Report to the Future Melbourne Planning Committee Agenda Item 6.5

Page 1 of 45

Report to the Future Melbourne Planning Committee Agenda item 6.5

Ministerial Planning Referral: TPM-2014-8 2 September 2014 85 Spring Street, Melbourne

Presenter: Karen Snyders, Planning Coordinator

Purpose and background

1. The purpose of this report is to advise the Future Melbourne Committee of a Ministerial Planning Application (reference 2014/000435) at 85 Spring Street, Melbourne. The planning application was initially referred by the Department of Transport, Planning and Local Infrastructure (DTPLI) on 11 February 2014 and later amended on 5 March 2014. An amended application/response to the DTPLI further information request was received on 27 June 2014 and a further amended application/response to preliminary comments was received on 6 August 2014.

2. The applicant is Grocon Pty Ltd, the owner is Kador Group Holdings P/L and the architect is Denton Corker Marshall.

3. The site is ‘L’ shaped and has frontages to both Spring and Little Collins Streets. The application seeks approval for the development of a residential tower of 46 levels (303 apartments) with two basement levels. The tower includes nine levels of car parking and two retail tenancies at ground floor level (one to Spring Street and one to Little Collins Street). Access to the car park is from Coates Lane (existing) and access to the apartments is proposed from both Spring and Little Collins Streets. The building has an eight storey (31.58 metres) podium to Little Collins Street. To Spring Street the building extends beyond its title boundary, over the entry to Parliament Station. The overall building height is a maximum of approximately 169.58 metres to the top of an architectural feature to Spring Street.

4. The total gross floor area is 46,941 square metres.

Key issues

5. Key considerations with respect to this proposal are design and built form, residential amenity, impact on development potential of adjoining properties and matters relating to vehicle access.

6. The application site is not subject to any height controls. The land to the south is occupied by low rise heritage buildings. The site also adjoins multi-storey buildings at 27 Little Collins Street (Sheraton Hotel) and apartments and 99 Spring Street (mixed use building which includes apartments).

7. The proposed building is in part built to the site boundaries but also incorporates some setbacks. The setbacks are however considered inadequate and result in a building which will overwhelm the pedestrian as well as adversely impact on the amenity of surrounding lanes. Inadequate (including zero) boundary setbacks will also adversely affect the amenity of existing adjoining and proposed apartments which would necessitate the use of partially obscure glazing, further reducing the amenity of proposed apartments. The proposed building height is considered excessive in relation to the low rise heritage buildings to the south, combined with inadequate setbacks from these buildings which fails to adequately respect their development potential. There are also concerns about the potential for conflict between entering and exiting vehicles as well as impact on loading and access associated with the adjoining building at 27 Little Collins Street.

8. The changes to the development required to render it consistent with requirements of the Melbourne Planning Scheme are considered so significant that they cannot be addressed by conditions.

Recommendation from management

9. That the Future Melbourne Committee resolves that a letter be sent to the Department of Transport, Planning and Local Infrastructure advising that the Melbourne City Council objects to the application for the reasons set out in the attached delegate report.

Attachments: 1. Supporting Attachment 2. Locality Plan 3. Selected proposed plans 4. Delegate Report Page 2 of 45

Attachment 1 Agenda item 6.5 Future Melbourne Committee 2 September 2014

Supporting Attachment

Legal

1. The Minister for Planning is the responsible authority for determining the application.

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. Council officers have not advertised the application or referred it to any referral authorities. This is the responsibility of the DTPLI acting on behalf of the Minister for Planning who is the responsible authority.

Relation to Council policy

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

Environmental sustainability

6. An ESD report forms part of the application submission. It includes the statement that the residential component of the development has the potential to achieve a 5 star Green Star rating. This is consistent with Clause 22.19 of the Melbourne Planning Scheme. The report does not address the matters of the water efficiency of the retail premises.

1 Page 3 of 45 Attachment 2 Agenda item 6.5 Locality Plan Future Melbourne Committee 2 September 2014 TPM 2014-8, 85 SPRING STREET, MELBOURNE

Page 4 of 45 o

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EXISTING CAFE

CANOPY OVER

GLAZED FRONT TO CAR LIFTS

COATES LANE

LOADING DOCK HEIGHT 5m CLEAR CANOPY ABOVE STATION ENTRY FOR RAIN PROTECTION

EXISTING STAIRS TO PARLIAMENT STATION LIFT ACCESS TO BASEMENT BICYCLE BUILDING OVER + MOTORCYCLE PARKING < PROPOSED FOOTPATH EXTENSION

BLUESTONE PAVING

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ROOF RL 196100

LOUVRES TO PLANT ROOM LEVEL 43 RL 183000 LEVEL 42 RL 179500 LEVEL 41 RL 176300 LEVEL 40 RL 173100 LEVEL 39 RL 169900 LEVEL 38 RL 166700 LEVEL 37 RL 163500 LEVEL 36 RL 160300 LEVEL 35 RL 157100 LEVEL 34 RL 153900 LEVEL 33 RL 150700 LEVEL 32 RL 147500 LEVEL 31 RL 144300 LEVEL 30 RL 141100 PRECAST PANEL LEVEL 29 RL 137900 INFILLS LEVEL 28 RL 134700 LEVEL 27 RL 131500 LEVEL 26 RL 128000 LEVEL 25 RL 124800 LEVEL 24 RL 121600 LEVEL 23 RL 118400 450 DEEP ZINC LEVEL 22 RL 115200 COLOURED SPANDREL LEVEL 21 RL 112000 BANDS LEVEL 20 RL 108800 LEVEL 19 RL 105600 LEVEL 18 RL 102400 99 SPRING LEVEL 17 RL 99200 STREET SHOWN LEVEL 16 RL 96000 DASHED FOR LEVEL 15 RL 92800 CLARITY TINTED GLAZING LEVEL 14 RL 89600 WITH CONCEALED WINDOW FRAMES LEVEL 13 RL 86400 LEVEL 12 RL 83200 GLASS LOUVRED WINTER GARDENS LEVEL 11 RL 80000 LEVEL 10 RL 76800 LEVEL 09 RL 73600 LEVEL 08 RL 70400 LEVEL 07 RL 67200 LEVEL 06 RL 64000 LEVEL 05 RL 60800 LEVEL 04 RL 57600 LEVEL 03 RL 54400 PRECAST PARTY LEVEL 02 RL 50560 WALL

2 COLLINS STREET 2 COLLINS LEVEL 01 RL 45520 WHITE FRITTED ALUMINIUM CANOPY GLASS CANOPY TRANSITIONING TO CLEAR ULSTER LITTLE COLLINS STREET CLEAR GLAZING LANE LEVEL 00 RL 32520 TO ENTRY

7459 SK_140 REV 4 85 SPRING STREET PLANNING 26/06/2014 MELBOURNE 1:750 @ A3 GROCON EAST ELEVATION 0 7.5 15 22.5 M Page 14 of 45 H G F E D C B A

ROOF RL 196100

LEVEL 45 RL 190000 LEVEL 44 RL 186500 LEVEL 43 RL 183000 LEVEL 42 RL 179500 LEVEL 41 RL 176300 LEVEL 40 RL 173100 LEVEL 39 RL 169900 LEVEL 38 RL 166700 LEVEL 37 RL 163500 LEVEL 36 RL 160300 LEVEL 35 RL 157100 CLEAR GLASS LEVEL 34 RL 153900 FRAMELESS LEVEL 33 RL 150700 BALUSTRADES LEVEL 32 RL 147500 LEVEL 31 RL 144300 450 DEEP ZINC COLOURED LEVEL 30 RL 141100 SPANDREL BANDS LEVEL 29 RL 137900 TINTED GLAZING + LEVEL 28 RL 134700 PRECAST PANEL LEVEL 27 RL 131500 INFILLS LEVEL 26 RL 128000 LEVEL 25 RL 124800 LEVEL 24 RL 121600 TINTED GLAZING WITH CONCEALED LEVEL 23 RL 118400 WINDOW FRAMES LEVEL 22 RL 115200 LEVEL 21 RL 112000

