GE Governance


In the ‘community participation’ segment of Tuesday night’s council meeting, one resident got up and said that ‘large trees’ are being taken down by developers before they put in their applications. The resident claimed that two large trees in Hamilton Street Bentleigh had been removed prior to the planning permit application and that he had sent an email to council ‘asking for them to be considered as significant trees’ but hadn’t got any response. He wanted to know ‘how do I go about’ having someone from council ‘come and have a look at it’. Delahunty answered that ‘council currently doesn’t have any tree protection on private land’. Only when someone has applied for a planning permit can council start assessing whether or not there is any ‘significant vegetation’ on the property.  Delahunty went on to say that ‘unfortunately at the moment there is no ability for us to protect those trees‘. The resident then wanted it confirmed that ‘there’s nothing we can do’. The developer will cut down the trees ‘and they will be gone’ before he puts in the planning application. Delahunty then asked Torres to ‘detail’ the planning scheme’s ‘anti-moonscaping provision’.

TORRES: said that ResCode allows councils to ‘consider significant vegetation’ that are removed ‘in the past 12 months prior to lodging’ the application and that there are ‘principles around that in not granting a development advantage’.

DELAHUNTY: said that ‘that doesn’t necessarily address what you are talking about’.

RESIDENT: said that the property up for decision that night had a ‘big tree removed’ from there and wanted to know ‘what can be done about that?’

DELAHUNTY: passed this onto Torres and said that she didn’t ‘realise’ that there were any trees involved and that councillors didn’t have any information on that. In the end answered that ‘nothing’ can be done.

DAVEY: asked ‘what can we do?’

DELAHUNTY: said that ‘previously council has considered a significant tree register’ and that many other councils have one. Also that this is something they will ‘consider’ in the future.

RESIDENT: asked ‘how do we go about the process’ for getting council to ‘consider that again?’

DELAHUNTY: said she is a ‘big fan’ of a significant tree register. It’s been part of the last Community Plan but wasn’t ‘enacted at council’. ‘We will have to kick off a Local Law Review’ and that’s when they will start to ‘look at this very seriously’.

HYAMS: asked Torres about ‘this moonscaping development’ how council knows whether large trees are gone before the application comes in?

TORRES: said council has ‘detailed aerial photography’. Plus they get ‘information from the community as well’.

HYAMS: asked the resident when the tree was removed.

RESIDENT: answered that it was removed ‘just before the planning application’ went in on the property.

HYAMS: ‘so theoretically, our officers would have taken that into account’ in writing up their recommendations for the development.

RESIDENT: ‘it’s not been listed on the plans at all’. ‘so it’s just bad luck and they can do what they like’. Said this ‘doesn’t give’ him any ‘hope for the future for the place across the road’. Went on to describe how since all the palm trees along Nicholson St had been removed, the birds are now using these trees in Hamilton and if they go, then there’s nowhere for them.

DELAHUNTY: said she would have ‘another look’ at the aerial shots and ‘maybe it wasn’t significant’

RESIDENT: said the tree was ‘absolutely enormous’.

DELAHUNTY: thanked the resident and said ‘that’s interesting’.

 

COMMENT

The above ‘discussion’ highlights everything that is suspect about planning in Glen Eira. Apart from the fact that time after time the possibility of a tree register has been defeated by the likes of Esakoff, Lipshutz, Magee, Okotel and Lobo, we find Hyams doing his best ‘public relations’ performance by implying that council officers ‘would have taken into account’ the missing tree in their permit deliberations. It’s very strange then that the officer’s report states – There are no significant trees on the site that would be affected by the proposed development. Thus, did the planning department even bother to visit the site? Did they actually view these ‘aerial photos’. Even a quick search on Google shows large trees across both properties in the application!

Perhaps Hyams and the planning department should be made to answer this very simple question – how many times in the past ten years has council refused to grant a permit on the basis that a tree has been removed? Or even, how many times has the applicant been forced to amend his planning application to encourage the planting of a new tree in the exact same spot that the butchery occurred?

