156-172-Victoria-Street - Department of Transport, Planning and

156-172 Victoria Street,
Melbourne
Planning Permit Application 2014/000834
Table of contents
1
Application Details .......................................................................................................... 2
1.1 Conflict of Interest.......................................................................................................... 2
2
Background ................................................................................................................... 3
3
Site and Surrounds ......................................................................................................... 3
4
Proposal ........................................................................................................................ 4
5
Planning Policies and Controls .......................................................................................... 6
5.1 State Planning Policy Framework...................................................................................... 6
5.2 Local Planning Policy Framework ...................................................................................... 6
5.3 Statutory Controls (Permit Triggers) ................................................................................. 7
6
Other Strategic Matters ................................................................................................... 9
6.1 Design Guidelines for Higher Density Residential Development ............................................ 9
6.2 Plan Melbourne .............................................................................................................. 9
7
Notification ................................................................................................................... 10
8
Referrals ...................................................................................................................... 10
9
Assessment .................................................................................................................. 11
9.1 Consistency with Planning Policy ..................................................................................... 11
9.2 Development Plan/ Masterplan........................................................................................ 11
9.3 Land Use ...................................................................................................................... 11
9.4 Design and Built Form.................................................................................................... 12
9.4.1
Height and Building Envelope ................................................................................. 12
9.4.2
Internal Amenity ................................................................................................... 13
9.5 Street Level Activation and Pedestrian Safety ................................................................... 14
9.6 Shadowing ................................................................................................................... 14
9.7 Microclimate (Wind, Weather Protection, Light and Shade) & Internal Amenity ..................... 15
9.7.1
Wind.................................................................................................................... 15
9.8 Environmental Issues..................................................................................................... 15
9.8.1
Contamination ...................................................................................................... 15
9.8.2
ESD ..................................................................................................................... 15
9.8.3
Stormwater .......................................................................................................... 15
9.9 Car Parking, Loading and Unloading of Vehicles, Waste Collection and Bicycle Facilities ......... 15
9.10 Protected Airspace......................................................................................................... 16
10
Conclusion & Recommendation ....................................................................................... 16
Department of Transport, Planning and Local Infrastructure
1 Application Details
Land /Address:
156-172 Victoria Street, Carlton
Application No:
2014/000834
Proposal:
Building and works for the purposes of a multi-level apartment tower
and use of land for gymnasium (minor leisure and recreation facility).
Residential Apartments (1037)
Ground floor retail (2254m2)
71-storeys (236.7 metres)
Use:
Height:
Floor area (GFA)
Victoria Street: zero metres
Bouverie Street: 6.8 metres
Built to the boundary of both building 10 (north) and RMIT building
(east)
GFA: 93,706 sqm
Applicant:
CES-Victoria (Vic) Pty Ltd c/- Urbis Pty Ltd
Zone:
Comprehensive Development Zone - Schedule 2
Overlay(s):
Notification
Schedule 25 to the Heritage Overlay (HO25)
Schedule 12 to the Parking Overlay (PO12)
2x restrictive covenants:
AK411294E (No windows below AHD 142 facing lot S4)
AF823270Q (No educational buildings or educational signage on site)
Air, light and way easements.
Not Applicable – The permit application is exempt from notice
City of Melbourne
Does not support
Recommendation
Permit subject to conditions
Setbacks:
Restrictive Covenants
and/or Agreements
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2 Background
The permit application was lodged on 28 February 2014. Further information was requested from the
applicant on 28 March 2014 (within 28 days of lodgement) and a response provided on 9 May 2014.
A number of pre-application meetings took place with the applicant in September, October and
November 2013.
The Minister for Planning is the responsible authority for this application as the development has a
gross floor area exceeding 25,000 square metres.
3 Site and Surrounds
The subject site is located in the south west corner of the former Carlton Brewery site on corner of
Victoria Street and Bouverie Street (see Figure 1). The site has a total size of 2,927sqm with
frontages to Bouverie Street (west) of 57.7m and Victoria Street (south) of 50.5m. The site is known
as Building 4 within the CUB Development Plan/ Masterplan area.
