Review of access and safety issues

Lord Howe Island Boatshed Precinct

The ‘Boatshed Precinct’ (herein referred to as ‘the Precinct’) is defined as the area of the foreshore (Government Reserve) on the southern side of Lagoon Road from ‘The Pines’ picnic area east to the Dignam boatshed on Lord Howe Island (LHI) (Figure 1). The Precinct comprises commercial, private and community operated boatsheds managed by the LHI Board (‘the Board’). During the peak season, the Precinct experiences high levels of usage.

This review provides:

Background information.

The current situation.

The planning and policy framework.

Recommendations regarding access (pedestrian, bicycle and vehicle), parking and safety.

Identification of issues and opportunities (Appendix 1).

Figure 1 The Boatshed Precinct (outlined in red)

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Background

The Precinct has traditionally been used as a storage place for boats and a base for marine activities. The Precinct is located directly to the south east of the central business area of LHI. Both, the central business area and the Precinct are a focal point for commerce and tourism on the Island.

The Precinct includes a mix of public, private and commercially operated boatsheds which, as a group, are listed as a heritage item under Schedule 2 of the LHI Local Environmental Plan 2010 (LEP 2010). The boatsheds are either owned by the Board and leased under a commercial lease agreement, or, privately owned and held under a permissive occupancy in accordance with section 31A of the Lord Howe Island Act 1953. Permissive Occupancies generally cover the footprint of the boatsheds and, where applicable, the associated slipway.

The boatsheds are identified at Appendix 1 and listed in the table below. Boatsheds owned by the Board are shown with (*).

Boatshed Public Private CommercialBoatshed 1 * Previously the LHI

Swimming ClubBoatshed 2 * Pro DiveBoatshed 3 * Islander Cruises /

Howea Divers / Marine Adventures

Boatshed 4 Payten / ThompsonBoatshed 5 WilsonBoatshed 6 Hiscox (LHI

Environmental Tours)Boatshed 7 * De RussetBoatshed 8 CrombieBoatshed 9 Dignam

Three of the boatsheds have been converted in recent years from storage of boats and equipment to tourism operations involving office space, sales counters and storage of snorkelling and dive equipment. This increase in commercial operation of the boatsheds has resulted in a notable increase in pedestrian, bicycle and vehicular traffic and demand for parking within the Precinct.

In March 2007, the Board approved a development application (DA2006-16) from Judy Riddle / Leanda Lei for the change of use to part of Boatshed 3. The application proposed the use of the boatshed by 3 separate tenants being Marine Adventures, Howea Divers and Islander Cruises. The boatshed is serviced by a gravel access track and informal car parking area which is used by the tenants and other persons accessing the foreshore area. A total of 29 submissions were made to the development application with 16 raising traffic, pedestrian and safety issues. The application was approved by the Board subject to conditions including limitations on the hours of operation and restrictions on car parking. Despite the conditions, the Board’s Administration has advised that the use of the boatshed by 3 tenants has resulted in a concentration of pedestrian and vehicle activity in this area.

The Board has been approached by a number of residents interested in leasing Boatshed 1 (LHI Swimming Club). The Board has recently sought expressions of interest for the use of this boatshed.

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Any internal or external alterations to the boatshed will require an Owner Consent and Development Application and will need to consider access and safety arrangements.

At the May 2014 Board meeting, an Owner Consent application for the adaptive reuse of Boatshed 5 to a commercial use raised a number of cumulative issues regarding pedestrian, bicycle, and vehicle access and parking in the Precinct. The Board decided to further investigate and understand the issues of access, parking and safety at the Boatsheds Precinct prior to the consideration of a development application for the site.

