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Attachment: 1. Docklands and Major Projects Committee, Agenda Item 5.4, 1 May 2007

R E P O R T T O S P E C I A L C O U N C I L M E E T I N G Agenda Item 3.2

22 May 2007

MATTER ARISING FROM THE DOCKLANDS AND MAJOR PROJECTS COMMITTEE:

DEVELOPMENT PLAN APPROVAL FOR THE CENTRAL PIER INTERIM DEVELOPMENT, VICTORIA HARBOUR PRECINCT, DOCKLANDS

Committee Docklands and Major Projects Committee

Presenter Cr Clarke

Purpose

1. To advise Council of the approval by the Minister for Planning of a Development Plan for the Central Pier Interim Development, Victoria Harbour Precinct, Docklands.

Consideration at Committee

2. At the Committee meeting paragraph 3.2.1 was amended and paragraph 3.2.3 was added as detailed below.

Recommendation

3. That Council:

3.1. notes that a Development Plan for the Central Pier Interim Development has been approved.

3.2. writes to the Minister for Planning:

3.2.1. requesting that all future planning applications at Central Pier be referred to the City of Melbourne for comment;

3.2.2. expressing concerns regarding the potential for future noise impacts associated with the proposed uses outlined in the Development Plan for Central Pier and that any further planning permit issued for buildings and works includes noise attenuation measures supported by an acoustic engineer’s report to ensure that noise levels from function centre, tavern and nightclub uses comply with relevant EPA guidelines; and

3.2.3. noting that current permits issued for use seek to enforce regulation in relation to noise attenuation in compliance with the EPA guidelines where practical.

3.3. writes to Vic Urban:

3.3.1. requesting that all future liquor licence applications at Central Pier be referred to the City of Melbourne for comment if sought before the City of Melbourne becomes the Municipal Authority (1 July 2007); and

3.3.2. expressing concerns regarding the potential for future noise impacts associated with the proposed uses outlined in the Development Plan if they seek to obtain a liquor license and that these impacts could be mitigated by limiting the hours of operation for the licensed premises as follows:

3.3.2.1. restaurants – close at 1am; and

D O C K L A N D S A N D M A J O R P R O J E C T S C O M M I T T E E R E P O R T

Agenda Item 5.4

1 May 2007


Division Statutory Services Division

Presenter Con Livanos, Manager Development Planning

Purpose

1. To advise the Docklands and Major Projects Committee of the approval by the Minister for Planning of a Development Plan for the Central Pier Interim Development, Victoria Harbour Precinct, Docklands.

2. This proposal has been presented to the Docklands and Major Projects Committee at the request of Cr Clarke.

Recommendation from Management

3. That the Docklands and Major Projects Committee recommend that Council:

3.1. notes that a Development Plan for the Central Pier Interim Development has been approved.

3.2. writes to the Minister for Planning:

3.2.1. requesting that all future planning applications for buildings and works at Central Pier be referred to the City of Melbourne for comment; and

3.2.2. expressing concerns regarding the potential for future noise impacts associated with the proposed uses outlined in the Development Plan for Central Pier and that any further planning permit issued for buildings and works includes noise attenuation measures supported by an acoustic engineer’s report to ensure that noise levels from function centre, tavern and nightclub uses comply with relevant EPA guidelines.

3.3. writes to Vic Urban:

3.3.1. requesting that all future liquor licence applications at Central Pier be referred to the City of Melbourne for comment if sought before the City of Melbourne becomes the Municipal Authority (1 July 2007); and

3.3.2. expressing concerns regarding the potential for future noise impacts associated with the proposed uses outlined in the Development Plan if they seek to obtain a liquor license and that these impacts could be mitigated by limiting the hours of operation for the licensed premises as follows:

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3.3.2.1. restaurants – close at 1am; and

3.3.2.2. venues with live music, bands or DJs (function centre, tavern and nightclub) – close at 11pm Sunday to Thursday and 1am Friday and Saturday.

Proposal

4. The proposal relates to the Central Pier site, which is part of the Victoria Harbour Precinct in Docklands (refer to the locality plan at Attachment 1).

5. The Development Plan application for the Central Pier Interim Development was referred to Council officers on the 21 December 2006 for comments, which included plans outlining the proposed interim uses for the site.

