2

PS: Before we forget, we remind readers that the Mayoral ‘election’ is taking place tonight. Strong rumour has it that Pilling will get the nod, but the intrigue involves the Deputy Mayor. Again, the rumour is that Lobo will be supporting Lipshutz for Deputy instead of Delahunty. If true, how amazing! An individual who has been screaming ‘racism’ , who is a Labor man, will now support his nemesis? If Lipshutz is running for Deputy, then it is pretty clear in our view as to why – Pilling needs a ‘minder’ to ensure that he sticks to the gang’s agenda! If there is any credence to this rumour then what a sorry, sorry state of affairs!

PS: A reader has sent us the following image which clearly illustrates the woeful traffic situation in Morton Avenue. Please keep this in mind as you read the ‘debate’.

mortonave

Below is our continuation of the Morton Avenue ‘debate’ aka debacle. Just for the record, we have also gone through the minutes of this new council in order to highlight the hypocrisy, lack of consistency, and sheer humbug that represents planning argument by these councillors. On each of the decisions listed car parking requirements were waived – whether this be onsite resident parking, visitor parking or loading bays, or a combination of all.

ESAKOFF: moved motion for 5 storey, 33 dwellings, 1 shop and a visitor car parking to 4 spaces. Seconded by Okotel. Esakoff didn’t say much except that this was ‘more in keeping’ and that since there’s already a permit for 5 storeys then ‘this was more in keeping’ with the area. On car parking Esakoff stated that this was a waiver of 3 and ‘this was fair’. Moreton Avenue is ‘busy’ so ‘it’s important that onsite visitor parking is provided’ and her motion would make it ‘nearly adequate’.

OKOTEL: even though this is ‘overdevelopment’, 5 storeys is ‘more resonable’ than 6 storeys and with the increased parking requirements and the ‘reduction in dwellings’ that residents ‘in that street’ will be better off.

PILLING: claimed it was ‘ironic’ that in providing more car parking spaces it could be seen as inviting ‘more cars to the area’ and ‘that’s the  opposite of what we probably want’. Went on to say that if people are worried about ‘congestion’ then giving more car parking spaces will only ‘bring more cars in’. Spoke about ‘precedents’ and how other councils have given permits for developments near railway stations minus any car parking provisions. Glen Eira needs to be more ‘flexible’ on this because the result will just be ‘bringing more and more cars’ into these areas ‘which doesn’t help anyone’.

MAGEE: ‘everyone knows’ that in Glen Eira there’s an ‘unprecedented need for housing’ and there are plenty of areas where ‘we struggle to build’ places. ‘We have to supply affordable housing in those areas’ that they think are ‘acceptable’. Said that ‘we’re failing with this motion’ by not accepting the ‘opportunity’ that the site presents. Stated that every time in sites like this if they keep taking off a floor then it ‘reduces the opportunity to maximise not just the investment’ but ‘returns to us the community’. Went on to speak about ‘amenity’ and the impact of 4 more ‘units doesn’t stack up’ to the ‘need for community housing’. Thought that ‘we need to be a little bit braver’ and ‘seize the opportunities in front of us’. ‘It doesn’t get any clearer than this’ and council is ‘missing a great opportunity’ here.

SOUNNESS: said that things are a ‘little bit incongruous’ and ‘wished that we as a council group can form a clear picture’ of what’s the future for these areas because ‘we can’t have dense development and car parks’. Said he saw this happening in other areas like Murrumbeena, Elsternwick etc.

DELAHUNTY: didn’t want the discussion on parking and encouraging users onto public transport be ‘laid to rest’ and that there should be a ‘look at impact on future traffic flow’. There was the need to determine ‘what we want’ things to be like and ‘how we can actually make that happen’. Said that she would ‘bring this up at a later date’.

HYAMS: thought that the issue boiled down to whether visitor car parking ‘encouraged people to drive’ or whether ‘they are just going to drive anyway’. He thought that the ‘reality’ is that people will drive regardless. Therefore ‘incumbent on developers’ to provide parking spots. He’s therefore in favour of visitor car parking because not having this won’t stop people from using their cars. So ‘visitor parking is still important’.

