INFASTRUCTURE Vision for a smaller planet

Andrew Gray THE VPELATHE ARG Planning victorianrevue / planning / environmental / law / association / volume 94 March 2015

1 / VPELA Revue March 2015 VPELA Board Members Contents

Executive President President 3 Tamara Brezzi Minister 7 T: 8686 6226 Shadow Minister 8 E: [email protected] Editorial 11 Vice President (Planning) News from Planning Panels 12 Jane Monk News from VCAT 14 T: 9651 9678 E: [email protected] Places Vice President (Legal) Urban Renewal Tip Top, Brunswick 15 Adrian Finanzio Rethinking the strip: Bridge Road 19 T: 9225 8745 Medelin, Columbia: changing the game 26 E: [email protected] Traditional activity centres 41 Secretary VPELA UDIA Singapore Tour 46 Michael Deidun The Business T: 9628 9708 E: [email protected] Planning in 2015? 5 Planning improvements at City of Greater 9 Treasurer Rory’s Ramble 23 Jane Sharp VCAT seminar 24 T: 9225 7627 Municipal Matters: Accretion 32 E: [email protected] The Fast Lane 37 Executive Director Shining through or Shady? Solar panels and VCAT 38 Jessica Cutting Legal World 43 T: 8392 6383 Seminar Report: Fire and Planning 48 E: [email protected] Planning Xchange 55 Executive Director Julie Reid People T: 8571 5269 Traffic engineering; my way 17 E: [email protected] A day with Susan Brennan QC 21 Under the microscope: Bert Dennis 35 Members Jeff Akehurst 45 Frank Butera T: 9668 5564 New Board members 54 John Carey T: 8608 2687 YPG Jennifer Jones T: 0409 412 141 Mimi Marcus T: 9258 3871 YPG Master Class articles 50 Jillian Smith T: 9651 9542 YPG Bowls Event 52 Natasha Swan T: 0427 309 349 YPG Committee 52 Adam Terrill T: 9429 6133 Con Tsotsoros T: 8392 6402 Christine Wyatt T: 9208 3601

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

Cover photo: Minister addressed an enthusiastic crowd at the VPELA Christmas Party.

2 / VPELA Revue March 2015 President Reflection on an era

Tamara Brezzi President, VPELA

It is with great sadness that VPELA recorded the passing His vision for Southbank as a place of change earned him the of former Victorian Minister for Planning Evan Walker AO title of the “Father of Southbank”. Conversely, his willingness in February. to achieve change was matched by his determination to protect Collins Street; a goal that flowed from his membership of the In 1982 Evan Walker became Victoria’s fifth Minister for Planning Collins Street Defence Movement prior to his political life. He when the first Labour Government in more than 25 years was also instrumental in leading the charge to redevelop and came to power. He was the first architect of provide lights at the MCG and to develop any political party to enter any Parliament Flinders Park into the now world-famous of . sporting precinct.

As part of John Cain’s reformist govern- Evan Walker ‘s name Mr Walker was an early supporter of the ment Evan Walker set about changing the is synonymous with closure of Swanston Street to traffic. It was focus and administration of planning with “now the Planning planning in Victoria reported in 1985 that the ultimate achievement of the Planning Minister would like Swanston Street to revert and Environment Act 1987. He had the to the happy avenue it was in years past and wonderful capacity of an architect to see he believes the birthday bash on February things in 3D, noting in 1982 “A decision can 9-10 [1985] when the street was grassed over often be made poorly because people are not aware of a spatial and closed to celebrate the 150th anniversary, has shown the sense, only the political and legal”. [The Times, 19 way.” At the time, Mr Walker stated “..if the traffic were reduced May 1982, interview with Wendy Harmer]. to 25 per cent of its present load and the footpaths were widened

VPELA Revue March 2015 / 3 and some trees planted, people would feel they could wander and the idea that there are indeed parts of planning which could and sit in the City Square or along the street and enjoy it on a way and should attract bipartisan support. they can’t at the moment. It could well be that each block would have a different character. The block from Flinders to Collins, In December 2014, VPELA welcomed newly sworn in Minister with the cathedral and City Square on it, could have one kind Richard Wynne to the planning portfolio at VPELA’s Christmas of development and character, whereas the next block, Collins Party held at Lumiere in South Melbourne. Minister Wynne to Bourke and Bourke to Lonsdale is more commercial.” [The noted that he was delighted to be taking on this role and Herald 19 March 1985] felt that all his previous roles in urban policy, housing, Aboriginal affairs and social policy had given him excellent Evan Walker was the recipient, together with the late Alan Hunt, grounding for his next chapter. We are delighted to be hosting of the inaugural VPELA Award of Merit in 1991, which in later the Minister at our seminar on 26 March 2015 (book early!) years became the Richard J Evans Award. Despite their political and look forward to working with the new administration in the differences Alan and Evan were great friends and were delighted coming months and years of the Andrews Government. to receive the award together. The VPELA Board met recently to discuss its planned focus and The award was given to Evan in acknowledgement of his great events for the year ahead. Obviously the new government will service to planning. VPELA benefitted greatly from Evan’s be a key focus but we also felt that a broader discussion about membership. He was dedicated to the Association and inspired the bipartisanship in planning would be warranted. Influenced by leaders at that time, including inaugural VPELA President Peter the material written recently upon the passing of Evan Walker, it Barber AM, to embrace and welcome sectors of the development seems clear that a bipartisan approach on at least some aspects industry beyond those of planning and law. The multi-disciplinary of the discipline of planning is possible, indeed desirable. I nature of the Association, now encompassing membership from encourage you to be a part of the conversation at seminars and architects, engineers, scientists and economists stems from the at our conference on 13-14 August 2015 to be held in Lorne. era in which Evan was involved with the Association. Entitled “Utopia and Beyond: the journey and the destination”, there will be plenty of opportunity for delegates to set out what Journalists of the era described him as refreshing politician constitutes planning perfection – perhaps bipartisanship across with an easy, suave style. In 1990, shortly after his resignation, some or all of the sector is part of your planning utopia? Doug Aiton wrote: “..Evan Walker is very easy company. We had never met before, but within minutes you know you are in the Look out for seminars in coming months concerning a company of someone who is not going to try to score points, retrospective on the impact, or otherwise, of the Res Zones, who is not going to be devious, who is not going to manipulate whether Victoria is equipped to deliver big infrastructure, how questions, and who is not even going to be suspicious and does tsunami monitoring actually work and a walking tour that defensive. To a journalist, he is refreshing.” [The Sunday Age, will bond the disciplines of architecture and acoustics. This 16 September 1990]. year will also bring a greater opportunity for our vast number of regional members to see seminars locally as we take a number Evan Walker was acutely aware of the balancing act required of seminars out of Melbourne – starting with seminars by VCAT’s by all players in the planning arena, remarking “If things Deputy President Helen Gibson and Senior Member Laurie are blown up by the media they can jeopardise the delicate Hewett in Shepparton, Traralgon and Ballarat in March and April negotiations that planning issues require” and “He was a man to be chaired by Adrian Finanzio SC and me. who believed in the planning cause and brought his passion for the subject to the task of seeing through the politics toward Happy reading. great planning outcomes.” Tamara Brezzi Evan Walker’s name is synonymous with planning in Victoria and President, VPELA he leaves behind a great legacy for planning vision, leadership

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4 / VPELA Revue March 2015 The Business Planning in Victoria 2015? What to expect Bernard McNamara BMDA Development Advisory

With the election of the Andrews Labor Government, some created to plan the project. A $40m budget allocation has of the infrastructure and planning priorities across Victoria been announced. (However the Treasurer has have changed. While it has been stated that Plan Melbourne already identified that the high capital cost ($9bn+) will be would not be re-written, there are some obvious and high- a huge challenge for the State Government.) profile changes that will have knock–on effects. And, with the • Victorian Transport Building Fund: To be established new Minister for Planning out of action from December to from the proceeds of the long term lease of the Port of mid-February, there has been a delay by way of announced Melbourne: to fund transport projects. planning policy and project activity. • The grade separation of 50 nominated level crossings Richard Wynne MLA has been appointed Minister for within Melbourne (over 8 years?). Establishment of a new Planning. Richard was the Minister for Housing in the Level Crossings Removal Authority to deliver the project Bracks-Brumby Government in 2010. Minister Wynne has with an allocation of $100m. Four level crossings are in only recently commenced in setting out his vision. His only tender phase. public appearance between being appointed Minister and • Tullamarine Freeway: widening between the Western Ring being hospitalised was the VPELA Christmas drinks function. Road and Melbourne Airport. At the function Minister Wynne professed an enthusiasm for the planning portfolio and acknowledged the influences of • Hoddle Street-Punt Road: Streamlining of traffic signal , the late Paul Jerome and Rob Adams in shaping operations. his views. Well received. • Chandler Highway, Alphington: bridge duplication. A new departmental structure was announced with Planning • Melbourne Airport Rail Link: No stated intention to build now within a new super Department of Environment, Land, because not considered a priority. Water and Planning. Transport is now within the Department • Establishment of Infrastructure Victoria to assess infra- of Economic Development, Jobs, Transport and Resources; structure priorities, recommend procurement method, which promises to be a big budget department. funding options and value capture strategies. Plan Melbourne Version 3? As a member of the Ministerial • $1 billion on metropolitan roads and $1 billion on regional Advisory Committee preparing the Melbourne Metropolitan and rural roads. Planning Strategy in 2012 and 2013, I am aware of the initiatives • Introduction of 24 hour public transport. which were included and those that were excluded in the final form of Plan Melbourne 2014. It could be a better plan. • Increase parking at metropolitan railway stations ($20m). • Mernda Rail extension. The transport proposals contained in the plan will need to be re-formed. The Labor Party campaigned on key differences • Upgrade and maintenance of arterial roads (Thompsons which will need to be reflected in the overall strategic plan Road). for Melbourne. • City Link PPP: additional traffic lanes and capacity on the Bolte Bridge and Tullamarine Freeway. • East-West Link Project is not to be constructed, but it is unclear if the Labour Government will revive its support • Pakenham –Cranbourne PPP Rail Project? This contract for the western sections of the road. In February 2015, was not finalised prior to the 2014 election but news in how the Government is to deal with the contractual early February would see it revived, and liabilities remain unclear. • Flinders Street rail station upgrade ($100m). • WestGate distributor–Port of Melbourne access road project to provide better truck access and remove trucks Planning from the Yarraville area. The Labor Party pre-election planning statement was thin on • Melbourne Metro Rail project. This is to be resurrected to detail but contained: replace the Melbourne Rail Link (Melbourne Metro Rail Project was included in the October 2013 Plan Melbourne, • Commitment to more open decision–making on major but not in the May 2014 document).The project will involve projects. the doubling of the city loop and the creation of a metro- style rail system with new stations at Domain, Parkville • Local Government support for the role in decision making. and Arden. The Melbourne Metro Rail Authority has been • Urban Growth Boundary to be locked down.

VPELA Revue March 2015 / 5 • Metropolitan Planning Authority possible renaming and Places Victoria: expansion of its charter. The MPA and the Office of the Victorian Architect to have a role along with Melbourne One reference to this organisation in the Labour Party policy City Council in considering applications over 25,000sqm in platform would require it to promote housing choice within Central Melbourne. its projects. Prior to the election, the Board of Places Victoria was re-constituted. • VCAT: require the weight of community objection to be taken into account plus a review of social, environmental Bad timing? and economic priorities, third party rights. • Fishermans Bend: the plan is to re-cast development into As I complete this article, Minister Wynne has returned to a series of neighbourhoods to showcase best practice work. The State Parliament has commenced its first real urban renewal. sitting of the year, and the Andrews Government will be laying out its agenda. So much may come clear. But, what • Punt Road: review of planning scheme reservation south of the plan itself; and what of the implementation/(funding)? of Alexandra Avenue. • Yarra River: Standardised planning controls to be Planning 2015 suffers from the knowledge that major developed. planning and infrastructure settings may have a 4 year or less horizon; utterly worthless, given the tasks of building a • Review of planning controls that apply to Macedon city to accommodate and operate into the next decades with Ranges, Tarran Valley, and other localised projects. possibly 8 million residents. How can we move city planning off • Housing Affordability: piloting of inclusionary zoning for the 24 hour news cycle and the political party divisions? One land sold by the government. observation comes from the manner of the 1954 Melbourne Metropolitan Planning Scheme report, presented to the • Accessible Housing: improving: accessibility by changes to Board by E.F. Borrie, Chief Planner “on behalf of the planning building regulations. staff”. In the foreword there are no photos or presentations • Office of Building Rights Advocate: to protect building by Premiers and Ministers. It is a staff report. That plan laid industry consumers and regulate “short stay” the foundations of the zoning system, the metropolitan parks accommodation. (An inquiry has commenced.) system and infrastructure plans. It operated into the 1970s • Major Hazard facilities: regulations review to protect when the metropolitan area was outgrowing the plan. So are residents. we mature enough to accept that good plans demand quality strategic thinking, require long term investment and take • Wind farms: reduction of the dwelling buffer zone from decades to achieve? 2km to 1 km. • Heritage Act review. Finding the money Review of the new Residential Zones During the preparation of the 2012-13 metropolitan planning strategy, the Ministerial Advisory Committee members In the lead-up to the election, the then Shadow Minister stated were impressed by the number of people at public meetings that he would not reverse the new zones but would look to who realised that Melbourne faced problems as a city and, see if the implementation could be adjusted to achieve better that as a members of the community they understood that strategic planning outcomes, particularly increasing the we needed to find new ways to fund infrastructure. Simply supply of additional housing stock in established suburbs, stated, if the community could see that its money was being closer to jobs and infrastructure. This position was partly put to specific city-building projects, then there was a clear adopted (belatedly) by the previous Minister for Planning in appetite to pay a targeted levy or similar. Sadly, this is not the July 2014 when he directed that for any future amendments, way that State Treasury people think. a planning authority must use a housing strategy to inform It is time to re-think our options on how we can maintain the balanced application of the three new residential zones. and improve this world class city. But such is the fear of (“Balanced” required at least 50 % as Neighbourhood the modern politicians that the Andrews Government has Residential Zone. (Ministerial Direction No.16)). already ruled out new taxes before having a conversation with the community on how we will fund the needed public Victorian Planning Authority? transport etc…. If one looks back at the Bailleau-Napthine Government, the item that they guarded over all other was The Growth Areas Authority had morphed into the the retention of the AAA credit rating; a badge of honour that Metropolitan Planning Authority in October 2013 with a wider it took to its grave. Whereas prudent borrowing for capital role including specific regional projects outside of Melbourne, works at say 3-4% p.a. could have positioned the city for the such as Wodonga rail areas renewal. Under the Andrews future. Time for a re-think. Government its new role is yet to be set out. The MPA board had only recently been reconstituted. And in December, Chris Bernard McNamara was a member of the Ministerial Advisory Banks Chairman announced his retirement from the Board, Committee on the metropolitan planning strategy 2012-13. effective February 2015. So further changes at Board level Bernard is Principal of BMDA Development Advisory a planning will occur. and development advice consultancy.

6 / VPELA Revue March 2015 Minister My perspective on planning

Richard Wynne Victorian Minister for Planning

I am delighted to make a contribution to the VPELA Revue as shopping strips. We want housing for future residents: key the incoming Minister for Planning. It is a role I have been in workers and students, but also first home owners and families training for over two decades in public life. Over the course of who want to live closer to their jobs and essential services. There my career I have had the rare honour of working with some of is a growing consensus for protection of green wedges, a fixed the best urban thinkers this state - and indeed this country - has urban growth boundary and careful management of growth produced. In the 1990s I worked in various policy advisor roles in brownfield sites and around transport hubs to increase the to the then Victorian Minister for Planning, Andrew McCutcheon, overall density based on attractive and good design without and in the early 90s alongside the late Paul Jerome, arguably damaging the heritage values and cherished character of our Victoria’s finest strategic planner. I also spent time advising the distinct neighbourhoods. It is these values that help Melbourne former Deputy Prime Minister Brian Howe on local government lay claim to its title as the world’s most liveable city, and they reform and his landmark Better Cities Program, which put a must be protected. national focus on cities, not seen since the Whitlam years. However, there were a number of proposals that were I am also, of course, indebted to the legacy of the great, and shoehorned into Plan Melbourne at the last minute which were recently passed Evan Walker. Evan came to office 10 years after not properly thought through or consulted on. The disastrous that other great visionary, also recently passed, Tom Uren. Evan commitment to the East West Link and the hastily conceived built on the work of Uren, delivering a second generation of rail line to Fisherman’s Bend are prime examples. The new reforms that turned the city back to face the river, and set it up residential zones are fundamentally a good idea in terms of for success on a global scale, bringing design, lifestyle and that improving planning certainty for residents and developers, but often abused term, livability, to the city. they were poorly implemented. I will take time to consult further with local government, industry and local resident groups to My six years as a councillor and Lord Mayor review the roll out of the new zones and achieve the right balance (in 1991) coincided with a wave of community activists who across the city. put themselves forward for public office. It was at the City of Melbourne that I met a young urban planner, Rob Adams, who I am looking forward with great enthusiasm to engaging with shared my big dreams for the city including closing Swanston planners across the state and hearing about the reforms you Street to vehicle traffic, and populating the city with residents. think will make the system more timely and less adversarial. At the time we had a modest target of a few thousand; today, The Andrews Labor Government was elected to bring back the CBD is home to over 30,000 people and Swanston Street has transparency in planning. Victorians have entrusted us to make been turned into a major pedestrian boulevard. It’s fair to say the right decisions for their future. I’m looking forward to this that this vision forever changed the face of the city. Each of these challenge, and to speaking with people across Victoria about outstanding Victorians has played a part along with many others their vision for our state, our cities and our regions. There is an in shaping my thinking about how our city should be planned. I exciting next chapter to be written for Victoria’s development and hope to do justice to their legacy. I hope, with your help, to make it a memorable one.

Planning is also, I’m well aware, a portfolio too often beset by scandal and compromise with deals done behind closed doors and decisions made without the input of the affected community. Ad-hoc decision making, and a lack of vision have left Victorians concerned about what the future of our most liveable city will be. My aspiration for the planning portfolio is to bring consistency YOU COULD BE and transparency to the process and decision making for applicants, councils and residents. MISSING OUT! I do not intend to fall into the usual political response that If you are a member of the Association and have everything the previous government did was rubbish and we not been receiving emails you are missing out on have to start again. I refer in particular to Plan Melbourne which important communications. when read dispassionately is in the main a further iteration of the previous Government’s Melbourne 2030. There is much in both of these strategies on which we can all agree, such as our long Please check that we have your correct email by term vision for housing the growing population, increasing jobs emailing [email protected] or phone 8080 5887 and integrating public transport and infrastructure investment. We all want vibrant neighbourhoods and thriving high street

VPELA Revue March 2015 / 7 Shadow Minister Planning for level crossing removals – or not! David Davis Victorian Shadow Minister for Planning

It is to be hoped that the Andrews Government has learned ’ Financial Statement, released ridiculously late from the planning mistakes Victorians endured during Labor’s in the campaign on Thursday 27 November with the cynical and previous terms in office. calculated objective of avoiding scrutiny, made an allocation of $2-2.4 billion for what was described in the statement as “Level Let us hope that the level crossing removal process will not see Crossing Removal Program – Stage 1”. a repeat of the Melbourne 2030 disaster, introduced without proper consultation and run rough shod over the legitimate Tim Pallas at a press conference that day formally qualified desires, expectations and concerns of the community. Labor’s long standing transport commitment to the removal of 50 level crossings to the removal of just 20 level crossings over Now Leader of the and former Planning Minister, the next four years. ’s deservedly well-received and appropriately respectful Plan Melbourne is a document that draws the link This qualification of what had previously been an unambiguous between planning and job creation. It sets out that employment and often repeated commitment to the removal of 50 level and economic growth should be key drivers of planning policy crossings to the removal of just 20 over a full term of government, with appropriate roles for protection of heritage and quality of life just 2 days out from the election, gives a clear indication of the impermanence and permeability of Daniel Andrews’ level Plan Melbourne will provide Labor with a good basis for going crossing removal commitments. forward, provided they resist the temptation of change for change’s sake. This is concerning to me. What could and should be a fabulous opportunity to maximise the potential for land use in line with Let us hope not to see a repeat of the truly appalling “sham” the principles of transport oriented planning in consultation with Windsor Hotel consultations. and with the support of affected local communities appears to be anything but. Let us instead hope for an epiphany from Labor in the form of genuine community consultation leading to community support Transport or transit oriented planning makes eminent good for the proposed level crossing solutions in their area. sense – mixed-use residential and commercial areas designed to maximize access to public transport, and often incorporating I believe that it is critical that affected municipalities have the features to encourage public transport patronage, typically with lead role in land use planning surrounding the proposed level a centre with a transit station or stop, surrounded by relatively crossing removals and that affected communities are fully and high-density development with progressively lower-density genuinely consulted. development spreading outward from the centre. This critical role of municipalities in planning is the reason the The recognised the potential of such developments, Planning and Local Government portfolios have been brought for example at Ringwood, during its term of government, together to be the responsibility of the same Shadow Minister. however the opportunities presented for such outcomes by the Giving local communities the right to be heard about how their removal of level crossings appear absent from Labor’s radar – level crossing is to be removed and any associated development and they appear to have missed the economic opportunities for will not only build community support for proposals, it will also job creation. be the best form of guarantee: Victorians have already experienced considerable back tracking • against them being short changed by cheaper, inferior or from Labor on their level crossing removal promises and the best unnecessarily delayed or drawn-out alternatives; we can expect is the removal of 20 over this term of government, appropriately planned or not. • that integrated transport and land use planning is sought; • that level crossing removal includes developments that However, Daniel Andrews’ level crossing removals are create great places; and contingent upon his yet to be released and uncertain plans • that appropriate economic development is facilitated. for the privatisation of the Port of Melbourne and many international investors would have serious reservations about As a member of the previous Coalition Government, I would the contractual bona fides of the Andrews Government – and also argue that those projects funded by the former Coalition their tearing up of contracts. Government such as North Road, Ormond, Main Road, St Albans, Blackburn Road, Blackburn and Burke Road, Glen Iris Labor’s best case scenario is already something Victorians have should not be tampered with, including seeking to make savings a right to feel cheated about with opportunities missed, and even from or otherwise to wind back or delay these projects. that may yet prove elusive.

