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PRIORITY u>LANNING

Application for Planning Permit

637-639 Nicholson Street Carlton North

Construction of a multi-level building, including shop, offices and 10 Dwellings, associated building demolition and reduction of the car parking

requirements

9 October 2019

•

PRIORITY PLANNING PTY LTD ACN 098 890 790 ABN 14 098 890 790

47 BOURKE STREET MELBOURNE 3000 TELEPHONE: 9639 9599 MOBILE: 0407 845 686

Email: [email protected]

Urban Context report 637-639 Nicholson Street Carlton North

Introduction

Priority Planning Pty Ltd has been engaged to lodge an application for construction of a multi-level building including a shop, offices and 10 dwellings, associated building demolition and reduction of the car parking requirements at 637-639 Nicholson Street Carlton North.

This report, which should be read in conjunction with the plans prepared by Rossetti Architects explains the proposal in detail and sets out its compliance with the Yarra Planning Scheme.

The methodology used is to identify the zone, overlay(s) or other provisions that trigger a requirement for a planning permit, identify relevant policies arising from those provisions, and then demonstrate how the proposal addresses the main planning issues arising from both.

The report then considers the following questions:

• Does the proposal respond appropriately to the relevant planning provisions that apply to the land, meet the objectives of Clause 58, respond to any relevant housing, urban design and landscape plan, strategy or policy set out in the Yarra Planning Scheme and derive from and respond to this urban context report?

• Is the proposal appropriate in terms of relevant state policy, the Municipal Strategic Statement, local policy and the Commercial 1 Zone?

• Is the proposal appropriate in terms of Clause 58 Apartment development?

The site is of an appropriate size and orientation to accommodate the proposed multi-level mixed-use development having regard to it's location in a Commercial 1 Zone, the Nicholson Village Neighbourhood Activity Centre and in the Principal Public Transport Network Area.

The relevant local policy and the site context both support the proposal.

Generous setbacks will be provided and visual bulk, overshadowing and overlooking impacts will be limited.

The proposal will feature a contemporary architect-designed building that will make a positive contribution to the streetscape while minimising impacts on the neighbourhood.

The higher parts of the building will be appropriately recessed with the flat roof profile further limiting building height.

The proposed design:

• Responds to "any relevant planning provision that applies to the land" given that it involves a multi-level commercial and residential development in the Nicholson Village Neighbourhood Activity Centre;

• Will be respectful of the historic nature of the existing shop buildings on both its own site and nearby;

• Provide an appropriate amount of on-site car parking supported by a Traffic Impact Assessment and provide significantly more on-site bicycle parking than required by Clause 52.34;

• Meets the objectives of Clause 58 - as set out in detail in this report; • Responds to "any relevant housing, urban design and landscape plan, strategy or policy"

in the Yarra Planning Scheme — as well as appropriately responding to the various state policies and the five relevant local policies.

The report concludes that the proposal will achieve acceptable planning outcomes and that it is appropriate for Council to grant a permit.

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Existing Conditions

Locality plan including public transport, with site marked with arrow

The site

The site, which consists of two lots, abuts the west side of Nicholson Street and the east side of an unnamed lane, between Scotchmer Street to the north and Reid Street to the south within the Nicholson Village Neighbourhood Activity Centre.

The site is rectangular in shape with a width (frontage/rearage) of 10m, a depth (sideage) of 38m and an overall area of 380sqm. There is existing vehicle access on Nicholson Street.

The site contains two commercial buildings, one single storey the other two storey, both used for commercial purposes.

Buildings also abut the full length of the site's southern (side) and western (rear) boundaries, with an open area used for car parking along part of the northern (side) boundary.

The neighbourhood

Nicholson Street is a well-know main road with a sealed carriageway, formal drainage and footpaths, central tramlines, parallel parking, no nature strips and small or medium street trees.

The lane is a typical 3m wide inner-suburban back laneway.

The neighbourhood is essentially of a mixed use nature with commercial (mainly retail and office) uses in the immediate vicinity and residential beyond.

The immediate site abuttals include retail uses within single or double-storey shop buildings.

There are also several relatively new multi-level commercial and residential buildings in the activity centre.

To the site's west (rear), across the lane, are traditional dwellings fronting Station Street.

There are various restricted car parking spaces along Nicholson Street and other parts of the adjoining road network.

In terms of adjoining commercial transport and community facilities, we note the following:

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St

The site and its neighbourhood


The activity centre contains a range of commercial and community facilities as well as employment opportunities. The site in the Principal Public Transport Network Area (PPTNA). Trams run along Nicholson Street while buses operate along Reid Street.

• Various schools are located within walking distance of the site. • Parks are similarly located within easy walking distance of the site.

There are no north-facing windows within 3m of the south boundary of the site.

The site (in centre)

The site (centre) in its Nicholson Street streetscape

The site and its immediate neighbours along Nicholson Street

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Nicholson Street looking north from Richardson/Reid Street Nicholson Street looking south from Richardson/Reid Street

Nicholson Street looking south from about 100m north of site Nicholson Street looking north from about 100m north of site

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Existing conditions along Nicholson Street within about 100m of the site (bottom right is viewed from rear lane)

Rear boundary of site and adjoining lane looking towards Richardson Street

Looking north along rear lane towards site from near Richardson Street

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Fences along east side of rear lane


Looking south along rear lane towards Richardson Street from near site

Looking west along lane near rear of site towards Station Street

Dwelling adjoining rear lane

Public transport near the site

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The Proposal

The proposal involves construction of a multi-level building including a shop, 5 offices and 10 dwellings and associated building demolition.

More particularly, the proposal includes the following:

• A contemporaray designed building with retention of the parts of the existing buildings nearest to Nicholson Street.

• A shop and lobby will face Nicholson Street with offices at first floor level and dwellings above.

• Vehicular access will be provided from the rear lane.

• The exterior of the building will include both concrete panels and perforated metal.

• Each dwelling will comprise two (2) bedrooms.

• There will be a total of 582sqm of office floor area spread across 5 tenancies.

• While the proposal will be higher than its immediate neighbours, the setbacks of its upper-levels from each end of the site will protect both the Nicholson Street streetscape and the amenity of the dwellings across the rear lane.

• As well as the provision of active shop frontages at ground floor, various windows and balconies will integrate the development with Nicholson Street (balconies facing the rear lane will instead have screening measures to protect neighbouring privacy).

• Pedestrian access to the dwellings will be via the lobby off Nicholson Street and the rear lane, with connections to the dwellings directly via a lift and stairs. Access to the commercial areas and offices will be directly via Nicholson Street.

• The proposed balconies and windows will provide passive surveillance of Nicholson Street in particular.

• The maximum height of the building will 24.5m above natural ground level (NGL), with only a small lift overrun above this.

• Sustainability will be facilitated through the compact, multi-level nature of the building and the use of modern construction techniques.

• Vehicular access will be from the rear lane only. The existing crossover on Nicholson Street will be removed (this will also allow for an additional on-street car space).

• 22 on-site parking spaces will be provided. This includes the use of stackers.

• A bicycle parking area comprising 18 spaces will be provided at ground level, with access from the rear lane.

• The proposed upper level walls of the building will abut both the northern and southern (side) boundaries, except for a lightcourt on each side.

Unreasonable overlooking will be prevented by appropriate screening measures to the proposed upper level balconies in relation to existing adjoining secluded private open space or habitable room windows.

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I 61'-639 NICHOLSON STREET CARLTON NORTH 3054 X I I

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• Each dwelling will have private open space in the form of balcony ranging between 9.2sqm and 36.85sqm with convenient access from a living room. Dwellings 7 and 8 will also each have access to a roof deck of 29sqm each.

• Each balcony or courtyard will have solar access commensurate with its location within the development.

• A shared deck of 157.85sqm (with lift access from other floors) will be provided at roof level.

• 6 cubic metres of storage for all 10 apartments will be provided at ground level.

Planning Controls and Policies Zones and overlays affecting the land

The site is in a Commercial 1 Zone (C1Z). A Heritage Overlay and an Environmental Audit Overlay also affect the site. No other overlays apply.

There is nothing of relevance to the application in the schedule to the C1Z. Nicholson Street is in a Road Zone Category 1.

Zoning map with site highlighted in blue and Principal Public Transport Network Area shown hatched

Overlay map with site highlighted in blue in centre


Non-applicable clauses

The following clauses(s) that may otherwise be thought applicable, do not apply to this application:

22.03 Landmarks and Tall Structures - the site is not near any of the structures referred to in the policy; 22.10 Built form and design policy-states that "it applies to all new development not included in a heritage overlay";

• 22.13 Residential built form policy — this only applies in the "Residential 1 Zone"; • 43.05 Environmental Audit Overlay - this overlay does not trigger a permit requirement

and its requirements will be addressed under a separate, non-council process; and 55 Two or more dwellings on a lot and residential buildings - does not apply to a development of five or more storeys excluding a basement (Clause 58 applies instead).

34.01 Commercial 1 Zone

Office, Shop (other than Adult sex product shop) and Accommodation (other than Community care accommodation, Corrective institution and Rooming house) / Dwelling are all Section 1 ("No permit required") uses in the C1Z.

The shop is existing.

"Dwelling" is subject to the condition, "Any frontage at ground floor level must not exceed 2 metres", which is met in this case.

Office is subject to the condition: "The leasable floor area for all offices must not exceed any amount specified in the schedule to this zone".

As there is no amount specified in the C1Z schedule, office is a Section 1 ("Permit not required") use.

Consequently, a planning permit is not required by the C1Z (or any other control) for any of the proposed uses.

The Commercial 1 Zone also includes the following:

Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework. To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses. To provide for residential uses at densities complementary to the role and scale of the commercial centre

34.01-4 Buildings and works

A permit is required to construct a building or construct or carry out works.

