Applications have come thick and fast for 1 or 2 shops and 50 or so residential dwellings in so called Commercial Zones and what is euphemistically called ‘mixed used zones’. Council has 20+ of these MUZ zones throughout the municipality. The objective is not really to foster commercial growth, but to allow high density residential development. Please note the following:
- Council could have mandated height limits in such zones – they did not!
- Council relies on ResCode for the ‘standards’. ResCode of course only applies for buildings up to 4 storeys
In the end, Council has basically said that anything goes in MUZ (where they did have the option for greater controls). Instead it’s a gilt edged invitation to please come on in and build to your heart’s content.
The first real test is an 8 storey application for Gordon Street, Elsternwick. It reads: Demolition of existing building and construction of an eight (8) storey building containing 55 dwellings and food and drink premises; reduction in statutory car parking requirement and buildings and works in a Heritage Overlay
We predict the following since there are no limits in the new planning scheme. Councillors will give the okay for 6 storeys and possibly 43 units. Some part of the argument will relate to the proposed ABC studios high rise. The developer will go to VCAT and once again VCAT will okay the application since there is nothing in the planning scheme to prevent 8 storeys and of course no parking scheme, no development contributions levy and no open space levy worth talking about. As for ‘heritage’, well we already know what Lipshutz thinks of heritage!
To glean a full understanding of the implications of such zones we’ve included a map from the department’s website that should illustrate the potential impact of the mixed use zones on neighbourhoods. For this specific example, please note:
- All dwellings along Lydson St back onto a GRZ2 zone – hence 3 storeys hovering over their back yards whilst the MUZ zones area could be anything – 8 storeys, 10 storeys, etc.
- With no transition zone these poor residents will be swamped
- This example is happening throughout Glen Eira

October 27, 2013 at 6:22 PM
There’s another 5 storey, 1 shop, and 29 units going into Centre Road Bentleigh. This is also zoned as mixed use and naturally they’re asking for car parking waiver.
October 27, 2013 at 6:58 PM
“Mixed use” is high density residential development.
October 28, 2013 at 11:38 AM
Only Phoenix Precinct Area 1 and Chestnut and Blackwood Streets are listed in the Planning Scheme as targetted for *high* density development. MUZ is for *higher* density development provided it complements the mixed use function of the locality and responds to the existing or preferred neighbourhood character of the area.
October 28, 2013 at 2:34 PM
I assume then that one tiny little office, or one single shop in an eight storey building fulfills the mixed use function and protects neighbourhood character? This is the thin end of the wedge allowing major residential development to occur without proper safeguards for side streets and local areas. Add to this the convenient parking waiver that accompanies most applications and its another indication of terrible planning and bending over backwards to accommodate developers. The bottom line is that council does not give a stuff about residents.
October 27, 2013 at 7:58 PM
Meanwhile Council continues to publish disinformation on its website, stating erroneously that “Glen Eira City Council has won approval for mandatory maximum height limits over all residentially-zoned land in Glen Eira”. As pointed out here MUZ, which is a Residential Zone, doesn’t have any height limits. It really annoys me just how little integrity our Council has in planning matters.
Lydson St was very fortunate to be placed under a neighbourhood character overlay given its close proximity to an activity centre and railway station. Other parts of the municipality with California bungalows and further away from shops and transport were not so lucky. But then all planning decisions have been extremely political and plagued by inconsistency. It’s so bad that Jeff Akehurst has been publicly touting how well he has “performed” in Glen Eira.
Its not strictly true that ResCode doesn’t apply to MUZ. One could argue that ResCode doesn’t apply anywhere since its purely discretionary and VCAT has rejected it—you can find VCAT decisions where a Member has sneered at it, and very few multi-unit developments in Glen Eira comply—but its application is supposed to be based on the height of a development. It’s a truly bizarre situation that s55, which contains amenity “standards”, doesn’t apply to developments of 5+ storeys. Despite this, the Mary Delahunty-era “Design [sic] Guidelines for Higher Density Residential Development” apply and these make repeated references to the standards in s55.
October 28, 2013 at 10:59 AM
Council announcement forgot to mention anything about commercial zones and mixed used zones. Very convenient. Amendment after recent amendment has altered zoning to mixed use and hidden away in one tiny little sentence there was the obligatory mention of “residential”. Typical council policy not to publicise what could and would happen.