C.A.R.A.

Collingwood and Abbotsford Residents Association Inc. P.O. Box 304, Abbotsford 3067 Mr Jim Gardner, Executive Director Heritage Victoria Re: VRH0951 Former Convent of the Good Shepherd - Permit application P17343. Construction of 4 classrooms for the Sophia Mundi Steiner School and the construction of a new playground on the site of the heritage swimming pool. Background The Collingwood and Abbotsford Residents Association (CARA) evolved out of the community campaign to save the Abbotsford Convent from private residential development and to secure its public ownership for the people of Victoria as an arts, cultural, well-being and education precinct. Since the Abbotsford Convent Coalition (ACC) was dissolved, CARA remains the mouthpiece and lightning rod for community concerns about the management of the Convent by the Abbotsford Convent Foundation (ACF). We also represent a wider catchment on this issue than just the residents of Collingwood and Abbotsford visitors to the Precinct come from all over Melbourne and beyond. Submission The current application is, by the proponents own admission, a new expansion and almost identical with the previous proposal refused by Heritage Victoria two months ago. However, because the proposed building is now sited within the existing school footprint, the proposed replacement play area will significantly increasing the amount of heritage open space inaccessible to the public. This will be locked up along with the rest of their buildings and space now within their new 20 years lease. We urge you to reject the proposal for the new expansion of a private school in the St Marys precinct and grounds of the Former Convent of the Good Shepherd on the following grounds: The application fails to respond to Heritage Victorias previously issued primary Grounds for Refusal dated 30 May 2011, namely: 1. It will detrimentally impact on the aesthetic significance of the former Convent of the Good Shepherd and in particular its rural setting on the Yarra River, which has been retained despite the development of surrounding areas. We strongly contest the claim in the Heritage Impact Statement that the proposals will have little or no heritage impact. It ignores the importance of the natural and cultural landscape setting as outlined in the recently revised Statement of Significance for the former Convent of the Good Shepherd. The now outdated Conservation Management Plan provides little guidance in this respect. Furthermore, it dismisses the underlying aesthetic, heritage and cultural significance of this place that is unique in its presence in an Australian city.

