Planning and Environment Act 1987

MELBOURNE PLANNING SCHEME

AMENDMENT C111

EXPLANATORY REPORT

Who is the Planning Authority?

This Amendment has been prepared by the Minister for Planning and the Minister for Planning is the Planning Authority for this Amendment.

Land affected by the Amendment.

The Amendment affects land at 134-144 Southbank Boulevard, 21-43 Sturt Street, and part of Southbank Boulevard, adjacent to the northern boundary of the site, Southbank.

What the Amendment does.

The amendment makes changes to the Schedule to Clause 52.03 “Specific Sites and Exclusions”, and the Schedule to Clause 81 “Documents Incorporated in this Scheme” to insert a new document titled ‘Melbourne Recital Hall and MTC Theatre project August 2005’, and amends the schedule to clause 61.01 – 61.04 inclusive, to make the Minister for Planning the responsible authority for the land at 134-144 Southbank Boulevard, 21-43 Sturt Street and part of Southbank Boulevard, adjacent to the northern boundary of the site, Southbank. The amendment also rezones the land from Mixed Use Zone to Capital City Zone –Schedule 1 (Outside the Retail Core), and places a Road Closure Overlay over a section of Southbank Boulevard adjacent to the northern boundary of the site, Southbank.

Strategic assessment of the amendment:

Why the Amendment is required.

The amendment is required to facilitate the use and development of two major new arts facilities, a recital hall and a Melbourne Theatre Company theatre, at 134-144 Southbank Boulevard, 21-43 Sturt Street, and part of Southbank Boulevard, adjacent to the northern boundary of the site, within the Southbank Arts precinct.

The proposal secures one of the final undeveloped sites in the Arts precinct and ensure that it is developed in keeping with the State Government’s strategies for the promotion of art through the development of new cultural infrastructure in Victoria.

The development will comprise: • A Recital Hall providing a 1000 seat auditorium, a 500 seat salon and educational facilities; • A Theatre to provide a permanent home for the Melbourne Theatre Company (MTC) including a 500 seat theatre and a 150 seat rehearsal hall.

The Recital Hall will provide a first class acoustic environment for a range of classical and contemporary music ensembles based in Melbourne, including Music Viva, The Australian Chamber Orchestra, Melbourne Chorale, The Melbourne Festival Chamber Music Series, the Melbourne Symphony Orchestra and Orchestra Victoria Chamber Music Ensembles. The Recital Hall will address a critical gap in Melbourne’s arts infrastructure by providing a facility for 1000 seats, a capacity level in between the current facilities offered in Melbourne. The project will fulfil a 25 year search for a purpose built Recital Hall.

The 500 seat MTC Theatre will fulfil a ten year search for a permanent home for the MTC. The MTC is Australia’s longest established professional theatre company and an important element in Melbourne’s performing arts industry.

The two venues have been designed by leading Melbourne architects, Ashton, Raggatt, Mc Dougall. The buildings will front Southbank Boulevard and will appear as two distinct buildings with innovative, contemporary architectural expressions that will reflect and reinforce the cultural identity of the precinct. The buildings will have a medium rise scale, consistent with the surrounding urban fabric and have been deliberately designed to provide visual interest to the public realm, both during the day and night.

The two buildings will encroach beyond the existing property line to the north, requiring modifications to the intersection of Southbank Boulevard and Sturt Street, and the closure of a part of Southbank Boulevard.

The proposal also includes the use and construction of a commercial car park which will occupy land to the rear of the Recital Hall and MTC Theatre. The car park will comprise 383 car parking spaces along with a retail unit fronting Sturt Street. The car park will be open to both staff and patrons of the arts venues and the general public. The Traffic Engineering Assessment undertaken for the project demonstrates that the car park is required to cater for the parking demands that will be generated by the development and to ensure that there will be no adverse parking impacts on the surrounding street network. The car park will be designed to integrate with the architecture of the Recital Hall and MTC Theatre and will provide an ‘active’ interface with Sturt Street.

To facilitate the development, it is necessary to demolish the existing buildings on site including a local ‘C grade’ Art Deco heritage building at 21-23 Sturt Street. A heritage assessment undertaken by Allom -Lovell & Associates, Conservation Architects, found that while the building has architectural merit, it is not unique and is not one of Melbourne’s important art deco buildings. The study concludes that the cultural significance of the development to the Arts Precinct and the broader context of cultural life in Melbourne outweighs the comparatively minor significance of the building and justifies its demolition.

The incorporated document titled ‘Melbourne Recital Hall and MTC Theatre project, August 2005’, specifically exempts the need for a permit for the use and development under any provision of the Melbourne Planning Scheme, where generally in accordance with the referenced plan drawings. The use and development must be generally in accordance with the Incorporated Plans which are listed in the document, and detailed conditions of the Incorporated Document.

The inclusion of the land within the Capital City Zone will acknowledge the site’s complimentary function and strategic position proximate to The Arts Centre, The National Gallery of Victoria and The Australian Ballet Centre and will enhance the role of Melbourne’s central city as the capital of Victoria` and as an area of national and international cultural importance.

How does the amendment implement the objectives of planning in Victoria? (S.4 of the Planning and Environment Act 1987)

The Amendment implements the objectives of planning in Victoria by implementing the relevant parts of Melbourne 2030, the SPPF, LPPF and MSS of the Melbourne Planning Scheme.

How does the amendment address any environmental effects?

The amendment takes into account all significant environmental effects, including both the effects the amendment might have on the environment, and the effects which the environment might have on any use or development envisaged by the amendment.

