154 department: community and economic … meeting - 28 july 2010 bass coast shire council bass...

Ordinary Meeting - 28 July 2010 Bass Coast Shire Council

Bass Coast Shire Council

J.1 Amendment C115 – Stony Point – Cowes Vehicular Ferry, Cowes Transport Terminal

File No: CM10/154 Department: Community and Economic

Development Council Plan Strategic Objective: Cohesive Communities

We will improve lifestyle opportunities and options by managing the built environment and encouraging cohesive communities.

Declaration

The reporting officer does not have a direct or indirect interest in this matter.

Summary

Bass Coast and Mornington Peninsula Shire Councils and various State Government departments have been working towards the establishment of a vehicular ferry between Stony Point and Cowes for many years.

At the October 2008 Ordinary Meeting, Council resolved that it “commit to contributing 50% to the funding of the planning process for the Stony Point to Cowes Car Ferry Project, which is estimated to not exceed $235,000, payable over two financial years”. Mornington Peninsula Shire Council also committed to contribute $235,000, while Tourism Victorian and Regional Development Victoria agreed to provide $100,000 funding each for the concept design and statutory planning phase of the project.

Bass Coast Shire Council, on behalf of the Project Team, conducted a tender process and selected a consultant team, led by Meinhardt Infrastructure & Environment Pty Ltd (Meinhardt), to prepare concept plans for the vehicular ferry (and related infrastructure) at nominated locations at Stony Point and Cowes as well as the necessary statutory planning and referral documents. This phase of the proposed Stony Point to Cowes vehicular ferry project has now progressed through community and stakeholder consultation, preliminary technical investigation and concept design to the development of Draft Concept Plans for the project. It has also led to the preparation of preliminary technical studies, draft Planning Scheme Amendment documentation, draft environmental referrals under the Environment Effects Act (1978) and Environment Protection and Biodiversity Conservation Act (1999) and a preliminary application for Coastal Management Act Consent.

The Draft Concept Plans have been prepared collaboratively by State and Local Government, with input from community members and various stakeholders. The Draft Concept Plans have been placed on public exhibition in both Shires and are supported by technical analysis. It is now recommended that Councillors endorse the Draft Concept Plans; submit the environmental referrals; authorise officers to request the Minister for Planning to Prepare and Exhibit an Amendment to the Bass Coast Planning Scheme to provide the Draft Concept Plans with statutory weight; and seek in principle Coastal Management Act consent.



Introduction

The two sites selected for further investigation in the Stony Point to Cowes Vehicular Ferry Project are:

• Stony Point - the area around the Stony Point jetty, including a portion of the land currently leased to Toll Western Port, which forms part of the Port of Hastings.

• Cowes - existing jetty and adjoining foreshore (centered primarily in and around the Jetty Triangle) and town centre.

Refer to Attachment 1 for the study area at both locations.

Background and Context

To assist in developing the vehicular ferry proposal, the consultant team was provided with the following elements as a starting point:

• Nominated sites at Stony Point and Cowes. • Base concept plans for both sites. • Operational requirements for the vehicular ferry.

Each of these elements set an important base framework and shaped the way in which studies and investigations have been undertaken.

Nominated Sites

The previous strategic work that has been undertaken has provided the foundation for this current study.

The two sites were selected following a preliminary assessment of various sites undertaken as part of two previous studies - Phillip Island Car Ferry Feasibility Study (1995) prepared by Bass Coast Shire Council and Cowes to Stony Point Pre-Feasibility Study (2003) prepared by Arup Consultants.

The 1995 study examined four potential sites for terminal facilities on Phillip Island (Erehwon Point, Cowes Jetty, Justice Road and Anderson Street), while three sites were considered at Stony Point (two within the port precinct using the existing reclaimed area at the foot of Stony Point jetty for access and the third site was adjacent to the existing boat ramp). This study recommended the site north of the existing pier at Stony Point, and Erehwon Point on Phillip Island.

The 2003 study focused on four sites on Phillip Island (Anderson Street, Cowes Jetty, Erehwon Point and Rhyll) and nominated Cowes Jetty as the preferred location. This study did not include options for Stony Point as this site was determined through the 1995 study. It also did not consider the Justice Road site as it was not seen as a cost effective option and was eliminated.

Consideration of the potential environmental impacts associated with the other sites was a key factor in selecting Cowes Jetty for further consideration/investigation.



Base Concept Plans

The Cowes to Stony Point Pre-Feasibility Study 2003 outlined a number of potential concepts for the vehicular ferry at the two nominated sites. These concepts were referred by both Shires to the former Minister for Planning, the Honourable Rob Hulls, in 2006.

Refer to Attachment 2 for the preferred base concepts outlined in the 2003 Arup study.

Operational Parameters of the Vehicular Ferry

The following operational parameters for the ferry were provided to the consultant team as a starting point:

• The vehicular ferry is to have a capacity of up to 50 standard vehicles (or equivalent).

• The vessel is to sail directly from Stony Point to Cowes.

• The voyages are to be hourly point to point (resulting in a two hour return trip).

• There is to be a maximum of ten sailings per day (five each way).

These parameters were endorsed by the then Minister for Planning, the Honourable Rob Hulls, in his letter (dated June 2006), which states that an Environment Effects Statement is not required based on the concepts outlined in Attachment 2 and parameters outlined above.

Strategic Support for Project

The Stony Point to Cowes Vehicular Ferry offers the opportunity to create a world class tourism route linking the Great Ocean Road, Mornington Peninsula, Phillip Island/Bass Coast, Wilsons Promontory, Gippsland Lakes and Sydney-Melbourne Coastal Drive.

The ferry route is a strategic linkage that completes the route. It can be expected that significant economic and social benefits will arise through the completion of this link. There are a number of regional and State policies and reports that support the development of the vehicular ferry, including:

The Victorian Transport Plan (2008)

Ferry transport in Victoria plays an important role for coastal communities and visitors. Established ferry services include the successful passenger and car service between Sorrento and Queenscliff and the French Island/Cowes Ferry. These services provide important connections across Port Phillip Bay and between the Victorian mainland and populated islands and are used by residents, tourists and for light freight purposes as part of the local transport network.

