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Attachments 1. Supporting Attachment 2. Locality Plan 3. Selected Plans 4. Delegate Report
1.
Report to the Future Melbourne (Planning) Committee Agenda item 6.3
Ministerial Referral: TPM-2012-2/A 212-222 La Trobe Street and 17-25 Little La Trobe Street, Melbourne
2 February 2016
Presenter: Evan Counsel, Acting Planning Coordinator
Purpose and background
1. The purpose of this report is to advise the Future Melbourne Committee of an Application to Amend Ministerial Permit No. 2011013727 (our ref: TPM-2012-2) at 212-222 La Trobe Street and 17-25 Little La Trobe Street, Melbourne. The permit currently allows for demolition of the existing building and construction of two multistorey buildings (42 storeys La Trobe Street and 56 storeys Little La Trobe Street) to contain dwellings, ground floor retail and the waiver of loading requirements in accordance with the endorsed plans.
2. The Melbourne City Council’s comment on the application has been sought by the Department of Environment, Land, Water and Planning (DELWP).
3. The amendment generally seeks:
3.1 to make alterations to the building envelope and façade detail 3.2 to make alterations the internal floor layout to accommodate 827 student dwellings in lieu of the
approved 413 dwellings 3.3 retain the existing sky-bridge link, but remove the previously approved additional sky-bridge links
and basement link below the Council lane
3.4 construct an additional basement (previously one only) 3.5 remove 20 car parking spaces and provide 168 bicycle spaces within the upper basement level 3.6 amend a number of conditions of the planning permit.
Key issues
4. The key issues with the proposed amendment relate to alterations to the approved building envelope and design resolution, internal reconfiguration of the building for use as student accommodation and changes to the permit conditions.
5. The existing approved development permits towers and a podium, each tower is designed as three angled boxes. The towers were articulated with varied front setbacks and varied angled side boundary setbacks. The amendment seeks to straighten the angled setbacks. This reduces the variations between the sections or ‘boxes’ of the tower. This aspect of the proposal is acceptable subject to a permit condition requiring a Façade Strategy demonstrating improved façade articulation and greater design detail for the podium and tower.
6. The configuration to use the buildings for student accommodation is generally supported subject to conditions. Some of the proposed changes to the conditions of the permit are not supported.
Recommendation from management
7. That the Future Melbourne Committee resolves that a letter be sent to the Department of Environment, Land, Water and Planning advising that Melbourne City Council supports the proposed changes to the internal layout, change of use to student accommodation, external alterations to the tower footprint, deletion of the proposed multi-level sky bridge and reinstatement of the existing sky bridge subject to permit conditions detailed in the Delegate Report (refer Attachment 4).
Page 1 of 37
1.
Supporting Attachment
Legal
1. The Minister for Planning is the responsible authority for determining the application.
Finance
2. There are no direct financial issues arising from the recommendations contained in this report.
Conflict of interest
3. No member of Council staff, or other person engaged under a contract, involved in advising on or preparing this report has declared a direct or indirect interest in relation to the matter of the report.
Stakeholder consultation
4. Council officers have not advertised the application or referred this to any external referral authorities. This is the responsibility of the DELWP acting on behalf of the Minister for Planning who is the responsible authority.
Relation to Council policy
5. Relevant Council policies are discussed in the attached delegate report (refer Attachment 4).
Environmental sustainability
6. Requirements of Clauses 22.19 and 22.23 of the Melbourne Planning Scheme were considered as part of the assessment of the original approval and are not impacted by this application to amend the proposal.
