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MCMC's role includes both statutory planning (that is commenting on individual planning issues as they arise) and strategic planning (setting guidelines for the future).
1. Statutory Plannning
MCMC has no formal powers in terms of statutory planning beyond those of an affected individual. It is not a statutory authority or a planning authority in the sense of the Planning Act. Initially it was critical for MCMC to be able to demonstrate that it is affected by developments it wishes to object to in order that it have the right for its views to be heard. This issue has been side-stepped by the establishment of a planning overlay along the Creek (see below) which amongst other things specifically requires that planning authorities take MCMC's views into account when making decisions on developments within the overlay area.
In order to guide developers, planning authority staff and MCMC staff, member representatives and planning consultants, MCMC has prepared a 22 page document titled "Development Guidelines for the Merri Creek" which sets out the vision for managing the Merri Creek and objectives for managing development along the Creek under five design themes that contribute to the overall quality of the Creek and its environs. The guidelines provide objectives, criteria, design suggestions and techniques for the design themes. The Development Guidelines for Merri Creek were adopted by MCMC in May 2004, but are currently under review - a draft has been prepared, but feedback from Councils is that local policies should be drafted and incorporated into the 6 Council's planning schemes to state the essence of the guidelines. The document would still be useful in expanding and providing design suggestions and examples of how to meet the criteria established. An earlier version of the Guidelines is available here.
MCMC is notified in writing of planning applications affecting the Merri Creek by planning officers from the Councils abutting the Creek. MCMC then has the opportunity to make no comment, comment but not object, not object unless certain comments are acted on, or to object giving grounds for objection. Depending on the nature of the proposal, and availability of staff time and expertise, MCMC may employ a planning consultant to identify possible courses of action and sometimes to pursue one after being instructed to by MCMC's Manager.
2. Strategic Planning
State-level strategies
MCMC makes written submissions on relevant state-level strategies, such as the Draft Flora and Fauna Action Statement, and Melbourne 2030 etc, but more effort is put into regional level strategies.
Regional level strategies
The Merri Creek and Environs Strategy falls into this category. It is the main strategy guiding MCMC's activities. Work on the MCES started in 1992 when the strategy was to be called the Merri Creek Concept Plan. Whilst the document was controlled by a Steering Committee of stakeholders, and Melbourne Water managed the document's production, MCMC made major input to it. MCMC has dedicated one of its subcommittees to oversee and coordinate the implementation of the strategy.
Melbourne Water is preparing a Merri Creek Waterway Activity Plan to guide its activities along the Merri Creek. The level of real collaboration in their production of this plan leaves much to be desired.
Regional Issues
A number of regional issues with major strategic planning implications have been important for MCMC to be involved in.
The F2 Freeway was originally proposed to run from the north of Craigieburn south along the Merri Creek to the Yarra. Its southernmost section (south of Bell St) was removed from planning schemes in the 1980's, before MCMC was set up. In the early 90's the section south from Mahoney's Road to Bell Street was removed after campaign work by MCMC and Friends of Merri Creek. In the late 1990's it became clear that VicRoads was seeking funding to construct the section from Craigieburn to Mahoney's Road. This was of major concern given that the route crossed the Creek 3 times and traversed one of the most significant remnant native grasslands in the State (the Craigieburn Grasslands). Delegations were arranged with Federal and State Ministers, and with each of the Councils to identify MCMC's concerns and to have this last section of the freeway cancelled. While Friends of Merri Creek set up a community campaign, MCMC stayed with more formal and behind the scenes approaches. Two sets of hearings were held by an advisory committee set up by the Planning Minister under the Planning Act. MCMC prepared detailed written submissions to these hearings, made presentations to the hearings and where it was allowed to, cross-examined VicRoads' witnesses. The battle was lost, and the freeway is under construction now, however major improvements were achieved, including route re-alignment outside of the significant grasslands, state of the art stormwater protection measures, and a commitment to the creation of a major new park along Merri Creek (Merri Creek State Park proposal). Friends of Merri Creek has launched a legal action against the Federal Government for funding the freeway on the grounds that proper processes were not followed.
Urban sprawl eating up rural areas in the mid-Merri is another major issue of concern to MCMC. Sprawl has implications for water quality and quantity in the Creek, as well as for habitat values and linkage and a host of other issues. Major new sewerage development to service the sprawl is required and this has its own impacts. It is clear that the freeway and sprawl issues are closely interrelated.
Habitat protection is another major issue which has exercised MCMC. At present the mahjor strategy for habitat protection is via the creation of the Merri Creek Park mentioned above. The boundaries and nature of this park is being investigated by Parks Victoria with a consultative group on which MCMC and FOMC are represented.
Planning schemes covering the catchment
MCMC has had input to the development of Planning Schemes for its member Councils. Its input sought to increase protection of areas of environmental and heritage significance, especially native grasslands in the catchment, to protect its landscape character and to protect the water quality of the Merri Creek. A complete overhaul of planning schemes was undertaken in 1997? and MCMC made submissions and presented its submission to each of the municipal hearings.
Where planning schemes amendments which affect the Merri Creek or important aspects of its catchment, MCMC makes comment on these matters through the formal processes. In many cases prior to the planning scheme amendment process a less formal process of consultation occurs between Council planning officers and MCMC staff.
In some cases MCMC objects to planning scheme amendments where these would be prejudicial to MCMC's aims.
Merri Creek Environment Significance Overlay
A planning control (the Merri Creek Environment Significance Overlay) has been established along Merri Creek between the Yarra and the northern boundary of the City of Whittlesea. The intention of the overlay is to protect the environmental, heritage, recreation, landscape and waterway function of Merri Creek and its parklands. The Overlay has been implemented in each of MCMC's member Municipalities slightly differently, although the intention was for the overlays to be completely consistent. The overlay gives MCMC the opportunity to provide its views to the planning authority regarding developments within the overlay area unless no permit is required for the development.
Municipal strategies
MCMC makes input to municipal strategies such as the Stormwater Management Plans prepared by each of the member municipalities, open space strategies, the City of Whittlesea's Rural Review etc. These comments are prepared by the Manager and the Conservation Coordinator, based on MCMC policy. Where timelines permit, significant issues will be raised at a Planning and Issues Subcommittee meeting or at a Committee of Management Meeting.
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