Tag Archives: Amendment C137

FROGMORE UPDATE

Many readers will remember GERA’s unsuccessful “ Save Frogmore Campaign” (1 Wahgoo Road, Carnegie) and Glen Eira Council’s shameful 9/6/2015 decision to abandon applying heritage protection to Frogmore House before it could be assessed by an Independent Planning Panel (effectively denying all stakeholders access to the appropriate due planning scheme amendment process). The end result being the demolition of Frogmore House occurring in July, 2015.

Unfortunately, it appears that an addendum has recently been added to the shameful Frogmore Saga.   This time it is related to processing the of the planning permit application for a two storey Aged Care Facility which includes a proposal to remove 88 trees from the site.

BRIEF RECAP

The 9/6/2015 decision to abandon heritage decision for Frogmore was made

  • despite
    • a Council commissioned Independent Heritage Expert Assessment (Jan, 2015), which unequivocally recommended Heritage Protection at the Municipal Level.
    • it being inconsistent with the Glen Eira Municipal Strategic Statement, Glen Eira Planning Scheme and the 1987 Planning and Environment Act objectives of planning for Victoria. Inadequate strategic justification was provided to support this inconsistency.
    • a recommendation from the National Trust
    • considerable community support for Heritage Protection to be applied to Frogmore (petition of approx. 1000 signatures, planning conference 300+ letters of support for protection vs. 2 against protection)
    • Council’s
      • Instigation (reportedly by Mayor Magee) of an Interim Protection Order for Frogmore in Jan, 2015
      • 2/2/2015 6 to 3 decision to proceed with Heritage Protection based on the January, 2015 Heritage Advisor’s Report (For Protection Crs. Sounness, Okotel, Lobo, Delahunty, Esakoff and Magee; Against Protection Crs. Pilling, Hyams and Lipshutz)
  • based on
    • reliance on an inappropriate process (the planning permit approval process) to determined Heritage Values vs. the appropriate Planning Scheme Amendment process
    • reliance on an outdated (2002) Municipal Wide Heritage Assessment that recognised Frogmore as significant but excluded it from Heritage Protection in part because in was not located in a heritage protection area.   This flawed 2002 application of  the “safety in numbers” concept to heritage determination overrode the January 2015 assessment (which in addition to many other factors), recommended protection due to it’s individual location (rarity) and took into account social and demographic changes that had occurred since 2002. “It’s a victim of it’s own rarity”
    • that the potential purchaser (Jewish Care) had acted in good faith and undertaken significant expenditure in identifying and negotiating the site for re-development as an Aged Care Facility. FYI – caveat emptor is not listed as either a planning or heritage consideration
    • an unsubstantiated determination of Net Community Benefit of 120 beds. With 120 beds equating Jewish Care’s assessment of site potential if Frogmore wasn’t retained.  Clearly, this net community benefit calculation ascribes a zero value to heritage.
    • the decision of Heritage Victoria not to award State Level Protection to Frogmore which was a decision based on an assessment at the broader State Level rather than smaller Municipal Level. Council’s use of the Heritage Victoria decision as a justification, ignores the fact that Heritage Protection, within Australia, provides for heritage recognition and protection at the Municipal Level. It also ignores the fact that Council’s commissioned 01/ 2015, Heritage Advisors Assessment was undertaken at the Municipal Level and recommends protection at that level

 “Frogmore is significant to the locality of Carnegie and Murrumbeena and City of Glen Eira and should be conserved as one of the cultural assets of the city   … Frogmore House should be included in the schedule to heritage over lay clause 43.01 by the Glen Eira Planning Scheme”.

  • a casting vote – in the absence of the Mayor (Magee) and declarations of conflicts of interest (arising since February, 2015) from the Deputy Mayor (Delahunty) and Cr. Esakoff, the immediate past Mayor Cr. Pilling took and chair and exercised his casting vote. (For Protection Crs. Sounness, Okotel, Lobo; Against Protection Crs. Pilling (2 votes), Hyams and Lipshutz)

CURRENT ISSUE

9/6/2015              Decision to abandon heritage protection

17/6/2015           Planning Permit Application for a 2 storey Aged Care Facility at 1 Wahgoo Road, Carnegie, lodged with Council for Council review.

