Carol Altmann – The Terrier

Lyndoch Living can be a mind-bender, it really can.

Take, for example, the fact that Lyndoch will appeal the refusal of a permit for its big corporate sign.

Lyndoch has decided to challenge the decision by the Warrnambool City Council through VCAT.

This, you may recall, is the corporate sign that was installed just over a year ago by Lyndoch without a permit because it didn’t apply for one.

It then applied retrospectively for a permit in a classic “do it, then ask later” manoeuvre, but it was rejected by the WCC because the sign is too large under planning laws.

End of story? No way!

So now more aged care funds will be spent by Lyndoch on nurses, oops, lawyers to appeal a sign that was erected illegally in the first place.

And here is the mind-bending, “this-could-only-happen-in-Warrnambool” part:

Lyndoch is fighting a decision made by the staff of one of the board members of Lyndoch.

Andrew Paton, as we know, is a board member of Lyndoch and the Director of City Growth at WCC.

Mr Paton’s staff, who I assume he trusts to know the law, made the decision to reject this sign.

But Lyndoch is now spending aged care funds to fight that decision.

And the council – which employs Mr Paton – will spend ratepayers’ funds, in a roundabout way, defending that decision.

My head hurts.

My head also hurts, and perhaps yours does too, when I see the barrage of public relations pouring out of Lyndoch on its Facebook page at the moment without so much as a whiff of an update on how it’s dealing with its multiple challenges.

Last Tuesday, for example, there was a pile of happy snaps from the “grand opening” of new works at May Noonan Hostel in Terang.

It was all speeches and smiles, but not a word about May Noonan in July failing seven out of the eight national aged care standards – or almost half of the 42 benchmarks –  and the 19 specific areas it must address to avoid sanctions.

There was not a peep of an update on how the squad that has finally been assembled to help with May Noonan is actually performing.

Nothing to see here folks! Pass the microphone!

And on this same day that the Lyndoch CEO and Chair were celebrating the new furnishings at May Noonan, the Lyndoch nursing home (Lake Lodge and Audrey Prider Centre), had one of its worst days for staff shortages – about half of the staff required.

It was, I am reliably informed, a nightmare.

Some Registered Nurses at Lyndoch are now working nine to 12 hour shifts to help try and cover the shortages.

This, as we know, is a direct consequence of a culture that has taken root and eroded Lyndoch and left so many good staff on the scrapheap, wondering what they did wrong and why – after decades of service – they are being made to carry the can.

We know it, we read it, we hear it and we feel sick about it and I feel even sicker when I see the pap now streaming out of Lyndoch which is designed to cheer everyone up – as all good propaganda is designed to do –  but doesn’t fix anything.

What will fix it and turn Lyndoch around are serious interrogations by the authorities with the power to act, such as WorkSafe, which as of last week is now involved because of serious concerns around staff fatigue.

The Annual General Meeting this Tuesday is an opportunity for some truths.

We have lodged our 31 questions; let’s see if we get even a single answer.

Carol Altmann – The Terrier

Update: A $30,000 corporate sign installed at Lyndoch Living last year has been denied a permit by the Warrnambool City Council planning unit.

The 5m-long sign was installed on the side of the new Swinton Wing last November without a permit.

A permit was lodged retrospectively in December by consultants, Fastnet, on behalf of Lyndoch Living.

Several objections* were lodged in January on a number of grounds, including that the sign was double the 3sq/m area size permitted under planning laws for what is classified as a “sensitive” residential zone.

After nine months of back and forth with Fastnet, the WCC planning team has now rejected the sign on the grounds of its size.

The sign was also originally illuminated at night, until that was found to be flat out illegal under planning laws.

Lyndoch Living now has 60 days to appeal the decision to VCAT.

If there is no appeal, the sign must be removed.

*As an East Warrnambool resident, I was among the objectors.

Carol Altmann – The Terrier

What does an illegal sign, a half-built tavern and being woken by trucks at 6.30am on a weekend all have in common?

They are shining examples of the failings of planning laws that are supposed to help protect the rights of Warrnambool residents.

I am sure you have examples of your own, but let me pick out three, including two I know well, because they stem from my own neighbourhood.

The first is a textbook case of “just do it, and ask later”.

It’s the 5m-long, illuminated sign that was installed on the side of Lyndoch Living last November without a permit.

You know the one – Lyndoch didn’t bother to apply for a permit, perhaps thinking nobody would notice, even when it was switched on at night.

Such an illuminated sign is illegal in a residential area, so after complaints to the Warrnambool City Council, it was switched off.

The sign, however, is still there.

It’s still awaiting a decision on a permit lodged belatedly in December.

That was nine months ago*.

“The non-compliant sign remains an open enforcement matter which Council continues to work on,” is how the WCC spokesman put it.

Why hasn’t it been taken down in the meantime? Nobody from the council staff can tell me.

And what have been the consequences for Lyndoch acting without a permit in the first place? Zero.

Just as the penalty for Lyndoch digging a road through a public reserve was zero.

And just as the penalty for Lyndoch failing to apply the parking and traffic plan for its medical hub was zero.

Laws, schmaws. Who cares? Move aside.

All of this has unfolded at Lyndoch while WCC director Andrew Paton sits on its board and former councillor Sue Cassidy is chair. Have they not noticed?

The latest battle for residents around Lyndoch is construction noise from the new medical clinic.

At least five times in the past seven weeks, nearby residents – including a 90 year old widow and a frontline shift worker  – have been woken by noise before 7am weekdays and 9am on Saturday.

This is against the noise laws.

