In a recent decision, VCAT has granted a permit for a 7 storey building at 388-94 Hawthorn Road, Caulfield South. This is a repeat appeal after it was again rejected by council. The new plans provided increased setbacks and a few other concessions.

In the past few years Caulfield South has been the recipient of plenty of high rise applications. The following sites have been granted permits:

  • Permit for 6 storeys at 679-683 Glen Huntly Road, Caulfield South.
  • Permit for 5 storeys at 380 Hawthorn Road, Caulfield South (abutting the review site and referred to above).
  • Permit for 8 storeys at 348-354 Hawthorn Road, Caulfield South.
  • Permit for 6 storeys at 371- 377 Hawthorn Road and 3 Olive Street, Caulfield South.

The original application for the 388-94 Hawthorn Road site occurred in February 2017. That is four years ago! This is significant given that VCAT applies council’s existing planning scheme and the context surrounding the sites to inform its decision making. Thus for the past four years council has not changed one single thing in its planning scheme relating to our Neighbourhood Centres to ensure that such applications have less chance of being successful at VCAT.

The same old arguments were trotted out by the VCAT member in this case. We quote from this source: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT//2021/31.html

We were also referred to the Council’s City Plan which was adopted by the Council in February 2020. By virtue of having been adopted by the Council, this is a document to which we may have regard as appropriate, but it is not part of the planning scheme. City Plan continues to include the review site in the CSNC and a substantial change area in which development up to 5 storeys is contemplated. Structure plans for activity centres are to be prepared.

This document is intended to support the key strategic directions to form part of the new Municipal Planning Strategy in the Glen Eira Planning Scheme. The Council advised that the preparation of a structure plan for the CSNC is in its infancy. We have had regard to the provisions of City Plan while acknowledging that it is a document that sits outside the planning scheme and cannot be accorded the same weight as the policies and zone controls contained in the planning scheme.

The quotes above raise some important questions. Why is council stating that a structure plan will be implemented for Caulfield South, when they have categorically stated that no such thing will happen? All that Caulfield South has been ‘promised’ is an Urban Design Framework and maybe, just maybe, a Design and Development Overlay. Hence, is VCAT being told furphies by Council?

There is also the following comments from the member:

The Council’s submission that the proposal’s scale and height is excessive in a neighbourhood centre is not persuasive in the absence of specific planning scheme height controls. This was an issue addressed by the Tribunal in its decision on the previous application when it stated that:

While higher order centres have adopted council policies nominating particular heights, it does not necessarily follow that all development in other, lower order centres, must be lower. A more considered urban design assessment is required. Given there is no specific policy restricting this centre, analysis needs to address the specific opportunities and constraints of each site, based on first principles of planning and general policy in the planning scheme

In the Tribunal’s previous decision, it appropriately expressed some uncertainty about the future development of sites in the CSNC. Subsequently however permits have been issued for developments of up to eight storeys in the centre. The form and scale of future development is becoming clearer. A building of seven storeys is unlikely to be an anomaly in the CSNC.

So what is the end result of all this? How on earth can the so called City Plan be relevant now with its stated 5 storey height limit, when so many applications are already above this height? Sitting back and doing nothing for 4 years is the reason why such applications get through. It is definitely time that all of council’s priorities be re-assessed and changed. Halting overdevelopment must be at the top of the list.

Councils throughout Victoria are obligated under the revised Local Government Act, 2020 to introduce a Community Engagement policy by June. The Act also stipulates various principles that must be adhered to by each council. Yet there is still plenty of ‘wriggle room’ within the legislation for councils to introduce what they want. In our view, Glen Eira Council has taken full advantage of this ‘wriggle room’ and basically produced a document which says very little that is a departure from the current state of affairs. What we have is another document short on detail and big on vague ‘promises’.

To illustrate the drawbacks with the proposed policy, we’ve taken a quick look at the work that other councils have done with their policies – what they actually reveal to their residents and how consultation will be implemented, monitored, and most importantly, evaluated. The differences are quite revealing.

For starters, below is the table which represents the level of consultation that council will commit to for various projects. The categories listed (ie ‘inform’, ‘consult’, involve’ etc.) are based on the International Association of Public Participation standards. All councils have included these standards. The difference between Glen Eira and other councils is the level of consultation each council assigns to its various projects.

