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Report to the Future (Planning) Committee Agenda item 6.3

Planning Permit Application: TP-2015-549 8 September 2015 99-127 Pearl River Road, Docklands

Presenter: Evan Counsel, Planning Coordinator

Purpose and background

1. The purpose of this report is to advise the Future Melbourne Committee of a Planning Application at 99- 127 Pearl River Road, Docklands (refer Attachment 2 – Locality Plan). This matter is presented at the request of Councillor Mayne. The planning permit application was submitted on 25 June 2015. No formal amendments were made to the application throughout the process. The applicant is O’Brien Group C/- Kevin McCullagh Pty Ltd, the owner is AM Harbour Town Nominees Pty Ltd. The signage design and fabrication is by Eness.

2. The subject site is located within the Docklands Zone Schedule 6 and is affected by the City Link Project Overlay. The site is also affected by the Design and Development Overlay 12, the Development Plan Overlay 7 and the Parking Overlay 10, however these overlays are not relevant to the application.

3. The is a significant recreation facility which hosts Sports and Recreation and the Olympic Winter Institute of .

4. The application seeks approval to erect and display three internally illuminated major promotion, business identification sky signs. The proposed signs would consist of block white lettering of the words ‘O’Brien Group Arena’. As proposed the signs would be located projecting above the building on the north, east and west elevation (refer Attachment 3 – Selected Plans).

5. The application is exempt from requirements for the formal giving of notice and third party review rights. The application was referred to VicRoads and Places Victoria as a determining referral authority. Neither authority objected to the application.

6. The proposal also requires written consent from the Minister for Planning for the proposed signs pursuant to the City Link Project Overlay. Plans have been submitted to the Department of Environment, Land, Water and Planning for consideration.

Key issues

7. The key issues in relation to the application relate to location and size of the three sky signs. Urban Design advice was unsupportive of the location and size of the proposed signs. The Local Policy for Advertising Signs states that sky signs are discouraged. Given the architecture of the building and relevant policy, it is recommended that a condition be included on any permit to issue requiring that the signs be located high on the façade of the existing building rather than above it.

Recommendation from management

8. That the Future Melbourne Committee resolves that a Planning Permit be issued subject to the conditions listed in the attached delegate report (Attachment 4).

Attachments: 1. Supporting Attachment 2. Locality Plan 3. Selected Plans 4. Delegate Report 1 Page 2 of 23

Attachment 1 Agenda item 6.3 Future Melbourne Committee 8 September 2015

Supporting Attachment

Legal

1. Division 1 of Part 4 of the Planning and Environment Act 1987 (Act) sets out the requirements in relation to applications for permits pursuant to the relevant planning scheme.

Finance

2. There are no direct financial issues arising from the recommendations contained in this report.

Conflict of interest

3. No member of Council staff, or other person engaged under a contract, involved in advising on or preparing this report has declared a direct or indirect interest in relation to the matter of the report.

Stakeholder consultation

4. The application was exempt from notice and review. Places Victoria where informally notified of the application and did not object to the proposal.

Relation to Council policy

5. Relevant Council policies are discussed in the attached delegate report (refer Attachment 4).

Environmental sustainability

6. The Local Policy for Energy Water and Waste at Clause 22.19 of the Melbourne Planning Scheme is not applicable to a signage application.

1 Page 3 of 23 Attachment 2 Agenda item 6.3 Future Melbourne Committee 8 September 2015 Locality Plan – 99-127 Pearl River Road, Docklands

Page 4 of 23 Page 5 of 23 Page 6 of 23 Page 7 of 23 Page 8 of 23 Page 9 of 23 Page 10 of 23 Page 11 of 23 Page 12 of 23 Page 13 of 23 Page 14 of 23 Page 15 of 23 Page 16 of 23 Attachment 4 Agenda item 6.3 Future Melbourne Committee 8 September 2015 DELEGATED PLANNING APPLICATION REPORT

Application number: TP-2015-549

Applicant: Kevin McCullagh & Associates

Address: Icehouse, 99-127 Pearl River Road, DOCKLANDS VIC 3008

Proposal: The erection and display of internally illuminated, major promotion, business identification, high wall signs.

Date of application: 24 June 2015

Responsible officer: Dianne King

1 SUBJECT SITE AND SURROUNDS The subject site is the existing Icehouse in Docklands. The building was purpose built to be the premier ice sports venue in Victoria and Australia. The venue hosts the Olympic Winter Institute of Australia, Access Victoria, school and community groups. The building itself was designed to look like an ice block with clean smooth white walls and a solid form. The site is located in a highly visible location, just off Footscray Road, the observation wheel to the east, and the City Link Freeway and Moonee Ponds Creek to the west.

