1.7 54 montclair avenue, glen waverley the … · 6/28/2016 · basement car park for use as...

Council Meeting, 28 June 2016 Section 1.7 –

54 Montclair Avenue, Glen Waverley - The Development Of An 11 Storey Building Above A

Basement Car Park For Use As Residential Apartments And Restaurants

1.7 54 MONTCLAIR AVENUE, GLEN WAVERLEY THE DEVELOPMENT OF A 10 STOREY BUILDING ABOVE A BASEMENT CAR PARK FOR USE AS RESIDENTIAL APARTMENTS AND RESTAURANTS (TPA/44532)

EXECUTIVE SUMMARY:

This application proposes to develop the site for a 10 storey, mixed use development comprising commercial uses (restaurants) at ground, first and second floor levels and residential apartments above. An internal mezzanine level at ground floor level (waste storage) provides an 11th level to the building. Basement car parking is proposed for the residential element and provision of car parking for the commercial element will be satisfied through the parking overlay contribution scheme. Basement car parking will be accessed from the adjacent laneway extending between the subject site and the rear of the Kingsway commercial properties. The application was subject to public notification. No objections have been received. Key issues to be considered relate to the objectives and vision of the Glen Waverley Structure Plan (Amendment C120), provision of on-site car parking, facade composition, activation at street level and integration with the adjacent laneway environs. Ensuring good residential amenity is achieved for future residents of the development is also a main focus of the assessment. This report assesses the proposal against the provisions of the Monash Planning Scheme including the relevant state and local planning policy framework, zoning and overlay provisions, and the objectives and design guidelines of the Glen Waverley Activity Centre Structure Plan (GWAC Structure Plan). The reason for presenting this report to Council is the proposed development cost of $12 Million. The proposal is considered appropriate having regard to the relevant provisions of the Monash Planning Scheme. It is recommended that Council issue a Planning Permit subject to conditions. RESPONSIBLE DIRECTOR: Peter Panagakos

RESPONSIBLE MANAGER: Angela Hughes

RESPONSIBLE PLANNER: Sue Monagle

WARD: Glen Waverley




PROPERTY ADDRESS: 54 Montclair Avenue, Glen Waverley

PRE-APPLICATION MEETING: Yes

NUMBER OF OBJECTIONS: Nil

ZONING: Commercial 1 Zone (C1Z)

EXISTING LAND USE: Single storey detached dwelling

OVERLAY: Design and Development Overlay Schedule 1 (DDO1) Parking Overlay Precinct 1 (PO1)

RELEVANT CLAUSES: State Planning Policy Framework Clause 10.01 (Purpose) Clause 10.02 (Goal) Clause 10.04 (Integrated Decision Making) Clause 11 (Settlement) Clause 11.04 (Metropolitan Melbourne) Clause 14.02-1 (Catchment Planning and Management) Clause 15 (Built Environment and Heritage) Clause 16 (Housing) Clause 16.01-2 (Location Of Residential Development) Clause 16.01-3 (Strategic Redevelopment Sites) Clause 16.01-4 (Housing Diversity)

Local Planning Policy Framework Clause 21 – Municipal Strategic Statement Clause 21.03 – A vision for Monash Clause 21.04 – Residential Clause 21.05 – Economic Development Clause 21.06 – Activity Centres Clause 21.08 – Transport and Traffic Clause 21.13 – Sustainability and Environment Clause 22 - Local Planning Policies Clause 22.03 – Industry and Business Development and Character Policy Clause 22.04 – Stormwater Management Policy Amendment C120 – Glen Waverley Structure Plan (GWSP)

STATUTORY PROCESSING DATE: 24 April 2016

DEVELOPMENT COST: $12 million




LOCALITY PLAN

NEIGHBOURHOOD PLAN

SUBJECT SITE




RECOMMENDATION:

That Council resolves to Grant a Planning Permit (TPA/44532) for the buildings and works for the development of an 11 storey building above a basement carpark for use as residential apartments (above two levels of restaurants) and the provision of carparking (associated with restaurant use) in accordance with the requirements of Schedule 1 of the Parking Overlay (PO1) at 54 Montclair Avenue, Glen Waverley subject to the following conditions: 1. Before the development starts, three copies of amended plans drawn to

scale and dimensioned, must be submitted to and approved by the Responsible Authority. When approved the plans will be endorsed and will then form part of the permit.

The plans must be generally in accordance with the plans submitted with the application, but modified to show: a) Levels 3-7 (residential apartments) setback a minimum of 2.5 metres

from the rear (southern) title boundary. The edges of any south facing balconies are to be fitted with external louvers which may be opened or closed to provide additional privacy. If apartment numbers are reduced to satisfy this condition, no reduction in current car parking numbers at basement level is permitted. Modifications required by this condition must be carried out in consultation with a qualified Urban Design professional to be chosen by Council and at full cost to the permit holder.

b) The southern facades of Levels 8 and 9 (double storey penthouse levels) are to be setback a further 1 metre to retain a level of articulation across the rear facade. Modifications required by this condition must be carried out in consultation with a qualified Urban Design professional to be chosen by Council and at full cost to the permit holder.

c) Refined detail of all materials and finishes to all aspects the development including use of high quality architectural treatments. Modifications required by this condition must be carried out in consultation with a qualified Urban Design professional to be chosen by Council and at full cost to the permit holder.

d) Deletion of corten steel around balcony edges and its replacement with a more suitable material to be chosen in consultation with an Urban Design Professional (required by condition 1g). Modifications required by this condition must be carried out in consultation with a qualified Urban Design professional to be chosen by Council and at full cost to the permit holder.

e) A prominent residential entrance to the building to provide a strong sense of address. Modifications required by this condition must be




carried out in consultation with a qualified Urban Design professional to be chosen by Council and at full cost to the permit holder.

f) A prominent commercial entrance to the building that is easily identifiable and distinguishable from the residential entry. Modifications required by this condition must be carried out in consultation with a qualified Urban Design professional to be chosen by Council and at full cost to the permit holder.

g) Storage space of 6m3 to be provided to all apartments. No storage facilities are to be located in visitor car spaces.

h) Visitor space (V7) and the accessibility space (V8) relocated to a more accessible area of Basement 1 to the satisfaction of Council’s Traffic Engineering Department.

i) Balcony space of minimum 8m2 to each apartment having a minimum dimension of 1.6m.

j) Curved sections of the basement ramp to have a minimum internal radius of 4 metres at the change of direction or intersection.

k) Ramp grades (except within 5 metres of the frontage to be designed to provide a minimum 2.0 metre grade transition between different section of ramp or floor for changes in grade in excess of 12.5% (summit grade change) or 15% (sag grade change). Changes are required to the satisfaction of Councils Traffic Engineering Department.

l) Details of signal system to be adopted through basement ramps to manage vehicle conflict between levels. A vehicle waiting bay/line is to be clearly line marked at each level to ensure ramp accessways remain clear at all times.

m) Deletion of bollards from title boundary adjacent to eastern facade of ground floor restaurant 1.

n) The eastern setback to the building at ground floor level constructed with a surface to match the abutting laneway, or an alternative surface treatment chosen in consultation with Council’s Traffic Engineers.

o) Details of all rooftop plant and any associated screening to ensure plant is not visible from outside the property.

p) The location and design of any required fire services, electricity supply, gas and water meter boxes discretely located and/or screened to compliment the development.

q) The inclusion of environmentally sustainable design measures consistent with Council’s adopted Glen Waverley Structure Plan and Environmentally Sustainable Design Policy.

r) A Wind Modelling Assessment must be undertaken by a suitably

qualified person to assess the wind impact of the development at




street level. Any recommendations or required modifications to the development must be implemented to the satisfaction of Responsible Authority.

s) An acoustic assessment must be undertaken by a suitably qualified

acoustic consultant to demonstrate to Council’s satisfaction that residential apartments will be reasonably protected from external noise sources, including onsite noise from restaurant activity, the commercial building to the west, the car park to the south and the Kingsway and laneway environs to the east

2. The development as shown on the endorsed plans must not be altered

without the written consent of the Responsible Authority.

