GE Governance


A very long post, but incredibly important.

Following months and months of public consultation on structure planning for Glen Eira’s activity centres we finally get the first glimpse of the ‘design guidelines’ for Bentleigh, Elsternwick and Carnegie and the ‘big picture’ for the other activity centres (neighbourhood centres).

Residents should be very, very alarmed with what is another nebulous and poorly explicated effort from Council. The only thing that is clear is that very little of what residents have stated they desire has been incorporated into these waffly documents. For example:

  • Height limits of 3 to 4 storeys, especially in ‘neighbourhood centres’ was stated time and again. It now is on the drawing board that suburbs such as McKinnon, Ormond, Bentleigh East,etc can expect buildings  much higher depending on zoning. Needless to say not one single word of justification is forthcoming as to why 8 or 12 storeys is warranted anywhere. Further, another item in the agenda recommends that a permit be granted for a 6 storey development in McKinnon Road, McKinnon. The rot has well and truly started for our neighbourhood centres!
  • Below is 2 examples of what we mean. Please read carefully

As for the major activity centres themselves we find the following:

  • There is still the intent to flog off public land for high rise commercial development
  • Multi storey car parks are still in the picture
  • Structure plans will NOT BE forthcoming by December 2017
  • Parking plans still belong to the ‘never-never’
  • Heritage is ‘expendable’ and dependent on where it is – ie it is okay for 3 and 4 storeys in heritage overlays
  • The only potential concession to heritage from Bentleigh is the Bendigo & Daley Streets overlay (which is zoned Residential Growth Zone). Given that the map below is shaded green but also includes the ‘site specific’ addendum, we have no idea whether this means these streets will be rezoned to 1 or 2 storeys, or whether 3 and 4 storeys are still on the cards.
  • The red areas identified as ‘strategic site’ and given the green light for between 5 and 8 storeys are a major worry since they abut areas zoned General Residential – ie 3 storeys.

Conclusions

  • It is obvious that council is gearing up for more and more development. These plans are merely facilitating this process and totalling ignoring the vast majority of community feedback.
  • There is no intention of reviewing the zones – only expanding the borders of the activity centres.
  • No real strategic justification exists for any of the height recommendations
  • Census figures are available, yet these documents are still touting 2011 figures!
  • Urban design as carried out by every other single council contains information on setbacks etc. This is non existent in these documents.
  • Residents are being drowned in paper. That is undoubtedly the intention we believe. To provide not information, but dribs and drabs that are near impossible to decipher. There can be absolutely no excuse for the lack of proper legends, clear and precise images, and language that actually is more than spin and useless jargon.

We will comment in greater detail in the days ahead.

PS: We forgot to mention that readers need to pay careful attention to those areas now marked as light green and orange. In the current planning scheme these sites are zoned as NRZ (ie 2 storeys). They have now been given the ‘green light’ for 3 storeys. Also, the section at the corner of Brewer and Thomas Street is now earmarked for 4 storeys from its previous 2 storey height limit. Please also remember that only a short while ago a public question asked council whether they intend to rezone any NRZ sites to GRZ or RGZ. These documents provide plenty of evidence that countless properties will now become 3 or 4 storeys and possibly even higher. We do not believe that council wasn’t aware of this at the time of their ‘response’ – since it definitely wasn’t an ‘answer’ to the public question.

We’ve commented before on what can only be described as council’s profligacy in spending millions of dollars on ‘upgrades’ that residents have not asked for nor truly want. The latest example is the ‘upgrade’ to Harleston Park playground. The budget has set aside $650,000 plus another $330,000 for public toilets. We believe that by the time landscaping occurs, the costs will be well over a million dollars. Remember, council has yet to prove it can stick to any budget,  with major projects time and time again costing far more than first indicated.

On the one hand we have councils screaming poor because of the State Government’s rate capping. On the other hand millions of dollars are being expended on projects that are highly questionable. Recent examples of highly suspect proposals that have raised the ire of the majority of residents include:

  • The purchase of 9 Aileen Avenue, South Caulfield for $2.1m and which is now rented out.
  • The creation of a ‘park’ between Fitzgibbon and Eskdale for the stated amount of $450,000 – both of these within a stone’s throw of nearby parks
  • The expenditure of $11m that council admits to for Booran Reservoir, but which we believe is far in excess of this cost – plus an area of urban forest equalling 11% of the site that is closed off to the public entirely.

All of these projects have not been embraced fully by residents and the current feedback on the Harleston Park proposals continues this trend. The vast majority of responses question the attempt to change a passive area into another Booran Road type Disneyland. More importantly, we have to wonder at the wisdom of council’s budgeting and its agenda. For example:

  • Why is Camden Ward the flavour of the month, especially when areas such as Carnegie are experiencing the greatest amount of development and no attempt has been made to increase public open space in this precinct?
  • Council, unlike other municipalities, has no playground policy that we know of. Thus ad hoc planning again!

