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FU TURE MELBOURNE
R E PORT
( PLANN ING)
COMMITTEE
MINISTERIAL PLANNING REFERRAL
TPM-2012-8 364-370 & 372-378 LITTLE LONSDALE STREET MELBOURNE
Agenda Item 6.3
7 May 2013
Presenter: Angela Meinke, Manager Planning and Building
Purpose and background
1.
The purpose of this report is to advise the committee that the Department of Planning and Community
Development (DPCD) referred Planning Application 2012/002554 to the City of Melbourne on 21 March
2012 seeking comment. DPCD requested further information on 14 April 2012 and raised preliminary
officer-level concerns which included demolition of the building (proposed to be covered by Heritage
Overlay HO1061) and limited tower setbacks.
2.
In response to the request for further information and the concerns raised regarding the demolition of the
former Women’s VD Clinic (Clinic), the applicant amended the original plans in December 2012. The
amended plans propose partial demolition of the Clinic and the complete demolition of the former TB
Clinic to make way for the construction of the new Victorian University Tower. The revised proposal
incorporates the Clinic building in the podium of the new tower, with a glazed ‘skirt’ which forms the
podium façade occupying the air space above, and projecting forward of the roof of the heritage building.
Following discussions with Council officers, the applicant provided a revised scheme for the podium skirt
in the form of sketches and perspectives dated 22 March 2013. The plans attached include two options
for the design of the glazed skirt as well as a selection of plans from the December 2012 submission
(refer to Attachment 2).
3.
A report on the proposed development has been prepared by officers and is attached (Attachment 3).
4.
The application seeks approval for the use and development of land in the Capital City Zone for an
education centre, including partial demolition of 372-378 Little Lonsdale Street, demolition of 364-370
Little Lonsdale Street, and building and works to develop a 32-storey tower. The proposed building is
identified in the submission as the Victoria University (VU) Academic Tower. It has a total proposed
height of approximately 136 metres and a gross floor area of 42,679 square metres.
5.
The proposed building includes construction over Sampson Lane and a new pedestrian access from Little
Lonsdale Street to Queen Street, to the west and north of the VU building at 295 Queen Street.
6.
The proposed building has a podium/tower configuration with a podium of five stories (25 metres) with
setbacks from boundaries. The design incorporates 100 car parking spaces, 7 motorcycle spaces and
434 bicycle parking spaces in the four basement levels, large lobby and café areas at ground and first
floor and education and office/administration uses in the remainder of the building.
Key issues
7.
The application was amended to retain the front portion of the heritage building and to reduce the impact
of the proposed tower on the retained heritage building.
8.
The revised scheme has addresses potential amenity impacts on the adjoining residential tower by
providing an equal setback from the shared boundary (as per VCAT recommendation), a light court from
level 5 upwards and screening of the glazing on the western elevation to a height of 1.7 metres.
Recommendation from management
9.
That the Future Melbourne Committee advise the Minister for Planning that Council supports the planning
application subject to the inclusion of the recommended conditions contained within the delegate report.
Attachments:
1.
Supporting Attachment
2.
Locality Plan & Proposed Plans
3.
Delegate Report
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Attachment 1
Agenda Item 6.3
Future Melbourne Committee
7 May 2013
SUPPORTING ATTACHMENT
Legal
1.
The Minister for Planning is the responsible authority for determining the application.
Finance
2.
There are no direct financial issues arising from the recommendations contained in this report.
3.
No member of Council staff, or other person engaged under a contract, involved in advising on or
preparing this report has declared a direct or indirect interest in relation to the matter of the report.
Stakeholder consultation
4.
Council officers have not advertised the application or referred this to any other referral authorities. This
is the responsibility of the Department of Planning and Community Development acting on behalf of the
Minister for Planning who is the Responsible Authority.
Relation to Council policy
5.
Relevant Council policies are discussed in the attached delegate report (refer Attachment 3).
Environmental sustainability
6.
Amendment c187 - Energy, Water and Waste Efficiency Local Planning Policy was approved by the
Minister and Gazetted on 4 April 2013. A recommended condition in the delegate report requires the
applicant to submit an Environmentally Sustainable Design Statement which demonstrates how the
development meets the Energy, Water and Waste Efficiency Policy objectives and requirements.
