Malvern East Group

SUBMISSION…..MELBOURNE’S FUTURE PLANNING FRAMEWORK REVIEW

MEG is grateful to have heard of this review from Clifford Hayes (MLC Southern Metropolitan Region and we are surprised that DELWP didn’t send notice of the Review directly to us. We are also grateful to Mary Drost, Convenor of Planning Backlash. Mary forwarded this to all the residents’ groups in the network.

In our opinion this document should be called “just more of the same” rather than a “review.”

State Government Planning Reforms

We did not notice a reference to the recent ‘reforms’ to Planning made by State Government in this document….the reforms to which there was no community consultation, indeed not even consultation with local councils. Certain members of staff were consulted and had to sign confidentiality agreements.’ Surely these so-called reforms form part of the planning framework in which they are to operate and yet DELWP does not even mention that the ‘reforms’ give the Minister “unprecedented’ power and seem to be aimed at providing CERTAINTY for developers so WHY are these new powers not mentioned in a “Planning Framework Review.?’

There was no ‘engagement with the community’ over these outrageous invasions of our rights.

Regionalisation…..formerly known as ‘decentralisation.’

For some years MEG has promoted the notion of ‘decentralising’ the State’s population.

Strategically directed, incentive driven decentralization has been our mantra. This does not mean just nominating towns such as Geelong, Ballarat or Bendigo and having more transport between each of these centres to Melbourne. Doing this leaves Melbourne as the centre to which endless attention is paid. It means have a transport system that crisscrosses the State.

Big infrastructure plans should not just concentrate on what is proposed for Melbourne…such as that tunnel that has ground to a halt, a network of roads for Melbourne that, so far, has resulted in the destruction of so much green space, so many canopy trees that clean the air we breathe with the obvious effect of being a detriment to health. Combined with Local Councils’ efforts to FILL open space with STUFF this is a negative use of the ‘tax dollar.’

Big infrastructure plans should focus on building rail lines across the State linking regional centres with each other as well as with Melbourne, building tram lines in the regional cities, linking the regional cities with airports. This sort of thing is what regionalization is all about. If State Government made a real effort to be a government for the STATE and not just for Melbourne we could begin to see some hope of this city surviving.

Encouragement should be given to establishing manufacturing industries both in the regions and in Melbourne so that Victoria could become a centre for all of those things that are at present made in certain Asian countries.
Encouragement should be given to wealth accelerators. We cite the instance of the small company in W.A. that is experimenting with the notion of removing carbon from coal. The idea of offering incentives for manufacturing activities should be both city-based and region-based.

Environmental Issues.

We should mention first that the Green Wedges do not have sufficient protection and this is a matter that State Government should deal with immediately.

No planning scheme (or ‘framework’) can continue to promote the wanton destruction of thousands of trees and fob off the protesters with that old perennial….”we will plant double the number of saplings.” All forms of Government say this forgetting just for the moment the number of YEARS it takes for a tree to develop a canopy that will start absorbing pollution, provide shade, counter the ‘heat island’ effect. Stonnington Council is as guilty of doing this as is State Government.

The push by Government for dense high-rise developments is a deliberate act of vandalism which is whimsically called ‘progress.’

We can find no mention of ‘ventilation’ in any of DELWP’s document and surely this matter must be dealt with in the light of our experience with COVID.

We can find no mention of the ‘flammable cladding’ scandal in the Review of the framework for “Plan Melbourne 2050.” Another issue that does not rate a mention.

With Melbourne’s population slowly decreasing due to COVID and more and more workers opting to ‘work from home’ now is the time to encourage a decrease in numbers for the city rather than putting forward a framework to handle an increase. State Government should grasp this opportunity and set out for the State a framework of development with environmentally sustainable objectives rather than spending an enormous amount of time and effort on producing yet another lengthy document filled with what has become known as ‘weasel words.’

In the category of ‘weasel words’ come such terms as……..
‘engagement with the community’… emerging character…. making Melbourne marvellous….. integrated transport…,,.liveability…..,,sustainability & resilience.

We have heard them all SO OFTEN…. We have even been guilty of using one or two of them at times.

State Government Departments such as DELWP could lead the way by using a new vocabulary as it develops new ways of developing the STATE instead of just more of the same only FASTER.

The Zones

Initially the ‘zones’ provided the community with a degree of certainty. With the present Minister’s constant ‘watering down’ of the requirements of the zones such certainty is gradually being whittled away.
In the original legislation regarding ‘zones’ there was one glaring omission. There was, and is, no grading of Commercial Zones. It is all Commercial 1. A Small Neighbourhood Activity Centre can have the same level of development that is allowable in a Principal Activity Centre. This results in far too many anomalies and has resulted in
gross invasions of residential amenity in NRZ and heritage areas. This matter should be addressed.

