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Document No. Document Form Prepared By Reviewed By Dated

1. Draft T. Hamilton T. Retrot 30 May 2016

2. Final Draft T. Hamilton T. Retrot 25 June 2016

3. Final T. Hamilton T. Retrot 31 August 2016

4. Revised for Council T. Hamilton T. Retrot 25 May 2017

5. s57A Revision T. Hamilton T. Retrot 02 October 2018

Disclaimer

proUrban has taken all professional care to ensure that this document is current at the time of writing.

proUrban accepts no liability for any loss or damages incurred as a result of reliance placed upon its content.

© proUrban Advisory, Planning & Management Pty Ltd

This document is subject to copyright. Use or copying of this document in whole or in part, without the written permission of proUrban will constitute an infringement of copyright.

• proUrban Planning I 180529 - 33-35 Stewart Street, Richmond - proUrban 557A Planning Report 2

Table of Contents

1 Introduction 5

1.1 Purpose of Report 5

2 Site Context 6

2.1 Site Description 6

2.2 Existing Conditions 6

2.3 Site Interfaces 8

2.4 Urban Context 9

2.4.1 Locality 9

2.4.2 Built Form, Scale and Rhythm 9

2.4.3 The Public Realm 10

2.4.4 Surrounding Development and Social & Economic Activity 10

2.4.5 Transport Connectivity 10

2.4.6 Topography and Views 11

3 Proposed Development 12

3.1 Land Use 12

3.2 Built Form 12

3.2.1 Design Response Error! Bookmark not defined.

3.3 Tribunal Commentary 13

3.3.1 Scale and character 13

3.3.2 Strategic Redevelopment Sites 13

3.3.3 Heritage 14

3.3.4 Conclusion 14

4 Statutory Planning Controls 15

4.1 Zoning 15 4.2 Overlays 15

4.2.1 Heritage Overlay - Schedule 332 15

4.2.2 Environmental Audit Overlay 16

4.3 Particular Provisions 17

4.3.1 Easements, Restrictions and Reserves 17

4.3.2 Car Parking 17

4.3.3 Loading and Unloading Error! Bookmark not defined.

4.3.4 Bicycle Facilities 18

4.3.5 Urban Context Report and Design Response Error! Bookmark not defined.

5 Planning Permit Requirements 19

5.1 Land use 19

5.2 Building and works 19

5.3 Other considerations 19

5.4 Notice and review 19

6 Relevant Planning Policy 20

6.1 Plan Melbourne 20

6.2 State Planning Policy Framework 20

6.3 Local Planning Policy Framework 21

6.3.1 Municipal Strategic Statement 21

6.3.2 Local Planning Policy 23

6.3.3 Strategic Documents 25

7 Planning Assessment 27

7.1 Urban Consolidation & Strategic Planning Policy Objectives 27

7.2 Land Use & Activity 27

7.2.1 Commercial / office / retail 27

7.2.2 Housing Error! Bookmark not defined.

proUrban Planning 118o529 - 33-35 Stewart Street, Richmond - proUrban 557A Planning Report

7.2.3 Conclusion 28

7.3 Built Form, Design and Heritage 28 7.3.1 Building height 28 7.3.2 Architectural Form & Design 29 7.3.3 Heritage 31 73.4 Conclusion 32

7.4 Creation of an Easement 32 7.5 Amenity Considerations 32

7.5.1 On-site amenity 32 7.5.2 Off-site amenity 32 7.5.3 Conclusion 33

7.6 Ecologically Sustainable Design 33 7.7 Transport & Traffic 34 7.8 Waste management 35

8 Conclusion 36

■

4 proUrban Planning I 180529 - 33-35 Stewart Street, Richmond - proUrban spA Planning Report 4

1 Introduction

1.1 Purpose of Report

proUrban Advisory, Planning & Management ('proUrban') act on behalf of the land owners in relation to land at 33-35 Stewart Street, Richmond ('the Site').

The land owner now seeks to develop the site. This report and the attached documentation form an application to the City of Yarra (the responsible authority) for planning approval for the works and uses proposed.

