brimbank city council ordinary council meetingagenda ...report 12.2 - planning permit application...

Brimbank City Council Ordinary Council Meeting Agenda Officer Reports 5

Meeting No. 393 22 September 2015

Report 12.2 - Planning Permit Application P213/2015 for the Demolition of Three (3) Buildings (EG7, EG8, K6) within a Heritage Overlay (HO143) at 765 Ballarat Road, Deer Park Directorate: City Development Director: Stuart Menzies Policy: Brimbank Planning Scheme, Planning and Environment Act 1987 Attachments: 1. Zoning Map 2. Aerial Photograph

3. Advertised Documents 4. Arborist Report 5. Detailed Assessment 6. Proposed Conditions

Purpose To provide Council with an assessment of Planning Permit Application P213/2015 for the demolition of three (3) buildings (EG7, EG8, K6) within a Heritage Overlay (HO143) at 765 Ballarat Road, Deer Park, against the provisions of the Brimbank Planning Scheme (Planning Scheme). Report 1. Background The subject site is located on the southern side of Ballarat Road and also has frontages to Station Road and Tilburn Road. Several buildings occupy the site. Some of the buildings are heritage listed. The overall site is zoned a mixture of Industrial 1 Zone, Industrial 2 Zone and Commercial 2 Zone. The three (3) buildings in question are located in the north-eastern section of the site within the Commercial 2 Zone (refer to Attachments 1 and 2 to this report). The site is occupied by Orica and was previously used for the manufacture of chemicals and explosives. There are three (3) stages of demolition (Stages 1, 2 and 2a) that have previously been approved for buildings on the wider Orica site. This application is known as Stage 3. It proposes the demolition of buildings known as EG7, EG8 and K6 (refer to Attachment 3 to this report). Building EG8 was formerly a garage and storage building, and K6 was used as a nitro-glycerine store. These buildings are not recognised to have contributory heritage significance. Building EG7, also known as the ‘White House’, is historically significant as the oldest building on the ICI/Orica site, and the only structure remaining from the earlier phases of the explosives factory’s development. It was originally constructed as a site manager’s residence, then converted into an office, and later used as a laboratory until the 1980s. There are also a number of significant trees near the buildings proposed to be demolished. An arborist was engaged to evaluate the trees, and provide a report, to ensure these trees would not be damaged as a result of any demolition works (refer to Attachment 4 to this report). 2. Consultation The application was advertised in accordance with Section 52 of the Planning and Environment Act 1987 (the Act), by placing seven (7) signs on the subject site and sending notices to adjoining and nearby property owners and occupiers and other interested parties. At the completion of the advertising period, three (3) objections had been received.

Brimbank City Council Ordinary Council Meeting Agenda Officer Reports 6

Meeting No. 393 22 September 2015

Report 12.2 - Planning Permit Application P213/2015 for the Demolition of Three (3) Buildings (EG7, EG8, K6) within a Heritage Overlay (HO143) at 765 Ballarat Road, Deer Park (continued) The main concerns raised were that the White House is an essential part of Brimbank’s industrial heritage and its demolition will reduce the heritage assets of Brimbank and reduce the historical resources to educate children. There was also a concern in relation to the protection of the significant trees around these buildings. The concerns raised by the objectors are discussed in the Detailed Assessment at Attachment 5 to this report. 3. Analysis Buildings EG8 and K6 are not recognised as having contributory significance to this heritage area, and their demolition is not recommended to be opposed. The demolition of EG7 (the White House) is the main consideration of this application. The applicant was asked to investigate other methods of remediation and the possibility of retaining the White House, however they have indicated retention of the building is not possible. The information submitted by the applicant indicates there are signs of contamination in the form of explosive residue within the White House from its history as a laboratory. Detector dogs responded to explosives chemicals inside the building and at an external pit. The information also stated that based on the building construction and the types of compounds used, the risk of soil contamination requiring remediation is considered high. However, no soil sampling to determine the level of contamination has been done to date. It cannot be undertaken within the footprint of the building until the explosive risk is addressed, for the health and safety of staff investigating or remediating the site. The relevant policies of the Planning Scheme and the Act do not give guidance as to which matter - environmental contamination or protection of significant heritage places - has greater importance. However, given the previous investigation and the known history of the White House being exposed to potential explosive chemicals, there are serious questions over whether the building will be able to be safely retained and remediated for adaptation. To mitigate the impact of the loss of heritage fabric, permit conditions could require the existing Interpretation Plan prepared under previous demolition stages to be extended, to include the buildings under this stage. It is noted the three (3) buildings have been included in the photographic archival record, which is already available to the public. It is recommended the proposal be supported, and a Notice of Decision to Grant a Permit be issued, subject to the conditions set out at Attachment 6 to this report. 4. Resource Implications There are no resource implications for Council. 5. Compliance Statement This report has been prepared in accordance with Part 4 of the Act. 6. Officer Recommendation That Council issues a Notice of Decision to Grant Planning Permit P213/2015 for the demolition of three (3) buildings (EG7, EG8 and K6) within a Heritage Overlay (HO143) at 756 Ballarat Road, Deer Park, subject to the conditions contained at Attachment 6 to this report.

