central city standing advisory committee officer's report ... · central city standing...

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Central City Standing Advisory Committee

Officer's Report- Approval Form

Application No. 20091004 752

Application Address 245-263 City Road, Southbank

Document Numberls

Case Officer

Committee Meeting date 19 October 2010

DPCD

Name

Signature

Date \2 I \0 I Zot 0

City of Melbourne

Name

Signature

Date ~ I /o

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JDJJPCD Planning Report 245 -263 City Road, Southbank

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1 AIPJlPLIICATION lFOR PLANNJIN<G JP'JERMIIT: I US ·•· 263 Cfll1{ ROAD, SOliiT!fmANK

Application Number:

I Proposal:

2009/004752

Use and development of the land for a mixed-use multistorey building comprising of dwellings, ground floor retail (excluding hotel, tavern and/or gambling premises), and a variation of the Design and Development Overlay (Schedule 39) provision

I • ! Applicant: Salvo Group Pty Ltd

· Responsible Authority

Zoning:

Overlays:

Existing Use:

Number of Objections:

Recommendation:

PROPOSAL

C/- SJB Planning Pty Ltd

Minister for Planning

Mixed Use Zone (MUZ)

Design and Development Overlay • Schedule 18 (Southbank. Plot Ratio) • Schedule 39 (Southbank. <;entrallnterface)

Land Subject to Inundation Overlay (LSIO)

·Low level commercial

Two(2)

Notice of Decision to Grant Permit subject to conditions (Attachment 1)

1. Planning Application 2009/004752 was submitted on 25 November 2009 seeking approval to demolish the existing buildings and construct a residential tower development at 245-263 City Road, Southbank. The development is to be constructed in two stages, known as the east and west towers which measure 46 storeys (148 metres) and 51 storeys (151 metres from the site frontage 71 metres) respectively (including plant) and comprise of786 apartments, and 1,116m2

of ground floor retail premises (to be used as cafes, restaurants and/or shop). The total gross floor area is 29,038m2

. The podium of the development includes a vertical garden to City Road and Clarke Street and communal facilities to the roof of the podium. The development provides 399 car spaces, 444 bicycle spaces, imd loading facilities all accessed from Catherine Street.

2. There is a mix of apartment layouts within the development, which generally comprise: studios; one bedroom; two bedroom + 1 bathroom; two bedroom + 1.5 bathroom; 2 bedroom + 2 bathrooms and three bedroom apartments.

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DPCD !Planning Report 245 -263 City Road, Southbank

3. The staging of the development will allow for the existing building on the Crazy John's site to be retained and for its use to continue whilst Stage 1 is being developed. On the commencement of Stage 2 the Crazy John's building will be demolishe<f.

4. The application was amended under section 57 A of the Act on 26 August 2010 to substitute plans which show increased tower setbacks and modifications to the building envelope to address wind impact. It is noted that the application has also been amended to delete reference to the reduction to the car parking requirement which was reyised as a part of Amendment C 133, gazetted on 25 March 2010, after notification was given.

5. Informal plans were substituted on 5 October 2010 to address ongoing concerns. The changes included: • Increased setbacks to Clarke Street to 5.3 and 6 metres excluding the central unit which is

setback 2 metres and the central apartment is removed at a height greater than 110 metres; • Deletion of the projecting fms; • Deletion of the voids between the two elements of the tower; • Reduction in the recess of the envelope between stages 1 and 2; • The reduction in the overall width of the building to approximately 45 metres to City Road )

and 49 metres to Catherine Street.

SITE AND SURROUNDS

6. The site is located on the north-eastern comer of City Road and Clarke Street, with a combined site area of 2, 7 40 square metres and frontages of approximately 65.7 6 metres to City Road, 28.25 metres to Clarke Street and 59.25 metres to Catherine Street. Location Plan below.

7. The subject site comprises two lots, known as 263 City Road (on the comer of Clarke Street) and 245 City Road, Southbank (Allot. 1 Sec. M City of South Melbourne, Parish of South Melbourne and Plan CP167910). City Road runs north east to south west from St Kilda Road through to South Melbourne.

8. The site at 263 City Road is currently occupied by a double storey building that is built to its three street frontages, with a crossover and garage located at the rear of the site fronting Catherine Street. At 245 City Road, the 'Crazy John's' building is built to the City Road street alignment, with a major promotional sign sitting above the building envelope. Car parking for that site is accessed from two crossovers fronting Catherine Street, with an open at grade parking area.


DPCD Planning Report 245 -263 City Road, Southbank

BACKGROUND I PREVIOUS APPROVALS

9. Permit 2001/179 was issued on 25 February 2002 at the direction of the Victorian Civil and Administrative Tribunal for 'demolition of existing buildings and use and development of a building for the purpose of retail premises, dwellings and associated car parking in accordance with the endorsed plans". The permit affected the property at 245-261 City Road and did not include the property on the comer of Clarke Street, known as 263 City Road. The approved envelope included a 34 storey (approximately 107 metres in height) residential building with ground floor retail and a 5 metre tower setback to all boundaries above the podium. This permit expired on 25 February 2009.

PLANNING CONTROLS

10. Within the Mixed Use Zone (MUZ), Design and Development Overlay- Schedules 18 (Southbank Plot Ratio) & 39 (Southbank Central Interface) and Land Subject to Inundation (LSIO).

Zone

11. The purpose of the Mixed Use Zone is: • To implement the State Planning Policy Framework and the Local Planning Policy

Framework, including the Municipal Strategic Statement and local planning policies. • To provide for a range of residential, commercial, industrial and other uses which

complement the mixed-use function of the locality. • To encourage residential development that respects the neighbourhood character.

12. Under Clause 32.04-1 a permit is required for the use of the site for retail premises, under Clause 32.04-5 a permit is required to construct two or more dwellings on a lot, and under Clause 32.04-7 a permit is required to construct or carry out works for a use in section 2 of Clause 32.04-1. No permit is required for the use of the site for dwellings. The application is not exempt from notice and review rights. Decision guidelines and application requirements are at the corresponding clause numbers specified above.

Overlays

Design and Development Overlay

13. Under Clause 43.02-2 (DDO) a permit is required to construct a building or construct or carry out works unless a schedule specifies otherwise. The schedules specify the following: • Schedule 18: specifies a plot ratio of 2:1 for commercial uses on site. A permit is not required

to construct or carry out works if the requirements of the schedule are met. As the application does not include commercial uses exceeding two times the site area, no permit is required under this DDO;

• Schedule 39: specifies a discretionary height and setback control including an overall height of 100 metres, a podium of 16-28 metres, setbacks of 6 metres to all major streets, and a tower separation of 24 metres from an adjoining tower of similar height. As the proposal does not meet these requirements, a permit is required.