The application follows on from a series of pre-application discussions with Council officers. A review of the Yarra Planning Scheme and a detailed inspection of the subject site have been conducted to inform the following planning report, which includes:

• A description of the subject land and surrounding context;

• A description of the proposed works;

• A summary of the applicable statutory controls and policy provisions of the Yarra Planning Scheme;

• An analysis of the proposed development against relevant State and Local Planning Policies of the Yarra Planning Scheme;

• An assessment of the key planning issues as they relate to the proposal; and

• An assessment of the merits of the proposed development including land use and activity, urban design and built form and heritage, traffic and parking, environmental performance, and waste management.

This report should be read in conjunction with the town planning drawings prepared by Plus Architecture

as well as the various technical reports and plans prepared to address specific components of the development proposal.

Overall, we submit that the proposal is generally consistent with the relevant policy objectives and intent of the Yarra Planning Scheme, and presents a superior architectural, commercial and strategic design response to the site's opportunities and constraints and the broader context of the surrounding area.

We seek to engage in a collaborative application process to ensure a mutually desirable development outcome on the site, with a view to gaining Council support and planning approval for the proposal.

proUrban Planning 180529 - 33-35 Stewart Street, Richmond - proUrban s57A Planning Report

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2 Site Context

2.1 Site Description

The land located at 33-35 Stewart Street, Richmond, is also identified as Lot 5 on LP50194.

The site has an essentially trapezium shape, and has an approximate total area of 600m2 with a main frontage to Stewart Street of approximately 36 metres. The title boundaries comprise and 'island' site bordered by Stewart Street to the south and private laneways to the north, east, and west.

There is no notable slope across the site.

Figure 1: Cadastral image of the subject site.

2.2 Existing Conditions

The site is currently occupied by a two-storey commercial building built generally to the boundaries aside from the vacant area of hardstand forming the entrance at the south-eastern corner of the site (refer Figure 2, below).

Vehicle access is via the private laneways abutting the western, eastern and northern site boundaries, over which the site has carriageway rights.

There is presently no vegetation on the site.

proUrban Planning 1180529 - 33-35 Stewart Street, Richmond - proUrban s57A Planning Report 6

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2.3 Site Interfaces

The site is located in the Richmond Hill Heritage Precinct and is largely surrounded by converted warehouse-style buildings that present a consistent interface to Stewart Street to the south and Tanner Street to the north. The subject site does not have any sensitive residential interfaces.

South

To the immediate south is Stewart Street which connects Swan Street to Punt Road and runs parallel to the expansive Richmond Railway Station. The railway station's northern entry sits above street level with ramp access, and is located directly opposite the subject site. The streetscape on this side of the street otherwise consists of a large retaining wall with the station platforms located above the station.

East

To the east is 3-4 storey warehouse-style building with direct abuttal to Stewart Street. The building presents and operates as a commercial premises at the Stewart Street frontage, but has been converted to accommodate apartment-style residences in the northern portion of the building fronting Tanner Street. Warehouses between 2-4 stories, some converted to residential, are located farther afield.

West

To the west is a 5-7 storey converted warehouse with apartment-style residences extending above a retained two-storey warehouse building element. The development was approved by the Victorian Civil and Administrative Tribunal in November 2002. A mix of 2-3 storey commercial and residential buildings are located farther afield.

North

To the north of the site is a large four-storey warehouse that sits mid-block and abuts Tanner Street. To the north across Tanner Street is an established residential area, comprising a range of Victorian cottage-style dwellings, which are generally located on small blocks and are modest in type. Many of these dwellings are single-storey weatherboard houses, either attached or duplexes, with most dating from the latter part of the nineteenth century.

proUrban Planning I 180529 - 33-35 Stewart Street, Richmond - proUrban s57A Planning Report 8

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2.4 Urban Context

The following provides a written assessment of the site's urban context. Please refer to the plans prepared by Plus Architecture for further diagrammatical analysis of the area's attributes.

