48 hours down and still no sign of the Municipal Inspector’s findings on Council’s website! What’s the holdup? Why can’t such a simple thing be seen to immediately? Makes us think that perhaps the ‘in camera’ discussion did not augur well for the community; that councillors may be reluctant to release the report in a format that is easily accessible 24 hours per day, can be sent around to all and sundry, and which may contain some major (or minor) embarrassment for certain individuals.

Expecting residents to roll up to Council, hat in hand, asking for a copy is simply not good enough in 2010. Besides, this council has often cried ‘wolf’ when it comes to photocopying costs on such things as public submissions and public questions. So how much will it cost to print off perhaps hundreds and hundreds of the Municipal Inspector’s report!

Come on councillors. Show some guts – fulfil your obligations to govern in an open and democratic manner. Hiding behind the service desk does you no credit!

Media release from council, Wednesday 1/9/2010 

Investigation makes recommendations 

 Glen Eira City Council has now officially received the findings of a Local Government Investigations and Compliance Inspectorate (Inspectorate) investigation into the Council.  

The Inspectorate investigated complaints about the Council and individual Councillors. The Inspectorate also investigated complaints about the performance of Council officers. The investigation found no prosecutable breaches, but made a number of recommendations to improve business practice and the community’s perception of Council. In relation to Council officers, the investigation made no adverse findings and no recommendations. The first complaint was received in November 2009. Of 43 complaints received, both prior to and subsequent to the investigation being made public, 27 were investigated. 

The recommendations include comprehensive Councillor training, ensuring consistency in the accuracy of minutes of all meetings, electronic mail procedures, ensuring committees are properly constituted and the need to avoid unauthorised opinion on behalf of Council. 

Other than the recommendations made, the Inspectorate has determined that no further action is warranted in relation to the complaints. It is apparent that a number of complaints were dismissed as there was no evidence to support a breach of the act. 

To the extent that the Inspector had concerns with councillors’ accountability and transparency, they related to conduct concerning the CEO reappointment process and contract that properly took place confidentially. There was no suggestion that the Council or councillors were improperly concealing any activities or deliberations from the public, rather that proper records had not been kept. 

The functions of the Inspectorate include:  

  • breaches of the Local Government Act 1989  
  • Investigating allegations against councillors and senior council officers concerning Local Government Act 1989
  • Conducting compliance audits with all Victorian local councils for requirements under the Local Government Act, 1989
  • Monitoring the corporate governance of councils
  • Monitoring electoral provisions
  • Undertaking prosecutions for breaches of the Local Government Act;
  • Recommendations for matters to the Victorian Civil and Administrative Tribunal (VCAT)
  • Provide recommendations to councils for continuous improvement
  • Providing advice through the Secretary of the Department of Planning and Community Development to the Minister for Local Government where there is serious failure of corporate governance.
In this instance the Inspectorate has determined only to make recommendations to Council for improvement.Councillors commit to the highest standards of accountability and transparency and will work with officers to produce a framework for the implementation of the recommendations in response to the Inspectorate’s findings.
Complainants will receive individual notification of the outcome of the investigation in relation to each particular complaint they have made.
Copies of the full report are available from Council’s Service Centre on 9524 3333.  

We have received a slightly edited version of a letter that was sent by a resident to all Councillors early this year in regard to planning in general, and the planning scheme review in particular. We note, that only 3 councillors bothered to respond to this letter. We further note, that of all the comments made, only 1 even received token comment in the final planning scheme review.

I wish to bring to your attention some matters relating to planning in Glen Eira and seek your support in addressing these issues in this term of council.

You will be aware that the Save Carnegie Action Group has been active in Carnegie over recent years, trying hard to retain some character and residential amenity in a neighbourhood under intense development pressure.  I will continue to work to ensure my children have an opportunity to grow up in the type of suburb and neighbourhood that made us want to purchase our home 30 years ago.

I have major concerns about the inadequacies of the Glen Eira Planning Scheme and how these inadequacies have offered residents of my neighbourhood little or no protection against inappropriate high-density development.