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Queen Street
Dec 2012
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Dec 2012
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Dec 2012
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Option A – showing blue, green and yellow glazing
March 2013
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Option B – showing pink glazing and larger glass
panels
March 2013
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Attachment 3
Agenda Item 6.3
Future Melbourne Committee
7 May 2013
DELEGATED REPORT - MINISTERIAL REFERRAL
AL
APPLICATION NO:
TPM-2012-8
APPLICANT:
Department of Planning & Community
Development
ADDRESS:
364-370 & 372-378 Little Lonsdale Street,
MELBOURNE VIC 3000
PROPOSAL:
Partial demolition of the exisitng building at
372-378 Little Lonsdale Street, and full
demolition of the building at 364-370 Little
Lonsdale Street, and building and works to
develop high rise tower
DATE OF APPLICATION:
23 March 2012
RESPONSIBLE OFFICER:
Kate Yuncken
1.
SUBJECT SITE AND SURROUNDS
The subject site (comprising 364-370 and 372-378 Little Lonsdale Street and
Sampson Lane) has a total area of 1,943 square metres and is located on the
northern side of Little Lonsdale Street between Queen Street and William Street,
Melbourne.
City of Melbourne CoMPASS 2013
It is currently developed with two two-storey red brick buildings, separated by
Sampson Lane. Both buildings are currently vacant and are identified as being C
graded in a level 2 streetscape in the Heritage Places Inventory Study 2008. The
building at 372-378 Little Lonsdale Street has been proposed to be included in a
Heritage Overlay (HO1061) pursuant to Amendment C182 (Central City (Hoddle
Grid) Heritage Review).
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Subject site - February 2013
The adjoining sites include the Victoria University (VU) Sir Zelman Cowen Centre in
the former Records Office (HO733, A-graded, Heritage Victoria reference H1528) to
the east at 295 Queen Street, a seven-level building known as the Royal Mint Centre
to the north at 371-383 La Trobe Street and the 22-level La Banque Apartment
building to the west at 380-386 Little Lonsdale Street. The VCAT decision dated 8
March 2007 for the La Banque Apartments included a condition requiring all east
facing living and dining room windows to be set back 4.5 metres from the eastern
common boundary with the subject site.
2.
BACKGROUND AND HISTORY
Pre-application discussions
PA-2012-39 A pre-application meeting was held on 29 February 2012 with the
applicant, architects, DPCD and Council.
Amendments during the process
The Department of Planning and Community Development (DPCD) referred the
above application to the City of Melbourne on 21 March 2012 seeking comment.
DPCD requested further information on 14 April 2012 and raised preliminary officerlevel concerns which included demolition of the building (proposed to be covered by
Heritage Overlay HO1061) and limited tower setbacks.
In response to the request for further information and the concerns raised regarding
the demolition of Woman’s VD Clinic, the applicant amended the original plans in
December 2012.
The amended plans propose partial demolition of the former Women’s VD Clinic and
the complete demolition of the former TB Clinic to make way for the construction of
the new Victorian University Tower. The revised proposal incorporated the former
VD Clinic building in the podium of the new tower, with the skirt forming the podium
façade occupying the air space above, and projecting forward of, the roof of the
heritage building.
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Council raised concerns with the impact the podium and the perforated mesh screen
had on the heritage building’s three dimensional form. Council met with the applicant
and architect to discuss options.
The applicant provided a revised scheme for the podium skirt in the form of sketches
and perspectives (dated 22 March 2013). The podium skirt is now to be of coloured
glass to activate the frontage and also to introduce some vibrancy. It will meet the zig
zag profile of building abutting the site to west and will visually connect to the existing
streetscape swinging behind the void over the heritage roof to reference recent
library addition on the east of the site.
Two proposals have been submitted for the colour of the podium; Option A shows a
colour pattern that radiates from east to west, whilst Option B shows the colour
pattern radiating from the heritage building. The applicant’s heritage consultant is
supportive of Option B.
Planning Application History
The following applications, listed as considered relevant to the current proposal, have
previously been considered for the subject site:
TP number
Description of Proposal
Decision & Date of Decision
PA-2008-81
PA-2012-39
3.
Discontinuance of Sampson
Lane for development of
land
Development including
demolition of buildings and
Sampson Lane and
construction of a building
with a podium / tower
configuration for Victoria
University
Completed 13/5/2008
Completed 6/3/2012
PROPOSAL
The Gross Floor Area (GFA) of the building is 42,679 square metres. In accordance
with the Schedule of Clause 61.01 the Minister for Planning is therefore the
Responsible Authority.
The application seeks approval for the use and development of land in the Capital
City Zone for an education centre, including partial demolition of 372-378 Little
Lonsdale Street, demolition of 364-370 Little Lonsdale Street, and building and works
to develop a 32-storey high rise tower.
The proposed building is identified in the submission as the Victoria University (VU)
Academic Tower. It has a total proposed height of approximately 136 metres and a
gross floor area of approximately 42,679 square metres.
