GE Governance


A couple of basic questions to start with:

  • How much does it cost ratepayers to defend the indefensible at VCAT?
  • How ‘competent’ are our planning staff, or
  • Are we witnessing the expansion of council’s agenda that is designed to reinforce the image of VCAT as the awful ‘villain’?

For the past year or so, council via ‘manager’ has refused an extraordinary number of planning applications for 2 double storeys in the Neighbourhood Residential Zone. These applications then invariably head off to VCAT and we estimate that over 90% are granted their permit and council’s refusal is set aside.

Here is a sample and the full summary for the past year is uploaded HERE

The applications in this image are all well and truly over 600 square metres and one is over 700 square metres. Surely, any ‘transgressions’ could have been remedied via thoughtful conditions rather than incurring the costs of going to VCAT  for both the developer and council.

What is literally staggering is the quality of the council arguments that then occurs at VCAT. A recent VCAT decision must surely take the cake for the most inept and farcical attempt to defend council’s refusal. We quote:

  • The responsible authority’s key concern focused on the rear of the site and what it considers to be an open backyard character of the area. In particular, it was concerned that the rear setback of the first floor of the proposed dwelling 1 would be closer to the rear boundary of the subject land than the rear setback of the older dwelling at number no.16 Molden Street. It submitted that the rear setback of the first floor of the proposal should not extend deeper into the review site than the rear setback of the existing dwelling at no.16 Molden Street.
  • We do not agree with the responsible authority that it is appropriate the prevailing setback to the rear boundary of a dwelling built some seven decades ago should prescribe the rear setback of one or two new contemporary dwellings. Simply ruling a line across the subject land aligned with the setback of the existing older dwelling on no.16 Molden Street does not comprise site and context responsive design. It is a very blunt tool to use to determine whether a proposal is respectful of the existing character of the area. More importantly such an approach has no basis in the scheme.

So the questions remain:

  • Why are so many applications in NRZ being refused? Surely they can’t all be that poor? and especially when they meet all the NRZ schedule requirements for site coverage, height, permeability, setbacks as the one cited above has done?
  • Why is council content to waste its planners’ time and effort in defending the indefensible?
  • How much is this costing ratepayers – especially in an era of supposed cost cutting and pressures on councils to be far more frugal and proficient in what they do?
  • We suggest that instead of spending tens of thousands on such cases, that council should employ far more competent planning staff to deal with the current planning chaos that is Glen Eira!

PS: in order to provide a little more context to the above we add the following – a list of all published VCAT outcomes from January 2016 to the present day. All decisions involved 2 double storey applications in the Neighbourhood Residential Zone. Council’s record as revealed below is literally appalling with only one ‘refusal’ upheld and only several ‘varied’ – ie council’s conditions chucked out. More applications are awaiting decision.

8 Bokhara Road, Caufield South – set aside

45 Mortimore Street, Bentleigh – affirmed

285 Alma Road, Caulfield North – set aside

20 Cushing Avenue, Bentleigh – varied

40 Fromer Street, Bentleigh – set aside

19 Thomasina Street, Bentleigh East – set aside

12 Anarth Street, Bentleigh East – set aside

20 Begg Street, Bentleigh East – varied

1 Heatherbrae Avenue, Caulfield – set aside

6 Glenmer Street, Bentleigh – set aside

309 East Boundary Road, Bentleigh East – set aside

6 Burreel Avenue, Elsternwick – set aside

3 Malcolm Street, McKinnon – set aside

1 Jane Street, Bentleigh East – set aside

633 Warrigal Road, Bentleigh East – set aside

7 East Boundary Road, Bentleigh East – set aside

1A Osborne Avenue, Bentleigh – varied

8 Murrong Avenue, Bentleigh – varied

34 Omar Street Caulfield South – set aside

25 Coates Street, Bentleigh – varied

2 Draper Street, McKinnon – set aside

5 Lord Street, McKinnon – varied

3 and 4 Beatty Crescent, Bentleigh – set aside

18 Richard Street, Bentleigh East – set aside

30 McArthur Street, Bentleigh – set aside

 

The following image comes from the Progress Leader of the 9th May, 2017. It raises innumerable questions as to whether what we are currently witnessing throughout Victoria and in local councils is truly good strategic planning, or straight out political machinations.

