This post is simply pointing out some ostensible patterns or trends and is positing some questions for residents’ consideration.
Over the years there have been many complaints about the running of the so called ‘planning conferences’ – ie. how objectors are not given the opportunity to ask the developer questions (that’s when they deign to even show up as with the centre of the racecourse debacle); how the planner’s final report is only available on the Friday before the council meeting, and so forth. The stated objective is that these planning conferences function as opportunities for dialogue and the potential resolution of differences. We wonder how much dialogue and subsequent compromise ever eventuates – especially when no real reports or ‘satisfaction survey’ results are made public.
Related to these conferences is the question of who chairs them. Should only local councillors chair such meetings if the application relates to their ward? Or should everyone be sent throughout the municipality since, as Lipshutz so often delights in telling people, he doesn’t just represent Camden Ward, but all of Glen Eira! It’s very strange then, that the vast majority of his chairmanship just happened to involve applications that were located in Camden!
Next is the NUMBER of planning conferences chaired by the various councillors, and the nature of the respective applications. Our analysis tells us that when the stakes are pretty big (such as major high rise developments, or important amendments such as C87, or applications that have garnered large numbers of objections) then the ‘big guns’ – ie Hyams, Lipshutz and early on, Magee – are dragooned into action. What also stands out is that throughout the duration of the last council, Penhalluriack DID NOT CHAIR ONE PLANNING CONFERENCE! Why, we wonder?
Here are some stats outlining the number of times each councillor chaired a meeting. We’ve omitted Staikos and Whiteside.
Hyams – 28
Lipshutz – 23
Magee – 25
Esakoff – 14
Tang – 5
Pilling – 19
Lobo – 7
Forge – 8
When we start looking at the individual councillor and the individual application, then there is definitely a trend. For example: on the few times that Lipshutz ventured out of his electorate it was to chair pretty contentious development proposals, that either drew heaps of objections or, were ‘unusual’. (ie the sell off of Station St to the Port Phillip Housing Association for $3.1m; Mavho St with stacks of objections). Magee was the ‘jack of all trades’, especially early when he was presumably ‘one of the boys’ – so he also got a few major projects. Then there’s our erstwhile Mayor. He’s indispensible, peripatetic, and seemingly most available – especially for many of the really top notch and contentious proposals (C87 Amendment; 10 storeys in Glen Huntly Rd.). Most of the other councillors were left with run-of-the-mill stuff such as double storey applications in minimal change areas. The over-riding impression is that the gang, including Pilling of recent times, generally get the really important proposals and the rest of the councillors all the left-overs.
Some other questions to consider:
- Are these conferences allocated or do councillors ‘volunteer’?
- If allocated, what is the rationale for picking which councillor chairs each meeting? (availability assumed)
- And the $64 question? How many ‘discussions’ has the chair already had with the developer prior to the conference as opposed to the number of discussions had with objectors? And as revealed at a recent council meeting with Lipshutz and his ‘volunteer’ in handing out how to vote cards, what about the potential for conflict of interest?
All in all, like everything else to do with planning, there is plenty of opportunity for manipulation and rigging the game – especially when there’s the oft repeated ‘threat’ of closing the meeting if too many people ask too many embarrassing questions!
January 26, 2013 at 12:43 PM
Moderators – two things
1. For those residents who, like me, have no clue what “peripatetic” means I looked it up – it means “going from place to place; itinerant”. Good word – who says you never learn anything from this blogsite.
2. In your research did you notice if in contentous developments the Chairperson is usually selected from a ward different from the ward of the proposed development. Having attended a few planning conferences in the Elsternwick area I have wondered about this.
