save dimmeys. yarra council report pt1

SAVE DIMMEYS

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Planning & Environment Act 1987 – Yarra Planning Scheme

Yarra City Council – Council Officers Report

Released: Friday 18 February 2011. 5pm

DIMMEYS REDEVELOPMENT

PLANNING APPLICATION NO: PLN10/0734

ADDRESS: 140 -160 SWAN STREET, RICHMOND

APPLICANT: RICHMOND ICON PTY LTD C/- PLANNED FX PTY LTD

Friday 18 February, 2011

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Yarra City Council – Special Meeting of Council Agenda – Tuesday 22 February 2011

Special Meeting of Council

Agenda

to be held on Tuesday 22 February 2011 at 6:30 pm at the Richmond Town Hall

www.yarracity.vic.gov.au

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Order of business

1. Statement of recognition of Wurundjeri Land 2. Attendance, apologies and requests for leave of absence 3. Declarations of pecuniary interest and conflict of interest 4. Council business reports

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1. Statement of Recognition of Wurundjeri Land

“Welcome to the City of Yarra. Council acknowledges the Wurundjeri community as the first owners of this country. Today, they are still the custodians of the cultural heritage of this land. Further to this, Council acknowledges there are other Aboriginal and Torres Strait Islander people who have lived, worked and contributed to the cultural heritage of Yarra.”

1A. Presentation to Officers in Receipt of Recent Awards 2. Attendance, apologies and requests for leave of absence

Anticipated attendees:

Councillors • Cr Alison Clarke (Mayor) • Cr Geoff Barbour • Cr Jackie Fristacky • Cr Josh Funder • Cr Sam Gaylard • Cr Stephen Jolly • Cr Anthony Main • Cr Dale Smedley • Cr Amanda Stone

Council officers

• Andi Diamond (Chief Executive Officer) • Vito Albicini (Director Infrastructure Services) • Jack Crawford (Director Corporate and Financial Services) • Ivan Gilbert (Executive Manager Governance) • Craig Kenny (Director Community Programs) • Bruce Phillips (Director City Development) • Margaret Elvey (Governance Officer)

3. Declarations of pecuniary interest and conflict of interest

4. Council business reports

Item Page Rec. Page

Report Presenter

11.1 Convent of the Good Shepherd, Clarke Street and St Heliers Street Abbotsford (Heritage Victoria referral)

4 7 Mary Osman - Manager Statutory Planning

11.2 Dimmeys Site Redevelopment - 140-160 Swan Street, Cremorne

8 89 Mary Osman - Manager Statutory Planning

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4.1 Convent of the Good Shepherd, Clarke Street and St Heliers Street Abbotsford (Heritage Victoria referral)

Trim Record Number: D11/11187 Responsible Officer: Director City Development

Purpose 1. Council has received a referral under Section 71 of the Heritage Act 1995, in relation to an

application made to Heritage Victoria by the Abbotsford Convent Foundation for the construction of a new classroom block at the Convent of the Good Shepherd, Clarke Street and St Heliers Street, Abbotsford (Abbotsford Convent).

2. This report provides Council with information about the proposal and recommendations for a response to the Heritage Victoria referral.

Background 3. Council received the referral from Heritage Victoria on 31 of January 2011. Advice was

subsequently sought from Council’s Heritage Advisor and was received on 15 February. This advice is attached as Appendix A.

4. Council have also received copies of two submissions made to Heritage Victoria by CARA (Collingwood and Abbotsford Residents’ Association Inc). These raise a series of concerns in terms of both the merits of the proposal and the process itself. In response it is noted that the merits of the proposal are discussed in the assessment section of this report. Issues of process are not the domain of Council given this is a Heritage Victoria application.

Proposal 5. The application seeks approval for a block of five classrooms located in the “goat paddock”

directly to the east of St Marys. The proposal is portrayed on the architectural plans prepared by Gregory Burgess Pty Ltd Architects which are attached as Appendix B.

6. The building curves around the eastern facade of St Mary’s, maintaining a minimum setback of 5.09m from any part of that building. It has a maximum length (north to south) of 35.765m, a maximum width of 11.06m and a maximum height of approximately 5.1 metres.

7. Building materials are largely timber wall cladding (stained grey/blue), with a sloping galvanised iron roof. There is extensive glazing on the eastern facade.

Planning Scheme Provisions

8. The subject site is within the Special Use Zone (Schedule 4) and is also affected by Design and Development Overlay (Schedule 1), Environmental Significance Overlay (Schedule 1), Land Subject to Inundation Overlay and Heritage Overlay (Schedule 9).

9. It is noted that use and development on the land is controlled by the Abbotsford Convent Master Plan, with the Minister for Planning the responsible authority for amending and approving the Master Plan. Council remain the responsible authority for any planning applications, however the zone and overlay provisions remove any planning permit requirements where a use or development is consistent with the Master Plan. This is true of all provisions except the Heritage Overlay, for which Heritage Victoria is the decision maker (pursuant to Clause 43.01-2, no planning permit is required under the Heritage Overlay provisions “to develop a heritage place which is included on the Victorian Heritage Register”).

10. Therefore, in order to allow for a use or development to occur, the Steiner School would need to gain approval from Heritage Victoria (this referral from heritage Victoria being a part of that process) and then either:

a) Apply to Council for a permit for use and development that is not in accordance with the Master Plan; or

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b) Amend the Master Plan to show the use or development proposed (which is done by an application to the Minister for Planning).

11. As this report results from a Heritage Victoria referral, consideration is restricted to matters of heritage, and thus only the Heritage Overlay and heritage policies are of relevance.

12. Schedule 9 to the Heritage Overlay includes the following Statement of Significance:

“St Heliers convent is regionally significant for the extensive grounds associated with the development of the site, and which provide a suitable setting to the massing and scale of the original convent buildings. The site retains much of its rural ambience, although it is surrounded by urban development. The gardens contain a number of mature trees, many of which are uncommon in contemporary landscapes. Two of these trees are featured on the National Trust of Australia (Victoria) Significant Tree Register.”

13. In terms of the Municipal Strategic Statement and Local Planning Policies, Clauses 21.05-1 and 22.02 provide general guidance on the development of heritage places.

14. In addition, Clause 21.08-1 relates specifically to Abbotsford and states that “the Collingwood Children’s Farm and the Abbotsford Convent site comprise a regional arts and cultural destination. Care must be taken that future development of these facilities do not compromise the amenity of nearby residential areas”. Figure 5 notes “support for the development of an arts and cultural precinct on the Abbotsford Convent site”.

Assessment 15. Assessment of the proposal is presented in three parts. Firstly a discussion of the use

proposed and how it fits with the historical use of the site, secondly the building siting, and thirdly the architectural style. All three are important in reaching a conclusion on the acceptability of the development.

Use

16. The proposal seeks to allow for the relocation of the Sophia Mundi Senior School from its current location in Nicholson Street, Abbotsford. The existing campus cannot remain due to a recent sale.

17. As Council’s Heritage Advisor has noted, “education has been a function of the site from its beginning”. Such uses range from St Euphrasia’s Catholic Common School in the late 19th Century, through to the Sophia Mundi primary school (commencing in 1985) which currently occupies St Mary’s and part of the Mercator building to the north-west.

18. Education is therefore an important part of the site history. The expansion of the use will not, therefore, detract from an historical understanding of the role of the site within the community, but rather is viewed as the latest chapter in the evolution of the site’s ongoing contribution to education.

Siting

19. The building is sited directly to the east of St Mary’s, at a minimum setback of 5.09 metres from any part of that building, and in excess of 20 metres from the bike path to the east. This area is not identified as having any particular heritage significance, although it was formerly occupied by one of a string of farm buildings which stretched out to the east.

20. Impacts of the siting are therefore restricted to a diminution of views to St Mary’s (particularly from the bike track), diminution of views from the Convent to the grazing land and the loss of grazing land (approximately 10% of the goat paddock area is to be taken up by the proposal).

21. The application was supported by a heritage impact assessment undertaken by Nigel Lewis, and has also been reviewed by Council’s Heritage Advisor. Nigel Lewis supported the proposed location, and whilst noting that the current siting is “not inappropriate”, Council’s Heritage Advisor recommended that the building be relocated “further to the north-west on the east side of the angled brick wall of Mercator and outside the fenced courtyard of St Mary’s” in order to maximise views to and over the grazing land.

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22. The location identified by Council’s Heritage Advisor would achieve such a goal, and further, would more closely align with the Abbotsford Convent Master Plan. It is therefore recommended that Council’s response to Heritage Victoria recommends that the building should be relocated as outlined above.

Architectural Style

23. The architectural style of the building is modern, yet provides a connection to existing buildings on site. This connection is achieved through the galvanised iron roofing material, and the building height, which reflects the single storey components of St Mary’s.

24. In other ways the building is overtly modern. The recessed base allows the building to “float” above the ground, whilst the extent of glazing along the eastern facade presents the building as light weight. The irregular facade shape further breaks up any perception of bulk.

25. Council’s Heritage Advisor has provided support for the design, noting that “the clever design resolution of the new building displays architectural excellence and will be a worthy legacy for future generations”.

26. The design may need some adjustment if the building were relocated as recommended above, however there is no reason why such changes would need to be substantial.

Conclusion 27. As stated by Council’s Heritage Advisor:

“The proposed use is entirely respectful of the historical significance and uses of the Convent. The proposed development is also respectful of the significance of the Convent and the buildings in proximity. The clever design resolution of the new building displays architectural excellence and will be a worthy legacy for future generations. While the proposed siting is not inappropriate, in the light of the conservation policies in the Lewis CMP, relocating the building to near Mercator would be a strategy which would ensure that an appropriate setting and context for heritage places (St. Mary’s and views to it over grazing land) is better maintained or enhanced.

The proposal is not contrary to conserving Yarra’s natural and cultural heritage. The integrity of places of cultural heritage significance, i.e. the Convent site will be maintained and not adversely affected. Significant view lines to, and vistas of, heritage places will be retained in the proposed location but more so in the recommended location. The new building respects the significance of the heritage place, i.e. the Convent site and also St Mary’s. It will be visually recessive and certainly will not dominate the heritage place nor will it obscure views of any principle facades even in the proposed location. There will be no adverse effect on the cultural significance of the heritage place whatsoever by the proposal.”

28. As such, it is considered that the proposed use, siting and building form are appropriate from a heritage perspective and should be approved, subject to the relocation of the building to the north of St Mary’s (east of the Mercator building).

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RECOMMENDATION 1. That Council advise Heritage Victoria that it does not object to the building design, but

requests that consideration be given to the relocation of the proposed building to minimise the impact on views to and from the Convent.

CONTACT OFFICER: Tarquin Leaver TITLE: Co-ordinator Statutory Planning TEL: 92055147 Attachments 1 Attachment 1 - Abbotsford Convent Plans 2 Attachment 2 - Abbotsford Convent Heritage Advice 3 Attachment 3 - Abbotsford Convent Master Plan Building and Works (Sept 2005)

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4.2 Dimmeys Site Redevelopment - 140-160 Swan Street, Cremorne

Executive Summary Purpose 1. This report provides consideration and assessment of a planning permit application for the

redevelopment of the Dimmeys site at 140 – 160 Swan Street, Cremorne and recommends approval subject to conditions.

Background 2. The applicant is proposing to undertake a $45 million dollar redevelopment of the site. The

proposal involves the use and development of the land for the construction of a 10 storey, mixed-use development over two basement levels, including refurbishment works to the retained façade; use of the land for the purpose of retail, dwellings, offices and art and craft centres; road works to Green Street including the installation of a bicycle path; and a reduction in the car parking and bicycle parking requirements of the Yarra Planning Scheme.

3. The Dimmeys site was included on the Victoria Heritage Register on 12/02/2009. The entire

subject site was identified as being of architectural and historical significance to the State of Victoria, and warranted its inclusion on the Victorian Heritage Register. This registration transfers all consideration of matters relating to the site’s heritage significance to Heritage Victoria through a separate permit process. A permit (Heritage Victoria Permit P15249) has been issued by Heritage Victoria.

4. For the purpose of Council’s consideration, matters relating to the part demolition and

conservation of the original building, the appropriateness of the development to the original building, and the alterations to the mural on Green Street cannot be taken into account, as these were matters considered by Heritage Victoria through their separate permit process.

5. At the time of writing, 359 objections had been received in the form of individual

letters/submissions, pro-forma letter and an on-line petition. Seven letters of support have also been received.

6. The application was also required to be formally referred to a number of external authorities

listed below:

(a) Vic Roads (City Link Project Overlay only); and

(b) The Department of Transport (DoT) 7. No objection to the proposal was offered subject to conditional support. Key Issues 8. The key issues for Council in considering the redevelopment relate to:

(a) Policy and Strategic support;

(b) Land use;

(c) Built form and design;

(d) On and off-site amenity impacts;

(e) ESD;

(f) Parking, access and traffic; and

(g) Objector concerns.

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Council Plan, Strategy and Policy Implications 9. The Dimmeys site is located in a Business 1 Zone (B1Z), where the purpose is to implement

state and local policies and to encourage the intensive development of business centres for retailing and other complementary commercial, entertainment and community uses. There are also a number of other overlays and controls which apply to the site, which is included within the Swan Street Major Activity Centre.

Conclusion 10. With the changes outlined in the recommendation section of this report, it is considered that

the redevelopment of the site would provide an appropriate built form outcome. On balance, the proposal is considered to be an acceptable planning outcome that maintains the significance of the Dimmeys building as a landmark site.

RECOMMENDATION 11. That having considered all objections and relevant planning documents, Council resolves to

issue a Notice of Decision to Grant a Planning Permit for the use and development of the land at 140-160 Swan Street, Cremorne for a mixed use development comprising dwellings, offices, and arts and crafts centre and a reduction in the car parking requirements of the Yarra Planning Scheme, subject to the following conditions:

1. Before the development starts, amended plans and documents to the satisfaction of

the Responsible Authority must be submitted to and 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 be generally in accordance with the advertised plans but further modified to which show:

Building design

(a) Window, door and balcony balustrade details for all elevations;

(b) Full elevation details of the proposed additions as they sit behind the retained heritage fabric;

(c) Deletion of unit L1.01 and redesign of the space (office/amenities may be extended);

(d) Redesign of unit 3.15 to ensure all habitable rooms have direct access to natural light and not rely on borrowed light;

(e) Inclusion of an internal staircase connecting the ground floor retail tenancy 1 with the ancillary office/amenities at first floor;

(f) Inclusion of a security gate to the retail back-of-house area to align with the front of the substation on the east elevation;

(g) The four, southern-most, first floor windows along the west elevation contained within the retained heritage building screened to a minimum height of 1.7 metres above finished floor level, and not more than 25% permeable to prevent direct views into the Byron Street residences;

(h) Any changes to the proposed building and structure as a result of the findings from the Structural Engineering report required by the Department of Transport (Conditions 56 to 59);

(i) Methods proposed to limit opportunity for the projection of objects into the rail corridor as required by the Department of Transport (Condition 66);

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(j) Conceptual details of the ‘shared zone’ required by condition 14 of this permit, including but not limited to pavement widths, surface treatment and methods of traffic management;

(k) Deletion of the ‘proposed’ Green Street road works;

(l) Details of the proposed art wall along the southern boundary; Acoustic

(m) All works recommended in the report of the professional acoustic

engineer referred to in condition 7;

Environmentally Sustainable Design Principles

(n) All works recommended in the ESD report referred to in condition 10;

Car and Bicycle parking

(o) Bollards provided at the stairwells and lifts to shield pedestrians from reversing cars;

(p) A minimum of 52 on site bicycle parking spaces, including location and

specification of bike parking;

(q) Provision of 9 additional bicycle spaces for the commercial use to be provided at Basement level 1 and/or along the frontage of the development to Swan Street.

(r) Provision for an on-site shower and change room facility for employees of the

commercial uses;

General

(s) Provision of lighting plan detailing lighting of all areas including private, communal and publicly accessible spaces, ensuring lighting is baffled to minimise light spill into the Rail Corridor as required by the Department of Transport Condition 67;

(t) The specification and location of all proposed external plant and

equipment (including roof top plant and equipment, car park ventilation and individual air conditioning and hot water units). All plant and equipment must be screened to prevent views from the street and habitable room windows of nearby dwellings;

(u) Areas set aside within the property boundaries for pits, meters and

essential services; (v) Details and provision of an average of 4 cubic metres of storage for each

dwelling; (w) Details of the bin storage area in Basement 1 located to provide convenient

access from the lift lobby;

(x) An indicative internal, 1.7 metre high solid screen, or suitable alternative mechanism to prevent inter-looking between dwellings;

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Building Materials

(y) An updated schedule of all external materials and finishes (including materials samples, colours and coloured elevations/perspectives). The schedule must show the materials, colour, finish and application methods (where relevant) of all external walls, roof, fascias, window frames, glazing types, cladding, doors and fences and must confirm the following:

(i) Specification of glass colour to exterior façade in accordance with the findings of the ESD recommendations; and

(ii) the requirements of the Department of Transport (condition 68).

Endorsed Plans

2. All development and use must accord with the endorsed plans. Any alterations must be approved in writing by the Responsible Authority.

3. Floor levels shown on the endorsed plan(s) must not be altered or modified without

written consent of the Responsible Authority. 4. All new on-boundary walls must be cleaned and finished to the satisfaction of the

Responsible Authority. 5. Access to all areas affected by an easement or caveat must be maintained. Heritage Victoria Permit

6. Before commencement of works on site, evidence must be provided to the

satisfaction of the Responsible Authority that the relevant requirements of Heritage Victoria Permit P15249 have been complied with.

Acoustic Treatments 7. Before the plans are endorsed, an updated acoustic report to the satisfaction of the

Responsible Authority must be submitted to and approved by the Responsible Authority. The report must be prepared by a suitably qualified acoustic engineer to show how the requirements of State Environment Protection Policy N-1 and relevant Australian Standards will be met and must prescribe the form of acoustic treatment to:

(a) protect dwelling occupants with a direct interface to commercial tenancies above, next to or below from associated commercial noise sources, including but not limited to loading dock (including reversing beepers), plant and equipment;

(b) protect all dwelling occupants from external noise sources with specific regard to Swan Street and off-site commercial areas;

(c) protect all dwelling occupants from external noise sources associated with the abutting rail system; and

(d) the mechanical plant equipment and ventilation mechanisms installed or constructed as part of the development.

8. On the completion of the works referred to in condition 7 above and before the

residential use commences, an updated acoustic report prepared by a suitably qualified acoustic consultant must be submitted to the satisfaction of the Responsible Authority demonstrating that the required level of noise attenuation has been achieved. The report must:

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(a) confirm the use complies with Condition 7 of the permit; and

(b) provide measurement data taken from inside the dwellings demonstrating compliance with State Environment Protection Policy N-1.

9. The acoustic report recommendations must be incorporated into the development and where they are recommendations of an ongoing nature, must be implemented to the satisfaction of the Responsible Authority.


10. The recommendations of the Environmentally Sustainable Report – Revision B (19

November 2010) prepared by GIW Environmental solution and any updates must be implemented into the development to the satisfaction of the Responsible Authority with details submitted to the Responsible Authority demonstrating compliance with the report and addressing the following:

(a) The impact of coloured glass relevant to the internal amenity of the dwellings

including heat gain and access to daylight. This must include a daylight modelling report to ensure that rooms are adequately lit;

(b) Opportunity for external shading initiatives for the lofts to be determined in

consultation with a suitably qualified Heritage expert, confirming no impact on the significance of the heritage building;

(c) Detailed drawings indicating the size and type of all operable windows to

demonstrate how cross-ventilation will be achieved; (d) Details of the location of individual air conditioning units and other plant

equipment for the 2-storey residential complex and the lofts; (e) Clarification as to whether electric instantaneous hot water units or solar hot

water systems are to be used for each apartment; (f) Details of the rainwater tank and specifications for its use for irrigation wash

out purposes and ground floor toilet flushing; (g) Plans to show location of ground floor toilets; (h) Details regarding storm water targets should be demonstrated by achieving a

100% STORM rating (Melbourne Water online calculator); and (i) Details of how general waste and recycling waste will be collected and

separated in the two storey residential complex and the loft units. Operations Management Plan

11. Prior to the occupation of any part of the development an Operations Management

Plan prepared by an appropriately qualified person must be submitted to and approved by the Responsible Authority. When approved, the Operations Management Plan will be endorsed and form part of this permit. The Operations Management Plan must address, but is not necessarily limited to the following:

(a) Access arrangements to the tenancies;

(b) Internal signage;

(c) Security arrangements;

(d) Servicing arrangements; and

(e) Complaint resolution mechanisms.

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Transport Management

12. Prior to the occupation of any part of the development, a Car Parking Management Plan prepared by an appropriately qualified traffic consultant must be submitted to and approved by the Responsible Authority. When approved, the Car Parking Management Plan will be endorsed and form part of this permit. The Car Parking Management Plan must address, but is not necessarily limited to the following:

(a) An internal signage plan distinguishing permanent parking areas from visitor parking areas, directional arrows and signage, informative signs indicating location of disabled bays, small parking bays, bicycle parking, exits, restrictions, pay parking system etc;

(b) Mechanisms to ensure non-permanently allocated car parking spaces will only be available for visitors to the site (with a minimum of 10 visitor car parking spaces for the residents);

(c) The number and location of the car parking spaces to each commercial tenancy and dwelling, and the clear identification of dwelling or commercial uses without any car parking;

(d) The number and location of car spaces for shared use, including time of shared use;

(e) The management of visitor car parking spaces and security arrangements for occupants of the development;

(f) Details of way finding, cleaning, security of end of trip bicycle facilities;

(g) Policing arrangements and/or formal agreements; and

(h) Details regarding the management of loading and unloading of goods and materials for the commercial and residential uses;

13. The Car Parking Management Plan must be implemented to the satisfaction of the

Responsible Authority. No alterations may be made without the prior written approval of the Responsible Authority.

Traffic Management Contributions

Byron Street

14. Within 12 months of the commencement of the development, details of the Shared

Zone for the length of Byron Street must be prepared by an independent and suitably qualified professional in consultation with and to the satisfaction of the Responsible Authority and submitted to the Responsible Authority. The Shared Zone must include various methods to control traffic and speed to allow for safe pedestrian movement and to manage the potential conflicts between traffic generation, bicycles and pedestrians using Byron Street.

15. All works associated with the provision of a Shared Zone as set out in condition 14

of this permit must be undertaken prior to the use commencing at the cost of the permit holder and thereafter maintained to the satisfaction of the Responsible Authority.

Green Street 16. Prior to the commencement of the development, the permit holder must make a

contribution to Council for the cost of works associated with the reconstruction and upgrade of Green Street between Railway Place and Swan Street. The one-off payment of approximately 50% of the total cost of works will be no more than $175,000.

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17. Prior to the occupation of the development, all the footpaths and kerb and channel adjacent to the subject development must be reconstructed in accordance with the Responsible Authority’s engineering standards and requirements and to the satisfaction of the Responsible Authority or as otherwise required by conditions 36 and 37.

General amenity conditions

18. Alarms associated with the commercial premises must be directly connected to a

security service and must not produce noise beyond the premises. 19. The amenity of the area must not be detrimentally affected by the use or

development, through:

(a) the transport of materials, goods or commodities to or from land;

(b) the appearance of any buildings, works or materials;

(c) the emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil; or

(d) the presence of vermin.

20. All buildings must be maintained in good order and appearance to the satisfaction of the Responsible Authority.

21. Noise emanating from the development, including plant and other equipment, must

comply with the State Environment Protection Policy N-1 to the satisfaction of the Responsible Authority.

General Parking Areas

22. Unless with the prior written consent of the Responsible Authority, no fewer than

174 car parking spaces (including no less than 2 disabled compliant, car parking spaces) and 52 bicycle parking spaces must be provided on the land at all times, to the satisfaction of the Responsible Authority.

23. The area set aside for the parking of vehicles, together with the associated access

lanes as delineated on the endorsed plan must:

(a) be designed, provided and completed to the satisfaction of the Responsible Authority prior to the commencement of the development hereby permitted;

(b) thereafter be maintained to the satisfaction of the Responsible Authority;

(c) be made available for such use at all times and not used for any other purpose;

(d) be properly formed to such levels that it can be used in accordance with the endorsed plan; and

(e) be drained and sealed with an all weather seal coat.

24. Bicycle access must at all times be clearly signed and marked, to the satisfaction of the Responsible Authority.

25. Prior to the occupation of any dwelling, car parking must be allocated in accordance

with the Car Parking Management Plan (condition 12). 26. The development must provide for a minimum of 1 shower and change room for use

by all employees of the commercial components of the development, to the satisfaction of the Responsible Authority.

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Loading Areas

27. All loading and un-loading must be carried out within the confines of the property boundaries (other than the small retail components) to the satisfaction of the Responsible Authority.

28. The loading areas must be maintained in a clean and tidy manner at all times to the

satisfaction of the Responsible Authority. 29. Loading movements at the Green Street loading dock are restricted to between the

hours of 6am and 10pm, seven days a week, unless with the prior written consent of the Responsible Authority.

30. Trucks delivering goods to the commercial uses via Green Street are limited to no

greater than 12.5 metre Heavy Rigid Vehicles, unless with the further written approval of the Responsible Authority.

Drainage 31. Provision must be made for the drainage of the site including landscaped and

pavement areas, all to the satisfaction of the Responsible Authority. 32. The permit holder must apply for a Legal Point of Discharge under Regulation 610 –

Stormwater Drainage of the Building Regulations 2006 from Yarra’s Building Services Unit.

