40 UPPER HEIDELBERG ROAD, IVANHOE PLANNING REPORT

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1 40 UPPER HEIDELBERG ROAD, IVANHOE PLANNING REPORT REVISION 2 - APRIL 2017 PREPARED FOR S&G 40 UPPER HEIDELBERG ROAD (IVANHOE) PTY LTD

2 STAFF RESPONSIBLE FOR THIS REPORT WERE: Consultant Erin Skurrie Project Code MA10007 Report Number Rep 02 April 2017 Urbis Pty Ltd ABN All Rights Reserved. No material may be reproduced without prior permission. You must read the important disclaimer appearing within the body of this report. urbis.com.au

3 TABLE OF CONTENTS 1. Introduction Strategic Context Subject Site and Context Subject Site Interfaces North East South West Context Existing and Future Development The Proposal Development Summary Built Form and Materials Proposed Publicly Accessible Ground Plane Preliminary consultation Planning History Planning Application P285/ Urban Design Guidelines for Ivanhoe Shopping Centre Planning Application P760/ Ivanhoe Structure Plan Extension to Permit P760/ Planning Framework Plan Melbourne State and Local Planning Policy Frameworks State Planning Policy Framework Local Planning Policy Framework Strategic Plans Ivanhoe Structure Plan Banyule Integrated Transport Plan Banyule Public Open Space Plan Banyule Arts Strategy Planning Controls Commercial 1 Zone Design and Developmet Overlay Schedule Vegetation Protection Overlay Schedule Particular Provisions Clause Car Parking Clause Bicycle Facilities Clause Loading and Unloading Clause Urban Context Report and Design Response for Residential Development of Five or More Storeys General Provisions Clause 65 Decision Guidelines Planning Assessment Are the proposed uses supported by planning policy? Is the proposed built form an appropriate outcome for the site?

4 Design Response Built Form Is the proposal an overdevelopment of the site? Does the proposal reasonably protect the amenity of the surrounding area? Overlooking Overshadowing Traffic Impacts Does the proposal provide an appropriate level of internal amenity? Do the proposed building services and performance measures function correctly? Conclusion Disclaimer Appendix A Higher Density Residential Guidelines 2

5 1. INTRODUCTION This report has been prepared on behalf of SB&G 40 Upper Heidelberg Road (Ivanhoe) Pty Ltd in support of a planning permit application for a multi-level mixed use development at 40 Upper Heidelberg Road, Ivanhoe. The proposed development consists of a publicly accessible piazza, residential entry and access and two commercial/retail spaces at ground level, five principal residential levels above which present as the primary built form component, and two recessive levels above this. The design intent is a landmark response befitting this gateway site. The unique design response carefully interprets the planning and design guidance for this site, and in doing so can achieve public/community benefits whilst avoiding overdevelopment/. This is evidenced via plot ratio analysis; the DDO volume translates to a base case plot ratio of approximately 6:1, whereas the proposed plot ratio is less than this, being 5:1. The site is in the Commercial 1 Zone and is subject to the Design and Development Overlay Schedule 11 and Vegetation Protection Overlay. The site is in the Ivanhoe Activity Centre, and is nominated as a gateway site within the Ivanhoe Structure Plan. A planning permit is required to: Construct a building in the Commercial 1 Zone (Clause ) Construct a building in the Design and Development Overlay Schedule 11 (Clause ) Use the land for accommodation due to frontage at ground level exceeding 2 metres (Clause ) Reduce the number of car parking spaces (Clause ) Waiver the loading bay requirements (Clause 52.07) The use of the site as a food and drink premises and office does not require a permit, as they are as of right uses in the Commercial 1 Zone. The following report assesses the planning merits of the proposal and its consistency with the relevant State and Local Planning Policies contained within the Ivanhoe Planning Scheme. The assessment demonstrates the proposal is appropriate for the following reasons: The proposed uses are supported by key directions of the State and Local Planning Policy Frameworks promoting increased commercial uses and residential development within activity centres supported by excellent access to public transport services. The proposed built form will create a striking contemporary building that will mark the gateway to the commercial core of the Ivanhoe Activity Centre. The proposed ground floor commercial uses (office and café) will contribute to the local economy of the Ivanhoe Activity Centre. The proposed ground floor piazza will introduce a new publicly accessible space with the opportunity to support a range of activities to benefit the wider community. The proposed development will introduce a destination location that will encourage increased pedestrian activity, contributing to the amenity Ivanhoe Activity Centre. The proposed development considers the equitable development opportunities of the surrounding properties. The proposed car parking provision will accommodate the anticipated needs of the development. No unreasonable amenity impacts will occur to the surrounding properties and public realm. The proposed design incorporates a wide range of environmentally sustainable design measures that will exceed best practice standards to minimise environmental impacts during the construction and operation of the building. The proposed development functions correctly with regard to waste management and traffic arrangements. 3

6 This report should be read in conjunction with the following: Architectural plans prepared by John Demos Architects Urban Context Report prepared by Urbis Traffic Engineering Assessment prepared by Traffix Group Waste Management Plan prepared by Waste Management Consultants Sustainable Management Plan prepared by GIW Environmental Solutions Landscape Concept Design prepared by Oculus Urban design assessment prepared by Urbis Arborist report prepared by Robert Gailbraith Pty Ltd Disability Access Audit prepared by Equal Access Disability Access and Egress Consultants Acoustic Planning Report prepared by Aecom Survey Feature Plan prepared by Bosco Johnson 4

