A joint letter/petition containing 116 signatures was tabled at last Tuesday night’s council meeting. The letter/petition, as presented in the draft minutes, reads:
We the undersigned, supported by our concerned neighbours, pedestrians, and users of Tucker Rd Bentleigh, wish to bring to your attention the following:-
- The above referred to property, has been left vacant for over seven years, except for the recent buildings at the rear of the property, on Box Court.
- The original house has been, and continues to be vandalised, and defaced by graffiti. Squatters have been a regular problem.
- The unattended plant growth is harbouring vermin (as reported by neighbours) and possibly reptiles, which could pose a threat to the health and safety of nearby residents and the many pedestrians.
- Disregarding the recent temporary fence, it can also be a safe and welcoming haven for the unsavoury characters who may prey on the ’unsuspecting’ who frequently use the adjacent footpath throughout the day and into the late evening (anyone, from school children to the aged).
- The site is an absolute disgrace and an ‘eye-sore’ which degrades our beautiful Bentleigh Street. Property of neighbouring houses could be devalued because of this shameful and neglected site.
- The Old House was once a magnificent building and the garden greatly admired. It was, we believe, regarded as a ‘Heritage Listed’ property. It is such a shame to see it so dilapidated.”
Crs Lobo/Magee
That the Petition be received and noted.
The MOTION was put and CARRIED unanimously.
All well and good. EXCEPT, that when minutes are created and parade themselves as the honest to goodness literal and verbatim truth, then they should be precisely that – accurate to 100%. These minutes are not. When Paul Burke read out the letter/petition he stated the address of the property – 150 Tucker Road, Bentleigh. This has now vanished – although there is nothing to indicate to the reader that there is anything missing. No “…..” to indicate an excision, or any comment to this effect. Without knowing any better the general public would have to assume that this is what the letter/petition stated. History re-written for the official record – and not for the first time!
But there’s more to this story than the simple omission of an address. The history of this dwelling goes all the way back to 2006 according to council’s application register. In short, this is a clear case of ‘land banking’ and permit extension after extension. The result is the ‘eyesore’ and derelict property at 150 Tucker Road.
Last year there was an agenda item where councillors had asked for a report on collecting statistics related to permit extensions. (See: minutes of June 12th 2012). Instead of responding to the actual request the report tried its darndest to do nothing of the sort. Here are some quotes:
Council does not currently keep statistics in relation to requests for extensions of time. As mentioned previously, a process change would be required to enable statistics to be recorded– in other words, ‘we won’t do it’.
Then there’s also this – …what is the purpose or insight provided by keeping extension of time statistics? There would appear to be limited value to be gained in extracting these statistics. It may be thought that they are some form of economic or lead indicator about development. If this is so, a better lead indicator is building approvals.
The final recommendation included: “Not commence statistic recording in relation to the requests received for extension of planning permits”.
The final resolution carried by councillors stated that statistics should START being collected. One year on there have been no reports on how many applications for extensions there have been, nor how many have been granted in this time. What should have happened is that officers be ordered to collate data for the past decade at least. In that way the true picture of what is going on in Glen Eira would be apparent.
When developers hold onto blocks of land granted a permit, or allow derelict houses to remain standing for years on end, the result isn’t merely the vandalism and eyesore of 150 Tucker Rd or the generally increased value of the land for development. Extension after extension equates to piecemeal planning all over again since there is no recognition of what is happening in surrounding properties or areas. Kingston insists that requests for permit extensions are not automatically approved by officers, but that these applications come back to councillors for re-appraisal. Six years down the track many things may have changed. Drainage, parking, noise, traffic – all may be reasons to amend the old permit and not simply rubber stamp it again with another extension.Simply rubber stamping extensions does no-one a favour except perhaps the developer.
Which takes us back to the beginning of the post and the attempt to rewrite history. 150 Tucker Rd should be visited by all those concerned with how this council deals with planning issues and how it appears to bend over backwards to support developers rather than maintain the amenity of residents. Readers should also question why the address of this property just happened to disappear from the transcript. Or is this simply another case of ‘clerical error’!!!!!!!
July 6, 2013 at 7:53 AM
Last Tuesday’s discussion on the state of the property involved Councillors promising to actively pursue the property owner to clean up the property and comment that this was an instance where council could show residents that it was responsive.
It made me think, the majority of residents would have made Council and Councillors their first port of call when lodging a complaint. Yet clearly nothing was done for years. In the context of local government, the number of joint letter signatories (116) is huge – it’s definitely extended beyond the neighbours and has reached the broader community. Getting 116 signatories to present a united complaint takes a huge (frequently tedious) effort – no doubt the effort was fuelled by years of frustrated dealings with Council/Councillors.
Makes you wonder about Council’s definition of “responsive”.
July 6, 2013 at 10:52 AM
By the way, if (and it’s obviously a big if in this instance) Council has been serving clean up notices which the property owner has ignored, there are a number of options Council could take. Whatever the option taken, the end result is Council undertaking the clean-up and back charging the costs (of the cleanup and any legal costs incurred) to the property owner.
Council uses similar options to pursue residents for unpaid rates, barking dogs, dogs off leash, nature strip and hoarder clean ups. If it’s good enough for residents why isn’t it good enough for developers.
