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Management Report to Future Melbourne (Planning) Committee Agenda Item 6.2

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Management Report to Future Melbourne (Planning) Committee Agenda Item 6.2 Page 1 of 204 Management report to Future Melbourne (Planning) Committee Agenda item 6.2 Planning Scheme Amendment C365 Chart House (372-378 Little Bourke Street) 17 September 2019 Presenter: Emma Appleton, Manager Urban Strategy Purpose and background 1. The purpose of this report is to recommend the Future Melbourne Committee request authorisation from the Minister for Planning to prepare and exhibit Planning Scheme Amendment C365 pursuant to Section 20(2) of the Planning and Environment Act 1987 (Attachment 2).The Amendment will apply a permanent Heritage Overlay to Chart House (372-378 Little Bourke Street) and identify it as contributory to the Guildford and Hardware Lane Precinct (HO1205). 2. This follows the gazettal of Amendment C271, implementing the Guildford and Hardware Lane Heritage Study, on 12 August 2019. C271 introduces two new heritage precincts covering 113 properties, seven new individual heritage places, and other modifications to existing Heritage Overlays. 3. Amendment C271 gazetted by the Minister for Planning is consistent with the form of that Amendment as adopted by Council, with the exception of the property, known as Chart House at 372-378 Little Bourke Street. The Minister has applied an interim heritage protection through Amendment C355 with a contributory grading to the entirety of the property until 30 June 2020 under Section 20(4) of the Planning Environment Act 1987. 4. The Minister’s determination regarding Chart House was in response to evidence received from Melbourne Heritage Action (MHA) following Council’s adoption. The information was independently reviewed by heritage experts as part of a due diligence process. Both reviews indicated that Chart House was contributory to the Guildford and Hardware Lane Precinct on the basis that it shares key characteristics of the precinct and is an intact and representative example of an interwar office building. 5. The Minister directed the Council to run a site specific heritage amendment to introduce permanent controls on the site. Key issues 6. The interim control is relevant to a live planning permit application for the site. 7. To provide clarity and certainty in a timely manner, management seeks to run an expedited process via a 20(2) Amendment, which allows the Minister to grant exemptions from any or all of the provisions outlined in Section 19 of the Act relating to the giving of notice. Management propose that notification is limited to the Chart House landowner, directly adjacent buildings, and Melbourne Heritage Action. A reduced exhibition period of two weeks will also be requested, and it is proposed that submissions received during exhibition are sent directly to Planning Panels Victoria in order to ensure an efficient and transparent process for all parties. 8. The landowner has been informed of the Minister’s decision and Council officers have explained the proposed process. The process will ensure the landowner and affected parties have an opportunity to make a submission through exhibition and represent their interests at a Panel hearing if one is required. Recommendation from management 9. That the Future Melbourne Committee: 9.1. Notes the gazettal of C271 Guildford and Hardware Lane Heritage Study, affording heritage protection to two precincts, including 113 properties, seven individual places and modifications to existing heritage overlays. 9.2. Notes the decision of the Minister for Planning to remove 372-378 Little Bourke Street from Amendment C271 and to add introduce an interim Heritage Overlay identifying the entirety of the property as contributory to the Guildford and Hardware Lane Precinct (HO1205) until 30 June 2020. Page 2 of 204 9.3. Resolves to seek authorisation from the Minister for Planning for the Council to prepare and exhibit Amendment C365 pursuant to Section 20(2) of the Planning and Environment Act 1987 in order to introduce a permanent Heritage Overlay to the property at 372-378 Little Bourke Street to identify the property as contributory to the Guildford and Hardware Lane Precinct (HO1205). 9.4. Resolves to request that the Minister for Planning consider exempting Amendment C365 under section 20(2) of the Planning and Environment Act 1987 to provide for limited notice and to truncate the period in which submissions must be made. 9.5. Authorises the Director City Strategy and Place to consider submissions and upon considering that an election under section 23(1)(B) is preferred (rather than recommending that the Future Melbourne Committee consider changing the amendment or abandoning the amendment or part of it) that such submissions be referred directly to a Panel appointed under Part 8. 