GE Service Performance


22-26 Riddell Parade Elsternwick, has been granted a permit for 11 storeys – no thanks to Council!

Readers should revisit our initial post on the Rocky Camera report (https://gleneira.wordpress.com/2016/05/15/another-12-storeys/) where we queried some of the assertions made at the time. Please remember:

  • Council sold part of its car park to ‘facilitate’ this development!
  • Much was made of whether or not the entrance to the proposed car park was ‘legal’ and/or ‘safe’. Doesn’t or didn’t Council know who owned what? What does this tell us about their record-keeping, their corporate memory, or the accuracy and fallibility of officer reports?
  • Elsternwick was omitted from the proposed Amendments C147/8 that covered Bentleigh & Carnegie – though admittedly too late for this application. It is clear that Elsternwick is fair game for developers and we can only wonder what plans Council has for further development – ie ABC studios?

We also wonder why, if so much of the Camera report and the councillors’ refusal was based on demanding safe entry to the basement car park, why these arguments are totally missing in the hearing? Instead, traffic engineering is said to be ‘in agreement’. What happened to all the supposed opposition that council was going to put up on this point? Here are some extracts –

  • At the commencement of the hearing, Mr Pitt tabled a registered Plan of Subdivision (PS7285588C) for Stage 1 that provides for areas of Common Property No. 1 shared by Stage 2 to provide for legal access.
  • Council did not raise any concerns about the proposed access arrangements at the hearing, however the respondents submitted that the reliance on the existing Stanley Street access point would create congestion. Mr Barnard submitted that alternative access for bicycles and pedestrians could be taken from the northern laneway to reduce the pressure on the Stanley Street access point. He produced a plan illustrating how this might occur. The plan showed relocation of the bike storage to car parks and the reorganisation of the waste storage to provide an opportunity for direct access to the laneway.
  • The evidence of Mr Fairlie was that the existing access to Stanley Street was acceptable and that the crossover and surrounding street network could accommodate the additional traffic generated by this development. Council’s traffic engineers agreed, also recommending additional site lines in the laneway and some minor changes to the internal layout.

Source:  http://www.austlii.edu.au/au/cases/vic/VCAT/2016/1692.html

We point out another couple of VCAT decisions where council’s refusals amounted to a big fat zero given its planning scheme and the zones.

  • 137-139 Murrumbeena Road, MurrumbeenaVCAT granted a permit for 3 storeys and 27 units
  • 12 Anarth St., Bentleigh East – 2 double storeys side by side
  • 90-94 Mimosa Road – 4 storeys, 47 units.

Gary Max interview with 2 Glen Eira Residents on elections, and council performance

PS: The minutes for Monday night’s special council meeting have now been published on council’s website. We believe that an all time record has been set in that the meeting lasted exactly 3 minutes to ratify the most important document that a council can produce – the Annual Report! Both Delahunty and Lobo were absent.

The stuff ups with minutes still continue however. Item 4.1 states that the item under consideration is the Councillor Code of Conduct. Yet when it comes to the actual nominated 4.1, it is on the Annual Report. Would whoever is doing the minutes please, oh please, proof read and ensure that  what goes out to the public is accurate and a true record of what occurred!

Small McKinnon street sandwiched by large developments

Sam Bidey, Moorabbin Glen Eira Leader

October 18, 2016 12:00am

PEOPLE living in a small McKinnon street feel they are being overrun by major developments which are changing their neighbourhood character.

Foster St runs parallel to Claire St, where a three-storey 33 apartment block is set to be built, and adjacent to Adelaide St, where a 34 unit, three-storey dwelling has just been approved by Glen Eira City Council.

All but two of the original homes on Claire St have been snapped up by developers who have taken advantage of the new zones which allow a three-storey height limit.

Steve Toth, who has lived in Foster St for 21 years, fought against both the builds that will leave him and his neighbours sandwiched between two major developments.

Mr Toth said he was more understanding about the need for developments than most of his neighbours, but was put off by the size and style of the builds.

“I accept that we are a developing suburb but there has to set backs and it doesn’t have to look so industrial,” Mr Toth said.

“The side facing me (of the Adelaide St development) which is the one I can comment on — looks like the back end of a power station and that’s something we don’t like.”

