Town Planning and Urban Context Report 81-89 … Introduction This report is prepared on behalf of...

Town Planning and Urban Context Report

81-89 Queens Parade, Fitzroy North December 2017

© Contour Consultants Aust Pty Ltd The information contained in this document is confidential and intended solely for the use of the client identified in the report for the purpose for which it has been prepared and no representation is made or is to be implied as being made to any third party. Use or copying of this document in whole or part without the written permission of Contour Consultants Aust Pty Ltd constitutes an infringement of copyright. The Intellectual property contained in this document remains the property of Contour Consultants Aust Pty Ltd.

Town Planning and Urban Context Report

81-89 Queens Parade, Fitzroy North December 2017

Contents

1 Introduction ............................................................. 3

2 Site Analysis ............................................................ 4 2.1 Subject Site .................................................... 4 2.2 Surrounds ....................................................... 7

3 Statutory Planning Framework ........................... 14 3.1 Zoning ........................................................... 14 3.2 Overlays ........................................................ 15 3.3 State Planning Policy Framework ............. 16 3.4 Plan Melbourne ............................................ 16 3.5 Local Planning Policy Framework .............. 17 3.6 Particular and General Provisions ............. 19 3.7 North Fitzroy Gasworks Precinct Urban

Design Framework (October 2008) ............ 22 3.8 Fitzroy Gasworks Concept Masterplan

(2007) ............................................................ 23 4 Proposal ................................................................. 24

5 Planning Assessment ........................................... 27 5.1 Preamble ...................................................... 27 5.2 Strategic Considerations ............................ 27 5.3 Land Use Considerations ............................ 29 5.4 Design and Built Form Considerations ..... 30 5.5 Amenity Considerations .............................. 34 5.6 Traffic Engineering Considerations ........... 36 5.7 Environmentally Sustainable Design ........ 37 5.8 Waste Management .................................... 37

6 Conclusion ............................................................. 38

81-89 Queens Parade, Fitzroy North Contour Consultants Aust Pty Ltd 3

1

1 Introduction

This report is prepared on behalf of 81-89 Queens Pde Pty Ltd and it accompanies the planning permit application to the City of Yarra for use and development of the land at 81-89 Queens Parade, North Fitzroy for the purpose of:

→ An eight storey building comprising offices and serviced apartments above a ground floor supermarket and basement car park;

→ Use of the land for the purpose of Residential Hotel (serviced apartments);

→ Reduction of the parking requirement; → Alteration of access to a road in a Road Zone.

This report provides:

→ A description of the site and its surrounds; → An outline of the applicable statutory planning frameworks; → A description of the proposed development including its use

components; → An assessment of the proposal taking into account all relevant

town planning considerations.

The report is prepared in accordance with the relevant provisions of the Yarra Planning Scheme, including the applicable sections of the Municipal Strategic Statement and all relevant Local policies.

The project team comprises:

Cox Architects Project Architects Contour Consultants Town Planners Traffix Group Traffic Engineers ADP Consulting Engineering Sustainable Design Consultants Jack Merlo Design Landscape Architects Leigh Design Waste Management Consultants


2

2 Site Analysis

The subject site is a large parcel of land on the south west corner of Queens Parade and George Street in Fitzroy North. The site is formally described as Lot 1 on Title Plan 225789H (Volume 9961 Folio 317).

The site is irregular in shape with frontage to Queens Parade of 54.51 metres, frontage to George Street of 88.2 metres, a length of 56.08 metres on the west side, a length of 44.35 on the south side and an area of 3223m².

The land is developed with single storey rendered brick buildings that are currently vacant but formerly used for the purpose of service industry, office and warehousing.

Vehicle access is available from Queens Parade, George Street and the Right of Way (ROW) to the south off George Street. This includes an extensive crossover to George Street where there is provision for approximately ten car spaces and a double crossover to Queens Parade, toward the west boundary where there is provision for 4 car spaces. A further car parking area is located along the south side boundary, accommodating approximately 8 spaces.

The building is constructed to title boundaries, except for where off street car parking is provided.

The land is relatively flat. Two eucalyptus trees are located toward the south east corner of the site.

2.1 Subject Site

81-89 Queens Parade, Fitzroy North Contour Consultants Aust Pty Ltd 5 2 Site Analysis

Figure 2.1 CADASTRAL PLAN

Figure 2.2 LOCALITY MAP

Subject Site

Subject Site


Figure 2.3 AERIAL VIEW (BROAD)

Figure 2.4 AERIAL VIEW (SPECIFIC)

Subject Site

Subject Site


The subject site is strategically located within an inner urban renewal precinct adjacent to major transport routes, local shopping strips, public parks and the Fitzroy Pool. In the vicinity of the subject site there are combination of light industrial, commercial and residential land uses. More specially, this includes:

→ One and two storey commercial buildings to the west; → Single and two storey dwellings in the Commercial 2 Zone to

the south and south west; → The Yarra Council Depot on the opposite side of George Street

which occupies part of the state-government owned Gas and Fuel Site;

→ Multi-dwelling developments on the north side of Queens Parade, and;

→ Napier Reserve to the west, where Queens Parade and Alexandra Parade intersect.

Queens Parade is a declared state arterial road with a width of approximately 60 metres, multiple traffic lanes and service roads in both directions. A row of London Plane trees are planted within the road reserve.

George Street is also a declared state arterial road and its lanes are arranged to prioritise south band traffic. More information about the surrounding road network is provided within the accompanying Traffic Engineering Assessment prepared by Traffix Group.

The subject site forms part of the North Fitzroy Gasworks Precinct under the Urban Design Framework prepared and adopted by Yarra City Council. The Precinct is generally bound by Queens Parade, Alexandra Parade and Smith Street as shown at Figure 3.3 below. The subject site is visually separated from the residential precincts on the north side of Queens Parade and South side of Alexandra parade due to the industrial history of the precinct and the arrangement and function of the abutting roads.

