minutes of planning committee - 24 april 2019

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PLANNING COMMITTEE

MINUTES

24 APRIL 2019

MINUTES - PLANNING COMMITTEE MEETING - 24 APRIL 2019

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MINUTES OF THE PLANNING COMMITTEE OF THE PORT PHILLIP CITY COUNCIL HELD 24 APRIL 2019 IN ST KILDA TOWN HALL

The meeting opened at 7:04pm. PRESENT Cr Pearl (Chairperson), Cr Baxter, Cr Bond, Cr Brand, Cr Copsey, Cr Crawford, Cr Gross, Cr Simic, Cr Voss IN ATTENDANCE Lili Rosic, General Manager City Strategy and Sustainable Development, George Borg Manager City Development, Simon Gutteridge, Planning Team Leader Fishermans Bend. The City of Port Phillip respectfully acknowledges the Yalukut Weelam Clan of the Boon Wurrung. We pay our respect to their Elders, both past and present. We acknowledge and uphold their continuing relationship to this land.

1. APOLOGIES

Nil

2. CONFIRMATION OF MINUTES

MOVED Crs Gross/Pearl

That the minutes of the Planning Committee of the Port Phillip City Council held on 27 March 2019 be confirmed.

A vote was taken and the MOTION was CARRIED unanimously.

3. DECLARATIONS OF CONFLICTS OF INTEREST

Nil


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4. PUBLIC QUESTION TIME

Jennifer Edge

With reference to a recent community safety round-table, what pre-emptive measures regarding infrastructure (in particular varying pit covers, signage, street tree support stakes, and other related infrastructure) including regular audits, along with reviewing channels to improve participation by utility providers (Vic Roads, Telstra) any other City of Port Phillip departments, stakeholders or power brokers to ensure fast efficient and effective remedy, are going to be undertaken by the City of Port Phillip?

Councillor Pearl advised that as this question is not related to a planning matter, it cannot be accepted at a Planning Committee meeting. Councillor Pearl advised that the question would be processed as a general Council question.

5. COUNCILLOR QUESTION TIME

Nil.

6. PRESENTATION OF REPORTS

Discussion took place in the following order:

1 6-70 Buckhurst Street, South Melbourne (10/2013/MIN/B)

2 Statutory Planning Delegated Decisions - March 2019


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6.1 6-70 Buckhurst Street, South Melbourne (10/2013/MIN/B)

Purpose

1.1 To provide a Council position on Ministerial Application 2013005499-2 at 6-70 Buckhurst Street South Melbourne, to amend the existing permit under Section 72 of the Planning and Environment Act 1987 including the alteration of plans, permit conditions and permit preamble.

The following speakers made a verbal submission in relation to this item:

Will Pearce

Mr Pearce addressed the Committee as the applicant for the proposed development. Mr Pearce spoke in support of the officers recommendation and spoke to the applicants intentions for the site.

MOVED Crs Voss/Brand

3.1 That Council advises the Minister (C/- the Department of Environment, Land, Water and Planning) that Council supports the amended application subject to revisions to the preamble and conditions.

Amended preamble

The preamble to be:

Demolition of the existing buildings and construction of a five (5) staged multi-storey mixed-use buildings comprising residential apartments, and office and ground floor retail premises, and use of the land for dwellings and a Child care centre, and a reduction in the number of car parking spaces required for the Child care centre

Amended conditions

The conditions to be (with changes shown underlined and/or bold):

Master Plan

1. Before the development starts, including demolition, a master plan must be submitted to the satisfaction of the Responsible Authority and be approved by the Responsible Authority. When approved, the Master Plan will be endorsed and will then form part of the permit. The Master Plan must be drawn to scale with dimensions and three copies must be provided. The Master Plan must generally be in accordance with that submitted with the application but modified to show the following:

a) Principles and criteria for public realm and building design including the proposed north south link, podium, tower, internal amenity, staging, and sustainability.

b) A staging plan with all public and private areas delineated, including details of the north-south through block link and its dimensions.


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c) Reduction in overall height of the towers 1 & 4 to 30 storeys (approximately 100 metres). This should maintain the sculptural variation of the tower skyline and visual interest.

d) Provide consistent podiums to street edges with tower setbacks. In particular, the podium for Tower 4 adjacent to Kerr Street should be introduced in lieu of an open space, while maintaining the tower form above it its current location.

2. The overall concept of the development as shown in the Master Plan must not be varied to increase the number of towers, nor can the location of the through block link be changed.

