Statement of Expert : Amendment C267 to the Greater Geelong Planning Scheme Armstrong Creek Town Centre Precinct Structure Plan

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1 Statement of Expert : Amendment C267 to the Greater Geelong Planning Scheme Armstrong Creek Town Centre Precinct Structure Plan Prepared for: HWL Ebsworth on behalf of DFC Armstrong Creek Pty Ltd October 2013 Ecology and Heritage Partners Pty Ltd Aaron Organ HEAD OFFICE: 292 Mt Alexander Road Ascot Vale VIC 3056 GEELONG: PO Box 8048 Newtown VIC 3220 BRISBANE: Level Ann Street Brisbane QLD 4000 ADELAIDE: 8 Greenhill Road Wayville SA

2 ACKNOWLEDGEMENTS We thank the following people for their contribution to the project: James Lofting and Mark Bartley (HWL Ebsworth Lawyers) for project and background information. Joe Nasr and Greg Bursill (Dennis Family Corporation) for site access and background information on their proposed development. Allan Wyatt (ERM) for information on the design information pertaining to the Greenways for the proposed development by Dennis Family Corporation. The Department of Environment and Primary Industries for the provision of databases and mapping programs used to inform this investigation. Expert Witness Statement Amendment C267 to the Greater Geelong Planning Scheme 2

3 DOCUMENT CONTROL Assessment Expert Witness Statement Address Amendment C267 to the Greater Geelong Planning Scheme Project number 5443 Project manager Aaron Organ Director / Principal Ecologist Report author(s) Aaron Organ Director / Principal Ecologist Report reviewer Andrew Hill Director / Principal Ecologist Other EHP staff David Wilson Mapping Monique Elsley File name 5443_AmendmentC267_EWS_AO_Final Client HWL Ebsworth for DFC Armstrong Creek Pty Ltd Bioregion Otway Plains (small portion as Victorian Volcanic Plain) CMA Corangamite Council City of Greater Geelong Report versions Date submitted Comments Comments updated by Report 1 Copyright Ecology and Heritage Partners Pty Ltd This document is subject to copyright and may only be used for the purposes for which it was commissioned. The use or copying of this document in whole or part without the permission of Ecology and Heritage Partners Pty Ltd is an infringement of copyright. Disclaimer Although Ecology and Heritage Partners Pty Ltd have taken all the necessary steps to ensure that an accurate document has been prepared, the company accepts no liability for any damages or loss incurred as a result of reliance placed upon the report and its contents. Expert Witness Statement Amendment C267 to the Greater Geelong Planning Scheme 3

4 1 AUTHOR S EXPERTISE This Statement of Expert Evidence has been prepared by Mr Aaron Organ, Principal Ecologist and Director, Ecology and Heritage Partners Pty Ltd, of 292 Mt Alexander Road, Ascot Vale, Victoria. It is based on the findings of an investigation by staff at Ecology and Heritage Partners Pty Ltd. Aaron has over 18 years experience in the environmental field, including 13 years in an environmental consultant capacity. Aaron has also previously worked as a field ecologist in East Gippsland Victoria, and has worked as a ranger in Queensland and Victoria, having extensive experience in National Park and Reserve management throughout Australia. Aaron has a broad working knowledge of flora and fauna throughout Victoria and has either managed or played an important role in providing environmental advice on a number of large infrastructure projects such as proposed pipelines, and road and rail developments. He has also been a lead author and/or coauthor for over 450 projects and has provided expert advice to a range of clients. Some of these projects include a large number of proposed wind farms in Victoria, South Australia and Tasmania, long-term flora and fauna monitoring throughout the Illawarra escarpment New South Wales, and various large commercial and industrial projects as well as small residential projects throughout Victoria. 2 AUTHOR S STATEMENT I, Aaron Organ of Ecology and Heritage Partners Pty Ltd, have prepared this Statement of Expert Evidence pertaining to proposed amendment to the Greater Geelong Planning Scheme (Amendment C267), relating to the proposed Armstrong Creek Town Centre, Victoria. The following statement is based on a review of a previous ecological assessment as part of the proposed amendment (Ecology Australia 2010), background information pertaining to greenways, and the results of a recent site inspection. I was the overall Project Director and David Wilson (Consultant Zoologist) from Ecology and Heritage Partners Pty Ltd assisted with the background review. Expert Witness Statement Amendment C267 to the Greater Geelong Planning Scheme 4

