victorian / planningrevue / environmental / law / association / volume 100 March 2017 Contents

President 3 Planning Tribunals across the decades Part 1 30 Editorial Licence 4 Local Government Matters – Sack the council! 33 The Minister for Planning 6 Shadow Minister for Planning 7

Places Strategic Planning Melbourne v Sydney 9

The Fast Lane 41 – What is the St Kilda Road landscape worth?

Rory’s Rambles: Nurture kids with nature-based play 13

View aligning for photo montages 42 Creating communities 18 Delivering schools in the Growth Areas 22

Legal world 36

Co-working: What happens when the 15 People Prairie-Dogs abandon their cubicles? VPA Peter Seamer steps down 47

The Business VPELA new Board members 37 Planning in DELWP 2017 20 YPG Committee 2017 49 How to interpret a restrictive covenant 38 Seminars News from Planning Panels Victoria 24 Moot court 45 Tribunal talk 29 Interview with the Minister 46 Heritage fabricated Boroondara 39 YPG Development Series 48 – Am C22-9: a leap back?

Cover photo: Bayview Park, Villawood’s Alamanda Estate, Point Cook.

Newsletter editor: VPELA Bernard McNamara PO Box 1291 Camberwell 3124 M: 0418 326 447 www.vpela.org.au E: [email protected] E: [email protected] T: 9699 7025 T: 9813 2801

2 / VPELA Revue March 2017 The President Another busy year!

Tamara Brezzi President, VPELA

Welcome to the 100th volume of the VPELA Newsletter!

And, welcome to 2017! It’s difficult to believe that the first couple We were delighted to welcome the Minister to this event which of months of the year have passed so quickly. Things have been sold out 2 weeks in advance. The Minister and his government very busy at VPELA and there’s no doubt that there was no time are two years into a four-year term and it’s clear that 2017 is available this year to do all those jobs that are normally left for intended to be a year of announcements and implementation, January when things are supposedly a little more quiet. rather than a year of reviews. There’s been much industry debate in the last two years about housing affordability, better apartment Our events for the year kicked off with Summer Drinks kindly design standards, Plan Melbourne and it seems to me that the hosted by Cardno on their beautiful city terrace presenting a sector feels well and truly ready to move to the ‘how’ from the marvellous opportunity to catch up on everyone’s news and ‘why’ and the ‘what’ in order to make some real in-roads into the plans for the year ahead (see photos inside). policy delivery phase of these planning reforms.

As has become the tradition, our first Speaking of planning reform, VPELA seminar was an event with the Minister for was pleasantly surprised to discover that Planning. This year we adopted a different DELWP’s “Smart Planning” program is format from recent years and Tim Biles DELWP’s “Smart Planning” about so much more than bringing planning of Message Consultants and I conducted program is about so documentation into the computer age. With an on-stage interview with the Minister to much more than bringing much more to it than building IT capacity explore a little more about the Minister and planning documentation for planning schemes online, the Smart the life and professional experience that he into the computer age. Planning team has been established to do brings with him to the portfolio of planning. some big picture thinking about planning The Minister had announced only a few reform (and to do a few IT things along the way). Hopefully you’ve been able to secure days earlier that he intends to run again a ticket to our seminar held on 27 March to hear all about the for election in his inner-city seat of Richmond in November Smart Planning reform program. 2018. The Minister was candid in his replies to our questions, highlighting that his upbringing has left with him a strong We have many seminars and events planned for you throughout sense of social justice and an inherent desire to apply himself the course of the year including “VPELA Walks…” in which small to the task of improving the lives of Victorians, particularly groups will be invited on a guided walk to learn about urban disadvantaged Victorians. design delights and disasters in the CBD and our city’s rich indigenous history, and “VPELA Skills…” which will see a version The Minister noted that the biggest challenge faced by Victoria in of last year’s very successful VPELA Moots run in a new series his view is population growth. All of the planning and liveability throughout the year. consequences that flow from that give rise to the most difficult decisions that he is asked to make. Flagging the imminent Also of course keep an eye out for the VPELA Annual Dinner on release of the Victorian Housing Strategy and Plan Melbourne Friday 5 May 2017 and the VPELA Conference on 31 August and Refresh, the Minister’s passion for the delivery of housing that is 1 September 2017 to be held at San Remo with the theme “Are affordable, sustainable and meets the short and long term needs we there yet?” of all Victorians, was clear. If you’d like to get involved with VPELA this year, please get in On the topic of local government resourcing, the Minister touch with us by contacting one of the Board members, Jane empathised with parties on both sides of the planning process Power or me-we’d all be delighted to hear from you. fence, remarking that the pressures on local governments were extreme and that the consequences of delay on the parties Tamara Brezzi is President of VPELA seeking approvals were severe. He noted that the VPA will be and a Partner at Norton Rose Fulbright called upon by him more frequently in the future to assist in the resourcing dilemma by giving responsibility to the VPA to look after selected strategic redevelopment sites in both regional Victoria and metropolitan Melbourne.

VPELA Revue March 2017 / 3 Editorial licence

Bernard McNamara, Editor VPELA Revue

Welcome back to the frenetic year of 2017. Let’s start with a (sort implement the revised Plan Melbourne and other plans for the of) resolution. region. These are big jobs, with major coordination roles. And we learn in this issue how the VPA is re-thinking the planning ‘Planning is to contribute to the economic well-being of communities for schools, which is a major infrastructure challenge in the and the State as a whole by supporting and fostering economic new suburbs. growth and development by providing land, facilitating decisions, and resolving land use conflicts, so that each district may build on And speaking of the VPA, Peter Seamer has called time after 10 its strengths and achieve its economic potential.’ Cl.17 Economic years of leading the Authority through its genesis and change of Development, State section of every Planning Scheme. roles. (How may unused business cards from the previous brands Coming across this clause, (as one does in policy assembly), it must he have?) Peter has made a large and valuable contribution occurs to me that, as an industry, should we adopt the monastic to development in Victoria and will (we are told) move to a different approach of requiring these words to be chanted at dawn as part role for Government. There is much to do in a state experiencing of our daily rituals? Yes, it leaves out all the other ‘policies’; but high population growth with inadequate infrastructure. taken as a direction, it has much to recommend it. But wait there’s more! The Minister for Suburban Development Like many who (hopefully) read this, I am called into deal apparently has a coordinating role? And, there is a group in with minutiae situations which wouldn’t be given a moment’s DEDJTR called ‘Metropolitan Economic Development Victoria’ consideration in other parts of the globe. What would a Parking which also has a coordinating role? And while all this is being Management Plan in Rome look like, for example? I see so ‘coordinated’, the level crossing removals program, the often operating arrangements within the established city Melbourne Metro rail project, the Tullamarine widening and which are viewed as heretical by traffic engineers and others in planning for the Western Distributor are all going at warp speed. some suburban and greenfield areas. So, we are saddled with And then there is Infrastructure Victoria. (Keeping up?) prohibitions on sensible access and mandated design criteria that assumes an ‘instant’ completed village will appear. Let’s On a souring note, we are seeing the emergence of a frightened take a few breaths. I am not looking for a ‘Trump regulation roll- community, which will lead on to what might be various back’, just more balance; accepting that good places are more developmental or urban planning responses. Putting to one side often organic and ‘messy’. Let’s focus on the important stuff; not the level of violations, the growing perception in the community the small stuff. And the more I see; most of it is small. is that there is a wave of lawlessness, demonstrated through home intrusions, car thefts and dangerous driving by people with Let me swing over and highlight some of our excellent offerings no respect for law or society. The tensions within the community in this edition, big and small. Topping the bill, we reprise the have been highlighted in recent weeks by the State Government’s Melbourne V Sydney contest; this time, which has got the better snap decision (and the reaction) to build a new gaol for juvenile metropolitan plan? Liz Mackevecius of SGS takes us across the offenders. (Interesting discussion would be understanding where fundamentals, with much of the plans being drawn from the natural geography as maybe from the economic. At the other the line is between allowing community consultation/review on key end, architect and urban designer Dean Landy sets out the projects or not). As town planning students, we would study with building blocks for the successful ‘village’; in a summary of his some disdain, the development of gated communities in the US new book Creating Vibrant Communities. And I have given Rory and South Africa with secure entries and guards. The truth is more space in this edition to write about one of his passions: that we have plenty of them here, but most are vertical. As for the creation of adventurous and unstructured play areas, to the ‘burbs’, an architect that I work with has a role in approving establish active lifestyles. house designs and modifications to a large western suburbs estate. He is being inundated with applications to add security And hasn’t it been vibrant at the Victorian Government? As I doors etc. to house after house. What other response will the try to catch up with ‘who is doing what’, Planning Dep. Sec. development community conceive? And is this a direction that Christine Wyatt has written for us, setting out the Group’s core our communities are destined to go towards? This is big topic; responsibilities, key approaches, the partnerships, and the maybe one for the next issue if anyone has a contribution. new executive structure of the Planning Group within DELWP. Over the road, the Growth Areas Authority (Yes, its real name!) is Lastly, I want to thank Heidi Wilson for her long-standing close to getting genuinely re-badged as the Victorian Planning contribution in providing the series Under the Microscope Authority (VPA). The strategic role played by this authority (now to VPELA Revue. These articles, where Heidi, as the young a big one), and with new Chair (Jude Munro), sets the scene to professional, interviewed a successful, more senior person in

4 / VPELA Revue March 2017 our industry, provided career lessons and insights. Thanks Heidi, cut-through logic to any situation. In his professional roles and a well written series. I am pleased that Jenelle Cramer has in his strategic reports for governments, David has made great volunteered to take on this task. contributions. Thanks David..

May I add my condolences and reflections on the death of David And comments, contributions, criticisms… let me know. Whitney. David was a quiet, engaging, ‘giant’ of the planning Cheers. profession from whom I learnt much. From my junior planning years to the past decade where we were judges for the UDIA Bernard McNamara [email protected] awards, David was a thoughtful and innovative thinker; bringing

Vale – David Whitney OAM

It is with great sadness that I consider the passing of one of the truly great people in planning, David Whitney.

After a short illness, David passed away peacefully on Saturday morning, 11 March.

David was renowned for his integrity, passion, dedication and total commitment to planning in Victoria. He was a man whose honesty was always at the forefront of all that he did, whether it was through his planning practice at Perrott Lyon Mathieson (and its predecessors) and then Whitney Planning, his role as a Sessional Member at Planning Panels Victoria, his review work for the Victorian State Government for Melbourne 2030 and the series of ‘Whitney reports’, and the establishment and successful operation as general editor of the Victorian Planning Reports for 21 years.

David was involved in many organisations that promoted and and I still have a copy of the strategic planning review that advocated good town planning. He was a former President and we did in the mid 1980s where he hand drew that pump, and Life Fellow of the Victorian Chapter of PIA, and holds Lifetime recommended that Council profile it on all of its signage. It was Achievement Awards from PIA for both Victoria and Australia. one of the first examples of planning being used to successfully He was honoured with the Richard J Evans Award from VPELA in image an area. 2004. He was a Victorian judge for the UDIA Awardsof Excellence for seven years. David was a sought after speaker at many Sadly, David lost his wife Andrea in October last year and when conferences, forums and events where his honesty and integrity he was stricken with an illness from which he knew he would not always shone through. This, amongst many other achievements, recover, he said he was not dying of cancer, but from a broken culminated in David being awarded an Order of Australia Medal heart. He is now at peace and with his beloved Andrea. in 2013. David’s loss will be felt by many who have had the pleasure and David leaves behind an incredible legacy in planning, and the honour of working with him in his various roles, or who have planning legal professions. He was a much sought after expert crossed paths with him through planning and planning law. planning witness for 30 years, and indeed, he was the number one to go person for planning and compensation cases until he Personally, David was a great, great friend and mentor to me, chose to bow out of that part of practice. He could always be and I know to many others in our profession. He taught me a lot, relied upon for honest advice and he called it as he saw it, he was both professionally and personally. He was incredibly supportive the ultimate and pre-eminent independent expert witness. to me throughout my career and I humbly share the outpouring of grief that is being felt by his family (and especially his children, As a consultant, he truly understood the important and Michael, Andrew and Kathryn) his colleagues and his friends at constructive role of strategic planning, and there are many his untimely passing. excellent planning outcomes throughout Melbourne and Victoria Vale David, that have emerged because of his involvement. One of his personal favourite contributions is the water pump symbol that Kathy Mitchell, Chief Panel Member, Planning Panels Victoria, has become the emblem of Daylesford and Hepburn Springs, and Immediate Past President, VPELA

VPELA Revue March 2017 / 5 Minister Planning for growth by planning for people The Hon. Richard Wynne MP Victorian Minister for Planning

The Victorian Government is delivering on some game-changing We are also planning for growth in our regions with the move planning and building reforms to improve Victoria’s liveability from the Melbourne Planning Authority to the Victorian Planning over the long term, protect the things we love about our cities Authority, which will work in partnership with regional councils. and our state, and address the challenges and opportunities of rapid population growth. The action plan we have delivered for growing and revitalising Geelong sets out a 10-year agenda of initiatives to position it as a Victoria’s population will exceed 10 million by around 2050, and hub for new jobs and sustainable growth. In the future, this could Melbourne will become Australia’s most populous city with eight form the model for growing Victoria’s other regional cities. million people. I see this as an incredible opportunity, but I am also pragmatic about the challenges it brings. I want to take the opportunity to thank outgoing VPA chief executive Peter Seamer, who is finishing up after a decade at the History shows that Victoria reaped the benefits of a burgeoning helm of Victoria’s peak planning authority. Peter has made an population during the 1850’s gold rush, and again during the enormous contribution to planning in Victoria. Thankfully we’re waves of immigration after the Second World War. Population not losing his talents altogether – Peter will continue to serve the growth boosted our economy, diversified our culture, and made state in a strategic role which will be announced shortly. Victoria the vibrant, high-functioning state it is today. We have improved Victoria’s building system, addressing some There is no reason why we can’t harness this next phase of long-standing flaws and putting in place stronger protections growth to achieve even greater benefits. for consumers. The next stage of reforms announced just before Christmas will also introduce tougher penalties for illegal As Minister for Planning, my priority is to put in place the forward works and restore confidence in our building industry. We have looking strategic work that will drive actions to achieve our vision put in place fairer planning and subdivision fees, and a fairer, for Victoria’s future – a state with a strong, sustainable economy simpler infrastructure contributions system to provide vital that offers jobs, homes, and lifestyle opportunities for our infrastructure in Melbourne’s growth areas. We have a number growing population. But we are also determined to protect the of urban renewal areas in the pipeline that will provide more character and heritage of our neighbourhoods and cities and our public housing, increased amenity, public open space and a unique natural environment. diverse mix of housing options.

Last year we made some solid steps towards this with a package The renewal of Fishermans Bend is an exciting opportunity that of reforms that introduced new measures to strengthen our we plan to get right. We need to ensure it will have the trans- liveability and support our growth. New planning controls for port, schools, medical centres, shops, parks, cafes and other Melbourne’s central city will protect its character and ensure businesses that will make this a great place to live, work and visit. it continues to be a world leader in liveability for generations to come. New minimum standards for apartment design will We are working to make Victoria the most efficient and improve the quality of apartments being developed and ensure transparent state in the country for planning through our Smart they contribute to a lasting stock of diverse, affordable housing Planning program. This is a huge program of work that will options. deliver a more accessible and efficient planning system, and drive investment. Stronger protection has been introduced for our cherished heritage assets following a major review of the Heritage Act. We have set the ball rolling with $25.5 million committed in last The changes include tougher compliance and enforcement year’s budget to bring the system into the 21st century. measures, and give local government a stronger voice in permit We will deliver a better system that is quicker and simpler to applications. navigate, with online services that put user experience first. Our refresh of Plan Melbourne will set in place the directions and Victoria’s future is bright with opportunity for growth and actions we’ll be taking to ensure Melbourne remains liveable development – and good planning is key in managing our growth and becomes more sustainable as it grows. and achieving an even higher standard of liveability for our It will address the key issues of climate change, energy efficiency, communities. housing affordability and transport priorities – and better connect Our strong population growth presents a number of challenges, people with where they live and work. In addition, the changes but these can all be addressed. We are planning for the future that come out of our residential zones review will be the first step now, and we will get it right to protect our long-term liveability. towards ensuring a consistent and fair state-wide approach to residential development.

6 / VPELA Revue March 2017 Shadow Minister Melbourne Metro Rail Parliament to debate requiring better planning of The Hon David Davis MP this essential project to avoid the short-sighted Shadow Minister for Planning disconnection of South Yarra railway station and Local Government

Labor struggles to manage major projects and have a history of Andrews and his government to proceed in such a way that the botched projects like myki and their white elephant desal plant. Metro ruled out a fully connected South Yarra station forever. Labor’s Melbourne Metro Rail project is also at serious risk. A sense of grave concern therefore prompted me on 7 February Daniel Andrews and his Planning Minister were given a wake- 2017 to give notice that I would move in the Legislative Council — up call on South Yarra station by their own independent advisory panel, which said: That, in relation to the Melbourne Metro Rail Project (the Project), this House — “the committee considers that the design and construction of (1) notes the joint Inquiry and Advisory Committee (IAC) the (Melbourne Metro Rail) project should not preclude the ability report regarding the Melbourne Metro Rail Project and to include such a station as part of the metropolitan network the response of the Minister for Planning; at some time in the future” and “the option of providing such (2) notes Planning Scheme Amendment GC45 was a station at some time in the future should not be precluded”. gazetted on 5 January 2017; (3) pursuant to section 38(2) of the Planning and And yet, Transport Minister Jacinta Allan and her bureaucrats Environment Act 1987 — continue actively planning to disconnect the two lines, as part (a) revokes provisions of Amendment GC45 so far as of the Melbourne Metro Rail project build, and potentially only to exclude the Minister for Planning from being a majority of votes in the Legislative Council stands in their way. the responsible authority for administering and I am reminded that Flagstaff station was purposefully built after enforcing the provisions of the Stonnington the City Loop was completed and support the panel’s considered Planning Scheme as they relate to the Project; and view that, at a minimum, similar provision be made for South (b) as a result of (3)(a) revokes any consequential Yarra station. I believe that it would be unconscionable for Daniel provisions to Amendment GC45.

