APPLICATION FOR PLANNING PERMIT : TP-2010-459, 49-53 ... · A right of way (ROW) approximately 24...

Attachments: 1. Supporting attachment 2. Locality Plan 3. Proposed plans 4. Delegate Report

F U T U R E M E L B O U R N E ( 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

APPLICATION FOR PLANNING PERMIT : TP-2010-459, 49-53 BATMAN STREET, WEST MELBOURNE

9 November 2010

Presenter: Martin Williams, Executive Officer Planning

Purpose and background

1. The application is presented to the Committee at the request of Cr Shanahan.

2. The purpose of this report is to advise the Committee of an application to construct a multi-storey residential building at 49-53 Batman Street, West Melbourne.

3. The site is located on the southern side of Batman Street, West Melbourne, approximately 70 metres east of Spencer Street (Attachment 2 – Locality Plan). The property contains an ungraded single storey warehouse building which is proposed to be demolished.

4. The site is located in the Mixed Use Zone and is covered by the Heritage Overlay (HO770, 33-53 Batman Street, West Melbourne) and Design and Development Overlay (DDO) Schedule 33. The DDO sets out a discretionary maximum building height of 40 metres, a maximum podium height of 16 metres and side, front and rear setbacks of 6 metres, reduced to 2 metre setbacks to laneways.

5. The application initially proposed a 16-storey building, which was considered excessive in height as it exceeded the 40 metre height control. After this assessment was provided to the applicant, the design was revised. The revised application proposes a 14 storey building with an overall height of between 39.9 and 40.9 metres excluding the proposed roof plant (Attachment 3 – proposed plans). There is no setback from the adjoining industrial building to the east at 45 Batman Street. Setbacks from the lane and apartment building to the west vary between 1.0 and 5.3 metres.

6. The building is proposed to include 140 apartments, no car parking and a total of 90 bike parking spaces.

7. 24 objections to the application have been lodged from surrounding land owners and occupiers.

8. A consultation meeting was held on 5 October 2010 at Council offices. Twelve objectors and representatives of the applicant attended. No change to the proposal has been made following the meeting.

Key issues

9. The key issues raised by the application are the appropriateness of the proposed setbacks of the building along the eastern and western boundaries with consequent building bulk and shadowing effects; and the complete absence of car parking.

Recommendation from management

10. That the Future Melbourne Committee resolve to issue a ‘Notice of Decision to Grant a Planning Permit’ subject to the conditions set out in the delegate’s report (Attachment 4).

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Attachment 1 Agenda Item 5.2

Future Melbourne Committee 9 November 2010

1

SUPPORTING ATTACHMENT

Legal

1. Section 61(1)(b) of the Planning and Environment Act 1987 (“the Act”) provides that the Responsible Authority may decide:

“to grant a permit subject to conditions”.

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

Objections have been received in response to this planning permit application and section 64 of the Act sets out the procedure that must be followed. 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.

Finance

2. There are no direct financial issues arising from the recommendation contained in 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. On 25 June 2010, notification of the application was sent to the owners and occupiers of adjoining and a number of surrounding properties in the immediate area. A public notice was also placed on the Batman Street frontage of the site from 27 June 2010 to 12 August 2010 inclusive. A consultation meeting was held on 5 October 2010 at Council offices. The purpose of the meeting was to enable all parties to openly discuss the proposal and to consider whether resolution of the areas of concern can be reached.

Relation to Council policy

5. Relevant policies are discussed in the attached Planning Officer report.

Environmental sustainability

6. The applicant has indicated that the development aims to achieve at least seven stars and possibly eight under the First Rate system.

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DELEGATED PLANNING APPLICATION REPORT

APPLICATION NO: TP-2010-459

APPLICANT: Flagstaff Residential

ADDRESS: 49-53 Batman Street, WEST MELBOURNE VIC 3003

PROPOSAL: Construction of a multi-storey residential building and waiver of car parking requirements

DATE OF APPLICATION: 18 June 2010

RESPONSIBLE OFFICER: Grant Logan

1. SUBJECT SITE AND SURROUNDS

The subject site is located on the southern side of Batman Street, West Melbourne, approximately half way between King and Spencer Streets. The site has a frontage of 17.2 metres and a length of approximately 50.3 metres. The total site area is 767.9 sqm. An ungraded double storey warehouse currently stands on site. The building covers the entire area of the site and there is currently no vehicular access to the street. The warehouse forms part of a Level 3 heritage streetscape together with adjoining buildings, a number of which have an individual heritage grading. To the immediate east of the site is a narrow property (No. 45- 47 Batman Street) which contains a single storey ‘C’ graded warehouse building covering the entire area of the site. Farther east of the site at No. 33 Batman Street is a double storey graded building which covers the entire area of the site. The site has a planning permit (TP-2008-999) for the construction of a 14 storey residential tower. The Victorian Civil and Administrative Tribunal (VCAT) has directed that a permit be issued after Council refused the application, based primarily on the ground that the development represented an overdevelopment. To the south-east of the site is a low scale building containing a substation building (No. 15-12 Boughton Place). Also located along Boughton Place are a number of smaller properties including residential development. The property to the immediate south of the site (No. 58-64 Jeffcott Street) includes a 15 storey residential building. The main tower of the building occupies most of the site area. Directly west of the subject site (No. 55 Batman Street) is a four storey converted warehouse building used for residential purposes. South facing dwellings have private open space in the form of courtyards or balconies at upper levels. An open car park and communal open space is located to the southern side of the building. There are a number of east facing habitable room windows that face out towards the subject site.

