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 5.7 7 August 2007AMENDED OUTLINE DEVELOPMENT PLAN, VILLAGE DOCKLANDS PRECINCT, 2-46 BATMANS HILL DRIVE, DOCKLANDS

Division Sustainability & Regulatory Services

Presenter Con Livanos, Manager Development Planning

Purpose

1. To advise the Planning Committee of an application to the Minister for Planning for an amendment to the approved Outline Development Plan (ODP) for the Village Docklands Precinct.

2. The Minister for Planning is the Responsible Authority for the application. The City of Melbourne has been asked to provide comments on the amended ODP to the Department of Sustainability and Environment (DSE) for consideration.

3. This application has been presented to Committee at the request of Cr Clarke. A related report on the Docklands community and infrastructure implications of this amendment has also been submitted to the Docklands and Major Projects Committee for its meeting on 7 August 2007.

Summary

Application Number: TPD-2007-14

Proposal: Revise the Outline Development Plan (ODP) for the Village Docklands Precinct to predominately consist of commercial development in lieu of the previous residential development.

Applicant: VicUrban on behalf of Village Docklands Pty Ltd.

Zoning: Docklands Zone 1.

Existing Use: Part of the subject site has already been developed with a residential apartment complex – the remaining site is vacant.

Number of Objections: Nil (exempt from notification requirements).

Recommendation from Management

4. That the Planning Committee note:

4.1. the response provided by Council officers to the Department of Sustainability and Environment (DSE). A copy of the response is at Attachment 1; and

4.2. that the ODP provides guiding design principles only and detailed staged development applications will be referred to the City of Melbourne in the future for further comment.

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Proposal

5. The ODP (essentially a master plan) for Village Docklands in the Batman’s Hill Precinct of Melbourne Docklands was previously approved by the Minister for Planning in 2002. The approved built form proposed six separate freestanding blocks of development, with roads and laneways. One of the six blocks (block 4F) has already been developed with a residential apartment complex. Refer to Attachment 2 for a layout of the previous ODP.

6. Due to property market changes, a revised ODP has been submitted to the Minister for Planning. The revised ODP proposes to move to predominantly commercial development on the balance of the five of the original six blocks yet to be developed, rather than predominantly residential as previously approved in 2002.

7. The proposal under the revised ODP is outlined in the submitted plans at Attachment 3 (including a locality plan) and includes the following details:

7.1. the consolidation of building services, car parking and access via an integrated three level podium structure for the four blocks adjacent to Collins Street (blocks 4A – 4D). This podium structure will have a raised ground plane (i.e. one that is above natural ground level) comprising intersecting north-south and east-west pedestrian laneways, and a new major public space, Batman Place, at their intersection. Batman Place will be an outdoor air, non climate-controlled space with a transparent canopy for wind and rain protection;

7.2. four commercial buildings in four blocks above the podium structure, with varying heights - three towers (Block 4A at 69m, Block 4C at 57m and Block 4D at 148m) and a lower building form (Block 4B at 28m) on the Collins Street frontage;

7.3. a diagonal pedestrian access from the upper Collins Street level near the top of the bridge via a new ‘Lantern Building’ at the north end of the southern half of Goods Shed No. 2. The Lantern Building will provide covered access via escalators and lifts;

7.4. refurbishment of Goods Shed No. 2 to accommodate cafes, restaurants and convenience retail outlets. It will be linked above and below Collins Street to the shed portion retained in the adjacent development parcel to the north;

7.5. Car parking in two separate areas:

7.5.1. integrated podium over Blocks 4A to 4D with parking on two levels and parking on six levels in the lower part of Building 4D (total 1000 spaces); and

7.5.2. freestanding parking on five levels of Building 4E (160 spaces);

7.6. building 4E located south of Brentani Way will also comprise a child care centre and residential units.

8. The implementation of the ODP will be in stages, with the first stage comprising the construction of the podium levels across blocks 4A to 4D, including car parking and building services, and the construction of Building 4A on Collins Street. It is proposed that the completed podium areas will be kept publicly accessible and provided with landscaping until the commencement of subsequent stages.

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Key Issues

9. The following key issues have been identified which forms the basis of the comments from Council officers to DSE:

9.1. land use;

9.2. urban design and the public realm; and

9.3. car parking and traffic implications.

Land Use

10. The subject land is located in the Docklands Victoria Harbour Mixed Use Zone in the “Melbourne Docklands Planning Provisions”, the planning control framework for Docklands. This zone seeks to:

“provide for a range of commercial, residential, recreational, educational, technology and business and leisure uses, within a mixed use environment.”

11. Generally, no planning permit is required for the use of land in the Village Docklands Precinct for a dwelling, hotel, office, and shop provided that the use is identified as being a “preferred land use” in the Docklands Area Planning Provisions.

12. The Provisions specify that residential, shop, leisure, commercial office, hotel and market uses are all preferred land uses for Village Docklands.

13. The proposed range of commercial, residential and recreational uses proposed under the revised Outline Development Plan is therefore entirely consistent with the Melbourne Docklands Area Planning Provisions and the vision for a mixed use precinct.

