GE Planning


Pilling and Sounness were absent. Lipshutz moved a motion that the Residential zones item (listed last on the agenda) be considered first. Motion passed unanimously.

Hyams moved motion and added that council writes to Minister thanking him for ‘translating our existing policies’ into the new zones. Seconded by Lobo.

HYAMS: started off by saying that this is ‘possibly’ the most “important planning reform’ in history. Council introduced in 2004 the Minimal Change/Housing Diversity/Urban Villages policies but this isk even more ‘important’ because these are ‘mandatory zones’. ‘So what we say goes’. That contrasts to the past where VCAT could ignore council because they were only ‘guidelines’ and this ‘will no longer exist under these zones’. Went on to speak about the 3 new zones and that together they ‘will cover 95% of Glen Eira’ and ‘every resident of those zones will have their amenity protected better than before’. Stated that Glen Eira is the first council to ‘achieve’ this. Talked about the 78% being Neighbourhood Residential Zones and these were all the previous minimal change areas. These will have 8 metre height limit; 2 units per block, 50% site coverage and 25% permeability. All of this ‘will preserve the leafy backyard character’ of most  residences. Next there’s the General Residential Zone (previous housing diversity) and this will have 10.5 metre height. Said that there would be ‘two types’ here – Schedule 1 ‘in the neighbourhood centres’ and Schedule 2 along tramlines. These latter ones that abut ‘neighbourhood residential zones’ and ‘they will have increased rear setbacks’. Last is Growth zones and they ‘conform’ to villages and height limit of 4 storeys and ‘mandatory setbacks’. ‘These are great outcomes for Glen Eira’ because development can still go on but is ‘directed to the right areas’ whilst ‘residential areas are protected from over development’. There’s also ‘certainty’ which is good for both residents and developers. Back in 2010/11 when the community was consulted, people said they wanted mandatory height limits and ‘now they have those’.  Also achieved increase in permeability from 20 to 25%. ‘That’s basically why we didn’t consult this time around’ since ‘we had the old Minimal Change Areas and Housing diversity Areas which were well understood’ plus they got what the community wanted. Said that even if they had consulted he couldn’t see how ‘we would have got a better outcome’.

Said that the zones are ‘applied’ by the Minister in ‘discussions with us’ and ‘we got most of what we were after’ because they could show that there is ‘adequate’ space for ‘growth in Glen Eira including the C60 Caulfield Village’ and because the staff had ‘such a good grasp’ of all the issues in Glen Eira. They could answer all questions and ‘put a case very quickly and convincingly’. Congratulated Newton and Akehurst. Said that existing applications would be considered on old scheme and it could take a year before all of these were gone through.

LOBO: said that residents have been saying that Glen Eira needs a ‘structure planning policy’ to protect ‘people’s greatest asset’. Said that many residents had ‘borrowed from the greedy banks’ or used their super money to pay out the banks and ‘free themselves from the big claws’ of these banks. So they are now realising that ‘good attention’ is needed for ‘good planning’. What’s happening in the streets is of ‘great concern’ and people are right because ‘the value of the property will decrease’ and they took this into account when ‘preparing the new zones’. Matthew guy created the zones ‘earlier this year’ and ‘he has a carte blanche authority’ and that this is ‘different’ to the normal exhibition and panels for amendments. The Minister ‘has amended the Glen Eira Planning Scheme’ and included ‘many things that council wanted’ as well as ‘changes initiated by the Minister’ such as rezoning the Alma Club site and the Ripponlea ABC studio site to what was formerly Housing Diversity from minimal change. Residents got what they asked for ‘three years ago’. Now people will know ‘for certain what areas will be clearly protected’ and what areas will be developed. ‘With this, the wings of VCAT will be clipped’.

LIPSHUTZ: Glen eira is the first council to ‘adopt these plans’ and that’s because they have ‘vision’ and that’s because years ago Akehurst and ‘his team’ saw that ‘we neeed to have distinct areas to protect our suburbs’. Because these plans already exist they were ‘able to translate very quickly’ into the new zones ‘and that’s a credit to our officers’. “it is revolutionary’ because VCAT can’t now ignore. It’s LAW. Said that newspaper reports say that it will ‘stifle development’ but as he ‘lives in the area, I don’t want high rise in my suburbs’ . there are ‘appropriate’ areas for high rise but ‘not in many of these areas where we have fine homes’ or heritage, or ‘single storey’. The zones are ‘protecting our neighbourhood, we are protecting our municipality and that’s important’. Congratulated officers and ‘the government’ because the latter ‘had the guts’ to do something about an issue that has been going on for years.