33. The drainage design for the entire site, along with hydraulic calculations, must be

submitted to the Responsible Authority for assessment and approval. 34. All piping and ducting, other than for drainage above the ground floor storey of the

building must be concealed. 35. Any storm water drainage within the property must be provided and be connected to

the nearest Council pit of adequate depth and capacity (legal point of discharge), to Council’s satisfaction under Section 200 of the Local Government Act 1989 and Regulation 610.

Vehicle Crossings and Accessways 36. Any road(s), footpath(s) or other infrastructure adjacent to the development site

damaged as a result of the construction works including but not limited to trenching and excavation for utility service connections, must be reinstated to the satisfaction of the Responsible Authority and at the cost of the permit holder.

37. Any portions of redundant vehicle crossing must be broken out and removed and

reinstated with kerbing and paving to match the surrounding area. The cost of these works must be borne by the permit holder and be undertaken to the satisfaction of the Responsible Authority.

38. The proposed new vehicle crossings are to be constructed in accordance with City

of Yarra Standard Drawings and Specifications, to the satisfaction of the Responsible Authority.

39. The finished floor levels for pedestrian access and car parking areas must be such

that pedestrian and vehicular access meets Australian Standards. 40. Existing footpath, kerb and channel, and road pavement surface levels must not be

altered unless with the approval of the Responsible Authority.

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41. The permit holder must not commence any civil infrastructure works on any Public Highway without obtaining formal consent from the Responsible Highway Authority.

42. The permit holder must not commence any civil infrastructure works, repair works or

upgrading works on Council land without obtaining formal consent from the Responsible Authority.

Soil conditions 43. Before the commencement of the development hereby approved, other than works

for the purpose of obtaining a Certificate or Statement under Clause (a) or (b) of this condition respectively, either:

(a) Certificate of Environmental Audit indicating the land in the relevant stage is suitable for residential use must be issued for the land in accordance with Section 53Y of the Environment Protection Act 1970; or

(b) an environmental auditor appointed under the Environment Protection Act 1970 must make a statement in accordance with Section 53ZS of the Act that the environmental conditions of the land is suitable for residential use.

44. A copy of the certificate of environmental audit or statement, and the complete audit report and audit area plan must be submitted to the Responsible Authority.

45. The use and/or development/buildings and works allowed by this permit must

comply with the directions and conditions of any statement of environmental audit issued for the land.

46. Prior to the occupation of dwellings in a stage of the development a letter must be

submitted to the Responsible Authority by an Environmental Auditor accredited with the EPA, to advise that all construction and remediation works necessary and required by an environmental audit or statement for that stage have been carried out.

47. Any handling and disposal of contaminated site soil must be in accordance with the

requirements of any statement of environmental audit issued for the land, the requirements of the Environment Protection Authority and the Environment Protection Act 1970.

48. The landowner and all its successors in title or transferees must, upon release for

private sale of the parent lot or each of the lots, created by subdivision, include in the vendor’s statement pursuant to section 32 of the Sale of Land Act 1962 annexed to the contract of sale for the sale of the land, a copy of the endorsed development plans, planning permit and statement of environmental audit (together with any later issued certificate of environmental audit) for the land.

Waste Management

49. All waste from the commercial component of the development must be collected via a private collection service, to the satisfaction of the Responsible Authority.

50. Prior to the occupation of the dwellings the permit holder must submit a Waste

Management Plan in consultation with and to the approval of the Responsible Authority. The Waste Management Plan must include, but not be limited to the following:

(a) Weekly collection frequency (with not more than twice weekly if sufficiently justified);

(b) Waste weekly quantities in cubic metres of garbage and recycling that will be generated;

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(c) Waste containers to accommodate the waste generated;

(d) Appropriately sized bin storage area;

(e) The actual collection process and procedures; and

(f) A mechanism to ensure future owners and occupiers of the development (residential and commercial) are made aware of all collection agreements.

51. Rubbish, including bottles and packaging material, must at all times be stored within

the building and screened from external view and be managed in accordance with the Waste Management Plan prepared by Leigh Design, dated 18 November 2010. All waste and recycling collect to be undertaken between the hours specified in Council’s Local Law No. 3.

Construction 52. Before the development commences, a Construction Management Plan to the

satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed as evidence of its approval. The plan must provide for or include the following:

(a) a pre-conditions survey (dilapidation report) of the subject site and all adjacent Council roads frontages and nearby road infrastructure;

(b) protection works necessary to road and other infrastructure (limited to an area reasonably proximate to the site);

(c) protection works necessary for the retained section of Heritage buildings including the mural along Green Street;

(d) remediation of any damage to road and other infrastructure (limited to an area reasonably proximate to the site);

(e) containment of dust, dirt and mud within the site and method and frequency of clean up procedures in the event of build up of matter outside the site;

(f) on-site facilities for vehicle washing;

(g) methods for management of noise and general nuisance;

(h) site security;

(i) waste and stormwater treatment;

(j) construction program;

(k) preferred arrangements for trucks delivering to the site;

(l) parking facilities for construction workers;

(m) delivery and unloading points and expected frequency;

(n) an outline of requests to occupy public footpaths or roads, or anticipated disruptions to local services;

(o) an emergency contact that is available for 24 hours each day for residents and the Responsible Authority in the event of relevant queries or problems experienced; and

(p) traffic management measures to comply with provisions of AS 1742.3-2002 Manual of uniform traffic control devices - Part 3: Traffic control devices for works on roads.

53. During construction, the following must occur to the satisfaction of the Responsible

Authority:

(a) any stormwater discharged into the stormwater drainage system to comply with EPA guidelines;

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(b) stormwater drainage system protection measures must be installed as required to ensure that no solid waste, sediment, sand, soil, clay or stones from the premises enters the stormwater drainage system;

(c) vehicle borne material must not accumulate on the roads abutting the site;

(d) the cleaning of machinery and equipment must take place on site and not on adjacent footpaths or roads;

(e) all litter (including items such as cement bags, food packaging and plastic strapping) must be disposed of responsibly;

(f) all site operations must comply with the EPA Publication TG302/92; and

(g) the permit holder must ensure that at all times, all construction workers and associated development staff are aware of conditions 52 and 53.

54. The development, once commenced, must be completed to the satisfaction of the

Responsible Authority. 55. Except with the written consent of the Responsible Authority, demolition or

construction works must only be carried out between: 7.00 am – 6.00 pm, Monday-Friday (excluding public holidays) and 9.00 am – 3.00 pm, Saturday and public holidays. No work is to be carried out on Sundays, ANZAC Day, Christmas Day or Good Friday without a specific permit. All site operations must comply with the relevant Environmental Protection Authority's Guidelines on Construction and Demolition Noise.

Department of Transport (conditions 56 to 78) Structural engineering 56. Prior to the commencement of the use or development, the permit applicant must

identify a suitably qualified engineer whose appointment and terms of reference are to be approved by the Director of Public Transport (the Engineer) to advise on the structural integrity of the proposed development so as not to prejudice the redevelopment of the railway line located to the rear of the Subject Land.

57. Retain the Engineer at the cost of the Permit Applicant. 58. Seek a report from the Engineer, subject to the approval of the Director of Public

Transport, containing advice on the structural integrity of the proposed development of the Subject Land including advice specifically on the following:

(a) demonstrate that the proposed design of the development will not prejudice

future options to be advised by the Director of Public Transport for new rail infrastructure in the railway corridor and that the building at the Subject Land will continue to be self supporting;

(b) demonstrate that a range of options for future expansion of the railway tracks

within the rail corridor (e.g. a cut and stack model to be constructed in the rail corridor, or elevated tracks etc) which may require excavation up to the boundary of the Subject Land within the rail corridor, will not be prejudiced;

(c) describe the design and location of structural or weight bearing piers or

elements, which are not permitted to be located within 7.5 metres of the southern boundary of the Subject Land (or an alternative setback otherwise advised in writing by the Director of Public Transport);

(d) outline risk mitigation design options in the event of derailment for protection

of the building in the vicinity of the rail corridor;

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(e) demonstrate that the design of the development complies with the Derailment

Loadings as set out in the Australian Standard AS 5100; (f) demonstrate that the location of plant, access and service equipment within

the development will minimise disruption to the development should it prove necessary to widen the rail corridor;

(g) demonstrate that the design meets all clearance requirements from the

adjacent railway tracks as per Victorian Rail Industry Operator Group (VRIOS-001-2005) Standards

Amended plans 59. Following receipt of the report from the Engineer, and approval of the report by the

Director of Public Transport, the permit applicant must submit plans to the Director of Public Transport for review, comment and approval which implement the recommendations of the Engineer's report. The plans are to be drawn to scale (1:100), be generally in accordance with the endorsed plans, and be in accordance with the recommendations in the report from the Engineer.

Prior to construction 60. Prior to the commencement of works, an agreement must be entered into with the

Department of Transport, VicTrack and the Rail Operator for construction, maintenance and disturbance of land abutting the railway reserve.

61. Prior to the commencement of works, the Rail Operator must be contacted to obtain

the conditions and safety requirements of working near an operating railway and live power feeders.

62. All necessary construction control agreements and indemnity agreements must be

in place prior to works commencing. 63. Prior to the commencement of works, a construction management plan must be

prepared and endorsed by the Director of Public Transport. Public transport infrastructure/service protection during construction

64. The permit holder must ensure that all public transport infrastructure (including

overhead power and supporting infrastructure for both trains and trams) is not damaged. Any damage to public transport infrastructure must be rectified to the satisfaction of the Director of Public Transport at the full cost of the permit holder.

65. The permit holder must take all reasonable steps to ensure that disruption to train

operation within the railway corridor and tram operations along Swan Street are kept to a minimum during the construction of the development. Foreseen disruption to rail operation during construction and mitigation measures must be communicated to Metro Trains and the Director of Public Transport fourteen days (14) prior.

Building design 66. The permit holder must take all reasonable steps (including appropriate screening to

balconies) to ensure that objects cannot be projected into the rail corridor to the satisfaction of the Director of Public Transport.

67. No lighting is to be erected that throws light onto the railway tracks or which interferes with the visibility of signals and the rail lines by train drivers.

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68. Building materials (including glass/window treatments) along the rail corridor must be non-reflective and avoid using red or green colour schemes that may interfere with driver operations.

No impact on railway land or operations 69. No drainage, effluent, waste, soil or other materials must enter or be directed to

railway land or stored or deposited on railway land. 70. Permanent or temporary soil anchors must not be installed on railway land. 71. Entry onto railway land is at the discretion of the Rail Operator and is subject to any

conditions imposed by it. 72. No excavation, filling or construction must take place on or near the common

boundary with railway land without the prior approval of the Rail Operator and is subject to any conditions imposed by it.

Graffiti management 73. Any wall which may be permitted to be located on the railway reserve must be

cleaned and finished using a graffiti proof finish or alternative measures used to prevent or reduce the potential of graffiti. Any graffiti that appears on the walls must be cleaned or removed as soon as practicable to the satisfaction of the Responsible Authority. The cost of any cleanup or removal of the graffiti from the walls must be paid for by the landowner or owners of the development site.

Green Travel Plan 74. Before the use of the land commences, a Green Travel Plan must be prepared to

the satisfaction of the Responsible Authority following consultation with the Department of Transport (Public Transport Division). The plan must be prepared by a suitably qualified person and must demonstrate how the use of non-private vehicle transport modes will be encouraged by the staff and residents. The plan must include the following:

(a) Objectives for the Green Travel Plan.

(b) A description and location map of the development education centre in the context of alternate modes of transport.

(c) Provide an outline of the measures proposed to facilitate non-private vehicle transport use. This must include, but not limited to:

Welcome packs of information provided to staff and residents upon commencement of employment/occupation of residence which includes:

tram, train and bus timetables relevant to the local area

A plan depicting the location of bicycle parking and facilities available on the land

(d) Provision of a display in the entry lobby (or alternative location agreed by the Director of Public Transport) which incorporates the following:

A map depicting the site and the locations of key public transport stops (such as East Richmond/Richmond Stations, tram stops on Swan Street and bus stops on Punt Road etc).

Details of the approximate distances and trip times to these stops.

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Pedestrian, cycling and public transport routes to key destinations (such as the MCG, CBD, recreation areas, shopping precincts such as Bridge Road, Victoria Gardens and Chapel Street etc)

A plan showing the bicycle parking areas provided for use by staff/residents

Where possible, multi-lingual information/brochures regarding transport timetables, routes, destinations etc

75. Before the use of the land commences, the Green Travel Plan must be

implemented, including the provision of the entry display, to the satisfaction of the Department of Transport (Public Transport Division).

76. The Green Travel Plan must not be amended without written consent of the

Responsible Authority following consultation with the Department of Transport (Public Transport Division).

77. Once approved the Green Travel Plan must form part of the planning permit and any

ongoing management plan for the land to ensure the Green Travel Plan continues to be implemented by staff / residents to the satisfaction of the Responsible Authority.

Prior to occupation of the development 78. As built drawings of the building must be provided to the Director of Public Transport

prior to occupation of the development or at another time agreed in writing. Time limits 79. This permit will expire if the development is not commenced within two years from

the date of this permit. All development must be completed within four years from the date of this permit. The Responsible Authority may approve extensions to these time limits if requests are made within three months of expiry.

Notes:

The site must be drained to the legal point of discharge, to the satisfaction of the Responsible Authority. All future residents, employees and occupiers residing within the development approved under this permit will not be permitted to obtain resident, employee or visitor parking permits. A copy of this permit and the endorsed plan (and any subsequent variation) must form part of the document to any Contract of Sale or Lease for any part of the site after the date of the permit. In accordance with the Yarra Planning Scheme, a 4.5 per cent public open space contribution will apply in the event of the subdivision of the land. A building permit may be required before development is commenced. Please contact Council’s Building Services Unit on Ph. (03) 9205 5351 to confirm.

Department of Transport Notes:

Prior to the commencement of works, the Applicant/Developer must contact the Rail Operator by telephoning Andrew Irving of Metro Trains, on (03) 9619 7174 or 0419 523 856, to obtain the conditions and safety requirements of working near an operating railway and live power feeders.

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The development is located adjacent to an operating railway corridor, where train services may operate 24 hours a day, 7 days a week, therefore the permit applicant may wish to construct windows and built form that incorporates noise attenuation materials (i.e. double glazing and appropriate wall attenuation materials) to reduce amenity impacts.

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4.2 Dimmeys Site Redevelopment - 140-160 Swan Street, Cremorne Trim Record Number: D11/12508 Responsible Officer: Director City Development Purpose 1. This report provides consideration and assessment of a planning permit application for the

redevelopment of the Dimmeys site at 140 – 160 Swan Street, Cremorne and recommends approval subject to conditions.

Background 2. The Dimmeys site was included on the Victorian Heritage Register (the Register) on

12/02/2009. The entire site was identified as being of architectural and historical significance to the State of Victoria, which warranted its inclusion on the Victorian Heritage Register. This registration transfers all consideration of matters relating to the site’s heritage significance to Heritage Victoria through a separate permit process.

3. Figure 1 below outlines the extent of the Dimmeys site that is on the Register, more

particularly described as:

‘All the land marked L1 on Diagram 2184 held by the Executive Director, being the land described in Certificates of Title Volume 09988 Folio 526 and Volume 10382 Folio 379.

All the building marked B1, including any attached verandahs, on Diagram 2184 held by the Executive Director’.

Figure 1:- Extent of Victorian Heritage Register Protection

4. The permit applicant has previously sought approval for development of the land from Heritage Victoria and a permit has been issued. Details of that approval are outlined in the forthcoming section of the report.

5. For the purpose of Council’s consideration of this application, matters relating to the part

demolition and conservation of the original building, the appropriateness of the development to the original building, and the alterations to the mural on Green Street cannot be taken into

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account as these matters were considered by Heritage Victoria through their separate permit process.

6. It is also noted that a number of the reports and accompanying information make reference

to the development providing 83 units. In reviewing the accompanying application drawings there are only 82 units.

Planning History 140-160 Swan Street (“Subject Site”) 7. There are a number of minor applications associated with the subject site which are

inconsequential to the consideration of this current application. These typically relate to applications for the display of signage. Applications of relevance to this application include:

PL03/0944 8. Planning permit PL03/0944 was issued by Council in October 2003 for ‘Painting - Mural

painted on wall along Green Street side of building’.

PL09/0122 9. An application was lodged on 3 March 2009 for the part demolition of the existing building,

refurbishment works and the construction of a nine storey mixed use development with basement car parking for the purpose of retail, office and dwellings, including a reduction in the car and bicycle parking requirements and a waiver of the loading bay requirements of the Yarra Planning Scheme.

10. Council requested further information in respect of the application on 23 March 2009 and

also raised preliminary concerns, most notably its poor architectural character, excessive scale and bulk, visual harm to the landmark quality of the Clock Tower, and internal amenity concerns.

11. Concurrently, an application was lodged with Heritage Victoria in respect of the associated

works to the registered heritage building. Council objected to the architectural character of the proposed development, its relationship to the Clock Tower, and the relationship of the new buildings within the heritage precinct (amongst other things).

12. The planning application was withdrawn by the applicant on 28 July 2009. It is also

understood that the application being considered by Heritage Victoria was also withdrawn at that stage.

Heritage Victoria – P15249

13. On 3 December 2009, Council was notified that an application had been lodged with

Heritage Victoria to develop the heritage place. The application involved the development of the land for the construction of a part 9, part 11 storey building to the rear of the site, with three levels of basement.

14. Council objected to the application in terms of poor architectural character and visual harm to

the landmark quality of the Clock Tower (amongst other things). Within Council’s objection it also noted that a planning permit had not been lodged with the Council.

15. Following the notification period, Heritage Victoria held an ‘interested parties meeting’, which

Council Officers attended. Following this process, Heritage Victoria wrote to the applicant advising that it had concerns with the proposal and requested further information. Its particular concerns included:

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(a) Loss of a substantial part of the south façade bearing the ‘Dimmeys Model Stores’ sign;

(b) Visual harm to the landmark qualities of the Clock Tower with views to the clock face being largely concealed from the south of the site; and

(c) The siting, bulk and height of the proposed towers would have an excessively detrimental impact on the heritage significance of the place.

16. The applicant responded to Heritage Victoria’s request for further information by submitting a

revised proposal which included a single, 11 storey tower in the south-western corner of the site. Council was given the opportunity to provide comment to Heritage Victoria on the revised proposal. Heritage Victoria was advised that the proposal was now broadly acceptable in heritage terms subject to clarification as to how the heritage fabric would be retained through the basement excavation process, lowering the height of the tower element by one level, resolving design detailing on the building core, and clarification of façade framing and materials.

17. On 26 August 2010, Heritage Victoria issued a permit for partial demolition of the existing

building, adaption of the building, conservation works to the façade, and construction of an 11 storey tower to south-west of the site, subject to a number of conditions which are appended to this report along with a copy of the associated elevation plans (Attachment 1: Heritage Victoria Permit and plans). It is noted that Council’s suggestion to lower the height of the building by one level was not considered warranted by Heritage Victoria and was not reflected in their decision to grant a permit for the development.

Existing Conditions Subject Site 18. As shown in Figure 2, the subject site is located on the southern side of Swan Street,

approximately 500m east of Punt Road, and approximately 235m west of Church Street, in Cremorne. It is a large island site with its principal frontage to Swan Street, a side abuttal to both Byron Street (west) and Green Street (east), and a rear abuttal to the VicTrack rail reserve.

19. The site has an overall area of 4034sqm. and is generally rectangular in shape with a

northern boundary frontage to Swan Street of 56.31m, an eastern and western boundary frontage of 71.63m and 71.65m to Green and Byron Streets (respectively), and a southern boundary frontage to the rail reserve of 56.31m.

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Figure 2: - Aerial Photo

20. The subject site (as shown in Figure 3) is developed with a substantial two storey, brick

American Romanesque style building. The building is constructed along the full frontage to Swan Street and has a depth along Byron and Greens Streets of approximately 56m. To the rear of the building, where it abuts the rail reserve, is a servicing yard accessed from Green Street, with a number of shed type structures attached to the main building. The buildings result in almost total site coverage.

21. The main building has a wall height to the parapet of approximately 11m, and 12.4m in

height to the top of the roof. A key feature of the site is the clock tower along the front elevation, which sits slightly to the east of the centre of the building frontage, rising to a height of approximately 30m (to the top of the dome).

22. The subject site is currently used as a low cost department store, and is commonly known as

“Dimmeys”. The whole of the site is registered on the Victorian Heritage Register as a site of architectural and historical significance to the State of Victoria (Heritage Victoria Register Number H2184). The Heritage Victoria Statement of Significance includes the following:

“ It was designed by the prominent architects H W & F B Tompkins and built in stages between 1907 and 1918 and extended in 1986. It originated in a two-storey drapery store on the corner of Swan and Green Streets built in 1878 by Joseph Britten, whose family had run a drapery store in the area since 1853. This was purchased in 1898 by Dimelow & Gaylard, a drapery firm from Maryborough, and in 1904 it was taken over by John Jeffery, who retained the by-then colloquial name Dimmeys. The original store suffered fire damage in 1906, and in 1907 a new steel-framed building designed by the Tompkins brothers was built by Robert McDonald. It retained the narrow 1878 facade on Swan Street but had a new American Romanesque facade along Green Street. In 1910 Jeffery began a rebuilding program, with the extension of the store to the west in the same style as the Green Street facade, and also the construction of the clock tower, and he also changed the name to

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Dimmeys Model Stores, to reflect its high-fashion status. The globe on top of the tower was then clad with ruby glass (replaced in 1939 with copper) with 'Dimmeys' written on it. This was lit from inside and was visible for miles. The store was extended further along Swan Street in c1915 and c1918, when Jeffery also replaced the front facade of Britten's 1878 store. This resulted in uniform facades extending 39 metres along Swan Street and 67 metres along Green Street in the post-war period it ceased manufacturing and became one of the most prominent bargain stores in Melbourne. The cast iron verandahs on Swan Street were removed in 1959. In the 1960s the Roman numerals on the clock faces were replaced with the letters DIMMEYSSTOR In 1986 Dimmeys acquired another store to the west, and extended the store to Byron Street in a similar style to the original. The company collapsed in 1996 and was sold In 2004 the local artist Hayden Dewar was commissioned to paint a series of murals representing the history of the store and of Victoria since 1853 along the Green Street façade The main feature is the four level clock tower, which is a local landmark. On each side of the top of the tower are four clock faces with the Roman numerals now replaced by the letters DIMMEYS STORE, and the name DIMMEYS is also painted on the four balconies below. At the top of the tower is a dome, supported on decorative arches above the clock faces, and this is surmounted by a large copper globe. There is now a cantilevered verandah on Swan Street, but a cast iron verandah has been added to the 1986 brick addition on the west end of the store. Large modern plate glass windows have replaced the original display cases on the ground floor. Much of the Swan Street facade and the tower have been painted.”

23. The existing department store does not have any on-site car parking, and servicing of the

site (loading) is undertaken from Green Street, in the south-eastern corner of the site. There is also a vehicle crossover providing access into the building from Byron Street.

24. The site comprises two titles, one being the larger parcel of land containing the main building

(Volume 9988, Folio 526), and the other a small parcel of land in the rear south-western corner (Volume 10382, Folio 372). The larger parcel of land is affected by two easements in favour of Melbourne Metropolitan Board of Works (“MMBW”) and City of Yarra, as well as a caveat over an electrical substation and associated access ways in the south-east corner of the site. While development is proposed over these easements / areas affected by the caveat, it is understood that appropriate access to these easements / areas affected by the caveat will be maintained.

Figure 3: Dimmeys

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Surrounds

General 25. The site is located within the Swan Street Major Activity Centre (“SSMAC”), a key retailing

precinct within the City of Yarra that extends between Punt Road to the west and Bendigo Street to the east. The SSMAC has a diversity of functions, with the section between Punt Road and Lennox Street containing a number of entertainment venues and food and drink establishments. The section between Lennox and Church Streets contains a broader mix of general retailing uses, and further east from Church Street, the SSMAC provides an array of furniture and home ware stores, specialist retailing and service industry functions. The diversity of the retail environment is enjoyed by local residents and as a destination for others from the greater Melbourne area.

26. The area is well serviced by a number of transport options within an approximate 500m

radius of the site, including the Richmond railway station to the west of the site (providing access to the Frankston, Cranbourne/Dandenong and Sandringham lines); East Richmond railway station to the east of the site (providing access to the Lilydale, Belgrave, Alamein and Glen Waverley lines); a tram route along Swan Street connecting the Docklands / City with Wattle Park; a tram route along Church Street connecting Richmond with St Kilda; north-south bus routes along Punt Road; vehicular access to the main distributer roads; and access to a number of cycle routes.

27. The area directly surrounding the subject site between Botherambo Street to the west and

Brighton Street to the east is located within the Swan Street Heritage Precinct. The significance of that precinct is identified as:

(a) one of the major early commercial thoroughfares in the former City of Richmond, with a

good collection of well-preserved, mainly Victorian and Edwardian commercial buildings, containing a mixture of shops, hotels and other commercial buildings, many of which are substantially intact at first floor level, with a number of historic shopfronts at ground floor, including those dating from the interwar period;

(b) For the landmark or individually significant buildings from all eras including early hotels,

from the gold rush era, and famous retail stores such as Maples, Dimmeys and Ball and Company, many with architecturally significant upper facades; and

(c) As a good illustration of commercial architectural styles in the City, from the late 1850s

to the inter-war period. 28. Swan Street itself is identified as a ‘VicRoads Arterial Road’, providing an east-west

connection between the City of Melbourne and the eastern suburbs. The road has a width of approximately 12.5m, with two lanes of through traffic in either direction. The road has a shared function with parallel parking within the kerbside lanes, which become ‘clearways’ during the am/pm commuter periods. The central lanes are shared with the No. 70 Tram Route which connects Docklands/City and Wattle Park. On each side of the road is a footpath that is approximately 4m wide. Dedicated pedestrian crossings are provided across Swan Street at the intersection with Lennox Street (100m to the west of the site) and between Clifton and Waverley Street (70m to the east of the site).

