Attachments: 1. Supporting Attachment 2. Locality Plan 3. Plans 4. Delegate Report 1 Report to the Future Melbourne (Planning) Committee Agenda item 6.1 Planning Permit Application: TP-2014-1068 3 and 5-15 Shiel Street, North Melbourne 2 June 2015 Presenter: Karen Snyders, Planning Coordinator Purpose and background 1. The purpose of this report is to advise the Future Melbourne Committee of a Planning Application at 3-5 Shiel Street, North Melbourne (refer Attachment 2 – Locality Plan). The applicant is Spec Property Pty Ltd C/- Ratio Consultants Pty Ltd, the owner is Carnegie First Pty Ltd and Leigh Corp Pty Ltd and the architects are Inhabit Design. 2. The application seeks approval for the construction of a multi-storey residential building and a reduction of the car parking requirements. The development comprises two residential apartment buildings of 3-5 storeys in height fronting Shiel Street and 8-10 storeys in height located at the rear of the site. A total of 65 dwellings (21 x one bedroom, 42 x two bedrooms and two x three bedrooms) with 54 car parking spaces and 65 bicycle parking spaces are proposed. No other land use is proposed. 3. The subject site is located within Mixed Use Zone and is affected by an Environmental Audit Overlay. 4. The subject site sits within the Arden Macaulay Structure Plan Area (Amendment C190), which among other things, seeks to introduce height and built form controls via the proposed Design and Development Overlay Schedule 60 (DDO60). 5. The application was advertised and received 21 objections. Key issues 6. Key issues to consider in this application are built form and design (including compliance with the proposed DDO60), the proposed through block link, traffic and parking, potentially contaminated land, and environmentally sustainable design. 7. Subject to conditions requiring a reduction in height of the taller building, the proposed development provides an appropriate response to Clause 22.17 urban design outside the Capital City Zone and satisfies the height and setback requirements, objectives and built form outcomes for Area 11 of proposed DDO60. 8. The provision of a new laneway along the north-western boundary of the site as sought by proposed DDO60 is not included as part of this proposal. This approach is supported as the feasibility of the proposed laneway is questionable and undesirable in terms of public benefit and safety. 9. The provision and arrangement of the proposed car parking, bicycle parking and traffic are considered acceptable subject to the recommended permit conditions. 10. The appropriate standard permit conditions are included requiring a statement or certificate of environmental audit to ensure the land is suitable for the intended use. Recommendation from management 11. That the Future Melbourne Committee resolves that a Notice of Decision to Grant a Planning Permit be issued to TP-2014-1068 3 and 5-15 Shiel Street, North Melbourne, subject to the conditions listed in the delegate report (refer Attachment 4). Page 1 of 46
Report to the Future Melbourne (Planning) Committee Agenda item 6.1 Planning Permit Application: TP-2014-1068 3 and 5-15 Shiel Street, North Melbourne
2 June 2015
Presenter: Karen Snyders, Planning Coordinator
Purpose and background
1. The purpose of this report is to advise the Future Melbourne Committee of a Planning Application at 3-5 Shiel Street, North Melbourne (refer Attachment 2 – Locality Plan). The applicant is Spec Property Pty Ltd C/- Ratio Consultants Pty Ltd, the owner is Carnegie First Pty Ltd and Leigh Corp Pty Ltd and the architects are Inhabit Design.
2. The application seeks approval for the construction of a multi-storey residential building and a reduction of the car parking requirements. The development comprises two residential apartment buildings of 3-5 storeys in height fronting Shiel Street and 8-10 storeys in height located at the rear of the site. A total of 65 dwellings (21 x one bedroom, 42 x two bedrooms and two x three bedrooms) with 54 car parking spaces and 65 bicycle parking spaces are proposed. No other land use is proposed.
3. The subject site is located within Mixed Use Zone and is affected by an Environmental Audit Overlay.
4. The subject site sits within the Arden Macaulay Structure Plan Area (Amendment C190), which among other things, seeks to introduce height and built form controls via the proposed Design and Development Overlay Schedule 60 (DDO60).
5. The application was advertised and received 21 objections.
Key issues
6. Key issues to consider in this application are built form and design (including compliance with the proposed DDO60), the proposed through block link, traffic and parking, potentially contaminated land, and environmentally sustainable design.
7. Subject to conditions requiring a reduction in height of the taller building, the proposed development provides an appropriate response to Clause 22.17 urban design outside the Capital City Zone and satisfies the height and setback requirements, objectives and built form outcomes for Area 11 of proposed DDO60.
8. The provision of a new laneway along the north-western boundary of the site as sought by proposed DDO60 is not included as part of this proposal. This approach is supported as the feasibility of the proposed laneway is questionable and undesirable in terms of public benefit and safety.
9. The provision and arrangement of the proposed car parking, bicycle parking and traffic are considered acceptable subject to the recommended permit conditions.
10. The appropriate standard permit conditions are included requiring a statement or certificate of environmental audit to ensure the land is suitable for the intended use.
Recommendation from management
11. That the Future Melbourne Committee resolves that a Notice of Decision to Grant a Planning Permit be issued to TP-2014-1068 3 and 5-15 Shiel Street, North Melbourne, subject to the conditions listed in the delegate report (refer Attachment 4).
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1
Supporting Attachment
Legal
1. Division 1 of Part 4 of the Planning and Environment Act 1987 (Act) sets out the requirements in relation to applications for permits pursuant to the relevant planning scheme.
2. As objections have been received, sections 64 and 65 of the Act provide that the responsible authority must give the applicant and each objector notice in the prescribed form of its decision to either grant a permit or refuse to grant a permit. The responsible authority must not issue a permit to the applicant until the end of the period in which an objector may apply to the VCAT for a review of the decision or, if an application for review is made, until the application is determined by the VCAT.
Finance
3. There are no direct financial issues arising from the recommendations contained in this report.
Conflict of interest
4. No member of Council staff, or other person engaged under a contract, involved in advising on or preparing this report has declared a direct or indirect interest in relation to the matter of the report.
Stakeholder consultation
5. Formal notification of the application was carried out in June 2014 by notices to the owners and occupiers of adjoining land and via a series of signs on the site. Concerns raised by objectors and Council’s Planning officers were taken into consideration by the applicant who provided amended plans. Notification of the amended application was undertaken in November 2014 by posting letters to all objectors and making the plans available for viewing on the Council website.
Relation to Council policy
6. Relevant Council policies are discussed in the attached delegate report (refer Attachment 4).
Environmental sustainability
7. Pursuant to Clause 22.19 of the Melbourne Planning Scheme, Environmentally Sustainable Design (ESD) report was provided with the application indicating that the proposal will achieve a four star green star rating. Due to changes to the proposal required by recommended permit conditions, a revised ESD statement is to be required by permit condition to ensure the development satisfies the requirements of Clause 22.19.
Address: 3 and 5-15 Shiel Street, NORTH MELBOURNE VIC 3051
Proposal: Construction of a multi-storey residential development and reduction in car parking requirements
Date of application: 1 December 2014
Responsible officer: Evan Counsel
1 SUBJECT SITE AND SURROUNDS The subject site is located on the southwest side of Shiel Street, approximately 20 metres northwest of its intersection with Haines and Dryburgh Streets, North Melbourne.
