32
Page 1 of 2 Jean-Philippe PECTOR Landscape Architect 2/42 Noel St. Apollo Bay Vic 3233 03 5237 7496 04 3455 1239 [email protected] www.biloba.com.au Ferguson, Wednesday 6 September 2018 PVV – Expert Evidence Re: PP169/2017-1 - 275 Barham River Road, Apollo Bay, VIC 3233 1. Name and address Jean-Philippe Pector 370 Phillips Track, Ferguson 3237 2. Qualifications and experience Graduate degree in Landscape Architecture and Garden Design Haute Ecole Lucia de Brouckère (Brussels, Belgium) 1994 I have been a practicing professional landscape architect since 1994. In 21 years of experience, I have acquired expertise in studying and carrying out projects of different scales and nature and in many different environments, especially in Belgium and France but exclusively in Australia since 2008. 3. Area of expertise I specialise in the study and design of sustainable landscape and garden projects as well as site analysis (landscape study, visual impact assessment, bushfire preparation and management plans,…) 4. Statement of expertise I have been personally and actively involved in the study and assessment of various properties in the Colac-Otway Shire since 2008.

BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

  • Upload
    others

  • View
    1

  • Download
    0

Embed Size (px)

Citation preview

Page 1: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

Page 1 of 2

Jean-Philippe PECTOR

Landscape Architect 2/42 Noel St. Apollo Bay Vic 3233

03 5237 7496 04 3455 1239 [email protected]

www.biloba.com.au

Ferguson, Wednesday 6 September 2018

PVV – Expert Evidence

Re: PP169/2017-1 - 275 Barham River Road, Apollo Bay, VIC 3233

1. Name and address Jean-Philippe Pector 370 Phillips Track, Ferguson 3237

2. Qualifications and experience Graduate degree in Landscape Architecture and Garden Design Haute Ecole Lucia de Brouckère (Brussels, Belgium) 1994 I have been a practicing professional landscape architect since 1994. In 21 years of experience, I have acquired expertise in studying and carrying out projects of different scales and nature and in many different environments, especially in Belgium and France but exclusively in Australia since 2008.

3. Area of expertise I specialise in the study and design of sustainable landscape and garden projects as well as site analysis (landscape study, visual impact assessment, bushfire preparation and management plans,…)

4. Statement of expertise I have been personally and actively involved in the study and assessment of various properties in the Colac-Otway Shire since 2008.

Page 2: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

Page 2 of 2

5. Instructions that define the scope of report As described in the introduction to the report.

6. Facts and matters As described in the report.

7. Referenced documents As described in the report.

8. Identity of tester I carried out the observations and assessments myself.

9. Summary of opinion As described in the report.

10. Provisional opinions As described in the report.

11. Outside of expertise As described in the report.

Declaration I have made all the inquiries that I believe are desirable and appropriate and that no matters of significance which I regard as relevant have to my knowledge been withheld from the Panel. Jean-Philippe PECTOR Landscape architect 6 September 2018

Page 3: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

Jean-Philippe PECTOR Landscape Architect

370 PHILLIPS TRK. FERGUSON Vic 3237 03 5235 9292 04 3455 1239

[email protected] www.biloba.com.au

Ref. PP169/2017-1 275 Barham River Road, Apollo Bay Application for Planning Permit – Construction of a tourism resort.

Visual Impact and Landscape Character

of the

Apollo Bay tourism resort

275 Barham River Road, Apollo Bay

VIC 3233

September 2018

Page 4: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

2

Contents

1. Introduction ........................................................................................................................... p.3 2. Description of the site …….................................................................................................... p.4 A. Context ....................................................................................................................... p.4 B. Physical environment ................................................................................................... p.5 C. Map 1 - Topography ..................................................................................................... p.6 3. Visual Impact Assessment of the proposal development ............................................... p.7 A. Review of the applicant’s assessment ......................................................................... p.7 A1. Desktop study not based on real field observation leading to inaccurate assessment p.8 A1.1. Review of the Visual Impact assessment from

the Architectural Design Report Architects – revision B 25/06/18 ............................ p.8 A1.2. Review of the photomontages from

the Amended Town Planning Permit Application - 15/05/2018 ............................... p.10 A2. The Assessment is focussed on the Hotel buildings, not the whole development ...... p.16 A3. Preconceived assumption of a non-existing impact ................................................. p.16 B. Visual Impact Assessment by BILOBA .......................................................................... p.17 B1. Methodology .............................................................................................................. p.17 B2. Visual perception of the resort from the Great Ocean Road and neighbouring roads. p.17 B3. Aerial Map showing the visual perception of the proposed development

from neighbouring Roads ........................................................................................... p.18 B4. View from VP10 - Great Ocean Road and Great Ocean Walk ................................... p.19 B5. Elements increasing the visual impact ........................................................................ p.21 4. Impact on the Significant Landscape – Landscape Character .................................. p.22 A. Is the proposed development appropriate within the Significant Landscape