An apartment development must meet the requirements of Clause 58

34.01-8 Decision guidelines

Before deciding on an application, in addition to the decision guidelinesin Clause 65, the responsible authority must consider, as appropriate:

General

The Municipal Planning Strategy and the Planning Policy Framework. The interface with adjoining zones, especially the relationship with residential areas.

Building and works

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• The movement of pedestrians and cyclists, and vehicles providing for supplies, waste removal, emergency services and public transport.

• The provision of car parking. • The streetscape, including the conservation of buildings, the design of verandahs, access from the street front,

protecting active frontages to pedestrian areas, the treatment of the fronts and backs of buildings and their appurtenances, illumination of buildings or their immediate spaces and the landscaping of land adjoining a road.

• The storage of rubbish and materials for recycling. • Defining the responsibility for the maintenance of buildings, landscaping and paved areas. • Consideration of the overlooking and overshadowing as a result of building or works affecting adjoining land in a General

Residential Zone, Neighbourhood Residential Zone, Residential Growth Zone or Township Zone. • The impact of overshadowing on existing rooftop solar energy facilities on dwellings on adjoining lots In a General

Residential Zone, Mixed Use Zone, Neighbourhood Residential Zone, Residential Growth Zone or Township Zone. • The availability of and connection to services. • The design of buildings to provide for solar access. • The objectives, standards and decision guidelines of Clause 54 and Clause 55. This does not apply to an apartment

development. • For an apartment development, the objectives, standards and decision guidelines of Clause 58.

43.01 Heritage Overlay - H0326 - North Carlton Precinct

This overlay includes the following:

Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework. To conserve and enhance heritage places of natural or cultural significance. To conserve and enhance those elements which contnbute to the significance of heritage places. To ensure that development does not adversely affect the significance of heritage places.

43.01-1 Permit requirement

A permit is required to:

• • Demolish or remove a building. • Construct a building or construct or carry out works ...

The H0326 Heritage Place is not included on the Victorian Heritage Register and is not an Aboriginal Heritage Place.

Internal alteration and external paint controls do not apply.

52.06 Car parking

This clause includes the following:

Purpose

To ensure that car parking is provided in accordance with the State Planning Policy Framework and Local Planning Policy Framework. To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality. To support sustainable transport alternatives to the motor car. To promote the efficient use of car parking spaces through the consolidation of car parking facilities. To ensure that car parking does not adversely affect the amenity of the locality. To ensure that the design and location of car parking is of a high standard, creates a safe environment for users and enables easy and efficient use

52.06-2 Provision of car parking spaces

Before:

• a new use commences; or

the number of car parking spaces required under Clause 52.06-5 or In a schedule to the Parking Overlay must be provided to the satisfaction of the responsible authority in one or more of the following ways:

• on the land; or • in accordance with a permit issued under Clause 52.06-3; or •

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52.06-3 Permit requirement

A permit is required to:

• Reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5 or in a schedule to the Parking Overlay.

In terms of requirements to provide parking for the proposal:

Clause 52.06 sets out on-site car parking provision rates for Shop, Office and Dwelling. As the site is in the Principal Public Transport Network Area, "Column B" requirements applying including reduced parking requirements for all the proposed non-residential uses and no visitor car parking requirements for the Dwellings.

• A total of 25 on-site car spaces are required. As 22 spaces are provided, a permit is required under Clause 52.06 to reduce the requirement.

There is no permit requirement for the design of car parking, however "plans must be prepared to the satisfaction of the responsible authority".

Consideration of whether such plans are satisfactory is ordinarily part of the decision making on the application as a whole.

Please refer to the Traffic Impact Assessment for further information on the proposal's compliance with car parking requirements under Clause 52.06.

52.34 Bicycle facilities

This clause includes:

Purpose

To encourage cycling as a mode of transport. To provide secure, accessible and convenient bicycle parking spaces and associated shower and change facilities.

This clause sets out requirements for provision of Bicycle facilities, including spaces, showers, changes rooms, lockers, signage etc.

As with car parking, this is based on various rates for different land uses.

The number of required bicycle spaces is set out below:

• Clause 52.34 specifies that for residential developments of 4 or more storeys, 1 resident bicycle space for each 5 dwellings, plus 1 visitor space for each ten dwellings must be provided. For "Office other than specified in this table" 1 "employee" bicycle "to each 300 sqm of net floor area if the net floor area exceeds 1000 sqm" plus 1 "visitor" space "to each 1000 sqm of net floor area if the net floor area exceeds 1000 sqm". For "Shop", Clause 52.34 requires the provision of 1 "employee" bicycle space "to each 600 sqm of leasable floor area if the leasable floor area exceeds 1000 sq metres" and 1 "shopper" space "to each 500 sqm of leasable floor area if the leasable floor area exceeds 1000 sq metres".

• Given the proposed floor area for the shop and offices (less than 1000 sqm in total), there is no requirement to provide bicycle parking. However, for the 10 dwellings, there is a requirement to provide 2 resident bicycle spaces, plus 1 visitor bicycle space - a total of 3 spaces.

• As 18 spaces in total are provided, this requirement will very easily met.

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58 Apartment Developments

This clause includes:

Purpose

To implement the Municipal Planning Strategy and the Planning Policy Framework. To encourage apartment development that provides reasonable standards of amenity for existing and new residents. To encourage apartment development that is responsive to the site and the surrounding area.

Application

Provisions in this clause apply to an application to construct or extend an apartment development ... if:

• The apartment development is in the Commercial 1 Zone ....

Operation

The provisions of this clause contain:

• Objectives. An objective describes the desired outcome to be achieved in the completed development. • Standards. A standard contains the requirements to meet the objective. A standard should normally be met. However, if

the responsible authority is satisfied that an application for an alternative design solution meets the objective, the alternative design solution may be considered.

• Decision guidelines. The decision guidelines set out the matters that the responsible authority must consider before deciding if an application meets the objectives.

Requirements

A development:

• Must meet all of the objectives of this clause. • Should meet all of the standards of this clause.

If a zone or a schedule to a zone, or a schedule to an overlay specifies a requirement different from a requirement of a standard set out in Clause 58 (excluding Clause 58.09-1), the requirement in Clause 58 applies.

For Clause 58.04-1 (Building setback):

• If a zone or a schedule to a zone specifies a building setback requirement different from a requirement set out In Clause 58.04-1, the building setback requirement in the zone or a schedule to the zone applies.

• If the land is included in an overlay and a schedule to the overlay specifies a building setback requirement different from the requirement set out Clause 58.04-1 or a requirement set out in the zone or a schedule to the zone, the requirement for building setback in the overlay applies.

There is no relevant building setback requirement in any applicable zone, overlay or schedule.

The Application requirements of this clause are addressed in an attachment to this report.

Summary of permit requirements

On the basis of the above, a permit is required to:

• Construct a building or works in the C1Z; • Demolish a building (including in part) and construct buildings or works in the H0326;

and • Reduce the car parking requirements (Clause 52.06).

While (under Clause 52.05) a permit per se is not required to construct the proposed car parking and access, the latter is required by Clause 52.06 to be the satisfaction of the Responsible Authority.

This is addressed in the parking report.

Relevant policy in the (State) Planning Policy Framework

There are a small number of relevant state policies, mainly relating to the nature, location

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and physical form of residential development. These are as follows:

11.03-15 Activity centres

Objective

To encourage the concentration of major retail, residential, commercial, administrative, entertainment and cultural developments into activity centres that are highly accessible to the community.

15.01-15 Urban design

Objective

To create urban environments that are safe, healthy, functional and enjoyable and that contribute to a sense of place and cultural identity.

15.01-25 Building design

Objective

To achieve building design outcomes that contribute positively to the local context and enhance the public realm.

15.01-55 Neighbourhood character

Objective

To recognise, support and protect neighbourhood character, cultural Identity, and sense of place.

15.02-15 Energy and resource efficiency

Objective

To encourage land use and development that Is energy and resource elfident, supports a cooler environment and minimises greenhouse gas emissions.

15.03-15 Heritage conservation

Objective

To ensure the conservation of places of heritage significance.

16.01-15 Integrated housing

Objective

To promote a housing market that meets community needs.

16.01-2R Housing opportunity areas - Metropolitan Melbourne

Strategies Identity areas that offer opportunities for more medium and high density housing near employment and transport in Metropolitan Melbourne.

16.01-25 Location of residential development

Objective

To locate new housing in or dose to activity centres and employment corridors and at other strategic redevelopment sites that offer good access to services and transport.

16.01-35 Housing diversity

Objective

To provide for a range of housing types to meet increasingly diverse needs

16.01-45 Housing affordability

Objective

To deliver more affordable housing closer to jobs, transport and services.

17.02-15 Business

Objective

To encourage development that meets the community's needs for retail, entertainment, office and other commercial services.

18.02-35 Road system

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Objective To manage the road system to achieve integration, choice and balance by developing an efficient and safe network and making the most of existing Infrastructure.

18.02-15 Sustainable personal transport

Objective

To promote the use of sustainable personal transport.

18.02-4S Car parking

Objective

To ensure an adequate supply of car parking that is appropriately designed and located.

Relevant policy in the Local Planning Policy Framework

The site is in the "North Carlton - Princes Hill" Neighbourhood referred to at Clause 21.08 Neighbourhoods.

The most relevant section of the Municipal Strategic Statement is Clause 21.04 Land Use/21.04-1 Accommodation and housing, 21.05 Built Form/21.05-2 Urban design, 21.07 Environmental Sustainability and 21.08 Neighbourhoods.