I am familiar with the planning scheme, Melbourne 2030 and now Melbourne @5m.  I am aware that it is easy to blame state policies whenever development proposals are put forward.  But it is and always has been state policy linked heavily to councils planning scheme that have threatened and continue to threaten the character and community of Carnegie. Council always states that state policy drives the planning scheme but many other councils have planning responses that more heavily protect residents.

You need to look after residents across the whole municipality on planning matters, not only those people who have been fortunate enough to live in ‘minimal change’ areas.

Twenty percent of the Glen Eira municipality has been designated for high density development with little protection of residential amenity, the other 80% get far more protection.  Why are not all property owners being treated equally?

I want you as councilors to see ensure that the Glen Eira Planning Scheme is rewritten and redeveloped in consultation with the community so that we can preserve and maintain some of the great features of this, and other neighbourhoods across the city.

Some points I want to raise with you:

  1. Glen Eira has not prepared structure plans for any of the 5 urban village (activity centres) within its boundaries
  2. The plans that have been prepared have the planning work dated as 2000 – TEN YEARS AGO! – Good planning cannot take place when the plans and consultative processes leading to the plans are over 10 years old
  3. The 10 year old plans are no longer relevant to the city and certainly not relevant to Carnegie
  4. C25 contains no where near enough details to guide development of most of the Carnegie neighbourhoods
  5. There is no rational thinking behind the designation of urban village (activity centre) boundaries in Carnegie – with areas better suited to higher density development being ignored and streets with single storey family homes designated as appropriate to 3 (and higher) storey buildings
  6. Unless the planning scheme is changed council will not be able to stop inappropriate high density development as the scheme, as it is now, gives developers the full go ahead and gives little protection to existing land owners
  7. Glen Eira already has a very dense population for a ‘middle ring’ municipality – the density per square kilometre of Glen Eira’s population sits more closely with inner ring municipalities rather than middle ring municipalities, based on population figures from 2006

 

City/Shire LGA Area km2 People in 2006 Density/ km2 Ring to CBD Rank Melb Rank Aus Develop Cap %
Port Phillip 20.62 85,096 4127 Inner 24 363 6
Yarra 19.5 69,330 3555 Inner 30 514 10
Stonnington 25.62 89,883 3508 Inner 13 63 12
Glen Eira 38.7 124,083 3206 Middle 12 56 8
Moreland 51 142,325 2791 Inner 25 376 4
Boroondara 60 154,450 2574 Middle 4 9 9
Bayside 36 87,936 2443 Middle 3 8 5
Moonee Valley 44 107,090 2434 Inner 21 191 6
Darebin 53 128,067 2416 Middle 27 386 5
Whitehorse 64 144,768 2262 Middle 5 24 10
Maribyrnong 31.2 63,141 2024 Inner 29 503 14
Monash 81.5 161,241 1978 Middle 11 51 6
Melbourne 36.2 71,380 1972 Central 31 574 4
Banyule 63 114,866 1823 Middle 8 31 3
Kingston 91 134,626 1479 Middle 16 99 1
Brimbank 123 168,215 1368 Middle 26 381 2
Knox 113.8 146,740 1289 Outer 7 26 1
Hobsons Bay 65 81,459 1253 Inner 20 163 2
  1. Given the already high density of population in the city, why are we under pressure to increase this density?
  2. Glen Eira has a similar population density to the Cities of Yarra and Port Phillip  – why has there been such a ‘planning push’ to increase the density of our city any further?
  3. The only winners from high density development are the developers – the community loses on every front including:
    • Loss of amenity
    • Increase traffic in our local area
    • Increased on street parking
    • Increasing numbers on an already overstretched public transport system
    • More cars on local roads with increasingly lengthy waits at railway crossings – sometimes the traffic along Darling Road heading south can be backed up almost to Waverley Road’ at peak hour
    • Loss of diversity in the Carnegie shopping strip – nearly every vacant shop is being redeveloped as a café or Asian supermarket
    • Continual noise and disruption from construction works
  4. Carnegie is not suited to be an activity centre – we have no public open space in the activity centre – this is a factor considered as very important in state planning guidelines for activity centres but was totally ignored when Glen Eira council nominated Carnegie as an Urban Village.
  5.  The size of blocks in the Urban Village in Carnegie are quite small, with most having 50’ frontages and being 122’ deep,  so intense development really pushes what is reasonable and acceptable on small blocks and challenges residential amenity when high density development is located next to residential properties.
  6. The inappropriate and amenity-compromised outcomes of high density development in a low density housing area  

