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The Archive  2006 @  WWW.KEW.ORG.AU
Kew Cottages Coalition Reg # A0044698H
 



Willsmere from Belmore Road


'Secrecy' hinders city's major projects. The Age 9.9.6


Tuesday 12th September 2006

By last Friday 8th September over 200 Objections to Bracks Secret Planning Document "V"  were emailed to Planning Minister Hulls !

So much for Government secrecy in the age of the Web...

Mr Bracks preaches transparency....


So thank you to everyone who responded to our request (below). Thank you for helping us shed a little light into one of the  darker corners of the Bracks  Government.

We have now written to Mr. Hulls, noting your objections, and asked him for a response within 14 days for publication here on this website...


Document 'V'
Lesson 1.

Q.  "How to get approval to bulldoze over a hundred native trees on Crown Land  without a permit in Melbourne. "

A. Option 1: Stage 1.
Try the 'Moonscape' approach
Apply for a permit
exemption
...



The secret 18th August 2006 DHS application (Document 'V') for Native Vegetation removal from Kew claims that, at the time of the application,  there were  292 Trees - including both Heritage Trees and Native Trees growing in the Stage 1 Development Area at Kew.

Stage 1 Development Area

Of these 292 trees Document 'V' proposes the  removal of 
up to 177 trees
- ie: over half of all the trees in Stage 1 alone.

However,  Document 'V' focuses on, and indeed claims that a permit is only actually required  to remove 20 native trees ! This leaves a very  substantial number of trees whose removal, Document 'V' would appear to be claiming in each case is exempt from permits.

(Note: The exact number of trees involved is still hard to establish on the currently available data. Not all trees are clearly identified in Document 'V', nor do all the details that are provided  appear to be completely  accurate. more...)


Document 'V' stakes its claim for so many permit exemptions largely on Clause 52.17 of the Boroondara Planning Scheme eg: The Notes on the  above Tree Plan state:

Document 'V' Plan Notes

However, as the stated primary objective of Clause 52.17 is actually:

 "To avoid the removal of native vegetation"

Readers may be forgiven for thinking  that 'Document 'V'is likely to have a good deal of unintended entertainment value, laced with loads of 'good honest spin'  and the occasional rhetorical flourish designed to keep the "Sir Humphrey's" of the Minister's Department amused.


Readers will not be disappointed.
Messrs Costermans, Wills, Faher, and Rotherham, for example, as referred to above, no doubt provide a very learned discourse on categorising  Victorian native vegetation, but , prompted by Document 'V' the reader will now also apparently be encouraged to look to these distinguished authors for answers to  the interesting 'wattle and daub' development question posed in Document 'V's' Plan Notes, that has puzzled Planners for generations. Namely:

Q.  Just how much native vegetation is actually "necessary for the construction, use and maintenance of a dwelling and building and works ancillary to a dwelling." (sic)
 (See Tree Plan Notes Above)

 More importantly perhaps,  the redoubtable botanists can also apparently be relied upon, according to Document 'V', to help Departmental  readers also address the 'minimum extent of native vegetation'  necessary for such  'construction, use and maintenance...'

Unfortunately, however, readers will be sadly disappointed, because Document 'V', appears to have got it wrong, in more ways than one in its approach to removing native trees from the Crown Lands surrounding Kew Cottages.

Far from extolling the virtues of 'wattle and daub' as the construction medium to be adopted at Kew Cottages,  what Document 'V' really appears to be trying to claim is that (without being too specific)

 "Many trees are exempt as they form part of the minimum extent of native vegetation that needs to be completely removed in order to construct new dwellings in the manner and form shown on the Document 'V' plan."

What is still strangely missing in Document 'V', however, is any of the 'compelling evidence' (to quote a favourite expression of  one of the Minister's Planning Department spokesman) that one would expect to find to support
each claim, as required under the Boroondara Planning Scheme. eg:


PARTICULAR PROVISIONS - CLAUSE 52.17 PAGE 2 OF 6

52.17-5 Decision guidelines

Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:

General issues
  •   Victoria’s Native Vegetation Management –  A Framework for Action Department of Natural Resources and Environment 2002).
  •   Whether the proposed development can be located and designed to avoid the removal of native vegetation.
  •   Whether the proposed development is located and designed to minimise the removal of native vegetation.
  •   The need to offset the loss of native vegetation having regard to the conservation significance of the vegetation.
  •   The conservation and enhancement of the area.
  •   The preservation of and impact on the natural environment or landscape values.
  •   Any relevant approved Regional Vegetation Plan.
  •   Whether the proposed development is in accordance with any property vegetation plan that applies to the site.
  •   The cumulative impact of native vegetation removal on biodiversity conservation and management.


