ALMA CLUB APPLICATION
As expected, the officer’s (Ron Torres) report recommends that a permit be issues for “up to 73 dwellings in an apartment style 3 storey building and townhouse style development of 2-3 storeys above basement car parking and a reduction in visitor car parking requirements….”. There were 58 formal objections.
It is worth commenting that this report contains much that is taken verbatim from the developer’s application. As to lighting and internal amenity there does not seem to be any problem in having people live underground – “It is considered the ground floor north facing apartments will have poor solar access as their floor level is substantially lower than the ground level at the northern boundary. Their living room windows are also substantially overhung by the balconies above. Therefore a condition is recommended to setback the first floor balconies to improve the amenity of these dwellings”.
On traffic and its impact on local and adjoining streets we have this: “…the expected traffic generation can be considered in the context of the traffic generated by the Alma Club (when it was operational). Therefore, whilst there will be a noticeable increase in traffic during residential peak times (ie weekday mornings), there will also likely be less traffic at other times when the Alma Club would have generated traffic, such as weekends. Furthermore, Council’s Transport Planning Department is satisfied Wilks Street can accommodate the traffic generated by the development. On balance it is considered an increase in traffic movements within Wilks Street as a result of this development is not unreasonable”.
Not one statistic to support any of the statements! And since when does 5 days of traffic twice a day compare to a declining club membership that is assessed only on weekends? Nor is there any mention of the major arterial roads that run off Wilks St and the safety issues involved. The only change that is advantageous to the community is the recommendation that a 5% open space levy be paid by the developer instead of the 4.75% that had been ‘agreed’ to previously.
All in all another dodgy officer’s report without substance, detail, and a far too heavy reliance on the proposal as submitted by developers. Surely when the community pays their wages it is not too much to expect that officer reports show some initiative and originality plus, providing a substantiated rationale for their decision making that is not authored by the developer.
RECORDS OF ASSEMBLY
First off we note that the online version of agenda has repeated one of the ‘minutes’ – meaning that one document is missing! The trend of secrecy continues unabated however. Notations included in these documents reveal that important issues that will have a major impact on the community HAVE BEEN DISCUSSED but not one word has come out into the public domain concerning these issues. For example:
- Residential zones – at least 3 times
- Referendum of Constitutional Recognition of local government
- MAV state conference – list of motions. Again residents have no idea of council’s position on any of the proposed motions.
- There’s another couple of interesting items that read – “Cr Hyams – letter to the editor in the Australian Jewish News from a Labor Federal member of Parliament. Need for a Council response to correct the record.” AND – “Cr Hyams – draft letter to the Caulfield Racecourse Reserve Trust relating to members of the public attending and addressing the Trust.” (Please note that Delahunty had raised this issue in a previous meeting); “Cr Hyams – a meeting of the non MRC Trustees of the Caulfield Racecourse Reserve Trust.”
- GESAC and dispute resolution also gets a nod as well as in the Audit Committee report.
Finally it’s worth mentioning the item recommending the rescission of the Sustainability Policy and enacting a new policy. We have noted several times in the past that the arguments put forward by Hyams and Burke (when it suited them) was that nothing could be done UNLESS IT WAS CONTAINED IN THE MEETING PROCEDURES. There is no facility in the meeting procedures for a rescission of motion! If the argument is to be applied consistently, then this recommendation cannot proceed. But of course in this council we can only expect some glib sleight of hand to justify actions that suit the ultimate objectives!
PS: Also along familiar lines there is Newton’s report on the latest Community Satisfaction Survey. The entire report is NOT included in the agenda papers. Rather we’re told that it is available on council’s website. Unfortunately to locate the report will involve a ‘hide and seek’ expedition! The vital aspect of the survey focuses on residents’ expectations as to service performance and their grading of this performance. Below is the relevant information and we point out that once again the huge discrepancy between what residents consider as important and their evaluation of the actual service.
PPS: We’ve commented on this previously but given the deceptive reporting of the VCAT decisions it is worth re-iterating. For the 20 Hawthorn Rd application which was overturned by VCAT, council writes:
“Council determined to refuse the application as it failed to satisfy the intent and objectives of the Minimal Change Area Policy, in terms of excessive visual bulk and poor interface with the adjoining residential properties. The development
also failed to satisfy a number of the ResCode standards ‘.