7 2. STRATEGIC CONTEXT Melbourne as a city is now in an advanced phase of development and is undergoing substantial change and evolution across the board. In the face of sustained and record population growth through the 21 st Century, the challenge for planning policy at both local and state has been to deal with this growth in an appropriate way. At a local level the 2002 Ivanhoe Design Guidelines have been replaced by the 2014 Ivanhoe Structure Plan which nominates the subject site as a key gateway opportunity for the Activity Centre. The structure plan was prepared subsequent to the approval of a 4-5 storey development on the subject land (for which the planning permit remains in place but was never enacted by the previous site owners). Growth has outstripped population projections associated with recent planning documents Melbourne 2030 and 5 Million. Plan Melbourne now envisages a city of 8 million people by 2050, with the northern sub region anticipated to accommodate an additional 400, ,000 people just to the period to To deal with this the new metropolitan strategy places a significant emphasis on Activity Centres and Urban Renewal Areas to do play a significant role in terms of the heavy lifting in providing new, transit and employment oriented housing supply. With Watsonia Station being the only urban renewal location nominated within the Banyule area, an important focus for Banyule will continue to be on ensuring appropriate housing opportunities within its activity centres are not overlooked in addition to pursuing quality design outcomes. Mindful of the above context, and on a site that has been vacant for too long, this application seeks to appropriately balance local objectives (which are variously described in documents such as the Ivanhoe Structure Plan and Banyule s more recent Integrated Transport Plan and open space strategy) with state planning imperatives which more closely contemplate metropolitan growth challenges. Describing infill activity centre development solely as housing opportunities is also insufficient, when the full range of planning benefits developments of this nature can bring about for existing and future residents of our city. These can include more equitable access to the housing market in established and highly amenable locations, dealing with ageing in place and proximity to family, community and in so doing present a spatial strategy for reducing social isolation, and providing more equitable access to employment markets, economic opportunities and well-being. An important part of social well-being and sustainable planning for the successful future of our city is to ensure new housing stock is of quality and involves good amenity that will be acceptable to end users. Accordingly, this application has sought to ensure a high level of amenity not only with light and spacious apartments for residents but also in the form of providing the Ivanhoe strip shopping centre with an important new publicly accessible space for community use. 5

8 3. SUBJECT SITE AND CONTEXT 3.1. SUBJECT SITE The subject site (40 Upper Heidelberg Road, Ivanhoe) is located to the north of the intersection of Upper Heidelberg Road, Heidelberg Road and Lower Heidelberg Road. The site is triangular with a frontage to Upper Heidelberg Road. The Hurstbridge railway line runs parallel to the rear of the site. The site is currently vacant, with temporary fencing currently runs along the eastern boundary of the site. Picture 1 Subject site viewed from south-west Picture 2 Subject site viewed from north-west Picture 3 Subject site viewed from south 6

9 Picture 4 Subject Site Source: NearMap 7

10 3.2. INTERFACES North Immediately to the north is 42 Upper Heidelberg Road, which comprises of a double storey brick building used for commercial purposes. The building provides no setback to part of its southern (common) boundary and is built to the Upper Heidelberg Road frontage. A large setback is provided to the rear of the site, which currently contains car parking space. Further North along Upper Heidelberg Road is the commercial centre of Ivanhoe comprising commercial, retail and community uses. Picture 5 42 Upper Heidelberg Road viewed from northwest East Picture 6 42 Upper Heidelberg Road viewed from southwest Immediately east of the site contains the Hurstbridge Railway line comprised of one below grade railway track running in each direction below. The distance between boundary and tracks themselves ranges between approximately 10 and 19 metres, and there is a significant difference in level at the southern end of the site as the railway passes under Upper Heidelberg Road. Further east, land is developed with residential dwellings of one to two storeys. Picture 7 - Hurstbridge Railway 8

11 South Immediately south of the site is the intersection of Upper Heidelberg Road, Heidelberg Road, Lower Heidelberg Road and Salisbury Avenue. Upper Heidelberg Road crosses the Hurstbridge railway line via an elevated roadway west of the intersection. The Darebin Railway station is located approximately 350 metres south of the subject site. Picture 8 - Intersection of Upper Heidelberg Road, Heidelberg Road, Lower Heidelberg Road and Salisbury Avenue West Immediately west of the site is Upper Heidelberg Road, an arterial road providing contains two lanes of traffic in each direction and forming a continuation of roads that link Melbourne s north eastern suburbs. Within the frontage of the site Upper Heidelberg Road accommodates unrestricted parallel car parking that is used as a clearway in peak times. To the west of Upper Heidelberg Road land is a mix of single and double storey dwellings with front setbacks from the street ranging between approximately 3 and 30 metres, the Airlie Aged Care Facility and the Mary Immaculate Church. The Mary Immaculate Primary School is located further west of the subject site, along with Darebin Parklands and Darebin Creek. Picture 9 Mary Immaculate Church Picture Upper Heidelberg Road 9

12 3.3. CONTEXT The wider area comprises a mix of residential, commercial and community uses, reflecting the site s location within one of Banyule s growing activity centres. Positioned within the Ivanhoe Activity Centre, the subject site presents a unique opportunity to contribute to the growing diversity of the area. Accordingly, the site is afforded with excellent access to a range of commercial and community facilities, including: Restaurants, retail, and entertainment facilities within the Ivanhoe Activity Centre Public parkland at the Darebin Parklands Several schools including Ivanhoe Grammar School, Ivanhoe Girls Grammar School, Ivanhoe Primary School and Mary Immaculate Primary School. The site has excellent access to the public transport network owing to its proximity to the Darebin and Ivanhoe Railway stations to the north and south respectively and the Route 458 bus traversing Upper Heidelberg Road. The surrounding residential hinterland is characterised by detached residential dwellings and multi-unit development. The green leafy character of Ivanhoe is established through landscaped gardens, and established street planting. Picture 11 Upper Heidelberg Road Picture 12 Upper Heidelberg Road Picture 13 Intersection of Upper Heidelberg Road and Waterdale Road Picture 14 Upper Heidelberg Road 10

