Glen Eira Debates

At last week’s council meeting councillors unanimously resolved to seek ministerial approval to advertise the Caulfield Major Activity Centre amendment. To refresh our memory here is some of the history surrounding this issue:

• The final structure plan was decided in September 2022 and scraped through on the casting vote of Magee – as has happened with several other major structure plans. Those voting against the plan were Esakoff, Zyngier, Pennicuik and Szmood. Concerns included the proposed heights, the activity centre zoning, parking, etc. The final resolution accepted: one 20 storey height and other precincts ranging up to 12 storeys. All heights were discretionary with none cited as mandatory.
• 8 storey preferred height above heritage in Derby Road
• The accompanying background document from the first version of the structure plan by Charter, Keck and Kramer stated that the various precincts would house 8700 new residents and that the vast majority of new dwellings would consist of 1 and 2 bedroom apartments.

So what has changed to have the four previously opposing councillors now voting unanimously for the draft proposals? Nothing we believe has really changed and the proposed schedule to the new Activity Centre zone falls far short of dealing with the concerns of both residents and the four councillors previously named.

If we examine the schedule closely we find:

• A paltry 5% for every 20 dwellings to be social/affordable housing. When you are anticipating around 4000+ net new dwelling that makes it only 200 of these residences. Pathetic – especially when we are told time and again how lacking in social/affordable housing this municipality is.
• No mention of overshadowing and sunlight requirements for open space and/or surrounding properties.
• Reduction in car parking requirements
• No consideration of the impact on existing and proposed new open space with the substantial mooted increase in population.
• Review rights ONLY if the nominated heights and/or setbacks are exceeded in upcoming proposals. Even this is not across the board but only for specific precincts. It basically means that the proposed heights are now a given. Furthermore development plans only have to be advertised ‘for public comment’ and council is required to consider them rather than allow formal objections.
• The schedule repeatedly mentions ‘diversity’ of dwellings, yet we know that the forecast is for over 90% to be single and 2 bedroom high rise apartments.
• No mandatory height limit or setback requirements
• As with everything this council does we have the magical get out of jail phrase of ‘where appropriate’ added to the objectives for decent landscaping and parking.The sentence which best sums up this nonsense is: To encourage the retention and enhancement of existing mature vegetation where appropriate.
• Once again we find the phrase ‘generally in accordance’ with any future development plan. As we’ve seen with Caulfield Village this isn’t worth the paper it’s written on given that the Incorporated Plan nominated 1100 net new dwellings. Once finished Caulfield Village will exceed 2000! It is carte blanche once again for the MRC when we find the following sentence included in the schedule – Where there is an inconsistency between a provision of this schedule and the development plan, the provisions of the development plan prevail.

Activity Centre Zones (ACZ)

This is the first ACZ zone to be introduced into Glen Eira. It is therefore important to understand and compare what other councils have achieved with similar zoning. Below we feature the gazetted (ie approved) schedules that other councils have achieved in the past 20 months. We quote verbatim from the various schedules and simply ask – why don’t these conditions also apply in Glen Eira?

BANYULE – amendment C162 November 2022

Overshadowing and Pedestrian Amenity

Development should be designed to avoid casting shadows on the defined Solar Access Area shown on the Framework Plan and Precinct Plans for Precincts 1 and 3. Generally, buildings should not overshadow the footpath on the south side of this part of the Main Street between 11am and 2pm on 22 June.

Development should be designed to avoid casting shadows on the Town Square as shown on the Framework Plan and Precinct Plans for Precincts 1 and 3 between 11am and 2pm on 22 June.

DAREBIN – Amendment C182 – August 2023

The agreement must provide for an Affordable Housing Contribution defined as:

1. The transfer of land that has the demonstrated capacity to support the development of 10 per cent of the site’s total residential yield as affordable housing dwellings, to a registered housing agency at nil consideration for the Agency to develop and rent and/or sell completed dwellings to eligible households. An average 65 square metres /unit is proposed to be used to calculate the amount of land to be provided; or 2. 6 per cent of dwellings provided at 30 per cent discount to a registered housing agency;

Street wall height requirements

Street wall heights must not exceed the maximum measurements specified in clause 5.0 of this schedule

Overshadowing requirements for public open space

Development must not overshadow:

– more than 50 per cent of the primary public open space within the precinct between the hours of 11am and 2pm on 21 June.