Attachment 1Agenda item 6.3
Future Melbourne Committee 2 February 2016
Page 2 of 37
Locality Plan
212-222 La Trobe Street and 17-25 Little La Trobe Street, Melbourne
Attachment 2 Agenda item 6.3
Future Melbourne Committee 2 February 2016
Page 3 of 37
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Page 4 of 37
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Page 5 of 37
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Page 6 of 37
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Page 8 of 37
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Page 9 of 37
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Page 10 of 37
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Page 11 of 37
CORR
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Page 12 of 37
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Page 13 of 37
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0
2000
6598
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3054
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Page 14 of 37
APPR
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CORR
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Page 15 of 37
APPR
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Page 16 of 37
APPR
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serse
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Page 1 of 16
PLANNING REPORT
MINISTERIAL REFERRAL
Application number: TPM-2012-2/A
DTPLI Application number: 2011/013727A
Applicant / Owner / Architect: Urbis on behalf of Scape Student Living / Tenth Dula Pty Ltd / Denton Corker Marshall Architects
Address: 212-222 La Trobe Street and 17-25 Little La Trobe Street, MELBOURNE VIC 3000
Proposal: S72 Application to Amend Ministerial Planning Permit 2011013727 – Changes to the built form envelope, architectural design resolution and internal layout; use as student accommodation in leiu of dwellings; deletion of the proposed sky bridge and the reinstatement of the existing sky bridge; and amendments to the permit conditions.
Cost of works: $80,000,000
Date received by City of Melbourne:
3 September 2015
Responsible officer: Katherine Smart
1 BACKGROUND
Planning permit 2011013727A (TPM-2012-2) was originally referred to Council on 24 January 2012 for the construction of two towers of 27 storeys (La Trobe) and 40 storeys (Little La Trobe). The Melbourne City Council did not support the proposal and responded to the Minister via a letter dated 24 August 2012. The Minister refused the application in 2014.
The applicant lodged an appeal and Council was joined as a party on the basis that the proposed sky-bridge links were within Council land. As the proposal is exempt from third party appeal rights this was the only avenue in which Council could be joined. Without prejudice conceptual amended plans were circulated prior to mediation. At the VCAT mediation session it was determined that the use of the sky-link bridge over the Council lane has existing use rights and therefore Council did not have third party appeal rights and would be unlikely to be represented at the merits hearing.
An agreement was reached at mediation based on the conceptual without prejudice amended plans.
Through the mediation process an architecturally unresolved, building envelope was agreed upon which is reflected in the without prejudice plans and condition 1 requirements.
Planning permit 2011-013727 (TPM-2012-2) was granted via a VCAT consent order, the Minister issued the permit on 2 April 2015. The permit allows for:
Attachment 4Agenda item 6.3
Future Melbourne Committee 2 February 2016
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Page 2 of 16
Demolition of the existing building and the construction of two multistorey buildings comprising dwellings, ground floor retail and associated works and the waiver of loading requirements in accordance with the endorsed plans.
There are currently no endorsed plans.
The approval, based on the architecturally unresolved plans prepared for the VCAT mediation meeting, generally comprises of two towers being 42 storey (La Trobe Street) and 56 storey (Little La Trobe Street) mixed use buildings.
2 SUBJECT SITE
An inspection of the site and surrounding area was undertaken on 9 December 2015.
The subject site comprises two parcels of land separated by Corporation Lane (CL 0112), which runs parallel to La Trobe and Little La Trobe Streets and has a width of 5.4m.
The site at 212-222 La Trobe Street has a site area of 435m2 and a frontage of 20m to La Trobe Street. The site abuts Council Lane CL0112 to the north.
The land located at 17-22 Little La Trobe Street has a 507m2 area and a frontage to Little La Trobe of 27.53m. This site abuts Council Lane CL0112 to the south and east.
Both properties also abut a north-south ROW on the west side. Although it is used as a public thoroughfare it is in private ownership to the adjoining western property.
Locality Plan
3 THE PROPOSAL
A request under Section 72 of the Planning and Environment Act 1987 was lodged with the Minister for Planning on 31 August 2015 and referred to Council on 3 September 2015. Further information was requested and received by Council on 4 November 2015.
The proposed amendment seeks to vary the conditions within the existing Planning Permit 201101372 as well as proposing to amend the endorsed plans and accompanying documentation (planning, wind, ESD, traffic reports and WMP).
The amendment proposal does not propose a change to the overall height of the previous approval.
The amendments generally relate to the approved built form envelope, the internal layout (allowing for student accommodation), and deletion of the proposed sky
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Page 3 of 16
bridge and the reinstatement of the existing sky bridge. The proposal also seeks to amend conditions of permit.
