APAC-#63110954-v1

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Your reference: Our reference:

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25 January 2018 By email Mark Sheppard Principal David Lock Associates Level 2, 166 Albert Street SOUTH MELBOURNE VIC 3205 Email: marks@dlaaust.com Dear Mark Fishermans Bend Draft Amendment GC81

We refer to your telephone discussion with Tamara Brezzi and confirm we act nine landholders (Clients) in the matter of Draft Amendment GC81 (Amendment GC81) in the Fishermans Bend Urban Renewal Area (FBURA). Our Clients are:

1. CitiPower in relation to 90-96 Johnson Street, South Melbourne;

2. Costa Fox Developments Pty Ltd in relation to 99-111 Lorimer Street, Docklands;

3. Goodman Limited in relation to multiple landholdings in the FBURA;

4. Lie Properties Pty Ltd in relation to 187-197 Normanby Road, South Melbourne;

5. Normanby Road Developments Pty Ltd in relation to 235-243 Normanby Road, South Melbourne;

6. Perpetual Normanby Pty Ltd in relation to 228-232 & 234-238 Normanby Road, South Melbourne;

7. Salvo Property Group in relation to 60-82 Johnson Street, South Melbourne

8. Springbank Properties Pty Ltd in relation to 162-188 Turner Street, Port Melbourne; and

9. Third Street Pty Ltd in relation to 320 Plummer Street, 365-391 Plummer Street and 17 Rocklea Drive, Port Melbourne.

Our Clients have instructed us to advise them in the Amendment GC81 process and represent them in the Panel Hearing. As a result of the Direction hearing held on 20 December 2017, the hearing is scheduled to be in held two stages – the Stage 1 hearing commencing in the week of 19 February 2018 and Stage 2 in the week of 9 April 2018.

1 Background

1.1 Fishermans Bend is an urban renewal project covering approximately 480 hectares of mainly industrial land spanning two councils – City of Melbourne (MCC) and the City of Port Phillip (PPCC).

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1.2 In April 2015, the Minister for Planning (Minister), under section 20(4) of the Planning and Environment Act 1987 (Act), approved Planning Scheme Amendment GC29, which introduced interim planning controls and updated the Framework to the Fishermans Bend Strategic Framework Plan (July 2014, amended April 2015).

1.3 In June 2015, Government established an independent Ministerial Advisory Committee (MAC) to provide community consultation and expert advice for Fishermans Bend.

1.4 The Fishermans Bend Taskforce (Taskforce) was subsequently created in February 2016 as a dedicated unit within the Department of Environment Land Water and Planning (DELWP) to carry out strategic planning work for Fishermans Bend in response to one of the MAC’s recommendations

1.5 In November 2016, while the Fishermans Bend Framework (Framework) and permanent planning controls were being developed, the Minister approved further interim planning controls as part of the Planning Scheme Amendment GC50 (and later updated by GC59).

1.6 Draft Amendment GC81 has been prepared to implement the Vision for Fishermans Bend through a suite of permanent controls including amendments to the Melbourne and Port Phillip Planning Schemes and a new Fishermans Bend Framework.

1.7 The Minister has appointed an Advisory Committee pursuant to Part 7, section 151 of the Act to report on the “appropriateness” of the draft Amendment GC81 and is to be known as the ‘Fishermans Bend Planning Review Panel’ (Review Panel). The Terms of Reference have been established by the Minister for the Review Panel.

1.8 A Directions Hearing was held before the Review Panel for Amendment GC81 on 20 December 2017 at which our request for an adjournment of the Review Panel Hearing was approved.

1.9 As a result, the public hearing is now expected to be in two stages with Stage 1 commencing in the week of 19 February 2018 and Stage 2 commencing in the week of 9 April 2018.

