Councillor Performance


We’ve received more photos and a video of some incredible and illegal manoeuvrings of a double loader in Carnegie. The photos provide another angle for what is happening. It is truly amazing that every car and pedestrian remained intact.

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We’ve received several sets of photographs from alert residents. Once again, safety and enforcing the law would seem to be beyond council’s priorities. What is also unacceptable is that accompanying one of these photos was this comment in response to the fact that the image was not 100% clear – I have been physically threatened by a truck driver illegally parked on same location before and chased up the street with him demanding my phone to remove the photo. I am very wary of being seen taking photos. Whilst residents report countless incidents, nothing changes. Developers own the streets, footpaths, and driveways!

These two photos show illegal parking right on the kerb thereby forcing drivers making  a left hand turn smack into the middle of the road and possible oncoming traffic –

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Next there is the illegal parking facing the wrong side of the road plus another illegal parking across a resident’s driveway.

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CLICK ON IMAGES TO ENLARGE

Above are 4 screen dumps of Neerim Road and what has been happening since the introduction of the zones. Each image represents a continuous stretch of road. Different colours are used for each application and indicate whether the proposed development extends over a single or ‘consolidated’ site. The numbers are for permits already granted or awaiting decision.

What is completely mind boggling is that the total number of apartments to be built along this single road since 2013 equals 548. Unbelievable! Thus, if 225 dwellings are built per year, then this represents more than 50% of what the planning scheme says is the average number of dwellings required per year until 2021! And all in one street!

How can a council allow this to happen? What studies have been done of ‘capacity’? Do they know? Do they even care? How much money will ratepayers have to fork out to supply additional drainage and other infrastructure? How much has already been spent on drainage and how much more needs to be spent? Has Council any idea or is this more pie in the sky planning based on no factual data and analysis? What guarantee do Carnegie residents have that they will not be at increased risk of flooding or that subterranean car parks will ultimately impact on the water table causing other major problems? In our view, Council’s incompetence is only exceeded by its indifference to its residents.

Here’s the full list of what’s presented in the images –

135-137 Neerim Road GLEN HUNTLY VIC 3163 – 3 storey, 39 dwellings

143-147 Neerim Road GLEN HUNTLY VIC 3163 – 3 storey, 30 dwellings

149-153 Neerim Road & 4 Hinton Road GLEN HUNTLY VIC 3163 – 17 double storeys

167 Neerim Road CARNEGIE VIC 3163 – 2 dwellings

179 – 181 Neerim Road, CARNEGIE VIC 3163 – 3 storey 19 dwellings

212 Neerim Road CARNEGIE VIC 3163 – additional dwelling to rear

247-251 Neerim Road CARNEGIE VIC 3163 – 4 storey, 48 dwellings

253-255 Neerim Road CARNEGIE VIC 3163 – 4 storey 30 dwellings

257 Neerim Road CARNEGIE VIC 3163 – 3 storey, 7 dwellings

259-261 Neerim Road CARNEGIE VIC 3163 – 4 storey 28 dwellings

276-280 Neerim Road CARNEGIE VIC 3163 – 5 storey, 48 dwellings

315-317 Neerim Road CARNEGIE VIC 3163 – 7 storey, 26 dwellings

322-326 Neerim Road CARNEGIE VIC 3163 – 4 storey, 40 dwellings

328-330 Neerim Road CARNEGIE VIC 3163 – 4 storey 16 dwellings

332-334 Neerim Road CARNEGIE VIC 3163 – 4 storey 36 dwellings

339-341 Neerim Road & 19-21 Belsize Avenue CARNEGIE VIC 3163 – 4 storey, 52 dwellings

363R Neerim Road CARNEGIE VIC 3163 – 3 storey, 4 dwellings

331-333 Neerim Road CARNEGIE VIC 3163 – 4 storey, 26 dwellings

365-367 Neerim Road CARNEGIE VIC 3163 – 3 storey, 16 dwellings

401-407 Neerim Road CARNEGIE VIC 3163 – 5 storey, 63 dwellings

479 Neerim Road MURRUMBEENA VIC 3163 – 2 double storeys

TOTAL = 548 DWELLINGS AND THIS DOES NOT TAKE INTO ACCOUNT WHAT IS HAPPENING IN ALL THE LOCAL STREETS RUNNING OFF NEERIM ROAD – IE ELLIOTT AVENUE FOR EXAMPLE!

