Prior to reporting on this ‘debate’ we wish to highlight these points:

  • For some councillors the conservatory has been allowed to become ‘dilapidated’. For others it has been ‘preserved’ and ‘fixed up’.
  • Only one councillor mentioned long term consequences such as ‘water, electricity, sewerage’ if this becomes a cafe. What has not been mentioned is ACCESS to serve a cafe – ie will we have loading bays? will more parkland be ripped up for roads and carparks?
  • If a cafe, no councillor mentioned outfitting costs and who will pay for this – council or lessee. For example at GESAC $300,000+ was spent on outfitting the cafe!
  • Lipshutz’s inconsistency continues – in 2011 he called the conservatory ‘an icon’!!!!!!!!

LIPSHUTZ: Read out the officer recommendations. Stated that the conservatory issue is ‘vexed’ and has come up several times. Previous survey was ‘inconclusive’, Said that ‘many people’ including himself have got ‘concepts’ about what should happen including a ‘cafe/tea rooms or other uses’. ‘There’s no suggestion’ that the place would be ‘demolished’. The motion ‘ensures’ that ‘concepts are brought before the community’ and that people can then come to council after ‘consultation’ and then council would decide. Went on to say that there are plenty of ways that this ‘can be used’ such as cafe or simply ‘flowers and gardens’. The conservatory is ‘much loved’ but also ‘maligned’ building and people want to make sure that it’s used properly and that the motion will make this happen. Didn’t want to see ‘a patch up job’ on the place. Important that the ‘community come in and tell us what they want’. Stated that there are ‘beautiful’ areas to the east, then the lake, and the western side which is ‘not used at all’. Wants to see that part ‘developed’ so it ‘can be used for recreation’.

DELAHUNTY: important that community has input to get this ‘right’ but the question is what’s ‘right’. It’s always been her ‘ethos’ that the role of a councillor is to ‘represent’ and there are strong views about this issue and community groups such as Friends of Caulfield Park ‘can inform us’ and ‘own this process’ as to what it will look like down the track and not ‘spend the community’s money’ on what mightn’t ‘be the end result’. Said that previous consultation wasn’t about concepts and ‘possibly didn’t ask the right questions’ nor ‘broad enough’. Thus she thought that ‘we have to take the lead’ and tell people ‘these are the options’ and ‘hoped’ that community groups ‘take hold of this’. They should ‘inform us’ and ‘help us deliver’ the outcomes. Previous survey ‘only heard from 312 people’ and that’s ‘possibly not enough’ and wanted a ‘more ringing endorsement’ about what to do. ‘Will cop’ that this (ie consultation) has been ‘done before’ but ‘let this be the last time’.

PILLING: said that the motion was a ‘mish-mash’, not clear and ‘confusing’. Said that the last resolution was to fix up the conservatory and ‘protect’ it and that this motion just ‘delays that’ . Accepted the ‘good will’ of councillors but said that it should be fixed up and then consult. ‘Opening it up to commercialisation’ is bringing up a ‘can of worms’. Said the motion ‘was confusing everyone’ and that it’s a ‘mish-mash’. Said he was in favour of community groups coming in, but this motion doesn’t ‘seek to do’ that. Also, there’s ‘a precedent here about commercialising our parks’ and mentioned surrounding, existing cafes and competition and ‘that’s not our role’.

MAGEE: admitted that he’d been in favour of a cafe for many years and went past that morning and asking himself ‘how can this go forward’. Then he realised that over the last 4 years he’d been ‘fighting’ the MRC for ‘overcapitalising and commercialising’ crown land. So he felt like a ‘real hypocrite’ because favouring a cafe in the park was ‘exactly what I was criticising others for’. Therefore he ‘can’t support commercial activities on crown land’. Read out the 2011 motion about ‘full restoration’ of the conservatory and then said ‘here we are two years later’ debating about consultation. Said that what they’re trying to do is ‘give back’ to the community what they were given in the seventies. Wanted a ‘full restoration’ and then going back to the people. He ‘liked’ the idea of plants being there. ‘we have to restore it to its former glory’ and remember why it ‘was put there in the first place’…..’I won’t be supporting anything that goes as far as commercialising any land’ in parks.

