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Attachments: 1. Supporting Attachment 2. Locality Plan 3. Endorsed and Proposed plans (selected) 4. Delegate Report
F U T U R E M E L B O U R N E ( P L A N N I N G ) C O M M I T T E E R E P O R T
Agenda Item 5.2
MINISTERIAL REFERRAL – APPLICATION FOR PLANNING PERMIT: TPM-2007-44, 302-324 RUSSELL STREET, MELBOURNE
5 April 2011
Presenter: Martin Williams, Executive Officer Planning
Purpose and background
1. This application is presented to the Committee at the request of Councillor Ong.
2. The proposal seeks to amend the existing planning permit and plans to allow a 56 storey building containing: ground floor tenancies, mezzanine office, and 450 apartments, 146 car spaces (over 8 levels) and 149 bicycle spaces. Above level 9 the building is occupied by apartments. The façade for levels 1-10 is proposed to be a perforated metal screen which projects over Russell Street. Setbacks above level 10 are generally less in the proposed scheme than in the currently approved version (refer Attachment 3 – Proposed Plans). Access to and egress from the proposed car park relies on Council altering existing traffic movement restrictions in Hayward Lane.
3. The subject site is located on the east side of Russell Street, between Little Lonsdale and La Trobe Streets. The site area is approximately 938 square metres and is currently vacant. The land north of the subject site is occupied by a modern 13 storey building whilst the buildings south of the subject site are low rise (refer Attachment 2).
4. The subject site is located within the Capital City Zone 1. No overlay controls apply.
Key issues
5. The key issues are height, setbacks, projections, impact upon street trees and vehicle access.
6. The endorsed plans for the development show a 53 storey building which includes three levels of car parking above ground and apartments from level 10 upwards. Setbacks are generally minimal and the building also includes a ‘ventilation screen’ which projects approximately 800 mm over Hayward Lane for most of the height of the building. The approved building does not comply with Melbourne Planning Scheme requirements with respect to setbacks from boundaries. While the proposed building provides improved internal amenity and external appearance, it represents a greater departure from Planning Scheme requirements with respect to setbacks from boundaries than does the approved design. Planning Scheme policy supports well designed buildings which combine high quality appearance with good internal amenity and appropriate setbacks.
7. The combination of projections, additional height and reduced setbacks which do not comply with the Planning Scheme results in a building which would have an overbearing impact on the public realm.
8. The proposed canopies will adversely impact upon street trees and are not supported by Council’s arborist.
Recommendation from management
9. That the Future Melbourne Committee resolve that a letter be sent to the Department of Planning and Community Development expressing concern about the proposed development on the grounds set out under the heading ‘Recommendation’ in the delegate report; and requesting that if the Minister determines to grant an amended permit, that various conditions should be amended/added to the permit to address Council’s concerns (refer Attachment 4).
Page 1 of 43
1
SUPPORTING ATTACHMENT
Legal
1. Given the size of the development the Minister for Planning is the Responsible Authority under the Melbourne Planning Scheme.
Finance
2. There are no direct financial issues arising from the recommendations contained in this report.
Conflict of interest
3. No member of Council staff, or other person engaged under a contract, involved in advising on or preparing this report has declared a direct or indirect interest in relation to the matter of the report.
Stakeholder consultation
4. The application is exempt from the giving of notice.
Relation to Council policy
5. Relevant Council policies are discussed in the attached officer report (refer attachment 4).
Environmental sustainability
6. It is considered that the proposed development seeks to address relevant environmental/sustainability issues/opportunities by providing increased density within the Central City and providing a greater number of bicycle parking spaces than does the approved development.
Attachment 1Agenda Item 5.2
Future Melbourne Committee5 April 2011
Page 2 of 43
01/04/2011 12:59 PM
Location Plan 302 Russell Street Melbourne
Approx. Scale 1:2000
The City of Melbourne does not warrant the accuracy, currency or completeness of information in this product. Any person using or relying upon such information does so on the basis that the City of Melbourne shall bear no responsibility or liability whatsoever for any errors, faults, defects or omissions in the information.