3.1 Conditions changes:
The application seeks to amend several existing conditions within the planning permit. Including:
Condition 1
o remove reference to the previous architects Jackson Clements Burrows and refer to the current proposed amended DCM plans.
o remove reference to location to neighbouring buildings and location of habitable windows within 10 metres.
o Delete reference to details of access to internal spaces (incl. waste, loading, bike)
o Delete reference to detailed elevation and cross section to show boundaries architectural refinement of the building including bridge link transparency and materials.
o Delete reference to details basement will not be constructed within 1 metre of road surface.
o Delete reference to street canopies to La Trobe and Little La Trobe Streets designed to avoid the lopping of trees.
o Delete reference to the internal redesign of all west facing podium apartments to be provided with a secondary source of light.
o Delete reference to changes to plans required by traffic, Waste management and wind report.
Condition 5-6 – deleted (refers to road discontinuance of Council lane)
Condition 8 and 11 amended to remove reference to previous architects.
Condition 18 amended to change WMP date
Condition 20-23 – deleted (refers to basement car park)
Condition 26 amended (remove reference to lounge and cinema)
Appendix C of the applicant’s report contains a track change version of the existing permit.
3.2 Summary of building envelope changes:
The proposed built form changes can be summarised as follows:
Alterations to the internal floor plates to convert the development from the approved 413 dwellings to accommodate 827 student dwellings;
Retain the existing sky-bridge link, remove the proposed additional sky-bridge links and remove the basement link below the Council lane,
Construct an additional basement (previously one, now two);
Delete all 20 car parking spaces and replace with 168 bicycle spaces within the basement levels;
Provide 508 square metres of common area and 123 square metres of retail land use;
Ground floor to level five of the La Trobe Street tower maintains the same footprint. The previous proposal had varied balconies; the proposed amendment has uniform balconies;
Reduction in the Little La Trobe Street podium from seven stories to six stories;
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‘Squaring off of the tower form as detailed below.
Both approved towers above their podiums comprising of 3 ‘sections’ to a tower. Each ‘section’ had an angled setback from the western and eastern boundaries, the La Trobe Street tower did not provide a setback along its eastern boundary. The proposed building envelopes for the towers have been aligned so that there are no angles differentiating the three ‘sections’.
Approved massing showing angled side setbacks The proposed massing.
The proposed building envelopes for the Little La Trobe Street tower now have a consistent side boundary setback for the lower two sections of the tower (levels 6-44), where the western setback is 5.2 meters and the eastern is 2 metres. The upper section (levels 45-55) are proposed to be setback 7.9 metres from the western boundary and 1.5 metres from the eastern boundary.
These setbacks are consistent with the maximum approved setback, however are now ’squared off’ with no variation to the setbacks as demonstrated below. The red outline demonstrates the approved setbacks, ad the green outline demonstrates the average setback of the approved scheme when ‘squared off’.
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Page 5 of 16
Proposed Floor Plan example of ‘squaring off’ side setbacks.
4 SITE HISTORY
The following planning permits issued for this site and surrounding sites are considered relevant to this application:
TP number Description of Proposal Decision & Date of Decision
TPM-2012-2
Subject site
Details provided at chapter 1. of this report. Permit issued 2.04.15
TPM-2014-10
224 La Trobe Street
Demolition of existing building and construction of a multi storey 287m building
Permit
TP-2013-817
377 Swanston Street
Demolition of existing building and construction of a multi storey building (including student accommodation)
Permit 15.09.2014
TP-2014-934
393 Swanston Street
Demolition of existing building and construction of a multi storey building (including student accommodation)
Permit 17.03.2015
5 PLANNING SCHEME PROVISIONS
The following provisions of the Melbourne Planning Scheme apply:
State Planning Policies
Clause 11 – Settlement
Clause 15 – Built Environment and Heritage
Clause 16 - Housing
Clause 17 – Economic Development
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Page 6 of 16
Clause 18 – Transport
Municipal Strategic Statement
Clause 21.12 – Hoddle Grid
Local Planning Policies
Clause 21.03 – Vision
Clause 21.04 – Settlement
Clause 21.06 – Built Environment and Heritage
Clause 21.07 - Housing
Clause 22.01 – Urban Design within the Capital City Zone (pre amendment C262 version)
Clause 22.02 – Sunlight to Public Places Policy
Clause 22.24 Student Housing Policy
Clause 22.19 – Water, Waste and Energy
Statutory Controls
Capital City Zone Schedule 1
A permit is required to carry out demolition.
