Minutes of Ordinary Council Meeting

Ordinary Council Minutes 16 March 2020

9 Council Reports

9.1 City Development

Statutory Planning

9.1.1 16 Spring Street Box Hill (Lots 1 PS 810596 V) Construction of a 29 storey mixed use building with five basement levels, comprising of 299 dwellings together with the use of the land for the purposes of Education Centre (Nurse training facility), Offices, Shops, Food and Drink premises, Accommodation, reduction to the car parking requirement and removal of protected trees (SLO9)

FILE NUMBER: WH/2018/1009
ATTACHMENT

SUMMARY

This application was lodged to respond to the approved Development Plan (DP08) associated with the land at 16 Spring Street, Box Hill. The application was not advertised as it is exempted from the notice requirement under Section 52 of the Planning and Environment Act 1987 and pursuant to Clause 43.03-3 of the Whitehorse Planning Scheme.

This report provides Council with an assessment of the application against all criteria as established within the endorsed Development Plan (DP), the requirements of referral comments and the relevant provisions of the Whitehorse Planning Scheme. It is recommended that the application be supported, subject to conditions.

RECOMMENDATION

That Council:

A. Being the Responsible Authority, in determining the Application WH/2018/1009 for 16 Spring Street, Box Hill (Lot 1 PS 810596) is of the opinion that the granting of a Planning Permit for the construction of a 29 storey mixed use building with five basement levels, comprising of 299 dwellings together with the use of the land for the purposes of Education Centre (Nurse training facility), Offices, Shops, Food and Drink premises, Accommodation, reduction to the car parking requirement and removal of protected trees (SLO9) is acceptable and should not unreasonably impact the amenity of adjacent properties.

B. Issue a Planning Permit under the Whitehorse Planning Scheme to the land described as 16 Spring Street, BOX HILL (Lot 1 PS 810596) for the construction of a 29 storey mixed use building with five basement levels, comprising of 299 dwellings together with the use of the land for the purposes of Education Centre (Nurse training facility), Offices, Shops, Food and Drink premises, Accommodation, reduction to the car parking requirement and removal of protected trees (SLO9), subject to the following conditions:

1. Before the development starts, or any trees or vegetation are removed, amended plans and documents must be submitted to and approved by the Responsible Authority. The plans must be drawn to 1:100 scale, with dimensions and be generally in accordance with the plans identified as Amendment B prepared by Elenberg Fraser, Project Number 17106, Amendment B, dated 25 January 2019 but modified to show:

a) Deletion of the terrace element along Spring Street frontage which overhangs the pedestrian public space.

b) Minimum setback of 6.0 metres for the podium levels, along the northern boundary.

c) Notation on plans and landscape plans to ensure that the terrace element does not obstruct the tree canopy zone and the pedestrian footpath area

d) Screening measures to prevent overlooking into the secluded private open space areas of the property at 10 and 12 Wellington Street, immediately to the west, in accordance with Standard B22 at Clause 55.04-6 of the Whitehorse Planning Scheme.

e) All private open space (balcony) size and width must achieve:

i. Eight (8) square metres, with minimum width of 1.8 metres, for all one bedroom dwellings.

ii. Eight (8) square metres, with minimum width of 2 metres, for all two bedroom dwellings

iii. Twelve (12) square metres, with a minimum width of 2.4 metres, for all three bedroom dwellings.

iv. Compliance with the objective of Standard D19, Clause 58 (Private open space), and

v. Be constructed of materials that allow light into the apartments, whilst obscuring views onto balconies themselves.

f) Notation on plans and landscape plans to clearly identify the removal of Tree 24 – Liquidambar styraciflua (Liquidamber) and Tree 25 – Pyrus calleryana (Ornamental Pear).

g) All projecting piers within the shopfront entries shown to be located behind the glass front façade to provide an unobstructed path for pedestrian movement.

h) Podium details abutting adjoining properties to the west and north are to be resolved with high quality finishes, having regard to the adjoining residential uses and private open space abutments.

