PLANNING COMMITTEE REPORT Agenda Item 5.11 13 November 2007 PLANNING APPLICATION: TP-2007-649, 138-144 ELGIN STREET, CARLTON Division Sustainability and Regulatory Services Presenter Con Livanos, Executive Officer Planning Purpose 1. To advise of an application for planning approval for buildings and works to the existing dwelling including demolition of the rear and construction of two new levels for 22 student accommodation apartments and waiver of car parking requirements of the planning scheme. 2. This report is presented to the Committee at the request of Councillor Clarke. Summary Application Number: TP-2007-649 Proposal: Buildings and works to the existing dwelling including demolition of the rear and construction of two new levels for 22 student accommodation apartments and waiver of car parking requirements of the planning scheme. Applicant: Edmond and Corrigan Pty Ltd Zoning: Business 1 Zone Overlays: Heritage Overlay 1 Existing Use: Shop at ground level with residential above (2 storeys in total) Number of Objections: 5 Recommendation from Management 3. That the Planning Committee determine to issue a Notice of Decision to Grant a Planning Permit subject to the conditions stipulated at Attachment 1 to this report. Proposal 4. The subject site is located on the north side of Elgin Street, in between Rathdowne and Drummond Streets and backs onto Aplin Place (Refer to Locality Plan at Attachment 2). 5. The subject building at 138-144 Elgin Street is double storey and used as a Hardware shop when recently inspected. The building is D graded and located within a level 2 streetscape as identified by Council’s Conservation Study. 1 of 16
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P L A N N I N G C O M M I T T E E R E P O R T Agenda Item 5.11 13 November 2007 PLANNING APPLICATION: TP-2007-649, 138-144 ELGIN STREET, CARLTON
Division Sustainability and Regulatory Services
Presenter Con Livanos, Executive Officer Planning
Purpose
1. To advise of an application for planning approval for buildings and works to the existing dwelling including demolition of the rear and construction of two new levels for 22 student accommodation apartments and waiver of car parking requirements of the planning scheme.
2. This report is presented to the Committee at the request of Councillor Clarke.
Summary
Application Number: TP-2007-649
Proposal: Buildings and works to the existing dwelling including demolition of the rear and construction of two new levels for 22 student accommodation apartments and waiver of car parking requirements of the planning scheme.
Applicant: Edmond and Corrigan Pty Ltd
Zoning: Business 1 Zone
Overlays: Heritage Overlay 1
Existing Use: Shop at ground level with residential above (2 storeys in total)
Number of Objections: 5
Recommendation from Management
3. That the Planning Committee determine to issue a Notice of Decision to Grant a Planning Permit subject to the conditions stipulated at Attachment 1 to this report.
Proposal
4. The subject site is located on the north side of Elgin Street, in between Rathdowne and Drummond Streets and backs onto Aplin Place (Refer to Locality Plan at Attachment 2).
5. The subject building at 138-144 Elgin Street is double storey and used as a Hardware shop when recently inspected. The building is D graded and located within a level 2 streetscape as identified by Council’s Conservation Study.
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6. The application seeks permission to construct buildings and works to the existing dwelling (D-graded) including the demolition of the rear and construction of two new levels to accommodate 22 new student accommodation apartments and waiver of the car parking requirements of the scheme. These alterations are outlined in the proposed plans at Attachment 3 which includes:
6.1. demolition of the entire rear of the building setback 8.1m from Elgin Street (including a two storey gable roofed building fronting Aplin Place); and
6.2. retention of the retail tenancy located at ground floor fronting Elgin Street, 14 apartments at first floor (13 one bedroom and 1 two bedroom) and 8 apartments at second floor (6 one bedroom and 2 two bedroom units).
7. No car parking proposed as part of the development.
8. Windows, a light court and a central court yard provide for adequate light and ventilation. At the first floor, 5 apartments (apartments 1-5) have windows fronting Elgin St, apartment 6 has a light court, apartments 7, 12, 13 and 14 have access to an internal court yard and apartments 7, 8, 9, 10 and 11 have north facing windows and access to the court yard.
9. At the second floor, apartments 15 and 16 have windows fronting Elgin Street and a central light void, apartment 17 has a light well, apartments 18, 19, 20, 21 and 22 each have a north facing balcony.
10. Laundries are located on both levels and all apartments have access to a screened roof top terrace and bicycle storage.
Key Issues
11. The key issues to be considered include:
11.1. built form and heritage;
11.2. amenity impacts; and
11.3. car parking provision.
Built form / heritage
12. The proposal is generally consistent with Local Policy at Clause 22.05 for higher rear parts to be partly concealed. The new built form is set back so that it becomes a recessive element that sits above the existing building and reads as an obviously modern architectural element. There is not policy support for the retention of the rear of a D graded building. Accordingly, demolition of the stable is acceptable.