The Victorian Government is considering the potential redevelopment of the Precinct and an Urban Design Framework has been prepared by the City of Yarra (adopted 21 October 2008). The strategic work indicates that the Precinct will be transformed to accommodate a higher form of residential density and a mixture of land uses.

A draft Concept Masterplan has recently been prepared for the Gasworks Site which future building height in the order of 6 to 14 storeys as shown at Figure 3.4 below.

The subject site is proximate to the Brunswick Street and Smith Street Major Activity Centres and the Queens Parade Neighbourhood Activity Centre is located approximately 650 metres to the north-east. Public transport is easily accessed from the site including trams along Brunswick, Nicholson and Smith Streets and buses that operate along Queens Parade providing a connection to the University of Melbourne and Clifton Hill Railway Station.

The Melbourne Central Activities District is approximately 4km to the south

2.2 Surrounds


Figure 2.5 VIEW OF THE SUBJECT SITE FROM QUEENS PDE

Figure 2.6 VIEW OF THE EXISTING CROSSOVER TO QUEENS PDE


Figure 2.7 VIEW TOWARD THE ADJOINING PROPERTIES TO THE WEST

Figure 2.8 VIEW ALONG QUEENS PARADE LOOKING WEST


Figure 2.9 VIEW OF THE NORTH SIDE OF QUEENS PDE OPPOSITE THE SUBJECT SITE

Figure 2.10 VIEW ALONG QUEENS PDE FACING EAST FROM THE CORNER OF GEORGE STREET


Figure 2.11 VIEW OF THE ENTRY TO THE COUNCIL DEPOT ON THE EAST SIDE OF GEORGE STREET

Figure 2.12 VIEW TOWARD THE EAST SIDE OF GEORGE STREET


Figure 2.13 VIEW ALONG THE SOUTH LANEWAY LOOKING SOUTH WEST

Figure 2.14 VIEW OF THE SOUTH SIDE OF THE SUBJECT SITE


Figure 2.15 VIEW TOWARD THE ROW AND REAR OF THE SUBJECT SITE

Figure 2.16 VIEW ALONG THE EAST SIDE OF THE SUBJECT SITE


3

3 Statutory Planning Framework

The subject site is located within the Commercial 2 Zone under the Yarra Planning Scheme.

The purpose of the Commercial 2 Zone at Clause 34.02 of the Scheme is:

→ To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

→ To encourage commercial areas for offices, appropriate manufacturing and industries, bulky goods retailing, other retail uses, and associated business and commercial services.

→ To ensure that uses do not affect the safety and amenity of adjacent, more sensitive uses.

Pursuant to the Commercial 2 Zone, Office is a Section 1, permit not required use.

Supermarket is also a Section 1 permit not required use provided that:

→ The leasable floor area does not exceed 1800 square metres. → The site adjoins, or has access to, a road in a Road Zone. and → Must be on land within the City of Greater Geelong or within an

urban growth boundary in metropolitan Melbourne.

The above conditions are met and therefore the supermarket is as of right.

Residential Hotel, which includes serviced apartments, is a Section 2, permit required use.

At Clause 34.02-4, a planning permit is required to construct a building or construct or carry out works.

Figure 3.1 ZONING PLAN

3.1 Zoning

Subject Site

81-89 Queens Parade, Fitzroy North Contour Consultants Aust Pty Ltd 15 3 Statutory Planning Framework

The subject site is affected by a Special Building Overlay. The purpose of the Special Building Overlay is to:

→ To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

→ To identify land in urban areas liable to inundation by overland flows from the urban drainage system as determined by, or in consultation with, the floodplain management authority.

→ To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity.

→ To protect water quality in accordance with the provisions of relevant State Environment Protection Policies, particularly in accordance with Clauses 33 and 35 of the State Environment Protection Policy (Waters of Victoria).

A permit is required to construct a building or to construct or carry out works.

Figure 3.2 OVERLAY PLAN

3.2 Overlays

Subject Site


The following clauses within the State Planning Policy Framework (SPPF) are relevant to the assessment of the proposal:

→ Plan Melbourne (Clause 9) → Operation of the State Planning Policy Framework (Clause 10) → Settlement (Clause 11) including:

→ Urban Growth (Clause 11.02) → Metropolitan Melbourne (Clause 11.04)

→ Built Environment and Heritage (Clause 15) including:

→ Urban Environment (Clause 15.01) → Sustainable Development (Clause 15.02)

→ Economic Development (Clause 17) including:

→ Commercial (Clause 17.01)

→ Transport (Clause 18) including: → Integrated Transport (Clause 18.01) → Movement Networks (Clause 18.02)

The refreshed Melbourne Metropolitan Strategy, ‘Plan Melbourne 2017-2050’, was gazetted into the Melbourne Planning Scheme on 31 March 2017. The document is designed to ‘manage, adapt to and harness change for the social, economic and environmental benefit of future generations of Victorians’.

Plan Melbourne identifies that between 2015 and 2051 Melbourne is projected to grow by 3.4 million people who will require another 1.6 million dwellings and 1.5 million jobs.

Plan Melbourne provides the following relevant directions:

→ Create a city structure that strengthens Melbourne’s competitiveness for jobs and investment;

→ Improve access to jobs across Melbourne and closer to where people live;

→ Create development opportunities at urban renewal precincts across Melbourne;

→ Achieve and promote design excellence; → Create a city of 20-minute neighbourhoods; → Create neighbourhoods that support safe communities and

healthy lifestyles; → Transition to a low carbon city, and; → Integrate urban development and water cycle management to

support a resilient and liveable city. → Reduce waste and improve waste management and resource

recovery.

In relation to urban renewal precincts, Plan Melbourne acknowledges that they offer the opportunity to improve local amenity and a greater mix of uses to support local communities.