Mr Toth said the “butt ugly” building proposed from Adelaide St took away from the character of the neighbourhood.

“If you have a look at Adelaide St now you have five of the most unique, nice houses with each one creative and each one different.

“That’s what I find very disappointing — there are five beautiful houses and now we’ll get Lego land in their place.”

Councillors Jamie Hyams and Jim Magee opposed the Adelaide St development at last week’s council meeting.

Cr Hyams said the proposal was “out of touch” with the character of the opposite side of the road and surrounding streets.

He suggested it would be more appropriate if the townhouses were two stories nearest the street with a setback to a third story at the rear of the block.

Mr Magee said the main issue was VCAT would always allow these developments unless the State Government introduced legislation to make them apply the Glen Eira Planning Scheme to their decisions.

Source: http://www.heraldsun.com.au/leader/inner-south/small-mckinnon-street-sandwiched-by-large-developments/news-story/a76b62771c7802de6952cba8c26a9d91

COMMENT

We have had a gut full of the hypocrisy, contradictions, and straight out mistruths that this council and in particular Hyams and Magee keep inflicting on residents via their statements. This is an election period and current councillors are definitely panicking – most noticeably in Tucker Ward. The blame VCAT game continues, as does the promulgation of half truths and deceptions.

Shortly after the zones were introduced, Magee on one application in Centre Road Bentleigh, voted for a permit whilst saying – MAGEE: He will support the application because ‘you can support it without liking it’ and ‘developer does have the right’ to go for ‘the maximum’ and ‘the planning scheme allows that’. So that’s the policy and he will ‘support it’.

VCAT has not set the ‘maximum’ – it is council and its zoning of properties in the GRZ or RGZ. Developers go for broke because of the zoning and because VCAT must resort to what the planning scheme says!

As for Hyams, we repeat his statements from before the introduction of the zones and after their introduction. Contradiction and opportunism certainly don’t appear to worry this councillor who, we remind readers, played an integral part in the introduction of the zones in the first place!

Prior to the secret and devious introduction of the new zones, which is repeatedly heralded as Glen Eira’s crowning achievement strictly because of its height limits, Hyams proclaimed the following (dates are from our postings)

HYAMS: Said that a problem was that if you set height limits then ‘people will build up to that height and you can’t stop them’ but if you don’t have height limits and let each application be ‘judged on its merits’ then you could get ‘better outcomes’. (from our post of 6/2/2013 – ie on application for Glen Huntly Road – 6 storeys and 45 dwellings which got a permit from council.)

Then post zones we get this diametrically opposed statement –

Hyams – ‘The new zones are limiting development’ because of the height limits and that ‘anyone who tells you otherwise doesn’t know what they are talking about’ or ‘is deliberately seeking to mislead you’.(25/9/2014)

 

Residents will remember the GESAC basketball allocation fiasco where the Oakleigh Warriors were given the lease of the newly created basketball courts instead of the local McKinnon Basketball group. The arguments presented by Paul Burke at the time were that the Warriors had promised council more money and about 120 hours filled in court time. We also believe that the ombudsman became involved in this decision. Public questions followed, none of which were satisfactorily answered –  for example: are the Warriors paying their weekly rental? are they meeting the stated court hours?

Well now it appears that:

  • Council could be owed thousands and thousands of dollars that the Warriors have not paid on their weekly rent
  • Bob Mann is now gone
  • McKinnon Basketball has been granted access to GESAC
  • Does any of this account for GESAC’s stated loss of $340,000+ from the anticipated income?
  • What does this say about the ‘business plan’ instituted by Newton, Burke and the councillor group? What ‘evidence’ was supplied at the time to ensure that the Warriors could afford what they promised? and
  • How much have residents forked out over the years in subsidising another woeful decision from this administration and councillors?
  • Will this council produce figures that clearly reveal all income and expenditure on GESAC? If not, why not?

Here is the Leader’s version of events –

Oakleigh Basketball Association slammed by messy off-court chaos

OAKLEIGH  Basketball Association is in tatters with financial and governance issues meaning hundreds of children have been forced to leave the league.

The association, which last year had more than 500 junior players, has had its operations put on hold by Basketball Victoria after an inquiry.

