GE Planning


The Leader story below is the result we presume from another public question that was asked at last council meeting and as per norm, was woefully responded to. Also included is an online comment from a resident.

Bentleigh open space concern

13 Aug 12 @  02:16pm by Jessica Bennett

The Clover Estate at East Bentleigh

The Clover Estate at East Bentleigh

A BENTLEIGH EAST man is concerned that despite Glen Eira having the lowest amount of open space in Victoria, it is taking cash contributions instead of building new parks.

Newton Gatoff said a subdivision on the corner of Ellen and Malane streets, to be the Clover Estate, included 50 blocks that in 2010 sold to a developer for $52 million.

Mr Gatoff, who intends to run for Glen Eira Council in the November elections, said when a new subdivision was over a certain size, land was required to be set aside for its residents for open space.

But under the Subdivision Act, a council can accept payment in the form of a public open space levy from the developer instead, as was the case with Clover Estate.

“Glen Eira Council is not using the open space money for what it was intended,” Mr Gatoff said.

“Glen Eira has the lowest amount of open space for a council in Victoria.

“Where did the money go and where is our park?

“They are legitimate questions that never received an answer.”

Glen Eira Council spokesman Paul Burke said the public open space contribution required by the original permit was 4.5 per cent of the land value ($450,000) paid to the council in May.

He said money collected via an open pace contribution must be spent on land acquisition for open space purposes or improvements to existing open space and council had significantly spent on both, including re-seeding sporting ovals and parks and installing water efficient drip irrigation systems.

Bert Haskins writes: Posted on 14 Aug 12 at  08:29am

This Council loudly proclaims it actively looks for opportunities to increase Glen Eira’s public open space yet their record is abysmal.  As developers continue to ravage Glen Eira which results in even less open space per capita, this Council focusses on building supersized pavillions and carparks that are underutilised and consume more open space, planting warm season grasses and concrete plinthing.  At the same time Council either dismisses out of hand the opportunity to expand open space by purchasing the heavily discounted Alma Club or let’s the windfall land of the Booran Road Reservoir remain derelict for over 10 years .

 

590 Orrong Road Update

STONNINGTON TO CHALLENGE VCAT DECISION AT SUPREME COURT

Stonnington Council will appeal the recent VCAT decision on 590 Orrong Road, at the Supreme Court, based on an ‘error of law’.

The Victorian Administrative Appeals Tribunal (VCAT) had ruled in favour of Lend Lease, in July, granting a permit for a major, controversial development at 590 Orrong Road and 4 Osment Street, Armadale, which drew significant community objection.

Stonnington Mayor, Councillor John Chandler said: “Council’s focus on appealing the VCAT decision is based on legal advice that there is an ‘error of law’ to be pursued, which presents the potential for a different decision to have been reached.

“The legal opinion considers that an error of law could be established, principally based on the tribunal’s express statement that “the number of objections to the proposed development was an irrelevant consideration.”

Cr Chandler said: “It is considered that VCAT failed to give due regard to significant community input and has made a decision that is not supported by the local community or Council. In Council’s view, the decision reflects a lack of consideration of neighbourhood character or respect for local community concerns around appropriate development.

“Council remains committed to seeking an appropriate planning outcome for the site.”

Documentation was lodged on Monday 6 August for Stonnington Council to be granted leave to appeal to the Supreme Court.”