Here’s our take on recent events:

  • Wynne’s intervention in Yarra in slicing a proposal down to 10 storeys? It’s his seat and the Greens are on the march
  • Staikos is vulnerable – holding the seat by the skin of his teeth
  • Dimopolous in ‘danger’ also following the outcry against Skyrail and lack of consultation (now confirmed by the Auditor General in his latest reports)
  • Boroondara – strongly Liberal

Thus we get politspeak in spades from the department and the Minister’s office. Please note the comments on Glen Eira carefully!

The Auditor General yesterday released his report on consultation practices in local government. Glen Eira was not audited for this report. However, the comments would still be relevant – particularly in regard to the processes for determining budgets and council plans. The full report is available from – http://www.audit.vic.gov.au/reports_and_publications/latest_reports/2016-17/20170510-pp-local-gov.aspx

Here are a couple of screen dumps that readers might like to consider –

Council has indeed perfected the art of camouflage in its production of the annual budget. Broad categories that are not defined become the perfect tool for obfuscation and lack of accountability. Figures, prognostications, and actual business plans seem to be nothing more than works of fiction. A few examples should suffice.

Readers will remember the fuss that Delahunty initially made in regards to the GESAC Wellness Centre – that it was lacking in ‘social responsibility’ and had the potential to damage local businesses. The image below comes from the minutes that gave the go ahead for the completion of this facility. Please note the figures –

Now, less than a year later we find on page 223 of the draft budget – The Wellness Centre is expected to generate income of $434k and incur costs of $405k for 2017-18.

How on earth can the ‘cost calculation’ skyrocket to this extent in less than a year? And what happened to the $120,000 profit once operational?

There are other issues with this centre too. The 2016/17 budget allocated $250,000 for ‘completion’ of the centre. Yet on the 21st March Council Meeting the following tender for the Wellness Centre was included for the in camera discussions

That Council:

  1. appoints Ducon Maintenance Pty Ltd, ACN 150 941 174 as the contractor under Tender number 2017.013 for an amount of $499,273.00 exclusive of GST.

GST would add approximately another $50,000 hence we are looking at well over $500,000 before the first penny comes in. In other words, the centre will not be running at a profit – it will be running at a loss once all the figures are added up!

Other figures for GESAC are also questionable. For instance the current draft budget provides us with these statements-

Addition of fans/chiller to the stadium, outside gym area on the first floor outside the group fitness area and replacement of pool equipment – $210,000 (page 90)

Then a few pages later we have the identical ‘explanation’ but the cost suddenly becomes $40,000 less!

Addition of fans/chiller to the stadium, outside gym area on the first floor outside the group fitness area and replacement of pool equipment – $170,000 (page 93)

One and one never seems to add up to two in Glen Eira! Statements and figures should be crystal clear to even primary school children – unless of course the objective is to camouflage the truth!

A short post alerting residents to the fact that council has published its draft budget, community plan and also included plenty of planning applications in the current agenda – a massive 555 pages!

We will report on the first two in much greater detail once we have had the time to fully digest the documents. What follows are simply some overall first impressions:

  • The community plan is presented in a different format completely. The old ‘faults’ are still there however – ie. very little correlation between ‘objectives’ and assessment of these objectives. For example: on the theme of ‘informed and engaged’ one of the criteria for evaluating ‘success’ is recorded as “Rates per assessment will remain at the second lowest level of all metropolitan municipalities”.
  • If council is truly concerned about ‘transparency’ then we have to question why on page 101 of the draft budget council insists on highlighting the percentage increase for bins, rather than the actual cost increase – ie. “240 Litre Bin 1.95 per cent Increase” etc. Residents shouldn’t have to plough through hundreds of pages to be able to work out how much charges have increased. This is the first time we believe that this kind of presentation has been done.
  • For all the talk about open space expenditure, there appears to be zero allocated for the 2017/18 financial year according to the Strategic Resource Plan!
  • Rates of course are going up, as is every other single charge. Council has however stated that it will not be seeking a higher rate (mandated 2% increase) via an appeal to the Essential Services Commission.

