Family seeks to run school
- Date: September 18, 2013
The legal move comes after Eliezer (Eric) and Nicole Kornhauser failed to secure planning approval from the Glen Eira Council and lost an appeal to the Victorian Civil and Administrative Tribunal.
The dispute centres on the operation of an ”education centre” the Kornhausers have run from their two-storey contemporary mansion built across two allotments on Springfield Avenue in St Kilda East.
The northern wing of the U-shaped property holds classrooms where 14 boys receive Jewish religious instruction during the day, and intensive courses are held for young local and international Jewish women through the Merkos Women program.
VCAT member Philip Martin found the Kornhausers’ proposal represented a ”fatally poor planning outcome”.
”I have some sympathy for the line of thinking that a dead-end residential street zoned Residential 1 is not an obvious place to establish this type of combined ‘women’s and children’s religious studies’ use,” he said.
Mr Martin also found that it was likely that a 95-year-old covenant established over the southern allotment prohibiting the use of the land for ”any religious educational or charitable use” was being breached by students using the pool on the residential side of the property.
The council has agreed not to fight the move in exchange for a promise from the Kornhausers that they would not seek to force the council to pay any legal costs if the family wins the case.
Nicole Kornhauser could not be reached for comment. A directions hearing is set for November 29.
cvedelago@fairfaxmedia.com.au
Read more: http://www.smh.com.au/business/family-seeks-to-run-school-20130917-2tx2r.html#ixzz2fCUdkcti
Glen Eira Debates 
September 18, 2013 at 2:11 PM
Two positions here.
(a) good on council for not wanting to risk ratepayers money
(b) council should be backing up its decisions and supporting residents
Council had already decided that the application for a permit won’t go through. By not fighting for this decision, plus the backing of a vcat decision, that then casts doubt on the kind of decision that was made in the first place. Either planners and council were right or they stuffed up badly. The decision to uphold and enforce law and order shouldn’t be based on which resident has got more money than other residents which I would say has got a lot to do with what’s happened here.
September 18, 2013 at 2:15 PM
Amazing – when those with money tell Council to jump the response is “how high”, yet when those of us who aren’t rolling in $’s want to discuss issues with Council/lors it’s either a blatant “p*ss off hairy legs” or a long exhausting fob off.
September 18, 2013 at 2:18 PM
Worth contrasting Stonnington’s support for their planning scheme during the recent Simmonds families Yarra River Frontage dispute and this Council’s non-support of its planning scheme.
September 18, 2013 at 2:21 PM
Either this Council supports its planning scheme or it doesn’t – no two ways about it. Particularly when they impose it upon us.
September 18, 2013 at 2:39 PM
We remind readers that the Morrice St childcare centre application could also be heading for the Supreme Court with objectors contemplating such a move last we heard. In this case officers recommended a permit, councillors rejected this advice and vcat upheld the permit. Now objectors are fighting this decision. Will council support objectors’ and their own councillors’ position in court?
September 18, 2013 at 4:19 PM
What is this Council doing?
Just because they are loaded shouldnt mean planning rules go out the window, any other Joe Blow wouldn’t get away with it and make deals.
September 18, 2013 at 5:36 PM
can this be saved for when someone talks about how many people that the trainers employ at Caulfield Racecourse!. http://www.abc.net.au/news/2013-09-17/jockey-breaks-silence-on-assault-to-call-for-racing-reform/4963314?section=sport
September 18, 2013 at 9:15 PM
So what is the question of Law that forms the basis for the appeal to the Supreme Court, and why has the Court granted leave? The use isn’t as-of-right, and there are sound town planning reasons listed in the VCAT decision for not granting a permit for this proposal. Other than the applicants are Orthodox Jews and have lots of money, there doesn’t seem to be much of a basis for the appeal.
September 18, 2013 at 9:35 PM
The full VCAT judgement is available at: http://www.austlii.edu.au/au/cases/vic/VCAT/2013/1157.html
Below is the penultimate paragraph. Please note council’s failure to enforce its own planning laws.
“Rather, it seems reasonable that I make it clear that the proposal as currently put forward has fatal problems, and there are some very challenging aspects still to be addressed if the Kornhausers wish to keep pursuing regularising the educational activities already occurring. Clearly the planning decision maker cannot grant any permit which would constitute a breach of the restrictive covenant affecting the No. 12 title area. I also agree with Mr O’Leary’s closing points that:
as there are real limits in practice to how much Council can enforce permit conditions, there should not be an over-reliance upon them. This is in the context of Council’s Enforcement Officer having apparently had problems in the past with being granted access on to the subject land; and
if any fresh proposal is pursued, there would need to be a much clearer demarcation about what activities would be allowed on what areas, compared to other areas where there must be no “spill over”.
September 19, 2013 at 12:06 AM
No wonder Council has backed down – when faced with the full force they obviously f*cked up way back. TV shows abound with this sort of crap – no wonder the Kornhauser’s objected as they have the financial resources (unlike the majority of us) to drive the f*ck up to ultimate legal conclusion.
The case is yet to be resolved, but with Council already backing down, the logical conclusion is that a basic f*ck up is likely to be enshrined in law due to Council inadequacies – long standing inadequacies of the Administration (management) and Councillors (oversight and involvement)
It’s becoming increasingly hard to reconcile Council’s self proclaimed excellence with reality.
September 19, 2013 at 9:56 AM
It looks like the might have all the ingredients to get what they want in this area.