mornington safe harbour

Mornington Safe Harbour

PLANNING REPORT

FINAL REPORT April 2009 (revised March 2010)

The SKM logo trade mark is a registered trade mark of Sinclair Knight Merz Pty Ltd.

Mornington Safe Harbour

PLANNING REPORT FINAL REPORT April 2009 (revised March 2010)

Sinclair Knight Merz ABN 37 001 024 095 590 Orrong Road, Armadale 3143 PO Box 2500 Malvern, VIC 3144 Australia Tel: +61 3 9248 3100 Fax: +61 3 9248 3400 Web: www.skmconsulting.com COPYRIGHT: The concepts and information contained in this document are the property of Sinclair Knight Merz Pty Ltd. Use or copying of this document in whole or in part without the written permission of Sinclair Knight Merz constitutes an infringement of copyright.

LIMITATION: This report has been prepared on behalf of and for the exclusive use of Sinclair Knight Merz Pty Ltd’s Client, and is subject to and issued in connection with the provisions of the agreement between Sinclair Knight Merz and its Client. Sinclair Knight Merz accepts no liability or responsibility whatsoever for or in respect of any use of or reliance upon this report by any third party.

Proposed Mornington Safe Harbour, Planning Report

SINCLAIR KNIGHT MERZ

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Contents Executive Summary vii 1. Introduction 1

1.1. Purpose of Report 1 1.2. Methodology 2 1.3. Report Development Process 2 1.4. Report Structure 2

2. Site and Surrounds 4 2.1. Mornington Harbour 4 2.2. Land Description 6 2.3. Current Management Arrangements 7 2.4. Existing Leases and Agreements 10 2.5. Harbour Setting 12 2.6. Land Use History 12 2.7. Existing Land Uses 13 2.7.1. Mornington Yacht Club 13 2.7.2. Sailing Services and Facilities 15 2.7.3. Mornington Yacht Club Facilities 16 2.7.4. Boat Moorings and Storage 17 2.7.5. Lighting 17 2.7.6. Mornington Yacht Club Permits 18 2.7.7. Surrounding Land Uses 18 2.7.8. Mornington Pier 18 2.7.9. Fisherman's Jetty 19 2.7.10. Public Car Parking 20 2.7.11. Public Boat Launch and Finger Jetties 21 2.7.12. Schnappers Kiosk 22 2.7.13. Mothers Beach, Scout Beach and Shire Hall Beach 22 2.7.14. Harbour Bed 22 2.7.15. Mornington Park and Cliff Top Areas 22 2.7.16. Mornington Volunteer Marine Rescue 23 2.7.17. Mornington Township 23 2.7.18. Broader Area 24 2.8. Climatic Conditions 25 2.8.1. Sea Level 25 2.8.2. Wind 25

3. Statutory and Policy Framework 26 3.1. Overview of Section 26


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3.2. Key Planning and Environmental Legislation and Policy 27 3.2.1. Planning and Environment Act 1987 (Victoria) 27 3.2.2. Environment Effects Act 1978 (Victoria) 28 3.2.3. Mornington Peninsula Planning Scheme 28 3.2.4. Land Use Terms (Clause 74) 29 3.2.5. Zones 30 3.2.6. Overlays 34 3.2.7. Particular Provisions 37 3.2.8. Planning Permit Requirement Summary 37 3.3. Key Coastal Legislation and Policy 38 3.3.1. Coastal Management Act 1995 38 3.3.2. Victorian Coastal Strategy 2008 38 3.3.3. Boating Coastal Action Plan (BCAP) 45 3.3.4. Mount Eliza to Point Nepean CAP 2021 49 3.3.5. Siting and Design Guidelines for Structures on the Victorian Coast (May 1998) 50 3.3.6. Landscape Setting Types for the Victorian Coast (May 1998) 50 3.3.7. Linking People and Spaces 51 3.3.8. Guidelines for Design of Marinas AS 3962—2001 51 3.4. Key Land Management Legislation 51 3.4.1. Crown Land Reserves Act 1978 51 3.4.2. Land Act 1958 52 3.5. Other Relevant Legislation, Policy, Strategy and Guidelines 52 3.6. Aboriginal Heritage Act 2006 52 3.7. Native Title Act 1993 53 3.8. Heritage Act 1995 54 3.9. Parks Victoria Act 1998 54 3.10. Marine Act 1988 and Marine Regulations 1999 55 3.11. Port Services Act 1995 and Port Services (Local Ports) Regulations 2004 56 3.12. Summary of Approvals Required 56 3.13. Approvals Not Required 57

4. Proposal Background 58 4.1. Section Overview 58 4.2. Safe Harbour Application History 58 4.2.1. GHD McKnight Proposal 1987 58 4.2.2. 1990 Loder and Bayly Proposal 59 4.3. History of Current Proposal 60 4.3.1. Feasibility Study 60 4.3.2. Environmental Assessment Guidelines 60 4.3.3. Development of Safe Harbour Concept and Technical Reports 61 4.3.4. Technical Reference Group Meetings 62


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4.3.5. Pre-Application Consultation with Council 62 4.3.6. Community and Stakeholder Consultation 63

5. Need for Proposed Safe Harbour 65 5.1. Regional Context 65 5.2. Rationale for Location of Safe Harbour 66 5.3. Adequacy of Existing Harbour 67

6. Proposal 70 6.1. Section Overview 70 6.2. Combined Planning Permit / Planning Scheme Amendment Request70 6.3. Planning Scheme Amendment Request 70 6.4. Planning Permit Request 71 6.4.1. Plans 73 6.5. Safe Harbour Design 77 6.6. Detailed Design of Safe Harbour 78 6.6.1. Parks Victoria Pier Protection Works 78 6.6.2. Pier Wavescreen and Extension 80 6.6.3. Harbour Wavescreen 81 6.6.4. Public Jetty 83 6.6.5. Berths and Moorings 83 6.6.6. Fairways 86 6.6.7. Travel Lift and Boat Wash Down Facility 87 6.6.8. Lighting 90 6.6.9. Refuelling Facility 90 6.6.10. Dockside Sewage Pump-Out Facility 92 6.6.11. Refuse Collection and Management 94 6.6.12. Fish Cleaning Facilities 94 6.6.13. Disabled Access 94 6.6.14. Amenities 94 6.6.15. Fire Fighting Equipment 94 6.6.16. Signage 95 6.6.17. Managers Office 95 6.6.18. Additional Toilet Facilities 95 6.6.19. Existing MYC Building 95 6.6.20. Car Parking and Shuttle Bus Service 95 6.6.21. Beach Monitoring and Stabilisation 99 6.6.22. Beach Stabilisation 99 6.7. Construction Activities 100 6.7.1. Construction of Public Jetty 100 6.7.2. Construction of Harbour and Pier Wavescreens 101 6.7.3. Installation of Marina Berths 101


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6.7.4. Construction of Land Based Facilities 101 6.8. Construction Materials 101 6.9. Proposed Lease Area 103 6.10. On-going Operation and Maintenance 103 6.10.1. Draft Planning Permit Conditions 104 6.10.2. Environmental Management Plan 104

7. Planning Assessment 106 7.1. Section Overview 106 7.2. Strategic Assessment Guidelines 106 7.3. Why Is the Amendment Required? 107 7.4. Objectives of Planning in Victoria 108 7.5. Compliance with Relevant Minister’s Directions? 108 7.6. Does the Amendment Make Proper Use of the VPP? 109 7.7. Address Views of Any Relevant Agency? 109 7.8. Impact on Resource and Administrative Costs? 110 7.9. Impact and Policy Assessment 110 7.9.1. Wave Climate 110 7.9.2. Coastal Processes 112 7.9.3. Hydrodynamics 118 7.9.4. Marine Ecology 120 7.9.5. Water Quality 123 7.9.6. Energy Efficiency and Greenhouse Gas Emissions 126 7.9.7. Noise 127 7.9.8. Stormwater 128 7.9.9. Broader Social and Economic Issues 129 7.9.10. Fishing 131 7.9.11. Non Boating Recreation 132 7.9.12. Restaurant and Kiosk 135 7.9.13. Aquaculture 136 7.9.14. Non-Aboriginal Cultural Heritage 136 7.9.15. Indigenous Cultural Heritage 144 7.9.16. Traffic and Car Parking 148 7.9.17. Landscape and Visual Amenity 157 7.9.18. Public Safety and Emergency Rescue 162 7.10. Marina Design 166 7.10.1. Access 166 7.10.2. Sanitary Facilities and Showers 167 7.11. Land Tenure 167 7.11.1. Impact and Policy Assessment 167 7.12. Native Title 168


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7.12.1. Impact and Policy Assessment 168 7.13. Mornington Activity Centre 168 7.13.1. Investigation Works 168 7.13.2. Impact and Policy Assessment 168 7.14. Net Community Benefit 170 7.14.1. Impact Assessment 170

8. Coastal Consent Application 173 8.1. Section Overview 173 8.2. Coastal Consent Process 173 8.3. Summary of Works Sought for Coastal Consent 174 8.4. Flora and Fauna 175 8.4.1. Terrestrial Ecology 175 8.4.2. Marine Ecology 175 8.5. Biodiversity 177 8.6. Public Benefits 177 8.7. Safe Harbour Development Including Beach Protection 179 8.8. Landscaping 182 8.9. Construction Environmental Management Plan 183 8.10. Operational and Maintenance Environmental Management Plan 183 8.11. Dredging/Excavation 184 8.12. Beach Access 185 8.13. Traffic Access and Pedestrian Linkages 185 8.14. Waste Minimisation and Management 186 8.15. Interface with Surroundings 186 8.16. Broader Public Interest 186

9. Conclusion 188 10. References 189 Appendices 194 Appendix A Crown Land Particulars 195 Appendix B Cultural Heritage Assessment 196 Appendix C MYC Liquor Licence 197 Appendix D Existing Planning Permits and Plans 198 Appendix E Social and Economic Assessment 199 Appendix F Relevant Planning Policy Extracts 200 Appendix G Cultural Heritage Management Plan 201 Appendix H Previous Safe Harbour Concept Plan 202


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Appendix I ESS Assessment Guidelines 203 Appendix J Community Consultation 204 Appendix K Draft Planning Scheme Amendment Documentation 205 Appendix L Proposed Safe Harbour Concept Plan 206 Appendix M Perspective Drawings 207 Appendix N Wave Investigation Assessment 208 Appendix O Hydrodynamic Assessment 209 Appendix P Traffic and Car Parking Assessment 210 Appendix Q Sketch Options for Redesign of Lower Car Park Area 211 Appendix R Coastal Processes Assessment 212 Appendix S Landscape and Visual Amenity Assessment 213 Appendix T Draft Planning Permit Conditions 214 Appendix U Framework Environmental Management Plan 215 Appendix V Marine Ecology Assessment 216 Appendix W Water Quality Assessment 217 Appendix X Energy and Greenhouse Gas Assessment 218 Appendix Y Noise Assessment 219 Appendix Z Stormwater Management Assessment 220 Appendix AA Public Safety 221 Appendix BB Development Plans Clubhouse 222