14. Schedule 39 does not exempt buildings and works from notice and review rights. Decision guidelines are at Clause 43.02-5.

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DPCD Planning Report ... \I J l I 1 -

245 -263 City Road, Southbank

Land Subject to Inundation

15. Under Clause 44.04-1 a permit is required to construct a building or to construct or carry out works. Under Cla'!lse 44.04-4 an application is exempt from the notice and review rights. Under Clause 44.04-5 an application must be referred to the relevant floodplain management authority (Melbourne Water) under Section 55 of the Act. Decision guidelines are at Clause 44.04-6.

Particular Provisions

16. Car Parking: Under Clause 52.06-6 a parking precinct plan affects residential development in specific inner city areas of Melbourne which includes the subject site. The Schedule to this Clause specifies a maximum of 1 car parking space per· dwelling. The provision of 409 car spaces on site is below the maximum allowed under the schedule; therefore no permit is required.

17. Loading and Unloading of Vehicles: Under Clause 52.07 a permit is required ifloading and unloading of commercial vehicles cannot be provided. As the development includes a loading area that meets the design requirements, no permit is required under this provision.

18. Bicycle Facilities: Under Clause 52.34-1 a new use must not conunence until the required bicycle facilities and associated signage has been provided on the land. The standard requires the provision of235 spaces. The application provides for 434 spaces; therefore no permit is required.

19. Urban Context Report and Design Response for Residential Development offour or more storeys: Under Clause 52.35-1 an application for a residential development of four or more storeys must be accompanied by an urban context report and design response. Under Clause 52.35-3 the responsible authority must inform the applicant in writing before notice of an application is given that the urban context report meets the requirements of Clause 52.35-2. A letter was sent confirming the above on 15 March 2010.

20. Integrated Public Transport Planning: Under Clause 52.36-1 an application must be referred in accordance with Section 55 of the Act to the Director of Public Transport for a residential development comprising 60 or more dwellings or lots.

General Provisions

21. Decision Guidelines: Under Clause 65.01 before deciding on an application the responsible authority must consider as appropriate a number of matters, including Section 60 of the Act.

22. Referral and Notice Provisions: Under Clause 66.03 an application must be referred to the person or body specified as the referral authority (Clause 44.04-4 Land Subject to Inundation Overlay, Melbourne Water as the Relevant Floodplain Management Authority).

POLICY FRAMEWORK

State Planning Policy Framework (SPPF)

23. The following policies within the SPPF are relevant:

• Clause 11 .04-5 (Melbourne's Urban Growth) seeks to set clear limits to Metropolitan Melbourne's urban development. Strategies include managing outward expansion, facilitating the achievement of a compact city, including the consideration of current population projections, and longer-term urban growth issue such as economic and employment opportunities. Policy guidelines include Melbourne 2030 and Melbourne @ 5 Million.


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il:D"JPC]]J) Pla111ning Report j I~ ·'


0 Clause 15 (Built Environment and Heritage) seeks to ensure all new land use and development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value. It is also about creating quality built environments which support the social, cultural, economic and environmental wellbeing of our communities, cities and towns.

o Clause 15.01-1 (Urban Design) seeks to create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity. Clause 15.01-2, Urban Design Principles, encourages development that provides architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties. Developments are considered against design principles including: context, the public realm and safety; landmarks, views and vistas; pedestrian spaces; heritage; consolidation of sites and empty site; light and shade; energy resource efficient; architectural quality; landscape architecture.

• Clause 15.02 (Sustainable Development) seeks to encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhou·se gas emissions.

• Clause 16 (Housing) encourages opportunities for increased residential densities to help consolidate urban areas.

• Clause 17 (Economic Development) seeks to encourage development which meets the communities' needs for retail, entertainment, office and other commercial services and provide net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities.

• Clause 18.01 (Integrated Transport) seeks to create a safe and sustainable transport system by integrating land-use and transport. Strategies include concentrating key trip generators such as higher density residential development in and around Central Activities Distri~ts, Principal, Major and Specialised Activity Centres on the Principal Public Transport Network.

• Clause 18.02-2 (Cycling) seeks to integrate planning for cycling with land use and development planning and to encourage cycling as an alternative mode of travel.

) Municipal Strategic Statement (MSS)

24. Clause 21.03-1, Vision for Melbourne is for it to be a thriving and sustainable City that simultaneously pursues economic prosperity, social equity and environmental quality. The Vision says:

The key to achieving Council's vision is the recognition that different parts of the municipality have to be managed differently and that development potential varies markedly. There is a mixture of activities and built form throughout the City and understanding the local context of a proposal is the key to understanding whether or not a proposal is acceptable.

25. Clause 21.04 sets out objectives for 'housing opportunities' and for the 'contribution of residential development' as follows:

Figure 5 indicates the different areas where housing opportunities are identified. Within the municipality, Docklands, Southbank (north of City Link) and the Central City will over the next ten years be areas that accommodate the most significant population growth

and


DPCD l'Ranning Report ' I ~


Residents are central to the vitality and liveability of the City. More people living within the City leads to an increase in, and diversity of, activity throughout the day and night, enhances safety, and ensures efficient use of services and infrastructure. Increased residential development contributes to the overall urban consolidation objectives outlined within the State Planning Policy Framework.

26. Clause 21.08 sets out the implementation strategies that relate to particular neighbourhood areas and precincts within the municipality. Clause 21.08 at Figure 14 identifies that the site is located within the Southbank: area. The Vision for Southbank reads:

Southbank continues to develop as an inner city neighbourhood providing opportunities for a mix of housing at different densities and scales. Careful planning has facilitated the provision of services and facilities to support the resident, · workers and visitor populations. Appropriate commercial and service businesses support the growing residential population.

Arts and cultural facilities continue to strengthen in Southbank and public and retail uses at ground level support street life and provide pedestrian interest. A quality public environment has been achieved, in particular there is a high quality pedestrian environment.

The built form of the Central City extends into the area of Southbank north of City Link with towers being the major form of development. South of City Link and east of Moore Street, a lower building scale has occurred. This has been because of the impacts of the City Link Exhaust Stack located in Grant Street and the need to maintain the visual prominence of the Shrine of Remembrance and Arts Centre Spire. A pedestrian friendly scale is evident in the Southbdnk Village.