13 Figure 1 Activity Centre and Public Transport 11

14 3.4. EXISTING AND FUTURE DEVELOPMENT Existing housing within the area currently comprises of single and double storey dwellings with landscaped front setbacks, however the redevelopment and renewal of housing stock has been occurring within the area, with the replacement of single dwellings and commercial buildings within the Ivanhoe Activity Centre with larger buildings and infill development. An overview of the higher-scale development applications and approvals within the Ivanhoe Activity Centre is noted in the following table: Address Storeys Status 1045 Heidelberg Road, Ivanhoe 4 storeys Under construction 1065 Heidelberg Road, Ivanhoe 5 storeys Under construction 1 Westley Avenue, Ivanhoe 8 storeys Under construction 985 Heidelberg Road, Ivanhoe 4 storeys Under construction 1031 Heidelberg Road 5 storeys Approved 103 Upper Heidelberg Road, Ivanhoe 5 storeys Approved 3 Abbotsford Grove, Ivanhoe 3 storeys Under assessment Upper Heidelberg Road, Ivanhoe 5 storeys Under assessment 112 Waterdale Road, Ivanhoe 4 storeys Under assessment Livingstone Street, Ivanhoe 5 storeys Under assessment 154 Upper Heidelberg Road, Ivanhoe 6 storeys Under assessment Upper Heidelberg Road, Ivanhoe 6 storeys Under assessment 12

15 4. THE PROPOSAL The proposed development consists of a publicly accessible piazza, two commercial/retail spaces at ground and mezzanine levels, five residential levels which present as the primary built form component, and two recessive levels above this at 40 Upper Heidelberg Road, Ivanhoe DEVELOPMENT SUMMARY The proposed design by John Demos Architects is summarised as follows: Level Basement Level 5 Features 49 car parking spaces 30 bicycle parking spaces 5 motorcycle parking spaces 22 individual storage rooms Lifts and lobby area Basement Levels car parking spaces (per level) 30 bicycle parking spaces (per level) 5 motorcycle parking spaces (per level) 22 individual storage rooms (per level) Lifts and lobby area (per level) Basement Level 1 45 car parking spaces 30 bicycle parking spaces 5 motorcycle parking spaces 22 individual storage rooms Lifts and lobby area Services Zone Ground Level 450 sq m Commercial space (office) 270 sq m food and drink space (café) 1180 sqm Public use plaza Pedestrian entrance Lifts and lobby area WC Vehicle entrance and driveway Level 01 Two (2) one-bedroom apartments with balcony 13

16 Level Features Seventeen (17) two-bedroom apartments with balcony Residents facilities Cleaner s storage Services room Lifts and lobby area Levels (per floor) One (1) one-bedroom apartment with balcony Eighteen (18) two-bedroom apartments with balcony Residents facilities Cleaner s storage Services room Lifts and lobby area Level 06 Three (3) two-bedroom apartments with balcony Five (5) three-bedroom apartments with balcony Resident s lounge media room Cleaner s storage Services room Lifts and lobby area Level 07 Three (3) two-bedroom apartments with balcony Five (5) three-bedroom apartments with balcony Resident s lounge media room Cleaner s storage Services room Lifts and lobby area 4.2. BUILT FORM AND MATERIALS The proposed building envelope extends the triangular footprint of the site into a three-dimensional form, consisting of ground level café/commercial tenancies and piazza, a five storey podium (when viewed from Upper Heidelberg Road) and two recessive levels above. Front façade The podium s front façade (to Upper Heidelberg Road) will incorporate two modules finished in distinctive, yet interrelated materials: The northern module will feature a brass mesh veil incorporating cut-outs and projections to provide daylight access, shade, privacy screening and ventilation. The southern module will feature a section of glass laminated brass mesh articulated with white banding demarcating each level and a section of horizontal aluminium slats. 14

17 Levels 6 and 7 above the podium will be finished in zinc cladding and glazing. Rear Façade The podium s rear (east) façade will incorporate two modules: The northern module will be finished in white concrete panel offset with horizontal aluminium slats. The southern module will be finished in horizontal aluminium slats The recessed levels above will be finished in zinc cladding and glazing. Side Façade The side (north) façade will incorporate two wings extending to the northern boundary, separated by an extensive void. This elevation will be finished in grey concrete panels, with the west wing subtly shifting to the east through the height of the built form. The recessed levels above will be finished in zinc cladding and glazing PROPOSED PUBLICLY ACCESSIBLE GROUND PLANE The proposed ground level landscape piazza has been designed by Oculus, and provides a dedicated green open space for public access. This area can be used by the adjoining tenants in the ground-level commercial areas, the general public, and occupants of the building. Landscaped areas containing low-level garden bed planting will be scattered throughout the ground level plane to create a unique habitat reflecting the junction of the Ivanhoe s landscaped residential areas and urban commercial core. A communal atrium available to the residents of the building will be located along the northern boundary, and will feature landscaping and seating PRELIMINARY CONSULTATION The applicant has met with VicTrack to understand the issues associated with building next to the rail corridor. As a result of this meeting, no landscaping is proposed over the rail reserve land (which was included in earlier permits on this site). The applicant has confirmed that the development can be constructed and supported on site from a construction methodology perspective and will not require access to VicTrack land, with the final details of these aspects able to be worked through via conditions should any planning permit issue. The ways in which the design has responded to the rail interface were also discussed as considered below in Section 7.5 of this report. Although a pre-application meeting has not been held with Council at this stage, the project team is committed to early consultation with the council and working closely with Council officers through the application process. 15