Overlay 42.03 and Schedule 3 to the Significant Landscape Overlay?.................... p.22 A1. Extracts from the Planning Scheme .......................................................................... p.22 A2. Extracts from Architectural Design Report Architects – revision B 25/06/18 ............... p.23 5. Impact on the vegetation ................................................................................................ p.24 A. Discordance between the Landscape Masterplan and site assessments ................... p.24 A1. Bushfire Management Statement (25/05/18) / BMP (08/05/18) …...................……... p.24 A2. Biodiversity Assessment (05/18)................................................................................... p.24 A3. Corangamite Catchment Management Authority assessment (7/08/18) .................. p.24 B. Vegetation management ............................................................................................ p.24 5. Conclusion ............................................................................................................................ p.25 6. Referenced documents ....................................................................................................... p.26 Appendix A. - Instructions Appendix B. - CV Jean-Philippe Pector

Page 5: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

3

1. Introduction Biloba Sustainable Landscape Architecture has conducted a review of the reports and plans submitted for the Planning Permit Application regarding the proposed new development at 275 Barham River Road, Apollo Bay (‘Apollo Bay Resort’) to assess its impact on the local landscape. The focus being the Visual Impact Assessment of the proposed development and its impact on the Significant Landscape / Landscape Character. This analysis is based on the Architectural Design Report and plans by Spowers and Agius-Scorpio Architects -revision B- 25/06/2018 and the Landscape Architecture report and plans by ASPECT Studios -revision A- 9/05/2018. BILOBA Sustainable Landscape Architecture has conducted many Visual Impact Assessments of various proposed developments in the Colac-Otway Shire and Surf Coast Shire since 2009, principally in this specific coastal environment of recognised National Significance in the context of the National Heritage Listed Great Ocean Road. For those assessments, I follow a strict methodology to provide an accurate tool for decision makers and rely essentially on a precise analysis of the architectural plans and a complete on-site study. Although most of those assessments were conducted for small scale developments, being essentially single residential dwellings, some of those were in very similar situations, located on hills at similar distances from the Great Ocean Road. As it is generally required to screen or minimise the visual impact of any intrusive development in this significant environment, BILOBA usually follows the assessment with the design of a landscaping solution to attempt to minimise or suppress the identified impact (screening vegetation for example). A thorough assessment of this proposed development is impeded by the lack of essential information on several documents (plans and drawings) included in the application. There is a lack information about the following points: The Site Contour Plan (TP_002-1) has no indication of the contour levels. The Detail Land Survey (TP_002-2) doesn’t cover the whole area of property affected by the

development. Very limited information on aspects of the landscape plans which may influence directly the visual

impact. - No contours and levels - No indication of the species for the Avenue trees - No information about the landscaping of overflow parking (capacity 3 times bigger than the main car park) - No detailed information for the landscaping of the defendable space. - No indication of the 35 to 85m offsets as indicated in the BMP. - No details for the main access road (dimensions, surfacing). - Plans LSK-002 & LSK-003 provide no more details than LSK-000 (same plan, less information). - Sections LA-005 are not referenced on a plan and have no levels.

Limited amount of dimensions indicated on hotel buildings plans. Very limited amount of sections (4 for a 217m wide building structure).

Page 6: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

4

2. Description of the site A. Context

The site is located on 2 Lots nested on the hills of the Barham River Valley. The Barham River Valley is part of a landscape setting of national significance recognised for the way different landscape elements intersect in a dramatic manner (specifically here for the interaction between the topographic edge of the Otway Ranges sweeping down to the narrow coastal strip, edge of the forest, and the incised, vegetated creek valleys).

The site is on a north-east facing slope which descends towards the Barham River. It is bounded by the Barham River Road and Old Horden Vale Road to the north and farmland to the east, south and west.

Formed by several undulating hills, gullies and creeks, the land rises from approximately 14m along the Barham River Road to between 102m to 105m along the western boundary. The highest point of the site is approximately 125m (south west of the site).

Photo 1: View of the property from 2 Seymour Crescent in Apollo Bay.

Page 7: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

5

B. Physical environment The property is mostly pastoral land on slopes including gullies, open drainage lines and dams. One central gully has been revegetated with the support of Landcare, another is partially revegetated as well.

Photo 2: Aerial view of the property.

