GE Planning


At Tuesday night’s council meeting Magee, with righteous indignation, declared  in relation to the application at 848 Centre Road – ‘a terrible decision, so VCAT shame on you’!! (Council’s version of events is printed in the minutes). So once again, VCAT becomes the culprit bringing down decisions that councillors bemoan and residents suffer from. 

Let us state quite clearly that we do not endorse, condone, or in anyway support VCAT’s decisions. Nor do we blithely accept council’s version of events! It is exceedingly easy, and politically savvy, to throw up one’s hands and to lay ALL the blame at the feet of VCAT and the State government as this council has repeatedly done. Yet, when one looks closely at the various judgements a different picture emerges. Listed below are extracts from the Centre Rd judgement. We especially wish to highlight: 

  1. The member’s repeated remarks about council’s failure to provide ‘evidence’ and,
  2. The ‘failure’ of council to get its act together
  3. Questions as to the ‘preparedness’ of council in presenting cases 

We cite directly from the judgement: 

“Neither the Council’s Traffic Engineers or VicRoads raised any concerns regarding the likely traffic generation or any potential safety issues at the intersection. I have not been provided with any evidence to demonstrate that removal of the four dwellings is justified on traffic safety grounds.  

The Council submitted that the areas should be increased in size to 60m² in order to accommodate sufficient landscaping, including trees with spreading canopies. This view, however, is not supported by Council’s Landscape Assessment Officer who, in their referral comments, raised no concerns regarding the opportunities for landscaping throughout the site. 

I also note that the Standard relates to the following Objective: To provide adequate private open space for the reasonable recreation and service needs of residents.

  1. 20.           Further, the associated decision guidelines refer to the useability of the open space area, its orientation to the street and the sun, and the availability or access to public/communal open space. As the Applicant correctly pointed out, there is no mention of landscaping in either the Objective or decision guidelines.
  2. The Council quite fairly conceded that the proposed courtyard areas are adequate for the reasonable recreation and service needs of residents, and I agree. I can find no support in Clause 55.05-4 for an increase in the courtyard sizes. In my opinion, the proposed open space areas are of dimension and area that are appropriate to this development. I agree with the comments of the earlier Tribunal that some flexibility can be exercised in assessing the open space provision against the Standard, given the apartment style of the development.
  3. The courtyard spaces are able to accommodate landscaping, including appropriately sized canopy trees. I was not provided with any evidence to demonstrate that areas of at least 40 square metres with a minimum dimension of approximately 5.0 metres are unable to support adequate planting to enhance the amenity of the development and contribute to the character of the neighbourhood.
  4. 30.           From my reading of the documents provided by the Council, notably the referral comments of the Traffic Engineer, it is evident that the 6 metre width reflects a desired outcome – rather than one which is necessary to ensure that the driveway can function in an acceptable manner. I note the Council’s submission that the increased width is required to comply with an Objective of Clause 55.03-9. I was not provided with any evidence to the effect that compliance with Standard B14, and with the requirements of VicRoads, would not allow this Objective to be met.
  5. 31.           I consider that a fair and objective assessment of this issue, based on the information before me, must lead to the conclusion that the proposed 5 metre width is acceptable. Had I been presented with evidence which demonstrated the width to be inadequate to allow for the passing of vehicles, then I may have formed a different view.

 Conclusion:

  1. What do such decisions reveal about the current planning scheme and its inadequacies?
  2. What do such decisions reveal about the adequacy of council’s presentations at VCAT?
  3. What does all this say about adequately protecting residents?
  4. What does all this say about the recent planning scheme review?

