GE Consultation/Communication


ESAKOFF: began by asking Torres to explain the ‘differences in the recommendations’ for Bentleigh and Carnegie.

TORRES: said that the ‘centres are different’ in ‘physical characteristics’ – ie Bentleigh is ‘east-west running linear’ precinct and Carnegie is ‘north -south’ centre ‘that is concentrated in the middle’. This ‘leads to different considerations especially in terms of shadowing’ and in Carnegie ‘commercial properties shadow each other’ but in Bentleigh the shadowing is on homes. Plus ‘the scale of development’ is ‘different’ which ‘leads to this different treatment’.

ESAKOFF: said she wouldn’t repeat what councillors had already said about ‘mandatory’ versus ‘discretionary’. Went over the consultation meetings for the Planning Scheme Review and highlighted – ‘amenity’, ‘traffic’, ‘visual bulk’, ‘congestion’, etc. Because ‘it will take some time to go through’ with structure planning, that’s why council is ‘asking for’ the interim controls. The zones ‘are currently being reviewed by the State Government’ so ‘until we are informed of that outcome’ they need to work ‘accordingly and that’s why we’re starting here’ even though she thinks that ‘it is the impact on those residential zones which is the most concern’. Repeated that for outside the major roads, ‘we need to see what the government does in those’ areas. ‘As I understand it’ council will be ‘looking at schedules to preserve those’ areas ‘better’ and ‘some further work at transitioning from zone to zone’. The interim controls ‘will give us some time to work through in greater detail’. Other councils ‘sometimes failing in their bid’ to have mandatory heights such as in Mentone who wanted 4 storey mandatory but the Minister made this discretionary, ‘they have already started receiving applications for 6 storeys’ and ‘that seems to be what we will have to expect’. Boroondara did have mandatory but ‘those have actually been overturned’ in the main activity centres. Said she was ‘hopeful’ and ultimately ‘moving along to other areas of Glen Eira that do need to be addressed’.

LIPSHUTZ: stated that ‘every councillor’ has ‘had concerns about height limits throughout our municipality’. Years ago 3 storey buildings ‘were too high’ but now it’s 6, 7 and 8 and ‘because we don’t have height limits’ and ‘the interpretation by VCAT has changed’ and they are ‘allowing buildings to go up which do not accord with what we and residents want’. ‘Politics is the art of the possible’ so ‘it’s not what’s right, what’s best’ but ‘what is actually attainable’. Said he would ‘love’ to see limits ‘across the board but realistically that’s not going to happen’. Said he saw an email from a resident who had written that if councillors ‘really cared’ they would ‘go for mandatory’ height limits. ‘We do care’ and we’re doing ‘this because (all mandatory) is not obtainable’. ‘It’s a huge risk’. The Minister could agree with mandatory ‘but realistically I don’t think that’s going to happen’. The Minister could also say ‘I”m rejecting it all; go back to the drawing board and start all over again’ or all discretionary. ‘We have to turn our mind to what we see as important’ and ‘we have a better chance of getting this’ than getting ‘nothing’. This is ‘interim’ so he hopes that ‘in two years time’ they will have done their ‘reasonable’ structure plans and this will enable them to ‘go to the Minister’ and say ‘some of the discretionary height limits should now be mandatory because of our research’.  ‘I would rather see something than nothing’ and this ‘plan is likely to be accepted’. ‘If we go the other way which is certainly the popular way to go’ then councillors would be ‘popular’ but it ‘isn’t the attainable way to go’.  As councillors ‘we have to ensure that we do the best for the city’ and ‘residents’.

LOBO: ‘we have rattled our residents with all the zones’. The forums let councillors hear ‘loud and clear’ how they are ‘destroyed’ and how their homes ‘have been taken by these residential zones’. There’s also the ‘ripple effect’ from the State Government’s ‘directives on parking’ and there’s the infrastructure ‘which will obviously have to be replaced’ and end up as ‘increasing rates’. One resident was so angry ‘he kept me for 2 hours in his house’ and told him ‘this is not the way to insult our intelligence’. ‘If we want to settle the anxiety of the residents’ then there shouldn’t be discretionary height limits. With discretionary then ‘vcat can do the opposite’. ‘This is not a solution’.

PILLING: thought that ‘we’re all on the same page here wanting the best possible protection’ but council needs to put the ‘strongest case forward’ and the ‘most likely’ to get approved and ‘then work towards getting even stronger controls’. According to the ‘best advice’ the option is to go for a ‘targetted approach’ which ‘gives full justification for the mandatory areas’ instead of doing a ‘blanket approach’. The north sides of both Carnegie and Bentleigh ‘do have car parks’ so their impact on residential zones is limited. Council is ‘calling for what residents have been asking for’. Thought that ‘we are addressing’ resident concerns and ‘doing it in a measured way’. As for what Lobo has said, he attended many of the forums and council is addressing what residents wanted especially about the southern sides of Neerim and Centre Roads. ‘We are listening to the community’.

MOTION PUT AND CARRIED

VOTING FOR: PILLING, LIPSHUTZ, HYAMS, ESAKOFF, HO, DELAHUNTY, SOUNNESS

VOTING AGAINST: MAGEE, LOBO.

 

COMMENTS

  • If Lipshutz is, and was, so concerned about height limits in Glen Eira, then perhaps he can explain why on on a 12 storey application and 173 units he espoused the following (dates are from our posts) – Went on to ask ‘why is 12 storeys wrong’? Agreed that there would be an impact on traffic though but that would happen regardless of whether it was 8 storeys or 12 storeys. Further, this is a ‘high quality building’ and not cheap and nasty. The area is mainly commercial/industrial and there’s nothing really nice about it and this would ‘improve the area’. If the application was for anywhere else he would support the alternate motion but not this time. “I see nothing wrong with this building in this particular site”. (13/11/2012).
  • Contradictions abound. Lipshutz says that the ‘research’ will be done in the next two years for the structure plans. Pilling says that council’s ‘targetted approach’ of only partially mandatory heights will have ‘full justification’. Thus has ‘research’ really been done already? Or has bugger all been done over the past 12 years and this is simply buying council time whilst fulfilling Wynne’s orders? Or has council via the back door already had confirmation that this will get through so no need to do all the hard yakka?
  • Esakoff like so many others fails to reveal the full truth. Boroondara gained mandatory height limits for 31 of its shopping areas. This included 28 ‘neighbourhood centres’ strips and 3 main commercial strips in the major activity centres. Wynne then did remove the mandatory height limits on the 3 major shopping strips but Boroondara has kept its three storey maximum in 28 neighbourhood centres. Further, because Boroondara had done its work there was ONE AMENDMENT which covered everything. In Glen Eira we face the prospect of 20 years work before all our 10 neighbourhood centres are protected.
  • The old tactics of fear dominate. Amazing how other councils refuse to wait and implement their own policies well before the State Government gets around to it – (ie Water Sensitive Urban Design) and parts of Moreland’s Residential Code. Surely it is time that instead of saying that things are ‘unattainable’ that council is prepared to have a go? Other councils do!
  • Finally, where is Ho on this vital issue? Why his silence? In fact, Ho uttered approximately 50 words in the entire council meeting! We guess that his developer interests might make his contribution(s) somewhat suspect?