The proposed building includes construction over Sampson Lane and a new
pedestrian access from Little Lonsdale Street to Queen Street, to the west and north
of the VU building at 295 Queen Street. This will require the discontinuance of
Sampson Lane.
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The proposed building has a podium / tower configuration with a podium of five
stories (25 metres). The tower has minimum setbacks of 3 metres from Little
Lonsdale Street (previous 2 metres), 5.4 metres from the rear northern boundary
(previously 5 metres) and 4.5 metres from the western boundary. In addition, the
tower is set back a minimum of 2.5 metres from the neighbouring VU building to the
east at 295 Queen Street.
The design incorporates 100 car parking spaces, 7 motorcycle spaces and 434
bicycle parking spaces in the four basement levels, large lobby and café areas at
ground and first floor and education and office/administration uses in the remainder
of the building.
Propsoal 22 March 2013 - Jackson Architecture Pty Ltd
4.
STATUTORY CONTROLS
Zoning and Overlay Controls
CCZ1 Capital City Zone 1
The following controls apply to the site, with planning permit triggers as described.
Clause
Schedule to clause
61.01
37.04 / Capital City
Zone (CCZ1)
52.06 / Car Parking
Permit Trigger
The Minister for Planning is the Responsible Authority on the
basis that the gross floor area of the proposed development
exceeds 25,000 square metres.
ƒ Pursuant to this Clause 37.04 a permit is required to
demolish or remove a building and to construct a building or
construct or carry out works.
ƒ No permit is required for an education centre or restaurant
(café).
ƒ In accordance with the Schedule to Clause 52.06-6 of the
Melbourne Planning Scheme the car parking supply must
not exceed the following formula.
Maximum spaces = (5 x n.f.a. of buildings)/1000m2 or
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Maximum spaces = (12 x site area in square metres / 1000).
Base upon a site area of 1,700 sqm and a net building floor
area of about 26,000 sqm the maximum number of car
spaces permitted is about 130.
52.36 / Bicycle
Facilities
52.36 (Integrated
Public Transport
Planning)
5.
The proposed on-site car parking supply of 100 does not
exceed the maximum number permitted.
ƒ In accordance with the Schedule to Clause 52.34.3 of the
Melbourne Planning Scheme 152 bicycle spaces are
required. The application proposes 534 spaces which greatly
exceeds the requirement.
An application to subdivide land, to construct a building or to
construct or carry out works for any of the following:
- An education centre
STRATEGIC FRAMEWORK
State Planning Policy Framework
Clause 11- Settlement
Clause 15 – Built Urban Environment
Clause 17- Economic Development
Clause 18 - Transport
Clause 19 – Infrastructure (19.02-1 Education Facilities)
Local Planning Policy Framework (Municipal Strategic Statement)
The MSS includes a section that is based on objectives and strategies, which revolve
around the four themes of: land use, built form, transport and environment. These
themes are applied to local areas of the municipality.
Clause 21.05 City Structure and Built Form, details objectives and strategies for built
form under the theme, the public environment, amongst others. Pursuant to Clause
21.05-3, the public environment, one of the objectives includes:
x To increase the vitality, amenity, comfort, safety and distinctive City experience
of the public realm.
The vision for the Central City includes the following:
Important components of the Central City’s built form and public realm have been
protected and enhanced, including the Yarra River corridor, significant parks and
gardens and the Central City’s significant heritage assets. The creation of a high
quality, useable and exciting public realm continues to make the city an attractive and
exciting place for workers, residents and visitors. The Central City is also linked to
surrounding areas including Southbank, Docklands and other neighbouring suburbs.
For the public environment in the Central City, the following relevant built form
implementation strategies are identified:
x
Ensure that the design of tall buildings in the Central City promotes a human
scale at street level especially in narrow lanes, respects the street pattern and
provides a context for heritage buildings.
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x
x
Ensure that developments provide weather protection along key pedestrian
routes and areas, where this does not conflict with building or streetscape
integrity.
Ensure that the design of buildings and public realm in the Central City enhances
the safety of pedestrians, visitors and occupants of buildings.
Local Planning Policy Framework (Local Policies)
Clause 22.01- Urban Design within the Capital City Zone
Clause 22.02- Sunlight to Public Spaces
Clause 22.19 – Energy Waste and Water
6.
PARTICULAR/ GENERAL PROVISIONS
Particular Provisions
Clause 52.06- Car Parking
Clause 52.34- Bicycle Facilities
Clause 52.36 – Integrated Public Transport Planning
General Provisions
Clause 65- Decision Guidelines
7.
