It hasn’t taken long for several of our neighbouring councils to present their views on the latest State Government’s housing target announcement. Glen Eira remains silent – at least in the public domain. God forbid that this council should ever criticise the government and god forbid that it should stand up for its residents.

Here are the responses from Bayside and Boroondara. They are presented in full.

BAYSIDE

Housing target looms large for Bayside

Tuesday 18 June 2024

A 70% increase in housing by 2051 could fundamentally alter the character of Bayside, dramatically compromising liveability.

Bayside City Council is deeply concerned regarding the 70% draft target announced by the Victorian Government.

Bayside Mayor, Councillor Fiona Stitfold said delivering this number of dwellings by 2051 without compromising the much loved, neighbourhood character of Bayside would be very challenging.

“Achieving a target of this magnitude would require dramatic change across Bayside,” Councillor Stitfold said.

“We are alarmed regarding the lack of transparency and are calling for the Victorian Government to provide Council with the evidence and data that has informed the target.”

“Bayside will work cooperatively with the Victorian Government however the process to date has not included effective engagement with either Council or the community. 

“Any engagement on the draft target should also include details on how the Victorian Government will fund additional community facilities, services and infrastructure to accommodate an influx of new residents as this is a key concern of both Council and the community,” Councillor Stitfold said.

Bayside has a strong record of approving housing planning applications with approximately 85% within the state government’s requisite timeframe.

Bayside City Council has previously expressed concerns regarding building heights and density proposed in the Suburban Rail Loop Precinct Key Directions statement which focuses growth in the communities of Highett, Hampton East, Cheltenham and Pennydale in particular.

Achieving a 70% increase to housing would require growth across Bayside as well as in the SRL precinct. This growth would most likely occur along the Sandringham Railway Line which has received no state government investment via Level Crossing Removals. 

“While the increase in the number of dwellings appears to be the simple answer to affordability and supply, the reality is that the current housing market is complex and impacted significantly by the state of the economy, supply chain issues, and State Government Taxation” Councillor Stitfold said.

Have your say on the draft housing target via the Victorian Government engagement website.  Source: https://www.bayside.vic.gov.au/news/housing-target-looms-large-bayside

BOROONDARA

State government’s approach to the housing crisis is disappointing and flawed

Tue 18 June 2024

The state government’s approach to the housing crisis is both disappointing and flawed. The need for additional housing is understood but any suggestion that setting housing targets will solve this challenge or even be an effective tool is misleading for several reasons.

First, the housing crisis is the result of poor planning policy by commonwealth and state governments over many years. The cost of government taxes, cost of borrowing for both developers and purchasers, the cost of building materials, shortage of skilled labour due to government projects, cost of living and immigration levels have created this crisis. These are matters for state and commonwealth governments, not local governments. The setting of housing targets does not address any of these fundamental causes.

Secondly, to release housing targets on the scale proposed (a 300% increase on the number of dwellings constructed each year to date in Boroondara) without making any commitment to the infrastructure required to support such exceptional growth is irresponsible planning. Our community has a right to such fundamentals as public open space, adequate drainage and sewage systems, education facilities, health services and transport networks. There is no analysis of this and no corresponding budget allocation over future years from the state. The government must be aware of the need for infrastructure planning given the experience of residents in growth areas, repeated over decades, who continue to have poor access to fundamental services.

Thirdly, housing targets do not produce housing. Developers do that. Councils cannot force developers to make planning applications for new development and councils cannot force developers to build the housing for which they have approval. This is clearly evidenced by the thousands of dwellings which have approval across the state but are not being built.

If the state and commonwealth governments were to accept their roles in planning for adequate housing supply in this country there would be a joint taskforce focused on the macro-economic factors required to stimulate supply and their respective budgets would allocate infrastructure funding required in long term financial plans. This will assist in ensuring quality neighbourhoods and living environments are created for our communities. Community wellbeing and sustainable housing supply should be our focus, not short term politically motivated measures designed to deflect responsibility.

We look forward to a more holistic approach.

