MAGEE moved to accept motion and Lipshutz seconded.

MAGEE: began by saying that the Centenary park pavilion had been on the agenda for around 15 years. Council has now got all the ‘documentation’ necessary following the previous council resolution to go ahead with design for the park. Stated that the car park ‘and the pavilion are going together’ and it will now go out to tender. Plenty of people had asked him about upgrading of facilities in Tucker ward and there is now GESAC, Duncan McKinnon pavilion and Victory Park so that ‘a lot of things have been happening’ in the area. Wondered how they could have missed fixing up Centenary ‘for so long’ but there’s only so much money available. The resolution is to ‘call for tenders’ so they will then know how much it is going to cost. On the car park which will be ‘reconfigured’ ‘THERE IS NO LOSS IN OPEN SPACE’. What’s happening is that they are ‘taking away a disjointed car park at the moment’ and ‘putting it all into one piece’ and ‘adding all that green space’. Thought it would be a ‘huge win’ for the East Bentleigh community and it ‘will go down with me when I leave this council’ as a ‘great achievement’.

LIPSHUTZ: agreed with Magee that the pavilion had ‘for many years’ needed ‘redevelopment’. The government grant would ‘assist’ here. The car park is a ‘vexed issue’ because ‘some people’ don’t want this changed but the motion will allow for both things (car park and pavilion) to be done. Nobody wants a ‘half job’ done so better to do it all at once and together. Pavilion will be done like other pavilions and Glen Eira is fantastic at doing pavilions.

LOBO: agreed ‘on one thing only’ that the pavilion ‘needed a facelift’. Said that the decision was based on the govt grant and people ‘wanting it’. Said that the pavilion did ‘need attention although there were others in our plan’ based on the priority listing ‘but we jumped the queue’. Was happy for the pavilion to go ahead but ‘what I can’t swallow’ is the $600,000 to be spent on the car park and ‘adding extra car parking’.  What this means is that if you deduct the $500,000 from the government ‘we are left with $100,000’ and ‘we’re saying this is justified’. Didn’t think that ‘this is the way to juggle our list of priorities’. Went on to talk about Victory Park where ‘we added 2 toilets for the girls’ and ‘where undressing under the trees, that’s fine’. On the $600,000 ‘there was no public consultation’ and this is ‘big money’. Said that with this kind of money people could buy houses in various areas. For him it was important that ‘people were not consulted’ and that ‘again the process is wrong’ and that ‘it is important that we get things right’ and ‘ask the surrounding people’ what they want. ‘No one was consulted’ and he got letters from people opposing it and saying they wouldn’t vote for him and the mayor if this went ahead. Lobo then asked for time extension. MAGEE VOTED AGAINST TIME EXTENSION. Lobo responded with ‘Thank you Cr Magee. I expected that’. Said there was one resident who was passionate and objected. ‘we didn’t get back to them’. When the decision was made in April he was overseas and wouldn’t have voted for the motion ‘only because of the $600,000’ – ‘if $200,000 maybe’.

DELAHUNTY: agreed with some of what Lobo said but also thought this was a great initiative. Said that the ‘car park makes sense, makes financial sense’ for the pavilion and car park to be done simultaneously.  Was also sensible ‘in terms of safety to remove that scrub land’ and traffic management. However, she didn’t ‘enjoy the process of it’. Said they had ‘consulted user groups’  and that she’d like to see more ‘conversations’ with people. Since there’s a consultation committee then they might have to look ‘structurally’ at how council consults. Would support the motion but it leaves her ‘with a bad feeling that we haven’t really spoken in great depth’ with people. They’ve got ‘correspondence’ from people who aren’t happy so it’s important to ‘enter into a conversation and explain why’ council is taking the position it is.  Unless that’s done ‘it takes away the transparency of decision making’ if there aren’t these ‘conversations’.

SOUNNESS: when an application comes in for private land development then councillors ‘have a conversation’ and residents and developers get their say. Here’s public land and ‘there’s a bit of a different process’ . Said that he realises that council ‘should be trusted’ about doing ‘the right thing for the right reasons’ but there should also be a way that councillors and staff are ‘interrogated’ about the decisions they come to. Claimed that his problem with this plan was that he couldn’t see the ‘connection’ between the car park, trees, pavilion, playground. Supported redoing the pavilion, but didn’t know whether the vegetation ‘was significant’ . Councillors had received an arborist’s report which isn’t published which said that this is ‘basically a bunch of scrub’ and that the ‘trees are suffering’ and of ‘poor standard’. The report isn’t in ‘this document here’ and he would ‘have loved to see’ it included because that makes things much more ‘transparent’. Referred back to last council’s meeting about assembly meetings and how the code of conduct stipulated that correspondence should not be published outside of those meetings but this was a case where that arborist’s report was vital for the decision and for people to ‘understand why we are making this decision’. For him ‘the case to keep the vegetation is not strong’. Thought there is a case to be made about ‘process’ and ‘wished’ that consultation had been ‘a bit more clear’. So will support the proposal and wishes that it could have been a little more ‘transparent’.

