New material added 1 August 2016 - Rhymes for the Times
Community Service Announcement 310716
Question: When is an oversized shed no longer oversized? Answer: when the Shire of York planner gets leaned on…
Community Service Announcement 310716
LOST BUDGIE
Has anybody seen BUNDY, who flew away from his home at
70 Newcastle Street on Friday morning 29 July?
Bundy is light blue in colour. He is very friendly. He talks, and answers to his name.
His owner, Joy, is heartbroken.
So please, if you see him, contact Joy on 0419 360 639
or 9641 2591.
Question: When is an oversized shed no longer oversized? Answer: when the Shire of York planner gets leaned on…
York trends back to the
future, with Crs Smythe and Randell pointing the way
In my previous article, I mentioned the
surprising show of support from Cr Smythe—and the much less surprising show of
support from Cr Randell—for the construction of an oversized shed in Lewis
Road.
Well, I’m no longer surprised. Since I put fingers to keyboard on the
matter, several indignant residents of our fair shire have told me that those
two upstanding representatives of the community are also longstanding friends
of the applicants, bearers of an old ‘established’ York name.
From the outset, I want to make clear that
nothing I say here is intended to reflect on the applicants. They’ve done nothing wrong. They’re not elected officials,
holding positions of trust.
They’re entitled to make any planning application they wish, no matter
how far outside policy limits it may fall.
It’s up to Council, not applicants for
planning approval, to safeguard the public interest.
No, fault and blame rest solely and
squarely with the councillors mentioned, who appear to have adopted in this
instance the dubious view that the interests of their friends should take
precedence over the public interest, as expressed in policy, whenever those public
and private interests conflict.
Cronyism
I think the correct term for such behaviour
is ‘cronyism’. Even if it involves
no greasing of palms—it usually doesn’t, and and I’m sure it didn’t on this
occasion—it is still, in my opinion, a form of corruption likely to involve the
transfer from applicant to councillor of intangible benefits like gratitude,
admiration, consolidation of mutual affection and promises of electoral
support.
We’ve seen more than our fair share of cronyism
in York. Some of us may have
naively believed that with the election last year of a new council, cronyism
would fade out of the picture. Sorry,
folks, Ashworth Road was just the beginning.
Readers will remember that at its ordinary
meeting in May, Council wisely accepted the officer’s recommendation to reject
the Lewis Road application. It did so because according to the shire
senior planner—who produced the recommendation—the dimensions of the proposed
outbuilding were inconsistent with the rural residential provisions of Town
Planning Scheme No. 2, and because to approve it would set ‘an undesirable
precedent’.
In her admirably detailed report, the
senior planner provided a tabulated summary of how far the proposed shed varied
in size from what policy allows.
Her argument for rejecting the application was clear, cogent and
convincing, precisely what one would expect from a qualified and experienced
shire official.
As I indicated in my previous article, the proposed
shed wasn’t just a little bit oversize.
It was bloody enormous.
However, the planner noted that a suitable reduction in the size of the
shed so that it no longer appeared ‘bulky and out of scale’ could result in a
happier outcome for the applicants, and she invited them to discuss possible
changes with the Shire.
Sure enough, the applicants re-applied,
presumably after sharing tea and bickies with Shire officials and perhaps a
councillor or two. And guess
what? This time, the officer’s
recommendation, included in the agenda for tomorrow’s Council meeting, is for
Council to give conditional approval.
Let’s see if we can find out why.
But first, we need to have a closer look at
relevant aspects of policy relating to sheds in the rural residential zone.
Variations
According to policy, the prescribed maximum
wall height for a shed in the rural residential zone is 3m, with a permissible
variation of 5% to 3.15m. The
prescribed ridge height is 4.2m, again with a permissible variation of 5% to
4.41m.
For a property of the size of the one in
question (1171m2), the floor area is limited to 200m2,
again with a permissible variation of 5% to 210m2. That’s also the prescribed cumulative
floor area of outbuildings on such a property, so if your shed has a floor area
of 210m2, that, one might suppose, would be the only outbuilding you
can have.
The prescribed side setback from boundary
is 10m.
