FAQ

Providing public open space is a priority for Manningham and, wherever possible, Council is committed to expanding its open space network. However limited funds are available to purchase additional areas of public open space.

At its meeting on 15 December 2015, Council formally resolved to purchase land at Glenvill Court and incorporate it as a Council owned municipal reserve into the Green Gully Linear Park. At this meeting, Council also agreed to the sale of Tatterson Reserve to fund the purchase of this land for open space as it would enable the purchase of the additional larger and more strategically significant open space in the nearby area. This will result in a net increase in Manningham’s open space network of 6,621m² (more than 1.5 acres).

Council is purchasing 8,256m² of vacant land in Glenvill Court, Templestowe.

The purchase of this land was identified as an action in the Green Gully Linear Park Management Plan adopted by Council in 2014 and Council’s Open Space Strategy 2014. Acquiring the land is of strategic importance for the Green Gully Linear Park and a major priority for Manningham’s open space network. The purchase will ensure the long term character and amenity of Green Gully Linear Park and will also provide certainty in relation to its ongoing management and maintenance.

During the public consultation associated with the development of the Green Gully Management Plan, there was significant community support for incorporating this land into Green Gully Linear Park.

Green Gully Linear Park is currently 18.7 hectares in size and 2.2 kilometres long, it is an important habitat corridor and includes walking and cycling trails and three playspaces.

Tatterson Reserve is an area of Council owned land of 1,635m² located at 1 Tatterson Court (corner of Meredith Avenue) in Templestowe.

Several factors were taken into account as part of Council’s decision to sell Tatterson Reserve to fund the purchase of the land in Glenvill Court, including:

• Proximity to the land being purchased, so that the benefits of the purchase could be experienced in the same local area.
• Impact on the open space network – Tatterson Reserve is located within walking distance of several other areas of open space, including Falfield Reserve and Green Gully Linear Park, which includes Jenkins Park and Bronte Playspace
• Reserve visitation – the use of a number of reserves in the area, including Tatterson Reserve, was monitored over a period of time, including various times of the day, week, and during both school holidays and the school term
• Site characteristics, including topography, site context and accessibility
• Reserve size – size was considered both in relation to minimising the loss of open space, and in consideration of the likely impact of urban development on the land.

Council considers that the sale of Tatterson Reserve will secure substantially more strategically important land for the open space network in a financially responsible manner, as it provides a net increase in public open space resulting in maximum community gain for minimal loss.

A range of factors were considered by Council officers to determine the reserve most appropriate for release for sale. A shortlist of three reserves was based on proximity to the land being purchased, size of the reserve and level of recreation facilities provided. Each of the three reserves was then assessed in further detail, including:

·  Proximity to the open space gain: The area where land for open space was to be purchased was considered the most appropriate location to release land for other uses. The Green Gully precinct and nearby surrounds were the focus area.

·  Meeting open space standards: The Open Space Strategy 2014 established standards for open space provision, detailed in Guidelines 1 – Addressing Future Open Space Provision. Based on these, the reserves that are considered priorities for retention include:

o  Reserves larger than 2,000m², which could result in new or increased gaps in open space provision.

o  Reserves less than 2,000m², which are located in an open space gap.

 

·  Calculation against criteria: The Open Space Strategy Table 5: Criteria to ascertain the comparative value of open space parcels was applied.

·  Minimising the impact on existing open space and recreation opportunities: This included consideration of:

o  Minimising the amount of land to be sold

o  Avoiding the sale of reserves which already have developed recreational facilities such as play equipment, sporting equipment or paths

o  Avoiding the sale of well used reserves

o  Proximity of alternative open space and recreation opportunities

o  Future open space and recreational potential.

 

·  Minimising the impact of future uses involved consideration of the likely nature of future development, and associated visual, amenity and traffic impacts on the surrounding area, noting:

o  Larger parcels are likely to have increased visual and traffic impacts and potentially support non-residential uses

o  Visibility due to size, slope or aspect

o  Relationship to other urban features such as transport routes, schools or other open spaces.

Manningham’s Open Space Strategy 2014 established the standards for open space, outlined in Guidelines 1 – Addressing Future Open Space Provision, on pages 37-38.

Walking distance – 400 metres

The average distance covered in a five minute walk is 400 metres, which is a standard for a reasonable walking distance universally accepted in Australia and many other areas throughout the world. Manningham’s Open Space Strategy rigorously assessed these distances by walkable routes, rather than simply ‘as the crow flies,’ ensuring that gaps were accurately mapped.

Minimum size for open space – 2,000 m2

It was determined that 2,000m² is an appropriate minimum size for open space during the development. It ensures that future open spaces will be properly planned high quality spaces and also set a high but realistic benchmark for Council to work towards in improving standards of open space across Manningham.

Using these standards, gaps in open space provision have been mapped by measuring 400 metres from all open spaces larger than 2,000m²; any areas that were not within these standards are defined as a gap. This mapping assists Council and the community to understand the areas of open space need.