LOBO: thought about this for a long time and it involves an ‘icon’ in the park. Said he’d visited last week and received ‘half a dozen’ phone calls from people asking ‘not to dilly dally this process’ any longer because it’s already been ‘considered’ on 3 previous occasions – 2006, 2010 and 2011. Said that if they’d already considered the issues when they sent out the survey and only got 312 responses then ‘maybe at the time they did not realise the importance of this place’ . Handing this over to ‘money making’ businesses is akin to the MRC using ‘crown land to make money’ . Council should go ahead with ‘full restoration’. ‘What we are achieving by sending another costly survey is beyond my reasoning’. If the results are similar to previous surveys then it’s ’embarrassing’ and a ‘futile exercise’.  Cited Einstein about doing the same thing over and over and expecting different results is a ‘sign of insanity’. When the city is crying out for open space building something on the open space is the opposite. Said that it looks like council is heading down the track of ‘encouraging cafes, two dollar shops and massage parlours’. Wanted to ‘get on with the job or restoring this icon’.

SOUNNESS: stated that this building came from Rippon Lea where they had lovely gardens, much open space, high ceilings. This conservatory in comparison to that is ‘small and squalid’. Accepted that ‘it’s got a lot of history’ but was ‘rejected from Rippon Lea’. The question then becomes what’s the best use? Admitted that ‘I do not know’. Said that this is like grit in the eye in that ‘it’s a small matter for Glen Eira’ – ‘it’s not a GESAC’; it’s a ‘small thing’ but it’s ‘hung around and irritated’ a lot of people. It’s never going to become the best conservatory and win awards. If it’s a teahouse then you’ve got to think about power lines, sewerage, and water and whether ‘this is the best use for our park’. Went on to say it’s a ‘lot of money to spend on something’ if the returns are small either way.

OKOTEL: said that since the last consultation was in 2006 there had been a ‘sufficient gap’ for this now to be ‘relooked at’. Basically repeated the officer’s report on numbers for and against from the 2006 survey.  Commented that the petition that also ‘went out’ doesn’t say if those people who signed also filled out the survey so there could have been duplication and she didn’t think that since this was ‘seven years ago we don’t have those records anymore’. Said that in 2006 there was support for a cafe so community recognised that there was need for development and that currently and ‘unfortunately’ the conservatory is ‘falling further and further into dilapidation’. Thought it was important that councillors take into view the community’s wishes and don’t just follow their own perceptions. That they need to ‘take direction from the community’. Hoped that this was true on ‘every issue’ and ‘take direction from consultation we have with the community’. “Consultation is a fundamental job for council to undertake’.

ESAKOFF: ‘looked forward’ to community views even though different comnmunity. Said that the motion ‘opened it up to more opportunity’ and ‘not just a cafe’ but ‘other uses as well’. Responded to Lobo’s comment about 2 dollar shops saying that they wouldn’t survive without community support.

HYAMS: didn’t ‘think’ that this was commercialisation of parks since tea rooms would add to the park by getting people to come into the parks as in other parts of the world. Objective isn’t to ‘work for the benefit of the operator’ but to ‘bring further life to the area’.  Said that in 2006 ‘the majority was in favour’ of a cafe. And that with the petition you ‘can’t put the petition on the same level’ as ‘a neutral community survey’.  ‘When you put out a neutral question’ via the consultation survey then ‘you get back the response of the community’ which isn’t true for a petition which also doesn’t capture all those people who refused to sign a petition. ‘so all you get is one side of the argument’. Said that the ‘equivalent’ would be like getting the survey and then discarding all those ‘that say they don’t want a cafe’. Said in 2006 council decided to ‘push ahead’ with tendering although ‘for some reason that didn’t proceed’ and in 2010 officers thought it should come ‘to new council’ and then a year later ‘council changed its mind’. So it’s not a question of coming back again and again on the issue until they get the tea room. Said that suggestions to ‘do the work and then consult’ doesn’t make sense because it ‘may well end up as a waste of money’ if people want a ‘tea room’ and they’ve ‘already put on a roof’ that’s appropriate for a ‘green house’.