Source: https://www.boroondara.vic.gov.au/your-council/news-and-media/boroondara-news/state-governments-approach-housing-crisis-disappointing-and-flawed

Hitting the news over the past few days has been the state government’s release of its preliminary housing targets for each municipality. Glen Eira is being geared to add another 65,000 net new dwellings by 2051 which represents, according to The Age, a 92% increase on current development rates.

Consultation is now open for comment by individuals and organisations. See: https://engage.vic.gov.au/project/shape-our-victoria/page/housing-targets-2051

No one denies the lack of affordable housing, or even housing itself – especially if population growth continues. But to simply decree that what will fix the problem is another 2,000,000 homes by 2051 without any planning for infrastructure, open space, and financial input is in our view sheer madness. Glen Eira has been more than pulling its weight over the past 15 years. To expect a doubling of construction is not planning – it is a recipe for destroying neighbourhoods and liveability – even if this target is possible given the rise in construction costs, labour shortages, and developers’ goal of ever increasing profit.

How on earth these numbers were derived is anyone’s guess. The government website simply justifies the data with the following:

The above ‘criteria’ raise a number of questions:

  • Glen Eira has 9 railway stations in 38.7Km of land. Add to this 6 Major Activity Centres/Comprehensive Development Zones, and about 11 neighbourhood centres that total a good proportion of available land then we can expect most of Glen Eira to be ‘built out’.  When Glen Eira is compared to its neighbours and their targets we are certainly being overdeveloped. For example here are the targets for councils lumped together in the government map (highlighted as green) together with their size in square km –

Hobson’s Bay – 31,000 – 64km

Maribyrnong – 46,000 – 31.2 km

Moonee Valley – 57,000 – 43 km

Merri-bek – 72,000 – 51 km

Darebin – 72,000 – 54km

Banyule – 47,000 – 63km

Booroondara – 67,000 – 60 km

Manningham – 39,000 – 113 km

Whitehorse – 79,000 – 64 kn

Monash – 72,000 – 82km

Bayside – 31,000 – 37 km

Kingston – 59,000 – 91 km

As this shows, apart from Maribyrnong, Glen Eira is far smaller than all other council areas. Add to this the lack of open space, tree canopy loss, and wide areas subject to flood, then we are indeed in deep shit if this proposal is ever to eventuate.

Not a single word refers to population DENSITY and what the repercussions of living with increased density will mean in terms of traffic congestion, lack of open space, urban heat, overshadowing, etc. The basic question of what is an ‘acceptable’ number of people living in each square km is never addressed – and this assumes that infrastructure has been built, that jobs are available, schools nearby, roads accessible, and public transport vastly improved.

The question should be whether Glen Eira has already achieved saturation point. Below we present profile.id data that shows population density as of 2023 in our suburbs. What will this be in 2051 when we add another 65,000 dwellings?

DENSITY PER SUBURB

BENTLEIGH – The 2023 Estimated Resident Population for Bentleigh is 19,360, with a population density of 4,025 persons per square km.

BENTLEIGH EAST – The 2023 Estimated Resident Population for Bentleigh East is 31,214, with a population density of 3,476 persons per square km.

CARNEGIE – The 2023 Estimated Resident Population for Carnegie is 19,412, with a population density of 5,266 persons per square km.

CAULFIELD – The 2023 Estimated Resident Population for Caulfield is 5,905, with a population density of 4,009 persons per square km.

CAULFIELD NORTH – CAULFIELD EAST – The 2023 Estimated Resident Population for Caulfield North – Caulfield East is 19,452, with a population density of 3,566 persons per square km.

CAULFIELD SOUTH – The 2023 Estimated Resident Population for Caulfield South is 12,748, with a population density of 3,897 persons per square km.

ELSTERNWICK-GARDENVALE – The 2023 Estimated Resident Population for Elsternwick – Gardenvale is 12,455, with a population density of 4,354 persons per square km.

GLEN HUNTLY – The 2023 Estimated Resident Population for Glen Huntly is 5,202, with a population density of 5,824 persons per square km.

