Tag Archives: housing diversity

BENTLEIGH ACTIVITY CENTRE – ENOUGH IS ENOUGH (PART 2)

Bentleigh Urban Village

Following on from our last posting, the residents objecting to the multi unit developments in Mavho and Loranne Streets, Bentleigh have forwarded to us the below advice of dates for the Mavho Street Planning Permit application, ie.
• Planning Conference – 8th September, 2014
• Formal Council Decision Date – 14th October, 2014

We encourage residents residing in and around the 2013 implemented high density zones (ie. the former Housing Diversity Areas) to attend both the planning conference and Council Meeting to gain an understanding of the grounds for objection applicable to these zones and Council’s planning permit and objection handling processes.

The 2013 “new” zone implementation built on the concept of focussing development in locations designated as high density areas under the previous Housing Diversity/Minimal Change Areas policies (implemented in 2002). Unfortunately, while the new zones streamlined the planning permit approval process by prescribing height limits within the zones, the much heralded “certainty” provided by prescribed height limits also removed building heights from being a ground for objection if the development’s height (which excludes roof infrastructure, eg. lift wells, air conditioning units) complied with the prescribed height limit.   Residents can still object to a planning permit application on the a number of grounds (eg site coverage, prescribed setbacks, neighbourhood character, provision of private open space, and many other grounds), however, height is no longer a valid ground for objection.

The number of emails GERA is receiving from residents of the high density zones, supports our previous criticism of Council’s implementation of the new zones – “the biggest planning change in Glen Eira’s history” – which was undertaken without actively informing and/or engaging residents.  A major justification for this being residents’ extensive knowledge of the previously existing Housing Diversity/Minimal Change Areas – a justification which many residents dispute.

We encourage residents to check which zoning applies to their property. Zone boundaries do not follow standard mapping conventions (eg. one side of a street may be high density but the other side may not, or, within the same street, No. 42 may be high density but No. 44 may not) and distances away from the centre of the high density area vary.   GERA’s 11/2013 new zone posting “Where and What Are They” provides a brief outline of the “new” zones and access to zoning maps (“zoom down” for details on a lot by lot basis) which can be accessed from the Department of Planning or GERA’s website*. Residents should also confirm their property’s zoning with Council.

*As per our previous disclaimer,
The DPCD website may be slow in downloading the maps.  Maps GERA downloaded 16/9/2013 are available and should be not be taken as current. GERA is not responsible for any map modifications since 16/9/2013.

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Except for GERA highlighting the comment that “it is unlikely the application can be completely rejected due to the Residential Growth Zoning” below is an unedited email received from the Defend Mavho Group. The group may be contacted via email – defendmavho@yahoo.com

URGENT objection update – Important dates 8 September 2014 and 14 October 2014‏

I have just received emailed advice from Council the Planning Conference for 24 – 26 Mavho Street will take place on 8 September 2014 at 6.30pm at the Glen Eira Council offices, corner Glen Eira and Hawthorn Roads, Caulfield. Meetings are open to the public. The planning conference is chaired by a Councillor and provides the opportunity for applicants, objectors and residents to make submissions in respect to planning applications that have been referred to a Council meeting for a decision. The conference provides a public and open forum where discussion of the proposal can occur between the parties with a view to identifying affected resident concerns, possible means for addressing the concerns and opportunities to improve the proposal. All objectors will be notified in writing of the date, time and place.

Following the planning conference, the application will be referred to a Council meeting for a decision on 14 October 2014 at 7.30pm at Glen Eira Council offices, corner Glen Eira and Hawthorn Roads, Caulfield. Although the Council meeting is open to the public I do not believe there is an opportunity (subject to a ruling by the Mayor of the day) for the public to make submissions to the Councillors.

Please make a note of these dates in your diaries and attend and get your key objection points together to speak to at the Planning Conference. It is a very informal environment but controlled so everyone is heard.

In addition to the above, Councillor Oscar Lobo kindly attended Mavho Street on Sunday 24 August and walked the adjoining properties and our street. Councillor Lobo is a supporter of our objection grounds and he will assist us in advocating to the other Councillors to significantly reduce this inappropriate development. All Councillors are yet to receive their town planning and expert advice; however, it is unlikely the application can be completely rejected due to the Residential Growth Zoning.* So now is the time to get on the email and phone and lobby the Councillors especially our Tucker Ward members (Jamie Hyams, Oscar Lobo and Jim Magee) – we need a majority of 5/9 so get those phone lines burning – Councillor details below.

