GE Open Space


WHY THE DELAY?

Contrary to what Mayor Pilling stated at the Caulfield Village planning conference, namely that council would make its decision on the development plan on April 8th, there is no item set down for decision this coming Tuesday night. What makes this omission even more fascinating is that Schedule 2 of the C60 amendment states – 

The responsible authority must make a decision on the development plan or amendment to the development plan within 60 days after the completion of the display.

The submission/advertising period ended on the 26th of February. The next scheduled council meeting exceeds this 60 day limit – admittedly by only one day. However, given the ‘legalities’ that this council is so keen on, we have to wonder what is really going on. Surely 4 months (at least) to ‘assess’ the submitted plans should be sufficient for our fabulous planning department? Or is there possible dissension in the ranks? Perhaps another conveniently supplied ‘loophole’ for the MRC to ‘negotiate’ to their advantage? All conjecture of course, but given Council’s track record (pun intended) on this issue we have to wonder. Perhaps council might for once furnish residents with an explanation?

RECORDS OF ASSEMBLY

The Records of Assembly make for some more interesting conjecture on the Valuer-General item from the previous two council meetings.

At the 11th March meeting both Hyams and Esakoff declared a conflict of interest. Lipshutz (who was present) DID NOT DECLARE AN INTEREST. Presumably he therefore partook in the discussion.

A week later, on the 18th March meeting on the same item, he apparently changed his mind and did declare a conflict of interest.

OPEN SPACE LEVY

Council is finally making a move after 11 years in hiking up its open space levy to 5.7% across the board by seeking permission to ‘prepare and exhibit’ Amendment C102. Whilst most welcome, and certainly a vast improvement on what the Open Space strategy initially proposed (ie 4 to 5%) we have to note the following:

  • Stonnington, which has the second lowest proportion of open space, is currently seeking an 8% levy and more for its commercial precincts. Glen Eira with the lowest proportion of open space is, in contrast, only seeking a 5.7% levy for all developments – commercial, residential or mixed use.
  • Instead of clapping themselves on the back in relation to the $4m levy achieved from the proposed Caulfield Village we have to wonder why this council settled for so little given that this 5 hectare bit of land is going to be the most densely populated area in the municipality.
  • There are claims of ‘analysis’ in a paper that is mooted to become a ‘reference document’ to the Amendment. That of course has not as yet been made public. Other councils (ie Whitehorse, Bayside) don’t seem to have had any problems in publishing their detailed analysis prior to the actual Amendment process. Even worse is that the officer’s report claims that the objective is to meld the Open Space Strategy with the proposed Amendment when there was absolutely no detailed discussion, nor analysis provided in the now accepted Open Space Strategy.

PS: And for the sheer heck of it we’ve pinched the following (slightly edited) from Abbattoir Facebook.  

fraser

Tomorrow night’s agenda features Item 9.7 – Redan Road proposed ‘restructuring’ and the removal of 11 car parking spots; installation of a bike path, and preference for “landscaped kerbs”. We have been informed of the following:

  • 92% of residents living in the street are NOT in favour of the landscaped kerbs since they argue that the street cannot afford to lose these parking spots. They are not opposed to speed humps, just the removal of invaluable parking spots. This has resulted in two separate petitions to councillors
  • The plan provided to residents is factually incorrect in terms of its measurements according to residents. Council refuses to acknowledge this.
  • Nowhere in the extant Bicycle Strategy is there any mention of the need to install bike paths in Redan St.
  • Countless other streets throughout the municipality also have cars ‘speeding’ and are hence unsafe according to council’s definition. Yet, despite numerous and ongoing resident complaints regarding countless other streets with far higher volumes of traffic, these have remained untouched for years – so why the sudden interest in Redan St?
  • Repeated letters and emails to individual councillors such as Delahunty have not been answered.
  • Pilling appears to be content to sign off on faulty and inaccurate information – raising the question as to the quality of councillors’ decision making when the information they are provided with is highly dubious.

But there’s much, much more involved in this sudden need to change Redan St and we believe it fits in very nicely with the Caulfield Village proposal. The entire emphases of the Development Plan focuses on Caulfield Park as providing the necessary open space. (The Centre of the Racecourse barely rates a mention). Hence Redan St. as access to Caulfield Park becomes vital. More questions then become necessary – ie why ratepayers instead of the MRC/developer should be footing the bill for any works that ‘complement’ the Caulfield Village proposals? We’re already witnessing millions upon millions being spent on drainage in the immediate vicinity. Is this just another ‘expense’ that has been landed in residents’ laps via a fully compliant council?

One must really wonder why council has spent over $100,000 of ratepayer funds on a consultancy that delivers pre-determined outcomes and maintains the status quo in all important areas. The policy contains nothing of import that is new or that will change the course of what this administration and its lackey councillors have rubber stamped for eons and eons. But the most glaring omission relates to the manner in which open space levies are to be used.

We remind readers that on June 25th 2013 council adopted a policy which stated:

Council will only spend Public Open Space contributions it receives after 1 July 2013 to acquire and improve land to serve as additional public open space.1 (including the former Glen Huntly Reservoir)

Council will not spend Public Open Space contributions it receives after 1 July 2013 to improve land which is already public open space.

From June 2013, each Council Budget, Strategic Resource Plan and Annual Report will disclose the revenue and expenditure of public open space contributions.