Legal Agreement

3. Before the development starts, including demolition, or as otherwise agreed to by the Responsible Authority, the owner of the land must enter into legal agreement(s) under Section 173 of the Planning and Environment Act 1987 to ensure that the overall development of the land is in conformity with the approved master plan (or as modified from time to time), provide access to the through block link and provide for a strategy associated with temporary use and/or landscaping of the site, or part of the site, in the event that it is left vacant for an extended period of time and provide for other matters. The Owner(s) must pay all of the reasonable costs and expenses of the agreement(s) and are required to be executed as follows:

a) be at no cost to the Responsible Authority or the City of Port Phillip;

b) be registered on the relevant certificate(s) of title to which it affects;

c) require that the development of the land be undertaken in conformity with the approved master plan and this planning permit;

d) provide for public access to the created laneway and be accessible at all times (24/7);

e) provide for the construction of the internal laneway following demolition;

f) provide for in the event that construction activity has not commenced within a 6 month period following completion of demolition and the construction of the internal laneway that temporary works and/ or landscaping are undertaken; and

g) refute potential possession claims regarding the above.

Demolition Plan

4. Before any Stage of the development starts, a detailed Demolition Plan of that Stage must be submitted to and approved by the Responsible Authority. This plan must show the extent of demolition of existing buildings and works, the staging of demolition, if any, and how the balance of the site will be maintained until it is to be developed. The Demolition Plan(s) endorsed under this permit must not be altered without the written consent of the Responsible Authority.

5. Prior to the commencement of demolition for any stage of the development, a detailed Demolition Management Plan for that stage must be submitted to and approved by the City of Port Phillip. This


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Demolition Management Plan may be staged and is to consider the following, as applicable:

• The proposed methods of demolition and how retained buildings and works will be protected.

• Operating hours, noise and vibration controls.

• Hoardings and site security.

• Air and dust management.

• Stormwater and sediment control.

• Waste and material reuse.

• Traffic management.

• Public safety, amenity and site security.

6. Demolition for any stage of the development must not commence unless the Responsible Authority is satisfied that the permit holder has made substantial progress towards obtaining the necessary building permits for that Stage of the development of the land generally in accordance with the development proposed under this permit and the permit holder has entered into a bona fide contract for the construction of that Stage of the development, or otherwise as agreed with the Responsible Authority. Demolition may be permitted prior to satisfying this condition, if required for site contamination testing and remediation purposes to the satisfaction of the Responsible Authority.

Detailed Development Plans

7. Before the commencement of any stage of development, excluding demolition and site preparation works, amended plans 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 three copies must be provided.

For Stage Zero, the plans must generally be in accordance with the built form outcomes as shown in the plans prepared by Tezuka Architects dated 04 December 2018 marked A0010 - Rev 01, A0011, A0012 Rev 01, A0020 Rev 01, A0021 Rev 01, A1000, A1001 Rev 01, A1002 Rev 01, A1010 Rev 01, A1011 Rev 01, A1012 Rev 01, A1013 Rev 01, A1014 Rev 01, A2000 Rev 01, A2001 Rev 01, A2002 Rev 01, A2003 Rev 01, A2004, A2010 Rev 01, A2011, A3000 Rev 01, A3001 Rev 01, A3002 Rev 01, A3003 Rev 01, A0040, A4001, A4002, and A4003 Rev B. but modified to show the following:

(a) Revisions, generally in accordance with discussion plans entitled South Melbourne, Emerald Place Architectural Drawing Revision 01 Issue Date 0418.03.2019, Drawing Nos. A0010, A0011, A0012, A0020 Rev 01, A0021 Rev 01, A1000, A1001, A1002, A1010 Rev 03, A1011 Rev 01, A1012 Rev 01, A1013 Rev 01, A1014 Rev 01, A2000 Rev 02, A2001, A2002 Rev 02, A2003, A2004, A2010 Rev 02, A2011 Rev 02, A3000 Rev 02, A3001 Rev 02, A3002 Rev 02, A3003 Rev 01, A4000, A4001, A4002, and A4003, all dated


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18/03/19, prepared by Tezuka Architects, date stamped received by Council on 20 March 2019, but with further changes as follows:

(b) The Fire Booster adjacent the Buckhurst Street crossover reduced in depth to 600mm to achieve a satisfactory pedestrian sight splay.

