4 September 2007 APPLICATION FOR PLANNING PERMIT : TP …

P L A N N I N G C O M M I T T E E R E P O R T Agenda Item 5.2 4 September 2007APPLICATION FOR PLANNING PERMIT : TP-2007-394, 188-196 PEEL STREET, NORTH MELBOURNE

Division Sustainability & Regulatory Services

Presenter Con Livanos, Executive Officer Development Planning

Purpose

1. To inform the Planning Committee of an application to develop the land at 188 – 196 Peel Street, North Melbourne for the purpose of a 5 storey student accommodation building with a waiver of the car parking requirement.

2. This application has been presented to the Planning Committee at the request of Cr Shanahan.

Summary

Application Number: TP-2007-394

Proposal: Demolition of the existing building, construction of a 5 level student accommodation building and a waiver of the car parking requirement

Applicant: Cugura Builders Pty Ltd C/- Hayball Leonard Stent, Suite 4, 135 Sturt St, Southbank

Zoning: Mixed Use Zone (MUZ)

Overlay: Heritage Overlay (HO3 – North and West Melbourne Precinct) Design and Development Overlay (DDO31 – North Melbourne Central), which prescribes a 14m maximum height control

Existing Use: Factory (Citroen Building)

Number of Objections: 16

Recommendation from Management

3. That the Planning Committee issue a Notice of Decision to Grant a Planning Permit, subject to the conditions listed at Attachment 1 of this report.

Proposal

4. The site is located on east side of Peel Street, between Queensberry (south) and O’Connell (north) Streets, North Melbourne (refer Attachment 2).

5. The application seeks approval for the demolition of the existing building and construction of a student accommodation building and waiver of car parking. Through negotiation with the neighbours the development has had some minor refinements. The latest development plans (refer Attachment 3) show:

5.1. demolition of the existing 2 storey factory building;

5.2. construction of a 5 storey building comprising 91 student accommodation units;

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5.3. two car parking spaces and 30 bike parking spaces at the lower ground level, accessed from O’Connell Street, together with an open courtyard, shared laundry and 15 apartments;

5.4. removal of the existing cross over from Peel Street and the reinstatement of the kerb;

5.5. the main entrance fronts Peel Street (upper ground level) with a manager’s office, lobby, common room and 16 studio apartments;

5.6. identical floor plates on levels 2, 3 and 4 each with 20 studio apartments;

5.7. a contemporary design that uses pre-cast concrete panels and light weight metal cladding to articulate the Peel and O’Connell Street frontages; and

5.8. an overall height of 14m when measured from the centre of the site frontage (in this case determined to be Peel Street, given its mailing address and main entry point).

Key Issues

6. The key issues for the application are as follows:

6.1. car parking;

6.2. heritage and design; and

6.3. impacts on the adjoining properties.

Car Parking

7. Council’s engineers were referred the application to comment on the impact of the proposed development on the surrounding road net work and the proposed waiving of car spaces. The engineers supported the view put forward in the submitted traffic report, that the waiving of car spaces was appropriate.

8. This view is supported given that there is significant data available showing that car ownership is very low amongst students, particularly overseas students; the applicant will increase the level of secure on site bike parking to 30; the site is proximate to the CBD and a number of educational institutions, and the proposal is supported by an empirical parking assessment of the surrounding area.

9. To ensure that the development is used for student accommodation in the future the applicant will be required to enter into a Section 173 agreement that requires the land to be used for no other purpose than student accommodation. Also, the development will be electronically tagged and new residents in the building will not have access to the Resident Parking Scheme (parking permits).

Heritage and Design

10. Given that the existing building is an ungraded building, its demolition is considered to be acceptable. The balance of the heritage assessment is the impact of the new building on the graded buildings to the south.

11. The C graded buildings to the south (180 – 186 Peel Street) are located within level 3 streetscapes. Within the Melbourne Planning Scheme, this grading suggests that they are contributory to the precinct rather than individually significant (an A or a B grading would constitute a significant building).

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12. The setback from Peel Street of the new building mimics the adjoining building to the north and then steps back to match the setbacks of the neighbouring properties to the south. This is considered to be an acceptable design solution given the grading of the adjoining buildings and the character of this section of Peel Street.

Impacts on Adjacent Residences

Building Height and Scale

13. The size of the proposed development is smaller that that of the neighbour to the north and will not result in loss of amenity in terms of building scale.

14. To the south, the design response has opted for an open internal wedge that has been located to line up with the private open spaces of the properties to the south. This is considered to be an appropriate way of transitioning from a very large and dominating building at 198 Peel Street to the 1 and 2 storey dwellings to the south.

