Councillor Performance


Councillors have repeatedly stated that it is the State Government and the Minister who is responsible for the new zoning. This only reveals half of the story. Yes, amendments have to be signed off by the Minister and yes, councils have to abide by the Minister’s decision. However, it was up to councils to first determine

  • Where the zones would go
  • What the height limits would be for each zone
  • What would be contained in each schedule

On all of these aspects, Glen Eira City Council has, in our view failed those residents living in GRZ, RGZ and Mixed Use Zones. These are the areas where Council did have the choice as to what went into their schedules and standards. Glen Eira chose to go for the least protection possible.

Please consider the following table which outlines exactly the scope provided to councils. Readers will note that in terms of height, there was the ability to impose a 9 metre limit in GRZ. Glen Eira opted for 10.5 across the board. Even in the RGZ council again had the option of selecting a lower height limit. They didn’t. The heights listed in this document are MAXIMUMS and were not set in stone. And as we’ve previously stated, height by itself is only one component of good planning. Council ignored all the other aspects that we’ve mentioned such as: site coverage; permeability; setbacks; minimum lot sizes, etc.

CLICK ON THE IMAGE TO ENLARGE AND PLEASE NOTE THE HIGHLIGHTED SECTIONS.

Pages from Reformed-Residential-Zones-fact-sheet-1_07_2014

Applications for high density dwellings are going through the roof. Residents are selling up as quickly as they can – often together with their neighbours. Developers are picking the eyes out of all areas now zoned as RGZ and GRZ plus commercial and Mixed Use. And what are our councillors doing about all this? Zilch! Nothing! A big fat zero!

Instead of any firm commitment to review the current planning scheme, (which they legally must) all residents are getting is more of the same hogwash, dissembling and mistruths. Hyams, Magee, Pilling and the rest can repeat ad nauseam that the zones haven’t made any difference. That what is happening now could have happened before. Well, in theory it might have, but the reality is that it didn’t! Apart from a few aberrations in Carnegie and Elsternwick, developers knew that applying for a four storey 20+ apartment block in quiet local streets of normal block size wouldn’t get through. Many got knocked back at VCAT and some even by council. Now with the zones, developers are rubbing their hands with glee knowing that 4 storeys are acceptable, and what’s more, expected. Even more disconcerting is the growing incidence of amended applications going in for additional storeys and units. The latest is today’s publication from VCAT of a five storey amended permit application that increases the number of dwellings by 3. Council had no objection to this increase! This and countless other examples have got nothing to do with the past and everything to do with the current zones which give carte blanche to these increases.

Residents keep being told the same old furphies and to paraphrase Lipshutz citing Goebbels – if you repeat some lies often enough then people might also start believing them. Or at least that is the hope. For example:

“Glen Eira is the only council with mandatory height limits in the Residential Growth Zone.” What utter rubbish! Stonnington also has a 13.5 mandatory height limit in its RGZ2 Schedule; Latrobe goes even better with a 9 metre height limit in its RGZ2; Greater Geelong has 10.5 for its RGZ2 and so does the Yarra Ranges. How this allegedly super efficient council is ‘ignorant’ of what is going on next door (Stonnington) is not only highly improbable, but totally unbelievable. Yet residents are inflicted with these continual furphies and mistruths.

When other councils (as we’ve previously reported) can exact lower height limits for parts of their GRZ areas or, have lesser site coverage mandates, or greater permeability impostes, and Glen Eira has none of these similar standards, then residents have to start scratching their heads and wondering why this council can keep claiming that they have the best ‘protections’ in the state. Height restrictions are only one of a multitude of standards that could have been introduced or improved upon. That Council has not progressed one iota in terms of the conditions from fifteen years ago is testimony to either how little they tried, or how ineffectual their ‘negotiating’ actually was.

There is no other way of looking at the zones except to say that Glen Eira councillors have failed their constituents – not only because they did not bother to undergo consultation, but more importantly, because officers failed to do the necessary homework and come up with zones and schedules that are based on detailed and current analysis. This is shoddy, inept, and woeful planning and reveals a total disregard for thousands and thousands of residents who are now paying the price for this ineptitude and unfounded arrogance. By doing nothing, by accepting the disenfranchisement of residents, by permitting lax and sub-standard processes to continue, councillors must be tarred with the same brush!

PS: Listed below are some of the latest applications. Poor old Bent St!