INTERNAL REFERRALS
The application was referred to the following areas of Council for comment:
Engineering Services
– Engineering Services does not support the shared zone.
– Recommended some changes to car parking layout.
– Waste management plan supported and recommends a standard condition
– Standard civil engineering conditions
Land Survey Referral – recommended conditions for the public pedestrian
lanewaydelivery of laneways and staging of the development.
Urban Design Referral – Generally supportive subject to:
- Project elements should not encroach beyond a 6 metres setback.
Recommend the body of the building be setback further to achieve setbacks
of 6 to 10 metres from Little Lonsdale Street
- Supportive of the building design
- Supportive of the pedestrian links
- Landscaping. Change basement arrangement to allow for larger soil areas for
trees to establish.
Heritage
- Supportive of the proposal as shown in perspectives dated 22 March 2013.
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8.
ASSESSMENT
Land Use
The proposed education and the restaurant (café) use are fully supported by policy
and do not require a planning permit. The uses will support the continued
development and growth of the broad range of existing business in the Central City.
Design and Built Form
The existing built form of the precinct, presents urban contrasts and diversity ranging
from early European architecture such as the former Land Title Office, the Victoria
University Building, to the modern presence of tall buildings such as the la Banque
Apartments and Republic Tower.
Heritage (incorporating Council’s Heritage Consultant’s comments)
The primary element that contributes to the historical understanding is the front wing
of the building is to be retained. The extent of demolition is therefore supported.
The assessment of the importance of retaining the external perception of the integrity
of both buildings to the depth of at least their front two rooms was previously
advanced. The incorporation of the retained buildings into the proposed development
was recommended and has been achieved to the extent of the most prominent and
architecturally notable section of the building is to be retained and externally
restored. The frontage of the building as discussed was only a single room in depth
and was expressed as such with end gables and separate roof form from the main
roof ridge extending to the north.
The buildings demonstrating the Federal programme to address both venereal
disease and Tuberculosis are to be recorded and the significance of the particular
buildings, and the thematic of health services they represent, is to be interpreted in
the retained building or on the site.
Given the late consideration of heritage protection for the site, the revised proposal
now addresses the main heritage concerns of this project. The treatment of the
incorporation of the retained building into the new development cannot sensibly be
claimed to be in accordance with accepted conservation standards.
The revised design does however allow the building to stand in front of the new tower
rather than being beneath the building. A significant open airspace is now
maintained over the retained roof of the heritage building and the projection of the
proposed podium over the roof is a gradual stepping forward that aids the perception
that the heritage building and its personal or natural space is respected by the
development even though the new is all about and crowded in against the old in a
manner that could not be condoned across the CBD even for the low graded
buildings without major compromise to the perception and contribution of heritage to
the city.
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“The proposed tower development is composed with setback, midlevel screening
and ground level plaza in deference to the former VD Clinic’s frontispiece and the
Little Lonsdale Street streetscape” is now evident in the manner in which the retained
presentation wing of the heritage building is an accorded a respectable volume of air
space over its roof and the evident effort that has been invested in forming the
proposed building around the elder building and its air space. A reasoned
explanation of how the relationship between the old and new is likely to be
experienced can be ascertained from the submitted documents.
Whilst the significance of the building has been found to emanate primarily from the
historical value represented by the building it is not without aesthetic value and the
character and appearance of the building continue to be the vehicle that anchors the
historical significance. The perception of respect for that significance requires that
the corporeal form of the building is also respected; the building and its roof now can
be appreciated proud and could be considered to be showcased by the proposed
without being overwhelmed and dominated.
Of the two colour schemes it seems logical that Option B (pink glass) that radiates
from the heritage building and further fosters the sense of its importance and primacy
is preferred over the scheme which radiates across the site connecting the
streetscape.
The form of the curtain wall with its crinkled, concertinaed, or horizontally pleated,
from will present a strong connection from the abutting “la Banque” apartments to the
library building to the east such that the colour reference can be directed to the
heritage building without compromising the streetscape connection.
Setbacks / Massing
The standard model for developing taller buildings as sought by Local Policy ‘Urban
Design within the Capital City Zone’ (Clause 22.01) and Capital City Zone 1 (Clause
37.04) is based on a 35-40 metre high podium with the tower element setback from
this podium level. The development employs a podium tower format configuration
with a podium and tower setbacks between from Little Lonsdale Street.
The building employs a three tiered approach with a podium of five storeys (25
metres), the lower half of the tower which is setback 6.2 metres from Little Lonsdale
Street with the exception of projecting elements which are setback a minimum of 3
metres. The top half of the tower is setback 6.2 metres with no projecting elements.