Pilling moved motion to accept recommendations as printed. Sounness seconded.

PILLING: started off by going through the various height limits proposed in both amendments. Then said that this ‘came about’ because of the ‘extended consultation’ and how council ‘adopted’ residents views at last council meeting. Plus the motion to apply to the Minister. Claimed that the current motion ‘sets out’ what council ‘hopes to achieve’ via the interim height controls ‘while we do the work of the workplan‘. Called it a ‘targetted approach‘ and that council would ‘advocate strongly’ that the areas abutting residential zones ‘need more protection’. ‘We need to have more controls’ in those areas because they are the ‘most vulnerable’. The Minister has said that ‘mandatory’ height limits in commercial zones ‘will only be given in exceptional circumstances’ and council believes that ‘what we are doing tonight’ has ‘exceptional circumstances’. Said that ‘it is important that we do the work’ and in ‘putting in our reasons to the Minister which are quite reasonable’ and this ‘allows us in the interim to do the work’. Thought that ‘this addresses’ community concerns about ‘what will happen in the next couple of years’ and that this is a ‘good balance’ between ‘putting in some real protection’ and not putting in something that ‘will be rejected’.

SOUNNESS:  stated that this ‘is a contentious issue’ for people and that they want ‘more security’. Council can ask for measures and then the Department and the Minister will make their responses. Fearful that the two areas (Bentleigh/Carnegie) amendments will be rejected because ‘not founded with sufficient cause‘. Other councils have applied and they ‘haven’t been successful’. He thinks that ‘having a relatively simple application’ over ‘part of Glen Eira’s development areas and not all of it’ will be ‘more sympathetically received by the Minister’. If ‘we were asking for something more’ then the chances of rejections are greater. Said ‘we don’t know until we apply’ but it’s better to aim for ‘what we can get’ and what ‘the community wants’. ‘There does need to be some development taking place in Glen Eira’ and council wants to be ‘able to control that’ but like with the Level Crossings Removal Authority, they do what they want and ‘council doesn’t have oversight over everything’.  Saw this as a ‘fairly good attempt at getting a positive outcome’.

MAGEE: said that councillors had ‘sat around this table’ for 8 years and others 4 and there are two words that he has ‘come to dislike’ – ‘discretionary’ and ‘plan’. Said he’s ‘never seen’ either come ‘back in our favour’ from VCAT. When the VCAT member sees the word ‘discretionary’ then he says ‘great, leave it up to me’ and the same for plan, since ‘this isn’t law – it’s just a guide’. Council can only control things by ‘implementing mandatory height limits’ as they did with the new zones. ‘I’m more than happy with the 5 storey area’ but he is ‘unhappy with anything that is discretionary’ and gave the example of the 13 storeys around the Ormond Station where the ‘government has already made the determination that 13 storeys is acceptable’. With discretionary ‘we are leaving ourselves open to getting something we just don’t want’. These are interim while they do the structure planning and he’s not a ‘great fan of structure plans’ although they do ‘show where controls can be brought in’ and it’s just ‘what you think should be there going into the future’. For the Carnegie amendment ‘I don’t mind the 7 storeys’ but ‘again it’s got that word discretionary’. ‘There’s no win, there’s no gain for us having discretionary height limits’. They need mandatory especially when in ‘2 years time we’ve seen what the structure plan looks like’. The Minister has ‘asked us’ to do this not because ‘he thinks we are doing a bad job but because we actually wrote to him, asking could we do it’. Claimed council has got the ‘support’ of Staikos, the department and the Minister. Although there are car parks behind some of the discretionary 5 storeys in Bentleigh, who’s to say that this doesn’t become ‘6 or 8 storeys’ when applications come in. He again ‘cites what’s happening at Ormond’ where the government has ‘said that 13 storeys is acceptable’. So if it’s ‘acceptable there’ then Centre Road is ‘only a couple of hundred metres away’. He is worried that during the 2 years taken to do the structure plans ‘we’ve already got the sevens and eight’ storeys and ‘that becomes the pre-requisite’.  They’ve got 2 years to do the structure plans which will ‘point us in the right direction’ for the next 10 or 20 years and ‘council has always done this’ since they were ‘one of the first to actually have different zones’ and that’s ‘why it was so easy to transfer over’ to the new zones. ‘Mandatory is the protection we need’ and ‘I believe we have the will of the Minister’ and ‘we’ve got a lot of people on our side’. Said he is a ‘firm believer in seize the moment. If the opportunity arises, grab it’.

HYAMS: wanted to go through some ‘history’ since people are asking ‘why’ council is only doing structure plans now and ‘not earlier’. Stated that they had Jeff Akehurst and he was the ‘doyen of town planning’ and he got the first ‘town planner of the year’. ‘So when Jeff said something about town planning, we listened’. Back then you ‘couldn’t get mandatory height limits’ but only discretionary and Akehurst told them that ‘discretionary height limits tended to be in those days’ ‘to act as a minimum’. That meant with 4 storey discretionary ‘they would start at 4 storeys and then go up’ and that council ‘had policies that would protect us from that sort of thing’. Claimed that ‘that worked well until recently’ when VCAT ‘changed its interpretation’ and ‘all of a sudden our policies didn’t work so well’. The policies of council hasn’t changed but ‘VCAT’s interpretation’ of them. Since many other councils have got height limits, and the other policies like ‘overshadowing and setbacks’ don’t count. Council then ‘found ourselves in a position where we had to play catchup’. Claimed that ‘about a year ago’ as a result of ‘various VCAT decision, I and others’ thought that council has to now do something about it and ‘that’s why we are where we are’. Thus even though ‘discretionary may not be so great’ it is still ‘better than the alternative’. Strcuture planning ‘takes a long time’ because ‘you need to provide justification’ for the plan. So there is these interim height limits but ‘anything we do as a council’ still needs government ‘approval’. And council has to ‘prove to the government that we have the capacity to cater for the population growth’. Council can’t say that there are other councils which can handle this and that ‘we’re not going to’. Said that ‘I would like to put mandatory protection over all these areas as well’ but that’s only allowed in ‘certain circumstances’. Read from the officer’s report about the ‘exceptional circumstances’. Spoke about Mentone’s mandatory heights and how they ‘were peeled back by the Minister’. Hoped that council ‘could get mandatory’ height limits for those commercial areas that backed onto Neighbourhood Residential zones. Went through what the amendments asked for. Said that Carnegie is ‘less linear, has more development’ is it is therefore ‘justified’ that they have 7 storeys. The amendments also include other things apart from height such as ‘streetscape’, ‘neighbourhood character and amenity and so on’. He would prefer mandatory but ‘there’s no point in asking for what we won’t get’. If they ask for everything to be mandatory ‘without discerning where we have a strong case and don’t ‘ then the Minister ‘is likely to come back and say I’ll give you the height limits but’ they will be ‘all discretionary’. Said ‘I firmly believe’ that council will get ‘a better outcome’ by putting the case that ‘this area is special’ so it should be mandatory and ‘this other area we can accept discretionary’. ‘If we ask for all mandatory we don’t have the opportunity to put that case’. Plus the minister ‘might throw it out all together’ because he might think ‘we are being unreasonable and tell us to do it all again’.