64 Bent St – part 3 and part 4 storey building; 31 dwellings; reduction of requirement for visitor parking

27 Jasper Road, Bentleigh – 3 storey, 25 dwellings, waiving of 3 visitor car parking

322 Neerim Road, Carnegie – 4 storey, 38 dwellings

1240 Glen Huntly Road, Carnegie – 6 storey, 118 dwellings, waiving car park & loading bay

4-6 James Street, Glen Huntly – 3 storey, 45 dwellings, visitor car parking reduction

Council minutes of 31st August 2010 record the following sentence in response to a public question – Under no circumstances are variations to standards allowed if they compromise safety. Given this unequivocal response, it would be fascinating to know exactly how many dispensations Council has granted to developers, or failed to enforce the standards, on developments for underground car parking – in particular ensuring the adequacy of sightlines for exiting cars. How many of these subterranean canyons have been allowed to exist that potentially endanger pedestrian safety? How many near misses have you experienced from cars exiting their steep driveways and you simply couldn’t see them until the last second?

Here are some examples from a range of material we’ve been sent by residents.

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We urge all readers to carefully consider this post. In our view it encapsulates all that is awry in Glen Eira concerning planning, namely:

  • The utter lack of consistency from application to application
  • The failure to adhere to council’s own planning scheme and zoning
  • The unbelievable lack of logic
  • The reliance on pseudo and irrelevant argument (ie VCAT, open space, etc)

Item 9.2 – 7 storey application for Glen Huntly Road, Elsternwick

Delahunty moved to accept as printed. Seconded Sounness.

DELAHUNTY: began by saying that the motion was for a ‘shorter building’ and some ‘rearranging’ (ie 5 storeys instead of 7). Felt that this addressed most, ‘but not all’ of the objectors’ claims such as zones and area. She felt that officers had done as much as is ‘possible’ considering that this is a main road with good transport options. There’s a 7 storey building not yet started nearby and Delahunty said she was ‘very uncomfortable’ with that at the time. Said that when this came up there was ‘shocking open space’ and with all the new people coming into the area she was concerned about how council would ‘address’ the issue of lack of public open space. But now, ‘I feel much more comfortable’ since council has got a ‘strategic plan’ and ‘soon a very robust funding source’ so she now feels more ‘comfortable’ that this will be ‘a building that can be absorbed into the streetscape’. This application has got different zoning to the 7 storey building (ie Mixed Use) and this application for 7 storeys in terms of ‘scale’ is ‘inappropriate’. Now that officers have reduced the height to 5 storeys this ‘allays many of the privacy’ concerns of objectors. What is still ‘missing’ as pointed out by objectors is the ‘traffic’ impacts and that’s something that council needs to ‘take on board’ in future. Since it is on a main busy road that traffic is something that ‘we will have to deal with as separate from this application’.

SOUNNESS: said that people had contacted him and were pleased with the fact that this was now reduced to 5 storeys and he supported ‘their position’ since a 5 storey is ‘much better’ than a 7 storey building. He still felt ‘uncomfortable’ though about the ‘intensity of the building’ but that’s what the ‘planning zones speak about’ so he can’t see any good grounds to reject or amend since it is likely to be approved if it ‘goes to VCAT’. As for the ‘architectural’ features this is really all ‘in the eye of the beholder’. He recommends the proposal.

ESAKOFF: said she hadn’t made up her mind as yet and whatever she decides it will be with a ‘heavy heart’. Was worried about the ‘amenity impact on neighbouring properties’ especially the proposed ‘balconies to the east’ where they had received photos from residents. Even though they will receive sunlight it will ‘still be a major amenity impact’. There is a NRZ of 8 metres to the north so even a 5 storey building ‘will be a disappointment to say the least’. The site is ‘at the fringe of the activity centre of Elsternwick’ and ‘outside the boundaries of the urban village’. Therefore she felt it needed ‘more transition to what is essentially a tram route’. VCAT ‘allowed’ the 7 storey building opposite and that one ‘abuts a GRZ and not RGZ’. She thought that this application needed to be of ‘less intensity’ and that a ‘four storey building would have been more appropriate here’. With tramlines they allow 4 storeys but ‘there may be the odd 4’. Also concerned about the ‘border to border building’. Said that in the past she had tried to get the ‘old fashiioned’ conditions that would allow a ‘backyard with a clothes line’ or roof top gardens but this ‘seems to go nowhere’. When people said they are ‘happy’ with 5 storeys, she thought it was more a case of ‘damn relief that it’s not going to be 7’.