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Document history and status Revision Date issued Reviewed by Approved by Date approved Revision type

1 31/10/2008 R Ducker T Latham 31/10/2008 Final

2 15/04/2009 C Webster R Ducker 15/04/2009 Revised Version for Client Review

Final 17/04/2009 D Neumann R Ducker 20/04/2009 Submission to Council

Revised 07/03/2010 M Holloway R Ducker 07/03/2010 Updated to include travel lift information submitted in further information August 2009

Distribution of copies Revision Copy no Quantity Issued to

1 1 1 Mornington Peninsula Shire Council

2 1 1 Mornington Peninsula Shire Council (via PDF email)

Final 1 3 Mornington Council in Hard Copy

Revised 1 3 Mornington Council in CD Format

Printed: 7 March 2010

Last saved: 7 March 2010 06:05 PM

File name: I:\VWES\Projects\VW04219\Technical\Specialist folders\Planning\Deliverables\Updated April 2009 Report\ Final Report 05032010

Author: Gavin Crawford/Rachel Ducker/Chris Webster

Project manager: Tasha Latham / Julie Didier

Name of organisation: Mornington Boat Haven Limited

Name of project: Mornington Safe Boat Harbour

Name of document: Final Report 05032010

Document version: Revised

Project number: VW04219.4



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Executive Summary Introduction

Mornington Boat Haven Limited (MBHL) proposes to develop a Safe Harbour boating facility (Safe Harbour) within the Mornington Harbour (Harbour) to provide increased protection for moored vessels, boats using launching ramps, emergency services and commercial vessels.

This report outlines a request for the following approvals for the Safe Harbour:

A combined planning permit and planning scheme amendment to the Mornington Peninsula Planning Scheme (MPPS) pursuant to the Planning and Environment Act 1987.

A coastal consent under the Coastal Management Act 1995.

The combined planning permit and planning scheme amendment are intended to be exhibited and considered and concurrently with an Environment Effects Statement (EES) required under the Environment Effects Act 1978.

This report provides an assessment of the impacts of the proposed use and development and the consistency of the proposal with relevant planning, environmental, coastal and land management legislation, policy and guidelines. It also contains information required for the coastal consent application.

Application Context

In 2005, the Minister for Planning decided that an assessment of the environmental effects of the proposed Safe Harbour was required. Following the Minister’s decision, the Department of Sustainability and Environment (DSE, now part of the Department of Planning and Community Development) issued EES Assessment Guidelines for the Proposed Safe Harbour Development Mornington in May 2006, which outlined requirements for technical assessments to investigate potential environmental effects of the proposed Safe Harbour.

Methodology

This report was prepared based on a series of site inspections to the Mornington Harbour and surrounding precinct including the Mornington Activity Centre, a review of technical assessments and relevant planning, environmental, coastal and land management policy, legislation and guidelines.



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A series of pre-application discussions were held with the Mornington Peninsula Shire Council (MPSC), the Department of Planning and Community Development (DPCD) and a Technical Reference Group (TRG) appointed to assist development of the EES to discuss the proposed zoning, planning scheme amendment documentation and proposed planning permit application.

Buildings and Works Summary

The proposed buildings and works which comprise the Safe Harbour include the components outlined in the table below.

Summary of Proposed Buildings and Works

Location Proposed Buildings & Works

Pier A Harbour Wavescreen, to be located east of the existing Pier, approximately 210m in length and along the 7m depth contour.

A north-west facing wavescreen along the Mornington Pier 73m from the landward end of the Pier.

A perpendicular extension of the Pier proposed to extend approximately 20-30m south east of the existing Pier.

Berths Approximately 170 floating berths arranged as marina pens, generally orientated in a north-south arrangement, to be installed in stages.

8 ‘fore and aft’ moorings to the south of the third marina arm.

12 swing moorings to the east of the first, second and third marina arms.

10 public berths and 10 emergency and police berths.

Jetty A new public jetty parallel to the south of the existing Pier to provide access to the marina.

New lighting on the public jetty, pier extension and pen berths.

Provision for disabled access via the low level public jetty.

Harbour Offshore reef to prevent beach erosion if required (ongoing monitoring of sand movement prior to introduction of offshore reef).

Wavescreen Reinforced concrete panels supported on a frame of tubular steel plies and concrete crossheads.

A public walkway and viewing platform above the wavescreen.



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Location Proposed Buildings & Works

Travel lift A travel lift combined with a new wash down facility to replace the existing slipway.

Wash down facilities linked to travel lift.

Removal of existing slipway (coordinated with installation of travel lift).

Sewage and Fueling facilities

A public sewage pump out facility for onboard wastewater tanks connected to existing sewerage system and electricity supply. This equipment comprises a stainless steel cabinet with a suction hose and suction pump.

A public re-fuelling facility which comprises an above ground fuel bowser and payment facility.

Underground storage tank of 30,000 litres including 20,000 litres of diesel provision and 10,000 litres of unleaded petrol and associated underground services trench.

Internal to clubhouse A new marina manager’s office, within the existing MYC building.

Refurbishment of the existing visitor toilets and showers.

Public Car Park Area Modifications to existing public car park to improve vehicle access and pedestrian safety.

Landscaping as per any planning permit conditions.

Shuttle bus from public car par to Mornington town centre.

No new commercial uses, landscaping or structures are proposed for the Mornington foreshore area.

Site and Surrounds

Mornington Harbour (Harbour) and the surrounding area is used predominantly for water based recreational activities including boating, fishing, diving, swimming and walking, dining and social gatherings along the nearby beaches of Mothers Beach, Scout Beach and Shire Hall Beach. 60 swing moorings administered by Mornington Yacht Club (MYC) on behalf of Parks Victoria (PV) are located within the Harbour.

MYC currently leases a 5745m2 area of land at Schnapper Point from the MPSC. The MYC has over 800 members living locally and across metropolitan Melbourne and provides sailing classes, racing, rescue boats and facilities and programs to assist disabled persons access water sailing.



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Existing facilities provided by MYC include:

A 2 storey building which includes a restaurant, kitchen, bar, decking, office, toilets, showers and communications tower.

4 car parking spaces.

A fenced area used to store approximately 40 keel boats during the winter months.

A slipway extending into the Harbour.

A platform constructed to facilitate sailing for disabled persons

A launching crane with a 2 tonne capacity.

A boat wash down and minor maintenance area.

The Rocks Restaurant (Restaurant) is open to MYC members and the public and the bar is open to MYC members and their guests during the hours of operation of the restaurant. MYC holds planning permit 98/0614 for alterations and additions to the MYC which limits the Restaurant to a maximum of 160 seats.

Surrounding land uses include:

Mornington Pier, which is approximately 180m long, used by fishermen, divers, tourists, and commercial tour operators and for public berthing.

Fisherman’s Jetty which extends into the Harbour in front of the MYC building, provides public boat berths, light poles and security fencing. A number of mooring bollards are also provided in the Harbour in the vicinity of Fisherman’s Jetty.

A two lane public boat launch ramp with finger jetties on either side is located to the east of the MYC slipway. Fish cleaning facilities are located on the northern most jetty.

Approximately 443 car parking spaces are available in the Foreshore Precinct surrounding the Harbour including a public car park which contains 38 car and trailer parking spaces and 83 spaces for other vehicles adjacent to the MYC. Additional on-road parking is also available along Schnapper Point Drive, Flinders Drive and the Esplanade.

Schnappers Kiosk (Kiosk) which provides for takeaway food and a 25 seat cafe.

Mothers Beach is located to the south-east of the MYC building and contains toilet facilities and a ramp providing access to the cliff top.

Scout Beach includes the Sea Scout building and boat hire building. A rock reef with a channel through which boats launch is located adjacent to Scout Beach.

Shire Hall Beach is narrow and includes a substantial number of bathing boxes.



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Mornington Park is located at the head of Schnapper Point Drive and provides a range of recreation facilities including BBQ’s, tables and playground equipment.

Two historic sites which include the Schnapper Point Exploration Site located to the north west of Mornington Park and the Football Disaster Memorial located to the east of Mornington Park.

Mornington Activity Centre is located to the south-east of Mornington Harbour across the Esplanade.

The coastline surrounding the Harbour is dominated by small pockets of beaches backed by low cliffs with high scenic and amenity value. From Martha Point to Point Nepean to the south of the Mornington Harbour, the coast is dominated by expansive sandy beaches, a number of sand ramps, boat launching facilities and a recent marina development at Blairgowrie. The largest of the public boat launching facilities, located to the south of Mornington Harbour, are at Rye and Sorrento.

Key Planning and Environmental Legislation and Policy Summary of Approvals Required

The table below provides a summary of the approvals required for the proposed Safe Harbour.

Summary of Assessments and Approvals Required For Proposed Safe Harbour

Assessment Legislation

Environment Effects Statement (EES) Environment Effects Act 1978

Approvals Legislation

Planning permit Planning and Environment Act 1987

Planning scheme amendment Planning and Environment Act 1987

Coastal consent Coastal Management Act 1995

Approval to enter or occupy unreserved Crown land Land Act 1958

Approval to enter or occupy reserved Crown land Crown Land Reserves Act 1978

Cultural Heritage Management Plan (CHMP) Aboriginal Heritage Act 2006

Land use agreement Native Title Act 1993

Agreements for swing moorings Port Services (Local Ports) Regulations 2004

Approval to alter or dredge channels for navigation in waters under the control of the waterway manager (Parks Victoria)

Marine Act 1988



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A planning permit, planning scheme amendment and coastal consent are sought as part of this request. Other approvals will be sought subsequent to consideration of the EES and planning and coastal consent requests.

A CHMP prepared to assess Aboriginal cultural heritage values and outline management recommendations to protect and manage Aboriginal cultural heritage has been approved by the Secretary of the DSE.

Approvals are not required under the Environment Protection and Biodiversity Conservation Act 1999, the Environment Protection Act 1970 and the Heritage Act 1995.

Environment Effects Act 1978

The Environment Effects Act 1978 requires consideration to be given to projects which have significant impacts on the Victorian environment.