The land is irregular in shape and comprised of two lots, with a frontage to Shiel Street of 37.95 metres and a maximum depth of 33.7 metres. According to the City of Melbourne’s GIS system the combined sites of 3 and 5-15 Shiel Street, North Melbourne have a total area of approximately 1284sqm.
The site has a fall from the Shiel Street frontage to the rear (west), which is consistent with the topography of the area. This fall is over 7 metres along the western boundary and over 2 metres along the eastern boundary. The site slopes down by approximately 2 metres from west to east, towards Dryburgh and Haines Streets.
Inspections of the site and surrounding area have been undertaken on several occasions. 3 Shiel Street is currently vacant, whilst 5-15 Shiel Street is currently occupied by a brick industrial building that houses the Wood Accident Repair Centre.
Existing crossovers are located at the northern and southern boundaries of 5 Shiel Street, with Shiel Street also provided with a crossover to the primary street frontage.
Shiel Street itself comprises a single lane of traffic in either direction, with parallel parking along the southern side and angle parking on the northern side.
Two street trees are located in front of the site in Shiel Street.
The site is not affected by any easements or restrictive covenants.
To the north-west, the site abuts the car park of the Public Records Office at 98-166 Macaulay Road North and 99 Shiel Street.
To the north-east, across Shiel Street, are a number of one and two storey heritage dwellings.
To the south-east, at 1 Shiel Street is an existing single storey warehouse which is currently vacant. This site is subject to an approved development for a part five level and part six-level building comprising 34 dwellings.
To the south-west, at 104- 112 Haines Streets, is a vacant site with a current application for planning permit seeking a 13 level development comprising 143 dwellings
Further to the South is Gardiner Reserve, located at the south side of Haines Street. Gardiner Reserve is a 677 square metre triangular area of public open space with lawn, playground equipment and picnic tables.
2 BACKGROUND AND HISTORY 2.1 Pre-application discussions The site and a potential proposal was first discussed with Senior Planning Officers from the City of Melbourne at a pre-application meeting in June of 2014. Issues discussed at this meeting and in subsequent correspondence included the status of Amendment C190, the specific controls envisaged by proposed DDO60, and the nature of the central courtyard.
2.2 Planning Application History The following applications, listed as considered relevant to the current proposal, have previously been considered for the subject site and/or adjoining sites:
TP number Description of Proposal Decision & Date of Decision
TP-2014-955
104-110 and 112 Haines Street.
Buildings and works to construct a 13 level building comprising 143 dwellings and associated waiver of car parking requirements
The applicant has lodged an application under Section 97 of the Act (failure to make a decision within the prescribed time) with VCAT.
If a decision could have been made by the City of Melbourne on the application, it would have been decided to refuse the application.
TP-2014-419
114-116 Haines Street
Proposed ten-level apartment building Under assessment
TP-2014-115
1 Shiel Street
Construction of a six storey building comprising 34 apartments and associated car and bicycle parking
Permit 14 October 2014
TP-2008-684
118 Haines Street
Four three-storey dwellings. Permit 20 August 2010.
Completed and occupied.
TP-2006-543/A Two five storey buildings for 75 dwellings Permit 8 February 2010
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64-96 Macaulay Road
Completed and occupied.
TPM-2001-31
36-96 Macaulay Road (included also 1 Shiel Street, 104-110, 112, 114-116 and 118 Haines Street)
Multiple residential dwellings, office and retail uses , car parking vehicular access and landscaping.
(203 apartments and 239 car parking spaces in seven buildings ranging from three to five storeys)
Permit issued at direction of VCAT on 14 July 2003
3 PROPOSAL The proposal seeks to demolish the existing buildings on the site and construct a new building of 3-10 storeys, including basement car parking and vehicular access from Shiel Street. A reduction of the standard car parking requirements at Clause 52.06 is also sought.
The plans which have been considered in the assessment of the application are those prepared by Inhabit Design dated 23 January 2015.
The gross floor area of the proposal is 5,016 square meters.
As stated within the Town Planning Report which accompanied the application, the proposed development is summarised as follows:
A total of 65 dwellings (21 x one bedroom, 42 x two bedrooms and 2 x three bedrooms) within two separate buildings. The lower building (3 – 5 storeys in height) fronts Shiel Street, while the higher building (8 – 10 storeys in height) is located at the rear of the site. The two buildings are joined via a common walkway at ground – Level 4.
All apartments are provided with balconies or courtyards with areas between 5 and 94sqm. A central communal open space area provides an additional landscaped retreat for residents.
The common building entrance is close to the eastern boundary to Shiel Street. Dwellings fronting Shiel Street at ground floor are designed as two storey loft apartments and have direct pedestrian access (excluding G.05). Within the building, all apartments are accessible by the lifts and stairwell in the south building. Loft apartments fronting Shiel Street are all provided with internal stairs.
There are two levels of basement car parking, accessed via car lifts from a widened existing crossover close to the western boundary. A total of 54 car spaces are provided across the basement levels, with a number of scooter bays. 65 bicycle spaces are provided at the basement levels, with 8 visitor bicycle spaces provided to the street frontage. Storage cages are also provided for residents at the basement levels.
Services at basement levels include various meters / switch rooms, a 10,000L water tank under the northwest corner of basement B2, a 10,000L water tank in southeast corner of basement B1, a substation abutting the car lift to ground floor, waste room at basement B1 in southeast corner, AC units for the front building at Level 2, service cores to the south of the stairwell for the southern building up to Level 5 and a plant room at Level 7.
Zero setback to Shiel Street, with cut-outs to the balconies and small setbacks to the ground floor entrances of approximately 1.5 metres.
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The building has a maximum overall height of 10.42 metres to the midpoint of the Shiel Street frontage.
Existing redundant crossovers to Shiel Street are to be removed, with kerbing and nature strips to be reinstated.
All existing vegetation on site is to be removed, with street trees to be retained. Landscaping opportunities include canopy trees in the southwest corner of the site and within the central communal courtyard. Additionally, bamboo groves are proposed to the central courtyard, to limit views between apartments and to provide visual interest to this component of the building.
Materials and finishes are of a high quality and include face brickwork to the Shiel Street façade, interspersed with timber cladding, screen walls, precast concrete and glazing.
4 STATUTORY CONTROLS The following clauses in the Melbourne Planning Scheme require a planning permit for this proposal:
Clause Permit Trigger
Clause 32.04
Mixed Use Zone
Pursuant to Clause 32.04, a permit is required to construct two or more dwellings on a lot. Clause 55 does not apply to a development of five or more storeys in height.
Clause 45.03
Environmental Audit Overlay
Pursuant to Clause 45.03, before a sensitive use (residential use) commences or before the construction or carrying out of any buildings and works in association with a sensitive use commences, a certificate or statement of Environment Audit must be issued.
Clause 52.06
Car Parking
Pursuant to Clause 52.06-1 a permit is required to reduce the standard car parking requirement. Clause 52.06-5 requires one space per dwelling for two bedrooms or less and visitor spaces at a rate of one space for every five dwellings.
The application generates a requirement for 80 car parking spaces with a total of 54 spaces proposed to be provided. Therefore a permit is required to reduce the standard car parking requirement.