PILLING: acknowledged that there were concerns about cost and process. Read out his original motion from April and that ‘the majority of councillors did vote to proceed’. Said this was a bit like GESAC where ‘car parks are tacked on’ to the end of projects and that ’causes quite a few problems’. Supported ‘in future having a better process’ and that he would be supporting the motion.

HYAMS: said that Centary park would have been ‘done straight after Duncan MckInnon’ ‘regardless’ of the state government grant because it was ‘next on the priority list’. Saw Lobo ‘shaking your head and I can assure you’. Lobo then attempted to say something and Hyams told him that ‘he had the floor’. Agreed that $600,000 was a lot of money and if it was just for a car park he wouldn’t want to spend that amount but this was about ‘increasing the green spaces’ and ‘safety’ for pedestrians and motorists. The latter often find that one car park is full so they have to go back onto the road and do ‘a u turn’ and go into the second car park. So he’s happy to spend the $600,000 and ‘get it all right all at once’. In regards to girls undressing under trees in Victory Park ‘I want to assure the gallery that this was not the case’. Said that they had change rooms but had to walk through ‘each others change rooms to get to the toilets’. Lobo disagreed and told Hyams that he ‘had to get the facts right’. Hyams then said that when ‘a councillor is speaking that councillor has the floor’ and that as a deputy mayor ‘you would understand that’. Lobo interjected again. Hyams raised his voice with ‘Cr Lobo!!!! I have the floor’. Lobo again tried to say something. Again Hyams ‘Cr Lobo!!!!!!!’ Lobo then told Hyams to ‘take it easy’ and that ‘when I banged the table’ he was told he was ‘unprofessional. Now what are you doing?’ Hyams then said he was trying to call Lobo ‘to order’.

MAGEE: wanted to ‘clarify’ the bit about ‘people getting changed under trees’ and that the Leader had run this story but it was due to a lot of ‘moisture’ in the pavilion but that it was ‘warmer’  under the trees than in the pavilion. Said he would argue with anyone as to whether that ‘open space is worth anything’ (ie the trees/vegetation). He’d never seen ‘anyone’ in there and is only about 500 sq metres and is worth probably about a million dollars. Claimed that all they were doing was ‘moving’ this open space next to a playground. It’s also ‘not useable’. When he’s gone there the ‘weeds were knee high’ and they could be sprayed and cut ‘but in a month’s time they were back’. Was grateful for the government grant because this was money that ratepayers now ‘don’t have to fork out’. Said it was a ‘needy, worthwhile project’ that had been waiting around for years. Said that his kids play sport there and that it’s a ‘privilege’ to live opposite a park but that shouldn’t mean that this automatically grants ‘ownership’ to these people of the park. ‘There is no downside. There is absolutely no downside’. If it costs $600,000 then ‘so be it’ because for $600,000 they’ll be getting a ‘piece of infrastructure that will probably last for 100 years’.

MOTION PUT AND CARRIED. LOBO ASKED FOR A DIVISION. HE WAS THE ONLY COUNCILLOR TO VOTE AGAINST.

COMMENT

We wish to highlight several important points here:

  • The minutes of November 27th 2007 included the priority pavilion upgrade schedule. In part it read – It is recommended that a full review of the Priorities for Pavilion Upgrades be undertaken on a regular basis to ensure that changing circumstances are reflected. This review would include checking that the scores for individual pavilions are still correct. 6 years later NO REVIEW HAS BEEN MADE PUBLIC ALTHOUGH IT WAS CLAIMED THAT SOME FORM OF ‘REVIEW’ TOOK PLACE IN AUGUST 2011. Of course, this was done in secret and has not seen the public light of day! We even wonder if it ever took place or exists! Centenary Park in the 2007 version was NOT on the list to immediately follow Duncan McKinnon – Marlborough was listed as next in line.
  • Hyams’ claims here that girls changing under trees ‘was not the case’. We have referred to our own reports and for our entry of 22nd September 2011 we noted that Hyams made the following remarks – HYAMS: also ‘grateful’ to Miller for ‘first identifying this need prior to election’ (then securing funding and delivering the money)….’Cooper Pavilion not large enough to cater for all’ (the needs)…’children have to get changed outside so….defeats purpose of having a pavilion’…‘we have had other priorities which is the reason it hasn’t been done up to now’….(Caulfield Park Pavilion, Duncan mcKinnon Pavilion rated higher)…‘on the objective ranking table’ (priority list)…(now) ‘Centenary Park’s turn’. (September 22, 2011).
  • We also note that the budget for 2012/13 set aside $310 for ‘female change rooms’. The financial report for the month ending 31st October 2012 included the statement that the ‘female change rooms at Victory Park’ were $113 behind forecast. In other words, a year down the track these change rooms are still incomplete!
  • Rewriting history is endemic in Glen Eira Council. The facts appear to change according to whomever it will favour at any particular point in time.
  • Residents really need to start asking how come the ‘process’ is still so appalling bad after so many years of complaints about lack of consultation? What have these same councillors who complain about process actually done to improve the process?

 PS: We’ve been sent the following photographs of what 2 councillors describe as ‘scrub land’. Hardly it would seem when there are trees there of at least 40 feet height.

P1000134

P1000133

 

Just a very brief report for now on tonight’s council meeting. As expected:

  • The Centenary pavilion and amalgamation of the two car parks and removal of the trees and vegetation between the current carparks will go ahead. Cost of this new car park $600,000! Of course there were some crocodile tears as to how residents weren’t consulted and that council’s consultation process really must be ‘improved’.
  • Monash Uni Amendment went through in about 2 minutes flat with no dissenting or even questioning voice
  • Development applications went through practically unanimously with Hyams, Magee claiming that they didn’t like the application but planning law is planning law and so must be upheld!
  • Friends of Caulfield Park got their extra money but were told again that they had to be ‘sustainable’ and that this payment was a mere once off. Funnily enough no-one thought to bring up the point of why a community group that is doing council’s work should be ‘sustainable’ in the first place? Esakoff voted against.
  • Tree register was deferred and councillors wanted ‘more information’. Another report (pop up parks) was also sent back for ‘more information’. At last some movement on the station…….but only on ‘minor’ and/or relatively ‘trivial’ matters it seems.
  • Delahunty at least got up and said that one of the responses to a public question was NOT ANSWERED and that she was putting in a councillor request that the resident’s question be provided with a full answer.
  • There was also a Request for a Report on making audio and/or visual transmissions of council meetings. Burke apparently had suggested that the ‘difficulty’ with this might involve Heritage concerns for the building. He obviously has forgotten that he is in charge of the current audio recordings of council meetings. We wonder what ‘heritage’ damage would occur if these recordings were simply uploaded onto council’s website!
  • No prizes for guessing who did not utter a word on the Caulfield Park conservatory item – Lipshutz and Esakoff. It was voted in unanimously to ‘restore’ and include public input.

We will present a detailed report on all of these items in the coming days and ask residents to pay careful attention to the quality and logical consistency of most of the arguments.

letter

PS: And from the Stonnington Leader we have Matthew Guy’s admonition to Councils to prepare structure plans following the Orrong Rd Supreme Court judgement. Funny how this not only contradicts the arguments against structure plans that have been endemic in Glen Eira, but reveals the complete failure(s) of this council’s approach to planning for the past decade.

structure plans

Once again all information relating to GESAC is buried in the small print of the financial report in vague and obtuse language designed to reveal as little as possible. Attempting to piece together the various figures becomes an impossibility (deliberately so we believe) when no definitions of terms are provided, and no basic ledger of bottom line accounting on the project exists. Yet, there are still some startling announcements.

Below are some copied extracts. The last two are bolded because of their significance and we draw readers’ attention to the third extract in particular. Calling in bank guarantees is an astonishing move given that the court case is far from settled at this point in time. What happens if council loses? What does this say about the cash flow status if Council has to gamble in this manner for what is really a drop in the ocean of $1.8m in an overall budget? And what is the ‘unbudgeted variance’ of $99k for contractors? Surely not lawyers? Our guess at this stage is that the legal eagles’ costs would by now be triple this amount. Where is this figure in the accounts?