Manningham’s Open Space Strategy rigorously assessed these distances by walkable routes, rather than simply ‘as the crow flies,’ as well as considering barriers to movement such as busy roads and waterways, thereby ensuring that gaps were accurately mapped.

All reserves in the Green Gully precinct were assessed but only two reserves were considered for sale, including Falfield Reserve (2,550m²) and Tatterson Reserve (1,635m²). Corsican Reserve (1,637m²), in an adjoining precinct, was also considered as it is 1.1km from the land being purchased and due to its size.

The three reserves considered included:

·  Corsican Reserve (1,637m²)

·  Tatterson Reserve (1,635m²)

·  Falfield Reserve (2,550m²)

In addition to the considerations outlined in the previous question How did Council decide that Tatterson Reserve was the reserve to be sold?, these reserves and nearby alternative reserves were surveyed to determine visitation levels. All reserves, plus three of the nearby playspaces, were visited over a period of four weeks, including various days, times and during school holidays and term times. Recorded visits are listed in the table below.

Consideration of Corsican Reserve (1,637m²)

Size: This reserve is smaller than 2,000m².

Location: This reserve is not located within the Green Gully Precinct and is 1.1km as the crow flies from Glenvill Court, across two major roads, so the correlation between open space loss and gain is poor. It is located outside, but in proximity to, the major residential growth anticipated along Reynolds Road.

Recreational potential: This is a fairly level site, currently allowing for ball play and ease of access. Usage: This reserve had twice the recorded visitation of either of the other reserves, currently being used by families for ball sports.

Consideration of Tatterson Reserve (1,635m²)

Size: This reserve is smaller than 2,000m².

Usage: Two people were observed in Tatterson Reserve during this assessment period. By comparison, at Bronte Playspace 32 people were observed and at Jenkins Playspace 20 visitors were observed at comparable times. Both reserves are within walking distance of Tatterson Reserve.

Provision: This reserve is not located in an open space gap, nor would its sale result in a gap in open space provision according to Open Space Strategy standards due to its size.

Proximity: This reserve is the closest of the three to the land being purchased.

Impact on existing open space and recreation opportunities: This reserve was the best located of the three in terms of access to sizeable alternative open spaces. From this site, Falfield Reserve is a walkable distance to the south, and the 56,881m² Jenkins Park (which is currently being upgraded) and larger Green Gully Linear Park are a walkable distances to the east.

Consideration of Falfield Reserve (2,550m²)

Size: This is the largest of the three reserves, and the only one which exceeds 2,000m².

Provision: Sale of this reserve would result in a gap in open space provision for residents along Tennyson Court and Coleridge Court (being more than 400 metres from a reserve of 2,000m² or larger). Refer to the plan below.

Impact of future uses: Council officers had concerns that the development of this site would have a significant impact on the local area due to this reserve’s large size, prominent location and aspect onto Serpells Road, and proximity to Serpell Primary School. Development of this site would likely be into a large unit development or non-residential use such as child care or medical facilities which could also result in significantly increased traffic movement in local streets.

Future recreational potential: Due to its size, proximity to Serpells Primary School and prominent location on Serpells Road, this reserve is considered to have the greatest long term recreational potential of the three.

Ability to source funds: Estimates indicated that Falfield Reserve would attract funds greater than those required for the purchase of 3-7A Glenvill Court.

Following the consideration of all these elements, Council officers recommended, and Council supported, that Tatterson Reserve is the most appropriate reserve for sale.

In November 2015 Council officers and the private land owner concluded negotiations for Council to purchase the 8,256m² property at 3-7A Glenvill Court. This was a private sale so the purchase price remains confidential.

As set out in the “Notice of Intent to Sell Land” and subject to the statutory processes, the Tatterson Reserve land will be sold at public auction. Council’s City Valuer will establish a reserve price for the land prior to the auction and the land will not be sold below the reserve price. It is anticipated that there should be little difference between the purchase and sale prices.

In investigating the sale of land, the most appropriate approach was to source near sufficient funds for purchase of 3-7A Glenvill Court, without seeking to produce a financial excess.

Council resolved on 15 December 2015 that should the sale price for Tatterson Reserve exceed the acquisition price for 3-7A Glenvill Court, any surplus funds would be preserved to fund future open space land purchases. If there is a shortfall between the sale and purchase, this shortfall will be drawn from the Open Space Reserve Fund.

Council collects open space contributions from residential developers in Manningham in accordance with the Subdivisions Act. The funds are generated from subdivisions of three or more lots. These contributions may be land or an equivalent financial contribution. However, as open space contributions relate to the additional population growth, which has resulted from new residential development, these funds are specifically used to expand open space opportunities in precincts that have been designated for substantial growth. The Green Gully Precinct is not an area which has or will experience significant residential development in the foreseeable future, and as such Council should not spend significant funds gained from open space contributions to purchase land in this precinct.

Council’s Open Space Strategy 2014 Part 1 has a specific objective: 1.3 “Expand and improve open space in line with population increase”. This section sets out the areas that require additional open space and Objective 1.4 “ensure the financial viability of open space network expansion and enhancement”.