HYAMS: this was a ‘difficult one’ because it backs onto NRZ and is ‘outside the urban village’ and there’s a 7 storey going up nearby. Council has ensured sufficient visitor parking to ‘meet policy’ and it presents ‘as a three storey podium’ plus a Construction Management Plan. Since the other 7 storey building hasn’t started as yet there’s the possibility that both developments will go on at the same time and cause disruption but he didn’t think there was anything council could do about that. Asked Akehurst and the response was that at ‘critical times’ council could ensure that Yorston Street wasn’t blocked off. Hyams then said that the Waste Management Plan would ‘stop 60 or 70 bins being out on the road’. Even though he’s got some ‘sympathy’ for Esakoff’s views, because of the site of this application, he will support the motion.

LIPSHUTZ: said this was causing ‘concern’ because since they don’t have in their planning scheme anything about size of apartments or ‘how big a back yard is’ and that’s his ‘concerns about general development’. So they can’t look at this and everywhere ‘there’s an issue of traffic’. However, ‘if I was to listen to that and take that as my primary issue’ then he would have to reject every application since there isn’t enough infrastructure in Victoria – ‘trains and trams don’t cope sufficiently’. On this application he asks himself ‘where else’ could something like this go except on a ‘main road’. He wouldn’t accept 7 storeys but 5 storeys ‘is appropriate’ and there is a ‘trend’ on Glen Huntly road for ‘larger style buildings’. He also needs to be ‘practical’ in that he could ‘easily reject’ this but it will go to VCAT and they will say that ‘I haven’t turned my mind to it properly’ since he has to sit here in a ‘quasi judicial’ position and ‘working on planning laws’. These laws ‘allow this building to happen’. So the officers have ‘mitigated’ some of the ‘major problems’. At ‘the end of the day it’s a general compromise’ and it will be ‘appropriate’.

LOBO: thought that ‘Mixed Use Zone should have a stop somewhere’. Said that ‘we cannot afford to have schools, massage parlours’ in streets. Schools should be in ‘places where there is more open space’. Before with a smaller population it was okay to have Mixed Use.

MAGEE: asked Lobo to ‘come back’ to the item.

LOBO: ‘yeah, yeah’. Said he ‘wasn’t going to philosophise on the residential codes’ but he ‘definitely’ wasn’t in ‘favour of 7 storeys’ since this is a ‘monstrosity’ and will lead to other 7 storeys. This will ‘completely spoil the present beauty of Glen Eira’. Wasn’t saying that councillors ‘have destroyed the beauty’ but that they are ‘guided by the Minister’. Whoever is the Minister next week should ‘be told that he needs to revise the planning scheme’.

DELAHUNTY: said that Eskoff is right in that councillors weren’t ‘completely comfortable with what is going on’ but they are ‘all aware of our obligation to provide housing’ and her view is that this ‘doesn’t have to include a garden’ since her kids won’t be able to afford a garden. So they will have to provide ‘high density living where high density is appropriate’ such as ‘tramlines, close proximity to trains’ and the right sort of ‘infrastructure’ and in ‘this case public open space’. This site ‘is very close to public gardens’ . Went on to say that on the issue of sunlight, this provides sunlight when people aren’t home so there are ‘anomalies’ in the notion of ‘adequate sunlight’ that ‘needs addressing at a level’ higher up than council. Said that parking is now ‘more appropriate’ with 2 less storeys. Hoped that there comes a point when they can ‘influence behavioural change’ and that people don’t use cars and that ‘the more’  car sharing and other options are looked at then it will be more likely to ‘become a reality’. Ultimately even though ‘we’re not comfortable’ with the application she thought it was an ‘appropriate response to that site’ and that ‘traffic is something we have to look at as a council’ down the track.

MOTION PUT AND CARRIED. Lobo called for a division. Those voting in favour: LIPSHUTZ, DELAHUNTY, HYAMS, OKOTEL, PILLING, SOUNNESS, MAGEE. Voting against – ESKAOFF AND LOBO.

 

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Evidence is steadily mounting that the rate of over development is directly attributable to the introduction of the new residential zones. Council can continue bleating its ridiculous claims that all was possible before. The facts tell a different storey. Certain things may have been ‘possible’ before, but they didn’t occur except on the very rare occasion and generally in Carnegie. Now, with the introduction of the new zones this represents an open invitation to developers to ‘go for it’!

