Tag Archives: Calvary Healthcare

Below is an email received from the BHCA group, who mounted an extremely effective, community based campaign against the proposed re-development of the Calvary Healthcare Bethlehem Hospital site located in Kooyong Road,  South Caulfield.  During the course of their campaign, the original proposal for inclusion of a 19 storey tower was modified  to 10-11 stories.

As per the email, the just published VCAT decision has approved the modified proposal (ie. 10-11 stories) on the basis that “retirement villages are exempt from height limits”.   In this case, the surrounding residential areas is zoned  Neighbourhood Residential and has a 2 storey height limit.

As this VCAT decision  can be expected to have significant implications for future similar developments in Glen Eira and across Metro Melbourne,  it is disturbing to note the comment

“that had we relied solely on the promises of our elected councillors and allowed the Glen Eira City Council to prosecute our objections alone, it would have been a major folly”

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Hi All,

I am not usually in the habit of looking back, but as we have learned of VCAT’s decision, I remember that horrible sinking feeling that we all experienced when we learnt of Calvary’s proposed 19/20-storey tower.  While everyone recognised that the Bethlehem hospital site was ripe to be updated and improved, we all understood the deep impact that development on the scale proposed would have on the neighbourhood character and the direct effect on surrounding properties.

The community knew that this proposed development needed to be resisted.  It was with your support – moral, practical and financial, that we, as a community, forcefully expressed our objection in this administrative VCAT process against the high-powered team of barristers and experts engaged by Calvary.

The decision issued by VCAT has not stopped the redevelopment of the Bethlehem Hospital by Calvary.  It has, however, fundamentally reshaped it.  

VCAT has directed the Glen Eira City Council to issue a permit for the redevelopment of Bethlehem Hospital that is now 10/11 storeys.  The appearance of the buildings is more articulated with a finer grain exterior.  The retirement village, aged care and ancillary uses are now more evenly spread over the site.  The 90 place childcare centre has been abandoned.  The inadequacy of the car parking arrangements were acknowledged and the at-grade car park on the corner of Saturn Street and Kooyong Road reserved, as a condition of the permit, as a permanent carpark, serving to somewhat alleviate the pressure on the surrounding streets.

I hate to think what might have been the outcome of the VCAT process without the local community’s engagement of strong legal representation and expert witnesses.  Attending each day of the hearing demonstrated to me that this was the right approach and that our well-argued objection contributed to a revised development that is substantially reduced in scale.  It also confirmed to me that had we relied solely on the promises of our elected councillors and allowed the Glen Eira City Council to prosecute our objections alone, it would have been a major folly.

Significantly, and notwithstanding our expertly constructed legal arguments about the application of height limits on retirement villages, VCAT determined that retirement villages are exempt from height limits, setting a new legal precedent that I am sure will be adopted by other developers throughout the suburbs of Melbourne.  (Incidentally, it appears that VCAT’s decision has introduced an even bigger loophole to the planning regulations for applications made prior to the current act – time will tell what impact this has).

For those that wish to read the VCAT decision, it is attached.

As the spokesperson for the BHCA Group and the local community, and in what will be the last communication to the group, I would like to thank everyone for the energy, financial contributions and support to defend the character of our local streets and the amenity of our own properties.  I am firmly of the view that without it, we could not have achieved any amendment to the original scheme. 

Kind regards

on behalf of BHCAGroup Steering Group

Calvary Final VCAT Determination

GERA has just received the below email from the BHCA Group challenging Council’s proposed representation at next month’s VCAT Hearing.  The BHCA Group is the residents group opposing the proposed development of a high rise Retirement Village at Kooyong Road, Caulfield South – the development site is surrounded by the Neighbourhood Residential Zone with a 2 storey height.

“Previous statements from councillors and planning department representatives have offered confidence that the Development, as revised, would be strongly resisted and defended by council.  …. It is with alarm that BHCA Group has learned the City of Glen Eira is not appointing a barrister.  Nor is it presenting planning evidence, instead addressing matters by way of submission.”   

We agree with the BHCA Group that Council’s proposed submission falls short of past promises and we note that it is in line with residents’ long standing and increasingly vocal criticisms of the quality of Council representation at VCAT.

The Bethlehem Hospital Community Action Group can be contacted by email at bhcagroup@gmail.com

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Dear Cr Delahunty (Mayor), Cr Silver, Cr Sztrajt, Cr Esakoff, Cr Davey, Cr Athanasopoulos, Cr Hyams, Cr Magee and Cr Taylor

Re: Calvary Healthcare Bethlehem Hospital Application GE/PP-29481/2016

To date, the Bethlehem Hospital Community Action Group (BHCA Group) has been reassured that the council possesses a similar strength of objection to the Bethlehem Hospital Redevelopment (the Development) as the local, affected residents.

Previous statements from councillors and planning department representatives have offered confidence that the Development, as revised, would be strongly resisted and defended by council.  The draft permit conditions tabled by council at the VCAT compulsory conference and the early assurances that the City of Glen Eira would steadfastly defend the integrity of its planning scheme by appointing counsel and expertise provided affected residents with the impression that their elected representatives were listening and would act to oppose an irrevocable affront to the unique neighbourhood character.

Unfortunately, this confidence has been misplaced.

It is with alarm that BHCA Group has learned the City of Glen Eira is not appointing a barrister.  Nor is it presenting planning evidence, instead addressing matters by way of submission.  While this approach may be sufficient for the routine or typical VCAT planning or development related matters, for a VCAT determination, which goes to the heart of the integrity of City of Glen Eira planning scheme, it is not, sufficient or adequate.

