GE Consultation/Communication


As a result of objections, council has gone out of its way to fudge the facts and to assert what can only be described as unreasonable ‘pressure’ on two objectors to withdraw their concerns and thereby avoid a Panel hearing. The argument as presented in the officer’s report is simple: cave in, don’t object, or you will cost the community $2 million. Utter rubbish we say! Some basic facts:

  • The cited $6 million dollars as ‘revenue’ is NOT cash in hand. This includes the so called estimated land contribution value. Council’s Strategic Resource Plan provides figures of a paltry $2.2 million in cash for the next ten years. We also remind readers that when council was granted the status of ‘manager’ of the Booran Road Reservoir it entered the ‘value’ of this land ($24m) onto its books but it was made absolutely clear that this had NO IMPACT on its financial and operational base. See the minutes of 3rd November 2010.
  • Here’s another incorrect assertion – Public Acquisition Overlays are more likely to be disputed. It would be unfortunate if an Amendment was not supported by a Panel because of a proposed acquisition but the Amendment also included the higher contributions rates which were, as a result, not approved. A panel can disagree with one or two points and still make its recommendations to accept the amendment overall. Many panel decisions include some rejections or modifications of council proposals. It then comes back to council and they have the choice of accepting the panel’s full recommendations as they stand, abandoning the amendment, amending the amendment, etc. It is never an ‘either/or’ situation as these sentences pretend. Ultimately, this is nothing but scare-mongering.

There’s much, much more we could comment upon based on this agenda item. We will conclude with the view that every single resident has by law the option of objecting to amendments. Every resident also has a right to expect that when an amendment is advertised, it is devoid of errors, widely available, and easily accessible. None of these fundamental aspects of process have been carried out by council. The C120 Amendment (that is an actual draft of the amendment) has NEVER been included in council’s agenda papers, nor in its minutes – unlike some of the less contentious amendments! Even for tonight’s decision, the amendment itself is not available in the online agenda items. Residents would be hard put to find any announcements on council’s website for example or, if they happen to have missed the one and only advertisement in the local paper, then they also wouldn’t be any the wiser. Being hidden away behind the desks at libraries also does not fulfill our expectations of fully ‘engaging’ the public. So much for the Community Engagement Strategy with its empty promises and motherhood statements. Actions always speak louder than words and that remains the only worthwhile standard of evaluation.

Council has had years and years of doing nothing about its open space levies. Now suddenly, amendments are rushed through and, as so often happens, are full of errors that can only be ‘fixed’ up later. Instead of thorough planning that looks ahead and avoids countless further amendments to rectify anomalies or gaps, this council appears content to allow such poor practice. The residential zones and lot sizes are the most recent examples of inadequate planning. Other councils like Kingston for example, saw this ‘problem’ straight off and included lot sizes in their first draft of the schedules. Not Glen Eira! Not good enough we say. And to then blame residents for holding up ‘progress’ simply does not wash.

 

Audit Committee

There finally appears to be some ‘movement at the station’ with the following statement – The Chairman recommended that the process for the recruitment of a new Independent Audit Committee Member commence. The in camera items suggest that this process is near completion with this one liner – under s89 2(a) “personnel” which relates to the Audit Committee. Conclusion? That the reign of either Gibbs or McLean is about to end. Reasons for one of these departures is of course not mentioned, and nor has there been any public announcement that we are aware of for the advertising or recruitment of a new member.

Several other items also drew our attention –

The CEO noted that post implementation reviews of previously sub-contracted major projects, had resulted in the tender and referee evaluation process focusing more on how companies managed their subcontractors.

Following consideration of the Land and Buildings valuation paper, the Chairman requested that Council’s top ten open space assets be verified for accuracy of area size.

And from the Charter – An independent minute taker shall be responsible for keeping the minutes…… . A few sentences later there is this sentence – An appropriate officer shall act as independent minute taker to the Committee. We remind readers that for Councillor Assemblies, the municipal inspector had recommended, and council took up the recommendation (for at least some time) of obtaining a completely external minute taker.

Community Consultation Committee

Once again, two of the selected community representatives were absent! If memory serves us correctly, this would mean that only once have all four reps been present at such meetings. Hardly a result to write home about!

