FUTURE MELBOURNE (CONNECTED CITY) COMMITTEE REPORT Agenda Item 5.6 WARBURTON LANE – PROPOSED ROAD CLOSURE 1 February 2011 Presenter: Geoff Robinson, Manager Engineering Services Purpose and background 1. The purpose of this report is to advise Council in relation to a proposal for intermittent closure of Warburton Lane between the hours of 11am to 10pm Monday to Sunday (‘the Proposal’). 2. The proposal was developed following receipt of a petition, signed by a number of abutting property occupiers, requesting that Council implement an intermittent closure in Warburton Lane. 3. Warburton Lane is under Council’s care and management. Under Section 223 of the Local Government Act 1989 (‘the Act’), the Council is required to publish a public notice and receive any written submissions on the proposal within 28 days of the date of the public notice. In accordance with the Act, a public notice outlining the proposal was advertised in The Age newspaper on Friday 15 October 2010 (refer Attachment 2). A letter outlining the proposal was also forwarded to owners and occupiers of properties deemed to be affected (refer Attachment 3). Key issues 4. Council has received four submissions on the proposal (refer Attachment 4). The submissions are summarised with management comments in Attachment 5. The main issues raised in the submissions include the reduction in access (parking and loading opportunities), refuse management in the laneway and amenity issues associated with the potential kerbside café in Warburton Lane, should Council approve the proposal. 5. The Submissions (Section 223) Committee (‘Submissions Committee’) met on 1 December 2010 to consider the four submissions received and to hear those wishing to be heard in support of their submissions. The issues and specific concerns raised by the submitters, together with relevant comments from the Submissions Committee, are discussed in Attachment 6. 6. Having regard to the objections received, the Submissions Committee recommended that the proposed road closure in Warburton Lane not be approved as detailed in Attachment 6. This decision was based on problems identified by various business objectors related to access restrictions and impacts on parking and loading opportunities in the laneway. In addition, the resident objectors raised concerns regarding adverse impact on neighbourhood amenity and refuse management issues resulting from Warburton Lane being considered for kerbside café and outdoor dining during the proposed road closure times. 7. The reasons why the Submissions Committee rejected the road closure proposal are supported and it is recommended that Council endorse this decision. Recommendation from management 8. That the Future Melbourne Committee recommend Council: 8.1. endorse the recommendation made by the Submissions (Section 223) Committee to: 8.1.1. not proceed with the proposal as it is evident from the submissions received that further engagement is required between the relevant affected businesses, landowners and residents to: 8.1.1.1. identify the extent to which alternate parking and loading sites will be required during any period when Warburton Lane was proposed to be closed; Page 1 of 21
Transcript
F U T U R E M E L B O U R N E ( C O N N E C T E D C I T Y ) C O M M I T T E E R E P O R T
Agenda Item 5.6
WARBURTON LANE – PROPOSED ROAD CLOSURE 1 February 2011 Presenter: Geoff Robinson, Manager Engineering Services
Purpose and background
1. The purpose of this report is to advise Council in relation to a proposal for intermittent closure of Warburton Lane between the hours of 11am to 10pm Monday to Sunday (‘the Proposal’).
2. The proposal was developed following receipt of a petition, signed by a number of abutting property occupiers, requesting that Council implement an intermittent closure in Warburton Lane.
3. Warburton Lane is under Council’s care and management. Under Section 223 of the Local Government Act 1989 (‘the Act’), the Council is required to publish a public notice and receive any written submissions on the proposal within 28 days of the date of the public notice. In accordance with the Act, a public notice outlining the proposal was advertised in The Age newspaper on Friday 15 October 2010 (refer Attachment 2). A letter outlining the proposal was also forwarded to owners and occupiers of properties deemed to be affected (refer Attachment 3).
Key issues
4. Council has received four submissions on the proposal (refer Attachment 4). The submissions are summarised with management comments in Attachment 5. The main issues raised in the submissions include the reduction in access (parking and loading opportunities), refuse management in the laneway and amenity issues associated with the potential kerbside café in Warburton Lane, should Council approve the proposal.
5. The Submissions (Section 223) Committee (‘Submissions Committee’) met on 1 December 2010 to consider the four submissions received and to hear those wishing to be heard in support of their submissions. The issues and specific concerns raised by the submitters, together with relevant comments from the Submissions Committee, are discussed in Attachment 6.
6. Having regard to the objections received, the Submissions Committee recommended that the proposed road closure in Warburton Lane not be approved as detailed in Attachment 6. This decision was based on problems identified by various business objectors related to access restrictions and impacts on parking and loading opportunities in the laneway. In addition, the resident objectors raised concerns regarding adverse impact on neighbourhood amenity and refuse management issues resulting from Warburton Lane being considered for kerbside café and outdoor dining during the proposed road closure times.
7. The reasons why the Submissions Committee rejected the road closure proposal are supported and it is recommended that Council endorse this decision.
Recommendation from management
8. That the Future Melbourne Committee recommend Council:
8.1. endorse the recommendation made by the Submissions (Section 223) Committee to:
8.1.1. not proceed with the proposal as it is evident from the submissions received that further engagement is required between the relevant affected businesses, landowners and residents to:
8.1.1.1. identify the extent to which alternate parking and loading sites will be required during any period when Warburton Lane was proposed to be closed;
Page 1 of 21
Attachments: 1. Supporting Attachment 2. Copy of The Age Advertisement 3. Copy of the Letter Sent to the Owners and Owners 4. Copy of Submissions 5. Summary of Submissions 6. Issues Raised by the Submitters and Comments from the Submissions Committee 7. Plan 8P2202 8. Copy of VicRoads Report on the Proposal
8.1.1.2. consider whether the closure times contained in the Proposal are appropriate; and
8.1.1.3. consider the suitability of Warburton Lane for outdoor dining facilities; and
8.1.2. notify all submitters in writing of its decision and the reasons for its decision; and
8.2. encourage the parties, should they wish to have this matter considered again, to engage further with the other affected businesses, landowners and residents.
