Tonight’s Planning Conference on the 9 storey application in Centre Road Bentleigh had a huge turnout of very disgruntled and angry residents. Well over 100 residents and thus far over 150 objections. 6 councillors showed up – Lipshutz (who chaired the meeting), Hyams, Magee, Pilling, Delahunty and Lobo.
It was announced that at 4pm this afternoon the applicant had notified council of his referral to VCAT as a result of council’s failure to reach a decision within the 60 day timeframe. Quite remarkable given that the application was submitted on the 30th June, 2015 – five months ago! Several residents took council to task on this issue, asking why council is incapable of determining something within the legislated timeline.
What makes this even more outrageous is the fact that it only took one month for a decision on a 16 storey application to be rejected by the manager for an application in Egan Street, Carnegie. For this application (and we quote) (t)he reasons for the refusal relate to planning policy; impact on the public realm, height and scale of the building; traffic impacts, internal amenity; and equitable development rights with the adjoining sites. This is identical to all the objections raised by residents at tonight’s meeting. Hence, why does one application only take 32 days to determine and another application fails to be determined in 5 months? Why is one application refused under delegation by the Manager, and this application is permitted to go on and on and on? Or is this another instance perhaps of the Alma Club fiasco where council also failed to deliver a decision in 60 days and at ‘mediation’ caved in entirely so the developer got his way?
The most promising aspect of tonight was:
- How well versed residents were in planning law and how little the professional planners seemed to know, or couldn’t answer
- How residents are no longer prepared to sit and merely accept council’s waffle
- How residents are now loudly and clearly demanding that councillors introduce planning scheme amendments – although Lipshutz denied that this was an option and the planners pleaded ignorance, thereby contradicting what Magee and other councillors have allegedly told individual residents.
- How residents are now demanding that council do what it is supposed to do – ie. insist on accurate and valid traffic reports from the developer; that height in basement car parking be measured accurately so that cars over a certain height can enter; that Heritage of nearby streets be protected.
- How community expertise is prepared to challenge council ‘expertise’ – ie architects, air conditioning professionals, and ordinary residents who have had enough of council’s pro-development agendas and seeing their neighbourhoods destroyed.
Of course, tonight was merely going through the motions. The developer did not front, and Lipshutz performed his usual trick of twice threatening to close the meeting. In fact, he closed the meeting with people still wanting to ask questions. Ultimately, tonight’s meeting was another clear message to councillors – shape up or ship out like Newton and Akehurst have.
REVIEW THE PLANNING SCHEME NOW AND WITH FULL COMMUNITY CONSULTATION OR YOU WILL BE EX-COUNCILLORS IN 12 MONTHS!
Glen Eira Debates 
November 23, 2015 at 10:52 PM
That Lipshutz bloke sounds like a arrogant so & so
November 23, 2015 at 11:10 PM
I was very impressed by the knowledge of people and how much work they had put into their objections and their speeches. Can’t say the same for Camera, his side kick and Lipshutz. Threatening to close meetings does not wash, particularly when the claim is that councillors are there to listen.
Important questions were not answered and it looked like Camera did not know when asked if Aldi pays for its parking spaces, or if the sbo is likely to be affected with several levels of underground parking. I would have thought that as planners, these are essential areas that should already have been considered. I also noticed Lipshutz giving Magee a very very very stern look when someone said that Magee had sat in their lounge room and told them that council was going to introduce overlays. Not to his lordship’s liking that one.
November 24, 2015 at 12:01 AM
The rot set in when the foolish Councillors approved the 10 storey building at the top of Glenhuntly Rd . Dumb
November 24, 2015 at 5:20 PM
Nah. The rot set in with newton and burke
November 24, 2015 at 12:59 AM
Yes, well, I think there are quite a few people who have had similar experiences with Magee over the last 12 months: lots of private representations to objectors, which don’t match his public statements or (lack of) action.
November 24, 2015 at 7:34 AM
Clearly, there is something drastically wrong with this Council, Its Administration and Councillors.