Page 8: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

6

Map

1 -

Topo

grap

hy

Page 9: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

7

3. Visual Impact Assessment of the proposal development A. Review of the applicant’s assessment. The review of the Architectural Design Report raises significant doubts about the accuracy,

reliability and objectivity of the Visual Impact Assessment presented in this application. It is based on a desktop study and doesn’t seem to have comprised any actual field assessment with a defined methodology.

Please note a major limiting factor that reduce the accuracy of a visual impact assessment for the development:

- only a partial detail survey of the property has been made (TP_002-2).

- the plan TP_002-1 showing the contours for the entire property is based on a regional digital mapping that doesn’t provide a high enough level of accuracy for actual ground levels. The contours on that plan have no indication of the levels!

Our review has raised the following issues:

1. The assessment is mostly focussed on the hotel buildings, the annotations about the villas

seem to have been added without verification of their true potential impact. 2. The “Detailed photographic assessment” and “assessment of the expected visual impact of

the development” undertaken are inaccurate. The limited vantage points and the framing of the views are misleading as they are not representative of the real perception of the proposed development site. The quality of the photomontages (resolution of the images) doesn’t allow a precise reading of it.

3. A lot of statements in the assessment are not based on a study but rather appear to stem from a preconceived assumption of a non-existing impact.

4. The assessment assumes that most of the existing vegetation will be preserved. This is not consistent with the BMP that indicates that a very large amount of the existing vegetation within 35 to 85m of the proposed buildings will have to be removed (Defendable Space). Contrary to the recommendation indicated on the BMP, those defendable space distances are not scaled from individual buildings on the architectural plans. The amount of vegetation to be removed has been quantified as 2.795 Ha in the updated Biodiversity Assessment Report from Ecology &Heritage Partners, May 2018.

An accurate assessment of the visual impact of the 60 Resort Villas (15 Creek Plateau and 45 Pasture) cannot be achieved due to the absence of a detail survey for this specific area. Therefore, the indication of the villas floor and roof levels are not reliable enough to assess accurately how they will compare with the height of the existing vegetation in the gully below them. The visual simulations of the proposed development (3D computer generated models) from the Architectural Design Report cannot be used for the visual impact assessment as they do not show views reflecting the actual visual perception of the development : - elevated bird eye views, - inadequate angle of view, - views showing only a limited section of the buildings, etc.

Page 10: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

8

A1. Desktop study not based on real field observation leading to inaccurate assessment. A1.1. Review of the Visual Impact assessment from the Architectural Design Report Architects –

revision B 25/06/18

From 7.1 VISUAL RESPONSE “There is little visual impact further north as the next closest residence in 1.1km away and is partially screened by the existing trees on the site. The residence at 30 Old Horden Vale Road is over 25 metres below the north boundary of the site and the view line is currently contained by vegetation.”

FALSE: 4 Residences to the North are visually impacted, the existing vegetation doesn’t screen the view of the Ridge Villas: 30 Horden Vale Road - distance to Ridge Villas = 97m - direct intervisibility with Ridge Villas 2,6,9,11 355 Barham River Road - distance to Ridge Villas = 337m - direct intervisibility with Ridge Villas 357 Barham River Road - distance to Ridge Villas = 312m - direct intervisibility with Ridge Villas 400 Barham River Road - distance to Ridge Villas = 792m - direct intervisibility with Ridge Villas (See also Photo 10 page 15)

Photo 3: Aerial view showing impacted neighbouring properties to the North.

“There is little visual impact from the Great Ocean Road and what may exist is confined to a narrow strip along the east side of the Apollo Bay Airport runway. It is worth noting that at this location, the closest building on the site over 3km away.”

FALSE: Several sections of the Great Ocean Road are visually impacted on a total distance of 926m. (see: Aerial map showing the visual perception of the proposed development from neighbouring Roads - Page 18) The closest building on the site from VP4 (referred location on the GOR near the runway) is 2.4 km away (Resort Villas).

Page 11: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

9

From 7.2 VISUAL IMPACT “Direct views of the entire site are limited to the elevated farmhouse 1km to the north of the site.”

FALSE: Direct views of the site exist from Seymour Cr, Noel St, Great Ocean Road, Great Ocean Walk.

From 7.4 VISIBILITY FROM THE PRIVATE DOMAIN “The site of the development building works is visible from the residential property immediately to the north.”

Not only: Part of the development will be visible from the residential properties to the North: 30 Horden Vale Road , 355 Barham River Road, 357 Barham River Road, 400 Barham River Road . (see page 15)

“Other views towards the site from private residences are blocked by a combination of existing built form, existing mature trees and topography.”

FALSE: Direct views of the site exist from residences along Seymour Crescent in Apollo BAY.

