8 July 2020

Prepared for North East Link

North East Link ProjectLAND USE PLANNING IMPACT ASSESSMENT: TEMPLESTOWE ROAD SOCCER FACILITIES

1 Executive Summary

URBISNorth East Link Project

URBIS STAFF RESPONSIBLE FOR THIS REPORT WERE:

Director

Michael Barlow

Associate Director

Evan Granger

Senior Consultant

Billy Greenham

Project Code

P0000021

Report Number

2.1

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TABLE OF CONTENTS

1.Introduction1

1.1.Site Location1

1.2.North East Link2

1.3.Draft Planning Scheme Amendment C132mann3

1.4.Purpose of this Assessment4

2.The Proposal5

3.Policy Context7

3.1.Relevant Legislation7

3.2.Planning Policy Framework8

3.3.Other relevant documents10

4.Impact Assessment12

4.1.Is the Land use appropriate?14

4.2.What are the impacts on the Yarra River, water quality, wetlands and flood plains?15

4.3.What are the native vegetation and fauna habitat impacts – is there an enhancement?18

4.4.What are the impacts on landscape character and viewlines?19

4.5.What are the traffic and parking needs?20

4.6.Does the proposal consider the PAO for road acquisition?20

4.7.What is the level of amenity impact on nearby sensitive uses?20

4.8.Is the built form appropriate?22

4.9.What is the bushfire risk?25

4.10.Are there any impacts on indigenous and non-indigenous cultural heritage?25

4.11.Conclusion25

5.Conclusion29

Appendix ARelevant Planning Policies31

Appendix BZone and Overlay Provisions for The Site38

Figures:

Figure 1 – Location of Bulleen Park and the relocation site, 27-59 Templestowe Rd, Bulleen2

Figure 2 – Draft Templestowe Road Soccer Facilities Master Plan (NELP, July 2020)6

Figure 3 – Zoning map of the Site and surrounds9

Figure 4 – Extent of the LSIO17

Figure 5 – DDO2 Reference area map, Clause 43.0223

Tables:

Table 1 – Relevant Legislation7

Table 2 – Applicable Zones and Overlays to the site8

Table 3 – Relevant state and local planning policies9

Table 4 – Other relevant policies/strategies/guidelines10

Table 5 – List of planning triggers12

Table 6 – Selected DDO requirements & assessment23

Table 7 – Recommended considerations the Incorporated Document needs to address26

CONTENTS

URBISLand Use Planning Impact Assessment - TRSF NELP 8 July 2020

URBISLand Use Planning Impact Assessment - TRSF NELP 8 July 2020

Executive Summary

This Land Use Planning Impact Assessment (The Assessment) has been prepared to inform the North East Link Project’s (NELP) draft Planning Scheme Amendment (PSA) C132mann, which seeks to facilitate the proposed Templestowe Road Soccer Facilities (the Project).

The Project relocates sporting facilities from Bulleen Park that will be permanently impacted by the construction of North East Link (NEL). The relocation site includes two properties (the Bulleen Golf Driving Range at 37-59 Templestowe Road and adjacent Parks Victoria public land at 27-33 Templestowe Road) in Bulleen, collectively described as 27-59 Templestowe Road (The Site).

The Project proposes the construction of three soccer fields, a pavilion and associated works including car parking, landscaping, lighting and seating. A draft Master Plan has been prepared by NELP in partnership with Manningham City Council, to guide the development of the Site.

The Land Use Planning Impact Assessment addresses two primary questions in assessing the Project:

Is the proposal appropriate as a (sports and recreation) land use?

Are the development impacts appropriate and sufficiently mitigated?

The Assessment has considered relevant legislation, planning provisions within the Manningham Planning Scheme and strategic land use plans, from which ten key impact assessment themes have been identified to guide the assessment.

Primary issues considered in this assessment include: appropriateness of active recreation/sports facilities on land designated as future open space and within the Yarra River Urban Parklands, impacts of development on the Yarra River water quality, environment and floodplain, whether the proposal enhances the local environment, and whether the built form and required earthworks are appropriate.

The Assessment concludes that the proposed land use (sports and recreation) is appropriate to the site context, consistent with future land use directions, and expedites the acquisition of the Bulleen Golf Driving Range to provide for new public open space. Overall, the proposed land use is considered to provide a net community benefit, as well as supporting the construction of the State-significant NEL.

The Project includes earthworks and introduces new built form to the Site (a pavilion building), however the proposed Master Plan design mitigates the potential impacts to an acceptable level. While the proposal includes removal of native vegetation, the biodiversity value of this native vegetation is low; the ecologically sensitive area of the Site is in the north abutting the Yarra River, which is protected from development. Furthermore, a proposed wetland and revegetation area in the northern area of the Site offsets the native vegetation loss and will likely enhance the site’s long-term ecology.

The Assessment provides a set of recommendations which should be addressed in the preparation of the Incorporated Document and associated PSA C132mann. The recommendations include development principles and guidance, as well as requirements for further design detail and impact management, via secondary consents (new plans), and further detailed design, which can inform the future Development Plan.

ii Executive Summary

URBISLand Use Planning Impact Assessment - TRSF NELP 8 July 2020

URBISLand Use Planning Impact Assessment - TRSF NELP 8 July 2020

Executive Summary i

Introduction

Urbis has been engaged by Clayton Utz on behalf of the North East Link Project (NELP) to conduct a land use planning impact assessment of the proposed development of sports and recreation facilities (known as the Templestowe Road Soccer Facilities (The Project)) at the Bulleen Golf Driving Range and adjacent Parks Victoria public land (collectively known 27-59 Templestowe Road, Bulleen (The Site)).

NELP has prepared a draft planning scheme amendment (PSA), Amendment C132mann to the Manningham Planning Scheme, which facilitates the relocation of sports and recreation facilities affected by the construction of North East Link (NEL). A draft Master Plan has been prepared to guide development of the sports and recreation facilities, which includes development of three soccer fields, pavilion and associated works including car parking, landscaping, lighting and seating.

This report assesses the appropriateness and impacts of the proposed land use and associated development. To inform the draft PSA C132mann, the assessment considers whether the Site is suitable for use as sports facilities and if deemed appropriate, what measures are necessary to ensure impacts are minimised.

The draft PSA C132mann seeks to apply the Specific Controls Overlay (SCO) and Templestowe Road Soccer Facilities Incorporated Document, May 2020 (the Incorporated Document) to the site. The draft PSA C132mann has the effect of exempting the Project from the usual requirements of the Manningham Planning Scheme and allows its use and development in accordance with the specific controls of the Incorporated Document.

Site Location

The Site is 27-59 Templestowe Road, Bulleen and comprises neighbouring land within two separate properties (Figure 1). One property is the Bulleen Golf Driving Range, a private driving range. The second is a portion of Parks Victoria public land (to the west), which accommodates part of the Yarra Valley Country Club golf course. Both properties abut the Yarra River to the north.

The Bulleen Golf Driving Range property comprises 2 parcels, while the Parks Victoria public land is on a separate, single title:

Lots 1 & 2 of TP828874: the Bulleen Golf Driving Range property, 37-59 Templestowe Road

CA15\PP2264: the Parks Victoria public land, 27-33 Templestowe Road

The Bulleen Golf Driving Range property has existing use rights as a Golf Driving Range. It includes:

Single-storey driving range infrastructure

Two caretaker’s dwellings

High voltage power transmission lines dissect the north of the Site (running east-west).

Access is via an intersection at Templestowe Road/Rosemount Drive, with dedicated right turning lane on Templestowe Road. All parking for the golf driving range is on the site

The Parks Victoria public land is an irregularly shaped lot. The area fronting Templestowe Road is under-utilised and generally vacant with managed grass and vegetation. A portion of the Site in the north is leased to the Yarra Valley Country Club golf course, with the northernmost area bushland adjacent to the Yarra River.

The Site has scattered native vegetation on boundaries and across the golf driving range area, with thicker riparian vegetation lining the Yarra River. The four primary vegetation types as classified in the Ecology Impact Assessment are: Introduced grassland, planted vegetation, native vegetation patches, and scattered native trees (both large and small). There is significant slope from Templestowe Road down to the Yarra River.

Parks Victoria public land

Bulleen Golf Driving Range

The TRSFD Project area

Figure 1 – Location of Bulleen Park and the relocation site, 27-59 Templestowe Rd, Bulleen

North East Link Description

NEL is a significant infrastructure project and its prompt delivery will provide a variety of benefits to the State of Victoria. The construction of NEL will deliver a new freeway-standard road connection that completes the ‘missing link’ in Melbourne’s Metropolitan Ring Road, between the M80 Ring Road and the Eastern Freeway. This will give the city a fully completed orbital road connection. The construction of NEL will commence in 2020, with an expected completion by 2027.