* GERA emphasis

Cr Jamie Hyams
Phone/fax: 9578 8314
Mobile: 0427 319 018
Email: jhyams@gleneira.vic.gov.au

Cr Oscar Lobo
Phone/fax: 9557 0108
Mobile: 0417 837 418
Email: olobo@gleneira.vic.gov.au

Cr Jim Magee
Phone/Fax: 9563 8360
Mobile: 0427 338 327
Email: jmagee@gleneira.vic.gov.au

Cr Margaret Esakoff
Phone/Fax: 9578 2877
Mobile: 0407 831 893
Email: mesakoff@gleneira.vic.gov.au

Cr Karina Okotel
Mobile: 0424 479 454
Email: kokotel@gleneira.vic.gov.au

Cr Neil Pilling (Mayor)
Phone: 9524 3225
Fax: 9524 3358
Mobile: 0428 310 919
Email: npilling@gleneira.vic.gov.au

Cr Michael Lipshutz (Deputy Mayor)
Phone/Fax: 9530 0438
Mobile: 0400 832 270
Email: mlipshutz@gleneira.vic.gov.au

Cr Mary Delahunty
Phone: 9523 9105
Mobile: 0427 970 879
Email: mdelahunty@gleneira.vic.gov.au

Cr Thomas Sounness
Mobile: 0428 596 951
Email: tsounness@gleneira.vic.gov.au

BENTLEIGH ACTIVITY CENTRE – ENOUGH IS ENOUGH

Recent media coverage has highlighted the impact that Glen Eira’s  2013 implementation of the “new” planning zones has had on residents, in particular residents of the former Housing Diversity Areas. Unfortunately, GERA’s earlier predictionthat the impact of the Zones implementation will be felt far quicker than the impact of 2002 Minimal Change/Housing Diversity change was” is occurring much more rapidly than even we envisioned.

One year on, residents of the former Housing Diversity Areas are experiencing an increase in high rise, multi-unit development planning applications (with waivered parking requirements) and significant traffic and parking issues. Some residents are opting to sell (either singly or collectively) and relocate while others are choosing to remain.

One group of remaining residents has forwarded to us, the below unedited posting outlining the changes occurring in two streets (Mavho and Loranne Streets) within the Bentleigh Urban Village.  It raises issues that need to be addressed at both a State Government (provision of sustainable public transport) and Council (provision of traffic and parking management) level.

The group may be contacted via email – defendmavho@yahoo.com

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ENOUGH IS ENOUGH

The residents of Mavho Street and the adjoining Bentleigh area have had enough. A greedy development proposal for 24 – 26 Mavho Street could be the third dense unit dwelling development potentially adding 28 units to the street. To put our outrage in to context readers need to be aware that Council has already approved planning permits for no. 32 (10 dwellings 3 storey) and 39 and 41 Mavho St (27 dwellings 3 storey) with reductions in visitor parking. To add more insult there is also a proposal in at 29 – 33 Loranne Street (27 dwellings 4 storey).

We ask Glen Eira Council and the State Government pay due respect to our neighbourhood and the rates and tax payers and that developers be made to construct appropriate and responsible dwellings. We understand the concept of the Urban Village but the proposal for 24 – 26 Mavho will create a situation where living is becoming denser, not transition, as you come further south from Centre Road. The 24 – 26 Mavho Street plans are for a 4 storey apartment block (the approved permits, which are closer to Centre Road, are only for 3 storeys).

Despite the sheer bulk of these dwellings and their impact on the amenity of the area we have grave car parking and traffic concerns. Those who live in the area are already feeling the strain of having to navigate parked cars and traffic, whether you are in a vehicle, on a bike or a pedestrian. We are even starting to hear stories of how ambulances cannot park to gain access to patients! Despite residents ‘real life’ experiences the expert traffic reports submitted with the planning applications continue to take and report inappropriate car parking samples which Council accept. Meanwhile those of us that actually live in the area and use the roads and footpaths are feeling the traffic and parking pinch.

The proposed underground car parking to these new apartment dwellings only take the cars off the street for a limited time, we still have ingress, egress, give way issues especially as we get closer to Centre Road. This is then impacting onto Brewer Road and surrounding streets and arterials.

These apartments are also going to put a significant load on infrastructure and services. Our street sweeper cannot perform its job and the build up of rubbish could lead to rodent infestation issues which could affect not just residents but our cafe/food operators which we love and enjoy in Bentleigh.