Amendment C120 – Open Space Levies

There is much in this item that we will comment upon in the coming days. One thing however is staggeringly clear – the inability of this planning department, plus the State Government’s offices to get something right the first time around. How an amendment can be drafted, sent off for permission to be advertised, given the go-ahead and STILL CONTAIN FUNDAMENTAL ERRORS of fact and accuracy is simply beyond belief. Who is responsible for vetting such documents? Why do these errors occur? What does this say about the entire shemozzle that is the process of drafting and implementing amendments? And most importantly, what does this say about the processes adopted by council. For example: submissions on the amendment closed on the 23rd of June. Submitters were notified on the 24th June that there would be a planning conference held on the 25th June. More indecent haste? More disregard for the public?

The future is writ large in the following article from The Leader! Not that we object to residents using their noggins and making a profit. What we most strongly object to is the failure of this administration and its councillors to do the necessary homework in order to ensure that residential streets are given the maximum protection possible. Unlike other councils’ approach to the introduction of the ‘reformed’ residential zones, we remind readers that our glorious council introduced the zones in total secrecy, with zero consultation, and with such indecent haste that there are countless stuff ups that will now take years to remedy. For example:

  • No minimum size lot for subdivision – meaning that developers can subdivide and then subdivide again
  • No dwellings cap on any lot of above average size
  • No attempt to equal permeability requirements that other councils stipulate – ie. 25% compared to up to 40% by others
  • No ‘buffer zones’
  • Dividing streets and neighbours for no logical and accountable reason. For example Mavho St. (pictured below) where there is now a new application in for a 3 storey, 27 unit development and a reduction in visitor car parking. If this property was on the other side of the street and 8 or so houses down from Centre Road, it would be counted as ‘minimal change’. Why the eighth house is designated as minimal change and the 9th house as ‘housing diversity’ boggles the mind. But that’s the planning in Glen Eira!

 

Melbourne homeowners team up to take advantage of law changes and net $5.76m windfall

THREE savvy homeowners joined forces to sell their properties collectively, making upwards of $1 million profit.

They took advantage of recently changed zoning laws and the growing Asian investor interest in Melbourne.

The Bentleigh trio sold their houses in an off-market deal through Savills Australia.

Neighbours at 14, 16, and 18 Bent St sold their adjoining homes to a Chinese developer for $5.76 million, up to $1.8 million more than could have been expected from separate individual sales.

The undisclosed purchaser intends to apply for permission to develop a multi-level apartment building on the combined 1985sq m site.

Savills Australia’s Julian Heatherich, who negotiated the sale, said the neighbours could reasonably have expected to fetch $1.3-$1.5 million in separate sales, but the combined property provided a much more valuable development opportunity.

“This was an exceptional result where three astute neighbours realised the opportunity they could create by combining their properties to form an attractive development opportunity and it could not have been a better result,” Mr Heatherich said.

“As far as we know this is the first sale of this type based on an opportunity created by recent residential zoning changes and the current Asian penchant for Australian and particularly Melbourne property.”

Recent zone changes allow for multi-unit development within activity centres.

City of Glen Eira implemented the changes in August with the new ‘Urban Village Policy’ allowing for multi-storey development of up to four levels.

“Glen Eira was the first municipality to implement the zoning changes and with Bentleigh one of the main high density areas in Glen Eira, it was subsequently reclassified as Bentleigh Urban Village,” Mr Heatherich said.

Bent St runs off the busy Centre Rd shopping strip and is near the train station.

PS: here’s the link for the Channel 7 News of today. Please note the mockup of what a four storey building, containing  60 units might look like next to a single storey dwelling – https://au.news.yahoo.com/vic/video/watch/24268737/teamwork-pays-in-savvy-land-sale/

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And here’s the view of countless local streets carved up by whim or officers sitting at a computer and drawing lines on a map.

Untitled

 

 

The following is taken verbatim from Tuesday’s publication of Hansard.

Caulfield Park Conservatory

Mr SOUTHWICK (Caulfield)—I rise today to raise a matter with the Minister for Environment and Climate Change in regard to the Caulfield Park conservatory. The action I seek is for the minister to conditionally approve the relocation of the historic conservatory to the Rippon Lea estate, subject to the vacant space at Caulfield Park being appropriately utilised as a feature within the park. The conservatory was in fact originally located at Rippon Lea as a greenhouse, but the original burnt down in the 1920s. There has been a great level of community concern and a big local campaign to save the conservatory. Unfortunately the structure has been let to run down over the years, and the Glen Eira City Council surveyed residents to explore options of either developing, demolishing or refurbishing the site known as the conservatory. One of the proposals included a cafe, which was completely rejected by the community.

