97-99 Queens Parade, • Clifton Hill - Home | Yarra City ... · The site is known as 97-99 Queens...

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■ 97-99 Queens Parade, ■ • Clifton Hill ■ TOWN PLANNING AND URBAN CONTEXT REPORT

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• 36-0231

• 25/11/2016

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U TOWN PLANNING AND URBAN CONTEXT REPORT 97-99 QUEENS PARADE, CLIFTON HILL ■

• Contents Contents 1

1 Introduction 2

■ 2 Subject Site and Surrounds 3

2.1 Subject Site 3

• 2.2 Surrounding Context 4

• 3 Proposal 7

■ 4 Statutory Planning Policy Framework 8

4.1 Zone 8

■ 4.2 Overlays 8

4.3 State Planning Policy Framework 10

■ 4.4 Plan Melbourne 10

4.5 Local Planning Policy Framework 11

Municipal Strategic Statement (MSS) 11

Local Planning Policy Framework (LPPF) 13

4.6 Particular and General Provisions 15

■ 5 Assessment 18

5.1 Use 18

5.2 Built Form 18

5.2.1 Scale 18

■ 5.2.2 Design 19

5.3 External Amenity 19

5.3.1 Privacy 20

5.3.2 Overshadowing 20

• 5.3.3 Public Realm 20

5.4 Internal Amenity 21

■ 5.4.1 Layout 21

5.4.2 Solar Access and Ventilation 21

■ 5.4.3 Noise, Light Spillage and Other Disturbances 21

5.5 Access, Parking and Loading 22

■ 5.5.1 Layout and Access 22

5.6.2 Car Parking 22

■ 5.6.3 Bicycle Parking 23

5.6.4 Loading 23

■ 5.6.5 Waste Management 23

6 Conclusions 24

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• 1 Introduction This report has been prepared to accompany the planning permit application to the City of Yarra for the

development of the land at 97-99 Queens Parade in Clifton Hill for a three storey mixed use development.

■ The application proposes the development of the land for the purpose of retail and dwelling.

■ More specifically the application proposes maintaining and renovating of the existing heritage building, the

demolition of the existing carpark on title and the construction of a 3 storey development incorporating 9

111 townhouses, and one level of basement parking.

This report provides:

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4 A description of the site and its surrounds

4 A description of the development proposal

4 An outline of the applicable statutory planning framework; and

4 An assessment of the proposal taking into account all relevant town planning considerations.

This report is prepared to address the planning merits of the proposal and its consistency with relevant

controls and policies of the Yarra Planning Scheme. This report should be read in conjunction with the

following information prepared by the project team in support of the proposal:

• Architectural Plans prepared by Peddle Thorp Architects, dated November 2016

• Feature Land Survey of existing context prepared by Bosco Jonson Pty Ltd, dated 2nd November 2016; and

• Traffic Engineering Assessment Prepared by MGA Traffic Pty. Ltd., dated November 2016

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TOWN PLANNING AND URBAN CONTEXT REPORT 97-99 QUEENS PARADE, CLIFTON HILL

2 Subject Site and Surrounds

2.1 Subject Site The subject site is located on the south-east corner of the Queens Parade and Wellington Street intersection.

The site is known as 97-99 Queens Parade, Clifton Hill and is formally described as Plan CP106824.

The subject land is regular in shape and includes a frontage to Queens Parade of approximately 20.15 metres,

an average depth of approximately 34.21 metres and an overall site area of approximately 688 sq. m.

The site is currently occupied by a Taco Bill restaurant with residential usage for The residential townhouses

will be accessed via the central pedestrian foot path from a front entry building located along the Queens

Parade frontage. restaurant owner on level 1. A two storey heritage building (formally Melbourne Savings

Bank, later State Saving Bank) is located on the land at 99 Queens Parade. The building is built to street

frontage and without side setback.

Vehicle access to the site is via an existing motorway entrance along the Queens Parade service road, which

provides access to a wrought iron gate and loading bay.

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TOWN PLANNING AND URBAN CONTEXT REPORT

97-99 QUEENS PARADE, CLIFTON HILL

Figure 1— Site Location (Refer to TP-001)

Figure 2 — Subject Site

2.2 Surrounding Context In terms of its context, the subject site is located on Queens Parade, one of the major gateways connecting the

Smith Street Major Activity Centre and the Brunswick Street Major Activity Centre to north-eastern

metropolitan suburbs. Each of these centres provides a wide range of amenities including variable size retail

shops and outlets, cafes, restaurants, offices and increased residential densities.

The surrounding context contains building heights varying between one and three storeys, typically with zero

set-back to the street and adjacent buildings.

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Figure 3 — Surrounding Usage (Refer to TP-002) Figure 4 —Building Heights (Refer to TP-002)

The site is proximate to various modes of public

transport including the Route 86 tram which operates

from RMIT Bundoora campus to Docklands

Waterfront City along Queens Parade and the No. 546

bus which operates along Queens Parade which

service the University of Melbourne, Rushall Train

Station, Clifton Hill Train Station, Fairfield, Alphington,

Darebin, Ivanhoe, Warringal and Heidelberg areas

with extension service to Queen Victoria Market

during off peak hours. The subject site is located

approximately 550 metres from the Clifton Hill Train

Station, which is situated to the East of the subject

site; and approximated 750 metres from Rushall Train

Station which is situated to the North-East of the

subject site. In the distance, Tram route 112 and 96,

Bus route 246, 250, 251 and 504, are also operate

within easy accessible distance (refer to Transport

Impact Assessment by MGA for further detail).

Figure 5 — Traffic Access (Refer to TP-003)

Despite the public modes of transport, there are car sharing services available within the close proximity to the

subject site as well (refer to Transport Impact Assessment by MGA for further detail).