The NEL project area comprises land currently used for residential properties, industrial and commercial properties, recreational reserves, wetlands, educational and sporting facilities, as well as existing road reserves.

NEL assessment approval

The NEL has undergone an extensive planning and environmental assessment process.

Planning Scheme Amendment GC98 was approved the Minister for Planning on 23 December 2019 and gazetted on 3 January 2020.

The Environmental Management Framework (EMF), including Environmental Performance Requirements (EPRs), was approved by the Minister for Planning on 9 February 2020.

In addition to receiving planning approval in Victoria through the EES process, on 12 December 2019, the Australian Government issued an environmental approval for NEL under the Commonwealth’s Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), subject to conditions.

Impacted sports infrastructure

Sport and recreation infrastructure in the NEL project corridor will be subject to significant change during the NEL construction. Many individuals, sporting clubs and businesses associated with these public and private facilities will experience temporary disruption (e.g. loss of access during construction), while some will face permanent effects (e.g. relocation).

Importantly, EPRs SC4 and SC5 include requirements for the NEL project to facilitate the appropriate relocation of impacted sport and recreation facilities.

Relocation and replacement of sporting facilities impacted by NEL aligns with state planning policy, including clause 19.02-6S of the Planning Policy Framework (PPF) states that proponents should ‘ensure that where there is a reduction of open space due to a change in land use or occupation, additional or replacement parkland of equal or greater size and quality is provided’.

The relocation and/or reconfiguration of sports and recreation assets is a priority for NELP, as facility users should be able to transition to new facilities before their existing facilities are impacted by NEL’s construction. This means that new facilities must be delivered in a short period of time to meet overall NEL construction timeframes.

Due to permanent impacts to Bulleen Park Oval 1, replacement soccer pitches are required to be developed in an alternate location.

Identifying suitable sites for relocation of sporting facilities

The Minister for Planning in his Minister’s Assessment of NEL supported land acquisition for the purpose of replacement and an increase in public open space. The Minister supported utilising land currently subject to the PAO2 (acquisition for public open space), which includes land on the north side of Templestowe Road adjacent to existing parkland. The Minister’s Assessment supports the use of an Incorporated Document to fast-track and facilitate the provision of replacement open space, whether by expanding the NEL SCO or creating a new SCO (as is being pursued).

Multiple sporting facility relocation options, developed by NELP, considered the combined use of the Bulleen Golf Driving Range and the adjacent Parks Victoria public land on Templestowe Road – see Figure 1.

Following a detailed review of those options NELP has proposed to relocate the existing Bulleen Park Soccer Pitches to the Site.

Draft Planning Scheme Amendment C132mann

The Project’s relocation of impacted sports facilities is discreet from the construction of NEL, with its own set of considerations and needs. Therefore, to deliver the Project’s relocation works, a standalone PSA (C132mann) seeks to apply the SCO with schedule to the Site, to allow the use and development of the Site in accordance with the Incorporated Document.

The draft PSA C132mann seeks to make the Minister for Planning the responsible authority, effectively exempting the sports facilities relocation development from the usual requirements of the Manningham Planning Scheme and allowing the use and development of land for the Project in accordance with the specific control in the Incorporated Document, including conditions to manage the project impacts.

A draft Master Plan will be submitted to the Minister for Planning for assessment at the same time as the PSA C132mann.

The draft Master Plan and draft PSA C132mann have been informed by a range of technical assessments, including:

Arboriculture Impact Assessment, prepared by Landscape DEPT, dated May 2020;

Ecology Impact Assessment, prepared by GHD, dated May 2020;

Surface Water Impact Assessment, prepared by GHD, dated May 2020;

Contamination Impact Assessment, prepared by GHD, dated May 2020;

Transport Impact Assessment, prepared by Smed Tech, dated April 2020;

Landscape and Visual Impact Assessment, prepared by GHD, dated May 2020; and

Business Impact Assessment, prepared by Matters More, dated May 2020.

Social Impact Assessment, prepared by Public Place, dated May 2020

The above reports have informed the preparation of this Land Use Planning Impact Assessment.

Purpose of this Assessment

The purpose of this report is to assess the land use planning impacts associated with the Project’s proposed relocation and development of sports facilities on the Site, to inform the draft PSA C132mann.

The assessment considers two primary questions:

Is the proposal appropriate as a (sports and recreation) land use?

Are the potential development impacts appropriate and sufficiently mitigated?

In order to consider the above, the assessment will give regard to the current legislation, planning policy and relevant guidelines, and existing planning provisions. The report is guided primarily by the planning legislation (Planning and Environment Act 1987) and Manningham Planning Scheme provisions. Key to this is consideration of the existing zones and overlays, including their:

Purposes/objectives

Planning permit triggers (as though the proposal was not seeking exemption through the PSA)

Decision guidelines (Use & Development considerations).

A series of key issues have been identified from the review of the planning provisions and have been considered as key themes in the Impact Assessment section.

This report provides recommendations to inform drafting of the proposed PSA C132mann and Incorporated Document, to manage land use planning impacts associated with the Project.

The Proposal

The Project’s proposed development of the Templestowe Road Soccer Facilities seeks to provide suitable relocation opportunities for some of the impacted sport and recreation facilities in Bulleen Park, which will contribute to complying with the relevant EPR requirements and facilitate construction of NEL.

NELP, in partnership with Manningham City Council, has prepared a draft Master Plan to guide the redevelopment of the Site into a multi-purpose sporting facility, providing replacement sport and recreation facilities for the current users of Bulleen Park.

The new facilities are proposed to comprise three soccer fields, a pavilion, club rooms, new shared use paths and bicycle parking facilities, and car parking. Site access will remain at the same point but will require an intersection upgrade.

Figure 2 shows the proposed Master Plan for the redevelopment of the Site.

The planning land use terms to describe the Project are:

Use and development for Open Sports Grounds, including:

Development of three soccer pitches

A pavilion

Spectator seating areas

Car parking (175 spaces, subject to detailed design)

Earthworks (cut and fill) to create level areas, including retaining walls.

Native vegetation removal (with new planting of vegetation and wetland creation)

Alteration of access to RDZ1 (modified intersection to Templestowe Road – signalisation)

Bicycle Parking facilities.

Figure 2 – Draft Templestowe Road Soccer Facilities Master Plan (NELP, July 2020)

Policy Context

A summary of the key relevant legislation, planning provisions (policies, zones and overlays) and other policies/strategies/guidelines is provided in the following tables.

Relevant Legislation

Table 1 – Relevant Legislation

Legislation

Comment

Environment Protection and Biodiversity Conservation Act 1999 (Cwth) (EPBC)

This Act seeks to protect aspects of the environment that are of national significance including important flora and fauna, ecological communities and heritage places.

The NEL has an existing EPBC approval. The Site is within the NEL approval area, however, as a standalone project does not trigger a new referral.

Aboriginal Heritage Act 2006

This Act seeks to protect Aboriginal cultural heritage.

A Cultural Heritage Due Diligence Assessment (CHDDA) was undertaken for the Site to identify the potential for cultural sensitivity and the potential for this to be impacted during construction of the Project. The CHDDA assessed the proposal against the requirements of the Aboriginal Heritage Act 2006 and recommended that a Mandatory Cultural Heritage Management Plan (CHMP) was not required for the works. NELP will consult with the Registered Aboriginal Party in the area to ensure any potential impacts to cultural heritage are managed appropriately for this proposal.

Yarra River Protection (Wilip-gin Birrarung murron) Act 2017

This Act seeks to protect the Yarra River, recognising it as a living entity to keep alive and healthy for future generations. Part of the Site (the Parks Vic public land) is within the Greater Yarra Urban Parklands.

The requirement in the Planning and Environment Act 1987 to have regard to the Yarra protection principles and not act inconsistently with the Yarra Strategic Plan does not apply in relation to a declared project under the MTPF Act. It is understood that the NEL project area designated under the MTPF Act will be amended to include the Project/Site.

Flora and Fauna Guarantee Act 1988 (FFG)

This Act establishes a legal and administrative structure to enable and promote the conservation of Victoria's native flora and fauna.

An ecological impact assessment has been undertaken to determine if permissions are required under the Act.

Subdivision Act 1988

This Act sets out procedures for the subdivision and consolidation of land, and creation, variation or removal of easements or restrictions.

