Agenda Page 1 YARRA CITY COUNCIL Planning Decisions Committee Agenda – Part 1 to be held on Wednesday 23 September 2020 at 6.30pm in MS Teams Rostered Councillor membership Councillor Stephen Jolly Councillor Jackie Fristacky Councillor James Searle I. ATTENDANCE Danielle Connell (Senior Co-Ordinator Statutory Planning) Michelle King (Principal Planner) Rhys Thomas (Senior Governance Advisor) Cindi Johnston (Governance Officer) II. DECLARATIONS OF PECUNIARY INTEREST AND CONFLICT OF INTEREST III. CONFIRMATION OF MINUTES IV. COMMITTEE BUSINESS REPORTS Printed on 100% recycled paper Yarra City Council – Planning Decisions Committee Agenda – Wednesday 23 September 2020 Agenda Page 2 Acknowledgement of Country "Yarra City Council acknowledges the Wurundjeri Woi Wurrung people as the Traditional Owners and true sovereigns of the land now known as Yarra. We acknowledge their creator spirit Bunjil, their ancestors and their Elders. We acknowledge the strength and resilience of the Wurundjeri Woi Wurrung, who have never ceded sovereignty and retain their strong connections to family, clan and country despite the impacts of European invasion. We also acknowledge the significant contributions made by other Aboriginal and Torres Strait Islander people to life in Yarra. We pay our respects to Elders from all nations here today—and to their Elders past, present and future." Yarra City Council – Planning Decisions Committee Agenda – Wednesday 23 September 2020 Agenda Page 3 Planning Decisions Committee Submissions “Prior to the consideration of any Committee Business Report at a meeting of the Planning Decisions Committee, members of the public shall be invited by the Chairperson to make a verbal submission. In determining the order of submissions, the Chairperson shall first invite the applicant or their representatives to submit, followed by formal objectors and finally any other interested persons. All submitters accepting the invitation to address the meeting shall make submissions in accordance with these guidelines (or a variation of these guidelines as determined by the Chairperson at their sole discretion). • Speak for a maximum of five minutes; • Direct their submission to the Chairperson; • Confine their submission to the planning permit under consideration; • If possible, explain their preferred decision in relation to a permit application (refusing, granting or granting with conditions) and set out any requested permit conditions. • Avoid repetition and restating previous submitters; • Refrain from asking questions or seeking comments from the Councillors, applicants or other submitters; • If speaking on behalf of a group, explain the nature of the group and how the submitter is able to speak on their behalf. Following public submissions, the applicant or their representatives will be given a further opportunity of two minutes to exercise a right of reply in relation to matters raised by previous submitters. Applicants may not raise new matters during this right of reply. Councillors will then have an opportunity to ask questions of submitters. Submitters may determine whether or not they wish to take these questions. Once all submissions have been received, the formal debate may commence. Once the debate has commenced, no further submissions, questions or comments from submitters can be received.” Extract from the Council Meeting Operations Policy, September 2019 Yarra City Council – Planning Decisions Committee Agenda – Wednesday 23 September 2020 Agenda Page 4 1. Committee business reports Item Page Rec. Page 1.1 PLN19/0203: 150-152 Bridge Road, 1-3 Allowah Terrace and 195 5 83 Lennox Street, Richmond - Part demolition of existing buildings to construct a multi-level commercial building (maximum six storeys plus roof plant/roof garden and two level basement) for use as office (including associated event/showroom and wellness centre), medical suites and retail (no permit required for use), construction of a canopy over a Road Zone Category 1, and reduction in car parking requirements associated with office and retail uses 1.2 PLN19/0892 - 157-161 Burnley Street, Richmond - Construction of 97 146 a multi-storey building for use as an office, restricted retail and food and drink premises (cafe) and a reduction in the statutory car parking requirement. 