The latest evidence of this comes from 332 Neerim Road, Carnegie. An application went in on the 19/4/2013 – well before the zones were gazetted – for a THREE STOREY BUILDING AND 9 APARTMENTS. The permit was granted. Then on the 18/11/2013 (after the new zones) there is this new application –

Construction of a four (4) storey building comprising twenty six (26) dwellings above a basement car park; Reduction of the requirement for visitor parking; and Alteration of access to a Road Zone Category 1

The land is roughly 1100 square metres and of course a permit was granted.

We repeat – development and overdevelopment has everything to do with the generosity of this council to developers and its indifference to residents living in GRZ, RGZ zones.

Glen Eira zoning scheme has homeowners up in arms

Anger is mounting over the Glen Eira Council’s planning scheme with homeowners worried ab

Anger is mounting over the Glen Eira Council’s planning scheme with homeowners worried about the future of the suburb. Picture: Chris Eastman

GLEN Eira residents angry at the pace and density of residential development in their streets are demanding the council review the planning scheme.

Residents used a planning forum in Bentleigh to slam the city’s reformed residential zones and council’s lack of community ­consultation.

They now want councillors to review and amend the planning scheme.

To amend the residential zones the council must approach Victoria’s planning minister.

The four councillors who attended the forum, among them new mayor Jim Magee, were told the State Government and Glen Eira Council’s claims the zones would offer a new era of protection were a farce for those in the higher density General Residential Zone and Residential Growth Zone.

Others in the protected Neighbourhood Residential Zone said they were still adversely affected by three and four-storey developments just doors away.

“Why has Glen Eira Council identified areas even 1km away from transport corridors for this increased density?’’ a resident asked.

A Bentleigh resident of more than 30 years and traffic engineer said: “I can’t see streets coping with traffic and parking levels’’.

Concerns were raised for packed schools and others accused the council of siding with developers.

Cr Magee argued height limits were brought in to protect the city from inappropriate development and was heckled when he said the zones were not to blame for the pace of development in areas such as Carnegie, McKinnon and Bentleigh.

And last week Baysiders blasted their council’s management of residential growth at a special meeting.

About 120 people packed the Brighton chambers to voice concern over residential growth zones. The meeting was held to discuss a recent State Government about-face on zoning of parts of Highett, Cheltenham, Hampton East and Brighton East.

The Liberals have said they would now not demand the council ­include quiet residential streets such as Major St in Highett as areas for intense development. Labor plans to rejig the whole zoning system if they win power next week.

Kingston council has yet to adopt the new zones.

The Glen Eira Residents Association is petitioning the council for change at geresidents.wordpress.com

There are ostensibly some very strange goings on in the Glen Eira Planning Department. Up for decision on Tuesday night is an application for 7 storeys and 44 dwellings along Glen Huntly Road. 34 objections came in. The Torres report recommends 5 storeys and 33 dwellings, plus waiving of car parking for shop and loading bay.

We remind readers of a previous decision on a 6 storey Hawthorn Road application that was rejected outright. The argument there was that this height would be far too much for the neighbouring General Residential Zoning (ie 3 storeys) that abutted the site. The Glen Huntly Road application abuts NRZ properties (ie 2 storey) plus GRZ areas. It therefore seems that a three storey difference between the abutting zones is acceptable for Glen Huntly Road but not acceptable for Hawthorn Road as revealed by these contrasting comments from both reports –

Glen Huntly RoadLimiting the height of the building to 5 storeys will ensure there is a more appropriate transition in building heights between the subject site and neighbouring properties located within the Neighbourhood Residential Zone.

Hawthorn road – The General Residential Zoned land to the west has a known future height limit of 10.5m or 3 storeys. The transition of the 6 level proposal to the existing residential land to the west is considered to be too abrupt to the substantially single storey dwellings. This holds even if the land to the west is ultimately developed in accordance with the GRZ provisions.

But there’s more! On internal amenity (and please note that BALCONIES are equated with ‘internal’ amenity) we get the following –

Glen Huntly Road – The internal layout results in some balconies being perpendicular to the boundaries. This appears to be an architectural response to ensure uniformity with window locations and other elements within each elevation. In order to improve penetration of natural light and ventilation to each balcony, it is considered that a minimum width of 2.0m with area of 8m² should be achieved. This will provide a reasonable level of internal amenity for this commercial setting without detracting from the architectural integrity of the building.