Suddenly this policy is ignored and morphs into the following:

As described in the Strategy and in this report, the open space contribution program is based around the provision of additional land area for open space and also for capital works cots (sic) to establish new open space and upgrade facilities in existing open space where appropriate to meet the additional needs of the forecast population. 

Use of the Reserve fund

Cash contributions toward land acquisition and open space development should be held in a Reserve fund until a suitable site is located and sufficient funds are available to assist Council with purchase or resulting capital works. Funds will also need to be held for upgrades to existing open space

As for ‘monitoring’ and ‘review’ of this long term strategy, residents should not be holding their breaths that their views will be solicited and carefully considered. It will again be more of the same as is made apparent by this one liner – Internal review the Strategy every 4 years for the duration of its operation.

The following summary was in many respects the ‘highlight’ of the evening. It involved the developer’s representative (Amanda Ring) who did not ‘speak’ but rather read out a prepared statement.

AMANDA RING: introduced herself as a planner with SJB Planning and that she was ‘speaking on behalf of the developer of the land’. Said that the ‘MRC is not the developer of this land’ and that they have ‘effectively sold the land’ to Beck and Probuild so ‘the community is no longer dealing with the MRC’. Went on to say that as the ‘new owners of the land’ Beck and Probuild were looking ‘froward to being part of the community for the next 10 to 15 years’. The aim is ‘to integrate’ a site that is currently ‘grossly underused’ and to develop this land ‘consistent with government policy’. Said that she ‘gathered’ that people don’t support ‘intensification’ of housing in the neighbourhood but the ‘reality’ is that the ‘decision has been made with the approval of amendment C60’. Whilst Beck and Probuild weren’t involved at that stage they now share the hope that the controls set by the Amendment and the incorporated plan will be ‘implemented’ appropriately. Said that they and council would now be ‘working together’ to ensure that the outcomes are of ‘high standard’. Admitted that the neighbourhood would change and that it would become a ‘thriving mixed use centre’. Said that the ‘consortium is committed to keep you up to date with its development activities’. Introduced ‘George’ as the place manager and who would be dealing with all public liaison issues. Went through the basics of what the Development Plan proposes. Then said ‘I’ve noted your point that there has been a change to dwelling numbers’ but that this has been ‘offset’ by reduction in commercial ‘floor space’ because they couldn’t be ‘confident in putting that into a future plan’. Admitted that there ‘has been change to dwelling numbers’ but that the traffic engineering ‘outcome is absolutely minor‘ and as ‘Rocky pointed out‘ if there are other changes then there will have to be another submission plan to council. Went on to say that the consortium ‘to the best of its ability’ is trying to ‘predict’ how the land can ‘feasibly’ be developed.

Said that these plans have taken about 9 months to ‘pull together’ since the C60 ‘sets high standards for building design’ and ‘as of right height and setback controls’. These controls (plus landscaping, etc)of the C60 set the standards so that large projects like this can be undertaken properly. Whilst council hasn’t yet decided anything Camera’s ‘job is to ensure that’ the development plan is ‘generally in accordance’ with the C60 demands. Said that incorporated plans give the ‘parameters’ of the project but ‘not to the extent that every t is crossed and every i is dotted’ – that’s the job of the development plan. They are ‘confident’ that all the issues have been addressed in the documentation and they concede that ‘not everyone is going to be happy with the plan generally’ or even with some aspects of it. Accepted that some people will continue to be ‘unhappy’ especially about the MRC and the ‘land at the north of the course’ but the developers are not the MRC now and both are ‘highly regarded’ for their ‘residential work’. They’re looking forward to council ‘considering’ the plans and work starting ‘later this year’.

Pilling then asked for questions but Ring said she wasn’t ‘planning to take questions this evening’ and was ‘fearful’ that it would end up in a ‘debate which is not going to end anytime soon’. Pilling said he would be happy to facilitate and that people ask questions and not make statements.

Questions then came about about childcare and what they would do with their children, tradesmen and how they would manoeuvre in and out without parking on carriageways.

MAGEE: ‘as soon as my heart stops beating…..from what I’ve just heard’. Asked Ring to ‘explain to us when the Melbourne Racing Club sold the property?’

RING: said she ‘can’t answer but probably about 12 months ago’.

MAGEE: ‘was council aware of that?’ and ‘how much did the MRC get for the land?’ No real response so Magee said ‘so it’s a secret’. Pilling then intervened and basically wanted Magee to stop, saying ‘these are the applicants’. Magee responded by saying that he’s ‘too angry’ to continue with ‘the debate’. Pilling said it wasn’t a debate but about asking ‘courteous questions’ . Magee claimed that he thought it was a fair question and apologised if he offended.

Another member of the audience then asked if it’s already been ‘established’ that the development plan is in ‘accordance’ with the Incorporated pLan.Pilling replied that it’s still to be ‘determined’. They will consider everything and the officer’s report will be available on the Friday before council decides (April 4th)

Another member quoted from the Town Planning Assessment document that wrote about street frontages being ‘articulated by strong vertical elements to reflect the rhythm of neighbouring residential landscape’. Resident asked how this reflects neighbouring residential landscapes that are basically single storey. Said he objects to this development that doesn’t ‘make any attempt to blend’ in with the residential landscape.

