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[2003] VCAT 1741
Victorian Civil and Administrative Tribunal
2003-11-24
Bamfra Nominees P
Original judgment source is linked above.
Applications under S.79 of the Planning and Environment Act 1987 for review of the failure to grant permits within the prescribed time. Business 2 Zone. Clause 52.06 Car Parking. Clause 52.27 Licensed Premises. Clause 52.29 Land Adjacent To A Road Zone, Category 1, Or A Public Acquisition Overlay For A Category 1 Road. Mixed use (primarily residential) buildings. State and Local Planning Policy Framework. Zone Purposes. Neighbourhood character. Streetscape. Landscape. Massing and scale. Energy efficiency. Overshadowing. Privacy. Noise. Car parking, Traffic.
The order of the Tribunal is that the decision of the Responsible Authority is affirmed varied set aside. A permit is granted for 35 dwellings, a showroom and associated car parking at 367-373 Bell Street Preston generally in accordance with the endorsed plans and subject to the following conditions:-
1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plans must be drawn to scale with dimensions and must be generally in accordance with the amended plans circulated prior to the VCAT hearing (Plans by Petridis Cornetta Architects, Drawings TPA01 to TPA11 dated 26 September 2003), but modified to show:
a. Any roof top heating or air conditioning equipment to be detailed on the relevant elevations. Any equipment, which will be visible from the street(s), must be appropriately sited and suitably screened.
b. A comprehensive scheduled of construction materials, external finishes and colours (including colour samples). Materials chosen should require minimal ongoing maintenance.
c. An increase in the areas set aside for garbage, storage and mechanical plant within the car parks, as appropriate to the size of each building.
d. Maximum ramp grades of 1:16 at 90 degrees to car spaces and 1:20 parallel to car spaces.
e. A minimum 2.1 metre height clearance to all car parking areas.
f. All columns within car parking areas to be located between 250mm and 1250mm from the open end of the car spaces, as specified in AS 2890.1-1993 Clause 5.2, to facilitate ease of access and ensure that car doors can be opened.
g. All car spaces adjacent to side walls to have a width of at least 2.7 metres.
h. All car spaces to have a length of at least 4.9 metres.
i. Provision of a one (1) metre aisle extension where car parking is located at the end of a blind aisle, to facilitate ease of access.
j. All visitor/patron car spaces associated with the residential/commercial components of the development located in proximity to the main entrance and clearly linemarked. A suitable security system must be provided to enable ease of access to all car spaces.
k. Provision of a separate numbered storage area for each dwelling within the development.
l. Provision of bicycle racks at a minimum rate of 1 rack per 5 dwellings.
m. The location of potential future advertising signs for the showroom tenancy (Note: the display of advertising signs may be subject to further planning permission).
2. The development shall be designed so that the dwellings within the development achieve an average 4 Star energy rating and the development shall incorporate water saving measures and a rainwater tank with associated reticulation for irrigation etc. all to the satisfaction of the responsible authority.
3. Prior to the occupation of the permitted dwellings the permit holder shall complete all works associated with the maximum practical extension of the right turn lane in Bell Street east. to the satisfaction of Vic Roads.
4. No construction or carrying out of buildings and works associated with the development may occur until:
a. A certificate of environmental audit is issued for the land in accordance with Part IXD of the Environment Protection Act 1970; or
b. An environmental auditor appointed under the Environment Protection Act 1970 makes a statement in accordance with Part IXD of the Act that the environmental conditions of the land are suitable for the sensitive use.
c. A copy of the certificate or statement must be supplied to the Responsible Authority.
The Environmental Audit shall be read in conjunction with this permit and all conditions of the Audit shall form part of this permit.
5. Prior to the commencement of the development a detailed Acoustic Report prepared by a suitably qualified Acoustic Engineer must be submitted to, and approved, by the Responsible Authority. The Report must include:
a. Details of measures necessary to ensure that all dwellings within the development are protected from noise associated with any on-site mechanical plant equipment, consistent with the requirements of the State Environment Protection Policy N-1.
b. Details of measures necessary (including treatment to windows if required) to ensure that internal noise levels of all habitable rooms within the development are limited to a maximum of 45dB(a) in accordance with relevant Australian Standards for acoustic control (including AS3761 - Road Traffic).
c. Details of measures necessary to ensure that dividing walls and floors between dwellings are constructed to limit noise transmission to 45 STC (Sound Transmission Class) in accordance with Part F(5) of the Building Code of Australia.
A copy of the Acoustic Report must be provided to the owner of 1 - 3 Blanche Street Preston. The development must be constructed in accordance with the recommendations of the approved Acoustic Report to the satisfaction of the Responsible Authority.
6. Before the development starts, a report to the satisfaction of the Responsible Authority prepared by a suitably qualified person confirming that the development achieves a minimum five (5) star energy rating using the Sustainable Energy Authority of Victoria `FirstRate' system (or equivalent), must be submitted to the Responsible Authority.
7. The layout of the development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.
a. The development and use does not start within four (2) years from the date of this Permit; or
b. the development is not completed within two (2) years of commencement.
The Responsible Authority may extend the times referred to if a requires is made in writing before this Permit expires or within three (3) months after the expiry date.
9. Before occupation of the development, 62 car spaces must be provided in accordance with the endorsed plans to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose.
10. A sign, to the satisfaction of the Responsible Authority, must be provided directing drivers to the area(s) set aside for visitor car parking and must be located and maintained to the satisfaction of the Responsible Authority. The area of the sign must not exceed 0.3 square metres.
11. Before the development is occupied, vehicular crossing(s) must be constructed to align with approved driveways to the satisfaction of the Responsible Authority. All redundant crossing(s) or crossing opening(s) must be removed and replaced with footpath, naturestrip and kerb and channel to the satisfaction of the Responsible Authority.
12. Disabled access to the building must be provided to the satisfaction of the Responsible Authority. All work carried out to provide disabled access must be constructed in accordance with Australian Standards Design for Access and Mobility:-AS1428.1-1998, AS1428-2 1992, AS1428-3 1992 and AS1428-4 1992.
13. Prior to occupation of the development, car parking must linemarked and allocated, to the satisfaction of the Responsible Authority, as follows:
a. a minimum of 1 space per dwelling for the one and two bedroom apartments;
b. 2 spaces per dwelling for the three bedroom apartments;
c. a minimum of 7 visitor spaces for the residential component of the development;
During times when the showroom use is not operating, the car spaces set aside for their use must be made available for use by visitors of the dwellings. All visitor car spaces must be in common property.
14. The upper floor levels must be confirmed before a Certificate of Occupancy is issued by a report from a licensed land surveyor submitted to the Responsible Authority.
15. With the exception of guttering, rainheads and downpipes, all pipes, fixtures, and fittings servicing the permitted building must be concealed in service ducts or otherwise hidden from view other than with the consent of the Responsible Authority.
16. No plant, equipment, service or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building without the prior written consent of the Responsible Authority.