2
Page 2 of 21
SUPPORTING ATTACHMENT
Legal
1. The proposal to place obstructions or barriers is pursuant to Council’s powers in clause 9 of schedule 10 and section 207 of the Local Government Act 1989 and has been carried out in accordance with the requirements in sections 207A and 223 of the Act.
Finance
2. The overall project cost of the proposal has been estimated at $1500 which is for the installation of the removable bollards and associated signage.
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. The full detail of the consultation process is shown in Attachment 6.
Relation to Council policy
5. The following Objectives of the Council Plan 2009 – 2013 are relevant:
5.1. 12.1 Objective 1.6.1 of Outcome 1.6 – ‘Provide a range of high quality and welcoming public spaces’.
5.2. 12.2 Objective 6.1.3 of Outcome 6.1 – ‘Expand a connected bike and pedestrian network, and prioritise safe and easy pedestrian access, to promote cycling and walking in the city’.
6. Council’s Road Safety Plan 2005-2006 promotes the improvement of pedestrian amenity and safety in areas of high pedestrian usage.
Environmental sustainability
7. The recommendations of this report have no significant impact on environmental sustainability.
Attachment 1Agenda Item 5.6
Future Melbourne Committee1 February 2011
Page 3 of 21
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NOTICE TO FORMER CO-OWNERS OF THE PINE PLANTATION KNOWN AS
LITHGOW
Radiata Plantations Ltd (ACN 085 235 347) (in Liquidation) (Radiata) owned a number of undivided shares as tenant in common in lots 55&121 DP 757036 and lot 370 DP 591 059 at Lithgow in the Pahsh of Antonio, County of Westmoreland (Lithgow). The liquidators of Radiata have sold the Lithgow plantation. The liquidators of Radiata obtained orders in the Supreme Court of New South Wales in proceeding number 3521 of 2009 (Orders) reg arding the distribution of the net sale proceeds of the plantation to co-owners (Sale Proceeds). The Sale Proceeds have now been disthbuted to the relevant co-owners in accordance with the Orders except to the following co-owners who cannot be located: DC&NE Mittelheuser, TS&SI Tiong, Estate of EM Beri, Lois Eleen Yates, AG Sellers, AR Rhodes, B Pulley, DB Gardiner, DG Quinlan, DR Pointon, DW King EP Sealey, GM Lillicrap, I Thacker, J8 Myerscou gh. , JM Daly. K Issac, KDR Stange, KJ Klemke, Li Evans, M Haines, Mckenzie Campbell, McVeigh, MN Williamson, MW Harris, N Pilz„, ,P1 Schwartzkoff, PL Gadsby, PW Dewhurst, R Cummings, R Wheeler: RI O'Brien, S Vanderland, TM McCracken, WA Wallace, WH Allan, WH Parker, AW Matilla, CB Prior, DC Moir, EG Grant. GJ Gillespie. FIJ Bowen, JM Miles, LC Andrews, LJ Nelligan, M Sing h_ MT Rawlings, NG Treganowan, P J Mikschi, R Sumner, RI Rennie RK Shroeter RNA Van Der Byl. kw Howard, Werner, SA Ferndale, SE Calder, See Hay, SW Wells, A Akers, EA Lerro GP Cheong, L Curtis SH&$L LIM, LM Senior, Sd Button, SI DomM, Harnngton Group Ltd. Ausfor Ltd. If you are named above and previously had an interest as co-owner in the Uthgow plantation please contact:
Mr Zach Wilson Ferrier Hodgson Level 29. 600 Bourke Street Melbourne Victoha 3000 Phone: (03) 9600 4922
MELBOURNE CITY COUNCIL Notice under the Local Government Act 1989
Proposed permanent road closure of Warburton Lane, Melbourne at its intersection with Little Bourke Street from 11am to 10pm Monday to Sunday to all vehicles.
Notice is given pursuant to Clause 9 of Schedule 11 and sections 207 and 223 of the Local Government Act 1989 that the Melbourne City Council ("Council") proposes to restrict the passage or access of vehicles into Warburton Lane, Melbourne on a permanent basis, by placing and maintaining obstructions or barriers at its intersection with Little Bourke Street from 11:00am to 10:00pm Monday to Sunday, as shown on the adjoining plan ("Proposal"). The Proposal is intended to enable local businesses to establish outdoor dining facilities and improve amenity and safety for pedestrians. Further information about the Proposal can be found at www.melbourne.vic. gov.au or call 9658 9658.
Any person may make a submission on the Proposal to the Council. All submissions received by the Council on or before 12 November 2010 will be considered in accordance with Section 223(1) of the Local Government Act 1989, by the Council's Submissions (Section 223) Committee ("Committee").
If a person wishes to be heard in support of their submission, they must include the request to be heard in the written submission and this will entitle them to appear in person, or by a person acting on their behalf, before a meeting of the Committee, scheduled to be held on 1 December 2010, commencing at 3pm, in the Melbourne Town Hall Administration Building, 90 Swanston Street, Melbourne.
Written submissions should be marked "Proposed permanent intermittent road closure of Warburton Lane, Melbourne" and addressed to the Manager Governance Services, Melbourne City Council, Town Hall, 90 Swanston Street, Melbourne 3000 or GPO Box 1603, Melbourne 3001.
Proposed intermittent closure of Warburton Lane at Little Bourke Street, from 11:00am to 10:00pm Monday to Sunday, using removable bollards.
