Urban Planning Special Committee Agenda 12/11/15 UPC4 1002 Crescent Road, Glen Iris
Application no.: PP15/00155 (File 40/409/01111)
Responsible director John Luppino City Planning
Authorised by: Simon Mitchell Manager Statutory Planning
Report officer: Seuna Byrne - Principal Planner Statutory Planning
Abstract
Proposal The proposal seeks to develop sporting fields and buildings in association with an education centre and reduce the associated car parking and bicycle facilities requirements on land affected by the Land Subject to Inundation Overlay.
Issues The following are the key issues in respect of this application:
Whether the development is generally in accordance with the requirements of the Tooronga Village Incorporated Plan 2013; Whether sufficient on-site parking has been provided, in conjunction with a License Agreement that allows use of the Coles Group multi-deck car park on Saturdays; Whether the development is adequately designed having regard to the requirements Melbourne Water and the Land Subject to Inundation Overlay; Whether it is appropriate to provide a gate providing pedestrian access from the facility into Burke Road South Reserve.
Officer's response Subject to the recommended permit conditions, the development is generally consistent with the Tooronga Village Incorporated Plan 2013 and will deliver a high quality outcome for the site and valuable additional recreational space within the municipality.
The provision of 66 car spaces on-site, in conjunction with an agreement with Coles to allow use of the ground floor of the multi-deck car park on Saturdays and a Green Travel Plan is considered by Council’s Traffic Engineers to fully meet the demand for parking that will be generated by the development. The recommended permit conditions seek to implement the Licence Agreement between Coles Group and the school and require the preparation and implementation of a Green Travel Plan. A permit condition has also been imposed that ensures patrons will not be charged a fee to use the Coles car park (this does not inhibit Coles from charging a fee directly to the school, if desired).
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The inclusion of a gate to connect the facility with Burke Road South Reserve is supported by Council’s Parks and Gardens Department and is consistent with the requirements of the Incorporated Plan. It is recommended that the location of the gate be moved further south, so that it is closer to the Gardiners Creek path and will provide more convenient access to the public transport options available on Burke Road. This modification may also go some way towards addressing the concerns of residents in Faircroft Avenue and Parkin Street.
Although objecting submissions have been received in relation to this application, the officer’s recommendation is for the grant of a planning permit, rather than a Notice of Decision to Grant a Planning Permit, as this application is fully exempt from the notice and review requirements of the Planning and Environment Act.
Details of the proposal, discussion of all objections and assessment against relevant controls and policies are contained in the attachment to this report.
Officers' recommendation
That the Urban Planning Special Committee resolve that Planning Permit No. PP15/00155 for the development of sporting fields and buildings in association with an education centre and reduction of the associated car parking and bicycle facilities requirements on land affected by the Land Subject to Inundation Overlay, generally in accordance with the endorsed plans at 1002 Crescent Road, Glen Iris be issued under the Boroondara Planning Scheme subject to the following conditions:
Amended plans required 1. Before the development starts, amended plans must be submitted to the satisfaction of the Responsible Authority. When the plans are to the satisfaction of the Responsible Authority they will be endorsed and will then form part of the Permit. The plans must be drawn to scale with dimensions and three (3) copies provided, substantially in accordance with the plans submitted with the application (Project No. 20131751, Drawing Nos. TP00 - TP13, all dated 28 January 2015 and External Lighting Plans A13.01 and A13.02, dated 1 April 2015, all prepared by Baldasso Cortese and External Lighting Schedule, Job No. 14ME0492, Revision P1, dated 2 April 2015, prepared by Irwin Consult), but modified to show:
General: a) Details of the location of bicycle signage and a schedule of bicycle signage in accordance with the requirements of Clause 52.34; b) Deletion of the 3.0m high black chainwire and barbed wire fencing along the boundaries shared with dwellings in Faircroft Avenue and Parkin Street and retention of the existing timber paling boundary fences; c) Deletion of the 3.0m high black chainwire and barbed wire boundary fencing and replacement with 3.0m black chainwire fencing or 3.0m black metal bar fencing, generally in accordance with the “discussion purposes” plan provided to Council on 1 July 2015 (Project No. 20131751, Drawing No.: TP 02, Revision T05, dated 22 June 2015, prepared by Baldasso Cortese P/L);
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d) Relocation of the pedestrian gate on the eastern boundary and the associated path to a location on the eastern boundary that is to the south of the storage shed. Consequential changes to the location of the gate in the fence surrounding the tennis courts / hockey field are permitted. Minor consequential changes to the siting of the storage shed are permitted if required to accommodate locating the pedestrian path along the southern side of the storage shed; e) Corrections to all site plans to show the location of the existing pedestrian gate along the northern boundary, near the north-east corner;
Car parking and accessways: f) The provision of an additional 23 constructed and line-marked car spaces on the land, located along the southern side of the internal roadway. Any consequential changes to the width of the effective unobstructed internal road carriageway must ensure that a B99-sized vehicle and a bus can pass each other or modifications be made to the parking and/or carriageway width to accommodate this access; g) The erection and display of “No Stopping” signage or similar to discourage kerbside parking along the internal roadways, other than within designated car and bus parking bays.
Layout not to be altered 2. The layout of the site and the size, levels, design and location of buildings and works shown on the endorsed plans must not be modified for any reason (unless the Boroondara Planning Scheme specifies that a permit is not required) without the prior written consent of the Responsible Authority.
Maintenance of Buildings and Works 3. All buildings and works must be maintained in good order and appearance to the satisfaction of the Responsible Authority.
Obligations with respect to Aboriginal Cultural Heritage 4. In the event of an Aboriginal heritage site being identified during construction, the procedures and protocols detailed in the Cultural Heritage Assessment prepared by Andrew Long & Associates, dated 19 March 2015 must be implemented.
Use of the sports fields by community groups, sporting clubs and other schools 5. During the operation and use of the land, St Kevin’s College or their representatives or successors will make the sports fields at 1002 Crescent Road, Glen Iris available for use by other schools, sporting clubs and community groups outside of school hours, generally in accordance with the terms of the Memorandum of Understanding dated 21 November 2014, between St Kevin’s College and Boroondara City Council prepared by Arnold Bloch Leibler (Ref: 01-1727927).
Car Parking and Transport Management Plan 6. Prior to the commencement of the use of the land as an Education Centre, a Car Parking and Transport Management Plan prepared by an appropriately qualified traffic engineer must be submitted to and approved by the Responsible Authority. When approved, the Car Parking and Transport Management Plan must:
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a) Include a description of the location of the subject site in the context of alternative modes of transport and objectives for the Car Parking and Transport Management Plan; b) Include a copy of the executed Car Parking Licence for the use of the Ground Floor of the multi-level car park located at 1 Crescent Drive, Glen Iris, made between St Kevin’s College and the leasee of that car park (currently Coles Group Limited). The Car Parking Licence is to allow St Kevin’s College (including employees, agents, contractors, consultants, invitees, sub-licensees, students (and their parents and guardians) and other persons in connection with events occurring at the sports fields located at 1002 Crescent Road, Glen Iris) to access and use the Ground Floor parking area of the car park located at 1 Crescent Drive, Glen Iris between the hours of 8:00am to 5:00pm on Saturdays throughout the periods described as “Term 1”, “Term 2”, “Term 3” and “Term 4” as published on the St Kevin’s website and on any other Saturdays as agreed between St Kevin’s College and the leasee of the car park (currently Coles Group Limited); c) Include a requirement that unless with the written consent of the Responsible Authority, St Kevin’s College students may not access the subject land by private motor vehicle other than a bus or teacher’s car between the hours of 9:00am to 3:00pm, Monday to Friday (‘School Hours’); d) Provide details of the transport arrangements for students to the subject land during School Hours, including a description of the use of train, bus, bicycle and pedestrian facilities; e) Include a requirement for all students to have a current “Myki” card; f) Provide details of any shuttle bus arrangements between the school campus’ and the subject land; g) Provide details of any staff car-pooling arrangements; h) Provide details of vehicle marshalling on the internal accessway on Saturdays and any other event as necessary; i) Include a provision that no fee will be charged to access or use the car park at 1 Crescent Drive, Glen Iris by persons attending events occurring at the sports fields, although provision may be made for a fee to be charged to the St Kevin’s College organisation; j) Include a requirement that St Kevin’s College will regularly inform parents of car parking and access arrangements to the subject land in newsletters or other forms of communication with parents and on the school’s website; k) Outline measures for the development including, but not limited to: i. The use of trains and/or chartered buses to transport other user groups (such as students of other schools, sporting clubs and community groups) to and from the site; ii. Bicycle parking and facilities available on the land; iii. Pedestrian routes to key destinations; iv. Provision of displays in the lobby the Eastern and Western pavilions which incorporates the following: A map depicting the site and locations of key public transport stops (such as Gardiner Station and Tooronga Station and the tram stops on Burke Road, etc.); Details of the approximate distances and trip times to these stops; Pedestrian, cycling and public transport routes to key destinations (such as the school campus’ in Toorak, etc.); A plan showing where the bicycle parking areas are available for use by students.
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Once endorsed, the Car Parking and Transport Management Plan will form part of this permit. The Car Parking and Transport Management Plan must be implemented to the satisfaction of the Responsible Authority and thereafter maintained to the satisfaction of the Responsible Authority.
The Car Parking and Transport Management Plan may only be amended with the consent of the Responsible Authority.
Termination or expiry of the Car Parking Licence 7. In the event that the Car Parking Licence between St Kevin’s College and the leasee of the car park at 1 Crescent Drive, Glen Iris (currently Coles Group Limited) expires or is terminated, the permit holder must provide an alternative 25 car spaces for car parking on Saturdays, to the reasonable satisfaction of the Responsible Authority. These alternative 25 car spaces may be located either on-site, or in the reasonable vicinity of the subject site.
8. In the event that the Car Parking Licence between St Kevin’s College and the leasee of the car park at 1 Crescent Drive, Glen Iris (currently Coles Group Limited) expires or is terminated, the maximum number of students permitted on the land on Saturdays must not exceed the statutory rate for an Education Centre, relative to the number of car spaces constructed on the land, until such time as an alternative location for 25 additional car spaces for car parking on Saturdays has been approved by the Responsible Authority and implemented by the permit holder.
Number of students - Monday to Friday - During school hours 9. No more than 1,900 students may be present on the subject land at any one time on Monday to Friday between the hours of 8:00am to 3:30pm, without the further written consent of the Responsible Authority.
Number of students - Monday to Friday - Out of school hours 10. No more than 129 students may be present on the subject land at any one time on Monday to Friday between the hours of 3:30pm to 8:00am the following day, without the further written consent of the Responsible Authority.
Number of students - Saturdays 11. No more than 228 students may be present on the subject land at any one time on Saturdays without the further written consent of the Responsible Authority.
Land Suitable for a Sensitive Use 12. The development allowed by this permit must comply with the directions and conditions of the Statements of Environmental Audit issued for the land described as Tooronga Village Development Stage 2, Stage 3A, Stage 3B, Stage 3C East, Stage 3C West, Stage 4 and Stage 5, all dated 3 June 2011, prepared by Kenneth N Mival, of URS Australia Pty Ltd.
13. Prior to the commencement of the use, a letter must be submitted to the Responsible Authority by an Environmental Auditor accredited with the EPA, to advise that all construction and remediation works necessary and required by an environmental audit or statement have been carried out.
14. Any handling and disposal of contaminated site soil must be in accordance with the requirements of the Statements of Environmental Audit issued for the land, the requirements of the Environment Protection Authority and the Environment Protection Act 1970.
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Landscape plan 15. Concurrent with the endorsement of any plans pursuant to Condition 1, a Landscape Plan must be submitted to and endorsed by the Responsible Authority. The plan must be drawn to scale with dimensions and three (3) copies provided. When endorsed, the plan will form part of the permit.
The landscape plan must be generally in accordance with the landscape concept plan dated February 2015 prepared by Formium (Project No. 1847, Sheets L1, L2, L3, L4, L5, L6, L7, L8, L9 and L10, all Revision E) except that the plan must show:
a) Deletion of the 3.0m high black chainwire and barbed wire fencing along the boundaries shared with dwellings in Faircroft Avenue and Parkin Street and retention of the existing timber paling boundary fences; b) Deletion of the 3.0m high black chainwire and barbed wire boundary fencing and replacement with 3.0m black chainwire fencing or 3.0m black metal bar fencing, generally in accordance with the “discussion purposes” plan provided to Council on 1 July 2015 (Project No. 20131751, Drawing No.: TP 02, Revision T05, dated 22 June 2015, prepared by Baldasso Cortese P/L); c) A planting schedule of all proposed trees, shrubs and ground covers including botanical names, common names, pot sizes, sizes at maturity and the quantities of each plant; d) That all proposed canopy trees will have a minimum height of 2.0m when planted.
Completion of landscaping works 16. Landscaping as shown on the endorsed landscape plans must be carried out and completed to the satisfaction of the Responsible Authority prior to the occupation of the development.
Landscaping maintenance 17. All landscaping works shown on the endorsed landscape plans must be maintained and any dead, diseased or damaged plants replaced, all to the satisfaction of the Responsible Authority.
Tree Management Plan 18. Concurrent with the endorsement of any plans pursuant to Condition 1, a Tree Management Plan prepared by a suitably qualified and experienced arborist must be submitted to and endorsed by the Responsible Authority. Three (3) copies of the Tree Management Plan must be provided. When the Tree Management Plan is endorsed it will then form part of the permit. The Tree Management Plan must specify actions for the management and maintenance of all trees located on the land that are proposed to be retained, making specific comment on the following matters to the satisfaction of the Responsible Authority to ensure that the tree remains healthy and viable on site:
a) The establishment of a fixed Tree Protection Zone and where it will be located in relation to the trees and proposed building(s). This TPZ should be clearly identified on a site plan and have specific recommendations stipulated on these plans referenced from the Tree Management Plan; b) Details of construction methods (including foundation types) within the tree’s TPZ measurement. The foundation type and construction method will need to be specified by the arborist in conjunction with engineering specifications;
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c) The mapping of foundation excavation points on a site plan; d) Reporting on the presence of any exposed roots over 50 mm diameter and management of these roots e.g. how they were pruned, fertilisation, watering regime etc.; e) When supervision by an arborist will be required on-site and time frames specified for supervision; f) Any remedial pruning works that are required to be performed on the trees before, during and post development of the site. The pruning comments must reference Australian Standards 4373:2007, Pruning of Amenity Trees and a detailed photographic diagram specifying what pruning will occur.