Map Scale: 1:12,050 km

P213/2015 - 765 Ballarat Rd, Deer Park Attachment 1

Map Scale: 1:12,050 km


P213/2015 – 765 Ballarat Road, Deer Park Attachment 5 DETAILED ASSESSMENT: Application Number:

P213/2015

Location:

765 Ballarat Rd Deer Park

Proposal:

Demolition of three buildings (EG7, EG8, K6) within a Heritage Overlay (HO 143)

Applicant:

Orica Australia Pty Ltd C/- Contour Consultants Australia Pty Ltd

Zoning/Overlay Controls:

Zones Commercial 2 Zone (it is noted that the wider Orica site is also within the Industrial 1 and Industrial 2 Zones however the area subject to the current planning application is only within the Commercial 1 Zone). Overlays Heritage Overlay (HO143), Development Plan Overlay Schedule 16 and Environmental Audit Overlay are located on the land that is the subject of this application. A Land Subject to Inundation Overlay and a Special Building Overlay are present on the site also, but do not affect this current application.

Adjoining Zoning/Overlay:

North Road Zone Category 1 (Ballarat Road), beyond which is land within the Industrial 2 Zone and Industrial 3 Zone. South Public Use Zone 4 (railway line), beyond which is land within the Industrial 1 Zone with no overlays. West Road Zone Category 1 (Station Road), Public Park and Recreation Zone and General Residential Zone Schedule 3 with a Special Building Overlay over some of this land. East Road Zone Category 1 (Western Ring Road), beyond which is a Public Park and Recreation Zone, with Land Subject to Inundation Overlay and Environmental Significance Overlay Schedule 4

Environmental Audit:

An Environmental Audit Overlay is applied to the eastern part of the land, including the area where the demolition is proposed. The proposal does not involve a sensitive land use, hence a requirement for an environmental audit is not required under the provisions of the overlay in this instance.

Proximity to former Land Fill sites:

The site is located outside the recommended buffer distance from the nearest former landfill. Accordingly a landfill gas assessment of the site is not required.

Cultural Heritage Management Plan:

The north-eastern part of the site is located within an area of Aboriginal and Cultural Significance. Pursuant to Part 2, Regulation 13 of the Aboriginal Heritage Regulations 2007, the demolition or removal of a building is an exempt activity. Therefore, no Cultural Heritage Management Plan (CHMP) is required.

P213/2015 – 765 Ballarat Road, Deer Park Attachment 5 (cont.)

2

Restrictive Covenant:

There are four separate covenants registered on the title. The covenants relate to creation and use of easements on the land for the purpose of locating pipes and providing industrial waste and sewerage discharge from the site. The covenants have no effect on the demolition of the buildings and there will be no breach of the covenants by such works.

Section 173 Agreement:

Agreement AJ591461L is registered on the title. It states that a heritage interpretation plan is to be produced. This plan has been produced and endorsed under delegation from Council and a copy was also provided to the State Library. The proposal does not breach the Section 173 Agreement requirements.

Planning History:

Numerous planning permits have been issued in respect of the subject land. These applications date from the 1980s onwards and were issued in respect of various additions or improvements to the existing industrial use and associated buildings on the land over that time. The most recent relevant planning history includes: • Planning Permit P862/2009 (known as the Stage 1 permit) was

issued on 16 February 2010 for the demolition of non-significant buildings on the site. This permit contains conditions requiring archival recording of the site to Heritage Victoria standards and the development of a comprehensive interpretation plan.

• Planning Permit P49/2010 (known as the Stage 2 permit) was

issued on 3 November 2010 for the demolition of 30 buildings of contributory and non- contributory heritage significance and associated works. This permit was subsequently amended on 23 May 2011 to extend the timeframes to provide a comprehensive interpretation plan and enter into a Section 173 Agreement with Council and to delete a condition relating to covering of external areas to avoid dust nuisance. The Agreement was registered on the Title on 10 April 2012.