27 LITTLE COLLINS STREET 27 LITTLE LEVEL 20 RL 108800 LEVEL 19 RL 105600 LEVEL 18 RL 102400 99 SPRING STREET LEVEL 17 RL 99200 SHOWN DASHED LEVEL 16 RL 96000 FOR CLARITY LEVEL 15 RL 92800 LEVEL 14 RL 89600 LEVEL 13 RL 86400 LEVEL 12 RL 83200 LEVEL 11 RL 80000 LEVEL 10 RL 76800 LEVEL 09 RL 73600 LEVEL 08 RL 70400 LEVEL 07 RL 67200 LEVEL 06 RL 64000 LEVEL 05 RL 60800 LEVEL C9 RL 60020 LEVEL 04 RL 57600 ALUMINIUM LEVEL R6 RL 54880 FRAMED CLADDING LEVEL 03 RL 54400 LEVEL R5 RL 51680 WITH TINTED LEVEL 02 RL 50560 GLAZING INFILL LEVEL R4 RL 48480 WHITE FRITTED GLASS CANOPY 30845 LEVEL 01 RL 45520 LEVEL R3 RL 45280 ALUMINIUM PATTERNED FINISH CANOPY LEVEL R2 RL 42080 WHITE OFF-FORM LEVEL R1 RL 38880 CONCRETE CLEAR GLAZING SPRING COATES TO ENTRIES STREET LANE LEVEL 00 RL 32520

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ROOF RL 196100

LEVEL 45 RL 190000 LEVEL 44 RL 186500 LEVEL 43 RL 183000 LEVEL 42 RL 179500 LEVEL 41 RL 176300 LEVEL 40 RL 173100 LEVEL 39 RL 169900 LEVEL 38 RL 166700 LEVEL 37 RL 163500 LEVEL 36 RL 160300 TINTED GLAZING + LEVEL 35 RL 157100 PRECAST PANEL INFILLS LEVEL 34 RL 153900 CLEAR GLASS LEVEL 33 RL 150700 FRAMELESS LEVEL 32 RL 147500 BALUSTRADES LEVEL 31 RL 144300 450 DEEP ZINC LEVEL 30 RL 141100 COLOURED SPANDREL BANDS LEVEL 29 RL 137900 LEVEL 28 RL 134700 LEVEL 27 RL 131500 LEVEL 26 RL 128000 LEVEL 25 RL 124800 LEVEL 24 RL 121600 LEVEL 23 RL 118400 LEVEL 22 RL 115200 LEVEL 21 RL 112000

27 LITTLE COLLINS STREET 27 LITTLE LEVEL 20 RL 108800 LEVEL 19 RL 105600 LEVEL 18 RL 102400 LEVEL 17 RL 99200 LEVEL 16 RL 96000 LEVEL 15 RL 92800 LEVEL 14 RL 89600 LEVEL 13 RL 86400 LEVEL 12 RL 83200 LEVEL 11 RL 80000 TINTED GLAZING WITH CONCEALED LEVEL 10 RL 76800 WINDOW FRAMES 8 + 12 COLLINS STREET LEVEL 09 RL 73600 SHOWN DASHED LEVEL 08 RL 70400 FOR CLARITY LEVEL 07 RL 67200 PRECAST PARTY WALL LEVEL 06 RL 64000 LEVEL C9 RL 60020 LEVEL 05 RL 60800 LEVEL C8 RL 57270 LEVEL 04 RL 57600 LEVEL C7 RL 54945 LEVEL 03 RL 54400 LEVEL C6 RL 52195 LEVEL C5 RL 49870 WHITE FRITTED LEVEL 02 RL 50560 LEVEL C4 RL 47120 GLASS CANOPY LEVEL C3 RL 44795 TRANSITIONING LEVEL 01 RL 45520 LEVEL C2 RL 42045 TO CLEAR LEVEL C1 RL 39720 PATTERNED FINISH WHITE COATES OFF-FORM CONCRETE LANE SPRING STREET LEVEL 00 RL 32520

7459 SK_142 REV 4 85 SPRING STREET PLANNING 26/06/2014 MELBOURNE 1:750 @ A3 GROCON SOUTH ELEVATION 0 7.5 15 22.5 M Page 16 of 45

1 2 3 4 5 6 7 8 9 10

ROOF RL 196100

ALUMINIUM LOUVRES TO PLANT ROOM

LEVEL 43 RL 183000 LEVEL 42 RL 179500 LEVEL 41 RL 176300 LEVEL 40 RL 173100 LEVEL 39 RL 169900 LEVEL 38 RL 166700 LEVEL 37 RL 163500 LEVEL 36 RL 160300 LEVEL 35 RL 157100 LEVEL 34 RL 153900 CLEAR GLASS FRAMELESS LEVEL 33 RL 150700 BALUSTRADES LEVEL 32 RL 147500 LEVEL 31 RL 144300 LEVEL 30 RL 141100 450 DEEP ZINC COLOURED SPANDREL BANDS LEVEL 29 RL 137900 LEVEL 28 RL 134700 TINTED GLAZING + PRECAST LEVEL 27 RL 131500 PANEL INFILLS LEVEL 26 RL 128000 LEVEL 25 RL 124800 LEVEL 24 RL 121600 LEVEL 23 RL 118400 LEVEL 22 RL 115200 LEVEL 21 RL 112000 LEVEL 20 RL 108800 LEVEL 19 RL 105600 LEVEL 18 RL 102400 LEVEL 17 RL 99200 LEVEL 16 RL 96000 LEVEL 15 RL 92800 LEVEL 14 RL 89600 LEVEL 13 RL 86400 LEVEL 12 RL 83200 LEVEL 11 RL 80000 450 DEEP ZINC COLOURED SPANDREL BANDS + PRECAST LEVEL 10 RL 76800 PANEL INFILLS LEVEL 09 RL 73600 LEVEL 08 RL 70400 LEVEL 07 RL 67200 LEVEL 06 RL 64000 LEVEL 05 RL 60800 LEVEL C9 RL 60020 450 DEEP ZINC COLOURED LEVEL 04 RL 57600 LEVEL C8 RL 57270 SPANDREL BANDS WITH LEVEL 03 RL 54400 LEVEL C7 RL 54945 INFILL PERFORATED METAL LEVEL C6 RL 52195 PANELS LEVEL 02 RL 50560 LEVEL C5 RL 49870 ALUMINIUM FRAMED CLADDING LEVEL C4 RL 47120 WITH TINTED GLAZING INFILL LEVEL 01 RL 45520 LEVEL C3 RL 44795 ALUMINIUM CANOPY LEVEL C2 RL 42045 LEVEL C1 RL 39720 LITTLE COLLINS STREET CLEAR GLAZING TO CAR PARK LIFTS CLEAR GLAZING

12 COLLINS STREET 12 COLLINS LEVEL 00 RL 32520 LEVEL B1 RL 28520

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ROOF RL 196100

LEVEL 45 RL 190000 LEVEL 44 RL 186500 LEVEL 43 RL 183000 LEVEL 42 RL 179500 LEVEL 41 RL 176300 LEVEL 40 RL 173100 LEVEL 39 RL 169900 LEVEL 38 RL 166700 LEVEL 37 RL 163500 LEVEL 36 RL 160300 LEVEL 35 RL 157100 LEVEL 34 RL 153900 LEVEL 33 RL 150700 LEVEL 32 RL 147500 LEVEL 31 RL 144300 LEVEL 30 RL 141100 LEVEL 29 RL 137900 LEVEL 28 RL 134700 LEVEL 27 RL 131500 LEVEL 26 RL 128000 LEVEL 25 RL 124800 LEVEL 24 RL 121600 LEVEL 23 RL 118400 LEVEL 22 RL 115200 LEVEL 21 RL 112000 LEVEL 20 RL 108800 LEVEL 19 RL 105600 LEVEL 18 RL 102400 LEVEL 17 RL 99200 LEVEL 16 RL 96000 LEVEL 15 RL 92800 LEVEL 14 RL 89600 LEVEL 13 RL 86400 LEVEL 12 RL 83200 LEVEL 11 RL 80000 LEVEL 10 RL 76800 LEVEL 09 RL 73600 LEVEL 08 RL 70400 LEVEL 07 RL 67200 LEVEL 06 RL 64000 LEVEL 05 RL 60800 LEVEL C9 RL 60020 LEVEL 04 RL 57600 LEVEL C8 RL 57270 LEVEL 03 LEVEL C7 RL 54945 RL 54400 LEVEL C6 RL 52195 LITTLE COLLINS STREET LEVEL C5 RL 49870 LEVEL 02 RL 50560 B LEVEL C4 RL 47120 LEVEL C3 RL 44795 LEVEL 01 RL 45520 LEVEL C2 RL 42045 If PODIUM CANOPY CUBE LEVEL CI RL 39720 C| SPRING STREET STATION CONCOURSE D LEVEL 00 RL 32520 LEVEL Bt RL 28520 LEVEL B2 RL 26020 A L -I A SPRING STREET B D KEY PLAN 1 BED 2 BED 3 BED 4 BED APARTMENT APARTMENT APARTMENT APARTMENT BALCONY 7459 SK_120 REV 11 85 SPRING STREET PLANNING LEGEND 25/07/2014 DENTON MELBOURNE SERVICES/ 1:750® A3 CORKER GROCON SECTION AA CIRCULATION CORE CAR STACKERS RETAIL GYM / POOL PLANT AMENITIES o 74, MARSHALL Page 18 of 45