5 3 INTRODUCTION 3.1 Background The Armstrong Creek Town Centre Precinct Structure Plan (ACTCP) and Amendment C267 forms one of the precincts of the Armstrong Creek Urban Growth Area (ACUGA), as outlined under the Armstrong Creek Urban Growth Plan 2008 (City of Greater Geelong 2008). The ACTCP is centrally located within the Armstrong Creek Urban Growth Area, and is bound by Surf Coast Highway, Boundary Road, Burvilles Road and Barwarre Road. A previous ecological assessment was undertaken by Ecology Australia (2010), and this assessment detailed the existing flora and fauna conditions of the precinct. This report documented two Ecological Vegetation Classes (EVCs) (Grassy Woodland and Creekline Grassy Woodland) within the ACTCP. Grassy Woodland formed a number of varying quality patches along roadsides, with one patch of Creekline Grassy Woodland EVC in the southwest of the precinct (Ecology Australia 2010). No significant fauna were recorded, nor were any considered likely to occur on a regularly within the precinct (Ecology Australia 2010). On the basis of this assessment, the key ecological values identified for the ACTCP (City of Greater Geelong 2013) were along linear reserves including: Boundary Road Reserve; Barwarre Road Reserve; and, Burvilles Road. Under the Exhibited version of the ACTCP, Encumbered Open Space encompassed the greenways along the above roads, and their role is to: Allow for the retention of significant roadside vegetation identified within existing road reserves; and, Provide regional connections to and from areas within ACUGA. During the exhibition period for the ACTCP, a submission to alter the layout of roads immediately to the east of the ACTCP has been provided, and these changes would affect the Encumbered Open Spaces detailed above. 3.2 Scope of Assessment Ecology and Heritage Partners has been engaged by HWL Ebsworth Lawyers on behalf of Dennis Family Corporation (DFC) (Armstrong Creek) Pty Ltd to examine the proposed City of Greater Geelong Amendment C267. We have been engaged to review the previous ecological investigations that have been completed as part of the Precinct Structure Plan process and to determine any impacts of the proposed Amendment particularly as it relates to the greenway concept and the implications this may have on the design of the adjoining Horseshoe Bend Precinct. Expert Witness Statement Amendment C267 to the Greater Geelong Planning Scheme 5

6 l have been asked specifically to address the ecological merits of: The proposal for a greenway on Boundary Road between Surf Coast Highway and Barwarre Road; The proposal for a greenway on Barwarre Road between Boundary Road and just north of Burvilles Road; The location of the two east-west connector streets between Boundary and Burvilles Roads; The merits of the alternative layouts as proposed in the DFC letter dated 11 September 2013; and. Any other matter that I consider relevant. 3.3 Study Area The study area is the Armstrong Creek Town Centre Precinct Structure Plan area, specifically the proposed greenways and connector streets within the PSP area. The study area covers approximately 92 hectares and is located 100 kilometres south-west of the Melbourne CBD. The study area is bounded by the Surf Coast Highway, Boundary Road, Banwarre Road and Burvilles Road, and lies within the Armstrong Creek Urban Growth Area. According to the Department of Environment and Primary Industries (DEPI) Biodiversity Interactive Map the study area falls primarily within the Otway Plains bioregion, with a small portion of Victorian Volcanic Plain bioregion. The study area lies within the boundaries of the Corangamite Catchment Management Authority (CMA) within the City of Greater Geelong municipality. Expert Witness Statement Amendment C267 to the Greater Geelong Planning Scheme 6