Planning and Policy Framework

Lord Howe Island Local Environmental Plan 2010

Development on Lord Howe Island is controlled by the LEP 2010. The relevant aims of this LEP include the following:

(a) to conserve the World Heritage values of Lord Howe Island and to restore or enhance lost or disturbed natural resources of the Island,

(b) to conserve and facilitate the management of the marine environment of the Island and the resources of that environment,

(c) to protect threatened species, populations and ecological communities, and their habitats,

(e) to encourage community appreciation of the World Heritage values of the Island,

(f) to enhance the wellbeing and welfare of individuals and the Island’s community by pursuing economic development that safeguards the welfare of future generations,

(g) to facilitate the proper management, development and conservation of the Island’s World Heritage natural environment, the Island’s cultural heritage and the Island lifestyle,

(h) to identify suitable land for the provision of housing and community services for the Island’s population while acknowledging suitable land for these purposes is limited,

(k) to acknowledge the importance of tourism to the Island economy and permit future development of tourism within limits,

(l) to ensure that tourism on the Island does not adversely affect the lifestyle of residents, or the World Heritage environmental qualities, of the Island, but enables visitors and residents to enjoy the Island,

(m) to ensure the conservation of relics, specified heritage items and the heritage significance of those relics and heritage items (including the settings of those heritage items).

The Precinct is zoned 7 Environment Protection under the LEP. The objectives of the zone are:

(a) to protect areas that may be vulnerable to erosion or that are a habitat, or corridor, for animals that are native to the Island or significant native vegetation,

(b) to protect the scenic amenity of land in the zone,

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(c) to restore lost or disturbed natural resources, particularly if this may enhance the World Heritage values of the natural environment of the Island,

(d) to provide utility services that are essential to the community’s needs in a manner that is in sympathy with the World Heritage values of the natural environment of the Island.

Clause 35 is specific to development within the ‘foreshore area’ which includes all land within the Precinct. Clause 35 (1) prohibits all development within the foreshore area. Despite this prohibition, Clause 35(2) states that development on the foreshore area may be carried out with consent if, in the consent authority’s opinion each of the matters specified below are satisfied:

(a) the proposed development is in the public interest and does not significantly reduce public access to the foreshore, and

(b) the bulk and scale of the proposed development will not detract from the visual amenity of the foreshore area, and

(c) the proposed development addresses any need to restore lost or disturbed plants that are native to the Island, particularly if restoring those plants may enhance visual amenity, and

(d) there is a demonstrated Island community-based, or marine-based, business need for it, and

(e) the proposed development will not be adversely affected by, or adversely affect, coastal processes, and

(f) in the case of proposed development involving the erection of a structure—the purpose of that structure could not practicably be fulfilled by an existing structure, and

(g) in the case of development proposed to be carried out on land that is also within Zone 9 Marine Park—the proposed development is not inconsistent with any advice about the development that is provided to the consent authority by the Marine Parks Authority.

The LEP 2010 therefore recognises that foreshore areas such as the Precinct are highly sensitive and require a high level of management to ensure that activities and development within this area are small in scale, low impact, and in the public interest.

Lord Howe Island Development Control Plan 2005

The LHI Development Control Plan 2005 (DCP) applies to all land on LHI under LEP 2010. The Policy makes references throughout to the LHI Regional Environmental Plan (LHI REP) which was repealed by the LEP 2010. The Board have resolved that any reference to the LHI REP in the LHI DCP 2005 is taken to be a reference to the LHI LEP 2010.

The DCP provides detailed guidance for individuals and the community to achieve the aims and strategies of the LEP in relation to certain types of development. The relevant objectives of the DCP are:

to encourage quality design of residential and non residential development;

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to promote design solutions which respect the Island character and minimise loss of amenity for neighbours

to ensure that the scale and appearance of new development is compatible with the Island character;

to protect and/or re-establish environmental integrity;

to require and maintain high quality landscaped areas;

to promote a high level of protection from natural hazards in design for both current and future residents; and

to protect the community’s interests.

Additionally there are provisions in the DCP in respect of development within the foreshore building line which includes all land within the Precinct. These are:

to provide opportunities for recreation while maintaining public access;

to ensure bulk and scale of any proposed development is sensitive to the locality;

to protect the sensitive coastal environment;

to protect the visual amenity of the area; and

to recognise and protect the heritage values of the items listed in Schedule 3 of the REP.

The Boatshed Conservation Management Plan

A conservation management plan (CMP) was prepared by High Ground Consulting in 2006 to establish the cultural heritage significance of the LHI Boatsheds, and identify conservation policies for the ongoing management of the boatshed and slipways within the Precinct in view of this significance.

