GE Open Space


There are 3 agenda items down for decision this coming Tuesday which should set alarm bells ringing for residents. In this first post we concentrate on Item 9.3 – Council’s ‘position’ on the Ormond Railway development site.

What is absolutely staggering about this report and its recommendation is that councillors ENDORSE A MANDATORY HEIGHT LIMIT OF 8 STOREYS!

This is staggering for the simple reason that it exceeds the proposed heights of 7 storeys in Carnegie and 5 storeys in Bentleigh that were nominated in the proposed Amendments for these activity centres. Thus we now have the ludicrous situation where a so called ‘neighbourhood centre’ with less shopping areas and surrounded by residential development is okay for 8 storeys and Carnegie and Bentleigh are deemed suitable for lesser height. Unbelievable shonky planning !

What makes matters even worse is that this recommendation by the ‘experts’ is not even in the public domain. Hence we have the situation where residents are denied access to the rationale which would support a recommendation of 8 storeys. So much for transparency and accountability!

Further, we are told in the officer report  that: In order to form the strongest position possible, City Futures (ie Council) have sought an evidence-based approach to inform Council’s position for a preferred maximum building height. And what is this ‘evidence based’ data on? According to the report it consists of the following –

  • Status of centre
  • Precedents
  • Typology
  • Street wall ratio
  • Solar Access
  • Key View lines
  • Transition
  • Connectivity

We posit that none of the above is ‘evidence’ for an 8 storey apartment block. It might as well be 10 or 12 storeys! Nothing here would suggest that the following important issues have been considered – open space, infrastructure, parking/traffic, development in the area, retail business study, etc. etc. If this is the basis upon which such major decisions are being made, then God help us!

Even worse, is that once again there has not been a single round of ‘consultation’ between residents and council on how high anything should be in the municipality! The rhetoric is all about ‘consultation’. Pity that words never seem to match actions and decisions!

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The following image was published in today’s Caulfield Leader. For the other side of the story representing residents’ point of view, please see: http://www.heraldsun.com.au/leader/inner-south/caulfield-south-residents-up-in-arms-over-calvary-health-care-bethlehems-plans-for-19storey-agedcare-and-hospital-complex/news-story/602039735243cae64e7ac19c2ae315e9

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PS: Adding insult to injury, a new application for 18 storeys has come in for 9-13 Derby Road, Caulfield East. The proposal is for 158 student units, plus shops and underground parking – and of course adjacent to a Heritage Overlay. This comes on top of the 127 student units in Dudley Street, which remains zoned as Neighbourhood Residential. Such examples are the consequences of negligent planning by council for the past 15 years! However 18 storeys will fit in perfectly with the MRC development of at least 22 storeys near by. Monash, as far as we know, is still planning for around 1200 student accommodation places at Caulfield.

The Australian Bureau of Statistics has released its building approval figures for the current financial year – ie from July 1st to November 30th. The table below mainly highlights the results for the metropolitan area, plus all those municipalities which exceed the number occurring in Glen Eira. Readers should note that:

  • The size of the municipalities which have experienced a greater building boom and the impact this would have on overall density
  • The number of houses compared to units in most of these municipalities
  • Also worth considering is that Moreland has 576 hectares of open space; Moonee Valley has 528 hectares and poor old Glen Eira 172.9 hectares according to the 2014 Open Space Strategy!

Conclusion? Glen Eira continues to be a developers’ paradise and at this rate will become the most dense municipality in the state (outside of Melbourne) and available open space per head of population will continue to shrink.

The complete Excel data sheet is uploaded HERE

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Figures detailing the number of net new dwellings granted permits for the second quarter of the 2016/17 financial year has just been published. Glen Eira continues to quadruple what is stated as required with a yearly average of 2000+ net new dwellings. We remind readers that the 11,000 dwellings required to meet population growth by 2031 will be reached at the latest in 2020 at this rate!

Unfortunately the complete data for Port Phillip, Bayside and Stonnington is not available.  Even if the data were available we remind readers that both Port Phillip and Stonnington are ‘special cases’ in that the former is a major tourist centre and hence it has several ‘capital city’zonings. Stonnington, according to the State of Play Reports has over 10% of its municipality zoned as commercial and development is concentrated in these areas. Glen Eira has a bare 3% of its land zoned as Commercial. In Glen Eira development occurring in the commercial areas is minimal, compared to the damage done in local residential streets zoned as GRZ and RGZ and yes, even NRZ.

Based on these figures alone, there is no reason why the zones cannot be reviewed and the extent of GRZ and RGZ areas reduced. If council is serious about implementing structure plans that take account of resident views, then the borders of the so called ‘activity centres’ and their respective zoning must be the foundation of any such review.