8 / VPELA Revue March 2015 The Business Planning improvements at City of Greater Geelong Peter Bettess and Joanne van Slageren City of Greater Geelong

A recent workshop convened by the UDIA acknowledged 1. Understand what challenges developers are facing when significant improvements in permit processing times putting doing business in Geelong Geelong in the top three councils in Victoria. Planning 2. Identify how the system can be improved. improvements at the City of Greater Geelong (CoGG) have 3. Provide certainty in the decision making process. resulted in over 80% of permit applications determined in the 60 statutory days compared to around 50% 12 months ago. 4. Facilitate investment, jobs and improve the business environment in Geelong. Although the improvements in Geelong have been realised in the last 12 months, many years of work has contributed to The value of the May workshop was in building a consensus with the changes. the development community as to the specific improvements that would make a real difference. This helped to focus efforts CoGG receives over 1800 permit applications a year, making to get real improvements quickly that could be measured either it the fourth highest in the State1 Geelong also has one of the quantitatively or qualitatively. most complex planning schemes reflecting the diversity of the municipality including central city activity area, industry, port, The issues raised at the workshop were grouped into a number residential, commercial, environmental sensitive areas, bushfire of major headings: and wildfire prone areas and coastal areas. 1. Communication. Planning process improvements in the past at Geelong tended 2. Internal Referrals. to be incremental. So how were step changes achieved in 2014? 3. Resourcing. First, opportunities to simplify planning controls were identified, 4. Industry Support. particularly in Central Geelong and through the introduction of VicSmart. Communication

Secondly, process improvements were undertaken using “lean Email and other quick forms of communication are being thinking2” which focuses on looking at continuous process used to keep people informed of progress of applications. improvement from the customers’ perspective. The value of An E-Newsletter is sent out to 37 regular external clients conceptualising the improvements within a framework, such as (companies) on a quarterly basis. This newsletter documents lean thinking, is that it focuses thought outside the organisation various legislative changes, changes/improvements to internal as often improvement processes are too inward looking. processes, staff changes and various reminders about how applicants can assist in improving the process. Customers, being the users of the planning system, whether they are the applicant, interested persons including objectors, A quarterly customer catch up is held with our regular applicants. referral agencies or internal units providing input to the planners, This is a chance to hear first hand from regular clients about basically want to know three things: areas of concern/frustration and suggestions for improvement.

1. What is the process and how am I involved? Electronic lodgement of applications through E-Planning, allows applications to be lodged and paid for electronically. The aim is 2. Once I am involved, where am I in the process? to have the process able to be interrogated directly by applicants 3. What is the outcome? and objectors and referral authorities to see the progress of applications. To address these needs, we focused on reviewing our processes, the systems to support the processes and staff development by A Customer Commitment document is being developed which asking – what can we go to improve the service to the customer? will detail Council’s commitments to our customers as well as documenting how applicants can assist in the process. The Process review used process mapping carried out in 2004 and website is being reviewed by a web and graphic design company, again in 2012 to identify opportunities for improvement. Meetings to simplify and enhance our web presence. Marketing documents were held with key consultants and others that regularly use the are being developed to assist in explaining the planning process. planning system to identify areas for process improvement. Internal referrals A UDIA hosted a workshop in May 2014 brought together the development industry to identify the issues of concern. Over 65 A major review of the internal council referrals process was people attended the session. The objectives of the workshop undertaken resulting in: were to:

VPELA Revue March 2015 / 9 • Streamlined the amount of applications which require referral. The UDIA also convened a forum for Council planning staff so • Updated standard conditions. that the officers could understand the planning and development process from the developers’ perspective. • Face to face referral of applications at allocation stage with Engineering, this reduces drastically the amount of A further workshop by the UDIA in November 2014 reviewed applications requiring referral. improvements from the May workshop. The overwhelming • Commitment to responding to Planning within the 28 day time view was that within the six months there had been significant frame (14 days for further information requests), otherwise improvements with shorter processing times. The challenge Planning Officers will either proceed with the application or ahead is to continue the improvements. escalate the referral to Managers and General Managers What were the key lessons? where a response is critical. 1. The importance of a simple, clear vision – what do we want Resourcing to achieve and how will we do it? We didn’t have a fancy vision statement, workshopped over weeks with staff and One of the key issues identified in the process mapping was how stakeholders; just a clear focus on reducing process times. planners managed their workload. The 2004 review identified The other improvements flowed from this. that planners were managing up to 40 active files at any one time. While by 2012 this had improved, managing workloads 2. Having committed leadership, both political and organisa- remained a major challenge. The breakthrough was achieved by tional. The Mayor Cr Darryn Lyons and the Planning Portfolio developing an ‘electronic dashboard” for planners to pro-actively holder Cr Michelle Heagney championed the improvements to monitor applications. The dashboard also enables planners to the planning scheme to build support from other councillors see where referrals are at in line with committed timeframes. for the Planning Minister to amend the planning scheme. On a daily basis, planners can see how many applications they The improvements needed to be seen as a ‘whole of council’ have and which ones are approaching 40, 50 or 60 statutory project to achieve commitment of all staff involved in the days. This allows planners to prioritise daily schedules to ensure planning process. applications are processed within 60 statutory days. 3. Enabling technology. The development of the electronic With the introduction of VicSmart, a dedicated VicSmart Planner dashboard for planners to manage their workload was a has been employed. Two subdivision officers have been appointed major breakthrough in achieving the process improvements. to process certifications and statements of compliance as well as This required upgrades to the Council’s corporate systems the contact for subdivision applications after the planning permit to implement the dashboard to assist planners to manage has issued. This has also resulted in freeing up the planners to their workload. process planning permit applications. 4. Committed staff. The planning staff embraced the changes and are committed to continuous improvement. Industry support Peter Bettess is General Manager, Planning and Tourism The UDIA is working on drafting a project synopsis template at the City of Greater Geelong which can be used by an applicant. The synopsis will cover: Joanne van Slageren is Manager, City Development • Investment details. at the City of Greater Geelong • Jobs. 1 Planning Permit Activity in Victoria 2013/2014, DTPLI. • Beneficial outcomes. 2 Womack & Jones. Lean Thinking. New York: Simon & Schuster, 1996 • Economic evaluation.

VPELA is pleased to invite applications for the VPELA Young Professional’s Award for 2015. This highly prestigious award is open to VPELA members between the age of 18-35, who have been members of the Association for at least 12 months. The Award YOUNG includes a trophy and cash grant of $5000 to support the recipient in undertaking PROFESSIONALS independent research (domestic or international), or a course of study related to their industry, as well as complimentary registration for the VPELA Conference and the AWARD 2015 opportunity to speak at our Fellows Dinner in 2015. For details of qualifying criteria and an application form please contact Jane Power, $5000 Grant VPELA secretariat on 9813 2801 or download them from the awards section on our website www.vpela.org.au Applications close 10th April 2015.

10 / VPELA Revue March 2015 Editorial From the new editor

Bernard McNamara VPELA Revue Editor

Hello from the new editor! It is with some trepidation that I have that occurred across the systems. It will be interesting to see commenced as the new editor of the VPELA Revue, taking over what path Minister Wynne adopts. from Jane Nathan who has produced such a recognised and highly regarded journal since 2000. Well done Jane! I had the Development assessment and strategic planning (in its varied privilege of serving on the Board for over ten years including 9 forms and tasks) is at its heart a “people business”. This needs to years as Honorary Treasurer; so now for another job! be reflected in the Revue. So photos and articles that inform us of our members’ activities will be prominent. A favourite inclusion What is it about VPELA? VPELA is a great organisation, because is the photos at the various events pages. This will continue and of what it is formed to do, and how it operates. That is, it operates I am interested in expanding the information provided on people. as a meeting point for professionals within the “industries” I am interested in a companion column of “Did he/she really say of planning strategies and development assessment within that!” So mystery correspondent, where are you? Victoria. In the absence of such a broad-based, independent New regular entries this year will “News from VCAT” and group, the range of professional (public, private and varied “News from Planning Panels”. These important and respected disciplines) would gravitate to their professional or sectoral organisation provide high quality, impartial decisions/ organisations. That is not VPELA’s way. The importance of recommendations which contribute greatly towards good quality VPELA is that it is exists because its members see the value of development and policy outcomes. I am looking forward to their communication and of gaining knowledge within their industry, regular contributions. And where will the “Day in the Life” series in addition to the more usual positions of belonging to a craft or take us? Susan Brennan is our first subject. If you wish to be the professional association. VPELA creates opportunities for say, a diarist next issue, give me a call. senior barrister and a junior planner to have a discussion over coastal management; or for a government business facilitator Education and analysis of development-related issues are to to meet and relate differently to the investor rather than only via remain as the main fare. Lessons on professional practice the emails. locally or from other places makes us ask the question, “could we do something better?” In this issue, we see the system And, VPELA knows how to have fun! improvements in Geelong and the adoption of investment attraction into Sunshine. Internationally Gerrit Prent’s article So what will the Revue seek to do in 2015? Currently being a about the city of Medelin tells a great story of changes making three edition per year publication, it will never provide “breaking a difference. news”. It role is to provide perspectives on Victorian planning issues and inform readers of best practice on local, national and And we are well served by our esteemed group of regular international development planning. columnists who make it their duty to inform us of some of the technical, legal, quirky or administrative matters that confront The first VPELA Revue issue of 2015 focuses on the changes in us and about which we need information. They are so… VPELA! Victoria that we can expect to see in planning and development approvals from the election of a new government in late 2014. So, any suggestions? Drop me a note. Whatever your view is on the planning initiatives under the previous government, there is no doubting the extent of change [email protected]

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VPELA Revue March 2015 / 11

News from Planning Panels PPV roundtable forum – improving processes Kathy Mitchell Chief Panel Member, Planning Panels Victoria

Feedback on the operations and the way in which Planning the more general recommendations should be separated from Panels Victoria (PPV) makes its contribution to the planning the formal recommendations of the Panel. Reports should avoid and environmental approval processes in Victoria allow PPV comments on wider policy issues, and some members should to uphold the integrity of the planning system in Victoria. PPV more fully consider these implications. Report appendices that convenes an Industry roundtable every two years, from which it include changes to schedules, local planning policy or permit produces a short report with a list of actions to take it forward. conditions should be shown in tracked change, with clarity This is generally based on the feedback and discussion held at about which version is used as the base document. Some the roundtable. concern was expressed about incorrect drafting and lack of statutory planning experience. Part of the roundtable has a breakout session where the PPV members and staff leave the room to allow the participants It was resolved that where Panel makes a simple clerical error the opportunity to discuss ‘more freely’ additional issues. The or omission in its report, a protocol could be applied to clarify the Chair then reports back on the summary of the issues without matter. This was a key outcome and PPV has now prepared and ascribing it to any particular person. put in practice a ‘Corrections protocol’ in this regard. PPV held a roundtable on 6 August 2014, and it was chaired by former Senior Sessional Member, John Keaney. Previous 2. Costs of the Panel/Amendment process chairs have included Stuart Morris and Chris Wren. Participants PPV acknowledges that the costs of the process are rising and included representations from Councils, DTPLI, VicRoads, MPA, this is particularly an issue for regional Councils. Councils EPA, VicBar, Law firms, developers and expert witnesses. It allocate budgets to Panel matters, representation, preparation operates as a ‘Chatham House Rules’ discussion between PPV of documents, and the like and the Panel should consider ‘on and regular users of the Panel system. The key issues and the papers’ hearings where appropriate. Council staff should actions to emerge from the most recent roundtable follow. be encouraged to appear as expert witnesses if the situation 1. Usefulness and clarity of Panel reports warrants, but if they do so, they must engaged in the same way as all experts, and must abide by the same protocols. The consensus was that Panel reports that provide an Executive Summary with consolidated recommendations upfront are Time taken by Councils to present their opening submission extremely useful. It was considered that the length of some could be reduced by tabling its submission prior to the Hearing. Panel Reports do not always correspond with the complexity of Council’s role at the Hearing could be better utilised by the matter (some Panel Reports are too long) and some Reports summarising its statement and go straight into evidence (to be should be clearly structured, ‘get to the point’ and only include stated in the Directions Letter). In this regard, some Panels are information that is necessary. It was found there was no real now directing Council to prepare a ‘Part A’ submission that has support for interim reports. A clear rationale or link between the all of the background material and formalities to be tabled and discussion and Panel recommendations is needed and some of exchanged at the same time as the evidence.

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12 / VPELA Revue March 2015 3. Directions Hearings 5. Breakout session It was found that a ‘good’ Directions Hearings occurs where This session urged clearer drafting of recommendations and members have clearly read and understood the background planning permit conditions, especially in PSP matters. It was material, and then identify issues for parties to address during observed that some Panel members request too much further the Hearing process. It was considered that an additional information from parties, and they need to be cognisant of cost Directions Hearing could take place for larger matters to identify and consider what they want and why they want it, not what is nice unresolved matters. Some participants suggested that the to have. Some Panels should consider site inspections earlier timing between Directions Hearing and Hearing is insufficient for expert witness preparation and to resolve outstanding issues, in the Hearing for larger matters to avoid misunderstandings. and asked that PPV consider a larger gap, especially where an Panels should consider carefully what is to be to achieved from expert conclave is involved. Directions Hearing and prepare adequately, and it was raised that some Panel members lack consistency in their approach. Some participants suggested that Panel members err on the The participants suggested that further training should be side of extreme caution regarding procedural fairness, which can provided for some members. be an can be an issue with some submitters. 6. Going forward 4. Mediations and conclaves In taking all of this forward, as well as ongoing feedback, it is It was questioned whether mediations and conclaves would be accepted and acknowledged that while of course not everyone useful in the Panel process. It was considered that most Councils will agree with an outcome, what PPV strives for is to ensure work through issues with landowners and submitters as a matter we are fair to all parties, robust in our conduct of the hearing of course (or at least they should). Mediation often takes place in and consideration of issues through submission and evidence, relation to PSP matters with informal conferencing between the and that our reports are concise, well written and unambiguous planning authority and developers. Mediation could be useful if in our findings and recommendations. Your ongoing feedback incorporated into the Panel process with more structure. While some Panels (and especially environmental processes) use on the overall operations of PPV is welcome to address any conclaves, there was general agreement that expert witness issues you may have to ensure a process of positive and conclaves are advantageous and mostly productive if managed continuous improvement. well. PPV has now implemented expert witness conclave Kathy Mitchell, Chief Panel Member, Planning Panels Victoria guidelines to provide guidance to participants about how a conclave should be conducted. DEVELOPING VICTORIA

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VPELA Revue March 2015 / 13 News from VCAT Major changes at VCAT

Helen Gibson VCAT Deputy President

New approach to listing responsible authorities of a substantial burden in complying with Practice Note PNPE2. On 2 February 2015, VCAT introduced major changes to the way we list matters in the Planning and Environment List. Other changes to the Practice Note aim to reduce adjournments or delays in hearings by requiring more detail on Aboriginal The most significant change was to VCAT’s initiating orders for Cultural Heritage Management Plans and more information all applications for review. The initiating orders give parties a from the Environmental Protection Authority date for their hearing and a date for any compulsory conference or mediation. They also spell out what each party or agency Fee reimbursement needs to do, and by what date. For the first time, this information is available at the outset of the proceeding, giving parties more Under Section 115B of the VCAT Act 1998, which came into effect time to prepare, organise for witnesses or experts to attend, last year, VCAT can now order that one party reimburse all or engage advocates and amend plans part of any fee paid by the other party, including the application fee or daily hearing fees. To enable us to plan the entire proceeding, we now require permit applicants applying to VCAT under Section 77, 79 or 80 of Fee reimbursement orders can be made against parties in other the Planning and Environment Act 1987 to supply much of their types of proceedings such as enforcement orders, applications supporting material upfront. for the cancellation or amendment of permits, declarations, and in applications This includes copies of the permit application, VCAT must consider a concerning land valuation or compensation. plans, and supporting documentation lodged range of factors when There are limits on the amount of fees that can be reimbursed in Major Cases List with the responsible authority. They must making an order for fee matters. VCAT cannot order an objector also supply extra details – for example, the reimbursement… name of the relevant planning scheme and to reimburse fees, if they became a party overlay, whether there were objections, and if only by lodging a statement of grounds in there is a cultural heritage management plan. As you are aware, an application under sections 77, 79 or 80 of the Planning and the responsible authority would previously have had to supply this Environment Act 1987. material to VCAT. VCAT must consider a range of factors when making an order for Other changes included making compulsory conferences the fee reimbursement, including the nature of the proceeding, the preferred method of alternative dispute resolution, rather than issues involved, the outcome and the parties’ conduct. mediations, and introducing a preference for corresponding by An applicant seeking review of a responsible authority’s failure to email rather than regular post grant a permit is automatically entitled to have fees reimbursed To support the changes, we have developed a new set of if the VCAT application was lodged on or after 10 September 2014 application forms. Applications lodged before 2 February 2015 (section 115CA of the VCAT Act 1998). The applicant must request will proceed under our former processes the order for reimbursement – VCAT will not automatically make it, and it does not have to consider the outcome of proceedings Practice Note amendments when making such orders. In January 2015, we amended our Practice Note PNPE2: The responsible authority in section 115CA applications may not Information from Decision Makers to reflect our new listing have to reimburse fees if it satisfies the tribunal that there was processes, including extending a provision that was previously reasonable justification for its failure to grant a permit. only available in the Major Cases List. VCAT’s power to order reimbursement of fees does not affect its Currently, if an application is included in the Major Cases List power to order costs. and the responsible authority has been served a copy of the application and accompanying reference documents, the More information responsible authority can indicate with an asterisk, beside any For details on any of these changes, visit vcat.vic.gov.au. item in Table 1, that the information or reference document provided with the application is correct Helen Gibson is VCAT Deputy President, Head of the Planning and Environment List This provision is now extended to all applications under sections 77, 79 and 80 of the Planning and Environment List 1987, relieving

14 / VPELA Revue March 2015 Places Urban renewal: Tip Top Brunswick East

Where history meets style Michael Fox Managing Director of Little Projects

Little Projects recently completed our Tip Top Brunswick East level to ensure objectives are achieved for the development as redevelopment, by far the most exciting project that Brunswick well as community as a whole. There had been two unsuccessful East has seen in decades. attempts by previous developers, before Little Projects acquired the site. Over the next two years, we met with local councillors At the heart of this project is a truly landmark site. After securing and the local residents group with a focus on ensuring our vision this prime 1.2ha site, just 3.7km from Melbourne CBD and near could align with local objectives so that we would be able to the thriving Lygon Street precinct back in 2009, we set about deliver the best possible outcome for our future residents and transforming it into an exciting lifestyle precinct. their surrounding community.

Recently, Tip Top Brunswick East was awarded the 2014 UDIA VIC This alignment of vision extended beyond the site. From Urban Renewal Award and the 2014 Australian Property Institute discussions we identified some of the local infrastructure needs, Heritage Property Award. Tip Top has since been nominated as which included a lack of child care facilities and a shortage of a finalist in the National UDIA Awards representing Victoria to be public car parking close to Sydney Road. These items have been held early in 2015. included within Tip Top.

