFL Grand Final, noting that the demand for AFL Grand Final parking has not exceeded about 4,500 for many years. This is subject to reductions due to adverse weather and/or surface conditions. It should be noted that since 2003 (during the MCG Northern Stand redevelopment and the M41 water main construction through Yarra Park), a maximum of about 4,725 spaces have generally been available.
15. Long Term Parking Availability Status – Council currently manages Yarra Park North to cater for the number of cars that can be accommodated on an on-going sustainable basis in a range of weather conditions. It is proposed that the new Agreement would also provide for parking to the maximum capacity of Yarra Park North, subject to the following considerations:
15.1. Sustainable management of Yarra Park - Protection of grassed areas and the requirement to ensure consistent availability of Yarra Park for parking requires periodic rotational spelling of the grass surface areas from car parking. The minimum area required to achieve this spelling is equivalent to 250 spaces.
15.2. Health of Park Trees – Frequent parking close to trees causes soil compaction and root damage, affecting the health of the trees and reducing the ir life. The capacity of each area requires sufficient set back from established trees to ensure their ongoing health.
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15.3. Minimising Car Damage - Parking cars too closely together leads to a higher likelihood of damage caused by minor collisions (especially in wet conditions), door opening on to adjacent vehicles and scratching by people squeezing between cars. A reasonable amount of space between parked vehicles better protects against damage and reduces Council’s risk of litigation.
15.4. Ground Condition and Safety Issues – as per existing Agreement (see paragraph 12.2 above).
Time Frame
16. Approval of the new proposed 5 year Parking Management Agreement by Council is needed as soon as possible so that Ministerial approval can be sought and obtained prior to the existing Agreement expiring on 29 September 2005.
Relation to Council Policy
17. Council’s “Park Policy” (1997) requires car parking on parkland to be reduced as alternatives become available. Council’s “Tree Policy” (1998) commits Council to protect its trees from developments or other activities that threaten their health.
18. Councils’ “Towards 2006 – Sports Policy (2003- 2005)” and “Environmental Sustainability Plan for the City of Melbourne’s Parks and Recreational Facilities - Growing Green” both call for the phase out of vehicle parking on parkland within specified time frames.
19. Council’s approved “Yarra Park Parking Management Strategy” (May 1998) calls for the current Parking Agreement to be reviewed to reduce the number of parking spaces provided in Yarra Park North as purpose built parking is developed. The Strategy also calls for enhanced communication of parking information and a precinct needs approach to parking management and the promotion of public transport.
Consultation
20. In preparing the new draft Agreement key stakeholders i.e. the Melbourne Cricket Club, Australian Football League, Melbourne and Olympic Park Trust, MCG Trustees, East Melbourne Association and Friends of the Elms have been consulted.
21. The views of the key stakeholders are summarised as follows:
21.1. Melbourne Cricket Club and Melbourne Cricket Ground Trust – Both the MCC and MCG Trust support a further 5 year agreement without annual review, but are concerned that the total capacity should not be reduced from the 5700 in the current Agreement. They also request that any new Agreement should provide non event times to cater for parking for patrons attending tours, functions and the new Sports Gallery and Museum which can not be accommodated in the basement car park. (700 spaces).
21.2. Australian Football League – Requests no reduction in parking capacity from the pre-MCG redevelopment level and that 5000 spaces should be available for all AFL events at the MCG. It proposes that should Area 16 become available , then this should increase the spaces available. The AFL supports a new 5 year Agreement with no changes other than possible changes to parking charges (which should be discussed with the AFL prior to their introduction).
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21.3. Melbourne and Olympic Park Trust – Is not opposed to some reduction in total capacity but as in current Agreement, requires Yarra Park North to be open for events at MOP when more than 10,000 people are expected to attend. It also requests that the current cap permitting opening for only 6 events in Olympic Park (South of Swan Street) be removed. However, in order to offset any increase in overall vehicle numbers using Yarra Park North for parking, it proposes that a cap of a maximum of 750 vehicles (other than for the Australian Open) be permitted in Yarra Park North for any MOP event. It also proposes that this could be reduced to 500 cars after 2008 when the new stadium South of Swan Street is completed. MOP also proposes that only Gate 3 should be used for vehicular entry to Yarra Park North and that Areas 10-16 of Yarra Park North be used only for MOP events to provide consistency for its patrons.