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! Ill BCA CLAUSE F4.2(b)(iii) FOR NATURAL LIGHT SETBACK: 50% of the square root of the exterior height of the wall In which the window is located, measured in metres from its sill.

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SECTION AA - PART SCALE 1:750

SPRING STREET

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DESIGN RESPONSE

Architectural Expression The building occupies the Spring Street frontage looking towards the gardens, with a return wing to the north. It has, therefore, two streets frontages – each visually separated from the other. Our architectural strategy is to treat the prime Spring Street frontage as a distinctive element ‘laid onto’ the body of the building which resides, more quietly, within the general mid / high-rise fabric of the city without drawing particular attention to itself. The Spring Street frontage element is 19 metres wide, 98 metres tall, 4.2 metres deep and cranked to prevent overshadowing of the Treasury Gardens. Setback 4.5 metres from the street frontage, it is an all-glass, light grey, singular form with concealed window framing and glass louvred winter gardens. It is a light, almost delicate ‘block’ of glass. At street level, the podium is maintained by another singular element, the Canopy Cube. It comprises frosted white glass transitioning to clear at its base, forming a semi enclosed volume set five metres above street level. This provides a street level presence and address to the building, as well as covered access to the underground station entrance.

Proposed development from Macarthur Street across Gordon Reserve

32 Page 20 of 45

DESIGN RESPONSE

The Little Collins Street frontage is treated as an individual building with volume and solidity complementing the adjacent developments including, the heritage Hotel Windsor facade within the streetscape. Visual solidity is achieved with and expressed- 450mm thick metal panel facade into which a ‘Mondrian’ pattern of glazed openings are cut out. A number of these have Juliet balconies with a simple sheet of glass balustrade, with sliding doors behind. Coloured in a dark charcoal, the frame provides a measure of shading and a strong and distinctive, contemporary, yet calm contribution to the streetscape.

Proposed development viewed from Little Collins Street

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DESIGN RESPONSE

The main body of the building is simply defined by a series of floor level zinc coloured metal plates, each 450mm deep. Glazing with clear or grey tinted windows, depending on solar requirements, and shades of grey frit glass panels and precast panels infill between each floor. Together with glass balustrades to inset balconies, the façade treatment gives a rich but quiet texture more as backdrop than feature. The internal balconies provide good amenity, via wind protection, while not becoming a dominant element on the facades. The combination of these elements creates a strong and memorable tower with simplicity and clarity and a powerful yet quiet expression.

Proposed development viewed from Collins Street

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DESIGN RESPONSE

Corner of Spring and Collins Street indicating glazed winter garden block to prime street front

35 Page 23 of 45

DESIGN RESPONSE

Parliament Station Entry The development provides a positive contribution to the public realm at the station entry by: - providing a canopy over the station entry steps for wind, rain and sun protection; - widening the footpath allowing more space at peak time; - providing a positive address to the station and - maintaining and improving pedestrian access through Ulster Lane to Little Collins Street; - activating the space with retail/apartment foyer. - providing visual connectivity by replacing the granite balustrade with a clear glazed balustrade

Parliament Station entry and forecourt under Canopy Cube

44 Page 24 of 45

DESIGN RESPONSE

27 LITTLE COLLINS STREET 25% VISION FRITTED GLASS Overlooking Analysis + Response Overlooking of adjacent residential and hotel development at PRECAST FACADE Alcaston House, 99 Spring Street and the Sheraton/ Melbournian PANELS apartments, is prevented via a series of measures. These include: - 75% Screen frit / 25% vision to bedroom windows, - 1.7 metre high glass opaque screens on the level 02 roof terraces, - projecting vertical louvres to the south western unit. The attached drawings set out the detailed response to each condition. Refer also to pages 36-38 of this report for facade details.

BLADE SCREENS RESTRICT VIEW

9000

LEGEND 25% VISION FRITTED GLASS SPANDREL GLASS 45% VIEWING ANGLE PRECAST FACADE PRECAST PANEL FACADE PANELS LEVEL 6-29 LITTLE COLLINS STREET

BLADE SCREENS 1 RESTRICT VIEW

SPRING STREET

KEY PLAN Plan of overlooking screening to Coates Lane facade on levels 05 - 30

45 Attachment 4 Page 25 of 45 Agenda item 6.5 Future Melbourne Committee 2 September 2014

PLANNING REPORT MINISTERIAL REFERRAL

Application number: TPM-2014-8

DTPLI Application number: 2014/000435 Applicant / Owner / Architect: Grocon Pty Ltd/ Kador Group Holdings P/L/ Denton Corker Marshall

Address: 85 Spring Street, MELBOURNE VIC 3000

Proposal: Demolition of existing building and development of the land for a multi storey building for the purpose of dwellings and ground floor retail

Date received by City of Melbourne: 14 February 2014. Amended application received 12 March 2014. Amended plans/response to DTPLI further information request received 27 June 2014. Amended application received 6 August

Responsible officer: Stephen Vecris Report Date: 28 July 2014 (DM# 8679156)

1. SUBJECT SITE AND SURROUNDS 1.1. The site The subject site is located on the west side of Spring Street between Collins and Little Collins Streets. The site is ‘L’ shaped. The front boundary of the site is approximately 15 metres west of Spring Street with the entry to Parliament Station occupying the setback area. The site also has a frontage to Little Collins Street. The west boundary of the site is to Coates Lane, which runs off Little Collins Street. A further two lanes adjoin the site – Ulster Lane to the north, which runs off Spring Street and a Private Lane (PL 5235) to the south, which also runs off Spring Street. At ground floor level the building is set back from its east boundary to 99 Spring Street. This setback area connects with Ulster Lane, creating a link from Spring Street to Little Collins Street. The site has a total area of 1241 square metres. The site is occupied by a multi-storey building which is currently vacant. The building has a two storey podium to Little Collins Street with the tower well set back. The building appears to have been constructed during the 1980s. The site is not affected by any easements or restrictive covenants. The title shows it has rights of carriageway over Ulster Lane and Little Collins Street.