ESAKOFF: stated that in the past VCAT only had to ‘consider’ policy and now it is mandatory. Was sure that there ‘would be far less applications to VCAT’. Noted that there are ‘other zones’ but they’re not included in the amendment and ‘they will be treated the way they have always been treated’.

MAGEE: Apart from commercial zones, there is now a ‘sense of security’ for developers because they know what they can do and get a loan easier. Developers can therefore plan better. Said that the 4 storey buildings around tram lines is only 2.2% ‘of our city’ and ‘you might actually struggle to find a block big enough’ to build 4 storeys because of ‘setbacks’ on top floor. So a lot of these could ‘end up being 3 storeys’. Said it was a ‘really good outcome for the residents of Glen Eira’. Said he bought his house in minimal change and away from main roads but his back door neighbour built 3 units and he can touch them ‘with a broom’ and that ‘this won’t happen again’ with these zones. Congratulated officers on ‘getting this through’ and didn’t think it ‘was a surprise because that’s the sort of work we do here’…’we are very good at what we do’. In the future council can say ‘no, it’s wrong’ and ‘go away’ to developers because they haven’t got it right. Also have to thank the state government in ‘being proactive and helping us get this in place’. ‘I think the outcome for Glen Eira is superb’

DELAHUNTY: ‘generally’ supports that this is a ‘good outcome’ but the ‘Minister sought different zoning’ for the Alma Club site and ‘that was done without any consultation with Council’ and she ‘finds this a little bit disappointing’ because he zoned differently there and could have also looked at the ‘old Open Space Strategy’. ‘It would have been a fantastic opportunity to have had that conversation’ with the Minister. The same goes for the ABC site. Also ‘at the start’ she had ‘reservations’ about the ‘lack of public consultation’. She ‘lost the argument’ on that one but ‘I have to say I deserved to lose the argument’ but since she wasn’t part of the 2010 consultation and ‘that doesn’t mean that the community’s views have necessarily changed’ so people got what they wanted. She’s just left with the ‘inkling of bad taste’ about the Alma Club and ABC sites.

OKOTEL: congratulated for the ‘very hard work’ by Newton and Akehurst and team. It was a ‘very quick turnaround to make sure this happened’. The old system was ‘plagued by inefficiencies and uncertainties’ for planners and residents so it’s ‘pleasing’ that there are now height limits and that will ‘certainly’ eliminate the uncertainty.This is ‘exciting and well overdue step’. Said that she ‘maintains’ that a ‘consultation process would have been appropriate’ and that since this was in 2010 this wasn’t the direction prior to the  ‘submission being made to government’ and it ‘was a submission put to government and ultimately it was the government’s decision in terms of what the new zones look like’. But ‘despite that’ the decision is ‘very pleasing’

MOTION CARRIED UNANIMOUSLY

 

Source: http://www.probuild.com.au/projects/caulfield-village/

Click on image to enlarge.

probuild

resident

The State Government and Council’s strategy is transparently obvious [reduce amenity for all but start with the significant minority in “targetted” areas] and it continues an inglorious tradition started by Labor when Melbourne 2030 was released. Remember this statement: “The character of established residential areas will be protected through Rescode, and increased densities will not be achieved at the expense of existing amenity.”? Not that Council or VCAT ever took it seriously.

Yesterday’s announcement reaffirms the Government’s belief that it should be able to reduce people’s amenity without consulting them; taxation without representation. It doesn’t matter whether Lib or Lab or Brown, that is the principle.

Look at the huge chunk of Residential 1 Zone properties that are now about to find themselves in Residential Growth Zones or  General Residential Zones. Where once they had ResCode, which included a 9m height limit, now they don’t. Council argues quite shamelessly that people will be better off because now there is “certainty”, since previously Council and VCAT ignored ResCode if it suited them. The same people who repeatedly abused the planning scheme are still in charge. What guarantee do residents have that whatever the schedules might say (and of course these remain top secret) that this planning department won’t continue with its old ways of handing out dispensations on countless of these ‘standards’?