13. The changes to the front façade at first floor level are acceptable. The proposed replacement of the first floor windows on the western side of the façade with windows to match the building is fully supported.
14. A section 173 Agreement relating to projections over title boundaries shall be included on any permit issued.
Amenity
15. The revised plans submitted by the applicant show that all windows, the terrace and balconies are screened to 1.7m above floor level. This will ensure that no unreasonable overlooking occurs from the residential component of the proposal.
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16. Noise from plant equipment on the roof will be required to comply with the relevant EPA noise guidelines. In addition, the plans show acoustic screening to plant equipment to ensure its impact is minimised.
17. Each dwelling has a window or balcony which adequately addresses light and ventilation.
Parking
18. The proposal requires a waiver of 34 spaces for the retail component and 22 for the residential. The retail component is existing so the ‘true’ change is the 22 residential spaces. It is considered that the student accommodation units can operate without any onsite car parking for the following reasons:
18.1. proximity to the CBD and public transport;
18.2. with the characteristics and modest size (22) of the proposal, it is envisaged that it will attract occupants with very low levels of car ownership; and
18.3. provision of overly generous car parking is considered contrary to sustainable transport objectives.
19. Accordingly, the waiver of car parking is considered acceptable, subject to the inclusion of a Section 173 Agreement requiring the occupants of the building to be full-time students.
Consultation
20. Notice of the application was given by sign on the site and mail to owners and occupiers of adjoining properties and 5 objections have been received.
21. The matters raised by the objectors are summarised as follows:
21.1. student housing undermines the residential diversity of the suburb;
21.2. the proposal represents an unsustainable use of land given that the building can not be reused once the flow of international students ceases;
21.3. poor internal amenity specifically, lack of common internal and outdoor recreational areas for use of students;
21.4. lack of car parking and bicycle parking provided on the site;
21.5. scale of development is too large;
21.6. overlooking;
21.7. noise from the terrace to adjoining property;
21.8. deliveries to the retail use from Aplin place will require on street “no parking” signs; and
21.9. detracts from the heritage significance of the area and in particular the A graded Post Office.
Time Frame
22. Section 79 of the Planning and Environment Act 1987 (“the Act”) provides that an applicant for permit may appeal to the Victorian Civil and Administrative Tribunal (VCAT) against failure of the Responsible Authority to grant a planning permit within 60 days, commending from the date the application was lodged excluding the notification period. At the time this application is considered by the Planning Committee, the 60 statutory day period will have lapsed.
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Attachments: 1. Proposed Conditions 2. Locality Plan 3. Proposed Development Plans
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Finance
23. There are no direct financial implications for Council arising from the recommendations contained in this report.
Legal
24. Division 1 of Part 4 of the Act 1987 sets out the requirements in relation to applications for permits pursuant to the relevant planning scheme.
1. Prior to the commencement of any demolition, construction or carrying out of works on the land, the applicant must submit to the Responsible Authority three copies of plans drawn to scale generally in accordance with the plans received on 18 July 2007 but amended to show:
a. Amendments as shown on plans received 20 September 2007 showing:
i) Rearrangement of ground floor bin and bicycle storage; ii) Screening of windows and balconies on the first and second floor and roof terrace to 1.7m
above floor level; and iii) Alterations to the Elgin Street shopfronts.
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 and use as shown on the endorsed plans must not be altered or modified without the prior written consent of the Responsible Authority.
3. A schedule and samples of all external materials, colours and finishes must be submitted to the satisfaction of the Responsible Authority prior to the commencement of the development. The schedule must show the materials, colours and finishes of all external walls, roof, fascias, window frames, glazing types, doors and balustrades.
4. Prior to the commencement of the development, including demolition, a report prepared by a suitably qualified Structural Engineer, or equivalent, must be submitted, demonstrating the means by which the retained portions of building will be supported during demolition and construction works to ensure their retention, to the satisfaction of the Responsible Authority. The recommendations contained within this report must be implemented at no cost to Council and be to the satisfaction of the Responsible Authority.
5. Prior to the commencement of the use and development hereby permitted, the owner of the land must enter into and execute an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 to the satisfaction of the Responsible Authority in which it shall be covenanted as follows:
a. Pursuant to the provisions of Section 181 of the Planning and Environment Act 1987 this agreement shall be registered with the Registrar of Titles and shall run with the land;
b. That the requirements contained in the agreement shall form part of any lease of the premises which the owner of the land under this permit may enter into with another party; and
c. The owner of the land under the permit shall pay the legal costs and be responsible for the preparation and registration of the said agreement.
