Attachments 1. Supporting Attachment 2. Locality Plan 3. Selected Plans 4. Delegate Report 1

Report to the Future Melbourne (Planning) Committee Agenda item 6.1

Planning Permit Application: TP- 2015-1112 25 – 27 Provost Street, North Melbourne

16 August 2016

Presenter: Evan Counsel, Practice Leader Statutory Planning

Purpose and background

1. The purpose of this report is to advise the Future Melbourne Committee of an application for planning permit seeking to use the land at 25- 27 Provost Street in North Melbourne (refer Attachment 2 - Locality Plan) as a food and drink premises (excluding hotel and tavern), with a maximum of 63 patrons operating 6am to 7pm seven days per week; carry out associated buildings and works including display of signage and reduction in the car parking requirements.

2. The applicant and architect is Eco-Urban Design Studio Pty Ltd, and the owner of the property is Notar Constructions Pty Ltd.

3. The site is currently occupied with a single storey brick warehouse building and was previously occupied by a factory distributing car brake supplies.

4. The site is located within the Mixed Use Zone and is affected by the Heritage Overlay (HO3 North and West Melbourne Precinct) and the Design and Development Overlay Schedule 31 which specifies a mandatory maximum height limit of 10.5 metres.

5. Public notice of the application was undertaken pursuant to Section 52 of the Planning and Environment Act 1987 by posting two notices on the Provost Street and Little Provost Street site frontages and via ordinary mail to adjoining owners and occupiers. The application has received a total of 41 objections primarily relating to the use as a bakery, operating hours, traffic and impact on the amenity of the adjoining residents.

6. In response to the objector’s concerns, the applicant submitted formally amended plans which were received by Council on 18 April 2016. The amended plans show removal of the ‘bakery’ which was shown on the initial plans and modifications of the operating hours. The proposed hours have been amended from 4am to 5pm and are now 6am to 7pm. The amended plans were circulated to all objectors for a 14 day period. No objections were withdrawn, no additional objections were received and nine objectors added to their original submission.

Key issues

7. Key issues to consider include the appropriateness of the proposed use having regard to potential amenity impacts to nearby properties and the proposed hours of operation, patron numbers, waste, car parking and traffic arrangements.

8. Subject to conditions, the proposed use will not result in an unreasonable impact upon the amenity of nearby residents and is supported by the purpose of the Mixed Use Zone.

9. The proposed operating hours and patron numbers are supported. Permit conditions have been included to ensure noise levels will not have unreasonable impact on the amenity of nearby residents.

10. Council’s Engineering Services Branch is satisfied that the traffic and car parking arrangements are acceptable as is the submitted Waste Management Plan.

Recommendation from management

11. That the Future Melbourne Committee resolves that a Notice of Decision to Grant a Permit be issued subject to the conditions set out in the delegate report (refer to Attachment 4).

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1

Supporting Attachment

Legal

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

2. As objections have been received, sections 64 and 65 of the Act provide that the responsible authority must give the applicant and each objector notice in the prescribed form of its decision to either grant a permit or refuse to grant a permit. The responsible authority must not issue a permit to the applicant until the end of the period in which an objector may apply to the VCAT for a review of the decision or, if an application for review is made, until the application is determined by the VCAT.

Finance

3. There are no direct financial implications arising from the recommendations contained within this report.

Conflict of interest

4. 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

5. Formal notification of the application was carried out in February 2016 by notices to the owners and occupiers of adjoining land and by posting 2 signs on the site. Amended plans were circulated to all objectors in April 2016.

Relation to Council policy

6. Relevant Council policies are discussed in the attached delegate report (refer to Attachment 4).

Environmental sustainability

7. An Environmentally Sustainable Design (ESD) statement was provided along with Waste Management Plan and a STORM report indicating that the proposal will achieve the requirements set out in Clause 22.19 of the Melbourne Planning Scheme. Further details of ESD measures are set out in the attached delegate report (refer Attachment 4).

