UPC3 56 Cotham Road, Kew Abstract

Transcription

Urban Planning Special Committee Agenda
UPC3
15/12/14
56 Cotham Road, Kew
Application no.:
PP14/01076 (File 40/409/06517)
Responsible director
John Luppino
City Planning
Authorised by:
Simon Mitchell
Manager Statutory Planning
Report officer:
Seuna Byrne Principal Planner Statutory Planning
Abstract
Proposal
The proposal seeks to construct a 7-storey building above a 2-level basement car
park. The building will contain 30 dwellings (4 x 1-bedroom, 12 x 2-bedroom, 13 x 3bedroom and 1 x 4-bedroom), four (4) shops with a combined leasable floor area of
266sqm and two (2) cafes with a combined leasable floor area of 226sqm. A total of
57 on-site car spaces are proposed. Dispensation is sought for seven (7) car spaces
(two (2) dwelling visitor car spaces and five (5) café spaces). The building is
proposed to have a maximum height of 22.11m, with a street wall height of 9.88m 10.3m facing Cotham Road and 10.5m - 11.6m facing Gellibrand Street. The floors
above the street wall are setback a minimum of 5.05m from Cotham Road and
3.275m from Gellibrand Street.
Issues
The following are key issues in respect of this application:




The reduction of car parking associated with dwelling visitors and the cafes;
Compliance with the adopted Kew Junction Structure Plan and the proposed
Schedule 14 to the Design and Development Overlay and Kew Junction Activity
Centre Policy, which have attained the status of being “seriously entertained” as
part of Amendment C138;
The height of the building and visual bulk impacts on the adjacent dwellings and
Alexandra Gardens;
Matters raised by objectors.
Officer's response
It is not proposed to allow a dispensation of the dwelling visitor parking requirements,
with a condition requiring the provision of visitor parking in accordance with the
requirements of Clause 52.06. The proposed dispensation of five (5) car spaces
associated with the cafés is considered acceptable, as surveys carried out indicate
sufficient on-street and off-street parking is available in the immediate areas.
Sufficient on-site parking is provided for staff in the cafes and shops.
It is not proposed to allow the development to exceed the maximum height sought by
the adopted Kew Junction Structure Plan. Permit conditions delete the top floor of the
building, reducing its height to 19.0m. As a consequence of this modification, the
building would be 6-storeys and the number of dwellings would be reduced to 29.
Details of the proposal, discussion of all objections and assessment against relevant
controls and policies are contained in the attachment to this report.
City of Boroondara
56 Cotham Road
Page 1 of 89
15/12/14
Officers' recommendation
That the Urban Planning Special Committee resolve that a Notice of Decision to
Grant Planning Permit No. PP14/01076 for construction of a six (6) storey building
above basement car parking, containing shops, food and drink premises (cafe) and
29 dwellings, reduction of the car parking requirement associated with the cafes,
waiver of the loading bay requirements and construction of a canopy above the
Cotham Road footpath at 56 Cotham Road, Kew be issued under the Boroondara
Planning Scheme subject to the following conditions:
Amended plans required
1.
Before the development starts, amended plans must be submitted to the
satisfaction of the Responsible Authority. When the plans are to the satisfaction
of the Responsible Authority they will be endorsed and will then form part of the
Permit. The plans must be drawn to scale with dimensions and three (3) copies
provided, substantially in accordance with the plans submitted with the
application (Drawing Nos. TP03, TP04, TP05, TP06, TP07, TP08, TP09, TP10,
TP11, TP12, TP13, TP14, TP15, TP16, TP17, TP18, TP19 and TP20 all
Revision 1, dated 15 August 2014 and the Schedule of Materials and Finishes
and perspective views, all prepared by AddArc) but modified to show:
General:
a) Deletion of Level 6 and a further reduction in the height of the building to a
maximum overall height of 19.0m, excluding rooftop plant and equipment
that are designed as architectural roof top features or hidden from view
from any adjoining public space;
b) Further details, at a scale of 1:50, of the design of the pedestrian entry
foyer to Gellibrand Street, ensuring the façade is finished with high quality
materials, is prominent within the streetscape, has integrated lighting and
that the space is consistent with the objectives of the Safer Design
Guidelines for Victoria;
c)
An integrated lighting plan for the Gellibrand Street residential pedestrian
entry lobby;
d) Modification to the Schedule of Materials and Finishes, to change the stain
of the timber finish to a ‘reddish-brown’ colour, including a physical
sample;
e) Modification to the Schedule of Materials and Finishes and East Elevation,
to change the pattern of the Pre-cast concrete with horizontal expressed
joints (shown as “4”) to a pattern that is more graphic, with a highly
emphasised emboss or reveal, to create exaggerated shadow-lines;
f)
Further details on the Schedule of Materials and Finishes, to detail the
type and finish of the proposed stone cladding, including a physical
sample;
g) Application of the ‘reddish-brown’ coloured timber finish to the soffit and
sidewalls of the balconies;
h) Application of the stone cladding, where practical, to the ground level
facades;
i)
Fully dimensioned section details, at a scale of 1:20, of the proposed
aluminium screen (shown as “11” and “12”);
j)
Further details of the nature of the proposed glazing treatment to the
building, including the degree of tinting, performance and reflectivity. The
additional detail is required to address issues about the impact of glare on
the amenity of properties located opposite and adjacent to the site, in
Cotham Road and for users of Alexandra Gardens. Physical samples of
the glazing are required;
City of Boroondara
56 Cotham Road
Page 2 of 89
k)
l)
m)
n)
o)
p)
15/12/14
The canopies above the Cotham Road and Gellibrand Street footpaths,
adjacent to the commercial uses, to have a minimum clearance of 3.0m
above footpath level and a setback of 750mm from the face of kerb of the
respective streets;
The use of double glazing (or better), with commercial-grade seals, for the
external glazing of the dwellings, to provide acoustic protection from noise
associated with Cotham Road;
The balcony balustrades and east-facing windows that are not located
behind balcony/terrace balustrades, associated with Dwellings G02, G03,
1.07, 1.08, 2.07, 2.08, 3.05 and 4.04, to incorporate privacy screening in
accordance with the Rescode standard;
Details of the location of proposed air conditioning units for the dwellings.
The units should be contained within a built-in seat or similar structure to
obscure them from view;
The provision of a stormwater harvesting tank with collected rainwater to
be used for garden irrigation;
Any further modifications to the building design recommended in the ESD
report required by this Permit;
Basement carpark and accessways:
q) A minimum of 57 car spaces, allocated in accordance with any other
conditions in this Permit;
r)
All dwelling visitor car spaces located within the Lower Basement Level;
s)
Three (3) of the 12 bicycle parking spaces moved so that they are located
outside of the secure section of the basement car park and can be
accessed by visitors/customers;
t)
Swept path analysis of the end of aisle car spaces demonstrating that
access is safe and convenient, or further modifications to the layout of the
car park to ensure that the layout of the car park is safe and convenient;
u) A notation that any obstructions located within the pedestrian sightline
triangle to the north of the vehicle accessway must be a minimum of 50%
permeable and not greater than 900mm high;
v)
Details of the location and schedule of the content of bicycle signage, in
accordance with Clause 52.34-5.
Layout of Buildings and Uses not to be Altered
2.
The layout of the site and the size, levels, design and location of buildings and
works and the description of the uses on the endorsed plans must not be
modified for any reason (unless the Boroondara Planning Scheme specifies that
a permit is not required) without the prior written consent of the Responsible
Authority.
Maintenance of Buildings and Works
3.
All buildings and works must be maintained in good order and appearance to
the satisfaction of the Responsible Authority.
Land Suitable for a Sensitive Use
4.
Prior to the commencement of construction of the building hereby approved:
a)
b)
A certificate of environmental audit must be issued for the land in
accordance with Part IXD of the Environment Protection Act 1970; or
An environmental auditor appointed under the Environment Protection Act
1970 must make a statement in accordance with Part IXD of that Act that
the environmental conditions of the land are suitable for a sensitive use.
City of Boroondara
56 Cotham Road
Page 3 of 89
5.
15/12/14
Notwithstanding the provisions of Condition 4, the following works can be
carried out before a Statement of Environmental Audit or a Certificate of
Environmental Audit is provided to the Responsible Authority under Condition 4:
a)
b)
Demolition and buildings and works that necessarily form part of the
Environmental Audit process; and
Buildings and works that the Environmental Auditor engaged by the
owners advises must be carried out before a Statement or Certificate of
Environmental Audit can be issued.
These works must be carried out in accordance with the Works Plan approved
by the Environmental Auditor engaged by the owner. A copy of the Works Plan
must be provided to the Responsible Authority before the commencement of the
buildings and works for the purposes of this condition.
6.
Before the construction of the building hereby approved commences (excluding
buildings and works carried out in accordance with a Works Plan approved by
the Environmental Auditor engaged by the owner), a copy of the Certificate of
Environmental Audit and/or Statement, and the complete audit report and audit
area plan must be submitted to the Responsible Authority.
7.
The development and use allowed by this permit must comply with the
directions and conditions of any Statement of Environmental Audit issued for
the land.
8.
Prior to the occupation of the dwellings, a letter must be submitted to the
Responsible Authority by an Environmental Auditor accredited with the EPA, to
advise that all construction and remediation works necessary and required by
an environmental audit or statement have been carried out.
9.
Any handling and disposal of contaminated site soil must be in accordance with
the requirements of any statement of environmental audit issued for the land,
the requirements of the Environment Protection Authority and the Environment
Protection Act 1970.
Landscape Plan
10. Concurrent with the endorsement of any plans pursuant to Condition 1, a
Landscape Plan to the satisfaction of the Responsible Authority must be
submitted to and approved by the Responsible Authority. The plan must be
drawn to scale with dimensions and three (3) copies provided. When endorsed,
the plan will form part of the permit. The Landscape Plan must show:
a)
b)
c)
d)
e)
That garden irrigation will utilise rainwater harvested on site, with mains
back-up;
Details of the surface finish of all pathways, paved areas and accessways;
A planting schedule of all proposed trees, shrubs and ground covers
including botanical names, common names, pot sizes, sizes at maturity
and the quantities of each plant;
Planting required by any other condition of this permit; and
Landscaping and planting within all open areas of the site, including
planter boxes.
City of Boroondara
56 Cotham Road
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15/12/14
Completion of landscaping works
11. Landscaping as shown on the endorsed landscape plan/s must be carried out
and completed to the satisfaction of the Responsible Authority prior to the
occupation of the development.
Landscaping maintenance
12. All landscaping works shown on the endorsed landscape plan/s must be
maintained and any dead, diseased or damaged plants replaced, all to the
satisfaction of the Responsible Authority.
Waste Management Plan
13. Prior to the commencement of the development, a Waste Management Plan
generally in accordance with the Waste Management Plan submitted with the
application (Waste Management Plan, dated 21 August 2014, prepared by
Leigh Design Pty Ltd) must be prepared to the satisfaction of the Responsible
Authority. Once satisfactory, such plan will be endorsed and must be
implemented to the satisfaction of the Responsible Authority. The plan must
provide the following details of a regular private waste (including recyclables)
collection service for the subject land including:
a)
b)
c)
d)
e)
the type/s and number of waste bins;
screening of bins;
type/size of trucks;
frequency of waste collection;
delivery of bins to waste collection points and retrieval of bins once
collected or location of collection points within basement.
to the satisfaction of the Responsible Authority.
Waste Collection
14. Collection of waste must be conducted so as not to cause any disturbance to
nearby residential properties and may only occur between the hours of 7:00am
to 7:00pm Monday to Friday to the satisfaction of the Responsible Authority.
Number of car parking spaces
15. A minimum of 57 car parking spaces must be provided on the land, including
one (1) car space allocated to each 1 or 2-bedroom dwelling, two (2) car spaces
allocated to each 3 or more bedroom dwelling, 4 car spaces allocated to the
shops (one to each tenancy), two (2) car spaces allocated to the cafes (one to
each tenancy) and six (6) car spaces allocated to dwelling visitors, to the
Driveways and Car Parking areas to be constructed
16. Before the use starts the areas set aside for car parking, access lanes and
driveways shown on the endorsed plans must be:
a)
b)
c)
d)
e)
Constructed;
Formed to such levels and properly drained so that they can be used in
accordance with the endorsed plans;
Surfaced with an all-weather seal coat;
Line-marked to show the direction of traffic along the access lanes and
driveways; and
Drained;
to the satisfaction of the Responsible Authority.
City of Boroondara
56 Cotham Road
Page 5 of 89
15/12/14
Use of car parking spaces and driveways
17. Car spaces, access lanes and driveways shown on the endorsed plan must not
be used for any other purpose and may be used by occupants of or visitors to
the site to the satisfaction of the Responsible Authority.
18. All vehicles entering and exiting the car park must do so in a forwards direction.
External Lighting
19. All outdoor lighting of publicly accessible areas must be designed, baffled and
located to prevent light from the site causing any detriment to the locality, to the
Integrated Lighting Plan
20. Concurrent with the endorsement of the plans referred to in Condition 1, an
Integrated Lighting Plan must be prepared to the satisfaction of the Responsible
Authority. Once satisfactory, such plan will be endorsed and must be
implemented to the satisfaction of the Responsible Authority. The plan must
provide the following details to the satisfaction of the Responsible Authority:
a)
Integrated feature lighting for pedestrian entrance lobby for the dwellings,
facing Gellibrand Street.