When assessed against the NSW Heritage Criteria, the CMP reported that the significance of the Precinct ranged from moderate to high.

Other conclusions made in the CMP included that: The cultural heritage significance of the boatsheds derives from their associations with

multi-faceted aspects of their associations with maritime activities that have been important in the development of Lord Howe Island and its society.

The retention of the character and significant fabric of the boatsheds and related landscape features is of the utmost importance in their future management.

The following controls should be placed on physical intervention in the fabric of the site:

The character and setting of the boatsheds and related slipways should be conserved in such a way that their significance in the social history of Lord Howe Island is maintained. In this instance it is considered that conservation should include sympathetic maintenance of the fabric of the boatsheds, appropriate adaptation of the sheds to ensure their ongoing use for marine activities, and management of their surrounds in accordance with the provisions of the Lord Howe Island Regional Environmental Plan 2005 and Development Control Plan 2005.

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Any changes to the site, including restoration, reconstruction or adaptation, are to be fully documented in accordance with the requirements of the Burra Charter.

Draft State Heritage Inventory form

A draft NSW State Heritage Inventory (SHI) form was completed on 17 February 2013 and describes the significance of the LHI boatshed as follows:

A group of functional boatsheds and slipways that demonstrate the historic and current reliance of Lord Howe islanders on water transport and water-based industries such as seed collections from remote parts of the island, fishing and tourism. While not rare types in a State context, they continue the island’s boatshed construction tradition including the use of recycled building materials. Most have close associations with prominent families on the island. Although not of great aesthetic value individually, as a group they have a certain picturesque charm redolent of earlier days on Lord Howe island. A number were important in the social life of the community and today some are a land based focus for marine environmental tourism activities.

The SHI form made the following recommendations for the management of the Boatshed heritage item:

Retain on Schedule to LEP 2010.

Manage in accordance with CMP to retain function and general character.

Where asbestos cement sheeting needs to be replaced, preference should be given to using fibrous cement sheeting to maintain appearance.

Any new boatsheds must complement the group in design, materials and exterior finishes.

Lagoon Foreshore Activities and Management Policy.

This policy applies to all of the land within the Precinct and was developed in December 2009.The policy provides controls for recreational, commercial and other activities within the Lagoon Foreshore Area as well as policies specific to the boatsheds, vehicle and pedestrian access, vegetation management and boat storage.

The Policy states that:

In dealing with boatshed matters, the Board will, where practical show preference to facilitating commercial tourism related activities directly connected with the local marine environment.

Utilisation of the site must be confined to the immediate vicinity of the boundary of the PO, generally the footprint of the boatshed and immediate surrounds, subject to the discretion of the LHIB.

Any signage or advertising on, or adjacent to boatsheds must be in accordance with Board policy. The surrounds of boatsheds must be maintained free of debris and other non-utilised

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items. Inspections will be undertaken to ensure compliance with these requirements and other PO conditions.

Precinct description

General

The Precinct is defined as the area of the foreshore (Government Reserve) on the southern side of Lagoon Road from ‘The Pines’ picnic area east to the Dignam boatshed on Lord Howe Island.

The Precinct comprises an area of about 8,750sqm and is about 50 metres wide and 175 metres long (Appendix 1). Photos of the Precinct and surrounds are provided at Appendix 2 (Figures A –Q).

The Precinct is a highly scenic location with the lagoon, Blackburn Island, Mount Gower and Mount Lidgbird as a backdrop (Figure D).

Landscape

The vegetation immediately between the boatsheds and the high tide mark is dominated by Cakile, Spinifex and exotic grasses. This area is maintained by boatshed operators and is mown regularly and used to store hire equipment. The vegetation to the north of the boatsheds consists of a mix of exotic trees (primarily Norfolk Island Pine) and native species such as Kentia Palm (Howea forsteriana), Blackbutt (Cryptocarya triplinervis), and Berrywood (Ochrosia elliptica).