Attachment 1Agenda item 6.1

Future Melbourne Committee 16 August 2016

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Locality Plan

25‐27 Provost Street, North Melbourne

Attachment 2Agenda item 6.1 

Future Melbourne Committee16 August 2016

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Attachment 4

DELEGATED PLANNING APPLICATION REPORT

Application number: TP-2015-1112

Applicant: Eco-Urban Design Studio Pty Ltd

Address: 25-29 Provost Street, NORTH MELBOURNE VIC 3051

Proposal: Use of the land as a food and drink premises (excluding hotel and tavern), buildings and works to carry out external alterations to the facade, construction and display of business identification signage and reduction in the car parking requirements

Date of application: 4 December 2015

Responsible officer: Esha Rahman

1 SUBJECT SITE AND SURROUNDS

The subject site is located on the southern side of Provost Street between Abbotsford and Curzon Streets, North Melbourne. The site backs onto Little Provost Street which runs along the southern boundary and separates the subject site and the adjoining properties to the rear (which front Queensberry Street).

The site is rectangular in shape with frontages of approximately 11 metres, and total site area of approximately 281 square metres.

The site currently contains a single storey brick building which is not graded in the Melbourne City Councils Heritage Study. This building is built boundary to boundary and covers 100% of the site. The building was previously occupied with a factory distributing car brake supplies.

The subject site adjoins a row of single storey heritage dwellings to the west at 31 to 37 Provost Street. These dwellings have access from Little Provost Street.

To the immediate east of the subject site at 19-23 Provost Street, is a single storey brick warehouse building which is occupied with a bicycle retail store. Adjoining this site to its eastern boundary is a row of double storey heritage dwellings.

To the north of the site is Provost Street which contains on-street car parking spaces with parking restrictions between 25 minutes to 4 hours. These restrictions do not apply to residents with parking permits. Across Provost Street is a mix of residential and commercial buildings.

To the south of the subject site across Little Provost Street is the rear of several commercial and residential buildings.

An inspection of the site and surrounding area was undertaken on 5 July 2016.

Attachment 4 Agenda item 6.1

Future Melbourne Committee 16 August 2016

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Attachment 4

Aerial Photo / Locality Plan

Figure 1: Aerial map of subject site.

Figure 2: Photo of subject site as seen from Provost Street.

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Attachment 4

Figure 3: Photo of the adjoining dwellings to the immediate west of the subject site as viewed from Provost Street.

2 BACKGROUND AND HISTORY

2.1 Pre-application discussions

No pre-application meeting were held with Melbourne City Council’s Planning Department prior to the lodging of this planning application.

2.2 Planning Application History

The following applications, listed as considered relevant to the current proposal, have previously been considered for the subject site and/or adjoining sites:

TP number Description of Proposal Decision & Date of Decision

Officer Comment

TP-2012-563 Demolition of existing brick warehouse and construction of 4 three-storey townhouses

Permit 14/6/2013

No extension of time was granted and therefore this permit expired on 14 June 2015.

3 AMENDMENTS DURING THE PROCESS

In response to the concerns raised by objectors, the applicant formally amended the plans by removing the reference to ‘bakery’ and replacing it with ‘Food prep’ area, and modifying the proposed operating hours from being 4am to 5pm seven days a week to being 6am to 7pm seven days a week.

The amended plans were received by Melbourne City Council on 18 April 2016 and are the current plans which form part of the application.

4 PROPOSAL

The application as shown on plans date stamped 18 April 2016 seeks approval to use the existing building as a café (food and drink premises, excluding hotel and tavern) which exceeds 150 square metres in leasable floor area, carry out associated

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Attachment 4

buildings and works including construction and display of business identification signs and seek a reduction to the car parking requirements. Details of the proposal are as follows:

4.1 Use

The cafe will occupy a leasable floor area of approximately 283.06 square metres.

The premises will contain seating for 63 patrons.

Hours of operation proposed are:

o Food preparation will commence at 6.00am and operate through to 7.00pm Monday to Sunday.

o The café will be open to the public at 7.00am and operate through to 7.00pm Monday to Sunday

Maximum of 2 staff will occupy the premises from 6am to 7am. From 7am to 7pm, the maximum number of staff will increase to a total of 4 staff.

The front of the building will contain seating for the customers with a servery, kitchen area and toilets to the rear.

Loading is proposed on site and will be accessed from the rear Little Provost Street.

