Banyule City Council Agenda 23 June 2014 (pt 2) by Banyule City Council

ATTACHMENTS 1.1

Proposed development (19 units) at No. 59 Cape Street, Heidelberg Attachment 1

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Return of the 2014 General Revaluation Attachment 1

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Draft Banyule City Council Budget 2014-2015 ................................313

Banyule becoming a Refugee Welcome Zone Attachment 1

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Draft City Plan 2013-2017 (Year 2) .................................................199

Adoption of Budget for period 1 July 2014 to 30 June 2015 Attachment 1

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Background / History .......................................................................195 Planning Controls ............................................................................197

Adoption of Banyule's City Plan 2013 - 2017 (Year 2) Attachment 1

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Planning controls and assessment ..................................................155 Plans ................................................................................................171 Shadow Diagrams ...........................................................................186

Ending of Section 173 Agreement - 27 Parklands Avenue, Briar Hill Attachment 1 Attachment 2

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Statutory Declaration .......................................................................154

112-120 Burgundy Street, Heidelberg - Consideration of additional level above preferred Heidelberg Structure Plan height. Attachment 1 Attachment 2 Attachment 3

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59 Cape Street, Heidelberg - Petition Front Pages .........................152

Refugee Welcome Zone - Infomation Sheet....................................550

Council becoming a signatory to the Joint Statement by Victorian Local Governments on Asylum Seekers Attachment 1

Joint Statement by Victorian Local Governments on Asylum Seekers ...........................................................................................554

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Attachment 1: 59 Cape Street, Heidelberg - Petition Front Pages

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Attachment 1: 59 Cape Street, Heidelberg - Petition Front Pages

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Attachment 1

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Attachment 1: Statutory Declaration

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Attachment 1: Planning controls and assessment

SUMMARY OF PROPOSED CHANGES The following table describes the features of the existing approved building at each level and compares this with the proposed amended design. Level

Approved

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ATTACHMENT A

Proposed

Upper 18 conventional car parking 32 car parking spaces provided in car Basement spaces. Bicycle parking stackers. facilities. Ground floor

Shop 1, Shop 2 and Post Decrease in Civic Space by Office. Civic space forward approximately 10m2. Decrease of retail of retail tenancies. area from 473m2 to 464m2 with a slight increase to the floor area of shop 1, slight decrease in area to shop 2 and increase in floor area to shop 3. Introduction of a substation and services area.

First Floor 8 car parking spaces for 6 car parking spaces for retail use retail use, 4 1 bedroom (including 1 disabled space), Substation, apartments. gas room, car lift entry, stairway and lifts, residential storage space for dwellings, two 2 bedroom apartments with balconies to Burgundy Street. Second Floor

7 apartments. Setback 7 apartments. Compliant with DDO5 approved outside DDO5 setback limits. setback limits

Third Floor

7 apartments. Setback 9 apartments. Setback proposed to approved outside DDO5 encroach outside DDO5 setback limits (1m x 0.5m strip across frontage of site) setback limits

Fourth Floor

7 apartments. Setback 9 apartments. Compliant with DDO5 approved outside DDO5 setback limits. setback limits

Fifth Floor 7 apartments. Setback 9 apartments. Setback proposed to approved outside DDO5 encroach outside DDO5 setback limits. Generally consistent with original setback limits approval but includes additional 5m2 ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 155

Attachment 1

Lower 30 car parking spaces - 9 car 18 conventional car parking spaces. Basement stackers (18 spaces), 12 Access via carlift conventional car parking spaces (1 disabled). Access via ramp

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Attachment 1: Planning controls and assessment

Attachment 1

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balcony area. Sixth Floor

7 apartments. Setback 9 apartments. Setback proposed to approved outside DDO5 encroach outside DDO5 setback limits. Generally consistent with original setback limits approval but includes additional 5m2 balcony area.

Seventh Floor

Eighth Floor

4 apartments. Setback approved outside DDO5 setback limits. Height approved above DDO5 limit.

4 apartments. Setback proposed to encroach outside DDO5 setback limits. Includes additional 33.5m2 terrace area for south facing apartment and additional roof parapet area (0.5m x 0.75m) above what was previously approved. Height proposed to encroach above DDO5 height limit. Height generally consistent with previous approval with the inclusion of a roof top terrace and consequent increase in height of lift and stairs to gain access to this terrace.