Here is the Glen Eira version:

Compare the above with what Moreland proposes:

AND Kingston:

Moreland and Kingston see no problem in going to the higher level of engagement (ie involve to collaborate) when it will be introducing structure plans, major infrastructure works, etc. In contrast, all Glen Eira promises is the lowest level of participation – ‘inform’ and ‘consult’ and maybe, just maybe, we might get to the ‘involve’ stage! Moreland and Kingston both start from ‘involve’ and also incorporate ‘collaborate’. Why this distinction is important is made clear by the following screen dump from the Bayside policy which enunciates clearly the level of decision making that these two categories (‘inform’ and ‘consult’) represent – basically nothing more than ‘give us your opinion’. Resident views have practically no influence on the final decision making!

On another issue, there is nothing in the Glen Eira ‘promises’ that comes close to the important components of ‘evaluation’ and constant improvement. Council is quite happy with statements that are nothing more than generalities – again in contrast to how other councils have viewed the topics.

Bayside for example tells its residents:

We will provide timely access to factual and transparent information on the project or matter, including:

  • A summary of known impacts, risks and benefits including social, natural and built environment,and financial
  • Relevant background information, technical and research reports,related policies, budget estimate and funding source

All Glen Eira can muster in its promises is to repeat the standards: We will ensure that participants in community engagement have access to objective, relevant and timely information to inform their participation in engagement activities.

Furthermore, there is barely a single word in the Glen Eira document that mentions evaluation per se. Without analysing how well a consultation process has been done, how can council ever hope to improve? Equally important is how any consultation will be assessed – what areas will be investigated? What questions will be asked? And what processes will be introduced to ensure that progress is made and that residents come away feeling that they have partaken in a program where their input at whatever level has had some impact on decision making or process?

Other councils are not so silent on this important aspect of consultation.

Manningham Council – We measure our engagement performance in order to test that we are delivering public value to our community. We measure the level of engagement or number of interactions, submissions made, surveys completed, participants in a workshop, letters distributed, calls taken and more. We also measure participation outcomes. How were the decisions that we made influenced by community inputs? When we listened and consulted, did we act on what we heard and understood?

Warnambool – Evaluation is important to the ongoing development of Community Engagement. Evaluation should focus on the impact and process of engagement and should include views of participants.

Cardinia: undertaking informal and formal consultation to receive feedback from the community about the communication and engagement approaches undertaken by council to assist in implementing continual improvement.

These are just a few of the commitments that other councils have made regarding monitoring and evaluation. We have not had the time to go through every councils drafts.

What is apparent however, is that the draft Glen Eira policy is nothing more than a continuation of its current processes. Simply not good enough!

The most oft used phrase by council when it comes to justifying its decisions is that the issue has undergone ‘extensive community consultation’. Yes, there is Community Voice, and yes, there is Have Your Say, and yes, notices are up on council’s website and at times letters are posted to residents. But is this enough, or is it merely fulfilling the legal obligations and/or setting the groundwork so that the claim that ‘extensive community consultation’ has occurred is more tenable?

All of the above sounds great. Council admittedly has no control on how many residents decide to respond to the surveys, questionnaires, or even read the associated information. Which begs the question of why residents are generally so reticent to become involved. Our response to this query is:

  • Residents do not believe that their views will carry much weight in the final decision
  • Residents are not provided with enough information to assist in forming a view
  • Questions asked are often nothing more than Dorothy Dixers, or simply ambiguous so that valid interpretations become impossible
  • Council’s reporting of their ‘consultations’ is skewed, methodologically unsound and far from objective

We will go through some of the above providing examples that clearly illustrate our concerns with the way in which this council conducts its ‘consultations’ and how poorly the results are reported.

A perfect example is the recent Community Voice survey on the planning department. Council states that its objective in running this survey was:

In November 2018, we asked Community Voice members these same questions to identify aspects of Urban Planning that could be improved for the residents of Glen Eira.  

We wanted to know how far we’d come since implementing some changes following the last survey and improve our services to the community by determining where we could offer additional information or clarify processes. We have included results from 2018 in our graphs for comparison.