Attachment 4Agenda Item 5.2

Future Melbourne Committee9 November 2010

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A right of way (ROW) approximately 24 metres long and 3.05 metres wide runs between the subject site and 55 Batman Street. The eastern interface of the building at 55 Batman Street runs along the full length of the ROW. The eastern most third of the ROW is included in the title of No. 49 Batman Street but encumbered for carriageway in favour of No. 55 Batman Street. The western two thirds of the ROW is included in the title of No. 55 Batman Street but encumbered for carriageway in favour of No. 49 Batman Street. Aside from these higher-scale buildings, the immediate surrounding area is characterised by low-rise buildings generally ranging in height from one to four storeys. Many of the buildings are occupied by warehouse or light industrial use.

2. BACKGROUND AND HISTORY Pre-application discussions The applicant met with Council officers on 27 May 2010 to discuss the merits of the proposed application. Council officers provided initial advice regarding the proposed setbacks and height of the proposal, suggesting modifications that needed to be made in order to gain support for the proposal. Planning Application History There is no relevant planning history associated with the site. There are several planning decisions on adjacent properties which have relevance in the consideration of this application. This includes the development which was approved at No. 33 Batman Street which is considered ‘as built’ in the assessment of this application.

3. PROPOSAL The original plans submitted with the application propose to demolish the existing building on site and construct a 16 storey residential building in its place. The building was proposed to have a total of 148 apartments. The proposal did not include any basement levels or any car parking. The design was later modified as described below. Although the applicant has not formally substituted the modified plans, they were used as the basis for a consultative meeting and are the plans used to form the basis of this report. Amendments during the process A number of issued were raised in relation to the development during the application process. Council’s Urban Design Department recommended a number of alterations to provide greater consistency with the relevant Design and Development Overlay (DDO33). In response to these and other concerns, the applicant prepared revised plans and documentation. These included:

• The deletion of levels 14 and 15 and amendments to the ground floor layout. This reduced the overall height of the building from 47.6 metres to a maximum 39.9 metres to 40.9 metres.

• Reduction in the number of dwellings to 140 • Increase in bike parking from 50 to 90 spaces. • Inclusion of an additional 6 dwellings towards the rear boundary to counteract

dwellings lost at upper floors of the building.

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• Inclusion of a 6 metre wide roof deck area on level 3 adjacent to the rear boundary.

• Revised waste management plan prepared by Leigh Design • Connolly Environmental Site History Assessment was submitted

Consultation Meeting A consultation meeting was held on 5 October 2010 at Council offices. The purpose of the meeting was to enable all parties to openly discuss the proposal and to consider whether resolution of the areas of concern can be reached. During the consultation meeting, the abovementioned revised plans showing a 14-level building were circulated to all objectors present. These plans were relied upon by the applicant as a response to key issues raised by objectors and to comments contained in internal referrals from Urban Design and Engineering Services.

4. STATUTORY CONTROLS Zone: Mixed Use Zone (MUZ) Overlays: Heritage Overlay No. 770 - 33 - 67 Batman Street (HO770)

Design and Development Overlay No. 33 - CBD fringe (DDO33) Planning approval is required for the proposed building/works as follows:

Clause Permit Trigger 32.04-1 (Mixed Use Zone) – Table of uses

Planning approval is not required for a ‘dwelling’ in a MUZ.

32.04-5 (Mixed Use Zone) – Construction and extension of two or more dwellings on a lot, dwellings on common property and residential buildings

Planning approval is required to construct or extend a residential building in a MUZ. Given the building will exceed four storeys in height, the provisions of Clause 55 (Two or more dwellings on a lot and residential buildings) do not apply.

43.01-1 (Heritage Overlay - HO770 33-67 Batman Street) – Permit requirement

Planning approval is required to demolish a building and construct or carry out works in a HO.

43.02-2 (Design and Development Overlay) – Buildings and works

A permit is required to construct a building/construct or carry out works in a DDO unless the relevant schedule (in this instance Schedule 33) specifically states otherwise. A permit is not required to construct a building or construct or carry out works if the following requirements of the schedule are met. Schedule 33 states that the maximum building height allowable in this area should not exceed 40 metres. This clause also states that podiums should stand to a height of 16 metres or, where adjacent to graded buildings, an appropriate lower height. Schedule 33 also states that towers should be setback six metres from all boundaries and two metres from laneways.

