IN THE MATTER OF

THE INQUIRY AND ADVISORY COMMITTEE (“IAC”)

inquiry into the Environmental Effects Statement (EES) and planning scheme amendments proposed

for the Melbourne Metro Rail Project

and

IN THE MATTER OF

THE GRADUATE UNION OF THE UNIVERSITY OF MELBOURNE INCORPORATED

OPENING SUBMISSION ON BEHALF OF THE GRADUATE UNION OF THE MELBOURNE UNIVERSITY INCORPORATED

1. These submissions are made on behalf of the Graduate Union of the University of Melbourne

Incorporated (“the Graduate Union”) which is an incorporated Association under the

Associations Incorporation Reform Act 2012. The Graduate Union is a membership

association of graduates of universities from around the world which has the following mission

statement:

“Mission

The Graduate Union brings together graduates from graduation and through post-graduate study, careers and retirement – in an active international membership network, residential college and meeting place for the socially responsible advancement and application of education.”

2. The principle purpose of the Graduate Union as provided in the Rules of the Association is:

“PURPOSE

The principle purpose of the Graduate Union is the advancement of education for the benefit of the community by:

• providing high quality accommodation in Australia for graduates, in order to promote and foster:

• post-graduate study, research and career development

• learning, collegiality and collaboration between graduates for the benefit of the education, research, and not-for-profit sectors in Australia

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• providing meeting facilities and services in Australia for the academic, research and not-for-profit sectors

• promoting and bringing together graduates through membership, so that educational, professional, cultural and social relations and networks are fostered and maintained, including by way of:

• hosting networking functions, lectures and events in Australia

• hosting and promoting lectures from members and guest lecturers

• publication of a newsletter, magazine, blog or any other form of publication to support, develop and promote academic achievement following graduation

• publication of a newsletter, magazine, blog or any other form of publication to support, develop and promote career development for graduates, and to support, develop and promote business achievements, volunteer work and beneficial work in the community by graduates

• developing a community that otherwise supports and sustains:

• academic, career and social experiences

• lifelong sharing of knowledge and skills

• educational outcomes for the wider public benefit.”

3. The Values of the Graduate Union are as follows:

“Values of our Members

• collegiality

• universal friendship

• lifelong learning

• social conscious and responsibility

• intellectual challenge and contribution

• intercultural and interdisciplinary experiences”

Values of our Association

• responsibility, accountability

• stewardship

• contribution, performance

• professionalism, integrity

• transparency and ethics

• welcome, encouragement

• support, inclusion

• respect for differences

• integration with diversity

• focus on strengths”

3 4. The Graduate Union was established in 1911, with its first Chairman being Colonel (later Sir)

John Monash. Its membership was open to graduates - female and male - of all life stages,

disciplines and ethnicities. In 1919, its Honorary Secretary-Treasurer was one of its founding

members, Robert Gordon Menzies.

5. In 1957, the seven terraces that comprised Gladstone Terrace located on the corner of

Grattan Street, being 234 – 222 Leicester Street were purchased. In 1962, these terraces

were opened as a refurbished residential college. In 1970, a further three terraces from 210 –

214 Leicester Street were purchased through the benefaction of Stella Mary Langford. In

1974, Kidd’s Warehouse at 216 – 220 Leicester Street was purchased. Hence the Graduate

Union controlled the eastern side of Leicester Street from Grattan Street to the now Melbourne

Business School at 208 Leicester Street.

6. As part of its mission and purpose, the Graduate Union established Graduate House within

which it provides a college-style accommodation for graduates as well as meeting facilities

within which to provide the various functions undertaken by the Graduate Union in accordance

with its principle purpose. The gradual re-development of Graduate House is outlined within

the witness statement of Dr. Kerry Bennett, the CEO and Head of College of the Graduate

Union and Graduate House.

7. The Graduate Union has now adopted a master plan, the history of which is recorded in

Dr. Bennett’s witness statement. The first stage of the master plan will see the

re-development of Gladstone Terrace as described within the witness statement of Eli Giannini

of MGS Architects. The development of the plan for the 11-storey upon 5-level basement

building is being developed in conjunction with Trethowan Architecture (Heritage), Tract

Consulting (Planning), MD Cubed (Traffic), and Irwin Consult (Services Engineering).

8. The Graduate Union anticipates lodging an application for planning approval with the City of

Melbourne for Stage 1 of the project very shortly. As the IAC will see from the report from

Daniel Soussan of Tract Consultants the planning merits of the proposal demonstrate that it is

well supported by the State and Local Planning Policy Framework.

4 9. The Graduate Union made a submission to the EES on 4 July (MM100). Page 2 of the

submission contains a photograph showing the extent of Graduate House from

210 - 234 Leicester Street comprising its three elements. The submission emphasised that

the Graduate Union (including Graduate House) is a separate legal entity, an autonomous

business and independent of the University of Melbourne notwithstanding the full name of the

Graduate Union references the University. The Graduate Union jealously retains its autonomy

from the University notwithstanding that the two institutions have a very close and strong

working relationship.

10. The Graduate Union has a staff of 40 and a large Australian and international membership

and many external service providers. The residential college component of Graduate House

provides accommodation for up to 120 residents a night and caters for about 730 residents

each year. In addition, its meeting rooms and facilities provide venues for up to 22,500 people

per annum in the charitable, not-for-profit, university and government sectors.

11. The Annual Report of 2015 – 2016 discloses the Graduate Union’s revenue of $3.2 million

comes largely from accommodation of $1.8 million and catering of $1.2 million. Its expenses

comprise mainly employment, interest, catering, repairs and maintenance, communication and

professional fees. At the end of 2015, it had derived a surplus cash flow of $59,000 and was

holding a total asset position of $28.8 million. As the Graduate Union is a registered charity, it

is not required to pay income tax.

12. The main entrance to Graduate House is off Leicester Street. Car parking and loading

facilities are provided via the laneways to the east of Graduate House as described by

Dr. Bennett. As paragraph 3.4 of the submission highlighted, Leicester Street is essential for

the daily operation of the Graduate Union’s business. On any one day upwards of 500 people

come and go from Graduate House. Their means of access is variously by foot, bicycle,

airport shuttle, local bus or car. Many of the Graduate Union’s members are now retired and

have mobility impairments. The only safe and suitable entry/exit point is on Leicester Street.

5 13. As the IAC will be able to see should it wish to undertake a view of the Graduate House

facilities, residential accommodation is provided on the ground floor of three of its terraces

(230-234 Leicester Street) and on the upper level of the seven terraces overlooking Leicester

Street. Additionally accommodation is provided on all storeys of a central and a southern wing,

both of which face onto Leicester Street. The comfort of residents is of fundamental

importance to the Graduate Union as the residents are almost all involved in post-graduate

learning, teaching or research and when in their rooms require a level of amenity consistent

with the requirements of undertaking serious study.

14. The Graduate Union submission highlighted its concerns under seven headings, namely:

1 Enabling or early works

The concern involved the potential disruption of such works on the business of the

Graduate Union and the need to minimise the impact on access to Graduate House,

interruption to utilities, and impact on emergency evacuation procedures.

2 Dilapidation surveys

Gladstone Terrace is included in the Melbourne Planning Scheme’s Heritage Overlay

within HO1. The Terrace was constructed in the 1870s and is founded on bluestone

footings. The submission was concerned to ensure the construction activity associated

with the Project would not lead to any structural damage caused through vibration

associated with the tunnelling or the construction of the station. In addition, it was

concerned to ensure that pre-emptive remedial works would be put in place should

they be found to be needed and that the Gladstone Terrace be specifically included

within “Heritage Building” in Section 19.12 of the EES, with the notation that the impact

could be “significant”.

3 Construction of the Parkville Station and Tunnels

This concern related to the communication strategy dealing with appropriate

notification of works well in advance and any anticipated disruption to the quiet and

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peaceful enjoyment of residents and users of the meeting/function services provided

by the Graduate Union. It sought an appropriate transport management plan to ensure

that access would continue to be provided within Leicester Street on a 24/7 basis. The

submission also sought “real time” monitoring of noise and vibration that would be

accessible to stakeholders. It sought continued uninterrupted access to Leicester

Street and the avoidance of construction vehicles using Leicester Street particularly

having regard to the amenity impacts of residents overlooking the street in terms of

noise, vibration and emission and dust impacts. It also expressed concern over

ventilation and chiller facilities located in close proximity to Graduate House. It

expressed concern about the prospect of temporary relocation of residents and the

potential for impact on the Graduate Union’s business, and whether compensation

would be payable for any business disruption.

4 Draft planning scheme amendment

This issue involved the clear delineation of the planning scheme instruments’ proposed

impacts on Graduate House through the DDO and the impact of the tunnel construction

on the Stage 1 development of Graduate Union’s master plan.

5 Return works

This issue involved the re-establishment of landscape and responsibility for the same.

6 The Graduate Union’s rights as a Stakeholder

This issue sought to explore the clarification and inclusion of the Graduate Union as

stakeholder and further clarification of dispute resolution should any issues arise.

7 Liability and insurance

The submission sought detail of who would be liable and who would be insured should

any damage arise to the Graduate Union’s property or business.

