1 - City of Melbourne

FUTURE MELBOURNE (PLANNING) 

COMMITTEE REPORT 

APPLICATION FOR PLANNING PERMIT : TP-2010-595 

141 RODEN STREET, NORTH MELBOURNE 

Presenter: Martin Williams, Acting Manager Planning and Building 

Purpose and background 

1. The application is presented to the Future Melbourne Committee at the request of Councillor Brian 

Shanahan. 

Attachments: 

1. Supporting Attachment 

2. Locality Plan 

3. Proposed plans 

4. Delegate Report 

Agenda Item 5.2 

1 February 2011 

2. The purpose of this report is to advise the Committee of an application to construct a six storey building 

containing 62 dwellings with car and bicycle parking and to remove an easement at 141-149 Roden 

Street, West Melbourne (refer Attachment 2, locality plan and Attachment 3, proposed plans). 

3. The subject site is located on the south eastern side of Roden Street. It has a site area of approximately 

1027 square metres, is flat and is currently occupied by a service station. 

4. To the north east is a two storey building known as Embassy Café (at the corner of Spencer Street) and a 

taxi exchange at 135 Roden Street. To the south west is a three storey office building. Further south west 

are residential terrace houses. To the south east (rear) fronting Stanley Street are industrial land uses. 

5. The subject site is located within the Mixed Use Zone and is covered by a Design and Development 

Overlay (DDO) Schedule 29 which specifies a preferred building height of four stories. 

6. Eight objections were received in relation to the application from 148, 152 and 163 Roden Street and 138, 

142 and 176 Stanley Street. 

Key issues 

7. The key issues for consideration are building height, amenity, parking and traffic. 

8. The building is part six storey part four storey. The preferred height under the DDO is four stories. The 

proposal responds to this by setting back the higher form 9m from the facade so that the building appears 

as four stories when viewed from the street. This building envelope provides for an appropriate transition 

to the adjoining buildings. Given the size of the lot, the scale of the building is considered appropriate. 

9. With regard to amenity, any additional shadow cast by the proposal falls upon the street or roofs of 

adjoining buildings. The planning scheme requires balconies and windows to be screened when they are 

within 9m of a residential property. There are no residential properties within 9m of the site. 

10. The planning scheme technically requires a total of 124 car parking spaces (based on two spaces per 

dwelling). The proposal provides for 62 spaces. This is consistent with the ResCode rate for car parking 

and Council’s Engineering Services (ES) are satisfied with the car parking provision. 

Recommendation from management 

Page 1 of 34 

11. That the Future Melbourne Committee note that the permit applicant has appealed to the Victorian Civil 

and Administrative Tribunal (‘VCAT’) against Council’s failure to determine the application within 60 

days and determine to advise VCAT that its decision would have been to issue a Notice of Decision to 

Grant a Permit subject to the conditions in the Delegate Report (refer Attachment 4).

SUPPORTING ATTACHMENT 

Legal 

Attachment 1 


Future Melbourne Committee 


1. The Planning and Environment Act 1987 (the Act) and the regulations made under the Act prescribe 

various time limits in which the Responsible Authority must decide applications for planning permits. 

2. Section 84 of the Act provides that the Responsible Authority may decide on an application for a permit 

at any time after an appeal has been lodged for failure of the Responsible Authority to grant the permit, 

however, the Responsible Authority must not issue or give a permit, a notice of decision or a notice of 

refusal after the appeal has been lodged. 

Finance 

3. There are no direct financial implications arising from the recommendation contained in this report. 

Conflict of interest 

4. No member of Council staff, or other person engaged under a contract, involved in advising on or 

preparing this report has declared a direct or indirect interest in relation to the matter of the report. 

Stakeholder consultation 

5. The application was advertised by way of ordinary mail to surrounding property owners and occupiers. A 

public notice was placed on the site for 14 days. 

Relation to Council policy 

6. Relevant Council policies are discussed in the attached officer report (refer Attachment 4). 

Environmental sustainability 


7. Environmental sustainability issues have been considered and are outlined in the attached officers report 

(refer Attachment 4). 

1


Locality Plan – 141 Roden Street, West Melbourne 

Attachment 2 




1

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1 DUSTS STANDDUO ETOT 

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ABBREVIATIONS 

1.1. 6.1PIZE P.M 

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WINDOWS ON ADJACENT BUILDINGS 

NOTE. SE BOUNDARY OF SITE CURRENTLY NOT ACCESSIBLE 

\ 

\ \ , 

\ \\\7/ 

\ \\"\\ N \\ \ \ 



22N0 SEPTEMBER 9AM 22NO SEPTEMBER 10AM 22ND SEPTEMBER 11AM 

22ND SEPTEMBER 2PM 22NO SEPTEMBER 3PM 

0 2 AUG 2010 

1029 RODEN STREET, URBAN CONTEXT REPORT, PAGE 31

Page 19 of 34


DELEGATED PLANNING APPLICATION REPORT 

APPLICATION NO: TP-2010-595 

APPLICANT: Urban Inc 

ADDRESS: 141-149 Roden Street, WEST 

MELBOURNE VIC 3003 

PROPOSAL: Construction of a 6 storey building with car 

and bicycle parking and the removal of an 

easement. 