In 2005, the Victorian Minister for Planning decided that an assessment of the environmental effects of the proposed Safe Harbour was required. The Minister issued EES Assessment Guidelines in May 2006 outlining the requirements for technical assessments to investigate potential environmental effects of the proposed Safe Harbour.

An EES has been prepared in conjunction with this planning and coastal consent request and it is intended that the EES and planning request will be exhibited and considered concurrently.

Planning and Environment Act 1987

The Planning and Environment Act 1987 establishes a framework for planning the use, development and protection of land in Victoria. This Act aims to achieve sustainable use and development of land, to protect natural and man-made resources, maintain ecological processes and genetic diversity and to provide an efficient and safe living and recreational environment for all Victorians and visitors to Victoria.

The Planning and Environment Act 1987 requires that every municipal Council prepares a planning scheme to regulate or prohibit the use or development of land. Mornington Harbour is located within the Mornington Peninsula Shire (MPS) and the MPPS sets out requirements for planning approval for the Harbour.

Section 96 A-N of the Planning and Environment Act 1987 outlines the process for combined planning scheme amendments and planning permit applications.



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Mornington Peninsula Planning Scheme

The Mornington Peninsula Planning Scheme (MPPS) sets objectives, policies and provisions regulating the use, development, protection and conservation of land within the Mornington Peninsula Shire including land 600 metres into Port Phillip.

The MPPS includes land use policy which comprises the:

State Planning Policy Framework (SPPF) which addresses issues of state importance.

Local Planning Policy Framework (LPPF) which contains local policy including a Municipal Strategic Statement (MSS) which outlines the key strategic planning, land use and development objectives, strategies and policies for the municipality and local policies intended to implement the MSS.

The MPPS includes zones which set out the type of use and development allowed on all land (including land below water) within the municipality. The MPPS contains overlays to manage the impacts of development and identify environmental constraints. The MPPS also includes particular provisions which apply to specified categories of use and development such as car parking and other general provisions, land use terms and definitions.

Clause 74 of the MPPS includes a definition of a “pleasure boat facility” which comprises land used to provide facilities for boats operated primarily for pleasure or recreation, boats operated commercially and includes a boat launching facility and a marina. This definition is considered to be the “best fit” definition for the proposed Safe Harbour.

The Harbour is located partly within the Public Conservation and Resource Zone (PCRZ) and partly within the Public Park and Recreation Zone (PPRZ) as shown in the zone plan. The table below summarises key zone and planning permit provisions for the proposed Safe Harbour.

Key Planning Permit Provisions for the Proposed Safe Harbour

Zone Zone Purpose Permit Requirement

Public Conservation and Resource Zone (PCRZ)

To protect and conserve natural environment and processes for their historic, scientific, landscape, habitat or cultural values and to provide facilities which assist in public education and interpretation of the natural environment and provide for appropriate resource based uses.

A pleasure boat facility which is not conducted by or on behalf of a public land manager or included in an incorporated plan is a section 3 use (prohibited).

To construct a building or construct or carry out works (not carried out by or on behalf of a public land manager or Parks Victoria or specified in an Incorporated



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Zone Zone Purpose Permit Requirement

Plan.

Public Park and Recreation Zone (PPRZ)

To recognise areas for public recreation and open space, protect and conserve areas of significance and provide for commercial uses where appropriate.

A pleasure boat facility which is not conducted by or on behalf of a public land manager or Parks Victoria or specified in an incorporated plan is a section 2 use (permit required).

To construct a building or construct or carry our works (not carried out by or on behalf of a public land manager or Parks Victoria or specified in an incorporated plan.

Overlays Overlay Purpose Permit Requirement

Environmental Significance Overlay (ESO25)

Applied to areas where development of land may be affected by environmental constraints to ensure that development is compatible with identified environmental values.

A permit is required under the ESO to construct a building or construct or carry out works and to remove destroy or lop any vegetation.

Heritage Overlay (HO228 Mornington Pier)

Aims to conserve and enhance heritage places of natural or cultural significance and ensure that development does not adversely affect the significance of heritage places.

A permit is required for buildings and works affecting heritage places including the Mornington Pier.

Zones and Overlays which affect Mornington Harbour are shown in the zone and overlay plans below.



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Zone Plan



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Overlay Plan



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Other relevant provisions of the Mornington Peninsula Planning Scheme include:

Clause 52.06 Car Parking which specifies the number of car spaces required for specific uses but does not list any of the uses proposed by the development.

Clause 52.07 Loading and Unloading of Vehicles requires that space is provided for loading and unloading vehicles but does not make provision for loading and unloading of vehicles such as boats.

Key policy contained within the MPPS includes:

SPPF

Clause 12 Metropolitan Development aims to ensure that land use and transport planning and investment contribute to economic, social and environmental goals.

Clause 15.01 Protection of Catchments, Waterways and Groundwater aims to assist the protection of the marine environment.

Clause 15.05 Noise Abatement aims to control of noise effects on sensitive land uses.

Clause 15.08 Coastal Areas aims to protect and enhance the natural ecosystems and landscapes of the coastal and marine environment and ensure sustainable use of natural coastal resources.

Clause 15.09 Conservation of Native Flora and Fauna aims to assist protection and conservation of biodiversity.

Clause 15.10 Open Space aims to assist creation of a diverse and integrated network of public open space commensurate with the needs of urban communities and rural areas.

Clause 15.11 Heritage aims to assist the conservation of places that have natural, environmental, aesthetic, historic, cultural, scientific or social significance.

Clause 15.12 Energy Efficiency aims to encourage land use and development consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

Clause 17.01 Activity centres aims to encourage the concentration of major retail, commercial, administrative, entertainment and cultural developments into activity centres.

Clause 17.04 Tourism contains an objective to encourage tourism development to maximise employment and long-term economic, social and cultural benefits.

Clause 18.02 Car Parking and Public Transport Access to Development seeks to ensure that parking is provided in accordance with forecast demand taking advantage of all available modes of transport and minimises impact on the amenity of surrounding areas.

Clause 19.03 Design and Built Form aims to achieve high quality urban design and architecture.



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LPPF

Clause 21.02 Profile of Mornington Peninsula acknowledges that Mornington Peninsula is a key local and regional recreation area and contains local boating facilities at Mornington.

Clause 21.03 Mornington Peninsula - Regional Role and Local Vision acknowledges the environmental values within the Mornington Peninsula and recognises that the Peninsula’s coastal and foreshore areas are of special recreational significance in Melbourne.

Clause 21.04 Mornington Peninsula Strategic Framework Plan which provides a framework for balanced development and sustainable land use on the Peninsula.

Clause 21.06 Strategic Framework and the Peninsula’s Settlement Pattern which acknowledges that major centres such as Mornington support a wide range of services and facilities.

Clause 21.07 Guiding Future Township Development contains strategy to provide facilities and infrastructure for visitors in appropriate townships and foreshore areas to consolidate the Peninsula’s recreational role.

Clause 21.08 Foreshores and Coastal Areas aims to provide coordinated coastal and foreshore management and identifies that coastal and foreshore areas are a major tourism and recreational resource.

Clause 22.04 Cultural Heritage Places aims to conserve, manage and enhance identified heritage places and states that particular regard should be given to the heritage values of foreshore and coastal areas.

Clause 22.05 Aboriginal Cultural Heritage aims to protect sites and features of Aboriginal cultural heritage.

Clause 22.18 Mornington Activity Centre Policy contains policy to protect view lines to Port Phillip, Mornington Harbour, Mornington Park, the foreshore and the Grand Hotel.

Key Coastal Legislation and Policy

Key coastal legislation and policy includes:

The Coastal Management Act 1995 provides for co-ordinated strategic planning, management, use and development of the Victorian coast and coastal Crown land. A consent is required under Section 37 of the Coastal Management Act 1995 to use and develop coastal Crown Land which forms part of the proposed Safe Harbour.

The Victorian Coastal Strategy 2008 (VCS) contains the following vision to guide decision making which affects the coast:



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‘A biologically and culturally rich, diverse coastal, estuarine and marine environment that is managed for its protection, sustainable use and enjoyment today and for future generations.’

The VCS provides detailed principles relevant to the proposed Safe Harbour as summarised below.

Summary of Relevant Principles for Victorian Coastal Strategy 2008

Theme Relevant Principles

Significant Environmental and Cultural Values

1.1 - Protect, improve and restore coastal, estuarine and marine features of scientific (i.e. biological, ecological, geological and geomorphological) significance 1.3 - Avoid interfering with the natural processes that shape the coast 1.5 - Conserve sites and landscapes of cultural, scientific, and historical significance

Integrated planning and direction for the future

2.2 - Ensure that the value of coastal resources are identified and the impacts of any proposed use or development on those values are understood and considered before decisions are made. 2.3 - Provide clear policy in relation to coastal, estuarine and marine planning and management that can be effectively implemented at the regional and local level through Coastal Action Plans, management plans, regional catchment strategies, planning schemes and governance arrangements allowing community input and scrutiny

Sustainable use of coastal natural resources

3.1 - Ensure an integrated analysis of economic, social, environmental and cultural heritage implications of decisions 3.2 - Manage community use of foreshore land, buildings and other assets to return the greatest public benefit while protecting environmental and social values

Ensure development on the coast is located within existing modified and resilient environments

4.1 - Direct development away from sensitive coastal areas and significant landscapes and manage it within existing settlements and activity centres, and within activity and recreation nodes 4.2 - Ensure that development on and adjacent to the coast is appropriately designed, and sited 4.3 - Enhance the community use, enjoyment and experience of the special coastal values 4.8 - Ensure appropriate development of service infrastructure to enhance the economic and social wellbeing of the community.

The Victorian Coastal Strategy 2008 contains challenges and objectives which relate to the proposed Safe Harbour as outlined below.

Summary of Relevant Objectives From Victorian Coastal Strategy 2008

Theme Relevant Challenges

Provide for the protection of significant environmental and

1.1 Marine biodiversity and ecosystems 1.5 Cultural values and heritage



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Theme Relevant Challenges cultural values Undertake integrated planning and provide clear direction for the future

2.1 Planning for Climate Change 2.2 Planning and managing use and development 2.3 Information, research and monitoring 2.4 Education, awareness and stewardship

Ensure the sustainable use of natural coastal resources

3.1 Recreation 3.1.1 Access 3.1.2 Boating 3.1.4 Coast Protection 3.2 Fishing and Aquaculture 3.3 Tourism

Suitable development of the coast

4.1 Planning for use and development. 4.2 Climate change. 4.3 Infrastructure on coast.

The VCS has a policy of planning for sea level rise of not less than 0.8 metres by 2100. The Victorian Coastal Strategy (Victorian Coastal Council, 2008) proposes that for planning purposes, a sea level rise of not less than 0.8 m should be assumed by the end of the century.

