GE Planning


From Supporters of Caulfield Reserve

OPEN LETTER OF PROTEST

TO ALL POLITICIANS

MEMBERS OF LOCAL, STATE & FEDERAL GOVERNMENTS 

The proposed C60 Amendment for theCaulfield Villageand the Centre of the Caulfield Racecourse redevelopment will change the face of Caulfield forever. As residents of the municipality we protest in the strongest possible terms to:

  • The failure of state, federal and local authorities to  have in place a democratic and transparent process for the development of a holistic plan which involves all stakeholders
  • We decry the current situation where democratically elected councillors are denied the right to represent their constituents as a result of spurious ‘conflict of interest’ claims
  • We denounce the abandonment of the original Phoenix Precinct Plan and the progressing of this MRC proposal in a piecemeal but wilful fashion that deliberately undermines the Public view and wishes
  • We maintain that the MRC proposal fails to adhere to the underlying tenets of the Planning and Environment Act in protecting residents’ amenity
  • We denounce the failure of the current proposals to adequately consider the consequences of high rise and high density residential and commercial development on the immediate surrounding areas and the permanent social, economic and environmental damage this will cause
  • We denounce the secrecy and failure to keep the community informed as to the alleged progress of this development

 If this proposal is accepted the Caulfield and wider Glen Eira community faces the inevitable:

  • Reduction in quality of life and liveability
  • Unacceptable increase in traffic congestion, and destruction of urban amenity.
  • Loss of public open space as agreed to by the Queen Victoria grant and George VI reaffirmation of the grant in 1947
  • Economic downturn of local shopping strips
  • The ceding of Crown Land to private interests
  • Public perceptions that horses have more rights than public citizens 

We Urge All Councillors And All Members Of Parliaments To Immediately Resolve To: 

  1. Ensure the C60 Amendment is abandoned.
  2. Institute a fully representative panel to co-ordinate the development of the  Phoenix Precinct Structure Plan followed by Master Plans, and
  3. Ensure that all stakeholders are represented on this panel: Zagame Corporation,MonashUniversity, VATC (trading as) Melbourne Racing Club, Caulfield Racecourse Trustees, Victorian Government, Federal Government, and those affected by the changes – Ratepayers and/or Residents or their Representative bodies. 

SUPPORTERS OF THE CAULFIELD RESERVE

Informing Glen Eira Community 

http://melbournecommunities.org.au/caulfieldheath.html 

A comment by Reprobate, reproduced here as a post:

If Council has all the information it needs to make a decision, then it should make a decision. In that sense its not indecent haste. I seriously doubt though that Council *does* have the information it needs, and I further doubt the Special Committee has mastered the detail.

Regardless of the merits of C60, it is appalling that Council has failed to provide an up-to-date Incorporated Plan for residents to inspect. The members of the Special Committee have a moral obligation to ensure the documents being published under their imprimatur are kept current, especially before the recent meeting that ostensibly was to listen to the community. Those who attended might still not be aware that what is being proposed doesn’t match the published Incorporated Plan (dated 2008). [The Panel commented on this.]

I’ve explained before why this matters, but as a reminder, C60 removes third-party rights except in very narrowly defined circumstances involving the Incorporated Plan. The Explanatory Report, published under the aegis of Council, reveals why. Its to help the developer make more money (thats the reference to “facilitate”).

There is no compelling need to make the area a Priority Development Zone (PDZ), despite the claims of the Explanatory Report. The proposal is primarily for residential development in a Residential Zone (R1Z) and mixed development in a Mixed Use Zone (MUZ). It does however seek to obtain Crown land and change its zone to build MRC’s beloved tower. Additionally it seeks closure of some inconvenient roads. This can all be done without a PDZ.

Loss of third-party rights is something *every* non-developer resident of Glen Eira should be concerned about. Council has already argued, successfully, at VCAT that standards designed to protect residential amenity should be waived when it involves multi-unit development. While most attempts to insist on compliance with the Planning Scheme are doomed, nevertheless third-party appeal rights keeps pressure on Council to have to explain itself. Its a sad fact that Council rarely explains itself until it appears before VCAT.

At both the recent C60 community meeting and planning conference re an MRC 8-lot subdivision, Cr Lipschutz has attempted to intimidate attendees. This is unacceptable. Far from helping people understand the process and listing all the matters that the Responsible Authority *must* and *may* consider, he has provided his own, and I would argue erroneous, interpretation of the Planning and Environment Act. This has extended to mentioning VCAT explicitly in his assessment of planning permit applications in Council. Somebody as aggressive and clumsy when dealing with the public on controversial topics is not an ideal choice for chairing such a Committee.