Clause 52.34
Bicycle Parking
Pursuant to Clause 52.34 a new use must not commence until the required bicycle facilities have been provided on site. A permit is required to reduce the standard requirement. The table to this clause requires one resident space for every five dwellings and one visitor space to each ten dwellings.
A total of 20 bicycle parking spaces are required and the application proposes 65 spaces. As such a permit is not required under the provisions of this clause.
5 STRATEGIC FRAMEWORK 5.1 State Planning Policy Framework (SPPF) The relevant provisions of the SPPF are summarised as follows:
• Clause 9 Plan Melbourne
• Clause 10.02 Goal
• Clause 11.02 Urban Growth
• Clause 11.04-2 Housing Choice and Affordability
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• Clause 11.04-4 Liveable Communities and Neighbourhoods
• Clause 13.03-1 Use of contaminated and potentially contaminated land
• Clause 15.01-1 Urban Design
• Clause 15.01-2 Urban Design Principles
• Clause 15.01-4 Design for Safety
• Clause 15.01-5 Cultural Identity and Neighbourhood Character
• Clause 15.02-1 Energy and Resource Efficiency
• Clause 16.01-1 Integrated Housing
• Clause 16.01-2 Location of Residential Development
• Clause 16.01-4 Housing Diversity
• Clause 18.02-1 Sustainable Personal Transport
• Clause 18.02-2 Cycling
• Clause 18.02-5 Car Parking
• Clause 19.03-3 Stormwater
• Clause 19.03-5 Waste and resource recovery
5.2 Local Planning Policy Framework (LPPF) 5.2.1 Municipal Strategic Statement (MSS) The MSS was updated by the gazettal of Amendment C162 on 12 September 2013.
Clause 21 of the MSS sets out the vision, objectives and strategies for managing land use change and development under four themes of land use, built form, transport and environment with each theme broken down into sub-themes.
Clause 21.04-1 Growth Area Framework identifies the subject site as being in Area 6 – the proposed Arden-Macaulay Urban Renewal Area.
The subject site and the adjoining land zoned as Mixed Use are now formally identified as being within Stage 1 of the Arden- Macaulay proposed urban renewal area, thus distinguishing it from other parts of North Melbourne that are not expected to experience significant change or re-development.
For the proposed urban renewal areas, the City of Melbourne has prepared structure plans and carried out related studies and reviews, including heritage reviews. A planning scheme amendment for the Arden- Macaulay Stage 1 area was exhibited in 2012 as Amendment C190 to the Melbourne Planning Scheme.
In response to submissions received, Council made changes to the proposed amendment including details of a new Design Development Overlay 60, which would apply to the subject site.
This version of Amendment C190 is referred to as the ‘Panel version’.
As the subject site is already zoned Mixed Use, it is not proposed to be rezoned by C190. It is proposed, however, to introduce a Design Development Overlay (DDO 60 Area 11) to guide building heights and setbacks for new development. The implications of the Structure Plan and preferred building envelope are discussed in detail below.
Hearings by an independent Panel of the submissions to the proposed amendment commenced in September 2013 but were adjourned when announcements were
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made about construction of part of the East-West Link along the alignment of the Moonee Ponds Creek.
It was at the time proposed that the Panel would reconvene to consider issues arising from the East-West Link proposal.
However, the new Victorian Government has decided not to proceed with the East-West Link project which removes the need to assess the impact of the Project on the Arden-Macaulay area and on the progress of Amendment C190.
Given the time that has elapsed in this matter, the City of Melbourne (in agreement with the Panel), has providing the public an opportunity to make late written submissions on Amendment C190 if they have not already done so, prior to the Panel reconvening its hearing to review the Amendment and the submissions.
The proposed amendment is to be made available from 4 May to 5 June on the City of Melbourne website and in print copy at level 3 in Council House 2.
City of Melbourne will mail letters to the owners and occupiers of properties within and surrounding the area affected by the amendment, to residents groups, to submitters to the Amendment and to submitters to the Arden Macaulay Structure Plan. These letters will update them on the process to date, advise of the next steps and invite written submissions from those who did not lodge one in 2012, when the Amendment was exhibited. The submissions lodged in 2012 have been retained by the panel.
A public information session was held at the Kensington Town Hall on Thursday 21 May at 6.30pm. The purpose of this session was to explain the Amendment and how to make a written submission.
All written submissions will be referred by officers directly to the Panel and posted for information on the City of Melbourne website.
The dates for the opportunity to make a late written submission are:
• Monday 4 May 2015 – Mail-out and Participate Melbourne website goes live
• Thursday 21 May 2015– Public information session
• Friday 5 June 2015 – Closing date for written submissions
• Monday 15 June 2015 – The panel’s directions hearing
• Monday 6 July 2015 – Commencement of the panel’s public hearing (likely to run for two weeks)
5.2.2 Local Policies The relevant local policies are summarised as follows:
• Clause 22.02 Sunlight to Public Places
• Clause 22.17 Urban Design outside the Capital City Zone
6 ZONE The subject site is located within the Mixed Use Zone. The purposes of the Mixed Use Zone include:
• To provide for a range of residential, commercial, industrial and other uses that complement the mixed-use function of the locality.
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• To provide for housing at higher densities.
• To encourage development that responds to the existing or preferred neighbourhood character of the area.
7 OVERLAY The subject site is affected by an Environmental Audit Overlay, the purpose of which is to ensure that potenially contaminated land is suitable for a use that could be significantly adversely affected by any contamination.
Clause 43.05-1 states:
‘Before a sensitive use (residential use, child care centre, pre-school centre or primary school) commences or before the construction or carrying out of buildings and works in association with a sensitive use commences, either:
- 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 1970 must make a statement in accordance with Part IXD of that Act that the environmental conditions of the land are suitable for the sensitive use’.
8 PARTICULAR PROVISIONS The following particular provisions apply to the application:
• Clause 52.06 Car Parking
• Clause 52.34 Bicycle Facilities
• Clause 52.35 Urban Context Report and Design Response for Residential Development of Four or More Storeys
• Clause 52.36 Integrated Public Transport Planning
9 GENERAL PROVISIONS The following general provisions apply to the application:
• Clause 65 Decision Guidelines, which includes the matters set out in Section 60 of the Planning and Environment Act 1987.
• Clause 66 Referral and Notice Provisions
10 OTHER RELEVANT DOCUMENTS 10.1 Amendment C190 — Arden Macaulay Amendment C190 is the implementation of land use and built form controls for the Arden-Macaulay area, Kensington and North Melbourne. Amongst other matters this proposes a new Design and Development Overlay Schedule 60 that will affect the subject site.
The overarching design objectives of this DDO are as follows:
To ensure the preferred character of Arden Macaulay develops as a compact, high density, mid-rise, walkable and high amenity neighbourhood.
To provide for mid-rise 6 – 12 storey development, stepping down at the interface with the low scale surrounding established residential neighbourhoods.
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To ensure the scale, height and setbacks of new buildings at the interface with the surrounding established residential neighbourhoods is compatible with the scale, amenity and context of these areas.
To create urban streetscapes within the area that are defined by a generally consistent plane of building facades that collectively enclose the sides of the streetscapes whilst allowing good levels of daylight and sunlight to penetrate to the streets and to lower building levels.
To ensure buildings align to the street edge.