Some of this vegetation within the eastern part of the Precinct and along Lagoon Road is mapped as Significant Native Vegetation. Boatsheds 8 and 9 are the only sheds located at the eastern part of the Precinct (Figure 2).

Figure 2 Eastern end of Boatshed Precinct

The western part of the precinct comprises 6 boatsheds (Boatsheds 1-6) located within close proximity of each other with the exception of the two easternmost boatsheds (Boatsheds 5 and 6)

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which have a separation distance of about 25 metres (Figures 2, E, F, H, K). A slipway associated with Boatshed 6 is now only used in emergencies and is located between Boatsheds 5 and 6 (Figure I). The dune in this area has been excavated for the slipway operations. Planning is underway for a new slipway to be built on the island in another location.

An unsealed vehicle turnaround point is located at the western extent of the Precinct adjacent to the ‘Pines’ picnic area (Figure P).

Figure 3 Western end of Boatshed Precinct

Pedestrian Access

Pedestrians are able to access all areas of the foreshore. Pedestrian access is generally via Lagoon Road, then via vehicle access tracks, (Figure O). These are generally as shown in orange line at Appendix 1.

There are also a number of informal access tracks through vegetation between boatsheds (Figure L). Some of these tracks provide the primary access to the boatshed from Lagoon Road, while others are unauthorised tracks that have been constructed by the business owners through vegetation, and should be rationalised

Vehicular access and parking

There are 3 vehicular access points to within Precinct from Lagoon Road as follows:

Turn around circle at the western extent of the Precinct between boat shed 1 and The Pines picnic area (Figure P).

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Access track about 25 metres to the east of the turn around circle accessing Boatshed 3 (Islander / Howea / Marine Adventures) and 4 (Payten / Thompson) which splits to create another track to access Boatshed 5 (Wilson) to the east (Figure E).

Access track within the eastern part of the Precinct about 145 metres from the turn around circle which accesses Boatshed 9 (Dignam) and Boatshed 6 (Hiscox) (Figure O).

Opportunities for vehicle parking within the Precinct are informal and limited. Commercial boatshed operators typically park outside of their respective boatsheds (Figure Q). The eastern edge and centre of the turn around circle adjacent to Boatshed 1 is also used for parking (Figure P). Vehicles also tend to park along the edge of Lagoon Road particularly during peak periods.

Vehicle movements within and surrounding the Precinct, including along Lagoon Road, is a safety concern for pedestrians and cyclists. The highest risk is the access road servicing Boatsheds 3, 4 and 5, as this in most cases requires the vehicle to reverse out onto Lagoon Road. The number of, and informal arrangement of vehicles parked within the Precinct and along Lagoon Road are also considered to be detrimental to the landscape character and views within the area.

Bicycle access and parking

Bicycles are able to access all areas that are utilised by vehicles and pedestrians within the foreshore area. There are no dedicated bicycle routes provided.

Bicycle racks are located within three locations as shown in the plan at Appendix 1.

Bicycles are often left in other areas of the Precinct outside of bicycle racks particularly during peak periods. Bicycles outside of racks can create a trip hazard and reduce the scenic quality of the area.

Other facilities

The foreshore dunes are used for informal storage of boats and kayaks by the commercial Boatshed operators (Figure G, J).

There are three picnic tables (Figure F) within the grassed areas between the boatsheds and the foreshore dunes in the western part of the Precinct.

Feedback from boatshed operators

A questionnaire was sent to each of the boatshed operators in July 2014 (Appendix 3) from the Board seeking comment on commercial operators and permissive occupancy holders and others as to how access (including pedestrian, bicycle and vehicle), parking and safety for the area should be managed. The Board received eight (8) written responses and a telephone response. The comments received have been summarised in the table below. Many of the comments reflect the highly competitive nature of the business operations within the precinct.