A planning permit is generally required for any subdivision. An exemption applies for subdivision where “an authority acquiring the land which does not create an additional lot”. Consolidation of land does not require a planning permit.

Planning and Environment Act 1987

This Act establishes a framework for planning the use, development and protection of land in Victoria.

This land use planning impact assessment primarily deals with provisions enabled by this legislation.

Planning Policy Framework

The Site is subject to the provisions of the Manningham Planning Scheme.

Table 2 – Applicable Zones and Overlays to the site

Zone

Area

Urban Floodway Zone (UFZ)

Majority of Bulleen Golf Driving Range land

Rural Conservation Zone – Schedule 1 (RCZ1)

Southern portion of Bulleen Golf Driving Range land with driving range building and caretaker’s dwellings

Public Park and Recreation Zone (PPRZ)

Parks Victoria public land (west of golf driving range)

Road Zone Category 1 (RDZ1)

Adjacent to the Site (Templestowe Road reserve)

Overlay

Area

Design and Development Overlay – Schedule 2-C (DDO2-C)

Covers all the Site

Environmental Significance Overlay – Schedule 2 (ESO2)

Northern portion of the Site, in proximity to the Yarra River

Environmental Significance Overlay – Schedule 3 (ESO3)

Covers all the Site, excluding the area designated as ESO2

Land Subject to Inundation Overlay (LSIO)

Covers majority of the Site, excluding the areas at or above approximately 18m AHD (level of 1 in 100-year flood event) close to the southern boundary

Public Acquisition Overlay – Schedule 2 (PAO2)

Covers all the Bulleen Golf Driving Range land (intended acquisition for public open space)

Public Acquisition Overlay – Schedule 4 (PAO4)

Applies to an approximately 10-metre-wide strip adjoining the Templestowe Road boundary (potential future road duplication)

Significant Landscape Overlay – Schedule 2 (SLO2)

Covers all the Site

The relevant purposes and decision guidelines of the zones and overlays applying to the Site are expanded in Appendix B. Figure 3 below shows the zoning of the Site and surrounds.

The Templestowe Road Soccer Facilities Project Area

Figure 3 – Zoning map of the Site and surrounds

Table 3 – Relevant state and local planning policies

Planning Policy Framework

Sub-clauses

Clause 11: Settlement

Clause 12: Environmental and Landscape Values

Protection of biodiversity

Native vegetation management

River corridors, waterways, lakes and wetlands

Yarra River protection

Environmentally sensitive areas

Clause 13: Environmental Risks and Amenity

Bushfire planning

Floodplain management

Contaminated and potentially contaminated land

Clause 14: Natural Resource Management

Catchment planning and management

Water quality

Clause 15: Built Environment and Heritage

Urban Design

Aboriginal cultural heritage

Clause 19: Infrastructure

Open Space

Open Space – Metropolitan Melbourne

Integrated water management

Local Planning Policy Framework (LPPF)

Clause 21: Municipal Strategic Statement

Municipal profile

Key influences

Vision – Strategic Framework

Green Wedge and Yarra River Corridor

Environmentally sustainable development

Heritage

Infrastructure

Open space and tourism

Community health and well-being

Clause 22: Local Planning Policies

Native vegetation policy

Cultural Heritage policy

Advertising Signs

Urban Design

Access for disabled people

U&D in the RCZ

Outbuildings in the RCZ

A summary of the above clauses, including relevant issues, objectives and decision guidelines are provided in Appendix A.

Other relevant documents

Table 4 – Other relevant policies/strategies/guidelines

Document

Comment

Plan Melbourne 2017-2050

The Metropolitan Planning Strategy ‘Plan Melbourne’ defines the future shape of the city and state over the next 35 years.

Plan Melbourne sets out 9 Principles, including ‘Environmental resilience and sustainability’. The Plan also provides 7 Outcomes with associated Directions and Policies.

Directions 5.4 ‘Deliver local parks and green neighbourhoods in collaboration with communities’ and 6.5 ‘Protect and restore natural habitats’ are particularly relevant to the proposal.

Draft (2020) Yarra Strategic Plan

(Note: currently no statutory weight)

The Draft Yarra Strategic Plan is the first integrated corridor plan for the Yarra River, developed collaboratively by the Wurundjeri Woi wurrung Cultural Heritage Aboriginal Corporation and all 15 state and local government agencies involved in managing the river. It identifies immediate actions for the river and seeks to enable long-term collaborative management.

The Draft Yarra Strategic Plan includes a Land Use Framework Plan and set of ‘whole of river’ directions, to ensure the values of the river are protected.

The Site sits within the Suburban reach area of the Land Use Framework Plan (Bulleen Precinct). The key relevant directions include sensitive siting of built form, retention of the vegetated river corridor, locating developments away from the river, designing buildings to respect the river’s sensitive landscapes, and maintaining diverse park landscapes to connect people to the variety of past uses and enable a wide range of visitor experiences.

Draft (2019) Yarra River - Bulleen Precinct Land Use Framework Plan

(Note: currently no statutory weight)

The Draft Bulleen Plan seeks to provide integrated direction on future land use changes for the area. The draft Bulleen Plan notes the area contains important Crown parklands that are part of the Greater Yarra Urban Parklands, identifying the area’s potential to become an internationally significant cultural precinct.

The Principles and Directions most relevant to the Project are: ‘Healthy Environment – Land and Water’: reclaim and rehabilitate riparian corridors, and ‘Delivering public value’: introduce a compatible mix of uses to improve the quality and amenity of parklands and open space.

The Draft Framework Plan marks the Site as partially ‘expansion of parklands/ecological connections’ (in the north) and mostly as ‘expansion of parklands/potential active recreation’.

Impact Assessment

The purpose of this report is to assess the appropriateness and land use planning impacts associated with the Project’s proposed use and development. The impact assessment seeks to address these two primary questions:

Is the proposal appropriate as a (sports and recreation) land use?

Are the development impacts appropriate and sufficiently mitigated?

In assessing the above, the report considers the existing planning provisions as a base context. A range of themes have then been identified as common issues raised across the relevant planning policies, ordinance and legislation. The chapter concludes with a table of recommendations the Incorporated Document should address.

If this proposal was considered under the existing planning provisions, the planning permit triggers listed in Table 5 would apply.

Table 5 – List of planning triggers

Provision

Triggers

UFZ

Clause 37.03-1 ‘Table of Uses’:

Permit required for use as Leisure and Recreation (Note: land use definition includes Open Sports Ground)

Clause 37.03-2 ‘Buildings and Works’:

Permit required to construct a building or carry out works, including minor works such as a fence and pathways

RCZ1

Clause 35.06-1 ‘Table of Uses’:

Note: Use as Leisure and Recreation is prohibited

Clause 35.06-5 ‘Buildings and Works’:

Permit required to construct or carry out buildings or works associated with:

A use in Section 2; and

Earthworks which change the rate of flow or the discharge point of water across a property boundary.

PPRZ

Clause 36.02-1 ‘Table of Uses’:

Use as an Open Sports Ground does not require a permit if the use is conducted by or on behalf of a public land manager or Parks Victoria. If the condition is not satisfied, a planning permit is required.

Clause 36.02-2 ‘Permit requirement’:

Permit required to construct a building or carry out works (some exemptions for minor works, such as pathways, picnic tables, drainage and landscaping).

DDO2-C

Clause 43.02-2 ‘Buildings and works’:

Permit required to construct a building or construct or carry out works (including some minor works such as a fence)

Note: Mandatory setbacks and 8m height limits apply to buildings

LSIO

Clause 44.04-2 ‘Buildings and works’:

Permit required to construct a building or carry out works, including most minor works such as fencing, decking, pathways and trails.

SLO2

Clause 42.03-2 ‘Permit requirement’, refers to ‘Schedule 2 - 3.0 Permit requirement’:

Permit required to remove, destroy or lop native vegetation (with some exemptions), construct a fence (with some exemptions), and to construct a building greater than 6 metres above natural ground level.

