GE Planning


There are several important items up for decision next Tuesday. Here is the first one –

Item 9.1 – Public Acquisition Overlay on 53 Magnolia Road, Gardenvale

Purchasing land to expand public open space is commendable. In this instance we can only shake our heads in bewilderment at the continual inconsistency and contradictions that are the hallmarks of planning in Glen Eira. Please note:

  • 53 Magnolia Road had a public acquisition overlay. It was removed in January 2008 (process for amendment started in 2007)
  • At the time the following statement was made in support of removing the overlay – Gardenvale Park is a small neighbourhood park. The addition of this small house block (497m2) will not greatly increase the park’s size. Gardenvale Park, as it has been developed, serves the needs of the local community and does not need to be extended in area. (Minutes of 27th November 2007)
  • The decision to proceed was made in camera on the 1st May 2007. The formal resolution read – Crs Robilliard/Lipshutz – That Council – a) Seek authorization from the Minister for Planning to prepare a planning scheme amendment to remove the Public Acquisition Overlay from 53 Magnolia Road, Gardenvale.
  • Now in 2015 we get the story of how deficient in public open space Glen Eira is, and how this amendment fulfills the Open Space Strategy. Forget the fact that Council and residents knew in 1987 and again with the 1998 Open Space Strategy that Gardenvale was lacking in open space. The 1998 Strategy went even further in specifically recommending that Council maintain the overlay on this property.

There were two submissions at the time of the proposed removal. One of the submitters included the following comments –

Procrastination by the Council over more than 10 years has seen the building deteriorate to the extent that the only likely course of action for the current owners or any near future owners would be to demolish the building. It is barely habitable. Whereas, if a decision had been made by Council earlier, the building may have been saved and the streetscape and entrance to the Park left relatively unaffected. The Council has also missed the opportunity to acquire the property at a reasonable cost and thus expand the park.

Now, 8 years later, Council decides that it does need to reimpose the public acquisition overlay. Of course, Council will now have to pay 2015 prices and not 2008 prices. Further, why couldn’t this proposal have been included as part of Amendment C120 (open space levy) as other councils have done given the very short time frame between the two?

House prices in the area are well over $1,000,000. What were they in 1987 and again in 2007?

The right decision has ultimately been made. But this still begs the question of:

  • why was this application allocated to a Delegated Planning Committee (ie only officers) to begin with? Surely given past history and community objections, it should have gone immediately to a planning conference and formal Council decision?
  • Will Lipshutz, Esakoff & Hyams declare a conflict of interest?
  • Will the Officer report neatly sidestep the alcohol and parking issues?

We wait with bated breath!

cinema

Council’s heritage overlay policy dates back to 1996. Despite Panel Reports recommending ‘reviews’ of these overlays, nothing approaching a comprehensive and up-to-date review has been embarked upon. Council in its wisdom also decided that many properties found in such overlays could also be zoned as ripe for development under the Residential Growth Zone.

Here is an example of the latest application:

Address: 441-461 Glen Huntly Road, 9 Beavis Street, Elsternwick

Proposal: Demolish the existing building on the land (Heritage Overlay) construct and carry out works associated with the construction of a ten storey building and two buildings of four storeys plus basement, use of the land for the purpose of Accomadation (sic) and shop (Supermarket), a reduction in the visitor car parking requirements of Clause 52.6 and the removal of easement pursuant to Clause 52.02

Readers may remember that prior to the recent state election, Bayside was on the verge of having its RGZ areas removed from the municipality. With a change in government, and a new planning minister, Bayside is again moving towards improving amenity for their residents. All of this goes to show that amendments, changes, and preserving local amenity is possible for councils. Of course, there has to be the will to do so and to pursue these issues.

In the published agenda for their first council meeting of the year, Bayside is seeking a formal resolution to:

  • Organise a meeting with the new planning minister
  • Proceed with those aspects of Amendment C106 which were refused by Guy

Bayside is seeking, via this amendment to:

  • Remove all areas zoned RGZ
  • Have a minimum lot size of 400 square metres in its Residential zone
  • Increase permeability to 35%
  • Maximum of 10 metres height in GRZ6
  • Increase private open space requirement according to number of bedrooms

For a full coverage of this amendment, see Agenda Item 10.3. Available at – http://www.bayside.vic.gov.au/documents/Ordinary_Meeting_Agenda_27_January_2015_without_Confidential.pdf

All of the above makes us wonder what on earth our band of councillors are doing 18 months down the track and when the full disaster is becoming more and more apparent with each passing day.

