GE Consultation/Communication


Earlier this month Boroondara City Council voted in a resolution which basically condemned the flurry of planning changes introduced by the State Government over the past 18 months or so. The vote was a result of a detailed officer report outlining the consequences of these changes and how they would impact the Boroondara community.  In Glen Eira, apart from a bit of fear mongering by some councillors used to justify their voting patterns on activity centres (ie  we would get worse results if the minister calls it in, blah, blah, blah) there has not been one report, analyses, or discussion similar to the Boroondara stance. In all likelihood, residents have no idea of what these changes to the planning system entail, or what they mean for future development.

If councils are truly working for their residents, then it is incumbent on them to provide their communities with the necessary information and to work collaboratively with various community groups in their advocacy roles. None of this has happened in Glen Eira. Why not? Why can’t we have an officer’s report which is out in the open and discussed in council chambers so that everyone knows what this council stands for?

The Boroondara vote can be watched via https://www.youtube.com/watch?v=h4f_0Tab2Ag. It starts at approximately 52 minutes into the webcast.  We’ve also uploaded several pages from the officer’s report. It was lengthy, but the highlighted comments here are important and reveal the primary concerns of Boroondara. Are these shared by Glen Eira? Who knows?

Again, we have a myriad of questions:

  • Have councillors even been briefed on what each new piece of legislation means?
  • Have options been presented to councillors on what can and should be done in response?
  • What communications have taken place between officers and departments? Have councillors been made aware of all such communications? If so, have they seen hard copies of this communication or simply had to rely on officer’s verbal summaries?

Residents deserve heaps better from our council. Or is the truth simply that the Glen Eira administration is fully behind the government’s actions in removing as far as possible all third party objection rights and allowing more and more development?

Lockdowns in Melbourne ended in late 2021. Throughout the past few years council meetings were held in public with residents present in the gallery. During this ‘return to normal’ all public questions asked, irrespective of whether the questioner was present in the gallery or not, were read out, answered, and recorded in the minutes. Yet at the last council meeting without any explanation, council resorted to its ridiculous policy of NOT reading out and answering questions if the resident was not present in the chamber. Nor were the questions recorded in the minutes. Even more bizarre is the fact that previously absent questioners’ names WERE RECORDED IN THE MINUTES. Not for the last meeting!

There are other questionable practices that require explanation. For example: historically, all proposed amendments were noted in the ensuing minutes, whether or not they were seconded and if they were seconded a vote taken as to whether the amendment became the substantive motion. Again, the current minutes from last council meeting fail to record an amendment moved by Zyngier and seconded by Pennicuik. Admittedly minutes are not supposed to be a Hansard recording of what was said. But they do have to record what decisions are made in council meetings and the voting on the issue. So we now have another subtle change in what is recorded without explanation and without reference to long standing previous practice.

A quick perusal of previous and recent minutes reveals that on the following dates council minutes DID record amendments as well as the resulting vote(s) in the minutes. The dates are: 8th  June 2021; 9th August 2022; 8th February 2023 and 28th February 2023.

Council’s approach to its governance rules and the lack of consistency certainly requires examination and explanation. But this is more than a simple case of lack of consistency. It harkens back to the central issue of lack of transparency and questions how well this council acts in accordance with its own policies, practices and legislation.

PS: here’s a couple more examples of what a mess council’s governance rules are – or more precisely, how little that is done is in accordance with the existing policies.

  1. The publishing of agendas. According to the governance rules, agendas will be available on the Friday post noon before every ordinary council meeting. Over the past year or so, agendas have come out either late Wednesday afternoon, Thursday, and even late Friday – well after the supposed 12pm time line.
  2. Public questions. We now have the farcical situation that at every council meeting there has to be a motion to bring forward the public question section nearer the beginning rather than towards the end of the meeting as pronounced in the governance rules.

Surely all that is required is for the Local Law to once and for all enshrine the simply procedures so that public questions are heard at the start of all council meetings and that definitive times are imposed on the publishing of agendas.