2 Your engagement

2.1 Our Clients wish to engage to:

(1) review the memorandum and accompanying documents;

(2) confer with instructing solicitors where necessary;

(3) independently review the proposed amendment from an urban design perspective and, if appropriate, prepare an independent expert report in relation to

(i) the whole of FBURA;

(ii) the Costa Fox Developments Pty Ltd’s land;

(iii) the Lie Properties Pty Ltd’s land:

(iv) the Normanby Road Developments Pty Ltd’s land;

(v) the Perpetual Normanby Pty Ltd;

(vi) the Salvo Property Group’s land;

(vii) Springbank Properties Pty Ltd; and

(viii) The Third Street Pty Ltd.

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(4) if required, appear at the Review Panel Hearing scheduled to be in two stages with the Stage 1 hearing and Stage 2 hearing commencing on 19 February 2018 and 9 April 2018 respectively for the purpose of presenting your expert opinion concerning urban design matters. Your appearance will be required in the Stage 2 hearing.

3 The Land

3.1 The parcels of land owned by the Clients are as follows:

Client Name Affected Land Precinct Zone Council

1. CitiPower 90-96 Johnson Street, South Melbourne Sandridge CCZ1 PPCC

2. Costa Fox Developments Pty Ltd

99-111 Lorimer Street, Docklands Lorimer CCZ4 MCC

3. Goodman

Unit 19/62 and 62 Salmon Street, Port Melbourne

437, 451, 461, 465, 467, 477 and 481 Plummer Street, Port Melbourne, 3207

Wirraway CCZ1 PPCC

80 and 111 Turner Street, Port Melbourne

768 Lorimer Street, Port Melbourne

Part 770 Lorimer Street, Port Melbourne

Employ/ ment

IN1Z (for 111 Turner St) & C2Z

MCC

850, 854 and 858 Lorimer Street, Port Melbourne

Lorimer CCZ4 MCC

349 and UNIT 7-13/350 Bridge Street, Port Melbourne, 3207

520 Graham Street, Port Melbourne

UNIT 4A, 4B and 4C/522 Graham Street, Port Melbourne

UNIT 5A and 5B of 533 Plummer Street, Port Melbourne

UNIT 1-6/153 Bertie Street, Port Melbourne

Sandridge CCZ1 PPCC

4. Lie Properties Pty Ltd

187-197 Normanby Road, South Melbourne Montague CCZ1 PPCC

5. Normanby Road Developments Pty Ltd

235-239 and 241-243 Normanby Road, South Melbourne

Montague CCZ1 PPCC

6. Perpetual Normanby Pty Ltd

228-232 & 234-238 Normanby Road, South Melbourne

Montague CCZ1 PPCC

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7. Salvo Property Group

60 - 82 Johnson Street, South Melbourne Sandridge CCZ1 PPCC

8. Springbank Properties Pty Ltd

162-188 Turner Street, Port Melbourne Lorimer CCZ4 MCC

9. Third Street Pty Ltd

320 and 365 Plummer Street, Port Melbourne

17 Rocklea Street, Port Melbourne

Wirraway CCZ1 PPCC

4 Amendment CG81

4.1 Amendment GC81, which is underpinned by 17 background reports, translates elements in the draft Framework by identifying:

(1) the preferred land use, form and intensity of urban development in each of the four mixed use precincts, including new floor area ratios and maximum height and setback controls; and

(2) potential key transport alignments and services and the preferred locations for public open space and community infrastructure.

4.2 Amendment GC81 seeks to make the following changes to the Melbourne Planning Scheme:

(1) introduce new Planning Scheme Map No. 7AEO requiring land within the Lorimer precinct to be remediated before a sensitive use commences;

(2) amend clauses 21.02, 21.04, 21.08, 21.13, 21.16 and 21.17 which relate to the Municipal Strategic Statement;

(3) replace Clause 22.27 with a new Clause 22.27 Fishermans Bend Urban Renewal Area Local Policy;

(4) replace Schedule 4 to Clause 37.04 CCZ with a new Schedule 4 which outlines land use and development outcomes for the Fishermans Bend Area;

(5) replace Schedule 67 to Clause 43.02 DDO with a new Schedule 67 which outlines built form controls;

(6) replace Schedule 13 to Clause 45.09 (PO) with a new Schedule 13 which sets maximum car parking rates to foster sustainable transport outcomes; and

(7) amend Schedules to Clause 61.03 and 81.01 which are consequential changes to the Amendment.