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OT10E TO FORMER CO-OWNERS OF THE PINE PLANTATION KNOWN AS
JENOLAN LOT 2
Radiata Plantations Ltd (ACN 085 235 347) (in Liquidation) (Radiata) owned a number of undivided shares as tenant in common in lot 2 DP 264564 at Hei Welyki in the Shire of Oberon,
Westmoreland (Jenolan Lot 2). Parish of Duckmaloi, Count of
The liquidators of Radiata have sold the Jenolan Lot 2 plantation. The liquidators of Radiata obtained orders in the Supreme Court of New South Wales in proceeding number 3521 of 2009 (Orders) regarding the disthbution of the net sale proceeds of the plantation to co-owners (Sale Proceeds). The Sale Proceeds have been distributed to the relevant co-owners in accordance with the Orders except to the following co-owners who cannot be located: TK&A Dallinger Si Domin A Neumann AJ Linford, BR&HC Norhs, dE&Bf Blake, CH&AE Salmond, CH Long, DD&RM Logan, DM Brewer, DR Begg. RA Newman, WH Murphy, T Denton, G Edwards, GE Gordon, GJ Campbell. Gl Trimbole, GS Lo Piccolo, GVV&MT Lovenbury, IC&GJ Robson, J&PA Knoch JA&LE Burnes, JF Yeoman, JHF Townsend Evelyn Adams. KF Couch. g.IC Flenhck, L&EM Honman, LI&M Smith, LM Tanzi,
W M Van Deraa, MA undersitz, Mandy Howell. MD Budai, RJ Sharpe & LA Butler, MS Johnson. N&JA Crockett, NEP&S Evans NR&KPM Leckie, P&Y Zappia, Stephens, R&E Bennetto, Murphy, RA&E Thompson, RA Overton, RB&AM Flarris, Raveane, RJ&SL Howard, RW Kirtley, S&D Jablan, TG Howell, TI Tyson, Trevor Wheadon, W Kenwright, WF&K Allan, YM Greet, Z Home, Mark Anthony Taylor, MR&AR Jessu p. Pine Forests of Australia (Orange). If you are named above and Previously had an interest as co-owner in the Jenolan Lot 2 plantation please contact:
Mr Zach Wilson Ferrier Hodgson Level 29, 6100 Bourke Street Melbourne Victoria 3000 Phone: (Os) 9600 4922
NOTICE TO FORMER LICENCE HOLDERS IN PINE PLANTATIONS AT BURRAGA, CLERGATE & ROCKLEY VISTA
Radiata Plantations Ltd (ACN 085 235 347)(in Liquidation) (Radiata) was the registered Proprietor of the pine plantations described below which have subsequently been sold by Radiata's liquidators. The pine plantations were subject to a number of licence agreements with licensees. The liquidators of Radiata obtained orders in the Supreme Court of New South Wales in proceeding number 3521 of 2009 (Orders) regarding the disthbution of the net sale proceeds of the pine plantation to licensees (Sale Proceeds). The Sale Proceeds have now been distributed by the liquidators to the relevant licensees in accordance with the Orders except to the following licensees who cannot be located:
Burraga - Lot 380 DP 1069017 at Burraga, in Shire of Evans, Parish of Jeremy, County of Georgiana: WL Rivers, G.1 Proud, JJ O'Brien, DL Shutes
Clergate - Lots 347 & 348 DP 1055915 at Clergate, Council of Cabonne, in Pahsh of March, County of Wellington: Lt Col R Humby. AM Tenace I Wilson, B Pennisi, CV Mabb, bL Goode, P Wills, CL Wilson, D Pollock, AF Jordan, M Taylor, RN Goodwin, R Cummings
Rockley Vista - Lots 51 & 67 DP 757054 at Rockley Vista, in Shire of Evans. Parish of Irene. County of Westmoreland: JR Ferguson, T1 Jackmann, MC Kleeman If you are named above and previously had an interest as licensee in the Burraga, Clergate or Rockley Vista plantations please contact:
Mr Zach Wilson Ferrier Hodgson Level 29. 600 Bourke Street Melbourne, Victoria 3000 Phone: (03) 9600 4922
NOTICE TO FORMER CO-OWNERS OF THE PINE PLANTATION KNOWN AS
TUMUT HEIGHTS
Radiata Plantations Ltd (ACN 085 235 347) (in Liquidation) (Radiata) owned a number of undivided shares as tenant in common in lot 121 DP 750981 and lot 5 DP 594257F at Tumut in the Shire of Tumut. Parish of Cooleman, County of Buccleuch (Tumut Heights). The liquidators of Radiata have sold the Tumut Hei g hts plantation. The liquidators of Radiata obtained orders in the Supreme Court of New South Wales in p roceedin g number 3521 of 2009 (Orders) regarding the disthbution of the net sale proceeds of the plantation to co-owners (Sale Proceeds). The Sale Proceeds have been distributed to the relevant co-owners in accordance with the Orders except to the following co-owners who cannot be located: Zelma Constance Day, E&P Cooper, MK Saxton, CE Turter, EL Kohler, D.I Rose, VVD Kendall, William David Kemdall, Maxwell Edwin Dennis, Maryanne Frances Saxton, Ausfor Ltd. If you are named above and previously had an interest as co- owner in the Tumut Heights plantation please contact:
Mr Zach Wilson Ferrier Hodgson Level 29, 6010 Bourke Street Melbourne, Victoria 3000 Phone: (03) 9600 4922
PROPOSED PERMANENT ROAD CLOSURE OF WARBURTON LANE, MELBOURNE
The City of Melbourne writes to advise that it is commencing legal procedures pursuant to the Local Government Act 1989, ('the Act') to restrict the passage or access of vehicles into Warburton Lane on a permanent basis, by placing and maintaining obstructions or barriers at its intersection with Little Bourke Street from 11:00am to 10:00pm Monday to Sunday.