Concealment of Pipes
21. All pipes (except down-pipes), fixtures, fittings and vents servicing any building
on the site must be concealed in service ducts or otherwise hidden from
external view to the satisfaction of the Responsible Authority.
Boundary walls
22. The external faces of walls on or facing boundaries are to be cleaned and
finished to the same standard as such walls within the development site to the
Environmentally Sustainable Design Report
23. Concurrent with the endorsement of any plans pursuant to Condition 1, an
Environmentally Sustainable Design (ESD) Report which is to the satisfaction of
the Responsible Authority must be prepared by a suitably qualified expert and
submitted to the Responsible Authority for approval. The report must address
ESD principles proposed for the site including, but not limited to, energy
efficiency, stormwater collection and re-use on the site for garden irrigation, the
use of double glazing (or better) with commercial grade seals for the dwellings
and waste and building materials. Any recommended changes to the building
must be incorporated into the plans required by Condition 1. Once approved,
such a plan must be implemented prior to the occupation of the dwellings to the
City of Boroondara
56 Cotham Road
Page 6 of 89
15/12/14
Construction Management Plan
24. Prior to the commencement of any site works, including demolition and
excavation, a Construction Management Plan must be submitted to and
endorsed by the Responsible Authority. No works are permitted to occur until
the Plan has been endorsed by the Responsible Authority. Once endorsed, the
construction management plan will form part of the permit and must be
implemented to the satisfaction of the Responsible Authority. The plan must be
prepared in accordance with Council’s Construction Management Plan
Template and provide details of the following:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
Hours for construction activity in accordance with any other condition of
this permit;
Measures to control noise, dust, water and sediment laden runoff;
Measures relating to removal of hazardous or dangerous material from the
site, where applicable;
A plan showing the location of parking areas for construction and subcontractors' vehicles on and surrounding the site, to ensure that vehicles
associated with construction activity cause minimum disruption to
surrounding premises. Any basement car park on the land must be made
available for use by sub-constructors/tradespersons upon completion of
such areas, without delay;
A Traffic Management Plan showing truck routes to and from the site;
Swept path analysis demonstrating the ability for trucks to enter and exit
the site in a safe manner for the largest anticipated truck associated with
the construction;
A plan showing the location and design of a vehicle wash-down bay for
construction vehicles on the site;
Measures to ensure that sub-contractors/tradespersons operating on the
site are aware of the contents of the construction management plan;
Contact details of key construction site staff;
A site plan showing the location of any site sheds, on-site amenities,
building waste storage and the like, noting that Council does not support
site sheds on Council road reserves; and
Any other relevant matters, including the requirements of VicRoads and
Yarra Trams.
Hours for Demolition and Construction Work
25. All works including earthworks, demolition and construction activity associated
with the approved development is to be limited to the following hours, unless
with the prior written consent of the Responsible Authority:
Monday to Thursday:
Friday:
Saturday:
Sunday & Public Holidays:
7:00am to 6:30pm
7:00am to 5:00pm
9:00am to 5:00pm
No construction.
Drainage
26. The land must be drained to the satisfaction of the Responsible Authority.
City of Boroondara
56 Cotham Road
Page 7 of 89
15/12/14
Permit to Expire
27. This Permit will expire if:
a)
b)
The development (including demolition) does not start within two (2) years
of the issue date of this Permit; or
The development is not completed within four (4) years of the issue date of
this Permit.
The Responsible Authority may extend the times referred to if a request is made
in writing before the permit expires or:
(i)
(ii)
Within six (6) months afterwards if the use or the development has not
commenced; or
Within twelve (12) months afterwards if the development has not been
completed.
Council and the Victorian Civil and Administrative Tribunal are unable to
approve requests outside of the relevant time frame.
Notes:
 Headings are for ease of reference only and do not affect the interpretation of
permit conditions.

Pursuant to Council's Residential Parking Permit Policy (2011), the owners and
occupiers of dwellings approved in this development will not be eligible to obtain
resident or visitor parking permits.

The applicant is required to obtain an Asset Protection Permit prior to the
commencement of site works in accordance with Protection of Council Assets
and Control of Building Sites Local Law 2011.

The applicant is required to obtain prior written consent from Council and any and
all Public Authorities for alteration or reinstatement of (street) assets or services
affected as a result of the development. Full compliance with any and all
conditions is required. The applicant must provide copies of said written
approvals / agreements to Council’s Asset Management Department. All costs
are to be borne by the developer.

The full cost of reinstatement of any Council assets damaged as a result of
demolition, building or construction works, must be met by the permit applicant or
any other person responsible for such damage, to the satisfaction of the
Responsible Authority.
City of Boroondara
56 Cotham Road
Page 8 of 89
15/12/14
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STATUTORY PLANNING
OFFICERS REPORT
Urban Planning Special Committee
Application Number
Date Application
Received
Planning Officer
Applicant
Owner
Property Address
Proposal
Ward
Zoning
Overlays
Advertised?
Number of
Objections Received
Recommendation
PP14/01076
21 August 2014
Seuna Byrne
Franze Developments (Kew) Pty Ltd c/- SJB Planning
Scott Berkowitz Furniture Pty Ltd
56 Cotham Road, Kew
Construction of a seven (7) storey building above basement
car parking, containing shops, food and drink premises (cafe)
and 30 dwellings, reduction of the car parking requirement
associated with the cafes and dwelling visitors, waiver of the
loading bay requirements and construction of a canopy above
the Cotham Road footpath.
Studley
Commercial 1 Zone, adjacent to a road in a Road Zone,
Category 1 (Cotham Road)
Parking Overlay - Schedule 1
The application was advertised on 17 September 2014 by the
posting of notices to abutting and nearby property owners and
occupiers, the Kew Junction Business Association and
VicRoads and by the display of two (2) signs on the land for a
period of not less than 14 days.
15
Notice of Decision to Grant a Planning Permit
PLANS ASSESSED IN THIS REPORT
Plans advertised on 17 September 2014
PROPOSAL
Appendix A - Advertised Plans - 17 September 2014
An application has been made to Council for the construction of a seven (7) storey
building comprising 30 dwellings, six (6) shops and a café, above a basement car park.
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City of Boroondara
56 Cotham Road
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Details of the proposal are summarised as follows:
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
The provision of four (4) shops with a combined leasable floor area of 266sqm and
two (2) cafes with a combined leasable floor area of 226sqm, for a total leasable
floor area of 492sqm. The shops and cafes would be located on the Ground and
Lower Ground Levels, with individual pedestrian entrances variously to Cotham
Road and Gellibrand Street;
A total of 30 dwellings, located on the Ground Floor through to Level 6 (comprised
of 4 x 1-bedroom dwellings, 12 x 2-bedroom dwellings, 13 x 3-bedroom dwellings
and 1 x 4-bedroom dwelling), accessed via a 5m wide, double height entry lobby
facing Gellibrand Street;
A total of 57 car spaces, allocated as follows:
¾ 47 dwelling resident spaces, located within the basement levels, including 24
tandem car spaces (i.e. 12 x tandem pairs);
¾ Six (6) commercial car spaces (one for each commercial tenancy), located on
the Lower Ground Floor; and
¾ Four (4) visitor car spaces, distributed across the Lower Ground Floor and
Basement 1 level.
A total of 12 secure bicycle spaces, located within the Lower Ground Floor car park;
A total of 31 storage compartments for the dwellings, located throughout the
Basement levels;
Vehicle access is via a new 6.45m wide vehicle crossing to Gellibrand Street;
A 5.65m x 8.45m ‘landscape zone’ would be located at the south-east corner of the
site, facing Gellibrand Street. Excluding the landscape zone, the ground floor of the
building would generally be constructed to the title boundaries;
The building would be seven (7) storeys, with a maximum overall height of 22.11m
above natural ground level;
Facing Cotham Road, the building would have a street wall height of between
9.88m - 10.3m;
Above the street wall, the building would have a minimum setback of 5.05m from
Cotham Road;
Facing Gellibrand Street, the building would have a street wall height of between
10.5m - 11.6m;
Above the street wall, the building would have a minimum setback of 3.275m from
Gellibrand Street;
A 3.0m - 18.78m high pre-cast concrete wall would be constructed abutting the
western boundary. The concrete panels are proposed to be charcoal oxide in colour
and would have horizontal expressed joints. The tallest component of the boundary
wall would be 8m wide;
The development is contemporary in appearance, with building materials generally
consisting of clear glazing for the shopfronts and grey and silver coloured glass
curtain walls and selected zinc cladding;
Canopies are proposed above the Cotham Road and part of the Gellibrand Street
footpaths. The Cotham Road canopy is 1.3m deep, setback approximately 1.4m
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City of Boroondara
56 Cotham Road
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from the face of the Cotham Road kerb. The Gellibrand Street canopy is 1.0m deep,
setback approximately 1.6m from the Gellibrand Street kerb.
Table 1, below, describes the proposed boundary setbacks:
Table 1 - Minimum and maximum setbacks - September 2014 advertised plans
Location of
setbacks
Basement 02
Basement 01
Lower Ground
Ground Floor
Level 1
Level 2
Level 3
Level 4
Level 5
Level 6
Proposed minimum and maximum building setbacks
North
East
West
(Cotham Rd)
(Gellibrand St)
0m
0m
0m
0m
0m
0m
0m
0m - 8.45m
0m
0m
0m - 3.175m
0m - 8.25m
0m
0m - 3.275m
0m - 8.25m
0m
0m - 3.275m
0m - 7.45m
5.05m - 7.05m
3.27m - 5.075m
0m - 7.45m
5.05m - 7.05m
3.275m
0m - 5.05m
5.05m - 7.05m
3.275m
0m - 7.350m
9.05m
6.975m
7.35m
South
23m
0m
0m - 5.65m
4.435m - 6.035m
4.435m - 5.685m
5.685m
9.535m - 12.835m
12.835m
18.0m - 23.735m
18.435m - 19.335m
THE SITE
Appendix B - Location of subject site, notified properties and objectors
Site Location
Width of Frontage
Maximum Depth of Site
Total Site Area
Easements
The subject site is located on the west corner of the Tintersection of Cotham Road and Gellibrand Street.
33.528m (31.39m excluding splay at north-east corner)
39.446m
Approximately 1318m2
The subject site is encumbered by two (2) easements.
The Certificate of Title shows that easement R1 is an
easement of way, located at the north-west corner of the
site, creating the splay that widens the Cotham
Road/Gellibrand footpath (approximately 2.74m long facing
Cotham Road).
Fall of the Land
Front Fencing Details
Easement E1 is a 0.91m wide drainage easement that runs
along and within the length of the southern boundary.
The site has a moderate fall from the north (Cotham Road)
to the south (rear) of approximately 2.45m.
The site does not have front fencing.
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City of Boroondara
56 Cotham Road
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The subject site is currently developed with a double storey brick building with a flat
roof, comprising a “Video Ezy” store, “Cold Rock Café” ice creamery and “Rivers”
clothing store. The existing combined shop floor area is approximately 1,450sqm.
Along the Cotham Road frontage, the western-most section of the building is
constructed to the title boundary, whereas the eastern-most section is setback
approximately 3m. Due to the fall of the land from north to south, the ground floor
tenancy sits partially below the footpath level of Cotham Road. The frontage is finished
with brick paving, with a step and ramp providing access to the retail tenancy. Low brick
retaining walls with some landscape planting defines the title boundary. A large pole
sign is located within the frontage and overhangs the Cotham Road footpath. The sign
was approved by the City of Kew in 1977.
Above: The subject site, as viewed from Gellibrand Street. The floor level of the
video store is lower than the Cotham Road footpath level
Formal on-site parking for 11 cars is provided within a basement car park, accessed via
a two-way vehicle crossing to Gellibrand Street. A separate, external loading bay is
located abutting the southern boundary of the site, accessed directly via Gellibrand
Street.
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City of Boroondara
56 Cotham Road
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Above: Access to the existing loading bay (L) and basement car park (R)
The ground floor tenancy within the western-most part of the building facing Cotham
Road (“Rivers”) has a finished floor level that is approximately 600mm above footpath
level, with pedestrian access to the shop via steps.
Above: The western-most section of the subject site, viewed from Cotham Road
There are seven (7) on-street car spaces available along the site’s frontages, including:
x
x
4 x ‘1/2P 9am-9pm Mon-Sat & Clearway 7-9am Mon-Fri (Tow Away)’ spaces along
Cotham Road, and
3 x ‘2P 8am-6pm Mon-Fri’ spaces along Gellibrand Street.
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City of Boroondara
56 Cotham Road
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Adjacent to the southern and western boundaries, the existing building setbacks do not
comply with Standard B17 of Rescode. The Applicant has prepared digital images that
depict the areas of encroachment, below.
Above: The existing building interface with the front yard of No. 37 Gellibrand
Street. The lower image shows two (2) areas of the existing building that don’t
comply with Standard B17 of Rescode.
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Above: The existing building interface with the rear yard of No. 37 Gellibrand
Street. The lower image shows two (2) areas of the existing building that don’t
comply with Standard B17 of Rescode.
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Above: The existing building interface with the rear yard of No. 26 Queen Street.
The lower image shows a large section of the existing building that doesn’t
comply with Standard B17.
Appendix C reproduces the images in full and provides comparative images that depict
the proposed development and any non-compliances with Standard B17.