3.3 State Planning Policy Framework

3.4 Plan Melbourne


The Municipal Strategic Statement (MSS) provides the strategic planning framework for the City of Yarra. Several of the identified issues raised within the MSS are relevant to the proposal.

These include:

→ Clause 21.04 Land Use → Clause 21.05 Built Form → Clause 21.06 Transport → Clause 21.07 Environmental Sustainability → Clause 21.08 Neighbourhoods (North Fitzroy) Clause 21.04 Land Use

Clause 21.04-1 includes a relevant objective to increase the number and diversity of local employment opportunities.

Clause 21.05 Built Form

Clause 21.05 sets out objectives and strategies relating to urban structure and character, urban design and the public realm and physical infrastructure.

In relation to urban design, Strategy 17.2 at Clause 21.05-2 provides that:

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.

Clause 21.06 Transport

Clause 21.06 acknowledges that ‘Yarra needs to reduce car dependence by promoting walking, cycling and public transport use as viable and preferable alternatives.’

Specifically, Clause 21.06 includes the following strategies aimed at reducing car dependency:

→ Minimise vehicle crossovers on street frontages. → Use rear laneway access to reduce vehicle crossovers. → Require new development that generates high numbers of trips

to be easily accessible by public transport.

3.5 Local Planning Policy Framework


→ Ensure access arrangements maintain the safety and efficiency of the arterial and local road networks.

Clause 21.07 Environmental Sustainability

Clause 21.07 promotes sustainable building design and construction.

Clause 21.08 Neighbourhoods

Clause 21.08-8 implements objectives and strategies contained between Clauses 21.04 to 21.07, specific to the North Fitzroy Neighbourhood.

Local Planning Policy Framework (LPPF)

In addition to the MSS, the following Local Planning Policies are relevant to the proposal:

→ Clause 22.05 Interface Uses Policy

→ Clause 22.07 Development Abutting Laneways

→ Clause 22.10 Built Form and Design Policy

→ Clause 22.16 Stormwater Management (Water Sensitive Urban Design)

→ Clause 22.17 Environmentally Sustainable Design

Clause 22.05 Interface Uses Policy

Clause 22.05 applies because the subject site is located within a Commercial 2 Zone.

The policy seeks to manage conflicts that arise where neighbourhoods include a diverse land use and built form mix with an emphasis on protecting the viability of commercial areas while maintaining a reasonable level of amenity for residents.

Clause 22.07 Development Abutting Laneways

This policy applies to applications for development that is accessed from a laneway or has laneway abuttal.

The policy is formed on the basis that the Municipal Strategic Statement (MSS) identifies the need to retain existing laneways and enhance their amenity.

Clause 22.10 Built Form and Design Policy

The policy is formed on the basis that a key strength of Yarra is its’ diversity in terms of land use mix, built form, natural features and


community composition. This is interrelated with a strong demand for more intense urban development.

The Clause sets out policies categorised into design elements such as site analysis, urban form and character, setbacks and building height to guide the form of new development,

Clause 22.16 Stormwater Management (Water Sensitive Urban Design)

Pursuant to Clause 22.16-4, an application must be accompanied by a Water Sensitive Urban Design Response.

Clause 22.17 Environmentally Sustainable Design Policy

The overarching objective of this Policy is that development should achieve best practice in environmentally sustainable development from the design stage through to construction and operation. At Table 1 to the Clause, an application for ten or more dwellings must be accompanied by a Sustainability Management Plan.

The following clauses within the Particular and General Provisions sections of the Planning Scheme are relevant to the application:

→ Car Parking (Clause 52.06) → Loading and Unloading of Vehicles (Clause 52.07) → Bicycle Facilities (Clause 52.34) → Land Adjacent to a Road Zone, Category 1 (Clause 52.29) → Decision Guidelines (Clause 65) Car Parking (Clause 52.06) The purpose of this provision is:

→ To ensure that car parking is provided in accordance with the State Planning Policy Framework and Local Planning Policy Framework.

→ To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated by the activities on the land and the nature of the locality.

→ To support sustainable transport alternatives to the motor car. → To promote the efficient use of car parking spaces through the

consolidation of car parking facilities. → To ensure that car parking does not adversely affect the amenity

of the locality. → To ensure that the design and location of car parking is of a high

standard, creates a safe environment for users and enables easy and efficient use.

3.6 Particular and General Provisions


A permit is required to:

→ Reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5.

The development has a statutory requirement of 226 car spaces, comprising 142 office spaces and 84 supermarket spaces plus parking for the serviced apartments to the satisfaction of the responsible authority. The application proposes 153 car spaces resulting in a parking shortfall of 73 car spaces. Clause 52.06 states that: An application to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5 or in a schedule to the Parking Overlay must be accompanied by a Car Parking Demand Assessment. The Car Parking Demand Assessment must assess the car parking demand likely to be generated by the proposed:

→ new use; or → increase in the floor areas or site area of the existing use; or → increase to the existing use by the measure specified in

Column C of Table 1 in Clause 52.06-5 for that use. The Car Parking Demand Assessment must address the following matters, to the satisfaction of the responsible authority:

→ The likelihood of multi-purpose trips within the locality which are likely to be combined with a trip to the land in connection with the proposed use.

→ The variation of car parking demand likely to be generated by the proposed use over time.

→ The short-stay and long-stay car parking demand likely to be generated by the proposed use.

→ The availability of public transport in the locality of the land. → The convenience of pedestrian and cyclist access to the

land.

A Car Parking Demand assessment has been prepared by Traffix Group and is also submitted in support of the application. Loading and Unloading of Vehicles (Clause 52.07) The purpose of this provision is:

To set aside land for loading and unloading commercial vehicles to prevent loss of amenity and adverse effect on traffic flow and road safety. The requirements of the provision apply to the Supermarket only. A loading bay is provided at the rear of supermarket and the requirements of the Clause are met.