Strategic Framework Plan from Clause 21.03 Vision of Yarra Planning Scheme with approximately site location marked with arrow. The site is in the Nicholson Village Neighbourhood Activity Centre

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There are five key relevant local policies, at Clauses: 22.02 Development Guidelines for sites subject to the Heritage Overlay; 22.05 Interface Uses Policy; 22.07 Development Abutting Laneways, 22.16 Stormwater Management (Water Sensitive Urban Design); and 22.17 Environmentally Sustainable Development.

22.02 Development Guidelines for sites subject to the Heritage Overlay

22.02-1 Policy Basis

The MSS highlights the importance of heritage to the identity and character of the municipality and one of its objectives is to protect and enhance the City's heritage places.

This policy provides guidance for the protection and enhancement of the City's identified places of cultural and natural heritage significance.

22.02-2 Definitions of Words used in this Policy

• Adaptation: modifying a place to suit the existing use or a proposed use. • Architectural integrity: the quality of closely reflecting the architecture of the period in which a building was created. • Conservation: the process of looking alter a place so as to retain its cultural significance. • Cultural significance: aesthetic, historic, scientific, social or spiritual value for past, present or future generations. • Fabric: all the physical material of the place including components and fixtures and can include building interiors. • Heritage place: anything subject to the Heritage Overlay and can include a site, area, land, landscape, tree, building or

other work, or group of buildings of heritage significance, and may Include components or spaces. When used in the context of a building graded individually significant, the heritage place is initially the individually significant building and then the broader heritage area. When used In the context of a contributory building, the heritage place is the broader heritage area.

• Maintenance: the continuous protective care of the fabric and setting of a place. it is distinguished from repair which involves restoration and reconstruction.

• Preservation: maintaining the fabric of a place in its existing state and retarding deterioration. • Reconstruction: returning a place to a known earlier state and is distinguished from restoration by the Introduction of

new material into the fabric. • Restoration: returning the existing fabric of a place to a known earlier state and is distinguished from reconstruction by

no introduction of new material into the fabric (note a permit is only required for works, repairs and routine maintenance which change the appearance of a heritage place or which are not undertaken to the same details, specifications and materials).

22.02-3 Levels of Significance

Every building of cultural significance has been assessed and graded according to its heritage contribution. The levels of significance used are:

• Individually significant: The place is a heritage place in Its own right. Within a Heritage Overlay applying to an area each individually significant place is also Contributory.

• Contributory: The place is a contributory element within a larger heritage place. A contributory element could include a building, building groups and works, as well as building or landscape parts such as chimneys, verandahs, wall openings, rooflines and paving.

• Not contributory: The place is not individually significant and not contributory within the heritage place.

The level of significance of every building is identified in the incorporated document, City of Yarra Review of Heritage Overlay Areas 2007 Appendix 8 (as updated from time to time). Details of methodology used to determine levels of significance can be found in City of Yarra Review of Heritage Overlay Areas 2007 (Graeme Butler and Associates), City of Yarra Heritage Gaps Review Two 2013, City of Yarra Heritage Gaps Study July, 2014 - Smith Street South (Anthemion), and Heritage Gap Study: Review of Central Richmond, Stage 2 Final Report, November 2014.

22.02-4 Objectives

To conserve Yarra's natural and cultural heritage. To conserve the historic fabric and maintain the integrity of places of cultural heritage significance. To retain significant view lines to, and vistas of, heritage places. To preserve the scale and pattern of streetscapes in heritage places. To encourage the preservation, maintenance, restoration and where appropriate, reconstruction of heritage places. To ensure the adaptation of heritage places is consistent with the principles of good conservation practice. To ensure that additions and new works to a heritage place respect the significance of the place. To encourage the retention of 'individually significant' and 'contributory' heritage places. To protect archaeological sites of cultural heritage significance.

This clause then details policy requirements, which are set out and addressed in the Heritage Impact Assessment (separate to this report).

22.05 Interface Uses Policy

This includes:

This policy applies to applications for use or development within:

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• Mixed Use, Business and Industrial Zone


The policy supports the objectives of the MSS by protecting Yarra's diverse land use mix and built form, reducing conflict between commercial, industrial and residential activities, and supporting appropriate industrial and commercial activity.

While the mix of land use creates a diverse and Interesting inner city character, it also may create conflict at the interface between the land uses. Issues of concern include:

• Noise • Visual impact and appearance • Overlooking • Odour and air emissions • Light spill • Loading and unloading • Rubbish removal and storage • Construction noise

In order to maintain the viability of industrial and business areas there is a need to ensure that new residents do not have unrealistic expectations of the level of amenity that can be achieved. New dwellings must be constructed to protect residents as much as reasonably possible from the inherent conflicts. There is also a need to ensure that commercial and industrial activities are well managed having regard to their proximity to residential uses.

22.05-2 Objectives

• To enable the development of new residential uses within and close to activity centres, near Industrial areas and in mixed use areas while not impeding the growth and operation of these areas as service, economic and employment nodes.

• To ensure that residential uses located within or near commercial centres or near industrial uses enjoy a reasonable level of amenity

22.05-5 Application Requirements

Permit applications for residential development to include details of proposed acoustic attenuation design features or measures, and other design features to mitigate the potential noise, fumes and air emissions, light spillage, waste management and other operational matters from the nearby business or Industrial uses.

An Acoustic Assessment Report is to be provided in circumstances where the Council determines the potential for noise disturbance to residents is present. The report should demonstrate that the residents will enjoy a reasonable level of acoustic amenity within the dwelling.

Permit applications for non-residential development within Mixed Use or Business zones and within Industrial zones within 30 metres of a Residential 1 or Mixed Use zone to include details of proposed methods to address potential noise, fumes and air emissions, light spillage, waste management and other operational matters that may cause negative impacts upon nearby residential properties.

22.05-6 Decision Guidelines

Before deciding on an application for residential development, Council will consider as appropriate:

The extent to which the proposed dwellings may be subject to unreasonable noise, fumes and air emissions, light spillage, waste management and other operational matters from the nearby business or industrial uses. Whether the dwellings are designed or incorporate appropriate measures to minimise the impact of noise, fumes and air emissions, light spillage, waste management and other operational matters from the nearby business or industrial uses.

This clause then details policy requirements, which are set out and addressed below in the "Planning Merits" section of this report.

22.07 Development Abutting Laneways

This includes:

This policy applies to applications for development that is accessed from a laneway or has laneway abuttal.


The Yarra Municipal Strategic Statement (MSS) identifies the need to retain existing laneways and enhance their amenity. It also states that, where appropriate, laneway access for vehicles is to be used in preference to street frontages to reduce vehicle crossovers.

22.07-2 Objectives

To provide an environment which has a feeling of safety for users of the laneway. To ensure that development along a laneway acknowledges the unique character of the laneway. To ensure that where development is accessed off a laneway, all services can be provided to the development.

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• To ensure that development along a laneway is provided with safe pedestrian and vehicular access.

This clause then details policy requirements, which are addressed below in the "Planning Merits" section of this report.

22.16 Stormwater Management (Water Sensitive Urban Design)

This includes:

This policy applies to applications for:

• New buildings •


Increased development can result in greater hard surface area and changes to the volume, velocity and quality of stormwater drainage into natural waterways.

Achieving improved storm water quality is a key objective in reducing the environmental impact of urban development on waterways and receiving water bodies in the Port Phillip catchment, this policy implements the best practice performance objective outlined in the Urban Stormwater Best Practice Environmental Management Guidelines, CSIRO 1999 (or as amended) to achieve the objectives of the State Environment Protection Policy (Water of Victoria).

Waterways are an important environmental asset and measures that protect, or improve, water quality will be of significant benefit environmentally, socially and economically.

Incorporating storm water treatment measure Into the design of development, including wetlands, bio-retention systems and porous pavements to filter pollutants, will help to protect and Improve the condition of the natural waterways and passively irrigate urban vegetation.

Water sensitive urban design (WSUD) is the design of buildings, subdivisions and works to minimise the hydrological impact of urban development on the surrounding environment. WSUD provides the means for treating storm water run-off in a variety of ways so that the flow is reduced, and the quality of run-off is Improved. Stormwater management can take various forms in the urban environment including infrastructure upgrades, streetscape layout changes, piping reconfigurations, storage tanks, and the use of different paving.

22.16-2 Objectives

To achieve the best practice water quality performance objectives set out in the Urban Stormwater Best Practice Environmental

Management Guidelines, CSIRO 1999 (or as amended). Currently, these water quality performance objectives require:

- Suspended Solids - BO% retention of typical urban annual load - Total Nitrogen - 45% retention of typical urban annual load - Total Phosphorus - 45% retention of typical urban annual load - Litter - 70% reduction of typical urban annual load

To promote the use of water sensitive urban design, including storm water re-use.

To mitigate the detrimental effect of development on downstream waterways, by the application of best practice storm water management through water sensitive urban design for new development.

To minimise peak storm water flows and storm water pollutants to improve the health of water bodies, including creeks, rivers and bays. To reintegrate urban water into the landscape to facilitate a range of benefits including microclimate cooling, local habitat and provision of attractive spaces for community use and well being

This clause then details policy requirements, which are addressed below in the "Planning Merits" section of this report.

22.17 Environmentally Sustainable Development

This includes:

This policy applies throughout the City of Van-a to residential and non-residential development that requires a planning permit in accordance with the thresholds in Table 1 of this Policy


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This policy builds on and implements the sustainability objectives and strategies expressed in Clause 21.07 of the MSS relating to sustainable design and development.

The City of Yarra is committed to creating an environmentally sustainable, economically sound and socially inclusive city. Critical to achieving this commitment is for development to meet appropriate environmental design standards.

This policy provides a framework for early consideration of environmental sustainability at the building design stage in order to achieve the following efficiencies and benefits:

Easier compliance with building requirements through passive design; Reduction of costs over the life of the building; Improved affordability over the longer term through reduced running costs; Improved amenity and liveability; More environmentally sustainable urban form; and Integrated water management.

