Attn: Genevieve Overell
General Manager
Office of Planning, Heritage and Urban Design Department of Planning and Community Development
Dear Genevieve,
Further
to our objection to Walker Corporation's Permit Application 20070638
lodged on 18th January 2008, we now wish to make a further
submission to the Minister..
On the basis of new evidence made available to us by Boroondara
Council and Wills Street, Kew residents, including the 1990 Section 173
Agreement between Kew Council and residents (attached) it is now clear
that both the Southern Boundary of the proposed Stage 2 Private
Subdivision of Public Land, and
the boundaries of Lot numbers 76,77, 83,84,85,86,87,88,89,90, and 91
are totally misplaced, and must be redrawn, so that no private
allotments intrude into the protected Historic Avenue of trees and Main
Drive Public Open Space.
We respectfully submit, therefore, that the Minister request Walker
Corporation to withdraw and redraw their application accordingly.
Yours sincerely,
Brian Walsh
encs:
President
Kew Cottages Coalition M. 0414 979 300
ATTACHMENT.
"Alienation
of Main Drive Public Land": The 2nd Addendum to Kew Cottages Coalition
Objection to Planning Permit Application 20070638
Background.
Walker
Corporation's 'New Stage 2" Applications seeks a Private
Subdivision of Public Land that is burdened by a number of restrictions
and controls previously outlined to the Planning Authority in our
18-January 2008 Objection.
Kew Cottages Coalition has also made submission to the current
Upper House Inquiry into Public Land Development on our serious
concerns regarding the nature and extent of the Walker Corporation
development.
The Main Drive Objection.
The
focus of this Second Addendum is our objection to how Walker
Corporation now propose to subdivide that part of the public land
occupied for over a century by the double Avenue of trees that
historically define "Main Drive" itself.
The Avenue is in the order of forty to fifty metres wide, comprise
Oaks, Elms, Pines, and Moreton Bay Figs, and extends the whole length
of the southern boundary of the new Stage 2 of the proposed development.
The tree lined Avenue as a
whole is currently protected by a range of planning controls including
the State Heritage Register , Heritage Permits, The Walker Development
Plan, and other the provisions of the Boroondara Planning Scheme,
including the VPO2 Vegetation Protection Overlay.
Those Avenue trees on the border of private properties in Wills
Street have the added protection afforded by a Section 173 Agreement
(1990) and covenant with Boroondara Council. We understand the
latter covenant was established at the request of Major Projects
Victoria, on behalf of the State when the State subdivided the land on
the Wills Street Border of the Cottages in 1988. ( see copy attached).
In our submission any new subdivision effecting the Avenue must be consistent with the latter covenant, and
- Any new subdivision should only occurr outside of the Historic Avenue of trees:
-
None of the Stage 2 Private lots should be allowed to intrude into the Main Drive Public Open Space:
- All of the "boundary trees" on
the northern side of the avenue must be properly protected by way of a
permit condition that extends the current Boroondara Council Section
173 Wills Street Border Agreement (copy attached) to include any and all new Stage 2 lots bordering
Main Drive.
The Main Drive Problem.
A. Border Errors
A1. The Walker Corporation
Application drawings depicting the Main Drive Public Open Space
boundaries and Heritage listed trees fail to comply with the the
Heritage Permit drawings endorsed by Heritage Victoria on 9-Sep 2005 as
part of Permit P9639 (see endorsed drawing HVS3B which clearly shows
all avenue trees located in public open space, and none within private
lots);
A2. The Main Drive Public
Open Space described in the Walker Application fails to comply with the
requirements detailed in Clause 4.3.2 of the Walker Development Plan
Kew Dec-2005;
The Application now seeks approval for many significant trees
within the VPO that have been an integral part of the Avenue for over a
century to be annexed into private lots.
However, Clause 4.3.2 as approved in March 2006 (ie: some 6 months
after Heritage Victoria issued Permit P9639 (see above) states inter
alia:
"In terms of the open space provided along Main Drive it is noted that combined with the road reserve, the area is significantly wider than a normal road reserve, to cater for the retention of trees along Main Drive. The width of the public open space at this location will cater for a range of recreation opportunities... "
It is
clear therefore that the intention within the Development Plan is for
the Historic Avenue trees along Main Drive to be retained and
supported in Public Open Space, rather than being annexed and
threatened by subdivision into private lots.