This design approach is supported. The documentation provided with the application
demonstrates that the building successfully registers a podium and the bulk and
mass of the building has been sensitively treated with the projecting elements
providing articulation. Furthermore the podium and tower responds to the context of
the built form of the adjoining heritage building to the east and the la Banque
Apartments to the west.
The development also maintains a human scale through the retention of the heritage
building, the podium height and adequate setbacks on Little Lonsdale Street.
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Tower Separation
The tower setbacks from the northern and west boundaries are considered to be
adequate and will not prejudice any redevelopment on abutting land to the north with
regard to potential tower separation between the subject site and this property (Royal
Mint Centre).
The proposed building is setback between 6.2 metres and 9 metres from La Banque
Apartments. The La Banque apartments on the north east and south east corners
have been suitably treated through the location and orientation of balconies and
habitable room windows to allow for views light and views.
Jackson Architecture Pty Ltd
The amended plans show the glazing in the lift lobby that faces towards the
apartments to the west to provide screening to 1.7 metres above finished floor level
to prevent unreasonable overlooking opportunities.
As discussed above, La Banque Apartments was approved by VCAT (P2447/2006).
The VCAT decision requirement amended plans to show (among other things):
- A reduction in the podium height to 8 levels reducing the overall height of the
building.
- All east facing living and dining room windows being set back at least 4.5
metres from the east boundary.
In its discussion, VCAT considered the minimum separation required between towers
on adjacent sites and considered that a combined 9 metre setback (4.5 metres per
building) between towers would be acceptable in the context of the central city. On
this basis amended plans required all east facing living and dining room windows to
be setback at least 4.5 metres within the expectation that his setback would be
matched for a tower on the land to the east of the approved building.
The application documentation includes a wind tunnel tests which assess (amongst
other things) the possible wind effects between the two proposed building and La
Banque Apartments balconies.
The result for the podium level and lower levels is that ‘there would be no adverse
wind conditions to prevent the occupant’s enjoyment of the balcony space. Wind
conditions fo the upper level balconies will be on or within the short term stationary
condition for the long term condition for the upper limit for the Long Term Stationary
criterion, would occur for less than 5% of the hours within the year. This is
considered reasonable.
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For the reasons outlined above the 9 metre separation between the proposed
building and La Banque Apartments is supported.
Facades
Clause 22.01 specifies that all visible sides of a building should be fully designed.
The proposed treatment of the facades is highly articulated and detailed and is void
of inappropriate blank facades. Car parking and services where possible have been
located in the basement levels which avoids the need for blank facades.
The architectural resolution and proposed high quality materials for the facades are
supported. Furthermore the architectural resolution of the facades assists in
breaking down the mass of the building and reduces the effects of down winds.
Overall the building is of high architectural interest and is acceptable.
Wind and Weather Protection
Both Clause 37.04 (Capital City Zone 1) and Clause 22.01 (Urban Design within the
Capital City Zone) encourage developments not to have any adverse wind impacts at
the street level. The most relevant Capital City Zone 1 decision guideline (when
considering wind impacts) is “The potential for increased ground-level wind speeds
and the effect on pedestrian comfort and the amenity of public places.”
The proposal included a wind tunnel test by Mel Consultants (reference 85/12 R2)
which summaries that:
In the Basic and Existing Configurations wind conditions along Little Lonsdale
Street were shown to be either on or within the criterion for walking comfort
for all wind directions.
The wind conditions near the Main Entrance to the Development in the Basic
Configuration were shown to be within the criterion for short term stationary
activies for all wind directions, with most wind directions within the long term
stationary criterion.
At the designated outdoor dining area to the east of the Development the
wind conditions in the Basic Configuration were shown to be within the short
term stationary criterion at the southern end, improving to either on or within
the criterion for long term stationary activities towards the centre of the area.
Local wind break features would be recommended at the southern end of the
dining are in order to achieve wind conditions either on or within the long term
stationary criterion throughout the dining area.
The application is supported as it will not result in an adverse wind impacts on the
public realm.
City and Roof Profiles
The proposed roof profile is considered to be designed to form part of the overall
building forms. Plants are incorporated into the design of the building and are
screened appropriately.
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Street Level Frontages & Pedestrian Safety
The Capital City Zone 1 and Clause 22.01 encourage active street frontages and
minimal conflict between pedestrian and motor vehicle movements.
The proposed development incorporates active uses at the ground and lower levels
including a restaurant (café) and the universities’ lobby which is supported. Vehicle
access to the building is via a shared zone from Little Lonsdale Street.