Given that the increase in sea level rise is likely to be non-linear, a sea level rise of 0.8m by 2100 is in line with a sea level rise of about 0.35m by 2060, encompassing the 50 year design life of the proposed pier and harbour wavescreens. The 2060 hundred year design water level adopted for this study of 1.7m incorporates this sea level rise, as well as an allowance for the effects of tide and storm surge.

Part 3 of the VCS contains specific outcomes, policies and actions related to boating including provision of safe boating facilities which are appropriately designed and sited for the local environment.

The Boating Coastal Action Plan (BCAP) provides a vision and policies to guide decisions relating to providing and improving boating facilities to guide future planning, management and funding of the network of recreational boating facilities within the central coastal region of Victoria. It identifies Mornington, Martha Cove and Rye as having a regional boating facilities and Blairgowrie as having a district role. The BCAP's aspirational future network of boating facilities shows Frankston, Mornington, Mount Martha and Sorrento as having a regional boating facility. The BCAP contains specific goals and policies for Mornington.

The Mornington Peninsula Shire Mount Eliza to Point Nepean Coastal Action Plan (MEPNCAP) applies to the Port Phillip coastline of the Mornington Peninsula Shire, from



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Mount Eliza to Point Nepean. It provides a mechanism for implementing the key goals of the Victorian Coastal Strategy and provides specific guidance on planning for the future of the coast between Point Nepean and Mount Eliza.

Siting and Design Guidelines for Structures on the Victorian Coast (May 1998) provides functional, cultural and aesthetic, and ecological guidelines for siting and design of structures on the Victorian Coast.

Landscape Setting Types for the Victorian Coast (May 1998) provides guidance in identifying important landscape features within the Victorian coast and notes that the Mornington area is of important scenic quality and requires special landscape protection.

Linking People and Spaces is a strategy for Melbourne’s open space network which identifies Port Phillip and its foreshore areas is one of the most important parts of Melbourne’s open space network and provides strategic direction for this area.

The proposed Safe Harbour has been designed and would be operated in accordance with Australian Standard 396302991 Guidelines for Design of Marinas, which provides guidance for on-shore facilities such as dry boat storage, boatlifts, boat ramps and associated parking facilities.

Key Land Management Legislation

The Crown Land (Reserves) Act 1978 makes provision for management and licensing of reserved Crown land. Part of the Mornington Harbour is located on reserved Crown land and approval would be required for the proposed Mornington Safe Harbour to enter or occupy reserved Crown land.

The Land Act 1958 makes provision for the occupation of unreserved Crown land, and authorises the issue of various types of leases and licences. Part of the proposed Safe Harbour is located on unreserved Crown land and approval is required for the proposed Safe Harbour to enter or occupy unreserved Crown Land.

Other Relevant Legislation, Policy, Strategy and Guidelines

An EES proponent is required to prepare a CHMP under section 49 of the Aboriginal Heritage Act 2006 to assess whether a project will have any impact on Aboriginal cultural heritage values and outline any management recommendations to protect and manage Aboriginal cultural heritage. A CHMP for the development has been approved by the Secretary of the Department of Planning and Community Development (DPCD).

The Native Title Act 1993 provides a framework for native title issues within Australia and specifies that all Crown land is potentially subject to a native title claim if native title has not



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been extinguished. As part of any application to occupy Crown land under the Land Act 1958 or Crown Land (Reserve) Act 1978, the proponent is required to enter into a Land Use Agreement with relevant Aboriginal groups. A Land Use Agreement is currently being negotiated with those groups claiming to assert native title rights in relation to the area of unreserved Crown land (waters of Port Phillip) which includes the Harbour.

Parks Victoria has responsibilities to provide services to the State and its agencies for the management of parks, reserves and other public land including management of:

Nominated Crown land reserved under the Crown Land (Reserves) Act 1978.

Piers and jetties in Port Phillip and Western Port Bays and recreational boating on these bays pursuant to powers conferred by the Marine Act 1988 and the Port of Melbourne Authority Act 1958.

Other areas as specified under the Parks Victoria Act 1998.

The Marine Act 1998 and the Marine Regulations 1999 provide for the efficient and safe operation of vessels on state waters and implement international maritime conventions regarding safety. Approval may be required under the Marine Act 1998 to alter or dredge channels as the proposed Safe Harbour may require that a small volume of sediment (~1,600 m3) be dredged from an area adjacent to the existing slipway to provide for the travel lift.

Marine Safety Victoria administers the marine safety requirements and standards set out in the Marine Act 1988. These relate to harbour masters and pilots licences to navigation aids and dredging standards.

PV is the local port waterway manager for Port Philip, the functions of which are defined in the Port Services Act 1995. The proposed Safe Harbour requires approval under these Regulations, to certify the design and construction standards of the wavescreen and associated infrastructure.

The Schnapper Point Framework Plan is currently being prepared by Mornington Council. At the time of the publication of this report the framework plan was unavailable. Mornington Yacht Club will provide comment as supplementary information when the framework plan becomes available.

Proposal Background

The following alternative locations and designs for a Safe Harbour have previously been considered by MPSC and the Victorian Government:

In 1987 the Mornington Safe Harbour Feasibility Study (GHD McKnight) identified the need to provide a “safe boat haven” involving construction of a 300m rock breakwater following the



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alignment of Mornington Pier and extending past the Pier in a curve out to the 9m contour before veering towards the shoreline.

The Mornington Boating Facilities Study and Environment Effects Statement was prepared in 1990 (Loder and Bayly Consulting Group) as a strategic assessment of potential alternative locations including Mornington Harbour, Royal Beach, immediately south of Linley Point and South of Linley Point. Following an examination of potential environmental, social and economic impacts, Mornington Harbour was considered the most appropriate location for a Safe Harbour. The preferred development concept comprised a breakwater extending 14m past the end of Mornington Pier and extending at a right angle for a further 150m.

The Mornington Boating Facilities Study and Environment Effects Statement was exhibited in 1991, assessed by an independent panel in December 1991 and in August 1993 the former Minister for Planning supported the general intent of the EES’s preferred development concept. However, in 1994 after receiving further information, the Minister wrote to the MPSC and MYC withdrawing support following the provision of additional information which identified potential issues with flushing and water quality and impacts on surrounding beaches.

History of Current Proposal

In 2004, MYC commissioned SKM to carry out a feasibility study of the maritime engineering aspects of a safe harbour at Mornington which found that construction of a Safe Harbour at Mornington is feasible from a maritime engineering perspective.

In November 2004, representation was made to the Minister for Planning to determine the extent of environmental assessment required. In August 2005, the Minister for Planning determined that the proposed Safe Harbour project required an EES and DSE subsequently issued EES Assessment Guidelines for the Proposed Safe Harbour Development, Mornington in May 2006.

A TRG comprising representatives from key agencies including DPCD, DSE, Heritage Victoria (HV), Environment Protection Authority (EPA), MPSC and Parks Victoria (PV) was established to provide technical guidance for investigation works required under the EES.

Development of Safe Harbour Concept and Technical Reports

MBHL commissioned SKM to prepare a Safe Harbour concept and technical reports based on document reviews, site investigations, and comprehensive technical assessment.

The Safe Harbour concept plan, EES and planning application request have been developed following extensive consultation with the community, stakeholders, MPSC and State government authorities and has been guided by input from the TRG.



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Community and stakeholder consultation has included a series of community surveys and newsletters in December 2007 and January 2008 and a community information day on 6 March 2008 to provide the local community and interested stakeholders with information about the preliminary findings of the technical studies. Further community input on the planning request and EES will be sought through the public exhibition process.

Need for Proposed Safe Harbour

Regional Context

Development of a proposed Safe Harbour at Mornington is consistent with the strategic framework for future provision of boating facilities outlined in the BCAP. The location of the proposed Safe Harbour at Mornington would improve existing regional boating facilities by providing a Safe Harbour and improved public access and address the need for an open access all weather Safe Harbour between Blairgowrie and Sandringham.

Rationale for Location of Safe Harbour

Consideration was given to developing a Safe Harbour in other locations within the broader Mornington area including Royal Beach, Linley Point and south of Linley Point. Mornington Harbour was considered the most appropriate location for a Safe Harbour for the following reasons:

Redeveloping this site was considered to have fewer impacts on the marine environment and coastal processes.

The Harbour area has existing pedestrian and vehicular access to the coast and provision for boat and trailer parking.

The Harbour landscape comprises a modified landscape and no vegetation or sea grass is required to be removed or modified to facilitate development of the proposed Safe Harbour.

Boating infrastructure is an existing feature of the coastal landscape and amenity of the area.

The Harbour is located in one of the few sheltered positions along this section of Port Philip and would require less wave protection and physical infrastructure than in other locations.

This location would maximise use of existing infrastructure which has involved a substantial financial investment. By enhancing this infrastructure, it will also minimise overall development costs and result in a more financially viable improvement to regional boating infrastructure rather than building new infrastructure in an alternative location.

The Harbour is located in close proximity to the Mornington Activity Centre which is a nominated Major Activity Centre in Melbourne 2030 intended to provide a mix of land uses



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and to service a range of functions including retail, business, residential uses for a broader catchment.

Adequacy of Existing Harbour

The existing rock breakwater and close piling along the existing Mornington Pier provides protection from waves coming from the west and south-west but the main Harbour area remains exposed to storm waves from the west and to the north.

During northerly storm conditions there is no ability to launch rescue craft from the public boat ramp putting the safety of members of the public at risk. The safety of other water users including swimmers, kayakers, divers and school groups has been compromised during severe northerly wind conditions. Provision of a Safe Harbour at Mornington would provide safer water and more protection for a wide range of activities such as boat mooring, boat launching, boat training, diving, kayaking, swimming and other water based activities. It will enable users of the Harbour to safely access the Harbour all year round in all weather conditions.

Proposal

Combined Planning Permit and Planning Scheme Amendment Request

The DSE EES Assessment Guidelines for the Proposed Safe Harbour Development, Mornington recommended integrated consideration of EES and planning approvals. A combined planning scheme amendment and planning permit application is sought for the development of the proposed Safe Harbour pursuant to Sections 96A to 96N of the Planning and Environment Act 1987. This process allows a planning authority to simultaneously prepare and give notice of a proposed amendment to a planning scheme and notice of an application for a permit.

This planning request is intended to be exhibited and assessed concurrently with an EES prepared to assess the environmental impacts of the proposed Safe Harbour. Following exhibition, an independent Panel/Advisory Committee is likely to be appointed to consider submissions from both the planning and EES processes and make recommendations in a single panel report.