(c) The lower seven car spaces notated for Child care centre staff;

(d) The upper thirteen car spaces notated for Child care centre patron parking;

(e) Car spaces signed ‘Çhild care and Recreation centre patrons only’.

(f) Plan notations for all switches and electrical boxes to be installed no lower than 3.0m to AHD.

(g) Any changes necessary to meet Melbourne Water floor level and flood mitigation requirements in the corresponding conditions below.

(h) Deletion of the under croft open space facing Kerr Street and replacement with retail / commercial tenancies incorporating at grade floor levels and flood proof building methods and techniques;

(i) Details of storm water capture, retention, re-use and flood mitigation measures;

(j) Building services relocated or redesigned and architecturally resolved to minimise visibility from any street;

For Stages 1-4, the plans must be generally be in accordance with the built form outcomes as shown in the plans prepared by Fender Katsalidis Architects dated 31 May 2017 marked TP 050 – TP 052 revision 2; TP099 - TP 110 revision 3; TP 201 - TP 203 revision 2; TP 210 revision 2; TP 301 revision 2; TP 302 revision 1; TP 310 revision 2; TP311 revision 1; TP400 revision 2; TP 410 - TP411 revision 2; TP412 revision 1; TP413 revision 1; TP450 revision 2,TP500 revision 2 and be consistent with the master plan but modified to show the following:

a) Existing conditions, topography (including levels) and infrastructure provision.

b) Design details for tower and podium interfaces to the street and internal laneway network including plans, elevations, and sections at a scale of 1:200 with detailed facade segments at 1:100 or alternative suitable scale. The drawings must include the location, height, dimensions, title boundaries, Reduced Levels (RLs) to Australian Height Datum (AHD) on all finished floors and elevations, and the parapet of all walls, detailed elevations including activated frontages.

c) The layout of all car parking and loading/unloading areas showing the arrangement of spaces and access aisles.

d) The indicative flood level site plan to include a minimum finished floor level as outlined in the corresponding conditions from Melbourne Water.


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e) Details of vehicle and pedestrian access and management of movement.

f) Any amendments required to incorporate the recommendations of further wind climate assessment reports required in the corresponding condition below.

g) Facade strategy and materials and finishes as required in the corresponding conditions below.

h) Any design changes as a result of further the ESD reports in the corresponding condition below.

i) Provide a loading bay with the minimum dimensions required under Clause 52.07 of the Port Phillip Planning Scheme.

j) Any requirements/ recommendations of the traffic report as required in the corresponding conditions below.

k) Any changes necessary to comply with the City of Port Phillip Waste Guidelines and amended Waste Management Plan in the corresponding condition below.

Layout Not Altered and Completion

8. The use or development as shown on the endorsed plans must not be altered in any way without written consent of the responsible authority.

9. Once each stage of development has started it must be completed to the satisfaction of the Responsible Authority.

Materials and Finishes

10. Before each stage of the development starts, excluding demolition and bulk excavation, a facade strategy must be submitted to and approved by the Responsible Authority. The facade strategy for the redevelopment must be generally in accordance with the Master Plan endorsed in accordance with condition 1 and include a schedule of material, finishes and details, including but not limited to the colour, type of materials (and quality), construction and appearance. The strategy must illustrate the legibility of the proposal from short and distant views, including the extent of façade pattern, level of colours and the ability to provide richness, saturation and depth. This can be provided through montages from various vantage points and/or a built model. The facade strategy must be submitted to and be to the satisfaction of the Responsible Authority and when approved will form part of the endorsed plans.

11. Before each of stage of the development starts, excluding demolition and bulk excavation, a sample board including a colour rendered and notated plan /elevation that illustrates the location and details of all external materials and finishes must be submitted to and be to the satisfaction of the Responsible Authority and when approved will form part of the endorsed plans. All finishes and surfaces of all external buildings and works, including materials and colours must be in conformity with the approved schedule to the satisfaction of the Responsible Authority.

12. An architect with qualifications and experience to the satisfaction of the Responsible Authority must be retained to complete and provide


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architectural oversight for Stage 1 during construction of the detailed design as shown in the endorsed plans and endorsed schedule of materials to the satisfaction of Responsible Authority.

13. Except with the consent of the Responsible Authority, all external glazing must be of a type that does not reflect more than 20% of visible light when measured at an angle of incidence normal to the glass surface.

Melbourne Water Stage 1 to 4 Requirements

14. The proposed central laneway is to be graded and constructed to a level of 2.40 metres to Australian Height Datum (AHD).