21.4. East Melbourne Group – Considers that car parking should not be permitted in Yarra Park, and considers that the new Agreement should reflect the next steps in phasing it out. The Group highlights Council’s policies in this regard. It considers that public transport should be developed as an alternative to parking with any minimum parking being accommodated in dedicated parking facilities (outside Yarra Park). The East Melbourne Group favours an increase in parking fees. It supports parking availability being based on carrying capacity, requests ongoing monitoring and a protocol for regulating the parking controller, and provisions to protect Yarra Park’s trees. It opposes an increase in parking arising from the proposed new stadium in the MOP area. Rather, it favours extending the current Agreement for a further 6 months to allow a study of parking and public transport alternatives for the precinct.
21.5. Friends of the Elms – Advocates phasing out car parking by increasing access by public transport. It supports an ongoing stakeholder committee and that opening for a maximum of 6 events in Olympic Park be maintained.
Government Relations
22. The Agreement requires the approval of the Minister for Planning. The Department of Sustainability and Environment (on behalf of the Minister) has been fully consulted in developing this new proposed Agreement.
Finance
23. The revenue generated from Yarra Park Parking included in the 2005/06 budget is $1.286M (reduced from previous years (by $0.300M) due to the restriction on parking during the Commonwealth Games).
24. The budgeted 2005/06 annual net funding provided to Council from parking in Yarra Park (revenue less budgeted Parking Contract management fee) is $0.761M.
25. Costs incurred by Council in relation to Yarra Park North include routine maintenance of horticultural assets under the Region 1 Open Space Contract (part) estimated at $0.21M; Access Pathway replacement averaging $0.1M/annum; Specialised ground treatment to parking lawns averaging $0.1M/annum; Capital improvements and Tree planting averaging $0.1M/annum.
Legal
26. The legal context is accurately described in this Report. Legal advice has been provided in relation to the new proposed Agreement and will continue to be provided as the need arises.
6 Sustainability
27. Connected and Accessible City - As the new proposed Agreement refers to a reduced maximum parking capacity but more frequent openings of Yarra Park North for smaller events, it is anticipated there is no net change in sustainability impact in relation to this theme
28. Inclusive and Engaging City - There is no significant sustainability impact.
29. Innovative and Vital Business City - There is no significant sustainability impact.
30. Environmentally Responsible City - As the new proposed Agreement reflects a decrease in park areas where parking will be permitted, but a greater number of times when the available areas will be used for parking, it is anticipated there is no net change in sustainability impact in relation to this theme.
Background
31. Parking has been allowed in Yarra Park North for events held at the Melbourne Cricket Ground (MCG) for over 50 years and for major events held at the Tennis Centre (Melbourne Park) since its construction in 1988.
32. The operation of section 17E of the Crown Land (Reserves) Act 1978 does not permit parking on reserved land such as Yarra Park in circumstances where the land has not been reserved for the purpose of parking unless agreed to by Council as Committee of Management and approved in writing by the Minister for Planning. The Minister shall not grant approval unless he or she is satisfied that prescribed conditions have been met.
33. The approval for parking for patrons of events at the MCG and certain events at the Rod Laver Arena, Vodafone Arena and Olympic Park is provided under a 5 year Agreement executed in 2000 between the City of Melbourne and the Minister for Planning. That Agreement was due to expire on 29 March 2005, but has been extended by agreement between the parties until 29 September 2005. To allow parking to continue at Yarra Park North in pursuit of the objectives set out at paragraph 11 of this Report, a new Agreement needs to be in place by 30 September 2005.
Attachment: 1. Plan of Yarra Park Precinct 7
Agenda Item 5.5 Planning and Environment Committee 2 August 2005 FINANCE ATTACHMENT
YARRA PARK PARKING AGREEMENT
The revenue generated from Yarra Park Parking included in the 2005/06 budget is $1.286M (slightly reduced from previous years (by $0.300M) due to the restriction on parking during the Commonwealth Games).
The budgeted 2005/06 annual net funding provided to Council from parking in Yarra Park is $0.761M.
Joe Groher Manager Financial Services
Agenda Item 5.5 Planning and Environment Committee 2 August 2005
LEGAL ATTACHMENT
YARRA PARK PARKING AGREEMENT
The legal context is accurately described in this Report.
Any new 5 year Parking Management Agreement would be entered into with the Minister for Planning in Council’s capacity as Committee of Management of Yarra Park and Joint Trustee with the Minister for Planning under the Crown Land (Reserves) Act 1978 (the Act). Power vests in the Governor in Council to reserve Crown land for public purposes in section 4 of the Act, and Council may be appointed as Committee of Management pursuant to section 14 of the Act.
Section 3E of the Local Government Act 1989 provides relevantly that two of the purposes of a Council are to:
1. provide and maintain community infrastructure in the municipal district (sub-section (c)); and
2. undertake strategic and land use planning for the municipal district (sub-section (d)).
Kim Wood Acting Manager Legal & Governance