Figure 5: Aerial Photograph of showing the location of the Subject Site in urban context

2.4.1 Locality

The subject site is located within the mixed-use area immediately to the north of Richmond Railway Station and to the east of Punt Road, at the western edge of the City of Yarra. Stewart and Tanner Streets are the main thoroughfares, with surrounding land uses comprising a mix of factory, warehouse, office and residential uses.

The site is located in Swan Street Activity Centre. Activity Centres provide the focus for services, employment and social interaction in cities and towns. They are where people shop, work, meet, relax and live. The Swan Street Activity Centre is located approximately 2 kilometres from the CBD and should be

considered a focal point for development within the Yarra municipality, with the capacity to serve as a high-density nodal development hub for the Eastern Metropolitan sub-region.

The Swan Street Activity Centre is encompassed by the Swan Street Structure Plan, which identifies the site as located in the Richmond Station Precinct. The Structure Plan defines the Precinct as "[a] bustling, active and well-designed commercial and residential precinct based around Richmond Station. The precinct forms a new gateway to Swan Street and the Melbourne Sports and Entertainment precinct."

The site is within walking distance of the Central Business District, Melbourne's major sporting and recreation precinct aligning the Yarra River environs, and the wide range of recreational and shopping facilities provided by the Swan Street Major Activity Centre, in addition to those provided by the Bridge Road Major Activity Centre located approximately 650 metres to the north.

2.4.2 Built Form, Scale and Rhythm

A substantial increase in built form is envisaged around the Richmond Railway Station. The Station is considered as a railway station of Metropolitan significance and has for many years been identified by State Governments as part of the Melbourne Central City and a primary redevelopment site that will include a redeveloped station, which would see increased activation and built form and the precinct become a major catalyst for the revitalisation of the broader area. Indeed, the area has experienced considerable building

proUrban Planning l 180529 - 33-35 Stewart Street, Richmond - proUrban 55-/A Planning Report 9

conversions and new development for both residential and office purposes while maintaining the industrial elements reflective of its former use.

Plan Melbourne, which is the current strategic document guiding the development of metropolitan Melbourne, identifies the area including the Richmond Station Precinct as one comprising an 'investment and employment opportunity'. The area is well-equipped with services and infrastructure and presents a significant opportunity to accommodate increased investment and sustainable development to assist Victoria's growing employment and housing needs.

Renewal and investment has already begun to facilitate the development of higher-densities and a more prominent built form. Refurbishment and additions to the existing buildings in the area are increasingly common, with traditional industrial developments enhanced and maintained with expansion of the building

envelope at upper levels to reflect increased site consolidation and a densification of use that shapes a definitive urban typography.

2.4.3 The Public Realm

A common theme in the area is the 2-3 storey street-wall of brick construction sans eaves, which is reflective of the industrial legacy of the area. Streets and footpaths are narrow and aligned by parallel parking arrangements. The abuttal of Richmond Station to Stewart Street's southern boundary means sensitive interfaces are minimised and street activation is limited. There is a small area of open space bordered by Stewart, Wangaratta and Tennyson Streets.

2.4.4 Surrounding Development and Social & Economic Activity

The surrounding area has undergone a significant shift in the structure of employment in the last 20 years with strong growth in property and business services, retail, and the finance and insurance sectors and a decline in wholesale and manufacturing sectors. The Structure Plan identifies that nearly 9,000 additional jobs (net change) are expected to be accommodated in the study area between 2001 and 2036. The area is an increasingly attractive location for office-based employment to cater for the continuing growth in small-to-medium size business services and the new economy' employment of an increasingly skilled workforce.

The co-location of the site with the Richmond Station and within the Swan Street Activity Centre presents an opportunity for office accommodation that is well located to services and public transport, which is an attractive proposition for new businesses. The area currently contains a number of office spaces, mainly through the conversion of former large industrial / warehouse buildings. Other significant areas of office space are located within the core retail areas, particularly on upper levels above ground floor retail uses. Collectively, office accommodation provides a strong and robust local economic base that supports local businesses in the surrounding area.