17. The land must be drained to the satisfaction of the Responsible Authority.
18. Before buildings and works start, a detailed Landscape Plan to the satisfaction of the Responsible Authority must be submitted to, and approved by the Responsible Authority. When the Landscape Plan is approved, it will be endorsed and will then form part of this Permit. The Landscape Plan must be generally in accordance with the Landscape Concept Plan by ERM Drawing No LS1 dated October 2003 and must incorporate as appropriate:
a. a planting schedule of proposed vegetation detailing the botanical name, common name, pot size, sizes at maturity and quantities of all plants;
b. details of all surfaces including lawns, mulched garden beds and hard paving;
c. street trees within the nature strip/s adjacent to the property;
d. all constructed items including the undergrounding of overhead power lines, retaining walls, letter boxes, garbage bin receptacles, outdoor furniture, lighting clotheslines etc;
e. edge treatment between grass (lawn) and garden beds;
f. an outlined of the approved building/s including any basement, the location of entry doors, windows, gates and fences. An outline of buildings on adjoining land, including the location of windows and doors which face the site, must also be shown;
g. the location of both existing and proposed overhead and underground services. Conflict of such services with the existing and proposed planting must be avoided;
h. clear graphics identifying trees (deciduous and evergreen), shrubs, groundcovers and climbers;
The species of all proposed plants selected must be to the satisfaction of the Responsible Authority.
19. The landscaping as shown on the endorsed Landscape Plan for the subject land, and with consent of Council and/or VicTrack for any public road or railway around the periphery of the subject land must be completed to the satisfaction of the Responsible Authority before the development is occupied at such later date as is approved by the Responsible Authority in writing. No later than seven (7) days after the completion of the landscaping, the permit holder must advice Council, in writing, that the landscaping has been completed.
20. The landscaping as shown the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the endorsed Landscape Plan to the satisfaction of the Responsible Authority.
21. Before the dwellings are occupied, an automatic lighting system capable of illuminating all entries, vehicle accessways, car parking spaces and pedestrian walkways must be provided on the land to the satisfaction of the Responsible Authority. All external lighting of the land and buildings shall be designed, baffled and/or located to ensure that no loss of amenity is caused to adjoining and nearby land, to the satisfaction of the Responsible Authority.
22. Prior to occupation of the development, the permit holder shall arrange for the removal of waste and recycled product from the development by a private contractor to the satisfaction of the Responsible Authority. A copy of the collection arrangements must be provided to the Responsible Authority prior to the occupation of the development.
23. All security alarms or similar devices installed on the land must be of a silent type approved by the Standards Association of Australia and be connected to a registered security service.
24. The Body Corporate to be established for the development must oversee the provision of an Access Plan for the development to all tenants/owners. The Access Plan must be prepared in conjunction with Council's TravelSMART Coordinator, to the satisfaction of the Responsible Authority. (For the purposes of this condition an access plan is information in relation public transport and other related services and issues)
25. Prior to the commencement of the development plans and specifications for the construction of the right-of-way adjacent to the site must be submitted to, and approved, by the Responsible Authority. Details must include:
All roadworks must be constructed in accordance with the approved plans and specifications, at the cost of the permit holder, to the satisfaction of the Responsible Authority.
The order of the Tribunal is that the decision of the Responsible Authority is affirmed varied set aside. A permit is granted for 62 dwellings (4 with home offices), offices and associated car parking at 5-9 Blanch Street Preston generally in accordance with the endorsed plans and subject to the following conditions:-
1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plans must be drawn to scale with dimensions and must be generally in accordance with the amended plans circulated prior to the VCAT hearing (Plans by Petridis Cornetta Architects, Drawings TPA01 to TPA14 dated 26 September 2003), but modified to show:
a. Any roof top heating or air conditioning equipment to be detailed on the relevant elevations. Any equipment, which will be visible from the street(s), must be appropriately sited and suitably screened.
b. A comprehensive scheduled of construction materials, external finishes and colours (including colour samples). Materials chosen should require minimal ongoing maintenance.
c. An increase in the areas set aside for garbage, storage and mechanical plant within the car parks, as appropriate to the size of each building.
d. Maximum ramp grades of 1:16 at 90 degrees to car spaces and 1:20 parallel to car spaces.
e. A minimum 2.1 metre height clearance to all car parking areas.
f. All columns within car parking areas to be located between 250mm and 1250mm from the open end of the car spaces, as specified in AS 2890.1-1993 Clause 5.2, to facilitate ease of access and ensure that car doors can be opened.
g. All car spaces adjacent to side walls to have a width of at least 2.7 metres.
h. All car spaces to have a length of at least 4.9 metres.
i. Provision of a one (1) metre aisle extension where car parking is located at the end of a blind aisle, to facilitate ease of access.
j. All visitor/patron car spaces associated with the residential/commercial components of the development located in proximity to the main entrance and clearly linemarked. A suitable security system must be provided to enable ease of access to all car spaces.
k. Provision of a separate numbered storage area for each dwelling within the development.
l. Provision of bicycle racks at a minimum rate of 1 rack per 5 dwellings.
m. A turning area at the far end of the basement car park or reorientation of the spaces to 90 degree parking with a 1 metre aisle extension.
n. Deletion of the architectural fin on the west side of the building, to provide a width of at least 5 metres to the adjoining laneway.
o. The location of potential future advertising signs for the shop tenancy (Note: the display of advertising signs may be subject to further planning permission).
2. The development shall be designed so that the dwellings within the development achieve an average 4 Star energy rating and the development shall incorporate water saving measures and a rainwater tank with associated reticulation for irrigation etc. all to the satisfaction of the responsible authority.
3. Prior to the occupation of the permitted dwellings the permit holder shall complete all works associated with the maximum practical extension of the right turn lane in Bell Street east. to the satisfaction of Vic Roads.
4. No construction or carrying out of buildings and works associated with the development may occur until:
a. A certificate of environmental audit is issued for the land in accordance with Part IXD of the Environment Protection Act 1970; or
b. An environmental auditor appointed under the Environment Protection Act 1970 makes a statement in accordance with Part IXD of the Act that the environmental conditions of the land are suitable for the sensitive use.
c. A copy of the certificate or statement must be supplied to the Responsible Authority.
The Environmental Audit shall be read in conjunction with this permit and all conditions of the Audit shall form part of this permit.
5. Prior to the commencement of the development a detailed Acoustic Report prepared by a suitably qualified Acoustic Engineer must be submitted to, and approved, by the Responsible Authority. The Report must include:
a. Details of measures necessary to ensure that all dwellings within the development are protected from noise associated with any on-site mechanical plant equipment, consistent with the requirements of the State Environment Protection Policy N-1.
b. Details of measures necessary (including treatment to windows if required) to ensure that internal noise levels of all habitable rooms within the development are limited to a maximum of 45dB(a) in accordance with relevant Australian Standards for acoustic control (including AS3761 - Road Traffic).
c. Details of measures necessary to ensure that dividing walls and floors between dwellings are constructed to limit noise transmission to 45 STC (Sound Transmission Class) in accordance with Part F(5) of the Building Code of Australia.