A copy of the public notice and plan advertised in The Age newspaper on Friday 15 October 2010 is shown overleaf. The closing date for written submissions is Friday 12 November 2010.
Council's Submissions Committee will meet at 3pm on Wednesday 1 December 2010 in the Melbourne Town Hall, 90 Swanston Street, Melbourne. The Committee will hear those persons wishing to be heard in support of their written submission.
Please send your written submissions to: Manager Governance Services City of Melbourne PO Box 1603 Melbourne Victoria 3001.
If you have any further queries regarding this matter, please contact Mr Alex Gorelik on telephone number 9658 9423. For further information about the proposal visit our website www.melbourne.vic.gov.au
Yours sincerely
Haig Poulson Principal Engineer Traffic Engineering CoM Ref: Doc#6074036, SR 888695
MELBOURNE CITY COUNCIL Notice under the Local Government Act 1989
Proposed permanent road closure of Warburton Lane, Melbourne at its intersection with Little Bourke Street from 11am to 10pm Monday to Sunday to all vehicles.
Notice is given pursuant to Clause 9 of Schedule 11 and sections 207 and 223 of the Local Government Act 1989 that the Melbourne City Council ("Council") proposes to restrict the passage or access of vehicles into Warburton Lane, Melbourne on a permanent basis, by placing and maintaining obstructions or barriers at its intersection with Little Bourke Street from 11:00am to 10:00pm Monday to Sunday, as shown on the adjoining plan ("Proposal"). The Proposal is intended to enable local businesses to establish outdoor dining facilities and improve amenity and safety for pedestrians. Further information about the Proposal can be found at www.melbourne.vic.gov.au or call 9658 9658.
Any person may make a submission on the Proposal to the Council. All submissions received by the Council on or before 12 November 2010 will be considered in accordance with Section 223(1) of the Local Government Act 1989, by the Council's Submissions (Section 223) Committee ("Committee").
If a person wishes to be heard in support of their submission, they must include the request to be heard in the written submission and this will entitle them to appear in person, or by a person acting on their behalf, before a meeting of the Committee, scheduled to be held on 1 December 2010, commencing at 3pm, in the Melbourne Town Hall Administration Building, 90 Swanston Street, Melbourne.
Written submissions should be marked "Proposed permanent intermittent road closure of Warburton Lane, Melbourne" and addressed to the Manager Governance Services, Melbourne City Council, Town Hall, 90 Swanston Street, Melbourne 3000 or GPO Box 1603, Melbourne 3001.
Proposed intermittent closure of Warburton Lane at Little Bourke Street, from 11:00am to 10:00pm Monday to Sunday, using removable bollards.
Level 2,189 Rouse St. Port Melbourne 3207 P 03 9646 9911 F 03 9646 1055 www.gck.com.au
REAL ESTATE
GOI/ERNAA—TCRVICES
1 0 NOV 2010
ILQLLALL-LBOURNE
Yours Faithfully GCK REAL EST
9 November 2010
Manager Governance Services City of Melbourne PO Box 1603 MELBOURNE VIC 3000
Dear Sir/Madam
RE: Proposed Permanent Road Closure of Warburton Lane, Melbourne
We refer to your letter dated 14/10/2010 and whilst we in consultation with our Landlord client (8-10 Warburton Lane) are amenable to the proposed changes we are concerned with the following and would wish such items to be addressed in their entirety.
1) Type of bollard needs to have character and be in keeping with surrounds ie shouldn't be stark and not sympathetic.
2) Council should spend some time and money to upgrade laneway ie as are Niagra Lane & Hardware Lane by resurfacing with pavers or bluestone.
3) Bin issue seriously needs to be addressed by council somehow screening off at the end of the laneway.
4) Loading zone in front of building on Lt Bourke Street be installed for commercial deliveries.
5) Proposed smoking area of Portello Rosso outside the entry of the ground floor 8-10 Warburton Lane and entry to the apartments above must be declined for obvious reasons. We suggest smokers be sent closer to the front of the laneway near the proposed bollard area,
We look forward to discussing in detail at Councils Submissions Committee Meeting at 3pm Wedn3sday 1 st December 2010.
If you have any further queries please do not hesitate to contact me on 9646 9911 or 0412 560 810.
GEORGE KYPRIOTIS Managin9 DprFctOliensed Real Estate Agents,'Auctioneers, Valuers and Property Managers
This bu ss is depen ent y owne and operated by Paradigm Realty Pty. Ltd. ABN 25 431 032 063 Managing Director: George C. Kypriotis Licensed Estate Agent
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12 November 2010 CoM Ref: Doc#6074036, SR 888695 Manager Governance Services City of Melbourne GPO Box 1603 MELBOURNE VIC 3001 Dear Sir or Madam As a participant in the process surrounding the application for an outdoor café in Warburton Lane, Alex Gorelik emailed me a copy of Mr Haig Poulson’s letter dated 14 October 2010 advising the proposed permanent road closure of Warburton Lane, Melbourne. My views concerning this proposed closure have not changed since I detailed them in my earlier objection to Portello Rosso’s application to operate an outdoor café at 17 Warburton Lane (CoM reference SR1013414) dated 15 July 2009, and I reaffirm my concerns regarding the proposed closure of Warburton Lane below: Vehicle access • Warburton Lane is always full of cars, which never get booked, despite Setting Down and
Taking Up of Goods signs in the Lane. There is no enforcement of car parking restrictions at all, so none can be expected if the Lane gets closed. Cars will still park there in and outside of the proposed hours of closure and may still be there and need to exit if barriers are placed at the Little Bourke Street whilst the cars are parked
• Please refer to the previously provided random photos of cars parked in the Lane. We are sure Portello Rosso will try and tell you that there will be no problem if cars are not allowed in the Lane, but the photos show clearly that the Lane is constantly used by cars parking
• Resident cars need vehicle access to the Lane • Business cars need vehicle access to the Lane, the photos prove this • The size of the proposed outdoor café takes up half the Lane width; this will make vehicle
access impossible
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• It is not realistic to expect residents and businesses that currently have full access to Warburton Lane 24 hours a day, to be denied access from 11.00 am to 10.00 pm seven days a week.