6. The submitted plans at Attachment 2 outline a mixed use development as follows:

5.1 Re-use of the two existing sheds for a mixture of tenants including 6 functions spaces, a microbrewery (or possibly 5 restaurants as an “alternate tenant mix”), café, shop, two retail spaces and a gallery;

5.2 Provision of 66 car spaces within the space between the two existing sheds. These car parking spaces will be accessed from Harbour Esplanade;

5.3 Landscaping works and awning attachments outside the tenancies to provide a sense of address and outdoor seating for the commercial tenancies;

5.4 General hard landscaping of the pier; and

5.5 Construction of a “Spiegel Tent” and outdoor café.

7. Council officers provided comments to officers from the Department of Sustainability and Environment (‘DSE’) and the Development Plan was approved by the DSE’s Manager Statutory Approvals (under delegation from the Minister for Planning) on 2 February 2007. A copy of this approval is at Attachment 3.

8. However, under the Docklands Zone (‘DZ1’) other future planning permits will need to be sought for the microbrewery use and building and works and demolition associated with the development. Also, all licensed premises will require a liquor licence from Consumer Affairs Victoria

Key Issues

9. The key issues that were considered by planning officers include:

9.1. Traffic impacts on the area; and

9.2. Urban design considerations.

10. Heritage issues were previously assessed separately as part of the Heritage Victoria approval sought for the development.

11. Other future key issues include the future potential amenity impacts from the approved uses, especially noise associated with any licensed premises.

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Traffic Impacts

12. The application was referred internally to Council’s Engineering Services Group who supported the proposal and commented that:

12.1. The provision of car parking spaces was acceptable;

12.2. Detail of bicycle parking and shower/change facilities was unclear;

12.3. Waste storage was acceptable;

12.4. Loading facilities were acceptable;

12.5. Traffic generation will be modest and can be accommodated in the surrounding road network.

13. The concerns regarding bicycle parking have been addressed in the approved Development Plan documentation via a condition that requires amended plans to be submitted to outline details of bicycle parking.

Heritage and Urban Design Issues

14. The site is affected by Heritage Overlay 915 – Victoria Dock, Docklands and the site is also included on the Victorian Heritage Register (H1720). Under the heritage overlay, a permit is required for demolition, buildings and works and signage, unless a permit has already been issued for the works by Heritage Victoria.

15. An approval has been granted by Heritage Victoria for the works to the pier and buildings and was subject to consultation with the City of Melbourne, and it was supported by Council officers. As this approval has been granted, there are no planning permits required for demolition and buildings and works under the heritage overlay. However, as noted previously under the Docklands Zone, there are still planning permit requirements for future building and works for the development. The assessment of these future planning permits would not include any heritage considerations as they have been addressed as part of the Heritage Victoria approval.

16. Council’s Urban Design Team reviewed the submitted plans and supported the proposal, subject to some suggested minor changes to a kitchen window, clarification of the pavement treatment and reduction in the number of driveways across the Grand Plaza from two to one.

17. The concerns regarding vehicle driveways has been addressed in the approved Development Plan documentation via a condition that requires amended plans to be submitted to reduce the number of vehicle driveways over the Grand Plaza from two to one in line with Council’s recommendation.

Amenity Impacts

18. The proposed uses associated with the Interim Development, other than the microbrewery, do not require a planning permit. Therefore, there are no controls regarding amenity impacts from these uses available under the provisions of the Melbourne Planning Scheme. These “as of right uses” can only be controlled through other legislative provisions, such as the EPA noise regulations and any Liquor Licence conditions (if liquor licences are sought). If the microbrewery proposal proceeds, a separate planning permit application will be required, whereby a permit for this use can include conditions relating to emission of noise, odour or other amenity impacts.

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19. Currently, Vic Urban is the Municipal Authority who is required to respond to liquor license referrals from Consumer Affairs Victoria. This referral authority status will be transferred to the City of Melbourne when it becomes the Municipal Authority (1 July 2007). As there are potential noise impacts associated with any licensed premises, it is suggested that Council advise Vic Urban that any future liquor license applications received before the City of Melbourne becomes the Municipal Authority (1 July 2007) are referred to the City of Melbourne for comments. In addition to the above, Vic Urban should be advised on appropriate hours of operation for the site to mitigate such noise impacts. These are considered to be as follows:

19.1. Restaurants – close at 1am; and

19.2. Venues with live music, bands or DJs (function centre, tavern and nightclub) – close at 11pm Sunday to Thursday and 1am Friday and Saturday.

20. As Council is not a Referral Authority for Docklands, there is no statutory obligation to refer any future planning permits for building and works, so it is also suggested that, unless the Council is made the Responsible Authority for such applications, the Council requests the Minister for Planning refer any future planning permit applications for the site to the City of Melbourne. Further, the applicant should be required to provide a report from an acoustic engineer to verify that the proposed building and works for the development satisfies the relevant EPA requirements.

21. In summary, the proposal is supported by officers as it activates the Central Pier area, provided that there are sufficient controls on the hours of operation of any future licensed premises and appropriate noise attenuation measures (supported by an acoustic engineer) are incorporated in any future building and works permits for the development.