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THE SURROUNDING AREA
Above: Melways extract showing the subject site and surrounding area
Above: August 2014 aerial photo of the subject site and surrounding area
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The Metropolitan Melbourne Structure Plan within Plan Melbourne (Map 8 and Map 33)
identifies Kew Junction Shopping Centre as an existing activity centre. Plan Melbourne
states that “all former principal and major activity centres are now to be referred to as
activity centres… Activity centres have different attributes and provide different
functions and together as a network they help enable 20-minute neighbourhoods.”
Kew Junction is the activity centre located at the junction of six separate roads: High
Street, Studley Park Road, Princess Street, Denmark Street and Cotham Road in Kew.
The centre is made up of retail, commercial and community uses, and the surrounding
residential areas, which also include a variety of educational or community land uses.
The wider area is comprised of mostly residential neighbourhoods.
Surrounding road network
Cotham Road functions as a primary arterial road under the control of VicRoads and is
subject to a 60km/h speed limit in the vicinity of the site. The road is aligned in an eastwest direction and has a carriageway width of 14m within a 20m wide road reserve, with
two (2) lanes in each direction. Tram services operate along the centre lanes in both
directions. Kerbside parking is marked and permitted, subject to short-term time
restrictions, on both sides of the road. Along the southern side of the road, “clearway”
restrictions apply between 7am - 9am, Monday to Friday.
Marked bicycle lanes are provided on both sides of Cotham Road. Public seating is
provided on the footpath at the site frontage on Cotham Road.
The applicant’s Traffic Engineering report indicates that Cotham Road carries
approximately 12,000 vehicles per day.
Above: Cotham Road, looking west, taken in the vicinity of the subject site.
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Gellibrand Street abuts the eastern boundary of the site. Gellibrand Street functions as
a local road, controlled by Council, and is aligned in a north-south direction. It is a twoway road configured with one lane in each direction and has a carriageway width of
9.35m within an 18m wide road reserve. In the vicinity of the subject site, kerbside
parallel car parking is permitted, subject to time restrictions1. The applicant's Traffic
Engineering report indicates that Gellibrand Street carries an average of 1411 vehicles
per day.
A street tree is located within the Gellibrand Street footpath, adjacent to the site.
Above: The existing street tree within Gellibrand Street
Within the adjacent activity centre, development is varied, reflective of the variety of
eras of construction. To the east and north-east, the commercially-zoned properties are
affected by the Heritage Overlay (HO520 - Kew Junction Commercial Heritage
Precinct). Other nearby properties, diagonally across from the site, are affected by
individually listed Heritage Overlays. The Statement of Significance for HO520 is as
follows2:
“The Kew Junction Commercial Heritage Precinct, is an area of
historical, social and architectural heritage significance for the
following reasons:
1
2PrestrictionsapplydirectlyabuttingthesubjectsiteandalongtheeasternsideofGellibrandStreet,between
8amͲ6pm,MͲF.Residentpermitzoneparkingrestrictionsapplyalongthewesternsideofthestreetbetween8am
Ͳ6pm,MͲFand8amͲ1pmonSaturdays.
2
ThesubjectsiteisnotaffectedbytheHeritageOverlay,sotheHeritagePolicyisnotapplicabletotheassessment
ofthisapplication.TheStatementofSignificancehasbeenreproducedonlytoassistinprovidinganunderstanding
ofthesiting,scaleandcharacterofnearbybuiltform.
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x
x
x
x
x
The Precinct has a predominantly retail and commercial built
form character, with the majority of contributory buildings, as
well as some individually significant buildings dating from the
Victorian and interwar eras, with some more limited Federation
and post-WWII development.
Focal points within the Precinct include the fiveways junction
and the (former) public buildings group (post office, police
station and court house) on the landmark triangular site at the
junction of High Street and Cotham Road.
Significant and contributory buildings are principally two-storey
terraces, with ground floor shopfronts (many of which are not
original); parapeted first floors which display an overall high
level of intactness; and zero setbacks to the main street
frontages. There are also some single storey and larger
commercial buildings, some of which have strong corner
presentations. Historically and socially the Precinct has been a
commercial centre and a civic and social focus for residents of
Kew since the mid-nineteenth century, attracting many
prominent public and commercial buildings as well as
numerous local businesses.
The precinct demonstrates several of the principal
characteristics of historic retail strips/shopping centres in inner
and middle-ring suburbs of Melbourne. These include the
comparatively high level of intact and parapeted first floor
façades; the generally linear nature of the precinct whereby the
valued built form presents as a ‘wall’ of building frontages; and
the concentration of architectural detailing in the streetscape
facades.
Architecturally, the Precinct retains many comparatively intact
buildings constructed in the second half of the nineteenth
century through to the first half of the twentieth century,
including through to the immediate post-WWII period, some of
which are architecturally distinguished. Architectural styles
evident in the precinct include Italianate and Renaissance
Revival, Commercial Gothic, Queen Anne, Baroque influenced
buildings of the early twentieth century, and a rich collection of
interwar buildings displaying Art Deco characteristics.”
Features of adjoining land and properties nearby are as follows:
North:
Directly opposite the subject site, on the northern side of Cotham Road, is a 4-storey
contemporary office building, located at No. 17-27 Cotham Road. This property is not
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affected by the Heritage Overlay. The building is comprised of rendered concrete with
horizontal bands of reflective glazing.
Above: No. 17-27 Cotham Road, directly opposite the site
The building has a staggered “waterfall” setback to Cotham Road, with a lawn area
forward of the building that supports five (5) large canopy trees, each approximately
12m high. Basement car parking is provided, in addition to five (5) at-grade visitor car
spaces located at the rear of the site. All of the on-site parking is accessed via a vehicle
crossing from Cotham Road. The building has a maximum height of 18.45m (based on
the endorsed Planning Permit drawings, dated 21 December 1984, Planning Permit No.
1686, issued by the City of Kew).
South:
Above: No. 37 Gellibrand Street, abutting the southern boundary of the site
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Abutting the southern boundary of the site, at No. 37 Gellibrand Street, is a double
storey rendered dwelling with a hip and gable roof form. Vehicle access and a driveway
is located along the common boundary, leading to a carport and garage that are each
constructed abutting the common boundary. The property shares a double crossover to
Gellibrand Street with the loading bay on the subject site.
Excluding the carport and garage that are constructed to the boundary, the dwelling is
set back between 3.5m - 7.5m from the subject site. The dwelling contains north-facing
habitable room windows with an outlook towards the subject site. These windows are
limited to that part of the dwelling that is setback 7.5m from the side boundary.
The fencing along the common boundary consists of a 2.1m high timber paling fence for
that section of the boundary between Gellibrand Street and the carport and a 3.4m high
timber paling fence between the rear of the carport and the garage.
The dwelling is setback approximately 6.5m from Gellibrand Street (the eastern
boundary).
Further south, Gellibrand Street generally consists of single and double storey detached
dwellings. The built form within the street is comprised of varied building materials and
roof forms, set behind low to medium height front fences and modestly landscaped front
gardens. Front setbacks vary between 5m - 9m.
East:
To the east of the site, on the opposite side of Gellibrand Street, is Alexandra Gardens,
at No. 70-80 Cotham Road. The park is affected by Heritage Overlay HO523 (Alexandra
Gardens) and has a grading of “significant”.
Above: Alexandra Gardens, viewed from the corner of Cotham Road and
Gellibrand Street
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Kew Library is located at the eastern end of the park, accessed via and entrance off
Civic Drive. That part of the land containing the library is not affected by the Heritage
Overlay.
West:
The western boundary of the site shares an abuttal with two (2) properties. One is
commercial (No. 52 Cotham Road) and the other is residential (No. 26 Queen Street).
Above: (L-R) Nos. 52, 50, 48 and 46 Cotham Road, to the west of the site
The commercial properties to the east of the subject site, including those at Nos. 48 - 52
Cotham Road, are affected by HO520. All of the commercial properties along Cotham
Road, between Queen Street and the subject site, have a grading of “contributory” and
generally consist of modest single storey Inter-war shop fronts with canopies that
overhang the footpath.
Above: No. 26 Queen Street
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No. 26 Queen Street is occupied by a single storey weatherboard dwelling. The rear of
the property shares an abuttal with the western boundary of the subject site. An out
building is located within the rear secluded private open space, abutting the common
boundary. The dwelling is set back approximately 6.7m from the subject site and has
habitable room windows with an outlook towards the site.
Further west, commercial properties have a frontage to Cotham Road to the intersection
with High Street.
RESTRICTIVE COVENANT/AGREEMENTS
No covenant or restriction has been registered on the Certificate of Title for this
property.
ABORIGINAL CULTURAL HERITAGE
Is the site within an area of Aboriginal cultural heritage sensitivity?
Is a Cultural Heritage Management Plan required?
No
No
PERMIT/SITE HISTORY
Details of previous applications are as follows:
Application
No.
61/25134
62/00173
Kew/67/47173
Kew/74/00603
Date of Decision
Decision
Description of Proposal
18 February 1961
13 July 1962
11 July 1967
12 March 1974
Building Permit
Building Permit
Planning Permit
Planning Permit
Kew/76/00782
Kew/76/00795
77/00085
Kew/77/00886
Kew/88/00067
Kew/88/00071
29 September 1976
6 April 1977
20 June 1977
23 November 1977
6 June 1988
1 July 1988
Planning Permit
Planning Permit
Building Permit
Planning Permit
Planning Permit
Planning Permit
PP07/00879
20 November 2007
Planning Permit
Petrol filling station
Service Station
Extensions to petrol filling station
Alterations to existing service
station
Retail showrooms
Retail showrooms
Showroom
Pylon type illuminated sign
Conversion of showroom to shop
Two (2) illuminated advertising
signs
Display internally illuminated and
non-illuminated business
identification signage in
accordance with the endorsed
plans.
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As a desktop analysis of Council’s records indicates the land was previously used for a
petrol station or service station, it is considered that the land is at a high risk for
containing contaminants. Therefore, it is recommended that any permit that issues
which allows dwellings on the land should include permit conditions relating to “land
suitable for a sensitive use”.
NOTICE OF APPLICATION
Pursuant to Section 52 of the Planning & Environment Act 1987, the application was
advertised by:
x
x
x
Sending notices to the owners and occupiers of adjoining land;
Sending notices to the Kew Junction Business Association and VicRoads; and
Placing two (2) signs on the land for a period of not less than 14 days.
A total of 15 objections have been received to the proposal. The grounds of objection
are summarised as follows:
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
Overshadowing of heritage-listed Alexandra Gardens;
Overshadowing of the rear yards of houses within Gellibrand Street;
Unreasonable visual bulk to adjacent dwellings and Alexandra Gardens;
Insufficient parking for the dwellings;
The building height and number of dwelling should be reduced;
A commercial high-rise development on the corner of Gellibrand Street will set a
precedent for unsuitable development in the street;
Loading facilities should be provided on-site;
VicRoads have made a written submission advising that they require the canopy
above the Cotham Road footpath to have a minimum 3m vertical clearance above
the footpath and a minimum setback of 0.75m from the kerbline and street poles
and must not form part of the permanent structure of the building;
The building height is out of character with the area;
The setbacks from the southern boundary should be amended to comply with
Rescode Standard B17;
Noise from people using the balconies, plant, air conditioners, intercoms, etc will
affect the amenity of No. 37 Gellibrand St;
Will exacerbate existing traffic congestion within Gellibrand Street;
The location of the vehicle accessway is too close to the intersection with Cotham
Road and will be unsafe;
The building does not allow a sufficient eastern boundary setback to provide for the
establishment of a defined podium/street wall when viewed from the north, so will
overwhelm the park edge;
The upper level of the development may not be visible from footpath level on the
opposite side of Cotham Road, but it would be visible from the upper floors of the
office building at 17-27 Cotham Road;
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x
x
x
The glass curtain wall at Levels 4 - 6 will be highly reflective and cast unreasonable
glare to the properties on the northern side of Cotham Road;
All visitor parking should be located within the Lower Ground Level car park, instead
of in the Basement levels;
Six (6) dwellings have bedrooms which rely on borrowed light (being Dwellings
1.01, 1.02, 1.05, 2.01, 2.02 and 2.05) and will not have adequate internal amenity.
INTERNAL REFERRALS
The application has been referred to the following internal departments of Council for
comment:
Urban Designer
The following comments were received from Council’s Urban Designer:
“The subject site occupies the west corner of the T-intersection of Cotham Road and
Gellibrand Street. It falls within Precinct 2 of the Kew junction Activity Centre with an
overall height of 19 metres (sloping site) applying to the site and adjoining neighbours.
A street wall height of 11 metres is applicable to the site too, followed by a 5m setback.
The proposal seeks support for a seven-storey building with a lower ground floor level
and two basement levels. The proposal has some positive aspects, in particular the
commercial tenancies within the ground floor level including the corner café, which will
engage with and activate the public realm. The corner café and the main entry foyer to
the apartments will activate the interface with Gellibrand Street. Further details are
required of the pedestrian entry foyer to Gellibrand Street, to ensure the entry foyer is
finished with high quality materials and does not create seclusion spaces due to its
sunken and recessed position. Details of integrated lighting within the entry foyer should
be provided and the location of the entry in the eastern elevation should be
emphasised.
The proposal exceeds the 19m height limit prescribed. Despite the stepped profile from
the south and southwest, which aims primarily to address the sensitive interface with
the adjoining residential properties, the building form will have a strong visual presence
and bulk when viewed from these properties. It is recommended that the top floor of the
building be deleted, to achieve full compliance with the DDO height limits. Along the
south and west elevation, the built form will partially exceed the ResCode envelope.