There are a number of issues concerning the building of the centre which are currently in dispute. They include the delay in completion of the centre (liquidated damages), variations, and back charges for use of Council utilities during construction and defects. The matters are the subject of civil proceedings brought by Council. A Directions Hearing on 23 August 2013 set dates for the parties to file documents. The parties are to confer and attempt to agree on a List of Issues. The parties are to hold formal mediation prior to 14 February  2014.

GESAC – Council has received income of $1.8M relating to the release of bank guarantees held by Council under the construction contract. This amount will be reflected in Council’s Income Statement on a progressive basis from August until 30 June 2014. The income recognised as at 31st August is $164K.

GESAC – there are unbudgeted costs associated with the defects and litigations issues relating to GESAC. These expenditure items will be treated as operational and will be offset (in part) by the income received from the release of the bank guarantees mentioned above. The unbudgeted variance in contractors relating to GESAC is $99K. 

Yes, council is in a legal stoush, but this does not mean that residents (and probably councillors) should be kept like mushrooms in the dark as to the financial side of things. The lack of transparency and accountability, throughout this entire project demands a full, independent investigation.

The Phoenix Precinct has been moribund for years. Now it is officially dead with council’s proposed Amendment C109 in Tuesday night’s agenda. What was envisaged as a ‘grand plan’ that would look at an entire area (Caulfield Racecourse & Monash, plus surrounding areas and plan appropriately) has been hacked to pieces. The C60 was just the beginning of the dismantling. Now there is the Monash proposal (nothing definite of course!) and Council once again rolling over and complying with all developer requests – this time our old friend Urbis rather than Equiset.

The Amendment proposes to remove the Priority Development Zone and vest control in Council – which would have happened anyway with the demise of Priority Development Zones under the new planning laws.  However, there will not be the NEED FOR ANY PLANNING PERMIT and that probably means no public input into the eventual plans. Worse is that the officer’s report only tells half the story. Reading this document we could be forgiven for thinking it is only about Derby Rd and a few shops. Hardly! The Monash Plan is now reinvigorated and will include – 800 student residences; retail, cafes, etc. (See: http://monash.edu/about/who/ambition/masterplan/). Yet all of this barely rates a mention. Why?

Just for a taste of what is to come, here is the award winning entry for a new building on Dandenong Rd – Source: http://www.australiandesignreview.com/news/26244-mcbride-charles-ryan-to-design-monash-uni-complex

monash

Other Monash sites providing information on the development may be accessed at:

Your Rates At Work!

Our questions are straight forward –

  • What are residents not being told?
  • Will this be another C60 that excludes community input?
  • Has everything already been decided in those ivory towers?

We are continually amazed by this Council’s inefficiency and disregard for all principles of good governance. Nothing makes this clearer than Item 9.15 – Significant Tree Register. We present this in full.

PURPOSE: To seek direction

BACKGROUND: Council regularly includes conditions in planning permits which require the retention of existing trees or the planting of new trees. In addition, the Council Plan, adopted in June 2013, states: Action 7m: Introduce Local Law which creates the framework for a Classified Tree Register”.

A similar action was in the 2012-13 action plan.

The Local Laws Advisory Committee has held a number of meetings on this issue and considered a range of approaches to regulating these matters. The issue has recently been considered at an Assembly of Councillors. The proposal did not attract majority support.

RECOMMENDATION: That Council provide direction.

COMMENT: It is nigh on a decade that the issue of a tree register has been lingering on and on with no outcome. Now we have the most absurd ANONYMOUS officer’s report that provides absolutely NO INFORMATION AND IN ITSELF POTENTIALLY REPRESENTS A BREACH OF BOTH THE Local Government Act and the Councillors’ Code of Conduct. It is clear that Lipshutz and his followers have been shafted on the issue. So how are these councillors meant to provide ‘direction’ or informed debate, when they are not permitted to disclose anything about discussions that occurred in assemblies? More to the point, if this is now coming up for some kind of council resolution, then the Act requires that the resolution be accompanied by reports or at least a summary of reports. Again, nothing is included.

Another agenda item that leaves egg on Lipshutz’s face is the Caulfield Park Conservatory debate. The majority of responses, even to this bogus survey and consultation, were opposed to the creation of a café and indicated that the conservatory should be maintained and restored. A good result. The pity is that ratepayers’ funds have been wasted (to the tune of over $17,000) on something that was decided by council years ago. Perhaps councillor Lipshutz could reimburse council and ratepayers for this profligacy?