Some players have been transferred to the McKinnon Basketball Association, while representative players had the option of trying out with other associations or establishing an Oakleigh team in the McKinnon or Port Phillip associations.

Glen Eira Council reached a deal with McKinnon which will see the association have use of the Glen Eira Sports and Aquatic Centre basketball courts this season; the courts would usually be used by Oakleigh.

Basketball Victoria manager Stephen Walter said he initially stepped in to resolve a governance issue as two committees had claimed control of the ­association.

“There were lot of families leaving the club or they just weren’t re-registering; the club had lost critical mass to run a domestic competition,” Mr Walter said.

Tony Pitara, who was president of one of the club committees, said he had identified a tax debt at the club, dating back to 2009 and that was being addressed.

Mr Pitara said he respected Basketball Victoria’s decision, but was confident that had the club sorted out its internal “politics”, it could have found a solid financial footing in two to three ­seasons.

Karen Wilson, vice-president of the newer committee said she had been informed the debt was in the region of a “manageable” $70,000.

But she said the sacking of the head of coaching had created dissatisfaction and prompted the establishment of the second committee.

Cheltenham mum Rosey Cooke, whose son Andrew had played at Oakleigh for five years, said parents weren’t consulted.

“The kids don’t understand all this business — they just want to play ball,” Ms Cooke said.

Source: http://www.heraldsun.com.au/leader/inner-south/oakleigh-basketball-association-slammed-by-messy-offcourt-chaos/news-story/5e556fc1430a1dbbaa4f4e27ccc34a23

We’ve received this email from a resident asking for Tucker Ward candidates’ responses –

Dear Candidates,

As you are a candidate for Tucker Ward, I would like to hear your views about the following local problem.

If you visit Mckinnon station and walk along Nicholson street, you will see exposed pilings, both within the station and external rail corridor. The job to rebuild Mckinnon station and reinstate appropriate aesthetic finishes to the rail corridor is clearly unfinished and not done to an equivalent standard as Ormond Station.

Since the beginning of the level crossing removal, we have been asking what the final structures will look like. Early on, we were told there would be a concrete wall with additional fencing for safety and screening. This has not been the outcome.

In the rush to re-open McKinnon station first, the completion of the concreting and aesthetic finishes were not completed. Not only are the exposed pilings and partial concreting unsightly, but the incomplete nature of the works appear to be unsafe (e.g., the exposed sharp edges of the metal pilings). This will inevitably encourage vandalism, which has already started.

However, the job is finished according to the Level Crossing Removal Authority, with the exception of some revegetation along parts of the rail corridor. They claim that Glen Eira Council have signed off on the “design”, including the exposed pilings and partially concreted beams. This clearly contradicts the concrete covering of these same structures that have been done at the Ormond location.

Most of Bent Street and Nicholson Street have already been sold for development. There are simply not enough long-term residents left to garner interest in this local issue.

So my question to you is: What will you do, if elected, to ensure the Level Crossing Removal Authority really finish McKinnon station and the surrounding rail corridor?

Kind regards,

xxxxxxxxx

Resident of Nicholson Street McKinnon, Tucker Ward

On Thursday night at the Camden ward forum there was some discussion on structure planning and how this was to be the be all and end all for Glen Eira’s problems! A solution in one fell swoop! Delahunty expressed some regret that council had not undertaken this process during her four years as a councillor but assured residents that Elsternwick would be better off once these plans were introduced.

Even if we accept this position, it still leaves a multitude of questions that require honest answering. Structure plans are intended for use in activity centres. Elsternwick is a MAJOR activity centre – yet it has been excluded from the interim height controls recently proposed by council. The spurious and unbelievable excuse provided by councillors was that in the ‘popularity’ contest, Elsternwick featured lower on the list of priorities than did Bentleigh and Carnegie. This may well be true, but it is hardly a valid excuse for neglecting Elsternwick and the prospect of major high rise development that is on the cards with Coles, Ripponlea studios, etc.  This leads us to suspect that Council has geared Elsternwick to accommodate much denser development in this area.