Source: Stonnington Council Media Release. There’s also an article in today’s Age by Jason Dowling. See: http://www.theage.com.au/victoria/supreme-court-challenge-to-armadale-complex-20120810-24017.html

No surprises that other councils such as Yarra and Kingston are on the front foot when it comes to speaking their mind, and encouraging residents to participate in feedback to Matthew Guy’s recently announced shakeup of the planning system. Glen Eira on the other hand is once again SILENT. Nothing on the website, nothing in chamber except for a few mumbled sentences, but certainly no indication that Council is inviting public comments and urging residents to have a say. We remind readers that not for the first time has this council put in submissions that were drafted behind closed doors (in secret) and submitted without a formal council resolution – ie VEAC submission, Parking Review & Speed Limit Review. We anticipate that exactly the same thing will happen here – that is, if council even bothers to put in a submission. Our major concern of course is governance and how submissions made in council’s name, and of such importance, do not warrant an agenda item and thus formal and legal endorsement via council resolution. It’s staggering that other councils continually publish their draft submissions. In Glen Eira, everything is secret and a travesty of good governance.

Below we present Yarra Council’s Media Release, then Kingston’s appeal from the Moorabbin Leader.

CITY OF YARRA

Concerns about State Government’s zoning proposals

24 July 2012

In mid-July 2012, the Minister for Planning announced that some changes were to be made to Victoria’s planning zones.

The Government is seeking feedback on the proposed changes by 21 September.

Council encourages community members to look into what is proposed as the changes are likely to have a significant impact in Yarra.

Council staff have undertaken a preliminary assessment of the changes and understand that the changes could result in the following:

  • In business and some      industrial zoned areas, a supermarket of up to 2000 square metres with an  additional 500 square metres of shops could proceed without the need for a  planning permit
  • In some of the residential zones, small shops, offices and cafes could proceed without the need for a  planning permit if they are within 100 metres of a business/commercial zone and if they share the same street frontage.
  • Medical centres of up to 250 square metres could proceed without the need for a planning permit in all of the proposed residential zones.

The changes could therefore mean that some developments and changes in land uses could go ahead without public input and Council assessment under the proposed zone provisions. Significant changes could occur in local neighbourhoods without an opportunity for community members to lodge formal objections and without an opportunity for Council to weigh up the issues and decide whether or not to issue a permit.

For more information on the proposed zoning reforms and how you can have a say, visit the Department of Planning and Community Development website.

You may also be interested in the State Government’s intention to prepare a new metropolitan planning strategy. More information on that project is also available on the Department of Planning and Community Development website.

Kingston Council wants comments on planning proposal

 

KINGSTON Council is urging residents to have their say on the biggest change to planning rules in decades.

The State Government’s proposed new planning zones will have the potential to make a big impact on many Kingston neighbourhoods, as well as green wedge areas.

The neighbourhood residential zone will be the toughest of the new zones.

It will allow councils to restrict the number, height and block size of new homes.

The reforms will also make agricultural operations in green wedge areas easier by getting rid of the need for planning permits.

Public feedback on the proposed changes is open until September 21.

Kingston Mayor John Ronke said the council hoped to include residents’ views in its submission.

Residents must contact the council by August 6.

Planning Minister Matthew Guy said the neighbourhood residential zone gave planning power back to councils.

But Opposition spokesman Brian Tee said the new rules would protect only Melbourne’s wealthier suburbs from developers.

Jessica Wray

Trucks would cause chaos 

REGARDING the plans for the recycling plant in Glenhuntly Rd, Carnegie, traffic and noise are already issues in this area given on-road parking, the trams and a level crossing down the road.

Trucks coming and going will cause further traffic congestion and noise, not to mention the dust and pollution local residents and businesses will have to deal with.

I can only imagine how teachers and parents at Glen Huntly Primary will feel about children walking to and from school in the new ‘‘industrial’’ Carnegie. Hopefully, Glen Eira Council will dismiss this proposal immediately.

Given the application to rezone the area and build residential apartments next door, I wonder how the proposals will affect one another. Who wants to buy an apartment next door to a rubbish factory? 

Axe the plan immediately 

THIS is a ridiculous proposal for the area. The council really needs to stop this without delay.

Imagine the dust and noise 

I HAD the misfortune of walking past this place when they were operating without a permit. They dumped a load of old bricks and the noise and dust was unbelievable.

