P L A N N I N G C O M M I T T E E R E P O R T Agenda Item 5.8 13 November 2007PLANNING APPLICATION: TP-2007-482, 35-43 DRYBURGH STREET, WEST MELBOURNE

Division Sustainability and Regulatory Services

Presenter Con Livanos, Executive Officer Planning

Purpose

1. To inform the Planning Committee of an application to develop the land at 35-43 Dryburgh Street, West Melbourne for a 6 storey building which includes a semi-basement level for use as 27 residential apartments and 23 parking spaces.

2. This application has been presented to the Planning Committee at the request of Councillor Shanahan.

Summary

Application Number: TP-2007-482

Proposal: Construction of a 6 storey building which includes a semi-basement level for use as 27 residential apartments and 23 car parking spaces with a partial waiver of the parking requirement.

Applicant: E Smrekar Pty Ltd, Architects 35 Dryburgh Street West Melbourne

Zoning: Mixed Use Zone (MUZ)

Overlay: Design and Development Overlay 28 (North Melbourne Station, which prescribes a discretionary 5-storey height limit);

Design and Development Overlay 26 (North and West Melbourne Noise Attenuation Area)

Existing Use: Single-storey office building and associated open car park.

Number of Objections: Six, including the North and West Melbourne Association.

Recommendation from Management

3. That the Planning Committee issue a Notice of Decision to Grant a Planning Permit, subject to the conditions listed at Attachment 1 of this report.

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Proposal

4. The site is located on the west side of Dryburgh Street between Ireland Street and Miller Street and has a secondary frontage to Stawell Street, which is approximately 1.5m lower than Dryburgh Street in this location. (Refer to Attachment 2 – Locality Plan).

5. The proposal is to remove the existing structures on the land and to construct an apartment building with semi-basement car parking accessed from Stawell Street. Key features of the proposal are outlined in the plans at Attachment 3 and include:

5.1. The principal frontage and pedestrian entrance on Dryburgh Street, 1.4m above street level;

5.2. The removal of the existing crossover from Dryburgh Street;

5.3. In Stawell Street, where the land is lower, the development is six-storeys, with level access to semi-basement parking;

5.4. A total of 27 apartments (four 1-bedroom, 22 x 2-bedroom and one 3-bedroom) with 23 on-site car parking spaces;

5.5. Half of the apartments face Dryburgh Street and half face Stawell Street. The apartments are relatively generous in size and each has open space in the form of a balcony; and

5.6. The basement level also provides for bicycle and rubbish/recycling storage and 2 x 20,000 litre water storage tanks to allow for on site re-use of water.

Key Issues

6. The key issues raised by the application are:

6.1. Height of the proposal in relation to development on adjoining land;

6.2. Presentation to Dryburgh Street; and

6.3. Car parking.

Building Height

7. The 5-storey discretionary height limit of Design and Development Overlay 28 (DDO 28), which includes those parts of West Melbourne generally within 300m of North Melbourne Station, has two built form outcomes to be achieved:

7.1. Higher development and a new built form character; and

7.2. Development that complements the scale and provides a transition to adjoining lower scale heritage buildings.

8. The proposed demolition of an existing office (and associated open car park) and development of residential apartments achieves a transition of uses that is consistent with the Mixed Use Zone and the objectives of DDO 28. It will significantly increase the residential density potential of the site. This proposal does not include any commercial uses.

9. The built form character of the area incorporates commercial buildings from 1 to 3 storeys, and some newer apartment buildings of 3-storeys or more. The older dwelling stock in the area is generally single storey and located opposite the site on the east side of Dryburgh Street or in Anderson Street, where it is protected by heritage overlays. There are no properties identified as having heritage significance within the block where the site is located.

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10. The proposed development is a contemporary design that is consistent with the changing character of the area. The building utilises the slope of the land to provide at-grade parking from Stawell Street, but the outcome is a building that is five and a half storeys at Dryburgh Street.

11. The building abutting to the north is a tall single storey building, also on a site with redevelopment potential. Further to the north there is a relatively recent 3-storey residential development. To the south at 108-116 Ireland Street, a 2-storey office building is 10.3m high, measured where it abuts the subject site. Planning permit TP-2006-815 issued in February 2007 allows for an additional floor to be constructed on top of this office building, bringing the parapet height, where it abuts the subject site in Dryburgh Street, to 13.17m. Where it abuts in Stawell Street, the completed height would be 14.88m.