So this is largely supposed to be a comparative analysis of ‘progress’ and improvement of process over the past two years by the Urban Planning Department. Yet of the stated 193 responses we have no idea how many of the respondents were the same ones who filled in the 2018 survey, or are these 193 responses from entirely different residents? If improvement is to be accurately gauged, then having a clear and statistical overview of this component is essential. It would also be necessary to provide data that compares the number of applicant versus objector responses in 2018 compared to 2020. None of this has been done yet council is quite willing to conclude:

More than 32% of participants who had engaged with the Urban Planning team as an objector or supporter of a planning application indicated:

– They were ‘very satisfied’ or ‘satisfied by the availability of information on the application they objected to or supported (58%, a jump of 12% from 2018).

– They were ‘very dissatisfied’ or ‘dissatisfied’ with the support provided by Council when submitting an objection or support (38%, down by 4% from 2018).

– They were ‘very satisfied’ or ‘satisfied’ with the overall outcome of the application they objected to or supported (50%, down by 5% from 2018).

We’ve highlighted the above in order to point out how poorly questions and the definitions have been concocted, which must inevitably call into question the validity of the results.

Fair enough that the survey includes separate questions for applicants and objectors. Yet the full definition for the latter was:

if ‘yes, as an objector or supporter of a planning permit application’) Could you tell us how satisfied you were/are with the following elements of the objection process? If you have made a number of objections or supports, please consider your most recent objection/support when answering this question

Not only is this definition potentially contradictory, but ultimately very confusing. Yes, objectors can support a final decision on a planning application. But that’s only after the decision has been made – either by officers or councillors. They remain objectors to the application first off.  Yet the above phrasing does not make this clear and hence could also be answered by developers in favour of an application.

Other questions are equally ambiguous and hence their value needs to be taken with a huge grain of salt. For example here’s a screen dump of one question:

The question includes the word ‘expects’. How this was interpreted by respondents is anyone’s guess. Some objectors may ‘expect’ council to grant a permit given the rate of overdevelopment that has occurred in Glen Eira and council’s track record in recommending permits. But it may not be what they want! Furthermore, we have no idea as to the split of responses. How many were from objectors and how many from applicants?  In the end, does this question tell us anything useful about the Planning Department and how it might be improved?

Interestingly, the vast majority of responses to many of the questions simply clicked the ‘Don’t know’ box. What conclusions can and should be drawn from this? Considering that the stated results of ‘Don’t know’ were also very high in 2018, then how well has council addressed the issue with its purported but unnamed ‘changes’?

Finally, we note that publishing percentages alone as question responses is useless and misleading. 80% of 100 responses is certainly far more than 99% of 50 responses.

If council is sincere in wanting to improve its communication/consultation processes, especially in planning, then it needs to address the following:

  • Create questions that are clear and not open to various interpretations
  • Provide reports that include both percentages and numerics
  • Provide sufficient information so that respondents/residents have a clear idea of all pros and cons (including cost)
  • Call on community expertise to vet questions and to ensure their legitimacy

We’ve uploaded the full Community Voice report HERE. Council is currently also ‘consulting’ on its Community Engagement strategy. You may submit your thoughts via this link: https://www.haveyoursaygleneira.com.au/engaging-glen-eira

The following directive was gazetted today. It is a timely reminder that on top of COVID, councils and particularly our council, has to start exercising some real restraint in their spending. We seriously question the need to spend:

  • $51+M on the redevelopment of the Carnegie Pool
  • Borrowing of $60M in the next few years
  • Millions on proposed tower car parks in Bentleigh & Carnegie

In recent times Glen Eira councillors rubber stamped the requisite ‘governance’ and ‘meeting procedure’ rules. The only change of note was that we now have a de facto ‘Notice of Motion’ which is anything but a real Notice of Motion since it only applies to the removal of the Mayor and Deputy Mayor.

Glen Eira has been stubbornly opposed to implementing anything which would provide councillors with the opportunity to have something go on the agenda for open, transparent discussion in a timely manner. The argument is that a Request for a Report is a satisfactory substitute and that without officer/expert input poor decisions can be made. This of course is pure rubbish given that officer feedback and responses to the proposed Notice of Motion are then included for the discussion – this happens in Bayside, Kingston and numerous other councils.

The other problem with this argument is that a Request for a Report can take anything up to 8 months in Glen Eira to be tabled at a council meeting. Hardly ‘timely’!!!