A permit is required to carry out buildings and works.
Design and Development Overlay Schedule 10 – Built Form Controls
The transitional arrangements contained in Section 4.0 of the schedule state that the requirements of the schedule do not apply to:
an application made before the commencement of Amendment C262.
This application was made prior to the commencement of C262 and therefore DDO10 does not apply to this application.
Design and Development Overlay 1 A2 – Active Street frontage
A permit is required to carry out buildings and works.
The provisions of the overlay relate to ground level works.
Parking Overlay 1
A permit is required to provide parking in excess of the mandatory maximum rates relating to residential, commercial and retail land uses specified in the overlay.
As no car parking is proposed, there is no permit trigger under this overlay.
Particular Provisions
Clause 52.07, Loading and Unloading of Vehicles
A permit is required to reduce or waive the requirements for the retail component of the proposal.
Clause 52.34, Bicycle Facilities
A permit may be granted to reduce or waive the bicycle parking requirement. 827 dwellings
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Page 7 of 16
165 resident and 82 visitor, a total of 247 spaces are required and 168 spaces are provided.
A reduction is required
Clause 52.35, Urban Context Report and Design Response for Residential Development of Four or More Storeys
Provided
Clause 52.36, Integrated Public Transport Planning
An application for an excess of 60 dwellings must be referred to PTV for comment. The Minister’s responsibility to refer the application
General Provisions
Clause 61.01 –Administration and enforcement of this scheme
The Minister for Planning is the responsible authority for this planning permit application as the total floor area of the development exceeds 25,000 square metres.
6 PUBLIC NOTIFICATION
The application has been referred to the City of Melbourne for comment. Pursuant to Clause 37.04-4 and Schedule number 1, this application is exempt from the notice requirements of Section 52 (1) (a), (b) and (d), the decision requirements of Section 64 (1), (2) and (3) and the review rights of Section 82 (1) of the Act.
7 REFERRALS
The application was referred to the following internal departments which comments summarised:
Urban Design does not support the ‘squaring’ of the building. Support is given to other aspects of the proposal.
Engineering generally support the proposal subject to conditions
Land Survey does not support the removal of conditions 5 and 6 as proposed.
8 ASSESSMENT
The key issues in the consideration of this application are:
Building envelope changes
Land Use including bicycle parking and waste
Interface and setbacks
Sky bridge
Changes to permit conditions
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8.1 Building Envelope Changes
The approved form of the two towers are both based on a podium with three distinct sections to the tower; each building is basically a podium with three sections forming the tower, with varying setbacks. The applicant is not seeking to vary the street setbacks.
Proposed tower form
The applicant is seeking to vary the side setbacks. The approved form had the three tower sections angled at their side setbacks, where the variation between each section, was between zero and two metres. The proposal is to amend the building form by straightening and altering the side boundary setbacks.
This has resulted in reducing the relative variations to the alignments of each of the sections of the towers. For example, the lower and middle sections of the Little Lonsdale Street tower now have no differentiation. The Lonsdale Street tower now has a 1 metre differentiation between each section of the tower.
Council’s Urban Design Branch have stated that they:
‘Do not support the squaring off of the building form unless accompanied by a corresponding increase in the variations between the floor plates and alignments of the various sections of the towers; otherwise the build articulation is weakened.’
It is common practice in the evolving design of a building to rationalise the design. However in this case squaring off the floor plates and reducing transitional setbacks is effectively a ‘dumbing down’ of the building and is not acceptable.
The applicant has provided a 3D image which shows the buildings to retain the four box form through the use of setbacks and materials.
The squaring of the floor plates coupled with the reduction in the physical breaks created by the variations between the sections of the tower will weaken the articulation of the building. Whilst the squaring off of the tower alone is not a poor built form outcome, further design resolution is required in order to ensure the tower form achieves a high quality built form outcome when viewed from the public realm. Should a permit be issued, it is recommended that further design resolution occur in
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consultation with City of Melbourne in order to ensure improved articulation to the tower form.