What you as elected representatives need to do is: 

  • Immediately review the Glen Eira Planning Scheme, particularly C25 – genuine review that includes detailed consultation with residents 
  • Undertake planning with a focus on the ‘public realm’ rather than a singular focus on housing – Carnegie needs a new planning scheme that will result in a neighbourhood with vitality, viability and vibrancy – this is not what is happening at the moment 
  • Oppose inappropriate development that results in 3 (or more) storey buildings being constructed next to single residential dwellings 
  • Limit the height of developments so as to protect residential amenity 
  • Continue to challenge the recommendations of council’s planners who often get it wrong and present incorrect information in their reports to council 
  • Listen to what the community wants and offer us some protection to our residential amenity, our property values and the values and character of our neighbourhoods

Just a short note of thanks to all our readers. We have now been online for two months and are delighted with the interest aroused and the responses received from you all! In fact, we’ve even surprised ourselves. After an expected slow start, we are now really up and running with over 1000 visits per week – week after week! This is extraodinary for a two month blog! With undue modesty, it means that we’re really hitting a chord; that a critical dissection of Glen Eira issues is desperately needed, but more importantly, that residents want their views out there in the public domain.

We hope that you continue to read our posts and comment on issues that interest you. Again, if there are any suggestions, then just let us know.

As expected, Cheryl Forge was today declared the new Glen Eira councillor. She will be sworn in at tonight’s council meeting.

Today’s Caulfield Leader –

IT CUTS BOTH WAYS

COUNCILLOR Michael Lipshutz described Helen Whiteside’s resignation from Glen Eira Council as done with ‘‘spite and malice’’. ‘‘Spite and malice’’ plus ‘‘disdain and arrogance’’ singled out Cr Lipshutz from any other councillor when he responded to residents exercising their democratic right in opposing construction of the pavilion in Caulfield Park.

Arrogance yet again can describe Cr Lipshutz when he was seen walking his schnauzer off-lead in a clearly deemed ‘‘on lead’’ area in Park Cres, Caulfield Park, on August 22.

Cr Lipshutz was flagrantly disobeying the bylaws in the ward and municipality for which he is a councillor.

DON’T BELIEVE THEM

GLEN Eira Council is blatantly lying about childcare availability in this area (‘‘Time runs out for kids,’’ Leader, July 20). There are not enough places to cover demand – you simply cannot get your child into childcare in any centre in this area right now.

Now with the closure of Elsternwick Children’s Centre, the pressure on families in the area will be extraordinary. Is the council expecting people in the area to stop having babies or families to stop working? What a choice for us to make. Surely it is part of the council’s remit to help families, not make life impossible.

CLEAN THEM OUT

THE management of Glen Eira Council needs a clean-out (‘‘Deputy mayor quits,’’ Leader, August 10). Replace all the senior executives. The cosy arrangement between the Glen Eira planning department and the racecourse developers is enough to have questions asked.

From Moorabbin Leader –

CHILD CARE CLAIM UNTRUE

Glen Eira council is wrong about child care availability in this area. There are not enough places to cover demand – you simply cannot get your child into childcare in any centre in this area right now.

Now with the closure of Elsternwick’s Children Centre, the pressure on families will be extraordinary. Is the Council expecting people to stop having babies or to stop working?

We expect that tomorrow morning at 10.30am, Cheryl Forge will be declared the new Glen Eira Councillor to replace Helen Whiteside. This means that Cr. Forge will be presiding over her first council meeting tomorrow night.