Further, council’s ‘action plan’ following the ordered Planning Scheme Review, states that 2 structure plans (Bentleigh & Carnegie) will be completed within 4 years. If it takes 2 years per plan, and if Elsternwick is next in line, we won’t see anything happen for another 6 years! Unacceptable! Then there are all the so called ‘neighbourhood centres’ such as McKinnon, East Bentleigh (with Virginia Park looming), Ormond, Caulfield North (already seeing 7 storeys go up) etc. The time lag for completion of these structure plans could be as far away as 20 years. In the meantime street after street, neighbourhood after neighbourhood will be overdeveloped and ruined if the current rate of development continues.

As for the interim amendments recently submitted to the Minister for rubber stamping, residents have again been left out in the cold with no opportunity to comment or express their viewpoints. No-one was asked whether they thought discretionary rather than mandatory heights should be the option; no one was asked whether they thought 7 storeys in Carnegie was acceptable or appropriate or whether 5 storeys in Bentleigh was suitable. Not one single piece of strategic justification for any of these decisions has been provided. This makes us suspect once more than a neat little secret deal has already been teed up with the department and the minister in order to buy time for council and to delay and continue to delay any real strategic work!

Below we feature council’s ‘justification’ (obtained under FOI) for these two amendments as sent off to the minister. Hardly solid, researched, and validated ‘strategic justification’ for anything.

img004img006

Thus if new councillors are elected in a few week’s time we suggest that their immediate priority should be to:

  • Rejig the budget so that funds are available to immediately hire outside consultants to start on these structure plans and other amendments that would change the schedules to the various zones.
  • To immediately implement a full and complete review of the zones with community consultation

We’ve uploaded several pages from a secret report by Charter Keck Cramer. The report was obviously commissioned well before July 2013 (the date the report was completed). The report is courtesy of the Department and its objective was to use GLEN EIRA AS A MODEL for the introduction of the new zones. Thus Council was well and truly up to its eyeballs in secret meetings with Guy, and the department in order to be the ‘first’ council in the state to introduce the new residential zones.

What is significant in the following pages (obtained under FOI) is:

  • The emphases on state revenue via property tax and stamp duty
  • Job creation for the construction industry, and
  • Housing supply

There is not one word in this analysis regarding impact on existing neighbourhoods or the deterioration of residential amenity. No mention of required infrastructure; no mention of open space and no concern about transparency and community consultation. Even more astounding is that Glen Eira claimed to have 85 years worth of development potential and 89 years worth once the commercial areas were included! Notes of meetings between the parties reveals that ALL COUNCILLORS were in favour of the introduction of the horrendous zones.

The crucial questions here are:

  • Were all councillors provided with a copy of this report? If so, what questions did they ask? If not all councillors were provided with the report, then why not?
  • Exactly what were councillors told about the secret meetings between Guy, Newton, Akehurst and Hyams?
  • What role did the Liberals on Council (ie Hyams, Lipshutz, Esakoff, Okotel, ‘Pilling’) have in endorsing this secrecy and collusion with Matthew Guy and his bureaucrats?

As we have repeatedly stated, there is no excuse for responses to public questions being lies. There is no excuse for the failure to inform the community as to what is about to happen. There is no excuse for appalling planning and definitely no excuse for failure to implement planning controls for the past decade. All current councillors are responsible for these failures and the damage they have caused to countless residents.

pages-from-charterkeckcramer-report0001_page_1pages-from-charterkeckcramer-report0001_page_2

bethlehem

The  latest example of Glen Eira’s woeful planning scheme is evident from this latest application for a 19 storey aged care facility in Kooyong Road. The cry goes up that there is a ‘loophole’ in the policy which would allow such a development. Yes, there is. But it is not a ‘loophole’, it is a gaping chasm compared to the policies that other councils have successfully implemented. We provide just one example from Hume City Council – and there are plenty more. Please note the following:

  • Glen Eira’s ‘policy’ relies on the 2002 housing policy. Hume’s on their 2007 ‘healthy aging’ policy
  • Hume stipulates for nursing homes that there be – One on-site car space per two members of staff and One on-site visitor car space per five residents. Glen Eira is silent on car parking spaces for visitors.
  • Retirement villages in Hume are said to require – All dwellings should be provided with a minimum of 2 bedrooms to provide flexibility for residents and room for family visitors. In Glen Eira there is no mention of number of bedrooms.
  • Hume requires – A centrally located open space area that occupies at least 10% of the total site area should be provided. Glen Eira’s requirement for ‘open space’ is vague and nebulous and basically waffle – Ensure a small area of secluded private open space, in addition to communal open  space, is provided for low care aged persons housing. For medium and high care aged persons housing, communal open space should be provided.
  • In Hume, there is emphasis on avoiding main roads. Glen Eira endorses this and the consolidation of large lots – Large allotments on main roads in Minimal Change Areas. Consolidation of sites is not encouraged unless the site abuts a main road.