21/7/2015            Frogmore House Demolished

13/9/2015            1 Wahgoo Road, Carnegie site aerial photo ex Nearmap

wahgoo spetember 2015

15/9/2015           Advertising period for Planning Permit Application commenced, ie. plans made available for residents review and possible objections.

Included in the permit documentation provided for residents review is a proposal for the removal of 88 trees – we’d appreciate readers assistance in finding them in the above 13/9/2015 aerial photograph.

To aid you below is a aerial picture of the site circa January, 2015.

Frogmore H&L

And a picture taken during the July 2015 demolition works

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29/9/2015           Advertising period completed. Objections received to be considered by Council in near future.

FROGMORE – GLEN EIRA’s SHAME

Words fail, the pictures can do the talking.

GONE FOREVER

Southwards View 016 T2

Northwards Views

The truck is where Frogmore Stood

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WAS FOR 135 YEARS

Frogmore in summer w T

 October, 2014

 

 

FROGMORE – Department of Planning Appeal

Demolition on Frogmore House itself has started – on the southern side of the house the verandah has been removed and trees are being sawn down.   On the northern side the 1960’s-1990’s extensions (of no heritage merit) are rapidly being demolished.

At the end of last week GERA spoke with an Advisor in the Department of Planning – it seems despite the our assertions (which are supported by presented documentation and the National Trust*) that Council’s 9/6/2015 decision was fundamentally flawed**,  the Department of Planning is reluctant to get involved in a decision that has already been made by another level of government.

Many of the Save Frogmore supporters are wondering why

  • ministerial approval is required for either a Municipal Planning Scheme and Planning Scheme amendments, and
  • a provision for a Ministerial Direction was included in the Planning and Environment Act 1987.

Please keep calling/emailing the Minister for Planning’s office so that our next posting is not entitled “Vale Frogmore”.  Your calls/emails are having an impact.

 Email:                    richard.wynne@parliament.vic.gov.au

 Telephone:         (03) 8392 6175

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Footnotes

National Trust Letter* (click to enlarge)NT Letter P1 TNT Letter P2 Fundamental Flaws**

  • Disregards accredited Independent Heritage Advice received in January, 2015
  • lacks adequate strategic justification, particularly with regards the determination of net community benefit
  • is inconsistent with the Glen Eira Planning Scheme (Heritage and Aged Care) and the 1987 Planning and Environment Act objectives of planning for Victoria
  • denies all stakeholders access to the appropriate due planning scheme amendment process,

 

 

 

 

 

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Fundamental Flaws*

  • Disregards accredited Independent Heritage Advice received in January, 2015
  • lacks adequate strategic justification, particularly with regards the determination of net community benefit
  • is inconsistent with the Glen Eira Planning Scheme (Heritage and Aged Care) and the 1987 Planning and Environment Act objectives of planning for Victoria
  • denies all stakeholders access to the appropriate due planning scheme amendment process,

 

 

FROGMORE – D-Day Countdown

Update – 1/7/2015 – Buildings included in yesterday’s first photo now rubble.

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It appears the Victorian Department of Planning is “caught up in red tape” and even though aware that demolition is imminent, has yet to review Glen Eira Council’s highly questionable decision to abandon heritage protection for Frogmore House.

 Frogmore Demolition Works – 30/6/2015

 Demolition works are currently concentrated on the 1960’s – 1990’s Aged Care Extensions which were superficially connected to Frogmore and were not to be included in the Heritage Overlay. (Frogmore’s iconic tower is visible in the background)

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 Surrounding residents’ report that Frogmore House currently remains externally intact, however, internally doors, stairs and various other fittings have been removed.  Their “D-day” estimate, based on progress to date, is that Frogmore may well be “gone” by the end of the week (at the latest early next week).

 Apparently, the slow pace of the Department of Planning is attributable to a need for a specific rationale for a State Government Department to get involved in a decision that has already been made by another level of government.

Of course GERA believes that Glen Eira’s decision to abandon the heritage protection doesn’t stand up to planning scrutiny. The arguments presented on this site have also been presented to the Minister (14/6), together with relevant documentation (ie. January, 2015 Council commissioned Heritage Advisor’s Report and Recommendation, Council’s 3/2/2015 rationale to protect and 9/6/2015 rationale not to protect) and approximately 350 signed form letters from the community. We are also aware of that a large number of our readers (both within the Glen Eira community and the broader community) have also contacted the Department of Planning in support of heritage protection for Frogmore.

