JOIN CAG

SmithStreet.org « CAG « Timeline « March 2005

2005-03-23

Community takes control of Smith Street planning at Yarra Council public meeting

At Yarra Council's public meeting on Smith Street's future development the community told Council to throw out its draft Urban Design Framework for the precinct and talk to the community first. Collingwood Action Group put a motion to reject Council's draft Framework and the process that produced it as 'severely flawed', and called for it to be rejected. CAG also proposed forming a Steering Committee with representation from Councillors, Council staff and community groups, to restart the process with 'real community consultation'. CAG's reps spoke to the motion by outlining the State Government planning context and Smith Street's designation as a 'Major Activity Centre', the process for structure planning for Major Activity Centres, Yarra Council's apparent failure to act on this since 2003, and CAG's proposed solution. Residents group Postcode 3068 supported the motion and proposed an amendment - expand the Steering Committee's membership from 5 to 9, to include representation from other local groups, traders on Smith Street and the National Trust. Although Yarra Council's consultant hired to facilitate the meeting tried quashing debate on the draft Urban Design Framework and limiting opportunities for questions, the packed meeting - estimated at 200 people - supported CAG putting the motion. CAG reps said the Council's draft Framework would allow precisely the type of massive development proposed by developers Banco for Smith Street. Councillor Steve Jolly spoke in favour of the motion. The meeting overwhelmingly passed the amended motion.

MOTION

CITY OF YARRA URBAN DESIGN FRAMEWORK PUBLIC MEETING WEDNESDAY 23 MARCH 2005 at 7 pm Collingwood Town Hall, 140 Hoddle Street, Abbotsford

On behalf of the Collingwood Action Group I move a motion that:

a) the City of Yarra's Draft Smith Street Mixed Use Precinct Urban Design Framework (February 2005) content and the process that produced it are severely flawed, should be acknowledged as such and be rejected.

b) real community consultation take place and the process be started again with the formation of a Steering Committee to lead this, composed of five members as follows:
- Councillors Jenny Farrar and Stephen Jolly
- A member of Council Staff
- A nominated representative of CAG
- A relevant expert agreed by the above members.

c) progress on the Steering Committee's formation be an agenda item of Council's Planning & Community Development Committee (PCDC) on Tuesday 5th April 2005 and that the PCDC monitor the Steering Committee's progress and support its work.

Moved: Cliodhna Rae, Collingwood Action Group Seconded: Sivy Orr, Collingwood Action Group

Amendment based on proposal by: Chris Goodman, Postcode 3068

That the Steering Committee's membership be increased to a maximum of 9 persons, adding one nominee each of the following:
* National Trust
* Postcode 3068
* Collingwood & Abbotsford Residents Association (CARA)
* Traders of Smith Street.

BACKGROUND TO THE CAG MOTION

State Government

October 2002, Melbourne 2030, the State Government's planning policy, was released, designating Smith Street a 'Major Activity Centre.'
December 2003, the Department of Sustainability and Environment (DSE) released guidelines for preparing Structure Plans for Activity Centres and invited Councils to apply for funding to work on Structure Plans. It appears Yarra did nothing.
September 2004, the then Minister for Planning, Mary Delahunty, announced that Councils could introduce interim planning controls over Activity Centres if they had got started on Structure Plans.

The process for structure planning

DSE guidelines say that structure planning should follow this logical sequence:

1. Get started by identifying the stakeholders and agreeing with the stakeholders on how the process will proceed from here on.
2. Prepare an analysis of the Activity Centre.
3. Agree with stakeholders on the objectives for the centre which are to guide the structure plan.
4. Develop options for achieving the objectives, and evaluate them.
5. Agree with stakeholders on the preferred option.
6. Implement the preferred option, including any necessary amendments to the planning scheme.

What Yarra Council has done

Late 2004, after 2 years' inaction, Yarra appointed its 'principal urban designer' and a firm of architects to prepare an 'urban design framework', not a structure plan. They prepared the draft framework in-house, apparently without either consulting anyone or following the steps set out in the DSE guidelines.

The community has not been given a say about either the process being followed, or the objectives for the centre, in direct contravention of DSE guidelines. Instead, the community is being asked to respond to an incomprehensible document prepared by architects and setting out their own views about how Smith Street should develop. Yarra says it has started at 'step two', but its analysis is based on dated material.

The solution?

What is needed is something that enables the community and councillors have a say in the process, while having access to relevant expertise as needed, in areas such as heritage, planning, and process. We propose the formation of a Steering Committee, possibly modelled on the one that ran the process over the Abbotsford Convent site. It needs to be small to help efficient decision-making, and to represent the public, councillors and staff. The Steering Committee's:

- Role will be to develop and run an appropriate consultation process and ensure it is done properly.
- Membership is not meant to be representative of stakeholders - it can form sub-groups of specialists in areas as needed.
- Reporting line is Council's Planning and Development Committee so it is accountable to Council.

Epetition to Minister for Planning
(copy to Mayor, Ward Councillors, Wynne)

2005-03-30

Banco appeals against Council's decision to VCAT!