7 The opening submission on behalf of the MMRA

15. In the Overview of the MMRA’s opening submission, it was put:

“2.8 MMRA submits that the interests of all Victorians are served by the operation of the Project. MMRA also recognises, however, that the interests of some Victorians will be affected during the construction period of the Project. An important function of this EES is accordingly to formulate an appropriate regulatory framework to manage potential construction impacts within acceptable levels. Nonetheless, it is submitted that this is a Project where the overall benefits are so substantial, that significant impacts during construction are to be expected and accepted.

2.9 In this regard, it is appropriate to reflect on the scale of Melbourne and its expectations for growth. World cities experience significant disruption when major infrastructure projects are built. The challenge is to manage the disruption within acceptable limits whilst having regard to the legitimate community expectation that projects of this type and scale should and will be delivered within metropolitan Melbourne …

2.10 Accordingly, in the light of the nature of the submissions received in respect of the EES, MMRA submits that the proper emphasis of this Inquiry is the management framework proposed in respect of the construction period. Therefore, the basic thrust of MMRA’s submissions to the IAC, and the evidence to be called, is premised on the following central propositions:

“…

(c) Third, during some phases of construction the Project will impact on the occupation of land in the vicinity of the works;

(d) Fourth, during some phases of construction, traffic and other modes of transport will be disrupted;

(e) Fifth, the impact during construction will require mitigation and management;

(f) Sixth, the exhibited EPRs as modified through this process will establish an appropriate framework for managing impacts in the context of the overall scale of construction and longer term benefits of the Project; and

(g) Seventh, while it is appropriate to modify the EPRs in some instances in response to submissions, it is also appropriate to consider the importance of delivering the Project in a timely and cost-effective manner.

2.11 It follows from the above principles that the regulatory framework, including the EPRs, is a critical element of this EES assessment. In reviewing the EPRs, MMRA has considered them against the following six principles:

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(a) First, does the EPR properly describe the environmental impact that is to be managed?

(b) Second, does the EPR establish an appropriate benchmark in respect of delivery of the Project?

(c) Third, does the EPR properly provide further preparation and implementation of the appropriate management plans where necessary?

(d) Fourth, does the EPR properly provide for (or sit in a framework which properly provides for) consultation with stakeholders and affected persons?

(e) Fifth, is the EPR sufficiently robust to account for changes from the Concept Design and within the Project Boundary?

(f) Sixth, does the EPR properly acknowledge its relationship with other EPRs?

2.12 By considering the EPRs in this light, the ultimate approval will be well-equipped to deliver the Project within an appropriate environmental decision-making framework. It is the MMRA’s submission that the exhibited Environmental Management Framework is adequate in this context. Equally, MMRA has demonstrated that it is willing to make improvements to the exhibited Framework where appropriate.”

16. The MMRA commenced its case by tendering the IAC Revision – Version 1 Recommended

Environmental Performance Requirements. This Revision has picked up a number of

changes arising from witness conclaves, submissions and witness recommendations.

17. In addition, a number of technical notes have been provided that include explanations for

some of the changes to the Version 1 EPRs.

18. The Graduate Union acknowledges Technical Note 46 that addressed communications and

stakeholder engagement and suggests an amendment to Clause 5.1 of the draft Incorporated

Document. Paragraphs 7 and 8 of the note identifies the Community and Business

Involvement Plan and the Community and Stakeholder Engagement Management Plan

required by each contractor. In addition, paragraph 10 identifies the Parkville Precinct

Reference Group referenced in Technical Note 44. Paragraph 12 observed:

“12. As set out in the EES, MMRA is committed to having an effective and accessible enquiry and complaints management system that enables inquiries and complaints to be addressed in an efficient, fair and timely manner.”

9 19. EPR B2, SC3 and NV4, all require the contractor to develop procedures for managing

complaints. The EPRs do not provide for an appropriate independent adjudication of

complaints should they not be capable of being resolved. This is an obvious omission from

the EPRs, and as highlighted by the EastWest Link Assessment Committee Report at

page 361, needs an explicit process to resolve any matter.

20. Technical Note 44, establishes the Parkville Precinct Reference Group. Attachment “A”

contains the members of that Group which includes the Graduate Union. The Graduate Union

acknowledges its involvement and thanks the MMRA for this acknowledgement which it has

been seeking for some time.

21. Technical Note 45, references EPR B2 which in turn requires a Business Disruption Plan to be

consistent with the Community and Business Involvement Plan of SC3. The Revision 1 EPR

includes:

• “measures for supporting affected businesses during construction in accordance with the Business Support Guidelines for Construction such as marketing and promotion, local activation, way-finding programmes and up-skilling opportunities”

Paragraph 5 of the Note references the draft Guideline which is included as an attachment.

The draft states:

“2 … the Guidelines do not create entitlements for businesses affected by Metro Tunnel construction works …”

Paragraph 6 sets out the support measures. The Appendix also includes implementation

processes. What is noticeable in this and indeed in the Amended B2, is the absence of any

reference to compensation should a business be negatively impacted and which mitigation

works cannot adequately address. This issue was considered by the Assessment Committee

for the EastWest Link Project, specifically in Clause 15.3.4 of its Report. At page 350, the

Committee commented:

“Urban Camp in Precinct 3: Royal Park (Western Portal)

… The Committee agrees that it is unlikely that the business will be able to operate viably and safely during the construction period. The Committee considers that the LMA should be proactive in resolving these matters. Providing fair and reasonable compensation and reasonable costs associated with

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remediation strategies (relocation and/or temporary closure) should be accommodated by the LMA/the Project.”

…

Vision Australia Guide Dogs Centre in Precinct 5: Port Connection

… (at page 352) The Committee considers the Project’s impact on this business will be significant and of such magnitude that, if Part B is constructed in the current alignment through the property, relocation of the facility will be required and compensation will need to be paid accordingly. The costs will be significant …

Findings

… (at page 352) It further recommends that the LMA commence negotiations with Urban Camp to resolve a fair and satisfactory relocation and/or temporary closure strategy and associated fair compensation package, and that it negotiate a fair and comprehensive relocation and compensation package that reflects the needs to relocate the Vision Australia Dog Breeding and Training Facility to an alternative fit for purpose site and facility, as well as funding to make good associated impacts on other related and nearby facilities, if it is determined that the Part B viaduct is a required Project element in its current location, as it encroaches Vision Australia’s Dog Breeding and Training Facility in Barrett Street.”

22. Technical Note 43, provides a draft Residential Impact Mitigation Guideline for Construction

that has been prepared by MMRA. It is suggested that the RIMG outline measures for offering

respite and temporary alternative accommodation to residents. The framework is required to

address in detail the practical implementation measures for residential respite and alternative

accommodation in the defined circumstances. The draft document attached to the Note

contains a purpose which includes:

“These Guidelines do not create entitlements for residents affected by the Metro Tunnel construction works”.

The scope of the Guidelines apply:

“… to residents in properties which are subject to amenity impacts due to the proximity of the Metro Tunnel constructions works.

It goes on:

“These Guidelines do not apply to non-residential receivers (including sensitive receivers, such as schools and hospitals). These receivers are likely to require specifically tailored mitigation measures which will be developed on a case by case basis. Similarly commercial premises are not within the scope of these Guidelines. Mitigation measures to address the impact of the Metro Tunnel construction works on commercial premises will be addressed as part of the strategies developed to assist affected businesses.”

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The mitigation measures set out in 2.3 are described as:

“(a) Respite offer (b) Acoustic treatment (c) Alternative accommodation (d) Earplugs”.

Alternative accommodation notably can only be provided where relevant noise criteria is to be

exceeded for more than two consecutive nights – that is, three or more - whilst building

mitigation acoustic treatment will only be considered if the predicted noise will be exceeded by

30 dB(A) for at least 40 days out of any 6-month period. Relief may be provided where loss of

access occurs or where the cumulative effects on amenity occur and in special circumstances.

The implementation process anticipates the notification timeframes of up to 10 business days.

23. Graduate House provides accommodation for temporary residents. It does so as part of its

business. Therefore based on the above, these Guidelines would appear not to be applicable.

What the mechanism is for a case by case basis, is not defined. It is submitted having regard

to the unique business of graduate residential accommodation provided by the

Graduate Union, that its business of providing quiet and peaceful enjoyment to graduates who

are undertaking study, research and preparation for teaching/supervision needs to be

addressed through an appropriate mechanism and that this should be incorporated into an

appropriate EPR. Whether it be within the business or social and community EPRs can be the

subject of debate, however, it needs to be addressed.

24. The overview of the MMRA opening submission appropriately addresses the importance of the

EPRs within the regulatory framework. Again this issue was clearly identified within the

EastWest Link Assessment Committee Report. The Graduate Union acknowledges that there

is an overall benefit for all Victorians in seeing the Project speedily concluded. However, it is

submitted that the overall benefit for all Victorians should not be at the expense of individual

members of the community in a disproportionate manner. The EPRs need to address

circumstances where individuals will be negatively impacted due to the inability of the

mitigation measures proposed.

