Council’s current agenda includes the Design & Development Overlay (DDO) for Caulfield North. This follows the previous ‘consultation’ on the Built Form Frameworks for Caulfield North, Caulfield South and Bentleigh East. We have previously commented on the value of the ‘consultation’ and its drawbacks. (See: https://gleneira.blog/2021/05/12/is-this-fair-dinkum-consultation/)
There are very few changes from the originally advertised documents. So much for ‘listening’ to residents. Worth noting that the officer’s report, as is typical, fails to even make mention of the feedback, and how this has ‘influenced’ or not, council’s current version.
In summary, the DDO will:
- NOT have mandatory height limits except for the sites in a heritage overlay. The majority of the precinct will have 6 storeys discretionary. The City Plan has 5 storeys. No explanation provided in anything we’ve seen as to why these Neighbourhood Centres should be 6 AND NOT THE 5 STOREYS recommended in the City Plan.
- Overshadowing to the public domain relies only on the summer solstice – no consideration given for the winter solstice. Plus, overshadowing is said to be avoided for the most ‘active’ parts of the day. For one area this is equated to 10am to 12 pm!!!!!
- Rear laneways of 3m are deemed appropriate for egress and ingress! This means that two cars travelling in opposite directions cannot pass each other.
We’ve highlighted some of the paragraphs from the officer’s report and ask readers to consider them carefully – as this, presumably, is supposed to be the rationale and justification for the proposed DDO.
Proposed DDO12 will apply to all commercially zoned land within the centre. The introduction of these planning controls will ensure Council can regulate growth and change at an appropriate rate and manage the competing priorities of the community, and the development industry. The proposed controls are not seeking to increase the rate of development within the centre, rather they introduce standards to manage development when it does occur.
COMMENT: What does ‘appropriate rate’ mean? 100 new apartments per annum? Or 200 per annum? The use of the word ‘rate’ is a neat sleight of hand designed to avoid the conclusion that once you raise the allowable height of a building, then it becomes more tempting and profitable for a developer. It has very little to do with the ‘rate’ or presumably ‘speed’ of development which council has no control over anyway.
Mandatory controls are not considered necessary for street walls along this section of Balaclava Road and may even be to the detriment of good development outcomes (for example, preventing on-site outdoor dining terrace areas at the front of cafés). No heritage or character overlay controls affect this section of Balaclava Road and the mandatory requirement has therefore been changed to a preferred setback requirement. This will make it consistent with the Caulfield South Activity Centre DDO.
COMMENT: Since when does a mandatory street wall height prevent ‘outdoor dining terrace areas’? and how will a discretionary height which could allow a four storey wall height contribute to ‘good development outcomes’? Here are some quotes from the original Urban Design doc:
A two to three storey building height at the street is recommended for the Caulfield Park NAC, which will maintain a scale that is both compatible with existing heritage and non heritage shopfronts, and does not overwhelm the streetscape. This has been evidenced with recent developments in the NAC that provide a three storey street wall.
As for the proposition that this is fine given it is ‘consistent’ with what has already been approved for Caulfield South is not a justification. Each Neighbourhood Centre is unique, as admitted even by council. There is no demand for ‘consistency’. Instead each area should be evaluated for what it is, rather than how it can fit into the ‘one size fits all’ model so preferred by this council.
The proposed planning controls only focus on the commercial zones within the centre, a key growth area which places less pressure on our residential areas where tree retention/planting and maintaining site permeability is important.
COMMENT: if the objective is to protect the surrounding residential environment as claimed above, then perhaps council needs to explain why the Housing Strategy is advocating the removal of the mandatory garden requirement, reducing permeability, and doing nothing specific about tree retention. The entire area surrounding the commercial land is zoned GRZ, where all of the above changes will impact directly on these properties. Coupled with the impacts of these changes, we will now have a minimum of 6 storeys abutting a mandatory 3 storey zone. And that’s okay for this council.
Here’s a map of the current zoning. Please note the extent of GRZ (3 storeys) and their connection to the commercial sites.

CONCLUSION
Once again we find that council has failed to live up to its so called ‘engagement strategy’. We do not know:
- How and where community feedback influenced the final decision
- Why the heights are increased despite the approved council City Plan
- And finally, ‘consultation’ in name only given the pathetic survey questions
April 3, 2022 at 1:50 PM
Before expanding areas targeted for higher density or weakening amenity standards Council should explain past decisions that have ignored key provisions in their own Planning Scheme. How did 175 Balaclava Rd get its permit for example, when it violated so many standards? One reason for wanting height limits is precisely because nobody can trust Council/VCAT/Minister to ensure amenity standards are met. If councillors believe the interests of developers should be put ahead of the rest of the community (~160000 of us in Glen Eira, despite what the Planning Scheme says), then they should stand on that platform, not make ad hoc decisions one after the other in which failing to deliver reasonable amenity is considered acceptable because it increases developer profits.
Arguing that current or proposed controls “will ensure Council can regulate growth and change at an appropriate rate” is unadulterated garbage. The only thing that currently regulates rate of change is bureaucratic inertia, and that could be swept away by the Andrews government with a pen-stroke. So long as a developer proposes something that isn’t illegal, Council is on record as arguing that it is appropriate (although they prefer double negatives eg not inappropriate). Remember that Council has repeatedly failed to insist on compliance with standards, even going so far as to argue that 25%+ of apartments relying on borrowed light is acceptable. It allows neighbouring properties’ communal open space to be overshadowed, as well as habitable room windows. It ignores setback requirements. Does it have any plans to improve its performance?
April 4, 2022 at 9:24 AM
Nope to improvement. Why improve when you reckon you are fantastic.