9.6. Authorises the Director City Strategy and Place to make any further minor editorial changes to Planning Scheme Amendment C365 if required. Attachments: 1. Supporting Attachment (Page 3 of 204) 2. Amendment C365 Planning Scheme Amendment documentation (Page 4 of 204) 2 Page 3 of 204 Attachment 1 Agenda item 6.2 Future Melbourne Committee Supporting Attachment 17 September 2019 Legal 1. Part 3 of the Planning and Environment Act 1987 (the Act) sets out the procedure for a planning scheme amendment. Section 8(1)(b) of the Act provides that the Minister may prepare an amendment to any provision of a planning scheme. Section 20(2) of the Act provides that the Minister may exempt a planning authority from the requirements of the Act set out in section 19 which centres around the giving of notice. Finance 2. Cost for requesting this Planning Scheme Amendment is $3050. If a Planning Panel is convened to hear unresolved submissions, additional approximate costs for Panel fee – $15,000, and expert witness representation – $25,000 will be required. Legal fees would also be incurred in the range of $35,000. 3. This work was not known at the time of setting and approving FY19–20 budgets. If this item is approved, all costs incurred will be over and above budget. 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. Health and Safety 5. The review of the Chart House site and any subsequent Amendment requests will not raise any Occupational Health and Safety (OHS) issues. No OHS opportunities have been identified. Stakeholder consultation 6. Council officers have engaged with DELWP throughout. DELWP have committed to help expedite the process should FMC resolve to progress Amendment C365. 7. Council officers have met with the landowner’s representative and DELWP officers on 21 August 2019. If FMC resolves to request authorisation to prepare and exhibit Amendment C365 they will be formally notified again in writing. Relation to Council policy 8. Council’s Heritage Strategy (2013) notes the following relevant actions: 8.1. Action 1.4 states that we will “investigate, identify assess and document gaps in the record of items and places of cultural heritage significance”. 8.2. Action 2.1 states that we will “review the scope of heritage place studies and reviews in the municipality to ensure that all relevant places are included and protected”. 8.3. Action 2.2 states that we will “Progressively undertake a review of heritage in the high-growth, urban renewal and mixed-use areas of the City”. 9. An outcome listed in the City of Melbourne Council Plan 2017–2021 is that “Melbourne will respect and preserve its heritage”. Environmental sustainability 10. There are no environmental impacts likely to arise from this amendment. 1 Page 4 of 204 Planning and Environment Act 1987 MELBOURNE PLANNING SCHEME AMENDMENT C365MELB EXPLANATORY REPORT Who is the planning authority? This amendment has been prepared by the Melbourne City Council which is the planning authority for this amendment. Land affected by the Amendment The amendment applies to land at 372-378 Little Bourke Street, Melbourne. The subject site, known as Chart House, is located on the north side of Little Bourke Street, between Elizabeth and Queen Streets, on the west corner of Niagara Lane. What the amendment does The amendment proposes to replace the interim Heritage Overlay control applying to 372-378 Little Bourke Street, which identifies the entirety of the building as contributory to the Guildford and Hardware Laneways Precinct (HO1205), with a permanent Heritage Overlay control. The interim heritage control was applied via Amendment C355melb in August 2019. Specifically, the amendment: • Applies the Heritage Overlay to 372-378 Little Bourke Street on a permanent basis, recognising the entirety of the subject site as contributory to the Guildford and Hardware Lane Heritage Precinct (HO1205). • Amends the following incorporated documents in the Schedule to Clause 72.04: Page 5 of 204 o Guildford and Hardware Laneways Heritage Study May 2017: Heritage Inventory by changing the date of the Study to November 2018 (updated September 2019) o Guildford and Hardware Laneways Heritage Study May 2017: Statement of Significance by removing the reference to the interim heritage control applying to 372- 378 Little Bourke Street, updating the description relating to the property and changing the date of the Study to November 2018 (updated September 2019). • Amends the schedule to Clause 43.01 (Heritage Overlay) to remove reference to the interim heritage control applying to 372-278 Little Bourke Street and changing the date of the study to November 2018 (updated September 2019). • Update the local policy reference at Clause 22.04 to reflect the amended date of the Guildford and Hardware Lanes Heritage Study and the Statement of Significance. • Amends the Planning Scheme Map No 8HO1 to update the Guildford and Hardware Laneways Precinct (HO1205) with a permanent Heritage Overlay control for this property. Strategic Assessment of the Amendment Why is the Amendment required? The amendment is required to provide permanent heritage protection to the building at 372-378 Little Bourke Street, to recognise the entirety of the property as contributory to the Guildford and Hardware Laneways Precinct, as identified in the amended Guildford and Hardware Lanes Heritage Study May 2017 (updated September 2019).
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