“It is not visible from the residence immediately to the north west of the site at 30 Old Horden Vale Road”

FALSE: The entire site is not visible, but Ridge Villas 2,6,9 & 11 will be in direct line of sight.

From 7.5 VISIBILITY FROM THE PUBLIC DOMAIN “Barham River Road is the closest and only public space that allows a close view of the development.”

FALSE: a close view of the Ridge villas will occur from a section of Old Horden Vale Rd. (see page 18)

From 7.9.2 VISUAL IMPACT “The development cannot be seen from this location”

FALSE: The framing of the photo is not correct. (see page 10)

From 7.13 VIEW 6 “Existing Property at 30 Old Horden Vale Road. The height difference of 32 metres and setback of the Ridge Villas from the title boundary of 98 metres from the adjoining property and 72 metres from the title boundary means that the Ridge Villas are not visible from this location.”

FALSE: The Ridge Villas 2,6,9,& 11 will be visible from 30 Old Horden Vale Road. (see page 15)

Page 12: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

10

A1.2. Review of the photomontages from the Amended Town Planning Permit Application - 15/05/2018

TP_033 – View Towards Site from Barham River Road = VP2 on Aerial map page 18 The framing of the photo excludes the whole development site. The view is directed too far towards the south (too much to the left)

Photo 4: View from VP2 showing proposed development site. Visibility of the sites of the Hotel site and Ridge Villas

Page 13: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

11

TP_034 –View Towards Site from B100 Bridge = VP3 on Aerial map page 18 No indication of the Creek Plateau and Pasture Resort Villas site. The view is directed too far towards the North (too much to the right) The localisation of the buildings is inaccurate. Existing vegetation to be removed still appears on the photomontage.

Photo 5: View from VP3 showing proposed development site. Visibility of the site of the Pasture and Creek Villas, Water Villas, part of the Hotel and Ridge Villas

Page 14: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

12

TP_035 – View Towards Site from Marengo = VP4 on Aerial map page 18 This vantage point shows only a very limited amount of the development site. The localisation of the buildings is inaccurate. Existing vegetation to be removed still appears on the photomontage.

Photo 6: View from VP4 showing proposed development site. Visibility of the site of the Water Villas, Hotel and Ridge Villas

Page 15: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

13

TP_042 – View from Seymour Crescent = VP5 on Aerial map page 18 The localisation of the buildings is inaccurate. Existing vegetation to be removed still appears on the photomontage. The screening of the 60 Resort Villas (15 Creek Plateau and 45 Pasture) by the existing trees remains to be demonstrated as there are no detailed levels for that area.

Photo 7: View from Seymour Crescent (VP5) showing the proposed development site. Visibility of the site of the Water Villas, Hotel and Ridge Villas

Page 16: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

14

TP_048 – Overlooking Assessment

This assessment is not accurate. It falsely indicates that the view of the Ridge Villas is obstructed by vegetation but the drawing of the vegetation is unrealistic. There is no indication of Old Horden Vale Road on the cross section.

Photo 8: Aerial view showing proposed Ridge Villas 2,6,9 & 11 on ridgeline (fence line).

Page 17: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

15

The ridge line (and existing fence line) is visible from the neighbouring property at 30 Horden Vale Road. Any building close to the ridgeline will also be visible (Ridge Villas 2,6,,9 & 11). The ridge line is also visible from a section of Horden Vale Rd.

Photo 9: View from 30 Horden Vale Rd. showing the visibility of ridgeline and fence line on it.

Photo 10: View from the site of proposed Ridge Villa 6 showing the visibility of 30 Horden Vale Rd, 355, 357 and 400 Barham River Road.

Page 18: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

16

A2. The Assessment is focussed on the Hotel buildings, not the whole development (including the villas). Review of the Visual Impact assessment from the Architectural Design Report Architects – revision

B 25/06/18

From 7.1 VISUAL RESPONSE “It is worth noting that at this location, the closest building on the site over 3km away.” —> Over 3 km away from Hotel buildings but 2.4 km from Resort Pasture Villas.

From 7.7 VISUAL ASSESSMENT “Figure 2: View Lines and Distances” —> Lines and distances from the hotel location only. From 7.10.2 VISUAL IMPACT “The hotel building is only visible for a short distance” —> The hotel building, not the resort buildings.

From 7.11.2 VISUAL IMPACT “The hotel building form is in keeping with the existing landscape use, the viewer is also hardly

receptive to the visual impact of the development. The hotel building is only visible for a short distance along the road (aperture of view is less than 200m), and it’s distance from the road, bulk and height all reduce the visual impact of the development to minimal.”