4.3 Amendment GC81 seeks to make the following changes to the Port Phillip Planning Scheme:

(1) introduce new Planning Scheme Map Nos. 2DPO, and 3DPO to protect areas of strategic importance to ensure development achieves defined outcomes;

(2) introduce new Planning Scheme Map No. 1AEO and amend Planning Scheme Map Nos. 2EAO and 3EAO, requiring land within the Lorimer precinct to be remediated before a sensitive use commences;

(3) amend Planning Scheme Map No IEAO which provides guidance on development within the Port Melbourne interface;

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(4) amend clauses 21.01, 21.02, 21.03, 21.04, 21.05 and 21.06 which relate to the Municipal Strategic Statement;

(5) replace Clause 22.15 with a new Clause 22.15 Fishermans Bend Urban Renewal Area Local Policy;

(6) replace Schedule 1 to Clause 37.04 CCZ with a new Schedule 1 which outlines land use and development outcomes for the Fishermans Bend Area;

(7) replace Schedule 30 to Clause 43.02 DDO with a new Schedule 30 which outlines built form controls;

(8) replace Schedule 1 to Clause 45.09 (PO) with a new Schedule 1 which sets maximum car parking rates to foster sustainable transport outcomes;

(9) introduce a new Schedule 2 to Clause 43.04 DPO to protect areas of strategic importance to ensure development achieves defined outcomes; and

(10) amend Schedules to Clause 61.03 and 81.01 which are consequential changes to the Amendment.

5 The Land details and specific concerns

5.1 CitiPower

(1) The land is:

(a) 4,066 sqm in area and is currently improved by an electrical sub-station;

(b) in the Capital City Zone Schedule 1 (CCZ1) of the Port Phillip Planning Scheme; and

(c) is also affected by Design and Development Overlay Schedule 30 (DDO30), Development Contribution Plan Overlay Schedule 2 (DCPO2) and Parking Overlay Precinct Schedule 1 (PO1).

(2) CitiPower is primarily concerned with the following aspects of the draft Amendment GC81:

(a) the population estimates used as one of the basis for the draft Amendment GC81;

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(b) the FAR and dwelling density;

(c) street wall heights and setbacks;

(d) car parking provision; and

(e) affordable housing requirements.

5.2 Costa Fox Developments

(1) The land is:

(a) 4,109 sqm in area and is currently used for car parking associated with a Subaru car dealership on the adjoining site;

(b) in the CCZ4 of Melbourne Planning Scheme; and

(c) affected by DDO67, DCPO1, PO13 and Special Building Overlay Schedule (SBO).

(2) Pursuant to the current interim controls, a permit application (PA1700285) was prepared and submitted to the Minister on 13 September 2017 after a pre-application meeting with DELWP on 19 June 2017.

(3) The permit application seeks approval for the following:

(a) a 40 storey tower with compliant podium height and setback from street boundaries;

(b) 396 dwellings and approximately 3,800 sqm of non-residential floor space including uses on ground level that engage with the public realm;

(c) 497 parking spaces to be allocated between the different uses;

(d) the ability to increase the amount of non-residential floor space by conversion of podium parking areas; and

(e) setting back of the building from the east boundary in order to create a north-south laneway link between Lorimer Street and Boundary Street.

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(4) As Amendment GC81 does not provide a transitional provision, if introduced in its current form, the permit application will be significantly impacted by the proposed controls on the subject land which include:

(a) a reduction in the building height to a preferred height of 18 storeys;

(b) a mandatory FAR of 5:4:1;

(c) other built form controls in relation to, inter alia, setbacks, street wall heights, building separation and overshadowing;

(d) the proposed Lorimer Street tram alignment;

(e) Lorimer Street 10m landscape setback;

(f) open space planning and overshadowing provisions; and

(g) parking rates.