Construction of a new mezzanine level which will be used for on-site storage.

4.2 External alterations

Existing front windows to be replaced with new fold-up windows.

New entry door with a ‘Cambia’ timber cladding surround.

New render finish to the existing façade in a raw concrete colour.

Replace existing roof with new zincalume roof.

4.3 Signage

Construction of a new internally illuminated business identification sign on the Provost Street frontage of the building adjacent to the new entry door.

The sign will be circular and measure 0.5m in diameter.

The sign will be supported by a 0.24m long steel post which will protrude out from the façade of the building.

The sign will be constructed 3m above ground level.

The sign will contain the business name ‘Provost Fine Food Store’.

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Attachment 4

Figure 4: Proposed internal layout of café (food and drink premises).

Figure 5: Proposed mezzanine level.

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Attachment 4

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Figure 6: Proposed new shop front and sign.

5 STATUTORY CONTROLS

The following clauses in the Melbourne Planning Scheme require a planning permit for this proposal:

Clause Permit Trigger

Clause 32.04

Mixed Use Zone

Pursuant Clause 32.04-2, a permit is required to use the site as a food and drink premises where the leasable floor area exceeds 150 square metres. Pursuant to Clause 32.04-8, a permit is required to construct a building or construct or carry out works for a Section 2 Use.

Pursuant to Clause 32.04-14, the advertising sign requirements are in Category 3 of Clause 52.05. Accordingly, a permit is required to construct and display a business identification sign.

Clause 43.01

Heritage Overlay (HO3 – North and West Melbourne Precinct)

Pursuant to Clause 43.01-1, a permit is required for the following:

Construct a building or construct or carry out works.

Construction and display of a sign

Clause 43.02

Design and Development Overly –

Schedule 31 (North Melbourne Central)

Clause – 43.02. Pursuant to Clause 43.02-2 a permit is required for buildings and works unless exempted by the schedule.

Schedule 31:

Does not exempt the buildings and works from requiring a permit.

Specifies a mandatory height limit of 10.5m.

Clause 45.09 Parking Overlay Schedule 12

This overlay outlines maximum car parking rates for residential development in specific inner city area of Melbourne. As the proposal does not relate to a residential development this overlay is not relevant to the consideration of the application.

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Attachment 4

Clause 52.06

Car Parking

Pursuant to Clause 52.06 a new use must not commence until the required car spaces have been provided on the land.

A permit may be granted to reduce the number of car spaces required. The proposal does not seek to provide any car parking spaces and therefore a permit is required under this provision.

The table at Clause 52.06-5 outlines the following car parking rates for a food and drink premises and restaurant::

Food and Drink Premises: 3.5 car spaces to each 100 sqm of net floor area.

Pursuant to this rate, the proposal has a statutory requirement to provide a total of 11 spaces. A permit is required to reduce this requirement.

Clause 52.07 Loading and Unloading of Vehicles

Pursuant to Clause 52.07 no buildings or works may be constructed for the manufacture, servicing, storage or sale of goods or materials unless space is provided on the land for loading and unloading of vehicles as specified in the table to the clause.

The table outlines the following minimum loading bay dimension for the proposed use:

Area 27.4 square metres

Length: 7.6m

Width: 3.6m

Height clearance: 4.0m

A permit may be granted to reduce or waive the dimensions.

The loading bay located to the rear of the site which is proposed to be used for loading purposes does not comply with the dimensions outlined above and therefore, a permit is required to reduce the statutory requirement.

Clause 52.34 Bicycle Facilities

Pursuant to Clause 52.34 a new use must not commence until the required bicycle facilities have been provided on the land.

A permit may be granted to reduce or to waiver the number of bicycle spaces required.

The table at Clause 52.34-3, outlines the following bicycle spaces to be provided for Retail Premises (which includes Food and Drink Premises):

Employee: 1 to each 300 sqm of floor area available to the public.

Visitor: 1 to each 500 sqm of leasable floor area.

Pursuant to this the proposal has a statutory requirement to provide 1 bicycle space. The submitted traffic report by Ratio outlines the provision of four bicycle spaces on site which satisfies the statutory requirement. However these are not shown in the plans.