15. During consultation with these neighbours, it was agreed that the existing wall along the south boundary will be retained to preserve privacy. Additional screening to the internal windows is also proposed to further protect the rear private areas.

Daylight to existing windows

16. The ground level windows to 186 Peel Street currently receive poor levels of daylight, given the existing building and other nearby structures. At first floor however, the single window to the bedroom provides direct morning sunlight that is highly valued by the owners of this property. The shadow studies produced by the applicant demonstrate the impact of the amended plans preserve 100 per cent daylight after 10am until midday and some sunlight before 10am. In light of the constraints of the site, the existing daylight received by these windows and the context of the area the shadow impact seems to be contained to within reasonable limits on the equinox (refer to Attachment 4).

17. The west facing, rear windows of 83 O’Connell Street are located under an existing verandah and do not receive direct daylight.

Overshadowing

18. In the existing setting, the properties to the south are adjacent to an approximately 6 m high wall that takes a significant amount of sunlight from the private open spaces of these dwellings.

19. The use of a V shaped layout will provide a more open outlook from the garden spaces. While the current situation is not ideal, the submitted shadow diagrams show a similar level of shadowing to the neighbouring properties, which in the context of its surrounds is considered to be acceptable.

Relation to Council Policy (including Municipal Strategic Statement) 20. At the State level there are a number of strategies found within the State Planning Policy

Framework (SPPF) that are relevant in the consideration of this proposal, such as Clause 12 - Metropolitan Development; Clause 14 – Settlement; and Clause 19.03 – Design and Built Form. The broad direction that can be drawn from these Clauses is one that encourages a more consolidated built form around areas of existing activity where there is good access to facilities, employment, education and transport. This consolidated form, however, should not compromise amenity or overload existing networks and provide sustainable and well designed outcomes.

21. North and West Melbourne is and has been experiencing a high level of development given its inner city location and favourable locational attributes. There is policy support for a development of this order, in this location to make most efficient use of the existing social and physical infrastructure.

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22. At the local level, the strategic context mimics the broader directions of the SPPF, but further developed to reflect local ambitions and preferred outcomes. These are found at Clause 21.04 - Land Use; Clause 21.05 – City Structure and Built Form; and Clause 21.08 – Local Areas.

23. Clause 21.05 identifies this as an area where residential development that maintains the low scale character of the area is encouraged. In this area it is policy that the height and bulk of new buildings, as well as new structures, including signage; respond to site context including the prevailing neighbourhood and heritage character; ensure that neighbouring properties are not adversely affected by the scale and bulk of development; ensure buildings are designed and located so that levels of sunlight and daylight available to neighbouring properties are not unreasonably reduced; and ensure a high level of on-site amenity for future occupants of new residential developments.

24. Given the significance of Peel Street as a major road in the local area, a higher expression of built form is anticipated. Further, the site’s location characteristics would encourage the use of the site for a more intense level of development. In board terms, this is a site where a development of this scale will achieve the urban consolidation and residential land use objectives of the State and Local sections of the Scheme.

Consultation

25. The application was advertised in accordance with Section 52 of the Planning and Environment Act 1987 (“the Act”), by way of letter to the adjoining properties and notices on both street frontages, Peel Street and O’Connell Streets. A total of 16 objections were received, raising issues relating to car parking; heritage and neighbourhood character; noise resulting from student accommodation use; impacts on adjoining buildings during construction; overdevelopment; overshadowing; overlooking; inconsistencies on the plans; and building height.

26. A consultation meeting was held on 4 July 2007 to introduce the parties and hold a discussion about the issues. The meeting was well attended and while it did not result in the submission of amended plans, it facilitated communication between the applicant and the most affected neighbours to the south (188 Peel and 83 O’Connell Streets). The agreements reached between these parties have been included as part of Condition 1 (at Attachment 1).

Time Frame

27. The statutory time frame outlined in the Planning and Environment Act 1987 allows 60 days for the consideration of a planning permit application. This 60 day time limit has now passed.

Finance

28. There are no direct financial issues that arise from the recommendations in this report.

Legal

29. Division 1 of Part 4 of the Act sets out the requirements in relation to applications for permits pursuant to the relevant planning scheme.

Background

30. The existing building on the site is an early 20th century, warehouse styled building that covers 100 per cent of the site. It is a prominent, 2 storey building with two single vehicle accesses from O’Connell Street and a double cross over from Peel Street.

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Attachments: 1. List of conditions 2. Site plan 3. Current development plans 4. Shadow diagrams

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31. To the south of the site are 2 dwellings, one with a frontage to Peel Street and one with a frontage to O’Connell Street. 186 Peel Street is a double storey Victorian dwelling constructed between 1873 and 1899. This dwelling (like 184,182 and 180 Peel Street) is a C graded building.

