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3321

Resolving Environmental Issues

Elise Tsang 2800322

Analysis of Environment/Planning
Issue, Evaluation and Design Resolution
Process

Yeronga Park Sporting Field Development

3321 Resolving Environmental Issues

Elise Tsang 2800322

CONTENTS

1.0 Introduction: Characteristics of the Conflict
1.1 Aim





1.2 Content of Report



1.3 Scope of Analysis




2.0 Stakeholder Analysis




3.0 Issues and Information Analysis



3.1 Legal/Regulatory Issues



3.2 Scientific and Technical Values


3.3 Cultural, Social and Community Values

4.0 Recommendations





5.0 Evaluation






5.1 Principles





5.2 Processes





6.0 Design of Process





7.0 Reference List



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3321 Resolving Environmental Issues

Elise Tsang 2800322

ANALYSIS

1.0 Introduction: Characteristics of the Conflict


Yeronga Memorial Park is a large park located south of Brisbane CBD. The area is classified to be low
density and is slowing progressing with high density residential development, and replacing
industrial areas with facilities to support the future population. South East Queenslands population is
rapidly growing and is incorporating more sustainable goals into new developments. The Souths
Rugby Club has recognised the growing population and has created a proposal to expand and improve
the second sporting field. The Souths Ruby Club uses the existing oval and also the Queensland Blind
Cricket Association, it is currently unsuitable for rugby games as it is in poor conditions and is only
used for training. The field requires expansion and improvement of the surface; this would provide
more opportunities for the two clubs to use the oval. Yeronga Park has protected trees of significance
around the proposed field where the major concern of the proposed development is the
environmental effects caused by the construction and redevelopment of the proposed field. There are
also plaques at the base of the trees in remembrance of the local fallen soldiers.

1.1 Aim

The aim of this Conflict Analysis and Design Report is to:


-Analyse the conflict regarding the proposed development and improving the second rugby field in
Yeronga Park,
-Evaluate the most appropriate conflict resolution process for this type of conflict, and
-Design a process that will address the issues and requirements based on the evaluation.

1.2 Content of Report

The content of this report will include three phases; phases 1 and 2 are analysis phases, and phase 3 is
the design phase. There are six stages to the three phases, these stages include:
1 Outlining characteristics of the conflict
2 Analysing stakeholders involved
3 Analysing the information from all components of the issue
4 Summarising requirements of conflict resolution process
5 Reviewing and evaluation of the processes
6 Designing a conflict resolution process

ANALYSIS Phase 1,2
DESIGN Phase 3




Design of
Review and
Characteristics
Needs of a CR
Stakeholder
Information
Process evaluation of
of the Conflict
Process
Analysis
Analysis

Flowchart
processes


Application is

covered in workshops

1.3 Scope of Analysis

The analysis stage will analyse the characteristics of the location and the conflict, outline those that
are involved with the issue, analyse all the documents relevant to the issue including all reports
generated to support the development (such as the Arborist Report, Vegetation Management Report,
P&E Court Judgement documents, Yeronga Park Traffic Study) and reports that must be abided by the
development including the Heritage Report, Landscape and Environment Report.

3321 Resolving Environmental Issues

Elise Tsang 2800322

2.0 Stakeholder Analysis


A stakeholder analysis will be conducted in order to identify those that are involved with the proposal
of the redevelopment of a new sporting field in Yeronga Park. A stakeholder analysis is defined as an
individual or a group that is likely to be affected or have direct or indirect impacts by a proposed
action. In this case, the proposal of a sporting field is the proposed action and those that will be
involved with the proposal are the stakeholders. The primary stakeholders of the case will be outlined
in the table below and information about each of the stakeholders position and interests, power,
relationship and communication will be provided.

Primary Stakeholders
Position and Interests
Power and Ability to
Relationship and
Participate
Communication
Southern Districts
-Needs: redevelopment -Created proposal
-Partner with
Rugby Union Club
of the second oval
-Applied for
Queensland Blind
(Organization and
-Concerns: Unable to
development
Cricket Association:
members)
develop
assessment
need for
-Fears: Unable to qualify -Appointed third party transparency with
as premier grade rugby professional
operations to be able
club
organisations to assess to negotiate
Queensland Blind
-Needs: redevelopment the area
-Partner with
-Using information to
Cricket Association
of the second oval
Southern Districts
determine
s
uitability
o
f
(Organization and
-Proposed the
Rugby Union Club
redevelopment
members)
development
-Communication
-Access
t
o
a
ll
-Concerns: Unable to
through formal
legislations
develop
writing to the council
-Restricted
t
o
p
roposal
-Fears: Unable to hold
until further approval
blind cricket events
Council
-Needs: to assess
-Assess proposal in
-Formal
(State Council and
proposal
consideration with the writing/emails to
Brisbane City Council)
-Concerns: development legislation involved
inform the two