On other matters –

  • Parking restrictions around the hospital will not change – despite protest after protest and nothing really forthcoming from the proposed ‘advocacy’ to Caulfield Hospital
  • More applications in for extended heights – Neerim Road going for 4 storeys when a previous permit application was successful for 3 storeys. Officer recommendation? – permit. We are also mightily amused by this argument in favour of the permit – The new top floor balcony is proposed to be setback approximately 6 metres from the street. It is considered that this setback is appropriate having regard to the approved setback of the fourth storey of the building to the east (253 Neerim Road) at approximately 6 metres.
  • For another application council officers see nothing wrong in waiving 5 car parking spaces for shops!

Watch this space!

The so-called ‘Tranformative Concepts’ for dealing with the issue of parking to in our activity centres basically proposes

  • To flog off to private development as much of council owned car parks as possible – the terminology became ‘repurposing’!
  • To replace these car parks with one single above ground car park of at least 2 or 3 storeys.

One Mile Grid was then commissioned to survey ‘traffic’ flow in various streets. Their brief is defined as

Without stating the obvious, traffic flow and parking should be two distinct areas. It appears that council is determined to conflate both issues in the attempt to provide support for its highly questionable  recommendations! Not surprisingly, the results of the One Mile Grid analysis for Elsternwick, Carnegie, Bentleigh concluded that – The results show that all intersections analysed are currently operating under ‘excellent’ conditions during both the morning and afternoon peak hours with minimal queues and delays experienced by motorists. Only Orrong Road brought up a ‘good’ condition report rather than ‘excellent’. Many residents travelling along these roads/streets would beg to differ!

We are not traffic engineers. We are simply residents attempting to understand how such results can lead to the recommendations when:

  • No account has been taken of anticipated residential developments in the area
  • No account has been taken of car parking spots in nearby residential streets
  • No account has been taken of council car park occupancy rates
  • No account has been taken of occupancy rates in surrounding streets
  • No account has been taken of car ownership in the area
  • No account has been taken of parking restrictions in the area
  • No account has been taken of ‘through’ traffic – ie not remaining in the activity centre itself but just passing through

If council is indeed sincere about providing adequate car parking in its activity centres, then one must expect far more than a highly suspect report that does nothing more than focus on ‘traffic flow’ at certain intersections and concludes that all is hunky dorey for the most part and that public land can be flogged off for more private development.

By way of contrast we urge all residents to read the following that comes from Moonee Valley council’s amendment seeking to introduce both a parking overlay for the Moonee Ponds Activity Centre and a developer contribution of up to $13,000 per each car parking waiver. Then ask yourselves would Glen Eira ever attempt something like this given its pro-development agenda? We’ve uploaded the Moonee Valley traffic analysis, (a 175 page document) HERE

The latest outrage in development applications concerns 9-13 Derby Road, Caulfield East. Advertising has now finished for an application that proposes:

  • 18 storeys
  • 158 student accommodation units ranging in size from 15 square metres to 32 square metres. Please note that both Monash and Whitehorse have a requirement in their planning scheme about minimum size of apartments and Monash stipulates that for ‘self-contained’ units the minimum size be 24 square metres of floor area. Such clauses are absent in the Glen Eira planning scheme!
  • 1 shop of 151 square metres
  • A car parking waiver of over 40 car parking spaces
  • Under a Heritage overlay

The fact that this has not been refused outright at manager level is astounding given that various other applications of the recent past have not been advertised at all. Recent manager refusals include the Development Plan for Precinct 2 of Caulfield Village (400+ units); 8 storeys in Hawthorn Road; 7 storeys in Neerim Road and another 8 storeys in Rosstown Road. Yet this one gets through unscathed! Why? We can only surmise that this is because of the state of the current planning scheme and the wheeling and dealing that is going on between Monash, the VPA, Council, State Government, and other vested interests in the Phoenix Precinct area.

To rub further salt into the wounds the planners can’t even proof read properly, or don’t even know where the site is located – ie Hawthorn East! Because the area is zoned Commercial 1 it is therefore okay to have zero permeability and 95% site coverage on a 540 square metre block.