In comparison to Bayside, we remind readers once again, of what Glen Eira underachieved and continues to underachieve when mirrored against the real gains of countless other municipalities – all of which we’ve highlighted over the past year.

  • NO MINIMUM LOT SIZE (meaning that 487 Neerim Road can have subdivisions of 199 square metres)
  • 3 GRZ SCHEDULES (in reality only 2 applying widely)
  • GRZ zones where ‘one size fits all’ of 10.5 metre height
  • Permeability of 20% in housing diversity, and 25% in minimal change
  • Open space again, ‘one size fits all’, regardless of numbers of rooms, size, etc.
  • Residential Growth Zones in narrow, local streets (Bent, Mavho, Loranne,Belsize, etc. etc.)

monashmonash2

State Government vows to make Places Victoria more efficient, monitor parking spaces

  • Kylie Adoranti
  • Leader
  • January 15, 2015 12:00AM

THE State Government has vowed to make government developer Places Victoria more efficient and promised to monitor councils’ decisions on parking spaces in new apartment complexes.

These are among a list of thorny planning matters Acting Planning Minister Tim Pallas has assured the government will address.

Mr Pallas said under the new Labor Government, Places Victoria would have “a greater purpose and focus”.

He described Places Victoria as being “a shambles” under the former Liberal Government.

“There was a revolving door of management and we look forward to a period of better management,” he said.

Mr Pallas said his government would oversee councils’ use of carparking waivers “to protect livability and to make sure cars aren’t causing congestion and parking in suburban streets”.

“Local councils decide the carparking ratios for apartments in their areas. State governments have a responsibility to protect Melbourne’s livability. Development is important — but it needs to strengthen our communities, not weaken them,” he said.

“There was a revolving door of management and we look forward to a period of better management,” — Acting Planning Minister Tim Pallas

When asked about whether the scrapped Linking Melbourne Authority would be replaced, Mr Pallas said the government was in the process of establishing Infrastructure Victoria — an independent organisation to oversee capital projects.

He said there were no plans to review the urban growth boundaries and the green wedge would be protected.

The government has also promised to conduct a review into the residential planning zones.

Mr Pallas told the Leader the government would recast Fishermans Bend as a series of neighbourhoods.

“Part of this involves ensuring there is a mixture of heights and densities — from medium to high. Fishermans Bend is not a short-term project. It is a place that will evolve over many years into a precinct where people will want to live, to work and to raise a family.”

Mr Pallas was acting planning minister at the time of publication, replacing Acting Planning Minister Robin Scott who has been on leave and who was replacing Planning Minister Richard Wynne who was recovering from a minor heart attack.

Opposition Planning Spokesman David Davis said Mr Pallas criticising Places Victoria was “the pot calling the kettle black”.

“Places Victoria was a step by the previous government to clean up the rabble and mess left by Labor by the Vic Urban authority.

“Presumably Tim Pallas will retain the butler that was introduced in Labor’s period,” he said.

Mr Davis said the government had to release more details on its plan for Fishermans Bend.

“I have no idea what the erratic Andrews Government will do (to Fishermans Bend). The CFMEU-inspired planning spokesman prior to the election had no idea where it was heading.”

MRC lodges plan for outdoor cinema at Caulfield Racecourse

The Melbourne Racing Club has asked Glen Eira Council for permission to run the summer cinema at Caulfield Racecourse.

It would be located between the racecourse administration building and the racetrack and cater for up to 500 people a session.

Consultants have lodged a planning permit application and details include:

— A mobile 7m high by 11m movie screen on the back of a flat deck truck which would be parked in position each screening night;

— Guests to view movies from the lawns between dusk and 1am;

— Parking to be provided in the Guineas carpark;

— Food and beverages to be available to buy and users to bring or buy picnic meals.

The consultants’ report describes the outdoor cinema as a “unique entertainment experience”.