18 5. PLANNING HISTORY 5.1. PLANNING APPLICATION P285/00 A proposal for an eight level apartment building (six levels above Upper Heidelberg Road and two basement levels) was refused by Council on 27 November Whilst the Tribunal upheld Council s decision, the Tribunal recognised any building on this site has the potential to be notable or obvious, and in that way be a landmark, given the visibility of the site's corner location and the site's location on a ridgeline (Demos v BanyuleCCand Ors [2001] VCAT 1883). Furthermore, the Tribunal encouraged any building on the site seek to enable views through the site to the Dandenong Ranges URBAN DESIGN GUIDELINES FOR IVANHOE SHOPPING CENTRE The Urban Design Guidelines for Ivanhoe Shopping Centre were adopted by Council on 8 April This document recognised Ivanhoe as one of three key commercial centres within Banyule, and provided universal guidelines for the whole of centre, precinct guidelines for each identified precinct, and site specific guidelines for nominated development sites. The site specific guidelines for 40 Upper Heidelberg Road are as follows (as selected): 40 Upper Heidelberg Road is an extremely important site because its gateway location is of great significance to the identity and urban character of the shopping centre. (Refer to Precinct A Guidelines). The Council s objectives for any development of this site are: that it has a scale and character which is consistent with the character of the shopping centre and the neighbouring residential precincts, that enhances the streetscape of the precinct and respects the critical visual impact of its ridgeline location. that it has a limited impact on the amenity of nearby residential areas, and particularly those to the east of the railway line. that it announces the southern end of the shopping centre streetscape by providing an architecturally significant or notable, but not dominant, building (Urban Design Guidelines for Ivanhoe Shopping Centre p31). The Urban Design Guidelines for Ivanhoe Shopping Centre outlined the following built form parameters for the site (as illustrated in Figure 2): 2 storey street wall to Upper Heidelberg Road, with additional levels set back to prevent views from the opposite side of Upper Heidelberg Road. A landscaped setback to Upper Heidelberg Road (3 metre wide at the north end of the site progressing to 4.5 metres at the south end of the site). A landscaped setback to the railway reserve at ground floor, with recessed upper level. 16

19 Figure 2 Urban Design Guidelines Indicative Building Envelope Source: Urban Design Guidelines for Ivanhoe Shopping Centre, p 33 The Urban Design Guidelines encouraged future development of 40 Upper Heidelberg Road to adopt the highest architectural standards and present innovative solutions which respect the special qualities of this site. Building at gateway to Precinct The southern end of 40 Upper Heidelberg Road provides an opportunity for construction of an architecturally significant or notable building. This could take a number of forms, but the objective is to create a building form which announces the southern entrance to the Ivanhoe Shopping Centre to complement, but not compete with, the visual impact of the Ivanhoe Town Hall at the northern end of the centre. The building should be able to be viewed in the round and appear to be set in a landscaped environment. It should have active facades facing the street, the landscaped area to the south and the railway reserve. The scale of the building will not dominate the streetscape or its neighbours and the height will not exceed 2 stories. A landmark element could be associated with the building or a physically separate feature within the landscaped area at the southern apex of the site. (Urban Design Guidelines for Ivanhoe Shopping Centre p31) PLANNING APPLICATION P760/2006 A planning permit for a six level mixed use building (4.5 levels above Upper Heidelberg Road and two basement levels) designed by John Demos Architects was granted by Banyule City Council on 6 August 2007 (against the backdrop of the Ivanhoe Design Guidelines which encouraged a two-three storey design response for the centre) and corrected on 1 June Banyule City Council determined the proposed commercial and residential development at this location was worthy of approval on the following grounds: The proposal was supported by planning policy The proposal would enhance the urban fabric of the Ivanhoe Shopping Centre through the development of an underutilised site at the gateway of the Ivanhoe Shopping Centre The proposal was well serviced by existing services and facilities within the centre, and public transport Whilst the approved proposal complied with the majority of the Urban Design Guidelines (with minor variations to the overall heights), there were substantial variations to the setback requirements (and in turn, landscape requirements and building heights) with the approved development significantly encroaching into the front, side and rear setbacks outlined in the Urban Design Guidelines. Banyule City Council determined these variations to be acceptable as the proposal broadly met the objectives of the guidelines to: Be of a consistent scale and character with the shopping centre Enhance the streetscape 17

20 Limit amenity impacts to adjoining properties Announce the southern end of the shopping centre through an architecturally significant building 5.4. IVANHOE STRUCTURE PLAN The revised Ivanhoe Structure Plan was adopted by Council on June 2013, with the corresponding Design and Development Overlay gazetted on 28 May 2015 (Banyule Planning Scheme Amendment C93). The Ivanhoe Structure Plan provides direction for the preferred land use mix, built environment outcomes, public realm and landscape features in the Ivanhoe, which was a designated Major Activity Centre under the metropolitan planning strategy Melbourne 2030 at the time of writing. The key features of the Vision for the Future include: Diversify housing to enable residents to live closer to range of food, retailing, recreation, entertainment and services within Ivanhoe, whilst respecting the desired character of the area Respect the valued topography of Ivanhoe through sympathetic architectural, environmental and heritage qualities Incorporate substantial trees and vegetation within Residential Accessible Areas Improved safety for pedestrians and cyclists, and more frequent, safe and interconnected public transport Support the town hall building as a focal point for community and civic life Encourage integrated community, commercial and residential uses within the Civic Precinct The Ivanhoe Structure Plan locates the subject site in the Upper Heidelberg Road Precinct, and prescribed a preferred maximum building height of 18 metres, ground level setbacks of 3 metres to the front and rear boundaries, with additional upper level setbacks (between 3 and 4.5 metres) to all boundaries required for built form exceeding 9 metres in height (refer to Section 6.5 for further detail). The Ivanhoe Structure Plan considers reduced building setbacks may be considered for 40 Upper Heidelberg Road if design can achieve (amongst other considerations) high quality architecture that incorporates canopy plantings, and is appropriately articulated to reduce visual bulk (refer to Section 6.5 for further detail). The Panel Report for Amendment C93, which considered the Ivanhoe Structure Plan and associated Design and Development Overlay 11, supported the built form controls applicable to the site, noting the discretionary nature of DDO11 allowed for approval of proposals that vary the preferred built form envelope if buildings of a greater height achieve a sufficient level of design excellence. Given the significant slope of the site from Upper Heidelberg Road to the railway reserve, the Panel Report (supported by the evidence of Council s expert witness Robert McGauran) recommended the preferred maximum building height should relate to the building height above natural ground level at the frontage of the site which would allow additional height at the rear of the site EXTENSION TO PERMIT P760/2006 On 17 August 2015, Banyule Council resolved to extend planning permit P760/2006 by two years in response to a request made by the previous owners, requiring construction to commence by 6 August The scheme approved under permit P760/2006 was considered by Council not comply with the preferred building setbacks and height limits outlined in the Ivanhoe Structure Plan/Design and Development Overlay 11 which had been introduced in the interim period. Notwithstanding this, Council concluded the proposed development was acceptable on the basis that street plantings could be accommodated on the Upper Heidelberg Road frontage, the architectural qualities of the development provided visual interest, and the proposal would facilitate the development of an important gateway site within the Activity Centre. 18