ESO2

Clause 42.01-2 ‘Permit requirement’, refers to ‘Schedule 2 – 3.0 Permit requirement’:

Permit required to construct a building or carry out works (including earthworks and bicycle pathways and trails), and to remove, destroy or lop native vegetation, including dead Eucalyptus (with some exemptions)

Note: the native vegetation controls differ from Clause 52.17

ESO3

Clause 42.01-2 ‘Permit requirement’, refers to ‘Schedule 3 – 3.0 Permit requirement’:

Permit required to construct a building or carry out works (including earthworks and bicycle pathways and trails), and to remove, destroy or lop native vegetation, including dead Eucalyptus (with some exemptions)

Note: the native vegetation controls differ from Clause 52.17

PAO2 and 4

Clause 45.01-1 ‘Permit required’:

Permit required to use land for any Section 1 or Section 2 use in the zone, to construct a building or construct or carry out works, and to damage, remove, destroy or lop any vegetation

Particular Provisions

Clause 52.05-2 ‘Requirements’, refers to 52.05-14 ‘Category 4 – Sensitive areas’

Permit required to erect a business identification sign; the total display area to each premises must not exceed 3m2

Clause 52.17-1 ‘Permit requirement’

Permit required to remove, destroy or lop native vegetation, including dead native vegetation (with some exemptions)

Clause 52.29-2 ‘Permit requirement’

Permit required to create or alter access to a road in a Road Zone Category 1 (RDZ1)

The above ‘triggers’ will not apply to the development if the draft PSA C132mann is approved. However, the objectives and decision guidelines of the controls provide a practical starting point as an assessment framework. Their intent will also need to be considered in preparing the PSA C132mann and the Incorporated Document.

The following ten assessment themes have been identified as the basis for this Land Use Planning Impact Assessment.

The themes contain some overlap but are grouped as such to emphasize crucial assessment issues. The themes are:

Is the land use appropriate?

What are the impacts on the Yarra River, water quality, wetlands and flood plains?

What are the native vegetation and fauna habitat impacts – is there an enhancement?

What are the impacts on landscape character and view lines?

What are the traffic and parking needs?

Does the proposal adequately consider the PAO for road acquisition?

What is the level of amenity impact on nearby sensitive uses?

· Traffic access and parking

· Lighting

· Visual

· Noise

· Signage

Is the built form appropriate?

What is the bushfire risk?

Are there any impacts on indigenous and non-indigenous cultural heritage?

Is the Land use appropriate?

There are three key issues when considering the appropriateness of the Project’s proposed land use:

Is the land use appropriate to the zones and overlays (UFZ, PPRZ, RCZ1, PAOs, LSIO, SLO & ESOs) given their restrictive development intentions and public park nomination?

Is there an unacceptable loss of public open space?

Is there an unacceptable flood risk and/or impact upon the Yarra River and water quality?

The current zones applying to the Site parcels are relatively restrictive. The UFZ seeks to avoid development that will impact the floodplain, as does the LSIO. The RCZ1 seeks to restrict development (in response to environmental concerns), as do the two ESOs. The questions of flood risk, environmental impacts and physical implementation issues will be addressed later in this section.

The RCZ1 prohibits Leisure and Recreation uses, therefore, under the existing provisions the proposal would not be permitted. The RCZ1 is in place to prevent intensification of the site, however, the existing golf driving range is already a prohibited use. The dwellings are also generally not supported by the intent of the zone. An alternative prohibited use should therefore not be ruled out.

The PPRZ supports public open space and recreation, while considering appropriate commercial use. The PAO4 applying to the Bulleen Golf Driving Range designates the land as subject to acquisition for open space/parkland.

The Project’s proposed open sports grounds will introduce a new, more intensive active recreation use to the Site in terms of number of users and built form (although the footprint of the active recreation use will be reduced). While the current Bulleen Golf Driving Range is a form of active recreation, the PAO designation, in combination with the neighbouring PPRZ land, demonstrate that the long-term intention of both pieces of land is for public use – parkland and/or open space. Parks Victoria currently manages the PPRZ land and has been consulted in the development of this proposal.

The PAO4 has been in place (in varying forms) on the Bulleen Golf Driving Range land since 1975, as part of broader public open space plans for the Yarra River. Significant time has passed without acquisition of the Bulleen Golf Driving Range land proceeding, so while community expectation is for its acquisition, the expectation to be purely passive open space (as opposed to active recreation) may be tempered. NELP proposes to acquire the land, fast-tracking its conversion to public use (active recreation and passive open space). In assessing the proposed land use for active recreation, the impact on future open space needs to be considered.

The Project utilises only the southern portion of the Bulleen Golf Driving Range land for active recreation, with northern balance of the Site proposed as parkland rehabilitation. Therefore, on balance, while part of the area designated for future open space under the PAO will be utilised for active recreation, the Site will be fast-tracked into providing passive open space and ecological rehabilitation on the northern area. This is consistent with the Draft Yarra River - Bulleen Precinct Land Use Framework Plan. Furthermore, there is an established precedent of active recreation land uses within areas of Yarra River parklands. Plan Melbourne defines Open Space as including ‘land reserved for natural landscape, parklands, recreation and active sports, as well as waterways and bays’.

The current PPRZ land is essentially underutilised. The proposal includes utilising approximately 55% of the private land and 30% of the PPRZ land for the sports facilities. The balance land is proposed for retention and enhancement of vegetation, with provision for walking and cycling trails (including the future proposal to extend to the Yarra River Trail).

The established recreation use provides a level of community understanding that the land is not solely for public, passive open space. The PPRZ (and UFZ) is an appropriate zone to consider some active recreation uses. The retention and enhancement of the balance land for biodiversity and conservation values, as well as construction of passive recreation trails, represents a strong community benefit. The loss of the golf driving range, a private, entry-fee facility, for public open sports grounds, is also considered to be a community benefit.

The requirements of the RCZ1 do prohibit the proposed active recreation uses. However, the intent of the RCZ1 needs to be understood in context – it applies to a small area lining Templestowe Road, where two dwellings exist, and seeks to limit residential/urban growth. The draft PSA C132mann will ‘lift’ the development approvals from the current planning provisions. This is considered appropriate in context, as the proposed sports facilities are relatively minor and replace the existing Bulleen Golf Driving Range and two dwellings.

Overall, the acquisition of the Bulleen Golf Driving Range land and conversion to active recreation in the southern portion of the land, combined with the enhancement and rehabilitation of the northern portion of the land is positive. Consideration then falls to its appropriateness from environmental, flood and amenity perspectives.

Summary

The Project’s proposed land uses (active sports and recreation, open space) are considered appropriate to the Site, balancing its context, planning provisions, and strategic land use plans.

The use of the Site for active recreation is constrained to the southern area, meaning a significant portion of the Site remains as passive public open space.

The land acquisition and use as public space (active recreation and passive) is considered appropriate.

The flood risk and potential flood impacts will be assessed below. The proposed land uses of the Site can only be considered appropriate if the impacts on the Yarra River, water quality, native vegetation and floodplains are acceptable.

What are the impacts on the Yarra River, water quality, wetlands and flood plains?

The planning provisions seek to enhance the Yarra River corridor – by improving water quality and landscape character, and by providing a corridor of vegetation.

The assessment of water impacts needs to consider:

Proximity of development and works to the waterbodies

Flood risk and modelling of expected floodplains/paths/depths (i.e. have flood prone areas been avoided as much as possible? Are the earthworks and the level of cut/fill acceptable?)

WSUD treatments, the amount of impermeable surfaces and water run-off, and stormwater detention and mitigation measures

Whether future use and development could create contamination threats

Whether the development improves riparian vegetation and the landscape corridor.

The Project’s proposed land acquisition (enabled through the proposed expansion of the project area via the MTPFA) and re-vegetation in the lower reaches of the Site support the future opportunity to connect to the Main Yarra Trail (a shared user path). The proposal is considered to enhance the vegetation corridor and landscape character adjacent to the river. The proposed wetland also has the potential to enhance water quality, vegetation and fauna habitat.

The LSIO extent is modelled to a 1 in 100-year flood event, to approximately 18m AHD, as shown in the figure below. A significant portion of the sports fields are within the area of the LSIO. The Site has significant differences in elevation, with the level difference between Templestowe Road surface and the floodplain approximately 6.7 metres. Both cut and fill works will be undertaken in the construction of the fields and pavilion, affecting the line of 18m AHD. For example, the pavilion will be sited on fill earthworks, above 18m AHD but inside the current LSIO boundary.

Water quality is the key issue and requires assessment as part of the environmental provisions of the proposal. Some of the proposed earthworks (cut/fill and batters) and wetland are within the floodplain, hence a Surface Water Impact Assessment has been prepared to understand the impact on floodwater and water quality.

