1.5 99-121 carinish road, clayton the construction … · the construction of a ten storey building...

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Council Meeting, 30 May 2017 Section 1.5 – Page 1 99-121 Carinish Road, Clayton - The Construction Of A Ten Storey Building Comprising Supermarket, Retail Tenancy, Offices, Use Of Premises For A Childcare Centre, Including A Reduction In The Applicable Car Parking Requirement 1.5 99-121 CARINISH ROAD, CLAYTON THE CONSTRUCTION OF A TEN STOREY BUILDING COMPRISING SUPERMARKET, RETAIL TENANCY, OFFICES, USE OF PREMISES FOR A CHILDCARE CENTRE, INCLUDING A REDUCTION IN THE APPLICABLE CAR PARKING REQUIREMENT (TPA/46861) EXECUTIVE SUMMARY : This application proposes to develop the site for a multi storey mixed use development comprising a supermarket, retail tenancy, childcare centre and office floor space supported by 306 car spaces spread across basement and podium levels. An appeal has been lodged with Victorian Civil and Administrative Tribunal (VCAT) against Council’s failure to determine the application within the prescribed time. Council is unable to determine the application but must form a position on the application. The application was subject to public notification. Twenty eight (28) objections to the proposal have been received. Key issues to be considered relate to building height, traffic and car parking issues and the impact of nearby residential properties. This report assesses the proposal against the provisions of the Monash Planning Scheme including the relevant state and local planning policy framework, and issues raised by objectors The reason for presenting this report to Council is the proposed development cost of $25 Million. The proposal is considered inconsistent with the relevant provisions of the Monash Planning Scheme and it is recommended that the application not be supported. RESPONSIBLE DIRECTOR: Peter Panagakos RESPONSIBLE MANAGER: Angela Hughes RESPONSIBLE PLANNER: James Heitmann WARD: Oakleigh PROPERTY ADDRESS: 99-121 Carinish Road, Clayton PRE-APPLICATION MEETING: Yes

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Council Meeting, 30 May 2017 Section 1.5 – Page 1

99-121 Carinish Road, Clayton - The Construction Of A Ten Storey Building Comprising

Supermarket, Retail Tenancy, Offices, Use Of Premises For A Childcare Centre, Including A Reduction In The Applicable Car Parking Requirement

1.5 99-121 CARINISH ROAD, CLAYTON THE CONSTRUCTION OF A TEN STOREY BUILDING COMPRISING SUPERMARKET, RETAIL TENANCY, OFFICES, USE OF PREMISES FOR A CHILDCARE CENTRE, INCLUDING A REDUCTION IN THE APPLICABLE CAR PARKING REQUIREMENT (TPA/46861)

EXECUTIVE SUMMARY:

This application proposes to develop the site for a multi storey mixed use development comprising a supermarket, retail tenancy, childcare centre and office floor space supported by 306 car spaces spread across basement and podium levels. An appeal has been lodged with Victorian Civil and Administrative Tribunal (VCAT) against Council’s failure to determine the application within the prescribed time. Council is unable to determine the application but must form a position on the application. The application was subject to public notification. Twenty eight (28) objections to the proposal have been received. Key issues to be considered relate to building height, traffic and car parking issues and the impact of nearby residential properties. This report assesses the proposal against the provisions of the Monash Planning Scheme including the relevant state and local planning policy framework, and issues raised by objectors The reason for presenting this report to Council is the proposed development cost of $25 Million. The proposal is considered inconsistent with the relevant provisions of the Monash Planning Scheme and it is recommended that the application not be supported. RESPONSIBLE DIRECTOR: Peter Panagakos

RESPONSIBLE MANAGER: Angela Hughes

RESPONSIBLE PLANNER: James Heitmann

WARD: Oakleigh

PROPERTY ADDRESS: 99-121 Carinish Road, Clayton

PRE-APPLICATION MEETING: Yes

Council Meeting, 30 May 2017 Section 1.5 – Page 2

99-121 Carinish Road, Clayton - The Construction Of A Ten Storey Building Comprising

Supermarket, Retail Tenancy, Offices, Use Of Premises For A Childcare Centre, Including A Reduction In The Applicable Car Parking Requirement

NUMBER OF OBJECTIONS: Twenty-eight (28)

ZONING: Commercial 1 Zone (CZ1)