21 6. PLANNING FRAMEWORK 6.1. PLAN MELBOURNE Plan Melbourne was released in May 2014, and is the current metropolitan planning strategy to manage Melbourne s growth and change. Key components of the strategy relevant to this application include: Revised population estimates anticipating Melbourne will grow to 8 million people by An increased focus on accommodating additional housing within activity centres supported by good public transport access, with the purpose of directing residential development away from established suburbs. The introduction of a 20 minute neighbourhoods, in which a range of services and employment opportunities can be accessed within a 20 minute journey. A revamp of Melbourne s activity centre hierarchy, with Ivanhoe designated as an activity centre. The key strategic direction is to provide access to a wide range of employment opportunities, goods and services to facilitate vibrant local economies. The designation of metropolitan Melbourne into five subregions, with residential and employment population projections and anticipated housing developments. Ivanhoe is placed in the Northern Subregion, which is projected to grow by up to 470,000 residents by 2031(approximately 50% of the current population of 869,000). Based on current and expected trends 25-35,000 additional dwellings will be provided through apartment developments. Ivanhoe is identified as an Activity Centre. Plan Melbourne s strategic direction for Activity Centres is to Enable 20-minute neighbourhoods by providing access to a wide range of goods and services in centres that are planned and coordinated by local governments. The centres will provide employment and vibrant local economies. Some will serve larger subregional catchments. Through the removal of retail floorspace and office caps, activity centres may grow unrestricted. Plan Melbourne is currently subject to a refresh process to reflect a long-term vision for housing, jobs, liveability, public transport, infrastructure and climate change. Key issues currently flagged for further consideration include developing a Housing Strategy to better guide the location and typology of residential development on a metropolitan scale, and providing more clearly defined roles and strategic directions for activity centres STATE AND LOCAL PLANNING POLICY FRAMEWORKS State Planning Policy Framework The State Planning Policy Framework (SPPF) seeks to develop the objectives for planning in Victoria (as set out in the Planning and Environment Act 1987) to foster appropriate land-use and development planning policies and practices that encompass relevant environmental, social and economic factors. Clause 9 directs responsible authorities to consider and apply Plan Melbourne. Clause and requires responsible authorities to have regard to the Guidelines for Higher Density Residential Development. Clause Activity Centre Planning seeks to encourage the concentration of major retail, residential, commercial, administrative, entertainment and cultural developments into activity centres which provide a variety of land uses and are highly accessible to the community Clause Urban Growth seeks to ensure a sufficient supply of land is available for commercial, retail and recreational uses. Clause 15 Built Environment and Heritage states that planning should ensure all new land use and development appropriately responds to its landscape, valued built form and cultural context, and protect places and sites with significant heritage, architectural, aesthetic, scientific and cultural value. The clause 19

22 recognises that creating quality built environments supports the social, cultural, economic and environmental wellbeing of communities, cities and towns. Clause 15 Housing seeks to locate new housing in or close to activity centres and employment corridors and at other strategic redevelopment sites that offer good access to services and transport and to provide for a range of housing types to meet increasingly diverse needs. Clause 17 Economic Development seeks to facilitate a strong and innovative economy within Victoria. Clause Transport system encourages higher land use densities and mixed use developments near railway stations, major bus terminals and tramways to facilitate ecologically sustainable development patterns and reduce reliance on private vehicles. Clause Car parking encourages the efficient provision of car parking through the consolidation of car parking facilities Local Planning Policy Framework Local Planning Policies seek to further the objectives of planning in Victoria to the extent they are applicable to Banyule, with the Local Planning Policy Framework (LPPF) of the Banyule Planning Scheme providing a strategic framework for land use and development within the municipality. Clause Housing seeks to encourage housing growth to locate close to Activity Centres, Neighbourhood Centres and the Principal Public Transport Network, as well as encourage greater diversity of housing; in terms of layout, size, affordability and tenure. Clause Commercial seeks to support a diversity of viable, high-quality Activity Centres and Neighbourhood Centres offering a range of retail, business, entertainment, community and tourist-related goods, services and employment, as well as encouraging the facilitation of projects that will support business growth, employment and service delivery. Clause Built Environment seeks to ensure that development respects and contributes to the desired future character of residential neighbourhoods and the identity of Activity Centres and Neighbourhood Centres, in a manner that supports varying degrees of housing change Clause Residential Areas Framework highlights the subject site as being within a Diversity Area of which the typical characteristics include higher density housing options and good access to public transport services. Clause Local Places identifies the subject site as being located within the Ivanhoe Activity Centre. Clause Ivanhoe Activity Centre outlines the vision of the City of Banyule for the future development and use of land within the Activity Centre. This policy establishes Greater housing choices such as one and two bedroom dwellings are sought, particularly in and around the commercial core of Ivanhoe. The subject site is located within Precinct 5 Upper Heidelberg Road Precinct. Within this precinct the following is envisioned (selected): Upper Heidelberg Road will remain the core of the Activity Centre and its historic buildings and unique streetscape are central to the desired character of the area There will continue to be a focus of retail activity at the ground floors of the valued two storey façades, with upper level development setback from Upper Heidelberg Road. Offices and housing will generate additional activity vibrancy, ensuring the area grows as a hub for services and facilities. Basic goods and services, along with specialty and boutique stores and cafes will meet the needs of the local population and attract visitors from outside Ivanhoe. The Precinct will provide a pleasant, landscaped walking environment with convenient access to the Ivanhoe Railway Station, schools and residential areas. 20