The central question however should be whether residents would prefer spending more of our money on expanding open space instead of pouring more and more concrete into existing open space? – remember the $282,000 for concrete plinths!

It all comes back to priorities. Yes, facilities need upgrading, and yes, this can be expensive. But we absolutely reject the over-the-top spending on ‘upgrades’ that other councils can do for a quarter of the cost because their vision and programming is so vastly different. What is needed in Glen Eira in our view is not mega palaces that cost the earth but a concentration on expanding existing open space. That is impossible when the vast majority of the open space levy is spent on proposals such as the Harleston Park redevelopment.

Glen Eira remains the development capital of the south east. The ABS figures above represent building permits granted this financial year and up to the end of May 2017 – ie 11 months worth.  We repeat that both Port Phillip and Stonnington are special cases given that the former has just on 25% of its municipality designated as Commercial and Capital City zoning, whilst Stonnington has triple the amount of land zoned Commercial in comparison to Glen Eira’s 3%.

The figures prove beyond a doubt that Council’s land use hierarchy has been a dismal failure in that the vast majority of development HAS NOT occurred in the Commercial areas but in quiet residential streets that unfortunately are zoned as General Residential.

Readers should also note the percentage of houses compared to units for each municipality – again showing Glen Eira’s concentration of apartments, in suburbs that are already bursting at the seams with overdevelopment. Yet the revealed housing report for the current structure planning, would appear to indicate that there is more development in council’s agenda given the upgrading of 3 local centres to Neighbourhood Centres. This can only mean one thing – more land to be earmarked as GRZ or RGZ! And of course, the above figures do not include the 1100+ apartments for Caulfield Village or the thousands that will end up at Virginia Estate.

The most essential questions remain unanswered by council –

  • What is capacity?
  • What is the maximum density?
  • What is the cost for adequate open space, drainage, etc and who will pay and when?

Council has published the Terms of Reference for its Community Advisory Group for the East Village project. Ostensibly, the creation of this advisory committee is a positive step, if somewhat belated in that the first draft of the resulting structure plan has already been set.

What concerns us even more than the question of timing,  is how  transparently this committee will operate, how it will report,  and how much notice will be taken of community rep views. The terms of reference (see below) do not fill us with confidence that this will be anything except another public relations exercise designed to provide the illusion of working with the community.

Please note the following:

  • No mention is made of councillors. Are they excluded entirely from any involvement in this committee – from selecting residents to actually partaking in the meetings?
  • Why is all responsibility granted to officers in terms of selection, etc?
  • Why is there no formal council resolution that endorses these terms of reference?
  • Why is there no mention of reporting requirements to the wider community?
  • Why is there the possibility that the Victorian Planning Authority and others may attend, when it was specifically stated by the Mayor that this is a committee expressly set up to work exclusively with council?
  • Given that the next iteration of the structure planning work is supposed to be in July (ie urban design/building guidelines) then how many times will this committee actually meet?

We’re repeating the gist of one of our previous posts since the Glen Eira Leader (below) provides Council’s ‘response’ through the Mayor. As we’ve stated, year after year the same poor results in planning, traffic, etc. rear their ugly heads – yet, if the survey can be ‘criticised’ because it is ‘perception based’, then surely this also applies to council’s good results regarding rubbish and the service centre? Not a word on this of course.

Readers might also find it informative to go back 5 years and see what councillors had to say (especially Hyams and Esakoff who are still on council) on equally bad results in 2012 – even before the introduction of the zones? [See: https://gleneira.wordpress.com/2012/07/26/community-dissatisfaction-survey/ ]

When a development application comes in, there are several processes that are legally required to be followed. The application can be rejected or approved under delegated authority or booted up to a full council decision which may also reject, amend, or grant the permit. The developer and/or objectors then have the option of going to VCAT.

At VCAT, there are another series of processes. There can be what is known as a Practice Day Hearing, which is basically to iron out some detail. There is a full hearing where VCAT publishes the decision and objectors are given notice. And there is what is called a compulsory hearing. This is where the problems lie since:

  • Such hearings are ‘confidential’ and no public record is available
  • Objectors are ‘ordered’ to appear if they have been part of the initial objection and wish to remain so
  • Written objections are ignored
  • The VCAT member is at liberty to issue ‘orders’ after hearing from both sides (and objectors)

In recent times it would appear that Council has managed to use this ‘loophole’ of ‘secrecy’ to avoid a full public hearing and therefore an open and easily accessible record of the outcome. More disconcerting, is that if no objector is party to these compulsory conferences, then any deals made between council and the developer is entirely up to them. History would suggest that council’s performance at these ‘compulsory conferences’ is nothing short of total cave-ins to developers – regardless as to whether or not there have been amended plans submitted.