A ribbon style higher-level built form is emerging along Swan Street. Small businesses are generally retained to form activated frontages to larger developments, with a few existing larger enterprises scattered throughout, while a range of additional services and programs focus on health, education, welfare, community, arts, cultural and heritage activities.

2.4.5 Transport Connectivity

The area is well serviced by public transport with trains, trams and buses providing connectivity to the surrounding metropolitan area via Swan Street, Bridge Road and Punt Road. In addition, the Richmond Railway Station which is located directly to the south of the site offers a wide range of services to the City Loop, Lilydale, Belgrave, Alamein, Glen Waverley, Pakenham, Cranbourne, Frankston and Sandringham lines, with the City Loop additionally providing direct access to the remainder of the metropolitan rail network.

proUrban Planning I 180529 - 33-35 Stewart Street, Richmond - proUrban s57A Planning Report

2.4.6 Topography and Views

The site presents an opportunity for expansive southerly outlook with the potential for bay views. A westerly outlook over the CBD and Melbourne's sporting and recreation precinct also presents.

Please refer to the Town Planning Drawings prepared by Plus Architecture for further details.

proUrban Planning I 180529 - 33-35 Stewart Street, Richmond - proUrban s57A Planning Report 11

3 Proposed Development

The proposal seeks approval for a nine (9) storey, commercial tower-and-podium development that incorporates the existing building element as the podium and street front.

3.1 Land Use

The proposal seeks approval for a commercial development comprising office and retail uses. More specifically:

• Commercial - totalling 3,183m2, comprising:

o Retail - 172m2 at Ground Floor;

o Office space - 1,231m2 across Levels 1 to 3; and

• Studio offices - 1,780m2 across Levels 4 to 8:

• 30 studio spaces range for 41m2 to 75m2.

o Operating hours -

• Retail - 0600hrs to 2100hrs.

■ Office and studio spaces -

• Public entry 0800hrs to 1800hrs;

• Private entry 24hr swipe card access.

• Communal - totalling 432m2 roof garden.

• Parking - totalling 29 car spaces, 2 motorcycle spaces, and 21 bicycle spaces. The parking is distributed over a single basement level and the Ground Floor as follows:

o Basement - 18 car spaces, 2 motorcycle spaces, plus 17 bicycle spaces; and

o Ground Floor - 11 car spaces, plus 4 bicycle spaces.

Please refer to Town Planning Drawings prepared by Plus Architecture for full details of the proposed development.

3.2 Built Form

The proposed development comprises a nine (9) storey building with a maximum parapet height of 28.75 metres. The proposal incorporates a retained heritage podium element built to the site boundaries with a recessed feature above, all constructed above one (1) level of basement car park.

We particularly note the following elements of the proposal's built form:

• Revitalisation of existing heritage fabric to ensure continuity of existing street front in terms of massing and rhythm, formal verticality, built-form openings and datum lines.

• Permeable, glazed podium facade where possible, particularly at the lobby entrance.

• Recessed tower element atop robust human-scale podium, with above-podium setback to emulate adjoining redevelopment at 19-27 Stewart Street.

• Eloquent tower facade treatment incorporating varying angles and widths of glazed panes and textured brickwork to reflect the heritage character of the area.

• Carriageway easements enable access to basement entry at the rear of the site.

proUrban Planning I 180525 - 33-35 Stewart Street, Richmond - proUrban s57A Planning Report 12

3.3 Tribunal Commentary

3.3.1 Scale and character

Developments that facilitate urban consolidation and higher densities within inner-city urban areas with convenient access to services and infrastructure have been repeatedly supported by the Victorian Civil and Administrative Tribunal ('the Tribunal').

Tribunal decisions have consistently confirmed the primacy of State and Metropolitan policy objectives, and the important role that inner-city areas perform in accommodating future growth and intensive development.

In NJJKT Pty Ltd v Whitehorse CC [2008], the Tribunal expressed concerns at paragraph 12 that too often "neighbourhood character considerations dominate the debate about particular projects while consolidation and affordability are reduced to a background hum in our thinking".