23 6.3. STRATEGIC PLANS Ivanhoe Structure Plan The Ivanhoe Structure Plan is a reference document of the Banyule Planning Scheme, and provides the basis for Council s land use and built form policies found in Clause as noted above. The structure plan discusses the existing and potential future land use mix and built form for the activity centre, and provides detailed information regarding Council s desired outcomes. As shown in Figure 3, the subject site is in Precinct 5 Upper Heidelberg Road Precinct. The relevant land use objectives of this precinct include: Encourage the location of land uses such as retail, hospitality and entertainment at the ground level of shops in the Precinct to ensure all buildings have active frontages by opening onto the street creating an accessible, welcoming and vibrant street life Encourage complementary uses at upper levels, including residential dwellings and offices. Figure 3 Ivanhoe Activity Centre Precinct 5 B Land Use and Built Form Plan 21

24 The preferred built form outcomes for the subject site are reflected in the corresponding Design and Development Overlay Schedule 11, which is discussed in Section 6.5 of this report Banyule Integrated Transport Plan The Banyule Integrated Transport Plan was adopted by Council on 19 October 2015, and provides long-term direction for transport and land use within Banyule. The plan envisages Banyule as a city with accessible, sustainable and active communities, with good access to jobs, education, shopping and community opportunities within a safe transport network supported by six themes of Accessibility and Mobility, Land Use and Development, Walking and Cycling, Public Transport, Streets and Public Spaces, and Advocacy and Leadership) considering different aspects of transport in the municipality. The Banyule Integrated Transport Plan encourages increased development within activity centres to increase use of active and public transport modes and reduce reliance on private vehicles. Strategic directions and actions relevant to the proposed development include: Strategic direction 4: New development will be located in accessible locations that offer greatest access to public transport and walking and cycling infrastructure. Action 11: Investigate opportunities for temporary place making within streets and public parking areas to increase pedestrian activity within our Activity and Neighbourhood Centres. Action 12: Ensure streetscape works within activity and neighbourhood centres prioritise sustainable transport modes, including walking, cycling and public transport. Strategic direction 6: Development will support and encourage walking, cycling and public transport use. Action 13: Identify and examine the most appropriate mechanism to require Green Travel Plans at the planning permit stage. Action 14: Ensure new Council developments and community facility improvements address sustainable transport access as part of the scope of works Banyule Public Open Space Plan The Banyule Public Open Space Plan seeks to guide the planning and delivery of open space within the City of Banyule over the coming 15 years to ensure high quality open space is available for the municipality s future population. The plan identifies there is minimal public open space in and around the Ivanhoe Activity Centre, with pressures on the existing public open space provision increasing with the anticipated residential population growth. The plan makes the following recommendations (selected): Prepare a local open space strategy for the Ivanhoe Activity Centre in order to identify strategies to address the specific and complex public open space needs in this designated high growth area, including improving connectivity, potential agreements with other stakeholders and investment in appropriate open space related infrastructure. Develop strategies for improving access to public open space in areas within the precinct where it is currently limited by distance or major physical barriers, including the exploration of the potential for community use agreements with local schools. Increase the quantity and the standard of play infrastructure in reserves that are substantial in size and well located to service a reasonably large residential area; e.g. Cartledge Reserve (West Ivanhoe) and Albert Jones Reserve (Eaglemont). Establish a nature based play experience in at least one playspace within the precinct. The report notes the cost of land and lack of undeveloped land in Banyule means that it is unlikely Council could address the anticipated public open space deficit through land purchase alone, therefore efficient utilisation of existing land is required. 22

25 Banyule Arts Strategy The Banyule Arts Plan seeks to guide Council s investment in and involvement with arts and cultural activities within the municipality. The plan envisages Banyule to be known for its distinctive cultural identity and for having an actively engaged community that is immersed in contemporary arts, culture and heritage and outlines a range of initiatives and actions to support and enhance the municipality s artistic and cultural expression. The plan notes a deficit in available arts and culture spaces within the municipality. To address this, the plan outlines an initiative to explore opportunities to develop new, utilise existing and exploring new or unusual facilities and spaces for the delivery of diverse arts, culture and heritage activities to our whole community PLANNING CONTROLS Commercial 1 Zone The site is in the Commercial 1 Zone. The purposes of the zone are: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses. To provide for residential uses at densities complementary to the role and scale of the commercial centre. Under the provisions of the zone, a planning permit is required: For the use of the site for accommodation where ground floor frontages exceed 2 metres. To construct a building or construct or carry out works. A planning permit is not required for the use of the site as a food and drink premises DESIGN AND DEVELOPMET OVERLAY SCHEDULE 11 The site is subject to the Design and Development Overlay Schedule 11 (DDO11). The purpose of the overlay is as follows: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To identify areas which are affected by specific requirements relating to the design and built form of new development. Under the provisions of the DDO11, a permit is required to construct a building or carry out works pursuant to Clause DDO11 seeks to facilitate the development outcomes of the Ivanhoe Structure Plan, 2012 (Revised December 2014). As noted previously, the subject site in the Upper Heidelberg Road Precinct, which is the commercial core of the activity centre. DDO11 outlines the following requirements (selected as relevant to this proposal): Built Environment Building elevations facing streets and public vantage points should be designed with: Active and engaging frontages in mixed use areas; Articulated frontages; Design emphasis, including architectural features, on key corners; as shown on the Upper Heidelberg Road Built Form Plan. 23