MCKINNON – The 2023 Estimated Resident Population for McKinnon is 7,205, with a population density of 4,536 persons per square km.

MURRUMBEENA – The 2023 Estimated Resident Population for Murrumbeena is 10,449, with a population density of 3,976 persons per square km.

ORMOND – The 2023 Estimated Resident Population for Ormond is 8,956, with a population density of 4,323 persons per square km.

ST KILDA East  – The 2023 Estimated Resident Population for St Kilda East is 4,480, with a population density of 4,686 persons per square km.

TOTAL GLEN EIRA – The 2023 Estimated Resident Population for the City of Glen Eira is 156,837, with a population density of 4,056 persons per square km.

Source: https://profile.id.com.au/glen-eira/about?WebID=10

Now is the time to provide your input into this government ‘plan’ if you don’t want to see your neighbourhoods completely destroyed. See the above link and please respond. And wouldn’t it be good if for once our council came out with some formal opposition to such planning?

At last week’s council meeting councillors unanimously resolved to seek ministerial approval to advertise the Caulfield Major Activity Centre amendment. To refresh our memory here is some of the history surrounding this issue:

  • The final structure plan was decided in September 2022 and scraped through on the casting vote of Magee – as has happened with several other major structure plans. Those voting against the plan were Esakoff, Zyngier, Pennicuik and Szmood. Concerns included the proposed heights, the activity centre zoning, parking, etc. The final resolution accepted: one 20 storey height and other precincts ranging up to 12 storeys. All heights were discretionary with none cited as mandatory.
  • 8 storey preferred height above heritage in Derby Road
  • The accompanying background document from the first version of the structure plan by Charter, Keck and Kramer stated that the various precincts would house 8700 new residents and that the vast majority of new dwellings would consist of 1 and 2 bedroom apartments.

So what has changed to have the four previously opposing councillors now voting unanimously for the draft proposals? Nothing we believe has really changed and the proposed schedule to the new Activity Centre zone falls far short of dealing with the concerns of both residents and the four councillors previously named.

If we examine the schedule closely we find:

  • A paltry 5% for every 20 dwellings to be social/affordable housing. When you are anticipating around 4000+ net new dwelling that makes it only 200 of these residences. Pathetic – especially when we are told time and again how lacking in social/affordable housing this municipality is.
  • No mention of overshadowing and sunlight requirements for open space and/or surrounding properties.
  • Reduction in car parking requirements
  • No consideration of the impact on existing and proposed new open space with the substantial mooted increase in population.
  • Review rights ONLY if the nominated heights and/or setbacks are exceeded in upcoming proposals. Even this is not across the board but only for specific precincts. It basically means that the proposed heights are now a given. Furthermore development plans only have to be advertised ‘for public comment’ and council is required to consider them rather than allow formal objections.
  • The schedule repeatedly mentions ‘diversity’ of dwellings, yet we know that the forecast is for over 90% to be single and 2 bedroom high rise apartments.
  • No mandatory height limit or setback requirements
  • As with everything this council does we have the magical get out of jail phrase of ‘where appropriate’ added to the objectives for decent landscaping and parking.The sentence which best sums up this nonsense is: To encourage the retention and enhancement of existing mature vegetation where appropriate.
  • Once again we find the phrase ‘generally in accordance’ with any future development plan. As we’ve seen with Caulfield Village this isn’t worth the paper it’s written on given that the Incorporated Plan nominated 1100 net new dwellings. Once finished Caulfield Village will exceed 2000! It is carte blanche once again for the MRC when we find the following sentence included in the schedule – Where there is an inconsistency between a provision of this schedule and the development plan, the provisions of the development plan prevail.

Activity Centre Zones (ACZ)

This is the first ACZ zone to be introduced into Glen Eira. It is therefore important to understand and compare what other councils have achieved with similar zoning. Below we feature the gazetted (ie approved) schedules that other councils have achieved in the past 20 months. We quote verbatim from the various schedules and simply ask – why don’t these conditions also apply in Glen Eira?