To deliver a fine grain of built form creating architectural variety and interest along streets by encouraging buildings with wide street frontages to be broken into smaller vertical sections.
To create streetscapes that have a high level of pedestrian comfort in terms of their scale, access to sunlight, daylight and sky views.
To provide shelter for pedestrians on primary streets from the rain, wind and sun without causing detriment to building or streetscape integrity.
To ensure new development respects the character, form, massing and scale of adjoining heritage buildings and places.
To improve the neighbourhood walkability by introducing a fine-grain network of laneways/through links, which is integrated with the pattern of development of adjacent areas, maximises permeability for pedestrian movement and accommodates vehicular and service access to developments.
To ensure that development provides a high level of amenity for building occupants.
To create a streetscape microclimate where street trees will flourish.
To encourage the ground floor of buildings to be designed so that they can be used for a variety of uses over time.
To promote a visual link of the public realm with the first five levels of the building and facilitate the passive surveillance of the public realm.
The site is located within Area 11 of this DDO, and the following guidelines are applicable:
Preferred maximum building height of 30 metres
Maximum street edge height for Shiel Street must be equal to 10.5 metres and Haines Street must be equal to 14 metres
Preferred building envelope from street for development along Shiel Street where it should be within the line of sight as shown in figure 10 below.
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Figure 10
With regards to the above recommended heights and setbacks, the following Built Form Outcomes must be considered:
• Deliver scale of development that provides street definition and a high level of pedestrian amenity, including access to sunlight to ground floor, sky views and a pedestrian friendly scale.
• Setback of higher building form along the interface with established low-scale residential to deliver a scale of development that responds appropriately to the existing context, provides a transition in height and minimises the visual impact of upper levels.
This “Panel version” of the proposed DDO60 is a refinement of the exhibited version, and has been adopted by the Council.
The Planning and Environment Act 1987 states at Clause 60(1A) that
‘Before deciding on an application, the responsible authority, if the circumstances appear to so require, may consider (inter alia):
(g) any other strategic plan, policy statement, code or guideline which has been adopted by a Minister, government department, public authority or municipal council; and
(h) any amendment to the planning scheme which has been adopted by a planning authority but not, as at the date on which the application is considered, approved by the Minister or a planning authority.’
This is therefore a document that the responsible authority can rightly consider in assessing the current application.
11 PUBLIC NOTIFICATION It was determined that the proposal may result in material detriment. Notice of the proposal was given by ordinary mail to the owners and occupiers of surrounding properties and by posting one notice on the site for a 14 day period, in accordance with Section 52 of the Planning and Environment Act 1987.
12 OBJECTIONS A total of 21 objections were received, and raised the following concerns with the proposal:
• Does not adhere to the Arden-Macaulay Structure Plan
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• Proposal is not in keeping with the character of the area
• The proposal is an overdevelopment of the site
• Excessive building height
• Excessive density/number of apartments
• Inadequate internal amenity for future residents
• Impact to Gardiner Reserve in terms of increased use and overshadowing
• Inadequate car parking provision for residents and their visitors
• Access to on-street parking
• Increased pedestrian and vehicular traffic
• Safety of the proposed vehicle access
• Local public transport options in the area are insufficient
• Heritage controls/restrictions that affect 2-10 Shiel Street (directly adjacent to the subject site) should also apply to the subject site.
• Overcrowding and increased pressure on existing aged care and childcare services, and the primary school and secondary school
• Lack of public infrastructure to support the proposed increased population of this site and others nearby
13 CONSULTATION Given the receipt of the above objections, the following consultation was undertaken:
• A copy of all objections were provided to the applicant
• Telephone conversations with the applicant and objections.
No further consultation with objectors was arranged.
14 REFERRALS 14.1 Internal The application was referred internally to:
14.1.1 Urban Design Urban Design were generally supportive of the proposal subject to the inclusion of a number of recommendations.
Urban Design stated that:
The applicant has provided a well-considered context analysis that demonstrates understanding of the opportunities and constraints surrounding the sites design and development. The chosen building typology is a well-considered proposition. This building typology has many merits as it facilitates ground floor open space, northern orientated apartments and the potential for cross ventilation. Generally, the design of the façade and building entries are well-resolved and the proposed development makes a positive contribution to the street.
Concern was raised in relation to the proposed height of the rear built form component, potential overshadowing and overlooking of the proposed future development on the south western boundary, and the provision of adequate building separation.
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Urban Design recommended the following:
1. The building separation distance between the proposed 3 storey building and the rear building is increased to a minimum of 9m to achieve acceptable amenity, particularly with regards to overlooking.
2. A setback of 4.5m from the south western site boundary to achieve a minimum building separation of 9m and equitable development potential for the adjoining property. We suggest that both buildings are single loaded corridors to achieve the minimum separation distances, enhanced amenity and apartments with multiple aspects.
3. A reduction in height to achieve a maximum height of 6 storeys.
4. The inclusion of operable windows to allow for cross-ventilation in single loaded apartments
5. We recommend providing a setback of 2.5 metres from the north-western boundary to facilitate a through link as shown in the Arden Macaulay Structure Plan.
Should a permit issue these are matters that can be dealt with via permit conditions and are discussed further within the assessment at section 15 of this report.
14.1.2 Engineering Services
Traffic Traffic Engineering The following comments in response to this application were received from Engineering Services on 30 April 2015.
The issues raised have been dealt with via permit conditions contained within the recommendation of this report.
Parking Provision
The statutory parking requirement of the proposal is discussed in Section 4.1 of the Traffic Report prepared by Ratio. The proposal has a statutory parking requirement of 80 car spaces, including 67 residential spaces and 13 visitor spaces.
It is proposed to provide 54 car parking spaces. Of the 65 apartments, 12 one-bedroom apartments will not have any on-site parking allocated, leaving 52 of the remaining 53 apartments with 1 car space each, and 1 apartment with 2 spaces.
Given the location of the site and the size of the apartments Engineering Services accepts that the provision of resident parking as proposed is appropriate.
However, given the number of apartments proposed, and the major changes that are occurring to the uses in the vicinity of the subject site, it is considered that the applicant cater for at least the peak daytime visitor parking demand (ie seven (7) spaces based on 0.1 spaces per apartment) off street as it is likely to be unsustainable if all of the new residential developments in the area rely totally on on-street visitor parking.
The applicant should also be advised that Council cannot guarantee that the current parking availability, especially within the short section of unrestricted parking located on the southwest side of Shiel Street, will remain in the near future. Any demand that is placed on existing parking stocks by residents of
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the proposed development may trigger requests by residents of this area to tighten parking restrictions. As result, Council would then be required to extend resident parking restrictions and remove the unrestricted parking.
It should be further noted that the proposed development falls within a Resident Parking Scheme (Area 5). The applicant should be advised that no parking permits will be issued to residents or their visitors, nor will existing parking restrictions necessarily be changed to suit the occupants of the proposed development or their guests.
Bicycle Parking Provision
It is noted that in Section 4.6 of the Traffic Report, Table 4.3 references the Planning Scheme bicycle parking requirement against 69 units, rather than the 65 that are proposed. The statutory requirement for bicycle parking for the development is therefore 20 spaces (rather than 21) comprising 13 resident spaces and 7 visitor spaces.