From 7.14 SUMMARY

“The building form is horizontal in keeping with the nature of the existing built form within and near the site.”

“Selection of nonreflective cladding materials further reduces the potential visual impact of the building on the visual amenity of viewers.”

A3. Preconceived assumption of a non-existing impact. Review of the Architectural Design Report Architects – revision B 25/06/18

From 5.1 Context and local identity “The scale of the buildings makes minimal impact on the site and is visible from only a limited

section of the Barham River Road. The siting of the resort, approximately 3km from the town and the undulations of the site means that it has virtually no visual impact on Apollo Bay.”

From 7.1 VISUAL RESPONSE 1st Sentence: “The development, has no detrimental influence on either Apollo Bay or Marengo

townships.” From 7.10.2 VISUAL IMPACT “Being a public road combined with walking track and the edge of the residential area of Apollo

Bay, the viewer is moderately receptive to the visual impact of the development.” From 7.12.2 VISUAL IMPACT “The hotel is visible from this location. The impact is minimal and arguably, consistent with the

visibility of farms and outbuildings in the centre ground.” “The Ridge Villas are in this view but no more dominant than any existing farm buildings.” “The Water Villas are largely visible. We believe two and possibly three villas may be visible.” “The Creek Plateau Villas and Pasture Villas are not visible as the sit behind and below the existing watercourse tree line.” —> Those are assumptions.

Page 19: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

17

B. Visual Impact Assessment by BILOBA B1. Methodology The analysis of the visual perception of the site is based on the following characteristics: - Angles of views - Existing vegetation - Distances - Existing constructions - Altitudes/difference of levels - Proposed development plans and materials BILOBA has conducted a Visual Impact Assessment based on the documentation provided with

the application in conjunction with observations made exclusively following fields investigations, on site and within the area of potential impact. A more accurate assessment would have required the setup on site of high poles at specific locations in regard to the proposed buildings envelope, with the assistance of a surveyor for accurate positioning of the high poles. This would provide a way to identify accurately positions, heights and widths and exact visibility of the proposed development buildings. In the absence of high poles on site, the assessment has been focussing on the visibility of the building sites.

B2. Visual perception of the resort from the Great Ocean Road and neighbouring roads. Being located on the south-western slope of the hill, the site is imperceptible from the other side of

the hill (from the South and South-West). The proposed development is visible from the East / North-East and North.

Several sections of road have been identified where the view of the hotel site and villas is unobstructed:

- From the East, along the Great Ocean Road on 4 sections with a total length of 926m, at a distance of 2.4 km to 3km from the proposed development.

- From the East to North-East, along Barham River Road on 5 sections with a total length of 1645m, at a distance of 490 m to 2.5 km from the proposed development.

- From the North-East, along Seymour Crescent and a small section of Noel Street on 2 sections with a total length of 529m, at a distance of 2.5 km to 2.6 km from the proposed development.

- From the North, along Barham River Road, Old Horden Vale Road on 2 sections with a total length of 100m, at a distance of 100 m to 450 m from the proposed development.

The total length of road where the dwelling will be visible is 3.2 km. (see aerial map page 18)

If from those sections of roads mostly part of the development will be visible, a section of the Great Ocean Road and the Great Ocean Walk has been identified where the whole development will be visible. This section is 100 m long and is located at the entrance of Apollo Bay just before the bridge on the Barham River, to the South (Marengo side). This section leads to two main accesses to the beach and the main car park on the Great Ocean Road.

Being the section of the road where the development will be most visible it would have been judicious to select a vantage point from that section for the photomontages. (see VP10 on Aerial map page 18 and Photo 11 page 19).

Page 20: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

18

B3.

Aer

ial M

ap

show

ing

the

visu

al p

erce

ptio

n of

the

prop

osed

dev

elop

men

t fro

m n

eigh

bour

ing

Roa

ds

Page 21: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

19

B4. View from VP10 - Great Ocean Road and Great Ocean Walk. This vantage point is very significant as it presents the most visibility towards the whole

development site. It is also significant being located along the National Heritage Listed Great Ocean Road and the

Great Ocean Walk, close to 2 accesses to the beach. Photo 11: View from VP10 on the Great Ocean Road.

Photo 12: context of VP10 on the Great Ocean Road.

Page 22: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

20

Photo 13: context of VP10 on the Great Ocean Road.

Page 23: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

21

B5. Elements increasing the visual impact. The visual impact of the proposed development is increased by the following factors: - The scale of the whole development and its infrastructure.

