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Werribee South Boatshed Precinct Improvement Plan Submission

 

22nd October, 2005 

 

Mr Russell Beer

Open Space Planner

Wyndham City Council

PO Box 197

WERRIBEE VIC 3030

 

Dear Russell,

 

 

Werribee South Boatshed Precinct Improvement Plan

 

The Wyndham Boatshed Association (WBA) represents over 90% of the 144 boatsheds situated within the Werribee South Foreshore Reserve.  Contrary to the public outcry of a few dissident boatshed occupiers and the incorrect information being spread along the foreshore over the last 3 years, most boatshed owners are happy to comply with the regulations set out in the Wyndham City Councils Boatshed Management Policy, which was adopted by council on October 20, 2003.

 

In the Boatshed Management Policy a fee is charged on an annual basis on shed occupiers as well as council rates.  The annual fee is to be used for the improvement of the Werribee South Boatshed Precinct.  Most boatsheds have been owned by people who have occupied them for many years, and as such have a greater intimate knowledge of the area than others who visit it on an irregular basis and place visions on this foreshore based on other areas of Port Phillip Bay, which have a totally different aspects and orientations to the Werribee South Foreshore Reserve.  As such, the WBA believes that as it is our money being spent on the foreshore for the publics benefit, a far greater weighting should be given to the submissions presented by boatshed occupiers.

 

We also note that when the Foreshore improvement plan for around the Werribee South Township was released for public comment, an information evening was held to which the general public were invited.  We question why this was not offered to all in regard to the Boatshed Precinct Improvement Plan.

 

This submission is based on member input and fundamentally supports the Werribee South Boatshed Improvement Plan.  However, through all negotiations with Council the WBA has requested that Foreshore Management Committee be formed to oversee the implementation of all policy and regulations relating to the Werribee South Boatshed Precinct.  We still stand by this request.

 

 

Yours truly

 

 

 

 

 

Harley Hazlewood-Smith

President

 

 

Werribee South Boatshed Precinct Improvement Plan Submission

Prepared by The Wyndham Boatshed Association Inc.

 

 

 

 

In the Werribee South Boatshed Precinct Improvement Plan Report prepared by KLM Gerner Consulting Group the report mentions the Draft Boatshed Management Policy.  The report lists key issues

 

 

Resolution of Boatshed Management and policing policy

 

This policy was adopted by Council on October 20, 2003.  It also mentions some conditions of a boatshed but fails to mention:

 

  • All boatsheds were measured in January 2001 and photographs were taken of each boatshed.  These are the basis for the sheds and with all negotiations with council are the “line in the sand”.  ie the boatshed in its “original shape and building envelope”

 

  • It is noted in the policy that the launching of boats from the beach is an acceptable practice.

 

  • Council to date has collected over $60,000 which is only to be used for the improvement of the Werribee South Boatshed Precinct.

 

  • The policy states that there will be no increase in boatshed numbers, however that is not to say that the number may decrease either. 

 

Proposed Bay Trail and Car Parking

 

The WBA supports the proposed Bay trail on the condition that it does not alter parking that is already adjacent to boatsheds.  Should the land be too narrow to allow for car access, car parking, and the bike trail either shared access be allowed, or as the report states land be acquired to allow for the bay trail.  The report does not mention the fact that both Cunningham and Campbells Cove Roads are dead ends therefore, unlike other coastal roads, which this report appears to allude to there, is no through traffic.  The population density of the area is not that of the eastern side of Port Phillip Bay, nor that of Altona.  Traffic is not going to reach the levels as of the other side of the bay and a shared road with a clearly defined bike zone would be a practical solution.  As described later the swales in the current road provide a significant speed limiter and should be maintained in road improvements.  Perhaps the experts could be asked to provide their anticipated car numbers, for the WBA does not see why the Boatshed occupiers, who have tolerated the neglect from council over the years, should be should have items moved or removed to allow for something new.

 

Current Coastal Land Width.

 

The report states that in places the coastal strip is quite narrow, and that the acquisition of private land should be investigated.  The WBA proposes that any improvement that is constrained by the narrow nature of the coastal reserve be postponed until sufficient private land is acquired.  If the land cannot be acquired then the improvement should be abandoned.

 

 

 

 

 

 

 

 

Protection of agricultural land.

 

The report notes that increased visitation will have some detrimental affects on landholders and their agricultural businesses.  This will also have potential detrimental affect on Boatshed Occupiers through vandalism, littering, and trespass.  The report suggests that potential visitors may be at conflict with machinery noise, spray drift and odours from fertilizers.  We wish to highlight the fact that these exist now, and as long as the land is agricultural then these will always exist.  We see no reason why this should be an issue in the future when it has always been there.  The general public has a choice to use the beach(es) or go elsewhere.  The same cannot be said for the market gardeners.