1.2. Surrounds The main characteristics observed in the area include the following.

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North North of the east-west portion of the site (the Spring Street wing) is the ‘Treasury Gate’ building at 99 Spring Street. This is a brick building which appears to have been built during the 1970s. It is located on the south-west corner of Spring and Little Collins Streets. Ulster Lane runs between 99 Spring Street and the Spring Street wing. The west boundary of 99 Spring Street abuts the northern portion of the subject site (the Little Collins Street wing). Number 99 Spring Street has a podium and tower form. A six storey podium is built to all boundaries. Above this, a tower of 19 storeys is set back approximately 5500 mm from Spring Street and approximately 15 metres its west boundary, which abuts the subject site. The setback area from the west boundary is occupied by open space above podium level. The building is occupied by retail and office uses at the lower levels and apartments from level 5 (top floor of podium) to the top level of the tower. The building has windows to all elevations, including the south and west elevations, which face the subject site. To the north of that part of the subject site which faces Little Collins Street is 4 storey office building at 18-20 Little Collins Street. North-west of the subject site at 22 Little Collins Street is a 3 storey building occupied by the ‘City Centre Budget Hotel’ and a car park. North-east of the subject site, at 103 Spring Street is the Hotel Windsor. West West of the subject site, at 27 Little Collins Street is the recently completed ‘Sheraton Melbourne Hotel and Apartments’ building, separated from the subject site by Coates Lane. This building is constructed in a podium and tower form. It has a 3 storey podium built to the Little Collins Street frontage and a 29 storey tower above the podium. The tower has significant setbacks, from the north and south boundaries (front and rear), a small setback from the west and no setback from the east (Coates Lane). East East of the subject site, on the east side of Spring Street is Gordon Reserve, an area of public open space immediately south of an entry/exit point to Parliament Station. South To the south and south-east of the subject site, at 2-12 Collins Street are 4 buildings, each of which is of a high level of heritage significance. These are described below. South-east of the subject site, at 2 Collins Street (north-west corner of Spring and Collins Street) is Alcaston House. This building is immediately south of the entry to Parliament Station, separated from it by Private Lane 5235. Alcaston House is a 7 storey A graded building, constructed during the inter-war period. Occupiers of this building include offices. This building is also part residential – records refer to Apartment 5 at level 3 and apartment 1 at level 7. Plans endorsed by DPCD (DTPLI) in 1994 show an apartment at level 7, which includes a bedroom facing the subject site. It also appears that an apartment at level 3, faces both Spring Street and the subject site. There may be other apartments in this building. Further information regarding this is set out in the ‘Relevant History’ section below. South of the subject site, across Private Lane 5235 is Anzac House at 4 Collins Street. This was originally a 4 storey building. It has recently had a 2 storey rooftop extension added. It is an A graded building also built during the inter-war period. It has numerous windows facing the subject site. This building is occupied by the RSL. COMPASS, Pathway Administration and Rates records indicate that this building has no residential component. The land at 8 Collins Street is immediately south of the subject site and is occupied by ‘Portland House’. This is a B graded early Victorian building. It is 3 storeys in height. Occupiers include retail uses at ground floor level. Available records indicate that this building has no residential component.

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The land at 12 Collins Street is occupied by a 4 storey A graded building constructed during the inter-war period. Occupiers of this building include a number of consulting rooms. This building also has a residential component. According to records, there is an apartment at level 5. This building is set back a minimum of approximately 3100 mm metres from its north boundary and has numerous windows facing the subject site.

2. THE PROPOSAL The application was referred to the City of Melbourne for comment on 5 March 2014. On 17 March 2014, DTPLI sent a request for further information to the applicant. This letter also advised that a preliminary assessment had identified issues including: x The development proposes reconfiguration of the Parliament Station entry and widening of the footpath along Spring Street. These works are outside the site, require input from the City of Melbourne, Public Transport Victoria and Vic Track and their comments are essential to determining the application. x Recommend that alternative design solution be explored to activate the corner of Ulster Lane. x The purpose of tower setbacks is to achieve a range of positive outcomes. In this case the development proposed no setback from the south boundary resulting in an undesirable interface if the land to the south is redeveloped. Justification is required for this reduced setback and if possible, securing a light and air easement over the adjacent sites for the benefit of future residents of the proposed building should be explored. On 27 June 2014, amended plans were received in response to the letter from DTPLI and matters raised in response to internal referrals within the City of Melbourne. On 6 August 2014, the City of Melbourne received notice that the application had been amended and a further set of amended plans and waste reports was received. The submissions forming the subject of the following assessment are a combination of the information received on 27 June 2014 and 6 August 2014. It is proposed to construct a 46 storey building over two basement levels. The building is occupied by 303 apartments and ground level retail spaces. The building can be described as consisting of two wings – a Little Collins Street wing and a Spring Street wing. The application proposes the following uses:

Dwelling Total number of dwellings: 303 One bedroom dwellings/apartments: 71 Two bedroom dwellings/apartments: 174 Three or more bedroom dwellings/apartments: 58.

Retail (ground level) Two tenancies – one to Spring Street and one to Little Collins Street, with combined floor areas of approximately 130 square metres.

The specific details of the proposal are as follows:

Two basement levels Include bicycle and motorcycle parking and service

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areas including rubbish storage and substation. Ground floor Includes retail and foyer spaces off Spring Street, small retail area and lobby off Little Collins Street and car lifts and a loading dock off Coates Lane. The plans also show an extension to the width of the Spring Street footpath and a new balustrade surrounding the stairs leading down to Parliament Station.

In the section below ‘R’ refers to floor levels fronting Little Collins Street.

R 1 and R2 Apartments fronting Little Collins Street with car parking behind and void to Spring Street. R3 and first floor Apartment fronting Little Collins Street with car parking behind. Pool and gymnasium to Spring Street. R4 Apartment to Little Collins Street with car parking behind and void over pool and gymnasium to Spring Street. R5 and level 2 Apartment to Little Collins Street with car parking behind. Apartments, service areas and wine store to Spring Street. R6, R7 and levels 3 and 4 Apartment to Little Collins Street with car parking behind. Apartments, stores, kitchen and lounge to Spring Street. Level 5 Apartment to Little Collins Street with car parking behind and apartments to Spring Street. Levels 6-43 A mix of 1, 2 and 3 bedroom apartments and 1 x 4 bedroom apartment. Levels 44-45 Plant Building height 46 levels. Approximate heights: 150 metres to Little Collins Street. 163.58 metres to Spring Street. 169.58 metres to top of architectural feature. Front, side and rear To level 5, the building is largely constructed to the setbacks site boundaries. The main exceptions to this are at ground floor level and an indent on the south side of the site. At ground floor level, the building is set back from Coates Lane, to facilitate access to the car lifts. Also at ground floor level, the building is set back from its eastern boundary to 99 Spring Street. This setback connects to Ulster Lane to form a link between Spring and Little Collins Streets. North From ground floor to level 5 the building extends to the north (Little Collins Street) boundary. Above level 5, the building is set back 6560 mm from Little

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Collins Street. The north boundary of the Spring Street wing is to Ulster Lane. The building not set back from this boundary. South At ground and first floor levels, the building is largely built to the south boundary. At levels 2-5, a store room immediately east of the car lifts is set back 3.2 metres from the south boundary. At levels 6-43, apartments at the west end of the site are set back 5550 mm from the south boundary while the adjoining store rooms to the east are set back 3200 mm from the boundary. That part of the building adjacent to the private lane and extending 3 metres west of the private lane is built to the south boundary. East Above ground floor level the building extends beyond its eastern boundary, over the entry to Parliament Station. A glass cube, approximately 14 metres in height providing weather protection extends out from the east facade of the building over the entry to Parliament station and slightly beyond, over the Spring Street footpath. From levels 2-25, the east facade of the building extends 10918 mm beyond the title boundary resulting in a setback of approximately 3800 mm from Spring Street. At level 2 there are balconies within the setback area. From level 26 to the top of the building, the facade slopes away from Spring Street to a setback of approximately 24 metres from Spring Street at roof level. The east boundary of the Little Collins Street wing of the building is to 99 Spring Street. Above ground floor level, the building is constructed to this boundary. West From ground level to level 5, the building is built to the west boundary, except for a ground level setback from Coates Lane, to facilitate car access. From level 6-43 the building is in part set back approximately 800 mm from the west boundary and in part, 3500 mm from that boundary. From level 30 upward, these setback areas are partly occupied by balconies Gross floor area (GFA) 46,941 square metres Car parking spaces 247 car spaces within 9 car park levels accessed via car lifts from Coates Lane

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Bicycle facilities and 105 bicycle spaces within basement level 2 spaces Loading/unloading A loading dock/waste holding area is located off Coates Lane. Materials The proposal has adopted a contemporary design with largely glass facades, recessed balconies and precast panel infills. The east elevation abutting the boundary to 99 Spring Street has a concrete finish.

