[Abridged version]
Compiled by Jean Gardiner
and Geoff Giles
27/7/99
INDEX
SEQUENCE OF EVENTS
HARDING PARK – LACK OF INFORMATION
ACCESS TO DOCUMENTS
HARDING PARK – EXEMPTION OF AMENDMENT
FROM NOTIFICATION
HARDING PARK PROJECT MANAGEMENT
HARDING PARK PLANNING ISSUES
DOCUMENTS INCLUDED WITH ORIGINAL REPORT
SEQUENCE OF EVENTS
- Site temporarily reserved as Public
Gardens
- Site permanently reserved as Public
Park – memorial to Silas Harding
1961 Use of Public
Park for parking
Revocation of Public
Park reservation by Land (Miscellaneous) Act. The
site retained the zoning Public Open Space – Reservation
B Public Park
- New Planning Scheme (March)
Central Activities Area Revitalization
Program (July) – no reference to possible change in
land use for Harding Park
Open Space Policy (August) "that
the sale of public open space be subject to an extensive
process of public consultation and review."
Part 25.6.16 states "Generally
local open space should not have on site car parking"
Harding Park retained its equivalent
status – Public Park Recreation Zone
Meeting closed to public to discuss
Development (File No SGO 442). It was revealed in question
time at Council Meeting July 14th, 1999 that
this was the residential development of Harding Park.
- May Gazettal of Planning Scheme Amendment
– rezoning Harding Park to Urban Residential 2 – medium
to high rise = site to be sold by tender
June 3rd information in
Geelong papers of rezoning and sale of Harding Park
by tender.
HARDING PARK – LACK OF INFORMATION
The articles in the Geelong newspapers
in March 1999 are the only sources of information provided
to the community prior to the approval of the rezoning
of the site and its sale by tender.
This information is inadequate.
It was not stated that the City of Greater
Geelong (COGG) had discussed the issue.
The Victorian Government Properties Group
(VGPG) had let a contract to a private consultant in January
1998 to oversee the sale and marketing of the site.
The spokesman said that the rezoning would
be dealt with by Mr Maclellan. Neither COGG or the Department
of Infrastructure (DI) made it known to the public or
community groups that the Minister would prepare the planning
scheme amendement and that the Minister has discretionary
powers to exempt the amendment from notification and that
there would be no opportunity for submissions in this
instance.
This statement from the spokesman for
the Department of Treasury and Finance (DTF) is not clear:
"If and when that rezoning occurred
and not before – we would then look at the possibility
of offering it for public sale."
It would seem that the sale process was
in place and the two aspects of the development were being
processed at the same time.
ACCESS TO DOCUMENTS
The Geelong Historical Society has no
records of the Revocation in 1998 of Harding Park as a
Public Park, indicating that there was no public disclosure
of this change. We have not, to date, been able to access
information relating to the circumstances leading to the
Land Act, nor the criteria used to determine that the
site was surplus to requirements.
The Council meeting of September 9th,
1998 did not identify the development. This is now known
to be the development of Harding Park. Why was this
not stated at the time? Because of commercial in confidence
the City of Greater Geelong Council will not provide access
to the minutes or any reports relating to the rezoning
and sale of Harding Park.
There are important policy issues that
are separate from any development proposal – open space
being taken for residential use, the sale of public land,
the aesthetic and historical significance of the site.
These are issues which should have been debated in open
Council with opportunity for public participation.
In a telephone conversation, and officer
of the Victorian Properties Group said there were no reports
on these issues, only correspondence, from the City of
Greater Geelong.
The Department of Infrastructure in Geelong
has no public documents, only an internal report to the
Minister, which is confidential.
HARDING PARK – EXEMPTION OF AMENDMENT
FROM NOTIFICATION
The Minister exercised his discretionary
powers under Section 20 of the Planning Act to exempt
Amendment R239 from notification and this position was
supported by the City of Greater Geelong.
Neither the Minister nor the Council have
explained why it was considered that the notification
was not warranted when the site is of aesthetic and historical
interest and of cultural value to Geelong.
The exemption removed the opportunity
for submissions, and an independent inquiry with access
to reports to substantiate the claims made in the Impact
of the Amendment.