Building design and public works have made a positive contribution to the public realm, pedestrian amenity and networks, and ensure equitable access to outlook and sunlight for residents.

27. Under the heading 'Housing and Community in Southbank1, includes the strategy to:

• Support residential development in. the area north of City Link, south of the Central City and west of the Arts Centre (identified as [1,2} at Figure 14). In this area, increased residential densities are encouraged with lesser proportions of/ower density commercial development that supports the Central City and Dock/ands.

28. The implementation strategies for the Central City also go on to reinforce the key vision at Clause 21.03 of understanding local context and recognising differences throughout the municipality. Under land use and built form headings, the following implementation strategies apply: .

10ffice and commercial use in South bank': • Support the ongoing operation and establishment of businesses that provide professional and

business support services to the Central City in the Mixed Use Zones of Southbank.

' Structure and character in Southbank' : • Ensure that new tall buildings add architectural interest to the city 's sky line. • Ensure tower buildings are well spaced and sited to provide equitable access to an outlook

and sunlight for all towers. • Encourage building towers to orientate in line with the radial street pattern of Southbank. • Encourage high rise tower development in the Mixed Use Zone to the north of City Link and

west of Moore Street (identified as [1} as Figure 14).



'The Public Environment in Southbank': • Ensure all new development creates a high quality pedestrian environment and p ositively

enhances the area's public realm. • Improve the public environment of South bank by providing public spaces, improving

pedestrian facilities and upgrading streetscapes. • Improve streetscapes as a priority along major pedestrian routes. • Strengthen pedestrian and cycle connections between Southbank and the Central City and

South Melbourne. • Encourage a mix of public and commercial uses at ground level in new developments to

support street life and provide pedestrian interest. • Encourage a continuous network of through block links to increase permeability, amenity

and safety and to improve access to the Yarra River and the Arts Precinct.

Local Planning Policy Framework (LPPF)

29. The following policies within the LPPF are relevant:

• 22.02 (Sunlight to Public Spaces) requires that development not cast additional shadows between ll.OOam and 3.00pm at the equinox (22 September and 22 March) that would prejudice the amenity of public spaces.

• Clause 22.17 (Urban Design Outside the Capital City Zone) identifies that the valued aspects of the City's character should not be lost through redevelopment and where the built form character of an area is established and valued, new development must respect this character and add to the overall quality of the urban environment. The policy includes policy objectives addressing Scale, Context, Building Height, Building Bulk, Large and Prominent Sites, Street Level Frontages, Fronts and Backs of Buildings, Building Tops, Visible Facades and Blank Walls, Pedestrian Connection and Vehicle Access, Building Projections, Protection from Wind and Rain, Landscape, and Access and Safety in Public Spaces.

Reference Documents

30. The following documents were considered:

• Design Guidelines for Higher Density Housing - DSE 2 Oq4.

This document provides advice to about what constitutes best-practice in higher density housing. The guidelines apply to buildings of four storeys and above and cover aspects including height, neighbourhood character, street setback, open space, overlooking and overshadowing. Planning and responsible authorities must have regard to the Guidelines in assessing the design and built form of residential development of four or more storeys (Clause 19. 03 of the State Planning Policy Framework).

• Draft South bank Structure Plan, City of Melbourne, 2010

The proposal supports the draft Plan by creating a step-change environment at this comer. The current pedestrian experience is poor. The proposal provides further built form activation of City Road, Clarke Street and Catherine Street and provides weather protected active frontages that will operate over the extended day (page 22).

• Southbank Plan, 2007

The proposal is consistent with this Vision (page 22) as it provides 'central city housing' , 'good quality architecture', ' improves the public environment' from existing and is 'environmentally sustainable in its design'. The proposal also supports the key principles of the Plan including providing high quality built form (page 21). ·


IDJPCD JPiannimg lReport 245 -263 City Road, Southbank

NOTIFICATION ' '

31. Under the provisions of the Mixed Use Zone and Design and Development Overlay- Schedule 3 9 the proposal is subject to notice requirements of Section 52 (1) (a), (b) and (d), the decision requirements of Section 64 (1 ), (2) and (3) and the review rights of Section 82 (1) of the Act. It is noted that the application is exempt from the notice and review requirements under the Land Subject to Inundation Overlay.

32. The applicant was directed to give notice on 15 March 2010 to the owners and occupiers of the abutting properties were given notice under section 52 of the Planning and Environment Act 1987 (the Act). Signs were erected to the City Road, Clarke Street and Catherine Street frontages · and a copy of the notice (From 2) was published in the Melbourne Times and the Age for one issue.

33 (2) objections were received. One the other from the City of Melbourne.

34 the following: !uaHal<;'-!,L!v!>u impacts,

• Geotechnical issues associated with construction, • Overshadowing/ reduced solar access, • Visual privacy, • Impact of existing ftre station on new residents, • Overdevelopment of the site, and • Structural concerns.

35. The City of Melbourne raised the following:

• The proposed height is greater than the discretionary height and is considered to be inconsistent with the design objectives. DD039 requires a built form outcome that requires: 'Higher development which ensures adequate solar penetration at street level by provision of upper level setbacks, tower spacing and orientation '.

• It is considered that the proposed height will have an overbearing impact, representing an overdevelopment of the site that will visually overwhelm the surrounding streets and offer poor access to sunlight and solar penetration at street level.

• The proposal also seeks approval for side setbacks of approximately 6.0 metres. Shadow studies show that a building of this height and breadth with minimal side boundary setbacks leaves only a very slender patch of sunlight between the tower on the subject site and the tower on the site to the east at 2.00pm on 21 September. At all other times in September the shadows of the towers combine. This would be less of an issue ifthe shadow from the tower on the subject site were not so wide and the setback increased from the title boundaries were to be increased.

• Council's Urban Design Branch do not support the proposal and noted that the applicant has not provided any strategic justification for the increased height or reduced side setbacks.

36. Under Section 57B of the Act, if an application is amended, the responsible authority must determine whether to give notice of these changes. The substituted plans submitted on 26 August 201 0 generally reduce the size of the envelope and attempt to address the concerns raised by the

. objectors; therefore it is considered that notification of these changes is not warranted.


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DPCJI) lP'lanning Report 245 -263 City Road, Southbank

REFERRALS

37. Under Section 55 of the Act the Director of Public Transport was referred the application and on 22 January 2010 provided written confinnation that it did not object.