Notice’s of Motion we maintain are integral to good governance and to allow councillors to effectively do the job they were elected to do. As an example we have uploaded the current proposals from Bayside City Council. Readers should note the following:

  • An acknowledgement of the contentious nature of the pavilion/open space issue and community feedback
  • The implications for budgets and the desire to save money that can then be re-distributed elsewhere (all of course with the added pressure of COVID)
  • Concern about passive open space and footprints of proposed buildings

All of the above are relevant in Glen Eira when we have:

  • The Inkerman Road bike path issue
  • The massive proposed expenditure on multi level car parking in Bentleigh & Carnegie
  • The Carnegie Pool redevelopment that will cost a fortune

Naturally, this administration would never welcome a situation where councillors could and potentially would question budget decisions and policies in an open and transparent fashion where councillors would be given the opportunity to voice their concerns and potential opposition. That is anathema to a council determined to present the facade of a ‘unified front’ even when there is community opposition!

Please read carefully what Bayside councillors are allowed to propose and consider what such a ‘rule’ could achieve in Glen Eira!

Congratulations to Save Glen Eira for their terrific effort in collecting 1667 signatures in a very short time. We have also been told that there are even more with late signatures also coming in.

See: https://www.facebook.com/savegleneira/

Hopefully this kind of response will once and for all put a stop to the myths that residents are ‘satisfied’ with planning, open space, environmental sustainability, and consultation by this council. Residents have spoken and we can only assume that they desire major change and a council that does listen and act in accordance with residents’ wishes.

Over the past few years there have been numerous issues which have raised the ire of many residents, evincing passions that have hitherto been unknown in this community. We are referring to the various draft structure plans, the proposed Inkerman bike path, as well as the Carnegie Pool redevelopment for the current projected cost of $51 million. Why this has and is happening relates directly to council’s overall approach to ‘consultation’ and the methodology for disseminating vital information.

A few overarching comments and questions to begin with:

  • How reasonable is it to release hundreds upon hundreds of pages of documents and expect residents to fully understand, or have the time, to read, digest, analyse, and then comment on any proposal?
  • How reasonable is it to present ‘designs’ that provide no essential data such as cost, or vital information on current traffic data, the percentage of green open space, versus concrete; the potential for overshadowing of open space; the number of proposed tree plantings versus removal of existing trees, etc.?
  • Is the ‘top down’ approach really providing residents with clear options based on the above?
  • Is the timing of forums the best approach for those who work, or for families with children – ie during the day, or smack in the middle of dinner time or bed time for young kids?
  • Are the questions asked in surveys truly designed to elicit informed choices?
  • Are the resulting officer or consultant reports a true reflection of the feedback provided?
  • How can the goals of transparency and accountability be integrated fully into all consultation methods?

We believe that residents and councillors deserve a lot better if the goal is truly ‘evidence based’ decision making as has been stated again and again. What is asked, and how it is asked and analysed validly, remains the cornerstone of sound consultation. How this is then reported becomes crucial.

Below we highlight our reservations plus providing recommendations to improve the process and to address the above bullet points.

STRUCTURE PLANNING

Council’s first step in the process of developing structure plans came in 2017 with its surveys on ‘activity centres’.  Fair enough! But did the actual questions provide residents with a realistic insight into what they were actually commenting upon? When the phrase ‘shopping strip’ is used again and again, how many respondents had any inkling that this could, and did, lead to the rezoning of surrounding residential streets? How many respondents had any inkling that the size of their activity centre was to be expanded when the terminology used was consistently ‘study area’? And how on earth could the resulting reports be so out of kilter with the data actually provided? (See: https://gleneira.blog/2017/03/21/structure-planning-consultation-2/

Here is an image of what was asked. Please note the continued and slanted emphases on ‘shopping strip’. Not one single question was designed to elicit responses to the matters that had clearly concerned residents for eons – namely building heights, open space, and parking.

