P L A N N I N G C O M M I T T E E R E P O R T Agenda Item 5.5 5 February 2008YOUNG AND JACKSON’S HOTEL, 1-7 SWANSTON STREET, MELBOURNE (PLANNING APPLICATION NO. TP-2007-984)

Division Sustainability and Regulatory Services

Presenter Shiran Wickramasinghe, Manager Planning and Building

Purpose

1. To advise the Planning Committee of an application for the removal of the existing “Channel 7” sky sign and the erection and display of an electronic major promotion sky sign.

2. This report is presented to the Planning Committee at the request of Councillor Clarke.

Summary

Application Number: TP-2007-984

Proposal: Removal of the existing sky sign and the erection and display of an electronic major promotion sky sign.

Applicant: Cody Outdoor Advertising Pty Ltd, C/- Fulcrum Town Planning

Zoning: Capital City Zone (Schedule 2 – Retail Core)

Relevant Overlay: Heritage Overlay (Schedule 505 – Flinders Gate Precinct; Schedule 744 ‘Young and Jackson’s Princes Bridge Hotel, 1-7 Swanston Street)

Existing Use: Young and Jackson’s Hotel

Number of Objections: N/A

Recommendation from Management

3. That the Planning Committee issue a Planning Permit for the removal of the existing sky sign and the erection and display of an electronic major promotion sky sign, subject to the conditions contained in Attachment 3.

Background

4. The subject site is located on the south west corner of Flinders and Swanston Street, Melbourne and is known as 1-7 Swanston Street. The site is occupied by Young & Jackson’s Hotel which has occupied the site from the 1860’s.

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5. The Hotel is historically significant, as reflected by its inclusion on the Victorian Heritage Register which notes that:

Young & Jackson’s Princes Bridge Hotel is historically significant as one of Melbourne's oldest, most important and successful nineteenth century hotels. Its popularity was achieved partly because of its occupation of the key corner site facing Princes Bridge and Flinders Street Railway Station. Since the 1920s commercial signs have also played an important role in establishing Young and Jackson's landmark quality…

6. As noted above, commercial signs have been associated with the Hotel from at least the 1920s and since this time, there have been a variety of sky signs approved. More recently:

6.1. the ‘Optus’ sign with a feature ‘Globe’ above the corner of the building, the approval of which expired in 2001; and

6.2. the existing ‘Channel 7’ sign, which comprises of a scrolling LED image mounted on a 2.4 metre high panel which sits one metre above the parapet of the building. Individual letters spelling out ‘Seven News, 7, Melbourne’ are located above the sign and have an overall height of 4.67 metres from the top of the parapet to the top of the sign. The sign presents as a solid band with the letters protruding above. The total sign area is 98.74 m² and the sign extends 23.6 metres along the Flinders Street frontage and 8.3 metres along the Swanston Street frontage. The sign was approved on 30 October 2001 and does not expire until 30 October 2011.

7. During the assessment of the existing ‘Channel 7’ sign, a set of design principles were prepared in consultation with the City of Melbourne and Heritage Victoria to give guidance for future sky signage for the building. The Guidelines, known as the ‘Draft Design Guidelines for Sky Signage, May 2001’ were endorsed by Heritage Victoria. The guidelines have no statutory weight within the Planning Scheme, however it is noted that the planning approval for the existing ‘Channel 7’ sign contains a reference at Condition 2 as follows:

‘The sign(s) must generally accord with the guidelines prepared by Allom Lovell and Associates titled ‘Draft Design Guidelines for Sky Signage May 2001’ to the satisfaction of the responsible authority.’

8. As the Hotel is included on the Victorian Heritage Register, an application for a Heritage Permit has also been submitted to Heritage Victoria. Heritage Victoria have referred the application to Council for comment. To date, they have made no decision on the application before them.

Proposal

9. The proposal involves removal of the existing sky sign and provides for the erection of a roof mounted, major promotion Electronic Message Display (EMD) wrapping around the Flinders and Swanston elevations of Young & Jackson’s Hotel. The proposed display content comprises a co-ordinated cyclic feed of advertisements and promotional public material. The proposed sign will have an image cycle of 8 second intervals. The digital display will be illuminated by high definition LED modules which are weatherproof panels.

10. The permit applicant and sign operator ‘Cody Outdoor’ has also indicated that it would make available a minimum of 10 hours per calendar month of ‘no-media charge’ Electronic Message Display to the City of Melbourne.