- The Hotel’s 3 buildings, although being separated, stack up visually from any lower vantage points outside the property. This result visually of a single very large building which dimensions are: Total Width Hotel + Guesthouses: 217 m

Total Height including Guesthouses1 & 2: 31.2m (34.8m with tower) - The clustering and massing of the villas create ribbons like development which reduces the

blending of the constructions within their environment.

- There is mostly no screening of the proposed buildings with vegetation as one key element of the proposed development is to enjoy the views.

- The BMP require the removal of a large number of existing vegetation that could otherwise potentially offer some level of screening for part of the development.

- Most of the buildings (Hotel, Guesthouses, Water Villas) have a predominance of large windows facing towards the ocean. This will create highly reflective surfaces, especially with the morning sunlight when looking from the Great Ocean Road, Great Ocean Walk and Seymour Cr.

- The external finish of the Resort Creek Plateau and Pasture villas is galvanised corrugated sheet cladding which is highly visible due to its strong contrast with the surroundings and its reflectivity.

- After sunset: the outdoor lighting and the lighting in the separate rooms/villas will contrast with the dark natural environment.

Page 24: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

22

4. Impact on the Significant Landscape - Landscape Character A. Is the proposed development appropriate within the Significant Landscape Overlay 42.03 and Schedule 3 to the Significant Landscape Overlay? A1. Extracts from the Planning Scheme The landscape setting of the Barham River Valley is of national significance.

The “preferred character” of this precinct is the retention of the dramatic intersection of landscape ‘edges’ within the precinct, which could be further emphasised by increasing indigenous planting for subtle emphasis. Ribbon development and inappropriate development on hill faces should be limited, and township edges have the potential to be further defined.

Amongst others, the following points must be considered:

The conservation and enhancement of the landscape values of the area. The need to remove, destroy or lop vegetation to create a defendable space to

reduce the risk of bushfire to life and property. The impact of the proposed buildings and works on the landscape due to height, bulk,

colour, general appearance or the need to remove vegetation. The extent to which the buildings and works are designed to enhance or promote the

landscape character objectives of the area. The impact of buildings and works on significant views.

The landscape character objective to be achieved

To achieve the “Preferred Character” as specified above. To increase the use of indigenous vegetation to highlight natural features within the

precinct. To consider the contrasts between landscape elements within the precinct. To ensure that development that occurs on hill faces or in other prominent locations is

not highly visible and sensitively designed. To minimise the visual impact of signage and other infrastructure, particularly in coastal

areas, hill faces and ridges. To protect the clear sweeping views to and from the ocean available from the

precinct. To consider the dominance of an indigenous natural landscape in coastal areas,

between townships, particularly from the Great Ocean Road and avoid ribbon development.

Considering those key elements, BILOBA has reviewed the application’s reports and has several concerns expressed in the next section.

Page 25: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

23

A2. Extracts from Architectural Design Report Architects – revision B 25/06/18 From 5.1 CONTEXT AND LOCAL IDENTITY

“The scale of the buildings has been chosen to allow them to follow the contours of the landscape and to step down the slope in a manner akin to a European hill village.” Is a European village style development appropriate in relation with the context and the local identity? Would the cluttering and massing of the villas help to promote the landscape character of the area?

From 5.2 FUTURE DIRECTION FOR THE SITE - LANDSCAPE AND BUILDINGS “Our design concepts recognise the historical significance of the district – using timber extensively and referencing the streamline design of the great ocean passenger liners of the 1950’s and 60’s in the form of the hotel, whilst expressing the wild landscape of the coast itself.”

A building ressembling a “great ocean passenger liner of the 50’s & 60’s” seems unlikely to

enhance or promote the landscape character of a rural landscape of national significance? From 5.8 PUBLIC AND PRIVATE REALM DESIGN

5.8.1 CIVIC RELATIONSHIP “This project has been designed to enhance the Apollo Bay environment, not to damage it. It has been designed from a great opportunity – the site location and the reinvigorated landscape we found. It also has been designed in the tradition of many of the great European spa hotels.” From 5.8.2 MASSING “The hotel building has been consciously flattened and made horizontal, sinuous and following contours in the tradition of Italian and Greek hill villages.” From 5.10 BUILT FORM Protect and enhance the visual character and environmental quality of the Great Ocean Road coastal area. “as producing a signature international resort hotel design based on a distinct Australian and regional inspiration.” The assertion in 5.10 appears to be contradicted in both 5.8.1 and 5.8.2

From 5.10 BUILT FORM

Minimise the visual impact of buildings and structures. “The design of this resort hotel reduces the visual dominance and creates a building massing based on horizontality. The materials used in the development are primarily natural materials including extensive use of timber, a large proportion of which is untreated, to encourage a natural weathering process. One taller element has been included – the structure above the observatory, which is a strong vertical element housing communications equipment and a telescope – referencing a lighthouse or a passenger liner funnel.” A structure like “A lighthouse or passenger liner funnel” appears to be unlikely to minimise the visual impact of the building.