2 years ago they had no problem imposing the zones without any community consultation a month after they were enacted. Now, one development in Bentleigh (9 storeys, 47 apartments) community consultation is so important that Council can’t meet a 60 day response requirement because of the need to for consultation and scheduled Council Meetings.
What’s the bet that at tonight’s Council Meeting, Councillors will extol how highly skilled and professional its planning department is and how Council prides itself on its insistence on community consultation.
November 24, 2015 at 8:16 AM
Mr. Magoo sat in there lounge room, good god; burn the couch
Lipstick gave a stern look, eerr no; that’s just how the (MODERATORS: rest of sentence deleted)
November 24, 2015 at 8:58 AM
Gosh oh gosh – who is this extremely rude and uncultured ventriloquist who chaired the meeting last evening regarding the proposed 9 Storey development. My first and surely last attendance to such unprofessional conferances where residents were abused. (MODERATORS: sentence deleted). It explains why the council was sacked and investigated 4 times. Too many bullies in the council with many hidden agendas. There must be a few rats smelling in Town Hall and (MODERATORS: rest of sentence deleted)
November 24, 2015 at 9:20 AM
well, I think that there are a number of people who could attest to what Magee has said to them in private about what GECC has or will be doing to address concerns over the zones. None of which match up his or GECC’s public statements or actions.
So what does the referral to VCAT mean in practical terms? Does this mean that the developer has side-stepped GECC, and VCAT will make a decision? Does this effectively shut out third party objectors?
November 24, 2015 at 9:24 AM
Residents appeared to be better informed than the Councillors and the town planner. Councillors need to step up and address the issues of Commercial zoning in Glen Eira. Residents have put forward suggestions of how to change the problems occurring. Other Councils have done this. get with it and get going or get out at the next election.
November 24, 2015 at 9:56 AM
What a splendid choice to confer Mayoralty and that too unanimously supported by all that Magee be the Mayor. Magee has damaged the Councillors name (MODERATORS: rest of sentence deleted)
November 24, 2015 at 9:42 AM
The Centre Road, Bentleigh 9 storey development is classified as a major development. As per Legislation, the processing of planning permit applications for developments of this magnitude are “fast tracked” and Council’s are required to respond to developers requests in 60 days. The 60 day clock restarts each time developer’s submit, to Council, additional development information that has been sought by Council. When Councils fail to comply with the 60 day rule, the developers by pass Council altogether and do directly to VCAT (which also fast tracks developments proposals of this magnitude).
The reason given for Council doing nothing for the last 60 days was utter crap, ie. the complexities related to scheduling community consultation and Council Meetings. Same thing happened with the Alma Club in 2013 and now two years on it’s happened again and this won’t be the last one unless Council extracts it’s digit.
Here’s an idea. If the permit application process has been fast tracked then the decision making process should also be fast tracked. If residents are advised of the 60 day deadline they’ll be amenable and if Council prioritises the work within the planning department then 2 months should definitely be doable.
November 24, 2015 at 10:26 AM
so, basically, GECC have deliberately let the 60 day period expiry so that they don’t have to get their hands dirty making a decision and just push responsibility on to VCAT? How convenient for Council!!!
Now that the matter has gone to VCAT, what happens to the 150+ or so written objections? Will objectors be joined to the VCAT action, or because this is not an appeal from a council refusal, will they have to pay VCAT fees to do so? How will the state government’s amendment (for what its worth) requiring VCAT to take the number of objectors into consideration going to work in this situation?
November 24, 2015 at 10:35 AM
All very good questions! For those who do not know, here is what happened with the Alma Club application –
1. Council could have bought the land for $3m and converted it into open space. They didn’t and it was sold for just under $8m.
2. An application came in for 79 units.
3. Not decided in 60 days so the developer bypassed council and went directly to VCAT.
4. At the ensuing council meeting, councillors refused the application. See: https://gleneira.wordpress.com/2013/07/03/the-alma-club-decision/
5. Despite councillors’ rejection the law requires the planning authority to submit a ‘draft’ permit – ie what council would be happy with in order to grant a permit
6. Mediation was held. The objectors were promised (but not in writing) that Mr Bromley would not be council’s delegate at the VCAT mediation since he was the individual who wrote the report. Well, guess who showed up at the VCAT mediation?