The ‘revised proposal’—really a new
application—coming before Council tomorrow is for a shed of the following dimensions: wall height, 3.5m; ridge height, 4.56m;
floor area, 200m2; floor area cumulative with existing outbuildings,
312m2; side setback, 5m.
These dimensions reflect, respectively, a variation
in policy (allowing for permissible variations) of 0.35m in wall height; 0.21m
in ridge height; none in floor area of the proposed shed, but a massive 102m2
when existing outbuildings are taken into account; and 5m in side setback.
In rounded terms, this amounts to
variations of 12% in wall height, 10% in ridge height, 67% in cumulative floor
area, and 50% in side setback. The
height variations may be deemed relatively inconsiderable. The cumulative floor area and side
setback variations may not.
Trashing policy
In her report on the ‘revised proposal’, the
senior planner states: ‘It is
considered that the reduction in height and area has reduced the scale of the
outbuilding to a size which, with implementation of appropriate conditions will
not appear out of character in the locality, maintains amenity and will not set an undesirable precedent…’
(Emphasis added.) Regarding that
last point, I beg to differ, for reasons set out in my previous article.
By the same token, I differ also with her
conclusion that her recommendation ‘will not result in any policy implications
for the Shire’. How can it fail to
have that result? Existing policy
permitted specific variations of 5%. Going beyond those variations amounts, frankly, to
trashing the policy.
So what’s going on?
It isn’t easy to determine what’s revolving
in the bureaucratic mind as it weaves deftly towards a decision or
recommendation. Time-honoured
locutions like the ubiquitous impersonal passive construction ‘it is
considered’ give the impression that what is being delivered is of oracular
rather than human origin, and not to be laid at the door of any breathing
person in particular.
But in this case, rightly or wrongly, I
sense unease, a clutching at straws, an ethical tremor, a quiver of professional
trepidation—and I have sufficient regard for the senior planner’s capacities to
hope that what I sense is really there.
I don’t actually know if she was ‘leaned
on’, or by whom, to produce this current lamentable recommendation. But whatever the truth of the
matter may be, something is amiss.
Will Council accept the new
recommendation? I expect so. Will it do so unanimously? I hope not. My guess is that Crs Saint and Walters will vote against
it. Will Cr Ferro vote against
it? I rather doubt it, but I hope
I’m wrong.
Some final questions
Finally—I suggested earlier that this
so-called ‘revised proposal’ is really a new application. Was it treated as such? If so, were the applicants required to
pay a new set of fees? And shouldn’t
neighbouring landowners have been consulted again, as the planning application
process requires?
If the proposal isn’t to be regarded as a
new application, then Council will have to revoke its decision of 23 May
2016. Has enough time elapsed for
that?
Grossly oversized shed, Canberra |
A nasty story
On Saturday morning, as I wandered along
Avon Terrace on my way to our friendly IGA, my attention was caught by the
sight of a mature—but by no means elderly—couple holding placards demanding
their money back from a local businessman whom of course for legal reasons I
won’t name.
I accosted them near Settlers’ Courtyard
and asked them what the placards were about. They told me that the person named on the placard had signed
an agreement to borrow $45,000 from them, but had repaid only $11,000 and was
dragging his heels regarding the rest, payment of which is now very much
overdue.
Who would have guessed that something like
that could ever happen in York? I
was quite shaken by what they told me.
I’ve had no independent confirmation of
their story, but I’m curious to know more. If you have some information to share, I’d be happy to
publish it on the blog. No names,
though, or identifying details—sensibly, I’m taking my cue from the Shire’s
decision to withhold the Fraud Squad’s report.
This evening, I attended the July meeting of the Shire of York Council. Naturally, my main reason for being there was to witness the debate and vote concerning the matter of the oversized shed.
Cr Randell moved to accept the officer’s recommendation. Yes, he said, the proposal didn’t conform to policy, but what the heck, let’s live dangerously, the applicants had reduced the size of the shed, and the planner had done an excellent job in helping them bring the building down to a more or less acceptable size, and look, the property abuts the agricultural zone, and anyway, bugger the policy, this is the country, we have to be flexible, let’s show some flexibility and wave this one through.
I’m paraphrasing, of course. I may have inadvertently added a word here and there to enliven the style and substance of his discourse.
POSTSCRIPT: And the word of the month
is…FLEXIBILITY!