The recommendations contained in the approved tree management plan must be implemented to the satisfaction of the Responsible Authority.
Trees to be protected 19. All trees specified in the endorsed Tree Management Plan are to be protected and maintained in accordance with the recommendations set out in the report, to the satisfaction of the Responsible Authority.
Tree protection during construction 20. Before any development (including demolition) starts on the land, a tree protection fence must be erected around the trees to be retained on the subject site to define a "Tree Protection Zone" as detailed in the endorsed Tree Management Plan. The fence must be constructed as specified in the endorsed arborist report. The tree protection fence must remain in place until all construction is completed on the land, except with the prior written consent of the Responsible Authority.
Contractors to be advised of trees to be retained 21. The owner and occupier of the site must ensure that, prior to the commencement of buildings and works, all contractors and tradespersons operating on the site are advised of the status of trees to be retained as detailed in the endorsed Tree Management Plan and are advised of any obligations in relation to the protection of those trees.
Regulation of activities in Tree Protection Zone 22. No vehicular or pedestrian access, trenching or soil excavation is to occur within the Tree Protection Zone as detailed in the endorsed Tree Management Plan without the prior written consent of the Responsible Authority. No storage or dumping of tools, equipment or waste is to occur within the Tree Protection Zone.
Conditions required by Melbourne Water 23. Finished floor levels for all proposed buildings are required to be set as follows:
Proposed Storage Shed must be constructed a minimum of 300mm above the applicable flood level of 11.30 metre to Australian Height Datum (AHD), which is a minimum if 11.60m to AHD. Eastern Pavilion must be constructed a minimum of 600mm above the applicable flood level of 11.26m to AHD, which is a minimum of 11.86m to AHD. Western Pavilion must be constructed with finished floor levels a minimum of 600mm above the applicable flood level of 10.90m to AHD, which is a minimum of 11.50m to AHD.
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Utilities Enclosure must be constructed a minimum of 600mm above the applicable flood level of 10.25m to AHD, which is a minimum of 10.85m to AHD.
24. Existing drainage infrastructure must be utilised. Melbourne Water will not accept any new stormwater connections to Gardiners Creek. All existing stormwater connections to Gardiner’s Creek must be shown on the proposed development plans.
25. A Site Environment Management Plan (SEMP) must be submitted to Melbourne Water for approval. The SEMP must detail sediment and pollution controls that will be implemented during the construction phase of the project to protect the waterway.
26. Any excess soil created from the grading and levelling of the development site must not enter the waterway corridor or be piled adjacent the waterway corridor risking sediment runoff into the waterway.
27. Prior to the commencement of works, a detailed landscape plan must be submitted to Melbourne Water for approval.
The area to be landscaped is located 70m from the west pylon to Tooronga Road and must be landscaped with local indigenous vegetation. (See attached plan for more information) Further landscaping may be required within the fence line where room exists (Reserve 3 or near the fence line Functional Layout Plan - 11507L901). Melbourne Water has previously conducted works and planting along Gardiners Creek south of this site where the natural surface levels have been altered and vegetation has been planted. These plantings completed by Melbourne Water have had a failure rate of 30%. Melbourne Water may require that additional plantings be done by the permit applicant to replace the plants that have since died as part of this planning permit application and landscape plans required to be submitted. Melbourne Water recommends that the applicant apply to Melbourne Water’s Stream Frontage Management Program for funding for revegetation plants and materials that can be used for landscaping requirements. Please call 131 722 for more information.
28. Prior to the issue of an Occupancy Permit, a certified survey plan showing finished floor levels (as constructed) reduced to the Australian Height Datum must be submitted to Melbourne Water. The Plan must demonstrate that the floor levels have been constructed in accordance with Melbourne Water's requirements.
29. Pollution and sediment laden runoff shall not be discharged directly or indirectly into Melbourne Water's drains or waterways.
Driveways and car parking areas to be constructed 30. Before the use starts or any building is occupied, area/s set aside for car parking, access lanes and driveways shown on the endorsed plans must be:
a) Constructed; b) Formed to such levels and properly drained so that they can be used in accordance with the endorsed plans;
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c) Surfaced with an all-weather seal coat; d) Line marked to indicate each car space; e) Clearly marked to show the direction of traffic along the access lanes and driveways; and f) Drained
to the satisfaction of the Responsible Authority.
Number of car and bus parking spaces 31. A minimum of 66 car parking spaces and three (3) bus parking bays must be provided on the land, to the satisfaction of the Responsible Authority.
Use of car and bus parking spaces and driveways 32. Car and bus spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose, to the satisfaction of the Responsible Authority.
External Lighting 33. Lighting must be provided in accordance with the endorsed plans to ensure that car park areas and pedestrian accessways are adequately illuminated and must be designed, baffled and located so as to prevent light from the site causing any unreasonable loss of amenity to the surrounding area, to the satisfaction of the Responsible Authority.
Vehicle crossovers 34. Any new vehicle crossover or modification to an existing vehicle crossover must be constructed to the satisfaction of the Responsible Authority.
Removal of redundant vehicle crossovers 35. All disused or redundant vehicle crossovers must be removed and the area reinstated with footpath, naturestrip, kerb and channel to the satisfaction of the Responsible Authority.
Drainage 36. The site must be drained to the satisfaction of the Responsible Authority.
Sediment laden run-off 37. No polluted and/or sediment laden runoff is to be discharged directly or indirectly into Council's drains or watercourses during and after development, to the satisfaction of the Responsible Authority.
Loudspeakers 38. External sound amplification equipment and loudspeakers used for the purpose of announcements, broadcasts, playing of music or similar purposes must be designed, baffled and located so as to prevent noise emissions from the site causing any unreasonable loss of amenity to the surrounding area, to the satisfaction of the Responsible Authority.
Security alarms 39. All security alarms or similar devices installed on the land must be of a silent type in accordance with any current standards published by Standards Australia International Ltd and must be connected to a registered security service, to the satisfaction of the Responsible Authority.
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Regular waste removal 40. All waste material not required for further on-site processing must be regularly removed from the site. All vehicles removing waste must have fully secured and contained loads so that no wastes are spilled or dust or odour is created, to satisfaction of the Responsible Authority.
Maintenance of waste storage area 41. All bins and receptacles used for the collection and storage of solid waste, recyclables and other wastes must be kept in a designated area, to the satisfaction of the Responsible Authority. This storage area must be:
a) Properly paved and drained to a legal point of discharge; b) Screened from view with a suitably designed enclosure; c) Supplied with adequate hot and cold water; and d) Maintained in a clean and tidy condition free from offensive odours
to the satisfaction of the Responsible Authority.
Hours for waste collection 42. Collection of waste must be conducted so as not to cause any unreasonable disturbance to nearby residential properties and may only take place during the following times:
Monday to Friday: 7:00am to 10:00pm Saturday & Public Holidays: 9:00am to 10:00pm Sunday: No collection allowed
to the satisfaction of the Responsible Authority.
Construction Management Plan 43. Prior to the commencement of any site works, including demolition and excavation, a Construction Management Plan must be submitted to and endorsed by the Responsible Authority. No works are permitted to occur until the Plan has been endorsed by the Responsible Authority. Once endorsed, the construction management plan will form part of the permit and must be implemented to the satisfaction of the Responsible Authority. The plan must provide details of the following:
a) Hours for construction activity in accordance with any other condition of this permit; b) Measures to control noise, dust, water and sediment laden runoff; c) Measures relating to removal of hazardous or dangerous material from the site, where applicable; d) A plan showing the location of parking areas for construction and sub- contractors' vehicles on and surrounding the site, to ensure that vehicles associated with construction activity cause minimum disruption to surrounding premises. Any basement car park on the land must be made available for use by sub-constructors/tradespersons upon completion of such areas, without delay; e) A Traffic Management Plan showing truck routes to and from the site; f) Swept path analysis demonstrating the ability for trucks to enter and exit the site in a safe manner for the largest anticipated truck associated with the construction;
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g) A plan showing the location and design of a vehicle wash-down bay for construction vehicles on the site; h) Measures to ensure that sub-contractors/tradespersons operating on the site are aware of the contents of the construction management plan; i) Contact details of key construction site staff; j) A site plan showing the location of any site sheds, on-site amenities, building waste storage and the like, noting that Council does not support site sheds on Council road reserves; and k) Any other relevant matters, including the requirements of VicRoads.
Hours for demolition and construction 44. All works including earthworks, demolition and construction activity associated with the approved development must take place only during the following hours, except with the prior written consent of the Responsible Authority:
Monday to Thursday: 7:00am to 6:30pm Friday: 7:00am to 5:00pm Saturday: 8:00am to 5:00pm Sunday & Public Holidays: No construction
Permit to Expire 45. This Permit will expire if:
a) The development does not start within two (2) years of the issue date of this Permit; or b) The development is not completed within four (4) years of the issue date of this Permit.
The Responsible Authority may extend the times referred to if a request is made in writing before the permit expires or:
(i) Within six (6) months afterwards if the use or the development has not commenced; or (ii) Within twelve (12) months afterwards if the development has not been completed.
Council and the Victorian Civil and Administrative Tribunal are unable to approve requests outside of the relevant time frame.
PERMIT NOTES
Headings are for ease of reference only and do not affect the interpretation of permit conditions. This is not a Building Permit. A Building Permit may be required prior to the commencement of any works associated with the proposed development. Prior to the commencement of any works on the site, the owner/developer must submit drainage plans for assessment and approval by the Responsible Authority (Asset Management Department). Stormwater drains are to be connected to a legal point of discharge approved by Council. Drainage Connections within a road reserve, right-of-way, parkland, within an easement or to a Health Act drain must be to Council’s standards. A Council Supervision Permit is required for this work. All fees and charges associated with the connection are to be borne by the applicant.
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Prior to the commencement of any works on the site, the owner / developer must submit any new vehicular crossover or modification or alteration to an existing crossover proposal for assessment and approval by the Responsible Authority (Asset Management Department). Plant, equipment or services (other than those shown on the endorsed plans) that are visible from a street or a public park may require further planning permission. This includes air-conditioners, solar panels, water tank and the like. Council’s Tree Protection Local Law requires that a Local Law Tree Permit be sought from Council for the removal and/or lopping of a Significant Tree and/or excavation within the critical root zone of a Significant Tree. A list of Significant Trees is available at http://www.boroondara.vic.gov.au/environment/trees/significant_tree. A Local Law Tree Permit is also required to remove a canopy tree with a trunk circumference of 110cm or more measured at 1.5m above ground level. A Planning Permit does not constitute a Local Law Tree Permit. Please contact Council’s Arborist – Statutory Planning (telephone 9278 4844) should a Local Law Tree Permit be required. An Asset Protection Permit is required prior to the commencement of site works in accordance with Council’s Protection of Council Assets and Control of Building Sites Local Law 2011. Prior consent from Council and any and all public authorities is required to be obtained for alteration or reinstatement of assets or services affected as a result of the development. The full cost of reinstatement of any Council assets damaged as a result of demolition, building or construction works, must be met by the permit applicant or any other person responsible for such damage, to the satisfaction of the Responsible Authority. Discharge to the legal point of discharge will be allowed subject to the flow being limited to a rate equivalent to pre-development levels or less. Any additional discharge and / or runoff above the pre-development level is to be detained on site, via an approved storm water detention system. This matter should be discussed with Council’s Asset Management Department.
Works over easement
Prior to the issue of a building permit, the owner must obtain the consents of all relevant authorities for any buildings or works, including any paving, fences and landscaping, over any easement or underground services under the control of a public authority including sewers, drains, pipes, wires or cables. The owner must accept all reinstatement costs in carrying out repairs to any buildings, works or landscaping over the easements should such buildings, works or landscaping be disturbed by any works undertaken by Council in the future.
Permit notes required by Melbourne Water
The estimated flood level for the property grades from 11.30 metres to Australian Height Datum (AHD) at the eastern property boundary down to 10.20 metres to AHD at the western property boundary. These flood levels are based on a 100 year Average Recurrence Interval (ARI) storm. This is a storm that has a probability of occurrence of 1% in any one year. If further information is required in relation to Melbourne Water's permit conditions shown above, please contact Melbourne Water on 9679 7517, quoting Melbourne Water's reference 194691.
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STATUTORY PLANNING OFFICERS REPORT Urban Planning Special Committee
Application Number PP15/00155 Date Application 25 February 2015 (further information submitted on 10 April Received 2015 and 4 September 2015) Planning Officer Seuna Byrne Applicant St Kevin's College C/- Contour Consultants Australia Pty Ltd Owner Coles Group Property Developments Ltd Property Address 1002 Crescent Road, Glen Iris Proposal Development of sporting fields and associated buildings in association with an education centre; reduction of the associated car parking and bicycle facilities requirements; on land affected by the Land Subject to Inundation Overlay. Ward Gardiner Zoning Priority Development Zone - Schedule 1 (Tooronga Village) Overlays The Environmental Audit Overlay (EAO) affects the entire site and the Land Subject to Inundation Overlay (LSIO) affects part of the site Drainage Area of No. Interest? Advertised? The application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Planning and Environment Act, 1987.
However, on two (2) occasions, consultation was undertaken with over 900 property owners and occupiers via mail-outs to all households located to the east of the site (generally bordered by Gardiners Creek to the south, Burke Road to the west and Toorak Road to the north) and including the property owners and occupiers within Tooronga Village. Property owners/occupiers located on the west side of Tooronga Road were also informed of the application. Number of objecting 11 submissions received Number of letters of 1 support received Recommendation That Council resolve to grant a Planning Permit.
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PLANS ASSESSED IN THIS REPORT Plans used for community consultation on 14 May 2015 and further information used for community consultation on 9 October 2015.