Relation to Council Policy

22. The strategic direction for the Docklands Area is found at Clause 21.08-2 of the Melbourne Planning Scheme. Relevant policy includes support for active street frontages to promote a vibrant street environment, to support Victoria Harbour as the primary retail precinct in Docklands and to strengthen Harbour Esplanade as the major civic spine for the Docklands.

Consultation

23. Officers from the DSE sought comments from the City of Melbourne, but it is understood that the application was not publicly advertised (there are no notification requirements under the Docklands Zone).

Time Frame

24. As the Development Plan has been approved by DSE’s Manager Statutory Approvals (under Delegation from the Minister for Planning), there are no longer any time frame considerations for this application. Any separate future planning permits for the microbrewery use and building and works associated with the development will be subject to the statutory time frames outlined within the Planning and Environment Act 1987.

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Finance

25. No significant financial issues arise from the recommendations in this report.

Legal

26. The report accurately identifies the statutory limitations on the Council.

Sustainability

27. The State Planning Policy Framework seeks to ensure that the objectives of planning in Victoria are fostered through appropriate land use and development policies and practices which integrate relevant environmental, social and economic factors in the interests of net community benefit and sustainable development. Some of these objectives include:

27.1. Protection of areas and sites with significant historic, architectural and cultural values;

27.2. Management of resources, including energy and water, to support environmental quality and sustainable development over the long term;

27.3. Contribution towards the economic well-being of communities by supporting and fostering economic growth and development for appropriate land uses;

27.4. Recognition of social needs by providing accessible community facilities and appropriate open space; and

27.5. Creation of safe physical and social environments for communities through appropriate location of land uses and developments and quality of urban design.

Background

28. The subject site is located within the Victoria Harbour precinct within the Docklands area.

29. The Minister for Planning is currently the Responsible Authority for granting of planning approvals for the Docklands area. Vic Urban is a Referral Authority under the provisions of the Planning Scheme and, as such, all applications are required to be referred to it for comment.

30. The City of Melbourne has no formal status in the planning approval process for the Docklands area, however for some years it has been involved in the process as a result of a Ministerial protocol which requires that the Council be consulted on all planning proposals.

31. In accordance with above protocol, the Central Pier Interim Development proposal was referred to the City of Melbourne for comment on 21 December 2006. Council officers provided comments to DSE officers and subsequently the Minister for Planning determined to issue the Development Plan approval on 2 February 2007.

32. In the light of the transfer of the Docklands area to the City of Melbourne municipality on 1 July 2007 a review of current planning processes, including the issue of Responsible Authority status, is currently being discussed between DSE, VicUrban and the City of Melbourne.

33. Also, Vic Urban is the Municipal Authority who is required to respond to liquor license referrals from Consumer Affairs Victoria. This referral authority status will be transferred to the City of Melbourne when it becomes the Municipal Authority on 1 July 2007.

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Attachments: 1. Locality Plan 2. Proposed Plans 3. Approval Issued by the Minister for Planning

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34. Therefore, any future liquor licence applications associated with the Central Pier Interim Development sought prior to 1 July 2007 will be referred to VicUrban for comments and any liquor licence applications sought after 1 July 2007 will be referred to the City of Melbourne for comments.

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The City of Melbourne does not warrant theaccuracy, currency or completeness of information inthis product. Any person using or relying uponsuch information does so on the basis thatthe City of Melbourne shall bear no responsibilityor liability whatsoever for any errors, faults,defects or omissions in the information.

Legend

Scale 1:2737

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Attachment 1 Agenda Item 5.4 Docklands and Major Projects Committee 1 May 2007

of 16

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Agenda Item 5.4 Docklands and Major Projects Committee

1 May 2007

FINANCE ATTACHMENT


No significant financial issues arise from the recommendations in this report. Joe Groher Manager Financial Services

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Agenda Item 5.4 Docklands and Major Projects Committee

1 May 2007

LEGAL ATTACHMENT


The report accurately identifies the statutory limitations on the Council.

Section 33(2) of the Liquor Control Reform Act 1998 provides that, on receiving an application for a licence, variation of licence or relocation of licence, the Director of Liquor Licensing must notify the Council of the municipal district in which the premises or licensed premises are or are going to be situated.

Whilst section 38 of the Act provides that any person can object to an application for a permit on the grounds of amenity, section 40 provides some additional rights in the relevant municipal council.

The application of these sections will pass from VicUrban to this Council on 1 July 2007.

Kim Wood Manager Legal Services

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3.3.2.2. venues with live music, bands or DJs (function centre, tavern and nightclub) – close at 11pm Sunday to Thursday and 1am Friday and Saturday.

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