Here is the data and please keep in mind the question of ‘density’ when municipalities such as Monash, Kingston, Manningham, etc are double and triple the size of Glen Eira. What impact does 2000+ new dwellings per annum have on density, infrastructure, open space, traffic and transport on a municipality that is only 38.9sqk in comparison to these other councils?

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PS: Some developer Xmas presents –

23 Koornang Road CARNEGIE – Construction of a fifteen (15) storey building comprising ground floor retail and eighty-six (86) dwellings above basement car parking, reduction in car parking and bicycle requirements and waiver of loading bay requirements

277-279 Centre Road BENTLEIGH -Construction of a nine (9) storey building comprising ground floor retail and seventy-two (72) dwellings above basement car parking on land adjacent to a Road Zone Category 1, Use of the land for accomodation (dwellings) and reduction of statutory car parking requirements

348-352 Centre Road BENTLEIGH -Construction of an eight storey building comprising ground floor retail and thirty (30) dwellings above basement car parking on land adjacent to a road zone category 1 and affected by the special building overlay, use of the land for accomodation (dwellings), reduction of statutory car parking requirements and waiver of loading bay requirements

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The following resolutions come from Yarra City Council’s meeting minutes of November, 2016. They illustrate perfectly what people power can achieve together with a newly elected crop of councillors who are committed to listening and acting on residents’ behalf. Whilst the proposed amendments are only the start and still have to be rubber stamped by the Minister, they are light years ahead of what Glen Eira is doing. For example: would Glen Eira even dream of organising a meeting between residents and the Minister? Would Glen Eira ever demand 3 storey maximum heights in its neighbourhood centres?

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According to Item 9.11 of the current agenda, Council has been offered $350,000 and $25,000 per annum in order to become the Committee of Management for the land at the top of Glen Eira/Booran Roads.  This land featured in the notorious ‘land swap’ between the Government and the Melbourne Racing Club and was to be established as a ‘public park’. Council’s position has been that it will not accept the land because of its poor access, size, lack of adequate ‘surveillance’, etc. The land was returned to the government once council refused.

Now we find:

  • That clearly some secret deal has been made between the Department, the MRC, and council – to the exclusion of the public
  • Council is willing to renege on its previous position for the meagre sum of $350,000 – (far from the true value of the land)

The officer’s report contains these recommendations. That council –

authorises officers to meet with DELWP to negotiate favourable conditions for Council’s use of the land, including clarity on the type of recreation facilities that could be incorporated onto the site

Potential for the site to be rezoned in future for other uses, without a nett reduction in open space across the municipality;

Plus these paragraphs:

This reserve has previously been offered to, and refused by Council, with Council’s previous position on the land swap arrangement being that any land should be of equivalent value and made available for public use. In the original offer to Council, the (then) Department of Sustainability and Environment (DSE) had stipulated that the land had to be utilised as public open space.

The new offer from DELWP still states the condition that the reserve is to be used for public recreation purposes. However, officers understand that the current offer is potentially open for discussion on the restrictions, which enables other options for discussion on use of the land

Even more disconcerting is this paragraph –

A current offer has been made of the land of $350,000 to develop it and approximately $25,000 per annum to use to maintain it. This will be inadequate to deliver a quality open space. However, it will be enough to ensure that Council is notdisadvantaged by taking on the reserve in the short term, and will enable Council to implement some potential low cost temporary uses for the space.

Thus, we have the situation where ‘short term’ expediency trumps long term planning and the carrot of $350,000 is sufficient for council to sell its soul! Plus, we certainly do know that once council implements something, then it is almost impossible to change!

It is obvious that discussions have already occurred and will continue. This does not provide justification for a report that is so vague and so uninformative on an issue which has featured prominently for years and years.

There is a salutary lesson for residents and council in the comparison of the Caulfield Village development process and what is fast approaching for the Virginia Estate project. Residents need to be fully aware of:

  • The impact of rezoning (ie Caulfield Village rezoned to Priority Development Zone, and Virginia Estate now mooted rezoning to MUZ and/or Commercial 1)
  • Council acceptance of an Incorporated Plan for Caulfield Village and the potential acceptance of a ‘Management Plan’ for Virginia Estate – both of which will allegedly provide the ‘conceptual framework’ for development but without real detail. No objection rights for residents – decision is made by council.
  • Development Plans (ie the details) which then follow for each precinct but which only have to be ‘generally in accordance’ with the Incorporated/Management Plan. These Development Plans can be amended time and time again, and have been for the Caulfield Village.

Readers will remember that the Precinct 2 application (just under another 400 dwellings) for the Caulfield Village was refused at ‘manager’ level by Council without Council displaying this until after the fact. The developer immediately went to VCAT, where the decision has now been handed down. Once again, the developer has basically won, and all previous promises (ie real social housing element, ‘housing diversity’ has gone).