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5. STRATEGIC FRAMEWORK State Planning Policy Framework The following State Planning Policies apply: Clause 14.01 - Planning for urban settlement

The objectives of this clause are:

To ensure a sufficient supply of land is available for residential, commercial, industrial, recreational, institutional and other public uses.

To facilitate the orderly development of urban areas.

Clause 15.11 - Heritage

The objective of this clause is:

To assist the conservation of places that have natural, environmental, aesthetic, historic, cultural, scientific or social significance or other special value importance for scientific and research purposes, as a means of understanding our past as well as maintaining and enhancing Victoria’s image and making a contribution to the economic and cultural growth of the State.

Clause 19.03 - Design and built form


To achieve high quality urban design and architecture that:

Reflects the particular characteristics, aspirations and cultural identity of the community.

Enhances liveability, diversity, amenity and safety of the public realm. Promotes attractiveness of towns and cities within broader strategic

contexts. This clause states that consideration should be given to the provisions of the Design Guidelines for Higher Density Residential Developments (Department of Sustainability and Environment 2004). The proposal has been assessed against the six key elements of the Guidelines. Local Planning Policy Framework (Municipal Strategic Statement) Clause 21.08-9 of the Municipal Strategic Statement (MSS) details the Council’s vision for North and West Melbourne. This vision, as it relates to this application is:

…North and West Melbourne provides a balance of residential and commercial uses which maintain an emphasis on local community and liveability and which have a clear distinction in scale from the Central City. Higher scales of development are located at the Central City Fringe, around North Melbourne Railway Station and along Flemington Road, however these forms maintain solar access to the public domain, important view corridors and protect the heritage values of the area. In all other areas, a lower scale of development has been maintained.

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An ongoing aim is to reflect North and West Melbourne’s history as a residential and mixed use area by protecting heritage places and precincts and encourage the reuse of former warehouses, manufacturing and historic business buildings. Figure 20 of Clause 21.08-9 states that in the area immediately surrounding the subject site the Council will encourage higher built forms adjacent to the Central City, support increased residential densities as well as small to medium enterprises that support the Central City and Docklands. The land use and built form strategies of this clause which apply are: Housing and community in North and West Melbourne

- Support residential and commercial development within the Central City fringe… In this area, increased residential densities should be balanced with the strategic role of this area in providing for small to medium enterprises that support the Central City and Docklands. Heritage in North and West Melbourne

- Protect heritage places, including buildings, structures, streetscapes, historic subdivision patterns, street layout, landscape features and indigenous sites in North and West Melbourne. - Ensure that development is sympathetic to the heritage values of adjacent heritage areas and places. Structure and character in North and West Melbourne

- Ensure the area bounded by La Trobe Street, south west of the Flagstaff Gardens …provides a contrast in scale between the lower built form of West Melbourne and the higher scale of the Hoddle Grid.

- Encourage the re-use of existing warehouse and industrial buildings with efficient recycling potential where these contribute to the traditional mixed use character of the area. Height and scale in North and West Melbourne

- Support higher building forms in West Melbourne in the area adjacent to the Central City… - Ensure the height and scale of new development protects the existing amenity of public open spaces. Local Planning Policy Framework (Local Policies) Clause 22.05 - Heritage places outside the Capital City Zone

The objectives of this clause include:

To conserve all parts of buildings of historic, social or architectural interest which contribute to the significance, character and appearance of the building, streetscape or area.

To ensure that new development, and the construction or external alteration of buildings, make a positive contribution to the built form and amenity of the area and are respectful of the architectural, social or historic character and appearance of the streetscape and the area.

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This clause details performance standards against which applications to construct buildings/additions in a HO must be assessed. An assessment of the application against the performance standards of this clause follows. Clause 22.17 - Urban design outside the Capital City Zone

The objectives of this clause include:

To ensure that the scale, siting, massing and bulk of development complements the scale, siting, massing and bulk of adjoining and nearby built form.

To ensure that the height of buildings relates to the prevailing patterns of height and scale of existing development in the surrounding area.

To reduce unacceptable bulk in new development. To ensure that building design, including the use of materials and activities at

the ground floor frontages of buildings, creates and improves pedestrian interest and engagement.

To ensure that development uses design and detail to ensure all visible facades (including the rear and sides of buildings) provide a rich and positive contribution to the public realm.

To ensure that development avoids ambiguity and conflict in the design of fronts and backs of buildings.

This clause lists performance standards against which applications to construct buildings should be assessed. The performance standards of relevance to this application are:

Scale; Context; Building height; Building bulk; Street level frontages; Fronts and backs of buildings; and Visible facades and blank walls.

These aspects of the proposal are analysed below.