6 STRATEGIC FRAMEWORK

6.1 State Planning Policy Framework (SPPF)

The relevant provisions of the SPPF are summarised as follows:

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Attachment 4

• Clause 15.01-1 Urban design which seeks to achieve high quality urban design and architecture that contributes positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties.

• Clause 15.03-1 Heritage conservation which seeks to ensure the conservation of places of heritage significance.

• Clause 17.01-1 Business which seeks to encourage developments which meets the communities needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities.

6.2 Local Planning Policy Framework (LPPF)

6.2.1 Municipal Strategic Statement (MSS)

The relevant provisions of the MSS are summarised as follows:

• Clause 21.16-5 identifies North Melbourne as an area which has a strong residential base as well as commercial and industrial uses. It states that North Melbourne should provide a balance of residential and commercial uses that maintains an emphasis on local community and liveability.

In relation to ‘Economic Development’ and ‘Built Environment and Heritage’, the clause outlines the following policies of relevance:

• ‘Support a mix of uses with retail and small scale business uses and some light industrial uses in the Mixed Use Zone in North Melbourne.

• Ensure that development is sympathetic to the architecture, scale and heritage character of the lower scale areas.’

6.2.2 Local Policies

The relevant local policies are summarised as follows:

• Clause 22.05 – Heritage places outside the Capital City Zone which outlines the following objectives (as relevant):

• ‘To conserve all parts of buildings of historic, social or architectural interest which contribute to the significance, character and appearance of the building, streetscape or area.

• To ensure that new development, and the construction or external alteration of buildings, make a positive contribution to the built form and amenity of the area and are respectful to the architectural, social or historic character and appearance of the streetscape and the area.’

• The Clause outlines a set of performance standards which should be considered when considering applications under the Heritage Overlay.

• Clause 22.07 Advertising Signs which outlines the following objectives (as relevant):

• ‘To allow for the reasonable identification and marketing of institutions, businesses and buildings and communication of messages.

• To protect the characteristics of significant buildings and streetscapes.

• To encourage where appropriate, signs that contribute to the lively and attractive character of an area.

• To encourage signs that improve the quality of the area’.

• Clause 22.17 Urban Design Outside the Capital City Zone which seeks to achieve high quality urban design and architecture.

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Attachment 4

7 PARTICULAR PROVISIONS

The following particular provisions apply to the application:

• Clause 52.05, Advertising Signs

• Clause 52.06, Car Parking

• Clause 52.07, Loading and Unloading of Vehicles

• Clause 52.34, Bicycle Facilities

8 GENERAL PROVISIONS

The following general provisions apply to the application:

• Clause 65, Decision Guidelines, which includes the matters set out in Section 60 of the Planning and Environment Act 1987.

9 PUBLIC NOTIFICATION

Notice of the proposal was given by ordinary mail to the owners and occupiers of adjoining properties and by posting two notices on the Provost Street and Little Provost Street frontages of the site for a 14 day period, in accordance with Section 52 of the Planning and Environment Act 1987.

Pursuant to Section 52 of the Act, notice of the amended proposal, as shown on the current plans date stamped 18 April 2016, was given by ordinary mail to adjoining owners and occupiers and to all objectors who initially objected to the proposal for a 14 day period.

10 OBJECTIONS

The application has received a total 41 objections from owners and occupiers in the surrounding area raising the following concerns (summarised).

• Concerns with the bakery use being a commercial/ industrial use.

• Concerns with 4am opening time for the bakery.

• Impact on existing on-street car parking and increase in traffic volume.

• Noise and odour pollution.

• Footpath seating- noise and smoking.

• Liquor licensing.

• Provost Street is predominantly residential.

• 7 days operation is not appropriate for the area.

• No economic or physical need for another café or bakery.

• Impact on residential amenity.

• Does not support illuminated signage as this will result in light pollution.

• Concerns about waste collection during early hours in the morning.

• Internal works have already been undertaken.

The application received one letter of support from an adjoining resident who outlined that the proposed use ‘will bring vibrancy to the street as it currently has a lot of disused empty small factories/ premises.’

None of the objections were withdrawn as a result of the amended application.