38. The application was referred to Melbourne Water pursuant to the LSIO. A response was received on 23 December 2009 requesting further information. A further response was received on 17 March 2010 stating they had no objection subject to conditions.

39. The application was referred to the City of Melbourne under section 52(1 )(b) of the Act. Officer level comments only have been provided where the City of Melbourne object to the proposal as outlined above.

40. DPCD's Urban Design Unit were referred the application and were generally supportive of the proposal subject to conditions on any permit. Further details are discussed in the assessment section below.

ASSESSMENT

41 . The application has been assessed against all relevant policies within the Melbourne Planning Scheme. The key issues worthy of discussion are: • State planning policy and MSS compliance o Design, Built Form and Urban Context • Environmentally Sustainable Design (ESD) • Wind Assessment • Car parking, bicycle parking and loading • Objections

State planning policy and MSS compliance

42. The proposed development is considered to respond appropriately to State planning policies, in particular by providing housing choice and diversity in a centrally located area supported by existing infrastructure and public transport. The proposed development is considered to respond appropriately to Local planning policies, including the Municipal Strategic Statement (MSS). The proposal is consistent with the strategic intent for this area of Southbank (Clause 21.08) which indicates that increased residential density and high rise development is to be encouraged. Southbank is projected to experience a significant population increase by 2011 and the proposal will provide residential dwellings to respond to this projected population increase within the area.

43. Clause 21.05 outlines built form principles to reinforce the existing structure of the city, to manage built form change and ensure built form change is consistent with the identified future character of the various precincts of the city. The clause makes a direct connection between managing built form and amenity to ensure liveable, high quality urban environments. The subject site is within an area of Southbank that has been identified in Clause 21.05 of the Scheme as an area were substantial change to the built form character is envisaged. Further commentary in relation to urban design/ heritage policy and principles are provided through the assessment below.

Design, Built Form and Urban Context

44. The proposal is generally in accordance with the purpose of the Mixed Use Zone - in particular it promotes residential development that respects neighbourhood character.


DlPCD lPH:il!mling lRepoll"t 245 -263 City Road, Southbank

45. This area of Southbank is characterised by a mixture of uses and forms of urban development including larger apartment style towers, into which the proposal comfortably sits. The DPCD Urban Design Unit are generally supportive of the form and have commented: "Whilst higher than the discretionary height control of 100 metres, the tower heights are not inconsistent with surrounding examples and other recent approvals".

46. The application has been assessed against Clause 22.17 (Urban Design outside the Capital City Zone) and Schedule 39 to the Design and Development Overlay (DD039), which reinforces the built form principals of the Scheme. The application was accompanied by a site analysis and urban context report which outlined how the development met the design objectives ofDD039. DD039 emphasises key objectives which further informs and adds detail to the direction given by local policy. The objectives relate to promoting high rise and high density whilst ensuring a high quality built form.

47. Tribunal decision (Pll73/2010 dated 30 August 2010) regarding the redevelopment of70 Southbank Boulevard makes reference to the interpretation of DD039 at paragraphs 4 and 5 that:

'Unlike many height based Design and Development Overlays (DDOs) across the State, DD039 which applies to this part of Southbank does not specify either a maximum height or a preferred maximum height. As a result of Amendment C122 gazetted on 10 June 2010, buildings below 100 metres in height (and achieving specified minimum setbacks) do not require planning approval under DD039.

Provided the design objectives, built form objectives and local policy requirements are achieved (including consideration of such matters as specific site context, off-site impacts, car parking requirements and traffic implications) then there is no l!mit in how high buildings may be and the DDO does not suggest a preferred or maximum height'.

48. The proposal is approximately 141 and 170 metres in height (including plant) and provides setbacks less than the minimum, which is a departure from the suggested height in DD039 of 100 metres and setback of 6 metres from street frontages and 24 metres from an adjoining tower of similar height. There is justification for a departure from the suggested height and setbacks due to its compliance with the design objectives, built form outcomes and local policy requirements. A response to each is as follows:

Design Objectives To provide for appropriate spacing between buildings so as to maximize light, air and outlook.

To create a high quality mixed use

Response The setback to the proposed neighbouring property at 241-243 City Road has been considered. The setback suggested in DD039 (for towers over 40 metres) is 24 metres. If the neighbouring site is developed according to the approved plans (permit 2009/1 090) the separation between the two towers averages 10 metres for the majority of the common boundary, with one 'pinch point' of 7 metres (at Level 9) due to the irregularity of the sites shape. Whilst the proposal does not provide for 24 metres as sought, the separation is considered to provide appropriate spacin'g between these buildings so as to maximise light, air and outlook, and ensures that the new development respects the development potential of the adjacent site on the corner of Catherine and Moray Streets.

The proposal incorporates retail tenancies to all three

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'downtown' area with a high level of pedestrian amenity.

To encourage high rise and high density residential development mixed with low density commercial development to complement and support the function of the city and service the local area.

To ensure that the design ofnew development respects the development potential of adjacent sites.

To encourage exemplary architecture and innovative building design.

) To orientate buildings to complement and respond to the unique Southbank streets system.

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To maintain the visual dominance of and key views to the Arts Centre Spire from St Kilda Road and from the south along Sturt Street.

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street frontages at ground floor and dwellings within the podium to City Road. The proposal is considered to provide passive activation and surveillance opportunities. The proposed vertical garden to screen the car parking within the podium to City Road and Clarke Street is also considered to provide visual interest. The inclusion of apartments within the podium also allows the future conversion of these areas.

The development will allow a high rise and high density residential development mixed with low density commercial development to complement and support the function of the city and service the local area.

Consideration of the building design including its offsets from common boundaries has been considered. The proposed separation of the proposal and the development at 4-16 Moray Street & 241-243 City Road (permit 2009/ 1 090) averages 10 metres for the majority of the common boundary, with one 'pinch point' of 7 metres (at Level 9) due to the irregularity of the sites shape.

The development potential of the adjacent site on the corner of Catherine and Moray Streets has also been given where, with the separation of the laneway; provides a tower offset of a minimum of 10 metres.

The proposal provides an appropriate design response on site. The quality of the proposed architecture is comparable to other approvals within Southbank.

It will promote good quality architecture and innovative building design and the building is orientated to complement and respond to the Southbank streets. It will contribute to the high quality mixed use 'downtown' area ofSouthbank.

The site is irregular in shape, and the tower is considered to appropriately response to this, and the streets, however is considered to be constructed too close to City Road at the western end of the development. Proposed conditions include reference to the plans substituted which increase setbacks, and additional setbacks to the 'pinch point' along City Road to achieve a minimum 5 metre setback.