With 65 resident bicycle spaces proposed, the development exceeds that aspect of the Planning Scheme requirement. This is appropriate given the location of the site in relation to cycle facilities and the lack of car parking provided (and hence the need for residents to use other travel modes).
The provision of 8 visitor bicycle spaces meets the Planning Scheme requirement. However, these spaces should be provided on the site rather than on-street.
Car Parking Layout
Access to the basement car park levels is proposed via a 6.7m wide crossover to Shiel Street and two car lifts (one for entry and one for exit movements). A pedestrian sight triangle is provided on the exit side of the driveway in accordance with Clause 52.06-8.
The car lifts specified are the Southwell scissor lift. The specifications given in the Ratio report will accommodate a B99 vehicle. The plans show room for one car to queue while waiting for the lift which is considered acceptable. The lifts will be activated by remote control.
Car space and aisle width dimensions are in accordance with Clause 52.06. However, Engineering Services has concerns with the number of small car spaces provided (10 out of 54 = almost 20%). As car parking spaces are typically allocated on-title to a specific apartment, it is not appropriate to have so many small car spaces. Rather than encourage small car ownership, these small car spaces often result in vehicle damage, as residents who own a large car have no option but to use the space allocated to them. Additionally, it is noted that many small cars are as wide as larger cars and need width to open car doors without damaging adjacent vehicles. It appears that some of the small car spaces can be reline marked as ‘normal’ spaces and this should be done where feasible. Additionally, consideration should be given to changing the 2 small car spaces at both levels near the car lifts into 1 more generous space (perhaps with an adjacent motorcycle space) to make manoeuvring more convenient.
All columns should be located in accordance with Diagram 1 of Clause 52.06-8.
According to the Ratio report, minimum headroom of 2.2m is provided in the car lifts and within the basement car park levels and this is acceptable.
Traffic impact and generation
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It is accepted that the traffic impact of the development will be acceptable.
Conclusion
Engineering Services has raised a number of issues and recommends that these be considered prior to a permit being issued for the proposal.
Infrastructure (Civil Design) Engineering Infrastructure offered no objection to the proposal and requested a number of standard conditions be included on any permit that may issue.
The requested conditions have been included in the recommendation of this report.
Waste Waste Services were generally supportive of the proposal noting that The WMP prepared by Leigh Design dated 26 November 2014 complies with the City of Melbourne's 2014 Waste Guidelines and is satisfactory.
The development plans show twin chutes that are accessible at each level, which is ideal. The chutes discharge into large bins in the bin room located at basement level 1. Details of how chutes line up with bins has not been shown and is required. This may require a rearrangement of bins and walls in the bin room and hard waste room. A condition has been included in the recommendation of this report to address this matter.
It was also requested that a condition be included on any permit that may issue to require waste storage and collection arrangements must be in accordance with the Waste Management Plan (WMP) prepared by Leigh Design dated 26 November 2014.
14.1.3 Land Survey Land Survey had no comments to offer in relation to this application.
14.2 External The application was referred externally to Public Transport Victoria in accordance with Clause 52.36 Integrated Public Transport.
14.2.1 Public Transport Victoria Public Transport Victoria, pursuant to Section 56(1) of the Planning and Environment Act 1987 does not object to the grant of a planning permit subject to the following conditions:
Conditions:
1. The permit holder must take all reasonable steps to ensure that disruption to bus operation along Shiel Street is kept to a minimum during the construction of the development. Foreseen disruptions to bus operations and mitigation measures must be communicated to Public Transport Victoria fourteen days (14) prior.
This condition has been included in the recommendation of this report.
15 ASSESSMENT The application seeks to demolish the existing buildings on the site and construct a new building of 3-10 storeys, including basement car parking and vehicular access off Shiel Street. A reduction of the standard car parking requirements of the Melbourne Planning Scheme is also sought.
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Under the current planning controls, a planning permit is required to construct two or more dwellings on a lot in the Mixed Use Zone and to reduce the car parking requirements of Clause 52.06 for residents and visitors.
The provision of higher density residential development to support Melbourne’s growing population is supported in this location by the State Planning Policy Framework (including the Metropolitan Planning Strategy - Plan Melbourne), and Council’s Local Planning Policy Framework which identifies Arden Macaulay as a designated urban renewal area. The current focus is on how, and in what form, this higher density residential development will be delivered.
The subject site sits within an area that is subject to a current Planning Scheme Amendment C190 – Arden Macaulay. Amendment C190 seeks to implement land use and built form controls/objectives for the Arden-Macaulay area primarily via the introduction of Design Development Overlay 60 (DDO60).
The amendment seeks to provide further direction on what development outcomes are generally appropriate within the area, and is a document that the responsible authority can rightly consider in assessing the current application.
A number of issues have been raised regarding how this proposal relates to a separate development proposal (TP-2014-955) for the adjoining land to the south-west at 112 Haines Street. An application under Section 79 of the Act (failure to make a decision within the prescribed time) has been lodged with VCAT for TP-2014-955. The City of Melbourne has acknowledged that if a decision could have been made on the application, it would have been decided to refuse the application on grounds relating to excessive scale, height, mass and insufficient setbacks from side and rear boundaries; non-compliance with DDO60; lack of visitor car parking; failure to allow for equitable development of adjoining site; and poor internal amenity of apartments.
The key issues for consideration in the assessment of this application are built form and design (including compliance with the proposed DDO60), potential amenity impacts, the proposed through block link, traffic and parking, potentially contaminated land, and environmentally sustainable design.
15.1 Built Form and Design The development is broken into two buildings. The lower building of 3-5 storeys fronts Shiel Street, while the higher building of 8-10 storeys is located at the rear of the site.
The City of Melbourne’s Urban Design acknowledged that this building typology has merit as it facilitates ground floor open space, northern orientated apartments, the potential for cross ventilation, and the design of the façade and building entries are well-resolved with the proposed development considered to make a positive contribution to Shiel Street.
The lower building fronting Shiel Street presents as predominantly three storey built form to the street with an additional fourth level ‘loft’ in the south-east corner (abutting 1 Shiel St) providing for two dual level apartments identified as apartments 3.04 and 3.05.
Due to the slope of the land, this lower building form has a maximum height of five storeys above natural ground level occurring toward the centre of the site.
Taken from the centre of the site frontage the proposed street wall height to Shiel Street is 10.42m, satisfying the 10.5m maximum street edge height specified by DDO60.
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The additional fourth level for apartments 3.04 and 3.05 is an acceptable design response given it is setback from the street edge, is limited to the south-east portion directly abutting 1 Shiel Street and is an appropriate response to what would otherwise be a blank wall of the recently approved development for 1 Shiel Street.
The higher building located to the rear of the site is setback approximately 15.9 metres from Shiel Street and will present as seven storeys when viewed from the Street.
Due to the slope of the land, this higher building form has a maximum height of nine storeys above natural ground level occurring toward the rear of the site and the shared boundary of 112 Haines Street.
The City of Melbourne’s Urban Designers have raised concerns in relation to the proposed height of the rear built form component and the provision of adequate building separation. A reduction in height to achieve a maximum height of 6 storeys, and a minimum building setback (including balconies) of 4.5m from the south western site boundary (rear of the site) were recommended to mitigate these concerns.
As proposed, the east elevation of the rear building would present a three level blank wall above the recently approved building at 1 Shiel Street.
