Front page of today’s Caulfield Leader by Jenny Ling:

Call to reject Caulfield East plan

OUTRAGED residents are urging the council and State Government to reject a 147-page report recommending the Melbourne Racing Club’s Caulfield Village plan should go ahead.  

The report comes after six days of public hearings before an independent panel in May about the multi-million dollar high-rise development in Caulfield East.  

The plan calls for up to 1200 units and 35,000sq m of commercial, offices and shops around Caulfield Racecourse. Three buildings would be up to 15 storeys. The report found:  

TRAFFIC congestion in the area is not dissimilar to many in metropolitan Melbourne  

THE MRC can sufficiently accommodate demand for parking  

THE MRC and the council need to ensure infrastructure associated with the development is provided for; and  

THE council pursue improved on and off-street parking with the MRC for events at the racecourse.  

The report says: ‘‘The panel is satisfied that considerable strategic work has been undertaken for this site . . . the subject land should be redeveloped’’. But resident Peter Brohier said it was ‘‘a gross missed opportunity’’. ‘‘I would urge the council and State Government not to follow the panel’s recommendations,’’ Mr Brohier said. ‘‘It will not maximise the area’s economic potential for all stakeholders.’’  

Resident Lee Perring said she was disappointed with the report.  ‘‘Living in the area and seeing the parking . . . it’s going to cause unmitigated hell,’’ she said.  

Mayor Steven Tang said he was pleased the panel had noted key concerns with parking and traffic.  

Council officers will now prepare another report recommending it be adopted with or without changes – or be abandoned completely.  

AND HERE’S WHAT THEY ALL SAID:

BRIAN DISCOMBE, MRC -“Caulfield Village will provide long term sustainability for the club and provide a wide range of options for living , employment, shopping and relaxation. It will bring significant investment into Caulfield.”

STEVEN TANG, MAYOR – “The development could contribute positively to the Glen Eira community but still presents a number of challenges. Car parking, traffic and open space provision represent significant hurdles for the development.”

DUNCAN ELLIOTT, VIC ROADS – “The development has the potential to allow the community to better access public transport services which support activity within the precinct and become a convenient source of parking for communters and university students.”

PETER BROHIER, RESIDENT – “It’s time the council and State Government accepted that panel findings within guidelines may not best serve the public interest. In this case they will not maximise the area’s economic potential for all stakeholders.”

AND A LETTER TO THE EDITOR –

Tail Wagging the Dog
 
Glen Eira Council’s recent Rosstown Ward meeting about level crossings was diabolical. The Department of Transport representative confirmed there was no money and no substantive plan for grade separations for the Carnegie/Murumeena/Glen Huntly areas.
Mayor Steven Tang tacitly acknowledged that council policies (aided by VCAT) were responsible for the mess, but had no money to fix the situation. In response to critical comments he reaffirmed the council’s intention to promote development without the infrastructure to support dense living.
And senior council officers believe Carnegie should be more like New York. You have been warned.
Richard Smith

 

The Caulfield (Village) Racecourse Panel Report is a lengthy document of 147 pages. It makes for incredible reading. The undoubted highlights are:

  • Removal of much third party (and hence resident) objection rights
  • High density development of at least 8 storeys
  • Traffic congestion
  • Loss of public open space
  • Impact on retailing and businesses throughout neighbouring commercial centres
  • The abject failure of Council to adequately prepare and present on behalf of residents

Rather than include an extremely lengthy post here, we have uploaded a copy of selected quotes from the Report. The quotes are organised under specific categories such as ‘purpose’, ‘density’, ‘open space’, etc., so readers may go directly to the issues that interest them.

We have also BOLDED many sections that we believe are vital in grasping the overall impact that this report is likely to have on the community. We have already commented on the fact that the MRC and Monash were represented by Senior Cousels, and consultant ‘experts’ in stark contrast to council’s meagre performance. This failure to present a plausible case is also bolded where appropriate.

Finally, the document will be permanently available by clicking the link on the left hand side of the webpage, under the title ‘C60 Planning Report’ or the following: https://gleneira.blog/wp-content/uploads/2010/08/c60-panel-report-revised-1.doc

 We urge all readers to go through this carefully and to express their views.

Lipshutz in his tirade again Whiteside claimed:

“all Councillors without exception and whether or not agreeing with each other have concentrated on the issues and have not allowed any personal differences to impinge upon their work as Councillors. This is clearly reflected in the voting pattern inasmuch as there is no voting pattern.