We find it extraordinary that in the past 3 weeks (from 7/6/2017 to the schedule for the 29/6/2017) Council appears in 16 VCAT sessions. The breakdown of these 16 appearances is:

  • 7 Compulsory Conferences
  • 7 Practice Day Hearings, and only
  • 2 public hearings

A recent example should suffice in illustrating why heading off to a compulsory conference is far from satisfactory to residents. The case we use to illustrate is 24-26 Vickery St, Bentleigh. An application for a 4 storey, 36 apartment development came up for council decision on the 28th June 2016 after being submitted in May 2016. The officer recommendation was for a 4 storey and 33 apartments. There were 10 objections. Councillors, as is their want, decided that instead of a permit for 4 storeys they would reduce this to 3 storeys and 27 units. Remember, we have stated time and again that every single time such a decision has been made, the developer simply goes to VCAT and gets what he wants.

This application of course also ended up at VCAT – BUT first as a listed ‘compulsory conference’. No hearing followed. Unfortunately the objector was not able to attend. This meant that it was council and the developer who appeared. The outcome was that the VCAT member issued an order for a 4 storey development and the original number of dwellings applied for. Adding further insult to injury, was that some of the conditions stipulated by councillors in their decision were now also gone.

Thus a full open hearing was avoided. Since these compulsory conferences are ‘secret’, then no one really knows why the council representative decided to go against a full council resolution and cave-in to the developer.

What is concerning about this tactic is the following:

  • Countless applications are now being decided in compulsory conferences in favour of the developer
  • Many of these applications that end up at compulsory conferences have been first decided under Manager delegation. That means no advertising and no-one really gets to know that an application has even come into council. (The Caulfield Village Precinct 2 was a perfect example – rejected outright under ‘Manager’ delegation , a compulsory conference called, and made public only after it was highlighted via a public question that this had occurred. This did ultimately go to a full hearing where the MRC won hands down).
  • No reasons are published as to why the developer got his permit – hence transparency and accountability are non-existent
  • More concerning is that cases listed for hearings do not even proceed to this stage but are determined between council and the developer. Most end up with their permits which would indicate that council has agreed in the vast majority of cases.

A few other points are worth making –

  • When a resident wanted to check on the final permit granted for Vickery Street – to really see whether it was back to 4 storeys, since the member’s order was unclear – they were told by officers that they would have to pay a hefty $70 fee to retrieve the documents from the archives.
  • Once the resident cited the legislation to council, they did eventually agree to ‘waive’ the ‘fee’ ‘in this instance’. The Planning & Environment Act, 1987, Section 70 grants anybody the right to inspect any permit granted by council for free!!!!!
  • Council’s regular VCAT Watch, features the cases set down for VCAT. Many involve compulsory conferences that do not proceed to full hearings, yet permits are granted. Even those listed for ordinary hearings don’t always end up at the hearings. And again we find that permits have been granted. Residents should be privy to the reasons for every single decision. That is what transparency and accountability demands. When council does cave in (and we do not deny that in some instances a developer may have caved in to council’s wishes) then they must be accountable for such actions – especially when this goes against the wishes of the councillor group and a formal council resolution as in the case of Vickery Street.
  • So, we leave it to residents to decide whether council has conveniently discovered another loophole in the legislation and is using it to full advantage without ensuring full transparency and accountability to those who pay the bills – us!

The above table proves beyond doubt what an unmitigated disaster planning has been in Glen Eira and continues to be. If our suspicions of council’s intent of facilitating more and more development bears fruit then the very fabric of Glen Eira will be destroyed even further.

Here’s why:

  • Nearly a 1% increase in vacant properties
  • Instead of a projected 148,000 population in 2016, there’s only 140,000
  • Cars per household increase – and no proper parking precinct guidelines
  • Increase in family households but significant decrease in number of 3 bedroom places and even a decline in number of 2 bedroom places
  • A population increase of 10,000 but over 8000 building permits handed out in the 5 years.
  • Well above Victorian average for apartments in the municipality. Glen Eira’s buildings are composed of 24.2% for ‘semi-detached, row or terrace house, townhouse’ whilst the state average is 14.2%. In terms of ‘Flat or apartment’ Glen Eira has 24.5% and the State average is 11.6%.

Conclusions

  • There is a vast oversupply of dwellings in Glen Eira
  • Glen Eira is well and truly meeting its population growth
  • Diversity of dwellings is declining fast

Source: http://www.censusdata.abs.gov.au/census_services/getproduct/census/2016/quickstat/LGA22310?opendocument

The most important page that has thus far been published by council is the following because it provides a clue as to what council is really planning and why residents across Glen Eira should be very, very concerned. Our take is that council intends to facilitate and expand development across Glen Eira – especially in those areas which happen to be close to railway stations and along major roads.