Figure 1 – Site Locality Plan
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Currently the site is largely vacant; with the exception of the historic remnants of the Carlton Brewery
bluestone buildings facing Bouverie Street located in the sites south western corner (HO25). The site
has a fall across the site of approximately 1.5 metres from east to west and has a small fall north to
south. The site is formally known as Lot 1 on Plan of Subdivision 634512L.
The area is characterised by a variety of office, commercial and residential land uses. Like much of
the Central City, it is currently undergoing significant change with a number of multi-storey apartment
buildings constructed in recent years and other sites earmarked for redevelopment.
Land to the north and east is part of the CUB masterplan area and includes:
•
•
•
To the north is the a proposed 16 level residential development – ‘Delta’, Building 10 (2-76
Bouverie Street)
To the east are two RMIT educational buildings of one storey (RMIT Archives) and nine storeys
(RMIT Design Hub).
To the northeast is the ‘Swanson Square’ Building 5, a 32 level apartment tower, under
construction (William Barak Portrait Building, 551 Swanston Street).
Land to the south is part of the Capital City Zone where there are several large apartment/commercial
towers including the Verve apartment tower (45 levels).
Land to the west is part of Carlton. The closest building to the development site is a 10 storey
apartment building (1-19 Bouverie Street).
As expected, the subject site enjoys excellent access to public transport trams along Swanston Street
a short distance away. The site is also in close proximity to shops, restaurants, bars and parks
associated with its central location.
4 Proposal
The application seeks approval for ”Building and works for the purposes of a multi-level apartment
tower and use of land for gymnasium (minor leisure and recreation facility)”.
Buildings and works require a permit under the provision of the zoning. The following is a summary of
the use triggers:
170 Victoria Street – Table of Uses
Proposed Use
Status under Schedule 2
to CDZ
Permit Required for
use?
Food and Beverage
Retail – Section 1
No
Residential Dwellings
Accommodation – Section 1
No
Retail
Retail – Section 1
No
Gymnasium
Leisure and Recreation –
Section 2
Yes
Communal floors – including
pool, spa, gym, studios
Ancillary to Accommodation.
Not for public use.
No
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Details of the buildings and works in the application are as follows:
PROPOSAL / Area
Proposal (Plans submitted following RFI)
Dwelling numbers
and mix
1037 dwellings
1 bed = 38%
2 bed = 52%
3 bed = 10%
Total Retail net
leasable area
2,254sqm (NLA)
Height
236.7m
This is a reduction in the overall height of the building since the
application was submitted at 252 metres.
Total GFA
93,706sqm
Car parking
222 car spaces. The car parking system includes a fully automated
car stacking system whereby cars will enter via Bouverie Street, go
down to basement 1 and await call up for their car lift.
3 Motorcycle spaces have also been provided.
Bike Parking
The proposal includes a total of 378 bicycle spaces provided within
two tiered bicycle spaces in a secured area in the lower basement.
Ground Floor
Ground floor contains the apartment entrance arcade, lift lobby and
a number of food and beverage areas and retail tenancies fronting
Bouverie Street. Pedestrian access through the lobby arcade from
Victoria Street, is a public lane and continues to provide access up
to the public plaza on Level 1. There is a public stair on the eastern
side up to the public plaza. Loading access remains shared via the
neighbouring property to the north – Building 10. All loading
vehicles will be accommodated on site within the loading area.
Podium Details
The mezzanine level contains a mix of food and drink and retail
premises within the heritage buildings along the length of Bouverie
Street. The double height lobby void fronts Victoria Street.
The large landscaped outdoor public plaza is located at Level 1,
with access via the internal public laneway stairs leading up from
the ground floor/mezzanine levels as well as from the plaza
stairway from the south eastern corner of Victoria Street (adjacent
to RMIT). There is a large retail tenancy fronting the Plaza at Level
1, while the gymnasium is within the space fronting Victoria
Parade.
Levels 3 – 6 are car parking only levels.
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5 Planning Policies and Controls
5.1 State Planning Policy Framework
The State Planning Policy Framework (SPPF) provides the broad policy direction within the Victorian
Planning Provisions. The planning principles set out under the SPPF are to be used to guide decision
making on planning proposals across the state.