i) Thumbnail details and finishes need to be provided demonstrating the long term high quality resolution of materials and finishes including colour photographs and an external cladding sample board of external materials and finishes of key elements of the façade system at the ground, middle and upper levels.

j) Floor plans for all floor levels and notate all apartments/dwellings by number.

k) Each dwelling to detail all operable window, door and vents on floor plan and elevation drawings.

l) Roof plan illustrating all plant and equipment with screening provided ensuring views from all street frontages are obscured.

m) The location of columns within the car park are to be designed in accordance with Clause 52.06-9 of the Whitehorse Planning Scheme.

n) All modifications to plans as specified in the Car parking Management Plan outlined at Condition 4.

o) All modification to the plans as specified in Sustainability Management Plan (SMP) outlined at Condition 5.

p) All modifications to the plans as specified in the Wind Impact Assessment Report outlined at Condition 11.

All of the above must be to the satisfaction of the Responsible Authority. Once approved, these plans become the endorsed plans of the permit.

The layout of the site and the size, design and location of the buildings and works permitted must always accord with the endorsed plan and must not be altered or modified without the further written consent of the Responsible Authority.

Early Works Plan

3. Except with the prior written consent of the Responsible Authority, prior to the commencement of any buildings and works, an Early Works Plan must be prepared to the satisfaction of the Responsible Authority. The Early Works Plan must provide details of all works which comprise the ‘early works’, including but not limited to:

a) Piling works (Bored Piers), including Capping Beams;

b) Retention system including structural columns, shotcrete walls and rock anchors;

c) Bulk excavation;

d) Detailed excavation;

e) Excavation and pouring of pad footings, pile caps and basement slabs;

f) Civil drainage retention system; and

g) Crane pad footing system.

Car Parking Management Plan

4. Prior to the commencement of any buildings and works, except for the works approved under the Early Works Plan, a Parking Management Plan, detailing how car and bicycle parking areas, access ways and waste collection bays will be allocated and managed, must be submitted to and approved by Council (Early Works as approved by the Responsible Authority excepted).

This plan is to be to the satisfaction of the Responsible Authority and must include, but is not limited to, the following:

a) The allocation of car parking associated with each specific use must be as follows:

i. 264 car spaces for the purpose of residential use.

ii. 30 car spaces for the purpose of residential visitor parking.

iii. 34 car parking spaces for the purpose of the education use.

iv. 5 car parking spaces for the purpose of the food and drink premises (café) use.

v. 36 car parking spaces for the purpose of the office use.

b) Allocation of all parking spaces (except visitor spaces) to individual dwellings and procedures to allocate disabled car spaces to residents/visitors as required.

c) Pedestrian access and movement within the car parking areas, including strategies to minimise the potential for conflict between pedestrians and vehicles. This may include line marking such as hatched shared areas, direction signs and/or physical barriers.

d) Allocation of bicycle spaces to tenancies and visitors.

e) Directional signs to car and bicycle parking spaces and facilities.

f) Location of bicycle parking signs in accordance with Clause 52.34-5

g) Line marking of parking spaces.

h) How parking will be secured and details of how access to car spaces, disabled car spaces and bicycle spaces will be achieved by visitors and delivery vehicles as required (via an intercom).

i) Details of how access to the waste collection areas will be achieved by waste collection vehicles and how these areas will be secured.

j) Advise where delivery vehicles and moving vans serving the dwellings will park. These vehicles must be able to park for a reasonable period of time in convenient locations

k) How the car park will be managed to ensure that all vehicles exit the site in a forwards direction.

l) Detail the signing and line marking of parking spaces.

m) Detail any access controls to the parking area, such as boom gates which shall take into account the required queue length required as per section 3.4 of AS 2890.1.

n) Access to the proposed car stacker spaces to demonstrate compliance with Australian Standard AS 2890.1 by the provision of swept path diagrams to show access by the B85 design vehicle into the proposed parking bays.

Once submitted to and approved by the Responsible Authority, the Parking Management Plan will form part of the documents endorsed as part of this planning permit.

The requirements of the Parking Management Plan must be implemented by the building manager, owners and occupiers of the site for the life of the building, to the satisfaction of the Responsible Authority.

