Below is our report on the second Glen Huntly Rd application. We suggest that readers pay careful attention to the following:

  • The total inanity of Sounness’ arguments – ie admitting that this is an ‘overdevelopment’ but that’s not ‘compelling’ enough reason to deny a permit! From a planner, this is an astounding statement!
  • Magee’s inconsistency! Vote in favour of no permit first off, and then turn around and vote for 3 storeys. Incomprehensible!
  • Please, please councillors, can we please discover a new vocabulary to justify the unjustifiable – “appropriate’ is becoming incredibly tiresome and meaningless
  • Consistency or lack of, is really baffling. Why not a motion to reject 8 storeys, but one to reject 4? especially when they’re on the same road and the planning scheme indicates this as a major transport/arterial road?

Here’s the discussion. It is not worthy of the label ‘debate’!

Lobo moved to reject on grounds of consistency with ‘urban design’, setbacks, streetscape, car parking, etc. Delahunty seconded.

LOBO: went into the history of the site (ie previous application for lesser no of storeys and dwellings). Said that previously there was ‘already the issue of overlooking’ and with a bigger size development now this will be worse for traffic. Lobo said that Glen Eira is ‘already a busy suburb with trains…..making a nuisance’. Said he was ‘concerned’ and asked himself ‘whom am I working for?’ – residents or developers? Mentioned the interface with minimal change, mass, overshadowing and the health issues associated with this. Will be a problem for residents who ‘pay their rates’ and will soon cop the fire levy.

DELAHUNTY: thought that Lobo summarised the ‘main issues’ such as car parking pretty well and protection of amenity. She therefore supported the motion to refuse.

PILLING: went into the history slightly but said that the developer had ‘redesigned’ the building and that this was a ‘reasonable site’ for this kind of application. Foreshadowed that if the motion failed he was going to move an alternate motion to accept.

ESAKOFF: thought that it was ‘an over-reaction in refusing’ but would wait for the foreshadowed motion.

LIPSHUTZ: supports Pilling ‘in what he said’. Went on to state that they’ve just approved a 6 storey building and this is only 4 storey so ‘it’s a little harsh’ to reject and he won’t support the motion.

MAGEE: said that Glen Huntly Rd had been ‘identified as a major opportunity for developers’ to ‘go for broke’ – ‘go for 8, go for 10, there is no height limits’…’have a crack and see what you can come up with’. Probably their applications would be ‘halved’ but ‘this is a failure of councils over many, many years’ (but not just the recent council or Glen Eira alone). Said that the planning scheme ‘doesn’t protect municipalities’. This is not in the shopping centre and they’re ‘still looking at 4 and 6 storey buildings’. Claimed that what was happening was ‘filling in the gaps’ and the reduction of 2 storeys here and there was pointless when it came to a 10 storey development. The result will be that ‘Glen Huntly Rd is (no longer) Glen Huntly Rd. ‘We need to show some courage here’, and reject the application. People live around here and ‘it’s not fair’. He wouldn’t want to ‘live next to sit’ so he’s not giving his vote for something that he wouldn’t like next door to him.

HYAMS: agreed that 4 storeys was ‘inappropriate’ because there’s nothing similar in the area ‘unlike the previous application’ – so 3 storeys is appropriate. Talked about ‘taking off the top floor’, setbacks, and laneways which meant that the impacts ‘wouldn’t be so severe’. By refusing it’s saying that this is ‘no good’ and it will go to vcat and vcat ‘will be relying on precedent’ and that what a rejection means is that ‘basically wasted council’s time’. Said that the question arose about whether councillors work for developers or residents but that when applications come ‘we’re not working for anyone’ and that what they are doing is function as a ‘judicial body’, ‘we’re applying planning law according to the planning law’. If ‘we were working for the residents’ then they’d be refusing ‘everything’ that there was an objection to. Then the govt would ‘in very short order say this is a complete farce’ and council’s power to decide would be ‘removed’. ‘What we need to do is apply the planning law appropriately’. Referred to Magee’s statement about failure of planning law. Hyams said that this is the result of ‘successive state governments’ so ‘you can’t blame councils’ who have to abide by the parameters. Soon with the reforms there will be hopefully the opportunity to ‘produce better outcomes’ when councils can have a say. Said that they work for residents in trying to produce the best law for Glen Eira and therefore they have to be ‘impartial’.

LOBO: didn’t have any more to say.

MOTION WAS PUT AND LOST. Voting in favour of motion – Lobo, Delahunty, Okotel, Magee.

AGAINST: Lipshutz, Esakoff, Hyams, Pilling, Sounness

Pilling then moved his foreshadowed motion to accept 3 storeys, etc. Seconded by Lipshutz

PILLING: said that the ‘size and scale’ of the building is pretty close to the original application that was approved by VCAT. Thought this was ‘a reasonable outcome’ and that by taking off one storey this ‘satisfies some of the residents’ concerns’ and is a ‘reasonable outcome to the streetscape’ and it’s ‘in line….with council policy’.

LIPSHUTZ: 4 storeys isn’t ‘appropriate’ and that there aren’t any longer ‘issues of overlooking’ or Lobo’s ‘concerns about people’s bathrooms’ and therefore ‘it is appropriate’.

SOUNNESS: just wanted this ‘for the record’ that he recognised tht there’s a permit for 3 storeys and 19 units that he would ‘prefer’ that now there is something ‘close’ to that number again, but council is increasing the number. Would prefer a greater reduction in units but even though ‘it’s an overdevelopment of the site’ that’s not ‘a compelling enough reason to refuse it’.

PUT TO THE VOTE. MOTION CARRIED. VOTING IN FAVOUR WERE – MAGEE, HYAMS, LIPSHUTZ, ESAKOFF, SOUNNESS, PILLING

AGAINST – OKOTEL, LOBO, DELAHUNTY