Councillor Performance


The image seen above comes from page 20 (of 424 pages!) from the current agenda. The Item concerns the controversial rezoning of the corner of McKinnon and Wheatley Roads to a Mixed Use zone with a 4 storey height limit. It is currently zoned Industrial 3 and hence not available for residential development.

We urge readers to carefully note the highlighted sections since:

  1. This is the first time in living memory that council has finally admitted that the Mixed Use Zone is classified as ‘residential’ according to its planning scheme! Previously all references to ‘residential areas’ have been cited as Neighbourhood Residential Zone, General Residential Zone and Residential Growth Zone only.
  2. Residents have objected on the basis that the land should be rezoned to GRZ in keeping with its proximity to surrounding residential properties. Whilst council admits that a GRZ rezoning ‘could also comply’, there is not one single sentence in the officer’s report which seeks to explain, much less justify, why this alternative zoning solution is not mentioned again or even considered. Given the real possibility that the ensuing planning application could include merely one shop or office, and 50 or so units, then we do not see that this will have any real impact on residential profits for the developer!
  3. The quoted planning scheme policies, also emphasise either ‘residential’ exclusively (ie grz) or, ‘residential or mixed use activity where appropriate’. Whether or not the proposed site is ‘derelict’ is of course another issue entirely.

Thus we have a situation where council has completely ignored 186 objectors (and 6 supporters) and instead of considering even the possibility of rezoning to GRZ or abandoning the amendment entirely, have recommended going to a panel. Given the location of this site surely a decent discussion of the most appropriate zoning needed to occur. Instead we get a recommendation that lacks transparency in our view, as well as justifiable validity.

PS: for an interesting comparison, we remind readers of a recent Amendment for North Road Ormond (C121) where the site was rezoned from Commercial 2 to Mixed Use Zone with its own special MUZ Schedule of NO.3. The height limit for this particular amendment  was a mandatory maximum of 10.5 metres! In McKinnon Road the proposed height is not merely 10.5, but 14 metres – well and truly above even the Residential Growth Zone stipulated heights! Thus, where there’s a will, there’s definitely a way! Here’s the North Rd site –

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PS – FINALLY THE ‘SLAP ON THE WRIST’ TO COUNCIL FROM THE ADVISORY COMMITTEE REPORT

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For all the talk about ‘consultation’ the single thing that residents have been clamouring for over the past few years is being totally ignored – a review of the residential zones.

The image above provides clear, unassailable evidence of how disastrous the implementation and maintaining of the current zoning has been. Please note carefully:

  • The vast majority of development since the introduction of the new zones HAS NOT OCCURRED in those areas zoned as Commercial – which is what the planning scheme states should happen. Instead, street after street has been destroyed because it is zoned as suitable for 4 storey development.
  • Many of these streets are not within cooee of the railway station (circled in red) which is the reason for designating these areas as an ‘activity centre’. They might be 400-600 metres away from the station, but only as the crow flies. Walking distance (ie properties in Mimosa, Beena, etc) would make these sites at least one kilometre from any railway station.
  • Activity centres are also supposed to incorporate community facilities such as open space. The map reveals not a skerrick of nearby open space!
  • Other councils do their structure planning on the basis of recent Housing Strategies. Glen Eira’s fossilised strategy originates from 1998 data. Yet, we now have the spin about structure planning that will extend over the next 10 to 15 years, WITHOUT any new housing strategy!
  • Even Matthew Guy had enough sense in his July 2014 directive to mandate – A planning authority must use a housing strategy to inform the balanced application of the three residential zones. We assume that Guy’s order would presume recent analysis and data, since those councils who chose the option of going to a committee for the implementation of their zones were told that their proposed zoning couldn’t go ahead since their data is too old! Glen Eira as a result has no strategic justification for its implementation of the new zones according to what the committee told numerous other councils!
  • Guy even states – A planning authority must evaluate and monitor the implications of the application of any of the three residential zones within two years of their gazettal into a planning scheme. Planning authorities must specifically assess the affect of the residential zone(s) on housing supply, housing prices, infill development site land prices and the availability of land for infill development but are not limited to those matters. Three and a half years down the track and residents are yet to receive any decent ‘report’ as to the efficacy of all the zones – are they working? Where is development really going? What needs changing? How best to protect residential amenity?
  • Residents also should realise that when Amendment C25, which created the Housing Diversity/Minimal change areas in Glen Eira, the panel appointed to evaluate the amendment clearly saw this as an ‘interim’ measure. The word ‘interim’ was used over 20 times in their resulting panel report. Here is one example of what was stated – The boundaries of the neighbourhood centres identified in the amendment are considered by the panel as interim at best. Thus, we are stuck with ‘interim’ housing diversity borders and for the past 17 years no inclination by Council to do what it promised – ie review the areas and implement controls that will protect residents.