RECOMMENDATIONS FOR ACTIVITY CENTRE STRUCTURE PLANNING CONSULTATIONS

  • Provide residents with a short, informative Discussion Paper that emphasises in a succinct manner all the pros and cons of what is proposed.
  • Ensure that council resolutions are carried through. For example, it was resolved on the 23rd May 2017 that council: endorses the creation of the Activity Centre Community Advisory Committee and request the expression of interest for community members. This never eventuated!!!!!!
  • When the Glen Eira News provides articles on the issue, then it must include all the relevant details being considered.. This was not done in either the April, June, July, November, 2017 editions. Unless residents were prepared to plough through reams of documents, they would not have had any inkling that 12 storeys was being considered for Elsternwick and Carnegie. Even with the final announcement of April 2018 (see below) those residents who had not followed the issue closely would not know what had been passed. Instead we have the usual jargon of ‘right buildings’ in the ‘right locations’, or the import of the word ‘guidelines’ (ie prescriptive or discretionary) without any real information being communicated. All is made to sound wonderful in what can only be interpreted as nothing more than another public relations exercise rather than information provision!

  • Ensure that questions included in surveys are not nebulous and vague – that they direct residents to the crux of issues. For example, would it have been too hard to include questions along these lines –
  • What do you consider to be an appropriate height for Centre Road buildings?
  • Are you in favour of any council sell off of public land to consolidate car parking in one spot?
  • Where would you like to see extra open space created and why?
  • What parking restrictions should council consider for this activity centre?

Council did not come close to asking questions of this ilk!

Finally, why shouldn’t the Community Engagement Committee vet proposed questionnaires and surveys? Why must everything be a top-down approach? And why shouldn’t residents be directly involved in the analyses of any responses? Unless of course, council’s main objective has been to push through its agendas regardless of what residents say they want. And there is plenty of evidence to support this notion, sadly!!!

Apologies for this long post!

Council seems incapable of providing residents with clear, unequivocal answers to straight forward questions. Here is one taken from the last council meeting and concerns council’s plans for three of our neighbourhood centres/activity centres. 

Could Council categorically confirm or deny that none of our current neighbourhood centres will have structure plans? Could council also clarify whether the East Bentleigh, Caulfield South and Caulfield North proposed Urban Design Frameworks will also have Design and Development Overlays applied to them? If there are to be DDO’s, then will these contain discretionary or mandatory height limits? 

Response:

Thank you for your question. Typically, Structure Plans are undertaken only for Major Activity Centres, which in Glen Eira has included Bentleigh, Carnegie and Elsternwick. For smaller centres such as our Neighbourhood Activity Centres, Urban Design Frameworks provide the same function of planning guidance, but in a simpler, and relatively faster to develop process. Council is currently developing Urban Design Frameworks: Caulfield South, Caulfield North (at Caulfield Park), and Bentleigh East. 

A Design and Development Overlay (DDO) would be the most appropriate tool to guide building heights in these centres, given their size, complexity, and status under State and Local Policy. The Urban Design Frameworks will provide direction as to the most appropriate form of height and siting controls, be they mandatory or discretionary. No final decision has been made at this point. Consultation on the draft controls is scheduled for 2021.

In order to understand the significance of this response and its implications, readers need to be aware of what an Urban Design Framework (UDF) actually is and how it functions. The State Government’s Planning Practice Note No.17 states:

an Urban Design Framework should provide flexibility by identifying key principles rather than finite solutions. It is not a fixed view of the future nor is it a land-use report. It includes a design vision for how a place might develop and should include sufficient detail at key locations so that the vision can be tested for economic and functional viability. An Urban Design Framework should include sufficient information to allow continuous review of detailed actions within the strategic frame, and to enable councils to assess development proposals.

AND

The process for any particular framework study must be fine-tuned to accommodate local issues and objectives. Community involvement should be sought early in the process and at all relevant stages.

Most existing Urban Design Frameworks that other councils have are:

  • Instrinsically linked to Design and Development Overlays and/or specific structure plans
  • Most Urban Design Frameworks are nothing more than a Reference Document in the Planning Scheme. Hence, their ability to provide certitude and genuine ‘controls’ is limited.

Thus, unless the UDF also includes a Design & Development Overlay, or is coupled with the various schedules to the zones, and finally, but most importantly, is directly linked to the objectives of the Municipal Strategic Statement, it is practically useless. In Glen Eira, our MSS, is acknowledged as completely out of date. It needs to be relegated to the dustbin of history – as has been promised for years and years. We are still waiting!