5.3 Goodman Limited

(1) Goodman has the largest parcel of land under single ownership within the FBURA. The land is approximately 33 hectares total in area with 26 hectares of it being contiguous land across the Wirraway and Sandridge precincts.

(2) The land in the Wirraway precinct is:

(a) in CCZ1 of the Port Phillip Planning Scheme; and

(b) affected by DDO30 with mandatory, DCPO2 and PO1.

(3) For the land in the Employment precinct:

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(a) 80 Turner Street, Port Melbourne is in the Schedule to the Industrial 1 Zone (IN1Z) of the Melbourne Planning Scheme and affected by the City Link Project Overlay (CLPO) and Environmental Significance Overlay (ESO).

(b) 111 Turner Street and the Lorimer Street, Port Melbourne land is in the Commercial 2 Zone (C2Z) of the Melbourne Planning Scheme and affected by the ESO1.

(4) The land in the Lorimer precinct is:

(a) in CCZ4 of the Melbourne Planning Scheme; and

(b) affected by DD67, DCPO1 and PO13.

(5) The land in the Sandridge precinct is:

(a) in CCZ1 of the PP Planning Scheme;

(b) affected by DDO30, DCPO2 and PO1.

(6) Amendment GC81 will impact on the Goodman’s land, inter alia, by:

(a) requiring 40% of the 26 hectares of contiguous land across the Wirraway and Sandridge precincts to be dedicated for new public realm; and

(b) the proposed widening of Plummer Street which is expected to result in the loss of approximately 76,000 sqm floor space.

(7) Goodman’s Submission to the Review Panel was prepared by Roberts Day and outlines their vision for the significant landholdings in the FBURA;

(8) The Submission outlines Goodman’s “Value-Add Concept” which includes the following recommendations:

(a) recognise the Goodman’s significant landholding in the FBURA as a unique opportunity for achieving the objectives of the Draft Framework;

(b) remove the minimum commercial floor space for Goodman’s land within the Wirraway precinct on the basis that the job target can be accommodated within the Sandridge precinct as Goodman has the largest landholding in this precinct;

(c) consider the Goodman’s “mobility network” which will consist of Persuasive Electric Vehicles and Autonomous Jitneys (small self-driving buses) aided by smart city technologies;

(d) transfer the bonus floor space from the Goodman’s landholding in Wirraway across other Goodman sites to create an optimal urban design outcome and overall increased density from 268 dwellings per hectare to 427 - 524 dwellings per hectare;

(e) revise the FAU Uplift mechanism by removing the numeric height restrictions and the 6% affordable housing target;

(f) adjust apartment mixes and mix to provide more flexibility;

(g) focus entertainment uses in the Lorimer precinct by deleting the minimum commercial floor space requirement in the precinct and apply a similar overall height and density control as the Sandridge precinct;

(h) incorporate smart parking rates; and

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(i) review FAR and height controls.

5.4 Lie Property Pty Ltd

(1) The land is:

(a) approximately 3,582 sqm in area and is currently improved by a single-storey commercial building occupying the majority of the land and used as a hardware/tool supplies business;

(b) in the CCZ1 of the PP Planning Scheme; and

(c) affected by DDO30, DCPO2, PO1 and SBO2.

(2) Pursuant to the current interim controls, permit application (PA1700294) was prepared and submitted to the Minister on 12 October 2017 after a pre-application meeting with DELWP, PPCC and representatives of the Taskforce.

(3) The permit application seeks approval for the following:

(a) a 40 storey tower with compliant podium height and setback from street boundaries;

(b) 378 dwellings and approximately 4,800 sqm of retail and office floor space;

(c) 308 parking spaces and 378 bicycle spaces; and

(d) creation of a new lane/road along the east boundary connecting Normanby Road and Woodgate Street.