Condition 8 of the existing permit requires a detailed façade strategy. It is recommended that this condition be amended to reflect the proposed changes to plans. This would include a revised ‘purpose’ of the condition; ‘to improve the façade articulation and design outcome of the podium and tower and ensure that these changes are carried through in the construction of the approved building.’ The façade strategy must be generally in accordance with plans prepared by Scape/Denton Corker Marshall dated 11/08/2015.
8.2 Student Accommodation
The proposal provides for 827 student apartments. Each apartment is self-contained and meets the definition of a dwelling. Clause 74 defines a dwelling as:
A building used as a self-contained residence which must include:
a) a kitchen sink;
b) food preparation facilities;
c) a bath or shower; and
d) a closet pan and wash basin.
‘Accommodation’ (including both student accommodation and conventional dwellings) is as of right / permit not required use in the CCZ1.
The applicant submits that the proposal is for a Student Accommodation use and has provided supporting information to this effect.
The proposal has therefore been assessed against the Melbourne Planning Scheme Student Accommodation Policy, however it is noted that the development could be further subdivided in the future or that the use of the apartments could potentially change over time.
In this case there is clearly a nexus between the built form, the internal layout of the building and the proposed use. Therefore matters such as the internal amenity of the apartments, the size of the dwellings, storage arrangements, bicycle parking and supporting infrastructure for the proposed student accommodation use are relevant planning considerations.
Given the purpose built nature of the proposed building it is considered that should a permit issue that a Section 173 Agreement be required to ensure that the use of the building is restricted to student accommodation and that any change to this would require changes to the internal layout of the building to increase apartment sizes.
The proposal has been assessed against the Student Housing Policy Clause 22.24 and generally complies with the objectives of the policy but falls short in respect to some numerical requirements.
The student housing policy applies to accommodation that is purpose built to accommodate bona fide students while studying at tertiary institutions.
Clause 22.24-1 states that the policy basis includes:
Purpose built student housing has specific requirements compared to other types of dwellings which need to be addressed at the planning permit application stage.
This policy supports purpose built student housing which provides for pastoral care, reduces social isolation and which facilitates social interaction and communication among the students.
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The location and design of purpose built student accommodation needs to be affordable, meet the practical requirements of students, and have convenient walking access to public transport and shops, and convenient access to educational and community facilities. The standards included in this policy are the minimum requirements for student life.
Clause 22.24-2 Objectives require:
To ensure that the internal layout of rooms and communal facilities provide sufficient space and amenity for the reasonable requirements of an active social, work, and private life of the student while promoting social interaction.
To provide a safe, healthy, secure and well managed living environment.
Under Clause 22.24-3 it is policy to provide the following:
Layout, Students’ rooms and Shared Spaces
Some of the student rooms proposed in this development are self-contained in that they provide for bathroom, kitchen and study areas, they rely on shared laundry facilities. Some of the student rooms form a ‘cluster’ where there are individual bedrooms which share a communal area which contains communal kitchen lounge and dining area.
Students’ Rooms
The rooms comply with the design requirements of the policy as follows:
The units are designed as studios, ranging from 12 – 21.6sqm, which complies with the minimum policy of 10.8sqm. Every unit has a window providing direct access to sunlight.
Potential overlooking is addressed in the section on built form and setbacks below.
Given the inner city location of this proposal and the mixed use nature of the development, should a permit issue it will be a requirement that noise attenuation measures are undertaken to ensure habitable rooms in the development will have acceptable noise levels. Condition 24 of the permit requires this.
No separate long term storage space has been provided. The applicant submits that the units have been designed to maximize storage space and enough space is provided for basic necessities.
Shared Facilities
The proposal provides a 36sqm area for a communal laundry on level 1 adjacent to the communal space. Further details are required to ascertain if this area adequately caters for the 827 students.
The main communal areas are on the ground floor and level 1, providing a total area of 508sqm (312sqm and 196sqm). No details have been provided regarding facilities in these areas.
The student accommodation has a dedicated reception and lobby space of 130sqm.