It would also be fascinating to know whether, and how much, council fined Jewish Care over the Wahgoo fiasco when overnight the bulldozers moved in and destroyed nearly 90 trees (including 4 designated as ‘significant’) prior to a permit being granted?

We also need to question why the emphases is on the Local Law (not due for renewal until 2019) and not ensuring that tree protection is part of the Planning Scheme itself. Local laws have far less weight than a provision in the planning scheme. The fact that something is in the Planning Scheme also ensures that residents have objection rights and can go to VCAT if they so decide. Depending how the Local Law is written, there may not be any objection rights whatsoever! Nor would residents have to wait 2 years for the law to be reviewed. An amendment could be started immediately – that is, if council really had the will. A simple copying from other councils should not take too much officer time!

Davey’s question is also disappointing. Doesn’t she really know what is possible? Doesn’t she work for Boroondara which has a tree protection policy? Or is she playing Dorothy Dix here? Either way, after 8 months as a councillor, and a Green, surely she should be aware of the options? Boroondara even allows the ordinary Joe Blow to nominate a tree for the register – https://www.boroondara.vic.gov.au/waste-environment/trees-and-naturestrips/nominate-tree-recognition-and-protection

Plus there’s also this latest move from a resident in Bayside to protect her peppercorn trees once the property is sold to a developer – See: http://www.heraldsun.com.au/leader/inner-south/bayside-council-lists-sandringhams-susan-st-peppercorns-on-their-protective-significant-tree-register/news-story/c8b1172df081b566ba92cb903a05bcb7

New councillors have overall been most disappointing. Goes to show how promises to represent the community all too often and quickly disappear into thin air once elected. Much can and should be happening right now. All it takes is for 5 councillors to have the gumption to get up, move a resolution and have it passed. Of course that would require Glen Eira joining every other council in the state and having what it known as a Notice of Motion – repeatedly defeated by the likes of Lipshutz, Hyams, Okotel, Esakoff, Ho and Tang.

The prize for the most disingenuous, misleading, and completely ignorant or politically expedient comments for the year must go to Delahunty, Magee and Athanasopolous. How anyone in their right mind could even contemplate uttering the sentiment that 20+ storeys of dog boxes is acceptable, given the community’s outcry about height and inappropriate development is simply staggering. But that’s what has happened as exemplified in the following ‘debate’ on the option of seeking mandatory height controls for the Caulfield Village Smith Street Precinct.

First, some explanation is necessary. The approved Incorporated Plan for the entire Caulfield Village project includes the following:

  • All stated heights are ‘preferred’ and are not MANDATORY.
  • The cited heights are listed according to AHD and for the Smith Street precinct the highest is nominated as 120 metres which is then recorded as ‘typical 20 storeys’.

AHD, or Australian Height Datum involves calculating street level from sea levels. In other words, how much above sea level is the land under discussion. The image we present below comes from the State Government’s Land Services division. It shows the contours of the land. Readers should note that the lie of the land varies from 46 to 49 metres. Since the Incorporated Plan specified 120m AHD that means that the 46 or 49 metres needs to be subtracted from the 120 metres to get any idea of the ensuing height.  If we subtract 50 metres from 120 metres, the result is 70 metres above ground level that the building can reach – unless of course the MRC decides to push the buttons on the ‘preferred’ aspect and go for higher. The Building Code of Australia sets a minimum floor to ceiling height of 2.4 metres. Thus even if we have larger floor to ceiling heights for the commercial ground floor areas, that would still leave approximately 60 metres available for residential purposes. The possible results are that the developer could quite easily construct a building of 25 and above storeys. Nothing binds the developer to a mere 20 storeys as this council would like residents to believe! – and especially not when we have a ‘preferred’ height limit rather than a mandatory one!

Please read the following carefully and decide how well these councillors are representing the community and how much they really understand as to the implications of their voting!

Delahunty moved motion to accept ‘as printed’. Magee seconded.

