pedestrian safety by the use of the forklift in proximity of pedestrians, particularly along
the eastern boundary of the Land, and in the Bay Trail by vehicles protruding over the
Bay Trail to access the boom gate controls.
138. Turning first to the eastern path. We accept the evidence of Mr Beaton – and as a matter
of common sense – that forklifts can be dangerous and pose a significant risk for
pedestrians. During the hearing we were provided with a document prepared by Work
Safe Victoria entitled ‘Developing a forklift traffic management plan’, dated 26 July
2021. This plan states that:
Forklifts cause more workplace deaths and injuries than any other piece of
equipment, and more than half of forklift-related fatalities have involved
pedestrians. Even a slow moving forklift can crush, injure, or kill a pedestrian.
139. Whilst not part of the Scheme or a document adopted by the responsible authority, we
accept the common sense proposition in that document that forklifts can be dangerous
to persons who are outside of the forklift.
140. In this case, the forklift will be carrying boats, which may limit visibility for the driver.
We acknowledge that we were informed that the forklift will contain a reversing camera,
however, this will not assist visibility in front of the vehicle. It will also contain distance
sensors that might go some way towards alerting a driver of potential obstructions,
including pedestrians. Notwithstanding these safety features, Mr Beaton’s evidence was
that there should be no interaction between the general public and the forklift when it is
in operation, and that pedestrians should be prevented from accessing the path north of
Storage Shed D during forklift operation. In light of the potential consequences to
pedestrians, we agree. We note that NP Marina is prepared to accept constraints on
pedestrian movement in this area.
141. Whilst we find that the use of the Land for a marina is acceptable, given the proposed
activities on the Land, it is not appropriate for the general public to gain access to the
Land. Whilst there is strong policy support for a pedestrian path in this location, we find
that there is a need to separate the general public from the activities occurring on site.
We have therefore required the path to be fenced along its northern and western sides to
prevent the general public from accessing other parts of the Land. Gates may be used
where necessary to allow boats, vehicles, and pedestrians to gain access to the Land. To
this end, we have also imposed a condition requiring the preparation and
implementation of a public safety management plan. In essence, the intention of the
content of condition 25 of the NOD, extracted above, is retained in the amended permit
conditions that we have imposed.
Car park and access design
142. The NOD requires amendments to the Amended Plan that include changes to the
southern edge of the exit crossover and to the location of certain car parking spaces to
enable swept path clearance for the nominated truck and tag trailer.
143. Notwithstanding these changes being required by the Minister, questions arose as to the
appropriateness of the nominated truck and tag trailer and the adequacy of the swept
path clearance as the vehicle circulated around the Land.
144. Both the evidence of Mr Beaton and Mr Carr suggested that minor design changes were
required to the layout of the car parking spaces and built form to enable a larger vehicle,
such as vehicle with a trailer, to enter the Land. Mr Beaton’s evidence was that vehicles
should be restricted to a maximum of the Medium Rigid vehicle. However, based on the
revised swept path diagram provided by Mr Carr, we are satisfied that larger vehicles
including a 19 metre vehicle with trailer can access the Land, provided minor
modifications are provided to the layout, which we have required as a condition of
permit. NP Marina does not contest these changes being made to the layout.
145. Turning now to the interaction with the boom gate upon entry to the Land. NP Marina
submitted that the boom gate is to be open during the normal trading hours of the Land
– 6am to 8pm – and that outside of these hours it will be closed. There may be a desire
to close the boom gate within normal hours for security reasons. The Tribunal
acknowledges that if a vehicle is briefly propped at the boom gate, that vehicle will be
located on the Bay Trial. Whilst not ideal, we find that this arrangement is acceptable, as
it will be only for short intermittent periods, and is unlikely to significantly affect the
operation or safety of the Bay Trail. We note that other premises within Nelson Place