12 25. One of those parties is prospectively the Graduate Union. This particularly applies to its

aspiration to proceed with Stage 1 of its master plan. Mr. Steven Payne, a director of the

Bonacci Group, has outlined in his witness statement the engineering issues associated with

the combination of the underground tunnel and station structure with the prospective

development of the Gladstone Terrace.

26. Appended to this opening submission is the Graduate Union’s review of the EPRs as currently

proposed with recommendations for further changes that should be made to accommodate the

issues highlighted by Mr. Payne and the Graduate Union’s submission. At the time of the

preparation of this submission and the Appendix, it is believed the Appendix is prepared based

on the latest information provided by the MMRA. However, due to limitations on the Graduate

Union’s resources, it is not in a position to attend the hearing of the IAC’s Inquiry and

apologises should its Appendix and this submission include reference to matters that have

been addressed to the Committee.

27. The Graduate Union relies upon the evidence to be called on its behalf and commends the

Project subject to appropriate control mechanisms being put in place to address its impacts.

DATED: 2 September 2016.

C.J. WREN AICKIN CHAMBERS iac(graduateunion)1sub.cw

Appendix to Submission in Chief

No. Environmental Performance Requirement Graduate Union EPR and other recommendations Environmental Management Framework

EM1 Develop a program to set out the process and timing for development of an Environmental Management System, Construction Environmental Management Plan (CEMP), Site Environment Implementation Plans, Operations Environmental Management Plan (OEMP) and other plans as required by the Environmental Performance Requirements and as relevant to any stage of the project.

The program must include consultation with Councils, Heritage Victoria, the Roads Corporation, Melbourne Water, Public Transport Victoria, and the Environment Protection Authority and other stakeholders as relevant.

Establish, implement and maintain a client management system (CMS) in which is a representative list of stakeholders.

← Graduate Union (GU) inserted provision

EM2 Prepare and implement an Environmental Management System that is certified to ISO 14001:2015 Environmental Management Systems – requirements with guidance for use for construction and operation. Prepare a Construction Environmental Management Plan (CEMP), Site Environment Implementation Plans, Operations Environmental Management Plan (OEMP) and other plans as required by the Environmental Performance Requirements and as relevant to any stage of the project.

The CEMP should be prepared in accordance with EPA Publication 480, Environmental Guidelines for Major Construction Sites (EPA 1996). Unify the plans to implement a well-coordinated and integrated engagement strategy. Define and include mitigation measures in the Environmental Performance Requirements (EPRs) to ensure that they are binding on contractors.

← Graduate Union (GU) inserted provisions Witness Statement, Timothy Offor, Social Impact Assessment and Social Work Plan, p. 17 ‘The EPRs dealing with stakeholder engagement are currently spread across a number of topics (Social and Community, Business, Noise and Vibration, Ground Movement and Land Stability) and these need to be unified so that there is a well-coordinated engagement process with key stakeholders around each precinct during the formulation of plans that significantly affect them and on an ongoing basis. I have recommended some changes to SC3 for this purpose as well as establishing a consistent referencing of the MMRP Community and Business Involvement Plan across EPRs.’ Agree Witness statement, Timothy Offor, Social Impact Assessment and Social Work Plan, p.15-16 ‘As a matter of practice, I recommend that EPRs carry rather more than less detail as I am not aware that the mitigation measures are binding on contractors where the EPRs would be. More detailed EPRs will also help to instill public confidence in the PPP process.’ Agree

EM3 Appoint an Independent Environmental Auditor (for PPP contract only) to undertake environmental audits of compliance with the approved CEMP, Environmental Performance Requirements and approval conditions.

New TA*

Traffic and Transport Working Group Establish the Traffic and Transport Working Group comprising of relevant road management authorities, relevant councils, public transport providers, major precinct occupants and other relevant agencies as required.

← 018-Recommended-Environmental-Performance-Requirements-Version-1.pdf (018) stemming from the Traffic and Transport Conclave (as per underlined below) with GU insertions. Traffic and Transport Expert Witness Conclave 17th August, 2016 – the following was agreed. - A Traffic and Transport Working Group must be formed which comprises representatives from MMRA, the contractor and relevant authorities including VicRoads, PTV and relevant councils. This working group will define the terms of reference for the development of the Transport Management Plans (TMPs), review the drafts of the TMPs and provide endorsement. Agree

New EPR In accordance with contemporary expectations and governance standards for transparency and accountability, give access to stakeholders of:

monitoring in real-time;

← Graduate Union (GU) inserted EPR Witness statement, Timothy Offor, Social Impact Assessment and Social Work Plan, p 21 in relation to Vibration (construction) baseline assessments ‘… communicate this information to those who are concerned about the veracity of the baseline data.’ and p. 22 ‘ … including a requirement to communicate around the design and results from

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No. Environmental Performance Requirement Graduate Union EPR and other recommendations alerts (e.g. by SMS) if a defined threshold value is reached;

time/date-stamped recorded data;

results from environmental monitoring programs;

simple to understand predictions of impacts; and

risk mitigation measures.

environmental monitoring programs.’ Agree Witness statement, John Heilig, Vibration and Regenerated (Ground-Borne) Noise Annexure C, p 4 of 39 ‘Without significant development, automated transparent reporting via modems capable of displaying of information via web pages is unlikely.’ Disagree

MMRA Technical Note 038 19th August, 2016 in response to an IAC request for more detail about what is proposed with ‘real-time’ monitroing across precincts for designated areas warranting such action – ‘systems that are monitoring movements of a sensitive building … could be automated to take readings from survey target prisms and transmit the information to a computer … programmed to analyse the data, and automatically issue an alert, for example, by SMS to a list of recipients, if a defined threshold value is reached. Real time monitoring can also result in readily available records for review of trends. These systems can be used to measure displacements, tilt, groundwater levels, and even movement across existing cracks … The monitoring results and responsibility for ongoing readings would then be transferred to the contractor.’ Agree

Transport T1 Road Transport (Construction Phase)

Develop and implement a transport management plan(s), including precinct level transport management plans, in consultation with the Traffic and Transport Working Group, and major precinct occupants - including businesses and not-for-profits - - relevant road management authorities and implement the plan to minimise disruption to traffic, car parking, pedestrian and bicycle movements during construction, including but not limited to:

• …

• Provision of arrangements for access and parking for mobility-impaired drivers and passengers.

• Monitoring of all modes of transport must be undertaken throughout the construction period. If adverse impacts occur due to network changes, mitigating measures are to be developed and implemented.

• The TTWG will oversee the delivery of a monitoring methodology.

• Monitoring of all modes of transport is continuous and the data is made accessible to the stakeholders in real time, as well as for the purposes of post-hoc and predictive analysis.

• Outcomes of the monitoring and proposed mitigations must be endorsed by the TTWG.

Key affected stakeholders (including local businesses, not-for-profits, health service providers residential accommodation facilities and educational institutions as appropriate) must be identified (with independent audits of stakeholder lists to ensure currency and appropriate decision-making representation) and consulted where appropriate to provide input on areas of concern, to be informed of expected impacts and to provide feedback on the TMPs and any relevant management measures. The traffic management plans must be informed and supported by an appropriate level of transport modelling, as agreed with the TTWG, which demonstrates the

← 018-Recommended-Environmental-Performance-Requirements-Version-1.pdf (018) with Timothy Offor’s recommendation, the 17th August conclave (underlined) and GU insertions. Traffic and Transport Expert Witness Conclave 17th August. At this conclave, Shaun Smedley commented [and Richard Smithers of City of Melbourne agreed]: I agree with the EPR, but do not agree to the inclusion of specific and named stakeholders as I believe it appropriate for the TTWG to determine those affected. They will be informed by the submissions to the EES and a greater understanding of the likely impacts as designs, construction methods and other matters are further refined. The relevant authorities already need to comply with the Transport Integration Act 2010, which in itself outlines the principle of stakeholder engagement and community participation. In my opinion it is not appropriate to identify a select small group of affected parties. Agree Witness Statement Shaun Smedley page 18 ‘I believe it is appropriate to highlight the need for these traffic management plans to not only consider the road users but also the adjacent residential areas’ Page 19. ‘… a key concern … was the potential impact to residential streets … The transport management plans should be monitored and if they are not meeting the intent or if there is unexpected/significant congestion then further mitigations should be provided.’ p.20. ‘Bus routes 401 and 402 are significantly impacted by the works. The current EPRs only look for suitable diversions. I believe further work is needed to improve the network to mitigate the expected delay to these services.’ Agree Witness Statement, Timothy Offor, Social Impact Assessment and Social Work Plan, p.20 ‘I recommend inclusion of an additional point in the Traffic EPR T1 “Road Transport (Construction Phase)” to specifically address traffic management measures to protect residential amenity in local streets’ … ‘the plan being developed “in consultation with …” should be expanded to include other precinct stakeholders with a significant interest in traffic and parking changes …’ Agree Witness statement, Timothy Offor, Social Impact Assessment and Social Work Plan. p.5 ‘EPRs relating to pedestrian and vehicle access should include reference to people with special accessibility needs.’ and p.14 ‘Similarly, a point should be added regarding maintaining availability of parking and set-down places for mobility-impaired people and other vulnerable groups.’ Agree. Witness statement, Shaun Smedley, Transport Impact Assessment Report (TIAR) has acknowledged submission MM100 and not acknowledged operational requirements for a residential and meeting/function services facility. Mr Smedley’s focus is on access by students to the University of Melbourne through Leicester Street rather than on ‘quiet enjoyment’ requirements of residents and meeting/function delegates. MMR-AJM-PWAA-RP-NN-000815 Transport Impact Assessment Figure 8-8