‘No voting pattern’ – you’ve got to be kidding. Residents have been repeatedly told that councillors engage in ‘robust’ and ‘vigorous’ debate. Pity is, that this does not occur in the Council chambers – only behind the veil of secrecy of councillor briefings. Councillor briefing meetings are meant to ‘inform’, not to orchestrate voting patterns that will later be performed for the gallery in the council chambers.

As evidence of the above, we ask readers to consider the following table. We have gone through the minutes of every council meeting since the election of the current crop of councillors and added up the number of resolutions put to the vote, and the actual number that were passed unanimously. The results are staggering – just on 90% of resolutions/recommendations have been passed unanimously. The vast majority that were merely ‘carried’, involved planning applications. Even here, the ‘carried’ vote overwhelmingly supported the officer recommendations. Paltry amendments came into play only when there were plenty of objectors!

The stuff that really mattered, such as major policies, and shoddy/misleading reports by council officers, were to an incredible degree accepted fully and generally without amendment. The last council meeting which was jam packed with important strategies that will determine future directions were all passed unanimously with some innocuous amendments such as ‘advocating’ to state and federal governments.

Please note that in the numbers provided we did not count such votes as leave of absence, confirmation of previous minutes, etc. 

The table is a sad indictment on the gross failure of Glen Eira Council to conduct itself with integrity. Add to the table the even more startling fact that most votes are taken with little or no debate, then the whole governance process reeks with repetitive breaches, over an extended period of time, of the provisions of the Local Government Act for open, transparent, and honest conduct of Council meetings. Clearly the whole council should be sacked.

Dateof Council Meeting No. ofResolutions for each meeting No. of resolutionspassed

UNANIMOUSLY

9th December 2008 2 2
16th December 2008 23 23
3rd February 2009 13 12
24th February 2009 22 19
17th March 2009 19 16
7th April, 2009 18 17
30th April 2009 10 9
12 May 2 2
19th May 2009 13 12
9th June 2009 17 13
30th June 2009 26 24
21st July 2009 19 18
11th August 2009 8 7
1st September 2009 21 20
22nd September 2009 14 13
13th October 2009 19 15
4th November 2009 19 19
24th November 2009 21 18
15 December 2009 25 22
2nd February 2010 13 12
23rd February 2010 12 10
16th March 2010 8 6
17th March 2010 1 1
7th April 2010 9 9
27th April 2010 13 11
17th May 2010 19 17
8th June 2010 16 14
22nd June 2010 1 1
29th June 2010 23 20 (and one lost motion)
20th July 2010 17 12
10th August 2010 18 18
     
TOTAL 461 412 EQUALS 89.37%
     

From Sunday’s Age newspaper:

Anger as racing club plan gets nod 

Mark Russell

August 15, 2010

A CONTROVERSIAL $750 million residential, retail and business village proposed for land next to Caulfield Racecourse is a step closer after a government-appointed panel of independent planning experts ruled in its favour, despite fears it would create traffic chaos.

The three-member panel backed Melbourne Racing Club’s plans to redevelop land north of the racecourse, sparking claims they ignored residents’ concerns about congestion, loss of parking space on race days and the height of buildings, three of which would be up to 15 storeys.

The proposal includes up to 1200 units to house 2000 people, 20,000 square metres of office space and 15,000 square metres of retail space. Under the plans, about 1400 off-street car spaces used by racegoers would be lost.

But the club says the high-density residential development between Station Street and Normanby Road near the railway station fits neatly with the state government’s planning blueprint, Melbourne 2030. It claims the village will generate 3500 jobs during the seven-to-eight year construction period.

But residents fear it will create traffic chaos and further squeeze public transport services, given the government’s decision to fast-track the $350 million Monash University campus expansion on the other side of the rail line.

Malvern East Group’s Mathew Knight said residents were worried racegoers would park in nearby streets if the Caulfield development went ahead. But the panel was satisfied the racing club would be able to accommodate demand for parking.

The centre of the racecourse will continue to be used for parking on race days and for events.

Mr Knight said most residents felt the panel, which held six days of public hearings, had ignored their concerns, including their opposition to the MRC plan to use Crown land. The club has offered to swap three lots of freehold land totalling 7229 square metres for 5865 square metres of Crown land (the Tabaret car park). Part of the swap includes the creation of a park on Booran Road.