Most of the developments’ building services are proposed within the basements and
podium. This has allowed the development to provide active street frontages along
Little Lonsdale Street and the internal laneway.
The inclusion of active frontage to these frontages will also serve to increase the
perception of safety in this area.
The shared laneway and pedestrian link off Little Lonsdale Street is supported.
Light and Shade / Overshadowing / Solar Access
The Local Policy ‘Sunlight to Public Spaces’ requires that development not cast
additional shadows between 11.00am and 2.00pm at the equinox that would
prejudice the amenity of public spaces by casting any additional shadows on public
parks and gardens.
The proposed building does not overshadow any public parks or gardens.
Energy and Resource Efficiency
The applicant has engaged Meinhardt Pty Ltd to scope the ESD works for the
development. The response includes a summary of ESD initiatives (energy and
water) that should be incorporated into the development. Plans also show that there
will be photovoltaic panels on the roof of the building.
Projections
The proposal does not incorporate any projections beyond the title boundary.
Internal Amenity
The building design provides for the future amenity of its occupants by utilising its
access to natural light and ventilation. The proposed building will not be constrained
by any future development given the proposed setbacks from boundaries.
Access to and around the building
Council’s Building Team have advised that:
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Provisions for persons with a disability (including access, facilities and
features) are specifically legislated under the National Construction Code
(NCC) which incorporates the Access Code for Buildings. Compliance with
this code and the premises standard satisfies the expectations of the
Disability Discrimination Act. A detailed assessment of compliance is the
responsibility of the Relevant Building Surveyor and as there are entry ramps
and on-grade access shown on the plans, there is no apparent hindrance to
achieving compliance and it is unnecessary to recommend the inclusion of
any specific condition in this regard.
Car Parking, Bicycle Facilities & Engineering Issues
Council’s Traffic Engineers have raised concerns with pedestrians using the shared
zone. It is recommended that the applicant undertake further studies of vehicle and
pedestrian numbers using the shared zone and the safest layout.
Council’s Traffic Engineers however raised no concern with the traffic generated by
the development stating that it will have minimal impact on the operation of the
surrounding road network.
9.
RECOMMENDATION
That a letter be sent to DPCD advising of Council’s in principle support for the subject
application subject to the inclusion of the following conditions:
Amended Plans
1. Prior to the commencement of the development (excluding any demolition) on the
land, three copies of plans, drawn to scale must be submitted to the Responsible
Authority and the City of Melbourne generally in accordance with the plans
received in December 2012 and March 2013 but amended to show:
a. Internal alterations to the car park layout and associated areas as
required by the City of Melbourne’s Engineering Services Conditions
(outlined below).
b. The entrance stairs along Little Lonsdale Street must be set back from
the new property line sufficiently to enable all necessary tactile ground
surface indicators to be installed within the property curtilage.
c. Option B (pink glass screening) as shown in plans dated 22 March
2013.
These amended plans must be to the satisfaction of the Responsible Authority
and be approved by the Responsible Authority in consultation with City of
Melbourne.
2. The development as shown on the endorsed plans must not be altered or
modified unless with the prior written consent of the Responsible Authority in
consultation with the City of Melbourne.
Land Survey
3. The works are not to commence until all of the lands being developed are in the
same ownership and unencumbered by rights of way. This first requires the
discontinuance/closure of all of Sampson Lane which has a mixed tenure status
of part Crown land, part public road and part private road.
4. A legally binding agreement under Section 173 of the Planning and Environment
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Act 1987 shall be entered into between the land owner and Council before the
commencement of works on site, concerning a required public pedestrian way
(linking Little Lonsdale Street and Queen Street) through parts of the site being
developed and through part of the Victoria University’s abutting property at No.
295 Queen Street. This agreement is to indemnify Council against any claims on
the matter and ensure that way is dimensioned and located to the satisfaction of
Manager Engineering Services. The way is to be kept open for public use and is
to be maintained in a safe and sightly condition. The agreement must also
contain such other conditions as may be advised by Council's solicitors. The
owner of the land being subdivided must pay all of Council's reasonable legal
costs and expenses of this agreement, including Land Victoria’s registration
fees.
5. Before occupation of any part of the development all of the lands being
developed must be consolidated to be held under the one certificate of title.
Environmentally Sustainable Design
6. Prior to the commencement of the development, excluding demolition, an
Environmentally Sustainable Design (ESD) statement which demonstrates how
the development meets the policy objectives of Clause 22.19-2 and the policy
requirements of Clause 22.19-3 must be submitted to the satisfaction of the
Responsible Authority. The statement must verify that the building has the
preliminary design potential to achieve the relevant required Performance
Measures set out in Clause 22.19-5.