Here is an explanation of what a UDF signifies by a VCAT member –

Strategic planning documents like a  UDF  often form part of the background material that has informed the creation of a DDO schedule and may therefore be a reference document in the planning scheme policies, so as to provide an explanation as to what has informed the creation of a DDO schedule that contains specific built form requirements

Source: Jabala Pty Ltd v Maribyrnong CC [2017] VCAT 1083 (20 July 2017)

Also worth pointing out is that other councils have decided that their neighbourhood centres are deserving of full blown structure plans. Bayside covered all its neighbourhood centres with one amendment and whilst they were not granted mandatory height limits, they are now providing further strategic justification in order to achieve this goal. Boroondara was also successful in gaining Wynne’s signature for mandatory height limits of three (3) storeys for 18 of its 21 centres.

Several other councils have also enunciated their policies on structure planning for their neighbourhood centres – as depicted below.

For a long time mandatory height controls have not been supported in the Victorian planning system. However, recent changes have provided some support for mandatory heights in Neighbourhood Centres, in particular the new State planning strategy –Plan Melbourne and the new residential zones. Therefore, there is an opportunity for Council to pursue mandatory height controls in Moreland’s Neighbourhood Centres, subject to ensuring that housing supply and diversity is provided for across Morelandto cater for forecast housing needs. On this basis the Strategy recommends mandatory heights of four storeys acrossthe majority of the ‘focus areas for change’ in Neighbourhood Centres (which includes the Commercial 1 Zone, Residential Growth Zone and Mixed Use Zone)and a mandatory three storey height in areas where the Residential Growth Zone or Mixed Use Zone is located directly oppositethe Neighbourhood Residential Zone. The approach is supported by testing of building types across the most common lot sizes and an analysis of housing capacity in Moreland

https://www.moreland.vic.gov.au/globalassets/areas/amendments/amendmentslib-7208/c159/moreland-c159-neighbourhood-centres-strategy-reference-document-march-2017-adopted.pdf

A structure plan is a means to provide precinct-specific direction on the extent, form and location of land use and development. The preparation of structure plans for Maroondah’s Neighbourhood activity centres is designed to protect and enhance the role of the centres, help direct capital spending on public realm and infrastructure improvements, and protect residential areas from the encroachment of inappropriate commercial uses.

https://www.maroondah.vic.gov.au/Development/Planning/Planning-Framework/Structure-Plans/Heathmont-Activity-Centre-Structure-Plan

For council to therefore imply that a UDF (without associated DDO’S, MSS upgrades, structure plans or revised zone schedules) is sufficient to protect our Neighbourhood Centres is sheer bunkum.

Even more concerning is that reading between the lines, council intends to once again employ Section 20(4) of the Planning & Environment Act. That means no planning panel, no formal submissions  and the opportunity for residents to provide detailed input. The minister alone will be the final arbiter.

In the above quotes from the Planning Practice Notes, there is a strong emphases on the importance of community consultation. Council will no doubt claim that there has been plenty of ‘consultation’. Yet when we go back to the 2017 ‘consultations’ we find that the number of residents who bothered to contribute to the ‘survey’ on these three neighbourhood centres was minimal – ie

A total of 71 people contributed to the Bentleigh East survey

A total of 52 people contributed to the Caulfield Park survey

A total of 59 people contributed to the Caulfield South survey.

Hardly ‘comprehensive consultation’ and we remind readers that the survey was anything but a genuine attempt to discover what residents thought about development etc. when the terminology used was repeatedly ‘shopping strip’ and no question was directly querying matters of appropriate height, open space, etc.

There has not been any further ‘consultation’ on these three suburbs. Council will now produce its UDF, and residents will have the opportunity to provide feedback. Council will then presumably ignore this feedback and send this off to the minister as happened with the Elsternwick, Bentleigh & Carnegie interim structure plan process. That is how ‘democracy’ works in Glen Eira! Again, readers should remember the outcry over 12 storeys in Elsternwick & Carnegie. It mattered little to the subsequent decision making by this council. Our fear is that this ‘tradition’ will continue with our neighbourhood centres!

 

Up for decision next Tuesday night is an application for 7 storeys, 30 apartments, some office and retail space in Balaclava Road, Caulfield North. The site is directly opposite Caulfield park and practically on the corner of Hawthorn and Balaclava Road. The retail component is seeking a car parking waiver of 9 spots. The officer’s recommendation is to grant a permit.