Page 3 of 43
REVISIONS Rovi Date I DelaIfs
Rernovaf of ArlozzanIna stairs and Increase In floor area to Tenancy 5 @Inclusion of commercial sfairwall aocesalbla off Lobby
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DATE 14.04.2010 No. 2722
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Page 4 of 43
MOIL RE EMI of PUMA MUMS Ain Wits Mt 9039110
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PLANNING
REVISIONS Ran Data DeMils F 23.03.09 (gAdded Lift 5 to maln core
additional car apace (iii)Added second service door to sunalation
(vg Reconfigured basement ramp around structural cotumns & , removeaservice from basement area
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SCALE 1:100 @A1 I DATE 14.04.2010 No. 2722 1:200@A3 I
Page 5 of 43
REVISIONS Rev) Date I NW
Additional levels added to ells layout (1& lb, lc) I) Balcony at rear converted to Internal floor space
(II)RenamIng drawing frorn 1.1a,11) lc to la.lb, lo Door plan (III)Renumbering & reconfigthing of units
20,0001 Reconfiguration of unit 2/3 extending and to structural Eat, and ugrade internal of unit 1
NATE CUL CATEAT 9 SIRUCTURAL EClitAis AK MAUS Nal AERATE()
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Page 6 of 43
CBG ARCHITECTS PR. 03 9525 3855" smomoroor
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TOWN PLANNINGLL
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RESIDENTIAL DEVELOPMENT 302 - 320 RUSSELL STREET, MELBOURNE DATE 14.04.2010 No. 2722
REVISIONSRe Date Dolalls
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Page 7 of 43
REVISIONS
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Reo Date I Details C 27.02.08 Arnendmen sadsf( Condition 1 of i
arming PnrmIt 20070541
D 26.03.08 Revised car park screen representation ' ik
and 010001104 finishes legend Ii)R01008Ii0007Meuanine3l005739b0770CP5 t Lii ii) Conversion of Penthouse level (PH) to i
Sub-penthouse level (S)
(iii) Amended RL dIrected by floor ch oneo and structiriZ (iv) Lowering Of carp screening element to iii....,
Hayward Lane
(o) uction of screened mechanical platform — --
I (vi) Etevatiorhal changes resulting from plan changes
(vii) Introduction of 04 F 23.03,09 (I) Reduced MCZZ 2 floor freIght to 3600
(0) Meu 34n0r height inoneased to allow for lift over-rum and structural transfer beam
(ni) Renamed level 14 to 150 (tv) Adjusted floor to &XL; height to L36 to L41 for
—Structure and oRroiceO
0 116.10.09 (i) Alteration to alf floor 51009810 and reduction of oarpark
levels & mezzanine. also addition of annulment floor pla H i 20.10.06 (I) 8afnnnies to 80000 12. lb. lc converted to
appartment floor area I 14.04.10 6) Inclusion of Meuanine levels and Levet 43a
INDICATIVE FINISHES - LEGEND
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Page 8 of 43
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REVISIONS
Pal Cele & Del C 27.02.08 Amendments to satisfy Condition I of Planning Permit 20070541 0
(4) reduction in balcony projection to Russell Street D 126.03.08 Revised car park screen representation
nd amended finishes legend
(1) Relocation of Mezzanine 3 level agave CPO t i) Conversion of Penthouse level (P1-1) to Sub-penthouse level (S)
(iii)Amended RL directed by floor chanties and structure (iv)LowerIng of [argent screenIng element, and glazing
element to Russell Street (V) introducdon of screened mechanical platform
123.03.091(0 Reduced Merz 2 floor height to 2600
(E) Me. 3 floor height increased to allow for Eft ovopmns
leights and reduction of carpark levels Foca:ankle, also addition of appertment floor plates
25.10.00111) Balconies to levels I a. lb, lc conveded to oppartment floor area 14_04.10 f g)Incluston of Mezzanine levels and Level 436
INDICATIVE FINISHES - LEGEND
4141 ANODISED SiLvER Sri NATURAL CONCRETE !TEXTURED RELIEF CT2 NATURAL CONCRETE cT3 NATURAL CONCRETE/ OXYIDE GREEN GREY Gi GLASS - TINTED DARK BLUE/ CHARCOAL 52 GLASS • TINTED SILVER t SLUE 03 CLASS-CLEAR 54 re one- BLUE 1 GREEN mt 'PERFORATED METAL PANELS -
POADERCOAT ENISH SILVER GREY 1 LIGHT GREY !BRONZE GREY
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Page 9 of 43
REVISIONS Rev Data Details C 27.02.1131Amendments to satisfy Condition 1 of Planning "17>
i Permit 20070541 D 26,03.03 Revised car park screen representation
and emended firdshes legend • 3) Relocation of Aile=anlne 3 level above CP5
(0) Conversion of Penthouse level (PR) to --- Sub-penthouse level (6)
(till Amended RI diredmd lie floor chemise and Owe-tore (ivt Lowering of carpark screening eiement, and plating
element to Russell Street (v) introduction of 04 (I) Reduced Mezz 2.floor height to 3500
Meaz 3 floor height increased 50 0500 for Ilft over-runs and structural transfer beam
23.03. law it.31. Ty_
limIt 11 JOlt
eiV
00 00 395
316 Renamed levet 1410 15A CO Adjusted floor to floor height to L35 to 141 for
Structure and services (i) Alteration to en floor heights and reduction of carpark levels G 116.10.00
mezzanine. MAD addition of anointment &or Metes H 114.04.10 (i) Ins/Liston of Mezzanine levels and 1000143e
INDICATIVE FINISHES - LEGEND
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Page 10 of 43
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Page 11 of 43
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Page 12 of 43
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Page 13 of 43
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Page 14 of 43
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Page 15 of 43
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Page 19 of 43
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Page 21 of 43
• DELEGATED REPORT - MINISTERIAL REFERRAL
APPLICATION NO: TPM-2007-44
APPLICANT: Blair Henry, PDG Corporation
ADDRESS: 302-324 Russell Street, MELBOURNE VIC 3000
PROPOSAL: Amendments to Planning Permit 2007/0541
DATE OF APPLICATION: DPCD referral received on 1 March 2011
RESPONSIBLE OFFICER: Stephen Vecris
This application has been referred to Council for comment by the Department of Planning and Community Development as the Minister for Planning is the Responsible Authority.
1. SUBJECT SITE AND SURROUNDS
The subject site is located on the east side of Russell Street, between Little Lonsdale and La Trobe Streets. The site also runs through to Hayward Lane. It has frontages of 44.225 metres to Russell Street, 43.92 metres to Hayward Lane and a depth of 21.22 metres. The site area is approximately 938 square metres.
The site is currently undeveloped, the existing buildings having been demolished some time ago.
To the north of the site, at 171 La Trobe Street is a modern 13 storey building occupied predominantly by offices, but with dwellings at the top two floor levels. These dwellings have south facing windows and balconies either on or immediately adjacent to the common boundary. Endorsed plans for this development also show that these dwellings have open spaces at rooftop level, 9 m north of the subject site.
Immediately south of the subject site, at 300 Russell Street is a three storey mixed use building constructed to the common boundary.
South of this, at 298 Russell Street is a 3 storey building occupied by licensed premises.
South of this, at 288 Russell Street is a two storey mixed use building.