North

29. To the immediate north of the site, on the opposite side of Swan Street, is a series of retail

premises 2-3 storeys in height and of a predominantly Victorian era construction with some infill development. The uses include general retailing at ground floor, with a mix of cafes, restaurants, furniture stores and a bank. There is limited residential accommodation at upper levels. The majority of these premises are identified as being of contributory or individual

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significance within the Swan Street Heritage Precinct under clause 22.02 of the Yarra Planning Scheme as examples of substantially intact Victorian era shopfront tenancies.

30. Further to the north beyond the Swan Street retail strip is a fine grain predominantly

residential area, with dwellings and multi-unit residential developments typically between 1-3 storeys in height. This residential area is again typified by predominantly Victorian and Edwardian era construction of a domestic nature, with examples of contemporary infill development. The land within this residential area rises toward Richmond Hill where there are glimpse views available towards Swan Street and the areas further to the south.

East

31. The Swan Street retail strip continues to the east of the site and includes cafes, a

supermarket, dry cleaners and clothing stores in buildings predominantly 2 storeys in height. 32. To the immediate east of the site is Green Street, a 7m wide road running north-south

between Swan Street and the rail reserve. Green Street provides through connection to Railway Place which itself runs east-west from Green Street to an open air public car park situated behind the Swan Street retail strip. Footpaths on either side of Green Street are approximately 1.5 metres wide, and 1 hour restricted, parallel car parking is provided on either side of the street.

33. The built form along Green Street includes a two storey Victorian era café premises on the

corner of Green and Swan Street, and modern 2-3 storey buildings for the remaining length. This modern infill development includes office/commercial uses towards the intersection with Swan Street, and 5, three-storey townhouses/apartments with roof top gardens towards its intersection with Railway Place. There are two vehicle crossovers on the east side of Green Street which provide access to garages associated with the townhouses/apartments. Further vehicular access to these properties is from Railway Place and a Right of Way (“ROW”) to their rear.

34. Further to the east of the site are two open air car parks, the main entrance to a

supermarket, and the East Richmond Railway Station. This area is known as the “East Richmond Station Precinct”, and forms part of an urban design project that is seeking to improve the streetscape and public realm quality.

South

35. To the immediate south of the site is a rail reserve linking the CBD with eastern suburbs (via

the Lilydale, Belgrave, Alamein and Glen Waverley lines). A pedestrian/cycle underpass is situated just east of Green Street, providing a physical connection to the southern parts of Cremorne.

36. Further to the south beyond the rail reserve, is a small, fine-grain residential area surrounded

by a commercial and industrial area. The residential area is typically developed with Victorian-era worker cottages and some later developments of between 1-3 storeys in height. There is also a moderate sized recreational park within this area on the corner of White Street and Railway Crescent. The park contains a children’s play space, grassed area, and other typical park furniture. The commercial and industrial area surrounding this residential pocket is reminiscent of Cremorne’s industrial and manufacturing past with larger format premises.

West

37. The Swan Street retail strip continues to the west of the site and includes typical fine-grain,

Victorian era developments ranging in height from 2-3 storeys.

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38. To the immediate west of the site is Byron Street, a narrow road measuring 4.2-4.5m in width and running north-south between Swan Street and terminating at the rail reserve. Byron Street provides for two way traffic with ‘no standing’. However there are two informal car parking spaces at the end of Byron Street. There is a narrow footpath of approximately 1m on either side of the road.

39. Development along Byron Street is constructed to the street frontage. Towards the Swan

Street end is a two storey, Victorian-era shop in use as a café/patisserie at ground floor, with accommodation above. There are a series of windows on the upper floor level, and a large exhaust flu that protrudes from the roof. To the rear of the café is an open-air car park set in front of a two storey modern commercial building. Adjacent to this is another open-air car park that extends from Byron Street through to Kipling Street.

40. At the opposite end of Byron Street, directly adjoining the rail reserve, is a substantial two

storey warehouse building that has been converted into a number of different occupancies. This building has two occupancies that present to Byron Street, both being in residential use. The occupancy at ground floor level has single aspect to Byron Street and contains one large warehouse style window. This occupancy appears to have a split level with ground floor and mezzanine. The window of this occupancy is predominantly obscure glazed, however does have some panes of glass that are clear at a higher level. This occupancy also benefits from an on-site car parking space accessed through a roller door along the Byron Street frontage. The upper floor level appears to have a similar layout, however also benefits from a large window to the south.

Recent development applications within the immediate Precinct 41. 123 – 133 Swan Street, Richmond (PL10/0297):

(a) is located partly within a Business 1 zone and subject to the Swan Street Heritage Overlay;

(b) the application seeks approval for the construction of a six storey mixed use building comprising retail, office and 17 dwellings, including part demolition, a reduction in the standard rate of car parking and a waiver of loading bay facilities.

(c) a request for further information has been made by Council, once this has been received the application will proceed to advertising.

Proposal 42. The application is for the use and development of the land for the construction of a 10 storey

mixed use development over two basement levels, including refurbishment works to the retained façade; use of the land for the purpose of retail, dwellings, offices and art and craft centres; road works to Green Street, including the installation of a bicycle path; and a reduction in the car parking and bicycle parking requirements of the Yarra Planning Scheme. Further details of the proposed use and development are:

Use

(a) One larger format shop premises (2,768sqm) for use as a supermarket at ground floor level (including ancillary office and back-of-house areas at 1st floor level) - no permit is required for the use;

(b) One smaller shop premises (423sqm) at ground floor level – no permit is required for the use;

(c) 15 loft spaces for use as either dwellings, offices, or artist studios (art and craft centres) at 1st – 2nd floor levels; and

(d) 82 dwelling units containing a mix of 23 one bed / one bed + study units, and 59 two bed units within the 1st -9th floor levels).

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Built form and siting

(e) Partial demolition of the building as set out on plans at Attachment 1 (no planning permit required given the Heritage Victoria permit);

(f) Construction of two basement levels below the retained building for use as car parking and associated functions to support the aforementioned uses;

(g) Construction of an oval shaped residential tower rising to ten storeys in height in the south-western corner of the site. The tower would be set back 21.15m from the northern boundary, 2.0m from the western boundary, 31.47m from the eastern boundary, and 2.7m from the southern boundary. It would rise to a height of 36.05m above ground level.

(h) Construction of three smaller protruding built forms, two of which are centrally located and attached to the residential tower, the northern-most being two storey in height above roof level and the rear being one storey in height above roof level. These collectively would be setback approximately 20m from the northern boundary, 2.54m from the eastern boundary and 13.2m from the southern boundary. They would be separated from the western boundary by the tower element. The third projection is proposed to be set within the north-western corner of the site set back 3.6m from the north boundary.

(i) General works of restoration including replacement verandah, restoration of building facades, reinstatement of window openings are all approved by the Heritage Victoria permit.

(j) Provision of an integrated piece of art work along the new southern boundary wall by local artist Ralf Kempken depicting children of Richmond from a bygone era.

General functional matters

(k) Private open space in the form of a terrace or balcony area with a minimum size of 10sqm is provided for all dwellings;

(l) A large area of communal open space is provided at roof level above the retained Dimmeys building.

Access, parking, refuse storage and collection

(m) Vehicle access provided to a dedicated residential car park at Basement 2 level from Byron Street will provide 90 resident parking spaces and 10 visitor spaces (total 100 spaces).

(n) Provision of 25 secure, resident bicycle parking spaces, 10 visitor bicycle parking spaces, and storage enclosures for each of the residential units in the residential car park.

(o) Vehicle access to a dedicated commercial car park at Basement 1 level from Green Street providing 74 car parking spaces.

(p) Provision for 8 secure, bicycle parking spaces, plant service equipment, a travelator to access the supermarket, a trolley store, and a bin storage area for the residential component of the development in the Basement 1 level.

(q) Loading bay facilities and back-of-house operational areas at ground level accessed from Green Street. This area would also provide for waste storage for the commercial components of the development and a substation.

(r) Two residential lobby areas are proposed, one accessed from the north- western corner of Swan and Byron Streets and a second lobby area accessed from Green Street. This second lobby area will require the removal of a 3.0m section of the mural which is proposed to be internalised within the lobby.

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Streetscape works

(s) Alterations to Green Street, including removal of on-street car parking along the eastern side of the street, and works to the pavement on the western side of the street to facilitate a bicycle path and bin outstand.

Landscaping

(t) Provision of landscaping within the communal open space at roof level is proposed. ESD features

(u) Average 6-Star House Energy Rating

(v) Energy efficient air-conditioning and lighting strategies

(w) Water metering for individual apartments

(x) Natural ventilation strategies to apartments

(y) Rain water harvesting for toilet flushing, washout and irrigation

(z) Demolition and construction waste recycling targets External materials and finishes (z) A combination of clear and coloured glazing, bronze powder coated framing, precast

concrete. Accompanying information / professional reports

43. A number of perspectives have been submitted with the application providing impressions of

the proposed development when viewed from the north, south, east, and west. The perspectives show the development superimposed with existing surrounding built form conditions.

44. A number of professional reports have also been included with the application, providing an

analysis of the key aspects of the proposal. These include:

(a) Statutory Planning Report;

(b) Urban Design and Context Report;

(c) Traffic Engineering Report;

(d) ESD Report;

(e) Landscape Planning Report;

(f) Waste Management Plan;

(g) Acoustic Assessment Report;

(h) Urban Art Report; and

(i) Wind Assessment Report. Revisions

45. In response to concerns raised by Council Officers in relation to urban design considerations

(amongst other things), the applicant submitted revised plans which include the following changes:

(a) Inclusion of an internal staircase connecting the ground floor commercial tenancy with the ancillary office / amenities at first floor level;

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(b) Inclusion of a security gate to the retail back-of-house area to align with the front of the substation on the eastern elevation;

(c) Realignment of WC and kitchen areas within loft units L1.03 to L1.11, and L1.14;

(d) Setback of the south-facing wall to L1.01 by approximately 2.5m, and the provision of a balcony within this space;

(e) Installation of acoustically treated glass within the south facing windows to L1.02;

(f) Installation of acoustically treated glass to the windows of U1.17;

(g) Provision of a pergola over the terrace accessed from the bedrooms of U3.15;

(h) Provision of a 1.8m high privacy screen set approximately 1.8m to the south of the terrace accessed from the bedrooms of U3.15;

(i) Setback of the terrace to U3.14, and the terrace accessed from Bed 1 to U3.13; and

(j) Provision of a 1.8m high screen between the terrace to U3.13 and the terrace accessed off the lobby.

46. The revised plans were not formally substituted under the Planning and Environment Act

(1987) and therefore do not comprise a formal amendment to the proposal. The revised material will be used as a reference in the consideration of the proposal. The changes have no amenity impacts and seek to improve different elements of the proposal and as such, could be addressed through planning permit conditions should Council support the proposal.

Planning Controls Zoning

Business 1 Zone (B1Z) 47. Pursuant to clause 34.01 of the Yarra Planning Scheme (the Scheme), the site is located

within a B1Z, of which the purpose is:

(a) to implement the State Planning Policy Framework and Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies; and,

(b) to encourage the intensive development of business centres for retailing and other complementary commercial, entertainment and community uses.

48. Pursuant to the ‘Table of Uses’ at clause 34.01-1 of the Scheme, a planning permit is not

required for use of the site as a shop (including a supermarket). A planning permit is however required for use of the site as dwelling and office (given that the frontage to these uses at ground floor level exceeds 2m), and as art and craft centres.

49. Pursuant to clause 34.01-4 of the Scheme, a planning permit is also required to construct a

building, or construct or carry out works (“buildings and works”). 50. The decision guidelines of the B1Z relevant to use include:

(a) the State Planning Policy Framework and Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies;

(b) the effect that existing uses may have on the proposed use;

(c) the drainage of the land;

(d) the availability of and connection to services;

(e) the effect of traffic to be generated on roads; and

(f) the interim use of those parts of land not required for the proposed use.

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51. The decision guidelines of the B1Z relevant to buildings and works include:

(a) the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local policies;

(b) the movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal, emergency services and public transport;

(c) the provision of car parking;

(d) the interface with adjoining zones, especially the relationship with residential areas;

(e) the streetscape, including the conservation of buildings, the design of verandahs, access from the street front, protecting active frontages to pedestrian areas, the treatment of the fronts and backs of buildings and their appurtenances, illumination of buildings or their immediate spaces and the landscaping of land adjoining a road;

(f) the storage of rubbish and materials for recycling;

(g) defining the responsibility for the maintenance of buildings, landscaping and paved areas;

(h) the availability of and connection to services; and

(i) the design of buildings to provide for solar access.

(j) the objectives, standards and decision guidelines of Clause 54 and Clause 55. This does not apply to a development of four or more storeys, excluding a basement.

Overlays 52. The subject site is affected by the following overlays:

(a) Heritage Overlay

(b) City Link Project Overlay

Heritage Overlay: Schedule 360, Dimmeys (HO360) and Heritage Overlay: Schedule 335, Swan Street Precinct (HO335)

53. Pursuant to clause 43.01 of the Scheme, the majority of the site is located within HO360,

while a small section located towards the south-western corner of the site is located within HO335.

54. The purpose of the Heritage Overlay is:

(a) to implement the State Planning Policy Framework and Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies;

(b) to conserve and enhance heritage places of natural or cultural significance;

(c) to conserve and enhance those elements which contribute to the significance of heritage places;

(d) to ensure that development does not adversely affect the significance of heritage places; and

(e) to conserve specifically identified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.

55. Pursuant to clause 43.01-2 of the Scheme, no planning permit is required under the Heritage

Overlay to develop a heritage place which is included on the Victorian Heritage Register (“VHR”). The whole of the Dimmeys site is included on the VHR (Ref. H2184), and therefore no planning permit is required for the development of this site under the Heritage Overlay.

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The applicants are required to obtain approval for the works to the registered heritage place under a separate permit process with Heritage Victoria.

56. However, there are some works that are proposed within the road reserve along Green

Street which is affected by HO335. Pursuant to clause 43.01-1 of the Scheme, a planning permit is required to construct or carry out workings involving road works and street furniture, and bicycle paths.

57. The decision guidelines of the Heritage Overlay include:

(a) the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local policies;

(b) the significance of the heritage place and whether the proposal will adversely affect the natural or cultural significance of the place;

(c) any applicable statement of significance, heritage study and any applicable conservation policy;

(d) whether the demolition, removal or external alteration will adversely affect the significance of the heritage place; and

(e) whether the proposed works will adversely affect the significance, character or appearance of the heritage place.

58. Council’s consideration of heritage matters is limited to the proposed road works in Green

Street.

City Link Project Overlay (“CLPO”) 59. Pursuant to clause 45.07 of the Scheme, the site is located within the CLPO, the purpose of

which is:

(a) to implement the State Planning Policy Framework and Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies;

(b) to ensure the efficient construction, operation and maintenance of the Melbourne City Link Project and Exhibition Street Extension Project; and

(c) to ensure that the display of a Business identification sign on land no longer required for the Melbourne City Link Project or Exhibition Street Extension Project is limited to a level that does not compete with the display of signs shown on the plan titled “Melbourne City Link Project – Advertising Sign Locations November 2003”.

60. Pursuant to clause 45.07-1 of the Scheme, a permit is required to both use and develop land

in the City Link Project area as the proposed uses are not part of the Melbourne City Link Project or the Exhibition Street Extension Project.

61. Clause 45.07-6 of the Scheme requires this application to be referred under Section 55 of the

Planning and Environment Act 1987 (the Act) to the Roads Corporation (VicRoads). These referral comments only relate to how the proposal will affect the City Link Project Overlay.

General and Particular Provisions 62. The following general provision of the Scheme is relevant:

(a) Clause 65: Decision Guidelines

Decision Guidelines 63. Pursuant to clause 65 of the Scheme, before deciding on an application or approval of a

plan, the responsible authority must consider, as appropriate:

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(a) the matters set out in Section 60 of the Act;

(b) the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies;

(c) the purpose of the zone, overlay or other provision;

(d) any matter required to be considered in the zone, overlay or other provision;

(e) the orderly planning of the area;

(f) the effect on the amenity of the area;

(g) the proximity of the land to any public land;

(h) factors likely to cause or contribute to land degradation, salinity or reduce water quality;

(i) whether the proposed development is designed to maintain or improve the quality of stormwater within and exiting the site;

(j) the extent and character of native vegetation and the likelihood of its destruction;

(k) whether native vegetation is to be or can be protected, planted or allowed to regenerate; and

(l) the degree of flood, erosion or fire hazard associated with the location of the land and the use, development or management of the land so as to minimise any such hazard.

64. The following particular provisions of the Scheme are relevant:

(a) Clause 52.06: Car Parking;

(b) Clause 52.07: Loading and Unloading of Vehicles;

(c) Clause 52.29: Land adjacent to a Road Zone, Category 1;

(d) Clause 52.34: Bicycle Facilities;

(e) Clause 52.35: Urban Context Report and Design Response for Residential Development of Four or More Storeys; and

(f) Clause 52.36: Integrated Public Transport Planning

Car Parking 65. Pursuant to clause 52.06-5 of the Scheme, the following car parking requirements apply to

the development:

Land Use Rate Number / Floor Area

No. of car spaces

required Dwellings 2 per

dwelling 82 units + 7

lofts 178

Shop 8 spaces to each 100 sq m of leasable floor area

3,191 sq m 255

Office 3.5 spaces to each 100 sq m of net floor area

8 lofts / Approximately

1,098 sq m

38

Art and Crafts Centre

**Not

specified

- -

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** Where no car parking is specified within the table at clause 52.06-5, an adequate number of car parking spaces must be provided to the satisfaction of the Responsible Authority. For the purpose of quantifying the car parking required for the loft spaces, which have been nominated for a range of uses including dwelling, office, or artist studio (art and craft centre), the submitted Traffic Report has calculated a parking requirement based on the allocation of seven as dwellings and eight as offices. This is considered a reasonable basis for calculation of car parking for the loft spaces.

66. Clause 52.06-1 of the Scheme specifies that a planning permit may be granted to reduce or

waive the number of car parking spaces required by the table. Pursuant to this provision a total of 4711 car spaces would be required. A total of 174 on-site car parking spaces are proposed, therefore a formal reduction of 297 spaces would be required.

67. The decision guidelines in respect of the reduction of car parking include:

(a) any relevant parking precinct plan;

(b) the availability of car parking within the area;

(c) the availability of public transport within the area;

(d) any reduction in car parking demand due to the sharing of car spaces by multiple uses, either because of variation of car parking demand over time or because of efficiencies gained from the consolidation of shared car parking spaces;

(e) any car parking deficiency or surplus associated with the existing use of the land;

(f) any credit which should be allowed for a car parking demand deemed to have been provided in association with a use which existed before the change of parking requirement;

(g) local traffic management;

(h) local amenity including pedestrian amenity;

(i) an empirical assessment of car parking demand;

(j) any other relevant consideration. 68. Other matters relevant to consideration of car parking at Clause 52.06 of the Scheme relate

to the design and layout of car parking (clauses 52.06-2 and 3). Parking matters are considered in the assessment section of this report.

Loading and Unloading of Vehicles

69. Pursuant to clause 52.07 of the Scheme, the provision of an appropriate loading bay facility

is required for the loading and unloading of commercial vehicles associated with manufacture, servicing, storage or sale of goods or materials. The following table outlines the requirement:

Floor area of

building Minimum loading bay dimensions

2,600 sq m or less in single occupation

Area 27.4 sq m Length 7.6 m

Width 3.6 m Height clearance 4.0 m

For every additional 1,800

sq m or part

Additional 18 sq m

1 There is a discrepancy within clause 52.06 car parking requirements in the submitted Traffic Report which calculates a requirement of 490 car spaces because it has been based on incorrect dwelling numbers.

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70. A permit may be granted to reduce or waive these requirements if either the land area is insufficient; or, adequate provision is made for loading and unloading vehicles to the satisfaction of the Responsible Authority.

71. One loading bay to be utilised by the supermarket tenancy is provided for at the rear of the

site, accessed from Green Street in a similar location to that already existing. The dimensions for this loading bay satisfy the requirements of this clause. No provision for a loading bay has been made for the smaller shop tenancy. Under the provisions of this clause, a permit may be granted to reduce or waive these requirements.

72. Consideration of the adequacy of the loading bay facilities is contained within the

assessment section of the report.

Land adjacent to a Road Zone Category 1 73. Pursuant to clause 52.29 of the Scheme, a planning permit is required to alter access to a

road in a Road Zone, Category 1. Whilst the proposal includes the provision of a bicycle lane within Green Street, there are no proposed alterations to the access at Swan Street (the Road Zone). As such there is no planning permit required under this clause and no referral required from VicRoads. However the comments that VicRoads has provided as an interested party will be treated as a submission to the application.

Bicycle facilities

74. Pursuant to clause 52.34-1 of the Scheme, a new use must not commence until the required

bicycle facilities and associated signage have been provided on the land. The following table outlines the requirements:

Use Employee /

Resident Visitor / Shopper / Student

Requirement

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

In developments of four or more storeys, 1 to each 10 dwellings

18 residential spaces 9 visitor spaces

Shop 1 to each 600 sq m of leasable floor area if the leasable floor area exceeds 1000 sq metres

1 to each 500 sq m of leasable floor area if the leasable floor area exceeds 1000 sq metres

6 employee spaces 7 visitor / shopper spaces

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

1 to each 1000 sq m of net floor area if the net floor area exceeds 1000 sq m

3 employee spaces 1 visitor space

Art and Craft Centre

No requirement

No requirement

-

75. Based on the above table, there is a statutory requirement for the development to provide 27

bicycle spaces for the residential component, 13 spaces for the shop component, and 4 spaces for the office component; a total of 44 onsite bicycle parking spaces. A total of 25

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resident bike spaces and 10 visitor bike spaces are proposed to be provided in the Basement 2 car parking area. This exceeds the statutory requirement for residential use.

76. A total of 8 spaces for the commercial uses have been provided in the commercial car park

in Basement 1. This is 9 less than the statutory requirement. It is noted that additional bicycle parking facilities could be accommodated within the basement car park or on the pavement along Swan Street to achieve compliance with this requirement. In the event that the application is considered acceptable, a condition of permit would require the provision of 9 additional bicycle parking spaces to the satisfaction of the Responsible Authority.

77. Additionally there is a Planning Scheme requirement for one shower and change room

facility for employees to be provided. Employees would have access to a shower and change room facility within the communal facilities at first floor level which would satisfy this requirement. A condition will require access be made available for this purpose.

78. Other matters relevant to consideration at clause 52.34.of the Scheme relate to the design of

bicycle facilities and directional signage (clauses 52.34-4 and 5). Bicycle parking matters are considered further in this report

Urban Context Report and Design Response for Residential Development of Four or More Storeys

79. Pursuant to clause 52.35 (Urban context report) of the Scheme, an application for a

residential development of four or more storeys must be accompanied by an urban context report and a design response.

80. Sufficient information has been provided by the applicant to meet the requirements of this

clause.

Integrated Public Transport Planning 81. Pursuant to clause 52.36 of the Scheme, an application that includes more than 60 dwellings

must be referred to the Director of Public Transport (“DoPT”). Accordingly, the application was referred to the DoPT and will be discussed more fully later in the report.

State Planning Policy Framework (SPPF) 82. The following SPPF provisions of the Scheme are relevant:

(a) Clause 11: Settlement;

(b) Clause 13: Environmental Risks;

(c) Clause 14: Natural Resource Management;

(d) Clause 15: Built Environment and Heritage;

(e) Clause 16: Housing;

(f) Clause 17: Economic Development;

(g) Clause 18: Transport; and

(h) Clause 19: Infrastructure.

Clause 11: Settlement 83. Clause 11 of the Scheme highlights that planning is to anticipate and respond to the needs of

existing and future communities through the provision of zoned and serviced land for housing, employment, recreation and open space, commercial and community facilities and infrastructure. This clause seeks to facilitate sustainable development that takes advantage of existing settlement patterns, investment in transport and communication, water, sewerage and social facilities, and to prevent environmental problems created by siting incompatible

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land uses close together. Planning is to recognise the need for, and as far as practicable contribute towards:

(a) health and safety;

(b) diversity of choice;

(c) adaptation in response to changing technology;

(d) economic viability;

(e) a high standard of urban design and amenity;

(f) energy efficiency;

(g) prevention of pollution to land, water and air;

(h) protection of environmentally sensitive areas and natural resources;

(i) accessibility; and

(j) land use and transport integration.

84. Pursuant to clause 11.01 (Activity centres) of the Scheme, the following strategy is relevant:

Clause 11.01-2 – Activity centre planning (a) To encourage the concentration of major retail, residential, commercial, administrative,

entertainment and cultural developments into activity centres which provide a variety of land uses and are highly accessible to the community.