EXISTING LAND USE: Vacant

OVERLAY: No overlays affect the site

RELEVANT CLAUSES: State Planning Policy Framework Clause 9 – Plan Melbourne Clause 11 – Settlement Clause 11.02-1 – Supply of Land Clause 11.04-4- Liveable communities and neighbourhoods Clause 15.01 Urban design Clause 15.01-1 Energy and Resource efficiency Clause 17.01- Business Clause 18.01-2 – Transport System Clause 18.02-1 Sustainable Personal Transport Clause 18.02-2 – Cycling Clause 18.02-5 – Car parking

Local Planning Policy Framework Clause 21.01- Municipal Profile Clause 21.02- Key Influences Clause 21.03 – A vision for Monash Clause 21.05 – Economic Development Clause 21.06 – Activity Centre Clause 21.08 – Transport and Traffic Clause 21.11 – Physical Infrastructure Clause 21.13 – Sustainability and Environment. Clause 22 Policies Clause 22.03 – Industry and Business Development Character Policy Clause 22.04 – Stormwater Management Policy Clause 22.13 – Environmentally Sustainable Development Policy Particular Provisions 52.06 – Car Parking 52.07 Loading and unloading 52.34 – Bicycle facilities

STATUTORY PROCESSING DATE: 5 May 2017

DEVELOPMENT COST: $25 Million

Council Meeting, 30 May 2017 Section 1.5 – Page 3

99-121 Carinish Road, Clayton - The Construction Of A Ten Storey Building Comprising

Supermarket, Retail Tenancy, Offices, Use Of Premises For A Childcare Centre, Including A Reduction In The Applicable Car Parking Requirement

LOCALITY PLAN

NEIGHBOURHOOD PLAN

SUBJECT SITE

Council Meeting, 30 May 2017 Section 1.5 – Page 4

99-121 Carinish Road, Clayton - The Construction Of A Ten Storey Building Comprising

Supermarket, Retail Tenancy, Offices, Use Of Premises For A Childcare Centre, Including A Reduction In The Applicable Car Parking Requirement

RECOMMENDATION:

A. That Council resolves that if it were in a position to make a decision, it would determine to Refuse the application (TPA/46861) for the construction of a ten storey building comprising supermarket, retail tenancy, offices, use of premises for a childcare centre, including a reduction in the applicable car parking requirement at 99-121 Carinish Road, Clayton subject to the following grounds:

1. The proposal is significantly out of scale with the prevailing built

form in the area and will visually overwhelm adjacent and nearby properties.

2. The proposal is inconsistent with the policy statements of Clause 22.03-3 in relation to building height.

3. The proposal fails to satisfy the requirements of Clause 52.06 in relation to onsite car parking provision.

4. The proposal will have a detrimental impact on the amenity of

Madeleine Road residential properties as a result of the proposed loading bay access arrangements.

5. The proposal is considered an overdevelopment of the site.

B. That Council writes to VCAT, the applicant and all objectors advising of its

position.

C. Authorises the Director of City Development (or representative) to consider any amended plans, modify refusal grounds and resolve the matter at any VCAT conducted compulsory conference or hearing on the basis of changes to make the proposal generally compliant with the provisions of the Monash Planning Scheme.

BACKGROUND:

History Planning permit TPA/39156 was issued on 11 October 2012 allowing the development of a 5 storey mixed used development on the subject site comprising offices, retail premises and residential apartments above basement car parking. The permit was extended and remains current until 16 October 2018.

Council Meeting, 30 May 2017 Section 1.5 – Page 5

99-121 Carinish Road, Clayton - The Construction Of A Ten Storey Building Comprising

Supermarket, Retail Tenancy, Offices, Use Of Premises For A Childcare Centre, Including A Reduction In The Applicable Car Parking Requirement