Having regard to the immediate surrounds, the following is noted:

4 Land to the south-west at 89 Queens Parade is Clifton Hill Brewpub which resides in a two storeys heritage

building. The building fronts both Queens Parade and Wellington Street and a portion of the building abuts the

common boundary for a length of approximately 10 metre at the rear. The area of outdoor undercover beer

garden is located to the north-east of the building abutting the common boundary at the front.

Image 1— 97-99 Queens Parade (Subject Site)

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TOWN PLANNING AND URBAN CONTEXT REPORT

97-99 QUEENS PARADE, CLIFTON HILL

Image 2 — 89 Queens Parade (Clifton Hill Brewpub)

Image 3 — Back of 89 Queens Parade

4 To the immediate north-east of the subject site at the 101-103 Queens Parade is a two storey heritage

building. Fronting Queens Parade, the building occupies the whole adjoining land with zero front and side

setback. The building kept the heritage frontage façade with altered building structure at rear.

4 Lands to the south-east of the subject site contain multiple one storey residential houses, which form part

of a 'contributory' row of single-fronted, single storey terraces.

Image 4 — 97-121 Queens Parade

4 Occupying the land to the north-west (274 Queens Parade), on the opposite side of Queens Parade, is a

S mixed use development, which form part of a row of two storeys heritage buildings with active street frontage

and residential usage above ground level.

In the broader context, there are various examples of increased densities and built form, being approved or

proposed, which include:

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4 Demolition of the existing building and construction of an 8 storey building with basement car park,

a contains 58 dwellings was approved at 217-241 Queens Parade, Clifton Hill (PLN12/0888)

U 4 A part 8, part 11 Storey building contains 76 dwellings was approved at 243-247 Queens Parade, Clifton Hill

(PLN14/0311.01)

a 4 A 4 storeys, 18 dwellings was approved at 137 Queens Parade, Clifton Hill (PLN14/0209)

a 4 A 17 storeys building was proposed at 249-265 Queens Parade, Fitzroy North (PLN16/0494)

S 4 A 5 storeys building was proposed at 312-318 Queens Parade, Fitzroy North (PLN16/0078)

U 4 A 9 storeys building was proposed at 26-56 Queens Parade, Fitzroy North (PLN16/0434)

S Further detail is provided on the Urban Context and Site Analysis Plans (Drawing No. TP001—TP005), within the

U architectural package prepared by Peddle Thorp Architects.

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• 3 Proposal


The application is detailed in the application package prepared by Peddle Thorp Architects and accompanying

reports prepared by Bosco Jonson Pty Ltd and MGA Traffic Pty Ltd.

■ The application proposes use and development of the land for the purpose of dwellings.

■ In total, the proposal comprises the following mix:

■ 4 Restoration of the existing heritage building, proposed usage remains to be retail.

■ 4 Nine three-storeys townhouses.

The residential townhouses will be accessed via the central pedestrian foot path from a front entry building

located along the Queens Parade frontage. The central pedestrian foot path leads to each individual

townhouse and a secondary access to a rear ROW which connects to Gold Street via the Central pedestrian

foot path is also proposed.

A three storeys development is proposed to be built behind the existing heritage building. Restoration will also

be performed to the existing heritage building. The ground floor retail tenancy will be remained. The

■ remaining retail tenancy on the ground floor level comprising a approximate total area of 127sq. metre with

approximately 81 sq. metre net lettable areas (NLA).

• One level of half basement car parking is proposed and accessible from Queens Parade via a ramp. A total of

14 car spaces are proposed which are be allocated as follows (refer to Traffic Assessment Report for detail):

■ 4 12 residential car spaces

111 4 2 retail staff car spaces

111 In addition to parking provision, 12 bicycle parking spaces are proposed. Storage areas are provided for all

dwellings in the basement level next to allocated resident car parks, with services and garbage rooms located

at the basement level.

The overall maximum building height is approximately 10.775 metres (RL 45.950) measured from NGL along

the Queens Parade frontage.

Fronting Queens Parade, the proposed development adopted a one storey street wall average height of 4

metres with setback above ground level. With the basement car park ramp and front entrance of the central

■ walk path located next to the heritage building, the street wall would been broken into two separate forms of

existing heritage building facade on the eastern side and new proposed town house frontage of courtyard on

ground level and balconies above on the western side of the frontage.

The building adopts a contemporary appearance with the elements mimicking surrounding shop fronts. The

■ finishing material including a mix of Zinc Cladding, precast concrete, black aluminium window frames, dark

tinted glass, mirror reflective glass, and 2 colour renders, metal cladding and zinc panels. The building form is

■ modulated to respond to the pedestrian context of surrounding built forms at the lower levels whilst providing

a visually interesting and refreshing addition to the streetscape from distant views.

Further design detail including the urban context analysis and design response is included within the

architectural package prepared by Peddle Thorp Architects.

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• TOWN PLANNING AND URBAN CONTEXT REPORT 97-99 QUEENS PARADE, CLIFTON HILL

• 4 Statutory Planning Policy Frameworks •

4.1 Zone •

The subject site is located within the Commercial 1 Zone pursuant to the provisions of the Yarra Planning

111 Scheme. The purposed of the Commercial 1 Zone is:

• To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the

• Municipal Strategic Statement and local planning policies.

4 To create vibrant mixed use commercial centres for retail, office, business, entertainment and community

• uses.

• 4 To provide for residential uses at densities complementary to the role and scale of the commercial centre.

111 Pursuant to the requirements set out at Clauses 34.01-1 the following applies:

• 4 A "Dwelling", included in "Accommodation" in Clauses 74, is a Section 1 permit not required use, subject to

■ the condition that any frontage at ground floor level must not exceed 2 metres. As the residential entry along

Queens Parade is greater than 2 metres (5 metres proposed), a permit is required for the use of the land for

• "Dwelling."