Land Adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road (Clause 52.29) Both Queens Parade and George Street are classified as a Road Zone, Category 1 and the provisions of Clause 52.29 apply. The objective of the Clause is:

→ To ensure appropriate access to identified roads. → To ensure appropriate subdivision of land adjacent to identified

roads. A permit is required to alter access to a road in a Road Zone, Category 1. Bicycle Facilities (Clause 52.34)

The purpose of this Clause is:

→ To encourage cycling as a mode of transport. → To provide secure, accessible and convenient bicycle parking

spaces and associated shower and change facilities.

There is a statutory requirement to provide 46 bicycle spaces comprising 11 resident spaces, 17 staff spaces and 18 visitor spaces. The application proposes 58 on site bicycle parking spaces, and a further 14 spaces in front of the site and the requirements are exceeded. Bicycle parking is provided as a mix of vertical rails and horizontal rails. In accordance with AS2890.3:2015, horizontal rails form more than 20% of the total provision. Decision Guidelines (Clause 65) Clause 65.01 sets out a number of matters for the responsible authority to consider before deciding on application, including but not limited to:

→ The State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

→ The purpose of the zone, overlay or other provision. → Any matter required to be considered in the zone, overlay or

other provision. → The orderly planning of the area. → The effect on the amenity of the area.


The North Fitzroy Gasworks Precinct Urban Design Framework (October 2008) was prepared by Yarra Council and adopted in 2008. The purpose of the Urban Design Framework is to guide future development and land use having regard to building height, setbacks, the provision of open space, local access networks, traffic management and zoning changes.

The subject site is identified as being within the Gasworks Precinct Boundary as shown at Figure 3.3 below and the following guidelines and objectives are relevant:

→ Future development of the Gasworks Precinct should respond to Queens Parade with built form that contributes to their significance as formal boulevards, and land uses that suit the varied traffic and environmental conditions along them.

→ Improve pedestrian and bicycle access into and through the precinct to support its development and to integrate activity in the area with surrounding neighbourhoods.

→ Accommodate community facilities meeting strategic needs of the wider area.

→ Create useful public spaces to meet local needs, to improve their amenity and usability.

→ Building heights should generally be less than 16 metres along frontages to Queens and Alexandra Parades, with any additional height set well back so as to be hidden, including in oblique views along the street.

→ Create high quality architectural frontages with a sense of articulation, streetscape scale and rhythm in keeping with the boulevards’ width.

→ Minimise interference with the Queens Parade medians, protect the trees and replant with the same species where they are in poor condition. A Heritage Overlay applies to parts of Queens Parade (HO93), to protect its streetscape qualities.

→ For Queens Parade frontages a preferred maximum height of 17 metres applies with an absolute maximum of 20 metres.

→ For George St frontages a preferred maximum height 17 metres applies with an absolute maximum of 20 metres.

→ Heights may increase away from street frontages using upper-level setbacks that are not visible from the adjoining street above parapets at the nominated maximum frontage heights.

The Urban Design Framework species that decision guidelines should only allow for absolute maxima subject to design excellence.

3.7 North Fitzroy Gasworks Precinct Urban Design Framework (October 2008)


Figure 3.3 NORTH FITZROY GASWORKS PRECINCT URBAN DESIGN FRAMEWORK

Development Victoria is investigating the potential renewal of the Fitzroy Gasworks site which is declared surplus government land. The draft Fitzroy Gasworks Concept Masterplan (2007) has been prepared to inform a rezoning application, to be submitted to the Minister for Planning and formally exhibited early 2018 through a public planning process.

Unlike the Urban Design Framework, the draft Concept Masterplan does not apply to the subject site but it is relevant insofar as it provides guidance on the future land use and built form context.

The draft Concept Masterplan shows that building height will be in the order of 6 to 14 storeys as shown at Figure 3.4 below and a combination of land uses are proposed.

Figure 3.4 DRAFT FITZROY GASWORKS CONCEPT MASTERPLAN

3.8 Fitzroy Gasworks Concept Masterplan (2007)


4

4 Proposal

The application proposes redevelopment of the subject site for the purpose of an eight storey building comprising offices and serviced apartments above a ground floor supermarket and basement car park. The application also seeks to reduce the car parking requirement and alter access to a road in a road zone.

Specific details of the proposal are as follows:

→ Demolition of the existing buildings and two trees from within the site boundaries (planning permit not required);

→ Construction of an eight storey building over a basement car park with vehicle access from the Queens Parade service lane and service access from George Street.

→ At ground floor level the development will comprise: o A supermarket with a total leasable floor area of

1732m² including access and back of house (BOH) areas.

o Independent office and serviced apartment lobbies. o A loading bay adjacent to the supermarket BOH area

and service rooms. o A ramp to the basement toward the west boundary with

a separate bicycle ramp. → The existing crossover to the Queens Parade service lane will be

modified to suit the basement ramp. → The existing crossover to George Street will be slightly widened

on the north side to allow for two way access. → Serviced apartments will be located at Levels 1-4 with a total of

110 keys, gym, conference room and business lounge. → Offices will be located at Levels 5-7 with a net floor area of

4074m². → Landscaped terraces for office use will be provided at Levels 5

and 7. → The basement will comprise two levels with a total of 153 car

spaces including 57 office spaces, 33 serviced apartment spaces (at Basement Level 2) and 63 supermarket spaces (at Basement Level 1). Provision is also made for waste enclosures, storage rooms and 58 bicycle spaces at Basement Level 1.

→ A further 14 bicycle parking spaces will be provided at ground level along the northern frontage of the site.

→ The total bicycle parking provision is 72 spaces. → A central core lift core will provide access from the basement to

the ground floor lobbies and the office and serviced apartment floor levels. An additional lift will provide separate access to the supermarket from Basement Level 1 where supermarket parking is provided.