The take home message is that unless these councillors have the courage to admit that disastrous mistakes have been made, the rot will continue until the bottom falls out of the housing market. We simply ask:

  • Why can’t the borders of housing diversity areas be reduced given the fact that instead of the required 600 new dwellings per annum, Glen Eira is now accommodating over 2000 net new dwellings per annum?
  • Why should suburbs such as Ormond have over 40% of its area designated as suitable for 3 storey developments? – especially when large swathes are zoned as heritage?
  • Unless there is a comprehensive review of the zones, then residents have every right to label this council not only as incompetent, but negligent in its duty.
  • Creating structure plans only for the Commercial areas will not solve the problem of street after street being over-run with substandard dog boxes. This isn’t planning. It is cow-towing to the development industry and the refusal to admit that the Newton & Akehurst vision for Glen Eira is a total disaster, especially when residents have had no say in what happened!

As a reminder of the human cost involved, we re-publish an email we received a while back from an Elliott Street resident. It spells out everything that is wrong with planning in Glen Eira –

We live in the house next to the 51 units, 4 storeys, 3-9 Elliott Ave. It is on our north side! We will also be opposite 60 more units in Elliott Ave. Only 6 out of 20 houses left in our part of this small suburban street…… what can we say. We explored all avenues including going to VCAT, employing a Planner for quite a substantial fee. We achieved some minor concessions with shadowing and setbacks. It has been an exhausting process. I wonder if we are completely stupid to continue to stay here after 36 years, enjoying the peace and convenience of living in Carnegie. However, all has changed. The council has won. The peace and joy of living here is shattered. We will stay and see how things pan out. The world is changing at such a rapid pace around us and I’m afraid we’ve lost faith in the Council and its concern for the community. We will look back in a few years time at the implementation of these zones and wonder how it could happen. In a bizarre way it makes me empathise with the first people of our country and the bewilderment of colonisation! Rapid change can leave a community depleted.

Another planning conference tonight on the 9 storey application for Centre Road, Bentleigh. Another round of listening to outraged residents. Another round of hearing complaint after complaint about council’s lack of adequate planning, council’s failure to inform residents, and council’s failure to provide sufficient notice of the meeting.

It is unacceptable that the planner tasked with presenting the application doesn’t even know where the site fits into the submitted draft interim height control guidelines. Initially the attendees were told it is in the requested mandatory 4 height limit. Residents had to correct him and state that ‘no’ – the site is in the ‘discretionary’ 5 storey height limit! Not good enough by a mile.

Nor is it good enough that a resident living 10 houses down from the site wasn’t notified by council. She found out via an anonymous letter placed in her letter box. Another example of residents doing council’s work! Nor is it good enough that several residents complained that they were only notified of the meeting this morning, and luckily they had decided to check their emails – otherwise they wouldn’t even have known the meeting was on.

Informing people should be the basic duty of council. A 9 storey application must surely qualify as a ‘major development’. This should appear on council’s website – preferably on the home page. The plans should be uploaded and dates and times for every planning conference, or delegated planning committee also published on council’s website – as plenty of other councils do.

In regard to ‘advertising’, surely something as significant as a 9 storey application deserves to be highlighted to all surrounding areas and not merely the legal guidelines of ‘adjoining’ properties. Clear and precise policy should be followed – especially since it is NOT COUNCIL who pays for the letters, but the developer.

All this simply boils down to either incompetence, or the desire to keep the public ignorant. Either way it is par for the course when it comes to the Glen Eira version of transparency and community involvement.

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Apologies for the jumbled mess – hard to get all the ‘signage’ in given the amount of development. We’ve undoubtedly also missed some, especially along Centre Road. Not all double storeys are included, whilst the handful rejected by VCAT are included given that the developer will undoubtedly have a second go. Needless to say the vast majority rejected by council will also eventually get their permits, albeit with a dwelling or two chopped off.