Land protection....
--( end extract of Boroondara Planning Scheme)



So at this stage we invite you to make up your own minds, albeit,  on the limited information currently available .... and would welcome your feedback.

To the best of our knowledge no detailed building plans and permits have yet been approved, so we fail to see the merit in any current claim that all the trees identified for removal in Document 'V' do in fact have to be removed. We would envisage that some trees could be pruned or relocated, or indeed that some buildings might be better designed to accommodate the local environmental conditions - rather than just being transported en mass from a Sydney draftsman's CAD software package to the banks of the Yarra like pieces of Leggo.


You  can now view what we believe to be current extracts of Document 'V's proposed Stage 1  Tree removals at Kew Cottages here:

1. Schedule to remove up to 125 Native Trees (unspecified, and un-numbered,other than by Lot No.) WITHOUT a permit to remove native vegetation.

2. Schedule to remove up to 32 Trees including Native Trees (specified, numbered, and shaded pink) WITHOUT a permit
to remove native vegetation.

3. Schedule to remove 20 Native Trees (specified, numbered,
and shaded blue ) WITH a permit for the removal of native vegetation - for which application is made in the document.




Please Note: For further information, including corrections, additions, and changes to planning permit applications, and associated documents we recommend that you contact the Responsible Planning Authority for Kew Cottages, The Victorian Minister for Planning, Mr. Rob Hulls.






Thursday 7th September 2006


PLANNING BACKLASH
STOP

Bracks Secret Permit Application

Say
"NO!"
to
Yarra Bend Land Clearance



Brian Walsh, President,  Kew Cottages Coalition, today accused the Bracks Government of secretly planning to 'bulldoze' over 176 native trees and vegetation at Kew Cottages  in an attempt to get private developers to buy the site before the State Election in November.


Mr. Walsh said that it appeared that developers  were worried that the State Government Environmental 'offset' policy combined with the risk from phytophthora on the site would make it too expensive for them to remove the trees if they are forced to buy the land  'as is' with all the eucalypts, wattles, sheokes, and other native vegetation still left standing.

"The Government knew they had a big problem as soon as they found phytophthora on the site back in February , Mr. Walsh said. "First they tried to get away with helping potential buyers by rushing through a secret Planning Scheme Amendment in March, quickly followed by a Development Plan, neither of which, however, even mentioned the fact that the Government had found the deadly tree fungus  phytophthora!"

Now it looks like the
Bracks Government is bending over backwards again to do the developers another big financial favour at the expense of all Victorians ! We've heard that land clearance might even be one of the conditions of the sale," Mr. Walsh said.

Mr. Walsh called on all four Ministers who appear to be involved in the scheme - the Premier, Steve Bracks, the Minister for the Environment, John Thwaites, the Minister for Planning , Rob Hulls, and the Minister for Community Services, Sherryl Garbutt,  to publicly condemn the secret Planning Permit Application that was sent to Hulls for approval on 18th August 2006, apparently with the full support of the Department of Human Services. 

"The 18th August Application for Native Vegetation Removal seeks to 'moonscape' large parts of the site, and defer any consideration of  the native vegetation 'offsets' that are required under the Planning and Environment Act," Mr. Walsh said.



This tree lined 27 hectare site is still Crown Land and adjoins Melbourne's largest expanse of natural bushland Yarra Bend Park.

However,  within days of the August 2006 Council debate on the need for new laws that  would help provide more tree protection throughout Boroondara, the Bracks Government has been caught out planning to secretly remove by stealth nearly 200 indigenous trees, including River Red Gums and other native vegetation  from the grounds of Kew Cottages.

One Example....
Kew Cottages Yellow Box Tree on Emerald Hill
Bracks says this Yellow Box tree must go
because he wants to build a new house ...
Do you agree ?


  • Would you keep the tree and build your house next to it ? or
  • Moonscape the block like Bracks recommends ?
The Document.
Our investigation shows that a 
Stage 1 Planning Permit Application for Native Vegetation removal appears to have been secretly lodged with the State Minister for Planning on 18th August 2006. The Minister failed to make the documents public, and failed to notify residents when he received the Application. No public notices were issued or erected on the site as required by the Act. When the Kew Cottages Coalition requested a copy of the Application the request was ignored, and we were merely informed by the Minister's Departmental spokesman that a revised application had been received and that:

 "We are about to issue a permit for Native Vegetation Removal" (31/8)

and that

"The Scheme excludes notification, hence the applications have not been advertised other than to the relevant referral authorities."