A copy of the Acoustic Report must be provided to the owner of 1 - 3 Blanche Street Preston. The development must be constructed in accordance with the recommendations of the approved Acoustic Report to the satisfaction of the Responsible Authority.
6. Before the development starts, a report to the satisfaction of the Responsible Authority prepared by a suitably qualified person confirming that the development achieves a minimum five (5) star energy rating using the Sustainable Energy Authority of Victoria `FirstRate' system (or equivalent), must be submitted to the Responsible Authority.
7. The layout of the development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.
a. The development and use does not start within four (2) years from the date of this Permit; or
b. the development is not completed within two (2) years of commencement.
The Responsible Authority may extend the times referred to if a requires is made in writing before this Permit expires or within three (3) months after the expiry date.
9. Before occupation of the development 83 car spaces must be provided in accordance with the endorsed plans to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose.
10. A sign, to the satisfaction of the Responsible Authority, must be provided directing drivers to the area(s) set aside for visitor car parking and must be located and maintained to the satisfaction of the Responsible Authority. The area of the sign must not exceed 0.3 square metres.
11. Before the development is occupied, vehicular crossing(s) must be constructed to align with approved driveways to the satisfaction of the Responsible Authority. All redundant crossing(s) or crossing opening(s) must be removed and replaced with footpath, naturestrip and kerb and channel to the satisfaction of the Responsible Authority.
12. Disabled access to the building must be provided to the satisfaction of the Responsible Authority. All work carried out to provide disabled access must be constructed in accordance with Australian Standards Design for Access and Mobility:-AS1428.1-1998, AS1428-2 1992, AS1428-3 1992 and AS1428-4 1992.
13. Prior to occupation of the development, car parking must linemarked and allocated, to the satisfaction of the Responsible Authority, as follows:
a. 1 space per dwelling for the one and two bedroom apartments;
b. 2 spaces per dwelling for the three bedroom apartments;
c. a minimum of 8 visitor spaces for the residential component of the development;
During times when the office use is not operating, the car spaces set aside for their use must be made available for use by visitors of the dwellings. All visitor car spaces must be in common property.
14. The upper floor levels must be confirmed before a Certificate of Occupancy is issued by a report from a licensed land surveyor submitted to the Responsible Authority.
15. With the exception of guttering, rainheads and downpipes, all pipes, fixtures, and fittings servicing the permitted building must be concealed in service ducts or otherwise hidden from view other than with the consent of the Responsible Authority.
16. No plant, equipment, service or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building without the prior written consent of the Responsible Authority.
17. The land must be drained to the satisfaction of the Responsible Authority.
18. Before buildings and works start, a detailed Landscape Plan to the satisfaction of the Responsible Authority must be submitted to, and approved by the Responsible Authority. When the Landscape Plan is approved, it will be endorsed and will then form part of this Permit. The Landscape Plan must be generally in accordance with the Landscape Concept Plan by ERM Drawing No LS1 dated October 2003 and must incorporate as appropriate:
a. a planting schedule of proposed vegetation detailing the botanical name, common name, pot size, sizes at maturity and quantities of all plants;
b. details of all surfaces including lawns, mulched garden beds and hard paving;
c. street trees within the nature strip/s adjacent to the property;
d. all constructed items including the undergrounding of overhead power lines, retaining walls, letter boxes, garbage bin receptacles, outdoor furniture, lighting clotheslines etc;
e. edge treatment between grass (lawn) and garden beds;
f. an outlined of the approved building/s including any basement, the location of entry doors, windows, gates and fences. An outline of buildings on adjoining land, including the location of windows and doors which face the site, must also be shown;
g. the location of both existing and proposed overhead and underground services. Conflict of such services with the existing and proposed planting must be avoided;
h. clear graphics identifying trees (deciduous and evergreen), shrubs, groundcovers and climbers;
The species of all proposed plants selected must be to the satisfaction of the Responsible Authority.
19. The landscaping as shown on the endorsed Landscape Plan for the subject land, and with consent of Council and/or VicTrack for any public road or railway around the periphery of the subject land must be completed to the satisfaction of the Responsible Authority before the development is occupied at such later date as is approved by the Responsible Authority in writing. No later than seven (7) days after the completion of the landscaping, the permit holder must advice Council, in writing, that the landscaping has been completed.
20. The landscaping as shown the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the endorsed Landscape Plan to the satisfaction of the Responsible Authority.
21. Before the dwellings are occupied, an automatic lighting system capable of illuminating all entries, vehicle accessways, car parking spaces and pedestrian walkways must be provided on the land to the satisfaction of the Responsible Authority. All external lighting of the land and buildings shall be designed, baffled and/or located to ensure that no loss of amenity is caused to adjoining and nearby land, to the satisfaction of the Responsible Authority.
22. Prior to occupation of the development, the permit holder shall arrange for the removal of waste and recycled product from the development by a private contractor to the satisfaction of the Responsible Authority. A copy of the collection arrangements must be provided to the Responsible Authority prior to the occupation of the development.
23. All security alarms or similar devices installed on the land must be of a silent type approved by the Standards Association of Australia and be connected to a registered security service.
24. The Body Corporate to be established for the development must oversee the provision of an Access Plan for the development to all tenants/owners. The Access Plan must be prepared in conjunction with Council's TravelSMART Coordinator, to the satisfaction of the Responsible Authority. (For the purposes of this condition an access plan is information in relation public transport and other related services and issues)
25. Prior to the commencement of the development plans and specifications for the construction of the right-of-way adjacent to the site must be submitted to, and approved, by the Responsible Authority. Details must include:
All roadworks must be constructed in accordance with the approved plans and specifications, at the cost of the permit holder, to the satisfaction of the Responsible Authority.
The order of the Tribunal is that the decision of the Responsible Authority is affirmed varied set aside. A permit is granted for 22 dwellings, shop and associated car parking at 363 Bell Street Preston generally in accordance with the endorsed plans and subject to the following conditions:-
1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plans must be drawn to scale with dimensions and must be generally in accordance with the amended plans circulated prior to the VCAT hearing (Plans by Petridis Cornetta Architects, Drawings TPA01 to TPA11 dated 26 September 2003), but modified to show:
a. Any roof top heating or air conditioning equipment to be detailed on the relevant elevations. Any equipment, which will be visible from the street(s), must be appropriately sited and suitably screened.
b. A comprehensive scheduled of construction materials, external finishes and colours (including colour samples). Materials chosen should require minimal ongoing maintenance.
c. An increase in the areas set aside for garbage, storage and mechanical plant within the car parks, as appropriate to the size of each building.
d. Maximum ramp grades of 1:16 at 90 degrees to car spaces and 1:20 parallel to car spaces.
e. A minimum 2.1 metre height clearance to all car parking areas.
f. All columns within car parking areas to be located between 250mm and 1250mm from the open end of the car spaces, as specified in AS 2890.1-1993 Clause 5.2, to facilitate ease of access and ensure that car doors can be opened.
g. All car spaces adjacent to side walls to have a width of at least 2.7 metres.
h. All car spaces to have a length of at least 4.9 metres.
i. Provision of a one (1) metre aisle extension where car parking is located at the end of a blind aisle, to facilitate ease of access.
j. All visitor/patron car spaces associated with the residential/commercial components of the development located in proximity to the main entrance and clearly linemarked. A suitable security system must be provided to enable ease of access to all car spaces.
k. Provision of a separate numbered storage area for each dwelling within the development.
l. Provision of bicycle racks at a minimum rate of 1 rack per 5 dwellings.
m. The veranda along Bell Street setback a minimum of 900mm from the face of the kerb to ensure adequate traffic clearance.
n. The location of potential future advertising signs for the shop tenancy (Note: the display of advertising signs may be subject to further planning permission).