DELAHUNTY: thanked the resident for bringing council’s attention to the issue of ‘additional’ controls concerning heights at a recent council meeting and ‘whether or not we should look at some height controls’. Said the report gave the option that ‘we could apply to the minister to change the height controls’ or they could ‘reserve’ action until after the structure planning is done. Went on to say that ‘at the moment’ the Smith St precinct has height that varies from ’12 to 20 storeys’ and if the developer wanted to go over this height limit then ‘they would have to go through a planning application’. She therefore ‘supposes’ there is a ‘large disincentive’ for the developer to do this. Said she wasn’t ‘of a mind to impose anything additional’ on the developer that ‘isn’t in keeping with that particular precinct’. Her concern was getting ‘nice apartments’ and ‘not how high’ those apartments are. ‘I’m not particularly concerned about that’ or the ‘height of the Smith Street precinct at the moment’ because ‘I do not believe it will go over 20’. Admitted that it has been ‘much debated, much hated, but it is what it is’. It’s on an ‘incredibly major transport hub’ with no open space, but this ‘will change’. ‘So it’s right and proper that it takes a fair bit of development’. ‘So the height is of less concern to me personally’ than who will live there – ie affordable housing. This is where ‘I am suggesting we focus our energies’ and that’s why ‘I endorse that we reserve our considerations’ until the structure planning strategies are done. Said that it was ‘good’ to have to consider this and to have the reminder that there is a ‘built in disincentive for the developer’.

COMMENT

  • As to the Incorporated Plan being a ‘disincentive’ this is utter hogwash. If anything it and the history of this project are INCENTIVES, since the MRC has won every battle it has chosen to pursue at VCAT – and all with council’s complicity, or cave- ins. There is no reason to suspect that any future visit to VCAT will result in a different outcome if council does not strengthen its controls. And that, this motion has explicitly refused to do. Readers need to question why?

MAGEE: ‘like you’, I ‘certainly don’t have any issues with a 20 storey building on that site’.  Said it can already be ’22 storeys because what we’re talking about is height’ and by lowering the ceilings for each storey they can fit more storeys in. So on the ‘number of apartments’ there is ‘room to move’ but the overall height ‘can’t change’. ‘If you’re not going to put this sort of density around major transport’ hubs then ‘where are you going to put it?’ Went on to say that it does lack open space so ‘where can we find open space’ and implied the racecourse. Said that the precinct will also have commercial areas and that will bring ’employment opportunities’ and ‘right next to a railway station is a great incentive’. Didn’t think they should go to the government and try to get anything that’s ‘not there right now’. What’s there was ‘put in place many years ago and I believe we’ve moved on from that’. Went on to say that this is ‘really a great opportunity for people who don’t want to have a car’ to ‘live in a precinct’ that will give ‘unprecedented opportunities for public transport’ and ‘overlooking’ one of the most valued and ‘new open space’. With developments of this size there are ‘security’ issues but what council is ‘talking about today is not security, not open space, but height limits’. What’s there now is ‘may be not’ what was originally wanted but he thought it could be. ‘detrimental if we try and change that’ because ‘it could be changed the other way and we could see something that is quite significantly higher’

COMMENT

  • Money is NOT IN RETAIL, but in residential. That’s why the MRC has almost halved the originally mooted amount of commercial space in the development. For Magee to therefore spruik the ‘employment’ benefits of commercial space is a nonsense. We would not be surprised to find that the next development plan intends to cut the already reduced commercial space by another few thousand square metres and instead go for more apartments. Since nothing about this entire project is ‘mandatory’ the MRC can do what it likes – and it has!
  • Just because something has ‘been in place’ for years and has time and again shown to be inadequate is NOT AN ARGUMENT NOT TO TRY AND REMEDY THE SITUATION.

ATHANASOPOLOUS: asked if there was any site within the area that could provide space for ‘consumer car parking’ and whether ‘we’ve ever looked at the opportunity’ provided by the racecourse for ‘visitor car parking’?

TORRES: said it was a ‘private development on private land’ and so ‘the approval doesn’t envisage private car parking but it does envisage providing enough car parking for the various uses’ that will be ‘developed on this land’.

