future melbourne [insert portfolio] …€¦ · attachments: 1. supporting attachment 2. locality...

Attachments: 1. Supporting Attachment 2. Locality Plan 3. Proposed Plans 4. Delegate Report

Report to the Future Melbourne (Planning) Committee Agenda item 6.1 Ministerial Planning referral: TPM-2014-11, 9-23 MacKenzie Street, Melbourne

5 August 2014

Presenter: Daniel Soussan, Planning Co-ordinator

Purpose and background

1. The purpose of this report is to advise the Future Melbourne Committee of a Ministerial Planning Application (Reference 2014/000838) for 9-23 Mackenzie Street, Melbourne. The application has been referred by the Department of Transport, Planning and Local Infrastructure (DTPLI).

2. The applicant is Contour Consultants, the architect is Cox Architects and the owner is UEM Sunrise.

3. The subject site is currently an open-lot public car park located on the south-west side of Mackenzie Street facing the intersection of MacKenzie Street and Victoria Street at the southern termination of Drummond Street. The site is bounded on the west and south by Bell Place, a public lane that connects south through to La Trobe Street. (Refer Attachment 2, Locality Plan)

4. The application seeks approval of a residential tower over ground and lower ground floors providing car and bicycle parking and three retail tenancies and a loading dock. A six storey podium and curved tower will provide 473 apartments over 38 levels. (Refer to Attachment 3, Architectural plans and images).

5. The Minister for Planning is the Responsible Authority for determining applications over 25,000 square metres gross floor area. The proposal has a gross floor area of 44,484 square metres. The subject site is zoned Mixed Use and included in Parking Overlay Schedule 12. The application is not exempt from notification and review. DTPLI has advised that four objections have been lodged.

Key issues

6. The key issues for consideration are the height and scale of the building, particularly having regard to its location at the termination of Drummond Street and the internal amenity of the apartments.

7. The site is located in an area where the MSS seeks a transition in scale between the Capital City Zone and lower scale development in Carlton. The building, at 38 storeys, is comparable in height to the 33 level building constructed at 33 MacKenzie Street to the west and the approved but not commenced development of 35 storeys at 36-40 La Trobe Street to the south. Behind this, in the central city proper, is the 57 storey development at 318 Russell Street (known as Abode). Against this backdrop, and having regard to the other approvals in the immediate vicinity, the proposal is considered to deliver a contrast in scale.

8. The podium is aligned to the street frontage but the tower is curved and features a ‘conservatory’ element at the top. The footprint of the tower is largely a response to conditions on adjoining land to maintain equitable outlook and amenity and future development rights of adjoining sites.

9. The major concerns raised by this application include: internal amenity, particularly bedrooms relying on light and ventilation from deep balconies and winter gardens. This has been discussed with the permit applicant and it is considered that it is a matter that can be addressed by permit conditions requiring some redesign.

Recommendation from management

10. That the Future Melbourne Committee advise the Department of Transport, Planning and Local Infrastructure that it supports the issue of a Notice of Decision to Grant a Permit, subject to conditions to improve internal amenity and manage the widening of Bell Place.

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1

Supporting Attachment

Legal

1. The Minister for Planning is the Responsible Authority for determining the amended application. Pursuant to Clauses 32.04-12 (Mixed Use Zone) and 43.02 (Design Development Overlay) of the Melbourne Planning Scheme the application is not exempt from the notice requirements in section 52(1)(a), (b) and (d), the decision requirements in section 64(1),(2) and (3) and the review rights of section 82(1) of the Planning and Environment Act 1987.

Finance

2. There are no direct financial implications arising from the recommendation contained in this report.

Conflict of interest

3. No member of Council staff or other persons engaged under contract, involved in advising on or in preparing this report has declared a direct or indirect interest they have in relation to the matter of the report.

Stakeholder consultation

4. DTPLI has notified the municipal authority and the owners and occupiers of adjoining land of the application. It is understood that four objections have been lodged with the Department, including a petition from owners and occupiers of 33 Mackenzie Street, Melbourne.

Relation to Council policy

5. Relevant Council policies are set out in the attached delegate report (refer to Attachment 4).

Environmental sustainability

6. Clause 22.19 Energy, Water and Waste Efficiency and Clause 22.23 of the Melbourne Planning Scheme require the proposal to demonstrate that it can achieve a 5-star Green Star multi-unit residential rating or equivalent, a Wat-1 credit for water usage, a waste management plan in accordance with City of Melbourne 2014 guidelines and sustainable stormwater management. The report submitted with the proposal does not currently meet this requirement, and a condition of permit is recommended to address this.

Attachment 1 Agenda item 6.1

Future Melbourne Committee 5 August 2014

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LOCALITY PLAN 9-23 MACKENZIE STREET of 31

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Attachment 2 Agenda item 6.1 Future Melbourne Committee 5 August 2014

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PLANNING REPORT

MINISTERIAL REFERRAL

Application number: TPM-2014-11

DTPLI Application number: 2014/000838

Applicant / Owner / Architect: Contour Town Planners, UEM Sunrise, Cox Architects.