Glen Eira Council spokesman Paul Burke said if any swap went ahead, a more appropriate area of land should be made available for public use. He said a report was being prepared for the council, whose decision would then go to Planning Minister Justin Madden.

From the minutes of August 8th 2010 Council Meeting –

Right of reply

(a) Cr Lipshutz – “I wish to make a personal statement and it arises from an article in The Leader that was published today.

Helen Whiteside was first elected in 2005 with me. Indeed we campaigned together and worked closely together since that time. We are not only colleagues but friends, showing very similar views as to what sort of city we wanted Glen Eira to be. Accordingly while I wish to pay tribute to the significant work Helen performed as a Councillor, I have to say I am saddened and disappointed that Helen has not only resigned but has done so with spite and malice in denigrating in such an untruthful way the Council and her colleagues. Colleagues who honoured her by electing her as a Mayor and a Council which she once lead.

I firmly believe that we were elected to make decisions on behalf of residents but equally as a functioning democracy we don’t always win every battle. You win some. You lose some. But essentially the Council or indeed any level of government to function properly there must be respect that the majority decision prevails. One does not take one’s bat and ball home merely because you lost a vote. You didn’t agree with the umpire’s decision. Regrettably, Helen has been unable to accept the majority decision. I recall that when she was first elected, she was faced by attack by certain members of the public about her role as a nurse. She wanted to resign. When she was elected I said only the preferences from Cr Penhalluriack and me she was miffed and wanted to resign. In each case, she was successfully prevailed upon to remain. In this case she could not accept the decision with respect to the re-appointment of the CEO and removed herself from her colleagues. She fomented dissent and division and ceased to be a team player.

 In a leading article in The Leader she cites her reason for resigning as the continued investigation by the Local Government Investigation and Compliance Inspectorate, the re-appointment of the CEO and some Councillors’ unacceptable behaviour.

It is my considered view that Council has worked well, co-operatively and respectfully to each other and Officers. I am unaware as to any matter of such magnitude as would warrant a resignation and indeed all Councillors without exception and whether or not agreeing with each other have concentrated on the issues and have not allowed any personal differences to impinge upon their work as Councillors. This is clearly reflected in the voting pattern inasmuch as there is no voting pattern. Councillors look at issues and decide on issues and not on personalities. It is decidedly healthy that there are differences of opinion and that those opinions whether expressed here in the chamber or elsewhere are stated without fear. On occasions debate and discussions have been robust but in all the time that I have been a Councillor we have always been able to agree to disagree. There’s only one Councillor in all the time that I have been on Council has been unable to do so – it has been Helen who removed herself in recent times from the Councillor Group. Clearly she does not wish to be associated with the other 8 Councillors. Who was guilty of bad behaviour? 

Helen has also raised the ongoing investigation. Let it be clear that the Inspectors have told me that the Inspectorate will investigate any matter brought before them no matter how spurious. This Council and every Councillor has not only fully cooperated with the Inspectorate but has afforded the Inspectorate access to every document for which a request has been made. I totally and categorically reject any suggestion that Councillors have not complied with the Municipal Inspector’s requests. 

Any suggestion or any or innuendo to the contrary is absolutely false. Helen has also asserted that there has been no that there have been decisions made leading to bad governance. Regrettably again she forms that view because she was a minority position. While we can always do things better I am confident that Councillors are well aware of the need for good governance and we have complied with all requirements. 

I can respect that Helen in keeping with her record of threatening to resign when the going gets tough has now resigned but I find it unacceptable and inappropriate that in doing so she has demeaned and denigrated the organisation that she has led as a Mayor.

It is sad that Helen has sour grapes towards her colleagues but to suggest that Council is not united, to suggest that Councillors are or have been engaged in bad behaviour or that there are significant governance issues is not just incorrect but is plainly wrong. 

I, for one, have never considered resigning, nor will I. Barring any unforeseen circumstances, I will be serving my full term and I am committed to ensuring this Council continues to work as it has to date: co-operatively, respectfully and diligently. When I lose a vote, I will not pack up and leave.

The Local Government Act permits a council (ie by formal resolution in an open council meeting) to impose various service charges. Section 162 of the Act states:

 (1) A Council may declare a service rate or an annual service charge or any combination of such a rate and charge for any of the following services-

    (a)  the provision of a water supply;  

   (b)  the collection and disposal of refuse; 

   (c)  the provision of sewage services; 

   (d)  any other prescribed service.