VPELA Revue March 2017 / 7 Stonnington Council, which has called for and done its own planning for this massive and transformative infrastructure serious analysis of a South Yarra station Metro connection, project was allowed to continue, rather than insisting the City has a right to be at the table in planning how Melbourne Metro of Stonnington be the responsible planning authority within its Rail will impact their city. If Richard Wynne’s Planning Scheme borders, the Parliament would actually be doing current and Amendment GC45 is successfully partially revoked, Council future generations of Victorians an historic disservice. will once again be the responsible authority for Metro planning decisions within its borders. It will be well placed to extract from Victorians must ensure that Melbourne Metro Rail is delivered the Andrews Labor Government a better, more future proof, properly if another myki or desal disaster is to be averted. As the Melbourne Metro Rail project for its current and future residents, Andrews Labor Government have shown themselves incapable of and indeed many much further afield. doing this of its own accord, I will argue in the Legislative Council in coming weeks that, in the case of the City of Stonnington, The Liberal Party has always supported the connection of the Planning Authority for the Melbourne Metro Rail project South Yarra station to the Metro project in full and our project in that Planning Minister Richard Wynne has taken upon himself government, abandoned by Labor, would have delivered this to alone, be shared with Stonnington. Stonnington will then be in a service the growing population near the station in Stonnington. position to refuse necessary planning permissions if Labor fails to make sensible concessions on South Yarra. Yes, it has come According to the City of Stonnington’s March 2016 Melbourne to this. Metro Rail Project & South Yarra Station: David Davis MP The South Yarra Station is the busiest metropolitan station Shadow Minister for Planning, outside the City Loop and the busiest of all in terms of morning Local Government and Equality peak boardings. South Yarra Station has experienced rapid increases in patronage numbers in recent years, driven by both employment and residential growth in surrounding precincts… and

The current scope and design of the project does not include an interchange station at South Yarra, meaning that City of Stonnington residents and businesses will have no direct access Would you like to advertise to this landmark public transport project. An interchange connection at South Yarra would enhance the South Yarra your business in the Activity Centre and provide high speed access to Domain, Melbourne CBD, the medical / university Parkville precinct and VPELA Newsletter? a future airport link. Do you have a job It defies logic to not properly plan the Melbourne Metro Rail project, to ensure it is as future proof as possible, particularly you need to fill? in relation to a South Yarra connection. Metro Rail needs to be If you are interested in placing an advertisement delivered in a timely fashion but it needs to be the right project, in the VPELA newsletter or advertising a the best project. position on our website employment section, Daniel Andrews steadfastly refuses to rethink his government’s please contact the VPELA office on 9813 2801 headlong rush to begin construction of the Melbourne Metro Rail project prior to the next election. If this route of inadequate

ESD and waste management consultants, committed to successful residential and commercial developments.

Reports | Ratings | Assessments ESD | Waste Management | WSUD Energy | Green Star | Daylight Analysis

ecoresults.com.au Contact us for assistance with your project 1300 66 45 32 | [email protected]

8 / VPELA Revue March 2017 Places Strategic planning: Melbourne v Sydney A review of strategic planning in Melbourne & Sydney Liz Mackevicius, SGS Economics and Planning

Melbourne and Sydney are both in the midst of major strategic planning efforts. In Melbourne, Plan Melbourne, the State government’s 40-year vision for the growth and change of the city is being refreshed following a change of government in 2014. In Sydney, the establishment of the Greater Sydney Commission in early 2016 has reshaped the preparation of draft District Plans (released November 2016), and during 2017 metropolitan strategic planning will integrate long term plans for transport, planning and infrastructure.

While Australian cities have a distinct set of characteristics, (Searle et al 2011) there are also distinct difference between the two largest cities. This paper sets out some of the structural differences between Sydney and Melbourne, provides some institutional context for the plan making process, and outlines how these factors have informed the content of their respective plans.

The content of metropolitan strategic planning has also evolved; both cities now have a strong focus on shaping the economic geography of the metropolis – a clear shift from the residential and retail focus of previous planning efforts. City structure Melbourne Population Density. City structure refers to the amount and distribution of land uses support suburban communities are relatively small; Melbourne across urban areas as well as their connectivity and accessibility. contains around 16 centres with more than 10,000 jobs, and of It is concerned with how land uses are arranged, and has a these, only five centres contain more than 20,000 jobs. strong influence on the opportunities and constraints shaping future land use and investment decisions and shapes its social, As the city grows, this monocentric structure presents economic and environmental performance. It is influenced by challenges. These include pressure on the radial transport landscapes and topography, settlement history and transport networks, long travel times and uneven access to employment investment decisions. across the city and spatial disparities for access to health and other services. Melbourne Policy response Urban development context Plan Melbourne identifies five major economic concentrations Urban development in Melbourne has historically been focussed outside the CBD to address these major challenges – National in the east and south east. This distribution is influenced by Economic and Innovation Clusters (NEIC) which are intended natural landscapes, amenity and historical investment in to ‘facilitate investment and employment growth.’ Distributed transport infrastructure and services. Melbourne’s natural metropolitan and other activity centres are to play a service geography is characterised by flat plains, with few natural delivery role to ensure access to a range of goods and services. barriers to expansion: it is bounded only by the Dandenong Ranges in the outer East and Port Phillip Bay. Current planning Plan Melbourne also outlines a sub-regional approach for additional urban development in the north and west and to planning, grouping the metropolitan LGAs into five sub- planned investment in the transport network will see the city regions to ‘work with the Metropolitan Planning Authority have a more balanced geography. to collectively plan for jobs, housing and investment in infrastructure and services.’ Melbourne’s CBD is centrally located and supported by a radial fixed rail transport network. This has meant that the The NEICs are part of a suite of key economic assets within the concentration of employment, retail, recreation and cultural sub-region. They are not located at the geographic centre of their activities that exists in the CBD and inner city is accessible from subregion, and are considered primarily focused on employment, across the city. The suburban centres that have developed to rather than service delivery.

VPELA Revue March 2017 / 9 Sydney Population Density.

There are 26 centres and industrial precincts across Sydney with more than 10,000 jobs; 20 of these centres are located on the heavy rail network, and nine contain more than 20,000 jobs. Melbourne Centres of Employment. The distribution of employment across the city is shown below.

Plan Melbourne designates three existing (Monash, Parkville Policy response and Dandenong South) and three future emerging (La Trobe, Sydney has a more even distribution of employment across the Sunshine, East Werribee) NEICs. These are largely defined by city compared to Melbourne; inner suburban centres have acted the presence of major health and education institutions, and are as ‘overflow’ for the CBD which has been constrained in its intended to improve city-wide access to employment through capacity to grow. clustering business and commercial activity around these. They are (with the exception of Dandenong South) intended to be The urban form of comparable cities was also considered, mixed use centres, although the primary focus of the precincts and indicated that as cities grow to >6 million, it is difficult to is employment. They are also intended to reduce the spatial maintain the economic, social and environmental benefits disparity in access to health and education services, and alleviate associated with a single large CBD. Particular challenges include the pressure on the radial public transport network. transport network capacity constraints, spatial polarisation, pressure on the CBD for residential conversion and housing The Central city is maintained as a key economic area, affordability pressures. acknowledging its economic role there is still significant capacity within the Melbourne’s CBD for growth and expansion. A key challenge for Sydney is that the major employment cluster Projects to improve transport connections to the central city are is located on the eastern edge of the city. Although it is currently also identified. Sydney Urban development context

Sydney’s natural geography has been more of a constraint. Its position within a natural basin mean that waterways drain to the east and define the metropolitan topography. Sydney basin is bounded by the Blue Mountains, natural bushland and the Pacific Ocean which provide a natural green frame to the city. These diverse landscapes are valued for their environmental assets and they offer residents recreation and leisure opportunities. Importantly, from a city structure context, they have acted as natural barriers to urban expansion and have shaped the locations of residential and industrial uses.

Sydney’s CBD is located close to the far eastern edge of the coastline, while the population is distributed across the city, and there are more dense areas south of the harbour and Parramatta River. Sydney Centres of Employment.

10 / VPELA Revue March 2017 Sydney Plan. well serviced by transport, the capacity to continue to provide the Premier’s and State Priorities (creating jobs, encouraging access for the growing population in the west to the east of the business investment and increasing housing supply), the city is unsustainable. Ministerial Statement of Priorities, updates to the State Infra- structure Plan, and the Western Sydney City Deal. The structure of Sydney needs to evolve. The GSC proposes a ‘major shift’ in the long term (2056) economic structure of Sydney While a clear implementation process will be needed, the to achieve this; the development of a ‘metropolis of three cities’. development of the plans was able to draw together existing It comprises three regions, anchored by the established (Eastern policies, and place these in a long-term context. The GSC City - current CBD), developing (Central City – Greater Parramatta) was able to set a long-term vision without the pressure of and emerging (Western City – Western Sydney Airport) cities, and having all the answers now, and acknowledging that the plans supported by Strategic, District and Local Centres. will be refined as the need arises and as more information becomes available. Sydney will continue to function as one city, and the three regions concept provides a framework to consider liveability, sustainability The government’s formal role in the process was to note the and productivity issues. Improved access to employment and plans. The preparation and implementation of the Metropolitan the 30-minute city, for example, are important metropolitan Strategy will require an increased role of government and a challenge for GSC may be to maintain a visionary approach in principles that can be implemented in local and regional planning. this context. The major cities that anchor each region will not necessarily be ‘capital cities’ in the traditional sense, but will instead reflect Membership of the Commission (a Chief Commissioner, a the economies of their surrounding areas, accommodating Commissioner for each of Economic, Environment and Social a range of jobs. The Eastern CBD is the ‘economic engine’ of domains, a Commissioner for each of the 6 districts, as well Sydney with a focus on the financial, business and professional as a series of ex-officio members: the Secretaries of Treasury, services and innovation start-up sectors. The Central CBD, the Department of Planning and Environment, and Transport including Parramatta and the Westmead health and education for NSW Secretary, as well as the CEOs of Infrastructure NSW precinct, will leverage its central geographic location to undergo and UrbanGrowth NSW, who attend as observers) has created significant transformation over the next 10-15 years; it will be a a governance environment to integrate land use and planning key administrative and business centre for Greater Sydney. decisions across government.

The establishment of the Western Sydney Airport provides a In Melbourne, a Ministerial Advisory Committee was established unique opportunity to change the trajectory of the economic to provide advice to government as part of the preparation of geography of the west. Over the medium to long term, the Plan Melbourne and subsequent refresh. While the Advisory Airport will provide an opportunity to grow a range of housing, Committee covered a range of topics, this did not deliver the jobs, transport and social infrastructure to support the growing same level of integration across government portfolios as there population in the west of the city. was in Sydney.

Each of these ‘cities’ will also be supported by major population The publication of Plan Melbourne as a government policy service centres providing access to a range of retail, commercial document provided greater certainty regarding government and services. policies about urban form, but also created pressure for a clear implementation plan, particularly for the short term. This Plan making and Implementation process may have meant its capacity to articulate a long-term vision for the city was compromised by the focus on signed off projects The governance and plan making process which delivered these and commitments. policies varied considerably. Conclusion In Sydney, the appointment of an independent Commission enabled long term strategic thinking to inform the draft District The significant differences in governance arrangements had Plans. GSC legislation meant that draft district plans had to be a strong effect on the plans. The independent commission in consistent with the metropolitan plan A Plan for Growing Sydney, Sydney fostered the development of a carefully crafted and

VPELA Revue March 2017 / 11 transformative long term vision for Sydney’s development. While this is reinforced through Plan Melbourne. It will mean that in this vision may evolve through greater government involvement the medium term, Melbourne will remain a monocentric city. and the development of implementation plans it represents a The evolution of the NEICs are a first step towards reducing significant departure from the content of previous metropolitan the reliance on the Central City, and represent a more modest plans. The articulation of this vision early in the process provides approach to reshaping the city’s economic geography. Over the a starting point that can be refined over time. The need for the longer term they may need to evolve to play a similar role to Melbourne plan to deliver an implementation plan at the same Sydney’s 3 cities. time may have influenced the scope for visionary thinking. In conclusion, while there are many similarities between the Sydney’s economic geography is already far more distributed two cities, they also have different geographies, and subsequent than Melbourne and pressure on Sydney’s CBD is acute and policy responses. This, combined with the different processes used to inform and develop the plans, has led to quite different shifting economic activity to other centres is essential. The plans for the respective cities. Greater Sydney Commission’s plan for three cities embraces and reinforces the distributed economic geography, presents Liz Mackevicius is a Senior Associate and the Melbourne it in a framework which represents a transformative shift in Practice Leader at SGS Economics and Planning. In 2016 she planning for a polycentric city. In contrast, Melbourne’s urban was seconded in to DPE/ GSC to support the preparation of the structure can enable the CBD to continue to experience growth; Draft District Plans.

Welcome to our new members…

Tom Abourizk Maddocks Kirsten Land Arup Andrew Ahma Marshall Day Acoustics Samuel Lane Whiteman Property and Accounting Nat Anson Victorian Planning Authority Dustin Lavery Jacobs Group Australia Krystal Blizzard Mornington Peninsula Shire David Litwin Maddocks Nick Bradley Urban Edge Consultants Rachel Lunn Bayside City Council Clydie Brewer Mornington Peninsula Shire Kate Lyle Maddocks Grace Brown Urbis Ruth MacDonald Kellogg Brown & Root Greg Bursill Dennis Family Corporation Chelsy Maloney Ecology and Heritage Partners Monica Cameron Urbis Emma Manning Cloud Planning Chrissy Carter Urbis Michael Mielczarek APA Group Natalie Cefala CBRE Ryan Moyle Urban & Regional Solutions John Ciavarella City of Ballarat William Nickholds Villawood Properties Natalie Clark Natalie Clark Planning Harriet Noall Essential Economics Asher Ford Biosis Erin Pears Arup Ross Fullerton Mornington Peninsula Shire Richard Perry Richard Perry Consulting Thomas Gallagher Hansen Partnership Jacqueline Plant Norton Rose Fulbright Jessica Guirand David Lock Associates Bryce Raworth Byrce Raworth Simon Gutteridge City of Port Phillip Gemma Robinson Rigby Cooke Lawyers Travis Hancock Marshall Day Acoustics Nick Roebuck proUrban Craig Harris Low Impact Development (LID) Talia Schlen Telstra Consulting Linda Sharkey Urbis Haroon Hassan Victorian Bar Mike Simons Beca Claire Helfer Ratio Consultants Taryn Sobe Urbis Carmel Henderson DELWP Jason Stone Traffix Group James Hough Urbis Kate Summons CFA Lisa Jessup Hays Rubin Winograd Contour Consultants Jen Kemp Ratio Consultants

12 / VPELA Revue March 2017 Places Rory’s ramble Nurture kids’ health with nature-based play Rory Costelloe, Executive Director, Villawood Properties

It’s time to reconsider the value placed on communal outdoor Case in point: kids who grow up on farms, or with dogs, tend to spaces where kids can run around in more natural settings, get be less susceptible to allergic diseases. Peter explains that this dirt in their mouths, get their heart rate up and reduce massive lack of diversity of bacteria that our kids are exposed to, both strain on the public health system caused by non-communicable through the external environment and what is ingested, results diseases, such as asthma, allergies and obesity. in an under-stimulated immune system, which is associated with unhealthy immune system development and related immune diseases.

Professor Katie Allen from the Murdoch Children’s Research Institute was recently hailed as the “Allergy Whisperer” by the Weekly Review and draws a similar conclusion – that “we are too clean!” In the article, she explains that kids that grow up with dogs inside the house – and interestingly, more siblings – were generally more protected from developing food allergies.

Peter commented that the greatest burden on the health system is the rise of non-communicable diseases, such as asthma and allergies. According to the Australian and New Zealand Journal of Public Health, one-in-five kids are overweight before they even get to kindergarten. There are a lot of factors that contribute to this alarming statistic, but there’s a simple solution staring us in the face: we need to get kids off the couch, away from screens Nature Play. and out the door, running around in the fresh air. Peter says the I have written previously about the challenges faced by best chance parents can give their kids of a healthy childhood developers getting creative playground designs through the is to “Slip, Slop, Slap and Slam the door. Get them outside, get Council approval processes. In lieu of environments that them active!” challenge and engage our kids, increasing their desire to get active outdoors, the playgrounds that largely get approved are sanitised spaces designed to keep the OH&S advisors happy and the maintenance costs down. Our sanitised lifestyle is creating more health problems than it solves. Many Councils shun the use of sand, natural materials and water in playgrounds, despite the fact they are prominent features in some of Victoria’s most loved play spaces. These include Nature Play at the Royal Children’s Hospital, the playground Healesville Sanctuary by the same name, along with Villawood’s own Pirate Ship at Alamanda and the all-abilities Livvi’s Place at Marriott Waters.