Not only is this entirely disingenuous, but not does represent what the member actually concluded. In fact, Council itself ‘stuffed up’ big time. It did not even know the areas that were Minimal Change as opposed to Housing Diversity. Here’s what the member concluded:
- There is little doubt in my mind that the subject land is in a housing diversity area under local planning policy. As the purpose of local planning policies is to give effect to the municipal strategic statement (MSS),[1] it is relevant to start with the MSS. The MSS includes a Framework Plan the purpose of which is to ‘support and promote’ specific land use outcomes.[2] The Framework Plan, although indicative, includes the subject land as an area along a tram route where ‘multi unit development will be encouraged’.[3] The MSS adopts a targeted approach to meeting future housing needs. It encourages multi-unit housing in identified housing diversity areas. Land along tram routes is a housing diversity area.
- The housing diversity area policy confirms the subject land is in a tram routes housing diversity area, having regard to the
Glen Eira
‘policy framework plan’ and the Caulfield North ‘Framework Plan’.[4] I will return the specifics of the tram routes policy shortly. - That the subject land is in a housing diversity area is confirmed by the minimal change area policy.[5] The policy was recently remade with amendments in Amendment C87 of the scheme (C87). The Council exhibited C87 before deciding this permit application. In the ‘Policy Framework Plan Minimal Change Areas’ map in the scheme when C87 was exhibited and in C87 shows the subject land not in a minimal change area. C87 was approved and commenced on 31 January 2013 and after the Council decided the permit application. It did not change the identification of the subject land as in a minimal change area in that map. In other words, C87 has not changed the identification of the subject land as not being in a minimal change area.
- I refer to this history because the Council assessed the permit application as if the relevant policy was the minimal change area policy rather than the housing diversity area policy. This was an error. The Council has now decided that the identification of the subject land as not in a minimal change area for policy purposes was a ‘mapping error within clause 22.08 mistakenly introduced in Amendment C87’,[6] and has prepared Amendment C108 to correct the ‘error’.
June 28, 2013 at 1:54 PM
Danby had a go at the “conservatives” on council. Thus how Hyams wants a “council” response is quite amusing. He obviously didn’t get his wish.
The Alma club should be right up councillor’s alley. Recommend 50 units only and increase visitor car parking.
June 28, 2013 at 3:01 PM
If readers are interested in a thorough analysis of the Alma Club application then they should check out the latest GERA posting – http://geresidents.wordpress.com. It’s well worth a read.
June 28, 2013 at 3:57 PM
Residents might like to ponder Glen Eira Council’s approach to the question of conflict of interest for the MRC Trustees, compared to the approach taken by Port Phillip. Most importantly, the legislation should be read very, very carefully and then compared with what happens in this council. We acknowledge that the Minister made the actual appointments but, and this is a huge but, the nominations were endorsed by council resolution!
The following is from the Port Phillip Council minutes of 25th June 2013 –
“Page 7
7. COUNCILLOR QUESTION TIME
Cr Horvath asked how a Councillor who is a member of a committee appointed by Council to that committee, could have a conflict of interest when, pursuant to the Local Government Act 1989, under sub- section 3 (ba), of section 78B , it says quite clearly: A person does not have an indirect interest because of a conflicting duty if – the person only holds a position, with the Council’s approval as a representative of the Council, in an organisation for which the person receives no remuneration.
The Mayor deferred to Tracey Slatter Chief Executive Officer, who responded that Cr Horvath is correct. Councillors have received advice consistent with the section of the Local Government Act that Cr Horvath has read out, that where Council appoints a Councillor to be a member of a committee and the Councillor receives no remuneration, that the Councillor is exempt from having a conflict of interest in relation to the conflict of interest being a conflicting duty.”
June 28, 2013 at 4:21 PM
Tang would declare a conflict of interest as a Trustee on many occasions, which Magee didn’t.
Was Tang right or Magee?
June 28, 2013 at 4:43 PM
Magee didn’t declare an interest once and once only. Other times he was quite willing to go along with the declaration. Personally I don’t think any of the trustees should ever declare a conflict. Politically this just handed control to those “conservatives” on council. Now, there is no problem. The Special Committee doesn’t exist and even if 3 councillors do declare a conflict that still leaves 6 to agree to anything.