Potential noise levels • The noise levels are already bad from people who come outside from inside the bars/ cafes
in Warburton Lane and around the area, we don’t need a worsening of the situation • The noise levels will be terrible if people are allowed to sit outside from 11.00 am til 10.00
pm, adding to the noise from inside venues. Liquor licensing • There is no question that this is a first step to liquor licence applications. Portello Rosso
inside has a licence so they will want an outdoor licence too • Then Soft Belly will want one. Indeed Lloyd Nunn, Soft Belly owner, said so to all Planning
Committee members on Tues 7 July 2009 during his presentation to the Planning Committee about his application for change of use from a restaurant to a tavern. Lloyd said he and Portello Rosso want to turn the Lane into another Hardware Lane with licensed cafes everywhere
• Drinkers from Murmur Bar will come down and sit in any outdoor area before and after 10pm, there will be no way management can monitor this, drunks and smokers will sit in the seats
• Seoul Korean restaurant may be next wanting drinkers out on in the Lane, as it is licensed too
• Campari, a 600 patron club/ bar has just been approved round the corner in Hardware Lane and is a problem for residents re noise. The numbers of drinkers in our area is out of control.
• Lately several more licences have been rejected or had trading hours downgraded (Rancho Notorious, Seoul, Soft Belly, The Meeting Place) in recognition of the problems in the Hardware Precinct with liquor and noise and patron behaviour. Only last weekend the cafe directly across from the Lane had its side window smashed.
Pedestrian access • With half the Lane taken up with an outdoor café, pedestrian access will be severely
adversely impacted • Murmur Bar will still be operating and pedestrian access will be impaired even more if an
outdoor café is allowed to open • Pedestrian access to Sakura Lounge will be impaired too. Character of the area
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• We don’t need another Hardware Lane with more outdoor drinking • This application is to get a drinking Lane by stealth. If you consider the outdoor café as a
stand alone application you are missing the wood for the trees. If you let one outdoor café open, then the floodgates will open and before we know it Warburton Lane will be another Hardware Lane without the Council having properly planned it.
• On Tuesday 7 July 2009 Soft Belly got a tavern licence, but the Planning Committee reduced the patron numbers from 180 to 140, in recognition of the cumulative impact of the spiralling number of licensed venues in our area, we don’t need even more
• The Hardware Precinct generally has a village day time business feel, it does not want another Hardware Lane, or to become another De Graves Place or Centre Place
• It is a mostly residential area, with a large number of residential dwellings • Virtually all the residents moved out of Hardware Lane due to excessive noise, we don’t
want that for Warburton Lane • Our building 362 Lt Bourke Street has been residential for 15 years • Nova apartments has been there many years and is a large residential building • The lanes and alleys in the precinct are largely residential. Operation of the site • Murmur Bar and Portello Rosso are the same business with the same owners • There have been significant issues with the operation of Murmur Bar. • There are also current problems with Murmur Bar patrons who mill outside in the Lane,
drink, talk, laugh, yell, make phone calls and generally disrupt the neighbourhood coming and going
• There are current problems with Soft Belly patrons who mill outside in the Lane and on Lt Bourke St, drink, talk, laugh, yell, make phone calls and generally disrupt the neighbourhood coming and going
• Since this application started +39 has also opened at 362 Lt Bourke St adding even more drinkers to the area
• The cumulative impact of all these bars means that it is not appropriate for this application to be approved.
• The Lane is often full of rubbish and I don’t believe it is an area that anyone would want to sit in.
Safety • The safety of residents will be further compromised if this goes ahead • We have already had a stabbing in front of Soft Belly a couple of years ago, it will not be
safe to approve an outdoor café in the Lane • More people = more drinkers = more vandalism =more violence = compromised safety
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• Soft Belly now being a tavern means more drinkers, we cannot have any more. Suitability of the outdoor café • Outdoor cafés are not suitable for this Lane, it would be too close to residents, the area is
too residential. As a resident living directly across the road from Warburton Lane (I live at Apartment 1, 362 Little Bourke St), I look directly into, and hear all the noise from, Warburton Lane and am extremely concerned about this proposed permanent road closure for the reasons above. I do not want another Hardware Lane directly opposite my home. Yours sincerely
Fiona McLeod 1/362 Little Bourke Street MELBOURNE 3000 Phone: 0412 920 078
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Manager Governance Services City of Melbourne GPO Box 1603 Melbourne Vic 3001
09 June 2010
Re: Proposed Permanent Road closure of Warburton Lane Melbourne
To The Manager Government Services
I am writing to oppose the request based on the additional load it will place on the surrounding lanes, for what it is ready problematic access for couriers, waste bins, Noise, etc.
Customers and Neighbouring residents who require to drop people and goods off will be denied momentary parking in what is already a highly congested area. — forced to "loop" the block in an attempt to find an area for drop of and — or unloading.
There is already a large impact on the buildings, amenities, noise and general enjoyment in this area due to the high proximity of licensed venues and bars and the resulting damages, graffiti, urination, vandalism and other antisocial behaviour which is transferred down lane ways as people seek places to alleviate themselves and participate in various noisy and illicit activities.
The effect on the lanes and the Residents, Owners and Ratepayers is increasing and brings about a number of related detrimental effects to all the people that and wish free access in the limited public space available to use the lanes, and CBD in general.
