SUBMISSION
ON BEHALF OF PROTECTORS OF PUBLIC LANDS VICTORIA INC. ON AMENDMENT C 70
BOROONDARA PLANNING SCHEME
The
Protectors of Public Lands Victoria Inc (PPL VIC) is a coalition of 75
environment, heritage and community organizations (some coalitions in their own
right) concerned to keep significant public lands in public ownership and
control; to support environmental sustainability; and to protect iconic
heritage places. We have an extensive network of contacts across Victoria and
are affiliated with Protectors of Public Lands NSW. We are here to support the
Tooronga Action Group (TAG) and to speak up in the interests of
Melbourne’s waterways and rivers in particular Gardiners Creek Reserve (the
Creek) and for what we perceive to be threatened public open space and
parkland. We have been involved in a number of planning hearings for member
groups, one instance being the Glenroy “Twin Towers” case.
GARDINERS CREEK RESERVE
Description: As you may be aware the Creek forms the southern
boundary of the Tooronga Village site.
A bike path along the banks of the Creek provides access to the west to
the CBD via the Yarra River route and South East to Warrigal Road. Abutting the
Reserve to the south is the wall of the Monash Freeway, which links the CBD
with southeastern suburbs of Melbourne. Visually intrusive power lines on
pylons skirt the Creek. At its closest
point the easement is only approximately 10 metres from the north edge of the
bike path. At the southeastern corner of the subject site is the Burke Road
East Reserve with playground and the former Glen Iris Bowling Club now used for
the U3A. This note on the Creek has
been included by way of introduction and information.
Degraded Condition: Unfortunately the Creek valley is much degraded
and full of rubbish. In our view it
appears to have been badly neglected over the years by Boroondara Council and
Melbourne Water.
Value: PPL VIC considers that,
even though now degraded and therefore possibly undervalued by Boroondara
Council, Melbourne Water and the proponent, the Creek is most valuable as part
of an extended linear park; as open space to the south of what could be a
massive over development with 600 dwellings; as a wild life corridor although
with further indigenous plantings needed; and as recreational space for walking
and cycling. Additionally the space is linked to the east with the Burke Road
East Reserve parkland and open space of U3A site. Concept plans for the Tooronga Village development show that it
is planned that the north south proposed open space strip through the site
would link up with the Creek to the south.
Policy Directives: Boroondara Council papers presented to the
Urban Planning Committee on 17 October 200 in preparing Tooronga Village –
Stockland Redevelopment Concept and Proposed Planning Scheme Amendment C 43,
although not implemented, contained a useful summary statement on Local and
State Government policy context at Attachment 1 and provides support for the
retention of a linear park, open space and a natural drainage corridor. For
instance, to give two examples, the quote from Melbourne 2030 Policies and
Initiates Direction 2.7 (A Great Place to Be) states: “Rectify gaps in the
network of metropolitan open space by creating new parks and ensuring major open
space corridors are protected and enhanced.” The State Planning Policy
under Clause 15.01 (Protection of catchments, waterways and groundwater)
states: “To assist the protection
and, where possible, restoration of catchments, waterways, water bodies, ground
water and the marine environment.”
Proponent’s Comments: In a booklet issued by
Stockland “Tooronga village redevelopment concepts”, issued when the 2005
community consultation over the Urban Design Framework, the statement is made “There
is a need to further evolve the UDF to have regard to the primary residential
focus and the delivery of state of the art environmental outcomes.” Also
“development should complement and enhance the Creek environment” and “building
heights should complement the character of the area and the slope, shape and
features of the site.” Under
“Opportunities and challenges “The existing Creek and
associated pedestrian and bicycle paths are an important community resource.
The redevelopment of the site presents the opportunity to improve the creek and
the immediate environment through revegetation and water sensitive urban design”
While we realise that the hearing is on Amendment C 70 these commitments by the
developer are important to note
Threats to Gardiners Creek Reserve: After attending the current
Panel hearings we are most concerned, and indeed alarmed, that so-called
“improvements” and modifications apparently deemed necessary or desirable plus
impacts of the Tooronga Village development could destroy the Creek by the
following:
·
“Acoustic”
walls planned to baffle noise from the Monash Freeway could turn the Reserve
into a concrete canyon and destroy its character as a linear park;
·
A
“stronger built edge” of dwellings 4 to 8 levels along the Creek would add to
the canyon effect and overshadow the Reserve;
·
The
bike path might have to be moved or removed altogether if so called
“improvements” were to be made to the banks of the Creek as suggested to
residents by Melbourne Water;
·
The
proponent appears intent on building on flood prone land in the Land Subject to
Flooding Overlay zone in Precincts 2, 3 and 4 thereby reducing the flood
storage capacity of the subject site. Our concern is that he will attempt to
obtain flood storage on public parkland next-door i.e. on Burke Road East
Reserve and/or the U3A sites next door to the east or further upstream. (We are
opposed to public land being handed over for private development);
·
There
seems to be a lack of realisation that the Creek is contaminated with raw
sewage especially when it floods in wet weather. It is in fact the most
polluted of all the Yarra tributaries. It is said to have over powering foul
smells. Flooding leaves a legacy of
contamination when the flood subsides and is, therefore, a health hazard. (See
comments below.)