This evening, I attended the July meeting of the Shire of York Council. Naturally, my main reason for being there was to witness the debate and vote concerning the matter of the oversized shed.
Cr Randell moved to accept the officer’s recommendation. Yes, he said, the proposal didn’t conform to policy, but what the heck, let’s live dangerously, the applicants had reduced the size of the shed, and the planner had done an excellent job in helping them bring the building down to a more or less acceptable size, and look, the property abuts the agricultural zone, and anyway, bugger the policy, this is the country, we have to be flexible, let’s show some flexibility and wave this one through.
I’m paraphrasing, of course. I may have inadvertently added a word here and there to enliven the style and substance of his discourse.
He forgot to trot out his trademark line,
namely, that the applicants are friends of his and belong to an old York
family. I felt cheated, to put it
mildly.
Cr Smythe seconded Cr Randell’s
motion. She added nothing to Cr
Randell’s argument, instead repeating his mantra that this being the country,
Council should be flexible and let the applicants build their oversized shed. She, too, forgot to mention that she and the applicants are friends.
I suppose that when you’re busy being
flexible, it doesn’t matter a toss that a few disrespectful miscreants might
construe ‘flexibility’ in this instance as another word for doing favours for
your mates.
Cr Ferro, confirming my suspicion that she
has completely lost sight of why many of us voted her on to Council, spoke briefly
in support of the motion. And yes,
she too mentioned the need for Council to be flexible because this is the
country.
It doesn’t seem so long ago that she dipped
out on flexibility when she applied for permission to run more than the
prescribed number of horses on her property.
Better luck next time, Councillor. No doubt unintentionally, you’ve set
yourself up for a quid pro quo.
Crs Saint and Walters opposed the motion,
both arguing in effect that Shire policies exist to preserve the interests of
the whole community, not to provide councillors with the scope and opportunity
to create exceptions. Cr Walters pointed out that if policy proves to be
unworkable, the answer is to revise the policy, not to disregard it.
Alas, their words fell uncomprehended on
deaf ears. The motion was carried 5-2.
Welcome back, the good old days of cronyism
triumphant. Beneath the surface of
life in York, not much seems to have changed.
POETRY CORNER
Rhymes for the Times
Early
and late, early and late,
Big
sheds sprang up on the York Estate:
Buildings
as tall as the Taj Mahal
Permitted
as favours to this or that pal,
Sheds
wide as a prairie, sheds pricking the sky,
All done
with approval—not one on the sly!
Some residents wondered, how came this to
pass?
Surely rogues from the old days were put
out to grass?
Well, no, not exactly. Not as you might wish.
Some things might still happen that stink
like stale fish.
All councillors differ in means and in
ends:
Some do the right thing, others favour
their friends.
It’s easy to see which way each of them
tends.
So, the deed now is done, but some
questions remain:
Pray tell us what happened to Councillor
Jane?
And President Braveheart—what led him to
stray
From the straight, narrow path into Cronyhelp
Way?
I saw no surprises from Councillor Denese—
She had old friends to favour, to flatter
and please—
While Councillor Pam, cards held close to
her chest,
Having nothing to say, tagged along with
the rest.
So did they all flunk on the probity test?
The plebs looking on seemed much less than
impressed.
Councillors Heather and Trish, as we’ve
come to expect,
Spoke up for the truth—they were fair and
correct—
But truly to tell you, they argued in vain.
That’s what comes on York’s council of
having a brain.
Young Councillor Trev was the star of the
show.
He pointed the way for the others to go.
He reminded us all that York’s in the countree,
Which means that the Council must ‘flexible’
be,
Yes, flexible, flexible, that was the word—
What, stick to the policy? Don’t be absurd!
Now, I have to confess to once looking
askance
At Trev in his role as York’s Lord of the
Rants;
He might well have exclaimed, in a voice
loud and rude,
“We’re shedding our principles!!!!! Go and
get screwed!!!!!
Your grumblings and gripes get us old
Yorkies down!!!!!
So button your lips, or be run out of
town!!!!!”
But he didn’t. Then let me give praise where I should.
He’s a very nice fellow—just misunderstood.
(From Song
of the Sheds, by Polly Amory)