The Environment Protection Authority (EPA), VicRoads, and CityLink Melbourne Ltd have been consulted with respect to any affects the proposal may have on the road network and the operation of the City Link exhaust stack. CityLink Melbourne Ltd and the EPA have no objections to the proposal, and VicRoads has no objection subject to conditions being placed on the incorporated document.

How does the amendment address any relevant social and economic effects?

The economic and social benefits resulting from the amendment include: ƒ The two venues will enhance Victoria’s reputation as a leading centre for the arts and culture, and will strengthen Melbourne’s role as a primary tourist destination and cultural hub for the metropolitan area. ƒ The two venues will provide a significant improvement to the Arts precinct by addressing a critical gap in Melbourne’s Arts infrastructure with the provision of facilities that are genuinely needed by the community. ƒ The project aims to facilitate the delivery of arts and cultural programs to the broader community by providing a diversity of cultural venues and encouraging improved community access and participation through better integration within the arts precinct and the Yarra corridor. ƒ The development will provide significant ongoing employment opportunities in the arts industry.

How does the amendment comply with the requirements of any other Minister’s Direction applicable to the amendment?

The amendment is consistent with the Ministerial Direction on the Form and Content of Planning Schemes under Section 7(5) of the Act.

The amendment is affected by Ministerial Direction No. 9 and is consistent with it by having regard to Melbourne 2030 (Metropolitan Strategy).

The amendment complies with Ministerial Direction 11 – Strategic Assessment of Amendments.

How does the amendment support or implement the State Planning Policy Framework and any adopted State policy?

The use and development affected by the amendment is supported by the ‘Metropolitan Strategy - Melbourne 2030’ with regard to:

ƒ Policy 4.2, to strengthen central Melbourne’s Capital city functions and its role as the primary business, retail, sport and entertainment hub for the metropolitan area. ƒ Policy 5.1, to promote good urban design to make the environment more liveable and attractive. ƒ Policy 5.2, to recognise and protect cultural identity, neighbourhood character and sense of place. ƒ Policy 6.4, to develop a strong cultural environment and increase access to the arts, recreation and other cultural facilities.

The use and development of the Melbourne Recital Hall and MTC Theatre is consistent with the State Planning Policy Framework, in particular: ƒ Clause 11.03-6, Principles of Land Use Planning, Social Needs: by providing land for accessible cultural and educational community facilities. ƒ Cl. 14.02 & 17.01, Settlement and Economic Development: The Capital City role of the City of Melbourne as the major Victorian focus of activity in finance, retail, commerce, tourism, culture and entertainment is to be strengthened in planning for inner Melbourne. ƒ Cl.17.04, Tourism: by supporting the development of the State as a competitive, domestic and international tourist destination by developing two major new arts venues which will strengthen Melbourne’s reputations as the arts capital. ƒ Cl.19.03, Design and Built Form: by introducing two new buildings of outstanding architectural quality which will enliven the public realm and strength the Southbank Arts precinct by creating a significant new landmark and focal point.

How does the amendment support or implement the Local Planning Policy Framework, and specifically the Municipal Strategic Statement?

The development and uses are also consistent with the City of Melbourne’s Municipal Strategic Statement “City Plan” strategic directions in that: ƒ The project will consolidate and enhance the existing Southbank Arts precinct which includes the Victorian College of the Arts, the Malthouse theatre, the Australian Centre for Contemporary Arts and the Victorian Arts Centre, promoting the City of Melbourne as a “City of the Arts”. ƒ The project will provide two high quality buildings which will create a new landmark, reflecting the importance of the site’s Arts precinct location. The buildings will compliment the low rise scale of the surrounding area and all visible facades will be well detailed and provide for direct interaction with the public realm. ƒ The traffic and parking demand associated with the development will be appropriately catered for and managed ensuring that there will be no adverse impacts on the surrounding street network. ƒ The social and economic significance of the proposed development to the Melbourne Arts precinct and the State of Victoria outweighs the historical significance of the local C grade heritage building on the site.

Does the amendment make proper use of the Victoria Planning Provisions?

The amendment utilises the specific sites and exclusions provisions which are intended for proposals that in extraordinary circumstances require specific controls designated to achieve a particular land use and development outcome. The project’s urgency and its significant social and economic benefits to the State and this part of Victoria, warrant the use of these provisions. The incorporated document titled ‘Melbourne Recital Hall & MTC Theatre project August 2005’, specifically exempts the need for a permit for the use and development under any provision of the Melbourne Planning Scheme, where generally in accordance with the referenced plan drawings.

How does the amendment address the views of any relevant agency?

The Amendment will give effect to an outcome where the issues have been reasonably considered and the views of affected parties are known.

The Melbourne City Council , have been consulted with respect to the specific content of this amendment and have provided positive comments which have been taken into consideration. In general, Melbourne City Council is supportive of the application subject to conditions being placed in the incorporated document as part of the approval in the Melbourne Planning Scheme.

VicRoads, CityLink Melbourne Ltd and the Environmental Protection Authority, as well as other key stakeholders in the Melbourne Arts Precinct, have also been consulted and have raised no objection to the proposals, subject to conditions which have been included in the incorporated document.

What impact will the new planning provisions have on the resource and administrative costs of the responsible authority?

It is expected that the new planning scheme provisions will have a limited impact on the resource and administrative costs of the responsible authority. The proposed amendment will provide greater certainty of the built form outcomes for the land and ensure that construction of this important project can progress in a timely manner to achieve the State Government’s commitment to a 2008 opening.

Where you may inspect this Amendment.

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

Department of Sustainability and Environment Planning Information Centre Ground floor 8 Nicholson Street East Melbourne

City of Melbourne Level 6, Council House 200 Little Collins Street Melbourne 3000