ESAKOFF: didn’t ‘have a problem’ with the building ‘one iota’. Problem is parking and ‘it will be a long time’ before behaviour changes so there’s a need for parking. What will hapen is that with no parking then people will park ‘in the nearest possible’ side residential streets and ‘impact’ on these people’s amenity. She’s therefore ‘trying to avoid that impact on the wider community’.

MOTION PUT AND LOST. Hyams admits that now ‘I don’t know what to do’!!!! Chaos now reigns supreme for about 5 minutes whilst everyone runs around trying to figure out what to do and drafting another motion. At one point Pilling wanted to move the original motion again!

Pilling then moved the motion for 4 car spaces and seconded by Lipshutz. Pilling didn’t speak to his motion at this point.

LIPSHUTZ: said that he voted against first motion because his ‘concern’ is parking.

OKOTEL: asked if they made the application include car parking spaces ‘where would they go’ on the plan?

AKEHURST: basically said that this would force down ‘the number of dwellings’

OKOTEL: asked if the top storey was removed whether the developer would have to ‘reduce the amount of greenery’ around the site and the setbacks?

AKEHURST: said he didn’t think this would happen.

OKOTEL: asked if he thought there would be ‘a reduction in open space’

AKEHURST: the decision is being made on ‘the basis of the plans submitted’ and the conditions imposed would be making one change.

PILLING: this was a ‘compromise’.

MOTION PUT AND CARRIED UNANIMOUSLY

Here are previous decisions, all taken directly from the minutes. Readers should note the previous comments from Lipshutz and Hyams and how they stack up against the comments represented above! 

127-131 Gardenvale Road (November 27th 2012) – motion carried. At the time this is what Lipshutz said: concurred with Delahunty that this area is ‘appropriate’. Was concerned about parking and ‘unfortunately this particular site doesn’t lend itself to have ‘ visitor parking available but there’s areas on the street so residents won’t have this added pressure put on them. Didn’t agree with Delahunty on structure plans because they are a ‘blunt instrument’ and ‘certainly not very flexible’ but that’s ‘a debate for the future’. Hyams in turn stated the following: “‘Normally I would say there should be visitor parking, but in this case it is ‘not practical’ because of the car stackers which visitors couldn’t use. It’s also a commercial areas so people wouldn’t come outside ‘commercial hours’ there would be ‘spots for visitors to park’ and on ‘that basis’ he supports the recommendation/amendment 

At least on this occasion, Esakoff and Okotel were consistent on their advocacy for visitor car parking.

483-493 Glen Huntly Road (Feburary 5th, 2013) – Lipshutz and Sounness moved this motion for reduction of car parking, visitor car parking, loading bay, etc. Motion carried. On this one even Esakoff and Okotel voted to accept. 

687-689 Glen Huntly Rd (February 5th, 2013) – Lobo and Delahunty moved to reject application. Motion lost and subsequently Pilling and Lipshutz moved to accept. Motion carried. 

645-647 CENTRE ROAD (April 9th, 2013) – Magee and Delahunty moved to accept. Motion carried. 

451-453 South Rd (2nd July, 2013) – Pilling and Magee moved to accept. Motion carried unanimously. 

261 CENTRE ROAD, BENTLEIGH (August 13th, August) – delahunty and lipshutz moved to accept. Motion passed unanimously. 

674 CENTRE ROAD, BENTLEIGH EAST (24th September 2013) Pilling and Okotel moved to accept. Passed unanimously.

This is the first part of a very long post, which we’ve interspersed with our own commentary on the continual nonsense that issues from the mouths of all our elected representatives. We are admittedly having great difficulty in deciding whether most of these councillors are just plain ignorant and haven’t done the necessary homework or, whether all their utterances are designed to deceive, beguile and play to the audience. Or whether they simply don’t give a damn and are only going through the motions. Whichever, one thing is absolutely clear – they are not up to the job in any shape or form. The following illustrates this completely.