Planning Scheme Amendment Request

This request is for a planning scheme amendment to rezone part of the Mornington Harbour including land and the sea bed located within the PCRZ to the PPRZ. This would result in the whole Mornington Harbour being included in the PPRZ.



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A draft explanatory report which discusses why the amendment is required and addresses key social, environmental and economic impacts of the amendment and its consistency with state and local planning policy and other supporting amendment documents have been prepared.

Planning Permit Request

A planning permit is requested to develop the Mornington Harbour as a Safe Harbour facility for:

Use of land (including the sea bed) for a Safe Harbour (pleasure boat facility) in the PPRZ.

The construction of buildings and construction or carrying out of works in the PPRZ.

The construction of buildings and construction and carrying out of works within land affected by the existing Environmental Significance Overlay (ESO25).

The construction of buildings and construction or carrying out of works within the extent of Heritage Overlay (HO228) which affects part of the Mornington Pier.

The proposed use and development of land for a Safe Harbour includes the following components:

A Harbour Wavescreen, to be located east of the existing Pier, approximately 210m long and along the 7m depth contour.

A north-west facing wavescreen along the full length of Mornington Pier 73m from the landward end of the Pier.

A perpendicular extension of the Pier which will extend approximately 20-30 m south east of the existing Pier.

Approximately 170 floating berths arranged as marina pens, generally orientated in a north-south arrangement, (to be installed in stages.

8 ‘fore and aft’ moorings to the south of the third marina arm.

12 swing moorings to the east of the first, second and third marina arms.

10 public berths and 10 emergency and police berths.

A new public jetty parallel to the south of the existing Pier to provide access to the marina.

New lighting on the public jetty, pier extension and pen berths.

Provision for disabled access via the low level public jetty.

Off-shore reef to prevent beach erosion if required (on-going montoring if sand movement prior to introduction of off-shore reef).

A public walkway and viewing plafrorm above the wavescreen.

A travel lift combined with a new wash down facility to replace the existing slipway.

Wash down facilities linked to the travel lift.



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Removal of existing slipway (coordinated with installation of the travel lift).

A public sewage pump out facility for onboard wastewater tanks.

A public re-fuelling facility.

Underground fuel storage tank of approximately 30 000 litres and associated underground services trench.

A new marina manager’s office, within the existing MYC building.

Refurbishment of the existing visitor toilets and showers.

Modifications to existing public car park to improve vehicle access and pedestrian safety.

Shuttle bus from public car park to Mornington town centre.

No new commercial uses, landscaping or structures are proposed for the Mornington foreshore area.

Safe Harbour Design

The key objective of the Safe Harbour design is to provide for safe conditions in the Harbour all year round in all weather conditions for an increased number of recreational vessels, including protection of moored vessels and boats during storm events from the west and the north. It has also been designed to provide increased protection for a wide range of recreational activities such as diving, kayaking, swimming and other water based activities.

The proposed design accommodates the findings of numerous engineering, environmental and social assessments and has been designed in accordance with the Guidelines for Design of Marinas (AS 3962-2001).

Parks Victoria Pier Protection Works

The Victorian Government has previously allocated $3.5 million to undertake works to the Mornington Pier including replacement of the middle 73 metre section of the Pier and construction of a vertical wave screen for the same section of the Pier. PV obtained planning approval for these works in 2009.

Detailed Design of Safe Harbour

Pier Wavescreen and Extension

Technical assessments have identified that full length Pier Wavescreen and a Pier extension (including a wavescreen) are needed in conjunction with the Harbour wavescreen in order to



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achieve a ‘good wave climate’ within the Harbour in all weather conditions. The full length wavescreen on the seaward end of the Pier is proposed to extend from the middle to the end of the Pier and consist of reinforced concrete panels supported on a frame of tubular steel piles and crossheads. Each panel is proposed to be supported by a pair of piles, one vertical and one raked at each panel edge. The Pier Wavescreen is proposed to comprise a concrete wall which extends to the seabed.

The 20m Pier extension is proposed to be a similar design to the Harbour Wavescreen and Pier Wavescreen. It is intended to be a full depth structure made of reinforced concrete panels supported on a frame made of tubular steel piles and concrete crossheads. Timber decking is proposed to cover the extension so that it acts as a continuation to the existing Pier.

Harbour Wavescreen

A 210m long Harbour Wavescreen is proposed to be constructed, on the northern boundary of the Safe Harbour, at the 7m depth contour. It is proposed to have an approximate height of +4m CD above high water mark. It is proposed to contain a 2.5 m wide public walkway along its entire length and a public viewing platform on the western end. The deck of the public jetty would be approximately 2.5 metres above the water line at high tide and a further 800 mm above the water line at low tide. The railing would be a further 900mm above the public walkway deck on top of the Wavescreen.

The Wavescreen has been designed to provide protection for 1 in 200 year waves and to allow for anticipated sea level rise of 0.4m.with an overall design life of 50 years. The proposed Wavescreen would consist of reinforced concrete panels supported on a frame of tubular steel piles and concrete crossheads.

Public Jetty

A 3m wide 130 m long public jetty is proposed to run parallel to and south of the Pier and extend two thirds of the existing Pier’s length. It is intended to be open to the public to walk along and include a viewing platform which leads onto the Harbour wavescreen. Public visitor berthing is proposed to be provided along the length of both sides of the public jetty.

Berths and Moorings

Three marina arms are proposed behind the Harbour Wavescreen with approximately 170 floating pen berths. The two outer marina arms are proposed to connect to the foreshore via a new public jetty, while Fisherman’s Jetty is proposed to be retained and used to provide access to the third marina arm. The marina arms are proposed to comprise 2.4m wide floating concrete pontoons



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400mm above sea level with low level lights 700mm above the pontoon deck. A gated entrance is proposed to each of the marina arms and access to the pontoons from the jetty will be by 1.8m wide gang planks.

It is proposed that the 170 floating pens will be taken up by MYC members and the public.

A total of 10 additional public visitor berths are proposed to along the Pier side and shore side of the new public jetty. Ten emergency services and police berths are also proposed along the new public jetty and adjacent areas to accommodate rescue boats, police boats and other boats requiring emergency refuge. Up to 3 berths would be removed at the end of Fisherman’s Jetty at the connection to the proposed marina, which would result in an overall increase of berths administered by PV from approximately 30 to 37 berths.

It is proposed to locate ‘fore and aft’ moorings to the south of the third marina arm for approximately 8 boats and swing moorings to the east of the first, second and third marina arms for approximately 12 boats. These moorings would provide a low cost option for interested members of the public and MYC and would be operated under an agreement from PV similar to current arrangements.

The proposed swing moorings would comprise environmentally sound moorings which are proposed to be anchored to the seabed. It is anticipated that boat owners will supply their own tackle to attach the boats to the moorings.

Fairways

A fairway, providing access to the berths, Fisherman’s Jetty and the public boat ramp would allow for manoeuvrability of the largest boats within the MYC fleet. The Safe Harbour design would also ensure that there is a navigable fairway along the harbour side of the Pier.

Lighting

A limited amount of additional lighting is proposed to provide safe pedestrian access to the proposed Safe Harbour as follows:

6 overhead lights are proposed on the walkway on top of the wavescreen.

4 overhead lights are proposed on the new public jetty.

Low level down lights mounted on bollards 0.7 m high on the finger jetties to provide access to the pen berths and for security of vessels.



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The overhead lights would be of a similar type and height to existing overhead lights on Mornington Pier and the public jetty. Low level lighting would be provided on the sewage pump out facility and refuelling facility to provide for emergency use of these facilities. Navigational lighting is proposed to be installed on the buoys which mark the boat lanes. All lighting will be designed and located to minimise glare for vessels navigating in the vicinity of the Harbour.

Refuelling Facility

A refuelling facility is proposed to be located at the end of the new public jetty on a floating pontoon with fuel and pump out facilities (refer to Concept Plan, Appendix L). This location would minimise risk to public safety in the event that any fire or explosion occurs as it is separated from the berths and other public facilities.

The underground storage tank is proposed to be a double skinned underground storage tank designed to meet Guidelines on the Design, Installation and Management Requirements for Underground Petroleum Storage Systems. The footprint of the underground storage tank would be approximately 5m x 3m x 3m. The underground tank would be located so that it can be refuelled by a tanker without disruption to the adjacent carparking areas.

The above ground fuel bowser is intended to be designed to comply with AS 3692-2001. It will comprise double containment fuel lines over water and equipment which can be used to contain and clean up any fuel spillage and will also comprise durable materials which are able to withstand the marine environment including the effects of salt spray.

The refuelling facility would be managed as part of the broader Safe Harbour. An Environment Management Plan (EMP) is proposed to contain a refuelling management plan, with details regarding the construction and operation of the refuelling facility to ensure that its installation and use minimises any impact of pollution on the Harbour.

Sewage Pump-Out Facility

A sewage pump out facility is proposed to be located along with the fuel services on a floating jetty alongside the new public jetty to provide sewage pump out facilities for onboard wastewater tanks. This would be connected to the existing sewage system and electricity supply.

The sewage pump out facility unit is anticipated to consist of a stainless steel cabinet approximately 1m in height, 600mm wide and 800mm in depth. The facility is proposed to contain a suction hose and suction pump to extract waste from boat holding tanks and would operate in accordance with the Best Practice Guidelines for Waste Reception Facilities at Ports, Marinas and Boat Harbours (ANZECC 1997) and the EPA Guidelines for Cleaner Marinas (1998).



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Disabled Access

Low level access for people with a disability and/or limited mobility would also be provided to small and larger boats via the floating pontoons leading from the new public jetty to the second marina arm.

Amenities

A total of 5 public toilets, 1 urinal and 5 showers are currently provided within the MYC building and are connected to the sewage system and electricity supply. These facilities are intended to be refurbished and would be available to Safe Harbour users and visitors to the MYC at all times (24 hours per day, 7 days per week) under MYC controlled and secured conditions.

Firefighting Equipment

Firefighting equipment to the proposed Safe Harbour is proposed to be provided in accordance with AS 3962-2001. Fire hydrants will be provided adjacent to the head of each gangway and reels will be located to reach the pen berths. Fire extinguishers would also be provided within the proposed Safe Harbour.

Manager’s Office and New Toilets

A Harbour Manager’s office is proposed to be provided within the existing MYC building. New toilets are proposed and all works are contained within the existing building footprint. The toilets are for MYC members, guests and safe harbour lessees.