SHARDEY (Hansard, Oct. 6th, 2010)

(Caulfield) — The issue I raise on my second-last day in the Parliament is for the attention of the Minister for Planning. The action I seek is that he ensure that the residents of Caulfield do not have forced on them the inappropriate overdevelopment planned and facilitated by the Brumby government known as Caulfield Village. The proposed C60 amendment, or Caulfield Village development, proposes a high-density commercial and residential development between Caulfield Racecourse and the railway line at Caulfield station. The proposal includes towering buildings of 15 and 23 storeys, which will loom over Caulfield homes. It also includes 1200 high-density small one and two-bedroom residential units, a major new shopping centre to include over 35 000 square metres of retail and office development and very little off-street parking.The Brumby government has done nothing to ensure that such a development in this part of Caulfield is in keeping with the residential environment and demographics of the area. All that Caulfield residents have to look forward to is lack of parking for this massive project, overcrowded and blocked streets, and the threat of alcohol-fuelled antisocial behaviour that racecourses can attract. Local residents are not antidevelopment, but they do want to be listened to and they do want the amenity of their neighbourhood preserved. They want developments that add to the community and are reflective of the lifestyle they enjoy, and they are happy to share with others.
It is time the Minister for Planning stopped plotting behind the backs of Victorians and doing secret deals without community support and realised Victorians are not his pawns to be overlooked and run roughshod over to effect his own political agenda. The Brumby government has already legislated a land swap to give the Melbourne Racing Club a large piece of Crown land to form part of the Caulfield Village development.

The problem is that the piece of land being made available to the community in return for the Crown land is judged by Glen Eira City Council as being of little value to the community. The council has said it will not develop this piece of land for community use because it fronts a busy intersection and is not seen to be of sufficient size or value.

The lack of consultation on this land swap has been judged to be appalling and yet another arrogant action of the Brumby government, which cares little for community views. The Minister for Planning should take action to right yet another wrong. We do not want to see another Windsor-style total debacle in relation to a residential area, and we do not want to see a minister who is not accepting his responsibility to listen to local communities.

 

From today’s Bayside Leader-

PLOT THE PATH AHEAD: Residents asked to have their say in planning Bayside’s next 10 years

Bayside residents have the chance to mould the municipality’s future.

The council is urging people to have their say about how the Bayside community develops over the next 10 years through the Bayside 2020 Community Plan.

A community/council steering committee is overseeing the progress. Ideas can be passed on to the council through surveys, the council website and community forums.

Steering committee members and Sandringham resident Olivia Nakiwain, 27, moved from Uganda to Australia seven years ago to study. She said she joined the Bayside Council steering committee because she had always been interested in making society better. ‘I don’t want to sit back because this is where my children are going to grow up,” she said. ‘ I come from Africa – we are more of a community. I like the feel of being in community and that’s why I want to get my hands dirty here,” she said. The mum of one said by 2020 she wanted Bayside’s roads to be uncongested and low-risk for children.

Business owner, Brighton East resident and steering committee member ron Stark said his interest was small business and he wanted to see more recognition of it. Mr Stark said it was important an expected increase in population didn’t destroy the essence of Bayside as a great place to live.

Mayor Clifford Hayes said he wanted Bayside to be a place where residents could enjoy all stages of their lives.

The next community forum is on October 13. Details: bayside2020.com.au or phone 9599 4636 

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

In contrast, Glen Eira:

  • does not have a ‘community plan’ – it has a ‘council’ or ‘business plan’
  • no steering committee in the development of above, and certainly no community reps
  • no online survey, no dedicated website to this (or any) issue

Front Page – Bayside Leader.

Plan up in the air

Council to fight Bay Rd project at VCAT

BAYSIDE Council will spend up to $ 100,000 fighting a massive Sandringham development proposal at the state planning tribunal.

Around 120 residents packed council chambers last Tuesday to oppose Bayside’s biggest-ever proposed development.

The plan to build nearly 500 dwellings, 900 car spaces, a medical centre, and serviced hotel on a five-block Bay Rd site attracted 1103 objections and one letter of support.

Developer Magnus Floden took the application to the Victorian Civil and Administrative Tribunal after the council did not make a decision within the prescribed time frame. Councillor Alex del Porto said the application’s size and number of objections made it virtually impossible to process within the allocated 60 days.