The developers, Calvary Health Care, have engaged a high quality and experienced QC, instructed by legal, planning, urban design, traffic, landscape and related experts.  They all have a motivation to successfully argue that the planning scheme does not apply to the Development and hence, they can flout the planning regulations and destroy the neighbourhood character with impunity.

BHCA Group strongly believes that this VCAT hearing commencing on 20 November 2017 is a test case for the integrity of the planning scheme for developments of this type.  Issue of a permit, in the form proposed or substantially similar would represent a highly undesirable precedent that will propagate throughout the City of Glen Eira and other regions.

BHCA Group, with the full appreciation of the distinction between the arguments and representations of local residents and those of the City of Glen Eira, recognises that it must advocate on behalf of affected local residents.  BHCA Group has obtained funding from local residents to engage its own barristers, planning and other experts to argue its case.  BHCA Group reasonably expected that its efforts would complement those of the City of Glen Eira’s.

We therefore call upon the council, representing the residents of the City of Glen Eira, to move a motion to instruct the planning department and its legal counsel to appoint a senior barrister with suitable planning experience, planning expertise, whether it be from within the City of Glen Eira’s planning department or externally appointed, to complement and coordinate the urban design and parking experts that are currently contemplated.

As has been previously communicated, BHCA Group remains committed to work with the City of Glen Eira to coordinate our defence and objection to this inappropriate and objectionable Development. 

Kelvin Cope

on behalf of

BHCAGroup

Earlier this month, GERA received advice from the BHCA Group that, barring exemptions and time waivers, the 60 day window for Calvary Healthcare to lodge a VCAT Appeal against Glen Eira Council’s refusal of a proposed 19 storey Health Care and Retirement Village in a Caulfield South Neighbourhood Residential Zone (2 storey height limit) had lapsed.

This advice included a comment that the Group “has contacted Calvary Healthcare with a view to moving forward in a consultative manner, should they choose.  From the outset we have indicated our desire to support an appropriate and sensitive re-development and would welcome any genuine community consultation.”

Unfortunately today, despite the BHCA Group’s wish for genuine community consultation re  sensitive redevelopment, GERA received another advice

• Calvary Healthcare has lodged an appeal with VCAT and
• Glen Eira Council and David Southwick (MLA, Caulfield) have both asked the Planning Minister to call in the application.

Details of the advised VCAT hearing dates are included in today’s advice (see below – click to enlarge) and GERA joins the BHCA Group in encouraging residents to register their objection/s with VCAT.

UPDATE – 26/01/2017

The BHCA Group has advised that the glitch, first reported on 9/1/2017, in Council’s system that records email objections has yet to be fixed and not all email objections have been,  or are being, recorded correctly in Council’s system.

As a result some residents who have lodged, or are currently lodging, objections to the 19 storey development in Kooyong Road, are not being notified of the Glen Eira Planning Conference to be held on Thursday, 2/2/2017 at 6.30 p.m. at the GE Town Hall.

As per the below posting, any resident who has lodged an email objection with Council to this, or any other, development proposal should verify that they have received an auto reply to their objection.  If an auto reply has not been received, please re-submit your objection.

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ORIGINAL POSTING  – 16/1/2017

GERA has recently received the below email from the BHCA Group who are opposing the proposed Bethlehem Hospital 19 Story development in Kooyong Road, Caulfield South.

The email is important and self explanatory – residents who have submitted objections to Council via email for this, or any other,  development or planning scheme amendment should be aware of this “glitch”.   Residents who have not received an auto reply to an emailed objection should re-submit that objection.

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IMPORTANT ~ COUNCIL STUFF-UP WITH OBJECTION EMAILS

COUNCIL EMAIL SYSTEM HAS A GLITCH

It has come to our attention that a number of your objection emails have not been registered with Glen Eira council due to an inexplainable glitch in their email system.  All objectors should have received an auto reply confirmation email from council.  

If you have not received your confirmation you are not in the system and will not be notified of the community consultation meeting with the applicant and council expected to be in early February.

If you have not received confirmation of your objection email please resend it and make sure you receive an auto reply confirmation email.  Don’t forget to copy bhcagroup@gmail.com

NOT TO LATE TO LODGE YOUR OBJECTION

Despite the council glitch outlined above, there has been an outstanding response from all of you.  We do notice however that the majority of registered objectors are naturally near the hospital or in nearby streets.

If you believe you won’t be affected because you don’t live that close, perhaps the attached winter shadow diagrams  may cause you to reconsider.  Winter shadows will cast to the other side of Nepean Highway in the morning and past the Brighton cemetery in the afternoon.  

THAT’S YOUR WINTER SUN ~ MORNING & AFTERNOON.

Understanding how far the proposed tower casts a shadow, then it follows that overlooking of backyards is not limited to just the adjoining properties but covers hundred of metres over many streets in all directions both day and night.

If that doesn’t capture your interest then recognise that the tower will turn into a illuminated beacon at night that will light up your backyards and dominate the night sky for kilometres in all directions.

If your happy with all of the above do nothing.  Alternatively this maybe your last chance to lodge you objection with council. Send your objection to mail@gleneira.vic.gov.au and bhcagroup@gmail.com 

Include the following information in your objection. 

 Re Notice of Planning Application 

Planning Permit Application No: GE/PP-29481/2016

Property: 472 & 476-482 Kooyong Road & 11 Saturn Street Caulfield South Vic 3162

 Include you name, address and grounds for objecting.