Glen Eira Debates

Finally there is some commentary from Glen Eira on the state government’s proposed changes to all activity centres – especially the inclusion of expanded areas surrounding these activity centres. Once again, the proposed submission by Glen Eira palls into insignificance compared to the efforts produced by Boroondara and Bayside. These councils have held public forums, Q and A sessions, and prominently featured summaries and information on their websites. Glen Eira has done none of these things.

So now we come to the need for a formal submission by late October. We have read the submissions and copied verbatim some of the comments contained in the various officer reports. Whilst the final submission(s) have as yet to be written, the amount of detail provided by Boroondara compared to Glen Eira is staggering. What’s also insightful is the tone that each council applies. Boroondara sees nothing wrong with clear and unequivocal criticisms. Glen Eira on the other hand resorts to wishy-washy statements that basically mean nothing. Boroondara is also not averse to publishing so called ‘confidential’ documents. Glen Eira does not even mention the fact that they have received such documents!

Once more we have to ask why another council can produce work which informs the community with detailed analysis and Glen Eira can only produce some generic document that adds little to basic understanding of the potential impacts. Does it all boil down to the quality of our planning department? Or is this merely another instance of an administration that fully welcomes the government agenda and to hell with existing residents, liveability, heritage and a million other consequences?

Please read the following quotes carefully and realise how vastly different they read and what this actually means.

GLEN EIRA (16^th October agenda)

Generally, not supportive of the “deemed to comply” approach for heights, setbacks and street wall heights which will be applied in the core and catchment areas.

In the core commercial area of Carnegie, the proposed changes are positive for Council and the community, with draft maps proposing to retain the building heights adopted under the Carnegie Structure Plan (proposed Planning Scheme Amendment C237). This is pleasing to see and the result of strong advocacy by Council over 2024 and 2025.

Council has continually requested that DTP provide technical reports/data as part of their activity centre program, plans and draft maps. This will help us understand how the heights were developed, modelled and what was considered.

Council’s experience with the deemed to comply approach in the Moorabbin and Chadstone activity centres, is that Council is limited in its ability to encourage increased development within the catchment areas, where appropriate. This is due to the changes which essentially switch off policy and zone purpose considerations for townhouse development. The intent of the catchments is therefore not being achieved in these existing locations and Council is likely to see a similar result in the Carnegie Cluster unless changes are made to the planning controls.

The heights for Murrumbeena and Hughesdale core areas and for all the catchment areas are a significant change, particularly in the outer core areas. These proposed heights are contrary to the heights adopted in the Glen Eira Housing Strategy and a departure from the community’s expectations

It is unclear on how the catchment areas will integrate with the heritage places and precincts and Neighbourhood Character Overlay (NCO) in these areas, specifically in Carnegie and Murrumbeena. If the BFO and HCTZ are applied these controls will allow taller built forms in potential conflict with neighbourhood character and heritage streetscapes.

Directing housing into existing activity centres will reduce the impacts of significant growth on the environment in growth areas. Living more closely together can open opportunities for the sharing economy, increase local services and reduce the need for travel, and enable more people to live close to public transport

These changes coupled with the other recent changes to housing assessment provisions creates a substantially different planning context for Glen Eira and the community

OFFICER’S REPORT – 13 PAGES

BOROONDARA (6^th October minutes)

The draft standards have been circulated on a confidential basis and are not available for public distribution. This approach limits transparency and prevents meaningful community input. For proper consideration, the draft standards should be formally exhibited and open to feedback from the community

The introduction of new and improved standards for developments of 4–6 storeys is needed as it is recognised that larger built forms have the potential to generate greater visual bulk, overshadowing and amenity impacts compared with smaller developments. However, a number of the proposed standards reduce and weaken the existing requirements, particuarly relating to off-site amenity impacts such as overshadowing and overlooking

Through amendments VC243 and VC267 earlier this year, Clause 55 of the planning scheme, which relates to residential development up to 3 storeys, was amended to lower the standards and make them ‘deemed to comply’. This means that where the standard is met, the objective to the standard is automatically met. Developments that comply with the deemed to comply standards in Clause 55 are also exempt from third party appeals (objector reviews of a decision) to the Victorian Civil and Administrative Tribunal.

Key changes to Clause 55 and 57 at the time included:

• The minimum street setback requirement reduced from 9 metres to 6 metres.

• The private open space requirement reduced from 40 square metres to 25 square metres at ground level.

• Site coverage requirements have been revised to include a sliding scale dependant on which zone the site is located (60% Neighbourhood Residential

Zone and Township Zone, 65% General Residential Zone and 70% Mixed Use Zone and the newly minted Housing Choice and Transport Zone).

• Overlooking standards no longer apply to bedroom windows.

• Options for two side and rear setback standards.