12. At a maximum height of 18m (Stawell Street, north boundary), the proposal compares with the nominal height envisaged by the DDO 28 (5 x 3.5m per residential floor = 17.5m). Where it abuts the existing office building at the corner of Ireland Street, the proposed development will be only 3.06m taller if the approved additional floor is constructed on that building. The proposal will both complement the scale and provide an appropriate transition within the street block. The proposal also represents higher development and a new built form character within the DDO 28 area.

13. If Council had sought to limit development in this street block and similar areas close to North Melbourne Station to less that 5 storeys, it could have chosen to apply one of the other DDOs that have been used elsewhere in North Melbourne. Indeed, where there is a strong imperative to maintain heights similar to the buildings in heritage precincts, mandatory 10.5m and 14m height limits have been applied.

14. The application of the 5-storey discretionary height under DDO 28 does not, however, imply a right to develop to 5 storeys over the whole site. Other strategic, sustainable development and urban design objectives must also be achieved, especially in this case, where the building is 5 and a half storeys on one frontage and six on the other.

Presentation to Dryburgh Street

15. Part of the Dryburgh Street frontage is currently occupied by a car park, which is to be replaced at basement level and the crossing removed, thus improving pedestrian amenity on Dryburgh Street. However, Council’s Urban Design Branch consider the 1.4m level separation between the pavement level in Dryburgh Street and the main entry and the ground level apartment balconies as a lost opportunity to increase activation at pedestrian level.

16. The approach taken by the developer is a single very legible entrance, utilising the difference in levels to provide surveillance of the street while controlling views into the apartments. The developer is reluctant to position a unit immediately adjacent to a roller door to the adjoining office building. Relocation of the entrance to a central position as suggested by Urban Design would also result in a loss of parking spaces because there would be insufficient head clearance. It has been indicated however, that the height of the apartments above ground could be reduced by 0.2m by sloping the car park floor, and a condition to this effect has been agreed with the applicant.

Car Parking

17. A major concern of residents is the very limited provision for resident priority on-street parking, and the likelihood of occupiers of the proposed development also seeking permits to park on street. Parking spaces are not provided for every apartment and there is no provision for visitor parking.

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18. Whilst not strictly applicable in this case, Clause 55.03-11 of the Melbourne Planning Scheme also provides guidance on medium density car parking provision. The clause requires that on-site parking be provided at a rate of 1 space for 1 or 2 bedroom dwellings, and 2 spaces for 3 or more bedroom dwellings, with studies or studios to be counted as bedrooms. Additionally, visitor car parking spaces should be provided at a rate of 1 per 5 dwellings. Application of these rates indicates a car parking requirement under Clause 55.03-11 of 33 parking spaces, representing an on-site shortfall of 10 spaces.

19. The applicant was therefore requested to provide justification for the parking waiver. A further report prepared by the Traffix Group for the applicant has now been received, which concludes that on the basis of car ownership in the area (2001 Census data) only 22 of the apartments would require a parking space. Although Council’s Engineering consultants disagree on the method used in this analysis, they concede that based on 2001 ownership patterns, the development would provide on-site parking to meet the needs of occupiers.

20. The applicant has not been requested to undertake parking surveys. As an area that is still predominantly commercial but undergoing transition, the present patterns of demand for on-street parking are likely to change. As part of its consultation for the North and West Melbourne Wheels and Heels Plan, Council has considered these issues and the impact of the North Melbourne Station upgrade currently underway. A proposal to make developments that increase residential density and are completed after 30 June 2008 ineligible for resident priority permits would ensure that the parking needs of existing dwellings with no on-site parking spaces are not adversely impacted by demand from new developments that do not provide parking for every apartment. A note on any permit to issue should advise purchasers that they cannot rely on on-street parking. It is considered that this more strategic approach is preferable to requiring the applicant to provide an additional level of basement parking for which there is little evidence of demand.

Relation to Council Policy (including Municipal Strategic Statement)

21. Strategies within the State Planning Policy Framework (SPPF) relevant to this application include Clause 12 - Metropolitan Development, Clause 14 - Settlement and Clause 19.03 – Design and Built Form. The SPPF encourages consolidation of built form and higher residential densities in areas where there is good access to public transport and other facilities, employment and education opportunities. Clause 19.03 provides guidelines to ensure that such development is well-designed and sustainable and does not compromise amenity or overload existing networks.

22. The current reconstruction of the North Melbourne Railway Station entrance at the south end of Dryburgh Street approximately 130m from the subject site is expected to encourage redevelopment up to the 5-storey height limit of DDO 28 to increase residential densities and activity in the vicinity of the station.