– Any part of the Preston City Oval (playing surface and surrounding open spaces) between the hours of 11am and 2pm on 21 June.

– Areas of the public open space north of the Preston City Oval playing surface to the southern edge of the inner footpath and south side of Cramer Street (including the barbeque/picnic area in the north-eastern corner) between the hours of 11am and 2pm on 21 June

Moonee Valley – Amendment c207 – January 2022

Built form above the street wall height must cast no additional overshadowing between 11am and 2pm on September 22 to open spaces and streets identified with a spring equinox solar control on relevant precinct maps. The spring equinox solar controls apply to the length of the southern footpath on Holmes Road, Puckle Street and Alexandra Avenue, measured from the property boundary to the existing kerb. A permit cannot be granted to vary this requirement.

Built form above the street wall height must cast no additional overshadowing between 11am and 2pm on June 21 to open spaces identified with a winter solstice solar control on relevant precinct maps. A permit cannot be granted to vary this requirement.

A permit cannot be granted for buildings and works which exceed the maximum building height specified in Table 1.

Table 1 – Mandatory building heights
Sub-Precinct	Mandatory maximum building height (excluding basement)
9A	20 metres
9C	11 metres
9E	14 metres
9H	32 metres

Geelong – Amendment C431 – March 2023

Table 8. Mandatory overshadowing requirements for existing and proposed public open space and the proposed Geelong Station Forecourt.

Austin Park

Johnstone Park

Customs Park

Transvaal Square

Steampacket Gardens

No additional overshadowing. 10am-3pm 22 June

Proposed open space

Proposed Geelong Station Forecourt

No additional overshadowing beyond a shadow that would be cast by a wall on a boundary of not more than 8 metres. 10am-3pm 22 June

Conclusion

So we now wait for the formal consent to advertise this draft. It will head off to a planning panel where the chances of residents’ concerns being addressed and ameliorated will be minimal. That is what invariably happens once structure plans scrape through by the skin of their teeth and councillors permit sub-standard planning to end up at planning panels. This whole exercise is merely another example of how little Glen Eira council is prepared to say ‘no’ to anything associated with the Melbourne Racing Club.

Glen Eira clearly makes up its own rules as it goes along, regardless of whether or not these rules are in accordance with its adopted policies and governance rules and which are still current. Recent meetings provide us with conclusive evidence of these machinations.  We refer to public participation and written questions to council.

Public Participation

Out of nowhere we are now being informed that residents in the public participation section of a council meeting have only 3 minutes in which to address council. Also, that the time allotted will be no longer than 15 minutes. Why? When was this decision made? And by whom? Most importantly, this new ‘law/policy’ is NOT IN ACCORD with the existing (2020) policy that clearly states at clause B(15) –

Members of the public addressing the Ordinary council Meeting are permitted to speak for a maximum of five (5) minutes (unless granted an extension of time by the Chairperson)

At last week’s council meeting one resident politely asked if he could have a 15 second extension. This was refused by Cade. Please listen carefully to this audio –

Neither the current guidelines nor the Local Law state the duration of public participation or the public question sections. Yet throughout most of this year we are told that they will last 15 minutes only. It’s important to note that the so called ‘guidelines’ which determine procedures have NOT BEEN AMENDED at the time of writing.

Public Questions

When compared to other councils we again fall short. Here’s what they do:

Monash – Public question time is limited to 30 minutes, unless otherwise resolved by Council.

Darebin – Public Question Time will not exceed 30 minutes in duration unless extended by resolution of Council through a procedural motion, in which case, it may only be extended for one (1) period of up to 30 minutes.

Merribek – The time provided for questions of Council and community statements will not exceed 30 minutes in duration, unless by resolution of Council, in which case, the time may be extended for one period of up to 30 minutes.

Boroondara – The time allocation of 15 minutes may be extended by resolution of Council.

