Councillor Performance


Council and some of their supporters insist on propagating the myth that the introduction of the new zones has not been the impetus for far greater development, and density, in Glen Eira. The standard line has now become that nothing is different; that the introduction of the new zones merely reinforced what was council’s policy since 2002 and earlier. That in the end, the new zones represent a ‘neutral translation’. Nothing could be further from the truth.

Readers will know that Bent Street Bentleigh has now become the focus of some large combined property sales with the potential for huge developments. Bent St was previously designated as ‘housing diversity’. A large part of Bent St is now zoned Residential Growth Zone – meaning that 4 storey developments are likely to become the norm.

In the interests of historical accuracy, we want readers to reflect on the following VCAT case and development application. It dates from February 2012 and concerned an application at 23 Bent St for a 3 storey, 27 unit development. The land comprised a large block of 1,057 square metres. Council had refused the application. VCAT granted the permit. What is most telling however is the argument produced by Council against the development and the VCAT member’s comments. We cite directly from the judgement.

I note from council’s delegate report at page 7 “the construction of a three storey development is reasonable having regard to the zoning of the land is consistent with the state and local policy in terms of its strategic vision for the Bentleigh urban village”.

COMMENT – so two years ago a 3 storey development was considered ‘reasonable’. Now we have to assume that a 4 storey development is also ‘reasonable’

Council acknowledged that a site of this size could accommodate a three storey building however had concerns regarding the extent of the third level combined with its side setbacks, in that it would provide an overly dominant form particularly when viewed from the private open space of 25 Bent Street to the north which is a single storey dwelling.

COMMENT – 3 storeys was ‘dominant’ 2 years ago, and now 4 storeys is okay?

The maximum overall height of the building varies between 8.8 metres and 9.51 metres due to the fall of the site from south to north. It is acknowledged that the overall height largely exceeds the suggested 9 metre height contained in clause 55 but the permit applicant maintains that it is an appropriate and respectful height given the existing and preferred character of the neighbourhood which is identified in the LPPF for managed change to accommodate more intensive residential development.

COMMENT – So a building of 9.51 metres was in 2012 considered ‘dominant’. Even Clause 55 suggests a ‘9 metre height’. What we’ve got now is 13.5m!!!

The subject site is within the residential precinct 4 of the Bentleigh Activity Centre which at a policy level is directed towards increasing residential densities. This building will be the first introduction of a three storey building into the locality however, I am satisfied with the changes that I require via permit condition the proposal will set a standard for future redevelopment within the area whilst also sitting comfortably with its neighbours in the street

COMMENT: what was the ‘standard’ two years ago has therefore changed. The ‘standard’ now is 4 storey due entirely to the introduction of the new zones and the designation of this street as a Residential Growth Zone. The same applies to countless other streets throughout all of Glen Eira.

Source: http://www.austlii.edu.au/au/cases/vic/VCAT/2012/197.html

PS: and like any sensible developer would, given the largesse of council, there has been an APPROVED amended application to turn this 3 storey development into a FOUR STOREY DEVELOPMENT. The developer got his amended application in October 2013 – after the zones were introduced!

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AND FROM TODAY’S LETTERS TO THE EDITOR – CAULFIELD LEADER

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The bastardry, skulduggery, and pattern of capitulation which has dogged the entire Caulfield Village fiasco, is now complete. Council has once again caved in completely to the MRC/Developer judging by the VCAT order resulting from the August ‘mediation’. (full document uploaded here).

We remind readers that in May this year the Development Plan was rubber stamped by the majority of councillors. Attempting to simply save face, Lipshutz and Sounness put forward an amendment which was meant to ‘rectify’ the problems such as ‘fixing’ the vast number of miniscule balconies, and car parking issues. (See: https://gleneira.wordpress.com/2014/05/21/defending-the-indefensible/).

Well, surprise, surprise, surprise – the developer got practically everything he wanted! The two most important conditions (balconies and car parking) were practically tossed out the window and many other conditions eroded away in favour of the developer. All that council appears to have gained is to force the developer to provide more detailed information on soil depths so that the promised ‘garden of Eden’ will have enough soil to actually survive a year or two!