6. PARTICULAR PROVISIONS Clause 52.06 - Car Parking

This clause specifies the number of car parking spaces required to be provided for the land uses listed. Two car parking spaces are required for each dwelling. Amendment C133 introduced an additional section to the Schedule to Clause 52.06 (Car Parking). The section places a maximum car parking rate of one car space per dwelling but allows for zero parking provision. Although the site is not located in this precinct, there have been a number of recent multi-unit development approvals nearby that have included limited or no car parking. The application does not include any car parking. The applicant has provided a Green Travel Plan and letter from Flexicar indicating Batman Street being a potential future location for a car share vehicle.

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Clause 52.07 – Loading and unloading of vehicles

This clause does not specifically require the provision of on-site loading/unloading facilities associated with residential uses. Engineering Services Group has provided comments regarding the provision of loading/unloading facilities. Clause 52.34 - Bicycle facilities

This clause specifies the number of bicycle parking spaces required to be provided on site. For the revised proposal of 140 dwellings, 42 bicycle parking spaces are required to be provided. A revised total of 90 spaces are proposed for the building to replace the original number of 50 bicycle parking spaces. Clause 52.35 - Urban context report and design response for residential development of four or more storeys


To ensure that an urban context report is prepared before a residential development of four or more storeys is designed and that the design responds to the existing urban context and preferred future development of the area.

The provisions of this clause apply in lieu of the provisions of Clause 55 (Two or more dwellings on a lot and residential buildings). It is considered that the urban context report and design response submitted with the application adequately detail the subject site and immediate surrounds and the manner in which the proposed addition seeks to relate to this.

7. PUBLIC NOTIFICATION It was considered that the proposed buildings and works may result in material detriment. On 25 June 2010, notification of the application was sent to the owners and occupiers of properties in the immediate area. A public notice was also placed on the Batman Street frontage of the site from 27 June 2010 to 12 August 2010 inclusive.

8. OBJECTIONS 24 objections have been received in response to the application. The concerns of objectors were:

Loss in sunlight to adjacent residential properties Waiver of car parking requirements Loss of views from obstruction of tower Proposed height of the building Proposed setbacks including podium setback Overshadowing on adjoining properties Increased presence of body corporatism on Batman Street Wind amelioration techniques Overlooking opportunities from the proposed tower

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Unreasonable visual bulk of the proposed tower Inconsistency with the Design and Development Overlay Impact of the proposal on adjoining heritage buildings Inappropriate with regard to neighbourhood character Provision of windows along the eastern boundary of the site Noise levels will increase Cooking smells will increase Total loss of enjoyment Increase in traffic on Batman Street Provision of bike parking spaces Extent of waste storage and disposal The site has previously been used as an engineering workshop and may

therefore be contaminated and not suitable for residential use The building may contain asbestos. The removal of this material during

construction works may impact adversely upon the health of surrounding residents

Waste management. Will a number of bins be left on the street before and after collection times

The plans submitted together with the application are not accurate. Certain discrepancies exist with regard to the scale and use of some surrounding buildings

The additional competition for trade created by the proposed food and drink premises

9. EXTERNAL REFERRALS The application was referred externally to the Director of Transport (Director) for comment. The Director offered no objection to the application.

10. INTERNAL REFERRALS The application was referred to Urban Design and Engineering Services (ESG). Urban Design Council’s Urban Design Department provided original comments as part of pre-application discussions for the site. Further comments were sought in relation to the submitted application. These comments are included below:

Height and Massing:

• The drawings indicate that the proposal is now for 16 storeys plus the lattice roof terrace and plant.

With respect to the podium height, we acknowledge the contextual height reference to the existing former Keep Brothers Wood heritage building at 55-67 Batman Street. The proposed height of the podium is considered appropriate.

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The combination of the overall proposed building height and setbacks as indicated on the drawings result in a built form massing that remains overly imposing in this context. We recommend that the Applicant reduce the building height to 14 storeys in combination with the building setback recommendations set out below. The objective is to improve the views of the buildings from all directions given its visual prominence from Flagstaff Gardens and the western approach from Batman Street and Jeffcott Street. For these reasons the proposed building height is not supported.

Building Design and Setbacks:

• The recommendations below relate directly to reducing building bulk. They are:

Northern Batman Street (North boundary) – The proposed building setback of 5m is considered ineffective in reducing the building bulk. We recommend this be increased to a minimum of 6m (as measured from the site boundary).

Eastern side boundary- A minimum 2m building setback is recommended at level 4 and above (as measured from the site boundary)

Western boundary (adjacent to the laneway)– A minimum 2m building setback on level 4 and above at the laneway. As per our previous comment we recommend this be measured from the current position of the podium wall.

Remaining extent of western boundary – The proposed 5160mm building setback at ground floor is considered appropriate in this context.

The southern boundary - The proposed 6090mm building setback at level 4 and above is considered appropriate in this context.

Views/Vistas

• We support the use of perspectives and find the impression produced by Guilford Bell and Graham Fisher Architects to be useful in describing the site context.