• 4 A "Retail Premises" is a Section 1 permit not required use subject to the leasable floor area. If a "Shop" is

• the proposed, the leasable floor area for all shops must not exceed any amount specified in the schedules to

the zone. As the Schedule to the Commercial 1 Zone does not specify any maximum floor area, no permit is

• required if a "Shop" is proposed.

4 Pursuant to Clause 34.01-4, a permit is required to construct a building or construct or carry out works.

Figure 6 — Commercial 1 Zone

The subject site is affected by the following Overlays:

• Environmental Audit Overlay

■ The purpose of Clause 45.03 is to ensure that potentially contaminated land is suitable for a use which could

• be significantly adversely affected by any contamination.

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• 4.2 Overlays

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Before a sensitive use commences or before the construction or carry out of buildings and works in association

with a sensitive use commences, either:

4 A certificate of environmental audit must be issued for the land in accordance with Part IXD of the

Environment Protection Act 1970, or

An environmental auditor appointed under the Environment Protection Act 190 must make a statement in

accordance with Part IXD of that Act that the environmental conditions of the land area suitable for the

sensitive use.

Figure 7 — Environmental Audit Overlay

Figure 8 — Heritage Overlay Schedule 330

Heritage Overlay Schedule 330 (H0330)

The subject is affect by Heritage Overlay Schedule 330 (H0330), the purpose of which is:

- To conserve and enhance heritage places of natural or cultural significance.

To conserve and enhance those elements which contribute to the significance of heritage places.

4 To ensure that development does not adversely affect the significance of heritage places.

To conserve specifically identified heritage places by allowing a use that would otherwise be prohibited if

this will demonstrably assist with the conservation of the significance of the heritage place.

Pursuant to Clause 43.01-1, a permit required to

4 Demolish or remove a building.

4 Construct a building or construct or carry out works.

4 Subdivide land

Schedule 330 is a precinct wide control which applies to the Queens Parade Precinct. The subject site is

classified as an individually significant building. External paint controls apply.

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4.3 State Planning Policy Framework The following clauses from the State Planning Policy Framework (SPPF) are generally relevant to the proposal:

Plan Melbourne (Clause 9)

Operation of the State Planning Policy Framework (Clause 10)

-) Settlement (Clause 11)

• Urban Growth (Clause 11.02)

• Metropolitan Melbourne (Clause 11.04)

-› Built Environment and Heritage (Clause 15)

• Urban Environment (Clause 15.01)

• Sustainable Development (Clause 15.02)

• Heritage (Clause 15.03)

-4 Housing (Clause 16)

• Residential Development (Clause 16.01)

—> Economic Development (Clause 17)

• Commercial (Clause 17.01)

—> Transport (Clause 18)

• Integrated Transport (Clause 18.01)

• Movement Networks (Clause 18.02)

The above policies encourage higher density residential development to be located on strategic development

sites that are well located in relation to activity centres, employment corridors and public transport.

It is acknowledged that this type of development contributes to the diversity of housing within a location,

reducing the pressure from fringe development.

4.4 Plan Melbourne Plan Melbourne, the Melbourne Metropolitan Strategy was finalised in May 2014 and represents the former

State Government's vision for Melbourne. It was introduced into Yarra Planning Scheme on 30 May 2014

through Ministerial Amendment VC106.

It estimated that by 2050 the city will need to accommodate more than 707 million people. The plan seeks to

provide an integrated approach to planning and development which responds to the pressures of growing

population without placing strain on the city's infrastructure and liveability.

With regards to housing, the plan provides guidance on how growth will be accommodated, the need to

deliver increased housing within close proximity to jobs and transport and the shift in housing choice and

demand. The city of Yarra is located within the "Central Subregion" area, where Plan Melbourne envisages an

expected population growth of 230,000 to 280,000 people by 2031. Of the 1.6 million new dwellings required

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• 310,000 of these are expected to be required in the "Central City & Surrounds", which includes the City of

■ Yarra municipality.

• 4.5 Local Planning Policy Framework

Municipal Strategic Statement (MSS) • The Municipal Strategic Statement (MSS) provides the strategic planning framework for the City of Yarra.

Several of the identified issues rose within the MSS area of relevance to the proposal: •

4 Municipal Profile (Clause 21.02) •

4 Vision (Clause 21.03) •

4 Land Use (Clause 21.04) N

4 Built Form (Clause 21.05) •

4 Transport (Clause 21.06) •

—> Environmental sustainability (Clause 21.07) •

—> Neighbourhoods — Clifton Hill (Clause 21.08) •

Clause 21.03 Vision •

Clause 21.03 sets out the Vision for City of Yarra in 2010 in the aspects of land use, built form, transport, ■

environmental sustainability and Clifton Hill Neighbourhoods. The following key vision statements are noted:

• 4 The City will accommodate a diverse range of people, including families, the aged, the disables, and those

■ who are socially or economically disadvantaged.

■ 4 Yarra will have a distinctive identity as a low-rise urban form, with areas of higher development and highly

valued landmarks.

• 4 Most people will walk, cycle and use public transport for the journey to work.

111 4 Building throughout the City will adopt state-of the-art environmental design

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Within the Strategic Framework Plan, the subject site is located within the Queens Parade Neighbourhood

• Activity Centre and locates approximately 500 metres of the Brunswick Major Activity Centre.

• Clause 21.04 Land Use

• Clause 21.04 highlights the consistent residential growth which the City of Yarra is experiencing. Clause 21.04-

1 suggests that the growth trend is "generally located in, abutting, or close to activity centres, or in locations

that offer good access to services and transport".

4 To accommodate forecast increases in population.

• 4 To retain a diverse population and household structure.

• 4 To reduce potential amenity conflicts between residential and other uses.