The submission will highlight the following concerns:

• Front setback changes will increase the dominance of buildings in the streetscape and reduce opportunities for tree planting in the front setback to one small or medium tree.

• 4 to 6 storey proposals are able to access a lesser street setback than 1 to 3 storey proposals. This may have a consequence of encouraging proposals with a greater height in the HCTZ compared to lower scale proposals such as townhouses.

Allowing bedroom windows to have a sole source of daylight to a light-court, instead of an external wall of the building, is considered to be a poor amenity outcome for the future occupants. It is inapt that a bedroom window is proposed to be afforded with the same level of amenity as a non-habitable room window such as a bathroom or laundry. It is considered that bedrooms should be included in Building Separation, which would improve the overall amenity of dwellings. At a minimum, daylight modelling should be required if light-courts are to be relied upon as a bedroom’s only source of daylight access

The draft mid-rise standards suggests that the proposed side and rear setback requirements effectively limits overshadowing impacts on adjoining properties, in a similar way to applying the existing overshadowing standard and protects neighbouring development opportunities. No modelling has been provided to demonstrate whether the outcome will offer less or equal protection and it is suggested that existing protection should not be reduced.

Sustainability considerations will maintain existing standards for permeability and stormwater management as well as energy efficiency. A level of documentation would be required from applicants to demonstrate compliance with cooling loads, but this would be the extent of assessment. With the operation of standards narrowing considerations, there will be a reduction in assessment of Environmentally Sustainable Development (ESD) features in development outcomes compared to what is currently offered with planning applications. This is contrary to the ambition to elevate ESD targets and draft standards fail to recognise the opportunity to embed stronger environmental sustainability measures within mid-rise apartment development which will be raised as a concern in the submission.

However, the draft has been circulated on a confidential basis and is not available for broader distribution (Attachment 1 – confidential). It is unclear why the draft has been circulated on a confidential basis as there is nothing of a confidential nature within the code. The standards are very similar to the standards that have already been introduced to the planning scheme for other residential development types, such as the townhouse and low rise code, so there are no concepts being tested with Councils and stakeholders that are not already publicly available. Even if new concepts are being tested for stakeholder input that are potentially controversial or sensitive, that does not make the material “confidential”.

Officer’s report – 22 pages

BOROONDARA (10^TH October)

The ACP’s rushed rollout and extremely compressed timeframes, the absence of evidence supporting the need for urgency, and disregard for proper planning processes – including transparent policy development and authentic consultation – have eroded public trust and accountability in its implementation

Another key methodological flaw to be highlighted is the lack of coordination and integration with other planning investigations that will have significant impact on the development capacity of the identified centres. Most notably the absence of updated flood mapping (not expected until late 2026), no provision of a comprehensive movement and place analysis and framework and no plan for place based and community infrastructure to support growth and deliver high density urban amenity.

General issues, inconsistencies and problematic outcomes include:

• Lack of justification for the density index approach to set the baseline for building heights and catchment distances as well as the methodology on how the density index was applied to centres.

• The lack of evidence (including urban design analysis and built form testing or modelling) to support the building heights across the centres.

• Lack of justification to exceed the 8 to 12-storey maximum set for Centres with a density index of 3.

• Excessive building heights resulting in overshadowing of footpaths in key locations contradicting principles of creating high quality, pedestrian-focussed public realm.

• The inconsistency in applying different building heights to adjoining sites with the same context and interface issues.

• The lack of building heights for identified strategic heights and failure to define how strategic sites were selected.

• Building heights not responding to sensitive interfaces such as low-rise heritage areas (e.g. Manningtree Road, Hawthorn).

• Applying uniform building heights across larger strategic sites where differential heights, setbacks and place-based built form response is required

Inclusion of heritage areas within the catchment. One of the most critical issues to be highlighted in the submission is the inclusion of heritage areas within the residential catchment (e.g. Grace Park Estate, Cranmore Estate and Environs amongst others). Apart from the inappropriate impact this would have on our city’s valued heritage areas, applying the inner catchment to heritage is inconsistent with DTP’s methodology described in the additional technical information and the approach taken in the pilot program. Applying a catchment growth area to any heritage area is inconsistent with the findings and recommendations of the Activity Centre (Pilot program) Standing Advisory Committee.

The most relevant and crucial point made at last night’s council meeting on the Woolies’ application came from Cr Daniel when she asked the following question. The audio also includes the response she received from the officer in charge:

How on earth it is possible to claim that the current application will not have any further ‘detriment’ on surrounding areas when:

• A six storey building will now be ‘acceptable’ as a nine storey building with many changes to setbacks, balconies, reconfiguration of apartments, etc.
• How is it possible to basically ignore almost completely the findings of the last VCAT hearing and claim that ‘on balance’ the crucial conditions imposed by VCAT can be ignored in favour of Woolworths?