LIPSHUTZ: compared Lobo’s and Sounness’ comments and ‘wondered whether we’re talking about the same building’ – ‘in this particular case’ he agrees with Sounness. ‘It’s not an icon. It is a small and squalid building’. But people are concerned about it and that’s why the motion is as it is.

Argued that the motion isn’t saying ‘commercialising the park’. It says that ‘we may’ if that’s ‘what the community want’. Motion is all about ‘seeking consultation’ about what people want. Also said that ‘we have protected’ the conservatory; ‘we have fixed it up’ and that ‘we’ve done the works’ and that the motion isn’t about ‘protecting’ but ‘deciding where we go from here’. It’s not a ‘mish-mash’ because all it’s saying is going to people and asking what they want. He’s not afraid to say that a cafe is something that he’s wanted for ‘some time’ and that ‘it’s an excellent idea’. ‘Our role’ is to ensure that parks are used to the fullest potential and it’s silly to ‘have open space that nobody uses’. If in the end it’s about flowers then that’s ‘wonderful’ – ‘it’s for the community to decide’. Not enough to think that ‘let’s build it and they will come’. They didn’t build GESAC and then ask the community what they wanted. ‘we came with a concept’ and then invited the community. ‘This is what this motion is all about’. ‘It is not an icon. It is a small and squalid building’. ‘Let’s get the community involved and end it once and for all’.

MOTION PUT AND CARRIED 5 TO 4.

CAULFIELD PARK CONSERVATORY

Lipshutz moved the motion to accept recommendations. Delahunty seconded. The final vote went 5 to 4 to accept motion.

In favour: Hyams, Lipshutz, Esakoff, Delahunty, Okotel

Against: Lobo, Pilling, Sounness, Magee

We will report on the ‘debate’ in the days ahead.

Item 9.1 – Railway Cresc. application

Esakoff moved motion that instead of 3 storeys and 10 dwellings this be reduced to 3 storeys and 8 dwellings plus including a visitor car park. Lipshutz seconded. Even though Lobo spoke against the motion, the final vote in favour was unanimous.

 

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conservatory1

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The Hon. Matthew Guy MLC

Minister for Planning

Level 7

1 Spring Street

MELBOURNE VIC 3000

Dear Minister,

I am writing to express my concerns about the administration of the Caulfield Racecourse Reserve and the lack of public recreation space available in the Glen Eira area.

According to the City of Glen Eira, despite the lack of public space in the municipality, there is large amount of unused public space available at the Caulfield Racecourse Reserve.

You would be aware that the reserve is Crown Land and currently administered by the Caulfield Racecourse Reserve Trust.  The reserve was granted to the people of Caulfield for the provision of not just a racecourse but also for a public recreation ground and a public park.  However, while the racecourse is well provided for by the Trust, the other purposes are not.

It is the responsibility of the Trust to ensure that the reserve is set aside for the public enjoyment and use of the people of Victoria, particularly those in the local area.  However, the current structure of trust does not allow for good governance and accountability in administration of this public land.  In particular, I am concerned that six of the positions on the Trust are filled by members of the Melbourne Racing Club (MRC), which is a tenant of the reserve, and that those trustees may experience a conflict of interest between their roles with the MRC and their duties as trustees.

Therefore, I ask that you take action to ensure the integrity of the Trust.  Given that the Trust is responsible for approximately $2billion of public land, the Victorian Auditor General should be its Auditor. To ensure that the Trust is currently operating effectively, the Auditor General should conduct a performance audit immediately.

