Attachments 1. Report 2. Locality Plan 3. Plans 4. Delegate Report Report to the Future Melbourne (Planning) Committee Agenda item 6.6 Ministerial Referral TPM-2014-35 7-23 Spencer Street, Docklands 7 July 2015 Presenter: Karen Snyders, Acting Manager Planning and Building Purpose and background 1. The purpose of this report is to advise the Future Melbourne Committee of Ministerial Planning Application at 7-23 Spencer Street, Docklands (refer to Attachment 2 – Locality Plan). The application was referred on 5 September 2014, with further information provided on 5 February 2015. Council planning officers raised concerns with built form over Siddeley Street. Amended plans were received on 11 June 2015 to address these concerns. The Minister for Planning is the responsible authority for determining the application as the gross floor area of the buildings exceeds 25,000m2. The application has been referred to the Council for comment and is generally exempt from third party notice and review rights. The subject site is located within the Capital City Zone – Schedule 1 and is affected by Parking Overlay Schedule 1. 2. The applicant and owner is Assett 1 WTC Pty Ltd & HANZ (Spencer St) Pty Ltd, c/- Urbis Pty Ltd and the architect is Elenberg Fraser Pty Ltd. 3. The subject application seeks approval for a staged redevelopment of the site including construction of three multi-storey mixed use buildings through the endorsement of a master plan. The development will accommodate 1,076 apartments, 1,378sqm of retail space, 447 car spaces and has a total gross floor area of 99,588m2. 4. The Minister referred TPM-2011-26 (The Department of Environment, Land, Water and Planning (DELWP) reference 2011/011178) to Council on 3 November 2011. That application proposed to demolish the existing concrete building and construct two towers on the site providing 88,325 square metres of office floor area (plus various service, car parking and retail uses) with a total of 377 car parking spaces. Council and Council delegate supported the application subject to the deletion of built form over Siddeley Street. The Minister for Planning issued Planning Permit 2011/011178 on 2 October 2012. A condition of the permit required built form over Siddeley Street be deleted. 5. Planning Permit TP-2013-407 was issued on 30 September 2013. The Permit allows for demolition of the existing building (former Melbourne Convention Centre) and the construction of buildings and works. Conditions of the permit require the construction of a temporary park within 6 month from the completion of demolition works. Key issues 6. The application no longer proposes built form over Siddeley Street. The removal of the building will allows this section of the street to be integrated with the rest of Siddeley Street, for it to present as a public thoroughfare and will be an attractive space with the ability to grow street trees. 7. Advice received from Council’s urban landscape team is that the proposed canopy along the western side of the site will adversely impact the existing street trees and prevent future planting in this location. The reduction in health and or loss of street trees is not supported. The applicant is aware of this concern and the issue this can be resolved through conditions. 8. The proposed master plan is generally acceptable in terms of heights, setbacks, tower separation and street level activation. Conditions are recommended to require detailed design at each stage of development in consultation with the Minister for Planning and the Council. Recommendation from management 9. That the Future Melbourne Committee resolves that a letter be sent to the Minister for Planning advising that the Melbourne City Council supports the proposal subject to conditions as set out in the attached delegate report (refer to Attachment 3). Page 1 of 42
Presenter: Karen Snyders, Acting Manager Planning and Building
Purpose and background
1. The purpose of this report is to advise the Future Melbourne Committee of Ministerial Planning Application at 7-23 Spencer Street, Docklands (refer to Attachment 2 – Locality Plan). The application was referred on 5 September 2014, with further information provided on 5 February 2015. Council planning officers raised concerns with built form over Siddeley Street. Amended plans were received on 11 June 2015 to address these concerns. The Minister for Planning is the responsible authority for determining the application as the gross floor area of the buildings exceeds 25,000m2. The application has been referred to the Council for comment and is generally exempt from third party notice and review rights. The subject site is located within the Capital City Zone – Schedule 1 and is affected by Parking Overlay Schedule 1.
2. The applicant and owner is Assett 1 WTC Pty Ltd & HANZ (Spencer St) Pty Ltd, c/- Urbis Pty Ltd and the architect is Elenberg Fraser Pty Ltd.
3. The subject application seeks approval for a staged redevelopment of the site including construction of three multi-storey mixed use buildings through the endorsement of a master plan. The development will accommodate 1,076 apartments, 1,378sqm of retail space, 447 car spaces and has a total gross floor area of 99,588m2.
4. The Minister referred TPM-2011-26 (The Department of Environment, Land, Water and Planning (DELWP) reference 2011/011178) to Council on 3 November 2011. That application proposed to demolish the existing concrete building and construct two towers on the site providing 88,325 square metres of office floor area (plus various service, car parking and retail uses) with a total of 377 car parking spaces. Council and Council delegate supported the application subject to the deletion of built form over Siddeley Street. The Minister for Planning issued Planning Permit 2011/011178 on 2 October 2012. A condition of the permit required built form over Siddeley Street be deleted.
5. Planning Permit TP-2013-407 was issued on 30 September 2013. The Permit allows for demolition of the existing building (former Melbourne Convention Centre) and the construction of buildings and works. Conditions of the permit require the construction of a temporary park within 6 month from the completion of demolition works.
Key issues
6. The application no longer proposes built form over Siddeley Street. The removal of the building will allows this section of the street to be integrated with the rest of Siddeley Street, for it to present as a public thoroughfare and will be an attractive space with the ability to grow street trees.
7. Advice received from Council’s urban landscape team is that the proposed canopy along the western side of the site will adversely impact the existing street trees and prevent future planting in this location. The reduction in health and or loss of street trees is not supported. The applicant is aware of this concern and the issue this can be resolved through conditions.
8. The proposed master plan is generally acceptable in terms of heights, setbacks, tower separation and street level activation. Conditions are recommended to require detailed design at each stage of development in consultation with the Minister for Planning and the Council.
Recommendation from management
9. That the Future Melbourne Committee resolves that a letter be sent to the Minister for Planning advising that the Melbourne City Council supports the proposal subject to conditions as set out in the attached delegate report (refer to Attachment 3).
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Supporting Attachment
Legal
1. The Minister for Planning is the Responsible Authority for determining this application.
Finance
2. There are no direct financial issues arising from the recommendations contained within this report.
Conflict of interest
3. 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
4. Council officers have not advertised the application or referred this to any other referral authorities. This is the responsibility of the Department of Environment, Land, Water and Planning acting on behalf of the Minister for Planning who is the Responsible Authority.
Relation to Council policy
5. Relevant Council policies are discussed in the attached delegate report (refer to Attachment 3).
Environmental sustainability
6. Pursuant to Clause 22.19 of the Melbourne Planning Scheme, an environmentally sustainable design statement is required. Given that the application is for approval of a master plan and detailed design is to follow, this requirement should be met at each stage of the development and can be addressed through the inclusion of condition on the permit that may issue.