RING: said she would ‘like to answer that’. Acknowledged that many people were ‘expressing’ concerns about height and intensity and she ‘understands that’ but people need to be ‘mindful’ of the fact that ‘strategic decisions how this land will be developed’ (ie height and intensity) ‘were made a long time ago’.’The decision has been made’. Even though people might think they got ‘short shrift’, ‘the reality is the Minister has approved a planning control’ that will mean major change and high rise buildings. Resident interjected and said that she isn’t answering the question. Ring responded by saying ‘I believe I have’. ‘As a result of strategic decisions to develop this land’, the end result will be ‘typological variation from single dwellings’. The resident again insisted that his question hasn’t been answered. Pilling intervened saying that ‘Amanda has’. Resident went on to say that he doesn’t ‘care about strategic planning’ but wants an answer to how a ‘6 storey building blends into a landscape of one and two storey’ buildings. ‘It’s language, it’s rubbish’. Another resident said that if these planners have ‘written those words they should be able to explain them’.

Another resident asked for the number of on street car parking spaces are available within the site. 164 are ‘being removed’  but there are no figures for numbers of on street car parking. A mumbled answer from planners that they haven’t got the figures. Another resident asked ‘you haven’t got them now, or you haven’t got them full stop?’

Cheryl Forge then said as a former Trustee the land sale had never been discussed up until 2012 and she wanted to ask the current trustees if and when  they knew about the land sale.

HYAMS: said that the ‘land in question’ isn’t under the Trust so it didn’t come up and he’s only been a trustee since April 2013 so wouldn’t know what happened before. Said that everyone knew that there had been a partnership between Beck & Probuild and the MRC but that he wasn’t aware of the ‘exact details’. Questions then arose from audience as to whether this was sold or a ‘partnership’. Answers were that this was ‘commercial in confidence’. Hyams then said that the Trust governs crown land and this was ‘land owned by the MRC’ and ‘none of the land comes under the jurisdiction of the Trust’.

FORGE: noted that 8 members of the Trust are also members of the MRC.

HYAMS: repeated that ‘it doesn’t come under land governed by the trust’.

There were several more questions about car parking and renting of car parking. One resident wanted to know if Council was going to do something about the MRC using the centre for car parking more than 5 times a year and whether council was going to charge them for this since it was ‘land that belongs to us’. More questions started coming up and Pilling then wanted to close the meeting, claiming that ‘we’ve all had a good say’. People disagreed and wanted to continue but Pilling closed the meeting.

SPEAKER 11: worried about traffic and parking and what happens on event days like the Caravan and Camping show. Didn’t think that the traffic studies gave ‘due attention’ to these problems. Raised a possible legal issue about staging and said that councillors should be worried about letting stage 1 happen before the Smith St precinct and was worried if council could be sued in the future for its bad decisions in that buyers of stage one might find themselves overshadowed by what ultimately happens with the towers of the Smith Street area. Wanted developers to put this section up first or both together to avoid future ‘legal liabilities’.

SPEAKER 12: also worried about parking on major event days and thought there was a ‘miscalculation’ since the report didn’t include the Guineas and Kambrook Road car parks that are not available when big events like the Caravan and Camping shows are on.  Spoke about the environmental aspects and the ‘benchmarks’ that were in the development plan. Said that the sustainable design elements such as the STEPS guidelines are ‘minimal’ and have been around for some time. Didn’t think that ‘this meets the standards that we should be setting for this development’. The development will be finished in 2017 and the current standards will then be well out of date. So even if criteria are met now, they won’t be met for the criteria that will be in in 2017. Asked if the standards set can be ‘rectified’ in future development plans and ‘set higher’. Pilling responded that this depends on what the State Government ‘does in the future’. Camera then added that if things change ‘in the future’ then ‘there might be a need’ for the developers to also change but all they have to do is meet the current standards. The Speaker then asked if state amendments are needed first off. Camera replied ‘yes’ and that the building code would have to include these new standards. The speaker also asked about Water Sensitive Design Standards that other council have been introducing. Pilling again responded that it’s a state matter.

SPEAKER 13: queried the 5 days centre of the racecourse parking since ‘it’s far more than 5’. 3 of the 5 ‘would have to be this weekend’ with the Caravan & Camping show. The car parking analysis ‘rested on the heroic assumption’ that the MRC car parks ‘satisfy the total demand for cars’ but residents would say something different because ‘there are hundreds of cars parked’ in ‘restriction free residential areas’. Queen’s Avenue residents are ‘hit’ with race days and Monash Uni development and there will be ‘major traffic congestion problems’. Wanted council to be ‘proactive’ and make streets 1 hour parking on race and major event days. Said the racecourse was a ‘parking lot’ and that’s ‘what it’s there for, that’s what it’s become’. Wanted council to ‘draw a line in the sand’. The MRC ‘got what they wanted’ with the C60 so now council shouldn’t ‘go for any compromises’ because residents will be the ones to bear the ‘enrionmental and social costs’.

SPEAKER 14: wasn’t sure how 8 stages would proceed and queried whether ‘sewerage and water’ can be done bit by bit or ‘the whole area before it starts’.

SPEAKER 15: attended the panel hearing and ‘we gave the MRC far too much then’. Pilling then interrupted and said ‘we’re not talking about the past’. Speaker said that after spending days listening to the panel that the ‘documents meant something’ but now ‘it’s all changed’ and the ‘scales’ have grown. Asked that if the development is ‘self sufficient why are they robbing street car parks’. Spoke about the importance of open space for ‘human needs’ and the ‘con’ about the open space levies is evidenced tonight ‘sitting’ in the pavilion because ‘this is how open space’ is viewed (ie as a building) and car parks. Council has lost any idea of ‘what open space means’ and that the levy isn’t what open space is about.