COMMENT

Wouldn’t it be wonderful if we could have councillors who stood up and revealed the truth, the whole truth and nothing but the truth? That of course requires an admission that Council’s planning over the years has been abysmal, and represents a dereliction of duty. Further it would tell residents that the zones are all wrong and that council sat back and did nothing, even when it knew things were going belly-up for residents over the past decade.

Things to bear in mind:

  • Akehurst might have been the ‘doyen’ of planners – but did councillors ask for ‘evidence’ that their planning tools were working? When did they last ask? What answers were given? How many of them have even read the planning scheme?
  • Could we please stop resorting to the ‘fear tactics’ that have become endemic in this council – first warning off objectors from going to VCAT, and now the Minister has become the bogeyman. Of course, any chance of ‘success’ relies on the contents of council’s planning scheme and any ‘strategic justification’ that has been put together. Recent history suggests that both are sub-standard.
  • Hyams also neglects to include the basic point that with the introduction of the zones, Council did have the opportunity to have mandatory height limits on Mixed Use Zones. They didn’t of course!
  • And what in the end is the real ‘council vision’ except to have more and more development coming into Glen Eira via the zones and prior to that the carving up of the municipality willy-nilly into housing diversity and minimal change?
  • What on earth have our planners been doing for the past 8 months when the order from Wynne came in December 2015? The statistics and analyses of Bentleigh and Carnegie and Elsternwick should already have been well under way- besides, why spend a fortune on computer systems if they can’t provide the necessary data at the push of a button?
  • Wynne did tell council to pull its finger out because it has had a deplorable history in planning and is so out of kilter with every other municipality that he was forced to act!

Finally we wish to comment on something we have written on peviously. VCAT HAS NOT CHANGED ITS INTERPRETATION AS HYAMS WOULD HAVE US BELIEVE. We could literally pinpoint hundreds of VCAT decisions prior to 2013 and even as far back as 2005/6, where the decisions in favour of permits refused by council could have been written yesterday by the VCAT member. The reason is clear: permits granted have had absolutely nothing to do with VCAT changing its interpretations and EVERYTHING TO DO WITH COUNCIL’S OWN PLANNING SCHEME. Below are just two more examples of this – both from 2006 and both concerning developments in the so-called Urban Villages. We challenge anyone to indicate how these comments are any different to what VCAT members are saying today!

it was put to me that the proposal is an over-development of the site in being too high and/or out of character with the locality, or alternatively that the proposal will have unacceptable amenity impacts on neighbouring occupants. The critical issue in this opposition was clearly the acceptability of having a four level building compared to a three level one. I conducted a view of the site and locality after the hearing.
3 In summary, subject to a proviso listed below, I am satisfied that the proposed four storey building can comfortably sit on the site. I rely here on the strong policy support for the higher density residential use of the site, the context of other 2/3 storey existing buildings nearby, the quality of the design, and my view that any amenity impacts on the neighbours is within acceptable parameters. While I can see his arguments, I am not convinced that it would be a good planning outcome to shave one storey off the proposal as put to me by Mr Fleming.

It is clear to me that Elsternwick Village is one of a relatively few places in the Glen Eira municipality where the Planning Scheme is actively encouraging a bolder approach to new residential development. That is, in light of the reality that the Planning Scheme classifies much of Glen Eira as areas where minimal or possibly moderate residential change is encouraged, it is very significant that Elsternwick Village is one of relatively few locations where the Planning Scheme sends a very different message. It follows that if Glen Eira is to play a legitimate role in accommodating the population growth of Melbourne as per Melbourne 2030 in the face of these constraints on residential development in much of the Glen Eira “residential hinterland”, this arrangement only makes planning sense if urban village locations in the municipality such as Elsternwick make a major contribution to urban consolidation.
36 In this important overall policy context, I have highlighted above those sections of clause 22.05 (Urban Villages Policy) and the draft “Design Vision for Elsternwick” document which seem most applicable here. The key text from these documents send a clear message that higher density residential development is being encouraged in Elsternwick Village.
37 In summary, there is strong policy support for robust residential development in this part of Elsternwick Village, rather than an inappropriately timid approach. This policy situation reinforces the general “rule of thumb” that residents who live in or near an activity centre such as this cannot just expect the built form character in this locality to remain static, and also cannot expect the same levels of residential amenity as persons living in the “residential hinterland”. http://www.austlii.edu.au/au/cases/vic/VCAT/2006/83.html (2006)

As indicated earlier, the Bentleigh shopping centre has been identified as the focal point of 1 of the 3 “urban villages” identified by the council. The MSS states that urban villages are based around the major shopping centres within the municipality. Further, the MSS states that the urban villages are the places where smaller scale office development and higher density housing is encouraged both within and around the commercial zoning.[12] The MSS specifically contemplates that the “Urban Villages Policy” will be used to “promote higher development densities”.
47 The “Urban Villages Policy” at clause 22.05 then goes on to say that these areas are the “preferred location for the municipality’s highest densities of residential development”.

Under the policy, the site is located within precinct 2 – “The Retail Hub”. Outcomes envisaged for this area include the strengthening of retail activity at ground level; offices and residential uses to be located on upper floors and buildings along Centre Road to increase in height. We acknowledge that “parameters” for increased height with respect to matters such as the impacts of shadows, building articulation and the provision of a transition with the surrounding residential area; however, the policy makes a clear statement that increases in building height are to be expected.
49 We acknowledge that the policies and strategies within the scheme call for built form outcomes that respond to the context and character of the area. However, in our view, there can be no escaping the fact that the thrust of the strategic approach advanced by Melbourne 2030 and supported by the council’s own policies is to encourage intense redevelopment and the highest densities in and around the Major Activity Centres and/or Urban Villages.
50 Increases in building height are an inevitable consequence if the intensity of development is to be increased in a particular area and this is acknowledged in the Urban Villages Policy.

We appreciate that the height of the proposed building represents a reasonably significant departure from 1 and 2 storey height buildings that have traditionally been found along Centre Road. However, we do not consider that the assessment of whether the height of the proposed building is acceptable or “fits in” can be solely based on a comparison with what now exists. To do so would present a somewhat confusing scenario whereby on the one hand, the scheme’s policies encourage higher densities, more intense development and therefore “change”; only for this to be stifled by the requirement that new development must “fit in” with what now exists

Part 2 will follow shortly!