The Site and Surrounds The subject site is located at the north-east corner of Carinish Road and Madeleine Road in Clayton opposite the Cranbourne/Pakenham railway reserve and approximately 50 metres west of Clayton Road. Clayton Railway Station is located approximately 150 metres to the south east. The site is zoned Commercial 1 and is located at the northern edge of the Clayton Road Shopping Centre, however the railway reserve currently creates a physical barrier to the main shopping precinct. Residential zoned land adjoins the site to the north and west. The site itself is irregular in shape with a frontage to Carinish Road of 78.63 metres, a sideage to Madeline Street of 38.1 metres and an overall site area of 2704 square metres. Laneways extend along the northern and eastern boundaries. The site is vacant and unsealed, and appears to be used for overflow car parking. Two vehicle crossovers exist along the Carinish Road frontage. The land is relatively flat Features of adjoining land are as follows. North: A 3 metre wide sealed laneway extends along the northern boundary of

the subject site, beyond which, the Clayton Christadelphians Church occupies 98 Madeleine Road. This site is irregular in shape and accommodates a single storey church building and an at grade sealed car park (approximately 17 car spaces) which is accessed from Madeleine Road. Bollards around the southern and eastern boundaries prevent access to the car park from adjacent laneways.

South: The Pakenham/Cranbourne Railway line Reserve extends along the

southern side of Carinish Road opposite the site. The proposed elevated rail structure (part of the Level Crossing Removal Project) is also proposed at this location which will introduce higher solid built form opposite the subject site.

East: Land to the east of the site beyond the laneway is zoned Commercial 1

(C1Z) and comprises a number of single and double storey single fronted shops facing Clayton Road and Carinish Road.

West: Two single storey dwellings (dual occupancy development) occupy land

on the western side of Madeline Grove opposite the subject site. The site is well located close to a range of commercial, community and recreational facilities and excellent public transport options. In particular;

Council Meeting, 30 May 2017 Section 1.5 – Page 6

99-121 Carinish Road, Clayton - The Construction Of A Ten Storey Building Comprising

Supermarket, Retail Tenancy, Offices, Use Of Premises For A Childcare Centre, Including A Reduction In The Applicable Car Parking Requirement

• Clayton Railway Station is located approximately 150 metres to the south east.

• Clayton Shopping Centre is located south of the railway reserve contains a varied mix of supermarkets, specialty shops, restaurants and cafes.

• Monash Medical Centre and affiliated medical professional services are located approximately 400 to 500 metres north of the site along Clayton Road.

• Clayton Road bus routes provide convenient cross town public transport. • The Clayton Recreational Centre and Pool is located 400 metres to the

south. An aerial photograph of the subject site and surrounding land can be found attached to this report (Attachment 2).

PROPOSAL:

The proposal is to develop a 10 storey, mixed use development comprising a supermarket, retail tenancy, childcare centre and office floor space above basement and podium level car parking. Features of the proposal are as follows: Schedule of Proposed Uses Proposed Use

Floor Area (m2)/size

Supermarket (Ground level) 1500m2 (including 1,135 m2 net sales area and 365m2 back of house)

Retail tenancy (Ground level- south east corner)

228m2

Childcare Centre (4th level) 206 places

5 x Office tenancies ( Levels 5-9) 7320m2 (total)

• A total of 306 car spaces are proposed on site, including 74 spaces within the basement car park accessed via a new two-way crossover to Madeleine Road, and 232 car spaces across 3 levels of podium car parks (levels 1-3) which are proposed to be accessed via the laneway extending along the eastern boundary of the site (between subject site and existing commercial properties fronting Clayton Road). It is proposed to widen the existing laneways along both the northern and eastern boundaries to allow for two way traffic flow between Carinish Road and the podium car park access point and loading dock area located at the north east corner of the site.

• Aldi is the proposed tenant for the supermarket use. The main entrance doors to the Aldi will be from Carinish Road and is located towards the

Council Meeting, 30 May 2017 Section 1.5 – Page 7

99-121 Carinish Road, Clayton - The Construction Of A Ten Storey Building Comprising

Supermarket, Retail Tenancy, Offices, Use Of Premises For A Childcare Centre, Including A Reduction In The Applicable Car Parking Requirement

eastern end of the site. Customers to Aldi who choose to drive will park in the retail car park at basement level and catch one of two lifts which open directly into the supermarket adjacent to the front door entrance.

• The smaller secondary retail tenancy wraps around the south east corner of the site with its main entrance door located at the at the Carinish Road/laneway intersection. A secured services/plant room is located at the rear of the retail tenancy and can be accessed via the rear laneway.

• The next three levels (levels 1 to 3) of the building are dedicated to podium car parking for childcare and office uses.

• Level 4 will accommodate the proposed childcare centre which comprises indoor childcare facility and podium level outdoor play area which will be partly sheltered by level 5 above. The childcare centre is accessed from Carinish Road via dedicated lifts located at the south west corner of the building, or alternatively via lift access from the dedicated childcare parking area at first floor level.