With an end project cost of $215 million the rejuvenation plans For the design, we were always committed to integrating and for Tip Top, located between Edward and Weston streets, came restoring the heritage facades on Edward and Weston streets. with a strong commitment to maintain and celebrate the site’s Another key opportunity for Little Projects was to connect the iconic history. Initially operated by Northern Bakeries and development into the network of surrounding streets through later Tip Top Brunswick, this site has high local historical and the use of pedestrian and vehicle linkages for residents and social significance. the local community to utilise. The development features a new lane that connects Edward and Weston streets for vehicles, Established in 1939 pre war Melbourne, the old bakery site bicycles and pedestrian use, as well as several landscaped needed significant remediation works to be revitalised after pedestrian mews. being derelict for nearly a decade. The restoration extended from the deco building on Edward Street that was the original offices, The planning process was long and cumbersome with a very to the Weston Street stables and beyond. strong residents group who were well organised. On the night of the Council meeting to determine the application it was standing We allowed the authenticity of the site’s history guide us. We room only. sought out Kim Lowman from RotheLowman to design a modern, contemporary development that connected strongly Initially we had hoped for ten storeys in the middle of the site as with the heritage of the site. we had been very sensitive to the surrounding interfaces.

The team and I have extensive experience working with complex Council approved 7 levels which after appeal at VCAT was sites, and always work collaboratively at both a local and state increased to eight storeys.

VPELA Revue March 2015 / 15 The Rye building on Edward Street is a re-invention of the bakery’s old art deco offices. The building is an example of the Dutch Modernist approach and draws on the architecture of William Dudok, as well as pre-eminent Melbourne architect Harry Norris. The lobby has retained the original glasswork, the old form of the staircase and the old terrazzo flooring. These work together with beautiful modern custom pendants and a feature heritage artwork installation to blend the old with the new.

The old Stables building has been re-invigorated on Weston Street. To think that years ago this originally housed the horses and carts used to deliver warm loaves of bread to the city of Melbourne and is now home to many new residents.

The Silo building is the centrepiece of our new community and features 167 one and two-bedroom apartments. It’s the tallest building at eight levels with the upper levels enjoying views to the CBD, the Dandenong Ranges and Melbourne’s greater north. But the height of Silo cannot be seen from either Weston or Edward streets, being cleverly concealed from view by the Rye and Stables buildings. We spent more than eight months in initial planning and design meetings with the residents, heritage consultants and council. The Grain building on Weston Street boasts sweeping art deco From application to final VCAT approval was another 13 months. inspired architecture, and features only 21 bespoke apartments with curved edges and generous terrace balconies. Tip Top Brunswick East also has a Green Travel Plan for residents, which encourages residents to live sustainably, The Malt townhouses at four-levels, provides three bedrooms, making the most of its excellent proximity to public transport good storage, a media room, large open planning living and a and through the provision of extensive bicycle parking spaces. private underground garage. There are 266 resident bike spaces within the basement and an additional 56 visitor bike spaces, aimed to encourage a reduction The Seeds building features 78 generously proportioned one in the use of cars. and two-bedroom apartments, each with a private courtyard or balcony. Spanning the entire rooftop level of the Seeds is the The development achieves an overall six star energy rating, with 92 place childcare centre. The childcare centre is an incredible a focus on maximising liveability and light within the residences. space, integrating indoor and outdoor spaces to provide year round enjoyment. We worked closely with the Learning ESD initiatives at Tip Top include 8kw photovoltaic system with Sanctuary to deliver a truly unique childcare facility, with private panels to provide light and power to the common area, solar gas lift and lobby access. This is an ideal new addition to this suburb boosted hot water across all buildings, reverse cycle heating/ on the rise. cooling units that work in conjunction with a thermally efficient building envelope, energy efficient appliances and lighting The most pleasing aspect is that everyone loves the outcome. throughout, motion sensors to common area lighting and a one hundred thousand litre rainwater catchment to supply water to We have taken the Council planning team and many of the initial the common area landscaping. residents who were against the proposal through the site since completion, and fair to say it’s met with resounding positives. Our Tip Top redevelopment features a mix of apartments, townhouses and commercial spaces, designed to suite a range Following the projects completion late in 2014, we hosted a of owner occupiers, first home buyers and investors. “Live a Little” street festival for residents of Tip Top Brunswick East and the surrounding streets to celebrate its completion Consisting of six unique residential buildings, each building and encourage our residents to meet their new neighbours. We taking inspiration from the site’s bakery heritage. While individual celebrated with live music, good food, bread making classes and in their design, they sit cohesively together to create a striking a host of other activities to bring the community together. architectural statement. We even branded the buildings with bread inspired names to pay further homage to the site’s history From priceless local heritage, we have crafted and delivered – Stables, Seeds, Silo, Rye, Grain and Malt. a truly healthy and happy community. The re-invention of the old bakery is now complete. Yet this story for Tip Top residents is The apartments focus on natural light and liveable design, where just beginning. every element of space is considered for maximum liveability. We wanted the apartments to be modern yet time-less and Michael Fox is the Managing Director of Little Projects, functional. This attention to detail and superior quality is a Melbourne’s leading private development companies. hallmark of Little Projects work to date. Established in 2006, Little Projects has delivered over 1400 new apartments, with over $1billion of development Subtle approaches taken by the architects, RotheLowman, completed and under construction. allowed us to tell the story of the old and the new to create a grand regeneration.

16 / VPELA Revue March 2015 People A female career in traffic and transport

Kate Partenio

Stepping away after 24 years in the field of traffic engineering You will have to play by these rules until you can change them. and transport planner, I have been asked to reflect on how I There are people who look after “number one” first. They don’t became a director of Australia’s largest specialist traffic and necessarily mind who they step on and will pick on the weakest transport companies; what were the experiences and lessons. to get a leg up. These will often by people motivated by a single- minded ambition. I take a more holistic approach (a typical Starting out female trait) in trying to ensure the team, the company and the client win; rather than myself. Having said that you still need to Having completed a civil engineering degree, I started my career, take charge of your own destiny, don’t drift and think “if I just do as an assistant traffic engineer at the former City of Keilor what I am asked competently progress will follow”. (now part of Brimbank). The engineering department already contained a female engineer and a female draftsperson so I was One of the traits often found in men is self-promotion. Perhaps not a trail blazer, but I was surrounded mostly by males. Having learnt on the sporting fields, men can be better at publicising completed an engineering degree with less than 10% female, their successes. Look around and observe the peacocks. Are this was not unexpected. My first real test at Council was with they being rewarded because they speak up? – if yes, then play the Works Inspectors. They called me over with a problem and I the game and talk up your successes; self-promote. You may not provided a practical and logical solution, which frankly surprised need to be as public as the peacock but you need to think what them, both because I was a new graduate and a female. But will make my bosses notice me. (Noting a good boss should see perhaps it was because I had the confidence to actually speak up through the peacocks plumage.) at all that sealed the good relationship. Talk to your boss and find out what you need to do take the next step up. Clearly establish the KPI’s and ensure that the I maintain that the keys to success are communication and right people know when you achieve them. Communicate, listen confidence. and learn. Whilst at Council I looked for opportunities to take responsibility. I was lucky to have a couple of great role models and manager to Stepping up guide and nurture my fledgling career and I took all opportunities Taking charge of my career after 4 years in local government I to continue to learn, leading into to post graduate studies in moved into the consulting sector joining GTA in 1995. I went from traffic engineering and transport planning. reviewing consultants’ reports to writing them. From detailed At Council, I was first exposed to the “game men play” called traffic engineering to transport planning. Under the guidance of Greg Tucker, I expanded my knowledge and developed business. It can be ruthless. I don’t like stereotypes but there project management skills before gradually getting involved at are typical differences between men and women that are long management level. ingrained, like tests of strength. This is not to say that all men are like this and for those men that are not, the following may be Perhaps my earliest start in management was training the useful in understanding part of the competition. What we need new graduates under me. As a part of this process I identified to realise first is that we do not all need to play the same way opportunities to document some of the training and procedures but we should understand how each other plays. Study the rules to improve the transfer of knowledge and consistency in each play by and understand the motivations driving each player. approaches. Undertaking such tasks does draw a consultant

VPELA Revue March 2015 / 17 away from consulting work and the positive impact on the bottom • Melbourne Convention Centre Development, being involved line is not as obvious as a sales KPI that is easily quantifiable. from the initial bid stage through to opening; A competitive person may therefore not understand the value • Compensation claim case for the Craigieburn Bypass taking of such work as a result. However this can be countered by me back to road plans in the 1960’s. ensuring that your KPI’s reflect the benefit of the management tasks you undertake and again by celebrating your successes. Gone are the days when the architect would design the building Having written GTA’s first employee manual, I eventually turned and then say to the traffic engineer, “Right, here is the access this and other manuals written over the years into an integrated to the car park. I can fit 600 spaces. Give me a traffic report for management system that is independently certified as complying Council”. This approach has been replaced by an understanding with ISO9001 (Quality), ISO14001 (Environmental) and AS4801 that if a building is to become a part of the community, we need (Health and Safety). first to consider how to integrate it into the community. With the increasing cost and congestion of roads and parking and the The question I am most often asked: shrinking spaces available for development, traffic engineers “Work Life Balance” and transport planners are increasingly joining projects at their outset. This trend will continue as our cities and regional towns Work-life balance is a phrase that was probably only really continue to grow. All of this adds up to a healthy industry that starting to gain traction when I started working. I was a director is seeking outcomes that are more holistic, which is where a before I really tested the waters of work-life balance; entering female perspective can help. parenthood and returning part-time. I was lucky to have a very supportive team around me and my multi-tasking skills came Kate Partenio BE(hons)-Civil, Grad Dip Traffic & Transport. to the fore. To ensure that things did not slip, I stayed accessible Kate resigned her directorship at GTA Consultants in via phone on my days off. But it is important to remember that December 2014. these are family days so try and limit email access. Advise people to call you if it is actually urgent rather than email, as it is often quicker to deal with items over the phone than having to compose a polite email that may have more questions than answers. But remember to “switch off” to reduce stress.

Think that being “at home” or “on the golf course” on a Tuesday is not a great deal different to a client than if you are locked up in a hearing on another matter for the day or busy completing another task. The end result is the same: you are not available. Do not feel you need to explain why you were/are unavailable. The reason is not important at the end of the day. Move quickly on to a positive theme – “how can I help you?” (Use the same approach if unavoidably late to a meeting – walk in and say“sorry I’m late, what did I miss”. This will show everyone you are ready to get down to work rather than waste more time on excuses).

Nowadays we not only find women working part-time but also men taking the same opportunity, to look after family, study part-time or undertake another activity, the last-mentioned particularly as they wind their careers down. This has helped with getting a greater understanding of the pressures of work- life balance. Funny term that; being a parent with young kids at home can be more hard work than life; Those who have seen me getting a 9am caffeine fix after a difficult child care drop off know I’ve already had a hard start to the day.

I learned not to feel guilty running out at 5:00 or 5:30 to do a child care pick up, trailing a laptop to finish something at home and giving last minute advice to the team. Guys don’t when they run off to footy practice.

Professional highs Over the last two decades I have been involved in a great variety of projects. Some that stick out include:

• Westfield Southland in the mid 1990’s which saw us prepare our first transport plans in CAD; • Providing expert testimony at the Coroner’s court;

18 / VPELA Revue March 2015 Places Rethinking the strip: Tract Consultants 2014 forum Thami Croeser and Adam Terrill Tract Consultants

Australia’s main streets are changing, and none so much as advocacy for Australian town centres, main streets and shopping Bridge Road in Richmond. After many years as a hub for cheap strips. On top of all this, we had academics and politicians in the clothing, vacancy rates are rising and the strip has been widely mix too; Nick Williams from the brought reported as being in decline. Almost a third of shops are empty, new ideas on how to green up our streets, and Yarra’s new Mayor, and the street is often empty of pedestrians and shoppers. Cr Phillip Vlahogiannis, joined us in some ‘blue skies’ thinking to Working at Tract Consultants, with offices just off this historic generate big ideas for the future. street, we view this change first-hand, as we alight the tram or grab the morning coffee. Former Mayor, Jackie Fristacky and soon-to-be Planning Minister, Richard Wynne MP, also dropped in, and were Every two years, we run a national forum, bringing staff together impressed with the conversation about the future of this vital to focus on a topical issue. After watching Bridge Road’s street that we had triggered. The shop generated much public deterioration over the past few years, this year’s forum topic interest, and served as a tangible and high profile reminder of was a no-brainer. At the same time, we knew that the way we our work. shop is changing, as is the way that Australians relate to their urban spaces. The historic bulwark of Bridge Road – clothing It also helped that in between all the serious deliberation, we had factory outlets – could no longer be relied on to give the street time to explore a number of Melbourne’s successful main streets, its vibrancy. check out the City of Yarra’s newest pocket park, and gather at a new co-working space called Lennox Street Exchange. And so was born a project to reimagine and revitalise the future of Bridge Road, which was held in October 2014. In doing so, We found that Bridge Road’s troubled retail strip lacks a vision for we hoped to gain valuable insights to apply to shopping strips the future; this is what matters most, because it’s this vision that and retail areas around the country. Fortunately, inspiration was will bring all the players together, guide strategic planners and followed by perspiration. We soon rented a vacant shop on Bridge ultimately provide both inspiration and a yardstick for individual Road, and repurposed it into a pop-up working space, complete initiatives. As long as the retail segment of Bridge Road clings with improvised furniture and studio space devoted to the future to a single-faceted identity as a place to buy cheap socks, we’re of Bridge Road. going to keep seeing vacant shops, conflicting stakeholders and frustratingly isolated policy and design. Our forums are usually an internal affairs, but this time we made It is clear that Bridge Road’s days as a clothing based retail a deliberate decision to turn ourselves outwards, and to engage destination with a regional catchment are over. Melbourne is a city shoppers, retailors, developers, Council and industry in a shared of towns with an increasing culture of localism, and Bridge Road discussion (#rethinkingthestrip).

The University of Melbourne’s School of Design worked with us in our studios, leading a diverse team of postgraduate architects, urban designers and landscape architects. The students used the space to rethink Bridge Road, and the results of their studio adorned the walls for all – including the public – to see. Puzzled shoppers often stepped inside, querying what we sold, to be greeted with the well-worn refrain – ‘ideas’!

The forum itself brought together an impressive array of ideas and perspectives, thanks to the participation of all manner of stakeholders – running the gamut from shopkeepers to policymakers, designers to analysts. A look over the program was a good reminder of how vital main streets are to Melburnians from all walks of life. Herschel Landes from the Bridge Road Traders Association brought all the passion of a trader who really loves his street; David Walmsley offered Yarra City Council’s ideas, with the hard empirical evidence provided by Richard Jenkins of Knight Frank Property Research. Placemakers from Hello City, Place Associates and Deep End Services brought specialist knowledge in what makes streets work; Steve Bentley from Mainstreet Australia offered perspectives from seven years of An empty Bridge Road shop transformed into a Tract working studio

VPELA Revue March 2015 / 19 Where else are there successful strips? The forum focused on practical ideas is well-positioned to return to its original role as a local centre, to rethink the ground level with retail or food and drink better with a greater diversity of offerings and activities. This activity targeted to local needs. could be supported by better use of the ‘hinterlands’ – the areas behind the main strip, which could be rich in laneways, medium- It was widely acknowledged that the factory outlets were an density residences and offices. This will need to be supported by ‘aberration’. Many pointed out that before factory outlets serving a new network of public spaces – places where you can enjoy a metropolitan catchment dominated the street, it served the local community, offering day to services like butchers, bakers Bridge Road as more than a shopper. Bridge Road’s abundant and grocery stores. The view was that Bridge Road needed to shoptops also could be part of a more vibrant streetscape, return to this role, much like the neighbouring Swan Street, provided a set of design and planning guidelines can make it which was once regarded as Bridge Road’s ugly duckling but easier to utilise these well-placed spaces. Finally, a closer focus now eclipses Bridge Road. on the quality of the streetscape itself has to be a part of the discussion (including the design of tram superstops); flourishing Bridge Road has a bright future. With new local population, a suburban malls has taught us how important it is to create focus on authentic experiences that no mall can replicate, an environments in which shoppers feel comfortable yet enthused. improved streetscape, and renewed local retail uses, all wrapped up in a shared vision, it can once again regain its title as one of We also saw the sudden interest in Bridge Road as a high density Melbourne’s best shopping strips. residential location as a real opportunity to revitalise the strip. Not only would this provide much needed local population in Thami Croeser and Adam Terrill, need of convenient services, it would also offer the chance Tract Consultants, Richmond

Tract staff with the assistance of local stakeholders explored the theme

20 / VPELA Revue March 2015 People A day with Susan Brennan SC

Jenelle Cramer Gadens

Since signing the Bar Roll in 1998, Susan Brennan SC has – consists of settling an affidavit for a judicial review enjoyed a stellar career as a highly accomplished barrister. With proceeding, preparing cross examination for a hearing that’s the finesse of a tightrope walker, she balances this role with coming up in a couple of weeks, settling an application for many demanding and enriching calls on her time. As a parent, review in a quarry case – just getting the grounds right so an activist, a volunteer and a singer, there is no such thing as a that we’ve covered all the technical issues that those kinds typical day in the life of Susan Brennan. of cases raise – and doing some research about two really interesting legal questions we’ve got coming up. In a candid interview, Susan provided some insight into how she manages to fit three lifetimes into one. One [research question] is about how to interpret the clause “I might come in at 8am, read a little bit of material that is in the Melbourne Planning Scheme about whether the relevant to the conference I’m about to have. I might have a Minister or the Melbourne City Council is the responsible conference at 8.30am, finished by 9.30 then I set off for the authority I’m also doing some research into the exemption tribunal and meet my junior on the way. provisions in the CBD and when a third party entitled to object to an application Then we’ll run the case in the Tribunal. even if it’s exempt. We will rely on the evidence that we’ve “I love singing and I find it settled and the written submissions that very therapeuitic, relaxing Interspersed with that, I’ve got a couple we’ve prepared. I’ll have thought about and enjoyable” of conferences for cases that are coming how I want to open the case for our client, up next week, all to do with the St Kilda and I always have handwritten or typed Road North precinct and the question of notes about that. Some of my peers can mandatory or discretionary height controls, do it off the top of their heads or from the back of an envelope an issue which is alive and well in our area of practice. but I prefer to gather my thoughts in writing. The great dimension of planning work specifically is that Sometimes the Tribunal will rise at 1pm and occasionally focus on the future, the future of the city or the community or I’ll duck back up to chambers to grab a document that we the State, a focus which isn’t necessarily shared with other need or find a case. Often if I’m down at King Street or up at litigation. A lot of other litigation, a lot of other barristers, Panels, I won’t come back to chambers unless I need to. focus on past events – who said what to whom, who did what The hearing day finishes at 4.15pm and I come back to to whom, what did the contract say or mean at the particular chambers. There will usually be a series of phone calls time – whereas we’re oriented towards things that might or that I have to return. I often have a conference at 4.45pm. might not happen and anticipating what they are and whether Sometimes I’m running late from the Tribunal and I’ve got a that’s a good thing or not. I love those aspects of the work.” room full of people waiting but they’re always very obliging and understanding.

Then I need to consolidate the work of the day, for example, understand whether anything has gone wrong in the case that needs to be fixed. Are there issues that I need to raise with witnesses that they’re not on notice about, that I want them to be able to address when they give their evidence? Do I need to talk to Counsel on the other side about anything that’s arisen? Do I need my instructors to go off and do some more research? Do I want junior Counsel to do something? There’s always a period after the end of a day’s hearing where one is just tidying up loose ends for the day.”

In comparison, you would think that Susan’s non-Court days would be relaxing. They’re not. On the day I’m chatting with her, she is the beneficiary of a day in chambers because her case for that week has settled.

“So if I’m not in Court, my day – and today is a good example Susan Brennan SC

VPELA Revue March 2015 / 21 In amongst all of the above, Susan also manages to squeeze in a break, something a bit different. That’s part of the way time to sing in the Victorian Bar Choir. I’ve chosen to be at the Bar. It’s to have the opportunity to make contributions to organisations like the World YWCA ”The choir rehearses every Thursday and it’s a great collection and ActionAid. of people:. people who don’t practise in your fields, whom you probably don’t know. I can’t always get to every rehearsal, but ActionAid is a quarterly board meeting face to face and it’s just a great thing to do if I can grab the hour on Thursday then more frequent meetings by telephone. There’s always lunchtime to go and have a sing. I love singing and I find it things that one is doing, whether recruitment of new board very therapeutic and relaxing and enjoyable.” members, performance review of the CEO, strategy for how to engage with a government which has cut the aid When asked about the end of her day, she observes: budget severely.

