planning permit application no. tp-2009-1154 8 june …...future melbourne committee report agenda...

F U T U R E M E L B O U R N E C O M M I T T E E R E P O R T Agenda Item 5.1 PLANNING PERMIT APPLICATION NO. TP-2009-1154 97-115 BERKELEY STREET, MELBOURNE

8 June 2010

Portfolio Planning

Division City Planning and Infrastructure

Presenter Shiran Wickramasinghe, Manager Planning and Building

Purpose

1. To advise the Future Melbourne Committee of a permit application to demolish the existing buildings on site and construct a multi-storey student accommodation facility featuring a food and drink premises, display of internally illuminated signs and reduction of car parking requirement.

2. This application is presented to the Committee at the request of Councillor Shanahan.

Summary

Application Number: TP-2009-1154

Proposal: Demolition of existing buildings and construction of a multi-storey student accommodation facility featuring a food and drink premises, display of internally illuminated signs and reduction of car parking requirement.

Applicant: Urban Land Nominees Pty Ltd.

Zoning: Mixed Use Zone (MUZ)

Overlays: Heritage Overlay No.802 – 97 Berkeley Street, Carlton (HO802) Heritage Overlay No.20 – 109-115 Berkeley Street, Carlton (HO20) Design and Development Overlay No.44 – Elizabeth Street and South Carlton (DDO44).

Existing Use: Warehouse

Number of Objections: 6

Recommendation from management

3. That the Future Melbourne Committee resolve to issue a Notice of Decision to Grant a Planning Permit subject to the conditions set out at Attachment 1.

Subject Site and Surrounds

4. The subject site is located on the western side of Berkeley Street, north of Queensberry Street. A locality plan is provided at Attachment 2.

of 31

2

5. The site comprises two properties, a D-graded inter-war warehouse at 97-107 and a C-graded Edwardian warehouse at 109-115 Berkeley Street. The combined area of the site is approximately 590 square metres.

6. Corporation Lane 1014 (CL1014) extends along the northern and western boundaries of the site and provides access to the rear of properties fronting Elizabeth Street.

7. A multi-storey building is currently being constructed immediately to the north of the site (660 Elizabeth Street.) This building will stand to a height of 11 storeys (approximately 35m to the parapet and 39m in overall height) and will be used for residential purposes.

8. Planning approval has also recently been granted to construct a multi-storey residential building immediately to the south of the site (640 Elizabeth Street). This building will stand to a height of 11 storeys (approximately 30m to the parapet and 40m in overall height) and will be used for residential purposes.

9. To the west of the site, across CL1014 stands a row of low scale buildings used for a variety of commercial purposes. The upper floors of some of these buildings are used for residential purposes.

10. To the east of the site, across Berkeley Street, stands a row of former warehouse buildings.

Proposal

11. The application proposes the demolition of the existing buildings on site and the construction of a 12-storey student accommodation facility. A copy of the application plans are provided in Attachment 3.

12. This building will stand to a height of 39m (40.85m to the top of roof top services) and is built over the entirety of the site. The building will feature a distinctive webbed screen extending across the Berkeley Street frontage and the northern and part of the western facades.

13. At ground floor level the building will comprise a reception and building manager’s office, student lounge and common room, student laundry, two visitor suites, 40-seat food and drink premises, building services including bicycle and bin storage areas and two car parking spaces. These spaces are to be accessed via CL1014 at the rear of the building.

14. The development will comprise 188 student rooms, measuring between 22 and 25 square metres in area. Each room will include kitchen and bathroom facilities, bed and study space. Each room is self-contained and meets the planning scheme definition of a dwelling.

15. A communal reading room will also be located at first floor level.

16. All east-facing units will feature operable windows located behind the webbed screen extending across the Berkeley Street façade. All west-facing units at first and second floor level will also feature operable windows. All units above second floor will feature balconies. These balconies will project 370mm over the rear property boundary.