The building is in worse shape than originally thought, and even though the most preferred option from the community consultation was to refurbish the conservatory, the Glen Eira council has voted to demolish it. I am told the actual cost of refurbishing the conservatory is estimated to be in excess of $250 000, and council has only set aside $100 000 to do the work. As a result, due to the overwhelming community concern and the historical nature of the conservatory, the National Trust of Australia (Victoria) has offered to relocate the structure back to the Rippon Lea estate. I have been informed that the council supports this new approach and is willing to fund the relocation of the conservatory.

I believe this is a good option, as we will still retain the conservatory in the area and in fact return it to its original home. This also opens up the possibility of upgrading the space and better utilising it for local residents, who have been advocating for more seating for the elderly and families in Caulfield Park. I would be prepared to organise a meeting, under the minister’s direction, with council and the Department of Environment and Primary Industries to explore these possibilities and opportunities. It is on these grounds that I ask that the minister approve the relocation of the historic conservatory to the Rippon Lea estate, subject to discussion with the council, and to appropriately upgrade the vacant land and keep it as a unique feature within the park.

Caulfield Park is a great park. As I have said on many occasions, it is the jewel in the crown in our open space in Caulfield, and we are looking at relocating the depot to Booran Reserve and to be able to look at this particular conservatory as one of the key projects. It is certainly a historic building. It has historic significance, as I said, back to the 1920s. To take that building back to its original home at Rippon Lea gardens would be a great opportunity for all, and I ask the minister to consider this matter.

RESPONSE:

Mr R. SMITH (Minister for Environment and Climate Change)—I rise to respond to the members for Caulfield and Seymour. The member for Caulfield raised issues about the relocation of the Caulfield Park Conservatory. As the member representing a municipality that has the lowest amount of public open space in the metropolitan Melbourne I have to say that he has been a great advocate for the good use of the public space that is available. I have asked him to convene a group of people who have an interest in using the open space in his electorate, and he is doing a very good job in making sure that in discussing the moving of the Glen Eira council depot from Caulfield Park to the open space at Booran Road we get the very best outcomes we possibly can. In doing so he will be discussing that issue with a number of sporting clubs and other users in the area. I will certainly be happy to accommodate the meeting he has asked for to ensure we get a good outcome.

 

COMMENT

We note the:

  • alleged council involvement and contributing of funds – all done of course without a formal resolution, nor consultation, nor revealing the costs involved – if even known as yet. Does “council” in this instance mean officers, councillors, or a combination of both? If ‘discussed’, then where is the record of this discussion and who was involved?
  • emphases on discussion with sporting groups
  • what logistic analyses has been done to ensure that the size of Booran Park can in reality accommodate what is now the Caulfield Depot – the size of at least 8 house blocks and this land is only 984 square metres!
  • What road safety analyses has been done to ensure that trucks, etc. leaving Booran Park do not constitute any threat to traffic, pedestrians, cyclists?
  • If this becomes a depot, or even a sporting ground, what happens to those trees originally deemed ‘significant’?

All in all, lots and lots of questions and typically no answers and just more back room wheeling and dealing in secret.

 

This paragraph featured in our post of March 23rd, 2011 –

We’ve written that secrecy and transparency do not mix. Secrecy invites speculation; it encourages distrust; and it reinforces a siege mentality – all counterproductive. Yet this is the way that this council has been perceived for years. Residents are not viewed as colleagues and/or collaborators in planning, setting visions for the future, or merely partaking in democratic processes. They are viewed as troublesome cash cows that need to be managed, sidelined and ignored whenever the legislation unwittingly allows for such manoeuvres.

Item 9.11 in the current agenda is another case where secrecy rules the roost – the Municipal Emergency Management Plan. For a council which has one of the highest flood risks in the metropolitan area and where hundreds of homes and businesses were inundated by the floods of February 2011 it is frankly unconscionable that the following statement is made by Waite –

A copy of the current version of the Plan is available in the Councillors’ Room for Councillors to view. As it contains personal information, it is not a public document.

