uniting communities c/- jensen planning and design · 2016-06-17 · development assessment...

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Development Assessment Commission 23 June 2016 1 AGENDA ITEM 3.2.1 Uniting Communities c/- Jensen Planning and Design Demolition of existing buildings and construction of a 19 storey building comprising a range of community and social services uses, function centre spaces, retail, offices, 18 disability respite accommodation apartments, 21 specialist disability apartments and 46 independent living units together with basement carparking, communal open spaces and plaza space 43 Franklin Street Adelaide 020/A027/16 TABLE OF CONTENTS AGENDA REPORT ATTACHMENTS 1: DEVELOPMENT PLAN PROVISIONS 2: APPLICATION DETAILS & PLANS a. Planning Report by Jensen Planning and Design b. Architectural Plans and Details by Woods Bagot c. Certificate of Title d. Contamination Testing Summary by Coffey Environments e. Waste Management Plan by Rawtec f. ESD Summary by WSP Buildings g. Heritage Impact Assessment by DASH Architects h. Wind Impact Assessment by Vipac Engineers i. Acoustic Services Design Report by Bestec j. Traffic Impact Assessment by Phil Weaver and Associates Pty Ltd k. Stormwater Management Statement by Bonacci 3: AGENCY COMMENTS 4: COUNCIL COMMENTS 5: ADDITIONAL INFORMATION

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Page 1: Uniting Communities c/- Jensen Planning and Design · 2016-06-17 · Development Assessment Commission 23 June 2016 2 AGENDA ITEM 3.2.1 OVERVIEW Application No 020/A027/16 Unique

Development Assessment Commission23 June 2016

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AGENDA ITEM 3.2.1

Uniting Communities c/- Jensen Planning and Design

Demolition of existing buildings and construction of a 19 storey buildingcomprising a range of community and social services uses, function centrespaces, retail, offices, 18 disability respite accommodation apartments, 21specialist disability apartments and 46 independent living units together withbasement carparking, communal open spaces and plaza space

43 Franklin Street Adelaide 020/A027/16

TABLE OF CONTENTS

AGENDA REPORTATTACHMENTS

1: DEVELOPMENT PLAN PROVISIONS2: APPLICATION DETAILS & PLANS

a. Planning Report by Jensen Planning and Designb. Architectural Plans and Details by Woods Bagotc. Certificate of Titled. Contamination Testing Summary by Coffey Environmentse. Waste Management Plan by Rawtecf. ESD Summary by WSP Buildingsg. Heritage Impact Assessment by DASH Architectsh. Wind Impact Assessment by Vipac Engineersi. Acoustic Services Design Report by Bestecj. Traffic Impact Assessment by Phil Weaver and Associates Pty Ltdk. Stormwater Management Statement by Bonacci

3: AGENCY COMMENTS4: COUNCIL COMMENTS5: ADDITIONAL INFORMATION

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OVERVIEW

Application No 020/A027/16Unique ID/KNET ID #10552036/2016/09196/01Applicant Uniting Communities c/- Jensen Planning and DesignProposal Construct a 19 storey building comprising a range of

community and social services uses, function centre spaces,retail, offices, 18 disability respite accommodationapartments, 21 specialist disability apartments and 46independent living units together with basement carparking,communal open spaces and plaza space

Subject Land 43 Franklin Street AdelaideZone/Policy Area Capital City Zone, Central Business Policy Area 13 of the

Adelaide (City) Development Plan, consolidated 24 September2015

Relevant Authority Inner Metropolitan Development Assessment Committee of theDevelopment Assessment Commission

Lodgement Date 25 May 2016Council Adelaide City CouncilDevelopment Plan Adelaide (City) Development Plan, consolidated 24 September

2015 as amended by Section 29 amendments gazetted 31March 2016

Type of Development MeritPublic Notification Category 1Referral Agencies Government Architect, State Heritage Branch, Adelaide Airport

LimitedReport Author Concetta Parisi, Senior Planning OfficerRECOMMENDATION Development Plan Consent subject to conditions

EXECUTIVE SUMMARY

The applicant seeks approval to develop a 19 storey mixed use building at the corner ofFranklin and Pitt Street, Adelaide to accommodate a diverse range of social, commercialand residential services offered by the not for profit Uniting Communities.

The subject land is located within the Central Business Policy Area of the Capital CityZone. Key policies of relevance contained within these and the Council-wide section ofthe Adelaide City Development Plan envisage buildings of high quality design and nomaximum height containing a broad range of land uses that activate the public realm.

The land uses proposed are in keeping with the zone’s intent and are verticallydistributed in a built form the design of which has the general support of the AssociateGovernment Architect. The ground level retail land uses will offer the level of activationsought by the zone. It is seen that the various residential products offered providequality living environments through high levels of access to light, ventilation and outlookand the provision of private and communal open spaces.

Technical aspects of the proposed development are generally well handled. Althoughbicycle parking provision is short of that sought, the occupant mix together with thesite’s proximity to transport infrastructure provides justification for this.

Overall, the proposed development is considered to generally satisfy the intent of thepolicy framework for the Capital City Zone and the Council-wide policies and it istherefore recommended that it be granted Development Plan Consent subject toconditions.

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ASSESSMENT REPORT

1. BACKGROUND

1.1 Strategic Context

In March 2012, the Minister for Planning rezoned land in the City of Adelaide to increaseenvisaged building heights and provide additional development opportunities that wouldhelp enliven the city. As part of this initiative, policies were introduced that provide for amore performance based planning approach and place a stronger emphasis on the overallplanning and design merit of an individual proposal.

1.2 Pre-Lodgement Process

The proponent engaged in the pre-lodgement services, participating in 2 PrelodgementPanel (PLP) meetings and 3 Design Review Panel (DRP) sessions. No formal pre-lodgement agreements were reached prior to lodgement of the application. Keyissues/outcomes the subject of feedback and design evolution were:

exploring a design that is reflective of the significance of the site and its history

exploring the integration of the ground floor with the public realm and how thedifferent user groups access the building via the ground floor

expressing the various land uses through the façade of the building

achieving an emphasis to the corner of Franklin and Pitt Streets

incorporating carparking at basement level

ensuring that the ‘pedestrian friendly’ part of Penaluna Place is differentiated fromthe service function of Penaluna Place

ensuring that access and egress from the south east of the site was safe andefficient.

1.3 Land Division

A land division creating two allotments on the land has been approved by the AdelaideCity Council (020/D004/154). A condition attached to the consent requires thatstructures on the land that are to be retained will need to comply with the fire resistancerequirements of the Building Code of Australia.

2. DESCRIPTION OF PROPOSAL

Application details are contained in the ATTACHMENTS.

The applicant is seeking to demolish the existing buildings and construct a 19 storeybuilding comprising a range of community and social services uses, function centrespaces, retail, offices, 18 disability respite accommodation apartments, 21 specialistdisability apartments and 46 independent living units together with basement carparking,communal open spaces and plaza space.

