Over this last weekend, the State Government convened its Community Reference Groups ‘consultations’ over the proposed Stage 2 Activity Centre Program. As anticipated, this was nothing more than another ‘tick the box’ exercise in political gaslighting designed to evince ‘support’ for already made planning decisions.

For starters, attendees were told that they could NOT comment on anything to do with the CORE areas of the activity centres. Thus, proposed and contentious height limits were off the table. All that was open for ‘discussion’ were the nominated catchment areas. And even for these catchment areas, the focus was not on their extensive ‘upgrading’ or the evidence to support this.

Whether this state government actually listens to what was said (although unasked for) remains to be seen. But we certainly are not holding our breath for any major changes that accord with community and even council views.

As for Glen Eira, we are still awaiting its submission and its recommendations. Boroondara has published their version in a comprehensive and critical analyses. One of their main points is that a ‘one size fits all’ approach to the activity centres, as adopted by the government, is sheer folly. This point was also raised in the Glen Eira CRG over the weekend. How can you adequately plan for such diverse areas as Caulfield versus Bentleigh in terms of open space, infrastructure, sunlight in east west streets, versus north south running strips, when a one size fits all approach is adopted?

Below we feature some direct quotes from the Boroondara submission. We have included topic headings but the submission(s) also feature plenty more that we have omitted. Available at:

https://www.boroondara.vic.gov.au/media/117461/download?inline

One Size Fits All

Council remains concerned and opposed to the continued use of generic precinct typologies to determine future development outcomes and for the structuring of the BFO (Built Form Overlay) schedule in the commercial core in Ashburton.

As noted in Council’s Phase 2 submission for Stage 1 Centres, Council considers the typology approach is flawed. It misses opportunities to deliver viable, localised urban outcomes – something the Victorian Government should strive for. It is a backward looking methodology which emphasises simplification at the expense of future oriented planning to deliver a positive vision of change.

Key concerns with this approach that remain unaddressed include:

• Future character being linked to existing character rather than consideration of what role a place can play in creating a successful and highly liveable activity centre

• Multiple different future character types (land-use/programming, site response, and building envelope) being tied to or derived from and single existing typology.

• Application of precinct typologies to a single site or very small area that is not a “precinct”.

Affordable housing

The affordable housing obligation must be within the height limits proposed. Council understands that the built form controls and HCTZ are being developed as the appropriate urban design outcome to maximise capacity in these areas.

It would be disingenuous and unacceptable to use affordable housing as a pretext for further increasing controls above what has been proposed as the appropriate outcome.

While affordable housing could be integrated through lower discretionary heights with an uplift for provision of affordable housing, the risks of this are significant. The recent example of developer Assemble seeking to renege on its agreement with State Government to deliver affordability in exchange for uplift illustrates this risk. A better approach is for a mandatory affordability contribution within maximum building heights

Heritage

Consistent with Council’s previous submissions and the recommendations of the Standing Advisory Committee during the ACP Pilot, Council opposes the inclusion of heritage places within the HCTZ (both Inner and Outer Catchment). It results in tension between competing planning controls that is confusing for the community and planners, and does not provide the certainty for developers that the State Government is seeking.

Deemed to comply

Council in principle supports the concept of a simple compliance pathway for high- quality design and development but has significant concerns about how it is proposed to be implemented through the BFO.

While deemed-to-comply standards can be appropriate where they establish an acceptable base level for development outcomes the market is willing to deliver, the draft BFO schedule does not achieve this.

Council submits that several proposed standards would lock in poor and unacceptable development outcomes that Council could not regulate due to their deemed-to-comply nature.

Identified unintended outcomes demonstrate the need for rigorous, place-based testing to inform well-developed and considered deemed-to-comply standards and planning controls.

Consultation

Council notes the online survey has been improved, compared to the Stage 1 consultation, with more questions, more free text opportunities and increased character limit. However, the survey still has significant shortcomings.

Community members have highlighted the closed and leading nature of the questions. The most pertinent example of this is the question “What range of heights do you think are suitable for the core of your area?

The response options for this question, presented as height ranges with the minimum being 6-8 storeys, does not allow the community to express an opinion for anything less than 8 storeys.

For Ashburton where DTP has proposed 8 storeys, all responses can be construed as supporting the proposed heights, even if the respondent would prefer something lower.

It also does not allow respondents to express that different heights are suitable in different parts of the centre.

DTP must not use data from this question or other similarly distorting questions to ‘prove’ there is community support for the proposed planning changes. This would be deceptive and against the principles of open engagement.

Council also notes that the CRG is not a substitute for having an independent expert advisory committee review the proposed plans. It must not be misused to legitimise the process and plans while constraining the members’ ability to provide feedback and have meaningful opportunity to influence outcomes