MORTON AVENUE APPLICATION

Pilling moved to accept and seconded by Magee

PILLING: stated that this was a ‘key site’ being ‘opposite a railway station’. Supported the officer’s recommendation and said that recently they’d lobbied and been ‘successful in getting new zones’ and this application ‘falls into 3%’ of the municipality and ‘it’s the only zone which hasn’t got height restrictions’. Pilling also said that ‘6 storeys in this location is quite acceptable’. Said that all round there really weren’t any residences – a library, carpark, etc. Claimed that people ‘shouldn’t shy away’ from the fact that the city is protected and that 3% around activity zones is quite acceptable. ‘We should be true to what we’ve been advocating’. Acknowledged that there was some concern about the reduction in visitor car parking but this could be ‘justified’ by the nearby VicTrack  public car park. Went on to say ‘that we are encouraging high development in this area’ so that people will end up using public transport. ‘This is in keeping of where we were aiming for’.

COMMENT: Pilling should definitely check his facts – the Commercial zone is NOT the only zone within Glen Eira that does not have height limits. The Mixed Use Zone (of which there are 23 within Glen Eira) is also without prescriptive height limits.

MAGEE: said that when an application like this comes up then ‘we know’ that parking will be an ‘issue’. Then ‘you go through things that as an individual councillor concern you’. Claimed that this ‘meets every criteria for a six storey building’ and for ‘the right building in the right place’. ‘It’s a very good looking building’ and ‘I think it’s a responsible height‘. Said that there’s an ‘abundance’ of car parking nearby and  ‘visitor parking isn’t such an issue’ because ‘evidence based’ information says that this is after hours. Said he hoped that it ‘does meet the community’s expectations’. ‘I believe that this is the right building at the right place and certainly at the right time’.

COMMENT: A bit rich for Magee to comment on ‘community expectations’ when the community has NEVER been provided with the opportunity to state clearly what its preferred height limit is in any area of the municipality. We would also advise that Magee sits down and carefully reads the government guidelines on higher density development. We certainly doubt that he has! We also love the appeal to ‘evidence based’ data. We interpret this to mean any data that is provided by the developer’s traffic consultant!

OKOTEL: said that this is a ‘gross overdevelopment of this area’ since Morton Avenue is ‘small’ and already has many ‘new developments’. It’s already ‘congested’ and made worse by ‘traffic’ and there’s a ‘lack of amenity’ for those people already living there. ‘It is incumbent on council to consider that’. Reported that in 2003 VCAT approved a 4 storey dwelling in Morton Avenue but ‘at that time Morton Avenue was a very undeveloped area’. Now ‘ten years on’ this is a ‘completely different area’. But since council has since approved a 5 storey development nearby it would therefore ‘be fair’ for this to also be five storeys. Said that infrastructure was ‘lacking’ and that turning into Koornang Rd is ‘a nightmare’. Visitor car parking is also ‘of great concern’ and ‘we do need to look at our policies and what we require’ and that even if one storey is lopped off there would still be ‘inadequate car parking spaces’. Spoke about how residents can be impacted by such developments and the lack of amenity. Said that potentially this means ’80 people’ moving in and finished by saying that ‘this is not an appropriate development’.

COMMENT: ‘need to look at our policies’!!!! Well, all we can say is that this is why you and other councillors are there! When was the last time that the Road Safety Strategy came up for review? When was the last time that Parking Precinct Plans were even thought about? When did council last successfully introduce any parking overlays in its Planning Scheme? What on earth have these councillors been doing – except to mouth the platitudes that certain policies need to be ‘looked at’!!!!!!Actions count and not public grandstanding!

ESAKOFF: agreed with Okotel that 6 storeys, 40 units and waiving car parking is ‘a little too much’ for the ‘busiest corner of Carnegie’. Said that if they start waiving 7 car parking spots then they’re ‘asking for incremental trouble’. She would ‘like to see the parking provided that’s necessary’ but ‘would consider a waiver of perhaps three’. Agreed that if ‘there’s a place, this is the place’ but ‘it is not providing sufficient parking’ and for her this has ‘always been a sticking point’. Foreshadowed a motion for 5 storeys. Went on to say that ‘in an ideal worls’ she’d like to see ‘something happening’ up on roofs as part of open space such as a garden or just ‘a space’.