BANYULE – amendment C162 November 2022

Overshadowing and Pedestrian Amenity

Development should be designed to avoid casting shadows on the defined Solar Access Area shown on the Framework Plan and Precinct Plans for Precincts 1 and 3. Generally, buildings should not overshadow the footpath on the south side of this part of the Main Street between 11am and 2pm on 22 June.

Development should be designed to avoid casting shadows on the Town Square as shown on the Framework Plan and Precinct Plans for Precincts 1 and 3 between 11am and 2pm on 22 June.

DAREBIN – Amendment C182 – August 2023

The agreement must provide for an Affordable Housing Contribution defined as:

1. The transfer of land that has the demonstrated capacity to support the development of 10 per cent of the site’s total residential yield as affordable housing dwellings, to a registered housing agency at nil consideration for the Agency to develop and rent and/or sell completed dwellings to eligible households. An average 65 square metres /unit is proposed to be used to calculate the amount of land to be provided; or 2. 6 per cent of dwellings provided at 30 per cent discount to a registered housing agency;

Street wall height requirements

Street wall heights must not exceed the maximum measurements specified in clause 5.0 of this schedule

Overshadowing requirements for public open space

Development must not overshadow:

more than 50 per cent of the primary public open space within the precinct between the hours of 11am and 2pm on 21 June.

Any part of the Preston City Oval (playing surface and surrounding open spaces) between the hours of 11am and 2pm on 21 June.

Areas of the public open space north of the Preston City Oval playing surface to the southern edge of the inner footpath and south side of Cramer Street (including the barbeque/picnic area in the north-eastern corner) between the hours of 11am and 2pm on 21 June

Moonee Valley – Amendment c207 – January 2022

Built form above the street wall height must cast no additional overshadowing between 11am and 2pm on September 22 to open spaces and streets identified with a spring equinox solar control on relevant precinct maps. The spring equinox solar controls apply to the length of the southern footpath on Holmes Road, Puckle Street and Alexandra Avenue, measured from the property boundary to the existing kerb. A permit cannot be granted to vary this requirement.

Built form above the street wall height must cast no additional overshadowing between 11am and 2pm on June 21 to open spaces identified with a winter solstice solar control on relevant precinct maps. A permit cannot be granted to vary this requirement.

A permit cannot be granted for buildings and works which exceed the maximum building height specified in Table 1.

Table 1 – Mandatory building heights
Sub-PrecinctMandatory maximum building height (excluding basement)
9A20 metres
9C11 metres
9E14 metres
9H32 metres

Geelong – Amendment C431 – March 2023

Table 8. Mandatory overshadowing requirements for existing and proposed public open space and the proposed Geelong Station Forecourt.

Austin Park

Johnstone Park

Customs Park

Transvaal Square

Steampacket Gardens

No additional overshadowing. 10am-3pm 22 June

Proposed open space

Proposed Geelong Station Forecourt

No additional overshadowing beyond a shadow that would be cast by a wall on a boundary of not more than 8 metres. 10am-3pm 22 June

Conclusion

So we now wait for the formal consent to advertise this draft. It will head off to a planning panel where the chances of residents’ concerns being addressed and ameliorated will be minimal. That is what invariably happens once structure plans scrape through by the skin of their teeth and councillors permit sub-standard planning to end up at planning panels. This whole exercise is merely another example of how little Glen Eira council is prepared to say ‘no’ to anything associated with the Melbourne Racing Club.

Glen Eira clearly makes up its own rules as it goes along, regardless of whether or not these rules are in accordance with its adopted policies and governance rules and which are still current. Recent meetings provide us with conclusive evidence of these machinations.  We refer to public participation and written questions to council.