Let us finish with an apt headline from The Age on October 12.2021
City’s new design mantra: Cut the ‘crap’

"The MEG Committee expresses its anger at the entire lack of contact between DELWP and residents’ groups such as ours. DELWP’s actions re the Discussion Paper seek to exclude residents from being informed of the proposed changes and from taking part in the decision-making process about the area in which we live." ..."VicSmart must not be broadened. It is quite clear that there is enough of the ‘fast tracking’ for so-called ‘simple’ planning applications. The Discussion Paper indicates that “the sky’s the limit.” When VicSmart was introduced the then Opposition (now the Government) vigorously opposed it saying that it really meant “the sky’s the limit” with regard to fast-tracking Planning Applications and this was to be deplored. The same Party (now in Government) has put aside such quibbles and enthusiastically adopted fast-tracking of applications and the Discussion Paper is mere tokenism."

Submission re …Reforming the Victorian Planning Provisions…November 2017

The MEG Committee expresses its anger at the entire lack of contact between DELWP and residents’ groups such as ours. DELWP’s actions re the Discussion Paper seek to exclude residents from being informed of the proposed changes and from taking part in the decision-making process about the area in which we live.

Community groups have been locked out of the entire Smart (so-called) Planning process and we are informed that this is because we (the people) are….

(1) incapable of understanding strategic planning
(2) likely to object initially to change and subsequently accept it…(as if there is ever a
choice!)
(3) further public consultation is unnecessary.

In other words, DEWLP and its Minister view the community with contempt!

MEG is left breathless at the sheer arrogance of this Government.

MEG has taken part in a number of Strategic Planning issues. We have attended Information Sessions and Consultation Sessions. We have lodged written submissions to Council and to Planning Panels Victoria re a number of Planning Scheme Amendments . We have made oral submissions to Panel on a number of occasions.

We have NEVER stopped our opposition to a particular Panel decision which allowed “no height limits” in one section of the area covered by Amendment C173 … a decision which has resulted in construction of an 18 storey development with 322 apartments bang up against single storey houses. The sheer ignorance and stupidity of that Panel decision makes us wonder if that particular Panel “was capable of understanding strategic planning.”

It would seem that “strategic planning” actually means State Government and those it employs “going where the dollars are.”

The Discussion Paper sets out to remove any impediments to the ambitious schemes of developers though considering the decision cited above we wonder if there has ever been any real Impediments. In Stonnington it has long been ‘development on developers’ terms.’

The Discussion Paper proposes ‘getting more development more easily.’ Given the evidence of our own eyes we wonder just how easy can it get? Clearly DELWP’s purpose is to achieve more and more development at the expense of all environmental and health issues.

The Discussion Paper suggests the ways and means to accelerate development.

(1) Broaden VicSmart
(2) Use Code Assess
(3) Removal of what developers call ‘barriers’ to their plans…(residents call
them’ safeguards’ though they do not save us from much.)

VicSmart must not be broadened. It is quite clear that there is enough of the ‘fast tracking’ for so-called ‘simple’ planning applications. The Discussion Paper indicates that “the sky’s the limit.” When VicSmart was introduced the then Opposition (now the Government) vigorously opposed it saying that it really meant “the sky’s the limit” with regard to fast-tracking Planning Applications and this was to be deplored. The same Party (now in Government) has put aside such quibbles and enthusiastically adopted fast-tracking of applications and the Discussion Paper is mere tokenism.

Some of the suggestions DELWP makes for expediting development are:-

…using the building code to assess an application instead of ResCode on lots between 300 &
500sq.m. (N.B. there are no amenity issues considered in the Building Code.)

Mixed Use Zones to have more commercial uses that do not need a Permit.

…more permit exemptions in Heritage Overlays for ‘minor’ works….whatever that means.

review the existence of Neighbour Character Overlays.

car parking….provide exemptions in selected zones

consider making all car parking applications exempt from notice requirements.

no environmental impacts to be considered.

The list is endless. “The sky’s the limit,” said the Government when in Opposition.

To introduce ‘Code Assess’ to the mix would sound the death knell for our suburbs as we know them. (Remember when Victoria was called ‘The Garden State?’) Please note that the correct term for ‘Code Assess’ is ‘Free Reign for Developers.’ Code Assess is a system in which the applicant assesses his/her application, ticks the boxes and pronounces “full steam ahead.” There is no resident input and residents’ groups such as MEG vigorously oppose it.

The Property Council is apparently delighted with the proposals from DELWP. We are told that such a system “will cut red tape and accelerate decision-making.” As they are well-represented on the Advisory Council (and residents’ groups are not represented at all) of course they are delighted with the fact that DELWP has done exactly what developers’ representatives advised …i.e. the impediments to development are to be removed. It follows that with this ‘top down implementation’ any consideration of residential amenity at local level is to be forever consigned to the archives.

