A.„ Ing 1111

P PLANN ROIPERTY

NG & PARTNERS

NOVEMBER 2018

TOWN PLANNING ASSESSMENT - 411-421 SMITH STREET, FITZROY

Table of Contents

1 Executive summary 3 2 Pre-application consultation 4 3 Urban context 5

3.1 The site 5 3.2 Site interfaces 6

3.2.1 North 6 3.2.2 East 6 3.2.3 South 6 3.2.4 West 7

4 Proposal 8 4.1 New build 8 4.2 Built form details 9 4.3 Apartment layout 10 4.4 Parking access and loading 10

5 Town planning context 11 5.1 Plan Melbourne 11 5.2 Planning Policy Framework 11 5.3 Local planning policies 12 5.4 Smith Street Structure Plan 2006 14 5.5 Planning scheme controls 1.6

5.5.1 Commercial 1 Zone 16 5.5.2 Mixed Use Zone 16 5.5.3 Heritage Overlay (H0333 & H0334) 17 5.5.4 Environmental Audit Overlay 17

5.6 Particular provisions 17 5.6.1 Clause 52.06 — car parking 17 5.6.2 Clause 52.34 — bicycle facilities 18 5.6.3 Clause 58 — apartment developments 18

5.7 General provisions 18 5.7.1 Clause 65 — decision guidelines 18

6 Planning merits 19 6.1 Key planning considerations 19

6.1.1 Alignment with planning policy? 19 6.1.2 Are acceptable built form and urban design outcomes achieved? 20 6.1.3 Appropriate management of adjoining interfaces. 21 6.1.4 Is the internal amenity for future occupants acceptable? 22 6.1.5 Acceptable management of offsite amenity impact 22 6.1.6 Appropriate resolution of traffic, car parking and waste removal 23

7 Conclusion 26

1 Executive summary

This planning assessment has been prepared by Planning and Property Partners Pty Ltd on behalf of ACC Smith Street Pty Ltd in support of the development of the land for a mixed use, multi storey building comprising of:

■ 71 dwellings.

• 950 square metres of retail premises.

■ 1098 square metres of office.

■ 280 square metres of shared communal spaces.

• 100 on-site bicycle spaces.

• 78 below ground car parking spaces.

K2LD Architecture has designed a contemporary building of high architectural quality that will positively contribute to the emerging character at the northern end of Smith Street, adaptively reusing and preserving the original herbage building fabric whilst respecting the adjoining interfaces.

The proposal has evolved as a direct response to the sites context within the Fitzroy — Smith Street Major Activity Centre, the objectives in both the Planning Policy Framework and local policy, the Commercial 1 Zone (C1Z), Mixed Use Zone (MUZ) and the two precinct Heritage Overlay's (H0333 & H0334) which guide the future development of the site.

This town planning assessment addresses the planning merits of the proposal and its consistency with the planning controls and policies of the Yarra Planning Scheme ('the Planning Scheme').

A detailed assessment of the proposal is set out in this report and should be read in conjunction with the below application material:

■ Architectural plans prepared by K2LD Architects Pty Ltd.

• Architectural report prepared by K2LD Architects Pty Ltd.

■ Traffic impact assessment prepared by One Mile Grid Pty Ltd.

■ Waste management plan prepared by One Mile Grid Pty Ltd.

■ Heritage impact assessment prepared by Bryce Raworth Pty Ltd.

• Sustainability management plan prepared by MacCormack Associates Consultants Pty Ltd.

■ Acoustic statement prepared by WSP Pty Ltd.

• Wind assessment prepared VIPAC Pty Ltd.

• Daylight modelling report prepared by Sustainable Development Consultants Pty Ltd.

■ Landscape concept plan prepared by Phillip Withers Landscape Design Pty Ltd.

Collectively, these reports confirm the suitability of the development from a social, economic, built form, environmental and amenity perspective.

2 Pre-application consultation

A total of three pre-application meetings were held with Council, during which the below matters were discussed for further design consideration.

■ Retention of the existing heritage fabric and the resulting demolition to allow the adaptive reuse as proposed.

■ The proposed massing of the proposed built form on-site in respect to boundary setbacks including overall building heights.

• The importance of not unreasonably impacting the amenity afforded to the adjoining residential dwellings.

■ The inclusion of active and engaging uses at a ground level.

• Materiality and architectural treatment of the form above the retained heritage fabric.

The below sections of this town planning assessment and the accompanying application material outline how the proposal has responded to these pre-application discussions. The proposal has responded appropriately resulting in a desirable planning outcome. •

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3 Urban context

3.1 The site

The subject land is generally referred to as 411-421 Smith Street, Fitzroy and comprises of all land within Lot 1 on Plan of Subdivision 508078. Full copies of the sites land titles information are included at Appendix A of this report.

Figure 1 — Aerial Image

Source: nearmap.corn.au

The site is located on the west side of Smith Street approximately 215 metres south of its intersection with Alexandra Parade, and approximately 300 metres north of the Johnston and Smith Street intersection.

The site has its address to Smith Street and has a side interface, with the provision of vehicle access, to Leicester Street. Leicester Street has a width of approximately 9 metres.

The site has a width of approximately 32.5 metres, a depth of approximately 57.1 metres and a total area of approximately 1,794 square metres.

The existing building is a two-storey face brick building with corrugated iron roof and slate roofing, and metal and timber framed windows on the ground and first floor. The existing building is built to the boundary along the sites northern, eastern and southern boundaries. A private easement is located along the western boundary providing vehicle access to the rear of the site.

The site is located within the Fitzroy — Smith Street Major Activity Centre ('MAC').

As demonstrated in Figure 2 below, the site is located within a Principal Public Transport Network area ('PPTN area') and is afforded with excellent access to a variety of public transport modes.

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3.2 Site interfaces

3.2.1 North

Adjacent to the site on the north side of Leicester Street a planning permit has been approved at 423-425 Smith Street (PLN16/0843) for an 8-storey office building with a Food and drink premises on the Ground Floor and car parking facilities provided in Level 2 with vehicle access from Leicester Street. The Ground Floor and Level 1 retain the existing heritage brick facade of the building with an additional 6 storeys being setback approximately 6 metres from the Smith Street building facade. The upper storeys have a materiality that primarily consists of glazing and copper and cladding. The built form progressively steps down towards the right of way and dwellings to the west of the approved development.

3.2.2 East

The built form on the east side of Smith Street consists of a 9-storey mixed-use building with a retail tenancy on the ground floor at 422 Smith Street and apartments on upper levels. The building is a contemporary design and the ground floor frontage is activated by glazing and signage associated with the retail premises.

On the south side of Hotham Street are a number of single-storey brick shops and double storey Victorian and Edwardian era style shops. Behind these retail premises at 10 Keele Street, an 8-storey contemporary apartment building with ground floor retail tenancy is currently under construction.

3.2.3 South

Immediately south of the site at 401-407 Smith Street, is an existing single storey brick building with a pitched corrugated roof. Two retail premises and a food and drink premise exist within the building and have a frontage to Smith and Rose Streets.

South of the site at 175 Rose Street is an existing 5 and 6-storey development divided into two buildings, with car parking provided on ground and within a basement level with vehicle access afforded from Rose Street. Two shops are located on the ground level with a frontage to Rose Street. The upper storeys of each building consist of dwellings. The ground floor maintains a face brick facade consistent with the materiality of the building at 401-407 Smith Street, with the upper-storey built form setback from the site boundaries. The balconies on the northern interface of the development are setback between 1 and 3 metres from the common boundary between the site and 175 Rose Street.