85. Pursuant to clause 11.02 (Urban growth) of the Scheme, the following strategy is relevant:

Clause 11.02-1 – Supply of urban land (a) To ensure a sufficient supply of land is available for residential, commercial, retail,

industrial, recreational, institutional and other community uses. Clause 11.02-3 – Structure Planning (a) To facilitate the orderly development of urban areas.

86. It is important to note that work has commenced on the preparation of a structure plan for the

Swan Street Major Activity Centre; however that work has not progressed to a point where it can be considered as a seriously entertained amendment under the Yarra Planning Scheme.

87. Pursuant to clause 11.03 (Open space) of the Scheme, the following strategy is relevant:

Clause 11.03-1 – Open space planning (a) To assist creation of a diverse and integrated network of public open space

commensurate with the needs of the community. 88. Pursuant to clause 11.04 (Metropolitan Melbourne) of the Scheme, the following strategies

are relevant:

Clause 11.04-1 – City structure (a) To facilitate the development of a multi-centred metropolitan structure. Clause 11.04-2 – Activity centre hierarchy (b) To create a network of activity centres.

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89. The Swan Street retail and commercial precinct has been identified as a Major Activity Centre in Melbourne 2030. This clause specifies the following strategies for Principal and Major Activity Centres:

(i) Develop Principal and Major Activity Centres to accommodate ongoing investment and change in retail, office, service and residential markets.

(ii) Ensure Principal and Major Activity Centres:

(aa) Have a mix of activities that generate high numbers of trips including business, retail, services and entertainment.

(bb) Are well served by multiple public transport routes and are on the Principal Public Transport Network or capable of linking to that network.

(cc) Have the potential to grow and support intensive housing developments without conflicting with surrounding land-uses.

(iii) Encourage Major Activity Centres with good public transport links to grow in preference to other centres with poor public transport links serving the same catchment.

Clause 13: Environmental Risks

Clause 13.03-1 – Use of Contaminated and Potentially Contaminated Land (a) to ensure that potentially contaminated land is suitable for its intended future use and

development, and that contaminated land is used safely. 90. Council cannot be satisfied that the site is clear of contaminants and therefore a requirement

for an environmental audit would need to be included as a condition of any permit. Clause 13.04-1 - Noise Abatement

(a) to assist the control of noise effects on sensitive land uses. 91. Noise abatement issues are measured against relevant State Environmental Protection

Policy (SEPP) and other Environmental Protection Authority (EPA) regulations. A detailed assessment of acoustic matters is included in the assessment section of this report.

Clause 14: Natural Resource Management

92. Pursuant to clause 14.02-3 (Water conservation) of the Scheme, the following objective is

relevant:

(a) to ensure that water resources are managed in a sustainable way. 93. The strategies relating to this objective encourage the use of alternative water sources such

as rain water tanks to support sustainable water use and management on sites. The proposed development incorporates water conservation measures and will be discussed in the assessment section of the report.

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Clause 15: Built Form and Heritage 94. The provisions of clause 15 of the Scheme contain a series of objectives and strategies that

seek to ensure that land use and development planning responds to the special characteristics of the place; creates environments that support the sustainable wellbeing of communities; and provides for safe physical and social environments through appropriate location of uses and quality of urban design. In particular, planning should achieve high quality urban design and architecture that:

(a) contributes positively to local urban character and sense of place.

(b) reflects the particular characteristics, aspirations and cultural identity of the community.

(c) enhances liveability, diversity, amenity and safety of the public realm.

(d) promotes attractiveness of towns and cities within broader strategic contexts.

(e) minimises detrimental impact on neighbouring properties. 95. Pursuant to clause 15.01 (Urban environment) of the Scheme, the following strategies are

relevant:

Clause 15.01-1 – Urban design (a) 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 (b) To achieve architectural and urban design outcomes that contribute positively to local

urban character and enhance the public realm while minimising detrimental impact on neighbouring properties. The applicable strategies for achieving this include:

Context

(i) Development must take into account the natural, cultural and strategic context of its location;

(ii) Planning authorities should emphasise urban design policies and frameworks for key locations or precincts;

(iii) A comprehensive site analysis should be the starting point of the design process and form the basis for consideration of height, scale and massing of new development.

The public realm

(iv) The public realm, which includes main pedestrian spaces, streets, squares, parks and walkways, should be protected and enhanced.

Safety

(v) New development should create urban environments that enhance personal safety and property security and where people feel safe to live, work and move in at any time.

Landmarks, views and vistas

(vi) Landmarks, views and vistas should be protected and enhanced or, where appropriate, created by new additions to the built environment.

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Pedestrian spaces

(vii) Design of interfaces between buildings and public spaces, including the arrangement of adjoining activities, entrances, windows, and architectural detailing, should enhance the visual and social experience of the user.

Heritage

(viii) New development should respect, but not simply copy, historic precedents and create a worthy legacy for future generations.

Consolidation of sites and empty sites

(ix) New development should contribute to the complexity and diversity of the built environment.

(x) Site consolidation should not result in street frontages that are out of keeping with the complexity and rhythm of existing streetscapes.

(xi) The development process should be managed so that sites are not in an unattractive, neglected state for excessive periods and the impacts from vacant sites are minimised.

Light and shade

(xii) Enjoyment of the public realm should be enhanced by a desirable balance of sunlight and shade.

(xiii) This balance should not be compromised by undesirable overshadowing or exposure to the sun.

Energy and resource efficiency

(xiv) All building, subdivision and engineering works should include efficient use of resources and energy efficiency.

Architectural quality

(xv) New development should achieve high standards in architecture and urban design.

(xvi) Any rooftop plant, lift over-runs, service entries, communication devices, and other technical attachment should be treated as part of the overall design.

Landscape architecture

(xvii) Recognition should be given to the setting in which buildings are designed and the integrating role of landscape architecture.

96. In considering the design and built form of a proposal, the Department of Sustainability and

Environment’s (DSE) Design Guidelines for Higher Density Housing (Higher Density Guidelines) are referred to as a tool to assist in the consideration of the above mentioned design principles and objectives. A detailed consideration of design and built form matters with reference to the Higher Density Guidelines is provided in the assessment section of this report.

Clause 15.01-4 – Design for safety (c) To improve community safety and encourage neighbourhood design that makes people

feel safe. Clause 15.01-5 – Cultural identity and neighbourhood character

(d) To recognise and protect cultural identity, neighbourhood character and sense of place.

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97. Pursuant to clause 15.02 (sustainable development) of the Scheme, the following strategy is

relevant:

Clause 15.02-1 – Energy and resource efficiency

(a) To encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

98. Pursuant to clause 15.03 (Heritage) of the Scheme, the following strategy is relevant:

Clause 15.03-1 – Heritage conservation

(a) To ensure the conservation of places of heritage significance.

Clause 16: Housing 99. The provisions of clause 16 of the Scheme seek to ensure there is diversity in housing

choice, and dwellings have access to services including walkability to activity centres, public transport, schools and open space.

100. Pursuant to clause 16.01 (Residential development) of the Scheme, the following objectives

are relevant:

Clause 16.01-1 – Integrated housing (a) To promote a housing market that meets community needs. Clause 16.01-2 – Location of residential development (b) To locate new housing in or close to activity centres and employment corridors and at

other strategic redevelopment sites that offer good access to services and transport. Clause 16.01-3 – Strategic redevelopment sites (c) To identify strategic redevelopment sites for large residential developments in

Metropolitan Melbourne. The criteria for classifying a strategic redevelopment site are included at this clause as:

(i) in and around Central Activities Districts;

(ii) in or within easy walking distance of Principal or Major Activity Centres;

(iii) in or beside Neighbourhood Activity Centres that are served by public transport;

(iv) on or abutting tram, train, light rail and bus routes that are part of the Principal Public Transport Network and close to employment corridors, Central Activities Districts, Principal or Major Activity Centres;

(v) in or near major modal public transport interchanges that are not in Principal or Major Activity Centres;

(vi) able to provide 10 or more dwelling units, close to activity centres and well served by public transport.

Clause 16.01-4 – Housing diversity (d) To provide a range of housing types to meet increasingly diverse needs. Clause 16.01-5 – Affordable housing (e) To deliver more affordable housing closer to jobs, transport and services.

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101. The provisions as they relate to housing offer strong policy support for the proposed

development; particularly given the site’s activity centre location, access to public transport and employment opportunities, and its ability to accommodate a large amount of housing with minimal amenity impacts (overshadowing/overlooking/etc.)

Clause 17: Economic development

102. The provisions of clause 17 of the Scheme seek to foster economic prosperity for and within

communities. 103. Pursuant to clause 17.01 (Commercial) of the Scheme, the following objective is relevant:

Clause 17.01-1 – Business (a) To encourage development which meets the communities’ needs for retail,

entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and aggregation and sustainability of commercial facilities.

104. Pursuant to clause 17.03 (Tourism) of the Scheme, the following objective is relevant:

Clause 17.03-2 – Tourism in Metropolitan Melbourne (a) To maintain and develop Metropolitan Melbourne as a desirable tourist destination.

105. The provision of revitalised retail floor space, small offices and artist workshops within the

proposed development would bolster economic prosperity and sustainability of the commercial environment. This would contribute to the viability of the retail precinct and the continuance of Swan Street as a tourist destination.

Clause 18: Transport

106. The provisions of clause 18 of the Scheme seek to ensure an integrated and sustainable

transport system. 107. Pursuant to clause 18.01 (Integrated transport) of the Scheme, the following objectives are

relevant:

Clause 18.01-1 – Land use and transport planning (a) To create a safe and sustainable transport system by integrating land-use and

transport. Clause 18.01-2 – Transport system

(b) To coordinate development of all modes to provide a comprehensive transport system.

108. Pursuant to clause 18.02 (Movement networks) of the Scheme, the following objectives are

relevant:

Clause 18.02-1 – Sustainable personal transport (a) To promote the use of sustainable personal transport.

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Clause 18.02-2 – Cycling (b) To integrate planning for cycling with land use and development planning and

encourage as alternative modes of travel. Clause 18.02-4 – Management of the road system

(c) To manage the road system to achieve integration, choice and balance by developing

an efficient and safe network and making the most of existing infrastructure. Clause 18.02-5 – Car parking (d) To ensure an adequate supply of car parking that is appropriately designed and

located.

109. The proximity of the site to key transport infrastructure including public and private transport options, and the personal transport environment for walking and cycling, ensure that this development is appropriately located with regard to transport infrastructure. A full discussion of transportation and traffic will be undertaken in the assessment section of the report and includes comments from the Department of Transport who support the development subject to conditions. Clause 19: Infrastructure

110. Pursuant to clause 19.03 (Development infrastructure) of the Scheme, the following

objectives are relevant: Clause 19.02-3 - Cultural Facilities (a) To develop a strong cultural environment and increase access to arts, recreation and

other cultural facilities.

Clause 19.03-3 – Stormwater (a) To reduce the impact of stormwater on bays and catchments.

Clause 19.03-5 – Waste and resource recovery (b) To avoid, minimise and generate less waste to reduce damage to the environment

caused by waste, pollution, land degradation and unsustainable waste practices.

111. The proposal incorporates the potential for small artist studios at first and second floor. Additional to this, a local artist has been engaged to prepare a second art wall on the site along the southern boundary.

112. The proposal also employs inherent sustainable practices through the retrofitting of an

existing building thus reusing the existing building material. The use of water recycling on site will also assist in relieving the impact of stormwater on bays and catchments.

Local Planning Policy Framework (LPPF) 113. The following provisions of the LPPF are the most relevant to this application: Clause 21: Municipal Strategic Statement (MSS) 114. The MSS provides a broad demographic overview of the municipality and is structured into

four themes consisting of ‘land use’, ‘built form’, ‘transport’ and ‘sustainability’. The MSS acknowledges that whilst Yarra has a growing population, demographically the size of households is decreasing with fewer children and the elderly than the rest of Melbourne.

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115. For each of the four themes above, the MSS provides a series of objectives and strategies to

support a vision for the municipality. The four themes and their corresponding objectives and strategies are:

(a) Land use

Accommodation and housing

Objective 1 To accommodate forecast increases in population. Strategy 1.1 Ensure that new residential development has proper regard for the strategies

applicable to the neighbourhood in question identified in clause 21.08. Strategy 1.2 Direct higher density residential development to Strategic Redevelopment

Sites identified at clause 21.08 and other sites identified through any structure plans or urban design frameworks.

Strategy 1.3 Support residual population increases in established neighbourhoods.

Objective 2 To retain a diverse population and household structure. Strategy 2.1 Support the provision of affordable housing for people of all abilities,

particularly in larger residential developments and on Strategic Redevelopment Sites.

Strategy 2.2 Encourage residential development which allows people to age in their existing homes and communities by supporting a range of housing types.

Objective 3 To reduce potential amenity conflicts between residential and other uses. Strategy 3.1 Ensure new residential development in the Mixed Use, Business 1, Business

2, and Business 5 Zones and near Industrial and Business Zones is designed to minimise the potential negative amenity impacts of existing non-residential uses in the vicinity.

Strategy 3.2 Apply the Interface Uses policy at clause 22.05.

Activity Centres

Objective 4 To maintain a balance between local convenience and regional retail roles in Yarra’s activity centres.

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

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

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

Objective 5 To maintain the long term viability of activity centres. Strategy 5.2 Support land use change and development that contributes to the

adaptation, redevelopment and economic growth of existing activity centres. Strategy 5.3 Discourage uses at street level in activity centres which create dead

frontages during the day. Strategy 5.4 Permit residential development that does not compromise the business

function of activity centres. Objective 7 To encourage the arts and arts venues. Strategy 7.1 Support a diversity of arts uses such as live music venues, performance

spaces, galleries and artist studios in appropriate and accessible locations. Industrial, office and commercial Objective 8 To increase the number and diversity of local employment opportunities. Strategy 8.2 Support home-based businesses.

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Parks, gardens and public open space Objective 12 To establish a linked open space network. Strategy 12.1 Develop shared pathways and linkages between open space areas across

the municipality and to open space adjacent to the municipality. Objective 13 To provide an open space network that meets existing and future community

needs. Strategy 13.1 Apply the Public Open Space Contribution Policy at clause 22.12. Strategy 13.3 Ensure new development does not have a negative impact on adjoining open

space. (b) Built Form Heritage Objective 14 To protect and enhance Yarra's heritage places. Strategy 14.1 Conserve, protect and enhance identified sites and areas of heritage

significance including pre-settlement ecological heritage. Strategy 14.2 Support the restoration of heritage places. Strategy 14.3 Protect the heritage skyline of heritage precincts. Strategy 14.4 Protect the subdivision pattern within heritage places. Strategy 14.5 Protect the significant landscape and heritage within streets, parks, gardens,

waterways or other open spaces. Strategy 14.6 Protect buildings, streetscapes and precincts of heritage significance from

the visual intrusion of built form both within places and from adjoining areas. Strategy 14.8 Apply the Development Guidelines for sites subject to a Heritage Overlay

policy at clause 22.02 Strategy 14.9 Apply the Landmarks and Tall Structures policy at clause 22.03 Urban design Objective 16 To reinforce the existing urban framework of Yarra. Strategy 16.2 Maintain and strengthen the preferred character of each Built Form

Character Type within Yarra. Objective 17 To retain Yarra’s identity as a low-rise urban form with pockets of higher

development. Strategy 17.2 Development on strategic redevelopment sites or within activity centres

should generally be no more than 5-6 storeys unless it can be demonstrated that the proposal can achieve specific benefits such as:

Significant upper level setbacks Architectural design excellence Best practice environmental sustainability objectives in design and construction High quality restoration and adaptive re-use of heritage buildings Positive contribution to the enhancement of the public domain Provision of affordable housing.

Strategy 17.3 Apply the Landmarks and Tall Structures policy at clause 22.03.

Objective 19 To create an inner city environment with landscaped beauty. Strategy 19.1 Require well resolved landscape plans for all new development. Strategy 19.2 Encourage opportunities for planting suitable trees and landscape areas in

new development. Objective 20 To ensure that new development contributes positively to Yarra's urban

fabric.

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Strategy 20.1 Ensure development is designed having particular regard to its urban context and specifically designed following a thorough analysis of the site, the neighbouring properties and its environs.

Strategy 20.2 Require development of Strategic Redevelopment Sites to take into account the opportunities for development on adjoining land.

Strategy 20.3 Reflect the fine grain of the subdivision pattern in building design where this is part of the original character of the area.

Objective 21 To enhance the built form character of Yarra’s activity centres. Strategy 21.1 Require development within Yarra’s activity centres to respect and not

dominate existing built form. Strategy 21.2 Require new development within an activity centre to consider the context of

the whole centre recognising that activity centres may consist of sub precincts, each of which may have a different land use and built form character.

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

Objective 22 To encourage the provision of universal access in new development. Strategy 22.1 Encourage applicants to take into account the access needs of all people in

the design of new buildings. Open Space Objective 28 To a provide a public environment that encourages community interaction

and activity. Strategy 28.1 Encourage universal access to all new public spaces and buildings. Strategy 28.2 Ensure that buildings have a human scale at street level. Strategy 28.3 Require buildings and public spaces to provide a safe and attractive public

environment. Strategy 28.4 Require new development to consider the opportunity to create public

spaces as part of new development. Strategy 28.5 Require new development to make a clear distinction between public and

private spaces. Strategy 28.6 Require new development to consider the creation of public access through

large development sites, particularly those development sites adjacent to waterways, parkland or activity centres.

Strategy 28.7 Discourage the creation of ‘gated communities’ that do not integrate with surrounding areas.

Strategy 28.8 Encourage public art in new development. Strategy 28.9 Apply the Public Open Space Contribution policy at clause 22.12. (c) Transport Walking and cycling Objective 30 To provide safe and convenient pedestrian and bicycle environments. Strategy 30.1 Improve pedestrian and cycling links in association with new development

where possible. Strategy 30.2 Minimise vehicle crossovers on street frontages. Public transport Objective 31 To facilitate public transport usage. Strategy 31.1 Require new development that generates high numbers of trips to be easily

accessible by public transport. The road system and parking

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Objective 32 To reduce the reliance on the private motor car. Strategy 32.1 Provide efficient shared parking facilities in activity centres. Strategy 32.2 Require all new large developments to prepare and implement integrated

transport plans to reduce the use of private cars and to encourage walking, cycling and public transport.

Objective 33 To reduce the impact of traffic. Strategy 33.1 Ensure access arrangements maintain the safety and efficiency of the

arterial and local road networks. Strategy 33.2 Ensure the level of service needed for new industrial and commercial

operations does not prejudice the reasonable needs of existing industrial and commercial operations to access Yarra's roads.

(d) Environmental Sustainability Ecologically sustainable development Objective 34 To promote ecologically sustainable development. Strategy 34.1 Encourage new development to incorporate environmentally sustainable

design measures in the areas of energy and water efficiency, greenhouse gas emissions, passive solar design, natural ventilation, stormwater reduction and management, solar access, orientation and layout of development, building materials and waste minimisation.

Waterway quality Objective 38 To improve the water quality and flow characteristics of storm water run-off. Strategy 38.1 Encourage the use of stormwater retention and treatment devices. Strategy 38.2 Ensure that development:

reduces peak and total volumes of storm water run-off. improves the quality of storm water run-off. minimises the potential for soil erosion and silt deposition.

Clause 21.08 - Neighbourhoods 116. Clause 21.08-2 – (Burnley, Cremorne, South Richmond) describes the neighbourhood in

which the site is located as follows:

(i) the Cremorne area has a truly mixed use character with Victorian cottages, apartments and warehouse conversions intermingled with commercial and industrial uses. This mix of uses is valued by the local community and must be fostered

117. Within this neighbourhood, the SSMAC is the northern boundary to the precinct; of relevance

to this application are two of the three identifiable sub precincts being:

The Richmond Station precinct

(a) Richmond Station is a nodal interchange and the largest station outside the City Loop. The precinct represents a major opportunity to improve the amenity of the area and encourage more local use of the Station.

Swan Street west

(b) This precinct incorporates the core retail area of Swan Street and includes East Richmond Station. Swan Street, unlike the other major activity centres within Yarra, has a smaller pool of non local visitors, reflecting its stronger orientation towards servicing the needs of local residents.

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118. Land use strategies relevant to this proposal include:

(a) Supporting the mixed use nature of development in the Cremorne area. 119. Relevant built form strategies include:

(a) Supporting development that maintains and strengthens the preferred character of the relevant Built Form Character type.

(b) Maintain the visual prominence of the Ball Tower of Dimmeys, the Nylex Sign, and Slade Knitwear Sign.

120. Consideration against the applicable objectives and strategies of the MSS is included in the

assessment section of this report. Local Policies 121. The following Local Planning Policies are relevant:

(a) Clause 22.02: Development Guidelines for Sites Subject to the Heritage Overlay;

(b) Clause 22.03: Landmarks and Tall Structures;

(c) Clause 22.04: Interface Uses Policy; and

(d) Clause 22.12: Public Open Space Contributions. Development Guidelines for Sites Subject to the Heritage Overlay 122. Clause 22.02 of the Scheme applies to all development where a planning permit is required

under the Heritage Overlay. In relation to the current application this relates to the road works, street furniture and the bike path only. The objectives of the policy include:

(a) to conserve Yarra’s natural and cultural heritage;

(b) to conserve the historic fabric and maintain the integrity of places of cultural heritage significance;

(c) to retain significant view lines to, and vistas of, heritage places;

(d) to preserve the scale and pattern of streetscapes in heritage places;

(e) to encourage the preservation, maintenance, restoration and where appropriate, reconstruction of heritage places;

(f) to ensure the adaption of heritage places is consistent with the principles of good conservation practice;

(g) to ensure that additions and new woks to a heritage place respect the significance of the place;

(h) to encourage the retention of ‘individually significant’ and ‘contributory’ heritage places; and

(i) to protect archaeological sites of cultural heritage significance.

123. The local policy does not include specific guidelines for the works proposed, and the

acceptability of the works will be based on the decision guidelines of the Heritage Overlay and is considered within the assessment section of the report.

Landmarks and Tall Structures 124. Clause 22.03 of the Scheme applies to all development and includes an objective to maintain

the prominence of Yarra’s valued landmarks and landmark signs. The policy specifies that new buildings within the vicinity of identified landmarks should be designed to ensure that the

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landmarks remain as the principal built form reference. In relation to the current application, its location adjacent to the identified landmark of the Ball Tower of Dimmeys requires consideration against the following policy:

(a) maintain the prominence of Yarra’s valued landmark signs;

(b) protect views to the silhouette and profile of Yarra’s valued landmarks to ensure they remain as the principal built form reference; and

(c) ensure that the profile and silhouette of new tall structures adds to the interest of Yarra’s urban form and skyline.

125. Clause 22.3-4 of the policy specifically states that: (a) New buildings within the vicinity of the following landmarks should be designed to

ensure the landmarks remain as the principal built reference: (i) Ball Tower of Dimmeys, Swan Street 126. Consideration of this policy is included within the assessment section of this report. Interface Uses Policy 127. Pursuant to clause 22.05 of the Scheme, this policy applies to applications for use or

development within:

(a) Mixed Use, Business and Industrial Zones;

(b) a Residential 1 Zone where the subject site is within 30 metres of a Business or Industrial Zone; and

(c) a Residential 1 Zone where the subject site is within 30 metres of an existing business or industrial use

128. The policy has the following objectives:

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

(b) To ensure that residential uses located within or near commercial centres or near industrial uses enjoy a reasonable level of amenity.

129. It is policy that:

(a) New residential use and development in or near commercial centres and activity centres and near industrial uses include design features and measures to minimise the impact of the normal operation of business and industrial activities on the reasonable expectation of amenity within dwellings; and

(b) 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.

130. Consideration of this policy is included in the assessment section of this report. Public Open Space Contributions 131. Pursuant to Clause 22.12 of the Scheme, this policy applies to all residential proposals,

mixed use proposals incorporating residential uses and proposals incorporating residential subdivision.

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132. The objectives of the policy are:

(a) to implement the Yarra Open Space Strategy;

(b) to identify when and where land contributions for public open space are preferred over cash contributions; and

(c) to ensure that where appropriate, land suitable for public open space is set aside as part of the design of a development so that it can be transferred to or vested in Council, in satisfaction of the public open space contribution requirement.

133. For the subject site, a land contribution is preferred over a cash contribution, however the

existing site is constructed with near 100 per cent site coverage, is constrained in terms of its Heritage Victoria registration and thus is not capable of meeting the criteria of this clause. In this case, a cash contribution imposed at the time of subdivision is considered reasonable. A permit note would refer to this requirement.

Advertising 134. The application was advertised pursuant to Section 52 of the Planning and Environment Act

1987 (the Act), by way of 1,153 letters sent to adjoining and neighbouring owners/occupiers and six (6) public notices displayed around the site’s perimeters.

135. Given the scale of the proposal, the application was advertised for a four (4) week period,

and a public information session was held during this period on 8 December 2010. 136. A total of 359 objections, one petition with 45 signatures, and 7 letters of support have been

received by Council at the time of writing. 137. Of the objections received, 304 originated from an online petition and were submitted in a

pro-forma template. Of these objections, 126 pre-dated the application being lodged with Council and are understood to have been generated in response to the Heritage Victoria application. The other 55 objections were individual submissions. The petition also contains signatures of a number of parties that have put in individual submissions.