Remember too that height limits only apply to dwellings or residential buildings. It won’t be long before we see some imaginative applications that push the envelope, quite literally. And of course, there simply aren’t any height limits for the old major activity centres and the main roads they sit on. Glen Huntly Road already has 10 storeys. That is the future – minimal ‘commercial’ or ‘retail’ and stacks of apartments.

Then there’s some seemingly random choices made, all without any transparency. Glen Huntly, which is a major activity centre, is now to be surrounded by GRZ. It has a railway, a tramway, 2 State Arterial Roads, and open space. Then look at what Council is doing to a bunch of Edwardian homes and California bungalows in Carnegie, which instead is to be rezoned RGZ.

The media releases remain silent on the contents of the Schedules to the Zones, yet the map does give a strong hint that at least some content has been inserted to replace “none specified” for various amenity standards. Who decided what should be inserted? Council staff. Council couldn’t even be bothered to vote on it.

The recent decision to refuse a Permit for Wilks St (Alma Club) is suddenly looking shaky, until such time as people can evaluate the implications of being rezoned to GRZ and Schedule 1 (no increase in rear setbacks). It’s no surprise that this has suddenly dropped its Minimal Change status and is now designated as General Residential Zone. In other words, 3 storeys is fine and 75 units in a dead end street is perfectly okay.

If Elizabeth Miller believes “the Victorian Coalition Government is delivering on their promise of protecting residents’ backyards” then she should be prepared to state how many backyards have just been condemned to being buried underneath concrete. I wonder if she even knows. Yesterday’s obligatory soundbite was carefully filmed in a tree-lined street. There won’t be many trees left when there’s no permeable soil available for roots in the targeted areas.

Will the State Government accept responsibility for flood damage when the drains are inadequate for the rapid runoff of water from these concrete ghettos? Does it have a crime strategy for the consequences of creating an unhealthy imbalance in demographics? Has it identified where the new sports facilities will be located?

Expect traffic to be managed when areas that you have to pass through have their population swollen by several thousand residents? There are no amenity standards for traffic congestion, no money to eliminate railway level crossings in the municipality, and it’s not even safe to ride a bike since Council/VCAT encourages street parking for multi-unit development [count the number of applications which seek and obtain a waiver]. Besides, the speed limits are generally too high for the population density. Will people be walking to their nearest open space? Depends how far it is. Yesterday’s announcement ignored that element of community well-being.

Clearly the policies behind yesterday’s announcement are unstable. If you increase the population faster than the jobs in an area, then more people will have to be travelling further distances at a slower average speed by less convenient means. Council admits its planning for an extra 18000+ people over 20 years, so it should be able to show its traffic modelling along with documented assumptions like where they have to go for work, recreation, services. Of course such detailed planning is not Glen Eira’s forte. The irony is that when council officers front up at VCAT and argue that the municipality has already exceeded its population forecasts, then that only throws more doubt on the figures produced by council this time around.

Planning for a community is so much more than trumpeting a bunch of discriminatory height restrictions. This entirely begs the question of where council has been for the past 10 years? No height limits throughout this time; no structure plans; no parking precinct plans (then or now); no Environmental Sustainable Design (then or now); no Urban Design Framework (then or now). It’s been hell bent on more and more development. This latest announcement only provides further evidence that the philosophy, strategy, and ambition remains intact. Glen Eira will remain the developer’s paradise.

Finally, we remind readers that in March 2012 the officers in their wisdom wanted to introduce a greater percentage of permeable surfaces but ONLY FOR MINIMAL CHANGE. Councillors passed a resolution that in part read: “Prepare a Planning Scheme Amendment to lower the percentage of impervious surfaces within the Minimal Change Area and Housing Diversity Areas.”. No such amendment has seen the light, so we can only conclude that once again a council resolution has been ignored or conveniently forgotten and not acted upon in a ‘timely manner’ as required by law. Now we discover that the ORIGINAL recommendation of 25% permeable surfaces will only apply in what was formerly known as Minimal Change. This is how this council works and residents need to be not merely aware but alarmed at how their rights have been continually trampled upon.