Recently, I heard Associate Professor Peter Vuillermin speak at a Barwon Health Foundation event and it made me think further about society sanitising our kid’s environments, which is doing them no favours. Peter is a general paediatrician with an interest Nature Play. in immune-related disorders in the modern environment. He raised the topic of ‘nature connectedness’, which is an emerging This view is shared by Matt Sabin, who is Chief of Medicine, theory gaining traction in the medical community and explores Director of Endocrinology, Diabetes and Obesity at The Royal the beneficial health impacts of contact with nature. Children’s Hospital, who commented that physically active childhood leads to being more active as an adult. With a list Peter explained that from an evolutionary perspective, humans of qualifications as long as your arm, Matt’s advice for raising have always had a connection to the natural world and other healthy children simply comes down to common sense; about creatures in it. To paraphrase, humans have always enjoyed what they actually need, and that is fun-based activity that gets mutually beneficial relationships with creatures of all shapes and their heart rate up. His comment that really stuck with me, (one sizes, including microscopic bacteria, but the modern environment I think you will all appreciate), “kids between the ages of five and has devolved and broken many of these relationships. ten years old don’t have heart attacks.”

VPELA Revue March 2017 / 13 From my discussion with Peter, Matt and others, I have drawn the conclusion that the best way developers can contribute to happy and healthy communities, is to deliver spaces where kids can play among trees and in the dirt, as opposed to artificial and sterile environments.

Playgrounds are a free and accessible avenue for just that. As I have already mentioned, Victoria has some fantastic examples that stimulate kids’ imaginations and offer a healthy level of challenge, while, for the most part, being constructed of natural materials.

Nature Play at Healesville Sanctuary is great. At first glance, the site could be simply part of the native environment, but Nature Play gives kids simple things that they all want to come back to, such as the creek bed which is always swarming with kids. The most popular part is playing in a shallow pebbly creek bed. Livvis Place.

many Councils across the nation for the element of inclusivity, but we still had an arduous approval process on our hands when we tried to pair the concept with an element of ‘nature play’ using natural materials such as sand, wood and dirt.

Play is a fundamental part of childhood and kids places where they can run, jump, tumble, sweat and connect to natural elements. In order that developers can deliver healthy, thriving communities, councils need to be brave and start to be more accepting of challenging structures and natural materials in suburban playgrounds. The best outcome for us all is healthier and more resilient kids, but by focusing too heavily on mitigating risk, councils may overlook how wrapping them in cotton wool is contributing to a greater issue

In the scheme of things, a grazed knee might take a week to heal, but overly zealous, sanitisation approach could be setting us back generations.

Rory Costelloe is Executive Director of Villawood Properties

Healesville Sanctuary.

Sharing the same name, Nature Play in Royal Park is next to the Royal Children’s Hospital and was recently voted Australia’s best playground by the Australian Institute for Landscape Architects. The space is again, made from natural materials and gives kids the chance to flex both muscle and imagination, while developing a connection to nature through ‘unpredictable play’ in an environment constructed predominantly of rocks, sand and wood.

Another impressive feature of Nature Play is the level of attention paid to enabling children with all sorts of needs to play together, and kids from the hospital are able to enjoy the space, even if they are in a wheelchair when they visit, or even a hospital bed.

Livvi’s Place in Marriott Waters is an approach to playgrounds that provides a unique environment for children of all ages and all abilities to play side by side. They have been embraced by Nature Play.

14 / VPELA Revue March 2017 Places What happens when the Prairie-Dogs abandon their cubicles? Mark Woodland Retaining and creating spaces for the collaborative Echelon Planning work revolution

Melbourne is experiencing an industrial revolution. Automation, Technology is a driving factor - it is displacing many jobs but it globalisation and collaboration are profoundly changing the is also making being a self-employed global worker easier than nature of work, including how and where we work1. Yet the debate ever. Think of platforms such as 99designs, Freelancer, Uber over Melbourne’s future planning barely gives any attention to and Airtasker, where the buyer and sellers of skills and services these changes, or their implications for how our city works. can interact instantaneously and at low cost. The ‘sharing’ or ‘on-demand’ economy, and ‘peer to peer capitalism’ are the This article discusses these trends, as well as the positive role new buzzwords. that collaborative work spaces are playing in adapting our city’s workforce to rapid change. So, the barriers to trying new ideas and starting new businesses are lower than ever, and technology provides greater flexibility The rapid growth of freelancing to work when and how you want. Workers who have found niches in this more flexible labour market report regularly By 2020, freelancers are expected make up 40 percent of the entire higher levels of job satisfaction than workers in traditional 2 Australian workforce . It’s a global trend - specialisation underpins standard work arrangements4. today’s economy, and the unbundling of business functions and supply chains has created a substantial employment market New work places for the self-employed where increasingly people act as independent contractors. I have been wondering for some time, where do all of these Today, more and more workers are engaged in flexible work freelancers and self-employed people work from, and how do they (sometimes by choice, often by circumstance). The ‘portfolio collaborate with one another? career’ is now common and collaboration with other independent contractors to get things done is the new norm for many skilled Not every freelancer works from home or collaborates online. workers. Many need to be amongst other people for social contact, intellectual stimulation and networking. Many startups and Already, around 30% of Australia’s workforce is engaged in small businesses thrive in clusters on the fringes of the Sydney flexible work, including moonlighting, multiple part time and and Melbourne CBDs. It is becoming obvious why. casual roles and independent contracting3. Rental costs are only part of the answer, and in fact in many instances they are secondary to factors like flexibility, amenity and culture. Small businesses and freelancers are increasingly seeking out neighbourhoods that are accessible, have high amenity, and good IT services. Workers want to be close to home, social and recreational activities, and not spend hours on end stuck on public transport or freeways

Critically, hubs also create attractive social communities – they are places where workers can feel part of a wider community5. All work has a social element to it, which is why people will always seek out work spaces which create opportunities to interact with others.

The problem is that in many suburbs there are simply no suitable office accommodation options.

The conventional Melbourne office market doesn’t cater well to the needs of startups and small businesses. Many suburbs simply don’t have much office space available. Even where it exists, the typical office space is much larger that a sole-trader or small company needs, and the fitouts usually comprise uninspiring partitions and cubicles. Commercial leases are typically long term and inflexible and if refurbishment is required (it usually is) the fitout costs are expensive.

VPELA Revue March 2017 / 15 Co-working spaces overcome all of these issues, and they are increasingly becoming the workspace of choice for small businesses and freelancers. The rapid rise of co-working. The co-work model is no longer merely the domain of creative artists and millennial startups. In fact, it has become a big real estate deal across the globe.

The world’s largest provider of co-work spaces (WeWork) was founded less than six years ago. It is already valued as a $16 billion business. WeWork already has over 54 co-working locations across the U.S. and Europe. It has plans to expand to reach every continent (except Antarctica) by the end of 2017, and WeWork will establish its first site in Melbourne in coming months.

WeWork have clearly worked out that there is a very sizeable gap in how the real estate market caters for small business, right across the globe. Companies like GPT, Regus and Dexus are now following in their footsteps.

But it’s not just the global real estate entrepreneurs who have seen the gap. Australia has recorded the highest growth of co- working spaces in the world (per capita). Knight Frank Research have identified that Melbourne now has more than 170 co- working spaces, and that there has been a 940% rate of growth in such spaces since 20136. The Prentice Street Studio. With niches ranging from technology, the arts and even a CBD setting it’s not such a visible choice for investors seeking (controversially) single-sex office studios, these shared- a quick return on their investment. workspaces are literally the incubators of new work models for the future economy. Our experience has been that it can only be achieved on a very lean business model, and it requires a particular expertise, local The Prentice Street Studios knowledge and determination in order to achieve results.

Echelon Planning has established its own co-work space (www. Delivering ‘new ideas for old buildings’7 is more expensive prenticestudios.com.au). We are a small but growing consultancy and complicated than it should be. There were many planning business, and we were seeking a work environment that offered and building regulations that made changing the existing flexibility, high amenity and a strong identity. The conventional building uses easier said than done. Regulations for carparking office rental market was nothing short of depressing, and so we dispensations, contamination, disability access, fire, ESD, etc. decided to create our own space. all required specialist technical input and specific building design responses. The cost and complexity of addressing these It’s a refurbished 1970’s warehouse in Brunswick, right near challenges is a major disincentive to re-purposing existing the train station. It’s got lots of light, lots of greenery, NBN, and industrial buildings. a fantastic interior designed by Tonya Hinde (now with Billard Leece Partnership). The studio aesthetic is well above the usual For Echelon, establishing a Studio serves a dual purpose of ramshackle inner city warehouse vibe, and has so much more meeting our business’ needs as well as understanding first- charm and personality than the typical ‘prairie-dog cubicle’ hand these technical and commercial challenges so that we can experience. identify what might be done to address them in future. I expect to have more to say about these issues in the months ahead. The conventional wisdom is that there is limited demand for office space in the suburbs. Our experience in the inner-north The city-planning implications at least is that there is demand, but there simply hasn’t been a of the co-work revolution supply of suitable office space to cater for the needs of people seeking workspaces. The Grattan Institute wrote in 2013 that the options for creating a more productive Melbourne were to bring jobs closer to people, The Prentice Street studio is filling a gap in the local office market. bring people closer to jobs, or improve transport links between In the short few months since the Studio opened its doors, we the two8. The Grattan report argued that the best option was to have fielded a steady stream of inquiries from self-employed bring people closer to jobs. Whilst I certainly agree that more and small businesses people looking for a local alternative to the housing is needed in Melbourne’s established areas, much more CBD or the home office. There is no shortage of demand but it is could be done to facilitate businesses in established areas. highly localised to the demographics of the region, so outside of

16 / VPELA Revue March 2017 Greater Melbourne is forecast to have an additional 800,000 jobs in the coming 15 years9. Up to 320,000 of these jobs are expected to be located in the inner metropolitan region. So, where and how will the floorspace come from to meet these needs? I doubt that it will all be in the CBD, Docklands or Fishermans Bend.

If the vision of 20-minute neighbourhoods is to be realised, then Melbourne needs more work-spaces distributed across our city. The emergence of co-work spaces across inner Melbourne has been an organic response to an unmet demand for new workplace options. Knight Frank estimate that 24 new co-working spaces have opened in the past 12 months alone10. With a combined floorspace of 17,000sqm, these facilities offer a type of workspace that simply didn’t exist in Melbourne’s inner suburbs a few years ago. Inner Melbourne has substantial older areas of industrial land which are well suited for Many co-work spaces establish in industrial employment-generating activities (map source – Echelon Planning). areas or in older commercial spaces, where the rents are affordable. These locations are usually hotspots for Co-working is a relative new business model that is very different urban renewal and land rezoning. Strong demand for housing to the conventional office market. It is one that deserves to be typically displaces commercial floorspace in such situations. better understood because it offers a substantial potential to foster the growth of small business in a variety of metropolitan This is where planning can play a critical role. The challenge and even regional locations. is for the planning system to find the right balance between regulation and facilitation: Just like Uber is disrupting transport systems, companies like WeWork look set to disrupt the real estate market. The co- • Employment land should be retained where there is a work model is not the exclusive domain of large development reasonable prospect that it will be renewed to foster business companies. It has its origins within the start-up community, and and jobs growth. it is relatively accessible to smaller developers, investors and • Not all employment precincts need to be set aside for single- businesses alike. use purposes. Achieving a mix of uses is a large part of what The Prentice St Studio is just one success story amongst many – drives the amenity and dynamics that make places attractive it is a wonderful workspace that enables like-minded individuals for business. Achieving mixed use via vertical zoning can to work in a dynamic, energetic and collaborative environment. be used to create new commercial floorpsace, but only in I look forward to city planning better embracing and supporting locations that can sustain such activities. Such strategies the growth of co-work spaces like ours right across Melbourne should be used judiciously as many locations will not have in the coming years. the level of accessibility or amenity needed to sustain commercial activity. Mark Woodland is Director of Echelon Planning • There are many planning and building regulations that act and founder of Prentice Street Studios as barriers to the reuse of existing buildings for co-work purposes. These should be reviewed and removed wherever 1 Read ‘The new work order: Ensuring young Australians have skills and experience for the jobs of the future, not the past. possible. 1 ibid • Having an identifiable ‘place’ for business activity across our 2 Melbourne’s Co-work Culture’ (Knight Frank, 2016) suburbs will become increasingly important. This requires 3 ‘The new work order’ (FYA, 2015) 4 ibid urban planning to respond to the finer grained trends 5 Read ‘Economy in Transition: Startups, innovation, and a workforce for the happening in the local property market, and having a nuanced future.’ (StartupAUS, 2016) for more details. approach to land zoning, planning policies and regulations. 6 Knight Frank, 2015 7 Jane Jacobs famously wrote that old ideas can sometimes use new • At a local level, local Councils play an important role in buildings, but new ideas must use old buildings. The City of Sydney bringing local business together via ‘placemaking’ programs published a discussion paper on this topic – see ‘New Ideas for Old and economic development initiatives. Government can also Buildings: Findings of the Creative Spaces and the Built Environment Forum’ (March 2016) assist the establishment of co-work spaces by providing 8 Productive Cities: Opportunities in a Changing Economy’ Grattan Institute financial support for innovative models and even partnering (May 2013) with industry to develop co-work and incubator spaces (as 9 Refer Plan Melbourne (the 2014 version) 10 Refer https://www.theurbandeveloper.com/co-working-melbourne-knight- an example, the NSW government has just announced the frank/ establishment of a new startup hub in central Sydney)11. 11 https://www.jobsfornsw.com.au/how-we-help/the-sydney-startup-hub

VPELA Revue March 2017 / 17 Places Creating vibrant communities Is it possible to ‘create’ vibrant communities? Dean Landy, Partner, ClarkeHopkinsClarke, Architects

This simple question is something that has driven me, both that we will see a shift in what actually occurs on the ground. professionally and personally…and I believe it is possible. My In other words, our ideas need to be firmly grounded in the view on this has been uniquely formed from extensive work over commercial reality and understanding of the challenges that many years in both first world and developing countries. developers face in order to see the aspirations achieved.

To explain how I think this is possible and why it’s important, I need to distinguish the two ways we can ‘create’ community. Firstly, by creating ‘masterplanned communities’ where we literally design and build the physical environment and services where people will live, work, learn and play…what I refer to as the ‘hard elements’; and secondly the less tangible aspiration of creating a ‘sense of community’ that helps build the social and place connections that must exist between people within their towns, neighbourhoods and streets in order to be truly vibrant… what I refer to as the ‘soft elements’.

It is actually through both of these approaches that we, as a design and development industry, must work together to better consider how we can create vibrant communities. Although I’ll be the first to acknowledge we can’t ‘manufacture’ a sense of community or force people to come together, we can play a major part in ensuring the seeds are planted to encourage more connected, healthy and sustainable communities for people to thrive. I am, however, encouraged by the growing number of developers There is also widespread research directly connecting people’s that have realised that commercial return and social impact are mental and physical health and happiness to the quality of not mutually exclusive; in fact many developers have realised the built environment and communities in which they live, quite the opposite is true. The simple fact is, people want to especially when relocating to new communities in growth be part of a vibrant community…whether that be in Carlton or areas around Australia. Craigieburn, Armadale or Armstrong Creek…we all want to belong to a community. But why is community important? Sociologist and psychologist Hugh Mackay summed this up best in our recent discussion. “We It was out of this research that 4 key areas became clear that are not good at surviving in isolation. We rely on communities we as an industry need to be working towards to see better to support us and sustain us, and if those communities are to outcomes; survive and prosper, we must engage with them and nurture them. That’s the beautiful symmetry of human society; we need - There needs to be a greater shift towards ‘place led’ planning communities and they need us”. outcomes - We need to better consider a ‘shared value’ approach in a While the challenges of creating vibrant communities may be commercial context many, after 2 years of research on this topic, I can confidently say - A more strategic process is needed to improve the liveability that there is a ground swell of passionate people in our industry of communities and beyond, that share my view that if we are willing to work - Greater consideration needs to be given to help ‘seed’ together in a more collaborative, creative and entrepreneurial community life way, then we can see a shift in the quality of the places we are actively creating. So the fundamental question remains – how can we go about achieving these key outcomes and create vibrant communities? As an architect and urban designer at Melbourne based architectural practice ClarkeHopkinsClarke, I am involved in the This is the very topic of a book I have just released titledCreating design of many new town centres around Australia. It is in these Vibrant Communities - A fresh approach to delivering healthy, projects that I get to explore the ideas that I’m about to share. sustainable and liveable communities. However, it is only through visionary developers, who as one major developer eloquently put it, are the true ‘town founders’, So what would I define as a ‘fresh’ approach?

18 / VPELA Revue March 2017 Our team has developed a process to help guide developers, The Tribus process encourages the establishment of more councils and designers through the evolution of new ‘people focused’ goals and sets in place a framework to discuss communities, from the initial inception, or ‘Visualise’ phase more creative, commercial and tangible targets for each of the through the ‘Realise’ phase as it is built, to the ‘Activation’ 18 elements. It allows a project to move beyond the marketing phase as a new community comes to life. It looks to capture all billboards and actually provide an actionable plan that everyone the aspirations of government, researchers, advocates and key can understand and get behind. stakeholders – including the community - and convert them into a meaningful, tangible and practical road map to best set a new I acknowledge that the Tribus process is not a silver bullet, or community up to be truly vibrant. that it will guarantee a certain social outcome, but I am confident it will best position new community developments to deliver on The process, referred to as ‘Tribus – A community evolution the aspirations that many new residents are craving…to be part process’, is a simple and practical way to consider these ‘soft’ of creating a vibrant community. and ‘hard’ elements breaking them down to ensure the finer details are not overlooked. Creating Vibrant Communities is available in bookstores or can be purchased online at www.creatingvibrantcommunities.org. This These elements can be summarised as; website also provides on going active research and resources and knowledge sharing.