The vertical distribution of land uses is described as follows:

Levels 1 and 2: Social services hub

consulting rooms, lifeline phone and online crises hotline services and trainingfacilities

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homelessness phone service, rooms for financial counselling and literacyprograms, group training rooms, commercial space for a radio studio, communitylegal service, therapy and support rooms.

reception/concierge desk within the ground floor lobby to control access

multi-purpose function space measuring some 462 square metres to host publicactivities organised by Uniting Communities as well as other building occupantsincluding . It will serve as a worship space and be made available to the generalpublic for hired function.

kitchen and storage spaces to serve the catering needs of the above multi-purpose function space and provide a room service function for the disabilityapartments and independent living units.

approximately 400 square metres of retail floor space.

Levels 3 to 7: Offices

some 5000 square metres of office space will be distributed between levels 3 to 7

levels 3, 4 and 5 will be occupied by Uniting Communities for their corporateoffices

levels 6 and 7 will be will be available for third party lease.

Levels 8 and 9: Disability Respite Accommodation (Short Term)

18 apartments ranging in size from 40 to 93 square metres will be distributedacross levels 8 and 9

this accommodation is to provide short term accommodation of between 1 nightto several weeks for people living with a disability and their carers

a communal interior / exterior (balcony) space is provided on Level 8

Levels 10 to 12: Disability Apartments (Long Term)

6 single bedroom and 18 two bedroom apartments ranging in size from 69 (1bedroom) to 116 (2 bedroom) square metres will be distributed across levels 10to 12

this accommodation is purposely designed for persons with a range of physicaldisabilities who are eligible to receive housing and support through the NationalDisability Insurance Scheme (NDIS)

apartments at levels 10 to 12 will feature balconies that range from 9 to 18square metres

residents of apartments at levels 10 to 12 will have access to the communalfacilities on Level 8

Levels 13 to 18: Independent Living Units

14 single bedroom apartments (ranging in size from 50-52 square metres) and 32two bedroom apartments (ranging in size from 72-103 square metres) will bedistributed across the top 6 floors of the building

these apartments will be dedicated to people aged over 55 years

each of these apartments will feature a private balcony ranging in size from 9 to16 square metres

Level 13 include a 194 square metre communal open space area accessible tooccupants of the apartments across levels 13 to 18.

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A summary of other aspects of the proposal is as follows:

Land UseDescription

Multi-function space, office, retail and residential (short term andlong term stay)

Building Height 19 storeys and a maximum height of 68 metres above ground level(112.15m AHD)

Setbacks Front (Franklin Street): on property boundarySide (Pitt Street): on property boundarySide (east): 6 metres (minimum)Rear: (south): The building will be situated on the boundary, andthen have a setback of some 4 metres for the commercial floorlevels (Levels 4-8); 8 metres for the remainder of the residentialaccommodation levels (levels 9-19

Site Access Vehicle access to the basement will be via Penaluna Place; access tothe carpark will be controlled via proximity/card reader which willopen the roller grill entrance door

Loading/Service vehicles will access via Penaluna Place

Resident pedestrian access via secured lobby onto Pitt Street.

Staff and visitor pedestrian access to community services viaFranklin Street, Pitt Street or Penaluna Place

Vehicle Parking 75 cars in basement levels to be allocated as follows:— 46 spaces for independent living unit residents— 16 spaces for commercial/retail tenants— 13 spaces for disabled spaces all of which will be provided at

the first basement level

Bicycle Parking 72 bicycles distributed throughout the basement carpark, with mostwithin the central area adjacent to the lifts

Visitor bicycle parking for up to 8 bicycles will be provided adjacentthe entry to the building on the Franklin street verge

ServicingArrangements

Deliveries, loading of waste and other such activities will occurwithin the south eastern corner of the building

Service vehicle access to the site will be achieved via Penaluna Placeand to the north of the vehicle access into the basement.

Encroachments Canopy along Franklin Street and Pitt Street

3. SITE AND LOCALITY

3.1 Site Description

The subject site consists of a portion of one allotment, described as follows:

Lot No Filed Plan Street Suburb Hundred Title

Reference2 16498 Franklin

Street

Adelaide Adelaide V5372 F352

The subject site is located on the corner of Franklin Street and Pitt Street, with publicroad access to Penaluna Place. It measures some 2,940 square metres in area and has afrontage to Franklin Street of approximately 32 metres and a frontage to Pitt Street ofapproximately 55 metres.

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The site is currently occupied by the Maughan Church, an octagonal building rising ashigh as four storeys. The site is devoid of trees and falls gently south along Pitt Street.

The subject site contains two rights of way which are appurtenant to the subject siteonly.

The diagram below depicts the allotment of which the subject site is a part:

Source: Planning Report, Jensen Planning and Design, 24 May 2016

3.2 Locality

The locality is characterised by a mix of land uses. Within close proximity to the site are:

North: Multi level carpark, office buildings, former Eudunda Farmer’s Building(Local Heritage (Townscape) place)

South: Metropolitan Hotel (fronting Grote Street, listed as a State Heritage place),offices

West: Her Majesty’s Theatre (fronting Grote Street, listed as a State Heritageplace), 6 storey car parking station (Pitt Street Carpark) with ground leveloffices and retail spaces

East: Offices

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The photographs below illustrate the locality:

Existing Building on subject land

Subject Land

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Adjacent building to the north east of the subject site opposite Franklin Street

Looking towards Grote Street down Pitt Street (the Metropolitan Hotel is in thedistance)

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Carpark on Pitt Street opposite the subject land

Franklin Street, opposite the subject land

Franklin Street, opposite the subject land

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Penaluna Place looking south towards Grote Street

STATUTORY REFERRAL BODY COMMENTS

Referral responses are contained in the ATTACHMENTS.

3.3 Minister for Sustainability, Environment and Conservation

The proposal was referred to the Minister for Sustainability, Environment andConservation on account of the potential impact on the context of the following StateHeritage places:

Darling Building, 28 Franklin Street Adelaide

Metropolitan Hotel, 42-46 Grote Street Adelaide

Her Majesty’s (previously The Opera) Theatre, 58 Grote Street Adelaide

The delegate of the Minister for Sustainability, Environment and Conservation, hasindicated that the proposed development is acceptable in relation to the above StateHeritage places. Advisory notes have been recommended in the event of approval beinggranted.

3.4 Government Architect

The proposal was referred to the Government Architect pursuant to Schedule 8 (24) ofthe Development Regulations 2008.

The Associate Government Architect (on behalf of the Government Architect) generallysupports the proposal, recommending further detail around the following areas:

refinement of materiality in the architectural expression to better reflect thecontinuity of the church on the site

detailed landscape design.

Other comments made by the Associate Government Architect are discussed in theassessment section of this report.

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3.5 Adelaide Airport

The proposal was referred to Adelaide Airport as the building will penetrate the AdelaideAirport Obstacle Limitation surface (OLS) which is protected airspace for aircraftoperations.