Hawthorn RoadEach apartment is designed to maximise natural light to habitable areas in response to the east-west orientation of the site. The layout and design of the development will generally result in functional, well-proportioned dwellings with good access to daylight, direct sunlight and adequately proportioned balconies. The number of apartments with south facing balconies has been minimized and is considered acceptable for this commercial setting and the constraints of the east and west orientation of the site.

In the end we have to wonder why there should be such inconsistencies. Also worth mentioning is that the Hawthorn Road application had 15 objections and was rejected. The Glen Huntly proposal drew 34 objections and has had two storeys lopped off plus conditions imposed. We can only speculate as to the reasons behind these recommendations and wonder who perhaps knows who and whether or not North Caulfield (apart from the C60) is deemed as generally worthier of ‘protection’ than other suburbs?

Last night’s GERA’s forum was illuminating for several reasons:

  • The anger of residents was palpable
  • The impotence and unwillingness of the four councillors (Lobo, Okotel, Hyams and Magee) to commit to any possibility of change was damning
  • The most outrageous comments by these councillors included:
  1. The zones were a ‘neutral translation’ based on data dating back to 1996
  2. The minister would only make things worse if council attempted to amend anything
  3. Residents should ‘advocate’ to councillors about their concerns (never mind that 150+ people were already expressing their views directly!)

We’ve uploaded the audio of the Q and A session and ask that you listen carefully to the ‘answers’ provided by councillors.

PS: BAYSIDE CITY COUNCIL THROWS OUT ITS RESIDENTIAL GROWTH ZONES. WATCH THE SPECIAL COUNCIL MEETING AND RESIDENTS ADDRESSING COUNCIL AT – http://stream.bayside.vic.gov.au/archive/video14-1118-1.php#placeholder

Also refreshing to hear councillors apologising to their community for inadequate consultation. Pity it doesn’t happen from too many councillors in Glen Eira!

The following table illustrates like nothing else can, exactly what is happening throughout metropolitan Melbourne, and particularly in Glen Eira. This council can now adopt the mantle of ‘Leggo Land of the South’. The zones have been in for 15 months. Council admits to 1713 net new dwellings in the last financial year. Thus far (ie 4 months) another 1002 new dwellings have received permits. (Source: Planning Permit Activity – http://www.dtpli.vic.gov.au/planning/planning-applications/planning-permit-activity-in-victoria)

Prior to the introduction of the new zones, council’s ‘average’ number of new dwellings per year was stated as roughly 500 to 600. This figure has now tripled! By the end of the current financial year, if this trend continues, then residents should look forward to over 3000 new dwellings in one year! And yet, we are still assailed with the nonsense that this has got absolutely nothing to do with the introduction of the new zones and the open arms approach to development by Glen Eira.

JULY1

On July 1st 2014, the new zones came in everywhere. If councils had not as yet finalised their amendments, then the General Residential Zones were applied automatically to all areas previously zones Residential. The Age has run articles on how political the process has been, when western suburb and/or Labor dominated municipalities had their amendments knocked back by the Minister’s Standing Residential Zones Committee. Darebin, Moreland, and Kingston were the ‘victims’ of this process. Darebin and Moreland are still awaiting approval of their amendments. The upshot is that these two councils have now huge swathes of their municipalities zoned as General Residential Zones instead of Neighbourhood Residential Zones as they intended. It is no coincidence that they are the only two councils whose net new dwellings surpass Glen Eira’s.

There are other concerns too. Of these 1002 net new dwellings we have to ask:

  • How many are one bedroom units?
  • How many car parking spots have been waived?
  • How many of these permits have been resubmitted for bigger, higher, larger developments?
  • How many extensions has council handed out (practically willy-nilly)?
  • How many trees remain on any of these lots?
  • How many ‘standards’ have been overlooked per application?
  • What has council done about the cumulative impact for individual streets? Have they even bothered to consider any of this?
  • How much will ratepayers have to cough up to pay for the requisite improvements in drainage since developers won’t have to pay a cent since this benevolent council dropped its levy from the planning scheme?

Residents deserve answers to each and every one of these questions. The bigger question is whether councillors will dare to even ask them!

 

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