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This is reiterated in the recent VEAC Metropolitan Melbourne Investigation Final Report 2011, which states public open space was the most common theme raised in submissions, indicating its importance and relevance to the wider community.There was, however, concern that open space quantity and quality would decline as a result of development and the intensified demand for open space resulting from increased population and reductions in private open space. Increasing urbanisation and development make the protection and preservation of this remnant heritage asset critical. In addition, any new and unnecessary buildings diminish the heritage and aesthetic significance of this site and impose collateral impacts on landscape qualities and character of the site, including the enclosure of space and obstruction of views. The new building is unnecessary and will potentially compromise the endeavours of the ACF and the Collingwood Childrens Farm (CCF) to secure National Heritage Listing for the Convent precinct and the heritage farmlands. Ongoing efforts to gain World Heritage Listing are also at stake. 2. The intrusion of the new classrooms and playground will result in the diminishment of significant heritage views across to the St Marys precinct and the pastoral and landscape qualities of this heritage place, including detrimentally impacting public enjoyment of and access to the heritage Nuns Walk. The new building will abruptly close off the acknowledged significant views both from the Convent to surrounding parklands and to the Convent from major public access points including the bike path, Yarra River, Collingwood Childrens Farm and Yarra Bend Park. This proposal seeks to draw an arbitrary boundary between the Convent, the school and the farm. The historic links between the Convent and Farm will be physically, visually and figuratively severed. Fence lines have no meaning within this heritage context. Important views, links and associations with the surrounds are degraded. Any further enclosure of the school grounds will make it impossible to achieve the stated aim of the Master Plan to carefully manage the overall experience of the visitor to build an awareness of the landscape, Yarra Bend Park, the Yarra river, Collingwood Childrens Farm and the Abbotsford Convent. The proposed swimming pool playground pre-empts any carefully considered cultural revitalisation of this site. The Master Plan (point 3 in the Aims and Objectives) seeks to retain the garden and landscape features that contribute to the special contemplative, tranquil qualities of the existing site experience. and (point 9) encourage and provide maximum opportunities for casual use of the gardens, open space and river. Whilst the site in contention is, at present, unused, any future revitalisation of the site should be carefully planned to meet these two principles: namely, that it be allowed to contribute to the special contemplative, tranquil qualities of the existing site experience and that it be able to provide maximum opportunities for casual use of the gardens, open space and river. The current proposal fails on both these criteria. See point 5 below for our concerns regarding access to the heritage Nuns Walk. 3. It has not been demonstrated that reasonable alternatives to the development have been explored beyond this site. The stated position of the ACF has evolved since the original application by the applicant: first, no other remaining unoccupied spaces in the existing buildings were suitable. Now, as
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well as half the Mercator Building, the Blonde wing has been offered up to the school for adaptive reuse. We suggest that, as originally envisaged with a cap on student numbers and size, the ACF is not obliged to meet the growing needs of this tenant at the expense of the arts and cultural activities which were to be key planks of the precinct. The schools occupation of much of the Mercator Building has already deprived the precinct of a key hard arts space. The Abbotsford Convent Foundation on 18 February 2011 also reinforced this position for not locating the classrooms on the Convent including single tenant domination, diversity of tenant mix, vision for unfinished buildings, cost and time horizon for future building works and the safe conduct of students and their overall impact whilst on site. The schools claimed need to aggregate its population of Years Prep to 12 students on the one campus is questionable and not relevant to this heritage decision. Furthermore, we contend that this expansion will have a detrimental effect on the balance of uses within the precinct. With its expanded footprint, this proposal puts at risk the long term viability of this important arts and cultural precinct in its unique historical setting. We also strenuously object to the proposal on the basis that: 4. It is a significant departure from the 2005 Master plan which has the adaptive reuse of the existing buildings as its primary aim. During consultation in November 2005, the community were assured that there would be no new buildings in the place and that the Master plan guaranteed protection of all existing open spaces. Whilst there is a notional new building drawn on the Master plan of 2005, all the guidelines proscribe the development of new buildings: The primary aim is to conserve the existing buildings. The programme of works is directed towards repair and adaptive re-use of the existing fabric. In order to adapt the buildings to the requirements of prospective tenants a number of limited interventions are anticipated. and 32. New buildings up to 15 sqm gross floor area and less than 2.7 metres high within building envelope. (Figure 7) ACF Masterplan 2005. The reference made in the applicants Heritage Impact Statement to an expired permit for adaptive re-use works for St Marys and part of Mercator is misleading this expired permit has no relevance to the current application. Along with having expired, it is a deviation from the articulated Master plan and a proposition that was never publicised or broached in the public domain. Given that the applicant has recently taken occupation of the half of the hard arts Mercator Building and that the ACF has now agreed to the schools use of the Blonde wing, any new building on heritage open space cannot be further justified. This is a deplorable and unnecessary imposition on this important heritage building complex and landscape setting that jeopardises both the viability of the original vision for this unique historic place and the publics enjoyment of it. We note that there is also only minimal reference to the proposed elevated walkway. This is yet another unnecessary built element that forms part of this proposal that will diminish both the public value and appreciation of this significant heritage precinct.