Adelaide Airport Limited has advised that approval from the Department of Infrastructureand Regional Development (DIRD) will be required. Adelaide Airport will be advisingDIRD that Adelaide Airport is unlikely to object to the development as the building will beshielded by the Westpac Tower.

It is recommended that any approval granted the proposal be the subject of a conditionrequiring approval from DIRD prior to any works associated with the development.

4. COUNCIL COMMENTS

4.1 City of Adelaide

Adelaide City Council’s administration was informally consulted on the proposal,specifically with regard to traffic and access, waste management, encroachment andimpacts on infrastructure (assets) and the public realm.

The response received to this referral is contained in the ATTACHMENTS. In summary,whilst there is some concern that ground level building articulation against Franklin andPitt Streets may not befit the importance of the subject site (which is on the ‘Station toMarket’ link), Council’s administration does not object to the proposal for reasons relatedto the above matters.

5. PUBLIC NOTIFICATION

The application is a Category 1 development pursuant to Capital City Zone, Principle ofDevelopment Control 37(a). Therefore no public notification was required.

6. POLICY OVERVIEW

The subject site is within the Capital City Zone and the Central Business Policy Area 13 asdescribed within the Adelaide (City) Development Plan Consolidated 24 September 2015and as amended on 31 March 2016 pursuant to section 29 of the Development Act.

Relevant planning policies are contained in the ATTACHMENTS and summarised below.

6.1 Zone

The subject site is located within the Capital City Zone as prescribed by the Adelaide(City) Development Plan.

The Capital City Zone is the economic and cultural focus of the State and includes arange of employment, community, educational, tourism and entertainment facilities. It isanticipated that an increased population within the Zone will complement the range ofopportunities and experiences provided in the City and increase its vibrancy.

The Desired Character for the Capital Zone seeks high-scale development with high wallsthat frame the streets, reinforce Adelaide’s pattern of streets, and creating an interestingpedestrian environment that is active during the day, evening and late night. Groundlevel uses should generate pedestrian activity and include shops, cafes and restaurants.

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Exemplary and outstanding building design is desired in recognition of the location asSouth Australia’s capital. Contemporary juxtapositions will provide new settings forheritage places. Innovative forms are expected in areas of identified street character,referencing the past, but with emphasis on modern design-based responses that supportoptimal site development. A rich display of art that is accessible to the public andcontextually relevant is desired.

Minor streets such as Pitt Street should have a sense of enclosure to provide an intimateenvironment, with frequent openings and control of wind impacts. Development shouldcreate pedestrian links and support the provision of high quality bicycle and sharedpedestrian routes.

6.2 Policy Area

The Central Business Policy Area 13 is the pre-eminent economic, governance andcultural hub for the State. Buildings within this policy area will exhibit innovative designapproaches and produce stylish and evocative architecture, including tall and imposingbuildings that provide a hard edge to the street and are of the highest design quality.

6.3 Council Wide

Council Wide provisions of relevance to the proposal provide guidance regarding:

appropriate housing choice, minimum unit sizes, minimum private open spaceprovisions and access to natural light, ventilation, outlook

design and appearance of development (although this policy is outweighed byguidance provided by the zone)

appropriate levels of access, car parking, bicycle parking, servicing andinteraction/relationship with the public realm

Council Wide provisions regarding heritage are also relevant to the proposal. Broadly,these seek that new development provide for a sufficient level of compatibility with, andacknowledgement of, adjacent heritage places within the design, siting and externalmaterials and finishes used.

Relevant Council Wide provisions are contained in the ATTACHMENTS.

6.4 Overlays

6.4.1 Affordable Housing

The proposal is subject to the affordable housing overlay. No affordable housing productis proposed as part of this application. Although the proposal is including ‘dwellings’, thenature of the accommodation will be managed by the Uniting Communities and istargeted at specific user groups who will occupy the dwellings on a short term or longterm ‘lease’ arrangement. The disability respite and disability accommodation (long term)will accommodate the needs of a vulnerable group of people who would also typically behoused in ‘affordable’ and high needs housing.

6.4.2 Adelaide City Airport Building Heights

With a proposed height of 68 metres the building exceeds the Obstacle Limitation Surfaceand therefore any development should not compromise the ongoing operation of AdelaideAirport.

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7. PLANNING ASSESSMENT

The application has been assessed against the relevant provisions of the Adelaide (City)Development Plan, which are contained in the ATTACHMENTS.

7.1 Quantitative Provisions

DevelopmentPlan Guideline

Proposed GuidelineAchieved

Comment

Land Use Community centreDwellingOfficeShop or group ofshops

Social services,retail, office,dwelling

YESNOPARTIAL

BuildingHeight

No maximumheight limit

68 metresapprox.

YESNOPARTIAL

Front (andsecondaryStreet)Setback

On propertyboundary

On propertyboundary

YESNOPARTIAL

Setback tohabitableroomwindows,balconies forresidentialcomponent

3 metres From 6 metres YESNOPARTIAL

The tables for private open space, carparking and bicycle parking are contained in thebody of the report.

7.2 Land Use

The ground floor retail and office use, as well as the social and community service andresidential (short term and long term) accommodation on upper levels are consistentwith the land uses sought within the Capital City Zone and Central Business Policy Area13.

7.3 Building Height

According to Principle of Development Control 19 (Capital City Zone) development shouldgenerally be compatible with the overall desired city form and not exceed the maximumbuilding height shown in Concept Plan Figures CC/1 and 2. Pursuant to Concept PlanFigure CC/1, there is no prescribed height limit for the subject site.

Principle of Development Control 20 (Capital City Zone) seeks that buildings in theCentral Business Policy Area have a minimum height of 28m. Principle of DevelopmentControl 2 (Central Business Policy Area) states that buildings should be of a height thatensures airport operational safety is not adversely affected.

The proposal comprises a 19 level building with a total overall height of 68 metres aboveground level (112.15m AHD). This satisfies both the maximum and minimum heightpolicy identified above. On city form considerations, the Associate Government Architecthas indicated support for the proposed height.

The application was referred to Adelaide Airport Limited for advice regarding potentialimpacts on airport operational safety. Adelaide Airport Limited has indicated that the

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building will be shielded by the Westpac Tower and therefore it has no objection to theheight.

7.4 Building Setbacks

Development in the Capital City Zone should contribute to continuous built form alongstreet boundaries and reinforce the city edge character and grid pattern of streets (PDC10, 17-18 Zone, and Objective 46 Council-Wide). Upper level setbacks and podiums arenot envisaged in the Central Business Policy Area (PDC 11 Zone).

The Development Plan seeks a minimum setback of 3 metres between commonboundaries and habitable windows and balconies. The setback sought by theDevelopment Plan ensures that development does not unreasonably restrict the potentialfuture development of adjoining land and ensures an ongoing level of light andventilation to habitable rooms.

The proposed building is generally constructed along the Franklin Street boundary andPitt Street boundary, with glazing and entrance doors setback within the site slightlybetween columns. The position of the building on the front and secondary streetboundaries continues to the top-most part of the building, giving emphasis to this corner.