15. All commercial and retail spaces are to be constructed with floor levels as follows:

a. Stage 1 - entry level 1.8 metres AHD, rising to a commercial floor level of 2.4 metres AHD

b. Stage 2 - entry level 1.8 metres AHD, rising to a commercial floor level of 2.4 metres AHD

c. Stage 3 - entry level 1.6 metres AHD, rising to a commercial floor level of 2.4 metres AHD

d. Stage 4 - entry level 1.6 metre AHD, rising to a commercial floor level of 2.4 metres AHD.

16. Residential lobbies and lift lobbies are to be constructed with a finished floor level no lower than 3.00 metres AHD.

17. The Gas Room, Sub Station, Fire Pump Room for Stage 01 - 4 Buildings are to be constructed with finished floor levels no lower than 3.0 metres AHD.

18. Commercial Bin Store and Residential Bin Store areas for Stage 01 to Stage 4 buildings are to be constructed with floor levels no lower than 1.6 metres AHD.

19. No polluted and / or sediment laden runoff is to be discharged directly or indirectly into Melbourne Water's drains or water courses.

20. The internal building car parking areas are to be protected from flooding by incorporating a flood proof apex on each building by ramping to a minimum level of 3.0 metres (AHD) to ensure all car parking areas are protected from existing flooding or the impacts of flooding from sea level rise.

Amended Wind Report

21. Before each Stage of the development starts, excluding demolition and site preparation works, an amended comprehensive wind tunnel test and environmental climate assessment report to assess the detailed development plans, generally in accordance with the report prepared by Mel Consultants, dated April 2013, must be undertaken and submitted to the Responsible Authority in consultation with the City of Port Phillip. The amended report relating to the detailed development plans of any Stage must:


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a) Include wind tests taken at various points within the surrounding road and laneway network, including proposed laneway and podium rooftop spaces, carried out on a model of the approved building inclusive of the modifications required to determine the wind impacts of the development and provide recommendations for any modifications which must be made to the design of the building to improve any adverse wind conditions within the public realm;

b) All publically accessible areas, including footpaths must fall within safe ‘walking criteria’ (wind gusts below 16 metres/second within the specified 0.1 percentile)

c) All external waiting areas, including building entries and shop fronts, must fall within short term stationary criteria (wind gusts below 13 metres/second).

d) All public and private seating area, including parks and outdoor cafes, must fall within long term stationary criteria (wind gusts below 10 metres/second).

Any further modifications required to the development in order to ensure acceptable wind conditions to the surrounding streets and public areas must be carefully developed as an integrated high quality solution with the architectural design and must not rely on street trees or wind amelioration screens within the public realm to the satisfaction of the Responsible Authority.

Noise Attenuation

22. Before each Stage of the development starts, excluding demolition and site preparation works, an acoustic report prepared by a qualified acoustic consultant must be submitted to and be to the satisfaction of the Responsible Authority. The report must provide for noise attenuation measures to achieve a maximum noise level of 45dB(A)Leq in unfurnished and uncarpeted habitable rooms with all windows and doors closed, unless there is no suitable air conditioning and/or mechanical ventilation, in which case the maximum noise level of 45dB(A)Leq in unfurnished and uncarpeted habitable rooms must be achieved with all the windows half open and the doors closed. The report must be based on average external noise levels measured as part of a noise level assessment. The recommendations in the approved acoustic report must be implemented, at no cost to the Responsible Authority, prior to the occupation of the dwellings.

Development Contribution

23. Before the development starts, excluding demolition and site preparation works, the owner of the land must enter into agreement(s) pursuant to Section 173 of the Planning and Environment Act 1987 with the Responsible Authority and make application to the Registrar of Titles to have the agreement(s) registered on the title to the land under Section 181 of the Act to the satisfaction of the Responsible Authority. The agreement(s) must:

a) Require the developer to pay a development contribution of:


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•$15,900 per dwelling

•$180 per sqm of gross commercial floor area

•$150 per sqm of gross retail floor area,

or other amount outlined within an approved development contribution plan to the satisfaction of the Responsible Authority.

b) Require that development contributions are to be indexed annually from 1 July 2015 using the Price Index of Output of the Construction Industries (Victoria) by the Australian Bureau of Statistics.

c) Require registration of the Agreement on the titles to the affected lands as applicable.

d) Include a schedule of the types of infrastructure to be delivered by the Responsible Authority.