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5. and it limits public access to, and will detriment public enjoyment and visitor experience of, the unique heritage open space, buildings and landscape setting. Regarding access, one of the key pillars of the 2005 Master plan is that: Issues of public awareness, access, circulation networks/ paths ... should not be limited to the needs of users of the convent buildings, grounds and activities but must also address the needs of current and potential users of the Yarra Bend Park, Collingwood Childrens Farm, the Main Yarra Trail bike path and the Yarra River. The Convent aims to maximise community access and involvement for visitors and ensure public open space not be locked up for private needs. We have serious concerns that the ACF is able to enforce the conditions of access it has put on the applicant if the Permit is granted (see the Media Release, 14 July 2011: ACF approves new plans for Steiner school with conditions) based on a history of broken promises in the past. Public access to the school and its environs has never been granted. What is proposed is occasional access restricted to the schools outdoor recreational areas after 6pm on weekdays (after sunset for several months) and weekends. Indeed at a recent public meeting, members of the Board dismissed a suggestion from the floor to test the practicality of enforcing these conditions by trialing some public access. On the important issue of access, the original Reference Group for the St Heliers Convent (2000) established a set of overriding principles to guide the formation of an art / culture / parkland precinct at St Heliers including: Access The public realm of Abbotsford should be appropriately extended into the site. Access to the public realm should be a right rather than something granted at the discretion of the institutions / businesses occupying the buildings on the site. The land use mix should actively invite and draw people to the site; Cultural Heritage St Heliers is a precious site in a national context. Its integrity and capacity to tell the stories of educational endeavour, community service, convent life and the general development of inner Melbourne must be preserved: and Place of Opportunity St Heliers has a history of providing skills and opportunities to otherwise excluded people. This heritage should be sustained in the ongoing development and use of the site. As well as misappropriated public open space, the proposed enclosure of the new swimming pool playground would effectively diminish any attempts to open up public access to the heritage Nuns Walk: the fencing of the new playground and the existing tennis courts will reduce the Nuns Walk to a cattle race connecting the formal gardens to the bike track an undignified and degraded heritage experience for the public. From the ACF Media Release of 10 June 2011: Heritage and open space are vital issues for the Convent. We also have important obligations to make sure that all of our tenants and the wider community have the maximum possible access to the spaces in the Convent.

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We contend that the original vision for this precious site is inextricably linked to its public role. Public access to this public heritage open space is the right of every Victorian. Summary The proposed expansion of the schools footprint on the site represents a deviation from the guiding principles as set out in the Master Plan: the ACF is not obliged to meet the growing needs of one of its tenants at the expense of the arts and cultural activities which were to be regarded as foremost purposes for the site. The Heritage Act 1995 states one of its main purposes is 'to provide for the protection and conservation of places and objects of cultural heritage significance'. As such, we urge you to protect this site and the publics interest with regards to the site by refusing to grant a permit to erect a new four classroom building on existing heritage open space and to exclude yet-tobe revitalised swimming pool from the public realm. This proposal represents another attempt to diminish the heritage significance of this finite and cherished public open space if permitted, it will have lasting and irretrievable detrimental impacts on the heritage qualities and character of this special and unique place. Our previous submission regarding the Former Convent of the Good Shepherd largely still applies to this submission.

Concerns about process If the current proposal is, by the proponents own admission, not dissimilar to the one that was refused by your office two months ago, then the 2,400 objections still apply and the application should again be refused for the same reasons. Given that this proposal is, in fact, a claim for even more remnant public open space, and that the proponents Heritage Impact Statement has been publicly accessible for less than the statutory two weeks prior to the deadline for public submissions, we assert that the community has had insufficient time to consider the new aspects of the proposal and submit their objections. It is of grave concern to us that, in view of the ACFs publicly stated resolve to abide by the umpires decision (Media Release of 10 June 2011), Heritage Victoria worked assiduously with the applicant in the weeks following this decision to prepare an alternative application, thereby eroding the resolve of the ACF to accept the original decision to refuse a permit, and undermining the faith of the public in the integrity of the planning process. Furthermore, we are disappointed that you accepted the Media Release: School proposes Win/ Win for Community for publication on your website and inclusion in the application as part of the evidence for the proponents case as it is misleading: the school has been unable to demonstrate in its application how the proposal will benefit the community, and it has misrepresented the scope of agreement that it solicited from the Collingwood Childrens Farm. Yours sincerely, (signed) Fred Allen Convenor, on behalf of the Committee of CARA
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