There is a curious double-standard used by Planners (spelt with a capital P), whereby they cling to anything that supports what they want, and ignore anything that contra-indicates support. So it is that Cr Lipschutz (without apparent consultation with his Committee colleagues) has decided narrowly what matters the committee will consider, regardless of the considerable powers PAEA confers. It was the MRC that thought it appropriate to include photos of a few thousand cars parked in the centre of the Caulfield Racecourse And Public Reserve. In a submission from their partner, Monash University, parking in the centre of the racecourse was explicitly mentioned. Further, both Council and VCAT disagree that a Use of land should meet its own parking needs. That’s why non-compliance with parking requirements as specified in the Planning Scheme are so universally waived for developers. Creating traffic and parking problems is a de facto Council policy in and around Activity Centres.

The Panel probably correctly identified the interface with existing residential areas as the most sensitive interface. The published Incorporated Plan as far as I can tell seeks to build 4 storeys closer to existing single-storey dwellings than the Standards (guidelines if you’re VCAT) specify. If increased traffic isn’t an issue (the Panel doesn’t think it is), and proximity of 4 storeys to existing single-storey dwellings isn’t an issue (Council doesn’t think it is), then its time to scrap the Minimal Change Area policy as being manifestly unfair (fairness is a key Objective of Victoria’s Planning Provisions).

There is something really really odd when so many documents that Council has published re C60 have “Supporting_document” as part of their name. Its almost as if the matter has been prejudged.

I repeat that nobody knows what the development that C60 is designed to facilitate will look like. Not Council, not its officers, not the MRC, not the Panel, not successive State Governments. There is a rough concept, which has met considerable community resistance. The powers that have aligned behind the proposal desperately wish to silence critics up front, secure their funding and valuable crown land, and move on with the development, safe in the knowledge they cannot be scrutinized by people whose amenity they are impacting

This post from a reader has just gone up on the Bouquet & Brickbats section of the blog. We believe that it deserves more prominence. Just a reminder that objections to this removal of heritage status closes on the 18th April.

HERITAGE DOWN THE TOILET

Fancying myself as a bit of a history buff I have done some research on the proposed Planning Scheme Amendment C83 which relates to the removal of Heritage Overlay HO114 from 466 Hawthorn Street and 2A and 2B Seaview Street. On reading this amendment one gets the impression that building demolition and high density multi level redevelopment has already been approved.

The C83 Explanatory note states
• “The removal of Heritage Overlay HO 114 will have no environmental impacts on the subject or surrounding properties. The amendment will have positive social and economic effects as it will remove a restrictive overlay and allow for the potential for more intense development on the land. The subject sites are located in a Housing Diversity Area”.
• “Council has formed the view that this property is not worthy of
heritage protection in the planning scheme and should be removed”

Both very strong statements and both totally unsubstantiated.

So, dig a bit deeper to Council Minutes and in the 31st August, 2010 minutes (Section 9.5).
• Council’s opinion of “not worthy of heritage protection” is diametrically opposed to the rate payer funded recent Heritage Advisors report . These minutes state that both past and current Heritage Advisors “In my opinion, all three apartments should be included in the Heritage Overlay. In fact, the rear two apartments are perhaps slightly more intact than the front apartment, as tapestry brick embellishments remain unpainted (these have been over-painted on the front apartment).I would agree (with the Statement of Significance) that this apartment block, clearly influenced by the architecture of Frank Lloyd Wright, is unusual in the context of this municipality, and even beyond, and I think individual protection of the site is warranted…. While a number of features that are listed in the Citation have been removed from the property, it is the actual building that is the most significant structure on the property and is the most important element to retain”.
This is very much a case of don’t like the experts report, then ignore it.
• The Heritage Overlay requires Council Approval for external modifications (building façade), no approval is required for internal modfications.
• That, without any substation, Council changed the wording of the recommendation from “to rectify an anomaly (error) in
the schedule to Heritage Overlay HO114 to include 2A and 2B
Sea View Street” to become “ to remove HO 114 from the map and schedule of the Heritage Overlay of the Glen Eira Planning Scheme as it applies to 466 Hawthorn Road, 2A and 2B Seaview Street, Caulfield South.”

In reading the 31st August minutes one can’t help wondering which developer has acquired interests (in full awareness of the Heritage Overlay) in all three apartments and been dealing with Council.

