Planning and Environment Act 1987

MELBOURNE PLANNING SCHEME

AMENDMENT L 218

EXPLANATORY REPORT

Who is the Planning Authority?

This amendment has been prepared by the Minister for Planning and Local Government and the Minister for Planning and Local Government is the Planning Authority for this amendment.

The amendment changes Part 3 the Local Section of the Planning Scheme.

The amendment has been made at the request of the owners of land at 236-254 St Kilda Road, Melbourne.

Land affected by the Amendment.

The amendment applies to land at 236 - 254 St Kilda Road, Melbourne.

What the Amendment does.

The amendment is to introduce new planning controls and to nominate the Minister for Planning and Local Government as the responsible authority for the land.

•Why the Amendment is required.

The amendment is necessary to put inplace urban design guidelines for the development of the site that have been agreed between the landowner, Melbourne City Council and National Trust of Australia (). The amendment also introduces new guidelines for development on that part of the site over the alignment of the City Link tunnel.

Impact of the Amendment.

The amendment will establish the design parameters for development that will complement the urban characteristics of the site and its surrounds.

The amendment is expected to have positive economic and social benefits by facilitating a high quality residential development in accordance with planning policies that encourage inner city living.

The amendment should have no significant effect on the environment or the environment on the use or development envisaged in the amendment.

The use and development envisaged by this amendment is not affected by any Minister's Directions /01- .., Where you may inspect this Amendment.

The amendment is available for public inspection, free of charge, during office hours at the following places.

Department of Infrastructure Melbourne City Council Ground Floor 6th Floor The Olderfleet Buildings 200 Little Collins Street 477 Collins Street MELBOURNE 3000 MELBOURNE 3000 PLANNING AND ENVIRONMENT ACT 1987

MELBOURNE PLANNING SCHEME

AMENDMENT L218

The Planning Authority for this amendment is the Minister for Planning and Local Government. The Local Section of the Melbourne Planning Scheme is amended as follows:

1. The map in the Melbourne Planning Scheme titled "Zones and Reserved Land Map No. 11" is amended as shown on the map forming part of this amendment.

2. In Clause 102 after the expression:

The Riverside Quay Area in Clause 341-10 of the Scheme" insert the following expression: 4* Melbourne Development Zone No. 1"

3. Replace Clauses 308C to 308C-11 inclusive with the following: 308C MELBOURNE DEVELOPMENT ZONE NO. 1 Planning Scheme Map: Marked 1D1 308C-1 Purpose

To establish a framework of specific site controls for the zone to enable detailed planning to proceed with certainty having regard to the design guidelines set out below.

308C - 2 Design Guidelines (a) To preserve the vista of the Shrine of Remembrance from St Kilda Road and Swanston Street.

(b) To ensure that development enhances the boulevard character of St Kilda Road and recognises its importance as Melbourne's major civic and ceremonial route, and in particular that:

(i) built form and external finishes along the St Kilda Road frontage are respectful of the Victoria Barracks, the Victorian College of the Arts, and the Domain gardens, and

This a title Copy Of the amendment approvfOy the an substantial increase in building height above 30 metres AHD in Minister for Planning and Local Government 6n He ght Control Area B on Plan 1 hereof should generally not occur ov r more than 20% of the area of that Height Control Area, and 2O JUN 1996

Adrian Salmon Co-ordinator Amendment Services Office of Planning and Heritage Department of infrastructure (iii) landscaping along the St Kilda Road frontage area is complementary to the existing landscape treatment of the boulevard.

(c) To ensure that development does not dominate the Shrine or detract from its appearance having regard to viewing points from the centre point of the upper forecourt of the Shrine and the mid-point of the eastern footpath of Princes Bridge.

(d) To ensure high quality urban design having regard to the massing, articulation and detailing of buildings, and in particular:

(i) built form on St Kilda Road and Grant Street is to be generally parallel to the relevant street frontage and incorporate rooftop building services within the roof forms, and

(ii) active uses on street frontages at ground level are to be encouraged, and (iii) built form on Grant Street shall provide a high quality frontage to that street. 308C-3 General 308C-3.1 The provisions of Clauses 308C to 308C-9.8 (inclusive) of this Planning Scheme governing this zone provide specific site controls for land situated at 236-254 St Kilda Road being land bounded by St Kilda Road, Wadey Street, Wells Street and Grant Street, . If there is an inconsistency between the specific site controls provided for this zone and the general provisions of the Planning Scheme, the specific site controls of this zone prevail.