If environmentally sustainable design is not considered at the time of planning approval, the ability to achieve environmentally sustainable development may be compromised by the time these matters are considered as part of a building approval. In addition, there may be difficulties or extra costs associated with retro-fitting the development to implement environmentally sustainable design principles.

This policy does not prescribe performance outcomes. The policy enables the provision of information and provides decision guidelines which will assist in the assessment of whether development meets environmentally sustainable development objectives.

This policy complements a range of non-statutory measures aimed at encouraging environmentally sustainable development.

These measures include educating residents and applicants, assisting applicants to use Environmentally Sustainable Development (ESD) tools, leading by example with Council projects, promotion of exemplary private projects and promotion of use of materials with favourable life cycle impacts.

22.17-2 Objectives

The overarching objective is that development should achieve best practice in environmentally sustainable development from the design stage through to construction and operation.

In the context of this policy best practice is defined as a combination of commercially proven techniques, methodologies and systems, appropriate to the scale of development and site specific opportunities and constraints, which are demonstrated and locally available and have already led to optimum ESD outcomes. Best practice in the built environment encompasses the full life of the build.

It is a policy to encourage innovative technology, design and processes in all development, which positively influence the sustainability of buildings.

The following objectives should be satisfied where applicable:

Energy performance

• To improve the efficient use of energy, by ensuring development demonstrates design potential for ESD initiatives at the planning stage.

• To reduce total operating greenhouse gas emissions. • To reduce energy peak demand through particular design measures (eg. appropriate building orientation, shading to

glazed surfaces, optimise glazing to exposed surfaces, space allocation for solar panels and external heating and cooling systems).

Water resources

• To improve water efficiency. • To reduce total operating potable water use. • To encourage the collection and reuse of storm water. • To encourage the appropriate use of alternative water sources (eg. greywater).

Indoor Environment Quality

• To achieve a healthy indoor environment quality for the wellbeing of building occupants, including the provision of fresh air intake, cross ventilation, and natural daylight.

• To achieve thermal comfort levels with minimised need for mechanical heating, ventilation and cooling. • To reduce indoor air pollutants by encouraging use of materials with low toxic chemicals. • To reduce reliance on mechanical heating, ventilation, cooling and lighting systems. • To minimise noise levels and noise transfer within and between buildings and associated external areas.

Storm water Management

• To reduce the impact of stormwater run-off. • To improve the water quality of stormwater run-off • To achieve best practice stormwater quality outcomes. • To incorporate the use of water sensitive urban design, including stormwater re-use.

Transport

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•

Urban Context report 637-639 Nicholson Street Carton North

To ensure that the built environment is designed to promote the use of walking, cycling and public transport, in that order. To minimise car dependency. To promote the use of low emissions vehicle technologies and supporting infrastructure.

Waste management

To promote waste avoidance, reuse and recycling during the design, construction and operation stages of development. To ensure durability and long term reusability of building materials. To ensure sufficient space is allocated for future change in waste management needs, including (where possible) composting and green waste facilities.

Urban Ecology

• To protect and enhance biodiversity within the municipality. • To provide environmentally sustainable landscapes and natural habitats and minimise the urban heat island effect. • To encourage the retention of significant trees. • To encourage the planting of indigenous vegetation. • To encourage the provision of space for productive gardens, particularly in larger residential developments.

This clause then details specific policy requirements, which are set out and addressed below in the below "Planning Merits" section of this report.

The Merits of the Proposal

The main issues to be determined are whether the proposal will achieve satisfactory outcomes in terms of matters in the headings below.

Does the proposal respond appropriately to the relevant planning provisions that apply to the land, meet the objectives of Clause 58, respond to any relevant housing. urban design and landscape Dian, strateay or policy set out in the Yarra Planning Scheme and derive from and respond to this urban context report?

This section deals with a requirement under Clause 58 for a Design response to explain how the proposal satisfies its requirements.

As previously mentioned in the introduction to this report, the proposed design:

Responds to "any relevant planning provision that applies to the land" as it involves a multi-level commercial and residential development in the Nicholson Village Neighbourhood Activity Centre; will be respectful of the historic nature of the existing shop buildings on both its own site and nearby; provide an appropriate amount of on-site car parking supported by a Traffic Impact Assessment; and provide significantly more on-site bicycle parking than required by Clause 52.34;

• Meets the objectives of Clause 58 - as set out in detail in this report; and • Responds to "any relevant housing, urban design and landscape plan, strategy or policy"

in the Yarra Planning Scheme — as well as approopriately responding to the various state policies and the five relevant local policies.

These issues are further expanded upon below:

Is the proposal appropriate in terms of relevant state policy, the Municipal Strategic Statement. local policy and the Commercial 1 Zone?

The proposal satisfies the following Clauses:

• 11.03-1S Activity centres, which encourages "the concentration of major retail, residential, commercial, administrative, entertainment and cultural developments into activity centres that are highly accessible to the community". It also includes the strategies, "Encourage a diversity of housing types at higher densities in and around activity centres", and "Support the continued growth and diversification of activity centres to give communities access to a wide range of goods and services, provide local

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employment and support local economies". The proposal will achieve this objective by providing new commercial and residential floor area in an activity centre.

• 15.01-1S Urban design, 15.01-2S Building design and 15.01-5S Neighbourhood character — by satisfying the requirements of Clauses 34.01 Commercial 1 Zone, 52.06 Car parking, 58 Apartment Developments and the various relevant local policies (below).

• 15.02-1S Energy and resource efficiency — by providing a development that will be as energy efficient as possible given the various constraints upon the site. Please refer to the Sustainable Management Plan.

• 15.03-1S Heritage conservation — by retaining the more visible portions of the existing heritage fabric and providing new buildings and works in a manner that is sympathetic to the heritage place. This is fully addressed in the Heritage Impact Statement.

• 16.01-1S Integrated housing, 16.01-2R Housing opportunity areas - Metropolitan Melbourne, and 16.01-2S Location of residential development, 16.01-3S Housing diversity and 16.01-4S Housing affordability — by providing new housing in a Neighbourhood Activity Centre, adjoining both public transport and other community and public facilities.

17.02-1S Business — by providing new commercial floor area in a Commercial 1 Zone.

18.02-1S Sustainable personal transport — by providing bicycle parking in excess of the requirements of Clause 52.34 and by being highly accessible by foot and public transport.

18.02-3S Road system - by not proposing direct vehicle access to Nicholson Street, and in fact removing the existing crossover from this road in a Road Zone Category 1.

18.02-4S Car parking — by being well located in relation to public transport and the activity centre, and by providing (reduced) on-site parking in accordance with Clause 52.06.

• 21.04 Land Use/21.04-1 Accommodation and housing, 21.05 Built Form/21.05-2 Urban design, 21.07 Environmental Sustainability and 21.08 Neighbourhoods. The proposal will help to achieve the outcomes sought by these clauses, in providing for housing diversity and an increase in population density in the Nicholson Village Neighbourhood Activity Centre and satisfying all relevant local policies at Clause 22.

22.02 Development Guidelines for sites subject to the Heritage Overlay. This is also addressed in the in the Heritage Impact Statement, which concludes:

... the proposed development achieves an appropriate balance of outcomes in terms of the retention of heritage fabric, the more intensive use of the site and the height and character of the new built form. The setbacks to the upper levels will reduce the apparent dominance of the new building volume and place architectural emphasis on the retained shops in views from Nicholson Street. While the works will result in a substantial degree of change to the site, this change will not adversely affect the significance of the heritage place. The scheme has been designed with appropriate regard for relevant Council policy and heritage considerations more generally.

22.05 Interface Uses Policy. The following is an assessment of the proposal against the requirements of this policy:

Policy requirement Response

22.05-3 Policy

It is policy that:

• New residendal use and development in or near commercial centres and activity centres

There is no (major) industry near the site.

The dwellings themselves will be designed to minimise noise impacts by being located above

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and near industrial uses includes design features and measures to minimise the impact of the normal operation of business and industrial activities on the reasonable expectation of amenity within the dwellings.

. ...

ground level and having solid walls, windows and/or screens.

22.05-4 Guidelines

22.05-4.1 Dwelling Design

• New residential development located in Mixed Use, Business Zones, or in a Residential 1 Zone within 30 metres of a Business or Industrial Zone or 30 metres of an existing industrial or business use, is to be designed to:

o Incorporate appropriate measures to protect the residents from unreasonable noise, fumes, vibration, light spillage and other likely disturbances.

o Locate noise-sensitive rooms (in particular, bedrooms) and private open space away from existing and potential noise sources, and where appropriate incorporate other measures such as acoustic fencing, landscaping and setbacks.

o Incorporate appropriate measures to minimise the effects of fumes or air emissions from nearby business or industrial operations upon those living in the dwellings, including through the orientation of windows and ventilation systems.

o Minimise the potential for views from existing business or industrial premises to habitable room windows and private open space areas, through the use of appropriate siting, setbacks, articulation and screens.

22.05-4.4 Construction Management

• All developments are to ensure that construction times, storage and disposal methods minimise disruption to nearby residential and business uses.

This can be addressed by a permit condition.

The proposal therefore satisfies this policy.

• 22.07 Development Abutting Laneways. The following is an assessment of the proposal against the requirements of this policy:


22.07-3 Policy

It is policy that:

• Where vehicular movement in the laneway is expected to cause a material traffic impact, a traffic impact assessment report be provided to demonstrate that the laneway can safely accommodate the increased traffic.

The laneway is of adequate dimensions and construction to suitably accommodate all traffic associated with the proposal.

Please refer to the Traffic Impact Assessment.

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• Where alternative street frontage is available, pedestrian access from the street be provided.