Finally, here is what it purports to look like –

A huge gulf exists between resident responses to the ‘surveys’ on ‘transforming’ our activity centres, and what is portrayed as the ‘results’ of this ‘consultation’. The McKinnon report is another example of a work of fiction that fails to accurately represent what residents said – especially in the category of ‘private development’. Here is the pie chart claiming to depict the results –

Please note the following:

  • To claim that ‘there was no clear agreement on suitable building heights’ is rather rich given that residents have never been asked – what do you think is an appropriate development height in any of the activity centres!
  • The claim that only 27.8% of comments were opposed to development is utter nonsense. On this topic of ‘private development’ there were 64 valid responses. We’ve ignored blanks and those marked as n/a. Of these 64 responses, a clear 39 were opposed to development (highlighted in orange below). That makes it 60.93% of responses were opposed to development
  • The report also states that ‘Many felt it was the popularity of the suburb services, particularly the high school’ that resulted in ‘increased population’. A more honest response could have been that increased population is a result of the zoning. Further, of the 64 comments only 3 mention schools at all – that is 4.68% – yet it rates a prominent mention in the report!

Please read the following comments and judge for yourselves as to the validity, honesty, and accuracy of this ‘consultation’ report.

The current agenda features 3 items of particular interest. Two involve planning applications and the third is an officer’s response to a request for data on car parking waivers as a potential tool to use at VCAT. What is presented in each of these reports we find staggering and wonder what on earth is going on with planning in this council.

  1. Data on Car Parking Waivers

As per usual, the report  concludes that – It is considered that the extensive resources required to collate car parking waiver data could be more effectively directed towards creating the strategic basis for future car parking provisions. By doing so, much needed clarity can be provided to the town planning process in Glen Eira with subsequent benefits in defending VCAT appeals.

Backing up the ‘do nothing approach’ we get – A comprehensive audit of past planning decisions to obtain car parking waiver data would be a resource intensive exercise.

The ultimate recommendation therefore reads – That Council acknowledges this report and the strategic work that is underway which will ultimately lead to clearer and more effective planning provisions around car parking.

We also urge readers to note the following paragraph – In terms of specific controls,Council’s adopted Planning Scheme Review Workplan is committed to investigating the use of Car Parking Overlays and Parking Precinct Plans. These controls can provide greater clarity for decision makers, the community, and permit applicants through location specific car parking rates or developer contributions.

COMMENT

  • Resident comments on the planning scheme review were strongly in favour of developer contributions. Here we find ‘or developer contributions’ and this is the only time in the entire report that this issue rates a mention. Question: does council really have any intention of introducing a levy for car parking waivers? Given that the emphases is entirely on overlays and Parking Precinct Plans, which were promised in 2003/4 – our skepticism is probably warranted!
  • More of the same from this council? – ie let’s not do anything for the moment until our structure plans are in place! We do not see how the collation of empirical data should impact the ongoing development of structure planning. We would also assume that such data should be available on council’s computer systems. If it isn’t then why not? – especially when millions upon millions are spent on council’s systems. Surely it is time that some decent programming was undertaken so that all data pertaining to an issue is there at the click of a button?

 The Planning Applications

Below are two screen dumps that show the zoning for the applications. One in North Road, Ormond (5 storeys, 4 units) and one in Jasper Road, McKinnon (4 storeys, 4 units). Worth noting that council hasn’t used zoning maps, but instead included aerial shots which (perhaps intentionally) do not show up the planning contexts of these sites. Before proceeding further, readers might like to hazard a guess as to which application was refused and which was granted a permit?

  1. North Road Application

The officer’s recommendation was refusal. Yet scattered throughout the report we find the following:

  • The waiving of one visitor car spot was fine since – given the site’s proximity to Glen Orme Ave there would be ample on street car spaces for the one visitor car space shortfall
  • It is considered that the proposed development complies with Council’s Housing Diversity Area Policy. The height, density, mass and scale of the development is considered appropriate for this location.
  • The height and scale of the proposal are in keeping with the emerging character of the areaencouraged by State and Local Policy.The proposal has a maximum height of 16.7 metres. This is comparable to the approved development under construction next door at 534-538 North Road which also has a height of 16.7 metres.
  • On overshadowing – Whilst there will be overshadowing created by the proposal it is not considered to have any unreasonable impact on any adjoining land given the mixed use zoning to the east and west and the non-residential use immediately to the rear.
  • Internal amenity is deemed satisfactory

Thus on all the major ‘criteria’ this proposal meets the requirements. The refusal boils down to laneway access and car stackers and that the plans have not ‘satisfactorily demonstrated’ that access and layout provide a ‘safe environment for users’. So we now have the situation where an application for 5 storeys in a Mixed Use Zone and surrounded by GRZ, and other commercial sites that are already 5 storeys is refused on grounds that we doubt will stand up at VCAT. Besides, council already thinks that 8 storeys is appropriate for the Ormond Tower!