January 26, 2013 at 11:38 PM
What the results do tell us is that approaching an election year councillors definitely respond to the public voice and vote ‘no’. Of course, it’s no skin off their teeth if they vote against the ‘advice’ of officers, because then there is always the scapegoat of VCAT rather than a deficient and unenforced planning scheme. Earlier on in the 4 year period the tactic is to grant the permit but with some minor reductions – ie 4 storeys instead of 5 and 75 dwellings instead of 93. Overall, we don’t think it’s a coincidence that the vast majority of decisions that went against officer recommendations were also associated with an incredible number of formal objections – and the general timing. Here’s a list:
1. Glen Orme Ave. McKinnon – 12 objections & a petition with 65 signatures
2. 441-449 Glen Huntly Rd, Elsternwick – 71 objectors & a petition of 33. One support letter
3. 487 Neerim Rd., Murrumbeena – 37 objectors
4. 34 ames Ave., Carnegie – 10 objectors
5. 2 Anzac Ave, Carnegie – 37 objectors
6. 46 Kambrook Rd., Nth Caulf. – 15 objectors
7. 46 Regent St., Elsternwick – 88 objectors
8. 70 Rosella St., Murrumbeena – 40 objectors
9. 95 Nicholson St., McKinnon – 87 objectors
10. 2 Belsize Ave., Carnegie – 31 objectors
11. Morrice St., Elsternwick – 76 objectors
12. Mavho St, Bentleigh – 47 objectors
January 27, 2013 at 5:14 PM
It is all about availablity and wanting to do the conferences. They all get called, in order but some knock them back all the time. This question was raised years ago. Why not simply phone Newton and ask him. Ring 95243333 and ask for Andrew Newton.
January 27, 2013 at 5:21 PM
Not do do with this topic but about consultation. Last week the Port Phillip Council were to hold a consultation meeting do discuss policy regarding Aboriginal art and other matters. Two days before the meeting it was understood by a ratepayer that the event had not been advertised. Not on the website, nowhere. When questions were asked of the staff the response was the people had been invited by private invitation and there was no public advertising. In the end it went upon the Council website. I am of the view if the Glen Eira Council undertook that sort of behaviour there would be complaints. So to all the people that bang on about Port Phillip Council it is not always getting it right.
January 27, 2013 at 7:04 PM
I’d rather not focus on who actually chairs meetings or why, but on what Councillors contribute to the meeting, the success they have in conducting the meeting, what they take away from the meeting, and how they use that information. Some of the meetings I’ve seen have not been edifying. Perhaps the biggest hole in the process is that residents, and maybe even applicants, don’t know what criteria the decision-makers will apply or the weights they attach to various planning considerations. Both Council and the State Government have lots of policies, so many that they inevitably ignore most of them. For a given application, nobody knows which policies will be considered important, and which ones are dispensable. Council attaches weight to VCAT decisions, yet VCAT is not part of the decision critera in GEPS. So one of the things Councillors could contribute to a planning conference is to ensure the attendees are aware of the criteria that will be used to assess that application.
Meeting conduct depends very much on the personality of the Councillor chairing the meeting. People who participated in meetings of the Racecourse Precinct Special Committee will be aware of its prickly chair and how quick he is to threaten to close a meeting if he doesn’t like what he is hearing. Ex-councillor Staikos came close to starting a fight when he tried to silence people speaking against a development. If you want time limits, state them up front, and apply them to all speakers.
What do Councillors take away from a Planning Conference? I don’t know. It doesn’t appear to affect the Officer Report that goes to Council, but it wouldn’t be appropriate for a Councillor to influence an officer report anyway. I do get cross when I see gaping holes in officer reports, and no councillor has the confidence or done the research to expose the holes. Hence we see ridiculous efforts from the likes of Cr Magee talking about 1056 Dandenong Rd being consistent with SPPF. Although its blatant rubbish, he didn’t know he was talking rubbish.
Every planning application affects everybody, one way or another, directly or indirectly. They establish precedents which developers subsequently leverage, they affect traffic patterns, they impose constraints on future developments in a precinct, they enhance or diminish diversity of accomodation, they can “contribute positively to the built environment” (whatever that means) or rob an area of a healthy mix of demographics, they can encourage landscaping and habit for less-fortunate species, or carpet an area with concrete. Ultimately the outcomes of the pseudo-science of Planning are what really matter, but the lack of transparency surrounding the actual decision-making is something to focus on.
January 27, 2013 at 9:39 PM
Well observed. Good work
January 28, 2013 at 4:23 PM
I agree with Anon! Extremely well said Reprobate. You write that the criteria for decision making is unknown on individual applications. Nothing is known. I think you have also commented numerous times that no report of the actual DPC meetings are ever made public, or even why the decision was taken to have a DPC rather than a planning conference and then on to a full council meeting.
The secrecy that shrouds most decision making on planning in Glen Eira is reprehensible.