3.2.4 West

The site abuts land to the west at 434 Gore Street, which is occupied by two double-storey built forms that are utilised by a Victorian Mission hall and a former priests' residence. Both buildings are primarily constructed of face brick with pitched roofs.

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4 Proposal

A planning permit is sought for the part demolition of the existing buildings onsite, and for associated buildings and works to use and develop the site for a mixed use building comprising of dwellings, two retail premises and an office.

The requirements for a planning permit are variously triggered under the C1Z, MUZ and HO that apply to the site. The proposed use of the land for 'accommodation' (dwellings) is a Section 1 use under the C1Z, however, noting the width at ground level exceeds two metres, a permit for the use of land is triggered.

A permit is also required to reduce the car parking requirements of Clause 52.06-5 of the Planning Scheme.

Refer to the town planning drawings for detailed extent of the proposed works.

4.1 New build

The proposal involves the part demolition of the existing building and the construction of a 10-storey building with two basement levels.

The building will contain 71 dwellings, 950 square metres of retail premises, 1098 square metres of office, communal residential facilities, 100 onsite bicycle spaces, and 78 car parking spaces.

More specifically, the proposal will consist of the following:

Level Description

Basement 01, 02 & 03 (TP099, Storage, end of trip facilities, 100 bicycle spaces, 78 car parking spaces TP100 & TP101)

Ground Floor (TP102) Three (3) retail premises, main entry/lobby (residential and/or separate office), vehicle access, building services, four (4) townhouses.

Mezzanine Level (TP103) Upper level of ground floor townhouses.

Level 01 (TP104)

Level 02 (TP105)

Level 03 (TP106)

Level 04 (TP107)

Two (2) office tenancies comprising on 1098 square metres, four (4) double storey apartments

Four (4) one-bedroom dwelling, five (5) two bed dwellings and the top level of the double storey apartments

Three (3) one-bedroom dwellings, eight (8) two bed dwellings

Four (4) one-bedroom dwelling, seven (7) two bed dwellings

Level 05 (TP108) One (1) one-bedroom dwelling, seven (7) two-bedroom dwellings and one (1) three-bedroom dwelling.

Level 06 (TP109) Two (2) one-bedroom dwellings and seven (7) two-bedroom dwellings.

Level 07 (TP110) Seven (7) two-bedroom dwellings

Level 08 (TP111) One (1) two bed dwellings and two (2) three bed dwellings, communal roof terrace area.

Level 09 (TP112) One (1) two bed dwellings and two (2) three bed dwellings

Roof Top (TP113) Plant and lift overrun

4.2 Built form details

The proposal aims to deliver a highly resolved architectural design response which has evolved with a clear understanding of the urban character and amenity of Smith Street, and will provide a positive contribution to the overall Fitzroy — Smith Street MAC.

Key built form outcomes of the proposal are detailed below:

• Maintain, enhance adaptively reuse the existing heritage street walls to Smith Street and Leicester Street.

• Sympathetically reproportion ground floor and Level 1 windows to improve daylight access to the proposed office space and passive surveillance to the respective streetscapes.

• Defined commercial entrance off Smith Street and similarly defined but more subtle residential entrance off Leicester Street creating a sense of address and privacy.

■ The inclusion of double height townhouses to western interface adding a diversity in dwellings whilst optimising space within the proposal.

■ A contemporary design response above the heritage fabric that contains two distinct forms, a more robust form to Smith Street and a lesser, terraced form to Leicester Street that responds to the varied built form contexts.

■ Added interest to distinguish the terraced form from the existing Smith Street built form, this built form envelope is angled in a north west direction. The angle also serves a key purpose to increase building separation and solar access to the existing dwellings at 175 Rose Street.

■ The forms will be finished in neutral material palette comprising clear glazing, concrete surfaces defined by horizontal banding through exposed slab edges and balcony balustrade treatments. The material palate to the terraced form will be of a different in its use of metallic balustrades to that of Smith Street form.

■ The form is also articulated vertically through pilaster grid fenestration that emulates the heritage bay widows within the street wall.

• To further assist in breaking down the Smith Street elevations and to add visual interest Level 4 to Level 7 includes varied projecting balconies.

• Maximising roof space and the excellent views that this proposal will provide to the CBD the Level 8 roof containing a 280 square metre communal recreation space.

■ Noting the emerging and permitted built forms along this part of Smith Street and in the surrounding streets, Level 8 and Level 9 is recessed from the corner of Smith Street and Leicester Street on a tilted angle increasing from approximately 6 metres at corner to approximately 8 metres at the southern end.

■ The recessing is further increased to Level 9 from approximately 7 metres at corner to approximately 11 metres at the southern end.

■ The southern interface adjacent to 401-407 Smith Street provides an exposed 'blank wall' to this boundary to maintain its equitable development potential. The façade is detailed through the material palette and glazing treatments. Notably the glazing treatments are secondary light sources for the spaces within and in the future could be 'built out'.

• The inclusion of landscaping opportunities to the western terraced area add greenery and vibrancy to this interface particularly when viewed from vantage points along Gore Street. In a small way, this emulates the existing terraced formes present in Gore Street.

Further detailed design descriptions are contained within the architectural report and the urban context analysis report submitted within this application.

4.3 Apartment layout

The proposal provide a range of dwelling types and typologies, with a variety of 1-bedroom, 2-bedroom and 3-bedroom options including double-storey townhouses and duplex apartments. The apartment sizes vary from 46 square metres to 156 square metres. Each dwelling will be provided with secluded private open space in the form of a terrace/balcony directly accessible from a living area.

Each apartments has been designed to comply with the objectives of Clause 58 of the Planning Scheme.

4.4 Parking access and loading

Onsite parking is provided via a vehicle accessway off Leicester Street through a proposed double-width crossover. Parking is provided within two (2) basement levels containing 78 car parking spaces and 100 bicycle spaces.

Storage and waste areas are also provided within the basement levels. Access to the upper storeys is granted via central lift services and stairs.

For further detail in relation to car parking arrangements and access, refer to the traffic impact assessment prepared by One Mile Grid. •

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5 Town planning context

5.1 Plan Melbourne

Released in May 2017, Plan Melbourne 2017-2050 (Plan Melbourne) outlines the key strategic directions with regard to the provision of housing and commercial activity within Melbourne's urban areas and activity centres. It is specified in the strategy that the Fitzroy — Smith Street activity centre is recognised MAC in the Plan. The strategic outcomes outlined in the document are required to be considered as part of Council's decision-making process and include (inter-alia):

Outcome 1: 'Melbourne is a productive city that attracts investment, supports innovation and creates jobs.'

Direction 1.2 of Plan Melbourne is to 'Improve access to jobs across Melbourne and closer to where people live' and is supported by the policies including (inter-alia) Policy 1.2.1 which states to 'Support the development of a network of activity centres, linked by transport.'

The strategy further specifies that All activity centres have the capacity to continue to grow and diversify the range of activities they offer. Opportunities to partner with the private sector to enable future diversification, investment and employment growth should be explored and, where appropriate, facilitated through planning provisions.'

Outcome 2: 'Melbourne provides housing choice in locations close to jobs and services.'

