14 August 2014 AGENDA ITEM 3.4 Officer: Damian Dawson Statutory Planning Branch – Planning Division Department of Planning, Transport & Infrastructure TABLE OF CONTENTS PLANNING REPORT PAGES AGENDA REPORT 2-11 DEVELOPMENT PLAN PROVISIONS 12-28 ATTACHMENTS LOCALITY MAP & SITE PHOTOS 28-34 ZONE MAPS AND CONCEPT PLAN 35-45 APPLICATION DOCUMENTS & PLANS 46-143 AGENCY REPORTS 144-149 COUNCIL COMMENTS 150-152 REPRESENTATION 153 Page | 1 14 August 2014 AGENDA ITEM: 3.4 Application No: 040/0952/13 KNET Reference: 8784282 Applicant: Fishermans Wharf Markets Pty Ltd Proposal: Construction of a five level building for tourist accommodation Subject Land: Lot 106 in DP 50895 Nelson Street, Port Adelaide Relevant Authority: DAC Role of the Commission: Schedule 10 – 5. Port Centre Zone Zone / Policy Area: Regional Centre Zone – McLaren’s Wharf Policy Area 44 Categorisation: Merit Notification: Category 2 Representations: One in favour of the proposal Lodgement Date: 8 May, 2013 Council: Port Adelaide Enfield Council Development Plan: Port Adelaide Enfield Council – 15 November 2012 Referral Agencies: State Heritage Unit – DEWNR, Coast Protection Board, Transport Services - DPTI Officers Report: Damian Dawson Recommendation: Refusal PLANNING REPORT 1. PROPOSAL The applicant seeks to construct a five level tourist accommodation facility upon the current open lot car park adjacent the Fisherman’s Wharf Markets in Port Adelaide. The proposed facility will consist of: 61 serviced apartments 43 car parks within a reconfiguration of the existing open lot car park Reception, foyer and managers office on the ground floor adjacent the entrance of the building Conference room and outdoor deck/BBQ area Guest’s Gym A range of external materials and finishes including concrete block, painted render, aluminium sunshades, colorbond roofing and aluminium window frames The proposed building will have a maximum height of 16.7 metres to the roof parapet. The finished floor level of the ground floor is set at 3.95AHD which would result in it being raised approximately 750mm to 1.65 metres above the existing site level at the northern and southern ends of the building respectively. The proposed building will be built to the northern and north western boundary of the site adjacent to the wharf, Nelson Street and the Birkenhead Bridge. A new single width crossover is proposed with a left turn out only onto Nelson Street, adjacent to the south western corner of the building. Application details are contained in the ATTACHMENTS. Page | 2 14 August 2014 2. DEVELOPMENT PLAN POLICY SUMMARY The subject land is located within the McLaren’s Wharf Policy Area 44 of the Regional Centre Zone within the Port Adelaide Enfield Council Development Plan. The Regional Centre Zone is the primary focus for business and commercial services for the region. An increase in residential population and tourism, cultural and recreational uses is sought alongside and integrated with the commercial elements within the zone. The redevelopment of vacant and underutilised sites is desired, along with an overall increase in development and activity within the centre. The provisions seek an integrated and thoughtful approach to development within the zone, with a focus on pedestrian connectivity and amenity as well as a reinforcement of the unique character and history of the Port. Given the current under-developed nature of the centre a number of concept plans have been produced to guide development within the area. The subject land is shown within the McLaren’s Wharf Concept Plan PAdE/37. The concept plan designates a 4 storey height limit for the site and shows the Inner Harbour Ring Route/Public Promenade along the northern boundary, and a portion of the north west boundary, of the site adjacent the wharf. The McLaren Wharf Policy Area and Regional Centre Zone provisions have a strong focus on new development having a scale, bulk, form, detailing and materials and finishes that reflect and enforce the maritime and industrial character and heritage of the Port. The State Heritage Area adjoins the site to the south on the southern side of Robe and Nile Street. Development adjoining the waterfront, public spaces and promenades such as the subject land should provide active land uses at ground floor level as well as interest, surveillance and shelter. 