1.3 PLN20/0022 - 16 Napier Street Fitzroy - Part demolition, alterations 155 174 and additions to the existing dwelling including a ground and first floor extension 1.4 PLN20/0230 - 587 - 593 Church Street, Richmond - Use and 177 263 development of the land for a thirteen storey residential hotel (with an ancillary gym and function centre), a ground floor restaurant and a roof-top bar (all permit required uses) with two basement levels, a reduction in car parking and alteration of access to a road zone, category 1 Yarra City Council – Planning Decisions Committee Agenda – Wednesday 23 September 2020 Agenda Page 5 1.1 PLN19/0203: 150-152 Bridge Road, 1-3 Allowah Terrace and 195 Lennox Street, Richmond - Part demolition of existing buildings to construct a multi-level commercial building (maximum six storeys plus roof plant/roof garden and two level basement) for use as office (including associated event/showroom and wellness centre), medical suites and retail (no permit required for use), construction of a canopy over a Road Zone Category 1, and reduction in car parking requirements associated with office and retail uses Executive Summary Purpose 1. This report provides the Planning Decision Committee (PDC) with an assessment of a planning application submitted for 150-152 Bridge Road, 1-3 Allowah Terrace and 195 Lennox Street, Richmond. The report recommends approval of the application, subject to a number of conditions. Key Planning Considerations 2. Key planning considerations include: (a) Clause 15 – Built Environment and Heritage; (b) Clause 21.05 – Built Form; (c) Clause 22.02 – Development Guidelines for Sites Subject to the Heritage Overlay; (d) Clause 22.03 – Landmarks and Tall Structures; (e) Clause 22.05 – Interface Uses Policy; (f) Clause 22.07 – Development Abutting Laneways; (g) Clause 34.01 – Commercial 1 Zone; (h) Clause 36.04 – Road Zone; (i) Clause 43.01 – Heritage Overlay; (j) Clause 43.02 – Design and Development Overlay (Schedule 21); and (k) Clause 52.06 – Car Parking. Key Issues 3. The key issues for Council in considering the proposal relate to: (a) Policy and strategic support; (b) Built form, design and heritage, including; i. Context; ii. Height, scale and massing (including streetscape and equitable development); iii. Heritage; iv. Architectural quality; v. Landmarks, views and vistas; vi. Public realm, pedestrian spaces, light and shade; and vii. Tree removal and landscaping; (c) On-site amenity (including ESD); (d) Off-site amenity; (e) Car parking and traffic, car park access and layout, bicycle parking; and Yarra City Council – Planning Decisions Committee Agenda – Wednesday 23 September 2020 Agenda Page 6 (f) Objector concerns. Submissions Received 4. Thirty-two (32) objections were received to the application, these can be summarised as: (a) Commercial use not appropriate in context of residential area; (b) Built form, height, scale and setback (c) Materials result in dominant presentation; (d) Heritage impact to buildings on site, along Bridge Road, Lennox Street and heritage impact to Pelaco site and sign; (e) No acknowledgement of indigenous significance of the site; (f) Impact on views to Pelaco building and sign/impact on skyline; (g) Overdevelopment; (h) Removal of mature trees; (i) Off-site residential amenity (daylight access, overlooking, obstruction to outlook, overshadowing, visual bulk, wind effect, traffic noise and pollution, noise from terraces, noise from a/c system); (j) Off-site amenity impacts to Pelaco site and 154-160 Bridge Road; (k) Equitable development opportunities to adjacent land (Pelaco site, 148 Bridge Road and shops at 154-160 Bridge Road); (l) Reduction in car parking; (m) Traffic impact; (n) Increased traffic along southern laneway will obstruct ingress/egress movements to on- site parking at 197 Lennox Street. The southern laneway was not intended to carry hundreds of movements, deliveries and waste removal movements/does not allow two- way movements; (o) Rubbish truck movements to north-east carriageway/loading area; (p) Design restricts rear vehicular and pedestrian access to 156-160 Bridge Road via the carriageway; (q) Construction over north-east carriageway; (r) Waste disposal; (s) Environmental sustainable design (ESD), greenhouse emissions due to a/c system; (t) Site Plan incorrect (omits southern laneway) and no shadow diagrams and arborist report submitted; (u) The plans show removal of trees on 197 Lennox Street without consent from owners; (v) Insufficient advertising; (w) Applicant’s representatives trespassed and left painted markings at 197 Lennox Street without consent; (x) Disturbance during the construction phase; (y) Request insurance/bond for damage to vehicles and property during construction; (z) Loss of tenants at 197 Lennox Street due to the long construction phase. VCAT Proceedings 5. On 10 August 2020, Council was informed that the applicant lodged an appeal at the Victorian Civil and Administrative Tribunal (VCAT) under S79 of the Planning and Environment Act 1987 (the Act) for failure to determine within the prescribed time. Yarra City Council – Planning Decisions Committee Agenda – Wednesday 23 September 2020 Agenda Page 7 6. A compulsory conference has been scheduled for 14 October