(4) As Amendment GC81 does not provide a transitional provision, if introduced in its current form, the permit application will be significantly impacted by the proposed controls on the subject land which include:

(a) a reduction in the building height to a preferred height of 20 storeys with a mandatory FAR of 6:1:1;

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(b) other built form standards controls in relation to, inter alia, setbacks, street wall heights, building separation and overshadowing;

(c) a new 22 wide road located along the site’s south-east boundary and a new indicative laneway on the site’s south-west boundary, and a provision that states that a permit must not be grated if, inter alia, the proposed road and laneway are not provided;

(d) a linear open space area along the existing light rail alignment;

(e) car parking rates and crossover requirements; and

(f) the requirement that a Development Plan be prepared and approved prior to the issue of a permit on the subject site.

5.5 Normanby Road Developments Pty Ltd

(1) The land is:

(a) 3260 sqm in area and is currently improved by a tertiary education facility;

(b) in the CCZ1 of the PP Planning Scheme; and

(c) affected by DDO30, DCPO2, PO1 and SBO2.

(2) On 18 December 2018, Normanby Road Development lodged a planning permit application (PA1700315) seeking approval for a 40 storey tower consisting of 326 dwellings, commercial floor space and affordable housing.

(3) Normanby Road Development has received a Request For Information from DELWP on 12 January 2018.

(4) As Amendment GC81 does not provide a transitional provision, if introduced in its current form, the permit application will be significantly impacted by the proposed built form standards controls including building height, FAR, setbacks, street wall heights, building separation and overshadowing.

(5) Normanby Road Development is also concerned with the lack of strategic justification to support the proposed policies and controls.

5.6 Perpetual Normanby Pty Ltd

(1) The land is:

(a) 3,036 sqm in area and is currently improved by two attached double storey buildings which are used as a vehicle showroom and a service centre;

(b) in the CCZ1 of the PP Planning Scheme; and

(c) affected by DDO30, DCPO2 and PO1.

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(2) The land has the benefit of a permit (MPA14/007) issued by the Minister on 20 May 2015 which allows:

(a) “demolition of the existing building and construction of a mixed use development use of the land for dwellings; and alteration of access to a Road Zone, Category 1”;

(b) two independent towers of 39 storeys (133m) and 49 storeys (165m);

(c) 525 dwellings and approximately 608 sqm of retail floor space;

(d) 243 parking spaces and 332 bicycle spaces; and

(e) creation of a one-way vehicle access and pedestrian through-block link between Normanby Road and Munro Street.

(3) An application for extension of time was approved by DELWP on 19 March 2017 and the new commencement and completion dates are 20 May 2018 and 20 May 2021 respectively.

(4) As Amendment GC81 does not provide a transitional provision, if introduced in its current form, the permit application will be significantly impacted by the proposed controls on the subject site which include:

(a) a reduction in the building height to a preferred height of 20 storeys with a mandatory FAR of 6:1:1;

(b) other built form standards controls in relation to, inter alia, setbacks, street wall heights, building separation and overshadowing;

(c) a new indicative laneway on the land’s east boundary, and a provision that states that a permit must not be granted if inter-alia the proposed laneway is not provided;

(d) nomination of the Normanby Road frontage as a ‘Primary active frontage’, and no crossovers being allowed to access Normanby Road;

(e) car parking rates; and

(f) the requirement that a Development Plan be prepared and approved prior to the issue of a permit on the subject site.

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5.7 Salvo Property Group

(1) The land is:

(a) approximately 9,770 sqm in area and has been cleared for remediation work;

(b) in the CCZ1 of the PP Planning Scheme; and

(c) affected by DDO30, DCPO2, PO1 and SBO2.

(2) The land was purchased in 2016 and has the benefit of a planning permit (MPA14/003) issued on 20 May 2015 and subsequently amended on 17 October 2016.

(3) The amended permit allows for the following:

(a) two podiums and four tower buildings;

(b) tower heights of 46 storeys (Tower 1A), 26 storeys (Tower 1B), 43 storeys (Tower 2A) and 20 storeys (Tower 2B);

(c) approximately 1200-1300 apartments subject to internal configuration;

(d) approximately 1,800 sqm of non-residential floor space;

(e) parking spaces; and

(f) 11m wide strip of land at the northern end of the land, set aside for a future road and a new internal road that divides the balance of the land and allows it to be developed in stages.