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11. The Electronic Message Display sign will be attached to the existing signage frame and will comprise a ‘high resolution digital display’ panel’ concentrated at the corner of the building, which is designed as a perforated tapering strip ribbon which surmounts the building.

12. The display area will extend along the length of both street elevations, wrapping the corner in a smooth arc setback approximately 1700mm from the building face. The overall height of the sign varies to provide a solid 3520mm high corner section (14208mm long) with tapering perforated side flanking sections which step down.

13. The proposed sign is to be fixed above the parapet, incorporating a 1000mm clear separation form the building in a similar manner to the existing sign. The clearance below the sign will be partially screened by the installation of perforated panel up to the position of the existing steel channel beam (approximately 750mm above the parapet).

14. With regard to the sign’s physical dimensions the following can be noted:

14.1. the corner curved section of the sign is 3520 mm high (approximately 150mm below the height of the ‘seven news melbourne’ lettering);

14.2. the corner is solid, while the side panels are perforated by tapering grids of solids and voids;

14.3. the side panels step down to approximately 670mm high at either end; and

14.4. the sign is set at a uniform clearance of 1000mm above the existing parapet level.

15. The overall signage display area is calculated as 89.7m².

Key Issues

16. The critical question regarding this application is whether the proposed electronic major promotion sky sign represents an acceptable outcome in terms of the policies of the Melbourne Planning Scheme, particularly heritage considerations and urban design considerations.

17. The Swanston Street / Flinders Street intersection forms an iconic meeting place with a high level of pedestrian, vehicle and public transport movement. These factors contribute to the popularity and historic legacy of the Young and Jackson’s Hotel for major promotion signage. In recognition of this, proposed Amendment C110 to the Planning Scheme (a revision of local planning policy for Advertising Signs) as adopted by Committee in February 2007, specifically identified the subject site as a secondary location for Major Promotion Signage.

18. In addition, Heritage Victoria has approved guidelines for signage proposals at the subject site, known as the ‘Draft Design Guidelines for Sky Signage, May 2001’. These guidelines specifically contemplate replacement signage. Their objective is as follows:

“…to identify parameters for sky signage on the building based on a consideration of the existing policy provisions for signage within the City and signage to places of heritage significance.”

19. The proposed sign complies with the Guidelines.

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20. It is noted that sky signs are generally discouraged by local policy, however there is a strong precedent for such signage on this site and sky signage is considered to be a historically significant attribute of the place, as reflected by Heritage Victoria Statement of Significance, where it is noted that “…since the 1920s commercial signs have also played an important role in establishing Young & Jackson’s landmark quality…”

21. Council’s Heritage Advisor does not support the proposal, raising the following concerns:

21.1. in the past, there has been a consistent trend in successive signs on the site toward a minimisation of heritage impacts associated with the location and design of such an element on the building;

21.2. in particular, the sign has been set above, behind and physically separate from the façade of the building and the height of solid coloured element of the sign has been decreased, with lettering often treated as a raised ‘sculptural’ element restricted to certain parts of the sign;

21.3. the present proposal is a departure from the approach adopted with regards to signs on this site over the past decade that will result in substantial impacts with regard to the character and appearance of the site and its environs; and

21.4. the proposed signage type goes from the relatively static, low key and dark coloured backdrop provided by the present sign (albeit with a digitised strip at its base) to a sign that will exhibit brightly coloured digital images, a very bright version of a billboard. The images will presumably change at regular intervals. These qualities of the sign and image type, in addition to the increased corner bulk of the proposal, will also add substantially to the visual impact associated with the sign.

22. Council’s Urban Design Branch supports the proposal.

23. The proposed replacement sign is considered to be an improvement to the site than the current ‘Channel 7 sign’ for the following reasons:

23.1. the height of the sign is lower than the height of the “Seven News Melbourne” lettering and the “7” logo on the corner which is presently displayed on the site;

23.2. while there is greater graphic image proposed for the site, as opposed to the black mesh as presently displayed, the overall signage area has been decreased and the proposed sign is a more handsome sign;

23.3. the sign has a 1m clearance from the parapet of the host building, and in this sense, appears to ‘float’ above the existing building, and as such, will not obscure architectural features of the heritage building;

23.4. the sign will not obscure important views identified by the planning scheme (eg. along the civic spine along Swanston street or toward the shrine of remembrance) as it is parallel with both the flinders street and Swanston street frontages; and

23.5. the sign would result in an improved presentation for sky signage on the subject site compared to the existing ‘Channel 7’ sign.