The following key SPPF policies are relevant:
Clause 9
Clause
Clause
Clause
Clause
Clause
10.04 (Integrated Decision Making)
11.01-2 (Activity Centre Planning)
11.04-4 (Central Melbourne)
13.04-1 (Noise Abatement)
15.01-1 (Urban Design)
Clause
Clause
Clause
Clause
Clause
15.02
16.01
17.01
18.01
18.02
(Plan Melbourne)
(Sustainable Development)
(Residential Development)
(Commercial)
(Integrated Transport)
(Cycling)
The above policies encourage appropriate land use and development which enhances the built
environment; supports economic growth, delivers diversity in housing supply to meet existing and
future needs and integrate transport and infrastructure planning.
An assessment against the above policies is provided in section 9 of this report.
5.2 Local Planning Policy Framework
The Municipal Strategic Statement (MSS) and Local Planning Policy Framework (LPPF) within Planning
Schemes across Victoria outline principal characteristics of a given municipality (municipal profile) and
provide specific visions, goals, objectives, strategies and implementation plans. The MSS within the
Melbourne Planning Scheme identifies seven key themes for settlement, Environment and Landscape
Values, Built Environment and Heritage, Housing, Economic Development, Transport and
Infrastructure. The site is located within the City North as identified under Clause 21.14 of the
Melbourne Planning Scheme, which is an area in transition and change with a potential for urban
renewal.
Clause 21.02 (Municipal Profile) recognises that the City of Melbourne is the premier location for
many of the State’s economic, infrastructure and cultural facilities, and attracts a substantial daily
population with people travelling to the city for work, leisure and shopping.
Clause 21.03 (Vision) recognises the diverse roles of the city and local areas, with a vision being ‘a
thriving and sustainable City that simultaneously pursues economic prosperity, social equity and
environmental quality’.
Clause 21.04 identifies the City North Area “for proposed renewal given its existing role as a
specialised activity centre”.
Clause 21.06 (Built Environment and Heritage) identifies Melbourne’s character which is defined by its
“distinctive urban structure, historic street pattern, boulevards and parks, heritage precincts, and
individually significant heritage buildings. Heritage buildings, precincts and streetscapes are a large
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part of Melbourne’s attraction and the conservation of identified heritage places from the impact of
development is crucial”. This Clause identifies the need to promote connectivity, provides for spacing
and offset to provide access to outlook, daylight, sunlight and to minimise direct overlooking between
habitable rooms, and to ensure that the scale, bulk and quality of development supports a high
quality public realm.
Clause 21.07 (Housing) Seeks to encourage the most significant housing and population growth to
occur in the Central City and Urban Renewal areas.
Clause 21.09 (Transport) seeks to integrate transport and urban growth by encouraging development
in locations, which can maximise the potential use of public transport. This Clause seeks to maximise
access to the city through support of the provision of adequate, safe public transport, pedestrian and
bicycle facilities and car parking, in the City to suit 24 hour activity.
Clause 21.10 (Infrastructure) seeks to enhance the City as Victoria’s pre-eminent cultural and
entertainment location by supporting and encouraging the growth of a vibrant cultural environment in
the City by supporting entertainment uses, music and the arts. It also has a specific strategy to
provide an integrated network of public open spaces in Urban Renewal areas.
Clause 21.14 (Proposed Urban Renewal Areas) identifies the City North Area for proposed urban
renewal.
The following key local planning policies (Clause 22) are relevant to the proposal:
Clause 22.02
Clause 22.05
Sunlight to Public Spaces
Heritage Places outside the Capital City Zone
Clause 22.17
Clause 22.19
Urban Design outside the Capital City Zone
Energy, Water and Waste Efficiency
Clause 22.23
Stormwater Management (Water Sensitive Urban Design)
The above policies encourage high quality urban design outcomes and to ensure that development is
environmentally sustainable and recognises its impact on the public realm.
An assessment against the above policies is provided in section 9 of this report.
5.3 Statutory Controls (Permit Triggers)
The following controls apply to the site, with planning permit triggers and requirements described
below:
Planning Control
Permit / Application Requirement(s) / Decision Guidelines
Clause 37.02 (Schedule 2
to the Comprehensive
Development Zone)
Clause 37.02-2 specifies that any requirement in the schedule to
this zone must be met.
Clause 37.02-4 specifies that a permit is required to construct a
building or construct or carry out works unless the schedule to this
zone specifies otherwise.