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Item CommentsTraffic High proportion of users of the Precinct (estimate 70-85%) access the site by

bicycle. Additional commercial operators will result in an increase in traffic. Access to boatsheds by operators and leaseholders is often restricted due to

congestion. Vehicles reversing from the Precinct create pedestrian and cyclists safety issues. Blind spot on Lagoon Road when entering/exiting Precinct from vicinity of

Boatshed 2-4 is a hazard. Extension of the White Tern walking track would increase traffic and cause safety

concern at Boatshed 6 (Hiscox). Congestion issue caused by the single boatshed associated with three

commercial operators. The access track to east of Boatshed 6 is used by a number of people / vehicles

to access their private moorings.Parking More formalised parking arrangements should be provided.

Too many vehicles per commercial operator park within the Precinct. Commercial operators are not supportive of an offsite car parking area. If

necessary, this should be located as close as possible to Precinct. People other than commercial operators or permissive occupancy holders

parking in the area cause congestion and safety issues for pedestrians and cyclists.

Commercial operators need parking for drop off and pick up and relocation of equipment.

Short term parking should be maintained for guest pick up and drop off. Connectivity Foreshore walking track should continue along the beachfront/foreshore to the

Pines BBQ area. Pedestrians should be encouraged to walk on a foreshore track rather than the

road.Infrastructure Additional bicycle racks are needed.

Bicycle racks should be allocated for each commercial operator. There is a lack of toilet facilities within the Precinct.

Vegetation Increased use of foreshore area including new walking track, long term parking of cars, storage of boats on the dune is restricting opportunities for revegetation which is essential for protection of the dune, significant native vegetation and properties along the lagoon foreshore.

Storage of equipment and parking should be on one or two cleared locations. Signage Location of business identification signage which encourages pedestrians to read

while standing on the road creates a safety issues. Inappropriate number of A-frame signs in the Precinct. Suggests generic way finding signs be used instead of business

identification/advertising signs.

Discussion

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The Precinct is a highly valued area due to its scenic quality, heritage significance, recreational and tourist opportunities, and as an economic hub for commercial boatshed operators. The increase in commercial operations within the Precinct has seen an increase in all forms of traffic as well as equipment storage and signage, particularly during peak season. There are a lack of clearly defined pedestrian and vehicular tracks and parking areas.

Boatshed activities tend to extend around the area of the boatsheds beyond what is their approved boundary of use defined in the Permissive Occupancy curtilage.

These issues have led to some degradation of the environment in terms of aesthetics, erosion and damage to vegetation but of particular concern to boatshed operators and users of the Precinct is the increasing congestion of the area by vehicles and bicycles and associated safety of pedestrians and cyclists. These issues also have the potential to compromise coastal dunes, Significant Native Vegetation and the cultural heritage values of the Precinct.

While it is acknowledged that the nature of many of the boatshed activities require operational space outside of the current footprints, the impact of these activities on other boatshed operations, the environment, and the amenity and safety of the area should be managed.

The following recommendations are made to address the issues identified in this Paper. Some of the issues and opportunities to address these matters are identified in Appendix 2. This has focused on the western end of the Precinct due to the density of the boatsheds in this area.

Recommendations

1. It is recommended that a management plan be developed for the entire foreshore, to replace the existing Lagoon Foreshore Activities and Management Policy consistent with other Crown Lands within NSW. To facilitate this process, a steering committee should be established to guide the development of the plan, and to consider the recommendations of this report. The management plan should include the storage of hire equipment and other watercraft in the foreshore area.

2. Rationalise the existing walking track network. This should include the extension of the foreshore walking track north to ‘The Pines’ picnic area between the boatsheds and the beach (where ever possible). This track is specifically for pedestrian access, not bicycles. See Appendix 1.

3. Remediate the current slipway between Boatshed 5 and 6 to make it a natural dune profile following the construction of a new slipway on the island.

4. Close and rationalise some of the informal tracks between sheds to reduce confusion for the public.

5. Include directional signage to encourage residents and visitors to use the foreshore walking track.

6. Install additional bicycle racks near Boatshed 1 and Boatshed 3.7. Continue to allow temporary parking of vehicles for business operations,8. Consider a dedicated parking area on the northern side of Lagoon Road, either within the former

electrical workshop area, or to the rear the electrical workshop through the creation of a service lane.