Address: Melbourne Convention Centre, 7-23 Spencer Street, DOCKLANDS VIC 3008
Proposal: A staged redevelopment of the site including construction of three multi-storey mixed use buildings
Date received by City of Melbourne:
2 September 2014
Responsible officer:
Report Date:
Report (DM#9154089)
Kate Yuncken
8 May 2015
1. SUBJECT SITE AND SURROUNDS
The subject site is located on the north-western corner of Flinders and Spencer Streets, Docklands. The site has an area of 8,607 square metres and contains a concrete four level building which is currently being demolished. Siddeley Street divides the existing building at ground level. The building is currently managed by the Melbourne Exhibition and Convention Centre Trust.
Photo of Subject Site and entrance to Siddeley Street from Spencer Street – 2011.
Attachment 4 Agenda item 6.6
Future Melbourne Committee 7 July 2015
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The Crowne Plaza Hotel, a 13 level 384 room hotel, abuts the southern boundary of the site and shares vehicle access to Siddeley Street with the subject site. Further south is the Yarra River. West of the site is a paved public landscaped plaza, and Little Dock Road linking Flinders Street and Siddleley Street. South west of the site is the WTC (World Trade Centre) Northbank Wharf complex. The complex comprises of 3 office towers (12, 14 and 15 storeys). The complex has been predominately occupied by Victoria Police and has retail tenancies at the ground and first levels. North of the site is Flinders Street, a six lane street with two tram lines in the median. Further north, on the north west corner of Spencer and Flinders Street is the Grand Central apartments. North east of the site is the Railway Viaduct which is built over Spencer and Flinders Street. The Viaduct is approximately 9.5 metres from the subject site (at its closest point). East of the site is Clarendon Street, a six lane street with separated tram lines in the median. Further east is Batman Park.
February 2015 - aerial photograph of subject site and surrounds.
2. SITE HISTORY Planning Application History
TPM-2011-26 (DELWP reference 2011/011178) The Minister referred TPM-2011-26 (DELWP reference 2011/011178) to Council on 3 November 2011. The Gross Floor Area (GFA) of the application was 120,430 sqm, in accordance with the Schedule of Clause 61.01 the Minister for Planning was the Responsible Authority. The following table summarises details of the proposal:
South Tower North Tower
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Height metres (inc. plant) 85 metres 108 metres
Levels 20 26
Gross Floor Area Office 33,935 sqm
Other 18,805sqm
Office 54,390sqm
Parking 10,900sqm
Retail 240sqm
Car spaces 167 210 Summary of proposal
The application proposed to demolish the existing concrete building and construct two towers on the site providing 88,325 square metres of office floor area (plus various service, car parking and retail uses) with a total of 377 car parking spaces.
The South Tower was proposed to have retail and building services at the ground level, a lobby and office space (overlooking Dock Lane) on the first level, carparking, bicycle and office spaces (overlooking Spencer Street) at the 2nd and 3 levels, office space at 4th level (including over Siddeley Street), a podium terrace at level 5 and office spaces above. The Minister for Planning issued Planning Permit 2011/011178 on 2 October 2012. A condition of the permit required built form over Siddeley Street be deleted as per a City of Melbourne recommendation. TP-2013-407 Planning Permit TP-2013-407 was issued on 30 September 2013. The Permit allows for demolition of the existing building (former Melbourne Convention Centre) and the construction of buildings and works. Conditions of the permit require the construction of a temporary park within 6 months from the completion of demolition works.
3. THE PROPOSAL The application was received on 5 September 2014 and amended on 2 October 2014 in response to a DELWP further information request. Plans were amended on:
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- 5 January 2014 showing additional setback from the railway viaduct - 15 May 2015 showing a reduction in the height of the towers to not
overshadowing the south bank of the Yarra River in compliance with Planning Scheme requirements and additional setback from Spencer Street for Tower 3.
The Gross Floor Area (GFA) of the development was 109,939 square metres. In accordance with the Schedule of Clause 61.01, the Minister for Planning (Department of Environment, Land, Water and Planning) is therefore the Responsible Authority. Planning Officers assessed this application and recommended that the City of Melbourne object to the application on grounds that:
1. The built form over Siddeley Street will have a detrimental impact on Siddeley Street and the precinct as a whole.
2. The application will adversely impact existing street trees and opportunities for future plantings.
The application was scheduled to be presented to Future Melbourne Committee on 2 June 2015. On 19 May 2015 the applicant requested that the application be deferred from June FMC so that they could amend the plans to address officers concerns. The plans were amended on 11 June 2015. In summary the changes show no built form over Siddeley Street and one large tower on the northern parcel of land instead of two. The applicant will also be formally amending the application. At the time of writing this report, this had not been prepared. Planning approval process The applicant seeks approval for development via a two phased approach. Phase 1: The first part of the process is a planning permit that approves a Master Plan (blueprint) for the whole site. The Master Plan outlines the development parcels and roadways and the overall built form outcomes for the site such as height, location of podiums and towers. Conditions of the permit will address matters such as public realm, liability and maintenance as well as manage the development of parcels. Phase 2: The second part of the process will be used for the development of parcels, triggered via conditions of the Planning Permit. The developments must be consistent with the parameters defined in the master plan. The Urbis Planning Report on page 19 stated that:
The Proposed Approach This two pronged approach would provide: 1. A comprehensive planning permit that approves a masterplan for the site,
providing certainty with regard to site layout, built form envelopes and access arrangements; and
2. Planning permit conditions that address the detailed matters for each stage of the development.
A Masterplan Permit
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A masterplan approach will allow this large Central City site to come forward in a co-ordinated but staged manner that is responsive to the surrounding urban context, site characteristics and the prevailing market conditions. The masterplan for the site will specifically seek to provide a level of certainty with regard to:
Delivering a holistic approach to the renewal and transformation of a major
strategic site in Melbourne’s Capital City Zone; Identifying 2-4 key development parcels that will form the basis of
subdivisions and future stages of the development. These parcels will be subject to the preparation of development plans relating to detailed matters;
Clearly identifying the public and private realm components of the site; Establishing the key movement and access corridors, interfaces/street
activation and embedding the principles of this movement hierarchy within the wider masterplan for the site; and
Providing a level of certainty around the built form outcomes for the site as part of the proposed building envelope, informed by the urban context and the testing of wind and solar impact/mitigation. The parameters of these built form controls will include a general endorsement of height, massing, podium form, tower siting/spacing and certainty around the activation of key interfaces.
Permit Conditions
It is proposed that the masterplan will allow Council to grant a comprehensive planning permit for the site, containing detailed conditions that will be addressed via the submission of amended plans for each stage of the development – which will, if endorsed, form a part of the overarching masterplan permit. It is anticipated that the detailed matters and conditions that would need to be address as part of the detailed development of each stage would include (but not be limited to) the following:
Development staging via a staging plan; Details of building demolition via the preparation of a demolition management
plan; Detailed architectural plans illustrating the response to detailed matters (in
line with the parameters approved in the masterplan) including built form, design detail, layout, overshadowing and access;
A wind assessment including wind tunnel test; A façade strategy relating to proposed material and finishes; A traffic impact assessment and details of traffic mitigation measures to the
satisfaction of the Responsible Authority and Public Transport Victoria; A landscaping and planting scheme; An Environmentally Sustainable Design (ESD) report to including energy
efficiency proposals to be integrated into the development and WSUD techniques;
An acoustic report detailing noise attenuation measures (particularly addressing issues in relation to the Railway Viaduct);
The concealment of building appurtenances; Details of public lighting; Disability requirements; Car parking, loading/unloading, waste management and bicycle facilities; and Drainage details.