COMMENT: ‘would like to see the parking provided that’s necessary’. Wow! Perhaps someone should point out to Esakoff that there are standards in the planning scheme that council, including herself, simply like to ignore. Here are just a few of decisions FROM 2013 that have waived car parking, and/or loading/shop front parking bays! And all have been given the stamp of approval by councillors themselves – often in unanimous votes. It’s a bit difficult then to swallow the guff about providing what’s necessary when waiver after waiver is granted, not by VCAT, but by councillors themselves.

645 – 647 CENTRE ROAD, BENTLEIGH EAST

198-202 BALACLAVA ROAD, CAULFIELD NORTH

483-493 GLEN HUNTLY ROAD ELSTERNWICK

451-453 SOUTH ROAD BENTLEIGH

We also have to ask whether a waiver of 3 car parking spots does NOT REPRESENT ‘INCREMENTAL TROUBLE’ OR IS 7 SOMEHOW THE MAGICAL NUMBER?

SOUNNESS: was in support of the recommendations but had some concerns. Thought it was ‘good to have people’ close to transport, and a good facade which this has. Was worried about the lack of 3 bedroom units. Said that there are similar zones in Glen Eira and that greater density will be happening and that council ‘will be facing pressure’ from developers for 6, 7 or even higher buildings. Claimed that there has to be a ‘range’ of dwellings and not just ‘boxes’. He will support the recommendation, but he sees this issue as ‘lacking in Glen Eira’s policy’.

COMMENT: Oh dear – another councillor who does not know his own planning scheme and community plan. The scheme clearly states the need to encourage a ‘diversity’ of dwellings including 3 bedroom units. The fact that council does nothing about this is another matter. Please Sounness, do your homework. It’s a year now since you’ve become a councillor and should at least know the basic but unimplemented vision!

HYAMS: didn’t have ‘a problem with the height’ because it’s the ‘right place’ and ‘next door to a five storey building’. Conceded that there are one storey houses in Sheppason Avenue but ‘they won’t even be able to see’ the building because of setbacks and the 5 storey building. Was worried about parking and that there is ‘policy’ and that the ‘reason why we have policy’ is to make Glen Eira ‘a whole better place to live’ and they adhere to policy when they consider how the ‘amenity’ of other people is affected. Said it was hard to get parking in the area and ‘especially on a Saturday’ so ‘we should continue to do what we can’ to make developments have sufficient car parking. Putting in more stackers won’t solve the problem. All that will help is ‘reducing’ the number of units. Thought that ‘it is important that we try to stick to our policies’. On that ‘basis’ he is against the motion.

COMMENT: good to know that ‘policy is policy’ (but only when it suits) since in the past Hyams has clearly stated that applications should be looked at on a case by case basis! Wonderful rhetoric that leaves room for all kinds of inconsistencies and political manoeuvring!

DELAHUNTY: ‘as a general rule’ she believes in ‘sustainable development’ and that higher density has to go near railway stations, etc. This is good for ‘traders’ and ‘the city’ and that it’s ‘council’s job to make sure that the traffic flows’ and also ‘encourage’ people to use alternative modes of transport. ‘The only thing’ with this application that worries her is the lack of visitor car parking. Said that council’s policy on visitor car parking ‘is not necessarily consistent’ with other councils’ guidelines. She is ‘torn about this’ but will support the recommendation. Admitted that ‘it might set quite a precedent for that area’.

COMMENT: what a pity that Delahunty doesn’t acknowledge that without height limits, without parking overlays, without any attempt to introduce structure plans for activity centres in the past decade, there is no such thing as precedent! Anything goes, and it’s already long gone!