“Often I will try and get home for dinner with the family. With the World YWCA it’s just an annual board meeting in I usually fail but I’m always home in time for stories. I love Geneva each year but there are lots of other opportunities reading stories to my children. At the moment we’re on Harry and responsibilities I have. Potter and the Half Blood Prince. I can always be persuaded to read an extra chapter (she laughs). I’ve really enjoyed it so Last year, I was in Palestine for a conference on women, far and so have my son and daughter. But because they’re peace and security. I was in Columbia for a meeting of still quite little they can only watch some of the movies. women from around the world trying to envision the state They’re not allowed to watch M rated ones, they can only of the world in 20 years time and the role and place of the watch the PG ones. But we’ve read beyond the PG rating (she World YWCA in that. I was in the Solomon Islands working laughs again). with young women in their leadership development program. It is a great opportunity to engage with issues beyond That’s the stable and grounding period of my day.“ the immediacy of the cases that we do on a daily basis and I love that. Susan also has a long history of involvement with non- government organisations that help to empower women around Because the World YWCA is a truly global organisation, we the world. She is the youngest woman known to have served often have teleconferences at 11:00pm at night, because as President of the World YWCA (Young Women’s Christian that suits 6:00am in Trinidad and 2:00pm in Geneva, and I’ll Association) and is actively involved with ActionAid. She talks to be getting emails from Finland and Liberia and Malawi and me about her volunteer involvement: Jordan at all hours of the day and night. But you know, like all emails, you have to learn how to manage them and when “In March, I’m going off to the United Nations Commission to respond to them!“ on the Status of Women. It’s particularly important in 2015 because it’s 20 years since the governments of the world When I point out to her, laughing, that there is no such thing as a agreed on the Beijing Platform for Action, a kind of manifesto typical day in her life, her response is this: on how to achieve equality, development and peace through the lens of women’s human rights. And 2015 is also the “No, that’s probably right! That might be true for a lot of year that the governments around the world will agree on a barristers, but I think that the variety is one of the things that series of Sustainable Development Goals which replace the I really enjoy about my work. You know I don’t come in and sit Millennium Development Goals as a series of commitments at my desk for 8 hours and then go home. It’s quite different.“ that governments make around health, education, gender equality, the environment and so on. So in March for a couple That’s a massive understatement. I’m in awe. of weeks I’ll be in New York. It’s not really a holiday but it’s

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22 / VPELA Revue March 2015 The Business Rory’s Ramble

The art of building community Rory Costelloe Villawood Properties

My neighbour was telling me about a book he was reading. It’s church is located right at the centre of an activity hub comprising called The Art of Belonging, and it’s written by well-known author – among other things – shops, restaurants, commercial offices and social commentator Hugh Mackay. What he told me about and a supermarket (rebranded as a “village grocer”). it aroused my curiosity so I looked it up and was immediately struck by the similarities between the issues that Mackay raises The design of this church is the realisation of our vision when regarding where people choose to live – or wish to live – and why, we first designed the Alamanda community and that particular and the implications for those of us involved in the design of the precinct. Villawood Properties had originally planned to have a spaces in which people go about their lives. church at its Alamanda Community Club, but the idea was vetoed by the Residents Committee, who thought, at the time, that it may The further I got into the book the more it confirmed my view prove contentious. of the importance of community and more pointedly, of the things that motivate people to live where they do and how they We envisaged a Church as a community hub to provide youth do. Further, it crystalized some of my thoughts around creating services, vocational guidance and pastoral care. We remained effective communities. unswayed in our belief in the community value a church (no matter the denomination) could bring, so we worked hard to A key point in The Art of Belonging is that communities don’t create a space for one in our mixed use precinct. The land content just occur by accident or pure chance. “…communities don’t just made the cost of a ground floor church prohibitive, so we located happen. We have to create them and build them. That means it on the first floor – above a supermarket – where it now exists in an auditorium with a 300 seat capacity. That the church now participating in the life of the community – socially, commercially, functions so effectively as a hub, is particularly gratifying. culturally,” Mackay writes. It’s clear – or at least it’s always been clear to me – that they are made; either literally built from It’s not about favouring one denomination over another. It is scratch or through decisions people make to congregate. Yes, however about acknowledging the role a place of religious there’s an element – more in some than in others – where they worship – while not for everyone – can play in bringing about develop organically but essentially they are brought into existence cohesiveness and a sense of belonging. And it’s about a through acts of will. church’s potential to make a person feel at home – both the space and its purpose. Continuing with this theme, Mackay stresses that maintaining the health of a community, requires ongoing and conscious There’s increasing evidence in Australia and throughout the effort. And how are we to avoid the demise of communities, and western world, of younger people either leaving inner city further, ensure that they thrive? According to Mackay, “Part of the areas, or at least expressing a desire to leave, in favour of the answer lies in the quality of urban design and, in particular, the oft-maligned suburbs. Despite being disparaged at times, most creation of more imaginative and socially attuned living spaces people in the western world live in them and, as Mackay says, with increasing emphasis on public rather than private space – they’re, “affordable, convenient and pleasant.” including well-designed hubs.” I think this increased sentiment among the young for suburban Hubs are absolutely crucial to building strong communities. What life has a lot to do with a sense of alienation and the loss of constitutes an effective “hub”? Churches and various places of community, which Mackay articulates in his book. Suburbs, when religious worship have filled this role for millennia, although well-designed, with a view to sustainability – social, environmental they’ve fallen out of vogue in recent decades. However, there and economic – provide a sense of community, where people can seems to be a resurgence in the popularity of churches – across interact meaningfully. a range of denominations. Creating a community is not a task to be grasped lightly. It Churches provide cohesion, a degree of guidance – especially for takes extraordinary amounts of time, effort and resources the young – and a sense of care. This latter element is particularly to conceive and deliver a master-planned community with poignant. When one examines the demise of many communities a community centre run by an Owners Corporation. It takes more closely, often it is alienation which lies at the heart of commitment to fund a multi-million dollar building and hand this demise. it over to the residents to run, subsidising the operating costs until the community develops the critical mass of population A recent article by Philip Hopkins in The Age examines the revival and expertise necessary for self-sufficiency. But I believe that it’s of the church as a community hub. It cites the work of architectural incumbent on us who work in the industry to make addressing firm Clark Hopkins Clarke. Among the firm’a work is a church at this need for community our priority. What we do in this regard Villawood Properties’ Alamanda community in Point Cook. The will have profound long-term societal implications.

VPELA Revue March 2015 / 23 The Business VCAT seminar: What’s new at VCAT in 2015? Sophie McGuinness, Harwood Andrews and Megan Schroor, Rigby Cooke

On 12 February 2015, Harwood Andrews and Rigby Cooke used in the Major Cases List and require the applicant to provide Lawyers sponsored a well-attended VPELA seminar, What’s a range of information including: New at VCAT in 2015? Speakers Deputy President Helen Gibson and Senior Member Laurie Hewet gave their audience valuable • a copy of the permit application, plans and supporting insights into the raft of procedural changes introduced into the material; Planning and Environment List this year. • the name of the relevant planning scheme, zone and any overlays; and During 2013 and 2014, the Tribunal conducted extensive • whether there were any objections (and how many). consultation with a range of stakeholders including consultants, local government, legal practitioners and the general community This change shifts a significant administrative burden from about the performance of the Planning and Environment List responsible authorities onto applicants and enables the and possible areas for improvement. Key feedback from this Tribunal’s Case Management Committee to plan the course of a consultation included the need to: proceeding at an earlier stage. • streamline procedure; Parties to a proceeding: • provide greater certainty around timeframes; and updated Statements of Grounds • improve the effectiveness of alternative dispute resolution practices. The new Form B – Statement of Grounds makes it clear to potential parties that, unless they intend to appear and present The changes introduced in February 2015 seek to address these a submission at the hearing, they will not be a party to the concerns. Elsewhere in this edition of VPELA Revue, Deputy proceeding. This change reflects the introduction of clauses 56(5) President Helen Gibson outlines these changes, referring the and (6) to Schedule 1 of the Victorian Civil and Administrative reader to the amended Practice Note PNEP2 Information from Tribunal Act 1998 (VCAT Act) in September 2014. Decision Makers. The Tribunal must consider all statements of grounds lodged in a In this article, we focus on four areas discussed at the seminar: proceeding, but persons who indicate they do not wish to appear timelines for standard cases, new information requirements for will not receive any further correspondence from the Tribunal applicants, becoming a party to the proceedings and the shift and will no longer be parties. As before, if amended plans are from mediation to ‘compulsory conferences’. circulated in a proceeding, (unless an order for substituted service is made) all persons originally notified of the permit Standardised initiating orders: application will be given notice and will have an opportunity to setting the timelines lodge a statement of grounds and become a party. Standard initiating orders commenced on 2 February 2015. Similar to the initiating orders in the Major Cases List, these orders define the key steps and processes for an entire proceeding. Before this change, uncertainty about the timing of the hearing had (sometimes serious) implications for the preparation of amended plans and expert witness material.

For “standard” applications (e.g. under sections 77, 79, 80, 82 and 82B of the Planning and Environment Act 1987), the initiating order will schedule a compulsory conference 12 weeks from the date of lodgement and a hearing date approximately 10 weeks thereafter. Shorter time periods will apply in the Short Cases List and for non-standard applications, such as applications for enforcement orders or declarations.

Information requirements in the Standard List Applicants for review now need to provide substantially more information with their applications. New application forms, which are available on the VCAT website, are modelled on those Adrian Finanzio, Helen Gibson & Laurie Hewett

24 / VPELA Revue March 2015 Andrea Pagliaro, Fiona Slechten & Cameron Dash Grant Hogan & John Haysey

Compulsory conferences: • compulsory conferences will be scheduled for a date more than mediation 10 weeks prior to hearing. This is anticipated to provide sufficient time if the matter is not settled at compulsory Compulsory conferences have been introduced as the primary conference for parties to continue discussions and for method of alternative dispute resolution in the Planning and responsible or referral authorities acting under delegation Environment List in 2015. to seek authority to settle.

Described by Senior Member Hewet as ‘mediation with teeth’, Audience members expressed concerns about the potential for a key advantage of compulsory conferences from the Tribunal’s procedural and natural justice issues to arise from compulsory perspective is that they provide increased scope for Members to conferences, including: take a more active role in settling disputes. • the possibility that parties may focus on seeking to persuade Parties should be aware that the VCAT Act specifically provides the Tribunal Member of the merits of their position rather the power for the Tribunal to make orders to strike out a party than genuinely seeking to reach agreement with the parties; or to make adverse orders against a party if they fail to attend a and compulsory conference. • if a Tribunal Member expresses a view about the prospects of one or more party’s case, whether this may have the The key benefits of the compulsory conference model discussed unintended effect of reducing the likelihood of a settlement at the VPELA seminar include the following: being reached.

• it represents a more ‘facilitative’ model where Members A key difference with the compulsory conference is that the are less constrained in their role. Members can clarify member who hears the conference may also hear the final issues and, where appropriate, provide their view about the hearing. Discussions arose in relation to whether a Tribunal prospects of success, which they are not permitted to do in Member involved in a compulsory conference would, in the mediation; interests of natural justice, be precluded from presiding over the • parties should be more prepared for and actively involved in final hearing of that matter. This is contemplated in the section 86 the process having regard to the power for non-attending of the VCAT Act which provides that if a party objects the member parties to be stuck out and to the scope of orders that can be ‘must take no further part in the hearing and, if necessary, the made; and Tribunal must be reconstituted’.

Sophie McGuinness & Anna Borthwick John Cicero , Katrina Thomas & Mimi Marcus

VPELA Revue March 2015 / 25 Places Changing the game in Colombia A creative lesson about transport infrastructure Gerrit Prent City of Whittlesea

What do drug cartels, ski gondolas and urban transformation their source using urban planning, high quality architecture and have in common? At one time or another they have all achieved physical infrastructure as its weapons. The aim is to invent a international success in the city of Medellin, Colombia. new Medellin by demonstrating that violence can be overcome through equal opportunity and social inclusion. Once home to the infamous drug lord Pablo Escobar, Medellin was known during the early 1990’s as the most violent city in Under the Medellin Urban Integration Project, community the world. Escobar‘s cartel is said to have controlled over 80% members collaborated with the government to prioritise and of the cocaine shipped to the US and in 1987 he was named the design a variety of health and community centres comprising 7th richest man on earth by Fortune and Forbes magazines. childcare facilities, job-placement bureaus and credit agencies His rise to infamy cost the lives of three Colombian presidential amongst other in-demand services. New schools have been candidates, an attorney general, a justice minister, more than built, existing schools refurbished and public open space 200 judges, dozens of journalists and more than 1,000 police areas stylishly modernised, all to high quality architectural officers. Escobar was eventually shot and killed by Colombian standards and in the heart of the city’s most impoverished and police, although his legacy lives on through warring cartels dangerous neighbourhoods. eager to advance their control of the cocaine supply chain. The most iconic project has been the construction of a gondola When I visited Colombia in 2014 it was common chatter that called the ‘Metro Cable’, much like those seen on ski fields. the desolate slums populating the outskirts of Medellin had for They reconnect the informal housing settlements hundreds of a long time provided a ready supply of recruits for the cartels. metres up the mountainsides with the principal metro transport The government had mostly abandoned the slums and their in the lower valley. Costing commuters approximately $1 per inhabitants, and in the absence of employment opportunities and trip, the Metro Cable reduces travel times for the poorest people public services, Escobar and his gang won the hearts and minds in the city from an approximate 1 hour climb up the mountain of Medellin‘s poorest with his largesse – even as he terrorised to about 7 minutes on the gondola. This unconventional urban the city around them. Medellin went on to become a city with one transport model has also enabled the city to avoid the more of the highest rates of crime and social and economic inequality typical and significantly more expensive road or rail based in all of Latin America. alternatives. For those unable to afford a ticket, a network of outdoor escalators have been installed along the valley at the Today, things are rapidly changing. Under the leadership of steepest parts of the commute. Mayor Sergio Fajardo, the city is tackling its many problems at The city also concerned itself with the mountainous barriers that created traffic congestion on the most important arterial routes into the city. In response, the ‘Centralidades’ Masterplan was developed which defined a specific area in the north and south of the metropolitan area as a multifunctional centre consisting of transport terminals for cargo and passengers, new metro stations, a regional rail system and several cultural facilities to boot. Dedicated lanes supporting a bus rapid transit network called MetroPlus, a bike share program and dedicated bicycle lanes now traverse across the entire city. As a transport solution, it is worthy of recognition in its own right, but when delivered in conjunction with the broader urban development plan, the story is one of social mobility and revived community integration that is far greater than the transport Before After story alone. continued on page 27

26 / VPELA Revue March 2015 Christmas 2014 Thanks to our sponsors

VPELA’s 2014 Christmas party was a fabulous celebration of the year, with over 450 members and industry colleagues attending. We were treated to wonderful city skyline views from the stunning Luminare terrace in South Melbourne. As the following pages demonstrate the venue provided a great space to circulate and catch up with friends. Our new Minister, Richard Wynne made a surprise visit and very welcome address to an enthused crowd. Tamara Brezzi, VPELA President, thanked everyone for their support of the Association throughout the year, and Moray & Agnew Lawyers for their continued sponsorship of this event. It was a wonderful conclusion to a very busy year.

VPELA Revue March 2015 / 27 28 / VPELA Revue March 2015 VPELA Revue March 2015 / 29 30 / VPELA Revue March 2015 To the victor go the spoils. Medellin is currently outpacing all at the time, estimated that the avoidable cost of congestion to other major Colombian cities in the development of new high- Melbourne was over $3 billion annually. Perhaps there might be rise buildings, including the capital Bogotá. As of June, 2014, cause for Melbourne to put its creative thinking hat on too. there were 127 high-rises under construction and another 40 in the planning stage. Although crime remains a serious problem, For whatever infrastructure shortfall that may exist in Melbourne, violent crime has reduced by nearly 80%, commercial activity the causation could be better attributed to cost avoidance and has increased by 400% and the number of students performing perhaps political positioning rather than lack of ambition. But below average on the Colombian national assessment dropped a lack of capital shouldn’t be prohibitive. The State Government from 65% to 11% in four years. recently considered the introduction of Value Capture as an infrastructure funding source, a simple technique to recycle a The key success factors for Medellin have been a mix of dynamic portion of the windfall gains land owners benefit from publicly and robust strategic planning that layered the need for transport funded infrastructure. User pays models combined with PPPs solutions, use of public space, provision of public services and have a proven track record of success and , then improved education. When intelligently combined, the plan chairman of the Industry Super Network, suggested in 2013 ultimately produced a vehicle not only for increased employment that Australian superannuation companies have the potential to and economic growth, but also for social inclusion, improved make available between $15 and $100 billion for investment in mobility and re-engagement of those most dispossessed. Australian infrastructure. Complementing all of the above, the Australian 10-year bond rate is currently sitting pretty at only Medellin was recently named the world’s most innovative city 2.48 per cent, the lowest in living memory. If Australia was to by the Urban Land Institute, before that the Wall Street Journal borrow funds for important projects that took the best part of a named it the most innovative City in the World, and in 2013 the decade to complete, it would have no risk of ever having to fork Wall Street Journal City of the Year. Harvard University threw in out scarcely more than the rate of inflation, implying almost zero the Verónica Rudge Urbanism Award and just last year Medellin real borrowing costs. played host to the UN’s 7th World Urban Forum. It seems Medellin can’t help but bask in its newfound global recognition Assuming for a moment that Australia did find an extra $100 and reputation as one of the most vibrant and commercially billion for infrastructure spending, that’s enough to build the active cities in Latin America. long planned Brisbane to Sydney to Melbourne high-speed rail line, or to build Labor’s original national broadband network, Financing the long list of projects was achieved through a or Sydney’s $11 billion WestConnex road project plus combination of government bonds, private equity partnerships Melbourne’s $11 billion metro rail project plus Melbourne’s and dedicated asset revenue streams from State utilities. New $16 billion East West Link plus a similar sized investment in laws were introduced allowing the $75 billion Colombian pension each of the other states. industry to invest in debt funds and to join banks in syndicated loans for specific projects. Despite the heavy infrastructure Successive Governments have dropped the ball on Victorian investment, Colombian national debt levels per GDP have infrastructure investment and the long-term consequences are remained within a comparable trend to Australia’s debt to GDP deeply rooted in a slowing economy, road congestion and social ratio for the past decade. immobility. If Melbourne is to have any chance of maintaining its cherished title of the ‘world’s most liveable city’ we could Lessons for Melbourne do well to start thinking differently about how to prioritise and deliver infrastructure. Medellin has shown us that access to Melbourne does not have an international drug problem on infrastructure, social and civic equality don’t have to be an the scale of Medellin or a homicide epidemic. Nevertheless, academic pipe dream, but we do need leaders with the conviction Melbourne is starting to show its own more modest stretch to deliver it. marks due to an additional 350,000+ people calling Melbourne home each year, largely on the urban fringe and in high-rise Gerrit Prent is a Team Leader in the Growth Area apartments. In 2012, the RACV announced through its ‘Growing Development Assessment Department at the City of Pains’ report that immediate action was required to advance a Whittlesea. Gerrit attended the State Planning Conference backlog of transport related projects worth over $2 billion. The as a guest of VPELA in 2014 before traveling through parts Department of Transport and Regional Services, as it was known of Colombia and Central America.

VPELA Revue March 2015 / 31 The Business Municipal matters

Julie Rivers Davis Victorian Bar

Doctrine of accretion The law was stated in US v Robertson Terminal4 to be: The Doctrine of Accretion is relevant with respect to land “Accretion refers to the increase of land (adjoining a body abutting lakes, rivers and streams, as well as the shoreline of of water) by the gradual deposit, by water, of solid material a sea. Where the boundary of land with a shoreline is defined by whether mud, sand, or sediment, so as to cause that to reference to the “mean high water mark” (HWM), or a specified become dry land which was before covered by water distance from the HWM, the HWM may be subject to change over 5 a period of time by way of “accretion”. According to the Property Law website the doctrine of accretion is the process whereby the boundary of land bounded by tidal In February 2014, newspaper reports drew our attention to this waters is liable to change as a result of natural forces, which then little known doctrine. Lindsay Fox invoked the doctrine may result in a gradual increase or decrease of the land in to add 2400 square metres of Portsea beach to the title to his question. The doctrine operates to adjust the legal boundary of property. The 45metre extension of the title boundary across the land so affected. And it works in reverse. Where soil is taken the beach to the “mean high water mark” was said to improve away from the land of an owner by effects such as rising sea the value of the land by $5.4 million, for an outlay of a $447.80 levels, the legal boundary of the land may be adjusted to reflect application fee.1 that occurrence.