In relation to the side (eastern boundary) setback, the proposed building will be setback6 metres. The proposed building will be setback on the southern boundary for 3 levels;these levels will accommodate the retail and office space for the social and communityservice components. The residential accommodation levels (short term and long term)will be setback 6.5 metres. Accordingly, the side and rear setbacks are considered to bein accord with the policy framework.

Overall, the setbacks for the development are considered to satisfy the intent of theCapital City Zone and protect residential amenity.

7.5 Design and Appearance/Landscaping

The Desired Character for the Central Business Policy Area (Capital City Zone) seeksinnovative design approaches and stylish and evocative architecture. Franklin Street isidentified as an east-west boulevard that provides an important entry point to the City.The Desired Character for the Capital City Zone involves minor streets, such as PittStreet, having a sense of enclosure and an intimate, welcoming and comfortablepedestrian environment with buildings sited and composed in a way that responds to thebuilding’s context. There will be a strong emphasis on ground level activation throughfrequent window openings, land uses that spill out onto the footpath and control of windimpacts.

Principle of Development Control 14 of the Capital City Zone seeks building facades thatare strongly modelling, incorporate a vertical composition which reflects the proportionsof existing frontages, and ensure that architectural detailing is consistent around cornersand along minor streets and laneways.

Relevant Council Wide policies also seek easily identifiable entrances (PDC 48), acomfortable proportion of human scale (PDC 169), composition and proportion ofarchitectural elements that responds to context (PDC 179), an appropriate scale, rhythmand proportion which responds to the use of the building (PDC 181), balconies that areintegrated into the architectural expression of the building (PDC 183). External materials,colours and finishes should be sympathetic to the design and setting of the new buildingand should consist of high quality, durable and easily maintained materials that are nothighly reflective. (PDCs 186-189).

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The proposed building incorporates the main entry and concierge space, entrance lobbyto the apartments, retail and services tenancies and building service areas including theaccess to the basement carparking. The Associate Government Architect supports theproposed organisation of these uses. The entrance points are easily identifiable with theresident entrances separated from the entrances to the community services.

The basement carpark is supported as this has resulted in a stronger interface with thepublic realm due to the activation that will be generated on all upper levels. TheAssociate Government Architect supports the basement carpark and indicates:

“This (the basement carpark) has created an opportunity for successfulprogramming and design of the lower levels and has strengthened integration withthe existing streetscape”.

The proposed built form is divided into four “vertically stacked distinct elements”(Associate Government Architect, 9 June 2016) to distinguish the various land useswithin the building. The Associate Government Architect supports the approach toexpress the diverse internal function of the building through the architectural expression.

The architectural expression includes “vertically articulated curtain wall systems withsolid panels, glazing panels, blades and fins, which draw geometric reference to theexisting Maughan Church” (Associate Government Architect, 9 June 2016); additionalcommentary includes:

“I strongly support the composition of elements and materials to emphasise thevertical expression of the Franklin and Pitt Streets corner. …. “

The Associate Government Architect has, however, indicated that although thearchitectural expression is supported, further opportunity exists for the existing churchand its key elements to inform the architectural expression. Whilst it is agreed that thereis such opportunity, the proposed building’s architectural expression is considered tosatisfy the intent of the Zone for a high quality and stylish architecture.

In terms of materials for the building, the following is proposed:

solid textured panels

curtain wall system of compact surface panel and glass

perforated bronze panelling and texture coated glazing (principally to the lowerpodium facades)

semi frameless glazing to balconies

bronze panelling to the communal balconies

vertically integrated planting to residential balconies

grey rendered blockwork to loading entry and service areas along Penaluna Place;matching grey louvers to plant rooms

coloured panels to balcony soffits.

Colours proposed include earthy tones of browns and greys together with bronzehighlights.

The facade materials are appropriate in terms of durability and low-reflectivity, consistentwith PDC 187-189 (Council-Wide). The Associate Government Architect supports thematerial palette of pre-finished concrete and stone panels with glazing, subject to theprovision of materiality which better reflects the continuity of the church on the site. It isrecommended that any consent granted the proposal be subject to a condition reflectingthis recommendation.

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In relation to the landscaping for the project, further information is required todemonstrate the viability of the proposed trees in the outdoor spaces (due to the limitedsoil depth affected by the basement carpark), and the communal open spacelandscaping. It is recommended that a detailed landscape design be provided prior tosuperstructure approval.

Overall, the building has been designed ‘in the round’ with a design and appearance thatis considered to satisfy the zone’s intent for high quality.

7.6 Public Realm and Pedestrian Amenity

Buildings within the Capital City Zone should present an attractive pedestrian-orientedfrontage that adds interest and vitality to streets and laneways. Capital City ZonePrinciples of Development Control 9 and 10 also indicate, respectively:

Providing footpath widths and street tree growth permit, development shouldcontribute to the comfort of pedestrians through the incorporation of verandahs,balconies, awnings and/or canopies that provide pedestrian shelter.

Buildings should be positioned regularly on the site and built to the street frontage,except where a setback is required to accommodate outdoor dining or provide acontextual response to a heritage place.

The images below incorporate some examples of the proposed public realm integration ofthe ground floor: (additional diagrams are available in the ATTACHMENTS).

The proposed building has been positioned to the street frontage in accord with PDC 10above.

A glazed canopy is proposed for the entire Franklin Street and Pitt Street frontage. Acanopy is proposed at a 4 metre height above footpath level and will be 3 metres inwidth to Franklin Street and 1.2 metres to Pitt Street. The Pitt Street footpath is currentlylimited in width and because Council’s Encroachment Policy requires a 600mm setbackfrom the kerb (vehicle clearance) the width of the canopy is restricted to 1.2 metres.Should Council consider widening the footpath, there is opportunity to widen the canopy.The applicant has agreed to liaise with Council administration during construction shouldan opportunity arise to widen the canopy.

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The building has been setback some 6 metres from the eastern property boundary,creating a spill-out space extending from the ground floor activities as well as analternative pedestrian route to Grote Street. Pitt Street is an existing pedestrian linkbetween North Terrace and the Central Markets and this has been maintained andemphasised due to the proposed canopies and main entry points to the building.However, Penaluna Place, although on private land, can also be used as a secondarypedestrian access from Franklin Street to Grote Street.

Council administration are generally supportive of the canopy encroachments as well asthe alternative pedestrian route on the private land. As indicated by Counciladministration:

“The design of the new public accessible outdoor space is supported. The design isconsidered to successfully create a positive new destination, while clearly signallingwhere this space ends and changes from a pedestrian only space to a service lanespace connecting to the public Penaluna Place to the south.”

Council administration, however, have indicated reservations around the ground levelbuilding articulation and as such, has recommended further information. A condition hasbeen recommended to address this concern.

Together with the level of activation that the ground level uses will generate and theattractive quality of pedestrian amenity that the proposal is seeking to propose via thecanopy and ‘spill out space’, the proposal is considered to satisfy the intent of therelevant policies.