2. The development shall be designed so that the dwellings within the development achieve an average 4 Star energy rating and the development shall incorporate water saving measures and a rainwater tank with associated reticulation for irrigation etc. all to the satisfaction of the responsible authority.
3. Prior to the occupation of the permitted dwellings the permit holder shall complete all works associated with the maximum practical extension of the right turn lane in Bell Street east. to the satisfaction of Vic Roads.
4. No construction or carrying out of buildings and works associated with the development may occur until:
a. A certificate of environmental audit is issued for the land in accordance with Part IXD of the Environment Protection Act 1970; or
b. An environmental auditor appointed under the Environment Protection Act 1970 makes a statement in accordance with Part IXD of the Act that the environmental conditions of the land are suitable for the sensitive use.
c. A copy of the certificate or statement must be supplied to the Responsible Authority.
The Environmental Audit shall be read in conjunction with this permit and all conditions of the Audit shall form part of this permit.
5. Prior to the commencement of the development a detailed Acoustic Report prepared by a suitably qualified Acoustic Engineer must be submitted to, and approved, by the Responsible Authority. The Report must include:
a. Details of measures necessary to ensure that all dwellings within the development are protected from noise associated with any on-site mechanical plant equipment, consistent with the requirements of the State Environment Protection Policy N-1.
b. Details of measures necessary (including treatment to windows if required) to ensure that internal noise levels of all habitable rooms within the development are limited to a maximum of 45dB(a) in accordance with relevant Australian Standards for acoustic control (including AS3761 - Road Traffic).
c. Details of measures necessary to ensure that dividing walls and floors between dwellings are constructed to limit noise transmission to 45 STC (Sound Transmission Class) in accordance with Part F(5) of the Building Code of Australia.
A copy of the Acoustic Report must be provided to the owner of 1 - 3 Blanche Street Preston. The development must be constructed in accordance with the recommendations of the approved Acoustic Report to the satisfaction of the Responsible Authority.
6. Before the development starts, a report to the satisfaction of the Responsible Authority prepared by a suitably qualified person confirming that the development achieves a minimum five (5) star energy rating using the Sustainable Energy Authority of Victoria `FirstRate' system (or equivalent), must be submitted to the Responsible Authority.
7. The layout of the development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.
a. The development and use does not start within four (2) years from the date of this Permit; or
b. the development is not completed within two (2) years of commencement.
The Responsible Authority may extend the times referred to if a requires is made in writing before this Permit expires or within three (3) months after the expiry date.
9. Before occupation of the development, 37 car spaces must be provided in accordance with the endorsed plans to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose.
10. A sign, to the satisfaction of the Responsible Authority, must be provided directing drivers to the area(s) set aside for visitor car parking and must be located and maintained to the satisfaction of the Responsible Authority. The area of the sign must not exceed 0.3 square metres.
11. Before the development is occupied, vehicular crossing(s) must be constructed to align with approved driveways to the satisfaction of the Responsible Authority. All redundant crossing(s) or crossing opening(s) must be removed and replaced with footpath, naturestrip and kerb and channel to the satisfaction of the Responsible Authority.
12. Disabled access to the building must be provided to the satisfaction of the Responsible Authority. All work carried out to provide disabled access must be constructed in accordance with Australian Standards Design for Access and Mobility:-AS1428.1-1998, AS1428-2 1992, AS1428-3 1992 and AS1428-4 1992.
13. Prior to occupation of the development, car parking must linemarked and allocated, to the satisfaction of the Responsible Authority, as follows:
a. 1 space per dwelling for the one and two bedroom apartments;
b. 2 spaces per dwelling for the three bedroom apartments;
c. a minimum of 2 visitor spaces for the residential component of the development;
During times when the shop use is not operating, the car spaces set aside for their use must be made available for use by visitors of the dwellings. All visitor car spaces must be in common property.
14. The upper floor levels must be confirmed before a Certificate of Occupancy is issued by a report from a licensed land surveyor submitted to the Responsible Authority.
15. With the exception of guttering, rainheads and downpipes, all pipes, fixtures, and fittings servicing the permitted building must be concealed in service ducts or otherwise hidden from view other than with the consent of the Responsible Authority.
16. No plant, equipment, service or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building without the prior written consent of the Responsible Authority.
17. The land must be drained to the satisfaction of the Responsible Authority.
18. Before buildings and works start, a detailed Landscape Plan to the satisfaction of the Responsible Authority must be submitted to, and approved by the Responsible Authority. When the Landscape Plan is approved, it will be endorsed and will then form part of this Permit. The Landscape Plan must be generally in accordance with the Landscape Concept Plan by ERM Drawing No LS1 dated October 2003 and must incorporate as appropriate:
a. a planting schedule of proposed vegetation detailing the botanical name, common name, pot size, sizes at maturity and quantities of all plants;
b. details of all surfaces including lawns, mulched garden beds and hard paving;
c. street trees within the nature strip/s adjacent to the property;
d. all constructed items including the undergrounding of overhead power lines, retaining walls, letter boxes, garbage bin receptacles, outdoor furniture, lighting clotheslines etc;
e. edge treatment between grass (lawn) and garden beds;
f. an outlined of the approved building/s including any basement, the location of entry doors, windows, gates and fences. An outline of buildings on adjoining land, including the location of windows and doors which face the site, must also be shown;
g. the location of both existing and proposed overhead and underground services. Conflict of such services with the existing and proposed planting must be avoided;
h. clear graphics identifying trees (deciduous and evergreen), shrubs, groundcovers and climbers;
The species of all proposed plants selected must be to the satisfaction of the Responsible Authority.
19. The landscaping as shown on the endorsed Landscape Plan for the subject land, and with consent of Council and/or VicTrack for any public road or railway around the periphery of the subject land must be completed to the satisfaction of the Responsible Authority before the development is occupied at such later date as is approved by the Responsible Authority in writing. No later than seven (7) days after the completion of the landscaping, the permit holder must advice Council, in writing, that the landscaping has been completed.
20. The landscaping as shown the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the endorsed Landscape Plan to the satisfaction of the Responsible Authority.
21. Before the dwellings are occupied, an automatic lighting system capable of illuminating all entries, vehicle accessways, car parking spaces and pedestrian walkways must be provided on the land to the satisfaction of the Responsible Authority. All external lighting of the land and buildings shall be designed, baffled and/or located to ensure that no loss of amenity is caused to adjoining and nearby land, to the satisfaction of the Responsible Authority.