If you have a beach front property you might like to consider The Victorian State Government6 has described the doctrine this doctrine, although the then planning Minister Matthew Guy as “the process where the boundary between land and water and Environment Minister Ryan Smith were said to be furious alters so slowly that the change is not readily noticeable”. The at the decision, and were considering reform to ensure other Guidance Note, states: landowners with similar titles cannot claim public beach space.2 In early days of settlement in Victoria, Crown land was The Age reported that this was not the first time the Fox family usually sold to the edges of lakes, rivers or streams and also had applied to move the property line. “In 1998, an application to the shoreline of a sea unless there was a particular need was rejected based on legal advice provided by the then Solicitor- for a reservation along the frontage. This Doctrine explains, General in a report that has never been made public. The opinion in general terms, the effect that alterations in boundaries reportedly cautioned that the high-water mark issue was between land and water can have on land ownership of both murky enough that a flood of similar claims would ensue if the freehold and Crown land. Gradual accretions of the land government tested the matter in court and lost.” from water becomes the property of the abutting owner and conversely, land encroached upon by water is lost to the What does it mean? abutting owner. The important factor is that the alteration must be ‘gradual and imperceptible’ so that the change Accrete means “grow together or into one”; and accretion, ‘cannot be seen actually going on, though a visible increase 3 “growth by organic enlargement”. or decrease is observable every year’ – common law. The Doctrine may also apply despite the fact that the gradual and imperceptible change was caused by artificial means, such as the construction of a jetty.

Accretion can be “aluvion”, where sand and soil is washed up to make an addition to existing land; or dereliction, where land is left dry by lake or sea shrinkage, or a river changing its bed. “Diluvion” on the other hand, is the opposite of accretion. It is the loss of land by encroachment of water. Land may also be lost by erosion.

An earlier paper issued in 19937 states, after noting that in the early days of settlement, Crown land was sold to the shoreline of the sea:

“Although significant parts of the frontages to Bass Strait, Port Phillip Bay and so on were sold, most frontages, both marine and inland were reserved over the years for public Lindsay Fox’s Portsea home. Photo by Luis Enrique Ascui purposes and other purposes. Of more recent times, the

32 / VPELA Revue March 2015 marine frontages in many parishes have been permanently Principles and problems of Shoreline Law 12 reserved for the protection of the coastline”.8 A comprehensive paper published in December 2012 was “Many of the Orders in Council that reserved Crown land motivated by the Australian Federal Government climate change along the coast described the boundary between land and adaptation initiatives. The term “shoreline” was adopted to water …. that clearly indicated that the boundary was in fact encapsulate those elements of the doctrine of accretion which between land and sea. In most cases the sea boundary is deal with boundaries formed by tidal waters, especially the 9 high-water mark”. sea. It provides an overview of the context “In the event of an accretion of land to a in which shoreline law operates. Factors reserve along the coast … the boundary The potential remains influencing the development of shoreline of the reserve will extend out to sea… for those who can law include global climate change (rising (or) where the sea invades reserved successfully establish that sea levels, increased storminess and Crown land, …the area of the reserve the Doctrine of Accretion greater coastal erosion directly affecting is reduced”.10 the interface between land and water); and applies to land abutting the complex, multi layered legal and policy The Land Act 1958 Port Phillip Bay to do so framework governing land titles and coastal management, administered by Local, State Section 385 states: and Commonwealth Governments.13

Crown property in bed and banks of certain watercourses The author identifies nine key principles of property law relevant to lands bounded by tidal waters. (1) If – (a) Land is bounded in whole or in part by a watercourse11; 1. The legal boundary between tidal waters and adjacent and land (high water mark – HWM) (b) The land was alienated by the Crown before, or is so 2. Where land is bounded by water, the legal boundary of alienated on or after, the commencement of section the land changes to reflect changes in the position of the 327 of the Water Act 1989 waters’ edge, but only if certain conditions are met the bed and banks of the watercourse remain, and must be 3. To be recognised in law, changes in a water boundary taken always to have remained, the property of the Crown must be ‘gradual’ and ‘natural’ despite the alienation of the land and despite the fact 4. New land formed gradually by accretion belongs to the that the same person owned or owns, or holds or obtains adjoining landowner a consolidated certificate of title for, the land adjacent to 5. The doctrine of accretion includes gradual change both banks. brought about by erosion, and by the advance or retreat of waters (diluvion or dereliction) (2) ………. 6. Land below the HWM belongs to the Crown and is held in (3) ………. trust for public purposes No similar legislation is applicable to shorelines or foreshores 7. Land ‘lost’ to the sea, below HWM, by gradual erosion of seas or lakes. or diluvion, ceases to be real property and reverts to the Crown Coastal Protection Act 1979 (NSW) 8. Ambulatory boundaries supplant and rescind surveyed Section 55N of this New South Wales Act is entitled Modification boundaries of doctrine of erosion and accretion. It applies to land within the 9. No compensation is payable for either gradual loss or coastal zone, or which adjoins the tidal waters of Sydney Harbour gain of land. or Botany Bay, a boundary of which is defined by reference to a mean high water mark (the water boundary).

The effect of the section is to prevent an increase in the area of land to the landward side of the water boundary if (a decision is to be made by a Court or the relevant Minister)

(a) a perceived trend by way of accretion is not likely to be indefinitely sustained by natural means, or (c) as a consequence of making such a determination, public access to a beach, headland or waterway will, or is likely to be, restricted or denied.

The Registrar-General is denied power to make a determination concerning a water boundary that would increase the area of land to the landward side of the water boundary. Similar legislation in Victoria would have prevented the Portsea application from succeeding. Botany Bay

VPELA Revue March 2015 / 33 With respect to Principle 2, the author observes that under the can successfully establish that the Doctrine of Accretion applies doctrine, where the boundary of land extends due to the gradual to land abutting Port Phillip Bay (or other shorelines) to do so. build up of sediment, the adjoining owner gains that land. 15 Conversely where the boundary contracts due to erosion, the Terra Publica has posited the complication of boundaries area gradually reduces and the owner loses that area of land. between Crown Land and freehold land, where different interests and policies pertain in each case. Furthermore, issues involving Addressing Principle 4, the author referred to an Irish decision of Crown land, Planning and Legal matters are the bailiwick of three 191114 wherein it was said different Ministers (although I understand that Land will now sit in the Planning portfolio within the Department of Environment, If by gradual and imperceptible accretions in the ordinary Land, Water and Planning). course of the operation of nature land is added on by slow degrees to the shore .. notwithstanding that after a certain Lassi Plan period you may see that a body of land, however considerable, has accrued to the shore, yet if the steps by which that land The below plan shows the adjusted boundaries of the Portsea is formed are steps gradual and in the ordinary course of land and was copied from a LASSI search.16 nature, and happening from time to time, but you cannot perceive the change from step to step (if one may use that Julie Davis, LLB, Master of Business (Corporate Governance) figure), then that land so gradually and imperceptibly accrued Certified Mediator, Certificate IV Training and Assessment does belong to the owner of the shore, and is given to him by (TAE 40110), Barrister experienced in Environment, Land, the law as his property. Water, Planning and Local Government Law, Foley’s List, 9225 7777 or 0412322111. Hindsight 1 The Age, 16 February 2014. Prophetically, in the 1993 paper at [5]1, it is said: 2 Ibid. 3 The Australian Concise Oxford Dictionary. Sometimes CNR (the then Department of Conservation 4 US v Robertson Terminal Warehouse Inc., 575 F.Supp 2d 210 (United States and Natural Resources) becomes aware of an accretion or District Court, 2008) noted at www.duhaimme.org/Legal/Dictionary/A/ is consulted when one occurs, either by the land owner or Acretion.aspx later by the Registrar or the Surveyor General. Unfortunately 5 www.propertylawuk.net this does not happen consistently and, there have been cases 6 DSE, Principles of Re-establishment; Guidance Note 6. where Crown land has been included in title with adjoining 7 DCE guideline No: 02-20-0734-1 – The Doctrine of Accretion; available at freehold without the knowledge of CNR. Even when CNR is www.dtpli.vic.gov.au aware that an application is to be made to include a Crown 8 At 1.1.2. land accretion title, there is little that can be done to prevent 9 At 3.3.1. this happening. If CNR opposes the loss of Crown land, the 10 At 3.1.4. best course may be to negotiate with the land owner, who 11 See s. 384 for definitions. may be prepared to forgo part of the claim. The alternative is 12 Principles and Problems of Shoreline Law, John Corkill, December 2012, to legally challenge the application on the grounds that the ACCARNSI Discussion Paper. doctrine is not relevant for some reason or another. 13 Par 2. 14 Attorney General (Ireland) v McCarthy (1911) 2 IR 260 at 293. I am not aware that any action has been taken to avoid future 15 Vol 14 No 2 February-March 2014, The Public Land Consultancy. claims of a similar nature. The potential remains for those who 16 Land and Survey Spatial Information, www.land.vic.gov.au.

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34 / VPELA Revue March 2015 People Under the microscope: Bert Dennis

Heidi Wilson YourLand Developments

a moment of it. With Mum working constantly, no grandparents to speak of and no father, I had little supervision and made my own way. Because I had to fend for myself, it taught me to be very self reliant from an early age, very determined and capable. Having no money meant that if I wanted something I had to either make it or repair someone else’s cast-off.

When I was 14 I set my sights on becoming a member of the Victorian State Under 17 Schoolboy Baseball side. The only catch was I had to be a schoolboy, which meant that I had to proceed on to a senior school and do a diploma course.

I completed the course in civil engineering but I was still not quite sure that I really wanted to become an engineer. It wasn’t until The Dennis Family Corporation has a long history of development I was working at the Heidelberg Council and saw the income a and building in Victoria and across Australia and is headed up consulting civil engineer could make that I realised that this is by Bert Dennis, my interviewee for this edition of Under the what I wanted to do. Microscope. His four children all work in the family business and thrive in this environment. In 2010, VPELA awarded Bert the My plan was to continue on at night school, pass the exams to Richard J Evans Award for his contribution to development and qualify to become a municipal engineer, gain the necessary four planning achievement. years engineering experience, reach 24 and then progressively become a shire engineer, deputy city engineer, city engineer at Bert is not only a successful business man but a dedicated family 40 years of age, make a lot of contacts, become a consulting civil man who has always put his family first and he considers this to engineer and then make a fortune! be one of the reasons why the family all work together today and are still so close. Just after I sat for the exam when I was 22, I applied for an assistant engineer’s position at the City of Chelsea although I Our interview took place in their head office in Malvern. Upon was not qualified for the role. I brazenly stuck out the interview, entering I immediately felt that this was a place where people cheekily telling the Mayor and others that they could appoint enjoyed working – all the staff welcomed me like a member of me Acting Deputy City Engineer until such time as I pass the their family and it really was a delight to visit. exams! I got the job and I was then in the position I wanted to be by around 35 years of age. HW: Tell us about your earlier years that lead to where you are today? Eighteen months later I applied for a job with prospects of partnership with a retired city engineer who was 65 and who BD: My father, George Dennis, fought in the First World War. He wanted to start a consulting practice. He had the contacts I was had horrific experiences and suffered enormously whilst at war. seeking and he needed someone to do the work. I got the job, These traumatic experiences led his suicide in 1938, when I was my partner retired again at 70 and at the age of 29 I owned the three years old and my younger sister 18 months old. My mother consulting practice. was left a widow and back then with no government assistance she had to raise my three sisters, my brother and I. This was a During that time I married my wife, Dawn, had four children, very tough time in our lives. and started renovating old houses. From houses we invested in bigger and better investments, and at the same time the Mum was an extremely strong willed and resilient person. consultancy flourished. We began residential developing in the Around the time when Darwin was bombed, she took us up to late 60s, started farming in the early 70s, became a residential the Mallee grape picking. We moved around a lot and I attended builder in the early 80s and started operating overseas in the 90s. schools at Vinifera, Woorinen, Nyah and Nyah West. Life was exceedingly tough in those years. We had very little to eat and HW: What are some of the biggest changes are that you have the old house we lived in had no electricity and bare floorboards. seen occur to Melbourne since you began in the industry?

Eventually we were awarded a commission house in West BD: The biggest change from when I first started is the Ivanhoe, Mum was recognised as a War Widow and started to change from being able to develop land with minimal external receive a War Widow’s Pension. Life started to improve. People construction. Back then you could put in a gravel road, a private often remark that things would have been tough in those years trunk water main, overhead electricity and no sewerage. So you and they certainly were for Mum but for myself I wouldn’t change had this proliferation of unmade roads around the outskirts of

VPELA Revue March 2015 / 35 Melbourne and a lot of partial construction. All that changed in HW: What are some of the most rewarding 1971 when it became mandatory to provide the full construction aspects of your career? of roads and then that followed with water mains and sewerage and then the provision of electricity. So then it became a lot more BD: Having my family being involved one way or the other, either expensive to buy a block of land and the cost of holding a block as owners, managers or CEO of the Family Office, is one of my of land became greater. greatest achievements. Because of my background, the only ones I could rely on were my family. I had no long term school friends The second major change that has occurred was the growth because I moved around so much back then so unconsciously I pattern of Melbourne. Melbourne was initially growing around keep that concentration going on the family when I got married. the Bay in a big even circumference right the way around. It was I had a number of early priorities. I put the health of myself and growing outwards at a rate of about 100 metres per year. This my family first and then sport and then the business. We also was a small increment overall. invested wisely and never lived beyond our means and I think this was a big part of why all the family became involved. We set up In 1971 that changed into “growth corridors”. It was now growing the foundations and had clear priorities that meant there were in concentrated corridors and the growth, although it was the never fights over money or not spending time with my family as same, appeared enormous. they grew up.

Then in about 1984, Hawke and Keating started to promote When our sons and daughters were working in the business I a user pays path and initially I didn’t fully understand the said to them ‘tell me what you want to do? They unanimously ramifications that this would have on our industry. Back in those said they wanted to stay together. From that time on I’ve been days, the Federal Government was providing about $10billion a intent on building their businesses rather than them building year for the provision of loans for infrastructure and grants to mine. We refer to ourselves as a family in business rather than a the states and municipalities. With the introduction of the user family business. pays, they wound down the loans and grants systems. When the HW: Who were some of your key mentors over the years? states and the councils started to run out of money, they started to push for the development contributions schemes to make up BD: I have three mentors from very early on. One was Alan the shortfall. Niemann from the City of Chelsea who had very high principles. Another was my first business partner, Oscar Flight who had so Later the urban growth area boundary was brought in. This much integrity and the third was Baden Powell who was a sheep has artificially limited the supply of land and has resulted shearer and one of the most common sense people that you in an explosion in land prices. When the Councils and the could come across. authorities saw that the land prices were going up so quickly, they thought that they should get in for their share and, in turn, HW: What do you see as some of Victoria’s greatest the development contributions went from being a contribution to challenges over the next 10-20 years? a total payment for infrastructure and then this further led to not BD: Housing affordability. We have high unemployment and high just total payment but a “gold plated” total payment. The original property prices and I can’t see either of these coming down principle of development contributions has been lost. much over the next few years and this coupled with the cost One of the most disruptive decisions that was made was the of living increasing through rates and services will further implementation of Melbourne 2030 and putting an Urban Growth affect affordability. Boundary around Melbourne. I appeared before the Melbourne The biggest problem that we have is that there is no one actually 2030 panel at the time and I said ‘if growth is not going to happen representing the homebuyer, or the future resident. Until people on the outskirts then it’s going to happen in the established buy, they are typically not ratepayers so they aren’t a pressure suburbs. To cater for this growth in the established suburbs, the group. It is only after they buy that they become a pressure group planning system would need to be freed up to allow that growth for the Council. The inner suburban Councils are supporting to happen’. And we know what happened. The planning system the people who already live in these areas and protecting them did not free up, which meant that the supply couldn’t be provided against so called inappropriate development but they aren’t and the resulting imbalance between supply and demand meant representing the future residents. that prices rose. We need an advocate for the homebuyer and the only bodies While planners might see this as a good planning outcome, the trying to do that are the development industry bodies, but these outcome for the consumer has not been good, with Melbourne are the wrong people as Governments just assume that they now being one of the least affordable cities in the world. are trying to reduce their own costs or make profit! In preaching housing affordability for 55 years in business, I am still trying to HW: You have been advocating for some time with regard to get the message through! housing affordability. Do you believe it has improved? HW: If you were the Premier for a week what would you do? BD. If you are looking at it from the point of view of the purchaser then it’s not good. If development contributions are BD: I’d introduce a Minister to chair an “affordability review increased by $10,000/lot then it increases the purchasers’ price committee”. Every time push from someone wanted to change by about $15,000/lot. A $15,000 increase in a mortgage and if from say 6 star energy rating to a 7 star energy rating, or increase your mortgage is over 30 years that results in about a $50,000 development contributions, or increase open space, then they increase in total payments depending on the rate of the loan. need to prepare a cost-benefit analysis for the committee to

36 / VPELA Revue March 2015 explain why they are doing it and the cost to the community. The Hearing someone speak so passionately about housing Minister would weigh that up against the wider objectives of affordability and having a real care factor for this huge issue that government. To illustrate one glaring example, a road in the City will affect most people of my generation and the generations of Wyndham called Leakes Road is planned to be 88 metres in after me was really insightful. Also understanding Bert’s early width, which is 4 ½ times the width of Burke Road or 50 per cent years and what lead to where he is today was truly interesting wider than St. Kilda Road! Whilst it hasn’t been a government and made me realize how lucky we are today. Bert is a man that objective to make Melbourne one of the most expensive cities has worked hard and built his way up from very little but has in the world, these outcomes have been the result of multiple never lost sight of what is truly important; family, health and decisions by well-meaning bureaucrats taken in isolation with happiness and when you have the balance right, business will be no comprehension of the outcome. It’s about making conscious strong as well. decisions rather than just letting things happen and finishing up with a poor outcome.

The Fast Lane with Henry Turnbull

What does “shovel ready” really mean? Henry Turnbull Traffix Group

Recently we have heard the expression “shovel ready” used in would form the basis of the actual plans but improvements and connection to major infrastructure projects including the West savings could be included in the tendered proposal. Normally, Gate Distributor. But what does it mean? the right of way determined in the concept plans would be a control but where acquisitions had not occurred, modifications At the most basic level, one could assume that if you had a could occur. In some cases, the right of way will be acquired prior shovel to hand you could actually go on site and start making a to or at the same time as tendering. meaningful contribution in accordance with approved plans and specifications. Not so it seems! So when is the project “shovel ready”?

To understand where a major road project for example is actually In my opinion, it can only be after the concept plans have been located along the approvals process, one needs to understand approved, the costings worked through and accepted, the right of some of the steps. way either obtained or at the least with “Notices of Acquisition” ready to go and tender documents fully prepared. Politically sanctioned projects are those that have the support of the Government. In the case of very large projects, e.g. East- A “shovel ready” project does not necessarily need to be politically West Link, the political sanctioning can occur in the very early sanctioned or fully funded – these requirements are part of the planning stages while other projects may not get sanctioned “start” procedure. until after detailed plans and costings have been prepared. A “shovel ready” project is not one that would see work start Funded projects will be those which have had a concept plan tomorrow. The tendering process may take many months prepared, to a level that enables the purchase of the right of way depending on the complexity of the project and the details in the and construction elements to be costed, such that the expected concept design. In addition, possession of the right of way can costs are provided for in a budget allocation. also take a long time.

Project concept design occurs when a project is being formulated While it is generally reasonably straightforward to take to meet the various design objectives set by the client. In the case possession of rural land, occupied homes are more difficult and of major road projects for example, the concept design may be can lead to lengthy delays, political pressure and indecision. undertaken in-house by the relevant government agency or by Accordingly, possession of the right of way may be held up for an external consultant. The design would identify the number of quite some time, even on a “shovel ready” project. traffic lanes, intersection configuration and controls, gradelines, bridge details as well as right of way requirements. The project So a “shovel ready” project is one that is ready to start costing would then be based on these concept plans. straightaway, but for which it might not be possible to do so!

Once initiated, tenders for the work would be called generally Henry Turnbull is Principal Consultant at Traffix Group on a “design and construct” basis such that the concept plans and a former President of VPELA

VPELA Revue March 2015 / 37 The Business “Shining Through” or “Shady”? VCAT decision on the potential overshadowing Philip Martin, of existing solar panels VCAT Member 1

“Don’t let the sun go down on me” It is tipped to be the new town planning battleground: with Australia having reached 1 million rooftop solar panel systems in March, “rights” to sunlight and to protect solar panels from overshadowing, even at the expense of more energy efficient development next door, are shaping up as a major source of disputes”. [The Sunday Age, 5 May 2013]

With the growing interest in the installation of solar panels for domestic purposes, there is now a body of Tribunal decisions on the extent to which new multi-storey development can acceptably compromise the general solar efficiency of such domestic areas – see for example Harris v Port Phillip CC2 (Member Carew), Kirkman v Hobsons Bay CC3 (Member Naylor) and BEG Development Pty Ltd v Yarra CC (Members Deidun and Gray)4. There is also a series of cases about the acceptability of installing solar panels on a publicly visible section of a domestic roof in a Heritage Overlay area – see for example Maddever v Boroondara CC5 (Member Carew), Challis v Hobsons Bay CC Competing considerations: and Groves v Port Phillip CC6 (both SM Hewet). what planning guidance is provided?