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The proposed two stage approach allows for the ongoing design development and commercial processes to occur in parallel. It provides a mechanism to deliver comprehensive urban renewal that provides certainty over the key built form outcomes for the site, whilst retaining the flexibility to bring forward this major site in a staged fashion. As such, an appropriately drafted planning permit will provide for a greater level of influence over the final land use and design outcomes than may typically be exerted over ‘standalone’ development sites in other parts of the city, providing extra assessment rigour for the City of Melbourne and DELWP.
The Master Plan The Masterplan prepared by Elenberg Fraser provides and indicative development concept and indicative yield for the site. This concept proposes two podia, three residential towers and will accommodate:
A total of 1,076 apartments; 1,378sqm of ground level retail space (825sqm in the North Podium and
553sqm in the South Podium); and 447 car parking spaces contained at podium level. Total Gross Floor area 99,588 square metres.
Elenberg Fraser Pty Ltd –Proposal (received 11 June 2015)
Ground level The ground level of the podia consists of lobbies, retail uses, services areas (a bin storage area and substation). The lobbies, car parking access and loading areas are accessed via Siddeley Street.
Podium Two five level podiums are proposed to be constructed on either side to Siddeley Street. The podiums for levels 1 - 4 will consist of a ‘skin’ of apartments around all streets with the exception Flinders Street and the western elevation of the podium on the south side of Siddeley Street. Residential car parking and storage is located within the middle of the podium. Residents will have access to the roof of the podium where some plantings and amenities are proposed. Residential amenities are also proposed within level 5 of each tower.
- Tower 1 = 10.5m from the south and 5 m west title boundary,
- Tower 2 = 5m from the south and 8.4m from the Spencer Street,
- Tower 3 = 10.6m from Flinders Street, 5m from Spencer Street and 5 m west title boundary,
Tower separations vary from 23m to 14m.
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Elenberg Fraser Pty Ltd – Tower plan 11 June 2015
4. PLANNING SCHEME PROVISIONS
The following provisions of the Melbourne Planning Scheme apply:
State Planning Policies
Clause 11 Settlement
Clause 15 Built Environment and Heritage
- Clause 15.03-2 Aboriginal cultural heritage seeks:
To ensure the protection and conservation of places of Aboriginal cultural heritage significance.
The DELWP Planning Report this property identifies that the site is within, or affected by, one or more areas of cultural heritage sensitivity as described in the Aboriginal Heritage Regulations 2007. DELWP is the Responsible Authority and are required to establish whether a Cultural Heritage Management Plan is required.
Clause 16 Housing
Clause 17 Economic Development
Clause 18 Transport
Clause 19 Infrastructure
Municipal Strategic Statement
Clause 21.03 Vision
Clause 21.04 Settlement
Clause 21.06 Built Environment and Heritage
Clause 21.07 Housing
Clause 21.08 Economic Development
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Clause 21.09 Transport
Clause 21.10 Infrastructure
Clause 21.12 Hoddle Grid
Local Planning Policies
Clause 22.01 Urban Design within the Capital City Zone
Clause 22.02 Sunlight to Public Spaces
Clause 22.04 Heritage Places within the Capital City Zone
A permit is required to carry out buildings and works.
Parking Overlay 1
A permit is required to provide parking in excess of a rate of:
Residential
Commercial
Retail
A permit is required to provide parking in excess of a rate of:
For that part of the site devoted to dwellings (including common areas serving the dwellings) must not exceed one (1) space per dwelling.
For that part of the site devoted to other uses, (excluding common areas serving the dwellings) must not exceed the number calculated using one of the following formulas:
All buildings that provide on-site car parking must provide motorcycle parking for the use of occupants and visitors, at a minimum rate of one motor cycle parking space for every 100 car parking spaces, unless the responsible authority is satisfied that a lesser number is sufficient.
A maximum provision of 1,076 applies.
The application proposes 447 car spaces, the number of motorcycle spaces has not been specified. No permit is required under the provisions of this overlay.
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Particular Provisions
Clause 52.06, Car Parking
Pursuant to this clause a permit is required to provide more than the maximum parking provision specified in a schedule to the Parking Overlay. As the proposal seeks to provide less than the maximum requirements no permit is required pursuant to this clause.
Clause 52.07, Loading and Unloading of Vehicles
No buildings or works may be constructed for the manufacture, servicing, storage or sale of goods or materials unless:
The retail component of the proposal, 1378sqm, requires 27.4sqm loading area.
The proposal provides this space.
Clause 52.34, Bicycle Facilities
A permit may be granted to reduce or waive the bicycle parking requirement.
The Master Plan states that it will comply with the provisions of this Clause.
Clause 52.35, Urban Context Report and Design Response for Residential Development of Four or More Storeys
An application for a residential development of five or more storeys within the Capital City Zone must be accompanied by:
An urban context report.
A design response.
DELWP, on behalf of the Minister for Planning, must inform the applicant in writing that the urban context report meets the requirements of Clause 52.35-02 and is satisfactory.
Clause 52.36, Integrated Public Transport Planning
An application for an excess of 60 dwellings must be referred to PTV for comment.
As the Minister for Planning is the Responsible Authority for this planning application, DELWP is required to refer this matter to the relevant department.
General Provisions
Clause 61.01 –Administration and enforcement of this scheme
The Minister for Planning is the responsible authority for this planning permit application as the total floor area of the development exceeds 25,000 square metres.
Clause 65 – Approval of an application or plan
Pursuant to Clause 65.01 before deciding on an application or approval of a plan, the responsible authority must consider, as appropriate (as relevant):
The matters set out in Section 60 of the Act. The State Planning Policy Framework and the Local Planning
Policy Framework, including the Municipal Strategic Statement and local planning policies.
The purpose of the zone, overlay or other provision. Any matter required to be considered in the zone, overlay or
other provision. The orderly planning of the area. The effect on the amenity of the area. The proximity of the land to any public land. Whether the proposed development is designed to maintain or
improve the quality of stormwater within and exiting the site.
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5. PUBLIC NOTIFICATION
The application has been referred to the City of Melbourne for comment. This application is exempt from the notice requirements of Section 52 (1) (a), (b) and (d), the decision requirements of Section 64 (1), (2) and (3) and the review rights of Section 82 (1) of the Act.
6. REFERRALS
The original application was referred to the following internal departments. The following comments were received (summarised):
Urban Design
Not supportive of the built form over Siddeley Street and setbacks.
Recommendation: deletion of the built form over Siddeley Street and 10 metre setbacks to all towers.
