GE Governance


From today’s Age newspaper:

Developer paid millions into the accounts of local councillors: corruption probe

Companies linked to Ferrari-driving property developer John Woodman paid two councillors at Casey $1.2 million in what a lawyer for the Victorian anti-corruption commission said was an attempt to win favourable planning decisions worth up to $100 million in one case.

The payments were revealed as public hearings got under way in IBAC’s Operation Sandon, the most significant probe into alleged planning-related corruption in Victoria in decades.

On Monday morning, counsel assisting the hearing, Michael Tovey, QC, outlined the focus of Operation Sandon into matters that he said may amount to serious corruption of planning. Key issues of interest were central to stories in The Sunday Age in October and November last year, including the proposed rezoning of land in Cranbourne West owned by construction giant Leighton, and council decisions favourable to Woodman-linked company Wolfdene, including the Pavilion housing development and the construction of an intersection at Hall’s Road in Cranbourne.

Mr Tovey said the attempted rezoning of the Cranbourne West precinct from industrial to residential uses would have “increased its value by well over $100 million”.

Mr Tovey explained how IBAC had found payments of $900,000 by Mr Woodman’s company, Watsons Pty Ltd, into bank accounts linked to former mayor and Liberal Party activist councillor Sam Aziz, who had repeatedly argued and voted for planning decisions favouring Watsons-linked projects.

Former mayor and one-time aspiring Liberal MP Geoff Ablett received payments into his bank account of $300,000. He had also received tens of thousands of dollars from Watsons when he unsuccessfully contested the state election in 2014.

Cr Aziz will not appear before the hearing. He left the country on extended leave weeks ago, as Operation Sandon stepped up and homes and offices were raided. Mr Tovey told the hearing that shortly after IBAC raided his house, Cr Aziz sold his home and left Australia for Egypt. IBAC subsequently froze the proceeds of the sale.

On Sunday, Cr Aziz told The Age he was in Dubai. It’s unclear when or if he plans to return to Melbourne. Mr Tovey also detailed the repeated failure by Cr Aziz to declare conflicts of interest at council meetings.

In his opening statement, Mr Tovey detailed how Woodman and related companies used financial payments into councillors’ bank accounts, political donations and other gifts to “curry favour” with councillors in an attempt to win favourable planning decisions.

Included were payments to $25,000 a month to Cr Aziz for supposed consultancy work on a grand scheme for a satellite city at Little River west of Melbourne. Cr Aziz was to be paid $600,000 for the consultancy work. Under questioning, Mr Woodman confirmed that Cr Aziz had not delivered the work he been commissioned to do.

Watsons Pty Ltd has long prided itself on winning unlikely planning approvals, especially rezonings in farming and green-wedge areas. Donations and in-kind support to councillors and MPs is an important part of the Watsons strategy for planning success.

Mr Woodman’s client list or business partners have included, or include, the Fox, Ansett and Baillieu-Myer clans, as well as Tony Madafferi, the man police have alleged to be Melbourne’s mafia boss.

The public hearing comes weeks after IBAC raided the homes and offices of Mr Woodman and other key figures of interest including councillors, lobbyists and former Liberal MPs. While the hearings will focus on Casey, IBAC’s public comments make it clear Operation Sandon is far wider in scope and will look at systemic problems in planning decisions statewide.

Casey, which takes in swelling suburbs such as Cranbourne, Berwick, Clyde and Hallam, is one of the fastest-growing municipalities in Australia.

In a written statement earlier this month, Mr Woodman said: “Having worked in the City of Casey for more than 30 years, I have become really attached to the communities that I have helped build … relationships have been developed with many councillors.

“I am a trusting and caring person, and I have trusted that each councillor I worked with would make the right decisions.”

Source: https://www.theage.com.au/politics/victoria/developer-paid-millions-into-the-accounts-of-local-councillors-corruption-probe-20191118-p53bkb.html

Politics in Victoria has today reached its nadir.

Events of today have proved really disheartening. Looking back we can no longer distinguish between Labor and Liberal governments and each of their approaches to planning and real democracy. It’s impossible to answer which planning minister has been worse, Wynne or Guy, or which party has been more open and transparent in its dealings with developers. Or for that matter, which government really gives a stuff about local communities.