Direction 2.2 of Plan Melbourne is to 'Deliver more housing closer to jobs and public transport' and is supported by the policies including (inter-alia) Policy 2.2.3 which states to 'Support new housing in activity centres and other places that offer good access to jobs, services and public transport.'

The strategy further specifies that 'Activity centres are usually well served with public transport and offer access to a range of services and facilities. Many activity centres can support additional housing growth and will need flexibility, particularly where there is a significant population and household growth forecast.'

The strategy also promotes '20-minute neighbourhoods' where there is access to local shops, schools, parks, jobs and a range of community services within a 20 minute trip from your front door.

5.2 Planning Policy Framework

Relevant clauses of the Planning Policy Framework (PPF) for this application are summarised below:

■ Clause 11.03-1S Activity centres, has the overarching objective To encourage the concentration of major retail, residential, commercial, administrative, entertainment and cultural developments into activity centres that are highly accessible to the community.

Strategy to achieve this objective is to 'Build up activity centres as a focus for high-quality development, activity and living by developing a network of activity centres that:

- Comprises a range of centres that differ in size and function.

- Is a focus for business, shopping, working, leisure and community facilities.

Provides different types of housing, including forms of higher density housing.

Is connected by transport. Maximises choices in services, employment and social interaction.'

■ Clause 15.01-1S, Urban Design, has the overarching objective 'To create urban environments that are safe, healthy, functional and enjoyable and that contribute to a sense of place and cultural identity.' The relevant strategies to achieve this objective are as follows:

- 'Require development to respond to its context in terms of character, cultural identity, natural features, surrounding landscape and climate.

Ensure development contributes to community and cultural life by improving the quality of living and working environments, facilitating accessibility and providing for inclusiveness.

Ensure the interface between the private and public realm protects and enhances personal safety.

Ensure development supports public realm amenity and safe access to walking and cycling environments and public transport.

Ensure that the design and location of publicly accessible private spaces, including car parking areas, forecourts and walkways, is of a high standard, creates a safe environment for users and enables easy and efficient use.

Ensure that development provides landscaping that supports the amenity, attractiveness and safety of the public realm.

Ensure that development, including signs, minimises detrimental impacts on amenity, on the natural and built environment and on the safety and efficiency of roads.

Promote good urban design along and abutting transport corridors.'

• Clause 16.01-2R Housing opportunity areas — Metropolitan Melbourne, aspires to 'Manage the supply of new housing to meet population growth and create a sustainable city by developing housing and mixed use development opportunities in locations that are Metropolitan activity centres and major activity centres.'

• Clause 16.01-3S Housing diversity aspires to 'Ensure planning for growth areas provides for a mix of housing types through a variety of lot sizes, including higher housing densities in and around activity centres.'

■ Clause 17, which provides that... planning is to contribute to the economic well-being of communities and the State as a whole by supporting and fostering economic growth and development by providing land, facilitating decisions, and resolving land use conflicts, so that each district may build on its strengths and achieve its economic potential.'

5.3 Local planning policies

Relevant local planning policies for this application are summarised below:

■ Clause 21.02 Municipal profile, provides a background and context of the municipality, including population projections:

'According to the Department of Sustainability and Environment (2004 Victoria in Future Summary). population growth in Yarra will continue to increase to 2030 but the rate of growth will slow as residential redevelopment opportunities diminish. The estimated resident population of Yarra is projected to increase to about 90,000 people by 2031.'

The municipality will be required to provide housing opportunities for an extra circa 90,000 residents by 2031. Providing greater housing diversity and development within existing activity centres will be an essential component to addressing population growth whilst providing housing close to jobs, services and public transport.

• Clause 21.03 Vision, identifies the site to be within the Fitzroy — Smith Street MAC, and has the following vision for land use within the municipality:

The City will accommodate a diverse range of people. including families, the aged. the disabled, and those who are socially or economically disadvantaged.

Yarra will have increased opportunities for employment.

There will be an increased provision of public open space.

The complex land use mix characteristic of the inner City will provide for a range of activities to meet the needs of the community.

Yarra's exciting retail strip shopping centres will provide for the needs of local residents, and attract people from across Melbourne '

■ It is specified within Clause 21.03 that there is a need to provide a diversity and balanced mix of land use within the Municipality. The existing role of the municipalities retail centres and strips should be maintained and enhanced to encourage the vibrancy of these centres.

■ Clause 21.04 Land use, identifies land use strategies pertaining to residential, commercial and office uses within the municipality and its activity centres. The relevant strategies are as follows:

`Strategy 1.3 Support residual population increases in established neighbourhoods.

Strategy 4.1 increase the range of retail, personal and business services, community facilities, and recreation activities, within individual centres.

- Strategy 4.2 Support the regional role of the Major Activity Centres as an important component of Yarra's economy and as a metropolitan destination.

Strategy 4.3 Support the role of all activity centres, including Neighbourhood Activity Centres, in providing local day-to-day needs of residents of all abilities.

Strategy 5.2 Support land use change and development that contributes to the adaptation, redevelopment and economic growth of existing activity centres.

Strategy 5.4 Permit residential development that does not compromise the business function of activity centres.'

The proposal contributes to the regional role of the of the activity centre by providing a mix of retail, office and residential uses.

• Clause 21.05 Built form, outlines strategies pertaining to the built form of heritage places and to achieve desirable urban design outcomes for new development within the municipality. The relevant strategies are as follows:

- 'Strategy 14.1 Conserve, protect and enhance identified sites and areas of heritage significance including pre-settlement ecological heritage.

- Strategy 14.2 Support the restoration of heritage places.

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Strategy 17.2 Development on strategic redevelopment sites or within activity centres should generally be no more than 5-6 storeys unless it can be demonstrated that the proposal can achieve specific benefits such as:

• Significant upper level setbacks.

• Architectural design excellence.

• Best practice environmental sustainability objectives in design and construction.

• High quality restoration and adaptive re-use of heritage buildings.

• Positive contribution to the enhancement of the public domain.

• Provision of affordable housing.'

Strategy 21.1 Require development within Yarra's activity centres to respect and not dominate existing built form.

- Strategy 21.3 Support new development that contributes to the consolidation and viability of existing activity centres.

Strategy 22.1 Encourage applicants to take into account the access needs of all people in the design of new buildings.'

Collectively the policy support and the zoning of the land encourage a building of a reasonable height to be advanced on the site. This planning setting is realised in the emerging and permitted built form approved in this precinct.

■ Clause 22.02 — Development guidelines for sites subject to the Heritage Overlay provides the policy basis for alterations to existing buildings subject to the HO. The clause applies to any development of land subject to the HO. A heritage Impact assessment prepared by Bryce Raworth Pty Ltd forms part of this application.

• Clause 22.03 Landmarks and tall structures. applies to all development within the municipality with the intention of protecting and maintaining the prominence of landmarks. The site is not within proximity to any of the landmarks listed in Clause 22.03-4 of the Planning Scheme and will not have a tangible impact upon the prominence of surrounding landmarks.

• Clause 22.05 — Interface Uses Policy applies to all use and development applications within business zones to protect the diverse land use mix and built form, ultimately seeking to reduce the chance of conflict between commercial, industrial and residential uses. The policy states that... in order to maintain the viability of industrial and business areas there is a need to ensure that new residents do not have unrealistic expectations of the amenity that can be achieved.' Objectives include:

To enable the development of new residential uses within and close to activity centres, near industrial areas and in mixed use areas while not impeding the growth and operation of these areas as service, economic and employment nodes.