Engineering Traffic The provision of 461 spaces is below the maximum requirement of 1,168 car spaces and is therefore acceptable. Technical advice was provided regarding both car access/parking design and loading arrangements. Outstanding detailed design matters can be addressed by conditions. Bicycle parking provisions must be met and preferable exceed the MPS requirements. Motorcycle provisions should exceed the MPS requirements at 1 motorcycle space for every 50 car parking spaces. VicRoads should be consulted. Department of Transport requires that Integrated Transport Plans (ITP) be prepared for such developments, and GTA report recommends the preparation of ITP as part of the planning application process. The preparation of ITP should be included as a condition of permit. Waste Waste Management details are required. Council advices the current guidelines state that developments that generate over 40,000L of each garbage and recycling per week are required to have on site transportable compactors. A WMP is required. It must comply with Council’s 2014 Waste Guidelines and be to the satisfaction of the Manager Engineering Services. Civil Prior to the occupation of any part of the development the opened air space above Siddeley Street must be vested in Council as a Road on the plan of subdivision and the minimum height of the Road under Tower 4 must not be less than 6.00meters above the finished carriageway level (although higher restriction may apply for the maintenance of the proposed trees at this location).
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We object to the two outward opening doors projecting into Spencer and Siddeley Streets at the stairs. The doors shall be redesigned such that they do not project beyond the street alignment when open, when closed or when being opened or closed. We object to the long crossing at the Hotel vehicular Entrance/Hotel Loading. The maximum permissible width of a vehicle crossover without a pedestrian refuge is 7.6 metres. Crossings wider than 7.6 metres should include pedestrian refuges a minimum of 2.0 metres in length at 7.6 metre maximum clear spacings. The width of the Hotel Loading should be deemed to be included in the crossing width unless a 2.0 metre long pedestrian refuge is provided between the laneway entrance and the crossing. All projections over the street alignment must conform to Building Regulations 2006, Part 5, Sections 505 to 514 as appropriate. Reference may be made to the City of Melbourne's Road Encroachment Operational Guidelines with respect to projections impacting on street trees and clearances from face/back of kerb The works shall be undertaken in accordance with the current Docklands Design and Construction Standards for Infrastructure Works Standard Civil conditions and notes were also provided.
Land Survey There is a canopy to the west between Siddeley Street and Finders Street which is over private land which has no rights to be there and should be removed. There is also a walkway shown in this location which is on a different title. No doors should open onto the walkway. Any widening of footpaths may need to vest in Council along with the airspace over Siddeley Street to protect the light and air for the proposed trees, this would need discussion with Engineering.
Urban Landscapes
The proposed canopy to the west of the development will necessitate the removal of the existing street trees located on the private road and prevent opportunities for future planting in this location. For this reason it is not supported.
Although this land is not the City of Melbourne Land the trees are maintained by and an asset of City of Melbourne.
The revised plans received on 11 June 2015 were not referred internally because the internal comments are still applicable.
7. ASSESSMENT
The site lies at the threshold between the Central Business District and the Docklands precinct and has its principal frontages towards Spencer and Flinders Street. Development on this site will have a significant impact on the future image and urban fabric of this precinct of the city. Land Use
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The proposed accommodation and ground level retail use are fully supported by policy and do not require a planning permit. The uses will support the continued development and growth of the broad range of existing business in the Central City. Design and Built Form Context The existing built form of the precinct presents urban contrasts and diversity ranging from the modern tall buildings of the World Trade Centre complex and the Former Fish Market complex to early European architecture to the north and north east of the site. The World Trade Centre precinct houses a number of Victoria Government agencies including Australian Tax Office. The precinct has under gone transformation since it the site housed the Crown’s temporary casino in 1994-1997. Works have included major renovations to the office buildings and works to improve the buildings relationship with the Yarra River. Potentially Contaminated Land The Planning and Environment Act 1987 requires the Responsible Authority to consider any significant effects the use or development may have on the environment or which the responsible authority considers the environment may have on the use or development’ (Section 60). If the application is to be supported conditions should be placed on the permit requiring an environmental assessment and environmental audit. Heights / Setbacks / Massing The standard model for developing taller buildings in the city is based on a 35-40 metre high podium with the tower element setback 10 metres from the podium level. The development employs a tower podium format however the setbacks proposed are less setback sought by Local Policy ‘Urban Design within the Capital City Zone’ (Clause 22.01) and Capital City Zone 1 (Clause 37.04). The reduced setbacks of the towers are considered to be satisfactory for the reasons that the towers will not dominate the streetscapes, allows for a human scale to the streets and allows for views of sky. Additional tower setbacks from Siddeley Street would assist in creating a more pedestrian scale environment along this street and reducing the canyoning effect. The existing building (currently being demolished) and original application plans proposed built form over Siddeley Street. It is understood that the applicant has development rights to do these works. Council officers raised concerns that the built form over Siddeley Street would inhibit views towards the west resulting in this city block being visually isolated from the rest of the city. The applicant has responded to this concern and revised the plans on 11 June 2015, deleting the built form over Siddeley Street.
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Photo of Subject Site and entrance to Siddeley Street from Spencer Street – 2011. In regards to height, the buildings reduce in height to the south in response to not overshadowing the south bank of Yarra River. As a result, the buildings’ profiles present as though they have been raked to comply with the overshadowing requirements. If the application is to be supported greater variance in building height and form is required whilst still not overshadowing the south bank of Yarra River. Tower Separation The development proposes tower separations of 14 and 23m which are under the 24 metres stipulated in Clause 22.01. The policy does however allow a reduction in tower separation setbacks where it can be demonstrated that towers are offset and habitable room windows do not directly face one another and does not limit the redevelopment of adjoining sites. Details regarding the apartment layout for the towers have not been submitted therefore it is recommended that the proposed towers been orientated and designed (internal layout) to minimise overlooking between each tower and that apartments that are in close proximity to one another have been suitably treated through the location and orientation of balconies and habitable room windows to suitably limit any amenity impact. It is recommended that principles be included in the Master Plan. Facades Clause 22.01 specifies that all visible sides of a building should be fully designed. The proposed treatment of the facades is considered to avoid inappropriate blank facades. To ensure that each building is distinctive in its design, architecture and do not seem to coalesce into a single mass, it is recommended that no adjoining allotments be designed by the same architect and that detailed plans and elevations including a façade strategy be submitted prior to the commencement of each stage.