While appreciating the nature of inner-city living, having converted a Warehouse space into Residential over 15 years ago, I have received numerous and increasing complaints from tenants in relation to alcohol, Noise and other related issues as outlined in this objection.
Doorways and any other recessed areas are used as public urinals and vomiting areas. This has the effect of tenants turning over, reduced rentals, vandalism, excessive noise, lowering the value of the adjoining properties, etc.
With residents and visitors to the area having to face the noise of a large numbers of Customers coming and going down narrow laneways, along with broken glass, cigarette butts and other rubbish.
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We are now facing a complete destruction of the nature and harmony of the lanes and amenities of the area with the proposed removal of Public Space and access for seven days a week and the potential of seven day alcohol trading into the late-night.
This is a significant and massive increase of the existing operation, which may offer some commercial benefits to the applicant, but not in harmony with the mixed use of properties in the laneways and will bring about increased hardships in dealing with close proximity living.
As a ratepayer of three residential properties the for the past years, we have seen the amenities and the ability for tenants and residents to enjoy "quiet" evenings has diminished considerably.
As the proposed amendment all patrons have to walk past and around residential and mixeduse heritage buildings; which don't necessarily have the sound proofing or insulation.
There is also considerable inconvenience and noise in relation to the disposal of glass waste and other rubbish long after the last group of loud patrons have left and closed.
There is no need for extending the commercial area into a private dining room, which already contribute to considerable detriment of the free and historic nature of the laneways and the harmony of all the other tenants and businesses in the laneways.
With such close proximity the trading hours and rubbish disposal is already an issue with access to lanes. With the increase of waste and trading hours will increase further the amount of noise and waste and space required, and completely destroy the Tenants ability to enjoy the peace and quite throughout the day and particularly after 7pm.
The increase in Customers will also reduce the availability of parking for Residents, Tenants and their visitors and guests at night and create further hardships for simple things like shopping and deliveries in the areas and laneways.
With the already large number of nearby licensed venues, bars, and other licensed establishments within a 150 m radius, the Lanes are already suffering from the noise, potential violence and negative effects of excessive alcohol consumption by patrons.
These include "pre and post-drinking" in Lanes prior to attending other bars, vomiting, urinating, syringes, vandalism, noise and a strange habit of dragging rubbish bins down the lanes and street in the night.
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I am happy to provide further details including MCC laneway details, images of overflowing rubbish bins and more details of the lost of the harmonious nature of the laneways.
With kind reggrcl,s
Melbourne 3001
Cc:
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Attchment 5Agenda Item 5.1
Submissions Committee1 December 2010No. NAME
(Strength of objection to the proposal)
BUSINESS NAME/ ORGANISATION/ADDRESS
NATURE OF SUBMISSION COMMENTS
Request the provision of a Loading Zone facility in front of 365-367 Lt Bourke St, to enable deliveries to the client’s premises.
The parking restrictions in Lt Bourke St, outside the Softbelly bar/restaurant, are signed partially as '1/4P 7:30am-7:30pm Mon-Fri, 1P 7:30am-7:30pm Sat & 7:30am-6:30pm Sun' (generally to the east of Softbelly) , and partly as 'No Stopping' (generally to the west of Softbelly, towards Warburton Ln) . A Loading Zone facility is provided to the west of Warburton Ln, signed as 'Loading Zone 30min 7:30am-7:30pm Mon-Fri, 1P 7:30am-7:30pm Sat & 7:30am-6:30pm Sun'. It would not be appropriate to remove the 'No Stopping' area directly outside Softbelly, as it is needed due to the statutory sight line requirements at the intersection and given the existing kerb extension in Lt Bourke St, immediately east of Warburton Ln. It is considered that adequate delivery/servicing opportunities exist in the vicinity, given the current Loading Zone restrictions and the 1/4P short-term parking provision.
A screen should be installed at the rear of the laneway for the placement of rubbish bins behind it, to avoid the current unsightly look.
This issue will be investigated, in consultation with the relevant departments within Council and the local community.
Council should put forward a proposal in relation to cleaning up the unsightly look of the laneway i.e. paving, painting, lighting etc. and the type of bollards proposed at the entrance.
Standard frangible aluminium bollards must be used as part of the intermittent closures, to enable emergency vehicles to drive through them in an emergency. The use of such bollards has been agreed with both the Fire Brigade and the Ambulance Service. The other issues in relation to the paving, painting & lighting will be investigated, in consultation with the relevant departments within Council and the local community.
The type of bollard needs to have character and be in keeping with surrounds.
Standard frangible aluminium bollards must be used, as per above comments.
Council should upgrade/resurface the laneway. This issue will be investigated, in consultation with the relevant departments within Council and the local community.Bins should be ‘screened off’ at the end of the laneway. This issue will be investigated, in consultation with the relevant departments within Council and the local community.Loading Zone should be installed in Lt Bourke St for commercial deliveries.
This issue is discussed above, as part of the 1st comment for Submission 1.
Proposed smoking area of Portello Rosso outside the entry of the ground floor 8-10 Warburton Lane and entry to the apartments above must be declined. Smokers should be sent closer to Lt Bourke St.
These issues were addressed as part of the community consultation process for the outdoor café/street trading conditions, undertaken during 2009. The designated smoking area was put forward as part of the applicant's (Portello Rosso) Patron Management Plan detailing measures and the operational management of patrons utilising the proposed dining area in Warburton Lane and the area proposed to be set aside for smokers. The designated smoking area is an additional effort by the applicant to mangage smoking in a suitable location of the lane to minimise the detrimental impact of smoking to the amenity of the residents/other businesses. If the area proposed is unsuitable, this will be altered. It should be noted permits for smoking areas are not required under the Activities Local Law and smoking will occur regardless of the existence of an outdoor cafe or the closure of the street. The terms and conditions of the permit and final layout of outdoor cafe area and smoking area will be further refined through further consultation with the applicant and any affected stakeholders - pending the outcome of the intermittent road closure application.
