GE Governance


There is an extraordinary officer’s report for a planning application at tonight’s council meeting. The application is for Kambrook Road, Caulfield North. It proposes a 5 storey and 61 unit development. The problem with this, is that the site is zoned as Residential Growth Zone (RGZ) – ie a mandatory 4 storey height limit!

So what does our wonderful council do? Simple – the Camera report recommends that a storey be lopped off to bring the development down to 4 storeys with a height of 14.5 metres due to the slope of the land.

A multitude of questions arise from this –

  • Since the application was ‘illegal’ to begin with, why wasn’t this rejected outright at the start when the application first landed on council’s desk in December 2016 – and we are sure in the countless earlier pre-application meetings with the developer?
  • Why is council doing the developer’s job? – ie instead of forcing the developer to come up with an entirely new application, it is council, and council’s officers’ time that are doing the work of the developer. That of course means that ratepayers are again subsidising developers
  • No mention is made of the number of apartments that council is now willing to grant a permit for. The Camera report is silent on the repercussions of deleting one storey.
  • The use of the word ‘generally’ occurs 7 times in this officer report. In other words, planning scheme conditions are not FULLY met, but only ‘generally’ met. We have to again ask why on earth have standards and guidelines when they can be so easily overlooked?
  • The final important question is – how far will council go to accommodate developers?

Council has finally released its draft Activity Centre Strategy. We are left speechless at both the quality and the deliberate camouflage of council’s intentions. Not only is the document a vapid, repetitious , and totally uninformative vision of the future but it lacks everything that an Activity Centre Strategy should include. For example:

  • No detail on proposed height limits
  • No detail on proposed building form
  • No detail on proposed open space requirements
  • No definition as to what ‘urban renewal’ really means
  • Plenty of promises that largely repeat the promises made in 2003/4 but without any timelines
  • Statistics that are wrong, wrong, wrong!

Worse still is the tone! Lack of detail is one thing, but when a strategic document of this importance includes the following rubbish it is totally unacceptable. We quote directly from the strategy and invite ‘interpretations’ as to the true meaning of any of these sentences –

As our local centres become more affected by globalised and mobilised markets, it becomes more and more important to create community rich experiences within these centres that cannot be bought online

Explore opportunities to facilitate local flexible working opportunities such as co-working spaces or expanded library areas.

Strategically locate future parcel pick-up stations and other digital transactions facilities within activity centres that encourage community interaction

Strengthen the heart of the community

Foster ‘bottom-up’ change through a focus on place-making.

Ensure key community needs are provided in each centre (such as banks, post office, grocers, butchers and bakers). (Please remember that council has no control over banks, post offices, nor private retail!!!)

Housing capacity and building scale can be separated from activity centre hierarchy by clearly identifying housing typologies that can accommodate growth in strategic locations that respond to their immediate context and neighbourhood character, and also reduce impacts on amenity.

We also have succinct vision statements for each centre that belong to the world of Forrest Gump or the Wizard of Oz, rather than a local government strategic document. Here is the ‘summary’

We acknowledge that Plan Melbourne has foisted some conditions onto council – ie Caulfield Junction as a Major Activity Centre, plus Moorabbin, etc. However, this does not excuse the production of a document that is full of meaningless waffle and motherhood statements, plus similar promises to what has been made and not been acted upon in the past 15 years! It is surely time that council comes clean and informs its residents in a straight forward and honest manner exactly what it proposes! We would also welcome a submission period of longer than the 3 weeks indicated.

Finally, by way of contrast, we have to again bemoan the fact why  other councils can do things so much better and with so much more clarity, and dare way say, honesty! Here are a couple of Activity Centre Strategies from other councils. Please compare and contrast!

STONNINGTON – UPLOADED HERE

MORELAND – UPLOADED HERE

Finally some potential action on flooding and the Elster Creek catchment area! But what is so disappointing is that residents have to find out about this initiative not from their own council, but from the agenda items of Port Phillip! Given that the first meeting occurred in March, that surely provided enough time for some Glen Eira Council comment, or even a media release. Instead there has been silence.

This will also have major significance for Glen Eira which is ‘home’ to about 70% of the Elster Creek catchment – and that includes the upcoming Virginia Estate development. How much this will all cost the individual councils remains to be seen. But wouldn’t it make a great change for once if residents were informed as to what was happening and the likely costs – instead of being always kept in the dark like mushrooms!

We’ve uploaded the full Port Phillip officer report HERE

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 –

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