17. At roof level the building will feature a communal open space featuring barbeque and clothes drying facilities.

18. Illuminated signage is proposed to be displayed above the entrance to the building, at the entrance to the food and drink premises, and at the top of the lift shaft located at the rear of the building. The precise content of these signs has not been provided.

of 31

3

Key issues

19. The key issues for consideration are:

19.1. built form and design;

19.2. heritage and the demolition of the existing buildings;

19.3. the student accommodation use; and

19.4. cCar parking, traffic and loading and unloading.

Built form and design

20. Design and Development Overlay – Schedule 44 (DDO44) which is otherwise known as the Elizabeth Street and South Carlton DDO, affects the subject site. Relevant design objectives are:

20.1. to encourage a consistent higher form of development in this area;

20.2. to maintain a contrast in building heights between this precinct and the CBD;

20.3. to acknowledge the transitional nature of the area and the opportunity for the development of a new built form character; and

20.4. to encourage development opportunities in the education, research and development sectors.

21. The DDO provides for a discretionary height control of eight storeys (3.5m floor to floor for residential and four meters floor to floor for non-residential uses). This DDO therefore provides for a height limit of between 28m to 32m.

22. The DDO states that a planning permit can be granted to exceed the maximum building height, but that such an application must demonstrate how the development will continue to achieve the design objectives and built form outcomes of the DDO and will meet local policy requirements.

23. The development proposes a building which is built to the site boundaries and which reaches a maximum height of 12 storeys (40.85 metres including roof top services).

24. The Urban Design Branch were concerned with the overall height of the building and suggested a maximum height of 10 storeys (approximately 32m). However a taller building could be supported subject to the upper levels being setback.

25. In response to these concerns it is proposed to require the upper two levels of the development to be setback three metres from the Berkeley Street, southern and northern boundaries of the site to reduce the perceived height of the building to 10 storeys (or around 31m-32m in height) when viewed from Berkeley Street. This setback would enable the development to better reflect the parapet height of the adjoining approved building to the south and reinforce the general emerging built form character of the surrounding area.

26. The proposal is considered to meet the relevant design objectives of the DDO as it comprises a student accommodation use and a higher form of development that still maintains a significant contrast in building height when compared with the built form of the CBD as encouraged by the DDO.

of 31

4

27. As well as the design objectives, the DDO contains nine built form outcomes. The only one which is relevant to this application is “the creation of a new character reflecting institutional, commercial and residential demand”. The application clearly reflects market demand and is consistent with the emerging built form character of the surrounding area.

28. The proposal is considered to meet the various policy objectives of Clause 22.17 – Urban Design Outside the Capital City Zone as it:

28.1. will sit comfortably in the streetscape between two buildings of similar height and responds to the scale of emerging new built form;

28.2. will not have any unreasonable impacts on adjoining properties; and

28.3. provides for a high standard of design with an interesting mix of materials.

29. The design and detailing of the building were considered acceptable by Council’s Urban Design Branch subject to further details regarding the proposed screen to the Berkeley Street elevation. The activation of the Berkeley Street frontage and the proposed energy efficiency measures (solar array, solar hot water and natural ventilation) are also supported.

Heritage and the demolition of the existing buildings

30. The existing buildings on the site are C graded (115 Berkeley Street) and D graded (97 Berkeley Street) under Council’s Heritage Inventory. It is proposed to demolish both of these buildings.

31. Council’s heritage consultant indicated that any proposal to retain only the façades of the buildings would not be supported and that “structurally complete” elements of the building should be retained. In the heritage consultant’s view this would constitute the front eight metres in depth of both buildings. The applicant has prepared sketch designs incorporating the facades of the buildings but considers them to produce an inferior architectural result.

32. Retention of the facades only would result in mere heritage “wallpaper” which is not a desirable heritage outcome.

33. It is considered that the demolition of these buildings is acceptable for the following reasons:

33.1. the overall site depth is 15.29m and a setback of eight metres would result in an impractical design response that would compromise the development potential of the site in an area where higher development is encouraged;

33.2. the proposal allows for the activation of the street edge, which would be impractical if the original heritage fabric were to be maintained;

33.3. it will facilitate the development of a multi-storey student accommodation use in close proximity to various tertiary institutions in an area which the design and development overlay seeks to “encourage a consistent higher form of development”; and

33.4. the two buildings in question are located between two approved buildings of similar size to that proposed.

of 31

5

The student accommodation use

34. The application proposes a student accommodation facility in close proximity to local tertiary institutions.

35. The use of the site for student accommodation is consistent with the purpose of the Mixed Use Zone which seeks (inter alia): “to provide a range of residential, commercial, industrial and other uses which complement the mixed-use function of the locality”.