23. The vision for the North and West Melbourne precinct identifies the area around North Melbourne Station, together with the Central City Fringe and Flemington Road, as areas where higher development can be accommodated while maintaining solar access to the public domain, maintaining view corridors and protecting heritage values.

Time Frame

24. The statutory time frame outlined in the Planning and Environment Act 1987 (“the Act”) allows 60 days for the consideration of a planning permit application. This 60 day time limit was passed on 12 October 2007.

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Consultation

25. The application was advertised by signs on both street frontages and direct notification of properties adjoining and opposite the site. Six objections, one including a petition with 19 signatories, were received, which raised the following concerns:

25.1. A 5-storey building will be overbearing in the immediate surroundings;

25.2. Cannot assume that occupants of 1-bedroom apartments will not own a vehicle;

25.3. Increased parking congestion;

25.4. Increased traffic noise;

25.5. Proposal will restrict southern light and view at No 51 Dryburgh Street;

25.6. Not adequate to attend to noise issues after construction;

25.7. Does not provide sufficient transition to adjoining structures;

25.8. Fails to recognise cultural identity of neighbourhood and sense of place;

25.9. Overlooking; and

25.10. Overshadowing.

26. A consultation meeting held on 27 August 2007 was attended by the applicant, 3 residents, a representative of the North and West Melbourne Association and Cr Clarke.

27. The applicant presented overlooking and shadow diagrams to show that these effects did not extend across to the residences on the opposite side of Dryburgh Street. A further report on the parking impact has since been commissioned. The applicant also explained the design limitations on providing increased basement parking or lowering the floor level on Dryburgh Street.

28. Residents shared their concerns about the lack of dedicated resident parking in the area. While there is general support for a residential redevelopment on the site up to 3-storeys and possibly a small fourth level set well back, the proposal raises concerns about building bulk, overlooking, lack of transition to lower scale heritage properties and the landmark Railway Hotel and loss of opportunity to provide for ground floor mixed/active uses.

Finance

29. There are no direct financial issues that arise from the recommendations in this report.

Legal

30. Division 1 of Part 4 of the Act sets out the requirements in relation to applications for permits pursuant to the planning scheme.

Background

31. The land is in two titles and is currently developed with a single-storey brick office building on the northern part of the site extending to both street frontages. The southern part has a building on the Stawell Street frontage and the balance is a landscaped open car park (6 spaces) associated with the office use.

32. This part of Dryburgh Street has a 30m wide reservation with central grassed median and trees. There is an opening in the median opposite the site. Opposite on the east side of Dryburgh Street are predominantly single-storey Victorian terrace dwellings, which are included in a Heritage Precinct.

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Attachments: 1. Proposed Conditions 2. Locality Plan 3. Proposed Development Plans

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33. The surrounding area comprises a mix of residential, commercial and industrial uses in buildings dating from the Victorian era to the late twentieth century. The most notable building is the grand 3-storey Railway Hotel located opposite the site on the corner of Stawell Street and Ireland Street.

34. On both street frontages, a 3-storey commercial brick building abuts the south boundary. In 2006 a permit was granted to construct an additional level on this building. Works have not commenced.

35. A single-storey brick commercial building occupies the site to the north on the Stawell Street frontage, but is set back approximately 3m from the north boundary. In Dryburgh Street, the abutting land to the north is occupied by a 2-storey office and to the north of that there is a 3-storey residential development.

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PROPOSED PLANNING PERMIT CONDITIONS TP-2007-482: 35-43 DRYBURGH STREET, WEST MELBOURNE

Prior to the commencement of any demolition, bulk excavation, construction or carrying out of works on the land, the applicant must submit to the Responsible Authority three copies of plans drawn to scale generally in accordance with the plans received on 1 June 2007 but amended to show:

a). The car park with a floor slope of not more than 1:16 down from the Stawell Street frontage to the Dryburgh Street frontage to reduce the height of the ground level apartments above the footpath level in Dryburgh Street;

b). The layout of the car park revised to match the drawing received on 9 July 2007;

c). Provision for at least two visitor bicycle parking spaces within the main entrance to the building;

d). The elevations amended to show that side walls not extending forward of the building line at level 5;

e). All elevations correctly titled;

f). The ground level frontage to Dryburgh Street redesigned so that all walls and balcony balustrades are aligned with the title boundary and no recesses are created;

g). The finished floor levels are not more than 1.2m above footpath level.

