GE Planning


We’ve received an email from a resident which in our view epitomises everything that is wrong with the Glen Eira City Council administration and, in particular, its penchant for secrecy and putting every single obstacle it can in the way of residents.

Here’s what happened.

  • A resident went down to council offices and asked to see the Melbourne Transport Victoria submission on the Caulfield Village Development Plan.
  • An officer finally came down with the submission and told the resident that photographs or copies were verboten.
  • The resident, not to be put off, then started to transcribe the submission in full.
  • The officer remained watching the resident write for at least ten minutes and was clearly bored out of his brain and inwardly fuming. He then called in an underling to continue with the surveillance.

What is so outrageous about this behaviour is:

  • There is NOTHING, not a single word, in the Planning and Environment Act which precludes residents from taking a photo of a submission. The ‘embargo’ by council is simply another example of their determination to make things as difficult as they possibly can for residents. It is simply another ‘rule’ concocted by council to prevent widespread dissemination of a public document.
  • It also illustrates the common council practice of ‘if it’s not stated in the legislation’ then we can’t do it. Or the reverse is also true – if it’s not stated in the legislation, we can do it’. It all depends on the situation and the objective – for example: the Local Law and the Meeting Procedures and attempts to dissent from the chair!
  • Residents need to ask: how much did this officer surveillance cost ratepayers? How many dollars went down the drain when two employees stood around watching someone else write instead of getting on with the work they are paid (by us) to do?

Finally, here is the transcript as forwarded to us. All that has been left out are the reference numbers –

Received – 27th February 2014

 

Public Transport Victoria

Ref FQL

Rocky Camera

Coordinator Statutory Planning

Thank you for your letter dated 28/01/14 referring the Caulfield Village Development Plan to Public Transport Victoria. Please find Public Transport Victoria’s comments below.

While the accompanying Integrated Transport Plan (ITP) has made references to most items as outlined in Schedule 2 to the Property Development Zone PTV requires the following additional information to be able to conduct a proper assessment of the plan.

1/ Demonstrate how Station Street will accommodate the ‘Undivided Connector Road – B’ as detailed in the Public Transport Guidelines for Land Use and Development (i.e. a minimum 4.2 metres shared carriageway for both vehicles and bikes and a minimum 2.3 metres wide parking lane).

2/ Provide further information regarding the layout and location of the proposed bus stop at the intersection of Station Street and The Boulevard. Confirm that such bus stop would be funded by the development.

3/ Further detail on how existing tram services along Normanby Road and bus services along Station Street will be impacted by the proposed development (i.e. delays to journey time) including the intersection plans showing the proposed works, how they will accommodated within the road reserve and how they will operate.

4/ Further detail on the future planning for the Normanby Road / Smith Street tram stop (i.e. timing, planning location and design of a potential Superstop).

In addition, PTV does not support the introduction of a shared tram and traffic lane as suggested in Table 4.3 of the ITT on the Normanby Road/The Boulevard/Smith Street intersection. Introducing additional traffic to the existing tram right turn would cause travel time delays to the tram service. The intersection should be designed as not to detrimentally impact the current levels of tram operation.

The PTV would prefer that the Implementation Plan submitted with the Development Plan documents clearly sets out how each intersection across the development will be constructed and the timing for delivery detailed in an approved implementation plan.

Yours,

Richard McAliece

Manager

Land and Planning

24 / 2 / 2014

Submitters to the MRC Development Plan have received a letter from council. We urge readers to note the following:

  • April 29th was never the set date for decision. Pilling announced it was to be April 8th. This delay far exceeds the requirements of Schedule 2 associated with the C60.
  • Normanby Road intersection is not the only problem highlighted by VicRoads as we’ve already shown in an earlier post. (https://gleneira.wordpress.com/2014/04/10/caulfield-village-vicroads/). Yet Council only mentions this one example. Why?
  • The VicRoads submission also mentioned working with the developers AND COUNCIL. In  this letter the role of Council does not even rate a mention! Are residents supposed to believe that Council has no role, no function, and no say in what changes are now made? Hardly!
  • Why, given these objections, and the countless other problems outlined by residents has Council not simply rejected outright the entire Development Plan? Why this ongoing behind the scenes manoeuvring? It couldn’t be could it that by rejecting the Development Plan council would be providing residents with the green light for third party objection rights?
  • Question after question on traffic, drainage, etc. has not been answered by this council except for the stock response of ‘we’re investigating’. After 4 months Council should well and truly have determined all the flaws in the plans. They should also have conducted their own traffic analysis as any decent council would if they were truly concerned about the flow on effects. Thus far and to the best of our knowledge, this Council has done nothing but accept the developer’s version of reality as factual and sacrosanct!
  • Finally, it beggars belief that official missives of Council fail to include the name of those individuals responsible for their decision making. The blanket title of ‘Glen Eira Planning Department’ will simply not do! Who is responsible? Who signs off on such letters and planning decisions and why is there no accountability and/or transparency within this administration?