The Victorian Government, through the Bays and Maritime Initiative, is developing a long term plan to renew maritime infrastructure and revitalise key harbour



precincts around Port Phillip Bay and Western Port. This will enable greater public access to and enjoyment of popular coastal and beach destinations.

Boating Coastal Action Plan (2007)

Stony Point and Cowes are located in Area 8 (North West Western Port) and Area 9 (South East Western Port) respectively. The Plan notes that the potential to establish a vehicular ferry between Stony Point and Cowes is being investigated.

Regional Tourism Action Plan (2009-2012)

The Regional Plan is supported by the Regional Marketing and Development Plan 2009-2010 – Mornington Peninsula and Regional Marketing and Development Plan 2009-2010 – Phillip Island, Tourism Victoria

The vehicular ferry project is included in the key actions for 2009 – 2012 for the Mornington Peninsula and Phillip Island regions, under the Investment and Infrastructure section of the Regional Tourism Action Plan.

This long-term project will ensure the Phillip Island region is well placed to further leverage its proximity to Melbourne with the project creating an important access link to the Island.

Gippsland Regional Plan (2010)

The Gippsland Regional Plan has been developed by the Gippsland Local Government Network, with involvement from relevant Government Departments in Gippsland as well as the newly created Gippsland Board of Regional Development Australia. The Plan will position the Gippsland region to take advantage of regional opportunities through the State Government Regional Blueprint. The Stony Point - Cowes Vehicular Ferry is listed as a high priority project under this Plan and the Destination Gippsland Strategic Plan.

Process Undertaken in Current Study

Concept Plan Development – Preliminary Draft

Preliminary Draft Concept Plans for the nominated sites at Cowes and Stony Point were prepared for community feedback, these plans sought to address the objectives developed through the first round of consultation and the brief provided by local and State government. The Plans provide an indication for how the buildings and facilities required to support the ferry service in Cowes and Stony Point could be developed. The Preliminary Draft Concept Plans also aimed to show the maximum level/type of development envisaged.

A copy of the Preliminary Draft Concept Plans placed on exhibition is provided in Attachment 3.



Stakeholders / Consultation

Consultation research has been undertaken to ensure that the investigation of the options for the vehicular ferry is well informed by community views and concerns. The consultation and research process was undertaken at three key points in the study.

First Consultation Round

The first round of consultation was undertaken between July to September 2009, prior to the development of concept plans for the identified sites at Stony Point and Cowes. To ensure a rigorous and representative approach to the community consultation and research, a program was designed to facilitate broad based community input at this early stage in the study and to target key agencies and stakeholders representing the environmental, social and economic dimensions of the project. The consultation and research process included:

• A workshop with a Community Reference Group established by the Shires to facilitate community feedback at key project stages;

• Distribution of an information bulletin and feedback sheet to just over 19,000 residents and non-resident ratepayers in the Bass Coast Shire and to residents of Bittern, Crib Point and Stony Point (2,400 households) in the Mornington Peninsula Shire;

• A telephone survey of a random sample (400 responses) of residents and non-resident ratepayers in both Shires;

• Four focus group discussions with randomly recruited residents; and

• Three roundtable discussions with invited government and community agencies.

Approximately 620 responses were received in response to the opportunity to provide written feedback regarding the proposed vehicular ferry.

A number of key issues and opportunities were identified through the first round of consultation. These included:

• A high level of in-principle support for the project;

• Concern about the siting, scale and impact of facilities;

• Strong interest in the potential economic benefits that might result from the project;

• Enthusiasm for the opportunity to explore new tourism markets and cultural opportunities;

• Support for improvements to local infrastructure, amenity and safety;

• Concern about the economic viability of the project and any potential burden on rate payers;

• Concern about any social or environmental impacts that might result from the project; and



• A desire to see the project address the wider precinct issues, such as parking and traffic management.

A report titled Stony Point – Cowes Vehicular Ferry Project Consultation and Research Summary (Issues & Opportunities) September 2009 documents the consultation research that was undertaken.

Refer to Attachment 4 for a copy of the Consultation and Research Summary.

Second Consultation Round

In December 2009, a community and stakeholder workshop (Design Charette) was also held to inform the design principles for the Cowes Concept Plan.

A number of project objectives were developed by community and stakeholder representatives to inform the development of the Draft Concept Plans. These objectives reflect the issues raised in the consultation process:

Social and Cultural Objectives

• Protect and enhance existing recreational uses and functions. • Maintain the social and recreational value of the beach frontage • Preserve and enhance the heritage values • Improve foreshore amenities, access and safety for residents and visitors • Enhance the role of the foreshore as a social/meeting and event space • Minimise conflict/optimise shared benefits between visitor and resident functions • Support community confidence through an open and inclusive process

Economic Objectives

• Optimise opportunities for exiting and new businesses • Optimise economic viability of ferry service and return on public investment • Extend seasonal demand with a world class coastal touring route • Enhance functionality of foreshore

Environmental Objectives

• Protect the unique amenity of the north facing beach at Cowes • Protect marine environment Minimise traffic and parking impacts • Minimise impact on flora and fauna • Deliver best practice in environmental design • Improve landscape and foreshore qualities

Other Objectives

• Create a safe harbour for all • Protect and enhance the unique character of the precinct

These objectives informed the development of draft concept plans for the nominated sites at Cowes and Stony Point.



Third Consultation Round

The third round of consultation was undertaken during the public exhibition of Draft Concept Plans (during March/April 2010) and involved:

• A launch of the Draft Concept Plans to a joint meeting of Councillors and officers from both Shires with the Community Reference Group on Monday 22nd of March 2010.

• Two community information displays at the following locations:

- Bass Coast Shire Council – Chapel St, Cowes (outside Coles supermarket) on Friday 26 March between 3.00 pm and 6.00 pm.