e) Confirm that contributions will be payable to the Responsible Authority.

f) Confirm that the contributions will be used by the Responsible Authority, to deliver the schedule of types of infrastructure.

g) Require that payments of 10% is at the time of building permit issue for each stage and 90% made prior to the issue of a statement of compliance for each stage in accordance with the Subdivision Act 1988.

h) Confirm the procedure for refunding monies paid if an approved development contribution plan for the area is less than the amount stipulated in the Section 173 agreement.

i) The agreement must make provision for its removal from the land following completion of the obligations contained in the agreement.

j) Require a bank guarantee to the value of 50% of the development contribution must be deposited with the Responsible Authority prior to the commencement of any works. The bank guarantee will be returned upon full payment of the development contribution.

The owner of the land to be developed must pay all reasonable legal costs and expenses of this agreement, including preparation, execution and registration on title.

Construction Management Plan

24. Before the commencement of each stage of the development, excluding demolition and site preparation works; a detailed Construction Management Plan (CMP) must be prepared and be approved to the satisfaction of the City of Port Phillip. The CMP must address the following, where applicable:

•Staging of construction.

•Management of public access and linkages around the site during construction.

•Site access and traffic management (including any disruptions to adjoining vehicular and pedestrian access ways).

•Any works within the adjoining street network road reserves.


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•Sediment control and site drainage.

•Hours of construction.

•Control of noise, dust and soiling of roadways.

•Discharge of polluted waters.

•Street trees.

•Collection and disposal of building and construction waste.

•Environmental Audit

Environmental Audit

25. Before the development starts (or the certification or issue of a Statement of Compliance under the Subdivision Act 1988), with the exception of any works required by the Auditor, the Responsible Authority must be provided with:

a) A Certificate of Environmental Audit in accordance with Section 53Y of the Environment Protection Act 1970; or

b) A Statement of Environmental Audit under Section 53Z of the Environment Protection Act 1970. A Statement must state that the site is suitable for the use and development allowed by this permit.

Where a Statement of Environmental Audit is provided, all the conditions of the Statement of Environmental Audit must be complied with to the satisfaction of the Responsible Authority, prior to commencement of use of the site. Written confirmation of compliance must be provided by a suitably qualified environmental professional or other suitable person acceptable to the responsible authority. In addition, sign off must be in accordance with any requirements in the Statement conditions regarding verification of works.

If there are conditions on a Statement of Environmental Audit that the Responsible Authority considers require significant ongoing maintenance and/or monitoring, the applicant must enter into a Section 173 Agreement under the Planning and Environment Act 1987. The Agreement must be executed on title prior to the commencement of the use and prior to the issue of a Statement of Compliance under the Subdivision Act 1988. The applicant must meet all costs associated with drafting and execution of the Agreement, including those incurred by the Responsible Authority.

Environmentally Sustainable Design (ESD)

26. Before each Stage of the development starts, excluding demolition and site preparation works, an Environmentally Sustainable Design report by an accredited professional must be submitted to and approved by the Responsible Authority demonstrating a minimum 4-Star Green Start Design and As-built (or equivalent) energy rating. The report must document the energy efficiency measures and techniques integrated into each stage, including details of any Water Sensitive Urban Design. The development must comply with this report. The details of the report must not be altered unless with the prior written consent of the Responsible Authority.


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Traffic Management, Car Parking, Loading and Unloading & Bicycle Facilities

27. Before each stage of the development starts, excluding demolition and site preparation works, a traffic engineering assessment including functional layout plans and other supporting information as appropriate must be prepared to the satisfaction of the City of Port Phillip.

28. The internal design of the car park and loading docks, the positioning of boom gates, card readers, control equipment, including car park control points, and ramp grades must be generally in accordance with the Australian and New Zealand Standard 2890.1-2004.

29. The loading and unloading of vehicles and delivery of goods to and from the premises must at all times take place within the boundaries of the site and should not obstruct access to the car park of the development to the satisfaction of the Responsible Authority.

30. Bicycle parking and facilities must be provided, located and appropriately signed generally in accordance with Clause 52.34 of the Port Phillip Planning Scheme to the satisfaction of the Responsible Authority.

Waste Management

31. Before each stage of the development starts, excluding demolition and site preparation works, a Waste Management Plan (WMP) must be submitted to and approved by the City of Port Phillip. The WMP should detail waste storage and collection arrangements and these arrangements must not be altered or modified without the prior consent of the City of Port Phillip.