COMMENT

  • Athanasopolous’s question to Torres displays not only ignorance of the history of this project – for which admittedly some slack may be given – but surely when a councillor is about to vote on an important issue, he should make it his business to find out about the history of the project. If Athanasopolous had bothered to do his homework he would have found that on the issue of using the centre of the racecourse as a car park, both the community and council for that matter were strongly opposed.
  • Torres also needs to be ticked off on his response since it is only half true. The ‘various uses’ may be met, but there is no visitor car parking – agreed to by council!

MOTION PUT AND PASSED UNANIMOUSLY

A brief report on last night’s marathon 3.5hr council meeting. Full reports to follow.

  • On development applications, resolutions basically went along with officer recommendations. Certain councillors excelled in once again waffling on about ‘strategic vision’ instead of making even one comment as to the merits or drawbacks of the submitted plans and whether or not the plans were in accordance with the planning scheme.
  • Environmental Sustainability? Much hand wringing and crocodile tears regarding the environment but ‘too late’ to do anything now since the Government will be introducing its own guidelines/standards.
  • Mandatory heights for Caulfield Village? – Delahunty and Magee aren’t concerned about heights. Besides, there is already enough ‘protection’ regarding heights!

Comments

Whilst 5 new councillors were elected, it hasn’t taken long for them to be completely absorbed into the prevailing ‘do nothing’ , pro-development culture of this council. Opportunity after opportunity has arisen for real and dramatic change, as evidenced by the last two bullet points mentioned above. Residents should also not forget that any changes to the Local Law have also been delayed until 2019 when the current law expires. Nor should we forget the delay in introducing an amendment to hike up the open space levy. Council’s excuse?  Let’s wait for the latest census data! Well it is obvious that other councils do not intend to wait and have been working away solidly to impose adequate costs on developers that actually mean something. Here’s what Kingston is doing. The image is from today’s Caulfield-Moorabbin Leader. Amazing how other councils can proceed and work for their community!

Item 9.8 of the current agenda features council’s approach to Environmental Sustainability. That is, let’s not do anything and wait another two to three years for the State Government to introduce legislation. This ‘recommendation’ is despite all resident feedback on the need to increase open space in developments; to increase permeability and to introduce some decent amendments that will address the lack of any decent environmental measures in the current planning scheme.

We must also point out the complete lack of ‘objectivity’ in the officer’s report. Six metropolitan councils have been successful in introducing their own Environmental Sustainability Design amendments. Admittedly, these expire at the end of December 2017 as noted in the report. What is not noted is:

  • Are these councils seeking to extend their sunset clause?
  • What benefits have already been derived by having policy in place for nearly 3 years?
  • What damage will continue to occur in Glen Eira over the next 3 years whilst this council sits on its hands?
  • What of Water Sensitive Urban Design policies that these councils have with NO expiry date?

Every time that there is the possibility of introducing some new measure to protect the environment, or residential amenity, this council resorts to its old tricks – let’s wait for a couple of years because it is a state responsibility and not ours! Imagine how many more trees will go and how much more concrete will be poured whilst this council does nothing!!!!!!!

Here are the ‘unbiased’ officer recommendations –

 

The above image comes from page 93 of council’s commissioned Housing Report. We highlight this paragraph because it illustrates completely how statistics can be used to distort situations, especially when only half of the story is presented.

Both Plan Melbourne and Victoria in Future 2016 are cited, leading to two possible scenarios required  to meet Glen Eira’s population growth – either 28,600 net new dwellings, or 32,500 required dwellings. Thirty two thousand certainly sounds a lot, and is intended to. What readers need to remember is that these figures are projections for the next thirty-three (33) years up to 2050 or 2051. Thus if we are indeed in need of another 32,500 new dwellings, then all Glen Eira has to average is 970 net new dwellings per year! And for the past 5 years this pro-development council has averaged 2000+ per annum – OVER DOUBLE WHAT IS ‘REQUIRED’!!!!!