SPEAKER 16: said that the developer had ‘no rights at all to the Guineas car park’ and the centre of the racecourse. ‘That is crown land and they cannot use that for private parking’. Council ‘must take a stand’ on this.

SPEAKER 17: worried about lack of open space and that ‘at least one’ of the building shouldn’t ‘be allowed’. Also racecourse ‘access’ is ‘only in daylight hours’. Said that during the ministerial enquiry the car parking couldn’t be talked about becuase it was ‘obvious’ that everyone assumed that the centre of the racecourse ‘would be made available’.

SPEAKER 18: was ‘right next to Building B’. Asked why if the incorporated plan said that this was a ‘typical 3 storey building’ and now it’s ‘four storey’ so there will be a ‘huge amount’ of extra ‘windows overlooking me’. Said that speaking to council and asking about overlooking the response was that ‘balconies would have to be 1.7 metres’ and windows frosted glass, ‘but in the plans I see nothing like that’. In the plans there is a drawing of a ‘huge tree’ there to ‘shield my property’ but that’s in 20 years and the area ‘is narrow’ so ‘they are never going to be that big’. Asked if it’s ‘right’ that the balconies would be 1.7 metres. Pilling then said that this would be what’s ‘considered’ by Camera in his ‘recommendations’ to council. Council ‘don’t just accept’ but they can make ‘modifications’. Pilling went on to say there had been ‘some changes’ from the Incorporated Plan but it would need to be ‘evaluated’ whether these were still ‘generally in accordance’. Speaker then said that 6 apartments ‘have a secondary entrance onto the lane’ and therefore people will be using this for ‘walking up and down’ so it becomes ‘a roadway’.

SPEAKER 19: couldn’t understand why townhouses weren’t extended along all of Kambrook Road so 2 storey would front an area that is ‘predominantly single storey’. So what is there now is some townhouses and then the developers have ‘simply chucked a 1970’s style 4 storey block of flats’ behind these townhouses. Said this showed that all developers want is ‘more money’ instead of thinking about ‘impact on the environment’ and streetscape. Spoke about a VCAT decision for 2-4 Station Street where the decision said that 5 visitor car parking places had to be provided for 54 units. That means that for the Caulfield Village site there would need to be at least 45 on site spots and ‘478 spots isn’t going to cut it’. Said that if only 15% of units have visitors that means 64 car parking spots ‘are gone’ and these will go into residential streets. Said there were many ‘false assumptions’ such as parking on Station Street which will become a ‘feeder lane’ into Bond St. Some of the plans show Bond St. as ‘open, but it is going to be cut off at Heywood St.’ so car parks in Bond St. will be gone. Said that for all the wonderful talk about access to transport there was nothing in the plans about pedestrian access to the racecourse. ‘You just can’t get to it from the village development’. There’s ‘lack of detail’ about waste collection and the plans state a 2.1 metre minimum height for the basement car park. Problem is that the plans say ‘they need a minimum of 2.2’ clearance so ‘someone’s got the maths wrong’. As for the traffic analysis it was ‘conveniently terminated’ at Kambrook Road and didn’t look at the impact on surrounding streets on such days when caravan and camping shows are on. Said that the statistics are ‘irrelevant’ and that a ‘lot more care and consideration’ is necessary. Wanted a kilometre diameter around the development to be timed parking.

SPEAKER 20: concerned about amenity and that the Incorporated Plan had very little to say about ‘amenity standards’. So it becomes difficult to ‘assess’ any application against ‘standards which haven’t been specified’. Wanted council when it’s dealing with such big developments to ‘make clear upfront what their minimum amenity standards are’. ‘In this development there are none, or very few’. Asked if a balcony went out over the setbacks in the Incorporated Plan, whether ‘a permit would be required’. Was confirmed by Camera. Said that putting 5 or 6 storeys next to a ‘street edge isn’t satisfactory’ and that council can ‘refuse’ the plan and ‘argue for increased setbacks’.

SPEAKER 21: ‘was horrified’ to learn that ‘open space can be traded off for money’. Said that 63 perimeter trees would be lost and that this was ‘completely unnecessary’. Might look good on paper but it’s a ‘waste of perfectly serviceable trees’ that have existed for over 30 years so ‘for the sake of a few metres and a few more dollars’ these trees will be removed. Also huge trees inside the development that would be perfect to have surrounded with open space. Wanted to ‘keep the existing trees that are serviceable’.

PS: We’ve received several emails and photos from residents living near the proposed Caulfield Village (see below). The issues they raise are significant and also have implications especially for all Housing Diversity Areas within Glen Eira. The first photo depicts a notice placed on a rubbish bin outside a block of flats several weeks ago. A car was parked along the kerb. The result is that an entire block of flats did not have their rubbish removed for two weeks. Secondly, why should residents be held responsible for drivers who park in their streets? Residents aren’t police who can tell drivers where to park. Thirdly, is it beyond reason that the driver of this garbage truck could have jumped down and moved the bins so that they could be emptied? After all, putting a cross on a notice and taping it carefully to the bin has already meant that the driver had to exit his truck and spend time on doing the ‘bureaucratic’ nonsense that this illustrates. What could also be asked is whether being forced to keep household rubbish in a plastic bin over the hottest part of the year does in any way constitute a health risk? Given the number of multi-unit dwellings and the number of cars, then this is a problem that Council needs to sort out immediately.