32. No garbage bin or surplus materials generated by the permitted use may be deposited or stored outside the site and bins must be returned to the garbage storage areas as soon as practicable after garbage collection.

Mechanical Exhaust Systems

33. All mechanical exhaust systems for the car park hereby approved must be located and sound attenuated to prevent noise and general nuisance to the occupants of the surrounding properties, to the satisfaction of the Responsible Authority.

Building Appurtenances

34. All building plant and equipment on the roofs, balcony areas, common areas, public through fares are to be concealed to the satisfaction of the Responsible Authority. The construction of any additional plant, machinery or other equipment, including but not limited to all service structures down pipes, aerials, satellite dishes, air-conditioning, equipment, ducts, flues, all exhausts including car parking and communications equipment must include appropriate screening to the satisfaction of the Responsible Authority.

35. Any satellite dishes, antennas or similar structures associated with the development must be designed and located at a single point on each building in the development to the satisfaction of the Responsible


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Authority, unless otherwise approved to the satisfaction of the Responsible Authority.

3D Model

36. Prior to the commencement of the development other than demolition and site preparation works, a 3D digital model of the overall development and its immediate surrounds, as appropriate, must be submitted to the Responsible Authority and be to the satisfaction of the Responsible Authority in conformity with the technical conditions specified by the Responsible Authority.

In the event that substantial modifications are made to the overall development a revised 3D digital model must be submitted to and be to the satisfaction of the Responsible Authority.

Drainage / Recycled Water / Infrastructure

37. Before each stage of the development, excluding demolition and site preparation works, a detailed plan showing the proposed stormwater drainage system design must be submitted to and approved by the City of Port Phillip. The plan must have regard to the Best Practice Environmental Management Guidelines for Urban Stormwater and incorporate water sensitive urban design principles. The stormwater drainage system must be constructed for the development and provisions made to connect this system to Council's underground stormwater drainage system and, where necessary, upgrade the system to accept the discharge from the site in accordance with plans and specifications first approved by the City of Port Phillip.

38. The development must include dual reticulation and a connection point to connect to a potential future precinct scale alternative water supply via a third pipe network unless otherwise agreed to by the relevant water authority.

Landscaping

39. A plan for landscaping, paving and planting of public and communal areas within the proposed development must be submitted to the Responsible Authority and be approved prior to the completion of each Stage to the satisfaction of the Responsible Authority. The plan for Stages 1 and 2 and/or 3 and 4 must include landscaping of the through block link and show how the roof top open spaces and gardens are designed to accord with the requirements of the Master Plan.

40. Any trees in the adjoining streets which are shown on the endorsed plans to be removed, relocated or replaced must not be removed, lopped or pruned without the prior consent of the City of Port Phillip. All costs in connection with the removal/relocation or replacement of the trees must be met by the developer.

Advertising Signs

41. No further advertising signs shall be erected, painted or displayed on the land without the permission of the Responsible Authority unless in accordance with the provisions of the Port Phillip Planning Scheme.


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Public Areas

42. All public lighting should conform to AS1158, AS3771 and the Public Lighting Code September 2001 and must be designed, baffled and located to the satisfaction of the Responsible Authority.

43. The owner of the subject land must reconstruct the footways adjacent the subject land in accordance with plans and specifications first approved by the City of Port Phillip.

Permit Expiry:

44. In accordance with section 68 of the Planning and Environment Act 1987, this permit will expire if one of the following circumstances applies:

•The development is not started by 01 September 2020.

•The development is not completed by 01 September 2027.

•The use for each stage does not start within two years of completion of that stage of the development.

In accordance with Section 69 of the Planning and Environment Act 1987, 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 development if a request is made in writing within 12 months after the permit expires and the development started lawfully before the permit expired.

Stage Zero Conditions

Green Star rating

45. Prior to the commencement of Stage Zero buildings and works, evidence must be submitted to the satisfaction of the responsible authority, that demonstrates the project has been registered to seek a minimum 4 Star Green Star Design and As-Built rating (or equivalent) with the Green Building Council of Australia.

46. Within 12 months of occupation of the Stage Zero building, certification must be submitted to the satisfaction of the responsible authority, that demonstrates that the building has achieved a minimum 4 Star Green Star Design and As-Built rating (or equivalent).