7.7 Apartment Amenity

Medium to high scale residential development should provide for a high standard ofamenity and environmental performance as sought by Council Wide Objective 22 andPrinciples 49-75. These provisions provide guidance with respect to the design of buildingentrances, levels of natural light and ventilation, private open space, privacy, outlook andminimum apartment sizes. PDC 60, 71, 81 require medium to high scale residentialdevelopment to have a high quality environment by ensuring minimum areas. Refer tothe table above for a summary of the quantitative requirements.

Apartment Size

The table below summarises the apartment sizes that are being proposed:

AccommodationType

Apartment size range Development Plan Policy

Disability Respite(Short Term)

Studio: 40 square metres The nature of this accommodation type is notdissimilar to a ‘serviced apartments’. Theminimum apartment sizes include:Studio: 35 square metres2 Bed: 65 square metres3 Bed: 80 square metres.

2 Bed: 53-92 squaremetres

3 Bed: 93 square metres

DisabilityAccommodation(Long Term)

1 Bed: 68-69 squaremetres

1 Bed: 50 square metres

2 Bed: 80-115 squaremetres

2 Bed: 65 square metres

IndependentLiving Units

1 Bed: 50-51 squaremetres

1 Bed: 50 square metres

2 Bed: 71-103 squaremetres

2 Bed: 65 square metres

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The proposed long term residential accommodation satisfy the minimum apartment sizes.Whilst the 2 bedroom (short term) disability respite units fall short of the minimumrequirement by 12 square metres, due to the short term nature of the accommodation,and because these rooms do not provide any kitchenettes, they are considered to bemore akin to a hotel room.

Private Open Space

The following provisions are most pertinent to the assessment of private open spacewithin the proposal:

59 Medium to high scale residential development and serviced apartments shouldprovide the following private open space:a) studio (where there is no separate bedroom): no minimum requirement but some

provision is desirable.b) 1 bedroom dwelling/apartment: 8 square metres.c) 2 bedroom dwelling/apartment: 11 square metres.d) 3+ bedroom dwelling/apartment: 15 square metres.

A lesser amount of private open space may be considered appropriate incircumstances where the equivalent amount of open space is provided in a communalopen space accessible to all occupants of the development.

60 Medium to high scale residential (other than student accommodation) or servicedapartment development should ensure direct access from living areas to private openspace areas, which may take the form of balconies, terraces, decks or other elevatedoutdoor areas provided the amenity and visual privacy of adjacent properties isprotected.

61 Other than for student accommodation, private open space should have aminimum dimension of 2 metres and should be well proportioned to be functional andpromote indoor/outdoor living.

62 Balconies should be integrated into the overall architectural form.

62 Balconies should be integrated into the overall architectural form and detail of thedevelopment and should:a) utilise sun screens, pergolas, shutters and openable walls to control sunlight and

wind;b) be cantilevered, partially cantilevered and/or recessed in response to daylight,

wind, acoustic and visual privacy;c) be of a depth that ensures sunlight can enter the dwelling below; andd) allow views and casual surveillance of the street while providing for safety and

visual privacy.

The proposal is seeking to provide the following private open space areas:

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AccommodationType

Apartment size range Development Plan Policy

Disability Respite(Short Term)

Studio: Nil The nature of this accommodation type is notdissimilar to a ‘service apartment’. The private openspace requirements for service apartments include:Studio: No minimum requirement2 Bed: 11 square metres3 Bed: 15 square metres

2 Bed: largest balconyis 16 square metres

3 Bed: 18 squaremetres

DisabilityAccommodation(Long Term)

1 Bed: 15-18 squaremetres

1 Bed: 8 square metres

2 Bed: 9-15 squaremetres

2 Bed: 11 square metres

IndependentLiving Units

1 Bed: Nil - All privateopen space areas areless than 2 metres inwidth and therefore donot quality as privateopen space

1 Bed: 8 square metres

2 Bed: 11-16 squaremetres

2 Bed: 11 square metres

In addition to the balcony space, there are communal open space areas on Levels 8 and13 that residents will be able to access. These communal areas measure 152 squaremetres (and will service the short term and long term disability accommodation) and 194square metres (which will service the Independent Living Units).

From the table above, it is evident that the 2 bedroom long term disabilityaccommodation units and the single bedroom independent living units fall short ofproviding sufficient private open space. In addition, there are only two private openspace areas provided for the short term disability respite accommodation.

In relation to the single bedroom independent living units, these will have access to aprivate balcony space which has a width of some 1.6 metres and measure between 8-9square metres. Although the width of the balcony space does not satisfy the minimumdimension sought by Principle of Development Control 61, the private open space is stillconsidered suitable because:

it forms an extension to the internal living space

only 14 of the total of independent living units (30%) possess undersized balconyspace

access to communal open space on Level 13 is available for residents.

In relation to the 2 bedroom long term disability accommodation units, the short fall inprivate open space is not considered fatal to the proposal because:

the balconies extend from an internal living space

only 3 of the total of units (14%) comprise undersized balcony space

access to communal open space on Level 8 is available.

In relation to the short term, disability respite accommodation, the majority of theseunits are not provided with balcony space because the provision of a balcony for someoccupants, is ‘problematic and undesirable’ (Jensen Planning and Design Planning Report,24 May 2016).

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Overall, the shortfall of private open space for those specific apartments is considered tobe outweighed by the access to the common space areas and/or the ‘spill out’ spacealong the eastern property boundary.

StorageThe Development Plan seeks a minimum of 8 cubic metres storage area. The proposalincorporates the following storage areas:

Storage cages of up to 2.7 cubic metres within the basement adjacent to the carparking spaces

Storage cages within the communal storage rooms on Levels 8 (for the DisabilityRespite Apartments) and 13 (for the Independent Living Units)

Storage within each apartment above wardrobe spaces and within suitablelaundries.

The proposal is considered to provide adequate storage areas which are easily accessible.

Natural light and OutlookThe following Council Wide Medium to High Scale Residential Development provisions areof particular note to the assessment of the proposal:

53 All new medium to high scale residential or serviced apartment developmentshould have direct ventilation and natural light.

56 Medium to high scale residential or serviced apartment development should bedesigned to ensure living areas, private open space or communal open space, wheresuch communal open space provides the primary area of private open space, are themain recipients of sunlight.

The proposed building has been designed and setback from side boundaries in order toprovide a high quality internal living space to residents. Each dwelling is designed withhabitable rooms that have direct access to a window and/or balcony space providing foraccess to natural light and ventilation. Each dwelling has an outlook which will beprotected to some degree once development occurs on abutting properties, because ofthe deeper setbacks from the side and rear boundaries.

SummaryThe proposed apartments are considered to have an acceptable level of amenity andfunctionality with all of the proposed apartments satisfying the relevant requirements forminimum unit size/floor area, storage, outlook and natural light and ventilation.

Overall it is considered that the proposal will provide for a sufficient level of residentialamenity for future occupants of the development.