There can be no excuse as to why this document is kept under wraps, especially not when it has the potential to impact on countless lives. Residents have every right to know exactly what the ‘changes’ are and how well positioned this council is in order to respond to any kind of large-scale emergency. Resorting to claims of ‘personal information’ simply will not do – and especially not when all of the following councils (to name but a few!) see no problem in publishing their Emergency Plans on their websites!

As always, the focus needs to be on councillors and whether they have the will to ensure that such practices are put to an end.

http://www.moreland.vic.gov.au/about-moreland/emergency-management/municipal-emergency-management-plan.html

http://www.whitehorse.vic.gov.au/Municipal-Emergency-Management-Plan.html

http://www.centralgoldfields.com.au/?id=23510100B6A0B1D9AEE15DBACA25799900168F98

http://www.maroondah.vic.gov.au/MEMP.aspx

http://www.geelongaustralia.com.au/council/governance/documents/item/b9ccbf99.aspx

http://www.bayside.vic.gov.au/search_results.php?q=municipal+emergency+plan

http://www.kingston.vic.gov.au/Services-and-Support/Emergency-Information/Emergency-Information

 

The next Kingston Council Meeting set down for June 2nd should be well worth watching on their live streaming. Several Notices of Motion stand out for their call for greater transparency and accountability and hence overall governance practices. None of these, of course, could ever happen in Glen Eira given the current status of Meeting Procedures as well as a culture that shuns public scrutiny on all matters.

Here are the most ‘interesting’ items –

(Councillor Bearsley) – I Move

A. That council launches an independent review of the following areas in order of priority:

a. Community Engagement

b. Economic Development

c. Communications

d. Statutory Planning

B. That council scopes a tender process for an efficiency and effectiveness report for whole of council to be compiled by a reputable accounting/auditing firm and completed no later than August 2014.

C. That council develops an annual assessment and review process of efficiency and effectiveness of the council organisation with appropriate reporting measures which improve accountability and transparency.

D. That performance reporting KPIs be incorporated as part of an annual review.

 

(Cr Eden) – I move that:

Kingston Council seek to appoint an independently appointed observer to explore whether there are poor practices at Kingston Council, and whether Councillors have been acting in a questionable manner with respect to Planning matters.

 

(Cr Bearsley) – I move :

I move that planning officers prepare a report that details all developments, over the past two years, that have significantly breached the approved permit conditions and required amendment/resolution. The report is to indicate the breach, address, owner/applicant and final outcome. The report should include ways Kingston identify and minimise such breaches occurring and be provided by the 30th June.

 

(Cr Eden) – I move :

1. Council record the ‘in camera’ part of the Council meeting, so that if & when the item(s) are later made public the debate / discussion accompanying the confidential item will also be available to the public.

2. That officers report to Council on the reasons for ‘glitches / errors’ in the live recording and streaming of council meetings, and possible actions to rectify these problems, including:

a) That officers explore alternative mechanisms for recording the sound generated at meetings to ensure that regardless of whether the person speaking has their microphone on, their comments will be recorded – this will ensure if there is debate /discussions around the room that such comments are captured.

b) Officers implement a system to ensure that the live recording / streaming is working during meetings, and that Councillors are immediately notified if there are ‘technical issues’.

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Another agenda item includes an indepth report on items declared ‘confidential’ which is well worth reading.

11.2 Right of reply
(a) Cr Delahunty.

“I feel that my decision making has been misrepresented by comments made by the friends of Caulfield Park president David Wilde and reported in today’s Caulfield Glen Eira Leader on-line and I seek to restore the balance to the public debate. In other mediums by the same person purporting to represent the entire group I and one of my colleagues was described as grossly incompetent and treacherous. In a further public flyer it was intimated that I said the conservatory was an icon and that I was hypocritical and deceptive. In yet another piece of correspondence I along with other Councillors were described as arrogant and deceptive. About these comments I would like to say that I will always defend the rights of people to disagree with me but I will not stand by and allow unprofessional and seemingly contradictory insults to be used. I condemn those comments as I have done in the past.