308C-4 Use of land 308C-4.1 Land may be used for the following purposes without a permit:

USE CONDITION Education Centre Flat Gallery Hotel Minor Utility Installation Passive Recreation Place of Assembly Road Serviced Apartment Temporary display and marketing facility Theatre

This a true copy of the amendment approved by the Minister for Planning and Local Government on

20 JUN 1996

/1----..S.C--- Adrian Salmon Co-ordinator Amendment SetvIces Office of Planning and Heritage I Department of Infrastructure

•

308C-4.2 Land may be used for the following purposes without a permit if such use is to the satisfaction of the responsible authority.

USE• CONDITION

Any use not in 308C-4.1 or 308C-4.3

308C-4.3 Land must not be used for the following purposes.

USE

Dangerous Industry Offensive Industry General Hospital Petrol Station General Industry Light Industry Liquid Fuel Depot

308C - 5 Buildings, Works, Advertising Signs and Subdivision No permit is required to construct buildings, or to construct or carry out works, or to display associated advertising signs if such buildings, works or signs are to the satisfaction of the responsible authority and generally in accordance with the site specific provisions governing this zone. No permit is required for subdivision and there is no requirement for public open space to be provided or set aside in respect of subdivision in the zone, or for any imyment to be made by the owner of the land in lieu of such provision or setting aside.

308C - 6 Height and Setback Control 308C-6.1 Subject to sub-clause 308C-6.2, for areas marked Height Control Area B, C and D on Plan 1 hereof buildings must not be constructed above the respective heights nominated in Column 1 of Table 1 hereof.

Table 1: Building Heights Height Control Area Column 1 Column 2 (Height in metres AHD)

25 45 50 70 60 75

308C-6.2 Notwithstanding sub-clause 308C-6.1 buildings may be constructed above the heights nominated in Column 1 of Table 1 but not exceeding the heights nominated in Column 2 for the respective parts of the land if the responsible authority is satisfied that such buildings are generally in keeping with the relevant design guidelines in Clause 308C-2. 308C-6.3 Building heights nominated in Table 1 or referred to elsewhere in the planning scheme for this zone are measured to the top of roof slab (excluding architectural This a true copy of the amend - , e, iii g services). Architectural features and building services to the Minis-ter for Planning and Local aAtit013, 1D m e sponsible authority may exceed the building heights nominated in Tabl 1 hereof. 2 OJUN 1996

4Z-5!___Adrian Salmon Co-urtirnatur Amendment Services Office of Planning and Heritage Department of Infrastructure 308C-4.2 Land may be used for the following purposes without a permit if such use is to the satisfaction of the responsible authority.

USE CONDITION Any use not in 308C-4.1 or 308C-4.3

308C-4.3 Land must not be used for the following purposes.

USE Dangerous Industry Offensive Industry General Hospital Petrol Station General Industry Light Industry Liquid Fuel Depot

308C-5 Buildings, Works, Advertising Signs and Subdivision No permit is required to construct buildings, or to construct or carry out works, or to display associated advertising signs if such buildings, works or signs are to the satisfaction of the resp'onsible authority and generally in accordance with the site specific provisions governing this zone. No permit is required for subdivision and there is no requirement for public open space to be provided or set aside in respect of subdivision in the zone, or for any payment to be made by the owner of the land in lieu of such provision or setting aside. 308C-6 Height and Setback Control 308C-6.1 Subject to sub-clause 308C-6.2, for areas marked Height Control Area B, C and D on Plan 1 hereof buildings must not be constructed above the respective heights nominated in Column 1 of Table 1 hereof.

Table 1: Building Heights Height Control Area Column 1 Column 2 (Height in metres AHD)

25 45 50 70 60 75

308C-6.2 Notwithstanding sub-clause 308C-6.1 buildings may be constructed above the heights nominated in Column 1 of Table I but not exceeding the heights nominated in Column 2 for the respective parts of the land if the responsible authority is satisfied that such buildings are generally in keeping with the relevant design guidelines in Clause 308C-2. 308C-6.3 Building heights nominated in Table 1 or referred to elsewhere in the planning scheme for this zone are measured to the top of roof slab (excluding architectural g services). Architectural features and building services to the This a true copy of the amend • • rl y " Minister for Planning and LocalSatik anaAfrilrP The sponsible authority may exceed the building heights nominated in Tab! 1 hereof. 20 JUN 1996

/1-Z---C----.Adrian Salmon Co-urdinatur Amendment Services Office of Planning and Heritage Department of Infrastructure 308C-6.4 Subject to Clause 308C-9.8, no above-ground buildings or works may be constructed or carried out in Height Control Area A shown on Plan 1 hereof, except for driveways, footpaths, street furniture, fences, landscape works, or architectural features if such buildings and works are to the satisfaction of the responsible authority.