The proposal does not indicate if there is an on-site manager’s living quarters. This can be addressed in a Management Plan.
Waste management will be regulated through a WMP which is has not been approved by Council’s engineering services branch.
The upper level corridors have opportunities to provide direct access to light.
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Communal outdoor space and internal common area
The policy generates a requirement of 2,067sqm of communal outdoor space. The proposal does not provide any.
The policy also generates a requirement of 1,033sqm of internal common areas. The proposal provides 508sqm on the ground and level one of internal common area.
It should be noted that a previous application made by Scape Australia at 393 Swanston Street TP-2014-934, to the east of the subject site, provided common space at the ratio of 0.76sqm per student. This proposal provides 0.6sqm per student.
The proposal does not numerically comply with the policy. However, the provision of a multi-purpose communal area is considered to be an appropriate response to the provision of adequate communal facilities given the scale and density of this development. In addition the other internal common areas, the reception point and the 130sqm lobby area also provide opportunities for interaction and support for the students.
Internal communal and external open spaces have been provided in a way that the spaces are easily accessible and open to natural surveillance and therefore safe spaces.
The responsibility of the common areas should be included in the Management Plan.
Clause 22.24-4 Application Requirements
This Clause requires a Management Plan to be submitted and approved before the use of the student housing commences. A Management Plan should be a condition of permit.
Student Housing Policy Conclusion
The proposed student units and communal spaces have been designed to provide sufficient spaces and a level of amenity to help foster an active social, work and private student lifestyle consistent with Clause 22.24 - Student Housing Policy. A management plan can be prepared to guide the function and operation of the accommodation units as a future permit condition. (Clause 22.24 - Student Housing Policy)
8.3 Interface and Setbacks
Western interface to 250 La Trobe Street:
The revised proposal does not change the podium levels. In relation to 212 La Trobe street, an average setback of 11.7m from the
lower section, 12.8m from the mid section and 13.9m from the upper section of the tower is maintained to the approved building at 250 La Trobe, on average the separation between the two approvals is maintained.
In relation to 17 Little La Trobe Street the tower forms have increase the average separation to 250 La Trobe Street.
Eastern interface to 393 Swanston Street:
212 La Trobe Street remains unchanged, built to the boundary. The mid tower has marginally reduced the setback and the upper level has
reduced the setback by 2.7m to 7.6m from the adjoining property boundary to the east. The applicant has indicated that this reduced setback only impacts on the two upper levels of the approved development at 393 Swanston Street. It is noted that the layout of the approved development at 393
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Swanston Street is such that, although there is a west facing window, the student units are principally north-south facing.
Internal overlooking within the development
The dwellings within the podium levels which front the Council Lane have opportunity for overlooking, this is common within podiums where setbacks to protect overlooking and access to light are not required. Internal screening is possible to protect privacy at these levels.
8.4 Sky Bridge
The resolution of the sky bridge is supported.
8.5 Changes to Permit Conditions
Condition 1a) i) Remove reference to location to neighbouring buildings and location of habitable windows within 10 metres.
No objection to the removal of the condition.
Condition 1a) ii) Details of the arrangement, location and access to internal spaces (incl. waste, loading, bike)
It is considered that the access to waste and bicycle parking require further resolution, and that this condition be maintained.
Condition 1a) iii) all dwellings to achieve min 50sqm
This condition is no longer relevant due to the change in proposed land use to student accommodation.
Condition 1 b) i) Setbacks on elevations and cross sections
No objection to the removal of the condition. These details are provided on the floor plans.
Condition 1 b) ii) Detailed elevation and cross section to show boundaries architectural refinement of the building including bridge link transparency and materials.
This condition is no longer relevant due to the deletion of the proposed sky bridge.
Condition 1 b) iii) Overall height of the building
Justification for the deletion of this condition has not been provided by the applicant and is a reasonable requirement in the documentation for endorsement of this application.
Condition 1 b) iv) details of all external colours materials.
This condition replicates condition 1 b) v) and Condition 8 of the existing permit and can be removed.
Condition 1 c) Details basement will not be constructed within 1 metre of road surface.
Deletion of this condition is supported subject to the proposed new condition requiring further articulation to the tower form, and the retention of Condition 8 (to be amended) requiring greater detail of materials and finishes.