So onto the misrepresentation of my decision making in the comments today. The comments today suggest that we have snubbed our nose at the community. So to address the survey results. The report showed that the structural issues were so great that retention as the community called for was not really an option. Instead, as I spoke about at the Council Meeting
at the time the conservatory would have been a substantially new one if we were to go ahead with it. I therefore felt that the community consultation was based on a now unrealistic premise that there was an option to actually retain the conservatory in the first place. The advice we received also said there is no heritage value in to current structure. Instead it is largely, like my house, owed to 1970s architecture.

The cost is significant not as the comments say today merely insignificant and I take all decisions on costs very seriously regardless of how minor they might seem in the overall budget. The comments today also suggest that we should be condemned for the money we are spending on open space in other areas of the municipality areas that do not have parks let alone ones as large as Caulfield Park. Areas where residents get into a car to drive to find access to public space. It is money well spent and it is spent at the behest of the wider municipality. We could go back into consultation and check with the community and we could ask. So substantially the question would probably be; would you like to build a pretty much new conservatory using elements of an old conservatory without any historical significance in Caulfield Park for around half a million dollars at the very least. If so, please nominate which areas of Glen Eira you would like us to remove services from or which areas of open space you would like us to forego in order to provide this or please indicate if you are happy to have your rates increased to accommodate this expenditure. See, I don’t need to spend more ratepayers money to have this conversation because I already know what the answer will be. With the cost of living increases that families are facing in Glen Eira in the face of a cruel Federal Budget it seems rather elitist to insist that Council reach into the pockets of residents to deliver a conservatory to Caulfield Park and I hope this goes some way to balancing the public debate in this area.”

Tonight’s council meeting could arguably be said to represent the nadir of councillor/community relations. At the start of the meeting Esakoff began to give her ‘report’ on the MAV State Conference. She actually started to disclose not only some motions which Glen Eira council had put forward, but how they voted! A first – but always after the fact and never as a tabled document for a full Council Resolution but discussed and decided in secret assembly meetings.

Following about a minute of her report, approximately 50 to 60 residents carrying placards entered the chamber and once assembled started chanting ‘Save the Conservatory’. The chants continued for about 4 to 5 minutes. THROUGHOUT THIS ENTIRE TIME ESAKOFF CONTINUED SPEAKING AS IF NOTHING WAS HAPPENING. NO COUNCILLOR UTTERED A WORD ALTHOUGH AT ONE POINT PILLING DID ‘CONFER’ WITH BURKE. Whilst many may regard disrupting a council meeting as inappropriate, in our view, what is even more inappropriate is that Esakoff’s actions speak volumes. Not only is this totally ignoring ratepayers and refusing to even acknowledge their presence, but it embodies the ‘us and them’ mentality which is the hallmark of this council and its attitudes and treatment of residents. The latter simply do not exist. Their opinions, aspirations, and even presence in chamber, does not matter! This is more than rudeness. It says very, very clearly ‘get stuffed’ to residents and we will continue along in the same autocratic and anti-community fashion.

The complete betrayal by the ever growing ‘gang’ was in relation to the C60 Development plans. It was voted in by 6 to 3 with some pathetic little cosmetic amendments put up by Lipshutz – ie peak hour times were now 8.00am; more visitor car parking which still doesn’t cover the loss of existing car parking spots. Trivial, insignificant, and just tinkering. The arguments presented were woeful in their inconsistency and in their self-serving. We will report on this in detail in the next day or so. Suffice to say that those who voted to accept the Development Plans were (and this shouldn’t be a surprise) –

LIPSHUTZ, ESAKOFF, HYAMS, PILLING, OKOTEL AND SOUNNESS.

Voting against were – LOBO, MAGEE AND DELAHUNTY

The big screen was voted in unanimously (Okotel had left the meeting at this stage). More fun and games were evident by the fact that both Hyams and Esakoff left the chamber, but not by declaring a conflict of interest – but this time a ‘personal interest’ as Trustees. Lipshutz not only stayed in chamber – he seconded the motion and voted!

Residents to rally to save Caulfield Park conservatory

A PROTEST is planned at Glen Eira Council tonight by people angry about the council’s decision to demolish the Caulfield Park conservatory.

The Friends of Caulfield Park say the council have thumbed their collective noses at the community by dumping plans last month to restore and repair the ageing glasshouse because it would cost too much.

Protesters are being urged to gather 15 minutes before tonight’s meeting at the town hall.