138. The grounds of objection are summarised as follows: Design and built form

(a) excessive height;

(b) inappropriate architectural response;

(c) inappropriate urban design response in the context of neighbourhood character;

(d) inappropriate density; and

(e) blocks views and reduces the land mark quality of the clock tower. Amenity

(f) overlooking;

(g) loss of privacy;

(h) overshadowing, including Swan Street and the park on White Street;

(i) loss of daylight;

(j) noise disturbance;

(k) light spill; and

(l) would diminish the amenity of the retail precinct.

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Traffic and parking

(m) the scale of the development would result in increased traffic congestion and would impact the operation of the Swan Street tram;

(n) poor access to the development from Swan Street;

(o) inadequate access within Byron Street and Green Street for cars and servicing vehicles;

(p) inadequate provision of on-site car parking for residential and commercial uses;

(q) inadequate provision of bicycle parking facilities;

(r) there would be greater pressure for on-street car parking; and

(s) vehicle movements will compromise pedestrian and cyclist safety. Land use

(t) the proposed uses would harm the retail precinct; and

(u) a single use at ground level would harm the retail precinct.

Operational issues / other matters

(v) concern with waste storage and collection;

(w) general amenity concerns during the construction phase;

(x) inadequate facilities within the area to cater for the increased population (i.e. childcare and school capacity); and

(y) would change the demographic makeup of the area. Non-planning matters

(a) decreased property values as a result of the development;

(b) developer profit;

(c) loss of the existing use of the site – being the commercial decision of Dimmeys to close their Swan Street operation; and

(d) general concerns relating to heritage. 139. As mentioned earlier, many of the objections were made in response to the Heritage Victoria

application and are therefore based on heritage grounds which cannot be considered by Council. However, a summary of these grounds of objection contained within the petition include:

(a) internal and external demolition will result in an unacceptable loss of heritage fabric, including the mural;

(b) unacceptable bulk;

(c) would diminish the amenity of the retail precinct;

(d) reduces the land mark quality of the clock tower.

140. Council received seven letters in support of the development with the reasons being:

(a) refurbished retail space would enhance the Swan Street retail precinct;

(b) the residential development is an appropriate scale for this large site;

(c) concern that the retail precinct in dying and this development including the new population would support the broader retailing role;

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(d) the development is of a high quality; and

(e) the development would improve the general safety and quality of the streetscape. Consultation Meeting 141. Following the formal advertising period, a consultation meeting was held on 25 January 2011

to which all objectors/supporters of the proposal were invited. The meeting was facilitated by Council planning officers, with three Ward Councillors in attendance, and representatives for the applicant. Forty-two objectors were in attendance. The meeting discussed the detail of submissions received and clarified issues, however there were no agreed outcomes achieved.

Referrals 142. Under Section 55 of the Act, the application was required to be referred to:

(a) Department of Transport; and

(b) VicRoads (only relevant to the City Link Project Overlay) 143. A summary of the responses to the referrals are outlined below (a copy of all referrals is

found at Attachment 3): Department of Transport (DoT) 144. DoT had no objection to the proposed development subject to a number of specific

requirements, namely:

Structural engineering

1. Prior to the commencement of the use or development, the permit applicant must identify a suitably qualified engineer whose appointment and terms of reference are to be approved by the Director of Public Transport (the Engineer) to advise on the structural integrity of the proposed development so as not to prejudice the redevelopment of the railway line located to the rear of the Subject Land;

2. Retain the Engineer at the cost of the Permit Applicant; 3. Seek a report from the Engineer, subject to the approval of the Director of

Public Transport, containing advice on the structural integrity of the proposed development of the Subject Land including advice specifically on the following:

(a) demonstrate that the proposed design of the development will not

prejudice future options to be advised by the Director of Public Transport for new rail infrastructure in the railway corridor and that the building at the Subject Land will continue to be self supporting;

(b) demonstrate that a range of options for future expansion of the railway

tracks within the rail corridor (e.g. a cut and stack model to be constructed in the rail corridor, or elevated tracks etc) which may require excavation up to the boundary of the Subject Land within the rail corridor, will not be prejudiced;



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(d) outline risk mitigation design options in the event of derailment for protection of the building in the vicinity of the rail corridor;

(e) demonstrate that the design of the development complies with the

Derailment Loadings as set out in the Australian Standard AS 5100; (f) demonstrate that the location of plant, access and service equipment

within the development will minimise disruption to the development should it prove necessary to widen the rail corridor;



Amended plans 4. Following receipt of the report from the Engineer, and approval of the report by

the Director of Public Transport, the permit applicant must submit plans to the Director of Public Transport for review, comment and approval which implement the recommendations of the Engineer's report. The plans are to be drawn to scale (1:100), be generally in accordance with the endorsed plans, and be in accordance with the recommendations in the report from the Engineer.

Prior to construction 5. Prior to the commencement of works, an agreement must be entered into with

the Department of Transport, VicTrack and the Rail Operator for construction, maintenance and disturbance of land abutting the railway reserve.

6. Prior to the commencement of works, the Rail Operator must be contacted to

obtain the conditions and safety requirements of working near an operating railway and live power feeders.

7. All necessary construction control agreements and indemnity agreements must

be in place prior to works commencing. 8. Prior to the commencement of works, a construction management plan must be

prepared and endorsed by the Director of Public Transport. Public transport infrastructure/service protection during construction 9. The permit holder must ensure that all public transport infrastructure (including


10. The permit holder must take all reasonable steps to ensure that disruption to

train operation within the railway corridor and tram operations along Swan Street are kept to a minimum during the construction of the development. Foreseen disruption to rail operation during construction and mitigation measures must be communicated to Metro Trains and the Director of Public Transport fourteen days (14) prior.

Building design

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11. The permit holder must take all reasonable steps (including appropriate screening to balconies) to ensure that objects cannot be projected into the rail corridor to the satisfaction of the Director of Public Transport.

12. No lighting is to be erected that throws light onto the railway tracks or which

interferes with the visibility of signals and the rail lines by train drivers. 13. Building materials (including glass/window treatments) along the rail corridor

must be non-reflective and avoid using red or green colour schemes that may interfere with driver operations.


railway land or stored or deposited on railway land. 15. Permanent or temporary soil anchors must not be installed on railway land. 16. Entry onto railway land is at the discretion of the Rail Operator and is subject to

any conditions imposed by it. 17. No excavation, filling or construction must take place on or near the common




Green Travel Plan 19. Before the use of the land commences, a Green Travel Plan must be prepared

to the satisfaction of the Responsible Authority following consultation with the Department of Transport (Public Transport Division). The plan must be prepared by a suitably qualified person and must demonstrate how the use of non-private vehicle transport modes will be encouraged by the staff and residents. The plan must include the following:







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Where possible, multi-lingual information/brochures regarding transport timetables, routes, destinations etc





22. Once approved the Green Travel Plan must form part of the planning permit

and any ongoing management plan for the land to ensure the Green Travel Plan continues to be implemented by staff / residents to the satisfaction of the Responsible Authority.

Prior to occupation of the development 23. As built drawings of the building must be provided to the Director of Public

Transport prior to occupation of the development or at another time agreed in writing.

Permit notes: 1. Prior to the commencement of works, the Applicant/Developer must contact the

Rail Operator by telephoning Andrew Irving of Metro Trains, on (03) 9619 7174 or 0419 523 856, to obtain the conditions and safety requirements of working near an operating railway and live power feeders.

2. The development is located adjacent to an operating railway corridor, where

train services may operate 24 hours a day, 7 days a week, therefore the permit applicant may wish to construct windows and built form that incorporates noise attenuation materials (i.e. double glazing and appropriate wall attenuation materials) to reduce amenity impacts.

VicRoads 145. Council has received no objection from VicRoads in relation to the City Link Project Overlay.

Additional comments received by VicRoads are discussed later in this report. Other Referrals 146. The application was also referred to the following parties:

(a) Council’s Environmental Sustainable Design (ESD) Officer;

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(b) Council’s Engineering Services Unit;

(c) Council’s Strategic Transport Branch;

(d) Council’s Services Contracts Unit;

(e) Council’s Urban Design Unit;

(f) External Urban Design Consultant – Robert McGauran, MGS Architects

(g) External Acoustic Consultant – SLR Heggies ESD Officer 147. Council’s ESD officer has advised that the application complies with the 6-star requirements

stipulated through the BCA 2010 which is likely to commence in May 2011. This is above the current BCA requirements and thus exceeds current minimum sustainability practice. Council’s ESD officer however offers the following recommendations to enhance the ESD credentials of the building:

(a) While a number of different promising shading strategies are proposed including major

overhangs and coloured spandrel glazing, it is recommended that careful consideration is given to the choice of coloured glass that does not reduce light transmittance and allows for passive heat gain in winter months.

(b) Consideration should be given to shading of the loft windows that both balances heat

gain, access to daylight and heritage considerations. (c) The floor plans provide sufficient provision for single sided ventilation, however

clarification of operable windows is required on the plans. (d) The location of air conditioning systems to individual apartments should be shown on

plan. (e) Clarification as to the type of hot water system (i.e. solar / electric instantaneous). (f) Considering the size, density and site coverage of the development, it is strongly

recommended to improve the application’s response to Yarra’s WSUD requirements. Meeting best practice storm water targets should be demonstrated by achieving a 100% STORM rating (Melbourne Water online calculator). To give an example, this target could be met by increasing the number of toilets, utilising rainwater for flushing.

(g) The current design marginally exceeds minimum requirements (1 bicycle parking space

for 3.8 apartments). It is strongly recommended to provide at least one bicycle space for each apartment.

(h) No information has been provided as to how general waste and recycling waste will be

collected and separated in the 2-storey residential complex and the loft units. Furthermore, the general bin storage in Basement 1 cannot be accessed via the lift from the residential floors. It is recommended to provide residents with convenient access (via lift) to general garbage bins.

Engineering Services Unit 148. Council’s Engineering Services Unit are broadly accepting of the proposed development in

terms of its car parking provision, traffic generation and its impact on the surrounding street network and technical specifications. Following is a summary of the referral response: Car Parking Provision

(a) Each residential dwelling will be allocated one on-site parking space. The allocation of

one space per one-bedroom and two-bedroom dwelling within multi unit residential

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developments is not uncommon within the City of Yarra or inner metropolitan areas of Melbourne.

(b) For the supermarket and retail uses, the development is located on a street frontage

that experiences very high pedestrian volumes. A significant proportion of customers to these uses would be pedestrians or persons already in the area engaged in other business or activities.

(c) According to the applicant’s report it has been assumed that eight of the lofts in the

building would be used as offices, which would amount to 1,098 square metres of floor space. The report indicates that there would be a demand of up to 14 employee spaces. Given that all-day on-street parking is very scarce to non-existent, prospective employees would be well aware of the limitations to park on-street, and would make other travel arrangements such as take public transport.

(d) Geographically, the site is well positioned in terms of public transport services, with

easy access to Melbourne and the metropolitan area. (e) As part of applying for the dispensation in the car parking requirement, the applicant

should prepare a car parking management plan and green travel plan for the site. The developer should be asked to indicate how actions/ provisions, internal and external to the development will enhance the experience of pedestrians/cyclists/public transport patrons in the immediate and surrounding area, and support Council’s transport objective to discourage private motor vehicle use.

Traffic Generation

(f) The estimated traffic generation by the residential dwellings is considered to be

generally appropriate, and the development traffic using Byron Street during the peak hours would still be quite low.

(g) For the operation of the supermarket, it is agreed that the peak traffic generation of

supermarkets does not coincide with on-road morning or evening peak hour traffic, such as the residences or offices. In estimating the proposed supermarket’s peak hour traffic volume, the applicant’s assessment of the nearby supermarket is considered reasonable. The supermarket is likely to generate 224 trips in the pm peak hour (108 inbound and 116 outbound).

Traffic Impact

(h) The traffic generated by the supermarket and other commercial uses would access the

site via Green Street, whereas all residential traffic would utilise Byron Street. All development traffic would be dispersed onto Swan Street. The traffic distribution assumptions made in section 10.2 of the submitted report are considered reasonable. Comment from Yarra Trams should be sought.

Green Travel Initiatives

(i) It is recommended that a green travel plan be prepared for this site. For a green travel

plan to be successful, the Property Manager of the site would need to manage and administer the plan. It is recommended that a green travel plan for this site be developed in consultation with Council’s Strategic Transport branch.

Access Arrangements - Green Street Frontage – Access for Commercial Car Parking

(j) The proposed 6.4 metre wide entrance into the development’s basement car park is

considered satisfactory. The grade of the ramp does not strictly follow the Australian/New Zealand Standard’s guidelines, however the proposed arrangement is

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considered satisfactory since it allows an exiting vehicle to prop almost horizontally just inside the building line and adequately view pedestrians.

Access Arrangements - Byron Street Frontage

(k) The 6.4 metre wide entrance of the Byron Street access is considered satisfactory. The

ramp grade is considered satisfactory – exiting vehicles would be propped almost horizontally just behind the building line. As indicated by the applicant, pedestrian numbers would be very low having regard to the termination of Byron Street at its south end.

(l) The effective carriageway width of Byron Street varies between 4.1 metres and 4.4

metres, and would function similar to a Right of Way. In the event that two on-coming vehicles are traversing along Byron Street, it is probable that one vehicle may come to rest whilst the other vehicle passes – given the absence of a physical passing area.

Access Arrangements - Construction of Vehicle Crossings

(m) Both access points are to be serviced by two new vehicle crossings. The design and

construction of these vehicle crossings must comply with standard Council requirements.

Loading Facility

(n) A check of the submitted drawings and swept path diagrams confirms that the

proposed loading facility can adequately accommodate a 12.5 metre Heavy Rigid Vehicle. The loading facility for this site is considered satisfactory.

Internal Layout - Residential and Commercial Car Parks

(o) The dimensions, layout and access of parking spaces and aisles within the basement

car parks have been designed to satisfy the Yarra Planning Scheme’s off-street parking requirements.

Dilapidation Report, Construction Management Plan and Protection of Council Assets (p) Prior to the commencement of works, the applicant must engage a suitably qualified

person to undertake and prepare a dilapidation report of the subject property and all the road frontages and nearby road infrastructure. The condition of the footpaths, roads and other infrastructure is to be assessed, photographed and documented, and will form part of the construction management plan for the site. The construction management plan is to be submitted to Council’s Community Amenity branch for assessment and approval.

(q) Any Council assets or road infrastructure damaged during the execution of construction

works shall be rectified by the developer and at their cost.

Provision of Underground Utility Services and Reinstatement of Road Infrastructure Assets after completion of Building Works (r) The trenching and excavation for underground utility service connections by service

authorities on Public Highways (Green Street, Swan Street, Byron Street and any other road directly linked with service provisions) will require the reinstatement/rectification of Council road infrastructure.

(s) It is the developer’s responsibility to coordinate and manage the service authorities and

their works associated with underground utility provision and connections to the subject development. Trenches or areas of excavation made as result of laying underground

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services to the development will require the full width and full depth reinstatement of road pavements and the replacement of any damaged kerb and channel sections to the satisfaction of Council’s Engineering Services unit, and with the costs borne by the developer.

Road Infrastructure Works to be undertaken by Developer (t) After completion of building works and prior to occupation of the building, the developer

shall reconstruct all footpaths and kerbing along the development’s Green Street, Swan Street and Byron Street road frontages to the satisfaction of Council. With the East Richmond Station Precinct project to be undertaken by Council, the developer must liaise and consult with Council’s Urban Design Unit before undertaking the footpath and kerbing reconstruction works along the development’s Green Street road frontage, and with the costs borne by the developer.

Drainage – Legal Point of Discharge (u) The applicant must apply for a Legal Point of Discharge under Regulation 610 –

Stormwater Drainage of the Building Regulations 2006 from Council’s Building Services unit.

(v) Any storm water drainage within the property must be provided and be connected to


(w) Areas must be provided inside the property line and adjacent to the footpath to

accommodate pits and meters. No private pits, valves or meters on Council property will be accepted.

Refuse Collection (x) Prior to the commencement of works, the refuse collection point and on-site storage

area of the development must be resolved with Council's Engineering Operations branch (based at the Collingwood Depot). The collection of refuse must also be in accordance with the requirements of Council’s Services Contracts Unit and must be undertaken to the satisfaction of the Responsible Authority.

Strategic Transport Branch 149. The application was referred to Council’s Strategic Transport Branch. The following is a

summary of their recommendations:

(a) If all loft spaces are residential, insufficient on site visitor parking is proposed.

(b) At least two of the residential parking spaces should be DDA compliant.

Additional disabled parking facilities in the commercial parking area could be provided.

(c) Delivery vehicles leaving the proposed development’s loading bay must not turn left and use Green Street to access Swan Street, but should use Railway Place and Shakespeare Place and Royal Place.

(d) Removal of the existing parking on the east side of Green Street is not supported. If parking is to be removed it should be from the west side.

(e) Co-location of cyclists with pedestrians on a slightly wider footpath is not supported. There is insufficient width to create an adequate shared path. Cyclists should be encouraged to remain on the road

(f) Adequate design for cyclists to access the development from both Green and Byron Street should be provided.

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(g) A minimum of 100 resident bicycle spaces should be provided, plus 10 visitor bicycle spaces.

(h) Visitor bicycle parking should be provided at ground level.

(i) All cyclist facilities should be provided at grade, be secure, and should have separate access to cars.

(j) A contribution towards improving pedestrian and cyclist access along Green Street should be sought.

(k) A green travel plan should be developed to the satisfaction of the responsible authority, and funded for the first five years of the development. It is noted that green Travel plans require considerable engagement effort to be successful

(l) The developer should clearly support the green travel plan by committing to fund a green travel officer for the residents and businesses in the development.

(m) The use of existing loading bay facilities in Swan Street to service the proposed development is not supported.

Services Contract Unit 150. Council’s Services Contract Unit has reviewed the submitted Waste Management Plan

prepared by Leigh Design and consider it to be satisfactory provided that the other works within Green Street (i.e. removal of on-street parking on one side) are acceptable and form part of any approval under this planning permit process.

Urban Design Unit 151. Council’s Urban Design Unit has provided comment on the proposed works within Green

Street as they relate to ongoing work in relation to the East Richmond Station Precinct: Access and Amenity Improvements project which adjoins the subject site to the east.

152. Council approved a design concept plan for the East Richmond Station Precinct in November

2009. The project proposes improvements to Green Street including:

(a) Entry enhancement at the junction of Green and Swan Streets including special paving, lighting and installation of IMAP type signage;

(b) Relaying of kerb and channel;

(c) Inclusion of a bicycle lane; and

(d) Repaving at the junction of Green Street and Railway Place for pedestrian priority and safe bicycle movement.

153. Council’s Urban Design Unit is currently undertaking detailed design work within this precinct

and seeks that the street works proposed in the current application are undertaken in collaboration with Council and the broader precinct framework. This will be discussed in more detail later in the report.

External Urban Design Consultant – Robert McGauran, MGS Architects 154. Robert McGauran of MGS Architects has provided comments on the acceptability of the

proposed development in terms of urban design quality and architectural excellence. He identifies the site as an appropriate one for the inclusion of higher density housing above ground level retail given its close proximity to diverse fixed rail public transport and many of the key venues and attractions in Melbourne. His comments are as follows:

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The appropriateness of the design treatment of the proposed building and its streetscape impact (a) Whilst visible, the siting of the podium tower form is located and configured in a form

that enables key views to the Dimmeys tower and the legibility of the historic built form to remain.

(b) The adoption of a curved form has created a contrast between the existing historic

rectilinear podium form and the language of the new building that has generally resulted in a convincing solution.

(c) The photomontages provided by the applicant confirm that the location of the tower

form is such that it does not unreasonably impact on the legibility of the juxtaposition of the Dimmeys Tower and podium or the 19th and early 20th century key streetscape views.

Layout and Amenity

(d) The proposed conversion of the first floor areas for a perimeter zone of lofts or

warehouse shells and a central zone accommodating communal facilities is supported. (e) The inclusion of a new edge treatment to the rail reserve incorporating an integrated

graphic and the inclusion of a fringe of apartments set back from this edge above at level 1 is also supported.

(f) The proposed streetscape expression in Green and Byron Streets of these edges as

well as the railway reserve is well handled. (g) The amendments to form openings in the Byron Street frontage clearly acknowledge

arched fenestration attributes of the main facade without absolutely mimicking them. As a secondary streetscape I believe this approach is acceptable.

(h) The architects have been careful to acknowledge the key views in their positioning and

scaling of form and have developed a design solution that has adopted a form that is considered from all aspects and varies in its view. Whilst seen it is acknowledged that it occupies one of the larger sites in the immediate locale and sits behind the street wall of heritage buildings.

Whether the proposal achieves a high architectural and urban design outcome

(i) In a strategic sense, adaptive use of the ground floor for a supermarket, inclusion of a

large scale car parking footprint beneath and activation and enhancement of podiums in Green Street, Byron Street and to the railway reserve, are all meritorious.

(j) The restoration of some highly regarded facade and tower elements seen within the

Swan Street context and associated with Dimmeys is also supported. The adaptive re-use of the first floor is similarly consistent with such an approach.

(k) The inclusion of an integrated art strategy for the south wall is supported. I note that the

proposal also considers the existing commissioned artwork on the eastern wall. (l) Protection measures for the existing mural along Green Street during construction. (m) Installation of bike racks along Swan Street.

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Internal amenity

(n) The internal amenity is generally acceptable. Most corridors have at least one area open to an external window with the main entry to the Byron Street frontage having a generously scaled lobby to each tower level, enjoying views to the street and exterior. Hallway widths generally exceed 1.8m., hence, with the exception of the units juxtaposed with the supermarket plant area, the outcome is acceptable.

(o) The plant area will require specific considerations for all units interfacing with this zone

to ensure reasonable standards of amenity are not compromised. (p) Screening will be necessary between Apartment 3.15, Unit 3.16 and units such as 4.08

over. (q) Treatment of unit 1.01 and 1.02 to protect these units from amenity impacts as a result

of the back of house for the super market.

Staff Areas (r) Access to the staff area/office for the commercial tenancy is via a lift but not stairs. This

seems to be an unfortunate and impractical outcome. It is recommended that a stair be incorporated in conjunction with a lift to this area.

(s) Access to the staff area via the adjacent residential area is not supported. This should

be for emergency use only if necessary at all. It would be desirable to provide this area with direct egress to the street without traversing an otherwise unrelated residential area. This would appear to be possible through the inclusion of a stair down to the back of house area below south of the retail tenancy wall.

Safety and Security

(t) The indented laneway linking the Retail BOH area to Green Street is currently

unsecured. The inclusion of a security gate to this area to prevent the creation of areas of concealment would be desirable.

External Acoustic Consultant – SLR Heggies 155. Council engaged the services of Heggies SLR Acoustic Consulting to undertake a review of

the proposed acoustic treatment for the development, and to give consideration to any potential off-site amenity impacts that might be generated by the use and operation of the proposed development. A summary of the consultant’s comments follows:

(a) The noise and vibration issues covered by the report appear to be adequate and

appropriate. (b) The adopted train noise criteria for bedrooms are at the higher end of criteria typically

nominated (and recommended by the AAAC in their draft guidelines). While this is not a significant issue, it does provide a lesser level of amenity to the development occupants than would be advised. This, to some extent, is a quality issue and not necessarily a planning issue (the nominated criterion is still an acceptable criteria by some standards).

(c) The nominated sleep disturbance criterion of up to 55 dBA would be at the upper end

of the scale of accepted sleep disturbance criteria. SLR Consulting have traditionally adopted criteria in the 45 to 50 dBA range.

(d) The assessment of loading bay noise is not sufficiently detailed for SLR to provide any

specific technical review, however, given the proximity of the loading bay to the residents, the potential intrusive noise from reversing beepers, and the reliance on the

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loading bay enclosure (and roller door), some further detail would provide a higher level of confidence. SLR’s own calculations suggest that this region could exceed evening period SEPP N-1 noise limits if sufficient controls are not provided.

Heritage Victoria 156. Council also notified Heritage Victoria of the application. An informal response has been

received noting that where a permit has been issued by Heritage Victoria, they tend not to make comments.

VicRoads 157. As outlined earlier in the report, the requirement under Section 55 of the Act to refer the

application to VicRoads is triggered by the City Link Project Overlay. The Planning Scheme can also require a referral to VicRoads pursuant to Section 55 of the Act under clause 52.29 – Land Adjacent to a Road Zone Category 1 as follows:

‘An application to create or alter access to, or to subdivide land adjacent to, a road declared as a freeway or arterial road under the Road Management Act 2004, land owned by the Roads Corporation for the purpose of a road, or land in a Public Acquisition Overlay if the Roads Corporation is the authority responsible for acquiring the land, must be referred to the Roads Corporation under Section 55 of the Act’

158. As none of the above is proposed by the current application, the comments provided by

VicRoads are classified as a submission. 159. A summary of these comments follows:

(a) The adequacy of Byron Street to cater for 2-way traffic does not comply with Planning Scheme and Australian Standards. Given the operating width there is concern that this will impact on traffic and tram movements along Swan Street.

(b) The impacts on the operation of Swan Street have not been adequately considered by

the applicant’s Traffic Consultant and greater analysis should be undertaken. (c) Concern that no swept path drawings have been submitted to demonstrate adequate

access for delivery trucks into Green Street. Assessment 160. The following are the key issues requiring Council’s consideration:

(a) Policy and Strategic support;

(b) Land use;

(c) Built form and design;

(d) On and off-site amenity impacts;

(e) ESD;

(f) Parking, access and traffic; and

(g) Objector concerns. Policy and strategic support 161. The provisions of the SPPF and LPPF provide strong strategic support for a mixed use

redevelopment of the site, particularly given its location within a Major Activity Centre, with access to key public transport infrastructure, and the substantial size of the land to support a development.