A Special Council Meeting was called on May 11th, 2010 where the following was adopted unanimously:

“The Act requires that Council advertise the proposed Budget i.e. make it publicly available for information and comment.

An information session will be held for the public on Monday, 24 May 2010 to provide an overview of the 2010/11 draft Annual Budget.

The public have until 10 June 2010 to lodge Budget submissions.

Budget submissions received from the public will be reported to Council at the Special Council meeting of 15 June 2010; thereafter, the Budget will be submitted for adoption.”

The PROPOSED BUDGET included the increase in charges for waste collection of a 240 litre bin from $151.20 to $260.00 per annum. An additional $20 was added to the previously announced charge of $240

Yet, in a letter signed by the Mayor, Cr. Tang, and dated the 23rd April, 2010 there is stated unequivocally the following:

“Given the additional cost of collecting waste, the garbage charge for a 240 litre bin will now be $260 for the 2010-2011 financial year’.

We raise this issue and ask:

  1. How can Tang declare any service charge increase PRIOR to a full council resolution?
  2. Did councillors even know of this letter?
  3. What does this say about the governance practices and open decision making at Glen Eira?

Ironically, in the same minutes of 11th May, at item 9.12, we are told that Council’s share of the Clayton tip revenue will reap $637,000!!! The stated cost of the State government land fill levy was also $600,000!!!

The most important issue though is that of governance and due process. Tang’s letter makes it absolutely clear that the decision to impose the $20 surcharge had  been made before it was even discussed in Council. We wonder if other councillors even knew of this letter, or even had the opportunity to debate it before it went out. Not only does it usurp their power as a council, but it mocks the whole principle of transparent decision making and potentially the law of the land.

1. Councillor Elect

Looks like Cheryl Forge is a shoe-in to be declared the new councillor following Whiteside’s resignation. We’ve done our sums and on preferences Forge is way ahead of the other candidates. With a long history as advocate for public access to the Caulfield Racecourse, and planning issues in general, the community anticipates some interesting times ahead.

2. Elsternwick 10 storey application

There’s a planning meeting organised for this high rise development in early August. For full details please see: http://elsternwickcommunity.wordpress.com

This post is meant to be illustrative. That is, for residents to realise that the Glen Eira way of doing things is no longer valid, nor effective. By way of illustration we invite residents to compare the following two approaches on consultation for councils’ community plans.

Bayside has created a committee consisting of 13 community members and a blogsite which is open to all. Minutes of their meetings, and rationale, are online at http://planforbayside.wordpress.com/

In stark contrast have a look at the Glen Eira response to public submissions and the ‘we can’t do anything’ mentality that is contained in the document – http://www.gleneira.vic.gov.au/Files/Consultation_response.pdf

The difference is obvious. Isn’t it about time that councillors stood up on their hind legs and demanded that for once this council actually gets off its backside and really listens to what the community thinks and wants?

Map-Housing_Diversity_Areas_policy-1

The Planning Scheme Review Report is significant in that:

  • There are no recommendations for review of Housing Diversity Policy
  • Developers are currently pushing the boundaries everywhere. Latest is Coles Supermarket (7 storeys/137 units) and Elsternwick (10 storeys)
  • The Planning Panel recommends over 20 storeys and 5-6 storeys in Residential 1 area of in Caulfield Village. This is like the New Residential 2 Zone proposal by the State Government with no rights of appeal
  • No increase in developers’ contribution levy – remains stagnant at 0.25% whereas other councils stipulate between 4% and 5% for all areas
  • No plan to increase the accessible Public Open Space
  • No program to get Caulfield Racecourse into Public Use and remove horse training & fencing
  • No Public Realm policy development
  • No integration of land use with Integrated Transport plan
  • No environmental or ESD plans for buildings
  • No plans to exhibit the Final Report of this Scheme for comment by the public before sending the document to the Minister

Conclusions:

  1. This Review Report excludes the public from commenting on details as done by other Councils.
  2. If Caulfield Village Planning Report is accepted then the Housing Diversity Areas Policy Framework is now unravelling into a defacto acceptance of the State government’s Residential 2 Zoning which will see high rise developments throughout Glen Eira with the tacit approval of Council and practically no rights of appeal.