Tatterson Reserve was created as a reserve for municipal purposes in the 1983 subdivision of the local area. This means Council can use it for any purpose, and it is not reserved exclusively for open space.

The former Hemingway Estate is now part of the wider suburb of Templestowe and is located in the Green Gully Open Space Precinct. Of the 15 precincts in Manningham’s Open Space Strategy, Green Gully has the least gaps in open space provision, and the area of open space is set to increase with the purchase of 3-7A Glenvill Court.

The Terms of Reference of the OSSAC is to provide advice on the design and development of Manningham’s public open spaces and streetscapes, and to oversee the implementation of the Open Space Strategy and Streetscape Character Study. The role of the Committee includes providing advice on the purchase and sale of open space.

It should be noted that this committee does not have the authority to make decisions on behalf of Council. The Open Space and Streetscape Advisory Committee (OSSAC) does not produce reports.

The proposal to sell a Council open space reserve to fund the purchase of 3-7A Glenvill Court was considered at the November OSSAC meeting. The principle of the sale of open space land to facilitate the purchase was supported. Three potential open space reserves were considered for sale. Some committee members supported selling an alternate open space reserve. Three of the six community representatives suggested that Tatterson Reserve should be maintained as open space. These views were provided to Councillors prior to Council making the decision to commence the statutory process to sell Tatterson Reserve at the 15 December 2015 Council meeting. 

The names and sizes of all the reserves in the Green Gully precinct are listed in the table below.

Council must complete two separate statutory processes:

Application for planning permit

1.  Under the Manningham Planning Scheme, a permit is required to remove the reserve status (municipal reserve) from the land.

Council is required to give notice of any such application. Council has sent letters to approximately 180 land owners in the vicinity of Tatterson Reserve, enclosing a copy of the Notice of Application for a Planning Permit, this Fact Sheet, and explaining the process for making a submission.

Notice of intention to sell land

1.  As Council intends to sell land, under section 189 of the Local Government Act 1989, it must give public notice of its intention to do so and people have the right to make a submission to Council on the proposed sale.

In relation to that process, a public notice was published in the Manningham Leader on Monday 29 February and a copy of that notice was also sent to the land owners in the vicinity as described above. Under that process, persons making a submission may request to be heard by a Special Committee of Council appointed at the December 2015 Council meeting to hear those submissions.

The land will be sold at auction as a single lot. It is currently in a General Residential Zone Schedule 3 and is likely to be purchased for residential development. A planning permit would be needed to develop the land for more than one dwelling. This would be subject to a separate process which could include further public notification.

General Residential Zone Schedule 3 applies to residential areas with more recent housing to enable moderate housing growth while maintaining neighbourhood character. These areas are generally away from main roads and activity centres that provide some opportunity for additional dwelling density. While there is no maximum height limit, any application would need to comply with Victoria’s residential design code (‘Rescode’) which nominates a maximum of nine metres, or 10 metres on sloping sites. The current planning zones have recently been reviewed and there are no plans to review or amend these from their current state.

Any person may make a submission to Council and any submission must:

a. Specify whether the submission relates to the application for planning permit or the notice of intention to sell land or both

b. Include your name, address and contact phone number during business hours and the address of the property, and

c. If the submission relates to the notice of intention to sell the land, specify whether or not you wish to be heard by the Special Committee of Council appointed to hear oral submissions.

Any submission must be in writing and must be received by Council by Wednesday 13 April 2016 and can be lodged:

  By mail to the Director Planning and Environment, Manningham City Council, PO Box 1 Doncaster, Victoria 3108

  By email to statutoryplanning@manningham.vic.gov.au

  Online at www.yoursaymanningham.com.au/tatterson-reserve 

Each submission will be acknowledged in writing by Council and submitters will be informed about the next steps.

A Special Committee of Council has been established under section 223 of the Local Government Act 1989 specifically to hear submissions relating to the proposed sale of the land.

The Tatterson Reserve Special Committee of Council will consist of the Mayor and three Heide Ward Councillors, that is:

  Cr Jennifer Yang (Mayor)

  Cr Geoff Gough

  Cr Jim Grivokostopoulos

  Cr Michelle Kleinert

The Special Committee will hear those submitters who have indicated that they wish to be heard. The Special Committee will meet on Wednesday 27 April at 7.00 pm in the Council Chamber at the Manningham Civic Centre, 699 Doncaster Road, Doncaster

The committee’s report will be considered by Council, together with all the other submissions received. This is anticipated to be at the Council meeting on 31 May 2016. At that meeting, Council will make a decision in relation to both the application for the planning permit to remove the reserve status and the Notice of Intention to Sell.

If you have any questions about Council’s intention to sell the land, please call Anna Bunbury, Senior Open Space Planner on 9840 9323.

Should you have any further queries in relation to the application for planning permit process, please call Simone Boyd on 9840 9320 or visit www.manningham.vic.gov.au/application-process

More information about the proposal is available at www.yoursaymanningham.com.au/tatterson-reserve