32. The property at 83 O’Connell Street also shares walls along the common boundary of the subject site. It is an early, single storey dwelling, possibly late Victorian/Edwardian, but ungraded in the heritage inventory and has not been assessed by a heritage professional. This dwelling is currently used as a residence and has a small courtyard area at the rear of the site that abuts the existing factory wall of 188-196 Peel Street.

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PROPOSED PLANNING PERMIT CONDITIONS TP-2007-394: 188-196 PEEL STREET, NORTH MELBOURNE

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1. Prior to the commencement of any demolition, construction or carrying out of works on the land, the applicant must submit to the Responsible Authority three copies of plans drawn to scale generally in accordance with the plans received on 7 May 2007 but amended to show:

a). Increase in bike numbers within the bike enclosure to 30 spaces b). Setback of stairs to the Peel St entrance to allow tactile surface indicators to be installed within property

boundary c). South boundary wall height increased from a height of 3m to 6m (approximately same height as the

existing wall) d). Details of the treatment of the south facing boundary wall e). Privacy screens (perforated metal max 25% transparency) to the main window & balcony of units 12

&13 (Level 1) f). Privacy screens (perforated metal max 25% transparency) to the main window & balcony of units 11,12

&13 (Levels 2 and 3) g). Privacy screening to horizontal slot windows to unit 13 (Levels 2 and 3) h). Opaque glass to slot window to unit 20, facing onto courtyard (Levels 2 and 3) i). Introduction of a 1.2m setback to Unit 20 of each level (for a length of 5m) and a setback of 1.7m (for a

length of 1.7m) to Unit 13 of each level in accordance with the plans received by Council on 10 August 2007 labelled Typical Amended Level

These amended plans must be to the satisfaction of the Responsible Authority and when approved shall be the endorsed plans of this permit.

2. The development as shown on the endorsed plan(s) must not be altered or modified without the prior written consent of the Responsible Authority.

3. A schedule and samples of all external materials, colours and finishes must be submitted to the satisfaction of the Responsible Authority prior to the commencement of the development. The schedule must show the materials, colours and finishes of all external walls, roof, fascias, window frames, glazing types, doors, balustrades, fences and paving, (including car park surfacing), outbuildings and structures.

4. Prior to the commencement of the use and development hereby permitted, the owner of the land must enter into and execute an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 to the satisfaction of the Responsible Authority in which it shall be covenanted as follows: 1. Pursuant to the provisions of Section 181 of the Planning and Environment Act 1987 this agreement

shall be registered with the Registrar of Titles and shall run with the land; 2. That the requirements contained in the agreement shall form part of any lease of the premises which the

owner of the land under this permit may enter into with another party; and 3. The owner of the land under the permit shall pay the legal costs and be responsible for the preparation

and registration of the said agreement. The Section 173 agreement must specifically provide for the following:

Attachment 1Agenda Item 5.1

Planning Committee4 September 2007

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Attachment 1 Agenda Item 5.2 Planning Committee 4 September 2007


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I. The accommodation provided on the subject land are to be used for the exclusive accommodation of students enrolled full time at a secondary or tertiary level educational institution and to be vacated within three months of completion of full time studies;

II. The building to operate at all times in accordance with the Management Plan as required by Condition 5

of this permit to the satisfaction of the Responsible Authority. The Management Plan must establish a set of ‘house rules’ for the use, to be followed thereafter to the satisfaction of the Responsible Authority. The plan must ensure that a suitably qualified full time manager with responsibility to oversee student behaviour permanently resides on the site and must make detail the maintenance, cleaning, garbage storage and collection, supervision, prevention of noise in common areas after hours and security of the site.

III. The on-site car parking and bicycle parking spaces approved under this permit must at all times be

managed in accordance with the Car and Bicycle Parking Management Plan as required by Condition 6 of this permit to the satisfaction of the Responsible Authority. The on-site car parking spaces are only permitted to be used by the occupants of the student accommodation, in accordance with the endorsed plans, and such spaces must not be subdivided, leased or sold separate from the facility for any reason without the prior written consent of the Responsible Authority;

5. Prior to the commencement of the use and development hereby permitted, a Management Plan must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed as evidence of its approval and will then form part of the permit. The Management Plan must establish a set of ‘house rules’ for the use, to be followed thereafter to the satisfaction of the Responsible Authority. The plan must ensure that a suitably qualified full time manager with responsibility to oversee student behaviour permanently resides on the site and must make detail the maintenance, cleaning, garbage storage and collection, supervision, noise control in common areas after hours and security of the site.