will effect surrounding with the case
organisations and
environment
-In charge of lease
the public
-Fears: will not follow
-Easy access to all
-Formal meetings
all legal requirements
legislation and all
with organisations
precedent cases
Friends of Yeronga
-Needs: to keep the
-Decisions will effect
-Communication to
Park (residents around character of the
surrounding residents council by writing or
park and suburb)
community
-Park is used for
emails; to
-Concerns: lost of
different events held by organisations by
memorial park
local organisations
writing, emails or in
-Fears: of damaging
-Existing oval and
person
protected trees of
clubhouse held under

significance
Council lease

The table above lists out the primary stakeholders that are directly effect by the decisions of the
proposal. The local council is leasing the land for the clubhouse and oval and will therefore need to
incorporate the councils decision and approval before other processes are undertaken. The Friends of
Yeronga Park are the slightly more marginalized stakeholder, as the power seems to be in the other
main stakeholders. The two organisations raised the proposal and therefore are also primary
stakeholders.

3321 Resolving Environmental Issues

Elise Tsang 2800322

3.0 Issue and Information Analysis


The issue and information analysis will identify issues and conflicts that are relevant to the case, these
will include legal and regulatory issues, scientific and technical issues and conflicting cultural, social
and community values. These issues will be identified to provide a deeper understanding of the
different elements and components regarding the conflict of the proposal. This information will also
be used to create recommendations (Refer to section 4.0).

3.1 Legal/Regulatory Issues

Legislation/Regulations Involved Significant Criteria Requirements


The Strategic Plan for Brisbane
-3.2.2.2 The need of balance between recreational and sporting
opportunities and the natural environment: proposed
development and the heritage listed trees
-3.2.2.3 To respect the local history: the plaques under the base
of the trees with the names of local fallen comrades in WWII
4.2.2.1 Ensuring realistic expectations for future development:
proposal circumstances are realistic to cater for its demand
4.7.2.1 To conserve places of significance and manage impact of
developments: the proposed development should not interfere
significant vegetation but conserve them

City Plan 2000

-3.3.1 Intent: Yeronga Park is classified in the sports and


recreation area with sporting clubs and activities available to
members of the club, there is a limit of accessibility to the
public
-3.3.2 Desired Environmental Outcomes: sports and
recreational areas need to accommodate for a wide range of
people and activities

The Outdoor Sport and


Recreation Code

-Must benefit the community


-Must not cause adverse effects to the existing surrounding
areas and cater for future uses

The Stephens District Local Plan

-2.4 Yeronga park must remain multi-purpose conservation


areas: proposal will provide a use for the public and for the two
clubs

The Queensland Heritage


Register

-Important to Queenslands heritage as a recreation reserve


and a memorial park
-The park caters for many different organisations of people and
sporting clubs

The Yeronga Park Conservation


Management Plan

-Associated with early development and settlement


-Trees of significance contribute to the character of the location
-Ipswich Road memorial gates represent women workers of the
area
-Policy 9: proposal changes of use in a current lease or for
change will need to be reviewed against the cultural heritage
-Policy11: no additional leases will be granted

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3321 Resolving Environmental Issues

Elise Tsang 2800322

The legal/regulatory guidelines that the Yeronga Park proposed development must abide by include
The Strategic Plan for Brisbane, The City Plan 2000, The Outdoor Sport and Recreation Code, The
Stephens District Local Plan, The Queensland Heritage Register and The Yeronga Park Conservation
Management Plan. These guidelines are very uniform in their major aims, objectives and overall goals.
From the guidelines in the table above, the main point have been summarised:
Maintaining the character of the suburb (parkland, memorial park, events and activities etc),
Having a balance between recreational and sporting opportunities and the conservation of the
natural environment,
Ensuring proposed development will not effect the surrounding vegetation and residents,
Creating realistic proposals that will cater for the current and future demands.
The challenges that may arise between the proposal and the legislation will include;
in the Strategic Plan (4.7.1) it mentions that the areas character and cultural aspects must be
maintained because it will be extremely difficult to regain, this is an important aspect to uphold
where the park has a lot of historical features that is unique to the suburb,
the Stephens District Local Plan mentions that Yeronga Park should be used predominately
used as open space for organized sports and informal recreational, the proposed development
will need to allow public access in order to meet this requirement,

3.2 Scientific and Technical Issues

The scientific and technical issues will include the concerns raised from other important information,
especially reports that were generated to evaluate surrounding factors relevant to the case.