Schedule 2 specifies that:
•
Specifies that no permit is required for ‘accommodation’,
and ‘retail premises’ (other than adult sex bookshop, hotel,
manufacturing sales, motor vehicle, boat or caravan sales,
primary produce sales, tavern and timber yard) as the uses are
permitted as of right (Section 1 use) at Clause 1.0 of the
Schedule.
•
A permit is required for use of land for the gymnasium
(Indoor Recreation Facility)
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Clause 43.01 (Heritage
Overlay - 25) (HO25)
•
A permit is required for buildings and works;
•
An application for buildings and works must be generally in
accordance with the CDP and the Masterplan;
•
An application for buildings and works if generally consistent
with the CDP is exempt from the notice and decision
requirements and review rights of the Act;
•
Development within the CDZ2 is exempt from the provision of
Clause 52.06 (Car parking) of the Scheme; and
•
No permit is required for car parking under the CDP as the
proposal does not exceed 1500 car parking spaces for the
Brewery site.
Clause 43.01-2 specifies that a permit is not required to develop a
heritage place which is included on the Victorian Heritage Register.
The heritage bluestone facade and a portion of the associated land
are included on the Victorian Heritage Register (VHR No.: H0024)
therefore no permit is required.
Parking Overlay –
Schedule 12
(Clause 45.09)
Under Clause 45.09-3 a schedule to this overlay may specify that a
permit must not be granted to provide more than the maximum
parking provision specified in a schedule to this overlay.
Schedule 1 of the Parking Overlay specifies a maximum number of
car parking spaces (calculated at 1 space/dwelling). The limitation
policy allows for 1037 spaces. The provision of 222 car spaces on site
is below the maximum allowed under the clause, therefore no
permit is required.
Decision guidelines are contained at Clause 45.09-5 and at Clause
65.
Loading and Unloading
of Vehicles (Clause
52.07)
Under Clause 52.07 no buildings or works may be constructed for the
manufacture, servicing, storage or sale of goods or materials unless
space is provided on the land for loading and unloading vehicles as
specified within the table.
The loading bay provided exceeds the detailed requirements set
out in Clause 52.07. Therefore, no permit is required under this
clause.
Land adjacent to a road
zone, category 1, or a
public Acquisition overlay
for a category 1 road
(Clause 52.29)
Bicycle Facilities
(Clause 52.34)
Urban Context Report
and Design Response
Under this clause a permit is required to create or alter access to a
road in a Road Zone, Category 1. Referral was provided to the roads
corporation, VicRoads.
Under Clause 52.34-1 a new use must not commence until the
required bicycle facilities and associated signage has been provided
on the land. The standard requires the provision of 324 spaces (215
resident and employee spaces and 109 visitor spaces). The
application provides for 324 spaces, therefore a no permit is
required under this provision.
Under Clause 52.35-1 an application for a residential development of
four or more storeys must be accompanied by an urban context
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for Residential
Development of Four
or More Storeys
(Clause 52.35)
report and design response.
Integrated Public
Transport Planning
(Clause 52.36)
Under Clause 52.36-1 an application must be referred in accordance
with Section 55 of the Act to the Director of Public Transport for a
residential development comprising 60 or more dwellings or lots. The
application was referred to the Director of Public Transport.
General Provisions
(Clause 61.01)
The schedule to Clause 61.01 indicates that the Minister for Planning
is the responsible authority for considering and determining
applications in accordance with Divisions 1, 1A, 2 and 3 of Part 4 of
the Planning and Environment Act 1987 for approving matters
required by the scheme in relation to developments with a gross floor
area exceeding 25,000 square metres.
Decision Guidelines
(65.01)
Under Clause 65.01 before deciding on an application the responsible
authority must consider as appropriate a number of matters,
including Section 60 of the Act.
Referral and Notice
Provisions (Clause
66.03)
Clause 66.03 requires an application to be referred to the person or
body specified as the referral authority. As previously mentioned, the
Director of Public Transport and VicRoads are referrals under Clause
52.36.
Incorporated
Documents (Clause
81.01)
The site is within the area of the Carlton Brewery Comprehensive
Development Plan October 2007.
Under Clause 52.35-3 the responsible authority must inform the
applicant in writing before notice of an application is given that the
urban context report meets the requirements of Clause 52.35-2.