3. Once the development has started it must be continued and completed to the satisfaction of the Responsible Authority.

4. Prior to the endorsement of plans, the owner of the land must enter into

an agreement under section 173 of the Planning and Environment Act 1987 in which the owner agrees to pay $22,000 (including GST) indexed by CPI (all groups) from 1 July 2016 to the responsible authority for: • each car parking space or part thereof required under this Scheme;

or • where a rate is not specified, then the rate determined by the

responsible authority and which cannot be provided on the land (net of car parking credits). The agreement may provide for the payment of the contribution in instalments plus an interest component equivalent to the interest payable on unpaid rates and charges under the Local Government Act 1989 and it must provide that all instalments and accrued interest are paid within 5 years of the first instalment. The agreement must provide that the contribution is to be indexed according to the CPI (all groups) from 1 July 2016 until it is paid. The agreement must also provide for the owner to pay Council's costs of preparing, registering and then upon its ending, deregistering the agreement.

5. A 1.5 metre wide carriage way easement in addition to the laneway is to be

created at the time of subdivision in favour of the Monash City Council along the eastern boundary of the site.

6. Prior to the commencement of the development hereby permitted, the




owner of the land to which this permit relates must enter into an agreement with the Responsible Authority under Section 173 of the Planning and Environment Act 1987. In addition to the usual mechanical provisions, the agreement must provide for the following matters:

a) Vehicle access to the subject site across the adjacent property to the south (Council owned property) will be at the discretion of, and to the satisfaction of City of Monash at all times.

b) In the event that the adjacent property to the south is further developed, the subject land has no on-going entitlement to access across the adjoining property.

c) The cost of the preparation of or review of the Section 173 Agreement and its registration on the title to the land must be borne by the owner of the land.

7. Prior to the commencement of the development, a plan detailing the urban

design streetscape treatment of the public realm must be submitted to and approved by the Responsible Authority.

The plan must show the proposed urban design treatment of public areas within the subject land site and surrounding public realm area to ensure the integration of the site with these areas and consistency in the urban design treatment. The plan must be developed in consultation and to the satisfaction of City of Monash Planning, Urban Design and Engineering Divisions.

The plans must show: - • Detail of all proposed hard surface materials/paving. • The inclusion of water sensitive urban design features. • Bicycle facilities. • Disabled access features where applicable. • Any other feature deemed appropriate, to the satisfaction of the

Responsible Authority.

When approved the plan and the submission will be endorsed and form part of the permit.

8. Before the occupation of the buildings allowed by this permit, landscaping

and urban design works as shown on the endorsed plans must be completed to the satisfaction of the Responsible Authority and then maintained to the satisfaction of the Responsible Authority.

9. Bicycle parking facilities shall generally follow the design and signage

requirements set out in Clause 52.34 of the Monash Planning Scheme.




10. The amenity of the area must not be detrimentally affected by the use or development, through the: a) transport of materials, goods or commodities to or from the land; b) appearance of any building, works or materials; c) emission of noise, artificial light, vibration, smell, fumes, smoke,

vapour, steam, soot, ash, dust, waste water, waste products, grit or oil;

d) presence of vermin;

11. No goods must be stored or left exposed outside the building so as to be visible from any public road or thoroughfare.

Waste Management Plan

12. The development must not commence until a Waste Management Plan for

the collection and disposal of garbage and recyclables for all uses on the site has been endorsed. The Waste Management Plan shall provide for: a) The method of collection of garbage and recyclables for uses; b) Designation of methods of collection utilizing private services; c) Appropriate areas of bin storage on site and areas for bin storage on

collection days; d) Measures to minimise the impact upon local amenity and on the

operation, management and maintenance of car parking areas; e) Litter management.

The plan must be prepared and implemented to the satisfaction of the Responsible Authority. Once approved the Waste Management Plan will be endorsed to form part of this permit.

13. No bin or receptacle or any form of rubbish or refuse shall be allowed to remain in view of the public and no odour shall be emitted from any receptacle so as to cause offence to persons outside the land.

14. Adequate provision shall be made for the storage and collection of garbage

and other solid wastes and these facilities are to be located on the site to the satisfaction of the Responsible Authority.

15. Any waste storage rooms must be constructed so to prevent the entrance of vermin and must be able to be easily cleaned. The floor must be graded to a sewer connection located within the waste storage room.

Traffic

16. Before the development permitted is completed, areas set aside for parked vehicles and access lanes as shown on the endorsed plans must be: a) constructed to the satisfaction of the Responsible Authority;




b) properly formed to such levels that they can be used in accordance with the plans;

c) surfaced with an all-weather sealcoat to the satisfaction of the Responsible Authority;

d) drained, maintained and not used for any other purpose to the satisfaction of the Responsible Authority;

e) line-marked to indicate each car space and all access lanes to the satisfaction of the Responsible Authority.

Parking areas and access lanes must be kept available for these purposes at all times.

17. The layout of the development shall follow the Design Standards for car

parking set out in Clause 52.06-8 of the Monash Planning Scheme to the satisfaction of the Responsible Authority.

18. No less than 1 car space must be provided on the land for each one and

two bedroom dwelling. No less than 2 car spaces must be provided on the land for each three bedroom dwelling. Any future subdivision of the approved development must provide allocation of 1 car space per dwelling on Title to the satisfaction of the Responsible Authority.

19. Any future subdivision of the approved development must show all on site

visitor car spaces included in common property on title. 20. The loading and unloading of goods from vehicles must only be carried out

on the land.

Drainage conditions 21. All on-site stormwater is to be collected from hard surface areas and must

not be allowed to flow uncontrolled into adjoining properties. The on-site drainage system must prevent discharge from driveways onto the footpath. Such a system may include either:- a) trench grates (150mm minimum internal width) located within the

property; and/or b) shaping the driveway so that water is collected in a grated pit on the

property; and/or c) another Council approved equivalent.

22. Stormwater discharge is to be detained on site to the predevelopment

level of peak stormwater discharge. Approval of any detention system is required form Council prior to works commencing.

23. Direct the entire site’s stormwater drainage to the north-west corner of the property where it must be collected and free drained via a pipe to the




Council pit outside No 50 Montclair Avenue in the nature strip of via a 225 mm pipe and 900 mm x 600 mm junction pit constructed to Council Standards. (A new pit is to be constructed if a pit does not exist or is not a standard Council pit. The multi storey commercial development at 52 Montclair Avenue is constructing a stormwater drain and pit along the road reserve and the development approved under this permit may connect into their drainage pit in front of 52 when constructed). Note:- If the point of discharge cannot be located then notify Council's Engineering Division immediately.

24. No equipment, services, architectural features or structures of any kind,

including telecommunication facilities, other than those shown on the endorsed plans shall be permitted above the roof level of the building unless otherwise agreed to in writing by the Responsible Authority.

25. Any required fire services, electricity supply, gas and water meter boxes

must be discreetly located and/or screened to compliment the development to the satisfaction of the Responsible Authority. Any required services must be cleared detailed on endorsed plans forming part of this permit.

Construction Management Plan

26. Before the development starts, a construction management plan must be

prepared and submitted to the Responsible Authority for approval. The plan must be to the satisfaction of the Responsible Authority. Once approved, the plan must be implemented to the satisfaction of the Responsible Authority. The plan must address the following issues: a) measures to control noise, dust and water runoff; b) prevention of silt or other pollutants from entering into the Council’s

underground drainage system or road network; c) the location of where building materials are to be kept during

construction; d) site security; e) maintenance of safe movements of vehicles to and from the site

during the construction phase; f) on-site parking of vehicles associated with construction of the

development; g) wash down areas for trucks and vehicles associated with construction

activities; h) cleaning and maintaining surrounding road surfaces; i) a requirement that construction works must only be carried out

during the following hours: • Monday to Friday (inclusive) – 7.00am to 6.00pm;




• Saturday – 9.00am to 1.00pm; • Saturday – 1.00pm to 5.00pm (Only activities associated with the

erection of buildings. This does not include excavation or the use of heavy machinery).