Four main aspects relating to surface water have been considered in Surface Water Impact Assessment: flooding, water quality, geomorphology and water supply (the report states geomorphology is not impacted). The report:

Outlines that design iterations have progressively reduced the impact, to a point where: earthworks for the sports fields are minimised, with Field 1 to be a synthetic pitch above flood level, Fields 2 & 3 (within the floodplain) to be grass (to reduce pollutant load and run-off), the carpark to be outside the floodplain, and a drainage depression introduced to improve conveyance of flow through the floodplain;

Concludes that changes to flood depths and levels would be mostly localised and unlikely result in adverse effects. Appropriate detailed design and construction in accordance with a CEMP (and industry guidelines) can ensure that the proposal is constructed and operated with no significant adverse surface water impacts;

Concludes that the velocity distribution changes are as expected, with lower velocities downstream of the works, and slightly higher velocities in the constriction due to the fill platform. Differences in the peak flow velocity are typically significantly smaller than 0.5 m/s;

Recommends water treatment features such as gross pollutant traps should be considered to filter and treat the stormwater captured by the new impervious surfaces, to reduce the potential for pollutants to end up in the waterways;

Recommends a Surface Water Management Plan to manage surface water during construction including measures such as maintaining existing flow paths, drainage lines and floodplain storage;

Recommends the assessment of flood risk through modelling of temporary works to demonstrate that the project meets the flood level, flow and velocity requirements;

Recommends provision of adequate clearances and access for ongoing maintenance of drainage assets;

Recommends minimising impacts and interference with third party property and infrastructure that could cause damage or impacts; and

Recommends requiring a Construction Environment Management Plan to address potential water quality impacts of construction stage (earthworks/excavations etc).

Figure 4 – Extent of the LSIO

The new uses would not be expected to create any contamination risks due to chemical use, however, run-off and stormwater needs to be adequately filtered and detained prior to discharge, to avoid litter and carpark chemicals to flow directly into the Yarra River. The Site has access to the reticulated sewer system, therefore the amenities will not impact on water quality. Due to the nature of the sports fields, there are likely to be concurrent sporting events with reasonably significant attendance. A Waste Management Plan is necessary to ensure waste is adequately managed to avoid impact on the environment.

Summary

The majority of the Site is at risk of inundation. Buildings and infrastructure should be constructed to avoid this as much as possible, while not creating unreasonable changes in levels.

Earthworks (cut and fill) are required for construction. The proposed land levels alter the existing floodplain.

The Surface Water Impact Assessment concludes the proposal is reasonable and will not have undue impacts upon the floodplain, water quality, or water supply.

Future detailed design plans need to address WSUD and impacts on the floodplain.

The Incorporated Document should address these matters through the inclusion of conditions.

Conditions in the Incorporated Document should ensure that Melbourne Water (as the floodplain manager) is engaged in the preparation of the design plans.

What are the native vegetation and fauna habitat impacts – is there an enhancement?

Clear environmental policies apply to the site, seeking to prevent of run-off, and enhance the quality of soil, water, air, habitat, biodiversity and vegetation. The water quality, flood impact, and soil management issues have been discussed in the previous sub-section. In considering the reasonableness of native vegetation removal it is necessary to assess:

The general level of biodiversity importance of vegetation across the Site (identifying sensitive areas, including riparian vegetation)

The likelihood of higher-level significant vegetation being impacted

The ability for detailed design to avoid, minimise and offset where necessary

Whether the proposal will provide an overall improvement for vegetation/biodiversity (through planting and landscaping).

The Site contains a mix of native and exotic vegetation. The area adjacent to the Yarra River supports high biodiversity value vegetation. The golf driving range is primarily managed grass of exotic species.

The draft Master Plan details two areas of significant vegetation to be avoided (in the south-eastern area) and involves no works adjacent to the Yarra River. A shared-use path is proposed across the northern area. While the masterplan stage is too early to have exact figures of native vegetation removal, the accompanying Ecological Impact Assessment estimates removal of 6 scattered trees (small) and one patch of native vegetation. None of this is within the areas of highest biodiversity value.

The development requires some removal of native vegetation, as well as a significant increase in impermeable surfaces. The risks of increased run-off (including sediment and pollution) is high unless appropriately managed. The balance of the proposal needs to be considered, which includes creation of a new wetland area and significant re-vegetation of the area which is currently open grassland for the golf driving range.

Environmental assessments (Ecology and Arboriculture Impact Assessments) have been prepared separate to this Land Use Planning Impact Assessment. These detailed environmental assessments address the quality of native vegetation (including mapping of mature canopy trees) and fauna habitat and presence. Some of the findings include:

There are no threatened Ecological Vegetation Classes (EVC) on the site;

One EVC is present: Floodplain Riparian Woodland (EVC 56);

There were no species listed as rare or threatened under the EPBC Act, FFG Act, or DELWP Advisory List recorded in the site;

Owing to the high degree of modification, and weedy understorey, it is unlikely that any rare or threatened flora occur in the study site;

There are 0.208 hectares of remnant patches of native vegetation mapped on the site. There are 29 (native) scattered trees (one large, 28 small). There are no large trees within patches;

The design concept suggests 6 scattered trees (small) and one Patch area are to be removed, resulting in an Intermediate assessment pathway (under the Victorian Guidelines);

The Ecology Impact Assessment recommends preparing an EMP (including CEMP), Worksite EMP, Operations EMP, & Spoil Management Plan

The project design has avoided impacts on native vegetation as far as possible, with some loss of vegetation and fauna habitat unavoidable; and

Reinstatement of vegetation as soon as possible, particularly along Yarra River Corridor, will improve biodiversity outcomes.

The biodiversity value, sensitivity and condition of native vegetation on the Site has been considered within the design concept. The ESO2 applying to the Yarra River and immediately adjacent land designates ‘Critical and Core Conservation Areas’ (in this case a riparian area). The development proposal avoids this area and the areas of highest value have been avoided.

Buffer areas designated by the ESO3 are slightly more degraded and in the lower reaches of the Site will be improved by the proposal. The Field 3 pitch is a minimum of approximately 160m from the Yarra River edge.

The planning provisions require an approach of ‘Avoid, minimise, offset’ regarding native vegetation removal. There is no need for native vegetation removal within the immediate surrounds of the Yarra River (ESO2 land) – indeed, the project proposes to increase planting, which will likely enhance the biodiversity outcomes. Re-planting and creation of the wetland should provide an opportunity to enhance habitat for flora and fauna species and potentially movement of species by creating a denser linkage.

The Arboriculture Impact Assessment details trees on the Site (298 total – does not consider the banks of the Yarra River), noting that of the planted amenity trees 75 have high arboricultural retention value. Recommendations for mitigation of impacts include; detailed design to further avoid removal, a Tree Protection Plan, and planting schedule which achieves a net gain in canopy over 20 years.

To avoid impacts on sensitive fauna, there must be no light spill towards the wetlands and Yarra River. This is considered achievable but will require conditioning as part of the Incorporated Document.

Summary

While the proposal will result in a small amount of native vegetation removal, the concept demonstrates the ‘avoid, minimise and offset’ principle as well as potential to improve biodiversity and increase native vegetation across the site.

To satisfactorily control impacts on native vegetation, the Incorporated Document should require an Environmental Management Plan (or similar), which can condition elements such as: the ‘avoid, minimise and offset’ principle, objectives for enhancement of the flora and fauna habitat, and details such as avoiding significant vegetation.

What are the impacts on landscape character and viewlines?

The planning provisions highlight the sensitivity of landscape character and viewlines from the Yarra River. Given development is set a minimum 160m back from the Yarra River, with vegetation planting proposed, the proposal is not considered to impact on these views or character.

No existing shared/recreational paths cross the site. There is potential provision of new paths as part of this proposal or in future. Given the significant setback of development these paths can be located to avoid the highly sensitive existing vegetation along the edge of the Yarra River.

The underlying controls note that development on hillslopes and crests must be subordinate to vegetation and the landscape setting. The existing Design and Development Overlay imposes a mandatory 8 metre height limit for buildings. The southern portion of the Site is more than 5 metres higher in elevation than the Yarra River; development should remain low scale to reduce its visibility. The vegetation to be planted will in time contribute to screening the development.

The car parking within the front setback should have a landscaping buffer to obscure views for residents on Templestowe Road. The height of lighting towers is not yet determined but are likely to be taller than the prevailing mature tree canopy height (SLO suggestion). The proposed pavilion will be approximately 4.5 metres tall, considered to be appropriate to the landscape.

A Landscape and Visual Impact Assessment has been undertaken to inform and support the concept plan and PSA. The report assessed visual impacts from four publicly assessable viewpoints. Where the viewpoints were located within Banyule Flats Reserve and Birrarung Park adjacent to the Yarra River, both construction and operation impacts would be negligible due to the existing dense native vegetation. Where viewpoints were located within the surrounding residential areas, which are elevated above the river, the assessment found that the visual impacts would be moderate during construction due to the presence of construction activity and the vegetation removal. During operation, these impacts would decrease to low due to the planned revegetation.