bin

The other problem is the old perennial one of Road Closures on Major Events Days. As per usual the organisers have stuffed up and as per usual Council will presumably do nothing. A notice went out to residents that surrounding streets would be blocked off on the 8th March. Well, someone decided differently and local streets were blocked from early on today – that is the 6th March. Who makes these decisions, and how they accord with any parking management plan, has yet to be fully explained. Nor does the specific role that council plays in these continual stuff-ups! The following photo was taken early this morning.

roadblock

SPEAKER 7: was concerned about the impact of the development on open space and the pressure put on Caulfield Park which is already ‘over used’. Said that no consideration had been given to the impacts and the necessary facilites required to cater for all this increase in population and parking needs.  Playgrounds are already overcrowded and is ‘on the doorstep of the depot’. Council should remove the depot or making it a lot smaller so open space is increased for the playground. Another problem is safe access since the park is on ‘major roads’ with much traffic and accidents have already happened and the issue of safety and increased use has to be taken into account.

SPEAKER 8: Quoted from the Phoenix precinct policy which talked about the provision of large street trees in ‘Bond, Heywood and Station Street’.  Said that the development plans make it hard to see how any large trees can be grown. Camera said that the Phoenix policy is still in place but that the Priority Development Zone would ‘take precedent’ over the Phoenix Policy. Speaker then asked whether this means that the Glen Eira ‘Planning scheme is completely irrelevant?’ Answer was ‘yes – the objective is there’. At this point Ron Torres spoke up saying that the planning scheme is ‘a consideration’ but that there is a detailed ‘landscape plan’ that shows all suggested plantings and that council would have to ‘determine’ and consider if this is ‘satisfactory’ and for people to make their comments as to whether they ‘agree’. Speaker then said that the issue isn’t about ‘agreement’ but ‘what the policy states’ and the policy talks about how there will be ‘canopy trees’ and how this is possible given the plans. The speaker’s next point was about car parking and that the development plan talks about parking in the centre of the racecourse and that instead of just the 5 racing days that the centre can be used ‘for the other 360 days as well’. Wanted to know is this ‘was possible’. Pilling said that this was a ‘separate matter’ between the MRC and council. ‘we’re here to discuss this application’. Speaker insisted that ‘we are discussing the application’ because the policy states there will be parking and that this ‘violates’ the agreement and the policy. Pilling again said that the question had been answered. The speaker’s third point was about ‘adverse affect’ on neighbouring areas and ‘what steps council’ has taken to ‘minimise this’.

The speaker then wanted to raise another point and Pilling attempted to move on. Speaker insisted that he and other people had spent a lot of time studying and preparing their questions and he was going to complete his questions. Pilling then repeated that he was ‘chair’ and that 3 questions are enough and others want to ask questions so ‘have to move on’. The speaker asked audience if others object to him asking questions – a loud chorus of ‘no’.

SPEAKER 9 – began by saying that Pilling was a ‘very poor chairman’ and that a new ‘facilitator’ was needed. Speaker asked about the Student Housing Policy and that the Phoenix area was the ‘number one priority for student housing’ but the Incorporated plan says that the residential precinct won’t be student housing and neither will the other precincts and this Incorporated Plan is supposed to be the ‘blueprint’. ‘Are these houses student housing by another name?’ and is this the reason why the plans have ‘so many one bedroom places’? Wanted to know the link between ‘policy and the incorporated plan’. Pilling said that the question has been answered about the Phoenix policy. Speaker said that it hasn’t been answered because the question related to the Student Housing Policy. Torres then said that the ‘student housing policy is alive and well’ and that the Incorporated Plan ‘doesn’t ban student housing’ but ensures that it ‘will require’ a planning permit application which means third party objection rights. Speaker then said ‘so that is NOT student housing’ and when ‘we see students going in there’ it still isn’t student housing? Torres then stated that ‘I have students living in my house but it is not student housing’. (Laughter from audience) Speaker then said that in 10 to 15 years none of the councillors would still be there so wanted to know ‘what kind of certainty’ residents have that things will be ‘as it stands’ in the plan. Even now numbers of residences have gone up and commercial areas have ‘gone down’ so for the next development plan will the MRC just decide that ‘what we need is major retail’. Suggested that because of the ‘deviation’ council should be ‘shelving (the plan) completely’.

Asked what the plans are for the Eskdale/Station street intersection and if the traffic signals will ‘include’ Eskdale road. The plan talks about ‘signalising’ but no detail ‘on how’. Also wanted to know how 1400 displaced car parking places will be accommodated. Also quoted from the plan that if the ‘smaller events’ at the racecourse get bigger then they can also park in the centre of the course. ‘Has everyone forgotten that the centre of the racecourse is meant to be for recreation’? The ‘obvious thing is to open up the racecourse for recreation’ and not car parking. Thought that there were lots of issues that the council needed to get its head around especially trees and how to protect them. Invited officers and councillors to go and see Station Street and the fact that 10 years ago it was promised to be a boulevard of elms and that they should go down and look at this street now and see how well the promise has eventuated. Speaker said that 55 trees are to be removed from ‘within the site’ and more along streets. The plan has got ‘whimsical dots’ for the supposed new trees but speaker ‘will be dead and buried’ before these new trees reach any height. (applause).