Sustainable Management Plan

5. Prior to the commencement of any buildings and works, , except for the works approved under the Early Works Plan, an amended Sustainability Management Plan (SMP) must be submitted to and approved by the Responsible Authority (Early Works as approved by the Responsible Authority excepted). This SMP must be generally in accordance with the SMP submitted with the application and amended to include, unless otherwise provided to the satisfaction of the Responsible Authority:

a) A Stormwater Quality Management Plan or assessment ensuring that the Responsible Authority’s collective integrated water management expectations and requirements pursuant to Clauses 34 and 44 of the State Environment Protection Policy (Waters), are satisfied.

b) A complete, published BESS Report, with an acceptable overall score that exceeds 50% and exceed the ‘pass’ marks in the categories of Water, Energy Stormwater and Indoor Environment Quality (IEQ) to the satisfaction of the Responsible Authority.

c) Preliminary NatHERS Energy Efficiency Assessments for at least 10% dwellings that address a thermally unique profile of the development which ensures that the development will achieve an average minimum 6.5 star energy efficiency rating and whereby no apartment achieves below a 6 star energy efficiency rating. All dwellings modelled must also achieve cooling loads below ≤ 21 MJ/m2/annum.

d) A Preliminary National Construction Code (NCC) 2016 Building Code of Australia (BCA) Section J or JV3 Energy Efficiency Assessment for non-residential areas indicating a 20% improvement in energy efficiency performance with respect to the development’s reference/base case. The assessment is required to include indicative commitments towards thermal performance (i.e. R-values), artificial lighting and glazing (utilisation of BCA Glazing Calculator indicating U- and SHGC- values) for non-residential areas.

e) A daylight modelling assessment for residential and non-residential areas to the satisfaction of the Responsible Authority.

f) Double glazing for all external windows.

g) Control car park ventilation with CO sensors.

h) Control car park lighting, where reasonably safe to do so, with motion sensors or timers.

i) Control all common, service and lift area lighting with sensors or timers.

j) Control common, service and lift area ventilation with sensors or timers.

k) Provide energy efficient heating, cooling and hot water systems indicating the associated COP and EER values or energy efficiency star ratings.

l) Water efficient fixtures and appliances indicating the associated WELS ratings.

m) Serving as or a part of a Green Travel Plan, alternative transport facilities including bicycle parking and storage, end of trip and electric vehicle charging facilities to the satisfaction of the Responsible Authority.

n) Communal spaces and green roof areas servicing the building occupants and tenants.

o) Divert at least 80% of construction and demolition waste from landfill.

Once submitted and approved to the satisfaction of the Responsible Authority, the SMP will form part of the endorsed plans under this permit.

The requirements of the SMP must be demonstrated on the plans and elevations submitted for endorsement, and the requirements of this plan must be implemented by the building manager, owners and occupiers of the site when constructing and fitting out the building, and for the duration of the building's operation in accordance with this permit, to the satisfaction of the Responsible Authority.

Landscape Plan

6. Before the commencement of any buildings and works, except for the works approved under the Early Works Plan, a Landscape Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the Landscape Plan will be endorsed and will form part of this permit. The Landscape Plan must show:

a) Any landscaping/footpath works within the road reserve should be at or above grade and there should be no excavation below existing grade within the TPZ of these trees in the road reserve

b) All services i.e. – drainage/sewerage within the TPZ of these trees should be installed using horizontal boring underneath the root systems to avoid open trenching within the TPZ

c) Notate the type, location, quantity, height at maturity and botanical names of all proposed plants. Shade tolerant species are recommended for the ground floor

d) Type and location of tree planting, within Spring Street road reserve, including dimension and distance of canopy tree zone, and must be cleared from all building structures.

e) Details of all containerised planting infrastructure, and confirm soil depth, cubic capacity, irrigation systems and tree anchoring systems.

f) Notate reticulated irrigation (recycled) water systems for planter boxes Play equipment or playable elements such as sculptures for children residing or visiting the building

g) Confirm any green façade elements

h) Detail the design (including the provision of sections) and layout of the common area, planters and ground level planting areas

i) Provide a specification of works to be undertaken prior to planting.

j) Further detail on any sustainable treatments and water harvesting methods ;and

k) Moveable furniture in the café forecourt and on the proposed roof top garden to demonstrate fixing mechanisms.

l) Level 4 roof top garden balustrade to comply with relevant building regulations.

m) Detail plant/planting maintenance schedules.