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The Section 173 agreement must specifically provide for the following:
I. The accommodation provided on the subject land is to be used for the exclusive accommodation of students enrolled full time at a secondary or tertiary level educational institution and to be vacated within three months of completion of full time studies; and
II. The building to operate at all times in accordance with the Management Plan as required by Condition 7 of this permit to the satisfaction of the Responsible Authority. The Management Plan must establish a set of ‘house rules’ for the use, to be followed thereafter, to the satisfaction of the Responsible Authority. The plan must ensure that a suitably qualified full time manager with responsibility to oversee student behaviour permanently resides on the site and must detail the maintenance, cleaning, garbage storage and collection, supervision and security of the site.
6. Prior to commencement of construction or carrying out of works, the owner of the property must enter into a legal agreement under Section 173 of the Planning and Environment Act, 1987 and pay a lump sum license premium (payable at the outset rather than an annual fee), concerning liability and maintenance of those parts of the development projecting into airspace or sub-soil of land under the care and management of Council and disclaiming any right or intention to make or cause to be made at any time any claim or application relating to adverse possession of the land. The owner of the property to be developed must pay all of Council’s reasonable legal costs and expenses of this agreement, including preparation, execution and registration on title.
7. Prior to the commencement of the use and development hereby permitted, a Management Plan must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed as evidence of its approval and will then form part of the permit. The Management Plan must establish a set of ‘house rules’ for the use, to be followed thereafter to the satisfaction of the Responsible Authority. The plan must ensure that a suitably qualified full time manager with responsibility to oversee student behaviour permanently resides on the site and must detail the maintenance, cleaning, garbage storage and collection, supervision and security of the site.
8. All garbage and other waste material must be stored in an area set aside for such purpose to the satisfaction of the Responsible Authority.
9. No garbage bin or waste materials generated by the permitted use shall be deposited or stored outside the site and bins must be returned to the garbage storage area as soon as practicable after garbage collection.
10. The minimum clearance to the underside of the proposed window boxes/balcony projecting over Aplin Place) from the existing road surface should be 5.0 metres.
11. The minimum clearance to the underside of the proposed new canopy projecting over Elgin Street from the existing footpath surface should be 3.0 metres. The minimum setback from the adjacent face of kerb should be 750mm. The canopy should be drained to a legal point of discharge in accordance with plans and specifications first approved by the Responsible Authority – Council’s Manager Engineering Services.
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12. The owner of the subject land should construct a drainage system, incorporating water sensitive urban design, within the development and make provision to connect this system to Council’s underground stormwater drainage system in accordance with plans and specifications first approved by the Responsible Authority; Council’s Manager Engineering Services.
13. The Owner of the subject land will not be permitted to alter the existing footpath in Elgin Street for the purpose of constructing new pedestrian entrances without first obtaining the written approval of the Responsible Authority; Council’s Manager Engineering Services.
14. All necessary approvals and permits are to be first obtained from Council and the works performed to the satisfaction of Council's Manager Engineering Services.
15. This permit will expire if one or more of the following circumstances apply:
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; and/or
c. The use is not commenced within four years of the date of this permit.
The Responsible Authority may extend the date upon which this permit expires only if it receives a request in writing before the permit expires, or within three months afterwards.
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Attachment 2 Agenda Item 5.11
Planning Committee 13 November 2007
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Text Box
Attachment 3 Agenda Item 5.11 Planning Committee 13 November 2007
Division 1 of Part 4 of the Planning and Environment Act 1987 (“the Act”) sets out the requirements in relation to applications for permits pursuant to the relevant planning scheme.
Section 61(1) of the Act provides that the Responsible Authority may decide:
“(a) to grant a permit;
(b) to grant a permit subject to conditions; or
(c) to refuse to grant a permit on any ground it thinks fit.”
In making its decision section 60(1)(c) of the Act requires the Responsible Authority to consider, amongst other things, all objections and other submissions which it has received.
Section 79 of the Act provides that if the Responsible Authority fails to grant a permit within the prescribed time an applicant may appeal to the Victorian Civil and Administrative Tribunal. If the applicant does so appeal, section 84 of the Act provides that the Responsible Authority may decide on an application at any time after an appeal has been lodged; however the Responsible Authority must not issue or give a permit, a notice of decision or a notice of refusal after the appeal has been lodged.
Objections to this planning permit application have been received. Section 64 of the Act sets out the procedure to be followed by the Responsible Authority in these circumstances. The section provides that the Responsible Authority must give the applicant and each objector a notice in the prescribed form of its decision 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 Tribunal for a review of the decision or, if an application for review is made, until the application is determined by the Tribunal or withdrawn.
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