PS: congratulations to the residents of Claire St, McKinnon. VCAT has refused a permit for the three storey development. We have uploaded the judgement HERE. Readers should take careful note of the member’s comments. The development was refused primarily because of developer greed and not thanks to council’s planning scheme restrictions. We also have to speculate as to the role that massive tv, radio, and press coverage had on this outcome. Perhaps a lesson for all residents? The problem of inept zoning and schedules still remains!

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Mr Booth’s comments are surely warranted when we analyse what has been happening in Glen Eira. There has been a remarkable drop off in the number of applications that come up for Council decision. The reason isn’t less applications, but the fact that Council is now refusing outright via manager or through the Delegated Planning Committee process, application after application. Why? So that council can continue with its nonsense such as blaming VCAT for everything instead of doing what it is paid to do – implement a planning scheme that is worthy of that name.

We have commented numerous times here on the ridiculous decisions made by council planners. Either the application is refused, or conditions imposed that have no hope of getting up because they are not supported by the planning scheme. The latest example is a VCAT decision for 130 Murrumbeena Road, Murrumbeena. It is zoned GRZ1; is within the Neighbourhood Centre; is less than the 10.5 metre height maximum, and proposes 16 dwellings on a 880 square metre block.  Council refused the application and VCAT granted a permit. What residents need to appreciate is:

  • according to the planning scheme there was no logical reason to reject this application
  • the imposed conditions are not supported or even part of the planning scheme
  • Result? More ratepayers money thrown down the drain so that council can pretend it is doing its job properly!

Please consider the VCAT member’s comments carefully and then decide who is the real culprit – VCAT or Council? Mr Booth’s comments of ‘hiding behind VCAT’ are indeed appropriate!

Council says that local policy requires a transition in height and scale from the commercial centre to the edge of the housing diversity area. It says a three storey building on a site near the outer edge of the activity centre does not respect the transition that is sought. Consistent with the Tribunal’s findings in Pitard Knowles Pty Ltd v Glen Eira CC, I am not persuaded by this proposition. The preference for a transition in scale is one of many strategies in clause 22.07 and it has no more or less weight than the others. It must be applied contextually. There is no guidance in clause 22.07 as to where a transition applies. Is it halfway between the core and the outer boundary, or two thirds or another distance from the centre? Is it to be defined by streets? What is required in transition in height, and from what? Does the transition also apply to front setbacks, width of facades, landscaping, fencing and streetscape rhythm. The general policy is unhelpful in this matter, and Council has not prepared urban design frameworks or Overlays that might have provided greater guidance.

The little guidance on the matter of transition is provided by the distinction between the schedules to the GRZ. Schedule 2 to the GRZ is a transitional area because the maximum height in the GRZ is lower than the GRZ1. It is notable that the GRZ2 applies only to lots that directly adjoin land in the NRZ, and it applies to land of one lot in depth. Council has effectively defined the area where a transition in height and massing might be expected to be only the lots at the outer edge of the GRZ1 area.

ON SETBACKS TO UPPER LEVELS

Secondly there is no policy basis, urban design framework or DDO that requires a recessed second level, and the building would be lower than the maximum height allowable under the schedule to the zone. Requiring a setback would be arbitrary and it does not respond to any clear built form or policy directive or amenity consideration

Source: http://www.austlii.edu.au/au/cases/vic/VCAT/2015/1729.html

 

 

Lobo was an apology for tonight’s special council meeting.

Hyams nominated Pilling. There was no other nomination.

Esakoff nominated Okotel as deputy mayor. Delahunty nominated Sounness.

Vote was 6 to 2 in favour of Okotel.

Voting in favour of Okotel – Esakoff, Lipshutz, Hyams, Pilling, Magee, Okotel

Voting in favour of Sounness – Delahunty, Sounness

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PS – AND WE MUSTN’T FORGET THE DISASTER THAT IS NEERIM ROAD!
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Please consider the lists provided below which highlight the various amendments that neighbouring councils have initiated in the past 2 years – since the zones came in – in contrast to what Glen Eira has produced.

