Stop Elsternwick Towers launched Red Spot Special campaign in fight against Woolworths

A group of Elsternwick residents are turning back the clock in a long-running battle to stop a supermarket giant building high rise towers.

Objectors to Woolies’ bid to build apartment towers in Elsternwick say Glen Eira Council is “giving away” part of May Street. Picture: supplied

Old photos are the latest weapon in a long-running battle to stop Woolworths building high rise apartment towers in Elsternwick.

A community group fighting the proposal says the images cast doubt over whether the council could “give away” part of the land needed for the development.

The parcel of land in dispute, May Street (west), forms a 500sq m component of Woolworths’ larger development site and is essential for the project to proceed on the old ABC TV site.

On September 7, 2022 VCAT granted planning permission for a mixed use development including a supermarket and apartments at 10-16 Selwyn St.

An aerial photo from 1968 showing May Street, Elsternwick, open to the public as a road. Picture: supplied

A condition of the planning permission was that work could not begin until Glen Eira Council was satisfied that May St was not a legal road.

Earlier this year Glen Eira Council accepted evidence provided by Woolworths that the land had not been used as a road since World War II.

However, Stop The Elsternwick Towers said it had received expert legal advice that May Street west was a road that had never been discontinued by the council.

“Legally it belongs to Council on behalf of ratepayers and not Woolworths, who have gated the area and plan to build over it,” the group said.

Group spokesman Max Deacon said photos, including an image from 1968, proved the land was open to the public in the late 60s.

“The new research shows that May Street was set aside for public use from 1889 and that it remained open to the public until a gate was placed at the Selwyn Street end of May Street during the Second World War,” Mr Deacon said.

“Council’s acceptance of Woolworths’ claim suggests nobody used May Street for some 50 years. And that nobody has used it after the Second World War, despite aerial photos showing it open to the public again in 1968.

“That simply doesn’t make sense.”

Stop The Elsternwick Towers community group protests Woolies plan to build high-rise apartment towers in their suburb. Picture: supplied

Mr Deacon said the group had sent the information to the council and wanted the decision reviewed.

“At law any transfer of public land from council control to the private sector must undergo a thorough community consultation process,” he said.

“This has not occurred.

“What is worse, is Council is giving away public land to developers for nothing.”

Mr Deacon said the value of the land could be as much as $5m, based on the $55m purchase price of the overall site.

“Development is cheap when the land is free,” he said.

“Woolworths must be rubbing their hands with glee.”

He said the community wanted the site turned into a public park.

Glen Eira chief executive Rebecca McKenzie refuted the claim the council was giving away public land to a private developer.

“The planning permit requires Woolworths to provide evidence that part of their land is not a public road that should be transferred to Council, which they have done,” she said.

“We have received evidence from both Woolworths and Stop the Elsternwick Towers (STET).

“We undertook our own due diligence and agreed that it is not a road at law.”