Glen Eira Debates

Council is proposing a new Local Law designed to protect not only SIGNIFICANT trees, but also canopy trees on private property which qualify under height and width criteria. This is certainly an improvement and should protect more existing trees. However, how many existing canopy trees will actually be covered by the proposal(s) depends to a large extent on how well the upcoming Local Law is written and what is its true intent. What also needs to be considered is to what extent all decisions will be fully transparent and who will make these decisions. Will it be left entirely in the hands of officers, or will councillors have the final say as in numerous other councils on which permit applications are granted or refused?

The officer’s report includes the following paragraphs on this last point:

The above is very ambiguous. We are told that officers will presumably undertake the initial assessment when there has been a permit application, and this is fair enough. The final paragraph however clearly states that there will be an ‘internal review process’ but only for those applicants who have requested a review. Thus, if a permit has been granted, then there is no need for a review! Officer’s will have made the decision and that’s the end of it with no councillor involvement, or no objection rights by anyone it would seem.

The paragraph continues that a report will be prepared but this is dependent on whether or not the applicant has chosen to seek a review as stated previously. What remains unclear is whether the officer report will also cover applications that have been granted a permit ‘internally’ and whether the tabled report is there simply for ‘noting’ or for councillors to make actual decisions? Even with the existing significant Tree register local law, councillors are sidelined and all decisions are made by officers. There is therefore no transparency and no accountability for decision making. We suspect that the proposed new law will be the same. Surely the onus on council is to clear up any ambiguity  and to ensure residents that trees will be fully protected.

There are other issues with the proposals as well. Here is our take on these:

Clause 2(b)of the proposed Local Law states that a permit is required to prune or direct, authorise or allow to be pruned a Classified Tree or a Canopy. But we then get the ‘exemption’ that this clause does not apply if Council is notified within five (5) working days of the commencement of the pruning.

 This may sound quite innocuous, but it has major repercussions. Why the 5 days grace? Most pruning would be concluded well within 5 days. If an applicant then calls council and says ‘I’ve pruned my tree’ what evidence exists that the pruning was in accordance with the 10% maximum reduction of canopy allowed? What evidence do we have that the branches were less than 10cm in width?

Bayside, by contrast, has processes that would ensure the pruning is done legally. They insist on:

• Photos taken BEFORE and AFTER
• That the work be done by a qualified arborist
• That the arborist has to sign off by certifying the work done.

NONE of the above applies in Glen Eira!!! This leaves a huge loop hole that can easily be taken advantage of.

Compounding the problem we then get this additional clause regarding pruning:

Subclause (2)(b) does not apply to pruning, which is carried out to the following specifications—

(a) up to a maximum of 10% of the Classified Tree’s or Canopy Tree’s total volume within 12 calendar Months

We assume that this means there can be numerous episodes of lopping throughout a 12 month period. But given that no permit is required we again lack evidence that only 10% has been lopped? Nor are we told whether or not each lopping requires council to be notified – even within the 5 day period.

One other change to the current Local Law is also worth commenting upon. Please read the following carefully:

Questions abound. Consider this scenario – No permit has been applied for. A neighbour complains to council  that a large canopy tree is being removed next door. According to the current Local Law, the property could be entered by a council officer and inspected. With the proposed new law, this could only happen if the owner of the tree has ALREADY APPLIED FOR A PERMIT. If he/she hasn’t, then they the new law does not provide them with the power to investigate and potentially call a halt to the tree removal!

CONCLUSION

Whilst these proposed changes are definitely an improvement and an attempt to protect our existing canopy trees, they simply do not go far enough. We fully accept that there may be situations where a tree presents a major health risk due to storms, etc and should be lopped/removed in the name of safety. But, there are far too many loopholes in the proposed new law that can be exploited. All that is required is that clauses such as Bayside and other councils have is included and that the essential role of monitoring evaluations occurs by councillors. What role councillors will play needs to be spelt out clearly. This has not been done.

Leaving everything in the hands of officers does not engender full transparency and accountability in decision making. Bayside for example also publishes on a regular basis a list of permits granted for the removal of trees. There is nothing in this proposed law which will ensure that decisions on whether to refuse or grant a permit will ultimately be made in the full council chamber so that all residents can see and listen to the evidence.

ONE FINAL POINT. All of the above of course is dependent on whether a planning permit for the site has been granted. The permit could and often does include permission to remove existing trees. Given that planning permits are largely decided by officers and that at least 15 objections are required before the application can go to council, this again places enormous power in the hands of officers.

The following post appeared recently announcing Magee’s decision not to stand for the 2024 council elections. See: https://www.linkedin.com/feed/update/urn:li:activity:7163721229558800384/

We have copied the post below –

After almost 16 wonderful years as Councillor for Tucker Ward in the City of Glen Eira, I have decided not to contest the 2024 local government election.