SPEAKER 10 – Quoted the MRC CEO from 2012 saying that ‘one of the precincts’ would include a ‘new entrance to the racecourse’. Speaker said that right through the C60 the MRC ‘promoted’ the racecourse as open space and whether there’s going to be a new entrance. Pilling said ‘the racecourse and access is a separate issue’. Speaker claimed that ‘the MRC don’t think it is a separate issue’. Pilling again said it’s a separate issue. Speaker reiterated that for years access has been part of the MRC promotions.

The Caulfield Village Planning Conference was held last night with a very good turnout of articulate residents who quite forcibly put forward their views on the development plan. Of councillors, only Lipshutz and Esakoff were non attendees. What follows is a summary of the evening.

Pilling began the evening by introducing the planners (Rocky Camera and Ron Torres) who would be explaining the plan and answering questions. Went over the ‘procedures’ for the meeting and said that there would be a rep from the applicants who would ‘speak’ and ‘also possibly’ answer some of the ‘queries you’ve raised’.  Wanted to confirm that no decision had been made and that the evening was ‘purely about explanation’ and ‘clarification’ and giving people the ‘opportunity to ask questions’. Admitted that there was a lot of ‘history’ involved but that this wasn’t why everyone was present.

Rocky Camera, using overheads  explained the application and pointed out that there would be 8 stages of which the current one represented three stages. Stated that buildling heights for this precinct ranged from 2 to 6 storeys and all were within the preferred heights of the incorporated plan. Went through all the ‘internal’ referrals to other Glen Eira departments such as traffic, landscaping, etc and that they were waiting for feedback which would be ‘available’ in the council report. Said that council had received 26 submissions and that some the ‘key concerns’ were: neighbourhood character, amenity, car parking and congestion, trees, lack of open space, infrastructure and inconsistency between the incorporated and development plan. Camera then listed 3 main issues as he saw them –  accordance with the incorporated plan, car parking and ‘design elements’ as well as internal amenity. Pilling then asked for an overview of the C60 and the incorporated plan. The audience was then told of the approval of C60 which resulted in rezoning into a Priority Development zone and approval of the incorporated mixed use plan. Said that the latter was a ‘blueprint’ for future development and that it includes building heights, setbacks and this lead to the Development Plan which has ‘finite detail’. The project could take 15 years to finish.

Pilling asked that appeal rights be explained as well. The officer then explained the impact of Amendment c111 and the ‘minor impacts’ that this allowed like balcony intrusions and ‘no appeal rights’ since this wasn’t a ‘typical application’ but if there is a difference then it would go to the normal planning application process. Pilling then asked people to give their names and addresses before they spoke.

SPEAKER 1 – talked about the need for recreation facilities and ‘recreational support’ and that ‘increased volume’ of people means increased support for ‘community based clubs’.

SPEAKER 2 – from Queen’s avenue. Density and scope had greatly increased. Was also worried about ‘lack of public space’ and car parking. Said that ‘most of the car parks’ were currently being used at the racecourse for the Caravan and Camping show so there’s ‘very little car parking’. Didn’t think that the Monash plans had ‘been taken into consideration’. ‘It’s all smoke and mirrors as far as I’m concerned’.

SPEAKER 3: was concerned that only some of the development plan documents concerned the entire 3 precincts but the discussion was being focussed only on the one precinct and the published Incorporated Plan is incorrect. Asked whether council was going to approve plans that ‘relate to the whole of the development’ without details of these other precincts. The officer replied that the developer has to submit plans for the ‘overall project’ so council would be approving all the other documents. The speaker then stated that if the developer changes their mind about the amount of commercial space, there’s the situation that the car parking plan is then ‘set in concrete’. Planner stated that ‘that would need to be amended’ if there were changes and these amended plans would have to ‘show those changed details’. Residents would be able to ‘comment’ on these changes. Speaker than asked about the ‘validity’ of the discussion since the Incorporated Plan doesn’t include building height. ‘Why are we comparing (the development plan) to a document that council knows is incorrect’? Camera replied that this was about the Smith St precinct and it was ‘an error made by State Government’ and that this is currently being ‘rectified’ but in the mixed use precinct the height control ‘is correct’. Speaker said again that residents are being asked to compare the plan which isn’t correct and that there should be an expectation that residents are given the ‘correct information’.

SPEAKER 4: said that he’s heard what the ‘developer is doing but what is council doing in relation to’ traffic management. Pilling then answered that there’s no decision as yet and the application is being considered. Speaker said again that this answer only tells him how council is dealing with the developer and not what they are doing off their own bat especially in relation to the areas outside the site. The officer then spoke about the Section 173 Agreement which requires the MRC to put in ‘some key infrastructure’ projects about traffic management such as the ‘creation of a new road’ and making it safe for pedestrians around the railway station. Went on to list all the requirements of the Section 173 Agreement. The speaker then asked again what council itself is doing about the limited car parking in areas surrounding the site. Officer responded that the ‘car parking rates’ are now ‘set’ as a result of the C60 and it was the ‘Minister for Planning’ who ‘set those rates’. Said these are ‘ResCode rates’ (ie 1 car space for 1 and 2 bedroom places, etc.). Speaker again said that the answer was all about the specific site and that ‘I am asking’ about the surrounding areas and what council has done about ‘trying to accommodate the overflow’. Camera again said that the developers have put in their Development Plan a submission about what ‘happens to displaced car parking’ and council has to decide whether ‘we are satisfied’ with the proposals. Speaker then said that from what he’d read Newington was named as a ‘low priority’ street and disagreed very much with this labelling. Said he didn’t know when this study was done nor by whom and when the cars were counted but it was wrong. Since Eskdale Rd now has 2 hour parking along one side of the street it is now Newington which is receiving the ‘overflow’. Camera again said that council has to decide whether they will be ‘satisfied’ and advised the resident to look at the displaced car parking figures.