Which leads us to some pretty important questions:

  • Why didn’t council insist that this goes to a full hearing and not mediation if they were so adamant that their conditions were vital?
  • How much did this mediation cost ratepayers since we would bet that council employed barristers, planning ‘experts’ etc.?

We also must congratulate all those ‘backroom boys’ for their years of plotting, since this development is now exclusively OUT OF THE HANDS OF COUNCILLORS. Everything is now up to the ‘satisfaction’ of the ‘responsible authority’ – ie officers (exclusively). Hyams, Lipshutz, Pilling, Esakoff have done their work and handed the MRC their biggest prize ever to the detriment of every single resident living in Glen Eira.

Below is a summary that we’ve drawn up. On the left hand side is what the resolution of May 2014 stipulated. On the right hand side is what has now changed according to the VCAT order. These are all verbatim. Please read carefully and then ask yourselves whether or not you believe that Glen Eira is indeed the ‘cave in Kings’ of the State!!!

There’s undoubtedly a lot more buried in the technical detail of this order, so we welcome your views on what we’ve left out.

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PS: We’ve received notification that there is currently an online and hard copy petition doing the rounds of Glen Eira. The petition is basically asking that this council review the damage it has wrought via the zones and that full community consultation be included. We urge all readers to follow the links and to voice their opinions on the various sites. GE Debates fully supports any group that seeks better outcomes for the community.

Please click on – http://geresidents.wordpress.com/

There’s a new tactic being employed by real estate agents and their buddy developer friends throughout significant areas of Glen Eira and it’s all due to the new zones. So, thank you Newton, Akehurst, and councillors for unleashing this tsunami of inappropriate development into our quiet residential streets – all done of course in secret, and behind closed doors.

We urge all readers to note the following screen dumps carefully because they reveal exactly what is happening and the tactics that are now being employed.

  1. Instead of planning applications there are now ‘concept plans’ inviting developers to buy
  2. No planning permit exists for this site, according to council’s planning register. No application has even come in as yet.
  3. Height and density are the biggest selling points
  4. Note the idealistic glorified design – with so much green, green, open space around!

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bent2PPS: we just couldn’t resist this stunning offer to be ONE OF 83 UNITS in Elsternwick. Design of building is something else again – like the Mad Hatter’s tea party perhaps?

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Wouldn’t it be fantastic if the residents of Glen Eira had a council that was upfront, direct, and fully transparent? Wouldn’t it be fantastic if residents knew how much money was going down the drain, wasted, misspent on lawyers, stuff ups, and countless other ‘irregularities’? Alas, this is definitely not the way council functions.

Last council meeting saw a public question asked about Duncan Mackinnon pavilion. Readers will remember that apart from being years and years behind schedule, plus the fact that originally the stated price was around 6 million and then ballooned out to 10 million, there were plenty of other problems. Maxstra, the original main contractor ostensibly got the boot and another contractor replaced this company. The pavilion is still not finished! Here’s what the public question asked and council’s response –

What exact sums of money has Council paid to Maxstra Constructions prior to their dismissal as major contractor for the Duncan Mackinnon pavilion? Are funds still payable to Maxtra following the termination of their contract? And, what were the total invoiced costs for legal advice regarding the termination of the contract?”

“Maxstra Constructions have been paid $2.81 million. Whether any other payments are due them cannot be determined until all works are completed. As the balance of the work was taken out of Maxstra’s hands no legal costs have been incurred in relation to a termination because a termination has not occurred.”

Going back into history, it’s worthwhile considering the following as well.

  1. On the 22nd May 2012, council awarded the contract to Maxstra for the amount of $9,744,651.52
  2. On the 10th June 2014 a new contract was awarded to Fimma for $8,185,711.67

Doing our maths, things just don’t add up. If Maxstra has already been paid $2.81 million, with the possibility of receiving even more, then does this mean that the Duncan Mackinnon Pavilion project is literally MILLIONS OVER BUDGET?

We also can’t accept that there will not be any further wrangling over these sums, which potentially means more lawyers, more courts, more settlements, and more cost to residents. Nor can we believe that a company like Fimma would undertake work for a set price and then be prepared to have that sum whittled way down.

For years now there has been a stony silence concerning this project – no upfront public announcements of what’s really going on. Just a buried sentence or two in annual reports (that 99% of people don’t bother to read). So, how about a simple, honest answer to these questions councillors?