All of the above requirements to be done the satisfaction of the Responsible Authority.

7. Prior to the occupation of the approved building, a Landscaping Maintenance Plan, prepared by a suitably qualified consultant, must be submitted to the Responsible Authority. The landscaping maintenance plan must include, but is not limited to:

a) Irrigation system/program for street trees and street level garden beds, including details of frequency and water delivery method.

b) Details of the ongoing maintenance procedures to ensure that the garden areas at in the communal open space above Level 14 are healthy and well maintained to the satisfaction of the Responsible Authority. This must include:

i. Irrigation frequency and delivery method.

ii. Drainage.

8. Prior to the occupation of the approved building, the road reserve between the subject site and the kerb along all site’s frontages must be constructed and laid out in accordance with the endorsed plans to the satisfaction of the Responsible Authority. Pavement areas, lighting, landscaping, signage and materials must be consistent with the Box Hill Urban Realm Treatment Guidelines, to the satisfaction of the Responsible Authority.

Acoustic Report

9. Prior to the commencement of any buildings or demolition works, an amended Acoustic Report must be submitted to and approved by the Responsible Authority. This report is required to document acoustic mitigation measures to be implemented in the building to achieve compliance with the Australian Standards – AS1191. The requirements/recommendations of Acoustic report must be illustrated (as appropriate) on the plans and elevations submitted for endorsement and be implemented to the satisfaction of the Responsible Authority.

10. Prior to the occupation of the development, a letter of confirmation from a suitably qualified Acoustic Consultant must be submitted for approval by the Responsible Authority to certify that the development has been constructed in accordance with the requirements of the Acoustics Assessment.

Wind Impact Assessment Report

11. Prior to the commencement of any buildings and works, except for the works approved under the Early Works Plan, a Wind Impact Assessment Report, prepared by a suitably qualified professional, must be submitted to and endorsed by the Responsible Authority. The Wind Impact Assessment Report must be amended to include an Executive Summary stating that:

a) The wind impact assessment was undertaken in accordance with the Australian Wind Engineering Society Quality Assurance Manual (AWES-QAM-2001) with mitigation measures/ features incorporated;

b) Achievement of the following outcomes indicating:

i. Walking comfort along Spring Street;

ii. Standing comfort at all entrances and exits of the Development;

iii. Sitting comfort within the café and retails areas where seating is provided;

iv. A minimum of walking comfort on communal terraces located on Levels 4 and 27;

v. A minimum of sitting and standing comfort on communal terraces located on Levels 4 and 27 at areas intended for stationary activities (e.g. seating); and

vi. A minimum of standing comfort on private balconies.

c) Wind tunnel measurements, when modelling utilising local data, at areas specified under (b) to provide estimates on the number of hours per year that relevant comfort criteria specified (i.e. walking/standing/sitting) shall be exceeded.

d) Where existing wind conditions in the surrounding streetscapes exceed the walking comfort criterion, the Development must not make these conditions worse.

The requirements and outcomes of the Wind Impact Assessment Report must be demonstrated on the plans and elevations submitted for endorsement.

Once submitted to and approved by the Responsible Authority, the Wind Impact Assessment Report will form part of the documents endorsed as part of this planning permit.

The requirements of the Wind Impact Assessment Report must be implemented by the building manager, owners and occupiers of the site for the duration of the building’s operation in accordance with this permit, to the satisfaction of the Responsible Authority.

12. The recommendations within the Wind Impact Assessment Report must be implemented such that:

a) There is no cost to the Responsible Authority.

b) There is no reliance on the provision of street trees for wind mitigation.

c) There is no reliance on the provision of vertical baffles on public land, except where all appropriate approvals have been obtained from all relevant authorities and land managers and approval also granted by the Responsible Authority.

d) Consent and the appropriate approvals must be obtained from Whitehorse City Council for all wind amelioration features that protrude into or over relevant property boundaries.