Last but not least, here is a glimpse into the future for all those areas with the nice little light blue lines marked on them!

highrise

The following Media Release in our view exemplifies everything that is wrong with Glen Eira City Council. It typifies the secrecy, failure to inform much less consult, and the complete over-riding of resident aspirations. The inequity which is the Housing Diversity and Minimal Change areas are now ostensibly cemented via this announcement and it has been done without even the courtesy of informing the public. At the time of writing there is nothing on Council’s website. Councillors who silently sat by and allowed this to happen must be called to account.

PS: As an example of the deviousness of this council, we alert readers to the public questions which raised these issues and the blatantly dishonest answers. It is inconceivable that Council did not know what it claims not to have known, designed, and implemented.

“This evening 1 July, 2013 there was a news item on the 7p.m. news which featured a story about the new residential zone reforms in this state. It was stated that the Boroondara Council along with Glen Eira were the first two councils to be implementing these new residential zones.
Could you please explain to me why residents in this municipality have to learn these things via the media?
1. Has this council already submitted an amendment of the draft to the Minister? If this is the case then why were residents not told anything of the change?
2. The City of Boroondara has had this amendment C108 for discussion since March. What consultation is this council planning to carry out?”
The Mayor read Council’s response. He said:
“Council is not responsible for what is broadcast on any news program. Council does not know why the ABC reporter chose to mention Glen Eira, any more than we know why a similar story in today’s Age nominated neighbourhoods in Stonnington and Boroondara as the first to come under the new zones but did not mention Glen Eira. It demonstrates that you can’t always fully trust what you hear or read in the media, although, of course, the media is far more reliable than an anonymous blog.

Council has not submitted an amendment of the draft to the Minister. Boroondara City Council’s Amendment C108 proposes to apply planning controls to neighbourhood activity centres, which are shopping strips, and to enterprise
corridors, which are mixed commercial areas. It implements strategies and plans adopted or amended in 2011, and has nothing to do with the new residential zones. Council has not yet decided what consultation will be carried out in relation to the residential zones.”

Question 2 – “Given the significance of the proposed Residential Zone Reforms, when will council begin its public consultation on the introduction of the zones into the Glen Eira municipality?”

“Council has not yet decided.”

Question 3: (July 23rd, 2013)

“Will Council be undertaking community consultation on the residential zone reforms?”
The Mayor read Council’s response. He said:
“The extent of consultation would depend on the extent of any departures from the current Housing Diversity/Minimal Change arrangements and that is not known at this time.”

130805 - Guy - Residential planning zones bring protection to Glen-Eira_Page_1 130805 - Guy - Residential planning zones bring protection to Glen-Eira_Page_2

The following is taken from the Moonee Valley Council website. Comparisons between Glen Eira’s and Moonee Valley’s attempts to safeguard social amenity for residents is self-evident.

Planning & Building

Draft master plan and rezoning for Moonee Valley Racecourse

Moonee Valley Racecourse

29 July update

The State Government’s Advisory Committee has commenced a six week consultation process on the Moonee Valley Racecourse revised Master Plan and Council’s proposed heritage controls for the site. Residents living around the site would have received something in the mail from the Advisory Committee.

The community is encouraged to view the documents and put in a submission to the Advisory Committee.

Council is currently working on its own submission as part of this process.

Information sessions

To help the community stay informed and to understand the process, we are holding information sessions at the Clocktower Centre on Mt Alexander Road Moonee Ponds.

Sessions are:

  • Sunday, 11 August, 2pm-4pm
  • Thursday, 15 August, 6.30pm-8.30pm

To RSVP contact 9243 8888 or email mvrcmasterplan@mvcc.vic.gov.au

Council continues to be concerned about the major information gaps in the revised version of the Master Plan. These gaps and concerns are summarised below in the 18 June update.

More information on consultation process, how to have your say as well as copies of the Master Plan and heritage amendment documents can be found on the DPCD website.

18 June update

Council has responded to the questions asked by the State Government’s Advisory Committee about the revised racing club’s master plan.

While the revised master plan does make some concessions in terms of the scale of the proposed development, it still does not address some key issues that Council previously raised with the club. There are still concerns that the proposed master plan does not provide enough detail. Some of the gaps include:

Car parking and traffic congestion
The revised plan does not adequately show how the substantial increase in vehicles in the area will be managed. This includes both daily vehicle movements and vehicle movements when events and races are taking place.