6 Other Strategic Matters
6.1 Design Guidelines for Higher Density Residential Development
Design Guidelines for Higher Density Residential Development (Department of Sustainability and
Environment, 2004) (referenced at Clause 15.01-2) are relevant to the proposal.
6.2 Plan Melbourne
Plan Melbourne was gazetted on 30 May 2014 (referenced at Clause 9 and Clause 11.04) and is the
Government’s long term plan to accommodate Melbourne’s future growth in population and
employment. Two key directions of relevance are:
• Key Direction 1.4 outlines the plan for the expanded central city to become Australia’s largest
commercial and residential centre by 2040.
• Key Direction 2.2 outlines the requirement to reduce the cost of living by increasing housing
supply near services and public transport.
Plan Melbourne identifies the Central City as an existing area within the expanded central region. This
central sub region has a target to accommodate 1 million jobs and 1 million people. The Central
subregion has the potential to grow from 700,000 jobs today to close to 1 million by 2031 and well
beyond this by 2050 (Initiatives 1.4.1 to 1.4.2).
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7 Notification
Under Schedule 2 of the Comprehensive Development Zone (CDZ2) an application to use land 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 Act. An application for
buildings and works under CDZ2 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 Act if it is generally consistent with the Comprehensive Development Plan (CDZ). It is
considered that the proposal is generally consistent with the CDZ.
8 Referrals
The application was given to the Department’s Urban Design Unit, the City of Melbourne, and referred
under Section 55 of the Act to the Director of Public Transport and VicRoads. The following comments
were provided:
Urban Design (DTPLI): generally supportive of the proposal and commented that:
• It is accepted that the tower height and form are generally in accordance with the
Development Plan (
limited to a 2% volumetric variance) and that the adjustments
(particularly moving the tower away from Bouverie Street) are positive in terms of respect for
heritage structures and the local streetscape.
• Where the proposal abuts Building 10 to the north, the boundary is now treated as a blank
wall without the sub-standard light court. However the two internal bedrooms per floor
remain against this wall without light. This not acceptable and a redesign of the layout is
required.
• The setback or collar at the base of the tower behind the heritage buildings is still poorly
resolved. Detailed design of the tower base to provide visual interest and alleviate the
dominance of the giant columns is required
• Detailed design of the lower Victoria Street, stairway and plaza elevations to assure activation
and visual interest is required.
• It is imperative to provide readily visible DDA compliant access to the upper plaza (“winter
garden”) from Victoria Street.
City of Melbourne: Council does not support the application based on the overshadowing of the
State Library forecourt. The matter was presented to the Future Melbourne Committee on 5 August
2014. A formal letter response was received on 14 August 2014. It stated that:
• The City of Melbourne does not support the proposal in its current form as the proposed
•
development will result in shadowing of the State library forecourt between 11am and 2pm
on 22 June, and is therefore inconsistent with the policy outlined in Clause 22.02 of the
Melbourne Planning Scheme.
The redesign required to ensure no overshadowing of the forecourt is not a matter that the
City of Melbourne believes should be addressed by permit conditions as it may result in
significant design changes.
Public Transport Victoria (PTV): offered no objection to the proposal subject to three (3)
conditions being included on any permit issued. Letter dated 12 May 2014.
VicRoads: Offered no objection and no conditions (Letter dated 29 May 2014). Requested a note be
placed on the permit regarding works in a road zone. They also reminded the applicant of the
requirement to remove any temporary access roads as part of previous permits for the CUB site.
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9 Assessment
9.1 Consistency with Planning Policy
The proposal achieves State and Local policy objectives by:
SPPF
Supports the concentration of major residential, commercial, retail, in the central city which
provides a variety of land uses and are highly accessible to the community (Clause 11.01-2).
Includes low car parking numbers and encourages alternative modes of transport (Clause 11.01-2
and Clause 18.01-1 Land use planning and transport).