• Planning Permit P122/2011 (known as the Stage 2a permit)

was issued on 24 September 2012 at the direction of VCAT for the demolition of four buildings, associated works to relocate one building and works to remediate, retain or demolish four other buildings. This permit contains conditions requiring heritage recording to be undertaken on the buildings that were being demolished and has an additional condition required by VCAT to carry out further investigation into four other buildings. “Assessment of Potential Decontamination Methods for Four Potential Heritage Buildings” prepared by Peter G Cartwright (The Cartwright Report) was submitted to Council in May 2013. This recommended that three of the four buildings in question be decontaminated by incineration while further information was required to advise on the fourth building. Prior to demolition of the buildings (Stages 1, 2 and 2A), a photographic archival record was undertaken by Hin Lim Photography in 2011, and an accompanying historical overview report, including datasheets for each building , was prepared


3

by Lovell Chen. The record and the historical overview were lodged with the State Library of Victoria and the Brimbank Library Service and are accessible to the public at both of these venues. It is noted that the applicant has confirmed that the three buildings proposed to be demolished pursuant to this application were recorded as part of this photographic archival recording.

Amendment C128 Amendment C128 was gazetted on 14 May 2014. It sought to rezone a portion of the site to Commercial 2 Zone, apply Development Plan Overlay and Environmental Audit Overlay to part of the site and to reduce the extent of the Heritage Overlay to apply to four specific areas: HO140 – Former ICI Leathercloth Factory HO 141- Former ICI Administration Buildings HO142 – Former ICI Explosives Manufacturing complex HO143 – Nobel Building, entry gates and White House

Site Inspection Date:

27 May 2015 (this was an escorted tour of the site arranged by Orica and involved some community representatives also).

Considered Documents:

• Heritage Report March 2015, prepared by Lovell Chen Architects & Heritage Consultants, received 2 April 2015;

• Demolition Work Plan, prepared by Ausdecom, received 2 April 2015;

• Work Plan for Site Investigation – Orica Deer Park, White House, Contamination issues, prepared by Golder Associates, received 1 June 2015.

Permit Required Pursuant to:

A planning permit is required pursuant to Clause 43.01-1 to demolish or remove a building within a Heritage Overlay. There are no other permit triggers for the demolition of a building under the planning controls that relate to this site.

Proposal Details: The proposal involves demolition of buildings known as EG7, EG8 and K6. EG7 – White House: This building was originally constructed in the late nineteenth century as a residence for the manager of the site. In the 1920s it was modified for office purposes and later converted for use as a laboratory in the 1950s. It is a contributory building pursuant to the Heritage Overlay HO143. EG8 - Garage/store and K6 – Nitro-glycerine store: These buildings are recognised as being associated with the uses of the White House during the 20th Century. Both are non-contributory buildings pursuant to the Heritage Overlay HO143.

Site and Surrounds:

Subject Site The subject site is located on the southern side of Ballarat Road and also has frontages to Station Road and Tilburn Road. The subject site is irregular in shape, generally flat and has a frontage of over 600 metres to Ballarat Road and a total site area of 149ha. The site is bound by Kororoit Creek and the Western Ring Road to the east, Ballarat Road to the north and Tilburn Road to the south. The western part of the site is abuts Station Road, Hyde Street and


4

Witton Street. The site is occupied by Orica, Momentive and Welwick with a history of manufacturing explosives and specialty chemicals from the site. Several existing buildings occupy the site. Some of the buildings are heritage listed. The buildings that are the subject of this current application are located within HO143. Background of HO143 – Former ICI Explosives Factory Entry Gates, Nobel Building and White House While buildings EG8 and K6 are not recognised as contributory buildings, EG7, also known as the White House, is of historical significance as the oldest building on the ICI/Orica site. It was originally constructed as the site manager’s residence and was later converted to office in the 1920s, when a new residence was constructed on Ballarat Road, and to laboratory uses in the 1950s. Other significant buildings, structures and trees within this precinct include:

- Entry gates - Mature peppercorn, Alleppo Pine and Stone Pine near the

Entry Gates - EG1 – Nobel Building - Mature English Elms (x6), Alleppo Pines (x2) and Peppercorn

(x1) to the south of the White House. Surrounding Area The surrounding area comprises of:

• Deer Park Reserve and Hyde Street (ICI Heritage Housing Estate) to the north-west corner of the site. The nearest house is more than 200 m from the site of the proposed works;

• Paramount Industrial Estate to the south of Tilburn Road; • Public Park and Recreation Zone – Kororoit Creek Reserve

and baseball fields on the opposite side of the Western Ring Road to the east;

• Deer Park Hotel, part of the Cairnlea Estate, MFB Fire Station, car sales yards and other industrial land uses on the opposite side of Ballarat Road to the north.

