July 2023


If one was to rely exclusively on council’s take on the state run Community Satisfaction Survey, it would be quite easy to believe that Glen Eira is doing extremely well. (See: https://www.gleneira.vic.gov.au/about-council/our-performance/community-satisfaction-survey)

The table included in the above however is the dead give away! On every single important variable council has gone backwards since last year – and in some instances, dramatically! For example:

Overall performance has dropped from 69 to 65

Making community decisions – 62 to 57

Community consultations 60 – 57

Overall council direction – 53-50

Value for money – 65-61

Whilst it is true that in comparison to the metropolitan and state average, Glen Eira does okay, that is irrelevant when we consider that for the past decade at least, town planning, population growth and consultation has shown the largest discrepancy between the importance that people place on these categories and their perception(s) of actual performance. Glen Eira excels in regularly having a 15 to 22 point gap for these categories. So knowing all the areas that council needs to improve on for at least the past decade, we are continuing to go backwards! Put bluntly, council has achieved nothing in terms of addressing its well known shortcomings!

The following screen dumps make this absolutely clear!

And there is also this ‘warning’ –

Nothing would be clearer! Residents are fed up with poor strategic planning, lack of genuine consultation, and importantly, the lack of ‘value for money’ that their hard earned cash is wasted upon!

Presented below are the comments made by Esakoff and Zyngier on the draft Bentleigh Structure Plan at the last council meeting. Unlike the majority of those who spoke in favour of the draft, at least in these comments the ‘problems’ are clearly identified instead of resorting to generalities and spin.

If one counts the number of times that various councillors used the phrase ‘better controls’ or ‘better managed growth’ or ‘better planning’  in terms of the draft Bentleigh Structure Plan, one should conclude that the draft is god’s gift to planning acumen and a truly wonderful improvement for residents. Nothing could be further from the truth.

We do currently have interim controls via a Design & Development Overlay in Bentleigh that will not expire until December 31st, 2024. Whilst Amendment C228 changed the DDO to only include the commercial and mixed use, it begs the question of why the current draft structure plan sees fit to include some residential rezonings in its borders. Surely this flies in the face of Amendment c228? Regardless of this anomaly, the existing DDO still represents a vast improvement on what is currently proposed. It stipulates:

  • Mandatory height controls along all of Centre Road
  • Lower heights in metres for equivalent number of storeys to what is now proposed
  • Far greater setbacks than in the current draft for certain conditions

Here is what the existing DDO consists of:

Readers will see: Nothing above 5 storeys. The current version is up to 8 storeys DISCRETIONARY

To therefore argue that the current draft structure plan will provide ‘better controls’ is beyond belief. Nor is it acceptable to argue that without rear setbacks for commercial sites that are not heritage listed that abutting heritage places will be better protected – as Athanasopolous would like us to believe.

So what has changed in the space of 15 months? Why is council so gung-ho on creating strategies that are far, far worse than what currently exist? What communication has taken place between officers and the department? Were councillors ever present at these meetings, or have they been privy to any of the communications? Why aren’t such communications made public or, at the very least, a report on what has taken place in such meetings?

Even if we accept that population will increase by approx 2000 over the next 15 years, how does this justify the proposed changes? And what guarantee is there that with increased apartments there will be more affordable housing? According to the latest census results, we already have 9+% of dwellings standing vacant across the municipality. Why? Are these properties that are already too expensive? Owned by foreign investors? Land banking until prices rise by developers?

No councillor at Tuesday night’s meeting had the courage to state the bleeding obvious! Zhang went on about how wonderful it was that streets currently zoned as RGZ (4 storeys) would now be reduced to 2 storeys because they are in a heritage overlay. She of course doesn’t mention how many four storey developments already exist in these streets, nor how many sites will be ‘upgraded’ to go from 2 storeys to 3 and 4 storey heights. When these are added up, they far exceed the number of properties that have had a reduction in height! What this also reveals is that the original introduction of the residential zones in 2013 was a disaster. No area under a heritage overlay should have been zoned for 4 storeys. And neither should all those properties that lie in the flood plain (SBO overlay) been zoned for three storeys or even included in the borders of the activity centre. . Of course, this was all ignored by the ‘guru’ of planning (Akehurst) and his complicit councillors!

The machinations and inconsistencies of this planning department continue unabated. There are numerous allusions to a ‘transport and assessment’ study and potential resulting actions. This document has not been made available and we doubt that even councillors have been provided with the opportunity to clap eyes on it. So once again, councillors are forced to make decisions without having all the information at their fingertips.  The inconsistency is that for the Elsternwick structure plan, there was an accompanying traffic report. Why the difference? It simply is not good enough that residents will have all the requisite information only when the formal amendment is advertised. This approach entirely invalidates any attempt at genuine consultation. If other councils such as Port Phillip can publish all their documentation at the first stage of consultation, we see no reason why Glen Eira can’t – except of course to keep the plebs (and councillors?) as ignorant as possible until it is too late.