7 4 METHODS 4.1 Background Review The following reports pertaining to the ecological values across the site were reviewed as part of the preparation of this expert witness statement: Amendment C267 Explanatory Report and exhibited documents prepared by City of Greater Geelong. Armstrong Creek Town Centre Precinct Structure Plan prepared by Tract Consultants for City of Greater Geelong dated March Dennis Family Corporation Amendment C267 to Greater Geelong Planning Scheme. Armstrong Creek Town Centre Precinct Structure Plan. DFC Armstrong Creek Pty Ltd Submission, Horseshoe Bend Road. Dated 11 September 2013 Ecology Australia (2010). Armstrong Creek, Major Activities Centre: Flora, fauna and Net Gain assessment. Report prepared for City of Greater Geelong (Tab 6 of the Briefing Documents). Ecology and Heritage Partners Native Vegetation Precinct Plan. Armstrong Creek Town Centre Precinct. Unpublished report for Tract Consultants. Ecology and Heritage Partners (2012). Letter to Tract Consultants dated 19 April 2012 (Tab 18 of the Briefing Documents). Victoria s Native Vegetation Management A Framework for Action. Wyatt City of Greater Geelong Amendment C267 Armstrong Creek. Statement of Expert Evidence by Allan Wyatt, Environmental Resource Management Australia. Expert Witness Statement Amendment C267 to the Greater Geelong Planning Scheme 7

8 5 CONSIDERATIONS 5.1 Ecological Values The precinct is largely devoid of remnant native vegetation and supports few areas of ecological value (Ecology Australia 2010). A total of 102 flora species and 21 fauna species were previously recorded, along with several patches of two Ecological Vegetation Classes (EVCs) (Grassy Woodland and Plains Grassy Woodland) within the precinct (Ecology Australia 2010). There is a low likelihood of significant flora and fauna species using habitat resources within the study area, and no significant species were recorded during the previous site investigations (Ecology Australia 2010). A previous Native Vegetation Precinct Plan (NVPP) has been prepared for the precinct (Ecology and Heritage Partners 2012a). The NVPP identifies native vegetation proposed to be removed and retained, and this will be subject to the requirements and conditions under Clause of the Greater Geelong Planning Scheme. Areas dominated by exotic vegetation that are proposed for removal will not require a permit under Clause of the Planning Scheme. 5.2 Greenways Exhibited as part of the ACTPSP As part of the Amendment several greenways are proposed as part of the protection of remnant native vegetation along on Boundary, Barwarre and Burvilles Roads, and to cater for public use (i.e. the creation of transit corridors for bike and pedestrian access). The need to protect the relatively small proportion of native vegetation that is found within the ACTCP area along with the public open space objective for the ACTCP area has led to the establishment of greenways. As outlined in Wyatt (2013) the plan reproduced in Figure 2-2 shows the greenways on Boundary, Barwarre and Burvilles Roads. These greenways respond to those areas in which significant roadside vegetation has been identified (refer Figure 2-3 in Wyatt 2013). It is understood that based on the design of the proposed greenways the functionality and overall intent may be compromised in areas due to the presence of overhead power lines (Wyatt 2013) Proposed changes by DFC Information in relation to the proposed changes to the design and configuration of the greenways in the ACTCP is outlined in the DFC submission dated 11 September 2013 (DFC 2013). As noted by Wyatt (2013) alternatives layouts should seek to protect existing native vegetation, but potentially they should show a strategy whereby vegetation enhancement is more likely. The following relates to the implications associated with the proposed changes to the road designs and greenway proposed (DFC 2013): Expert Witness Statement Amendment C267 to the Greater Geelong Planning Scheme 8