Existing MYC Building

No changes are proposed to the operation or size of the existing MYC building within the existing building footprint including the operation of the Restaurant or liquor licence.

Car Parking and Shuttle Bus Service

There are limited opportunities for the provision of additional car parking at Schnapper Point and no additional car parking is proposed by this application. A shuttle bus service operated by MBHL is proposed for Harbour users on race days and possible shuttle routes have been identified. MBHL also commissioned SKM to prepare a report containing preliminary sketch options for a potential redesign of the lower car park area at Mornington Harbour to improve safety for pedestrians and vehicles and increase the overall parking yield.



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Beach Monitoring

Detailed beach monitoring is proposed in the first year following development of the proposed Safe Harbour to assess any change in beach alignment over winter months. Sand would be relocated back to the existing alignment with an excavator and truck on an annual basis during the spring months (if required). Consideration would also be given to the need for an artificial reef following detailed monitoring of the beach alignment during the first year of operation.

The Coastal Processes Assessment undertaken for the EES has indicated that approximately 1,000m3 of sand would need to be relocated each year.

Construction Activities

Key construction activities proposed are summarised in the table below.

Summary of Construction Activities

Construction Activity Construction Method

Public Jetty Precast deck units, timber fender and screen panels to be trucked to the site. Piles will be driven into the seabed and high density polyethylene (HDPE) sleeves installed. Pre cast crossheads and in-situ concrete will be put in place followed by the deck units and timber fender panels and handrails.

Harbour and pier wavescreens

Driving piles into the seabed at approximately 5-6m. Barge materials for the wavescreen to the site and use cranes to transfer the materials to the construction plant. Pre-cast pile caps will be installed with in-situ connections. Steel piles will support the in-situ concrete longitudinal beam which would be connected to the precast wavescreen panels.

Marina berths Trucked pontoons to the site and then tow them via a barge to the appropriate berth locations. The walkways and fingers will then be assembled and services installed.

Travel lift Demolish the slipway, timber piled dolphins, concrete slab and timber jetties. Excavation may be required for a small volume of sediment (~1,600 m3) adjacent to the existing slipway most likely by an excavator and truck comprising approximately 160 truck loads of sediment.

The sheet pile retaining wall would then be driven into the seabed and runway piles and beams installed.

Sewage pump out facility An above ground unit is proposed to be installed and connected to the sewage system via a pipe.

Refuelling facility Excavation under the north east of the car parking area for the underground storage tank. Installation would be undertaken in accordance with the Victorian EPA Guidelines on the Design, Installation and Management Requirements for Underground Petroleum Storage Systems (2003).



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Construction Activity Construction Method

Car park No construction works are proposed as a part of the redesign of the car parking layout, apart from grading between the current split levels of the car park near the foot of Mornington Pier. It is proposed that the redesign would involve re-painting the car parking layout to allow for a simpler search pattern.

Construction of the proposed Safe Harbour is anticipated to take approximately 18 months. An EMP which contains a Construction Management Plan (CMP) setting out management measures to minimise any impacts on the environment or amenity during the construction processes is proposed to be developed prior to the commencement of any works.

Proposed Lease Area

Following consideration of the planning application and the EES, MBHL intend to seek an amendment to the Crown land lease. The exact area of additional land sought to be leased has not been determined. However, it is anticipated that it would include land a small area of land surrounding the proposed refuelling facility, sewage pump out facility and travel lift.

It is also anticipated that the existing agreement to occupy areas of Crown land on the seaward side of the Harbour on land managed by Parks Victoria and DSE would need to be modified. Some amendment to the Committee of Management boundaries may also be required to streamline management of the Harbour area.

On-going Operation and Maintenance

The ongoing operation of the Safe Harbour would be similar to the operation of the current Mornington Harbour. A Safe Harbour Management Plan is proposed as a planning permit condition to guide overall management of the proposed Safe Harbour. No major replacement of infrastructure is anticipated over the 50 year design life of the Safe Harbour.

Draft Permit Conditions

Draft planning permit conditions (see Appendix T) have been prepared as part of this planning request and outline construction measures, operational measures, beach renourishment requirements, wastewater management and other matters.

It is anticipated that the draft planning permit conditions will evolve over the application process as Council considers and exhibits the application including the draft permit and when a panel considers any submissions and the merits of the application.



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Environmental Management Plan

A Framework Environmental Management Plan (EMP) has been prepared to provide an operating framework for environmental management measures outlined in the EES and planning permit request.

A detailed EMP is anticipated to address detailed environmental issues and monitoring regarding the construction and operational phases of the proposed Safe Harbour. It is anticipated that the planning permit would be drafted in such a way that development of the Safe Harbour could not commence until the proposed EMP is prepared and approved.

The MPSC could monitor the planning permit to ensure that the EMP were being met and enforcement action could be taken if it was found that any conditions of the planning permit, including the provisions of the EMP were not being complied with.

Planning Assessment

This planning report assesses the impacts, mitigation measures and policy assessment based on the technical assessments prepared to support the EES and the planning applications. This assessment is summarised in the table below.



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Planning Assessment Summary

Issue Impacts and Mitigation Measures Policy Assessment

Wave climate The proposed Safe Harbour would lead to positive benefits by providing safer wave conditions all year round within Mornington Harbour.

The proposed Mornington Safe Harbour would be consistent with:

Objectives of Clause 12 Metropolitan Development which aim to provide safer, functional urban environments.

Clause 12 Geographic strategies which aim to protect coastal and foreshore environments and improve public access and recreation facilities around Port Phillip and Western Port as it will lead to an improved recreational facility.

Clause 21.08 Foreshores and Coastal Areas which specifies that new structures on the foreshore are limited to designated activity nodes and tourism centres identified in the Victorian Coastal Strategy.

Objective 3.1 and 3.3 of the VCS which seek to improve enjoyment and safety for beach and water users and to ensure active management of public risk.

Boating CAP theme 3 which promotes the provision of a Safe Harbour at Mornington.

Coastal processes

Management measures have been developed to manage potential changes in coastal processes, including monitoring the beach alignment, annually relocating sand and constructing an off-shore reef (if required).

A permit condition is recommended to monitor the impacts of the proposed Safe Harbour on coastal processes and to ensure that beach renourishment works are appropriately managed. A further permit condition is also recommended to ensure that materials and colours of the off shore reef (if required) match the existing rock reef.

The proposed Mornington Safe Harbour would be consistent with:

Clause 12.05 Metropolitan Development as the proposed monitoring and construction of an artificial reef (if required) will ensure that impacts on the existing landscape qualities of the foreshore are minimised.

Clause 21.08 Foreshores and Coastal Areas which aim to minimise the impact of development on the character of the foreshore area or result in environmental degradation or a decline in community benefit.

Siting and Design Guidelines for Structures on the Victorian Coast which recommends



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that renourishment is a preferred management option for managing beach erosion.

Hydrodynamics, water quality and marine ecology

A series of management measures are proposed to ensure that existing water quality in the Harbour are maintained and potential impacts on marine ecology are minimised.

Sewage pump-out facilities are proposed to be provided and a sewage management plan is included as a draft permit condition.

The proposed Safe Harbour consistent with the following policy which seeks to maintain existing water quality and marine ecology:

Objectives of Clause 15.08 Coastal Areas which aims to protect and enhance the natural ecosystems of the coastal and marine environment and to protect and maintain areas of environmental significance.

Clause 15.09 Conservation of Native Flora and Fauna which aims to assist biodiversity conservation and protection of habitats for native plants and animals.

Clause 21.08 Foreshores and Coastal Areas which aims to ensure coordinated management of coastal areas including the inter-relationships between drainage systems, effluent disposal and water quality conditions on the coast and in the bays.

Clause 42.01 Environmental Significance Overlay, Schedule 25 which aims to protect coastal areas and associated marine habitats.

The VCS which aims to protect the coastal environment and direct land use and development in an appropriate manner.

The Boating CAP which provides a series of principles and policies to improving boat facilities in sustainable way.

Energy efficiency and greenhouse gas emissions

The activities associated with the proposed development are not greenhouse intensive and most emissions would occur during the construction phase.

A permit condition is proposed to require a Construction

The proposed energy efficiency and greenhouse gas mitigation measures would be consistent with the sustainability principles embodied in Clause 15.12 Energy Efficiency.



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EMP which will implement relevant recommendations from the technical report.

Noise Amenity is not anticipated to be reduced by noise emissions from construction or operation and no vibration impacts are likely to affect any residential uses.

Noise impacts are proposed to be addressed through proposed permit conditions including a Construction and Site Management Plan which would outline procedures related to noise control and limit construction hours. A Safe Harbour Operation Plan will also ensure that the amenity of the area is not detrimentally affected through emission, noise or vibration.

The proposed Safe Harbour would be consistent with the following policy regarding noise:

State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No N-1 (in Metropolitan Melbourne).

Clause 15.05 Noise Abatement as noise impacts generated by this development are not anticipated to affect sensitive land uses including neighbouring residential properties.

Stormwater Water quality would be maintained and existing marine habitat values would be protected.

The proposed Safe Harbour would be consistent with the following policy which seek to maintain existing water quality:

Objectives of Clause 15.08 Coastal Areas which aims to protect and enhance natural ecosystems of the coastal and marine environment and to protect and maintain areas of environmental significance.

Clause 15.09 Conservation of Native Flora and Fauna which aims to assist biodiversity conservation and protection of habitats for native plants and animals.

Clause 21.08 Foreshores and Coastal Areas which aims to ensure coordinated management of coastal areas including the inter-relationships between drainage systems, effluent disposal and water quality conditions on the coast and in the bays.



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Clause 42.01 Environmental Significance Overlay, Schedule 25 which aims to protect coastal areas and associated marine habitats.

The VCS which aims to protect the coastal environment and direct land use and development in an appropriate manner.

The Boating CAP which provides a series of principles and policies to improving boat facilities in sustainable way.

Broader social and economic issues

The Safe Harbour would provide additional boating and associated facilities for use by the public and MYC members and the proposed wavescreens would create a wave climate which would also benefit users of public facilities including the divers, fishers and recreational boaters which will result in positive social impacts.

The economic impacts of the proposed Safe Harbour would be positive during both the construction and operational phase due to its potential to generate additional tourism opportunities and increase the overall amount of people visiting the Harbour.

The proposed Safe Harbour would be consistent with the following policy:

Clause 12 Metropolitan Development, which aims to facilitate sustainable development taking advantage of existing settlement patterns and investment in facilities including social facilities, as is it comprises an upgrade of existing public and private boating and recreational infrastructure located at the edge of an existing activity centre.