Condition 1 d) Street canopies to La Trobe and Little La Trobe Streets.
No objection to the removal of this condition as the site is not located within a DDO4- weather protection area.
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Condition 1 e) Internal redesign of all west facing podium apartments to be provided with a secondary source of light.
No objection to the removal of the condition given the proposed change of use and associated internal rearrangement of the floor plan.
Condition 1 f) Changes required by the WMP
This condition should be retained as the Waste Management Plan has yet to be resolved to the satisfaction of Engineering Services and changes to the plans may be required.
Condition 1 g) h) Traffic and Wind Report
No justification for the deletion of this condition has been provided. Whilst a statement was provided confirming that the proposed amendment would not alter the wind impacts from the approved conditions, further testing continues to be required and potential wind amelioration measures adopted if necessary in accordance with condition 12 of the permit.
Condition 1 i) Setbacks from façade of Little La Trobe Street
No objection to the removal of the condition.
Condition 5 and 6 Road Discontinuance
Objection to the removal of the condition. An email from the applicant dated 21 December 2015 stated that based on the advice provided by Land Survey, they would like to confirm that they are not looking to delete Conditions 5 and 6 from the planning permit as part of this Section 72 application.
Condition 8 amended and Condition 11 deleted to remove reference to previous architect
The deletion of this requirement is satisfactory subject to a new condition 1 and 8 requiring further design resolution of the tower façade to improve articulation. The proposed architect is well regarded and equally capable of a high quality design outcome.
It is recommended condition 1 and condition 8 be amended to reflect the amended plans and change to the architect.
Condition 18 amended to change WMP date.
As the WMP has not been approved, it is recommended that the condition be deleted and that MCC’s standard condition replaces it:
Prior to the commencement of the development, a Waste Management Plan (WMP) shall be prepared and submitted to the City of Melbourne - Engineering Services. The WMP should detail waste storage and collection arrangements and be prepared with reference to the City of Melbourne Guidelines for Preparing a Waste Management Plan. Waste storage and collection arrangements must not be altered without prior consent of the City of Melbourne - Engineering Services.
Condition 20-23 Basement Car Park
No objection to the removal of the condition.
Condition 26 Amend to remove reference to lounge and cinema
No objection to the removal of the condition.
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8.6 Conclusion
The proposal to amend the external building form by reducing the variations between the various sections (lower, mid and upper sections) of the towers is supported subject to further design resolution to improve building articulation.
The proposal to alter the internal layout of the buildings to accommodate student accommodation is supported subject to a number of conditions including a requirement to provide a 173 agreement to ensure if the student accommodation use ceases, the dwelling sizes are increased.
The proposed resolution of the sky bridge is supported.
The proposal to amend the specified conditions of the planning permit is generally supported with the exception of several conditions, detailed below.
9 OFFICER RECOMMENDATION
That the Future Melbourne Committee resolves that a letter be sent to the Department of Environment, Land, Water and Planning advising that:
‘The Melbourne City Council supports the proposed changes to the internal layout, change of use to student accommodation, external alterations to the tower footprint, deletion of the proposed multi-level sky bridge and reinstatement of the existing sky bridge subject to changes to the endorsed plans and new conditions of permit.
The conditions of permit are recommended to be amended as follows:
1. Before the development starts, including demolition, amended plans to the satisfaction of the Responsible Authority must be submitted to and be approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions and must be generally in accordance with the plans prepared by Scape/Denton Corker Marshall dated 11/08/2015. The plans must be modified to show the following:
a) Details of the arrangement, location and access to internal spaces (ie building services, resident facilities, resident storage, waste room, loading facilities and bicycle facilities).
b) Any changes required by Condition 8 (Façade Strategy) of the permit.
c) Overall height of the buildings in metres including plant and equipment.
d) Any changes required as a result of the Waste Management Plan required by Condition 18 of the permit.
e) Any changes required to the laundry facilities as a result of the submitted documentation required by condition 23 of the permit.
f) Any balcony within the Little La Trobe Street setback must be no deeper than 1.5 metres measured from the façade of the building, and be constructed of lightweight materials and avoid heavy framing elements, the appearance of solidity and enclosure, such that any balconies read as a secondary element to the primary façade.
g) Any changes required by the recommendations made by the amended Wind Report required by Condition 12 of the permit.