Notification:

As it was considered that the proposal may cause material detriment, the application was advertised to owners and occupiers of adjoining properties in accordance with Section 52 of the Planning and Environment Act 1987. Advertising was undertaken by the following means: On Site Notice Yes (x7) Mail Yes Newspaper No Objections: Yes No. Three (3) Grounds of objection: • The White House is an essential part of Brimbank’s industrial

heritage and its demolition will reduce the heritage assets of Brimbank;

• The demolition of the White House will reduce the historical resources to educate the children;


5

• The demolition work plan does not adequately address the protection of the significant trees nearby the buildings proposed to be demolished.

Suggestions: Further to the above objections, a submission has included suggestions on how to mitigate the impact of the proposed demolition including: - Conduct further investigation relating to the use of the building

throughout its history by engaging former users of the site to collect oral histories;

- Expanding the Interpretation Plan previously done to include the 3 buildings in question;

- Include specific permit conditions to protect the significant trees surrounding the three buildings.

Referrals: Comments:

Internal: Heritage Advisor: Council’s Heritage Advisor commented that out of the 3 buildings, only EG7 is recognised as contributory to the HO143 precinct, so the demolition of EG8 and K6 cannot be opposed for heritage related reasons. It was recommended that Condition 3 from the previous permit (that was mediated at VCAT) that calls for reports to be prepared investigating the possibility for remediation (both of any explosives residue in the building and drains, and of the building’s structure) should be applied to this application. Discussion on Referral Advice: The Heritage Advisor was referring to Condition 3 of Planning Permit P122/2011. Condition 3 requires further investigation of 4 of the contributory buildings (G102, M10, AX8 and BX2) proposed to be demolished. The Cartwright Report was submitted to Council to satisfy Condition 3. The Cartwright Report concluded that 3 of the buildings should be decontaminated by incineration while further information is required for the last building. Based on the findings of similar buildings in the previous application that were exposed to explosive chemicals, further investigation as suggested by the Heritage Advisor is not considered to be warranted (refer to further discussion under the “Officers Comments” section of this report). The following assessment will focus on the White House as the other two buildings are not recognised to have significant heritage values.

Planning Scheme Requirements:

State Planning Policy Framework Clause 11 – Settlement Clause 11.04 – Metropolitan Melbourne Clause 15 – Built Environment and Heritage Clause 15.03 - Heritage Clause 17 – Economic Development Clause 19 - Infrastructure Local Planning Policy Framework Clause 21 – Municipal Strategic Statement Clause 21.06 – Built Environment Clause 21.06-1 – Heritage


6

Clause 22.01 – Brimbank Heritage Policy Zoning Provisions Clause 34.02 – Commercial 2 Zone (C2Z) Overlay Provisions Clause 43.01 – Heritage Overlay Schedule 143 (HO143) Clause 43.04 – Development Plan Overlay Schedule 16 (DPO16) Clause 45.03 – Environmental Audit Overlay General Provisions Clause 65 – Decision Guidelines

Comparison against Planning Controls:

State Planning Policy Framework (SPPF) Clause 15.03 Heritage (Clause 15.03-1 Heritage Conservation) Objective To ensure the conservation of places of heritage significance. The relevant strategies: • Identify, assess and document places of natural and cultural

heritage significance as a basis for their inclusion in the planning scheme.

• Provide for the conservation and enhancement of those places which are of, aesthetic, archaeological, architectural, cultural, scientific, or social significance, or otherwise of special cultural value.

• Retain those elements that contribute to the importance of the heritage place.

• Encourage the conservation and restoration of contributory elements.

• Support adaptive reuse of heritage buildings whose use has become redundant.

There is no disagreement that the White House is significant as the oldest building on the Orica site. The main concern is whether the White House can be safely retained/conserved and remediated for adaptation. As part of the application submission, the applicant has provided a report outlining the contamination issues associated with the White House. The report states that: • The building has a known history involving the handling of

explosives inside the building. • Detector dogs responded to internal fume cupboards, a

laboratory sink and an external pit. • No soil sampling has been undertaken to date as sampling

within the footprint of the building is considered to have an unacceptable explosive risk.

• Subsurface soil sampling cannot be safely carried out until the explosive risk is addressed.

• The risk of soil contamination requiring remediation is considered high given the types of compounds used and the building construction.