Public access and safety
Council has concerns over the proposed access to the racecourse, where the majority of patrons would be funneled through a single entry point.

Layout of the site, new residential buildings and the new grandstand
Council doesn’t feel that the proposed layout is the best outcome for the site, and it is of concern that there would potentially be a negative impact on neighbouring properties.

Lack of significant open space
The location and size of open space within the site is insufficient.

Public transport capacity
The revised plan has still not addressed how the significant increase in demand for public transport in the area would be managed.

Drainage and infrastructure impacts
The site has significant drainage issues that have not been considered in the design of the master plan.

Heritage and significant trees
The proposed development would not retain any important heritage features of the site.

We are now waiting for the Advisory Committee to confirm the next stages in the process and dates of when they will undertake community consultation.

Council has mastered the technique of not answering all aspects of a public question. What is responded to often becomes a game of semantics, half-truths and not so subtle acts of omission. We illustrate this from the following examples of public questions tabled at last week’s council meeting. The bolded sections represent those aspects that have been entirely ignored.

QUESTION: The residential development at 175 Balaclava Road, North Caulfield, is a toxic site which was not comprehensively remediated. The amount of permeable surface, if any, is much less than the minimum required. There is zero setback from Balaclava Road where the standard is six metres. There is zero setback from the side street, Elmhurst Street. Balconies and awnings extend from this development over both Balaclava Road and Elmhurst Street, and no fees, rents or other charges are applied to this occupation of public space. How does council account for this generous flexibility in application of the planning rules, and what is the estimated financial benefit that has accrued to the developer from this?

ANSWER: “The Town Planning Application in relation to the residential development at 175 Balaclava Road which incorporated balconies that extended beyond the title boundary was refused by Council. An appeal against Council’s decision to refuse the application was lodged at the Victorian Civil and Administrative Tribunal (VCAT). VCAT directed the grant of a permit which retained the balconies beyond the title boundary. This was not Council’s preferred town planning position given that Council had refused the application. However, VCAT did apply a permit condition requiring the applicant to enter into an agreement which, amongst other things, acknowledges Council’s ownership interests and would absolve Council of any risks associated with the balcony overhangs.

A condition of the VCAT directed permit related to the provision of a Statement of Environmental Audit prior to the commencement of the development. In order to comply with this condition, the Applicant was required to submit a Statement of Environmental Audit that confirmed that the site is suitable for the use and development allowed by the planning permit. In December 2008 the Statement of Environmental Audit was received and, as a result, the abovementioned condition was met.”

COMMENT: What is not stated is that the VCAT order was not the result of the first appeal, but the result of ‘mediation’ between Council and the developer. In other words the VCAT decision merely formalised what council agreed to previously.

++++++++++++

QUESTION: What is Glen Eira Council’s current policy on rooms, balconies, and awnings that extend over public space from a/. residential buildings, and b/. commercial buildings? Is the public space so occupied leased or sold or is it a gift of space to developers? What legal liabilities might accrue to ratepayers from this use of public space? 

ANSWER: Council does not support developments with balconies and rooms that overhang the title boundary. However, as was the case with 175 Balaclava Road, Council does not always make the final decision in relation to these matters. In those situations, it is Council practice to advocate for VCAT to require, via a permit condition, that the applicant enter into a Section 173 agreement with Council.

Section 173 agreements apply in those circumstances where controls are required outside title boundaries. Typically Section 173 agreements address property rights and protect Council, and in turn ratepayers, from risk.

A Section 173 agreement in such cases would explicitly state that ownership of the area outside the title boundary does not pass to the owner of the land being developed. The agreement also sets out restrictions on the owner’s use of the balcony /encroaching area. These restrictions allow Council to tightly control use and minimise risk. Generally, Council does not charge owners for use of the airspace, unless there is a commercial use. Owners are required to have appropriate insurance for public liability in relation to their use of the airspace. Section 173 agreements are placed on the title of the property and bind current and successive owners of the property.

Section 173 agreements are not required for awnings.

Council may enter into a licence or lease of the airspace above Council land.