Not so welcome is the report on the ‘design’ for Centenary Park and the amalgamation of the two car parks into one and the removal of the wooded area between the two carparks. Readers will remember that at council meeting it was stated that no decision would be made on this ‘amalgamation’ until the design was produced. Well the design is now in and of course the craze for bitumen and car parks and spending of hundreds of thousands of dollars is part of the design. It will be interesting to hear the take on this item and the ensuing resolution. Councillors have to decide whether car parks that already exist are to be ripped up, plus a well established nature area, so that more money may be needlessly wasted on new concrete and bitumen.

Another item of interest involves the Friends of Caulfield Park submission for a community grant in order to stage their concerts in the park. Whilst the recommendation does leave it open to councillors to decide whether to grant further funding to the group, the comments included in the Peter Jones report are quite remarkable. We quote:

While the program to be provided is likely to be worthwhile to the Caulfield community and park users Officers are concerned that the group are not working towards the event becoming financially sustainable in the future

COMMENT: It certainly looks good on the final community grant figures that organisations receive money for their events. The total is impressive. But, when one looks at the actual funding then a substantial amount is provided for the HIRING OF COUNCIL FACILITIES. Hence it is NOT money that comes out of council’s coffers and why groups should be made to jump through so many hoops to use council facilities that are paid for by ratepayer funds anyway is something that is never addressed. The other question of course is why a group providing such ‘worthwhile’ endeavours should be ‘sustainable’ anyway? When council spends a fortune on pavilions for sporting clubs or regrassing and regrassing sporting ovals do they insist that all these clubs are “sustainable”?

There are numerous other items that we will address in the days ahead – particularly on the ongoing fiasco of GESAC .

PS: We mustn’t forget another item that’s resulted from Delahunty’s request for a report on ‘pop-up parks’. Needless to say Council provides all the opposing arguments, some extremely dubious, rather than highlighting the positives. Here are some choice extracts opposing the introduction of such parks:

Consultation and feedback suggests that the Glen Eira community is seeking permanent new open spaces and at the quality that they are used to in Council’s existing parks.

When Council invited the community into open space, the Council has a duty of care that the land and improvements are safe. This includes managing any contamination, removal of hazards, provision of equipment (eg playgrounds) that can withstand heavy use, including use which is more than the intended use (eg attempts to vandalise). This usually involves materials of a higher than normal strength……..For the above reasons, the cost of making a pop up park available to the public may be similar to the cost of a permanent park – but without the longer period of the investment.

Conclusion

A pop up park may be considered where there is no option to provide a permanent park.

Where there are opportunities to provide permanent parks, that will generally achieve better parks, better use of public funds and a greater satisfaction of community needs.

Supreme Court approves controversial 12 stories for Armadale

Derrick den Hollander

A “shattered” Margot Carroll speaking outside the Supreme Court with Francis Gallichio after the decision was handed down about 590 Orrong Rd, Armadale. Picture by Derrick den Hollander Source: News Limited

RESIDENTS who fought tooth and nail to stop a controversial high-rise development in Melbourne’s inner east are “shattered” by its approval.

The Supreme Court this morning dismissed an appeal of an earlier VCAT decision to approve the 12-storey, 448-apartment development at 590 Orrong Rd Armadale.

Orrong Group spokeswoman Margot Carroll said in theory, developer Lend Lease could start construction tomorrow.

“There will now be 1500-plus people coming into this small area. It is going to be like a little city. The impact is going to be enormous. Armadale’s population will increase by 10 per cent,” she said.

“We’re shattered”.

Stonnington Council Mayor Matthew Koce said Planning Minister Matthew Guy now needed to “step up” and residents and the council had been united in opposing the application.

“It is a dark day for democracy,” Cr Koce said.

“It has been a long wait (for this decision). It has been a long road. We need planning reform. No one wants a 13-storey building going up to their home.”

“I take my hat off to the Orrong Group. Margot Carroll has had her life on hold for four years.”

“It’s a really grim day for democracy. Residents know what is best for their local area.”

There is one last glimmer of hope for those fighting the development.

Planning Minster Matthew Guy is yet to sign off on a planning scheme amendment which would set a height limit of six storeys with a maximum of 250 units and 50 per cent coverage of the Orrong Rd site.

The amendment was passed by Stonnington Council in February, after going through an independent planning panel.

If approved, it would drastically reduce the scale of what Lend Lease can build.

10.30am: A CONTROVERIAL high-rise development in Armadale has been given the green light after a Supreme Court ruling this morning.