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

2. Prior to the commencement of the development or subdivision of the land, an acoustic report prepared by a qualified acoustic consultant must be submitted to and be to the satisfaction of the Responsible Authority. The report must provide for noise attenuation measures to achieve a maximum noise level of 35 dB (A) Leq in unfurnished and uncarpeted habitable rooms with all windows and doors closed, unless there is no suitable air conditioning and/or mechanical ventilation, in which case the maximum noise level of 35 dB (A) Leq in unfurnished and uncarpeted habitable rooms must be achieved with all the windows half open and the doors closed. The report must be based on external noise levels measured as part of a noise level assessment representative of the noise from industrial operations which occur in the vicinity of the Laurens Street, North Melbourne Industrial Area. The recommendations in the approved acoustic report must be implemented, at no cost to the Responsible Authority, prior to the occupation of the dwellings.

3. Prior to the commencement of construction, the titles must be consolidated to the satisfaction of the Responsible Authority.

4. Prior to the commencement of the use/occupation of the development hereby permitted, all necessary vehicle crossings must be constructed and all unnecessary vehicle crossings must be demolished and the footpath, kerb and channel reconstructed, in accordance with plans and specifications first approved by the Responsible Authority – Council’s Manager Engineering Services.

5. Existing street levels in Dryburgh Street and Stawell Street must not be altered for the purpose of constructing new vehicle crossings or pedestrian entrances without first obtaining approval from the Responsible Authority – Council’s Manager Engineering Services.

6. The parking areas must be kept available for that use at all times and the car-parking spaces and access-ways must not be obstructed or otherwise rendered inaccessible.

7. The areas set aside for car-parking in the building must be restricted to the parking of vehicles by owners and occupiers of, or visitors to, the building.

Attachment 1Agenda Item 5.8

Planning Committee13 November 2007

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8. A schedule and samples of all external materials, colours and finishes must be submitted to the satisfaction of the Responsible Authority prior to the commencement of the development. The schedule must show the materials, colours and finishes of all external walls, roof, fascias, window frames, glazing types, doors, balustrades, fences and paving, (including car park surfacing), outbuildings and structures.

9. Glazing materials used on all external walls must be of a type that does not reflect more than 15% of visible light when measured at an angle of 90 degrees to the glass surface, to the satisfaction of the Responsible Authority.

10. All external lighting of the site including car parking areas and buildings must be located, directed and baffled so that no nuisance is caused to adjoining or nearby residents, and be energy efficient.

11. Any trees in the adjoining street(s) which are shown on the endorsed plans to be removed, relocated or replaced must not be removed, lopped or pruned without the prior written consent of Council’s Manager Parks and Recreation. All costs in connection with the removal/ relocation or replacement of the trees, including any payment for the amenity value of a tree to be removed, must be met by the developer/owner of the site.

12. Prior to the occupation of the development hereby approved, a stormwater drainage system, incorporating water sensitive urban design, must be constructed for the development and provision made to connect this system to Council’s stormwater drainage system in accordance with plans and specifications first approved by the Responsible Authority; Council’s Manager Engineering Services.

13. No architectural features and services other than those shown on the endorsed plans shall be permitted above the roof level unless otherwise approved in writing by the Responsible Authority.

14. No more than one telecommunications receiver/television aerial is to be erected on the building without the consent of the Responsible Authority.

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

16. The waste storage and collection arrangements must be to the satisfaction of Council’s Manager Engineering Services.

17. 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.

18. The site shall be landscaped within one month of the completion of the development to the satisfaction of the Responsible Authority and the areas concerned must be subsequently maintained to the satisfaction of the Responsible Authority.

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

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

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

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

NOTES: All necessary approvals and permits are to be first obtained from Council and Vic Roads and the works performed to the satisfaction of Council’s Manager Engineering Services. Residents of the development hereby approved may not be eligible for Resident Priority Parking Permits.

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

Legend

Scale 1:1765

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Agenda Item 5.8 Planning Committee

13 November 2007

FINANCE ATTACHMENT

PLANNING APPLICATION: TP-2007-482, 35-43 DRYBURGH STREET, WEST MELBOURNE

There are no direct financial issues that arise from the recommendations in this report

Joe Groher Manager Financial Services

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Agenda Item 5.8 Planning Committee

13 November 2007

LEGAL ATTACHMENT

PLANNING APPLICATION: TP-2007-482, 35-43 DRYBURGH STREET, WEST 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.

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 61(b) provides that the Responsible Authority may decide to grant a permit subject to conditions.

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 Appeals 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

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