submission cover sheets · and physical education program and after hours/weekends by community...

Organisation:

Affected property:

718

Marcellin College

c/ Rhodie Anderson Rigby Cooke Lawyers

160 Bulleen Road, Bulleen

Letter_submission

Please refer to the attached submission

Attachment 1:

Comments:

Full Name:

yesRequest to be heard?:

Submission Cover SheetNorth East Link Project EES IAC

Attachment 2:

Attachment 3:

Level 11, 360 Elizabeth Street

Melbourne Victoria 3000

GPO Box 4767

Melbourne Victoria 3001

T +61 3 9321 7888

F +61 3 9321 7900

www.rigbycooke.com.au

ABN 58 552 536 547

DX 191 Melbourne

Our ref: REA: 20190693 Direct dial: 03 9321 7832

Your ref: Direct email: [email protected] Page: 1/9

Liability limited by a scheme approved under Professional Standards Legislation 20190693_3174757v1

7 June 2019 Joint Inquiry and Advisory Committee North East Link c/o Planning Panels Victoria 1 Spring Street MELBOURNE VIC 3000 By online submission Dear Sir/Madam Submission to Joint Inquiry Advisory Committee

North East Link Marcellin College - 160 Bulleen Road, Bulleen We act on behalf of Marcellin College (Marcellin), the owner1 and occupier of land at 160 Bulleen Road, Bulleen (Marcellin Campus).

This is our client’s submission on the Environmental Effects Statement (EES) and Planning Scheme Amendment GC98.

Marcellin generally supports the North East Link Project (Project) and recognises the community benefit of improved road infrastructure. However, Marcellin does not support the proposed temporary occupation of any part of the Marcellin Campus during construction of the Project or permanent occupation (via compulsory acquisition) post construction. It does not appear, from the exhibited documents, that permanent occupation is proposed, however, Marcellin seeks written confirmation that permanent occupation is not required. Temporary occupation of Marcellin Campus (including changes to the access/egress to Bulleen Road) would have significant detrimental impacts on the operation of the Marcellin

Campus and the wellbeing of the 1430 students. Given the significant impacts (as detailed

below), the proposed compound must be located on a more suitable site. Background

Marcellin is a secondary college for boys and has occupied the site since 1963. The Marcellin Campus comprises 14 hectares and consists of multiple learning areas (located towards the rear of the site) and three key sporting facilities (Bray Oval, Lyons Oval and Gartner Fields) located along the Bulleen Road frontage.

The sporting facilities are utilised daily by Marcellin students as part of the schools’ health and physical education program and after hours/weekends by community groups including Old Collegians, St Clements Primary School and others. Access to the Marcellin Campus is via Bulleen Road and Sandra Street.

1 By association with the Trustees of the Marist Brothers.

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A campus map is provided below at Figure 1.

Figure 1 - Campus Map

Bulleen Road has one entry and egress point running between Gartner Fields and Lyons Oval (Primary Access Point). An additional egress only point is provided to Bulleen Road to the south of Lyons Oval (Secondary Access Point). Sandra Street is a residential street and provides an alternative entry and egress point, however, buses and heavy vehicles

cannot access the Marcellin Campus from this point. Bus access/egress is via the Primary Access Point. Marcellin proposes to undertake major redevelopment works in the next 18 months with access for heavy vehicles required during this period.

Project impact on Marcellin Campus Marcellin Campus is identified in the Environmental Effects Statement (EES) as being affected by the Project. Specifically, Sheet 22 of 42 of the ‘North East Link Project - Horizontal plan: construction

reference design’ (extracted below) identifies the following (among other things):

• Parts of Gartner Fields and Lyons Oval on the Marcellin Campus sit within the ‘Project boundary’ and the ‘Indicative area of potential construction compound’; and

• The opening of the tunnel is located immediately to the east of the Marcellin Campus including proposed open cut or cut and cover works and the cut and cover tunnel.

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Sheet 22 of 42 of the ‘North East Link Project - Horizontal plan: operation reference design’

identifies the following (among other things):

• Bulleen Road as a ‘Proposed surface road’, extending from a ‘Proposed elevated ramp or structure’ to the south of the Marcellin Campus;

• An upgraded Primary Access Point with a slip lane entry and egress onto Bulleen

Road (Upgraded Primary Access Point);

• The closure of the Secondary Access Point to Bulleen Road with a new connection

around Lyons Oval to the Upgraded Primary Access Point;

• A ‘Proposed Sewer’ traversing Gartner Fields and Lyons Oval; and

• A ‘Proposed ventilation structure’ to the west of the Upgraded Primary Access Point.