Given the recently announced State Heritage Review, residents are now wondering why the Department is not making the review of Frogmore a priority.   After all in January, 2015 Frogmore was unequivocally recommended for Heritage Protection at the Local Level (historic significance, architectural merit, rarity and associations), yet in making it’s 9/6/2015 abandon decision Council ignored that expert report and reverted to Council’s 2003 dubious decision not to apply heritage protection as Frogmore was not located within an identified heritage area.  Frogmore hasn’t moved but heritage standards and social attitudes have.

We know it’s a repetitive ask but clearly the above photo’s show that this really is your last chance to save Frogmore.   Please contact the Planning Minister to lobby for urgent action.

 Contact details

Email:                    richard.wynne@parliament.vic.gov.au

Telephone:         (03) 8392 6175

Mail:                      Level 20, 1 Spring Street, Melbourne, VIC 3000

Twitter:                http://twitter.com/rwynnemp

 

To assist you, please feel free to cut and paste the following guideline

Hon. Richard Wynne, Minister for Planning

Request to review Glen Eira City Council Planning Scheme Amendments 136 (interim Protection) and C137 (Local Heritage Overlay) for 1 Wahgoo Road, Carnegie (a.k.a. Frogmore)

I request that you urgently act to re-instate interim protection for Frogmore while Department of Planning reviews the strategic justifications presented by Glen Eira City Council in support of it’s 9/6/2015 resolution to abandon heritage protection for 1 Wahgoo Road, Carnegie (a.k.a. Frogmore).

Glen Eira Council has not addressed key planning issues and disregarded accredited heritage advice. The end result being a resolution to withdraw/abandon planning scheme amendments C136 (interim protection) and C137 (heritage protection) that

  • denies all stakeholders access to the appropriate due planning scheme amendment process,
  • lacks adequate strategic justification, and
  • is inconsistent with the Glen Eira Planning Scheme and the 1987 Planning and Environment Act objectives of planning for Victoria

FROGMORE’S LAST GASP

Frogmore in summer w T

Frogmore – October, 2014

Less than 10 days after Council’s seriously flawed 9/6/2015 resolution to abandon local heritage protection for Frogmore its days are clearly numbered.

  • Vegetation has been cleared, fences erected and portable toilets installed.
  • Planning Permit (GE/PP-28101/2015) for “Redevelopment of existing site for a new residential aged care facility” has been lodged.

As per our previous posting, GERA has been lobbying, Richard Wynne, Minister for Planning, to act to re-instate interim protection for Frogmore, to enable his Department’s review of the strategic justifications presented by Council in support of it’s 9/6/2015 abandon heritage protection resolution.

Clearly, time is of the essence and we again urge the community to email or call the Minister to request him to act.

PLEASE EMAIL OR CALL NOW – otherwise, the next time you hear of Frogmore it will be in a demolition announcement.

Contact details

Email:                    richard.wynne@parliament.vic.gov.au

Telephone:         (03) 8392 6175

Mail:                      Level 20, 1 Spring Street, Melbourne, VIC 3000

Twitter:              http://twitter.com/rwynnemp

 To assist you, please feel free to use the following guideline

Hon. Richard Wynne, Minister for Planning

Request to review Glen Eira City Council Planning Scheme Amendments 136 (interim Protection) and C137 (Local Heritage Overlay) for 1 Wahgoo Road, Carnegie (a.k.a. Frogmore)

I request that you urgently act to re-instate interim protection for Frogmore while Department of Planning reviews the strategic justifications presented by Glen Eira City Council in support of it’s 9/6/2015 resolution to abandon heritage protection for 1 Wahgoo Road, Carnegie (a.k.a. Frogmore).

Glen Eira Council has not addressed key planning issues and disregarded accredited heritage advice. The end result being a resolution to withdraw/abandon planning scheme amendments C136 and C137 that

  • denies all stakeholders access to the appropriate due planning scheme amendment process,
  • lacks adequate strategic justification, and
  • inconsistent with the Glen Eira Planning Scheme and the 1987 Planning and Environment Act objectives of planning for Victoria