Pedestrian Safety

• We repeat our original comment and suggest the applicant consider some residential uses at ground level fronting onto Batman Street.

Façade Presentation to the Street

• With reference to our recommendations regarding building setbacks on level 4 and above, we note that there is an opportunity for the placement of additional windows on the east and west elevations.

Environmental Sustainability

• We commend the applicant on its inclusion of ESD initiatives which aim to achieve a 7 star rating as outlined in the attached design statement from Guilford Bell and Graham Fisher Architects dated 9th June 2010.

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Engineering Services Group (ESG)

ESG stated that:

In accordance with Clause 52.06 (Car parking), a total of 292 parking spaces should be provided on site.

These rates are excessive. The proximity of services and the Melbourne CAD ensure that a full waiver of

car parking spaces is appropriate. A condition of any permit should state that the development will not be

included on the resident parking scheme. Clause 52.34 requires that 42 bicycle parking spaces are required to be

provided on site. The proposed width of the bicycle storage facility does not provide for

appropriate access. It is considered that a minimum 3.9 metres (1.2 bicycles + 1.5 central aisle +

1.2 bicycle = 3.9 metres) is required to provide conveniently accessible bicycle parking facilities for the development.

There is no requirement to provide loading facilities for the proposal. Given the high turnover of residents, adequate loading facilities should be

provide for transporting furniture to and from delivery vehicles. It is recommended that the applicant provide an appropriate off-street loading

dock to accommodate the resident’s needs when moving in or out. Should the applicant not provide an off-street loading dock, the applicant

should be aware that no-on-street parking spaces will be removed /altered to facilitate such loading needs associated with the proposed site.

No information has been submitted as part of the application detailing the proposed waste collection arrangements.

Reliance on the ROW for transport of wheelie bins is limited due to its width. All waste storage must occur within the site. The applicant must demonstrate adequate space on the footpath for the

placement of bins awaiting collection. It appears that sufficient room is available. It is recommended that the bin room be located closer to Batman Street and direct access is available to collectors.

Waste storage and collection arrangements should be to the satisfaction of the Principal Engineer.

A number of additional permit conditions should be included on the permit, in particular relating to access.

11. ASSESSMENT Design and Development Overlay 33

The standard requirements for this Overlay are:

• a building height of 40 metres

• a podium height of 16 metres or an appropriate lesser height where the site is adjacent to a heritage building

• setbacks above podium of 6 metres from all front, side and rear boundaries

• 2 metre setback from laneways.

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The applicant has reduced the height of the building in accordance with advice from Council officers, but has sought approval for a reduction in the front setback of the development above podium from six metres to five; a zero setback from the eastern boundary; and a one metre setback from the right of way (ROW) which extends approximately half-way down the site from Batman Street. These variations from the DDO requirements are discussed in detail in the Building Layout and Design section below.

Design Guidelines for Higher Density Development Clause 19.03 seeks to ensure that new development reflects the character and aspirations of an area. The Clause states that consideration should be given to the provisions of the Design Guidelines for Higher Density Residential Developments. The following comments address the six key elements of the Guidelines. Reference is made to Clause 22.17, Urban Design Outside the Capital City Zone, where relevant. i) Urban Context

The surrounding urban context is characterised by generally low scale development including warehouse buildings. The western end of Batman Street is characterised by a number of taller buildings, many of which are used for commercial purposes. Despite the low scale of buildings at this end of Batman Street, there is strong policy basis to provide for higher density of development including building heights of up to 40 metres. Nevertheless, new proposals need to have adequate regard for the development potential of other sites and protect the reasonable amenity expectations of adjoining properties through high quality building design. It is considered that the proposal provides consistency with the preferred character of the area. In particular, the proposed form will ensure that the building will sit comfortably in the emerging urban context.

ii) Building Envelope

The Guidelines seek to ensure that building envelopes appropriately reflect that of surrounding buildings. The overall height of the building is guided by DDO33 and is acceptable. The variations in set-back sought by the applicant are discussed under Building Layout and Design below. The overall scale and form of the building are considered appropriate for the future development of the surrounding area. iii) Street Pattern & Street Edge Quality

This stretch of Batman Street is characterised by low-rise buildings (predominantly one to three storeys). Some of these buildings have heritage significance, including the building to the immediate east of the site. Retention of heritage fabric will result in a lower built form abutting the street.