The ‘problem’ with this entire process is that the Schedule for the Caulfield Village which Council accepted and which provides all the ‘musts’ is so vague, and basically useless,  that the developer has all the cards stacked to his advantage. Fundamentally,  council’s requirements were inadequate and our fear is that unless some real lessons are learnt the same will occur at Virginia Estate. For example, the Caulfield Village history is:

  • No on-site visitor parking required (at this stage 2063 dwellings – originally mooted at 1100 in the Incorporated Plan). Precinct 2 now has 45 on site car parking spots but this is dependent on the ‘largesse’ of the developer and not on council’s Schedule.
  • Amendment after amendment that allows balconies to encroach on setbacks
  • No definitive statements on social housing except this useless sentence in the Schedule – The provision of affordable housing in the form of social housing. No definitive statement on how many ‘social housing’ units, or how this is to be managed. Readers will remember that council wrung its hands in dismay when Precinct 1 was allowed without any social housing and the arguments of Hyams et al were that future precincts would meet this requirement. So much for promises!
  • No definitive statements on ‘housing diversity’ – thus Precinct 1 has over 40% as one bedroom dwellings and Precinct 2 will likely have 2.2% of three bedroom apartments according to the plans.

For the full VCAT decision, please see: http://www.austlii.edu.au/au/cases/vic/VCAT/2016/1965.html

As we’ve said above, unless the lessons from Caulfield Village are learnt, and learnt properly, then we fully expect that the Virginia Estate project will follow in the same manner . It is the job of this new council to ensure that every single potential gap in any Management Plan and accompanying Schedule is spelt out so that the developer has as little wriggle room as possible. If this is not done, then we can rest assured that the eventual Management Plan will not be worth the paper it is written on and the entire project will duplicate the abysmal planning that occurred and is still occurring with the Caulfield Village!

Development will happen at Virginia Park. That is inevitable. What matters is:

  • How much development is ‘necessary’ or even ‘appropriate’ for this site? 1000, 2000, 4000 or 5000 apartments?
  • What will this development look like?
  • What short and long term benefits will accrue to the community as a result?

The answers to these questions are currently unknown. What is known, is that housing brings in the money for developers and that rezoning of the land is the first step in the process. Once rezoned it is the fine print of the so called Development Plan that will reveal much of what the future might look like. Thus it becomes even more imperative that Council insists that the eventual Master Plan is more than a glossy salesman’s promotion – which it currently is!

At this stage we can only go on the published documentation and there is much to be concerned with here given the absence of specific detail and the plethora of motherhood statements.

We address some of the core issues below.

How many apartments are planned?

The developers neatly side-step this concern with this catch all statement – Final densities and dwelling numbers cannot be determined at this point as they are dependent on a number of factors such as potential heights, scale and uses on which feedback is sought as part of this consultation phase.

The intended message is that resident input will have a decided effect on the outcomes – such as ‘dwelling numbers’. That remains to be seen of course, but we are indeed skeptical. Heights for close to half of the site are already set by the existing Schedule to Amendment C75 gazetted in 2011. Plus, when it was envisaged that a 12.5 hectare site could accommodate up to 4000 apartments, it is extremely difficult to believe that a site double this size will not attempt to accommodate more!

The final number of apartments will also be determined by how many are single bedroom, double bedroom or how many are 3 bedroom apartments suitable for families. When the issue of ‘housing diversity’ is reduced to the following, as the documentation repeatedly emphasises, then this is potentially another cause for concern – ie Feedback from earlier consultation on the development of a 20 year masterplan for the precinct asked for consideration of smaller dwelling options, affordable housing and aged care and retirement options.

Housing diversity is much, much more than ‘smaller dwelling options’ or even the inclusion of aged care and affordable housing. The ‘offer’ of ‘up to 5% of total dwellings’ as ‘affordable housing’ palls when we consider the Yarra Council’s Schedule to the Alphington Paper Mill development  (16.5 hectares – 2500 units) and the imposition of an ‘unconditional’ 5% affordable housing component.  

It is therefore imperative that Councillors insist on unequivocal terms and definitions, once the final Master Plan is submitted.

Population Growth In Glen Eira

The various published documents emphasise how Glen Eira’s population is projected to grow by 2031 and the number of apartments that are required to meet this housing need. We’re told that population will increase by a third and that another 7,474 new dwellings are therefore essential – and that is throughout all of Glen Eira, not just East Bentleigh!