- Mornington Peninsula Shire Council – Hastings Hall on Saturday 27 March between 10.00 am and 1.00 pm.

• Displays were set up in the following locations within Mornington Peninsula Shire Council:

• Pelican Park Aquatic Centre

• Crib Point Community House

• Stony Point Caravan Park and boat ramp

• Council offices (Hastings, Mornington, Rosebud); and

• Mornington Peninsula Libraries (Hastings, Mornington, Rosebud and Mobile Library).

• Displays were set up in the following locations within Bass Coast Shire Council;

• Phillip Island RSL,

• Customer Service Centres (Cowes, Wonthaggi, Grantville & Inverloch); and

• Bass Coast Libraries (Cowes, Wonthaggi, Inverloch) and Newhaven Visitor Information Centre.

A community bulletin and feedback sheet was prepared and mailed out to a project mailing list of approximately 650 interested people. The project information was also available at key community venues and on Bass Coast Shire and Mornington Peninsula Shire websites.

Following exhibition of the Draft Concept Plans, a total of 898 written responses and two petitions were received. Almost two-thirds of the respondents to the Draft Concept Designs were from the Bass Coast Shire, with approximately half of the total responses coming from residents of Cowes. The breakdown of responses by municipality was as follows:

• Bass Coast Shire – 576 submissions.

• Mornington Peninsula Shire – 54 submissions.

• Non-residents – 268 submissions.

The petitions received comprised a petition in support of the concept (1243 signatures) and a petition opposing the proposed location and design at Cowes (835 signatures).



Of the 898 written responses, approximately 100 responses simply stated ‘wrong location’ and provided no feedback in relation to the design.

Design based suggestions/comments are outlined below in the section titled “Refinement of Draft Concept Plans”.

Refer to Attachment 5 for a copy of the Stony Point – Cowes Vehicular Ferry Project Feedback on Draft Concept Design June 2010.

Technical Studies

Following the preparation of Draft Concept Plans for each site, a number of preliminary technical investigations were undertaken. The following technical studies have examined the Draft Concept Design with regard to possible Environmental, Economic and Social impacts:

• Terrestrial Ecology (flora and fauna) – refer Attachment 6.

• Marine Ecology (flora and fauna) – refer Attachment 7.

• Indigenous Cultural Heritage – refer Attachment 8.

• Non Indigenous Cultural Heritage – refer Attachment 9.

• Traffic and Parking Management Plan – refer Attachment 10.

• Coastal Process/Coastal Engineering – refer Attachment 11.

• Economic Impact Assessment – refer Attachment 12.

• Social Impact Assessment – refer Attachment 13 (document pending).

The technical studies are also required to support the preparation of planning scheme amendment documentation. As indicated in each report, more detailed studies may be required to be prepared following the preparation of detailed designs for each site.

Refinement of Draft Concept Plans

Following the receipt of community feedback and preliminary technical studies, the Project Steering Committee met to consider the information and opportunities to modify the Draft Concept Plans in response to the feedback received.

Attachment 14 provides a summary of the design based issues raised in the feedback and the Steering Committee’s response to each issue. The recommended changes, which have subsequently been made to the Draft Concept Plans, are shown in bold.

Refer to Attachment 15 for a copy of the revised Draft Concept Plans.

In response to stakeholder feedback requesting 3D drawings of the Draft Concept Plans, a number of watercolour perspectives have been prepared for Cowes (3 perspectives) and Stony Point (1 perspective).

Refer to Attachment 16 for a copy of the watercolour perspectives prepared for Cowes and Stony Point.



Next Steps

As shown above, the project has come some way to date. There remain several steps to follow. These are outlined in Table 1 below.

Table 1

Step Key Task Description Status

1 Draft Concept Plan and Preliminary technical studies prepared.

An initial draft Concept Plan was developed by State and Local Government representatives.

Completed

2 Preliminary consultation with the community and stakeholders

Preliminary community consultation in relation to the Draft Concept Plan was undertaken with the local communities of Cowes and Stony Point in March/April 2010.

Completed

3 Changes made to Concept Plan following community and stakeholder consultation.

Community and stakeholder feedback was reviewed. Changes were made to the Concept Plans in response to feedback received.

Completed

4 Council resolutions to endorse Concept Plan and commence statutory processes.

A resolution is sought from Council to endorse the Draft Concept Plan prepared for Cowes.

A resolution is also sought from Council to request the Minister for Planning to Prepare and Exhibit a Planning Scheme Amendment under the relevant provisions of the Planning and Environment Act 1987. An amendment is required as:

• The use of land for a Transport terminal is currently prohibited on part of the subject land.

• The amendment is also required to include the northern extent of the subject land currently located outside of the Bass Coast Planning Scheme within the planning scheme to provide a consistent approvals process for future use and development across the subject land.

A resolution is sought from Council that in the event there are submissions received in response to the exhibition of the amendment that Council consents to the submissions being forwarded directly to Planning Panels Vitoria for consideration.

A resolution is sought from Council to request Planning Panels Victoria to appoint an Independent Planning Panel to hear submissions and pre set Panel hearing dates for the amendment.

Current Stage



Finally, resolutions are also sought from Council to prepare and submit relevant referrals and consents under the provisions of the Environment Effects Act 1978 to the Minister for Planning; Environment Protection and Biodiversity Conservation Act (EPBC) Act 1999, and Coastal Management Act 1995.

5 Amendment documentation finalised and sent to the Minister for Planning for authorisation

Following consideration by Council, amendment documentation will be finalised and sent to the Minister for Planning with a request to authorise preparation and exhibition of the amendment.

Future Step

6 Statutory referrals and consents lodged with relevant Ministers and Departments.

Please note: this step is concurrent with step 5

Statutory referrals and consents lodged with relevant Ministers and Departments. These include:

• Finalise and submit a referral under the provisions of the Environment Effects Act 1978 to the Minister for Planning;

• Finalise and submit a referral under

the provisions of the Environment Protection and Biodiversity Conservation Act (EPBC) Act 1999 to the Minister for Environment Protection, Heritage and the Arts; and

• Finalise and submit a Request for “in

principle consent” under the Coastal Management Act 1995 for the ‘Draft Stony Point – Cowes Vehicular Ferry Project – Cowes Terminal Concept Plan dated 30 June 2010’ from the Department of Sustainability and Environment.