I have also inspected the building, it is well maintained and is extremely attractive. Heritage Victoria’s website (which includes a picture of the building) states it is “a large Inter War apartment development after the style of Frank Lloyd Wright with deep overhanging eaves with angled fascias and shallow tiled hipped roof. Characteristic emphasis being given to the corners by recessing them at the eaves line and setting them against vertical piers. The strength of the design turns on the treatment of the horizontal and vertical elements, emphasis to the forms being given by the use of stuccoed and tapestry brick surfaces, some since over painted, leadlight windows, semi-circular balconettes and elevated terraces with rebated tapestry brick courses creating horizontal shadow lines. The cement balusters have been given geometric treatment in the front also characteristic of the Wright School. Integrity: High
Condition: Sound, garages at the rear appear not to be in use”

Contrary to the view expressed in the 31st August minutes of “Proposed development around the property in the Housing Diversity Area (Tram corridor) will detract and demean any perceived value in terms of the character of the building” I argue that proposed development around the property will only add to the perceived value of the building. Such an attractive and architecturally detailed building will become even more significant when it is surrounded by box life modern high density buildings.

I urge fellow bloggers to oppose the removal of Heritage Overlay (HO114).

A petition was handed in regarding parking problems at McKinnon primary school. Burke announced that only part of the submission would be accepted, since the signatures weren’t all on ‘original’ papers as per the guidelines – some had been “attached to the document”. Penhalluriack then requested that all signatures be included since he was of the opinion that this was a technical issue rather than an attempt to ‘forge’ or misrepresent numbers. Esakoff responded that in order to be ‘valid’ each page had to have the identical ‘heading’. Burke explained that council had to ensure there was nothing untoward. Tang then moved a motion that the petition (minus the questionable signatures) be accepted and that ‘council investigate petitioners’ concerns’ and A REPORT BE PREPARED ON THE ISSUE.  This was voted in unanimously. This is the first time in living memory, that petitions have not merely been ‘noted’, only to then disappear into the dustbin of history! Our congratulations to councillors for this one small step forward on the road to democracy and taking charge of matters!

Item 9.1 – 95 Nicholson St. – Rejected application (unanimous)

Esakoff declared 2 conflicts of interest. Magee/Lobo moved motion to reject permit application on grounds of ‘excessive mass’, ‘overdevelopment of site’, ‘excessive scale’, and fails to respond/respect to neighbourhood character, etc. Gallery was informed that this property had been ex Mayor Bob Bury’s residence. Magee lamented the loss of Jacaranda trees from the property and that someone could come along and put up ’22 little boxes’. His language included ‘monstrosity’, ‘decimate’, ‘eyesore’’, ‘height shouldn’t be… (anywhere) that should be in Glen Eira’ (yet 8 storeys were ok for elsewhere, Cr Magee?). A developer friend from elsewhere told Magee that ‘he hates developing in Glen Eira’ because our rules ‘were too strict’!!!

Rest of councillors spoke pretty much in the same vein. Pilling was on the ‘borderline’ because he would ‘like to see more development’. Penhalluriack, Tang, Lipshutz, Hyams also warned residents that this site was ripe for development and that it would occur.

Magee concluded by stating that Elizabeth Miller, MP was also an objector and hence she was ‘really criticising’ her own government’s policy. He challenged her to stand up in Parliament and state this. “I don’t want her to be involved to be popular, I want her to be involved to make a difference’. Also went on to claim that VCAT members who have no idea of the local area, don’t see the site, make decisions for ‘hundreds and hundreds’ of residents. [We wonder if Magee has ever read VCAT judgements and noted that in at least 95% of such judgements, the member DOES VISIT THE SITE and does ‘smell the roses’!!! We suggest that instead of grandstanding, Cr. Magee first establishes his facts!]

Item 9.2 –  Centre Rd. – Application rejected (unanimous)

Hyams – nothing else of this height; too bulky; ‘shows a lack of respect for….neighbourhood character’. Pilling concurred stating ‘it just doesn’t fit there’. Tang also spoke of ‘overdevelopment’, ‘very bulky’, ‘landscaping’ and ‘visual amenity’. Magee wondered what’s in ‘developers’ heads’, they put up boxes and ‘let’s see how we go’. ‘We’re not gonna pass it, just a bloody waste of time’.

VCAT REPORT

Lipshutz skimmed over very quickly the VCAT decision on the 10 storey building on Glen Huntly Rd where the member had basically stated that since council had approved 8 storeys he couldn’t see much difference between that and granting the 10 storeys. Hyams stated that he could tell the difference. Tang also spoke about MP Miller and related it to past practice of Rob Hudson in coming out against council decisions. That ‘we need to see this followed through with action’ through their colleagues. In a direct reference to we presume Glen Eira Debates, Tang then stated that he had read how ‘people’ say that the fault lies with Glen Eira’s planning scheme. However the real fault in his view lies with VCAT because ‘they ignore our policies’. All this ‘indicates a lack of respect for council decisions’. Tang then explained that he was in favour of 7 storeys in Glen Huntly Rd., because this was the height of the existing church spire, so that the 7 storey development would not ‘tower’ over the spire!!! We respectfully suggest, that a tapering spire, is vastly different to a square, massive tower block of equal height!!!!!!!

