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Expert Witness Statement for Dustday Pty Ltd by Robert Milner

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Expert Witness Statement for Dustday Pty Ltd by Robert Milner AMENDMENT C207 - MELBOURNE PLANNING SCHEME IMPLEMENTATION OF THE ARDEN - MACAU LAY HERITAGE REVIEW 85-89 SUTTON STREET, NORTH MELBOURNE EXPERT PLANNING EVIDENCE Prepared by Robert Milner Dip T&CP, LFPIA, FVPELA On Behalf of Dustday Pty Ltd November 2013 10 CONSULTING GROUP @ 10 Consulting Group Pty Ltd The information contained in this document is intended solely for the use of the client identified on the report cover for the purpose for which it has been prepared and no representation is made or is to be implied as being made to any third party. Other than for the exclusive use of our client, no part of this report may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior written permission of 10 Consulting Group Pty Ltd • • ••• 10 CONSULTING GROUP Contents 1 EXPERT WITNESS STATEMENT 1 2 OVERVIEW 5 3 SUBJECT SITE 8 3.1 LOCATION AND SITE DETAILS 8 3.2 LOCALITY 11 3.3 STRATEGIC AND SITE CONTEXT 13 3.4 ZONING AND OVERLAY CONTROLS 14 4 PROPOSED HERITAGE CONTROLS 16 4.1 AMENDMENT C207 16 4.2 APPLICATION TO THE SITE 16 4.3 64-90 SUTTON STREET, NORTH MELBOURNE 17 4.4 STATUTORY IMPLICATIONS 18 5 STRATEGIC CONTEXT 20 5.1 MUNICIPAL STRATEGIC STATEMENT 20 5.2 ARDEN MACAULAY STRUCTURE PLAN 21 5.3 AMENDMENT C190 23 5.3.1 STATUS 23 5.3.2 PROPOSED CONTROLS 24 5.3.3 MIXED USE ZONE 24 5.3.4 DESIGN AND DEVELOPMENT OVERLAY 60 25 6 RESPONSE TO BRIEF 28 6.1 THE IMPACT OF A HERITAGE CONTROL OVER THE WHOLE BUILDING 28 6.1.1 THE POTENTIAL OF COMPREHENSIVE REDEVELOPMENT 28 6.1.2 RETENTION OF THE WHOLE BUILDING 29 6.2 RETENTION OF THE 4 NORTHERN BAYS 30 6.3 THE IMPLICATIONS OF DIFFERENT DEGREES OF CONTROL 30 7 CONCLUSIONS 31 ATTACHMENTS ATTACHMENT 1 CURRICULUM VITAE ATTACHMENT 2 PROPERTIES AFFECTED BY AMENDMENT C207 ATTACHMENT 3 CLAUSE 43.01 HERITAGE OVERLAY Macintosh HD:Users:Natasha:Dropbox:Take 10:10CG:30000 - Projects:30423 - Melbourne C207 Sutton St: 10 - Final products:Expert Evidence 131 110 FINAL .docx • • • • 10 CONSULTING GROUP ATTACHMENT 4 PROPOSED HO SCHEDULE 1118 ATTACHMENT 5 STATEMENT OF SIGNIFICANCE ATTACHMENT 6 CL 22.05 HERITAGE PLACES OUTSIDE THE CCZ ATTACHMENT 7 GROWTH AREA FRAMEWORK PLAN & ARDEN-MACAULEY ATTACHMENT 8 PLANNING PANELS ADJOURNMENT OF C190 HEARING ATTACHMENT 9 MIXED USE ZONE (C190 MAP AND CLAUSE PROVISIONS1 ATTACHMENT 10 DDO 60 (C190 MAP AND CLAUSE PROVISIONS) Macintosh HD:Users:Natasha:Dropbox:Take 10:10CG:30000 - Projects:30423 - Melbourne C207 Sutton St:I0 - Final products:Expert Evidence 131110 FINAL .docx J • • • .41. 10 CONSULTING GROUP • • • • 85 — 89 Sutton Street, North Melbourne Planning Expert Evidence to Melbourne C207 Panel 1 Expert Witness Statement The name and address of the expert Robert Milner, Director of 10 Consulting Group Pty Ltd, 3/2 Yarra Street, South Melbourne, Victoria, 3205. The expert's qualifications and experience Robert Milner holds an Honours Diploma in Town and Country Planning from Liverpool Polytechnic. He is a Life Fellow of the Planning Institute of Australia and a Fellow of the Victorian Planning and Environmental Law Association. A Curriculum Vitae is included at Attachment 1. The expert's area of expertise to make this report Robert has a broad range of expertise in planning and development matters enabling him to comment on a wide spectrum of urban and rural, statutory and strategic planning issues and processes. Other significant contributors to the report Natasha Liddell has contributed to the preparation of this report. Natasha holds a Masters degree in Social Science (Environment and Planning) from RMIT, Melbourne. She is a Corporate Member of the Planning Institute of Australia. Instructions that define the scope of this report Robert Milner has been briefed in this matter by SBA Law and has been requested to consider and give an opinion to the following: In the event that the proposed heritage controls are imposed on the whole of the building on the Property, what negative impacts would this have on the ability of the Property to be developed and used in such a way as to realise the development goals and other objectives of the Arden-Macauley Structure Plan 2012? In the event that the proposed heritage controls are imposed, but only in relation to the northern most four bays of the building on the Property, how does your answer to the question in (i) above differ? To the extent that negative impacts are identified in (i) and (ii) above, in what manner and to what extent will each degree of control limit the ability of the Property to be so developed and used? The identity of a person who carried out tests or experiments upon which the expert has relied on an the qualifications of that person Not applicable. Expert Evidence 131110 FINAL .docx 1 • • ••• 10 CONSULTING GROUP • ••• • 85 — 89 Sutton Street, North Melbourne Planning Expert Evidence to Melbourne C207 Panel The facts, matters and all assumptions