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

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

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.

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.

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.

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.

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

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.
 

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.
 

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.

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.

Access Steps

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.

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.

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.
 

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.
 

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

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

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.
 

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.

 

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.

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 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.

Bertone Plumbing Maintenance Bill Smillie 0412578051 Office 97311470
 

AsGuard Asbestos Removal
19 Nicklaus Drive Hoppers Crossing 97495888

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