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Appendix E (Community infrastructure facilities) to Chapter 17 of the EES identifies the

impact rate for the function of the facility and on users as minor-moderate. Appendix E provides the following summary on the impact on the Marcellin Campus:

Marcellin College is located to the east of works on Bulleen Road. Its most western

sporting field and a portion of the next field would be occupied by a temporary

laydown area. Consequently, the school and associated users would temporarily lose access to these facilities at this location, including a number of community groups.

The facility would likely experience a change in the noise environment, which has the

potential to impact on users and managers. Temporary and intermittent increase in noticeable levels of noise could disturb conversation, impact people’s capacity to

participate in work and learning activities, and outdoor play and learning activities.

The EPRs outlined in Technical report C – Surface noise and vibration would manage

noise changes at community facilities to be within acceptable noise limits during most

times. At times, there could be temporary and intermittent disruption due to increased

noise levels but noise changes would be unlikely to impact on the functionality of the community infrastructure facility.

Details of the significant detrimental impacts of temporary occupation on the operation of the Marcellin Campus and the wellbeing of students is detailed below.


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Temporary occupation Marcellin has engaged regularly with North East Link Authority (NELA) over the past two years. NELA has stated that the Project does not necessitate the permanent acquisition of any of the Marcellin Campus. Marcellin seeks an undertaking that no permanent acquisition of any part of the Marcellin Campus will occur. Table 9.4 ‘Land acquisition and temporary occupation of open spaces and recreational areas and facilities’ in Technical Report I - Social of the EES identifies that 20% of Marcellin

College will be occupied during construction and 1% during operation. Temporary occupation of significant parts of Gartner Fields and Lyons Oval (Temporary Occupation) will have a detrimental impact on sports and recreational uses on the Marcellin

Campus both for the school and community groups. At least two, possibly three, of the sports grounds will be unavailable for use during Temporary Occupation. The suggestion by NELA that alternative off site facilities will be made available for the period of Temporary Occupation is unacceptable, will be disruptive to the class timetable and expensive with buses being required to transport students to and from the offsite facilities.

The sports grounds are used 7 days per week, both during the day and into the evenings. Specifically, the loss of facilities arising from the Temporary Occupation will impact on:

• School health and physical education programs;

• Inter School sports (including AFL football, soccer, rugby, cricket);

• Old Collegians sports (AFL football, soccer and cricket); and

• Community groups (who use the facilities from time to time) such as: Marcellin Eagles Basketball Club;

A number of Catholic Primary Schools for various sporting carnivals/competitions; “Shegles” Womens Football teams; Local Parishes for family days etc; and Other community groups on request.

We note that a construction compound is proposed on the western side of Bulleen Road, to the south of the Veneto Club. A larger construction compound in this location would be more appropriate than the current proposal. The compound would impact the sport and recreation

facility for Carey Grammar, however, as this site comprises sporting facilities only, the impact would be significantly less than the current proposal.

It is unclear from the exhibited documents how the construction compound is to be used. It is possible that the compound could be used for:

• Construction (including bitumen) of a temporary diversion of Bulleen Road; and

• The storage of spoil or other potentially contaminated waste. The potential ramifications (short and long term) of such uses on a school site are a serious

concern for Marcellin.


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Access The Marcellin Campus requires unrestricted car and bus access from Bulleen Road at all times (including weekends). Approximately 75% of students arrive and depart the Marcellin Campus via bus to Heidelberg Station and other local destinations. The bus movements are estimated at 24 per day. Buses are unable to access the Marcellin Campus from Sandra Street, therefore, it is critical that continuity of access to and egress from the Primary Access Point is maintained.

Marcellin submits that:

• during construction works to Bulleen Road unrestricted access/egress to the Primary Access Point must be maintained;

• temporary traffic lights must be installed at the Bulleen Road and Primary Access Point; and

• Bulleen Road must not be diverted onto the Temporary Occupation area.

Visual impact

A 40 metre ventilation stack (Stack) is proposed in close proximity to the Marcellin Campus entrance. The Stack, at this scale, must be designed and located to reduce the visual impact by measures such as:

• locating the Stack to the west of the tunnel entry; and

• the use of appropriate materials to ensure it is sensitive to the existing surrounds. Emissions from the Stack Marcellin has serious concerns about the potential impacts on the health and wellbeing of its

students and staff. Potential emissions from the Stack as identified in Table 66 of ‘Technical

Report B - Air Quality’ shows the location of the predicted maximum within the Marcellin Campus for option 5.

Marcellin seek assurances that emissions from the Stack will not adversely impact the air quality in and around the Marcellin Campus. Amenity

Other potential amenity/environmental impacts on the Marcellin Campus arising from the Project include noise, dust emissions and ground movement both during construction and post completion.