It’s the wrong place 

I THINK it’s disgraceful in this day and age that they would allow people’s lives to be affected in such a thoughtless way by toxins, fumes and noise. These places belong in outer industrial zones and not in the middle of residential areas near schools, flats, aged people’s homes and so on.

Hand over the permit 

SURELY someone can do something to stop this ridiculous plan. Is this a grab for rates from Glen Eira Council? If the council has no rateable property outside residential areas it should give the planning permit to neighbouring Kingston or Monash, who have plenty of vacant land.

We raise an issue that has important ethical implications about the interdependence of developers and council planners. Two questions stand out:

  1. How ‘impartial’ should a council planning officer be when he/she drafts the report to council?
  2. To what extent should officers’ reports to council be an almost verbatim transcript of the developer’s proposal or, if not verbatim, then a very close paraphrasing of the application?
  3. To what extent do officers rely completely on developers’ reports and to what extent to they do their own homework and investigations?

We focus here on two documents related to the proposed C80 amendment which seeks to rezone parts of Glen Huntly Rd in order to create a 5 storey, 62 unit dwelling with car parking waiver. Part of this site also featured in this week’s Leader, since there is another application in to create a recycling facility on a section of this proposed rezoned land. (See our previous post: https://gleneira.wordpress.com/2012/07/31/pilling-foot-in-mouth-disease/)

We’ve located the Urbis ‘Planning Permit Report’ (104 pages) and compared this with the five and a half page officer report presented to councillors. It’s important to note that of this five and a half pages, more than two are taken up with the usual preliminaries and protocols – ie the processes involved in seeking amendments, and an opening page which outlines the proposal, plus the aerial view of the site. That leaves roughly 3 pages upon which councillors have to make their decision. Hardly adequate we believe! And especially inadequate when justification for recommending the proposal rests on such nebulous language as ‘appropriate’, “consistent”, “adequately cater”, etc.  This is the part that is important. The rest of the item consists of architect drawings and a ten page draft Permit Application. We doubt that any councillor actually read this ‘permit’!

We’ve extracted some paragraphs from the Urbis report and compared this with the council planner’s effort. The selective plagiarism should be obvious to everyone and makes us seriously question not only the ethics of this, but also whether council planners by quoting, or paraphrasing so liberally can be seen as impartial adjudicators?

THE URBIS REPORT

COUNCIL OFFICER’S   REPORT

“The   proposed amendment provides opportunities for new economic growth and   additional housing supply within the Glen Huntly Activity Centre. The   existing N3Z applied to the subject land is designed to encourage the   development of industries and associated uses which are becoming increasingly redundant within this area. This is evidenced by the number of vacant   premises within the subject land. The rezoning of the land to B2Z allows   for a different mix of possible land use outcomes that would be consistent   with the Glen Huntly Activity Centre.” The existing Industrial 3 Zone (IN3Z) applied to 1232-1258   Glen Huntly Road, supports industries and associated uses, which are becoming increasingly redundant within   this area. This is evidenced  by the number of vacant premises and nonindustrial uses operating with the area. Also the industrial zoning   currently prohibits any residential use/development on the land (other than a   caretaker’s dwelling).

Therefore the rezoning has the potential to create   opportunities for economic growth and additional housing supply consistent with the Glen Huntly Neighbourhood Centre.

 

“The   majority of the subject land is currently zoned for industrial use. A Site Assessment   Report, prepared by Douglas Partners has indicated that a number of the sites   have had past and current land uses that are considered to be of medium to high potential for contamination,   including 122 Grange Road, Carnegie. Therefore the amendment seeks to   implement an Environmental Audit Overlay to the land to ensure that it is suitable for any future sensitive uses. A   chronological land use history of all the sites has been undertaken to   identify whether  the land is potentially contaminated. Based on these findings it is considered that   there is medium to high potential for contamination. Therefore the application of an Environmental Audit Overlay (EAO) to all of the land is required, to ensure  that the land is suitable for any sensitive use, such as residential, in the future.