- To ensure that residential uses located within or near commercial centres or near industrial uses enjoy a reasonable level of amenity.'

• Clause 22.05-4.1 & 4.2 contains design principles that non-residential development near industrial properties should achieve seek to achieve. It is submitted that the proposed use and development of the site has appropriately considered its interfaces to existing uses which are directly abutting the property or in the immediate surrounds.

■ Clause 22.17-1 states that the policy builds on and implements the sustainability objectives and strategies expressed in clause 21.07. Clause 22.17-2 includes several objectives that a development should satisfy including energy performance, water resources, indoor environment quality, stormwater management, transport, waste management and urban ecology. A sustainability management plan has been prepared MacCormack Associates Consultants Pty Ltd in support of the proposal.

5.4 Smith Street Structure Plan 2006

The Smith Street Structure Plan 2006 (SSSP) is a strategic document adopted by Council in November 2008 which provides a vision for land use, built form and public space within the Fitzroy — Smith Street MAC.

The SSSP outlines several precincts which apply general built form objectives and strategies for future development to each precinct.

Noting the two zones which apply to the site with the predominant portion of the site subject to C1Z is located within Precinct 1 Smith Street Shopping Strip, and the portion of the site subject to the MUZ is located within Precinct 6 Mixed Use — MacRobertson Precinct.

The built form objectives within the Smith Street Shopping Strip precinct are:

• Two to three storeys to the street frontage.

• Upper level development to be set back and generally recessive.

■ Do not match emporia heights.'

The built form objectives within the Mixed Use — MacRobertson precinct are:

■ Avoid dominating the MacRobertson complex.

■ Generally, 5 to 6 storeys, unless a specific urban design benefit can be demonstrated. •

In addition to the above objectives, the following built form provisions are noted for each precinct.

Smith Street Shopping Strip

Future Character Statement

■ The existing heritage character of this traditional strip retained and reinforced, while ensuring that the dominance of the higher emporia buildings continues.

■ Southern sections of the street with non-heritage buildings rebuilt in scale with nearby and adjacent properties on the street.

■ Non-heritage corner sites at the Alexandra and Victoria Parade entries to Smith Street developed with well designed higher buildings (entry buildings).'

Built Form Guidelines

• 'The street frontage façade of infill development must match the predominant street frontage height of nearby and abutting buildings.

■ Upper levels of buildings not dominate.

■ Emporia and identified landmarks must remain dominant in the streetscape.'

Preferred Maximum Building Height

■ Two to three storeys to the street frontage.

■ Upper level development must be set back so as to appear recessive from the street view.

■ The overall height of buildings in the section between Gertrude and Johnston Streets must be at least one storey lower than emporia and identified landmarks, so as to maintain the dominance of these buildings in the streetscape.'

Mixed Use — MacRobertson Precinct

Future Character Statement

• 'Infilling of this precinct will see an increase in residential density (replacement of post-war industrial buildings), while retaining some of the former industrial character.

• Whilst the height of the area may increase, the existing MacRobertson buildings remain the dominant features in this precinct.

■ Street frontages more active and vibrant.'

Built Form Guidelines

■ The former MacRobertson complex must remain the highest buildings in this precinct.

• Build to the street frontage boundary of the site.

■ The street frontage fagade of infill development must complement the predominant street frontage height of nearby and abutting properties, with upper levels set back.'

Preferred Maximum Building Height

■ 'Generally, five to six storeys, unless an urban design benefit can be demonstrated. Sites must be of sufficient size to accommodate upper level setbacks to meet view line and amenity setback criteria.'

Notably, Section 12 of the SSSP provides implementation measures including the introduction of a Design and Development Overlay (DDO) to inform the preferred character, built form guidelines, and the preferred maximum building heights for each precinct.

The implementation measures of the SSSP have not been gazetted into the Planning Scheme and therefore are given minimal weight particularly given the date of the SSSP.

5.5 Planning scheme controls

The subject site is located within the C1Z and a small proportion within the MUZ with the entire site affected by H0333 and H0334.

Figure 3 — Zone Map Source: DELWP

5.5.1 Commercial 1 Zone

The purpose of the C1Z as contained at Clause 34.01 of the Planning Scheme is:

■ To implement the Municipal Planning Strategy and the Planning Policy Framework.

■ To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses.

■ To provide for residential uses at densities complementary to the role and scale of the commercial centre.'

Schedule 1 to the C1Z is a blank schedule.

Under the provisions of the zone, a permit is required to construct a building and carry out works pursuant to Clause 34.01-4.

A permit is also required for use of the land for accommodation (dwellings), due to the frontage at ground level exceeding two metres.

5.5.2 Mixed Use Zone

The purpose of the MUZ as contained at Clause 32.04 of the Planning Scheme and is:

■ 'To implement the Municipal Planning Strategy and the Planning Policy Framework.

■ To provide for a range of residential, commercial, industrial and other uses which complement the mixed-use function of the locality.

■ To provide for housing at higher densities.

■ To encourage development that responds to the existing or preferred neighbourhood character of the area.

■ To facilitate the use, development and redevelopment of land in accordance with the objectives specified in a schedule to this zone.'

The schedule to the MUZ is a blank schedule.

Under the provisions of the zone, a permit is required to construct two or more dwellings on a lot pursuant to Clause 32.04-6.

A permit is also required for use of the land for accommodation (dwellings).

5.5.3 Heritage Overlay (H0333 & H0334)

Two heritage overlays apply to the subject site and are associated with the Smith Street Precinct, Fitzroy/Collingwood and the South Fitzroy Precinct.

The purpose of the Heritage Overlay are as follows:

■ To implement the Municipal Planning Strategy and the Planning Policy Framework.

■ To conserve and enhance heritage places of natural or cultural significance.

■ To conserve and enhance those elements which contribute to the significance of heritage places.

■ To ensure that development does not adversely affect the significance of heritage places.

■ To conserve specified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.'

Pursuant to Clause 42.01-1 of the Planning Scheme, a planning permit is required to demolish or remove a building and construct a building or construct or carry out works.

5.5.4 Environmental Audit Overlay

An Environmental Audit Overlay (EAO) applies to the subject land.

The purpose of the EAO is as follows:

■ To implement the Municipal Planning Strategy and the Planning Policy Framework.

■ To ensure that potentially contaminated land is suitable for a use which could be significantly adversely affected by any contamination.'

The requirements of the EAO can be included as a condition on any future planning permit issued and will be undertaken prior to the occupation of the residential uses of the land.

5.6 Particular provisions

The following Clauses are relevant to the current application:

5.6.1 Clause 52.06 — car parking

Clause 52.06 of the Planning Scheme requires that prior to a new use or an increase in an existing use, the car parking provision required under Clause 52.06-5 must be provided to the satisfaction of the responsible authority.

As specified above, the site is located within a PPTN area, hence the car parking rates in Column B of Clause 52.06-5 of the Planning Scheme apply.

Pursuant to Clause 52.06-5 of the Planning Scheme:

■ Where the use is a 'dwelling', one (1) car parking space must be provided to each one or two-bedroom dwelling and two (2) car parking spaces provided to each three-bedroom dwelling.

■ Where the use is an 'office', three (3) car parking spaces must be provided to each 100 square metres of net floor area.