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No. Environmental Performance Requirement Graduate Union EPR and other recommendations expected transport performance. The transport management plan should be prepared initially for each precinct to reflect the specific stakeholder uses and access requirements by all transport modes for the precinct, and coordinated to provide an overall TMP for the project. The Transport Management Plans must be developed and endorsed by the TTWG with a sufficient notice period for communication to stakeholders prior to any construction commencement. A Precinct level Transport Management Plan is required to include such (but not limited to) detail as:

• Truck routes and anticipated numbers and types of trucks for each hour of the day

• Truck line-up (queue) sites

• Safety measures for routes shared by pedestrians, bicycles, people getting on and off public transport and those with mobility impairments

• Mitigation measures in relation to access for routine services and deliveries, braking and engine noise, construction vehicle dust, noise and exhaust fumes, disturbance to ‘quiet enjoyment’ by residents’ and meeting services, blocking of emergency exit points, etc.

The Transport Management Plans need to consider all appropriate stages of construction and any change to site access as a result.

Remove Leicester Street from the Proposed Construction Traffic Routes for the Parkville station precinct. Witness Statement, Dave Anderson, Noise and Vibration Impact Assessment (NVIA). p.4-4.2 ‘… that truck routes are selected with due consideration for sensitive receivers; and that operational procedures are put in place to minimize truck noise’ Agree

T3 Active Transport (Construction Phase) • Develop and implement transport management measures in consultation with

relevant authorities for cyclists and pedestrians to maintain connectivity throughout construction for road and shared path users including (but not limited to): JJ Holland Park, South Kensington station, Laurens Street, Grattan Street (including Graduate House and Melbourne University facilities), Franklin Street (including RMIT facilities), Swanston Street, Flinders Street, St Kilda Road, Domain Road, Domain Parklands, Albert Road, Toorak Road, Fawkner Park, Osborne Street, William Street and Chapel Street

• Implement active control at construction work site access points to maintain safety by avoiding potential conflicts between trucks, pedestrians and cyclists

• In consultation with the City of Melbourne, provide suitable routes for cyclists and pedestrians throughout construction to and maintain connectivity for road and shared path users around JJ Holland Park and South Kensington station.

• Develop and give support for the implementation of emergency evacuation procedures and unimpeded access by evacuees to assembly points.

Construction routes should give specific consideration to residential amenity and safety concerns and look to minimise haulage and idling truck queuing along residential streets, including those with residential facilities, especially for night time haulage, where possible. Direct routes should be used where possible to limit the

← Conclave agreed insertions (underlined) as well as those from Witness Offor (page 28) and GU insertions

Witness statement, Owen Boushel, p.11 has recommended inclusion in brackets (including Melbourne University Facilities) justifying this on page 10 ‘to highlight the importance of engaging with Melbourne University in traffic managemnet plannign to minimise impacts on existing operations.’ It is acknowledged that this is a ‘not limited to’ list. Traffic and Transport Expert Witness Conclave 17th August – the underlined sections were agreed.

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No. Environmental Performance Requirement Graduate Union EPR and other recommendations amount of accelerating and braking of heavy vehicles in residential areas.

Local roads should be avoided where possible and should not be used as an alternative to arterial roads.

Greenhouse Gas G1 Develop and implement a Sustainability Management Plan to meet, as a

minimum, the Melbourne Metro sustainability targets, including achieving the specified ratings under the Infrastructure Sustainability Council of Australia’s Infrastructure Sustainability Rating Tool and the Green Star Design and As Built Melbourne Metro Rail Tool. The Sustainability Management Plan is to be developed in consultation with relevant stakeholders and to include clear objectives on what is to be achieved and how conflicts are to be resolved.

← Graduate Union (GU) inserted provision

Witness Statement, Timothy Offor, p.21 ‘The EPRs provide little guidance on how the detailed project design process is informed by environmental and social constraints, and how such conflicts are to be resolved.’ and ‘A project-wide sustainability framework … EPR G1 requires that a Sustainability Management Plan (SMP) be developed … establishing …”avoid, minimise, offset” policy commitment as a guiding principle for helping to resolve such conflicts.’

Land Use and Planning LU4 Prior to the development of the detailed design of all permanent structures,

define accurately the project zone and prepare and implement strategies in accordance with the Melbourne Metro Urban Design Strategy and relevant planning schemes that cover:

• Community identity and cultural strategy • Wayfinding, signage and advertising The strategies must be developed in consultation with relevant local councils and land managers.

← GU insertions

Witness statement, Robert Milner, Land Use Planning, p 35 - notes that ‘project land’ and ‘DDO land’ differ. Plus Make consistent the terminology relating to the project zone, clarifying the difference with

accurately current-day labelled maps for the following: (a) Project land maps; (b) Design and Development Overlay; and (c) ‘Zone of Potential Influence’

Business New EPR

Prepare a list of non-acquired businesses (including not-for-profits) and have this independently audited against titles, business, association, charity and not-for-profit registers, Council rate payers, as well as (as appropriate) with the governing bodies and executives of each to ensure that engagement is with the appropriate decision-makers.

← Graduate Union (GU) inserted EPR Currently there is a management measure listed against B2 which reads: Conduct an audit of all businesses within the project boundary prior to commencing to understand their business operations, size and ownership structure.

B2 Prepare a business disruption plan consistent with a Community and Business Involvement Plan (SC3) to manage impacts to non-acquired businesses, commercial and not for profit property owners and to engage with business (including not-for-profit organisations), property owners and the community throughout construction. The plan shall outline the stakeholder engagement measures for each precinct and shall include:

• Timely information on key project milestone and on the pre-construction mitigation measures proposed for identified predicted ‘adverse comment’ and business disruption

• Changes to traffic and parking conditions and duration of impact • A project construction schedule developed in coordination with transport

authorities and local councils and in consultation with businesses (including

← 018-Recommended-Environmental-Performance-Requirements-Version-1.pdf (018) and GU insertions.

Witness statement, Timothy Offor, Social Matters, p.46 ‘… the Project Description is not currently detailed enough … to fully understand the potential impacts on their businesses … creating uncertainty for business and impacting on their operations and investment decisions’ Agree

Witness Statement, Terry Rawnsley. Business Impact 3.1 – 81 ‘With the current EPRs there is a risk that the impacts at these highly affected locations [while some streets with food, beverage and accommodation providers are listed, Leicester St is not amongst these] will not be adequately managed. Additional detail on how to manage this impact should be provided in the EPRs. Please see Table 2 for more detail of proposed changes to the EPRs.’ Agree Plus If the recommendation of Witness Terry Rawnsley to amend this EPR is adopted, add GU

provision as below:

• Establish consultation group including all major health care, education, student accommodation

17

No. Environmental Performance Requirement Graduate Union EPR and other recommendations not-for-profit organisations) to minimise cumulative impacts of this and other projects

• Plans for notifying customers of proposed changes to business operations, including the setting of suitable timeframes for notification prior to commencement of works

• Measures to ensure access to businesses is maintained for customers, delivery and waste removal unless there has been prior engagement with affected businesses (including mutually agreed mitigation measures as required). This could include the installation of directional and business signage to assist customers and agreed protocols for engaging with service providers (i.e. deliveries, collections, etc)

• Processes for registering and management of complaints from affected businesses.

• Approaches for measuring and monitoring ‘engagement’ and for making this engagement transparent and accountable, with appropriate governance and appointment processes for decision-making in each precinct.

• Measures for supporting affected businesses during construction in accordance with the Business Support Guidelines for Construction such as marketing and promotion, local activation, way-finding programs and upskilling opportunities.

• Measures for ensuring adequate and timely compensation are provided to affected businesses that will be affected by the Project, including for independent adjudication in the event of disagreement about the level of compensation.

and research institutions to meet at regular intervals as jointly agreed.

• Make clear the governance, composition, appointment process and differentiated terms of reference and reporting lines for the Parkville Precinct Reference Group and the Parkville Leadership Group.

Witness statement, Terry Rawnsley, Business Impact. ‘It should be noted that the Parkville Reference Group has already had its first meeting.’ MMRA Technical Note 044 19th August - outline of the Parkville Precinct Reference Group [PPRG].

Plus Technical Note G Business Impact Assessment – include in:

Glossary and Abbreviations – the term ‘Business’ and in its definition the words ‘including charitable and other not-for-profit organisations’.

Table 10 (page 31) – consequence criteria for charitable and other not-for-profit organisations, including education.