 

“The   Framework Plan identifies the land as being located within a Neighbourhood   Activity Centre (NAC). It is important   to note, that the activity centre designation of the Glen Huntly is different   from (sic) State Government’s   perspective under Melbourne 2030. The B2Z encourages a range of office   and associated commercial uses, which complement the core retail uses of the   centre and achieve the desired strategic outcomes for an activity centre of   this level.” The   rezoning of 122 Grange Road from Residential 1 to Business 2 is considered appropriate and will reflect the long term commercial use that has operated on the land since the 1950s. It will also facilitate future mixed use redevelopment opportunity of  this prominent corner location.

It is important to note that there currently is a discrepancy between State and Local Planning Policy in regards to the identification of the Glen Huntly Activity Centre.

State   Planning Policy identifies Glen Huntly as a Major Activity Centre (MAC). Council’s Local Planning Policy identifies this area as a Neighbourhood Centre.

 

 

 

The following stems from another public question asked at last council meeting. Whilst the original question is admittedly long and not numbered, we have attempted to organise the question and answer along some logical lines. This proved to be a most difficult task given that there is no real connection between what is asked and the response! All the questions relate to parking and traffic management in an upcoming Murrumbeena development. 

Why hasn’t the council been pro active knowing that post development there will be traffic and parking issues?  

Answer – William Street, Murrumbeena is situated within Council’s Housing Diversity Area. A key reason for this designation is the good access to public transport (including Hughesdale Railway Station) which provides opportunities for residents and their visitors not to use private vehicles. Development is therefore directed towards these areas.

What are councils plans regarding parking and traffic flow in and out of William st knowing that reports are already available.? 

Answer – It is acknowledged that some additional vehicle movements will be experienced in William Street as a result of the new development however State Government Planning Guidelines state that reasonable traffic volume targets for local access streets are variously between 1,000 – 3,000 vehicles per day.  

Why does the council continue to fail the residents and stakeholders regarding this development?  

Answer: Council annually receives many requests for traffic management works but resources for works of this type are finite requiring prioritisation of resources. Resources are directed to those streets in greatest need of attention (not where new rateable homes are provided). Council operates a warrants system whereby streets are prioritised for attention on the basis of objective criteria including vehicle speeds, traffic volumes, reported crashes, peak hour traffic volumes and land uses (activity generators).

Why cant the the council be proactive and involve the residents and stakeholders with and open forum to appease concerns regarding access in and out of William st let alone parking post development? 

Answer: Traffic counts will be undertaken following the occupation of the new apartments to determine the number of vehicles using William Street. 

It is obvious that there will be traffic issues in William st post development, imagine 50 cars trying to get in and out of Poath rd in peak hour. keeing in mind cars parked in the street.  

Answer: It is not appropriate to assume that traffic and parking impacts after construction will be unreasonable. 

The resources are available as there is 41 new rateable homes, The information regarding traffic management is available and already supplied.  

What is the councils plans to assit and appease the residents and stakeholders concerns regarding traffic and parking in William St Murrumbeena?”

Answer: Once data is collected in William Street, it will be added to this list to determine its priority for traffic management works.

 

Application lodged for Carnegie Recycling Plant

Residents are facing the prospect of a recycling plant in the unlikely location of Glen Huntly Rd, Carnegie.

An application to build the plant to recycle plastic, foam, timer, metal and bricks at 1254-1258 Glen Huntly Rd is open for objections until August 3. The site also subject to a rezoning application, is 650m from Glen Huntly Primary School.

Trucks would bring materials to the site throught the day. Dust, noise and traffic congestion were worries raised by nearby homeowners. Sam Zervides, who lives nearby with his wife, Helen, said the plant would wreak havoc on the “prime residential area”.

Dust, noise and traffic jams were worries raised by Adrienne Tomzai and other homeowners. “we are completely shocked – this is not an industrial area,” Mrs Tomzai said.