Clause 12 Metropolitan as it provides facilities which generate visitors to the area and would strengthen Mornington Harbour as a desirable tourist destination.

Clause 17 Economic Development which aims to provide attractive environments for community activities and includes strategies to encourage development of well designed and sited tourist facilities which have access to suitable transport and are compatible with and build upon the assets and qualities of surrounding urban activities and cultural and natural attractions.

Clause 15.08 Coastal Areas which aims to achieve development which provides an environmental, economic and social balance and recognises and enhances the community’s value of the coast.



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Clause 21.07 Guiding Future Township Development which aims to improve community access to a range of commercial and retail services and to manage commercial activity on foreshore areas to avoid adverse impact on activity levels of town centres and maintain a focus on uses which are dependent on a foreshore location. The proposed use and development does not comprise any expansion to existing restaurant or kiosk facilities within the foreshore and does not comprise any retail uses which would impact on the Mornington Activity Centre.

Clause 21.08 Foreshore and Coastal Areas which aims to achieve coordinated development of public and private facilities which increases the sustainable social, economic and recreational value of the coast and foreshore to the community.

Objective 3.8.1 and 3.8.8 of the VCS as the proposed public jetty, marina berths and public berths will contribute to the diversity of tourism opportunities provided in the Mornington Major Activity Centre, and improve the quality of service experiences and products provided in the activity centre.

Fishing The impacts of the proposed Safe Harbour on fishing would be largely positive as it will increase the overall areas where fishing from structures can occur and would increase overall opportunities for fishing from boats.

The proposed Safe Harbour would be consistent with Clause 21.08 Foreshores and Coastal Areas which aims to achieve coordinated development which increases the social, economic and recreational value of the coast and foreshore to the community.

Non Boating Recreation

The proposed Safe Harbour will retain and enhance swimming and recreation opportunities off Mothers Beach through the provision of a more consistent wave climate and will increase opportunities for walking and general recreation through the addition of a public walkway on top of the wavescreen, the new public jetty and extension of

The proposed Safe Harbour is consistent with:

Clause 12 Metropolitan Development which aims to improve public access and recreation facilities around Port Phillip and maintain Metropolitan Melbourne as a desirable tourist destination.

Clause 21.08 Foreshores and Coastal Areas which aims to achieve coordinated



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the Pier.

A planning permit condition is proposed which requires that a CMP is prepared to manage the impacts of construction and limit the amount of time where areas of the Harbour are not available for walking and general recreation.

development which increases the social, economic and recreational value of the coast and foreshore to the community.

Restaurant and Kiosk

The proposed use and development would have positive impacts on dining opportunities within the Precinct.

Permit conditions including a CMP are proposed to manage access and amenity impacts on the Restaurant and Kiosk.

The proposed Safe Harbour would be consistent with Clause 21.08 Foreshores and Coastal Areas which aims to achieve coordinated development which increases the social, economic and recreational value of the coast and foreshore to the community. It is also would be consistent with Clause 21.07 Guiding Future Township Development as it will provide improved facilities for visitors to foreshore areas and will not affect the activity levels of the town centre.

Aquaculture The proposed development would not impact on existing commercial moorings located on Fisherman’s Jetty or any aquaculture operations.

The proposed Safe Harbour is consistent with policy contained in Clause 15.01 Protection of catchments, waterways and groundwater as it would not lead to any adverse impacts on the marine environment used for aquaculture. In addition, it would also be consistent with Clause 15.08 Coastal Areas which aims to ensure sustainable use of natural coastal resources as it will not impact on use of coastal resources used for aquaculture.

Cultural Heritage The impacts of the proposed development on European cultural heritage within the Harbour and the surrounding area would be minor. The proposed Safe Harbour would not impact on the heritage values of neighbouring heritage places including the Schnapper Point Exploration Site, Mornington Public Park or the Football Disaster Memorial as no changes are proposed to any of these heritage

The proposed development would be consistent with:

Clause 12.05-2 which aims to protect heritage places and values.

Clause 15.11 Heritage which aims to conserve and protect heritage places.

Clause 22.04 Cultural Heritage Places which aims to conserve, manage and enhance identified heritage places.



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places.

The only site to be significantly impacted would be the slipway, which is proposed to be removed. This has been identified as having a low level of heritage significance and consultation with HV has indicated that they were not opposed to this activity. There will also be minor to moderate impacts on Mornington Pier. HV also indicated that they are not opposed to the proposed works to the Pier.

The proposed Safe Harbour would not be likely to impact on an Aboriginal place or area of archaeological sensitivity. The two Registered Aboriginal Party applicants for the area have been consulted and Aboriginal cultural heritage values have been taken into account. A CHMP for the proposed development has been prepared and approved.

Clause 22.05 Aboriginal Cultural Heritage which aims to protect sites and features of Aboriginal cultural heritage and archaeological significance.

Principle 1.5 of the Victorian Coastal Strategy 2008 which seeks to conserve sites and landscapes of cultural, scientific, and historical significance.

Traffic and Car Parking

The proposed development will generate relatively low volumes of traffic and will not increase congestion noticeably.

The proposed Safe Harbour would generate an increased parking demand some of which will be generated by users of the marina berths and some by other users of the Harbour including fishers, passive recreation activities, swimmers and small recreational craft.

A shuttle bus is proposed to cater for any increased car

The proposed Safe Harbour would be consistent with the following policies:

Clause 12 Metropolitan Development which aims to facilitate development which takes full advantage of investment in transport facilities as it makes use of existing public parking.

Clause 17 Economic Development which aims to provide good accessibility by all available modes of transport and safe pedestrian and cycling routes and to facilitate ease of pedestrian movement between components of centres, public transport interchanges and parking areas. Modifications to the public car parking layout would assist in improving vehicle and pedestrian access to the proposed Safe Harbour from



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parking demand generated as a result of the development in peak periods. Outside of peak summer times there will be sufficient parking in the area to meet parking demand. A proposed permit condition requires preparation of a Traffic Management Plan to provide details regarding the operation of the shuttle bus service.

the Mornington Activity Centre.

Clause 18.02 Car Parking and Public Transport Access to Development which seeks to ensure access is provided to development in accordance with forecast demand taking advantage of all available modes of transport and to minimise impact on existing transport networks and amenity of surrounding areas. The proposed Safe Harbour responds to forecast demand for car parking in peak times by proposing operation of a shuttle bus service.

Clause 52.06 Car Parking as it promotes efficient use of car spaces and an appropriate number of car spaces having regard to the nature of the locality which restricts the provision of additional parking areas.

Objective 4.2 of the VCS which seek to reduce the impact of vehicles in the coastal environment.

Mt Eliza to Point Nepean CAP and the Mornington Activity Centre Structure Plan which aim to improve access between activity centres and recreational facilities in the coastal environment.

Landscape and Visual

The landscape and visual impacts of the proposed Safe Harbour would be minor.

Permit conditions are proposed to ensure that the amenity of the area is not detrimentally affected through the appearance of any building, works or materials or the emission of artificial light does not prejudicially affect the amenity of the locality. A further condition also proposes low level intensity lighting of jetties and accessways to


Urban design strategies contained within Clause 12 Metropolitan Development.

Clause 19.03 Design and Built Form objectives which promote good urban design as it proposes complementary design and materials of new structures.

Clause 15.08 Coastal Areas which aims to protect and enhance natural ecosystems and landscapes of the coastal and marine environment as it is in scale with the setting of the bay and does not create any significant negative visual outcome for the locality.



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ensure that pedestrian accessways are adequately illuminated during evening periods without any loss of amenity to occupiers of adjoining land.

Clause 15.08 Coastal Areas which requires that planning for coastal areas protects visually significant landscapes, views and vistas in coastal areas and has regard to the Coastal Spaces Landscape Assessment Study and the Siting and Design Guidelines for Structures on the Victorian Coast.

Schedule 25 to the Environmental Significance Overlay, which requires that structures are sited and designed to integrate with and complement the surrounding coastal landscape.

The Coastal Spaces Landscape Assessment Study and the Siting and Design Guidelines for Structures as the proposed structures are low-scale and will not dominate the landscape or affect the important scenic qualities of the coast.

Public Safety and Emergency Rescue

The proposed Safe Harbour would result in public safety benefits including improved protection to the public, accessing or mooring vessels, using the existing public boat ramp, improved access in case of emergencies and more protection for a wide range of activities including, diving, kayaking and other water based activities.

Increased lighting and installation of railings along the Harbour wavescreen, new public jetty and Pier extension will improve public safety and assist in preventing falling hazards. The proposed Traffic Management Plan would also address pedestrian and vehicle safety issues.

Potential public safety hazards such as spillage of hazardous substances are proposed to be managed


Objectives of Planning in Victoria by securing a safe recreational environment for all Victorians and visitors to Victoria.

Clause 12.05 providing a safer urban environment, improving safety, choice, diversity and accessibility, and providing improved emergency services in a major activity centre.

Clause 21.08 Foreshores and Coastal Areas which includes a strategy to establish performance standards and monitoring programs to minimise the risk of pollution of the coastal environment.

Clause 21.07 Guiding Future Township Development which aims to achieve pedestrian safety.



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through provisions within a Site Safety Plan and EMP.

The risk of collisions between boats, swimmers and divers is proposed to be managed through a Safe Harbour Operation Plan.

Land Tenure Subject to the successful outcome of the planning application, planning scheme amendment and EES, MBHL would negotiate lease arrangements, licence arrangements and the reservation of any Crown land with MPSC, PV and DSE as required. This matter is unrelated to the planning scheme amendment and the planning permit application.

N/a

Native Title MBHL is negotiating an Indigenous Land Use Agreement with groups claiming native title rights in relation to unreserved Crown land affected by the proposed Safe Harbour.

This process will run independently to the EES and planning processes and will be required to be completed prior to commencement of the proposed use and development.

N/a

Mornington Activity Centre

The proposed Safe Harbour is not considered to have a significant impact on Mornington Activity Centre as:

There is not a strong visual connection between the activity centre and the foreshore.

The proposed Safe Harbour would be consistent with the following objectives and policies which relate to activity centres/nodes:

Clause 21.18 Mornington Activity Centre Policy which aims to protect view lines to the Mornington Harbour and the foreshore as the proposed use and development will not



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It is consistent with the scale and character of the Mornington Activity Centre.

It will ensure adequate access for various modes of transport.

impact on views from the Mornington Activity Centre to the Harbour.

Objective 5.2 of the VCS which seeks to confine coastal development to activity nodes within existing settlement as it is located at the edge of the Mornington Activity Centre.

The Mornington Activity Centre Structure Plan which includes the Harbour in the Foreshore Precinct and aims to protect views to the foreshore and improve car parking and recreational facilities along the foreshore.