PS – We thought it worthwhile to remind readers of the following resolution from the minutes of May 2015 – just a little over a year ago! Please note that the requested reports ‘in 12 months time’ did eventually come up and councillors again voted in their usual manner – let’s do nothing! Thus, when Hyams opens his mouth and starts telling the gallery that he and others were becoming ‘concerned’ about the zones and VCAT, about a ‘year ago’, it is even more remarkable that he could vote for a motion that mandates the ‘do nothing approach’ and how wonderful the existing planning policies are! The gulf between words and action are greater than the Grand Canyon!may 19 2015

A quick report on tonight’s marathon council meeting:

  • Development applications went according to officer recommendations
  • Hard copy again different to online agenda in terms of the in camera item – more monumental stuff ups regarding potential purchase of open space with no explanation or apology offered
  • Amendments C147/8 on interim height limits were passed with Magee and Lobo voting against on the basis that everything should be mandatory. Arguments (if they could be called that!) put up by Lipshutz, Hyams, Esakoff, and Pilling, were once more based on ‘trust us, we know what we are doing because if we went for all mandatory, then the Minister would be likely to make it all discretionary’.
  • Caulfield Racecourse another monumental ‘let’s wait for the Minister to act, rather than have council reps resign now’ because there is a danger here in what the MRC could do!
  • Public question time reminiscent of kindergarten playtime, where the CEO asked questioners to put up their hands if they were present in the gallery. By this stage, after 2 hours of councillor waffle and woeful debate, most people had left and who could blame them given the fact that most of these councillors simply like the sound of their own voices and the quality of ‘debate’ is totally underwhelming! Please remember that if the questioner was not present then the question nor answer was read out and neither will this appear in the minutes. Thus the wider community has no way of knowing what the issues are, nor council’s responses. This is called open, accountable and transparent government – for which we’ve got Lipshutz, Hyams, Esakoff, Pilling, Ho to thank!
  • Magee being Magee – a useless request for a report on the Claire St VCAT decision. Asking what recourse council has – ie whether an appeal to the Supreme Court has any merit? No doubt the eventual report will come back and state that there is no grounding in law for an appeal and that it would cost hundreds of thousands. We suggest that the cheaper and quicker remedy would be to change the zones, which after all is what the community has been demanding for ages!

Full reports in the coming days.

In 2004 all councils throughout Victoria were given the option of introducing interim height limits for Neighbourhood Centres as well as interim structure plans for their major activity centres. Glen Eira Council voted against doing a single thing to help ameliorate the problems identified by residents as far back as 2003. The issues of 2016 are a mirror image of what was stated way back then and raises the fascinating questions of :

  • what would Glen Eira be like today if in 2005 Council had taken the opportunity to implement structure planning and interim height limits?
  • Would we now be faced with the fact that it has taken an order from the Minister of Planning to ensure that Glen Eira falls into line with every other metropolitan council?
  • To what extent would residents now be better off given the ineptitude of the proposed Amendments C147 and C148 simply because the necessary ground work has never been done and these amendments are merely the most minimalist response to the Minister’s demands?

One must wonder why in 2005 Council rejected the offer from the State Government. Was it because they realised that structure plans and height limits would hamper development? Was it because they simply didn’t have the competence to do a decent job of providing the necessary strategic justification? Has anything really changed in the past 11 years?

Below is one page from the Community Plan of 13 years ago that identifies in black and white the same issues that are still with us – plus another snippet which shows that today’s scapegoating of VCAT is also nothing new – but Council still didn’t address these concerns over 11 years. All that has happened is that we got the atrocious zones and the scapegoating of VCAT has become more vociferous!

Pages from 2004 CPlan2010-050615-2community plan 2003 presentation

 

So here is what residents could have had. On the 7th February 2005 an officer report was tabled which recommended no action be taken by council.  The following are all quotes from this report which we’ve also uploaded in full (HERE). Two councillors who voted for this dereliction of duty are Hyams and Esakoff. They are still there, joined by their fellow pro-development councillors and turncoats such as Pilling.

The recommendations read –

That Council notes that following the approval of former Amendment C25, it now has policy protection in the Glen Eira Planning Scheme for Minimal Change Areas (80% of the geographical area of the city) and Neighbourhood Centres.

C) That Council continue to monitor the performance of its local policies particularly at VCAT. Should it become evident that Council policy is not offering adequate protection for our centres and established residential areas,then use of these tools could be considered

At this stage there does not seem to be the need to embark upon what would be an extensive public consultation and amendment process when a level of protection through local planning policy already exists (introduced by Amendment C25).

Options / considerations –

  • There do not appear to be any neighbourhood centres under particular or immediate threat from inappropriate development which would warrant immediate application of a maximum height control.
  • A certain amount of strategic work would be required to justify any proposed height limit in a neighbourhood centre, balancing the need to protect the amenity and character of a centre whilst not discouraging appropriately scaled development from occurring.
  • The structure planning process needs to have commenced for this tool to be considered.
  • Interim Structure Plans could be a useful tool for the Bentleigh, Carnegie and Elsternwick Urban Villages. It is considered the optimum time to use this tool is once Council has adopted the Urban Design Frameworks and agreed to commence the amendment scheme process. In this way the adopted Structure Plan in the form of an amendment, would be given statutory teeth up until final approval by the Minister. (This is the same mechanism that is always used associated with heritage controls)
  • It is anticipated that the Urban Design Frameworks will be reported to Council mid-year

Local Policy Protection

Glen Eira is in the fortunate position of having local policies in place which limit development in our established or minimal change areas as well as guide development in our activity centres. With the approval of Amendment C25, a number of objectives and policy statements in our local policies now deal with the height of buildings. We thus have protection in both our minimal change areas and neighbourhood centres through policy wording. At this stage this degree of protection is considered appropriate.

The additional tools introduced by the State Government are a welcome addition to the suite of tools available for Councils to use where appropriate to improve their planning schemes. At this stage, however, there is no need or urgency for Glen Eira to apply any of these options.

Our established residential areas have policy protection through former Amendment C25, and there does not seem to be any such areas under threat from buildings higher than 9 metres.

Similarly, in neighbourhood centres, building heights do not seem to be a major issue and Glen Eira’s neighbourhood centres currently enjoy a level of protection introduced by Amendment C25 through the performance based requirements of Council’s Housing Diversity Areas Policy.

With regard to Interim Structure Plans, this tool may be useful when the Urban Design Frameworks for Bentleigh, Carnegie and Elsternwick have been adopted by Council and a planning scheme amendment is commenced.

It is important however that Council continue to monitor the performance of its local policies particularly at VCAT. Should it become evident that Council policy is not offering adequate protection for our centres and established residential areas, then use of these tools could be considered.

COMMENTS

  • Had council taken decisive action in 2005, then development could have been contained
  • Had council taken decisive action in 2005, then we would not have the need for the Minister to finally order Council to do what every other metropolitan council has done
  • Had council taken decisive action in 2005, then we would not have the knee-jerk and substandard Amendments C147 and C148 because a lot of the groundwork would already have been done to produce planning that is of a sound standard.