We would welcome feedback on the following:

  • Has anyone seen any recent drainage works in any of these streets?
  • Has anyone had any traffic management works in their streets?
  • Has anyone seen parking officers patrolling these areas?

For at least the past decade the two main issues that have occupied residents’ minds has been (over)development and traffic management (including parking). Each successive council plan has noted this. The planning scheme since time immemorial has promised to introduce parking precinct plans. Such plans have never materialised.

Over the past year council has, without consultation, created havoc in local streets by changing existing parking restrictions. First there was Phillip Street in East Bentleigh (see: https://gleneira.wordpress.com/2016/06/08/councils-parking-management/). Next came the streets around the town hall and the Caulfield Hospital – again without consultation. Council’s response back in June last year was that the new restrictions will be ‘reviewed’. Item 9.7 constituted this ‘review’. The ‘recommendation’ based on the so called ‘surveys’ was that there was ample parking available so nothing much needed to be done except to work with the hospital and to close their pedestrian gates so people won’t be able to get through and therefore not park in these side streets.

The ‘debate’ that ensued on Item 9.7 is fascinating for several reasons –

  • Silver with his statement that ‘it’s a numbers game’ confirms what we all already know. Decisions are not made in council chambers, but behind the scenes at assemblies. If it were any different, his motion to delay further would not have occurred.
  • Since practically every single councillor who spoke confirmed that there was a major problem with parking and safety, then how can these councillors accept the officer report which concluded that there is now a reasonable on-street parking supply that balances the diverse parking needs of the community
  • If it is a ‘numbers game’ then it is incumbent, according to the councillor code of conduct, for councillors to be accountable for their decisions in the council chamber. Davey and Taylor failed to utter a word to justify their vote and Athanasopoulos’ comments were largely irrelevant to the issue!
  • If councillors weren’t happy with the fact of no consultation, then why wasn’t there any resolution to either update the archaic 2002 ‘policy’, or rescind the appropriate delegation, or simply move a resolution which mandated public consultation? Apologies in our view only go so far unless there is action to implement the change desired!

Residents attended in force on Tuesday night. Their anger and frustration was palpable. Here is some of what they said.

RESIDENT #1 – named all the streets that are affected by parking changes around the Caulfield Hospital site and ‘your responsibility is to us, not the public hospital’.  Whilst applauding the government’s investment in health care it shouldn’t be at the expense of the local community. He also accused council of not adhering to its own policy on carbon reduction by increasing traffic, and pollution in the area. Claimed that it made no sense to have restricted parking on main roads like Hawthorn and Kooyong but all day parking in narrow side streets! Asked ‘who thinks like that?’.

RESIDENT #2 – said that staff parking at the hospital is $2.50 but she can’t get out of her driveway and didn’t realise that the hospital could take over her land. Stated that no other hospital such as Cabrini or the Epworth does this.  Reiterated that council’s major responsibility should be to its residents and not to the hospital. Complained about merely getting a letter with no consultation, telling them that this would be done without warning. Wondered if council had any idea how many people lived in these streets, how many cars they had, how many kids, etc.

At this point Delahunty apologised for the lack of consultation but also said that it wasn’t a decision made by councillors!

RESIDENT #3 – started by saying ‘I am mystified’ on what ‘grounds’ the decisions on parking were made. Said that as soon as one side of Sylverly Grove was made all day parking  the street is jammed with traffic. ‘It amazes me. Doesn’t this council have traffic engineers?’ Wondered about council’s transparency. The website contains all the appropriate ‘touchy feely’ words about consultation he just wanted to know ‘on what grounds, the basis, of the decision to change parking restrictions’. Ended by saying ‘I haven’t seen them and I would be amazed if they exist’.

There was also a question as to whether council could provide any parking fine figures for those cars parked in the 2 hour spots. Delahunty responded with ‘probably not’ without notice and she ‘acknowledged’ that ‘monitoring needs to step up’.

Another resident queried the methodology used in the officer’s report since about a dozen streets were listed and the number of vacant spots were noted on an hourly basis. Therefore, did the surveyors have 20 people walking the streets every hour and counting? Council were asked to also include an explanation of methodology in all their reports. Delahunty admitted she had no idea as to methodology. Torres responded by saying that there are ‘staff on the streets’ who do the counts. One resident chimed in and said that he had never seen anyone counting in the street at 7am

There was then a motion to have Item 9.7 dealt with at this point in time instead of later. Passed unanimously.