36. The use of the site for student accommodation is also consistent with the Council’s Municipal Strategic Statement (MSS) which seeks to “support residential development (including student accommodation) within the South Carlton area…” and to “support the continued growth, clustering and expansion of tertiary education (University of Melbourne and RMIT University), research institutions and student accommodation in South Carlton, along Elizabeth and Swanston Streets … consistent with the Land Use Amenity Principles” (Clause 21.08-7).

37. It is considered that this facility will support and, in turn, encourage the further expansion of higher education facilities in the immediate surrounding area.

38. At the April 2010 Future Melbourne Committee, a Student Housing Policy was adopted (proposed Clause 22.24). The Planning Scheme Amendment to facilitate the introduction of this policy has been sent to the Minister for Planning for authorisation. As this policy is still awaiting authorisation from the Minister for exhibition it cannot yet be considered a seriously entertained planning policy.

39. In any event, as it is currently drafted this policy would not apply to the proposed development as the policy states that it does not apply if “the accommodation comprises a number of fully self-contained units that meet the definition of a dwelling”. The proposal meets this requirement.

40. That said, the policy provides some useful guidance with respect to the design and layout of students’ rooms, and the provision of shared facilities and communal space.

41. With respect to the design and layout of Students’ rooms it is noted that:

41.1. the student rooms are all self-contained apartments (with shared laundry facilities) ranging in area from 20sqm to 25sqm – which appears to comfortably comply with the policy which seeks a minimum floor space of 10.8sqm for a room (not including a kitchen and en-suite). The kitchen space proposed can accommodate a microwave, stove top cooker, fridge, clear bench space and sink with hot and cold running water, as well as storage space for food, crockery, utensils, cleaning equipment and a designated location for garbage and re-cycling;

41.2. every room has direct access to daylight, fresh air and outlook;

41.3. each room is not unreasonably overlooked by another room, either in the same building or an adjoining property; and

41.4. rooms will not be subject to excessive noise, nor disruption from pedestrian or vehicle traffic, from within or outside the complex.

42. Shared laundry facilities are proposed and clotheslines are proposed on top of the roof.

43. The proposal incorporates a waste storage room at ground level with direct access from Berkeley Street and internal access from the communal corridor.

44. With respect to communal space the proposed development provides for the following:

of 31

6

44.1. a lounge (43sqm) and a communal seating area (28sqm) at ground floor level. There is also a café (50sqm) with outdoor area (14sqm) proposed fronting Berkeley Street;

44.2. a reading room of approximately 20sqm at first floor level;

44.3. a roof deck and BBQ area of approximately 60sqm (not including the area set aside for clotheslines); and

44.4. these facilities will allow for interaction and assist in fostering a sense of community as advocated by the proposed policy.

45. Whilst the draft policy does not technically apply, this would seek provision of 235sqm of communal indoor space (based on 15sqm for every 12 students) and 470sqm of communal outdoor space (based on 2.5sqm per student). It is considered that the provision of well located and designed communal space of between 151-215sqm (indoor) and 60 sqm (outdoor) is appropriate for this development.

Car parking, traffic and loading and unloading

46. The proposal provides for two car parking spaces at ground floor level accessed via the rear laneway. Waste storage is proposed at the south-east corner of the site (accessed via Berkeley Street) and a bicycle storage locker is proposed to the rear laneway.

47. The application was referred to Council’s Engineering Services Group (ESG) who supported the proposal and stated that:

47.1. the number of car parking spaces was sufficient given the sites proximity to local tertiary institutions and the central city;

47.2. the anticipated number of vehicle movements to/from the site would not impact adversely upon the function of the surrounding street network;

47.3. the laneway at the rear of the site is wide enough to accommodate vehicle entry to the building;

47.4. all rubbish should be collected via Berkeley Street and not the rear lane way. The applicant should clarify where the bins of the food and drink premises will be collected (a waste management plan condition is proposed); and

47.5. additional bicycle parking spaces should be provided (this is proposed to be required by way of permit condition seeking a minimum of 40 bicycle parking spaces).

