We’ve received the following email from the BHCAGROUP and uploaded the VCAT decision HERE
Hi All,
I am not usually in the habit of looking back, but as we have learned of VCAT’s decision, I remember that horrible sinking feeling that we all experienced when we learnt of Calvary’s proposed 19/20-storey tower. While everyone recognised that the Bethlehem hospital site was ripe to be updated and improved, we all understood the deep impact that development on the scale proposed would have on the neighbourhood character and the direct effect on surrounding properties.
The community knew that this proposed development needed to be resisted. It was with your support – moral, practical and financial, that we, as a community, forcefully expressed our objection in this administrative VCAT process against the high-powered team of barristers and experts engaged by Calvary.
The decision issued by VCAT has not stopped the redevelopment of the Bethlehem Hospital by Calvary. It has, however, fundamentally reshaped it.
VCAT has directed the Glen Eira City Council to issue a permit for the redevelopment of Bethlehem Hospital that is now 10/11 storeys. The appearance of the buildings is more articulated with a finer grain exterior. The retirement village, aged care and ancillary uses are now more evenly spread over the site. The 90 place childcare centre has been abandoned. The inadequacy of the car parking arrangements were acknowledged and the at-grade car park on the corner of Saturn Street and Kooyong Road reserved, as a condition of the permit, as a permanent carpark, serving to somewhat alleviate the pressure on the surrounding streets.
I hate to think what might have been the outcome of the VCAT process without the local community’s engagement of strong legal representation and expert witnesses. Attending each day of the hearing demonstrated to me that this was the right approach and that our well-argued objection contributed to a revised development that is substantially reduced in scale. It also confirmed to me that had we relied solely on the promises of our elected councillors and allowed the Glen Eira City Council to prosecute our objections alone, it would have been a major folly. (our emphases)
Significantly, and notwithstanding our expertly constructed legal arguments about the application of height limits on retirement villages, VCAT determined that retirement villages are exempt from height limits, setting a new legal precedent that I am sure will be adopted by other developers throughout the suburbs of Melbourne. (Incidentally, it appears that VCAT’s decision has introduced an even bigger loophole to the planning regulations for applications made prior to the current act – time will tell what impact this has).
For those that wish to read the VCAT decision, it is attached.
As the spokesperson for the BHCA Group and the local community, and in what will be the last communication to the group, I would like to thank everyone for the energy, financial contributions and support to defend the character of our local streets and the amenity of our own properties. I am firmly of the view that without it, we could not have achieved any amendment to the original scheme.
Kind regards
Kelvin Cope
Glen Eira Debates 
May 11, 2018 at 1:09 PM
Well done Kelvin and no thanks to council
May 11, 2018 at 6:06 PM
Ditto. Great job
May 11, 2018 at 2:01 PM
The decision is fascinating both for what it covers and for what it ignores. It does at least reveal the parlous state of planning in Victoria and just how inconsistent the system that the development industry has designed for us is. So it has now been officially established that the “emerging character” for NRZ is 11 storeys, that the purposes of a zone are irrelevant, and there are no minimum standards for anything if you’re big enough.
As per the Dutch Club decision [2017/158 for application P1709/2016 and permit GE/PP-28913/2015], there is no need for the “Independent Living Units” in a “retirement village” to be occupied by people who are retired or aged [over 55 years apparently]. In its decision VCAT confirmed the apartments may be used as “conventional dwellings”. Curiously that proposal described itself as a “retirement village with 40 dwellings”.
May 11, 2018 at 2:05 PM
Good on you Kelvin (and the group) for being actively involved in community representation
May 11, 2018 at 2:22 PM
Someone called for Torres to go. I’m extending the list and adding Vorcheimer who is the lawyer council insists on using all the time at vcat. He was involved with the Caulfield Village case and lost. Now Calvary. At least two strikes that I know of on big cases. No use waiting for the third strike. Get someone else who can do the job.
May 11, 2018 at 3:56 PM
Always very concerning when someone keeps getting paid for losses
May 12, 2018 at 9:22 AM
Here, Here, bring in lawyer/s on a win or lose basis, no win no pay. Then you’ll see someone trying hard to win. No guarantees on buy-offs in either case.
May 12, 2018 at 10:03 AM
No guarantee another lawyer would win. Worth a shot though. Have to fix up the planning scheme first off and that’s where council is useless and/or unwilling.
May 12, 2018 at 10:10 AM
Kelvin Cope has done more for Glen Eira residents than the whole of the planning department would ever do. He was able to garner a huge amount of money from residents and spend it wisely by engaging a QC and expert witnesses. On the other hand the Council employed a solicitor and relied on town planners. To bad the CEO is too busy smiling at people rather than understanding her role.
May 12, 2018 at 11:14 AM
Here here for people like Kelvin Cope in Glen Eira.
The CEO is very good at smiling through.
May 12, 2018 at 1:28 PM
I’d like to add my plaudits to Mr Cope and his fellow residents. They’ve done a massive job in ameliorating the damage from some of the original plans. Whether or not it should be residents rather than councils who fight to the hilt is the question that needs answering here. Either this council is genuine in its attempts to protect residential amenity, or it isn’t. If the latter then every sent they spend of ratepayers money is criminal. Half hearted efforts that cost a fortune is unacceptable. Yes, they might have to spend more on expert witnesses and lawyers but at least the community would know that council is genuine. The way things stand now no one in their right mind would believe that Glen Eira is willing to fight and fight. The sell out to the Mrc makes this abundantly clear.
May 13, 2018 at 10:54 AM
There is so much money involved with this project do not rule out a Supreme Court appeal. The idea of having a child minding centre connected to palliative care is crazy. A measure of their greed. The carpark will be the cruncher. Calvary will see that land as a real money maker. Having it as an “at grade” carpark for ever will hurt.The Calvary people will get plenty of advice that they can win. The lawyers know that the Catholic Church and its subsidiaries have deep pockets. The lawyers never lose. The fact that VCAT highlighted car parking shows how idiotic our Council is in giving dispensation for parking in nearly every planning permit.
May 13, 2018 at 2:36 PM
Yes you are so right, our blundering bureaucrats have shot themselves in the foot so many times, they are out of bullets and they are don’t have a leg to stand on any more …… How can it come to this.
May 17, 2018 at 11:11 AM
Congratulations Kelvin on your success. Unfortunately it will be residents who have to continually fight for appropriate rather than inappropriate development. No thanks to Council who continue to pay lip service to planning matters in Glen Eira.