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Attachment 4

11 CONSULTATION

Given the nature of the objections, no further consultation was arranged as it was considered that the issues raised could not be resolved. Should a permit be issued, the relevant planning concerns are addressed via permit conditions.

12 REFERRALS

12.1 Internal

The application was internally referred to Melbourne City Council’s Traffic and Waste Department and the following comments were provided (summarised):

12.1.1 Traffic

It was highlighted by the Traffic Department that as the subject site was previously used as a factory, the site is considered to have an existing credit of 8 car spaces during normal business hours i.e. between 8am to 5pm Monday to Friday. Therefore during the normal business hours, a waiver of 3 car spaces (11 take away 8) will be required for the café. Outside the normal business hours i.e. between 6am to 8am and between 5pm to 7pmon weekdays and weekends, the proposed café generates a statutory requirement of 11 car parking spaces.

Council’s Traffic Engineer was satisfied that the proposal can accommodate additional 11 car parking on street between 6am to 8am as they considered that very few people were expected to drive to the cafe prior to 8am. In addition, almost all of the residents would either be at home or leaving work and would not be looking for parking prior to 8am and therefore, the impact of the staff/customers arriving to park their cars on-street during that time would be negligible.

Council’s Traffic Engineer raised concerns about availability of parking in Provost and Little Provost Streets between the hours of 5pm to 7pm on weekdays and weekends. They were concerned that if some patrons drive to the premises this could have an impact on existing residents finding a parking at these hours when they are likely to come back from work. On this basis, they required the applicant to provide a Traffic and Parking Assessment Report prepared by a qualified and experienced traffic engineering consultant to justify the proposed waiver.

A Traffic Impact Assessment prepared by Ratio Consultants dated 28 June 2016 was submitted by the applicant. The traffic report contains parking surveys which were undertaken between 6am – 7pm Friday 17th and Saturday 18th June, in the area within approximately 250m walking distance of the site. The survey results revealed that:

Between 6am – 7pm on Friday, at least 39 on-street spaces were vacant; and

Between 7am – 7pm on Saturday, at least 59 on-street spaces were vacant.

The traffic report was reviewed by Council’s Traffic Engineering Department who was satisfied with the report and confirmed that they have no objection to the reduction in the car parking requirements due to the following considerations:

The above parking survey results indicate that the parking requirements of the cafe can be accommodated on-street;

The parking survey indicates that the parking occupancy rates are at their lowest levels (between approximately 34 – 52%) prior to 8am;

Reasonable public transport provisions in the area; Difficulty/impracticality of providing on-site parking, given the small floor area; The lack of on-site parking will encourage the use of sustainable transport

modes, including cycling/motorcycling; and

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Attachment 4

A majority of patrons are likely to be generated from the local area & very few are expected to drive to the site.

Engineering recommended the following standard note to be imposed should a permit be issued:

“Council may not change the on-street parking restrictions to accommodate the servicing, delivery and parking needs of this development, as the restrictions are designed to cater for a number of other competing demands and access requirements. However, new parking restrictions may be introduced if considered appropriate by Council. The staff/occupants/customers of this development will not be eligible to receive parking permits and will not be exempt from any on-street parking restrictions.”

Engineering Services had no objection to the size of the loading bay located on site as they considered that this is an existing bay which has been used in the past and it is proposed to continue to use it to undertake small deliveries by cars/vans.

Engineering was satisfied with the number the bicycle spaces provided.

12.1.2 Waste

Melbourne City Council’s Waste Department was generally satisfied with the Waste Management Plan prepared by Leigh Design dated 28 January 2016.

12.2 External The application was not required to be externally referred.

13 ASSESSMENT

The application as shown on plans date stamped 18 April 2016 seeks approval to use the existing building as a café (food and drink premise, excluding hotel and tavern), carry out associated buildings and works including construction and display of business identification signs, and seeks a reduction to the car parking requirements.

The key issues to consider in the assessment of the proposal relates to the appropriateness of the proposed use having regards to the potential amenity impacts to surrounding properties, hours of operation, patron numbers, traffic and waste, appropriateness of the proposed external alterations and the sign.

13.1 Proposed use

The subject site is located in the Mixed Use Zone at Clause 32.04 of the Melbourne Planning Scheme which amongst other things seeks to provide for a range of residential, commercial, industrial and other uses which complement the mixed-use function of the location.