What has happened today tops it all off. Clifford Hayes’ attempts to get his bill up in the upper house failed along party lines by four votes. We listened in disbelief to some of what was said from both sides of politics.

The Age is now reporting that Labor is not going to do anything about developer contributions at council elections and that it will push ahead with single councillor wards. All of this in the face of stern opposition from most reasonable people and organisations. (See: https://www.theage.com.au/politics/victoria/local-councillors-candidates-free-to-solicit-big-donations-20191112-p539yr.html)

Is it therefore any wonder that there is anger, disillusionment and/or apathy? We are so poorly governed at every level from Federal, State to Council. The name of the game is simply:

  • stay in power
  • operate in secrecy
  • undertake bogus ‘consultations’
  • fill every document and speech with nothing more than motherhood statements, and
  • Ignore all reasonable feedback if it opposes the predetermined decision

We can only hope that the upcoming IBAC investigation into Casey council will at the very least shed some light on alleged council(lor)/developer corruption and force the necessary changes to our woeful legislation!

Another terrific turnout for the Save Glen Eira lobby group. Yesterday’s rally at Elsternwick Plaza showed that opposition to Council’s inept and autocratic planning processes were well and truly on the nose.

Tellingly, all councillors were invited to attend. The organisers reported that only two had responded with their apologies: Silver and Hyams. The other 7 councillors didn’t even bother.

Several residents addressed the gathering and highlighted what we all know about this council:

  • A ‘tsunami’ of overdevelopment
  • A failure to adequately plan for sustainable growth
  • A critical lack of open space
  • Consultation that simply endorses decisions already made

Several MPs closed the meeting:

  • Clifford Hayes spoke about his private members bill which will be up for debate this week in parliament. He is advocating limiting the Minister’s and VCAT’s power and ensuring that planning is truly ‘democratic’ and that residents are at the centre of all planning.
  • David Southwick was joined by Georgie Crozier and Tim Smith. Each spoke about the need to ‘maintain the rage’ as well as rescinding some of the Labor Government’s recent moves on planning.

All in all, the take home message was clear. Glen Eira City Council via its elected representatives are not doing their jobs. They are demonstrably failing their residents.

The evidence keeps piling up on how Council refuses to listen and act in response to resident views. The latest example concerns the Local Law which is up for decision next Wednesday night. Readers will remember that included in the all time record for submissions (28) residents asked for:

  • The removal of the clause which allowed the use of fire pits on private property. Submitter after submitter outlined the dangers of allowing such a practice. Much scientific evidence was cited.
  • The demand that public questions be moved to an earlier part of the meeting so that residents don’t have to sit through hour upon hour of ‘debate’ before their public question is read out.
  • The demand that agendas be published at least 5 working days prior to meetings in line with the ombudsman’s recommendations.

None of these issues are earth shattering and certainly could be easily accommodated. But they weren’t. Council has simply ignored everything that residents asked for.

Adding insult to injury, the accompanying officer’s report does not provide one single word to explain or justify why council is recommending no change to its initial proposals. At least in 2009, there was some piddling attempt to respond to submitters and provide some explanation behind the final decision. (Uploaded HERE). Not so now.

Needless to say, Glen Eira remains the only council in the state without a Notice of Motion. Nothing in the initial officer’s report, or the current agenda refers to this issue at all. Which leaves us to ponder: why does council even bother to undertake ‘consultation’ when resident views are so often ignored. The boxes are ticked and legal requirements are met. However, nothing changes. Consultation remains a farce in Glen Eira.

STRATEGIC PLANNING

On another issue which highlights Council’s failure to protect its neighbourhoods an application has now arrived for the Indoor Bowling Club in Hawthorn Road, Caulfield South. The property was sold in June 2019 so the developer certainly isn’t wasting any time.

Council has stated that an ‘urban design’ will only commence in 2021 for this area. No promise has been made as to structure planning or mandatory heights. We already have a 9 storey application awaiting decision near this site, plus another 7 storey application. The height of this current application is not disclosed! Thus, whilst council continues to sit on its backside our unprotected neighbourhood centres are being destroyed.