This article examines emerging cases which tackle the question Dealing with the ‘potential overshadowing of existing as to what extent proposed taller development can acceptably neighbouring solar panels can involve competing considerations. overshadow (and reduce the energy output of) existing lower Where any one residential owner has outlaid thousands of solar panels on a neighbouring site. These cases can involve dollars on a rooftop solar panel system, it is reasonable for tensions between different planning objectives and strong that owner to expect the planning system to give some priority personal views held by the protagonists – as precedents. Are to protecting on-going solar access to these panels? Or where they ‘shining through’ or ‘shady’? a proposed high-rise building would by itself offer a high level of ‘built form sustainability’ and/or where the planning controls The thrust of this article is that the key VCAT cases constitute overtly nominate any one location as suitable for more intensive a helpful series of case law, assisted by the (recently) put development, this should have priority? A third way is that a forward suggested factors to consider. They can assist planning “common sense” or ‘reasonable balance’ should be followed. decision-makers deal with the potential overshadowing of existing solar panels. The Victorian Planning Schemes provide virtually no overt guidance for planning decision makers in dealing with the Extent of take-up of solar panels potential overshadowing of existing solar panels. The State Planning Policy Framework does include Clause 19.01 dealing As at August 2014 it was reported that Australia has at least 1.2 with ‘Renewable Energy’. However the closest its provisions million homes with rooftop solar panels7. An April 2013 article8 get to dealing with ‘overshadowing of solar panels’ are the indicated that Queensland has seen the greatest take-up, then following more generic strategies – “Facilitate renewable energy NSW, then Victoria. However recent ABS statistics indicate that development in appropriate locations” and “Protect energy on a per-capita basis Victoria is actually fourth with its take up infrastructure against competing and incompatible uses”. (11% of all households) and SA ranks first at 24%. The Port Phillip Planning Scheme at Clause 21.05-2 (Urban The future take-up level is being impacted by intersecting Structure and Character) has as one of its strategies (with factors: a disincentive through the reduction in the “feed-in” my highlighting added) “Ensure new development does not tariff rate payable by power generators to solar panel owners unreasonably affect the environmental performance of adjoining on the one hand but with a decreasing capital cost of solar properties (eg overshadowing of solar panels)”. I understand panels and the increasing price of electricity and gas acting as that Moreland City Council is currently reviewing whether its incentives on the other. local policies should address this issue.

38 / VPELA Revue March 2015 Initial VCAT decisions

There are relatively few VCAT decisions specifically dealing with potential overshadowing of existing neighbouring solar panels. Those arising show the Tribunal taking a case-by-case approach.

An early decision is Surrowee Pty Ltd & ACF Inc v Melbourne CC9 (Senior Members Hewet & Baird) from 2001. It involved a proposed eight storey serviced apartment building, where a key point of objection was that the new building would partially overshadow the roof-top solar panels on the now well known ‘60L Green Building’ that was already under construction at that time. The Tribunal accepted some degree of overshadowing would occur. However (notwithstanding the 60L building being put forward as a ‘demonstration project’ for energy-efficiency) the Tribunal rejected the proposition that the proposed building should avoid any overshadowing of the 60L solar panels. Rather, any overshadowing was required to be within reasonable parameters (which the Tribunal accepted was the case). The Tribunal at [86] also relied on the Melbourne Planning Scheme flagging South Carlton as an encouraged location for more intensive development.

Bowden v Greater Geelong CC10 (Member Cimino) followed in for planning decision-makers to consider. John Gurry involved a 2007 and provides a more advanced Tribunal discussion.Bowden proposed 14 unit development, which (as in Chen) the Tribunal involved a proposed two storey dwelling in Geelong, with a side rejected primarily on ‘neighbourhood character’ grounds. A side neighbour objecting that the new building would overshadow neighbour had objected that the closest two storey section of the the existing solar panels on the roof of his carport (used for new built form would overshadow the existing solar panels on heating his swimming pool). Member Cimino found that the the rear of her dwelling. These panels had been installed after new building would cause no morning overshadowing of these the planning application for the 14 unit development had been panels but 25% overshadowing as at 3 pm (which he considered lodged with Council, but before the VCAT hearing. reasonable). Significantly, Member Cimino expressed the view The objection was given little weight. The Tribunal found there that if the existing solar panels had been positioned in a less was real doubt whether any significant overshadowing of these efficient location which was more vulnerable to the impacts of existing solar panels would occur, particularly as the panels future nearby development, the neighbour’s objection should be were significantly elevated. The Tribunal reiterated the message given less weight per se. That is, “…it is also important that the from the Chen decision that a consistent and clear statutory infrastructure be installed in a way that does not unreasonably framework is needed for this type of assessment. In the absence prejudice the use and development of nearby land in a way that of such a framework, the Tribunal suggested three primary 11 is supported by policy and the purpose of the zone” . factors for planning decision makers to consider14, being: The 2012 decision Chen v Melbourne CC12 (Member Taranto) • The ultimate test is ‘reasonableness’, rather than avoiding involved the proposed construction of a ‘front and back’ any overshadowing altogether. double storey dual occupancy. The Tribunal mainly relied on What constitutes the ‘legitimate expectations’ of the ‘neighbourhood character’ issues in refusing the proposal. A side • developer or neighbour must take into account the neighbour had objected that the proposal would overshadow 14 strategic controls and policies affecting the subject land. existing solar panels on his roof. The neighbour tabled a report For example, if the strategic planning settings overtly prepared by a ‘solar consultant’ which indicated an estimated 50- anticipate more intense and higher development in the 70% loss of energy generated from these solar panels. As the relevant location, one would expect less weight per se to only professional evidence on this issue presented at the hearing, be given to protecting sunlight to existing solar panels in Member Taranto gave this report significant weight and indicated that area and vice-versa. in passing that she considered a 50-70% loss of energy of the neighbouring solar panels to be an unreasonable outcome. The • Whether the relevant solar panels have been placed in Tribunal also highlighted at [43] the need for ‘…consistent and an unreasonably vulnerable position on the host building. clear guidance on a state-wide basis to create greater certainty For example, there may be a lesser case for protection if about what might be regarded as acceptable impacts”. the panels have been installed in a lower position and/or closer to the common boundary.

2013 John Gurry decision: Four other factors the Tribunal considered less central but still suggested “facts to consider” helpful to utilise as applicable are:

The 2013 decision John Gurry & Associates Pty Ltd v Moonee • Whether the position of the existing solar panels on Valley CC13 (written by myself) took a more wide-ranging the host building is due to constraints arising from the approach, in suggesting both ‘primary’ and ‘secondary’ factors heritage planning controls or a heritage covenant?

VPELA Revue March 2015 / 39 • What model of existing solar panels are involved eg – see accompanying photo on previous page) or where building whether the individual panels are designed to work in exteriors have been expressly designed to allow for the later parallel with each other or as a group? retro-fitting of solar panels (eg the new RMIT Design Hub – see • How much supporting evidence any one party has accompanying photo). There may be more ability over time for provided (eg photos, vertical shadow diagrams and/or a a group of solar panels to operate according to each panel’s professional report by a solar consultant) to advance their particular light conditions and/or utilising indirect daylight. case about the likely extent of overshadowing? I suspect the on-going debate at VCAT will be a colourful mixture of emerging new technologies spliced with challenging • How long ago were the existing neighbouring solar judgement calls in any one decision. Whilst this type of case- panels installed on the host building? by-case approach is no substitute for clear and consistent I am only aware of two subsequent Tribunal decisions where the planning policy guidance, in my view the line of VCAT cases John Gurry principles have been expressly applied. In Premier discussed above help to ‘light the way’ for dealing with potential Investments Pty Ltd v Yarra CC15, Member Deidun dealt with overshadowing of existing solar panels. an objection by neighbours that both existing and potential future solar panels would be compromised by the proposed six (Endnotes) storey building. The Tribunal fully rejected this future possibility 1 Philip is a lawyer/planner who has been a VCAT Member for over 10 16 as unduly speculative and uncertain . The Tribunal accepted years. Previously Philip was the Planning and Environment Partner at the there was a ‘debate to be had’ with respect to the potential Melbourne office of Gadens national lawyers. The views expressed in this overshadowing of the existing neighbouring solar panels, but article are personal to the author. The contents of this article are based on found that no unreasonable impacts would result. the law and public policy as at December 2014. 2 [2006] VCAT 2326. A similar debate arose in the abovementioned BEG Development 3 [2012] VCAT 1463. decision, which involved a proposed eight storey building. 4 [2014] VCAT 942. The Tribunal found the extent of the likely loss of solar energy 5 [2006] VCAT 718. generated by panels on two neighbouring buildings (a 12% and 6 [2011] VCAT 1493 and [2012] VCAT 1976. 2% reduction respectively) to be so minor as to be acceptable. 7 See “Sun may be about to set on subsidised solar”, The Age, 3/8/14. The Tribunal was also conscious that the existing solar panels on 8 See the article “Solar milestone: 1,000,000 PV systems installed in Australia” one of these buildings were in a somewhat vulnerable position by Sophie Vorrath from the website “reneweconomy.com.au”. and in fact were already partially overshadowed by the roof plant 9 [2002] VCAT 1. on that building. 10 [2007] VCAT 1334. 11 See paragraph 26. Looking forward 12 (Red Dot) [2012] VCAT 1909. 13 (Red Dot) [2013] VCAT 1258. For the Victorian planning system, it is a case of ‘watch this 14 Discussed in more detail at [25-31]. space. Will State or local policies provide greater policy guidance 15 [2013] VCAT 2191. in this policy area? The positioning of solar panels on the host 16 This position was reinforced in Monaco v Campaspe SC [2013] VCAT 1232 and building’s roof may substantially evolve as the technology Leith v Darebin CC [2013] VCAT 1040 (both by SM Baird) and alsoNoordenne changes. Solar panels are being incorporated into the ‘skin’ of Building Pty Ltd v Hobsons Bay CC [2013] VCAT 1019 (Member Code). commercial buildings17, mimicking traditional materials. We also 17 In the article “Smaller, greener, brighter” of 22/2/13 in The Age, the architect William Orr is quoted as saying that “Technologically, glass with cells see solar panels being used in the manner of an architectural sandwiched between panes is already being used in commercial buildings. feature (eg part of the exterior wall of the MCG Olympic Stand And they can be embedded in the façade of the building in the future”.

You underestimate the power of the Dark Side… these panels still run in the shade!

40 / VPELA Revue March 2015 Places Traditional street-based activity centres… too important to fail Stephen Sully

Sunshine…one of Melbourne’s great centres. For Sunshine it is not simply a case of “plan it and they will come”. Centres like Sunshine, compared with competing greenfield Brimbank City Council, in partnership with local businesses, locations or centres in recognised and secure investment property owners and the State Government (and anyone else locations, can present much more complex and challenging with passion and vision), is on a mission to make Sunshine one development environments; development sites are often in of Melbourne’s great centres. multiple ownerships, some owners are reluctant to develop, Sunshine shares this potential with the many other significant finance can be difficult to secure, business operators have to traditional, street based centres that form a critical part of be convinced of the strength of the market, long held negative Melbourne’s DNA. These centres are fundamental to the future perceptions, stereotypes and images have to be overcome. economic, social and environmental success and liveability Counter intuitively, planning controls and policies, however well- of Melbourne. meaning, have the potential to increase this level of complexity rather than simplifying the approvals process. This can actually Traditional centres are simply disadvantage development within a centre, in favour of out of too valuable to fail or pass over. centre development, where the planning process may be more Centres like Sunshine represent decades and billions of straightforward and the overall environment less complex. dollars’ worth of public and private infrastructure, investment and development and provide thousands of local jobs. They The ever-evolving nature of centres. draw together all aspects of urban life in one location and offer enormous opportunities for immediate development, investment In Melbourne traditional street-based centres have existed in and activity that can capitalise on established infrastructure. some form or other since it was a village and they will exist into They are simply far too valuable to fail, ignore or pass over. the future, albeit in a fashion that will be different from today and hard to predict. Centres will never be finished or completed, Not as simple as “plan and they will come” rather they will continue to evolve in line with changes in technology, transport, lifestyle, work, commercial trends and Sunshine sits 11km west of central Melbourne, a distance equal the environment. It is tempting to “over plan” centres at the to Canterbury in the east, Brighton to the south and Ivanhoe to expense of looking at the bigger picture and the broad range of the north. It has excellent transport networks and a residential ingredients required to stimulate strategic development beyond population of 700,000 within 20 minutes’ drive, set to grow to a supporting planning regime. Whilst defining a vision and some 1.2 million by 2030. Unlike other centres 11km from central general directions for a centre in planning provisions is vital, to Melbourne, Sunshine has hectares of vacant or underutilised land and a suite of positive facilitatory planning, design and prescribe much more detail can be problematic, costly and time development policies. Despite these attributes Sunshine is still consuming. By the time strategies and provisions are complete not on the investment or development radar or recognised as a the moment may well be lost, politics and relevance may have proven and secure investment location. moved on, priorities changed and the investment appetite waned.

VPELA Revue March 2015 / 41 Need for management, leadership and partnerships Traditional centres require an integrated “whole of Council approach”, integrating all the delivery agencies and a program fully supported Council and senior executives, to ensure that the centre’s opportunities and requirements are front and centre when budgets and plans are being developed and meeting take place with influential private and public sector leaders.

Whilst there is clearly a role for the public sector in setting policy directions, planning, providing infrastructure and facilitating development, the significant investment and development will come from the private sector. Strong, equitable partnerships are therefore critical with existing property owners, business operators and the local community as well as State Government agencies. The basic business principle that it is much more efficient to grow an existing customer or client base rather than seek to attract new ones is very relevant to centres. It is critical to seek to understand and support existing businesses and give the centre. This Special Rate Scheme is now in place and funds them opportunities to grow and evolve along with the centre. a marketing program and a part time centre coordinator. This initiative has reduced overall reliance on Council and empowered Success in a centre is like most things in life; it’s who you know, the businesses to influence the future direction of the centre. rather than what you know. Ownership of the project by Council’s leaders and partnerships with property owners and businesses can harness networks far beyond the capacity of any one party. Conclusions What approach has been taken in Sunshine? Traditional street based centres, like Sunshine, are complex, unique and challenging, but they are far too important to Brimbank’s approach for Sunshine is based primarily around overlook. To thrive they need and deserve: strong leadership, equitable partnerships and coal face “centre management”. These activities have been pursued in conjunction • An equitable partnership representing all the key private and with, and have assisted in coordinating and prioritising, a public sector players; suite of urban planning, urban design, car parking and traffic • Strong leadership and enduring passion from all parties; management initiatives. • A simple, positive, captivating vision; A business plan that reflects the desires and timeframes of An integrated program, “Sunshine Rising” has been established • each party; and is embedded in the Council’s corporate and financial strategies. It facilitates an enduring partnership between the • A funding stream that involves all parties; Council, business community, property owners and State • An action plan which results in a constant stream of activity, Government. A Sunshine Partnership Group has been formed events and change; to direct the program. This group is comprised of Council, • A safe and secure environment; property owners, the Sunshine Business Association, Victoria • An active and representative business association; Police, and the State Government. The group also has two professional advisor positions, one for design and the other for • A manager to coordinate and deliver the initiatives and respond property, who are paid a stipend to provide Council with strategic to daily issues; and last but by no means least, intelligence and advice. These positions ensure that the group is • An uncomplicated planning and development regime. kept abreast of the issues and trends that may affect the centre. The independence of the group is underpinned by having one of At first glance this list may appear demanding in terms of these advisory positions chair the partnership group. time and resources but this must be weighed against the lost opportunity costs of doing nothing or failing to gain the economic A Sunshine Town Centre Manager forms part of the Council uplift and leverage that centres offer. It is largely a matter of organisational structure as a full time position dedicated to reorganising and reallocating resources, rather than seeking delivering the Sunshine Rising program and to coordinate the to set up new systems. A well run partnership model has the broad variety of economic, social, environmental, physical capacity to attract funding to well and truly cover its costs. and legislative activities that Council provide in the centre on a daily basis. Stephen Sully is the Executive Officer, Strategic Positioning for the City of Brimbank. He joined Brimbank 5 years ago as Through the program Council has nurtured the Sunshine General Manager City Development and had responsibility Business Association to provide the businesses with a collective for establishing the “Sunshine Rising Program”. Prior to voice through which to network, collaborate and partner with joining Brimbank Stephen has had a long association with Council. The Business Association has worked with Council to traditional centres, stretching back to the District Centre introduce a Special Rate Scheme to assist with the marketing of days of the 1980’s.

42 / VPELA Revue March 2015 The Business Legal World Case notes Joseph Monaghan Special Counsel, Holding Redlich

Argos Pty Ltd v Corbell, Minister for the Environment interprets key transitional provisions for the Neighbourhood and Sustainable Development [2014] HCA 50 (Argos) Residential Zone (NRZ) in the Glen Eira Planning Scheme.

In this recent decision, the High Court considers the question of The permit applicant applied to construct a third single storey standing and whether adverse impact upon a person’s economic dwelling to the rear of two existing attached dwellings as interests from a development gives that person standing to well as the removal of a registered restrictive covenant. The challenge a decision. decision is of interest because of the Tribunal’s consideration of the transitional provisions in the NRZ. At the hearing the It is not uncommon for businesses and owners in an existing Tribunal considered whether a third dwelling was prohibited shopping centre to have commercial concerns about the impact by the recently introduced NRZ, which restricted the number of a new proposed centre. A question that can arise in such a of dwellings on a lot to no more than two. A question arose as context is the standing of a person to seek review if their grievance to whether the transitional provision under the NRZ at clause is solely commercially based. That was the case in Argos. The 32.09-3 applied. The transitional provision provides that the limit appellants included two sub-lessees that respectively operated on the number dwellings does not apply if the permit application small supermarkets and held commercial concerns about a is made before the approval date of the planning scheme new commercial development at a nearby site that included amendment that introduced the NRZ into the planning scheme. a supermarket and specialty shops. The appellants sought judicial review under the Administrative Decisions (Judicial The NRZ was introduced into the Victoria Planning Provisions Review) Act 1989 (ACT) (ADJR) of the Minister’s decision to (VPPs) on 1 July 2013 and was incorporated in the Glen Eira approve the proposal. Planning Scheme on 23 August 2013. The permit applicant applied for a planning permit on 22 August 2013. To seek review under the ADJR, the person seeking review needs to be a “person aggrieved”. The Supreme Court of the Australian The Tribunal decided that the operation of the transitional Capital Territory (ACT) and the Court of Appeal of the ACT had provision depended upon the date that the NRZ was introduced both held that none of the appellants were a “person aggrieved”. into the planning scheme, as opposed to the date that the NRZ Loss of profitability did not give rise to a sufficient interest to was introduced into the VPPs. Therefore the proposal was provide standing. not prohibited. The decision is of wider interest because the transitional provision forms part of the standard provisions of the The High Court overturned those prior decisions, holding that NRZ and so will appear in each planning scheme that has the the sub-lessee appellants had demonstrated that the new NRZ. The other new residential zones also contain transitional development would have a significant adverse impact upon their provisions in respect of which the reasoning in Belleli would also businesses. The concept of standing was a broad one and there likely apply. was no reason to read into it any rules that provide that a person whose economic interests are affected will never have standing. Bologna v Monash CC (Including Summary) French CJ and Keane J observed that Courts should be wary of (Red Dot) [2014] VCAT 1400 unduly restricting standing provisions and that the availability of judicial review serves to promote the rule of law. This decision is of interest because of the Tribunal’s comments on the weight to be given to Plan Melbourne. With respect to objections based upon commercial interests in a merits review such as before the Victorian Civil and The permit applicant applied for 13 double storey dwellings Administrative Tribunal (the Tribunal), Argos may have limited at a site in relatively close proximity to ’s application because it concerned a judicial review. Argos will Clayton campus. The permit applicant submitted that the however be highly relevant to questions of standing in judicial proposal enjoyed policy support because the land was within a reviews, including judicial review of decisions in Federal precinct designated in Plan Melbourne as the Monash National Courts of Commonwealth decision maker decisions under Employment Cluster (NEC). The permit applicant submitted Commonwealth legislation because the standing provisions in that the intent for residential areas in this cluster under the ADJR are based upon those in the Administrative Decisions Plan Melbourne was for targeted medium and high density (Judicial Review) Act 1975 (Cth), and probably also to judicial development that optimised the cluster’s benefits. review in the Victorian Supreme Court. The Tribunal, constituted by Member Nelthorpe, decided Belleli v Glen Eira CC (Including Summary) that whilst Plan Melbourne nominated the Monash NEC as (Red Dot) [2014] VCAT 1486 (Belleli) a precinct of state planning significance and that NECs were targeted for medium and high density development, these In this decision, the Tribunal, constituted by Member Shpigel, objectives needed to be implemented in the planning scheme.