Public Participation

Out of nowhere we are now being informed that residents in the public participation section of a council meeting have only 3 minutes in which to address council. Also, that the time allotted will be no longer than 15 minutes. Why? When was this decision made? And by whom? Most importantly, this new ‘law/policy’ is NOT IN ACCORD with the existing (2020) policy that clearly states at clause B(15) –

Members of the public addressing the Ordinary council Meeting are permitted to speak for a maximum of five (5) minutes (unless granted an extension of time by the Chairperson)

At last week’s council meeting one resident politely asked if he could have a 15 second extension. This was refused by Cade. Please listen carefully to this audio –

Neither the current guidelines nor the Local Law state the duration of public participation or the public question sections. Yet throughout most of this year we are told that they will last 15 minutes only. It’s important to note that the so called ‘guidelines’ which determine procedures have NOT BEEN AMENDED at the time of writing.

Public Questions

When compared to other councils we again fall short. Here’s what they do:

Monash – Public question time is limited to 30 minutes, unless otherwise resolved by Council.

Darebin – Public Question Time will not exceed 30 minutes in duration unless extended by resolution of Council through a procedural motion, in which case, it may only be extended for one (1) period of up to 30 minutes.

Merribek – The time provided for questions of Council and community statements will not exceed 30 minutes in duration, unless by resolution of Council, in which case, the time may be extended for one period of up to 30 minutes.

Boroondara – The time allocation of 15 minutes may be extended by resolution of Council.

Hobson’s Bay – Twenty minutes will be allocated in the agenda for Public Question Time. However, the Chairperson may vary the time allocated depending on the business to be considered at the meeting. No resolution of Council is required to extend Public Question Time.

Maribyrnong – Public question time will not exceed 15 minutes in duration unless the Councillors present unanimously agree to the time extension, in which case Public Question Time can be extended for further blocks of 15 minutes.

We certainly accept that when a contentious issue arises, there may be numerous residents who wish to address council meetings or submit a public question. Given the length of some agendas, it may therefore not be possible to allow everyone to speak or to answer all the public questions. But we would also argue, that if an issue is so contentious and/or divisive, that it has caused a massive public response, then the onus is on council to provide as much time as possible for councillors to listen to their constituents. Councillors must be provided with the right to extend both public participation times and public question times. Otherwise the perception remains that all council is doing is attempting to limit as much as possible resident voices.

All of the above is important because the draft governance rules and the associated policies are now out for public consultation. They basically seek to legally cement what has been happening this year, and hence are unacceptable.

Unlike other councils, Glen Eira’s governance rules in regard to public participation and public questions are basically bereft of important detail. What becomes the ruling factor are the so called ‘policies’. Whilst neighbouring councils itemise all aspects and procedures, Glen Eira relies primarily on the policies. Why? We believe that this action is designed to side-step the need for public consultation which a formal amendment requires as part of Local Law procedures. It also allows council to tinker repeatedly with these policies as they see fit. This is not sound governance and certainly not in the public interest.

The latest drafts for public participation and for public questions specify a 15 minute time limit. They do not provide any time duration for a resident addressing council in the public participation format. Everything is left open to the ‘discretion’ of the Chairperson (ie mayor). Nor are we told whether residents must be present in chamber for their question to be read out and answered as stipulated in the 2020 changes.

These above points are important because council has always operated on the principle that if it isn’t in the ‘rules’ then we don’t have to do it! Or conversely, because it isn’t in the rules, we can do it! One should expect that something as important as governance rules be spelt out to the nth degree. Not only do these new proposed rules represent a deterioration in governance at Glen Eira, they also further sideline councillors and residents.   

We have to question what is really happening with consultation in Glen Eira. Residents and councillors are literally snowed under with a plethora of current consultations. After tonight’s council meeting there will be seven issues that are currently open for input/submissions. Very soon, another 2 important planning items will be added – the Bentleigh and Elsternwick structure plans.

Questions abound! Why so many, why now, and how vital are they all at this point in time? And most importantly, what impact does a deluge of consultations have on community feedback and on councillors themselves? Was it really necessary that we now have a consultation on gambling, or even the economic plan? Considering that the budget will be discussed tonight, then surely this should precede an ‘economic plan’ so that the budget would set the parameters.