• Levels 5 to 8 comprise the same office layout and level 9 (upper most level) proposes a smaller office tenancy with a roof top garden.

• All office tenancies are accessed via separate foyer and lift area located between the retail tenancy and supermarket, or alternatively via dedicated lifts from podium car park levels.

• A modern, contemporary building façade is proposed characterised by a defined 4 storey podium base and a fairly sleek multi storey office building above. The façade is articulated in its shape and colour variation. Repetition of façade detailing, features and colour fragments the building both horizontally and vertically.

Attachment 1 details plans forming part of the application.

PERMIT TRIGGERS:

A planning permit is required for the current proposal in accordance with the following planning scheme provisions. Commercial 1 Zone • Clause 34.01-4 – To construct a building or construct or carry out works • Clause 34.01-1- Use of land for a childcare centre where frontage at ground

floor level exceeds 2 metres.

Note: A planning permit is not required to use land in a Commercial 1 Zone for the purpose of an office or retail use (including a supermarket) Car Parking

Council Meeting, 30 May 2017 Section 1.5 – Page 8

99-121 Carinish Road, Clayton - The Construction Of A Ten Storey Building Comprising

Supermarket, Retail Tenancy, Offices, Use Of Premises For A Childcare Centre, Including A Reduction In The Applicable Car Parking Requirement

• Clause 52.06-3 a permit is required to reduce the number of car parking spaces required under Clause 52.06-5

Attachment 3 details the zoning and overlays applicable to the subject site and surrounding land.

CONSULTATION:

Further information was requested of the Permit Applicant on 13 December 2016. In this letter, officers also raised the following preliminary concerns:

• Height and scale of building, in the absence of any strategic planning policy around the building’s height in particular.

• Reduced car parking provision is unlikely to be supported.

• Proposed vehicle access and loading arrangements require detailed consideration.

Officers advised the Applicant in writing that should these concerns not be addressed, that this application was unlikely to be supported. The Permit Applicant responded to this letter on 6 March 2017 by providing the requested information. In relation to the preliminary concerns, the Applicant advised that they wished to continue with the application in its current form and no changes were made to the plan of development. The Applicant was verbally advised on 18 April 2017 that this application was coming to the May Council meeting, in addition to a letter that was sent to the Applicant formally informing them of the details of the Council meeting. The Applicant has been advised by email 18 April 2017 that this application is recommended for refusal. The Applicant met with Council officers on 28 April 2017 to discuss officers concerns in an attempt to reach compromise. However the Applicant indicated that he was not prepared to make the extent of changes required by officers in order to address concerns. Public Notice The application was advertised in accordance with section 52 of the Planning and Environment Act 1987 by way of notices being sent to the surrounding property owners/occupiers, and a total of 4 signs displayed along street and laneway frontages to the site. A notice was also placed in the Monash Leader newspaper. A total of 28 objections were received to the application, along with a petition containing 151 names. The grounds of objection are summarised below.

Council Meeting, 30 May 2017 Section 1.5 – Page 9

99-121 Carinish Road, Clayton - The Construction Of A Ten Storey Building Comprising

Supermarket, Retail Tenancy, Offices, Use Of Premises For A Childcare Centre, Including A Reduction In The Applicable Car Parking Requirement

• The previous permit for the site allowed a development of 5 storeys and this is considered more appropriate for the site (petition). The proposed scale is out of character with the surrounding built form.

• Increase in traffic and congestion along Madeleine Road and Carinish Road and using adjoining laneways.

• Insufficient car parking on site. Reduced car parking provision will see cars parking in Madeleine Road. Already issues of cars parking illegally.

• Overdevelopment.

• Infrastructure is not capable of servicing the needs of the development.

• Kerbside parking along Madeleine Rod already reduces the width of the street to single lane and visibility is difficult due to curve in road reserve.

• Madeleine Road is a residential street and it is not appropriate to for commercial traffic to enter/exit to this street.

• Queuing of cars at Madeleine road and Carinish Road intersection will cause inconvenience to residents.