Why couldn’t the document state this simple fact? Why do residents have to perform some basic arithmetic in order to come up with a scenario that is far more ‘realistic’ and accurate? When put into perspective isn’t the issue that Glen Eira doesn’t need to:

  • Expand its activity centre borders as we suspect will happen
  • Maintain a growth that is double and triple what is required
  • Maintain a growth that increases density per square km that is totally unsustainable
  • Make Glen Eira the development ‘capitol’ of the Southern Region?

To illustrate all of the above here are the ABS building approval figures up to the end of March 2017 – that is, 9 months of building approvals. At this rate the year’s total will be approximately another 2000 new dwellings.

Residents need to understand that council’s mantra is and has always been to welcome development irrespective of its cost to residential amenity, sustainability, and overall density. Residents also need to demand answers as to why this council isn’t screaming blue murder as a result of Wynne’s recent amendments and why no genuine attempt is being made to rein in development?

Finally, it is also worth pointing out that the very figures presented by Plan Melbourne are highly questionable. Victoria in Future 2016 only shows projections up to the year 2031. Yet Plan Melbourne sites this source as projecting to 2051. There’s also the question as to how Glen Eira is supposed to represent 26% of the required new dwellings when there are only 4 municipalities included in the Inner Southern Region – Glen Eira, Stonnington, Bayside and Boroondara? Surely that’s 25%? Plenty of other stats in all of these documents can and should be called into question.

In March 2017, Wynne gazetted Amendment VC110 which is the latest version of the residential zones and the one trumpeted to ‘save our backyards’. Practically every other council has at least put up on its website information about this amendment. Many have included an officer’s report in their agenda papers and some like Banyule and Boroondara (see images below) have voiced strong concerns/objections to the amendment. Glen Eira on the other hand has maintained a stony silence! Not a public peep has come out from any councillor and certainly not from any administrative quarters via a media release, a web page announcement. Nothing but silence! Why? Is this another foray into keeping the public ignorant? Or is it more to do with not wanting to ‘antagonise’ Wynne and the Labor party so that brokered secret deals can go through? How much is politics at play here rather than transparent planning? Why, when after years and years of patting itself on the back for achieving such ‘largesse’ from Matthew Guy (ie mandatory heights, 2 dwellings per nrz) is council now silent when these very ‘achievements’ are about to go down the drain?

And if we are correct, then the rot has already started for the Neighbourhood Residential Zones. An application is in for 76 Bignell Road, Bentleigh East. This is a site in the NRZ of 580 Sqm and was sold in September 2016 for $1m. The application is for 3 attached double storeys! And all is ‘legal’ since March 2017 thanks to Wynne. We therefore urge all residents in both the NRZ and GRZ zones to be on the look out for this new threat to our neighbourhoods – one that council is hoping will slip through unnoticed no doubt! Wynne’s amendment we suggest sits well with council’s long history of a pro-development agenda. Like VCAT it will eventually become the convenient scapegoat for over a decade of appalling strategic planning and gang after gang of complicit councillors.

We will report on the potential impacts of Wynne’s amendment in posts to come. In the meantime, here are some screen dumps from a recent Banyule council meeting and the letter that Boroondara sent out to its residents –

We have received several emails asking us to elaborate on our statement that council will be enlarging the activity centres and thus paving the way for more intense development throughout Glen Eira. This post explains our reasoning.

According to the planning scheme the ‘housing diversity’ areas include all those sites zoned as General Residential Zone, Residential Growth Zone, Commercial and Mixed Use. NO NEIGHBOURHOOD RESIDENTIAL ZONING (NRZ) IS INCLUDED IN HOUSING DIVERSITY. These come under the umbrella of ‘minimal change’ – ie the NRZ zones.The image below makes this clear

Thus we have the current situation where each and every ‘activity centre’ is zoned as either RGZ, GRZ, C1Z OR MUZ. Where these sites meet ‘minimal change’ (ie NRZ) then that determines the border of the respective activity centre.