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Wind and Weather Protection It is recommended that towers, at a height greater than a 40 metre podium, are setback 10 metres from all streets to deflect wind downdrafts from penetrating to street level. The proposed building envelope reduces this setback to all streets and laneways. Both Clause 37.04 (Capital City Zone 1) and Clause 22.01 (Urban Design within the Capital City Zone) encourage developments not to have any adverse wind impacts at the street level. The most relevant Capital City Zone 1 decision guideline (when considering wind impacts) is “The potential for increased ground-level wind speeds and the effect on pedestrian comfort and the amenity of public places.” The application documentation included a report on the results from the Wind Tunnel Modelling conducted by Mel Consultants (August 2014). The report summary states the following:
For the Basic Configuration, the pedestrian level wind conditions in the public realm surrounding the proposed development have been measured. The Existing Configuration wind conditions have also been provided for comparison. It was shown that the wind conditions in the public realm at most Test Locations for the Basic Configuration were either on or within the criterion for walking comfort. However, the wind conditions along Spencer Street for north-west sector winds and on the corners of the development along Flinders Street for north-west and south-west sector winds were shown to be over the criterion for walking comfort. It was necessary to use a 3m wide canopy at level 1 running along Flinders Street and wrapping around the east and west sides of the development to bring the wind conditions at these Test Locations for these wind directions to be either on or within the criterion for walking comfort. There was shown to be a general increase in the wind conditions, relative to existing conditions, at most Test Locations.
In addition to the above the applicant has included the following criteria in the Master Plan: - Wind gusts at ground level must meet walking criteria as specified by the wind consultant report. - Provide adequate weather protection to Council standards along Spencer and Flinders Street. Advice received from Council’s Urban Landscape team is that the proposed canopy along the western side of the site will adversely impact the existing street trees and prevent future planting in this location. The reduction in health and or loss of street trees is not supported. It is recommended alternative wind amelioration measures be incorporated into the proposal so that the proposal does not impact the existing street trees and allows for the opportunities for future plantings. City and Roof Profiles
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The proposed roof profiles are considered to be designed to form part of the overall building forms. A condition will placed on the permit stating that plant equipment is to be screened appropriately. Street Level Frontages & Pedestrian Safety
The proposal creates a continuous building to all streets and incorporates retail tenancies at ground floor level which is supported. The Capital City Zone 1 and Clause 22.01 also encourage active street frontages and minimal conflict between pedestrian and motor vehicle movements. Most of the developments’ building services are proposed within the buildings. This has allowed the development to provide an active street frontage with the introduction of retail tenancies to the streets. The vehicle crossovers proposed off Siddeley Street for residential car parking, loading and the access to the existing Crowne Hotel is to remain generally the same. Council’s engineers have raised concerns with the expanse of vehicle entrances without pedestrian refuges. If the application is to be supported, this matter can be addressed through a condition. Lobby entrances and small retail spaces face onto Siddeley Street at the ground level. The inclusion of these active frontages will also serve to increase the perception of safety in this area. Light and Shade / Overshadowing / Solar Access Local Policy ‘Sunlight to Public Spaces’ requires development in the Capital City Zone and Docklands Zone must not cast a shadow across the south bank of the Yarra River between 11.00 am and 2.00 pm on 22 June. The revised plans received by the City of Melbourne on 11 June 2015 indicate that the development is compliant with the above policy requirement. Energy and Resource Efficiency The applicant has stated that a condition requiring an Environmentally Sustainable Design (ESD) report to including energy efficiency proposals to be integrated into the development and WSUD techniques should be included on any permit that may issue. For the reason that this is a Master Plan, this approach is considered acceptable. Internal Amenity
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The Guidelines for Higher Density Residential Development are a relevant consideration for multi-storey residential buildings. Amongst other matters the guidelines include Objective 5.4 which seeks:
‘To ensure that a good standard of natural lighting and ventilation is provided to internal building spaces’
Design suggestion 5.4.1 seeks ‘to provide direct light and air to all rooms wherever possible’, and suggests that:
‘Encourage direct natural light and ventilation to all habitable rooms – living rooms, bedrooms, studies – in the form of operable windows. The ‘borrowing' of light and air should be avoided, particularly in ventilating bedrooms, although this may not always be possible, when reusing existing buildings. Where light is borrowed from another room, ideally it should be taken from the principal living area rather than from corridors or other bedrooms.’
The building design should provide for the future amenity of its residents in that they should have access to natural light on all sides. As no floor plans for the towers have been provided it cannot be determined if there is any reliance on borrowed light. Given however the sighting of the towers, it is most likely that all dwellings will have an external wall, and thus, have access to natural light and ventilation. The apartments will not be constrained by any future development given the location of the development site. No details regarding apartments open space have been provided. Considering the development incorporates expansive garden roofs for its residents and that the site is located opposite Batman Park, open space for each apartment may not be necessary. The approval of any Master Plan will require the submission of detailed plans and elevations showing the layout of apartments for approval ensuring that acceptable levels of internal amenity are provided. The application was accompanied with an acoustic report prepared by Marshall Day Pty Ltd. The report identifies the following acoustic challenges that will need to be addressed early in the design stage of the Project: Train noise from the elevated train tracks to the north-east that serves train
movements between Flinders Street Station and Southern Cross Station. Tram noise and vehicle noise from Flinders Street Tram noise and vehicle noise from Spencer Street Roof plant noise from the adjacent building to the west of the site - the future
towers will overlook the roof plant, which could result in a significant noise problem
Noise from plant and activity at the Crowne Plaza Hotel to the south Noise from plant and activity at the entertainment venues to the south-west Helicopter noise from the Yarra River helipad Plant and activity noise from the Project to the adjacent hotel and surrounding
area. Developments for new and refurbished residential uses should incorporate design measures to attenuate against noise associated with the operation of other businesses and activities associated with a vital 24-hour capital city.
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The decision guidelines of the Capital City Zone specify that ‘habitable rooms of new dwellings adjacent to high levels of external noise should be designed to limit internal noise levels to a maximum of 45 dB in accordance with the relevant Australian Standards for acoustic control’. This requirement can be dealt with via an appropriate condition. Car Parking, Bicycle Facilities & Engineering Issues
Council’s Traffic Engineers have recommended that the car parking numbers be reduced, however have not raised any major concerns with access and parking arrangements. Bicycle facilities must be provided in accordance with the MPS provisions. Staging Planning Permit TP-2013-407 was issued on 30 September 2013. The Permit allows for demolition of the existing building (former Melbourne Convention Centre) and the construction of buildings and works. Conditions of the permit require a s173 agreement that requires the construction of a temporary park on the northern parcel of the land within 6 month from the completion of demolition works. This application proposes to development the southern proportion of the site first and then the northern section. The temporary park will remain until the northern portion of the site is developed.
8. OFFICER RECOMMENDATION
That a letter be sent to DELWP advising that the City of Melbourne supports the proposal subject to the following conditions:
Amended Master Plan
1. Prior to the commencement of the development, excluding demolition, bulk excavation, site preparation, soil removal, site remediation, retention works, footings, ground beams and ground slab and temporary structures, an amended master plan must be submitted to the satisfaction of the Responsible Authority and be approved by the Responsible Authority in consultation with the City of Melbourne. When approved, the Master Plan will be endorsed and will then form part of the permit. The Master Plan must be drawn to scale with dimensions and two copies must be provided. The Master Plan must generally be in accordance with that submitted with the application but modified to show the following:
a) Revisions to the principles, objectives and criteria the Master Plan to be consistent with the plans received by the City of Melbourne on 12 June 2015;
b) Greater variance in height and form between the towers whilst still not overshadowing the south bank of Yarra River.
c) Public Realm works shall be undertaken in accordance with the current Docklands Design and Construction Standards for Infrastructure Works.
d) The proposal must not impact existing and future street trees
The Master Plan may be amended with the written consent of the Responsible Authority. The overall concept of the development as shown in the Master Plan must not be varied to increase the number of buildings.