22. Prior to occupation of the development, the permit holder shall arrange for the removal of waste and recycled product from the development by a private contractor to the satisfaction of the Responsible Authority. A copy of the collection arrangements must be provided to the Responsible Authority prior to the occupation of the development.
23. All security alarms or similar devices installed on the land must be of a silent type approved by the Standards Association of Australia and be connected to a registered security service.
24. The Body Corporate to be established for the development must oversee the provision of an Access Plan for the development to all tenants/owners. The Access Plan must be prepared in conjunction with Council's TravelSMART Coordinator, to the satisfaction of the Responsible Authority. (For the purposes of this condition an access plan is information in relation public transport and other related services and issues)
25. No drainage or effluent shall enter the VicTrack property without prior approval.
26. No excavation, filling or construction shall take place on the common boundary with VicTrack without its prior approval and then on conditions set by it.
27. Entry onto VicTrack land shall be at the discretion of VicTrack and shall be subject to any conditions imposed by it.
The order of the Tribunal is that the decision of the Responsible Authority is affirmed varied set aside. A permit is granted for 25 dwellings (3 with home offices), café, take away food premises and associated car parking at 2-6 Isaacs Street Preston generally in accordance with the endorsed plans and subject to the following conditions:-
1. Before the development starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. The plans must be drawn to scale with dimensions and must be generally in accordance with the amended plans circulated prior to the VCAT hearing (Plans by Petridis Cornetta Architects, Drawings TPA01 to TPA10 dated 26 September 2003), but modified to show:
a. Any roof top heating or air conditioning equipment to be detailed on the relevant elevations. Any equipment, which will be visible from the street(s), must be appropriately sited and suitably screened.
b. A comprehensive scheduled of construction materials, external finishes and colours (including colour samples). Materials chosen should require minimal ongoing maintenance.
c. An increase in the areas set aside for garbage, storage and mechanical plant within the car parks, as appropriate to the size of each building.
d. Maximum ramp grades of 1:16 at 90 degrees to car spaces and 1:20 parallel to car spaces.
e. A minimum 2.1 metre height clearance to all car parking areas.
f. All columns within car parking areas to be located between 250mm and 1250mm from the open end of the car spaces, as specified in AS 2890.1-1993 Clause 5.2, to facilitate ease of access and ensure that car doors can be opened.
g. All car spaces adjacent to side walls to have a width of at least 2.7 metres.
h. All car spaces to have a length of at least 4.9 metres.
i. Provision of a one (1) metre aisle extension where car parking is located at the end of a blind aisle, to facilitate ease of access.
j. All visitor/patron car spaces associated with the residential/commercial components of the development located in proximity to the main entrance and clearly linemarked. A suitable security system must be provided to enable ease of access to all car spaces.
k. Provision of a separate numbered storage area for each dwelling within the development.
l. Provision of bicycle racks at a minimum rate of 1 rack per 5 dwellings.
m. The location of potential future advertising signs for the café/take-away tenancy (Note: the display of advertising signs may be subject to further planning permission).
2. The development shall be designed so that the dwellings within the development achieve an average 4 Star energy rating and the development shall incorporate water saving measures and a rainwater tank with associated reticulation for irrigation etc. all to the satisfaction of the responsible authority.
3. Prior to the occupation of the permitted dwellings the permit holder shall complete all works associated with the maximum practical extension of the right turn lane in Bell Street east. to the satisfaction of Vic Roads.
4. No construction or carrying out of buildings and works associated with the development may occur until:
a. A certificate of environmental audit is issued for the land in accordance with Part IXD of the Environment Protection Act 1970; or
b. An environmental auditor appointed under the Environment Protection Act 1970 makes a statement in accordance with Part IXD of the Act that the environmental conditions of the land are suitable for the sensitive use.
c. A copy of the certificate or statement must be supplied to the Responsible Authority.
The Environmental Audit shall be read in conjunction with this permit and all conditions of the Audit shall form part of this permit.
5. Prior to the commencement of the development a detailed Acoustic Report prepared by a suitably qualified Acoustic Engineer must be submitted to, and approved, by the Responsible Authority. The Report must include:
a. Details of measures necessary to ensure that all dwellings within the development are protected from noise associated with any on-site mechanical plant equipment, consistent with the requirements of the State Environment Protection Policy N-1.
b. Details of measures necessary (including treatment to windows if required) to ensure that internal noise levels of all habitable rooms within the development are limited to a maximum of 45dB(a) in accordance with relevant Australian Standards for acoustic control (including AS3761 - Road Traffic).
c. Details of measures necessary to ensure that dividing walls and floors between dwellings are constructed to limit noise transmission to 45 STC (Sound Transmission Class) in accordance with Part F(5) of the Building Code of Australia.
A copy of the Acoustic Report must be provided to the owner of 1 - 3 Blanche Street Preston. The development must be constructed in accordance with the recommendations of the approved Acoustic Report to the satisfaction of the Responsible Authority.
6. Before the development starts, a report to the satisfaction of the Responsible Authority prepared by a suitably qualified person confirming that the development achieves a minimum five (5) star energy rating using the Sustainable Energy Authority of Victoria `FirstRate' system (or equivalent), must be submitted to the Responsible Authority.
7. The layout of the development as shown on the endorsed plans must not be altered without the prior written consent of the Responsible Authority.
a. The development and use does not start within four (2) years from the date of this Permit; or
b. the development is not completed within two (2) years of commencement.
The Responsible Authority may extend the times referred to if a requires is made in writing before this Permit expires or within three (3) months after the expiry date.
9. Before occupation of the development, 51 car spaces must be provided in accordance with the endorsed plans to the satisfaction of the Responsible Authority. Car spaces, access lanes and driveways shown on the endorsed plans must not be used for any other purpose.
10. A sign, to the satisfaction of the Responsible Authority, must be provided directing drivers to the area(s) set aside for visitor car parking and must be located and maintained to the satisfaction of the Responsible Authority. The area of the sign must not exceed 0.3 square metres.
11. Before the development is occupied, vehicular crossing(s) must be constructed to align with approved driveways to the satisfaction of the Responsible Authority. All redundant crossing(s) or crossing opening(s) must be removed and replaced with footpath, naturestrip and kerb and channel to the satisfaction of the Responsible Authority.
12. Disabled access to the building must be provided to the satisfaction of the Responsible Authority. All work carried out to provide disabled access must be constructed in accordance with Australian Standards Design for Access and Mobility:-AS1428.1-1998, AS1428-2 1992, AS1428-3 1992 and AS1428-4 1992.
13. Prior to occupation of the development, car parking must linemarked and allocated, to the satisfaction of the Responsible Authority, as follows:
a. a minimum of 1 space per dwelling for the one and two bedroom apartments;
b. a minimum of 2 spaces per dwelling for the three bedroom apartments;
c. a minimum of 5 visitor spaces for the residential component of the development;
During times when the café/takeaway use is not operating, the car spaces set aside for their use must be made available for use by visitors of the dwellings. All visitor car spaces must be in common property.