The upper section of this wall would be highly visible from a number of vantage points, particularly views from surrounding streets and within Gardner Reserve and therefore fails to respond appropriately to the existing context. It is considered that the built form should provide an appropriate transition in height from the proposed development down to the approved development for 1 Shiel Street that minimises the visual impact of the uppermost levels and this is not currently achieved.
The section plan and rendered view from the Shiel/Haines/Dryburgh Street intersection below demonstrates the degree of discretion sought in regards to the preferred building envelope specified by proposed DDO60 and the unreasonable visual impact to the public realm that would result from this element of the proposal.
Level 6
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In viewing the section plan and rendered image above, it is considered that a reduction in height of the rear building by one level via the deletion of level six will significantly reduce the visibility of this wall to an acceptable level so as to not unreasonably impact upon the public realm (particularly views from surrounding streets and within Gardner Reserve). This will also bring the height and form of the rear building significantly closer to compliance with the preferred building envelope specified by proposed DDO60, with only a relatively small portion of the uppermost level extending outside the line of sight from the opposite side of Shiel Street. This is considered to be acceptable in the context of a backdrop of higher built form up to 30m that is predicated by proposed DDO60.
For the reasons set out above the proposed development provides an appropriate response to Clause 22.17 and satisfies the height and setback requirements, objectives and built form outcomes for Area 11 of proposed DDO60.
15.2 Internal Amenity The proposed building fronts Shiel Street. The two separate building forms allow the internal layout of the development to maximise solar access and ventilation to each dwelling. The configuration of the lift core and stair access ensures that common
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corridors are kept to a minimum to maximise daylight and solar access to the dwellings.
No living areas or bedrooms within the development rely on borrowed light.
All apartments are provided with balconies or courtyards with areas of between 5-94sqm and can be accessed from the living area of the dwellings. A central communal open space area provides an additional landscaped retreat for residents.
The provision of balconies and habitable room windows fronting Shiel Street are an important element in the facade treatment to provide a high level of activation and an articulated address to the street.
The proposal is considered to provide acceptable access to outlook, sunlight and ventilation and satisfies the requirements of the Higher Density Residential Guidelines.
15.3 Potential Amenity Impacts Concerns have been raised in regard to potential amenity impacts as a result of the proposed development. A condition of any permit to issue will be included to reduce the overall height of the taller rear building to ensure the development is designed to allow for the anticipated future development of adjoining land. Further, the provision of a minimum 4.5m metre setback to the south western site boundary (rear of the site) will be included as a condition on any permit that may issue. This will benefit both the subject site and the future development site at 112 Haines Street in terms of providing opportunity for reasonable outlook, sunlight and ventilation to occur.
15.3.1 Overshadowing Clause 22.02 includes the following relevant policy:
‘Development should not reduce the amenity of public spaces by casting any additional shadow on public parks and gardens, public squares, major pedestrian routes including streets and lanes (including all streets within the retail core of the Capital City Zone), and privately owner plazas accessible to the public between 11.00 am and 2.00 pm on 22 September.’
The DDO60 Area 11 built form controls have been designed to ensure new developments do not increase shadowing to Gardiner’s Reserve between the hours of 11.00 am and 2.00 pm on the 22 September.
Whilst many objectors have raised potential shadow impact during winter as a concern, the Melbourne Planning Scheme (consistent with the Victorian Planning Provisions) sets the Spring Equinox as the relevant test.
The height and setbacks of the proposed development will not result in any increased overshadowing of Gardiner Reserve between 11am and 2pm on the 22 September, or unreasonable overshadowing to the public realm or nearby properties as demonstrated in the shadow diagrams below.
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The proposal complies with the City of Melbourne’s policy on shadowing of public parks and other public spaces.
15.3.2 Overlooking The potential for overlooking between dwellings that may be developed to the south west of the site presents as a potential amenity impact as a result of the proposal.
A setback of 4.5m from the south western boundary coupled with a 4.5 metre setback on the adjoining site will result in a 9 metre separation ensuring there will be equitable access to outlook from both sites with no opportunities for unreasonable overlooking into the adjoining properties. At present there are no opportunities for unreasonable overlooking.
15.4 Through block link DDO60 seeks the provision of a new laneway/through connection along the northern boundary of the site, and states that developments which are required to provide a new laneway/through connection should provide laneway connections which are:
Safe, direct and attractive;
Publicly accessible;
Aligned with other lanes or pedestrian connections to provide direct routes through Kensington;
At least 6 metres wide, to accommodate vehicular movements (including turning into private properties), waste collection and landscaping opportunities; and
Open to the sky.
The location of the through new laneway/through connection sought by DDO60 is shown in blue on the map below.
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The provision of a 3m setback along the northern boundary of the subject site would be required to provide opportunity for a 6m wide laneway to be provided as further development of the area occurs.
Whilst a though block link in this location may have merit from a high level strategic perspective, the reality of delivering a safe, direct and publically accessible laneway is dependent on a number of area/site specific factors.
The areas shown in orange on the map above are buildings listed on the Victorian Heritage Register. The Victorian Heritage Listed building at 36 Macaulay Road and the adjacent five storey apartment building known as the Pumphouse Apartments are both located at the western end of the proposed through link and are likely to remain in situ. As a result, the feasibility of the proposed laneway being delivered as a complete through block link is questionable. This is further compounded by the considerably steep slope of the land from Shiel Street down to Macaulay Road.
For these reasons the provision of a 3m setback along the northern boundary of the subject site is not supported
15.5 Car Parking, Bicycle Parking and Traffic The City of Melbourne’s Traffic Engineers were generally supportive of the proposed parking provision noting the following key points (summarised):
The proposal has a statutory parking requirement of 80 car spaces, including 67 residential spaces and 13 visitor spaces.
It is proposed to provide 54 car parking spaces.
Of the 65 apartments, 12 one-bedroom apartments will not have any on-site parking allocated, leaving 52 of the remaining 53 apartments with 1 car space each, and 1 apartment with 2 spaces.
Given the location of the site and the size of the apartments Engineering Services accepts that the provision of resident parking as proposed is appropriate.
A revised car parking layout is required to reduce the number of small car spaces, noting the opportunity to change the two small car spaces at both basement levels near the car lifts into one more generous space. This would result in a reduction in the number of small care spaces from ten to six, whilst maintaining a minimum of 52 car parking spaces on-site.
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Due to increasing demand for car parking in this area a minimum of seven visitor car parking spaces should be provided on-site, and details of how visitors will gain access to these spaces.
Given the increased number of apartments being introduced into this area, on-site visitor parking spaces should be provided to address at least the peak daytime visitor parking demand (i.e. seven (7) spaces based on 0.1 spaces per apartment). Reliance on access on-street visitor only is likely to be unsustainable if all of the new residential developments in the area rely totally on on-street visitor parking.
No parking permits will be issued to residents of the proposed development or their visitors.
With 65 resident bicycle spaces proposed, the development exceeds the statutory requirement for bicycle parking for the development of 20 spaces.
A minimum of seven visitor bicycle parking spaces to be provided on-site, and details of how visitors will gain access to these spaces.
The traffic impact of the development will be acceptable.
The issues raised by the City of Melbourne’s Traffic Engineers in relation to on-site visitor car and bicycle spaces and small resident car parking spaces have been dealt with via permit conditions contained within the recommendation of this report.