PILLING: ‘this is the right area’ for this development. Thought that there ‘has to be some flexibility around visitor car parking’ and the problem is also level crossings so have to be ‘flexible’ about the car parking and get people to use transport. ‘Balancing’ the ‘pros and cons’ he thought that officers ‘had got it right’ and ‘it’s in line with the zones’ 

MOTION PUT AND LOST 4 TO 5.

VOTING FOR – MAGEE; PILLING, SOUNNESS, DELAHUNTY

VOTING AGAINST: ESAKOFF, OKOTEL, LIPSHUTZ; HYAMS, LOBO

Part 2 will focus on the next motion from Esakoff that also went down in a flaming heap! and nor did it lift the level of debate as readers will see.

071113_Reappointment_of_CEO

Glen Eira Council cops costs in adjourned case against former councillor

  • Andrea Kellett
  • November 06, 2013 4:25PM
Former Glen Eira councillor Frank Penhalluriack outside the Melbourne Magistrate's Court today. Picture: Janine Eastgate.

Former Glen Eira councillor Frank Penhalluriack outside the Melbourne Magistrate’s Court today. Picture: Janine Eastgate. Source: News Limited

GLEN Eira ratepayers have copped an $11,800 legal bill after a crucial omission by council lawyers on day one of a criminal court case against former councillor Frank Penhalluriack.

Magistrate Denise O’Reilly has ordered the council pay defence teams’ costs for today’s wasted appearance.

But total costs to Glen Eira ratepayers for today’s gaffe will be far more than $11,800 once the bill of the council’s legal team, including a barrister and instructing solicitor, is taken into account.

The Melbourne Magistrates Court also adjourned the case until March, to allow council lawyers to prepare and give “proper” notice of crucial witness evidence.

Mr Penhalluriack, his company K.I. Penhalluriack Nominees Pty Ltd and former tenant Tomer Rabba have been charged with breaching the Public Health and Wellbeing Act 2008.

The council alleges they operated an illegal rooming house from a rental property on Hawthorn Rd, Caulfield, between May and June last year.

All have pleaded not guilty.

Magistrate O’Reilly told council lawyers she wanted “proper” notice of their intention to present hearsay witness evidence.

“There wasn’t proper notice given,” she said.

“I think it’s the right thing that they give proper notice.”

The evidence relates to a conversation a Glen Eira Council building inspector is alleged to have had with a man at the property last year.

The court heard council’s legal team could not find that man, known only as ‘Brent’, and they wanted “hearsay” evidence of what he is alleged to have said, allowed in court.

David Grace, for Mr Penhalluriack, objected and urged Ms O’Reilly to let the hearing continue without that evidence.

The discussion relates to how many people were staying at the property and could be relied on in the prosecution’s case that the house was being used as a rooming house.

It has since been demolished and replaced with a car park.

Ms O’Reilly adjourned the case to March 3 for three days.

Speaking outside the court, Mr Penhalluriack said he was “disappointed” about the delay.

Source: http://www.heraldsun.com.au/leader/central/glen-eira-council-cops-costs-in-adjourned-case-against-former-councillor/story-fngnvlpt-1226754412798

COMMENT

What the Leader article does not make clear is that Council had 3 lawyers (including a barrister), their own corporate counsel, the ‘policing officer’ (Katz) and 3 other officers sitting in court all day. Another 3 officers were waiting in the wings to be called as witnesses in the days ahead. That should, we estimate, come close to at least another $15,000 that’s gone down the drain for nothing and is just the beginning. The case is scheduled for 3 days. If Penhalluriack wins then the cost to ratepayers could be huge.

After 3 mentions, and continual delays, Council’s lawyers still seem incapable of getting their act together. Shades of the original VCAT hearing where council was ordered to go away and write up its case properly. Instead of providing clear ‘briefs of evidence’, as required by law, ‘hearsay’ introduced at the last moment became the bone of contention. The magistrate ordered that Council undertake proper process by giving ‘notice’. In other words, basically telling council, and their expensive lawyers, that they’ve stuffed up! Also worthy of mention is that the charge against Mrs Penhalluriack was withdrawn right at the start. Make of this what you will!