The building will be constructed to George Street at ground floor level and set back from Queens Parade to varying degrees to provide for landscaped entries to the supermarket and lobbies.

81-89 Queens Parade, Fitzroy North Contour Consultants Aust Pty Ltd 25 4 Proposal

A setback of 4.05 metres is adopted from the ROW to achieve two-way vehicle access to the loading bay and BOH areas. The development will abut existing boundary walls of No. 157a and 79 Queens Parade to the west of the subject site. The serviced apartment level floorplates are set back from title boundaries as follows:

→ Between 800 mm and 3.6 metres from Queens Parade → Between 3.5 metres and 6.1 metres from the north boundary

with all balconies and habitable room windows set back 4.5 metres.

→ Between 2.6 metres to 7 metres from the south boundary recessed to 8.3 metres toward the south west corner of the building.

→ Between 1.1 metres and 4 metres from George Street. The office level floorplates will be set back from title boundaries as follows:

→ Between 7.1 metres and 7.7 metres from Queens Parade at Levels 5 and 6 and setback further to 11.6 metres at Level 7 at the north east corner.

→ 4.5 metres from the west boundary with the exception of the sun protection fins which will be set back 3.3 metres. The setback is increased to 5 mere at Level 7.

→ Between 6.2 metres and 15 metres from the south boundary, recessed to 20.9 metres at level 7 toward the south west corner.

→ Between 5 metres and 7.1 metres from George Street except for Level 7 which will be setback further to approximately 10 metres.

The building will have a maximum height of 31 metres above natural ground level to the top of Level 7 and 33.1 metres to the top of the roof plant screens. The architecture has a stepped, sculptural form with integrated planters and vertical planting for visual interest. Vertical fins are provided on the west side of the building for shading. Materials and finishes include a combination of red brick, clear glazing, black steel, timber batten soffits and cladding and white concrete exposed aggregate.

81-89 Queens Parade, Fitzroy North Contour Consultants Aust Pty Ltd 26 4 Proposal

Figure 4.1 PERSPECTIVE DRAWING BY COX ARCHITECTURE

Figure 4.2 LANDSCAPE NORTH ELEVATION BY JACK MERLO


5

5 Planning Assessment

Having regard to the applicable development and land use provisions set out within the Yarra Planning Scheme, the following key matters will be addressed:

→ The strategic support for the proposed development having regard to the applicable State and Local Planning Policy Frameworks;

→ Whether the land use mix is acceptable in this context; → Design and built form considerations; → Whether the proposal will result in any unreasonable amenity

impacts on adjoining properties; and → Whether the proposal will provide acceptable amenity for

short-stay residents; → Traffic, parking and access considerations; → Sustainable Design considerations, and; → Waste Management Considerations.

In terms of its strategic context, the site forms part of the North Fitzroy Gasworks Precinct under the adopted Urban Design Framework and it is directly opposite the Gasworks site which has been earmarked for urban renewal include a mix of land uses and residential development at higher densities up to 14 storeys.

The Victorian Government has identified that renewal of the site would be consistent with objectives to deliver ‘‘vibrant neighbourhoods, thriving shopping strips and affordable housing close to jobs, services, and transport options’’. Further, the redevelopment of the precinct contributes to broader objectives including:

→ Growing the population within a fixed urban growth boundary; → Protecting the green wedges; → Ensuring there are more jobs closer to where people live; → Better transport and stronger activity centres; → Better planned new communities in our growth corridors; and → Integrated public transport, infrastructure investment and land

use planning.

The subject site is strategically located opposite this identified urban renewal precinct and the proposed development will positively contribute to its transformation and ultimate success. It is expected that the delivery of a supermarket, substantial office floor area and serviced apartments will consolidate the precinct as a vibrant urban village where residents can meet their everyday needs within a short distance from home.

The site is surrounded by commercially zoned land and it is relatively free of sensitive interfaces. The subject site does not share a direct interface with a residential property and dwellings to the south and south west, on the opposite side of the laneway network, are either ‘‘non-confirming’’ or prohibited pursuant to the provisions of the Commercial 2 Zone. Nevertheless, the proposed development is designed to limit impacts to residential amenity as will be discussed at Section 5.5 of the report.

The proposal responds to strategic planning directives at the State and Local level in the following ways:

5.1 Preamble

5.2 Strategic Considerations

81-89 Queens Parade, Fitzroy North Contour Consultants Aust Pty Ltd 28 5 Planning Assessment

→ In accordance with Plan Melbourne, the proposal will improve access to jobs and services within an established area of Melbourne and it will support the local community by providing a mix of land uses with associated social and economic benefits.

→ The proposal is will result in a concentration of commercial

development next to identified activity centres and an urban renewal precinct at a location that is highly accessible to the community (Clause 11.01-2).

→ The architecture is thoughtfully considered and site responsive.

The development will make a positive contribution to the public realm, improve surveillance of the abutting streets and provide for equitable development opportunities having regard to the west interface (Clause 15).

→ In accordance with Clause 17 of the Planning Scheme, the

proposal will support economic growth by providing an appropriate mix of land uses that will support and encourage visitation to the area.

→ Given the location of the site close to the Brunswick and Smith

Street activity centres and within proximity to public transport networks, the proposal results in the integration of land use and transport so as to achieve efficient and sustainable communities (Clause 18).

From a local policy perspective, the proposal responds positively to the applicable provisions of the Municipal Strategic Statement, as follows:

→ The proposal will increase local employment opportunities.

→ The development will activate the public realm and improve passive surveillance of the abutting streets and rear lane.

→ The development will improve the appearance and vitality of

this section of Queens Parade and George Street replacing a non-descript warehouse building with contemporary architecture that engages with the street through its treatment of the ground plan, materiality and extensive landscaping.

→ The development will not unreasonably reduce the amenity of any adjoining property in the context of all adjacent properties being located within the Commercial 2 Zone.

o The proposal is consistent with the land use objectives

for commercially zoned land.