Public Understand the people that Public Realm Places to enjoy the outdoor People Realm People make the community environment

Place Create a unique sense of place A variety of transport options Place Transport Transport Consider a diverse mix of Soft Elements Places people can come together Diverse housing, uses, and densities Elements Hard Community Diverse Community and connect Ensure a strong connection

ConnectedConnected Places to shop, eat and socialise between all elements RetailRetail

Healthy Encourage more active Places for services, offices Active & Healthy Commercial & Active and healthy lifestyles Commercial and trade

Health & Places to provide care Local Health & Wellbeing Local Economy Create a strong local economy Welllbeing Economy and pursue good health

Places to allow whole Safety Ensure people feel safe EducationEducation Safe of life learning

Consider the economic, Provide places for sports, environmental and social Recreation Sustainability Rec & Entertainment relaxation and enjoyment Sustainable sustainability Consider the time it takes Provide a variety Residential TimeTime of living options to build a community Residential

Echelon Planning is thrilled to announce the opening of our new co-work studio in Brunswick. The Prentice St Studio is a thriving co-operative workspace for like-minded businesses, and it’s growing every day. Drop by and say hello, or visit our new website for further details. www.echelonplanning.com.au

VPELA Revue March 2017 / 19 The Business Planning in DEWLP 2017

Christine Wyatt, Deputy Secretary, Planning, DELWP

Planning is at the heart of so much of what government does. Statutory Planning Services; Andrew Grear, Planning, Building Let me introduce you to the Planning Group at the Department and Heritage; Julian Lyngcoln, Planning Implementation; of Environment, Land, Water and Planning (DELWP). The and Fiona Delahunt, Forward Policy and Business Strategy. Planning Group manages the state’s planning, building and Kathy Mitchell leads Planning Panels Victoria. While each area heritage systems and takes a long-term view to shape our manages an important component of the planning system, communities. We play an active role in improving the quality stronger connections and a collective approach within the of our heritage, built and natural environments, planning executive team has strengthened us as a group. for growth and change in a considered and sustainable way. Our role is to lead policies and planning for the growth and Our core responsibilities include the delivery of statutory transformation of our cities and regions, as well as leading and planning processes, management of environmental impact facilitating priority projects for government. assessments, transforming and operating the state’s planning, building and heritage systems, researching and analysing land Two years ago, we joined DELWP, a newly created department. use and demographics, leading the development of cities and This move strengthened the link between the built and natural regional growth policy and facilitating government land use environments and provided an opportunity to reshape our and infrastructure delivery. Independent planning panels and purpose and role. We work closely with our stakeholders and advisory committees appointed by the Minister for Planning the community to achieve the department’s shared outcome of are managed by Planning Panels Victoria and we also partner creating liveable, inclusive and sustainable communities and with our portfolio organisations, Victorian Planning Authority, thriving natural environments. Victorian Building Authority and The Heritage Council of Victoria to achieve shared planning outcomes. Last year was a big year for us as we progressed significant projects and milestones focused on ensuring our city and regions continue to thrive. From developing long term plans to manage growth and change, reviewing and introducing new controls and standards to improve the liveability of our cities, facilitating better planning outcomes for major infrastructure and transport projects, reviewing legislation to protect our built heritage, and driving major work programs to reform and modernise our planning system. Building a collaborative culture We have worked hard to build a strong collaborative culture and establish a more holistic and balanced approach to planning. The Planning Group is comprised of four divisions and Planning Panels Victoria. Our executive team includes Jane Homewood,

Strong partnerships Strong partnerships with the community, local government, industry leaders, academics and other portfolios underpins our success. Over the last three years, our focus has been on improving our connections with the community and creating opportunities for meaningful interaction and engagement. This has been guided by the DELWP Community Charter that commits the department to partner with local communities and communicate with clarity and listen with understanding.

As a department, we are committed to building a positive organisational culture that drives high performance through strong leadership, diversity, collaboration and innovation. The department brings together the collective expertise across Victoria’s planning, local government, environment, energy,

20 / VPELA Revue March 2017 suburban development, forests, emergency management, climate change and water functions. The vision of the department is to create liveable, inclusive and sustainable communities that support jobs and growth in Victoria. The direction of the department was established through DELWP 2020, our strategic framework. DELWP 2020 ensures we deliver value for our community and guides how we collaboratively work together to YARRA RIVER ACTION PLAN connect all our areas in an integrated way. Wilip-gin Birrarung murron

Achieving in 2016

The past year has seen significant achievements for planning in Victoria. For me personally, this has been a significant step forward in setting the planning agenda. These included a variety

of projects and work programs from introducing an enhanced A infrastructure contributions system to make developer contributions simpler and more cost effective, delivering strategic support for bushfire recovery and rebuilding efforts at Wye continue to include the community in consultation activities to River, facilitating planning outcomes for major infrastructure guide progress of the program. and transport projects, and commencing the Smart Planning Program to reform and modernise the planning system. This year we will also be participating in the Ecocity World Summit, one of the most globally significant environmental Enhancing Melbourne’s liveability through the introduction of forums. DELWP is the principal sponsor and this will provide central city planning controls is vital to the future liveability of an opportunity for the department to showcase significant our city. Last year we introduced major reforms that will provide state work on a global stage and connect with world leaders improved public amenity and deliver consistency and certainty to and innovators. ensure our city continues to grow and maintain its much-valued liveability. In addition, the Better Apartments project delivered Strong planning plays a central role in supporting development new apartment design standards that provide clear rules for and contributing to economic growth. We look forward to apartment liveability, while allowing for innovation and design strengthening our linkages and interactions with you as we excellence. Together these measures will support our long-term explore options to reform and strengthen planning for our state. liveability and will be truly city-shaping. Stay up to date on the progress of existing projects and provide We are continuing to develop and introduce major reforms. feedback on current projects on the Victorian State Governments Progressing work on protecting our strong state heritage ‘Engage Victoria’ website - engage.vic.gov.au. through the Heritage Act review and improving and strengthening Christine Wyatt is the Deputy Secretary, Planning in the consumer protection through the Building Legislation Amendment Department of Environment, Land, Water and Planning (Consumer Protection) Act 2016. We have also delivered regulation (DELWP). It is a role she has undertaken for the past three improvements through new planning and subdivision fees to years and she is responsible for leading the State’s planning, better resource council planning departments and support building and heritage systems. delivery of development across Victoria. The year ahead

Planning’s priorities for the year ahead will build on what we have already achieved. We will continue our momentum and shift into implementation. The updated Plan Melbourne will be released in Are you interested in submitting early 2017 and the focus will shift to implementing the long-term an article for the VPELA Revue? strategy that will shape how Melbourne grows and changes. We will partner on further strategic work on Fishermans Bend and Members are invited to submit articles for revitalising central Geelong and lead work to pass legislation to publication in the VPELA Revue. If you have establish the Victorian Planning Authority under its own act. The a topic that you are passionate about, why not importance of our natural resources will continue to be valued share your view with others? and protected through finalising planning protections for the We are always happy to stimulate Yarra River. debate over any issue. Suggested article length is 1000-2000 words Significant planning reforms and policies will also be and photos are always a good inclusion. progressed via a range of planning, building and heritage Just forward your submission to our programs. One of the most significant planning reforms we editorial team at [email protected] are leading is the Smart Planning Program that will make or call 9813 2801 to discuss. planning processes and services more efficient, accessible and open through simpler rules and modern digital tools. We will

VPELA Revue March 2017 / 21 Places Growth Areas: A broader view of school planning Lisel Thomas & Christian Lynch, Victorian Planning Authority

The Victorian Planning Authority (VPA) recognises that the It is tempting to just plough on and never look back, because if provision of a full range of schools and education facilities is you do, you might not like what you see. Highlighting shortfalls in vital for sustainable, well-serviced communities. Communities school provision is problematic if the gaps are difficult to fill. But need schools and education facilities, and schools and by collating data on population and housing figures across the education facilities in themselves are important generators of Casey municipality, we knew we would have a bigger picture of community and jobs. There are also clear environmental and the area’s needs as a whole. We could then use this data to inform other benefits if children can walk or ride to school. The VPA the 10 south-eastern PSPs currently in the VPA’s work pipeline. has been planning to achieve this for many years, and works In Victoria’s greenfields, the general principle guiding government collaboratively with the Department of Education and Training school provision is that for every 3,000 households there should and other education providers to plan schools for growing be approximately one government primary school, and that for communities across Victoria. every 10,000 households there should be approximately one Schools: centres for communities government secondary school.

The VPA deliberately locates school sites with sites for other These benchmarks are applied each time a precinct structure community facilities wherever possible. Where schools are co- plan (PSP) is prepared. It is rare that this will result in a whole located with other community facilities, exciting opportunities number, so a decision to round up or round down needs to be for optimising and integrating facilities can be explored. made. This can lead to under or over provision across the whole Planning and development of community hubs in a strategic growth corridor. On top of this, the actual number of houses way can help avoid cost pressures on individual providers. ultimately built will rarely be identical to the initial projection. Co-location of schools and community facilities can facilitate Indeed, after taking stock of the numerous PSPs the VPA had community use of school facilities and vice versa. This helps completed over a 10-year period in Casey, it soon became clear to bring communities together. It can take years of forward that many of the areas that had already been developed were planning for these opportunities to become reality, but good denser than we had expected. The population and housing planning and design builds these opportunities into the fabric of densities of these suburbs provide a good indication of how other the new neighbourhood. nearby developing suburbs in the area are likely to develop.

When devising the blueprints for these new communities, it is While pleased with the higher densities – the VPA encourages vital planners set aside land for an adequate amount of schools, housing diversity and higher densities, and the strong take up a decision that can have enormous ramifications. of the areas demonstrated their popularity – it did require us to adjust our projections. It quickly became clear that demand for School planning: do the ‘standards’ still apply? government schools was now likely to exceed the capacity of existing and planned government schools. Plan for too few schools, and you have children travelling further than is ideal to schools that struggle to manage large More schools or different models? enrolments. Plan for too many schools, and you have wasted precious resources that could have been used for other From here attention turned to the issue of distribution. Would it vital community infrastructure and services, such as aged be preferable for this additional demand to be met by increasing care facilities. enrolment capacity at existing schools and at the school sites already proposed or would additional sites be required? Determining how many schools an area needs – and where they should be located – can be a delicate balancing act, but Maps showing as-the-crow-flies catchments around the one the Victorian Planning Authority – working alongside the schools were created using a Geographic Information System. Department of Education and Training – always strives to achieve For primary schools, a distance of 800 metres was considered in our precinct structure plans (PSPs). to be a ‘walkable’ distance for a young child, and 1,600 metres was considered to be acceptable. For secondary schools which This is why, late last year, upon completing our 14th PSP require larger catchments to be viable and where students within the south-east growth corridor, the VPA decided it are older and can walk and ride further, 1,600 metres was the was time to examine how these areas were developing, and target distance. Locating the majority of households within these whether the schools we had planned were likely to meet the catchments will support healthy, active living and the delivery of communities’ needs. 20 minute neighbourhoods.

22 / VPELA Revue March 2017 These maps identified areas where residents would be living outside of the desired school catchment distances. Fortunately, the plans for new suburbs presented an opportunity to address these gaps. Indicative sites for an extra 10 primary schools and four secondary schools were then added to the plans, and the catchments analysed again.

The vast majority of residents in Casey’s greenfield suburbs will be within a walkable distance of a government primary and secondary school.

This was no easy feat, particularly given that sites needed to be located away from the numerous high voltage power lines that run through this area. A number of areas will remain outside Primary school ‘walkable’ catchments. the walkable catchment of a secondary school, but this includes areas with no or small residential populations (Casey Fields Regional Sporting Complex, industrial estates and large utility easements). This example demonstrates the need to look back and reflect on past planning and decisions in order to create the best plans for The VPA’s decision to take a step back and evaluate proposed the future – even if the results might be challenging. school provision across the corridor was driven by a genuine desire to ensure new suburbs will be great places to live. This Lisel Thomas is an urban planner with over 20 years’ reassessment will result in additional schools being built to experience working for local councils, State government and meet the needs of the population in locations that will result in the Victorian Planning Authority (VPA). Christian Lynch is a suburbs that are healthy, sustainable and liveable. structure planner who is new to the profession and the VPA.

Secondary School ‘walkable’ catchments.

VPELA Revue March 2017 / 23 The Business News from Planning Panels What’s happening at Planning Panels Kathy Mitchell Victoria in 2017? Chief Panel Member, Planning Panels Victoria

Following the major matters from 2016, including the In late 2016, PPV convened its biennial roundtables, where Melbourne Metro Environment Effects Statement, Metropolitan industry and stakeholders were invited to meet with PPV through Landfill at Ravenhall, Mt Atkinson Precinct Structure Plan, independent external chairs to discuss issues arising and Melbourne Amendment C270 built form review, numerous process improvements. Three separate forums were held, one Advisory Committees (including Animal Industries, Ballarat for local and state Government, one for legal and consultants and Station, Flemington Hill and Epsom Road, Government Land, one for community stakeholders. These were chaired by Trevor Managing Residential Development, Major Hazard Facilities, Mt Budge, Susan Brennan and John Keaney respectively. PPV is Macedon Protection, Punt Road), and various wind farm permit currently putting together a consolidated report that highlights amendments, the start of 2017 is relatively quiet! the key issues raised, and areas where further enhancements and improvements can be made, as part of our continuous That will not last for long as once the new Councils go through their improvement program. planning agendas, there will be a backlog of Planning Scheme amendments to deal with, as well as three or four potential EES A key focus in 2017 will be to ensure greater efficiencies and matters and further wind farm permit amendments. practice, thus saving time and money. PPV already applies measures to achieve these outcomes but we will be exploring In reviewing what we did in 2016, our matters were fairly equally more opportunities for on-line submissions, ensuring all parties spread between metropolitan Melbourne, and rural and regional comply with directions to submit evidence on time, providing the Victoria. Approximately 25 per cent of Council amendments opportunity for advocates to provide their primary submissions related to heritage reviews. We achieved an 88 per cent on time in advance, and the never-ending quest to reduce paper. rate for report submission, with a further 10 per cent coming in within seven days of the due date. We look forward to a constructive and productive year in 2017 and working with all stakeholders to achieve great outcomes. The start of 2017 sees the Victoria Transport Projects Integrated Development Opportunities Standing Advisory Committee Kathy Mitchell, Chief Panel Member, Planning Panels Victoria have its first referral with the Ormond Station matter, further tranches underway with the Government Land Standing Advisory Committee, a green wedge review through Wyndham C202, and structure plans and retail reviews through Maroondah C96 and Manningham C104.

Steve Schutt Director of Landscape Architecture With over 20 years experience, Steve is highly sought after as an expert witness in: ƒ landscape architecture ƒ landscape & visual impact assessment ƒ urban design Contact Steve on 0417 042 343 [email protected]

urban planning I urban design I landscape architecture I hansenpartnership.com.au

24 / VPELA Revue March 2017 Christmas at VPELA VPELA’s annual Christmas drinks took place at Luminare on 6 December. As always this proved an extremely popular event with over 460 members and industry colleagues attending, taking the opportunity to network and spread a little Yuletide joy. The venue remains one of our favourites, with plenty of room and delicious catering. The fabulous terrace is big enough to accommodate everyone outside and provides a stunning vista of the Melbourne skyline, which the clement weather allowed us all to enjoy. Special guests David Davis, Shadow Minister for Planning and Justice Greg Garde, President, VCAT joined in the fun, enjoying the opportunity to talk to other industry members. If you weren’t there you missed a fabulous event! We hope to see you there in 2017. Our thanks to Planning & Property Partners for their continuing sponsorship of this event.

…more photos on following pages VPELA Revue March 2017 / 25 Christmas 2016

26 / VPELA Revue March 2017 Christmas 2016

VPELA Revue March 2017 / 27 Summer drinks 2017

Summer Drinks was held at Cardno on 1st February, the first social event on the VPELA calendar it is proving more and more popular each year. 150 members and industry colleagues enjoyed a relaxed evening on Cardno’s wonderful outdoor terrace. Thankfully Melbourne’s weather was kind, so everyone could take advantage of a few hours networking and catching up about what’s planned for 2017 in very pleasant conditions. Our thanks to Cardno and their team for hosting and providing an ideal venue for this event.