Structure planning is complex. It is supposed to be accompanied by indepth analysis that leads to valid strategic justification. It is also meant to be done with significant community input. At least that’s what the State Government’s Practice Note No 58 says. Here’s just one example, from many, to be found in this document: Community engagement is essential for the structure plan and involves the wider community and may include targeted consultation.

The Practice Note also goes on to state that a ‘Discussion Paper’ is an important part of the process. This Discussion Paper should also: identify existing and proposed built form outcomes based on a comprehensive built form analysis

Interestingly, the VPA (government’s development arm) has neatly sidestepped this requirement in its current survey for the Caulfield Station Precinct. Plus, all previous ‘vision statements’ have also ignored this important component. We have plenty of ‘vision’ statements, plenty of feel good generalisations, plenty of motherhood statements about ‘sustainable development’, ‘high quality architecture’ and so on. What is missing entirely is anything that would provide a clue as to ‘built form outcomes’. Residents are being asked to respond to a survey which is basically meaningless and intentionally evasive. We have absolutely no idea of:

  • How high will buildings be allowed to go?
  • What will happen to heritage overlays that currently exist?
  • What setbacks are being considered and why?
  • What are appropriate overshadowing requirements?
  • How many apartments can satisfactorily be housed in the area?
  • What parking arrangements are being made?
  • How will Monash and the Melbourne Racing Club be ‘accommodated’ in terms of building heights and use of open space?
  • What levies are likely to be imposed on developers?

So instead of a Discussion Paper that provides some answers to the above, we get the following type of questions shown below. We note that the answers are a given. No one in their right mind would object to ‘sustainable development’, access to open space, etc. This is simply another example of a Clayton’s consultation that leads exactly where the developers want it to go! We will only receive some inkling of what’s in store when the draft structure plan is published. By then it will be far too late! Council should be congratulated once again for its appalling processes in (not) working with the community in an open and transparent fashion.

From today’s Caulfield Leader

We’ve been forwarded the following flyer:

At the recent Save Glen Eira residents’ gathering, MP Clifford Hayes (a former Bayside councillor and now elected to the Victorian Council) stated that during his time at Bayside it was councillors who ran the show. They gave orders to officers and not the other way around. In Glen Eira the reverse has always been the case. Unelected bureaucrats run everything and our so called ‘representatives’ allow this situation to continue, often to the detriment of ratepayers.

Another question from a residents at the last council meeting illustrates this perfectly. Please also note the response from our current Mayor.

The audio below also comes from last Wednesday night’s council meeting. It presents a resident’s question on the development rate in Glen Eira and how council can justify its proposed structure plans, especially the nominated heights, when this is in complete opposition to what residents have stated repeatedly they did not want.

We urge everyone to listen very, very carefully to the response that Hyams gave. He is certainly not averse to embellishment (being kind) or straight out misleading and erroneous statements. Needless to say, the resident’s question was not answered in any shape or form.

 

Some observations:

  • Hyams’ claims that structure plans are there to present a very, very long term vision (ie 50 years) in order to cater for projected population growth. Nothing could be further from the truth! Structure plans have a time span of roughly 20 to a maximum of 30 years and certainly not 50 years as claimed. Secondly, even the State Government’s Plan Melbourne Refresh, only goes to 2050. That is a time span of 34 years. No reputable institution, and certainly no council, plans ahead for 50 years. This is a blatant untruth. Something that Hyams knows, or should know given his time on council since 2003!
  • As an example of how other councils view the function of structure plans, we present below two screen dumps on CURRENT structure planning consultations by Bayside and Kingston. Please note the duration of both these plans! Hardly 50 years!!!!!!

  • We also note that the resident’s question has not been answered! Nothing Hyams has stated explains why these councilors so willingly adopted heights of 12 storeys in the face of constant community opposition and outrage. Where is the justification for this? The recent VCAT judgement made it stunningly clear how sub standard planning is in Glen Eira!

The audio presented below is from last night’s council meeting. The ‘message’ is clear. For far too long this council has continued to ignore residents and implemented planning decisions that fly in the face of both common sense and resident views.

« Previous Page — Next Page »