• The extent of remediation required (if any) cannot be established until investigation can safely occur.

• To be able to meet the Auditor’s requirements to achieve an Environmental Audit for this part of the site, progressive remote demolition and safe disposal of the White House is


7

recommended to be undertaken from a health and safety perspective to protect staff investigating or remediating the site.

Given the known history of the White House being used as a laboratory in its later years, combined with the conclusions of the contamination report provided by the applicant, this casts doubt on whether this building will be able to be safely retained and remediated for adaptation. Whilst the demolition of the White House will not meet the above objective and strategies, the heritage aspects need to be considered in conjunction with the other competing objectives of the SPPF and also based on the reality of whether it is safe to retain the building or not. Clause 13.03-1 Use of contaminated and potentially contaminated land Objective To ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely. Strategies • Require applicants to provide adequate information on the

potential for contamination to have adverse effects on the future land use, where the subject land is known to have been used for industry, mining or the storage of chemicals, gas, wastes or liquid fuel.

This clause relates specifically to soil contamination, but the same principle can be applied to a contaminated building. The information provided by the applicant raises doubt over whether the White House can be sufficiently remediated for a future use due to potential contamination from explosives. This is not something that may cause a minor health issue for someone in the future, but instead has the potential for the building to explode and cause significant damage and loss of life. Expert evidence sought by Council on the previous application outlined the difficulty in retaining buildings that are contaminated with explosives. To ensure that this potentially contaminated building is suitable for its intended future use, the only viable and safe option is considered to be to allow its demolition. Local Planning Policy Framework Clause 21.06-1 – Heritage Heritage buildings and places provide an historical snapshot of the development within the municipality and should be protected for future generations. New developments within heritage areas should be carefully managed to ensure the conservation and protection of heritage buildings and places. The relevant objective is: • To conserve and enhance historic buildings, features and

precincts that contribute to the community’s understanding of the development within the municipality.

Conservation is usually achieved through retention and restoration of heritage places. Not all buildings can be retained depending on the structural integrity or the history of the building. Where buildings cannot be retained, another approach to contribute to the community’s understanding of the development within this


8

municipality can be adopted. The interpretation plan that was previously prepared for the whole of the Deer Park Explosives Factories complex can be extended to include the buildings EG7, EG8 and K6 specifically by way of condition on any permit issued. This would include interpretation signage in relation to the buildings, particularly the White House. It has been previously accepted by VCAT that this approach will assist to implement the objective of this policy to improve community understanding about the value of heritage places. In addition, the White House has already been included in the photographic archival record which is available to the general public. Clause 22.01 - Brimbank Heritage Policy The main objectives of the heritage policy are as follows: • To conserve and enhance a range of buildings, features and

precincts that strengthen community identity by helping to convey how the municipality originated and developed over time.

• To ensure heritage places continue to be used and conserved and are protected from demolition or removal.

• To ensure development, including alterations and additions to existing buildings, maintains the significance of the heritage place and integrates with the surrounding heritage buildings and streetscape.

• To ensure that the conservation of heritage places and precincts is based upon a clear understanding of the reasons for their significance.

• To improve community understanding about the value of heritage places and raise community awareness about appropriate conservation techniques.

Clause 22.01 provides further policy guidance for different types of development within heritage areas. In general, it is policy to: • Encourage the retention and restoration of heritage places. • Disregard the impact of non-contributory buildings and works

when determining the appropriate siting, massing and scale of extensions and upper storey additions to existing buildings and the construction of new buildings in a Heritage Overlay.

• Encourage the removal of works that detract from the heritage significance of a heritage place or precinct.

Demolition and removal of buildings The relevant policies are: • Require all applications for demolition to be accompanied by an

application for new development. • Require all applications for the demolition of a contributory

heritage place to be accompanied by a report from a suitably qualified structural engineer with experience in the conservation of heritage buildings that outlines the structural condition of the building. The report should provide a schedule of works required to enable the building to be re-used as well as a schedule of the associated costs.

• Only allow the demolition of a contributory heritage place if: - The building is structurally unsound or beyond reasonable

repair having regard to the cost of demolition and construction of a new building, of a similar standard, compared to the cost of retaining and renovating the existing structure; and


9

- The replacement building and/or works positively supports the ongoing heritage significance of the heritage place.

• Only allow the demolition of a non-contributory heritage place if:

- The replacement building and/or works positively supports the ongoing heritage significance of the heritage place.

• Only allow the partial demolition of a heritage place if the demolition will not adversely affect the significance of the heritage place.