…more photos on back page 28 / VPELA Revue March 2017 The Business Tribunal talk

Helen Gibson Deputy President, VCAT

Changes to VCAT processes are improving listing times for Practitioners may wish to be conservative and avoid having to find applications in the Planning and Environment List at VCAT. additional time for a part-heard case. However, they do not help themselves, their client or VCAT by failing to use professional The changes affect site inspections, how hearing dates are listed judgement to estimate the time required. Equally, indicating and the conduct of hearings. that no witnesses will be called then filing maybe two or three Reasons for change witness reports before the hearing with no previous warning also creates problems - especially if the case is only allocated a three The recent changes respond to a substantial increase (doubling) hour hearing. in the number of applications to this list and subsequent delays, after the Victorian Government removed monetary limits in If more time is needed for the hearing, ask VCAT for additional mid-2016. hearing time as soon as possible. Such requests must be served on all parties to the proceeding. The earlier such a request is In the Major Cases List, all proceedings benefit from intensive made, the better the chance of avoiding part-heard matters. case management by way of a practice day hearing, compulsory conference and final hearing. The success of this regime is Focus on key issues at the hearing demonstrated by the high settlement rate of proceedings VCAT is adopting a more assertive approach to listings and the following a compulsory conference, which means that a full conduct of hearings. hearing can be avoided (more than half). We are trialling the listing of some conditions applications (section The greater number of cases and the extra resources required 80) and objector applications (section 82) in a setting similar to meant that towards the end of 2016, the waiting time for a hearing practice days. Multiple cases will be listed at, for example, 10am date for both major and standard cases increased significantly. and called as we hear and dispose of the preceding case. It may We have implemented a number of strategies to overcome this. not always be possible to give a decision on the spot, especially if As a result, a Major Cases List application is now listed for final an inspection is required, but we expect this will be the exception hearing within 20 weeks of the date of lodging and a standard rather than the rule. case within 25-26 weeks. We achieved this by increasing the number of applications listed per day, being less conservative VCAT requires parties to file an ‘outline of submission by each with the time listed for the hearing, and not automatically party addressing the issues relevant to that party’, five days including time for an accompanied site inspection in the time before the hearing. This information can lead to a more efficient allocated for a hearing. consideration of the issues and a likely decision on the spot. We will consider the trial results to decide if this practice can be Accompanied site inspections more widely adopted. We no longer automatically include time for an accompanied Helen Gibson is Deputy President and in charge of the site inspection in the time allocated for a hearing in the Major Planning and Environment list at VCAT. Cases List.

The member(s) conducting the hearing can decide at the hearing whether an inspection is required and whether it should be accompanied or unaccompanied. An inspection may be undertaken as part of the hearing or subsequently. If a member decides an accompanied site visit will happen outside the allocated hearing days, a fee will be payable. This is not the case for an unaccompanied visit. Estimated time for hearing mga.

When lodging an application, applicants estimate the time they need for the hearing and the number of witnesses they intend mgatraffic.com.au follow us to call. We encourage practitioners to consider their response specialist traffic and transport consultants seriously and professionally when making this estimate, as we P (03) 9863 6480 rely on this information to decide the likely length of hearing E [email protected] time, the number of members required and their expertise. Discuss your next project with Peter Malinas or Fabian Guadagnuolo

VPELA Revue March 2017 / 29

The Business ‘From the vault’ a spotlight on Victorian planning Philip Martin, appeals tribunals since the 1960s – Part 1 VCAT Member

Younger VPELA members will have experienced the Planning appeal. The Minister would then consider the resulting delegate’s and Environment List (PEL) at Victorian Civil and Administrative report but was not bound to follow his or her recommendation. Tribunal (VCAT) as part of their professional landscape Two major limitations at this stage were the Act being silent over the whole of their working lives to date. Those more regarding the procedural aspects of such appeals and typically wizened members will be aware that despite the PEL’s 18 the recommendation made was not publicly released. years of operation, it is the most recent of several planning appeals tribunals in Victoria’s planning system since the With a rising number of such appeals, the Act was amended late 1960s. in 1968, so that Victorian planning appeals were dealt with by the new Town Planning Appeals Tribunal (TPAT). Initially this This Part-1 article will give an overview of these previous tribunal had three members, who were (as now) appointed by tribunals. The Part-2 article to follow in the next VPELA Revue, the Governor in Council. Their tenure was for three year terms. will discuss some interesting ‘sign posts of change’ in the From 1970 this composition was expanded to nine members. period leading up to the creation of VCAT, give examples of Typically, the TPAT would sit as a Division of three members. early commentary on the operation of the PEL and offer some Interestingly, right from 1968 the composition of members reflections in conclusion. The thrust of both articles is that this went beyond lawyers – the three original members being evolution to the PEL has been interesting and successful. required by statute to be experienced in law, planning and public administration/commerce/industry respectively (with the legal member presiding).

As now, the TPAT:

• Was not bound by technicality or the rules of evidence but was obliged to provide natural justice. Its merits review hearings were run without undue formality and on a de novo (afresh) basis. • Was required to give written reasons for its decision, if requested by a party to the proceeding. • Was not bound by its previous decisions but did need to follow decisions of the Victorian Supreme Court. However, in Ashfield Industries Pty Ltd v MMBW [1971] VPA 91 the benefits (in similar circumstances) of consistent decision making in planning appeals was endorsed. • Involved the right to appeal points of law from the TPAT to the Supreme Court.

A 1982 Victorian Law Foundation report estimated that at that time there was between 200 and 300 Victorian tribunals. An exception to this trend was the creation of the Planning Appeals Board (PAB) in 1981. The conversion of the TPAT into the PAB involved a major broadening of the PAB’s jurisdiction to deal with nine State Acts dealing with planning, local government, Different tribunals operating since 1968 drainage and environment matters.

A good starting point here is the excellent November 2003 Members of the PAB could sit on their own for the first time paper “The emergence of administrative tribunals in Victoria” by and hearings could be presided over by a non-legal member. the then Justice and President of VCAT, Stuart Morris. In part The roles of chief chairman, deputy chief, senior member and drawing on this paper, the gist of this history for our purposes member were established. Compulsory conferences were is set out below. provided for.

With the creation of the Town and Country Planning Act 1961, A further wave of change occurred in 1984 with the creation there was for the first time a process in Victoria for planning of the Administrative Appeals Tribunal (AAT) of Victoria, based merits reviews in relation to planning permit applications. At this closely on the Commonwealth AAT. In 1987 the jurisdiction of initial stage, such appeals were made to the Minister for Local the PAB was merged into the new Planning Division of the AAT Government, who typically appointed a delegate to hear the (Vic). For the first time, the AAT (Vic) came within the portfolio of

30 / VPELA Revue March 2017 the Attorney General rather than the Planning Minister. There To give some ‘colour’ to some of were some significant concerns raised about this merger in the the personalities involved, the late planning profession at the time. Much of the angst was whether Dr Phil Opas AM OBE QC (also the (highly valued) more informal and accessible operation of the well known as the barrister who PAB might be lost. What transpired was that the new Planning represented Ronald Ryan, the last Division operated in a largely similar manner to the previous man hanged in Victoria) played PAB, albeit it became the normal practice for decisions to an important leadership role include written reasons. and strongly advocated the PAB operating in a more informal and Against the backdrop of the high profile Supreme Court planning accessible fashion. He commonly dispute of Thorne & Ors v Doug Wade Consultants Pty Ltd [1985] VR Philip Opas QC dictated oral decisions at the end of 433, the second reading speech for the key Parliamentary Bill by his hearings. Ian Marsden’s tribute the Hon. Jim Kennan confirms that the then State Government to Dr Opas in the Planning News of October 2008 describes Dr sought to limit the capacity for disputes regarding planning Opas as “…sports-mad, kicking a football with staff well into his permits to be pursued in the courts. Rather, the intent was to 70s. He was known to sit behind his office desk wearing his much make the AAT (Vic) essentially a ‘one-stop shop’ for Victorian beloved Geelong football jersey. He was still keeping wickets in planning appeals, albeit with parties still being able to appeal matches at 80…” (as I can attest to). points of law to the courts. As an up-an-coming PAB Senior This process of change concludes in the late 1990s. Under the Member, Stuart Morris QC was stewardship of the then Victorian Attorney General the Hon. also known to pull on a VFL jersey Jan Wade, the push for consolidation led to planning appeals (Melbourne FC) in chambers. Stuart falling within the creation of VCAT through the Victorian Civil and then became the Chairman of the Administrative Tribunal Act 1998. VCAT commenced its operations Victorian Local Government Comm- in 1999. ission, then moved to the bar, but later become a Victorian Supreme Membership of these Tribunals Court Judge and reform-ist VCAT President over 2003-2007. Stuart’s Starting with the key present leaders, the PEL Head of List (HOL) Stuart Morris QC significant initiatives included intro- since 2004 has been Deputy President Helen Gibson, who was ducing Friday Practice Days, some previously the Chief Panellist of Planning Panels Victoria (PPV). modernising of the VCAT building and the ‘Project Jaguar’ The two previous PEL HOLs were Julia Bruce and then Richard process reforms. Stuart has been back at the planning Bar Horsfall. The current VCAT President Justice Greg Garde QC was since 2007. appointed in 2012 and has a strong connection with VCAT through his previous role as a leading silk. He has introduced significant Walter Webb was a long-serving TAPT/PAB Senior Member improvements to the operation of the PEL in recent years. who went on to become an AAT (Vic) Deputy President right Deputy President Mark Dwyer has through to 1995. Simon Molesworth AO QC was a Senior Legal featured prominently in the PEL and Member of both the PAB and the was Head of VCATs’ Administrative AAT (Vic), who then returned to the Division (which incorp-orates the Bar and other senior roles. Simon PEL) for five years. The current PEL will be an Acting Justice of the NSW Senior Members are SMs Geoff Land and Environment Court over Code, Laurie Hewet, Ian Potts, 2017. During the AAT (Vic) period, Jeanette Rickards, Michael Wright some key figures in the Planning QC and the retiring Tony Liston. The Division included County Court whole PEL features in the order of Judges Warren Fagan QC, Tony 10-12 full time members and 20-30 Smith and Tim Wood QC, together Greg Garde QC sessional members. with Senior Member Angela Smith. Simon Molesworth AO QC Two other long serving Senior Going back to the TPAT and then working forwards, the TPAT Members straddling the AAT (Vic)/ membership included Francis Lonie MBE, George Robinson AM, PEL who have recently retired are John Kearney QC and Anthony Hooper QC. The inaugural PAB SMs Russell Byard and Tony Liston. Senior Member Max Barr Reports dated May 1983 helpfully lists the PAB membership at also served with both of these tribunals as did Deputy President/ that time as – P Opas as chief chairman, G Mackenzie at deputy Senior Member Rowland Ball. chief, W Webb, R Barton, S Siemon, S Morris and R Howe as Membership in more recent years has featured Senior Member senior members and R Chambers, B Elms, R Gould, A Kinder, I Jane Monk and Members Jenny Moles and Peter O’Leary. Peter Marsden and H Watt as members. Some of them may also have has moved to consulting, whereas Jenny went to consulting been TPAT members. It is a sign of those times that several of and then PPV. Jane moved to senior administration roles and these PAB members had a WW2 war service background e.g. is currently a Director (Innovation and Reform) at the Victorian Walter Webb saw front line service with the AIF, Ron Chambers Planning Authority. fought with the 6th Division in the Middle East/Crete and Basil Elms served in the British Army. …continues over page

VPELA Revue March 2017 / 31 Whilst not intended to be an exclusive list, the following other of Victoria. This would be a great research project for another Senior Members and Members have retired from the PEL – SMs day, which I hope someone else tackles. I acknowledge that two Gerard Sharkey and Tonia Komesaroff and Members Howard highly respected planning advocates were the late Richard Evans Tyrell, John Keaney, Michael Read, Richard Walter, John Quirk, and late Graeme Page, both of whom passed on before their Dr Sylvia Mainwaring, Margaret Pitt, Jane Osborn, David Rae time in sad circumstances. and Des Eccles. The membership of Ian Marsden and Dr Renata Howe featured exceptionally long service from the PAB right [To be continued] through to the PEL period. Note: Philip Martin has been a full time VCAT Member since Please excuse me if I have inadvertently missed any member 2004, with fond memories of Phil Opas having moved his who might have been mentioned above. Admission as a practicing solicitor in 1992. This article is based on information available as at January 2017. All views ‘Word limit’ constraints stop me from discussed the leading expressed are personal to the author. Thanks to those who planning advocates since the late 1960s, but obviously, they have providing editing assistance. also made a major contribution to the planning jurisprudence

VPELA’s State Planning Conference 31 August & 1 September, 2017 Are we there yet? ? The search for a destination in an ever-changing world

The program for our upcoming conference is currently being finalised and as always we are striving to bring you a diverse and exciting program that will energise and inform you.

We will have keynote speakers, practical breakout sessions, great networking opportunities, fun events and recreational activities. Building on the success of last year, we are returning to the scenic Silverwater Resort at San Remo. This venue has outstanding single accommodation, as well as two and three bedroom townhouses.

Situated with stunning views over the water, this is a fabulous location less than 2 hours from the CBD.

32 / VPELA Revue March 2017 Local Government Matters Sack the council!

Julie Davis, Victorian Bar

A little bit of power goes a long way in some cases. In today’s or has failed to comply with an Order the Minister can suspend environment of good Corporate Governance underlying the way the Councillors. Alternatively, the Council and Councillors can be in which organisations conduct their business, we continue dismissed by an Act of Parliament. to see at Federal, State and Local Government levels flagrant breaches of the standard of conduct tax and rate payers are Role of councillor entitled to expect of their elected representatives. It is instructive to note that the roles and responsibilities of The preamble to the Local Government Act 1989 (LGA) provides: a Councillor are set out in the LGA (see Councillor Code of Conduct below). The standards of conduct required of elected (1) Section 74A(1) of the Constitution Act 1975 provides representatives are no more than those that the community has that local government is a distinct and essential tier of a right to expect of all Councillors. government consisting of democratically elected Councils having the functions and powers that the Parliament In performing the role of a Councillor, a Councillor must (S. 65): considers are necessary to ensure the peace, order and (a) consider the diversity of interests and needs of the local good government of each municipal district. community; and (2) It is the role of Councils in exercising those functions and (b) observe principles of good governance and act with powers to work in partnership with the Governments of integrity; and Victoria and Australia. (c) provide civic leadership in relation to the exercise of the (3) It is necessary to ensure that the Councillors who comprise various functions and responsibilities of the Council under each Council are democratically elected by persons this Act and other Acts; and entitled to vote at municipal elections and that the Council (d) participate in the responsible allocation of the resources of is responsible and accountable to the local community. Council through the annual budget; and (4) It is the role of the Council to provide governance and (e) facilitate effective communication between the Council leadership for the local community through advocacy, and the community. decision making and action. (5) It is essential that there is a legislative framework that The LGA enshrines principles of Councillor conduct in S. 76B. A provides for Councils to be accountable to their local Councillor must – communities in the performance of functions and the exercise of powers and the use of resources. (a) act with integrity; and (6) The purpose of this Act is to establish a legislative (b) impartially exercise his or her responsibilities in the interests scheme that supports the system of local government in of the local community; and accordance with Part IIA of the Constitution Act 1975. (c) not improperly seek to confer an advantage or disadvantage on any person. Powers to dismiss General Councillor conduct principles set out in S. 76BA include: Under S. 74B (1) of the Constitution Act 1975, Parliament can make laws with respect to Local Government it considers • avoiding conflicts of interest; necessary); and importantly, at S. 74B (2) a Council cannot be • acting honestly; dismissed except by an Act of Parliament. Parliament can also • treating all persons with respect (including staff); and make laws with respect to the suspension of a Council, the • demonstrating leadership which secures and preserves administration of a Council, re-instatement of a Council, and the public confidence in the office of Councillor. election of a Council (S.74B (3)). Governance documents In the event that the actions of Councils come under scrutiny, S. 209 of the LGA provides for the Minister for Local Government to There are a number of documents incorporating the legislated appoint a Commission to conduct an inquiry into Council matters guiding principles with respect to the manner in which Council’s and provide a written report. Consequent upon the report being should undertake their duties, and in which the role and received, the Minister can make recommendations to the Mayor responsibilities of Councillors are canvassed. of the Council with respect to actions it should take to address issues raised in the Commissioner’s report (S. 218). The LGA sets out the objectives, role, functions and powers of Councils in sections 3C, D, E and F. Sections 63 and 76C If the Minister determines there has been a serious failure to establish a requirement for a Councillor Code of Conduct which provide good government, or if the Council has acted unlawfully; must include Councillor conduct principles. These will generally

VPELA Revue March 2017 / 33 reflect those principles set out The Halliday report in S. 76B and 76BA of the LGA above. (See also the Municipal The report referred to the failure of Councillors to meet the Association of Victoria and City standard of professional conduct required by the Municipal of Greater Geelong (CoGG) Association of Victoria Good Governance Guide; the City of guides noted in the Halliday Greater Geelong (CoGG) Councillor Code of Conduct; the report below.) CoGG Staff Code of Conduct; and/or the CoGG Harassment Bullying and Discrimination Prevention Policy. Quite a bundle In addition, in September 2014, of prescriptive documents but reflecting only what most people The Premier of Victoria, the would consider to be appropriate adult behaviours. Bullying was Minister for Local Government referred to consistently throughout the report. and the President of the MAV entered into “The Victorian State- Local Government Agreement” (VSLGA) to establish principles to Consequent on the Halliday report being made available to the guide state and local government relations on local government public, an independent commission of inquiry was appointed by matters. Agreed principles referred to improved communication; the Government under S. 209 of the Local Government Act 1989. protection of community assets; and sound public governance. Commission of Inquiry into the Greater Geelong City Council In spite of these documents, elected representatives of ratepayers at a local level continue to misunderstand their position; and The inquiry reported on 31 March 2016. The Executive Summary in some cases demonstrate quite unacceptable behaviour in observed that an employer context. This has led to three recent examples of “Council staff have been subjected to bullying, harassment Councils being dismissed. and inappropriate interventions by Councillors pursuing Greater Geelong City Council their own wants and ward interests”. The report concluded that:

Council is substantially dysfunctional; governance and performance is well below standard; there has been a failure to provide good government to the City; and a fresh start is needed.