 

We note that the report treads lightly on the fact that the current fence line with the private landholders is primarily composed of noxious weeds.   We support the placement of temporary protection until the indigenous plantings are established, on the proviso that these temporary structures are maintained, but not at the cost of the boatshed community.

 

Drainage Outlets

 

There are 4 drainage outlets that are the property of Southern Rural Water that discharge into Port Phillip Bay.  The discolouration of the bay that these cause at times must be addressed – again at the cost to the provider.  The swales in the road act as drainage for the road and are an important speed limiter and the WBA asks that these be maintained in the future roadworks proposed for Campbells Cove Road

 

Steep and eroding Cliff Faces

 

The Coastal strip between the Campbells Cove Boatsheds and Baileys Beach Boatsheds is a prime beach which, with rock beaching could become a well visited beach.   The WBA does not object to any planting and/or fencing of these cliffs as long as access to boatsheds is not impeded.  The Boatshed Community is open to consultation should the potential for access to any boatshed be impeded and requests to be informed should this be the case.

 

Clothing Optional Beach

 

The WBA agrees that this area has the greatest potential for development within the precinct. We see the clothing optional category that relates to this beach as the greatest impediment to it being fully utilised by the general public.  We urge council to make representation to the State Government to repeal the clothing option for this section of beach prior to any money being spent on this area of the precinct.

 

Dumping

 

The WBA has conducted annual hard rubbish collections from the boatshed precinct since 2003 at its members cost.  The WBA also requested that Council remove the dump master from the Foreshore reserve as this was being continuously used as a refuse transfer station by persons not affiliated with the precinct. Contrary to allegations most of the rubbish collected does not come from the boatshed community but is dumped by persons not affiliated with the area.  The report states that this rubbish “when it blows or is deposited in the water as it can get tangled on the numerous sea and migratory birds which use the coastal strip.”  The report makes no allowance for rubbish being brought ashore with the tidal movement from other parts of Port Phillip Bay.  If Council is to consider improvements to the foreshore as outlined by this consultancy group provision must be allowed for regular beach cleaning as well as rubbish collection.  The boatshed community manage their rubbish at their expense, and again do not want to bear the cost for this.

 

 

 

 

 

 

Ad hoc groynes, boat ramps and associated structures.

 

In the past reports have stated that the ad hoc groynes built by boatshed occupiers has not stopped the beaches eroding.  It is pleasing to see that a report now confirms what all boatshed occupiers knew, that these structures were preventing further scouring of the beach, and actually increasing sand build up.  Theses groynes have been highlighted in the report as being obstructions along the beach.  The WBA states that without these groynes there would not be a beach at all, and the alternative groynes as outlined in the report being at least 20m long, 2.5m high 4.0m in width at the top, and 11.5m wide at their base will provide a far greater obstruction than at present.  Perhaps other alternatives should be investigated, Hardwood timber could be one alternative as we note the Point Cook Airbase pier is still standing.

 

We also believe that no consideration has been given to the large amount of sea weed that comes ashore on this side of the bay.  We believe that no consideration has been given to the Southerly aspect that Campbells Cove and Baileys Beach have to Port Phillip Bay as opposed to other foreshores around the Bay that have Bathing Box and Boatshed Structures on them.  This Southerly aspect means that with the prevailing wind being South to South Westerly, kelp is moved in an easterly direction along the foreshore.  Groynes over 20m in length are going to capture this and it will decompose with quite an odour – not very conducive to a popular beach.  The same occurs in the opposite direction when a Northerly wind blows through Melbourne, as this creates an Easterly wind on the Bay and so the weed is moved West along the foreshore.

 

No consideration has been given to the mussel and sea grass beds, these appear to be at risk should the groynes be sited as per the plans outlined.  It appears that the seagrass will be covered by a build up of sand, and mussel beds will be scoured out as they are on the Easterly side of one of the proposed groynes.

 

The boatramps are required by boatsheds to store their boats within their sheds.  The WBA proposes that no ramp be removed, rather, should any ramp require repair that the appropriate authority setout the criteria for the repairs. The Standards for Boatshed Construction does not provide any rules or regulations for the ramps and no ramp is on any boatsheds footprint.   As such consultation will be required to ascertain liability should an accident occur, this will fall to Parks Victoria or the Council as their jurisdiction overlap on the beach area.  Until a clear set of guidelines and regulations are provided by the appropriate authority no action should be taken.  The WBA wishes to be party to the setting of the regulations to ensure some knowledge of the requirements of a boatramp  and slipway is present when the regulations are being set.

 

Accessibility.

 

The WBA totally rejects the allegation that “...the absence of breaks between them…”  The boatsheds are in groups of between 6-12, this is an allowance that should one be destroyed by fire only some will catch and not all.  There is ample space at regular intervals between the sheds to allow access to the beach(es).