(4) As Amendment GC81 does not provide a transitional provision, if introduced in its current form, the permit will be significantly impacted by the proposed controls on the subject land, which include:

(a) a discretionary 24 storey building height and new building setback provisions including a mix of mandatory and discretionary provisions;

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(b) a mandatory FAR of 3:3:1;

(c) other built form standards controls in relation to, inter alia, setbacks, street wall heights, building separation and overshadowing;

(d) introduction of a new 22 wide road along the northern boundary of the land and a provision that states that a permit must not be granted if, inter alia, a proposed street is not provided;

(e) public open space to the south of the proposed road and along the northern boundary;

(f) car parking rates; and

(g) minimum floor to floor height provisions associated with the future adaptability of buildings.

5.8 Springbank Properties Pty Ltd

(1) The land is:

(a) approximately 20,650 sqm in area;

(b) in the CCZ4 of the Melbourne Planning Scheme; and

(c) affected by DDO67, CLPO and DCPO1.

(2) Pursuant to the current interim controls, permit application was prepared and submitted to the Minister on 30 June 2015.

(3) The permit application seeks approval for the following:

(a) a staged development of the land for five towers in a tower/podium typology;

(b) compliant podium height and setback from street boundaries;

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(c) 1596 dwellings and approximately 3,904 sqm of retail and office floor space including office space for Acciona Geotech;

(d) 1079 parking spaces; and

(e) Community facilities including two multi-purpose courts (approximately 1,994 sqm).

(4) An Application for Review has been recently filed with the Victorian Civil and Administrative Tribunal (VCAT) for the Minister’s failure to make a decision. However, the permit application is currently being assessed by the MCC and DELWP following discussions on a number of design issues and Springbank is hopeful that a resolution regarding the outstanding issues can be reached.

(5) As Amendment GC81 does not provide a transitional provision, if introduced in its current form, the permit application will be significantly impacted by the proposed controls on the subject site, which include:

(a) a mandatory FAR of 5:4:1 despite unlimited building height applying to the land;

(b) other built form standards controls in relation to, inter alia, setbacks, street wall heights, building separation and overshadowing;

(c) a 10m landscape setback along Lorimer Street frontage;

(d) introduction of a new 12 wide road along the southern and south-western boundaries of the land;

(e) introduction of an indicative laneway on the site’s east boundary; and

(f) car parking rates.

5.9 Third Street Pty Ltd

320 Plummer Street, Port Melbourne

(1) The land is;

(a) approximately 7,450 sqm in area;

(b) in CCZ1 of the Port Phillip Planning Scheme;

(c) affected by DDO30, DCPO2 and PO1.

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(2) The land has the benefit of a planning permit (MPA14/0005) issued at the direction of VCAT on 12 August 2015.

(3) On 4 October 2016, an amended Permit was issued at the direction of VCAT allowing for:

(a) 3 residential towers (1 x 15 storeys and 2 x 12 storeys);

(b) 497 dwellings and 961 sqm of retail floor space; and

(c) 494 car spaces.

(4) Third Street Pty Ltd is currently seeking endorsement of development plans with a view to commencing construction early 2018.

365-391 Plummer Street, Port Melbourne

(5) The land, known as 365 Plummer Street, is:

(a) comprised of three lots with a total area of approximately 1.95 hectares in area;

(b) in CCZ1 of the Port Phillip Planning Scheme; and

(c) affected by DDO30, DCPO2 and PO1.

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(6) In October 2014, Third Street Pty Ltd purchased the land with the vision to redevelop the site pursuant to the planning controls applying at the time which contained no maximum height control and provided for discretionary setback.

(7) In November 2016, following multiple formal pre-application meetings with DELWP and PPCC, Amendment GC50 was introduced which prohibited the proposal. The proposal was therefore redesigned to comply with the mandatory controls under Amendment GC50.