Not applicable.

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Jll!?CD Planning Report 245 -263 City Road, Southbank

Built Form Outcomes Response Higher tower buildingforms at With regard to the specified minimum height and street intersections and other setbacks within the Table of the Schedule, it is noted landmark sites which improve that this is not a mandatory height control, and there is legibility of the urban form. a 160 metre preferred height control on the opposite

side of City Road. It is reasonable to allow a degree of flexibility in assessment of tower developments in a city, particularly in an area that promotes high density buildings and where the objectives of the overlay control have been met.

Tower developments that are well The tower is setback an average of 6 metres from spaced to equitably distribute Catherine Street, a minimum of 2 metres from Clarke access to an outlook and sunlight Street and a varying setback of 1.5 to 6.165 metres to between towers. City Road.

The proposal provides a tower spacing averaging 10 metres from its neighbour at 4-16 Moray Street & 241-243 City Road. With regard to access to outlook and sunlight between towers, the proposal is considered to address this through .floor layout to avoid direct views and to orientate the apartments to the. street frontages where possible.

Given the orj.entation of the site and with the approval at 4-16 Moray Street & 241-243 City Road, shadowing to the site occurs and to City Road would be an existing condition.

Higher development which ensures An analysis of the shadowing diagrams provided with adequate solar penetration at street the application show that City Road is cast in shadow level by provision of upper level for the majority of the morning period. This would setbacks, tower spacing and occur (!Ven with the podium and tower configuration if orientation. built to the requirements ofDD039 as the additional

shadowing falls to Clarendon Street. The proposal, with additional modifications is considered to provide an appropriate podium height, tower setbacks and setbacks from adjacent towers to allow for adequate solar penetration at street level.

49. Beyond the consideration ofDD039, there is supporting policy for intensification and urban consolidation within State and local planning policy in the planning scheme.

50. The site is located in a broader area where there are numerous buildings of comparable scale such as Eureka Tower (300 metres high) and Freshwater Place (comprising two towers of 200 metres & 207 metres). ·

51. The Minister for Planning has recently approved a number of permits for residential towers in the surrounding area that are in excess ofthe discretionary 100 metre DD039 height limit including: • 70 Southbank Boulevard (Permit 2009/0983) issued 21 April2010 (70 storeys/226 metres

mixed use high rise, and confirmed by the Tribunal on 30 August 2010); • 133-135 & 137-139 City Road (Permit 2008/0734) issued 31 October 2008 (120 metre high

residential/ residential hotel tower);


DPCD lPlanning IRep3rt 245 -263 City Road, Southbank I •

o 110-120 Kavanagh Street (Permit 2007/0539) issued 5 February 2007 (113.6 metres high residential tower);

o 4-16 Moray Street & 241-243 City Road (Permit 2009/1090) issued 4 November 2009 (42 storeys/130.36 metres high); and

• 269-283 City Road, Southbank (Permit 2007/0624) issued 11 April2008 (124 metres high residential tower).

52. Local Policy 'Sunlight to Public Spaces' requires that development not cast additional shadows between 11.00am and 2.00pm at the equinox that would prejudice the amenity of public spaces. An analysis has been carried out by the permit applicant and indicates that additional shadowing will occur to surrounding properties and streets. Given the overall height of the proposed building (significantly taller than the existing building on site), increased overshadowing is inevitable. Notably however the development does not increase shadowing to any notable public spaces such as parks or gardens. The increase in therefore considered to be acceptable.

Reference Documents

53. The architects have successfully achieved the high standard of architecture and urban design sought from the policy and objectives expressed in the Housing DSE 2004 so as to ensure that residents can li appropriate levels of internal and external amenity. Within 1s a requirement to provide adequate storage. It is considered appropriate to place a condition which requires the inclusion of storage cages in the car parking area.

54. The Draft Southbank Structure Plan 2010 has been prepared by the City of Melbourne and has been placed on exhibition for public comment. The subject site is identified in the report as a 'medium to long term development site' and having 'no constraints on them other than ownership and tenancy agreements'. It is considered that the proposed development generally complies with the overall intent of the plan, excluding the overall height and above ground car parking, however it is noted that the plan is in draft format and subject to change.

55.· Under Melbourne Planning Scheme Amendment C162 the Municipal Strategic Statement (MSS) is being reviewed. The draft MSS is currently on exhibition. The site is identified as being within an 'Urban Renewal Area' and it is considered that the proposed development satisfactorily addresses the key objectives of Clause 21.03 (Integrating Transport With Land Use and Development), 21 .04 (Integrating Public Realm and Private Realm) and 21.06 (Land Use Amenity and Diversity), however it is noted that the statement is subject to change.

Environmentally Sustainable Design (ESD)

56. The applicant submitted a Sustainable Statement produced by Ark Resources. The assessment of the application has been undertaken with STEPS, STORM and FirstRate tools. Sustainable design initiatives and systems range for the initial design stage to post development and includes sustainable design features; building energy management; water management; sustainable transport (Green Travel Plan); materials and waste management; and implementation, management and monitoring. The report demonstrated that the proposed development exceeds the standard of the building envelope energy efficiency required to satisfy the Building Code of Australia.

57. While this is a good standard of achievement in relation to ESD, insufficient detail has been provided in the report and accordingly this matter is addressed by a condition of the permit.


JI)JPCD> JPaananing Report 245 -263 City Road, Southbank

Wind Assessment

58. A full wind assessment carried out by Mel Consultants was provided by the applicant. It concluded that the wind conditions at the corner of City Road and Clarke Street exceed the criterion for walking comfort and recommends the introduction of a dense canopy of street trees to alleviate this condition. These trees would require time to become established (assuming these can grow in possible windy conditions) to provide the ameliorating impact anticipated. Further reliance on street trees transfers the long term responsibility for wind mitigation onto the City of Melbourne. The City of Melbourne indicated that they .cannot guarantee that the street trees will be retained and maintained into the future. As a result of this, a revised full wind assessment has been carrieq out and the plans have been modified including: the deletion of two apartments at Level 8 to the Clarke Street frontage above the podium to create a wind break; introduction of vertical fill-in panels to the northern and western edges of the podium; the porosity of the car park fa9ade to be 75% porous; a 4 metre high no-go zone to the corner of Clarke Street and City Road with a setback of 4 metres along Clarke Street and 6 metres along City Road, any support structure within this areas should provide at least a 3 metre clear gap from the building face; and the addition of a wind break feature, at least 1.7 metres high and greater than 50% porosity. The details of the wind amelioration measures, particularly at ground floor require further clarification, this can be conditioned.