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It is considered that the inclusion of the proposed podium level will appropriately address the scale of building frontages along this side of Batman Street. The podium, although slightly higher than the building to the immediate east, provides an appropriate transition to the street interface. The setback of the tower component of the proposal ensures the perceived existing scale of the development to this section of Batman Street is largely achieved. With regard to Street level frontages, Clause 22.17 encourages building frontages to be activated. Given the limited width of the property, it is considered that the design of the ground floor frontage is acceptable in this respect. iv) Circulation & Services

As no car parking is proposed for the development, no new vehicular crossing is proposed from Batman Street. The building will contain a central waste storage area. The waste management plan submitted with the application suggests that given the distance of the storage area to the street, all waste will be collected privately. Council’s Engineering Waste Services recommended that: Council will accept a private collection for 49-53 Batman street under conditions that all the bins are not out on the footpath at the same time during the collection process, as this will obstruct the footpath. They will need to be collected, emptied and returned in batches that allow pedestrians to safely walk past. Temporarily holding bins in the ROW may be negotiated with the adjoining property. A revised Waste Management Plan has been reviewed by Engineering Services and is generally acceptable. Nevertheless, it is recommended that a condition requiring a final version of the Plan be placed on any permit issued. The plans submitted with the application show a dedicated access point to the proposed bicycle storage area from the ROW. Council’s Traffic Engineers have recommended that the width of the bike storage area be increased from the proposed 3.6 and 3.74 metres to a minimum 3.9 metres. This would allow for the efficient movement of bikes to and from this area to the ROW. The design and location of the roof deck level is supported. The area will provide a large outdoor space for the development including garden area and gymnasium for the use of its residents.

v) Building Layout and Design

The overall height and massing of the proposal is considered appropriate for the precinct as a whole, but the relationship with the immediately adjoining buildings requires more detailed assessment.

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Council’s Urban Design Department suggested that the proposed eastern interface should include a setback consistent with the requirements of DDO33. This would result in a setback of a minimum 2.0 metres. However in this instance the adjacent building is a C graded building. The potential for redevelopment of this site has been considered. The most likely form of redevelopment would include retention of heritage fabric at the front followed by a higher element directly abutting the wall proposed by the current application. This would make the standard two metre setback on the subject site ineffective. On the western boundary is a right of way (ROW). The application shows a one metre setback along it, resulting in a total separation of three metres from the existing four-storey apartment building on the other side of the ROW. The difference in impact between the one-metre setback proposed by the applicant and the standard two metres recommended by the DDO has been assessed and the additional metre is not considered necessary in this instance. The proposal seeks to provide a slightly reduced podium setback at fourth floor level to Batman Street. The standard requirement specified in the DDO is a setback of 6.0 metres above the podium level. The applicant submits that the proposed 5.0 metre setback is acceptable and has provided long view sight diagrams which demonstrate the difference between the tower element having a street setback of 5 or 6 metres. These views are taken from Flagstaff Gardens and indicate that there is nominal difference in the two designs. It is considered that the proposed 5 metre setback will still ensure appropriate scale along this section of Batman Street and protection of adjoining and nearby graded buildings. The proposed design of the building will include a range of materials and designs including the use of coloured concrete, spectra alcabond panels, fenestration and powder coated louvers. Each of the facades includes a decorative tapestry effect. An overall diamond lacework pattern on concrete panel walls is to be interspersed with diamond shaped windows, ensuring that there are no blank walls or surfaces. vi) Open Space & Landscape Design

The application proposes almost full site coverage and includes limited area for landscaping opportunities. In response to recommendations contained within the Wind Environment Report prepared by Windtech Consultants it was considered that the proposal should include a range of wind amelioration techniques including the siting of 1.7 metre high canopy trees on the proposed roof deck. The roof level of the building is proposed to include other garden elements such as a lawn and other areas for landscaping opportunities.

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Clause 22.05: Heritage Outside the Capital City Zone

Performance Standards for Assessing Planning Applications Demolition

Demolishing or removing original parts of buildings, as well as complete buildings, will not normally be permitted in the case of ‘A’ and ‘B’, the front part of ‘C’ and many ‘D’ graded buildings. The front part of a building is generally considered to be the front two rooms in depth.

The existing building on-site is not graded.

Renovating Graded Buildings

Intact significant external fabric on any part of an outstanding building, and on any visible part of a contributory building, should be preserved.

NA

Form

The external shape of a new building, and of an addition to an existing building, should be respectful in a Level 1 or 2 streetscape, or interpretive in a Level 3 streetscape.

It is considered that the proposal is interpretive to the scale and form of buildings along this section of heritage overlay. In particular, the podium level provides transition in height and scale to the adjoining graded building. The setback of the tower element also ensures that the podium is the dominant element of the proposal and respects the generally fine grain scale of existing development.

The proposal also satisfies the purpose of the podium requirement of the DDO33 which is to respect the adjoining graded buildings.

Façade Pattern and Colours

The façade pattern and colours of a new building, and of an addition or alteration to an existing building, should be respectful where visible in a Level 1 streetscape and interpretive elsewhere.

N/A

Materials

The surface materials of a new building, and of an addition or alteration to an existing building, should always be respectful.

It is considered that the materials to be used are generally acceptable. These materials, including pre-cast concrete panels and alucabond, generally respect the industrial/commercial character of the immediate surrounding area whilst providing an appropriate

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architectural outcome for the preferred character.