The recommended permit condition requiring one level of the rear building to be removed will result in a reduction of seven 1-2 bedroom apartments. Reducing the total number of apartments proposed from 65 to 58.
The statutory requirement for car parking is therefore reduced by seven resident car parking spaces and one visitor space. This also creates the opportunity for these spaces to be re-allocated to the on-site visitor parking spaces as required by recommend permit conditions.
Considering the peak daytime visitor parking demand (i.e. seven (7) spaces based on 0.1 spaces per apartment) provided by Engineering Services, a minimum of six visitor car parking spaces should be provided on-site and will be required via condition should a permit issue.
Overall the provision and arrangement of the proposed car parking, bicycle parking and traffic are considered acceptable subject to the recommended permit conditions.
15.6 Potentially Contaminated Land The site is impacted by an Environmental Audit Overlay.
Clause 45.03-1 requires the following before a sensitive use (such as a residential use) commences or before the construction or carrying out of buildings and works in association with a sensitive use commences, either:
A certificate of environmental audit must be issued for the land, or
An environmental auditor must make a statement that the environmental conditions of the land are suitable for the sensitive use.
This requirement has been addressed by permit condition within the recommendations of this report.
15.7 Environmentally Sustainable Design The intent of Clause 22.19 (Energy, Water and Waste Efficiency) is to encourage ‘Australian Excellence’ for new multi-unit residential developments.
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Clause 22.19 requires that applications be accompanied by:
A Waste Management Plan.
An ESD Statement demonstrating how the development meets relevant policy objectives and requirements.
For buildings over 5,000 square metres in gross floor area the Sustainable Design Statement must include a statement from a suitably qualified professional verifying that the building has the preliminary design potential to achieve the relevant performance measures set out in Clause 22.19-5, including a 5 star green star rating and 1 point for Wat-1 credit.
The gross floor area of the proposal is 5,016 square meters.
A Sustainability Design Statement forms part of the application and satisfies the policy requirement that a proposal must have the ‘preliminary design potential’ to achieve the 5 star green start rating, however only commits to a 4 star green start rating.
The recommended conditions requiring removal of one level from the rear building, will result in a development of below 5,000 square metres in gross floor area and the policy requirement to demonstrate the ‘preliminary design potential’ to achieve the 5 star green start rating will no longer apply.
A revised Sustainability Design Statement to satisfy the relevant policy requirement is to be required via a condition of permit should one issue.
A Waste Management Plan (WMP) was provided with the application and complies with the City of Melbourne 2014 Waste Guidelines. However, due to the changes required by permit conditions, it is appropriate that a revised WMP be required via a condition of permit should one issue.
A Melbourne Water STORM report accompanies the application and successfully satisfies the policy requirements and overarching objectives of Clause 22.23 Stormwater Management (Water Sensitive Urban Design).
15.8 Response to objector concerns The preceding discussion seeks to address the concerns of objectors which have not yet been covered in the assessment of the application. The Arden Macaulay Structure Plan and the Municipal Strategic Statement seek to increase density in this location and encourage medium rise residential development. The site is well located with regards to community facilities including Gardiner Reserve, North Melbourne Oval, Pool and Recreation Centre, and Moonee Ponds Creek reserve and bike paths.
Heritage controls/restrictions affect 2-10 Shiel Street (directly adjacent to the subject site) do not apply to the subject site and this site was not identified as a site suitable for heritage protection as part of the recent Arden-Macaulay Heritage Review.
Concerns were raised regarding the overcrowding and increased pressure on existing aged care and childcare services, and the local primary school and secondary school. This is not something that can be dealt with within the scope of the assessment of this site specific development application. However, it is acknowledged that this is an area that will require due consideration by the public and private sector over time as the population in this area increases.
Bus and Tram services are both within a reasonable walking distance and North Melbourne and Macaulay Train Stations are within 1 km of the site.
The site is therefore considered well located for a medium density development.
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15.9 Conclusion It is considered that the proposal is consistent with the relevant sections of the Melbourne Planning Scheme and the provisions of proposed DDO60, as discussed above, and that a Notice of Decision to Grant a Permit be issued for the proposal subject to the following conditions.
16 RECOMMENDATION That a Notice of Decision to Grant a Permit be issued subject to the following conditions:
1. Prior to the commencement of the development (excluding any demolition or bulk excavation) on the land, two copies of plans, drawn to scale must be submitted to the Responsible Authority generally in accordance with the plans prepared by Inhabit Design dated 23 January 2015but amended to show:
a. A reduction in height of the rear building proper to a maximum RL of 30.20 and a commensurate reduction in the height of plant and services to a maximum RL of 31.30 to the top of the roof plant via the deletion of level 6.
b. A minimum building setback (including balconies) of 4.5m from the south western site boundary (rear of the site).
c. Operable windows provided to all habitable rooms.
d. A reduction in the number of small car parking spaces to a maximum of six, whilst maintaining a minimum of 52 car parking spaces on-site.
e. A minimum of six visitor car parking spaces to be provided on-site, and details of how visitors will gain access to these spaces.
f. A minimum of eight visitor bicycle parking spaces to be provided on-site, and details of how visitors will gain access to these spaces.
g. A revised bin room layout and any other changes as required by the Waste Management Plan required by condition 21.
h. The location of all external plant equipment, including air conditioner units, and details of screening proposed to limit views from public roads.
i. Location of satellite dishes, antennae and other external service facilities.
These amended plans must be to the satisfaction of the Responsible Authority and when approved shall be the endorsed plans of this permit.
2. The development as shown on the endorsed plans must not be altered or modified unless with the prior written consent of the Responsible Authority.
3. Prior to the commencement of the development (excluding any demolition, bulk excavation) a schedule and samples of all external materials, colours and finishes including a colour rendered and notated plan/elevation must be submitted to, and approved by the Responsible Authority.
4. No architectural features, plant and equipment or services other than those shown on the endorsed plans are permitted above roof level, unless with the prior written consent of the Responsible Authority.
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5. No more than one telecommunications receiver/television aerial may be erected on the buildings without the consent of the Responsible Authority.
6. All service pipes, apart from roof down pipes, must be concealed from the view of a person at ground level within common areas, public thoroughfares and adjoining properties to the satisfaction of the Responsible Authority.
7. All building plant and equipment on the roofs, balcony areas, common areas and public through fares must be concealed from the view of a person at ground level within common areas, public thoroughfares and adjoining properties to the satisfaction of the Responsible Authority.
Public Transport Victoria 8. The permit holder must take all reasonable steps to ensure that disruption to
bus operation along Shiel Street is kept to a minimum during the construction of the development. Foreseen disruptions to bus operations and mitigation measures must be communicated to Public Transport Victoria fourteen days (14) prior.
Traffic and parking 9. Prior to the occupation of the approved development, the area set aside for
the parking of vehicles and access ways shown on the endorsed plans must be constructed, surfaced, sealed, drained, delineated and maintained at all times to the satisfaction of the Responsible Authority.
10. The parking, loading and unloading area(s) shown on the endorsed plans must be kept available for that use at all times and the car parking spaces and access ways must not be obstructed or otherwise rendered inaccessible.