With this new player in the mix, it will be interesting to observe what, if anything, flows as a consequence of her election. We urge residents to attend this meeting and see for themselves.

 

Once again we witness the attempt to ram through a vital policy document that will set the strategic direction of ‘environmentally sustainable development’ in the municipality for years to come. We have chosen the phrase ‘ram through’ deliberately. Time and time again, Glen Eira has produced draft policy documents that do not stand up to close scrutiny, nor do they ever address the concerns raised by residents.

On Tuesday night, councillors will be expected to vote on a policy that is inept, lacking vision and detail, and which fails to provide indicators that can effectively gauge the success or failure of the proposed objectives. In fact, the entire process needs to be critically questioned. Where has there been open discussion? Council cites one forum which took place in 2009, and then the call for submissions. The final draft, regardless of what council claims, again ignores these submissions in all important areas. Yet, the powers that be, expect this to be voted on.

If council is genuine in its desire to ‘consult’ and ‘engage’ with the community, then the following must happen:

  1. The vote on this policy is deferred
  2. Those submitters wishing to address council be given the opportunity to speak
  3. Suggestions made by residents and not accepted by council deserve full and comprehensive reasons as to why those suggestions have not been taken up.
  4. Blatant errors in the draft be explained – ie. with a staff of 1000 well paid individuals, residents should expect that correct information is supplied, evaluated, and incorporated into such strategic documents.
  5. Responses to submissions deserve more than the one sentence ‘brush off’ found in council’s summary/response notes.
  6. Action plans, MUST MEAN MORE THAN “CONSIDER”, “INVESTIGATE”, “INFORM”. Council needs to get its language right, and begin to realise that the public will no longer accept platitudes and motherhood statements as substitutes for ‘action’ on important issues.
  7. Councillors must reject this draft; send it back to the drawing board, and insist on full, and open public consultation.

 

The above comments perhaps sound harsh. But we’ve taken the time to carefully digest all of the published submissions. They are thoughtful, insightful, and offer much that is of concern and value to the community. The simple fact, that most of these comments have largely been ignored is unconscionable. We invite all interested residents to read the following which are verbatim extracts from some of these submissions. Please note that there was plenty more that could have been included.

Extracts:

 …the strategy does not seem to be a particularly strategic document

Many peer councils have established sophisticated and strategic documents which do not appear to have been adapted by GEC in this instance. The absence of quantifiable and measurable targets and priorities is perhaps the single greatest gap in the strategy. There exist many measures, benchmarks and standards to assess progress towards integrating sustainability into the diversity of council powers and responsibilities. The range of actions listed in the Action Plan 2010-2012 often bear no relation to the vision or the core areas identified, nor the analysis. For example the failure to include references to e-waste in the core document but listed under the action plan reinforces the impression of a piecemeal approach.

The statement about balancing environmental with economic and social considerations appears to undermine the vision. It is suggested that this be addressed more fully and spell out how council will approach reaching ‘best practice’ and which standards or benchmarks will be applied.

There is no reference in the Strategy to Planning and urban design issues. Some references are made in the action plan, but without an overriding purpose and sense of direction. This is one area where council can have a powerful long-term impact on the built environment. Given the pace of development in the municipality, clear direction to developers is urgently needed. We are building poor housing stock which will be grossly unsustainable for many decades, due to lack of attention to basic siting, shading, water and energy consumption post development. Action to adopt the STEPS/SDS process would have a much greater impact than hundreds of information fact sheets.

It is a puzzle why the section on low cost council is included in the document. How does this relate to the community ratings and findings that council demonstrate leadership that historically has not been funded through rates or other tiers of government. How does council propose to address this growing community demand within its low cost model and where GEC wishes to position itself? Surely council cannot realistically achieve its vision without considerable growth in investment in environmental sustainability. Waiting for other levels of government to act has meant GEC has missed out on millions of dollars of partnership opportunities with State and Federal government and other providers.