Hobson’s Bay – Twenty minutes will be allocated in the agenda for Public Question Time. However, the Chairperson may vary the time allocated depending on the business to be considered at the meeting. No resolution of Council is required to extend Public Question Time.

Maribyrnong – Public question time will not exceed 15 minutes in duration unless the Councillors present unanimously agree to the time extension, in which case Public Question Time can be extended for further blocks of 15 minutes.

We certainly accept that when a contentious issue arises, there may be numerous residents who wish to address council meetings or submit a public question. Given the length of some agendas, it may therefore not be possible to allow everyone to speak or to answer all the public questions. But we would also argue, that if an issue is so contentious and/or divisive, that it has caused a massive public response, then the onus is on council to provide as much time as possible for councillors to listen to their constituents. Councillors must be provided with the right to extend both public participation times and public question times. Otherwise the perception remains that all council is doing is attempting to limit as much as possible resident voices.

All of the above is important because the draft governance rules and the associated policies are now out for public consultation. They basically seek to legally cement what has been happening this year, and hence are unacceptable.

Unlike other councils, Glen Eira’s governance rules in regard to public participation and public questions are basically bereft of important detail. What becomes the ruling factor are the so called ‘policies’. Whilst neighbouring councils itemise all aspects and procedures, Glen Eira relies primarily on the policies. Why? We believe that this action is designed to side-step the need for public consultation which a formal amendment requires as part of Local Law procedures. It also allows council to tinker repeatedly with these policies as they see fit. This is not sound governance and certainly not in the public interest.

The latest drafts for public participation and for public questions specify a 15 minute time limit. They do not provide any time duration for a resident addressing council in the public participation format. Everything is left open to the ‘discretion’ of the Chairperson (ie mayor). Nor are we told whether residents must be present in chamber for their question to be read out and answered as stipulated in the 2020 changes.

These above points are important because council has always operated on the principle that if it isn’t in the ‘rules’ then we don’t have to do it! Or conversely, because it isn’t in the rules, we can do it! One should expect that something as important as governance rules be spelt out to the nth degree. Not only do these new proposed rules represent a deterioration in governance at Glen Eira, they also further sideline councillors and residents.   

We have to question what is really happening with consultation in Glen Eira. Residents and councillors are literally snowed under with a plethora of current consultations. After tonight’s council meeting there will be seven issues that are currently open for input/submissions. Very soon, another 2 important planning items will be added – the Bentleigh and Elsternwick structure plans.

Questions abound! Why so many, why now, and how vital are they all at this point in time? And most importantly, what impact does a deluge of consultations have on community feedback and on councillors themselves? Was it really necessary that we now have a consultation on gambling, or even the economic plan? Considering that the budget will be discussed tonight, then surely this should precede an ‘economic plan’ so that the budget would set the parameters.

It is asking a lot for residents to partake in any meaningful manner on these consultations. Admittedly, not every issue will be of concern to all residents. Some may be interested in the annual budget, and not in gambling policy. People will pick and choose and decide if they have the time and energy to provide feedback. Glen Eira will of course continue the rhetoric that it cares about consultation and consults regularly. Over the years however, feedback on many of these consultations have been extremely poor – apart from the really contentious issues such as the Inkerman bike path, or the Queen’s Avenue cycling path. Yet, council has never really investigated why there has been a low feedback rate, and nor have they come up with any answers.

If there is simply apathy, then it is incumbent on council to explore why. Could it possibly be that once bitten twice shy?  When people have taken the time to provide feedback and then discover that nothing they have said has been responded to or even listed in summary reports they give up and believe that council simply doesn’t listen or act upon their suggestions? This would be enough to put anyone off from trying again! A truly responsive council is one that monitors and investigates the results of all its consultations. We don’t believe this is happening in Glen Eira!

 We have long advocated for the following to occur:

• A short succinct summary of proposals that don’t require residents to plough through hundreds of pages (mostly of spin) prior to submitting their feedback
• Surveys that are deliberately open ended instead of question upon question that is geared to garner the required response.
• The involvement of councillors and the consultation committee in vetting questions and processes prior to consultation

In the next month or so residents and councillors will be confronted with up to 9 consultations occurring simultaneously. That is nothing but a recipe for disaster! But is this what council really wants?