Car parking, bicycle parking and loading

59. The location of the car park levels is appropriate and typical of Southbank developments where the ground conditions (i.e. Coode Island silt) do not easily permit basement levels.

60. Consideration has been given to Clause 52.06 - Car parking and C lause 52.34 Bicycle parking. A traffic engineering report prepared by TTM Consultants (Vic) Pty Ltd consultants was submitted with the application. The report indicates that there is a suitable road capacity to accommodate the extra flow and the car parking provision is suitable. The findings are generally supported although it is noted it was prepared when the minimum parking rates applied and the policy has since changed with the gazettal of Amendment Cl33. The City of Melbourne expressed concerns regarding the layout and details of the car park, and this has been addressed via condition.

61. The .development provides 409 car parking spaces (equates to 0.54 spaces per apartment) which is within the maximum rate of 1 space per apartment in Clause 52.06 ofthe Scheme. This rate is supported by the Director of Public Transport. BicyCle provision for the development will be 444 spaces, including on-street spaces, is well in excess of the 235 spaces required. A loading bay is provided in accordance with the requirements of Clause 52.07 .

Objections

62. All the objections have been considered and the main issues raised have been discussed within this report. The other matter raised by the City of Melbourne was the treatment of the eastern elevation in the event that the eastern tower (stage 2) is not constructed. The submission included an east elevation qf stage 1 which shows articulation of the side wall. This will also be covered by additional condition to ensure that the wall is treated in the event that stage 2 is not acted upon.

63. The objection received concerns which particularly in relation to traffic management site during construction. In the previous permit issued at the direction of the Tribunal, conditions were included to address these matters specificaliy. Similar conditions have been included within the proposed conditions at Attachment 1.

7 October2010 Page 14 of22

DPCD Planning Report q• 245 -263 City Road, Southbank

Summary

64. The proposed development is considered to respond appropriately to State and local planning policies, in particular by providing housing choice and diversity. It will comply with the purpose of the mixed use zone.

65. There is justification for a departure from the suggested height in DD039 as the development respects the objectives of this policy. There is a requirement to increase the setbacks to the proposed development to the north east in order to allow adequate building setback to meet the objectives and design outcomes ofDD039.

66. The proposed development has been assessed against the provisions of the Melbourne Planning Scheme and is generally compliant. Consideration has been given to the referral responses and the objections received. On balance it is worthy of support, subject to conditions, and a recommendation has been made on this basis. Appropriate conditions are outlined in the attachment.

) RECOMMENDATION

)

67. The application has been assessed against all relevant State and Local Policies, and the relevant application requirements and decision guidelines of the Mixed Use Zone, Design and Development Overlay, Land Subject to Inundation, and Particular Provisions of the Melbourne Planning Scheme. The proposal is considered to be appropriate and consistent with the abovementioned considerations and it is recommended that a permit be granted subject to conditions as outlined at Attachment 1.


JDPCD !Planning Report 245 -263 City Road, Southbank

ATTACHMENT 1- CONIHTIONS

Amended Plans

1. Prior to the commencement of the development amended plans to the satisfaction of the responsible authority must be submitted to and be approved by the responsible authority. When approved, the·plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and three copies must be provided. The plans must generally be in accordance with the plans submitted with the application but modified to show:

a) Deletion of any permanent columns proposed at ground floor which are beyond the Title boundary; ·

b) The canopy proposed to City Road, Clarke Street & Catherine Street to include a minimum clearance of 3.0 metres and be offset 750mm from the face of the adjacent kerb and annotated accordingly;

c) Details of the podium at a scale of 1:50 in plan, elevation and montage, to show the material and finishes, vertical garden and the treatment of the comer of Clarke Street and City Road detailing the wind amelioration measures;

d) Reduction in the extent of any projection beyond the Title boundary within the podium, excluding the ground floor canopy, to no more than 300mm and annotated accordingly;

e) Further design details of the 'void' space resulting from the removal of apartments on Level 8 and 9 and how that relates to the overall architectural language of the building;

f) Reduction in the width of the central void between stages 1 and 2 including the increase in offset of the envelope from Clarke Street to 12.505 metres as shown within plans received on 5 October 201 0;

g) Increase in setbacks to Clarke Street at Levels. 10 to 33 inclusive measuring at 5.3 metres and 6 metres, with the exception of the central portion of the building which is setback 2 metres as shown within plans received on 5 October 2010;

h) Increase in setbacks to Clarke Street at Levels 34 to 43 inclusive measuring at 5.3 metres and 6 metres as 'shown within plans received on 5 October 201 0;

i) Increase in setback to Clarke Street at Level 46 to a minimum of 5.3 metres as shown within plans received on 5 October 2010;

j) Deletion of any form of projection beyond the Title boundary within the tower at Level 8 and above;

k) Increase in setback of the proposed west tower from City Road to a minimum of 5 metres,

:

with the exception of the corner of a balcony which encroaches within this setback. This is to ) ensure that the building bulk does not protrude towards the street frontage;

I) Deletion of any cantilevering, including vertical fins, proposed to the building envelope of the west tower at Level 38 and above beyond the footprint and setbacks provided at the lower levels. This includes any architectural feature and the additional setback required to City Road;

m) Details of the eastern elevation of Stage 1 (West tower) including its articulation and treatment that will be visible between stages;

n) Inclusion of a minimum of 20 storage cages located in the car park area or other suitable space within the building. The storage cages must be dimensions to ensure practical usage and be a minimum of 3 cubic metres;

o) Provision of signage associated with the on-site bicycle parking as required under Clause 52.34 of the Melbourne Planning Scheme; and

p) Modifications required as a result of any requirement of the waste management plan.

Layout Not Altered

2. The development as shown on the endorsed plans must not be altered without the written consent of the responsible authority.


[})if'CIDl iPlaum.dll:lg JReporl 245 -263 City Road, Southbank

.Houn of Operation

3. The commercial uses must not operate outside the hours of7am to llpm daily unless otherwise agreed in writing by the responsible authority.

Staging

4. The articulation ofthe eastern elevation of Stage 1 (West tower) is required to be completed to the satisfaction of the Responsible Authority unless satisfied that the permit holder has made substantial progress towards obtaining the necessary building permits for the development of Stage 2 (East tower) generally in accordance with the development under this permit and the permit holder has entered into a bona fide contact, or otherwise as agreed with the responsible authority, for the construction of Stage 2 to commence immediately after the completion of Stage 1. .