Address: 9-23 MacKenzie Street, MELBOURNE VIC 3000

Proposal: Construction of a multi-storey building comprising residential apartments, and retail premises Ref 2014/000838

Date received by City of Melbourne:

11 March 2014

2 May 2014 (Amended )

Responsible officer:

Report Date:

(DM# 8532914)

Josephine Lee

10 July 2014

1. SUBJECT SITE AND SURROUNDS

1.1. The site

Inspections of the site and surrounding area have been undertaken frequently before and since the application was lodged. The site has a total area of 2,035m2 and is currently used as an open-lot, public car park.

The site is not affected by any easements or restrictive covenants. It is rectangular in shape with a frontage of 40.34m to Mackenzie Street and boundaries with Bell Place and a Council Lane to the west and south. The site falls gently from MacKenzie Street towards the southern boundary, where it is almost 3m lower.

1.2. Surrounds

The subject site is located on the north side of a city block that is outside the Hoddle Grid and is zoned Mixed Use. Many of the surrounding sites have been redeveloped over the past 30 years including the former Police Headquarters at the western (Russell Street) end, which now includes the 26 level residential apartment tower known as Concept Blue. At the south-east corner (Exhibition and La Trobe Street) is the 18 level Mantra on the Park Hotel. Sites adjoining the subject site have been developed as follows:

To the north the site faces the intersection of MacKenzie Street and Victoria Street at the southern termination of Drummond Street. Land on the south-west corner of MacKenzie Street and Victoria Street is occupied by a petrol filling station.

Abutting the south-west corner of the site is a converted historic building known as the Sefton Apartments at 30 La Trobe Street. West of this on the other side of Bell Place is 36-40 La Trobe Street where a permit (TP-2011/471/A) has been issued for a 35-level residential tower. Development has not commenced.

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Adjoining this site to the west in La Trobe Street is a four-storey building with residential apartments on the upper floors.

Abutting the east boundary is a seven level car park associated with the 18 storey Mantra on the Park Hotel located at the corner of Exhibition Street and La Trobe Street.

To the west at 33 MacKenzie Street is a recently completed 33 level residential apartment building with a shop and a fitness centre on the ground floor and vehicle access from Grange Place on the west side.

Bell Place is a local lane running south from MacKenzie Street along the western edge of the site, then turning east along part of the southern boundary before turning south again and connecting through to La Trobe Street. The northern section is currently on the title to the subject site, while the southern section is known as Corporation Lane 1266. Due to the right-angle corners in a lane generally 3 metres wide, motor vehicles cannot use Bell Place as a through route.

Locality Plan

2. THE PROPOSAL

The plans referred to the City of Melbourne for comment on 3 March 2014 were superseded by amended plans received on 5 May 2014 after a joint further information request made by the Department of Planning and Transport Infrastructure (DTPLI) and City of Melbourne.

The application proposes the following uses:

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Dwelling Total number of dwellings: 473

One bedroom dwellings/apartments: 214

Two bedroom dwellings/apartments: 239

Three or more bedroom dwellings/apartments: 20

Shops Two: 98sqm and 142sqm.

Food and drink premises 60sqm

The specific details of the proposal are as follows:

Building height 124 metres (37 storeys plus curved roof feature above)

Podium height 17 metres (six storeys)

Front, side and rear setbacks above the podium, which is built generally to the boundaries

North -11 metres, reducing to 2.1m (minimum) for the

leading edge of the curved tower

South –Minimum 2985mm, average 5m and significantly

more at the southwest corner of the site.

West –Minimum 3110mm, increasing to 10m.

East – Minimum 5m, increasing towards front of site.

Gross floor area (GFA) 44,484sqm

Car parking spaces 123

Bicycle facilities and spaces

557 (377 storage cages and 180 bicycle racks)

Loading/unloading On site

Vehicle access Via Bell Place

3. BACKGROUND

3.1. Pre-application discussions

The key issues raised at the pre-application meeting were:

Height and setbacks

Wind impacts

Internal amenity

Impact on Bell Place

The plans lodged with the application were not significantly different to those presented at the pre-application meeting. As a result of wind tunnel-testing, the front and Bell Place facades have been further articulated. The designation of the ground floor commercial areas has been amended and some changes have been made to the car parking areas. An updated Traffic and transport Assessment was provided in response to comments by Engineering Services.

3.2. Site history

The following planning permits issued for this site and surrounding sites are considered relevant to this application:

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Application

Number Description of Proposal Decision and

Date of Decision

TPM-2008-66 Development of a 32 storey building for 372 dwellings, shop and licenced food and drink premises at 33 MacKenzie Street

Permit 9 August 2009

TPM-2006-23 Development of an 18 storey building for offices on the combined sites of 9-23 and 33 MacKenzie Street.