If new electricity infrastructure (such as a substation) is required, it should be sited to reduce visual impact from outside and within the site.

No detail of fencing is provided. The SLO and LSIO require that no fencing be situated close to the Yarra River, and in cases where it is necessary, to ensure it is highly permeable and visually recessive.

Summary

The Incorporated Document should ensure no adverse impact on landscape character. This can be achieved through the use of design guidance in the master plan that will form part of the Incorporated Document.

The design guidance should require, recessive built form, height limits for buildings generally as per the DDO, and for fencing to be low-scale and highly permeable.

A condition of the Incorporated Document should require the preparation of a Landscape Plan.

What are the traffic and parking needs?

A Traffic Impact Assessment (TIA) (dated April 2020) has been prepared by NELP, which has helped inform design of the proposal. The existing access point to Templestowe Road/Rosemount Drive will remain, however the intersection will be upgraded, including the introduction of traffic signals to control turning movements and improve safety. This will be particularly important due to the additional traffic forecast to use Templestowe Road with the proposed future duplication works.

Parking provision must be provided on-site, as proposed. An indicative layout has been designed, subject to further detailed design work. The design seeks to minimise native vegetation removal and comply with relevant standards. The mature Spotted Gum is particularly valuable and has been retained in the draft Master Plan design. No parking rate for such a sports facility is provided in Victorian provisions. The Traffic Impact Assessment proposes a 50 spaces-per-field rate as per guidelines from City of Brisbane. Under that scenario, 150 spaces are recommended. The draft Master Plan provides approximately 176 spaces, which is considered adequate.

The TIA states the introduction of traffic signals would improve the safety of this intersection, with controlled turning movements. This will cause some delay to through traffic on Templestowe Road but improve performance to and from side streets.

The Incorporated Document will need to require detailed design plans for the intersection and car parking provision and layout (at the Development Plan stage).

The views of the Road Authority (Department of Transport) will be required in the preparation of the Development Plan for the Site (a condition of the Incorporated Document).

The amenity impacts will be considered further below, with landscaping required to obscure and soften the view to the car park from Templestowe Road.

Summary

The Development Plan shall address the access and parking provision of the site.

Department of Transport as the Responsible Road Authority should be consulted in preparation of relevant documents, including the Development Plan and any traffic management plan.

Does the proposal consider the PAO for road acquisition?

The PAO4 applies to the front setback of both properties, for future expansion of Templestowe Road. The concept plan accounts for this by setting back the development to avoid the PAO area. As such, the proposal adequately addresses the PAO.

Summary

The proposal adequately addresses the PAO for road acquisition.

Department of Transport as the Responsible Road Authority should be consulted in preparation of relevant documents, including the Development Plan and any traffic management plan.

What is the level of amenity impact on nearby sensitive uses?

The proposal introduces new uses to the site, which will include operating hours beyond those of the current use, greater lighting needs, potential for greater noise, and increased traffic. Visual impact of the development also needs to be considered.

Traffic: access and parking

Access via the existing intersection appears reasonable, with upgrades to be determined in detailed design

Parking needs to accommodate peak demand, when multiple sports matches are underway concurrently

Given the new use, it is necessary to consider whether the volume of traffic is unreasonable for neighbouring residential areas. As Templestowe Road is a major arterial, the increase in traffic is considered to have a minimal impact. The potential for an amenity impact is in late-evening/night events, due to headlight glare into surrounding residences when vehicles exiting the site, is considered to be low given the width of the roadway and the existing vegetation located on the south side of the road opposite the likely entry point to the site.

Parking needs to be fully accommodated on-site. If the expected demand can be met on-site, there will be no amenity impacts from parking overflow. Landscaping should be provided in the front setback to reduce visual impact.

Lighting:

The intersection upgrade will require further lighting

The soccer pitches will have light-towers for flood-lighting

No lighting will be installed north of the transmission lines.

The residential areas opposite the Site have clear views to the site, with a minimum separation of approximately 31m between boundaries. Lighting for the soccer pitches would be a minimum distance of approximately 25m (Field 1) and 65m (Fields 2 & 3) from residential boundaries.

The height, direction and baffling of lighting should sufficiently control light-spill on the adjoining parklands and other properties. Operating hours could be restricted during the evening time to ensure that lighting does not continue late into the night.

The Landscape and Visual Impact Assessment provides the standards to which lighting should adhere, which will minimise light spill to adjacent areas. The Development Plan stage of the design process will need to ensure light spill is minimised as per those standards.

Visual:

Light-towers have the potential to create new impacts on landscape/views, and should be of non-reflective, neutral finish. The pavilion should be visually recessive.

Landscaping should be required to obscure views of the carpark and facilities.

The final design of the light-towers is not yet known therefore the Incorporated Document should consider conditioning further detail, considering:

Finishes and materials should be non-reflective and recessive.

The nature of the open pitches is such that there will be minimal development above ground level. The residential areas are generally at least 1-2m higher ground level than the subject site. There is a significant landscaped area in the median between the service lane and Templestowe Road, obscuring views from residential areas.

Landscaping within the front setback of the subject Site will further obscure views and would be considered an acceptable outcome.

Noise:

Day-time events are considered to have negligible impact. Evening events have potential impact, primarily due to traffic noise. However, the nature of activity (club and social sport) is not expected to attract large crowds.

Traffic noise is unlikely to be perceivably increased given the nature of the arterial – only night-time increases would potentially cause concern. Operating hour controls can mitigate amenity impacts regarding light-spill and noise.

Signage:

The advertising (and business identification) signage controls applying the Site are highly restrictive. Future signage will likely fall within the construction, directional and business identification classifications, however the location and extent has not been determined.

The Incorporated Document can control signage requirements. The future signage requirements of the Site may include some business identification for sporting organisations. In this instance, some signage above the current 3m2 maximum is considered acceptable. Advertising signage can be controlled as part of the Development Plan stage of the proposal.

Summary

Detailed design needs to address amenity impacts and car parking provision/layout.

Conditions may be required in the Incorporated Document, which restrict operating hours to avoid unacceptable amenity impacts on the adjacent residential areas.

Conditions should ensure any light-spill is minimised to sensitive uses and areas (including areas with native fauna, particularly north of the sports fields) in-line with relevant standards.

Advertising signage can be controlled as part of the Development Plan stage of the proposal.

Is the built form appropriate?

The built form in this proposal includes the pavilion, sports fields, and associated infrastructure. The built form assessment relates to:

Height (and overshadowing)

Materials and finishes

Distance to Yarra River (for planting and to comply with DDO2)

Fencing

Earthworks.

The pavilion floorplate is small, with proposed height of 4.5 metres (top of roof). The DDO2 specifies a mandatory height maximum of 8 metres. No overshadowing across boundaries is expected given the open, low-scale nature of development.

There is no detail on material and finishes. In order to be visually recessive and meet the criteria of the planning provisions, finishes should be neutral, non-reflective, and form recessive in general. These requirements can be conditioned as part of the Incorporated Document.

There is sufficient distance between the proposed buildings and the Yarra River to provide new planting and obscure views. It is expected that the development will not be visible from the river. The Landscape and Visual Impact Assessment establishes that views from the Yarra River are highly obscured by vegetation.

The DDO2 has a minimum setback distance, shown in Figure 5.

Figure 5 – DDO2 Reference area map, Clause 43.02

The blue line is the mandatory minimum setback line in the underlying controls. The pavilion is proposed to be within this setback, with earthworks to fill the height of the land to avoid flooding. The proposal thus contravenes the setback requirement of the DDO. While the setback is mandatory, under the Incorporated Document and SCO controls, this requirement can be reconsidered. There are no agreed tests in this circumstance however, consideration of visual impact and distance within the setback should be analysed. Assessment of the proposed siting of the pavilion and sports fields against selected DDO Design Objectives is provided in Table 6.

Table 6 – Selected DDO requirements & assessment

Design Objective

Comment

To protect and enhance the natural landscape character of the Yarra River corridor

The pavilion and sports fields do not detract from the existing, highly modified landscape

To minimise the visual intrusion of development when viewed from the Yarra River and adjacent public open space, bicycle and shared paths and bridge crossings.

The proposed works are highly obscured from public spaces along the Yarra River

To ensure development on visible hillslopes, crests, skylines and ridgelines is subordinate to existing local vegetation and natural landscape character setting.

