PORT PHILLIP CONSERVATION COUNCIL INC.

Telephone +61393769442, +61429176725                                          12 Burton Street, DROMANA VIC 3936

Fax 0395891680                                                                                                            warfej@bigpond.com

A0020093K Victoria                                                                                               www.vicnet.net.au/~phillip

ABN 46 291 176 191                                                                                                          4th September 2005

 

 

Mr John Nevins

Chief Executive Officer

Kingston City Council

PO Box 1000

MENTONE VIC 3194

Dear Mr Nevins,

 

Kingston Council’s Harmful Policy on the Route for a Bicycle Road along its Crown Foreshore Reserve

 

Port Phillip Conservation Council Inc, a federation of 16 conservation organizations around Port Phillip, is most concerned about Kingston Council, as the Committee of Management for the above reserve, persisting with it plan to construct a concrete bicycle road on and through the Kingston Crown Foreshore Reserve, between Charman Road and Mordialloc Creek, that would, counting the bicycle road’s cleared verges, be up to 4.5 m wide, and that would remove a considerable amount of established indigenous vegetation for that combined width of the bicycle road pavement, and the cleared verges as sightlines. PPCC Inc. wrote to your predecessor about this on 11th February 2005.

 

PPCC Inc. considers that this plan needs to be changed, and outlines its reasons below:

 

Proposed concrete bicycle road to be routed through the Kingston Crown Foreshore Reserve

(a)   PPCC Inc. understands that the 3.5 m wide concrete bicycle road is to be built entirely on the Kingston foreshore reserve, but that no hydrology assessment of the impact of the introduction of such an extra impervious surface on the Kingston cliffs has been undertaken.

(b)    The amount of vegetation to be removed, and the area of actual or potential indigenous vegetation habitat on the foreshore reserve that would be appropriated for this concrete road is quite excessive. A swathe of foreshore land right along the entire foreshore between Charman Road and the Mordialloc Creek of at least 13,500 square metres (1.35 hectares) in area and 4.5 metres wide by at least 3,000 metres long that is mostly covered with indigenous foreshore vegetation is threatened by the Council’s proposal. That swathe of land would, despite it being ostensibly protected by a VO1 Vegetation Protection Overlay under the Kingston Planning Scheme, be rendered permanently unavailable for its existing conservation purposes (3.5 m concrete road width plus 0.5 m clearance for cyclists on each side).

(c)    Further removal of vegetation will be required for access points, and also for sightlines and cut-outs to improve user safety.

(d)   The concrete bicycle road would increase the built environment on the foreshore because of the proposed sealed surface, bridges built over access roads, and night lighting, with its associated poles or light fixtures, and areas disturbed by wiring routes.

(d)    Aboriginal middens north of Mordialloc Creek would be disturbed or covered, and that would be expected to be of concern to aboriginal people, and to those authorities administering laws protecting aboriginal sites.

(e)    A Kingston bicycle roasd should not take up invaluable foreshore reserve. Bayside City Council, in fruitful co-operation with VicRoads, has utilized the edge of the road reserve for Beach Road for its bicycle road. PPCC Inc. asks Kingston City Council to do likewise.

PPCC Inc. notes that in 2003 the Minister for Environment refused consent to an application under the Coastal Management Act 1995 to a proposed bicycle road through the Seaford foreshore and Kananook Creek reserves (letter to Frankston City Council from Mr Doug Miller on 15th July 2003). In 2001 the Minister for Environment advised that on the Seaford foreshore an ‘existing track is to be maintained with a soft surface’ (letter from Hon. Sherryl Garbutt MLA to Frankston City Council on 12th October 2001).

PPCC Inc. considers that this proposal contravenes many of the State Government and Kingston City Council guidelines for management of the Kingston foreshore reserve below.

Victorian Coastal Management Act 1995

Section 3.  Definitions.  (1) “coastal Crown land” means

(a) any land reserved under the Crown Land (Reserves) Act 1978 for the protection of the coastline; and

(b) any Crown land within 200 metres of high water mark of—(I) the coastal waters of Victoria.