Adjoining owners to these developments are going to lose privacy due to inadequate setbacks. No matter what sort of ‘window treatments’ you use to create privacy people need to be able to look out of their windows so this will affect the enjoyment of both old and new residents to our area. Worse still these developers often do not even live in Glen Eira. They come into our neighbourhood, dig it up, build inappropriate structures and do not have to live next door to what is left behind.

What has happened to the dual occupancy townhouses which are much more in keeping with our demographics?

Please help us defend Mavho Street – if you don’t these types of developments are going to end up next to your home.

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Bentleigh Urban Village

Bentleigh Urban Village

PLANNING SCHEME AMENDMENTS – MORE HIGH DENSITY

Planning Scheme Amendment C80 – 1232-1258 Glen Huntly Road

Planning Scheme Amendment C78 – 791-793 Warrigal Road, Bentleigh East

Planning Scheme Amendment C98 – 1B – 1C Tovan Akas Avenue, Bentleigh

Over the past few months Council has approved three planning scheme amendments to be submitted for Ministerial Approval to prepare and exhibit.  All three instances relate to re-zoning of land and will result in dramatically intensified developments.    While residents will have an opportunity to lodge submissions/objections to the developments when exhibition occurs (presumably with the next few months), GERA is highlighting these amendments now to ensure that local residents are aware of the significance of these proposals and have ample opportunity to prepare any individual or joint submissions/objections they may wish to make.  In each case there is scant mention of the impact on residential amenity (ie traffic, parking, open space, over shadowing or overlooking) its just full steam ahead

The following is a summary of the Amendments ex the relevant Council Meeting Minutes.  Details of the Planning Scheme Amendment Process+ are included in the footnotes.

Planning Scheme Amendment C80 – 1232-1258 Glen Huntly Road (Council Meeting Minutes, 1st May, 2012 – section 9.2)

 1232 -1258 Glen Huntly Road

  •  Recommendation – That Council seeks authorisation from the Minister for Planning to prepare and exhibit the combined Planning Scheme Amendment (C80) and Planning Permit Application (GE/PP-24474/2012).
  • The Amendment proposes to:

 Rezone the land at 1232-1258 Glen Huntly Road from an Industrial 3 Zone (IN3Z) to a Business 2 Zone (B2Z);

 Rezone the land at 122 Grange Road from a Residential 1 Zone (R1Z) to a Business 2 Zone (B2Z); and

 Apply an Environmental Audit Overlay (EAO)* over all of the land.

 Note:  A Business 2 Zone (B2Z) promotes a range of office, commercial and residential uses.  Rezoning applies to the site bordered in red in the above picture.

  • The development application, at 1242-1248 Glen Huntly Road (marked in yellow in the above picture), proposes to:

 Construct a building up to 5 storeys containing 62 dwellings and 2 offices (within a Special Building Overlay**); and

 Reduce the standard car parking requirements for dwellings and office.

 The subject land is located within Council’s Housing Diversity Area, known as Glen Huntly Neighbourhood Centre.

The car parking rates deemed as adequately catering for office staff, residents and residential visitors for the development are

  • not less than one (1) car space per one or two bedroom dwelling;
  • not less than two (2) car spaces per three (3) or more bedroom dwelling;
  • not less than fourteen (14) car spaces for the office use (allocated at a rate of 3 spaces per 100m2 in floor area); and
  • not less than six (6) residential visitor car spaces.

As the land is subject to flooding a Special Building Overlay (SBO), the proposed development will also require the approval of Melbourne Water.

Planning Scheme Amendment C78 – 791-793 Warrigal Road, Bentleigh East  (Council Meeting Minutes, 12th June, 2012 – section 9.3)

791-793 Warrigal Road

  • Recommendation – Rezone the subject land from Residential 1 Zone to a Business 1 Zone (B1Z).

The B1Z aims to “encourage the intensive development of business centres for retailing and other complimentary commercial, entertainment and community uses”.

Note:  GERA’s emphasis on “intensive”

  • Proposal – That Council seeks authorisation from the Minister for Planning to prepare and exhibit Amendment C78.

This rezoning will extend the existing local activity centre at the intersection of North and Warrigal Roads.  This site forms part of the larger activity centre that is located in Glen Eira and Monash municipalities.

The proximity of this site to such a wide and busy road intersection is not conducive to development normally allowed in a Residential 1 Zone (ie. of a single dwelling or dual occupancy), as this type of development would be severely affected by noise, vibration and fumes. Whilst there is no specific proposal at this stage, rezoning of this land could potentially allow for a mixed use development including shop or office at ground level with residential apartments above (subject to approval from Council).  Any such proposal would need to go through the normal process to gain a permit.