Viney Traffic Engineering created a traffic report, to address concerns raised and an analysis was
undertaken. The concerning issue was that the proposed development may cause more traffic
congestions. After analysis of the traffic in the area, it has come to a conclusion that the development
will not generate more traffic than the usual, as the education institutions situated close to the
proposed site is the cause of peak hour traffic. But parking usage will be the main concern due to the
clubs will have increased number of games and rearranged the game timetables. Currently there are
100 parking spaces available thus includes 66 club parking spaces, on-street and informal grass
parking.

Heritage Planning Consultants developed a Heritage Report, this report will identify areas of
significance in accordance with legislation. Heritage Report has come to a conclusion that the
redevelopment of the oval will not interfere with any cultural heritage.

Three arborists reports were generated but access is only available to one, The Tree Surgeon is a
qualified arborist company that created an assessment and report on the trees of significance located
alongside of the proposed site of developing a multi use sports field. The Tree Surgeon inspected the
trees and provided a detailed Vegetation Management Report on current conditions of the significant
trees and how to protect the trees during the development of the proposed project.

3.3 Cultural, Social and Community Values

Each group of stakeholders has different values, focuses and needs from the proposed development
that will be outlined. The South Districts Rugby Union Club and the Queensland Blind Cricket
Association have similar values with the main focus of providing for members, and the organizations
financial security and reputation from the development will be their overall purpose of the
development. The Brisbane City Council is focused on the proposal meeting the legal requirements
such as the Federal Reports, State Plans and Local Plans. The Friends of Yeronga community is
mostly concerned about the potential loss of heritage significance. Each stakeholder has different
needs from the proposed development causing conflict between stakeholders.

3321 Resolving Environmental Issues

Elise Tsang 2800322

4.0 Recommendations
Recommendations are made after conducting a stakeholder analysis and information analysis about
the case of conflict. Findings include the primary stakeholders being the Souths District Rugby Union
Club, Queensland Blind Cricket Association, Brisbane City Council, RSA and the Friends of Yeronga
Park. Legal requirements must be met by the proposal (such as development and planning
requirements, environmental requirements), scientific reports by third party organisations were
generated to evaluate suitability of the proposal, conflicting values by stakeholders were also
outlined. After analysis of the information of the case, the main findings is the perspectives and needs
of the stakeholders are different being the main cause of conflict. In order to come to a resolution,
conducting a mediation to engage the stakeholders to discuss their views is the most effective option
available. Mediations are able to provide better relationships between the stakeholder groups and
have open discussions about the concerns and issues. Each stakeholder group is able to gain a better
understanding of each others concerns and come to a solution. This is also a bottom-to-top approach
(community-led approach) of planning which has become a more popular category in current
planning processes.

3321 Resolving Environmental Issues

Elise Tsang 2800322

DESIGN

5.0 Evaluation
The evaluation of the principles and processes of the design of the mediation process will be
presented. The importance of having a well structured mediation will determine the success rate of
the outcome of the mediation in resolving conflict. The Yeronga Park conflict is concerning the
stakeholders and will be encouraged to provide resolution through understanding the issue from each
others views. Principles will be outlines that will be followed throughout the processes of the
mediation to aim for a resolution.

5.1Principles

Adler et al. (2000) provides guidelines for environmental dispute practice for mediators and
facilitators. The guidelines have been generated from principles and theories from best practices.
Guideline will ensure mediator and facilitators understand the processes of having substantive
knowledge, consultation prior to case, scoping and conflict assessment, process design, meetings,
structuring and managing discussions, negotiation and problem solving, generating agreements and
implementations. The table below will provide criteria indicators to assist the designing stage of a
mediation process.
Criteria Indicators
Understanding Information

Scoping and Conflict


Assessment
Negotiation and Problem
Solving
Decision Making
Transparency and Access to
Information

Process
Courts P&E
-Outlined perspective of both
Organisations, only mentioned
the acceptance of submissions
against the proposal

Mediation
-Understand all information
from all stakeholder groups
-Understand the language used
-Open mind and vision from an
outside perspective of resolving
conflict
-Issues of the case was
-Conduct formal assessment of
identified
conflict
-Issues were assessed against
-Identify key issues to be
legislation
discussed
-No negotiation
-Exploring all and alternative
-Power of the courts overrule
options
judgement
-Understanding consequences of
all option
-Determined by the legislative
-Decisions will be negotiated
requirements
between the parties
-Transparency is more secretive -Agreement of transparency in
-Limited information allowed
the beginning stages of
for public
mediation
-Information is only released to
public if agreed by parties


Each of the criteria plays a significant role to the process of resolving conflict, from the
recommendations a stakeholder oriented approach is taken through mediation. Understanding
information through the stakeholders stance, identifying issues in an unbiased manner, exploring
options and alternatives and formal and informal negotiations between parties are all aspects of
mediations that will encourage resolution and good relations between stakeholders. These indicators
will be used in all stages of the process where suitable.