Please forgive this very long post, but we believe it’s important. Before we present the rest of the speakers’ comments from Monday night we wish to highlight 2 things – part of a recent VCAT decision and a resident’s comments on the whole mess that is C60.

VCAT decision

“The existing character is not how the area will remain if the Council’s policies are successfully implemented. The Scheme directs change to take the form of more intensive buildings and more residents. The site is in the Carnegie Urban Village, a major activity centre, where the highest residential densities are sought….. Mr Marinelli (resident objector) expressed surprise at the policies and said these were unknown to residents. I accept that some residents may not fully appreciate the consequences of the changes to the Scheme that have been through processes of public exhibition but I am nonetheless bound to decide these proceedings based on the provisions of the Scheme as I find them. Lack of knowledge by residents is not a matter that itself causes the proposal to fail but it does influence their expectations for development of the land….. ”.

We’ve cited the above because it goes to the heart of the problems with this Council. One speaker on Monday night accused council of poor ‘communication strategies’. We have witnessed this time and time again – lack of real publicity, lack of consistent and comprehensive information provision, and total lack of real engagement with the community. When this occurs with something as important as planning schemes, then the consequences could be immense for the individuals involved. Would they have bought their property, if they knew and understood the planning scheme? Would they have protested at the time long and hard? etc. etc. Council repeatedly claims it ‘consults’, but does it adequately INFORM? Or does it simply fulfill the meagre legal requirements?

A Resident’s View

In the same vein. we highlight a comment received yesterday from ‘Reprobate’. 

“I have just noticed that my collection of documents re C60 has reached 67MB. So were entrusting 4 individuals to read, digest, absorb, understand, critique and respond to more than the collected wisdom of the Bible, Koran, Torah, Bhaghavad, Mahayana and Book Of The Dead. Fat chance. They need help, and they’re not going to get it from those who have a vested interest in C60 being adopted. Something that emerged from last night’s meeting is that few people could possibly know what C60 *is*, including its proponents, and certainly not Council. Council officers haven’t decided what it is yet. In effect, C60 is the planning equivalent of a blank cheque. “Sign here and trust us”.

C60 removes third party appeal rights from people so that the MRC can implement something that might or might not look like what its suggesting in one of the incarnations of the Incorporated Plan. Even that is only half true. What matters (if it was to be enforced) is the Development Plan, which doesn’t exist. Theoretically the Development Plan should be in “general accordance” with the Incorporated Plan, but that’s up to the responsible authority, which really means Council officers. As for the Incorporated Plan, it too is in a state of flux. The Panel strongly urged (demanded) multiple changes be made, but we don’t know which changes Council will insist upon if they choose to adopt C60. Despite Cr Lipschutz’ insistence that the racecourse itself is outside C60, the Incorporated Plan contains a prominent photo of the racecourse replete with 2000 cars parked in the Public Reserve in the centre. Hmmm.

At the meeting the MRC representative did tell the meeting that the development would meet all its parking needs from within the development, a total of 2000 parking spaces. Maybe. Yet the draft changes to the Planning Scheme that Council has published clearly show a requirement of 0 spaces for retail shops other than a supermarket [PDZ Schedule 2 8.0]. Flood victims denied an insurance payout would be aware that these things matter. What is the building envelope that adoption of C60 would authorize? We don’t know–the public hasn’t seen the final draft of the Incorporated Plan. [I’m assuming this because the Panel wanted lots of changes.]

At the current rate of growth (about 1 storey a month) the focal point of the development will become Australia’s tallest building. One of the myths of planning is that proposals are assessed on their merits. That is so wrong its unfunny. First you decide what you want, then you seek the policy elements that support your decision. That’s what the Panel Report did, and they’re experts at it. There are some tricks to this. Use weasel words. Avoid if possible quantifying anything. Emphasize the policy elements that support your view. Don’t mention the others. If you have to mention them, then downplay, such as “not considered fatal to the proposal” or “can be managed at the Development Plan stage” or “an unreasonable constraint given the circumstances”. Reemphasize “strong policy support”. Ignore residential amenity. Planners ultimately rely on public ignorance, so its in our interests to be better informed than they are.

 Amongst the Objectives contained in the Planning And Evironment Act 1987 is to provide for “the fair…and sustainable use…of land” and “to secure a pleasant…and safe working, living and recreational environment for all Victorians”. It didn’t say “shaft 20% of a municipality so the other 80% can have their amenity fully protected”. That’s an invention of our Council, subsequently ratified by that most odious of public undemocratic institutions, the Planning and Environment List of VCAT. C60 ultimately is what Council wanted, and now its got it.”