The impact of the proposals on Councils will be significant. Stonnington’s entire Planning Scheme will have to be re-written just as a Review of the Planning Scheme has commenced. This will have to be restarted … and to what purpose? Whatever we want in our Planning Scheme will be over-ridden by the revised VPPS. As Local Policy cannot now contradict State Policy our Local Policy might as well not exist under proposals in the Discussion Paper so any re-writing or requests from Council for residents’ views will be mere tokenism.

There is, of course, no indication of additional resources from State Government for all the additional work. The ratepayers will be forced to pay even though we were not to be consulted by DELWP …. and we have to wonder if that was a Ministerial direction!

MEG is grateful for the ever-active grapevine in our network that permits us to discover at least SOME Government scheming.

The entire Discussion Paper is, in essence, a dismantling of all Planning Schemes in Victoria.
What is proposed under “Smart Planning” is neither ‘smart’ nor is it ‘planning.’

It proposes “getting more development more easily” and in doing so silencing the voice of residents while residents propose “getting planning in a regulated way.”

The residents’ way is “smart planning.” The Government’s way is a massive free kick to the development industry.

Ann Reid (MEG Convenor)
C/- 14 Chanak Street,
Malvern East Vic 3145
Phone/Fax 9572 3205
Email [email protected]
Web http://www.chezsamuel.com/meghome.php

As a residents’ group which deals with planning procedures, Malvern East Group (MEG) finds that VCAT fails its own mission statements of being a low cost, accessible, efficient and independent tribunal delivering high quality dispute resolution. The institution of draconian fees now dramatically highlights this disconnect.

February 3/2013
Submission to the VCAT Fee Review

From Malvern East Group to the Regulations Officer, Courts Policy. (See details at end of article)[1]
We quote from VCAT’s website….

“VCAT’s purpose is to provide Victorians with a low cost, accessible, efficient and independent tribunal delivering high quality dispute resolution.
We aim for service excellence by being cost effective, accessible, informal, timely, fair, impartial and consistent.”

As a residents’ group which deals with planning procedures, MEG has taken issue with these statements on a number of occasions…e.g. at the forums conducted by Justices Kevin Bell and Iain Ross, in our submissions re ‘transforming VCAT’ and at meetings with both the Attorney General Robert Clark and Planning Minister Matthew Guy. We have stated repeatedly that most of these aims are rarely, if ever, met.

If the Government allows the proposed fee increases it provides the Victorian community, which it purports to represent, with a final nail in the coffin of justice at VCAT.

The proposed increases constitute a financial barrier for residents and residents’ groups and are yet another barrier for them to negotiate in seeking some degree of fairness in the entire planning situation.

Every single thing in this process is against the residents

Every single thing in this process mitigates against the residents. They cannot match the money of developers nor the specific expertise of planners. They do not have the perceived ‘old boys’ network that seems to operate at VCAT hearings between developers, their ‘hired guns’ and VCAT Members so they are ‘behind the eight ball’ from the very beginning of an appeal because they can never match the expensive representation developers use as a matter of course. Local Policy on which residents tend to rely is swatted away by Tribunal Members who pay rapt attention to expert (so-called) witnesses who are PAID to give unsworn evidence which favours their employers. Why else would they be there?

Developers play games with citizens

At the core of the cost of administering VCAT is the endless games played by developers…e.g. the ambit claims, the amended plans, the employment of so many “hired guns” who take up endless amounts of time with statements that inevitably marvel at the sheer wonder of the plans before the Tribunal and the repeat applications and, inevitably, appeals for MORE than they got in the first decision. The money developers are allowed to spend in the “people’s” court is the major factor in making the entire planning appeals procedure so lengthy and expensive.

Legal representation needs to be downsized and equalised

The process we would like to see in planning disputes is that each party to the appeal either self-represents or employs one person only to persuade the Member that theirs is the point of view that complies with the objectives and standards of applicable Planning Schemes. Cases would be shorter, cheaper and justice would not only be done but it would be seen to be done in such a level playing field if this were to happen.

We have long despaired of VCAT ever introducing a system of independent expert witnesses and we now despair of VCAT ever providing ‘low cost’ dispute resolution if the proposed massive fee increases are allowed. Residents will be priced out of the planning dispute process. In most cases they are already ‘out-moneyed’ by applicants. With the suggested fee increases they won’t even be there. Residents’ perception of VCAT’s proposed fee increases is that it is a somewhat devious way of cutting down the waiting times for appeals to be heard.

We urge the Government to “fix” the Planning Appeals section of VCAT in the ways we have repeatedly suggested and not allow the proposed fee increases.

Ann Reid (MEG Convenor)

[1]The above submission was from the:

Malvern East Group
MEG Supports PLANNING BACKLASH
C/- 14 Chanak Street,
Malvern East Vic 3145
Phone/Fax 9572 3205
Email meg[AT]chezsamuel.com
Web http://www.chezsamuel.com/meghome.php

to the:

Regulations Officer, Courts Policy
Strategic Policy and Legislation
Department of Justice
GPO 4356
Melbourne 4356