Given that changes have been made to the concept plans since the Minister for Planning provided initial advice on this project in 2006, it will be necessary to make another referral of the Concept Plans to the Minister for Planning.

This referral would be made at the same time as the request is made to the Minister for Planning to prepare and exhibit a Planning Scheme Amendment.

The Environment Protection and Biodiversity Conservation Act is the Australian Government’s central piece of environmental legislation. The Act provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places - defined in the Act as matters of national environmental significance.

Future Step



As both sites are located in Western Port, which is listed as a Wetland of International Importance or ‘Ramsar site’, a referral under the Environment Protection and Biodiversity Conservation Act is required. This referral will be made at the same time as the referral under the Environment Effects Act is made.

Pursuant to Section 37 of the Coastal Management Act 1995, consent is required to use or develop Crown land within 200 metres of the high water mark. This consent will be required for both sites.

Whilst the detail available in the Draft Concept Plans is not adequate to inform a formal application for Coastal Management Act Consent, the concepts will be used to submit an informal application. The Department of Sustainability and Environment will be asked to provide in principle support for the Draft Concepts Plans.

7 Receive Authorisation response and commence exhibition period if authorisation is received.

The Minister for Planning will consider Council’s request to prepare and exhibit the Planning Scheme Amendment. The Minister may respond in one of three ways – 1) Authorisation provided, 2) Authorisation, subject to conditions, 3) No Authorisation provided.

It must be noted that the preparation of the Amendment will not be authorised by the Minister nor placed on exhibition until he receives advice regarding the need for an Environment Effects Statement.

Should the Minister provide Council with authorisation, Council will exhibit the Planning Scheme Amendment for a period of 28 days. Notice must be provided to affected parties, and advertisements placed in the local newspaper and Government Gazette. The exhibition period provides the opportunity for interested parties to lodge written submissions in relation to the Amendment.

Future Step

8 Submissions forwarded directly to Planning Panels Victoria

Following the exhibition of an amendment, submissions will be forwarded directly to an Independent Planning Panel appointed by Planning Panels Victoria.

Future Step

9 Panel Hearing An Independent Planning Panel appointed by Planning Panels Victoria will hear submissions in relation to the Amendment. The Panel will consider all written submissions received during the exhibition period. An opportunity to address the Panel in person will also be provided. The Panel will consider submissions

Future Step



from Council, the community, and Government agencies.

10 Panel Report received Following the hearing, the Panel will deliberate and hand down its report on the amendment. The Panel’s report will consider submissions received in relation to the amendment and will identify any recommended changes (if required) to the amendment material.

Future Step

11 Council meeting to consider the Panel’s recommendations. A Council resolution required to adopt the amendment.

Council will meet to consider the Panel’s report. Council may choose to approve, approve with changes, or abandon amendment based on its review of the Panel’s report.

Future Step

12 Forward adopted amendment to the Minister for Planning for final approval and gazettal.

Should Council resolve to adopt the amendment, adopted amendment documentation will be forward to the Minister for Planning for approval. The Minister for Planning will consider Council’s request for approval.

Future Step

13 Gazettal of amendment Should the Minister approve the amendment, notice of approval will be given in the Government Gazette.

At this point, Council will inform submitters to the amendment of the Minister’s decision.

Future Step

Planning Scheme Amendment

The proposed planning scheme amendment seeks to ensure that a consistent statutory framework is in place within the Bass Coast and Mornington Peninsula Planning Schemes prior to preparation of detailed plans and proposals.

• The amendment rezones the subject land at Cowes from part Mixed Use Zone and part Public Park and Recreation Zone to a Special Use Zone (SUZ). A new Schedule 6 to the SUZ is added to the Bass Coast Planning Scheme.

• The amendment deletes the Mixed Use Zone, Public Park and Recreation Zone, and Vegetation Protection Overlay (VPO) from the subject land.

• The amendment makes changes to Clause 61.02 to include the full extent of the subject land as within the Bass Coast Planning Scheme.

• The amendment retains Heritage Overlay’s HO42, and HO43 which currently apply to the subject land in recognition of their local heritage significance.

An Explanatory Report, new Schedule to the Special Use Zone – Schedule 6(SUZ6), an amended Clause 61.02 and new planning scheme map showing the whole site as within the SUZ6 is provided in Attachment 17.



Strategic Basis

State Planning Policy Framework

The Special Use Zone allows tailored provisions to be applied to facilitate specific planning outcomes such as the Cowes Transport Terminal. The use on the subject land has a strong strategic justification within the State Planning Policy Framework and accords with the following relevant policy objectives:

Clause 12.05 - A great place to be

With regard to “Urban design”, objectives of this clause seek to create urban environments that are of better quality, safer and more functional, provide more open space and an easily recognisable sense of place and cultural identity. Strategies require development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate.

With regard to “Maritime precincts”, strategies seek to develop a network of maritime precincts around Port Phillip and Western Port Bay that serve both local communities and visitors; and maintain and expand boating and recreational infrastructure around the bays in maritime precincts including Stony Point/Cowes.

Clause 15.08 – Coastal Areas:

This clause identifies that significant environmental features and natural coastal resources should be protected and maintained. The Clause further identifies that land use and development planning should be coordinated with the requirements of the Coastal Management Act 1995, while decision-making by planning authorities and responsible authorities should apply the hierarchy of principles for coastal planning and management as set out in the Victorian Coastal Strategy 2008.

Clause 17.04 – Tourism:

Objectives of this clause seek to encourage tourism development to maximise the employment and long-term economic, social and cultural benefits of developing the State as a competitive domestic and international tourist destination. Strategies seek to encourage the development of a range of well designed and sited tourist facilities.