PROPOSAL
Appendix A - Plans used for community consultation on 14 May 2015
Appendix B - Plan of alternative boundary fencing treatment “for discussion purposes” - 1 July 2015
An application has been made to Council for development of sporting fields and associated buildings in association with an education centre and reduction of the associated car parking requirements on land partially affected by the Land Subject to Inundation Overlay.
Specifically, the proposal seeks permission to construct sporting fields and associated buildings and works for use by St Kevin’s College, with occasional use by other schools and community groups.
Details of the proposal are summarised as follows:
Sports facilities:
x Cricket nets, high jump, athletics track, three (3) soccer pitches, AFL football field (the AFL football field occupies the same part of the site as two of the soccer pitches), shot put, hockey field and tennis courts (the tennis courts occupy the same part of the site as the hockey field).
Buildings proposed (located on the land, from west to east):
x Utilities enclosure (setback 13.788m from the western [Tooronga Road] boundary). The enclosure is not roofed and would enclose a substation, utilities and a main switchboard, sitting on a concrete slab. The enclosure would be constructed of 3mm perforated aluminium panels with a maximum overall height of 3.1m above the concrete slab.
x Western pavilion (located between the internal road and athletics track). Two (2) storey building incorporating six (6) change rooms, store room, male & female toilets, office, first aid room, officials room and plant room on the ground floor, with two (2) class rooms, a kitchen, lobby, store room and balcony on the first floor. The building has a maximum overall height of 8.035m.
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x Eastern pavilion (located at the end of the internal road, next to the hockey field/tennis courts). Single storey building incorporating four (4) change rooms, store room, multi-purpose hall, first aid room and official’s room. To the west of the building a large undercroft covered outdoor seating area is provided that includes BBQ facilities. The building has a maximum overall height of 8.135m.
x Storage shed (setback between 14.078m - 22.265m from the eastern boundary, adjacent to Burke Road South Reserve). The shed is constructed with Colorbond sheeting for the walls and roof. The building has a maximum overall height of 4.52m.
Fences proposed:
x Boundary fencing, comprised of 2.4m high black chainwire fencing, with 3 rows of barbed wire above (overall height of 3.0m), except for that part of the boundary that abuts the hockey field / tennis courts, which would be fenced with 3.5m high black chainwire fencing, with 3 rows of barbed wire above (overall height of 4.1m). x Sports field fencing, comprised of fixed barrier netting, with an overall height of 6.0m. x Retaining walls of various heights.
On 1 July 2015, the applicant provided Council with a plan “for discussion purposes” that proposes an alternative boundary fencing treatment. A copy of the plan is provided at Appendix B. The plan shows:
x Boundary fencing, comprised of 3.0m high black chainwire fencing, except for those parts of the boundary that abut Nos. 1B and 2A Faircroft Avenue and 20 Parkin Street, where the existing timber paling fences will be retained.
No. of car spaces:
x Two (2) car parking areas are proposed. The eastern-most area contains 12 spaces (including 2 disabled spaces). The western-most area contains 17 car spaces (including 2 disabled spaces), for a total of 29 car spaces (including 4 disabled spaces).
No. of drop off car bays:
x A total of 14 indented parallel car drop off bays are located along the internal road.
There is proposed to be a total of 43 car parking spaces on the land, including the drop- off bays.
On 4 September 2015, the applicant provided additional advice from GTA Consultants who indicated a further 23 car parking spaces could be informally provided along the southern side of the internal roadway, for a total of 66 on-site car spaces. Council’s
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Traffic Engineers have recommended that a permit condition be imposed requiring the formalisation of the additional 23 car spaces, so that 66 line-marked car spaces are provided on the land.
No. of bus parking bays:
x A total of three (3) bus parking bays are located along the internal road.
No. of bicycle spaces:
x 50 (25 bicycle hoops).
Tree removal/retention:
x It is proposed to retain a stand of pine and spotted gum trees located adjacent to the eastern boundary, at the north-east corner of the site. x It is proposed to retain the existing trees located adjacent to the northern boundary, to the south of Burke Road Reserve, with the exception of dead trees, which are proposed to be removed.
Vehicle access to the land:
x It is proposed to have one (1) vehicle entry point into the land, generally in the location of the existing main entrance, at the Crescent Road roundabout.
Pedestrian access to the land:
x It is proposed to have three (3) pedestrian entry points into the site. They are located at the main entrance (via Crescent Road), at the south-west corner of the site (connecting to the Gardiners Creek Trail) and at the eastern boundary (connecting to Burke Road South Reserve). These paths are each proposed to be 2.5m wide. x Internally within the site, 1.5m wide pedestrian footpaths are proposed to connect the various facilities. x A new grey concrete footpath is proposed to be constructed along parts of the northern boundary of the site. From the west, the new footpath will connect the main entrance with the Tooronga Road footpath and the Gardiners Creek Trail. From the east, the new footpath will connect the main entrance with the main entrance to the Coles multi-deck car park (at present the granitic sand pedestrian path from the Coles multi-deck car park terminates at the pedestrian crossing on Crescent Road). New landscaping will be installed adjacent to the footpath.
Number of students:
Surveys were undertaken by St Kevin’s of their existing ‘out of school hours’ sporting activities, to gauge the anticipated usage levels of students, staff and parents over the
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course of a school year. The surveys indicate that the highest utilisation of the site (in terms of the number of people on site at any one time) is expected to occur at the following times:
x During Term 1 on a Friday afternoon/evening (being 156 people, including 96 students); and x During Terms 2 and 3 on a Saturday (being 284 people, including 228 students).
In information provided to Council on 4 September 2015, St Kevin’s College made the following clarifications about how they intend to use the land:
1. On Monday to Friday, between 9:00am to 3:30pm, group sizes on the land may vary substantially (from between 30 students to 1,900 students): a) During these times, students will travel to the site by train (other than those who may require assistance for travel (i.e. injured students) who would likely gain a lift to the site with a staff member by car). b) Accordingly, car parking demands during the day are expected to be limited to staff-related cars, as there will be no parent pick-up or drop-off activity, nor an ability for parents to watch any games. 2. On Monday to Friday, from 3:30pm to 5:00pm, it is understood that group sizes are likely to be approximately 129 students for training: a) This student patronage equates to a statutory car parking requirement of 51 car spaces, which exceeds the current proposed provision of 43 car spaces but is less than the 66 car spaces that could be provided on the land. 3. On Fridays when there is no training, from 3:30pm to 5:00pm, it is understood that group sizes are likely to be up to approximately 102 students for fixture games: a) This student patronage equates to a statutory car parking requirement of 40 car spaces, which is less than the proposed provision of 43 car spaces and the 66 car spaces that could be provided on the land. 4. On Saturdays, for fixture games, it is understood that group sizes are likely to be up to approximately 228 students: a) This student patronage equates to a statutory car parking requirement of 91 car spaces, which is more than the proposed provision of 43 car spaces and the 66 car spaces that could be provided on the land. b) On Saturdays, parents of College students and visiting schools will be able to park within the Ground Level of the Coles multi-storey car park, within which 187 car spaces will be available for such use. This results in 253 car spaces being available at such times.
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Boundaries of the subject site
It is noted that the application plans reference a “title boundary” in addition to a “site boundary”. The blue coloured “title boundary” references the boundary of the site as it currently exists. The red coloured “site boundary” represents the land that St Kevin’s College will ultimately own. The remainder of the land is proposed to be transferred to Council as reserves. This is generally limited to the land located along the southern side of the property, adjacent to the Gardiners Creek path, and the steep embankment located adjacent to the southern side of Crescent Road. Any proposed transfer of land is not dealt with as part of this application.
THE SITE
Appendix C - Location of subject site, notified properties, objectors and supporters
Site Location The subject site is located on the southern side of Crescent Road and is bordered by Tooronga Road to the west and Gardiners Creek to the south. Width of Frontage Approximately 220m to Crescent Road Approximately 78m to Tooronga Road Total Site Area 65,230m2 (6.523 hectares) Easements The land is encumbered by a number of easements, including easements for drainage, sewerage, Melbourne Water pipelines, electricity, telephone, air exhaust and ventilation and building maintenance and cleaning. Refer to the Certificate of Title for full details of the easements that encumber the land. Fall of the Land The land falls from north to south, with steep embankments adjacent to parts of the northern, southern and eastern boundaries. The centre of the property has a gentle fall from north to south. Fencing Details A cyclone wire mesh fence surrounds the perimeter of the property.
The subject site is located within an area known as “Tooronga Village”. The land contains a two (2) storey building located at the north-west corner, an at-grade car park with associated accessways and fencing. The balance of the land is vacant. The land is currently unused.
The site was previously used for industrial purposes including a former brickworks and quarry. Remediation works have been undertaken on the site. As part of the remediation works a clay cap and underlying gas relief layer was placed across the former quarry part of the site. Contaminated soils were also treated with lime and cement and then placed as treated fill beneath a cover of clean soil.
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Above: The existing building on the land, viewed from the corner of Tooronga Road and Crescent Road
Above: The subject land, viewed from the Gardiners Creek Trail. Tooronga Village and Coles Offices and multi-deck car park are visible in the background
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Above: The currently un-used at-grade car park on the subject land. The Coles multi-deck car park is visible in the background
The land is substantially devoid of significant vegetation, except for along part of the northern boundary where the site abuts Burke Road South Reserve and a stand of pine and spotted gum trees located adjacent to the eastern boundary where the property abuts residential properties in Faircroft Avenue and Parkin Street.
Above: Existing trees within the subject site and Burke Road South Reserve, as viewed from Burke Road South Reserve
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Above: The canopy of the existing stand of pine and spotted gum trees is visible in the background, to the rear of dwellings in Faircroft Avenue and Parkin Street
There are presently two (2) vehicle access points on the land. Both access points are via Crescent Road. From west to east, the first provides access to the small at-grade car park located adjacent to the existing building. The main vehicle access point is located at the roundabout.
Above: The existing main vehicle entrance to the site, at the Crescent Road roundabout
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In addition to at the main vehicle entrance, pedestrian access to the land is available via a gate on the eastern boundary at Faircroft Avenue. The gate provides access to a path that leads to the Coles multi-deck car park on the northern boundary.
Above: The existing gate from the site into Faircroft Avenue
Above: The existing path from Faircroft Avenue to the Coles multi-deck car park
High voltage power lines are located along and within the southern site boundary, generally following the creek corridor in this location.
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Above: High voltage power lines located within the current title boundaries of the site
THE SURROUNDING AREA
Above: Melways extract showing the location of St Kevin’s College and the site
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Above: Melways extract showing the location of the site and immediate surrounds
Above: February 2015 aerial photo of the site and surrounds
“Tooronga Village” is a stand-alone mixed use complex located in close proximity to the Tooronga Commercial Corridor. The complex includes a major office building that houses the head office of the Coles group and includes a multi-storey high density residential development above an enclosed shopping centre. Basement car parking is provided beneath the shopping centre and the office building, in addition to a multi-deck
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car park located abutting the northern boundary of the subject site, which is associated with the office building.
North
Coles Store Support Centre - 800 Toorak Road
The property at 800 Toorak Road is occupied by Coles Store Support Centre complex, which includes six (6) levels of office (approximately 43,000m2 of office space and approximately 3,500 people working in the complex) and two car parking levels providing a total of 1,200 car parking spaces within the building. A newly constructed multi-deck car park provides a further 1249 car spaces for the office complex.
The office building has a varied setback to Toorak Road with a modular form stepping up into the site. Vehicle entry is provided via a controlled access point on the Toorak Road frontage into the upper basement car park. Secured access is provided from Crescent Road into the basement car park beneath the office complex and into the multi-deck car park.
The entrances into the Coles car parks are controlled by security staff and by boom gate entry.
Tooronga Village site – 766 -774 Toorak Road
Tooronga Village is located north-west of the site, occupying land on the south-eastern corner of Toorak Road and Tooronga Road. The site is irregular in shape. The site has a frontage to Toorak Road of approximately 155m, a frontage to Tooronga Road of 195m.
The Village site was comprised of the completed Stage 1 and Stage 2B of the Stockland development. Stage 1 consisting of 297 residential apartments and a shopping centre (8,000m2) including a Coles supermarket, 27 speciality shops and 4,000m2 of office space. Stage 2B was comprised of the Coles multi-deck car park. Other sections of the approved Stockland development have not been built. In summary, the approved plans provided for a further 300 dwellings, in the form of townhouses and multi-level apartments. It is no longer proposed to construct the additional dwellings.
South
The Gardiners Creek corridor is located abutting the southern boundary of the site. The creek was substantially re-engineered in the construction of the Monash Freeway and is essentially a steep sided channel which has been the subject of re-vegetation work. Melbourne Water recently undertook works to widen the creek channel to increase its capacity and assist in the prevention of flooding of houses in Faircroft Avenue.
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The Gardiners Creek cycle and pedestrian pathway runs close to the northern creek edge. The alignment of the shared path meanders in and out of the current title boundaries of the subject site.
The Monash Freeway is located adjacent to the southern side of the Creek. Residential and industrial properties are situated beyond the Freeway, within the City of Stonnington.
East
The eastern boundary of the site is adjacent to existing residential buildings of single detached character with frontages to Parkin Street. The Burke Road South Reserve is situated south east of the subject site.
The Tooronga Railway Station is located approximately 500 metres south west of the subject site. This station is situated on the Glen Waverley line.
The wider area is comprised of a mix of land uses.
Surrounding road network
Tooronga Road runs in a north-south alignment along the western boundary of the site. The road functions as a primary arterial road and is under the jurisdiction of VicRoads. The road carries approximately 23,000 vehicles per day.
Toorak Road runs in an east-west alignment along the northern side of Tooronga Village. The road functions as a primary arterial road and is under the jurisdiction of VicRoads. The road carries approximately 30,000 vehicles per day.
Crescent Road bisects Tooronga Village, connecting with Tooronga Road at the western end and Toorak Road at the northern end. The road functions as a collector road and carries approximately 5,000 vehicles per day. The intersections at each end of Crescent Road are both signalised, controlling vehicle movements onto Tooronga Road and Toorak Road.
Surrounding walking and cycling network
The Gardiners Creek Shared Path generally runs along the length of the southern boundary of the site. In some instances, the path encroaches into the title boundaries of the subject site. However, it is noted that those parts of the land proposed to be developed for the education centre do not affect the existing alignment of the shared path.