The governance rules also need to make it absolutely clear as to what will feature in the minutes and the constraints of word limit, and questioners’ presence in council chambers be removed. As it currently stands some questions are well and truly over 150 words, yet are permitted. Others that might be 156 words are deemed to have exceeded the limit and are not read out. The hallmark of what’s been happening is not only inconsistency, but raises the question of why bother having rules and regulations to begin with if they can so easily be ignored and bypassed when it suits.

The following Media Release is on council’s website –

Council made a preliminary decision on Tuesday night to close its three small Early Learning Centres in Caulfield, Carnegie and Murrumbeena.

Statement from Glen Eira Mayor Cr Jim Magee: Preliminary decision on the future of Council’s three early learning centres

We are now consulting directly with impacted families, staff, and the community before making a final decision by the end of the year.

We recognise this will be a challenging time for staff and families and are here to support them.

Council’s three Early Learning Centres were established at a time when opportunities for families to access childcare services were limited. In the decades since, a radical change in government funding and policy has led to a boom in the childcare market and slowed demand for Council’s centres.

The number of childcare places in Glen Eira has doubled since 2010, and increased from 3,966 places to 5,731 places since 2019, an increase of 44 per cent. Nine further non-Council centres now in the planning phase will offer a further 919 places.

A service review found we provide quality care and have excellent educators, however our older centres no longer meet contemporary building and service standards that modern childcare centres provide. 

Our centres are expected to operate at a loss of at least $570,000 each year. Amid increasing costs and economic uncertainty, it is getting harder for councils to run services and we need to make responsible choices and provide value to all the community.

The municipality has a vibrant childcare market that provides choice, competition and capacity. We have confidence that the supply of childcare places will meet current and future demand. Our centres now account for just two per cent of the childcare places available across the municipality.

If Council decides to close the centres, the final day of operation is likely to be Thursday 21 December 2023. We will help families find alternative care that best suits their individual needs and help staff find a new role through redeployment to another Council role or career support.

To learn more about the Council preliminary decision and provide feedback, visit www.haveyoursaygleneira.com.au/childcare.

Media contact: Alex Leamy on 0409 086 361

PS: The Age is also running a story on this issue. See: https://www.theage.com.au/national/victoria/glen-eira-council-to-close-three-childcare-centres-before-christmas-20231005-p5e9yc.html

On Tuesday night there was a Special Council Meeting to (re)consider submissions on the closing off of Orrong Crescent/Alma Road in order to facilitate the proposed pop-up park at this corner. What is staggering about the processes involved is that council never seems to get it right – despite all their planning and traffic departments and legal advisors. It is clear that what motivates this administration is to implement something that has already been determined regardless of what the legislation requires! Council wants the pop-up park in spite of previous consultations that were strongly opposed. The first step to achieving this is the closure of the intersection. Thus the two are intricately linked. Trouble is, the law has been ignored!!!!!!

Please listen carefully to the following submission made on the night. It highlights the legal flaws in what council has done as well as the lack of required evidence to support the proposal of closing off the intersection. This new attempt comes on top of the failure to properly advertise and seek submissions on the first attempt.

There can be no excuse for what is happening here. Due legal process has not been followed; pivotal research such as traffic reports have either not been done, or not provided to councillors. Not the first time that councillors are expected to vote on an issue without all the relevant information before them! Even the officer’s report distorts what the submissions say in the claim that 4 were in support and 7 opposed. Of the four allegedly in ‘support’, the focus is exclusively on the pop-up park and NOT the closure of Orrong Crescent which is what this item is about! Council’s approach is akin to a bull in a china shop where the objective is to ram through whatever has already been decided.Hardly transparent and good governance!

Council’s consultants are maestros in camouflaging the real facts and figures that should be the basis of all decent strategic planning. This of course only reinforces our view that the role of consultants is to provide any so called ‘evidence’ which will support decisions already made by this planning department.