SUMMARY OF CAR PARKING ALLOCATION Level

Approved spaces

Proposed spaces

Lower 30 Basement (for residential)

Upper 18 Basement (for residential)

Ground (for retail)

floor 8

BACKGROUND/HISTORY Planning application P262/01 for an eight (8) storey building to be utilised for shops and 20 dwellings was refused by Council on 20 May 2002. Following a review of the decision at the ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 156

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Attachment 1: Planning controls and assessment

 The building would be a maximum height of approximately 19 metres measured from the highest ridge line of the building to the ground floor level.  The building would also present to Sheffields Lane as approximately 15.5 metres.  The ground floor of the development would comprise three retail shops, small forecourt and apartment foyer. Shops 1 and 3 at either end would be constructed to Burgundy Street, whilst shop 2 will contain a 1.2m setback. The apartment foyer would be setback 6.2m from Burgundy Street creating a small forecourt. The retail component including amenities would occupy 623.5m2 (Shop 1 – 228.2m2, Shop 2 – 204.4m2 and Shop 3 – 190.9m2).  The second level would contain a 29 space car park, including two visitor spaces, whilst a garbage collection area, residential store and lift would also be located at this level. This level would also contain bicycle parking in the south western corner and individual spaces at the end of each car space (envisaged in a cage format).  The third, fourth, fifth and sixth levels incorporate residential apartments (16 in total). Planning permit P705/09 was granted by Council on 17 June 2011 for buildings and works associated with a mixed use development, use of the land for dwellings and variation to the standard requirements in relation to car parking and vehicle loading/unloading. Plans were endorsed on 11 January 2013 and the permit extended on 9 August 2013 allowing the development to commence by 17 June 2015 and be completed by 17 June 2017. It is noted that this approval allowed for a height and street setbacks beyond those specified within the DDO5 (Heidelberg Specialised and Major activity centre) control. This included height that would allow for overshadowing above the first floor of buildings on the southern side of Burgundy Street. SUBJECT SITE AND SURROUNDING AREA The subject site is located on the northern side of Burgundy Street between Cape Street and Hawdon Street. The site is currently occupied by a number of commercial premises including a tailoring business. The site has also previously accommodated a Post Office and Manchester store which occupied the buildings surrounding an open arcade. Buildings on the site are two storey at the east and the rear of the site. The building along the west boundary is single storey. Due to the level differences between Sheffields Lane and Burgundy Street, there is a fall of between approximately 3 and 3.5 metres (one storey) from the north (rear) to the south (front). The site is located within the core retail section of the Heidelberg Central Shopping Centre, which extends along Burgundy Street from Rosanna Road to the railway overpass directly west of Mount Street. Sheffield Lane is a Right of Way that extends between Cape Street to the east and Hawdon Street to the west, is approximately 3.7 metres wide and provides access to parking ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 157

Attachment 1

Planning Permit P305/04 was issued by the Tribunal (following an appeal against conditions) on 27 September 2005. The permit allows for buildings and works for the purpose of constructing a multi-level building to be utilised for shops and dwellings, a reduction in the associated parking requirement and waiving of the requirement for a loading bay. Details of the approved development are summarised as follows:

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Victorian Civil and Administrative Tribunal, the Tribunal affirmed Council’s refusal on 20 February 2003.

Attachment 1

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associated with a number of properties fronting Burgundy Street. Commercial buildings within the area are generally single or double storey, however there are examples of higher development to the eastern end of Burgundy Street. Nearby examples include a four storey mixed use development to the east at 104 Burgundy Street and a three to four storey residential apartment style development to the west of the Cartmell Street carpark. A large effectively three (3) storey ‘Telstra’ building is located to the north east of the site on the opposite side of Sheffields Lane with access from Cape Street, whilst the Cartmell Street public car park is sited to the west of the ‘Telstra’ building providing a mixture of all day and restricted parking to staff and users of the Heidelberg Shopping Strip. The buildings adjoining the subject site to the east are a mixture of single and double storey scales, built form to the west of the site is also a mixture of double and single storey styles, however it must be acknowledged that many building also contain high parapets and some traditional larger floor to ceiling levels increasing the perceived height of the built form. REFERRAL COMMENTS External Public Transport Victoria Public Transport Victoria did not object to the proposed development and does not require any conditions. Internal Transport Engineering The proposed amendment was reviewed by Council’s traffic engineers with regards to the alterations to car parking and access and made the following comments (summarised):  Clause 52.06 of the planning scheme has been satisfied with the number of spaces provided for the residential and retail components of the building.  Clause 52.34 of the planning scheme has been satisfied with the number of bicycle parking spaces provided with 12 on site and 6 visitor spaces at the front of the building.  The design standards of clause 52.06 of the scheme have generally been met however some concern remains regarding the functionality of the proposed lift. Insufficient documentation is available to confirm the data that has been provided within the traffic report.  Standard conditions should be included. Strategic Planning Strategic Planning did not have any objection to the proposed amendment and did not suggest any permit conditions. Property Services

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Property Services did not object to the proposed development on the basis that all works occur within the Title boundaries and that standard notes are included on any permit issued. PLANNING CONTROLS COMMERCIAL 1 ZONE The purpose of this zone is to: To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses.