This rezoning involves only one property. The proposed small increase in potential retail/commercial floor area will have negligible effect on the adjacent local centre and any surrounding centres.  No mention is made of impact on adjacent residential areas.

Planning Scheme Amendment C98 – 1B – 1C Tovan Akas Avenue, Bentleigh (Council Meeting Minutes 12th June, 2012 – section 9.4)

1B-1C Tovan Akas Avenue

  • Recommendation – That Council:

 seeks authorisation to prepare and exhibit Planning Scheme Amendment C98;

 seeks a pre-set hearing date for the consideration of submissions at a Panel hearing. 

Note:  The proponent/applicant has requested the pre-set panel hearing date as they are entitled to do.  Generally speaking this is a time saving mechanism when a development is likely to be contentious – the hearing date is set prior to the close of the objection period rather than waiting until all objections have been received and reviewed.

  • Proposal – The amendment proposes to change the Glen Eira Planning Scheme by:

 Rezoning the land from Industrial 3 to Residential 1 Zone.

 Applying a Design and Development Overlay*** on the land, and inserting a new Schedule to the Overlay (DDO2).

 Amend the planning scheme such that all the normal ResCode provisions do not apply; and

 Apply an Environmental Audit Overlay (EAO)* to the land.

 Currently the 5438 square metre site is used for industrial purposes, as a plumbing supplies outlet. The rezoning will enable the land to be developed for a multi-residential development which is prohibited under the current Industrial 3 Zone.

Given the size of the site and that the Planning Scheme provides “in extraordinary circumstances, specific controls designed to achieve a particular land use or development outcome” that the site may be developed

  • With a higher development yield than would normally apply in minimal change areas.
  • Incorporating a range of multi unit developments.
  • With a DDO (which sets the broad parameters, eg building height and siting) for a higher density residential development so it that fits in with the area (ie prevailing streetscape, scale, etc.)

The precise details of the development are not known at this stage. However, broad controls are being put in place which will need to be met.   Interestingly, as with the Clover Development in Bentleigh East, the broad controls which are being put in place have yet to be discussed with or submitted to residents.  And residents rights may be curtailed.

Further similarities with the Clover Development are potential site contamination and the combined Planning Scheme Amendment and Planning Permit and the application of an unconsulted DDO.

As mentioned in our introduction, residents will have an opportunity to lodge submissions/objections to the developments when exhibition occurs (presumably with the next 4-6 months), however, GERA is highlighting these amendments now to ensure that local residents are aware of the significance of these proposals and have ample opportunity to prepare any individual or joint submissions/objections they may wish to make.  GERA will supply what ever assistance it can to individuals or groups objecting to these proposals which will adversely affect residential amenity.

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Footnotes

Council is currently updating it’s website – at the time of making this posting the links provided to Council website worked.  However, as Council continues to update it’s website the links may not function in future.  GERA will try to keep the links functional.

Planning Scheme Amendment Process

The Minister for Planning must firstly authorise preparation of the amendment before exhibition can occur. Following this, notice (exhibition) of the amendment will commence, inviting public submissions/objections.

  •  If there are no submissions/objections Council can ‘adopt’ or ‘abandon’ the amendment and forward it to the Minister for certification or approval.
  • If there are submission/s opposed to the amendment, the Council has three options:

 abandon the amendment;

 change the amendment in accordance with the submitter’s request; or

 request the Minister to appoint an Independent Panel to hear the submissions.

 If a Panel is appointed, submissions/objections are heard and the panel reports its findings in the form of a recommendation to Council.

Council then considers the panel report and makes its own decision. Council is not bound by the panel’s findings.  If Council adopts the amendment, it is then referred to the Minister for Planning for approval or certification (and subsequent approval by Council upon receipt of certification from Department of Community Planning and Development).

* Environmental Audit Overlay (EAO) – will be applied to industrial land subject to rezoning to a more sensitive use (eg. residential).  This is standard (automatic). The EAO ensures the land is cleaned to the standards considered acceptable by the Environment Protection Agency).

** Special Building Overlay – this overlay identifies land in urban areas liable to inundation by overland flows from the urban drainage system.  The overlay’s intention is to ensure that the development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity.

*** Design and Development Overlay – The purpose of the DDO is to identify areas which are affected by specific requirements relating to the design and built form of new developments.  In the Glen Eira context, it may also protect the streetscape by prescribing consideration of front and/or side fencing.