A3. The Revised Staging and
Stage 2 Boundary described in the Application fail to comply with the
Staging requirements of Clause 5.1 of the Walker Development Plan Kew
Dec-2005, and the Minister's 6-Feb 2008 Addendum to the Plan.
Clause 5.1 states that:
The staging will not "prejudice the future use or development of land in an integrated manner " (WDP Kew)
However,
the proposed annexation of Avenue trees will, in our submission,
destroy the integrity of the Historic Avenue forever, and thereby
totally prejudice the future public use, and development of the public land on which those trees are currently located.
B. Tree protection Errors.
B1. The Main Drive Historic Avenue trees that Walkers seek approval to annex into private lots are inadequately protected.
The drawings provided by Collie Pty Ltd in support of the
application are not fully dimensioned, and appear vague and imprecise
in many respects (eg: one is labelled "Not for Construction"). However,
it appears clear that over 25 avenue trees ( including trees 39,38,
51a, 51, 52a, 52, 53, 61,63, 65,66, 69,70,71,73,74, 75,76,78,79,80,128,
127, 134b, 134, 134c, 136) are all proposed to be annexed from
public open space, and the land on which they are located to be
subdivided into private lots 76,77, 83,84,85,86,87,88,89,90, and 91.
Despite this extraordinary proposal, no form of covenant or other
form of long term protection has been proposed for the individual
avenue trees to be annexed in this manner.
B2.
The Main Drive Historic Avenue trees that Walkers seek approval to
subdivide, and locate immediately abutting new private lots are
inadequately protected.
No form of additional covenant protection has been proposed for
trees shown on the drawings as being outside but close to the southern
boundaries of the above subdivision lots (eg: trees 35, 37, 40,
49, 55, 82, and 103 .)
No account has been taken in the Application of the precedent set
by the Boroondara Council Section 173 Agreement which sets out by way
of covenant the nature and extent of protection that has been
specifically afforded the Avenue trees immediately abutting the Wills
Street subdivision for the last 18 years !
As a consequence, the level of Vegetation Protection in the
proposed subdivision for the historic Oaks, Elms, Pines, and Moreton
Bay Figs on the northern side of the Avenue is significantly less than
that that currently applies to the trees to the southern side of the
Avenue, and in our submission totally inadequate.
The Main Drive Solution.
The
long term nature and form of protection of the Avenue trees has already
been seriously compromised in our submission by Walker's erection of
its 'temporary" Sales and Information Office at its current location
within the Avenue of trees.
Stage 1, therefore, started with what appears at face value to a
'temporary breach' of the Main Drive 'public land 'exclusion
zone'.
Now this "temporary breech" appears to be being
followed up in Stage 2 with a proposal for a permanent breech, and the
permanent annexation of trees 39,38, 51a, 51, 52a, 52, 53, 61,63,
65,66, 69,70,71,73,74, 75,76,78,79,80,128, 127, 134b, 134, 134c, and
136 from public land into private land Lot numbers 76,77,
83,84,85,86,87,88,89,90, and 91.
In our submission this form of insidious alienation of Public Land needs to be rigorously resisted.
In our submission the Planning Authority needs to adopt a 3 stage solution.
Subject to delays due to current legal action against Walker Corporation, request that Walker Corporation
1. Withdraw their Stage 2 Subdivision and Permit application, and
redraw the application so that it complies with, and is consistent
with, all planning controls and agreements related to the Historic Main
Drive Avenue of trees, including all Heritage Permits, endorsed
Heritage Drawings, the Boroondara Council Wills Street S.173
Agreement, and the Boroondara Planning Scheme.