Planning approval is required for buildings and works within this zone. A permit is also required for the proposed use of the land for dwellings. DESIGN AND DEVELOPMENT OVERLAY (SCHEDULE 5) The Design and Development Overlay (Schedule 5) is the implementation of the Structure Plan for the Heidelberg Activity Centre. It sets out design objectives, setbacks standards and maximum heights for various precincts within the Activity Centre. The design objectives included within this overlay include: To promote new development that provides a positive contribution to the built form and public realm by:  Respecting the preferred scale and character of the Heidelberg Activity Centre.  Protecting views from the public realm along and across the Burgundy Street valley.  Incorporating a combination of articulation, materials and colors to create visual interest.  Providing façade treatments that are sympathetic with nearby areas of parklands and vegetation.  Providing a sympathetic design response to nearby sites of known heritage value.  Providing building setbacks that create a sense of openness within the streetscape environment and maintain the amenity of peripheral residential and other sensitive uses.  Providing consistent setback of buildings along Burgundy Street (east of the railway line), Hawdon Street and Cape Street to retain valued views onto nearby tree-lined ridgelines, the Yarra River’s green corridor and the distant Dandenong Ranges.  Encouraging development to provide passive surveillance to the streetscape and other public areas.  Maintaining sunlight and daylight access to adjoining private open spaces of dwellings in accordance with clause 55.  Locating living areas, windows and private open spaces to minimise the potential for overlooking in accordance with clause 55. ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 159

Attachment 1

To provide for residential uses at densities complementary to the role and scale of the commercial centre.

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 Ensuring ground-level street frontages have activity and interest for pedestrians.  Ensuring car parking is appropriately screened by buildings and landscaping.

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To promote design that enables environmentally sustainable development. To discourage the underdevelopment of land by not permitting buildings or entrenching uses that are inconsistent with the preferred scale and character, identified by the maximum building heights and setbacks detailed in this Schedule. A planning permit is required for the proposed buildings and works. This clause places the site within Precinct 3 (Heidelberg Central Shopping Centre) which designates a maximum height of 25 metres and setback standard 1: Setback Standard: 1

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 Buildings should be constructed to the property boundary, unless civic space is integrated with the footpath.  At the property boundary, the building can be constructed up to a maximum height of 10 metres.  Buildings should be setback an additional 1.5 metres for every 3 metres of building height above 10 metres.  Buildings higher than 16 metres should provide an additional setback to: o

Provide 3 hours of winter sunlight to reach the first floor (4 metres above ground level) on the opposite side of the street; and

Obscure additional levels when viewed from ground level on the opposite side of the street.

CLAUSE 52.06 – CAR PARKING The purpose of this clause is to To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality. To support sustainable transport alternatives to the motor car. To promote the efficient use of car parking spaces through the consolidation of car parking facilities. To ensure that car parking does not adversely affect the amenity of the locality. To ensure that the design and location of car parking is of a high standard, creates a safe environment for users and enables easy and efficient use. A permit is required to reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5 Table 1 of this clause sets out the car parking requirement that applies to a use listed in the Table. A car parking requirement in Table 1 is calculated by multiplying the figure in Column A or Column B (whichever applies) by the measure (for example square metres, number of patrons or number of bedrooms) in Column C. The car parking requirements, provision and shortfall are set out in the table below. Use

Spaces required

Proposed

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Shortfall

Retail Dwelling Visitor Total

Attachment 1: Planning controls and assessment 18 58 11 87

6 50 0 56

12 8 11 31

A planning permit is therefore required for a reduction of 31 spaces required under the planning scheme.

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CLAUSE 52.07 – LOADING AND UNLOADING OF VEHICLES

This clause specifies that: No building or works may be constructed for the manufacture, servicing, storage or sale of goods or materials unless:  Space is provided on the land for loading and unloading vehicles as specified in the table below.  The driveway to the loading bay is at least 3.6 metres wide. If a driveway changes direction or intersects another driveway, the internal radius at the change of direction or intersection must be at least 6 metres.  The road that provides access to the loading bay is at least 3.6 metres wide. A permit may be granted to reduce or waive these requirements if either:  The land area is insufficient.  Adequate provision is made for loading and unloading vehicles to the satisfaction of the responsible authority. Floor are Floor area of building 2,600 sq m or less occupation

Minimum loading bay dimensions 27.4 sq m in single Area Length 7.6 m Width 3.6 m Height clearance 4.0 m For every additional 1,800 sq m or Additional 18 sq m part The amended proposal does not propose a loading bay and therefore a permit is required to waive this requirement. CLAUSE 52.34 – BICYCLE FACILITIES Clause 52.34 states that a new use must not commence or the floor area of an existing use must not be increased until the required bicycle facilities and associated signage has been provided on the land. Where the floor area occupied by an existing use is increased, the requirement for bicycle facilities only applies to the increased floor area of the use. Use Retail Dwelling Visitor Total

Spaces required 0 12 6 18

Proposed 0 12 6 18

Shortfall 0 0 0 0

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Attachment 1

The purpose of this clause is: To set aside land for loading and unloading commercial vehicles to prevent loss of amenity and adverse effect on traffic flow and road safety.

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STATE PLANNING POLICY FRAMEWORK Activity Centres Clause 11.01 relates to activity centres with the objectives: • To build up activity centres as the focus for high-quality development, activity and living for the whole community by developing a network of activity centres. • To encourage the concentration of major retail, residential, commercial, administrative, entertainment and cultural developments into activity centres which provide a variety of land uses and are highly accessible to the community.