9To maintain the long term viability of activity centres.

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Clause 21.05 Built Forms

Clause 21.05 recognised the contribution that built form makes to the City of Yarra. In Clause 21.05, the

municipality been described having "a distinctive identity as a low-rise urban form, with areas of higher

development and highly valued landmarks".

■ Follow is the key objectives within this Clause:

■ 4 To protect and enhance Yarra's heritage places.

■ 4 To retain Yarra's identity as a low-rise urban form with pockets of higher development.

■ 4 To retain, enhance and extend Yarra's fine grain street pattern.

■ 4 To create an inner city environment with landscaped beauty.

• 4 To ensure that new development contributes positively to Yarra's urban fabric.

• 4 To encourage the provision of universal access in new development.

■ 4 To maintain and strengthen the identified character of each type of identified built form within Yarra.

■ 4 To maintain and reinforce preferred character in Residential areas.

■ New development is to aspire to high quality architectural design and positively contribute to Yarra's urban

fabric and it will also retain Yarra's identity as a low-rise urban with heritage protection.

Objective 17 has outlined relevant strategy to the proposal and states:

"Development on strategic redevelopment site or within activity centres should generally be no more than 5-6

storeys unless it can be demonstrated that the proposal can achieve specific benefits such as:"

Significant upper level setbacks

4 Architectural design excellence U

4 Best practice environmental sustainability objectives in design and construction

4 High quality restoration and adaptive re-use of heritage buildings

4 Positive contribution to the enhancement of the public domain •

4 Provision of affordable housing.

Clause 21.06 Transport •

Clause 21.06 points out that "Yarra needs to reduce car dependence by promotion walking, cycling and public

transport use as viable and preferable alternatives", which includes the following key objectives and strategies:

4 To provide safe and convenient pedestrian and bicycle environments.

4 To improve pedestrian and cycling links in association with new development where possible.

4 Require new development that generates high numbers of trips to be easily accessible by public transport

U 4 Ensure access arrangements maintain the safety and efficiency of the arterial and local rood networks.

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U TOWN PLANNING AND URBAN CONTEXT REPORT 97-99 QUEENS PARADE, CLIFTON HILL

■ Clause 21.07 Environmental Sustainability

Clause 21.07 indicates that the Council "seeks to address environmental sustainability through sustainable

building design and construction" within the municipality.

■ Clause 21.08 Neighbourhoods

Base on Clause 21.08, the subject site is located within the Clifton Hill area which is identified as The Queens

Parade Centre. Clifton Hill area has been characterised as a "largely residential neighbourhood has good public

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open space including the parklands associated with the Yarra River and Merri Creek to its east and Darling

Gardens and Mayors Park located within the neighbourhood."

a More specifically, the Queens Parade Centre area is described as:

a "a mixed use centre with strong convenience retailing, there is an opportunity to create stronger linkage

between the community facilities to the east and the centre".

Local Planning Policy Framework (LPPF) In addition to the MSS, the following Local Planning Policies are important to the proposal:

4 Development Guidelines for Sites Subject to the Heritage Overlay (Clause 22.02)

4 Landmarks and Tall Structures (Clause 22.03)

4 Interface Uses Policy (Clause 22.05)

4 Stormwater Management (Water Sensitive Urban Design) (Clause 22.16)

4 Environmentally Sustainable Development (Clause 22.17)

U Clause 22.02 Development Guidelines for Sites Subiect to the Heritage Overlay

The objectives of Clause 22.02 include:

4 To conserve Yarra's natural and cultural heritage.

4 To conserve the historic fabric and maintain the integrity of places of cultural heritage significance.

4 To retain significant view lines to, and vistas of, heritage places.

4 To preserve the scale and pattern of streetscapes in heritage places.

4 To encourage the preservation, maintenance, restoration and where appropriate, reconstruction of

■ heritage places.

4 To ensure the adaptation of heritage places is consistent with the principles of good conservation practice.

■ 4 To ensure that additions and new works to a heritage place respect the significance of the place.

■ 4 To encourage the retention of 'individually significant' and 'contributory' heritage places.

■ 4 To protect archaeological sites of cultural heritage significance.

The subject site is classified as being individually significant. The policy provides general and specific 111 requirements for restoration and new development which include:

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Restoration

4 Clause 22.02-5.3 shows the Council would encourage restoration of a heritage place or contributory

element if evidence exists to supporting its accuracy.

—) Encourage the reconstruction of a building or works which previously existed in a heritage place if:

• The reconstruction will enhance the heritage significance of the heritage place

• Evidence exists to support the accuracy of the reconstruction.

Encourage the reconstruction of original or contributory elements where they have been removed.

New Development in General

4 Clause 22.02-5.7.1 indicates the Council would "encourage the design of new development and alterations

and additions to a heritage place or a contributory element to a heritage place to:"

• Respect the pattern, rhythm, orientation to the street, spatial characteristics, fenestration, roof form,

materials and heritage character of the surrounding historic streetscape.

• Be articulated and massed to correspond with the prevailing building form of the heritage place or

contributory elements to the heritage place.

• Be visually recessive and not dominate the heritage place.

• Not remove, cover, damage or change original historic fabric.

• Not obscure views of principle facades.

• Consider the architectural integrity and context of the heritage place or contributory element.

4 Encourage setbacks from the principal street frontage to be similar to those of adjoining contributory

building, where there are differing adjoining setback, the greater set back will apply.

4 Minimise the visibility of new additions by:

• Encouraging upper level additions to heritage places to be sited within the 'envelope' created by

projected sight lines.

Clause 22.03 Landmark and Tall Structures

Clause 22.03 applies to all development within the City of Yarra, and aims to maintain the prominence and

protect views to Yarra's valued landmarks and protect views. Within the MMS, the Spire of St Johns Church,

Queens Parade, Clifton Hill is the identified landmark in Queens Parade Neighbourhood Activity Centre.