Silver moved motion to accept recommendations plus that a ‘further report’ be presented in April and that the community plan include as a ‘priority’ traffic management. Sztrajt seconded.

SILVER: started off by saying that he would ‘prefer to stand up and say’ return 2 hour parking ‘right now’ but ‘unfortunately this is a numbers game’ but the main problem is the ‘gate’ at the hospital. His proposal is that ‘we’re not changing right now’ but to tell the hospital to close the pedestrian gates. Said that ‘people should not feel marginalised’ ‘simply because they are not happy with changes to parking restrictions’. Claimed he saw the problems in Sylverly and the bottlenecks created and ‘risks’ that happen on turning into intersections. ‘Ideally we would be changing the restrictions back now’ but ‘it’s best not to take a street by street approach’. The report and motion offers a ‘consistent, thorough approach’  and ‘puts the ball squarely in the hospital’s court’ and once the gate is ‘closed’ will this ‘settle things down’. ‘Ideally I would like to restore them (conditions) now’ but ‘it is a numbers game unfortunately’ and he assures residents that if this doesn’t work then they he will favour restoration. ‘I would like to be announcing a different motion but it is a numbers game’.

SZTRAJT: started by saying that the community ‘has spoken’ on this and he doesn’t think ‘that there are councillors here who want’ the situation to ‘continue’. Claimed that the ‘reality’ is that the hospital charging its staff for parking has ‘ultimately created the circumstance’. So ‘if we are going to offer free parking right outside the hospital’ via the 2 hour parking spots, but this won’t be the ‘ultimate’ fix. The ‘ideal fix’ is to have hospital staff ‘parking at the hospital’ and for residents to be able to park for longer than 2 hours. The ‘way to do that’ is to ‘close’ the gate so ‘council needs to implore the hospital’ to do so. If this happens then the hospital could even get more money in because more staff would be parking there. The hard part is that ‘council needs to have a view beyond’  one street. So the motion is ‘let’s look at the immediate solution of closing the gate’ and then have traffic management investigate the impact ‘in the entire area’. Solving parking in ‘one street is going to move to next street’. Closing the gate is ‘going to make residents happy’ and help solve ‘what is a growing issue for residents’.

ESAKOFF: was against the motion because she thought ‘this needs immediate action’. Thought that the ‘reversal’ of restrictions was ‘very unfair’. Said she said she’s driven down all the streets and ‘found them very heavily parked’ and ‘generally speaking they were all appalling’.  There was also the worry that driving through these streets there was the ‘fear that you wouldn’t get out the end of them in one piece’. ‘They were atrocious’. Thought that what should happen is to ask the hospital to close the gate but also ‘not wait til April’ and ‘see if this fixed the problem’ in all these streets affected by the hospital. Said that people are ‘inherently lazy’ so once the gate is closed the problem should ‘sort itself out’. Stated that ‘parking is required’ for every development application that comes to council and ‘wasn’t sure’ if hospitals were exempt from this requirement. Torres responded that they ‘don’t need’ planning approval on this. ‘We cannot impose a parking scheme on the hospital’.

MAGEE: said he will ‘support the motion but I don’t like it at all’. Believes that ‘every councillor’ gets at least 3 or 4 parking enquiries from residents. The same issues occur around schools and railway stations. ‘To be constantly tweaking and changing’ for this area, then that area’ isn’t effective. Said that council has done ‘traffic studies before’ but things ‘change so quickly’. The hospital ‘knows very well the issues’ and the problems with parking. No-one likes their streets having strange cars parked there but ‘to simply keep reacting’ and changing things, when ‘really what is needed is a holistic approach’ that goes forward into ‘the next decade, the next 2 decades’ on parking and traffic. Council needs to ‘fix’ these issues but ‘it has to be science based’ and looking at ‘who’s coming in, who’s leaving’ and the ‘demographics for the future’. He would ‘hate to push the traffic out of these five streets into the next five streets’ and then ‘in 6 months time doing exactly the same thing again’.

ATHANASOPOULOS: said the first thing he asked was ‘was there consultation done?’ and that he is ‘really a firm believer’ that as ‘this collective group’ ‘we go out to the community first’ before making any decision. He ‘believes’ that ‘our council is also supportive of that outcome’.