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More specifically, Clause 11.04-2 sets out the Activity Centre Hierarchy and sets out specific directives for Principal and Major Activity Centres. Natural Resource Management Clause 14 relates to Natural Resource Management and in particular, water conservation with the objective: • To ensure that water resources are managed in a sustainable way Built Environment and Heritage Clause 15 states that planning should achieve high quality urban design and architecture that: • Contributes positively to local urban character and sense of place. • Reflects the particular characteristics, aspirations and cultural identity of the community. • Enhances liveability, diversity, amenity and safety of the public realm. • Promotes attractiveness of towns and cities within broader strategic contexts. • Minimises detrimental impact on neighbouring properties. Urban Design Principles Clause 15.01-2 outlines that responsible authorities should require that all permit applications for residential development of four or more storeys include an urban context report and design response explaining how the design responds to the existing urban context and preferred future development of the area which has been received with the application. The clause also sets out design principles to development proposals for nonresidential development or residential development not covered by Clause 54, Clause 55 or Clause 56. Design for Safety The stated objective of Clause 15.01-4 is: • To improve community safety and encourage neighbourhood design that makes people feel safe Cultural Identity and Neighbourhood Character The stated objective of Clause 15.01-5 is:

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Sustainable Development Clause 15.02-1 relates to energy and resource efficiency with the objective: • To encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

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• To recognise and protect cultural identity, neighbourhood character and sense of place.

Residential Development Clause 16.01 sets out objectives in relation to integrated housing, location of residential development, strategic redevelopment sites, housing diversity and housing affordability.

Clauses 17.01 relates to 'Business' with the objective: • To encourage developments which meet community’s needs for retail, entertainment, office and other commercial services and provide net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities. Transport Clause 18.01 sets out the objective for integrated transport and land use planning: • To create a safe and sustainable transport system by integrating transport. Clause 18.02 sets out objectives in relation to sustainable personal cycling which are: • To promote the use of sustainable transport • To integrate planning for cycling with land use and development encourage as alternative modes of travel.

and transport land-use and transport and planning and

LOCAL PLANNING POLICY FRAMEWORK Municipal Strategic Statement Council’s Municipal Strategic Statement sets the direction for land use and development in Banyule by identifying key planning elements for consideration and nominating a series of objectives and strategies for each. The overarching vision of the municipality is: “Banyule will be regarded as a city offering a range of quality lifestyles in an urban setting enhanced by the natural environment, and served by an efficient and committed Council”. The relevant objectives encompass Environmental Management, Economic Development and Community Development and Support. There are five key elements within the strategy to achieve the vision and objectives. The relevant elements to this application are ‘Land Use’ (housing and commercial), ‘Built Environment’ and ‘Transport’. Each element contains key issues, objectives and strategies. A response to the relevant elements is provided within the technical consideration of this report. Clause 21.08 Local Places ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 163

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Economic Development

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Clause 21.08 sets out the precinct visions, objectives and strategies for the Heidelberg Major Activity Centre. The subject site is located within Precinct 3 – Heidelberg Central Shopping Centre. The stated vision anticipates that: The Heidelberg Central Shopping Centre Precinct will continue to provide convenience shopping, reinforcing and enhancing its role as a shopping and community activity destination. The precinct will utilise its proximity to the Heidelberg train station and transport interchange, to provide an attractive location for future residents and with cultural and entertainment activities that provide for a vibrant day time and evening economy.

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Clause 22.03 Safer Design Policy Council’s Safer Design Policy applies to all land in Banyule, and seeks to minimise crime and maximise actual and perceived safety. The policy relates to both the development of land, and its use. The Banyule Safer Design Guide is a policy reference, and provides assistance in assessing the response of a proposal to safety issues. Clause 22.05 Business Plans In considering any application to use or develop land zoned business or industrial, the responsible authority shall have regard to any relevant business plan adopted by Council. It is considered that the vision, strategic objectives, framework plan and other elements set out in the Structure Plan for the Heidelberg Precinct and its implementation at Clause 21.08 of the Banyule Planning Scheme provide for a more thorough and relevant strategic framework for the consideration of this proposal than the most recent business plan.b ASSESSMENT The proposed amendment has been considered against the applicable State and Local planning policy and Design and Development Overlay (schedule 5) and is considered to be an acceptable outcome. In particular it is considered that the proposal would satisfy the design objectives and decision guidelines of the DDO5. This is achieved by respecting the preferred scale and character of the Heidelberg Activity Centre, noting that this precinct is expected to accommodate a form of development that is much more intense than traditionally found in this locality. The proposed amendment would not result in unreasonable impacts on views along Burgundy Street as the amendment proposes only minor additional encroachments within the DDO setback limits. In particular, it is considered that sufficient openness would be retained within the streetscape as views to the Yarra River’s green corridor, nearby ridgelines and the distant Dandenong Ranges will be maintained. It is noted that a combination of articulation and materials are proposed to create visual interest, including vertical ‘Louvre’ structures as presented to the street frontage and the eastern elevation. Each elevation would be constructed using a mix of materials including painted concrete, powder coated metal and blue tinted glass. Each of the north and south facing balconies at levels 3 – 8 would be constructed using blue tinted glass the use of a light court on the east and indentation on the western elevation would provide suitable articulation. This would also provide for sufficient natural light to penetrate to the lower levels of the proposed building. With regards to the proposed amended height of the building, this increase is considered to make a positive contribution to the form of the building by providing a roof top garden above the eighth level. The increased height would be a small component of the floor area of the ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 164