Finally, the rest of the comments made on Monday night –

SPEAKER 21 – cars are ‘bumper to bumper’ – ‘have a look’. No discussion of what will take place when construction going on. Lost track on how many times the plans have changed. C60 is about private development only. Quoted planning frameworks and how this development doesn’t fit into any of the major criteria. ‘This is about the applicant wanting to achieve maximum profit’. (loud applause)

SPEAKER 22 – all of the objectives can be met by an ordinary planning permit and need not go through this process. (loud applause)

SPEAKER 23 – not against development and not against strip shopping. You’ve been elected by the community and you’re supposed to represent them. ‘All of us here expect that you represent’ those views. C60 is large development and economic development in the end is between 10 and 20 billion dollars. The impact will be huge and can’t be looked at simple on the immediate surrounding area. The impact will be far greater and wider. C60 hasn’t considered the larger picture – gardens, open space, etc. Application is on basis of private property but function of council is to look at impact on area around it. (loud applause)

SPEAKER 24 – we chose Caulfield because it’s a quiet suburb and a development like this will change it. Trying to get out of Eskdale Rd there’s a long queue. How will trains, trams, schools, rubbish amenities that are required, will be supplied. (loud applause)

SPEAKER 25 – appropriate development is three storeys. Students should have accommodation but if it fills up with all student accommodation then ‘you can say goodbye’ to upmarket shopping strips. Work out how much of crown land has been encroached on by the racecourse and use this amount of land for open space as a park.

SPEAKER 26 – understands Penhalluraick’s conflict of interest. But since Penhalluriack was voted in on this platform then he represents the views of his constituents and ‘if you councillors want to stay in government’ then they should consider his views. (very loud applause). Told Southwick that he should consider a career in gymnastics since he can ‘backflip’ so easily.

LIPSHUTZ ‘I’m not going to permit’ what he termed ‘personal abuse’. A member of the audience then said that it’s important that he outline what he considered to be the ‘personal abuse’. Lipshutz – ‘I’m not going to get into a debate’ – audience – ‘It’s not a debate, it’s a question’ Lipshutz: ‘we as a council have to make a decision and that decision may be a very difficult one’, we want to hear what people have got to say ‘but it’s got to be on track’

SPEAKER 27 – third party rights of appeal and urban design. All rights are for applicant. Cited MRC consultants reports and said that according to this will mean ‘4000 extra people in our backyard’. Scale of development is awful. Cited changes in planning law and what the Liberals had amended since they came to power. Also quote VCAT tribunal member who said that whilst redevelopment is encouraged in activity centres it shouldn’t proceed ‘at all costs’ that neighbourhood character is important. Tribunal has said ‘time and time again that a balanced approach needs to be taken’. Pointed out that where development abuts neighbouring properties that height should be reduced. (loud applause)

SPEAKER 28 – there’s nothing in the report about proper site coverage and in view of the recent floods this is important. Also missing was detail about diversity and ‘styles of accommodation’ since most will be single units. There should be a range of accommodation to suit a diversity of demographics. Public transport needs development and natural wildlife since with development birds, possums are losing their habitat. We need holistic lifestyle that looks at environment or is this separate entirely from the development? Statements that are dubious need to be verified before amendment is passed. And also what’s plan b if found that the statements are incorrect – ie. traffic projections? (loud applause)

SPEAKER 29 – have lived here for years and just seen the traffic increase and increase. I used to be able to play everywhere on the racecourse and now I can’t. Spoke about current ‘use rights’ but now there are many, many more events. MRC is not replacing existing car park not giving extra car parks. (loud applause).

SPEAKER 30 – spoke about the history of the site. ‘I think council is as bamboozled as we are but they won’t admit it’. Everything’s run by the MRC and rich backers. ‘How do we tackle this lack of respect for the public?’ Population growth is because ‘capitalist interests want ever increasing profits’. We can’t rely on council because ‘they are incapable of making the changes we want’. The MRC ‘runs rings around them’ and the State Government denies everything ‘because the State government is owned by the developers’. ‘We’ve got to organise ourselves’. Lipshutz then said that the ‘last speaker’ will be Southwick. Outcry from the audience since there were many people with their hands up still waiting to speak. Lipshutz: ‘we’ve had two hours’!!!!! Relented and speakers continued.