→ The proposal will help to maintain the long term viability of the precinct by adapting the land to meet current economic needs (Clause 21.04).

→ The proposal appropriately relies on existing access via a ROW

and crossover to Queens Parade


→ The site is easily accessible by public transport and will not strain the surrounding street network as detailed within the report prepared by Traffix Group (Clause 21.06).

For these reasons, the proposal represents a positive outcome having regard to strategic planning objectives.

As has been outlined, the proposed development comprises a combination of Supermarket, Office and Residential Hotel land uses consistent with the Commercial 2 zoning of the land. Both Office and Supermarket are section 1 permit not required uses at this location and serviced apartments are clearly compatible with the emerging mixed use precinct.

Although the draft Concept Masterplan does not apply to the subject site, it provides guidance about the future structure and role of the immediate surrounding area. A key land use strategy for the precinct is to deliver an integrated, sustainable and thriving urban village. According to the draft Concept Masterplan it will be a mixed use precinct with space for a school, open space and sports courts. The proposed uses are not only consistent with the existing zoning of the land but are also compatible with the future of the area as envisaged by Yarra Council and the Victorian Government.

Serviced apartments fall under the Residential Hotel land use category which is a Section 2 use pursuant to the provisions of the Commercial 2 Zone.

The serviced apartments will support the function of the nearby activity centres and the urban renewal precinct by providing a short term accommodation option for visitors to the area who are likely to be business people / tourists.

The use will not unreasonably affect the amenity of adjacent, more sensitive uses and the development is expected to improve safety in the area. For example that the entrance to the serviced apartment lobby is accessed from Queens Parade, away from residential properties to the south and provision is made to limit overlooking. Any noise or light spill associated with the serviced apartments will be acceptable in the context of adjacent properties being located within the Commercial 2 Zone.

Unlawful use of the building for the purpose of a permanent dwelling would be subject to planning compliance monitoring and enforcement.

5.3 Land Use Considerations


In assessing design and built form, Clause 15.01 of the Yarra Planning Scheme is relevant to the proposal. This section of the report will also address Clauses 22.07 relating to ‘Development Abutting Laneways’.

Clause 15.01-2 of the State Planning Policy Framework set outs urban design principles that are addressed in turn below.

Context

The subject site is a relatively large corner site with frontage to two Category 1 roads and a rear lane. It is adjacent to a designated urban renewal precinct and proximate to the Smith Street and Brunswick Street Activity Centres. The site presents an opportunity to develop the land for more productive purposes given its physical and strategic context. Indeed, there is a policy expectation that development of a moderate height can and should occur at this location.

Building heights in the vicinity range from single to five storeys but the physical characteristics and context of the subject site warrant a taller building at this location.

Firstly, land on the north side of Queens Parade in located within the Mixed Use Zone where there is no mandatory height control and there is also no height control within the immediate Commercial 2 precinct. It is an area where there is range of building heights and strategic work undertaken by the local and State governments contemplates development of a higher form to the east of the subject site.

The draft Concept Masterplan for the Fitzroy Gasworks site indicates that future development should be in the order of 6-10 storeys on the south east corner of Queens Parade and George Street and between 6 and 14 storeys on the north east corner of George Street and Alexandra Parade. The heights nominated under the draft Concept Masterplan recognise the strategic importance of the precinct in delivering new mixed development within an established area and the subject site possesses the same qualities.

In response to the emerging character context, the application proposes an eight storey development that addresses the prominent corner and recesses upper levels to articulate the building mass and achieve a comfortable pedestrian environment.

Public Realm It is expected that the development will significantly improve the public realm of the abutting streets and ROW and it will present an appropriate scale to the wider area of the Queens Parade boulevard. Having regard to the height of the five storey building base, it is expected that it will be comparable in height to the adjacent street trees and the development will be sympathetic to the boulevard quality of Queens Parade. Pedestrian entrances are incorporated at ground floor level from Queens Parade to the constituent uses and a landscaped forecourt with

5.4 Design and Built Form Considerations


views to the boulevard and street trees. Upper levels will extend over the forecourt to provide shelter. The ground floor plane is further activated through considered architecture and materials. This is demonstrated by the perspective drawings prepared by the project architect and provided at Section 4.10 of the accompanying Urban Context Report and at Figure 4.1. The landscape concept prepared by Jack Merlo Landscape Architects is an innovative response to a commercial building in an urban context. The combination of horizontal and vertical planting complements the architecture and, once established, will deliver a striking landmark building at this exposed corner. It is notable that each façade of the building has an architectural and landscape treatment and it will have an attractive appearance from all vantage points. Safety The proposed building incorporates upper level windows and balconies that will improve passive surveillance to street interfaces including the ROW. Landmarks, views and vistas No landmarks, views or vistas are affected by the proposal. Having regard to the local policy relating to ‘Landmarks and Tall Buildings’ at Clause 22.03 of the Yarra Planning Scheme, the profile and silhouette of this structure will add interest to the intersection of Queens Parade and George Street. Pedestrian spaces The proposed architectural design and façade treatment creates an attractive and engaging interface with the street, as previously discussed. Heritage

The proposal does not impact upon any heritage building fabric. It is noted that Schedule 93 to the Heritage Overlay applies to the street trees in the medians of Queens Parade in front of the subject site. It is expected that the proposal will not impact any of these trees given the separation distance. Otherwise, the nearest property affected by a heritage overlay is located on the opposite side of George Street at the intersection of Alexandra Parade. Light and shade The proposed shadow diagrams prepared by Cox Architecture demonstrate that the southern footpath of Queens Parade will not be affected by the development and George Street will receive sunlight in the morning. The massing of the building is also designed to limit shadow impacts to non-conforming dwellings to the south, within the Commercial 2 Zone.