Councillor James Long said the council needed to f i ght the $200 million-plus plan with all its might. ‘‘(The developers’) legal counsel will fight this as if it was a war because profit is the motive.’’ Developer Mr Floden did not attend the council meeting, or return the Leader’s phone calls. Mayor Clifford Hayes said the council would have its best shot at winning if it engaged top-dollar senior legal counsel. Objectors’ reasons for denying the development included increased traffic congestion and hazards, lack of parking and negative impact on the Bay Rd Healthland Sanctuary.

Objector Trish Boase said it was out of character with the area’s amenity. ‘‘ It (the development) will be like fingernails scraping down a blackboard,’’ she said.

A tribunal hearing is expected before Christmas

AND LETTERS TO THE EDITOR: Caulfield Leader

Stumbling start

I ATTENDED the Glen Eira Council meeting where Cheryl Forge was sworn in as the new councillor to replace Helen Whiteside (‘‘New voice elected at Glen Eira,’’ Leader, September 7).

Cr Forge made her maiden speech that night and banged on for quite some time about issues that left most attendees confused. What did ‘building bridges to Tasmania’ have to do with local issues in Glen Eira?

She was introduced as the secretary of Save Our Suburbs but immediately joined many other councillors in granting a totally inappropriate building permit in Orrong Rd.

The people of Glen Eira deserve better than what I saw at the council meeting.

(Christine Fry: St. Kilda East)

On the wrong track

WHAT a shock. Development at all costs (‘‘Rage at racecourse,’’ Leader, August 17).

We are actually going to become much more congested. Normanby Rd is terrible in peak hour now. If they wanted housing on the land, why did they buy up all the houses and rip them down in the first place? Because they needed it for parking, one presumes. Now all of a sudden they don’t need parking any more. Strange.

And what of the Crown land and Queen’s caveat which has stood unchallenged for 130 years? Money talks, I suppose.

We’ve received this email from a reader requesting it be put up as a post.

This Council document raises many questions about consultation in this municipality! This council has an appalling record with consultation because they don’t want to hear what people say, and when they are forced to hear it , they just ignore it – for example the Glen Eira Planning Scheme review contains little in response to community concerns and sentiment raised at the public meeting I attended! I particularly note number 6 of the Consultation Policy and reflect on the Planning Scheme Review consultation process.
The policy states:
6. Those who participated in the consultative process should, wherever possible, be informed of the outcome. 

Council should endeavour to inform those who participated of the outcome of the process.  In the case of submissions received, Council should have a name and address to which to respond.  In cases where Council does not have a record of names and addresses, a general statement through the media may be the most appropriate method.  The feedback should include the decision, the process followed and the reasons for the decision.   
 
I participated by attending a meeting and making a submission and have heard nothing from Council since.  No copy of the document has been sent to me as a participant in the process. If council has a policy they should abide by it!

It is with utter disbelief that we read the following Officers’ Recommendation for the 10 storey proposed development in Ripon Grove, Elsternwick located in today’s agenda items –

Recommendation

That Council: Issues a Notice of Decision to Grant a Planning Permit for partial demolition and alterations and additions to the existing church at 12 Ripon Grove to comprise up to 18 dwellings; the construction of a 3 to 10 storey building at 233-247 Glen Huntly Road comprising 7 shops and up to 119 dwellings; use of dwellings in a Business 1 Zone (ground floor facing Ripon Grove); two levels of basement and the reduction of the standard car parking requirement and waiver of the loading bay requirement in accordance with the conditions contained in the Appendix.

Never has there been anything so vague, so ambiguous, and so pro-development as this report. How can any planner worth his salt recommend 3 to 10 stories – either it is 3, 4, 5, 6, etc. or 10!  Instead we have:

“It is acknowledged that the proposed building at 10 storeys in height represents a signifcant change. In considering the merits of the proposed 10 storey height, a number of contextual factors must be considered: The subject site contains several allotments adding up to an area of 3,450sqm. This represents a unique and major opportunity for significant redevelopment in this centre.”