Developer Banco appeals to VCAT against Yarra Council's refusal of their planning application for the proposed massive development at 132-172 Smith Street and 63-71 Little Oxford Street, Collingwood. CAG undertakes to post an update on its website in the next few days explaining what Banco's appeal means for the community, what could happen next, how the Minister for Planning can intervene, and details of Yarra Council's promised public meeting on Banco's appeal. Yarra Council provides CAG the following communication to its Councillors. Also see Yarra Council's website for information (www.yarracity.vic.gov.au).

Dear Councillors
Yarra Council received notification from the Victorian Civil and Administrative Tribunal (VCAT) yesterday, that an appeal against Council's Refusal [Planning Application PL03/1407 for 132-172 Smith and 63-71 Little Oxford Streets) has been lodged by the applicant [Banco]. The applicant is required to notify all objectors that an appeal has been lodged and serve them with the relevant forms (outlining process if they wish to be party to the appeal). As you will remember, Council has written to the Minster for Planning [Rob Hulls] requesting the matter be called in and referred to the Priority Development Panel (PDP) if an appeal was lodged as it has been. At this stage we have not received a response from the Minister so the matter may be heard at either VCAT or the Priority Development Panel. We have informally advised the Minister's office that an appeal has been lodged.

With an application of this size (land size, cost and number of objectors) a directions hearing is likely to be held by VCAT or the Priority Development Pane typically in this forum discussion regarding length of the hearing, expert witnesses to be called will be had and in most cases the applicant will identify if they will or will not substitute plans. In addition, as there are a large number of objections (and potentially a large number of parties to the appeal) discussion will be had regarding who will be served copies of the plans and any evidence. If substituted plans are served, Council is required to make them publicly available for viewing.

Officers are required to respond to the substituted plans and represent Council's interest at the Tribunal/PDP, In accordance with Council's refusal.

As agreed, a public meeting will be organised to explain to the community what the process of VCAT/PDP will be. We propose that the meeting is held after the Directions Hearing so that we can ensure community feed back is related directly to the plans to be considered by VCAT/PDP.

2005-03-31

CAG emails Yarra Councillors the resolution overwhelmingly passed at Council's public meeting on 23 March 2005

Dear all
We are writing further to the City of Yarra's public meeting held last week on the draft Smith Street Precinct Urban Design Framework and Banco's proposed development for Smith Street (PL03/1407). For your information please find below the motion that was overwhelmingly passed in an amended form. We are currently working with Councillors Farrar and Jolly to establish the Steering Committee and hold its first meeting next week.

[Motion and ammendments attached]

2005-03-31

CAG seeks correction from Melbourne Times

CAG writes to Melbourne Times' editor Ken Linnett re inaccurate reports about the outcomes of Yarra's public meeting (Melbourne Times edition 30 March 2005) and requests a public correction in the next edition.

Thursday 31 March 2005
Mr Ken Linnett
Editor
Melbourne Times
letters@metmedia.com.au

Dear Mr Linnett
As discussed, Collingwood Action Group requests corrections to inaccuracies in Michelle Draper's Melbourne Times' articles (pages 5 & 10, 30 March 2005) re Yarra Council's public meeting on Smith Street planning:

- Council bound CAG to secrecy during meetings with Banco (in 2004) and not regarding the draft Smith Street Urban Design Framework's delivery. I stated CAG was promised the draft 2 weeks prior to the public meeting - it was delivered 24 hours before.
- CAG's public meeting motion to reject the draft framework was not dropped and in fact was passed in its entirety. The only amendment was to increase the Steering Committee from 5 to 9.
- CAG's motion was passed with a huge majority and did not divide community groups. One member of Fitzroy Residents Association voted against, others present voted for.
- CAG already works with a number of other groups within Yarra.

Rejecting the document does not mean scrapping it! This is an important issue for Yarra and incorrect reporting can cause anxiety and misunderstanding. We would appreciate a correction in the next edition.

Cliodhna Rae
Spokesperson
Collingwood Action Group

2005-03-31

Councillor Farrar responds to CAG re acting on public resolution at Yarra's public meeting, advises 'decisions will not be made of behalf of Council without adhering to due process'

Dear All

Firstly I hope you all had a relaxing Easter break and enjoyed the good weather. In relation to the outcomes of the meeting last week a Report will be going to Council next week regarding this matter. As soon it is available it will be placed on the web. I will endeavour to have it emailed to the community groups who attended the information session. I also note that decisions will not be made on behalf of Council without adhering to due process. I encourage people to attend Council next Tuesday evening and give submissions on the issue.

Kind Regards,
Jenny, Councillor Jenny Farrar, Langridge Ward Councillor
Chair of Planning and Community Development, City of Yarra
"Working for OUR Community"

2005-03-31

CAG seeks urgent meeting with local member Wynne

CAG contacts local State Member for Richmond, Richard Wynne, requesting an urgent meeting to discuss Banco's appeal to VCAT. CAG also seeks information on Priority Development Panels and asks Wynne to broker a meeting with Minister for Planning Rob Hulls about 'calling in' the Banco application and allowing the community adequate time to develop an Urban Design Framework for the Smith Street precinct.