No new development is proposed as part of this development and no structural report accompanies this application, however a contamination report does which indicates the presence of explosives in the White House. A heritage report has also been provided which notes that the White House has been substantially altered over the years and raises questions about its “contributory” heritage status. The part of the Orica site in question has been rezoned to Commercial 2 Zone to facilitate a mix of commercial and retail land uses and light industrial uses to be in keeping with Council’s vision as set out in Clause 21.04 (Strategic Land Use Vision) of the Brimbank Planning Scheme. The applicant advises that this application is proposed in association with the remediation of the land to obtain a Statement of Environmental Audit. The statement is required to facilitate the site rehabilitation, consistent with the objectives and purpose of Commercial 2 zoned land. The appropriateness of the future development will be subject to a separate application. The application has been assessed against the Local Planning Policy Framework and it is considered that the proposed demolition is not entirely consistent with relevant policies contained within this section of the Brimbank Planning Scheme. Zoning and Overlay Provisions Clause 34.02 Commercial 2 Zone The demolition works proposed are located within the Commercial 2 Zone. No planning permit is required for demolition pursuant to the provisions of this zone. Clause 43.01 – Heritage Overlay Clause 43.01-1 states that a permit is required to demolish or remove a building within the Heritage Overlay. Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: • The State Planning Policy Framework and the Local Planning

Policy Framework, including the Municipal Strategic Statement and local planning policies.

These were discussed previously in this assessment and it was found that the proposed demolition, although not strictly in compliance with these policies, is generally acceptable taking into account factors such as the contamination of the White House with explosives. • The significance of the heritage place and whether the proposal

will adversely affect the natural or cultural significance of the


10

place. The historical significance of the White House is widely recognised. Should demolition be supported, conditions regarding including this building within the Interpretation Plan for the site, as mentioned earlier in the report, should form part of the any permit issued. • Any applicable statement of significance, heritage study and

any applicable conservation policy. As part of the Planning Scheme Amendment that resulted in a reduction in the Heritage Overlay from being over the entire site to being only located over four specific areas of the site, Context Pty Ltd has prepared a statement of significance for HO143. It states that the White House is the only structure remaining from the earlier phases of the explosive factory’s development. It is also evident in the internal alteration that the building was converted into a laboratory. • Whether the demolition, removal or external alteration will

adversely affect the significance of the heritage place. • Whether the proposed works will adversely affect the

significance, character or appearance of the heritage place. Methods to remediate other buildings within the Orica site have been extensively investigated previously and in the previous instance, three out of the four buildings were demolished due to the contamination of the fabric and surrounding soil/ground surfaces resulting from the manufacture of explosives and various component materials. The fourth building is still in question and may also need to be demolished. If the demolition of the White House was to be approved, there are a number of ways to mitigate the impact of demolition, as discussed earlier in the assessment. These include a photographic record of the building (which has already been undertaken) and extending the Interpretation Plan for the site to include this building. • Whether the lopping or development will adversely affect the

health, appearance or significance of the tree. There are a number of trees located on the eastern, southern and western sides of the buildings proposed to be demolished that will need to be isolated and protected through the works. These trees are also noted within the Heritage Overlay as being of significance. The demolition work plan states that these trees and the area within their drip line will be excluded from the demolition zone through the erection of a temporary fence. This area will also be an exclusion zone for all vehicles. After the public notification process was completed, the applicant submitted an Arborist Report (prepared by Galbraith & Associates, received 31 August 2015). The Arborist report has included specific protection procedures for each of the trees of significance. These recommendations can be included as conditions, should a permit be issued, to ensure minimal impact on the trees. Clause 43.04 Development Plan Overlay Schedule 16 – Orica Deer Park Development Plan The Development Plan Overlay Schedule 16 (DPO16) allows the granting of a planning permit for defined matters, prior to the approval of a Development Plan:


11

A permit may be granted before a development plan has been approved for the following: • Any buildings or works, including the demolition or construction

of part of the any building, associated with the remediation of the land in accordance with or for the purpose of obtaining a Certificate or Statement of Environmental Audit under the Environment Protection Act 1970.