It is asking a lot for residents to partake in any meaningful manner on these consultations. Admittedly, not every issue will be of concern to all residents. Some may be interested in the annual budget, and not in gambling policy. People will pick and choose and decide if they have the time and energy to provide feedback. Glen Eira will of course continue the rhetoric that it cares about consultation and consults regularly. Over the years however, feedback on many of these consultations have been extremely poor – apart from the really contentious issues such as the Inkerman bike path, or the Queen’s Avenue cycling path. Yet, council has never really investigated why there has been a low feedback rate, and nor have they come up with any answers.

If there is simply apathy, then it is incumbent on council to explore why. Could it possibly be that once bitten twice shy?  When people have taken the time to provide feedback and then discover that nothing they have said has been responded to or even listed in summary reports they give up and believe that council simply doesn’t listen or act upon their suggestions? This would be enough to put anyone off from trying again! A truly responsive council is one that monitors and investigates the results of all its consultations. We don’t believe this is happening in Glen Eira!

 We have long advocated for the following to occur:

  • A short succinct summary of proposals that don’t require residents to plough through hundreds of pages (mostly of spin) prior to submitting their feedback
  • Surveys that are deliberately open ended instead of question upon question that is geared to garner the required response.
  • The involvement of councillors and the consultation committee in vetting questions and processes prior to consultation

In the next month or so residents and councillors will be confronted with up to 9 consultations occurring simultaneously. That is nothing but a recipe for disaster! But is this what council really wants?

Bayside council completed a Panel Hearing during February 2024 for its heritage proposed amendment C192.  The report is not yet available. What is significant in this council’s approach to preserving heritage when compared to Glen Eira is the insistence on the ‘value’ of heritage to the entire community.  The Glen Eira approach has simply stated that because council has identified certain areas as suitable for ‘housing growth’ heritage can be overlooked!

Bayside council’s submission to the recent planning panel is fascinating when seen in the light of Glen Eira’s approach.  Our council tells us repeatedly that there could be serious ‘social’ and ‘economic’ drawbacks if certain sites are allowed to remain in the existing heritage overlays. They can therefore be removed. Bayside counters such views with the following extracts from its formal submission. We’ve uploaded several sections from this document.  Please note the differences in approach and what this means for heritage preservation.

Despite persistent claims from councillors and this administration that preserving heritage is vitally important, last night’s council meeting provided conclusive proof that in the choice between facilitating development or preserving heritage listed sites, heritage would always lose.  

The issue surfaced with the proposed amendment to the Elsternwick heritage study which is now seeking ministerial approval for advertising. Repeated time and time again throughout the various attachments we find the following (verbatim) paragraph:

Including these sites within a Heritage Overlay would negatively impact on potential future housing growth within locations that Council has resolved to allocate to housing growth. This inconsistency has social and economic implications. When balancing Council’s adopted strategy for housing growth opportunities in these locations with heritage protection, it is considered that in these two instances, housing growth should prevail.

We note that there is no explanation of what these ‘social and economic implications’ are, nor how they are assessed and verified. Surely the preservation of heritage buildings has its own wider,  ‘social’ benefits?

All of this stems back to 2019 when council attempted to have amendment C203 accepted. The Minister or department decided at that time that not all the nominated precincts be included because this would impede development. A department letter to council stated:

“At this stage it is not considered appropriate to apply the Heritage Overlay more extensively in Elsternwick given that Council is yet to seek authorisation for a planning scheme amendment to implement the Elsternwick Structure Plan. Doing so could, by default, lead to heritage controls becoming the primary driver for development outcomes within the Elsternwick Activity Centre.

Council’s response? Not a whimper! No public questioning of the legality and common sense in 2019 and not again in 2024. Council meekly accepted the decision and has now enshrined this in the latest amendment attempt. The result is the continued loss of heritage buildings in Glen Eira, and particularly in Elsternwick.