However it is noted that the intrusions into the ResCode setback are confined to areas
where the existing building currently intrudes into the ResCode setback. As the
intrusions are virtually the same, or less in some instances, the mass of the
development is acceptable. The development will cause less overshadowing of the
neighbouring dwellings than the existing building, which is a positive outcome.
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The internal amenity of the dwellings is acceptable. None of the apartments have rooms
that rely on ‘borrowed light’. Most dwellings have their primary outlook to the north or
east (Cotham Road and Gellibrand Street). For those dwellings that have their primary
outlook to the west, they are setback sufficiently from the western boundary that their
amenity will not be unreasonably compromised in the event of the property at No. 48
Cotham Road being redeveloped in the future. Of the dwellings with bedrooms that
receive daylight via internal light courts, it is noted that these are all 3-bedroom
dwellings and it is the third bedroom that rely on the light court for natural light and
ventilation. For this reason, the layout is acceptable.
Overall, the contemporary architectural expression is appropriate for the context. The
building form incorporates a degree of visual interest and complexity, especially for the
podium mass where the strongly expressed balconies add visual depth and richness.
In terms of building materials and finishes, the palette appears to include high quality
finishes but the application of these finishes is not clear in the elevations and 3D
perspectives. Further, the feature timber cladding should be of a darker reddishbrownish stained finish to add vibrancy and provide references to the brick finish in the
area. Applying the stained timber finish to the soffits and sidewalls of balconies along
with stone cladding will enhance the building form, add warmth and vibrancy. Adding
stone cladding to the ground floor level facades, where practical, should add visual
interest and richness at street level too.”
Planner’s comments:
The advice of Council’s Urban Designer is noted. To address the outstanding matters
raised by the Urban Designers, it is recommended that the following permit conditions
be included:
x
x
x
x
The deletion of the top floor and further reduction in the height of the building to a
maximum of 19.0m;
Further details of the pedestrian entry foyer to Gellibrand Street, to ensure the entry
foyer is finished with high quality materials and does not create seclusion spaces.
Details of integrated lighting within the entry foyer are required and the location of
the entry in the eastern elevation should be emphasised in the streetscape;
The materials and finishes schedule revised to change the colour of the feature
timber cladding to a darker reddish-brown stain, with the timber also added to the
soffits and sidewalls of the balconies;
The stone cladding to be applied to the ground floor level facades, where practical.
Traffic Engineering
The following comments were received from Council’s Traffic Engineers:
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“I refer to the current planning application at 56 Cotham Road, Kew (PP14/01076) to
construct a seven-storey mixed-use building incorporating 30 residential dwellings (4 x
one-bedroom dwellings, 12 x two-bedroom dwellings, 13 x three-bedroom dwellings and
1 x four-bedroom dwelling) 226 sq.m of café use over two tenancies and 266 sq.m of
retail use over four tenancies. The building is serviced by a three-level basement car
park, incorporating 57 parking spaces accessed via a 6.4m width two-way ramped
access to Gellibrand Street.
On review of the submitted plans dated 15 August 2014 and associated development
information including a traffic and transport assessment submitted by Traffix Group,
dated August 2014 and subsequent traffic survey data for Gellibrand Street dated
November 2014, I provide the following feedback:
x
x
x
x
x
There is a statutory requirement to provide a total of 66 on-site parking spaces,
including 44 x resident spaces, 6 x visitor parking spaces, 9 x retail spaces and 7 x
food and drink (café) spaces in accordance with Clause 52.06 of the Boroondara
Planning Scheme.
The proposed on-site car parking provision of 57 on-site spaces, incorporating 47 x
resident spaces, 4 x visitor parking spaces, 4 x retail spaces and 2 x food and drink
(café) spaces is not in accordance with Clause 52.06. The total numeric on-site
shortfall is 9 parking spaces. However, given it is specified by the applicant to
provide an oversupply of spaces to residents (+3 spaces), the development has a
total shortfall of 12 spaces, including 2 x visitor spaces, 5 x retail spaces and 5 x
food and drink (café) spaces. Tandem spaces must be allocated to the same
dwelling.
Given the surplus allocation of resident spaces, two of these additional spaces
should be reallocated as visitor spaces, thereby satisfying the statutory parking
requirement for visitors. The provision of one staff space per retail/café tenancy is
considered appropriate in this instance, with all customer demands to be
accommodated within on-street and off-street parking availabilities in the vicinity of
the site. A review of the submitted parking demand data in the vicinity of the site
indicates that typically parking demands were moderate to high throughout a typical
day. However, it is noted that there was publically available parking along nonresidential frontages and particularly within nearby off-street car parks (Fenton
Avenue) which indicated that the proposed on-site shortfall in customer parking may
be accommodated.
It should be noted that given the site is within a retail precinct and activity centre, it
is reasonable that some patronage at the shops or café may form part of a shared
trip. Furthermore, a review of the existing building on-site indicates that it may
generate potentially higher existing parking demands than is currently proposed.
Accordingly, the parking demands associated with the proposed development may
result in an improvement in on-street parking available in the vicinity.
There is a statutory requirement to provide 10 on-site bicycle parking spaces,
including 6 x resident spaces, 3 x customer spaces and 1 staff space. It is noted
that 12 spaces are provided within a secure area on the ground floor car park,
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x
x
x
x
x
x
x
x
which exceeds this requirement. However, it is recommended that three spaces be
provided outside the secure area to accommodate the customer requirement.
The at-grade and basement parking spaces (including standard spaces, tandem
spaces and disabled space) and aisle widths within the car park levels are generally
designed in accordance with Clause 52.06 and/or AS/NZS2890.6-2009.
Blind aisle extensions of 1m have not been provided in accordance with
AS/NZS2890.1-2004. Whilst it is noted that these spaces are wider than standard
spaces and the aisle width is in excess of the requirement, swept path analysis
should be provided to demonstrate access to/from all critical spaces.
The minimum clear headroom at the entry to and within both the proposed
basement exceeds 2.2m and is in accordance with Clause 52.06-8.
The proposed 6.4m wide two-way accessway to the basement car park is in
accordance with Clause 52.06.
Ramp grades for each of the proposed accessways are designed in accordance
with Clause 52.06.
A pedestrian sight triangle of 2.5m (measured along the driveway edge) by 2.0m
(measured along the site boundary) has been provided on the northern side of the
site access point only to provide adequate sight lines to any pedestrians or vehicles
exiting adjacent properties in accordance with Clause 52.06m. It is noted that any
obstruction to visibility within these areas must be made at least 50% permeable or
at a height no greater than 900mm. Given the width of the proposed access, there
is sufficient provision for pedestrian sight distance to the south of the access as
well. Accordingly, this is considered acceptable.
It is understood that waste collection is to be undertaken by private contractor, as
per the submitted Waste Management Plan, with waste collection being undertaken
via the kerbside along the Gellibrand Street site frontage. Accordingly this is
considered acceptable.
Based on previous historical traffic generation rates and consistent with the rates
adopted by Traffix Group, it is considered that each dwelling would likely generate
approximately 6 vehicle movements per dwelling per day, with the retail/café staff
spaces generating 4 vehicle movements per dwelling per day. Application of these
rates to the proposed development would equate to a total of 204 vehicle
movements per day and up to 20 movements per peak hour. Traffic volume data
submitted indicates that Gellibrand Street currently experiences daily traffic volumes
of 1,411 vehicles per day. Given that the proposed development is anticipated to
generate 204 daily vehicle movements, it is considered that this additional traffic
may suitably be accommodated, given the design threshold (2,000-2,500 vehicles
per day) for a road of this type. Accordingly, the anticipated additional traffic
generation from the proposed development will not unduly impact on Gellibrand
Street or the surrounding road network.”
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The advice of Council’s Traffic Engineers is noted. To address the outstanding matters
raised by the Engineers, it is recommended that the following permit conditions be
included:
x
x
x
x
The allocation of car parking to be changed from 47 resident spaces and 4 visitor
spaces, to 45 resident spaces and 6 visitor spaces, so that no dispensation is
granted for car parking associated with dwelling visitors.
Three (3) of the 12 bicycle parking spaces to be moved so that they are located
outside of the secure section of the basement car park and can be accessed by
visitors/customers.
Swept path analysis of the end of aisle car spaces, or further modifications to the
layout of the car park to ensure that the layout of the car park is safe and
convenient.
A notation that any obstructions located within the pedestrian sightline triangle to
the north of the vehicle accessway must be at least 50% permeable and not greater
than 900mm high.
Waste Management Coordinator
The following comments were received from Council’s Coordinator of Waste
Management:
“The Waste Management Plan is satisfactory for collections by a private waste
contractor.”
The advice of Council’s Waste Management Coordinator is noted. The recommended
permit conditions include a requirement for a Waste Management Plan, generally in
accordance with the Plan submitted with the application (Waste Management Plan,
dated 21 August 2014, prepared by Leigh Design Pty Ltd) to be prepared and
implemented to Council’s satisfaction.
EXTERNAL REFERRALS
There are no statutory referral authorities for this application.
GOVERNANCE ISSUES
The implications of this report have been assessed and are not considered likely to
breach or infringe upon the human rights contained in the Victorian Charter of Human
Rights and Responsibilities Act 2006.
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The officers responsible for this report have no direct or indirect interests requiring
disclosure.
CONSIDERATIONS
In assessing this application, consideration has been given to the following:
x
x
x
x
The objectives of planning in Victoria as detailed in Section 4 of the Planning &
Environment Act 1987;
Section 60 of the Planning & Environment Act 1987;
The relevant provisions and decision guidelines of the Boroondara Planning
Scheme including the decision guidelines of Clause 65;
The objections received.
This proposal does not raise any significant adverse social or economic impacts.
General social and economic impacts are addressed by the planning policy assessment
below.
PLANNING SCHEME AMENDMENT C138 - KEW JUNCTION STRUCTURE PLAN
The subject site is included within the study area for the Kew Junction Structure Plan.
The Structure Plan sets out guidelines for built form, height, land use, character,
heritage, traffic, parking and access. The Structure Plan was adopted by Council in
November 2009 and updated in December 2011.
Planning Scheme Amendment C138 proposes to implement the Kew Junction Structure
Plan by introducing a new local policy and a new schedule to the Design and
Development Overlay (DDO14) into the Boroondara Planning Scheme.
Amendment C138 was placed on public exhibition in July and August 2012 and a
number of submissions were received. Officers’ responses to the submissions were
reported to the UPSC on 2 December 2013. At this meeting, the Committee resolved to
refer all submissions to an independent panel for consideration. The Committee also
adopted a number of changes to Amendment C138, which then formed the basis of
Council’s position at the Panel Hearing held in March and April 2014.
Council received a copy of the Panel report on 14 May 2014. The key recommendation
of the Panel is that they recommended discretionary, rather than mandatory, maximum
building heights.
Map 1 (Kew Junction Activity Centre and Precincts) of DDO14 (as adopted and sent to
the Minister for Planning for approval) identifies the subject site as being located within
Precinct 2a: Retail and Activity Core. Within Precinct 2a, the DDO mandates maximum
building height controls of 18m (limited exemptions apply), with a mandatory maximum
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street wall height of 11m. Built form above 11m in height is preferred to be setback a
minimum of 5m behind the street wall. Within this Precinct, Map 1 identifies that it is
preferred that built form abutting Cotham Road and Gellibrand Street be built to the
street edge (i.e. 0m front setback).
Above: Map 1 of DDO14: Kew Junction Activity Centre and Precincts
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Following the UPSC meeting on 7 July 2014, the Amendment was presented to an
Ordinary Meeting of Council, at which the Council resolved to adopt Amendment C138
and submit it to the Minister for Planning for approval. Council has not accepted the
Panel’s recommendation that maximum building heights be discretionary, rather than
mandatory. The Amendment, including mandatory maximum building heights within the
DDO control, was sent to the Minister for approval on 7 August 2014. Having reached
this stage, the Amendment has attained the status of being “seriously entertained” and
must be considered by Council (and the Tribunal, in the event of a review).
An assessment of the application against the requirements of DDO14 and the Kew
Junction Activity Centre Land Use policy are undertaken later in this report.
BOROONDARA PLANNING SCHEME
ZONING & OVERLAYS
Appendix D - Zoning Map
Commercial 1 Zone
Use of the land
Pursuant to Clause 34.01-1 (Table of Uses), “Accommodation” is a Section 1 use
subject to the condition that "any frontage at ground floor level must not exceed 2
metres (other than a bed and breakfast and caretaker's house)." The residential lobby
facing Gellibrand Street is 5.0m wide. At Clause 75.01 "dwelling" is nested under
"accommodation". Therefore, planning permission is required to use the land for
dwellings as the Section 1 condition is not met.
Pursuant to Clause 34.01-1 “shop” is a Section 1 use subject to the condition that “the
leasable floor area for all shops must not exceed any amount specified in the schedule
to this zone.” The schedule to the zone does not specify any maximum amount of
leasable floor area. Therefore, planning permission is not required to use the land for
shops as the Section 1 condition is met.
Pursuant to Clause 34.01-1 “Retail premises (other than shop)” is a Section 1 use that
does not require planning permission. At Clause 75.11, “Food and drink premises” is
nested under “retail premises”. Therefore, planning permission is not required to use the
land for a “food and drink premises/café”.