The document submitted by Golder Associates notes that the demolition works proposed are associated with the remediation of the land and as such a planning permit can be sought prior to the approval of a Development Plan. DPO16 goes on to state: A planning report must be submitted as part of any application for a planning permit and should demonstrate that the buildings and works and/or subdivision of land will not prejudice or conflict with: • The long term future use and development of the land. • The preparation of a Development Plan, or • The provisions and requirements of any approved Development

Plan. A planning report was submitted with the application (prepared by Contour Consultants Pty Ltd) that addressed the above issues. The application has been assessed against the relevant zoning and overlay provisions and it is considered that although the proposed demolition is not entirely consistent with the purpose of the zoning and overlay controls contained within the Brimbank Planning Scheme, there is merit in approval of the application subject to conditions requiring a heritage interpretation plan being prepared for these buildings. General Provisions Clause 65 Decision Guidelines Before deciding on an application or approval of a plan, the responsible authority must consider, as appropriate: • The matters set out in Section 60 of the Act. • The State Planning Policy Framework and the Local Planning

Policy Framework, including the Municipal Strategic Statement and local planning policies.

• The purpose of the zone, overlay or other provision. • Any matter required to be considered in the zone, overlay or

other provision. • The orderly planning of the area. • The effect on the amenity of the area. • The proximity of the land to any public land. • Factors likely to cause or contribute to land degradation,

salinity or reduce water quality. • Whether the proposed development is designed to maintain or

improve the quality of stormwater within and exiting the site. • The extent and character of native vegetation and the

likelihood of its destruction. • Whether native vegetation is to be or can be protected, planted

or allowed to regenerate. • The degree of flood, erosion or fire hazard associated with the

location of the land and the use, development or management of the land so as to minimise any such hazard.


12

Section 60 of the Act lists wider ranging objectives for Victoria. Among the statements of providing fair, orderly economic and sustainable use and development of land, it also specifically mentions the following: (d) to conserve and enhance those buildings, areas or other places

which are of scientific, aesthetic, architectural or historical interest, or otherwise of special cultural value.

(g) to balance the present and future interest of all Victorians.” The Act, as well as the objectives and planning policies contained within the Brimbank Planning Scheme, encourage and support the conservation and protection of places of heritage value. However, there is no provision in the Act or Scheme that indicates that the protection of significant heritage buildings is of greater importance than environmental contamination, or vice-versa. There is evidence that the White House may contain explosive contaminants and that it cannot be safely decontaminated other than by demolition as suggested in the Contamination Report prepared by Golders Associates. This situation is similar to the previous demolition application for Stage 2a, where expert opinion found that contaminated buildings could not be retained. To balance the loss of heritage fabric, photographic recordings of the site and specific buildings (including the White House) have been prepared as mentioned earlier. Additionally, the Interpretation Plan can be extended to include the three buildings in question, particularly the White House. This will ensure that there is a physical tribute to the buildings on site into the future. Based on the above, it can be seen that the application has been assessed against the relevant general provisions and it is considered that the proposed buildings and works meet the guidelines contained with this section of the Brimbank Planning Scheme.

Officer’s Comments:

Response to Grounds of objections: The following includes an assessment against the relevant grounds of objection: • The White House is an essential part of Brimbank’s industrial

heritage and its demolition will reduce the heritage assets of Brimbank;

• The demolition of the White House will reduce the historical resources to educate the children;

While approval of the current application would result in a loss of fabric, there is an opportunity for the applicant to ensure the site’s historical and social significance is preserved. One approach is to photographically record the White House, which has already been done and is publicly available at the State Library. Another approach is to provide interpretation signage of the history of the White House and the other two buildings under this application. This can be achieved through a condition on any permit that is issued for the proposal. This approach was adopted under the previous demolitions permits issued for other buildings on this site. • The demolition work plan does not adequately address the

protection of the significant trees nearby the buildings proposed to be demolished.


13

Since the completion of the public notification process, the applicant has submitted an Arborist Report, prepared by Galbraith and Associates, received on 31 August 2015. The report has outlined specific protection procedures for each of the significant tree within the precinct. These recommendations should form part of the permit conditions, should a permit be issued. Conclusion: The historical significance of the White House building is recognised as it is one of the oldest remaining buildings left on the Orica site. Whilst it would have been desirable to retain this building and potentially find a new use for it going forward, the presence of explosive material as identified within the building presents an unacceptable risk. On this basis, there would appear to be no other viable option than to allow its demolition. The existing photographic recording of the building ensures that the White House is properly documented for future generations, and the proposed requirement for the Interpretation Plan to be extended to these three buildings will see signage erected on the site to mark their role in the history of the site. It is recommended that the proposal be supported subject to the changes that are recommended in this report, and are listed in the “Proposed Conditions” at Attachment 5.