Organisers say they want the community to “demonstrate through your presence your disgust at the hypocrisy of a council who pretend to consult us, the community, and then decide it is a bit expensive, even though they are willing to pay hundreds of thousands, or even millions of dollars on open space elsewhere’’.

Last month’s council backflip came seven months after councillors voted unanimously to restore and repair the ageing public building and replant its gardens after a survey found that was what the community preferred.

Friends president David Wilde said councillors had let the community down and labelled the decision an “act of destruction’’.

“The community’s least preferred option was demolition but, for comparatively modest cost reasons, this is what the council has opted to do,’’ Mr Wilde said.

“The conservatory is an historic artefact, purchased from Rippon Lea in 1949, but allowed to fall into disrepair over many years.’’

The council received eight tenders to restore the conservatory; their average was almost double the budget to do the work; and Mayor Neil Pilling said those costs had to be weighed up.

The nearby amphitheatre will also be demolished.

Tonight’s meeting starts at 7.30pm, at the town hall on Hawthorn Rd

Next Wednesday, the 7th May, will see the Planning Conference for the Big Screen at Caulfield Racecourse take place.

TIME: 6.30pm

CHAIR: Cr Jim Magee

VENUE: Town Hall

We can only hope that this time:

  • doors will not be locked
  • that clear directions are provided to residents so they can find the exact location
  • that enough plans are provided to go around
  • that the MRC deigns to appear and answer questions, and
  • that in future Council consider that 6.30pm is NOT the best time for such meetings if their objective is to truly engage with residents!

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PS: and if any further evidence was needed to prove how Glen Eira City Council operates in contrast to its neighbours, we provide the following:

Residents and councillors reject State Government call for greater housing density in Boroondara

Boroondara residents and councillors have rejected a call from Planning Minister Matthew

Boroondara residents and councillors have rejected a call from Planning Minister Matthew Guy for an increase to the proportion of residential growth zones in the municipality. Source: News Limited

ANGRY residents and councillors have rejected last-minute planning zone changes that would see more neighbourhoods opened up to 13.5m-high residential developments.

More than 600 residents packed into the Camberwell Town Hall this week to hear councillors unanimously reject a planning scheme amendment that would see a greater proportion of residential areas allocated the Residential Growth Zone.

It was originally planned for 0.8 per cent of areas to be given the zone, under amendment C190. Planning Minister Matthew Guy asked for this to be increased to 2.5 per cent, under amendment C199.

A total of 123 residents wanted to speak at the special planning committee meeting, of which 52 were heard. The meeting stretched into the early hours of Tuesday morning.

Cr Jim Parke described the proposed changes as “utter nonsense”.

“What was put forward (originally) is a great outcome for Boroondara and council had every right to expect they would be approved by the minister,” Cr Parke said.

“Not for one moment did council tend to alter the protection of our city. It goes to show with the depth of feeling here tonight, that should also be conveyed to our local state members.”

Boroondara Residents Association President Jack Roach said there had been an unnecessary delay in approving the C190 amendment, which many people had found “unacceptable and detrimental” to the region.

“We request the minister approve C190 without delay,” he said.

‘There are 700 people here tonight who do not like this growth. These added bits are an insult to us all and the minister has to be told the people are not happy with this.”

The Leader asked Mr Guy’s office for a response to the meeting and details of when he plans to finalise planning scheme amendment C190.

A spokesman for Mr Guy said “An independent advisory committee is considering the merits of this issue and will give a recommendation back to the minister.”

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And from Council Minutes 29/4 –

It has become apparent overtime, the Gallery feel we should have the opportunity to be able to speak as we are a democratic country. Instead we’re being gagged. Afterall we the ratepayers are paying the Councillors wages. So a motion should and needs to be passed on the above. During a meeting with the Mayor (Neil Pilling) last month he said he would agree to the idea of the Gallery being able to voice questions with certain restrictions. EG: time restraints. If the Councillors are discussing a particular subject the Gallery should be able to interject and ask a question by raising their hand, which is allowable in VCAT. What’s the point of attending Council Meetings monthly when we the ratepayers can’t voice our opinions.

The Mayor read Council’s response. He said:
“Over recent years Council has considered the issue of meeting procedures including the provision for a public question time.
Council, by a majority decision, decided not to change the current format.”

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