9 The proposed variation to the exhibited greenway along Barwarre Road will not impact areas of remnant native vegetation of Very High conservation significance, and will lead to the small disturbance of highly modified High conservation significance Grassy Woodland. Roadside reserves within and surrounding the ACTCP do not function as important fauna habitat corridors (they are principally used by locally common woodland birds and ground dwelling fauna species e.g. snakes, lizards and frogs), due to the lack of contiguous remnant native vegetation that connects to larger areas of habitat in the local area. In addition, the greenway along Barwarre Road will be dissected by the proposed Connector Road B and Main Street. As part of the east-west connector roads the design in the exhibited ACTCP will lead to the removal of remnant Grassy Woodland at both the Connector Road B crossing and the Main Street crossing. In addition, at least 5-6 Large Old Trees (LOTs) are proposed to be removed at the Main Street crossing. Whilst the locations of the connector crossings proposed by DFC will also lead to the removal of small modified areas of Grassy Woodland, fewer LOTs are proposed to be impacted in this area. The proposed variation to the exhibited greenway along Boundary Road will not impact areas of remnant native vegetation along the northern side of the road reserve, and will lead to the removal of a small area of High conservation significance Grassy Woodland. The proposed variations to the greenway designs (i.e. along Boundary, Barwarre and Burvilles Roads) will ensure there is sufficient area where revegetation using site indigenous species that are associated with Grassy Woodland EVC can occur. The existing road pavement will be used, where possible, for the bike / walking path, and therefore this will reduce the requirement to use sections along the road reserve or on private property that are more suited to revegetation (i.e. suitable ground surface and less compaction compared with a sealed or compacted gravel road). Expert Witness Statement Amendment C267 to the Greater Geelong Planning Scheme 9

10 6 CONCLUSION Previous ecological investigations across the TSPCP revealed that the study area is largely devoid of ecological values (Ecology Australia 2010; personal observations). However, remnant native vegetation (Grassy Woodland and Plains Grassy Woodland of varying quality) persists along roadsides that flank the precinct. There is a low likelihood of significant flora and fauna species using habitat resources within the study area, and no significant species were recorded during the previous site investigations (Ecology Australia 2010). It is understood that the proposed alternatives for the greenways also respond to existing constraints such as power lines and servicing, while at the same time providing an alternative to the siting of a shared pathway within the greenways (Wyatt 2013). In summary, in light of all available information, it is my view that the proposed changes to the greenway design proposed by DFC as part of the ACTCP will not lead to any significant impacts to ecological values, and will provide opportunities to enhance the linear areas for a range of locally common fauna species through revegetation using a variety of species (i.e. trees, shrubs, grasses, forbs and herbs) associated with the former Grassy Woodland community. Expert Witness Statement Amendment C267 to the Greater Geelong Planning Scheme 10

11 7 REFERENCES City of Greater Geelong (2008). Armstrong Creek Urban Growth Plan. Geelong, Victoria; City of Greater Geelong. Pp 132. City of Greater Geelong (2013). Exhibition version. Armstrong Creek Town Centre Precinct Structure Plan. Geelong, Victoria; City of Greater Geelong. Pp 156. Ecology and Heritage Partners (2012a). Native Vegetation Precinct Plan. Armstrong Creek Town Centre Precinct. Unpublished report for Tract Consultants. Ecology and Heritage Partners (2012b). Phase 1 flora and and fauna report for the Armstrong Creek Town Centre, Armstrong Creek Urban Growth Area, Victoria. Letter to Tract Consultants Pty Ltd. Brunswick, Victoria; Ecology and Heritage Partners. Pp 3. Ecology Australia (2010). Armstrong Creek, Major Activities Centre: Flora, fauna and Net Gain assessment. Report for the City of Greater Geelong. Fairfield, Victoria; Ecology Australia Pty Ltd. Pp 54. Expert Witness Statement Amendment C267 to the Greater Geelong Planning Scheme 11