VPELA Revue March 2015 / 43 There was a process to do so outlined in Plan Melbourne, which sign on the Shepparton Hotel to display various offensive entailed the Metropolitan Planning Authority assessing each messages along with numerous other acts of misconduct. cluster’s planning and physical context, making appropriate In the VPELA Newsletter from October 2013 the writer set recommendations, and following that rezoning of land may out the Tribunal’s decision in Secretary to the Department of occur. In this instance, the Tribunal decided that limited weight Planning and Community Development v Muto (No. 4) (Review should be given to Plan Melbourne’s policy and objective for the and Regulation) [2013] VCAT 1180. In that matter, the Tribunal, Monash NEC because the implementation of Plan Melbourne’s constituted by Senior Member Byard and Member McNamara, policy objectives were only at an embryonic stage. ordered that the Councillor’s conduct constituted serious misconduct and gross misconduct and ultimately suspended the Muto v Secretary to the Department of Transport, Planning Councillor for the maximum 4 year term for gross misconduct. and Local Infrastructure & Ors [2014] VSC 619 (Muto) Muto was the Councillor’s Supreme Court appeal against the 2013 Tribunal decision. The Councillor alleged a series of errors This is the next chapter in the ongoing misconduct litigation by the Tribunal in making its order including denial of natural involving a Shepparton Council Councillor. justice, that the Tribunal did not act fairly, that various provisions Readers may recall previous newsletter items in relation to of the Victorian Civil and Administrative Tribunal Act 1998 had not serious and gross misconduct proceedings brought against a been properly applied, that the penalty was manifestly excessive, Councillor at Shepparton Council. The Councillor had allegedly that the order of the Tribunal was based on falsehoods and a engaged in conduct that included using his electronic billboard series of other grounds. Williams J dismissed every single one of the grounds, and denied leave to appeal.

ITK In the know Intrapac Projects has moved. Their new address is: Suite 1, Level 6 580 St Kilda Road Melbourne 3004 Phil Burn has accepted a position with Jacobs Group as a Senior Consultant. Phil was Development and Planning Manager at Phone and fax numbers remain the same. WestWind Energy and has worked in various State government policy and planning roles as well as consulting and local Dominique Miot and Lester Trickey, both formerly with government. His contact details are: Bosco Jonson have opened their own consultancy Crossroads Phone: 8668 3142 Email: [email protected] Town Planning. Lester can be contacted on 0407 042 967 or at lester@ crossroadsplanninag.com.au and Dominique can be contacted Annie Edgley has left the City of Melbourne and accepted a new on 0407 326 240 or at [email protected] position at City of Moreland. Her contact details are: Crossroads Town Plannning PO Box 21 Kyneton 3444 Moreland City Council 90 Bell Street Coburg 3058 Phone: 9240 1201 Email: [email protected] Carlo Morello, formerly with Cardno has joined Traffix Group as Senior Traffic Engineer. He can be contacted at Traffix Group, 8/431 Burke Rd, Glen Iris 3146 Jay Hollerich has left Collie Pty Ltd and has set up his own Phone: 9822 2888 Email: [email protected] business. He can be contacted at: Web: www.traffixgroup.com.au Hollerich Town Planning Pty Ltd Level 5, 111 Collins Street Melbourne 3000 Phone: 0411 552 534 Email: [email protected] David O’Brien has returned to the Bar after four years representing Western Victoria in the Legislative Council. His main areas of practice include land valuation and compensation, Redmond McNamara has commenced as Assistant equity, property, planning and environment law as well as Development Manager with National Pacific Properties. He can general commercial litigation. He has appeared in the High be contacted at: Court, Supreme Court, County and Magistrates’ Courts, VCAT BURBANK HOUSE, Level 1, 100 Franklin Street Melbourne 3000 and other planning panels and inquiries. Phone: 9328 0300 | Direct: 9328 0438 | Mobile: 0437 922 467 He can be contacted c/- Foley’s List, 205 William Street Email: [email protected] Melbourne. Phone: 9225 7777 Web: www.nationalpacific.com.au Mobile: 0412 360 174, Email: [email protected]

44 / VPELA Revue March 2015 People Jeff Akehurst retires

Peter Allen DELWP

On 19 December 2014, Jeff and ultimately died, leaving Jeff to manage both a career and Akehurst retired as Director, City three small children. That he did that so successfully and with Development at the City of Glen Eira. his usual good humour, style and effectiveness made a deep For over forty years, Jeff brought to impression on us all and simply reinforced the respect that he his various roles in state and local generates in his friends and colleagues, both as a professional government public service, not just and as a person. the capabilities of a good manager, but the skills and insight of a leader. In the late eighties, the executive group at the Department He inspired those he worked with included Carolyn Mather, Tony James, David Rae, Leigh Phillips to achieve quality and to extend and Paul Jerome. Jeff was like an extra member. I fully expected themselves and to value and him to move into an executive role permanently. adhere to the principles of good planning and professionalism. Through his long career, Jeff instilled in generations of planners But he didn’t. He surprised us by making the switch to local a regard for quality, achievement and a wider view that will be an government to the then City of Caulfield (now Glen Eira City enduring reward to the profession as a whole. Council) to lead 8 staff. When he retired over 24 years later, Jeff was responsible for over 100 staff for planning, building, civic “Town planning is a field where it is difficult to stand out compliance, traffic and parking. favourably (but all too easy to stand out in the other direction.) It is also a field which requires not only a high degree of skill but During those 24 years, Jeff changed the way planning was done rare qualities of temperament. On both counts Jeff is regarded at his council. A series of innovations rolled out from Glen Eira, by his profession as outstanding”. all driven by Jeff’s clear vision of what an effective planning process should be. The Let’s make a decision approach included Andrew Newton CEO Glen Eira pre-certification, short VCAT reports, the officer’s planning I first met Jeff way back in 1981 when I somehow got ajob committee, the planning conference, years with no “Failure to as Assistant Area Scheme Controller – Metro North at the make a decision” appeals, clearer and more effective planning Melbourne Metropolitan Board of Works. Jeff was the Area policies and the empowerment of staff to take responsibility and Scheme Controller, an impressive title and a big job. Jeff was make decisions. pretty young for such responsibility. These initiatives meant that the Glen Eira team enjoyed an Life was pretty good at the Board. Back then you could smoke in excellent workplace culture and high staff retention rates. In my your office. There were cheap lunches at the MMBW canteen and observation, Jeff has never led anything other than an A Team. the tea lady came twice a day. The planning scheme maps were As we progress through our careers, we meet people who hand coloured with Windsor & Newton inks and the Board’s car become models for our own behaviour. Models, not so much pool gave you a Datsun 1600 (if you were lucky) or a Ford Escort if to copy, but as references as to how to behave, or respond or you weren’t. Best of all, you didn’t have to type anything yourself how to approach a particular situation. I have been very lucky to because there were no computers. have worked for lots of really great people who have all left their Metro North was the only regional office that was located in Head mark on me in different ways. Years later when it does get tough Office, on the same floor as the Chief Planner. The big bosses or tricky, I still find myself thinking – what would Paul Jerome quickly found someone to give their problems to - and Jeff was have done here? How would Jeff Akehurst have handled this? already clearly regarded as a ‘go to’ person for the tricky issues. Invariably, that helps to find the way. In 1985, the MMBW Planning Branch was “press-ganged” by the Cain government into the Ministry for Planning, and Metro North In 2005 Jeff was the inaugural winner of the prestigious VEPLA moved to 235 Queen Street. Paul Jerome Award. The Paul Jerome Award recognises someone who has given an outstanding contribution to public Jeff has a great commitment to good planning and an ability service in the image of Paul Jerome. I have no doubt that Paul to achieve good outcomes without compromise. In the early would have been very pleased that the first recipient of the award nineties, Minister Maclellan included Jeff in his Planning in his name was Jeff Akehurst. Advisory Committee along with Paul Jerome, Helen Gibson and others. Jeff also served as a sessional member at VCAT. Peter Allen is currently an executive at the new Department of Environment, Land,Water & Planning. Peter worked with Jeff Those of us working with him saw that professionalism sorely Akehurst at the MMBW and various Government departments tested when Jeff’s first wife contracted cancer in the late 1980’s during the 1980s.

VPELA Revue March 2015 / 45 Places VPELA/UDIA planning study tour to Singapore Jennie Jones Study Tour Leader

This 4 day Study Tour was our first attempt at a short stay tour challenging given the cloud cover brought on by Singapore’s centred on the local region. We decided on Singapore because tropical climate. so much had changed in Singapore, due, in part, to government strategic policy and establishing well-integrated strategic With a high level of traffic congestion, Singapore retrofitting planning strategies back in the 1970’s. cycle-ways to encourage cycling. There is a plan to provide up to 700km by 2014. A traffic congestion tax is also operational The Tour commenced with Welcome Drinks on the first night, which consists of signs displaying the price being charged on giving us an insight into the tropical humid weather to be a real-time basis based on traffic levels. Car purchase and expected over the next 3 days. The humidity is a reason lots of registration is very expensive the average cost is $90K plus a cool refreshing beverages including the famous “Singapore licence to own a car required. The licences are sold by auction Sling” are a must. with bidding commencing at $70K each. Even with these initiatives traffic is bedlam. Day 1 saw us boarding our air-conditioned bus with a delightful well-experienced bus driver. We realised later how essential this Landfill is another major issue in a land strapped country. element is to a tour in a congested city! Singapore has a program where 57% of waste is recycled, 41% is incinerated creating 10% residual ash. This ash is used for offshore landfill. Ash is used as the basis of reclaimed land development mainly for industrial use. Public Housing is a key strategy with 83% of residents living in public housing. Residents are able to purchase apartments with 87% now privately owned. In 2011 the cost of a 3 bedroom apartment 90 m² was $200-$300K. Some other interesting key government strategies include:

• Commuter to work targets, a key policy measurability; • Strategy to provide underground retail with connected walkways, thereby providing additional development areas; • Co-location of infrastructure in deep sewer tunnels; • Multi-level factories to reduce factory footprints; • Development incentives of Gross Floor Area (GFA) with plot ratio incentives when significant sustainability initiatives are URA Singapore provided with development. In the afternoon we travelled out to Mt Tamar Executive housing Our first visit was toSingapore URA (Urban Renewal Authority), estate, a luxurious private housing development, abutting Mt we met with Mr Seow Kah Ping, Senior Director, Urban Planning Tamar National Park. This development incorporated a road for Excellence Group. Mr Seow gave a very informative overview of fire truck access within the paved landscaped central courtyard. Singapore’s Strategic Planning approach, going back to the 1971 A downside of being so close to nature was the monkeys creating Strategic Land Use Plan. havoc on the private balconies. The Strategic Plans have directed government infrastructure We visited Reflections at Keppel . Bay A marvellous private agencies in provision of major infrastructure including roads land development on the former Capital Shipyards including & public transport and directed public and private funding in part reclaimed land. This development features 6 towers, with regard to housing and commercial development. The current views of Mt Faber, consists of 1129 apartments with Clubhouse department focus areas are centred on: housing choice, provision overlooking Keppel Bay incorporating members kitchen, Italian of industrial land, providing jobs closer to home, improved public furnishings, 50mt pool, gym, Jacuzzi, tennis and 3 km jogging transport and cycle pathways, strategic land sales and provision track. Apartment prices range from 1 bedroom $1.6M to of green space. (Reads as a familiar list!) Penthouse $46M, with most apartments including very modest maid quarters. Given the proximity to Malaysia, Singapore is very cognisant of its dependence on Malaysia for fuel and water. Singapore has a For dinner we all went to Merchants a newly established funky policy/key target to be self-sufficient in water provision by 2062. wine bar where our own Frank Butera exports his famous “Bass Singapore is actively pursuing solar power provision, which is River” wines.

46 / VPELA Revue March 2015 • National Stadium, 55,000 seat capacity designed for Athletics, cricket, soccer, rugby, hockey and concerts with a retractable roof. We can testament to the fantastic acoustics as they were being tested during our visit. • OCBC Arena incorporating 3 halls, catering for tennis, basketball and concerts with 6000 seating as well as Badminton with 1500 seats and Volleyball with 800 seats. • Aquatic Centre with 3 pools. All areas are accessible to the public at nominal charge when not in use for competition or training. • Indoor Stadium for Tennis and Racquet Ball • Library with 80,000 books specialising in health and fitness • Sports Museum • Water Sports Centre with Canoeing, Kayaking and Dragon Boat facilities Khoo Teck Puat Hospital - Many Thanks CPG Singapore for their hospitality and assistance All linked to a shopping centre, including a rock-climbing wall. Back to Marina Bay we saw an inspiring development Day 2 we heading off to Khoo Tech Puat Hospital. This is a well- incorporating a hotel, infinity pool, shopping, casino, convention designed modern holistic community hospital incorporating centre, restaurants and floating pavilions, with a Sky deck many “health and well-being” initiatives such as: offering awesome views over Singapore. Adjacent and linked to Marina Bay is the Gardens By the Bay an amazing green • Window garden boxes to allow for cool airflow into rooms space development incorporating plants from all the world • Central open courtyard incorporating WSUD principals over with two indoor conservatories “Flower Dome” and “Cloud providing cool air ventilation and breezeways. Forest”. This award winning Garden incorporates nature, art • WSUD incorporated retention basin supplying water for and technology on a 101ha site. The site offers amazing views irrigation and all toilets on site. from the skyway, which gives views over the Supertrees that, are water towers with vertical gardens that collect rainwater • Principal design incorporating community elements such as: and generate solar power for the operation on site. A lightshow church, commerce, government and academic initiatives on operates nightly and highlights this incredible development at a site. time when the humidity is a little more bearable. • Indigenous plants including medicinal plants with informative signage. • Integrated public transport.

We also saw the construction site of the Ng Teng General Hospital on a 6Ha government land site incorporating major road development, underground train access with integrated elevated accessible walkways and adjacent integration with medical education, vocational training, shopping and commercial facilities. The development also incorporates solar power, rainwater tanks for all irrigation on site, recycled water for all cleaning and toilets which is provided at half the cost of potable water. A major element of the design has been to provide cross ventilation breezeways with cantilevered verandas in community hospital wards, designed to remove cost of expensive air conditioning.

In the afternoon we learned the hard way the important skills a Tour Bus Driver Must Have:

• English speaking • Knowledge of our itinerary Garden By The Bay, Marina Bay • Local road knowledge and • Understanding what is a safe drop-off point for tour participant! Our eternal thanks must go to the organising Committee: Steve Copeland UDIA, Julie Reid VPELA, Jennie Jones VPELA and Jim Our next destination The Singapore Sports Hub is a new 35ha Webber who not only helped with the itinerary and contacts but sports complex, centrally located on 2 train networks with linked also kept us focused on what will work on a tour. stations and 2 highways with linking ramps all within 10 min of the City. This development was a PPP (rare in Singapore). Jennie Jones, Director Beacon Town Planning. Facilities include: Email [email protected]

VPELA Revue March 2015 / 47 The Business Fire and planning Are we better prepared? Ken Mival URS Australia

VPELA Seminar held at URS on 25th November, 2014 It is now 6 years since the Black Saturday fires of 7 February 2009. In December 2014, the Environment Sub-committee discussed how far we had come in terms of regulations and practice since 400,000ha of Victoria was destroyed by bushfires with the loss of 173 lives.

Chaired by Frank Butera of Arup the seminar had the benefit of the varied experiences and views of four speakers. We were privileged to have as principal speaker Dr Kevin Tolhurst, Associate Professor Fire and Ecology and Management at Melbourne University, well known from his advice on fire • Topography (Slope, aspect, channelling, exposure or behaviour provided to the CFA during the 2009 fires and sheltering) subsequently to the Royal Commission. Dr Tolhurst talked about the principals of fire behaviour and their spread in mega-fires • Atmospheric Stability (indrafts, updrafts, spotting, transport and the implications for the design criteria for buildings and the and winds) and tracking of fires during such events. • Environmental Moisture (fuel moisture of live, dead, fine or coarse vegetation). Dr Tolhurst was supported by Paul Barnard – Principal of Ecotide who talked about the history of bushfire management Designing for fire risk: “Phoenix” and the development of regulations arising out of the 2009 fires; Dr Marc Bellette – Principal of Ecology Consultants who He then discussed how design criteria included in the standards presented the dilemmas arising from management of fire risk and codes were poorly defined in terms of a risk assessment whilst still maintaining appropriate protection to endangered process. In terms of the probability of house loss Dr Tolhurst species and the impracticality of providing offsets where habitat discussed the use of a predictive tool “Phoenix”, but also is removed; and finally by Ken Mival of URS who talked about emphasised that the patterns that occur are not uniform due to the practicalities and costs of building in Bushfire zones and terrain ruggedness; convective air movements driven by the fire compliance with the updated standards. activity and leading to potential fires storm areas such as Pine Ridge Road in Kinglake; or in the case of Marysville, the creation “Defendable space” of an ember drop zone into a bowl area causing multiple fires over a short time in a wide area. He emphasised that even in the Dr Tolhurst explained that the main principle of the revised mega-fires like Black Saturday, the cause of over 80% of house Standard on Building in Bushfire Zones (AS3959) was about loss is from ember attack, and most of the effort in fire resistance “Defendable Space” in the first instance; to protect human should be aimed at preventing ember entry into structures. life rather than to save property. The Bushfire Attack Level determined for each property has adopted a conservative view on Summarising what we have learnt since 2009, Dr Tolhurst made the impact of flames and captures a range of hazards, including two main conclusions, that Fire Scale is important, particularly the impact of radiation from a fire front. due to the rapidity of propagation of mega-fires, and that dynamic fire simulation is essential to guide fire management Fire spread: 5 sources in real-time. Through dramatic graphics he demonstrated how the spread Bushfire management: then and now of fire is primarily controlled by the scale of the fire. On Black Saturday the rapidity of the fire spread occurred due to the Paul Barnard gave a comprehensive run through on bushfire interplay of the topography, fuel sources and atmospheric management practices. He commenced with the Aboriginal conditions. This interplay caused to spot fires many kilometres in use of fire for land management for the last 40,000 years; how front of the main fires. He introduced us to the idea of 5 sources bushfire management and legislation had changed over the of energy inputs to these fires: last 100 years; and how bushfire management has become a full time job. He pointed out that awareness of the dangers from • Fuel Load (fine, coarse, live or dead vegetation) bushfires is heightened by the mega-fires and the enquiries that • Weather (wind, temperature, humidity, dew point) inevitably followed, such as after the 1939 Black Friday fires.