  • How much over budget is Duncan Mackinnon pavilion?
  • Can residents expect more legal battles? And how much is this likely to cost?
Bentleigh garden supplies land sells for $4 million, developer plans multi-level retail and apartment complex
Kevin Broadbent of Broadbent Garden Supplies, recently moved his 70-year-old, three gener

Kevin Broadbent of Broadbent Garden Supplies, recently moved his 70-year-old, three generation Bentleigh business, and the land has just sold for over $4 million. Picture: Derrick den Hollander

A Bentleigh garden supplies centre has sold for just over $4 million, cracking the $4000 per square metre mark for the first time in the suburb.

Frank Ruffo, director of Hodges Bentleigh, which managed the sale, said auction of the generations old business, Broadbents Garden Supplies, attracted 22 bids, with 14 bidders vying for the prime piece of real estate on the day.

He said the international developer who bought the property for about $4600 per square meter, has plans to turn the 324 Centre Rd site into a multi-level retail and apartment complex.

Mr Ruffo said his agency knew the prime spot would garner interest, but the final price surprised even them.

“We had aspirations around $3 million and something, we just didn’t think the extra something would be an extra million and ten thousand dollars” Mr Ruffo said.

He said the 14 bidders on auction day were all developers, which was indicative of the “seachange” happening in Glen Eira.

New planning zones and changing demographics have made Bentleigh a “highly sought after suburb where developers were keen to get a foothold,” he said.

Recently another developer, Launch Corporation, also bought up seven neighbouring properties on the corner of East Boundary Rd and Centre Rd for just over $6.5 million.

On the 3,415sq m site they plan to invest somewhere between $60-$70 million to build a mixed-use development of about 100 apartments and five retail outlets.

“There are a lot of developers inquiring about finding land in the area, and it’s a trend that’s growing,” Mr Ruffo said.

“Over the next 10 years, we’re going to see a dramatic change in Bentleigh.

“When you walk down Centre Rd, instead of seeing the traditional two-storey Art Deco buildings, you’ll start to see four or five storey buildings in their place.”

For the record, Broadbents is still operating, having moved to South Rd, Moorabbin.

COMMENT

  • Forget 4 or 5 storeys. The land is zoned Commercial and in order to fit in 100 apartments chances are the building will be more in the order of 7 or 8 storeys.
  • Where are the cars from 100 units going to park? How many will be single bedroom chicken coops? Broadbents is close to Aldi, and other popular shops – not to mention Mavho and Loranne Streets that are now seeing applications for 4 storeys and heaps of units.
  • Where is Council’s parking precinct plans promised over a decade ago but yet to materialise?
  • Will resident rates be paying for all the extra drainage infrastructure required rather than the developer?
  • When will councillors start grappling with the planning problems they have so successfully unleashed? – when everyone currently living in Bentleigh, McKinnon, Carnegie sells out to more and more developers so that Bentleigh can officially turn into the next decade’s slums? This like everything else (environmental sustainable design, size of apartments) is never council’s problem but always a state problem!
  • And what of open space (both private and public). Oh yes, we mustn’t forget the Centre Road rotunda that was also the subject of ‘community consultation’ over three years ago and not a whisper since. But Bentleigh is not Elsternwick, is it?

PS: Just to highlight the insanity, if not straight out incompetence of the new zones, the planning map below is worthy of consideration. If the Broadbent site does reach 8 storeys, then what ‘protection’ is provided for those residents living directly behind in a neighbourhood residential zone (Campbell Street) or even those residents living the other side in Mavho? Allowing NRZ to directly abut commercial is not strategic planning – it is lousy planning in spades!

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Two things stand out like sore thumbs when it comes to development applications and the submitted plans:

  • They are often inaccurate and simply WRONG
  • Council has no intention of doing its own required homework. They are more often than not content to rely exclusively on the developer’s documentation – especially on such vital aspects as traffic management and overshadowing.

Recent planning conferences verify the above completely. There have also been some incredible statements that have issued from the various architects and planners working for the developer. For example:

On the Belsize, 4 storey and 52 dwelling application the planner conceded that the balconies (which encroached on setbacks) were largely there for ‘aesthetic’ value. Otherwise the building would look ‘like a box’!!!!!! Topping this off was the comment from the project architect when it was pointed out that the ‘standards’ on permeability, etc. had not been met. His response? – Under the standard it allows for breaching. Needless to say this was met with howls of laughter!