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Above: Gardiners Creek and the Gardiners Creek Shared Path
RESTRICTIVE COVENANT/AGREEMENTS
No restrictive covenants are registered on the certificate of title for this property.
An Agreement pursuant to Section 173 of the Planning and Environment Act was removed from the certificate of title for the subject site on 29 June 2015 by Land Registry. Approval of the removal of the Agreement was granted as the obligations under the agreement had been satisfactorily discharged.
ABORIGINAL CULTURAL HERITAGE
Is the site within an area of Yes, as the land is located within 200m of a waterway Aboriginal cultural heritage registered under the Geographic Place Names Act 1998 sensitivity? (Gardiners Creek) Is a Cultural Heritage No The proposal is exempt pursuant to Regulation Management Plan required? 23(2), which states, “If part of a waterway or part of the land within 200 metres of a waterway has been subject to significant ground disturbance, that part is not an area of cultural heritage sensitivity.
A Cultural Heritage Assessment has been undertaken by accredited Cultural Heritage Advisors from Andrew Long & Associates. The assessment indicates that although the site is located within an area of Aboriginal cultural heritage sensitivity, due to its proximity to Gardiners Creek, the proposed buildings and works are exempt from requiring a Cultural Heritage Management Plan on the basis of evidence of significant ground disturbance across the entirety of the site.
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Above: 2010 aerial photo of the site, depicting comprehensive mechanical ground works
The above aerial photo from 2010 reveals substantial earthworks and the construction of sealed roadways, at-grade car parks and multi-storey car parks. The image shows that these works encompass all ground surfaces within the subject site. The submitted Cultural Heritage Assessment states:
“Specifically the works comprise comprehensive grading and levelling, with all soil surfaces displayed evidence of mechanical disturbance. A large embankment is visible along the northwest boundary of the activity area, indicating significant mechanical down cutting in this vicinity. Stockpiled soil deposits resulting from ground works are evident within the northern extent of the activity area. A large sealed carpark is also visible within the eastern and south eastern portion of the activity area, with an associated roadway leading to Crescent Road.
Collectively the footprints of structures or sealed surfaces, and graded ground deposits, account for the entire activity area. The 2010 image provides clear evidence that the entirety of the activity area has been subject to mechanical ground works. These works constitute significant ground disturbance in accordance to subregulation 23(2) of the Regulations 2007. As a result a CHMP should not be required for the proposed developments within the activity area.”
While the preparation of a Cultural Heritage Management Plan is not required in this instance, it is recommended that the protocol recommended by Cultural Heritage Assessment Officer be adopted in the event an Aboriginal Heritage Site is identified during construction. This is implemented in the recommended permit conditions.
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PERMIT/SITE HISTORY
Planning Scheme Amendment C70
The “Tooronga Village” site, which includes the subject site, was the subject of Planning Scheme Amendment C70. This amendment was gazetted on 26 October 2006 and made the following changes to the Boroondara Planning Scheme:
x Rezoned the Tooronga Village Shopping Centre and adjacent land to the south, to Gardiners Creek, to a Priority Development Zone (PDZ); x Introduced an Incorporated Plan into Clause 81, relating to Tooronga Village and introduced a reference document to guide future development of the land; x Applied an Environmental Audit Overlay over the southern portion of the land, including the subject site; x Made the Minister for Planning the responsible authority for the land.
In its exhibited form, Amendment C70 was assessed based on the assumption that the Tooronga Village site would accommodate the following components:
x Dwellings (not specified but assumed by the Panel to be 600); x Office - 6,000sqm; x Shop - 10,000sqm.
Following rezoning of the land, the development was to be carried out in stages. Of those, only Stage 1 and Stage 2B have been completed1. Stage 1 was comprised of the mixed use development that exists on the corner of Toorak Road and Tooronga Road, consisting of 297 residential apartments and a shopping centre (8,000m2) including a Coles supermarket, 27 speciality shops and 4,000m2 of office space. Stage 2B was comprised of the multi-deck car park for use by Coles office staff.
Stage 2A, which has not been constructed and would have been located on the northern side of the subject site, consisted of an 11-storey apartment building with 163 dwellings and parking for 199 vehicles. This building would have generally been located to the west of the Coles multi-deck car park.
A further 140 low-rise dwellings were intended to be located on the balance of the land, adjacent to the Gardiners Creek Shared Path. In total, the Planning Scheme Amendment and associated permits envisaged approximately 300 dwellings being located on the subject site.
1 Stages 1, 2A, 2B, 3A, 3B, 4, 5, Open Space A and Open Space B were included in the Incorporated Plan approved on 26 October 2006.
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Planning Scheme Amendment C188
Planning Scheme Amendment C188 made changes to the existing Schedule 1 to the Priority Development Zone (PDZ1) and the associated Tooronga Village Incorporated Plan (2006) to facilitate the future use and development of the southern, currently undeveloped portion of the site for sports fields and sports-related educational facilities for St Kevin’s College.
The amendment was exhibited to surrounding property owners and occupiers from 4 April to 9 May 2014. Public notices were also placed in the Local Newspaper and the Government Gazette. A total of five (5) submissions were received to the amendment. Of these, three (3) did not object to the proposed changes and two (2) sought alterations to the amendment.
Council considered submissions to the amendment at a UPSC Meeting on 18 August 2014 and resolved to adopt the amendment and send it to the Minster for Planning for approval at a Council meeting on 22 September 2014.
The amendment was gazetted on 22 January 2015 and made the following changes to the Boroondara Planning Scheme:
x Amend the PDZ1 to change the objectives, table of uses, the notice provisions and the car parking and traffic provisions to allow for the future redevelopment of the site as a multi-deck car park and sporting fields. x Amend the Tooronga Village Incorporated Plan 2006.
NOTICE OF APPLICATION
This planning permit application is entirely exempt from the notice and review requirements of the Act, as set out below.
Exemption from notice and review - Priority Development Zone
Pursuant to Clause 37.06-6 of the Priority Development Zone, “an application under any provision of this scheme which is generally in accordance with the incorporated plan is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act unless the schedule to this zone specifies otherwise.”
Use and development of the subject land for an education centre is considered to be generally in accordance with the Tooronga Village Incorporated Plan 2013, approved as part of Amendment C188, as it is located within Precinct 2 - Recreation and Sports- Related Education Facilities of the Incorporated Plan.
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Pursuant to Section 3.0 of Schedule 1 to the PDZ, “the exemption from the notice and decision requirements and review rights set out in Clause 37.06-6 does not apply to an application for building and works within 30 metres of the eastern residential boundary of the site which are in excess of 8 metres in height or involve sportsfield lighting.”
The only buildings and works proposed to have a height in excess of 8m are the eastern and western pavilions. Each of these buildings is located more than 30m from the eastern residential boundary.
Based on the lodged plans, sports field lighting is not proposed as part of this application.
Exemption from notice and review - Land Subject to Inundation Overlay
Pursuant to Clause 44.04-4, an application under the Land Subject to Inundation Overlay “is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.”
Exemption from notice and review - Clause 52.06 Car Parking
Pursuant to Clause 52.06-4, this application to reduce the car parking requirements is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act because:
x the application is also for a permit under another provision of the planning scheme and in respect of all other permissions sought, the application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.
Exemption from notice and review - Clause 52.34 Bicycle Facilities
Pursuant to Clause 52.34-2, an application to vary, reduce or waive the bicycle facilities requirements of Clause 52.34-3 and Clause 52.34-3 is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.
COMMUNITY CONSULTATION
May 2015
Notwithstanding that the application is exempt from the notice and review requirements of the Act, consultation with the local community was undertaken on 18 May 2015 by the posting of letters to 911 property owners and occupiers located to the east of the
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site (in the area bordered by Gardiners Creek to the south, Burke Road to the west and Toorak Road to the north) and including the property owners and occupiers within Tooronga Village. Property owners and occupiers located opposite the site, on the west side of Tooronga Road, were also informed of the application.
A total of eight (8) submissions were received. These were comprised of one (1) letter in support of the development and seven (7) submissions objecting to the development.
October 2015
Following the receipt of additional information from the Applicant which provided further clarification of how the school intended to use the land, a second round of community consultation was undertaken on 9 October 2015 by the posting of letters to 936 nearby property owners and occupiers.
A further four (4) objection submissions were received (for a total of 11 objections).
The grounds of objection to the development are summarised as follows:
x Insufficient on-site parking; x Inadequate provision is made for drainage; x The intersection of the path along Tooronga Road with the Gardiners Creek path is at a right-angle with poor sightlines due to a proposed fence; x All parking should be at the main entrance near the Coles car park. The eastern gate should be for pedestrians only; x Parking restrictions should be imposed surrounding Burke Road South Reserve; x Gate at eastern end, into Burke Road South Reserve, should be deleted as it will result in Parkin Street being used as a pick-up / drop-off location; x Behaviour of people associated with St Kevin’s College rugby matches at Burke Road South Reserve requires monitoring as the park is regularly littered with sports tape and other rubbish following matches; x The eastern gate should be located further south along the eastern boundary, so that it is closer to the Gardiners Creek path; x The proposed 3m high fence along the eastern boundary will have a detrimental impact on the health and form of the existing pine trees; x The design of the boundary fence is like a prison fence; x The landscape plans should show the height of plants at the time of planting. Mature planting is needed. x A substantial number of students on the land will disrupt the life of residents within Tooronga Village.
The reasons for support of the development are summarised as follows:
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x Support the application for sporting fields as it is the best option for the current bitumen covered eye-sore. x Council should support and encourage young people being active. x No concern with a reduction of the parking requirements, as the site has excellent access to public transport and the Gardiners Creek bike path.
Matters raised in submissions are addressed in the foregoing report.
INTERNAL REFERRALS
The application was referred to the following internal departments of Council for comment.
Traffic & Transport Department - Traffic Engineers
The following advice was received from Council’s Traffic Engineers:
“I refer to the current planning application at 1002 Crescent Road, Glen Iris (PP15/00155) to develop a sporting and education centre incorporating a number of sporting fields and associated pavilions. This facility is for use exclusively by St. Kevin’s College for the purpose of sporting events and other educational purposes. A total of 43 formalised parking spaces are to be provided on-site, incorporating 29 standard parking spaces and 14 drop-off bays. Additionally, there are 23 unmarked on-street parking spaces on the southern side of Crescent Road proposed, which expands the on-site parking capacity to 66 spaces.
In addition, three bus parking bays are to be provided, whereby it is intended that these bays be utilised for passenger vehicle parking when not in use, equating to an additional 10 spaces (76 parking spaces, in total) and provision for 50 bicycle parking spaces. The 10 spaces accommodated within the bus bays are noted, but are to be omitted for the purposes of the analysis. Advice from St. Kevin’s College regarding the operation of the facility in terms of attendance and use are to vary considerably throughout a typical week. This operation may be summarised as follows:
x Monday to Friday - 9am-3:30pm - Student groups between 30 - 1,900 students. All students to travel to venue via train or public transport, with minimal staff parking on-site, as required, during these periods. No external spectators proposed during these hours. x Monday to Friday - 3:30pm-5pm - Student groups to a maximum of 129 students. This is to accommodate scheduled training sessions. Equates to a statutory on-site parking requirement of 51 spaces in accordance with Clause 52.06. x Friday - 3:30pm-5pm (No scheduled training, periodical) - Student groups to a maximum of 102 students. This is to accommodate scheduled fixture games.
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Equates to a statutory on-site parking requirement of 40 spaces in accordance with Clause 52.06. x Saturday - Student groups to a maximum of 228 students. This is to accommodate scheduled fixture games. Equates to a statutory on-site parking requirement of 91 spaces in accordance with Clause 52.06. In line with a private agreement between St. Kevin’s College and the Coles Group, parents of College students and visiting schools will be able to park within the Ground Level of the Coles multi-storey car park, equating to an additional 187 parking spaces available for such use.
Direct access to the facility is proposed via Crescent Road only. The proposed facility is located within the Tooronga Village retail/commercial precinct, directly south of the recently constructed Coles multi-deck car park and south-east of the Tooronga Village shopping centre.
On review of the associated development information including a traffic impact assessment by GTA Consultants dated 23 February 2015, additional supporting information submitted to Council on 24 April 2015 and 4 September 2015, respectively, and submissions from the applicant (St. Kevin’s College) and Contour Town Planners, I provide the following feedback:
x Based on the fluctuating maximum attendance at the site, discounting Saturday operation, there is a statutory requirement to provide between 40-51 on-site parking spaces in accordance with Clause 52.06 of the Boroondara Planning Scheme. The proposed effective on-site provision of 66 spaces, including the 23 unmarked on- street spaces on the south side of the internal road will accommodate the proposed parking demands during scheduled Monday-Friday operation at the venue. x Noting the above operation as specified by St. Kevin’s, measures must be formalised via a Green Travel Plan or other means to ensure that this operation is maintained for the duration of use. This is particularly relevant for the proposed operation Monday-Friday, 9am-3:30pm, where it is proposed that the majority of students are to travel to the site via train/public transport. x Empirical mode split data collected by GTA Consultants of existing travel patterns at St Kevin’s College indicates that a majority of students will use alternate modes of transport to access the site in place of the motor vehicle, including trains, buses and cycling. Given the site’s proximity to the school campus and to alternate transport infrastructure, this is considered reasonable. x Based on the collected data (encompassing the entire school year), it is indicated that the highest motor vehicle usage levels occur in Term 1, with peak levels being experienced during the Friday and Saturday peak periods, predominantly. Based on this data and the stated assumptions in the report regarding drop-off/pick-up behaviours, it is anticipated that the site will generate a maximum of 76 parking spaces on a typical Saturday, compared with a statutory requirement of 91 spaces. These anticipated parking demands are considered reasonable and robust with respect to the submitted mode split data.