48 / VPELA Revue March 2015 Dr. Marc Bellette, Ken Mival, Paul Barnard & Frank Butera Andrea Macdonald, Dr. Kevin Tolhurst (seminar presenter) & Anne Murrell

While each mega event had led to regulatory and management with AS 3959 – 2009 and how it had evolved with updates in 2011, changes this was followed by the inevitable complacency until sometime after many people had already rebuilt after the 2009 the next major fire – such as Ash Wednesday in 1983 and Black fires. He indicated that the standard also cross references to AS Saturday 2009. 1530,8 for the testing of materials (parts 8.1 for BAL 12.5 to 40 and 8.2 for BAL FZ). In 2009, the estimated additional building He argued that bushfire management is primarily a political cost for an average house was estimated to range from $11,538 response which leads to evolutionary changes in bushfire to $22,108 depending on the risk level identified for the site. planning. This has included the introduction of the Bushfire However, subsequent experience of people re-building in the Management Overlay (BMO 2011) – now covering some 80% of Kinglake Ranges has indicated that compliance costs are far the State following recommendations of the Royal Commission. higher; ranging up to $118,000+ for an average 3 to 4 bedroom This also firmly set the priorities as Life; Property; and then 2 bathroom home. The additional construction costs in the Fire the Environment. The BMO was moderated in May 2014 due Zone are heavily caused by the specification of fire resistant to the backlash from the community when owners of high risk windows, doors and/or fire shutters, and the use of a full coverage properties found they would be unable to build on them. This has fire blanket over the whole building. Ken then provided insight allowed a reduction of defendable space provisions which was into the decisions taken by selected landowners rebuilding along seen as a backward step by many practitioners. one road where 11 out of the 15 houses were lost. Only 6 have been rebuilt with the remaining 5 located in flame zone not Native vegetation and bushfire management: having attempted rebuilding – possibly due to the costs. Of those rebuilt, 2 were initially classified as BAL 40 but were reduced to Dr Marc Bellette introduced us to the dichotomy between BAL 29 after removing trees, and another one to BAL 19 after compliance with the Native Vegetation framework and the completely clearing the block. He also showed examples where requirements of bushfire management overlays. The vegetation owners had virtually clear-felled several acres in order to reduce framework essentially required a net gain and had existed for 11 costs of rebuilding. This emphasises Marc Bellette’s question as years until May 2013, requiring offsets which were reasonably to how this will be maintained in the future. generic. The reforms to Victoria’s native vegetation regulations included a risk based pathway approach (low, medium and high); Lessons learnt: lessons forgotten based on modelled occurrences, not on any actual occurrence (i.e. no actual presence of protected species is required to The evening ended with a panel discussion that further explored trigger the need for offsets). The modelling requires specific the practicalities of fire prediction and management; the vegetation species to be protected; must demonstrate that an relaxation of the BMO’s; and the post fire permits for rebuilding offset is available (a presence in a native vegetation reserve in the on the same properties where houses had been lost, irrespective vicinity of the development site does not count); and introduces a of the BAL. threshold of 15 trees. Whilst no-one specifically answered the main question – whether Marc indicated that the Practice Note 65 which explains this has we are now better prepared than in 2009, in the discussions over been very difficult to implement and be measured in practice. He refreshments at the end of the seminar the general opinion also questioned that, whilst we can design defendable space to expressed was that, whilst the situation had been improved, the bushfire standards required, who would subsequently ensure complacency has taken over to an extent and possibly only 10% that it is done correctly and who is responsible for ensuring that of the population are better prepared now than in 2009. There it is maintained? remains a pressing need for some retrospective action in areas of high risk. Building in bushfire zones: what is happening on the ground? Ken Mival Senior Principal – URS Australia Ken Mival – Senior Principal of URS, the hosts for this event, then gave some practical advice on what is entailed in compliance

VPELA Revue March 2015 / 49 YPG 2014 Masterclass series Ellen Laskaridis Sean McArdle Glenn Skoien Minter Ellison Rigby Cooke Spiire Australia

Planning does not sit still for long. 2014 saw the introduction to adopt evidence-based learning, by undertaking inspections, of Victoria’s third long term planning strategy in a little over a considering occupancy surveys and finding out what residents decade (Plan Melbourne) as well as significant zone reforms. really want and need. With this backdrop, the 2014 YPG Master Class series focused on the theme of ‘policy transition’. Dr Tom Alves (Office of the Victorian Government Architect) discussed the work of the OVGA which has commenced the The YPG Master Class series has become a staple event in preparation of apartment design standards, nominated as an the YPG line up and seeks to provide young professionals with initiative under Plan Melbourne. Tom referred to literature in other technical and practical skills to assist them in working in a states and countries which has considered impacts of apartment multidisciplinary environment. Through holding mini-seminars design on health and wellbeing, such as poor access to daylight for around 30 people, these events provide young professionals and ventilation. Tom noted that councils, such as Moreland and with the opportunity to engage with industry leaders in a less Melbourne, have prepared their own higher density strategies in formal environment. the absence of apartment regulations in the VPPs. The 2014 YPG Master Class series was held on 13, 17 and 27 Key principles of bushfire and November 2014. The YPG would like to thank all of the Master wind farm management reforms Class speakers and Rigby Cooke Lawyers for hosting the series. The enthusiasm with which the speakers presented is a Brett Lane (Brett Lane & Associates) led the class through testament to the commitment of our industry to the development the current bushfire planning provisions of the VPPs. He of young professionals. Please stay tuned for the 2015 Master explained how the 2009 Victorian Bushfires Royal Commission Class series! (Commission) set the scene for a shift in policy to place greater weight on protection of life and property. As an example, Brett ResCode and beyond – the move towards noted that amendment VC83 (a response to the Commission’s residential apartment standards recommendations) replaced the objective at Clause 13.05 of the SPPF to ‘assist the minimisation of risk to life, property, the John Glossop (Glossop Town Planning) gave an overview about natural environment’ with the ‘overarching strategy’ to ‘prioritise how residential standards have been developed over time. As the protection of human life over other policy considerations’. a member of the ResCode Advisory Committee in 2000, John explained the objectives of what ResCode was trying to achieve, A key theme of Brett’s masterclass was the interaction between in particular the need to have an effective tool for performance bushfire planning and native vegetation controls, identifying based planning, through the use of objectives, standards and conflicts between the bushfire and native vegetation provisions, decision guidelines. such as vegetation clearance exemptions. Brett also compared the bushfire requirements that apply to development within He explored some aspects of ResCode where its application could existing settlements with planned subdivision. He noted that be reconsidered and improved, for example, the assessment developers of dwellings in existing settlements can ‘choose under Standard B17 (side and rear setbacks) for four storey their own risk’ with respect to defendable space (i.e. design for buildings in activity centres. He encouraged young professionals any Bushfire Attack Level), whereas for subdivision a minimum

John Cicero helping to provide the answers John Glossop & Martyn Thompson

50 / VPELA Revue March 2015 Fenella Kennedy & Aleks Lobaza Daniel Murphy, Rachel Butler & Noel Treacy defendable space distance applies (corresponding to Bushfire based, inter alia, on there having been significant changes to Attack Level 29). wind farm planning controls and policy (Naroghid). Eliza Bergin (Victorian Government Solicitor’s Office) presented Implementing new policy and managing a timeline of wind farm reforms in Victoria, from the largely transition – lessons learnt from policy reform performance based approach implemented through VC16 (2002) and the incorporated document, Policy and Planning Guidelines The third and final master class, Kathy Mitchell (Planning Panels for Development of Wind Energy Facilities in Victoria (2002) to Victoria) and John Cicero (Best Hooper Solicitors) discussed the shift to greater prescription in recent reforms (VC78, VC82 their experiences and key lessons learnt from policy reforms and VC91), which designate large areas of the state where a wind throughout their careers. farm is prohibited, including within 2km of an existing dwelling without the owner’s written consent. Kathy devoted her presentation to describing the machinery of Planning Panels Victoria and its role, not only as a reviewer of Eliza gave an overview of key principles from significant VCAT planning scheme amendments but a researcher and formulator decisions concerning wind farms including the Cherry Tree1 and of planning policy through advisory committees. Kathy explored Naroghid 2 decisions. Key insights from these decisions included: the benefits of continuous feedback through the policy formation process, through ongoing research, testing and consultation The Tribunal’s acceptance that the 2km buffer required by • to determine how new policies will function. Kathy also the Planning Scheme already incorporates the precautionary examined the methodologies PPV undertook through various principle with respect to health concerns, and that residents amendments to demonstrate that there is truly no ‘one size fits with residual concerns within this buffer can refuse to provide all’ model to policy reform. their consent (Cherry Tree). John discussed the issues of policy reform in terms of the The position of public health authorities, including the • consistency or more specifically, the lack thereof that is found publication of ‘Wind farms, sound and health’ (Victorian throughout planning in Victoria. John’s analysis of policy transition Department of Health) which provided express statements identified the needs for policy to be relevant and maintained, that there is no evidence that sound which is at inaudible rather than irrelevant policy continuously enforced. John also levels can have a physiological affect [sic] on the human body’ discussed the issues confronting the industry due to a lack of (Cherry Tree). consistency in policy application, such as the application of the • The application of the Kantor3 principles to determine to refuse new residential zones and neighbourhood character policies. an application for an extension of time for a wind farm permit Both speakers identified that good policy requires leadership from Government and scrutiny and feedback from stake- holders and experts to ensure policy achieves objectives and workable outcomes.

Ellen Laskaridis, Minter Ellison Sean McArdle, Rigby Cooke Glenn Skoien, Spiire Australia

1 Cherry Tree Wind Farm Pty Ltd v Mitchell SC (Red Dot) [2013] VCAT 521; 1931. 2 Naroghid Wind Farm Pty Ltd v Minister for Planning [2013] VCAT 675. 3 Kantor v Murrindindi Shire Council (1997) 18 AATR 285.

Nathan Collins, James Mitchell & Glenn Skoien

VPELA Revue March 2015 / 51 YPG YPG bowls event

VPELA’s Young Professionals Group braved windswept and storm threatening conditions for another successful lawn bowls championship held at City of Melbourne Bowls Club at Flagstaff Gardens in late 2014.

Another delicious BBQ and the friendly bar staff at CoM Bowls Club took everyone’s attention away from the worsening weather The boys from GTA: Alex Connell, Ben Simpson, Andrew Carr & Goran Mihic whilst environmental obstructions caused by torrential winds made the field more difficult for even the (somewhat) skill players. But twigs and leaves can only affect playing ability so As most of the bowls stopped short, veered the wrong way or much, as even after the success of the inaugural event in 2013 rolled too powerfully down the green, there were some members and the hype surrounding the lead up to the YPG’s final social who could do no wrong. In the end the socialising prevailed over event for 2014, it was clear that many a player had not used the the weather and lawn bowls with no championship game taking off-season to get in some training before the big day. place this year. All attendees were winners at another successful end of year event. In a friendly competition between professions, Simon Gilberston (former YPG Co-Convenor), Adam Terrill (newly elected VPELA Networking, socialising and professional development go hand in Board Member) and Nick Clements (YPG committee member) hand at VPELA’s YPG Events. In 2015, members can look forward formed a team of Town Planners to take on a team of Traffic to a number of events coordinated by the YPG and tailored Engineers – Alexander Connell and Andrew Carr, led by last towards young professionals, including our first social function year’s bowls champion, Matthew Ballard. Tamara Brezzi (VPELA for 2015 (YPG Speed Networking), the Young Professional’s President) also joined in the festivities, casting a watchful eye Master Class Series, the 2015 Nexus Ball and a number of other over the lawn bowls participants. Professional Development Seminars.

YPG YPG committee

Carlo Morello Chris Hinton Carlo is a Senior Traffic Engineer with Chris Hinton is a Town Planner at TraffixGroup with over 7 years of experience Wyndham City Council with a Bachelor of across the Australian market, particularly in Commerce from the University of Queensland Melbourne and around regional Victoria. 2015 and a Master of Urban Planning from the marks Carlo’s second year as co-convenor University of Melbourne. He is currently of the YPG Committee. He is dedicated to undertaking a Master of Commercial Law helping create new networks between the at Monash University. growing VPELA community and its young professional group. Sean McArdle Sean is a planning & environment lawyer, Jenelle Cramer qualified mechanical engineer and RMIT Jenelle is a Senior Associate in the Planning planning student. Sean worked as an and Environment team at Gadens with acoustic consultant and policy officer at EPA extensive advisory and litigious experience before commencing legal practice at Rigby in a range of planning, development and Cooke in 2014. environmental projects. As co-convenor of the VPELA YPG Committee, Jenelle thoroughly enjoys finding new and creative ways to help the YPG and the broader VPELA community meet and learn from each other.

52 / VPELA Revue March 2015 Amy Wood Liam Wilkinson Amy is a Consultant Archaeologist at Biosis, Liam is a Town Planner hailing from regional with over 5 years of experience in Victorian Victoria. With previous experi-ence working cultural heritage management. She has for a regional Council, he is now enjoying city worked across Victoria, predom-inantly in life and working within an urban environment the west and northwest of the state with at the City of Borroondara. private developers, local councils and state government authorities to prepare Cultural Allison Tansley Heritage Management Plans in consultation Allison currently works at Maroondah with Traditional Owners. City Council as a statutory planner where she enjoys the challenges and rewards Glenn Skoien of balancing important planning policies, As a Town Planner at Spiire, Glenn works explaining the planning scheme to lay people on a range development focused projects and ongoing learning about the complex ranging from dual occupancies to Victoria’s system that is statutory planning in Victoria. newest neighbourhoods. Glenn regularly advises clients on a range of statutory and Bronwyn Woodgate strategic matters and is passionate about Bronwyn is an environment and planning facilitating contemporary built form that lawyer in Projects & Real Estate team at renews and enlivens urban areas. King & Wood Mallesons. She has recently completed a Masters of Laws at ANU, Roland Miller McCall specialising in environmental law. Roland Miller McCall is an in-house solicitor with the Department of Health and Human Alexander Connell Services, where he advises clients on legal Alexander is a senior project manager at issues relating to the Department’s property GTA Consultants with over 8 years experience portfolio. Roland has acted for government in the delivery of various traffic engineering clients in a range of planning, environment and transport planning projects throughout and heritage matters. Roland is currently Australia. studying a Masters of Environmental Law. Angela Ash Tessa D’Abbs Angela is a Senior Planner at Contour Tessa is a Senior Planning Policy Officer at Consultants. Since commencing at Contour the Environment Protection Authority. She in 2011 Angela has been involved in a diverse supports the EPA to inform strategic and range of development projects, developing statutory planning decisions of environmental skills in both statutory and strategic planning. risks, through referral responses, policies She also regularly assists with matters and guidance, VCAT hearings and Planning before VCAT and Planning Panels. Panels. Tessa was previously a lawyer in the planning and environment team at Rachel Butler Maddocks. Rachel is a town planner at Tract Consultants, where she began as a James Dear student in 2013. During her time at Tract James is a project engineer with boutique she has enjoyed being involved with a wide traffic and transport engineering consultancy variety of planning projects, including onemilegrid. Working closely with developers, residential, commercial and industrial planners and architects he has developed developments, as well as a number of key broad experience delivering projects strategic planning projects. ranging in scale from townhouses to wind farms, with a personal focus on providing Noel Treacy value with sustainable, innovative and Noel is an Irish Town Planner who has functional solutions. worked for VicRoads’ for over 5 years. He provides advice to VicRoads staff around Rachel Green the State regarding complex strategic and Rachel’s background is in science, law and statutory planning issues. He has also environmental management. She has a previously worked for local government in particular interest in transport, energy and both the U.K. & Ireland. water issues and is currently the corporate lawyer responsible for GM Holden Ltd’s environment and property portfolio.

VPELA Revue March 2015 / 53 In-house Meet your new board members

Mimi Marcus, Partner, Public Law – On a personal note, I live in Melbourne’s inner west in a small Planning & Environment, Maddocks beach side apartment that I’m slowly renovating. I’m a bit of a fitness fanatic and currently train at a mixed martial arts gym in In my first year of practice as a young the CBD. lawyer, Maddocks signed me up as a member of VPELA. Little did I know at that Contact: [email protected] time the role VPELA played and continues to play in developing its members and connecting them to each other and the Adam Terrill, Senior Principal and Town broader community and engaging in ideas. Planner, Tract Consultants In around 2000, I decided to pursue a law degree after completing Whether it be the colossal Annual Ball, a degree in anthropology and working for a period of time in density debates in the Treasury bunker, or a successful family business manufacturing and retailing art the yearly conferences amongst the rolling supplies in Australia. I needed a change and law interested me, hills of regional Victoria, VPELA’s success particularly public law and human rights law. I graduated in 2003 lies in its ability to educate and connect, and finished my articles at Maddocks in 2004. In 2013, Maddocks but with a jaunty side. To me VPELA is appointed me as a partner of the firm. It’s been an exciting ride, about building networks and learning about relevant topics and I am constantly developing. I treasure the terrific enduring amongst colleagues and friends. Key to VPELA’s recent success friendships I’ve made over the course of time in the planning has been its nurturing of young professionals – creating a space with talented people across a number of disciplines. And welcoming environment where hesitant twenty something’s can most importantly, planning law and planning more generally find their industry feet. continues to sustain and interest me. Contact: [email protected] I am a Senior Principal and Town Planner at Tract Consultants – Australia’s first landscape architecture firm and now one of Victoria’s largest planning consultancies. Over my 10 years as a VPELA member, I was a Young Professionals Group (YPG) Jillian Smith, Senior Project Manager, Committee Member from 2004 – 2008, receiving the Young Department of Economic Development, Professionals Award in 2006 that allowed me to travel to Thailand Jobs, Transport and Resources to assist with the Tsunami rebuilding efforts. The youngest of 6 boys, I grew up on a farm near Rutherglen in North East Victoria, and moved to Melbourne at 18 to study planning at Melbourne I have been working in the planning University. Outside of work, I played 150 games for University industry in Victoria for 13 years in both Blues in the VAFA, and currently spend weekends caring for my government and private sector roles. Since 2 children, Albert 2, and Audrey 9 months. Over the last 5 years 2006 I have been working in facilitation I have been renovating a workers cottage in Kensington. I credit with the State Government, assisting my choice of career to my brother who at 16 gave me a copy of proponents to navigate the maze of regulatory approvals (and SimCity. Amongst the terraforming, palatial mayoral residences, hopefully saving them some time along the way), providing frank and of course rampaging monsters, a seed of city planning was and fearless advice to proponents and Ministers, and working on planted. Its remarkable how many people of my age similarly very interesting projects across all industry sectors. credit a computer game for why they chose planning. I have a I have been actively participating in VPELA’s activities since 2001 passion for demographics and measuring the qualities of a place and became a Member in 2008. I have always thought VPELA is that make it liveable – a pastime practised easily in Melbourne. a fantastic association, and that it plays a very important role in I have been an organiser of some and attendee at countless the planning, legal and environmental fields in Victoria. VPELA seminars, including many VPELA balls. I have been part of the offers a consistently high standard of professional development organising committee for past VPELA conferences, and my and networking opportunities to its Members and I am thrilled organisation, Tract, has been a long term supporter of VPELA, to be involved to help provide these opportunities. One thing I most recently through sponsorship of the Paul Jerome Award for have learned in my career so far is that building and maintaining excellence in public service. good working relationships with a broad range of people makes the world of difference, and I think VPELA provides an excellent Contact: [email protected] platform for professionals in our industries to do this.

54 / VPELA Revue March 2015 Welcome to our new members…

Andrea Harwood DELWP Michael Gigliuto Cardno Swarup Dutta Consultant Josh Gould Aurecon Chen Peiran RMIT Edward Griffen Marshall Day Acoustics Tess Bowyer Hyatts Solicitors Gareth Hamill Bosco Jonson James Ward Minter Ellison Andrew Hill Ecology and Heritage Partners Iain Brodie David Hockley Orbit Solutions Andrew Peters Hallmarc Developments Richard Jones Aurecon Charlene McCoy Metropolitan Planning Authority Winnie Leung Wendy Duncan Victorian Bar Michael Lever Biosis Kathryn Morland KAW Consulting John-Paul Maina Cardno Leila Esseesse Deakin Hilary Marshall Cardno Amy Wood Biosis Anthony Matthews Foresite Town Planning Robert Marks Tract Consultants Jennifer Meek Herbert Smith Freehills Matthew Wilson Planning & Property Partners Ashley Minniti City of Port Phillip Henry Wood The Planning Group Jessie Mitchell-Bryant Urbis James Atkinson MacroPlan Tina Ngu Mitchell Shire Council Rosalind Serventy MPA Suzanne Nunn Deakin University Damien Hancox TMM Consulting Lisa O’ Halloran Coles Group Property Simon Williams Echelon Planning Developments Nicholas Roebuck David Locke Associates Jeremy Peters Cardno Aleksandra Lobaza Hume City Council Emma Prespanoski PLANN-EM Sarah Watts SJB Planning Alison Radford SLR Consulting Angela Schrripa Whittlesea City Council Eleni Roussos James Bryce King & Wood Mallesons Deanne Smith Latrobe City Council Katrina Lee AECOM Rebecca Stockley Knight Frank Town Planning George Borg Port Philip Council Julian Stone Cardno Andrew Burns Victorian Environmental James Stuart-Menteth Assessment Council Adeline Tan Select Planners Rachel Butler Tract Consultants Katrina Terjung City of Port Phillip Natalie Calleja Bosco Jonson Amy Van den Nieuwenhof Ratio Consultants Lenthall Chantal Planisphere Karen Watson City of Stonnington James Dear One Mile Grid Liam Wilkinson City of Boroondara Joshua Dellios Herbert Smith Freehills Sam Williams Urbis Diana DeZilwa Cardno Angela Wood Cardno Ashleigh Fox Julian Wright Ashurst Lisa Gervasoni Moorabool Shire Council

Planningxchange (PX) – new media In December 2014 the first two podcast episodes of planningxchange appeared on iTunes. The podcast series seeks to promote a better understanding of urban affairs and city design. Each episode consists of an interview. First up is Chris Abery of Deep End Services discussing retail trends. The second episode has Tim Biles discussing courage, intergeneration conflict within the profession and refugees. At least twelve interviews will appear over 2015.

For those not experienced with podcasts - a new world awaits! Podcasts have been described as audio on demand. To access the PX podcasts, go to iTunes, select podcasts then search planningxchange. The podcast episodes will appear. You can select ‘subscribe’ and then when each new episode appears it will be downloaded to your computer, tablet or phone. There is no cost. The episode can then be played at a time and place of your choosing.

The podcast series is linked to the website www.planningxchange.org and a Facebook page (search planningxchange). Additional details about the project can be found on the website. We hope to receive listener comments on new topics, issues raised and interview subjects.

Jess Noonan ([email protected]) and Peter Jewell ([email protected])

VPELA Revue March 2015 / 55 Summer drinks at ERM

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 PO Box 1291 level advice to Government and makes submissions to all aspects of land Camberwell 3124, 9813 2801 use planning. If you have any questions or are interested in joining the www.vpela.org56 / VPELA Revue March au 2015 Association, contact Jane Power, Executive Officer.