Consultation

48. Notice of the application was sent to the owners/occupiers of surrounding properties and a public notice was placed on site for 14 days.

49. Six objections were received. In summary, the objectors raised concerns regarding:

49.1. the demolition of existing heritage buildings on the site;

49.2. the design detailing and height of the building;

49.3. the use of the land for a food and drink premises (and the potential for amenity impact);

of 31

7

49.4. loading, unloading and waste storage; its impact on the function of Berkeley Street and the Corporation Lane; and the size of these components of the development;

49.5. insufficient car parking and concerns regarding existing on-street parking in the immediate surrounding area being at a premium;

49.6. the safety of children and students as a result of increased vehicle movements generated by the use/development;

49.7. overshadowing of adjoining buildings and public spaces/streets;

49.8. overlooking;

49.9. the need for the use. The application represents the further proliferation of student accommodation facilities in the immediate surrounding area; and

49.10. the potential contamination of the site.

50. With respect to overshadowing the proposed building will, for the most part, overshadow the roofs of adjoining buildings fronting Elizabeth Street or public streets. The proposed building will not overshadow any public open space or parks. In any case, for much of the day the shadows cast by this building will be within shadows cast by the adjoining approved development at 660 Elizabeth Street.

51. With respect to potential contamination, a proposed condition seeks further environmental assessment and, if necessary, a certificate or statement of Environmental Audit.

Time frame

52. The application has exceeded the 60 day time limit and therefore may be subject to an appeal at the Victorian Civil and Administrative Tribunal.

Relation to Council policy (including Municipal Strategic Statement)

53. State which Local policies which are relevant in the consideration of this application are:

53.1. Clause 14.01 – Planning for Urban Settlement;

53.2. Clause 15.06 – Soil Contamination;

53.3. Clause 15.11 – Heritage;

53.4. Clause 15.12 – Energy Efficiency;

53.5. Clause 19.03 – Design and Built Form;

53.6. Clause 21.08-7 – Local Areas ‘Carlton’; and

53.7. Clause 22.07 – Advertising Signs.

53.8. Clause 22.17 – Urban Design outside the Capital City Zone.

54. The Council’s draft Student Housing Policy (proposed Clause 22.24) is also of some relevance, as outlined in the report above.

of 31

8

Referrals

External Referrals 55. The application was referred externally to the Director of Transport for comment. The Director

offered no objection to the application.

56. The application was not referred to the Urban Design Unit of the Department of Planning and Community Development (DPCD), however the applicant independently approached DPCD who provided the following comments:

56.1. in general terms, the design of the building ‘represents a creative and contemporary response to the normally predictable, budget-driven typology of student apartment housing’ and ‘constitutes a combination of visually dynamic and engaging façade treatments that will contribute positively to a part of the city that is undergoing significant change’;

56.2. the design/detailing of the western facade of the building presents as a coherent and engaging composition;

56.3. the screens upon both the eastern and northern facades of the building provide a contrasting geometric pattern which assist in enhancing light and shade effects;

56.4. the offset of the screen from the building façade should be maximised to optimise light/shade effects;

56.5. the folding/undulating of the screen could assist in further optimising light and shade effects;

56.6. the appropriateness of the screen will largely depend upon its finer detailing and materiality; and

56.7. careful consideration should be given to how the screen is fixed to the building.

Internal Referrals 57. The application was referred to Urban Design, Engineering Services and Council’s Heritage

Advisor for comment.