Standard Conditions
7. A schedule of all external materials and finishes must be submitted to the
satisfaction of the Responsible Authority prior to the commencement of any
buildings and works on the land. The schedule must show the materials, colours
and finishes of all external walls, roof, fascias, window frames, glazing types,
doors, and paving.
8. Glazing materials used on all external walls must be of a type that does not
reflect more than 15% of visible light when measured at an angle of 90 degrees
to the glass surface, to the satisfaction of the Responsible Authority.
Construction Management Plan
9. Prior to the commencement of the development, (including demolition) hereby
permitted, a detailed construction and demolition management plan must be
submitted to and be approved by Council. 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.
b.
c.
d.
e.
f.
g.
public safety, amenity and site security;
operating hours, noise and vibration controls;
air and dust management;
stormwater and sediment control;
waste and materials reuse
traffic management; and
street trees
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Car parking
10. Prior to the commencement of any demolition, bulk excavation, construction or
carrying out of works on the land, the applicant must submit to the City of
Melbourne (Engineering Services) a revised traffic management report and
copies of plans at address:
a) Matters raised in the City of Melbourne’s Traffic Engineering Memorandum
dated 1 February 2013 (DM#7682785).
The amended report and plans must be to the satisfaction of the City of
Melbourne (Engineering Services) and when approved shall be the endorsed
plans of this permit.
11. Carpark design must be safe, convenient and non-discriminatory for people with
disabilities.
12. The areas set aside for car-parking in the building must be restricted to the
parking of vehicles by owners and occupiers of, or visitors to, the building.
Heritage
13. Prior to the commencement of the development, including demolition, a report
prepared by a suitably qualified Structural Engineer, or equivalent, must be
submitted to the Responsible Authority, demonstrating the means by which the
retained portions of building will be supported during demolition and construction
works to ensure their retention, to the satisfaction of the Responsible Authority.
The recommendations contained within this report must be implemented at no
cost to City of Melbourne and be to the satisfaction of the Responsible Authority.
14. Prior to the commencement of the development, including demolition, a
Conservation Management Plan for the heritage building must be submitted to
and be approved by the City of Melbourne. The Conservation Management Plan
must include:
a) Details of the retained portions of the building are going to be supported
during demolition, excavation and construction works.
When approved, the Conservation Management Plan will form part of the permit.
Works to the heritage building approved under this permit must be undertaken in
accordance with the Conservation Management Plan to the satisfaction of the
City of Melbourne.
Demolition / Temporary uses
15. Prior to demolition, the permit holder must satisfy the Responsible Authority that
substantial progress has been made towards obtaining the necessary building
permits for the development of the land generally in accordance with the
development of the land proposed under this permit and that the permit holder
has entered into a bona fide contract for the construction of the development.
16. Prior to the commencement of the demolition or removal of existing buildings or
works (excluding demolition or removal of temporary structures) on the land, the
owner of the land must enter into an agreement pursuant to Section 173 of the
Planning and Environment Act 1987. The agreement must provide the following:
a)
if the land remains vacant for 6 months after completion of the demolition;
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b)
demolition or construction activity ceases for a period of 6 months; or
c)
construction activity ceases for an aggregate of 6 months after
commencement of the construction,
The owner must construct temporary works on the land to the satisfaction of the
Responsible Authority.
Prior to the commencement of construction of the temporary works, details of the
works must be submitted to and be to the satisfaction of the Responsible
Authority.
Temporary works may include:
a) The construction of temporary buildings for short-term retail or commercial
use. Such structures shall include the provision of an active street
frontage; or
b) Landscaping of the site for the purpose of public recreation and open
space.
The owner of the land must pay all of Council’s reasonable legal costs and
expenses of this agreement, including preparation, execution and registration on
title.
Civil Engineers
17. All projections over the street alignment must be drained to a legal point of
discharge in accordance with plans and specifications first approved by the City
of Melbourne – Engineering Services.
18. All necessary vehicle crossings adjacent to the subject land must be constructed
and all unnecessary vehicle crossings demolished in accordance with plans and
specifications first approved by the City of Melbourne – Engineering Services.
19. The existing footpath/road levels in Little Lonsdale Street must not be altered for
the purpose of constructing new vehicle or pedestrian entrances without first
obtaining the written approval of the City of Melbourne – Engineering Services.
20. The footpaths in Little Lonsdale Street must be upgraded and reconstructed in
sawn bluestone together with associated works, including the renewal and/or
relocation of kerb and channel and the relocation of all services pits and covers
as necessary, at the cost of the owner/developer in accordance with plans and
specifications first approved by the City of Melbourne – Engineering Services.