BAYSIDE

Amendments c112-115 – introducing mandatory height limits into activity centres (ie includes commercial as well)

Amendment – c121 – extending their Water Sensitive Urban Design policy

Amendment C139 – Development contributions levy

Amendment C140 – Bayside Housing Strategy of 2014 & subdivision size of land

And plenty of new heritage overlays on various properties and areas

BOROONDARA

Amendment C108 – permanent Design & Development Overlays in many areas

C109 – extends interim height controls for Neighbourhood Centres (ie includes commercial)

C139 – more structure plans and design and development overlays

C149-C152 – more heritage overlays

C152 – Maling Road ‘building form guidelines’

C229 – amends council’s LPPF (local planning policy framework)

STONNINGTON

C153 – design and development overlay

C154 – Chadstone expansion includes Incorporated plan for the land

C155 – development overlay for heights along Yarra

C168 – 2 new Neighbourhood Character overlays and development overlays

C172 – Chapel Revision Structure Plan

C175 – updates Municipal Strategic Statement plus new neighbourhood character policy

C177 – environmental sustainability design

C180 – public acquisition overlay

C181-184 – various heritage overlays

C185 – 2 new Neighbourhood character overlays, design and development overlays and their integration with zoning for GRZ sites

C186 – open space levies where 4 suburbs are paying 8% – South Yarra, Windsor, Prahran, etc

Many new heritage overlays here.

C212 – Malvern Road Neighbourhood Structure Plan

C217 – more significant character overlays

C220 – extension of structure planning controls for Windsor, Prahran, South Yarra

GLEN EIRA

C100 – Rezones Industrial 3 To Mixed Use Zone (Neerim/Emily St)

C102 – Revises Non Residential Uses In Residential Zones Policy

C107 – Neighbourhood Character Overlay (Schedule 2) To Moodie St., Caulfield East

C113 – Heritage Overlay On Some Sites In Caulfield North

C120 – Open Space Levy Of 5.7%

C121 – North Road Sites From Commercial 2 To Mixed Use Zone

C123 – Updated Child Care Policy

C130 – Environmental Audit Overlay In Glen Huntly

C135 – Public Acquisition Overlay On Magnolia Road

C139 – Rezone Glen Eira Rd/Hotham St Corner From Commercial 2 To Mixed Use Zone

C140 – Public Acquisition Overlay On Mimosa Road/Mile End Road

AND THE ATTEMPTED VIRGINIA ESTATE AMENDMENT THAT WOULD YIELD 4,600 DWELLINGS!

COMMENT

  • Rezoning to MUZ or Commercial means more residential high rise
  • Magnolia Road public acquisition overlay was gazetted in August. Three months down the track and the property still hasn’t been purchased for open space. There was a public acquisition on this property for years, then removed in 2008, and then re-imposed. Superb planning and now we fear that council simply does not have the money to purchase anything.
  • ‘reviews’ of child care policy and non-residential uses, simply changes the playing field – now making it easier for such developments to encroach into Neighbourhood Residential Zones.
  • Planning Panels have recommended a total review of Heritage. The current policy dates back to 1996. Another museum piece!

Conclusion? Whilst other councils have been busy shoring up their defences against over-development, and rejecting Planning Panel decisions and pushing ahead for Ministerial approval of their amendments, Glen Eira continues in the same old fashion – tinkering and avoiding anything that might constitute an obstacle to development.

For months now, some councillors have been voicing concerns about Glen Eira’s planning scheme, the zones, the way they were introduced, plus the lack of necessary ‘tools’ that council could use in determining applications. Residents themselves have taken to social media, with petitions, comments, and demands. We have consistently reported on VCAT decisions that make it abundantly clear how inept and lacking Council’s planning scheme is. People are angry and getting angrier at what they see as the destruction of their neighbourhoods and their lives.

So how do our councillors respond to this ground swell? More empty talk, more ‘we should do this’, but absolutely, no firm action from any of them! Words are cheap and ultimately useless. What is required is a simple council resolution which orders the pen pushers to get off their backsides and to immediately put the planning scheme on the table for intense and full, honest consultation with residents. Or will we continue to have more hand wringing, more crocodile tears, more blaming of VCAT, more ratepayers’ money being thrown down the drain with public relations disasters intended to excuse 13 years of negiligent planning under Newton?

Tuesday night provided some further examples of ‘we should’. As we’ve already said – talk is cheap. It is now, with the election year looming, time for action! Here’s a report on some of the comments that were made on several items.

LOBO – thought that it was time to ‘review policies’ following Plan Melbourne’s release and how the government is expecting over 7 million people in Victoria. Said it was also important to ‘review our Municipal Strategic Statement’ that ‘was adopted by council on 17th May 1999’, and accepted by the government on 5th August 1999, 16 years ago’ and in ‘light of the boom and new residents’.