(8) On 28 February 2017, a planning permit application (PA1700209) was submitted pursuant to the controls under Amendment GC50 seeking approval for:

(a) 3 residential towers (1 x 12 storeys and 2 x 18 storeys);

(b) 1,188 dwellings and 2,113 sqm of retail floor space;

(c) 985 parking spaces; and

(d) approximately 1720 sqm of site excited for roads.

17 Rocklea Drive, Port Melbourne

(9) The land is:

(a) irregular in shape with an overall area of approximately 3165 sqm and is currently improved by a 2.5 storey warehouse and grade parking;

(b) in CCZ1 of the Port Phillip Planning Scheme; and

(c) affected by DDO30, DCPO2 and PO1.

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(10) The land was purchased by Third Street Pty Ltd in June 2015 and a development proposal was prepared. However, this application was also affected by Amendment GC50 and was subsequently redesigned to comply with the new controls.

(11) On 28 February 2017, a planning permit application (PA1700210) was submitted to the Minister seeking approval for:

(a) 1 tower of 18 storeys;

(b) 224 dwellings and 200 sqm retail floor space;

(c) 185 parking spaces.

(12) On 18 October 2017, an appeal was lodge with VCAT the Minister’s failure to make a decision and the matter is currently set down for a hearing in March 2018.

(13) As Amendment GC81 does not provide a transitional provision, if introduced in its current form, the permit applications will be significantly impacted by the proposed controls on the subject site, which include:

(a) in relation to 320 and 365 Plummer Street, a reduction of building height to 8-10 storeys and 12 storeys respectively and 6 storeys for 17 Rocklea Drive;

(b) mandatory FAR which are at odds with the height control provisions;

(c) dwelling density proposed for the land;

(d) other built form standards controls in relation to, inter alia, setbacks, street wall heights, building separation and overshadowing;

(e) open space and overshadowing provisions – a new neighbourhood park is proposed within the north of 365 Plummer Street adjoining the new 22 metre wide road;

(f) crossover provisions prohibiting vehicle access from Plummer and Salmon Street; and

(g) car parking rates.

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6 Review Panel Hearing

6.1 The Draft Framework and the Amendment documents were released for exhibition on 31 October 2017 and submissions were due on 15 December 2017. 242 submissions were received in total.

6.2 A Directions Hearing for the matter was held on 20 December 2017 at which the Review Panel approved our request for an adjournment of the Review Panel Hearing.

6.3 A Preliminary List of Key Issues was also circulated by the Review Panels to all parties at the Directions Hearing.

6.4 The Review Panel Hearing is scheduled to be held in two stages with Stage 1 hearing beginning on 19 February 2018 and Stage 2 hearing beginning on 9 April 2018. Stage 1 hearing is expected to run for 3 weeks and Stage 2 hearing for 4 weeks.

6.5 On Tuesday 13 February 2018, the Taskforce will replicate the presentation made at the public briefing to the Review Panel and others on 10 and 24 November 2017.

6.6 On 19 January 2018, the Taskforce requested an adjournment of the Stage 1 hearing to 12 March 2018 on the basis that they have not been able to secure a suitably qualified expert witness on behalf of the Minister in the areas of strategic transport planning, open space and development viability. The Review Panel rejected this request but allowed the Taskforce to lodge their evidence in the aforementioned area by 6 March 2018 and to call them in the week commencing 13 March 2018.

6.7 In the Stage 1 hearing, the Taskforce will present its submissions and evidence (other than in the areas of strategic transport planning, open space and development viability) in relation to both general matters and each of the four precincts. MCC and PPCC will also run their preliminary submissions in full and may call some of their evidence along with any submitters who wish to be heard in Stage 1.

6.8 In the Stage 2 hearing, all other submitters will be heard. The authorities will also be given an opportunity to make brief opening submissions on any general matters that have not been addressed in the Stage 1 hearing.

6.9 The key dates for expert evidence based on the current hearing dates are as follows:

(1) The Taskforce to circulate its submissions and evidence by 12pm Monday 5 February 2018.

(2) All evidence for Stage 2 hearing to be circulated by 12pm Thursday 29 March 2018 and on this basis, we would require the draft evidence by 22 March 2018.