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Buildings and works
Pursuant to Clause 34.01-4, planning permission is required to construct a building
or construct or carry out works, including an awning that projects over a road if it is
not authorised by the relevant public land manager.
All buildings and works must be maintained in good order and appearance to the
satisfaction of the responsible authority.
Pursuant to Clause 34.01-7, in this instance, there is no exemption from the notice and
review requirements of the Planning and Environment Act for the proposed buildings
and works as they are located within 30m of land (not a road) within a residential zone.
Road Zone
Pursuant to Clause 36.04-2, planning permission is required to construct a building or
construct or carry out works for a use in Section 2 of Clause 36.04-1. All of the uses
proposed within this development are in Section 2 of Clause 36.04-1. Therefore, the
proposed awning that projects into the Cotham Road road reserve requires
planning permission.
Parking Overlay - Schedule 1
Pursuant to Clause 45.09-1, the Parking Overlay operates in conjunction with Clause
52.06. A schedule to the Parking Overlay may:
x
Vary the requirements of Clause 52.06 as allowed by this overlay.
Schedule 1 to the Parking Overlay has the following objective:
x
To identify appropriate car parking rates for land uses in various activity centres
throughout the municipality.
The table at Section 2.0 of Schedule 1 to the Parking Overlay includes the following car
parking rates for Dwellings and Offices:
Use
Dwelling
Rate
1
2
1
Office
3.5
Measure
To each one or two bedroom dwelling, plus;
To each three or more bedroom dwelling (with studies or studios
that are separate rooms counted as a bedroom), plus;
For visitors to every 5 dwellings for developments of 5 or more
dwellings.
To each 100sqm of net floor area
The proposed provision of car parking is assessed later in this report.
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PARTICULAR PROVISIONS
Clause 52.06 - Car Parking
Pursuant to Clause 52.06-1, the Car Parking Particular Provision applies to “a new use
or an increase in the floor area or site area of an existing use.”
The shops are an existing uses that are proposed to be retained (albeit in a modified
form) as part of the redevelopment. It is not proposed to increase the floor area of this
existing use (in fact, it is proposed to reduce the floor area of the shops from 1,450sqm
to 266sqm). Therefore, the requirements of Clause 52.06 do not apply to the shops.
Pursuant to Clause 52.06-2, before:
x
x
x
A new use commences; or
The floor area or site area of an existing use is increased; or
An existing use is increased by the measure specified in Column C of Table 1 in
Clause 52.06-5 for that use,
the number of car parking spaces required under Clause 52.06-5 or in a schedule to the
Parking Overlay must be provided to the satisfaction of the Responsible Authority.
Pursuant to Clause 52.06-3, planning permission is required to:
x
Reduce (including reduce to zero) the number of car parking spaces required under
Clause 52.06-5 or in a schedule to the Parking Overlay.
Pursuant to Clause 52.06-4, this application to reduce the car parking requirements is
not exempt from the notice or review requirements of the Act, as the application is also
made under other provisions of the planning scheme where no such exemptions apply.
Pursuant to Clause 52.06-5, applying the Column A rates:
x
x
Use of the land for 4 x 1-bedroom dwellings, 12 x 2-bedroom dwellings, 13 x 3bedroom dwellings and 1 x 4-bedroom dwelling equates to a requirement for 44
resident car spaces. It is proposed to provide 47 resident car spaces. Therefore,
planning permission is not required.
Use of the land for 30 dwellings equates to a requirement for 6 dwelling visitor car
spaces. It is proposed to provide 4 visitor spaces. Therefore, planning permission
is required for dispensation of 2 dwelling visitor spaces.
Pursuant to Clause 52.06-5, applying the Column B rates:
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x
Use of the land for food and drink premises (cafés) with total leasable floor area of
226sqm equates to a requirement for 7 café car spaces (3.5/100 x 226 = 7). It is
proposed to provide 2 car spaces for the cafés (1 each). Therefore, planning
permission is required for dispensation of 5 café spaces.
If planning permission were required under this clause for the shops, it is noted that
shops with a total leasable floor area of 266sqm would equate to a requirement for 9 car
spaces (3.5/100 x 266 = 9). It is proposed to provide 4 on-site car spaces for the shops
(1 each).
Table 2, below, summarises the requirements of Clause 52.06-5.
Table 2: Clause 52.06-5 - Analysis of statutory car parking demand
Use
No. / Floor area
Requirement Allocated Dispensation
4 x1-bedroom
4
473
Dwelling
0 (surplus of 3)
12 x 2-bedroom
12
13 x 3-bedroom
26
1 x 4-bedroom
2
30 x Dwelling
6
4
2
visitors
2
Food & Drink 3.5/100 x 226sqm 7
5
(café)
N/A
4
Shop
0 (surplus of 4)
TOTAL
57
57
7 (the surplus does
not offset the
dispensation sought)
The proposed provision of car parking is assessed later in this report.
Clause 52.07 - Loading and unloading of vehicles
Pursuant to Clause 52.07, no building 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. A permit may be granted to reduce or waive the
requirements of Clause 52.07.
No on-site loading facilities are proposed for the shops or cafe, therefore planning
permission is required.
3
Residentcarspaceswouldbeallocatedasfollows:Aminimumof1spaceper1Ͳbedroomor2Ͳbedroomdwelling,
aminimumof2carspacesper3ormorebedroomdwelling.Tandempairsofcarspacesaretobeallocatedtothe
samedwelling.Thethree(3)excesscarspacesabovetheseminimumsareproposedtobeallocatedasadditional
residentparkingtoindividualdwellings.
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Clause 52.29 - Land adjacent to a Road Zone, Category 1, or a Public Acquisition
Overlay for a Category 1 Road
Pursuant to Clause 52.29, planning permission is required to create or alter access to a
road in a Road Zone, Category 1.
It is not proposed to create or alter vehicle access to Cotham Road.
Clause 52.34 - Bicycle facilities
Pursuant to Clause 52.34-1, a new use must not commence or the floor area of an
existing use must not be increased until the required bicycle facilities and associated
signage has been provided on the land.
Where the floor area occupied by an existing use is increased, the requirement for
bicycle facilities only applies to the increased floor area of the use.
As it is proposed to decrease the floor area of the existing shops, the requirements of
Clause 52.34 does not apply to this use.
Pursuant to Clause 52.34-2, a permit may be granted to vary, reduce or waive any
requirement of Clause 52.34-3 and Clause 52.34-3.
An application under the Bicycle Facilities Particular Provision 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.
Pursuant to Clause 52.34-3, the rates within Table 1 are as follows:
x
x
x
x
1 resident bicycle space to each 5 dwellings;
1 residential visitor bicycle space to each 10 dwellings;
1 retail premises (cafe) employee bicycle space to each 300sqm of leasable floor
area;
1 retail premises (cafe) customer bicycle space to each 500sqm of leasable floor
area.
Table 3, below, summarises the requirements of Clause 52.34-3.
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Table 3: Clause 52.34-3 - Analysis of bicycle parking demand
Use
Clause 52.34 required Proposed Reduction sought
12
0 (surplus of 2)
Dwelling residents 6
3
Dwelling visitors
1
Café employees
0
Café customers
TOTAL
10
12
0 (surplus of 2)
Table 3 demonstrates that planning permission is not required, pursuant to Clause
52.34. Council’s Traffic Engineers have recommended that the location of visitor bicycle
facilities be moved to a location within the basement that doesn’t require access into the
secure (i.e. locked) area. This is addressed in the recommended permit conditions.
Table 2 of Clause 52.34-3 requires that if five (5) or more employee bicycle spaces are
required, one (1) shower for the first five (5) employee bicycle spaces, plus one (1) to
each 10 employee bicycle spaces thereafter should be provided.
Table 3 of Clause 52.34-3 requires the provision of one (1) change room or direct
access to a communal change room, to each shower. The change room may be a
combined shower and change room.
As only one (1) employee bicycle space is required, there is no requirement for
employee showers or change rooms in this instance.
Pursuant to Clause 52.34-5, if bicycle facilities are required, bicycle signage that directs
the cyclists to the bicycle facilities must be provided to the satisfaction of the
responsible authority.
Bicycle signage should:
x
x
x
Be at least 0.3 metres wide and 0.45 metres high.
Display a white bicycle on a blue background on the top half of the sign.
Display information about the direction of facilities on the bottom half of the sign.
A condition has been included requiring the provision of bicycle signage in accordance
with Clause 52.34-5.
OFFICER ASSESSMENT
STATE PLANNING POLICY FRAMEWORK
The following State policies are relevant to the assessment of the current application:
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x
x
x
x
x
x
x
x
x
x
x
x
Consolidate commercial facilities in existing (or planned) activity centres (Clauses
11 and 17);
Increasing housing yield in activity centres suited to forms of higher density housing
(Clauses 11 and 16);
Produce high standards in architecture and urban design, with outcomes that are
respectful of neighbourhood character and cultural identity (Clause 15);
Encourage a mix of uses and the design of buildings to contribute to safety and
perceptions of safety (Clause 15.01-4);
Ensure the conservation of places of heritage significance (Clause 15.03-1);
Promote water and energy efficiencies through good design (Clause 15);
Maintain and expand housing choices consistent with the changing face of
Melbourne’s households and the demands of a rapidly growing population (Clause
16);
Locate housing in areas that are well suited with community infrastructure (Clause
16);
Deliver more affordable housing closer to jobs, transport and services (Clause 16);
Encourage developments which meet community’s need for retail, entertainment,
office and other commercial services and provide net community benefit in relation
to accessibility, efficient infrastructure use and the aggregation and sustainability of
commercial facilities. Preference is to be given to locations within or on the border
of activity centres (Clause 17);
Integrate planning for cycling with land use and development and encourage as
alternative modes of travel (Clause 18.02-2); and
Ensure an adequate supply of car parking that is appropriately designed and
located and to protect the amenity of residential precincts from the effects of road
congestion created by on-street parking (Clause 18.02-5).
The subject site has convenient access to community facilities and public transport as
follows:
x
Tram services along Cotham Road, High Street and Glenferrie Road, Kew Library,
Kew Recreation Centre, Alexandra Gardens, Kew Primary School, Trinity Grammar
School, Xavier College and a full range of community and commercial services,
shopping, dining and entertainment facilities within the Kew Junction Activity Centre.
The proposal is considered to be consistent with the broad urban consolidation,
objectives outlined in the relevant clauses of the State Planning Policy Framework. The
site offers an appropriate location for higher density residential development and has
good access to public transport. Development outcomes on the land are tempered by
the low-scale residential area to the south and the preferred character of the area as
envisaged by the adopted Kew Junction Structure Plan. Subject to the recommended
deletion of the top floor of the building, it is considered that the application appropriately
responds to these constraints. Therefore, the proposal is considered to be consistent
with the intent and objectives within the SPPF.
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LOCAL PLANNING POLICY FRAMEWORK
The Local Planning Policy Framework has complementary policies relating to heritage,
residential land use and commercial areas. With respect to the current proposal, they
include:
x
Clause 21.08 that identifies the site as being within the Kew Junction Major Activity
Centre4. Objectives relate to promoting activity centres as a focus of higher density
residential development, locations for high quality residential living and a range of
housing types to accommodate the changing needs of the community,
strengthening and consolidating the role of Kew Junction as a Major Activity Centre,
and reinforcing the built form character and function of activity centres and
enterprise corridors consistent with their position in the activity centre hierarchy.
There are additional policies that are relevant to a decision, such as all relevant decision
guidelines under the applicable Clauses 34.01, provisions such as Clauses 52.06, 52.07
and 52.34 as well as the general decision guidelines at Clause 65.
Clause 22.17 - Kew Junction Activity Centre Policy - Proposed via Amendment
C138
As part of Amendment C138, Council proposes to introduce the Kew Junction Activity
Centre Policy into the Boroondara Planning Scheme. The policy will apply to the Kew
Junction Activity Centre. Map 1 of the policy shows the subject site is located within
Precinct 2: Retail and Activity Core. The Amendment has been adopted by Council and
sent to the Minister for Planning for approval.
The policy outlines the following vision for the Junction:
“Kew Junction will be an attractive and vibrant centre, with a great
range of shops, eating places and community facilities for the many
different people who live, work and visit. It will also grow as a
regional business and employment location, while still serving the
needs of the local community.
A stronger character and image will be created through the design
of its buildings and streets, and the preservation of important
heritage buildings. Many people will choose to access and move
about the centre by foot or take advantage of the well-serviced
public transport options. The streets will have many places to stop
4
Itisnotedthatcentresdescribedas“MajorActivityCentres”byMelbourne2030andMelbourne@5Millionare
describedas“ActivityCentres”byPlanMelbourne.
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and sit or meet other people and as a result, the centre will be lively
during the daytime and into the evening.”
The details of the policy, as outlined in the amendment documentation adopted by
Council and sent to the Minister for Planning for approval, are as follows:
Adopted Clause 22.17-4 Objectives and Strategies
General
Objectives
x To strengthen the role of Kew Junction Activity Centre as a vibrant mixed-use
centre supporting a range of retail and commercial activity.
x To provide a high quality pedestrian environment with improved pedestrian links
and public spaces.
x To improve traffic management and car parking.
Strategies
It is policy to:
Land use and development
x
x
x
x
x
x
x
Encourage the consolidation of smaller sites and the redevelopment of underutilised sites.