14. The upper floor levels must be confirmed before a Certificate of Occupancy is issued by a report from a licensed land surveyor submitted to the Responsible Authority.
15. With the exception of guttering, rainheads and downpipes, all pipes, fixtures, and fittings servicing the permitted building must be concealed in service ducts or otherwise hidden from view other than with the consent of the Responsible Authority.
16. No plant, equipment, service or architectural features other than those shown on the endorsed plans are permitted above the roof level of the building without the prior written consent of the Responsible Authority.
17. The land must be drained to the satisfaction of the Responsible Authority.
18. Before buildings and works start, a detailed Landscape Plan to the satisfaction of the Responsible Authority must be submitted to, and approved by the Responsible Authority. When the Landscape Plan is approved, it will be endorsed and will then form part of this Permit. The Landscape Plan must be generally in accordance with the Landscape Concept Plan by ERM Drawing No LS1 dated October 2003 and must incorporate as appropriate:
a. a planting schedule of proposed vegetation detailing the botanical name, common name, pot size, sizes at maturity and quantities of all plants;
b. details of all surfaces including lawns, mulched garden beds and hard paving;
c. street trees within the nature strip/s adjacent to the property;
d. all constructed items including the undergrounding of overhead power lines, retaining walls, letter boxes, garbage bin receptacles, outdoor furniture, lighting clotheslines etc;
e. edge treatment between grass (lawn) and garden beds;
f. an outlined of the approved building/s including any basement, the location of entry doors, windows, gates and fences. An outline of buildings on adjoining land, including the location of windows and doors which face the site, must also be shown;
g. the location of both existing and proposed overhead and underground services. Conflict of such services with the existing and proposed planting must be avoided;
h. clear graphics identifying trees (deciduous and evergreen), shrubs, groundcovers and climbers;
The species of all proposed plants selected must be to the satisfaction of the Responsible Authority.
19. The landscaping as shown on the endorsed Landscape Plan for the subject land, and with consent of Council and/or VicTrack for any public road or railway around the periphery of the subject land must be completed to the satisfaction of the Responsible Authority before the development is occupied at such later date as is approved by the Responsible Authority in writing. No later than seven (7) days after the completion of the landscaping, the permit holder must advice Council, in writing, that the landscaping has been completed.
20. The landscaping as shown the endorsed Landscape Plan must be maintained, and any dead, diseased or damaged plant replaced in accordance with the endorsed Landscape Plan to the satisfaction of the Responsible Authority.
21. Before the dwellings are occupied, an automatic lighting system capable of illuminating all entries, vehicle accessways, car parking spaces and pedestrian walkways must be provided on the land to the satisfaction of the Responsible Authority. All external lighting of the land and buildings shall be designed, baffled and/or located to ensure that no loss of amenity is caused to adjoining and nearby land, to the satisfaction of the Responsible Authority.
22. Prior to occupation of the development, the permit holder shall arrange for the removal of waste and recycled product from the development by a private contractor to the satisfaction of the Responsible Authority. A copy of the collection arrangements must be provided to the Responsible Authority prior to the occupation of the development.
23. All security alarms or similar devices installed on the land must be of a silent type approved by the Standards Association of Australia and be connected to a registered security service.
24. The Body Corporate to be established for the development must oversee the provision of an Access Plan for the development to all tenants/owners. The Access Plan must be prepared in conjunction with Council's TravelSMART Coordinator, to the satisfaction of the Responsible Authority. (For the purposes of this condition an access plan is information in relation public transport and other related services and issues)
25. Prior to the commencement of the development plans and specifications for the construction of the right-of-way adjacent to the site must be submitted to, and approved, by the Responsible Authority. Details must include:
All roadworks must be constructed in accordance with the approved plans and specifications, at the cost of the permit holder, to the satisfaction of the Responsible Authority.
26. The total number of seats available to the public for the combined takeaway/café premises must not exceed fifty-two (52) without the further written consent of the Responsible Authority.
27. Except with the written consent of the responsible authority, the café/take-away use must operate only between 7.00am and 12.00 midnight
The Responsible Authority is directed to issue a permits in accordance with these orders under the provisions of Section 85(1)(b) of the Planning and Environment Act 1987.
Ms Adrianne Kellock, Town Planner. Ms Kellock called Mr Craig Czarny, Urban Designer, as a witness in support of her submissions.
Mr Giovanni Gattini, Town Planner, for the other Respondents.
Mr Cicero called Mr George Petridis, Architect, Mr Robert McGauran, Architect,
Mr Allan Wyatt, Landscape Architect, as witnesses in support of his submissions.
1 These are applications to review the failure of the Responsible Authority to grant permits within the prescribed time in relation to four separate permit applications for multi level mix use buildings on land south of Bell Street near St Georges Road in Preston. These projects can be briefly described as follows:
* 367 Bell Street - A seven (7) storey building, comprising 35 dwellings and a showroom, and 62 car spaces at ground and first floor level. (P1466/2003)
* 5-9 Blanch Street - An ten (10) storey building, comprising a Real Estate office, Building Superintendents office and 62 dwellings (4 with home offices),and 83 car spaces at basement and ground floor level. (P1467/2003)
* 363 Bell Street - A five (5) storey building, comprising 22 dwellings and retention of an existing shop that fronts Bell Street, and 37 car spaces at ground and first floor level. (P1468/2003)
* 2-6 Isaacs Street - A five (5) storey building, comprising a café, take away food premises and 25 dwellings (3 with home offices), and 51 car spaces at basement and ground floor level. (P1469/2003)
2 The Responsible Authority ultimately decided that it could not support any of the four proposals for the following reasons:
1 The proposed development provides for a poor level of internal residential amenity.
2 The proposed design does not respond appropriately to the opportunities and constraints of the site.
3 The proposed interface between the building and the public realm (streetscape) is undesirable.
4 The proposal provides for a lack of compliance with Council's adopted Multi-Level Residential and Mixed Use Development Policy and Urban Character Study.
5 The proposal will impact on the traffic movement within the surrounding road network.
With the following additional reason in relation to 363 Bell Street
6 The proposal does not satisfactorily respond to the interface between the building and the railway reserve and station
Nevertheless at the same time the Responsible Authority resolved that the permit applicant be advised:
* Council is not opposed to the concept of higher density development on the site provided the development achieves a high quality design.
* Council would prefer that all four sites that form part of the applications D997/02, D998/02, D999/02 and D8/03 be considered as one integrated development.
3 The parties and the witnesses at the hearing of these applications for review relied on both written and oral submissions and a number of photographs, plans and other documents were tendered to the Tribunal. The Tribunal inspected the subject sites and its locality.
4 At the commencement of the hearing Mr Cicero applied to amend each of the permit applications by the substitution of amending plans as foreshadowed by notice given in accordance with the Tribunal's Practice Directions. No party opposed the amendment of the permit applications in this way and the Tribunal ordered the amendment of the permit applications in accordance with Mr Cicero's request.