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x Accordingly, there is sufficient on-site parking provision to accommodate the anticipated peak weekday parking demand, with an overspill of between 10 parking spaces (empirical data) and 25 parking spaces (statutory requirement) to be experienced during the anticipated peak Saturday demand. x It is suggested that the overspill parking demand experienced on a Saturday may be accommodated in the adjacent Coles multi-deck car park, noting that this proposed arrangement was considered as part of a previous planning amendment at this site. x An agreement document has been submitted (and subsequently executed) with regard to the use of this car park, which specifies that St. Kevin’s may utilise the ground floor level of the car park only between 8am and 5pm on Saturdays during the school term only. Requests for use of the car park outside of the school term must be made in writing. Existing parking occupancy estimates provided by GTA Consultants (on a Saturday) indicate that there would likely be a maximum demand in the vicinity of 100 vehicles associated with the Office use on the Coles site. Given the parking capacity of 187 spaces on the ground floor level, even if the existing parking occupancy on the Coles site was to be entirely accommodated on the Ground Floor, this still leaves a spare parking capacity of 87 spaces. It is considered that there would be more than adequate capacity on the ground floor level to accommodate the overspill of between 10 and 25 parking spaces to be experienced during the anticipated peak Saturday demand period associated with St. Kevin’s. On this basis, it is considered that any overspill parking demand occurring on Saturday competition days may be accommodated within the Coles multi-deck car park, subject to the submitted agreement being executed. x The proposed on-site provision of bicycle parking exceeds the requirement of Clause 52.34 and is acceptable. x All parking spaces satisfy minimum design requirements in accordance with relevant Australian Standards, specifically applicable standards of AS/NZS2890.1- 2004, including adequate design for disabled parking. x The inclusion of the unmarked on-street parking spaces on the south side of Crescent Road is of note. To clearly differentiate this area as on-street parking and to remain consistent with the other parking spaces on the site, it is specified that these bays be formalised and line marked. Furthermore, it is recommended that ‘No-Stopping’ signage or similar be installed to discourage additional parking outside of these areas. x The effective unobstructed carriageway width of Crescent Road, outside of on- street parking, has been reduced to 5.5m to accommodate these additional parking bays on the south side of Crescent Road. Given that buses are proposed to access the site, it should be suitably demonstrated via swept path analysis that a bus and a B99 design vehicle may pass each other simultaneously, given these constraints, or modifications made to the parking and/or carriageway width to accommodate this access. x A turning facility is provided in the north-western car park to permit vehicles to manoeuvre in the blind aisle.
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x Adequate pedestrian facilities are provided adjacent to the internal circulation road to assist pedestrian movement within the car parks and throughout the precinct in accordance with Design Standard 6 of Clause 52.06-8. Proposed lighting and other visibility measures should be outlined. x On review of the submitted landscaping plans it is considered that the design of the proposed landscaping surrounding the car parks does not impede visibility and is in accordance with Design Standard 7 of Clause 52.06-8. x Based on previously submitted in-depth analysis of the operation of the directly adjacent intersections and traffic signals, including SIDRA analysis and other analysis tools, it is considered that the anticipated traffic volumes of the proposed new facilities will not unduly impact on the surrounding road network. Furthermore, it is anticipated that traffic and parking behaviours associated with the proposed sporting facility will generally be confined to the arterial road network, namely Tooronga Road and Toorak Road. On this basis, the anticipated parking demands associated with the site will generally be accommodated on-site or within the Coles multi-deck car park during peak periods. It is also acknowledged that the adjacent Tooronga Village shopping centre car park may also be utilised by sporting patrons. As a result, given these on-site and nearby parking facilities, it is considered unlikely that a significant proportion of patrons will choose to park within nearby residential streets to access the facility. Therefore, it is considered that the parking impacts to the adjacent road network will be minimal.
In summary, Traffic & Transport have no further concerns regarding proposed sporting facility development.”
Planner’s comments:
The advice of Council’s Traffic Engineers is noted.
A permit condition has been recommended requiring the provision of a further 23 line- marked car spaces, generally located along the southern side of the internal roadway, for a total of 66 on-site car spaces (plus bus parking bays). The permit conditions also implement the necessary actions to ensure that the road carriageway width of the internal road remains sufficient to allow a bus and a B99-sized vehicle to pass each other.
A permit condition has been recommended requiring the implementation of the Car Park Licence between Coles Group and St Kevin’s College, via a Car Parking and Transport Management Plan.
On weeknights and Saturdays, the maximum number of students on the land would equate to a statutory requirement for five (5) and 11 bicycle parking spaces, respectively. Therefore, no dispensation is sought for bicycle facilities associated with the proposed maximum number of students that would be on the land on weeknights and Saturdays. During school hours, there are occasions where there will be up to
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1,900 students on the land. Therefore, during school hours, dispensation of up to 48 bicycle parking spaces is sought. The school has indicated that during school hours, events involving large numbers of students will utilise mass-transport options, such as the train and chartered buses to transport students to and from the site. This arrangement is proposed to be formalised by the implementation of a Green Travel Plan.
Parks & Gardens Department
The following advice was received from Council’s Parks and Gardens Department:
x The inclusion of a pedestrian connection between the school site and Burke Road South Reserve is acceptable as the connection is to a school and the school are a regular tenant at the sports oval located within the reserve; x The inclusion of a pedestrian connection between the school site and Burke Road South Reserve is acceptable as it would provide access in the event of the facilities being opened up for use by the general public; x It is understood that even if this development proceeds, St Kevin’s College will continue to seek to use Burke Road South Reserve for rugby matches. x St Kevin’s College have offered for the facilities to be available for use by other sporting clubs and community groups outside of school hours. A Memorandum of Understanding (MoU) to manage detailed aspects of the use by other sporting clubs and community groups has been prepared in discussions between St Kevin’s College, and Council’s Parks and Gardens and Sports Services Departments.
Planner’s comments:
The advice of Council’s Parks and Gardens Department is noted.
A permit condition has been recommended to facilitate use of the facilities by sporting clubs and community groups outside of school hours.
EXTERNAL REFERRALS
The application was referred to the following statutory referral authorities in accordance with Section 55 of the Act:
Melbourne Water
Appendix D: Melbourne Water referral attachment plan
The following comments were received from Melbourne Water in their role as a statutory referral authority in relation to the Land Subject to Inundation Overlay:
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“Melbourne Water, pursuant to Section 56 (1) of the Planning and Environment Act 1987, does not object to the proposal, subject to the following conditions and footnotes:
Conditions
1. Finished floor levels for all proposed buildings are required to be set as follows:
x Proposed Storage Shed must be constructed a minimum of 300mm above the applicable flood level of 11.30 metre to Australian Height Datum (AHD), which is a minimum if 11.60m to AHD. x Eastern Pavilion must be constructed a minimum of 600mm above the applicable flood level of 11.26m to AHD, which is a minimum of 11.86m to AHD. x Western Pavilion must be constructed with finished floor levels a minimum of 600mm above the applicable flood level of 10.90m to AHD, which is a minimum of 11.50m to AHD. x Utilities Enclosure must be constructed a minimum of 600mm above the applicable flood level of 10.25m to AHD, which is a minimum of 10.85m to AHD.
2. Existing drainage infrastructure must be utilised. Melbourne Water will not accept any new stormwater connections to Gardiners Creek. All existing stormwater connections to Gardiner’s Creek must be shown on the proposed development plans.
3. A Site Environment Management Plan (SEMP) must be submitted to Melbourne Water for approval. The SEMP must detail sediment and pollution controls that will be implemented during the construction phase of the project to protect the waterway.
4. Any excess soil created from the grading and levelling of the development site must not enter the waterway corridor or be piled adjacent the waterway corridor risking sediment runoff into the waterway.
5. Prior to the commencement of works, a detailed landscape plan must be submitted to Melbourne Water for approval.
x The area to be landscaped is located 70m from the west pylon to Tooronga Road and must be landscaped with local indigenous vegetation. (See attached plan for more information) x Further landscaping may be required within the fence line where room exists (Reserve 3 or near the fence line Functional Layout Plan - 11507L901). x Melbourne Water has previously conducted works and planting along Gardiners Creek south of this site where the natural surface levels have been
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altered and vegetation has been planted. These plantings completed by Melbourne Water have had a failure rate of 30%. Melbourne Water may require that additional plantings be done by the permit applicant to replace the plants that have since died as part of this planning permit application and landscape plans required to be submitted. x Melbourne Water recommends that the applicant apply to Melbourne Water’s Stream Frontage Management Program for funding for revegetation plants and materials that can be used for landscaping requirements. Please call 131 722 for more information.
6. Prior to the issue of an Occupancy Permit, a certified survey plan showing finished floor levels (as constructed) reduced to the Australian Height Datum must be submitted to Melbourne Water. The Plan must demonstrate that the floor levels have been constructed in accordance with Melbourne Water's requirements.
7. Pollution and sediment laden runoff shall not be discharged directly or indirectly into Melbourne Water's drains or waterways.
Footnote(s) to be placed on Permit
The estimated flood level for the property grades from 11.30 metres to Australian Height Datum (AHD) at the eastern property boundary down to 10.20 metres to AHD at the western property boundary. These flood levels are based on a 100 year Average Recurrence Interval (ARI) storm. This is a storm that has a probability of occurrence of 1% in any one year.
If further information is required in relation to Melbourne Water's permit conditions shown above, please contact Melbourne Water on 9679 7517, quoting Melbourne Water's reference 194691.
Advice
Please note that Melbourne Water has also reviewed the proposed Stormwater Management Strategy and has no objections to this SWMS compiled by DCE dated February 2015.
Please note that as the Responsible Authority under Section 66 of the Planning and Environment Act 1987 you must give Melbourne Water a copy of any permit which you decide to grant and a copy of any notice given under Section 64 or 65. Please forward a copy of any Notice of Decision, Planning Permit or Refusal to Melbourne Water for our records.”
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Planner’s comments:
The advice of Melbourne Water is noted and the required permit conditions and notes have been included in the Officer’s recommendation.
A copy of the plan referred to in Melbourne Water’s condition 5 is included at Appendix D.
Public Transport Victoria (PTV)
The following comments were received from Public Transport Victoria in their role as a statutory referral authority in relation to the development of the land for an education centre:
“Public Transport Victoria, pursuant to Section 56(1) of the Planning and Environment Act 1987 does not object to the grant of a planning permit.”
Planner’s comments:
The advice of Public Transport Victoria is noted.
GOVERNANCE ISSUES
The implications of this report have been assessed and are not considered likely to breach or infringe upon the human rights contained in the Victorian Charter of Human Rights and Responsibilities Act 2006.
The officers responsible for this report have no direct or indirect interests requiring disclosure.
CONSIDERATIONS
In assessing this application, consideration has been given to the following:
x The objectives of planning in Victoria as detailed in Section 4 of the Planning & Environment Act 1987; x Section 60 of the Planning & Environment Act 1987; x The relevant provisions and decision guidelines of the Boroondara Planning Scheme including the decision guidelines of Clause 65; x The comments of Melbourne Water and Public Transport Victoria in their roles as statutory determining referral authorities; x The submissions made in support and opposition to the application.
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This proposal does not raise any significant adverse social or economic impacts. General social and economic impacts are addressed by the planning policy assessment below.
BOROONDARA PLANNING SCHEME
ZONING
Appendix E - Extract of Zoning Map
Priority Development Zone - Schedule 1
Use of the land
Pursuant to Clause 37.06-1 (Table of Uses), any use in Section 1 of the schedule to this zone is a Section 1 use that does not require planning permission.
Any use in Section 2 of the schedule to this zone requires planning permission.
Pursuant to Section 1.0 of Schedule 1 to the PDZ, use of the land for an “Education Centre” is a Section 1 use, subject to “Must be located in Precinct 2 as described in the Tooronga Village Incorporated Plan 2013 and be used in association with physical or outdoor education”. The development is located within Precinct 2 of the Tooronga Village Incorporated Plan 2013 and is proposed to be used for physical and/or outdoor education associated with St Kevin’s College. Therefore, planning permission is not required to use the land for an Education Centre as the Section 1 condition is met.
Pursuant to Section 1.0 of Schedule 1 to the PDZ, use of the land for a “Minor sports and recreation facility” is a Section 1 use, subject to the following condition:
x Must be located in Precinct 2 as described in the Tooronga Village Incorporated Plan 2013.
The development is located within Precinct 2 of the Tooronga Village Incorporated Plan 2013 and is proposed to be used for a Minor Sports and Recreation Facility. Therefore, planning permission is not required to use the land for a Minor Sports and Recreation Facility as the Section 1 condition is met.
Pursuant to Section 1.0 of Schedule 1 to the PDZ, use of the land for “Informal outdoor recreation” is a Section 1 use. This would incorporate the shared path/bicycle path that is proposed to be constructed along the northern boundary of the site. Therefore, use of the land for “Informal outdoor recreation” does not require planning permission.
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Buildings and works
Pursuant to Clause 37.06-4, “a permit is required to construct a building or construct or carry out works unless the schedule to this zone specifies otherwise.”
Pursuant to Section 3.0 of Schedule 1 to the PDZ, a permit is not required to construct or carry out:
x A building or works which are a modification necessary to comply with a direction or licence under the Dangerous Goods Act 1985 or a Waste Discharge Licence, Works Approval or Pollution Abatement Notice under the Environment Protection Act 1970. x Works for the purpose of preliminary soil investigation and testing of soil.
“A permit granted must be generally in accordance with the Tooronga Village Incorporated Plan, 2013.”
Exemption from notice and review
Pursuant to Clause 37.06-6, “an application under any provision of this scheme which is generally in accordance with the incorporated plan is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act unless the schedule to this zone specifies otherwise.”
Pursuant to Section 3.0 of Schedule 1 to the PDZ, “the exemption from the notice and decision requirements and review rights set out in Clause 37.06-6 does not apply to an application for building and works within 30 metres of the eastern residential boundary of the site which are in excess of 8 metres in height or involve sportsfield lighting.”
The only buildings and works proposed to have a height in excess of 8m are the eastern and western pavilions. Each of these buildings is located more than 30m from the eastern residential boundary.
No sports field lighting is proposed as part of this application.
An assessment of the application against the requirements of the Priority Development Zone Schedule 1 and the Tooronga Village Incorporated Plan 2013 is provided later in this report.
