GE Planning


Council can move at supersonic speed, but only when it wants to!

The planning application for the centre of the racecourse was advertised in the Leader with the closing date for objections listed as the 8th August. We’ve now learnt that the planning conference for this application will be held on the 15 August – that is, one week later! Given that it usually would take at least 24 hours for objectors to be notified by mail, we  assume that most people wouldn’t receive their letters until the Wednesday – at  the earliest! We simply ask – what’s the rush? Why is there such a short time frame between the close of objections and the actual planning conference? Even  more suspicious is the fact that the VEAC report is scheduled to be made public  on the 8th August.

We’ve commented before on the inverse correlation that is a clear  trend in the way that this council approaches notification to residents regarding  planning issues. Far too often we find:

  • Poor and negligible publicity and/or advertising
  • Missing files
  • Not all objectors officially notified

The list goes on and on.  We simply assume that this is just part of the  overall agenda – anything to do with the racecourse is rushed through, kept as  quiet as possible, and signed off on with very little debate, argument, and/or  consultation. If the MRC can remove their application at a moment’s notice (ie the April 4th meeting), then Council can surely timetable a planning conference that gives residents time to organise their lives, read the VEAC report, and submit carefully crafted objections.

From the VEAC website:

Final Report

A final report was submitted to the Minister on 1 August 2011.

The report will be available to the public from 8 August 2011.

At the last council meeting, one item in particular highlighted the schemozzle that is the current Planning Scheme. It focused on transition zones between Diversity Areas and Minimal Change Areas. The application was on Dandenong Rd – Item 9.2 in the agenda.

This is not the first time that the issue of high rise/multiple storeys adjacent to minimal change areas has cropped up. Several meetings previously Penhalluriack noted the failure to address the issue of transition zones. Here’s what Magee said last week on this application:

MAGEE: (on the surface looks okay but had) the opportunity to stand in the back yard of one of the houses (affected) ….what I was faced with was looking up….(and seeing in time) 3 storeys of concrete looking down over a back garden…Problem I have is in diversity areas it’s all well and true and fitting…..but over the back fence is minimal change….so really what we’re imposing on minimal change is a housing diversity area…..I don’t know where you draw the line….do we respect the minimal change or do we respect the housing diversity area? I don’t think we can do both….I couldn’t live to doing that to someone (neighbours)…..(he chose minimal change to live in so that there wouldn’t be tall building next to him)…and I think a lot of these people have done exactly the same and I think it’s unfair of us to do that….

Even more damning is the fact that in August 2007 Spaulding and Esakoff requested a report on:

“That a report be prepared outlining what planning mechanisms/ tools are available to provide greater certainty for development outcomes in the buffer area between Housing Diversity and Minimal Change areas.”

We note:

  • 4 years on, nothing has changed except that the problem has worsened
  • Logic is again a severe casualty in the report – ie. no need for prescriptive criteria since VCAT doesn’t have to adhere to them!!!
  • The report itself is full of self congratulations so that the recommendation is that nothing be done since Glen Eira is handling the problem marvellously well. We’ve uploaded the ‘report’ and invite comments from readers.
    (diagrams and footnotes have been left out)
  • How much longer will councillors allow this situation to continue before they demand that the Planning Scheme is amended and that proper buffer zones are included around Activity centres and Housing diversity areas that front Minimal Change Areas?
  • The ‘report’ resorts to dissembling quite often, especially in its claims that the majority of residents were supportive of the amendments. The real question is: how well did residents understand the implications of the amendment? How much information was provided?

How many more times must residents be assailed with hand wringing and ‘woe is us’ from councillors before they decide that a major part of the problem begins and ends with the Planning Scheme? When will they actually do their jobs and start setting policy?

Council and community heard on Boronia planning

Tuesday, 26 July 2011

Knox City Council will be able to consider whatever height limits it chooses in the Boronia activities centre, after constructive discussions with Planning Minister Matthew Guy.

The Council sought authorisation from the Minister to implement discretionary height controls of 7.5 metres in residential areas of the Boronia activities centre, as part of the Boronia Structure Plan by the Council.

The previous Labor Government bullied the Council and refused this request, stating it would not accept any height limit under 9 metres.

Mr Guy said he had heard the Council and the community’s concerns on the height issue, and wants the Knox City Council to be able to consider 7.5 metre discretionary height limits.

“I have listened to the community and recognise there needs to be some guidance on what is considered reasonable residential development in residential areas that adjoin activity centres. Planning should never be a ‘one size fits all’ approach,” Mr Guy said.

“It is important we support appropriate development in key defined areas while still providing protection for neighbouring residential amenity.