Page 26: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

24

5. Impact on the vegetation A. Discordance between the Landscape Masterplan and site assessments. A1. Bushfire Management Statement (25/05/18) / Bushfire Management Plan (08/05/18) The Bushfire Management Plan indicates the management of a defendable space that requires

specific vegetation restrictions within offset distances of 3m, 10m and 35m to 85m. The plan entitled: Apollo Bay Resort Stage 1 Landscape Masterplan – M17010 – LSK-000

(Revision P3 / Amendment 11/05/2018) doesn’t reflect those restrictions as there is no indication of the 35m to 85m offsets from the proposed buildings.

A2. Biodiversity Assessment (05/18) The map page 25 of the Biodiversity Assessment Report (Figure 2 - Ecological Features) assumes

100% vegetation loss within the defendable space. As described in the report, to comply with the Bushfire Management Statement and Plan, a total of 2.795 Hectares of existing vegetation (mostly revegetation) must be removed. The plan entitled: Apollo Bay Resort Stage 1 Landscape Masterplan – M17010 – LSK-000 (Revision P3 / Amendment 11/05/2018) doesn’t indicate any removal of vegetation.

A3. Corangamite Catchment Management Authority assessment (7/08/18) The CCMA Assessment indicates page 9, in the section 4. Waterway Buffers, that Clause 14.02-1 of

the Victorian Planning Provisions requires natural drainage corridors with vegetated buffer zones to be retained along each side of a waterway at least 30m wide. Figure 5 on page 10 shows the waterway buffers. The plan entitled: Apollo Bay Resort Stage 1 Landscape Masterplan – M17010 – LSK-000 (Revision P3 / Amendment 11/05/2018) doesn’t indicate those buffers.

B. Vegetation management. The vegetation management required by the BMP and the loss of vegetation as quantified in the

Biodiversity Assessment Report is in contradiction with some of the key design response objectives of the resort described in the Planning Report (updated and revised 26/05/18) page 6, in section 2– Vision. This also contradicts the Design Statement described in the Revised Town Planning Report (05/18) that explains the intentions to preserve the existing character of the site, with minimal physical disturbance, to enhance the existing landscape experience and to create natural habitat through revegetation.

Any removal of the existing native revegetation, especially in the gullies, will have several major

impacts: Landscape Character: loss of major landscape value of the land Negative impact on the biodiversity of the area Visual impact: major reduction of the potential screening of the villas Drainage/Stormwater management/Erosion: Increase risk of erosion/landslip

A clarification of the exact implication of the proposed development on the site’s vegetation must be reflected on the Landscape Masterplan in order to assess its true impact.

Page 27: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

25

5. Conclusion A development of the size of the proposed resort and its infrastructure, which can be

compared to a small village, will always create disruption within its environment. In this specific case, due to the very sensitive environment and significant landscape of the Barham River Valley, extra precautions must be taken.

Several factors have been raised showing a significant visual impact of the resort on the

National Heritage Listed Great Ocean Road, neighbouring roads and Great Ocean Walk. If not addressed, the proposed development would be at odds with the Shire’s diligent work to

protect and preserve the character of the place. This could create a precedent and make it more difficult to oppose any disruptive development in the future, not only locally but all along the unique coastal landscape.

The impact on the native vegetation of the site is not clear at this stage but it seems that the

reality of the planning policies in place will induce a far greater loss than indicated on the proposed development’s plans where it seems minimised. In this case the visual impact will be increased, the significant landscape character will be lost and the environmental impact on the valley will be detrimental.

Page 28: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

26

6. Referenced documents

A. Planning Report C. Architectural Plans (Spowers & Angus Scorpio Architects, Revision A, 15 May 2018, Part 1) C. Architectural Plans (Spowers & Angus Scorpio Architects, Revision A, 15 May 2018, Part 2) D. Architectural Design Report (Spowers & Agius Scorpio Architects, revision B, 25 June 2018) F. Landscape Architecture Plans (0) Overall (ASPECT Studios, Revision P3, 9 May 2018) F. Landscape Architecture Plans (1) hotel enlargement(ASPECT Studios, Revision P3, 11 May

2018) F. Landscape Architecture Plans (2) Vegetation(ASPECT Studios, Revision P3, 11 May 2018) F. Landscape Architecture Plans (3) Paths (ASPECT Studios, Revision P3, 11 May 2018) F. Landscape Architecture Plans (5) Sections (ASPECT Studios, Revision P3, 11 May 2018) G. Landscape Architecture Report (ASPECT Studios, Revision A, 9 May 2018) I. Biodiversity Assessment Report (Ecology & Partners Pty Ltd, May 2018) K. Bushfire Management Statement and Management Plan (south West Bushfire consultants