The new Planning Scheme with Harding Park
zoned Public Park Recreation Zone, the Central Activites
Revitalization Project and the Open Space Strategy were
all presented for public inspection with provision for
submissions immediately prior to the Council meeting in
September 1998. There was no indication of a possible
change in land use in any of these documents.
The Council decided on a course of action
which was not part of its strategic direction and which
completely excluded the residents of Geelong from the
decision making process.
HARDING PARK PROJECT MANAGEMENT
The report on Amendment R168 was released
in November 1998, drawing attention to the identification
of concerns at the outset and the desirability of an exhaustive
"environmental scan" of all likely emerging
issues at the commencement of the project.
There is no evidence that the City of
Greater Geelong and the various agencies have heeded this
reference to good project management practice.
Important issues are emerging at the end
of the process:
- The use of commercial in confidence
- The complete absence of community consultation
- The loss of open space, in particular
an historic public park with an outstanding view of
Corio Bay, to car parking and private residences.
- The sale of public land.
Under the process, no provision has been
made to address these emerging issues.
HARDING PARK PLANNING ISSUES
Section 12(2) of the Planning and Environment
Act 1987 states:
"A planning authority must implement
the objectives of planning in Victoria."
This has not been done. (The following
relates to the relevant sections of the Act).
Section 4
(1) (d) Harding Park is an area
of aesthetic and historical interest and cultural
value. It has not been conserved and enhanced.
(2) (h) The procedure for amending
planning schemes is not clear because of:
Section (1) (d) "the Minister
may prepare any amendment to a planning scheme without
accessible criteria and guidelines for this,"
and
Section (20) Exemptions from giving
notice.
Again there are no accessible
criteria or guidelines as to when notification is
not warranted.
(2) (h) There was no public participation
in decision making.
(2) (i) The people of Geelong and
visitors to Geelong are affected by the changed use
of the site and received no notice. The City of Greater
Geelong is not exempt from giving appropriate notice
of its intention to co-operate with the State Government
in this change.
(2) (j) The use of Section 89 (2)
of the Local Government Act and commercial in confidence
by the City of Greater Geelong and the use of Section
20 of the Planning Act by the Minister, combined with
Section 39 of the Planning Act, have denied an accessible
process for just and timely review.
Section 12 (2) (ab) states
"A planning authority must have
regard to any municipal strategic statement, strategic
plan , policy statement, code or guideline which forms
part of the Scheme" (Planning Act 12 (2) (ab).
The following are part of documents
which are part of the Scheme
To conserve and enhance those buildings,
areas or other places which are of scientific, aesthetic,
architectual or historical interest or otherwise of
special cultural values (Objectives 4 (1) (d)
Significant natural landscapes, open
spaces, vegetation, habitats and flora and fauna being
protected for the enjoyment and health of present and
future communities (MSS 21.3 P6)
A distinctive Central Activities Area
that hosts a wide range of retail, commercial, civic
and entertainment facilities, lively public places,
a sense of history, open spaces and provides good connections
to the waterfront and surrounding precincts (MSS P16)
It is obvious that Geelong has a lot
to offer in terms of lifestyle with its proximity to
Corio Bay and Eastern Park, its parks and gardens and
the recreational opportunities these offer (CAA Vision
21C)
DOCUMENTS INCLUDED WITH ORIGINAL REPORT
‘City parking cloud’ Geelong News 23/3/99
‘Prime foreshore land may go to housing’
Geelong Advertiser 17/3/99
‘Keep Harding Park in the public domain’
Letter to the Editor, Geelong Advertiers 30/3/99 Peter
Alsop
Minutes of Ordinary Meeting, City of Greater
Geelong, 9/9/98 p.20 closure of meeting to public.
Greater Geelong Planning Scheme Amendment
R239 Explanatory Report
Geelong/Steampacket Place Waterfront Project
Amendment R168. Report of an Advisory Committee, November
1993. ‘Seawall and Gardens’ p.17.
Excerpt from Planning and Environment
Act 1987
Excerpt from City of Greater Geelong,
Open Space Strategy, Dec. 1997 & Aug 1998
Excerpt from City of Greater Geelong,
Urban Growth Strategy, April 1996
Excerpt from City of Greater Geelong,
CAA Revitalization Program ‘Priorities – Top 20’, p.17.
(Points 17, 18, 20 highlighted.)