Encourage a mix of uses including retail, commercial, residential, community,
health, leisure and other associated uses that respond to the needs of the current
and future local population.
Encourage mixed-use development comprising office or retail at ground level with
active frontages and offices or housing above with underground or internal deck car
parking.
Encourage use of upper levels, including existing shop tops, for offices or housing.
Discourage residential uses from being located at the ground level.
Encourage new residential development in a variety of dwelling sizes to locate
within the Kew Junction Activity Centre.
Encourage developments that increase the supply of affordable housing in the
centre, both within private development and in the form of public or community
housing.
Spaces
x
Retain and improve existing open space and linkages in line with existing Council
policies and strategies.
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x
Encourage the installation of public art that enhances the centre's local identity and
sense of place.
Access
x
x
Support north-south linkages along Princess/Denmark Street through to LE Bray
Reserve and Glenferrie Oval.
Ensure that new developments result in no net loss of overall car parking in the
centre.
Precinct 2: Retail and Activity Core
Within Precinct 2, the following objectives and strategies apply.
Objectives
x
To strengthen the role of Precinct 2 as the core retail focus of the centre and a
vibrant mixed-use environment.
Strategies
It is policy to:
x
Encourage other uses such as office, residential, community or cultural activity that
complement the core retail role of the precinct to be developed on upper levels.
Within Precinct 2, the subject site is located south of High Street. Therefore, the
following strategies apply:
South of High Street:
x
x
x
x
x
Encourage the establishment of a retail or commercial anchor with residential or
office uses on the upper levels around Fenton Way.
Support the establishment of a community centre with health or well-being functions
around Fenton Way.
Encourage pedestrian connections from the south of High Street to the retail areas
north of High Street.
Retain a pedestrian connection from Fenton Way through to Denmark Street.
Support the creation of community uses (such as the new arts facility) that
complement the retail and commercial role of the area based around the former
Kew Court House and Police Station.
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Adopted Clause 22.17-5 Decision Guidelines:
Before deciding on an application, the responsible authority will consider, as
appropriate:
x
x
Whether the proposal makes a positive contribution to the image and character of
the centre and its pedestrian environment.
The impact of the proposal upon local traffic management and car parking.
Planner's assessment:
The proposed mix of uses is consistent with the objectives of this policy. The proposal
does, however, include dwellings located on the ground floor. As the ground-floor
dwellings are located at the rear of the site, they do not displace opportunities to provide
active frontages to Cotham Road or Gellibrand Street, so are acceptable.
The provision of canopies above the Cotham Road and part of the Gellibrand Street
footpaths assists in creating a high quality pedestrian environment. At present, the
canopies are not considered to be deep enough. It is recommended that they be
extended so that they have a setback of 750mm from the face of kerb. A condition is
also recommended to ensure that the clearance between the underside of the canopies
and the footpath level is not less than 3.0m.
The layout of the ground floor uses will assist in creating a high quality pedestrian
environment, with improved access onto the site, compared to the existing “Rivers”
retail tenancy that can only be accessed via steps. The inclusion of multiple pedestrian
entry points into the building with clear glazed facades, along both the Cotham Road
and Gellibrand Street Ground/Lower Ground Level façade, adequately activates both
elevations.
The location of the pedestrian entry, facing Gellibrand Street, ensures the core retail
frontage is not interrupted and creates activity within the side street. Council’s Urban
Designer seeks an enlarged and detailed elevation of the pedestrian entrance, to
ensure that the recessed space will be finished with high quality materials and will not
create any seclusion space, contrary to the requirements of the Safer Design Guidelines
for Victoria. This is addressed in the recommended permit conditions.
The proposal includes accommodation within walking distance of multiple tram services
and supports a mix of day and night-time activities which have potential to increase
activity and safety in the area.
The development does not seek any waivers or reductions of the parking requirements
for the dwelling residents. Subject to the recommended permit conditions, the
development will not seek any waivers or reductions of the parking requirements in
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relation to dwelling visitors. There will not be a net loss of car parking as a result of the
development, with the number of on-site car spaces increasing from 11 to 57.
The development includes a genuine mix of dwelling sizes, ranging between 1-bedroom
to 4-bedrooms. However, it is noted that the recommended deletion of Level 6 reduces
the area of the 4-bedroom dwelling (Dwelling 5.02), so it is unlikely to remain a 4bedroom apartment. Notwithstanding this, the mix of dwelling sizes remains adequate.
The dwellings in the development are not proposed to be public or community housing,
but would be ‘affordable’ relative to the average price for houses within Kew.
Based on the analysis above, it is considered that the proposal satisfies the intent and
objectives of the adopted Kew Junction Major Activity Centre Policy
Schedule 14 to the Design and Development Overlay (DDO14) - Kew Junction
Major Activity Centre - Proposed via Amendment C138
Map 1 of draft DDO14, adopted by Council and sent to the Minister for Planning for
approval, identifies the subject site as being located within Precinct 2: Retail and Activity
Core. Section 2.0 of the Schedule notes that “a permit cannot be granted to exceed the
maximum overall building height as set out in this Schedule”, subject to a number of
exemptions, of which the following apply to the subject site:
x
x
To accommodate roof top services that are designed as architectural roof top
features or hidden from view from any adjoining public space. Roof top services
includes but is not limited to plant rooms, air conditioning, lift overruns, roof top
gardens, decks and communal outdoor spaces and their ancillary facilities.
Where the slope of the natural ground level at any cross section wider than 8
metres of the site of the building is 2.5 degrees or more, in which case the
maximum overall building height may be exceeded by one (1) metre.
Pursuant to the provisions of Section 3.0 of DDO14, the development application cannot
take the benefit of exemptions from the notice and review requirements of the Act, as
the proposed buildings and works are located within 30m of land (not a road) in a
residential zone.
Pursuant to Section 4.0 of the Schedule, the following provisions apply to all precincts
within the activity centre:
Building Design
x
Buildings should be designed to respect the amenity of adjoining residentially zoned
land having regard to matters such as setbacks, overlooking, overshadowing, noise
and/or visual bulk, guided by the objectives and standards of ResCode (Clauses 54
and 55 of the Boroondara Planning Scheme).
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x
x
x
x
x
x
x
x
x
x
x
Development should demonstrate high quality architectural design that enhances
the appearance and amenity of the centre, whilst complementing its existing
character.
Building facades should be articulated through considered composition of their
various design elements. This includes the size and placement of door and window
openings, balconies or awnings and the colour and texture of different materials.
The roof form and building profile of developments should be carefully considered in
terms of its appearance within the streetscape and from distant viewpoints to
ensure that views to the Holy Trinity Church, the War Memorial and the former Kew
Post Office (along High Street) and the Melbourne Chinese Baptist Church (along
Cotham Road) are respected.
The existing horizontal or vertical design rhythms of the streetscape should be
maintained, where these are dominant features, by:
¾
Referencing the established roof or parapet heights of adjoining buildings,
where this is a consistent feature in the streetscape, in the design of a new
facade.
¾
Maintaining the existing 'fine grain' appearance of buildings created by the
narrow shopfronts through vertical articulation in wide building frontages.
Buildings should incorporate Crime Prevention Through Environmental Design
(CPTED) principles and provide active frontages (except where landscape setbacks
are required) to streets, parks, public plazas, car parks and pedestrian spaces to
increase interaction with and passive surveillance of the public realm.
New or refurbished buildings should have regard to the incorporation of Ecologically
Sustainable Design techniques to improve the thermal efficiency of the building and
reduce energy and water consumption such as water efficient fittings and fixtures,
recycling and organic waste disposal, solar hot water systems and local energy
generation.
Development should avoid overshadowing of public spaces and private open
spaces between the hours of 11am to 3pm on 21 March and 22 September.
Development should incorporate lighting to enhance the night time appearance of
the building and add to pedestrian safety.
New residential development should be oriented and designed to avoid and protect
residents from the amenity impacts of nearby businesses - e.g. through the use of
acoustic insulation.
Development should incorporate weather protection for pedestrians in the form of
verandas or awnings.
Building services and equipment such as air-conditioners, stairwells and lift overruns should be located to minimise their visibility and should be integrated into the
design of buildings.
Planner’s assessment:
The building façade is adequately articulated to reflect the fine grain of Cotham Road.
The inclusion of five (5) separate tenancies with door openings onto the street is entirely
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appropriate and an improvement compared to the existing building layout. Within the
northern street wall, vertical elements, comprised of a series of projecting two (2) storey
high bays reinforces the rhythm of the street. Along the eastern elevation, the same
architectural language is used, but the width of the bays is increased, in reference to the
rhythm of properties in Gellibrand Street.
The upper level floors, above the street wall, are largely composed of a glass curtain
wall façade. Part of the eastern elevation is composed of an aluminium horizontal
screen, with light grey coloured spandrel glazing behind, framed by a concrete render
box. Although the rendered box element projects further into the preferred 5m setback
above the Gellibrand Street wall, it adds complexity and interest to the composition of
the upper floors. For this reason, the massing and composition is considered to be
acceptable and it is recommended that the upper floor setbacks from the eastern
elevation be retained as proposed.
The Melbourne Chinese Baptist Church is located at 2 Highbury Grove, Kew,
approximately 375m east of the site, on the opposite side of Cotham Road. Due to the
distance separating the site from the church, it is considered that the development will
not unreasonably block views of the church and its spire. The Kew War Memorial is
located alongside the former Kew Post Office, at the intersection of Cotham Road and
High Street, approximately 40m west of the site, on the opposite side of Cotham Road.
The development will not block views to the memorial or post office from the public
realm.
The existing building heights in the vicinity of the site are varied, ranging between single
storey to 4-storeys (18.45m, opposite). The proposed development would be 7-storeys,
with a maximum height of 22.11m. It is considered that there is no strategic context for
the proposed building height. Therefore it is recommended that the top floor of the
building be deleted. According to the North Elevation, this will reduce the maximum
height of building to 19.3m. To achieve compliance with the adopted DDO, the building
height is required to be reduced by an additional 0.3m, for a maximum of 19.0m.
The development is generally satisfactory, having regard to the Crime Prevention
Through Environmental Design (CPTED) principles. The building incorporates active,
clear glazed frontages to both streetscapes, with multiple pedestrian entries and
balconies that provide casual surveillance over the street and nearby park. Council’s
Urban Designer seeks additional information of the design and materials of the
pedestrian entry lobby, to ensure that it is of a high quality and that it does not create
any concealment spaces. This is addressed in the recommended permit conditions.
Permit conditions have been imposed requiring the preparation and implementation of
an ESD Report. The ESD Report is required to ensure the development incorporates
on-site stormwater harvesting and retention, for re-use in the planter areas in the southeast corner of the site and adjacent to the western boundary.
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Within Gellibrand Street, the extent of shadows cast by the development is generally
similar to that of the existing building, with some additional shadow cast over the road
carriageway at 3pm at the Equinox. This is considered acceptable as it will not cause
unreasonable detriment.
With respect to the adjacent residential interfaces, the submitted shadow drawings
indicate that at the Equinox, the development will cast less shadow over Nos. 37
Gellibrand Street and 26 Queen Street than the existing building does. Therefore, the
development complies with the requirements of Rescode and is acceptable with respect
to the extent and duration of shadows cast.
Council’s Urban Designer has recommended that lighting be integrated into the design
of the recessed pedestrian entry lobby facing Gellibrand Street. This is addressed in the
recommended permit conditions.
As tram services operate along Cotham Road and it is a main road, it is recommended
that the external glazing used in the dwellings be double glazing or better, with
commercial-grade seals, to provide some acoustic protection from the noise associated
with the busy road.
Verandahs are proposed above the Cotham Road footpath and part of the Gellibrand
Street footpath. The extent of the verandahs is acceptable, extending along the length
of the shopfronts and the cafes, however, the design requires modifications. It is
recommended that the depth of the canopies be increased (to have a setback of
750mm from the face of kerb), so they provide better protection from the weather. The
Applicant has indicated this modification can be accommodated. It appears that along
Cotham Road, the clearance between the underside of the verandah and the footpath
is, in part, less than 3.0m. The minimum clearance allowed by the Building Regulations
is 3.0m. A permit condition has been recommended requiring this to be rectified. This
may be more challenging for the Applicant to address, however deletion of the verandah
would not be supported.
Building services have been located within the basement and internally on the Lower
Ground Floor, which hides them from the public realm. The lift overrun and stairwell exit
to the roof are centrally located on the southern side of the building, reducing their
visibility from Cotham Road and Gellibrand Street.
The following tables detail the setback requirements of Standard B17 of Rescode, to
ascertain whether the development will cause unreasonable visual bulk to the adjacent
residential properties to the south and west.