Mrs Zervides said she had not received any written notification of the application, despite living so close. Deputy Mayor Neil Pilling said the council had followed protocol. He said worried residents should lodge objections.

The Leader was unable to contact the plant’s applicant.

Radical Plan for Racecourse

Andrea Kellett

Caulfield Racecourse Reserve is set for a dramatic shakeup. The new chairman of the reserve’s board of trustees, Glen Eira councillor Jim Magee, has vowed to end racing’s stranglehold on the land and return it to the people. He also wants to make the board “more accountable” and end the days of “secrecy” surrounding management of the crown land.

“The racecourse belongs to you and me not the MRC”, he said last week. He is also looking to increase the Melbourne Racing Club’s annual rent on the reserve land from $77,000 to a “more realistic” $1 million and phasing out training at the racecourse.

“I will put together a licensing agreement for what the centre of the racecourse can be used for and as part of that I want to see more public access and the moving of training from the racecourse” he said.

He has sought legal advice about changing the way the board of trustees operates, including making meetings open to the public.

Cr Magee intends to hold a board meeting next month where he will call for a vote on many of the changes.

Melbourne Racing Club spokesman Jake Norton said the club did not wish to comment.

PS: LEST WE FORGET!!!!!!

From the minutes of 15th March 2011

Crs Penhalluriack/Forge

That Council invites authorized representatives of the Melbourne Racing Club to meet with Councillors to discuss future arrangements, including timetables, for the sharing of the Caulfield Racecourse Reserve Crown Land. The Mayor shall open the meeting and introduce Councillors Forge and Magee who shall explain, using overheads, Council’s position. The meeting shall then be open for all Councillors and MRC representatives to contribute. The meeting shall be minuted.

DIVISION

Cr Penhalluriack called for a Division on the voting of the Motion.

FOR                                                    AGAINST

Cr Penhalluriack                                Cr Pilling

Cr Forge                                             Cr Tang

Cr Magee                                            Cr Esakoff

Cr Lobo                                              Cr Lipshutz

                                                              Cr Hyams

On the basis of the Division the Chairperson declared the Motion LOST.

 

Crs Lipshutz/Hyams

That Council authorize Andrew Newton, Chief Executive Officer, Cr Margaret Esakoff, Mayor, Cr Michael Lipshutz, Chair of the Caulfield Racecourse Precinct Special Committee and Cr Jim Magee, member of the Caulfield Racecourse Reserve Trust, to meet with representatives of the Melbourne Racing Club to put Council’s position in relation to the improvements to the centre of the Racecourse, after which they will report back to Councillors promptly and in detail. Any decisions would be made by Council resolution. 

The SUBSTANTIVE MOTION was put and CARRIED.

This is a contentious post because it asks the most basic questions – how should a council support its residents? What is the best way for a council to ensure that it is protecting the amenity of its residents? How much money should be expended on defending council planning decisions and supporting resident objectors? Is it better for example, to spend half a million dollars on erecting concrete plinth curbing in Caulfield Park, or using this money for expert testimony at VCAT? How much money should a council spend in defending its decisions at VCAT?

Glen Eira spends practically zilch on outside ‘experts’ – except when it suits their agendas! We’ve taken the time to go through various councils’ VCAT appearances and to note how often they employ outside expertise. We draw no conclusions as to outcomes. We’ve simply gone through sequentially 20 decisions for each of Glen Eira, Kingston, and Bayside and ask readers to once again compare how Glen Eira operates, in stark contrast to these other councils. They do not appear to have too many qualms in hiring experts to defend their cases. They spend rate-payers’ money trying to defend council decisions and supporting residents. Glen Eira cannot claim the same.