Public Information Session A public information session was held on 4 April 2017 at the Clayton Community Centre between 6pm and 8pm. Approximately 30 to 40 residents attended the meeting. Council Officers and representatives for the permit applicant were in attendance to answer any questions from the community. Attachment 4 details the location of objector properties. Referrals Traffic The application was referred to Council’s Traffic and Transport Department who raised issues with both the provision and access arrangements. These are considered in more detail later in the report. Drainage The application was referred to Council’s Drainage Engineers, who suggested a number of standard drainage requirements to be placed on any permit issued.

DISCUSSION:

Plan Melbourne 2017-2050/ Monash National Employment and Innovation Cluster The recently released Metropolitan Planning Strategy – Plan Melbourne 2017-2050 identifies the Clayton Activity Centre as a Major Activity Centre. In accordance with Map 2 (Melbourne 2050 Plan (Plan Melbourne 2017-2050) the

Council Meeting, 30 May 2017 Section 1.5 – Page 10

99-121 Carinish Road, Clayton - The Construction Of A Ten Storey Building Comprising

Supermarket, Retail Tenancy, Offices, Use Of Premises For A Childcare Centre, Including A Reduction In The Applicable Car Parking Requirement

site is also located within the Monash National Employment and Innovation Cluster, the purpose of which is; • To improve the growth and clustering of business activity of national

significance, particularly in knowledge-base industries.

These areas are to be developed as places with a concentration of linked businesses and institutions providing major contribution to the Victorian economy, with excellent transport links and potential to accommodate significant future growth in jobs and in some instances housing.

Recently the Victorian Planning Authority (VPA) has been undertaking public consultation and developing the draft of a framework plan to guide the future growth of the cluster. The framework plan provides a very broad mud map for the future land use of the cluster. The subject site is located in a precinct where the framework plan seeks to ‘improve public spaces, diversify business and residential intensification’

Conceptually, the current proposal is consistent with the vision for the Cluster and this particular location. It is also noted that the Monash National Employment and Innovation Cluster is one of o ly 7 such clusters identified in Plan Melbourne as places of state significance that will be the focus for investment and growth. Consistency with State and Local Planning Policies State Planning Policy relevant to this matter is varied and includes;

• To ensure a sufficient supply of land is available for residential, commercial, retail, industrial, recreational, institutional and other community uses (Clause 11.01-1)

• To create healthy and active neighbourhoods and maintain Melbourne’s identify as one of the world’s most liveable cities, including the creation of 20 minute neighbourhoods (Clause 11.0-4).

• To achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm, while minimising detrimental impact on neighbouring properties (Clause15.01-2).

• To encourage development which meet the communities’ needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities (Clause 17.01-1).

• To encourage higher land use densities and mixed use developments near railway stations, major bus terminals, transport interchanges, tramways and principal bus routes (Clause 18.01-2).

Council Meeting, 30 May 2017 Section 1.5 – Page 11

99-121 Carinish Road, Clayton - The Construction Of A Ten Storey Building Comprising

Supermarket, Retail Tenancy, Offices, Use Of Premises For A Childcare Centre, Including A Reduction In The Applicable Car Parking Requirement

• To promote the use of sustainable personal transport (Clause 18.02-1)

• To ensure an adequate supply of car parking that is appropriately designed and located (Clause 18.02-5)

Local Planning Policy expands on the State Planning Vision for the local area. The Strategic Framework Plan at Clause 21.03 identifies the site as being located at the edge of the Clayton Activity Centre, albeit, just outside of its northern boundary. Like Plan Melbourne, Clause 21.06 (Activity Centres) also identifies Clayton Activity Centre as a Major Activity Centre with its primary focus being; • Higher order goods • Specialty retailing • Entertainment • Mixed commercial uses • Offices • Apartments • Hotels • Community facilities • Public transport Table 1 (Hierarchy of Activity Centres in Monash) at 21.06-3 also identifies the Strategic Directions for Major Activity Centres encouraging redevelopment and concentration of activity, providing a range of entertainment, arts and restaurant uses, as well as encouraging office uses where contiguous retail frontage is not compromised. The MSS also includes local policy vision in relation to Traffic and Transport (Clause 21.08), Physical infrastructure (Clause 21.11), and Sustainability and Environment (Clause 21.13) which are all have broad relevance to this proposal. Clause 22.03 – Industry and Business Development Character Policy is also relevant in the assessment of the proposal. This policy applies to all land within the commercial zones and industrial zones and provides design guidelines to ensure that new development integrates with its context.