Legal Agreement
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2. Prior to the commencement of development, excluding demolition, bulk excavation, site preparation, soil removal, site remediation, retention works, footings, ground beams and ground slab and temporary structures or as otherwise agreed to by the Responsible Authority, the owner of the land must enter into legal agreement(s) under Section 173 of the Planning and Environment Act 1987 to ensure that the overall development of the land is in conformity with the approved, and as modified from time to time, master plan. The Owner(s) must pay all of the reasonable costs and expenses of the agreement(s) and are required to be executed as follows:
a) be at no cost to the Responsible Authority or the City of Melbourne;
b) be registered on the relevant certificate(s) of title to which it affects;
c) require that the development of the land be undertaken in conformity with the approved master plan and this planning permit;
d) The Section 173 agreement does not end if the permit lapses as some requirements relate to the public realm works including landscaping;
h) All requirements of the City of Melbourne (Engineering Services) being met regarding the design and physical treatment of the Siddeley Street including landscaping, street furniture, lighting and servicing infrastructure.
Staging
3. Prior to the commencement of the development, excluding demolition, bulk excavation, site preparation, soil removal, site remediation, retention works, footings, ground beams and ground slab and temporary structures, a Staging Plan must be submitted to and be approved to the satisfaction of the Responsible Authority in consultation the City of Melbourne. This Staging Plan must be submitted to and be approved by the Responsible Authority. This Staging Plan must include, but is not limited to, plans and information detailing any public realm works, proposed temporary treatment and use of vacant land. The development must proceed in the order of the stages as shown on the endorsed plan(s), unless otherwise agreed to in writing by the Responsible Authority.
Siddeley Street Ownership
4. Prior to the commencement of any stage of the development excluding demolition, bulk excavation, site preparation, soil removal, site remediation, retention works, footings, ground beams and ground slab and temporary structures, the opened air space above Siddeley Street must be vested in the City of Melbourne as a Road on the plan of subdivision to the satisfaction of the City of Melbourne.
Detailed Development Plans
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5. Prior to the commencement of any stage of the development, excluding demolition, bulk excavation, site preparation, soil removal, site remediation, retention works, footings, ground beams and ground slab and temporary structures, amended plans to the satisfaction of the Responsible Authority must be submitted to and be approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must generally be in accordance with the built form outcomes as shown in the plans submitted with the application and be consistent with the master plan but modified to show the following:
a) Existing conditions, topography (including levels) and infrastructure provision;
b) Design details for tower and podium interfaces to the streets including plans, elevations, sections at a scale of 1:200 with detailed facade segments at 1:100 or alternative suitable scale. The drawings must include the location, height, dimensions, title boundaries, Reduced Levels (RLs) to Australian Height Datum (AHD) on all finished floors and elevations, and the parapet of all walls, detailed elevations including activated frontages;
c) All dwellings must be designed to provide direct daylight access to all habitable rooms;
d) The layout of all car parking and loading/unloading areas showing the arrangement of spaces and access aisles;
e) Shadow diagrams indicating shadows cast by the development between 11am and 2pm on 22 September;
f) Details of vehicle and pedestrian access and management of movement;
g) Any amendments required to incorporate the recommendations of further wind climate assessment reports required in the corresponding condition below;
h) Facade strategy and materials and finishes as required in the corresponding conditions below;
i) The requirements of Public Transport Victoria in the corresponding conditions below.
j) Any design changes as a result of further the ESD reports in the corresponding condition below;
k) Any design requirements as a result of the Disability Audit in the corresponding condition below;
l) A scheme for landscaping and planting in connection with the development as required in the corresponding condition below;
m) Any requirements/ recommendations of the traffic report as required in the corresponding conditions below;
n) Any changes necessary to comply with the City of Melbourne Waste Guidelines and amended Waste Management Plan in the corresponding condition below;
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o) The maximum permissible width of a vehicle crossover without a pedestrian refuge is 7.6 metres. Crossings wider than 7.6 metres should include pedestrian refuges a minimum of 2.0 metres in length at 7.6 metre maximum clear spacings. The width of the Hotel Loading should be deemed to be included in the crossing width unless a 2.0 metre long pedestrian refuge is provided between the laneway entrance and the crossing.
p) Details of vehicle and pedestrian access and management of movement;
q) Any amendments required to incorporate the recommendations of further wind climate assessment reports required in the corresponding condition below;
r) Any requirements / recommendations of the traffic report as required in the corresponding conditions below;
s) All projections over the street alignment to conform with Building Regulations 2006, Part 5, Sections 505 to 514 as appropriate. Reference may be made to the City of Melbourne’s Road Encroachment Operational Guidelines with respect to projections impacting on street trees and clearances from face/back of kerb.
t) The provision of pedestrian sight lines at each of the development’s vehicle access points in accordance with the Planning Scheme;
u) The proposed canopy and doors opening over the western boundary between Siddeley Street and Flinders Street must be deleted and this elevation redesigned unless there is a change of ownership or agreement on the title that allows for the canopy and doors, and in addition it can be shown that the canopy will not impact the existing street trees and that acceptable wind conditions will be achieved.
v) Outward opening doors projecting into Spencer and Siddeley Streets be redesigned so that they do not project beyond the street alignment when open, when closed or when being opened or closed.
Layout Not Altered and Satisfactory Completion
6. The development as shown on the endorsed plans per stage must not be altered without the written consent of the Responsible Authority.
7. Once each stage of development has started it must be completed to the satisfaction of the Responsible Authority.
Wind Assessment
8. Prior to the commencement of each stage of the development, excluding demolition, bulk excavation, site preparation, soil removal, site remediation, retention works, footings, ground beams and ground slab and temporary structures, a wind tunnel test and environmental Wind Climate Assessment report of the development by a suitable qualified engineering consultant must be undertaken. Any further modifications required to the development in order to ensure acceptable wind conditions to the street and to the podium rooftop (if accessible), including stationary criteria to all entrance lobbies must be carefully developed as an integrated high quality solution with the architectural and landscape design and not rely on or impact street trees to be submitted to the satisfaction and be approved by the Responsible Authority in consultation with the City of Melbourne. The recommendations of the report must be implemented at no cost to the Responsible Authority or the City of Melbourne.
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Materials and Finishes
9. Prior to the commencement of each stage of the development, excluding demolition, bulk excavation, site preparation, soil removal, site remediation, retention works, footings, ground beams and ground slab and temporary structures, a facade strategy must be submitted to and approved by the Responsible Authority. The facade strategy for the redevelopment must be generally in accordance with plans prepared by ‘Elenburg Fraser Pty Ltd’ dated 11 June 2014 and detail a schedule of material, finishes and details, including but not limited to the colour, type of materials (and quality), construction and appearance. Each strategy must illustrate the legibility of the proposal from short and distant views, including the extent of facade pattern, level of colours and the ability to provide richness and depth. This can be provided through montages from various vantage points and/or a built model. The facade strategy must be submitted to and be to the satisfaction of the Responsible Authority and when approved will form part of the endorsed plans.