Aerial Photo

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2 BACKGROUND AND HISTORY 2.1 Application History Pre-application discussions raised possible issues with the signs projecting above the building façade. Following referral of the application, the applicant submitted further justification for the signs including details of the significance of the Icehouse to the State, Tourism and the Winter Sports community, and 3D Render of the proposed design response. 2.2 Planning Application History Previous façade signs were issued by the Minister for Planning. The site has since been allocated back to City of Melbourne as the Responsible Authority.

3 PROPOSAL It is proposed to remove all existing signage on the building with the exception of the Olympic Winter Institute (OWI) signage, and erect three new business/building identification signs. The proposed signs are defined as internally illuminated major business identification sky signs. They are proposed to replace the previous branding ‘Medibank Icehouse’ with ‘O’Brien Group Arena’ and will be placed on the eastern, northern and western facades. The signs will project above the building façade. The signs vary in size as follows: East Sign 1: 28,100mm x 1,630mm North Sign 2: 19,000mm x 1,100mm West Sign 3: 23,000mm x 1,335mm

4 STATUTORY CONTROLS The following clauses in the Melbourne Planning Scheme require a planning permit for this proposal:

Clause Permit Trigger Clause 37.05 Pursuant to Clause 37.05 Schedule 6, a permit is required to erect an advertising sign. Docklands Zone 6 Clause 43.02 N/A Design and Development Overlay Schedule 12 Clause 43.04 N/A Development Plan Overlay Schedule 7 Clause 45.07 Pursuant to Clause 45.07, a permit is required for the proposed signage. City Link Project Overlay Clause 45.09 N/A Parking Overlay Schedule 10 Page 18 of 23

5 STRATEGIC FRAMEWORK 5.1 State Planning Policy Framework (SPPF) The relevant provisions of the SPPF are summarised as follows: Clause 17.03-1 seeks to encourage tourism development to maximise the employment and long-term economic, social and cultural benefits of developing the State as a competitive domestic and international tourist destination. Relevant strategies include ‘facilitating local, national and global connections and alliances’ and ‘providing information and leisure services’. 5.2 Local Planning Policy Framework (LPPF) 5.2.1 Municipal Strategic Statement (MSS) The relevant provisions of the MSS are summarised as follows: Clause 21.08-1 includes strategy 1.2 ‘Enhance the viability, diversity and vitality of shops and services in local retail centres’. Clause 21.08-2 includes strategy 1.2 ‘Support the development of Docklands … as a vibrant business and retail area…’. Clause 21.13 includes the following relevant objective ‘Ensure buildings on landmark sites which terminate views or vistas or mark key local focal points are designed to the highest quality’. Clause 21.17 relates to reference documents. Relevant to this application is the ‘Melbourne Docklands Outdoor Signage Guidelines 2004’. 5.2.2 Local Policies Pursuant to Clause 22.07 – Advertising Signs, the Docklands Zone has the objective to (inter alia) ‘Promote a thriving and vibrant mixed use inner city environment that includes major sporting and entertainment, leisure and recreation facilities’. Signs should: ‘Be innovative. Signage should be designed to not only fulfil its primary purpose but also be innovative and creative in the way that it fulfils that purpose. Be integrated. Signage should reinforce the contemporary character of Docklands and be designed to enhance and complement the surrounding environment and architecture. The signage response may vary according to its physical context. Be durable. Signage design and materials should be of high quality. The marine environment of Docklands should be considered in the choice of materials as well as flexibility for updating and changing the signage in the future.’

6 ZONE The subject site is located within the Docklands Zone Schedule 6. The purpose of this Zone is: To provide for a range of commercial, residential, recreational, educational, technology and business and leisure uses within a mixed use environment. To provide for a range of active and people orientated uses at the lower levels of buildings that are complementary of residential uses. To acknowledge the retention of port related activities west of . Page 19 of 23

7 OVERLAY(S) The subject site is affected by the City Link Project Overlay. Pursuant to Clause 66.04 the proposal was referred to VicRoads for comment. A response from VicRoads was not received within 28 days, and they could not be contacted for comment. Therefore it is assumed that they have no issue with the proposed sign as it relates to City Link. Pursuant to Clause 45.07: ‘A permit is not required to display an outdoor advertising sign if the sign is in a location or area identified on the plan titled ‘Melbourne City Link Project - Advertising Locations November 2003’.’ The sign is not located within one of the pre-approved signage areas within the plan. ‘Except in locations shown on the plan where signs are prohibited, additional outdoor advertising signs may be displayed without a permit for a period not exceeding four years from the date of approval (or other such period approved by the Minister) provided that a plan of the sign showing its location and dimensions is approved by the Minister.’ The applicant has been advised that they require consent for the proposed signs from the Minister for Planning. In locations shown as ‘prohibited area for advertising signs’ on the plan titled ‘Melbourne City Link Project - Advertising Sign Locations November 2003’, a permit may be granted to display a Business identification sign provided: The land is no longer under the control of the Melbourne City Link Project or the Exhibition Street Extension Project. The sign is not prohibited by the advertising requirements of the zone and Clause 52.05 - Advertising Signs. The subject site is also affected by the Parking Overlay Schedule 10, the Design and Development Overlay Schedule 12 (Noise Attenuation) and the Development Plan Overlay Schedule 7. These overlays do not include permit triggers for the proposed signs.