Furthermore, all bodies that manage Crown Land should comply with the Guidelines for Committees of Management of Crown Land, which are provided by the Department of Sustainability and Environment.

Crown Land is reserved to benefit all members of the public.  However, the Caulfield Racecourse Reserve is currently used for commercial purposes including a successful Tabaret. Nearly all income from the use of this public land accrues to a non-public body.  The people of Caulfield and Elsternwick would be better served, in my view, if any non-core activities are charged a commercial rent and money reinvested into the provision of not just the racecourse, but also the other mandated purposes, a public recreation ground and public park.

I note that the Victorian Parliamentary Select Committee of the Legislative Council on Public Land Development in its final report in September 2008 found that, “The Caulfield Racecourse Reserve profits to the Melbourne Racing Club have been disproportionately directed to racing users, with inadequate provision for use of public park and recreation users as required by the original Grant,” and recommended, “That the Caulfield Racecourse Reserve Trustees direct a substantial amount from the profits made by the Melbourne Racing Club over many decades to the provision of public park and recreational facilities, including promotion of the public use of these facilities as recompense to the community.”

The City of Glen Eira has the smallest amount of public open space per capita of all Melbourne municipalities. In addition to this, it is predicted that the MRC’s C60 Development, on its freehold land across Station Street from the Racecourse Reserve, is projected to include 1500 dwellings. More effective use of the existing public land at Caulfield Racecourse Reserve can assist alleviating the open space problem in Glen Eira for current and future residents.  However, this is not possible until the current Trust structure is operating effectively, to ensure this an immediate performance audit will need to occur.

I would appreciate it if you would consider my concerns and get back to me at your earliest convenience.

 

Yours sincerely,

Michael Danby

Federal Member for Melbourne Ports

 

cc. The Hon. Ryan Smith MP

 

Some very, very interesting items on the agenda!

RECORDS OF ASSEMBLY

Once again it takes 3 council meetings for the Records of Assembly from early March to be placed in the public domain. A few things to note:

  • On three separate occasions there was the notation that “the CEO left the Room.” Once concerned the CEO KPIs but the other two items stated: “Compliance with the Local Government Act.” What is going on? More lawyers? More expense? More witch hunts? And why is this not recorded as a declared potential ‘conflict of interest’? Surely officers are bound to also declare any potential conflict when certain items come up and that this be accurately reported in the minutes?
  • On the Centre of the Racecourse, we get this:

“Advised that the invitation to the Mayor of Glen Eira to give a speech on the opening day function for the improvements to the centre of the racecourse had been withdrawn.

Advised that Racing Victoria and not the MRC had funded the MRC’s synthetic training track in the centre of the racecourse.

Cr Hyams further advised that he and Council’s other Trustees on the Caulfield Racecourse Reserve Trust were updated on Trust matters.”

BENTLEIGH DEVELOPMENT

Another recommendation to allow 3 storey development, even though the original permit was for 5 dwellings (2×2 bedrooms and 3×3 bedrooms), but this has now doubled to 10 as well as ALL being 2 bedroom! So much for ‘encouraging’ diversity! Notification also leaves a lot to desire – 5 properties notified, 8 notices sent and 47 objections!

 

CAULFIELD PARK CAFÉ

Back to the drawing boards on this one – or merely the typical council ploy of delaying expenditure until the place is so run down that the argument invariably becomes – demolish and build a café?

QUARTERLY REPORTING

We remind readers that a public question was asked at the council meeting of February 6th, 2013. It read:

“Currently there is no public reporting of the results of DPC meetings which do not involve appeals to VCAT. In the interests of transparency and full accountability will councillors ensure that the results of all DPC meetings, including property address, planning proposal, and decision, are included in every Ordinary Council Meeting Agenda and Minutes?” (Minutes of Feb 6th 2013)

Council’s response, included in part the following: “The Quarterly Services Report for 31 March 2013 will contain information on decisions by Resolution and by the Delegated Planning Committee according to number of dwellings, number of storeys and number of objections.”