Division 4—Use and Development of Coastal Crown Land.  Section 37.  Consent required to use or develop Crown land:  A person must not use or develop coastal Crown land unless the written consent of the Minister has first been obtained.

Victorian Coastal Strategy 2002

Principle 1.  Protection of significant environmental features.  Point 5: Net gain in the quantity and quality of coastal indigenous vegetation and habitat will be encouraged.

Principle 2.  Sustainable use of natural coastal resources.  Point 2: Coastal and marine environments are recognised as long term public assets which should not be compromised by inappropriate short term decisions or developments.

Point 3: Natural dynamic processes and systems which shape and maintain the coastline and its living resources must be respected and adverse activities avoided or minimised.

Point 6: Continuous improvement in processes, activities and discharges that have an adverse impact on coastal values shall be encouraged.

Point 7: Coastal catchment planning and management will take account of coastal values.

Point 5: Public understanding and appreciation of coastal values will be fostered and facilitated over time.

Natural onshore environment.  Objective 2.1: Protect and improve the condition of coastal biological diversity.

Objective 2.3: Ensure a well managed system of representative coastal parks and reserves.

Objective 2.4: Protect coastal habitats and associated native flora and fauna.

People on the Coast.  Objective 3.5: Protect Aboriginal sites and places from inappropriate development.

Siting and Design Guidelines.  3.3.3 Vegetation (a) Natural vegetation should be disturbed as little as possible, and (b) Natural regeneration should be encouraged and extensive planting of indigenous species should occur around development in urban, suburban and rural areas.

Kingston Foreshore and Waterways Landscape Guidelines 2002

Guideline 4: Strategic gaps in indigenous vegetation cover on cliff tops, cliff faces and dunes to be revegetated using indigenous species in order to extend and connect the habitat provided by existing indigenous vegetation.

Guideline 5: All revegetation will aim to recreate the structural elements (eg tree layer, shrub layer, ground layer) and species mix of the vegetation community(s) that is presumed to have occurred at the site prior to white settlement.

Guideline 9: All confirmed cases of wilful and illegal damage to foreshore vegetation shall be pursued for a prosecution and sites where damage has occurred will be revegetated in accordance with the guidelines.

Aboriginal archaeological guidelines: There is a possibility that Aboriginal archaeological sites or materials may be disturbed and exposed during works that require excavation of sub-surface deposits.  If any material suspected to be Aboriginal in origin is uncovered all works must cease and the Kulin Nations Cultural Heritage Organisation be advised.

The members of the Kingston City Council constitute the Committee of Management for the Kingston foreshore reserve on behalf of the Victorian Government. PPCC Inc. considers Kingston City Council to be negligent in its management of the Kingston foreshore reserve, and in its duty of care of the natural foreshore vegetation, in relation to the proposed damaging and intrusive route for a bicycle road. That does not represent sustainable management of the Kingston foreshore reserve or its vegetation and would:

      contribute to a considerable loss of foreshore reserve and indigenous vegetation;

      reduce the biodiversity of foreshore vegetation and wildlife habitat, and undermine wildlife corridors;

      increase weed species, which would increase threats to the survival of indigenous species; and

      create unsustainable and very unacceptable precedents for Port Phillip Bay and Victorian coastal reserves.

We urge the Kingston City Council to abandon both this bad route for a bicycle road along the Kingston foreshore reserve, which we regard as tantamount to environmental vandalism.

Yours sincerely

Ms Jenny Warfe

Secretary

Port Phillip Conservation Council Inc.

 

cc. Mayor & Councillors, Kingston City Council; Hon. John Thwaites MLA, Hon. Phil Honeywood MLA, Mr Noel Pullen MLC, Mr Chris Strong MLC, Mr Bob Smith MLC, Mr Matt Viney MLC, Ms Janice Munt MLA, Mr Murray Thompson MLA Ms Jenny Lindell MLA, Mordialloc-Chelsea Leader, The Age