Details

The details (including verandahs, ornaments, windows and doors, fences, shopfronts and advertisements) of a new building, and of an addition or alteration to an existing building should preferably be interpretive, that is, a simplified modern interpretation of the historic form rather than a direct reproduction.

The detailed design of the proposal generally reflects the proportions of the existing graded buildings along Batman Street.

Concealment of higher rear parts (including additions)

Higher rear parts of a new building, and of an addition to an existing graded building, should be concealed in a Level 1 streetscape and partly concealed in a Level 2 and 3 streetscape. Also, additions to outstanding buildings (‘A’ and ‘B’ graded buildings anywhere in the municipality) should always be concealed. In most instances, setting back a second-storey to a single-storey building at least 8 metres behind the front façade will achieve concealment.

The higher part of the development (tower element) will be partly concealed by the proposed podium level at street view. This will ensure the podium level forms the dominant element of the proposal.

Façade Height and Setback (New Buildings)

The façade height and position should not dominate an adjoining outstanding building in any streetscape or an adjoining contributory building in a Level 1 or 2 streetscape. Generally, this means that the building should neither exceed in height, nor be positioned forward of, the specified adjoining building. Conversely, the height of the façade should not be significantly lower than typical heights in the streetscape. The façade should also not be set back significantly behind typical building lines in the streetscape.

The proposed podium level will ensure appropriate transition to the scale and height of the adjoining buildings and will not dominate or overwhelm the graded building to the immediate east. Overall the podium and appropriate setback of the tower component will retain the fine grain prominence of graded warehouse buildings in the area.

The application was not referred to Council’s Heritage Advisor as the site does not include a graded building and it was considered that the proposal appropriately met the relevant decision guidelines.

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Objector concerns

Loss in sunlight to adjacent residential properties.

The proposed revised development of 14 storeys will result in a increased level of overshadowing to the properties to the immediate east, south and west. In particular the application will increase overshadowing of the communal areas of the property at No. 55-67 Batman Street. Shadow diagrams have been submitted by the applicant which indicate that there will be significant additional overshadowing of the communal open space area from 10 am to 12 noon. Before 10 am the open space area will be overshadowed by the approved development at 33 Batman Street and shortly after 12 noon the shadow from the current proposal ceases to affect the open space. The additional overshadowing is considered acceptable given the 40 metre height allowable by DDO33. Minor changes in the height or setback of the current proposal have very little effect on the amount of shadow cast.

Loss of views from obstruction of tower Loss of views from the obstruction of the proposed tower is not a relevant planning consideration.

Wind amelioration techniques The Pedestrian Wind Environment Statement prepared by Windtech Consultants (Revision 2 - September 2, 2010) states that there will be no adverse impact to wind conditions as a result of the proposal.

Overlooking opportunities from the proposed tower Though Clause 55 (Two or more dwellings on a lot and residential buildings) does not apply to this application, many of its provisions can reasonably be applied to this application. Overlooking of the private terraces and courtyards of the warehouse dwellings to the west has been limited through provision of screening where appropriate so that there is no overlooking within 9 metres. Views to dwellings at No. 50-64 Jeffcott Street are beyond 9 metres for most of the southern apartments. However it is considered that the two most southerly apartments should include screening mechanisms that restrict any overlooking onto habitable room windows of this property. The central courtyard area of the property to the west is a communal area, not the “secluded private open space” of a dwelling.

Potential for contaminated land on the site It is known that the building has previously been used for industrial purposes. Activities associated with this use may have led to the site being contaminated. A condition should be included in any permit issued requiring the applicant to firstly investigate the site and, should this investigation reveal the site is contaminated, to undertake a full and proper environmental audit and to carry out the appropriate mitigating works.

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Provision of windows along the eastern boundary of the site

Screening to the windows along the eastern interface of the building is not considered necessary given the distance of future habitable room windows of the proposal at No. 33 Batman Street. Nevertheless, the applicant has agreed to remove these windows.

Noise levels will increase Noise levels are not expected to increase unreasonably as a result of this development.

Cooking smells will increase Cooking smells are only expected to be in proportion to the residential redevelopment of the precinct to a higher density.

Increase in traffic on Batman Street The application proposes no car parking. However, it is considered that the development will result in the generation of additional traffic on Batman Street in the form of visitor car parking. Council’s Engineering Services Group are not concerned that increased traffic or parking will place an unreasonable strain on the existing road network.

The building may contain asbestos. The removal of this material during construction works may impact adversely upon the health of surrounding residents.

If the building does contain asbestos, the removal of this would need to be carried out in accordance with the appropriate Occupational Health and Safety procedures and standards.

The plans submitted together with the application are not accurate. Certain discrepancies exist with regard to the scale and use of some surrounding buildings.

A site visit has been conducted to review any alleged discrepancies in the plans and elevations. No significant errors were detected.