26 All buildings should have active frontages by opening onto the street creating an accessible, welcoming and vibrant street life. Building frontages shown as active and engaging frontages on the Upper Heidelberg Built Form Plan should: Comprise at least 80% glazing or entry features at ground level; Provide continuous weather protection through the use of awnings. Rear elevations of new buildings on the ridgeline that are highly visible should be designed to add visual interest when viewed from Lower Heidelberg Road and surrounding residential streets.. Facilitate the creation of an open landscaped public square near the main street to add further vibrancy in this part of the Precinct. Locations could be in the current car park at the northern Livingstone Street edge of the Ivanhoe Plaza site and north of the Mary Immaculate Catholic Church on Upper Heidelberg Road near Waverley Avenue. Natural Environment Require development below the ridgeline to maintain or plant canopy trees and vegetation on the slopes towards the railway line overlooking the Ivanhoe bowl, as a part of their landscape plans. Site Specific Requirements The Structure Plan outlines the following objectives regarding the site at 40 Heidelberg Road: 40 Upper Heidelberg Road is a gateway site that suggests a sense of arrival into the activity area. This site provides the opportunity for a high quality, architecturally designed landmark building. Any design should incorporate the planting of trees along the Upper Heidelberg Road elevation to contribute to a sense of arrival into a boulevard and along the eastern elevation to reduce the visual bulk of the building from across the railway line. Reduced building setbacks may be considered for 40 Upper Heidelberg Road if design can achieve: A high quality, architecturally designed outcome that incorporates the planting of trees. Landscape character to Upper Heidelberg Road that contributes to a sense of boulevard and reflects the treed settings of those properties opposite the subject site. Reduction in visual bulk of the building when viewed across the railway line and from Lower Heidelberg Road. A modulated façade to Upper Heidelberg Road that provides interest and relief from visual bulk on lower levels. Design excellence reflected in the design of safe entrances to residential and commercial properties directly from Upper Heidelberg Road. Allow preferred maximum building heights of up to 18 metres (5 storeys) at 40 Upper Heidelberg Road in line with the current planning permit. Upper level setbacks and landscaping guidelines will apply. See pages for built form design principles, including the reduction of mass and bulk of built form by incorporating visual breaks with clear sight lines through the site and an interesting and varied skyline. In addition to the preferred building height, DDO11 outlines the following preferred setbacks for the site: Boundary Ground Level Upper Levels (above 9 metres) West (front) 3 metres 3 metres from front facade East (rear) 3 metres 4.5 metres from front facade North (side) 0 metres 4.5 metres from front facade 19m height due to slope 24

27 6.6. VEGETATION PROTECTION OVERLAY SCHEDULE 3 The site is affected by the Vegetation Protection Overlay Schedule 3 under the Banyule Planning Scheme. The purpose of the overlay is as follows: To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies. To protect areas of significant vegetation. To ensure that development minimises loss of vegetation. To preserve existing trees and other vegetation. To recognise vegetation protection areas as locations of special significance, natural beauty, interest and importance. To maintain and enhance habitat and habitat corridors for indigenous fauna. To encourage the regeneration of native vegetation. No vegetation specified by the VPO3 is required to be removed, therefore a permit is not required pursuant to this overlay PARTICULAR PROVISIONS Clause Car Parking The requirements of Clause are applicable to this proposal. Under this Clause, the following car parking requirements area applicable: Dwelling: 1 car parking space to each one or two bedroom dwelling, plus 2 car parking spaces to each three or more bedroom dwelling, plus 1 car parking space to every five dwellings for visitors. Office: 3.5 spaces per 100 square metres Café: 4 care spaces per 100 square metres Pursuant to these specifications, the proposed development generates the need for a total of 195 car parking spaces. This development proposes to provide 180 car parking spaces; as such, a permit requirement is triggered under the provisions of Clause to reduce the number of car parking spaces required Clause Bicycle Facilities The requirements of Clause are applicable to the proposal Under this Clause, the following car parking requirements area applicable: Dwelling:1 bicycle parking space to every five dwellings, plus 1 bicycle parking space to every ten dwellings for visitors. Office: NA (minimum LFA of 1,000 square metres not met) Café: 1 employee space to each 300 square metres of LFA and 1 visitor space to each 500 square metres of LFA. Pursuant to these specifications, the proposed development generates the need for a total of 35 bicycle parking spaces. This development proposes to provide 150 bicycle parking spaces; as such, a permit requirement is not triggered under the provisions of Clause

28 Clause Loading and Unloading The requirements of Clause are applicable to the proposal. Pursuant to the specifications of this Clause, the proposed development generates the need for a loading bay with an area of 24.7 square metres (7.6 long x 3.6 wide with height clearance of 4 metres). A waiver of the loading bay requirement is sought under the provisions of Clause Clause Urban Context Report and Design Response for Residential Development of Five or More Storeys An application for a residential development of five or more storeys in any zone must be accompanied by: An urban context report A design response 6.8. GENERAL PROVISIONS Clause 65 Decision Guidelines The responsible authority must decide whether the proposal will produce acceptable outcomes in terms of the decision guidelines of Clause 65. (emphasis added) 26