A little further on, there is this gem: “Having regard to the site’s context and policy considerations, the 10 storey scale of the proposal is considered acceptable. It is a significant but policy-appropriate change of character that ought to be expected in this location and can be absorbed in this location given the contextual factors. A building of high architectural quality will be achieved. However, it is considered that some aspects of the proposal are inconsistent with the urban context of the site and will need refinement.”

As far as parking goes, we then have: “The Planning Scheme requires 358 car spaces for the combined shop and residential uses. The Planning Scheme acknowledges that the parking rates for each use can be waived or reduced. Council’s Traffic Engineering Department considers that a more realistic figure of 178 spaces for the proposal reflects anticipated car parking demand”.

We urge all residents to carefully read this report. It will soon be coming to your neighbourhood! If councillors do not reject this report, ask numerous questions about its findings and recommendations, then as Whitlam once said, ‘nothing will save them’!!!

 

 

 

The State Government has just released another $8.3 million to assist Councils and the private sector to ‘drive growth and change in activity centres’  through the Expert Assistance Program. The money available through grants is designed to provide: “specialist expert advice to assist councils to finalise and implement structure plans for principal, major and specialised activity centres in metropolitan Melbourne. This is in addition to the provision of specialist expert advice to assist councils to finalise and implement structure plans for Principal, Major and Specialised Activity Centres in metropolitan Melbourne”.

Not only is hard cash available, but the necessary “knowledge and expertise that is hindering the completion or implementation of strategic planning or structure planning work.” Assistance is provided in the following areas:

· environmental planning
· statutory planning implementation
· development facilitation
· transport planning
· community consultation
· property development
· built form / urban design
· social planning
· public realm planning

Currently 40 councils are already the beneficiaries of grants – but not Glen Eira it seems. We can only wonder at the repeated opportunities this council lets slip by and the motives behind such actions. The results of the Planning Scheme Review have again shut out all possibility for long term strategic and comprehensive planning that would make Glen Eira eligible for any of the above. 

(All quotations come from the State government’s website: http://www.land.vic.gov.au/DSE/nrenpl.nsf/LinkView/7020B1BB206F6AC6CA2572FA00192772EB42DA4324DA309FCA2572E4000D84ED

We have received a slightly edited version of a letter that was sent by a resident to all Councillors early this year in regard to planning in general, and the planning scheme review in particular. We note, that only 3 councillors bothered to respond to this letter. We further note, that of all the comments made, only 1 even received token comment in the final planning scheme review.

I wish to bring to your attention some matters relating to planning in Glen Eira and seek your support in addressing these issues in this term of council.

You will be aware that the Save Carnegie Action Group has been active in Carnegie over recent years, trying hard to retain some character and residential amenity in a neighbourhood under intense development pressure.  I will continue to work to ensure my children have an opportunity to grow up in the type of suburb and neighbourhood that made us want to purchase our home 30 years ago.

I have major concerns about the inadequacies of the Glen Eira Planning Scheme and how these inadequacies have offered residents of my neighbourhood little or no protection against inappropriate high-density development.

I am familiar with the planning scheme, Melbourne 2030 and now Melbourne @5m.  I am aware that it is easy to blame state policies whenever development proposals are put forward.  But it is and always has been state policy linked heavily to councils planning scheme that have threatened and continue to threaten the character and community of Carnegie. Council always states that state policy drives the planning scheme but many other councils have planning responses that more heavily protect residents.

You need to look after residents across the whole municipality on planning matters, not only those people who have been fortunate enough to live in ‘minimal change’ areas.

Twenty percent of the Glen Eira municipality has been designated for high density development with little protection of residential amenity, the other 80% get far more protection.  Why are not all property owners being treated equally?

I want you as councilors to see ensure that the Glen Eira Planning Scheme is rewritten and redeveloped in consultation with the community so that we can preserve and maintain some of the great features of this, and other neighbourhoods across the city.

