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-PrecinctMandatory maximum building height (excluding basement)
9A20 metres
9C11 metres
9E14 metres
9H32 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.