Primary pedestrian access to the site will be provided from Nicholson Street.

• Pedestrian entries be separate from vehicle entries.

• Pedestrian entries be well lit to foster a sense of safety and address to a development. Existing lights may need to be realigned, or have brackets or shields attached or additional lighting may be required.

• Lighting be designed to avoid light spill into adjacent private open space and habitable rooms.

The only possible light-spill from the proposed development would be in relation to the existing dwellings on the west side of the laneway.

However all proposed (upper levels only) windows facing in that direction will be separated from the (lower) adjoining dwellings by balconies with solid 1.7m high barriers.

Any light-spill from ground level will be prevented by the sold fencing of the dwellings west of the lane.

• vehicle access be provided to ensure ingress and egress does not require multiple vehicular movements.

NA

• Windows and balconies overlook laneways but do not unreasonably overlook private open space or habitable rooms on the opposite side of the laneway.

Unreasonable overlooking will be prevented by screening the proposed balconies.

• Development respect the scale of the surrounding built form

This issue is addressed elsewhere in this report.

. Development not obstruct existing access to other properties in the laneway.

The development will not obstruct existing access to other properties in the laneway.

• Doors to car storage areas (garages) not protrude into the laneway.

Car parking doors will not protrude into the laneway

• The laneway not be used for refuse storage. Refuse storage will be contained within the site.

• All laneway upgradings which provide improved access to the development be funded by the developer.

Any required upgrading of the laneway reasonably arising from the development would be expected to be carried out by the permit holder.

• The laneway meet emergency services access requirements.

The laneway is at least 3m wide, which is the standard width of a wider inner suburban laneway.

While this would not necessarily meet all emergency vehicle requirements, the laneway will not be the proposal's primary address (which will be Nicholson Street).


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• 22.16 Stormwater Management (Water Sensitive Urban Design). The following is an assessment of the proposal against the requirements of this policy:

Policy requirement How the proposal responds

• Require that development applications provide for the achievement of the best practice performance objectives for suspended solids, total phosphorus and total nitrogen, as set out in the Urban Stormwater Best Practice Environmental Management Guidelines, CSIRO 1999 (or as amended)

Please refer to the Sustainable Management Plan.

• Require the use of stormwater treatment measures that improve the quality and reduce the flow of water discharged to waterways. This can include but is not limited to:

o collection and reuse of rainwater and storm water on site

o vegetated swales and buffer strips

o rain gardens

o installation of water recycling systems

o multiple uses of water within a single manufacturing site

o direction of flow from impervious ground surfaces to landscaped areas.

• Encourage the use of measures to prevent litter being carried off-site in storm water flows, including:

o appropriately designed waste enclosures and storage bins, and

o the use of litter traps for developments with the potential to generate significant amounts of litter.

The proposal includes "appropriately designed" waste enclosures and storage bins.

Please refer to the Waste Management Plan.

• Encourage the use of green roofs, walls and facades on buildings where practicable (to be irrigated with raihwater/stomiwater) to enhance the role of vegetation on buildings in managing the quality and quantity of storm water.

The proposal does not incude a green roof or the like, however the Sustainable Management Plan indicates that this is appropriate .


• 22.17 Environmentally Sustainable Development. The following is an assessment of the proposal against the requirements of this policy:


22.17-3 Policy Please refer to the Sustainable It is policy that applications for the types of Management Plan, which appropriately development listed in Table I be accompanied by (given the number of dwellings) information which demonstrates how relevant policy objectives will be achieved.

incorporates BESS and STORM assessments.

It is policy that applications for larger non-residential developments (as specified in Table 1) be accompanied by a Green Travel Plan.

22.17-4 Application Requirements

An application must be accompanied by either a Sustainable Design Assessment or a Sustainability

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Management Plan as specified in Table 1, as appropriate.

A Sustainable Design Assessment will usually not need to be prepared by a suitably qualified professional. It should:

• provide a simple assessment of the development. It may use relevant tools from the examples listed in the table or an alternative assessment approach to the satisfaction of the responsible authority; and

• identify environmentally sustainable development measures proposed in response to policy objectives, having regard to the site's opportunities and constraints.

A Sustainability Management Plan should:

• provide a detailed assessment of the development. It may use relevant tools from the examples listed in the table or an alternative assessment approach to the satisfaction of the responsible authority; and

• identify achievable environmental performance outcomes having regard to the objectives of this policy (as appropriate); and

• demonstrate that the building has the design potential to achieve the relevant environmental performance outcomes, having regard to the site's opportunities and constraints; and

• document the means by which the performance outcomes can be achieved.

Various assessment tools have been listed in Table 1 which may be used to assess how the proposed development addresses the objectives of this policy, as appropriate.

Table 1 - ESD AppllutIon Repoli...manta

Type or nit ...pment ApcIn .390, r •guffemrnts F . am,. 1001;

Aeuanaterlabanfallaed Use with emoawileM oa•amosent BE

• 2. 9 Meetings. or

• Densolanent or a DIMON for accorrenooallon arms awn Swear% BOB! a gross 990r area Haller 100r2 Cran 1000re2

Sustainable Design ri ASsaMme ISGA)

BESS

STORM

• Derelopnvant of 10 ot =re dating,

• DeVelOprIlEr11 of a binning tia accomnodauon other Man demands mei a prom kw area or mom ran 100Orn•

Salaam:14 Managernont Plan (SW

BESS

Green Slat

MUSIC

STORM

Plonmesadmaial

• Denbereens or a nuntesdenbal WON wit a gross Soot area betWitrl 100m• and 1000M

Stable Deign Amelenvent (SCA)

BEES

MUSIC

STORM

• Developmerd Cr a ron.le•denbail boadno OM a yam Moor area Cr nab than MCOM

Sustanatany Management Plan (SW)

Given Travel Plan (GTP)

Green Slat

BESS

MUSIC

STORM

Note I Development WI Table I) has the same merantng as In 00(00,1 J of rho P.n.s and two-mower" Act 1080. but door nor orrlude ,ubarsorioff To 714.01V env crook development al. mrlreder alwanonv and addrnonv the It 01 alveranont and addlnonv. Me retsreerneno grrhe Polk, apply only to the alreranont and addloonz

Mom! Arena Co. developments are 'nulled ro pros 4.4 do. mfr....anon appliratvle to each use component of the development

22.17-5 Decision Guidelines

In determining an application, the responsible authority will consider as appropriate:

• The extent to which the development meets the objectives and requirements of this policy from the design stage through to construction and operation.


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• Whether the proposed environmentally sustainable development performance standards are functional and effective to minimise environmental impact.

• Whether the proposed environmentally sustainable development initiatives are reasonable having regard to the type and scale of the development and any site constraints.

• Whether an appropriate assessment method has been used.

• Whether an ESD plan or framework has previously been approved by the responsible authority (whether under a planning control or otherwise).

• 34.01 Commercial 1 Zone, which includes in its Purpose, "To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses" and "To provide for residential uses at densities complementary to the role and scale of the commercial centre".

The proposal will achieve this by involving a multi-level mixed-use building containing commercial and residential uses (both of which do not require a permit under the C1Z) on a well-located site with excellent access to public transport and other facilities.

• 43.01 Heritage Overlay. This is also addressed by the Heritage Impact Statement.

• 52.06 Car parking and 52.34 Bicycle facilities. These clauses are both addressed in the Traffic Impact Assessment, which concludes:

The analysis of the development is summarised as follows:

• The Applicant is proposing 22 on-site parking spaces and is seeking a reduction of 2 spaces against the requirements of the Planning Scheme. The parking reduction relates to the provision of 2 office parking spaces, which is appropriate as the site is proximate to public transport and has good connection to pedestrian and bicycle facilities.

• The site access and parking space design is considered satisfactory. • The Applicant is proposing 18 bicycle parking spaces which exceeds the requirements of the Planning

Scheme.

The proposed development is appropriate from a traffic engineering perspective.

• 58 Apartment Developments. This is addressed immediately below.

Is the pr000sal appropriate in terms of Clause 58 Apartment development?

The assessment of the proposed development against Clause 58 is in the below table:

Requirement Response

58.02 URBAN CONTEXT

58.02-1 Urban context objectives The appropriateness of the proposal as a To ensure that the design responds to the existing urban context response to the urban context is extensively or contributes to the preferred future development of the area. discussed above. To ensure that development responds to the features of the site and the surrounding area.

Standard III

The design response must be appropriate to the urban context and the site.

The proposed design must respect the existing or preferred urban context and respond to the features of the site.

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58.02-2 Residential policy objectives

To ensure that residential development is provided in accordance with any policy for housing in the Municipal Planning Strategy and the Planning Policy Framework.

To support higher density residential development where development can take advantage of public and community infrastructure and services.

Standard D2

An application must be accompanied by a written statement to the satisfaction of the responsible authority that describes how the development is consistent with any relevant policy for housing in the Municipal Planning Strategy and the Planning Policy Framework.

The proposal's strategic appropriateness is set out above.

58.02-3 Dwelling diversity objective

To encourage a range of dwelling sizes and types In developments of ten or more dwellings.

Standard D3

Developments of ten or more dwellings should provide a range of dwelling sizes and types, including dwellings with a different number of bedrooms.

This standard does not apply due to the number of dwellings proposed. Each dwelling will have two bedrooms.

There will be a small range of dwelling layouts.

58.02-4 Infrastructure objectives

To ensure development is provided with appropriate utility services and infrastructure.

To ensure development does not unreasonably overload the capacity of utility services and infrastructure.

Standard D4

Development should be connected to reticulated services, including reticulated sewerage, drainage, electricity and gas, If available.

Development should not unreasonably exceed the capacity of utility services and infrastructure, including reticulated services and roads.