“I have written to Knox City Council advising I want the Council to provide me with its recommendation, not one dictated to it by the previous Labor Planning Minister. If the Council feels 7.5 metre discretionary height limits in this area can be justified, they can make that determination.”

Member for Ferntree Gully Nick Wakeling and Member for Bayswater Heidi Victoria said they supported Mr Guy’s decision to give the Council its say on height limits, and that community concerns could be heard through the council process.

COMMENTS: We’ve said it before and will say it again. Without structure plans, without interim or permanent height limits, 14 storey developments in Activity Centres are here to stay. Without properly researched and implemented transition zones Minimal Change Areas will be looking up at 5 and 6 storey developments. Without a total revamp of the Planning Scheme – in genuine consultation with residents – this Council remains a sitting duck! Residents should ask council:

  • Have you applied to the Minister for height limits? If not, why not?
  • What are your reasons (fully explained) for rejecting structure plans – (and forget cost if you’re prepared to spend a million in the coming year on car parks!)
  • Why has the housing policy not been updated for over a decade?

We’ve received an email from a resident alerting us to the following planning application –

Planning application Permit Number GE/PP-23761/2011

Property 200 East Boundary Road East Bentleigh

Proposal: Use of land as a medical centre, Beauty salon and food and drink premises and a reduction in the standard car parking and bicycle facility requirements.

This application was very surreptitiously placed against the yellow construction fence where no-one in the suburb would see it. Everyone I mention it to does not know a thing about it, though they are outraged when I tell them the news.

The subject will discussed at a planning conferance in the Yarra room at council 6.30pm on Monday 25th July.

We can’t believe they want to allow the developer the right to decrease parking to put in more shops – which we do not need! – and on the other hand they want to destroy the park to facilitate the parking requirements that should have been thought of in the first place. Just what is going on in this suburb?”

COMMENTS:

  • With the Clover Estate, GESAC, and soon the Virginia Estate, East Boundary Rd. and the many suburban streets it serves will be entirely grid locked.
  • Bicycles? If application is accepted, what does this say about the much trumpeted ‘Bicycle Strategy’ and overall ‘Sustainable Transport Strategy’?
  • We wonder how many ‘notifications’ actually went out for this development?
  • Watch this space since there is also an application in for 23 double storeys practically next door!

From Melbourne Bayside Weekly –

Caulfield racecourse plans not quite bolting ahead

19 Jul, 2011 08:49 PM
A CAULFIELD resident will try to block the subdivision of former public parkland near Caulfield Racecourse to protect it from further development. Mary Healy filed a case with VCAT against the Melbourne Racing Club because she said their intentions were unclear.Earlier this year, Glen Eira Council agreed  to swap the land, bounded by Station Street, Kambrook and Booran roads, with space at the centre of the racecourse, which is to be converted into public parkland.

The club has also appealed against two conditions the council put on the subdivision approval. The conditions relate to easements and access to the entrance of a tunnel leading to the centre of the racecourse. Both issues will be heard at the same VCAT hearing. Mediation and hearing dates have yet to be set. The club declined to comment on why it had appealed.

When the subdivision application was lodged, three public objections were received. Concerns included increased traffic, tree removal and inadequate consultation about the proposal. Residents were also worried about what the club would build on the land.

The subdivision is separate from the $1 billion residential development at Caulfield Village, which Planning Minister Matthew Guy approved last month.

Ms Healy, who lives about 100 metres from the racecourse, said she was disgusted with the Caulfield Village proposal and the land swap. She claimed Caulfield had less public space than anywhere in the state and that places where people could walk and play needed to be protected.

Call for Submissions

The Advisory Committee is consulting with the community and industry to consider all parts of the planning system.  This is the chance for all Victorians to make their views known about what works and what does not work with the system and how it should be shaped for the future.

The Advisory Committee will consider the whole planning system including the provisions of the Planning and Environment Act 1987 and how it works; the State and local policy provisions; the operation of zones and overlays; the use of  rezoning requests are dealt with.

The Advisory Committee is seeking your views. Tell us:

  1. What’s good about the system?
  2. What works well and what doesn’t?
  3. What are the ways to fix the problems and improve the system?
  4. How can the planning system be more effective and efficient?
  5. How can the planning system be made easier to access and understand?
  6. Is the present planning system right for Victoria?
  7. Are the respective roles of the State and Local Government in the planning
    system still appropriate?

Submissions are due by 31 August 2011

How do I make a submission?

  1. Download a submission coversheet
  2. Attach your comments to the completed coversheet and send your submission
    to: Email (preferred): advisorycommittee@dpcd.vic.gov.au
  3. Mail: The Chairperson Victorian Planning System
    Ministerial Advisory Committee
    c/- Statutory Planning Systems Reform
    Department of Planning and Community Development
    GPO Box 2392
    Melbourne VIC 3001

*    Please ensure your submission is received by 31 August 2011

If you require an interpreter or other help in making a submission please call Information Victoria on 1300 366 356 (local call cost) or TTY +61 3 9603 8806 (8.30am – 5.00pm Monday to Friday).