Table 46 (page 119) – data for The Graduate Union (and Graduate House) in the ‘education and training’, ‘accommodation’ and ‘food and beverage services’.

the maps for Graduate House from 210 to 234 Leicester St (goes to the corner with Grattan St) in: FIGURE 36. TOTAL BUSINESSES, an orange ‘1’; FIGURE 36. FOOD and ACCOMMODATION BUSINESSES a green ‘1’; FIGURE 38. HEALTH and EDUCATION BUSINESSES a blue ‘1’;

Table 47 (page 126) – as an ‘Issue’ ‘decreased quiet enjoyment of college residential, study and meeting facilities’; Page 132 - a detailed assessment of cumulative impacts.

New EPRs

According to agreed criteria for demonstration of impact: Provide assistance to food and retail businesses that can demonstrate that they have been impacted by the project. Provide assistance to education and research institutions that can demonstrate that they have been impacted by the project. Provide assistance to accommodation businesses that can demonstrate that they have been impacted by the project. Provide assistance to owners that can demonstrate that their rental income has been impacted by the project. Provide assistance to hospitals, councils, education and research institutions that can demonstrate a substantive an impact (not covered by other EPRs) from the project via additional workload and costs. For example: additional street cleaning; increased cost of waste collection; additional staff to manage interaction with MMRA and contractor; additional promotion of events; additional compliance requirements (fire safety education and training, food and

beverage safety, mental and physical health safety).

← new EPRs recommended by Witness Rawnsley and GU insertions

Plus Include the following (generally less expensive) non-relocation options as proposed

management measures to these EPRs for each of the following business/not-for-profit types: Food – (to counter airborne particulates) (a) door and window gap filling measures; (b) provision of cloches; (c) financial assistance for the extra cleaning to maintain food safety and hygiene conditions (e.g., of surfaces, windows, cutlery, crockery, glass ware). Education – (a) sound proofing of affected rooms; (b) provision of face masks; (c) financial assistance for the delivery of lectures through head phones; (d) financial assistance for the extra cleaning of meeting rooms. Accommodation – (a) sound proofing of affected rooms, particularly of the doors/walls/windows facing major construction and operational areas; (b) provision of face masks (dust and exhausts); (c) provision of eye masks (lighting); (d) provision of ear plugs (noise); (e) financial assistance for the extra cleaning of residential accommodation rooms, walls, windows, linen, etc.

Rental income – (a) providing equivalent revenue for those cases relocation to an equivalent type and location residential facility is not possible [e.g. a postgraduate residential college within walking distance of the University].

18

No. Environmental Performance Requirement Graduate Union EPR and other recommendations Where the program allows maintain telecommunications network and power supply for office based and other businesses, including university study and research facilities, operating outside of non-standard hours that could be impcated by the project.

Witness statement, Terry Rawnsley, Business Impact. Table 2. Proposed new environmental performance requirements p.48-49

Social and Community SC2 Prior to main works or shaft construction in areas affected, develop a relocation

management framework that responds to the Residential Impact Mitigation Guidelines to ensure allows for a uniform approach across the project for the voluntary (temporary) relocation of households and residential facility tenants, as well as for non-relocation mitigation measures subject to:

• Construction activities likely to unduly affect their amenity (e.g. out of hours works or sustained loss of amenity during the day for shift workers)

• Loss of access.

← 018-Recommended-Environmental-Performance-Requirements-Version-1.pdf (018) and GU insertions

as per witness Dave Anderson’s recommendation and The GU’s to include a further provision in this EPR: implement procedures for relocation and for non-relocation mitigation and respite measures, according to Residential Impact Management Guidelines and in consultation with stakeholders where construction activities are likely to unduly affect their amenity.

Witness Statement, Dave Anderson, Noise and Vibration Impact Assessment, p.5 - 4.3, Procedures for Respite and Temporary Relocation. ‘EPR SC2 requires the development of a relocation management framework for households affected by construction of the project. Following the publication of the EES, MMRA has provided me with a working draft of Residential Impact Management Guidelines for Construction (RIMG). This draft guideline outlines the way additional noise and vibration mitigation measures could be considered, selected and applied at residential receivers affected by the construction stage of the project. I support the approach set out in the draft guidelines because it provides: clarity about the way respite and temporary relocation would be managed; a hierarchy of measures based on the duration and level of noise impact; consideration of acoustic treatment to homes, as well as respite and relocation.’

Plus in the Residential Impact Management Guidelines – include the following: (Page 1.) These Guidelines apply to residents in properties, including not-for-profit residential facilities such as Graduate House, which are subject to amenity impacts due to the proximity of the Metro Tunnel construction works. (Page 2) (b) Acoustic treatment – residents subject to significant periods of airborne and regenerated (ground borne) noise expected to exceed the applicable criteria for ‘off-site’ mitigation as described below may be offered improved window glazing or other appropriate acoustic treatment. Page (3) 3.1 Based on the predicted and actual airborne noise level …. Page 4. … above the Background Noise Level must be predicted externally or internally, or experienced internally, at the resident’s location … (Page 5) … are predicted to be exceeded, or are exceeded, for more than 2 one (1) consecutive nights. (Page 5) As per sections 3.1 and 3.2, include a table to outline the vibration migration measures (in addition to regenerated [ground borne] measures) based on the predicted and actual vibration levels. (Page 6 3.4 first dot point) … in relation to airborne noise, regenerated (ground borne) noise and vibration, based on ... (page 8. 2.1) Contractors will undertake monitoring throughout the construction of the Metro Tunnel, providing the results of their predictive modelling, as well as alerts to affected stakeholders, and real-time visualisation of the monitored data together with access to time and date stamped

19

No. Environmental Performance Requirement Graduate Union EPR and other recommendations data for the purposes of post-hoc and predictive analysis … (page 8 2.2) add Where the MMRA reviews the decision and deems a resident or not-for-profit residential facility ineligible for respite or alternative accommodation under these Guidelines, the resident may request an independent review. Plus Following the undertaking of an analysis of the ‘impact on amenity’ on Graduate House and

The Graduate Union of The University of Melbourne include the results in Section 11.5 of the Melbourne Rail Project: Business Impact Assessment.

SC3 Prior to main works or shaft construction, develop and implement a Community and Business Involvement Plan to engage potentially affected stakeholders and advise them of the planned construction activities and project progress. This plan should integrate all project activities that potentially impact on community and business operations and provide for a well- coordinated communication and engagement process. The plan must include: • Safety measures • Measures to minimise impacts to the development and/or operation of existing

facilities

• Measures for providing advance notice of significant milestones, changed traffic conditions, changed access and parking conditions, periods of predicted high noise and vibration activities

• Measures for communicating the design and results from environmental monitoring programs (e.g. vibration, noise, dust, ground movement).

• Measures to provide to potentially affected stakeholders predicted modelling and real-time monitoring of airborne noise, regenerated (ground borne) noise and vibration, as well as access to time and date stamped data for the purposes of post-hoc and predictive analysis.

• Process for registering and managingement of complaints through a project-wide grievance management process, incorporating a best-practice grievance triaging system with recourse to independent arbitration where negotiated outcomes fail.

• Measures to address any other matters which are of concern or interest to them.

• Clarification of the delegations of authority, and of the roles and responsibilities, for the resolution of concerns, disagreements and disputes between each stakeholder and the PPP contractor

• Clarification of the powers held by each stakeholder to address corrective actions;

• Clarification of the processes for immediate corrective action in the event of a PPP action that is clearly in breach of the environmental performance requirements.

The plan would consider each precinct and station location in detail. Stakeholders to be considered in the plan include (but are not limited to): • Municipalities • Potentially affected residents including those in residential colleges • Potentially affected businesses including those that are not-for-profit businesses

← 018-Recommended-Environmental-Performance-Requirements-Version-1.pdf (018) and GU insertions Plus Greater definition – e.g. with explanatory words in brackets – of ‘to the development’ in the

second dot point. Witness Statement, Timothy Offor, Social Impact Assessment and Social Work Plan p. 6. ‘In addition to effective … mitigation, concerns about … impacts can be best addressed through establishing confidence in the independence and veracity of the … monitoring and grievance management processes.’ p.11 ‘… complaint management procedures … should be through a project-wide grievance management process, incorporating a best-practice grievance triaging system with recourse to independent mediation where negotiated outcomes fail. Refer to EPR SC3 for my recommended changes’. p.18. ‘The MMRP Community and Business Involvement Plan (SC3) should include community engagement over issues such as safety.’ p.19. ‘Many of the recommended changes to the EPRs will contribute positively to addressing the level of stress and anxiety caused by the project. Most important will be the responsiveness of the communication and grievance management processes within SC3 and the effectiveness of the mitigation measures.’ Agree Boushel [p 10] recommended inclusion of Melbourne Grammar School reasoning [p 9] that this organisation is ‘directly interfacing with construction activities’.

20

No. Environmental Performance Requirement Graduate Union EPR and other recommendations • Recreation, sporting and community groups and facilities • Royal Melbourne Hospital, Victorian Comprehensive Cancer Centre, Peter

Doherty Institute and other health and medical facilities • The University of Melbourne • The Graduate Union of The University of Melbourne (including Graduate House) • RMIT • Melbourne Grammar • Fawkner Park Children’s Centre and Kindergarten • South Yarra Senior Citizens Centre • Other public facilities in proximity.