Cars park illegally in the lane and may be ‘locked in’ when the lane is closed.
Such issues have been successfully resolved at other similar laneway closures in the City.
Resident & business cars need access to the lane. Vehicular access to the lane will be blocked between 11am - 10pm each day.Cafes will take up half the width of the lane, making vehicle access impossible.
Vehicles will not be permitted to access the lane during the closure period.
Noise levels will increase as a result of the cafes. These issues were addressed as part of the community consultation process for the outdoor café/street trading conditions, undertaken during 2009. The applicant (Portello Rosso) has addressed the management of noise in the Patron Management Plan detailing measures and the operational management of patrons utilising the proposed dining area in Warburton Lane. Terms and conditions, including operating times and the final layout of outdoor cafe area / smoking area will be further established through further consultation with the applicant and any affected stakeholders - pending the outcome of the intermittent road closure application.
A number of issues have been raised regarding the liquir licence applications by the venues in the laneway.
The responsible authority for approving a liquor licence is Responsible Alcohol Victoria (RAV). The terms and conditions of an Outdoor Café Permit clearly stipulates that the consumption of liquor in the outdoor cafe is subject to RAV approval. It is also a strict condition that the predominant activity of the outdoor café must be for the service of meals for the consumption by seated patrons.
Pedestrian access will be adversely impacted by the cafes. The layout of the cafes will be set up to ensure that adequate pedestrian access is provided.The safety of residents will be compromised. The addition of a dining area in the lane connected to Portello Rosso has been viewed as a potential safety benefit by adding
an element of passive surveillance into the lane by dining patrons. The applicant's Patron Management Plan articulates measures to enhance safety and amenity in the lane.
Due to the closure of the laneway and the increased café patronage, the availability of on-street parking will be reduced for residents and visitors, particularly at night.
Although vehicles will not be permitted to access the lane during the closure period, adequate short-term parking opportunities are provided in Lt Bourke St. Parking restrictions in the vicinity can be reviewed in order to address the increasing demand by the cafe patrons, in consultation with the community.
There will be an impact on amenity including noise, damage to property, graffiti, litter, urination, vandalism and other antisocial behaviour.
The addition of a dining area in the lane connected to Portello Rosso has been viewed as a potential safety benefit by adding an element of passive surveillance into the lane by dining patrons. The applicant's Patron Management Plan articulates measures to enhance safety and amenity in the lane and maintain appropriate clearances and setbacks. The terms and conditions of an Outdoor Café Permit will clearly stipulate conditions that the predominant activity of the outdoor café must be for the service of meals for the consumption by seated patrons, and that the licensee must respond to the behaviours of patrons in the outdoor cafe that may lead to compromising the safety and amenity of the area.
Fiona McLeod (Strongly objects to the proposal).
Mr Wayne Coles-Janess (Strongly objects to the proposal).
Sales & Leasing Manager, MPC Moss Property Consultants, Level 1/429 Bridge Rd Richmond Vic 3121, PO Box 98 Richmond Vic 3121, (appointed agents of Pekoula Nominees Pty Ltd the owners of Ground Floor, 365-367 Lt Bourke St, Melbourne)
Managing Director, GCK Real Estate, Level 2,189 Rouse St, Port Melbourne Vic 3207, (acting on behalf of the Landlord client at, 8-10 Warburton Lane)
1/362 Lt Bourke St, MELBOURNE 3000
GPO Box 705, Melbourne 3001
Mr James Moss (Has some objections, concerns & suggestions regarding the proposal) .
Mr George Kypriotis (Has some objections, concerns & suggestions regarding the proposal).
1. Prior to embarking on the formal road closure legal procedures, the views of the abutting property occupiers were sought on the proposal. Questionnaires were distributed to 25 properties abutting the lane in February 2009. A total of nine responses were received, all in support of the proposal.
2. A preliminary evaluation of the associated outdoor café permit application by ‘Portello Rosso’ (adjacent to its premises) was conducted in order to assess the likely impact of the café on the amenity of the area, pedestrian access, safety and appropriate management of the café. As a result of the community engagement process which involved notification of residents and a Residential Panel Hearing held on 18 August 2009, it was determined that the operation of the café would be supported in principle based on the following conditions: 2.1 The Outdoor Cafe Permit ('permit') pursuant to the Activities Local Law 2009 would only be granted
if the application for the intermittent closure of Warburton Lane is approved by Council; 2.2 Hours of trade of the café would be between 11am-10pm Thursday-Saturday and between 11am-6pm
Sunday-Wednesday; and 2.3 The permit would be subject to a six month trial period and to the strict adherence to the submitted
outdoor café management plan and permit (if issued).
Detailed Background
3. Warburton Lane is a cul-de-sac situated off the south side of Little Bourke Street in the block between Queen and Elizabeth Streets. The lane has a 4.3 metres wide carriageway, with a narrow buffer kerb on either side over its length of approximately 67 metres. The abutting land use comprises of bars, restaurants and a ‘day spa’ business. The lane provides servicing access to a number of businesses with frontages in Bourke Street, Little Bourke Street and Hardware Lane, including 7 Eleven, McDonalds, Wilson Parking, OPSM, several cafes, offices and apartments. The lane is currently signed as ‘No Stopping Area Vehicles Actually Engaged in Taking Up and Setting Down of Goods Excepted’.
4. The proposed closure, as shown on the plan No. 8P2202 (Attachment 7), will involve the installation of removable bollards and signage at the entrance to the lane, stating “No Entry 11am - 10pm Monday to Sunday”. Both the garbage collection and street sweeping will not be affected, as these activities are undertaken prior to the closure hours.