In accordance with the map at Clause 22.03, the subject site is located in Business Character Type 2. The desired future character statement indicates that new development should respect the scale and form of development of the relevant Activity Centre, while providing for appropriate change.

Clause 22.04 (Stormwater Management) applies to all land and seeks to ensure that new development considers stormwater management as part of the design. Clause 22.13 (Environmentally Sustainable Development Policy) applies to all residential and non residential developments that require a planning permit.

Council Meeting, 30 May 2017 Section 1.5 – Page 12

99-121 Carinish Road, Clayton - The Construction Of A Ten Storey Building Comprising

Supermarket, Retail Tenancy, Offices, Use Of Premises For A Childcare Centre, Including A Reduction In The Applicable Car Parking Requirement

This policy was introduced into the scheme on the 29 September 2016 and is relevant to this application. In accordance with clause 22.13-4, a Sustainability management Plan (SMP) is required to be submitted. Strategic Justification The proposal to develop the site for commercial uses (offices, childcare and supermarket) is considered consistent with the broader State and Local Planning Policy perspective. In particular, the site’s location within the Monash National Employment and Innovation Cluster, and adjoining the Clayton Activity Centre renders it a suitable candidate for commercial redevelopment. The site is also located within close proximity (150 metres) to the Clayton Railway Station and the redevelopment works to accommodate the proposed elevated rail (Level Crossing Removal Project) will remove the physical barrier to the Activity Centre by potentially providing through access beneath the proposed elevated railway structure. This will allow the subject site and adjoining commercial sites to have better pedestrian connection through to the main shopping area of the Activity Centre which is largely located south of the railway reserve. Although conceptually, the redevelopment of the site for commercial use is supported, the concern with the current proposal surrounds its scale, and its impact on the surrounding street network and residential neighbourhood in terms of traffic, access arrangements and intensity of use proposed. These matters are explored in more detail below. Commercial 1 Zone Provisions As discussed earlier, a planning permit is not required to use the subject site for the purposes of an office or retail use (i.e. Aldi supermarket), however the childcare centre use does require a permit. A permit is also required to construct the proposed building works and consider the reduced car parking provision associated with the development. Clause 34.01-6 sets out the application requirements for applications to use and development land within the Commercial 1 Zone. Decision guidelines specific to the Commercial 1 Zone are set out at clause 34.01-8 and these are considered in detail throughout the following assessment. Child Care Centre Use The proposal to include a childcare centre within the building is supported. The co-location of childcare and office/retail employment is something which should be encouraged in that a childcare centre will support people employed within this area. It is also noted that the site is located conveniently close to the Monash Medical Centre and would be attractive to hospital staff who may be looking for childcare close to their workplace. Building Scale

Council Meeting, 30 May 2017 Section 1.5 – Page 13

99-121 Carinish Road, Clayton - The Construction Of A Ten Storey Building Comprising

Supermarket, Retail Tenancy, Offices, Use Of Premises For A Childcare Centre, Including A Reduction In The Applicable Car Parking Requirement

The proposed building rises to ten storeys above ground level and has a total height of 37 metres. The proposed 10 storey building height extends to the Carinish road title boundary however is setback from Madeleine Road frontage from the fourth level (childcare centre) through to level 9 (10th storey). Ground floor through to level 3 (4 storeys in total) form a podium level base and are essentially constructed to all perimeter boundaries of the site. Clause 22.03 sets out clear policy statements to guide ‘Building height’ in Industrial and commercial zones throughout the municipality. In particular, it seeks to ensure (among other things).

• ‘Development complements and does not visually overwhelm surrounding buildings, roads or spaces in terms of building scale, height and bulk.

• Development conforms with the scale and high quality design suitable for the locality.’

• Medium rise development should be encouraged in the Brandon Park, Clayton and Mount Waverley major Activity Centres, except where an adopted Structure Plan, or some other mechanism has identified and appropriate height limit.

In addition, it encourages medium to high rise development (4-10 storeys) to locate within the Glen Waverley and Oakleigh Activity Centres, making a clear distinction between the expectations for the larger activity centres compared to the smaller centres such as Clayton, Mount Waverley and Pinewood. Having said this, it is acknowledged that the Victorian Planning Authority (VPA) has identified Clayton Activity Centre as a key location within the ‘Monash National Employment and Innovation Cluster’. In relation to building scale, the questions for consideration are therefore,

• Does the proposed ten storey building scale complement the surrounding area? Is it visually overwhelming?