Pursuant to Clause 32.04-2, a food and drink premises which does not exceed 150 square metres in leasable floor area is an ‘as of right’ use in this location and does not require a permit under the zone. A permit is only required for the proposed café as it exceeds the size requirements.

The proposed use is consistent with the purposes of the zone. It provides a commercial//retail use which complements the mixed-use function of the locality.

The plans initially submitted with the application included a small scale bakery located to the rear of the café. The objectors raised concerns in relation to the bakery operation. In response to this, amended plans have been submitted which show removal of the bakery.

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Attachment 4

The subject site adjoins residential properties to its northern, southern and western boundaries. In this instance, the key issue is to consider the potential amenity impacts the proposed cafe will have on the nearby residents.

13.1.1 Hours of operation

The proposed food and drink premises will be open to the public from 7am to 7pm Monday to Sunday. The staff will have access to the premises from 6am to prepare food.

The proposed opening hours to the public are consistent with typical operating hours of a local café allowing for breakfast, lunch and early evening meals.

The 6am operating time for staff to prepare food is not likely to impact on adjoining residential properties because it will be limited to 2 staff and therefore, the noise associated with two staff arriving and preparing food within the premises will be minimal. Furthermore, at 6am, there will be no customers entering and exiting the premises.

Should a permit be issued, condition will be imposed ensuring that waste collection, loading and unloading do not occur between 10pm and 7am the following morning. This will minimise any potential amenity impacts associated with the earlier opening hour.

The 7pm closing time is supported as it will ensure that adjoining residents are not unreasonably impacted at the later hours of the night particularly on weekdays.

13.1.2 Patron numbers and noise

A total of 63 patrons are proposed to be seated within the premises with a total of four staff. All patrons will be confined internally within the premises. In addition, the site is not located directly adjacent to any private open spaces or opposite any habitable room windows.

Public access to the premises is from Provost Street. The entry is located on the eastern side of the building which is adjacent to an existing warehouse building. As such, the noise impacts from patrons entering and existing will be confined to this entry. The entry point is located at a distance of approximately of 9.4m from the nearest adjoining residential dwelling to the west.

There are openable bi-fold windows proposed to the Provost Street frontage of the site. These windows will adjoin the residential dwelling to the west. To minimise any potential noise impacts on this residential property, it is recommended that these windows be closed between 6pm and 9am the following day. Should a permit be issued, this will be imposed as a condition.

To address any potential noise issues in the future, should a permit be issued, a condition will be imposed ensuring that the Responsible Authority, with just cause, may at any time request lodgement of an acoustic report to identify potential noise sources and sound attenuation works required to address any noise issues.

13.1.3 Traffic

Car parking

One of the key concerns raised by the objectors relates to the provision of no car parking on site and the impact this will have on the existing street network.

The café is proposed to close at 7pm every day. Council’s Traffic Engineer has outlined that the proposed café is not typical of restaurant hours which are usually open till late at night i.e. 10pm. As such, they consider it appropriate that the lesser conservative car parking rate outlined in Clause 52.06 of the Planning Scheme which relates to Food and Drink Premises be applied.

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Attachment 4

Pursuant to Clause 52.06, the proposal has a statutory requirement to provide 11 car parking spaces (3.5 spaces to each 100 sqm of net floor area). The proposal does not seek to provide any car parking spaces on site.

As outlined in the Council’s traffic engineering comments, as the subject site was previously used as a factory- car brake supplies, it has an existing credit of 8 car spaces during normal business hours i.e. between 8am to 5pm Monday to Friday. Therefore during these hours, a waiver of 3 car spaces (11 take away 8) will be required for the café. Outside these hours i.e. between 6am to 8am and 5pm to 7pm in weekdays and weekends, the proposed café will be required to provide 11 car parking spaces.