I’d like to comment on the Alma Club recommendations now. It’s shameful that the quality of officers reports are reduced to cut and paste versions of developer plans. Ignoring for the moment the question that the authors of the post raised about the salaries of these “professionals”, the perception that must result is that this council’s planning department is in cahoots with developers. When no genuine arguments are presented and all that is produced is language such as “reasonable” then I believe that there is plenty to be worried about.
June 28, 2013 at 4:53 PM
Tang always declared a conflict of interest – a ridiculous stance by a lawyer who swallowed the administrations interpretation rather than reading and assessing it himself – so much for due diligence..
On the other hand Magee initially didn’t declare a conflict of interest however he soon did – another ridiculous stance that not only raises questions of due diligence but also on the courage of convictions.
As for the current objectionable three – no doubt they will continue to conflict of interest and justify it on the basis that Council didn’t appoint them, the Minister did. Another hair splitting whitewash that is complete bullsh*t – Council rather than exercise it’s right to appoint Crs. to the trustees, decided to put forward and list of eligible nominees (ie. elected Councillors) and allow the Minister to pick. Hence, the current three were appointed as Trustees by virtue of their position as Councillors and they have should not be declaring a conflict of interest.
June 28, 2013 at 5:07 PM
What an absolute disgrace the Alma Club Report is – a pissy little 2 dwellings removed and some setbacks and all will be well. The problems associated this development are massive and relate not only to the implications for the surrounding residents but also for the future residents. The substandard planners report (complete with plaguerised sections) is matched by the substandard traffic report.
I am beginning to think that the both the planners and the CK Obrien traffic management team have never seen the development site and it’s surrounds. They only know where it is because the development proposal included a map with a big red arrow.
June 28, 2013 at 9:56 PM
The imperative for officer reports to provide truthful and comprehensive accounts of the issue at hand does not feature in countless efforts from Glen Eira employees. Incompetence or dissembling is most often presented as “mapping” or “clerical” errors. Worse still is the manner in which this is repeatedly accepted by councillors without comment and without a resolution that the said officer reports go into the rubbish bin and new, accurate and truthful ones presented. This disease has plagued this council for far too long now.
June 29, 2013 at 7:36 AM
Ticked Off is absolutely right – the traffic comments in the Alma Club Officer’s Report are a complete disgrace and lack any substantiation (can’t even provide a list of complaints or requests for Council to address the issue because there aren’t any).
As a long term Wilks Street resident (25 years), the traffic generated by the Alma Club (even when operational) never ever generated the estimated 500+ traffic movements per day. The most traffic generated was on the opening and closing of the lawn bowls season and even that was not significant (car pooling is a concept well known to lawn bowlers). The club never had a large membership – about 400+ – and not everyone visited it every day and, being a community based club, a lot of members walked to it.
There is just no way the Club generated anywhere near 500+ vehicle movements per day – either for a specific event (timed arrival and departure) or as a constant throughout the day. Most of the Alma Club traffic was on the weekend and probably didn’t amount to more than 100 (in and out) on a Saturday afternoon.
The implications of an additional 500 daily (7 days per week) movements on Wilks Street and Alma Road are massive and deserve more than the brush off the traffic report has given it.
June 29, 2013 at 8:46 AM
Councillors should reject the Alma Club Officers Report – it is a complete sham as it uses more intensive development (ie. cram more in) to justify clear breaches of the Planning Scheme/Rescode (parking and open space), makes ludicrous claims on traffic impacts and accepts substandard internal design features (lack of natural light and ventilation). It totally ignores the issues associated with this over development and hopes to fob residents with minimal modifications (all probably previously agreed to with the developer). It sets a dangerous precedent for all of Glen Eira – not just minimal change areas.
Any Councillor who accepts this report should be seen as failing to due his/her duty as a Councillor. This is a classic over development (a key election strategy of all Councillors) that will have far reaching expensive implications for all residents long after the developer has disappeared with huge profits.
June 29, 2013 at 9:34 AM
We can save millions easy. Sack the planners and buy a coupla more photocopiers.
June 29, 2013 at 10:06 AM
And a rubber stamp instead of O’Brien’s traffic services
June 29, 2013 at 10:26 AM
Macca – Hyams is Hyams, (MODERATORS: partof sentence deleted)and show that he and his gang are the best.
June 29, 2013 at 9:29 PM
Just read in the Jewish newspaper that Hyams has joined Lipshultz in condemning Danby. Does this mean that all the councillors have authorised Hyams as the Mayor to respond to Danby? If so, Hyams has fooled all of them, something that he is very good at.