The use of a 'retail premise' is not included in Table 1 of Clause 52.06-5 of the Planning Scheme and the car parking requirements are not specified. Pursuant to Clause 52.06-6, the provision of car parking must be provided to the satisfaction of the Responsible Authority.

Refer to the Traffic Impact Assessment prepared by One Mile Grid for further detail on the provision of car parking.

5.6.2 Clause 52.34 — bicycle facilities

Clause 52.34 of the Planning Scheme requires that a new use must not commence, or the floor area of an existing use must not be increased until the required bicycle facilities and associated signage has been provided on the land.

Pursuant to Clause 52.34-5 of the Planning Scheme, the following bicycle parking space must be provided:

Use Employee/Resident Visitor/Shopper/Student

Dwelling In developments of four or more

storeys, 1 to each 5 dwellings In developments of four or more

storeys, 1 to each 10 dwellings

Office 1 to each 300 sqm of net floor area if the net floor area exceeds 1000 sqm

1 to each 1000 sqm of net floor area if the net floor area exceeds 1000 sqm

Retail premises 1 to each 300 sqm of leasable floor area

1 to each 500 sqm of leasable floor area

The provision of 100 bicycle spaces is supplied, meeting the statutory requirement for bicycle parking. Please refer to the Traffic Impact Assessment prepared by One Mile Grid for further detail.

5.6.3 Clause 58 — apartment developments

The requirements of Clause 58 are applicable to the proposal.

The proposal positively responds to the relevant objectives, standards and decision guidelines of Clause 58 and provides a high-quality level of amenity for future residents.

A detailed assessment of the proposal against the relevant requitements of Clause 58 is provided at Appendix B.

5.7 General provisions

5.7.1 Clause 65 — decision guidelines

The responsible authority must decide whether the proposal will produce acceptable outcomes in terms of the decision guidelines of Clause 65.

6 Planning merits This section of the report provides an objective assessment of the planning merits of the proposal.

Ultimately, when considering applications, as set out at Clause 65, "the responsible authority must decide whether the proposal will produce acceptable outcomes in terms of the decision guidelines of this clause" (emphasis added).

6.1 Key planning considerations

Based on a comprehensive review of urban/physical context and the statutory planning context and framed considering the decision-maker's role and duty described above, the key planning considerations for this proposal are set out and addressed in turn below.

1. Alignment with planning policy?

2. Are acceptable built form and urban design outcomes achieved?

3. Appropriate management of adjoining interfaces.

4. Is the internal amenity for future occupants acceptable?

5. Acceptable management of offsite amenity impact.

6.1.1 Alignment with planning policy?

It is considered the proposal responds to the desired outcomes outlined in Plan Melbourne, in particular Outcomes 1 and 2 which state that 'Melbourne is a productive city that attracts investment, supports innovation and creates jobs' and 'Melbourne provides housing choice in locations close to jobs and services.'

The proposal facilitates housing that offers diversity and meets changing household needs, whilst also responding to the housing demand from increased population growth in the City of Yarra. Furthermore, the proposal provides housing choice in locations close to jobs and services whilst also creating jobs and services.

The site is located within the Fitzroy — Smith Street MAC, further driving the Directions of Outcome 2 of Plan Melbourne. The site is located in close proximity to public transport and is strategically placed to take advantage of nearby links to the Principal Public Transport Network.

It is considered the proposal aligns with the relevant PPF and local planning policies, noting the following:

■ Consistent with Clause 11.03-1S; the proposal is located within a MAC context and close proximity to public transport, and contemplates a mixture of higher density residential development, retail and office uses.

■ Consistent with Clause 15.01-1S; the proposal provides an urban design outcome that creates a more attractive and liveable environment. The design response encourages public safety, diversity of housing choice and responds to the existing and future built form context.

• Consistent with Clause 16.01-2R; the proposal responds to the diversity and choice of housing stock, whilst respecting existing residential interfaces and providing energy efficient housing.

• Consistent with Clause 17; the proposal utilises the economic potential of the site by expanding on the existing land and implementing a greater range of services and commerce that will contribute to the economic well-being of the surrounding area and municipality.

• Clause 21.02 of the Planning Scheme identifies the significant increase in population within the municipality and the need for housing diversity and typologies to accommodate for this growth. Increasing density in a way that is consistent and sympathetic to the changing development context and strategic direction of the activity centres provides an appropriate response to the population pressures facing the municipality.

■ Clause 21.03 of the Planning Scheme identifies the site to be located within the Fitzroy — Smith Street MAC and outlines the vision for land use within the municipality. The proposal will continue to contribute to the retail strip along Smith Street whilst also providing a diverse range of accommodation suitable for all persons.

■ Consistent with Clause 21.04; the proposal supports the regional role of the Fitzroy — Smith Street MAC by encouraging retail and office uses, in conjunction with locating residential apartments in an area with good access to goods and services. The proposal will contribute to the economic health of the Fitzroy —Smith Street MAC.

■ Consistent with Clause 21.05; the proposal conserves and protects the heritage significance of the site. Within this heritage context, the proposed development is appropriate noting:

Recessed upper storeys, and recessive built form above the existing street wall heights.

A contemporary and well-articulated design response which respects the existing heritage building and heritage place as is supported by Bryce Raworth Pty Ltd.

A stepped and recessive form to the western interface.

An angled setback to the adjoining residential property at 175 Rose Street.

The incorporation of sustainable objectives in both the design and construction phases as documented.

The adaptive re-use of the existing heritage façade.

An improved level of built form engagement with both the Smith Street and Leicester Street streetscapes through the proposed uses as is encouraged within a MAC context.

■ The proposal is consistent with the strategies of Clause 21.08 of the Planning Scheme as it encourages retail and office uses on the ground floor and lower storeys, with residential uses located above.

• Consistent with Clause 22.02; the partial demolition of the existing building and the proposed new works are acceptable in terms of their heritage impacts on the existing building and the Smith Street and South Fitzroy Heritage Precincts. As documented by Bryce Raworth Pty Ltd the proposed new works responds to its heritage context through its setbacks, stepping, massing and contemporary architectural character.

• Clause 22.05 of the Planning Scheme applies to the western portion of the site within the MUZ and has the policy to protect the residential uses from unreasonable amenity impacts created by nearby commercial uses. The proposed dwellings located within the MUZ are designed to ensure the amenity of the dwellings are protected.

• The proposal is consistent with the requirements of Clause 22.17 of the Planning Scheme and, as outlined above, adopts several sustainability initiatives detailed in the sustainability management plan prepared by MacCormack Associates Consultants Pty Ltd.

6.1.2 Are acceptable built form and urban design outcomes achieved?

It is considered the proposed building massing and scale are appropriate within the planning and site context for the reasons outlined below:

■ Retention of the existing heritage facades with minor alterations to improve internal amenity and streetscape activation.

■ Integration of services along the Leicester Street facade.

■ Recessed forms above the street wall to Smith Street. The setback is 5 metres to the proposed mid-rise form with light weight balcony additions.

■ Recessive upper levels to Smith Street with the form holding and defining the Smith Street and Leicester Street corner then pealing back to the south. The recessed upper levels assist in reducing the perceived visual presence of the form from the Smith Street streetscape.

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• The form is modern, includes curved edge treatments and differentiates from the retained brick façades.