Justice Karin Emerton ruled the 12-storey development at 590 Orrong Rd, which will include 448 apartments up to 12 storeys and 18 townhouses, should proceed despite numerous objections from residents and Stonnington Council.

The council had challenged a Victorian Civil and Administrative Tribunal decision in April to approve the apartment complex, arguing the tribunal had made an error of law in failing to take into consideration the objections and having described them as an “irrelevant consideration”.

The council last year unanimously refused a permit due to the development size and design.

Developer Lend Lease then had the decision overturned at VCAT, despite 627 objections and the unanimous opposition of the council and local politicians.

In handing down her findings, Justice Emerton said VCAT had “comprehensively considered the merits of the proposal, based on proper planning consideration” and the appeal should be dismissed.

PS: See also – http://www.abc.net.au/news/2013-09-19/supreme-court-rejects-bid-to-stop-armadale-development-because/4968098?section=vic

PPS: And from Stonnington Council itself –

Dark Day For Democracy as Appeal Is Dismissed

19 Sep 2013

The Supreme Court has dismissed the appeal against VCAT’s decision to approve Lend Lease’s permit application for a major development at 590 Orrong Road and 4 Osment Street, Armadale.

Mayor, Cr Matthew Koce said: “This is a dark day for democracy.

“It is disappointing that Council’s appeal has been dismissed.  The permit was unanimously rejected by the Council, local MPs, and residents. A massive 600 objections to the development were received on this planning application proposing 466 units at a height of up to 13 storeys.

“No-one wants a 13 storey monstrosity going up next to their home and VCAT’s decision to issue a permit despite more than 600 objections is devastating for the local community.

“Council took a stand in challenging VCAT’s decision in the Supreme Court and to advocate on behalf of the community for a sensible and responsible community outcome.

“I call on the State Government to urgently reform its planning system.

“The Minister must recognise community views and the angst that occurs when developments are imposed that are not in keeping with neighbourhood character.

“The Minister has the power to ensure planning controls are put in place, which reflect community views as part of the current residential planning zones reform.

“The City of Stonnington will continue to push for a positive outcome for residents concerned about the controversial Armadale development site.

“Residents have a right to speak up and be heard about what’s being built next door to them, especially when they’ll be living in the shadow of such a large overdevelopment of a key site.

“We are once again calling on the State Government to make a timely decision on the Planning Scheme Amendment that has been submitted to the Minister for approval.”

Source: http://www.stonnington.vic.gov.au/news-and-information/whats-new/dark-day-for-democracy-as-appeal-is-dismissed-/

Family seeks to run school

Date: September 18, 2013
The Kornhauser family, who control a property and business empire worth an estimated $430 million, have taken their bid to run a religious school from their mansion in a residential area in St Kilda East all the way to the Supreme Court.

The legal move comes after Eliezer (Eric) and Nicole Kornhauser failed to secure planning approval from the Glen Eira Council and lost an appeal to the Victorian Civil and Administrative Tribunal.

The dispute centres on the operation of an ”education centre” the Kornhausers have run from their two-storey contemporary mansion built across two allotments on Springfield Avenue in St Kilda East.

The northern wing of the U-shaped property holds classrooms where 14 boys receive Jewish religious instruction during the day, and intensive courses are held for young local and international Jewish women through the Merkos Women program.

Some of the visiting women live next door at another property owned by the Kornhausers. After complaints began to mount from neighbours about ”creeping” intensity of use at the site – particularly noise, parking and traffic problems – the Kornhausers sought formal planning approval for the education centre. Glen Eira Council refused the application and the decision was upheld at VCAT in July.

VCAT member Philip Martin found the Kornhausers’ proposal represented a ”fatally poor planning outcome”.

”I have some sympathy for the line of thinking that a dead-end residential street zoned Residential 1 is not an obvious place to establish this type of combined ‘women’s and children’s religious studies’ use,” he said.

Mr Martin also found that it was likely that a 95-year-old covenant established over the southern allotment prohibiting the use of the land for ”any religious educational or charitable use” was being breached by students using the pool on the residential side of the property.

The council has agreed not to fight the move in exchange for a promise from the Kornhausers that they would not seek to force the council to pay any legal costs if the family wins the case.