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OVERLAYS
Land Subject to Inundation Overlay (LSIO)
Pursuant to Clause 44.04-1, planning permission is required to construct a building or to construct or carry out works, including:
x A fence. x Roadworks. x Bicycle pathways and trails. x Public toilets. x A pergola or verandah, including an open-sided pergola or verandah to a dwelling with a finished floor level not more than 800mm above ground level and a maximum building height of 3 metres above ground level. x A deck, including a deck to a dwelling with a finished floor level not more than 800mm above ground level. x A non-domestic disabled access ramp.
Pursuant to Clause 44.04-4, an application under the Land Subject to Inundation Overlay “is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.”
Pursuant to Clause 44.04-5, “an application must be referred to the relevant floodplain management authority under Section 55 of the Act.”
The application has been referred to Melbourne Water in their role as the relevant floodplain manager. Melbourne Water have advised that they do not object to the application, subject to permit conditions and footnotes which are detailed in this report and have been included in the Officer’s recommendation.
An assessment of the application against the provisions of the Land Subject to Inundation Overlay is provided later in this report.
Environmental Audit Overlay (EAO)
Pursuant to Clause 45.03-1, before a sensitive use (residential use, child care centre, pre-school centre or primary school) commences or before the construction or carrying out of buildings and works in association with a sensitive use commences, either:
x A certificate of environmental audit must be issued for the land in accordance with Part IXD of the Environment Protection Act 1970, or
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x An environmental auditor appointed under the Environment Protection Act 1970 must make a statement in accordance with Part IXD of that Act that the environmental conditions of the land are suitable for the sensitive use.
The proposed use of the land for an education centre is a sensitive use. A series of seven (7) Statements of Environmental Audit dated 3 June 2011, prepared by Kenneth N Mival, of URS Australia Pty Ltd (an EPA accredited Environmental Auditor) were submitted with the application. The Statements each makes the following declaration:
“The site is suitable for the beneficial uses associated with
x Sensitive use (limited to Medium and/or High Density Residential Use); x Recreation/Open Space; x Commercial Use; and x Industrial Use”
Although a primary school is not one of the beneficial uses listed in the Statements of Environmental Audit, the Auditor has prepared a letter, dated 30 March 2015, which states:
“Our Statements of Environmental Audit allows for the following beneficial uses: Sensitive Use (limited to Medium and/or High Density Residential Use; Recreation/Open Space; Commercial Use; and Industrial Use.
In this regard, as use for School activities, including as sports fields, is of a less sensitive nature than residential, due to much lower potential rates of exposure of children engaged in occasional sporting activities, also as Recreation/Open Space use is considered to include those activities; it is considered that the proposed use for school sporting activities is entirely consistent with the permitted beneficial uses.”
On this basis, it is considered that the submitted Statements of Environmental Audit fulfil the obligations under the Environmental Audit Overlay. The recommended permit conditions seek to implement the ongoing obligations established under the Statements of Environmental Audit.
PARTICULAR PROVISIONS
Clause 52.06 - Car Parking
Pursuant to Clause 52.06-2, before:
x A new use commences; or
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x The floor area or site area of an existing use is increased; or x An existing use is increased by the measure specified in Column C of Table 1 in Clause 52.06-5 for that use,
the number of car parking spaces required under Clause 52.06-5 or in a schedule to the Parking Overlay must be provided to the satisfaction of the Responsible Authority.
Pursuant to Clause 52.06-3, planning permission is required to:
x Reduce (including reduce to zero) the number of car parking spaces required under Clause 52.06-5 or in a schedule to the Parking Overlay.
Pursuant to Clause 52.06-4, this application to reduce the car parking requirements is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act because:
x the application is also for a permit under another provision of the planning scheme and in respect of all other permissions sought, the application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.
The statutory parking rate for an Education Centre is based on the maximum number of students on the land2. The applicant has submitted that student numbers will vary, with a significant distinction made between “during school hours” and “out of school hours”. During school hours (i.e. 9:00am to 3:30pm, Monday to Friday) the maximum number of students on the land would be 1,900. Outside of school hours (i.e. after 3:30pm Monday to Friday and on Saturdays) the maximum number of students on the land would be 129 on weeknights and 228 on Saturdays.
Pursuant to Clause 52.06-5, applying the Column A rates:
Day/Time Maximum Proposed number of No. required Dispensation of the week number car spaces (as per by Table 1 sought of the recommended of Clause students permit conditions) 52.06-5 Weekdays 1,900 66 760 694 Weeknights 129 66 51 0 Saturdays 228 66 (plus 187 in Coles 91 25 (not including 187 multi-deck) car spaces available in Coles multi-deck)
2 Table 1 of Clause 52.06-5 applies a rate of 0.4 car spaces to each student that is part of the maximum number of students on the site at any one time.
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An assessment of the provision of car parking on the land is provided later in this report.
Clause 52.29 - Land adjacent to a Road Zone, Category 1, or a Public Acquisition Overlay for a Category 1 Road
Pursuant to Clause 52.29, planning permission is required to create or alter access to a road in a Road Zone, Category 1.
Following the Tribunal’s “red dot” decision in Peninsula Blue Developments Pty Ltd v Frankston CC (decision dated 28 April 2015) it has been clarified that “alteration of access” is not just limited to physical alterations. It includes changes in the circumstances of the vehicles that would be using the access onto the road in a Road Zone (e.g. change of use). The decision includes the following summary:
“In clause 52.29, the phrase “create or alter access to a road in a Road Zone Category 1” means:
x Any physical change to the opportunity for traffic to approach or enter a road in a Road Zone Category 1. This includes creation of a new access, alteration to an existing access or removal of an existing access. It may involve new buildings and works or alteration to existing works or development, such as creating a new opening or gate in a fence or closing an existing gate or opening. x Any change to the use or development of land that may result in changes to the opportunity for traffic to approach or enter a road in a Road Zone Category 1 in terms of the volume, frequency or type of traffic whether this is more or less than the existing situation.
Based on recognised principles of law applying to existing use rights, a permit is not required under clause 52.29 simply as the consequence of an intensification of an existing use or a change in the activities of an existing use when no other permit is required for use or development. However, if a permit (or amendment of a permit) is required for use or development under any provision of the planning scheme, which will change traffic access to a road in a Road Zone Category 1, then a permit is required under clause 52.29 even though there may be no change to the physical means of current access arrangements in terms of new buildings or works. Equally, the need for a permit under clause 52.29 may operate independently of the need for a permit under other provisions of the planning scheme if no permit is required for the change but the change will give rise to the type of circumstance described above.
In clause 52.29 “alter” includes “delete”.”
It is not proposed to create or alter access to Tooronga Road or Toorak Road. All vehicle access to the site is directly via Crescent Road.
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Clause 52.34 - Bicycle facilities
Pursuant to Clause 52.23-1, a new use must not commence or the floor area of an existing use must not be increased until the required bicycle facilities and associated signage has been provided on the land.
Where the floor area occupied by an existing use is increased, the requirement for bicycle facilities only applies to the increased floor area of the use.
Pursuant to Clause 52.34-2, a permit may be granted to vary, reduce or waive any requirement of Clause 52.34-3 and Clause 52.34-3.
Exemption from notice and review
An application is exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.
Bicycle facilities required
The rates at Table 1 of Clause 52.34-3 are:
x 1 employee bicycle space to each 20 employees; x 1 student bicycle space to each 20 full-time students.
Applying the Table 1 rates:
Clause 52.34-3 - Analysis of bicycle parking demand Use Clause 52.34 required Proposed Reduction sought Employees (unknown, (if 60 employees) 3 3 0 but not more than 60) Students (1,900) 95 47 48 TOTAL 98 50 48
Pursuant to Clause 52.34-2, planning permission is required for the dispensation of 48 student bicycle parking spaces.
It is noted that for weeknights and Saturdays, the maximum number of students on the land would equate to a statutory requirement for five (5) and 11 bicycle parking spaces, respectively. Therefore, no dispensation is sought for bicycle facilities associated with the proposed maximum number of students that would be on the land on weeknights and Saturdays.
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Pursuant to Table 2 of Clause 52.34-3, if 5 or more employee bicycle spaces are required, 1 shower for the first 5 employee bicycle spaces, plus 1 to each 10 employee bicycle spaces thereafter is required to be provided.
Pursuant to Table 3 of Clause 52.34-3, one (1) change room or direct access to a communal change room is required for each shower. The change room may be a combined shower and change room.
As less than five (5) employee bicycle spaces are required, there is no requirement for employee showers or change rooms in this instance.
The proposed provision of bicycle parking spaces is assessed later in this report.
Bicycle signage
Pursuant to Clause 52.34-5, if bicycle facilities are required by this clause, bicycle signage that directs the cyclists to the bicycle facilities must be provided to the satisfaction of the responsible authority.
Bicycle signage should:
x Be at least 0.3 metres wide and 0.45 metres high. x Display a white bicycle on a blue background on the top half of the sign. x Display information about the direction of facilities on the bottom half of the sign.
The requirement to provide bicycle signage is addressed in the recommended permit conditions.
Clause 52.36 - Integrated Public Transport Planning
Pursuant to Clause 52.36-1, an application for an Education Centre must be referred in accordance with Section 55 of the Act to Public Transport Victoria (PTV).
The application has been referred to PTV. The authority has advised that they do not object to the application. PTV has not required any conditions be included on any permit that may issue.
OFFICER ASSESSMENT
STATE PLANNING POLICY FRAMEWORK
The following State policies are relevant to the assessment of this application:
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x Clause 11 Settlement - The development will provide for a strategically located vacant site to be developed for a new use that will provide benefits to the local and regional community. x Clause 11.04-4 Liveable Communities and Neighbourhoods - This clause seeks to create healthy and active neighbourhoods through the creation of a city of 20- minute neighbourhoods. The development will increase the social infrastructure within the local area and supports healthy lifestyles by facilitating active outdoor recreational pursuits and locating in an area that can utilise alternative modes of transport other than the private motor vehicle to move to and from the site. x Clause 12.04-2 Environmental and Landscape Values - This clause seeks to protect landscapes and significant open spaces that contribute to character, identity and sustainable environments. The development will integrate with the landscape and open space setting along the Gardiners Creek corridor with Burke Road South Reserve. x Clause 13 Environmental Risk - This clause seeks to ensure that potentially contaminated land is suitable for its intended future use and development, and that contaminated land is used safely. The recommended permit conditions address this. x Clause 15 Built Environment and Heritage - The proposal leaves the majority of the site as an open landscape with enhanced views. x Clause 17 Economic Development - Encourage developments which meet the community’s need for retail, entertainment, office and other commercial services and provide net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities. Preference is to be given to locations within or on the border of activity centres. x Clause 18 Transport - This clause seeks to create a safe and sustainable transport system by integrating land-use and transport. x Clause 18.02-2 Cycling - Integrate planning for cycling with land use and development and encourage as alternative modes of travel. The development achieves this by creating new direct connections to the Gardiners Creek Shared Path and the adjacent pedestrian footpath network and by locating in close proximity to public transport. x Clause 18.02-5 Car Parking - Ensure an adequate supply of car parking that is appropriately designed and located and to protect the amenity of residential precincts from the effects of road congestion created by on-street parking. It is not expected that the development will have any significant impact on the existing road network and will not compromise the safety or operation of the existing transport system. x Clause 19 Infrastructure - The development will locate sports related educational facilities adjacent to the Tooronga Commercial Corridor in a location that is highly accessible via public transport, walking and bicycle paths.
The subject site has convenient access to community facilities and public transport as follows:
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x The Gardiners Creek corridor, which includes a shared pedestrian and bicycle path along (and partially within) the southern boundary of the site; x Burke Road South Reserve, which includes space for passive and active recreation and a “U3A”, abutting part of the eastern boundary of the site; x Tooronga Village shopping centre abutting part of the northern boundary of the site; x Coles Store Support Centre, abutting part of the northern boundary of the site; x Tooronga Village Commercial Corridor, approximately 210m north-west of the site; x Tram services along Burke Road, approximately 340m to the east (via the proposed pedestrian gate into Burke Road South Reserve; x Tooronga Railway Station, located approximately 370m south-west of the site; x Gardiner Railway Station, located approximately 590m south-east of the site (via the proposed pedestrian gate into Burke Road South Reserve; x Tram services along Malvern Road, approximately 730m to the south.
It is noted that St Kevin’s College is located adjacent to Heyington Railway Station, which on the same train line as Tooronga and Gardiner stations. Via the Gardiners Creek trail, the College is located 2.6km east of the site.
The proposal is considered to be consistent with the broad objectives outlined in the relevant clauses of the State Planning Policy Framework. Located on the edge of a Commercial Corridor, the site offers an appropriate location for sports-related educational facilities and has good access to public transport. Subject to the recommended conditions, it is considered that the application appropriately responds to the constraints of the land. Therefore, the proposal is considered to be consistent with the intent and objectives within the SPPF.
LOCAL PLANNING POLICY FRAMEWORK
MUNICIPAL STRATEGIC STATEMENT
The Local Planning Policy Framework (LPPF) and Municipal Strategic Statement (MSS) have complementary policies relating to heritage, residential land use and commercial areas. With respect to the current proposal, they include:
x Clause 21.04 The Vision for Boroondara - The development is consistent with the vision set in the MSS as it will enhance the area surrounding Tooronga Village. The development provides for additional public open space and sports fields. This will provide broader community benefits and will enhance the amenity of the surrounding area. x Clause 21.06 Environment - The development increases the area of open space and successfully integrates with the landscape and open space setting of Gardiners Creek and Burke Road South Reserve.
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x Clause 21.08 Activity Centres, Neighbourhood Centres and Commercial Corridors - The site is located in close proximity to the Tooronga Commercial Corridor and forms part of the Tooronga Village Neighbourhood Shopping Centre. The development of the land for education-related sports fields and public open space areas will provide community infrastructure and facilities that support the current and future needs of the community, workers and visitors to the activity centre. x Clause 21.10 Recreation and Leisure - The development of high-quality multi- purpose sports facilities will meet the current and future demands of a nearby school, as well as local sporting clubs and community groups. This outcome will deliver a significant benefit to the broader community and will assist in enabling Council to meet a growing demand for sports facilities by local sporting clubs.
Overall, the development is considered to be consistent with the intent and objectives of the LPPF and MSS.