21. Prior to the commencement of the development, a stormwater drainage system
incorporating integrated water management design principles must be submitted
to, and approved, by the Responsible Authority - 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 stormwater
drainage system.
Building appurtenances
22. All building plant and equipment on the roofs are to be concealed to the
satisfaction of the Responsible Authority. The construction of any additional plant
machinery equipment, including but not limited to air-conditioning equipment,
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ducts, flues, all exhausts including car parking and communications equipment,
shall be to the satisfaction of the Responsible Authority.
23. Any satellite dishes, antennae or similar structures associated with the
development must be designed and located at a single point in the development
to the satisfaction of the Responsible Authority, unless otherwise approved to the
satisfaction of the Responsible Authority.
Contaminated land
24. Prior to the commencement of the development (excluding demolition) the
applicant must carry out a Preliminary Environmental Assessment (PEA) of the
site to determine if it is suitable for the intended uses. This PEA must be
submitted to, and be approved by the Responsible Authority prior to the
commencement of the development (excluding demolition). The PEA should
include:
ƒ Details of the nature of the land uses previously occupying the site and the
activities associated with these land uses. This should include details of how
long the uses occupied the site.
ƒ A review of any previous assessments of the site and surrounding sites
including details of the anticipated sources of any contaminated materials.
Should the PEA reveal that further investigative or remedial work is required to
accommodate the intended uses, then prior to the commencement of the
development (excluding demolition), the applicant must carry out a
Comprehensive Environmental Assessment (CEA) of the site to determine if it is
suitable for the intended uses.
This CEA must be carried out by a suitably qualified environmental professional
who is a member of the Australian Contaminated Land Consultants Association
or a person who is acceptable to the Responsible Authority. This CEA must be
submitted to, and be approved by the Responsible Authority prior to the
commencement of the development (excluding demolition). The CEA should
include:
ƒ
ƒ
ƒ
ƒ
ƒ
Details of the nature of the land uses previously occupying the site and the
activities associated with these land uses. This includes details of how long
the uses occupied the site.
A review of any previous assessments of the site and surrounding sites,
including details of any on-site or off-site sources of contaminated materials.
This includes a review of any previous Environmental Audits of the site and
surrounding sites.
Intrusive soil sampling in accordance with the requirements of Australian
Standard (AS) 44582.1. This includes minimum sampling densities to ensure
the condition of the site is accurately characterised.
An appraisal of the data obtained following soil sampling in accordance with
ecological, health-based and waste disposal guidelines.
Recommendations regarding what further investigate and remediation work, if
any, may be necessary to ensure the site is suitable for the intended use(s).
Prior to the occupation of the building, the applicant must submit to the
Responsible Authority a letter confirming compliance with any findings,
requirements, recommendations and conditions of the CEA.
Should the CEA recommend that an Environmental Audit of the site is necessary
then prior to the occupation of the building the applicant must provide either:
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a) A Certificate of Environmental Audit in accordance with Section 53Y of the
Environment Protection Act 1970; or
b) A Statement of Environmental Audit in accordance with Section 53Z of the
Environment Protection Act 1970. This Statement must confirm that the site is
suitable for the intended use(s).
Where a Statement of Environmental Audit is provided, all the conditions of this
Statement must be complied with to the satisfaction of the Responsible Authority
and prior to the occupation of the building. Written confirmation of compliance
must be provided by a suitably qualified environmental professional who is a
member of the Australian Contaminated Land Consultants Association or other
person acceptable to the Responsible Authority. In addition, the signing off of the
Statement must be in accordance with any requirements in it regarding the
verification of works.
If there are conditions on the Statement that the Responsible Authority consider
requires significant ongoing maintenance and/or monitoring, the applicant must
enter into a legal agreement in accordance with Section 173 of the Planning and
Environment Act 1987 with the Responsible Authority. This Agreement must be
executed on title prior to the occupation of the building. The owner of the site
must meet all costs associated with the drafting and execution of this agreement
including those incurred by the Responsible Authority.
Notes
All necessary approvals and permits are to be first obtained from the City of
Melbourne and the works performed to the satisfaction of the City of Melbourne –
Engineering Services.
The associated road discontinuance and sale of Sampson Lane is subject to
different controls and standards to the planning process. These include stringent
consultancy requirements. Council has discretionary powers to consent to the
discontinuance and sale and the issue of this permit does not fetter Council in
considering, determining and conditioning a road discontinuance and sale
application.
Kate Yuncken
Principal Planning Officer
15 April 2013
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