Demolition

5. Demolition must not commence unless the responsible authority is satisfied that the permit holder has made substantial progress towards obtaining the necessary building permits for the development of the land generally in accordance with the development proposed under this permit and the permit holder has entered into a bona fide contract for the construction ofthe development, or otherwise as agreed with the responsible authority.

Materials and Finishes

6. Prior to the commencement of the development, excluding demolition, bulk excavation, site preparation, soil removal, site remediation, retention works, footings, ground beams and ground slab, a sample board including a colour rendered and notated plan /elevation that illustrates the location and details of all external materials and finishes must be submitted to and be to the satisfaction of the responsible authority. All fmishes and surfaces of all external buildings and works, including materials and colours must be in conformity with the approved schedule to the satisfaction of the responsible authority.

Wind

7. Prior to the commencement of the development, excluding demolition, bulk excavation, site preparation, soil removal, site remediation, retention works, footings, ground beams and ground slab, comprehensive wind tunnel testing and environmental Wind Climate Assessment report of the development by a suitably qualified engineering consultant must be undertaken by the owner ofthe land and be submitted to and be to the satisfaction of the Responsible Authority. This report must be generally in accordance with that prepared by Mel Consultants dated December 2009 and August 2010. Any further modifications required to the development in order to ensure acceptable wind conditions to the surrounding streets and public areas must be carefully developed as an integrated high quality solution with the architectural and landscape design to the satisfaction of the Responsible Authority.

Environmentally Sustainable Design (ESD)

8. Prior to the commencement of the development, excluding demolition, bulk excavation, site preparation, soil removal, site remediation, retention works, footings, ground beams and ground slab, a report by an accredited profess~onal must be submitted to the satisfaction of the responsible authority documenting the energy efficiency measures introduced into the building design. The energy efficiency measures must be of industry best practice at the time of submission or 5 star rating in general conformity with submitted Ark Sources dated 23 November


lDllPCD Planning Report 245 -263 City Road, Southbank

2009. The performance outcomes specified in the report must be implemented prior to the occupation of the development to the satisfaction ofthe responsible authority.

Construction Management Plan

9. Prior to the commencement of the development of each stage, including demolition or bulk excavation, a detailed construction and demolition management plan must be submitted to and approved by the Responsible Authority, in consultation with the City of Melbourne. This Construction Management Plan is to be prepared in accordance with the City of Melbourne Construction Management Plan Guidelines and is to address matters including t)le following: a) public ~afety, amenity and site security; b) operating hours, noise and vibration controls; c) air and dust management; d) stormwater and sediment control; e) waste and materials reuse; f) traffic management; g) site accommodation for workers.

Site Consolidation

10. Prior to the commencement of the development, excluding demolition, bulk excavation, site preparation, soil removal, site remediation, retention works, footings, ground beams and ground slab, a plan of consolidation into one title for the whole ofthe land must be lodged at the Land Titles Office.

Landscaping

11. Prior to the commencement of the development, or as may otherwise be agreed with the Responsible Authority, a quailed landscape architect is to produce a scaled and dimensioned detailed landscape plan that must be submitted to and be to the satisfaction of the Responsible Authority in consultation with the City ofMe1boume. The plan must include a schedule of all soft and hard landscape materials and treatments including street trees, automatic irrigation, planting schedule, details of how the vertical garden will be constructed and operated, measures to prevent vegetation debris from falling to ground level, urban design elements including, but not limited to, paving, lighting, seating, and public art, and clear demarcation of public realm and private spaces including arrangements for pedestrian, bicycle, vehicular circulation in the ) development. The landscape plan must demonstrate how the project responds to water sensitive urban design principles including how storm water will be miti'gated, captured, cleaned and stored for on site irrigation purposes. The City of Melbourne technical notes should form the basis for all public realm works.

12. Prior to the commencement of all landscaping works associated with the vertical garden a landscape management plan detailing the ownership, maintenance regime and management responsibilities of the vertical garden associated with the development must be prepared and submitted to the satisfaction of the Responsible Authority in consultation with the City of Melbourne.

13. Should the vertical garden fail the alternative podium treatment is to be undertake to the satisfaction of the Responsible Authority in consultation with the City ofMelbourne.

7 October 2010 Page 18 of 22

)

DPCD Planning Report I . I .. 245 -263 City Road, Southbank

Traffic Management

14. A traffic management plan, that ensures unimpeded access along Catherine Street during and after construction must be prepared in consultation with Metropolitan Fire Brigade and must be submitted to and approved by the Responsible Authority.

15. A construction management plan that ensures engineering design and construction practices to avoid detrimental off-site impacts must be prepared in consultation with Metropolitan Fire Brigade and must be submitted to and approved by the Responsible Authority.

Car and Bicycle Parking, Traffic and Access

16. Prior to the commencement of the development excluding demolition and bulk excavation, the applicant must submit a traffic management report to the satisfaction of the Responsible Authority in consultation with the City of Melbourne. The recommendations of the report must be implemented at no cost to the Responsible Authority or the City of Melbourne. The traffic management report must be carried out in accordance with that approved and will form part of this permit. The traffic management report must includes copies of plans drawn to scale, generally in accordance with the traffic report submitted but amended to show:

a) Parking bays, ramp grades, aisle widths and headroom clearance to generally conform to the AS2890.1-2004;

b) Swept path diagrams within the car park and to the loading bay to confirm that adequate car space, aisle width and loading bay width is provided;

c) How the car parking areas will be used once both stages of the development are constructed; d) Signage near pedestrian entrances, warning pedestrians of traffic directly outside doors; e) Signage and audio/ flashing warning devices must be installed at carpark/loading dock

entry/exits at Catherine Street (flashing Give Way to Pedestrians sign) to alert pedestrians of existing vehicles/ vice-versa;

f) Maximum-permissible width of a vehicle crossover without a pedestrian refuge is 7.6 metres. Crossings wider than 7.6 metres must include pedestrian refuges a minimum of2 metres in length at 7.6 metre clear spacings.

17. The areas for the parking of vehicles must be clearly indicated on the floor and the boundaries of all car parking spaces and access lanes and the direction in which vehicles should proceed along the access lanes must be in conformity with the endorsed plans. The car parking spaces must not be used for any other purpose and all access aisles must be kept clear. Priority should be given to pedestrians on the street over vehicles entering/ exiting the building via the ramp.