Clause 22.05 Interface Uses Policy

Clause 22.05 seeks to maintain the viability of industrial and business areas and ensure that new residents do

not have unrealistic expectation of the level of amenity that can be achieved.

The objectives of this Clause include:

4 To enable the development of new residential uses within and close to activity centres, near industrial areas

and in mixed use areas while not impeding the growth and operation of these areas as service, economic and

employment nodes.

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4 To ensure that residential uses located within or near commercial centres or near industrial uses enjoy a

■ reasonable level of amenity.

■ New residential developments located in a Business Zones (Clause 22.05-4.1) should comply to the following

design guidelines:

■ 4 Incorporate appropriate measures to protect the residents from unreasonable noise, fumes, vibration, light

spillage and other likely disturbances.

4 Locate noise-sensitive rooms (in particular, bedrooms) and private open space away from existing and

potential noise sources, and where appropriate incorporate other measures such as acoustic fencing,

landscaping and setbacks.

Incorporate appropriate measures to minimise the effects of fumes or air emissions from nearby business or

industrial operations upon those living in the dwellings, including through the orientation of windows and

ventilation systems.

4 Minimise the potential for views from existing business or industrial premises to habitable room windows

1111 and private open space areas, through the use of appropriate siting, setbacks, articulation and screens.

■ Clause 22.16 Stormwater Management (Water Sensitive Urban Design)

111 Clause 22.07 applies to all new developments to promote the use of water sensitive urban design, including

stormwater re-use. This Clause seeks to:

I 4 Encourage the use of measures to prevent litter being carried off-site in stormwater flows, including:

I • Appropriately designed waste enclosures and storage bins, and

■ • The use of litter traps for developments with the potential to generate significant amounts of litter.

U 4 Encourage the use of green roofs, walls and facades on buildings where practicable (to be irrigated with

rainwater/storm water) to enhance the role of vegetation on buildings in managing the quality and quantity of

storm water.

111 Clause 22.017 Environmentally Sustainable Development

The overarching objective is that development should achieve best practice in environmentally sustainable

development from the design stage through to construction and operation.

U 4.6 Particular and General Provisions

The following particular provisions are relevant to the application:

■ 4 Car Parking (Clause 52.06)

- Loading and Unloading of Vehicles (Clause 52.07)

■ 4 Land Adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road (Clause

52.29)

■ 4 Bicycle Facilities (Clause 52.34)

■ 4 Live Music and Entertainment Noise (Clause 52.43)

4 Decision Guidelines (Clause 65)

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Clause 52.06 Car Parking

This Clause requires new use and development to be provided with an appropriate level of car parking and

seeks to ensure adequate access and manoeuvrability is provided to and throughout the development.

Pursuant to the Table of Uses at Clause 52.06-5, the proposal is required to provide one car space to each one

or two bedroom dwelling and two car spaces to each three or more bedroom dwelling. In addition to one

visitor space is required to every five dwellings and 4 spaces for every 100 square metres of leasable shop floor

area.

Under Clause 52.06-3, a permit is required to reduce the number of car parking spaces required under the

Clause 52.06-5.

Given the above, the statutory requirement is for 18 car parking spaces for the proposed dwelling, 1 visitor

spaces and 3 spaces for the retail tenancies, resulting in a total statutory requirement of 22 spaces.

The proposal therefore, requires a variation to allow a reduction in eight spaces to meet statutory requirement.

However, as assessed by the traffic engineer specialist, the report shown that the car parking demand is below

statutory requirement. The proposal has satisfied the anticipated overall car parking demand of the site (refer

to Transport Impact Assessment prepared by MGA for detail study).

Clause 52.07 Loading and Unloading of Vehicles

This Clause seeks to ensure that adequate land is provided for the loading and unloading of commercial

vehicles so that amenity is protected and the road network is not detrimentally affected. Minimum loading bay

dimensions are required for a commercial tenancy less than 2,600 square metres, however a permit may be

granted to reduce or waive this requirement.

The proposal does not include any loading bay area and therefore, a permit is required to waive the loading

bay requirements under this Clause.

Clause 52.29 Land Adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road

For the purpose of ensuring appropriate access to identified roads and ensuring appropriate subdivision of

land adjacent to identified roads, Clause 52.29 requires a permit when the subject land proposed to create or

alter access to a road in a Road Zone, Category 1 or Land in a Public Acquisition Overlay if the purpose of

acquisition is for a Category 1 road.

Clause 52.34 Bicycle Facilities

To encourage cycling as a mode of transport and provide secure, accessible and convenient bicycle parking

spaces and associated shower and change facilities, Clause 52.34 requires that a new use does not commence

until the required bicycle facilities are provided on the land. Table 1 at Clause 52.34-3 required the provision of

1 resident space to each five dwellings for developments of 4 or more storeys, 1 visitor spaces to each 10

dwellings of developments of 4 or more storeys, 1 employee space to each 300 square metre of leasable shop

floor area and 1 customer space for every 500 square metres of leasable shop floor area.

The proposal therefore, generates a requirement to provide 0 bicycle parking spaces in total. However, to

promote sustainable modes of transport (Clause 21.05), the proposal provides 12 bicycle spaces which greatly

meet the objectives and satisfied the requirement.

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Clause 52.43 Live Music and Entertainment Noise

This clause seeks to protect existing live music and entertainment venues from the encroachment of noise

sensitive uses and ensure that new residential uses are satisfactorily protected from unreasonable levels of live

music and entertainment noise.