6. Prior to the commencement of the use and development hereby permitted, a Car and Bicycle Parking Management Plan must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed as evidence of its approval and will then form part of the permit. Management of the car and bicycle parking provided in association with the use must be in accordance with the plan or any approved amendment, to the satisfaction of the Responsible Authority. The Plan must detail the means by which the on-site car parking and bicycle parking spaces approved under this permit will be allocated and managed, and outline fees or charges associated with the use of the car park which must not deter usage of the designated spaces by residents of the accommodation.

7. All service pipes, apart from roof down pipes, must be reasonably concealed from the view of a person at ground level within common areas, public thoroughfares and adjoining properties.

8. The parking area and loading and unloading area must be kept available for that use at all times and the car-parking spaces and access-ways must not be obstructed or otherwise rendered inaccessible.

9. 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.

10. Sufficient garbage storage facilities shall be provided within the property boundary. Garbage facilities must be to the satisfaction of the Manager Engineering Services.

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11. No garbage bin or waste materials generated by the permitted use shall be deposited or stored outside the site and bins must be returned to the garbage storage area as soon as practicable after garbage collection.

12. Any equipment or plant must not generate a noise level greater than 5 db (a) above ambient L 90 sound level at the boundaries of the site at any time of the day.

13. The owner of the subject land shall construct a drainage system, incorporating water sensitive urban design, within the development and make provision to connect this system to Council’s stormwater drainage system in accordance with plans and specifications first approved by the Responsible Authority; Council’s Manager Engineering Services.

14. The Owner of the subject land shall construct all necessary vehicle crossings and demolish all unnecessary vehicle crossings adjacent the subject land in accordance with plans and specifications first approved by the Responsible Authority; Council’s Manager Engineering Services.

15. The maximum permissible width of a vehicle crossover without a pedestrian refuge is 7.6 metres. Crossings wider than 7.6 metres shall include pedestrian refuges a minimum of 2.0 metres in length at 7.6 metre maximum clear spacings. The width of an abutting laneway entrance shall 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.

16. The Owner of the subject land shall not be permitted to alter the existing footpath/road levels in O’Connell for the purpose of constructing new vehicle or pedestrian entrances without first obtaining the written approval of the Responsible Authority; Council’s Manager Engineering Services.

17. All necessary approvals and permits are to be first obtained from Council and the works performed to the satisfaction of Council's Manager Engineering Services

18. This permit will expire if one or more of the following circumstances apply: - The development is not started within two years of the date of this permit; - The development is not completed within four years of the date of this permit; and/or - The use is not commenced within four years of the date of this permit.

The Responsible Authority may extend the date upon which this permit expires only if it receives a request in writing before the permit expires, or within three months afterwards.

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LOCATION PLAN

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Agenda Item 5.2 Planning Committee

4 September 2007

FINANCE ATTACHMENT

APPLICATION FOR PLANNING PERMIT: TP-2007-394, 188-196 PEEL STREET, NORTH MELBOURNE

There are no direct financial issues that arise from the recommendations in this report.

Joe Groher Manager Financial Services

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Agenda Item 5.2 Planning Committee

4 September 2007

LEGAL ATTACHMENT

APPLICATION FOR PLANNING PERMIT: TP-2007-394, 188-196 PEEL STREET, NORTH MELBOURNE

Division 1 of Part 4 of the Planning and Environment Act 1987 (“the Act”) sets out the requirements in relation to applications for permits pursuant to the relevant planning scheme.

In making its decision section 60(1)(c) of the Act requires the Responsible Authority to consider, amongst other things, all objections and other submissions which it has received.

Section 61(b) provides that the Responsible Authority may decide to grant a permit subject to conditions.

Section 79 of the Act provides that if the Responsible Authority fails to grant a permit within the prescribed time an applicant may appeal to the Victorian Civil and Administrative Tribunal. If the applicant does so appeal, section 84 of the Act provides that the Responsible Authority may decide on an application at any time after an appeal has been lodged; however the Responsible Authority must not issue or give a permit, a notice of decision or a notice of refusal after the appeal has been lodged.

Objections to this planning permit application have been received. Section 64 of the Act sets out the procedure to be followed by the Responsible Authority in these circumstances. The section provides that the Responsible Authority must give the applicant and each objector a notice in the prescribed form of its decision to grant a permit. The Responsible Authority must not issue a permit to the applicant until the end of the period in which an objector may apply to the Tribunal for a review of the decision or, if an application for review is made, until the application is determined by the Tribunal or withdrawn.

Kim Wood Manager Legal Services

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