This post focuses on the two traffic reports for the Bentleigh & Elsternwick structure plans. Both were done by the same company – yet they are very different in important components. Why?

We will start off with Elsternwick. On page 28 of the study we have this image:

We are told that: Dwellings in Elsternwick are a split of single detached dwellings (57%) and multi-unit dwellings (43%). The phrasing of ‘single detached dwellings’ would imply that these dwellings are stand alone houses and ‘multi-unit’ dwellings are interpreted as flats. Are we therefore witnessing some sleight of hand, when these figures are compared to what the 2021 Census results tell us? If our interpretation of ‘single detached dwellings’ coincides with the ABS interpretation, then these results are far more than bogus – they represent a deliberate attempt to distort and hide the true facts. Interestingly, we can find no definition in the consultant’s reports of what ‘single detached dwellings’ and ‘multi-unit dwellings’ means.

Compare the above with what the census reveals below:

38% compared to the reports 57%!!!!!!! We can only assume that the 38% has been added to the 19.3% to come anywhere near the stated 57%. If this is the case, then it is entirely misleading – especially since the consultants provide no definitions or explanations.

Another aspect of the above page is the claim that 12% of HOUSEHOLDS don’t own a car. The resorting to ‘households’ instead of dwellings is interesting. When we look at the car ownership per dwelling we get a completely different result (see below).

The Bentleigh transport report doesn’t follow the Elsternwick version. Instead we now get comparisons on page 128/9 to Windsor!!!! Readers should remember that we have been repeatedly told that we CANNOT compare one municipality to another. Yet, this is exactly what this supposed traffic analyses has done. And it doesn’t hold up to scrutiny when we find that Windsor compared to Bentleigh is an entirely different proposition!

For starters, we now are looking exclusively at PERCENTAGES and not NUMBERS in the attempt to prove how similar these two suburbs are. What is not stated are the following that completely change the conclusions. The table below is derived from the ABS 2021 census data.

Please note:

  • Bentleigh’s population is close to 3 times that of Windsor
  • The number of dwellings in Bentleigh is double that of Windsor
  • The number of dwellings without cars in Bentleigh is 446 and Windsor is 344. When these numbers are calculated as a PERCENTAGE of dwellings without cars, then of course Windsor will have a higher percentage given it has half of the dwellings in Bentleigh.

There is much, much more that could be written about these traffic reports and the invalidity of what is presented. Yet these documents are supposed to form the ‘evidence’ for structure plan recommendations. They fail dismally and are there simply to fulfill all legal requirements instead of providing an analyses that does hold up to scrutiny. We can only wonder how much these reports have cost ratepayers!!!!!! Undoubtedly money well spent when the objective is to facilitate more and more development with increased deterioration of residential amenity!

Last night’s council meeting included a Glen Eira first – a Notice of Motion presented by Cr Zyngier. This was permitted since council’s governance rules were once again shown to include a monumental stuff up and hence the denial of a real Notice of Motion was not possible. Admittedly we had not picked this up previously but can now conclude that the following was the reason why the governance rules (as intended) would not hold up to legal scrutiny. The crucial section is contained in this dialogue box taken directly from the governance rules –

We then get this caveat which basically undermines and rules useless the attempted Clayton’s Notice of Motion.

Thus we get a first in Glen Eira – a genuine Notice of Motion!

Please listen very carefully to the following audio of this motion. It failed once again on the casting vote of Magee after Penniciuk declared a conflict of interest and left the chamber.

What however is quite staggering in this item, needs to be highlighted and seriously questioned!

  • Why are councillors denied access to essential consultant/officer reports that would substantiate the ensuing recommendations and claims made?
  • How does this equate with informed decision making, when councillors are not privy to the evidence?
  • Why are potential inaccuracies in officer/consultant reports not open to scrutiny or review?
  • How many more times are councillors forced to vote on something of major significance without the benefit of the full data?

Transparency, and accountability, plus informed decision making by this council is clearly non-existent!