Development proposals, it was reasoned at paragraph 13, are frequently overly-restricted by local character policy objectives, which has resulted in a critical situation whereby "the planning system has failed to deliver urban consolidation ... to meet the needs of our growing populations."

This commentary elaborates on that in FKP Lifestyle v Boroondara CC & Ors (Red Dot) [2008] where the Tribunal acknowledged at paragraph 64 that planning strategy:

"...requires development in Neighbourhood Activity Centres to respect its context but makes no such similar requirement of Principal Activity Centres or Major Activity Centres where significant change is encouraged."

We note that Swan Street Activity Centre is an Activity Centre (formerly referred to as 'Principal' or 'Major' Activity Centres), and that the area is identified in Plan Melbourne as part of the 'future emerging' Expanded Central City via the Flinders Street to Richmond Station Corridor. It is clear that the State and local planning policies are consistent in their message that the subject site is located in an area where an intensity of development is encouraged.

3.3.2 Strategic Redevelopment Sites

Key sites in activity centres are often defined as Strategic Redevelopment Sites pursuant to State planning policy. The Tribunal has established that such sites should be efficiently and intensively developed to respond to the planning and economic imperatives of the planning framework. State planning policy defines Strategic Redevelopment Sites at Clause 16.01-3 as sites that are:

• In and around Central Activities Districts.

• In or within easy walking distance of Principal or Major Activity Centres.

• In or beside Neighbourhood Activity Centres that are served by public transport.

• On or abutting tram, train, light rail and bus routes that are part of the Principal Public Transport Network and close to employment corridors, Central Activities Districts, Principal or Major Activity Centres.

• In or near major modal public transport interchanges that are not in Principal or Major Activity Centres.

• Able to provide 10 or more dwelling units, close to activity centres and well served by public transport.

It is submitted that the site meets the above tests and suitably qualifies as a 'strategic redevelopment site' consistent with the intent of the Planning Scheme.

proUrban Planning I 3.8o529 - 33-35 Stewart Street, Richmond - proUrban s57A Planning Report

In Melbourne CC v Minister for Planning [2013], the Tribunal emphasised at paragraph 14 that strategic redevelopment sites present an important opportunity to:

"...achieve a substantial intensification of development in a location which is extremely well serviced [and that such sites] must be given greater weight than any desire to achieve a development that respects the existing scale of development in the surrounding neighbourhood."'

3.3.3 Heritage

With regards to heritage considerations, numerous Tribunal decisions have deliberated as to the acceptability or justification of demolishing a heritage building.

The Tribunal has regularly held as a matter of law that the exercise of the Tribunal's own discretion in relation to demolition of heritage buildings extends beyond consideration of matters pertaining solely to heritage conservation policy. Rather, consideration should extend to all relevant matters, including planning policy for urban consolidation, housing diversity, sustainable development, urban design and architectural excellence.

As an example, the issue of law was raised in 1045 Burke Road Pty Ltd v Boroondara CC [2013], resulting in the dismissal of a Supreme Court of Victoria (Court of Appeal) hearing that affirmed the original Tribunal decision stating at paragraph 136 that the Tribunal:

"...adopted the correct approach to making a decision under the Heritage Overlay first identifying the considerations made relevant by the Act and the Scheme to such an application and then evaluating and balancing the competing objectives and considerations to determine whether the proposal resulted in an acceptable outcome."

This approach reflects the test originally established by the Supreme Court of Victoria in Rozen v Macedon Ranges Shire Council & Anor [2010], which is now well established in planning law and widely applied in consultation with Clause 65 of the Planning Scheme, where the Court outlined at paragraph 171 that:

An outcome may be acceptable despite some negative characteristics. An outcome may be acceptable because on balance it results in net community benefit despite achieving some only of potentially relevant planning objectives and impeding or running contrary to the achievement of others."

3.3.4 Conclusion

The commentary referenced above provides strong support for the scale of the proposed development in the evolving context of the Richmond Station Precinct, and the balanced outcome achieved by retaining and integrating the facade of a contributory heritage building into a renewed development outcome.