·
The
run off from hard-stand on the 10 hectare site when developed will be
channelled into already overloaded storm water drains and is predicted to
exacerbate the problems of flooding;
·
Setback
of the Tooronga Village development has been mentioned as 30 metres from
northern edge of the bike path. The proponent appears, however, intent on
building relatively close to the power lines and therefore should allow 70
metres setback for public safety according to UK electro magnetic experts
mentioned at the hearing. It should be noted that the former Minister Mary
Delahunty amended the Whitehorse Planning Scheme – Amendment C 24 – in order
that all land owned by Deakin University in Burwood “within 60 metres of the
Gardiners Creek”… is protected as “the Gardiners Creek Linear Reserve and
environs.”
·
The
density of development - 600 dwellings on a 10-hectare site - will add pressure
on the storm water drains and sewage. (Compare with Kensington Banks on 40
hectares and Parkville Gardens – used as Games Village - on 20 hectares);
·
The
term wetland appears to be used interchangeably with a flood retention basin.
Wetlands won’t survive if flooded with sewage, which is now occurring with
every flood. They might not survive if flooded. Anyway the task of establishing
wetlands takes many years as I know from the Royal Park wetlands established in
conjunction with the Parkville Gardens redevelopment.
The subject of flooding and drainage, with the
attendant danger that the proponent will request a flood storage area or
retaining basin on public land, has been covered in excellent submissions by Mr
Graeme Peake, Instructed by Rennick and Gaynor for JT Snipe Investments; his
witness Mr Kusminskas; Mr Alan Timcke and then Mr David Williams on behalf of
Mr Timcke; and Mr Peter Lewin.
I do not want to repeat arguments previously covered
but would like to make several comments.
I have provided at:
Attachment 1 - a copy of the Land Subject to Inundation Overlay (LSIO) and the Scheme. I understand that the LSIO will remain unchanged under Amendment 70.
I have included on disk a scan of part of the Melbourne Water Waterway Plan for Gardiners and Scotchman’s Creeks (This is the June 2006 version). It shows the 1 in 100 flood level over the Tooronga Village site (in green) plus four large drains (marked in red) entering Gardiners Creek very close to the Tooronga Village site including the Rix Street Main Drain, which crosses the proposed development site. (The plan does not include any provision for any development in the catchment - it only deals with the issues at the current level of load on the drainage and sewage systems. (Note this plan is 162 pages of text and 11 A3 pages of full colour maps overlayed in aerial photographs.)
The Leighton “gasometer” site downstream of the Tooronga Village site is also on the floodplain and the impact of this development perhaps should be considered together with the Tooronga Village proposal. Note that all of the floodwater at Kooyong and Scotch College comes via Tooronga. Kooyong and Scotch playing fields are below the green line as well. Scotch has a higher levee bank so the Kooyong/St.Kevins side always floods first.
There is an automatic flood
level monitoring station just downstream of Toorak
Road called "GARDINER". Creek levels and flow rates are recorded here
so
Melbourne water has full records of all the levels for all recent flood
events only a little downstream from the Tooronga site. I believe that
Melbourne Water are able to present complete data from their SCADA computer
system.
The point is that flooding is a major problem in the WHOLE catchment even the small tributaries that are only a small trickle in the dry can easily rise 4 metres with a storm upstream somewhere.
CONTAMINATION
As mentioned above Gardiners Creek is reputed to be
the most contaminated tributary of the Yarra, contaminated with sewage from
failing septic tanks and illegal connections.
Put simply when the Creek floods it results in a toxic spill of faecal
matter and presents significant public health, environment and amenity issues
for the proposed Tooronga Village development and for the actual Gardiners
Creek Reserve.
Below
is some of the evidence:
Gardiners Creek is a modified Reach in the
Yarra Basin and within the Yarra Catchment. The latest Index of River Condition
data for the Gardiners Creek Reach is for the 5 years to 30th June 2004 and was
compiled by Melbourne Water and has been recently published. The IRC for the Creek is 18 (out of 50),
which is categorised as “Very Poor.” This is recorded on the Melbourne Water
website.
The crisis
in the health of the Yarra River (and its tributaries) and water quality has
been the subject of the State Government’s Public Accounts and Estimates
Committee reports to Parliament the latest being the Report on the 2004 to 2005
Budget Outcomes of April 2006.
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The
Auditor General’s Report “Protecting Our environment and community from
failing septic tanks” June 2006 Attached is the press release of Monday 31 July
2006 “Massive Melbourne Waterway Pollution Up to 850 Times Accepted Levels –
But Thwaites Throws in the Towel” from David Davis, Shadow Minister for
Environment. Note what he says about
Gardiners Creek. RECOMMENDATIONS We recommend the following: 1.
That Gardiners Creek Reserve be maintained and protected as a
linear, indigenous park and that the cycle track not be moved or interfered
with; 2.
That flood storage be confined to the proposed development site and
no public land be alienated for this purpose and that the Burke Road East
Reserve and U3A site be retained for public recreation; 3.
That no part of the proposed Tooronga Village be constructed within
the LSIO on grounds of public health and safety and protection of the
Gardiners Creek Reserve; and 4.
That in view of the State Government’s concern over the health of
our rivers and the implications for public health and amenity that a broad
ranging study of drainage, flooding and sewage contamination be undertaken
of the Gardiners Creek Catchment area where development has been designated.
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Julianne Bell
Secretary
Protectors of Public Lands Victoria Inc.
PO Box 197
Parkville 3052
98184114 or 0408022408
4 August 2006