Some points I want to raise with you:

  1. Glen Eira has not prepared structure plans for any of the 5 urban village (activity centres) within its boundaries
  2. The plans that have been prepared have the planning work dated as 2000 – TEN YEARS AGO! – Good planning cannot take place when the plans and consultative processes leading to the plans are over 10 years old
  3. The 10 year old plans are no longer relevant to the city and certainly not relevant to Carnegie
  4. C25 contains no where near enough details to guide development of most of the Carnegie neighbourhoods
  5. There is no rational thinking behind the designation of urban village (activity centre) boundaries in Carnegie – with areas better suited to higher density development being ignored and streets with single storey family homes designated as appropriate to 3 (and higher) storey buildings
  6. Unless the planning scheme is changed council will not be able to stop inappropriate high density development as the scheme, as it is now, gives developers the full go ahead and gives little protection to existing land owners
  7. Glen Eira already has a very dense population for a ‘middle ring’ municipality – the density per square kilometre of Glen Eira’s population sits more closely with inner ring municipalities rather than middle ring municipalities, based on population figures from 2006

 

City/Shire LGA Area km2 People in 2006 Density/ km2 Ring to CBD Rank Melb Rank Aus Develop Cap %
Port Phillip 20.62 85,096 4127 Inner 24 363 6
Yarra 19.5 69,330 3555 Inner 30 514 10
Stonnington 25.62 89,883 3508 Inner 13 63 12
Glen Eira 38.7 124,083 3206 Middle 12 56 8
Moreland 51 142,325 2791 Inner 25 376 4
Boroondara 60 154,450 2574 Middle 4 9 9
Bayside 36 87,936 2443 Middle 3 8 5
Moonee Valley 44 107,090 2434 Inner 21 191 6
Darebin 53 128,067 2416 Middle 27 386 5
Whitehorse 64 144,768 2262 Middle 5 24 10
Maribyrnong 31.2 63,141 2024 Inner 29 503 14
Monash 81.5 161,241 1978 Middle 11 51 6
Melbourne 36.2 71,380 1972 Central 31 574 4
Banyule 63 114,866 1823 Middle 8 31 3
Kingston 91 134,626 1479 Middle 16 99 1
Brimbank 123 168,215 1368 Middle 26 381 2
Knox 113.8 146,740 1289 Outer 7 26 1
Hobsons Bay 65 81,459 1253 Inner 20 163 2
  1. Given the already high density of population in the city, why are we under pressure to increase this density?
  2. Glen Eira has a similar population density to the Cities of Yarra and Port Phillip  – why has there been such a ‘planning push’ to increase the density of our city any further?
  3. The only winners from high density development are the developers – the community loses on every front including:
    • Loss of amenity
    • Increase traffic in our local area
    • Increased on street parking
    • Increasing numbers on an already overstretched public transport system
    • More cars on local roads with increasingly lengthy waits at railway crossings – sometimes the traffic along Darling Road heading south can be backed up almost to Waverley Road’ at peak hour
    • Loss of diversity in the Carnegie shopping strip – nearly every vacant shop is being redeveloped as a café or Asian supermarket
    • Continual noise and disruption from construction works
  4. Carnegie is not suited to be an activity centre – we have no public open space in the activity centre – this is a factor considered as very important in state planning guidelines for activity centres but was totally ignored when Glen Eira council nominated Carnegie as an Urban Village.
  5.  The size of blocks in the Urban Village in Carnegie are quite small, with most having 50’ frontages and being 122’ deep,  so intense development really pushes what is reasonable and acceptable on small blocks and challenges residential amenity when high density development is located next to residential properties.
  6. The inappropriate and amenity-compromised outcomes of high density development in a low density housing area  

What you as elected representatives need to do is: 