SC7 In consultation with key stakeholders and in accordance with the Melbourne Metro Urban Design Strategy, relevant statutory approvals and other relevant requirements, develop a staged schedule of tree planting, reinstatement and replacement (during and following construction) and re-establish sites impacted by construction works, including (but not limited to):

← GU insertion Witness Statement, John Patrick, Arboriculture, p.10 in acknowledging MM100 with focus on post-construction.

Air Quality AQ1 Establish a Community Liaison Committee to oversee dust and air quality

management during the construction period. Develop and implement plan(s) for dust, including respirable crystalline silica (RCS), and construction vehicle exhaust management and monitoring, in consultation with EPA and likely-affected stakeholders (discrete receptors with close proximity to construction sites), to minimise and monitor the impact of construction dust and construction vehicle exhaust fumes. The plan must address monitoring requirements for key sensitive receptors, including (but not limited) to: • Residential, not-for-profit and commercial properties

• Hospitals, education and research facilities within the Parkville precinct • Universities, including The University of Melbourne and RMIT, and supporting

organisations (e.g., residential colleges) • Schools, including Melbourne Grammar School (Wadhurst Campus) and

Christ Church Grammar School • Public parks including the Shrine of Remembrance Reserve, University

Square and JJ Holland Reserve. Undertake air modelling for construction to inform the dust management plan.

Undertake air modelling for construction to inform the dust management plan. The plan must: • Describe the measures that would be implemented to ensure compliance with air

quality criteria. These measures should include but not be limited to watering of haul routes as required, restricting on-site vehicle speeds, non-queuing of idling trucks beside sensitive receptors, truck exhaust emission controls, clearly marked

← Air Quality Conclave agreed insertions (underlined) and GU insertions Conclave of air quality experts, Shane Lakmaker, agreed additional text recommendation as underlined left below dot points – noting ‘fall well short’ comment by conclave contributor Terry Bellair ‘where construction activities will occur for a prolonged period in very close proximity to residents and Melbourne Grammar.’

Plus Technical Appendix H - Air Quality – as per witness Bellair from August conclave and GU words Undertake robust air quality modelling for the Parkville Precinct and include: (as per current tables 4-7 to 4-12) Summary Tables of Peak and Annual Emission Estimates; All potentially significant sources of particulates Potential Respirable Crystalline Silica (RCS) emissions Predict contaminant concentrations at discrete sensitive receptors Predict ‘worst case’ scenarios for discrete sensitive receptors Include an evaluation of the effectiveness of measures to avoid and minimise environmental effects and related risks. Submission No. 373 recommends air quality modelling be conducted for the Parkville Precinct. Agree

Technical Appendix H Air Quality - Parkville Station has [Table 4-4. p.16] 48 months of 50 daily truck round trips and [Table 4-5. p.17] a spoil generation period of 15 months and ~ 299,100m3 spoil volume.

21

No. Environmental Performance Requirement Graduate Union EPR and other recommendations haul routes, water sprays on stockpiles as requires, minimising drop disturbances when loading stockpiles, wind breaks, and modification of activities in response to adverse weather conditions.

• Describe the proposed air quality management system.

new EPR (Design)

Include for any point sources (such as ventilation air discharges) the design criteria from Schedule A of State Environmental Planning Policy (Air Quality Management) as follows:

PM10 – 80µg/m3 (1-hour average)

PM2.5 – 50µg/m3 (1-hour average)

RCS (as PM2.5) – 0.33 µg/m3 (3-minute average)

← Air Quality Conclave agreed insertions (underlined)

Conclave of air quality experts, Terry Bellair notes ‘While emissions from underground ventilation exhausts can be expected to represent a small proportion of overall dust emissions … they may have a significant impact if located close to sensitive uses (such as apartments)’. Agree

Noise and Vibration NV3

(see also NV14)

Appoint an acoustic and vibration consultant to predict construction noise and vibration (through modelling) and update the modelling to reflect current construction methodology, site conditions and specific equipment noise and vibration levels (this will require noise and vibration measurements). The model would be used to determine appropriate mitigation to achieve the Environmental Performance Requirements. The acoustic and vibration consultant must be engaged and managed through a transparent process that can establish and maintain public trust to the independence and quality of their work. Monitoring of noise (airborne and regenerated [ground borne]) and vibration is continuous and the data is made accessible to the stakeholders in real time (e.g. on-line), as well as for the purposes of post-hoc and predictive analysis. The acoustic and vibration consultant will also be required to undertake noise and vibration monitoring to assess levels with respect to Guideline Targets specified in the Environmental Performance Requirements. Where monitoring indicates exceedances of Guideline Targets, apply appropriate management measures as a soon as possible. The modelling undertaken by the acoustic and vibration consultant will show the number of ‘affected property days’ over the total alignment and for sensitive receptors (individual stakeholders) within the Zone of Potential Influence:

for which exceedance of the human comfort Guideline Targets for vibration and regenerated noise occur, the latter showing noise values either side of the ‘Guideline Target’ values, such as 40dBA, 45dBA and 50dBA;

and the project impacts in terms of number of properties, duration of perceptible vibration, audibility of noise and potential for relocation.

← Witnesses Offor’s and Heilig’s recommendations and GU insertions Witness statement, Timothy Offor, Social Impact Assessment and Social Work Plan. p.11 ‘Appoint an acoustic and vibration consultant … would benefit from some additional description of the manner of appointment and reporting requirements … Unless monitoring is managed transparently it will be contested and subsequently of limited value from a social impact perspective. This applies to any form of monitoring that potentially relates to social impact (e.g. noise, vibration, property condition, air quality)’. Agree. Witness statement, Dave Anderson, Noise and Vibration Impact Assessment (NVIA). p3-4.2 ‘The majority of the airborne noise impacts from the construction of the project are impacted at the worksites for each of the proposed stations’. and ‘For the affected receivers, each of these sites could be considered as a significant construction project in its own right.’ Agree. Witness Statement, Stephen Payne for The GU: The vibrations experienced by the heritage listed terrace houses, we believe, will exceed the long and short term vibration limits, particularly when the TBM begins demolition of the eastern retaining wall of the station … we note that the EES document does not provide any remediation works process, should vibration induced movements and consequential structural damage occur to adjoining building assets.) The vibrations caused by the tunnelling, excavation and construction traffic are likely to significantly exceed the long and short term vibration limits of 2.5 mm/s and 3 mm/s. How does the MMRA plan to minimise these construction limits, particularly when the TBM begins demolition of the eastern retaining wall of the station? The MMRA undertook preliminary tests of noise and vibration inside and external to Graduate House, presenting part results (28th July) for only the second floor (terrace balcony) external airborne noise measurements – these being as follows: Day: 68dLAeq (average) to 83 dLAmax (maximum instantaneous noise level measured in a period) Evening: 64dLAeq (average) to 79 dLAmax (max) Night: 58dLAeq (average) to 73 dLAmax (max) Results for internal noise and vibration measurements for the ground and first floor terraces, were not yet available and predicted impacts were relayed: (for target) Ground-borne noise 35 dB(A) at night - exceedance (at least 10dB above) – during tunnelling of 10m/day

22

No. Environmental Performance Requirement Graduate Union EPR and other recommendations (1-2 week duration for each tunnel – likely to be a month or so apart – a month in total).

(for target) Vibration VDV 0.2m/s1.75 (day) 0.1m/s1.75 (night). Adverse comment probable (at 234 Leicester in particular) with tunnelling. Low probability with station construction.

New NVA*

Establish a Parkville Precinct Reference Group comprising of relevant government agencies including MMRA, PTV, VicRoads, The Victorian Department of Health and Human Services, Ambulance Victoria, Yarra Trams, and key institutions in the Parkville Precinct.

← 018-Recommended-Environmental-Performance-Requirements-Version-1.pdf (018) and GU insertion

New NVB*

Construction Noise and Vibration Management Plan Develop and implement a Construction Noise and Vibration Management Plan (“CNVMP”) in consultation with EPA Victoria and the relevant councils. The CNVMP must be informed by the modelling undertaken by the acoustic and vibration consultant in accordance with NV3 and must include (but not be limited to):- General

(17) identification of sensitive receivers along Melbourne Metro’s alignment; (18) details of construction activities and an indicative schedule for construction

works, including the identification of key noise and/or vibration generating construction activities (based on representative construction scenarios, including at ancillary facilities) that have the potential to generate noise and/or vibration impacts on surrounding sensitive receivers.

