PS: We’ve done some double checking. According to the Minister for Planning’s Amendment VC104 and dated 22/8/2013 the maximum height limit in the NRZ is 8 metres if there is no height limit in the associated schedule. On the very next day, council’s Amendment 110 was gazetted. There were mandatory height limits in the schedules for the General Residential Zone (10.5m) and for the Residential Growth Zone (13.5m). Council relied on VC104 for its continuous claims about ‘introducing mandatory heights for all residential land’. Strictly speaking this claim, made time and time again, was and is untrue. The Mixed Use Zoning (considered ‘residential’) did not have height limits imposed – and neither did the schedule to the NRZ. On 23rd March Wynne gazetted his VC110 which has the effect of over-riding VC104 and the height limit there is 9 metres. Thus Glen Eira is now stuck with a 9 metre height limit in its NRZ and even higher if the land slopes. Readers should also note that Wynne has carefully refused to consider ‘basements’ as part of the 2 storey limit and allows basements to protrude up to 1.5 metres above ground level. This has the potential to therefore yield a three storey dwelling in the NRZ!


Two incredible officer reports feature in the agenda for Tuesday night. Both are examples of what lies in store as a result of Wynne’s VC110 and the removal of a 2 dwelling maximum for the Neighbourhood Residential Zones. The applications are for 2 Newman Avenue and 3 Rigby Avenue, both in Carnegie and practically abutting each other. The officer recommendations are to grant permits for both with some minor tinkering on conditions.

The details of the applications are:

Rigby Avenue – 4 double storey, 1 single storey

Newman Avenue – 4 double storey, 1 single storey

What is literally astounding about these reports is the failure to even mention Wynne’s VC110 and its ‘requirement’ for the mandatory ‘garden area’. Instead, the reports focus exclusively on the existing planning scheme where large allotments MAY be considered for more than 2 dwellings per lot.

So, if council is determining applications based on its CURRENT PLANNING SCHEME, then the following is unlawful, devious, and inaccurate! BOTH applications exceed the current 8 metre mandatory height limit. VC110 specifically stated that if councils have different heights included in their schedules, then the schedules apply – at least for the next 3 years! Here is a screen dump of the legislation. Please note: ‘must’ and the fact that Glen Eira does have a schedule!

Instead of honouring its own planning scheme, these reports state –

Rigby Avenue – The maximum overall height (at 8.4m) is well within the 9m height limit of the zone.

Newman Avenue – The maximum overall height (at 8.8m) is within the 9m height limit of the zone. There appears to be a minor encroachment to the apex of the roof, which can be addressed by conditions.

Adding salt to the wounds for the Newman Avenue application is the recommendation to waive one car parking spot with this nonsense – The requirement for one visitor car space is proposed to be waived. This is considered reasonable given there will be one on-street car space maintained at the front of the site. 

There are plenty of other dispensations provided that reveal the inconsistency of this council’s application of its own planning scheme. More to the point, we find it reprehensible that a report can be written which deliberately includes false and misleading information!