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162. In this regard, key objectives of the SPPF and LPPF seek to build up activity centres as a

focus for high-quality development, activity and living, as a way to achieve broad urban consolidation objectives (clauses 11.01 and 21.04). The supporting mix of uses that is proposed complements the role and function of the SSMAC, and strengthen its long term viability as a destination not only for the local community, but for greater Melbourne. The mix of uses proposed is typical of a Business 1 Zone and reinforces the general retail environment while also allowing for supporting complementary uses.

163. At both a State and local level there is a preference to encourage higher density

development in established activity centres or on strategic redevelopment sites, particularly for housing. Whilst the subject site is not specifically identified as a strategic redevelopment site within the MSS, it does meet the criteria for a strategic redevelopment site as set out in the SPPF (clause 16.01-3) and thus has attributes to support higher density housing.

164. The MSS directs higher density residential development to strategic redevelopment sites

which are generally located in, abutting or are close to activity centres the offer good access to services and transport. The MSS goes on to say that areas such as those within Mixed use or Business zones will accommodate some population growth.

165. The size and location of the site and its strategic redevelopment site attributes, show a clear

policy direction for the type of development proposed under this application. 166. In relation to development, the MSS seeks to retain Yarra’s identity as low-rise urban form

with pockets of higher development (objective 17 at clause 21.05-2). The related strategy states that development should be no more than 5-6 storeys unless the development can achieve specific benefits. It is considered that the Dimmeys redevelopment offers benefits including restoration and adaptive use of the heritage building (a view shared by Heritage Victoria through the issue of a permit), significant upper level setbacks from the Swan Street frontage and the clock tower, and is a considered architectural response that reflects, yet does not dominate the existing building’s significance.

167. In summary, the proposed development is considered to have strong policy support at both

State and local levels particularly with regard to the site’s attributes as a strategic redevelopment site, its location within the SSMAC, its proximity to various public transport options, and through an appropriate mix of uses that would contribute to the role and function of the SSMAC.

Land Use 168. Use of the land is controlled under the B1Z provisions, whereby a planning permit is

specifically required for the use of the land as dwellings, offices, and artist studios (art and craft centres). It is important to note that a planning permit is not required for the use of the land as a shop, which includes a supermarket.

169. The proposal would retain an active retailing environment at ground floor through the

inclusion of a large format supermarket and shop premises. These uses would support the general retailing environment of the SSMAC. The additional uses proposed are located at upper floor levels, however are accessed via dedicated entry lobbies at ground floor and are discussed specifically below.

Dwellings

170. As set out in clauses 11 (Settlement) and 16 (Housing) of the SPPF, and clause 21.04 (Land

use) of the LPPF, residential accommodation is a complementary use within an activity centre, supporting broader urban consolidation objectives within these areas. Ordinarily, dwellings are an as-of-right use within the B1Z, except where they have a frontage at ground floor that exceeds two metres in length. In this case, the dwellings are to be located between

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1st and 9th floor levels, with access provided through an entry lobby at ground floor accessed from the corner of Swan and Byron Streets. The frontage to the residential entrance lobby exceeds two metres in length along the Byron Street frontage and therefore triggers the need for a permit.

171. The principal retailing environment of the SSMAC is along Swan Street and not the side

streets. The provision of the dwelling entry therefore would not unreasonably compromise the continuity of the retail strip in terms of its role and function. On the contrary, the deliberate placement of the dwelling entry at this point seeks to limit any impact on the broader retailing environment.

172. The purpose of the B1Z encourages the more intensive development of business centres

including such complementary uses as dwellings. The applicable decision guidelines of the B1Z require consideration of State and local policies; general infrastructure provision such as connection to services and drainage; the effect that existing uses have on the proposed use; and traffic generation.

173. The use as dwellings as evidenced above is well supported under both State and local

policy. The existing infrastructure including drainage and connection to services can support such land use, which has been verified by Council’s Engineering Services Unit. Furthermore, the mixed use environment would not cause unreasonable amenity impacts to the use of the land as dwellings, subject to matters of acoustic control which is discussed separately. Traffic generation is also discussed separately.

174. In summary, strong policy support exists for locating dwellings within Activity Centres. The

proposal correctly elevates this use above ground level maintaining continuity of the commercial streetscape of Swan Street.

Offices

175. As with the residential component of the development, the provision of small office spaces

are ordinarily as-of-right within a B1Z except where they have a frontage that exceeds two metres at ground floor level, or have shared access with a dwelling. In this case the offices are proposed at 1st to 2nd floor levels, with access through a lobby off Green Street, independent of the entrance to the core residential element within the tower. The entrance to the offices again would not compromise the retailing environment along Swan Street as it is from the side street. It is however noted that given the flexibility sought for the use of the 15 loft units in a range of uses, the use as offices may lead to a shared entrance with some dwellings. This matter will be considered below in terms of the operation of the alternate uses.

176. The use as offices is supported as a complementary use within activity centres under both

state and local policy. Given the small scale of each unit, and the as-of-right status afforded to office as a use within the B1Z, it is not considered necessary to restrict the use in any way other than through a condition which would seek to limit general amenity impacts to the area.

Art and craft centres

177. In terms of the introduction of artist studios within this mix of uses, it is considered that there

is sufficient policy support for such a use. Objective 7 within the MSS specifically encourages use for this purpose in appropriate and accessible locations. The Dimmeys site is promotes local art through its mural display on the Green Street elevation, as well as the proposed new art wall along the southern (rear) elevation presenting to the railway line. In this regard the use as artist studios has a physical connection with a building that promotes local art.

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Flexible use of premises 178. As set out above, the proposal seeks flexible use of 15 loft style units at 1st to 2nd floor level.

These lofts have independent access away from the retailing entrance as well as the entrance to the core residential element within the tower. The intention is to market these spaces for use as either loft style apartments, small office spaces, or as artist studios (art and craft centres). While the uses themselves are independent of each other, consideration must be given to the potential that all three uses may operate together.

179. Without appropriate management of this floor level, there are real possibilities that the

amenity of the differing users may be compromised. It is noted that artist studios and offices have the potential to generate visitors to these spaces, and given the shared arrangement with residential uses may pose security risks with different people accessing this floor.

180. It is also noted that the 1st floor level also contains communal facilities that are shared with

the shop premises at ground floor level, and communal facilities for the dwellings within the tower element. It is therefore considered appropriate to require by condition that prior to occupation of the uses permitted that an operational management plan is submitted and approved by the Council, detailing such things as access arrangements to the floor, internal signage to tenancies, the provision of security arrangements such as CCTV, servicing arrangements for the offices and artist studios, and body corporate management arrangements to deal with complaint resolution in relation to the amenable operation of this floor.

181. Subject to this condition, the mix of uses is considered capable of operating successfully

together without undue amenity impact to future occupiers. It is also noted that prospective purchasers would be aware of the mixed use function of the floor and this would be an influencing factor in their decision to purchase one of the loft tenancies.

Shops

182. Given the use of a shop is as-of-right under the B1Z and that there are no specific conditional

requirements attached to it being so, the planning permit process has no control over the operation of this use including its hours of operation, staff numbers and servicing arrangements.

Built Form and Design 183. As noted earlier within this report, heritage matters relating to the development of that part of

the site on the Heritage Register are the responsibility of Heritage Victoria. 184. The provisions of the Scheme relevant to design and built form are contained at clauses 15

(Built Environment and Heritage), 21.05 (Built Form), and as supplementary guidance within the Higher Density Guidelines. These provisions and guidelines all seek a development outcome that responds to the existing or preferred neighbourhood character and provides a contextual urban design response reflective of the aspirations of the area. Particular regard must be had to the acceptability of the design in terms of height and massing, street setbacks, relationship to adjoining buildings, views, and roof forms.

185. In order to understand the neighbourhood character context, clause 21.08 of the Scheme

describes the built form character of specific neighbourhoods. Relevant to this section of Swan Street at clause 21.08-2, the character of the Burnley, Cremorne, South Richmond area is identified as deriving from that of the heritage precinct in which it is located.

186. As detailed in the site and surrounds section of this report, the subject site is situated within

two heritage areas; one being specific to the Dimmeys building, and the other being a precinct based overlay specific to Swan Street. The applicable statements of significance for these heritage overlay areas define the area as typically 2-3 storeys in height and of

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Victorian and Edwardian appearance. Dimmeys itself is recognised for its State significance and notably its landmark clock tower. The existing neighbourhood character is therefore defined by a low rise character of the area and for the prominence of the clock tower.

187. When it comes to considering the acceptability of the proposed development in relation to the

existing neighbourhood character, it is important to note that ordinarily the design and built form of a development within a Heritage Overlay is guided by applicable heritage policies. In this case, the subject site is included on the Victorian Heritage Register, and heritage considerations are transferred to Heritage Victoria and not subject to Council consideration. As set out in the background section, a permit has been issued by Heritage Victoria for the redevelopment of the site for an 11 storey building. Matters considered by Heritage Victoria include the extent of demolition, the acceptability of the development in relation to the retained building, the intervention to the mural along Green Street, the general setting of the building within the Swan Street heritage precinct, and the relationship of the development to the Dimmeys clock tower. While the current application varies slightly to that approved by Heritage Victoria, it is understood that they do not have any ongoing concerns with the proposal that is with Council for consideration.

Figure 4: - Elevation of Approved Tower (Heritage Victoria)

Siting, and height of the tower element 188. The height of the proposed development is considered to be one of the most topical

elements of the proposal, as evidenced by the objections received. The Scheme provides a number of useful guidelines to assist in determining whether the height is acceptable in the context of the surrounding area. In relation to the SPPF, building heights are best derived from specific design objectives, the aspirations for urban consolidation, and issues of adverse off-site amenity impact, rather than an arbitrary height limit.

189. Consideration firstly must be given to matters of height versus urban consolidation objectives

in activity centres, particularly where they are of heritage significance and more typically low rise in terms of their built form character. The Tribunal in Cremorne Corporation Pty Ltd v Yarra CC [2008] specifically considered the issue of achieving urban consolidation in an activity centre encumbered by a Heritage Overlay. The Tribunal found:

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[27] We have reviewed the strategic framework set out in both the State and local sections of the planning scheme. We are in no doubt that the Metropolitan Strategy as expressed in clause 12 of the planning scheme together with clause 14.01 provide a strong and clear basis for this site being redeveloped in an intensive way, particularly for housing. The council does not shy away from the proposition; albeit that it believes that the outcome can also be achieved within a building that is 3 storeys lower. In this regard, the MSS directs development that involves “change” to sites within activity centres and Mixed Use Zones.

[28] While it is true that even with 7 storeys the site would make a meaningful contribution to the achievement of urban consolidation outcomes, good reasons need to be given if the possible yield is to be reduced. These reasons could include an unacceptable impact on heritage; the context; and the amenity of neighbours. However, these matters cannot be considered in isolation, without due regard to the outcome sought by policy with respect to the intensification of development in activity centres like this one.

190. In this decision, the Tribunal considered that the benefits of higher development as a way of

achieving urban consolidation must be balanced against matters of heritage and amenity impact. While matters of amenity impact are discussed later in this report, it is noteworthy that Heritage Victoria has considered that the height of the development does not impact on the heritage character of either the building or the broader Swan Street precinct. In this regard, there is general support for the development within the context of the heritage setting.

191. The urban design principles at clause 15.01-2 of the SPPF seek to achieve architectural and

urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties. This clause references the Higher Density Guidelines as an applicable consideration.

192. Objectives 2.1 and 2.2 of the Higher Density Guidelines seek to ensure that the height of

new development responds to the existing urban context and the scale of surrounding development and the pedestrian environment. The guidelines however recognise that higher densities can be achieved by using high-rise, low site coverage style development, and suggest that where tower buildings are proposed that they be set back from the street on a podium to maintain the pedestrian related scale at street level.

193. The proposed development includes generous setbacks from Swan Street and Green Street

which are the key pedestrian areas surrounding the site. The placement of the tower element to the rear of the site, with it being setback from the main pedestrian streets, allows the development to maintain its existing pedestrian scale, particularly within the setting of the SSMAC, with the tower appearing recessive at the rear, almost separate from the original building. The utilisation of the original building as a podium, and the placement of the tower to the rear of this large site are reflective of the design guideline aspirations.

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Figure 5:- Roof Plan of the Proposed building

194. The Guidelines also suggest that taller buildings adjacent to low rise buildings may be appropriate where care is taken with the design elements such as the side walls, parapets, upper level side and front setbacks, articulation and window patterns. The curved and heavily articulated facades of the proposed development in combination with the generous front setback, presents a visually interesting building form that is visually separate from the low rise surrounding built form.

195. In his comments in relation to the acceptability of the height and form of the building, Robert

McGauran noted that the siting of the above podium tower form is located and configured in a form that enables key views to the Dimmeys tower and the legibility of the historic built form to remain legible and provides a suitable built form outcome. The adoption of a curved form has created a contrast between the existing historic rectilinear podium form and the language of the new building that has generally resulted in a convincing solution in a location that will not unreasonably impact on the legibility of the juxtaposition of the Dimmeys Tower and podium, or the 19th and early 20th century key streetscape views.

196. In relation to the architectural expression, Mr McGauran considers that the architect has

been careful to acknowledge the key views in their positioning and scaling of form and have developed a design response that is considered from all aspects and varies in view. Whilst the development will be visible, it is located on one of the largest sites in the immediate locality and sits behind the street wall of heritage buildings.

197. Further urban design considerations in relation to the tower element within the Higher

Density Guidelines require roof forms to be treated as an integral part of the design composition. In this respect, the roof of the tower will accommodate plant equipment, a lift overrun and solar panels. These are all concealed behind a raised parapet which provides a visual termination to the building, free of any projecting elements. This is a welcome design response and provides for a well resolved roofscape.

198. Having regard to State policy objectives, the proposed tower element is considered to

present a well resolved design response, carefully sited such that the design composition is sufficiently respectful of the existing character of the area.

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199. At a local level, clause 21.05-2 (Urban design) suggests that development on strategic redevelopment sites or within activity centres should be generally no more than 5-6 levels unless it can be demonstrated that the proposal can achieve specific benefits including significant upper level setbacks; architectural design excellence; best practice environmental sustainability objectives in design and construction; high quality restoration and adaptive reuse of heritage buildings; positive enhancement of the public realm; and the provision of affordable housing. It is noted that for a development to be higher than 5-6 levels that it need not meet all of these criteria, however a balance must be achieved that demonstrates a desired benefit.

200. The tower element is visually recessive being located within the rear portion of the site, such

that it does not dominate the appearance of the SSMAC. The setbacks are therefore significant at upper floors and limit the impact of the development in key views (as shown in figure 6). Whilst it is acknowledged that the development is not viewed in isolation from the general Swan Street area, the visual presence of the building when viewed from the southern parts of Cremorne, is not so significant to warrant a reduction in the overall height. In this respect it is noted that the development site is separated from the southern parts of Cremorne by the rail reserve which creates a visual separation which reduces the immediate height impact of the building.

Figure 6: - Proposed Elevation of Building

201. It is considered that the proposed development also provides a well considered architectural

response that is understated in character such that it does not compete with the significance of the original building. The understated appearance of the building however does not diminish its own architectural value, whereby its curved form provides an interesting form of light and shade. The inclusion of an art wall to the southern boundary depicting children of Richmond evokes memories of the working class origins of the area and also enhances the public realm.

202. The development also displays good ESD credentials, exceeding current building regulation

requirements, and most importantly will provide for the adaptive reuse of a significant heritage building within the municipality.

203. An additional consideration in relation to the height and siting of the tower relates to the

identified landmark quality of the Dimmeys clock tower at clause 22.03 of the Scheme. The clock tower (identified in this policy as ‘Ball Tower of Dimmeys’) is an identified local landmark, particularly for its visual prominence as a key marker, and for its four-sided clock face. The policy at clause 22.03 requires that the prominence of this landmark is maintained

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as the principal built form reference, and for views to it to be protected. The policy also calls for new taller development to add to the interest of Yarra’s urban form and skyline.

Figure 7: - View shed Analysis 204. The proposed tower element will obscure some views of the clock tower, however this is

limited in scope to a wedge from the south-west of the site (see figure 7 above). Views from this direction are the most limited under the existing conditions, whereby the rail reserve associated with the Frankston, Cranbourne / Dandenong and Sandringham lines, conceals any longer views. The development is thus sited with appropriate consideration to preserving views to this landmark, particularly such that the four clock faces will still be appreciated.

205. Heritage Victoria, in its permit process has considered the impact of views to this landmark

and consider the design response of the tower element to safeguard the significance of the clock tower. It is Heritage Victoria’s expert guidance that is considered most relevant when considering compliance with this policy as the structure forms part of the State heritage significance of the building. It is therefore considered that the development has been appropriately designed and sited to ensure important views to the clock tower have been maintained such that it remains the principal built form reference.

206. Consideration must also be given to the urban design characteristics of the remaining built

form. The urban design principles are at clause 15.01-2 which is relevant to development proposals for non-residential development, and residential development not covered by clauses 54 and 55 of the Scheme.

Context

207. This principle requires that development take into account the natural, cultural and strategic

context of its location. The context of the site has to a large extent been previously discussed, however it is noted that the works proposed have due regard to location, and are devised from a thorough site analysis.

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The Public realm 208. The principle requires that the public realm which includes pedestrian spaces, streets, parks

and walkways should be protected and enhanced. The proposed development will provide key public realm benefits including general refurbishment works to each of the retained Dimmeys’ frontages. The works will improve the quality of the built form, reinstating a number of the lost heritage elements including a replacement verandah, reinstated glazing within the arched windows along the Green and Byron Street elevations, sensitively refurbishing the shop front, and providing integrated art work along the rear elevation. These will all enhance the public realm experience by re-energising the building appearance within the streetscape setting.

209. There are a number of streetscape enhancements that will also directly improve the public

realm. These include works within Green Street to provide a bicycle path and other landscaping, and the provision of a shared vehicle / pedestrian environment along Byron Street, and the provision of bicycle parking. These will be discussed more fully in later sections of this report.

Safety

210. The principle requires new development to create urban environments that enhance personal

safety and property security, where people feel safe to live, work and move in at any time. This is considered to be a key strength of the proposed development. The proposed development will create new opportunities for passive surveillance over the surrounding streets and the railway reserve which is a welcome addition. Of particular note, there will be opportunity for increased surveillance over Byron Street, which currently suffers from anti-social behaviour (i.e. graffiti, drug use, etc.), which will enhance both personal and property safety.

211. The indented laneway linking the loading bay facility area to Green Street is currently shown

as unsecured. The inclusion of a security gate to this area to prevent the creation of areas of concealment would be desirable. A condition would require the provision of an outer gate to the eastern walkway from the loading bay facility to Green Street.

Landmarks, views and vistas

212. This principle requires that these elements be protected or enhanced, or where appropriate,

created by new additions to the built form. The proposed development reinforces the significance of the landmark clock tower through its restoration as agreed under the Heritage Victoria permit. Matters relating to the retention of views, etc. have been discussed previously.

Pedestrian Spaces

213. This principle requires the design of interfaces between buildings and public spaces to

enhance the visual and social experience of the user. In this respect the works of refurbishment will provide an enhanced visual experience along all frontages. The placement of the entrances to the supermarket, retail shop, residential tower, and loft units will improve the perimeter zone and prioritise the pedestrian experience. Similarly, the introduction of a shared vehicle / pedestrian zone along Byron Street will enhance movement for existing occupiers in Byron Street, while recognising the need for vehicular access.

Heritage

214. This principle requires new development to respect historic precedents and create a worthy

legacy for future generations. These considerations have been primarily dealt with by Heritage Victoria, however it is considered that the development provides for well needed restoration works to a building of State significance.

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Consolidation of sites and empty sites

215. This principle requires new development to contribute to the complexity and diversity of the

built environment. The subject site is not vacant, and already exists as a single parcel, therefore this principle is of limited applicability. However, the new development contributes to the diversity of the existing solid, rectilinear built form along Swan Street through the use of light-weight materials and curved facades to the tower. The proposal achieves this while also maintaining and improving the important pedestrian experience at the lower levels of the building. It is submitted that the proposal achieves this principle.

Light and Shade

216. This principle requires that enjoyment of the public realm should be enhanced by a desirable

balance of sunlight and shade. It is considered that a sufficient balance is achieved. Further discussion of overshadowing is considered in the amenity section of this report.

Energy and resource efficiency

217. This principle seeks resource and energy efficiency. Through the adaptive reuse of the

building and through embedded ESD objectives this development would provide for a building with an enhanced efficiency.

Architectural quality

218. This principle requires high standards in architecture and urban design. This has previously been considered in the report, and the proposed development achieves the desired outcome. Landscape architecture

219. This principle requires a resolved landscape response. There are minimal opportunities for meaningful landscaping on the subject site given the extent of site coverage. However, the proposal does include the provision of a landscaped communal terrace on the roof of the retained building. This is considered to optimise the use of the land while providing an area of reprieve for occupiers in a landscaped setting.

220. Overall the proposed development is considered to have appropriate regard to the applicable

design based policies and guidance contained within the Scheme, displays a well considered urban design response that addresses a number of conflicting characteristics.

Streetscape works

221. The application also involves alterations within Green Street to facilitate access along this

street, and to tie-in with work public realm improvement around the East Richmond Station being designed by Council’s Urban Design Unit.

222. During pre-application discussions with the Urban Design Unit, a copy of the adopted

concept plan was provided to the applicant in order for this development to tie in with the proposed public realm improvements. The submitted application includes the removal of car parking along the western side of Green Street, and the provision of a bicycle lane along the eastern side with reconfiguration of the pavement and on-street parking arrangements.

223. Since these discussions, the streetscape improvements project has progressed and the

proposed layout as shown on the applicant’s drawings is not consistent with the proposed public realm works. It is the intention that the applicant work with Council’s Urban Design Unit to resolve an agreed solution. A condition will therefore require a developer contribution towards the work equating to approximately 50% of the total cost.

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224. Subject to this agreement, the principle of street works within Green Street is acceptable and should facilitate appropriate access to and from the site.

External and internal amenity impacts

External amenity 225. Given the large footprint of the proposed building, and its siting in the south-western corner

of the site, the potential for the development to cause unreasonable off-site amenity impacts is limited. In relation to the surrounding built form which interfaces with the site, to the north is the retail precinct of the SSMAC which is typically commercial in nature; to the east of the site is a row of townhouses and apartments that have a dual aspect to Green Street and a rear laneway; to the south of the site is the rail reserve; and to the west of the site is a two storey converted warehouse, with two dwellings along the Byron Street frontage, one at each level. All land in the directly surrounding area is within the B1Z, except for the railway reserve.

226. When considering amenity within a Business Zone, it is important to note that the level of

amenity afforded to residents within Business Zones is not the same as for land included within a Residential zone.

227. In relation to overshadowing, the test for reasonableness is taken at the September Equinox.

Given the orientation of the site, there will be no overshadowing of properties along Swan Street or its corresponding public realm which are to the north of the site. The majority of the shadow cast by the development will fall over the railway reserve due south of the site, however this is not a sensitive area (i.e.. not a park or residence) and shadows to this area will not have a detrimental impact.

228. However, there will be additional levels of overshadowing in the afternoons to the east and in

the mornings to the west. These will be considered in turn:

Overshadowing to the east including loss of daylight 229. The setback of the tower element from the adjoining dwellings along Green Street is such

that there will be no noticeable impact from overshadowing. The majority of the shadow cast from the tower will fall over the roof form of the original building, and to a small degree over Green Street itself. Overshadowing to this area is however restricted to the afternoon hours. As such the areas of private open space associated with these dwellings, which are located at roof level (i.e. above the third floor level) will continue to receive unrestricted sunlight.

Overshadowing to the west including loss of daylight

230. The adjoining building to the west of the site will experience an increase in overshadowing

during the morning hours given its proximity to the residential tower element. It is however considered that this will be restricted to one length of windows in one dwelling at first floor level with no impact after 11am. This is considered reasonable in the context of an inner city setting within a B1Z. It is however also noted that this dwelling has dual aspect with large windows to the south. The unit will continue to retain an adequate level of daylight.

231. There is also a roof terrace on this adjoining building, however the shadow diagrams

prepared by the applicant demonstrate that the shadow cast will not impact on this space. 232. Concern has been raised by the occupier of the ground floor dwelling in relation to the extent

of overshadowing that they will experience. It is however important to consider the existing situation when determining impact by way of overshadowing. In this regard it is noted that the existing Dimmeys building overshadows this dwelling during the morning hours, and while the extent of shadow will increase in this westerly direction during the morning hours, it will have no further impact on this ground floor dwelling than currently exists.

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233. Some increased overshadowing of the public and private realm is a necessary consequence

of meeting strategic objectives for development sites. The extent of overshadowing must be considered in relation to reasonable expectations. It is considered that the extent of overshadowing is largely contained on site and to non-sensitive interfaces, and would not unreasonably impact the amenity of surrounding land.

Privacy / Overlooking

234. To a large degree the development raises no privacy issues, being physically separated

more than 9m away from surrounding residential uses, the prescribed distance for managing overlooking between sensitive land uses in the Scheme. The exception to this is the ground and first floor dwellings to the west of the site which are orientated to Byron Street. Overlooking could be possible from the four, southern-most arched windows on the retained building which are proposed to be reinstated as part of the proposal which would allow views from enclosed balconies. In B1Z, while the 9m rule is an appropriate guide to reducing privacy conflicts, it is not a mandatory requirement. The applicable test is whether a reasonable level of privacy is afforded to existing occupants.