  • Immediately review the Glen Eira Planning Scheme, particularly C25 – genuine review that includes detailed consultation with residents 
  • Undertake planning with a focus on the ‘public realm’ rather than a singular focus on housing – Carnegie needs a new planning scheme that will result in a neighbourhood with vitality, viability and vibrancy – this is not what is happening at the moment 
  • Oppose inappropriate development that results in 3 (or more) storey buildings being constructed next to single residential dwellings 
  • Limit the height of developments so as to protect residential amenity 
  • Continue to challenge the recommendations of council’s planners who often get it wrong and present incorrect information in their reports to council 
  • Listen to what the community wants and offer us some protection to our residential amenity, our property values and the values and character of our neighbourhoods

This post asks the simple question – why is Glen Eira Council always the ‘odd man out’? What benefits does the community derive from this idiosyncratic approach to planning? We proffer the following information so that residents can compare and answer the above:

  Glen Eira Bayside Kingston Monash Stonnington Port Phillip
Structure Plans NO Yes Yes Yes Yes Yes
Development Levy Was 0.25%; now ZILCH Will introduce in 2011   3 lots -2%4 lots -3%

5 lots -4%

6 or more lots – 5%

2 lots – none specified3 lots – 2%

4 lots – 3%

5 lots – 4%

6 or more lots – 5%

5%
Height limits No Yes Yes Yes Yes Yes

C60 is one element (albeit a big one) of Council’s desire for
development in “strategic” parts of the municipality. For reasons
that have not been made public, some Council Officers have been
pushing very hard for Glen Eira to be seen to be leading all other
municipalities in encouraging development, provided its in the areas
they nominate.

The expiry of Development Contributions Overlays has meant that in
Glen Eira no contributions are sought from developers to contribute
to the cost of infrastructure (and public subsidy) needed to
underwrite their profits. The scale of the shortfall is staggering,
based on academic research, but is the natural consequence of
encouraging development at a rate faster than there is the
political will to fund infrastructure. The costs for processing
Applications for Planning Permits for large developments far
exceed the fees paid by applicant. The community is subsidizing
them in multiple ways. They really should be nicer to us on this
ground alone.

Planning law (the Planning And Environment Act for example) is
pathetically weak. Putatively Council should abide by it (insist
developments have a Planning Permit where one is required for
example), but Council is not legally obliged to do as its Planning
Scheme says. Anything that might restrict development can be
categorized as a “guideline” and is not binding.

In my opinion there should be a periodic audit of the Planning
Scheme by somebody independent of Council. The recent publication
of Council’s own Review of the local components of the Planning
Scheme show why when its examined critically.

I don’t believe Council has the skills to manage large-scale
development, and under the circumstances, yes, it is extremely
likely there will be problems for which no solutions are offered,
due to the need for the developer to maximize their profit. As
one developer said to me, “Its all about money”.

That pursuit of money is why we see so few 3-bedroom apartments,
why most of the units constructed are rented to young people without
families, why once-vibrant shopping centres are losing their range
of services (with food outlets almost universally replacing other
activities), why open space is considered not necessary in Urban
Villages, why statistics around demographics and transport patterns
are not sought or required during the planning process, why any
standards that might restrict development are so casually waived.

But God help you should you try to subdive your block to build a
second house at the back in a Minimal Change Area. Expect the full
wrath of Council.

We have at least 2 more years of the current regime. While we have
no direct say in development in *our* municipality, we can at least
maintain some political pressure on the nefarious parties involved.
Council has lots of policies, including unofficial policies about
which policies they have no intention of complying with. I hesitate
to say the community deserves better, because significant chunks of
the community have remained silent, perhaps grateful that Council
intends to protect their amenity at the expense of somebody else.

I got involved in Town Planning matters in Glen Eira because I saw
things happening to other people that I wouldn’t want happen to me.
Council’s enthusiasm for development has resulted in Council losing
an ethical dimension to their decision-making, and a similar
malaise has affected VCAT’s Planning and Environment List and the
Minister against Planning’s Department. “Power tends to corrupt
and absolute power corrupts absolutely”. Its time to curb their
power.

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