We therefore submit that the proposed use and built form of the site for a commercial development incorporating flexible floorspace responds to the site's contextual setting within an Activity Centre, the strategic principles of urban consolidation, and the significant development potential afforded by the

physical characteristics of the site.

proUrban Planning 1180529 - 33-35 Stewart Street, Richmond - proUrban s57A Planning Report

14

4 Statutory Planning Controls

4,1 Zoning

The subject site is located within the Mixed Use Zone (MUZ) of the Yarra Planning Scheme. The purpose of the MUZ is:

• To implement the State Planning Policy Framework and the Local Planning Policy Framework, including the Municipal Strategic Statement and local planning policies.

• To provide for a range of residential, commercial, industrial and other uses which complement the mixed-use function of the locality.

• To provide for housing at higher densities.

• To encourage development that responds to the existing or preferred neighbourhood character of the area.

• To facilitate the use, development and redevelopment of land in accordance with the objectives specified in a schedule to this zone.

Please refer to Figure 6, below, for a Zone Map depicting the subject site in the context of the MUZ and surrounding zones.

Figure 6: Zone map.

4.2 Overlays

The subject site is affected by the following Overlay controls:

• Heritage Overlay - Schedule 332 (H0332)

• Environmental Audit Overlay (EAO)

4.2.1 Heritage Overlay - Schedule 332

The subject site is directly affected by H0332 pursuant to Clause 43.01 of the Yarra Planning Scheme. The H0332 is a precinct-wide overlay identified as the Richmond Hill Precinct. In addition to implementing State and Local Policy, the purpose of the Heritage Overlay includes:

• To conserve and enhance heritage places of natural or cultural significance.

• To conserve and enhance those elements which contribute to the significance of heritage places.

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• To ensure that development does not adversely affect the significance of heritage places.

• To conserve specifically identified heritage places by allowing a use that would otherwise be prohibited if this will demonstrably assist with the conservation of the significance of the heritage place.

Pursuant to Clause 43.01-1 a permit is required to demolish or remove or construct a building or carry out works.

In addition to Clause 43.01, the Yarra Heritage Overlay Study 2007 notes that the site is located in the South Industrial Sub-Area of the Richmond Hill Precinct. In particular the study outlines that the Richmond Hill Heritage Overlay Area (south industrial sub-area) is significant:

• As a distinctive and visually related group of externally well-preserved factories and warehouses, associated with the growth of the clothing manufacturing industry in the City, dating from the early

decades of the 20th century and symbolic of Richmond's special role in the development of key manufacturing centres in the first half of the 20th century.

• For the precinct's strategic location, next to major transport links (railway, Punt Road) and the resultant distinctive angled siting of key buildings to face the railway.

The City of Yarra Review of Heritage Overlay Areas 2007 (Appendix 8, Revised September 2015) identifies the building on the site as being of 'contributory' significance, which means the place is a contributory element within a larger heritage place.

Please refer to Figure 7, below, for an Overlay Map depicting the subject site in the context of the H0332.

Figure 7: Overlay map showing H0332.

4.2.2 Environmental Audit Overlay

The subject site is directly affected by an Environmental Audit Overlay (EAO) pursuant to Clause 45.03 of the Yarra Planning Scheme. In addition to implementing State and Local Policy, the purpose of the EAO includes:

• To ensure that potentially contaminated land is suitable for a use which could be significantly adversely affected by any contamination.

proUrban Planning I 180529 - 33-35 Stewart Street, Richmond - proUrban s57A Planning Report 116

Pursuant to Clause 45.03-1, before a sensitive use (residential use, child care centre, pre-school centre or primary school) commences or before the construction or carrying out of buildings and works in association with a sensitive use commences, either:

• A certificate of environmental audit must be issued for the land in accordance with Part IXD of the Environment Protection Act 1970, or

• An environmental auditor appointed under the Environment Protection Act 1970 must make a

statement in accordance with Part IXD of that Act that the environmental conditions of the land are suitable for the sensitive use.

