save dimmeys. save dimmeys submission to vcat

8/6/2019 Save Dimmeys. Save Dimmeys Submission to VCAT

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IN THE VICTORIAN CIVIL AND ADMINISTRATIVE TRIBLTNALPLANNING AND ENVIRONMENT LISTAT MELBOURNE

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BE TWEEN:RICHMOND ICON PTY LTD (ACN-and-CITY OF YARRA-and-SAVE DIMMEYS & ORS

Applicant

Responsible Authority

ObjectorsSUBMISSIONS

1. This submission is made on behalf of Save Dimmeys, an unincorporated association andgroup objector to the Application for Review brought against Council's Notice ofDecision to Refuse a Planning Permit for 140-160 Swan Street, Richmond, dated23February 2011.

2. Save Dimmeys is a resident's group formed in 2009 with the following Objects:(a) To be a non-profit association formed to lobby and protect the integrity and

heritage of the Dimmeys Model Store in Swan Street, Cremome;(b) To save Dimmeys from any inappropriate development proposed for the State

Heritage Listed building;(c) To inform the community of any adverse development proposal for the

Dimmeys Model Store which may have a detrimental effect on the buildingand its heritage listing.

3. The Dimmey's site is well known to Melbournians. Its inclusion on the VictorianHeritage Register, and specific classification of the Ball Tower as a landmark in the PS isindicative of the building's importance to Melbournians and the Victorian community.The broader cultural importance of the site is reinforced by the media attention the currentproposal has generated. The existence of Save Dimmeys and the submissions made tothis Tribunal by other local objectors demonstrate the value placed on the site it by localresidents.


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4. Recognition of the Ball Tower as a landmark in the PS reaffirms that any developmentshould be sensitive to the role the site plays in the Swan Street streetscape. Anopportunity for development exists here, but it is imperative that the design is carefullyselected. Any development of the site should be sensitive to its surrounds andcomplement, not dominate the existing built form.

5. The Swan Street Major Activity Centre will evolve in response to urban consolidationpolicy, but this evolution should not come at the expense of the integrity of the SwanStreet precinct.

6. Urban consolidation policies do not exist within a vacuum, they must be seen in light ofthe other considerations to which the PS refers. More particularly, urban consolidationpolicies do not endorse development that is inappropriate in its physical context. Strikingthe right policy balance demands development that is responsive to its surroundings. Thisis particularly so in relation to prominent sites such as this one. This proposition wasrecognised by the Tribunal in Taser Developments Pty Ltd v Boroondara CC & Ors[2009] vcAT 1070.

7. It is submitted that although this site lends itself to re-development, the current proposaldoes not represent an appropriate response to the specific circumstances of the site andthe broader Swan Street context.8. In short, this is the right site, but the wrong proposal.

9. This conclusion is based on three grounds. The proposed development:(a) does not adequately respond to the relevant urban design principles in terms of

height and bulk, and in relation to the landmark status of the site;(b) would unreasonably impact on traffic in the area;(c) fails to provide adequate car parking;

Urban Design10. The proposed development does not adequately address the urban design principles

contained in clause 15.01-1 and21.05-2 of the PS and related clause 22.03 (Landmarksand Tall Structures).

I 1. The importance of low rise characteristics of Victorian and Edwardian streetscapes inactivity centres within Yarra, and their importance in helping differentiate Yarra from


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nearby urban form, particularly the City of Melbourne is recognised at clause 21.05-2 ofthe PS. Most buildings in the vicinity of the Dimmey's site are low rise, between one andthree storeys.

12. Policy support for the proposition that this low rise form should be retained in the SwanStreet MAC is found at clause 2l .05-2 which states at Strategy 17 .2, tl',a;t development onstrategic redevelopment sites should generally be no more than 5-6 storeys. An exceptionis incorporated where it can be demonstrated that the proposal achieves specific benefits,which are listed in the provision. Council's adoption for consultation of the draft SwanStreet Structural Plan, and the recommended 4 storey height for this site also lends weightto the notion that to obtain approval for heights above the PS recommendations, thedesign should be not just acceptable but of an excellent standard. This is a standard thatis not met by the current proposal.

13. The proposed tower, at 10 storeys, will not fit comfortably within its fine grain low risesurroundings. Despite the fact that it is set back from Swan Street, it will present animposing vertical form in a typically horizontal profile.r The result will be a building thatdoes not respect, but rather dominates the existing built form. This is supported by theevidence of Council's expert, Mr Czarny.2

14. Of particular concem in terms of height and bulk is the view of the tower that would bepresented to residents to the south, and the monolithic form that would intrude upon theamenity of the White Street public park. There is very little public open space in theSwan Street vicinity. The open space that exists is precious to the residents.