Permit 31 May 2007

Did not proceed. Land on either side of Bell Place sold separately.

TP-2010-930 Subdivision and removal of a right of way and easement

Permit 9 July 2012.

TP-2010-990 Development of a 41 storey residential building at the rear of 58-66 La Trobe Street.

Refusal by City of Melbourne upheld by VCAT.

TP-2010-471/A

Development of a 37 level residential apartment building

Permit 22 March 2010 - amended 3 April 2014.

4. PLANNING SCHEME PROVISIONS

The following provisions of the Melbourne Planning Scheme apply:

State Planning Policies

Clause 11 Settlement

Clause 15 Built Environment and Heritage

Clause 16 Housing

Clause 17 Commercial Development

Clause 18 Transport

Municipal Strategic Statement

Clause 21.01 Municipal Strategic Statement

Clause 21.06 Built Environment and Heritage

Clause 21.07 Housing

Clause 21.11 Local Areas

Local Planning Policies

Clause 22.02 Sunlight to Public Places

Clause 22.17 Urban Design Outside the Capital City Zone

Clause 22.19 Energy, Water and Waste Efficiency

Clause 22.20 CBD Lanes (Applies to Bell Place)

Clause 22.23 Stormwater management

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Statutory Controls

Mixed Use

Zone

No permit is required to use the land for a dwelling. Pursuant to

Clause 32.04-5 a permit is required to construct two or more

dwellings on a lot.

As the floor areas of the three tenancies do not individually

exceed 150sqm, a permit is not required for the proposed uses of

shop or food and drink premises.

Parking Overlay

12

A permit is required to provide parking in excess of the maximum

of one space per dwelling.

Particular Provisions

Clause 52.06, Car Parking

A permit is required to:

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.

A reduction of 4 spaces per 100 sqm is required for the retail floor space of 300sqm = 12 spaces.

Clause 52.07, Loading and Unloading of Vehicles

A waiver is not required as provision is made in accordance with Clause 52.07.

Clause 52.34, Bicycle Facilities

The application provides 180 bicycle racks plus 377 storage cages large enough for a bicycle, which exceeds the statutory requirement, therefore no permit is required.

Clause 52.35, An Urban Context Report and Design Response for Residential

Development of Four or More Storeys has been provided with the

application.

Clause 52.36, Integrated Public Transport Planning

An application for an excess of 60 dwellings must be referred to PTV for comment. This is the responsibility of DTPLI.

General Provisions

Clause 61.01 –Administration and enforcement of this scheme

The Minister for Planning is the responsible authority for this planning permit application as the total floor area of the development exceeds 25,000 square metres.

Clause 65

Approval of an application or plan

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5. PUBLIC NOTIFICATION

The application has been referred to the City of Melbourne in accordance with Section 52(1)(b) of the Planning and Environment Act 1987, DTPLI has given notice of the application to the City of Melbourne and the owners and occupiers of adjoining land.

DTPLI has advised that four objections have been received, including a petition from owners/occupiers at 33 MacKenzie Street.

6. REFERRALS

The application was referred to a number of internal departments, whose comments are summarised below.

6.1. Urban Design (In full)

‘Scale and appropriateness

We understand the site to be both outside the Central City and the traditional Hoddle Grid (not outside the “Hoddle Grid Local Area” as defined in the MSS, of which it is a part).

As such the building needs to appear not of the Hoddle grid, in scale, so as to make the surrounding area of the Hoddle Grid within which it sits, in contrast to the Hoddle Grid.

There is nothing in the proposed form, mass, or scale of the proposed building that makes this building appear in contrast to the overriding appearance of buildings in the Hoddle Grid, or to the potential unlimited height of future buildings in the Hoddle Grid.

The view down Drummond Street to the proposed building, in particular, depicts a building scale and character that is not of the surrounding area (i.e., outside the Hoddle Grid).

The curvilinear shape of the building amplifies the large floor plate and affords a very “commercial” character which serves to highlight the building’s apparent difference to the mixed and residential buildings of the same surrounding area. The tiered apex of the building, designed to be recessive, together with the decorative superstructure, actually accentuate the building “as object” in space, and signify the building’s commercial character and difference to the area within which it sits (i.e., outside the Hoddle Grid).

Podium-Tower Type

The podium-tower type does not make for a strong address on Mackenzie Street.

The tower shape and setback makes the building an object unto itself, not unto the public realm. The tower randomly floats in space, unanchored to the city grid or street alignments.

The extensive Level 5 podium private communal open space is not of a high , being compromised due to it being peripheral, not integral to the building, open to wind, over-looked by residents in the tower above, and artificial (on

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structure). In this regard, it appears extremely wasteful of resources and opportunities.

We would support investment in private communal open space livings systems at the ground level, where nature can be established and can mature, and where the space contributes visual and climatic amenity to the interior of dwellings, and where open space occupants have a sense of setting/ place that has been prioritised in the design, rather than being left over to the building.