58. Urban Design stated that:

58.1. the existing buildings on site contribute to the character of the Berkeley Street streetscape and the retention of their facades as a minimum would be preferred. Any upper levels would need to be setback behind these retained facades;

58.2. the overall height of the proposed building would be supported if lower levels were aligned with the openings of the existing buildings;

58.3. as proposed, the overall height of the building is considered to be excessive. This height is four storeys more than the preferred height limit;

58.4. the building should not exceed a height of 10 storeys (approximately 32 metres). The top floor of the building should be setback to allow for roof decks. Again, a higher scale building could be supported if the existing buildings on site were retained and upper levels setback. This would further mediate the overall height of the building;

of 31

9

58.5. it is considered that the design/detailing of the building itself is generally acceptable. The success of this design/detailing relies upon the screening erected upon the building. Additional details of the screens are required for further consideration;

58.6. the extent of projections (balconies over rear lane) would be acceptable only if the height of the building were reduced. It is noted that the adjoining lane way is not a high amenity space;

58.7. the activation of the Berkeley Street frontage of the building at ground floor level is welcome;

58.8. the proposed energy efficiency initiatives (solar array, solar hot water systems and natural ventilation) are welcome. The applicant should explore other opportunities to improve the energy efficiency of the building; and

58.9. the proposed signage is acceptable.

59. Engineering Services stated that:

59.1. given the proposed use of the building and the proximity of the site to local tertiary institutions and the central city, it is considered that the number of car parking spaces provided on site (two) is sufficient;

59.2. it is considered that the anticipated number of vehicle movements to/from the site will not impact adversely upon the function of the surrounding street network;

59.3. a condition should be included on any permit issued requiring the owner to enter into a Section 173 legal agreement with Council ensuring the building is used only as a student accommodation facility;

59.4. a note/condition should be included on any permit issued advising the owner that residents of the facility will not be eligible for on-street resident parking permits and that existing on-street parking requirements will not be altered to accommodate future residents;

59.5. it is considered that the lane at the rear of the site is wide enough to accommodate vehicle entry to the building;

59.6. should the on site car parking spaces be enclosed their minimum internal length should be six metres. The required additional length may be obtained by relocating the western wall of the building adjacent to parking spaces a short distance further to the west;

59.7. all rubbish should be collected via Berkeley Street and not the rear lane. The applicant should clarify where the bins of the food and drink premises will be collected.

59.8. clause 52.34 (Bicycle facilities) requires 38 resident and 19 visitor bicycle parking spaces on site;

59.9. though documentation submitted together with the application states that 38 bicycle parking spaces will be provided on site, it is unclear where these spaces will be provided; and

59.10. additional bicycle parking spaces should be provided.

60. Council’s Heritage Consultant stated that:

60.1. Berkeley Street is marked by a repeating row of fine grain warehouse/industrial buildings and as such is an excellent example of the late nineteenth/early twentieth century development of south Carlton;

of 31

Attachments: 1. Proposed Permit Conditions 2. Locality Plan 3. Application Plans

10

60.2. the existing buildings on site contribute to the warehouse/industrial character of the street although a large-scale building currently being constructed immediately to the north of the site may alter this character;

60.3. any proposal to retain only the facades of the buildings would not be supported. This would represent ‘wall paper’ only. Structurally complete elements of the buildings should be retained. It is likely that this would constitute the front 8 metres in depth of both buildings;

60.4. higher rear additions should generally match the heights of the existing buildings only (approximately three modern storeys); and

60.5. projections over the rear laneway should be limited to maximise solar access.

Finance

61. There are no direct financial issues arising from the recommendation contained in this report.

Conflict of interest

62. 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.

Legal

63. Division 1 of Part 4 of the Planning and Environment Act 1987 sets out the requirements in relation to applications for permits pursuant to the relevant planning scheme.

of 31

PROPOSED PERMIT CONDITIONS 97-115 BEREKELY STREET, TP 2009-1154

1

1. Prior to the commencement of any 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) The 11th and 12th floors of the building setback from the Berkeley Street, southern and northern boundaries of the site a minimum of 3 metres. The webbed screen may extend above the 10th floor of the building but only to a point which maintains the structural integrity of the screen or enables it to act as a balustrade serving any open spaces/balconies which might be located within the setbacks of the 11th floor.

b) Further details of the webbed screen including its finish and how it is attached/resolved at the corners of the building.