The proposed heights are subordinate to mature vegetation. The Incorporated Document needs to ensure non-reflective materials and finishes

To ensure sufficient space is provided between buildings to maintain views to the Yarra River and allow for the planting and growth of vegetation, including large canopy trees.

The pavilion and sports fields do not encroach significantly into the setback and allow for significant space to the Yarra River. The proposal also includes significant revegetation

To ensure new buildings are appropriately set back from the banks of the Yarra River and adjacent public open space.

As above

To avoid additional light spill and overshadowing from buildings on the banks and water of the Yarra River, its adjacent public open space, bicycle and shared paths.

Lighting of the sports fields needs to adhere to Australian standards and cause no light spill to sensitive areas along the Yarra River

To ensure public views of buildings are filtered through vegetation and trees.

Significant vegetation obscures views of the proposal

To avoid tennis courts, swimming pools and other structures within identified setbacks from the Yarra River to protect and enhance the natural landscape character setting and riparian zone.

The pavilion and soccer fields will encroach in the setback. It is considered on balance that this will not detract from the natural landscape character, particularly given the existing use as a golf driving range, with highly modified vegetation and mowed grass landscape

To minimise impervious surfaces to allow for the filtration of water and retention and establishment of vegetation and canopy trees.

The two fields within the floodplain are proposed to be grass surfaces to reduce impervious surfaces within the proposal

On balance, the proposal to site the pavilion partially within the setback, and two fields partially within the setback, is considered acceptable given the site context, topography, existing vegetation and proposed revegetation.

The height of the light-towers is not known, but NELP estimates between 18-25 metres to adhere to sporting requirement guidelines. This contravenes the DDO height control and SLO height guideline. The Landscape and Visual Impact Assessment concludes that lighting should be designed to the minimum height possible to reduce the visual impact of light poles on views to and across the site, including views from surrounding residential areas and the Yarra River corridor. Materials and finishes need to be recessive and non-reflective if they are to exceed the DDO and SLO height requirements. Given the slender built form of the towers, and the existing electricity transmission lines on the Site, the light-tower heights are considered acceptable. The Incorporated Document should address the recommendations of the Landscape and Visual Impact Assessment.

Fencing should be avoided as much as possible. If required, ensure it is low-scale and if in an area subject to inundation, highly permeable (e.g. post and wire).

The SLO seeks to minimise earthworks and cites a background document Development Guide for Areas of Environmental and Landscape Significance, which suggests a cut/fill ratio of 40/60 to reduce batters. The Surface Water Impact Assessment details the design iterations and notes that cut/fill on this slope has been minimised. The earthworks should comply with the slope and height parameters within the above guideline document. Minimising earthworks and batters will reduce the potential of sediment run-off and erosion.

Manningham City Council and Melbourne Water should be further consulted in preparation of detailed plans. Detailed design needs to ensure minimisation of earthworks and changes to topography.

No details of signage are provided in the draft Master Plan, however the PPRZ is listed as Category 4 ‘Maximum limitation’ under Clause 52.05 ‘Signs’. A planning permit is triggered for business identification signage and must be less than 3m2 per premises. As discussed in the previous section, advertising signage can be controlled as part of the Development Plan stage of the proposal.

Summary

The proposed built form does not align with the setback requirements of the planning provisions, and the lighting towers exceed the height requirements (although this height is considered acceptable). The Incorporated Document should require materials and finishes to be recessive and non-reflective, and lighting to meet the relevant AS/NZS requirements (to avoid light spill), to ensure built form is appropriate to the site.

Built form controls as discussed in the amenity and landscape character impact sections can be implemented through the Incorporated Document.

Detailed design needs to demonstrate compliance with the Manningham earthworks guidelines.

Conditions in the Incorporated Document should ensure that Melbourne Water and Manningham City Council is engaged in the preparation of the design plans.

What is the bushfire risk?

A small part of the Site adjacent to the river is noted as a Bushfire Prone Area. However, no works are proposed in this area. The removal of the dwellings and use as an open sports facility is considered to not increase bushfire risk. Local sports management of events can sufficiently mitigate bushfire risk based on forecast conditions.

Summary

The proposal is not considered a bushfire risk.

Are there any impacts on indigenous and non-indigenous cultural heritage?

The Site does not include any Heritage Overlay. The Site is within the area of potential cultural sensitivity.

A Cultural Heritage Due Diligence Assessment (CHDDA) was undertaken for the Site to identify the potential for cultural sensitivity and the potential for this to be impacted during construction. The CHDDA assessed the proposal against the requirements of the Aboriginal Heritage Act 2006 and recommended that a Mandatory Cultural Heritage Management Plan (CHMP) was not required for the works.

NELP will consult with the Registered Aboriginal Party in the area to ensure any potential impacts to cultural heritage are managed appropriately for this proposal.

Summary

Cultural Heritage management will be further considered by NELP under the Aboriginal Heritage Act 2006 and in direct engagement with the Registered Aboriginal Party.

Conclusion

The above section assesses the components of the land use planning impact. A summary of recommendations is provided while answering the following questions:

1. Is the proposal appropriate as a (sports and recreation) land use?

The proposal’s land use component as considered is at odds with the current zone purposes. However, the appropriateness of the RCZ1 needs to be considered at the same time; its intention is to prevent urban development. This proposal for active recreation space is considered appropriate to the context. Importantly, the proposed land uses align with strategic documents, specifically the Draft Yarra River – Bulleen Land Use Framework Plan. The proposed use of the Site as active recreation and passive open space is appropriate.

2. Are the development impacts appropriate and sufficiently mitigated?

Overall, the proposal (as represented by the draft Masterplan) has mitigated against most of the potential development impacts. Some of the potential impacts of the development need to be mitigated through further detailed design.

The PSA C132mann (via the Incorporated Document) can provide acceptable management of development issues, via conditions requiring:

Detailed plans, reports and assessments

Broad guidelines (e.g. environmental aspects)

Detailed guidelines (such as built form controls)

Utilising further conditions can ensure potential impacts are sufficiently avoided and mitigated (such as earthworks and associated flooding, water-quality and environment impacts, traffic impacts, and visual and landscape character impacts).

The following table of recommendations draws directly from the impact assessment, by theme. The recommendations below include broad principles as well as detailed requirements and secondary consents, which the PSA C132mann will need to address.

The structure of the draft Incorporated Document appropriately seeks to refer to an approved Master Plan, with requirements for a secondary Development Plan to be approved. The Development Plan approval process is also expected to provide further detailed design plans. The Draft Incorporated Document (C132mann) has been iteratively revised and already addresses many of these recommendations:

Table 7 – Recommended considerations the Incorporated Document needs to address

Recommended Considerations

Water quality, hydrology/flood management and earthworks

Detailed design plans need to provide and address:

Earthworks levels (cut/fill)

Hydrological issues (provide flood modelling and demonstrate impact is acceptable, calculations on stormwater and provision for management of water on-site)

The design needs to:

Minimise changes in levels

Incorporate WSUD, including water-re-use and recycling, natural water detention and filtering, etc

Address the guidelines document Development Guide for Areas of Environmental and Landscape Significance (Manningham City Council)

Engagement with Melbourne Water and Manningham City Council is required

Construction Environmental Management Plan

A Construction Environmental Management Plan (or similar plans) needs to be prepared and approved, requiring:

The management of surface water during construction including measures such as maintaining existing flow paths, drainage lines and floodplain storage

The prevention of sediment runoff from earthworks during construction into the Yarra River

The protection of highly sensitive vegetation during construction

Access and traffic management arrangements during construction

The preparation of a Spoil Management Plan (SMP) that defines the processes and measures to manage spoil generated by the site works

Native Vegetation

Detailed design plans need to provide:

The identification and assessment of the proposed removal of native vegetation

A Landscape Concept Plan demonstrating how the proposal avoids, minimises and offsets any native vegetation loss

Prioritisation of locally indigenous planting species to enhance biodiversity

Designation of areas of highly sensitive vegetation and trees to be protected during construction

The approval of native vegetation removal will require lodgement to the Secretary of DELWP (Environment)

Landscape and Visual Amenity

Detailed design plans need to provide and address:

A Landscape Concept Plan

Details of all proposed fencing (avoiding fencing in proximity to the Yarra River)

Demonstrate how built form responds sensitively to the landscape and viewlines (to assess visual impact, plans required will include a full site survey, elevations, materials and finishes, and shadow diagrams)

The design needs to:

Be recessive in the landscape:

Building heights should not exceed 8 metres in height or the height of adjacent mature tree canopies, whichever is the lesser

All materials and finishes should be non-reflective

Traffic

A Traffic Management Plan is required that:

Considers parking demand and provision

Provides design guidance for any intersection upgrade

Engagement with Department of Transport is required

Operating Hours

Operating hour restrictions may be required to avoid or minimise amenity impacts

Waste

A Waste Management Plan for the future operations of the site

Lighting

The development must ensure there is no light-spill to sensitive uses and areas in line with relevant AS/NZS standards (must not impact wetland and waterbody areas, native fauna habitat, and neighbouring residential areas)

Signage

Signage controls and exemptions can be controlled as part of the Development Plan stage of the proposal, and ensure signage is minimised.