If we are to believe what is written in council’s commissioned housing report, then all this is about to change. Here are a couple of screen dumps from this document which refer to NRZ sites WITHIN ACTIVITY CENTRES! As we’ve stated – there are no NRZ sites in any activity centre. The fact that this ‘research’ is done on this basis can only mean one thing in our view – council will be extending the borders to most activity centres. And once extended we would bet that the classification of these sites will not be NRZ any longer!

Isn’t it about time that council came clean on what it is really doing? How much longer will residents be kept in the dark? And how about council answering the most basic questions concerning:

  • definite time lines
  • what is ‘capacity’ and why do we even contemplate the need for another 20,000+ dwellings?
  • how sustainable is any of this?
  • what is council doing about parking and traffic management?
  • what is council doing right now about amending the schedules to the zones?
  • why can other councils keep working on amendment after amendment and council has done bugger all, except to rezone land for more development?

There can be no doubt that council is gearing up for:

  • Facilitating increased major development throughout Glen Eira
  • Expanding the borders of activity centres

Residents need to question why given:

  • That Glen Eira is already the third most densely populated municipality in the state – only behind Melbourne and Port Phillip – both of which are special cases anyway.
  • That no estimates of infrastructure costs, traffic management costs, etc. have been included in any forecasts
  • No realistic estimates of what Wynne’s new legislation will mean for accelerated development in both Neighbourhood Residential Zones and the General Residential zones. The housing paper we believe fails to adequately account for these changes and their potential for much more development.
  • No realistic estimates of what demands will be placed on open space and how much meeting the most minimalist standards will cost
  • No consultation with residents as to whether or not they are accepting that various activity centres should be able to have a dwelling ratio of over 200 dwellings per hectare! A hectare is 10,000 square metres. If we assume that the average housing block is 500 square metres, this means that 20 houses will be replaced by over 200 in countless residential streets.

Featured below is the more detailed prognosis for our suburbs from council’s commissioned report –

Carnegie – Assumed 36% of developable land in the centre for future residential development of at least 200 dwellings per hectare.

Caulfield Junction (inc. Caulfield Village) – …. it is assumed that 36% of developable land in the centre for future residential development of at least 200 dwellings per hectare.

Elsternwick – development. Assumed 36% of developable land in the centre for future residential development of at least 150 dwellings per hectare.

Bentleigh – Assumed 28% of developable land in the centre for future residential development of at least 150 dwellings per hectare.

Moorabbin – Assumed 28% of developable land in and around the centre for future residential development of at least 150 dwellings per hectare

Murrumbeena – Assumed 28% of developable land in and around the centre for future residential development of at least 150 dwellings per hectare

Caulfield South – Assumed 28% of developable land in and around the centre for future residential development of at least 100 dwellings per hectare.

Glen Huntly – Assumed 28% of developable land in and around the centre for future residential development of at least 100 dwellings per hectare.

Caulfield Park – Assumed 28% of developable land in and around the centre for future residential development of at least 100 dwellings per hectare.

Hughesdale – Assumed 24% of developable land in and around the centre for future residential development of at least 100 dwellings per hectare.

McKinnon –  Assumed 24% of developable land in and around the centre for future residential development of at least 100 dwellings per hectare.

Ormond – Assumed 24% of developable land in and around the centre for future residential development of at least 100 dwellings per hectare.

Ripponlea – Assumed 20% of developable land in and around the centre for future residential development of at least 75 dwellings per hectare.

Gardenvale –  Assumed 20% of developable land in and around the centre for future residential development of at least 75 dwellings per hectare.

Alma Village – Assumed 20% of developable land in and around the centre for future residential development of at least 75 dwellings per hectare.

Patterson –  Assumed 20% of developable land in and around the centre for future residential development of at least 75 dwellings per hectare.

East Bentleigh –  Assumed 16% of developable land in and around the centre for future residential development of at least 75 dwellings per hectare.