Nicole Kornhauser could not be reached for comment. A directions hearing is set for November 29.

cvedelago@fairfaxmedia.com.au

Read more: http://www.smh.com.au/business/family-seeks-to-run-school-20130917-2tx2r.html#ixzz2fCUdkcti

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PS: AND HERE’S HOW STONNINGTON DOES THINGS RE THE RESIDENTIAL ZONES –

stonnington

This afternoon’s LARGE Community Forum had a terrific turnout and very informative speakers. Apparently all Glen Eira councillors and some senior planning staff were invited. To their credit the only councillors to show up were Lobo, Delahunty and Magee. No officer turned up and no other councillors.

Since the afternoon was videotaped we’re assuming that LARGE will upload a full record of the formal presentation on their website (http://www.largeinc.com.au) so we won’t comment on this aspect of the event. Instead we will focus on some of the questions or comments that members of the audience made and the remarks made by the above councillors in response.

One resident asked that the map of the new zones be put up on the screen. He was from Wheeler St., Ormond which is a ‘purple area’ (4 storeys). He expressed ‘sorrow’ for anyone who lived in such areas because they were ‘high density zones’. His problem was that it was also a ‘flooding zone’ and there had been some progress with melbourne Water and council about upgrading drains but ‘without upgrades of infrastructure’ council is ‘still approving development’. They went to VCAT opposing a 3 storey development and they won. But that was several months ago, before the introduction of the zones, so the resident wanted to know what this means for the new development now – ie could there be another application and a permit granted because this is now a higher density zone. The resident asked if ‘council is stronger than VCAT?’

Professor Buxton explained that there are other forms of control via layers of overlays and if there is one he felt that VCAT would uphold it – although he didn’t know the extent of Glen Eira’s overlays. Delahunty then said that council is continuing to ‘look for new areas to apply neighbourhood character overlays’ and these are ‘primarily in the green section of the map’ (minimal change). Said that with permeability controls, height controls and other things that ‘we are quite proud of’ and that ‘VCAT cannot overturn’. She didn’t forsee any change to the current flooding zone.

Another member of the audience then began her question by saying that the data that the residential zones are based on comes from figures of the nineties. Things have changed a lot since then and the floods of 2011 impacted on a huge area near her. Yet council still grants permits and hasn’t taken into account ‘greater surface’ for buildings which means ‘greater flooding’ and all this whilst there’s been ‘limited infrastructure upgrades’. Said that she lived in the ‘purple zone’ and that council has been ‘quite remiss’ in blocking themselves off from the community. (applause). ‘there is definitely no regard for us living in this area’. Claimed that she had spoken with planners at council and asked what consideration was given to ‘infrastructure’ and their response was ‘oh, we looked at it in 2000’ and that she should take it to council. Mentioned ‘schools bursting at the seams’ and whilst a state responsibility, council still has to advocate but it ‘seems that our rights in Glen Eira have been overlooked’. Schools and kindergartens are ‘bursting at the seams’ and whilst there is a train station there is no bus service’. Talked about traffic and that ‘yes’ 3 storey limit is great’ but it’s not enough.

Another speaker then said that she finds the ‘of right uses’ (ie no permit required) ‘abhorrent’ since it removes her rights as a resident to object, ‘voice my concern, to be heard’. Asked if this is in fact an abuse of administrative and legal power as well as a ‘denial of natural justice’ (applause). Buxton answered that the government has justified this by granting ‘certainty’ and removing delays therefore saving money for everyone. Said irony of all this is that there are heaps of Section 2 uses (service stations etc.) that can then get permits. Government hasn’t prohibited anything and there are no height controls for commercial areas and will be a huge problem because these of right uses don’t have height limits applied to them.

Buxton also stated that the criteria to assess these uses in residential areas are ‘very vague’ so anything could go into a residential street. Said that these ‘criteria’ are supposed to be ‘performance measures’ but they are anything but performance measures – ie will they cause ‘detriment’ to someone. These are vague and all subjective. Buxton then went on to say that a planning scheme is a legal document and people’s rights are either ‘given’ or ‘taken away’ via the planning scheme.

Several residents then gave examples of battles they had won elsewhere and the call was for ‘people power’.

Another residents asked whether VCAT could still ignore ResCode standards if councils simply defaulted to these in its schedules since VCAT often ignored ResCode in the past. Buxton responded that if specified in the schedules such as height then this was mandatory but it was vital that councils apply ‘the maximum powers they have under the schedules’. Gave the example that council could have stipulated one dwelling per lot but Glen Eira didn’t – they’ve allowed 2 dwellings per lot. Where there is medium or high density and there is no specifications by council then they will be assessed under ResCode. Problem is that ResCode only applies to 3 storeys so applications for 4 or more storeys  in Residential Growth Zones won’t even have these ‘standards’. ‘No developer in his or her right mind is going to apply for a 3 storey development in a commercial zone when there’s no height control’. Also the guide that assesses higher density is ‘even less strict than ResCode’. So ‘not only do you get an incentive to go over 3 storeys but you’re being assessed against a weaker code’…’you’d have to be nuts not to do it’.