In areas where utility services or infrastructure have little or no spare capacity, developments should provide for the upgrading of or mitigation of the impact on services or infrastructure.

The site is in a fully uban context; all reticulated infrastructure is available.

58.02-5 Integration with the street objective

To integrate the layout of development with the street.

Standard 05

Developments should provide adequate vehicle and pedestrian links that maintain or enhance local accessibility,

Development should be oriented to front existing and proposed streets.

High fencing in front of dwellings should be avoided If practicable.

Development next to existing public open space should be laid out to complement the open space.

As well as the provision of active frontages at ground floor, various windows and balconies will integrate the development with Nicholson Street (balconies facing the rear lane will instead have screening measures to protect neighbouring privacy).

The removal of the crossover to Nicholson Street will also assist in "reintegrating" this part of the frontage into the streetsca pe.

58.03 SITE LAYOUT

58.03-1 Energy efficiency objectives

To achieve and protect energy efficient dwellings and buildings.

To ensure the orientation and layout of development reduce fossil fuel energy use and make appropriate use of daylight and solar energy.

To ensure dwellings achieve adequate thermal efficiency.

Standard D6

Buildings should be:

• Oriented to make appropriate use of solar energy.


27 I Pd g


• Sited and designed to ensure that the energy efficiency of existing dwellings on adjoining lots is not unreasonably reduced.

Living areas and private open space should be located on the north side of the development, if practicable.

Developments should be designed so that solar access to north-facing windows is optimised.

Dwellings located in a climate zone identified in Table 01 should not exceed the maximum NatHERS annual cooling load specified in the following table.

Table of Cooling load

Geer on 21 Peeltenene 20

Omens zone 22 E. Sale 22

caw M*21 WOWS ea

Chines zone ea Tolernionne 22 Cane* zone 82 kennel* 21

Go** cone 03 Warm..new 21

Cl,,..,, tone 44 Cl.. GeeY 12

Gnaw zone ee beam 23

1:w 2,4r.....Uv/.2AVawlsw. *inr...1r/kafel.Wmp.•lev Inhstr Irnompartr ✓‘Drpontami a/ r aal Ammo.. 'wow.

58.03-2 Communal open space objective

To ensure that communal open space is accessible, practical, attractive, easily maintained and integrated with the layout of the development.

Standard D7

Developments with 40 or more dwellings should provide a minimum area of communal open space of 2.5 square metres per dwelling or 250 square metres, which ever is lesser.

Communal open space should:

• Be located to:

o Provide passive surveillance opportunities, where appropriate.

o Provide outlook for as many dwellings as practicable.

o Avoid overlooking into habitable rooms and private open space of new dwellings.

0 Minimise noise impacts to new and existing dwellings.

• Be designed to protect any natural features on the site.

• Maximise landscaping opportunities.

• Be accessible, useable and capable of efficient management.

While this standard does not formally apply given the proposed number of dwellings, a shared deck (with access from other floors via the lift and stairs) will be provided at roof level.

The location of this deck towards Nicholson Street will minimise impacts on the privacy of the dwellings in the opposite direction.

This is an appropriate location given that the deck would also enjoy good views and solar access.

58.03-3 Solar access to communal outdoor open space objective

To allow solar access into communal outdoor open space.

Standard 08

The communal outdoor open space should be located on the north side of a building, if appropriate.

At least 50 per cent or 125 square metres, whichever is the lesser, of the primary communal outdoor open space should receive a minimum of two hours of sunlight between 9am and 3pm on 21 June

58.03-4 Safety objective

To ensure the layout of development provides for the safety and security of residents and property.

Standard D9

Entrances to dwellings should not be obscured or isolated from the street and internal accessways.

Planting which creates unsafe spaces along streets and accessways should be avoided.

The proposed balconies and windows will provide a high level of passive surveillance of Nicholson Street in particular.

This will be less so for the lane. However, there is also a need to protect the privacy of the dwellings west of the lane.

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Developments should be designed to provide good lighting, visibility and surveillance of car parks and internal accessways.

Private spaces within developments should be protected from inappropriate use as public thoroughfares.

The layout of the development will avoid both unsafe spaces and any inappropriate use as a public thoroughfare.

58.03-5 Landscaping objectives

To encourage development that respects the landscape character of the area.

To encourage development that maintains and enhances habitat for plants and animals in locations of habitat importance.

To provide appropriate landscaping.

To encourage the retention of mature vegetation on the site.

To promote climate responsive landscape design and water management in developments that support thermal comfort and reduces the urban heat island effect.

Standard D10

The landscape layout and design should:

• Be responsive to the site context.

• Protect any predominant landscape features of the area.

• Take into account the soil type and drainage patterns of the site and integrate planting and water management.

• Allow for intended vegetation growth and structural protection of buildings. In locations of habitat importance, maintain existing habitat and provide for new habitat for plants and animals.

• Provide a safe, attractive and functional environment for residents.

• Consider landscaping opportunities to reduce heat absorption such as green walls, green roofs and roof top gardens and Improve on-site storm water infiltration.

• Maximise deep soil areas for planting of canopy trees.

Development should provide for the retention or planting of trees, where these are part of the urban context.

Development should provide for the replacement of any significant trees that have been removed in the 12 months prior to the application being made.

The landscape design should specify landscape themes, vegetation (location and species), paving and lighting. Development should provide the deep soil areas and canopy trees specified in Table D2.

If the development cannot provide the deep soil areas and canopy trees specified In Table 02, an equivalent canopy cover should be achieved by providing either:

• Canopy trees or climbers (over a pergola) with planter pits sized appropriately for the mature tree soil volume requirements.

• Vegetated planters, green roofs or green facades.

Table D2 Deep soil areas and canopy trees

No landscaping will be provided (the "urban" nature of the proposal, with its 100% site coverage does not warrant landscaping).

750 • 1000 5% Of SIM Imre 1 small bee 160 000.10 per 30 gyre f100000 %Pula mean (amoral drnenson CI O 01009 sod

rnelasi

10C1 • MO 7 5% 01 ale V. • romPum Pee IS 12 0 e0001 pa 50 Spare footle. Of deep $01 square metres ,nsnerson dwnempon of 3

maw) 0 1 •pp tree per BO Seuere metres of Peep sot

1501 . 2000 spore 111% of Ma spa I law tom (M War • 2 metres) pa 93 Mare MIMS metres of deep eat (tantalum caneason of 0

man./ or

2 merlon, trees per BO pule metes 01 deep slit

.2500 15% of Ms ares , Nsiga Pee (e1 Waal ,2 metes) p190 ..q...e mares deep soil Mae Mares (Mama & warm Of 6 a

0001st)

2 medium Ines cor 90 10.19.9999 re 09.0 mod

Aar e ear a. aurae rwrrar on- ow, Sown, rem be wawa em a lb I prow M. mao spror so>r, wffitnoodoe.2 r dunv the nwelfrmeroa 'err./ the sommoone, dor v../ nyow o N.ry 14,10e 5rtv

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58.03-6 Access objective

To ensure the number and design of vehicle crossovers respects the urban context.

Standard D11

The width of accessways or car spaces should not exceed:

• 33 per cent of the street frontage, or if the width of the street frontage is less than 20 metres, 40 per cent of the street frontage.

• No more than one single-width crossover should be provided for each dwelling fronting a street.

The location of crossovers should maximise the retention of on- street car parking spaces.

The number of access points to a road in a Road Zone should be minimised.

Developments must provide for access for service, emergency and delivery vehicles.

22 parking spaces are provided on-site including car stackers.

Vehicle access will be from the rear lane only.

The existing crossover on Nicholson Street will be removed which will in turn allow for an additional on-street car space.

All car parking will be internal to the building and not visible from the public domain.

_ tmergency service vehicles will be able to access the site from Nicholson Street.

58.03-7 Parking location objectives

To provide convenient parking for resident and visitor vehicles.

To protect residents from vehicular noise within developments.

Standard 012

• Car parking facilities should:

• Be reasonably close and convenient to dwellings.

• Be secure.

• Be well ventilated if enclosed.

Shared accessways or car parks of other dwellings should be located at least 1.5 metres from the windows of habitable rooms. This setback may be reduced to 1 metre where there is a fence at least 1.5 metres high or where window sills are at least 1.4 metres above the accessway.

All parking will be located in a secure area separate to the dwellings.

Car parking will be directly accessible to all dwellings via the lift and stairs.

There will be no shared accessway or car parks of other dwellings located within at least 1.5m of any habitable room window.

58.03-8 Integrated water and stormwater management objectives

To encourage the use of alternative water sources such as rainwater, stormwater and recycled water.

To facilitate stormwater collection, utilisation and infiltration within the development.

To encourage development that reduces the impact of stormwater run-off on the drainage system and filters sediment and waste from stormwater prior to discharge from the site.

Standard D13

Buildings should be designed to collect rainwater for non-drinking purposes such as flushing toilets, laundry appliances and garden use.

Buildings should be connected to a non-potable dual pipe reticulated water supply, where available from the water authority.

The stormwater management system should be:

• Designed to meet the current best practice performance objectives for stormwater quality as contained in the Urban Storm water - Best Practice Environmental Management Guidelines (Victorian Storm water Committee 1999) as amended.

• Designed to maximise infiltration of storrnwater, water and drainage of residual flows into permeable surfaces, tree pits and treatment areas.


58.04 AMENITY IMPACTS

58.04-1 Building setback objectives The proposed building will abut both Nicholson Street and the rear lane, however it will be setback from both streets (from

30 I


To ensure the setback of a building from a boundary appropriately responds to the existing urban context or contributes to the preferred future development of the area

Nicholson Street to respect the existing buildings to be retained and the

To allow adequate daylight into new dwellings. streetscape, and from the lane, with a receding wall, to protect adjoining dwellings

To limit views into habitable room windows and private open space of new and existing dwellings. to the west from unreasonable amenity

impacts). To provide a reasonable outlook from new dwellings.