2.Provide further information to the Responsible Authority detailing:
- The
potential benefits associated with completely removing the Historic
Avenue of trees from the proposed subdivision by moving the southern
boundary of the subdivision from the current line south of the Avenue
to a line north of the Avenue;
- The need to redesign lots 76,77, 83,84,85,86,87,88,89,90, and 91 to
properly take account of Public Open Space, Heritage issues, and long
term Tree Protection requirements;
- The need to suggest new
Permit Conditions for lots 76,77, 83,84,85,86,87,88,89,90, and 91 that
are consistent with the conditions currently specified in the
Boroondara Council S173 Agreement (1990) and Covenant that applies to
Wills Street properties abutting the Avenue;
- To need to present fully dimensioned drawings for each proposed
lot, and to ensure that any drawing or plan presented for lots abutting
the Avenue with a lot size less than that specified in the S173 Wills
Street Agreement (ie: 700 sq metres) is supported by a Heritage
impact statement and/or Arboricultural Plan endorsed by Heritage
Victoria;
- The need to ensure trees 39,38, 51a, 51, 52a, 52, 53, 61,63,
65,66, 69,70,71,73,74, 75,76,78,79,80,128, 127, 134b, 134, 134c, and
136 are properly retained in Public Open Space;
- What other
measures the Applicant proposes to help ensure that their application
will not prejudices the public's future use, and development of the the
historic Main Drive landscape and Public Open Space in an integrated
manner ?
3.
Suggest Walker Corporation consider the benefits of relocating their
current "temporary sales and information office" to a more appropriate
location ie: one that is:
Not in breach of the Walker Development Plan Kew (Clause 4.2.2. Building Heights and Setbacks" Plan which specifies:
a
minimum of 26 metres building setback from the south boundary (common
with the rear of properties fronting Wills Street) of the land
=== bw ===
encs: ---------- Forwarded message ---------- From: Kew Cottages Coalition <admin@kew.org.au>
Date: 27 Mar 2008 09:54 Subject: "At Risk": An Addendum to Kew Cottages Coalition Objection to Planning Permit Application 20070638 To: genevieve.overell@dpcd.vic.gov.au, justin.madden@parliament.vic.gov.au
Cc: Matthew.Guy@parliament.vic.gov.au, "Richard.Willis@parliament.vic.gov.au" <richard.willis@parliament.vic.gov.au>, "Ray.Tonkin@dse.vic.gov.au" <ray.tonkin@dse.vic.gov.au>, "ray.osborne@dse.vic.gov.au" <ray.osborne@dse.vic.gov.au>, "kewcottages.redevelopment@mpv.vic.gov.au" <kewcottages.redevelopment@mpv.vic.gov.au>, Celestina Sagazio <celestina.sagazio@nattrust.com.au>, "Phillip.Healey@boroondara.vic.gov.au" <phillip.healey@boroondara.vic.gov.au>
Attn: Genevieve Overell
General Manager
Office of Planning, Heritage and Urban Design Department of Planning and Community Development
Dear Genevieve,
Further
to our objection lodged on 18th January 2008, I understand from the
State Planning Register today that the status of Walker
Corporation's Permit Application No. 20070638 (Kew Cottages Stage
2 Subdivision and Vegetation Removal) as received on 29th November 2007
is as follows:
Status: Preliminary Check Amendments: No Amendments Found
However, I am advised by Heritage Victoria:
- That
on 5th December 2007 summonses were served on the Company Headquarters
of Walker Corporation in Sydney in relation to unauthorised works
undertaken at the State Heritage Registered Kew Cottages site between
10th January and 5th February 2007, and
- That the latter matter involving Walker Corporation is still before the court.
I
write, therefore, to seek an assurance from the Minister as the
Responsible Planning Authority that he will now exercise his powers
under S.54 of the Act and require Walker Corporation to provide him
with full details of the final outcome of the legal action against the
Company under the Heritage Act, before he deals with Application 20070638.
To do otherwise, would in our submission be irresponsible, and not in the public interest.
Despite
the damage to VPO trees incurred in Stage 1, the form of subdivision
and vegetation removal proposed by Walkers in Stage 2 is still very
similar to that adopted in Stage 1 eg:
- A large number of small lots, associated with the complete removal of large amounts of established vegetation, and
- Those VPO "protected trees" remaining, still unreasonably at risk due to their closeness to building envelopes.
We say the
risk of further damage to significant VPO "protected vegetation"
and Heritage listed assets such as the historic avenue of oaks on
Main Drive is, therefore, simply too high.
In our
submission Walker's application for further subdivision at Kew Cottages
should, therefore, not be dealt with until the court has had the
opportunity to complete its work, and Walker's have been given the
opportunity to amend their Stage 2 application in the light of the
court's findings.
Yours sincerely,
Brian Walsh
President
Kew Cottages Coalition 22A Fellows Street KEW Vic 3101
M. 0414 979 300
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