Airborne Noise (19) identification of reasonable and practicable measures to be

implemented to manage construction noise impacts in accordance with: (i) EPA Publication 1254 Noise Control Guidelines as specified in NV1, and (ii) the airborne construction noise guideline targets (internal) specified in NV5

(20) any management actions to be implemented if predicted noise levels exceed, for an extended period of time, the guideline targets specified in NV1 or NV5;

(21) any measures to be implemented in accordance with the MMRA Residential Impact Mitigation Guidelines

Vibration: Structures (22) a description of the condition of all above- and below-ground utility

assets assessed in accordance with NV7 (23) identification of reasonable and practicable measures to be

implemented to manage construction vibration impacts in accordance with the: (i) vibration guideline targets for structures specified in NV6

← Witnesses Offor’s and Heilig’s recommendations and GU insertions

Witness statement, Timothy Offor, Social Matters, p 31 ‘I recommend that this be expanded to at least deal with how respite and relocation will be managed.’ Agree

Witness Statement, Paul Heilig, Vibration and Regenerated Noise. p. 5 ‘I am comfortable with the EPRs being expressed as Guideline Targets on the basis that the monitoring and mitigation measures are fully addressed in the CNVMP [Construction Noise and Vibration Management Plan]. The plan should discuss in detail the processes that will be followed when the target values are approached.’ p.8 ‘Relocation of commercial tenants is typically viewed as cost prohibitive … Relocation generally only occurs as a result of night-based construction activities causing sleep deprivation. These effects are eliminated with most commercial properties, aside from motels, hostels or hospitals and the like.’ p.10 of 39 in Annexure c (previous draft) ‘All key commercial buildings where the possibility of relocation as a mitigation option cannot be implemented should be considered as a risk to the project deliverables. Motels where quiet evening environments are expected should be identified and the impacts assessed.’ p.13 ‘It is my recommendation that the CNVMP includes a section that specifically addresses key infrastructure and identifies the expected vibration levels and the timing of these activities’. p.17 ‘The outcomes of the modelling should be conveyed to potentially affected persons …. ‘Whilst standard practice by construction companies includes the development of these plans, it is noted that there is no requirements for these documents in the EPRs … I recommend … the EPRs include a condition for the CNVMP and its minimum requirements.’

23

No. Environmental Performance Requirement Graduate Union EPR and other recommendations (ii) construction vibration limits for above and below ground utility assets determined in accordance with NV7 (iii) vibration guideline targets for underground infrastructure specified in, or as otherwise determined in accordance with NV8

(24) any management actions to be implemented if predicted vibration levels exceed, for an extended period of time, the guideline targets specified in NV6, NV7, or NV8

(25) specific heritage measures where relevant in accordance with CH2.

Vibration and Ground-borne Noise: Human Comfort (26) identification of reasonable and practicable measures to be

implemented to manage construction vibration and ground-borne noise impacts in accordance with the: (i) vibration dose values for human comfort specified in NV9 (which may

be expressed as peak particle velocity rates for the purposes of the CVNMP)

(ii) ground-borne (internal) noise guideline targets for amenity specified in NV11

(27) any management actions to be implemented if predicted vibration or ground-borne noise levels exceed, for an extended period of time, the guideline targets identified in NV9 or NV11

(28) any measures to be implemented in accordance with the Residential Impact Mitigation Guidelines

Vibration and Ground-borne Noise: Sensitive Equipment and Bio-resources

(29) identification of reasonable and practicable measures, to be determined following consultation with the Parkville Reference Group, to be implemented to manage construction vibration and ground-borne noise impacts in accordance with the:

(i) vibration sensitive equipment guidelines specified in, or as otherwise determined in accordance with NV10 (ii) bio-resource guideline targets specified in, or as otherwise determined in accordance with NV13

(30) any management actions to be implemented if predicted vibration or ground-borne noise levels exceed, for an extended period of time, the guideline targets identified in NV10 or NV13

Blasting (31) if blasting is proposed, an assessment of the potential noise and vibration

impacts associated with blasting activities, and the identification of measures to ensure compliance with Australian Standard AS2187.2-2006 as specified in NV12

24

No. Environmental Performance Requirement Graduate Union EPR and other recommendations any measures to be implemented in accordance with the Residential Impact Mitigation Guidelines Community Consultation

(32) details of all community consultation measures to be implemented in accordance with NV4 and SC2 including:

(i) any precinct-specific community consultation measures; and (ii) the establishment of measures concerning complaints management. Haulage

(33) operational procedures and controls that minimise truck noise, including, but not limited to, consideration of the following: (i) Where reasonable and practicable, limit heavy construction vehicle

movements to Normal Working Hours (as defined by the EPA) providing this limitation does not include vehicles essential to maintaining construction operations;

(ii) Where practical, select traffic routes with existing heavy vehicle usage and avoid local roads (e.g. residential streets), particularly 24-hour activities;

(iii) Install ‘no engine braking’ signs on designated routes; (iv) Ensure trucks are fitted with mufflers that comply with the

original equipment manufacturer specifications; (v) Enforce speed restrictions on all construction vehicles; (vi) Complete regular maintenance checks of road surfaces and trucks; (vii) Implement temporary changes to traffic light sequences on

designated routes to minimise trucks starting and stopping at junctions;

(viii) Monitor construction vehicle driver behaviour; (ix) Identify locations for trucks to idle pending arrival at construction sites.

Monitoring (34) mechanisms to ensure effective monitoring of noise and vibration

associated with construction in accordance with NV3, including: (i) vibration and noise measurement methodologies for monitoring both

baseline and construction levels, including details of the parameters to be obtained, the measurement equipment, parameters to be recorded, and relevant standards to be adhered to for the collection and analysis of data;

(ii) baseline and construction noise and vibration monitoring locations; (iii) the most critical periods, whether determined separating distance or ground

conditions, and the duration of monitoring periods;

25

No. Environmental Performance Requirement Graduate Union EPR and other recommendations (iv) how the results of monitoring would be recorded, reported, and

interpreted. (35) the processes that will be followed when the target values are approached and

to convey details to potentially affected persons and organisations (36) full details of the monitoring and mitigation measures, particularly for

commercial and not-for-profit residential facilities where the possibility of relocation as a mitigation option cannot be implemented.

Historical Cultural Heritage New

CH EPR Develop and implement a Heritage Management Plan in consultation with Heritage Victoria and/or the responsible authority (as applicable). The Heritage Management Plan must be informed by: • a full inventory of heritage places that shall include a description of the place, its

significance and its condition • the results of any pre-construction dilapidation survey reports and the likely

exposure to impact from the project activity The Heritage Management plan shall include: • where adverse impacts upon heritage assets, or heritage significance, is

anticipated, then a readily understandable reasoned explanation of the imperative(s) necessitating the anticipated detriment, as well as the constraints upon options for avoidance of adverse impact, are to be provided for evaluation against the heritage detriment

• full details of how the EPRs CH1-CH22 are to be addressed.

← Conclave agreed insertions (underlined) and GU provisions Expert Witness Conclave Historical Heritage 19th August – John Briggs CH2-A Agree

CH22 Ensure that, where impacted by project works, street fabric and infrastructure is conserved and/or accurately reconstructed.

Agree

Arboriculture AR1 During detailed design, review potential tree impacts and provide for maximum

tree retention where possible. Prior to construction of main works or shafts, develop and implement a plan in consultation with the relevant local council that identifies all trees in the project area which covers:

• Trees to be removed or retained

• The demonstrated case for tree removal and that significant efforts are being taken to limit the number of trees affected

• Condition of the trees to be removed • Options for temporary re-location of palms and reinstatement at their former

location or another suitable location.

← GU insertion Witness Statement, Timothy Offor, p.21 ‘The best mitigation for the emotional impact of tree removal is a requirement that MMRP developers must effectively prosecute the case for the removal, which includes demonstrating that significant efforts are being taken to limit the number of trees affected.’ Agree

AR2 Reinstate quality soils to sufficient volumes to support long-term viable growth of replacement trees. Ensure ongoing supply of water to tree root zones, especially

← 018-Recommended-Environmental-Performance-Requirements-Version-1.pdf (018) Agree

26

No. Environmental Performance Requirement Graduate Union EPR and other recommendations during their establishment stage. Employ WSUD principles where possible.

AR3 … The preferred future character of the University of Melbourne, for trees in the grounds of the University of Melbourne and in University Square.

← GU insertion University Square is owned by Melbourne City Council.

Landscape and Visual LV1 … particularly in relation to:

Parkville station: University of Melbourne, Victorian Comprehensive Cancer Centre, Royal Melbourne Hospital, University Square and Graduate House (of The Graduate Union of The University of Melbourne)

← GU insertion

LV3 Develop and implement measures to minimise light spillage particularly during construction to minimise the amenity impacts on residents, and to protect the amenity of adjacent neighbourhoods, parks and community facilities.

← GU insertion

Ground Movement and Land Stability GM3 Develop and implement a ground movement plan for construction and operational

phases of the project that: • … • Addresses monitoring ground movement surrounding proposed Melbourne

Metro works and at the location of various structures/assets to measure consistency with the predicted model

• Gives access to stakeholders of the real-time ground movement monitoring and the time/date-stamped data recorded for the purposes of post-hoc and predictive analysis (e.g., for researchers with sensitive receivers to assess affect of ground movement on results from experiments; for post-graduate student research projects).

• Addresses a proactive monitoring system that analyses the measured levels continuously and alerts the contractor and affected stakeholders if vibration levels approach specified vibration values.

• Addresses an independent verifier reviewing all measured vibration data on, at least, a daily basis and reporting this to stakeholders.

• Identifies and defines the criteria for realisation and scheduling of protective works.

• Within the framework of the MMRP Community and Business Involvement Plan, consult with land and assets owners that could potentially be affected and where mitigation measures would could be required, indicating the mitigation measures to be applied according to the degree and impact of ground movement damage.