Balconies and Terraces

Similarly, upper Terraces and Level 4a Balconies are peripheral, extensive and wasteful. Most Level 4a balconies are either equal to, or greater in area than, the apartment interiors.

All of the Bell Place lower ground frontage is inactive being service-based.

Over two-thirds of the Bell Place ground floor level is inactive, being carpark entrance and services.

Lower Ground and Ground Floor Plans

Both these treatments make for an inactive public realm for what are important pedestrian linkages, despite any amount of coloured treatment, as proposed.’

6.2. Land Survey

The owner of the subject land also owns the Title Volume 8901 Folio 661 for Bell Place which is a Council Laneway - this title must be transferred to or vested in Council as a road before or at the same time as the widening of Bell Place as shown on the proposed development plans.

The following conditions must be included on any Permit granted:

‘Prior to the commencement of works the land in Volume 8901 Folio 661 must be vested in (or transferred to) Council as a Road.

Prior to the use and occupation of the development the widening of Bell Place to the 5.5 metre set back line must be vested in Council as a Road on a plan of subdivision - unlimited in depth and limited in height to 5 metres above site level.’

The current plans for the proposed development need to be amended to provide for a 5 metre clearance from site level for the widened portion of Bell Place, to accord with the Road Encroachment Guidelines.

6.3. Traffic and Transport

Statutory maximum car parking rates apply and the provision of 123 spaces is appropriate in this location.

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Residents will not be eligible for a parking permit and there is limited opportunity for visitor parking on nearby streets.

A waiver of car parking for the three commercial tenancies is acceptable.

The car park layout generally accords with the relevant standards with the exception of one space on each level that would impede access to the car lift.

A warning lighting system and or signage is required for exiting vehicles to watch for pedestrians and cyclists.

All queuing for the car lifts to be within the site.

At least three bicycle spaces for customers in a publicly accessible location.

6.4. Civil Engineering

Doors must be redesigned so they do not project outside the alignment of the widened lane.

All projections over the street alignment must comply with the Building Regulations and the City of Melbourne Road Encroachment Guidelines.

A minimum 4.5m vertical clearance is required for any projection over Bell Place.

The street light pole and sewer vent in Bell Place must be relocated to relevant authority standards and approval.

The footpath in MacKenzie Street in front of the site must be upgraded and reconstructed in sawn bluestone.

6.5. Waste Management.

Confirmation required that the dual chute system can be accessed on all levels.

Preference for on-site compaction due to the high volumes of daily waste.

The loading dock and bin rooms are of adequate size.

(An updated Waste Management Plan responding to these comments and complying with the 2014 guidelines has now been submitted).

7. ASSESSMENT

The application to redevelop a vacant site at the north edge of the city with a tower comprising 470 apartments raises the following issues for consideration:

Built form and height

Amenity impacts for adjoining land

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Internal amenity

Vehicle access

Ground floor activation.

7.1. Built Form and Height

As highlighted in the Urban Design comments above, the subject site is located outside the Capital City Zone but from a strategic perspective has been considered as part of the “Hoddle Grid Local Area” in the Built Form section of the Municipal Strategic Statement.

The relevant Strategy 1.2 of Objective 1 “to reinforce the City’s overall urban structure” states:

‘Ensure a strong distinction between the built form scale of the Central City with that of development in surrounding areas.

In response to the urban design comments about scale, the applicant has submitted as follows:

‘The Municipal Strategic Statement includes various framework plans that clearly show the site within the Central City and within the Hoddle Grid. This is discussed in the Town Planning and Urban Context Report that was lodged with the application.

The site is however, located within an area to the north of Latrobe Street where policy promotes a lower scale than the ‘Hoddle Grid’ to provide a contrast in scale to Carlton and a contrast in scale to the ‘Hoddle Grid’. Whilst reference to ‘Hoddle Grid’ is a bit confusing (given that the site is actually included in the Hoddle Grid), the proposed development has been designed to achieve this strategy by providing a contrast with the built form scale to the area south of Latrobe Street and a contrast with the built form scale of Carlton. This is clearly evident from the attached photos which show the neighbouring building at 33 Mackenzie Street in the foreground of the taller building under construction in Russell Street, to the south of Latrobe Street. It is also evident from views looking east from Victoria Street where the building will sit in the foreground of taller buildings on both the northern (approved and under construction) and southern (existing) sides of Victoria Street. This is evident from the visual analysis prepared by the architects in the Urban Context Report that accompanied the application.

The Urban Design Outside the Capital City Zone Policy also provides guidance in relation to building scale. It seeks to ensure that development complements the scale, siting, massing and bulk of adjoining and nearby built form. It also seeks building height that respects existing and emerging built form character. The proposed building is respectful of the height of existing (33 Mackenzie Street) and approved (36-40 Latrobe Street – 37 storeys) neighbouring buildings and clearly satisfies this policy.

