Melbourne Planning Scheme Amendment C96: West Melbourne Built Form Review
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Page 1 of 50 PLANNING AND ENVIRONMENT Agenda Item 5.7 COMMITTEE REPORT 6 September 2005 MELBOURNE PLANNING SCHEME AMENDMENT C96: WEST MELBOURNE BUILT FORM REVIEW Division Sustainability & Innovation Presenter John Noonan, Group Manager Sustainable Regulatory Services Purpose 1. To report the outcomes of the public exhibition of Melbourne Planning Scheme Amendment C96 and to request the Committee consider the submissions and refer the Amendment to a Panel Hearing. Recommendation 2. That the Planning and Environment Committee: 2.1. consider the submissions and support changes to the Amendment as set out in Attachment 3; 2.2. request that the Minister for Planning appoint an Independent Panel to consider the submissions to Melbourne Planning Scheme Amendment C96; and 2.3. endorse the response to submissions discussed in the body of the report and as shown in Attachment 2 to this report as the basis for Council’s submission to the Panel. Key Issues 3. This Amendment proposes a series of height controls across Mixed Use Zoned areas of West Melbourne following the recommendations of the “West Melbourne Structure Plan – April 2005”. The Amendment as exhibited is in Attachment 1. 4. The recommended heights seek to achieve the following Structure Plan objective: “To achieve a building height and built form that responds to traditional character of the central parts of the area and to the low rise heritage qualities of Errol Street and North Melbourne to the north, whilst recognising the pressure for change that existing on the southern edges of the area close to central Melbourne and Docklands.” 5. The heights are being introduced via the extension of existing, and the creation of new Design and Development Overlays (DDO). The areas affected by the DDO’s are shown on the maps at Attachment 1. Details of the controls proposed within the exhibited Amendment are as follows: 5.1. CBD Fringe Area (change to existing DDO33 area) 5.1.1. amend the existing control to exclude the ‘St James Old Cathedral Area – DDO56’; and Page 2 of 50 5.1.2. introduce a mandatory 40m height control over the remaining area. 5.2. St James Old Cathedral Area (new control DDO56) 5.2.1. introduce a mandatory 16m height control. 5.3. Laurens Street Area (extension of existing DDO28 area) 5.3.1. introduce a discretionary 5 storey height control over this area, which is not currently subject to a height control. 5.4. Munster Terrace Area (extension of existing DDO32 area) 5.4.1. introduce a mandatory 14m height control over this area, which is not currently subject to a height control. 5.5. General Planning Scheme Changes for the West Melbourne Mixed Use Zone 5.5.1. remove all existing DDO height controls from roads within West Melbourne. 6. This report recommends that the Council proceed to a Panel hearing based on the exhibited Amendment, but amended to incorporate the changes discussed in this report and shown in Attachment 3. 7. On receipt of the Panel report, Amendment C96 will be reported back to the Committee for further consideration, at whic h time the Council may adopt, modify or abandon the Amendment. Submissions 8. Submissions were received from seven (7) parties, the North and West Melbourne Association, representatives for Australia Post and Shell Australia, the Department of Sustainability and Environment (DSE), Vic Roads and an individual property owner. A summary and response to submissions are in Attachment 2. Discussion Proposed 16m Mandatory Height Control – DDO56 9. The proposed 16m mandatory height control DDO56, St James Old Cathedral area, is proposed to apply to the block bounded by King, Dudley, Spencer and Batman Streets, West Melbourne. 10. The land contained within DDO56 was originally recommended by Council officers to be included with the new DDO33 mandatory 40m control, following the recommendations of the “Draft West Melbourne Structure Plan – May 2004”. During discussion at the November 2004 meeting of the Pla nning and Environment Committee, the Committee identified the following issues affecting the St James Old Cathedral area: the role of Dudley Street as an entry point into the City; impact of development on St James Old Cathedral; and, retaining vie ws from Flagstaff Gardens by keeping the northern side of Batman Street low. The DDO56 mandatory 16m control was proposed as a result of discussion. 11. Submissions from DSE and Contour Consultants, on behalf of Shell Company of Australia Ltd (404 Spencer Street), question the extent of the DDO56 control, specifically over the land fronting Spencer Street. 