As per usual we get pages and pages professing to quote the planning scheme. The conclusion is that the planning scheme supports the application. No mention is made of the fact that currently there are no height limits, nor that the so-called City Plan, calls for a maximum of 5 storeys.

These omissions are all minor compared to the following. On page 23 of the agenda we find that the report quotes Section 22.07 of the Housing Diversity Policy. What we are not told is that this is only PART of section 22.07. Completely missing from the officer’s report is the section on Commercial Zoning in Neighbourhood Centres which is the most relevant section of the planning scheme in relation to this application. We quote it below:

Ensure that where the new building is greater in height than the prevailing building height or where significant changes in building height are proposed for residential buildings:

  • There is a graduated transition in building height between the proposed building and adjoining buildings.
  • The resulting height, mass and scale of the building does not dominate or visually intrude on the streetscape and takes account of views from the wider neighbourhood and at a distance.
  • The upper storeys are recessive so that the visibility of upper storeys is reduced when viewed from the footpath opposite or residential properties to the rear.

If readers know the area, then they will know that a 7 storey building next to a 2 storey building cannot but help stick out like a sore thumb! So much for the ‘graduated transition in building height’, which the planning scheme states! There’s also the problem of how upper storeys can be truly ‘recessive’ when the setbacks of levels 4, 5 and 6 are deemed acceptable at only 2.65 metres. Readers should remember that council started off contemplating setbacks of 6 metres, then 5 metres, in its early documents/policies, so now it seems that 2.65 metres will do!

But there’s even more to query in this report. We quote directly from this report and then comment:

The area has undergone substantial change over recent years with a number of redevelopments of up to seven storeys in height extending along both Hawthorn Road and Balaclava Road.

COMMENT: Yes, it is true that Hawthorn Road has several seven storey developments approved. To the best of our knowledge, Balaclava Road, DOES NOT!

Caulfield Park is a neighbourhood centre which has a role to support increased density and to provide greater diversity of housing. …. It is an area where substantial change is anticipated. 

COMMENT: Nowhere in the current planning scheme can we find any reference to the need for ‘substantial change’ – whatever that term may mean. It is also worth pointing out that the ‘reference’ documents to the Housing Diversity Policy (Clause 22.07) date back to 2002 and 1996!!!!!! This is after ‘strategic work’ on reviewing policies was promised in 2004, 2016. Thus far we are stuck with 20 year old data and promises!

Empirical assessment confirms that the retail parking allocation is sufficient for staff parking and that car parking occupancy survey indicates that there is available car parking spaces in the surrounding streets to accommodate the customer car parking demand. 

COMMENT: The above is in relation to a 9 car parking waiver. In previous applications for 7 storeys, much was made of the LACK of street parking in this area. Delahunty in particular, commented several times on the difficulty of finding a car parking spot. We would also like to query the ‘empirical assessment’. Did council verify the developer’s data, or have they simply taken it as gospel?

There are plenty of other issues with this report and its assessment. Currently one rear laneway serves the other two 7 storey developments. Now we will have another development that in part at least will also be utilising this laneway. How much traffic can one rear laneway take? How much backing up and manoeuvring will be required since there certainly is not enough room for two cars to pass each other?

Finally, we wish to remind readers of what happens when precedent after precedent is set in an area that council has done nothing about. When the first 7 storey application came in, the officer report stated:

The proposal is inconsistent with the intent and objectives of clause 22.07 (Housing Diversity policy) as:the density, mass and scale of the development is not appropriate to the scale, character and physical size of the Caulfield Park Neighbourhood Centre 

Two years down the track when the second 7 storey application arrived, we had this: suitable for an intensive form of development that would complement the well-established mixed-use role of the Caulfield Park Neighbourhood Centre

Given that not a word had changed in the planning scheme Clause 22.07 how can we reconcile these two contradictory statements?

For those who are unfamiliar with the concept of deliberative democracy or citizen juries/panels, we invite you to watch the following video created by Darebin Council quite some time ago. When most governments, organisations, and yes, local councils, are now embracing this concept which has gained popularity since the 1980’s, it is still astounding that we have troglodytes who promulgate the myth that citizen juries are ‘undemocratic’.  The Darebin experience proves the exact opposite.

If this council is truly about an open, transparent, and accountable council, determined to work with the community, then establishing such a panel is the only way to go.