We have for ages bemoaned the fact that in Glen Eira residents are confronted with an uphill battle to fully comprehend what council proposes in its structure planning – unless they are willing to spend hours upon hours in deciphering hundreds of pages of documents. There has never been a simple, single page document which itemises proposed controls and/or changes, that are easily accessed and read. Luckily, not all councils operate on the principle of obfuscation like Glen Eira does!

Here is an example from Monash and involves their structure plan for the Glen Waverley Major Activity Centre. The following images come from https://shape.monash.vic.gov.au/amendment-c167/detailed-changes

Please note:

  • The clear summaries for the various types of sites – ie commercial, residential, etc.
  • Interestingly, Monash sees fit to assign a 29 metre preferred height for its 8 storey development(s), whilst Glen Eira wants 31 metres!
  • Note the increase in private open space requirements. Readers will remember that in Glen Eira, the housing strategy recommends the removal of the mandatory garden requirement in all areas zoned GRZ!
  • Lastly, it beggars belief why Monash is allowed to include so many residential properties in their structure planning area and in Glen Eira, the proposed DDO’s for Bentleigh, Carnegie, and Elsternwick only apply to the commercial and mixed use zones for the major part.

We are not commenting on how ‘good’ or ‘bad’, the Monash plan is. All we wish to highlight is the manner in which Monash informs their community in a simple and clear fashion and how it conducts its consultation programs. In Glen Eira we get nothing like this!

We’ve received the following email from a Bentleigh resident. It was sent to councillors, the CEO, and to the Minister.

“Good morning Mr Mayor.

I am writing in regard to your recent correspondence about a petition which was submitted to Council around the proposed inappropriate structure plan. We dedicated a good deal of time to get to the residents and to obtain 221 signatures from 221 very angry residents who deserve to have their feelings included in the process of Community consultation.

Your advice to us is that the 221 residents will be considered as one submission. Your words in your email are;

“The petition will be included as a submission on the draft structure plan, but in accordance with Council practices, it will be considered as a single submission”.

So if I understand you correctly, we might as well have saved a considerable amount of time and effort and submitted just one resident. It would carry the same weight as the 221 names we provided. 

I request clarification as to my interpretation of your comments, and if I am correct, I want to know the reason behind ignoring the remaining 220 residents who have provided their details. 

This seems to me and to a number of those who took the time to provide their details to be simply wrong and against any fair inclusion of their wishes. I said that there was anger by the residents we contacted with the petition, but that pales into insignificance when compared to the anger shown by those who I have already advised of the Councils position regarding their involvement.

I wonder if this council and its planning department is really interested in Residents issues and wishes or is this process of Community Consultation again just for show.

This, if my interpretation of your comment is correct, is a disgusting situation. 

I look forward to your clarification in this matter.

Thank you,”

COMMENT

Not for the first time has Council ignored community feedback, arguing that forums were either ‘information sessions’, and hence don’t ‘qualify’ for official ‘consultation’ events. What bunkum! Readers will remember that:

  • Over 100 residents came out on a cold winter’s night to present their views on the Housing Strategy. The resulting reports on that evening revealed that the anger was ‘palpable’, especially when officers attempted to close down the meeting instead of continuing to listen to what residents had to say.
  • Way back over 200 people attended another ‘information forum’ on the draft Elsternwick structure plan. Again ignored. Bentleigh structure planning was another instance of down playing feedback.
  • The very fact that in the vast majority of council reports outlining community feedback,  there is a failure to include honestly and comprehensively what residents had to say. Legitimate concerns about ‘overdevelopment’ are simply swept under the carpet and barely rate a mention. Council even fights tooth and nail to prevent the verbatim publication of  such feedback when previously this was seen as proper process when strategic planning first began.
  • We have now had structure planning endorsed for Glen Huntly, Bentleigh, Elsternwick, Carnegie, and Caulfield accompanied by bogus surveys, ‘information sessions’, and spin. Not once have these surveys been road tested with the community consultation committee, and councillors barely get a look in. Repeatedly, councillors  have been forced to vote without all the relevant documents available to them, or without sufficient time to critically analyse and digest what it is they are being asked to vote on. This planning department and administration has much to answer for!