Energy and resource efficiency The development proposes to incorporate a range of initiatives to achieve energy and resource efficiency. These are tabled in the report prepared by ADP Consulting and submitted with this application.

Architectural quality The architectural drawings prepared by Cox Architects, along with the schedule of materials, elevations and perspective drawings, illustrate that the development will achieve a high level of architecture and urban design.

It is otherwise noteworthy that the rooftop plant and lift over-run will be set back significantly from the abutting streets so as not to be dominant from the public realm. Landscape architecture As previously identified, the accompanying landscape plans prepared by Jack Merlo will make a generous contribution to the greening of this urban area. Development Abutting Laneways (Clause 22.07)

The subject site adjoins an unnamed laneway on its south side. With specific reference to the objectives of the local policy the following is of note:

→ Compared with the existing conditions, the development will improve safety for users of the laneway. Whereas the current development interfaces with the laneway with a series of high blank walls and a car park, the proposed use and development will activate the area and upper floor balconies will provide a sense of surveillance.

→ The development is setback from the laneway at ground floor level to provide two way vehicle movements. The Serviced Apartment floor levels are setback between 3.9 and 5.4 metres from the laneway and the office levels are further recessed. At this interface, the building will essentially present as three / four storeys with recessive upper levels and it will create an appropriate laneway environment.

→ The accompanying Traffic Report prepared by Traffix Group addresses the vehicle access and traffic related considerations associated with the proposed development including the context of the abutting laneway.

→ Space is set aside on site for the storage of waste bins and services. Furthermore, the application is accompanied by a Waste Management Plan prepared by Leigh Design that will be implemented to protect the amenity of the laneway which is a public resource shared with surrounding land uses.


North Fitzroy Gasworks Precinct Urban Design Framework

The UDF provides guidance about Council’s expectations for land use and development within the Gasworks Precinct.

In relation to building height it applies a preferred maximum height of 17 metres along both Queens Parade and George Street with an absolute maximum height of 20 metres which is equivalent to between five and six storeys. Additional height is permitted above the street frontage using upper level setbacks.

The proposed development complies with the preferred streetwall heights for Queens Parade and George Street. Specifically, the lower levels of the building (Ground to Level 4) are generally constructed to the street edge to a height of approximately 19.5 metres and the upper levels are setback to reduce visual bulk.

Even though the upper levels may be visible, an eight storey development at this location is justified especially taking into consideration the future built form profile of the Gasworks Site.

In response to other relevant guidelines under the UDF, the following is noted:

→ The proposal appropriately responds to Queens Parade with built form that will contribute to its significance as a formal boulevard through façade articulation and landscaping.

→ The access strategy includes service entry via the ROW and access the basement via Queens Parade. The traffic accompanying traffic report confirms that the street network can accommodate the proposed uses and the expected traffic conditions.

→ The development will integrate activity in the area with surrounding neighbourhoods, especially given the community function of the supermarket.

→ In addition to the supermarket, the office and serviced apartment levels will contribute towards meeting the strategic needs of the wider area.

→ The Queens Parade forecourt will deliver an open space area to meet local needs, improve amenity and usability.

→ The proposed architecture includes high quality architectural frontages with a sense of articulation, streetscape scale and rhythm in keeping with the boulevards’ width.

→ The proposal does not interfere with the Queens Parade medians, and it will protect street trees of heritage significance.


Offsite Amenity

As has been identified, the subject site is surrounding by properties within the Commercial 2 Zone. Properties to the west are used for commercial purposes and properties to the south west and south and either prohibited or non-conforming dwellings under the Commercial 2 Zone provisions. It is an accepted planning principle that residential amenity expectations need to be tempered against the purpose of the Commercial 2 Zone which does not include providing for residential use. Indeed, residential use is ‘‘prohibited’’, with caretaker’s house being the exception. If the protection of the residential amenity is elevated to a matter of primary or significant importance, this could stifle the proper development of the area for its primary purpose. Notwithstanding the above, Clause 22.05 of the Local Planning Policy Framework relates to interface uses and it provides guidance to manage potential conflict where there is a mix of land uses. At Clause 22.05-3, it is policy that:

→ New residential use and development in or near commercial centres and activity centres and near industrial uses includes design features and measures to minimise the impact of the normal operation of business and industrial activities on the reasonable expectation of amenity within the dwellings.

→ New non-residential use and development within Business and Mixed Use and Industrial Zones are designed to minimise noise and visual amenity impacts upon nearby, existing residential properties.

The proposal includes a residential component in form of serviced apartments. For reasons that have been given, the use is appropriate in this context and it will complement rather than inhibit the operation of business activities in the precinct and it will not give rise to unreasonable offsite affects. In response to the latter policy, the proposal includes measures to minimise noise and visual amenity impacts upon nearby, existing residential properties as follows:

→ Adequate upper level setbacks are proposed from the south boundary;

→ All facades, including the south and west elevations, have an architectural treatment and the development will present well where it is visible in both public and private domains.

→ Pedestrian entries to the constituent uses will be via the basement and Queens Parade and away from residential properties.

→ The accompanying Waste Management Plan will be implemented by the operator/s to ensure that waste collection is limited to suitable times and the loading area is appropriately managed and maintained.