308C -7 Crown Allotment 44D

308C-7.1 For the area marked Crown Allotment 44D on Plan 2 hereof (Lot 44D), no buildings or associated works may be carried out while that land is reserved pursuant to Section 26 of the Melbourne City Link Act for the purposes of the Melbourne City Link Project. 308C-7.2 After lot 44D ceases to be reserved pursuant to Section 26 of the Melbourne City Link Act buildings and works may be carried out on that land in accordance with the height and setback controls in Clause 308C-6 subject to the following:

(a) Any buildings or works constructed directly above Melbourne City Link Project tunnels beneath the northern part of Lot 44D shall have a maximum weight loading of 40 kPa.

(b) No buildings or works shall be constructed on the balance of Lot 44D which would have an adverse effect on the structural integrity of the Melbourne City Link Project.

308C- 8 Environmental Audit

308C-8.1 Land may not be used and buildings and works may not be constructed until: (a) A certificate of environmental audit is issued for the land in accordance with section 57AA of the Environment Protection Act 1970; or

(h) An environmental auditor appointed under the Environment Protection Act 1970 has made a statement in accordance with Section 57AA(5)(b) of the Act that the environmental conditions of the land are suitable for the proposed uses.

308 C -9 General Requirements

308C-9.1 Unless with the written authorisation of the responsible authority, any glazing material used on external surfaces must not reflect more than 20% of visible light when measured at an angle of incidence normal to the glass surface.

308C-9.2 The loading and unloading of service vehicles and the delivery of goods, plant and materials shall at all times take place within the curtilage of the land. 308C-9.3 All garbage and other waste material shall at all times be stored in areas set aside for such purposes to the satisfaction of the responsible authority. 308C-9.4 Drainage of the site must be constructed to the satisfaction of the Council of the City of Melbourne. 308C-9.5 The owner of the land shall removal all vehicular crossings not required for the development.

This a true copy of the amendment approved by the Minister for Planning and Local Government on

2 0 JUN 19gs

,1G-5!--.:Adrian Salmon Co-tinanator Amendment Services Office of Planning and Heritage Department of Infrastructure 308C-9.6 The area set aside for the parking of vehicles and accessways shall be constructed, surfaced, sealed, drained, delineated and maintained at all times to the satisfaction of the responsible authority and such works shall be completed prior to the commencement of the use.

308C-9.7 A plan containing information regarding the subdivision of land and the provision of services must be submitted to the satisfaction of the Council of the City of Melbourne.

Referral of the plan for the purposes of Section 8 of the Subdivision Act 1988 is required in accordance with clause 303-2 of the Scheme.

The Council of the City of Melbourne must request the comments of the following authorities about arrangements for the provision of the following services. All the reasonable conditions of the service authorities must be met prior to the issue of a statement of compliance under Section 21 of the Subdivision Act 1988. Water, Sewerage, Main Drainage: South East Water Ltd

Gas: Gas & Fuel Corporation of Victoria Main Roads: Roads Corporation Telephone: Telstra

Electricity Citipower Ltd 308C-9.8 Notwithstanding any other provision of this Planning Scheme to the contrary contained or implied, the zone or any part thereof may be developed and used without a permit for the purposes of a temporary display and marketing facility together with associated landscaping, signage and carparlcing."

This a true copy of the amendment approved by the Minister for Planning and Local Government on

20 JUN 1996

Adrian Salmon Co-ordinator Amendment Services Office of Planning and Heritage Department of Infrastructure

ST KlI_DA ROAD

HEIGHT CONTROL AREA A

_ _ _ _ ■—■•

HEIGHT CONTROL • AREA B

5 HEIGHT CONTROL d AREA C

HEIGHT_ CONTROL AREA D

irre.es Spipe.o.

This a true copy of the amendment approved by the Minister for Planning and Local Government on

MELPOIRNE PEWLOPheNti ZONE No PI, I 20 JUN 1996 4,---C-4.—.Adrian Salmon Co-ordinator Amendment Services Office of Planning and Heritage IIDepartment of Infrastructure i` • Aar:cum veveLortourzott

GRAN TS T REE T ST KILDAROAD No I-PL2 Department ofInfrastructure Office ofPlanning andHeritage Minister forPlanningandLocalGovernment on This atruecopyoftheamendment approvedbythe 20 JUN1996 Salmon Co-ordinator AmendmentServices. MELBOURNE PLANNING SCHEME LOCAL SECTION

SCALE 1 - 1500 PART OF PLANNING SCHEME MAP No 11

LEGEND MELBOURNE DEVELOPMENT 101 ZONE NO 1 LODGED MAP AMENDMENT L218

This is a copy of the amendment approved by the Minister for Planning on 0 JUN 1996 Deportment or .2 Manning and Adrian Salmon Development Co-ordinator, Amendment Services Department of Planning and Development eovarrrnant PREPARED BY: LAND INFORMATION BRANCH ot Victoria Geographicmi Information System