Urban Design Considerations

14. The Outline Development Plan was referred to Council’s Urban Design branch who offered overall support for the plan.

15. Council Officers identified the following issues (which have been raised with DSE):

15.1. insufficient detail has been provided in the ODP regarding those parts of the site which are to be public land and ultimately managed and maintained by the City of Melbourne as the Municipal Authority. As the design principles within this area are to create a walkable precinct, clear footpaths (free of street furniture and other obstructions) of a minimum of 2.0 width must be provided and it is assumed that the east-west lane, the north-south lane and Batman’s Place (the Public Realm) within the floor blocks adjacent to Collins Street will be privately owned and managed. Therefore, a legal agreement should be entered into to identify all rights the public enjoy over the Public Realm including but not limited to any obligation to open it to the public, provide lighting and keep it in good repair;

15.2. the diagonal pedestrian access from the upper portion of Collins Street is supported, however this results in an increased length of Village Street which will be subject to an ‘undercroft’ condition. Insufficient detail has been provided regarding the design of this space which could be improved through increased activation, the penetration of natural light and lighting/artistic treatments;

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15.3. the “Lantern Building” is shown on elevations to be the same height as Goods Shed No. 2, while other drawings/images show a taller form and therefore clarification of the height has been sought;

15.4. any detailed Development Plan must not cast any shadow across the south bank of the Yarra River between the hours of 11.00am and 2.00pm on 22 June;

15.5. an Environmental Wind Assessment is required to be submitted as part of the detailed development plan for each stage of the project; and

15.6. the revised heights of the buildings are generally supported – similar in nature to the previous ODP with several buildings reduced in height, especially the main tower on Block 4D (reduced to 148m from 180m).

Car Parking and Traffic Impacts

16. The application was referred to Council’s Engineering Services Group who raised a number of concerns which require further resolution, as outlined in the letter to DSE from Council officers. However, they generally supported the proposal and commented that:

16.1. a reduced car parking rate is supported particularly given the site’s proximity to the CBD and reasonably good access to public transport;

16.2. future traffic volumes can be adequately accommodated; and

16.3. the provision of a single loading dock and car park access for the four blocks adjacent to Collins Street is supported, however further details will need to be provided regarding access movements at a future detailed application.

Relation to Council Policy (including Municipal Strategic Statement)

17. Council’s MSS seeks to facilitate the development of a mixed use precinct that links the commercial heart of the Central City and the waterfront in Village Docklands.

18. “Melbourne Docklands Planning Provisions”, the planning control framework for Docklands identifies this area as providing:

“…for a range of commercial, residential, recreational, educational, technology and business and leisure uses, within a mixed use environment.”

Time Frame

19. The Department of Sustainability and Environment referred the application to the City of Melbourne on 31 May 2007 and requested comments within 28 days.

20. Council Officers provided their initial comments to the Department of Sustainability and Environment (DSE) on 10 July 2007 and requested an extension of time to allow time to refer the revised ODP to the Planning Committee and the Major Projects and Docklands Committee (considering broader strategic planning issues) on 7 August 2007. An extension of time has been granted until 8 August 2007.

Consultation

21. DSE sought comments from the City of Melbourne. It is understood that the application was not publicly advertised, noting that there are no notification requirements under the Docklands Zone.

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Attachments: 1. Letter issued to DSE 2. Previous ODP Layout 3. Revised ODP Drawings

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Finance

22. There are no direct financial implications associated with the recommendations contained in this report.

Legal

23. There are no direct legal implications arising from the recommendations of the report.

Background

24. The land subject to the Village Docklands proposal is generally part of the Batman’s Hill Precinct south of the Collins Street bridge through to Wurundjeri Way, east of Batman’s Hill Drive and includes the historic Railway Goods Shed No. 2.

25. There is a substantial grade change across the site, falling from RL 10.2 where the upper level meets the Collins Street bridge, down to RL 2.3 at Batman’s Hill Drive.

26. The Minister for Planning is the Responsible Authority for granting planning approvals for the Docklands area. VicUrban is a Referral Authority under the provisions of the Melbourne Planning Scheme and, as such, all applications are required to be referred to it for comment. Referral Authority status confers power of veto over any planning application decision and any comment made by VicUrban, in its capacity as a Referral Authority, must be accepted and applied by the Minister for Planning (via DSE) in the decision making process including conditions on planning permits.

27. The City of Melbourne has no formal status in the planning approval process for the Docklands area, however for some years it has been involved in the process as a result of a Ministerial protocol which requires that the Council be consulted on all planning proposals.

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Agenda Item 5.7 Planning Committee

7 August 2007

FINANCE ATTACHMENT

AMENDED OUTLINE DEVELOPMENT PLAN, VILLAGE DOCKLANDS PRECINCT, 2-46 BATMANS HILL DRIVE, DOCKLANDS

There are no direct financial implications associated with the recommendations contained in this report.

Joe Groher Manager Financial Services

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Agenda Item 5.7 Planning Committee

7 August 2007

LEGAL ATTACHMENT

AMENDED OUTLINE DEVELOPMENT PLAN, VILLAGE DOCKLANDS PRECINCT, 2-46 BATMANS HILL DRIVE, DOCKLANDS

There are no direct legal implications arising from the recommendations of the report.

Section 3C(1) of the Local Government Act 1989 (“the Act”) provides that:

“the primary objective of a Council is to endeavour to achieve the best outcomes for the local community having regard to the long term and cumulative effects of decisions”.

Section 3C(2) of the Act further provides that in seeking to achieve its primary objective, a Council must have regard to facilitating objectives including:

“to promote the social, economic and environmental viability and sustainability of the municipal district.”

Section 3E(1)(d) of the Act provides that one of the functions of a Council is undertaking strategic and land use planning for the municipal district.

This report is consistent with these objectives and functions.

Kim Wood Manager Legal Services

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