It therefore recommended that the Council be dismissed and Administrators appointed in its stead; and that the individual ward Councillor system be replaced with multi-councillor wards and the Mayor and Deputy Mayor be directly elected.

The Local Government (Greater Geelong City Council) Bill 2016 was then introduced into Parliament on 12 April 2016; assented to on 15 April 2016 and an administrator appointed by the Governor The Councillor Code of Conduct to which the Councillors of the in Council the same day. No time wasted. A new Council will be City of Greater Geelong Council (CoGG) subscribed includes elected in 2017. the primary principles of acting with integrity, and impartially exercising responsibilities in the interests of the local community. Brimbank City Council The General Principles are an embellishment of the Councillor conduct principles set out in S. 76BA of the LGA.

However, under the Local Government (Greater Geelong City Council) Act 2016, the Greater Geelong City Council was dismissed by only a few words: Section 5 (1) of the Act –

The Greater Geelong City Council is dismissed.

Further: The persons holding office as Councillor of the Greater Geelong City Council cease to hold office. (S. 5 (2))

The Geelong dismissal was not a spur of the moment decision of the State Government. It followed a “workplace culture review” undertaken by the former federal sex discrimination Brimbank waterway commissioner, Ms Susan Halliday (the Halliday report). Under the Whistleblowers Protection Act 2001, an investigation What were the circumstances that brought about the dismissal was undertaken into the alleged improper conduct of Councillors of the Greater Geelong City Council? at Brimbank City Council. The report of May 2009 recited that the whilstleblower had alleged that:

34 / VPELA Revue March 2017 o Councillors directed the CEO to remove funds from a The Local Government Investigations and Compliance project in retaliation for a Councillor’s failure to gain ALP Inspectorate has had cause to investigate multiple pre-selection for the Kororoit by-election complaints relating to councillors, some of which are o A councillor knowingly released a confidential resolution to ongoing. the media; and It has referred many breaches of the councillor Code of o A councillor threatened staff that the budget would not be Conduct, (which are themselves breaches of the Local carried if an allocation of $680,000 was not included for a Government Act 1989), back to the Council to be dealt sporting ground connected to the councillor’s family. with. The inspectorate has independently concluded that the governance and conduct problems within the current The Councillor Code of Conduct adopted as Major Policy in Council are unable to be resolved. April 2016 similarly to the CoGG Councillor Code of Conduct reflects the legislated behaviours set out in Ss. 76B and 76 BA Notwithstanding the Councillor Code of Conduct which had been LGA. The 2009 report however also found a culture of bullying adopted by the Council on 29 April 2013, rampant bullying and and intimidation; obvious conflicts of interest; misuse of power; intimidating behaviour, together with wasting ratepayer funds misuse of council funds and equipment (including pornographic led to the dismissal of the Rural City of Wangaratta Council. material and inappropriate software on Councillor laptops; and The council had failed to meet its obligations to provide a safe expenditure of up to $1000 for their own Christmas gifts). workplace to the extent that the workplace had become toxic, and the Council had wasted $1.5m on councillor dispute procedures, Brimbank City Council was dismissed by Act of Parliament in Councillor conduct panels, legal fees, staff departures and 2009, administrators appointed, and a new Council elected in temporary replacement staff according to the then Minister for October 2016. Local Government.

Rural City of Wangaratta The Council of the Rural City of Wangaratta was dismissed by Act of Parliament in September 2013, administrators appointed and a new Council elected in October 2016.

So much for good Governance in each case.

To be continued…

Julie Davis LLB; Master of Business (Corporate Governance); Accredited Mediator; Certificate IV Training and Assessment (TAE 40110). Barrister experienced in Environment, Land, Water, Planning and Local Government Law. Foley’s List – 9225 7777 or 0412322111. [email protected]

Wangaratta historic post office

The then Minister for Local Government in her second reading speech to the Local Government (Rural City of Wangaratta) Bill (recorded in Hansard 19 September 2013, Legislative Assembly) said:

VPELA Revue March 2017 / 35 The Business Legal world

Joseph Monaghan, Partner and Tess Bowyer, Solicitor, Holding Redlich

Woldeyes v Brimbank City Council [2016] VSC 639 Member Wilson) found that whilst there was a demonstrated need (14 December 2016) for an Islamic School, the existing and long-term operations of Melbourne Airport were paramount. This was an appeal to the Supreme Court of Victoria (constituted by Emerton J) on the grounds that the Tribunal failed to accord the The applicant sought a review of Hume City Council’s decision to plaintiff/permit applicant procedural fairness. refuse to grant a permit for the use and development of land in Oaklands Junction for the purposes of an Islamic primary school The plaintiff/permit applicant had applied to Brimbank City and early learning centre. The land fell within the Green Wedge Council for a planning permit for a 12-dwelling development, Zone, and was affected in part by both the Melbourne Airport which was refused. The zoning of the subject land had changed Environs Overlay (Schedule 1) and Melbourne Airport Environs to prohibit the construction of more than 2 dwellings on a lot, Overlay (Schedule 2). but the plaintiff’s application was exempted under transitional arrangements. This was the last opportunity to approve a multi- The permit applicant submitted that the proposed school would dwelling development on the site. address a demonstrated need for a primary school to cater for the growing community of the Sunni Islamic faith in the area At the Hearing, the Tribunal made an ‘interim order’ providing and that measures could be put in place to attenuate against for the plaintiff/permit applicant to file modified plans for the aircraft noise. Melbourne Airport was concerned about the development to meet particular issues raised by the Tribunal proposed development’s proximity to the airport and its potential throughout the Hearing. The interim order provided that the to prejudice the present and future operations of the airport. Tribunal would decide the application on the material provided to date, and any supplementary submissions received in accordance Council’s grounds concerned the suitability of the use and with the order. No further hearing would be conducted unless development from a policy perspective and that the amenity a party requested or the Tribunal determined that a further created by the aircraft noise was not conducive to primary hearing would be required. school activities. Council argued that there are a large number of alternative sites that would be better suited. The proposed The plaintiff/permit applicant went on to submit amended development was not in an accessible location or integrated plans for a 10-dwelling development. The Tribunal proceeded to within the community, due in part to the subject land falling decide the plaintiff/permit applicant’s application for review ‘on outside a growth corridor. Council submitted that a school should the papers’, and found that the decision of the Council should be located near existing activity centres. The Tribunal observed be affirmed and a permit should not issue. The plaintiff/permit that it must make its decision based upon the suitability of the applicant challenged the Tribunal’s decision on the grounds that subject land for the proposed use and not whether there is a the Tribunal failed to accord him procedural fairness. This was more suitable location elsewhere. The mere fact that the school largely based on the contention that the Tribunal had a duty to was located outside of an activity centre was not of itself a reason inform him if it “considered that there was some other reason to refuse a permit. which warranted an affirmation of the original decision [to refuse a permit] and which represented a departure from the process An objector made submissions at the hearing in relation to the adopted by the Tribunal on 9 February 2016 [the date of the impact on social cohesion by a Muslim complex on farmland Hearing]”. around Sunbury, amongst other things. The Tribunal stated that there was no expert evidence or other material to support the Emerton J observed that the plaintiff/permit applicant may assertions made. There was in fact a social benefit in establishing have been given some confidence that the modified proposal a primary school for those of the Islamic faith. The Tribunal went in accordance with the interim order would be approved, on to find that the proposed use of the land for a primary school however, this did not impose a duty on the Tribunal to involving more than 700 people was an inappropriate outcome communicate with the plaintiff/permit applicant if it identified and had the potential to undermine the long-term operations of a problem with the proposal. The plaintiff/permit applicant Melbourne Airport. was given procedural fairness. Lower Our Tracks Inc v Minister for Planning [2016] VSC 803 Ozzi Trade Pty Ltd v Hume City Council [2016] VCAT 1876 (20 December 2016) (10 November 2016) This decision is of interest because it involved a Supreme Court This decision is of interest because it involves consideration of the challenge to the Victorian Government’s “Skyrail” project. question of need against competing policy outcomes, in this case, the demonstrated need for Islamic schooling versus policy that One of the current Victorian State Government key election seeks to protect the existing and long-term operations of Melbourne promises was to remove 50 of Victoria’s most dangerous level Airport. The Tribunal (constituted by Senior Member Baird and crossings. As a part of meeting this commitment the Government

36 / VPELA Revue March 2017 announced it was providing an elevated section of railway had been delayed so as to avoid political controversy prior to between Caulfield and Dandenong stations dubbed “Skyrail”. announcing the preferred tenderer for the project.

To implement key elements of the planning controls for the LOTI’s claim against the Minister’s exemption decision was project, the Minister for Planning used the discretionary power based on the following grounds: unreasonableness, irrationality given under s20(4) of the Planning and Environment Act 1987 (Vic) or illogicality; improper purpose; and fettering of discretion. and exempted himself from exhibition and notice requirements Ginnane J found the Minister had addressed the preconditions associated with a planning scheme amendment to nine planning contained in s 20(4) and gave reasons as to why he considered schemes concerning works near and incidental to the railway. that they existed. Those reasons did not reveal the errors which The Minister is lawfully able to exercise this power so long LOTI alleged. There was no substantial evidence that the Minister as he considers that compliance with those requirements is acted with an improper purpose or had fettered his discretion. not warranted or the interest of Victoria made an exemption With respect to unreasonableness, irrationality or illogicality, appropriate. Lower Our Tracks Inc (LOTI) sought to establish that the Level Crossing Removal Authority had consulted with the the Minister erred in providing himself with the exemption. LOTI community and affected persons about the implementation of argued insufficient consultation had occurred in relation to the the project which included the elevated rail design. Whilst the switch from an under-rail design to an elevated railway line. It Minister had not consulted in relation to his decision to exempt, was alleged the public announcement of the decision to switch he was not obliged to do so.

VPELA new Board members profiles

Carlo Morello VPELA events. With a varied background myself, from acting in Associate, Traffix Group theatre, to nursing in remote locations and accidently enrolling in archaeology, I have found a passion in heritage and enjoy the For those of you who haven’t met me, swings and roundabouts of the consulting world. I am proud to I am a very enthusiastic (and also very call Melbourne my home after moving here from Adelaide over excitable) traffic engineer who is very 20 years ago, (although I will never stop supporting Port Adelaide honoured to have been successful in my Football Club). A passionate urbanite, I feel strongly about campaign for a VPELA Board Member liveability and using local facilities. Some of you may know I am position. a devoted Parkrunner – and am making the effort to run most of the free 5km Parkruns on offer around Victoria. A free weekly I’ve been with Traffix Group for just on two years, traffic engineering event run by volunteers that use local parks – this is an example for over eight, I was in the VPELA YPG Committee for five of those of community using spaces that I would like to see more of – I years, and, until last year, acted as convener of the committee for hope to see some of you at them – you can walk or run! the most recent three. In 2015, I received the VPELA YPG Award and used my award to travel to Europe and look at metro rail and David Vorchheimer tunnelling projects in Spain, Italy, UK and Copenhagen. Partner, HWL Ebsworth

But I’m not just a traffic engineer. I have a passion for the I am a town planner, lawyer, father planning industry as a whole (not just the traffic and transport of four and somewhat of a self- components) and have recently started a Masters in Urban and professed ‘planning nerd’. I currently Environmental Planning to expand my understanding. balance (or juggle) life as team leader of HWL Ebsworth Lawyers planning There is a strong undercurrent in VPELA to teach, learn and team in Melbourne, together with collaborate that appeals to every part of me, and I am very commitments to family, sport, VPELA excited to be able to contribute to it. and many community causes. I am an avid triathlete and always up for a challenge. My approach to my career has always been Oona Nicolson one of tackling matters ‘head on’. This has seen me take on a Director & Principal Heritage Advisor, diverse range of roles across State and local government and Ecology and Heritage Partners private industry over the past 20 years.

I have been a consultant in heritage for I am passionate about planning and the environment and have over 20 years now and predominantly sought throughout my career to try and give back to the industry, work in Victoria. Joining VPELA many through ongoing involvement in industry organisations including years ago gave me a great insight into VPELA, PIA and ISV. the industry on a broader scale and along the way I have been inspired Over the coming term I look forward to contributing further to by the many vibrant and eclectic personalities that I meet at the great organisation that is VPELA!

VPELA Revue March 2017 / 37 The Business How to interpret a restrictive covenant Matthew Townsend Victorian Bar

It’s been over a decade since the introduction of the Planning knowledge of such of the surrounding circumstances and Environment (Restrictive Covenants) Act 2000 that, as one as are available. These circumstances may be limited government lawyer lamented, has transferred the primary to the most obvious circumstances having regard to the regulatory burden for interpreting and enforcing restrictive operation of the Torrens system of title by registration. covenants onto local councils. That is, relevant facts must be readily ascertainable by an examination of the register kept by the Registrar of Titles; Despite the passing of this time, there remain common (d) the words of the covenant should be construed not in the misunderstandings about how to construe restrictive covenants abstract but by reference to the location and the physical in applications to modify restrictive covenants. characteristics of the properties which are affected by it, and having regard to the plan of subdivision and, It is timely then, for a short refresher on how to interpret a depending on the evidence, possibly having regard to restrictive covenant. corresponding covenants affecting other lots in the estate; We are assisted in this task by a recent decision of the Supreme (e) because the meaning of particular words depend upon Court: Clare & Ors v Bedelis [2016] VSC 381 in which the Court their context (including the purpose or object of the had to determine whether a dwelling in Wheelers Hill was “more restriction in a covenant) cases that consider similar than one storey in height”. words provide no more than persuasive authority as to the meaning of words in a different document. For The case involved an application for an injunction to stop the this reason, the decisions upon an expression in one completion of a dwelling that was being built on sloping land, instrument are of dubious utility in relation to another; with views of the Dandenong Ranges. (g) if the meaning remains in doubt after other rules of interpretation have been applied, as a last resort or ‘very The plaintiffs claimed the defendant was erecting a dwelling that late resort,’ the covenant should be construed contra was more than one storey in height and lead evidence suggesting proferentem, that is, against the party who promises to there were two levels in the house under construction, including perform the obligation in the covenant; one at the lower level comprising a garage, cellar, workshop and (h) whether a covenant has been breached or not is a utility rooms, including a toilet. question of fact to be determined according to the facts of the case and in light of the actual language in which the The Defendants, however, argued the Covenant could only be restrictive covenant is framed; and construed in the context of the surrounding topography, the (i) generally speaking, the proper construction of an pattern or scheme of covenants transferred out of the parent instrument intended to have legal effect is a question title and the location of the beneficiaries. of law, not fact. On the other hand, the meaning of a particular word or expression in such an instrument In his decision Derham AsJ, listed the principles of construction may be a question of fact, particularly where the Court to be applied when interpreting a restrictive covenant. His honour has already determined as a matter of construction found: that the word or expression is used in its ordinary and (a) subject to the qualifications mentioned below, the ordinary natural meaning. principles of interpretation of written documents apply, that is the object of interpretation is to discover the intention of the parties as revealed by the language of the document in question;

(b) the words of a restrictive covenant: (i) should generally be given their ordinary and everyday meaning and not be interpreted using a technical or legal approach. Evidence may be admitted, however, as to the meaning of technical engineering, building or surveying terms and abbreviations; (ii) must always be construed in their context, upon a reading of the whole of the instrument, and having regard to the purpose or object of the restriction; (c) importantly, the words of a restrictive covenant should be given the meaning that a reasonable reader would attribute to them. The reasonable reader may have More than one storey in height?

38 / VPELA Revue March 2017 Applying these principles to the dwelling under consideration in Importantly, these principles of interpretation apply to applications the context of the surrounding site context, his Honour found that to vary covenants, or for declarations as to construction, made the dwelling in question was “not more than one storey in height”. pursuant to both the Planning and Environment Act 1987 and the Property Law Act 1958. The key task then, is to understand the agreement by reference to the document as a whole, in the context of readily identifiable Matthew Townsend, barrister, maintains https://restrictive- features of the land and the locality, to ascertain objectively, what covenants-victoria.com/ an on-line resource for cases, the parties were endeavouring to achieve. Had the Court taken a precedents and materials about modifying or removing narrower view of the covenant and looked solely at the building restrictive covenants in Victoria. under construction, the outcome may have been different.

The Business Heritage fabricated

Jim Gard’ner GJM Heritage

Boroondara Amendment C229 Hague Convention for the Protection of Cultural Property in the – a leap back to the 1970s? Event of Armed Conflict, 1954 (the Hague Convention) or the Convention Concerning the Protection of the World’s Cultural and The 1970s conjure up a number of things in our minds, the Natural Heritage, 1972 (the World Heritage Convention) the Burra Dismissal, the abolition of the last remnants of the White Charter has been influential beyond our shores through the Australia migration policies, Number 96 on our new colour establishment of the ‘Burra Charter Process’ which in turn has televisions, the energy crisis and rampant inflation. In the lead to the development of the Conservation Management Plan heritage field this turbulent decade is capped off by the adoption as a primary tool for implementing the charter. of the Australia ICOMOS Charter for the Conservation of Places of Cultural Significance in Burra, South Australia. So what does this have to do with Boroondara Planning Scheme Amendment C229? Now the document just known as the Australia ICOMOS Burra Charter is a world-leading document in guiding the Boroondara Amendment C229 seeks to implement a revised management of change to historic (non-Indigenous) heritage Local Planning Policy Framework (LPPF) including a Municipal practice. Although, not an International Convention like the Strategic Statement (MSS), local planning policy section and consequential changes and updates to planning controls. Contained within this amendment, which contains many sound policy updates, there are changes to heritage policy that are implicitly trying to turn back the clock in heritage practice to before the adoption of the Burra Charter in 1979.