Due to the adjacent site at 89 Queens Parade, as a food and drink premise that includes live music on

Wednesday night from 8pm. The Clause requirements are triggered. "A noise sensitive residential use must be

designed and constructed to include acoustic attenuation measures that will reduce noise levels from any:"

• Indoor live music entertainment venue to below the noise limits specified in State Environment

Protection Policy (Control of Music Noise from Public Premises) No. N-2 (SEPP N2).

Clause 65 Decision Guidelines

This Clause provides additional decision guidelines that the Responsible Authority must give regard to before

deciding on an application.

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I TOWN PLANNING AND URBAN CONTEXT REPORT 97-99 QUEENS PARADE, CLIFTON HILL

• 5 Assessment

• Based on a detailed review of the applicable planning controls and analysis of the subject site, the key planning

■ considerations are:

■ 4 Is the proposed use appropriate given the context?

■ 4 Is the scale and design of the built form appropriate?

■ 4 Has the building been designed appropriately in light of interfaces and existing uses?

11 Does the proposal provide a good level of internal amenity?

■ -> Does the building achieve a high level of environmentally sustainable design?

11 Is the provision of car parking, loading and access acceptable?

1111 The ways in which the proposal addresses the above key town planning considerations pertinent to the site

are discussed below.

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5.1 Use •

The subject site is located in Queens Parade Neighbourhood Activity Centre, and within the proximity to the

Smith Street Major Activity Centre and the Brunswick Street Major Activity Centre. The site is also well serviced

by existing infrastructure, public transport and community services and facilities. The proposed residential use

complies with the broad objective of State and local policy by providing housing close to jobs, transport and

■ services in accordance with Clause 11, 16 and 21.03.

■ Furthermore, the proposal accords with the purpose of the Commercial 1 Zone with introduction of housing

with higher densities and commercial uses which will complement the mixed use function of the area. It is

expected that the commercial tenancy will be occupied by a use that fits with the objectives fits the Clifton Hill

Commercial Precinct. U

• 5.2 Built Form The proposal will contribute to the emerging character of the area and has been designed to respect the

existing low scale development surrounding the site. A discussion of the overall scale and design of the

proposal is provided following.

• 5.2.1 Scale The proposed building will be 3 storeys with a maximum building height of 10.8 metres. The additional street

frontage of the development has created a consistent building height change between the existing on-site

heritage building, which is maintained, on 97-99 Queens Parade and immediate adjacent building on 89

Queens Parade. There are numerous proposals and recent approval for residential apartment building greater

or similar the proposal. Local policy (Clause 21.05) has emphasised Council's objective to retain Yarra's identity

■ as a low-rise urban form with pocket of higher development. The subject site is in an appropriate location to

comply with Council's low rise urban form, located on Queens Parade which is one of the major gateways

connecting the two pockets of higher development area, Smith Street Major Activity Centre and the Brunswick

Street Major Activity Centre, to north-eastern metropolitan suburbs.

■ The proposal has been designed to engage on ground level and incorporate glazing to residential tenancies to

provide an attractive and active interface to Queens Parade. The proposed building will have a street wall of

3.1 metre in height and then, from level one, include the significant upper level back to incorporate upper level

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balcony on level one. Massing and articulation has been utilised to diminish visual bulk and ensure the building

■ will not unreasonably intimidate on surrounding development. The building has been sensitively designed with

more substantial setbacks on the north-western facade above the car park entrance for communal foot path

between the two town house buildings and the existing heritage building. As such the proposal will respect the

immediate existing surrounding developments and maintain a good level of amenity for neighbouring land

users.

The development will be constructed to the site boundaries on ground floor, with setbacks on all elevations

■ from level one. This development proposed approximate site coverage of 72%. In comparison to existing

developments in the surrounds, which full site coverage is mainly observed, the development proposed a great

■ open space ratio to its future users.

Further the scale is considered acceptable and in accordance with the Design Objective of Clause 22.10 as the

proposal will not result in undue off-set impacts (further discussed below in Section 5.3.1). In comparison to

the 4 storey residential apartment development been recently approved — Affinity at 137 Queens Parade and

■ 247 Gold Street, which locates at the same street frontage, the subject development proposes a smaller and

more compact built form and scale, which the size of the site can comfortably accommodate.

5.2.2 Design

The proposed building is contemporary in design, utilising high quality materials and incorporating a variety of

■ surface treatments. Material include Zinc Cladding, precast concrete, black aluminium window frames, dark

tinted glass, mirror reflective glass, and two colour renders. The materials and colours have been carefully

selected to enhance articulation and reduce the perception of visual bulk. The off white and grey render colour

scheme is proposed to respond to existing development in the surrounds, especially to match with the existing

heritage building on the site. This proposal is aimed to ensure the building will respect the streetscape,

■ especially the existing heritage building on site.

■ Strong, light vertical detailing has been incorporated continuously throughout the design, which providing a

visual contrast between the two adjacent buildings. Between ground level and the levels above, the building

■ language has shown more simplicity and as the building goes higher and the articulation of the higher level has

broken down the street wall which also reduces the perception of visual bulk. The ground floor intersects

mirror glazing to reflect the appearance of the fine grained form in the surrounds, which blends the proposed

■ building into the surrounding neighbourhood characteristics and create more interactive street frontage.

The massing and finishes incorporated in the upper levels will ensure the proposal does not result in II obstructive visual bulk. Level one and two have been substantially setback and compresses darker elements,

■ including Zinc cladding, black metal window frames and tinted grey glazing, thereby enhancing the contrast

between the reflective glazing and straight vertical architectural form of the ground level, and giving the

1. appearance of a break in development.

The proposal incorporates high architectural quality in accordance with the design object of State and local

policies (specifically Clause 15 and 22.10). 111

• 5.3 External Amenity

The proposal has been carefully designed to ensure no undue amenity impacts result to surrounding

properties, with particular consideration given to adjoining residential developments. As discussed following, it

■ considers that the proposal will maintain a good level of amenity for adjoining residents and will enhance the

public realm in accordance with the overall Design Objectives of Clause 22.10.