Providing information as the main role to households and business is not in accordance with current best practice, nor with the leadership role outlined for Council in 2.5

Local government does not have ‘limited opportunities’ to influence greenhouse gas emissions in the community. On the contrary, Local Government has been a most active and influential player where it has committed and acted on community engagement. Local governments have developed policies, targets, programs, established partnerships, advocated and worked with the active community members to enable changes at the local level.

Paragraph 6 is incorrect. Several councils already adopted zero emissions targets, both for corporate or community emissions by varying specified dates.

The information on street lighting being a Victorian govt jurisdiction is not correct. The asset is privately owned with council responsible for the energy bills. There is absolutely no indication that state government will bear any costs for replacement to T5s. Council should look to a financial plan to change over lights. Installations are being updated elsewhere, for example, in Frankston

The action plan lists many areas for investigation without a clear intent or strategic goal. This risks an ineffective and inefficient use of council resources. ‘I investigated and found it was too costly, too hard,’ does nothing. Council must relate its practices to those best practices occurring across councils in Melbourne, set clear goals, standards and benchmarks. Setting a 5 star green standard for all new building means something. Becoming more environmentally sustainable these days does not and is no longer satisfactory performance for any municipality with the resources available to Glen eira.

In my view, the proposed waste management policy fails to meet the objectives of the vision statement. We are not getting ‘value for money’ and the policy will not help residents ‘improve the sustainability of their households’. The council needs to do a lot more homework on this issue....

An area of key interest to me concerns the protection of significant trees on private and public land….I note that this topic is covered by a two line sentence in the draft strategy, namely “to prepare options to identify significant trees on private and public land and a means to protect them.” While this is a good first step I am most concerned that it does not go far enough. In the first place the strategy only requires this action to be implemented by July 2012…..furthermore the action only calls for the development of options to identify trees and the means to protect them. It should include an implementation clause to ensure that procedures are actually put in place to protect the trees. Developing options cannot be a two year task. There are plenty of examples of procedures elsewhere.

 

The Draft document states that council ‘has limited ability to protect and enhance the local natural environment..’ this is clearly not the case. Council manages many hectares of park and street vegetation, and also has a role in managing water, energy consumption, pollution, pesticide and herbicide use, all of which impact on biodiversity. Council has a role in urban planning, including decisions about public open space and permeable areas mandated for developments.

The Draft document has confused biodiversity issues with other environmental issues. For example, ‘native vegetation’ is not necessarily indigenous vegetation, and ‘purchasing environmentally friendly products and services’ does not necessarily protect biodiversity. Nor does ‘effectively’ discharging storm water protect biodiversity. There is a need to integrate biodiversity strategy with other strategies, especially street tree strategy, water strategies, and urban building codes, otherwise biodiversity initiative might be annulled by contradictory policy in other areas.

Residents would expect council to be moving progressively toward building a sustainable future based on being socially sustainable, economically sustainable, and environmentally sustainable. The draft seems to recognise this objective but fails to draw up a strategic document that could be used effectively as a planning instrument to fulfil this goal of becoming a sustainable council.

Item 9.6 listed in the Agenda for next council meeting raises many questions. Here is a seemingly innocuous amendment that seeks to establish a car park for a current supermarket in Murrumbeena Road. According to the officer’s report, one residential dwelling will be demolished and the car park created. The land will be rezoned from Residential 1 to Business 1. There were five submissions – 2 opposing and 3 in favour. Straight forward you say? No, no, no!

The recommendation is: “That Council resolves to request the Minister for Planning to refer Amendment C76 to an Independent Panel to consider submissions.”

What on earth is going on here? What aren’t we being told? Why seek a panel? Ostensibly this is minor stuff, not a huge development. Why waste everyone’s time, including money, for something so apparently ‘trivial’. What is the hidden agenda/motive? If anyone has any ideas on this, then please let us know.

 

Strong and persistent rumour has it that the Municipal Inspector’s Report will be handed down to relevant parties today – ie. Friday, 27th August.

Given past history, we anticipate a whitewash, with the possible feather like tap on the wrist to certain individuals.