Those who know me will know that I have always been a great believer in renewal. In any democracy, it’s important to have new faces representing the rich diversity of their communities. Now is the time for someone new to take on this important role. I will remain a Councillor until the next election in October.

It has been an absolute honour and privilege to represent the people of Tucker ward, as well as to serve as Mayor for three terms and Deputy Mayor for two terms.

I am and always will be a fierce advocate for local government. Councils are the closest level of government to the people. While we have the smallest budgets,3% off all taxes are collected by councils we are responsible for one thread off our country’s infrastructure, we arguably have the greatest responsibility to provide services and infrastructure which meaningfully touch everyday lives in our communities. We build community wellbeing and social cohesion, plan for the future, and build and maintain billions of dollars of infrastructure for our communities.

We responded to real and emerging challenges — confronting the long-term sustainability of the councils, shrinking revenue, increasing cost shifting from other levels of government, and rising community expectations. These conversations have a long way to go, but I am proud to have helped to spark them.

To have represented a City as liveable, welcoming and diverse Glen Eira — working alongside many other incredible Councillors — has been a privilege I will never forget. Every day, I worked to do what I could to make Glen Eira an even better place to live, work, study and play.

Thank you to the people of Tucker Ward for this incredible honour. Thank you to the many Councillors and officers who have supported me and my work. And thank you most of all to my wife Claire, and sons Daniel and Joe for your love and support. I couldn’t have done it without you.

I am looking forward to the next chapter and exploring what the future holds.

The government has gazetted the changes to council wards for numerous municipalities today. Glen Eira will now have 9 wards and one councillor for each ward. What this means for future candidates is the $64 question.

Below is the map which outlines the new wards and their boundaries. CLICK TO ENLARGE!

Tuesday’s council agenda features the latest version of the Housing Strategy. Readers will remember that there was a huge outcry surrounding the proposal that all GRZ sites would have the mandatory garden requirement removed. On a positive note, this idea has now been abandoned!!!!!

Readers should also remember the persistent claims that council is fully committed to improving landscaping, increasing tree canopy across all of Glen Eira, and implementing the Urban Forest Strategy. The claim then was that with the removal of the mandatory garden requirement this would ensure better landscaping opportunities. So what has council done now to ensure that our tree canopy increases and all principles behind climate change and the growth of the Urban Forest is well on track?

Included below are the pages from the agenda (p144-145) which outline all the new landscaping proposals. The writing in red (and crossed out) shows what is currently in the planning scheme and the green notations are the new recommendations.

Please notice the following:

• The stated objective on page 144 is to: To strengthen landscape character across Glen Eira. If this is the case, then why are we told that apartments are ‘excluded’!!!!!! Surely apartments, and all GRZ and RGZ areas which would feature apartments are equally part of Glen Eira and deserve some decent landscaping?
• Gone entirely is the following from the planning scheme: The provision of a minimum of one 8 metre high canopy tree for every 8 metres of the front boundary. There is also the requirement for canopy trees in rear setbacks as stated with the following: The provision of a minimum of one 6 metre high canopy tree for every 8 metres of rear boundary in the Neighbourhood Residential Zone and the General Residential Zone. However, the resulting new schedules to the NRZ and GRZ zoning completely alter the above standards. All that we now get are these miniscule requirements –

FOR SOME SITES ZONED NRZ the schedules state:

Retain or provide canopy cover equivalent to at least 22 per cent of the site area, including at least one medium canopy tree within the front setback with a minimum mature height equal to the height of the roof OR THE EVEN WORSE ‘STANDARD’ OF – In addition to the requirements of B13, retain or provide at least one medium canopy tree within the front setback.

 FOR THE GRZ AND RGZ ZONING ALL WE GET IS – In addition to the requirements of B13, retain or provide at least one canopy tree within the front setback

Please note that NO MENTION IS MADE OF REAR GARDEN REQUIREMENTS!!!!! Furthermore,  given the reduction of both front, and rear setbacks in some of the proposed schedules, the end result can only be a further deterioration of our tree canopy and the sabotage of all council climate change policies.

Instead of using this opportunity to increase permeability in the GRZ, or at least maintain RESCODE street setbacks, council has forgotten all its promises, its policies, and its commitment to genuine climate change strategies. In short, this new version of the Housing Strategy, is nothing more than a return to the future in that single zoning and their schedules cover all GRZ and RGZ zones whilst others in the NRZ have increased site coverage, and a reduction in their current permeability requirements. In short, we are going backwards in order to cram as many new dwellings into Glen Eira as possible, and regardless of whether or not we need this development!