Through high quality and site responsive architecture and urban design the proposal will
contribute to the character of the area, will promote safety and the attractiveness of Melbourne
and will have minimal detrimental impact on neighbouring properties (Clause 15)
The development will make a positive contribution to the public realm and to vistas to the city
(Clause 15)
The development is activated on the east, west and south interfaces which will enhance adjacent
pedestrian spaces, and create a pleasant new pedestrian experience and provide greater safety
for pedestrians (Clause 15)
MSS
Clause 21.02 recognises that the City of Melbourne is the premiere location for many of the
State’s economic, infrastructure and cultural facilities, with the most significant gains in resident
population expected in the Central City.
Responding to Clause 21.14 the site is in an urban renewal area identified in both the MSS and
through the zoning provision, which has identified the land for significant development provision.
LPPF
The development is designed to all visible sides and responsive to its context. It will enhance the
physical quality and character of Melbourne’s streets and lanes through a new safe and high
amenity pedestrian link and public open space (Clause 22.17).
Responding to Clause 22.19 (Energy, Waster and Water) and Clause 22.23 (Stormwater
Management) by including environmentally sustainable building initiatives.
9.2 Development Plan/ Masterplan
The important assessment tools for this application are the Carlton Brewery Comprehensive
Development Plan October 2007 (an incorporated Document in the scheme), the Comprehensive
Development Zone (CDZ2) and the Carlton Brewery Masterplan 2007 (a reference document in
CDZ2). The Development Plan outlines a general framework for the development of the Brewery site.
It is not intended to be overtly prescriptive. Many of the facets of the proposal are consistent with
the CDP and the zoning provision, however some are not - these are discussed below.
9.3 Land Use
The proposed uses replace an underutilised and inactive site which makes a limited contribution to
the area. The proposal is consistent with many policy directions, and contributes to the on-going
revitalisation of a 24-hour Central Activities District.
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The development responds appropriately with the broad strategic intent for mix use development as
outlined in the State Planning Policy Framework, Local Planning Policy Framework, including the
Municipal Strategic Statement (MSS) and the zoning control.
The land use mix is not in accordance with the Comprehensive Development Plan (which identifies
the site for office use). The CDZ2 does not require a permit for the majority of uses nor does it
trigger notice provision for uses that are not generally in accordance.
The only land use that requires a permit in the scheme is the gymnasium and this is supported.
9.4 Design and Built Form
9.4.1
Height and Building Envelope
The form of the tower as submitted is a response to the Development Plan and the applicant has
provided the following diagrams to illustrate the consistency of the proposal. (A total of 2% volume
is proposed which sits outside of the development plan envelope.)
Figure 2- Victoria Street elevation - Development Plan and Proposal
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Figure 3 - Bouverie Street elevation- Development Plan and Proposal
The height of the tower is consistent with the development plan,
has been reduced to ensure
compliance with flight path regulations. The tower is setback from the Bouverie Street frontage to
allow for the form to respect the heritage building; this approach is supported. The proposal meets
the Victoria Street edge (ie zero setback), which is consistent with the development plan. However
the frontage is intermittently setback in a wave effect which will break up the façade and reduce the
mass of the building.
The Masterplan provides for a broad mix of uses including retention and adaptive re-use of the
Bouverie Street heritage facade, and extensive provision of publically accessible areas and a key
pedestrian link. The proposal generally meets these important elements of the Comprehensive
Development Plan.
9.4.2
Internal Amenity
The building design provides a good standard of amenity for future residents. Reliance on borrowed
light has been minimised and can be conditioned to remove entirely. All proposed dwellings have
access to varying sized balconies in the form of a wintergarden. The dwellings facing north (Building
10) requires some redesign as the second bedroom has a window against a wall on the boundary.
The sub-standard light court in the original design (as referred to by Urban Design) has been
removed.
All apartments will have access to shared facilities within the building including a lounge bar and
dining room.
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9.5 Street Level Activation and Pedestrian Safety
The proposed development incorporates retail tenancies at ground floor and mezzanine within the
CUB heritage building on Bouverie Street, which is an excellent reuse of a heritage building currently
in disrepair. The Victoria Street frontage is activated with entrances to the apartments, lobby areas
and an arcade. This is a good level of activation. The stairway to the plaza will improve street
activation and the main plaza itself is fronted by retail spaces to improve pedestrian safety. Some
minor design revision is required to the plaza and stairway to improve pedestrian safety: this has
been added as a condition.