11. The areas set aside for car parking must be restricted to the parking of vehicles by owners and occupiers of, or visitors to, the building.
12. A warning device/sign should be installed at the car park entry alerting pedestrians when vehicles are exiting the building, to the satisfaction of the Responsible Authority.
Civil Design 13. All projections over the street alignment must be drained to a legal point of
discharge in accordance with plans and specifications first approved by the Responsible Authority – Engineering Services.
14. Prior to the commencement of the development, a stormwater drainage system incorporating integrated water management design principles must be submitted to, and approved, by the Responsible Authority - Engineering Services. This system must be constructed prior to the occupation of the development and provision made to connect this system to the City of Melbourne's stormwater drainage system.
15. Prior to the commencement of the use/occupation of the development, all necessary vehicle crossings must be constructed and all unnecessary vehicle crossings must be demolished and the footpath, kerb and channel reconstructed, in accordance with plans and specifications first approved by the Responsible Authority – Engineering Services.
16. The footpath adjoining the site along Shiel Street must be reconstructed together with associated works including the reconstruction or relocation of kerb and channel and/or services as necessary at the cost of the developer,
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in accordance with plans and specifications first approved by the Responsible Authority – Engineering Services.
17. Existing street levels in Shiel Street must not be altered for the purpose of constructing new vehicle crossings or pedestrian entrances without first obtaining approval from the Responsible Authority – Engineering Services.
18. A lighting plan must be prepared and submitted to the satisfaction of City of Melbourne. The lighting plan must be generally consistent with City Of Melbourne lighting strategy and conform with relevant Australian Standards, and include details of proposed fittings in a schedule on the plan and must be designed, baffled and located to the satisfaction of City Of Melbourne.
19. All pedestrian ramps must be designed and constructed in accordance with AS 1428:2009 Design for Access and Mobility and should be fitted with ground surface tactile indicators (TGI’s). Details of the TGI’s must be submitted to and approved by City of Melbourne – Engineering Services prior to their installation.
20. All street furniture such as street litter bins recycling bins, seats and bicycle rails must be supplied and installed on Shiel Street footpath outside the proposed building to plans and specifications first approved by the Responsible Authority – Engineering Services.
Waste Management 21. Prior to the commencement of the development, a revised Waste
Management Plan (WMP) shall be prepared and submitted to the City of Melbourne - Engineering Services. The WMP should detail waste storage and collection arrangements and be prepared with reference to the City of Melbourne Guidelines for Preparing a Waste Management Plan. Waste storage and collection arrangements must not be altered without prior consent of the City of Melbourne - Engineering Services.
22. All garbage and other waste material must be stored in an area set aside for such purpose to the satisfaction of the Responsible Authority.
23. No garbage bin or waste materials generated by the permitted use may be deposited or stored outside the site and bins must be returned to the garbage storage area as soon as practical after garbage collection, to the satisfaction of the Responsible Authority - Engineering Services.
Contaminated Land 24. Prior to the commencement of the development the owner of the site must
provide either:
a) A Certificate of Environmental Audit in accordance with Section 53Y of the Environment Protection Act 1970; or
b) A Statement of Environmental Audit under Section 53Z of the Environment Protection Act 1970. This Statement must specifically state that the site is suitable for the intended use(s) hereby permitted.
Where a Statement of Environmental Audit is provided, all the conditions of this Statement must be complied with to the satisfaction of the Responsible Authority and prior to the occupation of the building. Written confirmation of compliance must be provided by a suitably qualified environmental professional who is a member of the Australian Contaminated Land Consultants Association or other person acceptable to the Responsible
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Authority. In addition, the signing off of the Statement must be in accordance with any requirements in it regarding the verification of works.
If there are conditions on the Statement that the Responsible Authority consider requires significant ongoing maintenance and/or monitoring, the applicant must enter into a legal agreement in accordance with Section 173 of the Planning and Environment Act 1987 with the Responsible Authority. This Agreement must be executed on title prior to the occupation of the building. The owner must meet all costs associated with the drafting and execution of this agreement including those incurred by the Responsible Authority.
Environmentally Sustainable Design (ESD) Statement Implementation 25. Prior to the commencement of the development, a revised Environmentally
Sustainable Design (ESD) Statement shall be prepared by Simpson Kotzman Consulting Engineers or another suitably qualified professional and submitted to the satisfaction of the Responsible Authority. The ESD Statement must demonstrate that the building has the preliminary design potential to achieve the following:
a) 1 point for Wat-1 credit under a current version of the Green Building Council of Australia’s Green Star – Multi Unit Residential rating tool or equivalent.
26. The performance outcomes specified in the endorsed Environmentally Sustainable Design (ESD) Statement for the development must be implemented prior to occupancy at no cost to the City of Melbourne and be to the satisfaction of the Responsible Authority.
Any change during detailed design, which affects the approach of the endorsed ESD Statement, must be assessed by an accredited professional. The revised statement must be endorsed by the Responsible Authority prior to the commencement of construction.
Landscaping 27. No street tree adjacent to the site may be removed, lopped, pruned or root-
pruned without the prior written consent of the Responsible Authority.
28. Prior to the commencement of the development, a Tree Protection Management Plan (TPMP) shall be prepared and submitted to the City of Melbourne - Urban Landscapes.
The TPMP should be prepared with reference to the City of Melbourne Tree Protection and Removal Policy 2012.
Construction Management Plan 29. Prior to the commencement of the development, or bulk excavation, a
detailed construction and demolition management plan must be submitted to and be approved by the Responsible Authority – Construction Management Group . This construction management plan must be prepared in accordance with the City of Melbourne - Construction Management Plan Guidelines and is to consider the following:
a) public safety, amenity and site security.
b) operating hours, noise and vibration controls.
c) air and dust management.
d) stormwater and sediment control.
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e) waste and materials reuse.
f) traffic management.
Time Limit 30. This permit will expire if one of the following circumstances applies:
a) The development is not started within two years of the date of this permit.
b) The development is not completed within four years of the date of this permit.
The Responsible Authority may extend the permit if a request is made in writing before the permit expires, or within six months afterwards. The Responsible Authority may extend the time for completion of the development if a request is made in writing within 12 months after the permit expires and the development started lawfully before the permit expired.
NOTES
Under the Resident Priority Parking Permit scheme, occupiers of the development approved by this permit are not eligible to obtain resident priority parking permits or visitor vouchers.
Car parking spaces and access lanes shown on the endorsed plans may not comply with the requirements of Australian Standard AS/NZS 2890.1:2004, Parking Facilities - Off-Street Car-Parking, Standards Australia 2004. It is the responsibility of owners/users to resolve any difficulties.
Any requirement to temporarily relocate and/or remove street furniture must be first approved by the City of Melbourne – Manager Engineering Services Branch.
All street furniture temporarily relocated and/or removed must be reinstated to the satisfaction of the City of Melbourne – Manager Engineering Services Branch.
All necessary approvals and permits are to be first obtained from the City of Melbourne and the works performed to the satisfaction of the responsible authority – Manager Engineering Services Branch.
The noise from the air conditioner(s) must not be audible within a habitable room of any other residence before 7.00 am and after 10.00 pm Monday to Friday, or before 9.00 am and after 10.00 pm on weekends and public holidays, in accordance with the Environment Protection (Residential Noise) Regulations 1997
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