When residents raised concerns about the water table and what damage excavating for a double underground car park would do to the table and surrounds, the response from both the council and developer planner, was that there was no Melbourne Water Overlay on the property. That of course doesn’t answer the question and nor does it safeguard residents since the permit can be issued, problems subsequently confronted, and the damage is done. The $64 question is whether any of these things will even get a mention in the officer’s report and recommendation? And even if it is mentioned, has there been ‘consultation’ with appropriate engineering expertise?

Residents also picked up numerous ‘clerical errors’ and what can only be described as inadequate traffic reports from developers. The Penang Street planner admitted that the submitted plans included dwellings that were marked as two bedroom, which were in fact single bedroom dwellings. But it got a lot worse. According to the submitted shadow diagrams, everything was hunkey dorey! There was no overshadowing that did not meet the ResCode standards. Or so they would like everyone to believe. It was only when one resident pointed out that she had photographic evidence of a current room full of sunshine that would now be facing a three storey blank wall, that the ‘inaccuracies’ of the plans were revealed.

Some of the best quotes however came from the Loranne St (4 storey, 42 dwellings) planning conference. Hyams, who chaired the meeting, is literally starting to sound like a broken record! Once again he began the evening with assertions that the new zones did not add to development and that anyone who was telling people something different must have ‘political motives’. The plans that were available were practically indecipherable so that it was impossible to ascertain the sizes of each apartment. Also missing from the handout was the requisite shadow diagram for the equinox – ie September 22nd at 3pm!

Rachel Bowden represented the developer. We remind readers that she was at one time a senior planner for Council. And didn’t she sound it! Council’s public relations department could not have done a better job than the praise that Ms Bowden lavished on council! We guess that the planning/development circles are small, and certainly incestuous! When it came to answering questions about ‘quality’, all Ms Bowden could provide as an answer, were statements about setbacks, height, and how everything was in accordance with the planning scheme. Not a word of course about basic internal amenity in relation to quality – except that the developer would ‘keep’ some of the units and therefore have control over the Body Corporate. The implication being that this was unlike other developments. When pressed as to whether this meant they would be ‘rented’ out, the answer of course, had to be ‘yes’. Oh the games that these people play!

Our advice for all future objectors on any development is:

  • Check the developer’s plans carefully and ensure that they are accurate in every single respect
  • Check the accompanying traffic report – make sure that the ‘survey’ was conducted at a reasonable time and on more than one single day – ie the Penang Street traffic survey occurred on one single day at 9am and again at 7pm. Totally inadequate since there is a retirement village right next door and visitors are not likely to be parking and filling up the streets before 9am and certainly not much after 7pm. Some of the Penang people also went to the trouble of ‘measuring’ the supposed car parking available spots. Guess what? – the plans were wrong again!
  • Harass, harangue every single councillor. Get publicity! Tell your neighbours, tell your friends. Tell anyone who will listen that your problems will soon become their problems because of the Glen Eira Planning Scheme and the councillors who permitted this to occur in secret and without community consultation.

Finally, that old chestnut of planning decisions. Each and every time residents are told that the officer’s decision on the application will be made available on the FRIDAY afternoon. Council meetings are on the following Tuesday evening. As we’ve stated ad nauseum – people work; people may be reluctant to intrude into councillors’ weekends. That basically leaves two days for residents to absorb the detail, and attempt to lobby councillors. Not good enough. We see no reason why officer decisions on any planning application should not be made available far earlier. Councillors receive their agendas at least 8 days prior to the council meeting. Why should residents only have a few days?

And why oh why are all of these extremely important planning decisions all being crammed into the one single council meeting? What that means is that we estimate that each item will be lucky to receive 5 or 10 minutes of ‘debate’ time. Not good enough when people’s lives and lifestyles are being decided. The advantage for council is of course that everything is done and dusted in the one 2 or 3 hour period. The more the merrier, so to speak, so that everything blurs into one time slot and the pressure cannot be repeated meeting after meeting. This has traditionally been council’s tactics. All decisions of major import somehow manage to find themselves on the one single agenda. Coincidence? Not bloody likely we say!