HYAMS: said that as a council they have residents who want to be able to park in their streets and ‘exit their driveways’ and on the ‘other hand’ the ‘streets are public assets’ so the ‘question is getting the mix right’. Said that ‘we have a policy’ that prior to any imposition of parking restrictions ‘we always consult with the residents’ and ‘we’ve learnt that we also need to extend this policy for when we change parking restrictions’. Claimed that ‘we didn’t cause this problem, the hospital caused this problem’ by starting to charge fees. (at this point residents called out ‘you are talking rubbish’. Another resident said ‘I am disappointed at the standard of this local government’). The surveys found that ‘the streets were underparked – on the whole’. He acknowledged the frustration in ‘driving around’ all streets ‘looking for a parking spot near a facility’ and the streets happen to be empty but they are all 2 hour parking. Thought that ‘this motion at the moment strikes the right balance’.

SILVER: said he understood that residents ‘aren’t happy with this decision’ and admitted that ‘there should be consultation in the first place’. Thought that the mayor’s apology was ‘very appropriate’. Continued that council ‘would take the steps to ensure there is less traffic in the streets’ but ‘restoring the restrictions’ is not the way to go. Residents ‘should have been consulted. We are consulting now, belatedly, we are going through the process’. ‘we are going to get less traffic either way’ – that is closing the gate or greater monitoring.

MOTION PUT AND CARRIED.

VOTING IN FAVOUR – SILVER, SZTRAJT, HYAMS, MAGEE, ATHANASOPOULOS, DELAHUNTY, DAVEY

VOTING AGAINST – ESAKOFF

A short, preliminary report on last night’s lengthy council meeting.

Item 9.1 (19 storey Kooyong Road application) created a first in Glen Eira. Instead of cramming scores of the public into the chamber, this item was moved into the larger hall with councillors and officers up on the dias and supplied with microphones. As expected, the application was unanimously refused. Delahunty moved an amendment that should the developer decide to go to VCAT, then council would be asking the Minister for Planning to ‘call the application in’. This effectively means that it is the Minister who would, under these circumstances, be making the decision.

Following this item the meeting resumed back in the chamber. Many residents were present to hear the outcome of the parking restriction items – especially those streets around the Caulfield Hospital. In line with previous meetings there was the suspension of standing orders for the gallery to ask questions for 15 minutes. Council and councillors received the most scathing criticism from several people for their failure to consult, to be transparent, and to employ basic common sense. Delahunty did apologise on behalf of council for not consulting when this issue of changing the 2 hour parking layouts occurred. The report and the final decision (to basically do nothing except wait some more) resulted in many residents walking out in disgust.

This issue has now been allowed to continue for at least 9 months. We remind readers that council’s so called ‘policy’ states that parking decisions will be made with a survey of the streets involved. This was not done, and it is not being done now. Please refer to our previous posts for details and how other council approach such issues –

https://gleneira.wordpress.com/2016/07/23/parking-glen-eira-versus-moonee-valley/

and

https://gleneira.wordpress.com/2016/06/20/q-a-2/

For the nth time a request for a report by Taylor on the possibility of community gardens was passed unanimously. Terrific stuff, since this issue has been around since 2003!

We will provide a far more detailed summary of the ‘debates’ in the days ahead.

A new record low in public relations has been reached by Glen Eira City Council. The issue relates to the draft amendment for McKinnon Road, McKinnon. In an unprecedented move the Planning Conference was arbitrarily designated as ‘by invitation only’. No sound reasoning was provided for this new move to stifle community involvement. Instead, anyone who bothered to question the rationale behind such a decision was provided with the pro forma response sent out to all questioners by Delahunty.  She wrote:

As you know we are currently reviewing all aspects of our planning process, including our Planning Conference processes. As part of this review we will trial different approaches, and seek community feedback before implementing permanent changes.

From time to time there are contentious or sensitive applications that, in our view, require a slightly different approach in order to ensure that community views are able to be heard in a safe, welcoming and respectful environment.  This Council is absolutely committed to transparency, but we are similarly committed to a no tolerance approach to racism, bullying and inappropriate behaviour.

The application for 88-100 McKinnon Road is an example of a more sensitive application.  For this reason only those who have made a formal submission through the advertisement process will be able to attend.

Please encourage those who are in contact with you to give me a call if they need further explanation.