c) The southern boundary wall of the building finished in a high quality material/finish. Details of this material(s)/finish(es) must be submitted to the Responsible Authority for further consideration. Should the adjoining approved building at 634 Elizabeth Street (refer Planning Permit No. TP-2008-587) be constructed prior to that hereby approved, only those parts of the southern boundary wall visible following the construction of the adjoining building need be finished in a high quality material/finish.

d) The length of the on-site car parking spaces increased to a minimum of six metres. This may require the relocation of the adjoining wall/roller door adjacent to the parking spaces.

e) A minimum of 40 bicycle parking spaces on site. Three of these spaces must be made available to staff and patrons of the food and drink premises. All spaces should be designed in accordance with the provisions of Clause 52.34-4 (Design of bicycle spaces) of the Melbourne Planning Scheme.

f) Further details of the proposed signs including their exact location and content.

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

2. 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, roofs, fascias, window frames, glazing types, doors and balustrades.

3. The use and development as shown on the endorsed plans must not be altered or modified without the prior written consent of the Responsible Authority.

4. Prior to the commencement of the development hereby approved a Phase 2 Environmental Assessment must be submitted to the Responsible Authority indicating the extent and nature of any contaminated materials on site to the satisfaction of the Responsible Authority. Should the Phase 2 Environmental Assessment conclude that an Environmental Audit is necessary, prior to the commencement of the buildings/works hereby approved the applicant must provide:

a) A certificate of Environmental Audit in accordance with Section 53Y of the Environment Protection Act 1970; or

b) A Statement of Environmental Audit under Section 53Z of the Environmental Protection Act 1970. This Statement must state that the site is suitable for the use and development allowed by this permit.

Attachment 1Agenda Item 5.1

Future Melbourne Committee8 June 2010

of 31


2

Should a Statement of Environmental Audit be required, any conditions of the Statement must be complied with to the satisfaction of the Responsible Authority prior to the commencement of the use hereby approved. Written confirmation of compliance must be provided by a suitably qualified environmental professional or other suitable person acceptable to the Responsible Authority. In addition, sign off must be in accordance with any requirements in the Statement conditions regarding verification of works.

5. Prior to the commencement of the development hereby approved, including demolition, 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.

6. Prior to commencement of the development hereby permitted, excluding demolition, the Owner of the site must enter into a legal agreement pursuant to Section 173 of the Planning and Environment Act 1987 and pay a lump sum license premium (payable at the outset rather than an annual fee), concerning liability and maintenance of those parts of the development projecting into airspace or sub-soil of land under the care and management of Council and disclaiming any right or intention to make or cause to be made at any time any claim or application relating to adverse possession of the land. The Owner of the site must pay all of Council’s reasonable legal costs and expenses of this agreement including preparation, execution and registration on title.

7. Prior to the commencement of the uses hereby permitted, the Owner of the land must enter into and execute an agreement with the Responsible Authority pursuant to Section 173 of the Planning and Environment Act 1987 in which it shall be covenanted as follows:

1. Pursuant to the provisions of Section 181 of the Planning and Environment Act 1987 this agreement shall be registered with the Registrar of Titles and shall run with the land;

2. That the requirements contained in the agreement shall form part of any lease of the premises which the Owner of the land under this permit may enter into with another party; and

3. The Owner of the land under this permit shall pay all legal costs and be responsible for the preparation and registration of the said agreement

The Section 173 agreement must specifically provide for the following:

a). The accommodation provided is to be used for the exclusive accommodation of students enrolled full time at a secondary or tertiary level educational institution and is to be vacated

of 31


3

within three months of the completion of full time studies;

b). The building to operate in accordance with the Facilities Management Plan required by this permit to the satisfaction of the Responsible Authority. The Plan must establish a set of ‘house rules’ for the use to be followed thereafter to the satisfaction of the Responsible Authority.

8. Prior to the commencement of the use hereby permitted, a Facilities Management Plan must be submitted to and approved by the Responsible Authority. When approved, this Plan will be endorsed as evidence of its approval and will then form part of the permit. The Plan must establish a set of ‘house rules’ for the use to be followed thereafter to the satisfaction of the Responsible Authority. The Plan must ensure that a suitably qualified manager with responsibility to oversee student behaviour permanently resides on the site and must detail the maintenance, cleaning, garbage storage and collection, supervision and security of the site.