These amended plans must be to the satisfaction of the Responsible Authority and when approved shall be the endorsed plans of this permit.
2-7. To be retained as is.
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8. Before the development starts, excluding demolition, a façade strategy (inclusive of colours, materials and finishes) must be submitted to and approved by the Responsible Authority. The purpose of the Façade Strategy is to improve the façade articulation and provide greater design detail for the podium and tower and ensure that these changes are carried through in the construction of the approved building. The Façade Strategy must be generally in accordance with plans prepared by Scape/Denton Corker Marshall dated 11/08/2015. The Façade Strategy should include:
a) A concise description by the architect of the building concept;
b) Coloured elevations or renders from all key perspectives, including adjoining context, to show all main materials and finishes with a code linking them to a materials board.
c) Example elevation details at a larger scale (1:20 or 1:50) which illustrate a typical podium detail, a typical plant screening detail and a typical tower detail along with any special features which are important to the building’s presentation.
d) Cross sections of façade systems, to a similar scale as above.
e) Information about how the façade will be maintained, cleaned or watered (if integral vertical planting is included).
f) A sample board of colours, materials and finishes including type and quality of materials showing their application and appearance.
g) Examples of precedents that demonstrate that the outcome indicated in planning application drawings and perspectives will be able to be constructed to produce a high quality outcome.
The façade strategy must be submitted to and be to the satisfaction of the Responsible Authority and when approved will form part of the endorsed plans.
9-17. To be retained as is.
18. Prior to the commencement of the development, a Waste Management Plan (WMP) shall be prepared and submitted to the City of Melbourne - Engineering Services. The WMP should detail waste storage and collection arrangements and be prepared with reference to the City of Melbourne Guidelines for Preparing a Waste Management Plan. Waste storage and collection arrangements must not be altered without prior consent of the City of Melbourne - Engineering Services.
19. To be retained as is.
20. Delete and replace with new condition as follows:
Prior to the commencement of the development (excluding demolition) on the land, a Student Management Plan in accordance with Clause 22.24-4 of the Melbourne Planning Scheme must be submitted to and approved by the Responsible Authority.
21. Delete and replace with new condition as follows:
Prior to the commencement of the development (excluding demolition,) on the land, the owner of the land must enter into an agreement pursuant to Section 173 of the Planning and Environment Act 1987. The agreement must provide the following:
a) The accommodation provided on the land is to be used for the exclusive accommodation of teachers and students enrolled full time at a secondary or tertiary level educational institution and to be
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vacated within three months of completion of full time studies or teaching.
b) The building to operate at all times in accordance with the Management Plan as required by Condition 1 of this permit to the satisfaction of the Responsible Authority. The Management Plan must establish a set of ‘house rules’ for the use, to be followed thereafter, to the satisfaction of the Responsible Authority. The plan must ensure that a suitably qualified full time manager with responsibility to oversee student behaviour permanently resides on the site and must detail the maintenance, cleaning, garbage storage and collection, supervision and security of the site.
c) The requirements contained in the agreement shall form part of any lease of the premises which the owner of the land under this permit may enter into with another party.
The owner of the land must pay all of the City of Melbourne’s reasonable legal costs and expenses of this agreement, including preparation, execution and registration on title.
NOTE: Any request to amend or remove the 173 agreement relating to the exclusive use of the apartments for teacher and student accommodation, will require an internal rearrangement to provide for larger apartments floor plans.
22. Delete and replace with new condition as follows:
Provision of at least 10 communal share-bikes on site.
23. Delete and replace with new condition as follows:
Details of the laundry facilities and supporting information to clarify that the facilities are sufficient to cater for 827 students.
24-25. To be retained as is.
26. Any recreational facilities within the building must be only accessible to persons who are residents or guests of the residents. It is the responsibility of the management to ensure that access is restricted to persons registered to stay on the premises and their guests who hold a security pass or key to a room on the relevant date.
27-48. To be retained as is.
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