3. BACKGROUND 3.1. Pre-application discussions A pre-application meeting was held at DTPLI on 16 January 2014. This was attended by officers from the City of Melbourne, DTPLI and the applicant. Plans presented at this meeting include the follow features: x A building approximately 137 metres in height. x The building is not angled so as to slope away from Spring Street. x Six storeys in height to Little Collins Street. Above this level, the building is set back approximately 15 metres from Little Collins Street. Matters raised/issues at the pre-application meeting include: x Need to confirm that building will not overshadow adjoining park. x Internal amenity of apartments. x Issue with windows on south boundary of site. Applicant must provide additional information on the uses of all adjoining properties. Applicant is relying on buildings to the south having limited development potential. Concerns with interface between proposed building and residents of Collins Street buildings, as well as interface between proposed building and building at 27 Little Collins Street. Information is required to demonstrate that residents at 99 Spring Street will not be impacted upon. x Building height and scale were discussed in the context of planning controls and the lower scale buildings to the south. x Heritage context needs to be respected. x Will be difficult to achieve 5 star rating for south facing apartments. 3.2. Other Meetings On 4 March 2014, a meeting was held at the office of Public Transport Victoria (PTV). This was attended by numerous representatives of Grocon, DTPLI, PTV and a City of Melbourne officer. Matters discussed at this meeting include proposed alterations to the entry to Parliament Station. The current plans for the development do not include alterations to the station entry, other than a new balustrade around the station entry. On 30 June 2014, a City of Melbourne officer met with a DTPLI officer and the applicant regarding the amended plans received on 27 June 2014. Matters discussed at this meeting include: x Amended plans show no change to access to Parliament Station. x Extension to width of Spring Street footpath should be removed from application. x Applicant is investigating potential to obtain air rights over entry to Parliament Station.

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x Applicant is exploring the possibility of obtaining a light and air easement over the properties to the south. Outlook from these apartments also must be protected in relation to potential future development on land to south. x Interface with building at 27 Little Collins Street must be checked. x Applicant was asked to show layout and interface to open space area at 99 Spring Street. On 14 July 2014 a further meeting was held, attended by representatives of the applicant and Council officers to discuss matters relating to Waste, Traffic and Infrastructure. Matters discussed include: x Waste will be collected by private contractor as Council’s 8.8 m long vehicles will not be able access the site via Coates Lane. x Proposed widening of Spring Street footpath will not proceed. x Air rights are being obtained from Vic Track to allow building to extend into air space above entry to Parliament Station entry. 3.3 Relevant history A number of permits were issued during the 1970s and 1980s for office developments on the subject site. 27 Little Collins Street Planning Permit TP-2008-472 was issued on 5 September 2008 and allows construction of a 24 storey building to be occupied by land uses including serviced and residential apartments. Condition 1 of the permit requires the submission of amended plans for endorsement. These plans were not submitted. Plans on file show a 24 storey building. Features of this building include construction to the east boundary of the site and a largely glazed east facade. Planning Permit 2009/004749 was issued by the Minister on 29 July 2010 and allows demolition of the existing building and construction of a 32 storey building comprising retail premises and accommodation (residential hotel, serviced apartments and dwellings). The permit was subsequently amended and re-issued as 2009/004749A. Endorsed plans for this building show that levels 4-14 are occupied by a residential hotel and levels 15-31 are occupied by apartments. These levels are built to the east boundary of the site. This elevation is fully glazed above podium level. 99 Spring Street It appears that planning permits were issued for the existing building on this site in the late 1960s (Planning Permits 52027 and MCC 1660). Paper records of these permits are incomplete and do not include copies of permits or endorsed plans. However, a check of Pathway Administration records against subdivision plans for the building show that it is occupied by apartments at level 5 and above. 2-12 Collins Street A plan endorsed by DPCD (DTPLI) in 1994 shows an apartment at level 7 of 2 Collins Street includes bedroom windows facing the subject site. A subdivision plan held by Council shows an apartment at level 3 facing Spring Street and the subject site. As stated above, Pathway Administration records indicate that there is an apartment at level 5 of 12 Collins Street. Planning Permit CM 2943 issued in 1980 allows alterations to the building at 2 Collins Street. Uses approved under this permit include the use of levels 4 and above for flats. Endorsed plans show that the floor areas occupied by apartments includes the north end of the building, facing the subject site.

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4. PLANNING SCHEME PROVISIONS The following provisions of the Melbourne Planning Scheme apply:

State Planning Clause 11.01 - Activity Centres Policies Clause 15.01 - Urban Design Clause 15.02 - Sustainable Development Clause 16 - Housing Clause 17 - Business Clause 18.02 - Movement Networks

Municipal Clause 21.02 - Municipal Profile Strategic Clause 21.03 - Vision and Approach Statement Clause 21.04 - Settlement Clause 21.06 - Built Environment and Heritage Clause 21.08 - Economic development Clause 21.07 - Housing Clause 21.12 - Hoddle Grid

Local Planning Clause 22.01 - Urban design within the Capital City Zone Policies Clause 22.02 - Sunlight to Public Space Clause 22.19 - Energy Waste and Water Efficiency Clause 22.20 CBD Lanes Clause 22.23 – Stormwater Management (Water Sensitive Urban Design)

Statutory Controls Clause 37.04-1 Pursuant to this Clause a permit is required to carry out demolition and to construct a building or construct or carry out works Capital City Zone 1 Pursuant to this Clause a planning permit is not required to use the land for accommodation (other than Corrective institution) and a Retail premises (other than Adult sex bookshop, Department store, Hotel, Supermarket, and Tavern) Clause 43.02 Pursuant to Clause 43.02 a permit is required to carry out buildings and works Design and Development Overlay

Design and The Little Collins Street frontage of the site is subject to DDO 1. Development Overlay 1 (Area Objectives of this overlay relate to matters including ensuring ground 2) – Active Street floor frontages are pedestrian oriented and add interest and vitality to frontage city streets.

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Pursuant to this overlay, a permit is required to carry out buildings and works at ground floor level.

Design and The Spring Street frontage of the site is subject to this overlay. Development Overlay 3 –Traffic Objectives of this overlay relate to matters including minimising conflicts Conflict Frontage between pedestrians and vehicles on footpaths.

No permit is required for buildings or works under this overlay, other than those associated with the creation or alteration of a crossover or vehicle access way. No such works re proposed as part of the current application.

Parking Overlay Pursuant to Schedule 1 a permit is required to provide car parking 1 spaces in excess of the car parking rates in Clause 3.0 of this schedule. A permit is required to provide parking in excess of a rate of: x Residential = Max 1 car space per dwelling

x Retail = (Max 5 x net floor area of buildings on the site in m2)/1000m2

A maximum provision of 304 car spaces applies. The proposal includes 247 car spaces.

Particular Provisions Clause 52.06, A permit is required to: Car Parking 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. Provide some or all of the car parking spaces required under Clause 52.06-5 or in a schedule to the Parking Overlay on another site. Provide more than the maximum parking provision specified in a schedule to the Parking Overlay. A maximum provision of 304 car spaces applies. The proposal includes 247 car spaces. Clause 52.07, Pursuant to Clause 52.07 no building or works may be constructed for Loading and the manufacture, servicing, storage or sale of goods or materials unless Unloading of space is provided on the land for loading and unloading vehicles. Vehicles A permit may be granted to reduce or waive these requirements. The loading bay provided complies with the detailed requirements set out in Clause 52.07. Therefore, no permit is required under this clause. Clause 52.34, A permit may be granted to reduce or waive the bicycle parking Bicycle requirement. Facilities Pursuant to Clause 52.34, the proposed uses generate a requirement for 92 bicycle spaces – 61 for residents and 31 for visitors to apartments. 105 bicycle spaces are provided in basement level 2. The plans do not specify the proposed breakdown between resident/visitor spaces. Clause 52.35, Pursuant to Clause 52.35 an application for a residential development of Urban

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Context five or more storeys must be accompanied by an urban context report Report and and a design response. These have been provided Design Response for Residential Development of Four or More Storeys Clause 52.36, An application for an excess of 60 dwellings must be referred to PTV for Integrated comment. Public Transport DTPLI as the Responsible Authority is responsible for administering this Planning referral.