Construction Management Plan (CMP)

13. Prior to the commencement of buildings or works on the land, except for the works approved under the Early Works Plan, a Construction Management Plan, detailing how the owner will manage the environmental and construction issues associated with the development, must be submitted to and approved by Council.

The Construction Management Plan must be prepared and managed by a suitably qualified person who is experienced in preparing Construction Management Plans in accordance with the City of Whitehorse Construction Management Plan Guidelines.

When approved the Construction Management Plan will form part of this permit and must be complied with, to the satisfaction of the Responsible Authority, to the extent that this is in the control of the owner of the land. The owner of the land is to be responsible for all costs associated with the works to be undertaken in accordance with the requirements of the Construction Management Plan.

14. The provisions, recommendations and requirements of the endorsed Construction Management Plans must be implemented and complied with to the satisfaction of the Responsible Authority.

Waste Management Plan

15. The approved WMP will be the model for adoption in this development and the design & as-built aspects needs to account for what is approved in the WMP. Any revision of the WMP or changes to the approved waste system of the development requires Council approval.

Drainage and Assets

16. All stormwater drains and on-site detention systems are to be connected to the legal point of discharge to the satisfaction of the Responsible Authority prior to the occupation of the building/s. The requirement for on- site detention will be noted on your stormwater point of discharge report, or it might be required as part of the civil plans approval.

17. Detailed stormwater drainage and/or civil design for the proposed development are to be prepared by a suitably qualified civil engineer and submitted to the Responsible Authority for approval prior to occupation of the development. Plans and calculations are to be submitted with the application with all levels to Australian Height Datum (AHD). All documentation is to be signed by the qualified civil engineer.

18. Stormwater that could adversely affect any adjacent land shall not be discharged from the subject site onto the surface of the adjacent land.

19. Prior to the commencement of buildings or works the Applicant/Owner is to submit design plans for all proposed engineering works external to the site. The plans are to be submitted as separate engineering drawings for assessment by the Responsible Authority.

20. The Applicant/Owner is responsible to pay for all costs associated with reinstatement and/or alterations to Council or other Public Authority assets as a result of the development. The Applicant/Owner is responsible to obtain all relevant permits and consents from Council at least 7 days prior to the commencement of any works on the land and is to obtain prior specific written approval for any works involving the alteration of Council or other Public Authority assets. Adequate protection is to be provided to Council’s infrastructure prior to works commencing and during the construction process.

21. The qualified civil engineer when undertaking civil design must ensure that the landscape plan/s and drainage plan/s are compatible. The stormwater drainage and on site detention system must be located outside the tree protection zone (TPZ) of any trees to be retained.

22. The existing street trees must not be removed or damaged except with the written consent of the Responsible Authority (Parkswide Department).

23. Prior to commencement of buildings or works, except for the works approved under the Early Works Plan, the owner must enter into an agreement under section 173 of the Planning and Environment Act for:

a) The footpath, landscaping and street furniture in front of the property adjacent to Spring Street, Box Hill.

b) For any parts of the Building that are proposed to be constructed outside the property boundaries.

c) Amenity

24. The amenity of the area shall not be detrimentally affected by the use or development, through:

a) Transportation of materials, goods or commodities to or from the land,

b) Appearance of any building, works or materials,

c) In any other way.

25. The development and use of the site must not cause nuisance or be detrimental to the amenity of the neighbourhood by the emission of noise. Noise emissions from the proposed development must not exceed the limits set out in the Environmental Protection Authority’s State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade) No-N1. (Sepp N1).

26. Where a residential area will be impacted by noise from deliveries to the commercial tenancy, the deliveries must be inaudible in a habitable room of any residential premises (regardless of whether any door or window giving access to the room is open).