To ensure the building setbacks provide appropriate internal The maximum height of the building will be amenity to meet the needs of residents. 24.5m above natural ground level (NGL), Standard 014 with only a small lift overrun above this.

The built form of the development must respect the existing or preferred urban context and respond to the features of the site. The proposed upper level walls of the Buildings should be set back from side and rear boundaries, and other buildings within the site to:

building will abut both side boundaries, except for a lightcourt on each side.

• Ensure adequate daylight into new habitable room windows.

• Avoid direct views into habitable room windows and private open space of new and existing dwellings.

• Developments should avoid relying on screening to reduce views.

• Provide an outlook from dwellings that creates a reasonable visual connection to the external environment.

• Ensure the dwellings are designed to meet the objectives of Clause 58.

58.04-2 Internal views objective The layout of the proposal will achieve To limit views into the private open space and habitable room windows of dwellings within a development.

compliance with this Objective.

Standard 015

Windows and balconies should be designed to prevent overlooking of more than 50 per cent of the private open space of a lower-level dwelling directly below and within the same development.

58.04-3 Noise impacts objectives Noise arising from the proposal will be To contain noise sources in developments that may affect commensurate with its activity centre existing dwellings. environment. To protect residents from external and internal noise sources.

Standard 016 Mechanical plant will be separated from

Noise sources, such as mechanical plants should not be located near bedrooms of immediately adjacent existing dwellings.

existing adjacent dwellings.

The layout of new dwellings and buildings should minimise noise There are no railways or (major) industry transmission within the site. near the site. While it is a main road, Noise sensitive rooms (such as living areas and bedrooms) should be located to avoid noise impacts from mechanical plants, lifts, building services, non-residential uses, car parking, communal areas and other dwellings.

New dwellings should be designed and constructed to include

Nicholson Street is certainly not a freeway.

The dwellings themselves will be designed to minimise noise impacts by being located

acoustic attenuation measures to reduce noise levels from off- site noise sources.

above ground level and having solid walls, windows and/or screens.

Buildings within a noise influence area specified in Table D3 should be designed and constructed to achieve the following noise levels:

• Not greater than 35dB(A) for bedrooms, assessed as an LAeq,8h from 10pm to 6am.

• Not greater than 40dB(A) for living areas, assessed LAeq,16h from 6am to 10pm.

Buildings, or part of a building screened from a noise source by an existing solid structure, or the natural topography of the land, do not need to meet the specified noise level requirements.

Noise levels should be assessed in unfurnished rooms with a finished floor and the windows closed.

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Table D3 Noise influence area

NprSC scan,. 8.50 influence are.,

Zone Interfau

Industry 300 metres from the Inclusteal 1 2 and 3 zone boundary

Road.

Freeways. tollArays 4100 abler roads Carryng 40.000 300 metres from the noaresl traf/icbre We Annual Average Golly fratlic Volume

Railways

Railway AenAcing passengers In VArtona 80 melsee from the Ceritre of the nearest track

Railway sendcIng freight outside Metropolitan • 80 metes horn the mitre of the nearest track Meltxwme

Rahway servong 1,001 fl Melnapolitan Melbourne 1 136 metres from the comma of the neared Mica

,km. The moue wpAbentr am JA././ be ovarurraiffuw the nil...wpm/4,4e bulav In mane sun..

58.05 ON-SITE AMENITY AND FACILITIES

58.05-1 Accessibility objective

To ensure the design of dwellings meets the needs of people with limited mobility.

Standard D17

At least 50 per cent of dwellings should have:

• A clear opening width of at least 850mm at the entrance to the dwelling and main bedroom.

• A clear path with a minimum width of 1.2 metres that connects the dwelling entrance to the main bedroom, an adaptable bathroom and the living area.

• A main bedroom with access to an adaptable bathroom.

• At least one adaptable bathroom that meets all of the requirements of either Design A or Design B specified in Table D4.

Table D4 Bathroom design

All dwelling entry and bathroom/ensuite doors will be 850mm wide; all bathroom & ensuite showers will be hobless (step free).

Door opening A dear Sedinni wide door operbei. A clear 820mm mile Caw owing located =Mae the showier

Door design Either Blew

. A sede door. or . A Ode door. or

. A door that opens outwore*, or . A doer that 0000. Ooneagdl. or

• A door that opera nweids that is deer • A Wog that open. Inwards and has of t• anzeilean bee end hes meaty remIlly nirnovable hinges. removable (ropes.

Urodebdn A dear °Jacobean area that la. A dear orculatban area that is urea

. A roweinom wee of 1.2 metres by 1.2 . A mailroom width ot 1 metre. mean

. In. MI WW1 011Iia bathroom and • • Located in front of be shower and the narentorn Web of 2.7 metres

lode . Peer of the toilet and lbw.

• CI.. 0N13 W.*. 1,"..111d tht116,. The cintolatto wee Can include a shower winnp

The OndlallOn Bras for the toile and shower can ovadap

Path to A Pear peel bet a minexim width of not appal:Me etretation 900nvn eon the door evening to the area raculabon ova.

Snoare• A hotness (step-free) shiny. A hatless bleo-inse) showet that has is removable shower screen and a located on the Whin! wall Awn the door opearg.

10.101 A toilet Waled in the Carnal' 010* town A Wet loCalad cloacae to Ma door opening and Mat o I the Mul•lon area

58.05-2 Building entry and circulation objectives

To provide each dwelling and building with its own sense of identity.

To ensure the internal layout of buildings provide for the safe, functional and efficient movement of residentc.

To ensure internal communal areas provide adequate access to daylight and natural ventilation.

Standard D18

Entries to dwellings and buildings should:

• Be visible and easily identifiable.

• Provide shelter, a sense of personal address and a transitional space around the entry.

• The layout and design of buildings should:

The main entry to the residential component of the development will be at ground level, from both Nicholson Street and the rear lane.

A lift will connect all floors of the building.

Each dwelling will have its own door to a corridor, making its entry easily identifiable.

While dwellings and offices will share a common entry from Nicholson Street, this is a typical multi-level situation, with each use to be on different floors.

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o Clearly distinguish entrances to residential and non-residential areas.

o Provide windows to building entrances and lift areas.

o Provide visible, safe and attractive stairs from the entry level to encourage use by residents.

• Provide common areas and corridors that:

o Include at least one source of natural light and natural ventilation.

o Avoid obstruction from building services.

o Maintain clear sight lines.

The main entry will have windows (at front), stairs will be provided.

Common areas and corridors will have at least one source of natural light/ventilation, avoid obstruction from building services and maintain clear sight lines.

58.05-3 Private open space objective

To provide adequate private open space for the reasonable recreation and service needs of residents.

Standard 019

A dwelling should have private open space consisting of:

• An area of 25 square metres, with a minimum dimension of 3 metres at natural ground floor level and convenient access from a living room, or

• An area of 15 square metres, with a minimum dimension of 3 metres at a podium or other similar base and convenient access from a living room, or

• A balcony with an area and dimensions specified in Table 05 and convenient access from a living room, or

• A roof-top area of 10 square metres with a minimum dimension of 2 metres and convenient access from a living room.

If a cooling or heating unit is located on a balcony, the balcony should provide an additional area of 1.5 square metres.

Table 05 Balcony size

Each dwelling will have private open space in the form of an at least 2m wide, 8sqm balcony with convenient access from a living room.

Most balconies will be much larger than this with up to 36sqm of balcony space for dwelling 7.

Dwellings 7 and 8 will also have acces to a roof deck.

Uwelling typo Minimum area

5tudo or , bedroom dwelling 8 square metres r 8 metres

2 bedroom dwelling 8 square metres 2 metres

3 or more bedroom dwelling 12 square mean 2 4 metres

58.05-4 Storage objective

To provide adequate storage facilities for each dwelling.

Standard 020

Each dwelling should have convenient access to usable and secure storage space.

The total minimum storage space (including kitchen, bathroom and bedroom storage) should meet the requirements specified in Table 06.

Table D6 Storage

Residential storage will be provided in accordance with Table D6.

Each dwelling will have a minimum of 14 cubic meters of storage including 9 cubic meters in the dwelling itself.

All bedrooms will have a minimum of 1.8m of robe length for the main bedroom and 1.5m for all other bedrooms for clothes storage.

Dwelling type

Studio

1 bedroom dwelling

2 bedroom dwelling

3 or more bedroom dwelling

Total minimum storage volume Minimum storage volume within the dwelling

8 Cubic metres 5 cuNc mores

10 oak metres 6 (Ow meoes

14 coat metres 9 cubic moues

18 cubic metres 12 cubic moo es

58,06 DETAILED DESIGN

58.06-1 Common property objectives

To ensure that communal open space, car parking, access areas and site facilities are practical, attractive and easily maintained.

To avoid future management difficulties in areas of common ownership.

Standard D21

If the building were to be subdivided, common property would cover the pedestrian and vehicle access areas, parking, service areas and communal open space.

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Developments should clearly delineate public, communal and private areas. Common property, where provided, should be functional and capable of efficient management

As this will be a typical mixed-use, multi-level building, there is no reason to think it would cause future management difficulties.

58.06-2 Site services objectives

To ensure that site services can be installed and easily maintained. To ensure that site facilities are accessible, adequate and attractive.

Standard 022

The design and layout of dwellings should provide sufficient space (including easements where required) and facilities for services to be installed and maintained efficiently and economically.

Mailboxes and other site facilities should be adequate in size, durable, waterproof and blend in with the development.

Mailboxes should be provided and located for convenient access as required by Australia Post.

Mailboxes and utility meters will be conveniently located at the main entry.