Heritage

The former Eudunda Farmer’s Building is identified as a Local Heritage (Townscape) placein the Adelaide (City) Development Plan. The ‘place’ is located on the opposite side ofFranklin Street from the subject land.

Dash Architects, on behalf of the applicant, assessed the consideration of the LocalHeritage impacts arising from the proposed development. The conclusions drawn fromthe assessment include:

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“The Adelaide (City) Development Plan seeks some design consideration of thisrelationship with regards to material, finishes and other built qualities, which theproposal provides in an innovative and contemporary manner.”

Council administration had not comment with respect to the proposal’s impact on theLocal Heritage (Townscape) place.

7.8 Traffic Impact, Access and Parking

Development should provide for the safe and convenient movement of people and theirvehicles as sought by Council Wide Objectives 68-70 and PDC 226-266. These provisionsprovide guidance with respect to the provision of car parking, bicycle parking, vehicleaccess, pedestrian movement etc.

The applicant has provided a Traffic and Transport Assessment report prepared by PhilWeaver and Associates, with additional comments and amendments provided in responseto questions raised by both Council Administration and DPTI.

Traffic VolumeThe assessment of the anticipated traffic demands of the development conclude that the‘forecast traffic generation of both the residential apartments and the office developmentwill not be significant and will not adversely impact on the adjoining road network’, (PhilWeaver and Associates Pty Ltd, 24 May 2016).

Council administration has no concern with the traffic volumes.

Access ArrangementsThe proposed development has maintained an unrestricted pedestrian pathway alongboth its Pitt Street and Franklin Street frontages by locating its basement vehicle accessand service functions from Penaluna Place.

In relation to the access points servicing the development, a ground floor service area onthe eastern side of the site which will be accessed by an extension to Penaluna Place willbe accessed by Small Rigid Vehicles and Medium Rigid Vehicles with these vehiclesreversing into the area from the proposed extension to Penaluna Place. The diagrambelow illustrates the turning circles:

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The turning circles for vehicles entering the carpark have also been provided.

The report by Phil Weaver and Associates Pty Ltd conclude:

it would be possible to manoeuvre an MRV design vehicle into and out of theservice area of the extension to Penaluna Place.

it would be possible to accommodate simultaneous entry and exit movements intoand out of Basement B1

it would not be possible to accommodate simultaneous entry and exit movementsat the top and bottom of the ramp connecting Basement B1 and Basement B2 ….It will be necessary to provide mirrors facing oncoming traffic in these areas oralternatively a less passive means of controlling traffic movement such as trafficsignals.

Council’s administration have reviewed the traffic report and agree with therecommendation by Phil Weaver and Associates Pty Ltd; therefore, a condition has beenrecommended requiring the mirror.

In addition, Council has requested a condition relating to height clearances to the loadingarea; a condition has been recommended requiring that such height clearances are inaccord with the relevant Australian Standards.

CarparkingThere is no car parking sought for development within the Capital City Zone (PDC 7Capital City Zone).

A total of 75 car parking spaces are proposed over two levels, 13 of which are disabilityspaces. The carparking spaces have been designed to comply with the minimumdimensions of the AS/NZS 2890.1:2004.

Bicycle ParkingPDC 233 (Council-Wide) specifies that an adequate supply of on-site secure bicycleparking should be provided to meet the demand generated by the development withinthe site area of the development. Bicycle parking should be provided in accordance withthe requirements set out in Table Adel/6. The following table summarises the bicycleparking rates:

Type ofDevelopment

Bicycle parking spacefor employees

/residents

Bicycle parking spacefor customers/

visitors/ shoppers

Required spaces forUrbanest proposal

All low, medium,and high scaleresidential

1 space for everydwelling/apartment witha total floor less than150m2

1 for every 10 dwellings 67 residents +6.7 visitors =73.7 spaces

Servicedapartment(short termdisability respiteaccommodation)

1 per 20 employees 2 for the first 40 rooms,plus 1 for everyadditional 40 rooms

1 (per 20 employees) +2 employees =3 spaces

Retail1 per 300 sqm of grossleasable floor areas

1 per 600 sqm of grossleasable floor area

2 employee +1 customer =3 spaces

Office

1 space per 200 squaremetres

2 spaces plus 1 per1000 square metres ofgross leasable floorarea for visitors

33 employee +9 customer =42 spaces

Note: The short term disability respite accommodation has been considered to be equivalent toservice apartments due to the short term nature of the accommodation.

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The proposed development is proposing a total of 78 bicycle parking spaces where therelevant provisions seek a total of 121.7 bicycle spaces.

Whilst the proposed provision of bicycle parking spaces falls short of that sought, thenumber proposed is considered appropriate considering the site’s proximity to publictransport, services and facilities and the occupant mix (of which persons with disabilitieswill comprise a significant proportion).

The bicycle parking is located within the basement levels with the majority being in closeproximity to lifts. End of trip’ facilities for office staff are available on each office level.

Waste CollectionA dedicated loading area has been allocated on the ground floor with access off PenalunaPlace. Apart from conditions relating to height clearance and traffic mirrors, the Counciladministration are supportive of the proposed loading facility provided on site.

Pedestrian AccessMap Adel/1 (Overlay 2A) of the Adelaide (City) Development Plan acknowledges PittStreet an existing pedestrian link. This link is part of the ‘station to market’ link. Thecanopy treatment and level of activation on the ground floor seek to enforce and enhancethis important link.

A link along the eastern property boundary of the site is identified as a ‘proposedpedestrian link’ by the said Map. Although the pedestrian walkway along the easternproperty boundary links to Penaluna Place will serve as an alternative link, it has beensignalised (through landscaping and street marking) that this link ends and becomes aservice and vehicle oriented space.

7.9 Environmental Factors

7.9.1 Crime Prevention

Objective 24 and PDCs 82, 83 and 85 (Council-Wide) provide guidance for the creation ofcrime resistant environments that promote passive surveillance, building and sitesecurity and visibility.

Given the nature of the land uses within the development, the proposal is incorporating anumber of crime prevention measures to promote natural surveillance such as windowand entry orientation, glazing to the facades of the ground floor, viewing platforms fromthe communal open space areas, retail functions at the ground floor and clear sight lineswhich are unobstructed from within the development and through the eastern boundarywalkway.

The proposal is considered to satisfy the intent of the relevant crime prevention policies.

7.9.2 Noise Emissions

Objective 27 and PDCs 93-94 (Council-Wide) provide guidance for noise sensitivedevelopment. Development should be designed to protect its occupants from noisesources contemplated in the zone, which in the Capital City Zone includes licensedentertainment premises. Ancillary services such as waste collection should not occur afterhours and mechanical plant should be appropriately sited, screened and attenuated.

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PDCs 95-99 (Council-Wide) provide guidance for noise sensitive development, andspecifies minimum background noise levels within habitable rooms, in order to achievecomfort for residents.

Bestec, on behalf of the applicant, assessed the noise impacts from within and outside ofthe development. A number of recommended treatments (to glazing, internal lining,partitions, doors, walls and floors between tenancies) to the building have beenrecommended; compliance with these recommendations have been recommended as acondition.

