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PORT PHILLIP

Newsletter of Port Phillip Conservation Council Inc.

A0020093K Victoria
ABN 46 291 17 191

PP2006B July 2006                 www.vicnet.net.au/~phillip

 

 

 

 

 

Appeal to VCAT against Rosebud Foreshore skate park disallowed

 

 

Victoria’s Civil and Administrative Tribunal has disallowed the recent appeal by Port Phillip Conservation Council Inc. against the permit that Mornington Peninsula Shire Council granted itself to construct a skateboard park on the Rosebud Foreshore Reserve.

 

A significant part of the PPCC Inc. case was based on the clear direction given by VCAT in 2003 when it disallowed a similar permit granted to the Shire Council for a skateboard facility on the Rye Foreshore Reserve. The relevant parts of both Rosebud and Rye foreshore reserves are zoned PPRZ (Public Park and Recreation Zone) under the Mornington Peninsula Shire Planning Scheme.

 

PPCC Inc. has now written to the Minister for Planning, Hon. Rob Hulls MLA, asking him to intervene to implement the coastal dependency provisions of the Victorian Coastal Strategy, and also for a meeting with him to convey the concern that planning policies are failing to properly reserve and protect coastal Crown land.

 

During the VCAT hearing the spokesman for the Department of Sustainability and Environment said that he was unable to tell VCAT what is meant by a coastal dependent use. That is not good enough, given that confining foreshore land to “coastal dependent uses” is a major concept in the Victorian Coastal Strategy, and has been a longstanding principle of coastal land use in Victoria. The lack of such dependency was the principal ground on which VCAT rejected Mornington Peninsula Shire Council’s proposal for a foreshore skateboard park at Rye in 2003!

 

PPCC Inc. thanks those persons and organizations that made generous donations towards the cost of the appeal to VCAT on this important matter of principle.

 

Australian Conservation Foundation is threatened by undemocratic moves

 

PPCC Inc. has been a longstanding Member Body of the Australian Conservation Foundation, which is Australia’s leading membership organization for conservationists. It is concerned that the on the recommendations of its Governance Committee the ACF appears to be proposing far reaching undemocratic changes to the ACF Constitution.

 

Two leading Victorian ACF Councillors, Dr Geoff Mosley and Mr David Risstrom, are strongly opposing the planned changes. Victoria is the State with the most ACF members, and almost 50% of the ACF members in Victoria that voted at the last ACF postal ballot for the election of ACF’s governing body, the ACF Council, gave their first preference vote to one of those two ACF councillors.

 

ACF Council to cease being Governing Body

 

The ACF Governance Committee has persuaded the ACF Council to support a proposed change to the ACF Constitution that would effectively rename the Executive Committee as the “Board”, and make it the governing body of the Foundation rather than the Council. This is totally unsatisfactory, as it is the Council, which is directly elected by ACF members at triennial postal ballots, that is closest to ACF members and most attuned to their views, whereas the “Board” would be elected, not by ACF members, but by the Council. That would leave the Council as an ineffectual discussion group.

 

Plan to Bypass Postal Ballot of Members!

 
An even more serious concern PPCC Inc. has with the moves underway at ACF is the plan to implement a large package of changes without putting them to a postal ballot of members as prescribed by the ACF Constitution, but instead to have them merely approved by a General Meeting of ACF members.

 

The Governance Committee has persuaded the present ACF Council to accept this ploy on the spurious grounds that the present Constitution is defective because its provision that it cannot be changed without a postal ballot of members makes no reference to the current ACT law under which ACF is incorporated, which requires that no change can be made without a general meeting passing a special resolution.

 

The councillors refused to accept the point made by Dr Mosley and Mr Risstrom that it was still necessary to consult ACF members first in the way that members had stipulated, viz. a postal ballot, before proposals put there were ratified by what is, for a nation-wide organization of over 10,000 members, the far less democratic procedure of a general meeting. See whether you can find any mention of these moves on the ACF Web site, www.acfonline.org.au

 

PPCC Inc’s concerns have led it to stating the detailed case and the recommendations of those two Victorian ACF councillors at a page on its Web site, which is www.vicnet.net.au/~phillip/more.htm

 

Minister’s Final Assessment: Planned 27 hectare marina at Werribee South

 

The Minister for Planning, Hon. Rob Hulls MLA, has given his Final Assessment of the recommendations of the Independent Panel set up to consider the Environmental Effects Statement  for this proposal prepared under the Environmental Effects Act 1978. Wyndham Cove Marina Pty. Ltd. seeks a permit to build a marina at Werribee South, which would cover 27 hectares (67 acres) of the waters of Port Phillip.

 

That area of sea and seabed would be almost fully enclosed by a high sea wall of boulders 1 kilometre long. The impact on Port Phillip would also include a 5-storey and other associated buildings on the coast, along with a restaurant, shops and service buildings, as well as a 200-dwelling residential development adjoining the marina structures and their associated car parks.

 

PPCC Inc. made a written and oral submission to the Independent Panel. The Minister’s final assessment has been to endorse the recommendations of the Panel, which accepted the proposal, subject to a number of minor conditions. Some of those included measures to protect the development from dust and other inconveniences presented by the nearby established use of the land, which is market gardening.

 

Cafe is to be Allowed as part of new Seaford Life Saving Club Building

 

Friends of Seaford Foreshore Reserve Inc, a Member Organization of Port Phillip Conservation Council Inc, has opposed the inclusion of a 20-seat cafe in the redevelopment plans for the Seaford Life Saving Club building, which appears near the Station Street pier in the aerial photograph below.

Location of Seaford Life Saving Club House

 

PPCC Inc. supported this view in its letter to the relevant authorities. Unfortunately Frankston City Council, at a July 2006 meeting, accepted the staff recommendation that a commercial cafe be included as part of the permit granted for the new structure.

 

The present building has been irresponsibly allowed to deteriorate to such an extent that replacement has become a sounder alternative than refurbishment. PPCC Inc. and FOSFR Inc. object to the planned development as currently proposed by Frankston Council. PPCC Inc. will support an appeal to VCAT if FCC endorses the present proposal. In 2004 PPCC Inc. stated a number of limits it sought on the size and impact of the new building. One of the principal limits was that catering and refreshment provision should be no more extensive than the existing kiosk.

 

Life Saving Club buildings are tending to become Trojan horses in moves by commercial interests to gain a foothold on our public foreshore land. A classic case is the former Parkdale Life Saving Club building, which is now a restaurant.

 

© 2006 Port Phillip Conservation Council Inc.

47 Bayview Crescent, BLACK ROCK VIC 3193 A0020093K Victoria

President: Len Warfe      Secretary: Jennifer Warfe

Tel: (03) 5987 1583              Fax: (03) 5987 2537