58.06-3 Waste and recycling objectives

To ensure dwellings are designed to encourage waste recycling. To ensure that waste and recycling facilities are accessible, adequate and attractive. To ensure that waste and recycling facilities are designed and managed to minimise impacts on residential amenity, health and the public realm.

Standard D23

Developments should include dedicated areas for:

• Waste and recycling enclosures which are:

o Adequate in size, durable, waterproof and blend in with the development.

o Adequately ventilated.

o Located and designed for convenient access by residents and made easily accessible to people with limited mobility.

• Adequate facilities for bin washing. These areas should be adequately ventilated.

• Collection, separation and storage of waste and recyclables, including where appropriate opportunities for on-site management of food waste through composting or other waste recovery as appropriate.

• Collection, storage and reuse of garden waste, including opportunities for on-site treatment, where appropriate, or off-site removal for reprocessing.

• Adequate circulation to allow waste and recycling collection vehicles to enter and leave the site without reversing.

• Adequate internal storage space within each dwelling to enable the separation of waste, recyclables and food waste where appropriate.

Waste and recycling management facilities should be designed and managed in accordance with a Waste Management Plan approved by the responsible authority and:

• Be designed to meet the best practice waste and recycling management guidelines for residential development adopted by Sustainability Victoria.

• Protect public health and amenity of residents and adjoining premises from the impacts of odour, noise and hazards associated with waste collection vehicle movements.

Please refer to the Waste Management Plan.

58.07 INTERNAL AMENITY

58.07-1 Functional layout objective

To ensure dwellings provide functional areas that meet the needs of residents.

Standard D24

All dwellings will have adequate-sized bedrooms (the minimum bedroom dimension will be 3m) and living rooms (living areas will in excess of 10m or 12sqm,

Pacl i.


Bedrooms should:

• Meet the minimum internal room dimensions specified in Table 07.

• Provide an area in addition to the minimum internal room dimensions to accommodate a wardrobe.

Table D7 Bedroom dimensions

with minimum dimensions of 3.3m or 3.6m).

Please refer to the living and bedroom minimum envelopes on the submitted plans.

Man bedroom 3 metres

AI eater bedrooms 3 mean 3 manna

Living areas (excluding dining and kitchen areas) should meet the minimum internal room dimensions specified in Table D8.

Table D8 Living area dimensions

Studio and 1 bedroom dwelling 3.3 mares va .gin

2 or MOre bildnieen dewing 313 metres 12 up

58.07-2 Room depth objective

To allow adequate daylight into single aspect habitable rooms.

Standard 025

Single aspect habitable rooms should not exceed a room depth of 2.5 times the ceiling height.

The depth of a single aspect, open plan, habitable room may be increased to 9 metres if all the following requirements are met:

• The room combines the living area, dining area and kitchen.

• The kitchen is located furthest from the window.

• The ceiling height is at least 2.7 metres measured from finished floor level to finished ceiling level. This excludes where services are provided above the kitchen.

The room depth should be measured from the external surface of the habitable room window to the rear wall of the room.

Proposed typical floor to ceiling heights will be 2.7m, allowing a maximum room depth of 6.75m (being 2.5 times the ceiling height).

While the proposed single aspect habitable rooms will be deeper than this, they will be no more than 9m in depth, and (Level 3 only) will combine the living area, dining area and kitchen, with the kitchen located furthest from the window.

58.07-3 Windows objective

To allow adequate daylight into new habitable room windows.

Standard D26

Habitable rooms should have a window in an external wall of the building.

A window may provide daylight to a bedroom from a smaller secondary area within the bedroom where the window is dear to the sky.

The secondary area should be:

• A minimum width of 1.2 metres.

• A maximum depth of 1.5 times the width, measured from the external surface of the window.

Each dwelling will enjoy excellent natural light through its habitable rooms having windows opening onto the exterior of the building or a secondary area (a lightcourt on each side of the building) at least 2m wide.

58.07-4 Natural ventilation objectives

To encourage natural ventilation of dwellings.

To allow occupants to effectively manage natural ventilation of dwellings•

Standard D27

The design and layout of dwellings should maxim/Se openable windows, doors or other ventilation devices in external walls of the building, where appropriate.

At least 40 per cent of dwellings should provide effective cross ventilation that has:

• A maximum breeze path through the dwelling of 18 metres.

• A minimum breeze path through the dwelling of 5 metres.

• Ventilation openings with approximately the same area.

The design and layout of dwellings maximises openable windows, doors or other ventilation devices in external walls of the building.

At least 40 per cent of dwellings will provide effective cross ventilation with: a maximum breeze path through the dwelling of 18 metres; a minimum breeze path through the dwelling of 5 metres; and ventilation openings with approximately the same area.

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•

The breeze path is measured between the ventilation openings on different orientations of the dwelling.

Please refer to the Breeze Path diagrams on the submitted plans, which relate to 6 dwellings (at Level 3) of the 10 dwellings.


Conclusion

The application involves the construction of a multi-level building, including a shop, offices and 10 Dwellings, associated building demolition and reduction of the car parking requirements.

The site is in a Commercial 1 Zone, A Heritage Overlay and an Environmental Audit Overlay.

The proposed multi-level mixed-use development is acceptable for this part of Carlton North. It will provide excellent outcomes for both its occupants and the wider community without unreasonably affecting the amenity of adjoining land or the neighbourhood context.

The proposal is specifically responsive to Clauses 22.02 Development Guidelines for sites subject to the Heritage Overlay, 22.05 Interface Uses Policy, 22.07 Development Abutting Laneways, 22.16 Stormwater Management (Water Sensitive Urban Design), 22.17 Environmentally Sustainable Development, 34.01 Commercial 1 Zone, 43.01 Heritage Overlay, 52.06 Car parking, 52.34 Bicycle facilities, and 58 Apartment Developments.

The proposal represents an appropriate response to the planning provisions and physical opportunities and constraints affecting its site, and we look forward to a favourable outcome.

•

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Attachment 1: Details of response to Clause 58.01 Urban Context Report and pesign Response/58.01-1 Application requirements

Clause 58.01-1 Application requirements states:

An application must be accompanied by:

• An urban context report. • A design response

Clause 58.01-2 Urban context report sets out its own requirements:

Requirement Where addressed

The urban context report may use a site plan, photographs or other techniques and must include:

An accurate description of:

• Site shape, size, orientation and easements

• Levels and contours of the site and the difference in levels between the site and surrounding properties.

• The location and height of existing buildings on the site and surrounding properties.

• The use of surrounding buildings.

• The location of private open space of surrounding properties and the location of trees, fences and other landscape elements.

• Solar access to the site and to surrounding properties.

• Views to and from the site.

• Street frontage features such as poles, street trees and kerb crossovers.

• The location of local shops, public transport services and public open spaces within walking distance.

• Movement systems through and around the site.

• Any other notable feature or characteristic of the site.

Plans

Title Documents

This report

An assessment of the characteristics of the area including:

• Any environmental features such as vegetation, topography and significant views.

• The pattern of subdivision.

• Street design and landscape.

• The pattern of development.

• Building form, scale and rhythm.

• Connection to the public realm.

• Architectural style, building details and materials.

• Off-site noise sources.

• The relevant NatHERS climate zones (as identified in Clause 58.03-1).

• Social and economic activity.

• Any other notable or cultural characteristics of the area.

Plans

This report

A written statement that describes:

• Any relevant housing, neighbourhood character, urban design and landscape plan, strategy or policy set out in this scheme.

• The strategic and local suitability of the site for residential development of four or more storeys.

The "relevant housing, neighbourhood character, urban design and landscape plan, strategy or policy set out In this scheme" is each of the ones referred to in the main part of this report.

The "statement", expanded upon in this report is as follows:

• The site Is appropriate for the proposed multi-level mixed-use development due to Its: location in a Commercial 1 Zone neighbourhood/the Nicholson Village Neighbourhood Activity Centre, and In the Principal Public Transport Network Area. The relevant local policy and the site context both support the proposal, generous setbacks will be provided, and visual bulk, overshadowing and overlooking impacts will be limited. The proposal will feature a contemporary architect-design development that will make a positive contribution to the streetscape and minimise impacts on the neighbourhood, which providing good, well-located commercial and residential uses; the higher parts of the buildings will be recessed; a fiat roof will further limit building height; most of the required car parking and significantly more than the required bicycle parking will be provided.

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• The proposed design:

Responds to any relevant planning provision that applies to the land" because it involves a multi-level commercial and residential development in the Nicholson Village Neighbourhood Activity Centre, will be respectful of the historic nature of the existing shop buildings on both its own site and nearby, provide an appropriate amount of onsite Car parking supported by a Traffic Impact Assessment and provide significantly more onsite bicycle parking than required by Clause 52.39;

Meets the objectives of Clause 58 - as set out in detail in this report;

Responds to 'any relevant housing, urban design and landscape plan, strategy or policy" in the Yarra Planning Scheme - as well as responding well to the various state policies and the five relevant local policies; and

Den from and responds to this urban context report - while the proposal predates the report, it has been designed/redesigned to meet all relevant provisions and policies contained therein.

Clause 58.01-3 Design response states:

The design response must explain how the proposed design:

Responds to any relevant planning provision that applies to the land. Meets the objectives of Clause 58.

Responds to any relevant housing, urban design and landscape plan, strategy or policy set out in this scheme. Derives from and responds to the urban context report.

The design response must include correctly proportioned street elevations or photographs showing the development in the context of adjacent buildings. If in the opinion of the responsible authority this requirement is not relevant to the evaluation of an application, it may waive or reduce the requirement.

The matters under the first three dot points are also addressed in this report.

Correctly proportioned street elevations showing the development in the context of adjacent buildings are included with the application.

Louis Petrentsis Priority Planning Pty Ltd

38 I