General Provisions Clause 61.01 – The Minister for Planning is the responsible authority for this planning Administration permit application as the total floor area of the development exceeds and enforcement 25,000 square metres. of this scheme

Clause 65 – Before deciding on an appkcation or approval of a plan, the responsible Approval of authority must consider the decision guidelines of Clause 65. an application or plan

5. PUBLIC NOTIFICATION The application has been referred to the City of Melbourne for comment. Pursuant to Clauses 37.04 (Schedule 1) and 43.02 (Schedule 1), this 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.

6. REFERRALS The application was referred to the following internal departments with comments summarised: 6.1 URBAN DESIGN The application was first referred to Urban Design on 11 March 2014 and comments were received in response on 27 March 2014. A number of concerns were raised. The amended plans received on 27 June 2014 were also referred to Urban Design for comment. Key points raised in the response are set out below. x Height and mass of proposed development will result in significant negative impacts on laneways, streets and amenity of existing residences. x Proposed tower requires appropriate building separation distances to allow for adequate daylight, ventilation and outlook to both existing and proposed apartments. Recommend minimum building separations of 20 metres. x Development does not include adequate setbacks to Parliament station entry in Spring Street which preserves the heritage street wall being read as the dominant form. The building is forward of the tower at 99 Spring Street. Proposal fails to

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address Little Collins Street and the three surrounding lanes. Recommend tower be set back at least 10 m from adjoining streets and lanes. x The majority of Coates Lane would be dominated by above ground car parking and services, rendering it inactive and a poor quality urban proposition that is contrary to City of Melbourne’s laneway policy. x The proposed tower would overshadow the Sir William John Clarke memorial located at the entrance to Treasury Gardens at 3pm at the equinox. Recommend that the proposed tower element is suitably setback and reduced in height to prevent overshadowing of this significant cultural asset.

x Due to the anticipated negative impacts as above, strongly recommend a significant reduction in the scale of the proposed development and the inclusion of appropriate setbacks.

x Recommend reconfiguring the proposed development to facilitate an active interface at Coates Lane by reducing the number of car entrances and above ground car parks, and the inclusion of additional active ground floor uses. We suggest consideration for the link to Ulster Lane continuing through from Coates Lane to ameliorate a blind and inactive corner which may facilitate ‘entrapment’ scenarios with consequential safety issues. x The existing built form along Spring Street presents as a strong and continuous street wall that faces Parliament House, Gordon Reserve and the Treasury Buildings. Whilst the proposed white ‘cube’ element is an improvement to the existing station entrance, it is not considered as a strong and integral component of the built form context. Any proposition should continue the street wall height by responding to the adjacent street wall of heights of 5 storey and 7 storeys. 6.2 ENGINEERING Traffic Comments were received on 8 April 2014 on the application as originally submitted. Further comments were received on 5 August 2014 relating to the plans and other information received on 27 June 2014. Key points raised are set out below. Bicycle Parking Bicycle spaces in basement, accessed by lift and stairs from loading dock area raise personal security issues which should be further considered. Access to bicycle parking should be safe and legible with as a minimum, a designated walkway area for cyclists. Bicycle access through loading bay must be appropriately managed. Car Park Layout and Access Insufficient information has been provided in relation to the type of car stacker to be used. Concerns raised regarding queuing for car stacker. Any delays in Coates Lane resulting from current proposal will also impact on loading activities and access associated with 27 Little Collins Street.

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Swept path diagrams show that a queued entering vehicle will block the path of an exiting vehicle. Design of Coates Lane needs to be reviewed in order to appropriately manage this, as well as the impact of current proposal on access to 27 Little Collins Street. In summary, Engineering Services has concerns about workability of proposed car parking arrangements. Loading, Waste Storage and Collection According to the Planning Report, the loading bay will be available for residents moving in and out as well as deliveries and waste collection vehicles. The area will need careful management to avoid congestion. Swept path diagrams provide inadequate clearance to adjacent building. Waste collection or delivery vehicles entering or exiting loading bay cannot do so if any other vehicles are queued in Coates Lane. Traffic Generation and Impact Traffic report slightly underestimates the number of trips likely to be generated by the proposal. Given that 3 car lifts are proposed, the proposal overall has sufficient capacity. Success of its operation will depend on how the lifts are integrated and managed, while ensuring no detrimental impact on other road users. Considerably more information is required in relation to the car parking system to be used. It is not acceptable to leave detailed design until after permit is issued as this could have a large impact on the development. Other Issues Motorcycle parking in basement is impractical as motorcycles would need to travel between floors in the goods lift. Do not support extension of Spring Street footpath. Waste Comments regarding waste matters were initially received as part of Traffic Engineering comments on 8 April 2014. Comments on amended plans received on 27 June 2014 were received on 18 July 2014. Key points in these comments include the following: x Waste collection vehicle entering or exiting loading bay cannot do so if there are any other vehicles queued in Coates Lane. In addition, the loading bay which will be used daily by numerous vehicles is only suitable for one vehicle. Further detailed comments were also provided. The advice concludes that the WMP does not comply with Council’s 2014 Waste Guidelines and that a revised WMP should be prepared, addressing the matters raised in the comments provided. The amended application received on 6 August 2014 includes amended waste management plans. Comments received from Waste Services in response to this information are summarised below. Waste management plans comply with Council’s 2014 Waste Guidelines however some changes are required to ground floor level and basement Level B1. Infrastructure

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Key matters raised in comments are set out below. x Proposal includes widening of Coates Lane carriageway to facilitate access to the site. The widened portion of the road shall remain the responsibility of the land owner in perpetuity. x The columns of the building are located along the edge of the widened portion of the road. The building structure may be affected due to contact with a vehicle. Recommend a Road Safety Audit be undertaken. The recommendations of the audit will reduce risk factors. Also recommend referring this matter to Municipal Building Surveyor for comment. A number of conditions and notes are provided, which should be included on any permit which may issue. Further advice was received on 1 August 2014 in relation to the proposed extension to the Spring Street footpath. This extension is not supported. The City of Melbourne is not planning to widen the Spring Street footpath between Collins and Little Collins Street. 6.3 LAND SURVEY Key points raised are set out below. Subject site has no legal rights of access or light and air over the land or private lane to the south. Any door or windows facing the south boundary must be removed or addressed by conditions to address the following: x Easements of way must be created over the abutting titles to the south of the subject site. Note – this comment was addressed in part by the amended plans which removed the openings abutting 8 and 12 Collins Street. However windows openings facing the private lane remain. Land Survey advice regarding this is that there are two options available to deal with these windows. Either a light and air easement should be created or a Section 173 agreement requiring removal of the windows if the adjoining sites are further developed should be entered into. x Section 173 agreement required for openings on boundaries. x Title for subject site does not have any legal rights to use Vic Track owned land between it and Spring Street for access and the proposed development occupies part of the Vic Track title. A condition has been provided to address this. A number of conditions are provided, which should be included on any permit which may issue. 6.4 BUILDING The plans originally received by Council were referred to Building for comment. Advice received in response raised a number of matters which are addressed under Building, rather than Planning controls. The advice also states that Report and Consent will be required in relation to building above a public facility (Parliament Station). The amended plans received on 27 June 2014 were referred to the Deputy Municipal Building Surveyor for comment. No response had been received at the time of writing this report. However, it is unlikely that the current plans raise any new issues which need to be addressed through the planning application process.