And it is worth keeping in mind the following:

  • Hyams and Esakoff were 2 of the councillors who voted for the ‘do nothing’ proposal in 2005.
  • Promises of urban design frameworks have never eventuated. Why not?
  • Monies for structure planning for Glen Huntly were handed back to the government. Council has simply refused to undertake and implement any structure planning
  • The housing trends were already surpassing the 9 metres in minimal change areas – council itself has provided statistics which show that 3 and 4 storey developments were occurring in minimal change. Yet the argument produced in 2005 was that everything is ‘fine’ and that Glen Eira has adequate ‘protection’. Even the period between 2005 and 2010 showed the lack of real policy protection for residents – again met with silence by council.
  • The Planning Scheme Review of 2010 (6 years later, when residents echoed the same concerns regarding overdevelopment) specifically noted that ‘no structure plans’ were to be done.
  • In 2003 council was already complaining about VCAT. Yet in the 2010 Planning Scheme Review it stated on page 8 – As a general rule, Glen Eira has little difficulty defending local policy at VCAT, which is a good indication that the underlying philosophy of policies is sound. We remind readers that our analysis of published VCAT decisions for the years 2008-2010 showed that council had less than a 50% success rate at VCAT.
  • The current mantra proffered by council is that with the new residential zones, resident demands for ‘mandatory height limits’ was implemented. Then why, oh why, is there not a single mention of this resident demand in the 2010 planning Scheme Review Report?

Nothing can excuse this council’s refusal to act. And the same culprits, especially Hyams and Esakoff, who were there in 2005 have been joined by the likes of  – Magee, Pilling, Lipshutz, Sounness, Delahunty, Lobo. Ho is new, but with his developer links and history, we do not hold out much hope that he would be any different if elected!

These documents truly reveal a dismal history of neglect, failure, and indifference to resident concerns.

Agenda Item 9.4: Interim Heights

Council’s agenda features Amendments C147 and C148 which will go to the Minister seeking ‘interim height limits’ for the Bentleigh and Carnegie activity centres. The proposed amendments are for areas zoned commercial and mixed use.

Whilst Council is to be applauded for getting the ball rolling, there are many features of these amendments that are far from satisfactory and which will achieve very little in terms of protecting neighbourhoods. We have uploaded the full report HERE.

The concerns we have are:

  • Many of the proposed height limits are ‘discretionary’ – meaning that developers can, and undoubtedly will, apply for much higher buildings.
  • The metres nominated are highly questionable – given the residential zones. For example: In both amendments we have such schedules as “14 metres comprising up to 4 storeys”. If developers can now erect 4 storey buildings with a height limit of 13.5m, then surely they can cram 5 storeys into 14 metres. All that has to happen is a lowering of ceiling heights, or the slope of the land. Why hasn’t council stuck to the 10.5 and 13.5 height limit here?
  • The amendments also allow a 4 metre extension (ie lift over-runs, antennaes, etc). 4 metres is extraordinary when the zones provide the developer with only a 1.5 metre leeway.

The most grating aspect of these amendments however is the failure to ask residents what they think are the appropriate heights in any of these areas. Now, with a resolution to go to the Minister under ‘fast track’, there will again be the exclusion of the public to provide a viewpoint. Nor is there one scrap of strategic justification provided as to why 7+ storeys is acceptable in Carnegie. Has council really done its necessary homework, or once again sat down at their computer desks and drawn lines on a map? And what of the requirements for setbacks? Why keep accepting ResCode when it has been such a dismal failure? We remind readers that when other councils introduce DDOs (Design and Development Overlays – even interim ones) these features are included. Not in Glen Eira! We suggest that once again this is lazy and poor planning and does not meet the community’s expectations.

Some aspects of these amendments are literally laughable.The Bentleigh one basically regurgitates what the current planning scheme contains – ie Buildings on the North side of Centre Road to be designed and articulated so that they do not overshadow onto the footpath on the southern side of Centre Road at the September equinox at noon. (amendment) and the current planning scheme has – Buildings on the north side of Centre Road are articulated, so shadow is not cast onto the footpath on the south side of Centre Road.  We therefore wonder how on earth the potential for a 5 or 6 storey building on the North side of Centre Road will not cast a shadow!

FYI, we’ve summarised the proposals below:

carnegiebentleigh

PS: we wish to highlight some other anomalies in these proposed amendments. Here is the map of the zoning in Centre Road.

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Please note:

  • For the ‘northern’ areas of Centre Road where commercial sits alongside Neighbourhood Residential zones (ie Wheatley Road, Rose St) council has imposed a 4 storey MANDATORY HEIGHT. Thus for this side of the road it was deemed appropriate that the 4 to 5 storeys sit alongside an 8 metre mandatory height limit.
  • On the other side of Centre Road (directly opposite) there is a mandatory height limit of 3 + storeys. Why? Admittedly there is a Heritage Overlay for these streets ( ie Sunnyside, Eddy’s Grove, etc) but this still does not excuse in our view why one side of the street should be given a different mandatory height when both abut NRZ homes.
  • Things get even more crazy when we consider the proposals for Robert Street – A 4 storey mandatory height limit for commercially zoned land along the southern side of Centre Road between Mavho Street and Robert Street . Two streets up from Mavho, we have another heritage overlay. But these are zoned Residential Growth Zone. Thus, instead of changing the zoning, Council it seems has simply chosen to once again do nothing about the zones and to use these amendments to simply rubber stamp the existing zoning. When one side of Centre Road gets a 3 storey recommendation possibly because of its nearness to a heritage overlay, and up the road for streets that are in a Heritage overlay are assigned 5 storeys, then planning is awry and incompetent.

The bottom line is that council will do nothing that involves changing one single aspect of its atrocious zoning.

Readers will remember the furore over Claire St., McKinnon and how this dead end street of 14 or so houses (zoned GRZ) has been bought out by developers. The first application was for 3 storeys and 34 apartments. Both council and VCAT refused the application. So now we have the new VCAT decision for 3 storeys and 33 apartments. The permit was granted!

The member’s decision should be compulsory reading for every single resident who has any doubt about the impact of the zones and what they mean for their streets and their suburbs. Magee can cry all the crocodile tears he likes at VCAT’s doorstep, but what has he and the other councillors done to review and amend the zones over the past 3 years? The continual lament that VCAT ignores council ‘policy’ is shown up again for the bogus and spurious claim it is. Claire Street and its development is part of council’s ‘local policy’ and thus another street is literally handed over lock, stock and barrel to developers!

Please see the following extracts:

In the Steller Elite decision (ie first application) I analysed the guidance provided by the Glen Eira Planning Scheme, which lead me to conclude that the outcome encouraged for the review site is one of increased housing supply that will constitute a marked change to the existing neighbourhood character. I set out below that analysis and rely on it given that no consequential changes have occurred to the Glen Eira Planning Scheme in the intervening period.