Thus we have another policy that any developer can literally drive a truck through. And this policy dates from 2007. Yes, there are problems with policies everywhere, but at least other councils have the will and desire to close as many loopholes as they can. Glen Eira does not since this will only place impediments in the path of developers!

We have uploaded both Hume’s and Glen Eira’s policies so that residents may compare!

A comment has been received from a resident which we feel should be highlighted here as a separate post. The suggested questions are excellent and the recommendations sound and pragmatic.

We have commented numerous times on how many dwellings have already gone into Glen Eira in the past 5 years and how we are well ahead of projected population growth if this trend continues much longer. (See: https://gleneira.wordpress.com/2016/09/25/more-on-hyams/

We have also highlighted how the recent planning scheme review and its ‘workplan’ will take up to 20 years to complete if this council has its way. That is literally much too late to save the neighbourhood centres such as McKinnon, Bentleigh East, Ormond, Caulfield South, etc. We are already seeing 7 storeys in Hawthorn Road, Caulfield North.

Thus, instead of producing a meagre 2 structure plans in 4 years (and somehow Elsternwick has already been written off without any community consultation), action is required now. That means reorganising the budget, setting aside funding for outside consultants and beginning the work immediately. We also have to question why, when the Minister ordered council to move its butt way back in December 2015, the first structure plan isn’t already on the drawing boards and in the public domain for consultation.

We repeat again. These councillors have failed its residents and do not deserve to be re-elected.

Here is Mr. Ptok’s comment in full –

I was not able to attend, but am grateful for the information provided here, and the comments.

As someone involved in objecting to a number of developments in Carnegie (including appearing at VCAT at the recent 90-94 Mimosa Road application, which got approved today), I have penned a few questions I emailed the candidates in Rosstown Ward. Still waiting to hear back from some of them, but the following includes some key steps which, I believe, will help strengthen council’s position in VCAT hearings. Especially in light of today’s decision, I have concluded that the only hope of preserving anything of our neighbourhoods, is implementing the full Planning Scheme Review Work Plan in the coming term of council. This may require paying external consultants, but if it’s not done, looking at the speed of development in Carnegie, there won’t be much left of the old Carnegie come 2020.

Please feel free to circulate / ask your candidates, if you think any of the following can help strike a better balance between competing needs:

Dear [candidate],

I am a resident and voter in Carnegie.

I believe that whilst development is necessary, it needs to strike a balance between the needs of existing community, the developers, and future residents. Having been involved in a number of VCAT hearings, I believe there are things council can do to better manage the developments.

Could I ask which, if any, of the following actions you are willing to initiate and support, if elected to council:

1. Regular (at least quarterly) reporting on net dwelling approvals and dwelling type. This should include retrospective reporting, at least to 2013 when the new residential zones were adopted, ideally to 2003 when the municipality adopted policies to differentiate the municipality into housing diversity and minimal change areas.
This will allow comparison of dwelling approvals to population targets, and confident answering of the question: “is Glen Eira doing its fair share of meeting new housing required in Melbourne?”

2. Council’s VCAT watch report should include, where decisions went against council, a section on “actions council can take to avoid a similar outcome in future”.
This will give Councillors a clear idea of what would “strengthen” the Glen Eira planning scheme to ensure council decisions stand.

3. A review of the Planning Scheme Review Work Plan, including a presentation of council’s representative at VCAT. As the workplan currently spans more than a decade and relies heavily on internal resources to be completed, the concern from a resident point of view is that by the time the workplan is completed, the municipality will no longer be recognisable. As resident and ratepayer, I would be very happy if council used funds to pay external consultants so the work required can be completed in the next term of council.
A review of the work plan will give the newly elected Councillors an early opportunity to shape the management of development in Glen Eira.