July 6, 2013 at 11:45 AM
Cr Lobo assured the gallery that council was seeing to the matter by ordering a clean up. He also mentioned the graffiti and how Glen Eira was resembling parts of the Bronx. Sounds wonderful, but ignores the heart of the issue – Glen Eira’s approach to planning and the handing out of extensions upon extensions.
Councillors had their chance to remedy the situation somewhat last year. Lipshutz famously stated ‘why do you want to know something that you don’t know’ or words to that effect. The administration complained about more work for their already overworked and overpaid staff. The ‘compromise’ was data gathering from June 2012. Short sighted indeed, since it will now take at least another 5 years before trends are fully identified given that developers have at least 4 years grace before anything has to happen. We would imagine that with computer systems that cost the earth and the demands of good record keeping, extracting all the relevant data should not be a herculean task. It could have been done and should have been done – that is if councillors had the gumption to will it so instead of cowering in the face of officer opposition.
July 6, 2013 at 8:56 AM
Moderators – don’t get to ticked off about the exclusion of the address in the minutes. I agree it indicates a major issue of minute doctoring and is another to add to the long list of Council’s “rare lapses” which are shrugged off. Any authority empowered to act will accept Council’s shrug.
A much more significant transgression was Hyams’s gratuitous singling out a resident (who spoke at the Alma Club Planning Conference) by naming them at the last Council Meeting and then commenting that
the resident’s comment that Glen Eira was the fast growing municipality in Melbourne was incorrect. Then listing a number of Councils with a higher growth rate than Glen Eira – it didn’t matter that the list didn’t include Councils comparable to Glen Eira or any of the benchmark Council Glen Eira uses when assessing its performance.
The resident shouldn’t have attended the Planning Conference or spoken at it as the resident was not “connected” to the development. He didn’t explain what determined “connection”. The Alma Club proposal is a classic example of inappropriate intensive development in a minimal change area – it has major implications for future minimal change developments that extends across the municipality, well beyond the adjoining neighbours. Any democratic standard or principle upholds the resident’s right to attend and speak on this issue (or any other issue).
July 6, 2013 at 11:03 AM
We’ve got the same in our street. A house was sold 4 years ago and got a permit for 2 townhouses. Nothing’s happened. Windows are smashed and the grass is waist high. We have all rung council I don’t know how many times. If the developer has run out of money that’s his problem. It shouldn’t become a problem for residents in the street.
July 6, 2013 at 5:11 PM
LGA s95(1) concerning Conduct Principles states “Council staff must in the course of their employment— (a) act impartially; (b) act with integrity including avoiding conflicts of interest; (c) accept accountability for results; (d) provide responsive service”. However only the CEO can enforce it or the unpublished council staff code of conduct.
The 12 June 2012 report to Council concerning time extensions carries Jeff Akehurst’s name. In it, the author couldn’t see any reasons for monitoring time extensions, stating “Generally it is accepted in the planning industry that requests for an extension of time are primarily technical in nature if not administrative. To the best of our knowledge all other Councils take this view whereby requests to extend permits are not matters that come before a Council to decide.”
Well Jeff didn’t try very hard. City of Monash for example published “A Guide to Extension of Time – Permits In Monash” back in 2008. This spells out their policy, which includes limiting the number of times an extension is granted under delegated authority, and specifies the information an applicant is to supply in support of a request. Explicitly, “All requests for an extension of time, beyond the third request, must be reported to Council for its determination”.
One reason for tracking extensions is to assess the extent of Permit “warehousing”, and whether stronger policy or closer scrutiny of inactive developments are required. Development sites can represent a loss of amenity to residents and the wider community. For example its quite common for developers to block off or rip up footpaths illegally [and just occasionally legally], leaving them in that state indefinitely. One developer made the allegation [not disputed by Council] that when they built without a Permit it was with the full knowledge of Council staff. The Building Surveyor revealed that he hadn’t checked that the site had a valid Planning Permit when he issued a Building Permit. It is of course an offence to build without a valid Planning Permit when one is required. Council couldn’t even give a consistent answer about when the Planning Permit had expired.
These are all symptoms that GECC isn’t managing the aspects of development that it is responsible for. The only surprising thing is that it has taken so long for councillors to take even the very mild action they have to lift accountability.
July 6, 2013 at 11:45 PM
The issue of planing permit extensions is not new to Glen Eira – in response to residents requests, it was raised previously (http://geresidents.wordpress.com/2012/06/29/permit-extensions-the-flaw-remains/), somewhat less suscintly than Reprobate, but none the less raised. The appalling response, was Council freely admitting it has no clue on planning permit extensions, didn’t consider it an issue and Councillors can get stuffed when they suggest monitoring planning permit extensions. Yet all other benchmark Councils have recognized the significance of the planning permit extension issue and acted accordingly. Why not Glen Eira?.
No knowledge of planning permits extensions makes a mockery of officers reports ( to name a few but not all, retention of neighbourhood character, traffic or parking impacts or open space demands).
It really is time the elected started to apply the their election promises and perform accordingly..
July 8, 2013 at 10:24 AM
You want to lynch a person because they left an address out of the Minutes.? It may have something to do with Privacy.