I understand this vision does not agree with the hopes and aspirations of the local community, including those that appeared at this hearing. I was moved by the emotional submissions made by a number of residents that have clearly planned their long term future here in this neighbourhood, and who see this future threatened by the type of development proposed for the review site. While I have been moved by these submissions, I must be guided in my decision making by the content of the Glen Eira Planning Scheme. This Planning Scheme has been drafted and adopted following extensive community consultation, thorough analysis by an independent panel of experts, and approval by successive Ministers for Planning. By law, I am required to consider the submissions that I have heard, and assess the plans that are before me, through the prism of guidance contained in the Glen Eira Planning Scheme.

In this proceeding, Mr & Mrs Menko lamented that most of the lots in Claire Street have now been purchased by developers, and are likely to be subject to forms of development like the one before me. They resist this level of change, and the likelihood that only two of the original single dwellings will remain. They also raise concerns about how this extent of development can be suitable for a dead-end street, with its only access point to McKinnon Road, and limited on-street car parking supply. They also question the ability of McKinnon Road to accommodate the additional traffic. I understand the frustrations and anger expressed by residents about the rate of change that might occur in Claire Street. However the extent of redevelopment that is likely to occur is a direct realisation of the very clear intent of the Glen Eira Planning Scheme, in particular the local policies created by the Glen Eira City Council.

The Glen Eira Planning Scheme clearly supports substantial development in Claire Street, McKinnon. This substantial development is not expected to imitate or reflect the style and form of the single dwellings that currently exist in this and other streets. Instead, a policy intent has been clearly been articulated for Claire Street, by the Glen Eira City Council, that encourages more intense and more diverse housing forms. Invariably this means that apartment buildings are strongly encouraged in this neighbourhood.

It is clear, when taking into account the policy framework as whole, that apartment style development is the undeniable future for Claire Street, McKinnon, as clearly identified and articulated by the local policies contained in the Glen Eira Planning Scheme, as drafted by the Glen Eira City Council.

In their submissions in this proceeding, the Council did not challenge my previous analysis of the relevant planning framework, and conceded that there were no consequential changes to the relevant policy framework in the intervening period. As such I find it appropriate to rely on my previous analysis in this proceeding, an analysis that identifies significant policy support for increased housing that represents significant change to the existing neighbourhood character in this locality.

Clearly this is a typology and scale of development that will still contrast to the surrounding single and double storey dwellings. That outcome is an intended result of the application of the clear policies pursued by the Glen Eira City Council for this housing diversity area. It is an outcome that will continue to prevail throughout this housing diversity area, as more and more sites are redeveloped for apartment style development. However I am satisfied that the revised development for the review site now mitigates the offsite impacts of the proposed built form to the streetscape, in a manner that is appropriate and acceptable.

I acknowledge that the proposed development will represent a significant change for the adjoining property owned by Mr and Mrs Menko. However it is an extent of change that is anticipated, and indeed encouraged, by the provisions of the Glen Eira Planning Scheme. For these reasons I not persuaded that the matters raised in the statement of grounds lodged by Mr and Mrs Menko should influence the proposed outcome for the review site.

The proposed development provides car parking for both residents and visitors at rates that either meet or exceed that required under Clause 52.06 of the Glen Eira Planning Scheme. Therefore as no permit is required to reduce the extent of car parking to be provided on-site, I have no means by which to review whether the extent of car parking provided is reasonable and appropriate, nor to require additional car parking to be provided on-site.

In their statement of grounds, Mr and Mrs Menko again raise concerns in relation to the traffic impact on Claire Street. In the absence of any new analysis of the current and proposed traffic levels within Claire Street, I must give significant weight to the independent assessment that has been undertaken by Council’s traffic engineers, who support the proposed development, including the extent of traffic increase that will occur to Claire Street. I do not doubt that the additional traffic from the development of the review site will increase delays for drivers exiting Claire Street. However that is an inevitable consequence of the deliberate and informed decision made by the Glen Eira City Council to identify Claire Street, McKinnon as a preferred location for this extent of housing change.  For these reasons I find that there are no car parking or traffic grounds on which to withhold the grant of a permit.

I find that a number of the components as drafted by Council simply reiterate aspects of the proposal that are already shown on the plans. For example a condition requires the provision of car parking at certain rates when car parking is already provided at those rates, and another condition requires the development to have a specified maximum site coverage, when that site coverage is already achieved. I do not consider that an amended plans condition should be used in such a manner, and so have deleted parts of Condition 1 where I find that the requirements are already achieved.

Source: http://www.austlii.edu.au/au/cases/vic/VCAT/2016/1401.html

pill0003

Here is how Pilling summed up:

PILLING: thanked residents for the ‘most successful consultation’ in Glen Eira and that the review ‘largely reflects’ what the community wanted. Said that the issues are more than structure planning but include infrastructure, parking, etc. ‘It’s a wide range of issues’ but ‘the only practical way’ since it is an ‘ambitious’ document is to ‘allow time to get it right’. Endorsed Lipshutz’s comments regarding the Lobo comments and stated that the latter’s comments were ‘totally inaccurate’ and that he wants to remind Lobo that ‘he did vote to bring the new zones in as well as every other councillor who was here at the time’.

Thought that the action plan was ‘practical’ given the ‘biggest population growth in melbourne’s history’ and ‘we are trying to manage that’. ‘Looking back’ they may have done something ‘different in the past’ but ‘certainly times have changed’ and ‘we are responding to that’. ‘We are trying to address the concerns of the community’. So they are taking on board community concerns and talking with the planning department as to ‘what is achievable’. Repeated that the document is ‘ambitious’ but after ‘tonight will leave us in a better position to plan for our future growth’. Thought the ‘zones have been a very positive step’, Neighbourhood character is also ‘very important’. Council has ‘2 storey 8 metres over 78%’ of the municipality and this has ‘certainly helped’ to preserve neighbourhood character. ‘But can we do more? Yes’ by ‘identifying areas we can improve on’. ‘So it is a continual update’ and he regards it as ‘one of the most important documents’ since he’s ‘been on council’.

MOTION PUT AND CARRIED. MAGEE VOTED AGAINST. ALL OTHERS VOTED FOR.

COMMENT

  • Once again we have confirmation of the illegal processes this council undertakes. No formal resolution was ever tabled or voted on by councillors to introduce, or to even send off a ‘request’ to the Minister on the zones. Thus any ‘vote’ taken was taken in assemblies – a definite ‘no-no’ according to the Local Government Act.
  • On another governance issue – Pilling moved the motion on the interim heights. Since he is ‘chairperson’ of the meeting, he should have stepped down and the deputy mayor taken his place. Plenty of other councils stipulate this in their Local Law meeting procedures. The fact that Glen Eira doesn’t is another example of shonky process and poor governance. Since it is the chair who determines points of order, eligibility of questions, etc., it is inappropriate for that same individual to be moving any motion. But that’s Glen Eira – anything that favours the ruling clique goes!
  • Sounds as if the flavour of the month is the word ‘ambitious’. Perhaps Pilling could inform residents how ‘ambitious’ it is to set a time frame of up to 20 years to implement structure plans for all activity centres and 3 to 4 years for parking precinct plans that have been on the books for the past 10 years?