upon which this report proceeds Each of these is made explicit, where relevant, in the body of this evidence. Robert Milner has inspected the site and its environs as part of the consideration and preparation of this report Documents and other materials the expert has been instructed to consider or take into account in preparing his report, and the literature or other material used in making the report The material referred to below, has assisted in forming the basis of this report: • Letter from City of Melbourne to Dustday dated 1 May 2013; • Melbourne Planning Scheme Amendment C207 Explanatory Report; • Arden Macaulay Structure Plan 2012; • Arden Macaulay Heritage Review February 2012 — Statements of Significance (pg. 87); • Arden-Macaulay Heritage Review, Consultants Report 2012 (pg. 530-538 inclusive); • Letter from Dustday to City of Melbourne dated 19 June 2013; • Heritage Appraisal prepared by Lovell Chen dated August 2013; • Title Search of the Property and Plan of Subdivision; • Planning Certificate for the Property; • Planning property report and current planning controls; • Relevant sections of the Melbourne Planning Scheme Local Planning Policy Framework; • Exhibition documents for Amendment C190 to the Melbourne Planning Scheme and associated information available on the City of Melbourne web page; • Correspondence from Planning Panels to Submitters regarding Amendment CI 90 to the Melbourne Planning Scheme; and • Exhibition documents for Amendment C207 to the Melbourne Planning Scheme and associated information available on the City of Melbourne web page. The report has also been informed by a site visit, undertaken on the 7 th of November, 2013. A summary of the opinion or the opinions of the expert A summary of Robert Milner's opinions are provided within the body of the report. Any provisions or opinions that are not fully researched for any reason Not applicable. Questions falling outside the expert's expertise and completeness of the report Robert Milner has not been instructed to answer any questions falling outside his area of expertise. The following report is complete. Expert Evidence 131110 FINAL .docx 2 7 •• • • % 10 CONSULTING GROUP •0 • 85 — 89 Sutton Street, North Melbourne Planning Expert Evidence to Melbourne C207 Panel Expert declaration I have made all inquiries that I believe are desirable and appropriate and no matters of significance which I regard as relevant have to my knowledge been withheld from the Panel. Robert Milner November 2013 Expert Evidence 131110 FrNAL .docx • • •••.0. 10 CONSULTING GROUP 85 —89 Sutton Street, North Melbourne Planning Expert Evidence to Melbourne C207 Panel Expert Evidence 131110 FINAL .docx 4 • • G e •••e 10 CONSULTING GROUP 85 —89 Sutton Street, North Melbourne Planning Expert Evidence to Melbourne C207 Panel 2 Overview This evidence addresses the land use and development implications of a Heritage Overlay proposed to be applied to a six storey, former wool store and warehouse, now substantially underutilised and in disrepair, which is located in Sutton Street, North Melbourne, in a locality increasingly referenced as Macaulay, the name given to the station located in close proximity. The locality of the site was historically part of the industrial heartland of the city. Despite the proximity of the docks, freeway network and the CAD, many of the uses that were the economy and vitality of the area have either ceased or moved to locations offering greater space, enhanced access, custom designed buildings and infrastructure commensurate with the expectations of commercial and industrial activity in the 21st century. A number of buildings of that earlier era remain. They offer constraints on functionality and effective reuse as well as diverse condition, which in some cases amounts to serious disrepair. Some buildings have been adapted and modified to serve a range of transitional, smaller uses but there is also clear evidence of neglect, waste, inefficient use, vacancy and vandalism. It is with justifiable reason that the recently gazetted comprehensively reviewed Municipal Strategic Statement for the City of Melbourne has drawn attention to these, among other, issues facing the Arden — Macaulay locality and included these neighborhoods, among a select number of areas in a proposed major urban renewal area. The urban renewal areas are locations where the future growth in the city will be primarily directed and delivered in order that the value and stability associated with other established parts of the city can be maintained. The urban renewal areas will be areas of substantial change in role, land use and the form of development. The nature of that change is to be directed by structure plans. A structure plan has been prepared and exhibited for Arden — Macaulay and is to be the subject of Panel Review, an event that would have occurred had the second stage of the East West Link not been announced, impacting on land to the immediate west of the subject site and City Link.
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