18. The areas set aside for the parking of vehicles within the site must not be operated as a public car parking facility.

19. The car parking area must be lit to the satisfaction of the Responsible Authority, if in use during hours of darkness and all lights must be designed, fitted suitable baffles and located to prevent any adverse effect on adjoining land.

20. All mechanical exhaust systems to the car park hereby approved must be sound attenuated to prevent noise nuisance to the occupants of the surrounding properties, to the satisfaction of the Responsible Authority.

Loading I Unloading & Waste Management

21. The loading and unloading of goods from vehicles shall be carried out to the satisfaction of the Responsible Authority in consultation with the City of Melbourne and shall not be conducted


II>"PCD Planning Report 245 -263 City Road, Southbank.

before 8.00 a.m. or after 6.00p.m. on any day unless with the written consent of the responsible authority.

22. All deliveries/servicing, waste storage and collection must at all times take place within the boundaries ofthe site.

23. Prior to the commencement of the development hereby approved, a Waste Management Plan (WMP) must be prepared and submitted to the City ofMelboume's Engineering Services Branch for approval. The WMP must be prepared with reference to the City ofMelboume's Guidelines for Preparing a Waste Management Plan. The waste storage and collection arrangements as shown on the development plans must accord with the approved WMP, and the WMP must be followed at all times unless an amendment is approved by the City of Melbourne's Engineering Services Branch. The WMP must include information regarding the size of vehicles to be used for waste collection, the transport of waste through the site to the loading area and confirmation that the collection of waste will be undertaken from the loading area. The collection and storage of refuse must at all times be to the satisfaction of the City of Melbourne's Engineering Services Branch.

24. No garbage bin or surplus materials generated by the permitted use may be deposited or stored outside the site and bins must be returned to the garbage storage areas as soon as practicable after garbage collection to the satisfaction of the responsible authority.

Drainage

25. The owner of the subject land shall construct a drainage system within the development and make provision to connect this system to Council's underground storrnwater drainage system in accordance with plans and specifications first approved by the City of Melbourne (Engineering Services).

Street Levels and Crossovers

26. The Owner of the subject land should construct all necessary vehicle crossings and demolish all unnecessary vehicle crossings adjacent the subject land in accordance with the plans and specifications first approved by the City ofMelbourne (Engineering Services).

27. The Owner of the subject land will be permitted to alter the existing footpath/road levels in City ) Road and Catherine Streets for the purpose of constructing new vehicle or pedestrian entrances without first obtaining the written approval of the City of Melbourne (Engineering Services).

28. The owner of the subject land shall reconstruct the footways in the surrounding area adjacent the subject land in sawn bluestone paving as appropriate together with associated works including the renewal and/or relocation of kerb and channel and the relocation of all service pits and covers as necessary at the cost of the Owner/Developer in accordance with plans and specifications first approved by City of Melbourne (Engineering Services).

Projections

29. The minimum clearance to the underside of the proposed projections to City Road, Clarke and Catherine Streets from the existing footpath surface is 3.0 metres. The minimum setback from the adjacent face ofkerb should be 750mm.

30. All projections shall be drained to legal points of discharge in accordance with plans and specifications first approved by the City of Melbourne (Engineering Services).


)

. DPCD Pianning iR~~ort , , i · ' : ~,' ' ,, r

245 -263 City Road, South bank

Landscaping - Street Trees

31. A landscape plan of the footpaths to the satisfaction of the Responsible Authority must be submitted and approved by the Responsible Authority in consultation with Council if any trees in the street are affected by the. development or any gantry, or are required to be removed to enable the development to take place. All works associated with the approved landscape plan including the replacement of any street tree shall be at the cost of the owner of the land.

32. Prior to the removal of any street tree, further consent is required to be obtained from the City of Melbourne, and where practicable, a replacement tree may be required to be replanted to the satisfaction of the City ofMelbourne, and all fees associated to the removal and replacement must be borne by the applicant requesting the removal of the street tree.

Building appurtenances I appearance etc.

33. All building plant and equipment on the roofs, balcony areas, common areas, public thoroughfares are to be concealed to the satisfaction of the Responsible Authority. The construction of any additional plant, machinery or other equipment, incluqing but not limited to all air-conditioning equipment, ducts, flues, all exhausts including car parking and communications equipment must include appropriate screening to the satisfaction of the Responsible Authority.

34. Any satellite dishes, antennae or similar structures associated with the development must be designed and located at a single point on each building in the development to the satisfaction of the Responsible Authority, unless otherwise approved to the satisfaction of the Responsible Authority.

35. No architectural features and services other than those shown on the endorsed plans shall be permitted above the roof line without the permission of the responsible authority.

36. Except with the consent of the responsible authority, all external glazing must be of a type that does not reflect more than 20% of visible light when measured at an angle of incidence normal to the glass surface.

Outdoor Lighting

37. All public lighting should conform to AS1158, AS3771 and the Public Lighting Code September 2001 and must be designed, baffled and located to the satisfaction of the responsible authority.

38. Any requirement to temporarily relocate street lighting must not be undertaken without first obtaining the written approval of the Council ' s Group Manager- Engineering Services.

Melbourne Water

39. No polluted and/or sediment laden runoff is to be discharged directly or indirectly into Melbourne Water's drains or watercourses.

40. The ground floor area, including retail, lobby and entry foyer, must be constructed with finished floor levels set no lower than 1.9 metres to Australian Height Datum.

41. Flood resistant materials must be used for the construction of floor levels and walls below the applicable flood level.


DiPCD Plarmilmg lR.e~ort 245.-263 City Road, Southbank

I '

42. All electrical and plumbing fittings must be to the standards of the Relevant Authority for areas subject to inundation, for all services contained within the ground floor.

43. The layout of the site and size, design and location ofbuildings and works as shown on the submitted plans must not be altered without the prior written consent from Melbourne Water.

Advertising Signs

44. No advertising signs shall be erected, painted or displayed on the land without the permission of the Responsible Authority unless in accordance with the provisions of the Melbourne Planning Scheme.

Time Limit

45. Expiry of permit:

In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one ofthe following circumstances applies: )

The development does not commence within two years of the date of this permit. The use does not commence within two years of the completion of the development. The development is not completed within four years of the date of this permit.

In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within three months afterwards.

Notes: • The designated flood level for the property is 1.6 metres to AustralianHeight Datum (AHD). • If further information is required in relation to Melbourne Water's permit conditions shown

above, please contact Melbourne Water on telephone 9235 2517; quoting Melbourne Water's reference 155564.