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9. Consider extending the access track from Boatshed 5 (Wilson) to Lagoon Road, to minimise the need for vehicles to reverse from the site. This will require the removal of 1-2 Norfolk Island Pines and resolve blind spot on Lagoon Road.

The following additional recommendations are outside of the scope of this review:

10. Undertake a full safety audit of the precinct to identify actual and potential risks. This audit should consider the feasibility of more clearly defining areas for public access, parking areas, equipment storage and working areas.

11. Review existing Permissive Occupancies to ensure that they adequately cover the curtilage of the boatsheds and areas of reasonable related activity.

12. Undertake an audit of advertising and directional signage in the Precinct against the LHI Signage Policy and review whether the Precinct requires its own section within the policy.

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Appendix 1 – Boatshed Precinct Issues and Opportunities

High use area with high concentration of commercial operations in this area.

Informal tracks and degradation of dunes through high use.

Blind spot on Lagoon Road.

High number of bicycles parked out of racks.

Opportunity to link pedestrian track to The Pines (shown in red line).

High risk vehicle, bicycle and pedestrian conflict zones.

Appendix 2 – Site photos

Figure D Lagoon Road looking south east towards Precinct. Figure E Looking east, Lagoon Road on left and ‘The Pines’ picnic area on right.

Figure F Central business area to the north of the Precinct. Figure G High value scenic views from Precinct.

Figure H Vehicle entry to Precinct from Lagoon Road near blind spot safety hazard.

Figure I Looking north west from lagoon side of Boatshed 6.

Figure J Informal equipment storage areas along rear of dunes. Figure K Formalised equipment and bicycle storage areas at western end of vehicle track near Boatshed 6.

Figure L Redundant slipway between Boatshed 5 and 6. Figure M Bare sand on dunes due to high use.

Figure N Boatsheds 1 to 6 looking east. Figure O Informal pedestrian tracks through vegetation

Figure P Informal vehicle tracks behind Boatshed 5. Figure Q Timber deck at south western end of Boatshed 3.

Figure R Access track connecting Boatsheds 6 to 9 to Lagoon Road

Figure S Turn around circle and informal car parking area between Boatshed 1 and The Pines picnic area

Figure T Informal parking area between Boatsheds 3 and 4.

Appendix 3 – Questionnaire

Reference: PO0013

Enquiries: David Kelly

7 July 2014

LHI P & C Association

C/- LHI Central School

LORD HOWE ISLAND NSW 2898

Dear XXXXX

At the May 2014 Board meeting, an Owner Consent application for the change of use of the Wilson boatshed to commercial use raised a number of issues regarding pedestrian, bicycle, and vehicle access and parking in the ‘Boatshed Precinct’.

The Board felt that the cumulative impact of an additional operator in this area needed to be carefully considered. The Board’s Administration were asked to provide recommendations regarding access (including pedestrian, bicycle and vehicle), parking and safety for the area surrounding the commercially operated boatsheds and to report these to the September 2014 meeting.

As part of this process, I would like to get the views of lessees, permissive occupancy holders and others as to how these issues should be managed. Any recommendations will need to be consistent with the LEP, the Boatshed Conservation Management Plan and the LHIB Foreshore Management Policy.

I have attached a number of questions which would assist in the preparation of a discussion paper and draft concept plan. If you have any thoughts on these issues, could you please complete the attached form by Friday 18 July 2014.

Should you require any further information please contact David Kelly, Manager Environment & Community Development, on (02) 6563 2066 extension 18.

Yours sincerely

Penny Holloway

CHIEF EXECUTIVE OFFICER

Overview

What do you see as the main access and safety issues in the precinct?

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What proportion of your customers / visitors access the site by walking, bicycle, and vehicle?

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Pedestrian Access

From what direction do walkers access your boatshed?

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Is there a need to formalize any walking tracks / path ways?

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Bicycle Access

Is there a need to provide additional bike racks and where should these be located?

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Vehicle Access

Should parking be restricted in the precinct?

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Is there a need for off-site parking for commercial operators?

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If so, where should this be?

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If so, would short-term drop off-pick-up parking be viable for businesses?

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Safety

What do you see as the main safety issues and how should these be addressed?

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Other Comments

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