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Table 4: Rescode B17 setback requirements from the southern boundary
Floor
Proposed setback
from the southern
boundary
Setback
required by
Standard
B17 of
Rescode
Assessment
Lower Ground Floor
Ground Floor
Level 1
Level 2
Level 3
Proposed
maximum
southern
elevation wall
height
(measured from
natural ground
level)
3.6m
5.4m
9.0m
11.9m
14.9m
0m - 5.65m
4.435m - 6.035m
4.435m - 5.685m
5.685m
9.535m - 12.835m
0m or 1.0m
1.54m
4.09m
6.99m
9.99m
Level 4
Level 5
Level 6
17.2m
20.6m
22.11m
12.835m
18.0m - 23.735m
18.435m - 19.335m
12.29m
15.69m
17.2m
9 Complies
9 Complies
9 Complies
8
8 Partially
Complies
9 Complies
9 Complies
9 Complies
Table 5: Rescode B17 setback requirements from the western boundary (for that
part of the development adjacent to No. 26 Queen Street)
Floor
Lower Ground Floor
Ground Floor
Level 1
Level 2
Level 3
Proposed
maximum
western
elevation wall
height
(measured from
natural ground
level)
1.8m
4.6m
9.5m
10.7m
-
Level 4
-
Level 5
-
Level 6
-
Proposed setback
from the western
boundary (for that
part of the building
abutting No. 26
Queen Street)
Setback
Assessment
required by
Standard
B17 of
Rescode
0m
7.45m - 8.25m
7.45m - 8.25m
7.45m
Level 3 does not abut
26 Queen St
26 Queen St
26 Queen St
26 Queen St
0m or 1.0m
1.3m
4.59m
5.79m
-
9 Complies
9 Complies
9 Complies
9 Complies
-
-
-
-
-
-
-
When viewed in conjunction with the 3D renderings at Appendix C, it is apparent that
although there are proposed encroachments within the B17 setback adjacent to the
southern boundary, they are generally less than or similar to the B17 encroachments of
the existing building on the land. The dwelling at No. 37 Gellibrand Street has a number
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of habitable room windows with an outlook towards the subject site, however, the
driveway, garage and carport for the dwelling create a physical barrier and provide
separation between the dwelling and the development site. On balance, it is considered
that the visual bulk of the development will be less than that of the existing building, as
the proposed development is more highly articulated and visually interesting. The
recommended deletion of Level 6 will reduce visibility of the building from the objector’s
property.
To maintain the privacy of the rear yard of No. 26 Queen Street, it is recommended that
the balcony balustrades and east-facing windows that are not located behind
balcony/terrace balustrades, associated with Dwellings G02, G03, 1.07, 1.08, 2.07,
2.08, 3.05 and 4.04 should incorporate privacy screening in accordance with the
Rescode standard.
In relation to the privacy of the dwelling at No. 37 Gellibrand Street, it is noted that the
nearest south-facing habitable room windows within the development are sited more
than 9m from the rear yard of the neighbour’s dwelling (setback 10m or greater) and
there is a minimum separation of approximately 12m between the south-facing windows
within the development and the north-facing windows in the neighbour’s dwelling.
Therefore, Rescode does not require privacy screening. Notwithstanding this, the
southern elevation indicates the south-facing windows associated with Dwellings G.01,
G.02, 1.06 and 1.07, will be located behind an aluminium horizontal screen, which will
assist in filtering views between the dwellings.
Heights and Setback
x
x
x
Building heights and setback are set out in this Schedule for each precinct. The
precincts are defined on Map 1 Kew Junction Activity Centre and Precincts.
Landscaped setbacks of a minimum of 2 metres (unless specified otherwise) should
be provided where shown on Map 1 Kew Junction Activity Centre and Precincts of
this Schedule. Within this setback, suitable tree planting and landscaping utilising
Water Sensitive Urban Design (WSUD) is encouraged to add visual interest and
amenity to the centre.
Developments should be built to the street edge where shown on Map 1 Kew
Junction Activity Centre and Precincts of this Schedule. This may be varied, if a
setback is:
¾
designed as part of the public domain; and
¾
fully accessible to the public.
Buildings should provide continuous weather protection along these streets.
Within Precinct 2, sloping sites are permitted to have a maximum building height of
19.0m. At 7-storeys, the proposed building has a maximum height of 22.11m. It is
recommended that the top floor of the building be deleted, which will reduce the
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maximum height to 19.3m. To achieve compliance with the adopted DDO, the building
height is required to be reduced by a further 0.3m, for a maximum of 19.0m
No landscaped setbacks are required, however at the south-west corner of the site, a
landscaped area is provided. In this instance, the landscaped setback is considered
appropriate as it provides a transition in character and scale into the residential
streetscape and softens the eastern elevation of the development. Along Cotham Road
and the balance of Gellibrand Street, the development would be built to the street edge,
with continuous weather protection provided adjacent to the commercial frontages.
Spaces and Access
x
x
x
x
x
Ensure that new or improved pedestrian links are attractive, accessible, identifiable,
well connected and safe for both day and night time users of all abilities.
Ensure development incorporates and encourages sustainable transport options
including walking, cycling and public transport.
The number of crossovers, garages and car park entrances should be minimised.
Where possible, car parking should be located underground.
Encourage design that maximises safety and utilises CPTED principles.
Encourage the use of landscaping and street tree planting (in accordance with
existing Council policies) to increase the amenity of the centre.
It is considered that the proposed building layout is appropriate and is superior to the
existing building, as the proposed tenancies have been configured in a way that allows
them to each have direct pedestrian access to the street that is not reliant on steps or
external ramps. The inclusion of the café use, with access via Gellibrand Street, in
addition to the uses facing Cotham Road, is supported, as it activates the elevation that
overlooks the public park.
The inclusion of dwellings within the core retail area of the activity centre creates the
opportunity for future residents to increase the number of trips undertaken using
sustainable modes of transport, such as walking, cycling or public transport. With shops,
restaurants, cafes, parks, supermarkets and tram services all within the immediate
surrounds of the site, it will be convenient for residents to walk instead of drive, for some
of their trips.
The development consolidates the number of vehicle crossings to Gellibrand Street
from two (2) to one (1), with parking integrated into the building and within a basement.
These measures assist in decreasing the dominance of parking facilities within the
streetscape.
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Precinct 2: Retail and Activity Core - Design Objectives
Within Precinct 2, the following design objectives apply:
x
x
x
x
To facilitate high quality development and reinforce this precinct as the focal point of
retail activity in the centre supported by office, residential and community uses.
To support the activity and vitality of the precinct through the creation of an
attractive, safe and pedestrian focussed retail environment.
To improve pedestrian access to supermarket entrances and minimise
pedestrian/vehicular conflict while improving loading arrangements.
To ensure adequate vehicle and loading access to and from Princess Street is
provided.
In relation to the development, Council’s Urban Designer has stated:
“The contemporary architectural expression is appropriate for the
context. The building form incorporates a degree of visual interest
and complexity, especially for the podium mass where the strongly
expressed balconies add visual depth and richness.
In terms of building materials and finishes, the palette appears to
include high quality finishes but the application of these finishes is
not clear in the elevations and 3D perspectives. Further, the feature
timber cladding should be of a darker reddish-brownish stained
finish to add vibrancy and provide references to the brick finish in
the area. Applying the stained timber finish to the soffits and
sidewalls of balconies along with stone cladding will enhance the
building form, add warmth and vibrancy. Adding stone cladding to
the ground floor level facades, where practical, should add visual
interest and richness at street level too.”
Subject to the recommended permit conditions, the development is considered to be of
a high quality.
The improved design of pedestrian access into the site, compared to the existing
building, is a positive outcome for the activity centre.
The subject site does not have an interface with any supermarkets and does not abut
Princess Street.
Requirements - Precinct 2a
Within Precinct 2a, the following requirements apply:
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Mandatory Requirement
x
Building heights must not exceed an overall height of 18 metres.
General Requirements
x
x
x
x
x
x
x
x
At the building frontage, building height should not exceed 11 metres.
Development above 11 metres should be set back 5 metres from the front ground
level facade.
Development should be designed and oriented to support and reinforce the creation
of a landscaped walkway at the rear of High Street shops from Princess Street
through to Walpole Street at the rear of High Street shops by:
¾
Upgrading existing laneways and creating a landscaped walkway with seating
at intervals for pedestrian use.
¾
Ensuring an even building setback line in the redevelopment of the rear of
shops.
¾
Linking to the existing walkway from Brougham Street to Walpole Street
supported by appropriately located pedestrian crossings.
¾
Ensuring safe and clear pathways through car parks.
¾
Creating new pedestrian links through larger redevelopment sites.
Development should support the creation of new plaza spaces or small landscaped
seating areas along the pedestrian walkway.
Development should avoid overshadowing of the pedestrian walkway at the rear of
High Street shops.
The established parapet height of the heritage shopfronts of High Street and
Cotham Road should be retained as the dominant visual elements in these
streetscapes.
Development adjoining or nearby the former Court House and Police Station and
War Memorial should retain the visual dominance of these buildings and
complement the scale and form of these heritage buildings.
Development along Cotham Road should support and reinforce a landscaped
pedestrian link to Alexandra Gardens.
The recommended permit conditions reduce the building height to a maximum of 19.0m,
as is permitted for a sloping site within Precinct 2a.
Facing Cotham Road, the building would have a street wall height of between 9.88m 10.3m. Above the street wall, the building would have a minimum setback of 5.05m from
Cotham Road.
Facing Gellibrand Street, a different design response is warranted, due to the interface
with the park on the opposite side of the street. The DDO does not prescribe a preferred
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distance for the setback above the street wall, for the side street. The proposed setback
above the street wall, of 3.275m, satisfies the intent of the DDO as a clearly defined
street wall/podium is created. The delineation of the street wall and podium is
emphasised in this instance, because no balconies are proposed to encroach into the
3.275m setback.
It is considered to be a positive design outcome that the building engages with the park,
orienting dwellings so they have their primary outlook to the east. Due to the slope of
the land, facing Gellibrand Street, the building has a street wall height of between 10.5m
- 11.6m. The street wall terminates 5.6m from the southern boundary, to create space
for landscaping as the site transitions into the residential streetscape. The landscaped
setback creates adequate ‘breathing space’ between the proposed building and the
dwelling at No. 37 Gellibrand Street. The profile of the Gellibrand Street street wall is
stepped with the fall of the land, splitting it into two (2) sections, reducing its mass and
bulk and creating visual interest.
The development does not have an interface with the pedestrian walkway at the rear of
the High Street shops.
Map 1 in adopted DDO14 does not require the provision of a landscaped setback along
the Cotham Road boundary, leading to Alexandra Gardens. It is understood from Map 1
that this requirement applies only to the northern side of Cotham Road.
Other Controls Applicable
Consideration of Urban Design Principles under Clause 15 – Built Environment
and Heritage
Clause 15.01-2 sets out design principles with respect to: context; the public realm;
safety; landmarks, views and vistas; pedestrian spaces; heritage; consolidation of sites
and empty sites; light and shade; energy and resource efficiency; architectural quality;
and landscape architecture.
Having regard to the zoning, size and location of the site within an activity centre, with
good access to services and transport, it is considered that the site is suitable for a
higher density residential development. Subject to the recommended permit conditions,
the proposed height and massing provides an appropriate response to the site and its
context, including the 'preferred character' considerations of the Kew Junction Structure
Plan.
Consideration of the Guidelines for Higher Density Residential Development
for residential development of four or more storeys
Clause 15 requires the consideration of the Guidelines for Higher Density Residential
Development where a residential development of five (5) or more storeys is proposed.
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The Guidelines set out design elements with respect to: urban context; building
envelope; street pattern and street-edge quality; circulation and services; building layout
and design; and open space and landscape design.
As detailed above, subject to the recommended permit conditions, it is considered that
the mix of uses and the building scale, massing, materials and finishes and architectural
expression respond appropriately to the existing context within Cotham Road and
Gellibrand Street. In being brought into compliance with the overall building height
controls proposed under by the Kew Junction Structure Plan, the proposal will
appropriately respond to the adopted preferred neighbourhood character objectives for
the area.
The development provides an appropriate transition from the commercial streetscape of
Cotham Road to the low scale residential area south of the site in Gellibrand Street by
creating a landscaped setback within the south-east corner of the site, with a
predominantly 3-storey form with recessed upper levels.
The provision of balconies on the north and east sides of the building will promote
passive surveillance of public spaces. The provision of a residential entry lobby on
Gellibrand Street will activate the eastern elevation and enhances safety within the
centre by increasing the potential for 24-hour pedestrian activity.
Adequate separation is provided between the building mass and the adjacent dwellings
to the west and south to ensure that the dwelling occupants will not suffer unreasonable
visual bulk impacts, compared to the existing building. The development will cast less
shadow over the neighbouring dwellings than the existing building and complies with the
requirements of Rescode.
Subject to the recommended permit conditions, the development will incorporate privacy
screening so that it complies with Rescode.
The proposed dwellings will each have a high level of internal amenity and the layout
and mix of the uses on the land will enhance the vitality of the activity centre.
Consideration of the Safer Design Guidelines for Victoria
Clause 15 requires the consideration of the Safer Design Guidelines for Victoria where
a development is proposed within an activity centre. The Guidelines set out design
elements with respect to: urban structure; activity centres; building design; parks and
open spaces; walking and cycling paths; public transport; car park areas; public
facilities; lighting; and signage.
The proposal generally satisfies the requirements of the Guidelines for the following
reasons:
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x
x
The provision of dwellings and the encouragement of a shift towards alternative
modes of transport through the provision of bicycle storage spaces is consistent
with the objectives of this standard that seek to increase the number of “eyes on the
street” through the encouragement of walking and cycling. Further, the provision of
a residential pedestrian entrance along Gellibrand Street will provide for natural
surveillance, as will the balconies and windows that face Gellibrand Street and
Alexandra Gardens.
The proposed mix of uses will aid in ensuring the neighbourhood is an area where
people are present during all hours of the day, providing a public presence within
the activity centre.
Car Parking and Bicycle Parking
This application seeks permission for dispensation of seven (7) car spaces, comprising
two (2) dwelling visitor spaces plus five (5) café spaces. No dispensation is required for
car parking associated with the dwelling residents or the shops (there is a surplus of car
spaces allocated to these uses).