January 28, 2013 at 10:14 PM
If you ask any councillor they will explain the criterea that is applied to determine if a planning application goes to a council meeting or a DPC or simply approved by an officer. Give em a ring or send an email.
January 28, 2013 at 10:53 PM
Really? They must be brilliant mind readers since the stated “criteria” is so nebulous and imprecise that it is utterly meaningless. Exactly what does “significant number of objections” mean? One, two, three, five, ten, scores? Eactly what does “significant policy implications” mean? 10 storeys, 5 storeys, 3 storeys, no car parking? The following, taken from council’s website, substantiates these claims. Please note how much power has been ceded to officers with no demand for full and comprehensive reporting back to elected councillors.
http://www.gleneira.vic.gov.au/Council/Planning_and_building/Planning/Planning_decision_making_process
Planning decision making process
Council meetings
Glen Eira City Council considers and determines applications which have attracted a significant number of objections and/or are considered to be major applications having potentially significant policy implications.
The number of objections received is only one consideration in determining whether or not an item should be referred to Council. Other factors to consider are the nature of the objections (vexatious, pro forma, petition), the officer’s recommendation and any prior Councillor involvement with the application.
An exception to this is applications which are to be refused despite the fact that they involve significant policy implications. In such cases, the Manager Statutory Planning can exercise delegated powers to refuse an application which fundamentally contradicts Council policy, irrespective of the number of objections.
A judgement as to whether an application has significant policy implications is made by the Manager Statutory Planning, often in consultation with the Group Manager Statutory Services and/or the Director City Development.
A planning conference is an important prerequisite to an application being considered by Council. The planning conference is chaired by a Councillor and provides the opportunity for applicants, objectors and residents to make submissions in respect to planning applications that have been referred to a Council meeting for a decision.
The purpose of the planning conference is not to determine the application. Rather, the conference provides a public and open forum where discussion of the proposal can occur between the parties with a view to identifying affected resident concerns, possible means for addressing the concerns and opportunities to improve the proposal.
Following the planning conference, the application will be referred to a Council meeting for a decision. Although the Council meeting is open to the public, there is no opportunity (subject to a ruling by the Mayor of the day) for the public to make submissions to the Councillors.
Delegated Planning Committee
Council’s Delegated Planning Committee comprises senior Council officers and is convened on a fortnightly basis. It operates between Council delegation and officer delegation in the decision-making structure. That is, it handles applications which go beyond the powers of officer delegation but which do not have significant policy issues or enough objections to warrant a Council decision.
An opportunity is provided for all affected parties to make submissions to the Committee prior to the application being decided, which is done at the conclusion of the meeting. As both applicants and objectors are generally in attendance, a good opportunity for mediation exists at this meeting. Where total agreement cannot be reached, an attempt is made to close the gap of differing views.
Officer delegation
Applications which have not attracted any objections and achieve a satisfactory level of compliance with Council policy are determined by planning officers acting under delegated powers from Council.
Council has also delegated authority to the Manager Statutory Planning to refuse applications which do not achieve a satisfactory level of compliance with Council policy. Furthermore, the manager and co-ordinator have sole authority (amongst planning staff) to approve any development involving more than one storey.
January 29, 2013 at 11:26 PM
PLANNING CONFERENCES
Experiances I’ve had they are an absolute joke only helld to fulfill a council duty and that’s the end of story.
First:- regarding GESAC it was distinctly presented to councillors that the
parking plan was inadequate.
Second:- Many of Cr. Lipshutz’s planning meetings which I’ve attended have
been over in less than anhour as he seems to smell his dinner on
the plate just before 7.oopm and he’s even gone off l;eaving
objectors etc discussing problem without being preseent.
Third Having attended many MRC applications concerning our Crown
Land the
losing punters have suffered:-
a abondonment of discussion when the heat looks too hot,
b discussions held at differrent addresses to the advertised location, c locked entry doors frequently of the tower and sometimes on the
same night as the “wrong” location had been advertised.,
d changed location within city hall, without posting any information of
this re-location on external doors or theatrette
e meetings to discuss difficult plans held without any electronic
pointers or even a broom to use as a pointer
,f changed chairpersons if it is a concentious issue.
g council colluding in secret with MRC at VCAT without informing all
parties.
THIS GLEN EIRA DEMOCRACY IS A JOKE!!!!!!!!.