The curvilinear building form will produce an attractive architectural outcome. We do not agree that it will have a ‘commercial’ appearance and instead consider it to be an appropriate built form response to this location.’

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Considering both of these positions, and with reference to the immediate site context, it is considered that the proposal is site-responsive and has carefully considered the amenity impacts and future development rights of adjoining sites.

At 38 levels, it will be the tallest building in this part of the city and the design of the upper levels (the ‘Conservatory’ element that is proposed to be referred to in the name of the project), does accentuate the height.

Importantly, since this application was lodged a new development of 57 levels at 318 Russell Street, known as Abode, has reached its full height and is also prominent behind 33 MacKenzie Street when viewed looking south from the Drummond Street and Queensberry Street corner. Against this backdrop, the height proposed for the subject site will deliver the contrast in scale sought by the strategic guidelines.

The applicant has submitted for discussion purposes drawings of a lighter version of the conservatory structure for the top of the building, which has finer curved elements and more glazing visible. This is considered to be an improvement from some critical angles and it is recommended that this alternative design be adopted.

On the matter of the tower-podium typology, it is recognised that the setbacks have been driven by the desire to provide adequate setbacks to maintain an equitable access to sunlight, daylight and outlook for the occupiers of surrounding buildings. This form also maintains development rights for adjoining sites by setting the podium at a modest height.

The resulting expansive podium roof level communal space and private balconies have been turned to an advantage in that the resulting apartments will differ from the majority being offered to the current inner city market.

7.2. Amenity Impacts on Adjoining Land

The location and design of the tower has been driven by the need to maintain equitable access to daylight and outlook for the occupiers of adjoining land. It is considered that the design response has identified the most sensitive locations on adjoining land, including the approved but unbuilt development at 36-40 La Trobe Street, which is set back only 2.69m from the south side of Bell Place.

Accordingly minimum separation distances from habitable room windows and balconies on adjoining sites are at least nine metres and in addition screens are used to maintain privacy for both dwellings.

For existing low-rise dwellings south of the site at 30-34 La Trobe Street and 42 La Trobe Street the separation from north-facing windows and balconies has been increased to ensure that access to daylight and a view of the sky is maintained, although overshadowing will inevitably occur when the sun is at lower angles.

Overshadowing of the podium level communal open space and swimming pool at 33 MacKenzie Street would occur even with a substantially less tall development on the subject site, due to the location of these amenities south and east of the tower within that site.

Wind tunnel testing for a model of this building also included the podium and outdoor Level 27 areas at 33 MacKenzie Street to the north. The results show that the proposal has little effect at these locations and could improve conditions for wind directions where the development on this site will have a shielding effect.

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7.3. Internal Amenity

The subject application will result in a further increase in density in a city block which already has more than 150 dwellings per hectare and is one of the more dense outside the Capital City Zone. A recent decision by the Victorian Civil and Administrative Tribunal (VCAT) for a 36 storey residential building on another site in the same block at 58-66 La Trobe Street stated:

‘Rather than attempting to maximise the intensification of the site, it may be that a more modest yield could produce dwellings with an acceptable level of amenity both for future residents and those in adjoining buildings’

Many of the proposed apartments in that development had a deep/narrow layout, no windows in bedrooms, poor circulation in kitchens, inadequate storage space and poor access to natural light and air.

This application seeks to avoid some of the issues identified with that development. Floor to ceiling heights will be generally 2.7m and the curved shape of the tower and the resultant setbacks, increases the number of apartments that have solar access that will not be obstructed by development on adjoining sites in the future.

The internal layouts and relatively small sizes of some apartments are however a concern and clarification is required about the amount of natural light and ventilation available in some of the proposed layouts.

Detailed floor layout diagrams illustrate how the sliding glazed panels will be used to ensure that the deep balconies can function as’ winter gardens’ and also provide light and ventilation to bedrooms.

The depth (and width) of many of these ‘saddlebag’ type arrangements for light and ventilation to bedrooms is however less than ideal. Should the Minister issue a permit it is recommended that a condition be required to improve the amenity of these apartments. This might include (amongst other potential design solutions), a reduction in length of the corridor / balcony, increases to the width of the corridor / balcony space, removal of fin walls (or replacement with more translucent material) and the removal of some balcony elements (to create double height spaces). This has been discussed with the permit applicant and the project architect and is something that they have advised they are willing to work on with both the City of Melbourne and DTPLI, following the issue of a permit to ensure an appropriate outcome.

There are three apartments which appear to have entirely internal bedrooms relying on borrowed light from other bedrooms or perhaps from the corridor (3406, 3505 and 3604 on levels 34, 35 and 36 respectively). These are unacceptable and will require a redesign to provide natural light. These are large (3-bedroom) apartments where there appears to be scope for an improved layout. Again, this is a matter that has been raised with the permit applicant.