Noise associated with the carpark was not considered detrimental to the function ofsurrounding commercial tenancies. Noise from mechanical plant on the roof level will becontrolled by design of appropriate vibration isolators.

7.9.3 Waste Management

Objective 28 (Council-Wide) and PDCs 101-103 (Council-Wide) provide guidance forwaste management, minimisation and re-use/recycling.

The proposal is expected to generate 57,600 litres of waste each week, with 48,000 litresgenerated from the commercial component of the business and 9,700 litres from theresidential component. A total of 19 waste collection vehicle movements per week at thesite will be required together with a waste storage area of some 68 square metres.

A waste storage area of approximately 60 square metres has been accommodatedadjacent the loading bay in the south eastern corner of the site. Chutes on each of theoffice and residential floor levels have been provided to service waste managementneeds and these directly lead to the waste storage area. The current waste roomtogether with the loading area are considered to provide sufficient space for the storageof the bins and hard waste.

It was also recommended by Rawtec that a bin wash area be provided; this can beaccommodated within the waste room as suggested below:

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It is recommended that any consent granted the proposal be the subject of a conditionrequiring that a bin wash area be provided as per the plan above.

Waste collection will not occur between 10pm and 7am (9am on Sundays and publicholidays) to minimise noise disturbance to residents.

In summary, it is considered that the proposal meets relevant policies regarding wastemanagement through the provision of a dedicated area for on-site store collection andsorting of waste streams.

7.9.4 Environmental Sustainability Initiatives

Objectives 30 and PDCs 106-108 (Council-Wide) require development that minimisesconsumption of non-renewable resources and provides thermal comfort for residents.

An ESD summary has been prepared by WSP Buildings on behalf of the applicant. Anumber of design features will be incorporated. In any event, the building has beendesigned and will operate to an Australian Excellence standard which includes:

4.5 or 5 star NABERS Energy rating and Water Rating (commercial components)

7.0 or 7.5 Star NABERS rating for the residential accommodating.

The building will also be adopting an Electronic Management System which will includesmart metering providing information to all users about energy performance and usage.A 30KW PV system on the roof of the building for generation of electricity will be usedthroughout the building during the day.

The setback of the building has been intentional in enabling greater access to lightparticularly to the lower floor levels of the building.

7.9.5 Wind Analysis

PDC 125 (Council-Wide) provides that development that is over 21 metres in buildingheight and is to be built at or on the street frontage should minimise wind tunnel effect.

Vipac, on behalf of the applicant, has concluded that the proposed design:

would be expected to generate wind conditions in the ground level footpath areaswithin the recommended walking criterion

expected to generated wind conditions in the building entrance areas on Pitt andFranklin Street within the standing criterion

expected to generate wind conditions in the seated areas on the east side withinthe sitting comfort criterion

the private balconies would be expected to have wind conditions within therecommended walking criterion.

7.9.6 Site Contamination

An initial soil assessment has been undertaken by Coffey on behalf of the applicant. Theassessment identifies some samples with elevated PAH levels. The report suggestsadditional testing to be done to ascertain whether any treatment is required to soil beforedisposal to a landfill. This will need to be undertaken following the demolition of theexisting structures on the land. Accordingly, it is recommended that any consent grantedthe proposal be subject to a condition that requires soil treatment, if required, followingdemolition.

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8. CONCLUSION

The proposed development comprises land uses which are consistent with the vision forthe Central Business Policy Area of the Capital City Zone. The building height proposed iscontemplated, the architectural expression proposed has been supported by theAssociate Government Architect and ground level land uses will activate Franklin Street,Pitt Street and Penaluna Place.

Although the sizes of some apartments and some private open space areas fall short ofsatisfying the criteria of the Development Plan, these are considered to be outweighed bythe high level of amenity (natural sunlight, ventilation and outlook) offered to thedwellings. Departure from policy regarding provision of bicycle parking is consideredjustified on the basis of proximity to public transport and other services and facilitiestogether with the occupant mix.

Access, servicing, waste management, encroachments and other technical matters areconsidered to be well managed and are not the subject of objection on the part ofAdelaide City Council’s administration.

Overall, when assessed against the relevant policies of the Development Plan, it isconsidered that the proposal warrants planning consent subject to conditions.

9. RECOMMENDATION

It is recommended that the Development Assessment Commission:

1) RESOLVE that the proposed development is NOT seriously at variance with thepolicies in the Development Plan.

2) RESOLVE that the Development Assessment Commission is satisfied that theproposal meets the key objectives of the Capital City Zone and the Central BusinessPolicy Area of this Zone.

3) RESOLVE to grant Development Plan Consent to the proposal by UnitingCommunities c/- Jensen Planning and Design for demolition of the existing buildingsand construct a 19 storey building comprising a range of community and socialservices uses, function centre spaces, retail, offices, 18 disability respiteaccommodation apartments, 21 specialist disability apartments and 46 independentliving units together with basement carparking, communal open spaces and plazaspace at 24 Franklin Street Adelaide subject to the following conditions of consent.

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PLANNING CONDITIONS

1. That except where minor amendments may be required by other relevant Acts, or byconditions imposed by this application, the development shall be established in strictaccordance with the details and following plans submitted in DevelopmentApplication No 020/A027/16:

Plans by Woods Bagot: (date of issue: 18 May 2016)

A-SK0001 Cover Sheet A-SK0002 Locality Plan A-SK0003 Survey A-SK0004 Demolition Plan A-SK0005 Site Plan A-SK0006 Basement 2 A-SK0007 Basement 1 A-SK0008 Ground A-SK0009 Level 01 A-SK0010 Level 02 A-SK0011 Level 03 A-SK0012 Level 04-07

A-SK0013 Level 08 A-SK0014 Level 9 A-SK0015 Level 10-12 A-SK0016 Level 13 A-SK0017 Level 14-17 A-SK0018 Level 18 A-SK0019 North Elevation A-SK0020 East Elevation A-SK0021 South Elevation A-SK0022 West Elevation A-SK0023 North-South Section A-SK0024 East-West Section

Reports/Correspondence

Planning Report by Jensen Planning and Design updated 30 May 2016

Contamination Testing Summary by Coffey Environments dated 31 March 2016

Wind Impact Assessment by Vipac dated 23 May 2016

ESD Summary by WSP Buildings dated 23 May 2016

Acoustic Services Design Report by Bestec dated May 2016

Traffic and Parking Assessment Report by Phil Weaver and Associates dated 24May 2016

Waste Management Plan by Rawtec dated May 2016

Stormwater Management Report by Bonacci dated May 2016

2. A final schedule of materials and finishes that reflect the existing Maughan Churchshall be provided to the satisfaction of the Development Assessment Commission, inconsult with the Government Architect, prior to Development Approval forsuperstructure works.

3. Final details of the ground level building articulation shall be provided to thesatisfaction of the Development Assessment Commission, in consultation with theGovernment Architect (or Associate Government Architect), prior to DevelopmentApproval for superstructure works.