27. The owner and management of the premises must ensure that any noise

emanating from the premises, during and post construction, must not exceed the standards of the State Environment Protection Policies No. N1 and must on request provide evidence to Council of Compliance with the policies.

28. Air-conditioning and other plant and equipment installed on or within the

buildings must be so positioned and baffled that any noise emitted complies with the appropriate Australian Standards and EPA requirements.

At the immediate request of the Responsible Authority noise testing must be taken to demonstrate compliance with EPA noise requirements. Noise testing is to be undertaken at no cost to the Responsible Authority.

29. Motors for equipment and air-conditioning/heating units to be located where no noise nuisance created to neighbours or insulated/sound proofed

30. This permit will expire in accordance with section 68 of the Planning and

Environment Act 1987, if one of the following circumstances applies: • The development is not started before 2 years from the date of issue. • The development is not completed before 4 years from the date of

issue. In accordance with section 69 of the Planning and Environment Act 1987, the responsible authority may extend the periods referred to if a request is made in writing before the permit expires, or within six months of the permit expiry date, where the development allowed by the permit has not yet started; or within 12 months of the permit expiry date, where the development has lawfully started before the permit expires.

NOTES: 1. Building approval must be obtained prior to the commencement of the

above approved works.

2. Premises used for the sale or storage of food in any manner whatsoever are to be registered under the Food Act and require Council approval via the Chief Environmental Health Officer before occupation.

3. Unless no permit is required under the planning scheme, no sign must be

constructed or displayed without a further permit.




4. Building permit approval for this development must take into consideration the location of future subdivision boundaries and their compliance with the Fire Separation Provisions of the Building Code of Australia, including Separating Walls and Openings near Boundaries, as well as the requirements of the Building Regulations.

5. Any new drainage connections onto a Council easement drain and work

within the road reserve requires the approval of the City of Monash’s Engineering Division prior to the works commencing. Three copies of the plans (A3-A1 size) for the drainage works must be submitted to and approved by the Engineering Division. The plans are to show sufficient information to determine that the drainage works will meet all drainage conditions of the permit.

6. Engineering permits must be obtained for new or altered vehicle crossings

and civil works within the road reserve and these works are to be inspected by Council (tel. 9518 3690).

7. A drainage contribution will not be accepted in lieu of a detention system.

Detention system requirements for above property are as follows:-

• Minimum storage = 7 cubic metres

• Maximum discharge rate = 7.14 litres per second

• Minimum orifice diameter if using orifice pit = 65mm, otherwise install a Phillips multi cell or similar to control outflow.

• The construction of an apex for the crossing/driveway to be considered

• An on-site detention system for storm events up to the 1% AEP event to be retained on site for the basement car park is to be considered. The detention system for the basement is to be separated from the detention system for the property, which is to be at ground level and discharge by gravity.

8. No residential parking permits will be issued for the approved development.

BACKGROUND:

History No previous planning permits apply to the site. The Site and Surrounds The subject site is located on the southern side of Montclair Avenue immediately to the rear of commercial properties fronting Kingsway. It is a rectangular lot with a frontage to Montclair Avenue of 14.04 metres plus a splayed corner of 3.05 metres, a depth of 44.97 metres and a total site area of 803 square metres. A 3 metre wide, sealed laneway from Montclair Avenue through to Bogong




Avenue (to the south) extends along the eastern (side) boundary of the lot. The land falls gently along its length from the rear to the front boundary by a total of 0.93 metres, however appears relatively flat. The site is developed with a single storey, detached brick dwelling, a remnant from a time when this section of Montclair Avenue was zoned residentially. A small number of established trees are scattered around the perimeter of the site. Features of adjoining land are as follows: North: Council’s at grade public car park is located opposite the site on the

northern side of Montclair Avenue. South: The Bogong Avenue multi deck car park adjoins the site to the south.

The building is four levels height and setback 2 metres from the common boundary to the subject site. The top deck of the car park is not roofed and flood lit during evening hours.

East: A sealed laneway extends along the eastern boundary of the site and

provides rear access to adjoining Kingsway commercial properties. The subject site also has right of access off the abutting laneway.

Adjoining Kingsway commercial properties are generally double storey

in scale and use the rear laneway for loading/unloading activities, waste storage and disposal.

West: A 7 storey commercial building (total height of 29.3 metres) is currently under construction at number 52 Montclair Avenue which directly abuts the subject site to the west. All 7 levels of the building will be occupied by commercial uses including restaurants (across 4 Levels), karaoke/snooker/bar lounge (2 levels) and therapeutic massage (1 level). The building was purpose built for commercial tenancies across all seven floors with floor to floor heights generally between 4 – 4.5 metres.

The car parking requirement for this site was satisfied fully through the Parking Overlay contribution scheme and no on site car parking is provided on the site.

Site Context The site is located towards the southern end of the Glen Waverley Activity Centre (GWAC). The GWAC provides for a range of land uses including retail, entertainment, hotel accommodation and various civic, health and other professional services. Existing development within the GWAC ranges from single storey shop premises on small sites to the 10 storey “Ikon” development adjacent to Glen Waverley Railway Station. In more recent times, planning permits have been issued allowing for a 15 storey residential apartment building (Village Walk – O’ Sullivan Street), and three residential towers of 12 storeys,




14 storeys and 20 storeys to be located at the southern end of The Glen Redevelopment Project. The GWAC Structure Plan was adopted by Council in September 2014 and sets out a 20 year plan for the growth and improvement of the Activity Centre. Amendment C120 (currently being considered by the Minister) proposes changes to the Monash Planning Scheme to give effect to the Plan. In accordance with the GWAC Structure Plan the subject site is located in the Montclair Precinct/Area D where building heights of 8-10 storeys are envisaged. An aerial photograph of the subject site and surrounding land can be found attached to this report (Attachment 2).

PROPOSAL:

The proposal is to develop the site for an 10 storey, mixed use development comprising commercial uses (restaurants) at ground, first and second floor levels and residential apartments above. In total, the development proposes

• 6 separate restaurant tenancies.

• 41 residential apartments comprising 39 x 2 bedroom apartments and 2 x 3 bedroom apartments.

• Basement car parking for 51 cars to be used exclusively for the residential apartments and residential visitors.

• The commercial car parking requirement to be satisfied entirely through the parking contribution scheme generated under the Parking Overlay – Schedule 1 control (PO1).

• Separate entries are proposed for the residential and restaurant elements of the proposal.

The following Development Summary is provided for reference.

DEVELOPMENT SUMMARY

Floor Main Use Area (m2) Basement3 20 residential car spaces 802.96m2 Basement 2 16 residential car spaces 802.96m2 Basement 1 7 residential car spaces

7 visitor spaces 1 accessibility space

802.96m2

Ground floor 2 x café (restaurants) 36 seats and 41 seats

Cafe (restaurant) 1 – 154m2 Cafe (restaurant) 2 – 141.52m2

Mezzanine Refuse storage - commercial and residential

116.51m2

Level 1 2 x restaurants 64 seats and 88 seats

Restaurant 1 – 266.26m2 Restaurant 2 – 334.49m2




Level 2 2 x restaurants

60 seats and 88 seats Restaurant 3 – 295.73m2 Restaurant 4 – 334.49m2

Level 3 – 7 Residential apartments (each level containing 7 x 2 bedroom apartments

Average apartment size – 70m2

Levels 8 and 9 6 x double storey penthouse apartments comprising 2 x 3 bedroom apartments and 4 x 2 bedroom apartments

Average apartment size – 129.14m2

Features of the proposal are as follows. Commercial Podium - Restaurants at Ground, First and Second floor levels

• The building proposes a commercial podium of three levels rising to 12.4 metres above footpath level and comprising six restaurants. The ground floor of the building is setback 4 metres from the front title boundary and the setback area will be used for outdoor dining, sheltered from the weather by the level 1 terrace located directly above.

• The ground floor level proposes extended floor to ceiling heights of 5.2 metres. This incorporates a mezzanine level towards the rear of the building which will be used for waste and services. High floor to ceiling levels are proposed at ground floor level to create a theatre like feel within the tenancies.