entire building noting that this would consist of an increase in height of the stairs, lift and a lobby area. This small component (approximately 65m2) would result in minor additional overshadowing of adjoining properties however, this would not unreasonably reduce opportunities for adjoining buildings to make effective use of natural light. It is also noted that there would be sufficient passive surveillance of the street frontage with the provision of a large forecourt and retail spaces at ground level with glazing to the street. This would also provide activation of the street frontage and interest for pedestrians. Furthermore, the proposed amendment would not result in overshadowing of any secluded private open spaces or result in any unreasonable overlooking of habitable room windows of secluded private open spaces of residential buildings. With regards to landscaping, the proposed development would result in an amended landscape outcome, noting in particular that a rooftop is now proposed that would accommodate substantial landscaping. It is also proposed accommodate landscaping at the third level on balconies that face Burgundy Street. This is considered to be an appropriate level of landscaping for a development of this type. The proposed amended layout would not substantially alter what was initially approved, resulting in a similar retail area at ground level and residential apartments on levels 2-8. This is an appropriate scale and intensity of development to accommodate these uses. Based on this assessment, it is considered that the proposed amendment to increase the height of the building and reduce street setbacks would result in an acceptable outcome, noting that minor additional overshadowing would result from the amendment and that the building would maintain openness of the Burgundy streetscape, allowing for views to the Yarra River’s green corridor, nearby ridgelines and the distant Dandenong Ranges. Ecologically Sustainable Design It is considered the proposed amended layout would result in an appropriate response to Ecologically Sustainable Design principles, noting that With regards to orientation, despite its narrow exposure to the North, 24 apartments would have direct northern access to living spaces and bedrooms. In addition, 13 apartments would have an eastern orientation for living rooms and bedrooms and no apartments would have a western orientation. 21 apartments would have a southern orientation. The Environmentally Sustainable Design Report (prepared by JBA consulting engineers dated 3 December 2013) submitted in support of the application confirms that sustainable features such as double glazed windows would be incorporated throughout the development. A condition of any approval granted should ensure that this feature and others are clearly shown on the plans prior to endorsement. However, Council’s ESD advisor has reviewed the proposal and notes that some amendments should be sought to the submitted ESD report particularly to ensure the STORM report is correct and clarification is sought around the use of double glazed windows. Council’s advisor has also noted that an amended design for the Louvre structures be considered on the eastern elevation to ensure they do not unreasonably reduce sunlight to apartments from the north east. This could be requested as a condition of approval. Livability Guidelines In support of the application, a response to Council’s Livability Guidelines has been submitted by the applicant. This outlines how the development performs against these guidelines, concluding that a minimum of 20% of the apartments meet the requirements of the guidelines. In particular it is noted that all apartments will have a continuous path of ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 165

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travel of at least 1m wide and a grade of 1:14 from the street to each apartment entry. Furthermore, all internal doorway widths would be at least 850mm. Higher Density Residential Development Guidelines Although the proposal remains largely the same with regards to size and location, an assessment of the proposed amendment has been carried out against the Higher Density Residential Development Guidelines and found to be compliant. This assessment is outlined below. Element 1: Urban context Neighbourhood character Complies The applicant has provided sufficient information to understand the neighbourhood context and has and strategic context 1.1 To ensure buildings provided a written submission outlining the respond creatively to their proposalâ&#x20AC;&#x2122;s compliance with the relevant State and existing context and to agreed Local planning policy. aspirations for the future development of the area. This should take the form of an urban context report. Complies The proposed design response acknowledges the Design Response 1.2 To provide a creative context of the site within the heart of a major design response that is based activity centre. The response is contemporary yet on a clear understanding of would be consistent with the eclectic mix of the urban context and architectural styles within Burgundy Street. neighbourhood character. Element 2: Building envelope Complies For reasons outlined in the report, the proposed Height and massing 2.1 To ensure that the amendment to the height to accommodate a roof height of new development top terrace and associated lift and stairs would be responds to existing urban an acceptable outcome that would not be context and neighbourhood contrary to the objectives of the Design and character objectives of the Development Overlay. area. 2.2 To ensure new Complies For reasons given in the main report, the development is appropriate to proposed amendment is considered to be an the scale of nearby streets, acceptable response with regards to the building other public spaces, and envelope. This would not unreasonably impact buildings. upon the scale of nearby buildings in that the DDO anticipates heights similar to the proposed development. 2.3 To protect sunlight Complies The proposed amendment would result in minimal access to public spaces. additional overshadowing of public spaces such as pedestrian paths at street level. This is considered to be an acceptable response. Complies The proposed entry and civic space at ground Street Setbacks 2.4 To respond to existing level would provide for an appropriate response to or preferred street character. the preferred Street character. 2.5 To ensure building Complies No change is proposed as a result of the separation supports private amendment amenity and reinforced neighbourhood character. 2.6 To ensure areas can Complies No change is proposed as a result of the develop with equitable access amendment ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 166