235. In relation to these interfacing windows which are approximately 4.5 – 5.0 metres apart, it is

considered that to enhance the level of privacy to these interfacing dwellings in Byron Street, that a suitable screening device be attached to the windows to a minimum height of 1.7m above finished floor level (subject to heritage approval). This would restrict unreasonable overlooking potential, while still allowing sufficient light to penetrate the subject loft spaces.

236. Some additional overlooking is available from within a 9m radius from units within the tower

at 3rd floor level, however, these are at oblique angles and concealed in part by the presence of a raised parapet. It is not considered necessary to require screening for these windows given that the extent of overlooking available from these windows would not be unreasonable.

Noise

237. In mixed use areas, there are often points of conflict between different uses. In order to

maintain the viability of commercial areas there is a need to ensure that new residents do not have unrealistic expectations of the level of amenity that can be achieved, and therefore policy at clause 22.05 of the Scheme seeks to ensure that dwellings are constructed to protect residents as much as reasonably possible from inherent conflicts. Similarly, new commercial development needs to be managed having regard to its proximity to residential uses. The specific policy at clause 22.05 requires:

(a) New residential use and development in or near commercial centres and activity centres and near industrial uses include design features and measures to minimise the impact of the normal operation of business and industrial activities on the reasonable expectation of amenity within dwellings; and

(b) 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.

238. Council engaged the services of Heggies SLR Acoustic Consulting to undertake a review of

the proposed acoustic and vibration treatment for the development, and to give consideration to any potential off-site amenity impacts that might be generated by the use and operation of the proposed development. The consultants have considered a number of likely noise and vibration generating factors, including proximity to the railway reserve, Swan Street and the tram line, noise from proposed mechanical and plant equipment, and from the operation of the loading bay and the associated attenuation measures proposed by the applicant.

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239. In general terms SLR Heggies are satisfied that the development complies with the relevant noise and vibration criteria to afford both a reasonable level of amenity to new residents within the development and those surrounding the development. Attenuation measures for plant equipment are also considered satisfactory.

240. They do however note that there is potential for noise disturbance to exceed relevant SEPP

requirements in relation to the loading bay area at the Green Street interface and the potential of sleep disturbance for the residents of the development. For this they suggest the provision of an updated Acoustic Report that considers the potential intrusive noise from reversing beepers, possible additional acoustic treatment of the building, and further acoustic attenuation measures in respect of the roof and roller door to the to the loading dock. A condition will therefore address this requirement and will seek to ensure that the recommendations contained within the applicant’s Acoustic Report are implemented within the development. Further conditions will require compliance with required SEPP requirements.

241. Subject to the inclusion of these conditions, the building is considered to be appropriately

treated in terms of acoustics and vibration levels to safeguard the amenity of occupiers of the building and the surrounding sensitive uses.

Waste

242. There is sufficient storage for waste and recyclables for the residential element within a

dedicated bin room in the commercial car park. Collection will be by Council services with bins being relocated to the kerb for collection on dedicated days. This process has been verified by Council’s Services Contracts Unit and is considered acceptable.

243. The waste associated with the commercial elements of the proposal, will be stored within the

loading bay area and will be serviced by private collection. To ensure that the collection does not pose amenity impacts to the surrounding area, times will be restricted in accordance with Council’s Local Law No. Subject to this arrangement the waste management practices area acceptable.

Internal amenity

244. The Higher Density Guidelines – Element 4, Circulation and Services and Element 5 –

Building Layout and Design and Element 6 – Private and Communal Open Space provide useful guidance with regard to on-site amenity including circulation spaces, site services, dwelling diversity, layout, open space and wind impacts. On balance, the proposal is considered to provide a high level of internal amenity.

245. Circulation spaces are generous, with entries to the residential tower in excess of 3m wide,

the lift dimensions (2m x 3m) are also sufficient to accommodate furniture deliveries. Corridors are in excess of 1.8m in width which would allow for the safe passing of oncoming people, and are naturally illuminated in some places. The entry to the residential development is clearly defined and secure and mail boxes are clearly identifiable and appropriately sited.

246. Dwelling diversity is achieved through the provision of loft spaces that can be adapted to suit

individual needs, and a mix of one and two bed units. The layout of the building also results in good access to natural daylight to the dwellings with a high number of units benefiting from a north, east or westerly aspect. All units are well proportioned, providing good outlook, ventilation and (in the most part) habitable rooms benefit from access to natural light (with the exception of 3 second bedrooms at third floor level).

247. Each unit also benefits from a secure storage unit within the basement level , however the

dimensions of the storage units are not detailed on plans. This will be clarified by condition with a requirement to provide a minimum of 4sqm per dwellings.

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248. Each unit (with the exception of the lofts) is provided with an area of private open space in

the form of a terrace or balcony with a minimum size of 10sqm. In addition, an area of communal open space is provided at second floor level on the roof of the existing Dimmeys building and will contain modest landscaping in planter boxes. Overall the availability and quality of open space is appropriate.

249. Minor matters have been raised in relation to the distance between some units being of less

than 9m; such as between 3.16 and 3.15. While it is recognised that in a multi-unit development some units will not be afforded the same level of amenity as others, the arrangement between these two units demonstrates that both bedrooms associated with units 3.15 will have poor access to light. A condition will require the redesign of this unit to ensure a good level of amenity is afforded to habitable rooms.

250. One particular concern that has been identified is the interface of units 1.01 and 1.02 with the

proposed equipment area to their immediate south. However, the applicant has submitted informal revisions with changes to the layout and the inclusion of acoustic screening. While this goes some way to address this issue, the outlook of unit 1.01 would offer poor internal amenity and deletion of this unit is warranted. The redesign of this space could include an expansion of the office space associated with the supermarket office or another non- sensitive use.

ESD 251. The Scheme provides limited guidelines in relation to ESD. However does provide strategies

to encourage new developments to incorporate environmentally sustainable design measures; on-site water management, and energy efficiency.

252. In relation to design and construction, notable ESD objectives of the development are

outlined below:

(a) Average 6-Star Energy Rating;

(b) Energy efficient air-conditioning and lighting strategies;

(c) Water metering for individual apartments;

(d) Improved natural ventilation strategies to apartments;

(e) Rain water harvesting for toilet flushing, washout and irrigation; and

(f) Demolition and construction waste recycling targets 253. The application was referred to Council’s ESD Officer and this advice has been outlined in

the referral section of this report. The ESD objectives are achievable and a good ESD outcome would be provided. However the ESD officer suggests some areas which could be modified to achieve a better outcome, or to clarify how the ESD objectives of are to be met. These include:

(a) Careful consideration of the impact of coloured glass not only to the visual appearance

of the facade, but also the internal amenity and the closely related energy consumption. It is recommended to provide a daylight modelling report by condition to ensure that rooms are adequately lit.

(b) Provision of shading initiatives for the lofts (existing facade). (c) Revised drawings indicating the size and type of all operable windows to demonstrate

how cross-ventilation will be achieved. (d) Details of the location of individual air conditioning units and other plant equipment for

the 2-storey residential complex and the lofts.

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(e) Clarification as to whether electric instantaneous hot water units to each apartment or solar hot water systems are to be used

(f) The ESD Report indicates a 22,000l rainwater tank for irrigation, wash out purposes

and ground floor toilet flushing. However, the architectural drawings do not show any toilets on the ground floor. In addition, the ESD Report’s rainwater harvesting calculations do not indicate how much of the site’s rainwater will be caught and reused. Considering the size, density and site coverage of the development, it is strongly recommended to improve the application’s response to Yarra’s WSUD requirements.

(g) Meeting best practice storm water targets should be demonstrated by achieving a

100% STORM rating (Melbourne Water online calculator). To give an example, this target could be met by increasing the number of toilets, utilising rainwater for flushing.

(h) The current design marginally exceeds minimum requirements (1 parking space for 3.8

apartments). It is strongly recommended to provide at least one bicycle space for each apartment.

(i) No information has been provided as to how general waste and recycling waste will be

collected and separated in the 2-store residential complex and the loft units. Furthermore, the general bin storage in Basement 1 cannot be accessed via the lift from the residential floors. It is recommended to provide residents with convenient access (via lift) to general garbage bins.

254. In relation to these comments, points a, c, d, e, f, and g would be required by condition.

Point b poses difficult challenges given the registration of this building with Heritage Victoria, therefore a condition would require consideration the feasibility of including external shading devices for the lofts.

255. In respect of point h, sufficient bicycle storage is provided in accordance with Planning

Scheme requirements, while in relation to point i revised plans will require access to be provided via lift to the basement 1 level to allow for access to the bin store.

Parking, access and traffic

Car parking reduction 256. Car parking provision is allocated in accordance with the following table:

Land Use No. of car spaces Dwellings (include

7 lofts) 90 residential (10

visitor) Shop/Commercial

Uses 74

257. As stated earlier, the following is a breakdown of the statutory car parking requirements for

the specific uses within the development:

Land Use Rate Number / Floor Area

No. of car spaces

required Dwellings 2 per

dwelling 82 units + 7

lofts 178

Shop 8 spaces to each 100 sq m of leasable floor area

3,191 sq m 255

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Office 3.5 spaces to each 100 sq m of net floor area

8 lofts / 1,098 sq m

38

Art and Crafts Centre

** -

258. Based on the Planning Scheme provisions, a total of 471 car spaces would be required. A

total of 174 on-site car parking spaces are proposed, therefore a formal reduction of 297 spaces is required.

259. In considering the appropriateness of a reduction, the Responsible Authority must be

satisfied that it is justified with regard to the following decision guidelines:

any relevant parking precinct plan

260. There are no relevant precinct plans for the area. the availability of car parking within the area

261. On-street car parking is available within Swan Street subject to clearway restrictions.

Additional car parking is available in Green Street, albeit the proposal seeks the removal of parking on one side of the street to facilitate enhanced street access. Finally, there is a substantial car park accessed off Railway Place that services the local retail precinct. Overall there is a good supply of parking availability in the area. the availability of public transport within the area

262. The subject site has a high level of access to public transport, with two railway stations serving multiple lines within 400m. In addition two tram lines are located within a 400m radius, and bus connections within a 500m radius. Overall the site is serviced by multiple modes of public transport which provide connection to all directions within the broader Melbourne region. any reduction in car parking demand due to the sharing of car spaces by multiple uses, either because of variation of car parking demand over time or because of efficiencies gained from the consolidation of shared car parking spaces;

263. The site does not present any shared car parking opportunities. any car parking deficiency or surplus associated with the existing use of the land;

264. There is no on-site car parking associated with the existing use. any credit which should be allowed for a car parking demand deemed to have been provided in association with a use which existed before the change of parking requirement;

265. The existing use of the site generates a significant car parking credit. The applicant’s Traffic Report suggests that based on the use of the land with a retail floor space of 6,100sqm, and applying a conservative rate of 2-3 car spaces per 100sqm, a car parking credit of between 122 and 183 spaces exists.

266. However, if the actual car parking rate associated with a shop as set out in clause 52.06 of

the Scheme was applied which requires 8 spaces per 100sqm of leasable floor space, then the car parking credit would be 488 spaces.

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267. Applying this decision guideline alone would justify the adequacy of the car parking provision proposed as part of this application. local traffic management;

268. Whilst some increase in traffic movement is likely as a result of this development, these are estimated to be within reasonable limits. Swan Street, given its shared function as an arterial road, tram route and retail precinct parking zone, does suffer from slower traffic flows. local amenity including pedestrian amenity

269. The development would result in increased vehicular movements into Green Street and Byron Street. Road works to enhance the pedestrian and local amenity are addressed later in this report. However it is considered that the proposed reduction in car parking will not adversely affect amenity.

an empirical assessment of car parking demand;

270. The traffic report submitted with the application addresses car parking demand in the area. any other relevant consideration.

271. It is noted that the statutory car parking requirements set out in the Scheme are the same

across the State, and have not been updated for a considerable time. In an inner city context where sustainable transport objectives prevail, these rates are not considered realistic.

General discussion of car parking reduction 272. The above decision guidelines support a reduction in car parking rates based on the

availability and access to many public transport options, general access to on street and Council controlled car parking, and most importantly, the significant car parking credit associated with the existing use of the premises that will become available when this use vacates. Further justification is also provided below.

(a) In relation to the residential use, it is typically recognised that rates outlined in clause

52.06 of the Scheme are excessive for developments within the inner urban areas. The allocation of one space per one-bedroom and two-bedroom dwellings within multi-unit residential developments is not uncommon within the City of Yarra or inner metropolitan areas. This is also consistent with ResCode parking requirements which are commonly adopted as being representative of parking demand in inner city locations. In this regard the reduced rate is acceptable.

(b) It is however noted that part of the car parking provision for the residential use also

includes an allocation of visitor car parking. While there is no statutory requirement for a development of this nature to provide for visitor parking, it is commonly accepted by Council and the Tribunal that higher density residential developments cater for their expected visitor parking. In this case 10 car parking spaces are allocated for visitor parking. There is some concern however that if a greater number of loft units are used for residential purposes, then this will result in a loss of available visitor parking. It is therefore considered that a condition specify that a maximum of 90 car spaces be made available for residents and 10 spaces for visitor parking in association with the residential use to safeguard the provision that is justified in the applicants Traffic Report. In the event that any other loft spaces are used for residential purposes, then these should be designated as car free such that there is no reduction in the expected visitor parking demand.

(c) For the supermarket and retail uses, the development is located on a street frontage

that experiences very high pedestrian volumes. A significant proportion of customers to

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these uses would be pedestrians or persons already in the area engaged in other business or activities. This also supports a reduced rate for the commercial element of the proposal

(d) As part of applying for the reduction in the car parking requirement, the applicant

should prepare a car parking management plan and green travel plan for the site. The developer should indicate how actions/ provisions, internal and external to the development will enhance the experience of pedestrians/cyclists/public transport patrons in the immediate and surrounding area, and support Council’s transport objective to discourage private motor vehicle use.

273. Based on the above assessment, the reduction in car parking is considered acceptable and

is unlikely to result in adverse impact on parking availability within the area.

Traffic generation 274. The applicant’s Traffic Engineer has estimated the traffic generated by the dwellings in

relation to an empirical case study of a similar sized residential development in Hawthorn East. According to this case study, on average each dwelling generated 2 trips per day. If this rate is applied to the proposed 82 dwellings, then it would result in a daily traffic volume of 166 vehicle trips with some 17 trips for the peak hour.

275. For the operation of the supermarket, it is agreed that the peak traffic generation of

supermarkets does not coincide with on-road morning or evening peak hour traffic, such as for residences or office. The applicant has surveyed the car park that services the nearby supermarket at 188-196 Swan Street. In estimating the proposed supermarket’s peak hour traffic volume, the applicant’s assessment of the nearby supermarket is considered reasonable. The supermarket is likely to generate 224 trips in the pm peak hour (108 inbound and 116 outbound).

276. The traffic generated by the supermarket and other commercial uses would access the site

via Green Street, whereas all residential traffic would utilise Byron Street. All development traffic would be dispersed onto Swan Street. The traffic distribution assumptions made in applicant’s Traffic Report, and detailed below are considered reasonable.

277. The report mentions that the intersection signals at Swan Street/Lennox Street and the

pedestrian operated signals east of Green Street would assist right-turning vehicles into and out of Byron Street and Green Street by providing gaps in the Swan Street traffic.

278. Swan Street is classified as an Arterial Road under the provisions of the Road Management

Act 2004. As a result of this VicRoads has provided comment to Council in relation to the proposed development. While they are not a statutory referral authority in relation to this aspect of the application, they do raise concern that the operation of Swan Street may be compromised by increased traffic turning into Green and Byron Streets.

279. VicRoads concerns are twofold, firstly that the operational width of Byron Street, being not in

accordance with Australian Standards, may provide for compromised two way movement of vehicles to the car park; and secondly, that swept path drawings demonstrating that delivery vehicles can access Green Street have not been provided to ensure that turning movements are acceptable. VicRoads considers that these two factors may cause unreasonable effects in terms of traffic queuing along Swan Street.

280. However, it would appear that VicRoads is assuming that Byron Street would be a car park

entry. However Byron Street is defined as a road, and currently operates with two way traffic. Both Council’s Traffic Engineer and that of the applicant conclude that there is sufficient width for safe passing of two vehicles along this road, and that traffic volumes associated with the residential car park will remain low. In this respect they are satisfied that it will function without undue impact to the operation of Swan Street.

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281. In relation to the requirement for swept path drawings for service vehicles accessing Green

Street, these types of vehicles already access at this point to service the Coles supermarket and the existing Dimmeys store. It is therefore considered unreasonable to expect that that there would be any change in circumstance. In addition, the applicant has confirmed that truck sizes would typically be limited to 12.5 metre rigid vehicles.

282. A substantial number of the objections received considered traffic generated by the proposal

to be significant. It is inevitable that the development will contribute to traffic volumes that are already high at peak times. However, it is noted that the proposed on-site car parking provision is at a reduced rate compared to what the Scheme specifies, and the site accesses key public transport infrastructure; with the site’s location also offering sustainable transport alternatives in walking and cycling to provide alterative options to the motor vehicle. In addition, it is a necessary outcome of urban consolidation that increases in vehicular traffic will need to be absorbed on the existing road network. This was found to be the case in JG (VIC) Pty Ltd v Boroondara City Council [2007] VCAT 1152 in relation to the acceptability of increases in traffic:

[23] Ever increasing traffic volumes have been a feature of our society since motor vehicles first used our roads last century. Government policies aim to reduce our dependence on motor vehicles by, amongst other things, encouraging new development into areas already well served by public transport and by trying to better match housing and work places. Rejecting new development on sites such as the review site does not mean that the traffic situation will improve or stop getting worse. Allowing new development on sites such as this, located close to public transport, in a long established and very important centre and in areas where people live nearby, may eventually encourage a slowdown in the growth of traffic volumes. It may be an optimistic and long-term outcome, but it is one that planning policy seeks to achieve.

283. The proposed access arrangements to Byron Street and Green Street and traffic movement

along Swan Street is considered satisfactory.

Access to car parks and layout

Green Street Frontage – Access for Commercial Car Parking 284. Vehicular access to the commercial car park is via Green Street through a 6.4m wide

entrance. The grade of the ramp for the first 4.0 metres inside the development is 1 in 30 and then 1 in 7 for a further 6.0 metres. It is noted that this does not strictly follow the Australian/New Zealand Standard’s guidelines, however Council’s Traffic Engineer has considered the proposed arrangement to be satisfactory since it allows an exiting vehicle to prop almost horizontally just inside the building line and adequately view pedestrians.

Byron Street Frontage – Access for Residential Car Parking

285. Vehicular access to the residential car park is via Byron Street through a 6.4m wide entrance. The ramp grade for the first four metres inside the development is 1 in 20 and then 1 in 8 for a further 2.35 metres and is considered acceptable as exiting vehicles would be propped almost horizontally just behind the building line.

286. The effective carriageway width of Byron Street varies between 4.1 metres and 4.4 metres,

and would function similar to a Right-of-Way. In the event that two on-coming vehicles are traversing along Byron Street, it is probable that one vehicle may come to rest whilst the other vehicle passes given the absence of a physical passing area. This is considered acceptable by Council’s Traffic Engineer.

287. It is noted that Byron Street is also accessed by a limited number of pedestrians. The road is

of a narrow width with similarly narrow pavements, and given the increased presence of

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vehicles in the street as a result of the proposed development, the physical space may result in a point of conflict with pedestrians. In this regard it is considered imperative that the road be reformed such that it is a shared zone for pedestrians and vehicles. Given the nature of the application it is considered reasonable that this be funded by the permit holder and in consultation with the Council. Subject to an effective shared zone being implemented, the proposed development would allow for a safe and amenable pedestrian zone.

Infrastructure provision

288. Both access points (Green and Byron Streets) are to be serviced by two new vehicle crossings. The design and construction of these vehicle crossings must comply with standard Council requirements which will be conditional of any permit granted.

Residential and Commercial Car Parks – Technical Specifications

289. Council’s Traffic Engineers have confirmed that the dimensions of the parking spaces and

aisles have been designed to satisfy the Yarra Planning Scheme’s off-street parking requirements. Vehicle turning movements into and out of these bays are considered satisfactory. The 5.2 metre wide access aisles for this car park are considered appropriate, and the widths of bays adjacent to walls or structural elements comply with minimum requirements of the Australian/New Zealand Standard AS/NZS 2890.1:2004. Column setbacks should be a minimum of 250 mm from the edge of the aisle for Yarra Planning Scheme type parking bays. End bays at blind aisle ends have been provided with blind aisle extensions. Overall the design and layout of this car park is acceptable.

Loading

290. Loading bay facilities for the supermarket component of the proposal will be from the existing servicing area along Green Street, and are in accordance with clause 52.07 of the Scheme.

291. In relation to the small shop premises, it is proposed that this be serviced from on-street

loading bays, which are identified as being on Swan Street within 50m of the subject site. The size of this shop premises is similar to other smaller retail outlets that are serviced from the street within the Swan Street area. This is considered a suitable option and supports a reduction in on-site servicing arrangements.

Bicycle parking and facilities

292. The following table outlines the statutory bicycle parking requirement in respect of the

proposal:

Use Employee / Resident

Visitor / Shopper / Student

Requirement

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

In developments of four or more storeys, 1 to each 10 dwellings

18 residential spaces 9 visitor spaces

Shop 1 to each 600 sq m of leasable floor area if the leasable floor area exceeds 1000 sq metres

1 to each 500 sq m of leasable floor area if the leasable floor area exceeds 1000 sq metres

6 employee spaces 7 visitor / shopper spaces

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Use Employee / Resident

Visitor / Shopper / Student

Requirement

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

1 to each 1000 sq m of net floor area if the net floor area exceeds 1000 sq m

3 employee spaces 1 visitor space

Art and Craft Centre

No requirement

No requirement

-

293. Based on the above table, the development has a statutory requirement to provide a total of

45 onsite bicycle parking spaces. A total 25 resident bike spaces and 10 visitor bike spaces are provided in the basement car parking area, which exceeds the requirement.

294. A total of 8 spaces for the commercial elements have been provided in the commercial car

park. This is 9 less than the statutory requirement. It is noted that additional bicycle parking facilities could be accommodated within either the basement car park and/or on the pavement along Swan Street to achieve compliance with this requirement, to which the applicant has agreed. Referral advice has suggested that bicycle parking be provided at street level to allow for ease of access for shoppers arriving by bike. It is therefore considered appropriate to require a condition for the provision of 9 bicycle parking spaces either within the basement level 1, and/or along the Swan Street frontage to the satisfaction of the Responsible Authority. Subject to this condition, the bicycle parking is considered to meet the Scheme requirements.

295. Internal referral advice suggests that bicycle parking would be difficult to access in the

basement, and that a shared entrance with the car parking access is unacceptable. However, in relation to the residential element, there is the option to either use the ramp access or the lift within the residential lobby. This dual access would enable cyclists the choice of how to access the bicycle parking. In relation to bicycle parking is the commercial car park, through the imposition of the condition requiring cycle parking at street level, cyclists would again have the choice of how and where to park. On balance the access arrangements are considered satisfactory.

296. Additional concern has been raised within internal referrals in relation to the adequacy of

cycle parking. It is however noted that the proposal either complies (subject to the provision of ten additional spaces to Swan Street) or exceeds the statutory requirement and is therefore considered acceptable.

297. The bicycle parking provisions require that one shower be available for staff of the

supermarket. This is made available at first floor within the communal areas, and a satisfactory operational management plan would be required by way of condition.

Objector concerns 298. A number of issues raised by objectors have been addressed throughout this report.

Design and built form 299. All matters of design and built form are addressed in the corresponding section of the report

above.

Amenity

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300. Many of the amenity concerns have been addressed in the corresponding section of the report above. However, concern has also been raised that loss of privacy will result from the development. As mentioned in the report, the applicable guideline for overlooking is 9m. The development prevents unreasonable overlooking within a 9m radius.

301. Other amenity concerns raised by objectors relate to overshadowing of Swan Street and the

park in White Street on the opposite side of the rail reserve. Neither of these areas will be affected by overshadowing.

302. Light spill from the tower has also been identified as an amenity concern. The distance of the

tower from any residential area is such that light will not cause any nuisance, and in addition, the amount of light spill is in association with normal residential use.

Traffic and parking

303. All matters of traffic and parking have been addressed in the corresponding sections of the

report.

Land use 304. Particular concerns have been raised in terms of land use, notably that the mix of uses will

cause harm to the retail precinct, that they will result in adverse amenity impacts, and that one single user of the ground floor will result in harm to the retail precinct. The issues of land use have been considered earlier in the report. However it is considered that the mix of uses is encouraged under the B1Z provisions, that their operation will not cause undue amenity impact; and that recognition must be given to the existing site being a single retail use.

Operational issues / other matters

305. A number of operational and other matters have been raised by objectors including general

amenity concerns relating to the construction phase. It is considered that a Construction Management Plan will be required by way of condition to deal with matters during the construction phase. It is also noted that other regulatory control mechanisms outside of planning deal with amenity matters during the construction phase.

306. Concern has also been raised that there are inadequate facilities within the area to cater for

the increased population (i.e. childcare and school capacity). Council continues to lobby and seek possible solutions to increase availability for these key services. However a balance must be struck with broader urban consolidation objectives.

