Mornington Environment Association inc.
5. WHAT IS HAPPENING IN 2010?
In August 2010, Mornington Peninsula Shire Council requested the Minister for Planning, Justin Madden, to appoint a Panel to consider the submissions to Mornington Peninsula Planning Scheme Amendment C107 and Planning Permit Application CP09/005.
This amendment involves the rezoning of Mornington Harbour from:
The amendment would rezone the land from a Public Conservation and Resource Zone (PCRZ) to a Public Park and Recreation Zone (PPRZ).
The current zoning, PCRZ, is focused on conserving and protecting the natural environment and resources of the Harbour.
The Marina Proposal is prohibited under the PCRZ because the marina is a private one, which cannot use public water and space for a private facility owned, operated and used by members of a sailing club.
Therefore Amendment C107 must be approved for a marina to even be considered.
The Mornington Peninsula Shire Council, as the Public Land Manager for the Mornington Foreshore Reserve, also agreed to consider the Planning Permit Application for the Marina (CP05/005) concurrently with the preparation of Amendment C107.
Submissions were called about the Proposals in May 2010, and 2017 were received by Panels Victoria and the Shire, a record number for a project of this type. About half are in favour of the proposal and half are against. However, many of those expressing approval of a ‘safe harbour’ in Mornington were on form letters and did not provide details or reasons. Many of those ‘against’ the proposal for both the rezoning and the marina provided detailed arguments. They are available now for public inspection at the offices of the Mornington Peninsula Shire, Vancouver St, and Mornington.
All of these are being read by the Panel members. 40 individuals or groups are timetabled to appear at the Panel Hearing in February 2011.
How did the public learn about the proposals for Mornington Harbour?
There was a public exhibition of these proposals at the Shire offices in Mornington, Rosebud and Hastings, from May 20 until July 5 2010. The documents included:
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An Environmental Effects Statement (EES) prepared by Sinclair Knight Mertz (SKM) for Mornington Boat Haven Ltd. (MBHL) and exhibited by the Minister for Planning.
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A rezoning of the harbour area (Planning Scheme Amendment C107) and a Planning Permit Application for a Pleasure Boat Facility (CP09/005) – exhibited by Mornington Peninsula Shire.
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A draft Planning Permit (CP09/005) - this is included as part of the exhibition by the Shire, to enable community input in potential planning permit conditions.
Council run information sessions in Mornington and these were attended by the public, the proponent (Mornington Boathaven Ltd, and MEA representatives.
MEA and Boathaven both provided information stalls in the Main Street of Mornington for up to 6 weeks. MEA’s stall operated during shopping hours for 3 days a week and representatives handed out brochures, explained the proposals and drew attention to the Display stand. The display included photographs of the proposal, and other marinas around Port Phillip Bay including Hampton, Sandringham and Blairgowrie. The previous application – refused by the state government in the early 1990 was also explained. In addition, the large marina at Martha Cove, 11 kms. down the coast was explained to provide an alternative to developing a marina in Mornington Harbour.
MEA also letter boxed the brochure to hundreds of residential properties between Mt Eliza and Mt Martha, and the leaflets and the Shire’s Submission form (asking approval or refusal) were provided to several cooperative shop keepers in Mornington. Leaflets were also handed out and another display mounted at the Mornington Pier on 6 weekends during May-July.
MEA also obtained numerous technical documents to review and utilize in our Submission to the Panels. Our speakers have addressed service clubs, university students and responded to many individual requests for information. Media releases and media interviews were also important in getting our environmental concerns across to the community.
Banners and placards were placed in visible spots and local residential properties though some were illegally removed.
Two members of the public even climbed the Schnapper Point memorial to place a ‘no marina’ banner!
A public rally – the only public meeting – was held on Saturday July 3rd on Mothers Beach, Mornington. Chaired by Jenny Warfe, of Blue Wedge, this attracted hundreds of objectors and the media and raised awareness of the whole project. Speakers included Jan Oliver, President of MEA who outlined the project and its impact on the harbour and local beaches, Samantha Dunn, Greens Candidate, who spoke on the impacts and environmental consequences if the project went ahead, and two parliamentarians – local MP, David Morris, and local Upper House parliamentarian, Edward O’Donohue. Local ecologist Gidga Walker explained likely changes to the coastal systems. The rally concluded with an impassioned plea from the Sea Scouts – who would be unable to continue their 70 years of sailing and training in the Harbour if the marina was built. More submissions written at this rally were sent into the Panel.
Objectors, wearing red, considered the proposal at the rally, chaired by Jenny Warfe, of Blue Wedge.
Speakers on Mothers Beach included Samantha Dunn, Greens Candidate for Mornington, who explained the implications of changing the zoning.
Local MP (Liberal member for Mornington David Morris, sent out a questionnaire “Mornington Harbour Tell me what you think?” to every voter resident in the Mornington area. His analysis of the replies indicates that, of 773 replies to the Question ”Do you support the Mornington Boat Haven Ltd proposal? “ there were 548 ‘No’ responses and yes 225 so local opinion was very against.
The Shire Council has not yet made a decision to support or not support Amendment C107 and Planning permit Application CP09/005 and can wait until the Panel is concluded. If Council eventually votes against the re-zoning (C107), then the marina cannot proceed. However, the Minister for Planning can make an individual decision, ignoring the advice of the Panel Inquiry, his department and the Department of Sustainability and Environment. Council officers are presenting further comments to the councillors in October, and MEA appeared in front of the Council in July 2010 to present the conservation case.
What is a Panel?
The panel consists of members, Chair Mr. Nicholas Wimbush, and Mr. Chris Harty and Mr Robert Johnson. Their role is to consider the submissions to the EES and advise the Minister for Planning of its potential environmental effects. A public hearing will be held, at which submitters appear; some parties will be legally represented. 40 submitters have asked to be heard, including the proponent (Mornington Boat Haven Ltd, the Shire Council, government departments and Mornington Environment association, representing many individuals and some other groups. Expert witnesses may be called – and can be cross-examined, and have to make preliminary statements available to the Panel. The Panel is also going to make site visits and view the Harbour from a boat (facing towards Mothers Beach).The Panel must report to the Minister for Planning in writing within 6 weeks of the last hearing date.
At a Directions Hearing in August, the Panel identified more than 20 matters they wish to hear details on – these include coastal processes and climate change and sea level rise; design issues such as traffic, parking, the link with Parks Victoria’s restoration of the pier, water quality and turbidity, marine ecology, and facilities at other marinas.
What is the timetable for the Hearings?
Originally set down for November 2010, the hearings have now moved to a 3-week time slot commencing on February 1st 2011 in Mornington Council Chambers to allow the various parties to properly prepare their cases and address the issues the Panel has requested. Another Directions Hearing will be held on 12 November to finalise expert witnesses and arrangements.
Further details are available on the Department of Planning and Community Development’s web site www.dpcd.vic.gov.au/planning (then go to the Environment Assessment link.)
What is MEA doing now?
MEA is assembling experts and lay witnesses to appear in front of the Panel Inquiry. MEA will also represent many of the individual protestors who made submissions. We are being assisted by two barristers who are working pro-bono (that is, without cost), but we have to pay consultancy fees to at least 2 of our experts.
We have commenced a fund raising campaign and will be very grateful for any support you can give. Go to the menu and utilize the “Like to donate” column.