Who or what (in this particular case) the "relevant referral authorities" were, remains something of an additional mystery as the spokesman suddenly decided to go on leave for a month! However, we can now reveal that:

The Planning Permit Application:
  • Identifies over 170 Trees that the Bracks Government plans to axe in Stage 1 alone; and
  • Includes deep in the Bracks' hit list, one of the largest Yellow Box trees still standing in Melbourne, plus groups of River Red Gums, She Oaks, and Wattles, overlooking the Yarra.
Despite, or perhaps because of, the extent of the proposed Stage 1 destruction of native vegetation at Kew, the 18th August Application completely ignores the additional  threat of a 'biological bulldozer' that has been found following  the February 2006 discovery of the deadly tree fungus phytophthora on the site.

 The August 18th Permit Application then goes on to:

  • Make the extraordinary claim that the Government should delay making any decision on how to replace any of the native trees at Kew ! and
  • Recommend waiting until Bracks' new houses have actually been built before deciding on how to replace the trees...!

The latter date that will obviously be long after the trees themselves have fallen to the Bracks' axe,  long after the land they grew in has been replaced by concrete, and, surprise, surprise.....  long after  the forthcoming State Election !

The People.
So who is really behind this extraordinary Application ? And why the haste to get it approved in secret ?

Well the Permit Application documents were lodged by the Melbourne Planning Consultants, Collie Pty Ltd, who we understand represent both the Sydney based Developer Walker Corporation in this matter, and a new Sydney based company Walkers appear to have set up called the "Kew Development Corporation". Walkers in turn,  we understand now have a licence to occupy the Kew Cottages site from the owners, and have commenced some building work on the land close to Princess Street.

The owners, however,  are still, in terms of the Planning and Environment Act, the Victorian Department of Human Services, who in turn manage the land on behalf of the Bracks Government.... and the State of Victoria.

The Caretaker Bracks Government
However, with less than 80 days to go before the next election, the Bracks Government is effectively now in 'caretaker' mode.

So, in the State Election context,  these Government 'arms length antics',  and parlour games with secret Planning Permit Applications are now starting to make the situation at Kew look much more like a 'cover up' than simply a 'stuff up'.

Bracks Environment Policy
A  'slash and burn' land clearance starting with nearly 200 native trees on the banks of the Yarra is after all clearly not Government policy. So it is understandable that both the Minister for the Environment, and the Premier, would clearly like to, and should, publicly distance themselves completely from any suggestion that their Government is promoting native vegetation removal on the Yarra that is contrary to Government policy.

'Yes Minister' ?
A Permit Application that is withheld from the public always sounds like a good idea to some politicians, particularly  if they are trying to avoid public criticism before an election. A Permit Application lodged in someone else's name may sound even better to some of the slower donkeys running in the polls, particularly if they have a good 'Sir Humphrey' on hand to help ensure none of the associated documents present any tricky hurdles for them to jump - either in what they hope will be a relatively easy canter up to the forthcoming November polls, or in the much more challenging charge for the line they will need to mount if they are to secure a place in the  'Yes Minister' Victory Stakes to be held at Spring Street after Victoria's "Big Day Out".

The next Victorian State Election will be held on
25th November 2006...


Email your Objection to the Minister for Planning. 
It only takes 3 mouse clicks as follows:

Step 1. Click here to go to our Email page. Then:

Step 2. Click one check button at the top of the Email page.

Step 3. Click the Submit button at the bottom of the Email page.


That's it !

Your email will be sent, and a copy displayed on screen.

Please note that we do not transmit or store any of your personal information on our servers. If you wish to supply your email address and other details to the State Planning Minister, Rob Hulls, you should do so under separate cover eg: just copy and paste the text of the attached objection into your own email application, make any amendments or additions that you require and then  email it to rob.hulls@parliament.vic.gov.au

Thank you for your support.

Time is short....

Please Send Your Message
by
Friday 8th September 2006.



Monday  28th August 2006

Boroondara Council takes Bracks Government back to VCAT

Council is applying to VCAT this week for an enforcement order to be issued by VCAT against the State Government in particular DHS.

The purpose of the order is to confirm that the State Government has breached the planning scheme at Kew Cottages. by not getting a planning permit for the units that are underway, or for any future subdivision ie: the next building.








Thursday 10th August 2006


PLANNING BACKLASH
Your
Petition

Thanks to everyone who has already signed the Planning Backlash Petition calling for the Revocation of Melbourne2030.

Now we are asking you for 2 minutes of your time to vote again, this time with your mouse instead of your pen...

We have heard that Boroondara's recent move to update its Tree Protection Laws in line with those of other Melbourne Councils has run into stiff opposition from developers.

Our own experience at Kew Cottages illustrates just how easy it still is in 2006 for developers to cut down significant trees in Boroondara - even when those trees are located in what is supposed to be a secure  "High Risk Phytophthora Zone" on a Bracks Government controlled State Heritage Site !

Some trees at Kew Cottages recently just disappeared over night, including the 100 year old rare Bishops Pine axed on 15th June.