3321 Resolving Environmental Issues

Elise Tsang 2800322

5.2 Processes
Each of the seven processes to the mediation will be defined; there will be a few important notes* that
need to be acknowledged.

Prior information about the mediation:
Mediation may take from hours to days to complete to come to resolution,
There will be 1-2 representatives representing each stakeholder group; representatives will be
nominated in their own interest,
Mediation will be open for spectating by other stakeholders of interest,
All attendants must sign a pledge of confidentiality,
Press media release will be conducted prior to mediation event to reduce the tension from
media, information will be available about the case to the public,
Breaks are allowed throughout any stages of mediation,
Notes are able to be handed to representatives by spectators at any time throughout the
process,
Results from mediation will be released only if permitted by all stakeholders,
Further periodic meetings of stakeholders will not be held as binding and will not be part of
the mediation process.

1 Preparation:
This stage will involve the informing of all stakeholders about the processes and how the mediation
will be conducted, all important standard information documents will be provided to the stakeholder
groups minimum 2 weeks before mediation. The 2 weeks period will allow time for each group to
prepare a brief summary of their main issues that will be discussed in mediation. Mediators and
facilitators will prepare the set up of the venue and have a good understanding of the case.

2 Discussion: In mediation the mediators will introduce their role as mediator, introduce the
stakeholder groups, and present all the documents that were provided in the preparation stages and
ask each group to briefly explain their main issues and concerns, mediators will then prepare an
agenda and gain approval from stakeholders of agenda which will outline the mediation. This stage
will generally be each group talking back to the mediator with all stakeholders present; not
interrupting groups while speaking.

3 Exploration: Exploring the issues and circumstances from each group to provide a deeper
understanding within the groups and maintain a positive relation, where the groups are able to
discuss with one another. The agenda will be used to guide the topics of discussions. Any relevant
evidence provided by stakeholders are allowed to be presented to further explore issues.

4 (If Applicable) Review: If a new issue arises, the issue will be re-explored and added to the agenda.

5 Private Session: Each stakeholder representative/group will individually have an enclosed private
session with mediators about any other concerns or hidden elements of concern. During private
session, the representatives are allowed to communicate with their interested stakeholders about
their current thoughts and ideas.

6 Negotiation: Parties will generate options and further discuss arrangements that can be made.

7 Agreement: A formally written list of agreements are generated to help resolve the conflict, these
can be short or long term and will be signed by the representatives.

8 Regular Contact: This is a suggested stage for stakeholders to have periodic contact if development
is proceeded to ensure all stakeholders are following the agreement and provide feedback.
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3321 Resolving Environmental Issues

Elise Tsang 2800322

6.0 Design of Process



Each group will state their main issues


briefly to the mediators, who will then
summaries and generate an agenda
that will be followed through
discussions.

Preparation

Discussion

Exploration about exploring issues and


circumstances to provide a better
understanding of each others views
(each group talks to mediator in turn;
with other groups present and
listening). Agenda is used to guide the
discussion.
Each stakeholder group is allowed
time to talk to the m ediators
individually to present any further
information in secrecy without the
other stakeholders knowledge unless
permission is given.

Exploration

Review
(If necessary)

Private Session
(If necessary)

Negotiation will include parties


interacting with one another and
negotiating and generating options;
what can be arranged to suit their
needs and concerns.
Periodic contact between the
stakeholders about the operations and
gaining feedback (for at least half a
year after development).

This step will include informing


of all stakeholders involved of
the rules and outline of the
mediation, providing all
information documents to each
group, having them provide a
brief summary and list of issues
of concern before mediation,
preparation of mediation and
venue.

Issues arisen that were


overlooked is re-explored and
added to the agenda and
discussed before continuing.

Negotiation

Agreement

Regular Contact

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Formally written agreement


(long and short term) terms and
conditions. Stakeholder group
representative signs agreement.

3321 Resolving Environmental Issues

Elise Tsang 2800322

7.0 Reference List



Adler, P., Barrett, R., Bean, M., Birkhoff, J., Ozawa, C. & Rudin, E. 2000, Managing Scientific and
Technical Information in Environmental Cases: Principles and Practices for Mediators and Facilitators,
Resolve Inc., US Institute for Environmental Conflict Resolution, Western Justice Centre Foundation.

Brisbane City Council, 2000, Heritage Register Planning Scheme Policy Brisbane City Plan 2000, Vol. 2,
Appendix 2.

Finn, S 2005, Appropriation (Parliament) Bill; Appropriation Bill, Speech, Member for Yeerongpilly,
Queensland Parliament.

Viney, N. 2007, Souths Rugby Union Club & Ors Traffic Report, Viney Traffic Engineering, Chapel Hill.

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