It is clear that the gulf between what is stated and what is done are miles apart. The Quarterly Report DOES NOT include ‘information on decisions by Resolution and by the Delegated Planning Committee’. All it does is present data on those applications which end up at VCAT. Hence, the community still has no idea of how many applications are granted by DPC, their nature, nor the refusal in a format that is clear, accessible, and comprehensive! So much for transparency and accountability.

FINANCIAL REPORT

  • Not a single word this time about ‘liquidated damages’. Compared to the tedious repetition of the past months this might be seen as an ‘improvement’.
  • The delaying of various projects (some until 2014/15 budget) – regrassing of ovals, etc.

Newton, Southwick, and the notorious Special Racecourse Committee should hang their heads in shame or better still, resign! The so-called ‘negotiating’ team has been a total disaster in terms of what they have delivered to the Glen Eira community. The Centre of the Racecourse and the so called ‘agreements’ are not worth a cracker. We maintain that:

  • This is not a ‘park’ and never will be as long as fences continue to mushroom everywhere
  • Access remains limited
  • Terms of the ‘agreement’ are not being met
  • Playground is NOT a playground
  • Landscaping is appalling
  • People would need a GPS system to find their way through all the fences and of course, no signage or directions anywhere
  • Concrete paths are cracking every 2 to 3 metres
  • No shade over barbecue tables
  • Signage on ‘entrance’ points is contradictory (and again not in accordance with the ‘agreement’)
  • One would need to be a mountain goat to scale the Queen’s Rd., entrance – plus no disability access through this entrance whatsoever.
  • If this token ‘development’ really cost $1.8 million, then someone has been ripped off big time. It fails on all criteria of aesthetic, environmental, and open space design.

We will let our photos do the talking. But, how on earth any of this was ‘negotiated’ and how this council can continue to let the MRC get away with blue murder is unforgiveable. Lipshutz, Hyams, Newton, Esakoff, Pilling and Southwick are fully to blame for their monumental sellout of a potentially great community asset.

Here are a few photos and then a slideshow. Please read carefully the nonsense that the MRC has been allowed to post at the entrances. Special attention should be paid to: the statement about ‘restricted areas’; times of opening; and the totally inaccurate maps.

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For the historical record here’s what was said by residents and these councillors when the application came up for approval. The relevant URLs are:

https://gleneira.wordpress.com/2011/08/22/mrc-planning-conference-the-farce-continues/

https://gleneira.wordpress.com/2011/08/23/mrc-planning-conference-part-2/

https://gleneira.wordpress.com/2011/08/29/2594/

And some of the most pertinent comments are highlighted, especially ESKAOFF’s –

SPEAKER #11: Asked if playground was part of application – was told ‘yes’. No detail provided about the playground; Tangalakis then asked if the speaker was an original objector and if so she would have seen the drawings. Speaker responded that what she’d seen were ‘board games’  and “I think that is a silly idea’. Stated that she has young children and couldn’t imagine anyone bothering to go over to a board game if that’s all that was going to be offered.  Kids need better designed playgrounds. ..’.waste of money to put a board game there’. Suggested that unless decent scale is erected then it would remain ‘isolated’ and ‘neglected’. Queried the location adjacent to a lake – safety. Needs fencing and will be cold. Looked at plans, ‘i tried but I could not work out the scale so had no idea’ of anything. In support of developing centre, but if the plan goes ahead it will simply be a ‘lost opportunity’ to do something worthwhile. Concerned that this is all MRC work and that council should ‘independently assess’ merits. Objects to fence, and ‘why it’s necessary’ since access is denied until training over, so why need it? Access point for family not officially recognised so makes it difficult for people to get to facilities. Needs to be ‘equitable access’ to these facilities.