5. As required by the Act, Council has received a VicRoads’ report on the proposal, which advises that no objection is offered to the intermittent closure hours of Warburton Lane (Attachment 8).
6. Section 207A of the Act provides for submissions under Section 223 of the Act in regard to the exercise of Council powers to block or restrict the passage or access of vehicles on a road by placing and maintaining a permanent barrier or other obstruction on the road.
Detailed Key Issues
7. The Submissions Committee met on 1 December 2010 to consider the four submissions received and to hear those wishing to be heard in support of their submissions. The following submitters had requested to speak in support of their submissions: • Mr George Kypriotis, on behalf of GCK Real Estate Pty Ltd; • Mr James Moss, on behalf of MPC Moss Property Consultants; and • Ms Fiona McLeod, a resident of the nearby Warburton Alley (which runs off the north side of Lt
Bourke Street, located close to Warburton Lane).
8. Mr George Kypriotis addressed the Committee, making the following comments and concerns regarding the Proposal: • He is in support of installing bollards in the lane, although has concerns regarding the cosmetic
• He requested that bluestone be upgraded and rubbish issues be addressed during the meeting; and • He respects the Town Planning application for a kerbside café however has concerns regarding smoking
in the area.
9. Mr James Moss addressed the Committee, making the following comments and concerns regarding the proposed laneway closure: • He acknowledged and agreed with comments by Mr Kypriotis; • He requested it to be noted that his client has roller door access to the lane and has concerns regarding
vehicle access during the period the bollards are in operation; • He raised concerns regarding access for people moving items to/from premises located in the lane; • He believed the lane closure would restrict parking availability in the area; and • He requested it be noted that they had not been advised of the request to close the lane until 15 October
2010 and believed more community engagement would have been beneficial.
10. Ms Fiona McLeod addressed the Committee, making the following comments and concerns regarding the proposed laneway closure: • She acknowledged and agreed with comments made by other submitters; and • She believed that if Warburton Lane is closed to all traffic it will cause vehicles to park illegally in
Warburton Alley.
11. Although Mr Aaron Whitney did not make a formal submission, he requested to address the Committee at the meeting on behalf of Portello Rosso, making the following comments: • He supports the proposed laneway closure; • He believed the closure would provide easy access for rubbish collection; • Pedestrian safety concerns will be alleviated; and • He acknowledged concerns raised by residents and submitters and advised that he would be happy to
discuss the matter further with all parties involved.
12. In response to concerns raised by submitters Haig Poulson made the following comments: • The bollards would be installed in line with the buildings at the intersection of the laneway. • Due to an agreement with emergency services the bollards must be made of aluminum.
13. The Submissions Committee adjourned at 3.40pm 1 December and reconvened at 9am on Tuesday 7 December 2010. The Committee concluded that, having considered all submissions received in respect to the proposed intermittent closure of Warburton Lane between the hours of 11am to 10pm Monday to Sunday (Proposal) and having heard all persons wishing to speak in support of their submission in respect to the Proposal, the Submissions (Section 223) Committee recommends that Council:
13.1 Not proceed with the Proposal as it is evident from the submissions received that further engagement is required between the relevant affected businesses, landowners and residents to:
13.1.1 Identify the extent to which alternate parking and loading sites will be required during any period when Warburton Lane was proposed to be closed;
13.1.2 Consider whether the closure times contained in the Proposal are appropriate; and
13.1.3 Consider the suitability of Warburton Lane for outdoor dining facilities.
13.2 Notify all submitters in writing of its decision and the reasons for its decision.
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WARBURTON LANE SITUATED OFF THE SOUTH SIDE OF LITTLE BOURKE STREET, IN THE BLOCK BETWEEN
QUEEN AND ELIZABETH STREETS
ROAD CLOSURE PLAN DM #5121356
8P2202
Alex Gorelik
23/3/2009
1
As above
Proposed intermittent closure of Warburton Lane at Little Bourke Street, from 11:00am to 10:00pm Monday to Sunday, using removable bollards.
Mr Haig Poulson Principal Engineer — Traffic Engineering City of Melbourne PO Box 1603 MELBOURNE VIC 3001
Attention : Mr Alex Gorelik
TRAFFIC OPERATIONS (CENTRAL)
Dear Mr Poulson,
PROPOSED INTERMITTENT CLOSURE OF WARBURNTON LANE, MELBOURNE
I refer to your letter dated 7 October 2010, seeking a report from VicRoads under'Section 207 of the Local Government Act 1989, concerning the intermitted closure of Warburton Lane between 11:00am to 10:00pm, Monday to Sunday.
VicRoads has considered the matter and a report is enclosed.
REPORT ON CITY OF MELBOURNE'S PROPOSAL TO INTERMITTENTLY CLOSE WARBURNTON LANE, MELBOURNE
I. PROPOSAL
This report concerns a proposal by the Council to introduce an intermittent closure of Warburton Lane, Melbourne, to operate from 11:00am to 10:00pm, Monday to Sunday. The purpose of this closure is to:
Improve pedestrian amenity and safety
2. EXISTING CONDITIONS AND TRAFFIC PATTERNS
Warburton Lane is a 4.3 metre wide cul-de-sac running in the north — south direction from Little Bourke Street.
The abutting land use is generally commercial
3. EFFECT OF THE CLOSURE
The proposed closure is not expected to have a detrimental impact on traffic in the area.
4. IMPACT ON PUBLIC TRANSPORT AND TRUCK MOVEMENTS
Warburton Lane does not from part of any public transport route
City of Melbourne will need to notify all emergency service authorities of the road closure.
5. CONCLUSION
VicRoads has no objection to the intermittent closure of Warburton Lane as proposed by Council.
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