29 7. PLANNING ASSESSMENT This section address the following key planning considerations: Are the proposed uses supported by planning policy? Is the proposed built form an appropriate outcome for the site? Is the proposal an overdevelopment of the site? Does the proposal reasonably protect the amenity of the surrounding area? Does the proposal provide an appropriate level of Internal amenity? Do the proposed building services and performance measures function correctly? 7.1. ARE THE PROPOSED USES SUPPORTED BY PLANNING POLICY? The proposed development of a mixed-use building with ground level retail, commercial and piazza, and residential dwellings above is strongly supported by the State and Local Planning Policy Frameworks, and Banyule City Council s strategic plans. As an Activity Centre, Plan Melbourne envisages Ivanhoe as a focus for intensified residential and commercial development within Melbourne s northern suburbs. The proposed co-location of commercial uses and higher-density dwellings within a mixed development within an established activity centre containing services and high-frequency public transport will assist in achieving 20 minute neighbourhoods encouraged by Plan Melbourne. Clause 11 Settlement, Clause Land Use and Clause Local Places encourages the concentration of commercial development within activity centres. Specifically, Clause directs retail, hospitality and entertainment uses at ground level to create a contiguous active streetscape and enliven the public realm. The proposed ground level commercial spaces are highly consistent with these policies, through the location of uses to service the needs of the local population, enhance the economic vitality of the centre, and provide space for small-medium businesses to stimulate local economies and employment opportunities. The proposed ground floor retail tenancy (expected to be a café or restaurant) will create an active frontage to Upper Heidelberg Road, and will act as a destination to improve pedestrian activation within the southern part of the Upper Heidelberg Road Precinct, aligning strongly with the Ivanhoe Structure Plan s objectives to facilitate an active commercial core. The proposed office tenancy (envisaged to accommodate a small business with a health/wellbeing focus) will contribute to the commercial function of Upper Heidelberg Road and provide a unique space with picturesque views to the Dandenong Ranges to the east. Similarly, planning policy is strongly supportive of residential development within the upper levels of this building. Both State and Local planning policies encourage increased housing within Activity Centres to reduce development pressures on established suburbs and provide diversified housing options in terms of layout, size and tenure (Clause 15 Housing, Clause Housing, Clause Ivanhoe Activity Centre, Design and Development Overlay 11 and the Ivanhoe Structure Plan). Specifically, Clause notes one and two bedroom dwellings are sought within the commercial core of Ivanhoe. The site s location within a five minute walk of the Darebin Station, proximate to several bus routes and close to commercial and community facilities within the activity centre will facilitate environmentally sustainable land use patterns, in which day-to-day services can be accessed within walking distance or short public transport trip. This is consistent with the Banyule Integrated Transport Plan, which advocates for increased residential densities within activity centres to increase use of public transport and active transport modes and reduce private vehicle trips, and aligns with the objectives of Clause 18 Transport, Clause Housing, Clause Ivanhoe Activity Centre, and the Ivanhoe Structure Plan. The publicly accessible piazza is a unique and innovative feature of the proposal that will benefit the wider community. The Banyule Public Open Space Plan and Clause Ivanhoe Activity Centre identify a deficit of public open space within the Ivanhoe Activity Centre, with pressure on existing public space anticipated to increase as development within the centre increases. Given the monetary and spatial constraints, the plan indicates new public spaces will need to be developed through efficient use of existing land. The piazza will contribute additional publicly accessible open space that has the potential to accommodate a variety of community oriented uses including public art and cultural events to become a new focal point for community life. This is consistent with the Banyule Arts Strategy which seeks to explore opportunities to provide art in new and unique public places. 27

30 Broadly, the proposed uses are strongly supported by the relevant statutory planning frameworks and Banyule Council s strategic documents IS THE PROPOSED BUILT FORM AN APPROPRIATE OUTCOME FOR THE SITE? The proposed development interprets architecturally and is responsive to the built form outcomes sought for this site under the Ivanhoe Structure Plan, Design and Development Overlay 11 (DDO11), and Banyule s local planning policies Design Response The broad built form objectives of the Ivanhoe Structure Plan (and corresponding DDO11) encourage new development of architectural excellence that integrates with Ivanhoe s local built form identity and cultural heritage, whilst responding to the desired contemporary character of new development within the Activity Centre. New development should enhance the cultural and creative life of Ivanhoe through public art, and new public spaces should be created. The valued landscape attributes and boulevard character of Ivanhoe should be reinforced though canopy plantings and long range views to the Dandenong Ranges and surrounding landscape should be preserved and enhanced. 40 Upper Heidelberg Road is identified as a gateway site announcing the entrance to the commercial core of the Ivanhoe Activity Centre, and provides opportunity to accommodate a high quality landmark building. The proposed design by John Demos Architects is a sophisticated architectural outcome that marks the entrance to the Ivanhoe Activity Centre through an innovative contemporary design that will foster a new active piazza and retail area. The architectural response adopts three distinct, yet interrelated elements: Piazza The proposed development is elevated 7.29 metres off the ground to a decorative soffit to create a unique space accommodating a café/restaurant premises fronting Upper Heidelberg Road, a ground level commercial space envisaged for a health, wellbeing or arts-focused tenancies, a publiclyaccessible landscaped piazza, and a landscaped atrium for the building s residents. The elevated built form enables easterly views to the Dandenong Ranges, responding to the site s location on a prominent ridgeline. Canopy trees will be planted along the Upper Heidelberg Road frontage, reflecting the landscaped characteristics of the surrounding leafy residential suburbs. Figure 4 Upper Heidelberg Frontage Source: Oculus Landscape Concept Design The proposed ground-level commercial spaces will activate the street frontage and create a new destination to attract increased pedestrian activity along Upper Heidelberg Road. The proposed piazza will give back approximately 1,180 square metres for a variety of programable uses which can be developed in conjunction with community organisations and Council s Arts and Culture Team. The space can also be utilised by the adjoining ground-level 28

31 commercial tenancies and building residents. Whilst this space will be publicly accessible, it will remain within private ownership, and is proposed to be maintained and operated through a s173 agreement with Council. Overall, the proposed street interface will improve the public activity and safety of Upper Heidelberg Road. Figure 5 Proposed Piazza Source: Oculus Landscape Concept Design Body Above the ground level piazza, the body of the development accommodates five levels of residential dwellings. The Upper Heidelberg Road frontage is expressed in two modules to enrich and articulate the building mass. The northern module, which spans two-thirds of the site s frontage, features a modulated front façade line of balconies and windows enclosed within a brass veil that curves up the height of the building to create a light-weight sculptural quality. This veil features cut-outs and projections to create visual interest whilst providing privacy measures to the building s residents, daylight access and screening, and natural ventilation opportunities. The southern module sits behind the front building line of the northern module and curves to the south of the site to form the southern tip of the building. This module features a section of glass laminated brass mesh to provide visual permeability to the circulation areas of the building, articulated with white horizontal bands corresponding to each storey, and a section of aluminium slats extends to the southern point of the building. The aluminium slats wrap around the southern section of the rear (east) façade and features cut outs to provide light access and ventilation to the dwellings. The remainder of the rear façade will be finished in white concrete panels to suggest solidity in response to the interface with the railway, offset with horizontal aluminium slats to provide a continuity of materiality through the length of the elevation. The façade will be detailed with long glazed windows and in-bound balconies to create an articulated presentation to the properties to the west. The northern elevation will incorporate a built form break to create two wings and will be finished in grey concrete panelling with subtle built form articulation. Crown The crown of the development will incorporate two residential levels. The built form will be recessed from all boundaries to reduce the visibility of the built form, and finished in zinc cladding and glazing to appear as a recessive and light weight feature. 29

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