The draft Incorporated Document makes the Minister for Planning the Responsible Authority. The secondary consent assessments of the detailed designs and proposal will therefore be conducted by DELWP planning officers.

Conclusion

This report has considered the appropriateness of the Project’s proposed land use and development of the Site (27-59 Templestowe Road, Bulleen)(The Templestowe Road Soccer Facilities).

A draft Master Plan and suite of supporting technical reports have been reviewed as part of this assessment.

The assessment has focused upon two facets:

Is the proposal appropriate as a (sports and recreation) land use?

Are the development impacts appropriate and sufficiently mitigated?

The assessment concludes that the proposed land use is appropriate. The use of the Site for active and passive recreation and open space is consistent with key planning policies, the existing use and physical context of the land, and the strategic future intent of the land. The Site abuts the Yarra River, in an area designated for open space (the Parks Victoria public land is existing open space, the Bulleen Golf Driving Range is subject to a Public Acquisition Overlay for public open space) and biodiversity conservation.

The potential land use and development concerns as outlined in relevant planning provisions have been grouped and considered as key issues and themes. The assessment concludes these impacts can be appropriately mitigated and managed. Key issues of concern encompass impacts upon the Yarra River, water quality, wetlands and flood plains, native vegetation, landscape character, and amenity. The suite of technical assessments prepared to inform the draft Master Plan and draft PSA C123mann provide sufficient support and justification for the Project to be pursued, subject to a range of conditions and future consents.

Having concluded that the proposed land use is appropriate, the report provides a series of development considerations that should be addressed within preparation of C132mann PSA and further detailed design of the Project. Recommendations relate to the range of land use planning impacts, including hydrology, native vegetation, landscape character, amenity and visual impact, traffic and signage.

The PSA C132mann seeks to implement the Templestowe Road Soccer Facilities Incorporated Document, May 2020, via the Specific Controls Overlay and schedule. The Incorporated Document references a Master Plan (to be separately considered by the Minister for Planning for approval) and will condition requirements for further detailed design information, including preparation of a Development Plan to be generally in accordance with the Master Plan.

4 Impact Assessment

URBISLand Use Planning Impact Assessment - TRSF NELP 8 July 2020

URBISLand Use Planning Impact Assessment - TRSF NELP 8 July 2020

Impact Assessment 3

Disclaimer

This report is dated 8 July 2020 and incorporates information and events up to that date only and excludes any information arising, or event occurring, after that date which may affect the validity of Urbis Pty Ltd’s (Urbis) opinion in this report. Urbis is under no obligation in any circumstance to update this report for events occurring after the date of this report. Urbis prepared this report on the instructions, and for the benefit only, of North East Link (Instructing Party) for the purpose of Land Use Planning Impact Assessment (Purpose) and not for any other purpose or use. To the extent permitted by applicable law, Urbis expressly disclaims all liability, whether direct or indirect, to the Instructing Party which relies or purports to rely on this report for any purpose other than the Purpose, and to any other person which relies or purports to rely on this report for any purpose whatsoever (including the Purpose).

In preparing this report, Urbis was required to make judgements which may be affected by unforeseen future events, the likelihood and effects of which are not capable of precise assessment.

Urbis has recorded any data sources used for this report within this report. These data have not been independently verified unless so noted within the report.

All surveys, forecasts, projections and recommendations contained in or associated with this report are made in good faith and on the basis of information supplied to Urbis at the date of this report, and upon which Urbis relied. Achievement of the projections and budgets set out in this report will depend, among other things, on the actions of others over which Urbis has no control.

In preparing this report, Urbis may rely on or refer to documents in a language other than English, which Urbis may arrange to be translated. Urbis is not responsible for the accuracy or completeness of such translations and disclaims any liability for any statement or opinion made in this report being inaccurate or incomplete arising from such translations.

Whilst Urbis has made all reasonable inquiries it believes necessary in preparing this report, it is not responsible for determining the completeness or accuracy of information provided to it. Urbis (including its officers and personnel) is not liable for any errors or omissions, including in information provided by the Instructing Party or another person or upon which Urbis relies, provided that such errors or omissions are not made by Urbis recklessly or in bad faith.

This report has been prepared with due care and diligence by Urbis and the statements and opinions given by Urbis in this report are given in good faith and in the reasonable belief that they are correct and not misleading and taking into account events that could reasonably be expected to be foreseen, subject to the limitations above.

Liability limited by a scheme approved under Professional Standards Legislation.

6 DISCLAIMER

URBISLand Use Planning Impact Assessment - TRSF NELP 8 July 2020

URBISLand Use Planning Impact Assessment - TRSF NELP 8 July 2020

DISCLAIMER 5

Relevant Planning Policies

Planning Policy Framework (PPF)

Clause 11: Settlement

Planning is to respond to the needs of existing and future communities, through provision of open space and recreation. Planning is to prevent siting of incompatible land uses close together.

Clause 12: Environmental and Landscape Values

Planning should help to protect the health of ecological systems and the biodiversity they support and conserve areas with identified environmental and landscape values.

Clause 12.01-1S: Protection of biodiversity

To assist the protection and conservation of Victoria’s biodiversity

Clause 12.01-2S: Native vegetation management

To ensure there is no net loss to biodiversity as a result of removal of native vegetation

Clause 12.03-1S: River corridors, waterways, lakes and wetlands

To protect and enhance river corridors, waterways, lakes and wetlands

Clause 12.03-1R: Yarra River protection

To maintain and enhance the natural landscape character of the Yarra River corridor

Clause 12.05-1S: Environmentally sensitive areas

To protect and conserve environmentally sensitive areas (including the Yarra River)

Clause 13: Environmental Risks and Amenity

Planning should aim to avoid or minimise natural and human-made environmental hazards, environmental degradation and amenity conflicts.

Planning should ensure development and risk mitigation does not detrimentally interfere with important natural processes.

Clause 13.02-1S: Bushfire planning

To strengthen the resilience of settlements and communities to bushfire through risk-based planning that prioritises the protection of human life

Clause 13.03-1S: Floodplain management

To assist the protection of:

· Life, property and community infrastructure from flood hazard.

· The natural flood carrying capacity of rivers, streams and floodways.

· The flood storage function of floodplains and waterways.

· Floodplain areas of environmental significance or of importance to river health.

Clause 13.04-1S: Contaminated and potentially contaminated land

To ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely.

Clause 14: Natural Resource Management

Planning is to assist in the conservation and wise use of natural resources including energy, water, land, stone and minerals to support both environmental quality and sustainable development.

Clause 14.02-1S: Catchment planning and management

To assist the protection and restoration of catchments, water bodies, groundwater, and the marine environment

Clause 14.02-2S: Water quality

To protect water quality

Clause 15: Built Environment and Heritage

Planning is to recognise the role of urban design, building design, heritage and energy and resource efficiency in delivering liveable and sustainable cities, towns and neighbourhoods.

Planning should ensure all land use and development appropriately responds to its surrounding landscape and character, valued built form and cultural context.

Planning should protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value.

Planning should promote development that is environmentally sustainable and should minimise detrimental impacts on the built and natural environment.

Clause 15.01-1S: Urban Design

To create urban environments that are safe, healthy, functional and enjoyable and that contribute to a sense of place and cultural identity.

Clause 15.03-2S: Aboriginal cultural heritage

To ensure the protection and conservation of places of Aboriginal cultural heritage significance

Clause 19: Infrastructure

Planning for development of social and physical infrastructure should enable it to be provided in a way that is efficient, equitable, accessible and timely.

Clause 19.02-6S: Open Space

To establish, manage and improve a diverse and integrated network of public open space that meets the needs of the community

Clause 19.02-6R: Open Space – Metropolitan Melbourne

To strengthen the integrated metropolitan open space network

Clause 19.03-3S: Integrated water management

To sustainably manage water supply, water resources, wastewater, drainage and stormwater through an integrated water management approach

Manningham Local Planning Policy Framework (LPPF)

Key clauses of the LPPF are provided below.