to outlook and sunlight 2.7 To ensure visual Complies No change is proposed as a result of the impacts to dwellings at the amendment rear are appropriate to the context. Views to and from Complies The proposed amendment would retain opportunities for passive surveillance of the residential units 2.8 To maximise informal or street. passive surveillance of streets and other public open spaces 2.9 To maximise residential Complies The proposed amendment would not result in any amenity through the provision new opportunities for overlooking and would of views and protection of ensure the protection of privacy within the site privacy within the subject site and on neighbouring properties. and on neighbouring properties. Complies The proposed amendment would not result in any Wind protection 2.10 To ensure new tall change in this regard buildings do not create adverse wind effects Complies The proposal would incorporate a roof terrace that Roof forms 2.11 To treat roof spaces and should require a landscape plan as part of any forms as a considered aspect approval granted. of the overall building design. Element 3: Street pattern and street-edge quality The proposal does not include any walkable Street pattern and street n/a areas with the exception of the civic space at edge integration 3.1 To create walkable ground level and the communal terrace at the roof areas within a safe and top. interesting public setting 3.2 To closely integrate the Complies The proposal would include three residential layout and occupation tenancies at street level with a wide civic space patterns of new development and building entry as well. The space would be with the street. appropriately activated through the use of glazing and paving materials to provide an attractive and activated entry/forecourt. 3.3 To ensure car parking Complies No car parking is proposed from the Burgundy does not dominate the street Street frontage. frontage. Complies A distinct entry is proposed for the frontage of the Building entries 3.4 To create street building with a clear entry for the residential entrances with a strong component of the development. It is noted that an identity that provide a existing permit condition requires the residential transition from the street to entry of the development to be distinct and clear. residential interiors. 3.5 To ensure car park Complies A simple entry is proposed from Sheffield Lane to entries do not detract from the the rear of the site. street. n/a n/a Front fences 3.6 To avoid creating inactive frontages as a result of fencing private open spaces. 3.7 To ensure that front n/a n/a ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 167

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fences respect and contribute to the neighbourhood character. Element 4: Circulation and services Complies Councilâ&#x20AC;&#x2122;s traffic engineers have reviewed the Parking layout 4.1 To provide adequate, proposal and are satisfied the proposal is safe and efficiently designed acceptable with regards to parking layout and parking layouts. movement. 4.2 To provide safe and Complies The proposed amendment would provide for safe convenient access between and convenient movement between basement car car parking and bicycle areas parks or bicycle parking spaces and pedestrian and the pedestrian entry to entry to buildings via the lifts. buildings. Complies Shared Civic space has been provided at ground Circulation spaces 4.3 To create shared level and a roof top terrace is also proposed. internal spaces that contribute positively to the experience of living in higher density development. Complies An ESD report has been included which outlines Site services 4.4 To minimise running and energy saving measures. maintenance costs. 4.5 To minimise water use. Complies An ESD report has been included which outlines water usage. 4.6 To incorporate provision Complies Adequate space has been provided at ground for site services in the building level design to ensure good function and ease of service and maintenance. Element 5: Building layout and design Complies The proposed amendment would include a mix of Dwelling diversity 5.1 To provide a range of one and two bedroom dwellings. This is dwelling sizes and types in considered appropriate given the context of the higher density residential site within a Major Activity Centre within close developments. proximity to transport and services. Complies The proposed amendment would provide good Building layout 5.2 To optimise the layout of accessibility for people with limited mobility. buildings in response to Furthermore, as the site is located within a major occupantsâ&#x20AC;&#x2122; needs as well as activity centre, the composition of one and two identified external influences bedroom units is considered appropriate. and characteristics of a site. 5.3 To create functional, Complies The apartments are compact but provide flexible, efficient and flexibility. comfortable residential apartments. 5.4 To ensure that a good Complies Most bedrooms have direct access to sunlight standard of natural lighting however, 10 apartments would incorporate and ventilation is provided to bedrooms that have access to only borrowed light internal building spaces. from living spaces. Of these 10, 8 are located on the northern side of the building, therefore would receive sufficient natural light. 5.5 To provide adequate Complies 42 dwellings would be provided with storage storage space for household with space at the ground level, level 2, basement 1 or items. condition basement 2. A condition should be included on ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 168