We strongly recommend that every single Glen Eira resident should at least once in their lives attend a council meeting in order to view the continual circus, and general incompetence of our elected representatives. Tonight was no exception. Below is a very brief summary of what occurred. Full reports will follow in the coming days.

MORTON AVE APPLICATION

1. Pilling and Magee moved to accept the recommendations for a 6 storey development with the usual arguments of ‘appropriate’ for this zone; ‘reasonable’ high density; ‘right building for right place’, etc. etc.

2. Arguments against were waiving of loading bay, reduction in visitor parking.

MOTION PUT AND LOST.

3, Esakoff then moved another motion that this be 5 storeys and 33 dwellings plus 4 visitor car parking spots. Seconded by Okotel. Main arguments were problems with traffic, parking, and that 5 storeys was okay plus a waiver of 3 parking spots ‘was fair’.

MOTION PUT AND LOST

Great confusion at this point since: – (a) no decision on application and, (b) no amendment had been put. Everyone scurried around like lost sheep ‘consulting’. Pilling then came up with a third motion – back to 6 storeys and 3 visitor car parking spots! This time motion got up unanimously!

MAV CONFERENCE

Esakoff reported on the MAV conference she attended and the raft of resolutions passed at the conference. All well and good. Trouble is that not once did she say anything about the voting pattern of Glen Eira City Council!!!! We remind readers that none of the motions were presented at an ordinary council meeting and no formal resolution has ever been taken on how to vote on any of the motions. Worse still, is that residents are kept in the dark. It is secrecy, lack of transparency and abysmal governance all over again!

Plenty of calls for Lobo to withdraw some of his comments which he eventually did but not before he named Lipshutz as the councillor who told him that officers could not understand him. Okotel was having hearing problems and attempted to use ‘right of reply’ to counter some comments from other councillors (Lobo, and she assumed an error by Delahunty) – so, on and on, with utter nonsense – especially the interminable, and in our view either trivial, or irrelevant, Requests for Reports. Perhaps we should consider retitling this post since circuses are entertaining. Tonight’s effort was definitely not ‘entertaining’ but an indictment of councillors, their priorities, and their total lack of knowledge when many have been councillors for yonks!

Finally, responses to public questions were either evasive, non-informative, or entirely irrelevant to the questions. Well done Mr Burke!

Date: Wed, 6 Nov 2013 12:52:45 +1100
From: caulfieldpark@gmail.com
To:
Subject: Concert November 10th at Caulfield Park

Dear Friend of Caulfield Park,,

We are emailing you to remind you of the upcoming performance of the Glen Eira Band at the bandstand in the west end of Caulfield Park on this Sunday 10th November  at 2 pm.

We have been told by the Glen Eira’s Director of Community Services that we may not put up posters advertising this public concert around the park as it breaks Council by-laws, and that if we did, they would be taken down immediately, and we could incur a penalty.

So we are asking you to help.

Please advise anyone you know who could be interested about the concert and please come along too!

We look forward to seeing you at the band stand this Sunday.  Remember there is also free art for the children.

Regards,

Spike Cramphorn

Secretary

COMMENT

This is bureaucracy gone totally mad. We remind readers that:

  • Council claims to be committed to engendering community spirit
  • Council has granted Friends of Caulfield Park money to hold these events via their Community Grants program. So what does this say about council’s concern with the money it forks out? Is it really trying to assist community groups in order for this to be a success? Or is it basically attempting to sabotage one group’s endeavours? Whatever the thinking behind this, it is, to put it bluntly, – moronic and anti-community!

From: COkotel@gleneira.vic.gov.au
To:

Subject: Automatic reply:

Date:
Thank you for your correspondence.

If your email is addressed to multiple councillors, it will be responded to by the first-named councillor on behalf of those who have been emailed. If you are unhappy with council’s response, please let me know.

If I am the first-named councillor that you have emailed, I will endeavour to get back to you as soon as possible.