• Is the scale of building suitable for this location? or, is it more suited to one of the larger Activity Centre such as Glen Waverley or Oakleigh?

Does the proposed ten storey building scale complement the surrounding area? Is it visually overwhelming? The scale of building proposed is significantly higher than the prevailing single and double storey commercial and residential developments in the immediate and broader area. A scattering of three level commercial uses exist north of the site along Clayton Road, most used for medical centre type uses around the Monash Medical Centre, which in itself only rises to 4 to 5 storeys. In the broader strategic sense, the site is considered suited to a more intense form of commercial development, being located at the edge of the Clayton Activity Centre which is in the heart of the Monash National Employment Cluster,

Council Meeting, 30 May 2017 Section 1.5 – Page 14

99-121 Carinish Road, Clayton - The Construction Of A Ten Storey Building Comprising

Supermarket, Retail Tenancy, Offices, Use Of Premises For A Childcare Centre, Including A Reduction In The Applicable Car Parking Requirement

and located directly adjacent to the Clayton Railway Station and within close walking distance to the Monash Medical Centre. However this does not mean that ‘anything goes’ in terms of building scale. Any development proposed for this site must take account of its immediate context, which in this instance is characterised by the sites direct abuttal to a low scale, residential neighbourhood typical to Monash, to its north and west, and low scale commercial development existing immediately to the east. In particular, commercial properties immediately east of the site fronting Clayton Road are predominantly single storey and the proposed 10 storey development will be significantly higher. Although the proposal does offer good quality architecture which will enhance the area and streetscape, the building is essentially out of scale with the surrounding built form in this area and beyond the expectations for this section of the commercial centre. Residents of Madeleine Road should expect that the subject site will be developed for commercial purposes and that the site can accommodate a scale beyond the prevailing 2 to 3 storey height currently characterising this location. However it is considered that the 10 storey scale is too ambitious for this site and does not take into account the existing low scale built form prevailing throughout the area. Is the scale of building suitable for this location? or, is it more suited to one of the larger Activity Centre such as Glen Waverley or Oakleigh? Buildings of the scale proposed are more suited to the heart of larger Activity Centres. The scale proposed in this instance is beyond Council’s expectations for the Clayton Activity Centre and periphery and not appropriate for this particular site given the characteristics of its immediate surroundings. Facade detailing and architecture Proposed architecture and facade detailing is of a high quality and is not in dispute. The contemporary facade detailing will enhance the Carinish Road streetscape at this location and set a precedent for high standards in the vicinity. The scale of development is the element of the design in dispute in this matter. Car Parking, traffic and access The requisite car parking spaces required under Clause 52.06 would be provided as shown in the following table: Proposed Car Parking Provision

Proposed Use Clause 52.06 requirement

Floor area Car spaces required

Proposed car parking

allocation

Car parking reduction

sought

Council Meeting, 30 May 2017 Section 1.5 – Page 15

99-121 Carinish Road, Clayton - The Construction Of A Ten Storey Building Comprising

Supermarket, Retail Tenancy, Offices, Use Of Premises For A Childcare Centre, Including A Reduction In The Applicable Car Parking Requirement

Supermarket 5 spaces per 100m2 of

leasable floor area

1500m2 75 spaces 74 spaces allocated

1 space

Retail tenancy 4 spaces per 100m2

228m2 9 spaces 2 spaces 7 spaces

Childcare Centre 0.22 per child 206 places 45 spaces 42 spaces 3 spaces

Offices 3.5 spaces per 100m2 of

leasable floor area

1344m2 256 spaces 188 spaces 68 spaces

Total 385 spaces 306 spaces 79 spaces

The above table indicates that a reduced car parking provision is being sought, with a total shortfall of 79 spaces. Most of the proposed car parking reduction comes from the office used (68 spaces). Council’s Traffic Engineers have offered the following comments in relation to reduced provision proposed.

• The shortfall of one car space for the Aldi supermarket is considered reasonable.

• The traffic report submitted with the application suggests that 10% of office trips could be multi-purpose trip with staff using the onsite childcare centre, resulting in a reduction of childcare centre parking demand from 45 spaces to 41 spaces. This is considered reasonable.