8 PARTICULAR PROVISIONS The following particular provision applies to the application: Clause 52.05, Advertising Signs

9 GENERAL PROVISIONS The following general provisions apply to the application: Clause 65, Decision Guidelines, which includes the matters set out in Section 60 of the Planning and Environment Act 1987. Clause 66, Referral and Notice Provisions

10 PUBLIC NOTIFICATION Pursuant to Clause 37.05 Schedule 6, an application to erect or construct or carry out works for an advertising sign, 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. Page 20 of 23

11 REFERRALS 11.1 Internal The application was referred internally to Urban Design for comment. A summary of their comments are provided as follows: ‘The size of all signs are significantly too prominent, too large and grossly out of scale to the building for the purpose of business identification. The signs appear as overt advertising unto themselves, not as identification of a business or operation within a building. All signs are sky signs, and this is inappropriate for business identification. For signs 01 and 02, the dominant visual impact is magnified by the central location of the signs, which further serves to promote the signs as elements unto themselves, not to the business within the building for which they are to signify and within which they are to be placed. Recommendations That the business identification signs be located on the building, not on top of the building. That the business identification signs be significantly reduced in their size. That the business identification signs be located asymmetrically on, and within, the overall building elevation. That the business identification signs appear as minor components of the respective building elevations.’ This application was discussed at the Senior Officers Discussion, where the location of the signs (being sky signs) was discussed in detail. The general consensus was that the design of the building presents a blank façade ideal for the placement of a sign as has been the case for the life of the building. That policy discourages sky signs and this approach has been applied to other major sports arenas throughout Melbourne. And finally that consideration of a sky sign would only be in cases where the sign complements the building design, is designed into the building, or cannot be easily accommodation on the façade without causing visual clutter or having limited visibility. 11.2 External Pursuant to Clause 66, an application under the City Link Project Overlay (Clause 45.07-6) must be referred to the Roads Corporation as a determining referral authority.

Pursuant to the Schedule to Clause 66.04 an application for building and works or use within the Docklands Zone must be referred to Places Victoria. Places Victoria had no objection to the application.

12 ASSESSMENT The application seeks approval for three signs which will replace existing ‘Medibank Icehouse’ signs and identify the primary tenant of, and name of the building. The signs relating to existing tenants ‘Olympic Winter Institute of Australia’ are to be retained. The proposed sign is block white lettering projecting over the building parapet. This design in itself is not considered innovative, as sought by Clause 22.07. Prior to lodgement of this application, the applicant considered a more innovative sign Page 21 of 23

however given the simplicity of the building, a classic style of sign was a more appropriate design response for the site. The simplicity of the signage is in keeping with the character of the building design, and will project a clear message amongst the commotion of other lighting and signs in the Docklands background, such as the colourful Melbourne Observation Wheel. The design of signage is unique to Docklands, and is a direct design response to the building on site. The style of lettering is therefore supported. It is considered that the proposed signage in terms of size and materials responds directly to its physical context. Whilst significantly larger than previous signs, the proposed signage is simple and durable, it is designed to mimic the dimensions of the flat portion of each facade. Whilst the dimensions of the signs is not supported by Urban Design, given the simple lettering, and that the dimensions are designed specifically to respond to the flat portions of the building, the proposed dimensions are supported. The Icehouse is a unique building, designed specifically to look like an iceblock, with smooth lines, a solid form, and uniformity in its detail. This provides a clear façade to place business identification signs onto, as was the original and existing design response. The history of the building has always included the provision of a sponsor sign on the building façade. Clause 22.07 discourages sky signs. There are a limited number of approved sky signs within City of Melbourne. Examples provided by the applicant include:  The Royal Children’s Hospital. This signage did not require a planning permit, as it was designed in conjunction with the Hospital which was exempt from requiring a planning permit. In any case, the building design is complex which multiple colours and operable louvres, which would not allow a sign to be flush mounted upon.  The PICASO NGV sign. This was a temporary approval, for a visiting exhibit, and comprises free standing letters within the water feature. It is not considered a sky sign.  The Melbourne Exhibition Centre sign. Again this sign was designed with the new building and the permit was not issued by City of Melbourne. The sign is specifically designed in conjunction with the form of the cantilevered canopy. In each case above these are single signs for significant state government buildings. Other sporting arenas of similar significance, such as Hisense arena and have similar signs, but located on the building façade. The Melbourne Docklands Outdoor Advertising Design Guidelines incorporates the following preferred approach for sky signs: ‘Sky signs should be contained within an existing or created outline of a building. A structure creating a new outline is to be designed to appear as if it were part of the original building, or otherwise matches or complements its architecture. The size and form of a sky sign shall be appropriate to the scale and character of both the building on which it is displayed and other development in the locality. Sky signs should identify the name of the building or a major tenant within the building on which it is displayed rather than be for purely promotional purposes. Consideration should be given to the appearance of the sign both during the day and night.’