LOCAL POLICIES
There are no policies at Clause 22 that are directly applicable to the assessment of this application.
OTHER APPLICABLE CONTROLS
PRIORITY DEVELOPMENT ZONE SCHEDULE 1 & TOORONGA VILLAGE INCORPORATED PLAN 2013
The Tooronga Village Incorporated Plan 2013 is comprised of the Use and Development Principles (General and Precinct Specific), the Urban Framework Plan and the Building Height and Setback Plan.
Tooronga Village Use and Development Principles – General
The general requirements of the Incorporated Plan relate to land use, linkages, development form and site edges. The general requirements are as follows:
Use
x Encourage a mix of land uses to complement the relevant precincts and the continued operation of the employment uses at 800 Toorak Road. x Maintain the retail role of the site as a local/community retail centre. x Encourage uses that cater for the needs of the local population. x Provide convenient and sufficient on-site parking to minimise potential impacts on surrounding residential areas. x Provide recreation and sporting uses and sports related educational uses within a landscaped setting.
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x Provide public open space areas and accessible pathways to Gardiners Creek and to the shared pathway.
Links
x Provide safe and convenient vehicle, pedestrian and other movements into, out of, and around the site. x Minimise the potential for adverse impacts on the surrounding road network. x Ensure public spaces are linked in a clear, legible and safe manner and are accessible having regard to the steep grades within the site. x Improve and capitalise on the Gardiners Creek recreational and open space linkages.
Development Form
x Ensure that development adjacent to Gardiners Creek reflects the alignment of the creek and enhances pedestrian links along the creek and around the site. x Avoid blank walls along public streets and public spaces. x Respond to the topography and context of the site. x Provide a convenient and symbolic entry point at the corner of Toorak and Tooronga Roads in the form of a public space of appropriate form and size for the purpose. x Encourage a linking of public spaces where appropriate. x Recognise long distance view opportunities to and from the west, south and south- east. x Optimise energy efficient siting of buildings. x Ensure that the form of development within a building envelope reflects high quality architecture and urban design and upper levels are stepped back so as to avoid presentations of sheer walls to roadways or other public spaces.
Site Edges
x Improve the quality of open space along Gardiners Creek. x Subject to the setbacks in the Building Height and Setback Plan, build to the Toorak and Tooronga Roads site boundaries using podium forms. x Structures and lighting located along the eastern boundary should have regard to residential development. x Improve the quality of open space along Gardiners Creek by means of upgrading and revegetation of the creek environs and re-routing (as required) of the pedestrian and bicycle path. x Use the built form and layout to mitigate the high ambient noise levels of adjoining major transport corridors. x Concentrate more dense development at the northern sections of the site and adjoining the main roads and building at 800 Toorak Road.
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Planner’s Assessment:
The proposed use of the land for an education centre with sport-related facilities located within a landscape-setting is consistent with the requirements of the Incorporated Plan.
Subject to the recommended permit conditions, the development will incorporate parking facilities for up to 66 car spaces (including 14 car spaces designated as a “pick- up / drop-off” area) plus three (3) bus parking bays. Based on the number of students anticipated to attend the facility, it is considered that an adequate number of on-site car spaces are provided. Vehicle access into the site is limited to Crescent Road only. This means that access onto both Tooronga Road and Toorak Road is controlled by traffic lights and provides safe and convenient access to the site from all directions, via main roads, rather than via local streets.
The inclusion of a pedestrian gate at the south-west corner of the site, connecting to the Gardiners Creek shared path, and at the eastern end of the site, connecting to Burke Road South Reserve, is consistent with the Incorporated Plans requirement to link public spaces and to allow for the convenient movement of pedestrians and cyclists. It is noted that, particularly if using the facilities at the eastern end of the site, it will be more convenient for students to exit via Burke Road South Reserve to access public transport facilities on Burke Road and at Gardiner Railway Station, as this will be closer than Tooronga Railway Station.
The utilities enclosure and the storage shed are the structures that are in the closest proximity to the public realm (Tooronga Road and Burke Road South Reserve, respectively). These buildings will have boundary setbacks of 13.788m and 14.078m, respectively.
Tooronga Road rises into an elevated freeway overpass where it is in proximity to the proposed utilities enclosure, so the enclosure not be a dominating structure from that vantage point. The existing shared path connection along the eastern boundary of the site is to be retained and extended to the main site entrance. From this vantage point, the utilities enclosure is at the same grade, but will be separated from the path by landscaping, with provision made for public seating.
The storage shed is utilitarian in appearance, to be constructed of Colorbond in a charcoal grey colour (“Basalt”). The shed has an overall maximum height of 4.52m, measured to the roof ridge. Facing Burke Road South Reserve, the eastern wall of the shed has a maximum wall height of 3.6m. With a wall height of 3.6m, Standard B17 of Rescode would permit the shed to be constructed abutting the title boundary (or 1.0m from the boundary). It is therefore considered that the proposed setback of 14.078m from Council’s reserve is acceptable.
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Lighting plans have been submitted with the application. The plans show that adequate lighting will be provided for the building exteriors and for the internal paths and accessways. It is not proposed to provide sportsground lighting as part of this application. It is noted that it is not proposed to locate lighting of any kind in proximity to the rear of the residential properties in Parkin Street and Faircroft Avenue.
Generally, around the perimeter of the site, it is proposed to erect 3.0m high fences (2.4m black chainwire mesh, plus 3 rows of security wire). The provision of security wire, or barbed wire, is considered inappropriate as it fails to achieve a high quality design outcome. The recommended permit conditions seek to adopt the alternative boundary fencing arrangement described in the “discussion purposes” plan. Importantly, this plan deletes the barbed wire perimeter fencing and replaces it with 3.0m high black chainwire mesh fencing (except for adjacent to the residential properties along the eastern boundary, where the existing timber paling fences will be retained). The proposed fences would have been visually dominating from the secluded private open space of the neighbouring residences. There is also a number of existing pine trees located within the north-east corner that would have required substantial lopping if new 3.0m high fences were installed. The adoption of the “discussion purposes” alternative fencing plan resolves all of these concerns.
Subject to the recommended permit conditions, the development is considered to achieve a high quality outcome that is consistent with the general requirements of the Incorporated Plan.
Tooronga Village Use and Development Principles – Precinct Specific
The Urban Framework Plan within the 2013 Incorporated Plan identifies the subject site as being located within Precinct 2 (Recreational Sports Related Education Facilities) and Precinct 3 (Open Space). The proposed education centre and sporting fields occupy Precinct 2 (noting that there is a difference between the current title boundaries of the site and the proposed boundaries of the education centre).
Precinct 2 - Recreation and Sports-Related Education Facilities
The precinct specific requirements for Precinct 2 are as follows:
x Provide recreation and sporting uses and sports related education uses within a landscaped setting. x Limit buildings to the heights specified in the Building Height and Setback Plan. x Provide for lighting poles, sports court fences and flagpoles. x Ensure that built form provides an appropriate interface to the open space network. x Provide for use by community groups by way of an agreement with the owners of the site.
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Planner’s Assessment:
The proposed use and development of the land by St Kevin’s College for sports fields and associated facilities is consistent with the requirements for Precinct 2.
Each of the proposed buildings is lower in height than the maximum allowed in the Building Height and Setback plan.
General ambient lighting is proposed as part of this application, however sportsground lighting is not.
The provision of sportsground fencing generally around the perimeter of the site, including in proximity to the rear boundaries of the residential properties in Faircroft Avenue and Parkin Street is consistent with the requirements for Precinct 2. However, the provision of security-style fencing in proximity to the residential properties is not supported for aesthetic reasons. This is addressed in the recommended permit conditions.
It is considered that the ‘campus-style’ siting of the buildings on the land and the provision of low-rise buildings within a landscape setting achieves an appropriate interface with the open space network to the south and east.
A permit condition has been included in the Officer recommendation requiring the implementation of the Memorandum of Understanding entered into with Council to facilitate the use of the land by sporting clubs and community groups, outside school hours.
Subject to the recommended permit conditions, the development is considered to satisfy the requirements for Precinct 2.
Precinct 3 - Open Space
The precinct specific requirements for Precinct 3 are as follows:
x Provide for high quality public open space and links around the site. x Improve and integrate with the Gardiners Creek recreational and open space network. x Escarpment Park: Provide landscape works generally in accordance with the plan prepared by Formium (Reference No. 1794 LC4) x Tooronga Road Linear Park: Provide landscape works generally in accordance with plan prepared by Formium (Reference No. 1794 LC6)
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Planner’s Assessment:
The boundaries of that part of the site proposed to be used for the education centre differ to the current title boundaries of the site. The future southern boundary of the education centre is approximately in the same location as the existing southern fence.
It is noted that the embankment located immediately to the north of the Gardiners Creek path is intended to be handed over to Council in the future. It is not proposed to carry out any landscaping in this area, except to make good any damage to the existing landscaping that might inadvertently occur during the construction period.
Above: The existing southern boundary fence is setback from the current southern title boundary. The area in the foreground is proposed to be handed over to Council in the future (this will be subject to a separate application)
The steep embankment located abutting the southern side of Crescent Road is also proposed to be handed over to Council in the future. However, it is proposed to carry out landscaping of this area prior to any handover.
The landscaping that is proposed to be carried out is considered to be of a high quality and includes the planting of Red Spotted Gum trees and Yellow Box throughout the interior of the site and in proximity to the western and southern boundaries.
At the south-west corner, adjacent to the junction of the Gardiners Creek Path and the path that connects to the Tooronga Road footpath, it is proposed to create a public seating area that will sit outside the future boundaries of the education centre. This new space creates a sheltered spot for the public to use while enjoying the Gardiners Creek Trail and is a beneficial addition to the public realm.
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Above: The location of a future public seating area, adjacent to the Gardiners Creek Shared Path, at the south-west corner of the site
Above: Extract of the Landscape Plan, showing the proposed public seating area at the south-west corner of the site
Along the eastern boundary it is proposed to plant Yellow Box and Lightwood, in addition to retaining the existing pine trees at the north-east corner. To ensure the ongoing good health of the pine trees located at the rear of No. 1B Faircroft Avenue and No. 20 Parkin Street, it is recommended that the fencing design and layout shown in the “discussion purposes” plan be adopted, as per the recommended permit conditions.
Where the site abuts Burke Road South Reserve, it is proposed to retain a number of trees located within the site, in addition to carrying out dense planting (including Silver Wattle, Swamp Gum, Blackwood, Yellow Box, Lightwood, plus massed ground covers).
The steep escarpment that is located adjacent to the southern side of Crescent Road is proposed to be densely landscaped with Lightwood trees, plus under-planting, to stabilise the bank. A spoon drain will also be constructed at the base of the escarpment, to assist with this. Along Crescent Road, it is proposed to beautify the streetscape by
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planting new street trees. To assist with pedestrian movement to and from the Coles multi-deck car park, it is recognised that there is currently no footpath, so it is proposed to construct a new publicly accessible concrete path along the southern side of Crescent Road. This will assist with pedestrian movement for parents using the Coles car park on Saturdays, in addition to generally being beneficial to the public realm.
The Formium landscape plan referenced in the Incorporated Plan for the escarpment shows the provision of a viewing platform that is accessed at-grade from Crescent Road and would be positioned to generally overlook the shot-put and athletics track facilities. In addition, the Formium plan shows tiered seating at the base of the escarpment, with a pedestrian path alongside the viewing platform, providing a second pedestrian entrance into the site from Crescent Road.
Above: Extract of the Formium landscape plan “LC4” referred to in the Incorporated Plan 2013
The Incorporated Plan requires future development of the land to be “generally in accordance” with the Formium plan. As it is proposed to hand over the escarpment to Council in the future, the submitted plans do not include a viewing platform, tiered seating or a second pedestrian entrance. The school has indicated that they wish to control access in and out of the site by generally limiting it to the main entrance. This is considered acceptable. As Council will be responsible for management and maintenance of the escarpment, it is the preference of Council’s Parks and Gardens Department that the viewing platform and tiered seating no longer be pursued. It is the view of Officers that although the viewing platform and tiered seating were key elements of the Formium plans referred to in the Incorporated Plan, other key elements such as the provision of a new public footpath and street tree planting remain. It is therefore accepted that the submitted plans remain “generally in accordance” with the requirements of the Incorporated Plan. The submitted landscape plan shows that 3m high chainwire mesh fencing, including security wires, will be located at the base of the escarpment. As with in other locations on the site, the design of this fence is not considered to be appropriate and is required to be modified so that it is in accordance with the design shown in the “discussion purposes” plan at Appendix B.
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Overall, it is considered that the proposed landscape design is of a high quality and successfully improves and integrates with the Gardiners Creek corridor. Subject to the recommended permit conditions, the proposed landscape concept is considered to be generally in accordance with the requirements of the Tooronga Village Incorporated Plan 2013.
Building Height and Setback Plan
The Incorporated Plan includes a Building Height and Setback Plan. The plan sets out maximum building heights across the site. For the subject site, the land is broken up into four (4) areas.
Above: An extract of the Building Height and Setback Plan from the Tooronga Village Incorporated Plan 2013
The areas of the site and the applicable maximum building heights are set out in the table below.
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Location on the Existing site Maximum Maximum Proposed subject site level (to AHD) allowable allowable maximum building height building building height (to AHD) height Western-most portion of 12.0m to AHD - 35.0m to AHD 20.0m - Utilities enclosure - the land, generally 15.0m to AHD 23.0m 3.1m adjacent to Tooronga Rd Central portion of the 11.0m to AHD 27.0m to AHD 16.0m Western pavilion - land 8.035m
Eastern pavilion - 8.135m Eastern-most portion of 10.0m to AHD - 21.0m to AHD 7.0m - 11.0m Boundary fence - the land, generally 14.0m to AHD 3.0m adjacent to Parkin St residences Sports field fence - 6.0m Eastern-most portion of 10.0m to AHD - 24.0m to AHD 13.0m - Storage shed - the land, generally 11.0m to AHD 14.0m 4.52m adjacent to Burke Road South Reserve
The above table demonstrates that the built form proposed as part of this application is significantly more low-rise than contemplated by the Incorporated Plan. Together with the generous setbacks from the side boundaries and the ‘campus-style’ siting of the buildings, the proposed built form will not detract from the creek corridor.