P213/2015 – 765 Ballarat Road, Deer Park Attachment 6 PROPOSED CONDITIONS: Amended Plans (1) Before the demolition starts, amended plans to the satisfaction of the Responsible

Authority 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 drawn to scale with dimensions and three copies must be provided. The plans must show:

(a) The subject site in its entirety and the identification of the location of buildings

EG7, EG8 and K6, noting that they are to be demolished. (b) A plan identifying the location of the significant trees as outlined in the

statement of significance prepared by Context Pty Ltd for HO143. (c) The above plan to outline the tree protection zone of the trees significant

identified under Condition 1(b) generally in accordance with the “Specific Protection Procedures” requirements set out in the Arborist Report prepared by Rob Galbraith dated 28 August, 2015, and as required by Condition 5 of this Permit, to the satisfaction of the Responsible Authority..

(2) The demolition of the three buildings as shown on the endorsed plans must not

be altered without the written consent of the Responsible Authority. Heritage Interpretation Plan (3) Within 12 months of the issue of this permit, the existing Interpretation Plan of

Orica’s and ICI’s role in Deer Park and manufacturing processes undertaken on the site must be modified to include buildings EG7, EG8 and K6. This modified plan must be prepared by a suitably qualified person who has previously prepared heritage interpretation plans. The modified plan must be submitted to and approved by the Responsible Authority. The modified plan must include:

(a) Appropriate interpretative signage or other appropriate interpretative feature

for the three (3) buildings to be demolished. (b) Estimated time line of when the interpretation plan recommendations will be

implemented (should be implemented prior to the completion of the final stage).

(c) The on-going maintenance of the interpretative display and its location to ensure that the interpretation is visible from the public areas.

Tree Protection (4) Unless otherwise approved by the Responsible Authority, the demolition works

must be carried out in accordance with the recommendations contained within the Arborist Report prepared by Galbraith and Associates dated 28 August 2015, to the satisfaction of the Responsible Authority. The “Specific protection procedures to be employed near the trees” as identified on Page 7 of the report must be implemented to ensure the health and survival of these trees.

(5) Prior to commencement of any demolition works, a tree protection fence must be

installed around any tree that is likely to be impacted by demolition. The location of the fence must be generally in accordance with the “Specific Protection Procedures” requirements set out in the Arborist Report prepared by Rob Galbraith dated 28 August, 2015, and as required by Condition 4 of this Permit, to the satisfaction of the Responsible Authority. Warning signs must be erected along each side of the tree protection fence.

P213/2015 – 765 Ballarat Road, Deer Park Attachment 6 (cont.) (6) Prior to commencement of works (including any demolition, excavations, tree

removal, delivery of building/construction materials, site preparation works and/or installation of temporary buildings), a qualified arborist must inspect the tree protection fence.

(7) Unless otherwise approved by the Responsible Authority, or as otherwise

recommended in the report prepared by Galbraith and Associates dated 28 August 2015, no loading, unloading, storage of materials, depositing of waste, vehicle access, parking or other construction activity may occur within the Tree Protection Zones.

Demolition (8) Unless otherwise approved by the Responsible Authority, the demolition works

hereby approved must be carried out in accordance with the requirements contained within the Demolition Work Plan prepared by Ausdecom, Rev A, dated May 2015, to the satisfaction of the Responsible Authority, with the exception of any actions or responses arising under other relevant legislation or statutory requirements relating to the environmental risks and removal of contaminated materials..

Amenity (9) The demolition must be managed so that the amenity of the area is not

detrimentally affected, 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.

(10) A truck wheel-wash must be installed and used (or another suitable measure

implemented) so vehicles leaving the land do not deposit mud or other materials on roadways to the satisfaction of the Responsible Authority.

(11) There must be no discharge of dust, liquid waste, litter or contaminated stormwater form the premises during the demolition works.

General (12) During the demolition, the following conditions shall be met:

(a) Only clean rainwater shall be discharged to the stormwater drainage system; (b) Stormwater drainage system protection measures shall be installed as required

to ensure that no solid waste, sediment, sand, soil, clay or stones from the premises, enters the stormwater drainage system;

(c) Vehicle borne materials shall not accumulate on the roads abutting the site; (d) All machinery and equipment must be cleaned (if required) on site and not on

adjacent footpaths or roads; (e) All litter (including items such as cement bags, food packaging and plastic

stripping) must be disposed of responsibly.

P213/2015 – 765 Ballarat Road, Deer Park Attachment 6 (cont.) Time Limit (13) This permit will expire if one of the following circumstances applies:

(a) The demolition is not started within two years of the date of this permit. (b) The demolition 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: (a) Within six months afterwards for commencement, or (b) Within twelve months afterwards for completion.