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Etihad Stadium within Docklands has two signs located above the building façade, however these signs sit lower that the retractable roof and overall height of the buildings. These signs are consistent with the above policy as the signs sit within the outline of the building. Whilst the proposed signs identify the name of the building, they are not contained within an existing or created outline of the building. The new sign does not appear to be part of the original design of the building. The three proposed sky signs will be within a key vista when entering the city from City Link. Clause 22.07 states that sky signs are discouraged. Projecting above the building façade, the signs will appear as an ‘add-on’ rather than integrated, as sought by Clause 22.27. The lack of support for sky signs within City of Melbourne is evident across other major sporting arenas such as Etihad Arena (Docklands), MCG, AAMI Park, and Westpac Centre. A sky sign would typically be considered if a sign on the building façade resulted in visual clutter or was not easily distinguishable, for instance if there was intricate building detail which would make the sign difficult to decipher. This is not the case in this instance. A sky sign in this instance is not supported. The building façade can easily accommodate an appropriately designed sign, and subject to some minor modifications to ensure visibility during daytime hours, the sign will continue to have high visibility, being located adjacent the City Link freeway. Placing the signs on the building façade, as per existing conditions, will not result in visual clutter or detract from the design of the building. The proposed signs are a classic font with minimal impact to the aesthetic of the existing building. Should the signs be moved down onto the building façade, a darker outline of the lettering would be required (or a change to the letter colour) in order to ensure they were visible during the day when not illuminated. The simplicity of the design, single colour, illumination, and style of the sign fits well within the buildings architectural design parameters and the surrounding urban landscape. In particular, the single colour and solid lettering ensures the sign does not clash with the changing colours of the Observation Wheel to the east when viewed from the freeway. The Arena is a significant, community asset. The O’Brien Group, in partnership with Sports and Recreation Victoria and the Olympic Winter Institute of Australia actively competes with other states and nations to attract regional, national and international ice sports events. In this respect it is the regarded as the premier ice sports arena in Australia. As submitted by the applicant, the venue warrants effective recognition of the venue, which, in conjunction with its highly distinctive architectural form, the proposed signage relocated to the building façade, will provide. Given the significance of the venue and the design of the building, the proposed scale of the signs is appropriate in order to attract attention to the venue. 12.1 Conclusion Based on the relocation of the sign to the building façade, it is considered that the proposal is consistent with the relevant sections of the Melbourne Planning Scheme, as discussed above, and that a Planning Permit be issued for the proposal subject to the following conditions:

13 DECISION That a Planning Permit be issued subject to the following conditions: Page 23 of 23

1. Prior to the commencement of the erection and display of signs on the land, two copies of plans, drawn to scale must be submitted to the Responsible Authority generally in accordance with the plans received on 25 June 2015 but amended to show:

a) All signage must be located on the building façade. Details of the lettering may vary slightly in order to ensure they are clearly legible during the day.

These amended plans must be to the satisfaction of the Responsible Authority and when approved shall be the endorsed plans of this permit.

2. The signs, including their structure and advertising material therein as shown on the endorsed plan, shall at all times be maintained in good order and condition to the satisfaction of the Responsible Authority. 3. The location, size, and degree of illumination of the signs shown on the endorsed plans must not be altered or modified without the written consent of the Responsible Authority. 4. The signs hereby permitted must not be animated or contain any flashing light. 5. This permit expires 15 years from the date of issue, at which time the sign and all supporting structures must be removed and the site made good to the satisfaction of the responsible authority. 6. The time for the commencement of the erection or display of the advertising signs hereby approved is two years from the date of issue and the time for completion is specified as two years from the date of such commencement.

Dianne King Senior Planning Officer