Clause 19.03 – Particular Uses and Development:

Identifies that development must take into account the natural, cultural and strategic context of its location; and that landmarks, views and vistas should be protected and enhanced or, where appropriate, created by new additions to the built environment

Local Planning Policy Framework

The amendment introduces a Special Use Zone Schedule 6 into the Bass Coast Planning Scheme to facilitate the development and operation of the Stony Point – Cowes Vehicular Ferry service and associated infrastructure. This approach accords with the following Local Planning Policy Framework objectives:



Clause 21.04 – Vision

The purpose of this clause is to promote; year-round services and commercial opportunities; quality tourist development which is responsive to tourism market demand; and the protection of ecology and biodiversity.

Clause 21.07 - Environment

This clause seeks to identify the coastline as significant. Strategies seek to protect the Shire’s sensitive coastline from environmental degradation and inappropriate development.

Clause 21.08 - Landscape and Built Form

This clause can be applied to coastal landscapes for their social value to the community and importance to the Shire as a tourist feature. Strategies seek to protect coastal landscapes from inappropriate development.

Clause 21.06-4- Tourism

This clause seeks to encourage new tourist development in appropriate locations by supporting defined tourist areas, including the subject land. The Clause identifies the importance of tourism in the Shire, and the need to ensure a balance between tourist development and protection of the Shires’ natural resources. Strategies seek to encourage new tourist development to minimise its impact on the natural environment, and to provide the necessary infrastructure needed to host major sporting and cultural events.

Clause 21.09-1 - Transport

This clause seeks to provide adequate car parking facilities in proximity to tourist attractions, recreation destinations, the coastline, and commercial activity centres.

Clause 21.10-5 - Cowes

This Clause establishes that the “Cowes Structure Plan” is to provide direction for the future physical form of Cowes and the foreshore precinct.

Strategies seek to ensure that the future land use, built form, landscape and infrastructure requirements of the Cowes Township are considered at the planning proposal stage.

Clause 21.11 - Implementation

This clause includes direction for “Applying Special Use Zone”. The Clause seeks to apply the SUZ where there is the potential to accommodate large-scale private recreational/tourist developments in accordance with Council’s adopted strategies.

The proposed amendment responds to the LPPF by introducing a planning framework for the subject land which balances the facilitation of new tourism opportunities in a designated tourist location with the protection of natural and man made features. The amendment also responds to the LPPF by identifying the necessary traffic and car



parking provisions to support the future development of the site as a Transport terminal.

Council Adopted Strategies

The establishment of the vehicular ferry is supported by two strategic planning documents prepared by Bass Coast Shire, the Cowes, Silverleaves, Ventnor and Wimbledon Heights Structure Plan and The Phillip Island and San Remo Design Framework.

Cowes, Silverleaves, Ventnor and Wimbledon Heights Structure Plan

The Cowes, Silverleaves, Ventnor and Wimbledon Heights Structure Plan was adopted by Council on 10 February 2010 and is the subject of Planning Scheme Amendment C88 to the Bass Coast Planning Scheme. The Structure Plan was developed in response to the following underpinning themes:

• Creating resilient and sustainable settlements;

• Managing the rural and urban interface;

• Protecting the character of the individual settlements; and

• Managing the pressure on existing services and infrastructure.

The purpose of the Structure Plan was three-fold, being:

• Firstly, to identify the key strategic influences and drivers of change within the Structure Plan area;

• Secondly, to articulate the agreed vision for the future of the Structure Plan area to 2030; and

• Thirdly, to establish a framework of principles and corresponding strategies that direct future land use and development decisions towards achieving the agreed vision.

The Structure Plan states that the State and Local Government are committed to determine the feasibility of creating a viable car ferry service, linking Cowes to the mainland.

Phillip Island and San Remo Design Framework 2003 (The Framework)

The Framework is a policy document adopted by Council and identified as a reference document in Clause 22.06.

The Framework establishes a vision, strategies and guidelines that will help shape the structure, function and appearance of Phillip Island and San Remo over the next 20 years. The Framework recognises that the population of Phillip Island and San Remo is expected to continue to increase and promotes urban consolidation to accommodate the additional population.



The Framework includes the vehicular ferry connection between Cowes and Mornington Peninsula into the vision for movement and location, links and destinations within the Framework. It is also included in the Short Term Plan of general actions within this Framework, which recommends that this opportunity be investigated.

Finances

In October 2008 Council resolved to commit to $235,000 to the funding of the planning process for the Stony Point to Cowes Vehicular Ferry Project, spread over two financial years. Mornington Peninsula Shire Council has also contributed $235,000, while Tourism Victoria and Regional Development Victoria have each contributed $100,000. The total cost of this stage of the project has been budgeted at $670,000.

Stakeholders

The Planning and Environment Act 1987 sets out the requirements for planning scheme amendments. Key stakeholders in this process include Council, State Government Departments, referral agencies, and the surrounding community.

Statutory Requirements/Codes/Standards/Policies

The Planning Scheme Amendment process (and any subsequent process in considering a development plan or planning permit application), are undertaken under the provisions of the Planning and Environment Act 1987.

If Council resolves to prepare an amendment, a request must be sent to the Minister for Planning to authorise the amendment prior to it being exhibited. The requirements to exhibit the amendment are also prescribed under the Planning and Environment Act 1987 and involve written notice being provided to adjoining and nearby landowners, advertisements being included within newspapers, the Government Gazette and to Prescribed Ministers/statutory authorities. The exhibition of an amendment is a statutory process and ensures that all interested parties are provided with the opportunity to view and make a submission to the amendment and to be heard before an independent Panel.

Other Options

There are three options available to Council:

Option One

The first option, as recommended by the report is to endorse the concept plan and request authorisation from the Minister for Planning to prepare and exhibit an amendment to the Bass Coast Planning Scheme.

Implications

Endorsing the concept plan does not mean that the vehicular ferry project will go ahead at the site selected. Endorsing the concept plan and agreeing to proceed with an amendment to the planning scheme (in the form proposed in this report), opens the way for a formal public exhibition process and opportunity for those opposed to



the vehicular ferry to make a submission to an independent planning panel appointed by the Minister for Planning.