← Witness Offor and GU insertion (paraphrasing recommendations from Witnesses Bennett and Heilig) Witness statement, Anthony Bennett on Ground Movement and Land Stability Impact Assessment. Annex D, p.38 on the Issue ‘These submissions [including MM100] requested monitoring during construction’ and Response ‘Monitoring of ground movement during tunnelling is a usual good practice … as a management tool to follow movement trends and to take action before the design limits are exceeded … EPR GM3 requires monitoring to be included in the ground movement plan’. Agree Witness statement, John Heilig, Vibration and Regenerated (Ground-Borne) Noise, p,12 ‘It is expected that the monitoring will be proactive with a system that analyses the measured levels continuously and alerts the contractor if vibration levels approach specified vibration values … An independent verifier is expected to review all measured vibration data. Agree Plus MMRP Technical Appendix P Ground Movement and Land Stability Table 4-1 Matrix summarising predominant land use functions by precinct. For row entitled ‘4. Parkville Station’ add X in the following columns: - Heritage buildings and structures - Heritage Overlay (HO1) - Park land – University Square Plus MMRP Technical Appendix P Ground Movement and Land Stability Make the amendments on page 43: ‘Although the community was given the opportunity to offer feedback in regards to ground movement, no comments were provided or concerns identified. It is acknowledged that, at the time of compiling this Technical Appendix P, stakeholders within the project zone had not been provided with sufficient information to identify concerns about the impacts of ground movement and land stability.’

GM4 Conduct pre-construction condition surveys independently of the MMRA and the project contractor, and by a suitably accredited, qualified and experienced professional, for the assets predicted to be affected by ground movement. Develop and maintain a data base of as-built and pre-construction condition

← 018-Recommended-Environmental-Performance-Requirements-Version-1.pdf (018) and GU insertion (paraphrasing Offor’s recommendation). Witness statement, Timothy Offor, Social Impact Assessment and Social Work Plan p.7 ‘Regarding property owner concerns about possible damage from tunnelling beneath their properties, this should be addressed through condition assessments (dilapidation surveys) undertaken shortly prior to works commencing. For

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No. Environmental Performance Requirement Graduate Union EPR and other recommendations information for each potentially affected structure identified as being in an area susceptible to damage (GM3) and where a property owner has requested an assessment, specifically including: Identification of structures/assets which may be susceptible to damage

resulting from ground movement resulting from Melbourne Metro worksGM4 – including those that are contiguous and with structural connections/dependencies.

e.g., Graduate House includes seven terraces, a central wing and a southern wing with interconnecting corridors. Additionally, the central wing is above the east tunnel entrance to the car park under University Square.

Criteria for determination of the properties to be surveyed, including proximity to the construction site, building type/age and position within the Project Land, DDO and ‘Zone of Potential Influence’ (integrating ‘ground movement and land stability’ criteria with those mentioned for ‘vibration’ and ‘regenerated [ground borne] noise)’.

Results of condition surveys of structures, pavements, significant utilities and parklands to establish baseline conditions and potential vulnerabilities

Records of consultation with landowners in relation to the condition surveys. Post-construction stage condition surveys conducted, where required, to

ascertain if any damage has been caused as a result of Melbourne Metro. Share pre- and post-condition assessments and records of consultation with

the property owner proactively. Ensure all stakeholder engagement activities are undertaken within the

framework of the Community and Business Involvement Plan

these to be of most value they should be undertaken through a transparent process that is clearly independent of MMRA and the project contractor. The benefit of this will be increased trust and reduced disputation of assessments. Similarly, inspections following works should be through the same independent system.’ Agree p. 8 ‘I strongly advise MMRA to provide property owners within the corridor with the opportunity for a preconstruction dilapidation survey’. Agree Witness statement, John Heilig, Vibration and Regnerated (Ground Borne) Noise. p.10 The extent of the condition surveys (i.e., the distance the surveys are completed from the works) should be determined according to the type of equipment that will be used. It can either be determined according to a set distance from the works or according to the expected level of vibration, generally a percentage of the minimum performance criteria. p.11 ‘Where condition surveys are undertaken. It is accepted practice for the results of the survey to be made available to the property owners. The surveys should be undertaken by an appropriately qualified person.’ p.15 ‘I suggest that the plan adopts appropriate wording to show this flexibility [condition surveys of adjacent properties]. Agree Witness statement, Anthony Bennett, Ground Movement and Land Stability Impact Assessment. Annex D p.38 ‘The EPRs also identify that post-construction surveys are to be conducted, but allows for these only to be conducted where required. The initiation for this is not described, but would typically be when a landowner or the contractor wishes to confirm whether or not damage has occurred.’ Plus Section 3.3 of the Future Development Loading report - insert words Additional loadings from approved future developments and developments that are at an advanced stage of planning which are immediately above or adjacent to Melbourne Metro (i.e., within the DDO area), and for which there is a valid planning approval or lodged planning application at the date the DDO is applied to the land, would be assessed and the underground structures designed to minimise any impacts on the future developments. In effect, they would be regarded similarly to existing buildings.’ Witness Statement, Anthony Bennett, Ground Movement and Land Stability Impact Assessment, Annex D p.29 submission number MM100 is noted in the issue which reads: ‘A number of submission noted that their properties have planning approval already granted for development or master plans for new works in the vicinity of the tunnels. Some noted that the MM should avoid clashes or adverse effects on the proposed works.’ and the response reads: ‘Section 3.3 of the Future Development Loading report [Appendix J toTechnical Appendix E Land Use and Planning] notes that additional loadings from approved future developments which are immediately above or adjacent to Melbourne Metro (i.e., within the DDO area), and for which there is a valid planning approval at the date the DDO is applied to the land, would be assessed and the underground structures designed to minimise any impacts on the future developments. In effect, they would be regarded similarly to existing buildings.’

GM6 For properties and assets affected by ground movement, undertake any required repair works. Make transparent and accountable the delegations of responsibility for liability (for structural damage to buildings and supporting structures, and for repairs) and insurance including:

that insurance which is project-wide and that which is borne by others;

an insurance schedule for the enabling/early works, the construction period and an agreed period beyond the project handover (of no less than five years);

the process for claiming for damages to buildings that results from the

← GU provisions Witness statement, Anthony Bennett, Ground Movement and Land Stability Impact Assessment. Annex D p.39 on the Issue ‘A number of submissions [including MM100] requested more information on the mechanism and responsibility for repairs.’ and Response ‘EPR GM6 requires that properties and assets affected by ground movement have any required repair works undertaken. It is not the place of the EPRs to determine where these responsibilities lie within the Project boundary, but it is implied that an effective process must be established to satisfy this requirement. Plus Repeat Request to include the 1870s built terraces from 222-234 Leicester Street in

section 19 of the EES as follows: In Table 19-5 Tunnel sector 3: Parkville station to CBD North Station, in the column entitled: Asset Buildings add the words: Graduate House (of The Graduate Union of The University of Melbourne).

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No. Environmental Performance Requirement Graduate Union EPR and other recommendations enabling/early works, construction period and station/tunnel operations.

Preliminary assessment findings (for Graduate House) add the words ‘significant impact’ Potential mitigations (for Graduate House) add the words ‘Ground improvement measures (pre-injection, jet grouting, etc.) and the incorporation of additional mitigations for potential ground movement risks in the final design and adopted construction method.’

In Table 19-11 Ground movement assessment: Precinct 4 in the column entitled: Asset Buildings add a row for: Graduate House (of The Graduate Union of The University of Melbourne). Preliminary assessment findings (for Graduate House) add the words ‘significant impact’ Potential mitigations (for Graduate House) add the words ‘Ground improvement measures (pre-injection, jet grouting, etc.) and the incorporation of additional mitigations for potential ground movement risks in the final design and adopted construction method.’

Technical Appendix P. Ground Movement and Land Stability. p.50 Table 5-7 shows impact ratings (negligible to severe) for buildings and is followed by a note that the ‘categorisation above is strictly applicable to buildings founded on shallow foundations.’ Technical Appendix P Ground Movement and Land Stability. p.50 Table 5-7 shows impact ratings (negligible to severe) for buildings and is followed by a note that the ‘categorisation above is strictly applicable to buildings founded on shallow foundations.’ Expert Witness Conclave Historical Heritage 19th August p.2 – ‘disagree with a number of risk ratings as per expert evidence statement’ p. 2 – ‘where adverse impacts are anticipated, the existing assessment has not in all cases consdered the imperative for the risk/impact or constraints on any alternative options. Witness statement, Anthony Bennett, Ground Movement and Land Stability Impact Assessment. Annex D p.32 on the Issue ‘These submissions [including MM100] raise particular concern about the eight Victorian terrace houses from 222 to 234 Leicester St, and at other residences of a similar age.’ and response ‘At the Level 2 analyses described in Section 5.3 of the Ground Movement and Land Stability Impact Assessment, the description of the building type is not very sophisticated.’ ... ’However, the Level 2 analyses are designed to highlight the structures that warrant further consideration, particularly if the Level 2 analyses predict damage greater than minor’.