Below are tables for each council. Please note that the 2 times that Glen Eira hired ‘outsiders’, these cases involved the MRC where council’s lawyer practically did all the work for the MRC, and its ‘valuer’ when a resident objected to increased valuation on their property. All the rest of the time council officers have presented the case. It then becomes highly questionable whether these same officers, who possibly recommended the permits or conditions, can actually then turn around and argue against the original recommendation!

VCAT   HEARING

COUNCIL   REPRESENTATION

Pascoe   v Glen Eira CC Officer
Younes   v Glen Eira Officer
Baxas   v Glen Eira CC Officer
Imperium   Design v Glen Eira C Officer
Furman   Construction (Vic) Pty Ltd v Glen Eira CC Officer
Fredman   Malina Planning v Glen Eira CC Officer
Chipp   v Glen Eira CC (Correction) Officer
Sharp   v Glen Eira CC Officer
Healy & Anor v Glen Eira CC &   Anor Mr I Pridgeon, solicitor, Russell   Kennedy
Mokro   Pty Ltd v Glen Eira CC Officer
Arch   10 Pty Ltd v Glen Eira CC Officer
Blue   Wolf Development Group Pty Ltd v Glen Eira CC Officer
Glenhawk   Pty Ltd v Glen Eira CC Officer
Cullity   v Glen Eira CC Officer
Delanex   Pty Ltd v Glen Eira CC Officer
Popov   v Glen Eira CC & Ors Officer
Elfman   v Glen Eira CC Officer
Stanjkiewicz   v Glen Eira CC & Ors Officer
Glavinic   v Glen Eira CC Mr John Kennedy, of Patel Dore Valuers Pty Ltd appeared for the   respondent municipality. (Note: this was about a resident contesting Council’s rate valuations!)

 

Gryngras   v Glen Eira CC & Ors Officer
Homes   v Glen EiraCC Officer
B   Central Development Group v Glen Eira CC Officer
McCabe   Architects Pty Ltd v Glen Eira CC Officer

 

BAYSIDE

APPEAL

REPRESENTATION

Asmar v Bayside Mr B Mcilrath, Solicitor, of Maddocks

 

Roach v Bayside Officer

 

Premier   Projects Pty Ltd v Bayside Officer
Tan &   Anor v Bayside Officer
Haileybury   v Bayside Mr Jason Kane, Barrister by direct brief.

 

Hotel   Brighton Pty Ltd v                                                                       Bayside Ms Kim Piskuric, solicitor, of Maddocks

 

Baker v Bayside   CC Officer
Diecke v Bayside Officer
R K Tech   Studios v Bayside Officer
de Silva v   Bayside Officer
Gyopar   Holdings Pty Ltd v Bayside Officer
Spernat v Bayside Mr B McIlrath, Solicitor, Maddocks

 

Manotti   & Ors v Bayside Officer
RJL   Properties Pty Ltd v Bayside Mr Jason Kane, Barrister by direct brief.

 

Clarendon   Property v Bayside Mr Jason Kane by direct brief.

 

Chambolle   Holdings Pty Ltd v Bayside Mr J Kane of Counsel by direct brief, and Ms N O’Leary, Statutory   Planning Co-ordinator. Evidence was called from Mr B Raworth, Conservation   Consultant and Historian of Bryce Raworth Pty Ltd.

 

Peter   Wright & Associates Pty Ltd v Bayside Mr Darren Wong, Solicitor of of Maddocks.

 

Nates   Adams & Associates Pty Ltd v Bayside Officer
Foy v Bayside Mr J Kane, Barrister, Direct Brief

 

Abdou v Bayside Mr Jason Kane, barrister, direct brief

 

 

KINGSTON

APPEAL REPRESENTATION
Pace   Development Group Pty Ltd v Kingston CC [2012] VCAT 831 Mr Cameron Gentle, town planner of Hansen Partnership Pty Ltd.
Takla   & Anor v Kingston CC [2012] VCAT 820 Officer
Rodlink   Pty Ltd v Kingston CC [2012] VCAT 694 Mr Redmond McNamara, town planner of Hansen Partnership Pty Ltd.