Please refer to Figure 8, below, for an Overlay Map depicting the subject site in the context of the EAO.

Figure 8: Overlay map showing EAO.

4.3 Particular Provisions

The particular provisions are specific prerequisites or planning provisions for a range of particular uses and developments, and apply consistently across the state. Unless specified otherwise, the particular provisions apply in addition to the requirements of a zone or overlay.

4.3.1 Easements, Restrictions and Reserves

Clause 52.02 of the Yarra Planning Scheme outlines the following relevant purpose:

• To enable the removal and variation of an easement or restrictions to enable a use or development that complies with the planning scheme after the interests of affected people are considered.

Pursuant to Clause 52.02, a permit is required under Section 36 of the Subdivision Act 1988 to acquire or remove an easement. In determining to grant a permit, the responsible authority must consider the interests of the people affected.

4.3.2 Car Parking

Clause 52.06 of the Yarra Planning Scheme outlines the purpose of the Car Parking provisions as:

• To ensure that car parking is provided in accordance with the State Planning Policy Framework and Local Planning Policy Framework.

proUrban Planning 1180529 - 33-35 Stewart Street, Richmond - proUrban 557A Planning Report 17

• To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality.

• To support sustainable transport alternatives to the motor car.

• To promote the efficient use of car parking spaces through the consolidation of car parking facilities.

• To ensure that car parking does not adversely affect the amenity of the locality.

• To ensure that the design and location of car parking is of a high standard, creates a safe environment for users and enables easy and efficient use.

The provisions of Clause 52.06 apply to any new use and requires the provision of a minimum number of spaces. A permit may be granted to vary or waive the requirement pursuant to Clause 52.06-3.

4.3.3 Bicycle Facilities

Clause 52.34 of the Yarra Planning Scheme outlines the purpose of the Bicycle Facilities provision as follows:

• To encourage cycling as a mode of transport.

• To provide secure, accessible and convenient bicycle parking spaces and associated shower and change facilities.

Pursuant to Clause 52.34-1 a new use must not commence or the floor area of an existing use must not be increased until the required bicycle facilities and associated signage has been provided on the land.

A permit may be granted to vary, reduce or waive any requirement of Clause 52.34-3 and Clause 52.34-4.

proUrban Planning 1 180529 - 33-35 Stewart Street, Richmond - proUrban s57A Planning Report 3.8

5 Planning Permit Requirements

The proposed development requires a planning permit for the following reasons:

5.1 Land use

A Planning Permit is required:

• To use land for the purposes of a Retail Premises pursuant to Clause 32.04.

• To use land for the purposes of an Office pursuant to Clause 32.04.

o We note that an Office is a Section 1 "as of right" use, unless the leasable floor area exceeds 250m2 (as proposed by the current application).

• To create an easement pursuant to Clause 52.02.

• To reduce or vary the required car parking rate pursuant to Clause 52.06.

5.2 Building and works

A Planning Permit is required:

• To demolish or construct a building or construct or carry out works pursuant Clause 32.04.

• To demolish or remove or construct a building or carry out works pursuant to Clause 43.01.

5.3 Other considerations

• The application must be accompanied by a Water Sensitive Urban Design Response pursuant to Clause 22.16-4.

• The application must be accompanied by a Sustainability Management Plan pursuant to Clause 22.17-4.

• Any permit must address the requirements of Clause 45.03-1 relating to Environmental Audits.

5.4 Notice and review

This application is not exempt from the notice requirements of Section 52(1)(a), (b) and (d), the decision requirements of Section 64(1), (2) and (3) and the review rights of Section 82(1) of the Act.

proUrban Planning I 180529 - 33-35 Stewart Street, Richmond - proUrban 557A Planning Report 29

6 Relevant Planning Policy

6.1 Plan Melbourne

Plan Melbourne (2014) was incorporated into Clause 9 of the Yarra Planning Scheme as a State-level planning document outlining the strategic framework for the Melbourne region to 2050. The document encourages the redevelopment of underutilised land, particularly urban-renewal areas, within close proximity to employment, services, and public transport infrastructure.