■ The Leicester Street built form and architectural composition maintains the common theme of neutral tones but differs through the lower height and stepped form to the west responding to the change in site and planning contexts. Key to the stepped form is varied setbacks to avoid a repetitive treatment.

■ The form and height of the proposal is responsive to the emerging and approved built forms in this part of Smith Street.

It is considered the proposal will enhance the public realm outcome within the streetscape through the provision of a noteworthy architectural proposition that positively marks this corner site.

6.1.3 Appropriate management of adjoining interfaces.

The site for the most part is within the C1Z with only a small proportion of the site at along the western edge located within the MUZ. Importantly, it is worth noting that 401-407 Smith Street along with 175 Rose Street are entirely contained within the C1Z. The Mission Hall and priest residence along Gore Street are contained within the MUZ.

In the context of land in and adjacent to a C1Z and a MAC, prospects to optimise development of these sites must be encouraged and off-site amenity expectations must be tempered by the purpose of the zone and location within a MAC.

In preparing this application careful consideration has gone into the design response to ensure the built form as positioned on the site is appropriate and does not unreasonably impact the development potential or existing amenity afforded to the adjoining sites. Specifically, we note the following:

401-407 Smith Street

■ In the most part, the built form is proposed to be built to this common boundary providing an exposed 'blank wall'. Any future development of this site can be built up to this wall and realise an optimised development yield.

■ The façade is detailed through the horizontal banding with varying concreate texture and windows shown on this elevation to create an active façade until future development.

• The windows provide a secondary source of light to bedrooms and robes in some cases. These windows are providing an opportunity to further articulate and add interest to the façade when viewed from the south on Smith Street.

• Noting the windows are on boundary, and to ensure an equitable development scenario on this site it is considered a condition can be placed on any permit issued requiring the land owner to enter into a Section 173 Agreement on title. The agreement would ensure that at a point in time (e.g. the commencement of development of 410-407 Smith Street), these windows as required would be infilled for fire rating

175 Rose Street

■ As a starting point the massing at Level 1 ceases to be built to boundary at the commencement of the built form at 175 Rose Street (i.e. north east corner of 175 Rose Street). The massing at this point is then setback from the common boundary by 4.6 metres equating to a total setback of built form in the order of 6.7 metres between the respective built forms.

■ At Level 2, the proposal includes the residential apartments. The setback at this storey varies from 4.6-6.7 metres from the boundary noting the deliberate design response in angling the massing to the terrace edges outwards and away from 175 Rose Street.

■ The setback to the façade line to the boundary is at a minimum 10.4 metres between built forms.

• Typically, in the context of a MAC and C1Z it is accepted (subject to the design, orientation, height etc..) that a total setback in the order of 9 metres is an appropriate separation between built forms. However, typically to achieve an equitable outcome on sites of a similar land size the setback is in the order of 4.5

metres from the common boundary for each site so as the sites evenly distribute the separation. Although not applicable in this instance, the proposal has been designed in accordance with the performance measure of Clause 55.04-6 of the Planning Scheme.

■ Noting that in this case the built form at 175 Rose Street is orientated and built close (varying 1-3 metres) to the common boundary the majority of setback (above 9 metres) is being accommodated on the subject site.

■ From Level 3 to Level 7 the setback to boundary is in the order of 8.3-10.5 metres. We note with the stepping of the form away from the western boundary at each respective storey assists to open up the view line to the various dwellings at 175 Rose Street.

Mission Hall

• The form has appropriately had regard to the change in zoning and heritage context to the western edge through the inclusion of a stepped profile.

■ The stepped form provides an appropriate and responsive transition in scale from the full height of the proposed development to Smith Street and then down to the two-storey scale of the adjacent significant former Mission Hall.

■ The setback of this elevation of the built form from the common property boundary provides spatial separation between the proposal and the Mission Hall.

■ The inclusion of tailored landscaping to the western terraced stepped form to add greenery and vibrancy to this interface particularly when viewed from vantage points along Gore Street. In a small way responding to the terraced forms present in Gore Street.

6.1.4 Is the internal amenity for future occupants acceptable?

It is fundamental, new development provides quality internal amenity for residents and users of the development. In this proposal in addition to the detail provided in the K2LD Architecture architectural report and the Phillip Withers Landscape Design Pty Ltd landscape plan we note:

• All dwellings are designed and oriented to receive acceptable daylight and solar access.

• Each dwelling is accessible by an easily identifiable pedestrian entrance on the ground floor and basement level via a lift system servicing each building and stairs.

■ Each dwelling is provided with sufficient secluded private open space in the form of terraces, with an area between 9 and 96 square metres with direct access from a primary living area.

• Double height ceilings to the retail premises fronting Smith Street wrapping around to Leicester Street to assist with defining the pedestrian space, creating facade articulation and activation.

■ Each dwelling has been designed in accordance with the objectives of Clause 85 of the Planning Scheme, notably the accessibility, cross ventilation and room depth performance measures.

■ A key feature of the proposal is the communal outdoor area on Level 8 as detailed within the Phillip Withers Landscape Design Pty Ltd landscape concept plans. The communal open space is utilised to provide substantial additional amenity and activity to the residents of the proposed development providing a total of 280 square metres of outdoor recreational space.

The site is also located within the Fitzroy — Smith Street MAC and is afforded excellent access to facilities and services, as well as being located within close proximity to Tram Route 86 linking the site to the PPTN.

6.1.5 Acceptable management of offsite amenity impact

The two matters of off-site amenity impact to be considered are overlooking and overshadowing.

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175 Rose Street

No unreasonable overlooking will occur in the context of apartment living and in the context of land within a MAC and zoned C1Z. As necessary, screening to the proposed southern balustrade edges can be introduced to ensure no unreasonable overlooking occurs.

In the planning context of this site and the unique scenario of the position of built form at 175 Rose Street whilst also taking into account the expectation of higher density-built form on the subject site, it is considered the level of additional shadow to open space areas (balconies only, not areas of secluded private open space) is acceptable.

Detailed shadow drawings are provided in the architectural package demonstrating the existing and proposed shadow cast on the hours from 9:00am through to 3:00pm on September 22. In respect to shadowing we note:

■ These properties are zoned C 1 Z, where by the same level of expectation for protection of residential amenity is not afforded compared with residentially zoned land.

■ This is not to go understated, as there must be a reasonable expectation informed by the Yarra Planning Scheme, that the amenity enjoyed by existing residential properties in commercially zoned land in higher order activity centres such as the Fitzroy - Smith Street MAC, will be impacted by the reasonable development of land such as that proposed.

■ The shadow drawings have massed in the approved development at 175 Rose Street. The shadow cast to these properties is significantly reduced in the afternoon period from 12noon onwards. Notably, this is as a result of the angled form to the rear combined with the stepping of the form to the west.

Mission Hall

No unreasonable overlooking or loss daylight to any existing windows will occur in the context of these sites.

No unreasonable additional shadowing is, on balance, contrary to the relevant planning objectives. Further to the above we note:

■ The stepping down in form to the west to a in effect 3 storey form.

■ The shadow cast to the Mission Hall is significantly reduced in the afternoon period from 12noon onwards. Notably, this is as a result of the stepping of the form to the west.

6.1.6 Appropriate resolution of traffic, car parking and waste removal

As described previously, the development has been consciously been designed to locate vehicle services and access to Leicester Street to ensure the continued activation of Smith Street and the contributory elements of the existing heritage façade is maintained.