But the best was yet to come! At the actual Planning Conference held last week, POLICE WERE PRESENT. Residents were told that they were there in order to PROTECT THE DEVELOPER from angry residents. It is indeed a very sad state of affairs when residents, who have every right to attend such a meeting (regardless of whether or not they are formal objectors) are firstly denied access, and secondly, treated as potential hoodlums.

Surely council would be better off spending our hard earned dollars, not on hiring armed police, or drafting obnoxious and spurious  excuses for its decisions, but instead accelerating its stated planning scheme work!

There are many questions that need to be answered on this set of events:

  • Did all councillors know that these decisions had been made?
  • If they did, then did they support them?
  • Who made the decision? When was it made?
  • On what basis was such a decision made? – and please no bogus claims about ‘damaging’ developer’s property or his need for ‘protection’!
  • Is this the course that council has set itself for the next few years? Is there actually a ‘policy’ which outlines the circumstances that police are ‘invited’ and residents excluded?
  • How will any of these actions solve the root problem of inadequate and negligent planning?
  • Given all the community angst, how on earth can council still claim that there is enough development potential in Glen Eira for the next 100 years as stated in their submission to Infrastructure Victoria?!!!!!!!!

Finally, what on earth was council trying to achieve through such actions except to alienate more of its constituents and to again prove how little respect is held for residents.

No surprise that the recommendation for the 19 storey Calvary Health application is a refusal. With over 300 formal objections, wide media coverage, Wynne’s  call for Council to ‘get it right’ and the absurdity of what is undoubtedly an ambit claim, council was left with little option.  Trouble is that they have certainly not done residents a favour with the resulting officer’s report. If anything it has handed the developer enough ammunition to turn council into a laughing stock at VCAT.  The report is incompetent, and worse, deliberately misleading! Here’s why!

One of the major reasons for refusal is council’s sudden interest in open space.  We’re told:

The proposal is inconsistent with the City of Glen Eira Open Space Strategy (2014) as: The proposed public open space is of insufficient size to serve the open space needs of the existing and/or future population.

The area is said to be 457 square metres and consequently not large enough for public open space according to this version of reality. Trouble is that the cited Open Space Strategy (OSS), and the Planning Scheme itself says nothing of the sort! Yes, the area is designated as a ‘gap area’ requiring the creation of 2 Small Local Open Space parks. Clause 22.02 states that the size of such parks can be –

oss

Then on page 75 of the OSS we find the following – the area allocated for Small Local open spaces range in size from 300 sqm up to 2,499 sqm and the larger sized spaces can accommodate large canopy trees.

457 square metres is acceptable as public open space according to both the Planning Scheme and the OSS. Further, council suddenly requires that the open space within the development itself has the capacity to not restrict the type of activities that could take place there.

Once again the OSS disagrees with this statement – Minimise duplication of facilities in Small Local open spaces to provide a diversity of recreational activities in open spaces within a local area, e.g. one Small Local open space could be predominantly for play facilities, while the next provides passive seating and open grassed areas. (page 261). In other words, Small Local Open spaces should be treated as unique sites and not be seen as providing options for multiple users and uses.

We also get the demand for a land contribution instead of a cash payment. Whilst the OSS and the Planning Scheme does list council’s preference for a land contribution here, nothing is mandatory. Council ‘may’ request a land contribution if they so wish, or opt for the cash alternative. Which they so happily did with the Virginia Estate amendment that is also listed as suitable for a land contribution. The Gillon Group then revealed that they had offered land but Council insisted on cash. Why the inconsistency is of course the crucial question.

Next there is the question of ‘neighbourhood character’ and council’s ‘policies’. We agree that 19 storeys is a joke. But so is the Planning Scheme and its ‘summary’ of ‘neighbourhood character’ in this area. The fact that any ‘policy’ can be so general, cover such an immense area, and be so wishy-washy, is hardly something that can be relied upon at VCAT!

Character Area 9: Elsternwick – Caulfield South

Character Type: Edwardian / interwar garden suburban base with modern overbuilding (infill development)

This area has an Edwardian and interwar base, with a range of modern overbuilding that creates a mixed character.

Many of the original buildings are constructed of timber.

The area generally has well established gardens with low to medium scale vegetation and regular planting of street trees. Occasionally private gardens include substantial trees and several streets are defined by their avenue planting.

It includes the areas of significant neighbourhood character around St James andRiddell Parades, which is valued for its intact Victorian, Edwardian and Interwarstreetscapes and the strong vegetation quality. (Clause 22.08).