12 8 REQUIRED INFORMATION Name and Address This report has been prepared by Aaron Organ, Director of Ecology and Heritage Partners, 292 Mt Alexander Road, Ascot Vale, Ph: (03) , Area of Expertise Aaron Organ is an expert ecologist, with skills in all the major ecological environments of south-eastern Australia. He has particular expertise in the workings of ecological systems, both under natural conditions and when affected by unnatural disturbance regimes such as weed invasion and impacts of development projects. He has also considerable experience in the application and practical implementation of current Commonwealth and State environmental legislation and Government Policy, and has worked with a range of government and private clients on over 30 Precinct Structure Plans. Expertise to make the Report Aaron Organ has considerable knowledge of the native flora and fauna in south eastern Australia, including in areas throughout the Port Phillip region (including the Greater Geelong area). Relevant past experience includes: Completion of over 450 flora and fauna investigations/assessments. Aaron has also written many environmental reports and management plans for large scale infrastructure projects throughout Victoria. A selection of past VCAT and Panel appearances include: 2013: Statement of Expert Evidence: 1 Hobbs Road Wyndham Vale, Victoria. Amendment C171 - Ballan Road Precinct Structure Plan (PSP 40). 2013: Statement of Expert Evidence: Review of time stamped data for Amendment C172 - Ballan Road, Wyndham Vale (PSP 92). 2013: Statement of Expert Evidence: Craigieburn Road East, Wollert, Victoria. Wollert Developments Pty Ltd. (VCAT). 2013: Proposed Planning Scheme Amendment C Racecourse Road, Sunbury Hume City Council (Panel). 2013: Western Highway Duplication - Section 3, Ararat to Stawell, Victoria DLA Phillip Piper (Panel). 2013: Cherry Tree Wind Farm Maddocks Lawyers (VCAT). 2012: Western Highway Duplication - Section 2, Beaufort to Ararat, Victoria DLA Phillip Piper (Panel) 2012: Proposed Peninsula Link Freeway Service Centres, 83 Sages Road Baxter, Victoria Rigby Cook Lawyers Pty Ltd (VCAT) Expert Witness Statement Amendment C267 to the Greater Geelong Planning Scheme 12

13 2011: Western Highway Duplication - Section 1, Burrumbeet to Beaufort, Victoria DLA Phillip Fox (Panel) 2011: Old Warrandyte Road, flora and fauna review and Panel hearing, Donvale Norton Rose Australia Pty Ltd. (Panel) 2010: Marquands Road and Leakes Road (Lot 9), Truganina, Truganina South Precinct Structure Plan Stockland (Panel) 2010: Proposed Eastern Golf Course relocation to Windsor Park, Victoria Road, Yering, Victoria for Best Hooper (VCAT) 2010: Truganina South Community Precinct Structure Plan for Central Equity and Stockland Limited (Panel) 2010: Craigieburn R2 Precinct Structure Plan for Peet Limited (Panel) 2010: Proposed Mortlake Wind Farm for Accionia Oceania Limited (Panel) 2009: Grenda Vehicle Storage Depot, Springvale Road, Keysborough - for Urbis Pty. Ltd. (VCAT) 2009: 1280 Boneo Road, Cape Schanck, development a proposed barn for Hansen Planning Services (VCAT) 2009: Melton Planning Scheme Amendment C Robinsons Road South Precinct (Marksx Property), Truganina (Panel) 2008: Donald Mineral Sands Panel and associated works. Donald Mineral Sands project (Panel) 2008: Amendment C88 to the Bass Coast Shire Planning Scheme - Silverleaves, Phillip Island (Panel) 2008: proposed residential subdivision at Seymour Road, Viewbank for local landowner (VCAT) 2008: Proposed medium density development located on the corner of Point Nepean Road and 1-1A Chatfield Avenue, Rosebud for Fulcrum Town Planning Pty. Ltd. (VCAT) 2008: Residential development at 2 Rowe Street, Alphington for Rob Wignall Architects (VCAT) 2008: Officer Service Centres, Officer for Clayton UTZ Pty. Ltd. (VCAT) 2007: Anglesea Golf Club proposed Amendment C32 for TGM Group Pty. Ltd. (Panel) 2007: Medium density housing at 2 Ramptons Road, Eltham for Nillimbik Shire Council (VCAT) 2007: Medium density unit development in Frankston (adjacent to Kananook Creek) for Gary Testro Lawyer (VCAT) 2007: Single dwelling development at 683 Great Ocean Road, Eastern Views, Victoria for SJB Planning Pty. Ltd (VCAT) 2006: Construction of a dwelling at 8 Charlotte Court, Warrandyte - for Glossop Town Planning Pty. Ltd. (VCAT) 2005: Dollar Wind Farm, Gippsland for Freehills Lawyers (Panel) Expert Witness Statement Amendment C267 to the Greater Geelong Planning Scheme 13

14 Author s Declaration I, Aaron Organ, have made all the inquiries that l believe are desirable and appropriate and that no matters of significance which l regard as relevant have to my knowledge been withheld from the tribunal Date: 28/10/2013 Expert Witness Statement Amendment C267 to the Greater Geelong Planning Scheme 14