At this point in time both Shire Councils and other members of the Project Steering Committee (Tourism Victoria, Regional Development Victoria, Parks Victoria, Department of Sustainability and Environment, and Department of Planning and Community Development) have had the benefit of independent advice. It is considered that the only way that Council can ensure the community is fully informed is to undertake the planning scheme amendment process.

Agreeing to commence this formal statutory planning stage also enables Council to put very specific and comprehensive development controls in place, and in accordance with the community’s objectives for the project. The State Government would have to abide by these controls in submitting their detailed development plans. Council would also be implementing policy directions set within the Cowes, Silverleaves, Ventnor and Wimbledon Heights Structure Plan and The Phillip Island and San Remo Design Framework.

Option Two

The second option would be to not endorse the revised concept plan and not proceed with a planning scheme amendment.

Implications

By not endorsing the Concept Plan, Council’s preferred concept for the site would remain unclear. This would not provide sufficient certainty and an adequate strategic basis by which to request Ministerial authorisation to prepare and exhibit an amendment to the Bass Coast Planning Scheme. This would in affect “kill” the project, not only for Cowes but also at Stony Point until such time as government funding could be secured for further technical investigations and plans could be endorsed at both locations.

Council and State Government positions on adopted policies and strategies would also remain unclear and could attract added criticism from community members who support the project and the sites selected, and object to rates revenue being spent with little or no benefit in return.

While a small minority in the community (representing less than 10 percent of the Phillip Island population and 2 percent of the total Bass Coast Shire population) have voiced their opposition to the proposed siting of the vehicular ferry infrastructure at the Cowes jetty triangle site, it is important to note that community members have been advocating for many years for a vehicular ferry service to link communities across Western Port Bay.

Option Three

The third option would be to defer a decision on endorsement of the concept plan and commencement of a planning scheme amendment in order to: further exhibit the revised concept plans, 3D artist impressions, and findings of the technical studies; and ask all Bass Coast residents, ratepayers and businesses, via a project bulletin, to list their site preferences based on information collected from pre-feasibility studies and



current investigations. Survey feedback would be assessed independently by the Gippsland Research Office, Monash University.

Implications

Through this additional step in the process the community would have access to all the technical studies, community feedback to the draft concepts, revised concepts and 3D artist impressions, which would enable them to make informed choices when determining their site preferences.

Full release of this factual information will dispel much of the misinformation that has been circulated in the media, and will also assist community members in preparing formal submissions as part of the planning scheme amendment process.

Strategic Assessment Guidelines for Planning Scheme Amendments

Minister’s Direction No. 11 requires a planning authority to evaluate and discuss how an amendment addresses a number of strategic considerations.

The Strategic Assessment Guidelines provide a consistent framework for preparing and evaluating a proposed planning scheme amendment and its outcomes.

1. Why is an amendment required?

It is proposed that the subject land will become a key area for the interchange of passengers and vehicles for the Cowes - Stony Point Vehicular Passenger Ferry. The amendment is required to facilitate the redevelopment of the subject land in accordance with the Cowes Transport Terminal Concept Plan.

The amendment introduces a planning framework to assist future decision making, having regard to future uses and development that may be required through the ongoing development and operation of the Cowes Transport Terminal and ferry service. It is necessary to ensure that planning provisions do not compromise the long term operations of the subject land as a key tourism facility in the region, but also recognise the existing attributes which are required to be protected and managed in future.

At present, the subject land at Cowes is contained within different zones – the Mixed Use Zone, and the Public Park and Recreation Zone. The Mixed Use Zone allows a wide variety of uses but is not tailored to suit the land use requirements of a Transport Terminal. In addition, the use of land for a Transport Terminal is prohibited in the Public Park and Recreation Zone.

To assist in facilitating the project, the amendment applies the Special Use Zone across the full extent of the subject land to apply a consistent zoning across the site, and includes a new Schedule to the Special Use Zone to identify an appropriate range of potential future uses, and an appropriate level of information required to support the development of the subject land. The introduction of the Special Use Zone is required to provide certainty in terms of a broad planning framework, while providing flexibility during detailed design.



The amendment is also required to include the northern extent of the subject land currently located outside of the Bass Coast Planning Scheme as within the planning scheme to provide a consistent approvals process for future use and development across the subject land.

Overall, the amendment will apply a consistent planning framework to both the Cowes and Stony Point sites to ensure a common and consistent approvals process at each ferry destination.

2. Does the amendment implement the objectives of planning and any environmental, social and economic effects?

The amendment seeks to ensure that the Cowes Transport Terminal is designed and operates in a manner that does not adversely affect the safety and amenity of the local community and minimises impacts on environmental, cultural, and heritage assets. Technical investigations have been undertaken to determine any immediate environmental, social or economic effects. The key findings of each report are outlined below:

Environmental Effects

A Terrestrial Ecology assessment has been undertaken. The report identifies the location of revegetation beds on the foreshore west of the existing jetty. While small and degraded, these areas are remnant, and would be subject to an offset requirement should they be impacted. No significant or threatened species were identified. The report recommends that a Flora and Fauna Management Plan be prepared for inclusion within the Construction Environmental Management.

A Marine Ecology assessment has been undertaken. The assessment included a survey of marine habitat in the vicinity of the Cowes Jetty. The assessment found that the proposed alignment of the Transport terminal would avoid protected seagrass areas. Species protected under the Flora and Fauna Guarantee Act are unlikely to be found in the vicinity of the subject land. The report also found that the Environment Protection and Biodiversity Conservation Act listed marine threatened or migratory species are unlikely to be at risk. The report acknowledges that further consideration of marine invertebrates and fish listed in the Flora and Fauna Guarantee Act is required at the detailed design phase of the project.

A Coastal Processes assessment has been undertaken. The report recommends that provided the location of the proposed transport terminal does not extend significantly beyond the existing jetty, a new transport terminal is unlikely to have significant influence on coastal processes.