SOUNNESS: said he was ‘concerned’ that even though the VCAT member rejected the 16 storey application in Egan St., Carnegie, he still stated that the height was acceptable. This then leads onto the question of an urban design framework that looks at traffic, “what’s the shape of a city’ and where density should go and ’16 storeys doesn’t meet that criteria’. And there is also a paragraph in the VCAT member’s judgement that notes ‘the absence in the scheme that provides guidance about these areas’. The decision then talks about ‘first principles’ and the design guidelines for high density developments. There is also discussion about how the Carnegie area is ‘undergoing substantial change’. He is pleased that the application was refused, but strictly on amenity design and ‘not the other features’. For him ‘a village is not 16 storeys’. ‘I have some concerns about how council’s policy framework is directed’ and that there is a ‘due process to go through in reviewing planning schemes’ and for those sections in the planning scheme that involve ‘urban villages’. He ‘hopes’ that there can be a ‘conversation about that earlier rather than later’ because if these sorts of applications for 16 storeys comes in then they are not appropriate.

HYAMS: also didn’t think that 16 storeys was appropriate and that ‘Mr Torres has assured us’ that this is against the ‘policy for the area’. Also if VCAT is ‘incapable of interpreting our policy’ then maybe there needs to be ‘policy that VCAT can understand’ so there is some ‘work that we need to do’.

We remind readers of the following facts:

  • The Planning Scheme was allegedly ‘reviewed’ in 2010. This was, in our view, not a real ‘review’, but a predetermined decision to do very little except tinker with the edges.
  • Council (or some anonymous officer with no delegated authority) applied for an extension so that more years could pass before the scheme was touched again. There was no council resolution on this and no rationale for why another two years of delay was sought. The Minister granted council an extra year.
  • That would take any review well into 2017 – plenty of time for suburbs, streets, and amenity to be ruined.

 

 

 

ITEM 9.4 – APARTMENT BOOM

Hyams moved motion to accept. Seconded by Pilling

HYAMS: started off by saying that there had been a lot of ‘misinformation’ about council’s planning zones and this was due to real estate agents doing it for ‘profit’ or others for ‘political reasons’ or still others just ‘to make mischief’. Thought it ‘was important’ that residents ‘understand the causes of what is happening in neighbourhoods’ and the circular makes this ‘very clear’. What’s happening is not just in Glen Eira but everywhere and it’s happening even more in other municipalities. The circular also points out ‘what we’re trying to do to manage the growth’. Said that if people are ‘concerned’ about the growth then they should look carefully at the revised Plan Melbourne discussion paper especially the ‘ways of allowing more housing’ in the middle suburbs and the possibility of ‘code access’ for 3 storey apartments. This means that there will be no notification and residents won’t even know that an application has gone in.

PILLING: agreed with Hyams and that this ‘has been discussed’ many times. It was good for council to ‘circulate this letter to residents’ and it was 11 cents and ‘wasn’t paid out of rates’ but fines. This is all about ‘population growth’ and council’s ‘role is to set boundaries’ and they have done this ‘with the zones’ where population growth is concentrated around public transport hubs, shops, whilst ‘keeping the majority of the municipality’ protected. There has been a ‘lot of misinformation’ but the ‘leaflet sets it out clearly what council’s role is’. Growth is happening everywhere and Glen Eira is ‘relatively low down the list of 4 storey apartments’. Carnegie isn’t ‘surprising’ but other municipalities have far more. Thought that ‘we’ve got the mix right’.

LIPSHUTZ: the circular is ‘very timely’ given the discussion paper about Melbourne growing ‘up rather than out’. Council’s job ‘is to inform’ people and this explains ‘development in our city’. It’s ‘not because of the zones’ because it is ‘throughout Melbourne’. Said that people ask ‘why are you doing this’ and how much time is spent and ‘I would answer’ that less time is spent doing this than ‘answering public questions’ that are ‘designed to embarrass council’. Said that people have come to him, who previously ‘criticised this’ and now said ‘sorry, we’re wrong’ we can ‘now see what you’ve done’ and see what ‘we’re facing in Melbourne’. ‘Our role is’ giving ‘information as well as communication’ and this is what the circular does.