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Comments were also sought from Building in response to the recommendation from Engineering Services that advice from the Municipal Building Surveyor be sought in relation to the columns in Coates Lane. No response had been received at the time of writing this report. 6.5 URBAN LANDSCAPES Advice was sought from Urban Landscapes regarding the impact of the proposed development upon City of Melbourne trees. Key points raised in response are set out below. Proposal indicates the removal of a tree in Little Collins Street for the building entry and canopy and builds a substantial canopy on Spring Street that could impact on trees in Ulster Lane. Removal of trees for development is not supported. Removal of street trees can only be considered when all possible design solutions to retain the tree have been exhausted. If there is no option other than removal, trees must be reinstated. Provision of weather protection should not result in significant pruning or removal of trees or limit the provision of future street tree canopy. Weather protection should be designed so as to accommodate existing and future street trees. During all phases of work, Council trees and Exceptional trees must be protected in accordance with the City of Melbourne’s Tree Protection Policy. Detailed conditions addressing matters including the following have been provided: x Applicant to investigate the provision of an alternative canopy to Little Collins Street so as to allow retention of existing tree without significant pruning. If the tree cannot be retained, City of Melbourne to be compensated for the loss of the tree. 6.6 HERITAGE ADVISER As stated above, the buildings to the south of the subject site at 2-12 Collins Street are of high levels of heritage significance. Documentation submitted with the amended plans received on 27 June 2014 includes a report by Lovell Chen, Architects and Heritage Consultants. The purpose of this report is to address the implications of the statutory heritage controls on the potential for redevelopment of these four buildings. This report includes the following conclusions: x Alcaston House (2 Collins Street) has limited development potential. x For the other properties the extent to which the rear components can be demolished to accommodate new works varies but a clear opportunity exists for demolition of the rears of 8 and 12 Collins Street. There may also be opportunity for demolition and new works to the rear of Anzac House (4 Collins Street). x Setbacks to visible new development of 5-10 metres would likely be required. In terms of height, nearby examples of visible towers placed behind heritage buildings provide examples of what might be achievable. Advice from Council’s Heritage Adviser was provided in response to the Lovell Chen report. This includes the following: x Setback requirements and high level of significance of Alcaston House leave insufficient area for viable development. x The three buildings at 4-12 Collins Street are all heritage places where applications for rear mid-rise development would be seriously considered.

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The Heritage Adviser also provided comments on the relationship between the proposed development and the adjacent heritage buildings. This includes the following advice: x Applicant’s site context analysis and design response should be extended to address the relationship of proposed building to existing streetscape of Spring Street, between Collins and Bourke Streets, with particular regard to prevailing cornice height and architectural expression. x The development has the potential to substantially affect the visual appreciation of the adjacent heritage places and accordingly the general planning provisions relating to ensuring that development is appropriate to its context are relevant. 6.7 GIS – 3D ANALYST Council’s 3D Analyst has advised that the building will result in a small amount of overshadowing to the Treasury Gardens at 2 pm on 22 September. 6.8 COMMUNITY SAFETY AND WELLBEING Comments from Community Safety and Wellbeing includes the following: x Continuation of Ulster Lane though to the subject site to Coates Lane is a better alternative than the current link from Ulster Lane through to Little Collins Street. However, some form of access may need to be installed in Coates lane for pedestrian safety. This would improve natural surveillance. x Lack of natural surveillance into covered link between Ulster Lane and Little Collins Street is a concern. This provides opportunities for entrapment. 6.9 STRATEGIC PLANNING Advice received from Transport Planning includes the following: x Strongly support widening of Spring Street footpath. Note – as stated above, Engineering Services do not support this widening x Do not support provision of bicycle parking in Ulster Lane or use of hanging rails for bicycle parking. Note – these are features of the plans first submitted with the application. The current plans have addressed these matters.

7. ASSESSMENT The key issues in the consideration of this application are: x Design and built form including height and setbacks, the impact on development potential of adjoining properties, amenity of proposed dwellings and impact of development on amenity of existing dwellings. x Overshadowing. x Access to car park and loading area. x Wind. x ESD. x Street trees.

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7.1 Design and Built Form

Setbacks

The Local Policy for Urban Design in the Capital City Zone (Clause 22.01) recommends that towers be set back at least 10 metres from street frontages and that they be spaced to ensure equitable access to daylight and sunlight. Towers should be 24 metres from a similar tower-podium development. Separation may be reduced where it can be demonstrated that towers are offset, habitable room windows do not directly face one another and where consideration is given to the development potential of adjoining sites.

From levels 2-25 the east facade of the building is set back approximately 3800 mm from Spring Street. From level 26 to the top of the building, the facade slopes away from Spring Street to a setback of approximately 10 metres at level 33 and approximately 24 metres from Spring Street at roof level. The setbacks of levels 2-25 are well under the 10 metre standard set out in Clause 22.01. The 10 metre standard has not been rigidly applied in the past and each development is considered on its merits. Prior to allowing a lesser setback, relevant Planning Scheme objectives and policies must be considered. Among these is the objective of Clause 22.01 which seeks to improve the pedestrian experience. A setback of 3800 mm to level 25 will result in a building which will overwhelm the pedestrian and is visually intrusive and dominant from the Spring Street public realm. The extent of tower setback will result in the building appearing overly prominent and visually intrusive in relation to the adjoining 7 storey Alcaston House building.

To level 5, the building extends to the Little Collins Street boundary of the site. Above level 5 it is set back 6560 mm from Little Collins Street. This setback for a tower of this height will result in the building being visually dominant over Little Collins Street. It is noted that the tower of the Sheraton at 27 Little Collins Street is generally set back a significantly greater distance from Little Collins Street than the current proposal.

At levels 6-43, the west end of the tower is set back 5550 mm and 3200 mm from the south boundary. This represents approximately half the east-west length of the tower. The rest of the tower is built to the south boundary.

As set out above, there is potential for the rear components of the three buildings at 4-12 Collins Street to be developed as towers. This being the case the development of the subject site should respond to this potential by incorporating appropriate setbacks from these properties. The setbacks proposed are well under those set out in policy under Clause 22.01. Setbacks of 3200 mm and zero are inadequate. Appropriate setbacks from the south boundary are also necessary in order to protect the amenity of any existing north facing residential uses within these buildings. It is also noted that the application makes no provision for the possibility that south facing windows to the private lane could be built over if the adjoining properties to the south are further developed.

From level 6-43, the building is in part set back approximately 800 mm from the west boundary and in part, 3500 mm from that boundary. From level 30 upward, these setback areas are partly occupied by balconies.

Windows to residential accommodation within 27 Little Collins Street are separated from the subject site by the width of Coates Lane, which is approximately 4 metres. Therefore, proposed apartments are approximately 4800 mm and approximately 7500 mm from windows at 27 Little Collins Street. The plans seek to address this through the use of ‘25% vision fritted glass’ to windows facing 27 Little Collins Street and blades to direct views away from 27 Little Collins Street. The fritted glass is a form of privacy screening which minimises views through glazing. Clause 22.01 states that towers should be 24 m from similar tower-

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podium development. Separation distances of 4800 mm and 7500 mm combined with the type of glazing to be used will result in poor daylight, ventilation and outlook to both existing apartments at 27 Little Collins Street and proposed apartments at the subject site.

The amended plans received on 6 August 2014 include a section showing that pursuant to the Building Control Act (BCA), the separation between the two buildings should be not less than 3600 mm in order to provide adequate natural light. This is taken from level 15 at 27 Little Collins Street. This section also shows that the buildings are 4870 mm apart. Compliance with the BCA does not necessarily ensure a good standard of amenity to apartments. The Planning Scheme seeks separation between towers to achieve such benefits as outlook and sunlight between towers. The achievement of such objectives requires greater separation between towers than is required by the BCA in order to achieve adequate natural light. In addition, it is noted that pursuant to the BCA, a separation of more than 3600 mm is required for levels below level 15.

Within the Spring Street wing of the development, apartments are built to the Ulster Lane boundary. This results in a separation distance of approximately 4500 mm between proposed apartments and existing apartments at 99 Spring Street to approximately level 25. It is noted that the tower at 99 Spring Street does not extend as far west of Spring Street as the current proposal. Therefore, approximately 15 metres of the length of the Spring Street wing of the development does not face the 99 Spring Street tower. However, approximately 19 metres does. Glazing to face the 99 Spring Street tower is 25% vision fritted glass. As is the case in relation to the west boundary, this extent of separation will result in poor outlook, daylight and ventilation to apartments facing one another at both the subject site and 99 Spring Street.

The east side of the Little Collins Street wing is built to the west boundary of 99 Spring Street. That part of the 99 Spring Street site adjoining this wing is occupied by an area of open space at podium level. The construction of a tall tower immediately west of this open space will have a significant adverse impact on the amenity of this space, both through overshadowing and visual bulk.

Also relevant to the matter of setback is the fact that the proposed building has boundaries to three lanes (Ulster Lane, Coates Lane and the private lane to the south). The tower is built to the Ulster Lane and private lane frontages and has small setbacks from Coates Lane. Ulster Lane is identified as a Class 3 Lane under Clause 22.20 while the other two lanes are not graded. Policy set out under Clause 22.20 includes the maintenance and enhancement of the intimate environment of lanes by setting back higher tower forms from the predominant parapet height along the laneway to ensure a sense of openness that reinforces a human scale. The height of the tower and its lack of/minimal setbacks from the surrounding lanes will not ensure a sense of openness and human scale along the surrounding laneways.

