CHARACTER FAILURE

HINDMARSH 'CHARACTER & HERITAGE' ZONES FAIL -

COUNCIL PLANNERS CALL FOR ACTION.

March 2013 Brompton.

City of Charles Sturt Planning Department's ”STRATEGIC DIRECTIONS REPORT“ has recommended that a major portion of the residential character and heritage zones in Bowden Brompton be delisted. The areas indicated by the report are as follows:

Let us face facts, fellow residents! Our heritage items are so old they no longer 
represent current – let alone future – circumstances! And before anyone has the cheek to suggest otherwise, I will allow no blame laid at the feet of the professional Charles Sturt Council staff for the rapid percentage rise of non-conforming buildings in our area. Nor indeed, should blame be cast on the ALP which has run the Council since 2002. They have worked fruitfully with the Council planners

We need to shoulder the blame ourselves for these zone failures. Be honest – have we managed to be vibrant and edgey place-makers in our urban setting? Looking at the restored workmen's cottages, one sees only the non-performing and lazy capital investments of the '80s. No, the failure of the residential character zones is a direct result of our own character faults. How could we expect that a few mosaic pots and stobie pole paintings could protect us from the future?

The Council will recommend high density mixed use zones as the only effective way to prevent “resident sabotage” of a vibrant future town. I for one just hope that the zone failure does not spread to other areas. It may only be a matter of time....

resident X

HINDMARASH WARD ELECTION 2010

The accompanying  flyer provides the real election leaflet for  Hindmarsh Ward this year.
Candidates may proclaim this or that policy, but it is the property boom that is relentlessly reshaping Hindmarsh, and therefore setting the tasks facing the incoming  Council.
Some observers say that Australian housing prices are 40% over value – and while prices are now trending down interstate, here in South Australia some “hot-spot” suburbs have recorded  percentage rises of double digit levels for 2009-10.
This is a result of capital movements which bear no relationship to the historical norm – bank mortgage finance at 5% - 6%pa. The present asset price bubble is fuelled by speculative capital flows from overseas sources, short term investments by superannuation funds in property trusts, and small scale individual speculation by local property owners. Characteristically, the bubble is justified by a pernicious circular logic in which asset price rises are assumed to constitute an adequate – or even necessary - basis for further rises.
The following chart is drawn from ABS tables. It clearly demonstrates the result of the late eighties asset price bubble on housing construction  in South Australia– that investment is in effect “brought forward” by such booms, and this brought forward investment is at the expense of future investment levels

Housing costs now however are now at a high of six to seven times annual household income. The “Australian dream” is now only possible for a majority of Australians if wage income is supplemented with returns from credit based property speculation, whether real or as “on paper” profits. In the area this reliance is displayed by the churn factor, as one half of residents of the Federal electorate have been residing in the same house for less than 5 years.
  
 
“BUILDING WEALTH”..DRAWING IN FRESH LAYERS OF PUNTERS investors .
At the urging of the Property Council, major development consortia, and the monopoly media both the Charles Sturt Council and the State Government  have been tireless in facilitating the bubble. The Council plans to change zone provisions throughout the ward, with the intention of relaxing impediments to property development. The State Government is about to launch high density growth centres at Bowden and further “Transport Oriented Developments” along the Port Adelaide railway line. As the local MP Mick Atkinson points out, the majority of units in the Bowden TOD will be affordable by the upper income bracket latte set only

indicative plan from Charles Sturt CEO Mark Withers showing TOD extent (blue circles)

While there are compelling reasons for increasing densities in the area, to implement this riding on a wave of speculative frenzy is imprudent. Council could turn its attention to providing affordable rental housing as is the case in the UK – if the electors so decide.

updated 24/07- SUPREME COURT CASE: SCCIV-10-874

The Charles Sturt Council sponsored inquiry into the Ombudsman is set to kick off on September 1st this year. (hat-tip MICHELLE ETHERIDGE at the Messenger)

Council has directed its legal team to proceed with an appeal should the matter not be dealt with in a satisfactory manner.


Possible restriction to Councils’  ability to Appeal.

Recent changes to the Local Government Act, which direct Councils to enter into a caretaker mode after the close of nominations for the regular council election, may limit the window of opportunity for an appeal against an adverse finding in this Supreme Court case.

The Act bans Council from making decisions during the Caretaker period which, among other things, allow

“…a particular candidate or group of candidates to use council resources to their advantage.”

A decision to appeal a judicial finding relating to the Ombudsmans’ investigation into Charles Sturt Councillors, if it were taken by the Council during the caretaker period,  could be argued as benefiting one group of candidates - that is,  those candidates who were recontesting their positions.


POLICY REVIEW – LEGAL ADVICE

Charles Sturt Council will consider at its meeting Monday, 26/07/2010, the recommendation of the Policy Review Committee in relation to”Council Member Legal Advice Policy”. This policy contains information  pertinent to the Ombudsman affair. Item 3.30 page 103 Appendix A continued, states:


Section 39 of the LG Act describes the level of legal protection afforded to Council members, viz:


(1) No civil liability attaches to a member of a council for an honest act or omission in the exercise, performance or discharge, of the member’s, or the council’s powers, functions or duties under tis or other Acts.
(2) A liability that would, but for this section, attach to a member of a council attaches instead to the council

It could be argued that the Ombudsmans inquiry by itself would not give rise to any civil liability on the part of individual Councilors.


The recommended policy goes on to say:


4. Policy


Council members will, in accordance with this policy, be provided access to legal advice. This will generally be facilitated by the Chief  Executive in his normal administrative role. The Chief Executive may delegate this authority and responsibility, in accordance with this policy, to other Council officers.


Where legal advice has been sought in relation to a matter that is relevant to the performance or discharge of Council’s role, function and objectives, members will be provided access to the full text of the legal advice

Council in its in camera  resolution of the 15th June,( Page 19.  CL Minutes 15/06/10)
determined to:

(b)  require  the  Ombudsman  to  permit  those  the  subject  of  his
interviews to have legal representation at the interview and to
provide transcript to them of that interview

The question could be asked as to whether these requirements for legal aid are intended to be paid for by the Council, should the need arise.

Reformed Character Zones

The City of Charles Sturt residents who live in a heritage  or residential character zone should take the first possible opportunity to download the Councils Heritage Fact Sheet “Why is Heritage Important”. It’s a good read, and may well be of historical interest, if Councils plan for rezoning a large slice of Charles Sturt residential suburbs goes as planned

(extract from Councils Heritage Fact Sheet)

The soon to be released “Residential Growth Strategy” Development Amendment Plan is intended to reduce the impact of Residential Character and Heritage Zones on further infill development in the corridor between Torrens and Port Roads, Park Terrace  to Woodville Road.

 Charles Sturt CEO Mark Withers confirmed to Hindmarsh Issues Friday night at the Greening Hindmarsh launch that the focus group scoping study for the rezoning is well under way, and the project is on track to be completed as per the Council timeframe:

  

Editor - explanatory note:

“community engagement” means focus group research

“Review residential design standards”  means rewrite

Development Plan Policy statements     

http://www.charlessturt.sa.gov.au/webdata/resources/files/Charles_Sturt_Local_Heritage_Fact_Sheet.pdf