CONCLUSION

Pilling’s record as a councillor is frankly appalling. Elected on Green credentials he very quickly disowned that party and to all intents and purposes became a Liberal. Nothing wrong with changing allegiances, but not when people voted for him believing he is a Green. Since the party also funded his campaign has that money been returned? We also have it on good authority that some Pilling reps came cap in hand to the Greens seeking Pilling’s re-entry to the Greens and begging for another round of campaign funding! Given his 2 time mayoralty, we would have thought that $190,000+ should buy plenty of election posters and pamphlets! We can only hope that the Greens have learnt their lesson and formally excommunicated their Quisling.

Residents should also remember Pilling’s role in the most contentious issues of recent times and how his vote helped scuttle community aspirations. We refer to:

  • Caulfield Village C60 & Development plans
  • Caulfield Village Cinema
  • Frogmore heritage status
  • Turning more and more of Bailey Reserve into a car park
  • In 2011 Pilling was in favour of a Notice of Motion. In 2016 he voted for public question restrictions that limited transparency and community participation.
  • Casting vote in line with Lipshutz, Hyams, etc. on numerous developments
  • Gagging councillors repeatedly

Here is part of Pilling’s record in voting for permits, many of which he moved or seconded –

1056-1060 DANDENONG ROAD, 8 storeys, 97 units

127-131 Gardenvale Road – 12 units

483-493 GLEN HUNTLY ROAD, ELSTERNWICK – 8 storey, 57 units

687-689 GLEN HUNTLY ROAD, CAULFIELD – 28 units

451-453 SOUTH ROAD BENTLEIGH – 5 storey, 12 units

149-153 NEERIM ROAD & 4 HINTON ROAD, GLEN HUNTLY – 17 double storeys

2 MORTON AVENUE, CARNEGIE – 6 storeys, 40 units

15-19 Gordon Street ELSTERNWICK – 8 storeys, 55 units

730A CENTRE ROAD BENTLEIGH EAST – 5 storeys, 29 units

33-35 Jersey Parade, Carnegie – 4 storey, 28 units

115-125 Poath Road Murrumbeena – 4 storey, 33 units

67-73 Poath Road MURRUMBEENA – 6 and 7 storey, 39 units

144 Hawthorn Road CAULFIELD NORTH – 6 storeys, 40 dwellings

2-4 Penang Street MCKINNON – 3 storey, 23 units (permit was refused by councillors, but Pilling & Sounness voted against refusal)

15-17 Belsize Avenue & 316-320 Neerim Road CARNEGIE – 4 storey, 52 units

22-26 Bent Street BENTLEIGH – 4 storeys, 41 units

29-33 Loranne Street BENTLEIGH – 4 storeys, 42 units

168 Hotham Street ELSTERNWICK – Lipshutz & Pilling wanted 5 storeys and 78 dwellings

339-341 Neerim Road & 19-21 Belsize Avenue CARNEGIE – 4 storeys, 35 units

64-66 Bent Street MCKINNON – 3 and 4 storey, 31 units (again Pilling & Sounness moved to accept)

1240-1248 Glen Huntly Road CARNEGIE – 6 storeys, 117 units (Pilling/Delahunty motion)

DELAHUNTY: stated that Magee has got a ‘special place in my heart’ because ‘in one sentence’ you can find yourself disagreeing with him and then when he gets to the end you go ‘yeah’. Didn’t know whether she could ‘endorse’ all of Magee’s comments especially on structure planning and ‘proper strategic conversations’.  Said that the review is an important strategic document that should help residents ‘shape’ the community. Said that some councillors think that ‘we should be doing what other councils are doing’ like ‘going down the path of structure planning’. So ‘perhaps if these had been done some time ago’ then ‘we would have had the discussion about’ the strategic vision and maybe the same issues with VCAT but ‘with more influence and the greater ability to more strategically manage the outcomes’.  This is ‘what structure planning does’ even though it might ‘still have ambiguities in it when it comes to appeal rights’ that ‘sort of conversation with the public is very important to have’.  

Gave an example of a planning application for East St. Kilda where it is a very ‘small block’ surrounded by 5 and 6 storey buildings ‘all around it’. But at the ‘other end of the municipality’ the same planning rules exist – such as in Bentleigh and when an application comes in ‘you are standing in a quarter acre vegie patch’. ‘It just feels like such a different part of the world’. So in order to ‘properly’ define these neighbourhoods and ‘how they should grow’ and ‘how we manage the rate of change is an incredibly important piece of work’ and ‘it should have been done by council a long time ago’.  Said that she isn’t ‘having a go’ at others but that ‘we thought we had the right policies in place’ but ‘you always need to check whether you’re doing things in the best manner’. Thought that ‘we were a little left behind’ in this. Said that the Minister ‘is right to point out that we have some inconsistencies’ compared to other councils and that ‘it is right for us to come up with this work plan’. Thought it was proper to set aside ‘time’ and money in order ‘to have this conversation with residents to develop structure plans’

COMMENT

Some slack can admittedly be granted to Delahunty given that she has inherited the decisions of previous councils and was elected in 2012. However, her above comments also deserve some major criticism.

  • Is Delahunty hedging her bets? – ie on the one hand admitting council’s slackness in not achieving anything for years and years, but then on the other hand, excusing this inaction by claiming they thought they had got the policies ‘right’. All one needs to consider is the constant complaints about VCAT and it is obvious that the so called policies were not ‘right’.
  • Delahunty has publicly stated that she ‘lost the argument’ on community consultation on the new zones and that she is glad she lost the argument! In other words, this is condoning the decision to exclude the public. Now we get the motherhood statements of how important it is to have community consultation. Sounds a little like Magee we suggest – inconsistent and opportunistic.
  • Delahunty voted for this draft review, yet there is barely a word about the time lag of the work plan, nor any of the other recommendations. As for ‘setting aside money’ that won’t be until the next budget so more delay. Surely if someone votes for something the least that residents should expect is an insight into the rationale of why, or why not, the recommendations are acceptable?
  • Delahunty has also not been averse to voting for plenty of developments. Here is a list of her voting patterns. Many of these motions to grant permits were moved or seconded by Delahunty –