Marcellin’s key concerns are:

• Noise - the impact of noise on students’ concentration levels during class is a major concern during the construction period and post construction. NELA should


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install noise barriers and double glazing to affected windows to mitigate any impacts.

• Dust emission - the EES recognises the potential for dust from the construction of the Project. Marcellin seeks assurances that the Marcellin Campus will not be adversely impacted from dust emissions and would like to be consulted on any Dust and Air Quality Management and Monitoring Plan prepared for the implementation of the Project.

• Ground movement - ‘Chapter 21 - Ground movement’ states: The assessment considered the potential for ground movement associated with

these works to cause settlement, depressions, ponding of water and damage to

the playing fields (risks GM17, GM18).

It is estimated that approximately five and ten millimetres of settlement could

occur at the eastern boundary of the playing fields. This degree of settlement is

classified as negligible and would not impact the function of the playing fields. The

buildings on the property are set well back from Bulleen Road and would not experience ground movement.

Marcellin has spent a lot of time and money maintaining the sporting facilities to the standard

required for completion level. Settlement of the playing fields of 5 to 10 millimetres is unacceptable. Measures must be implemented to ensure that the facilities are not impacted by the Project.

Marcellin must be consulted during the preparation of any Ground Movement Plan prepared

for the implementation of the Project. Loss of mature trees The Bulleen Road frontage of the Marcellin Campus comprises large mature trees, some of

which were planted for approximately 50 years (depicted in the below Google image). It is unclear from the EES material whether all or some of the trees are proposed to be removed to facilitate the Project.

The removal of large, significant trees should be avoided.

Source: Google street view


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Assurances and management during construction Marcellin require certainty around the timing of works adjacent to the Marcellin Campus including:

• Commencement dates;

• The estimated duration of works;

• Rectification works required; and

• Completion dates. These details are integral to ensuring Marcellin can properly manage impacts to the Marcellin Campus.

Physical impacts on Marcellin Campus frontage Marcellin has a duty of care to maintain safe access to the Marcellin Campus.

Marcellin is concerned about potential damage to key infrastructure during the Project including:

a. Structural integrity of the Front Fence;

b. Trees;

c. Main entrance – structure & signage;

d. Irrigation;

e. Sylvester Drive exit;

f. Crema Drive entrance/exit;

g. Water pumping station;

h. Fire Services (external); and

i. Fire Pumping station and Storage tanks.

All of this key infrastructure is located in compliance with safety regulations. Marcellin require details of the potential impacts (if any) of the infrastructure and where impacts are proposed, the mitigation measures. Deterred enrolments Marcellin is concerned that prospective students may be deterred by the Project construction. Marcellin would like an undertaking that NELA will compensate Marcellin for

any loss arising directly or indirectly from Project impacts on student enrolments.

Water

Marcellin holds a licence to pump water from the Yarra River into a dam located to the north of the Marcellin Campus and utilised by both Marcellin and Trinity College for the purpose of

irrigation. Access to this water is critical for maintaining the sporting facilities and the landscaping throughout the Marcellin Campus.


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If access to irrigation water is jeopardised by the Project, Marcellin will need to access water from the reticulated supply at significant cost. Marcellin submits that it should be reimbursed for any costs for using the reticulated water supply including establishment costs and usage costs both during construction and operation. Relocation of sewer The relocation of the Yarra East main sewer (Sewer) is proposed through the Marcellin Campus either in sub-surface strata or Easement.

Marcellin submits that:

• any works undertaken to relocate the Sewer should not interrupt essential services to

the Marcellin Campus both during school hours and during afterhours activities;

• any sub-surface or surface works to relocate the Sewer should not cause damage to the Marcellin Campus. NELA must make good any damage caused;

• any works relating to the relocation of the Sewer should not impede continuity of access to the Marcellin Campus; and

• Marcellin must be compensated for any grant of an easement required to relocate the

Sewer. Continuing Consultation

At this time, the Project design is uncertain and may be subject to change throughout the

EES process and during construction. Marcellin must be consulted prior to any changes to the Project design which affect the Marcellin Campus. In conclusion, Temporary occupation of Marcellin Campus (including changes to the access/egress to Bulleen Road) would have significant detrimental impacts on the operation

of the Marcellin Campus and the wellbeing of the students. Given the significant impacts the proposed compound must be located to a more suitable site. Our client reserves the right to make any further submission.

If you have any questions, please contact Rhodie Anderson on 03 9321 7832.

Yours faithfully

Rigby Cooke Lawyers

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