Much has to change in Glen Eira if this council is to live up to its stated charter of full ‘transparency’ and accountability.

PS: To put some historical perspective onto what’s been happening in Bentleigh, we’ve revisited an important VCAT decision (17th October, 2017) which granted a permit for a 7 storey development in Centre Road.

What’s fascinating about this decision, isn’t so much the outcome, but the arguments presented by the Council rep. The application was refused by council and thus ended up at VCAT. We quote verbatim what council had to say to support its refusal –

It was further put that guidelines relating to setbacks, height and amenity create further impetus to provide a more sensitive transition between the review site and the surrounding residential hinterland. Council put that Objective 5.1.2(a) of the Urban Design Guidelines seeks ‘To ensure the activity centre provides a graduated transition between different building scales and uses’. It was further put that it is Council’s view that the emphasis on the transitional role of buildings at the edge of an activity centre is greater in the Urban Design Guidelines.

·  However, Council put to us that the proposed development is inappropriate at seven storeys because of the limitations imposed on the site due to the adjoining residential hinterland, the provisions of the DDO8 and the height and scale of development on the immediately abutting land.

·  We make the observation that when assessed against broad strategic policies, the site is well located for redevelopment. However, Council put that the proposed development is in conflict with the vision of the DDO8 which establishes a preferred height of 5 storeys.

Council further submitted that the proposed development exceeds the maximum preferred height by 2 storeys and over 5 metres.

fails to perform a transitional function, which will necessarily cause a jarring impact at the edge of the Urban Village.

Source: https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2017/1656.html?context=1;query=centre%20road%20bentleigh;mask_path=au/cases/vic/VCAT

COMMENTS: So, in 2017 council was concerned about ‘transition’ – especially to the residential areas. With the draft Bentleigh Structure Plan this has gone out the window, where there is no problem with a potential 5 storey (and more if exceeding the preferred heights) of ‘transition’. How laughable! Furthermore, council’s preferred maximum height of 5 storeys has also gone out the winder by 2 storeys. That’s what ‘discretionary’ heights can produce!

Appropriate transitions remain relevant in all planning. In Glen Eira and with this draft, this no longer appears to be the case.

In August last year Cade voted against the Carnegie structure plan. She has also voted against the housing strategy but was absent for the determinative vote. On East Village she voted in favour of mandatory heights. So what has now changed? Why are we suddenly seeing a trend in Cade’s voting that largely supports the admin’s and planning department’s agenda of high rise and more and more development in our activity centres?

Cade’s voting patterns since being elected deputy mayor are very interesting. Together with Athanasopolous and Magee she voted AGAINST the refusal of a permit for an application in Grafton Street Elsternwick. Other interesting voting patterns include:

  • Cade moved the motion for the Bentleigh Structure Plan
  • She voted against reducing the height of one section in the Caulfield South Activity Centre

Admittedly she has voted against various permit applications (ie Bentleigh RSL in Huntley Road) but on all the recent major strategic planning strategies, she has been an ardent supporter – which contrasts strongly with her previous position(s) on these matters. So we have to ask: Could this possibly have anything to do with her election as deputy mayor and earning the princely sum of $59,659 PLUS 9.5% p.a for a grand total of just under $66,000? Or has she undergone some religious ‘conversion’? If so, then she needs to explain this.

Cade’s motion of support for the draft on Tuesday night, was staggering in its deception, the obvious pre-arranged Dorothy Dix questioning of Torres, and failure to disclose the full picture in so many instances – ie the sins of omission! Nor can it be seen as a genuine councillor contribution to the debate when much of Cade’s version of events mirrored precisely what appeared in the July edition of the Glen Eira News –  basically, ‘don’t blame us, it’s all the government’s fault’! This has now become council’s escape clause for their repeated failures and refusal to (1) listen to the community and (2) adhere to sound strategic planning principles that actually enhance and preserve what residents see as vital aspects of residential amenity.

Here is what Cade stated. Please listen carefully.