Version 12 - 25 June 2015) Corangamite CCMA revised response 7 August 2018

15me0212-20180801-ph3-Light Spillage v1 Apollo Bay Shoot Info TP 044A_Cut and Fill Detail Sections 3 TP_006_C Master Plan TP_015_B Floor Plan - Guestrooms 2 Upper Level TP_036_B Access Routes TP_041_C Existing Trees to be Removed TP_046_A Typical Ridge Villa TP_049_A Creek Plateau Villas TP_050_A Pasture Villas TP_057-A Services Area Detail Plan Interactive Map - Parcels & Lots numbers

State Government of Victoria - Land.vic.gov.au

Google Earth Digital Aerial Photography

Page 29: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

27

Appendix A. - Instructions

Page 30: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

coastal planning

0408 734 169 | [email protected] www.coastalplanning.com.au

Coastal Planning Pty Ltd | ABN 28 143 459 876

29 August 2018

Mr Jean-Philippe Pector

BILOBA

Via Email to: [email protected]

Dear Mr Pector

COLAC OTWAY PLANNING SCHEME: APOLLO BAY TOURISM RESORT CALL IN PANEL PLANNING APPLICATION NO 169/2017-1, 275 BARHAM RIVER ROAD, APOLLO BAY

As discussed on the phone, Coastal Planning acts for the ‘Objectors to 275 Braham River Road Development Incorporated’

(Objectors Inc) group in relation to the abovementioned.

The Permit Application relates to Oceans United proposal to use and develop the abovementioned site for the purpose

of a tourist resort.

The Permit Applicant has been “called in” by the Minister for Planning who has established an expert planning panel

whom will provide recommendations to the Minister of the day regarding the merits assessment. As discussed on the

phone, the hearing is due to commence on 17th September.

As an expert in Landscape Architecture, we instruct you to please:

- Review the application the Apollo Bay Resort to assess its visual impact on the local landscape and the impact on the

significant landscape/landscape character and provide your expert opinion.

Please refer to the PPV Guide to Expert Evidence (3 page document).

Please peruse the relevant information that has been provided to formulate your expert opinion.

Kind Regards

S. Fanning Planning Consultant

COASTAL PLANNING

Page 31: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

“Our philosophy is to work in the greater respect of the environment for a sustainable future. The aesthetic choices we make are always governed by this principle.”

29

Appendix B. - CV Jean-Philippe Pector

Page 32: BILOBA Expert Witness Report - Final - 275 Barham River ... · Appendix B. - CV Jean-Philippe Pector “Our philosophy is to work in the greater respect of the environment for a sustainable

P H O N E 0 4 3 4 5 5 1 2 3 9 • E - M A I L L A N D S C A P E S @ B I L O B A . C O M . A U

J E A N - P H I L I P P E P E C T O R PERSONAL INFORMATION Date of Birth: 5th October 1970

Nationality: Belgian

QUALIFICATION Landscape Architect

Multimedia Developer - Graphic Designer

EDUCATION

1991-1994 Haute Ecole Lucia de Brouckère Brussels, Belgium Graduate degree in Landscape Architecture (Gradué en Architecture des Jardins et du Paysage)

1988-1991 Université Libre de Bruxelles (ULB) Brussels, Belgium Bachelor of Science : Information Technology

PROFESSIONAL EXPERIENCE

2008-present BILOBA Landscape Architecture Ferguson, Australia Landscape Architect Managing Director

2000-2007 Laurent Hayez & Partners Brussels, Belgium Landscape Architect – Landscape Gardener Partner / Team Leader

1997-2007 WéWéWé Comunication Agency Brussels, Belgium Managing Director Graphic Designer/Web Designer/Developer

1994-1997 JNC International Brussels, Belgium Landscape Architect

COMPUTER SKILLS MS Office suite + MS Access (Database) + MS FrontPage (Web)

Adobe Photoshop / Illustrator / CAD Programs: VectorWorks / SketchUp / Autocad

LANGUAGES French mother tongue

Fluent written and spoken English Intermediate Dutch/Flemish

REFERENCES On request

INTERESTS AND ACTIVITIES Environnemental conservation, Permaculture, D.I.Y

VOLUNTEER EXPERIENCE 07/2007-02/2008 Conservation Volunteer Australia

Collinwood Children Farm 2008-2018 Southern Otway Landcare 2008-2010 Friends of the Otways