Third pipe and rain tank

47. A third pipe must be installed for recycled water to supply non-potable uses within the development of Stage Zero for toilet flushing, fire services, irrigation, laundry and cooling, unless otherwise agreed by the relevant water authority.

48. An agreed building connection point must be provided from the third pipe of Stage Zero, designed in conjunction with the relevant water supply authority, to ensure readiness to connect to a future precinct-scale recycled water supply.

49. A rainwater tank for Stage Zero must be provided that:


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o Has a minimum effective volume of 0.5 cubic metres for every 10

square metres of catchment area to capture rainwater from 100% of suitable roof rainwater harvesting areas;

o Is fitted with a first flush device, meter, tank discharge control and

water treatment with associated power and telecommunications equipment approved by the relevant water authority

Development near gas transmission pipelines

50. Prior to the commencement of development of Stage Zero including demolition, a Construction Management Plan for Stage Zero, addressing the protection of the pipeline must be prepared in consultation with the operator of the pipeline and submitted to and approved by the responsible authority. This condition is not required on a permit to construct alterations and additions to an existing building.

Stage Zero Demolition Requirements

51. Before Stages 3 and 4 of the development starts, all Stage Zero buildings and works must be demolished.

Vehicle Crossings

52. Before the occupation of Stage Zero, vehicle crossings must be constructed in accordance with Council’s current Vehicle Crossing Guidelines and standard drawings to the satisfaction of the Responsible Authority. All redundant crossings must be removed and the footpath, naturestrip, kerb and road reinstated as necessary at the cost of the applicant/owner and to the satisfaction of the Responsible Authority.

Applicant to Pay for Reinstatement

53. Before the occupation of Stage Zero, the applicant/owner must do the following things to the satisfaction of the Responsible Authority:

a) Pay the costs of all alterations/reinstatement of Council and Public Authority assets necessary and required by such Authorities for the development.

b) Obtain the prior written approval of the Council or other relevant Authority for such alterations/reinstatement.

c) Comply with conditions (if any) required by the Council or other relevant Authorities in respect of alterations/reinstatement.

Hours of Operation

54. Without the further written consent of the Responsible Authority:

• The Child care centre (excluding the ground floor multi-purpose hall) must operate only between the hours of 6:00am and 7:00pm Monday to Saturday.

• The Minor sports and recreation facility (swimming pool) must operate only between the hours of 5.00am to 10.00pm a Monday to Saturday, and 7.00am to 8.00pm. Monday to Saturday.


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SEPP N1

55. All air conditioning and refrigeration plant for Stage Zero must be screened and baffled and/or insulated to minimise noise and vibration to ensure compliance with noise limits determined in accordance with State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No. N-1 to the satisfaction of the Responsible Authority.

SEPP N2

56. The level of noise emitted from Stage Zero must not exceed the permissible levels specified in the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2.

No External Amplified Equipment

57. Without the further written consent of the Responsible Authority, no form of public address system, loud speakers or sound amplification equipment must be used on Stage Zero so as to be audible outside the premises.

Melbourne Water Stage Zero Requirements

58. Before the commencement of each stage of the master plan, plans must be submitted and approved by Melbourne Water.

59. The proposed central laneway within the master plan (western edge of the child care centre) must be graded and constructed to a level of 2.40 metres to Australian Height Datum (AHD).

60. All habitable floor areas inc residential lobbies and lift lobbies (other than retail and service areas) must be constructed no lower than 3.0 metres to Australian Height Datum.

61. On grade open car park as shown on plans submitted must be secured with an entry apex to a level of 2.4 metres to AHD and fitted with a self-closing flood barrier rising to a level no lower than 3.0 metres to AHD.

62. On-grade carpark must be sealed/ bunded from the outside with no openings, vents or entry points located lower than 3.0 metres to AHD.

63. Garbage, storage and service areas located within the on-grade carpark (eastern edge of the carpark- treated as a basement at this corner) are permitted to be at levels shown. (at 1.6 metres to Australian Height Datum)

64. Landscaped area located at the eastern interface of the development (Kerr Street) must be kept open and non-habitable with no moveable objects located within. This area must be treated as a ‘no-standing/ no waiting, open transition area’.

65. Partition and single door shown on the extreme north-eastern corner (enclosing ramp to upper levels) must be shown with a 50% open & grilled interface or kept completely open.


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66. All electrical installations of the development must be constructed no lower than 3.0 metres to Australian Height Datum or to standards of the relevant authority.

67. Drainage system for the development must be constructed so that external flooding is unable to penetrate the lower on-grade area.