Two separate restaurant tenancies are proposed at ground floor level. Restaurant 1 proposes 41 seats and restaurant 2 proposes 36 seats, (inclusive of outdoor dining terraces located in the front setback to the building).

• Level 1 contains 2 separate restaurant tenancies (restaurant 1 containing 64 seats and restaurant 2 containing 88 seats). Both will be accessed via the central foyer area where lift and stair access is provided. Both restaurants are provided with an outdoor dining area (balcony terrace) at the street interface. The terrace area will extend to the front boundary of the lot and is partly covered by the terrace area or Restaurants 3 and 4 on the level above.

• Level 2 also contains 2 separate restaurant tenancies containing 60 and 88 seats respectively, accessed from the shared commercial foyer. Curved outdoor terrace areas are proposed across the front of level 2 and will be setback a minimum of 1 metre from the front title boundary.

• A total of 377 restaurant seats are proposed on site.

Residential levels

• Levels 3, 4, 5, 6 and 7 each contain 7 x 2 bedroom residential apartments. Apartments have been orientated to face north or east across the Activity Centre, maximising views and optimising internal amenity. Apartment 07 at




each level is the exception, orientated southwards across the multi deck car park.

• Six double storey loft style apartments form levels 8 and 9 of the building and comprise 2 x 3 bedroom apartments and 4 x 2 bedroom apartments. For the most part, loft apartments are arranged with main living areas at the lower level and bedrooms at first floor level.

Basement Levels

• Basement car parking is available to residential tenants and their visitors only. No on-site car parking is proposed for the commercial elements of the building. This car parking requirement will be satisfied through the parking contribution scheme generated by Parking Overlay 1 controls (PO1). A total of 169 car spaces will need to be funded through the contribution scheme (calculated at 0.45 car spaces per restaurant seat [total seats 377).

• Three basement levels accommodating a total of 51 car spaces are proposed, with ramp access from the abutting laneway. Basement Level 1 contains a total of 15 spaces (including 6 visitor spaces and one accessibility space). Level 2 contains 16 spaces, and Level 3, 20 spaces. No mechanical stackers are proposed.

• Bicycle storage for 29 bikes is proposed across the three basement levels. Lift and stair access from each level provides direct access to the residential entry level and ground floor and upper floor circulation areas, as well as the waste storage and disposal areas located on the mezzanine level.

• The ramp access (within the basement) will be signalled at each level to manage vehicle movements between levels.

Loading Bay facilities

• Loading bay facilities are proposed at ground floor level at the rear of the ground floor restaurants. The loading bay will be accessed from the adjacent laneway and is located adjacent to the basement ramp entry. A security/screen gate is proposed across the entrance to the loading bay.

Attachment 1 details plans forming part of the application.

PERMIT TRIGGERS:

A planning permit is required for the proposal in accordance with the following provisions of the Monash Planning Scheme.

• Clause 34.01-1 – Use of land for a dwelling if frontage at ground floor exceeds 2 metres. (Commercial 1 Zone);

• Clause 34.01-4 – Buildings and works (Commercial 1 Zone);

• Clause 49.05 – Provision of car parking in accordance with the requirements of Schedule 1 of the Parking Overlay 1 (PO1);




• Clause 43.02-2 – Buildings and works within the Design and Development Overlay 1 (DDO1).

A planning permit is not required to use land for a restaurant with the Commercial 1 Zone The proposal is considered consistent with the objectives of the Commercial 1 Zone and the relevant Design Objectives of DDO1. However it is noted that the majority of design guidelines contained within DDO1 are not applicable to this location. The Glen Waverley Structure Plan (GWSP) which forms Amendment C120 and is currently with the Minister for approval is given more weight in this instance. Attachment 3 details the zoning and overlays applicable to the subject site and surrounding land.

CONSULTATION:

Public Notice The application was advertised in accordance with section 52 of the Planning and Environment Act 1987 by way of notices being sent to the surrounding property owners/occupiers, and signs displayed both at the Montclair Avenue frontage and along the side boundary facing the laneway. No objections were received. Referrals

Internal Referral Traffic Engineers The application was referred to Council’s Traffic Engineers who provided the following comments (summarised).

• Bollards along laneway (below cantilevered section) should be removed to allow a widened shared zone along the laneway.

• It is recommended that visitor space number 7 and the accessible space be relocated as both are difficult to access in their current positions.

• The provision of storage within the visitor space is not appropriate and should be relocated.

• Bicycle spaces adjacent to the apartment entrance should be relocated away from the doorway.

Drainage Engineers




The application was referred to Council’s Drainage Engineers who have no objection to the proposal. Relevant comments form part of the assessment of this application. Urban Design Advice Given the prominent location of the proposed new building urban design comments were obtained by Council from MGS Architects. Relevant comments form part of the assessment of the application. Health Department The application was referred to Council’s Health Department. Relevant permit conditions will be included to direct the permit applicant to relevant requirements of Council in this regard.

DISCUSSION:

Consistency with State and Local Planning Policies State Planning Policy The site is located within an Activity Centre as referenced at Clause 11 in the state wide planning policy framework. In particular, Clause 11.01-1 seeks to

“To build up activity centres as a focus for high-quality development, activity and living for the whole community by developing a network of activity centres.”

Clause 11.01-2 expands on this objective, seeking

“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.”

Strategies to achieve this objective include (among others)

• “Encourage a diversity of housing types at higher densities in and around activity centres.

• Broaden the mix of uses in activity centres to include a range of services over longer hours appropriate to the type of centre and needs of the population served.

• Provide a focus for business, shopping, working, leisure an community facilities.

• Improve the social, economic and environmental performance and amenity of the centre.”

Clause 15 focuses on ‘Built Environment and Heritage’ and seeks to create quality built environments which ‘supports the social, cultural, economic and environmental wellbeing of our communities, cities and towns.’




Clause 16 (Housing) seeks to, among others:

“Locate new housing in or close to activity centres and employment corridors and at other strategic redevelopment sites that offer good access to services and transport.”

“Encourage higher density housing development on sites that are well located in relation to activity centres, employment corridors and public transport.”

Clause 17 (Economic Development) is relevant to the current proposal. Clause 17.01-1 aims:

“To encourage development which meet the communities’ needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation of sustainability of commercial facilities.”

The current proposal for a mixed use development comprising restaurants and higher density apartment style living within an established Activity Centre is consistent with the broader State and Local Planning Policy objectives. Conceptually, the proposal is strategically justified, responding well to the broad policy objectives applicable to Activity Centre Planning. Local Planning Policy Framework The Local Planning Policy Framework is set out at Clause 21 (Municipal Strategic Statement) and Clause 22 (Local Planning Policies) of the Monash Planning Scheme. These policies provide local context to the broader state planning policy objectives by, in this instance, identifying preferred locations for locating higher density residential living and focusing economic growth. The proposed development is consistent with the local planning policy framework in respect of locating high density development with the Glen Waverley Activity Centre. At Clause 21.04 (Residential Development Policy) Council's goal is for residential development in the City to be balanced in providing a variety of housing styles. The preferred location for higher intensity residential development is within the Glen Waverley and Oakleigh Activity Centres which provide for good access to transport, shops and services. Clause 21.04 provides the following:

“There is an increasing demand for a variety of different housing styles to cater for changing household sizes and structures. State Government policy encourages higher housing densities near transport hubs and activity centres, such as Glen Waverley and Oakleigh.”




“Retention of neighbourhood character in residential areas will be enhanced by the identification of preferred areas for medium to high rise residential development within the municipality. These areas are generally within the Principal and Major Activity Centres.”

The proposal provides an appropriate response to Clause 21.04 by contributing to dwelling diversity within the Glen Waverley Activity Centre (GWAC). The subject land has no direct sensitive interfaces and its development with a multi storey building will not result in any unreasonable impacts on nearby residential properties. The site abuts commercial development on all sides and is located within the busy and vibrant restaurant precinct of the centre. Given the locality and relevant policy, the subject land provides a unique opportunity for a well designed development of scale that successfully integrates with adjoining built form and land use. Glen Waverley Activity Centre Structure Plan – Amendment C120 The GWAC Structure Plan was adopted by Council on 30 September 2014. Planning Scheme Amendment C120 which was adopted by Council at its last Council meeting in May 2016 has been forwarded to the Minister for approval. The GWSP is the relevant structure plan to be considered in the assessment of this application. ‘Precinct 2 – Montclair’ The subject land is located within the boundaries of GWAC Structure Plan. It is identified as being in ‘Precinct 2: Montclair’, where the following is envisaged.