Evidence was called from Mr Chris Coath, traffic engineer of GTA   Consultants

 

Transpacific   Waste Management Pty Ltd v Kingston CC & Ors Mr Ragu Appudurai, Solicitor, and Mr Stefan Fiedler, Solicitor, of   Russell Kennedy.

They called the following witness:

Robert Henry Amaral, Geotechnical Engineer

Fastnet   Consulting Pty Ltd v Kingston CC (Correction) Ms. Maggie Ene, Town Planning Consultant, Brown & Tomkinson

 

Frederick   Nudel & Associates v Kingston CC [2012] VCAT 611 Officer

 

Tsganas v   Kingston CC & Ors [2012] VCAT 602 Mr R   McNamara, Planning Consultant, Hansen Partnership
Camelia   Woods Pty Ltd v Kingston CC [2012] VCAT 551 Mr Cameron Gentle of Hansen Consultants.

 

Guastella   v Kingston CC (Correction) [2009] VCAT 2015 Mr Peter Soding (planner) of Tixxis Pty Ltd

 

Di Cosmo v   Kingston CC [2012] VCAT 93 Mr Cameron Gentle, town planner of Hansen Partnership

 

ARPC   Consultants Pty Ltd V Kingston CC & Ors Mr Gary Wissenden, Town Planner of Hansen Partnership

 

Pace   Development Group v Kingston CC [2012] VCAT 38 Mr Stuart Morris QC, barrister, assisted by Mr J Dabscheck, solicitor,   Maddocks

He called the following witnesses:

  •   Mr Robert McGauran, architect and   urban designer, McGauran Giannini Soon Pty Ltd
  •   Mr Craig Czarny, urban designer,   Hansen Partnership Pty Ltd
  •   Mr Chris Coath, traffic engineer, GTA   Consultants

 

Boxtel   Homes Pty Ltd v Kingston CC [2012] VCAT 3 Mr G Wissenden, Town Planner of Hansen Partnership.

 

Boxtel   Homes v Kingston CC [2011] VCAT 2208 Mr Gary Wissenden, Town Planner of Hansen Partnership Pty Ltd.

 

Rushworth   & Ors v Kingston Officer
Taylors   Development v Kingston Officer
PMC   Developments Pty Ltd v Kingston Ms Fiona   Slechten, planning consultant of Brown & Tomkinson Pty Ltd.
Bjbac Pty   Ltd v Kingston Mr Cameron Gentle, town planner, Hansen Partnership Pty Ltd

 

Murray v Kingston Mr Peter Soding, Town Planner of
  Tixxis Pty Ltd.

 

Salemi v Kingston Mr Redmond   McNamara of Hansen Partnership

 

 

 

Planning for disaster

July 15,  2012
 
Michael Buxton

Melbourne already has 30 years of land supply but Ted Baillieu  and Matthew Guy want more.

Illustration: Matt Davidson.Illustration: Matt Davidson.

HOPES have faded that the Baillieu government would continue the moderate  approach to land use of former premier Sir Rupert Hamer. Instead this is  government in the Jeff Kennett style.

The Baillieu administration is rushing to change the Victorian planning  system, with radical deregulation changing Melbourne irrevocably for the  worse.

Planning Minister Matthew Guy has advantaged a select group of landowners by  adding their 6000 hectares to the recent 43,000-hectare increase in Melbourne’s  area. Guy cynically dubbed this process ”Logical Inclusions” but it is wholly  irrational.

A land glut has been created as demand for outer urban housing has crashed.  Developers quickly added new home subsidies to the price of housing. Subsidies  encouraged new home buyers to borrow heavily in the belief that land prices  would always rise. Now they are falling, potentially trapping the most  vulnerable in a debt crisis.
Melbourne has 30 years’ land supply at world’s lowest densities. Yet Guy  perseveres, adding land to potentially enrich a few at the expense of the many.  Melbourne cannot afford premiers and planning ministers who get land markets so  disastrously wrong.