Beneath this seemingly benign cloak this amendment redrafts critical policy within Clause 22.03 – ‘Heritage Policy’ that turn established heritage practice and conservation philosophy on its head – to the extent the independent Panel described the changes as a ‘pendulum shift’. In particular the changes to Clause 22.03 proposed in Amendment C229 discourage contemporary design responses and activity encouraging historicist design approaches.

Changes made to the amendment by Boroondara City Council’s Urban Planning Subcommittee on 1 June and 7 December 2015 in response to public submissions included:

• Removing references throughout the policy which encourage new Fogg Art Museum (1925) and the Werner Otto Hall (1991), Harvard University. alterations and additions to heritage buildings to be ‘modern’ and clearly distinguishable from the original heritage fabric.

VPELA Revue March 2017 / 39 • Updating the definition of ‘interpretive’ at Clause 22.03-6 – Definitions to remove the expectation that design and materials in alterations and additions to heritage buildings should be ‘modern’, and instead that design and materials should be sympathetic and blend in with the heritage character of their surrounds.

• Making the revised Heritage Policy more explicit in its support for replication of historic forms and detailing.

While superficially appealing, this once common approach of replication can distort the significance of a heritage overlay precinct or place and render it unreadable by even the trained eye. In a naturally conservative municipality such as Boroondara it is understandable that this approach is appealing to the community and city councillors alike, many of whom may distrust or even fear contemporary architecture and the shock of the new it brings with it.

There are, however, sound reasons why the Burra Charter includes articles such as, the oft quoted, Article 22 – New work:

22.1 New work such as additions or other changes to the place may be acceptable where it respects and does not distort or obscure the cultural significance of the place, or detract from its interpretation and appreciation.

22.2 New work should be readily identifiable as such, but must respect and have minimal impact on the cultural significance of the place. Former Esprit de Corps, Abbotsford (1911 and 1984). The explanatory notes to Article 22 go on to state:

New work should respect the significance of a place including building and roof forms, proportions, colours, detailing through consideration of its siting, bulk, form, scale, and decoration. character, colour, texture and material. Imitation should generally be avoided. I would argue that such a definition would not even accord with the typical Boroondara resident’s understanding of the While replication does have its place, for instance it would be word ‘interpretive’ let alone that of the architects and planners appropriate to accurately reconstruct a terraced house in an operating in the municipality. Award winning design or even the intact row where it had been lost to fire or other catastrophe, ‘high quality sympathetic design’ is unlikely to be achieved with it should not be the default design response as this mimicry such restrictive a provision. will portray a sanitised and ‘fake’ history. At worst this ‘Disneyfication’ is trying to create the lost idyll of suburban It is too easy to forget that the heritage places we value as a Melbourne that residents view as at risk from the foreign society today and recognise through statutory listing were the excesses of ‘modern architecture’. contemporary architecture of their time. While the architects of the nineteenth century and early twentieth centuries were Considered by Planning Panels in March last year at the time happier to overtly draw on the Gothic and Classical traditions of writing Boroondara C229 was still under consideration by than they are today, they did not slavishly replicate the churches, the Minister for Planning. In its report, the independent Panel public buildings and housing types of Great Britain, Europe and considered that this ‘pendulum shift’ has gone too far concluding the Americas. Instead they freely combined traditional forms that: and styles and adapted these to the Australian environment and context, creating the Victoria and Edwardian-era architecture so Policy ‘silence’ on modern [architectural] forms is not a flexible valued today. policy; it is a policy vacuum that the Panel considers should be addressed. This policy should be more balanced and provide While contemporary architecture may not be to all tastes, it does opportunity for a variety of design solutions, including both reflect design thinking today, and the best of it will become the imitation and modern. heritage of the future. Policies such as that proposed through C229 will stifle innovative solutions to integrating the old with This advice was – in my view – sound and recognised the need the new and will portray a false history to residents and visitors for imaginative and contemporary design responses that go alike. I for one hope that the changes proposed to heritage policy beyond, what Boroondara Council sought to achieve through the within Boroondara Planning Scheme Amendment C229 do not redefinition of ‘interpretive’ design as: serve as a model for other municipalities. Means design and materials that are sympathetic to and Jim Gard’ner is a registered architect blend in with the heritage character of their surroundings and director of heritage consultants GJM Heritage.

40 / VPELA Revue March 2017 The Fast Lane with Henry Turnbull

What is the St Kilda Road Henry Turnbull, landscape value worth? Traffix Group

The recent intervention by the Federal Government in placing From a transport perspective the additional rail capacity, both sections of St Kilda Road on the National Heritage List has again within the project corridor and in the City Loop, is an essential drawn attention to the massive scale and potential environmental element in the transport solutions for future Melbourne. But impact of the Metro Tunnel Project. at what cost? Are we causing generational damage to one of Melbourne’s treasures in order to save money? The Age newspaper reports that the controversial decision was prompted by a joint submission from well-known former Hawke Perhaps the Federal Government will be prepared to provide government minister Barry Jones, who said St Kilda Road is some funds to the project to offset the possible additional costs and deliver a win-win solution. unquestionably the most important street in Australia in heritage terms, and Tom Harley, who is chairman of the Liberal think- We are told that constructing Domain Station deeper underground tank the Menzies Research Centre and was the chair of the via a “mined cavern” method would still require much of the St Australian Heritage Council. Kilda Road station footprint to be excavated and would be more expensive and perhaps take longer. It is understood that the St Kilda Road precinct, which includes the Shrine of Remembrance and its gardens, was cited as one of I for one prefer to pay the cost in dollars rather than landscape the richest urban cultural landscapes in Australia. value: one which even though likely to be reinstated with advanced fast growing trees will not be returned in my lifetime! The emergency heritage protection is thought to provide a temporary reprieve for about 100 trees in the St Kilda Road The recent Metro Tunnel decision to use the low tunnel option, corridor but more than 200 other trees are likely to be removed, i.e. pass under rather than over the CityLink tunnels has saved some 60 trees in Tom’s Block (opposite the Victoria College of particularly as a result of the cut-and-cover construction of the the Arts) as it avoided the need to cement reinforce the ground Domain Station. around and above the rail tunnels leaving it unsuitable for tree The construction area around the Domain Station is shown on growth. I understand that this is at a higher cost. the Metro Tunnel Project plan below. Perhaps there is a similar outcome possible at the Domain Station precinct? The heritage listing may not prevent removal of the trees as Federal Government approval of the project was granted in 2015 Henry Turnbull is a Consulting Traffic Engineer but it does give cause to reflect on the impact of the project. and a former President of VPELA

VPELA Revue March 2017 / 41 The Business How to improve accuracy in

3D photo-montages for VCAT Stan Zaslavsky Eagle Vision

There is a bit of mystery around how the 3D renders of develop- advantage of a stereo picture is that we can see where objects ments are turned into accurate streetscape photo-montages, or are in relationship to us with much greater precision. So, the images that have 3D content super-imposed on them. Are these depth dimension is much better perceived and understood with an accurate representation of what the streetscape will actually stereoscopic vision rather than monoscopic or one camera view. look like when the development is completed? Perhaps in the future, as technology and Virtual Reality (VR) In this article, I wanted to clear up some of that mystery and devices evolve, there may be a case for presenting “real” built discuss that their primary use is more about them being a scenario evaluations if the proposed building can be placed into “before” and “after” scenarios, which are often used by which the streetscape scenes and stakeholders utilise a VR headset VCAT members in their assessments. to see the developments in stereo. But, for now, the rendered 3D images are only being asked to show a “before” and “after” The focus in this article is about the underlying assumptions that scenario; as 3D photo-montages are currently presented to the are being made to enable the 3D-produced images to be used as stakeholders either as printed or digitally-delivered flat images. effective assessment tools.

Feature image – proposed development with landscaping. Camera view from 3Ds max with surrounding buildings added. Photography and choice of camera lens Visual interpretation of 3D photomontages Photography of the “before” scenario forms an essential What is asked of the 3D photo-montage renders is to simulate element to the 3D montages. Ideally, as the images are being physical reality. The aim is to show the view of the development used to evaluate an overall streetscape context, a wider lens is that a person walking along the street would see; and the typically used to capture the streets. kind of visual impact that would be felt from viewing this proposed development. Thus “barrel distortion” of the lens becomes a factor to consider. If the lens that is used is too wide (i.e. 14-16mm), straight lines However, one main challenge around flat digital images is that towards the outer edges of the frame will start to visibly curve they will typically have one point of focus and will be developed inwards. In simple terms, the wider the lens, the moredistortion using a single camera field of view. The reality? We have two eyes plays a factor on the outer edges of the photo - distorting straight - two “cameras”, if you like - and we see objects in what is called lines and affecting our “depth” perception of how far away objects “stereoscopic” view. With the eyes side by side, each eye takes a are from the camera. view of the same area from a slightly different angle. When the two images arrive simultaneously in the back of the brain, they The commonly accepted fact is that the human eye has a are united into one picture. focal length of between 20-22 mm. What this means is that, in The mind combines the two images by matching up the appropriate circumstances the photo camera should simulate similarities and adding in the small differences. Those small That is. to provide us, the viewers, the widest content of the differences between the two images can add up to a big difference street, without too much distortion that may affect vertical lines in the final picture. The combined image is more than the sum and change our perception of the impact of the subject site on of its parts. It is now a three-dimensional “stereo” picture. The the streetscape.

42 / VPELA Revue March 2017 Survey instructions.

commonly accepted averages. As humans, we tend to relate View align 3D photomontages for VCAT. certain perceptions in our mind that allow us to judge quality of objects, visually. For example, size, shape, colour, distance, The subject site, however, is typically the focus and positioned at location and other qualities of objects – in our minds. We have the centre of the lens. The curvature of the lens at its centre is certain assumed perceptions which allow us to understand the its flattest section, with negligible distortion to the straight lines overall quality of the scene. Consequently, when we see people of the proposed building. This helps us understand the overall in the street, we have a certain perception in our mind about their perception of the development. The objects on the outer edges height and relative heights of other objects. of the photo will become distorted if the camera lens which is In Australia, according to Wikipedia, the average male height is used gets further and further below 18mm in order to get more 175.6 cm, whereas an average female height is 161.8cm and as streetscape into view. the ratio is roughly 1.09 males to 1 female – we can calculate an Another key to photography is whether your camera is “full average height of a typical person in the street to be around the frame” or if the photo is going to be cropped by the camera sensor. 1.7m mark. By understanding that, we can then appreciate that If you are using a crop frame camera, the sensor is cropping the recommended camera point height for VCAT photography is out the edges of the frame, which is effectively increasing the ideally between 1650 to 1700mm off the ground, where a “typical” focal length. The amount of difference in the field of view or focal person would be viewing the streetscape context. The practice length with a crop sensor is measured by its “Multiplier.” For note from VCAT has an allowance to vary this height, provided example, a Nikon APS-C crop sensor has a 1.5x multiplier. there are very good grounds for it and they are explained in the “Statement of Methodology” report. A “full frame” camera means that it is more equivalent to a 35mm sensor when the cameras were using film, rather than Similarly, for streetscape composition in the “before” photos, digital. However, the more important factor to understand is that if we can see cars or people in the street photos, the overall the full frame camera is probably more representative of the building scale can then be estimated based on our assumed human eye vision because there is less cropping if the lens that perception of the heights for typical real objects. is used is between 20-22mm focal length. Accuracy in survey driven 3D photomontages As an example of a photo with a crop frame camera that is using a 20mm focal length is that, after the Multiplier effect is applied To accurately deliver the “after” view of the proposed development, to a Nikon APS-C crop sensor, the photo would be equivalent as physical reality is simulated in digital 3D space for matching the if taken by a 30mm focal length lens (20mm x 1.5 = 30mm). The virtual space to the photo. There are certain constants about real impact of this is that the photo could be creating more of the space, like AHD survey levels of neighbouring properties, a zoomed-in view of the streetscape, with objects closer to the immediate terrain details and the like. These constants are then viewer than normally would be perceived by a human eye. modelled in 3D space to match the development to the photo. Camera height and streetscape composition As a major prerequisite to the practice note PNVCAT2 that governs the delivery of photo-montages, a survey of the camera points is If the 3D photo-montages are then to be used as analysis tools an absolute essential. The reason for this is that, knowing the – we need to have some basic ‘identifiers’ to taking photos position of the camera, the camera can then be created in digital that would be ‘typically’ accepted as normal. To do this – a space with the same settings and positioned accurately related commonly accepted method is to evaluate height and distance to datum objects in the survey – information that governs the and other qualities of objects based on something called location of the 3D digital model of the development. “subjective constancy”. Surveyed markers from the streetscape are also placed in Subjective or perceptual constancy is about understanding digital space based on the AHD details relevant to the datum that people have a certain perception of an object, based on and blocked out shapes based on these markers are created

VPELA Revue March 2017 / 43 to simulate shapes in the photo. Once the background photo is positioned in 3D space are towards the outer edges of the frame, placed in the digital space, the view from the 3D virtual camera then we can’t expect them to match up unless the virtual camera placed in the shot can be rotated until the markers and blocked also has vertical lines correct. Even then, though, the matching out shapes align with the same points on the photo. will most likely not be 100% accurate. In these cases, we need to match the markers that are closest to the proposed building, When these match, the model of the proposed development because those will be less distorted in the photo and thus won’t is then assumed to be in correct location per the overall be tweaked by Photoshop when the lines are being straightened. streetscape; because the neighbouring markers are matched up to the photo. In summary In this process, the only time where this may become affected, From some of the above factors, I hope it is understood that accuracy is if the background photo needs to be manipulated in any way in 3D photo-montages is not such a straightforward exercise and - for example, if vertical lines are corrected for appearance some assumptions need to be made in order to effectively use purposes. As discussed earlier, when a photo is taken at less the 3D images as assessment tools for visual impact studies. than 20mm focal length, the objects on the extreme edges of the If these assumptions are clearly dealt with in the statement of lens, as discussed earlier, start to appear as if they are leaning, method-ology reports and then understood by the stakeholders in and straight lines may get curved (because of the effect of the mediation, the photo-montages can work to achieve their purpose. lens). On the other hand, when we see objects in the real world, our mind automatically corrects these effects and keeps straight Future technology advances may bring Virtual Reality with lines straight. To simulate this, often the background photo is the ability to visualise developments in proper 3D space with adjusted to remove the distorting effect of the wide lens. headsets that will allow us to view them in full stereo. Until then, we will need to offer the best we can being the ‘before’ and ‘after’ The impact of this needs to be considered because on one side, scenario using 3D photo-montages. the expectation from the visuals is that the photo should have minimum tweaking done to it, but, on the other hand, presenting Watch this space. a photo with buildings leaning over ‘doesn’t look right’. The compromise is to straighten the verticals and use the original To your development success. photo to show a “before” and “after”, when the vertical lines have Stan Zaslavsky is the Principal of Eagle Vision, a 3D and already been straightened in the photo. photogrammetry visualisation practice specialising in the property industry. However, for camera-matching in 3D space – if the original photo had verticals corrected, but the surveyed markers that are

VICTORIA

44 / VPELA Revue March 2017 Seminar Moot court

John-Paul Maina, Impact

After months of preparation by members of the VPELA Board, To kick off proceedings, Tamara Brezzi introduced the event, and ably assisted by leading practitioners, members of the tribunal, set the stage for Adrian Finanzio SC who shared his views on an eager group of young professionals ready to put their skills the origins of mooting and its role in the development of young to the test and an audience that had registered in droves to professionals. Justice Greg Garde AO RFD then followed and attend and witness VPELA’s Inaugural Moot Court, the moment reflected on memorable performances from advocates and had arrived. experts of past years, and confirmed VCAT’s ongoing support of the VPELA Moot Court. The Case: The formalities concluded and the young professionals Application for review for the use and development of 91 Bluff proceeded to their respective court rooms to argue their cases in Road, Black Rock for the purposes of a child care centre. front of a sold-out crowd.

The Key Issues: The participants were finally at the last hurdle of what had been an enriching experience that had been peppered with a host of 1. The proposed use does not comply with the objectives of emotions from trepidation to delight. Clause 22.07 (Discretionary uses in a Residential Zone) of the Bayside Planning Scheme on the basis that the site is not Broadly, there were apprehensions around presenting before on a corner, is not located on the periphery of a commercial a sold-out crowd of peers and leading practitioners. Would area and is not generally near other similar community and the participants execute their performance flawlessly? If not, support facilities. would they subject themselves to critical feedback before their 2. The proposed building does not comply with Clause 22. 06 peers at the expense of their reputations? and for those that (Neighbourhood character policy) of the Bayside Planning had historically viewed a case from one perspective, be it as the Scheme and the objectives and guidelines of Precinct E4 on applicant or as the responsible authority, would they be able to the basis that the design, finish and screening treatments of convincingly argue their case and own the alternate persona? the building will create visual bulk. These apprehensions were however balanced out, if not 3. The proposal does not comply with the design objectives of overcome by the positive motivations that had lead this group of Clause 43. 02 (Design and Development Overlay, Schedule young professionals to sign up to the event. Their motivations 1) with regards to the height of the ground floor to first floor ranged from a conscious need to both test and discover their finished floor level which exceeds the 3. 5 metre preferred personal presentation style, a desire to obtain a first person height and this further accentuates the visual bulk of the understanding of the VCAT process and carriage of a file from building. start to finish and for those with previous experience at VCAT, an 4. The anticipated number of vehicle movements generated by opportunity to refine skills and showcase, if you may, capabilities the use will impact adversely upon the safety and function of to an audience that included peers and leading thinkers. the surrounding road network; 5. The anticipated level of noise generated by the use will impact At this final hurdle, and with the benefit of feedback and coaching adversely and unreasonably upon the amenity of dwellings in from leading practitioners assigned as advocacy coaches and the immediately surrounding residential area. expert witness mentors, as well as invaluable advice from moot mentors, Adrian Finanzio SC and Nick Tweedie SC, the young The Cast: professionals were as ready as they could be.