4. The finished floor level of the ground floor level at the entry point to thedevelopment shall match the existing footpath unless otherwise agreed to by theDevelopment Assessment Commission.

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5. The proposed development will penetrate the Adelaide Airport Obstacle Limitationsurface (OLS) by approximately 17 metres, which is in protected airspace for aircraftoperations. The application will require approval in accordance with the Airports Act1996 and the Airports (Protection of Airspace) Regulations 1996 and has beenforwarded to the Civil Aviation Safety Authority (CASA) for their comment. No part ofthe development shall commence until approval has been granted by the Departmentof Infrastructure and Regional Development.

6. The proposed car parking layout shall be designed and constructed to conform to theAustralian Standard 2890.1:2004 for Off-Street Parking Facilities; AustralianStandard 2890.6-2009 Parking facilities.

7. The basement car park and loading/service areas shall be established in accordancewith the Traffic and Parking Assessment Report prepared by Phil Weaver andAssociated dated 24 May 2016. In particular, traffic mirrors in the extension toPenaluna Place and to the ramp connecting basement levels 1 and 2 shall beinstalled in accordance with the said report prior to the occupation of thedevelopment.

8. Height clearance for access to the loading area from Penaluna Place shall bedesigned and provided in accordance with the relevant Australian Standards.

9. The on-site Bicycle Parking facilities shall be designed in accordance with AustralianStandard 2890.3-1993 and the AUSTROADS, Guide to Traffic Engineering PracticePart 14 – Bicycles.

10. All external lighting of the site shall be designed, located, shielded and constructedto conform with relevant Australian Standards.

11. All stormwater design and construction shall be in accordance with AustralianStandards and recognised engineering best practices to ensure that stormwater doesnot adversely affect any adjoining property or public road.

12. A detailed landscaping plan shall be provided to the satisfaction of the DevelopmentAssessment Commission prior to the commencement of site works. This shall beimplemented prior to the operation of the development and shall be maintained at alltimes.

13. A bin wash down area shall be provided within the dedicated ground floor wasteroom prior to the occupation of the building.

14. Continual monitoring of soil condition and appearance shall be undertaken duringany site works including the excavation of footings and the trenching of services. Inthe event that any potential soil contamination is detected (discoloured soil or odour)the applicant shall cease all earthworks and notify the Commission. Appropriatetesting and remediation/removal of the soil shall be undertaken in accordance withstandard industry procedures, as advised by an appropriately qualified person, to thesatisfaction of the Commission prior to the recommencement of earthworks upon thesite.

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15. A Construction Environment Management Plan (CEMP) shall be prepared andimplemented in accordance with current industry standards – including the EPApublications “Handbook for Pollution Avoidance on Commercial and ResidentialBuilding Sites – Second Edition” and “Environmental Management of On-siteRemediation” – to minimise environmental harm and disturbance duringconstruction.

The CEMP must incorporate, without being limited to, the following matters:

a) air quality, including odour and dustb) surface water including erosion and sediment controlc) soils, including fill importation, stockpile management and prevention of soil

contaminationd) groundwater, including prevention of groundwater contaminatione) noise

For further information relating to what Site Contamination is, refer to the EPAGuideline: 'Site Contamination – what is site contamination?’.

A copy of the CEMP shall be provided to the Development Assessment Commissionprior to the commencement of any site works.

ADVISORY NOTES

a. The development must be substantially commenced within 3 years of the date of thisNotification, unless this period has been extended by the Development AssessmentCommission. The authorisation will lapse if not commenced within 3 years of the dateof this Notification.

b. The applicant is also advised that any act or work authorised or required by thisNotification must be completed within 5 years of the date of the Notification unlessthis period is extended by the Commission.

c. The applicant has a right of appeal against the conditions which have been imposedon this Development Plan Consent or Development Approval. Such an appeal mustbe lodged at the Environment, Resources and Development Court within two monthsfrom the day of receiving this notice or such longer time as the Court may allow. Theapplicant is asked to contact the Court if wishing to appeal. The Court is located inthe Sir Samuel Way Building, Victoria Square, Adelaide, (telephone number 82040289).

Environmental

d. The applicant is reminded of its general environmental duty, as required by Section25 of the Environment Protection Act 1993, to take all reasonable and practicalmeasures to ensure that the activities on the whole site, including duringconstruction, do not pollute the environment in a way which causes or may causeenvironmental harm.

e. The emission of noise from the premises is subject to control under the EnvironmentProtection Act and Regulations, 1993 and the applicant (or person with the benefit ofthis consent) should comply with those requirements.

EPA information sheets, guidelines documents, codes of practice, technical bulletinsetc can be accessed on the following website: http://www.epa.sa.gov.au.

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Construction

f. The applicant should ensure there is no objection from any of the public utilities inrespect of underground or overhead services and any alterations that may berequired are to be at the applicant’s expense.

g. As work is being undertaken on or near the boundary, the applicant should ensurethat the boundaries are clearly defined, by a Licensed Surveyor, prior to thecommencement of any building work.

h. An Encroachment Permit will need to be separately issued for the proposedencroachment into the public realm when Development Approval is granted. Inparticular your attention is drawn to the following: An annual fee may be charged in line with the Encroachment Policy. Permit renewals are issued on an annual basis for those encroachments that

attract a fee. Unauthorised encroachments will be required to be removed.

i. Pursuant to Regulation 74, the Council must be given one business day's notice ofthe commencement and the completion of each stage of the building work on thesite. To notify Council, contact City Services on 8203 7332.

j. The proponent may need to obtain approval under the regulations for any equipmentor cranes to be used on site that will intrude into prescribed airspace before enteringinto a commitment to construct any building at the site.

Advisory Notes by the Department of Environment, Water and NaturalResources

k. If an archaeological artefact believed to be of heritage significance is encounteredduring excavation works, disturbance in the vicinity shall cease and the SA HeritageCouncil shall be notified.

l. Where it is known in advance (or there is reasonable cause to suspect) thatsignificant archaeological artefacts may be encountered, a permit is required prior tocommencing excavation works.

m. If Aboriginal sites, objects or remains are discovered during excavation works, theAboriginal Heritage Branch of the Aboriginal Affairs and Reconciliation Division of theDepartment of the Premier and Cabinet (as delegate of the Minister) should benotified under Section 20 of the Aboriginal Heritage Act 1988.

Advisory Notes by the Adelaide City Council

n. If temporary hoarding or site works require modification of existing Council and/orSA Power Network’s public lighting (including associated infrastructure such ascabling, etc), these shall meet Council’s requirements at cost of the developer.

o. All damage to ACC’s infrastructure, including damage to public lighting andunderground ducting etc caused by projects works or loading of site crane ontopathways will be repaired to meet Council’s requirements and the cost of thedeveloper.

CONCETTA PARISISENIOR PLANNING OFFICERDEVELOPMENT DIVISIONDEPARTMENT OF PLANNING, TRANSPORT and INFRASTRUCTURE