We urge all residents to read the Housing commissioned paper and to digest its message. (UPLOADED HERE). Query the assumptions! Query the figures and finally query the (secret) agenda! We will be doing this in future posts.

http://www.theage.com.au/victoria/melbournes-ugly-scaffolding-set-for-a-makeover-20170525-gwcze9.html

Aesthetics as covered by The Age article above is one thing. Public safety, and treating council’s laws with absolute disdain is another. Not for the first time have we featured photos sent to us by residents of development sites that should be closed down or at the very least fined severely on a daily basis. Council however seems to be unable to enforce its own and state regulations – or worse, simply turns a blind eye despite the fact that residents do ring through time and time again over individual sites and complain bitterly.

The following photos all come from Mimosa Road, Carnegie where two major 4 storey developments are currently under construction. Please note the following which are all contraventions of council’s Local Law as well as state legislation:

  • No display of any hoarding permit which mandates that there must be at least 1.5 metres provided for pedestrian use. Plus, non securely attached hoardings!
  • Turning footpaths into lunch areas with chairs etc. contravenes council’s Local Law and also represents a pedestrian/disability hazard by blocking the footpath
  • Forcing people onto the road without clear sightlines is another no-no and the orange etching on the grass plus the pathetic piece of wood designed to act as a plank for wheelchairs is also unacceptable. Then, simply parking over this ‘access’

Council could literally be raking in thousands of dollars per day if they were to do their job properly. Are they? And if they’re not, then why not?

Last night’s council meeting was another marathon of posturing, self congratulations, and inconsistency from one item to the next. Developers of course had a field day!

Below is our report on one of these items – a six storey building, 12 units and one shop of 37 square metres at Kokarrib Road, Carnegie. We are highlighting this decision since it features all of the negatives outlined above. Surely after 6 months as councillors we should expect a far better ‘performance’ than what is currently being dished up?

Hyams moved motion to grant permit with added conditions regarding screening and visitor and shop car parking. Seconded by Athanasopoulos.

HYAMS: said that the recently approved interim height guidelines ‘allows’ for a 6 storey building. Claimed that ‘it does fit in’ with recent developments in Rosstown Road and issues of ‘overshadowing’ are within ResCode provisions because the overshadowing basically occurs across a ‘driveway’.  Didn’t want a waiving of visitor car parking because he was there on Sunday and it was ‘certainly all parked out’ in the area. Said that the additional car space could be accommodated within the plans so ‘it wouldn’t be like we’re knocking back’ an apartment. There’s a ‘small shop’ so that ‘fits with the commercial area’ but doesn’t divert shopping from Koornang Road. Overlooking is an ‘issue’ because the building next door is ‘actually screened’ and the applicant himself asked for screening to prevent overlooking so ‘that’s what we’ve done’. Admitted that traffic is ‘onerous’ but 12 apartments is ‘unlikely to be significant’ impact on the roads. Thought it was a ‘reasonable application’.

ATHANASOPOULOS: asked Torres whether there will be ‘consideration’ given to road changes with the structure plan work they are currently doing?

TORRES: said that the ‘accessibility of our centres’ would be looked at as well as ‘pedestrianisation’ and ‘safety’.

ATHANASOPOULOS: thought it ‘was great’ that there is enough area to ‘squeeze’ the visitor car parking into the plans. Said that they need to understand ‘how these places actually work’ and how they might work in the future. He asked Torres the question because residents need to ‘understand’ that there might be some changes. If you can’t house people 100 or 200 metres ‘away from a train station I don’t know where you’re going to house them’. ‘Is 6 storeys too tall? – I don’t know’. Currently ‘I can’t say it is too tall’ based on ‘policies in place at the moment’. ‘It fits all the other aspects reasonably well’. Said that on the issue of the commercial area, people have ‘complained’ to him about the amount of housing they’ve also said that there ‘isn’t enough work, whether it be service or retail’ but you ‘can’t have growth’ by increasing population and not increasing commercial zone. Chapel Street ‘died’ over time because ‘there was no increase in amenities’ despite huge increase in population and ‘rentals went through the roof’. All of these things ‘have to be taken into consideration’. So the plan fits into the zone but will ‘hopefully’ help the ‘amenity as well’.