“The Montclair Precinct will play an important role in providing office and commercial uses with housing located above. Street level activity will provide activation with a priority on pedestrian and cycle movement across the precinct into Kingsway.”

The objective of the precinct is;

“To create a mixed use office and residential precinct with green and pedestrian friendly streets.”

Strategies to achieve the objective are;

• “Provide opportunities for mixed use office and residential development across the precinct with activated ground level frontages.

• Encourage site consolidation where necessary to achieve high amenity and efficient development outcomes.

• Provide for a high level of pedestrian priority along all streets across the precinct.




• Provide local public open space to cater to the needs of existing and future residents and works.”

In relation to the southern side of Montclair Avenue, the GWAC Structure Plan recognises that the consolidation of numbers 54, 52 and 50 Montclair Avenue would have been beneficial, however this is unable to be realised with the owner of 52 Montclair (lot adjoining to west) acting on an earlier planning permit, and constructing a 7 storey commercial building which is nearing completion. ‘Built Form – Area D’ Built form objectives for the Activity Centre have been divided into different Built Form Area’s across the centre. The subject site is located in ‘Built Form Area D’. Relevant built form opportunities applicable to the subject land encourage:

• Opportunity for 8-10 storeys.

• Street edge/podium height of 2-3 storeys with additional height recessed 5 metres from the primary street frontage.

• Building heights and setbacks designed to minimise shadowing of Kingsway footpaths and proposed town square.

• Zero front and side setbacks with active frontages to Montclair Avenue. It is clear that the subject site, and the Montclair Avenue environs have been identified as suitable for higher built form, with buildings of 8-10 storeys envisaged. In considering any development of this scale, design excellence is critical in determining its appropriateness. Design Excellence can be achieved through minimising the overshadowing impact on the public realm, demonstrating best-practice environment sustainable design (ESD), providing net community benefit through increased housing diversity and residential density, and providing a high quality landmark contribution to the skyline. The Glen Waverley Activity Centre is transforming rapidly and will undergo noticeable change over the coming decade. The Activity Centre has been earmarked for change under current Local Planning Policy and, more specifically, the Glen Waverley Structure Plan (Amendment C120). Higher built form is envisaged and it is important that future development of this scale makes a positive contribution to the public realm and liveability of places, through well considered and high quality facades that respond to their physical context. In this instance, the eastern (side) facade and the northern (front) facade of the proposed building will form a prominent backdrop to Kingsway and it is important that high quality architecture and facade treatment is adopted. The current proposal is effectively a ten storey building with an additional mezzanine level included at ground floor level. The mezzanine level is located towards the rear of the ground floor restaurants, its purpose, to accommodate storage and waste disposal. The mezzanine level is possible at ground floor level as a result of proposed 5.2 metre floor to ceiling heights proposed for ground




floor restaurants. A detailed discussion about the proposed building height is provided below under the section titled ‘Urban Context and Height.’ Strategic Justification

Following consideration of the broader State and Local Planning Policy Framework applicable to the current proposal, and the broader vision for the Activity Centre as set out in the GWSP, Officers are satisfied that the current proposal for a multi storey mixed use development at this location enjoys strategic support. The introduction of higher density apartment style living above vibrant restaurant tenancies is envisaged at this location. Urban Context and Height

The GWPAC has experienced substantial growth and development in recent years. Development of scale within the surrounding area is set out in the table below: Building Scale

PROMINANT MULTI LEVEL DEVELOPMENT EXISTING THROUGHOUT THE GWAC

HEIGHT (STOREYS)

52 Montclair Avenue – commercial building 7

Ikon development (mixed use above railway station)

10

Century City/Novotel Hotel (located north of Council Civic Centre)

7

Ibis Hotel – 293 Springvale Road – south of Council Civic Centre

7

Euneva Street multi deck car park 7

Montclair Office Development (40-42 Montclair Avenue ( Corner of Myrtle St)

3

In more recent times, Council have issued planning permits for four new multi storey residential apartment buildings (above retail podiums) within the centre. These are yet to be constructed and are listed in the table below.

Proposed Building Scale

DEVELOPMENT APPROVED BUT YET TO BE CONSTRUCTED

STOREYS

Village Walk residential apartments (south side of O’Sullivan Street opposite The Glen)

15

The Glen redevelopment – three towers proposed at southern end of shopping Centre ‘Signature Tower’ ‘Urban Building’ ‘Kingsway Axial Building’

20 10 14




The GWAC Structure Plan envisages an emerging skyline evolving within the activity centre. Building of greater height (in excess of 10 metres) is directed towards the southern end of The Glen, and Central Car Park environs, with preferred building heights generally lower, throughout the remainder of the centre’s precincts. In accordance with the GWAC Structure Plan, building height of 8-10 storeys is envisaged along the southern side of Montclair Avenue at this location. The proposed building is essentially a ten storey building plus a mezzanine level (bin room). The building will rise to a height of 34.2 metres. The adjacent multi level development currently under construction at 52 Montclair Avenue has a total height of 29.3 metres (7 storeys). The proposed building will therefore extend 5 metres above the height of the adjacent building which is nearing completion. In terms of storeys (floor to floor), heights for residential developments are generally lower than that of commercial floor levels. Residential floor to ceiling heights will usually be between 3-3.5 metres with commercial floor to ceiling heights usually not less than 3.8 metres. Given this, it is reasonable to suggest that an average benchmark ‘storey’ is 3.5 metres which would measure the current proposal at 9.7 storeys, and the adjacent development at 52 Montclair at 8.3 levels (noting that floor to floor heights at each level in the adjacent development at 52 Montclair Avenue are generally between 4-4.5 metres). Both developments fall within the preferred height limit of 8-10 storeys. Having regard to building height, independent urban design advice prepared by MGS Architects provides the following relevant comments:

“The overall height of the development is broadly appropriate in its context. Clause 21.06 encourages “medium to high rise development of up to 10 storeys within the Glen Waverley Activity Centre”, which is echoed in the future provisions of the activity centre structure plan. The existing context already has examples of buildings of similar or greater height. Though taller than its immediate neighbour at 52 Montclair Avenue, this is not in itself a concern in an area anticipated for significant levels of change into the future. The fact that the development will be visible from Kingsway above the existing two-storey built form along this street is also not a concern in itself. The strategic planning for the area encourages larger scale development in the Montclair precinct and there is provision for incremental change along Kingsway that may in time obscure the development when viewed from the eastern footpath. The proposal is setback sufficiently from Kingsway so as to avoid the impression of looming over the shopping strip or causing any significant overshadowing. However, the visibility and prominence of this built from will require a high level of design consideration.”




On this basis, the proposed building height is considered appropriate and is supported. Design Excellence and Built Form Architectural quality and design detail is critical in determining the appropriateness of new development within the GWAC. The GWSP recognises the importance of good design and the significant contribution it makes to the character and identity of a place, and more importantly, the key role it plays in defining the street level experience. One of the main objectives of the GWSP aims to promote ‘excellence in architectural quality and design across the activity centre defining a contemporary and exciting identity for Glen Waverley’. Strategies to achieve this are:

• “Encourage excellence in building design within both commercial and residential areas so that development responds to the characteristics of the site and its context.

• Strengthen sense of place and arrival in Glen Waverley by providing buildings of exemplary architectural on prominent sites and in locations adjacent to existing and proposed public spaces.

• Emphasise landmark sites to reinforce key locations and the status of Glen Waverley as an Activity Centre.”