307. It has also been expressed that this development would change the demographic makeup of

the area. It is noted that this style of development will provide for housing choice reflective of identified housing needs recognised in the MSS.

Non-planning matters

308. A number of non-planning matters have also been raised including decreased property

values as a result of the development; developer profit; loss of the existing use of the site – being the commercial decision of Dimmeys to close their Swan Street operation; and general concerns relating to heritage. These are all outside of the scope of planning control and thus not material planning considerations to this application.

Conclusion 309. The proposed development is considered to demonstrate a high level of compliance with

policy objectives contained within the State and Local Planning Policy Framework. The redevelopment will assist with meeting the State Government’s urban consolidation

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objectives, Council’s preference to direct higher density development to activity centres and strategic redevelopment sites, and fulfils the purpose of the zoning controls for this B1Z.

310. The mix of uses will contribute to the long term economic viability of the Swan Street Major

Activity Centre, and through the approval of the development by Heritage Victoria, will ensure that the identified State significance is maintained. The application is therefore considered to be acceptable subject to the conditional requirements set out within the report.

RECOMMENDATION 1. That having considered all objections and relevant planning documents, Council resolves to

issue a Notice of Decision to Grant a Planning Permit for the use and development of the land at 140-160 Swan Street, Cremorne for a mixed use development comprising dwellings, offices, and arts and crafts centre and a reduction in the car parking requirements of the Yarra Planning Scheme, subject to the following conditions:

1. Before the development starts, amended plans and documents to the satisfaction of

the Responsible Authority must be submitted to and 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 be generally in accordance with the advertised plans but further modified to which show:

Building design

(a) Window, door and balcony balustrade details for all elevations;

(b) Full elevation details of the proposed additions as they sit behind the retained heritage fabric;

(c) Deletion of unit L1.01 and redesign of the space (office/amenities may be extended);

(d) Redesign of unit 3.15 to ensure all habitable rooms have direct access to natural light and not rely on borrowed light;

(e) Inclusion of an internal staircase connecting the ground floor retail tenancy 1 with the ancillary office/amenities at first floor;

(f) Inclusion of a security gate to the retail back-of-house area to align with the front of the substation on the east elevation;

(g) The four, southern-most, first floor windows along the west elevation contained within the retained heritage building screened to a minimum height of 1.7 metres above finished floor level, and not more than 25% permeable to prevent direct views into the Byron Street residences;

(h) Any changes to the proposed building and structure as a result of the findings from the Structural Engineering report required by the Department of Transport (Conditions 56 to 59);

(i) Methods proposed to limit opportunity for the projection of objects into the rail corridor as required by the Department of Transport (Condition 66);

(j) Conceptual details of the ‘shared zone’ required by condition 14 of this permit, including but not limited to pavement widths, surface treatment and methods of traffic management;

(k) Deletion of the ‘proposed’ Green Street road works;

(l) Details of the proposed art wall along the southern boundary;

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Acoustic

(m) All works recommended in the report of the professional acoustic engineer referred to in condition 7;


(n) All works recommended in the ESD report referred to in condition 10;

Car and Bicycle parking

(o) Bollards provided at the stairwells and lifts to shield pedestrians from reversing

cars;

(p) A minimum of 52 on site bicycle parking spaces, including location and specification of bike parking;

(q) Provision of 9 additional bicycle spaces for the commercial use to be provided

at Basement level 1 and/or along the frontage of the development to Swan Street.

(r) Provision for an on-site shower and change room facility for employees of the

commercial uses;

General

(s) Provision of lighting plan detailing lighting of all areas including private, communal and publicly accessible spaces, ensuring lighting is baffled to minimise light spill into the Rail Corridor as required by the Department of Transport Condition 67;

(t) The specification and location of all proposed external plant and

equipment (including roof top plant and equipment, car park ventilation and individual air conditioning and hot water units). All plant and equipment must be screened to prevent views from the street and habitable room windows of nearby dwellings;

(u) Areas set aside within the property boundaries for pits, meters and

essential services; (v) Details and provision of an average of 4 cubic metres of storage for each

dwelling; (w) Details of the bin storage area in Basement 1 located to provide convenient

access from the lift lobby;

(x) An indicative internal, 1.7 metre high solid screen, or suitable alternative mechanism to prevent inter-looking between dwellings;

Building Materials

(y) An updated schedule of all external materials and finishes (including

materials samples, colours and coloured elevations/perspectives). The schedule must show the materials, colour, finish and application methods (where relevant) of all external walls, roof, fascias, window frames, glazing types, cladding, doors and fences and must confirm the following:

(i) Specification of glass colour to exterior façade in accordance with the

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findings of the ESD recommendations; and

(ii) the requirements of the Department of Transport (condition 68).

Endorsed Plans

2. All development and use must accord with the endorsed plans. Any alterations must be approved in writing by the Responsible Authority.

3. Floor levels shown on the endorsed plan(s) must not be altered or modified without

written consent of the Responsible Authority. 4. All new on-boundary walls must be cleaned and finished to the satisfaction of the

Responsible Authority. 5. Access to all areas affected by an easement or caveat must be maintained. Heritage Victoria Permit

6. Before commencement of works on site, evidence must be provided to the

satisfaction of the Responsible Authority that the relevant requirements of Heritage Victoria Permit P15249 have been complied with.

Acoustic Treatments 7. Before the plans are endorsed, an updated acoustic report to the satisfaction of the

Responsible Authority must be submitted to and approved by the Responsible Authority. The report must be prepared by a suitably qualified acoustic engineer to show how the requirements of State Environment Protection Policy N-1 and relevant Australian Standards will be met and must prescribe the form of acoustic treatment to:

(a) protect dwelling occupants with a direct interface to commercial tenancies above, next to or below from associated commercial noise sources, including but not limited to loading dock (including reversing beepers), plant and equipment;

(b) protect all dwelling occupants from external noise sources with specific regard to Swan Street and off-site commercial areas;

(c) protect all dwelling occupants from external noise sources associated with the abutting rail system; and

(d) the mechanical plant equipment and ventilation mechanisms installed or constructed as part of the development.

8. On the completion of the works referred to in condition 7 above and before the

residential use commences, an updated acoustic report prepared by a suitably qualified acoustic consultant must be submitted to the satisfaction of the Responsible Authority demonstrating that the required level of noise attenuation has been achieved. The report must:

(a) confirm the use complies with Condition 7 of the permit; and

(b) provide measurement data taken from inside the dwellings demonstrating compliance with State Environment Protection Policy N-1.

9. The acoustic report recommendations must be incorporated into the development and where they are recommendations of an ongoing nature, must be implemented to the satisfaction of the Responsible Authority.

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10. The recommendations of the Environmentally Sustainable Report – Revision B (19 November 2010) prepared by GIW Environmental solution and any updates must be implemented into the development to the satisfaction of the Responsible Authority with details submitted to the Responsible Authority demonstrating compliance with the report and addressing the following:

(a) The impact of coloured glass relevant to the internal amenity of the dwellings

including heat gain and access to daylight. This must include a daylight modelling report to ensure that rooms are adequately lit;

(b) Opportunity for external shading initiatives for the lofts to be determined in

consultation with a suitably qualified Heritage expert, confirming no impact on the significance of the heritage building;

(c) Detailed drawings indicating the size and type of all operable windows to

demonstrate how cross-ventilation will be achieved; (d) Details of the location of individual air conditioning units and other plant

equipment for the 2-storey residential complex and the lofts; (e) Clarification as to whether electric instantaneous hot water units or solar hot

water systems are to be used for each apartment; (f) Details of the rainwater tank and specifications for its use for irrigation wash

out purposes and ground floor toilet flushing; (g) Plans to show location of ground floor toilets; (h) Details regarding storm water targets should be demonstrated by achieving a

100% STORM rating (Melbourne Water online calculator); and (i) Details of how general waste and recycling waste will be collected and

separated in the two storey residential complex and the loft units. Operations Management Plan

11. Prior to the occupation of any part of the development an Operations Management

Plan prepared by an appropriately qualified person must be submitted to and approved by the Responsible Authority. When approved, the Operations Management Plan will be endorsed and form part of this permit. The Operations Management Plan must address, but is not necessarily limited to the following:

(a) Access arrangements to the tenancies;

(b) Internal signage;

(c) Security arrangements;

(d) Servicing arrangements; and

(e) Complaint resolution mechanisms.

Transport Management

12. Prior to the occupation of any part of the development, a Car Parking Management Plan prepared by an appropriately qualified traffic consultant must be submitted to and approved by the Responsible Authority. When approved, the Car Parking Management Plan will be endorsed and form part of this permit. The Car Parking Management Plan must address, but is not necessarily limited to the following:

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(a) An internal signage plan distinguishing permanent parking areas from visitor parking areas, directional arrows and signage, informative signs indicating location of disabled bays, small parking bays, bicycle parking, exits, restrictions, pay parking system etc;

(b) Mechanisms to ensure non-permanently allocated car parking spaces will only be available for visitors to the site (with a minimum of 10 visitor car parking spaces for the residents);

(c) The number and location of the car parking spaces to each commercial tenancy and dwelling, and the clear identification of dwelling or commercial uses without any car parking;

(d) The number and location of car spaces for shared use, including time of shared use;

(e) The management of visitor car parking spaces and security arrangements for occupants of the development;

(f) Details of way finding, cleaning, security of end of trip bicycle facilities;

(g) Policing arrangements and/or formal agreements; and

(h) Details regarding the management of loading and unloading of goods and materials for the commercial and residential uses;

13. The Car Parking Management Plan must be implemented to the satisfaction of the

Responsible Authority. No alterations may be made without the prior written approval of the Responsible Authority.

Traffic Management Contributions

Byron Street

14. Within 12 months of the commencement of the development, details of the Shared

Zone for the length of Byron Street must be prepared by an independent and suitably qualified professional in consultation with and to the satisfaction of the Responsible Authority and submitted to the Responsible Authority. The Shared Zone must include various methods to control traffic and speed to allow for safe pedestrian movement and to manage the potential conflicts between traffic generation, bicycles and pedestrians using Byron Street.

15. All works associated with the provision of a Shared Zone as set out in condition 14 of

this permit must be undertaken prior to the use commencing at the cost of the permit holder and thereafter maintained to the satisfaction of the Responsible Authority.

Green Street 16. Prior to the commencement of the development, the permit holder must make a

contribution to Council for the cost of works associated with the reconstruction and upgrade of Green Street between Railway Place and Swan Street. The one-off payment of approximately 50% of the total cost of works will be no more than $175,000.

17. Prior to the occupation of the development, all the footpaths and kerb and channel

adjacent to the subject development must be reconstructed in accordance with the Responsible Authority’s engineering standards and requirements and to the satisfaction of the Responsible Authority or as otherwise required by conditions 36 and 37.

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General amenity conditions

18. Alarms associated with the commercial premises must be directly connected to a security service and must not produce noise beyond the premises.

19. The amenity of the area must not be detrimentally affected by the use or

development, through:

(a) the transport of materials, goods or commodities to or from land;

(b) the appearance of any buildings, works or materials;

(c) the emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil; or

(d) the presence of vermin.

20. All buildings must be maintained in good order and appearance to the satisfaction of the Responsible Authority.

21. Noise emanating from the development, including plant and other equipment, must

comply with the State Environment Protection Policy N-1 to the satisfaction of the Responsible Authority.

General Parking Areas

22. Unless with the prior written consent of the Responsible Authority, no fewer than 174

car parking spaces (including no less than 2 disabled compliant, car parking spaces) and 52 bicycle parking spaces must be provided on the land at all times, to the satisfaction of the Responsible Authority.

23. The area set aside for the parking of vehicles, together with the associated access

lanes as delineated on the endorsed plan must:

(a) be designed, provided and completed to the satisfaction of the Responsible Authority prior to the commencement of the development hereby permitted;

(b) thereafter be maintained to the satisfaction of the Responsible Authority;

(c) be made available for such use at all times and not used for any other purpose;

(d) be properly formed to such levels that it can be used in accordance with the endorsed plan; and

(e) be drained and sealed with an all weather seal coat.

24. Bicycle access must at all times be clearly signed and marked, to the satisfaction of the Responsible Authority.

25. Prior to the occupation of any dwelling, car parking must be allocated in accordance

with the Car Parking Management Plan (condition 12). 26. The development must provide for a minimum of 1 shower and change room for use

by all employees of the commercial components of the development, to the satisfaction of the Responsible Authority.

Loading Areas

27. All loading and un-loading must be carried out within the confines of the property

boundaries (other than the small retail components) to the satisfaction of the Responsible Authority.

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28. The loading areas must be maintained in a clean and tidy manner at all times to the

satisfaction of the Responsible Authority. 29. Loading movements at the Green Street loading dock are restricted to between the

hours of 6am and 10pm, seven days a week, unless with the prior written consent of the Responsible Authority.

30. Trucks delivering goods to the commercial uses via Green Street are limited to no

greater than 12.5 metre Heavy Rigid Vehicles, unless with the further written approval of the Responsible Authority.

Drainage 31. Provision must be made for the drainage of the site including landscaped and

pavement areas, all to the satisfaction of the Responsible Authority. 32. The permit holder must apply for a Legal Point of Discharge under Regulation 610 –

Stormwater Drainage of the Building Regulations 2006 from Yarra’s Building Services Unit.

33. The drainage design for the entire site, along with hydraulic calculations, must be

submitted to the Responsible Authority for assessment and approval. 34. All piping and ducting, other than for drainage above the ground floor storey of the

building must be concealed. 35. Any storm water drainage within the property must be provided and be connected to


Vehicle Crossings and Accessways 36. Any road(s), footpath(s) or other infrastructure adjacent to the development site

damaged as a result of the construction works including but not limited to trenching and excavation for utility service connections, must be reinstated to the satisfaction of the Responsible Authority and at the cost of the permit holder.

37. Any portions of redundant vehicle crossing must be broken out and removed and

reinstated with kerbing and paving to match the surrounding area. The cost of these works must be borne by the permit holder and be undertaken to the satisfaction of the Responsible Authority.

38. The proposed new vehicle crossings are to be constructed in accordance with City of

Yarra Standard Drawings and Specifications, to the satisfaction of the Responsible Authority.

39. The finished floor levels for pedestrian access and car parking areas must be such

that pedestrian and vehicular access meets Australian Standards. 40. Existing footpath, kerb and channel, and road pavement surface levels must not be

altered unless with the approval of the Responsible Authority. 41. The permit holder must not commence any civil infrastructure works on any Public

Highway without obtaining formal consent from the Responsible Highway Authority. 42. The permit holder must not commence any civil infrastructure works, repair works or

upgrading works on Council land without obtaining formal consent from the

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Responsible Authority. Soil conditions 43. Before the commencement of the development hereby approved, other than works

for the purpose of obtaining a Certificate or Statement under Clause (a) or (b) of this condition respectively, either:

(a) Certificate of Environmental Audit indicating the land in the relevant stage is suitable for residential use must be issued for the land in accordance with Section 53Y of the Environment Protection Act 1970; or

(b) an environmental auditor appointed under the Environment Protection Act 1970 must make a statement in accordance with Section 53ZS of the Act that the environmental conditions of the land is suitable for residential use.

44. A copy of the certificate of environmental audit or statement, and the complete audit report and audit area plan must be submitted to the Responsible Authority.

45. The use and/or development/buildings and works allowed by this permit must

comply with the directions and conditions of any statement of environmental audit issued for the land.

46. Prior to the occupation of dwellings in a stage of the development a letter must be

submitted to the Responsible Authority by an Environmental Auditor accredited with the EPA, to advise that all construction and remediation works necessary and required by an environmental audit or statement for that stage have been carried out.

47. Any handling and disposal of contaminated site soil must be in accordance with the

requirements of any statement of environmental audit issued for the land, the requirements of the Environment Protection Authority and the Environment Protection Act 1970.

48. The landowner and all its successors in title or transferees must, upon release for

private sale of the parent lot or each of the lots, created by subdivision, include in the vendor’s statement pursuant to section 32 of the Sale of Land Act 1962 annexed to the contract of sale for the sale of the land, a copy of the endorsed development plans, planning permit and statement of environmental audit (together with any later issued certificate of environmental audit) for the land.

Waste Management

49. All waste from the commercial component of the development must be collected via a private collection service, to the satisfaction of the Responsible Authority.

50. Prior to the occupation of the dwellings the permit holder must submit a Waste

Management Plan in consultation with and to the approval of the Responsible Authority. The Waste Management Plan must include, but not be limited to the following:

(a) Weekly collection frequency (with not more than twice weekly if sufficiently justified);

(b) Waste weekly quantities in cubic metres of garbage and recycling that will be generated;

(c) Waste containers to accommodate the waste generated;

(d) Appropriately sized bin storage area;

(e) The actual collection process and procedures; and

(f) A mechanism to ensure future owners and occupiers of the development

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(residential and commercial) are made aware of all collection agreements. 51. Rubbish, including bottles and packaging material, must at all times be stored within

the building and screened from external view and be managed in accordance with the Waste Management Plan prepared by Leigh Design, dated 18 November 2010. All waste and recycling collect to be undertaken between the hours specified in Council’s Local Law No. 3.

Construction 52. Before the development commences, a Construction Management Plan to the

satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plan will be endorsed as evidence of its approval. The plan must provide for or include the following:

(a) a pre-conditions survey (dilapidation report) of the subject site and all adjacent Council roads frontages and nearby road infrastructure;

(b) protection works necessary to road and other infrastructure (limited to an area reasonably proximate to the site);

(c) protection works necessary for the retained section of Heritage buildings including the mural along Green Street;

(d) remediation of any damage to road and other infrastructure (limited to an area reasonably proximate to the site);

(e) containment of dust, dirt and mud within the site and method and frequency of clean up procedures in the event of build up of matter outside the site;

(f) on-site facilities for vehicle washing;

(g) methods for management of noise and general nuisance;

(h) site security;

(i) waste and stormwater treatment;

(j) construction program;

(k) preferred arrangements for trucks delivering to the site;

(l) parking facilities for construction workers;

(m) delivery and unloading points and expected frequency;

(n) an outline of requests to occupy public footpaths or roads, or anticipated disruptions to local services;

(o) an emergency contact that is available for 24 hours each day for residents and the Responsible Authority in the event of relevant queries or problems experienced; and

(p) traffic management measures to comply with provisions of AS 1742.3-2002 Manual of uniform traffic control devices - Part 3: Traffic control devices for works on roads.

53. During construction, the following must occur to the satisfaction of the Responsible

Authority:

(a) any stormwater discharged into the stormwater drainage system to comply with EPA guidelines;

(b) stormwater drainage system protection measures must be installed as required to ensure that no solid waste, sediment, sand, soil, clay or stones from the premises enters the stormwater drainage system;

(c) vehicle borne material must not accumulate on the roads abutting the site;

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(d) the cleaning of machinery and equipment must take place on site and not on adjacent footpaths or roads;

(e) all litter (including items such as cement bags, food packaging and plastic strapping) must be disposed of responsibly;

(f) all site operations must comply with the EPA Publication TG302/92; and

(g) the permit holder must ensure that at all times, all construction workers and associated development staff are aware of conditions 52 and 53.

54. The development, once commenced, must be completed to the satisfaction of the

Responsible Authority. 55. Except with the written consent of the Responsible Authority, demolition or

construction works must only be carried out between: 7.00 am – 6.00 pm, Monday-Friday (excluding public holidays) and 9.00 am – 3.00 pm, Saturday and public holidays. No work is to be carried out on Sundays, ANZAC Day, Christmas Day or Good Friday without a specific permit. All site operations must comply with the relevant Environmental Protection Authority's Guidelines on Construction and Demolition Noise.

Department of Transport (conditions 56 to 78) Structural engineering 56. Prior to the commencement of the use or development, the permit applicant must

identify a suitably qualified engineer whose appointment and terms of reference are to be approved by the Director of Public Transport (the Engineer) to advise on the structural integrity of the proposed development so as not to prejudice the redevelopment of the railway line located to the rear of the Subject Land.

57. Retain the Engineer at the cost of the Permit Applicant. 58. Seek a report from the Engineer, subject to the approval of the Director of Public

Transport, containing advice on the structural integrity of the proposed development of the Subject Land including advice specifically on the following:

(a) demonstrate that the proposed design of the development will not prejudice

future options to be advised by the Director of Public Transport for new rail infrastructure in the railway corridor and that the building at the Subject Land will continue to be self supporting;

(b) demonstrate that a range of options for future expansion of the railway tracks

within the rail corridor (e.g. a cut and stack model to be constructed in the rail corridor, or elevated tracks etc) which may require excavation up to the boundary of the Subject Land within the rail corridor, will not be prejudiced;



(d) outline risk mitigation design options in the event of derailment for protection of

the building in the vicinity of the rail corridor; (e) demonstrate that the design of the development complies with the Derailment

Loadings as set out in the Australian Standard AS 5100; (f) demonstrate that the location of plant, access and service equipment within

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the development will minimise disruption to the development should it prove necessary to widen the rail corridor;



Amended plans 59. Following receipt of the report from the Engineer, and approval of the report by the

Director of Public Transport, the permit applicant must submit plans to the Director of Public Transport for review, comment and approval which implement the recommendations of the Engineer's report. The plans are to be drawn to scale (1:100), be generally in accordance with the endorsed plans, and be in accordance with the recommendations in the report from the Engineer.

Prior to construction 60. Prior to the commencement of works, an agreement must be entered into with the

Department of Transport, VicTrack and the Rail Operator for construction, maintenance and disturbance of land abutting the railway reserve.

61. Prior to the commencement of works, the Rail Operator must be contacted to obtain

the conditions and safety requirements of working near an operating railway and live power feeders.

62. All necessary construction control agreements and indemnity agreements must be in

place prior to works commencing. 63. Prior to the commencement of works, a construction management plan must be

prepared and endorsed by the Director of Public Transport. Public transport infrastructure/service protection during construction

64. The permit holder must ensure that all public transport infrastructure (including


65. The permit holder must take all reasonable steps to ensure that disruption to train

operation within the railway corridor and tram operations along Swan Street are kept to a minimum during the construction of the development. Foreseen disruption to rail operation during construction and mitigation measures must be communicated to Metro Trains and the Director of Public Transport fourteen days (14) prior.

Building design 66. The permit holder must take all reasonable steps (including appropriate screening to

balconies) to ensure that objects cannot be projected into the rail corridor to the satisfaction of the Director of Public Transport.

67. No lighting is to be erected that throws light onto the railway tracks or which interferes with the visibility of signals and the rail lines by train drivers.

68. Building materials (including glass/window treatments) along the rail corridor must be

non-reflective and avoid using red or green colour schemes that may interfere with driver operations.

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railway land or stored or deposited on railway land. 70. Permanent or temporary soil anchors must not be installed on railway land. 71. Entry onto railway land is at the discretion of the Rail Operator and is subject to any

conditions imposed by it. 72. No excavation, filling or construction must take place on or near the common




Green Travel Plan 74. Before the use of the land commences, a Green Travel Plan must be prepared to the

satisfaction of the Responsible Authority following consultation with the Department of Transport (Public Transport Division). The plan must be prepared by a suitably qualified person and must demonstrate how the use of non-private vehicle transport modes will be encouraged by the staff and residents. The plan must include the following:












Where possible, multi-lingual information/brochures regarding transport

Agenda Page 101


timetables, routes, destinations etc





77. Once approved the Green Travel Plan must form part of the planning permit and any

ongoing management plan for the land to ensure the Green Travel Plan continues to be implemented by staff / residents to the satisfaction of the Responsible Authority.

Prior to occupation of the development 78. As built drawings of the building must be provided to the Director of Public Transport

prior to occupation of the development or at another time agreed in writing. Time limits 79. This permit will expire if the development is not commenced within two years from

the date of this permit. All development must be completed within four years from the date of this permit. The Responsible Authority may approve extensions to these time limits if requests are made within three months of expiry.

Notes:

The site must be drained to the legal point of discharge, to the satisfaction of the Responsible Authority. All future residents, employees and occupiers residing within the development approved under this permit will not be permitted to obtain resident, employee or visitor parking permits. A copy of this permit and the endorsed plan (and any subsequent variation) must form part of the document to any Contract of Sale or Lease for any part of the site after the date of the permit. In accordance with the Yarra Planning Scheme, a 4.5 per cent public open space contribution will apply in the event of the subdivision of the land. A building permit may be required before development is commenced. Please contact Council’s Building Services Unit on Ph. (03) 9205 5351 to confirm.

Department of Transport Notes:

Prior to the commencement of works, the Applicant/Developer must contact the Rail Operator by telephoning Andrew Irving of Metro Trains, on (03) 9619 7174 or 0419 523 856, to obtain the conditions and safety requirements of working near an operating railway and live power feeders.

The development is located adjacent to an operating railway corridor, where train services may operate 24 hours a day, 7 days a week, therefore the permit applicant may wish to construct windows and built form that incorporates noise attenuation materials (i.e. double glazing and appropriate wall attenuation materials) to reduce amenity impacts.

Agenda Page 102


CONTACT OFFICER: Danielle Connell TITLE: Coordinator, Statutory Planning TEL: 92055157 Attachments 1 Attachment 1 - Dimmeys - Heritage Victoria Permit and Endorsed Plans 2 Attachment 2.1 Dimmeys - Architectual Drawings Part 1 3 Attachment 2.2 Dimmeys - Architectural Drawings Part 2 4 Attachment 2.3 Dimmeys-Architectural Drawings Part 3 5 Attachment 3 - Dimmeys Referral Comments

save dimmeys. yarra council report pt1

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