SPEAKER 5: in regards to the agreement with the MRC on centre of the racecourse parking, there was originally only to be 5 such days. Said that this appears to have ‘gone by the by” and requested confirmation whether the agreement still stands. Pilling said that the agreement ‘is still in place but that is a separate’ issue to the development plan. Speaker then said that parking is an issue and race days make this even more significant. Pilling restated that the agreement stands but has little to do with the application. Several audience members disgreed claiming that they are ‘interlinked’.

SPEAKER 6: asked what is the precise amount of open space and how many apartments were not going to receive natural light. Camera said that the Guidelines for High Density development cover open space and that ‘unlike ResCode that doesn’t give you a broad figure’. Said that for apartments ResCode recommends 8 square metres so ‘there’s no figure’ for council to ‘assess against’. Said that council would look at this and they might specify a figure for the apartments. Speaker then asked about the ‘public open space’ and not ‘the private’. Camera then said that ‘there is a provision for public open space’ and that this is through a ‘contribution’ (ie the 5 and 4 percent open space levy). Speaker then stated that the question hasn’t been answered in that the question referred to ‘exact acreage’ of public open space and not about money to be collected. Said that ‘here’s a plan where nobody knows the amount of public open space’ and that it was ‘incongruous’ that councillors would be ‘deciding on something’ when they can’t answer such basic and specific questions. Camera then replied that about access to sunlight ‘we don’t have a figure right now’ because they are ‘still going through the plans’. Conceeded that some apartments don’t have sunlight and that this was raised with developers via a council letter. This would form part of planners recommendations to council.

Ratepayers had better prepare themselves for humungous legal costs, on top of what has already been forked out, if our assumptions are correct.  Today’s agenda features the monthly ‘financial report’. Unlike previous versions, the notation about ‘mediation’ with Hansen Yuncken set down for 14th February is no longer present. Add to this the in camera  item about ‘legal advice’ and the GESAC construction contract, and we would bet our socks that mediation has failed and that we’re now all heading for a major court case. Lawyers are laughing their heads off at their windfall no doubt.

When this is seen in conjunction with the Duncan Mackinnon Maxstra contract and the mega bucks already spent on pursuing Penhalluriack, then real questions need to be asked about the way that this administration does business.

On wastage of public monies, it looks like there could be a repeat of the ‘try, try again’ farce that has occurred with the Caulfield Park conservatory. Readers will remember the three time attempt at public consultation over cafes in the park versus restoration. Now the Booran Road Reservoir is up for the same treatment judging by this little sentence buried in the Records of Assembly –

Former Glen Huntly Reservoir – Councillors asked that a second option involving passive and active use and not just passive use be prepared for public consultation

We simply ask: how much did the original ‘concept plans’ cost? How much did the ‘consultation cost’? And why can’t this council accept the over-riding public response that the vast majority of residents opted for PASSIVE space?

There’s also the tacit admission of a major planning stuff up due to the ungodly haste in ramming through as quickly as possible the Residential Zones. One application asks for a 4 storey development for a school – in other words coming under the ‘non-residential uses in residential areas’. The officer’s comments are illuminating –

A height of 13.9m is proposed with a 2.1m plant/lift overrun screening above. The school is located within the General Residential Zone Schedule 2 where a 10.5m height limit is imposed to residential buildings and dwellings only. As the proposal is non-residential, this height limit does not apply. Council recently agreed to review the Non-Residential Uses in Residential Zones Policy such that the height applicable to residential uses carries across to non-residential uses. This revised policy intention has no status at this time.

Last but not least, we have the full text of the Lipshutz Right of Reply. Such a pity that on other countless issues, the voices of residents remain muted, unacknowledged, and ignored!

Shortly prior to Christmas last year I saw a flyer from the Friends of Caulfield Park which described the Council contractors removing trees from Caulfield Park as “storm troopers”. I full well appreciate the passion some have in relation to Park and the issue of Council’s actions but the term “storm troopers” went beyond the pale.

Melbourne is the home to the largest number of Holocaust survivors per capita outside Israel and the vast majority of Jews in Melbourne are either Holocaust survivors or children and grandchildren of Holocaust survivors. Accordingly to equate Council’s actions with the actions of Storm troopers was highly offensive.

While the expression storm troopers has been used in the Star Wars movies I suggest that the FOCP were not using that analogy but clearly equating the actions of the Council with the actions of Nazi storm troopers.

I am former President of the Jewish Community Council of Victoria and  former Chairman of the Anti-Defamation Commission I have perhaps by that reason a fairly prominent profile in the Jewish Community. As such I received over 40 phone calls from people who effectively said that they were offended by what had been written. Many others approached me at Synagogue and other places making similar comment. When I returned home from overseas in January there were also voice messages making similar comment. One elderly lady asked me if FOCP really knew what storm troopers were and how they acted. She was a Holocaust survivor a person who had first hand experience.