When Amendment C203 finally went to a planning panel, the members were not averse to stating clearly their disapproval of the imposed conditions. We have uploaded two pages from the panel report at the conclusion of this post. Their conclusions questioned the legality and evidence for the exclusion of the nominated precincts. They found that the amendment:

1. Is counter to Planning Practice Notes 1, 58 and 60 and that

2. Development potential is not a valid criterion when considering heritage potential.

3. Development potential is NOT prioritised above any other criteria in the planning provisions

4. No valid justification has been provided for the exclusion of the precincts

5. Contravenes Plan Melbourne where heritage is said to be ‘fundamental’ (Clause 4.4.3) to the state’s cultural identity.

Last night’s officer’s report  confirms what an absolute shambles planning, and particularly heritage has been in Glen Eira. The latest amendment is simply trying to largely rectify the indifference and errors of the past when countless streets containing confirmed heritage overlays were rezoned as Residential Growth Zones (RGA and 4 storeys) when they should not have been! Here’s what the latest heritage report states:

The application of the RGZ in these almost exclusively residential Heritage Overlay areas is contrary to the guidance of PPN91 (Planning Practice Note 91 – Using the Residential Zones), which identifies that there will be difficulty in reconciling the conflicting objectives of substantial housing change (through the application of the RGZ) and the conservation of existing buildings (by applying the Heritage Overlay).

In other words, the introduction of the residential zones in 2013 was a disaster for heritage. Many sites in these heritage overlays have now been demolished and replaced with 4 storey apartment blocks as a result. We remind readers that we are yet to see a full and decent review of this zoning!!!!!

Our argument is simple. If something is determined to be worthy of heritage listing then it MUST take precedence over development potential. Council chooses the alternative – development always comes first!

The vote last night was 7 to 2. The opposing councillors were Esakoff and Parasol and NOT because they were against the removal of so many heritage sites, but because they wanted one nominated dwelling removed from being included in the overlay, even though it is surrounded by heritage cited properties! So much for giving a damn about heritage in Glen Eira!!!!!

Here’s the Planning Panel report comments –

Council is proposing a new Local Law designed to protect not only SIGNIFICANT trees, but also canopy trees on private property which qualify under height and width criteria. This is certainly an improvement and should protect more existing trees. However, how many existing canopy trees will actually be covered by the proposal(s) depends to a large extent on how well the upcoming Local Law is written and what is its true intent. What also needs to be considered is to what extent all decisions will be fully transparent and who will make these decisions. Will it be left entirely in the hands of officers, or will councillors have the final say as in numerous other councils on which permit applications are granted or refused?

The officer’s report includes the following paragraphs on this last point:

The above is very ambiguous. We are told that officers will presumably undertake the initial assessment when there has been a permit application, and this is fair enough. The final paragraph however clearly states that there will be an ‘internal review process’ but only for those applicants who have requested a review. Thus, if a permit has been granted, then there is no need for a review! Officer’s will have made the decision and that’s the end of it with no councillor involvement, or no objection rights by anyone it would seem.

The paragraph continues that a report will be prepared but this is dependent on whether or not the applicant has chosen to seek a review as stated previously. What remains unclear is whether the officer report will also cover applications that have been granted a permit ‘internally’ and whether the tabled report is there simply for ‘noting’ or for councillors to make actual decisions? Even with the existing significant Tree register local law, councillors are sidelined and all decisions are made by officers. There is therefore no transparency and no accountability for decision making. We suspect that the proposed new law will be the same. Surely the onus on council is to clear up any ambiguity  and to ensure residents that trees will be fully protected.

There are other issues with the proposals as well. Here is our take on these:

Clause 2(b)of the proposed Local Law states that a permit is required to prune or direct, authorise or allow to be pruned a Classified Tree or a Canopy. But we then get the ‘exemption’ that this clause does not apply if Council is notified within five (5) working days of the commencement of the pruning.

 This may sound quite innocuous, but it has major repercussions. Why the 5 days grace? Most pruning would be concluded well within 5 days. If an applicant then calls council and says ‘I’ve pruned my tree’ what evidence exists that the pruning was in accordance with the 10% maximum reduction of canopy allowed? What evidence do we have that the branches were less than 10cm in width?

Bayside, by contrast, has processes that would ensure the pruning is done legally. They insist on:

  • Photos taken BEFORE and AFTER
  • That the work be done by a qualified arborist
  • That the arborist has to sign off by certifying the work done.