A group of young professionals, comprising: The delight of having prepared well for the case was soon evident as the proceedings commenced, and without exception, each Advocates: one of the participants delivered a credible case in support of their position. At the end of the proceedings, Adrian Finanzio SC Eliza Minney / Gabby McMillan / Isabella Kelly o and Nick Tweedie SC were at hand to provide constructive and / Stephanie Gale tangible tips to the participants on areas for improvement as did Experts: the tribunal members, both in the formal setting of the court rooms as well as informally as the crowd networked over drinks and nibbles at the end of the event. o Planning: Sarah Macklin / Andrea Pagliaro Traffic: Peter Malley / Carlo Morello o Without a doubt, the pre-event apprehensions were exposed The scene was set! The ‘mock hearing’ was about to commence as baseless, and it was unanimous from all participants that before sitting members of the tribunal. the VPELA Moot Court was a remarkable experience that had

VPELA Revue March 2017 / 45 delivered tangible and immediately transferable benefits to their As for whether the decision was in favour of the applicant or the skill sets and their approach to their practise, and worth a ‘highly responsible authority, the jury is still out. One thing is however recommended’ tag. certain, the VPELA Moot Court was a resounding win for the planning industry. I encourage anyone with a desire to improve their skill set or showcase their capabilities to an audience of peers and leading John-Paul Maina is Director at Impact. thinkers to express an interest and participate in following A traffic and transport engineering consultancy. iterations of the VPELA Moot Court by submitting an EOI to the VPELA Office C/- [email protected].

Seminar Interview with the Minister

Oona Nicolson Ecology and Heritage Partners

“Give me a child until the age of seven, justice and social work. So it is very apt that his life has been so and I will show you the man”– Aristotle strongly focused on public service in Victoria with his long and (often attributed to Francis Xavier) varied career.

Everyone looks forward to Minister Wynne’s address to VPELA We heard of the more current challenges, such as population each year, an event that signals the start of the year’s seminars. growth, the increase in the homeless, the minimum apartment This year, the sell-out event was a little different, an interview standards, and expansion of the outer urban areas; and how with the Minister, rather than a formal address. With Tim Biles the middle ring suburbs need to adapt. How does he ensure and Tamara Brezzi conducting the interview, the crowd sat back that all the different levels of government and the different to enjoy a half hour of our very own “Parkinson” live show. development authorities talk to each other to ensure they are all on the same page? Delving into the beginnings, where all good stories must start, we heard of the Minister’s early life in inner Melbourne, living The Ministers answers were refreshing and honest in the mere streets away from the mass slum clearances that took interview style. There was less restatement of government policy place in Melbourne in the 1950s. Clearly, this has had an effect and more open discussion and discovery of what sort of man the on him; as his life has been strongly focused in areas that are Minister is. The audience clearly enjoyed the interview format, related: to the community, to a sense of place, to those with no and there was much discussion afterwards at the drinks of how voice and to liveability in an urban environment. entertaining the format was. Our thanks are extended to the Minister for being a wonderful guest and to the interviewers for Like a lucky few in life, we discovered the Minister was positively the evening, Tim Biles and Tamara Brezzi. influenced from a young age by two teachers (priests) with a strong sense of social justice. This no doubt influenced him in Oona Nicolson is a Director at Ecology and Heritage Partners, his early decisions to study and work in the areas of criminal which sponsored the Minister for Planning seminar.

L-R: Tim Biles, Message Consultants, & Tamara Brezzi, VPELA President A sell-out event. interview Minister Wynne.

46 / VPELA Revue March 2017 Simon Martin, Rhianna Waugh & Claire Whelan. Andrew Thornton, Oona Nicolson & Lew Sayer. Anna Borthwick, Hannah McBride-Burgess & Simone Jackson.

Donna Taylor, Jodie Kennedy, Nevan Wadeson Alicia Burnett, Tania Quick & Jon Brock. David Song, Lucy Eastoe, Jenelle Cramer, Tania Cincotta, & Max Shifman. David Passarella & Irene Plakidis.

The Business VPA CEO Peter Seamer steps down

Peter Seamer

Jude Munro AO, Chair, Victorian Planning Authority has Peter has led the VPA’s efforts to replicate this same professional announced that the CEO of the Victorian Planning Authority approach to strategic planning in many middle and inner city (VPA), Peter Seamer is stepping down from the role as of Easter. projects they are now progressing, in areas like the Arden Precinct, the Monash, La Trobe and Sunshine Employment The driving force behind first the Growth Areas Authority (GAA), clusters, and strategic sites throughout Melbourne and key Metropolitan Planning Authority (MPA) and now the VPA, regional areas. Peter has been instrumental in planning 60 new well-designed and liveable suburbs and employment areas in Melbourne’s The VPA is also leading the land use planning in Bacchus Marsh growth areas. and Jacksons Hill, Sunbury.

Peter Seamer took the helm of the GAA shortly after its creation Peter Seamer has had an outstanding career of public service in 2006. The GAA was originally established to address the with highlights including: lack of coordinated planning and development across Melbourne’s Greenfield sites that had led to many under- • CEO of Federation Square during its building phase and its serviced dormitory suburbs. first few years of operation.

The GAA and its successor organisations have worked hand in • CEO of several cities, including Essendon, Greater Bendigo, hand with councils and developers to create a Greenfield sector Whitehorse, and the City of Sydney. that now leads the country for affordability, diversity and design. Peter Seamer advised the Government of this move mid last One of his finest achievements has been helping keep the dream year and will remain CEO until 13th April. An executive search of home ownership alive in Melbourne for many homebuyers for a new VPA CEO is now underway. in well planned areas with access to new and improved VPA media release infrastructure. Serviced lots sell for $200,000 less in the growth areas of Melbourne than they do in Sydney. VPELA Revue March 2017 / 47 Seminar VPELA Young Professionals

Development Series Matthew Law, Taylors, 2016 in review YPG Committee

2016 was another exciting year for the VPELA YPG. Together with environmental and cultural heritage issues in revitalising this its sponsors, the YPG again hosted a Professional Development urban environment. All speakers provided a great insight into the Series comprising of three master classes focussing on key persistence and vision required to navigate through these issues professional and personal skills for young professionals. The and the novel solutions that can be reached when required. interactive sessions sought to assist young professionals to stand out in their field, immerse themselves in the industry, project a The second class on Public Speaking was presented by Sarah pathway for their future careers and stay healthy whilst doing it. Denholm from ImproveYourPublicSpeaking.com who is a full time public speaking coach. Sarah discussed the range of The Development Series commenced in October through to common pitfalls in public speaking and attendees were given November 2016 and focused on the following three themes: the opportunity to learn and test out important skills and tips for speaking and presenting in public. Sarah provided a range of tips 1. Urban upstarts solving unique project challenges on the mannerisms and gestures that can be incorporated to 2. Public Speaking deliver a more confident and persuasive presentation. At the end 3. Mental Health of the class, the young professionals were given the opportunity to provide a short presentation on a random topic to practice the The first class focussed on urban upstarts and revitalisation skills and techniques learnt. projects that have unlocked Melbourne’s potential through innovative and creative solutions. The class was held at the old The final class was a mental health breakfast chaired by Siteworks building in Brunswick being a revitalisation project Natasha Swan, a VPELA board member. Over breakfast at itself which acted as the perfect venue for the topics of the Cardno, attendees took some time out to hear from mental night. Speakers included Esther Gretton from Thrive Consulting health ambassadors on their experiences and how we can find to discuss the St Jeromes hotel project, Frank Giorlando to ways to be more mindful and resilient as young professionals. discuss the Yarralink Project, Joe Norster from Siteworks and Insightful and educational speakers John Hopkins and Dr Adrien Kate Dundas from 3000 Acres and Planisphere. The speakers Medhurst helped us to tackle the stresses and pressures of discussed the key challenges their projects faced and how they everyday professional life. took a different approach to the norm in finding a solution. Esther described the range of challenges that arose in establishing The YPG would like to thank all the speakers, sponsors and the St Jerome’s ‘glamping’ accommodation above Melbourne attendees for making the 2016 series a great success. The YPG Central Station and the range of authority approvals, engineering looks forward to further enhancing the practical skills of young issues and practical challenges that were overcome. Frank had professionals in 2017. Please keep an eye out for all the events similar experiences with the Yarralink Project in navigating the and Seminars planned for the year ahead.

YPG Committee 2017 Twenty-sixteen (2016) was an incredibly successful year for This year, we are endeavouring to facilitate the following: the Young Professional Group. We covered topics varying from climate change to mental health, and are looking • Several VPELA Seminars, designed to expand our members’ forward to ever growing engagement with the VPELA and YPG knowledge and understanding of planning issues, delivered communities in 2017. throughout the year; • The Young Professional’s Development Series. This year, This year sees a transition in the committee membership, with our professional development series will focus preparation, new convenors and a number of established contributors opting presentation and delivery of expert evidence; to ‘pass the baton’. With a fresh perspective and new ideas, the • The Nexus Ball to be held in October/November; and group hopes to continue its legacy of holding excellent, engaging • Our annual YPG end of year function. and informative events.

48 / VPELA Revue March 2017 Rachel Green – Rachel is a Senior Adviser in DEDJTR’s Sector Development Division. Her role involves the development YPG Committee 2017 of sector-specific strategies in consultation with key industry stakeholders and agencies. This role follows her time at GM Holden and Clayton Utz. James Dear, YPG Co-Convenor James is a project engineer with boutique traffic, transport and waste consultancy Bronwyn Woodgate – Bronwyn is an One Mile Grid. James has played a lead environment and planning lawyer in the role in delivering projects ranging from Projects & Real Estate team at King & Wood townhouses through to windfarms, and Mallesons. She works on a range of large- assisted with the development of structure scale transactions for local and international plans in growth areas. He is an advocate for clients, and particularly enjoys work in sustainable transport and is excited about the renewable energy space. Bronwyn playing a role in solving the difficulties within the transport sphere enjoys a hit of tennis and is fond of a good over the coming years. cheese platter. James spends a significant proportion of his time away from work in lycra or in cafés, sometimes concurrently. Matthew Law – Matt is a Project Planner at Taylors and enjoys working on a wide Amy Wood, YPG Co-Convenor range of projects across the built form As a heritage advisor with Biosis, Amy and greenfield market. His passion lies undertakes cultural heritage management in working in a multi-disciplinary team to plans and due diligence assessments deliver large and complex projects. From across Victoria, and occasion-ally QLD the due diligence phase through to delivery and NSW. The projects she undertakes on the ground, Matt has been involved range from minor subdivisions to major in a range of residential, mixed use and infrastructure projects alongside Victoria’s commercial developments. Matt also has a strong interest Registered Aboriginal Parties and Tradi- in Project Coordination and representing clients in matters tional Owners (with a bit of historical excavation where possible). before VCAT. He looks forward to his second year on the VPELA Amy takes great pride in finding excellent country bakeries in YPG Committee. beautiful parts of the state, and exploring Melbourne. Noel Treacy – Noel is an Irish town planner working as Planning Advisor at the Rachel Butler – Rachel is a Town Melbourne Metro Rail Authority. He enjoys Planner at Tract Consultants. She enjoys the diversity of the role which includes being part of a wide variety of planning involvement in transport planning, urban projects, including residential, commercial renewal, planning referrals, urban design and industrial developments, as well and planning panels. as a number of key strategic planning Noel is proud to be a member of the VPELA projects. She has a particular interest in YPG Committee and is passionate about education and bushfire planning related supporting young people to be inspired by and learn about projects. Rachel also works one day per what we can achieve in the planning and environment industry. week at Places Victoria in a secondment role focusing on the Outside of work he enjoys playing hurling and gaelic football Infrastructure Recovery Charge. Outside of work Rachel enjoys (Irish sports), live music and travel. swimming, pilates and running the occasional lap of the Tan.

Allison Tansley – Allison is a graduate Roland Miller McCall – Roland is an lawyer in the Planning, Environment and in-house solicitor with the Department Local Government team at Harwood of Health and Human Services. Roland Andrews. Having recently made the transition advises clients on legal and legislative from working as a statutory planner, Allison issues related to property matters across is now enjoying providing advice on a wide the department’s health, sport and human range of planning and environmental legal services portfolios. Roland has acted for issues, preparing section 173 agreements government clients in a range of planning, and assisting in VCAT proceedings for public environment and heritage matters. Roland and private sector clients. Outside work, Allison is developing her is close to finalising a Masters of Environmental Law and has an photography skills and trying out new brunch spots. interest in issues related to climate change.

VPELA Revue March 2017 / 49 Georgia Banks – Georgia is a Planner Jason Stone – Jason is a Traffic Engineer within the Urban Development team at Traffix Group with over 3 years of at APP Corporation and has previously experience. During his time at Traffix Group, worked in local government, and as a Jason has had experience across a number consultant in regional Victoria. Georgia’s of land-use developments ranging from interest in planning stems from the belief residential towers to supermarkets and that our environment inherently impacts childcare centres, as well as a large amount the way we live our lives and how we feel of experience with electronic billboards. within our surroundings. She’s worked on Jason enjoys assisting some of Melbourne’s many projects ranging from Greenfield and urban renewal to leading traffic expert witnesses in a large number of VCAT cases. new medium density housing developments and commercial Outside of business hours, Jason is a keen indoor soccer player centres. In her spare time Georgia plays football within the who enjoys team sports and is a passionate AFL supporter. Renegade Pub Football League, is a bit of a foodie, and is deve- loping her green thumb. Sonja Van Nieuwenhoven – As a current local government representative Hubert Algie – Hubert is a planning with previous private consulting experience, and environment lawyer at Kellehers Sonja currently works as a statutory Australia. In 2016 he was awarded the planning officer while completing further VPELA Young Professional of the Year. studies at the University of Melbourne. Hubert is a strong negotiator and mediator Since commencing her career, Sonja as well as a staunch and skilled advocate. has been involved in statutory, strategic He teaches mediation and negotiation and bushfire planning; focusing on the at the International Summer School on future planning of communities to sustainably accommodate Alternative Dispute Resolution at Humboldt population growth while limiting the risk to life and/or property University, Berlin. imposed by bushfires. She has multidisciplinary experience in landscape architecture, architecture and property development complementing her passion for the built and natural environment. Jarryd Gray – Jarryd is a lawyer in the planning and environment team at MinterEllison. Prior to commencing Linda Sharkey – Linda is an Associate legal practice, he worked for five years Director in the valuation team at Urbis, as a consultant town planner and holds specialising in compulsory acquisition and bachelor’s degrees in both law and urban compensation. She prepares valuation planning and development. Jarryd has a advice for both private and public sector particularly strong interest in development clients and is experienced in representing approvals and the coordination of multi- both sides at valuer conferences when disciplinary expert teams. Outside of the office, Jarryd is an avid disputes over compensation arise. Linda surfer and a passionate Hawthorn supporter. has over seven years valuation experience, beginning her career in Ireland before making the move down under. While not at work she volunteers with socially isolated Joshua Haigh – Josh is a traffic & seniors and spends far too much time at Bunnings. transport consultant at GTA Consultants. He has had experience in both Victoria and New South Wales helping to deliver a range of projects from residential developments to shopping centre expansions. Josh is eager to explore the role that technology will play in the future of the transport and planning industries, in particular the effect of autonomous vehicle technologies. Outside of work Josh enjoys $12 steak nights at the Birmingham, pub trivia and forcing his friends to listen to his Spotify playlists. Don’t forget to check out VPELA’s facebook page. Kerrie Diamantopoulos – Kerrie is It’s a great way to keep a Senior Solicitor at the Department of in touch with what’s on. Environment, Land, Water and Planning. She works on a range of planning matters across You can find us atVPELA 1 the Department including major projects, planning advice and litigation. Kerrie has recently caught the bike riding bug and is a diehard Tigers supporter/sufferer.

50 / VPELA Revue March 2017 The YPG held their first event for 2017 at Maddock’s new office in Docklands. It was a hugely successful evening, Speed Networking providing a wonderful opportunity to network.

VPELA Revue March 2017 / 51 Summer drinks continued…

VPELA – A MULTI-DISCIPLINARY PROFESSIONAL ASSOCIATION Established in 1989, the Association holds regular seminars, social events and a conference annually. It also reviews legislation, provides high level advice to PO Box 1291 Government and makes submissions to all aspects of land use planning. If you Camberwell 3124, 9813 2801 have any questions or are interested in joining the Association, contact Jane www.vpela.org au Power, Executive Officer.