Decisions of this nature are made on a case by case basis.”

COMMENT: what a wonderful word ‘generally’ is. It can encompass a multitude of sins without disclosing a single thing. This response makes it clear that:

  • There is no formal policy on gifting the public realm to developers
  • Nor are they asked to always pay for this largesse
  • Contradictions do not appear to worry Council either – for example, please compare the opening and penultimate sentences in this response (underlined)!

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QUESTION: Will Council be undertaking community consultation on the residential zone reforms? 

ANSWER: The extent of consultation would depend on the extent of any departures from the current Housing Diversity/Minimal Change arrangements and that is not known at this time.”

COMMENT: Here is further evidence that there will NOT BE ANY PUBLIC CONSULTATION on the residential zones, except in the most trivial and unavoidable areas such as amending the East St.Kilda student housing areas from Minimal Change to Housing Diversity since this is already fait accompli with 5 storey permits granted and Council’s failure to adhere to its own policy as pointed out several times by VCAT members. As for the rest of the municipality it is clear that council intends to rubber stamp the current  scheme without community input!

Agenda items for Tuesday night feature several important items

DELEGATIONS

Once again councillors are largely sidelined when it comes to planning matters and the most important powers are ceded to officers. We reiterate what we’ve said in the past:

  • No councillor ‘call-in’ on applications – ie. countless other councils deem it essential that a councillor be given the right to insist that a planning application be decided by a full council rather than 3 bureaucrats as happens in Glen Eira under the Delegated Planning Committee (DPC) structure
  • The criteria for determination remains vague and unquantified. For example: the Schedule to the DPC states that this committee may decide upon applications when “There has been significant objection/s in terms of substance or number received to an application, amendment or any other matter”. Precisely what ‘significant’ entails is of course not stated. Are we talking 5 objections, 10 objections, 50 objections? We note again that numerous other councils specify the number of objections that will automatically see the application go to a full council meeting.
  • There are other nebulous phrases contained in this schedule for the DPC: ‘significant departure from policy”. Again, what does significant mean in this context, and who is to decide? Certainly not councillors!
  • We refer readers to a previous post where the significance of such delegations is outlined in greater depth: https://gleneira.wordpress.com/2011/01/17/delegations-the-glen-eira-way/
  • We also note that Newton’s spending power has now reached $750,000. This amount does not require a council resolution!

COMMUNITY CONSULTATION COMMITTEE

The farce of ‘consultation’ in Glen Eira continues with the minutes for this meeting. The positions for community reps will be readvertised since according to the spin – “The committee discussed the lack of diversity of applicants in relation to young people and families and thought that it was important to seek applicants from a broader range of community members.” Strange that we happen to know of at least 2 applications from well versed residents who just happen to also be ‘family’ members with young children. Their ‘rejection’ has more to do with whom council doesn’t want representing the community voice than with whom they do want. Intelligent, articulate, and pro-community people we suspect would be anathema to the powers that be!

There’s also a paragraph on the review of the overall consultation strategy itself. We find the following particularly relevant: “In section on engagement tools and techniques include: disadvantage to meetings and forums as ‘can be dominated by interest groups, and disadvantage of social media as ‘individuals may submit multiple times’. Does this augur the demise of ‘multiple methods’ of community consultation?

Finally, the proposed terms of reference for the committee when it is eventually reconstituted with community reps includes the rider that VOTING POWER will only be granted to councillors! Reps will be selected on ‘agreed criteria’. Of course, these criteria remain top secret!

RECORDS OF ASSEMBLY

See the following as items of real interest:

“Cr Lipshutz – a development in Inkerman Road that has a Condition requiring that a laneway be properly made that will cost the developer. Asked that this Condition be reviewed.”

“Cr Delahunty – advised that she had met with the Chairperson of the Caulfield Racecourse Reserve Trust who had updated her on thek Trust’s current deliberations. Said that she understood that there is nothing preventing the Councillor Trustee members keeping the full Cpouncillor group updated on the Trust’s deliberations.”

Readers should also peruse the report on the ABC studios site and its potential sale for residential development.

PS: A very quick search has revealed some further fascinating comparisons between Glen Eira Council and its neighbours regarding the delegation to the CEO. Unlike Glen Eira, these other councils have imposed certain limitations on the powers of their CEOs. Glen Eira appears to set no limits!