Our investigation shows that:

So we believe Boroondara's proposed new Tree Protection Law deserves your support. It is not perfect. But it is a start.


Your Tree Vote.

To email your support to Boroondara Council only takes 3 mouse clicks as follows:

Step 1. Click here to go to our Email page. Then:

Step 2. Click one check button at the top of the Email page.

Step 3. Click the Submit button at the bottom of the Email page.

That's it !

Your email will be sent, and a copy displayed on screen.

Thank you for your support.

Please
Submit Your Tree Vote by
11th August 2006.





Monday 10th July 2006

Melbourne Channel 10 TV News Reports

"Yarra Bend Park May Now Be Under Threat"
from
Deadly Tree Disease
at
Kew Cottages


View  Windows Media 
wmv video file (1min39s):
mp3 file




Tuesday 14th March 2006

Brian Walsh tells the ABC's 774, Jon Faine, he is astounded that the Government now claims it was unaware of the discovery of the fungus at Kew Cottages. Walsh says the Government claim is nonsense, "our information is that they have known for weeks.. " (see below)

Listen to the full Interview mp3 audio (2min 34s): mp3 file


Herald Sun 14.3.2006 p.31




Monday 13th March  2006

Brian Walsh, President, Kew Cottages Coalition  today called on the Bracks Government to immediately suspend its demolition works at Kew Cottages and quarantine the site pending a full investigation of the extent of the deadly fungus phytophthora cinnamomi found in the Cottages' grounds last month.

This is the same fungus that has wiped out many grape vines throughout South Australia and is the same fungus that has spread in the jarrah forests of Western Australia.

Infestations are permanent. There is no cure.

Mr. Walsh said our information is that without quarantining the site, the fungus  will quickly spread to other nearby trees, especially trees along  watercourses.  This could be a major disaster for the Yarra Bend National  Park as well as the many mature trees in nearby suburbs.  Our information  is that the site should be quarantined until an assessment is completed  regarding how widespread the fungus is now in the soil on the site.

Mr. Walsh said that,  "Melbourne University Senior Forest Pathologist, Mr. Ian Smith apparently undertook soil tests several weeks ago. However, the Government for some unknown reason appears to have been very slow to act when their environmental alarm bells started ringing loudly on 27th February.

"We understand that construction work on the site is continuing, without adequate and appropriate quarantine controls being implemented."


"I am told phytophthora  is the botanical equivalent of bird flu  for some Government's", Mr. Walsh said, "It kills plants and trees - but its transmitted via infested soil and water by humans, animals, and vehicles.

"Unfortunately, as with bird flu, not all Governments apparently react as quickly, as they are supposed to when phytophthora outbreaks occur.

"The Victorian Government needs to pull its proverbial 'Commonwealth Games' finger out on this one, get its act together, and set a good 'international best practice' example in how to treat phytophthora fungus outbreaks like the one in Kew.

"Because, phytophthora cinnamomi is not only a Victorian problem it is a national problem, and  an international problem, and it needs to be dealt with properly, and it needs to be dealt with immediately."

The Government, however, instead announces its approval for the Walker Corporations December 2005, Kew Cottages Development Plan, and tries to turn a blind eye to the phytophthora outbreak.

A spokesman for Minister for Planning, Rob Hulls, tells the Herald Sun, that "the Government was unaware of the discovery of the fungus but such concerns would be considered." 

(Hulls alters Kew Plan, Geraldine Mitchell, Urban Affairs Reporter, Herald Sun, p31, 14.3.6

Click Here for More  Links & Resources ..




BACKGROUND
2005


Monday 12th December 2005

Boroondara Council formally responds to the Walker Development Plan Kew October 2005. Council's submission can be downloaded via the
'City of Boroondara Submission to the Department of Sustainability and Environment - 12 December 2005' link.




Monday 5th December 2005

Boroondara Council votes unanimously to restate its opposition to the State Government acting as both the owner and the planning authority for the new housing estate that Bracks wants to build on this sensitive State Heritage site, once part of Yarra Bend Park. (More..)


``It's bad enough that Dracula is already in the blood bank  we shouldn't let him rob it as well,'' Cr Tobin said. (More..)



Monday 21st November 2005


Boroondara Council Meeting

CATCH-22
TRAFFIC JAM POSTPONES COUNCIL CONSIDERATION OF

BRACKSVILLE

The Boroondara Council Officer's Report that was originally due to be presented to Council's Urban Planning Special Committee on 10 November 2005, has

BEEN RESCHEDULED
ONCE MORE

THE REPORT IS NOW DUE TO BE PRESENTED
to the Urban Planning Special Committee Meeting to be held on
5th December  2005.



This week's  Boroondara Council UPC Meeting (21/11)  was a sellout. The gallery was overflowing with people, and it was standing room only in the corridors.