ESAKOFF: Concurred with both Hyams and Pilling. The post and rail fence becomes ‘something more acceptable….we will be pursuing further (playground) equipment….other than that I’m happy with this approval…

Rail plan threatens homes

Date: April 23, 2013
The rail plan.

Homes and business premises in Melbourne’s south-east could be wiped off the map to make way for extra tracks along the Dandenong railway line to carry freight trains from the Port of Hastings.

The plan to build ”an additional track or tracks” along the heavily congested rail line is contained in a briefing to Premier Denis Napthine and Transport Minister Terry Mulder, which was obtained by Fairfax Media through freedom of information.

The plan revives elements of the former Bracks government’s doomed $1 billion Dandenong triplication project. If that project had proceeded, a large number of houses and commercial premises along the rail line – particularly between Caulfield and Oakleigh stations – would have been acquired.

Illustration: Ron Tandberg.

Illustration: Ron Tandberg.

The Napthine government plan, tentatively dubbed the ”Eastern Regional Rail Link”, would involve widening the Dandenong rail corridor to lay dedicated track for freight trains and V/Line trains from Gippsland. It also includes provision for a new line along the Western Port Highway from the Port of Hastings to Lyndhurst on the Cranbourne line, which connects with the Dandenong line.

A spokesman for the Department of Transport, Planning and Local Infrastructure confirmed the plan but said it was too early to say whether properties would be acquired.

”That said, should any property acquisition be required, we will ensure full and proper consultation as we are required to under various acts,” he said.

The plan, outlined in a September 2012 briefing by department deputy secretary Gillian Miles, predicts the existing two tracks in the corridor between Caulfield and Dandenong will cope with freight train traffic for the next decade.

”Nearly all freight is presently carried by trucks on the M1, Dingley and other arterial roads,” the briefing says, adding that the M1 and the Princes Highway ”are already at capacity”.

By contrast, just nine freight trains currently use the Dandenong line each week, plus two trains a day on the Frankston line from Hastings that join the Dandenong line at Caulfield.

”Beyond 10 years, commissioning of new container capacity at the Port of Hastings is likely to result in a steep change in freight demand,” Ms Miles wrote.

She warned that with the advent of Hastings as Melbourne’s second major port, ”demand will outgrow the existing infrastructure and additional tracks will be needed”.

Tony Morton, of the Public Transport Users Association, said there was an argument for extra tracks to cater for more freight and regional trains, but not at the expense of private properties.

”There are ways to accommodate more trains, especially if we improve the signalling on the Dandenong line and get rid of the level crossings,” he said.

Labor’s spokesman for ports, freight and logistics, Natalie Hutchins, said the government should drop its plan for a second port at Hastings and build it in Melbourne’s west, arguing it would cost half as much and be much closer to the city’s industrial areas.

Read more: http://www.theage.com.au/victoria/rail-plan-threatens-homes-20130422-2iasd.html#ixzz2RF9wsJyx

The government has released the figures on the planning activity audit for 2011/12. We’ve commented previously on the highly dubious figures submitted by Glen Eira (see: https://gleneira.wordpress.com/2012/03/20/a-mountain-of-clerical-errors/) so it would not surprise us if this year’s data is equally suspect. However, even given these figures, the trends are alarming and the future is writ large once comparisons are made with surrounding councils. With over 1000 subdivisions and 1000 planning permits granted in 2011/12 Glen Eira is paving the way for more and more (over) development. Further, the much vaunted ‘safeguarding’ of Minimal Change Areas is also becoming exposed for what it is – a myth!

Below are some maps detailing permits for all the areas. Please note the distribution in Glen Eira for both permits and subdivisions. Under Newton and Akehurst, Glen Eira is fast becoming what Lobo would call ‘Calcutta’!