Specifically, we note the access, loading, waste, vehicle movements and resulting traffic generation are detailed within the traffic impact assessment and waste management plan prepared by One Mile Grid Pty Ltd and reproduce the following:

■ 'The car parking layouts and accesses have been designed generally in accordance with the requirements of the Planning Scheme and are considered appropriate.

■ The proposed provision of parking on-site equates to an overall shortfall of 71 spaces under the Planning Scheme.

• Based on Census, case study and empirical assessments the provision of car parking on-site is considered appropriate.

• The anticipated traffic volumes generated by the development is not expected to have an impact on the operation of the Leicester Street or the surrounding road network.

■ It is proposed to utilise a private contractor, to manage the collection and disposal of garbage and recycling associated with the development, whilst it is proposed to utilise Council's municipal hard waste collection services.

• Waste for the majority of uses will be stored within a communal bin storage room located on the first basement level of the development, with residential waste separated from commercial and retail waste via an internal door within the waste storage room. Due to its isolated nature from the basement, waste for retail tenancy three will be stored within the tenancy.

• To facilitate waste collection, the proposed townhouse style dwellings on the western edge of the development will be provided a dual chute system, separating garbage and recyclables. In addition, a waste compactor will be provided for the communal retail and commercial uses. The building manager will be responsible for rotating bins within the storage room to ensure the bins do not overflow.

■ Bins will be collected from the basement via a mini waste collection vehicle. Bins associated with retail tenancy three will be wheeled to Smith Street for collection.'

For further details please refer to the traffic impact assessment and waste management plan (both prepared by One Mile Grid Pty Ltd) included as part of this application. •

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7 Conclusion Having regard to the planning policies and controls, the urban context, and the analysis within the architectural package including the supporting consultant material, it is submitted the proposal provides a positive contemporary design response for the site and to the immediate site interfaces as sought by the Planning Scheme.

More specifically, we note the proposal:

■ Aligns with the objectives of the PPF and local planning policies outlined in the Planning Scheme.

Is supported by its location within MAC, Cl Z and MUZ.

■ Presents a highly resolved architectural outcome respondent to the sites immediate and broader context, incorporating a contemporary design form which will activate the public realm through pedestrian activity and passive surveillance in this strategic location.

• Delivers a mixed-use development balancing the need to respond to its significant heritage context whilst adaptively reusing the existing form providing a higher density development as appropriate to its location on Smith Street.

• Does not unreasonably impact any of the adjoining properties or the respective streetscape through off-site amenity considerations.

It is submitted the proposal presents a well resolved design outcome for this site and should be supported by Council.

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Clause 58 Assessment

411-421 Smith Street, Fitzroy

Objectives and Summary of Standards

• A development must meet all objectives.

Applicant's Assessment

• A development should meet all standards.

Clause 58.01-1:

Urban Context Report and Design Response

An application must be accompanied by:

• An urban context report.

• A design response.

Complies

Refer to the architectural report and accompanying architectural material provided by K2LD Architects Pty Ltd.

Clause 58.02-1 — Urban Context Objectives

• To ensure that the design respects the existing urban context or contributes to the preferred future development of the area.

• To ensure the development responds to the features of the site and surrounding area.

Standard D1

Complies

Refer to this report and accompany architectural material prepared by K2LD Architects Pty Ltd.

Clause 58.02-2 — Residential Policy Objectives

• To ensure that residential development is provided in

accordance with any policy for housing in the State Planning Policy Framework and the Local Planning

Policy Framework including the Municipal Strategic Statement and local planning policies.

• To support higher density residential development where development can take advantage of public and community infrastructure and services.

Standard D2

Complies

Refer to this report and accompany architectural material prepared by K2LD Architects Pty Ltd.

Clause 58.02-3 — Dwelling Diversity Objective

• To encourage a range of dwelling sizes and types in development of ten or more dwellings.

Standard D3

Complies

A total of 14 one-bedroom dwellings is proposed; 50 two-

bedroom dwellings are proposed; and 7 three-bedroom dwellings are proposed.

Clause 58.02-4 — Infrastructure Objectives

• To ensure development is provided with appropriate utility services and infrastructure.

• To ensure development does not unreasonably overload the capacity of utility services and infrastructure.

Standard D4

Complies

The proposed development can be connected to all services required for the residential and commercial uses of the land.

It is not expected the proposal will result in unsustainable demands upon existing and planned infrastructure.

Clause 58.02-5 — Integration with the Street Objective

• To integrate the layout of development with the street.

Standard D5

Complies

The proposed development is primarily orientated to Smith Street and positively engages with the street and existing function of the Fitzroy — Smith Street MAC through

concentrated commercial activity on the ground floor level.

Vehicle access to the basement levels are granted from a

proposed accessway and crossover along Leicester Street.

Clause 58.03-1 — Energy Efficiency Objectives

• To achieve and protect energy efficient dwellings and buildings.

• To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy.

• To ensure dwellings achieve adequate thermal efficiency.

Standard D6

Complies

The proposed development has been carefully designed in consideration of the site's orientation and context. The dwellings have been orientated and provided with windows to maximise the use of solar energy.

The proposed 'L' shape of the proposed development ensures maximum daylight access to all levels of the development.

Where practicable, living areas have been located on the north, east and west.

The accompanying Sustainable Management Plan prepared by MacCormack Associates Consultants Pty Ltd outlines a range of ESD initiatives to be adopted by the development.

Clause 58.03-2 — Communal Open Space Objective

• To ensure that communal open space is accessible, practical, attractive, easily maintained and integrated with the layout of the development.

Standard D7

Complies

The proposal includes a communal open space area on level 8 of the proposed building with a total area of 280 sqm metres in compliance with the Standard.

The space is located to provide passive surveillance opportunities along Leicester Street; provide an outlook for dwellings on level 8 and 9; avoid overlooking into habitable room windows or private open space of new dwellings; minimise the noise impacts to new dwellings.

Clause 58.03-3 — Solar Access to Communal Outdoor Open Space Objective

• To allow solar access into communal outdoor open space.

Standard D8

Complies

The communal open space is located on the north-western corner of the Site. More than 50 percent of the communal outdoor open space will receive a minimum of two hours of sunlight between 9am and 3pm on 21 June.

Clause 58.03-4 — Safety Objective

• To ensure the layout of development provides for the safety and security of residents and property.

Standard D9

Complies

Pedestrian and vehicle accessways are clearly recognised and have been distinguished separately to ensure the safety of pedestrians accessing the site.

Pedestrian and vehicle access to the site will be via secured entrances, protecting the site from inappropriate use.

Both the pedestrian and vehicle entrances will be adequately lit at night to ensure an appropriate level of safety, while providing a sense of place and identity to the both frontages.

Clause 58.03-5 — Landscaping Objectives

• To encourage development that respects the landscape character of the area.

• To encourage development that maintains and enhances habitat for plants and animals in locations of habitat importance.

• To provide appropriate landscaping.

Complies

There is currently no existing landscaping or vegetation on-site.

The landscape concept plans prepared by Phillip Withers Landscape Design Pty Ltd provides details of the proposed landscaping and vegetation.

• To encourage the retention of mature vegetation on the site.

• To promote climate responsive landscape design and

water management in developments that support thermal comfort and reduces the urban heat island effect.

Standard D10

Clause 58.03-6 — Access Objective

• To ensure the number and design of vehicle crossovers respects the urban context.