Desktop and Standard Cultural Heritage assessment has been undertaken to determine potential for sites of Indigenous heritage significance. The report states that a number of areas within the subject land have been subject to previous significant ground disturbance. Two previously recorded Aboriginal Cultural Heritage places have been identified while several artefact scatters are present. The report recommends that a Cultural Heritage Management Plan complex assessment is required once detailed designs have been prepared.



A non-indigenous heritage assessment has been undertaken. Two previously recorded sites were identified – Jetty Shed and Cowes Foreshore. Several additional features were identified during the survey, although none constitute an archaeological site.

Social Effects

A preliminary assessment of possible social impacts of the Draft Concept Plans and amendment has been undertaken. The Transport terminal and new ferry service will provide additional business and employment opportunities. The proposed improvements to the jetty, foreshore and plaza areas including urban design and landscaping works, will provide a much more attractive, safe and useable environment for the local community, and increasing number of tourist visitors.

A Traffic and Parking Assessment has been prepared to asses the impact of potentials uses and development on the existing road network. The report identifies that there is available car parking within the vicinity of the subject land. The report recommends traffic management changes and confirms that the subject land and surrounding area can accommodate anticipated additional traffic volumes and car parking numbers. The report identifies that a more detailed Traffic Management Plan is required to be prepared as part of a design response.

Economic Effects

The rezoning of the land will facilitate a development that provides opportunity for economic benefits associated with additional tourism, and tourism based industries and employment. The construction of the transport terminal and associated infrastructure will result in additional direct and indirect employment benefits during the construction phase. The economic impact assessment concludes that there will be positive economic impacts associated with the outcomes of the amendment.

Overall, the amendment will facilitate the upgrading of the physical and functional aspects of the subject land which will lead to social and economic benefits. The amendment establishes that where more detailed technical studies are required to address constraints; this information will be provided at a later stage as part of a development plan, and prior to the commencement of buildings and works.

3. Does the amendment comply with all the relevant Minister’s Directions?

The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under section 7(5) of the Act.

The proximity of the subject land adjacent to the coastline and within the marine environment requires the consideration of Ministerial Direction 13 - Managing Coastal Hazards and the Coastal Impacts of Climate Change. The Ministerial direction applies to any planning scheme amendment that provides for the rezoning of non-urban land for urban use and applies to development of all land abutting the coastline or a coastal reserve.

While the proposed amendment seeks to rezone land from part Mixed Use Zone and Public Park and Recreation Zone to Special Use Zone. The subject land is located within the Urban Growth Boundary and is zoned for urban development. The



amendment does not bring additional land to within the Urban Growth Boundary. Ministerial Direction 13 does therefore not apply.

4. Does the amendment support or implement the State Planning Policy Framework?

The Special Use Zone allows tailored provisions to be applied to facilitate specific planning outcomes such as the Cowes Transport Terminal. The use on the subject land has a strong strategic justification within the State Planning Policy Framework and accords with the following relevant policy objectives:

Clause 12.05 - A great place to be

• With regard to “Urban design”, objectives seek to create urban environments that are of better quality, safer and more functional, provide more open space and an easily recognisable sense of place and cultural identity. Strategies require development to respond to its context in terms of urban character, cultural heritage, natural features, surrounding landscape and climate.

• With regard to “Maritime precincts”, strategies seek to develop a network of maritime precincts around Port Phillip and Western Port Bay that serve both local communities and visitors; and maintain and expand boating and recreational infrastructure around the bays in maritime precincts including Stony Point/Cowes.

• With regard to “Tourism”, objectives seek to maintain and develop Metropolitan Melbourne as a desirable tourist destination.

Clause 15.08 – Coastal Areas:

Identifies that significant environmental features and natural coastal resources should be protected and maintained. The Clause further identifies that land use and development planning should be coordinated with the requirements of the Coastal Management Act 1995, while decision-making by planning authorities and responsible authorities should apply the hierarchy of principles for coastal planning and management as set out in the Victorian Coastal Strategy 2008.

Clause 17.04 – Tourism:

Objectives seek to encourage tourism development to maximise the employment and long-term economic, social and cultural benefits of developing the State as a competitive domestic and international tourist destination. Strategies seek to should encourage the development of a range of well designed and sited tourist facilities.

Clause 19.03 – Particular Uses and Development:

Identifies that development must take into account the natural, cultural and strategic context of its location; and that landmarks, views and vistas should be protected and enhanced or, where appropriate, created by new additions to the built environment

The current zoning constrains the promotion of the subject land for the Cowes to Stony Point Vehicular Ferry. The proposed Schedule 6 to the Special Use Zone applies each of these objectives to a local context. The proposed amendment will allow a zone that is consistent with the above objectives and will facilitate tourism



within the subject land and its surrounds. The provisions of the zone have been developed having regard to technical investigations, including an assessment of the impact on the coastal environment. Where required, more detailed technical investigations will be undertaken through the preparation of a development plan for the subject land.

5. How does the amendment support or implement the Local Planning Policy Framework and, specifically, the Municipal Strategic Statement?

The amendment introduces a Special Use Zone Schedule 6 into the Bass Coast Planning Scheme to facilitate the development and operation of the Cowes to Stony Point Vehicular Ferry service and associated infrastructure. This approach accords with the following LPPF objectives:

Clause 21.04 – Vision

This clause seeks to promote year-round services and commercial opportunities; quality tourist development which is responsive to tourism market demand; and the protection of ecology and biodiversity.

Clause 21.06-4- Tourism

This clause seeks to encourage new tourist development in appropriate locations by supporting defined tourist areas, including the subject land. The Clause identifies the importance of tourism in the Shire, and the need to ensure a balance between tourist development and protection of the Shires’ natural resources. Strategies seek to encourage new tourist development to minimise its impact on the natural environment, and to provide the necessary infrastructure needed to host major sporting and cultural events.