3. DESCRIPTION OF THE SITE AND LOCALITY The subject land is located adjacent to McLaren’s Wharf, Port Adelaide, and is described as follows: Lot No Street Suburb Hundred CT Reference Lot 106 in DP 50895 Nelson Street Port Adelaide Port Adelaide 5585/354 The subject land consists of the Fisherman’s Wharf Markets and associated open lot car park and is bounded by the Port River to the north, the Port Adelaide Lighthouse to the east, Nelson Street to the west and North Parade, Robe and Nile Streets to the south. The proposal seeks to develop the western end of the subject land – the subject site – located between Nelson Street and the western end of the Fisherman’s Wharf building, Shed 1. The subject site is currently used as an open lot public car park. Additional site photographs are contained in the ATTACHMENTS. Page | 3 14 August 2014 Subject site Figure 1: Subject site and locality Figure 2: Subject site Page | 4 14 August 2014 Figure 3: Subject site with Fisherman’s Wharf Market Shed 1 in the background Figure 4: Existing promenade along the front of the subject site, looking east Page | 5 14 August 2014 4. AGENCY COMMENTS State Heritage Unit The proposal was referred to the State Heritage Unit of DEWNR for comment on behalf of the Minister for Sustainability, Environment and Conservation on account of the subject site being located adjacent to a State Heritage Area and to the State Heritage listed Birkenhead Bridge. In summary the Minister’s delegate has reviewed the proposal and concluded that the proposal would: have little impact on the heritage values of the State Heritage Area; not have a significant impact upon the limited views available of the Birkenhead Bridge from the south; have a significant impact upon the views and setting of the bridge when viewed from locations along and on the river as well as from the bridge itself; The impact upon the visual context of the bridge was considered to be a result of the following: The height of the proposed development is out of scale with Wharf Shed 1 (which is the major built form component of the bridge’s immediate visual context), and with other existing built form in the vicinity of the bridge. The form, massing, architectural design, materials, colours and finishes of the proposed development do not demonstrate sufficient responsiveness to the visual context of the State heritage place or to the prevalent built form character of Port Adelaide. The Minister’s delegate has recommended that the application in its current form should not be granted consent. The State Heritage Unit comments are contained in the ATTACHMENTS. Transport Services Division The proposal was forwarded to the Transport Services Division (TSD) of DPTI for comment on behalf of the Minister for Transport due to there being a new exit proposed to Nelson Street, a State controlled arterial road. TSD have indicated that they are supportive of the proposed exit point. The TSD comments are contained in the ATTACHMENTS. Coastal Protection Board The proposal was referred to the Coastal Protection Board on account of its proximity to the Port River. No comment has been received from the Board within the statutory time limit. 5. DPLG Comments Government Architect The proposal does not trigger any requirement for a statutory referral to the Government Architect. The application was lodged in May 2013, at which time is was received as a fully detailed and designed proposal. No informal referral was undertaken to the Government Architect given that Page | 6 14 August 2014 the design development stage had already been completed. The Government Architect has previously indicated that the design stage of the process is where he may be willing to be informally involved, rather than providing purely a critique of the proposal once it is lodged. An element of urban design and contextual advice has been provided by both the State Heritage Unit and Council’s Heritage Advisor discussed above and below. 6. COUNCIL COMMENTS Council provided the following comments in regards to the proposed tourist accommodation: Road and Stormwater: Council will require stormwater management plans for the proposed development with site levels and stormwater management and drainage details. This can form a condition on any planning consent. The Amended Site Plan for 952/13 dated 22/5/2014 by Hardy Milazzo shows that there is a transformer that partly lies within council’s land. Council asks that the transformer be re-located such that its entirety is located within the proposed development site. Amended plans are required to show this. The Amended Site Plan for 952/13 dated 22/5/2014 by Hardy Milazzo also shows that there is what appears to be a balcony that overhangs onto the stormwater easement marked J. Details such as height, dimensions etc of the balcony are required to ensure that it does not impair any future required stormwater works by the council. Traffic: The plan shows bike racks obstructing access between the disabled carparks and the ramp. Built Form: It is considered that the design of the building depicted in the amended elevations for 952/13 dated 22/5/2014, has less articulation and visual interest than the superseded elevations. Council will however defer to the comments provided by Heritage SA’s architectural advisor in relation to this. Additional comment was provided by Council’s Heritage Advisor in relation to the design and appearance of the proposal and the contextual relationship with the established character and heritage of the locality.