East of the subject site, on the opposite side of Hayward Lane are two storey buildings occupied by dwellings at 54-60 Hayward Lane, and a six storey apartment building at 62-68 Hayward Lane.
South east of the subject site, on the corner of Little Lonsdale Street and Hayward Lane is a 10 storey building predominantly used for residential purposes.
West of the subject site, on the opposite side of Russell Street is the State Library building, which is 'A' graded under Council's Heritage Study and included on the Victorian Heritage Register.
Page 22 of 43
2. BACKGROUND AND HISTORY
Pre-application discussions
On 21 February 2011, a pre application meeting was held at DPCD. Attendees included the developer, DPCD officers and Council officers. At that meeting the developer introduced the proposal. Council officers indicated that the treatments of the north and south elevations as well as the projections over Russell Street were likely to be of concern.
Amendments during the process
The proposal has not been amended since lodgement.
Planning Application History
Planning Permit TP-2006-804 was issued after consideration at Council's Planning Committee on 13 April 2007 to:
'Demolish the existing buildings and erect a 36 storey building with a basement and use it for accommodation and associated uses'.
Minor amendments were subsequently made to this permit and Permits TP-2006- 804/A and TP-2006-804/B were issued.
The endorsed plans show the development of 312-324 Russell Street with a building to a height of approximately 110 metres. The building includes 284 apartments and 71 car parking spaces.
The applicant subsequently had the opportunity to develop a larger portion of land, specifically the adjoining land at 302-310 Russell Street. A new application was lodged with Council on 10 September 2007 (TP-2007-852). This sought approval to develop the land at 302-324 Russell Street with a building to a height of approximately 154 metres. The building was to contain 345 apartments and 219 car parking spaces.
It was subsequently calculated that the floor are of the proposal exceeded 25,000 square metres, thereby making it an application for which the Minister was the Responsible Authority.
An application was subsequently lodged with DPCD for a development similar to the incorrectly lodged TP-2007-852.
On 25 February 2008, the Minister issued a permit for the development of 302-324 Russell Street, allowing the construction of a 50 storey building for accommodation, office and retail uses, with associated car parking.
The permit and plans have since been amended on a number of occasions.
The current permit is 2007/05410 and allows development of the land to construct a 53 storey building.
The plans for this development endorsed on 3 June 2010 show that the development has features including:
• Car parking at basement level
• Ground floor level incorporating tenancies and lobby to Russell Street.
Page 23 of 43
• Car lifts and service areas off Hayward Lane.
• 'Tenancy' at mezzanine level with varying setbacks from Russell Street
• Three storeys of above ground car parking above mezzanine level.
• Two mezzanine levels above the car park floors. These mezzanine levels are setback between 3.3 m and 5 metres from Russell Street
• The remainder of the building is occupied by apartments between 446 and 531 apartments, depending on configuration.
• Up to level 22 these apartments are in part built to the Russell Street frontage and in part set back up to 5 metres.
• Above level 22, the apartments are set back a minimum of 3 metres from Russell Street, except that there are balconies within the setback area at level 23. In addition, an architectural 'fin' at the top of the building is partly within this setback area.
• The building includes a 'ventilation screen' which projects approximately 800 mm over Hayward Lane for most of the height of the building.
• Finishes to the building are predominantly glass to Russell Street. To Hayward Lane, finishes include glass, natural concrete and the ventilation screen referred to above.
• The north and south elevations include some glazing but are predominantly finished in concrete.
3. PROPOSAL/COMPARISON WITH ENDORSED PLANS
Advice from the applicant indicates that the Gross Floor Area (GFA) of the proposed building is 47,500 m2.
As the GFA is over 25,000 square metres, in accordance with the Schedule of Clause 61.01 DPCD is the Responsible Authority.
The current proposal seeks the approval of amendments to plans endorsed under the current permit, as well as amendments to the permit. The current proposal and the major differences between it and the approved development are summarised below.
The lower ground floor level is predominantly occupied by a storage area and services.
At ground floor level to Russell Street are three tenancies and entry foyers. Car access is off Hayward Lane, as is a garbage storage area.
At mezzanine levels is an office space and car parking.
Level 1 is occupied by bicycle and car parking and levels 2-8 are occupied by car parking. The number of car spaces has increased from 87 to 146 while the number of bicycle spaces has risen from 68 to 149.
Level 9 is occupied by facilities for residents, including gymnasium, swimming pool and lounge.
Page 24 of 43
The remainder of the building is occupied by a total of 450 apartments (10 per floor).
From mezzanine level upwards the building features architectural fins projecting beyond the title boundary, over Hayward Lane. These projections range in depth from 200 mm to 1120 mm. The endorsed plans include the ventilation screen referred to above, projecting 800 mm over Hayward Lane from levels 8-50.
The façade design has been revised so as to have an 'undulating' appearance. It includes a projecting perforated metal screen from levels 1-10. This extends between 225 mm and 1200 mm beyond the title boundary. The approved development incorporates significant setbacks from Russell Street at the lower levels, as stated above. Up to level 22, the building is in part built to the front boundary of the site, but also incorporates setbacks of 3.3 m to 5 m.
Above level 10, the building has a staggered footprint, resulting in setbacks of between 0 and 1.8 metres from Hayward Lane and between 0 and 4.4 metres from Russell Street. These setbacks generally result in increases to the building footprint compared to the approved development and include significant reductions in setbacks from Russell Street from level 23 upwards.
The proposed development is fully built to the north and south (side) boundaries up to level 9. From level 10 upwards, the building abuts the side boundaries for a length of approximately 14 metres. Along the remainder of the side boundaries the building incorporates staggered setbacks. The endorsed development is fully built to the side boundaries up to level 5. From levels 6-10, walls approximately 15 metres in length about the side boundaries. From levels 7-47, boundary walls are generally approximately 13 metres in length.