This provision of no car parking on site is supported for the following reasons: A Traffic Report has been submitted which indicates that the parking

requirements can be accommodated on-street. The parking survey indicated that the parking occupancy rates are at their

lowest levels (between approximately 34 – 52%) prior to 8am; The subject site is in the inner city area and has good access to public

transport. The café will be local and therefore it is considered that majority of the

patrons will be from the local area and very few are expected to drive. Given the small area of the site, it will be impractical and difficult to provide

car parking on site. Council’s traffic engineering department is supportive of the proposed reduction. Bicycle spaces To compensate for providing no car parking on site, the proposal provides for 4 bicycle parking which will be provided for staff on site. Pursuant to the bicycle facilities requirements at Clause 52.34, the proposal has a statutory requirement to provide 1 bicycle space. The proposal therefore exceeds the requirements. The plans do not show the location of these spaces on site. The rear of the premises has sufficient space to accommodate these bicycle spaces. Should a permit be issued, a condition will be imposed requiring the spaces to be shown.

Loading bay

There is an existing loading bay located to the rear of the site which will be utilised for the proposed café use. Although the size of this loading bay does not comply with the dimensions outlined in Clause 52.07, Council’s traffic engineer found this bay to be satisfactory for the unloading and loading of goods using small cars/vans.

13.1.4 Waste

The waste storage and collection is proposed via Little Provost Street located to the rear of the site. A Waste Management Plan (WMP) prepared BY Leigh Design dated 28 January 2016 detailing the waste storage arrangements and collection has been submitted. Council’s traffic engineering is generally satisfied with this WMP.

The objectors have raised concerns about waste collection during the early hours in the morning. Should a permit be issued, condition will be imposed restricting the times when waste can be collected. This has been discussed with Council’s Engineering Department who has recommended a revised Waste Management Plan be submitted with the waste collection time being outlined.

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Attachment 4

13.2 External alterations

The proposal also seeks to carry out external alterations to the shop front of the existing building. The external works involves constructing new entry doors, replacing existing windows with new windows, new rendering and replacing existing roof with new roof.

The proposed works are minor cosmetic changes which will improve the visual appearance of the existing building.

In the Melbourne City Council’s Heritage Inventory Study, the existing building is not graded and therefore, the proposed external works does not raise any heritage issues.

13.3 Proposed sign

A small internally illuminated business identification sign circular in nature measuring 0.5m in diameter is also proposed to be constructed on the shopfront. The proposed sign is well matched and integrated with the design of the new shopfront and does not have an imposing presence relative to the host building.

13.4 Objectors concerns not yet addressed

The objectors have also raised concerns in relation to the following:

• Footpath seating- noise and smoking.

• Liquor licensing.

• Internal works have already been undertaken.

A response provided to each of them in turn:

A Street Trading Permit will be required from Council’s Street Trading Department for seating on the public footpath.

The current application does not seek approval to sell and consume liquor on the site. A permit is required to use the land to sell or consume liquor in accordance with Clause 52.27 of the Melbourne Planning Scheme, with any future permit application being subject to public notification.

Pursuant to Clause 62.02-2, a planning permit is not required for the internal rearrangement of a building or works providing the gross floor area of the building is not increased. The proposal seeks to construct a new mezzanine level within the existing roof space which will result in an increase in the gross floor area. The application seeks approval for the mezzanine, however other internal works do not require planning approval.

13.5 Conclusion

It is considered that, subject to conditions, the proposal is consistent with the relevant sections of the Melbourne Planning Scheme, as discussed above.

14 RECOMMENDATION

That a Notice of Decision to Grant a Permit be issued subject to the following conditions:

Use

1. Prior to the commencement of the use and development (excluding any demolition and bulk excavation) on the land, two copies of plans, drawn to scale must be submitted to the Responsible Authority generally in accordance with the plans received on 18 April 2016 but amended to show:

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Attachment 4

a) Location of the four bicycle spaces on-site. These spaces must be easily accessible and designed in accordance with the requirements of Clause 52.34 of the Melbourne Planning Scheme.

b) Any changes in accordance with the Waste Management Plan in condition 2.

These amended plans must be to the satisfaction of the Responsible Authority and when approved shall be the endorsed plans of this permit.

2. Prior to the commencement of the use and development, a Waste Management Plan (WMP) generally in accordance with the WMP prepared by Leigh Design dated 28 June 2016 shall be prepared and submitted to the City of Melbourne - Engineering Services. The WMP must detail the following:

a) Waste storage and collection arrangements.

b) That no waste collection will occur on site between the hours of 10pm to 7am the following morning Mondays to Sundays inclusive.