IMG

bigscreesfees

We have UPLOADED HERE the Planning Panel Report on the URBIS/Monash University application for rezoning of the Western part of the Phoenix Precinct. We encourage all readers to peruse this document and especially the highlighted sections since they reveal how ‘reactive’ and lacking in vision, this council’s planning department is. We highlight two examples:

  • Council noted that this Policy is based on an urban design framework approved in 1998. Council is looking to review this policy in 2014……(page 10). So what we have here is once again a case of putting the cart before the horse. First, pass the Amendment, and then worry about ‘policy’!
  • Below is a screen dump that outlines the Phoenix Precinct Policy from the Planning Scheme. Please note the insistence that what is required is ‘co-ordination’ and ‘balanced planning’. Hardly, we say, when the racecourse, c60 and now Monash are each treated as INDIVIDUAL AND SEPARATE planning issues without any developer considering the overall flow on impacts to surrounding areas – be it traffic, population, high rise, commercial activity, and infrastructure requirements.

phoenix

And last, but certainly not least, residents can glean some insight into Monash’s plans – not directly from Council of course – but via the submissions put forward at the Planning Panel. Here’s what Monash intends (at this stage!) –

The objective of the University is to eventually have a student population of 15,000 effective student load (ESL) in excess of the existing 10,000 (ESL) on the Caulfield Campus, and that much of the new development is to occur within the western precinct. The Masterplan provides for an increase in total floor area from 90,000 sqm to 168,000 sqm and allows for 800 student beds on, and adjacent to, the campus. The proponent plans uses for Derby Road frontage buildings that are complementary to the Derby Road commercial area including retail, food and beverage and other compatible uses. The planned increases in intensity of use of the campus site and the intended complementary uses of Derby Road frontages strongly indicates opportunities for improved economic activity in the area. The extent that realisation of the Masterplan would offset or even surpass the economic activity generated from Caulfield Plaza, is not quantified but, at a minimum, indications are that a redevelopment of the area would provide a significant economic stimulus for the area. However, this issue relating to the closure of Caulfield Plaza is largely a moot point as the existing Priority Development Zone already provides for the redevelopment of Caulfield (page 20).

Readers should note that the above figures do NOT mean that the student population is targeted to reach 25,000. To the best of our knowledge ESL means full time students. Hence the actual numbers of students accessing Caulfield campus may be closer to 40,000 given the large proportion of post graduates and part-timers.

We have yet to see anything produced by this Council which analyses and dissects the ENTIRE AREA and focuses exclusively on what this will mean for residents – and they’ve only had about 15 years to do so!

vic1vic2vic3

An application is in at Council seeking a permit for an ‘illumated screen’ at the Racecourse. The size of this screen is gigantic as the following illustrates – the equivalent of at least a 3 storey building and approaching the height of a 4 storey. Of course, this size screen will have no impact on the surrounding areas as stated by the applicant. By way of contrast, we also include a screen dump from the Moonee Valley Racecourse and the dimensions of their electronic screens. Nothing it would seem is too big or too expensive for Caulfield Racecourse!screen

screen2screen3

mvcc

PS: we urge readers to also contemplate the following ‘sign-off’ by the ‘protectors’ of crown land.

dse

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

110628_Guy_-_1_billion_development_approved_for_Caulfield_Page_1110628_Guy_-_1_billion_development_approved_for_Caulfield_Page_2

By now residents would have made up their minds that anything that comes out from the MRC and Council should be treated with the utmost caution. Last Monday’s planning conference provided further evidence of this incontrovertible fact. Admittedly Ms Ring is not at the top of the food chain where major financial decisions are made. Nor is she on the Board of the MRC. Even granted all this, it still does not excuse the public and unequivocal utterances that were made last Monday night at the Planning Conference. The unsuspecting audience were told in no uncertain terms that the land had been ‘sold’ and that residents can forget all about the MRC and start accepting the fact that they would now be dealing exclusively with Beck and Probuild. How true is this we ask? Is it really possible that the MRC would wipe its hands of a controlling interest in the biggest development it has undertaken? Was all this nothing more than a ploy to achieve some respite from of the ever growing criticisms levelled at the MRC? And is it really possible that nobody (including Trustees and Council) knew absolutely nothing about the alleged ‘sale’?

There are undoubted advantages for the MRC to remain the title holder of this land. In the first place they will save themselves 10 years of back-dated rates as stated in the April 28th 2011 Council Minutes when the decision to accept the C60 was made – ie if the subject land is no longer rated under the Cultural and Recreational Lands Act, the owner would be liable for “back paying” rates at a higher level for ten years. Secondly, they will still have a very strong ‘bargaining chip’ for whatever happens down the track with the other two precincts. So, it should not come as a surprise that on page 5 of the MRC 2013 Annual Report we find the following:

Untitled‘Development rights’? We are now firmly in the land of legalese double talk and private hatched deals. Development rights do not equal the sale of any land. Nor do they signal the removal of the MRC’s control. $15 million at this stage is certainly a handy bit of pocket money for a cash strapped organisation, but it in no way represents the true and total value of this land. We remind readers that the Alma club which was a fraction of the size of this 5.6 hectare site went for just under $8 million. What does this make 5.6 hectares worth?

The more one dwells on the entire history of this project the more questions arise. One thing is clear though – all participants in this sorry saga have been far from straight forward in their varied pronouncements. Residents deserve straight talking rather than a chorus of forked tongues and a plethora of carefully constructed spin.

charges

Neither side will discuss the legal bill for the case…….Glen Eira Council also did not respond to a question of whether its lawyers had asked Mr Penhalluriack to sign a confidentiality agreement. ‘No Comment’ or both sides refusing to answer questions can only mean one thing in our view – there is a confidentiality agreement and these usually involve some kind of ‘settlement’. The only ‘settlement’ that would make any sense in this case would be if council, after withdrawing its charges, has decided to hand over some money to Penhalluriack.

village

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