7. By this stage, objectors had expended plenty of money, and plenty of energy and were far from satisfied with council’s ‘advocacy’ on their behalf. The developer got what he wanted.
8. With the changes in legislation, we will need to check when it comes into operation. (Objector’s Bill)
November 24, 2015 at 10:21 AM
Magee’s composition is ME MYSELF & I. Jim Carey and Jim Meeegee has one thing in common A few residents were told that the Council has already appointed a lawyer and some independent planning experts surely not Camera 📷
November 24, 2015 at 10:54 AM
The other big application was for a twelve storey in Carnegie. That one took one month for a refusal by manager. It got a permit at vcat mainly because of another 12 storey next to it and nothing in the planning scheme to stop it. Okay, so how come council can get a refusal in on time for that one and not this one. I smell a bloody big rat.
November 24, 2015 at 11:11 AM
Ultimately, Bentleigh will eat itself at this rate of development. Already, I have to admit that I have pretty much stopped visiting or shopping in Centre Rd. It is too much hassle to try and navigate traffic, building sites, crossing removal roadworks, lack of parking. (And, yes, I do walk to the shops on occasion, but I am not carrying a week’s worth of family shopping down the street. And even if I did, I run the risk of being run over by a tip truck!).
Ironically, it is far less stressful and congested to go to travel further to Malvern or Brighton, both of which are closer to the city, but where development seems to be better managed. I assume I am not alone in this.
November 24, 2015 at 3:21 PM
Wait til they get started on the rail. Stay right away then – will be murder.
November 24, 2015 at 5:44 PM
Ditto for Carnegie – too much hassle to get there traffic, construction sites and no where to park cause tradies are allowed to park all day. Plus there’s no real reason to go there because the variety of stores has disappeared and been replaced with food joints,
Much better to go to Glenferrie Road – none of the hassles and has the variety. I’d rather support my local trading centre but Council has decided I don’t have a choice anymore
November 24, 2015 at 11:37 AM
In my experience over many years planning conferences are a complete waste of time. If large developers are involved, then it is an even bigger waste of time. Applicants show up maybe 50% of the time and their arrogance because they know they’ve got it in the bag with this council is quite insufferable. The only benefit to be gained from planning conferences is all to council’s advantage. It reads wonderfully well on all their publicity blurbs when they claim to be going above and beyond what the law requires. The reality is that residents get very few concessions, if any, out of the applicant. That is by design and by structure of these evenings.
November 24, 2015 at 12:21 PM
Macca, what you say applies to dpc meetings as well. Late last year we were the only objectors and got called to a dpc meeting. There was the planning officer and 3 other officers. The planning officer read out his comments. We didn’t have anything he said in writing. He went on for about 10 minutes making it very hard to remember every point that we could have challenged. I tried to interrupt and ask a question but was told I couldn’t. We then had our say and the developer his. They went out for exactly 8 minutes and the applicant got his permit.
I am very disillusioned with the whole process. I don’t see why the officer’s report could not be given to us before the meeting unless it was to protect council planners and to stop objectors from really going through the report with a fine tooth comb and challenging it on so many areas. Listening to the officer it was all yes to the planning scheme and to rescode. The developer really did not have to say a word. It was all done for him by council.
November 24, 2015 at 6:28 PM
Officer decisions for application that go to council are only published on the Friday before the council meeting. Last night Lipshutz said they get the officer’s report about two weeks earlier. I can’t see why this can’t be made available to residents and particularly to objectors well before the Friday. People have to read it, understand it and then start lobbying councillors again over the weekend. I also don’t know why only the objector gets to see all the objections and objectors don’t. I’m pretty pissed off to with what council charges for copies of the plans. That is highway robbery. There’s nothing that this council does that is designed to make it easier for residents.