15. Whilst it is acknowledged that the Swan Street area is evolving, and the context withinwhich this building will sit is changing, it is submitted that the 10 storey structure is toogreat a departure from the currently dominant building form. As Mr Czarny recognises,"there is a need to ensure that any associated site development is successfully integratedwithin its host streetscape and complementary within the Yarra skyline."3

16. A new building on the site could and should be integrated into the surrounding area. Thecurrent proposal does not achieve this. It is a disproportionate response to itssurroundings. The tower will be tall yet broad, creating a bulky, squat appearance andwill, in the words of Mr Czarny 'ohave a significant impact on the urban design quality of

' Cru y 122(e)1.2 Czamy f22).3 Czamy,l2ll.


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the precinct as a function of its overall height and mass above the established and likelybuilt form order of Swan Street."4

17. The low rise nature of Swan Street and its surrounds, and the easily recognisableDimmey's Ball Tower are valued elements of the area. The mass and height of theproposed tower will, it is submitted, result in a loss of local urban character and sense ofplace which is valued by the local residents.

18. Special care must be taken when assessing the viability of proposed development in andaround the site to ensure a response that is sensitive to the role the Ball Tower playswithin the Yarra skyline. The PS reinforces this in a number of ways. Clause 15.01-2makes reference to the protection, enhancement and creation of landmarks, views andvistas. The Dimmey's clock tower is specifically acknowledged as a landmark in clause22.03-4 of the Planning Scheme which calls for new buildings in the vicinity of the BallTower to be designed to ensure it remains the principal built reference. Clause 22.03-3aims "to protect views to the silhouette and profile of Yarra's valued landmarks to ensurethey remain as the principal built form reference."

19. It is not enough to ensure that the new tower will not impede views to the Dimmey'sclock tower, the new tower must not become the principal built form reference.

20. The proposed tower will comprise a built form competing with an established landmarkto be the principal built reference in the area. Far from adding to the interest of Yarra'surban form and skyline, the tall, broad, glazed shape will form an uninteresting block thatdominates the Yarra skyline.5

Traffic impacts21. This is a major redevelopment. It creates a major opportunity to improve conditions

around the site. Rather than exacerbate traffic problems in Swan Street, this developmentshould be designed with every effort to improve the traffic situation.22. Swanstreet already suffers from slow traffic flows and this is acknowledged in the PS.6

This development will further contribute to traffic problems as vehicles manoeuvre theirway to and from Swan Street out of Byron and Green Streets. It is submitted that theexisting transport system will not properly integrate traffic flows generated by the

a Czamy l4l.t Crurny,122(c)).6 Yarra Planning Scheme, Municipal Strategic Statement, 'Transport'.


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proposed development, with a knock on effect can be anticipated for public transportalong Swan Street. Again, the problem of the Swan Street tram route facing increasinginterference from traffic is acknowledged in the PS.7 This development should not beallowed to contribute to those problems.

23. The use of Green Street for loading by heavy commercial vehicles and as an access to thepublic car park are of concem both in terms of safety and noise.

24. Safety concems relate to pedestrians walking from Swan Street, along Green Street to therailway underpass tunnel at the junction of Green Street and Railway Place. Cyclists alsouse this route. An increase in heavy commercial vehicles, and cars using the street is notcompatible with this use. In particular, the swept path diagrams show that themanoeuvring of heavy vehicles into the loading bay will occur at a point near access tothe pedestrian tunnel.

25. Even with proposed acoustic measures in relation to the loading bay, it is submitted thatthe noise of the additional heavy commercial vehicles using Green Street to access thesite will cause such noise as to result in an unacceptable loss of amenity to the residents inthat street.

Car Parking26. The application by the developer for a reduction in the car parking requirements required

under clause 52.06 is opposed.27.The purpose of clause 52.06 is "to ensure the provision of an appropriate number of car

spaces having regard to the activities on the land and the nature of the locality."sCouncil's Cremorne and Church Street Precinct Urban Design Framework recognisesthat on-street parking is problematic in Cremorne and encourages basement parking. Itnotes that "large redevelopment sites are important in helping to support the parkingneeds of the precinct as a whole." In addition, land uses that do not require high rates ofparking are encouraged. e

28. The Swan Street vicinity supports many people beyond the residents of the local area,including shoppers, football, soccer, cricket and rugby crowds resulting in a lack of streetparking for residents, especially when sporting events are being conducted at the MCG

'Ibid.8 Seacrestv Banyule City Council t2005lVSC 384.e Cremorne and Church Street Precinct UDF,20.


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and AAMI Stadium. It is submitted that the development should contain more provisionfor parking to ensure there is no overflow to exacerbate parking problems alreadyexperienced by local residents in the area.

Conclusion29.The permit applicant will obtain a significant benefit if this permit is granted. It is not

unreasonable to expect that a new development of this type should achieve high standardsin architecture and urban design, and the landmark site is treated with sensitivity. Thecurrent proposal does not achieve this.

30. It is submitted that the Tribunal should refuse the application for review.

save dimmeys. save dimmeys submission to vcat

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