Stonnington – without the concurrence of the Mayor communicated to the delegate at a meeting or conference convened by him or the Mayor for the purpose of informal discussion (http://www.stonnington.vic.gov.au/your-council/about-council/council-delegations/)

Bayside – If the issue, action, act or thing is an issue, action, act or thing which involves:

4.1 awarding a contract exceeding the value of $300,000 for an annual capital works contract;

4.2 awarding a contract exceeding $100,000 per annum for the supply of goods and services for a period exceeding 5 years;

4.3 approving a contract variation that exceeds 20% of the original contract sum, where the original contract sum is $250,001 or greater;

(http://www.bayside.vic.gov.au/10.15_Instrument_of_Delegation_to_CEO_-_2013.pdf)

 

Boroondara – A new power to acquire or dispose of other interests in land to the value of $500,000 or less (excluding GST) is inserted.

Under the existing delegation, the Chief Executive Officer also has the power to vary contracts which were approved by Council. The power is conditional upon expenditure limits, being: [if] the value of the contract is greater than $500,000, the aggregate value of the contract (taking into account the value of expenditure for the further term and the value of the variation) may not increase by more than or 10% or $100,000 whichever is lesser.

(http://www.boroondara.vic.gov.au/~/media/Files/Your%20Council/Meetings%20and%20Agendas/Council/20130527/Report7%20Instruments%20of%20Delegation.pdf)

Monash – Increase the maximum value of contracts that can be awarded by the Chief Executive Officer, to $250,000.

(http://www.monash.vic.gov.au/reports/pdftext/cp28may13/6.1.pdf)

 

concern

letters

We’ve received the following correspondence from a resident. It reveals another very worrying aspect of governance and planning within Glen Eira Council.

Saga of 175 Balaclava Road

The development at 175 Balaclava Road in Caulfield North is a corner block facing onto the south side of Balaclava Road and on the western side onto Elmhurst Road. It is zoned Residential 1. It is a narrow, elongated block, approximately 9 x 46 metres. In previous incarnations the land housed a petrol station and a car repair shop, but for many years after that the site was vacant.

A planning application was made in 2006 by a developer for a three storey building comprising 8 units on the site.

The final resolution of planning issues was by mediation at the Victorian Civil and Administrative Tribunal (VCAT). The VCAT order which confirmed the mediation conditions became the planning permit. A planning permit was issued in January 2007, followed by a corrected permit in May 2007.

That proponent went bust and the site and the permit passed to another developer.

The site had toxicity issues – hydrocarbons, asbestos, and heavy metals. A site environmental assessment report was produced July 2008. Some underground storage tanks were removed, but a complete clean-up of the site did not occur. Instead, the remedy was to cover the whole site with concrete, with the agreement of the Environment Protection Authority (EPA).

While the standard setback in Balaclava Road is 6 metres, here there was none. At the rear of the block is a sewerage easement. This became the place for a tree (we will see if one appears or not). Little or no permeable area, or open space was provided.

Construction began early in 2013.

In May a framework for balconies appeared over Balaclava Road and Elmhurst Road. Although impressions of the completed building had been put on hoardings around the site it was not apparent balconies were projecting over the street (and casual observers probably did not consider such a thing possible). Clarification was repeatedly sought from the local council. A building inspector said he had visited the site and suggested the projections were verandahs rather than balconies and that they were in accordance with the permit. The permit stated that these balconies should not impinge more than 1 metre into the public domain.

An inquiry was made at the council office to see the plans for the development. The plan showed balconies extending over both roads. The plan was approved on 10 September 2010. At least three extensions of time must have been granted.

There was also a request to see the planning permits for the site. A member of council staff said that the request would incur a fee of $52 for the ‘history’ of the site. Section70 of the Planning and Environment Act was cited: “The responsible authority must make a copy of every permit that it issues available at its office for inspection by any person during office hours free of charge.” A staffer said she would get a copy of the permit and went away.

She came back without the permit and accompanied by a man named ‘John’ who said he was an enforcement officer. John explained that viewing of the permit was not necessary as it was ‘more or less’ the same as the VCAT order.