Net Community Benefit

The proposed Safe Harbour is expected to provide a net community benefit as it will increase safety for recreational boaters, public boat mooring, training, diving, kayaking and other water based activities and provide improved public facilities including moorings for boats, a walkway on top of the wavescreen and a new jetty and extension of Mornington Pier.

Any potential disbenefits can be mitigated through management of the proposed Safe Harbour in accordance with the proposed Environment Management Plan, Construction Management Plan, Traffic Management Plan, Safe Harbour Operation Plan and Cultural Heritage Management Plan.

The proposed Safe Harbour would be consistent with Clause 15.08 Coastal Areas which aims to achieve development that provides an environmental, social and economic balance.

Planning permit conditions are proposed which require various works or actions to mitigate the impacts of the proposed Safe Harbour and outline construction measures, operational measures, beach renourishment requirements, wastewater management and other matters.



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It is anticipated that the draft planning permit conditions would evolve over the application process as Council considers and exhibits the planning amendment and draft permit and when a panel considers any submissions and the overall merits of the application.



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Coastal Consent

The proposed Safe Harbour applies to coastal Crown land which requires consent from DSE under the Coastal Management Act 1995 (CMA). The primary information required for the CMA consent application is the same as that provided for the planning permit request. This report addresses the following issues related to the CMA consent.

Flora and Fauna

The key findings arising from the Marine Ecology Assessment (see Appendix V) are:

Any potential impacts upon seagrass and the sea horse, Hippocampus sp, can be effectively controlled with adherence to the management measures described in the marine ecology report.

Potential for contaminants to be mobilised into the water during construction and impact on communities is very low.

The potential offshore reef may be beneficial to the inshore reef habitat as it will minimise the spread of sand across the entire inshore reef.

There are no terrestrial ecology issues associated with the proposed Safe Harbour development as all works on the coastline are proposed within land currently occupied by the MYC or within land which has been previously disturbed and which contains no vegetation.

The presence of boats and their use are unlikely to impact on ecological communities within the Harbour if the management measures outlined in the ecology report are adopted.

The presence of the Harbour Wavescreen and pier protection is likely to enhance the growth of seagrass. Shading created by the wavescreen and the floating berths will inhibit the growth of seagrass.

Water quality within the Harbour will be maintained following construction of the proposed Safe Harbour.

Biodiversity

The key findings arising from the technical assessments related to biodiversity in the Marine Ecology Assessment (see Appendix V) and the Water Quality Assessment (see Appendix W) are:

Impacts on water quality relating to the development can be broadly divided between construction and operational impacts.

Construction related impacts are primarily due to the construction of the wavescreens (from piling), while the main operational impact is likely to be due to the physical presence of the proposed structures and their potential impacts on residence times. Turbidity generated by



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construction activities is likely to be localised and transient in duration. Management measures listed in the Water Quality and Sediment Assessment will further assist in minimising any impacts.

Boating related activities such as antifoulants, hull cleaning and maintenance, refuelling and sewage disposal also have the potential to impact water quality in the Harbour but can be managed through measures implemented as part of an EMP prepared with consideration to the EPA Guidelines for Cleaner Marinas.

Public Benefits

The Social and Economic Assessment (see Appendix E) outlines the following public benefits arising from the proposed Safe Harbour.

Benefits

The proposed Safe Harbour would provide all year round, all weather, safe conditions for all Harbour users and addresses community concern about the lack of protection for vessels in poor weather conditions.

The public would benefit from enhanced emergency response capability and additional emergency services and police berths. Vessels in danger from adverse weather conditions would be able seek refuge in calmer waters in the Safe Harbour.

The proposed Safe Harbour would respond to increases in boat ownership.

The public would have access to 10 short term public visitor berths.

The public would benefit from low level access for people with a disability and / or limited mobility.

The project would ensure that swimmers still have sufficient space within the Harbour and are not in direct conflict with boats for space.

A navigable fairway would assist in minimising conflicts between different harbour users. The risk of collisions between boats, swimmers and divers will be further managed through the proposed development of a Safe Harbour Operation Plan.

The creation of a Safe Harbour facility is likely to benefit the wider community by expanding the capabilities of the Mornington Activity Centre.

The facilities including the new public jetty, Harbour wavescreen and Pier extension would increase the amount of public space for people to visit and to fish from.

The proposed Safe Harbour would provide a range of potential flow on economic benefits for tourism and business operators in the Mornington area by encouraging visitors to the area all year.



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Disbenefits

The provision of swing and ‘fore and aft’ moorings, creation of 10 public visitor berths and opportunity to lease pen berths on a short term basis will assist in maintaining public access to the Harbour.

The impact of the proposed Safe Harbour is not considered to be visually significant in terms of its visual setting.

Potential parking demand generated by the Safe Harbour would be mitigated by including the establishment of a shuttle bus service for use on yachting race days and the parking layout in the area between the head of the Mornington Pier and the Schnapper Point Café to enable a simpler search pattern and potentially more parking would be changed.

The timing of construction will be planned to minimise disruption to users and ensure business continuity during construction.

Safe Harbour Development Including Beach Protection

The Wave Climate Assessment (see Appendix M) concludes that a full length Pier protection and the Harbour Wavescreen would result in a good wave climate for moorings in virtually all wave conditions. However, the area behind the outer section of the Pier would retain some exposure to northerly waves and the proposal was consequently modified to incorporate a pier extension at the end of Mornington Pier.

The Coastal Processes (see Appendix R) assessment addresses the potential for the proposed development, comprising the full length pier protection and the Harbour Wavescreen, to impact on existing coastal processes in the Mornington Harbour area. It concludes that the proposed wavescreens at Mornington would modify the wave climate along the coastline within the harbour which may result in erosion to the eastern end of Shire Hall Beach and accretion to Scout Beach. The beach alignment or profile of Mothers Beach is considered unlikely to be affected, as there would be little wave energy to move sediments into or out of the western end of the Harbour. The process would occur relatively slowly, and it may take 10 years or more before the final theoretical stable beach alignment is achieved, in the absence of regular maintenance.

The preferred option for managing potential changes in coastal processes is to monitor any changes in the beach alignment for the first 12 months and relocate sand as required. Following this period, the results would be assessed to determine whether to continue the yearly relocation of beach sand or to construct an offshore reef to restrict the area of annual sediment deposition to a zone behind the reef. It is expected that, on average, around 1,000 m³ of sand would need to be relocated each year via an excavator and truck. There is anticipated to be little deposition in the mooring areas of



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the main Harbour, and excavation of the boat berth areas is not expected to be required in the medium to long term.

Construction of the proposed wavescreens at Mornington Harbour would have little or no effect on coastal processes at the beaches to the south or east of Mornington Harbour.

Turbidity is likely to be localised and transient in duration and any impacts could be mitigated.

Boating related activities such as antifoulants, hull cleaning and maintenance, refuelling and sewage disposal also have the potential to impact water quality in the Harbour but can be managed through measures implemented as part of an EMP prepared with consideration of the EPA Guidelines for Cleaner Marinas.

Landscaping

An appropriate landscaping concept would be prepared to ensure that the Safe Harbour development is visually well integrated and would continue to be viewed as a pleasant visual experience if required. The Safe Harbour landscape concept design would also be designed to complement and enhance the surrounding area.

The requirement for a landscape plan could be imposed as a condition of the ultimate approval if required. It is anticipated that any condition may include provision of trees, shrubs and ground cover as well as landscaping features such as retaining walls, paving and would provide for maintenance and monitoring.

Construction Environmental Management Plan

It is anticipated that the construction of the proposed Safe Harbour would take approximately 18 months.

A Framework EMP has been prepared which provides an operating framework for environmental management.

A detailed Construction Environmental Management Plan (CEMP) would be developed prior to the commencement of any works and would set out measures to minimise any impacts on the environment during the construction process.

The CEMP would also address any additional project conditions that may be identified during the assessment and approval process for the planning permit application and which may arise from the Panel/Advisory Committee recommendations to the Minister and the Minister’s Assessment. The



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detailed EMP is proposed to be developed in consultation with relevant stakeholders. MBHL would have responsibility for implementation of the CEMP.

Operational and Maintenance Environmental Management Plan

It is expected that the ongoing operation of the Safe Harbour would be similar to the operation of the Harbour. A Safe Harbour Operation Plan is proposed to guide overall management of the proposed Safe Harbour and MBHL would have responsibility for the management of Safe Harbour facilities.

The Safe Harbour has a design life of approximately 50 years. An operational/maintenance EMP would ensure that the Safe Harbour is well maintained. It is expected that minor maintenance work such as the replacement of bolts, cleats and timber walers on pontoons and cleats would be undertaken on a periodic basis. No replacement of infrastructure is anticipated.

Beach Access

No change to existing beach access is proposed as part of the proposed Safe Harbour.

Traffic Access and Pedestrian Linkages

The Traffic and Carparking Assessment (see Appendix P) concludes that:

Periods of congestion in the area would be confined to weekends during the warmer months between November and April and during holiday periods in January and Easter. Even at these times the walking distances to most of the activities in the Precinct are approximately 50 m.

It is estimated that on peak days, the additional parking demand generated by the proposed Safe Harbour development would amount to 64 additional cars on peak days or an increase in parking demand by 16% to 18% on peak days.

The most cost effective measures to reduce existing and potential traffic and car parking problems in the precinct on peak days include establishment of a shuttle bus service operated by MYC on yachting race days and to redesign the parking layout and the aisles in the area between the head of Mornington Pier and Schnapper Point Café.

Waste Minimisation and Management

It is anticipated that a Waste Minimisation and Management Plan would include provision to avoid, minimise and manage waste and would be a condition of the ultimate approval. MBHL would have responsibility for implementation and ongoing effectiveness of this plan, along with the Operational and Maintenance EMP.



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Interface with Surroundings

The proposed Safe Harbour development is well integrated with the surrounding environment from both a built form and landscape perspective.

The proposed works would form part of an established harbourside marine area and complement existing activities in the area. In addition, the interface would be enhanced by the pedestrian connectivity and enhanced public and private amenity afforded by the proposal. The MYC and the Safe Harbour development have been designed to complement and enhance the surrounding area to ensure that it continues to be viewed as a pleasant visual experience by those visiting the locality.

Coastal Consent Assessment

It is considered that broader public interests in the use and development of the affected Crown land have been assessed and any potential impacts are able to appropriately managed and / or mitigated. Consequently, the Minister for Planning is able to issue consent for the proposed Safe Harbour development pursuant to the provisions of the CMA.

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