NONE of the above applies in Glen Eira!!! This leaves a huge loop hole that can easily be taken advantage of.

Compounding the problem we then get this additional clause regarding pruning:

Subclause (2)(b) does not apply to pruning, which is carried out to the following specifications—

(a) up to a maximum of 10% of the Classified Tree’s or Canopy Tree’s total volume within 12 calendar Months

We assume that this means there can be numerous episodes of lopping throughout a 12 month period. But given that no permit is required we again lack evidence that only 10% has been lopped? Nor are we told whether or not each lopping requires council to be notified – even within the 5 day period.

One other change to the current Local Law is also worth commenting upon. Please read the following carefully:

Questions abound. Consider this scenario – No permit has been applied for. A neighbour complains to council  that a large canopy tree is being removed next door. According to the current Local Law, the property could be entered by a council officer and inspected. With the proposed new law, this could only happen if the owner of the tree has ALREADY APPLIED FOR A PERMIT. If he/she hasn’t, then they the new law does not provide them with the power to investigate and potentially call a halt to the tree removal!

CONCLUSION

Whilst these proposed changes are definitely an improvement and an attempt to protect our existing canopy trees, they simply do not go far enough. We fully accept that there may be situations where a tree presents a major health risk due to storms, etc and should be lopped/removed in the name of safety. But, there are far too many loopholes in the proposed new law that can be exploited. All that is required is that clauses such as Bayside and other councils have is included and that the essential role of monitoring evaluations occurs by councillors. What role councillors will play needs to be spelt out clearly. This has not been done.

Leaving everything in the hands of officers does not engender full transparency and accountability in decision making. Bayside for example also publishes on a regular basis a list of permits granted for the removal of trees. There is nothing in this proposed law which will ensure that decisions on whether to refuse or grant a permit will ultimately be made in the full council chamber so that all residents can see and listen to the evidence.

ONE FINAL POINT. All of the above of course is dependent on whether a planning permit for the site has been granted. The permit could and often does include permission to remove existing trees. Given that planning permits are largely decided by officers and that at least 15 objections are required before the application can go to council, this again places enormous power in the hands of officers.

The following post appeared recently announcing Magee’s decision not to stand for the 2024 council elections. See: https://www.linkedin.com/feed/update/urn:li:activity:7163721229558800384/

We have copied the post below –

After almost 16 wonderful years as Councillor for Tucker Ward in the City of Glen Eira, I have decided not to contest the 2024 local government election.

Those who know me will know that I have always been a great believer in renewal. In any democracy, it’s important to have new faces representing the rich diversity of their communities. Now is the time for someone new to take on this important role. I will remain a Councillor until the next election in October.

It has been an absolute honour and privilege to represent the people of Tucker ward, as well as to serve as Mayor for three terms and Deputy Mayor for two terms.

I am and always will be a fierce advocate for local government. Councils are the closest level of government to the people. While we have the smallest budgets,3% off all taxes are collected by councils we are responsible for one thread off our country’s infrastructure, we arguably have the greatest responsibility to provide services and infrastructure which meaningfully touch everyday lives in our communities. We build community wellbeing and social cohesion, plan for the future, and build and maintain billions of dollars of infrastructure for our communities.

We responded to real and emerging challenges — confronting the long-term sustainability of the councils, shrinking revenue, increasing cost shifting from other levels of government, and rising community expectations. These conversations have a long way to go, but I am proud to have helped to spark them.

To have represented a City as liveable, welcoming and diverse Glen Eira — working alongside many other incredible Councillors — has been a privilege I will never forget. Every day, I worked to do what I could to make Glen Eira an even better place to live, work, study and play.

Thank you to the people of Tucker Ward for this incredible honour. Thank you to the many Councillors and officers who have supported me and my work. And thank you most of all to my wife Claire, and sons Daniel and Joe for your love and support. I couldn’t have done it without you.

I am looking forward to the next chapter and exploring what the future holds.