10. Prior to the commencement of each stage of the development, excluding demolition, bulk excavation, site preparation, soil removal, site remediation, retention works, footings, ground beams and ground slab and temporary structures, a sample board including a colour rendered and notated plan /elevation that illustrates the location and details of all external materials and finishes must be submitted to and be to the satisfaction of the Responsible Authority and when approved will form part of the endorsed plans. All finishes and surfaces of all external buildings and works, including materials and colours must be in conformity with the approved schedule to the satisfaction of the Responsible Authority.
11. Except with the consent of the Responsible Authority, all external glazing must be of a type that does not reflect more than 15% of visible light when measured at an angle of incidence normal to the glass surface.
Construction Management Plan
12. Prior to the commencement of each stage of the development, excluding demolition, bulk excavation, site preparation, soil removal, site remediation, retention works, footings, ground beams and ground slab and temporary structures, a detailed Construction Management Plan (CMP) must be prepared to and be approved by the City of Melbourne. All development must be carried out in accordance with the approved Construction Management Plan to the satisfaction of the City of Melbourne. The CMP must describe how the occupier of the subject land will manage the environmental, construction and amenity impacts associated with the construction of the development. The CMP must address the following:
a) Staging of construction;
b) Management of public access and linkages around the site during construction;
c) Site access and traffic management (including any disruptions to adjoining vehicular and pedestrian access ways);
d) Any works within the adjoining street network road reserves;
e) Sediment control and site drainage;
f) Hours of construction;
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g) Control of noise, dust and soiling of roadways;
h) Discharge of polluted waters;
i) Collection and disposal of building and construction waste.
j) Reasonable measures to ensure that disruption to adjacent public transport services are kept to a minimum.
k) Retention of City of Melbourne owned and or managed trees.
Environmental Audit
13. Prior to the commencement of the development hereby approved, excluding demolition and remediation works necessary to facilitate the audit, the applicant must provide either of the following for the whole of the land:
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 state that the site is suitable for the intended uses.
Where a Statement of Environmental Audit is provided, all the conditions of the Statement must be complied with to the satisfaction of the Responsible Authority prior to the occupation of the first stage of development. Written confirmation of compliance must be provided by either an EPA appointed Environmental Auditor or a suitably qualified environmental professional who is a member of the Australian Contaminated Land Consultants Associated or other person acceptable to the Responsible Authority. In addition, sign off must be in accordance with any requirements in the Statement conditions regarding verification of required works.
If there are any conditions of a Statement of Environmental Audit that the Responsible Authority consider require a significant ongoing maintenance and/or monitoring, the applicant must enter into a Section 173 Agreement under the Planning and Environment Act 1987. This Agreement must be executed on title prior to the occupation of the first stage of development. The applicant must meet all costs associated with the drafting and execution of the Agreement including those incurred by the Responsible Authority.
Landscaping
14. Prior to the commencement of the development, excluding demolition, bulk excavation, site preparation, soil removal, site remediation, retention works, footings, ground beams and ground slab and temporary structures, a detailed landscape and public realm plan (and supporting information as appropriate) prepared by a suitably qualified landscape architect in conjunction with the City of Melbourne if maintained by Council must be submitted and approved by the Responsible Authority in consultation with the City of Melbourne. This plan must include:
a) A schedule of all soft and hard landscaping and treatments to be the City of Melbourne’s standard.
b) Urban design elements including, but not limited to, paving, lighting, seating and public art, and clear demarcation of public ream and private spaces, including arrangements for pedestrian, bicycle and vehicle circulation.
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c) How the project responds to water sensitive urban design principles, including how storm water will be mitigated, captured, cleaned and stored for onsite use and the location and type of irrigation systems to be used including the location of any rainwater tanks to be used for irrigation.
d) Position, soil depths, type and spread of all trees on the site, and a schedule detailing the size and physical condition of each tree and, where appropriate, the steps to be taken to retain the trees in a felling, topping or lopping of any tree.
e) Location of buildings and trees on neighbouring properties within three metres of the boundary, including street trees.
f) Planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, an quantities of each plant.
g) Details of surface finishes of retaining walls, pathways, kerbs and laneways.
15. Provision of communal open space as shown on the endorsed plans must be completed within 6 months of completion of development to the satisfaction of the Responsible Authority and subsequently maintained to the satisfaction of the Responsible Authority.
Tree Protection
16. Any existing trees in the adjoining streets and land must be not be removed, lopped or pruned within the prior consent of the City of Melbourne. All costs in connection with the removal / relocation or replacement of the trees, including any payment for the amenity value of the tree(s) to be removed, must be met be the developer / owner of the site(s).
17. Prior to commencement of development, a detailed Tree Protection Management Plan (TPMP), prepared in accordance with the Australian Standard for tree protection on development sites (AS-4970-2009) and in consultation with the City of Melbourne's Tree Planning Team, must be submitted to and approved by the City of Melbourne (Tree Planting Team). The TMPM shall include the steps necessary to protect existing street trees during the construction of the development.
18. A bond to the total amenity, environmental, removal and replacement costs will be held to ensure the adequate protection of council trees in accordance with the endorsed tree protection management plan Tree valuation fact sheet
19. Prior to the commencement of the development a detailed landscape plan must be prepared in collaboration with and approved by the City of Melbourne - Urban Landscapes branch, that includes;
a. Consideration must be given to maximise the below-ground conditions for successful tree growth and establishment. 1m2 of tree canopy projection will require between 1-3m3 soil volume. To improve soil conditions and water infiltration in this location include structural soils or cells beneath the roadway and pavement, creation of a centre median, WSUD pits or soil trenches between trees.
b. Locations of all existing trees to be protected.
c. Position, species and intended canopy of all new street trees.
d. Below-ground details.
e. A schedule of all soft and hard landscaping and treatments.
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f. How the project responds to water sensitive urban design principles.
g. New large canopied trees be incorporated into the centre of Siddeley Street
20. All tree planting and maintenance will be done by City of Melbourne as part of the annual tree planting program at the expense of the developer.
Environmentally Sustainable Design (ESD)
21. Prior to the commencement of the development, excluding demolition, bulk excavation, site preparation, soil removal, site remediation, retention works, footings, ground beams and ground slab and temporary structures, an Environmentally Sustainable Design (ESD) Statement shall be prepared by a 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) A 5 star rating under a current version of Green Star - Retail Centre rating tool or equivalent
b) A 5 star rating under a current version of Green Star – Multi Unit Residential rating tool or equivalent.
c) 5 points for Wat-1 credit under a current version of the Green Building Council of Australia’s Green Star – Retail Centre rating tool or equivalent.
d) 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.
The performance outcomes specified in the Environmentally Sustainable Design (ESD) Statement must be implemented prior to occupancy at no cost to the Responsible Authority 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.