any approval granted to ensure each apartment is provided with appropriate external storage space. Complies The proposed amendment includes contemporary Design detail 5.6 To promote buildings of design elements with a high use of glazing and high architectural quality and louvre type structures to break up an excessive visual interest. reliance on dense materials such as concrete. An appropriate mix of materials would also be used to ensure visual interest and architectural quality. Element 6: Open space and landscape design Private and communal open Complies The proposed amendment includes balconies for each apartment and the provision of a roof top space 6.1 To ensure access to terrace for communal use of all residents. A adequate open space for all condition of any approval granted will ensure that residents. this space is appropriately landscaped to enhance the amenity of future residents. 6.2 To ensure common or Complies A condition of any approval granted will ensure shared spaces are functional that this space is appropriately landscaped to and attractive for their enhance the amenity of future residents. intended users. 6.3 To allow solar access to Complies Many of the proposed apartments would have the private and shared open direct northern orientation of private open space. spaces of new high density Some dwellings would have southern orientation residential units. of SPOS. The main shared communal space on the rooftop would have direct northern orientation. 6.4 To integrate the design Complies SPOS in the form of balconies are designed to of shared and private open integrate with the front faรงade. spaces into the overall building design and faรงade composition. 6.5 To provide for greenery Complies The proposal includes dedicated landscaping on within open spaces. level 3 in the form of planter boxes on the southern elevation to provide greenery when viewed from Burgundy Street. A landscape plan should also be requested as a condition of any approval granted to show appropriate landscaping to the roof top garden. n/a No public open space is proposed as part of the Public open space 6.6 To create public open design, however some civic space has been space appropriate to its retained at the ground level in the form of a context. forecourt between the retail tenancies. AMENDMENTS SOUGHT TO THE PERMIT As the applicant proposes to amend the design layout and the plans to be endorsed, it is also proposed to amend the conditions of the permit. This would largely relate to condition 1 to reflect the amended design. However, it is also proposed to amend condition 11 which requires the three lots which constitute the subject land, to be consolidated prior to the commencement of development. The applicant has sought to amend this condition to require the titles to be consolidated prior to the completion of development. This amendment would still give Council certainty of the land being consolidated and therefore considered to be an acceptable amendment.

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The applicant also seeks to amend the proposed numbering of apartments from the convention (Level 1, 1/120 Burgundy Street, Heidelberg) to numbering each apartment (i.e. 101, for apartment 1 level 1, 201 for apartment 1 level 2). However, the numbering convention initially specified within the permit is consistent with the numbering of similar developments within Banyule. For this reason it is considered appropriate to maintain this numbering. In addition to this, other amendments to the conditions would be required to reflect the amended design. These would include: Condition 7(e)

Attachment 1

This condition specifies that the development must not be occupied until a number of prior steps have taken place. This includes that the car lifts are operational. This condition should also include reference to the car lift to ensure that this is operational and to Council’s satisfaction prior to the development being occupied. Condition 13 This condition requires the preparation of a landscape plan. This should be amended to update reference to the amended proposal including landscaping of the roof terrace and level 3 balconies and deletion of reference to the ‘vertical garden’. Condition 15 (c) This condition requires the preparation of a waste management plan. The condition should be amended to remove reference to basement level and refer to the need for an ‘amended’ waste management plan as an endorsed plan already exists. Condition 17 This condition requires the preparation of an ESD report and Plan. This condition should be amended to remove reference to the preparation of a plan and refer to the plan that has already been prepared (prepared by JBA Consulting Engineers date 3 December 2013) and a request for this plan to be amended to clarify details such as location of rainwater tank(s), use of solar hot water units and double glazed windows. Condition 19 This condition requires the preparation of a car parking management plan. This should be amended to reflect the amended layout including reference to the car lift. Notes The permit notes outline the need for numbering to occur in accordance with Council’s numbering convention. This should be amended to ensure the additional eight apartments are numbered correctly.

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Item: 4.6

Attachment 1: Background / History

 2009 Feb 2: Planning Permit P523/2008 issued for ‘Multi Dwelling Development comprising the construction of a single storey dwelling (with undercroft garage) along side of an existing dwelling’ approved 2 February 2009.

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 2009 Sep 7: Section 173 Agreement AG737677D dated 7/9/2009 was registered on the Certificate of Title (Vol 08210, Folio 553) in accordance with Condition 3 of the Subdivision Permit (P177/2009). The Section 173 Agreement listed in the purpose at Point 1.5(a) and reiterated in the Owners Obligations in Point 3, states; ‘Each lot created as part of Plan of Subdivision PS629614G shall only be developed in accordance with the conditions and endorsed plans pursuant to Planning Permit P523/2008 issued on 2 February 2009, unless otherwise approved by the Responsible Authority in limited circumstances (see note below)’. The reason for this Section 173 Agreement is to allow for the land to be subdivided before the construction of the approved development granted under Planning Permit P523/2008. This Section 173 Agreement does not prevent an alternative development proposal to be contemplated on the site.  2011 Jun 26: The subject site was purchased by the current landowner.  2011 Oct 12: Planning Permit application for the proposed Multi Unit Development comprising 3 double storey dwellings was lodged to Council. It is highlighted there is no provision under the Planning and Environment Act, 1987 that prohibits the lodgement and assessment of a new Planning Permit application that differs from an existing 173 Agreement registered on the Certificate of Title.  2012 April 17: A Refusal to Grant a Planning Permit application for the proposed Multi Unit Development comprising 3 double storey dwellings was issued by Council on 17 April 2012.  2013 Feb 5: VCAT issued Planning Permit P933/2011 permitting the development of the land for three dwellings and buildings and works under the canopy of a protected tree (VCAT Order P1276/2012, dated 5 Feb 2013).  2013 May 26: Planning Permit P523/2008 issued for ‘Multi Dwelling Development comprising the construction of a single storey dwelling (with undercroft garage) along side of an existing dwelling’ expired.  2013 Jun 12: Plans submitted for Endorsement was received. The Architectural Plans were assessed and largely compliant with Condition 1 of the Planning Permit. The ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 195