I do not say for an instance that the authors of the flyer are anti-Semitic and I do not make any accusation as to racism; indeed knowing some of the people at FOCP I believe that the words used were rather an expression of their passion. Nevertheless the words used were insensitive given the connotation of storm troopers with Nazi Germany. The expression used was clearly over the top and indeed I believe was counter-productive.

Councillors unanimously agreed to proceed with the upgrade of Caulfield Park. We listened to representatives of FOCP and we questioned and queried Officers before proceeding. Council did nothing by stealth.

Those that oppose Council’s actions have every right in our democratic and free society to make their views known, however to describe Council contractors as storm troopers was excessive in the extreme.

In my experience in public life, going beyond my years on Council I have seen that most people who are able to present a reasoned, intelligent and unemotional argument bereft of abuse will be listened to. To exaggerate however and suggest that Councillors are stupid or are in the pocket It (sic) of Council officers doing their bidding as if puppets is not likely to endear themselves or win any argument. Similarly to describe Council contractors as storm troopers full well knowing the connotation that expression raises is either obtuse or thoughtless.

While no doubt there are some Jews who would not find that comment offensive there are many that have and it is therefore appropriate for the authors to apologise and retract that offensive innuendo.

Pages from 8_Urban_Analysis_and_Design_Response_ReportApart from the above over-the-top market hype, readers should take careful note of the so called ‘green spine’ that is to serve as public open space and a pedestrian ‘carriage way’ to public transport. No amount of pretty drawings and promises can hide the fact that:

  • No figures are given for overall AMOUNT OF PUBLIC OPEN SPACE within the precinct
  • Width of entrance via Kambrook Road is barely enough to swing a couple of cats through – 9.6 metres which will in effect be reduced once ‘plantings’ go in.
  • No mention is made of the ‘canyon effect’ and resulting potential for wind tunnels
  • Glossy pictures of tall new vegetation leave us unimpressed given that much of this ‘green spine’ will be in shadow for much of the day – see diagram below.

Pages from 8_Urban_Analysis_and_Design_Response_Report-2

The extracts featured below, all come (verbatim) from the officer’s report tabled in the minutes of 12th August 2002 on Amendment C25 – ie. the brainchild for the Housing Diversity and Minimal Change carve up of the municipality. Admittedly, it can be argued that times are different and that things have changed. What CANNOT be argued is that this Amendment was sold to residents on the basis of promises that have never been kept. Now we are lumbered with the new Residential Zones that (without community consultation or even forewarning) were rushed through in secret on the basis of Amendment C25.

Please note: the 80/20 Minimal Change/Housing Diversity policy is not only a dud but iniquitous. Housing diversity has grown and grown. Yet this was supposed to be ‘sufficient’ to cater for some nebulous population figures. What we now have is rapid creep into Minimal Change Areas where streets that were predominantly single storey and single dwelling are being transformed into 2 double storey dwellings on various lot sizes. Remember that Council, unlike others, has not limited the size for subdivision! Instead they are working on another amendment to allow more dwellings on larger lot sizes regardless of the fact that these are in Minimal Change.

The ‘proof’ that the 80/20 split is a myth and not working is provided by council itself. Buried in very small print in the Quarterly Report from September 2013, there is this staggering admission – ” 56% of dwellings approved were in Housing Diversity Areas”. So much for 80/20! And it’s getting worse! The rush is on for infill and that means Minimal Change. Yet, residents were told and dare we say ‘promised’, the following in relation to Amendment c25 which set this all up – (we’ve omitted comments regarding open space and that old chestnut – a Significant Tree Register!)

A radical change in character is not envisaged in the residential areas of the housing diversity areas. The most intensive development is sought in the commercial areas where apartments and shop top housing is envisaged. In the residential areas of housing diversity areas, the policy is intended to allow for some multi-unit development to meet Glen Eira’s housing needs whilst ensuring that it does not:

  • Exceed prevailing building heights
  • Dominate the street scape
  • Adversely affect the amenity of neighbouring properties
  • Result in the loss of landscaped front yards (all in accordance with the standards of ResCode)

The Housing and Residential Development Strategy recommends that structure plans and urban design frameworks be developed to manage the specific issues of each housing diversity area. These would examine issues such as the type, form, scale and character of development and would be implemented through further Planning Scheme amendments and other actions. The development of the structure plans and urban design framework will require wide-ranging consultation with traders, developers, residents and the wider community.

Designating these areas as areas of housing diversity does not mean that council would entertain leniency beyond the provisions in ResCode ie any reduction in open space, cr parking standards, etc.

Traffic and parking

While critically important to the viability and functioning of any commercial centre and character of residential areas, traffic and parking issues largely sit outside the jurisdiction of the planning scheme local policy. The proposed policy, therefore, does not attempt to comprehensively address existing or anticipated traffic and parking issues…..ResCode provides parking standards for residential development The Housing and Residential Development Strategy acknowledges that parking and traffic are issues in the city and should be addressed through a number of measures outside the Planning Scheme. These include parking precinct plans in the commercial centres and the surrounding residential areas and the investigation of local traffic management plans in residential areas.

There’s much, much more in these papers, but readers will have got the overall gist by now. The take home message is absolutely clear:

  • Promises have never been kept much less delivered
  • The 80/20 carve up is failing and will only get worse – dwellings are NOT going into Housing Diversity, but increasingly into Minimal Change.
  • Traffic, parking, open space identified as major concerns over a decade ago has not been addressed.

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