Council’s Traffic Engineers have indicated that they support the proposed number of car
spaces provided within the development, but require two (2) of the surplus dwelling
resident car spaces to be reallocated for use by dwelling visitors, so that no
dispensation is provided (and leaving one surplus car space for dwelling residents).
Therefore, the only dispensation sought would be for five (5) car spaces associated with
the cafes.
In relation to this, Council’s Traffic Engineers have provided the following advice:
“The provision of one staff space per retail/café tenancy is
considered appropriate in this instance, with all customer demands
to be accommodated within on-street and off-street parking
availabilities in the vicinity of the site. A review of the submitted
parking demand data in the vicinity of the site indicates that typically
parking demands were moderate to high throughout a typical day.
However, it is noted that there was publically available parking
along non-residential frontages and particularly within nearby offstreet car parks (Fenton Avenue) which indicated that the proposed
on-site shortfall in customer parking may be accommodated.
It should be noted that given the site is within a retail precinct and
activity centre, it is reasonable that some patronage at the shops or
café may form part of a shared trip. Furthermore, a review of the
existing building on-site indicates that it may generate potentially
higher existing parking demands than is currently proposed.
Accordingly, the parking demands associated with the proposed
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development may result in an improvement in on-street parking
available in the vicinity.”
Parking surveys carried out by the Applicant indicate high demand for parking within
Cotham Road, particularly at midday during the week. The surveys indicate a minimum
of two (2) car spaces available on Cotham Road, with greater availability from 4pm
onwards (14 - 28 vacant car spaces on Cotham Road). Surveys carried out on a
Saturday indicate much higher vacancy rates on Cotham Road, with between 31 - 34
vacant car spaces on Cotham Road at midday and 8pm.
Within the nearby off-street car park on the east side of Fenton Street, the parking
surveys indicate low to moderate demand for parking in the car park, with between 14 44 car spaces available during the weekday (the highest demand for parking was
experienced at 1pm). The survey carried out on a Saturday indicated low demand for
parking within the car park, with between 34 - 37 car spaces available. The Applicant’s
survey covered a broader area than Cotham Road and the Fenton Street car park,
encompassing an area within a radius of approximately 200m of the site. Within the
broader area, the survey revealed between 20 - 71 vacant on-street car parking spaces
and between 31 - 91 vacant off-street car parking spaces. Therefore, it is considered
that the surveys demonstrate sufficient capacity within the surrounding area to
accommodate the dispensation of five (5) car spaces sought as part of this proposal
(subject to the recommended permit conditions) without causing unreasonable
detriment.
Notwithstanding that in this instance, Clause 52.06 does not apply to the proposed
shops, it is considered that the allocation of one (1) car space to each shop (4 in total) is
appropriate and adequate, having regard to the long-term parking demands that each
tenancy is expected to generate.
No dispensation is sought in relation to the provision of bicycle facilities. A condition has
been recommended requiring the inclusion of way-finding signage, in accordance with
the requirements of the Planning Scheme. In addition, the Traffic Engineers’
recommendation that three (3) of the proposed 12 bicycle space be relocated to an area
outside of the secure section of the car park, for use by visitors, has been adopted in
the Officer recommendation.
Traffic generation
The Applicant’s Traffic Engineer estimates that the proposed development will generate
in the order of up to 204 vehicle movements per day, including 20 vehicle movements in
a peak hour.
Traffic volume data collected in November 2014 indicates that Gellibrand Street
currently experiences daily traffic volumes of 1,411 vehicles per day. In relation to this,
Council’s Traffic Engineers have provided the following advice:
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“Given that the proposed development is anticipated to generate
204 daily vehicle movements, it is considered that this additional
traffic may suitably be accommodated, given the design threshold
(2,000-2,500 vehicles per day) for a road of this type. Accordingly,
the anticipated additional traffic generation from the proposed
development will not unduly impact on Gellibrand Street or the
surrounding road network.”
It is therefore considered that the development will not cause any unreasonable impacts
on the safety and operation of the surrounding road network.
Loading and Unloading of Goods
The existing shops on the land have a leasable floor area of approximately 1,450sqm,
divided between three (3) tenancies and operate with on-site loading facilities. The
proposed development will reduce the amount of commercial floor space to a total of
492sqm, divided over six (6) tenancies.
Having regard to the nature of the shop and café uses proposed and the relatively small
size of each tenancy, it is considered acceptable for the commercial premises to
operate without on-site loading.
Loading and unloading from the street is consistent with the practice adopted by many
other commercial sites along Cotham Road. There is an existing on-street loading bay
located approximately 100m west of the site, at the front of No. 14-16 Cotham Road.
Council’s Traffic Engineers have indicated they support the proposed waiver of on-site
loading facilities in this instance.
OBJECTION RESPONSE
Those matters not already addressed in the foregoing report are discussed below:
Total Number of Objections Received:
15
Summary of Objection Officer Comment
Overshadowing of
The development will cast a small area of shadow over
heritage-listed
Alexandra Gardens between 2pm and 3pm at the September
Alexandra Gardens
Equinox. The recommended deletion of the top floor of the
building and a further reduction in the height of the building,
to a maximum of 19.0m, will reduce the extent of shadows
cast.
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Above: The extent of shadows over the park at 3pm is
circled
It is noted that the area of the park that is affected is heavily
vegetated and is also overshadowed by existing street trees.
The area affected is not part of the lawn area of the park,
where visitors will still be able to enjoy the afternoon sun.
Overshadowing of the
Above: Alexandra Gardens, on the opposite side of
Gellibrand Street
The submitted shadow diagrams indicate the extent and
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rear yards of houses
within Gellibrand Street
duration of shadows cast by the development over the
backyard of No. 37 Gellibrand Street and No. 26 Queen
Street will be less than that of the existing building on the
land. This complies with the requirements of Rescode.
The building height and Subject to the recommended permit conditions, the number
number of dwelling
of dwellings within the development would be reduced to 29
should be reduced
and the maximum height of the building would be reduced to
19.0m.
A commercial high-rise
There are a number of reasons why a development of this
development on the
type could not be contemplated on the residential properties
corner of Gellibrand
in Gellibrand Street. The majority of homes in the street are
Street will set a
within the General Residential Zone Schedule 1, which
precedent for unsuitable includes a maximum height limit of 9.0m (10.0m, if a sloping
development in the
site). The adopted Kew Junction Structure Plan specifically
street
envisages development at the scale proposed, subject to the
recommended permit conditions and is consistent with the
future preferred character of the area. In addition, this site is
not constrained by heritage considerations, whereas many of
the properties within Gellibrand Street and elsewhere on
Cotham Road are affected by the Heritage Overlay and have
a grading of “contributory” or “significant”.
VicRoads have made a VicRoads were notified of the planning application, as an
written submission
interested party, as it is proposed to construct a canopy
advising that they
above the Cotham Road footpath. VicRoads are not a
require the canopy
statutory referral authority for this application.
above the Cotham
Notwithstanding this, the requirements for the canopy above
Road footpath to have a the Cotham Road footpath to have a minimum clearance of
minimum 3m vertical
3.0m and a minimum setback of 0.75m from the kerb are
clearance above the
considered reasonable, as it is consistent with the
footpath and a minimum requirements of the Building Regulations. It is proposed to
setback of 0.75m from
address this in the recommended permit conditions, for both
the kerbline and street
the canopy above Cotham Road and Gellibrand Street.
poles and must not form
part of the permanent
However, there is no reasonable justification to prevent the
structure of the building canopy from being a permanent structure of the building. The
Roads Authority have not given any reason why this
requirement should be imposed and it is not unusual for
buildings within Cotham Road to have canopies that extend
into the road reserve that are permanent fixtures on the
building. If the canopy is not a permanent structure, its use
may be optional or intermittent, or it may be constructed with
a lightweight material that is not as durable as the proposed
structure, which will be clad with zinc. Therefore, it is not
proposed to require the canopy to be a temporary structure.
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Noise from people
using the balconies,
plant, air conditioners,
intercoms, etc. will
affect the amenity of
No. 37 Gellibrand St
The location of the
vehicle accessway is
too close to the
intersection with
Cotham Road and will
be unsafe
The building does not
allow a sufficient
eastern boundary
setback to provide for
the establishment of a
defined podium/street
wall when viewed from
the north, so will
overwhelm the park
edge
Increased traffic and
lack of parking
As VicRoads is not a statutory referral authority in this matter,
Council is not compelled to adopt the permit conditions
sought by the Roads Corporation. Nor is Council compelled
to refuse the development if VicRoads submits an objection.
Concerns have been raised regarding the potential noise
generated from the dwellings after occupancy. Residential
noise associated with a dwelling is considered normal and
reasonable in an urban setting. Any future issues of amenity,
if they arise should be pursued as a civil matter.
The proposed accessway to the basement is in a similar
location to the access to the basement in the existing
building. Council’s Traffic Engineers have reviewed the layout
of the car park and accessways and have not raised
concerns with its proximity to Cotham Road. The new
accessway incorporates a “pedestrian sightline triangle” on
the left side of driveway (for exiting drivers) to provide clear
sightlines to pedestrians and approaching vehicles. This
satisfies the design standards of Clause 52.06.
The development incorporates a minimum setback of 3.275m
from the eastern boundary, for the floors above the street
wall, with no balconies encroaching into the setback. This is
sufficient to create a defined podium / street wall when
viewed from the north and complies with the requirements of
the DDO, which does not specify a preferred setback for the
floors above the street wall along the side street.
In other centres within the municipality, it is not uncommon
for Council policy to seek a setback of 3m for the floors above
the podium, to create a defined street wall (with balconies
being an allowable encroachment). It is considered adequate
and appropriate in this instance to seek the same for the
interface with Gellibrand Street, in this instance with no
encroaching balconies, which ensures there would be an
unambiguous distinction between the street wall and the
floors above.
It is considered that the development provides for appropriate
on-site car parking relative to the number of bedrooms in the
proposed dwellings. Subject to the recommended reallocation
of two (2) car spaces from dwelling residents to dwelling
visitors, the development will not seek parking dispensation
associated with dwelling residents or visitors.
Council’s Traffic and Transport Department have assessed
the application and has raised no concerns regarding the
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The upper level of the
development may not
be visible from footpath
level on the opposite
side of Cotham Road,
but it would be visible
from the upper floors of
the office building at No.
17-27 Cotham Road
The glass curtain wall at
Levels 4 - 6 will be
highly reflective and
cast unreasonable glare
to the properties on the
northern side of Cotham
Road
All visitor parking
should be located within
the Lower Ground Level
car park, instead of in
the Basement levels
Six (6) dwellings have
bedrooms which rely on
borrowed light (being
Dwellings 1.01, 1.02,
1.05, 2.01, 2.02 and
2.05) and will not have
adequate internal
amenity
impact of the proposal on the surrounding traffic network.
It is recommended that the top floor of the building be deleted
and the overall height of the building be reduced to 19.0m.
This will ensure the development is of an equivalent scale to
the building at No. 17-27 Cotham Road, which is understood
to have a height of 18.45m.
The Officer recommendation includes a permit condition that
requires further detail of the nature of the proposed glazing
treatment to the building, including the degree of tinting,
performance and reflectivity. The additional detail is required
to address issues about the impact of glare on the amenity of
properties located opposite and adjacent to the site, in
Cotham Road and for users of Alexandra Gardens.
A permit condition has been recommended requiring the
provision of six (6) visitor car spaces, located within the
Lower Ground car park.
None of the dwellings within the development have any
habitable rooms that rely on ‘borrowed light’.
Each of the dwellings referred to have third bedrooms that
have a window facing into a light court. This is not a
‘borrowed light’ arrangement, as the light court is ‘clear to the
sky’. Each of the light courts is of an area that is larger than
would be required by Rescode and the affected bedrooms
are the third bedroom to each of the respective dwellings
(with the master and second bedrooms facing either Cotham
Road or Gellibrand Street). It is therefore considered that the
amenity of all of the dwellings within the development will be
satisfactory.
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View looking from the north-east corner towards the Subject Site
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View looking from the northern side of Cotham Road towards the Subject Site
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View looking from the south along Gellibrand Street corner towards the Subject Site
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56 COTHAM ROAD, KEW
View from front garden of 37 Gellibrand Street towards subject site - Existing
View from front garden of 37 Gellibrand Street towards subject site - Proposed
View from front garden of 37 Gellibrand Street towards subject site with ResCode Profile indicated - Existing
View from front garden of 37 Gellibrand Street towards subject site with ResCode Profile indicated - Proposed
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56 COTHAM ROAD, KEW
View from rear garden of 37 Gellibrand Street towards subject site - Existing
View from rear garden of 37 Gellibrand Street towards subject site - Proposed
View from rear garden of 37 Gellibrand Street towards subject site with ResCode Profile indicated - Existing
View from rear garden of 37 Gellibrand Street towards subject site with ResCode Profile indicated - Proposed
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56 COTHAM ROAD, KEW
View from rear garden of 26 Queen Street towards subject site - Existing
View from rear garden of 26 Queen Street towards subject site - Proposed
View from rear garden of 26 Queen Street towards subject site with ResCode Profile indicated - Existing
View from rear garden of 26 Queen Street towards subject site with ResCode Profile indicated - Proposed
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City of Boroondara
56 Cotham Road
Page 89 of 89