PORT PHILLIP 
Newsletter of Port Phillip Conservation Council Inc.
A0020093K Victoria
PP2003A   March 2003              www.vicnet.net.au/~phillip
 
VCAT Order Stops Skateboard and BMX Facility Proposed for the Rye Foreshore 
 
The March 2002 PPCC Inc. Newsletter stated that PPCC Inc. had written to Mornington Peninsula Shire Council objecting to its proposal to build a Skateboard and BMX bicycle riding facility on the public foreshore reserve shown in the photograph below, just east of the Rye Jetty, and that grounds for the objection included: 
  • squandering scarce foreshore reserve land for a use that is not water-dependent (contrary to longstanding Government management policy),
  • removal of numerous trees on the foreshore, and
  • a land cover of over 1000 square metres of concrete.

These grounds were explained by two PPCC Inc. representatives in detail at a Consultation Meeting called by the proponent, Mornington Peninsula Shire Council, and attended by other objectors. Sadly we failed to persuade the Council that the proposal was misconceived and that it amounted to an unwarranted intrusion of an inappropriate development on a precious part of the Port Phillip environment, the narrow coastal reserve. 

The PPCC Inc. Committee of Management resolved that it would appeal to the Victorian Civil and Administrative Tribunal (VCAT) to review the Shire's proposal and order that it not proceed. By that time the proposal had received ministerial consent under Victoria's Coastal Management Act. 

PPCC Inc. was represented at the VCAT review by its Senior Vice-President, Mr Len Warfe, who worked with other objectors to mount a strong and convincing case. The outcome, which was announced in January 2003, was that VCAT ordered that the proposal should not proceed. 

It his published written judgement, the VCAT member presiding at the review indicated that the essential reason for making his order was that the skateboard use proposed was not a coast-dependent use. 

He stated that the Victorian Coastal Strategy, which the Coastal Management Act requires be formulated and adopted by the Victorian Government, provides that proposals for land use that were not coast-dependent should not be approved for coastal land, which is very scarce, and is under very great demand for coast-dependent uses alone. 

The judgement by VCAT is a straightforward interpretation of Section 21 of  the Coastal Management Act, which states, 
"21. Land managers to take Strategy into account: In carrying out a function involving land management-- 
(a) on behalf of the Crown; or  
(b) under an Act-- 
a Minister, public authority, committee of management of reserved Crown land or municipal council must take all reasonable steps to give effect to the Victorian Coastal Strategy."  

The judgement adds a most worthwhile precedent of legal enforcement of the Act on the land managers specified in the Coastal Management Act.

 
 
 Petty Local Ideas Weaken Parks Victoria's Good Plan for Point Gellibrand Heritage Park
 
Port Phillip Conservation Council Inc. has made a submission to an Independent Panel reporting to the Planning Minister on local controversy over plans by Parks Victoria for management of the newly announced Point Gellibrand Heritage Park, at Williamstown. 
 

Many submissions from Williamstown opposed the plan by Parks Victoria to relocate, further inland, the roadway that presently runs along, and very close to, the coast in this park, as can be seen in the photograph above 

PPCC Inc. warned of the incompatibility between a road, with its noise and distractions, and the key feature of a coastline protected by a park designation. A Williamstown resident and a former Premier of Victoria, Hon. Joan Kirner, presented the panel with a similar view to that of PPCC Inc., but that view was not supported by Hobsons Bay City Council.

 
ã 2003 Port Phillip Conservation Council Inc.
47 Bayview Crescent, BLACK ROCK VIC 3193 A0020093K Victoria
President: Geoffrey Goode
Secretary: Des Berry
Telephone: (03) 9598 0554    Fax: (03) 9589 1680