Heritage Victoria granted Permit No: P18325 in relation to the Gardens in August 2012. Heritage Victoria did not notify the Friends this had occurred, despite their policy of advising submitters of the outcome, and have apologised for their oversight.
The details of the permit are shown below, with the Friends supportive of the specific requirements for the Footscray to Deer Park Alliance to gain specific additional approvals from Heritage Vic around important areas such as tree protection, footbridge design, landscaping etc.
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HERITAGE
PERMIT GRANTED UNDER SECTION 74 OF THE HERITAGE ACT 1995
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Permit No.: P18325
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NAME OF PLACE/OBJECT:
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HV MCKAY MEMORIAL GARDENS
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HERITAGE REGISTER NUMBER:
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H1953
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LOCATION OF PLACE/OBJECT:
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ANDERSON ROAD SUNSHINE
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The Permit allows: Removal and replacement of the railway footbridge to allow for additional tracks. Work also includes modification to the north west corner of the gardens as part of grade separation construction at Anderson Road, in accordance with the following documents, as endorsed by the Executive Director and forming part of this permit:
· Regional Rail Link Report: Proposed works to HV McKay Memorial Gardens and footbridge, dated August 2012,
The following conditions apply to this permit:
STANDARD CONDITIONS:
1. This permit shall expire if the permitted works have not commenced within one (1) year of the date of issue of this permit, or are not completed within two (2) years of the date of issue of this permit unless otherwise agreed in writing by the Executive Director, Heritage Victoria.
2. The Executive Director is to be given five woring days notice of the intention to commence the approved works.
3. Approved works or activities are to be planned and carried out in a manner which prevents damage to the registered place / object. However, if other previously hidden original or inaccessible details of the object or place are uncovered, any works that may affect such items shall immediately cease. The Executive Director shall be notified of the details immediately to enable Heritage Victoria representatives to inspect and record the items, and for discussion to take place on the possible retention of the items, or the issue of a modified approval.
4. All works must cease and this office be contacted if historical archaeological artefacts or deposits are discovered during any excavation or subsurface works. Should any munitions or other potentially explosive artefacts be discovered, Victoria Police is to be immediately alerted whilst the site is cleared of all personnel.
5. The Executive Director is to be informed when the approved works have been completed.
6. The development approved by this permit is to be carried out in accordance with the endorsed drawings, unless otherwise agreed in writing by the Executive Director, Heritage Victoria.
PERMIT SPECIFIC CONDITIONS:
7. To ensure an accurate archival record is created of the existing conditions of the heritage assets listed on the Victorian Heritage Register a full archival quality photographic record should be undertaken, in accordance with the leaflet Heritage Victoria Technical Paper Photographic Recording of Heritage Places and Objects. Two copies of this photographic record shall be produced with one copy submitted to the Executive Director for approval in writing. When approved you will be notified to lodge the second copy with the La Trobe Picture Collection State Library of Victoria. You must then notify the Executive Director that it has been lodged and provide a copy of the lodgement receipt.
8. To emphasise the culturally significant values of the place, and recognising that existing site interpretation has been damaged and vandalised and may sustain further damage through the course of the works, a revised interpretation proposal shall be prepared. The design of the revised interpretative medium should be developed in consultation with Brimbank Council and other key stakeholders and is to be approved in writing by the Executive Director, Heritage Victoria, and implemented by the conclusion of the works approved under this permit.
9. To ensure the satisfactory remediation of landscaping and other garden and interpretation infrastructure and prior to the commencement of works and in accordance with s.74 (4) of the Heritage Act 1995, a Security in a form and amount determined by the Executive Director to the total value of $100,000 (One hundred thousand dollars) will be lodged with the Executive Director, Heritage Victoria. If the amount of the Security is in excess of the estimated cost of remediation works submitted by an appropriately qualified Quantity Surveyor, this excess amount shall be released on written application to the Executive Director. The Security will be released on written application to the Executive Director, subject to the satisfactory progress and/or upon completion of the remediation works. The Security will be forfeited if the remediation works are not completed to the satisfaction of the Executive Director within one yearof the completion of the development.
10. To ensure the protection of significant vegetation at the site, works must be carried out generally in accordance with the Draft Tree Protection Plan dated 31 July 2012 prepared by Greenwood Consulting Pty Ltd, which shall be finalised and submitted for approval by the Executive Director prior to the commencement of the works. Any amendments to the Tree Protection Plan must also be approved by the Executive Director.
11. Prior to commencement of landscape remediation works, two copies of detailed landscape plans to include plant species and details of any feature ornaments/fittings are to be submitted to the Executive Director, Heritage Victoria for approval. The finalised design of the landscape remediation works shall be developed in consultation with Brimbank Council and other key stakeholders.
12. Prior to commencement of works on the replacement of the pedestrian bridge over the railway corridor, two full sets of detailed architectural plans, elevations and sections at a minimum scale of 1:200 shall be submitted for approval to the Executive Director. The finalised design of the pedestrian bridge shall be developed in consultation with Brimbank Council and other key stakeholders. These endorsed drawings shall supersede the drawings submitted by the applicant to Heritage Victoria at the date of issue of this permit.
13. Prior to commencement of works on the replacement of the pedestrian bridge over the railway corridor, full details of the bridge, including samples, of proposed finishes and materials, shall be submitted to the Executive Director for approval. Finishes and materials for the pedestrian bridge shall be developed in consultation with Brimbank Council and other key stakeholders. The endorsed schedule of finishes and materials shall form part of this permit.