The application is accompanied by a detailed shadow analysis prepared by

5.5 Amenity Considerations


Cox Architecture which shows that the development will cast some additional shadow across the secluded private open space of residential properties facing Napier Street and Alexandra Parade between 9am and 3pm at the equinox. The shadow moves from the west in the morning toward the east in the afternoon so that between 12pm and 3pm the majority of residential properties receive reasonable sunlight to the areas of secluded private open space. Given the Commercial 2 zoning of the land, which does not provide for residential uses, the proposal strikes an appropriate balance between providing for the protection of residential amenity and delivering an appropriate land use and built form outcome that is supported by the State and Local Planning Policy Frameworks and strategic work undertaken by the Council for the Gasworks Precinct. Internal Amenity (Serviced Apartments)

The layout, size and orientation of the serviced apartments will provide a level of amenity that is acceptable having regard to the short term nature of the use. In the accompanying SMP prepared by ADP Consulting, the following is noted:

As serviced apartments are not permanent dwellings they do not have the same need for high natural daylight in the bedrooms as a Class 2 apartment would… Thus, the project plans to utilise borrowed light in accordance with the following requirements outlined in the NCC 2016 Volume One to grant daylight access to the bedrooms:

→ Both rooms are within the same sole-occupancy unit

→ The glazed panels or openings have an aggregate light transmitting area of not less than 10% of the floor area of the room to which it provides light; and

→ The adjoining room has windows, excluding roof lights, that:

o Have an aggregate light transmitting area of not less than 10% of the combined floor areas of both rooms; and

o Are open to the sky or face a court or other space open to the sky or an open verandah, carport or the like.

It is also notable that guests of the serviced apartments will benefit from access to a conference room, business lounge and gym as well as amenities found within the surrounding area.


Traffic and Parking considerations are addressed in the report prepared by Traffix Group and submitted in support of this application.

In summary:

→ the proposed development has a statutory car parking requirement of 226 car spaces for the office and supermarket uses under Clause 52.06-5 of the Planning Scheme and the provision of 120 car spaces for these uses results in a shortfall of 106 car spaces.

→ car parking for the serviced apartments is to be provided to the satisfaction of the responsible authority, and the provision of 33 spaces for the serviced apartment use is considered acceptable.

→ the required reduction in parking for the office and supermarket uses is supported on the following grounds:

i. the site is located proximate to the Brunswick Street and Smith Street Activity Centres and is well served by public transport and alternative transport modes,

ii. staff without car parking will not be able to maintain a vehicle on-street given the local parking restrictions,

iii. the provision of parking for the supermarket falls within the range of typical supermarket demands,

iv. the site has historically been reliant on a level of on-street parking.

→ the proposed parking layout and access arrangements accord with the requirements of the Planning Scheme, AS2890.1:2004 (where relevant) and current practice,

→ the level of traffic generated as a result of this proposal is acceptable and will have limited impact on the operation of the surrounding network, particularly given that the proposal will generate limited additional traffic to the intersection of George Street/Alexandra Parade in the AM peak hour, when that intersection currently experiences its highest traffic demands

→ bicycle parking is provided in excess of the requirements set out at Clause 52.34 of the Planning Scheme,

→ the loading bay requirements for the supermarket is provided in compliance with Clause 52.07, and

→ there are no traffic engineering reasons why a planning permit for the proposed mixed use development at 81-89 Queens Parade, Fitzroy North, should be refused, subject to appropriate conditions.

5.6 Traffic Engineering Considerations


A Sustainable Management Plan has been prepared by ADP Consulting and it accompanies this application. It provides a summary of ESD initiatives including a BESS Assessment, PV and stormwater calculations.

The report outlines that the proposed development will achieve ‘‘excellence’’ in stormwater quality and ‘‘best practice’’ in water and energy efficiency and indoor environmental quality. Notably, provision is made for a renewable energy source in the form of a rooftop photovoltaic panel array. Overall, the development satisfies sustainable design objectives set out under Clause 22.17 of the Yarra Planning Scheme.

A Waste Management Plan (WMP) prepared by Leigh Design accompanies the application. It sets out that a private contractor will be engaged to collect waste utilising bulk bins from the rear loading bay.

Waste management systems include:

→ Internal receptacles in apartments/work/amenity areas.

→ Tenancy receptacles at internal areas.

→ Serviced Apartment Bin Store at Basement 2.

→ Office Bin Store at Basement 2.

→ Supermarket Bin Store at Ground Level.

→ Collection bins (kept within the Bin Stores - refer to Table 2).

The WMP includes initiatives for noise minimisation, litter reduction, hours for waste collection under Council’s Local Law and a range of other amenity initiatives that will be implemented as part of the development.

5.7 Environmentally Sustainable Design

5.8 Waste Management


6

6 Conclusion

The proposal achieves an appropriate planning outcome for the following reasons:

→ The proposal responds to strategic planning policy directives at the State and Local level relating to settlement, economic development and integrated transport.

→ The proposal is consistent with the relevant objectives of the Local Planning Policy Framework as contained within the Yarra Planning Scheme.

→ The proposal is consistent with the Council’s adopted North Fitzroy Gasworks Precinct Urban Design Framework and it will be compatible with future development of the Gasworks Site as envisaged under the draft Fitzroy Gasworks Concept Masterplan.

→ The design is site responsive, taking into consideration the specific conditions of the land, the immediate interfaces and the broader strategic and physical context.

→ The building will make a positive contribution to the existing and emerging character of the area which includes higher density residential and mixed use developments.

→ The proposed ‘‘Serviced Apartments’’ are appropriate in the context of sites adjacency to activity centres and the future Fitzroy Gasworks urban village. The use will not unreasonably impact upon the amenity of any adjacent property.

→ The proposed ‘‘Office’’ and ‘‘Supermarket’’ land uses are as-of-right in the Commercial 2 Zone and are therefore actively encouraged at this location.

→ The proposed development will not unreasonably impact upon the amenity of any adjacent property by way of overshadowing, overlooking or any other way.

→ The proposed car parking and access arrangements are acceptable.

→ The proposal includes sustainable design and stormwater management initiatives that will be implemented as part of the development.

→ The proposal encourages sustainable transport use and provides an appropriate level of car and bicycle parking.

→ The proposal makes appropriate provisions for waste management.

PO Box 1040 Level 1⁄283 Drummond Street Carlton Victoria 3053

Telephone 03 9347 6100 [email protected] contour.net.au

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Town Planning and Urban Context Report 81-89 … Introduction This report is prepared on behalf of...

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