5 The following extract from Ms Kellock's submission provides a quite detailed description of the locality, and the subject sites:
The subject land comprises four (4) individual properties known as 363 Bell Street, 367 Bell Street, 5 - 9 Blanch Street and 2 - 6 Isaacs Street. The combined sites are located within a precinct bounded by:
The sites occupy a total area of approximately 5,150m2 and have frontages to Bell, Isaacs, Peter and Blanch streets.
The precinct is located approximately 150 metres east of the intersection of Bell Street and St Georges Road and 250 metres west of the junction of Bell and High streets.
The land is relatively well located with respect to public transport, open space, shopping and community facilities. Approximate distances from the precinct (most direct pedestrian route) to nearby services and facilities are as follows:
s A tram route extends along Plenty Road, 550 metres to the east.
s Bus route No. 513 adjoins the site on Bell Street. It provides access to Eltham and Glenroy via a number of train stations.
s South Preston Shopping Centre is located at the intersection of Plenty Road and High Street, 1100 metres to the south-east. This centre incorporates a supermarket and convenience shops.
s Preston Shopping Centre and Market are 1150 metres to the north, adjoining Preston train station. The centre contains a wide range of retail facilities including two supermarkets and numerous specialty shops.
s The Darebin Arts & Entertainment Centre is to the immediate west.
s Ray Bramham Gardens is to the immediate south-east.
s The Northern Melbourne Institute of TAFE, Preston Campus, is 250 metres to the north-east.
s The Darebin Council Offices, Library and Child Care Centre are 1050 metres to the north.
s There are a number of schools within a 2 kilometre radius of the site, including St Josephs Greek Orthodox College (200 metres to the south.)
The four (4) properties that form part of the subject site, apart from a portion of the land at No. 363 Bell Street which contains a shop, were occupied until relatively recently by Ararat Building Supplies. The land contained an open sand/screening sales yard, open bin storage area, building materials sales area and a warehouse.
This allotment extends along the western side of Bell train station and occupies an area of approximately 1008m2. It is irregular in shape and dimensions and narrows towards its southern end. The land has a substantial frontage of about 65.3 metres to Blanch Street and a narrow frontage of about 15.4 metres to Bell Street.
A single storey shop, with a floor area of approximately 200m2 is sited on the northern part of the land abutting Bell Street. Planning Permit No. D171/00 was issued for the construction of this building in July 2000. The endorsed plans require the provision of a 16 space sealed car park at the rear, with vehicle access via Blanch Street.
The southern part of the land was occupied until recently by Ararat Building Supplies and is currently vacant. Pedestrian access to the railway station is provided from Blanch Street via a paved pathway that extends along the southern boundary of the land.
The land has a maximum fall of approximately 1.5 metres from its southern end towards Bell Street.
This property is sited on the south-western corner of Blanch and Bell streets. The land is relatively regular in shape and comprises an area of approximately 1292m2. It has frontages of 38.7 and 33.3 metres to Bell and Blanch streets respectively.
Vehicle access to the land is available via both street frontages. An unmade right of-way extends from Blanch Street along the southern boundary of the land.
The land contains a two storey building located adjoining the southern boundary. The building is currently being renovated and the applicant has advised that it intends to use the premises as an office in the short term (i.e. until the outcome of the application for review is known).
This allotment, located on the north-western corner of Blanch and Isaacs streets, comprises an area of approximately 1224m2. The land is relatively regular in shape, with frontages of 36.4 and 33.3 metres to Isaacs and Blanch streets respectively.
The land has a maximum fall of about 600mm from north to south. It is devoid of vegetation and currently vacant.
Vehicle access to the land is available via both Isaacs and Blanch Streets. Right-of-ways extend along the north and west boundaries of the site.
This property is sited on the north-eastern corner of Isaacs and Peter streets. It is slightly irregular in shape and has an area of about 1604m2. The land has a 37.6 metre frontage to Peter Street and a 42.7 metre frontage to Isaacs Street.
The land has a maximum fall of about 950mm from the north-eastern corner to south-western corner. It contains two (2) warehouse buildings that appear to still be occupied by Ararat Building Supplies.
Vehicle access to the land is available via Isaacs Street. A right-of-way extends along the eastern boundary and part of the northern boundary (eastern end).
6 At the resumption of the hearing on Friday 14 November 2003, the Tribunal gave oral reasons for its decision to set aside the decisions of the Responsible Authority and to direct the grant of a permit in respect of each of these applications for review. A summary of the Tribunal's reasons is set out below.
7 While collectively this is a large scale project, in many respects the issues in dispute, while important, are nevertheless relatively limited in their scope. The Responsible Authority is of the view that these sites can be intensively developed, and this is essentially conceded by the other parties. In these applications the primary issue is whether or not the intensity of the subject developments are acceptable, and we believe that this question can be usefully explored under the following broad headings:
* The intensity of development, in particular the height of the proposed buildings.
* The impact of the proposals on nearby land uses.
8 The subject sites have unusual, and advantageous locational characteristics. Mr McGauran, described the sites as being an island within an island. These sites exists within an isolated pocket of properties which other than for the uses occupying the subject sites include three commercial/industrial premises and three dwellings, all surrounded by Bell Street to the north, the Darebin Arts Centre to the west, St John's College to the south, and the Epping railway line and Bell Station to the east. The effect of this is that neighbouring land uses impose only minor constraints on the opportunities for redevelopment of these sites.
9 In a broader context these island sites are also very well located from a urban planning prospective. The sites are well served by public transport, including heavy rail with Bell Station adjoining 363 Bell Street. The Preston Activity Centre, the Northern College of TAFE, the Darebin Arts Centre and the mixed use development of High Street, are all within close proximity.
10 It is these characteristics which inform the generally accepted view that these sites are capable of intensive development. We agree with Mr Cicero's submission that when considered in the context of Melbourne 2030, these characteristics mean that one would need a good reason to reduce the level of development below that which could be achieved without undue off site effects.
11 We do not agree that the proposal is being considered in a policy vacuum at the local level. Indeed, proposed clause 22.08 - Multi Level Residential and Mixed Use Development, is based on an existing interim policy which we believe is intended to apply to sites and projects such as this. This policy provides an adequate basis for assessment of such proposals, and in this case provides a basis for concluding that the proposal is consistent with the Local Planning Policy Framework.
12 The Responsible Authority's and others opposition to the height of the present proposal seems to be closely related to the strategies which have been developed for High Street, which propose building heights varying from four to eight storeys, and with the eight storey limit only applying to the gateway location at the intersection of High and Bell Streets. There was the opinion that in an hierarchal sense it is inappropriate for development on these sites outside this High Street corridor, having buildings higher than the maximum height envisaged within that development precinct. Mr Czarny argued that five to six storeys should be the maximum height in this locality having regard to hierarchical or contextual framework.