4. Seek an amendment to the planning scheme to better manage change in neighbourhoods and where different planning zones meet. The amendment I am suggesting is that the maximum building height of any new development be the lower of:
– the height of the lowest adjoining property (including across the road) plus two stories, or
– the maximum height permitted under the zones.
This approach strikes a balance between the needs of neighbours (who would prefer a 1 storey increase) and developers (who would prefer going straight to the maximum), and allows for more managed change of neighbourhood character over time.

I am asking the same questions of all candidates in Rosstown Ward and look forward to your reply. If you require any further information on any of the points raise, I am of course happy to answer any questions.

Kind regards,

Greg Ptok

Several weeks ago Hyams & Delahunty were interviewed on the JAir radio station. Below we present the opening section with Hyams. The audio goes for 5.24 minutes.

As per usual with Hyams he is not averse to making statements that are misleading, incorrect, and blatant misrepresentations of the truth. Here are some examples:

HYAMS: What’s going on in Glen Eira is actually a lot less than what’s been going in some of the neighbouring municipalities

COMMENT

Dead wrong! We have compiled data from the Australian Bureau of Statistics (ABS) on building permits for the past 5 years and uploaded the 2015/16 data HERE so that readers can check for themselves. What residents need to realise is:

  • Of our ‘neighbouring municipalities’ Bayside, Kingston, Port Phillip, and Monash have had less development over the past 5 years! The only ‘neighbours’ with greater numbers are Stonnington and Boroondara – and there are some good reasons for this!
  • Glen Eira has 2.8% zoned Commercial. Stonnington according to the recent State of Play Reports has 8%, Boroondar has 3.6% and Port Phillip has 12% plus this latter municipality being in the unique position of being ‘capital city’ zone and a tourist hub. In these municipalities the majority of new development occurs in these commercial areas, whereas in Glen Eira, the overwhelming majority of new dwellings are in our quiet residential streets – thanks to the zoning and the small percent zoned commercial.
  • The number of houses built in Glen Eira is small compared to many other municipalities – thus development in Glen Eira is primarily apartment blocks
  • Other municipalities are double or triple the size of Glen Eira which already has the highest density per kilometre in the Southern Region. The impact on density and liveability is thus far greater in Glen Eira than say Kingston.
  • Victoria in Future 2016’s projections (UPLOADED HERE) indicate that from 2011 to 2031 Glen Eira will require an additional 11,800+ new dwellings to meet its population needs. The figures on building permits show that in Glen Eira more than half of this target has been reached in the space of 5 years AND these figures DO NOT INCLUDE THE 1500+ UNITS FOR THE CAULFIELD VILLAGE AND POTENTIALLY ANOTHER 4000+ FOR VIRGINIA ESTATE. At this rate, Glen Eira will meet its ‘target’ not in 2031 but in 2020. Then what?

Please consider the following table carefully. The figures in parenthesis represent the number of houses with building permits for that year.

building-approvals

There are plenty of other statements that amount to arrant nonsense and we believe designed to deliberately mislead:

  • Minimal change areas have had 50% site coverage, 25% permeability, and 4 metre setbacks since Amendment C25 which was gazetted in 2004. The only thing the zones have changed is making 8 metres mandatory and 2 dwellings per site – and not as Hyams so inaccurately portrays that these ‘additional’ protections are a result of the zones! What he also neglects to mention is that even this ‘protection’ is not sacrosanct if the size of the lot happens to be larger than its surrounding blocks of land. In Glen Eira at the time of the introduction of the new zones there were 1,795 lots of land in the Neighbourhood Residential Zone which were greater than 800 square metres. (Source: DEWLP document procured under FOI)
  • There are no setbacks to the Residential Growth Zones apart from ResCode. They have been there since time immemorial and again have nothing to do with the zones!
  • Developers buy up multiple blocks because they can squeeze more units on and this is explicitly encouraged in the Planning Scheme!
  • Glen Eira does not have 78% zoned as Neighbourhood Residential – it has just under 70%

But the best line must be – It’s not like we changed the zones to allow more development without telling anyone…..

Really? Is that why the zones were introduced in secret and public question responses were nothing but lies and all such responses ‘signed off’ by councillors without a single murmur?

There’s much, more more that could be said on Hyams’ performance on JAir. We will leave it to our readers to comment further.

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