Map 12 of Plan Melbourne identifies the area including Richmond Station Precinct as an 'investment and employment opportunity' with the capacity to achieve a broad range of economic, social and environmental benefits from co-locating employment, population and public transport.

Map 30 of Plan Melbourne identifies the site as being within the Swan Street Activity Centre, which is a 'Place of Local Significance' with the Central Subregion of metropolitan Melbourne. Activity Centres have as their strategic direction at page 32:

[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 and floorspace and office caps, activity centres may grow unrestricted.

6.2 State Planning Policy Framework

The State Planning Policy Framework (SPPF) seeks to ensure that the objectives of planning in Victoria (as set out in Section 4 of the Planning and Environment Act 1987) are fostered through appropriate land use and development policies and practices. It informs the preparation and implementation of local planning policy objectives and the introduction of zone and overlay controls, and seeks to integrate relevant environmental, cultural, social and economic factors in the interest of net community benefit and sustainable development. Those clauses most relevant to the current proposal include:

Settlement

• Clause 11.03 Activity centre networks: To build up activity centres as a focus for high-quality development, activity and living for the whole community by developing a network of activity centres.

• Clause 11.03-2 Activity centre planning: 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.

Natural Resource Management

• Clause 14.02-3 Water conservation: To ensure that water resources are managed in a sustainable way.

Built Environment and Heritage

• Clause 15.01-1 Urban design: To create urban environments that are safe, functional and provide good quality environments with a sense of place and cultural identity.

• Clause 15.01-2 Urban design principles: To achieve architectural and urban design outcomes that contribute positively to local urban character and enhance the public realm while minimising detrimental impact on neighbouring properties.

• Clause 15.01-4 Design for safety: To improve community safety and encourage neighbourhood design that makes people feel safe.

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• Clause 15.01-5 Cultural identity and neighbourhood character: To recognise and protect cultural identity, neighbourhood character and sense of place.

• Clause 15.02-1 Energy and resource efficiency: To encourage land use and development that is consistent with the efficient use of energy and the minimisation of greenhouse gas emissions.

Economic Development

• Clause 17.01-1 Business: To encourage development which meet the communities' needs for retail, entertainment, office and other commercial services and provides net community benefit in relation to accessibility, efficient infrastructure use and the aggregation and sustainability of commercial facilities.

Transport

• Clause 18.01-1 Land use and transport planning: To create a safe and sustainable transport system by integrating land-use and transport.

• Clause 18.02-1 Sustainable personal transport: To promote the use of sustainable personal transport.

• Clause 18.02-2 Cycling: To integrate planning for cycling with land use and development planning and encourage as alternative modes of travel.

• Clause 18.02-5 Car parking: To ensure an adequate supply of car parking that is appropriately designed and located.

Infrastructure

• Clause 19.03-2 Water supply, sewerage and drainage: To plan for the provision of water supply, sewerage and drainage services that efficiently and effectively meet State and community needs and protect the environment.

6.3 Local Planning Policy Framework

The Local Planning Policy Framework (LPPF) sets a local and regional strategic policy context for a municipality. It comprises the Municipal Strategic Statement (MSS) and specific local planning policies and operates consistently with the SPPF.

6.3.1 Municipal Strategic Statement

Council's MSS outlines the vision, strategies and objectives for use and development of land in the municipality. It provides the basis for the application of local policies, zones, overlays and other provisions in the Yarra Planning Scheme. Those clauses most relevant to the current proposal include:

Clause 21.04 Land Use

Clause 21.04 outlines the following relevant land-use objectives for development in the municipality:

• Accommodation and housing

o Objective 1: To accommodate forecast increases in population.

o Objective 2: To retain a diverse population and household structure.

o Objective 3: To reduce potential amenity conflicts between residential and other uses.

• Activity centres

o Objective 4: To maintain a balance between local convenience and regional retail roles in Yarra's activity centres.

o Objective 5: To maintain the long term viability of activity centres.

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