Council and some of their supporters insist on propagating the myth that the introduction of the new zones has not been the impetus for far greater development, and density, in Glen Eira. The standard line has now become that nothing is different; that the introduction of the new zones merely reinforced what was council’s policy since 2002 and earlier. That in the end, the new zones represent a ‘neutral translation’. Nothing could be further from the truth.
Readers will know that Bent Street Bentleigh has now become the focus of some large combined property sales with the potential for huge developments. Bent St was previously designated as ‘housing diversity’. A large part of Bent St is now zoned Residential Growth Zone – meaning that 4 storey developments are likely to become the norm.
In the interests of historical accuracy, we want readers to reflect on the following VCAT case and development application. It dates from February 2012 and concerned an application at 23 Bent St for a 3 storey, 27 unit development. The land comprised a large block of 1,057 square metres. Council had refused the application. VCAT granted the permit. What is most telling however is the argument produced by Council against the development and the VCAT member’s comments. We cite directly from the judgement.
I note from council’s delegate report at page 7 “the construction of a three storey development is reasonable having regard to the zoning of the land is consistent with the state and local policy in terms of its strategic vision for the Bentleigh urban village”.
COMMENT – so two years ago a 3 storey development was considered ‘reasonable’. Now we have to assume that a 4 storey development is also ‘reasonable’
Council acknowledged that a site of this size could accommodate a three storey building however had concerns regarding the extent of the third level combined with its side setbacks, in that it would provide an overly dominant form particularly when viewed from the private open space of 25 Bent Street to the north which is a single storey dwelling.
COMMENT – 3 storeys was ‘dominant’ 2 years ago, and now 4 storeys is okay?
The maximum overall height of the building varies between 8.8 metres and 9.51 metres due to the fall of the site from south to north. It is acknowledged that the overall height largely exceeds the suggested 9 metre height contained in clause 55 but the permit applicant maintains that it is an appropriate and respectful height given the existing and preferred character of the neighbourhood which is identified in the LPPF for managed change to accommodate more intensive residential development.
COMMENT – So a building of 9.51 metres was in 2012 considered ‘dominant’. Even Clause 55 suggests a ‘9 metre height’. What we’ve got now is 13.5m!!!
The subject site is within the residential precinct 4 of the Bentleigh Activity Centre which at a policy level is directed towards increasing residential densities. This building will be the first introduction of a three storey building into the locality however, I am satisfied with the changes that I require via permit condition the proposal will set a standard for future redevelopment within the area whilst also sitting comfortably with its neighbours in the street
COMMENT: what was the ‘standard’ two years ago has therefore changed. The ‘standard’ now is 4 storey due entirely to the introduction of the new zones and the designation of this street as a Residential Growth Zone. The same applies to countless other streets throughout all of Glen Eira.
Source: http://www.austlii.edu.au/au/cases/vic/VCAT/2012/197.html
PS: and like any sensible developer would, given the largesse of council, there has been an APPROVED amended application to turn this 3 storey development into a FOUR STOREY DEVELOPMENT. The developer got his amended application in October 2013 – after the zones were introduced!
October 8, 2014 at 11:40 AM
This is going to happen all the time now. Developers get their permits sit on them for years and because of the zones know they can then get more. There will be if not already stacks and stacks of amended applications asking to go from 2 to 3 stories and then from 3 to 4 stories and in commercial the sky’s the limit. Hyams still has the cheek to say nothing is different. What a load of crap.
October 8, 2014 at 11:54 AM
Don’t forget that council keeps giving out permit extensions like lollies. Last council meeting had the Neerim Road one from 2009. All permits going back before the zones and haven’t had anything done can now apply to their heart’s content to increase their size and the number of apartments. It’s fantastic for developers and lousy for residents.
October 8, 2014 at 12:38 PM
Betyas that the amended permit didn’t go to council and councillors knew nuthin about it. This was a job for Akehurst and his mates.
October 8, 2014 at 1:09 PM
So what – every year Councillors allow Newton, Akehurst and Burke free rein via delegations.
The Councillors in continually allowing the Admin to do what the Admin wants without any oversight are no different than the Caulfield Racecourse Trustees. They too have failed in their legal, moral and ethical duties.
October 8, 2014 at 1:04 PM
So now we have the Bent Street application and the 150 Tucker Road application both 3 stories prior to the zones, now 4.
So much for nothing is allowed to be built now that wasn’t allowed before.
This plus the direct and neutral translation is shot to hell.
It really is time for Councillors (and in particularly then Mayor Hyams) to actually get up and face the community in a public meeting. It’s time for them to stop hiding behind their hallowed Councillor curtain (i.e. open rehearsed Council Meetings at which the public is not allowed to speak, meeting residents piecemeal and publishing, at rate payers expenses, how good they are in the Glen Eira News).
Councillors need to subject themselves to a Town Hall Style Forum – the are not gods or even demi-gods. They are the elected representatives of the community and need to step up to the plate.
October 8, 2014 at 3:46 PM
You’re kidding. The mind boggles at Pilling standing there and having to remember everything he has been programmed to say. Same goes for Okotel, Esakoff and the king of mumblers Lipshutz. Magee will provide much self interested hot air as will Delahunty and Sounness will end up sitting on the fence and because he can’t see any alternative say whatever the gang wants. Lobo will get lost in outer space. Hyams will huff and puff and insult everyone and his vocabulary will be exclusively weasel words. They don’t have an idea about anything that hasn’t been rammed down their throats by Newton. Amazing that they haven’t chocked as yet.
October 8, 2014 at 4:01 PM
I don’t see how council can cling to the story that nothing is new with the zones. This and quite a few other posts have blown holes in their theory and some might call it “conspiracy”. There cannot be any denial that developers are now putting in applications for far higher apartment levels and certainly trying to cram many more dwellings into their applications. This was not the case several years ago and before the zones quite literally informed developers to reach for the sky. If council would have at least tried to get some more things into their schedules then maybe, just maybe, the result might have been more palatable. But they haven’t done any of the contingent planning that should have come in together with the zones like parking and permeability. Council has been quite happy to sit back watch the mad scramble and reap in all the rates they are going to get from multiple high density developments. Whereas before they might have got 10 sets of rates from one development, they will get triple and quadruple this amount from the same block of land because instead of building 10 apartments there is now permission to build 30, 40 and even 50 apartments.
October 8, 2014 at 5:07 PM
Agree D. Evans, the “nothing can be built now that couldn’t be built before” and the “direct and neutral translation” have been shot to smithereens.
To counter this, the latest from the spin doctors is “the current spate of developments is not attributable to the zone implementation” which just goes to show how close to scraping the cracks in the bottom of the barrel they are.
Once residents have managed to pick up their jaws from the floor (caused by realising just how far removed from reality Council is) they should be asking if Council draws any correlation between their zoning and the
. collaborative selling of properties,
. huge $ being paid by overseas investors and
. big marketing push by real estate agents to convince residents to sell
Of course the public answer will be no and be accompanied by another mega pile of jaw dropping bs.