As measured from Russell Street, the proposed building is approximately 187 metres in height to the top of the parapet while the approved development has a maximum height of approximately 163 metres. The number of floor levels has increased from 53 to 56.
Finishes to the proposed building include concrete (undulating façade above level 10), metal and glazing.
In addition to the approval of amended plans the request for amendment seeks the following amendments to the preamble and conditions, as a consequence of the plan amendments:
• In the preamble, deletion of '53' (reference to number of storeys) and deletion of reference to reduction in bicycle parking.
• Deletion of condition 1 c) which refers to an architectural 'fin'.
• Deletion of condition 1 e) which refers to air conditioners and projections over the eastern boundary.
• Deletion of condition 17 which refers to the maintenance of car lifts.
• Addition of a condition requiring a Section 173 agreement relating to all openings within 3 metres of adjacent properties.
Note — the endorsed plans include windows on the north and south boundaries of the site. Therefore the existing permit should have included a condition similar to that above.
Page 25 of 43
4. STATUTORY CONTROLS
Zoning and Overlay Controls
CCZ1 Capital City Zone 1.
The following controls apply to the site, with planning permit triggers as described.
Clause Permit Trigger Schedule to clause 61.01
• DPCD is the Responsible Authority on the basis that the gross floor area of the proposed development exceeds 25,000 square metres
Capital City Zone (Schedule 1)
a Pursuant to this Clause a permit is not required for 'retail', 'accommodation' and `office' uses.
• Pursuant to this Clause a permit is required to construct a building or construct or carry out works and to demolish a building or works.
• Pursuant to this Clause an application to construct a building or construct or carry out works for a use in Section 1 of Clause 37.04-1 is exempt from the Notice Requirements of Section 52(1) (a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Planning and Environment Act 1987.
Clause 52.06 — (Car Parking)
A permit is required to provide car parking spaces in excess of the car parking rates in Clause 2.0 of the Schedule.
The car parking requirements where a site is used partly for dwellings and partly for other uses is: • For that part of the site devoted to dwellings (including
common areas serving the dwellings) must not exceed one (1) space per dwelling.
• For that part of the site devoted to other uses, (excluding common areas serving the dwellings) must not exceed the number calculated using one of the following formulas
Maximum spaces =
5 x net floor area of buildings on that part of the site in sq metres
1000 sq m
OR
12 x that part of the site area in square metres 1000 sq m
Using the first of the above criteria, the residential component of the development is allowed up to 450 car spaces. As the proposal provides for 146 spaces, no planning permit is required under this provision.
Page 26 of 43
Clause 52.34 (Bicycle Facilities)
Clause 52.36 (Integrated Public Transport Planning)
Pursuant to Clause 52.34-2 a permit is required to reduce or waive the standard bicycle parking requirement.
The standard bicycle parking requirements for the uses within the development are set out below.
• Dwelling — 1 resident space per 5 dwellings and 1 visitor space per 10 dwellings.
• Retail — 1 space per 300 m2 of leasable floor area and 1 visitor space per 500 m2.
• Office— 1 space per 300 m2 of net floor area (NFA) if the NFA exceeds 1000m2 and 1 space per 1000 m2 for visitors.
On this basis 1 space is required for the retail component and 0 spaces are required for the office. The apartments generate a requirement for 135 spaces.
Therefore a total of 136 spaces are required.
As 149 spaces are to be provided, no planning permit is required under this clause
Pursuant to 52.36-1, an application for a residential development of more than 60 dwellings must be referred to the Director of Public Transport
5. STRATEGIC FRAMEWORK
State Planning Policy Framework
Policies applicable to the current proposal include the following.
• Central Activities Districts (Clause 11.04-2).
• Urban Design (Clause 15.01-1).
• Cycling (Clause 18.02-2).
Local Planning Policy Framework (Municipal Strategic Statement)
The MSS includes a section that is based on objectives and strategies, which revolve around the four themes of: land use, built form, transport and environment. These themes are applied to local areas of the municipality.
Clause 21.05 City Structure and Built Form, details objectives and strategies for built form under the theme, the public environment, amongst others. Pursuant to Clause 21.05-3, (The public environment), objectives include:
• 'To increase the vitality, amenity, comfort, safety and distinctive City experience of the public realm'.
Page 27 of 43
• 'Encourage excellence in urban design'.
• 'Ensure that the scale, bulk and quality of new development supports a high quality public realm'.
• 'Protect and enhance the laneway system as a significant element of the pedestrian network and public realm'.
The vision for the Central City set out under Clause 21.08-1 includes the following:
The Central City continues to be the primary place of employment, business, finance, entertainment, cultural activity and retail in Victoria, and a place that facilitates the growth of innovative business activity.
The Central City has grown as a high-density inner city residential environment'. 'Noise and light spill has been recognised as an inevitable part of inner city living...'
For land use in the Central City, the following relevant land use implementation strategies are identified under Clause 21.08-1:
Housing and Community in the Central City
• 'Support permanent and short term residential development in the Central City that accommodates a diverse population'.
Height and scale in the Central City
For height and scale in the Central City, the relevant built form implementation strategies include:
• 'Ensure new tall buildings add architectural interest to the city's sky line'.
• 'Ensure that the design of tall buildings in the Central City promotes a human scale at street level especially in narrow lanes, respects the street pattern and provides a context for heritage buildings'.
The public environment in the Central City
Under this heading, strategies including the following are identified:
• 'Protect the built form, character and function of laneways and the laneway system as a significant determinant of Melbourne's built form and distinguish the laneways from other larger Central City streets'.