Melbourne has a number of outdoor cinemas, among them the Moonlight cinema at the Royal Botanic Gardens, December — March; and Ben & Jerry’s open air Cinemas at St Kilda’s South Beach Reserve, November-December.

The MRC wants a permit to run its outdoor cinema between November and March, with an option to use the land for an outdoor cinema throughout the year.

MRC spokesman Jake Norton said ticket prices had not yet been decided.

“No. The concept, if the application is successful, would not be rolled out until next summer. Given that timing, as well as the fact that the application has yet to be approved, practical plans around ticketing, event logistics, dates and times, the product itself, content, associated food and beverage offering etc are still some way off,’’ Mr Norton said.

Glen Eira Council granted the MRC a permit for a permanent $3 million super screen at Caulfield Racecourse last year.

That screen displays race day activities including live video feeds, race replays, race day information and sponsor information.

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 COMMENT

The following sentences are taken directly from the formal application. We urge readers to carefully note the hyperbole, the spin, and what this could mean for residents. Most importantly, we have to again question what has happened to the so called ‘agreement’ between Council and the MRC and the role of the Minister and the Department in this entire episode. The standout issues as far as we can see are –

  1. Public Transport does not operate till and after 1am weekdays
  2. Does extending the area for a liquor license fly in the face of the alcohol ban and how would the local constabulary view this attempt?
  3. Is Crown Land again being used for private commercial gain – especially when the MRC claims to be a ‘non-profit’ organisation?
  4. Have the Trustees signed off on this latest effort? Did they give permission for the application to the Department?
  5. Will the centre potentially be used for car parking?
  6. And will council once again cave in – either on the night, or at VCAT?

Here are the quotes:

Access to and parking at the racecourse is available with minimal impact to the community

The proposed outdoor cinema makes use of an entertainment facility that would otherwise lie idle during the proposed hours of operation.

Melbourne Racing Club is the custodian of a range of land holdings associated with and including the Caulfield Racecourse. The land holdings are a combination of freehold and Crown Land. The site which is the subject of this application is known as 31 Station Street and is contained within Crown Land referred to as Allotment A as Caulfield, Parish of Prahran.

The (Glen Eira) MESS notes at clause 21.01-2 that Caulfield Racecourse and Monash University are facilities of metropolitan significance and both are of major importance to the local economy. Further, Clause 21.02-1 Key influences – Advantages and Opportunities, recognises Caulfield Racecourse as a landmark and regional facility that contributes to the attraction and ‘liveability’ of the municipality.

Clause 21.06-2 identifies the objectives and strategies in relation to Business within the municipality, including:

  • To encourage more local employment and attract more local spending in partnership with business
  • Encourage new and innovative retail and commercial activities to establish in the municipality having regard to the hierarchy of centres as well as opportunities to developer appropriate freestanding sites for suitable retail or commercial use.

It is submitted that the proposal will achieve the following key imperatives of the SPPF by:

  • Encouraging a sue that meets the communiy’s needs for entertainment and providing a net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities.

With the event proposed at the northern end of the subject site, patrons are within walking sitance of the Caulfield Railway Station interchange (with train, tram and bus services available). The Guineas car park which adjoins the proposed event location will also be available to patrons who choose to drive.

…..any overflow parking requirements can be provided by Melbourne Racing Club’s numerous other car parks.

DPI

Pages from Agenda  Ordinary Meeting of Council to be held 16 December 2014Ten years at least and still counting for Glen Eira to achieve anything on tree protection. We have reported on this several times already and direct readers to a previous post – https://gleneira.wordpress.com/2013/10/14/the-saga-of-the-tree-register/

In February 2011, hundreds of properties in Glen Eira were flooded. Council’s response was a report three months later which concentrated on either laying the blame elsewhere (ie Melbourne Water, developers and residents), or patting itself on the back for its ‘emergency response’. Promises were made, such as – Council officers are currently investigating increasing Council’s drainage maintenance resources and will report on this in due course. (Minutes of 28th June 2011). Needless to say, such a report has never seen the light of day in three and a half years!