Almost every outer urban council has chronicled a growing catastrophe of  inadequate infrastructure and jobs. Governments cannot afford to meet the rising  costs of outer urban infrastructure. This failure and car-dependent urban design levies crippling running costs on to many outer  urban householders.

Baillieu and Guy show a single-minded intent to finish the job Kennett and  his Planning Minister, Robert Maclellan, started. This is part of a systematic  confrontation. Melburnians should get ready for a rough ride – the planning  battleground until now will be just a skirmish to this coming war.

New planning zones will protect relatively small areas of historic housing,  open up other residential areas to major growth and leave much of Melbourne with  little protection against piecemeal redevelopment. The government clearly thinks  it is clever to satisfy some influential resident groups while giving the rest  of Melbourne and Victoria over to developers.

New commercial zones will lead to a retailing and commercial free-for-all.  Much of Melbourne’s historic strip shopping centres will be demolished or  distorted to facades in front of medium and high-rise development. Struggling  centres will feel additional pressure from a broad range of allowed uses and  expanded bulky goods complexes.

Another blow is directed at Melbourne’s green wedges and rural areas. The  government will allow large-scale commercial development through hotel,  conference and restaurant complexes in beautiful places such as the Upper Yarra  Valley and Mornington Peninsula. An extended range of accommodation types will  be allowed.

Rural subdivision will be encouraged, creating thousands more small rural  lots on some of the world’s most fire-prone land. Already, well over 50,000  allotments exist in Melbourne’s hinterland. Why do we need more?

Matthew Guy’s new planning system will also allow the unrestricted expansion  of industrialised farming on rural land. There is a need for such massive  structures, but the previous farming zones tried to confine them to acceptable  areas.

The process this government is following in introducing its changes is also a  concern. Guy withheld the details of new zones to sell his message before its  full impact is realised  hoping that bad news in the fine print will be  overlooked when eventually revealed. This is a cynical attempt to manipulate  public opinion.

This government revels in its blatant advantaging of vested interests. It  provides unrestricted access to property groups and openly panders to them. Many  of the new uses and developments will be allowed without the need for planning  permits with no right of resident notification, objection or appeal. There are  going to be a lot of very unhappy Victorians.

What could have been done instead of assailing the last vestiges of the Hamer  legacy? Most people agree the Kennett planning system is a disaster, one of the  world’s largest, most complex, costly and uncertain. These problems can be fixed  by rules that state clearly what is and is not allowed. Prohibitions for  inappropriate uses as much as allowing minor uses without the need for permits  provide certainty.

Like most of the world’s planning deregulators, the Baillieu government says  it will provide certainty for ”mums and dads” and small businesses. But this   is a smokescreen for pandering to big business. Rewarding the powerful and  connected is the real motivation. Allowing developers to build dysfunctional  suburbs, big retailers to destroy small business and big agriculture to ruin  landscapes will advantage only them, at massive cost to everyone else. There is  nothing rational about this unless you are a recipient of the largesse.

The cities that  survive this century will be those that protect their vital  resources. Melbourne’s greatest long-term assets are its people and its  environment. Amenity is almost everything to a city. It is right to intensify  mixed-use activity centres near public transport nodes but not at the expense of  our built heritage. It is madness to even contemplate the destruction of our  Victorian and pre-war strip shopping centres. These are among the city’s  greatest economic assets, attracting innovators, investors and a broad range of  economic drivers.

The natural resources and environment of Melbourne’s hinterland similarly are  vital to the city’s future prosperity and success. We destroy them for the  short-term gain of a few at our peril.

■Michael Buxton is environment and planning professor at RMIT  University.

Read more: http://www.theage.com.au/opinion/politics/planning-for-disaster-20120714-222v5.html#ixzz20eFXXTd5

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