SPEAKER 31 – lived in Glen Eira all my life but never realised that the racecourse was a public park. So went over and found gate after gate locked. Gradually everything is taken over for car parks. Spoke about the similarity with docklands and why that’s a failure and this is a failure. Spoike about the need for residents, council, government mrc to sit down and ‘properly plan’. Lack of consultation all the way through this. Take a step back and ‘get some input’. (loud applause)

SPEAKER 32 – submitted on application. Should conform to every standard that every other application has to conform to and we’re talking about future generations. Environmental performance targets are needed – such as power, water, climate change in ten years time. There’s nothing in the plans about this. Meeting current standards is not good enough. Have to think of the future. (loud applause)

SPEAKER 33 – object strongly. Monash wouldn’t have got permission but it’s federal. So MRC argument that their proposal is less is nonsense. Should try to keep open space so the racecourse is important. Half the year it’s now used for different things. Have to keep what’s happening at Monash in mind. Have a look at what’s happening at the building in the city which are environmentally friendly. The MRC should look at environmental value. Has to be appropriate to our area. (loud applause)

SPEAKER 34 – area abutting is minimal change zone. It’s low density, leafy, green and space on either side. So now there’s a high rise of less than 10 metres away. Witnessed an accident in Eskdale road so safety is also an issue, especially when cars are parked on both sides of the road. Suggested that the plans be put out for tender.

SPEAKER 35: ‘no wonder the MRC is willing to pay for 1 hour parking signs’ when they get all the other parking. This makes it really cheap for them. (loud applause)

SPEAKER 36 – land that was swapped and if that land ‘could be reinstated’ as part of open space parkland. It was out land and now we’ve been given a ‘tiny bit of land’ which is no use to station, racecourse or residents.

SPEAKER 37 – spoke about trains and asked councillors if they had ever caught a train from Caulfield at 7 in the morning. Hard to get on and concerned about the amount of people who would be living in the new development and how trains could then cope with this influx when they can’t cope now. Wondered if any of councillors had spoken with Department of Transport to ensure that there would be more trains. Took Lipshutz to task saying of course ‘people are going to talk about traffic. What do you think they’re going to talk about’? Pointed out that Lipshutz hadn’t attended any of the meetings and that of course traffic would ‘keep coming up’ as an issue. Stated that looking at councillors’ faces today has ‘been a disgrace’ (applause)

SOUTHWICK : stated that many people have made many ‘valid points’ – height, transport, etc. All are important and ‘sure that council will take on board’. Important to have these sorts of these forums because council knows about the specific issues and they should be the ones to see what the specific issues are and to take that into consideration. Minister guy has said he won’t be calling the amendment in. I campaigned on this because with the previous government ‘you would have got everything and more’. We want councils to work things through so that they can take everything into consideration and we ‘need to get what is the best possible outcome for the area”. Council is given a guidelines on what they can and can’t do. Stated that he believes it’s important that crown land on the racecourse ‘is opened up’ and to ‘ensure that there is as much access to the people as possible’. Looking at the C60 again ‘need to ensure that we get the best possible result available’. The past has shown that there’s the MRC and then there’s the community and that there’s been ‘clear separation’. MRC and racing is ‘part of this community’ so important that ‘we all need to work together’, ‘open up dialogue’ and try to get ‘best possible result’ in terms of open space. Said he was sure that council would consider all these issues. ‘I’ll continue to campaign for open space in this area’ (applause)

LIPSHUTZ; stated councillors had all taken notes and that public would be informed of when the matter is to come up in council.

VCAT has allowed a 6 storey development at the Coles supermarket site in Elsternwick. The decision allows for: 99 dwellings; basement carparking; 500 square metres of retail in a Residential zone 1 area, and a waiver of car parking requirements. Councillors rejected the application  – Officers recommended adoption.

The member states: “It is our conclusion that there is strong policy support for this development and council’s position that we do not need to push the boundaries for residential development when other issues are coming into play are not supported. We consider developing this site to its full potential will relieve development pressure in other parts of the city that are purely residential in nature and often covered by heritage controls.”

Policy, policy, policy. Again we ask: Are Glen Eira’s planning policies tight enough? What can and should be done? Why hasn’t it been done?

There is also one incredibly interesting sentence in the judgement – Council raised an issue indicating that with regard to its required provision of additional housing that the rate that they are currently achieving housing growth is sufficient and that this site would put the level above what is required.”

In document after document from Council, residents are presented with the argument that thousands and thousands of new residents need to be provided for; that hundreds and hundreds of new dwellings are required. What’s happened to this argument? How can Council now claim after all the preceding propaganda that the rate is ‘sufficient’? Have we been sold a furphy all along?

Finally, there is the question of resident support from council. The previous Ripon Grove/Glen Huntly Road developers had Chris Canavan QC, Barnaby Chessell, barrister representing them. They also called ‘expert witnesses’ in Vaughn Connor (town planner of Contour); Mark Shepherd (Urban designer of David Loch) and Stuart McGurn (town planner of ERM). Council had Ian Pridgeon, solicitor of Russell Kennedy. In this latest supermarket decision, developers were represented by J. Gobbo QC; B. Chessell (solicitor). Experts were A. Biacsi (town planning); M. Sheppard (Urban design) and J. Walsh – Traffic. Council had C. Bowdern (town planner). Memories from the panel hearing for the C60?