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5.3.1 Privacy In terms of privacy, the proposal has been designed to ensure that no unreasonable overlooking will occur to

surrounding residential property. To the northwest, the site benefits from facing the street and on the

northwest and southeast, the building is adjacent to two existing buildings which the site benefits from

majorly solid walls with three small windows on the northwest building and therefore, the primary sensitive

interface with regards to privacy are to the southeast.

High level privacy windows will be provided to the windows which face all direction. Obscure glazing panels

will be used for the majority of the full height windows to prevent views into opposite habitable room

windows. For the units on the north-eastern side, the bedroom windows which are located on level one will be

provided with sculpted privacy screens. In terms of the south east facing windows of the end units, high level

privacy windows will be provided on the slopping wall, which provides access to natural light without

overlooking into the adjacent properties at the back of the subject site. Narrow glazing strips are also proposed

for the end units for more natural light access, due to the narrowness and the location of the glaze, it prevents

overlooking into the adjacent properties at the back of the development across the lane way.

5.3.2 Overshadowing The proposal is design to comply with ResCode (Clause 55) which minor shadow will be casted over the

surrounding adjoining buildings as shown in the shadow diagrams submitted with the application. In the early

morning, additional shadow will fall to the west, overshadowing the sheltered semi open space of the dwelling

at 89 Queens Parade. Due to the site usage on 89 Queens Parade, where operation starts at 11.30am on daily

basis, therefore the proposal will not result in any significant overshadowing to 89 Queens parade during its

operating hours.

To the south east, additional shadows will be cast in the mid to late-afternoon. The proposal has been carefully

designed to comply with Clause 55, and ensuring minimum overshadowing will fall over the adjoining private

open space. As shown in the architecture package, the building steps in as it goes higher with the end units

designed with slopping walls, further ensuring no overshadowing on adjoining residential buildings habitable

rooms and allowing a good level of solar access for the neighbouring building to the south east.

Figure 9-11— Shadow Studies (Refer to TP-600)

5.3.3 Public Realm The proposal has been designed to enhance the streetscape and provide an attractive and interactive interface

with the public realm. The massing and external finishes of the building will provide visual interest when

viewed from the public domain. The design incorporates strong vertical elements which break up the fagade.

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111 Furthermore, outlook from the townhouses have been maximised to the central footpath with the provision of

■ windows and balconies which will allow passive surveillance within the development. The front townhouse

which faces Queens Parade, with the provision of front facing window and balcony on level one and two, it

also provides passive surveillance to the street below which the existing car park does not. The existing

heritage building on site provides the same level of interaction with the public realm on Queens Parade as 11 before, thus the proposal will significantly improve the overall interface of development on site with the street

■ in accordance with Clause 21.08 and will enhance the overall public realm in accordance with the Design

Objective of Clause 22.10.

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111 5.4 Internal Amenity The proposed development will provide a good level of amenity for future occupants as discussed following.

■

■ 5.4.1 Layout Being a lot that has adjoining buildings on both sides, the site has shown some limitations for developments,

■ however the proposed layout has been designed to overcome these, with the majority of townhouses being

orientated to the northeast and southwest to maximise solar access and minimising opportunities for

■ overlooking between developments.

■ The proposal will provide a good mix of dwelling size. The development proposes three-bedroom townhouses

11 with master bedroom being separated from the other bedrooms. The townhouses are ranged in size from 106

square metres to 130 square metres.

11 The layout of the units is practical and is predominantly open planned to increase flexibility. Moreover, the

■ proposal includes open staircases to ensure efficient space usage throughout the building for future occupants.

■ The proposal will create a unique housing type in the location area where the majority of the developments

are either low density independent houses or high density apartment developments. The introduction of

■ townhouses has provided an attractive residential dwelling type for different range of people which increase

■ the diversity of people within the low rise urban form development, which to the area will enhance the City of

Yarra's characteristic in accordance with Clause 21.08 and further closer to the vision in accordance with

11 Clause 21.03.

■ 5.4.2 Solar Access and Ventilation

11 The building has been designed to ensure that each unit has good access to daylight and natural ventilation.

11 The townhouses have been configured to ensure that all dwellings have northeast or northwest facing

windows and therefore, will receive direct solar access. No bedroom relies on borrowed light and there is no

■ provision of the saddleback bedrooms. The townhouses will provide skylight windows above kitchens, which

brings natural light into the deepest part of the ground floor layout.

■ Each Townhouse is provided with a balcony or front garden with direct access from living area, all living area

■ and bedrooms have operable windows and area provided with access to natural ventilation.

■ 5.4.3 Noise, Light Spillage and Other Disturbances 1111 Given the mix of uses in the area (residential, commercial, retail, education and mixed uses), naturally there is

■ potential for conflict between uses to arise. Thus, in accordance with Clause 22.05, the proposal incorporates a

■ ■


Full height reflective glazing has been provided to the entrance facade at ground follow to allow permeability

into the interior and provides reflection of street activities and the more fine-grain development along Queens

Parade. The development will be clearly identifiable, with well-defined residential entries to the development.

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number of measures to ensure a good level of amenity is provided for future residents and more importantly,

that the operation of existing businesses in the area will not be impacted by the introduction of the sensitive

use.

■ The uses within the immediate surrounds generally comprise commercial, retail and residential uses. Given the

nature of these uses, potential for amenity impacts such as fume/air emission and excessive light spillage is

minor. Nonetheless, the building will incorporate screens and blinds to shade light when required by

U occupants. Weather seals will be applied to all external windows and doors to seal the units form draughts and

■ air emission if required.