68. Prior to the commencement of construction, engineering computations and detailed construction plans of the proposed flood barrier must be submitted to Melbourne Water for consideration and approval.

69. Prior to the completion of works, a maintenance plan for the flood barrier must be submitted to Melbourne Water and the Responsible Authority. The maintenance plan must be treated the same as any other essential services with mandatory annual reporting and maintenance checks.

70. Prior to the commencement of work, the landowner/s must enter into an agreement pursuant to Section 173 of the Planning and Environment Act 1987 with the Responsible Authority and Melbourne Water Corporation. All costs associated with the creation of an agreement must be borne by the permit holder. The agreement must be registered on title and run with the land, and must provide, to the satisfaction of the Responsible Authority and Melbourne Water, for:

• Prospective and future owners of the property to be informed that the Land is subject to inundation;

• Indemnifying Melbourne Water against any loss or damages associated with flooding;

• Identifying the use of the passive Self Closing Flood Barrier to provide protection to the on-grade car park from the entry apex (2.4 m to AHD) to a level no lower than 3.0m to AHD which is 600mm above the applicable 1% flood level of 2.4m to AHD;

• Identifying the ongoing maintenance requirements for the life of the passive Self Closing Flood Barrier. The maintenance plan must be treated as any other essential service with mandatory annual reporting and maintenance servicing.

Car Park Management Plan

71. Before the occupation of Stage Zero, a Car Park Management Plan must be submitted to, approved by, and be to the satisfaction of the Responsible authority. When the Car Park Management Plan is approved, it will become an endorsed plan forming part of this permit. The Car Park Management Plan must provide for the following to the satisfaction of the Responsible Authority:

(a) The lower seven car spaces allocated to child care centre staff parking;

(b) The upper thirteen car spaces allocated to child care centre patron parking;

(c) Time limits for child care centre patron parking including for peak pick-up and drop off times;


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(d) Availability of car parking for swimming pool patrons outside of child care centre days and hours; and

(e) Other matters as necessary.

Melbourne Water Advice

The property is affected by flooding from tidal surcharges from Port Phillip Bay and the lower Yarra River for a storm event that has a 1% chance of occurrence in any one year. The applicable flood level for this property due to river flooding is 1.6 metres to AHD. The applicable flood level for the property due to tidal surcharges from the bay is 2.4 metres to AHD.

(The Victorian Coastal Strategy identifies the need to plan for sea level rise of not less than 0.8 metres by 2100 when assessing risks and impacts associated with climate change. Melbourne Water, as the relevant floodplain management authority has identified that this property will be impacted by a future sea level rise of not less than 0.8 metres by 2100 which will translate to a flood level for Port Phillip Bay of 2.4 metres to AHD)

3.2 RECOMMENDATION - PART B

3.2.1 Authorise the Manager City Development to instruct Council’s Statutory Planners and/or solicitors on any future VCAT application for review or Advisory Panel.

3.3 RECOMMENDATION - PART C

3.3.1 That the Council resolve that the parking provision for the Minor sports and recreation facility would be to the satisfaction of Council.

3.4 RECOMMENDATION - PART D

3.4.1 That the Council resolve to request a meeting with the Minister for Planning, Melbourne Water, the Fishermans Bend Taskforce and the City of Melbourne regarding flood levels, building floor levels, activating street frontages and achieving the building and sustainable design principles of the Fishermans Bend Framework



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6.2 Statutory Planning Delegated Decisions - March 2019

Purpose

To present a summary of all Planning Permits issued in accordance with the Schedule of Delegation made under Section 98 of the Local Government Action 1989 and Section 188 of the Planning & Environment Act 1987 adopted by Council on 24 July 1996 and as amended, for the Port Phillip Planning Scheme.

MOVED Crs Gross/Copsey

That Council:

2.1 Receives and notes the March 2019 report (Attachment 1) regarding the summary of all Planning Decisions issued in accordance with the Schedule of Delegation made under Section 98 of the Local Government Action 1989 and Section 188 of the Planning & Environment Act 1987 adopted by Council on 24 July 1996 and as amended, for the Port Phillip Planning Scheme.


7. URGENT BUSINESS

Nil.

8. CONFIDENTIAL BUSINESS

Nil.

As there was no further business the meeting closed at 7.43pm.

Confirmed: 22 May 2019

Chairperson ________________________________________

minutes of planning committee - 24 april 2019

Documents