What the Gillon conglomerate does not tell residents is:

  • That there are already another 1500+ apartments in the pipeline due to the Caulfield Village development and these will all be completed by 2031.
  • According to Planning Permit Victorian figures for the first quarter of 2016/17 another 448 net new dwellings have been granted permits.
  • According to the ABS data on building permits for the current financial year, we can add another 420
  • On the cards is also major development projects at Rippon Lea, Ormond rail station and probably McKinnon and Bentleigh stations as well. Ormond is purported to house another 200 apartments. No information has been released for McKinnon and Bentleigh, but we can’t imagine that these stations will be left untouched. Then of course there is the recent sale of the Daily Planet and 2 surrounding properties where the developer promised ‘bay views’ to his prospective buyers.

Thus we have the situation where we already know for certain that out of the ‘required’ 7474 new dwellings, Glen Eira already has at least 2600 accounted for. This of course does not take into account the flurry of applications already in for the RGZ and GRZ areas of the municipality and those applications which will still come in. Even discounting all these latter scenarios, all Glen Eira has to achieve is another 4800 new dwellings over the next 15 years to meet its unofficial ‘quota’. Thus, there is absolutely no need for Gillon to use the excuse of a housing shortfall in order to condone the potential  (over)development at Virginia Estate. And certainly not the questionable and debated target of 4000+ that was in the first attempt at rezoning.

And all of the above ignores the major problems of traffic, parking, infrastructure, commercial viability of Centre Road shopping strip, residential amenity of neighbours, open space, walkability, transport options, blah, blah, blah. Each and every one of these concerns must be addressed – and not by motherhood statements, or vague promises. The onus is on council to do its own research and to insist that every single ‘I’ is dotted and every single ‘t’ is crossed and that clear, rational justification is provided to residents for the subsequent decision making.

This is the first of our posts on the draft Master Plan for the development of the Virginia Estate. For this post we have simply picked out some ‘howlers’ that have made their way into the draft. A far deeper analysis will follow in the coming days.

Whilst we acknowledge that legally the developers have only to abide by the constraints of the Amendment passed in 2011 (ie C75) which constitutes the equivalent of an Incorporated Plan designed to set out some broad parameters rather than detail, the Gillon group could have, and should have, done a lot more with this draft to allay resident fears.

In a 24 page document we find:

  • Unfounded claims and statistics
  • A watering down of previous commitments on open space
  • A reliance on developer protocols on ESD, and
  • Half of the document is nothing more than a regurgitation of past documents and actions/events

UNFOUNDED CLAIMS AND STATISTICS

Several of the published documents make a big deal of our ageing population and the need for increased aged care. We take no issue with this. What we do object to is the deliberate obfuscation of the facts. Lumping together Glen Eira, Stonnington, Bayside, Monash and Kingston into an analysis of population without taking into account what aged care developments are happening in these other municipalities, or even acknowledging that Glen Eira residents could find themselves retiring to these other municipalities is, at best disingenuous and at worst deliberately misleading. Page 21 summarises the argument for Glen Eira alone with – “Those aged 65 years and over will make up 21.2% of the total population.”

The Victoria in Future – 2016 prognostications for Glen Eira differ markedly from this claim as evidenced below –

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OPEN SPACE

Originally, the developers were required (and we assume willing) to pay a 5.7% open space levy in cash – according to the minutes of March 17th, 2015. However, since the site has now doubled in size from 12.5 hectares to over 24 hectares, this does represent a huge increase in cash payments. Thus we get a new proposition of 3% cash and 3% in ‘land contribution’.

At a rough estimate, a 3% land contribution should be about a hectare of land. More than enough for wide open spaces within the estate. That is clearly not the aim of the developers. Going on their previous publications we fear that any land contribution will simply consist of concrete pathways and linkages between buildings and the nearby, already existing parks.  We do not envisage a grand open space area of over 1 hectares. Their proposed contribution in all likelihood will be cobbled together bits and pieces sitting between high density towers.

ESD – ENVIRONMENTALLY SUSTAINABLE DESIGN

Much is made of the use of ESD and how this will set a ‘benchmark’ for future development. The only problem with the ‘standard’ suggested is that it is owned, devised and regulated by the development industry itself – ie The Urban Development Industry of Australia. The scheme does not cover individual house construction per se. Instead it is geared towards “residential land development” and the developer’s ‘reward’ for adhering to these ‘standards’ is a ‘leaf icon’ as certification. Further, the developer does not have to abide by all the criteria listed – only one will suffice to get ‘accreditation’. We’ve uploaded a research article which compares the various ESD schemes available (HERE). The proposed one in our view falls well short of the mark in comparison.

It is also amusing to read such nonsense as – The EnviroDevelopment rating exceeds the requirements set by the Glen Eira City Council and the State Government. Anything would ‘exceed’ what council has got given that nothing of substance exists in its planning scheme!

Watch this space for more!

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