Glen Eira Council said there would be a delay in providing the permits because the permits had to come from archives offsite. A couple of weeks later, council said that the files could not be located in the archives, and later still that the files had been located and forwarded to the council, but had been mislaid in the council offices. Further inquiry was met with polite but firm hostility – more inquiry was not welcome, and council would forward advice when the files were found. That was weeks ago, and the advice is still not forthcoming.

And what of the public space occupied by developers in this way?

In the case of 175 Balaclava Road, if setback and permeability rules had been applied it is likely that two units would have to be removed from the development – a loss of over $1million to the developer. The occupation of public space over the footpath is equivalent to a gift of at least $50,000 to the developer. Indeed the developer advertises the ‘private’ ‘huge balconies’ as a key feature of the place.

On May 6th this publicity was downloaded –

SMALL BOUTIQUE DEVELOPMENT – HUGE STAMP DUTY SAVINGS! – 1 + STUDY

175 BALACLAVA ROAD – CAULFIELD

 Selection of designer 1 and 2 bedroom apartments starting from $450,000. Buy now off the plan for massive stamp duty savings. Ideally suited to owner occupiers or the astute investor. In a sought after location close to shops, cafes, bars, Monash University, Chadstone Shopping Centre, parklands and with easy access to public transport and within close proximity to the CBD.

 Features include: high quality fittings throughout, designer kitchen with granite bench tops and glass splashbacks, reverse cycle air conditioning, security entrance, individual secure undercover car park with storage cage, huge balconies, open plan living.

 Charles Marvelli: 0423 530 172

On Friday 24 May 2013 the Estate Agent for this site rang back to tell me there were 3 units left, a ground floor unit with one bedroom and a study was selling at $550,000, while a two-bedroom unit on the first storey was $612,000. The units would become available early next year.

According to the ‘responsible’ authorities spoken to at local and state government level there are no rules regarding the occupation of public space by developers. It is terra nullius – free for the taking, by developers at least. Our loss their gain, all facilitated by government authorities and the courts.

Who bears the legal liability for private occupiers of public open space? Is it the council (and therefore rate payers) who issued the permit? Who has the right of use of this public space? Is it exclusive to the building occupant? Is a homeless person who sleeps on a balcony occupying public space committing trespass? Can someone store goods there rent free? Can anyone attach posters or banners to these balconies? If there’s an accident who pays? What is council’s policy on allowing developers to extend into the public realm?

Reflecting on my experience with the above, it is clear that

1/ It is often very difficult to discover what the history of a development is, especially when conducted over such a long time frame. Many residents come and go in that time.

2/ The operation of planning in Glen Eira, and in the State, is unduly complex and not especially transparent.

3/ There is a distinct lack of clarity in the operation of planning rules – in Glen Eira and in  planning generally there is a strong tendency for abandonment of rules in favour of development of any kind. Exception is the rule.

4/ Developers, Glen Eira Council and VCAT appear to use complexity in planning schemes and processes to subvert opposition from communities.

5. Council’s planning register which is a legal requirement is far from accurate and up to date. Much detail in missing and even what’s there is impossible to decipher.

Simple planning rules would be adequate – areas for development prescribed, mandatory height limits applied, and open space and permeable areas mandated on a scientific basis.

Where planning rules and their implementation is not transparent the public is right to be suspicious.

++++++++++++++++++++++

COMMENT

Worthy of mention is the fact that we believe that some of the public questions that suddenly went astray and hence weren’t read out by Burke, concerned this development and these issues! Questions galore arise:

  • Does the community receive any compensation for this encroachment on public land? If not, why not?
  • Does council have a policy on such issues? Where is it? Other councils do have extensive policies that state clearly the conditions upon which public land can be used and the cost to the developer. (uploaded here)
  • How many other ‘gifts’ have developers received from Council – especially in residential areas?
  • Why have so many standards contained in the planning scheme been ignored – ie setbacks, excessively high walls on neighbouring properties, failure to respect neighbourhood character and countless others?
  • What does all this say about council’s mandatory record keeping processes?
  • Why are residents subjected to false claims for payment?
  • Is there a ‘cover-up’ going on here?

We’ve also received the following photographs: (a) the developer’s ‘vision’, and (b) the construction phase at two different angles and at different time periods.

balconies

balcony2-1

bala2p-1

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