An assessment of the current design response is made in terms or the resolution of the building facades in relation to its context and principals of good urban design and architecture. In this light, assessment will focus on,

• Facade treatments;

• Streetscape interface/activation and the public realm; and

• Residential Amenity/Outlook/ entry;

• Laneway abuttal. ‘Facade Treatment’ As discussed earlier in the report, the proposed building will be highly visible and prominent from the adjacent Kingsway environs and therefore will require a high level of design consideration, especially across the eastern (side) and northern (front) facade. In terms of the eastern (side) facade (facing Kingsway), it is considered that it could be improved by employing a more simplified facade design. At present it appears very ‘busy’ and unresolved with a number of windows arranged in a manner that does not provide rhythm to the facade. MGS Architects provided the following advice to Council (summarised) regarding elements of the facade requiring further consideration.




• The overall choice of materials could be better co-ordinated, for example by making the base elements heavier and the upper levels more transparent and lighter in colour.

• The choice of materials and detailing also requires further consideration in some locations: o The choice of Corten steel will stain facades as rain runs off the

surface. o The choice of large areas of grey render suggests insufficient design

ambition, in particular for highly prominent locations such as the eastern facade. Similarly bands of coloured metal panelling for exposed portions of the southern facade does not provide a high quality design treatment responding to the prominence and visibility of this portion of the facade.

• The use of a high quality architecturally designed feature wall to the laneway is good.

Across the front façade of the building, the architecture feels ‘heavy’, with solid balcony surrounds, and prominent curved terrace areas. It is considered that the front façade of the building requires further refinement especially the upper floor residential element of the building. Essentially, Council is seeking high quality architecture and sophisticated facades on prominent sites such as this within the centre. It is considered that the proposal would be further enhanced through more detailed consideration of the presentation to Kingsway and Montclair Avenue, and to a lesser extent, the southern facade. These changes will be required by way of permit condition requiring the applicant to work with an Urban Design Expert, to be chosen by Council, and at full cost to the permit applicant. The permit applicant will be required to work with the Urban Designer to achieve a more simplified facade presentation which will form a contemporary and high quality backdrop to Kingsway. The condition will allow the refinement of the facade detailing, with its main objective seeking to erase a lot of the ‘busyness’, and provide a more simplified, rhythmic presentation. A more detailed assessment of each façade/interface is provided below. Streetscape Interface and Public Realm The GWSP envisages Montclair Avenue as being ‘Pedestrian focused’ with street level activity that prioritises pedestrian and cycle movement across the Montclair Precinct into Kingsway. The overarching vision of the GWSP in this regard, is to create streets and public spaces that are ‘inspiring and people orientated’. In regard to this, independent urban design advice prepared by MGS Architects provides the following commentary.




“The street level uses will extend on the existing activity of the Kingsway activity spin and promote the ongoing transformation of Montclair Avenue into a mixed use precinct and as a destination for the surrounding area. The strengthened relationship between the existing employment use at the western end of Montclair Avenue and the pedestrian activity of Kingsway is strongly supported and consistent with broader precinct objectives.”

Proposed restaurant uses across the first three levels of the development are supported as are the outdoor dining terrace and balcony areas proposed at the street interface. ‘Setback to Montclair Avenue’ The building will be setback 4 metres to ground, first and second floor level restaurants. The first floor terrace which provides verandah canopy shelter to the outdoor dining area in the front setback will extend to the front boundary of the site (refer to level 1 floor plan). At second floor level, the terraces are setback 1 metre of the front boundary. Balconies to upper level residential apartments (Levels 3 -7) are recessed to 3.2 metres with the main building facade setback to 4.5 metres. The adjoining building at 52 Montclair Avenue is setback to 5 metres at ground floor level, however its upper floor balconies extend forward to 3.45 metres from the front boundary. The proposed setback is generally consistent with the built form opportunities for this particular area of the Activity Centre (Area D) which envisages;

• A street edge/podium height of 2-3 storeys with additional height recessed 5 metres from the primary street frontage.

• Zero front setback and an active frontage to Montclair Avenue. The proposed setback to Montclair Avenue is considered appropriate and responds well to its immediate context. ‘Landscape treatment at the street interface’ The proposed development will have a prominent interface with the public realm being located directly adjacent to the vibrant Kingsway restaurant spine. An urban design scheme should be developed in conjunction with Council to provide for a seamless integration with the GWAC. A similar collaborative approach was adopted and successfully achieved for the Ikon development and Glen Waverley Station upgrade program and has been a requirement of more recently issued permits for The Glen redevelopment and Village Walk development in O’Sullivan Road. External Urban Design advice from MGS Architects supports this approach, recommending the following.




“The landscape treatment of the ground plane is generally unresolved in the drawings provided. A landscape plan prepared by a landscape architect is required to describe how the design treatment of the entries, the outdoor seating area, the footpath up to and including the kerbline as well as the laneway adjoining the full length of the site will support the intended uses in these locations…”

Opportunities to improve the design of the laneway and footpath should be discussed with Council’s Urban Design team as both parties will benefit from improving and contributing towards the immediate context of the development, which in turn will promote the ongoing vibrancy and success of the entire Activity Centre. ‘Commercial Podium’ The first three levels of the building facing Montclair Avenue are proposed for restaurant uses, and these are defined within a prominent podium theme extending across the front facade and wrapping around into the laneway (eastern façade). This creates a distinct separation between the commercial and residential elements of the building. The front facade of the 3 level commercial podium is characterised by generous floor to ceiling glazing and prominent terrace/balcony structures.

The activation of the ground floor interface to Montclair Avenue is consistent with the objectives of the GWSP and is supported. The 4 metre setback to the frontage from the street boundary plus an overhanging terrace provides weather protection for the outdoor seating area. This area will be orientated towards the northern sun and will contribute to streetscape activity without narrowing the existing footpath. Proposed restaurants at levels 1 and 2 add further activity to the location with outdoor dining terraces proposed to overlook Montclair Avenue. This is a common feature of many modern international cities and will bring vibrancy and colour to the GWAC. However, the commercial interface to the building could benefit from a more prominent entry. Under the current proposal, ground floor restaurants will have separate entries, and upper floor restaurants will be accessed via a shared entry foyer located centrally between the two ground floor cafes. A condition of permit will require a more prominent entry to be designed for the main commercial entry to the building. MGS architects suggest that:

“the entries to both the hospitality uses and the apartments would benefit from greater vertical expression on the front façade, potentially by recessing the terrace immediately above to provide a two storey visual element at the entry.”

These suggested changes will be required by a condition of permit. ‘Laneway Interface (Eastern Interface)’




The development of this site also presents the opportunity to improve the site’s interface to the laneway, however it is noted that it is difficult to fully activate this frontage as the laneway is used primarily to service Kingsway commercial properties (i.e. rubbish storage and collection, loading and unloading activities). Taking this into consideration, the current proposal seeks to enhance the laneway environs by creating an interesting and ‘arty’ type feel to the facade. In particular, the ground floor level will be characterised by rendered walls with large glazed circular cut outs which will allow views into the ground floor. This also allows for light spillage into the laneway and introduces after hours, passive surveillance of what is a dark service laneway. This will enhance the location and add to the safety of the space. Following consultation with Council’s Traffic Engineers, the applicant agreed to increase the ground floor building setback to the laneway to 1.5 metres. This setback will not be fenced or secured by bollards and will allow for an increased laneway width, something which is encouraged by the GWSP. A condition of permit will require the 1.5 metre setback to be set aside as a carriageway easement to provide for continue entitlement of access across this section of the site. The wider laneway will allow for pedestrians to filter between the Bogong Avenue Car Park and Montclair Avenue more safely, a route which is often used as a short cut at present. It is also expected that as the existing commercial properties along Kingsway develop over time, a similar requirement will be placed on the rear of those site which will effectively increase the overall laneway width over time. This is consistent with ‘equitable development’ where each development site is required to contribute to the overall success of a centre. It is critical that future development approvals within the commercial centre are planned with the long term operations of the centre at the forefront of any design response. First and second floor levels of the commercial podium cantilever over the ground floor level and will be generously glazed to allow the vibrancy and social activity of the restaurants to be visible from the laneway environs below. The cantilevered section allows for a 4.6 metre clearance below, which is adequate to ensure loading and unloading activity can still be carried out from the laneway. It also provides a level of shelter for pedestrians walking between Bogong Avenue and Montclair Avenue. Above the commercial podium, the residential element of the building will rise for an additional seven storeys. With the exception of one apartment located at the south west corner of each floor level, all apartments within the development are designed to achieve views towards the north or east across the Activity Centre itself. Residential levels 3 through to 7 share a similar floor layout and articulated setback to the abutting laneway, of between 1 and 1.5 metres, with balcony edges setback at 800mm. The setback of the upper residential floors