9. Prior to the commencement of the development hereby approved the applicant must submit to the Responsible Authority a Waste Management Plan. This plan must specify if rubbish is to be collected by Council or private contractors and the frequency of collections. The plan must also detail the capacity of rubbish storage facilities including the capacity of recycling bins.

10. All waste collections must be carried out from Berkeley Street only. Bins must not be collected from Corporation Lane 1014.

11. No garbage bin or waste materials generated by the permitted use shall be deposited or stored outside the site and bins must be returned to the garbage storage area as soon as practicable after garbage collection.

12. The food and drink premises hereby approved may operate between the following hours only: Monday to Friday – 7.00am to 7.00pm Saturday and Sunday – 8.00am to 5.00pm Separate planning approval will be required to extend these operating hours.

13. No amplified live music or entertainment is permitted in the food and drink premises at any time without the prior written consent of the Responsible Authority.

14. No loudspeaker, amplifier, relay or other audio equipment may be installed or used outside the food and drink premises.

15. The noise generated from within the food and drink premises must not be audible from the habitable rooms, with windows closed, of any nearby dwellings and residential buildings.

of 31


4

16. The maximum number of patrons permitted within the food and drink premises at any one time is 40.

17. Tables and chairs must be placed in position in the food and drink premises so as to be available for at least 75% of patrons attending the premises at any one time.

18. No street trees adjacent to the site may be removed, lopped, pruned or root-pruned without the prior written consent of Council’s Manager, Parks and Recreation.

19. The signs, including their structure and advertising material therein as shown on the endorsed plans, must at all times be maintained in good order and condition to the satisfaction of the Responsible Authority.

20. The location, size, material of construction, colours, wording and degree of illumination of the signs as shown on the endorsed plans must not be altered or modified without the written consent of the Responsible Authority.

21. The signs hereby approved must not be animated or contain any flashing lights.

22. The internal illumination of the sign of the food and drink premises must cease when the premises is not open for business.

23. This permit, as it relates to the advertising signs hereby approved, expires 15 years from the date of issue of this permit at which time all signs and their supporting structures must be removed and building surfaces made good to the satisfaction of the Responsible Authority.

24. Prior to the commencement of the uses hereby permitted, appropriate street numbers must be displayed on the building to the satisfaction of the Responsible Authority.

25. No more than one telecommunications receiver/television aerial may be erected on the building without the prior written consent of the Responsible Authority.

26. All service pipes, apart from roof down pipes, must be concealed from the view of a person at ground level within common areas, public thoroughfares and adjoining properties.

27. Any future subdivision of the student accommodation facility hereby approved must show that all communal facilities (including common rooms, lounges, reading rooms, car and bicycle parking areas, the laundry and all service areas) as common property to be managed for the benefit of residents.

of 31


5

28. All communal facilities within the building must only be accessible to persons who are residents or guests of residents. It is the responsibility of management to ensure that access is restricted to persons registered to stay on the premises and their guests who hold a security pass or key to a room on the relevant date.

29. The title boundaries of the properties may not exactly agree with the road alignments of Corporation Lane 1014. The development hereby approved must not result in structures that encroach onto this lane.

30. All projections over street alignments must conform to the Building Regulations 2006, Part 5, Sections 505 to 514 as appropriate. Reference may be made to Council’s Road Encroachment Guidelines with respect to projections impacting on street trees and clearances from face/back of kerb.

31. The minimum clearance to the underside of projecting elements over Corporation Lane 1014 from the existing road surface is 5.0 metres. All projections should be drained to legal points of discharge in accordance with plans and specifications first approved by the Responsible Authority, Manager, Engineering Services.

32. The minimum clearance to the underside of projecting elements above the Berkeley Street footpath is 3.0 metres and the minimum setback from the adjacent face of kerb is 2.5 metres. All projecting elements should be drained to legal points of discharge in accordance with plans and specifications first approved by the Responsible Authority, Manager, Engineering Services.