The Meeting, however, had to defer debate on the main agenda item - Kew Cottage - as Councillors had not had enough time to read the Officers Report.

Boroondara Director of Planning, Phillip Storer, advised Council that the paperwork had been held up due to the late delivery of a Traffic Engineering Report by the Sydney Developer's Consultants.

Brian Walsh, President Kew Cottages Coalition, said after the Meeting, "Residents are getting angry at the cavalier attitude that the Bracks Government continues to show to community consultation in Boroondara. 

"Bracks got into government with the rhetoric of open government and democratic process, but in Boroondara Bracks has treated the community with contempt, and thrown 'due process' out of the window.


"The Government knew that many people were going to put a lot of voluntary time and effort into coming to tonight's meeting.  And they knew that many people, besides the Coalition, would request time to address Council. and oppose the Bracks Development Plan.

"Community groups such as BRAG (Boroondara Residents Action Group) and PPL (Protectors of Public Land) both attended  and wished to address Council. They have years of local experience and expertise to offer. We've had architects, town planners, engineers, landscape and heritage experts, lawyers, doctors, and representatives from half the other professions in Melbourne all contributing literally for nothing  in order to help get a decent outcome on Kew Cottages - and what does Bracks do to encourage community debate for this 'Project of State Significance' ? 

"He plays his 'no show' card  !

"Ted Baillieu, the Shadow Minister for Planning, was there in person, but
apparently no one at all representing the Bracks Government, no one from Rob Hulls, the Planning Minister's office or his Department (DSE)... no one from Sherryl Garbutt, the Community Services Minister, or her Department (DHS)..

"No apology - nothing...

"Frankly, at face value, that does not look to me like the action of a politician who has been let down by his builders or his hired guns. That looks more like a politician who is keeping his head down.

"Indeed, that looks a lot more like a Politician who is trying very hard at the moment to make it through to Christmas without attracting any more bad publicity for his slick new $9million  pre-election TV advertising campaign ... " (more)



(Click here for Background Details)



Tuesday 25th October 2005

Bracks changes tack...
Peter Rolfe writing in The Progress Leader
Suggests
"A NEW blueprint has been drafted... (more)"

But is it just another
Bracks Sales Pitch
plus
Bucket loads of Sydney Spin .... ?


Hulls has moved to assert his authority on planning issues

"Back off, Hulls told"




Willsmere from Spring Street

Tuesday 18th October 2005

From  haven to battleground
Peter Rolfe writing in The Progress Leader
Sets the Scene for the latest
Bracks Sales Pitch

The Ground
The Players
The Game



"Yes Minister !"
Rule 1 says
79.8m
is NOT
81m

Good call on Roof Line Bowling !

Kew Cottages Coalition congratulates
Rob "The Ruler" Hulls

For fancy foot work at the Heritage crease in the Progress Leader Park.

Thanks to Rob's Heritage Eleven, the new Roof Line for Bracks five storey flats is now guaranteed to be a little lower than Bracks originally planned (11/10/05)

More.. 
(Caution: Following  JPEG files are large ie:  1-2MB Each)
See  New  RL 79.8m   Plan File
Superceeded RL 81m Plan File



Saturday 15th October 2005

Traffic Protest MusiciansPrincess/Wills St Roundabout Rally
Bracks + Sydney Developer = Traffic Chaos


Rod Quantock
MC Rod Quantock

Traffic Kaos


Speakers Include
: Phillip Storer
Phillip Storer, Dir Planning

Director of Planning, Boroondara Council (wmv Video)

Listen to Phillip Storer mp3 Audio

Andrew McIntosh, MP (Kew)
Andrew McIntosh

Wills St



Friday 14th October 2005
No Play at VCAT .
Bracks and Sydney Developer fail to deliver new plan to Boroondara Council in time for play to resume in the big game. Thousands of fans turned away in disgust from  King Street's Corporate Tents...

VCAT Hearing adjourned to 9th December 2005



Tuesday 11th October 2005
Heritage Hulls takes new high-rise plan for a spin in the Progress Leader Park

Ministerial practice appears to focus on a shorter run at the Towers end,  coupled with contrived ignorance at square leg, and bags of spin in the rough...



Wednesday 28th September 2005

The Age gets it wrong about Bracks in Kew

(According to Kew Cottages Coalition)



Tuesday 20th September 2005
Coalition calls on Bracks Government to come clean on Melbourne 2030 high-rise plans



Friday 9th September 2005
Heritage Victoria issues Conditional Permit

and requests DHS to:
"read the conditions imposed on this permit carefully."