Compounding the problem of flooding in Glen Eira is the fact that it is now 9 years at least since the introduction of the Special Building Overlay into the Planning Scheme. Such overlays are meant to safeguard against the risk of flooding by mandating floor level heights. Past estimates have placed properties at risk of flooding in Glen Eira as well over 12,000. With rapid development going on in the municipality, coupled with the increase of impermeable surfaces that such development brings, it surely is time to reassess the entire local drainage system and to evaluate whether any additional sites are now also deemed to be at flood risk.

Other councils have been proactive on this issue – Darebin, Greater Geelong and Port Phillip are the current examples. Port Phillip, which bears the brunt of much water flowing down from Glen Eira’s territory, resolved at its last council meeting to seek an amendment. The amendment follows several years of joint study with Melbourne Water and intends to clearly differentiate between Melbourne Water drains and local council drains. We’ve uploaded the full officer report HERE, but included below some important extracts –

Commencing a planning scheme amendment to update the SBO immediately is recommended. Following the SBO Review, it is now known that the current SBO does not accurately reflect all properties at risk of overland flooding. Council has a responsibility to keep the planning scheme up to date, and the SBO provides an important and transparent statutory mechanism for indicating properties that are subject to inundation in a severe storm event

Modification of the SBO boundaries on planning scheme maps to reflect the revised flood shape agreed by Melbourne Water and Council (refer maps at Attachment 4). This would:

  • Include approximately 10,200 new properties which have now been identified as being subject to inundation.
  • Remove approximately 500 properties from the SBO which are no longer identified as being subject to inundation.
  • Retain the SBO over approximately 17,300 properties which remain subject to inundation. (Note: The extent of the SBO over these properties may be altered.)

Port Phillip has also included maps of the new sites in its proposed amendment. We find it extremely difficult to accept that potential flooding risk as determined by Port Phillip ‘conveniently’ stops at the border with Glen Eira. If many of the streets running off Hotham on the Port Phillip side are now deemed to require an SBO, then surely many of the properties less then 20 metres away on the Glen Eira side of the street could also be under threat. The questions that need to be asked regarding these new studies are:

  • If ‘Council has a responsibility to keep the planning scheme up to date’, then what has Glen Eira done in the past decade or so in relation to its SBO?
  • Why has Council been so reticent in providing any information on its flood risks and measures taken to improve and extend local drainage systems – especially after its ‘promise’ of 2011.
  • The current buzz word for councillors is ‘capacity’. How is this quantified, evaluated, and acted upon?
  • What impact is all this new development having on Glen Eira’s drainage systems and the water table? Does Council even know?
  • And the most important question for residents is – how much longer will ratepayers continue to subsidise developers given that Glen Eira has abandoned its development contributions levy scheme?

Finally, readers may also find the Darebin proposed amendment of interest. Uploaded HERE.

Plan to fund new drainage works

17 December 2014

Developers will be asked to contribute towards the cost of drainage works to improve flood protection in Bayside under a proposed development contributions plan.

Bayside City Council Mayor Cr. Felicity Frederico said the Bayside Drainage Development Contributions Plan (DCP) proposes a fair and equitable system for developers to make a contribution to the increased drainage capacity required when units and apartment blocks are built.

“The plan also allows Council to remain focused on its long-term financial management by continuing to look at opportunities for alternative revenue streams to take pressure off rate increases,” said Mayor Cr. Frederico.

The DCP proposes a development levy of $2000 for each additional ground floor dwelling, $1000 for each additional upper floor dwelling and $340 for each additional 100 sq.m of commercial development built in the Bayside municipality.

Contributions from developers will only be spent on infrastructure that services the drainage needs of new development in that catchment.

Residents building one house on a block of land will be exempt from paying the levy. Other exemptions include additions or extensions to existing dwellings, new dwellings that replace an existing dwelling, or commercial development that does not increase the existing building area and development on public land.

Contributions will be collected when applications for planning permits are approved or at the time of subdivision.

Implementation of the DCP is dependent on its incorporation into the Bayside Planning Scheme which requires authorisation from the Minister for Planning and will follow the planning scheme amendment process.

For further information contact Council on 9599 4444.

Source: http://www.bayside.vic.gov.au/about_the_council/media_release_fund_new_drainage_works.htm

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