Warm regards

Cr Karina Okotel

Up for decision are several planning applications that are worthy of comment. Given the empty promises of the new residential zones these applications in our view are a sign of what is to come.

Bolinda St Application

This is for 2 double storeys in a minimal change area. No objections were received, so the question needs to be asked why something like this should even make it to a full council meeting for decision? Countless others of far more import are decided by officers who do have the delegated authority to refuse this outright. Our take on this is that it represents nothing more than a public relations exercise designed to dupe and lull the community into believing that the residential zones are really ‘protecting’ neighbourhoods.

Here’s what we are told about this application:

  • The site is large enough for increased density
  • Site coverage is 44% – the standards are 50%
  • Rear and side setbacks are 4.5m for one unit when standard is 4m
  • Unit 2 has 154 square metre private open space when standard is 60 square metre
  • No overshadowing of note
  • No significant or valuable trees
  • Solar access to private open space is fine

So, on basically every single important ResCode and council standard this proposal meets the requirements. Yet officers have refused a permit. Their primary ground of objection is stated as:

This planning policy/discouraging two storey dwellings in rear yards has been rigorously followed for over 10 years. The policy is soundly based in town planning principles. Namely, 2 storey developments in rear yards potentially causes visual bulk issues for abutting rear yards of neighbouring properties. This is evident in this proposal whereby the visual bulk is considered unreasonable on the backyards of the properties to the north and the east. This policy of discouraging 2 storey development in rear yards is widely understood and accepted including by VCAT. Precedent is a concern. Approval of this proposal weakens the future application of this policy.

So all of a sudden ‘precedent’ is important and we’re expected to believe a 2 storey dwelling in the back yard of a minimal change area is ‘widely understood’ and even ‘accepted’ by VCAT. In other words it is ‘verboten’! The facts certainly don’t bear out this version of reality. Here are some VCAT decisions from the past 5 or 6 months where permits were granted for backyard double storeys –

19 Wilks St., North Caulfield

38 Victoria St, Elsternwick

60 Neville St., Carnegie

312 Glen Eira road, Elsternwick

9 Brian St., Bentleigh East (council itself granted a permit for this one and confirmed by VCAT)

24 Marara Rd., South Caulfield (2 double storey attached dwellings)

3 Osborne Ave., Bentleigh (2 double storey attached – council granted permit and confirmed by VCAT)

7 Irving Ave., Murrumbeena (2 double storey attached – council granted permit and confirmed by VCAT)

Since the introduction of the new zones there have been numerous applications for exactly this type of development. We list some of them here:

22 Waratah St., Bentleigh

36 Adrian St., Bentleigh East

18 Beddoe Avenue, Bentleigh

32 Seaview Caulfield South

Nothing but nothing in council’s old planning scheme, or the new, prevents this kind of development. All council has been able to come up with for the past 12 years is: “Discourage the siting of two storey or multiple storey dwellings at the rear of sites.” And that’s only when it suits! VCAT has repeatedly ignored this as has council itself.

If council was really serious in enforcing its own planning scheme and doing its utmost (as it claims) to protect minimal change, then all those applications listed immediately above should have been rejected outright under manager delegation. Instead they remain on the planning register awaiting decision – whereas applications for subdivision and other forms of development receive the nod in the matter of days! We will keep a very close eye on these applications.

We have no doubt that if councillors reject this application and it goes to VCAT that the council decision will be laughed out of court!

Morton Avenue Carnegie 

This is an amended permit application in a commercial zone for a 6 storey, 40 unit, 1 shop and loading and car parking waivers. Ron Torres has given the go ahead. The original permit was for 4 storeys and 20 dwellings; now it’s gone up to 6 storey and double the number of dwellings – all one and 2 bedroom units.

Inaccuracies, or deliberate misleading information is ever present. We’re told: The site is included in the Mixed Use (East) precinct of the Carnegie Urban Village. It’s not! This is zoned as Commercial 1! Torres goes on to state that the proposal is ‘consistent’ with policy because there already are 4 storeys in the area and a permit was just granted for 5 storeys – so now 6 storeys doesn’t matter. Pity that the argument regarding ‘precedent’ used for the Bolinda application has suddenly gone out the window!