  1. Jasper Road Application

This application gets the nod of approval – despite the fact that it directly abuts a Neighbourhood Residential Zone; no onsite parking is proposed for the food outlet, and no visitor car parking for the 4 units (ie the magical number is 5!). We then get these extraordinary components –

  • Transport planning is against waiving of the car parking spot for the food outlet but in the end it is considered ‘acceptable’ to waive the requirement because of the ‘availability of public transport’, and ‘onsite car parking’. Isn’t North Road also close to public transport?
  • Internal amenity is only ‘generally appropriate’ and this can be fixed by a condition requiring a window or a skylight
  • The laneway of 3.5 metres is considered to be a ‘sufficient buffer’ to the NRZ residents
  • Car stacker is ‘generally satisfactory’ but more detail is required! (Note the contrast of this to the North Road application!)

CONCLUSIONS?

  • How about some consistency?
  • How about providing the full facts – ie width of laneway in North Road application?

Finally, just to add salt to the wounds,  the hole in the ground opposite the Jasper road application was originally granted a permit for 4 storeys in 2014 by council. The land and permit were then on-sold and we now have another application for –

The construction of a five storey, mixed use building above basement car park (comprising a food and drink premises and 45 dwellings); a reduction of car parking requirements; waiver of loading bay requirements; alteration of access to a Road Zone Category 1; construction of buildings and works within a Special Building Overlay

What does this all this say about council considering ‘cumulative impact’ on street car parking spaces and on the overall approach to providing transparent and credible officer reports?

Booran Reserve playground in Glen Huntly could be best in Melbourne

Bianca Carmona, Caulfield Glen Eira Leader

April 1, 2017 12:00am

A CHILD’S smile might be priceless to most, but it comes with a hefty price tag of almost $11 million in Glen Eira.

The council has spent $10.8 million creating what could be Melbourne’s most expensive playground at Glen Huntly’s Booran Reserve.

It is almost twice the cost of the Royal Park Nature Play Playground next to the Royal Children’s Hospital, which opened two years ago and is considered one of Melbourne’s best.

By comparison, neighbouring Bayside Council has approved funding of almost the same amount ($10.48 million) to improve more than 60 play areas over the next 10 years.Booran Reserve in Glenhuntly will open soon.

The Leader asked Glen Eira council what bang ratepayers were getting for their buck, but the council refused to reveal a breakdown of the final bill, acknowledging only that the State Government had provided $700,000.

Leader can reveal the water-themed playground of the future boasts Australia’s first double-dome climbing net, custom-made play equipment, a water play area, outdoor gallery space, urban forest corridor and double flying fox.

Glen Eira Council infrastructure, environment and leisure director Samantha Krull said the reserve, which was formerly a reservoir, included a range of spaces that provided for play, activity and relaxation.

The construction of the playground at the corner of Glenhuntly Rd and Booran Rd is now almost five months behind schedule, building anticipation about its opening on Sunday.

Comments from the Glen Eira Residents Action Group were mostly positive, with member Vicki Howson writing: “Wow, looks fabulous … can’t wait to take my grandchildren here.”

But Ratepayers Victoria vice-president Jack Davis wasn’t impressed, saying the price tag was “ridiculous”.

“It’s an exorbitant use of ratepayers’ funds,” he said.

A Community Fun Day will be held at the reserve on Sunday, April 9.

The official opening will be held on Tuesday, April 11, by Victorian Minister for Innovation Philip Dalidakis.

Source: http://www.heraldsun.com.au/leader/inner-south/booran-reserve-playground-in-glen-huntly-could-be-best-in-melbourne/news-story/f132e57ea7cb7b1b7ebba5ca420d6230

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