9.6 Shadowing
Clause 22.02 outlines that a fundamental feature of Melbourne’s character, liveability, comfort and
attractiveness is its ability to offer sunlight to its streets and public spaces at the times of the year
when the intensity of pedestrian activity is highest. Objectives of the policy include to ensure that
overshadowing from new buildings or works does not result in significant loss of sunlight and diminish
the enjoyment of public spaces for pedestrians and to protect spaces from overshadowing when they
are used the most.
Clause 22.02 outlines that development should not cast any additional shadows across the State
Library forecourt, between 11.00 am and 2.00 pm on 22 June. The State Library forecourt is one of
only a handful of key spaces in the city where this applies, however this is a local policy guidance and
not a mandatory control.
The current proposal overshadows the State Library forecourt at approximately 1.55pm on 22 June.
By 2pm approximately 26% of the Library forecourt is in shadow. The Department’s 3D model
illustrates that from 6 May 2014 to 5 August 2014 there are periods between 1.30-2pm where the
shadow extends over the forecourt.
The Library forecourt is the key public space within this area of the city and the key usage time is
over the lunchtime period. There are numerous new developments that have either gained planning
permission or have been built in the immediate area since the approval of the Development Plan in
2007. As a result of the population growth within the City and the general growth in daily visitors the
Library Forecourt is more important as a public space now than it was in 2007.
The City of Melbourne has provided figures to show a notable rise in usage over the period 2004 –
2014. Usage has risen during all time periods; the increases range from about 14 per cent (daytime,
during the week) to over 350 per cent (daytime, weekend).
The approved Development Plan provides an analysis of shadowing for 22 March/ September only
and does not contemplate the winter solstice; the control (Clause 22.02) has been in the planning
scheme since inception of the new format schemes in 1999. The proposal does not shadow more
than is contemplated in the Development Plan and this should be considered above other factors in
the determination of this application.
The applicant has provided six options for not overshadowing of the forecourt
. None of these provide an optimum design outcome in terms of yield
and building efficiency and all result in a substantial reduction in GFA from the approved Development
Plan. Some options result in a 14,000sqm reduction in GFA in comparison, which equates to
approximately 200 apartments. “Option 2” in the shadow study provides for removal of the high rise
section of the tower above 200m AHD (approximately) resulting in a reduction in height of over 55
metres. Of the six options this would provide a more certain planning outcome (ie retaining the
existing footprint) while providing the most benefit in terms of reduced shadowing to the Forecourt.
It would be suitable to add a condition of permit to accord with Option 2 if the issue of shadowing
was paramount. The other five options provide minimal shadowing benefit and would require a
substantial redesign;
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9.7 Microclimate (Wind, Weather Protection, Light and Shade) &
Internal Amenity
9.7.1
Wind
A wind tunnel assessment (and revised test) of the proposal was provided by Mel Consultants
(February 2014). This report concludes that ‘For the Basic Configuration, with one exception, wind
conditions in all the surrounding public access-ways were shown to be within the criterion for walking
comfort for all wind directions. The exception was for one location where existing wind conditions had
been shown to exceed the walking criterion by a small amount and the proposed 170 Victoria Street
Development was shown to make no significant change.’ The exception is on the south side of
Victoria Street on Swanston Street (adjacent to the Audi garage).
Mel Consultants have since reviewed the proposed plans (RFI plans) and have confirmed that given
the plans retain the wind amelioration features developed for the previous scheme, the changes to
the tower built from (massing) are aerodynamically negligible.
Therefore the results from the wind study and the revised test are considered acceptable. It is noted
that the wind conditions at the corner of Bouverie Street and Victoria Street are on the edge of
walking criteria. Any relocation of the tower towards the Bouverie Street frontage (as outlined in one
of the six options in the shadow study) may result in an unacceptable wind outcome.
9.8 Environmental Issues
9.8.1
Contamination
A preliminary site report was provided with the application (Tonkin & Taylor, 1 November 2013)
which indicated a potential for land contamination and recommended that a Certificate or Statement
of Environmental Audit be conditional of any permit. This should be prior to occupation to allow for
the extensive excavation works required.