Structure planning is vitally important to the residents of Glen Eira. Council continually espouses how vital it is to hear back from the community and to engage as many constituents as possible. Yet, their methods of achieving this goal are deliberately circumscribed and inadequate. One would surely think that when submissions are called for Bentleigh & Carnegie these would achieve major prominence in the Glen Eira News. Furthermore, that the actual proposals are listed. Not so. What we get in the latest Glen Eira News is the following – and buried at page 8. It consists of the usual spin – ie ‘land use, heritage’, etc. but without a single word actually describing what is proposed. Definitely deliberate because if residents were told that the drafts contain plans to permit 12 storey discretionary, and that heritage listed places can be 5 and 6 storeys, then there would probably be plenty of submissions forwarded to council. The plan is clear: keep residents as ignorant as possible unless they are prepared to plough through hundreds upon hundreds of pages in order to decipher the true vision. This is unconscionable and contrasts sharply with other councils’ approaches.

Simply ask yourselves – would any reader of the following image have any real idea of what lies in store?

The following article appeared in the Herald Sun on the 29th August.

Stop Elsternwick Towers launched Red Spot Special campaign in fight against Woolworths

A group of Elsternwick residents are turning back the clock in a long-running battle to stop a supermarket giant building high rise towers.

Lucy Callander

Old photos are the latest weapon in a long-running battle to stop Woolworths building high rise apartment towers in Elsternwick.

A community group fighting the proposal says the images cast doubt over whether the council could “give away” part of the land needed for the development.

The parcel of land in dispute, May Street (west), forms a 500sq m component of Woolworths’ larger development site and is essential for the project to proceed on the old ABC TV site.

On September 7, 2022 VCAT granted planning permission for a mixed use development including a supermarket and apartments at 10-16 Selwyn St. A condition of the planning permission was that work could not begin until Glen Eira Council was satisfied that May St was not a legal road. 

Earlier this year Glen Eira Council accepted evidence provided by Woolworths that the land had not been used as a road since World War II.

However, Stop The Elsternwick Towers said it had received expert legal advice that May Street west was a road that had never been discontinued by the council.

“Legally it belongs to Council on behalf of ratepayers and not Woolworths, who have gated the area and plan to build over it,” the group said.

Group spokesman Max Deacon said photos, including an image from 1968, proved the land was open to the public in the late 60s.

“The new research shows that May Street was set aside for public use from 1889 and that it remained open to the public until a gate was placed at the Selwyn Street end of May Street during the Second World War,” Mr Deacon said.

“Council’s acceptance of Woolworths’ claim suggests nobody used May Street for some 50 years. And that nobody has used it after the Second World War, despite aerial photos showing it open to the public again in 1968. “That simply doesn’t make sense.”

Mr Deacon said the group had sent the information to the council and wanted the decision reviewed.

“At law any transfer of public land from council control to the private sector must undergo a thorough community consultation process,” he said. “This has not occurred. “What is worse, is Council is giving away public land to developers for nothing.” Mr Deacon said the value of the land could be as much as $5m, based on the $55m purchase price of the overall site.

“Development is cheap when the land is free,” he said. “Woolworths must be rubbing their hands with glee.”He said the community wanted the site turned into a public park.

Glen Eira chief executive Rebecca McKenzie refuted the claim the council was giving away public land to a private developer.

“The planning permit requires Woolworths to provide evidence that part of their land is not a public road that should be transferred to Council, which they have done,” she said. “We have received evidence from both Woolworths and Stop the Elsternwick Towers (STET). “We undertook our own due diligence and agreed that it is not a road at law.”

COMMENT

Council’s claims of ‘due diligence’ would carry far greater credibility if the assumed ‘legal advice’ they received was made public.  The same can be said for the Woolworth’s advice.

« Previous PageNext Page »