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24. Engineering Services Group considers that the proposed replacement sign provides a lower level of distraction to motorists as the proposed sign does not require the driver to fix their attention to the sign to view the remainder of the message, as is the case with the present scrolling LED message along the Flinders and Swanston Streets. The new sign operates by providing a series of fixed images on a cycle of eight second intervals. ESG noted that this type of image can be considered to be similar to other poster signage which are provided in many locations where high traffic volumes exist.

Relation to Council Policy (including Municipal Strategic Statement)

25. When determining the effect of a proposed major promotion sign, Clause 52.05 (Advertising Signs) of the Planning Scheme directs that the following locational principles must be taken into account:

“Major promotion signs are encouraged in commercial and industrial locations in a manner which complements or enhances the character of the area.”

“Major promotion signs are discouraged where they will form a dominant visual element from residential areas, within a heritage place or where they will obstruct significant view lines.”

“In areas with a strong built form character, major promotion signs are encouraged only where they are not a dominant element in the streetscape, and except for transparent feature signs (such as neon signs), are discouraged from being erected on the roof of a building.”

26. Melbourne’s Municipal Strategic Statement identifies the importance of conserving Council’s unique boulevards, parks, heritage character and public realm as it is a significant part of Melbourne’s attraction. Specifically, an objective of the MSS is to:

“Ensure that advertising signs in the Central City respect the architecture of the building they are on and the character of the surrounding streetscape and ensure they do not dominate the streetscape, building or interrupt the skyline.”

27. The land is located within the Central City Precinct defined in the MSS. The vision for this precinct, as relevant, is:

Important components of the Central City’s built form and public realm have been protected and enhanced, including the Yarra River corridor, significant parks and gardens and the Central City’s significant heritage assets. The creation of a high quality, useable and exciting public realm continues to make the city an attractive and exciting place for workers, residents and visitors. The Central City is also linked to surrounding areas including Southbank, Docklands and other neighbourhood suburbs.

28. The following Built Form strategy is relevant:

Ensure that advertising signs in the Central City respect the architecture of the building they are on and the character of the surrounding streetscape and ensure they do not dominate the streetscape, building or interrupt the skyline.

29. Local Policy Urban Design within the Capital City Zone seeks to ‘enhance the physical quality and character of Melbourne’s streets, lanes and Capital City Zone form through sensitive and innovative design.” Of particular relevance are policy objectives for ‘facades’ which encourages “signs [to be] integrated with the architecture of the building.”

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30. Local Policy Heritage Places within the Capital City Zone notes that the ‘Flinders Gate Precinct’ “…comprises the City’s southern face, a major access point at Princes Bridge, and the specialised commercial district of Flinders Street. The area has been a gateway to the City from the south ever since the first Prince’s Bridge (1841) and Melbourne’s first railway were constructed, …and …includes two of Melbourne’s earliest and best known hotels, the Duke of Wellington (1850) and Young and Jackson’s Princes Bridge Hotel (1854)….” A key attribute of the Precinct is “the traditional gateway to the central city from the south and an area associated with retailing.”

31. Local Policy Advertising Signs (Clause 22.07) sets out objectives and policies relating to advertising signs in terms of general policies, area specific requirements and areas of special character within the Capital City Zone. The policies at Clause 22.07 allow for the identification and promotion of institutions, businesses and buildings and communication of messages while protecting the characteristics of significant buildings and streetscapes and protecting important vistas from obtrusive and insensitive advertising. A number of the general design policies are:

“Signs should be sensitive to the building style and scale and the character of the street.

Signs should fit within architectural forms and be integrated with the design of the building.

Signs should not cause visual clutter. Existing signs on a building or site will be taken into account when assessing new proposals.

Signs should not interrupt important views and vistas along roads leading to and out of the Central City.

Promotion, panel and sky signs are discouraged.

Illumination should be concealed within, or integral to the sign through use of neon or an internally lit light box, or by sensitively designed external spotlighting.”

32. The following objective relates specifically for signs located in Swanston Street:

To emphasise the area’s civic role, maintain the prominence of the public buildings and protect vistas along the street.

33. In exception cases where a sky sign is suitable in the Capital City, the following applies:

33.1. should not be detrimental to the city skyline, street parapet line or architecture of the supporting or adjacent building;

33.2. to be compatible with the scale of supporting building/s and streetscape; and

33.3. signs should cover a minor proportion of the building façade.