6.10 We have retained the following experts to give evidence on the whole of FBURA issues on behalf of the Clients:

(1) Stuart McGurn and Andrew Biacsi on town planning matters; and

(2) Ian Shimmin on demographic and economic matters.

6.11 We are yet to retain a transport planning expert for the purpose of addressing the whole of FBURA issues and the Goodman site.

6.12 Each landowner will also be relying on site specific evidence provided by experts as set out in the timetable submitted to the Review Panel on 19 January 2018 and provided in your brief of document.

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6.13 For the Goodman Limited’s landholdings we have retained Mike Day on urban design matters and Catherine Heggen on town planning matters. Catherine Heggen will also provide a peer review of Mike Day’s evidence.

7 Background documents

7.1 Provided electronically via Kiteworks is a folder of background documents for your consideration (see attached index to brief). Please let us know if you require hard copies of any documents.

7.2 Please ensure that you have regard to the Planning Panel of Victoria’s Guide to Expert Evidence when preparing your evidence.

8 Client details, further information and site inspection

8.1 Please arrange for your fee estimate and accounts to be provided directly to our mutual Clients at the following address:

Client Name Client Contact

Email Address

10. CitiPower Pty Ltd Leigh Wilson lwilson@powercor.com.au Locked Bag 14090 Melbourne 8001

11. Costa Fox Developments Pty Ltd

Michael Fox

MFox@CostaFox.com Suite 102, 54 Davis Avenue SOUTH YARRA VIC 3141

12. Goodman Property Services (Aust) Pty Limited

Will Dwyer or Glenn Kirsch

Will.dwyer@goodman.com Level 17 60 Castlereagh St Sydney NSW 2000

13. Lie Properties Pty Ltd

Allan Lie allanlie8@yahoo.com.au 187 Normanby Road, South Melbourne VIC 3205

14. Normanby Road Developments Pty Ltd

Nathan Cunningham

Nathan@elitepropertygroup.com.au C/- Elite Property Group Unit 4 / 66-74 Micro Circuit, DANDENONG SOUTH VIC 3175

PO Box 4592, Dandenong South, VIC 3164

15. Perpetual Normanby Pty Ltd

Yan Qiu

yanqiu@ozford.edu.au C/- Ozford Institute of Higher Education Level 10, 310 King St Melbourne, VIC 3000

16. Salvo Group Legal entity: SPG Operations Pty Ltd

Colin Mackenzie

Colinm@salvo.net.au 245 City Road Southbank VIC 3006

17. Springbank Properties Pty Ltd

Bede Noonan

Bede.Noonan@acciona.com C/- Geotech Group 174 Turner Street Port Melbourne VIC 3207

18. Third Street Pty Ltd Mark Nutter

mnutter@thirdstreet.com.au 1433 Malvern Road Malvern VIC 3144 PO Box 235 Toorak VIC 3142

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9 Confidentiality

9.1 This letter and associated background documents and all future communications between us and between you are confidential (Confidential Information), and are subject to a claim for privilege and must not be disclosed without our consent or the consent of our client.

9.2 The duty of confidentiality will continue beyond the conclusion of your instructions.

9.3 If you are obliged by law to disclose Confidential Information, it is not a breach of this engagement if you first give written notice to us of that obligation, if you can do so without breach of any law.

9.4 You must return all documents and other media, including copies, which contain Confidential Information to us. You must delete all electronically stored material immediately when requested to do so by us.

9.5 You must take all steps necessary to maintain Confidential Information and notes in strictest confidence.

10 Change of opinion

10.1 If for some reason, you change your opinion after delivering your report, please advise us as soon as possible. If that change is material, a supplementary report may need to be prepared, which explains the reasons for the change in your opinion.

Should you require any further information, please call Linda Choi on +61 3 8686 6367 or Tamara Brezzi on +61 3 8686 6226. Yours faithfully Linda Choi Associate Norton Rose Fulbright Australia Partner: Tamara Brezzi

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