If you have any further enquiries, please contact us by email at advisorycommittee@dpcd.vic.gov.au

Important note about publication of submissions

Unless you clearly request confidentiality, submissions are public documents and may be accessed by any member of the public and may be published on the Department of Planning and Community Development’s website which is accessible worldwide. If you would like your submission to not be published, or you would like to request anonymity, you must clearly request this in your submission. Only individuals may request confidentiality, not organisations.

(Source: http://www.dpcd.vic.gov.au/planning/panelsandcommittees/current-planning-panels-and-committees/victoria-planning-provisions-and-planning-schemes-review)

Have your say on improving Victoria’s planning system

Thursday, 14 July 2011

Planning Minister Matthew Guy today announced that the public submission process on ways to improve the planning system in Victoria is now open.

“I encourage anyone interested to take part in this significant overhaul of our planning system by making a submission to the Victorian Planning System Ministerial Advisory Committee,” Mr Guy said.

“This is the chance for all Victorians to make their views known about what works and what does not work with the system and how it could be shaped for the future. This is a key commitment by the Coalition Government – to listen to the community.”

The Advisory Committee, announced last month, is calling for submissions from any person wishing to make a comment about improving the Victoria Planning Provisions, planning schemes and the planning system generally.

Under the Terms of Reference the Advisory Committee is to:

  • advise on ways of improving the planning system, including the legislative base, the structure of planning schemes – the structure of state and regional policy provisions – as well as regulations under the Planning and Environment Act 1987 and other relevant legislation;
  • categorise the range of comments and issues to allow for further assessment in light of government planning policy;
  • prioritise matters raised according to the frequency of raising and in light of Government Planning Policy;
  • inform the government of the perceived efficiency of the planning system from the varied perspectives of the users; and
  • recommend areas for further study and the preferred method for dealing with the issues arising from the findings.

Mr Guy said submissions should identify any issues of concern and suggest options for improvement and should be received by 31 August 2011.

Information about how to make a submission, together with the Terms of Reference, are available at www.dpcd.vic.gov.au/systemreview or from Information Victoria on 1300 366 356.

Advertisements calling for submissions will also be published in all major newspapers.

NOTE: The provided URL is as yet unavailable!!!!!!! We rang the 1300 number and were told that the Minister’s announcement was ‘premature’ and that the website would probably be up and running either later today or tomorrow morning. Looks like the right hand certainly doesn’t know what the left hand’s doing!

Clover Estate is now up and running thanks to an Amendment passed by Council in September 2007. The site is directly opposite GESAC and extends back in part to a Minimal Change Area. What is extroadinary about this development is:

  • No third party appeal rights.
  • When first advertised there were 173 submissions – we  believe a record for Glen Eira
  • No permit required for subdivision
  • No permit required for planning application
  • A building permit required ONLY IF CERTAIN CONDITIONS of the Development Overlay aren’t met. In other words, pretty much open slather for developers
  • The auction for these lots just happened to occur at the Caulfield Racecourse on June 18th
  • Parts of this development will encroach on surrounding streets (eg. Malane St) which has already seen numerous objections to planning applications

We’ve also checked out the Panel Report and below are some quotes from the report –

“From the submissions to the Amendment, we identified a number of key  issues that need to be addressed.  The issues raised in submissions can be  summarised as follows:

  • Traffic and parking congestion in the surrounding streets due to the increases in traffic movement and car parking.
  • Traffic management in the immediate area.
  • The future amenity for occupiers of the units and townhouses having regard to the visual and acoustic impacts of the adjacent industry.
  • Vegetation retention.
  • Potential contamination of the site from previous industrial activities.

A number of submissions relate to the development application:

  • Parking provisions for the houses and units / townhouses and potential impact upon on‐street parking and traffic congestion, while compromising safety due to the narrowness of the proposed internal roads.
  • The number of dwellings proposed.
  •  The provision of open space”.

“The DDO is structured so that a permit  is not required to construct a building or construct or carry out works provided certain design requirements are met”.

“If the requirements of the DDO schedule are met no permit is required under the DDO.  In the course of the hearing it was clear that the expectation of Council was that a permit could be sought to vary the requirements in the DDO schedule.  We think that the DDO should state this explicitly.”

“Council suggested in the hearing that the DDO should be silent on height. If the DDO is silent the provisions of Clause 55 would apply for a multi unit development.”

The existing councillors who voted the Amendment in are Tang, Esakoff, Lipshutz.

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