OKOTEL: said that this goes ‘a long way’ in meeting the areas where council is ‘falling short’ – ie communication. The Community Satisfaction Survey cites planning, transport and communication as the areas needed to improve. Residents have ‘voiced appreciation’ for council publishing this. There ‘will be mixed views in the community’ but ‘as a council we do try to improve our practices’ and ‘learn from the feedback of residents’. This circular does ‘attempt to meet those areas identified’ in the community satisfaction survey by ‘communicating about planning’.

DELAHUNTY: thought that Okotel’s point was ‘well made’ about communication. For her, when people talk about zones, what’s missing is the people. ‘These are homes’ and for those saying ‘lock the doors’ then she doesn’t ‘understand’ where people think everyone’s ‘going to live’. ‘We’re not targeting a population growth – we’re accommodating’ the growth. Said ‘we’ve got a responsibility to provide housing’. ‘We can’t lock the doors in Glen Eira – it’s not fair’. Said that we ‘need a good mix of housing’. Council isn’t taking on as many as others and that ‘might be to our detriment or not’. ‘We need to remember that these are homes for people’ and council needs to ‘ensure that they are affordable’ and that this doesn’t ‘unreasonably impact on current situation’. When councillors get emails that ‘high rise’ is going to be next ‘student’ homes then you ‘need to look at the causes’ and this means more social housing is needed. Thought that the ‘information’ sent out was ‘factually correct’ and was ‘worthy of having a conversation about’.

LOBO: said that ‘this report should have come before’ the letter was ‘circulated’ and that would ‘have been much more professional’.

SOUNNESS: said that there is a ‘growth scenario’ and that there are also ‘macro’ issues. Said there’s no view of what the final picture of the growth is ‘going to be’. Acknowledged that people are uncomfortable with certain heights but in Victoria it seems that the view is ‘we can spread out, we can spread up’. The urban growth boundary was supposed to be fixed and not changed and it’s changed continually. The development industry ‘appreciates’ not having ‘firm boundaries’. In Glen Eira there are ‘tools’ that they can deal with things but there are other tools that ‘are not available’. Agreed that ‘we’ve got the factual information out there’ and thought that ‘we’ve doing as best as we can’. ‘We’ve got controls over the majority of residential areas’ and areas where ‘large’ growth ‘can take place’ and council has to limit the bad effects of this and ‘maximise the good’.

MAGEE: said that this has come to a council meeting because of ‘response from the community’. The response has been ‘quite large’ and he got many phone calls and people are ‘really appreciative of some facts’. Said that he’s met with the mayors of Shepparton, Boroondara, etc. and they all say that ‘development’ is their main issue, ‘so it’s no different to what is happening in Glen Eira’. Glen Eira, unlike other councils has ‘actually identified areas’ ‘many years ago’ so the areas for growth were ‘already in place’ long ago. Councils like Boroondara ‘had nothing like that’ – ‘it was all one zone and anything went’. Glen Eira ‘identified many years ago opportunities to protect’ and to ‘direct where development should go’. Agreed with Lobo that it might have been better to have this item discussed before the ‘information’ went out but ‘this is here because the information went out and to respond to the many, many’ residents and to ‘formally acknowledge their responses’.

HYAMS: reinforced the mantra  and said ‘all together now’ (sing song by all councillors) ie nothing can be built now that couldn’t be built before etc. Said that there are ‘people who have their mind set’ that everything bad about planning is ‘council’s fault’ and that ‘you’re not going to change people’s minds’ on that. But the ‘fact’ is that most people have a ‘fairly open mind’ and they ‘want information’ so the circular ‘serves a very important purpose’ in ‘letting people know what’s going on’. It is a ‘hot issue’ and ‘people are crying out for information’ and ‘this supplies it.

MOTION PUT – CARRIED UNANIMOUSLY

In response to a public question Council responded that the cost of printing and distributing the ‘circular’ was $14,355!

This is a ‘public service announcement’! We are pretty confident that most residents would not have the foggiest as to the zoning of their area – unless they have already been impacted. Much credit for this must go to council in that its maps are illegible and not all streets named. Hence, we thought it worthwhile to pinpoint some of the streets that have now pretty much been given carte blanche for three and four storey developments. If anyone has any doubt that this is the case, then there’s this summation from a VCAT member recently – The two schedules to the zones (GRZ) have similar provisions. Both provide for a building height up to 10.5m and include reference to a lift overrun. This would appear to indicate that apartment style buildings might be acceptable in these areas. (Malina vs Glen Eira – 7th October 2015)

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