2 Page 3 of 50 12. The submission from DSE suggests that the two properties within DDO56 which face Spencer Street should be included within DDO33. This is suggested by the DSE as: “the principal differences in the design objectives for DDO56 from those of the surrounding exhibited DDO33 relate to maintaining the visual prominence and setting of St James Old Cathedral, maintaining views to significant landmark buildings and the lower scale building height”. This can continue to be achieved if 404 and 420 Spencer Street are included within DDO33. 13. It is recommended that the sites at 404 and 420 Spencer Street be included within the DDO33 40m mandatory height control. This recommended change is based on the fact that, due to the distance that these sites are from both the St James Old Cathedral and the Flagstaff Gardens, the principal objective of this control will still be met. Further, given the nature of and location of this part of Spencer Street, the 40m height control should apply on both sides of the street, up to Dudley Street. It is noted that this 40m height control was recommended for these sites within the Draft West Melbourne Structure Plan and supported by Council officers. Extension of DDO28 over the Laurens Street Area 14. The Laurens Street Area consists of two (2) street blocks bounded by Miller, Dryburgh, Anderson and Victoria Streets and the two (2) southern most properties within the block bounded by Queensberry, Miller and Laurens Street and Munster Terrace. The DDO28 control currently surrounds the North Melbourne Train Station and is a discretionary 5 storey height limit. 15. The inclusion of the Laurens Street Area within DDO28 follows the recommendations of the West Melbourne Structure Plan. The extension of the DDO28 boundary of this area seeks to “recognise the approval of a 5 storey development at Anderson Street and the wide street pattern”. 16. The submission from the North and West Melbourne Association (NWMA) opposes the inclusion of the Laurens Street Area within DDO28 and suggests that it would be better included within DDO29, (discretionary 4 storey control covering the majority of West Melbourne). The DSE’s submission supports the extension of DDO28 over the Laurens Street Area. 17. There is strong planning policy support for higher density development adjacent to railway stations and while it is recognised that the Dynon Road overpass exists between the Area and the remainder of DDO28, the Area is within close proximity to the railway station and consists of a number of industrial sites which have re-development potential. It is further noted that the inclusion of the Area within DDO28 was endorsed by the Planning and Environment Committee during March 2005 which directed the Amendment proceed to public exhibition. 18. It is recommended that the Laurens Street Area remain within the extension of DDO28, as recommended by the West Melbourne Structure Plan and supported by DSE. 3 Page 4 of 50 Mandatory Height Controls 19. The submissions from DSE and Jewell Partnership Pty Ltd on behalf of Australia Post, question the need to introduce height controls of a mandatory nature. 20. The issue of mandatory verses discretionary height controls within the Design and Development Overlay was addressed within the Panel report for Amendment C20. The Panel considered that: “the basic principal should be that the provisions of the Design and Development Overlay in Clause 43.02 contemplate a discretion and this discretion should be retained unless there are very good reasons for removing it”. 21. In the case of this Amendment it was considered that there are ‘very good reasons’ to proposed mandatory controls. These reasons are as follows: 21.1. to ensure a clear transition between the Central City and West Melbourne, consistent with Councils existing and proposed MSS; 21.2. to encourage re-use of existing buildings within the area which contribute to the streetscape and sense of place; 21.3. the DDO56 and DDO33 areas of West Melbourne are not relied upon by Council’s MSS to accommodate significant population growth; and 21.4. to assist in managing land values and controlling the impetus to redevelop or convert to higher order uses such as residential, which will help to encourage the retention of a mix of uses. 22. Therefore, it is recommended that no change be made to the Amendment. Detailed Issues within the Australia Post Submission 23. The submission made on behalf of Australia Post refers to a property at 224 Dudley Street, West Melbourne. The site is not included within land affected the Amendment; however it is opposite the proposed DDO33 area. The site is currently contained within DDO29, 4 storey discretionary height control and this is not proposed to change. 24. The submission is essentially concerned with the impact that the proposed mandatory 40m height control of DDO33 will have on any future development of 224 Dudley Street, West Melbourne and raises general issues with regards to the strategic justification of the Amendment. The issues raised are detailed in Attachment 2 and the strategic justification for the amendment is contained within the Explanatory Report included in Attachment 1. 25.