9.8.2
ESD
An ESD report has been submitted with the application (Irwin Consultants, 26 February 2014) which
demonstrates that the proposal will achieve 3.5 star Green Star rating. This is lower than the target 5
star in Clause 22.19 and in the Development Plan. The applicant has indicated that the objectives of
the local policy have been met through appropriate sustainability professionals guiding the
construction phase and good water management. The Green Star rating is considered below average
(most applications have received recently have at least a 4 star Green Star rating), however the
objectives of the policy are generally achieved.
9.8.3
Stormwater
A Stormwater management plan has been prepared (Oculus, 1 May 2014) in accordance with the
provisions of Clause 22.23. This is considered suitable and should be included in the final landscape
plan.
9.9 Car Parking, Loading and Unloading of Vehicles, Waste Collection
and Bicycle Facilities
The level of car parking provided on site is supported, which is under the maximum limitation policy,
and commensurate with the site’s level of access to public transport, employment and facilities.
Bicycle parking is also provided on site, which will encourage cycling both within and to the City for
the journey to work. The bicycle parking spaces are in excess of the requirements (Clause 52.34).
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The proposal provides appropriate loading and unloading facilities on site (Clause 52.07) although this
will be accessed through a shared access road on the neighbouring site to the north (Building 10).
The applicant has access rights to this carriageway.
A waste management plan has been submitted with the application. The final form of the waste
management plan can be resolved via conditions to the satisfaction of the City of Melbourne.
9.10 Protected Airspace
The applicant has provided advice in relation to Essendon Airport protected airspace (ACC/
advising that approval is required to penetrate the obstacle limitation surface
(OLS) at Essendon Airport by 36metres.
indicated that the relevant approvals are likely
to be granted. A condition of permit can be placed to ensure this approval is achieved prior to
construction.
10 Conclusion & Recommendation
The development represents a comprehensive development of the site as envisaged by the Carlton
Brewery Comprehensive Development Plan October 2007. The development accords with State
Planning Policy and Plan Melbourne by providing a concentration of major residential development in
the central city with good access to services, facilities and employment.
The key issue in this application relates to the overshadowing of the State Library forecourt. The
Library Forecourt is an extremely important public space in the City, perhaps even more so than in
2007 (when the Development Plan was approved). The local policy on shadowing provides a clear
objective to protect the level of sunlight to public spaces during the times of the year when the
intensity of use is at its highest, which is considered to be in the lunchtime period and in times of the
year where other parts of the city are in shade (such as in winter months). Usage figures for the
forecourt provided by City of Melbourne indicate the increasing importance of the space.
However the height of the tower should not be reduced; there are two key reasons for this:
•
The form of the building (including the height) is generally in accordance with the
Development Plan and there is a level of expectation regarding the development envelope
being ‘approved’. A reduction in height of the building would result in a substantial reduction
in yield of approximately 200 apartments. This is a substantial reduction particularly when
the city has been identified as an area where development is expected and in an area
identified in Plan Melbourne for growth.
•
There is ability in the local policy (Clause 22.02)
for discretion and this is required on this occasion. Council has requested a “compliant
scheme” with the specific requirements of the policy (between 11am and 2pm on 22 June)
rather than considering the objectives of the policy. There would be minimal reward to an
additional five minutes of sun as the shadow passes through the square anyway, just five
minutes later. There are shadows from other buildings (built, approved and under
consideration) onto the forecourt at other times of the year at around 2pm-2.30pm and it is
unlikely that the five minute difference on the solstice will be discernible to most people.
If the City of Melbourne had objected on the basis that the objectives of the policy (Clause 22.02)
had not been met and were considering reviewing the specifics of the policy to ensure a better
shadowing outcome for all future development applications, the development could potentially be
reduced in height. However, they have not and this application should not be singled out for special
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treatment if similar overshadowing could befall the forecourt as a result of a subsequent
development.
It is recommended that planning permit 2014/000834 for building and works for the purposes of a
multi-level apartment tower and use of land for gymnasium (minor leisure and recreation facility) be
issued subject to standard conditions.
Department of Transport, Planning and Local Infrastructure
1 Spring Street Melbourne Victoria 3000
Telephone (03) 9208 3799
© Copyright State of Victoria,
Department of Transport, Planning and Local Infrastructure 2013
Except for any logos, emblems, trademarks, artwork and photography this document is made
available under the terms of the Creative Commons Attribution 3.0 Australia license.
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