It looks like all chickens have finally come home to roost with VCAT’s decision to allow the Elsternwick 10 storey development to go ahead. Readers will remember that:

  • Lipshutz’s argument was that if council doesn’t approve 8 storeys instead of ten, that the developers will go to VCAT AND GET WHAT THEY WANT
  • Tang equivocated by arguing that 7 storeys is better than 8
  • Magee said that he wouldn’t like to live anywhere near the development but still voted for it
  • Lobo called it a ‘monstrosity’.

The sheer stupidity (and we use this word advisedly) of such arguments has finally been shown up for what they are – vapid, empty rhetoric with no foundation in law, fact, or good planning policy. Councillors should be ashamed of their efforts on this one and the ramifications of such decision making. Will they now, on the 14 storey application, vote in favour of 12 storeys and use the argument that since VCAT has approved the Ripon Grove development we can’t do anything?

The VCAT member made the point clearly and logically when he stated:

“Council recognised the importance of this key site in granting a conditional permit, however restricted the height of the building to eight storeys rather than the ten storeys applied for. One need to ask what difference either eight or ten storeys would make to the locality or the broader context of the major activity centre of Elsternwick”.

What this decision demonstrates is not the arbitrary nature of VCAT, but the failure of council planning policies (NO HEIGHT LIMITS, NO PRECINCT PARKING PLANS, NO STRUCTURE PLANS). Councillors have now successfully opened the flood gates in Elsternwick and they will bear the brunt of resident disaffection.