LAND SUBJECT TO INUNDATION OVERLAY
The Land Subject to Inundation Overlay affects the southern and south-eastern portions of the site. It is noted that the boundaries of the Overlay have not been decreased, despite Melbourne Water undertaking channel widening works within Gardiners Creek in March/April 2014 to increase the flood capacity of the waterway.
Melbourne Water has reviewed the application and do not object, subject to a number of conditions, which have been included in the Officer’s recommendation. Melbourne Water has specified minimum finished floor levels for each of the four (4) proposed buildings. It is noted that as proposed, the finished floor levels for each of the buildings already satisfies Melbourne Water’s requirements.
Having regard to the amount of space required for the sporting fields, it is considered that it would be difficult to find as large a land holding located entirely on flood-free land. The main entrance via Crescent Road is located outside of the boundaries of the Overlay. Therefore it is considered that in the event of inundation, safe passage out of the site will be available.
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The proposed development will not have an unreasonable impact on the health of the creek, including wetlands, natural habitat, stream stability, erosion, environmental flows and water quality.
CAR PARKING AND TRAFFIC GENERATION
It is relevant to the consideration of car parking demand for the proposed development to note that this site will function as a satellite playing fields facility, remote from the main teaching campus. Therefore, a distinction can be made between this campus and an ‘ordinary’ school campus as the number of ancillary and administration staff on-site would be far less than at the main campus.
During school hours
During school hours (Monday to Friday, between 9:00am to 3:30pm) St Kevin’s College has indicated that the number of students on the land may vary substantially (from between 30 students to 1,900 students). Up to 1,900 students on the land generates a statutory car parking requirement of 760 car spaces (0.4 car spaces “to each student that is part of the maximum number of students on the site at any one time”). As 66 car spaces are proposed (subject to the recommended permit conditions) dispensation is technically sought for 694 car spaces. However, the school has advised that Monday to Friday, between 9am - 3:30pm, “students will travel to and from the Subject Land primarily by train. Teachers will accompany the students, on their train travel. Students will not arrive or leave the Subject Land by private vehicle (other than by bus and in the case of incapacitated students by car driven by a staff member… Some students (up to about 80) could use the bicycles held at school and the grounds. 50 formal bike parking spaces will be provided on the Subject Land (being a similar number to the number of bike spaces currently available on the College’s Heyington Campus).”
Based on the proposed use of alternative modes of transport other than the private motor vehicle during school hours, it is considered acceptable to reduce the number of car spaces required on the land. It is recommended that these travel arrangements be formalised via the preparation and implementation of a Green Travel Plan. This is addressed in the recommended permit conditions.
Out of school hours
Pursuant to Clause 52.06-5, use of the land for an education centre with a maximum of 228 students on the site at any one time (as is proposed on Saturdays) equates to a requirement for 91 car spaces. The recommended permit conditions require the provision of 66 on-site car spaces. Therefore, planning permission is sought for dispensation of 25 car spaces.
Pursuant to Clause 52.06-5, use of the land for an education centre with a maximum of 129 students on the site at any one time (as is proposed Monday to Friday, from
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3:30pm to 5:00pm) equates to a requirement for 51 car spaces. Therefore the provision of 66 car spaces will satisfy the demand.
The only time the development is expected to generate demand for off-site parking is on Saturdays during Terms 2 and 3. The applicant has entered into a private agreement with Coles that enables people visiting the sports fields on Saturdays during Terms 1-4 to have access to Coles’ multi-deck car park between 8:00am and 5:00pm. A copy of a Car Parking Licence for the ground floor of the multi-deck car park was submitted with the planning application and formed part of the material available to view during the consultation period. The submitted Licence had not been signed by Coles Group, however an executed copy has subsequently been provided to Officers. The licence facilitates use of the ground floor of the Coles car park, which has a capacity of 187 on the ground floor (with an overall capacity of 1,248 car spaces). Surveys undertaken indicate that the multi-deck car park is currently occupied by approximately 100 vehicles on Saturdays (across all floors of the car park).
It is noted that even if all 100 vehicles belonging to Coles staff that attend their offices on a Saturday were to use the Ground Floor of the multi-deck car park, there would still be 87 car spaces available to meet the overspill parking demand of 25 car spaces. Therefore, the proposed arrangement is considered acceptable.
Above: (L) The termination point of the existing granitic sand footpath on the southern side of Crescent Road (R) The existing granitic sand footpath on the southern side of Crescent Road, looking towards the Coles multi-deck car park
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To ensure safe and convenient access between the Coles multi-deck car park and the sports fields, the application proposes to construct a publicly accessible concrete footpath along the southern side of Crescent Road, to the entrance of the facility. To offset the additional hard surface area of the new footpath, it is proposed to beautify the streetscape by planting street trees. The new concrete footpath will replace the existing granitic sand footpath that terminates to the west of the zebra-crossing on Crescent Road and will connect to the existing concrete footpath that services the entrance to the Coles multi-deck car park.
Concerns have been raised by residents that the provision of a gate along the eastern boundary, connecting into Burke Road South Reserve, will encourage parents to use Parkin Street and Faircroft Avenue as a pick-up / drop-off point. This concern is particularly in relation to students that will be using the hockey field and tennis courts.
At present, the oval at Burke Road South Reserve is used by St Kevin’s College for rugby. It is understood that even if permission is granted to construct the sports fields, St Kevin’s will continue to seek to use Council’s reserve once the sporting fields are constructed. The parking and traffic associated with the use of Burke Road South Reserve by St Kevin’s, or any other sporting club, is an existing condition that does not require planning permission and is not the subject of this application.
Officers do not consider that significant numbers of parents attending or dropping students off at the playing fields will park within Parkin Street and Faircroft Avenue. The hockey field is located approximately 30m from the on-site pick-up / drop-off car parking bays located at the end of the internal road. The car parking bays are located immediately adjacent to the eastern pavilion. From the end of Parkin Street, the hockey field is slightly further away, at 115m. However, to the pavilion and change rooms that will be used by hockey and tennis players, it is approximately 250m from the end of Parkin Street. In terms of distance to walk, it will be more convenient to use the on-site pick-up / drop-off facilities. Notwithstanding this, it is considered that it would be beneficial if the eastern gate was more conveniently located further south along the eastern boundary, to provide a more direct connection with the Gardiners Creek path and the public transport facilities in Burke Road. This would mean that the gate is located approximately 130m from the end of Parkin Street, 150m from the hockey field and almost 300m from the nearest pavilion. This is addressed in the recommended permit conditions.
It is the experience of officers that a well organised, easy to navigate car park will be better utilised than one that is difficult or time consuming to negotiate. The recommended permit conditions for a Car Parking and Transport Management Plan require the use of traffic marshalls on Saturdays to assist with the efficient use of the on-site pick-up / drop-off and parking areas and to direct parents to the Coles multi-deck car park. Other measures, such as providing information about on-site parking and
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directions to the Coles car park in school newsletters and on the school website, are also required.
In the event that parents do use Parkin Street or Faircroft Avenue, Council’s Traffic Engineers are of the view that the traffic volumes generated would not have an unreasonable or detrimental effect on the safety or operation of the local street network. During the week, Parkin Street is affected by parking restrictions on both sides of the street.3 Although not expected, in the event that the pattern of arrival/departure from the sports fields is not as anticipated, it is open to Council to review the on-street parking restrictions in Parkin Street.
Provision is made on-site for the transportation of students by buses/coaches. A total of three (3) bus parking bays are provided and all of the internal roads have been designed to accommodate the turning movements of buses. This will enable mass transport to be used for organised school or sporting club activities, such as athletic carnivals or Outdoor Education classes.
Subject to the recommended permit conditions, it is considered that there is an adequate provision of on-site parking.
Traffic generation
Had the Stockland staged residential development proceeded as approved, the subject site would have accommodated approximately 300 dwellings. This would have generated in the order of 1500 additional vehicle movements in Crescent Road every day. The proposed sports field development will generate substantially less traffic than this (in the order of up to 400 vehicle movements on days of peak demand).
Council’s Traffic Engineers have reviewed “submitted in-depth analysis of the operation of the directly adjacent intersections and traffic signals, including SIDRA analysis and other analysis tools” and concluded that the anticipated traffic volumes that would be generated by the new facilities “will not unduly impact on the surrounding road network” and would “generally be confined to the arterial road network, namely Tooronga Road and Toorak Road.”
Therefore, it is considered that the development will not have a detrimental impact on the operation of Crescent Road or the surrounding road network.
BICYCLE FACILITIES
Landscape Plan Drawing Nos. L4 and L9 show that it is proposed to install 25 x 850mm high stainless steel bicycle hoops near the south-west corner of the site, adjacent to the
3 1P restrictions apply on the west side of the street from 8am - 6pm, M-F. Permit Zone restrictions apply on the east side of the street from 8am - 6pm, M-F.
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pedestrian entrance that connects directly onto the Gardiners Creek Shared Path. The bicycle hoops will be spaced 1.0m apart and can store two (2) bicycles each, for a total capacity of 50 bicycles. The path that connects the bicycle parking area to the shared path is free of steps. This will enable the bicycles to be ridden to the bicycle parking space and provides convenient access from the existing bicycle route. The proposed design and siting of the bicycle parking facilities is considered to be acceptable.
On weeknights and Saturdays, the maximum number of students on the land would equate to a statutory requirement for five (5) and 11 bicycle parking spaces, respectively. Therefore, no dispensation is sought for bicycle facilities associated with the proposed maximum number of students that would be on the land on weeknights and Saturdays.
During school hours, there are occasions where there will be up to 1,900 students on the land. Therefore, during school hours, dispensation of up to 48 bicycle parking spaces is sought. The school has indicated that during school hours, events involving large numbers of students will utilise mass-transport options, such as the train and chartered buses to transport students to and from the site. This arrangement is proposed to be formalised by the implementation of a Green Travel Plan. Therefore, at times when large numbers of students will be on the land, reliance on bicycle facilities is expected to be low and the proposed provision of bicycle facilities is considered to be acceptable.
CONSIDERATION OF SUBMISSIONS
Those matters not already addressed in the foregoing report are discussed below:
Total number of letters of support received One (1) Summary of submission Officer comment x Support the application for sporting fields as it is The comments of the submission the best option for the current bitumen covered in support of the application are eye-sore. noted. x Council should support and encourage young people being active. x No concern with a reduction of the parking requirements, as the site has excellent access to public transport and the Gardiners Creek bike path.
Total number of objections 11 received Summary of Objection Officer comment Increased traffic and lack of Council’s Traffic and Transport Department have parking assessed the application and has raised no concerns regarding the impact of the proposal on the
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surrounding traffic network.
Existing parking problems in the area cannot be addressed through the current application, nor should the burden of relieving these existing problems be imposed on the developer of the subject land.
The recommended provision of 66 on-site car spaces, in conjunction with a License agreement with Coles to utilise parking in the Coles multi-deck car park on Saturdays and a Car Parking and Transport Management Plan to regulate the transporting of students to and from the site during school hours, is considered to satisfy the anticipated parking demands that the development will generate. The intersection of the path The submitted landscape plan provides an 8m x 7m along Tooronga Road with the sightline triangle that is free of all obstacles, to Gardiners Creek path is at a ensure that the junction between the Tooronga Road right-angle with poor sightlines path and the Gardiners Creek path is safe. Council’s due to a proposed fence Traffic Engineers have reviewed the design of the path and have not raised any concerns. All parking should be at the The eastern gate into Burke Road South Reserve is main entrance near the Coles designed for pedestrians/cyclists only, not vehicles. car park. The eastern gate should be for pedestrians only Inadequate provision is made The capacity of services in the area is a matter for for drainage the relevant servicing authorities. The applicant will be required to ensure appropriate connections at the subdivision stage. Parking restrictions should be Council’s Traffic Engineers are of the view that the imposed surrounding Burke development will not have an unreasonable impact Road South Reserve on parking and traffic within the local streets surrounding Burke Road South Reserve. It is not within the scope of the planning permit to require changes to on-street parking restrictions, however, Council’s Traffic Engineers can monitor and review the situation following the completion of the development. Gate at eastern end, into Burke It is agreed that it would be beneficial if the eastern Road South Reserve, should be gate was more conveniently located further south deleted as it will result in Parkin along the eastern boundary, to provide a more direct Street being used as a pick-up / connection with the Gardiners Creek path. This is drop-off location addressed in the recommended permit conditions.
The eastern gate should be
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located further south along the eastern boundary, so that it is closer to the Gardiners Creek path Behaviour of people associated The use of Burke Road South Reserve is not the with St Kevin’s College rugby subject of this planning application. matches at Burke Road South Reserve requires monitoring as the park is regularly littered with sports tape and other rubbish following matches The proposed 3m high fence It is recommended that the existing boundary fence along the eastern boundary will be retained in the vicinity of the pine trees, with the have a detrimental impact on proposed 3m high boundary fence to be deleted. the health and form of the existing pine trees The design of the boundary On 1 July 2015, the applicant provided Council with a fence is like a prison fence plan “for discussion purposes” that proposes an alternative boundary fencing treatment. A copy of the plan is provided at Appendix B. The plan shows:
Boundary fencing, comprised of 3.0m high black chainwire fencing, except for those parts of the boundary that abut Nos. 1B and 2A Faircroft Avenue and 20 Parkin Street, where the existing timber paling fences will be retained.
The recommended permit conditions seek to implement the fencing designs shown in the “discussion purposes” plan. The landscape plans should The recommended permit conditions require the show the height of plants at the height of trees at planting to be shown on the time of planting. Mature planting landscape plan. In the experience of Council’s is needed Arborist, the ideal height of trees at planting is 2m. Trees that are larger / more mature than this are at a greater risk of failing and research has shown that younger trees are more adaptable and tolerant when being planted and establish better over time compared to more mature trees. Having a substantial number of Use of the land for an Education Centre is entirely students on the land will disrupt consistent with the outcomes sought by the Priority the life of residents within Development Zone Schedule 1 and the Tooronga Tooronga Village Village Incorporated Plan 2013 and does not require planning permission.
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