12. SUMMARY AND RECOMMENDATION

The Melbourne Planning Scheme provides general support for residential development of this form in this locality. The proposal conforms to the height limit for the precinct and the variations from setback requirements are considered acceptable. The complete absence of car parking is supported by Engineering Services.

It is recommended that a Notice of Decision to grant a permit for the proposal as shown in the revised plans be issued, subject to the conditions attached.

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13. DECISION The Lord Mayor, Deputy Lord Mayor and Councillors were notified of the above recommendation on 15 October 2010. On 21 October 2010 Councillor Shanahan requested that the application be presented to the Future Melbourne Committee for consideration. Grant Logan Planning Officer 16 August 2010 CONDITIONS

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 revised plans received by Council on 2 September 2010 (Prepared by Flagstaff Residential Pty Ltd - Dated 1 September 2010) but amended to show:

a). Increased width of the bike parking area to a minimum 3.9 metres

b). 1.7 metre high canopy trees on the proposed roof deck level as recommended under Section 6.0 by the Pedestrian Wind Environment Statement (WA889-01F02(rev2) prepared by Windtech Consultants Pty Ltd

c). Screening to the first floor west facing balconies of the two southernmost apartments to a minimum height of 1.7 metres.

d). Removal of all east facing windows located along the title boundary.

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

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

3. Prior to the commencement of the development, including demolition, a detailed construction and demolition management plan must be submitted to and be approved by the Responsible Authority. This construction management plan is to be prepared in accordance with the City of Melbourne - Construction Management Plan Guidelines and is to consider the following:

a). public safety, amenity and site security;

b). operating hours, noise and vibration controls;

c) air and dust management;

d) stormwater and sediment control;

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e) waste and materials reuse; and

f) traffic management.

4. Prior to the occupation of the development hereby approved, a stormwater drainage system, incorporating water sensitive urban design, must be constructed for the development and provision made to connect this system to Council’s stormwater drainage system in accordance with plans and specifications first approved by the Responsible Authority; Council’s Group Manager - Engineering Services.

5. The development hereby approved shall achieve a minimum average star rating of seven in the First Rate system to the satisfaction of the responsible authority.

6. All projections over the street alignment should be drained to a legal point of discharge in accordance with plans and specifications first approved by the Responsible Authority – Manager Engineering Services.

7. Any requirement to temporarily relocate street lighting should be first approved by the Responsible Authority – Manager Engineering Services.

8. All temporarily relocated street lighting shall be reinstated to the satisfaction of the Responsible Authority – Manager Engineering Services.

9. The Owner of the subject land should 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; Manager - Engineering Services

10. The Owner of the subject land will not be permitted to alter the existing footpath/road levels in Batman Street for the purpose of constructing new vehicle or pedestrian entrances without first obtaining the written approval of the Responsible Authority; Manager - Engineering Services.

11. The Owner of the subject land should reconstruct the footways in Batman Street adjacent the subject land in accordance with plans and specifications first approved by the Responsible Authority; Manager - Engineering Services.

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

13. Glazing materials used on all external walls must be of a type that does not reflect more than 15% of visible light, when measured at an angle of 90 degrees to the glass surface, to the satisfaction of the Responsible Authority.

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14. Prior to the commencement of the use and/or development, 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.

15. Prior to the commencement of the development hereby approved the applicant must undertake an environmental assessment of the site to determine if it is suitable for the intended use. This assessment must be carried out by a suitably qualified environmental professional who is acceptable to the Responsible Authority.

The recommendations of this assessment, if any, must be implemented prior to the commencement of the use to the satisfaction of the Responsible Authority.

Should the assessment reveal that an Environmental Audit of the site is necessary then prior to the commencement of the use the applicant must provide either:

(a) A Certificate of Environmental Audit in accordance with Section 53Y of the Environment Protection Act 1970; or

(b) A Statement of Environmental Audit under Section 53Z of the Environment Protection Act 1970. This Statement must state that the site is suitable for residential use.

Where a Statement of Environmental Audit is provided, all the conditions of this Statement must be complied with to the satisfaction of the Responsible Authority prior to commencement of the use. Written confirmation of compliance must be provided by a suitably qualified environmental professional or other suitable person acceptable to the Responsible Authority. In addition, sign off must be in accordance with any requirements in the Statement conditions regarding verification of any required works.

If there are conditions on a Statement of Environmental Audit that the Responsible Authority consider require 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 commencement of the use. The applicant must meet all costs associated with drafting and execution of the Agreement including those incurred by the Responsible Authority.

16. This permit will expire if one of the following circumstances applies:

- 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.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires, or within three months afterwards.

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APPLICATION FOR PLANNING PERMIT : TP-2010-459, 49-53 ... · A right of way (ROW) approximately 24...

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Transcript of APPLICATION FOR PLANNING PERMIT : TP-2010-459, 49-53 ... · A right of way (ROW) approximately 24...