The Draft Activity Centre, Housing and Local Economy Strategy makes this absolutely clear. Here is the relevant screen dump  (page 10).  Please note the following:

  • At least 3 current Local Centres will be upgraded to Neighbourhood Centres – Patterson, Ripponlea, and Garden Vale. That means more apartments!
  • Moorabbin which is a current Neighbourhood Centre will now be a Major Activity Centre as will Glen Huntly (we acknowledge that the latter has always been seen by the Government as a Major Centre. Council has insisted on calling it a Neighbourhood Centre).
  • Caulfield and Virginia Estate are givens – just the amount of residential development is unclear. We estimate another 5000 dwellings at least on these two sites.

Council has refused to deny the possibility that properties currently zoned Neighbourhood Residential will suddenly find themselves zoned as General Residential or Residential Growth. Or those zoned as General Residential will be ‘upgraded’ to Residential Growth. Without a straight out denial, that convinces us even more that the probability of this occurring is already set in concrete. The question is how many homes will be affected? How many residents will wake up one morning to find that they can now have 11 and 13.5 metre dwellings (at best) right next door to them?

As an example of what currently exists we use Patterson as a model. Here is a map of this currently designated Local Centre. Please note that it consists of a handful of shops zoned Commercial 1, but surrounded entirely by sites zoned Neighbourhood Residential. Activity centres by definition include Neighbourhood Centres and every single activity centre contains sites zoned as either Commercial, Mixed Use, General Residential or Residential Growth Zone. They do NOT contain properties zoned Neighbourhood Residential – especially not in Glen Eira.

It is definitely time that council for once provided residents with a clear and truthful version of what is in store. A simple, unequivocal ‘no’ to our suggestion that countless properties will be rezoned to GRZ or RGZ would alleviate much angst.

One of the stated strategic objectives of the latest Community Plan promises residents that Council will Provide you with regular and transparent reports on key outcomes and on our performance.

If this is truly the objective, then why is the latest State Government Community Satisfaction Survey results buried deep on council’s website and no officer reports extolling the virtues of this council have made it onto the agenda for the past two years – in stark contrast to what was previous practice?

The answer of course is that Glen Eira is on a continuous downward spiral when it comes to residents’ perceptions of performance. The dissatisfaction with those old perennials of planning, traffic, consultation have never reached such a low ebb. Many of the results listed are below both the Metropolitan average as well as the State average for all councils.

The most important indicator in our view is the differential score between ‘importance’ and ‘performance’. In other words, how important residents regard a particular aspect of council’s work compared to the actual performance of that work. Glen Eira has never had a differential of over 30 points as this year’s survey reveals. Year after year these areas have been highlighted by responses as basically failing resident expectations. That this is still the case, and worsening, says much about how council is addressing residents’ concerns.

Below are some screen dumps of the ‘lowlights’ –

Here is a table from the Australian Bureau of Statistics (ABS) recording the number of building permits granted in each municipality for the 2015/16 financial year and up to the end of April, 2017.

These figures prove conclusively that Glen Eira is the most overdeveloped municipality in the South East. As we’ve mentioned several times, Port Phillip is a very special case – ie parts zoned as Capital City status, plus a huge Commercial area (9.5%) in comparison to Glen Eira (3.1%). These figures come from the State of Play reports for the committee which reviewed the residential zones – MRDAC (Ministerial Residential Development Advisory Committee).

The figures raise countless questions that we’ve previously reported on. For instance:

  • Why, when Glen Eira is basically doubling and tripling its projected required dwelling figures to meet population growth, is there a strong possibility that council will expand the borders of its activity centres and include more sites into its GRZ or even RGZ zoning?
  • Why isn’t council screaming loud and clear about Wynne’s VC110 amendment when countless other councils are? Remember that the mandatory 2 dwellings per lot in the Neighbourhood Residential Zone is now gone and we are already seeing applications coming in for multiple dwellings in this zone? Plus the fact that the General Residential Zone will now not be seen as the area for ‘incremental’ growth, but is the target for major development? That especially hurts neighbourhood centres like Ormond, McKinnon, Bentleigh East, etc where large swathes are zoned as General Residential.
  • Why isn’t council addressing the most basic of questions – what is ‘capacity’?
  • Why isn’t council uttering a single word about ‘density’? Our calculations indicate that at the estimated population for 2016 of 148,000 people, that the municipality’s density (ie number of people per square km for land zoned as ‘residential’) will climb from approximately 3,800 per sqk to over 4,400 per sqk. How sustainable is this? How much will it cost to upgrade basic amenities such as drainage, open space, etc. And who will pay for it – developers or residents?

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