Height

The site is not within a height control area. This being the case, the site context must be taken into consideration in determining whether the proposed height is appropriate. In this case, the context is mixed. In the immediate area, there are relatively tall buildings at 99 Spring Street and 27 Little Collins Street. However, these buildings are substantially lower than the current proposal. The immediate context also includes the much lower heritage buildings at 2-12 Collins Street. As stated above, policy set out under Clause 22.01 includes the statement that new buildings adjoining heritage buildings in a Heritage Overlay should have regard to various features of the heritage buildings, including height. The proposed height does not have regard to the heights of the buildings at 2-12 Collins Street. Its height is far greater than that of the heritage buildings.

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Amenity of Proposed Dwellings

As stated above, the amenity of many of the proposed dwellings will be compromised by the use of 25% vision fritted glass. This is to be provided where apartment windows are to be within several metres of windows to existing apartments at 99 Spring Street and 27 Little Collins Street. The use of this glass together with the minimal separation between proposed and existing apartments will rest in poor outlook, daylight and ventilation to a large number of apartments.

Inadequate setbacks from boundaries also raise potential concerns in relation to future amenity of some apartments. An apartment at each level has a bedroom window with a west facing window to a light court which may be adversely impacted on if the adjoining property at 8 Collins Street is further developed.

Elevations

Where adjoining buildings are within a Heritage Overlay, Clause 22.01 encourages the design of new buildings to have regard to the height, scale, rhythm and proportions of the heritage buildings. The Spring Street facade does not appear to have regard for or reference the facade of the heritage building at 2 Collins Street.

Objectives and policy set out under Clause 22.20 (CBD Lanes) include:

x Encouragement of activity, vitality and interaction between public lanes and adjacent private uses.

x Encourage new development to provide highly articulated and well detailed facades that create visual interest, particularly at lower levels.

At ground floor level to Coates Lane, the west elevation is dominated by car lifts and a loading dock. Multiple levels above this to a height of approximately 30 metres are dominated by cladding to the car park levels. This is contrary to both dot points above which seek the enhancement of lanes through both appropriate land uses and facade design.

Safety

Comments above from Urban Design and Community Safety and Wellbeing raise concerns about the safety of the link between Ulster Lane and Little Collins Street. It will result in a blind and inactive corner which may facilitate entrapment scenarios.

7.2 Overshadowing General policy under Clause 22.02 (Sunlight to Public Spaces) states that development should not cast additional shadows on public spaces including major pedestrian routes and public parks and gardens between 11 am and 2 pm on 22 September. Shadow diagrams submitted with the application show that at 11 am the building will cast a substantial shadow over Collins Street. However it appears that this is largely within shadows cast by existing buildings. At midday, the building will cast significant additional shadow over the south side of the Collins Street footpath. At 2 pm, it will cast significant additional shadow over Spring Street. The shadow diagram shows that at 2 pm, the shadow will not reach the Treasury Gardens. Council’s 3D Analyst has advised that the building will result in a small amount of overshadowing to the Treasury Gardens at 2 pm.

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The building is inconsistent with policy under Clause 22.02 set out above. 7.3 Parking, Traffic and Waste As set out above, concerns about the development have been raised in relation to Traffic matters. Among the most important of these is that of the potential for conflict between entering and exiting vehicles as well as impact upon loading and access associated with 27 Little Collins Street. 7.4 Wind A wind report by Mel Consultants forms part of the original application documentation. Follow up letters were received from Mel Consultants, referring to amended plans. These letters conclude that the amended plans do not require any additional analysis or testing as the plan changes are expected to make no significant difference to wind conditions, compared to the earlier plans. The wind report includes the following advice: x Without the use of street trees, pedestrian level wind conditions in streets surrounding subject site were either on or within the criterion for walking comfort for all wind directions, with one exception. The exception is for the north-west wind direction at the corner of Spring and Little Collins Streets for which wind conditions exceed criterion for walking comfort. However these conditions are the same as existing. x Wind conditions along Ulster Lane have been shown to be either on or within the criterion for long term stationary activities. The most recent letter from Mel Consultants refers to drawings dated 20 June 2014 whereas the current plans are dated 26 June 2014. No testing has been carried out for the private lane south of the subject site.

7.5 Environmentally Sustainable Development Clause 22.19 (Energy, Water and Waste Efficiency) requires that applications be accompanied by: x A Waste Management Plan. x An ESD Statement demonstrating how the development meets relevant policy objectives and requirements. For buildings over 2,000 square metres in gross floor area the Sustainable Design Statement must include a statement from a suitably qualified professional verifying that the building has the preliminary design potential to achieve the relevant Performance Measures set out in Clause 22.19-5. These include a 5 star rating under a current version of Green Star – Multi Unit Residential rating tool or equivalent for residential development with a gross floor area of more than 5,000 m2. With regard to water efficiency, retail premises with a floor area of up to 2,000 square metres should achieve 5 points for Wat-1 credit under a current version of the Green Building Council of Australia’s Green Star Retail rating tool or equivalent. An ESD report forms part of the application submission. It includes the advice set out below. x Residential component has the potential to achieve a 5 star rating. x Residential fixture selections will achieve 1 point for the WAT-1 credit. The report does address the matter of the water efficiency of the retail premises. After the application was originally lodged, Clause 22.23 Stormwater Management, Water Sensitive Urban Design) was added to the Scheme. This policy applies to a number of

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different types of applications, including applications for new buildings. Objectives of the policy include promoting the use of water sensitive urban design. Pursuant to Clause 22.23- 4, applications must be accompanied by a Water Sensitive Urban Design Response. A set of application requirements is set out under Clause 22.23-4. A letter regarding this was received as part of the information received on 27 June 2014. This letter does not appear to adequately address the application requirements. 7.6 Street Trees The removal of an existing street tree and tree pit in Little Collins Street to allow for a canopy which will not allow the planting of a tree in future is not supported. An alternative canopy which will allow retention of the tree should be investigated. If this cannot be achieved, the City of Melbourne should be compensated for the loss of the tree.

7.1. Conclusion The proposed development does not respond appropriately to relevant provisions of the Melbourne Planning Scheme, including Clause 22.01 (Urban Design within the Capital City Zone) as well as provisions relating to heritage matters. This is largely as a result of inadequate setbacks from all boundaries and excessive height. This leads to the conclusion that the proposal represents an overdevelopment of the site. The application also raises traffic concerns in relation to matters including the potential for conflict between entering and exiting vehicles as well as the impact on access to the adjoining building at 27 Little Collins Street. The changes to the development required in order to render it consistent with requirements of the Melbourne Planning Scheme are so significant that they cannot be addressed by conditions.

8. OFFICER RECOMMENDATION That a letter be sent to DTPLI advising that the City of Melbourne objects to the proposal on the following grounds: x The proposal by virtue of its height and inadequate setbacks represents an overdevelopment of the site. x The proposal by virtue of its inadequate setbacks will have an overbearing impact upon the public realm contrary to relevant provisions of the Melbourne Planning Scheme, including Cause 22.01. x The proposal does not adequately respond to the development potential of adjoining sites to the south. x The proposal will have adverse impacts upon the amenity of the adjoining lanes, contrary to Clause 22.20 of the Melbourne Planning Scheme. x The proposal by virtue of its inadequate setbacks will result in poor daylight, outlook and ventilation to existing and proposed apartments. x The height of the proposed development is excessive in relation to the heights of the adjoining heritage buildings to the south. x The inadequate setback of the tower from Spring Street will result in the building appearing overly prominent and visually intrusive in relation to the building at 2 Collins Street. x The proposed development is contrary to Clause 22.02 of the Melbourne Planning Scheme (Sunlight to Public Spaces).

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x The appearance and use of the car park levels to Coates Lane is contrary to Clause 22.20 of the Melbourne Planning Scheme. x Matters relating to car parking and access via Coates Lane have not been adequately resolved.

Stephen Vecris Senior Planning Officer