ESAKOFF: started by saying she is ‘struggling with this one’. To the north there’s another apartment block and the residents there said they would be ‘impacted severely’. They will be ‘virtually walled in’. ‘It’s a 6 storey building. It’s a large edifice’. Said she ‘understands’ that setbacks ‘have been applied’ and that the open space isn’t ‘considered as private open space’ and ‘I just can’t fathom that’. ‘They are not going to get any light’ into ‘their properties’. Even that block of flats will probably also be redeveloped. because it’s in the same zone. ‘I am struggling with the amenity issues around this’ and the ‘transition’ of more residential further down Rosstown Road. This ‘sits close to the edge of the zone’. Finished by saying she will listen to the ‘debate’ and decide.

SZTRAJT: agreed with Esakoff and said ‘I too am torn’. Said there’s an issue with zoning in ‘allowing a 6 storey building’ to occur in ‘places like this’. Said that looking at all the items on the agenda tonight that as a council ‘we are providing guidance to developers’ by ‘changing some subtle things in the plan’ by allowing a ‘visitor spot that they asked an exemption for’ yet ‘we couldn’t do it for another development’. Therefore ‘what we are teaching developers’ is that if they want to build in Glen Eira and don’t want to ‘fork out the extra’ for a car parking spot then all they have to do is ‘make sure they’ve got a stacker system’. Said he would have been against the application if council went with the waiver but they’ve now got the ‘additional parking spot. We managed to fit it in’. ‘This applicant was unlucky that we managed to fit that in’ by putting the shop car parking spot into the stacker thereby ‘creating this spot’. Said he is leaning towards approval because the ‘overall amenity’ isn’t going to be ‘too bad’. ‘I shudder to think how developers will learn from out actions’. They will realise that there is a simple way to ‘lead council by the nose’ by telling them that in every application they put in ‘there is no additional space’ for car parking so ‘I need a waiver for additional car parking’. ‘And we’re now so frightened about what VCAT will say that we are approving’ such applications.

DELAHUNTY: said she was conscious that ‘we have been veering off in our discussions tonight’. Council makes decisions and ‘tries to be consistent’ but applications are decided on the individual merits of the ‘application in front of us’ and ‘sometimes those decisions can seem to be in constrast to one another’. They look at the transport ‘around’ and ‘it’s always taken in context’. She takes the point that maybe they are giving developers a message but there are also other instances where council says ‘it’s not good enough’ and they ‘redesign’. Also going to VCAT has an ‘imposte’ on residents in terms of money spent and officer’s time so ‘there’s an element of that that needs to be taken into consideration’. Said she was in favour of the motion.

HYAMS: said he wouldn’t have done what Sztrajt did by ‘pointing out’ to developers what they might do. Disagreed with this anyway because ‘the site is the size that it is’ and developers ‘aren’t going to buy a site’ thinking ‘oh I can’t fit’ car spots in. Esakoff’s concerns were with amenity impacts but at the planning conference it was clear that these residents weren’t ‘going to be overshadowed’ because they were over on the ‘other side of the driveway’. They ‘will be looking at a unit in front of them’ but there will be other development ‘anyway’. Admitted that this is a concern he didn’t think it was a ‘reasonable’ concern to refuse.

MOTION PUT AND CARRIED. Esakoff voted against.

COMMENTS

  • When 5 of the current councillors decided WITHOUT CONSULTATION that 6 (preferred height) storeys in this spot was okay, surely it is a bit late to start wondering whether or not 6 storeys is too big?
  • 95% of discussion avoids planning issues per se and certainly any intelligent commentary on the application itself. Credit to Esakoff here as the only councillor to even attempt to enunciate what ‘amenity’ impacts are likely to be.
  • An officer’s report that is devoid of all detail, including how many 1, 2, or 3 bedroom apartments nor detail as to how this accords or doesn’t accord with ResCode and the planning scheme.

This is what should happen if a council is determined to be transparent and accountable in its planning decisions – a simple table outlining all the issues and whether or not the application is compliant. Maybe then we could also get councillors to speak to the application rather than regurgitate the nonsensical officer’s report or simply enjoy the sound of their own voices!

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