GLEN EIRA

GLEN EIRA SUBDIVISIONS

stonnington

bayside

yarra

boroondara

port phillip

From David Southwick’s website – http://www.davidsouthwick.com.au/fun-run.html

Over the past 6 years, the Melbourne Racing Club has sought to expand the accessibility of the Caulfield Racecourse for the community. Through community consultation, and discussions with local government and David Southwick MP, the MRC have funded a $1.8 million upgrade to the public facilities therein.

We’ve been following with great interest the Orrong Rd challenge to the LendLease application. Stonnington Council appealed the planning panel’s decision to the Supreme Court which is now underway. Below are two items – the Mayor’s statement and the Orrong Group summary of the first day’s proceedings.

590 Orrong Road Update

18 Apr 2013The City of Stonnington will continue to push for a positive outcome for residents living near a controversial Armadale development site, Mayor Cr Matthew Koce says.

Council this week presented its case at the Supreme Court, arguing that an ‘error of law’ was made by VCAT in its decision to approve Lend Lease’s permit application for 590 Orrong Road. The Supreme Court has reserved its decision.

Council received more than 600 objections to the development, which proposes 466 units at a height of up to 13 storeys.

“Our appeal was principally based on the tribunal’s statement that the number of objections to the proposed development was an irrelevant consideration,” Cr Koce said.

“There is a lot of community concern over VCAT’s handling of the case to date, including whether all statements of grounds were considered by the Tribunal.

“These 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, of course, hoping for a positive outcome from this appeal, one that respects the opinions of our residents and one that will protect the rights of residents everywhere.”

Cr Koce has called on the State Government to make a timely decision on a Planning Scheme Amendment, which will place stricter planning controls on the significant Armadale block.

“We have been working on planning controls for this site since 2010, before we received a planning permit application for it,” he said.

“Most recently, the Government said it would not make a decision on the Amendment until the Supreme Court made its judgment. This made no sense, as they are totally separate matters.”

The Amendment includes

  • mandatory maximum height controls of 17 metres (six storeys)
  • maximum density of 50 per cent of the 2.5 hectare site to allow for open space
  • a maximum site yield of 250 units
  • set-backs of six metres around the entire site.

For the latest information on Planning Scheme Amendment C153, including the Panel Report, please click here.

For the latest information on Planning Application 0725/11, please click here.

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There was a great community turn-out to the Supreme Court hearing, with “standing room” only for the first morning. More than 85 people were present to hear Stonnington Council challenge VCAT’s ruling. Even the ‘jury box’ had to be made available to accommodate the crowd.

Justice Karin Emerton presided over the hearing. Stuart Morris QC acted for Stonnington Council and Chris Canavan QC for Lend Lease and Larkfield. Both held the same positions at last year’s VCAT appeal.

Stuart Morris led the Council’s case stating that more than three quarters of the 450 submissions to VCAT from residents were “simply ignored”.

Mr Morris suggested that VCAT had diverged from “established practice” and its decision could be in breach of the Planning Act and in “breach of its own charter”. He stated that this case was important as it went towards “the administration of planning law in Victoria”.

Council argued a second important “error of law”: VCAT’s interpretation of Stonnington Council‘s “‘Large Site Policy” and whether account had been given to the need for developments to reflect the surrounding neighbourhood character.

If the Court rules that the case be referred back to VCAT, Council called for it to be heard before a newly constituted VCAT panel.

The Judge reserved her decision. We will notify you as soon as we hear, which will probably be in the next 2 to 6 weeks.

Our impression of the Supreme Court hearing is far more positive than previous planning hearings. We share the Mayor’s hopes for a positive outcome and “one that respects the opinions of our residents and one that will protect the rights of residents everywhere”. He said “the residents have a right to speak up and be heard”. There is more from the Mayor on the Council web site.

We believe that this will be a test case and perhaps a ‘watershed’ case for planning law in Victoria. Listening to all the arguments and issues raised over the last two days we have a picture of a planning scheme that could be described as a minefield for the community to navigate. It should not be like this and hopefully this case will give a strong message to Government.

Source: http://orronggroup.wordpress.com