Friday 9th Septembert 2005
DHS forced to withdraw and redraw
Dodgy Flats Plan



Tuesday 6th September 2005
Heritage Minister Hulls claims Bracks not planning high-rise at Cottages



Tuesday 30th August 2005
Dr. Cunningham Dax calls for judicial inquiry into sale of Crown land



Friday 26th August 2005
Bracks Plays Bent Bat at VCAT




Friday 12th August 2005

Bracks opts to sell Yarra skyline to
Sydney Developer (Update)


Mr. Hulls said the approval(C66) delivered on a significant part of the Brack's Government's commitment to protect the Yarra River
=-O     8/6/2005

"Yes Minister !"



Wednesday 27th July 2005

Heritage requests more facts on Bracks Flats
+


 
 

"It demonstrates that Melbourne 2030 is in action - and that it is about promoting sensible development and good urban design. Development that recognises and protects the character of this important part of Melbourne,"
:-P
Mr. Hulls said.

Media Release from the Minister for Planning, Government shores up Yarra River Protection.  8/6/2005


"Yes Minister ?"


 
 

DHS's Dodgy Answers
to
Simple Questions
Dateline: July 2005

Willsmere from Boulevard Lookout



Q
. What will the Willsmere Yarra Bend skyline look like to our children in 2030 if Bracks' Sydney Developer builds his 5 storey blocks of flats at  Kew Cottages ?

A. DHS Plan HVS7 says:

 "No impact to the Willsmere Towers Vista"
;-)

BUT.

We  say that DHS is wrong, AND that the Bracks Government knows it is wrong.

On the basis of information that has only recently come to light because of an investigation by Heritage Victoria, we believe it is now clear that the 5 storey apartment blocks the Bracks Government proposes to build immediately adjacent to the Willsmere landmark, will severely impact on the 'Willsmere Towers vista', and will set a precedent that changes Melbourne's heritage skyline forever.

In short Bracks Flats
will be a blot on the Yarra Bend  landscape.

The Government has tried hard to prevent details of the Kew plans being made public.

Firstly, the Minister for Planning 'called in the project'  in 2003 to prevent the plans being put on public exhibition.

Secondly, the Government proceeded with a secret tender process to select its 'preferred developer" in 2004.

Finally, the so called "Development Plan" that the Bracks Government gave to Boroondara Council  in June this year proved to be so vague, that it didn't even have enough basic information in it to comply with the Boroondara Planning Scheme !

The Council was so afronted, it has taken legal action to stop the Government proceeding  with the plan (more).

The Development Plan's way of dealing  with the issue of the its impact on the  'Willsmere heritage vista', was a classic example. It simply ignored the matter.
The 'Plan' shows  only 2 storey houses next to Willsmere, and it avoids showing any elevations at all for the proposed 5 storey apartment buildings on the ridgeline ! 

(Imagine how far you would get yourself if you tried to build a block of flats in your own street with plans like that !)

So,  we challenged DHS to prepare a proper 3-Dimensional computer model of the new suburb that the Bracks Government says that it now "plans" to build in the grounds of the Cottages.

DHS declined.

So what have they got to hide ?

Heritage Victoria, to its credit has now managed to force the Government to come up with some new architectural drawings and photographs in order to try and justify its Permit Application  in the face of consistent and widespread community opposition.

According to these new "architectural drawings" (see:
HVS6 ) the Government would claim our front page photo of the Willsmere Towers landmark has the following errors:

1. They would claim we have reduced the height of the Willsmere Central Tower !

2. They would claim we should paste our 'model' block of flats behind the trees they show here ! (More)

3. They would claim our 'model block' should  look a lot smaller, as is shown in their own architectural drawing cross-section  "e-e " on Plan HVS6.





Q. When is  the first construction scheduled to begin ? 

A. The Government said in 2004,

  "..Work is expected to start on site in early 2005,"

according to Minister for Community Services, Ms Sherryl Garbutt.

The Government told potential developers in March 2004 that:

"It is intended that the 20 new homes for existing residents be completed on a staged basis with progressive handover to DHS during the 9 to 12 months leading up to mid 2006, by which date all 20 houses are to be completed." (More..)





 
Q. Has  the Government put its Master Plan for the 'new suburb' on public exhibition  yet ?

A. NO.

Originally the Government simply refused to release any detailed plans at all. Now, thanks to the efforts of  Heritage Victoria, some plans and supporting documents have been released.

The  principle documents are the plans lodged by DHS in support of their  application to Heritage Victoria for a demolition permit.

The following documents are now available online:

The DHS/HLDC REPORT July 2005.
(Files sizes split to support dialup users)
 
Part 1.  Pages 1_6
Part 2.  Pages 7-14
Part 3. Pages 15-21

inc: Master  Plans:
HVS1B  Existing Conditions
HVS2B  Stages 1 &2
HVS3B Site Concept Plan
HVS4    Heritage Core Concept
HVS 5   Heritage Core Views
+ 5a & 5b pics
HVS6   Heritage Core Site Sections
HVS7   Heritage Core Views from  Outside Site
Plus  Closeups of small pics shown in plans:
HVS   6.1 & 6.2
HVS   7.0   7.1 & 7.2 & 7.3

N.B  You will probably  find the above online documents easier to understand if you have also  viewed the hardcopies available for a limited time only at Kew Library.