• The waiver of 7 car spaces requested for the smaller retail tenancy is considered appropriate. It is however recommended that at least 2 allocated staff spaces be provided on site.

• The proposed waiver of 68 spaces of the required 256 spaces for the office use (approximately 26% reduction requested) is not supported. There is significant long term parking demands in the area due to railway commuter parking which already impacts on residential streets around the site. It is not appropriate for office staff to further exacerbate this situation. While there may be some office staff who choose to travel via public transport, it is not expected that this would exceed 10% of office staff in this area. In addition, some discount has already been made for office/childcare multipurpose trips.

Other comments provided in relation to access include;

• Access to the retail car park via a narrow local road opposite residential properties is of concern. It is recommended that the supermarket car park would be better accessed via Carinish Road to contain traffic movements to the higher order road network.

Council Meeting, 30 May 2017 Section 1.5 – Page 16

99-121 Carinish Road, Clayton - The Construction Of A Ten Storey Building Comprising

Supermarket, Retail Tenancy, Offices, Use Of Premises For A Childcare Centre, Including A Reduction In The Applicable Car Parking Requirement

• The proposed widening of the laneway access along the northern and eastern site boundaries to allow for two way traffic flow between Carinish Road and the podium car park access/loading bay is considered acceptable.

• There is concern in relation to the proposed boom gates to the supermarket car park and the potential for queuing on Madeleine Road.

In its current form, the request to allow a reduced provision of office car parking on site is not supported by Council’s Traffic Engineers or Planning Officers. Loading Bay facilities An under croft loading bay facility is located at the north east corner of the site where abutting laneways intersect. The loading bay will remain open to the laneway (unsecured). The applicant is proposing that the Aldi delivery vehicles (14 metre trucks) and Waste disposal trucks will access the loading bay/ waste storage area via Madeleine Road laneway entrance and travel through to the eastern laneway where the truck will manoeuvre, reversing into the loading bay. Both Council’s Traffic Engineers and the applicants Traffic Engineers (TraffixGroup) recommend that deliveries be undertaken outside of the road network peak times, and in particular, not coinciding with the childcare or office peak traffic generating times. From a purely planning perspective, the location of the loading bay adjacent to the church car park and at the rear of adjacent Clayton Road commercial properties is considered acceptable. However given that the proposal is for a new development and not a retrofit of an existing facility, it is disappointing that the development could not be organised so that commercial delivery vehicles and waste disposal vehicles did not have to enter from Madeleine Road which is a residential street. Bicycle facilities Under clause 52.34 of the Monash Planning Scheme a total of 37 spaces is required, including 27 staff spaces and 10 short term spaces. The proposal includes provision for 1q23 bicycle spaces, including 10 spaces in the basement (suitable to meet the short term and supermarket staff parking requirements), and a further 113 bicycle parking spaces over the three upper parking levels for office staff. The bicycle facility requirement is satisfied.

CONCLUSION:

The concept of developing the site for a mixed use commercial development is supported. The proposed office and supermarket uses are ‘as of right’ within a Commercial 1 Zone. The proposed childcare use is considered appropriate to this location and is supported.

Council Meeting, 30 May 2017 Section 1.5 – Page 17

99-121 Carinish Road, Clayton - The Construction Of A Ten Storey Building Comprising

Supermarket, Retail Tenancy, Offices, Use Of Premises For A Childcare Centre, Including A Reduction In The Applicable Car Parking Requirement

The issues with this application relate to the scale of development and the inadequate provision of on-site car parking proposed for the proposed office use. The height of the building cannot be justified through existing policy and is significantly out of scale with surrounding residential and commercial built form. The site’s location at the interface of the commercial and residential zones requires a more sensitive design approach with regard to building scale and traffic/access issues. The impacts on the vicinity are considered unreasonable and the application in its current form is not supported.

Council Meeting, 30 May 2017 Section 1.5 – Page 18

99-121 Carinish Road, Clayton - The Construction Of A Ten Storey Building Comprising

Supermarket, Retail Tenancy, Offices, Use Of Premises For A Childcare Centre, Including A Reduction In The Applicable Car Parking Requirement

LIST OF ATTACHMENTS: Attachment 1 – Proposed Development Plans. Attachment 2 – Aerial Photograph (December 2016). Attachment 3 – Zoning and Overlays Map. Attachment 4 – Objector Properties Location Map.