The Waste Management Plan must 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.

3. The use of any land or building or part thereof as shown on the endorsed plans must not be altered or modified unless with the prior written consent of the Responsible Authority.

4. Except with the prior written consent of the Responsible Authority, the premises must only be open for the use between 7.00am to 7.00pm Monday to Sunday.

5. Except with the prior written consent of the Responsible Authority, the premises must only be open to the staff for food preparation associated with the food and drink premises hereby approved from 6.00am to 7.00pm Monday to Sunday.

6. The maximum number of patrons on the premises must be no more than sixty three (63) at any one time unless with the prior written consent of the Responsible Authority.

7. Except with the prior written consent of the Responsible Authority, the maximum number of staff on the premises must be no more than 2 between 6am and 7am, and a total of 4 between 7am – 7pm Monday to Sunday.

8. The bi-fold windows to the Provost Street frontage of the building must not be open between the hours between of 6pm and 9am the following day to the satisfaction of the Responsible Authority.

9. No amplified live music or entertainment is permitted on the premises without the prior written consent of the Responsible Authority.

10. The Responsible Authority, with just cause, may at any time request lodgement of an acoustic report, prepared by a suitably qualified acoustic consultant. The report must be to the satisfaction of the Responsible Authority and identify all potential noise sources and sound attenuation work required to address any noise issues and to comply with State Environmental Protection Policy N1 and N2. The recommendations of the report must be implemented by the applicant to the satisfaction of the Responsible Authority.

11. At all times when the premises is open for business, a designated manager must be in charge of the premises

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Attachment 4

12. All garbage and waste material must be stored in an area set aside for such purpose to the satisfaction of the Responsible Authority. No goods, garbage, packing material or similar material shall be left outside the venue on adjoining footpaths or roads.

Development

13. The development as shown on the endorsed plan(s) must not be altered or modified unless with the prior written consent of the Responsible Authority.

Advertising signs

14. The location, size, material of construction, colours, wording and degree of illumination of the sign shown on the endorsed plans must not be altered or modified without the prior written consent of the Responsible Authority.

15. The sign, including its/their structure and advertising material as shown on the endorsed plan, must at all times be maintained in good order and condition, to the satisfaction of the Responsible Authority.

16. The sign must not be animated or contain any flashing light.

Permit Expiry:

17. This permit for the use and development will expire if one or more of the following circumstances apply:

a) The development is not started within two years of the date of this permit. b) The development is not completed within four years of the date of this

permit. c) The use is not started within four years of the date of this permit.

The Responsible Authority may extend the permit if a request is made in writing before the permit expires, or within six months afterwards. The Responsible Authority may extend the time for completion of the permit if a request is made in writing within 12 months after the permit expires and the development started lawfully before the permit expired.

18. This permit in relation the sign expires 15 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.

Note:

This Planning Permit has been issued in accordance with the Planning and Environment Act 1987. This Planning Permit does not restrain, limit or otherwise fetter the requirements of the Building Act 1993, Building Regulations 2006, Subdivision Act 1988 and any other relevant legislation, including Local Laws.

The onus is on the property owner, occupier and/or developer to ensure that all necessary approvals have been obtained under separate legislation prior to acting on this Planning Permit, which may include (but is not limited to) obtaining a Building Permit from a Registered Building Surveyor.

Any outdoor dining area may require an Outdoor Cafe Permit under the City of Melbourne's Activities Local Law 2009.

Unless in accordance with a Permit issued pursuant to the provisions of the City of Melbourne Activities Local Law 2009, a person must not in a premises adjacent to a public place sell or offer to sell, or allow to be sold or offered for sale any good or service to a person who is in, on or near a public place.

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Attachment 4

Council may not change the on-street parking restrictions to accommodate the servicing, delivery and parking needs of this development, as the restrictions are designed to cater for a number of other competing demands and access requirements. However, new parking restrictions may be introduced if considered appropriate by Council. The staff/occupants/customers of this development will not be eligible to receive parking permits and will not be exempt from any on-street parking restrictions.

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