Council also relies on its claims about ‘potential flooding’! Please note:

  • There has been no referral to Melbourne Water
  • There is no Special Building Overlay (SBO) impacting on the site (see image below)
  • All the VCAT member has to do is look at this nonsense and chuck it out. This of course doesn’t explain the fact that given all the flooding since at least 2011, Council has sat back and done bugger all about its SBO’s

sbos

The most important omission in our view is any discussion as to the legal interpretations that should play a large part in any VCAT hearing. Council simply states –

The mandatory height limit applies only to land used as a “Dwelling” or “ResidentialBuilding”. Any other use is not subject to the mandatory height.In this instance, the proposed “Residential Aged Care Facility” building fronting Ludbrook Avenue is the only component of the development which is subject to the mandatory height limit of 9 metres (as the slope of the land is greater than 2.5 degrees). The balance of the development including the nineteen storey building comprising the retired living units is exempt from the mandatory maximum height under the zone.

When 86 so called ‘independent living units’ are crammed into a 19 storey building, and some of these will include 3 bedroom apartments, then surely it is at least worth raising the issue of the status of such a proposal. Could they in any shape or form be considered as ‘dwellings’? If they are ’dwellings’ then they come under the Neighbourhood Residential zone requirements of an 8 metre mandatory height limit! Even the Planning & Environment Act would appear to provide some solace here with its definition of ‘dwelling’. Council simply ignores, or at best, skims over this vital consideration!

“dwelling” means a building that is used, or is intended, adapted or designed for use, as a separate residence, (including kitchen, bathroom and sanitary facilities) for an occupier who has a right to the exclusive use of it …..(planning and environment act, 1987 – definitions Section 46H)

There are plenty of other gaping holes in this Rocky Camera report. Until the competence of the planning department improves dramatically and until officer’s reports are accurate and not misleading, we do not hold out much hope that residents can have any faith in what is presented on the written page!

Time for a quasi ‘performance report’ on council. It is now a year since Glen Eira has had a new CEO at the helm and 4 months since 5 new councillors were elected. Has anything really changed? Has there been ‘progress’ in terms of transparency and accountability? Has this council lived up to the rhetoric of ‘listening to residents’ and instituting vital change to democratic processes and protocols?

Some potential positives –

  • Several directors are gone – so there has been a major reshuffle of senior admin
  • Suspension of standing orders in order to cater for ‘community conversations’ at council meetings

The negatives –

  • No change to Local Law until 2019
  • No change to advisory committee meetings protocols
  • No intention of reviewing residential zones despite huge community outcry
  • And much, much more……..

In December last year, the Ombudsman released her report into transparency in decision making by local councils. Glen Eira was one of the councils focused upon. According to the report the basis for the selection of the 12 councils was: the number of complaints received about them; comments received via the Government’s Local Act Review, and the performance measures on ‘transparency ratings’.

We’ve uploaded the full report HERE and fully endorse the findings made. Each recommendation is something that for years and years this council has fought tooth and nail to avoid. We can see no reason why many of these recommendations cannot be instituted immediately and do not even require amending the Local Law – ie publishing the agenda at least 5 days prior to the council meeting, instead of late Friday afternoon!

Here is the media release on the recommendations –

local-government-media-release-final_page_1local-government-media-release-final_page_2We must also take some credit in leading the ombudsman to conclude that Council’s Delegated Planning Committee had been operating illegally for the past decade! That is why several council meetings ago, there was the resolution to rescind the delegation to this committee and reconstitute it! Thus here was another opportunity for council to mend its ways – to be far more open and transparent. No such luck in Glen Eira – except for the notation in the CEO’s response that the public could request minutes from this committee. Certainly news to us and why hasn’t this been widely publicised if in fact true?

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The motivation to change, to live up to the rhetoric, to ensure greater transparency, and to work with the community instead of against it, would appear to be moribund. If it were alive and well we would not:

  • Have to wait until 2019 for the Local Law to be amended – especially when the current public question fiasco can occur at the drop of a hat and at the whim of the anti-community forces within council
  • Find planning conferences designated as ‘sensitive’ and accessible by ‘invitation only’
  • Council submissions/consultant’s reports on vital issues would be available PRIOR to council resolution and NOT AFTER
  • etc. etc.

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