What makes last night’s events even more unacceptable is the actual council submission itself. The last 3 pages of the submission list council’s recommendations. The final sentence states: Council does not object to the granting of a planning permit for application PA2403410, subject to the above recommendations being implemented. So what do these recommendations actually state? There is not a single word in these recommendations that have anything to do with the increased heights of both proposed towers nor the detailed findings of VCAT!!!!! The 3 pages of the recommendation consist entirely of commentary on such things as glazing, construction management plans etc. No recommendation is to be found in terms of heights, apartment reconfigurations, the impact on the proposed cultural centre and traffic movement etc.

Council does admittedly refer to the increase of heights in its first few pages. But these increases are largely seen in relation to council’s proposed structure plan via amendment C256 and how this new amendment reduced the existing 10 storey height to 8 storeys. Thus instead of objecting strongly to the woollies proposed heights as having a detrimental impact based on what VCAT found, the submission only refers to the newly proposed amendment and how the application  exceeds the 8 storey limit.  Given that both the 10 storey and now proposed 8 storey limit is ‘discretionary’, it will not be hard for Woolworths to argue that an increase in one or two storeys is okay if not ‘negligible’!!!!!!

Last night’s offerings especially by Karslake were indicative of what we consider to be the pro development agenda of this council. It is deliberately misleading for Karslake in her summation to present the issues against ‘rejection’ as a simple black and white dichotomy – ie we have to be in the game so rejection is not feasible! This does not mean that council’s submission could not have included some strong commentary urging the minister to reject the application based on previous findings and that if a permit was to be granted that the issues determined by VCAT be given serious consideration. This would not exclude the other recommendations made by council – but it would at least show strong support for community!

We’ve uploaded the full discussion on this item. Please listen carefully.  

We have repeatedly sought strong council opposition as to how the state government has been riding rough shod over councils. Glen Eira has largely been officially silent apart from a belated media release by McKenzie (who has now resigned!!!!) and some mealy mouthed submissions to various state run ‘consultations’. When compared to how Boroondara and others have acted recently we find Glen Eira’s responses woeful and a real desertion of their duty to residents. Here are a couple of paragraphs from Boroondara’s reactions last year to the imposed dwelling quotas for councils –

What Council is not supportive of is the additional ‘catchment area’ that extends a further 800m from the boundary of the centre and will allow for development height up to 6 storeys in heritage areas and low scale single dwelling leafy neighbourhoods. Neither Council nor the community have been consulted on this alarming new catchment area, which is illogical and representative of poor planning.

This vast catchment area encompasses 4,500 heritage listed properties. It is estimated that approximately 48% of this catchment area is land currently protected by the Heritage Overlay (refer to map provided). Council does not support this catchment area in any way and condemns the state government’s disregard for local heritage and amenity. This catchment area has been imposed with no evidence of any strategic analysis, assessment of local infrastructure capacity or consideration of the impact on local services and community facilities.

Any claims by the Minister for Planning that they have undertaken consultation with Council on the latest version of their plans are completely false

Source: https://www.boroondara.vic.gov.au/your-council/news-and-media/boroondara-news/councils-response-state-governments-latest-plan-camberwell-junction-activity-centre

Social media has been busy with the Woolworths’ new plans for Selwyn Street, Elsternwick. As pointed out repeatedly, they have gone directly to the planning minister with a new application that seeks to undermine previous VCAT decisions and restore heights that had been knocked on the head years ago. In other words, if you don’t get what you want, then simply ignore the umpire’s previous decision and have another go via one single individual – the planning minister. Even worse is that such an action effectively sidelines objectors and even council.

This is hypocrisy of the highest level – especially when we consider the Woolworths’ arguments at the second VCAT hearing, which they now clearly have forgotten. At this hearing, their argument was:

The Applicant’s closing submission highlights examples of this and points out a second VCAT hearing should not be about forum shopping and relitigating previously determined matters in the hope of securing a different outcome. The Applicant also highlights that the previous Tribunal comprised experienced legal and planning members and their reasoning was considerable in explaining why particular issues were acceptable.

https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VCAT/2022/1025.html

So these ‘experienced legal and planning members’ of VCAT, cannot now be ‘trusted’ to endorse Woolworths’ ambitions. They must be sidestepped and appealed to the planning minister in the hope of a fast tracked permit that is all for seeking a ‘different outcome’.

The only conclusions that can be drawn from these events is that our planning system is an entire mess that invariably favours developers. Council itself has been complicit in these events as its lousy planning over the years and unwillingness to take on major developments have shown – ie with the MRC, with the Virginia Estate, and now with Woolworths. It is residents who literally pay the costs of such folly and craven inaction.