But there’s more:

  • Parking and loading bay waivers are fine because the shop is ‘small’. Perhaps someone should tell Torres that the size of a shop has got absolutely nothing to do with the size of the truck rolling up to deliver goods and its need for adequate parking provision! As for the number of customers, well who bothers going to small shops these days according to this logic?
  • No specifics are given anywhere, and terminololgy such as ‘no unreasonable’ overshadowing abounds.
  • Nor is there any valid and quantified explanation as to why council’s own Traffic Department has been overruled when that officer believes: The parking demand associated with visitors to the site should be provided onsite. As such a provision of 5 parking spaces is considered warranted.
  • There are also comments about stackers, setbacks from the street, lack of daylight for some dwellings, small narrow balconies.

Thus on countless standards this proposal fails outright. Yet the recommendation is to grant a permit albeit with conditions. Thus anything goes as far as council is concerned in housing diversity, mixed use and commercial zones. Glen Eira is thus actively encouraging a system which cannot adequately protect minimal change, but worse, those residents living in housing diversity and/or commercial or mixed use do not warrant any consideration whatsoever as to open space, height limits, parking, site coverage and so on. The system deliberately fosters inequality and officer reports are part and parcel of the public relations arm of the administration.

The agenda for next Wednesday night is out and surprise, surprise, there is no mention of the CEO appointment. According to the legislation, public notification of the intent to reappoint must occur at least 14 days prior to the resolution being passed. On Wednesday it will be 15 days since the announcement was buried away in both the Age and on council’s website. So why the silence? If this is to be done in camera, then the only possible item that might be applicable is the lovely catch-all phrase “under section 89(2)(d) “contractual” which relates to a contractual matter”. Tautologies reign supreme in Glen Eira!

Other items set down for in camera are also intriguing. For example the regrassing of 2 Caulfield Park ovals. Readers might remember that this was put off for one year in order to save money. Yet it does not explain why on November 3rd 2012 the Age featured this tender advertisement – “Redevelopment of Caulfield Park No 3 & 4 Sports Ovals Requirement: Sportsground drainage, irrigation, surface reshaping & resurfacing.” Applications closed on November 17th. Then low and behold, on  July 27th 2013 we get the identical advertisement again. This time closing date is 16th August 2013. That raises many interesting questions:

  • Why was this advertised last year when the budget had decreed to delay regrassing?
  • Why does the 2013/14 budget state that the cost of regrassing is $650,000 and the figure in the incamera section states $450,000? Surely with all the millions already spent on ovals council would have a pretty good idea what this would cost? Or is this just another example of creative accounting?

There are plenty of other fascinating items up for decision as well, but we will conclude this post with a comment on the financial report. Seems like GESAC is continuing to rack up the bills with another $33,000 for landscaping and the ‘release of retention money for waterslides’. More squabbles perhaps with this particular contractor? Then there’s another $19,000 for the purchase of ‘additional strength equipment’. But the really, really big one is the incamera tender for $610,000 for ‘air handling and ducting’. Of course council does not reveal that this is for GESAC to rectify what is obviously a huge problem. But this was again advertised in the Age on September 7th, 2013! Hopefully this figure will appear somewhere in future financial reports!

More disturbing is that so many projects have not had a penny spent on them in 3 months, or a piddling proportion of their allotted funds. Duncan McKinnon pavilion is the perfect example. The same goes for Local Area traffic management improvements. Taking into account the carryovers of money from the previous year’s budget, and granted that ‘progress’ in Glen Eira is invariably at a snail’s pace, we still have to wonder whether or not these interminable delays are the results of a continuing cash shortage?

Finally, it is worth pointing out again that:

  • The non-appearance of the Local Law – promised for March 2013 by Lipshutz
  • The non-appearance of a sporting ground allocation policy

With a bit of luck these may appear just before Xmas when it’s hoped that not too many people will notice!