Q. What do you think  ?





Clues

To see if the Government is right about the Willsmere skyline, we suggest you start with an easy visit to just 2 scenic sites, both  overlooking Willsmere and Yarra Bend :

1) Our  picture camera location - the Kew  Boulevard  public lookout above the Studley Park Boathouse, close to Caritas Christi,  and Raheen;

2) The proposed Bracks Flats location which is identified in HVS6 as the tennis courts located above the intersection of Boundary Road and Oak Walk, immediately adjacent to, and overlooking the Willsmere Towers, and the Yarra Bend Park.

Or you can start by viewing the online 'evidence'  we have provided here.....


In either event,  we suggest you will find as follows:

1. The Tower Heights.

The Bracks Government is wrong regarding the height of the Willsmere Central Tower  - the one over the Front  Entrance.  

(That is the Tower they have shown here  in their architects drawing  with its pointed 'minaret' sticking up far above their apartment's 'indicative building envelope' in HVS6) .

We have not reduced the height of the Central Tower in our photograph, nor has anyone else . The simple fact it is that the small Central Tower has never been as high as it is drawn in the section e-e  of the latter Government drawing submitted to Heritage Victoria. (HVS6 shows its 'height' at 89.7m AHD -ie:  the same height as the much larger Eastern and Western Towers) . That is nonsense.

If you don't believe either our photographs or your own eyes, then here is a copy of  the drawings used by the architects who worked on the Heritage restoration of Willsmere. Their plan clearly shows how much smaller the Central 'Minaret tower'  is compared to the higher  Western (and Eastern Towers.)  So for the Government to claim, as they do now with their HVS6,  Kew Cottages Masterplan Drawing  (Prepared by dKO Architecture P/L, July 2005), that their apartment block will be 'dwarfed' by the small Central Tower is a total nonsense.

In fact it appears that Bracks flats will, if they are ever built, probably end up being about the same height above the skyline (~81m AHD) as the Central Tower,  because ground level at the Cottages tennis courts (64m) 
is around 6 metres higher than Willsmere's ground level (58m).

So you can draw your own horizontal line across the top of  Central Tower if you want to visualize the real height of the Bracks flats...

BUT the tennis court block shown on the plan is also 2-3 times bigger than any other apartment block shown, so the relative scale  of the concrete and glass flats compared to the Willsmere towers will have a very significant impact.

Indeed, we believe the shear bulk and scale of the new apartment building will very likely dwarf the iconic Melbourne landmark.

2. The Tree Heights.

The Government is also wrong about the level of screening provided by the trees in front (south) of  their proposed apartment because the ground 'in front of' the 'tennis court' apartment is in fact not flat as shown in  their Plans HVS6 and HVS3B,  but a steep hillside ! The contours on both the latter plans are simply wrong.  The lack of relevant tree cover east of the towers is clearly shown on the right hand side of our view from Spring Street  here.

The ground in front of the tennis courts slopes down to 'Oak Walk' as correctly shown by the contours on the "Existing Conditions" Plan HVS1B. Most of the the trees are therefore, at the bottom of the hill, and thus prevented from screening the proposed apartment block on the top of the hill behind them.

3. The Skyline.

It's all a matter of perspective... and making sure the assumptions and raw data are correct.

The Government has all the data on heights, hills , and heritage buildings, but now it appears that they have started fudging the figures they give here that impact on the Yarra Bend skyline.

Even the Government's own photograph contradicts the perspective shown in their "Section e-e" architectural drawing.

According to the photo their 'tennis court located apartment block' will be
south of (ie: in front of) the Willsmere Central Tower.

But the architectural drawing shows the block
to the north of (ie: set back  behind) the Central Tower.

Such a setback, if true, would mean the block would look somewhat smaller than shown in our own 'mock up' photo.

But it would mean their own photograph is also wrong.

So which one is correct ?
 
The Concept Plan
HVS3B  provided by DHS,  supports their photograph and contradicts their HVS6 drawing.

On balance then,  the Government's  'indicative building envelope' drawing,  shown on the tennis court in Plan HVS6  is misleading with regard to both perspective, and height details, and it cannot be relied upon to
either  discredit our impact assessment on the neighbouring Willsmere Heritage site, or to support the Government's Permit application.

The contours  covering the tennis courts and Oak Walk area on their HVS3B Concept Plan are also not only wrong, but extremely misleading because they significantly understate the impact of the proposed apartments on the neighbouring Willsmere Heritage site and on the Yarra Bend skyline of both these two historic properties.