 

The report also mentions the slipways and ramps as impediments to access to the beach and water.  Boatsheds require ramps and slipways, that is why they are boatsheds, they also require access to the water.  Again we remind Council that the proposed groynes will impede access to the beach and water to a far greater extent than the current ramps and slipways by the sheer dimensions of the proposed groynes.

 

 

 

 

 

 

 

 

 

 

Recommended Works and Actions

 

 

Access Steps

 

The WBA requests consultation with the relevant boatshed occupier regarding any steps that do not meet building codes or safety regulations.  We note that these steps are not listed on any licensees footprint and as such are not covered by any boatshed occupiers public liability insurance.  We suggest that the footprints of some sheds may require to be adjusted with consultation and agreement of the affected boatsheds.  The WBA is happy for steps to be constructed to access the beach between Baileys Beach and Campbells Cove to allow the public access to that beach.  There are several road run offs that lead to the beach in front of the Campbells Cove Boatsheds to allow public access to the beach.

 

Solar Lighting

 

This is listed as providing safety, reduce vandalism, and extend hours of use in the precinct.  Currently the Werribee South Foreshore Reserve regulations as gazetted, restrict the foreshore use to between sunrise and sunset.  The WBA members currently tolerate a high level of vandalism to their sheds and see no reduction due to increased roadway lighting, on the contrary we foresee an increase.  Police numbers in the Wyndham area are insufficient to allow for regular patrols of this precinct, and with no residents the area, is frequently vandalized, robbed and a haven for rubbish dumpers.  We believe lighting will only increase all of the above, and invite camping within the reserve.

 

If lighting is to be considered we suggest the Werribee Foreshore Reserve Regulations be amended in State Parliament to allow legal after dark useage.

 

Shared Pathway

 

The WBA rejects the need for a shared pathway until sufficient land can be acquired to allow for it as well as the current roadway and carparking.  We will only support the shared roadway when traffic numbers can be proven to dictate the need for a separate pathway as we outlined in the Proposed Bay trail and Car Parking section

 

A point that seem to be overlooked but is quite common knowledge regarding Campbells Cove.  This Cove is a breeding ground for sting rays.  Many Boatshed occupiers whilst wading/swimming in the water off the boatsheds has been stung by Sting Ray.  Hospital records from Werribee Hospital will support this assertion

 

Another point that also seems to have been missed is the fact that although there is sand on the beach if you walk out 10-15 metres at Campbells Cove the texture is similar to mud rather than sand.  Not very conducive to making it a popular beach.

 

Community Consultation

 

The Wyndham Boatshed Association is in support of most of the improvements to the Boatshed Precinct but would have appreciated to be consulted prior to the report being distributed to allow for some practical alterations.  This consultation process was outlined in the Council minutes dated September 12, 2005.  Despite a letter to council officers dated September 12th , 2005  requesting a meeting to discuss the plan we have been ignored.  We were not consulted in 2004, although we are aware that surrounding landowners were.  We were made aware of the report when a draft was presented to us in November 2002 with members of the Werribee South community.  We have made reference to this report in numerous submissions to council since then but have never again been asked to comment.

We again highlight the fact that when the township foreshore improvement plan was released, a community information night was conducted.  With the boatshed precinct a letter was sent to boatshed occupiers advising the plan had been released.

 

The WBA never received a copy of the updated report as outlined in the motion put forward on September 12, 2005, nor did any boatshed occupier unless they went to Council and asked for one.  Our secretary was questioned by reception as to whether he resided in Wyndham, and if so, was informed to read it at reception.  When it was pointed out that he was not a resident of Wyndham a call was placed and the receptionist was authorized to distribute a copy.  Insufficient copies were available and some members had to return to collect a copy.  This is hardly a welcoming of community consultation.  It should also be pointed out that 95% of the WBA are non residents of the City of Wyndham and council records will substantiate that.

 

This again leads us to the assumption that council officers are happy to take both our rates and License Fees but prefer to avoid the boatshed community for input on any item that may affect them as we are non residents.

 

The WBA supports the boatshed precinct improvement plan in principal but seeks more consultation especially from council officers, the instigation of the Foreshore Management Committee to oversee the implementation of any works within the boatshed precinct.

.

 

 

 

 September 2005 Update

As boatsheds change hands new people join the foreshore and to assist them in understanding what has been done in the past we have compiled a list of questions that seem to continually pop up.

Frequently Asked Questions

WHY A LICENSE AND NOT A LEASE?

 

The license was the best option when dealing with non - commercial boatsheds.  A Lease provided no security for the existing occupiers because with a lease, the first time the lease was offered every shed would have had to be put out to public (competitive) tender. Every time the lease was to be renewed again a public tender would have to have been made.  This would have given the occupiers no security of tenure from lease period to lease period.  A good example are the Palais Theatre and Luna Park, both are Crown Land under a lease and have been put out to tender recently.