The outdoor areas have been carefully designed to maximise solar access and avoid

wind impacts. Structural elements are included at podium level to provide sheltered

outdoor spaces for the enjoyment of residents. Internally, access to car parking,

bicycle and general storage and provision for waste collection is well designed.

7.4. Environmentally Sustainable Design (ESD) & Wind Impacts

The Sustainable Design Statement submitted with the application does not demonstrate that the building will achieve the 5-Star Green Star rating required by the local policy for Energy, Water and Waste Efficiency (Clause 22.19 of the MPS).

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It will be recommended to the DTPLI a that a condition be included requiring the submission of a report that demonstrates the preliminary design potential to achieve this, and a condition 1 requirement to incorporate any design changes that might be a required as a result of this report.

The conclusions of wind tunnel testing carried out on a scale model of the building, which does not rely on any street trees, concludes that wind conditions in adjoining streets and lanes will be on or within the criterion for walking comfort and for many wind directions they will be approaching the criteria for stationary activities. The wind conditions on the podium were also studied and wind mitigation measures have been included with the design of these spaces.

7.5. Vehicle Access

There is an existing 6 metre wide crossing to MacKenzie Street serving the west part of the public car park currently operating on the site. Under the proposal, this crossing becomes redundant, allowing for the creation of one additional parallel parking space on the street.

The portion of the north-south section of Bell Place that is currently on the title of the subject site has a carriageway width of 3875mm however the existing crossing from MacKenzie Street is approximately 6m wide. When the development at 33 MacKenzie Street was constructed, a 1 metre wide footpath was constructed along the west side with the building podium extending over to the title boundary.

The proposal as submitted is to set the building back 1.8m from the Bell Place title line to create a carriageway 5.5 metres wide, with parts of the building at ground and lower ground setback further to allow for some outward opening doors within the site.

The plans show this 1.8m wide strip with a paved surface (compared to the asphalt of Bell Place) to indicate that it remains in private ownership and the widening is to serve the subject site. A condition of the permit will require this road to be transferred to the City of Melbourne. To allow for two-way movements into and out of the site, it is proposed to set the building back from the Bell Place boundary by a further 2830mm at ground level only, with projections above and below. This section of trafficable area within the site boundary will allow for manoeuvring vehicles and queuing.

Bell Place drops moving south from MacKenzie Street and the minimum 4.5m clearance required for large vehicles to access the loading dock is achieved over the full (widened) lane at the entrance.

At level 1, the building will project over to the Bell Place boundary and will have a vertical clearance of approximately 4m below apartment 105 that is located above the food premises tenancy at the north end. The applicant’s traffic engineer has recommended maintaining a kerb to prevent vehicles using this part of the road. This does not meet the Road Encroachment Guidelines and is not acceptable. It is likely that this apartment will also have poor amenity due to noise beside and below and would be better deleted or redesigned as part of the apartment above to create a safe vertical clearance above the laneway surface.

Further, it is noted that the angled fins affixed to the north elevation of the podium levels extending around the corner units above Bell Place, which have a wind mitigation function, would also encroach into the cleared space required if apartment 105 is not significantly modified.

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The loading dock has a floor to floor height of 6.2m giving a 5.5m internal clear height, allowing for a partially graded for to match the slope of Bell Place adjacent to this part of the site. These dimensions will allow for deliveries and provides sufficient clearance for an 8.8m long rear- lift vehicle as operated by the Council waste collection contractor.

The waste management plan submitted in response to the further information request appears to meet the requirements of the City of Melbourne 2014 guidelines. With over 400 residential units, the provision of on-site compacting facilities for residential waste collected via a chute with inbuilt sorting of garbage and recyclables is economic. This system will allow for a Council collection for the residential waste and the separately sorted and stored commercial waste will require more frequent private collection.

The dimensions and arrangements of the loading area meet the requirements of Clause 52.07 of the MPS and therefore a permit is not required to waive the loading requirements of the commercial component of the development. All other issues relating to car parking and access are minor and can be addressed by conditions.

7.6. Ground Floor Activation

The generous footprint of the podium compared to the tower above, combined with the slope of the land, has allowed the majority of the building services, including the electrical substation to be located internally. An on-site loading dock and waste compactor are provided, together with adequate private car parking, ample bicycle parking and storage lockers. Two car lifts will ensure that queuing in Bell Place is avoided.

The Mackenzie Street frontage will have three retail tenancies, including a food and drink premises to create an inviting and active, wide entrance area. Glazing around the entrance to Bell Place will allow for natural surveillance. However, the remainder of the west wall at laneway level will be devoted to vehicle entrances. An artwork is proposed to decorate the side wall of the car lift beside the entrance to the lower ground floor bicycle store, in addition to the vehicle entrances, to add visual interest at pedestrian level.

Direct access for cyclists from Bell Place to this storage area will encourage riders to use the southern part of Bell Place to access the city and this route will also be available to pedestrians.