Standard D11

Complies

The proposed vehicle accessway along Leicester Street is approximately 6.4 metres wide and occupies approximately 11% of the Leicester Street frontage.

Clause 58.03-7 — Parking Location Objectives

• To provide convenient parking for resident and visitor vehicles.

• To protect residents from vehicular noise within developments.

Standard D12

Complies

The car parking area is provided in two basement levels,

with convenient access to dwellings provided by lift and stairs.

The car park will be secure and appropriately ventilated.

No habitable rooms are located near the car park or accessway.

Clause 58.03-8 — Integrated Water and Stormwater Management Objectives

• To encourage the use of alternative water sources such as rainwater, stormwater and recycled water.

• To facilitate stormwater collection, utilisation and infiltration within the development.

• To encourage development that reduces the impact of stormwater run-off on the drainage system and filters sediment and waste from stormwater prior to discharge from the site.

Standard D13

Complies

As outlined in the Sustainable Management Plan prepared by MacCormack Associates Consultants Pty Ltd, the proposed development achieves a STORM rating that complies with the requirements of Standard D13

Further information with regards to the proposal's water use is contained in the accompanying SMP.

Clause 58.04-1 — Building Setback Objectives

• To ensure the setback of a building from a boundary

appropriately responds to the existing urban context or contributes to the preferred future development of the area.

• To allow adequate daylight into new dwellings.

• To limit views into habitable room windows and private

open space of new and existing dwellings.

• To provide a reasonable outlook from new dwellings.

• To ensure the building setbacks provide appropriate internal amenity to meet the needs of residents.

Standard D14

Complies

The proposed upper level additions containing the dwellings are setback approximately between 4.7 metres

and 10.8 metres from the frontage to Smith Street and

between 0 and 3 metres on the Leicester Street Frontage.

The southern interface is partially built to the boundary,

and partially setback providing a separation of 8.35 metres to 11 metres between the Site and the development at 175 Rose Street.

Extensive glazing is proposed at all residential levels to ensure each dwelling maximised daylight into habitable room windows.

No direct views' into the habitable room windows or the private open space of any new or existing dwellings is proposed

Each of the proposed dwellings have an external outlook

that creates a reasonable visual connection to the external environment.

Refer to the architectural package provided by K2LD Architects Pty Ltd for further detail on building setbacks.

Clause 58.04-2 — Internal Views Objective

• To limit views into the private open space and habitable room windows of dwellings within a development.

Standard D15

Complies

All windows and balconies have been designed to prevent overlooking of more than 50 percent of private open space of lower level dwellings

Clause 58.04-3 — Noise Impacts Objective

• To contain noise sources in developments that may affect existing dwellings.

• To protect residents from external and internal noise sources.

Standard D16

Complies

The proposed development includes services provided in the core of the building, with minimal shared walls with dwellings. The main services room is located on the ground floor and basement level.

The site is not located within a noise influence area.

58.05-1 Accessibility Objective

• To ensure the design of dwellings meets the needs of people with limited mobility.

Standard D17

Complies

The building has been designed to allow flexibility in the internal spaces.

Over 50% of all dwellings meet the requirements of Table D4, complying with the requirements of Standard D17.

These dwellings include simple, open plan layouts with bedrooms and ensuites in close proximity to the front entrance, with flexible door opening widths and types, clear paths to bedrooms and bathrooms, hobless showers and toilets located in the corners of rooms.

Refer to the architectural package provided by K2LD

Architects Pty Ltd for further details.

58.05-2 — Building Entry and Circulation Objectives

• To provide each dwelling and building with its own sense of identity.

• To ensure the internal layout of buildings provide for the safe, functional and efficient movement of residents.

• To ensure internal communal areas provide adequate access to daylight and natural ventilation.

Standard D18

Complies

Each dwelling will be clearly identifiable through a number system proposed for each dwelling entry. All dwellings are accessed through a communal lobby space on the ground floor, or via the lift and stairs from the basement.

There is a clear distinction between commercial and residential uses. The ground floor dwellings are accessed by at a residential lobby only servicing their dwellings.

The stairs at the entrance are visible at the entrance and will encourage residents to use these where possible.

Each residential lobby space is provided with at least 1 source of natural light, has clear site lines and is not obstructed by any building services.

Clause 58.05-3 — Private Open Space Objective

• To provide adequate private open space for the

reasonable recreation and service needs of residents.

Standard D19

Complies

Each dwellings private open space area meets the minimal dimensional and area requirements of Standard B19.

Clause 58.05-4 — Storage Objective

• To provide adequate storage facilities for each dwelling

Standard D20

Complies

The proposal is capable of providing each dwelling with storage that complies with the requirements of Table D6.

Clause 58.06-1 — Common Property Objectives Complies

• To ensure that communal open space, car parking,

access areas and site facilities are practical, attractive and easily maintained.

• To avoid future management difficulties in areas of common ownership.

Standard D21

The communal open space areas are clearly identifiable and separated from the private open space areas through separate entrances.

The space is entirely usable and will be managed by the Body Corporation.

Clause 58.06-2 — Site Services Objectives

• To ensure that site services can be installed and easily maintained.

• To ensure that site facilities are accessible, adequate and attractive.

Standard D22

Complies

The proposal complies with these requirements, enabling

appropriate access to building services for required maintenance works.

The mail room is located on the ground floor for easy access by residents and Australia Post.

Clause 58.06-3 — Waste and Recycling Objectives

• To ensure dwellings are designed to encourage waste recycling.

• To ensure that waste and recycling facilities are accessible, adequate and attractive.

• To ensure that waste and recycling facilities are designed

and managed to minimise impacts on residential amenity, health and the public realm.

Standard D23

Complies

The bin storage area is appropriate for the desired

residential and commercial use as detailed in the

accompanying Waste Management Plan prepared by One Mile Grid Pty Ltd/

This Waste Management Plan details the provision of facilities for bin washing: collection, separation and

storage of waste and recyclables; circulation for collection vehicles; storage both within individual dwellings and communal areas.

Clause 58.07-1- Functional Layout Objective

• To ensure dwellings provide functional areas that meet the needs of residents.

Standard D24

Complies

All bedrooms meet the minimum dimensions.

All living areas meet the minimum dimensions.

Refer to the architectural package provided by K2LD Architects Pty Ltd for further details.

Clause 58.07-2 — Room Depth Objective

• To allow adequate daylight into single aspect habitable rooms.

Standard D25

Complies

The ceiling height of the proposed dwellings is approximately 2.7 metres.

There are a number of single aspect habitable rooms within dwellings that exceed a depth of 2.5 times the ceiling

height. The depth of these single aspect habitable rooms are appropriate in this instance because:

• The single aspect habitable rooms including the living areas, kitchen and dining areas.

• The kitchens are located furthest from the window.

• The ceiling height is 2.7 metres.

Clause 58.07-3 — Windows Objective

• To allow adequate daylight into new habitable room windows

Standard D26

Complies

All habitable rooms have a window in an external wall of the building.

Clause 58.07-4 — Natural Ventilation Objectives

• To encourage natural ventilation of dwellings.

• To allow occupants to effectively manage natural ventilation of dwellings.

Complies

All of the habitable rooms are fitted with openable windows, and opportunities for cross-ventilation have been maximised.

Standard D27 At least 40% of the dwellings meet the requirements for

effective cross-ventilation.

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