In many major decisions, residents have every right to feel that Council does not represent their interests adequately enough and that the support they receive is negligible. Perhaps it is time that the playing field is levelled out and that Council ensures its resources are marshalled to properly defend cases and the community? If we can spend millions and millions on sporting venues, then surely a proper and sustained legal defence in major cases is also warranted?

PS: On the 24th November 2004 the following public question was asked by Robilliard – that is, prior to her becoming a councillor. As far as we know, no response was given, no action taken, and the current situation still persists.

“The Minister for Planning announced that Councils may apply for a number of interim height controls to provide for greater certainty for residents & developers. Will Council take up on this initiative?”

 The question was taken on notice for reply.

 

It looks like all chickens have finally come home to roost with VCAT’s decision to allow the Elsternwick 10 storey development to go ahead. Readers will remember that:

  • Lipshutz’s argument was that if council doesn’t approve 8 storeys instead of ten, that the developers will go to VCAT AND GET WHAT THEY WANT
  • Tang equivocated by arguing that 7 storeys is better than 8
  • Magee said that he wouldn’t like to live anywhere near the development but still voted for it
  • Lobo called it a ‘monstrosity’.

The sheer stupidity (and we use this word advisedly) of such arguments has finally been shown up for what they are – vapid, empty rhetoric with no foundation in law, fact, or good planning policy. Councillors should be ashamed of their efforts on this one and the ramifications of such decision making. Will they now, on the 14 storey application, vote in favour of 12 storeys and use the argument that since VCAT has approved the Ripon Grove development we can’t do anything?

The VCAT member made the point clearly and logically when he stated:

“Council recognised the importance of this key site in granting a conditional permit, however restricted the height of the building to eight storeys rather than the ten storeys applied for. One need to ask what difference either eight or ten storeys would make to the locality or the broader context of the major activity centre of Elsternwick”.

What this decision demonstrates is not the arbitrary nature of VCAT, but the failure of council planning policies (NO HEIGHT LIMITS, NO PRECINCT PARKING PLANS, NO STRUCTURE PLANS). Councillors have now successfully opened the flood gates in Elsternwick and they will bear the brunt of resident disaffection.

We highlight one recent VCAT judgement   where the application for a three storey extension to a shop and the waiving of car parking was accepted by the member. Council’s position was that the fronting car park should not be utilised as car parking for the development, and that there be onsite parking. 

This sounds reasonable – on the surface! Closer examination reveals the flaws in current planning policy and the agendas which guide such policy. In the end it’s all about leaving as many options open as possible for future development. Structure plans, height limits, and precinct car parking policies would in effect limit such development. The members judgement below makes this absolutely clear – 

“The Council’s opposition to the proposed rear shopfront also appears to be partly based on a potential future scenario where the car park may be redeveloped in an intensive manner. The concern is that any such redevelopment may be constrained by the fact that the shop has its only access and outlook to this area, and/or that any such future development will detrimentally affect the visibility and viability of the shop by effectively concealing it from view. While I can understand Council’s concerns, it is highly relevant that there are currently no plans to redevelop the car park.

There is no Structure Plan for the activity centre, no planning policy in the Planning Scheme which identifies this as a potential outcome, nor any Council-adopted strategy or other policy which nominates the public car park as a redevelopment site within the centre. It appears to me to be a case of the Council, somewhat understandably, wishing to ‘keep its options open’ but there is no evidence that this potential outcome will, in fact, materialise. The necessary strategic work has not been undertaken, and to constrain the redevelopment of neighbouring sites on the basis of something that ‘may’ happen some time in the future (in the absence of any policy or strategy) does not seem to me to be reasonable.” 

The following section also raises questions as to how well council prepares in its VCAT defence. The lack of logic, shown up by the member, speaks for itself –

“I was advised that the Council’s Building and Properties Department does not recognise any carriageway rights the review site may have over the laneway. It is noteworthy that the Certificate of Title identifies the laneway as a ‘Road’. I was not provided with any evidence to demonstrate that the review site does not have a legal right of carriageway over this road. Nonetheless, I perceive an inherent contradiction in the Council’s position on this issue. It is willing to support the proposal subject to the provision of four car spaces on the land (as I will detail in the following section of these reasons) and therefore acknowledges rights of carriageway over the laneway for the purposes of accessing these desired car spaces, but it is not willing to acknowledge these carriageway rights for pedestrians accessing the proposed shop. As I see it, the review site either enjoys carriageway rights over the laneway, or it does not. I was not referred to any document which states that the review site can rely on the abutting road (laneway) for vehicular access, but it cannot do so for pedestrian access”.