The east-west section of Bell Place connecting through to La Trobe Street will be bordered on its north edge by a wall with a maximum height of 6.8m, set back above a minimum of 2m to improve the amenity of this through-block link.

7.7. Conclusion

Although located in the Mixed Use Zone and outside the traditional Hoddle Grid, it is considered that the proposal meets a key objective for the Hoddle Grid and Urban Renewal area, which is to ensure occupancies in new tower buildings are well spaced and offset to provide good access to an outlook, daylight, sunlight and to minimise direct overlooking between habitable room windows.

The proposal will be marginally taller than other towers in this block but is still considered to provide the transition in scale sought by the MSS. Adopting the lighter version of the conservatory feature will assist with sky-line integration.

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There is, however, concern about light and ventilation for some bedrooms in some apartments. In this particular case there are opportunities to address this through detailed design and revised floor layouts, and as such this could be addressed via condition.

It is considered that the applicant has responded positively to most of the issues identified at pre-application stage and provided all of the further information requested. As a result the proposal is considered worthy of support subject to some detailed design changes and standard conditions to address construction matters.

8. OFFICER RECOMMENDATION

That a letter be sent to DTPLI advising that the City of Melbourne offers in principle support for the proposal subject to the following conditions:

1. Prior to the commencement of the development hereby approved, including demolition, the applicant must submit to the Responsible Authority three copies of plans drawn to scale generally in accordance with the plans accompanying the application but amended to show:

a. Redesign of apartments 3406, 3505 and 3604 on levels 34, 35 and 36 respectively, to provide natural light and ventilation to all rooms.

b. The internal design of all apartments revised to ensure adequate daylight and ventilation to all bedrooms and living areas.

c. The dimensions of the projection over MacKenzie Street of the perforated shading fins to be shown and the vertical clearance beneath the fins to be a minimum of 1700mm.

d. Any changes as result of the ESD report required by condition 10.

e. Details of all additional energy efficiency measures required to achieve a five star Green Star rating under the Green Star Multi-Unit Residential tool to meet the objectives of Clause 22.19 of the Melbourne Planning Scheme.

f. The footpath crossing to Bell Place adjacent the subject land reconstructed in asphalt.

g. Footpath and kerb and channel in Mackenzie Street, including replacement of the redundant eastern crossing, reconstructed in sawn bluestone to City of Melbourne standards.

h. Apartment 105 removed or redesigned so that no part of the structure is less than 4.5m above the finished ground surface below.

i. A 4.5m minimum vertical clearance for all structure above any part of Bell Place and vehicle entrances, including within the title boundary.

j. Provision of at least three parking spaces for cyclists in a publicly accessible location within the site boundary.

k. A warning lighting system and or signage is required for exiting vehicles to watch for pedestrians and cyclists.

l. Provision of convex mirrors to ensure that drivers can view the full length of the curved vehicle ramps.

m. Car spaces 001, 101, 201, 301 and 401 removed from the plans to avoid obstruction of the adjoining car lifts.

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n. The design of the upper levels modified in accordance with revised drawings TP15, TP-16, TP-17 and TP-18 Revision 2.

o. Clarification that the design of the food and drink premises will not allow for serving directly to customers on an adjoining footpath, including within Bell Place.

These amended plans must be to the satisfaction of the Responsible Authority and when approved shall be the endorsed plans of this permit.

2. The development as shown on the endorsed plan(s) must not be altered or modified without the prior written consent of the Responsible Authority.

3. A schedule and samples of all external materials, colours and finishes must be submitted to the satisfaction of the Responsible Authority prior to the commencement of the development. The schedule must show the materials, colours and finishes of all external walls, roof, fascias, window frames, glazing types, doors, balustrades, fences and paving.

4. Prior to the commencement of the development, including demolition or bulk excavation, a detailed construction and demolition management plan must be submitted to and be approved by the Responsible Authority. This construction management plan is to be prepared in accordance with the City of Melbourne - Construction Management Plan Guidelines and is to consider the following:

a. public safety, amenity and site security;

b. operating hours, noise and vibration controls;

c. air and dust management;

d. stormwater and sediment control;

e. waste and materials reuse; and

f. traffic management.

5. Prior to the occupation of the development, the Waste Management Plan (WMP) prepared by Leigh Design dated 16 April 2014, or an alternative first approved by the City of Melbourne endorsed under this permit, must be implemented. Any changes to the Waste Management Plan must be approved by the City of Melbourne.

6. Prior to the commencement of works the land in volume 8901 folio 661 must be vested in (or transferred to) the City of Melbourne as a Road.

7. Prior to the use and occupation of the development the widening of Bell Place to the 5.5 metres set back line must be vested in Council as a Road on a plan of subdivision, unlimited in depth and limited in height to 5 metres above site level.