Clause 21.09-1 - Transport

This clause seeks to provide adequate car parking facilities in proximity to tourist attractions, recreation destinations, the coastline, and commercial activity centres.

Clause 21.11 - Implementation

“Applying Special Use Zone” provides strategic direction for the application of the Special Use Zone within Bass Coast Shire. The Clause seeks to apply the Special Use Zone where there is the potential to accommodate large-scale private recreational/tourist developments in accordance with Council’s adopted strategies.

The proposed amendment responds to the Local Planning Policy Framework by introducing a planning framework for the subject land which balances the facilitation of new tourism opportunities in a designated tourist location with the protection of natural and man made features. The amendment also responds to the Local Planning Policy Framework by identifying the necessary traffic and car parking provisions to support the future development of the site as a Transport Terminal.

6. Does the amendment make proper use of the Victoria Planning Provisions?

This amendment makes proper use of the Victorian Planning Provisions and relevant Practice Note “Applying the Special Use Zone”. This amendment proposes to insert



a new Schedule 6 - Cowes Transport Terminal to the Special Use Zone (Clause 37.01). The Schedule is consistent with the Victorian Planning Provisions Practice Note on the appropriate use of the Special Use Zone as:

- The complexity of planning requirements is reduced by keeping the number of zones

and overlays used to a minimum; - An appropriate combination of the other available zones, overlays and local policies

cannot give effect to the desired objectives or requirements; and - The Special Use Zone facilitates a large redevelopment project that needs to have

certainty in terms of a broad planning framework and flexibility during detailed design.

7. How does the amendment address the views of relevant agencies?

The Amendment has been prepared in consultation with Council and State Government representatives.

8. What impact will the new planning provisions have on the administrative costs of the responsible authority?

The Amendment will not create further resource and administrative demands on the responsible authority.

Officer’s Comments/Conclusion

The Draft Concept Plan has been prepared collaboratively by State and Local Government. The Concept Plan is an appropriate design response taking into account existing conditions and future needs. The plan has undergone community consultation and is supported by technical analysis. At present, the zoning of the subject land at Cowes constrains the promotion of the Stony Point – Cowes Vehicular Ferry service. An amended statutory framework is required to allow for this use and introduce a concept plan for the site into the Bass Coast Planning Scheme. The proposed amendment will introduce a planning framework having regard to necessary technical investigations, including an assessment of the impact on the coastal environment. More detailed technical investigations will be undertaken, where required, through the preparation of a development plan for the subject land. This is an appropriate way forward to balance significant tourism opportunities with appropriate conservation and management practices. The Planning Scheme Amendment process will provide the opportunity for interested and affected parties to make submissions and be heard by an Independent Panel. It is recommended that Council endorse the Concept Plan without further changes and authorise officers to request the Minister for Planning to prepare and exhibit an amendment to the Bass Coast Planning Scheme to establish an appropriate statutory framework to guide the preparation of more detailed plans for the subject land.



Recommendation

That Council:

1. Having undertaken preliminary consultation with the community and stakeholders, resolve to exhibit a draft Concept Plan for the development of infrastructure to enable a vehicular ferry service between Cowes and Stony Point combined with an amendment to the Planning Scheme to incorporate the Concept Plan and zoning and policy changes;

2. Endorse the ‘Draft Stony Point – Cowes Vehicular Ferry Project – Cowes Terminal - Concept Plan 1 of 2 Lower Level dated 30 June 2010’ and ‘Draft Stony Point – Cowes Vehicular Ferry Project – Cowes Terminal - Concept Plan 2 of 2 Upper Level dated 30 June 2010’;

3. Seek the authorisation from the Victorian Minister for Planning to prepare and exhibit an amendment generally in accordance with draft Planning Scheme Amendment No. C115 to the Bass Coast Planning Scheme to: • Rezone land generally at the entrance to and surrounding Cowes

jetty from part Mixed Use Zone and part Public Park and Recreation Zone to a Special Use Zone ;

• Include a new Schedule 6 to the Special Use Zone; • Delete the Vegetation Protection Overlay from the subject land; • Amend Clause 61.02 of the Bass Coast Planning Scheme to include

the full extent of the subject land within the Bass Coast Planning Scheme;

4. In the event that there are submissions received in response to the exhibition of the amendment, Council consents to the submissions being forwarded directly to Planning Panels Victoria for consideration;

5. Request Planning Panels Victoria to pre set Panel Hearing dates for the amendment;

6. Prepare and submit a referral under the provisions of the Environment Effects Act 1978 to the Minister for Planning;

7. Prepare and submit a referral under the provisions of the Environment Protection and Biodiversity Conservation Act (EPBC) Act 1999 to the Federal Minister for Environment Protection, Heritage and the Arts; and

8. Request “in principle consent” under the Coastal Management Act 1995 for the ‘Draft Stony Point – Cowes Vehicular Ferry Project – Cowes Terminal Concept Plan dated 30 June 2010’ from the Victorian Department of Sustainability and Environment.



Attachments

AT-1 Cowes Study Area Maps AT-2 Preferred Base Concepts prepared by Arup AT-3 Preliminary Draft Concept Plans Placed on Exhibition AT-4 Consultation and Research AT-5 Feedback on Draft Concept Design AT-6 Preliminary Ecological Assessment (Terrestrial) AT-7 Marine Ecosystem Preliminary Considerations AT-8 Draft Cultural Heritage Management Plan Standard Assessment AT-9 Historical Archaeology Assesment AT-10

Traffic and Parking Management Plan

AT-11

Coastal Process and Coastal Engineering

AT-12

Economic Impact Assessment

AT-13

Social Impact Assessment (document pending)

AT-14

Summary of Design Based Issues

AT-15

Revised Draft Concept Plans

AT-16

Watercolour perspectives

AT-17

Planning Scheme Amendment Explanatory Note; Schedule 6 (Special Use Zone 6); Amended Clause 61.02

AT-18

Planning Scheme Amendment & Development Plan Processs Flowcharts

154 department: community and economic … meeting - 28 july 2010 bass coast shire council bass...

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