33. The Owner of the site must construct a drainage system, incorporating water sensitive urban design measures, and make provision to connect this system to Council’s stormwater drainage system in accordance with plans and specifications first approved by the Responsible Authority, Manager, Engineering Services.

34. The Owner of the site must construct all necessary vehicle crossings and demolish all unnecessary vehicle crossings adjacent the site in accordance with plans and specifications first approved by the Responsible Authority, Manager, Engineering Services.

35. The Owner of the site is not permitted to alter existing footpath/road levels in Berkeley Street or Corporation Lane 1014 for the purpose of constructing new vehicle or pedestrian entrances without first obtaining the written approval of the Responsible Authority, Manager, Engineering Services.

36. Any requirement to temporarily relocate street lighting must first be approved by the Responsible Authority, Manager, Engineering Services.

of 31


6

37. This permit will expire if one or more of the following circumstances apply:

- 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 signage hereby approved is not erected within two years of the date of this permit; and/or

- The uses are not commenced within four years of the date of this permit.

The Responsible Authority may extend the dates upon which this permit expires only if it receives a request in writing before the permit expires or within three months afterwards.

NOTES: The Owner is advised that future residents of the facility will not be eligible for City of Melbourne on-street resident parking permits and existing on-street parking arrangements will not be altered to accommodate resident’s needs. The Owner is advised that separate planning approval is required to serve/consume alcohol within the food and drink premises. The Owner is advised that any requests to remove, lop, prune or root-prune street trees adjacent to the site should be referred to the City of Melbourne’s Senior Tree Planner, Mr Ian Shears (9658 8516). All necessary approvals and permits must first be obtained from Council and the works performed to the satisfaction of the Responsible Authority, Manager, Engineering Services.

of 31

1

Locality Plan – 97-115 Berkeley Street, Melbourne

Subject Site

Attachment 2Agenda Item 5.1

Future Melbourne Committee8 June 2010

of 31

of 31

katbro

Text Box

Attachment 3 Agenda Item 5.1 Future Melbourne Committee 8 June 2010

Agenda Item 5.1

Future Melbourne Committee 8 June 2010

FINANCE ATTACHMENT

PLANNING PERMIT APPLICATION NO. TP-2009-1154 97-115 BERKELEY STREET, MELBOURNE

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

Joe Groher Manager Financial Services

of 31

Agenda Item 5.1

Future Melbourne Committee 8 June 2010

LEGAL ATTACHMENT

PLANNING PERMIT APPLICATION NO. TP-2009-1154 97-115 BERKELEY STREET, MELBOURNE

Division 1 of Part 4 of the Planning and Environment Act 1987 (“the Act”) sets out the requirements in relation to applications for permits pursuant to the relevant planning scheme.

Section 61(1) of the Act provides that the Responsible Authority may decide:

“(a) to grant a permit;

(b) to grant a permit subject to conditions; or

(c) to refuse to grant a permit on any ground it thinks fit.”

In making its decision section 60(1)(c) of the Act requires the Responsible Authority to consider, amongst other things, all objections and other submissions which it has received.

Section 79 of the Act provides that if the Responsible Authority fails to grant a permit within the prescribed time an applicant may appeal to the Victorian Civil and Administrative Tribunal. If the applicant does so appeal, section 84 of the Act provides that the Responsible Authority may decide on an application at any time after an appeal has been lodged; however the Responsible Authority must not issue or give a permit, a notice of decision or a notice of refusal after the appeal has been lodged.

Objections to this planning permit application have been received. Section 64 of the Act sets out the procedure to be followed by the Responsible Authority in these circumstances. The section provides that the Responsible Authority must give the applicant and each objector a notice in the prescribed form of its decision to grant a permit. The Responsible Authority must not issue a permit to the applicant until the end of the period in which an objector may apply to the Tribunal for a review of the decision or, if an application for review is made, until the application is determined by the Tribunal or withdrawn.

Kim Wood Manager Legal Services

of 31

planning permit application no. tp-2009-1154 8 june …...future melbourne committee report agenda...

Documents