 

Under the Crown Land (Reserves) Act 1978, the maximum length a license can be issued is 3 years.  Wyndham City Council wants the sheds to stay and has outlined that in the Boatshed Management Policy.  Please note with either a license or a lease the Minister responsible for the Crown Lands Act has the ultimate say on how long anyone is allowed to occupy Crown Land.

 

WHY NOT ADVERSE POSSESSION?

 

Adverse possession does not apply to any Crown Land no matter how long you have been occupying it.  It is dealt with in the Limitation of Actions Act 1958

 

WHAT POWER DOES COUNCIL HAVE?

 

All council laws apply on the reserve to the designated low water mark

Council is the Committee of Management on behalf of Minister Rob Hulls, and his agent the Department of Sustainability and Environment.

Basically the Council is the landlord/manager for the state government.

 

WHAT ABOUT OTHER BOATSHEDS AND BATHING BOXES AROUND PORT PHILLIP BAY?

 

Most boatsheds/Bathing Boxes around Port Phillip Bay are on Crown Land EXCEPT some at Brighton Sorrento and Portsea these are on private land owned by council.  Eventually all sheds/bathing boxes on Crown Land will come under similar licenses to ours.  However the groups will be able to tailor the licenses to suit their conditions as we were.

 

 

IF I BUY A SHED, WHAT AM I BUYING?

 

You are purchasing the right to occupy a piece of Crown Land on the Werribee Foreshore Reserve under the rules and regulations set out in the Boatshed Management Policy.

 

WHAT ABOUT THE FUTURE?

 

How long is a piece of string?  The only real answer to this is the fact that the sheds have occupied Campbells Cove and Bailey’s Beach since the 1930’s. They have been on the foreshore reserve for around 70 years now without removal. To remove these sheds would basically require all sheds and bathing Boxes around Port Phillip Bay on Crown Land to also be removed.  It would be a public relations spectacular that this Association would pull out all stops and rally support from the other Associations we are affiliated with. To put it mildly the Local Governments involved as well as the State Government would not come out of such an event looking very rosy.

 

 

WAS THE LICENSE AND BOATSHED MANAGEMENT POLICY THE WAY TO GO?

 

Previous to the Boatshed Management Policy the foreshore had no tenure whatsoever, we basically were on monthly tenure.  The Wyndham City Council in the Boatshed Management Policy states we have 3 year ongoing tenure. The Wyndham Boatshed Association committee believes the best deal was struck under the current regulations (Crown Land (Reserves) Act 1978, Coastal Management Act 1995 being the main regulations) relevant to the Werribee South Foreshore Reserve.  In the long term all non commercial Bathing Box and Boatsheds on Crown Land will be under similar arrangements, fortunately or unfortunately we were the first group of sheds to go through the negotiation process. 

 

 

This Information Fact Sheet is not legal advice.  If you are planning on buying, selling or altering a boatshed, or if you are thinking of entering into any sort of negotiation or correspondence in relation to a boatshed, you should obtain your own formal legal advice.

 

 

The Committee continues dialogue with council regarding all matters relating to the Werribee South Boatshed Precinct

Association Contacts

As at October 2009 the officers of the Association are:

President

Tony Wilde    

 

 

Vice President

Brian Kendall

0419 134 672 

 

Secretary

Paul Saker

0407 704 107

 

Treasurer

Rod Jepson  

0409 300 737     

 

Committee

Brian Croy

0412 650 642  

 

Committee

Harley Hazlewood-Smith

 

 

Committee

David Grodski  

0412 818 088

 

Committee

Tom Kelly

 

 

Committee

Anne-Maree Bartholomew

 

 

  These members represent you, and are more than happy to answer questions on the foreshore.  Please be aware they all do this in their spare time and the response may not be immediate.

 

SERVICES

 The WBA has listed services below that maybe helpful. These services are a free listing that members have been happy with. Please ensure you seek other quotes.

Registered Gas Fitter:

Bertone Plumbing Maintenance Bill Smillie 0412578051 Office 97311470
 

Asbestos Removal:

AsGuard Asbestos Removal
19 Nicklaus Drive Hoppers Crossing 97495888

LPG Delivery:

ELGAS
Darren Pickett 0401987699
Will provide a cylinder that can be topped up on site.

 

 

Useful Links

Wyndham City Council - www.wyndham.vic.gov.au tel 97420777

Department of Sustainability and Environment - www.dse.vic.gov.au

Association of Bayside Municipalities – www.abmonline.asn.au

Central Coastal Board – www.ccb.vic.gov.au

Brighton Bathing Box Association – www.brightonbathingbox.org.au

Werribee South Coastguard – www.coastguard.com.au tel: 97421502

Fishnet – www.fishnet.com.au

Bureau of Meteorology – www.bom.gov.au

Ozwinds – www.ozwind.com.au