Council has finally released its Planning Scheme Review. The Recommendation is: “That the attached Planning Scheme Review 2010 Report be endorsed and forwarded to the Minster (sic) for Planning as required by statute”. Fait accompli is seems. Where is the public open debate on this vital document? Public ‘consultation’ has been limited to 3 so called ‘information’ sessions and the call for submissions over a period of two months, and all this based on a ‘discussion paper’ that was short on detail, analysis, and ‘reality’. Totally inadequate when dealing with such a complex and far reaching strategic issue. Readers should compare this approach with Stonnington’s as a first step in a long process. (See: http://www.stonnington.vic.gov.au/resources/documents/SSG_13_Final_Planning_Scheme_Review_Report.pdf).

In the end, the Review becomes what it was always intended to be – a political document endorsing a vision that has never seriously engaged the community, nor adequately informed of its major ramifications. The Review is nothing more than a self congratulatory exercise in obfuscation.

The obfuscation is most evident in the use of dubious statistics. Glen Eira relies exclusively on data drawn from the State Government’s VIF (Victoria in Furture: 2008) statistics. What it fails to notify residents of is the caveat placed on these statistics:

“Victoria in Future 2008 – first release population projections are not predictions of the future, nor are they targets. They analyse changing economic and social structures and other drivers of demographic trends to indicate possible future populations if the present identified demographic and social trends continue.”

In contrast, the ABS statistics, used by Melbourne, Kingston and numerous other municipalities clearly states:

“To provide a more accurate population figure which is updated more frequently than every 5 years, the Australian Bureau of Statistics also produces “Estimated Resident Population” (ERP) numbers. Based on population estimates as at 30 June, ERPs take into account people who missed the count on Census night, including people who were temporarily overseas, plus an undercount adjustment for those who did not complete a Census form, and an overcount adjustment for anyone who was double counted.”

The result is that VIF consistently underestimates population and dwelling figures. Yet, these are the figures that Glen Eira embraces wholeheartedly. Why?

The table below indicates the population explosion that is now and will remain the situation in Glen Eira if this document is endorsed.

ABS Population Changes per Year

Years Glen Eira Bayside Kingston Monash Stonnington Port Philip
1996 Base 120,271 86,365 129,655 160,677 88,562 76,089
1996/2001 567 489 846 493 283 893
2001/2006 1,335 584 1,182 1,113 1,007 2,000
2006/2011 2,153 1,475 2,683 2,577 1,271 1,953
2011/2016 2,231 1,478 3,107 2,701 1,151 2,083
Total Increase 31,426 20,130 39,090 34,420 18,557 34,643
Total 2016 Population 151,697 106,495 168,745 195,097 107,119 110,732
% Increase 26.13% 23.31% 30.15% 21.42% 20.95% 45.53%

 

Please Note:

  • These figures do not include the Caulfield East development which will add 2,500 to GE population. Taken this into evaluation gives a total of over 154,000. Adding Caulfield East figure gives a 28.21% increase;
  • Port Philip is an inner ring Council and GE should be a middle ring Council;
  • Kingston has Southland, which can justify the projected growth, not so GE;
  • The worst effect of Caulfield East development will be felt economically by Caulfield North and Caulfield South areas with Glen Huntly, Carnegie, Ormond and Murrumbeena suffering additional traffic problems;
  • Glen Eira has no Economic Analysis and assessment of its population expansion and impact of Housing Development C25 guidelines. That should be done every 5 years and reviewed. Melbourne & Kingston Councils are doing it. Why not Glen Eira?
  • Glen Eira is focused totally on statutory planning considerations and very little on Strategic and Future Planning. It simply quotes what Victorian Government is saying;
  • As a recognized local level of Government Glen Eira should be doing its job of strategic planning per each Suburb and argue its case with anybody else, whether it’s private developers or another level of Government. It should be doing it on a Strategic not just Statutory level;
  • As a recognized local level of Government it should be engaging and involving the community in a debate of its Strategic and Future Plans to ensure that community input is incorporated in the plans and that the community supports GE plans. The best way to do that is through an extended Structure Planning process. This is not happening;
  • As a recognized local level of Government its representative members and leaders i.e. Councillors must engage with the community in a debate, particularly if they have a different view to some community members. This is not happening. Councillors are being ‘muzzled’ or being shut out by the statutory process. The result is that GE Council is seen as an autocratic and not a democratic Council.