Relation to Proposed Amendment C110 – Advertising Signs Policy Review

34. The City of Melbourne resolved at the Planning Committee meeting on 6 February 2007 to request authorisation from the Minister for Planning to exhibit Amendment C110 to the Planning Scheme to incorporate a new local policy for advertising signs (a revision of Clause 22.07 – Advertising Signs).

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Attachments: 1. Location Plan 2. Development Plans 3. Photographs of Former and Current Sky Signage for Young & Jackson’s Hotel 4. Draft Conditions

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35. In the Capital City Zone, the draft policy aims to concentrate major promotion signs in clusters at a limited number of sites, specifically at either end of the Bourke Street mall and at the Bourke and Collins Street intersection in Docklands.

36. In the revised local policy, Major Promotion signage could also be considered at secondary locations, which included the Flinders and Swanston Street intersection, above Young & Jackson’s Hotel. This intersection was also considered an appropriate location for signage as it forms an iconic meeting place with a high level of pedestrian, vehicle and public transport movement, and because the site already accommodated signage. In May 2007, Council was advised that the Minister would not authorise the amendment to go on exhibition. The reasons given were that the amendment would be premature as an Advisory Committee had been established by the State Government to review the State planning provisions for advertising signs.

Time Frame

37. Section 79 of the Planning and Environment Act 1987 (“the Act”) provides that an applicant for permit may appeal to the Victorian Civil and Administrative Tribunal (VCAT) against failure of the Responsible Authority to grant a planning permit within sixty days, commencing from the time further information was provided (if requested within the prescribed period) and excluding the notification period. The application has exceeded the sixty-day time limit and an appeal against failure is now possible.

Consultation

38. An application for advertising signage is exempt from the notice requirements of the Planning and Environment Act 1987, therefore notice of the application was not given.

Finance

39. There are no financial implications arising form this report.

Legal

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

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

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Attachment 3 Agenda Item 5.5

Planning Committee 5 February 2008

1

Photographs of former and current sky signage

1970s

Optus Sign

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Existing Seven News Melbourne sign

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Attachment 4 Agenda Item 5.5

Planning Committee 5 February 2008

1

Proposed Conditions

1. The time for the commencement of the erection or display of the advertising sign hereby approved is two years from the date of issue and the time for completion is specified as two years from the date of such commencement.

2. The signs, including its structure and advertising material therein as shown on the endorsed plans, shall at all times be maintained in good order and condition to the satisfaction of the Responsible Authority.

3. The location, size, material of construction, and degree of illumination of the signs shown on the endorsed plans must not be altered or modified without the written consent of the Responsible Authority.

4. The signs hereby permitted must not be animated or contain any flashing light.

5. The sign must not dazzle or distract drivers due to its colouring.

6. The sign must not be able to be mistaken for a traffic signal (by way of example, the sign must not include items such as red circles, octagons, crosses or triangles).

7. The sign must not be able to be mistaken as instruction to drivers.

8. This permit expires in 10 years from the date of issue, at which time the sign and all supporting structures must be removed and the site made good to the satisfaction of the Responsible Authority.

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Agenda Item 5.5 Planning Committee

5 February 2008

FINANCE ATTACHMENT

YOUNG & JACKSON’S HOTEL, 1-7 SWANSTON STREET, MELBOURNE (PLANNING APPLICATION NO. TP-2007-984)

There are no financial implications arising form this report.

Joe Groher Manager Financial Services

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Agenda Item 5.5 Planning Committee

5 February 2008

LEGAL ATTACHMENT

YOUNG & JACKSON’S HOTEL, 1-7 SWANSTON STREET, MELBOURNE (PLANNING APPLICATION NO. TP-2007-984)

Division 1 of Part 4 of the Planning and Environment Act 1987 (“the Act”) sets out the requirements in relation to applications for permits pursuant to the relevant planning scheme.

Section 61(1) of the Act provides that the Responsible Authority may decide:

“(a) to grant a permit;

(b) to grant a permit subject to conditions; or

(c) to refuse to grant a permit on any ground it thinks fit.”

In making its decision section 60(1)(c) of the Act requires the Responsible Authority to consider, amongst other things, all objections and other submissions which it has received.

Section 79 of the Act provides that if the Responsible Authority fails to grant a permit within the prescribed time an applicant may appeal to the Victorian Civil and Administrative Tribunal. If the applicant does so appeal, section 84 of the Act provides that the Responsible Authority may decide on an application at any time after an appeal has been lodged; however the Responsible Authority must not issue or give a permit, a notice of decision or a notice of refusal after the appeal has been lodged.

Kim Wood Manager Legal Services

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