Noise Attenuation
22. Prior to the commencement of each stage of the development, excluding demolition, bulk excavation, site preparation, soil removal, site remediation, retention works, footings, ground beams and ground slab and temporary structures, an acoustic report from a qualified acoustic engineer, must be submitted to the satisfaction of the Responsible Authority certifying that the development will achieve a maximum noise level of 45dB(A) in habitable rooms with windows closed. The recommendations contained in the acoustic report must be implemented at no cost to the Responsible Authority.
Building appurtenances
23. All building plant and equipment on the roofs, balcony areas, common areas, public through fares must be concealed to the satisfaction of the Responsible Authority. The construction of any additional plant machinery and equipment, including but not limited to all air-conditioning equipment, ducts, flues, all exhausts including car parking and communications equipment shall be to the satisfaction of the Responsible Authority.
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24. Any satellite dishes, antennas or similar structures associated with the development must be designed and located at a single point on each building in the development to the satisfaction of the Responsible Authority, unless otherwise approved to the satisfaction of the Responsible Authority.
Lighting
25. All public lighting must conform to AS1158, AS3771 and The Public Lighting Code September 2001 to the satisfaction of the City of Melbourne (Engineering Services). All light poles and specifications first approved by the City of Melbourne (Engineering Services).
26. Existing public street lighting must not be altered without first obtaining the written approval of the City of Melbourne – Engineering Services.
Disability Audit
27. Prior to commencement of each stage of development, excluding demolition, bulk excavation, site preparation, soil removal, site remediation, retention works, footings, ground beams and ground slab and temporary structures, the applicant must commission a Disability Audit of the development and undertake any modifications to the development as required by the audit to the satisfaction of the Responsible Authority.
Car Parking, Loading/ Unloading, Waste Management & Bicycle Facilities
28. Prior to the commencement of each stage of development, excluding demolition, bulk excavation, site preparation, soil removal, site remediation, retention works, footings, ground beams and ground slab and temporary structures, a traffic engineering assessment including functional layout plans and other supporting information as appropriate be prepared to the satisfaction of the responsible authority in consultation with the City of Melbourne (Engineering Services). The assessment must detail satisfactory resolution of:
a) Issues raised in the City of Melbourne (Engineering Services) memorandum dated 22 October 2014:
b) The car parking numbers to be provided including construction in accordance with the design requirements specified in the Scheme.
c) Motor cycle parking provision rates in accordance with Scheme.
d) Bicycle parking spaces and end of trip facilities provided in accordance with Scheme.
e) Plans showing compliance with the requirements of Clause 52.07 (Loading and Unloading of Vehicles) of the Scheme.
f) Swept path plans demonstrating appropriate access arrangements to the site including all internal parking areas, and loading and servicing requirements.
g) The internal design of the car park and loading docks, the positioning of boom gates, card readers, control equipment, including car park control points, and ramp grades must be generally in accordance with the Australian and New Zealand Standard 2890.1-2004.
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29. The area set aside for car parking and access of vehicles and access ways must be constructed, delineated and clearly lined marketed to indicate each car space, the access ways and the direction in which vehicles must proceed along the access ways, in conformity with the endorsed plans. Parking areas and access ways must be kept available for these purposed at all times and maintained to the satisfaction of the Responsible Authority.
30. The areas set aside for the parking of vehicles within the site must not be operated as a public car parking facility.
31. All mechanical exhaust systems to the car park hereby approved must be sound attenuated to prevent noise nuisance to the occupants of the surrounding properties, to the satisfaction of the Responsible Authority.
32. Prior to the commencement of the development or any stage, excluding demolition, bulk excavation, site preparation, soil removal, site remediation, retention works, footings, ground beams and ground slab and temporary structures, a 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).
33. No garbage bin or surplus materials generated by the permitted use may be deposited or stored outside the site and bins must be returned to the garbage storage areas as soon as practicable after garbage collection.
34. The loading and unloading of vehicles and delivery of goods to and from the premises must at all times take place within the boundaries of the site.
35. Bicycle parking must be provided, located and appropriately signed generally in accordance with Clause 52.34 of the Melbourne Planning Scheme to the satisfaction of the Responsible Authority.
Street Levels and Crossovers
36. 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.
37. Siddeley Street along the redevelopment must be reconstructed together with associated works including the reconstruction or relocation of services as necessary at the cost of the developer, in accordance with plans and specifications first approved by the Responsible Authority – Engineering Services.
38. The footpaths adjoining the site along in Spencer and Flinders Streets must be reconstructed in sawn bluestone together with associated works including the reconstruction or relocation of kerb and channel and/or services as necessary at the cost of the developer, in accordance with plans and specifications first approved by the Responsible Authority – Engineering Services.
39. Existing street levels in Spencer, Flinders and Siddeley Streets 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
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Drainage
40. 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 City of Melbourne – Engineering Services
41. 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 City of Melbourne – 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 underground stormwater drainage system.
3D Model
42. Prior to the commencement of each stage of the development, excluding demolition, bulk excavation, site preparation, soil removal, site remediation, retention works, footings, ground beams and ground slab and temporary structures, or otherwise agreed with the Responsible Authority, a 3D digital model of the development and its immediate surrounds, as appropriate, must be submitted to the Responsible Authority and City of Melbourne and must be to the satisfaction of the Responsible Authority in conformity with the Department of Environment, Land, Water and Planning and the City of Melbourne 3D Digital Modelling requirements.
In the event that substantial modifications are made to the building envelope a revised 3D digital model must be submitted to and be to the satisfaction of the Responsible Authority and the City of Melbourne.
Advertising Signage
43. Prior to the display of any signage, other than branding and signage associated with construction, a signage strategy is to be submitted to the satisfaction of and be approved by the Responsible Authority in consultation with the City of Melbourne. Details of construction phases signage and branding such as hoarding treatments, must be submitted to the satisfaction of the Responsible Authority in consultation with the City of Melbourne. The signage strategy should include the location and dimensions of proposed signs and structures, their definition category, type of illumination, colours and materials. The signage strategy may be amended to the satisfaction of the Responsible Authority.
Time Limit
44. In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies:
• The development is not started within four (4) years of the date of this permit.
• The development is not completed within twelve (12) years of the date of this permit.
• The signage is not erected within twelve (12) years of the date of the 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.
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NOTES:
a) Pursuant to the Road Management Act 2004 any works within the road reserve
of Spencer Street, an Arterial Road, requires the written consent of VicRoads, the Coordinating Road Authority. Footpaths and nature strips of such roads fall under the City of Melbourne’s control although the Act specifically states that the Coordinating Road Authority gives conditions for works on these roads and the “road” is the reserve from building line to building line. Subsequently the City of Melbourne conditions for non-road works on footpaths and nature strips of Arterial Roads are listed below.
b) All necessary approvals and permits are to be first obtained from the City of Melbourne – Manager Engineering Services Branch and VicRoads and the works performed to the satisfaction of the City of Melbourne – Manager Engineering Services Branch and VicRoads