One ‘brown zone’ resident said she was ‘shocked’ by what has been said. Asked if it’s true that those living in these areas have no rights and no protection and that the lovely heritage places around her have no value whatwoever except for developers. Buxton said that ‘you lose rights if application relates to Section 1 uses’ otherwise people can still go to VCAT. (SECTION 1 INCLUDES ‘food and drink premises’ within 100 metres of commercial zones; shops, medical centres, places of worship etc.) Many of these are ‘high impact’ that people won’t be able to do anything about. The other problem here is that there are no height limits on such uses so a hypothetical could be a 9 storey application with no rights to objection next door to a single storey.

Comments from Backlash about population growth and no planning for infrastructure – transport. Buxton claimed that no government is confronting the planning for a city of 6.5 million people by 2050 because it will cost 25 to 50 billion just in transport.

LOBO then spoke saying that ‘it’s a pity the other 6 councillors did not turn up’. Said that Labor lost ‘because of Justin Madden’ at the last election and now we’ve got Matthew Guy ‘who became mad’ and is ‘on his way out’. Told residents that they should ‘go to the State Member of Parliament’ and that when councillors promise to stop development so that the ‘next time’ they come to ‘your house’ asking for your vote ‘throw a bucket of water on their face’. He then said that ‘personally I have to go with the council decision’ and that he doesn’t ‘agree’  and that ‘I made that very clear’ and as he’s already said that ‘Melbourne is going to be like Calcutta’.

After a few more questions and comments on community activism and networking Magee spoke.

MAGEE: said he wanted to bring the discussion back to ‘some basic’ facts. Said that previously they only had ‘policies’ and not ‘zones’ and the former weren’t ‘enforceable’. This meant that ‘quite often’ at VCAT the ‘developer would win’. Claimed that ‘now’ the green areas were about ‘78% of Glen Eira’ and that developers therefore know that 2 dwellings is the maximum and that 2 storeys is the maximum. ‘that is not arguable through VCAT’. The blue zones are ‘a maximum of 3 storeys’ and the light blue is also 3 storeys and has ‘the greatest setback between the light blue and the green’. Brown is another zone with 4 storey maximum. Said that even with permitted uses in Glen Eira ‘not a lot has changed’. Said that in 2010 there was ‘quite significant’ consultation althought people might disagree with this. So all that’s happened is that the policies have ‘been changed over to zones’.

Another resident then stated that the spin doctors were outin force because the zones were rushed through and therefore they didn’t have time to consult with residents. Said that previously there were transition areas between the brown and blue zones and now there isn’t any. Asked if you own a house in a green zone and next door in the brown zone someone builds a 4 storey and blocks your solar panels what rights do residents have?

MAGEE: conceded that buildings could be 4 storeys but that ‘have to set back from 4 to 3 to 2’ and said this was a ‘natural setback’ and even in the growth zones (brown) these are ‘bordered by general residential zone’ (light blue)

DELAHUNTY: said that council had tried to have ‘transition zones in the past. Now we actually have transition zones’ and that ResCode could be applied to 4 storey buildings and council was trying to make transition zones enforceable whereas before they weren’t and now they are.

One resident got up and asked that those councillors who are present take back to their groups the community feeling that community consultation is what is needed and that rather than having the plans ‘left at the library where someone has to go with a magnifying glass’ to make head or tails out of it.

MAGEE: said that Glen Eira has the least amount of open space and that ‘there is no way that we are looking to encroach on open space’. The white areas on the maps are open space but ‘predominantly commercial zones’. Said that the first test is ‘about to come up’ in regards to the Virginia Park industrial site. Claimed that the Minister was approached by the developer to rezone without public consultation. Said that MP Miller had written to council and ‘endorsed’ the Minister’s  position ‘not to go to public consultation’. Said that ‘council has actually fought that’ and will be putting it out under normal amendment processes which means public consultation. ‘These things are not debatable in council’. Said that council and ‘i’m one of them, I’m very proud of these zones’. Said that nothing has changed except that they have ‘guaranteed’ ‘maximum height limits’ in 98%’ of the municipality.