“The Victorian government sets the agenda………”. True, but there is still plenty of scope within planning scheme for councils to create their own strategies. Approximately 25% of all planning schemes allow councils scope to introduce what they see as necessary for their communities. That’s why heaps of other councils have had structure plans for at least the past 15 years. That’s why other councils have implemented both ESD and WSUD (environment & water) in their planning schemes. Here in Glen Eira we are still waiting for a community infrastructure levy on developers, a car parking levy, or a WSUD policy – despite all being promised in 2016. In short, there is plenty that councils can do if they have the will. Whether or not a council’s proposed strategies will be approved by the Minister down the line is irrelevant at this early stage of structure planning. The focus should be on implementing sound strategic planning in line with community aspirations and which provides overall ‘community benefit’.   There is no ‘community benefit’ in having potentially ten storey buildings overlooking single storey homes in a heritage overlay. Nor is there community benefit in flogging off council owned land for potential ‘mixed use’ development or for social housing. If council was really serious about social housing then it would not have endorsed a policy which seeks a meagre 5% of dwellings as social housing. It would have included a percentage of at least 10=20%! All of the above has nothing whatsoever to do with the government and everything to do with this administration and its lackey, pro-development councillors!

Cade’s question to Torres repeats past practice on the Carnegie/Bentleigh structure plans of several years ago. What happens if the draft isn’t passed Cade asks? Torres’ response once again resorts to straight out fear-mongering when he says: ‘If tonight’s recommendation did not get supported, our structure planning process for Bentleigh would not proceed’!!!!!!!!!! Why not? Why can’t improvements be made, or does council believe everything it sets out is perfect? There is nothing that stops a council from revisiting its drafts (as has happened previously) and ensuring that it is as sound and strategically justified as possible. Furthermore, the issue is not about abandoning the draft. Those councillors who voted against it simply wanted improvement and implied that this was not up to scratch. Given that council still has 18 months to get it right, the suggestion that everything will lapse or be abandoned is outrageous. Nor is it a valid argument to say that the community wants structure plans for ‘better controls’ and so council is providing structure plans. This of course ignores the central question as to whether the final plans do in fact offer ‘better controls’.

Torres then goes even further with the statement that if the motion fails, then the Minister could ‘quite possibly remove those (interim) controls’ from Bentleigh. Fear mongering at its best!!!!! And without a shred to evidence to support this claim. We know of no other instance in planning history where a minister has removed existing interim DDO’s in their entirety prior to the date nominated.

Cade then goes on to a supposed explanation as to why the draft hasn’t included the recommendations of the government’s Urban Design Guidelines. She says that the guidelines are a ‘background document’ and therefore aren’t in the planning scheme – so presumably council can ignore them is the implication. What is not stated is that STRUCTURE PLANS are also considered as background documents and are NOT IN PLANNING SCHEMES either!!!!!!! What does get into planning schemes are the amendments which introduce the Design & Development Overlays. In Glen Eira all of the most important strategic plans are ‘background documents’ –ie East Village structure plan; City PLan, Activity Centre plans; Urban Design Guidelines, etc.

Finally, Cade states that ‘I am not going to talk about building heights and setbacks’ or ‘parking’ because ‘I am sure my fellow councillors will address’ these issues. Really? How on earth can you move a motion to support a structure plan without even mentioning the most important aspects of it, and the most contentious? If you support something, then the onus should be on providing evidence as to why potentially 10 storey developments are appropriate, or why a 5 metre setback (discretionary) is okay when other councils have managed 6 metre setbacks in their major activity centres?  But we guess it is easy to ignore the contentious issues and to simple promulgate more propaganda about everything being in the state’s control!

Cade’s conclusion is equally bizarre when she claims to want to hear from other councillors not only on what they like or dislike about the plan, but what they would ‘propose’ as an ‘alternative’. This is completely out of order since the possibility of an ‘alternative’ motion has already been rejected by Magee. Councillors are debating the motion as it stands and NOT what might be a feasible ‘alternative’.

Cade’s sudden ‘conversion’ is a concern. She is also doing the community a major disservice by simply regurgitating officer reports and presumably being complicit in staged Dorothy Dix questioning of officers only to provide them with the opportunity to further the set agenda. We remind her and our readers that stage managed debates are the antithesis of ‘robust’ discussion and serving the community with original thinking!

The following audio is taken from last night’s council meeting where once again the council was split in voting 5 to 4 to send the draft structure plan out for consultation. There were many criticisms of the current draft, plus some fear mongering from certain councillors and the administration. The final vote was – AGAINST: Esakoff, Szmood, Zyngier, Pennicuik. Those who voted FOR were: Cade, Zhang, Athanasopolous, Magee and Parasol. We note that not for the first time, Parasol did not utter a word as to the reasoning behind his vote. He simply put up his hand.

Here is what one resident had to say about the draft and its unbelievable shortcomings:

We will comment more fully on what transpired in discussion on this item in the days ahead.

PS: In the above audio, Torres tried to negate the potential for a ten storey development by referring to the ‘setbacks’. What he doesn’t state is that rear setbacks for commercial dwellings backing on to heritage areas are NOT MANDATORY. They are DISCRETIONARY – and we all know how little control DISCRETIONARY provides!