13 Except for the building at 363 Bell Street, the height of which was acceptable to Mr Czarny, all of the proposed buildings include the upper two levels within an curved roof structure. All of the buildings have a classic approach to the design of medium to high rise buildings, that is they have a strong base, a middle section and a top. In relation to the 367 Bell Street buildings, we think it is difficult to conclude that the proposed buildings are unacceptably tall having regard to the overall scale of the upper floors. In relation to the ten storey building, it is set behind these slightly smaller structures, within a precinct whose character is being created by this proposed redevelopment, in our view it will only be perceived as a "landmark" building within the confines of the precinct itself.. We think that the hierarchal argument is misguided, and that these buildings are appropriate in terms of their height and mass in this island location.
14 Mr Czarny was critical of the active street frontages (or the lack of active street frontages) in respect of the building at 363 Bell Street and at 367 Bell Street. In relation to 363 Bell Street, we agree that the dominance of the car parking levels from Blanch Street is regrettable, but in many respects this is an inevitable consequence of the site's characteristics. The amending plans have worked hard to articulate the facades of this building when viewed both from Blanch Street and Bell Station, and we think this has been successful. In relation to 367 Bell Street, we just do not agree with Mr Czarny's assessment of the impact of the first floor level louvres screening car parking at that level from the Bell Street perspective, we prefer Mr McGauran's analysis of the design, and believe that the lower two levels of the buildings will be perceived as a strong commercial shop front when viewed from Bell Street.
15 In addition to the debate about the height and scale of these buildings there was some criticism of the architecture and in particular the uniform character of the building again we prefer Mr McGauran's analysis of the design, it is not inappropriate that the building derive from the same architectural family in a general sense. At the ground plane the building are very different because of the mix of land uses proposed at this level..
16 An aspect of the amending plans is Mr Wyatt's proposals for landscaping, in particular within the public realm, of Blanch Street, Isaac Street, and Bell Station. These proposals will contribute to a very significant improvement to the amenity of this precinct as a whole. Mr Wyatt's design for Blanch Street between Bell and Isaac Street does result in the loss of three car spaces, we consider such a loss to be immaterial when you consider that these proposed developments provide car parking on site and replace land uses which essentially relied on the local streets for car parking. The undergrounding of the power line, and the landscaping and paving work proposed by Mr Wyatt within the public realm have much to commend them, but ultimately these works can only proceed subject to the consent of the council, and presumably the power company. We would urge the council to favourably consider these or similar measures.
17 Three of the four buildings proposed will have apartments with only a southern aspect, together with some corner apartments which either have a south and east or a south and west aspect. For these dwellings there are obviously implications in relation to sunlight penetration into the dwellings themselves and on to their balconies. It is almost inevitable that in large scale developments such as this, some dwellings will face south. In this case views to the south towards the city skyline are likely to be the a valued attribute of south facing dwellings on these sites, and these building will be less exposed to traffic noise. We are satisfied that the dwellings in these buildings with a southern aspect will provide a satisfactory degree of amenity to future residents, notwithstanding the lack of any northern aspect.
18 Ms Kellock drew our attention to a number of secondary bedrooms which had windows inset into the building with rather narrow openings, we acknowledge that in some respects this is not an ideal design solution, but accept Mr McGauran's view that design solutions such as this are practical approaches to the achievement of efficient design in buildings such as this.
19 There will be some overlooking of lower level terraces by upper level balconies but we do not believe that this is an unacceptable outcome in multi level apartment buildings where the adverse effects of privacy measures would outweigh any benefit..
20 Mr Clarke in his evidence argued that a reasonable approach to environmentally sustainable design, in the context of these projects, was to adopt the standards, which are likely to be incorporated into the Building Code of Australia (BCA), as interim standards, in July 2004. It is likely that from July 2005, a five star rating will be mandatory under the BCA. However, we do not agree that there is any particular justification in this case to move ahead of the staged introduction of more stringent environmental standards in accordance with the program agreed by Government. We note that in any event once introduced into the BCA, any of these buildings which have not received building approval, prior to July 2005, will be subject to the more stringent controls.
21 Vic Roads were seeking a requirement the Applicants in these cases implement certain road works and related measures in association with these developments. All but one of the proposed measure were contested, our conclusions in relation to the matters being contested are discussed below.
22 Vic Roads wished the Applicant to be required to
* provide an additional right turn lane in the northern (St Georges Road) approach to the Bell Street and St Georges Road intersection,
* close the U-turn median break in Bell Street, and
* review the safety of the operation of the Blanch Street intersection with Bell Street with the ultimate possibility of closing the medium break in this location.
23 The proposed developments will have some effect on the function and safety of each of these elements in the nearby road network. In relation to the issue of function we are of the view that the traffic volumes likely to arise from the proposal are not of sufficient to warrant the changes proposed by Vic Roads, and we accept Mrs Partenio's submissions in this regard. In relation to the issues of safety, new traffic arising from the proposed developments will have some effect, but the safety issues of concern already exist, and the solutions are ultimately in the hands of the road authorities, and effect a wider group of persons than the Applicant and the future residents of the Applicant's proposed developments. For these reasons we do not think the Applicant should be required to do more than extend the length of the right turn lane in Bell Street. We note that the proposals to upgrade Blanch Street for the purposes of the landscape plan would facilitate future changes to the Blanch Street intersection, if it is ultimately decided that the median break should be closed.
24 Mr Gattini's clients were in particular concerned about the impact of the proposed developments on the continued operation of their commercial enterprises. Issues of concern include
* The likelihood that new residents would complain about industrial noise.
* The loss of on street car parking and loading bays inherent in Mr Wyatt's proposals for the improvements to the public domain.
* Issues associated with the construction and future use of the laneways affected by the proposals.
25 Having regard to the zone and the broader strategic context, this is not a locality where one would conclude that the existence of commercial enterprises such as Tip Top Plastics, should be seen as a fundamental obstacle to redevelopment of the type before the Tribunal. However, we note that the proposed conditions of permit include conditions in respect of noise attenuation measures in the proposed dwellings and we consider that this is a reasonable outcome in this context. We will require that a copy of the acoustic report required will be provided to the owner of this land.
26 We have already observed that we are supporters of Mr Wyatt's proposals for the upgrading of the public realm, and that includes the proposals to change the number and layout of car parking and loading bays. However, this is ultimately not a matter to be decided by the Tribunal.
27 The partial construction of laneways in this locality in association with these developments can only enhance their usefulness, we do not think that there is any justification for the proposal to relocate car parking entries, to facilitate the use of existing laneways for the unloading of semi trailers.
28 In an overall sense there is in our view ample space within this very local network of roads and lanes to service the car parking and loading needs of this precinct, The management of this is a responsibility of the council.
29 While the occupants of the three dwellings on the south side of Isaac Street were not parties to these applications, we think that the proposed development has responded to their existence to the extent that this is appropriate in the context of this particular locality and its strategic importance.
30 It is our conclusion that the subject sites and their immediate environs constitute a precinct in which there are unusually few constraints on intensive urban development. The development as proposed is in our view a development which responds appropriately to the strategic planning context within which the redevelopment of these sites should take place. Ultimately we are of the view that if all these sites are redeveloped as proposed, it will be an exciting example of urban renewal and transform the quality of this locality.
Bamfra Nominees PL
Darebin CC [2003] VCAT 1741