Thank you to one of our readers for alerting us to the changed Trustee website. Changes have occurred in that:

  • Minutes are now published
  • Financial reports are now published

However, the minutes clearly reveal the ongoing reluctance of the MRC to fully embrace the reforms recommended by the Auditor General. Leases remain in limbo with extension upon extension and master plans ‘progress’ at glacial pace. At this rate we have no real confidence that total reform is even close. It must also be borne in mind that on the topic of the removal of training there is stunning silence from all and sundry – including our councillor reps.

See the following links in order to access the minutes:

February 2014 – http://www.crrt.org.au/Portals/0/Downloads/Sep14/CRR_TRUSTEES_Minutes_180214.pdf

August 2014 – http://www.crrt.org.au/Portals/0/Downloads/Sep14/CRR_TRUSTEES_Minutes_070814.pdf

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Council’s continual spruiking that the zones represent a ‘neutral translation’ and that nothing can now happen that could not happen before is sheer bunkum. Countless properties are now under threat for greater building heights, and far more intense development than previously. This is particularly evident in those areas now zoned as Residential Growth. The following VCAT cases illustrate this perfectly.

CASE ONE – The Silver Arc Pty Ltd v Glen Eira CC & Ors [2013] VCAT 320 (20 March 2013)

This application was for a THREE STOREY DEVELOPMENT and 10 dwellings at 32 Mavho St, Bentleigh. It is now zoned RGZ and hence ‘suitable’ for a four storey development. There is also a current application for 24 Mavho Street for a FOUR STOREY DEVELOPMENT and 28 dwellings!

Council’s refused the earlier (32 Mavho St) application. VCAT approved the application. At the hearing, Council’s representative, Mr Crack, argued that Mavho Street has experienced a moderate amount of redevelopment in recent years and he submitted that although the emerging character is varied, ‘it is typically one of larger buildings not exceeding a two storey scale, with three storey apartments style development confined to business zoned land at the southwest corner of Mavho Street and Centre Road and a converted former church building situated at 12 Mavho Street where the third storey is largely contained within the roof space’.

Whilst Mr Bastone (for developer) agreed there were to date no three storey infill developments in Mavho Street and the parallel streets, south of Centre Road, he submitted policy strongly supports such developments. He highlighted several higher developments that have or are to occur in Centre Road and noted that the character of the area will increasingly change.

Conclusion? – Developers can now with confidence apply for 4 storey developments of far greater density and know that their chances of success with both Council and/or VCAT are practically assured!

CASE TWO – Fredman Malina Planning v Glen Eira CC [2012] VCAT 197 (22 February 2012)

This case involved an application for THREE STOREYS AND 26 DWELLINGS at 23 Bent Street, Bentleigh. It is now zoned Residential Growth – again ripe for 4 storey development. Council had refused this application – VCAT granted a permit. At the hearing council argued as followed – Council acknowledged that a site of this size could accommodate a three storey building however had concerns regarding the extent of the third level combined with its side setbacks, in that it would provide an overly dominant form particularly when viewed from the private open space of 25 Bent Street to the north which is a single storey dwelling.

So, what was ‘dominant’ 2 years ago, now morphs into acceptance of 4 storeys.

The other important factor about this development is that the size of the land was over 1000sqm. Recent multiple lot sales in Bent St are in the order of 1300sqm. According to a past item in The Age, the developer’s dream is a four storey and 60 unit development!

There are countless other such cases that we will continue to highlight over time. But the take home facts are clear:

  • Residents living in Residential Growth Zones have been materially impacted to their detriment by the new zones.
  • Residents living within cooee of Activity Centres and main roads are also in the same boat.
  • Prior to the introduction of the zones, very few applications (apart from Carnegie and in Glen Huntly and commercial centres) came close to the densities applied for now. With no real protection provided, residents in these areas are in for an almighty shock given the current rate of development.

PS: And here’s another example that gives lie to the claim that the zones represent a ‘neutral translation’. The image below is for a 2 lot combined sale. It is zoned Residential (ie. minimal change). However, due to the size of the land it will now come under the standards/guidelines NOT OF THE minimal change area, but the GENERAL RESIDENTIAL ZONE. Potentially, 3 storeys and countless units! How many other large blocks of over 1000sqm are there in so called ‘protected’ minimal change?

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