Streetscape
• 'Ensure development fronting streets creates a continuous building edge and integrated streetscape'.
Pedestrian amenity
• 'Ensure that pedestrian use is given priority in the Central City'.
Page 28 of 43
• 'Ensure that vehicle ingress and egress points do not impede pedestrian flow, safety and amenity along key pedestrian routes and areas'.
• 'Ensure that developments provide weather protection along key pedestrian routes and areas, where this does not conflict with building or streetscape integrity.'
• 'Ensure that the design of buildings and public realm in the Central City enhances the safety of pedestrians, visitors and occupants of buildings'.
Sunlight to public spaces
'Ensure sunlight penetration in the middle of the day to key public spaces, appropriate to their role and function'.
Local Planning Policy Framework (Local Policies)
Clause 22.01- Urban Design within the Capital City Zone
This policy identifies that the future vitality and success of Melbourne will be achieved by new development responding to the underlying urban framework and fundamental urban characteristics, whilst establishing its own identity and character in harmony with the existing context. The objectives of this policy include:
• 'To enhance the physical quality and character of Melbourne's Streets, lanes and Capital City Zone form through sensitive and innovative design.'
• 'To improve the experience of the City for pedestrians';
• 'To create and enhance public spaces within the Capital City Zone to provide sanctuary, visual pleasure and a range of recreation and leisure opportunities'.
The policy has eight sections addressing Building Design; Facades; City and Roof Profiles; Projections, Wind and Weather Protection; Public Spaces; Access and Safety and Policy Implementation.
Policy under the heading Building Design includes:
• 'Encourage buildings, including towers to align to the street pattern and respect the continuity of street facades'.
• 'Encourage buildings with wide street frontages to be broken into smaller vertical sections'.
• The maximum plot ratio for any city block within the Capital City Zone should generally not exceed 12:1, unless it can be demonstrated that the development is consistent with the function, form and infrastructure capacity of the city block, including the capacity of footpaths, roads, public transport and services'. Note — the Planning Scheme shows the existing plot ratio for this block as being 5.05. This was in the year 2000.
• 'Towers should have a podium height generally between 35 to 40 metres except where a different parapet height already exists...'
Page 29 of 43
• 'Towers above the podium should be setback at least 10 metres from street frontages'.
• 'Towers should be well spaced to equitably distribute access to an outlook and sunlight between towers and ensure adequate sun penetration at street level...'
Policy re facades includes:
• 'All visible sides of a building should be fully designed'.
• 'Blank building walls that are visible from streets and public spaces should be avoided'.
Policy regarding wind and weather protection includes:
• 'Towers should be set back at least 10 metres from all streets at.the podium level to deflect wind downdrafts from penetrating to street level'.
Policy regarding access and safety includes:
• 'Streets and public spaces should be fronted by active uses to increase interest, use and the perception of safety'.
Policy re projections includes:
• Should be discreet rather than prevailing elements of a building's design.
• Should provide evidence of a building's occupation.
Clause 22.02- Sunlight to Public Spaces
This policy requires that development not cast additional shadows between 11.00am and 2.00pm at the equinox that would prejudice the amenity of public spaces.
Clause 22.20 — CBD Lanes
This clause applies to all CBD lanes and ranks lanes as either Class 1, 2 or 3. Hayward Lane is a Class 3 lane. Policy relating to buildings and works adjoining lanes includes the following:
• 'Maintain and enhance the intimate environment of lanes by ensuring that higher tower forms are set back from the predominant parapet height along the laneway to ensure a sense of openness that reinforces a human scale'.
• 'Encourage new development to respond to the fine grain pattern, vertical articulation and division of building frontages where this forms part of the established laneway character'.
• 'Encourage small scale tenancies and spaces at ground level to promote activities such as retail, service and community facilities that contribute to the enjoyment of laneways'.
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Zone Provisions
CCZ1 decision guidelines set out a range of matters which must be taken into account as part of the assessment of an application. Among these is:
The impact on the amenity of any existing dwellings on adjacent sites'.
6. PARTICULAR/ GENERAL PROVISIONS
Particular Provisions
Clause 52.06 - Car parking.
Clause 52.34 — Bicycle Facilities.
Clause 52.36 — Integrated Public Transport Planning.
General Provisions
Clause 65 — Decision guidelines. Clause 66 — Referral and Notice Provisions.
7. INTERNAL REFERRALS
The application was referred to the following areas of Council for comment:
Parks/Urban Design
Comments received are summarised/set out below.
Height and setbacks
The amended proposal generally reduces the front and rear setbacks... which we already considered insufficient. We recommend that the design be revised to ensure that the average setbacks are no less than those approved, and preferably greater.
The inadequate setbacks result in the building having an overbearing impact on the pedestrian. This is exacerbated in the amended proposal by the increase in height... The effect of the development is shown in the perspective view from Russell Street, in which the proposal overwhelms it northern neighbour (itself a substantial building)'.
The wind report shows conditions as being on the borderline of unacceptable for walking at the corner of Russell and Little Lonsdale Streets. One reason for the wind report being positive is that the above ground car park helps relieve wind pressure. As this car parking is not supported, it is unacceptable to rely on the car park to achieve acceptable wind conditions. It is recommended that the final design be tested with solid cladding to the car park floors.
'Breathing space' should be provided between buildings above podium level. Clause 22.01 supports a 12 m setback from side boundaries. Tower should therefore be set back from side boundaries. This would also allow the design of the side elevations to be improved.
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Clause 22.01 advocates a 10 m setback of towers above a podium of up to 40 metres. Reduced setback increases prominence of tower and reduces the distinction between podium and tower. The projecting podium further exacerbates the impact of the building.