4. Our Conclusion.


 All of the above 'errors' in the Government's Permit Application  - the Willsmere Central Tower height is wrong, the tree heights are wrong, the Oak Walk contours are wrong, their architectural drawing is wrong - are major errors, and must be corrected before their Cottages' Demolition Application is dealt with by Heritage Victoria.

The contour errors in the Application, on the Cottages side of Boundary Road are further compounded by the fact that DHS Plans HVS1B and HVS3B both FAIL TO SHOW ANY CONTOUR INFORMATION  WHATSOEVER for the critical southern (Main Entrance) end of the adjoining Willsmere Heritage site on the other side of Boundary Road.

This obscures the fact that the proposed 5 storey tennis court apartment block could actually be of an equivalent height to a 7 or 8 storey block if it was instead being built within a stones throw, of the tennis courts, just on the other side of Boundary Road, within  Willsmere itself.

The latter error appears to be a quite deliberate omission on this critical Willsmere heritage boundary, because contour data has not been restricted in this manner on the other Cottages boundaries shown on HVS1B (eg: The Main Drive  southern boundary with Wills Street properties.)

In our submission, therefore, Heritage Victoria should reject all three of DHS's 'revised' Plans HVS1B,  HVS3B and HVS6 Plans presented by DHS, and request that they be redrawn and re-submitted to Heritage Victoria's satisfaction before they can be considered further.

At that time, with accurate data, and some agreement on the many  assumptions that still surround the Bracks Flats issues, then we might know where to actually pin Bracks Flats on our vista of the Willsmere Towers skyline...

The alternative is we tell our kids when they ask who was responsible ....

"It was like that game you play, 'Pin the Tail of the Donkey': the only trouble was that the kid that they let stick his pin in on the hillside above Willsmere was a bit of a Donkey too .. "






5. Your Verdict ?


Are these "mistakes" in the Permit Application by the Bracks Government significant ?

Yes, in our view , extremely significant, and given the sensitivity of this iconic landmark heritage site, all the more extraordinary..

Together the 'mistakes' and 'errors' if that is really what they really are, serve to give a totally misleading and mischevious view of  the likely impact of 'Bracks Flats'  on the adjacent Willsmere Heritage site, and the Yarra Bend skyline.

The Government say that their proposed apartment blocks will be screened from view, but we say their own documents suggest otherwise.

In fact the nature and extent of the errors in the application documents strongly suggest to us that it is the 'truth' that the Government is now trying to screen, not the apartment blocks.


We believe, that  if these flats are built, then historic public views of not only the Willsmere Heritage site, but also the Yarra skyline as a whole will be radically changed forever.

That situation will be irreversible.


Is our own  'indicative' picture totally correct then ?

No. Only the Government and Walker Corporation have all the details necessary to produce completely accurate plans, photographs, and three-dimensional models of what they really propose to build. But they have so far consistently refused to do so.

We recommend, therefore, you give Bracks Flats a big 'thumbs down' !

In the meantime....

We do know one more 'fact'  about 'Bracks Flats' those who have played the game this far will be interested in...


The Bracks Government actually propose to build
NOT JUST ONE BLOCK OF FLATS on the Yarra Bend skyline - as shown in our picture - BUT THREE !

Each of the three 5 storey blocks will apparently be MUCH LONGER and WIDER than the one shown in our picture...

(See:  The  3 largest apartment locations as drawn in the SW corner of  the grounds on the "Site Concept Plan' HVS3B).

They appear to up to three times as large as each of the eleven other apartments shown on that Plan.)



6. Email your Verdict to:




 

Judgement Day...

9th September 2005

View the Verdict



ENotices: .

Heritage Background Information.


Tuesday 23rd November 2004

Victorian 
Heritage Council 
Approves Listing
for 
Kew Cottages 
(More..)

Kew Cottages Coalition Media Release  Nov 2004
(More..)
 
 
 

Current and Historical views of Kew Cottages and Grounds 
(Pictures..)


 



The story so far....





Listen to
ABC Stephen Mayne's

Heritage story about 

the Bracks Government's 'preferred developer'

Sydney Billionaire
Mr. Lang Walker

Monday 6th June 2005

(More..)

MP3 Audio:  use WinAmp on a PC, or Quicktime or similar on a Macintosh  to listen in real time. Otherwise, eg: if you have a slow dialup connection,  download the file first (~1MB), and then use any MP3 player to listen.) 

 Other Links

Newsletter  (June'05) (pdf file format)









 
 
 



 
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  1. Every effort is made to ensure the accuracy of the electronic information presented on this site. However, Kew Cottages Coalition accepts no responsibility for any loss occasioned to any person acting or refraining from action as a result of the material presented in this service.

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