coupled with the cantilevering of the commercial podium at levels 1 and 2 means that the 11 storey scale of the building is obscured to some degree at pedestrian level along the length of the laneway adjacent to the building. It is considered that with further refinement of the building façade (required through planning permit condition), the eastern façade of the building will improve the existing laneway amenity by introducing interesting built form, and after-hours activity which will bring light and passive surveillance to a currently dark environment. ‘Southern façade’ (Rear of building) The southern façade of the building abuts Council’s multi deck public car park (Bogong Avenue). The building will, for the most part be constructed along the rear title boundary of the lot. The car park is setback approximately 2 metres from the common boundary to the site. As illustrated on the ‘South elevation’, the commercial podium of the building extends for an additional level above the top deck of the car park. Residential apartments within the building are, where possible orientated away from the car park however apartment 7 at each level is constructed along the rear boundary with no views across the centre. The immediate abuttal of apartments 7 to the car park is of concern and is discussed in greater detail later in the report.

‘Western façade’ The western façade of the building will be constructed along the title boundary. The adjoining commercial building at 52 Montclair Avenue is setback 1 metre from the common boundary to the subject site. Its eastern facade contains three columns of windows, evenly spaced along the length of the facade providing light to the commercial uses within. The north east corner of the building at 52 Montclair Avenue will also be heavily glazed with a glass feature wall proposed at ground and first floor levels extending from the front of the building and along the eastern facade for approximately 9 metres. Large windows are also proposed at each level at the far northern end of the eastern facade. No windows are proposed along the western facade of the proposed building. Given that the neighbouring building at 52 Montclair Avenue will be used for commercial purposes only, the 1 metre setback to the proposed building is considered acceptable. A condition of permit will require that the western edges of residential balconies on the front facade of the proposed building be screened where necessary to mitigate direct views into these balconies from the adjoining commercial building at 52 Montclair Avenue. ‘Choice of Materials’ MGS Architects has also recommended that further consideration should be given to the choice of materials and have offered the following advice.




• “The choice of Corten steel ( balcony balustrade) will stain the facades as rain runs off the surface. Careful consideration of the detailing of these panels is required to avoid unintended staining. This is particularly concerning for the Montclair avenue interface, where the slab edge is revealed and balustrade is recessed. Careful detailing of the balcony drainage and the interface between the balustrade and the slab structure will be necessary to avoid staining the visible portions of the façade. Alternatively, running the balustrade in front of the slab edge may avoid some of these problems.”

Given the above advice, it is recommended that an alternative balustrade material be considered. This will be required as a condition of permit.

• “The overall choice of materials could be better coordinated, for example by making the base elements heavier and the upper levels more transparent and lighter in colour.”

These issues can be required and successfully resolved by way of a condition of permit. Overshadowing Shadow plans prepared by the project architect indicate that the additional shadow cast by the new building will fall across the car park to the south, and across the roof tops of adjoining Kingsway commercial properties. The shadow will fall within the existing shadow line of commercial properties along the western side of Kingsway. No unreasonable shadowing of Kingsway will result. The adjoining commercial building at 52 Montclair Avenue will be subject to morning shadow and its eastern facing windows will be in constant shadow once the development is constructed. This is not considered unreasonable given that 52 Montclair Avenue will be used for commercial uses at each level and that developments of 8-10 storeys are encouraged at this location. RESIDENTIAL APARTMENT LIVING Mixed use developments comprising commercial uses at lower level and residential uses above are envisaged for the Montclair Avenue Precinct, providing housing opportunity within a highly accessible location, and the current proposal is consistent with the precinct objective in this regard. MGS Architects provided urban design advice in this regard, recognising that;

“The additional residential population will support the continuing evolution of Glen Waverley into a 24 hour centre and will create a safer public realm through increased informal surveillance and increased pedestrian movements through the area.”

‘Internal Amenity’




Residential apartments are of reasonable size with the average size of 2 bedrooms apartments across levels 3 -7 being 70.6 square metres. Double storey loft apartments forming levels 8 and 9 are larger with an average floor size of 129.14 square metres. Each of the apartments has a private outdoor balcony area, which is generally well dimensioned and will obtain good views across the activity centre. Penthouse apartments are provided with large outdoor terrace areas at the 8 floor level (off main living areas) and smaller secondary balconies at level 9. All bedrooms within the development will have access to natural light. Light snorkels (narrow light passages which allow natural light to filter into internal spaces) to bedrooms are reasonable and windows will not be covered by eave overhangs. Apartment layouts have also been designed so that, where possible, bedrooms are located away from public hallways and circulation spaces. Public hallways and spaces throughout the residential element of the building are generously dimensioned with public hallways measuring 1.5 metres in width and apartment entry doors further recessed to aid with furniture movement. Access to natural light is also available to public hallways with windows proposed at hallway ends. ‘Interface to Bogong Avenue Multi deck car park’ At each level, main living areas and balconies have been orientated to take advantage of the northern orientation and/or to maximise views across the Activity Centre itself. Apartment 7 at each floor level (located at south west corner of levels 3-7 of the building) is the only apartment within the development which will not benefit from views to the north or east. Its balcony is proposed to be constructed along the western and southern title boundary of the lot and will directly overlook the top deck (uncovered) of the adjacent Bogong Avenue multi deck car park. It also proposes a bedroom window (east facing light snorkel) abutting the boundary. Bedrooms of Apartment 6 at each level are also setback 1 metre from the boundary, and contain an angled bedroom window setback 300mm from the title boundary. This is not ideal and it is considered that greater separation between the residential element of the proposal and the multi deck car park which is setback 2 metres from the common boundary is required. In this regard, it is recommended that Levels 3-7 of the development be setback a minimum of 2.5 metres from the rear title boundary. This will require the internal rearrangement of the building across levels 3-7, however, the increased rear setback is considered necessary to ensure good internal amenity for the rear apartments can be achieved. If apartment numbers are reduced as a result of these changes, a condition of permit will require that on site car parking




numbers (as currently proposed) are not reduced, but made available to visitors or reallocated to remaining apartments within the development. These changes should also be coupled with a requirement to add a planter box along the southern edge of the balcony to apartments 7 at each floor to allow for a green screen to be planted to help mitigate impacts from light spillage and filter views to the multi deck car park below. Movable, external louvre screens which are able to be opened or closed should also be fitted to the balcony edge to provide further privacy and sun protection options for residents. This is a screening technique often used for high rise developments for weather protection or as a shade device, and is being used increasingly in modern multi storey developments. In order to maintain a degree of articulation between Levels 3-7 and the Penthouse levels at Levels 8 and 9, it is also recommended that the southern facade of levels 8 and 9 be setback a further 1 metre from the rear boundary (i.e. from 2.8 metres to 3.8 metres). ‘Protection from noise nuisance’ Located in the centre of a vibrant Restaurant precinct, the development will need to manage the 24 hour noise that can reasonably be expected within an activity centre. Having said this, future residents cannot expect the same level of amenity/noise protection as that enjoyed within a residential zone. All habitable rooms within the residential element of the development will need to be designed/treated to mitigate the impact of external noise sources. This is particularly true of dwellings immediately above the restaurant terraces (fronting Montclair Avenue), as well as those facing the laneway and rear car park. In their urban design advice, MGS Architects recommends that;

“The principle of reverse amenity should apply to this development, where the proposed sensitive residential uses need to be designed to exclude noise and ensure the internal amenity of future residents. Previous VCAT cases across Melbourne have set relevant benchmark maximum decibel levels that should be achieved within sensitive areas.”