15-19 VICKERY STREET, BENTLEIGH – 4 storey, 47 units

670-672 CENTRE ROAD & 51 BROWNS ROAD BENTLEIGH EAST – 67 units

10 & 12 Bent Street BENTLEIGH – 35 units

9 & 9A Truganini Road, Carnegie – 20 units

23 Bent Street BENTLEIGH – 34 units

30-32 Ames Avenue CARNEGIE – 12 double storeys

1100 Dandenong Road CARNEGIE – 22 units

337-343 Balaclava Road CAULFIELD NORTH – 33 units

247-251 Neerim Road CARNEGIE – 48 units

143-147 Neerim Road GLEN HUNTLY – 32 units

817-819 Centre Road BENTLEIGH EAST – 26 units

629-631 Glen Huntly Road CAULFIELD – 15 units

1240-1248 Glen Huntly Road CARNEGIE – 6 storeys, 117 units

14-18 Bent Street BENTLEIGH – 55 units

339-341 Neerim Road & 19-21 Belsize Avenue CARNEGIE – 35 units

14-16 Elliott Avenue CARNEGIE – 21 units

495-501 Glen Huntly Road ELSTERNWICK – 7 storeys, 32 units

670-672 Centre Road BENTLEIGH EAST – 5 storeys, 50 units

168 Hotham Street ELSTERNWICK – 4 storeys, 67 units

29-33 Loranne Street BENTLEIGH – 42 units

22-26 Bent Street BENTLEIGH – 41 units

15-17 Belsize Avenue & 316-320 Neerim Road CARNEGIE – 52 units

150 Tucker Road BENTLEIGH – increase of dwellings form 13 to 20

401-407 Neerim Road Carnegie – 5 storey, 57 units

67-73 Poath Road MURRUMBEENA – 6 storeys, 30 units

 

ESAKOFF: stated that others had already brought up what she had wanted to address. Said that structure planning was the ‘first one’ she wanted to talk about. Said that she didn’t ‘know whether they are a good thing or they’re not’. Went on to say that ‘we’ve been advised in the past that unless you go for more they’re not likely to be approved’ and ‘time will tell whether this is in fact the truth or not’. Said she’s ‘been thinking back 13, 14 years before our zones were in place’ and ‘attending meetings that were held to do with the zones’ and in the discussions ‘people were shock, horror’ about 3 storeys ‘in an activity centre’. This ‘had not been seen before’.  15 years down the track and ‘we would probably be very glad that they had a minimum of 5’. ‘Perhaps if we had gone for structure plans that long ago we might have got 5’. ‘We might have been shocked at the thought that it’s five’ but ‘today it’s looking pretty good’. Said that ‘no one can see ahead’ and wished that ‘sometimes we could’. ‘We don’t know what’s around the corner in the years to come and what we will consider acceptable or not’.

Stated that the ‘topics of conversation’ at the forums ‘were pretty consistent’ and people noted structure plans, transition zones. Acknowledged that ‘transition has been an issue since I’ve been on council’ and that she’s ‘always wanted transition to be wider than one block’ and ‘that’s what people want too’. Hoped this could be achieved so it’s a ‘slower transition from one block to another’.

She hoped that ‘we can address’ neighbourhood character since ‘there’s a fair bit of damage done’ so difficult to ‘say in some areas what neighbourhood character is any more’. Hoped that with Neighbourhood Character Overlays this could ‘cover those areas still intact’.

On traffic and parking she thought this could ‘extend further’ than just the borders of the activity centres into residential areas where people are saying they can’t park in their streets anymore. Growing population will impact on this but council ‘has done a lot by way of parking around activity centres’ via refusing parking permits for new developments.

Heritage ‘can do with a review’. ‘No doubt, it’s been a while’. ‘Loss of trees on development sites was also an issue. ‘We have put in place some sorts of barriers to stop moonscaping’ but ‘that doesn’t always work – it doesn’t deter developers overly’.  So ‘whatever’ council decided to do ‘it has to be something that is passed’. ‘If it’s something that is going to stop development altogether it will be stopped in its tracks’ because the State Government ‘is for development’.

Went on about infrastructure and ‘improvements’ and thought this was ‘fair enough and we will see what we can do there’. Open space is also an issue and ‘that’s why we are trying to secure open space in and around activity centres’. However ratecapping ‘has put a little bit of a dampener on that’.

ESD is another issue that ‘we have addressed somewhat and will address further’. Underground parking is another issue and she ‘guesses’ this is about canopy tree coverage on development sites. But ‘underground parking allows for lower heights I believe’ since trying to ‘park at grade you are increasing your height because’ it’s got ‘nothing to do with the reduction of the number of dwellings’.

 

COMMENT

  • God help us!!!!!! Here is a 13 year serving councillor admitting she hasn’t got the foggiest about structure planning! Has she ever asked? What has she been told? Has she ever bothered to read other council’s planning schemes and their numerous structure plans? And what does this say about the ‘advice’ that councillors have been fed from the likes of Newton and Akehurst over the past 13 years? And more importantly, what does it say about the will of councillors and to what extent they have been complicit in a planning agenda that has finally been called out by the Minister as being totally out of kilter with best practice?
  • ‘No one can see ahead’. Surely that is the objective of a good planning scheme – to prepare a vision for a municipality that can stand the test of time. Exactly what is the overall ‘strategic vision’ of Glen Eira, except to create countless opportunities for developers to ruin suburb after suburb?
  • At least Esakoff acknowledges that ‘neighbourhood character’ is now hard to define in many areas. Perhaps if council had preferred character statements years ago, instead of waffly useless phrases like ‘emerging character’ in its planning scheme, many areas would still be ‘intact’? More importantly, is this an admission that all council is intending to do is include a few more streets under Neighbourhood Character Overlays? What is most disappointing about Esakoff’s statements is that residents are provided with literally no idea as to what anything means, nor what council plans to do. Detail is non-existent!
  • Esakoff’s and the other councillors short-sightedness is evidenced by her statements on underground car parking. The issue is far more important than whether or not a few canopy trees can be planted. The issue of underground parking could be calamitous in terms of its impact on the water table and the cumulative impact on constant digging. London research has shown that the more basement car parking allowed in one area, the greater the risk of sink holes – aka Monash last year!
  • Epiphanies keep coming for councillors when less than a year ago, Esakoff was quite happy with the provisions to stop moonscaping and no necessity for a tree register –  ‘the owner of that property should have every right to do what they like’. She has always ‘been on the side of personal rights’ and she doesn’t want people to be told ‘what they can and can’t have’ in terms of trees in their gardens. That’s their ‘domain’ and it’s ‘called private open space – private’. ‘To be personal and to accuse people of inconsistency I think is a disgrace’. Said that people can argue for protecting street trees and planting more trees, but on people’s own property they should decide. Went on to ‘red tape and the costs’ is ‘another layer that the community is over’. Said that the ‘community’ doesn’t ‘want any more red tape’ or costs in choosing ‘what to do with their own private space’. (24/3/2015)
  • and there are good protections currently existing via what council already has to deal with Mentioned ResCode and how this ‘removes the advantage that developers gain’. Permits also come with conditions that trees can’t be removed but this also has a ‘down side’ because years later there’s the request for a change in condition so these trees which are now ‘causing damage’ can be removed. There have to be avenues of appeal with the tree register because that would make it ‘fair’ and to remove ‘those rights of appeal would not be a fair process’. Said that ‘my position remains unchanged’ and that she is against ‘tree control in Glen Eira’. (16/10/2013)
  • Existing mechanisms include town planning, so that if there is a significant tree then town planning conditions are ‘put in place to protect them’. There are also ‘large penalties’ for ‘breach of those conditions’. Other safeguards are landscape plans, 4 metre setbacks and open space requirements which means that more trees can be planted. ‘There are enough hoops to jump through’ without adding to them. (14/10/2013)

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