The council, which enforces these laws, has been alerted and has in turn alerted the construction company, Nicholson, but still the breaches go on, including this morning.

Consequences so far? Nothing.

A spokesman for Nicholson said this afternoon that it “places the utmost importance in complying with all regulations including EPA and local Government.”

“We would like to re-assure all residents on Hopkins Road that (we)  take any and all complaints very seriously and would encourage any residents with concerns to engage in direct dialogue with us.

“Nicholson Construction will be contacting neighbouring residents in the coming days….”.

Let’s shimmy across to north Warrnambool and the running sore of the Northpoint tavern/hotel on Hayley Drive which has been unfinished for 15 years.

Fifteen years – is this a record?

This half-built project has been through four councils and is about to ask for yet another extension from a fifth.

Any consequences or penalties after 15 years?

Zero.

What a complete failure of planning laws and what a complete failure to protect residents from a half-built eyesore.

Meanwhile, the average Warrnamboolian is cut no such slack for breaking the rules.

Imagine any of us trying the same arguments as above to avoid, say, an $80 parking fine:

You: “Sorry, I forgot I need to pay for parking.”

Local laws: “Okay. No problem.”

You: “Oops! I need a bit more time. Just another hour and I am on to it, promise”.

Local laws: “No stress. Chill!”

You: “Actually, something has come up, do you mind if I park my car here all day and sort it out tomorrow?”

Local laws: “Great idea. See you then!”

In your dreams.

* I was co-signatory to an objection to this sign in January. In the interests of full disclosure, you can read the objection here.

Carol Altmann – The Terrier

Look closely, this is the slow ruination of a public reserve by Lyndoch Living through ongoing, illegal parking with impunity.

They are photos of Scoborio Reserve, a public reserve on the north side of Lyndoch and the original site of the Warrnambool botanic gardens.

It is named in honour of a head gardener, Charles Scoborio.

It’s a place where a few remnant scraps of native vegetation cling to what used to be a rich habitat along the banks of the Hopkins River as part of the Peek Whurrong lands.

Yellow-crested black cockatoos, pink-chested galahs and nesting magpies still like to hang out there.

And now, bit by bit, it’s being lost to the expansion of Lyndoch.

Lyndoch is turning the eastern end into an unofficial staff car park because it has failed to ever provide enough staff and visitor parking on its own land.

The reserve is becoming a mud bath.

What was once a handful of cars has grown to 30 or more a day.

That’s because the opening of a mini medical clinic at Lyndoch and demolition work for the $22 million medical clinic has pushed scarce parking on site to breaking point.

Lyndoch has even had the gall to direct staff – in writing – to park on land that it doesn’t own because it couldn’t be bothered to find its own solution.

And what have the WCC officers done about it?

They haven’t, as you might expect, told Lyndoch to stop.

In fact they haven’t moved one inch to protect the reserve from this illegal activity.

No, what they have done is actually far worse than doing nothing: they are looking at ways to let it go on.

The council officers – NOT the elected councillors* – are busily working to solve a problem that is not their problem and are offering up a piece of public land in the process.

In other words, if Lyndoch breaks the law, the council doesn’t fine them, but bends to them.

What a disgrace.

I wish I could say this was a one off.

You may recall the large corporate sign that was installed on the side of Lyndoch last November without a council permit.

Seven months on, the permit application (lodged after The Terrier story) is still being processed.

The illegal sign is still there.

Lyndoch is also, as we speak, committing an offence under the State Planning and Environment Act by ignoring the permit conditions for its mini medical clinic.

Part of the permit issued by council staff (NOT councillors*) included a clear traffic and parking plan.

This plan has been completely ignored by Lyndoch ever since the clinic opened on 4 April.

Has anything happened as a consequence? Was the clinic forced to close immediately?

No, of course not.

And here comes the pub test.

All of these breaches are happening while the WCC chief of planning, Andrew Paton, sits on the Lyndoch board.

He is also a director of the Warrnambool Medical Clinic, a commercial, private company owned by Lyndoch that is driving the $22m project.

Former WCC Acting CEO and community services manager Vikki King is also deputy chair of a board chaired by the Lyndoch CEO and managed by Lyndoch.

How is it okay for senior council managers  – a chief planner and a former Acting CEO no less – to be anywhere near an organisation that requires multiple council approvals* as part of its expansion?

(You might also recall the secret talks between Lyndoch and the WCC about 18 months ago to sell off part of Scoborio for a childcare centre before exposure by The Terrier cut that off at the pass.)

The WCC says Mr Paton has declared a conflict of interest in all planning and applications from Lyndoch* and has not been involved in any decisions.

And Mr Paton, for his part, told me both positions he holds with Lyndoch are, “to date”, voluntary.

I have no doubt Mr Paton has acted with integrity, but that is not the point.

The question is, why would he put himself in that position in the first place and why would the WCC allow it?

If Mr Paton was a board member of a building company that was rolling out $100m worth of housing on Hopkins Rd hill, eyebrows would be up.

Why is it not the case here as Lyndoch rolls out a $100m masterplan*?

This is precisely the “wheels within wheels”, “who-you-know” rubbish that the people of Warrnambool are sick of.

We are all tired of doing the right thing – applying for permits, parking within the lines, paying our fines – while others sail past in the express lane of exemption and ruin public property in the process.

Insiders and outsiders.

As I wrote after the Schneider court victory, those days are done and it’s time for the WCC to end it, regardless of who is in charge.

* Not one part of Lyndoch’s $100m masterplan so far has gone to full council for approval by the elected councillors. Each part has been signed off by delegation.