Impact on Lane
Most of the building is not set back from Hayward Lane. This is inconsistent with Clause 22.20 where policy incluqes setting back of towers from lanes.
Further work is also necessary to ensure that proposal responds positively to other aspects of policy for buildings and works adjoining lanes, including:
• Appropriate grain detailing and articulation.
• Provision of passive surveillance.
• Minimisation of adverse microclimate effects.
• Encouragement of small scale tenancies.
• Discouragement of buildings and works extending over lanes.
Design
Support more interesting design but recommend that this be achieved within the site boundaries.
Car parking
'We do not support the placement of car parking above ground level. Its removal or relocation would improve passive surveillance.., and help address the bulk of the building... The car parking is significantly worse than the approved design, being more extensive, closer to street level and lacking the flat floors and generous ceiling heights which would enable car park levels to be converted to other uses in future'.
Active Frontages
There is no active frontage to Hayward Lane at ground level and through-link has been deleted. Only a mezzanine office provides habitable space adjacent to the lane below level 9.
Environmental Sustainability
ESD report should be requested.
Arborist
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The following comments have been received:
• It has been deemed almost impossible to construct the approve development without removing all three street trees.
• Proposed canopies severely impact on all adjacent street trees.
• Canopies will enclose existing street trees resulting in their removal.
• Canopies also prevent trees being planted in this location in future.
• Concern re impact which demolition and construction will have on these trees.
• These mature trees are in good condition and their removal is not supported.
Engineering Services
Comments received are summarised/set out below.
Car Parking and Loading
• One motorcycle parking space should be provided.
• Car park layout generally satisfies relevant standards.
• Provision of ramps and removal of car lifts and tandem parking (as approved) results in a more efficient arrangement.
• While there is no statutory requirement to provide a loading bay for the residential component, commercial tenancies require a 27.4 m2 loading area.
• It is strongly recommended that an on site loading bay be provided given the scale of the development and parking restrictions in Hayward Lane and Russell Street.
• If a permit is issued it should include a note stating that Council will not alter on-street parking restrictions to accommodate the needs of the development and that residents will not be eligible for parking permits, nor will they be exempt from parking restrictions.
Bicycle Parking
• Stairs should be equipped with a wheel 'guide' on one side.
• Visitors will need to be granted access by residents to bicycle store.
Waste Collection
• Waste management plan is satisfactory and must be adhered to.
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Traffic Generation/Impact and Vehicle Access
• Applicant is seeking to extend two-way vehicle flow currently permitted in lane by about 10 metres to allow ingress to the site via La Trobe Street.
• Cardno Grogan Richards (CGR) has prepared a traffic management system giving priority to vehicles entering from La Trobe Street. A traffic management plan detailing the system should be required by condition.
• Swept Path Diagram demonstrates access to /egress from the site via La Trobe Street and it would not be possible to access site from Little Lonsdale Street. Therefore, it will not be possible to access the site unless Council approves an extension to the two way traffic flow in Hayward Lane. Applicant must be advised that any decision on whether to approve this change will only be made after formal community consultation. If a decision is made to extend two-way traffic flow, installation costs must be borne by the applicant.
• Plan which SPD is based on is inaccurate, therefore amended SPD must be provided.
Civil Design
Civil Design comments raise a number of matters of detail which can be addressed via conditions, if a permit is issued.
Senior Building Surveyor
The proposed projections were discussed with Council's Senior Building Surveyor. His advice is summarised as follows:
• Report and Consent of Municipal Building Surveyor is required for the projections over Russell Street and Hayward Lane.
• Projections should not exceed 10% of width of Hayward Lane up to a height of approximately 2 storeys above the height of dwellings on the opposite side of Hayward Lane
•
8. ASSESSMENT
The application seeks approval of amended plans for the development as well as several changes to the permit.
The main issues in relation to this proposal are height, setbacks, projections, street trees and vehicle access
Design and Built Form
The standard model for developing taller buildings in the central city is based on a 35-40 metre high podium with the tower element set back at least 10 metres from
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street frontages. The plans endorsed under this permit show a building which is in part built to the Russell Street frontage up to level 22. Above this height, setbacks from Russell Street are generally 3.3 m — 5 m.
The amended plans generally reduce these setbacks and in addition, introduce significant projections.
Ideally, a 10 metre setback would be provided for the proposed development above a height of 40 metres. However in this instance, significant weight should be given to the existing approval. As stated above, the Planning Scheme includes policies such as promoting a human scale at street level and ensuring that the scale, bulk and quality of new development support a high quality public realm.
The proposed development is considered inappropriate in light of the above as the combination of significant projections at the lower levels, reduced setbacks and additional height will result in the building having an overbearing impact upon the pedestrian. Any new development approved for this site should not result in a greater adverse impact upon the public realm than would result from the approved development. For this reason, setbacks should not be further reduced, nor should projections which will contribute to the visual bulk of the building be supported.
With regard to the Hayward Lane frontage, the following points are noted.
In the approved scheme, the building is set back 2350 mm from Hayward Lane for the majority of the length of the facade above level 10. Below level 10, some small setbacks are also provided. In the case of the proposed development, there are no setbacks up to level 9 and above this, smaller setbacks are provided than in the approved scheme.
Relevant Planning Scheme polices applicable to lanes include:
'Maintain and enhance the intimate environment of lanes by ensuring that higher tower forms are set back from the predominant parapet height along the laneway to ensure a sense of openness that reinforces a human scale'.
The approved scheme with its modest setbacks from the lane does not comply with this policy. However the proposed scheme will worsen this situation by further reducing the already small setbacks. In a fairly narrow lane, the visual impact of such a tall building with minimal setbacks will be overwhelming. In addition, the proposed projections over Hayward Lane will further exacerbate the impact of the building bulk upon the lane.