In order to ensure optimal internal amenity is achieved, a condition of permit will require the permit applicant to submit a detailed acoustic assessment of the proposal prepared by an experience professional acoustic consultant to demonstrate to Council’s satisfaction how the development will meet these minimum acceptable noise standards. ‘Residential Entry’ A separate residential entry is proposed from Montclair Avenue. It is located at the western end of the building frontage, recessed 1.5 metres behind the commercial frontage to the building. Apart from the increased setback, there is no real distinguishing features which identify the entrance or provide a point of




difference between it and the main commercial foyer entry and a condition of permit should require changes to the entry façade to achieve this. Vehicle Access and Car parking provision No on site car parking is proposed for the commercial element of the development. This provision will be fully satisfied through the parking overlay contribution scheme generated by Parking Overlay Schedule 1 Controls (PO1). ‘Vehicle access from the laneway’ Three levels of basement car parking are proposed to satisfy the on-site car parking provision for the residential element of the development (including resident and visitor parking provision). Basement car parking will be accessed from the adjacent laneway via a ramp entry located at the south west corner of the lot. The basement will be secured at the ramp entry by a security roller door. The permit applicant has designed the ramp entry so that it is setback 4.2 metres from the title boundary to the laneway. This means that although a wider entrance is achieved, vehicles entering and exiting the basement will utilise the north east corner of Council owned land which forms part of the Bogong Avenue Multi level car park. The section of land is currently used to store a rubbish skip (assumed to belong to a Kingsway property) and appears to have been originally constructed as a garden bed, although it is unplanted. It is understood that as part of the multi deck car park development, the section of laneway extending from the southern boundary of 54 Montclair Avenue south to Bogong Avenue was widened from 3 metres to approximately 5 metres. Council’s Traffic Engineers have advised that they believe it is appropriate and preferable to allow the development to utitise this section of land as it is unlikely that it will be constructed over in the future. It is also noted that the permit applicant, when requested, agreed to provide a greater setback to the ground floor eastern façade of the building to accommodate a wider laneway width. This approach is considered consistent with the equitable contribution of all stakeholders to achieve outcomes which will contribute to the ongoing success of the activity centre. A condition of permit will require the land owner to enter into a S173 Agreement with Council regarding this use of Council land for access. ‘Residential Car parking provision’ The proposal provides for the requisite number of resident and visitor car parking spaces pursuant to Clause 52.06 as detailed in the following table: No. of dwellings Clause 52.06

requirement Car spaces required

Car spaces provided

2 bedroom dwellings

39 1 spaces per dwelling 39 39

3 bedroom dwellings

2 2 space per dwelling 4 4

Visitor parking 37 1 space per 5 dwellings 7 8




Total required 50

Total provided 51

The proposal satisfies the planning scheme requirement in regard residential car parking.

Features of the car parking layout/provision are as follows. • All resident and visitor car parking will be accommodated in the basement

at grade. No mechanical car parking stackers are proposed. • Basement 1 (top basement level) contains a total of 15 car spaces,

including 8 visitor spaces (inclusive of an accessible space). • Basement 2 (middle basement level) contains a total of 16 residential car

spaces. • Basement 3 (bottom most level) contains 20 residential car spaces. • Residents of the building will be able to access the basement via the lift

access or internal stairwell. The commercial lift or stairs do not extend to the basement.

In order to access each basement level a circular ramp system has been adopted. The narrow width of the site restricts the width of the ramp between each level to a single car width (3.5 metres in width). Following consultation with Council’s Traffic Engineers, the permit applicant has introduced a traffic signal system which will manage traffic conflict between basement levels. Line markings at each basement level will require vehicles to sit away from the ramp entry/exit points in order to ensure a clear ramp access is always maintained through each basement level. For example at basement 1, vehicles waiting to exit will be stopped adjacent to car space V5, well away from the ramp operations. This will allow a vehicle entering to continue unobstructed through to basement 2 below. Council’s Traffic Engineers have assessed the proposed car parking and access arrangements and have provided the following advice (among other things).

• The ramp requires a grade transition between the ground floor 1:10 and 1:4 grades in accordance with AS2890.2:2004, section 2.5.3(e).

• Bollards shown in laneway adjacent to eastern façade of the building should be removed (applicant has agreed to this).

• Basement 1 accessible space and visitor space 7 are both quite difficult to access with multiple manoeuvres required which is not considered acceptable. It is recommended that both spaces should be relocated.

• The provision of storage within the visitor spaces is not considered appropriate and should be relocated.




• Bicycle facilities located within the Montclair Avenue setback to the building are not positioned appropriately and will need to be relocated to Council’s satisfaction.

Appropriate planning permit conditions will address these issues. Car parking for restaurants A total of 377 seats are proposed across the 6 restaurant tenancies. In accordance with schedule 1 of the Parking Overlay (PO1) car parking for restaurants is calculated at 0.45 spaces per seat, generating a car parking requirement of 169 spaces for the restaurant element of the development. No on site car parking is proposed for the restaurant uses and therefore the permit holder is required to contribute $22 000 per car space to satisfy the car space requirement under the Monash Planning Scheme generating a monetary contribution requirement of $3,718,000.

• Calculation – 377 seats x 0.45 (spaces per seat) = 169 car spaces required.

• 169 x $22,000 (inclusive of GST) per car space = $3,718,000 (contribution required).

The total amount will be charged to the applicant in accordance with the Parking Overlay provisions.

‘Bicycle storage facilities’. A total of 35 bicycle spaces are provided on site including the 6 visitor spaces along the Montclair Avenue frontage. Most spaces (29) are proposed across the three basement levels. Under Clause 52.34 of the Monash Planning Scheme, the statutory requirement for the provision of bicycle facilities on the site is as follows:

• Residents – 1 space per 5 dwellings = 8.

• Residential visitors – 1 space per 10 dwellings = 4.

• Restaurant - 1 employee space per 100m2 of floor area = 8 (based on 50% of floor area available to public).

• Restaurant – 2 patron spaces plus 1 to each 200m2 of floor area available to the public if the floor area available to the public exceeds 400m2 = 6 (based on 50% of floor area available to public.

The development generates a statutory bicycle storage provision of 26. A total of 35 spaces are proposed on site, satisfying planning scheme requirements in this regard. ‘Loading and Unloading’




In accordance with Clause 52.27 a loading bay is required on site to service the commercial element of the proposal. The proposed loading bay will be accessed from the laneway and although not strictly complying with scheme dimensions, Council’s Traffic Engineers are satisfied that the loading bay operations will be satisfactory. The loading bay facilities are located at ground level adjacent to the basement ramp entry. A service lift is conveniently located adjacent to the loading bay facility and services the upper floor restaurants and mezzanine level, residential and commercial bin storage areas. Storage facilities and refuse/recycling Storage facilities for residential apartments are provided at basement level at the front of each car space. Refuse storage facilities are provided on the mezzanine level located above the ground floor restaurants and basement ramp at the rear of the building. Rubbish shutes provide convenient disposal options for upper floor apartments while restaurants will utilise the service lift. Separate refuse storage areas are proposed for the residential and commercial elements of the development. The permit holder will be required to have the Waste Management Plan approved to the satisfaction of Council. The Waste Management Plan has been referred to Council’s Waste Management Department for comment.

CONCLUSION:

The current proposal is considered consistent with the broader state and local planning policy objectives for Activity Centres such as Glen Waverley. The mix of commercial uses and upper floor residential apartments is encouraged at this location by the GWAC Structure Plan, and the multi storey scale of the building is generally consistent with the design guidelines for the Montclair Avenue precinct. The development, with recommended changes will enhance the streetscape and introduce activity and vibrancy to the area. The laneway environs will be improved and safer spaces created by the introduction of light and after hours activity. Good on site amenity for residents will be achieved. The proposal is supported.




LIST OF ATTACHMENTS: Attachment 1 – Proposed Development Plans. Attachment 2 – Aerial Photograph (October 2014). Attachment 3 – Zoning and Overlays Map. Attachment 4 – Objector Properties Location Map.

1.7 54 montclair avenue, glen waverley the … · 6/28/2016 · basement car park for use as...

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