27. The deliveries to the commercial tenancy (café) shall occur between the following hours:

a) 7.00am to 10.00pm Monday to Saturday.

b) 9.00am to 10.00pm Sundays and Public Holidays

28. Noise from any fixed domestic plant must not be audible within a habitable room of any other residence (regardless of whether any door or window giving access to the room is open) during prohibited hours prescribed by the Environment Protection (Residential Noise) Regulations 2008 and the Public Health and Wellbeing Act 2008.

Building Services

29. All mechanical exhaust systems for the car park hereby approved must be located and sound attenuated to prevent noise and general nuisance to the occupants of the surrounding properties, to the satisfaction of the Responsible Authority.

Expiry

30. This permit will expire if one of the following circumstances applies:

a) The development is not commenced within three (3) years from the date of issue of this permit;

b) The development is not completed within five (5) years from the date of issue of this permit.

c) The approved uses have not commenced within one year of the completion of the development.

The Responsible Authority may extend the periods referred to if a request is made in writing in accordance with Section 69 of the Planning and Environment Act 1987.

Permit Note:

A. If any damage to Council trees occurs during the building works, full amenity value of the trees will be charged to the applicant. If any trees have to be removed as a part of this project, amenity value of the trees has to be paid in full to the Council ParksWide Department prior to the commencement of works.

C. Has made this decision having particular regard to the requirements of Sections 58, 59, 60 and 61 of the Planning and Environment Act 1987.

Council Resolution

Moved by Cr Barker, Seconded by Cr Liu

That Council:

a) Deletion of the terrace element along Spring Street frontage which overhangs the pedestrian public space.

b) Minimum setback of 6.0 metres for the podium levels, along the northern boundary.

c) Provision for shared communal laundry facilities associated with the accommodation and residential dwelling uses.

d) Notation on plans and landscape plans to ensure that the terrace element does not obstruct the tree canopy zone and the pedestrian footpath area

e) Screening measures to prevent overlooking into the secluded private open space areas of the property at 10 and 12 Wellington Street, immediately to the west, in accordance with Standard B22 at Clause 55.04-6 of the Whitehorse Planning Scheme.

f) All private open space (balcony) size and width must achieve:

i. Eight (8) square metres, with minimum width of 1.8 metres, for all one bedroom dwellings.

ii. Eight (8) square metres, with minimum width of 2 metres, for all two bedroom dwellings

iii. Twelve (12) square metres, with a minimum width of 2.4 metres, for all three bedroom dwellings.

iv. Compliance with the objective of Standard D19, Clause 58 (Private open space), and

v. Be constructed of materials that allow light into the apartments, whilst obscuring views onto balconies themselves.

g) Notation on plans and landscape plans to clearly identify the removal of Tree 24 – Liquidambar styraciflua (Liquidamber) and Tree 25 – Pyrus calleryana (Ornamental Pear).

h) All projecting piers within the shopfront entries shown to be located behind the glass front façade to provide an unobstructed path for pedestrian movement.

i) Podium details abutting adjoining properties to the west and north are to be resolved with high quality finishes, having regard to the adjoining residential uses and private open space abutments.

j) Thumbnail details and finishes need to be provided demonstrating the long term high quality resolution of materials and finishes including colour photographs and an external cladding sample board of external materials and finishes of key elements of the façade system at the ground, middle and upper levels.

k) Floor plans for all floor levels and notate all apartments/dwellings by number.

l) Each dwelling to detail all operable window, door and vents on floor plan and elevation drawings.

m) Roof plan illustrating all plant and equipment with screening provided ensuring views from all street frontages are obscured.

n) The location of columns within the car park are to be designed in accordance with Clause 52.06-9 of the Whitehorse Planning Scheme.

o) External building materials and finishes not resulting in hazardous or uncomfortable glare to pedestrians, public transport operators and commuters, motorists, aircraft, or occupants of surrounding buildings and public spaces to the satisfaction of the Responsible Authority:

i Issues relating to glare and reflectivity of chosen building materials must be addressed within a report prepared by a suitably qualified engineer to qualify the outcomes under this condition

p) All modification to the plans as specified in Sustainability Management Plan (SMP) outlined at Condition 5.

q) All modifications to the plans as specified in the Wind Impact Assessment Report outlined at Condition 11.