Attachment 1

 2009 May 26: Planning Permit P177/2009 for a Two Lot Subdivision approved 26 May 2009. Condition 7 of the permit states the permit will expire if the Plan is not certified within two years of the date of this permit; or a Statement of Compliance is not issued within five (5) years of the date of Certification. The Two Lot Subdivision Plan has been Certified on 23 September 2009. Therefore this Subdivision Permit will expire if the Statement of Compliance is not issued before 23 September 2014.

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Drainage Plans have been approved by Council’s Engineering Department on 17 Sep 2013.  2013 Jul 22: Changes to Section 173 Agreements was introduced into the General Act as part of Stage 1 of the Planning and Environment Amendment (General) Act 2013.  2013 Oct 17: The Permit Applicant was verbally advised that Council could not consent to removing the Section 173 Agreement. This was formally put in writing in a letter to the Permit Applicant on 1 Nov 2013.

Attachment 1

 2013 Oct 29: Changes to Section 173 Agreements was introduced into the Planning and Environment Amendment Regulations 2013 as part of Stage 2 of the Planning and Environment Amendment (General) Act 2013.

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Attachment 2: Planning Controls

The following Planning Scheme controls apply to the subject site: Clause 32.01, Residential 1 Zone

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PLANNING CONTROLS

A planning permit is required pursuant to clause 32.01-4 for the construction of two or more dwellings on a lot. A development must meet the requirements of Clause 55.

 Implement the State and Local Planning Policy Frameworks, including the Municipal Strategic Statement and local planning policies;  Provide for residential development at a range of densities with a variety of dwellings to meet the housing needs of all households; and  To encourage residential development that respects the neighbourhood character. Clause 42.02, Vegetation Protection Overlay – Schedule 1 There is no Planning Permit trigger under this Overlay as the proposal does not seek the removal, destruction or lopping of any protected trees. Clause 42.03, Design and Development Overlay, Schedule 8 A planning permit is required pursuant to Clause 42.03, Design and Development Overlay, Schedule 8, for buildings and works (retaining wall and accessway) under the canopy dripline of VPO1 protected trees (Tree 14, Eucalyptus Polyanthemos). The Design Objectives of this Overlay is to:  To ensure that development does not penetrate the tree canopy.  To ensure that the heavily vegetated character of the area is respected by new development.  To ensure that the health of existing trees is not jeopardised by new development.  To maintain the spaciousness and bush character of front gardens. Planning Scheme Amendment: C100 - Reformed Residential Zones The subject site is currently located within the Limited Incremental Area of Council’s Residential Areas Framework at Clause 21.06 and the Bush Garden Precinct, East of Council’s Residential Neighbourhood Character Policy at Clause 22.02 of the Banyule Planning Scheme. The site has been earmarked to be in a Neighbourhood Residential Zone 2 as part of the proposed Amendment C100, which if approved in its current form will impose maximum development density and minimum lot subdivision areas which the approved development (three dwellings under Planning Permit P933/2011) will not be able to meet. However, it is highlighted the transitional arrangements contained in the State Governments Advisory Note 50, Reformed Residential Zones, July 2013 allows existing permits which have

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Attachment 2

The relevant purposes of the Residential 1 Zone are to:

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not expired to still be acted upon as provided in Clause 63, Existing Uses of the Planning Scheme. This means the requirements of the proposed Neighbourhood Residential Zone 2 (when gazetted into the Banyule Planning Scheme) will not affect this already approved 3 dwelling development on the land until Planning Permit (P933/2011) expires in accordance with Condition 12, permit expiry dates are as follows:

Attachment 2

 This permit will expire if the development does not commence before 5 February 2015; or  This permit will expire if the development is not completed by 5 February 2017.

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5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 271

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 272

5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 273

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 274

5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 275

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 276

5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 277

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 278

5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 279

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 280

5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 281

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 282

5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 283

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 284

5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 285

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 286

5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 287

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 288

5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 289

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 290

5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 291

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 292

5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 293

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 294

5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 295

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 296

5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 297

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 298

5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 299

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 300

5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 301

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 302

5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 303

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 304

5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 305

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 306

5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 307

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 308

5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 309

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 310

5.3

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 311

Attachment 1: Draft City Plan 2013-2017 (Year 2)

Attachment 1

5.3

Item: 5.3

ORDINARY MEETING OF COUNCIL ON 23 JUNE 2014 Page 312

6.1