111 Noise impacts are considered to be a greater potential use conflict. The proposal is located within close

proximity to a live music venue, and there is potential for noise impacts to arise from the operation of

■ surrounding businesses and Queens Parade. The building therefore, will be designed with appropriate noise

attenuation measures in place. The building will be constructed using insulated concrete floor slabs and

concrete ceilings and walls will be appropriately acoustically insulated, thereby minimising noise spread

■ throughout the development, in addition, all external windows and doors will be double glazed minimising

external noise impacts.

5.5 Access, Parking and Loading The development has been designed to ensure the proposed access, car parking, loading and waster vehicle

111 movements will not unduly impact the local road network. The following assessment is based on the findings

of the Traffic and Engineering Assessment prepared by MGA Traffic Pty. Ltd.

a 5.5.1 Layout and Access The site fronts Queens Parade which is a Council maintained major road. Due to the existence of current on

ground vehicular access, the proposed half basement vehicular access is proposed to be placed at the same

location. Separate pedestrian access is proposed from Queens Parade located adjacent to the vehicular

entrance for the basement.

U In accordance with the requirements of Clause 22.07, a Traffic Assessment Report has been prepared by MGA,

dated November 2016, to demonstrate that the laneway south to the subject site is not suitable to

accommodate the proposed traffic, therefore the vehicular entrance will be located at the site's Queens

Parade interface.

As detailed by MGA, the proposed car parking layout and access arrangement generally accord with the

requirement of Clause 52.06 and the development is expected to provide efficient vehicle manoeuvrability.

U The proposed development is expected to generate no more than ... vehicle trips per hour in peak time. The

access ramp to the car parking area comprises a double lane. The proposal will not have a detrimental impact

■ on the service lane nor surrounding road network.

5.6.2 Car Parking The proposed development includes a total of 14 car parking spaces located within the secured part basement

under the proposed townhouses. Pursuant to the Traffic Assessment Impact Assessment was undertaken by

111 MGA, a total of 14 spaces are required to satisfy the traffic demand, however in terms of statutory

requirement, a permit is still required.

■ In terms of residential parking, it demands 11 car parking spaces, which is met by the provision of 12

residential car parking spaces. Following an assessment of car ownership data in the area, it is considered that

this provision is generally consistent with the likely car ownership of future residents, it is acceptable given the

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site location and high level of public transport access, including direct access to tram and bus services on

Queens Parade, and easy access to nearby train stations.

With regard to visitor parking, it is generally accepted that townhouse style developments generate reduced

requirements for visitor parking than larger households. It is expected that visitor could be comfortably

accommodated by nearby on-street parking.

1111 Given the locality of the site, it is expect that staff or customers to the retail tenancy will likely utilise the high

level of alternative transport modes available and thus, car parking demand is likely to be less compare to

statutory requirement. The existing retail tenancy also contains no customer car parking space on site,

therefore it is expected that customers' car parking demand associated with the tenancy could be

accommodated on-street. In term of staff parking, the Traffic Impact Assessment has town the proposal will

require 1 staff parking space, therefore the proposed 2 staff parking spaces will satisfy the demand.

Given the above, it is considered that the proposed number of car parking spaces is acceptable. Furthermore,

the proposal supports the objectives of the Clause 21.06 by encouraging sustainable transport modes as an

alternative to the car.

5.6.3 Bicycle Parking The proposed development includes the provision of 12 bicycle parking spaces located within the secured car

parking on basement level. This provision exceeds requirement of 12 spaces under Clause 52.34 and thus, the

1111 proposal provides an adequate level of bicycle parking.

1 5.6.4 Loading The proposal does not include any provision for on-site loading, pursuant to Clause 52.07, a loading bay is

required for the commercial tenancies and thus, a permit is required to waive these requirements.

MGA Traffic has undertaken an assessment of the loading requirements and considers that given the size of 1111 the tenancies, deliveries will be undertaken by smaller trucks and vans that can readily use the short-term on

■ street parking nearby. Thus, a waiver of the loading bay requirements is considered acceptable.

5.6.5 Waste Management

• The proposal includes a common refuse storage area on basement floor. Commercial tenant and townhouse

residents are expected to dispose of waste directly into collection bins provided within this storage area.

Waste is proposed to be collected by a private contractor on Queens Parade at non-peak traffic times. Bins will

be transferred between the refuse storage area and the street.

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•

TOWN PLANNING AND URBAN CONTEXT REPORT 97-99 QUEENS PARADE, CLIFTON HILL ■

IP 6 Conclusions The proposal seeks permission for an alternative low density form of residential development from

111

apartments and independent houses with heritage building restoration which contains retail elements. Having

regard to the above assessment, it is considered that the proposal responds appropriately to the strategic and

• statutory provisions of Yarra Planning Scheme, as the proposed development:

• 4 Is for a high quality mixed use development outcome that satisfies the applicable land use and built form

policy aspirations of the Yarra Planning Scheme;

4 Appropriately balances the transitional location within the neighbourhood activity centre, main road

location and Queens Parade heritage precinct;

• 4 is consistent with the applicable planning controls and policies relating to built form, including Clause 12.01,

22.02, 22.03, 22.05, the Guidelines for Environmental Audit Overlay and Heritage Overlay Schedule 330;

IP the Scale and massing of the proposed development is appropriate having regard to the locational

characteristics of the site, the emerging built form character envisaged for the Smith Street Major Activity

Centre, the Brunswick Street Major activity Centre, Queens Parade Heritage Precinct and the amenity of

adjoining land;

• 4 Does not impose any detrimental amenity impacts on the public domain or adjacent properties;

4 Is visually interesting and will enhance the Queens Parade streetscape and neighbourhood characteristic;

• 4 Provides for a high level of amenity for the future occupants of the development; and

4 All traffic engineering considerations have been appropriately assessed and addressed.

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