Clause 22.01 includes policy stating that the maximum plot ratio for any block within the Capital City Zone should generally not exceed 12:1, unless it can be demonstrated that development is consistent with the function form and infrastructure capacity of the city block, including the capacity of footpaths, roads, public transport and services. The existing plot ratio for this black in 2000 was 5.05. The current proposal will not raise the block plot ratio to a significantly greater extent than would the approved development.
Clause 22.01 also seeks to ensure that towers are well spaced so as to equitably distribute access to an outlook and sunlight between towers and ensure adequate sun penetration at street levels. Developments above 45 metres should be set back 24 metres from any surrounding podium-tower development.
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Urban Design advice is that the tower should be set back from each side boundary. The approved development is to a large extent built to the side boundaries of the site, as is the proposed development. In light of the existing approval, the lack of side setbacks for the proposed development is considered acceptable.
•Facades
Clause 22.01 specifies that all visible sides of a building should be fully designed.
The main feature of the north and south facades is large expenses unarticulated concrete. If a permit is granted for the development it should require that these areas be detailed so as to provide greater visual interest.
The facade to Russell Street is dominated at the lower levels by a metal car park screen. A better presentation to Russell Street would result from fewer levels of car parking which would allow the provision of a more pedestrian oriented frontage by way of inhabited floor space.
Policy set out under Clause 22.20 advocates features including windows and balconies overlooking laneways and well detailed facades, particularly at lower levels, to create visual interest. Other features which are encouraged include small scale tenancies at ground level.
Up to level 10 to Hayward Lane, the main features of the building are a concrete wall and car park screens. Openings to Hayward Lane are limited to the car park entry and doors to service areas. This facade is clearly contrary t6 the above policy.
City and Roof Profiles
Elevations of roof plant have not been provided. If a permit is issued, provision of appropriate screening should be addressed by condition.
Wind and Weather Protection
Wind
Pursuant to Clause 22.01 it is recommended that towers above a 40 m podium be set back 10 metres from all streets to deflect wind downdrafts from penetrating to street level. Neither the endorsed plans nor the current proposal comply with this standard.
It is also noted that Decision guidelines for the CCZ include:
'The potential for increased ground-level wind speeds and the effect on pedestrian comfort and the amenity of public spaces'.
Environmental wind speed measurements have been carried out on a wind tunnel model of the proposed development and a report has been prepared. It includes the following information.
• Wind conditions along Russell Street and Hayward Lane will be within the criterion for walking comfort.
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• The report sets out the test locations and shows that wind speeds were on the border of unacceptable for walking in a number of locations, including the corner of Little Lonsdale and Russell Street.
Urban Design comments note that one of the reasons for the positive wind report is that the above ground car park helps relieve wind pressure. If a permit is granted for the development with design modifications, it will be necessary for the building to be re-tested in terms of wind impacts.
Weather Protection
The proposed development includes canopies to Russell Street which will provide no more then limited protection due to their height. However, as the site is not subject to Design and Development Overlay 4 (Weather Protection), non-provision of weather protection is acceptable. In addition, based on the Arborist's comments above, the canopy at level 1 is not supported.
Public Spaces, Access and Safety
While the subject site is not subject to Design and Development Overlay 1 (Active Street Frontages), relevant Decision guidelines applicable to CCZ 1 include the following:
'Streets and public spaces should be fronted by active uses to increase interest, use and the perception of safety'
The proposed development features extensive glazing to Russell Street at ground and mezzanine levels. The plans show that tenancies, an entry foyer and a lounge area occupy the majority of the ground floor frontage. This frontage is consistent with the above policy.
The Hayward Lane frontage however features a concrete wall at the lower levels, with doors to service areas. It is clearly inconsistent with the above policy.
Overshadowing
Local Policy, 'Sunlight to Public Spaces' requires that development not cast additional shadows between 11 am and 2 pm at the equinox that will reduce the amenity of public spaces.
Shadows from the proposed building will not affect any public parks, gardens or squares. However the development will cast significant shadows over adjacent streets. Shadow diagrams provided by the applicant indicate that shadows cast by this building will not have a significantly greater impact upon adjacent streets than will the approved development. In light of this, the overshadowing caused by the proposed building is acceptable.
Traffic Engineering Issues
The major issues identified by Traffic Engineering relate to access and loading.
Access to the car park as shown on the submitted plans relies on the two way section of Hayward Lane being extended. If this does not occur (and there is no certainty that it will) access to the car park as well as the car park itself will need to be altered. In the approved scheme, cars access the site from Little Lonsdale Street
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and exit via La Trobe Street. Car lifts are used to take vehicles to the car park. If the development is approved and the two way section of Hayward Lane is not extended, the developer may have to use a similar system for car park access, or not provide car parking.
The provision of an on site loading bay is difficult, given the site constants. It is noted that the approved development does not include a true loading bay, but rather, an area from which rubbish bins would be collected. In light of the above, non-provision of a loading bay is considered acceptable.
Residential Amenity Impacts
The adjacent site to the north at 171 La Trobe Street has apartments at the two top levels which have windows and balconies either on or immediately adjacent to the common boundary. The proposed development includes balconies beside these windows and balconies. Privacy screening should be provided so as to reduce the impact of the development upon the amenity of these areas.
Amendments requested to permit
Amendment to preamble
If an amended permit is issued, the reference to '53' (storeys) should be deleted, as requested.
The reference to 'reduction in bicycle parking' should also be deleted as the current proposal provides more bicycle parking than is required under Clause 52.34.