8. All projections over the street alignment must conform to the Building Regulations 2006, Part 5, Sections 505 to 514 as appropriate. Reference should be made to the City of Melbourne’s Road Encroachment guidelines with respect to projections, which must be drained to a legal point of discharge in accordance with plans and specifications first approved by the Responsible Authority.

9. Prior to the commencement of the development excluding any demolition, bulk excavation, a detailed landscape plan prepared by a suitably qualified landscape architect must be submitted and approved by the Responsible Authority in consultation with the City of Melbourne. This plan must include:

a. A schedule of all soft and hard landscaping and treatments.

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b. Urban design elements including, but not limited to, paving, lighting, seating and public art, and clear demarcation of public realm and private spaces, including arrangements for pedestrian, bicycle and vehicular circulation.

c. How the project responds to water sensitive urban design principles, including how storm water will be mitigated, captured, cleaned and stored for onsite use and the location and type of irrigation systems to be used including the location of any rainwater tanks to be used for irrigation.

d. Planting schedule of all proposed trees, shrubs and ground covers, including botanical names, common names, pot sizes, sizes at maturity, and quantities of each plant.

This landscape plan must be to the satisfaction of the Responsible Authority and when approved must be implemented prior to occupation of the building.

10. Prior to the commencement of the development, an Environmentally Sustainable Design (ESD) Statement shall be prepared by a suitably qualified professional and submitted to the satisfaction of the Responsible Authority. The ESD Statement must demonstrate that the building has the preliminary design potential to achieve the following:

a. A 5 star rating under a current version of Green Star - Multi Unit Residential rating tool or equivalent.

b. 1 point for Wat-1 credit under a current version of the Green Building Council of Australia's Green Star - Multi Unit Residential rating tool or equivalent.

11. The performance outcomes specified in the Environmentally Sustainable Design (ESD) Statement for the development must be implemented prior to occupancy at no cost to the City of Melbourne and be to the satisfaction of the Responsible Authority. Any change during detailed design, which affects the approach of the endorsed ESD Statement, must be assessed by an accredited professional. The revised statement must be endorsed by the Responsible Authority prior to the commencement of construction.

12. Except with the consent of the Responsible Authority, Cox Architects must be retained to complete and provide architectural oversight during construction of the detailed design as shown in the endorsed plans and endorsed schedule of materials to the satisfaction of the Responsible Authority.

13. Prior to the commencement of the development, a stormwater drainage system, incorporating water sensitive urban design, must be submitted to and approved by the City of Melbourne –Engineering Services. This system must be constructed prior to the occupation of the development and provision made to connect this system to the City of Melbourne’s underground drainage system to the satisfaction of the Responsible Authority.

14. The Owner of the subject land should construct all necessary vehicle crossings, demolish all unnecessary vehicle crossings adjacent to the subject land in accordance with plans and specifications first approved by the Responsible Authority – Manager Engineering Services Branch.

15. The Owner of the subject land will not be permitted to alter the existing footpath/road levels in Mackenzie Street, or Bell Place or the laneway known as CL1266 for the purpose of constructing new vehicle or pedestrian

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entrances without first obtaining the written approval of the City of Melbourne –Engineering Services.

16. The footpath in Mackenzie Street should be reconstructed in sawn bluestone, together with associated works including the renewal of any damaged kerb and channel in bluestone at the cost of the Owner/Developer adjacent to the subject land in accordance with the plans and specifications first approved by the City of Melbourne - Engineering Services.

17. The Owner of the subject land will not be permitted to alter the existing public street lighting, including the light pole in Bell Place, without first obtaining the written approval of the relevant servicing authority and the City of Melbourne - Engineering Services.

18. This permit will expire if one of the following circumstances applies:

The development is not started within two years of the date of this permit.

The development is not completed within four years of the date of this permit.

The Responsible Authority may extend the periods referred to if a request is made in writing before the permit expires, or within three months afterwards.

NOTES:

1. Residents in this development are not eligible for resident parking permits or

vouchers.

2. City of Melbourne Engineering Services is not obligated to amend any on

street parking restrictions to cater for the parking needs of the occupants in

this development.

3. Any requirement to temporarily relocate street lighting must be first approved

by the Responsible Authority - Manager Engineering Services Branch.

4. All street lighting temporarily relocated must be reinstated to the satisfaction

of the Responsible Authority - Manager Engineering Services Branch.

5. All necessary approvals and permits are to be first obtained from the City of

Melbourne – Engineering Services and VicRoads and the works performed to

the satisfaction of the City of Melbourne – Engineering Services.

6. The subject site is identified in Heritage Victoria's Heritage Inventory as

having archaeological potential. If an archaeological site is uncovered in the

course of a building project it is an offence under the Heritage Act 1995 to

knowingly disturb, damage or excavate without obtaining the consent of the

Executive Director of Heritage Victoria. The applicant is therefore advised to

contact Heritage Victoria prior to the commencement of any demolition,

excavation or works on the site.

DM# 8603913

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