Conclusion? We merely repeat the member’s comments – ie. ‘necessary strategic work has not been undertaken’; ‘no evidence; ‘contradictory’ and so on……..

Our rumour was correct. An application is in for a fourteen (14) storey development almost next door to the 10 storey development in Glen Huntly Rd., Elsternwick.

To view the full details of the plan, see: http://www.gleneira.vic.gov.au/Page/page.asp?Page_Id=1759&h=0

Lowlights include:

  • Waiver of carparking and loading
  • 109 residential apartments
  • Developer’s traffic engineer states: “there were at least 162 vacant spaces within the survey area from 7pm onwards”. Other conclusions of note in regards to parking are:

A recent comment by ‘Ben’ has alerted us to the current advertising by Council of  an Amendment. The objective is to remove Heritage status from properties in Hawthorn Road and Seaview Avenue. We thought this was important enough to go back to the original Officer’s report and to analyse the content and ultimate recommendations.

The report was tabled at Council on 31st August, 2010. The name of the officer under Enquiries was Jacquie Brasher, Strategic Planner. The motion put by Lipshutz and Pilling to remove Heritage Status  from all of the properties and to seek the Minister’s approval to advertise,  was accepted unanimously by Council with Esakoff declaring 3 ‘conflicts of interest’. We present our analysis below –

The original Heritage status was applied in 2003 under Amendment C19. Only the property in Hawthorn Road was listed in the original amendment although all properties were incorporated into the map overlay, hence there is an ‘anomaly’. Further, the owners of the Seaview properties were not informed at the time that they were now under the Heritage Overlay. Brasher recommends that as a consequence all 3 properties should be included in the Heritage status. 

The arguments are: 

  • ‘Consultation’ only involved the 3 owners of the properties. Two ‘submissions’ were received in response. Brasher includes the points raised in these submissions – perhaps more extensively than other planning applications that come to council. Some of the issues raised include: development will be stymied; ‘building is not sufficiently notable’; building has deteriorated so will involve ‘substantial costs’ to ‘rectify’; the design does not ‘cater for the needs…of modern day living’; it’s a Housing Diversity area so will ultimately ‘detract, and demean any perceived value’ of the property; heritage listing detracts from housing needs of the area;  
  • Brasher then posits the argument that changes may still be made especially to the inside of buildings hence “the application of the Heritage Overlay may restrain but does not completely prohibit changes to the building. The building can be altered to cater for the needs of modern living”. 

The final section of the report includes the current Council Heritage Advisor’s comments, as well as a report from the original advisor (2000) which resulted in the properties’ listing. Some of these comments are: 

“In my opinion, all three apartments should be included in the Heritage Overlay. In fact, the rear two apartments are perhaps slightly more intact than the front apartment, as tapestry brick embellishments remain unpainted (these have been over-painted on the front apartment). 

I would agree (with the Statement of Significance) that this apartment block, clearly influenced by the architecture of Frank Lloyd Wright, is unusual in the context of this municipality, and even beyond, and I think individual protection of the site is warranted. 

It is considered that this individually significant building at 466 Hawthorn Road, 2A and 2B Sea View Street should be included in the Heritage Overlay. Therefore an amendment to modify the schedule to the Heritage Overlay to include 2A and 2B Sea View Street at HO114 is warranted and should be commenced as soon as possible to rectify the anomaly.” 

Andrew Ward, 2000 wrote: “They (the properties) are aesthetically significant (Criterion E) as uncommon examples of residential buildings undertaken in a manner directly influenced by the work of Frank Lloyd Wright, comparing in Glen Eira only with the house at no.45 Balaclava Road but demonstrating that the influence of his work was still being felt in Melbourne during the late Inter War years”. 

QUESTIONS: 

  • What is the point of council having Heritage Advisors when their professional opinion on a matter strictly to do with ‘heritage’ is overlooked and ignored?
  • Why have Heritage listings in Diversity Areas at all if the argument is that ‘development’ should have priority?
  • Why have Heritage Listings if the facile argument that such dwellings do not accommodate ‘modern living’ are given credence?
  • Are the current Heritage guidelines in the Planning Scheme/MSS explicit enough to protect such properties? 
  • Is development classified as more important than ‘cultural heritage’ in Glen Eira?

This amendment is only one of a series, including planning applications, where we seriously question the content, logic, and recommendations produced in such reports and the logic then (mis)applied by councillors. Not only do residents need clear arguments and logic, but so do those individuals who apply for permits. Consistency, logic, and comprehensiveness in considering all issues is what is needed. We will be following this issue closely.

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