Deletion of conditions 1 c), 1 e) and 17
These conditions relate to features of the approved building which do not form part of the development as amended. It is therefore appropriate to remove these conditions.
Proposed additional condition
The applicant proposes an additional condition requiring a Section 173 agreement relating to openings within 3 metres of the side boundaries. It is appropriate to add to the permit Council's standard condition for openings on side boundaries.
9. RECOMMENDATION
That a letter be sent to DPCD advising that Council does not support the application for the following reasons:
1. The combination of additional height, projections and setback reductions results in the proposed development having an overbearing impact upon the public realm, contrary to relevant provisions of the Melbourne Planning Scheme, including Clauses 21.05, 21.08-1 and 22.01.
2. The proposed development will have significant adverse impacts upon the amenity of Hayward Lane and is contrary to relevant Melbourne Planning Scheme provisions including Cause 22.20.
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3. Vehicles cannot access or egress the proposed car park due to existing traffic movement restrictions in Hayward Lane.
If the Minister determines to grant a permit for the proposed development, it is recommended that this be subject to the following amendments and additional conditions.
Amendments to Conditions
Condition 1
Delete part a) of condition 1.
Part d) of condition 1 altered so as to read:
Both canopies to Russell Street deleted.
Add the following requirements:
• The car park screen not to extend beyond the title boundary.
• The east elevation be revised so as to provide greater visual interest/activity at pedestrian levels and the remainder of the east elevation revised so as to provide improved articulation and detail.
• Deletion of projections over Hayward Lane.
• The north and south elevations detailed so as to provide greater visual interest.
• Privacy screening to a height of 1.7 metres above finished floor level to the north elevation of balconies which are immediately adjacent to south facing balconies at 171 La Trobe Street.
• Alterations to the plans so that vehicle access to and egress from the site is consistent with existing traffic movement restrictions in Hayward Lane.
Condition 4
Alter so as to read:
Prior to the commencement of the development, including demolition or bulk excavation, a detailed construction and demolition management plan must be submitted to and be approved by the Responsible Authority. This construction management plan is to be prepared in accordance with the City of Melbourne - Construction Management Plan Guidelines and is to consider the following:
a). public safety, amenity and site security;
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b). operating hours, noise and vibration controls;
c) air and dust management;
d) stormwater and sediment control;
e) waste and materials reuse;
f) traffic management;
g) the protection of street trees during construction.
The information to be provided to address part g) of this condition should be discussed with the City of Melbourne's Tree Planning Team prior to submission.
Condition 7
Alter so as to read:
Prior to the commencement of the development hereby permitted, wind tests carried out by a suitably qualified consultant must be carried out on a model of the approved building. A report detailing the outcome of the testing must be submitted to the satisfaction of the Responsible Authority in consultation with the City of Melbourne and must also recommend any modifications which must be made to the design of the building to reduce any adverse wind conditions in areas used by pedestrians, to the satisfaction of the Responsible Authority. The recommendations of the report must be implemented at no cost to the Responsible Authority.
Under the conditions 'Car and Bicycle Parking, Traffic and Access, add the following:
A wheel 'guide' for bicycles must be provided on one side of the stairs leading to the bicycle parking area.
Condition 23
Alter so as to read:
The owner of the subject land shall construct a drainage system, incorporating water sensitive urban design within the development and make provision to connect this system to the City of Melbourne's stormwater drainage system in accordance with plans and specifications first approved by the City of Melbourne's Manager — Engineering Services.
Condition 26
Alter so as to read:
No garbage bin or surplus materials may be deposited or stored outside the site.
Delete condition 27.
Add the following condition under the heading 'Waste Management':
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The Waste Management Plan prepared by Leigh Design dated 17 February 2011 must be adhered to without change, except with the consent of the City of Melbourne's Manager — Engineering Services.
Condition 30
In the event that projections beyond the title boundaries are approved, alter so as to read:
Prior to commencement of construction or carrying out of works, the owner of the property must enter into a legal agreement under Section 173 of the Planning and Environment Act, 1987 and pay a lump sum license premium (payable at the outset rather than an annual fee), concerning liability and maintenance of those parts of the development projecting into airspace or sub-soil of land under the care and management of Council and disclaiming any right or intention to make or cause to be made at any time any claim or application relating to adverse possession of the land. The license fee is required to be paid for the Hayward Lane projections, not those over Russell Street. The owner of the property to be developed must pay all of Council's reasonable legal costs and expenses of this agreement, including preparation, execution and registration on title.
Delete condition 31.
Additional Conditions:
1. Prior to the commencement of construction, the owner of the land must enter into an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act, 1987. The agreement must provide the following;
a). the removal of the windows/ openings on the boundary when the adjoining property is further developed in a manner which would affect these windows/openings.
The owner/permit applicant of the land subject of this permit must pay all of Council's reasonable legal •costs and expenses of this agreement, including preparation, execution and registration on title.
2. The owner of the property must seek a tenure/authorisation under the land Act from the Department of Sustainability and Environment for the projections over Crown Land.
3. A system allowing residents to give visitors access to the bicycle storage area must be provided.
Add the following notes:
a) The owner of the subject land must not alter existing public street lighting without the prior written approval of the City of Melbourne's Principal Engineer — Infrastructure.
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b) All necessary approval for works in the public realm are to be first obtained form the City of Melbourne and the works performed to the satisfaction of the Manager — Engineering Services.
c) Report and Consent must be obtained from the City of Melbourne's Municipal Building Surveyor for projections beyond the title boundaries.
d) The City of Melbourne will not alter on-street parking resections to accommodate the servicing/delivery/parking needs of the development. Residents of this building will not be eligible to receive on —street parking permits from the City of Melbourne.
Stephen Vecris Senior Planning Officer
1 April 2011
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