DATE OF APPLICATION: 30 July 2010 

RESPONSIBLE OFFICER: Meagan Merritt 

1. SUBJECT SITE AND SURROUNDS 

The subject site is located on the south eastern side of Roden Street, West 

Melbourne. The site is roughly square in shape with a frontage to Roden Street of 

30.36m. The side adjoins a ROW CL1680. The site area is approximately 1027m2 

and is approximately flat. 

The land is currently occupied by a service station which has two vehicle crossings to 

Roden Street. 

The surrounding area contains a mix of land uses including residential, commercial, 

light industrial, warehousing, etc. To the north east is a two storey building known as 

Embassy Café (at the corner of Spencer Street) and a taxi exchange at 135 Roden 

Street. 

To the south west is a three storey office building with basement accessed from 

Roden Street. Further south west are single storey terrace houses. The land to the 

south east fronts Stanley Street and has commercial and light industrial uses. 

The existing built form on the southern side of Roden Street is characterised by large 

allotments occupied by single, double and three storey warehouse buildings with 

100% site coverage and open lot car parks. The northern side of Roden Street is 

characterised by double storey residential terraces the immediate locality existing 

built form is large scale industrial buildings of a 2 to 3 storey height. 

Within walking distance of the site is the Errol Street activity centre which includes 

shops, places of employment, entertainment opportunities and public transport 

options such as trams, buses and trains. 

Attachment 4 




1

Subject Site: 

2. BACKGROUND AND HISTORY 

Pre-application discussions 

The application was discussed at pre application stage with Council’s planning and 

urban design departments. 

Amendments during the process 

The application was not formally amended during the application process. Revised 

plans were submitted to Council on 13 October 2010 to address the concerns raised 

by Council’s Engineering Services Group. 

Planning Application History 


There is no relevant history or background for this application. 

3. PROPOSAL 

The proposal involves the construction of a 6 storey building containing 62 dwellings 

with basement car parking. The details are as follows: 

• The crossover from Roden Street will provide access to two basement levels of 

car parking. 

• 62 car parking spaces, 14 bicycle spaces sit within the basement. 

• 12 visitor bicycle parking spaces at the site frontage within the title boundary. 

• The ground level comprises mail and bin rooms and nine dwellings (3 one 

bedroom and 6 two bedroom). 

• Levels 1 to 3 contain 14 dwellings (6 one bedroom and 8 two bedroom). 

• Level 4 contains 7 dwellings (2 one bedroom and 5 two bedroom). 

• Level 5 contains 4 dwellings (all two bedroom). 

• Levels 4 to 6 are setback approximately 6 and 9m. 

• Ground to third floor is built to the south east boundary setback to the south east 

and north east boundaries to provide court yards for the dwelling at ground floor. 

• Removal of an easement for the purpose of a carriageway on title plan 157089 

(Vol 09510 Fol 841). 

2

• The building height is 18.3m measured from the centre of the Roden Street 

frontage 

• The building is finished in light bronze glazing, bronze perforated metal screening 

and bronze rendered concrete. 

The proposal is documented in the plans prepared by Elenberg Fraser Architects 

dated 27/07/2010, copy on file. 

4. STATUTORY CONTROLS 

The following controls, decision guidelines and application requirements are relevant 

to the application: 

Clause Permit Trigger 

Mixed Use Zone A permit is required to construct two or more dwellings on a lot. 

The Higher Density Guidelines apply. 

Design and 

Development Overlay – 

Schedule 29 

Clause 52.06 – Car 

Parking 

Clause 52.34 – Bicycle 

Parking 

Clause 52.35 – Urban 

Context and Design 

and Response 

Clause 52.36 – 

Integrated Public 

Transport 

A permit is not required for demolition. 

5. STRATEGIC FRAMEWORK 

State Planning Policy Framework 


A permit is required to construct a building that exceeds four 

stories. The overlay specifies a preferred discretionary height 

limit of four stories in this location. 

A permit is required to waive or vary the standard car parking 

rate. A total of 124 spaces are required by the provision 

therefore a waiver of 62 spaces applies. 

18 bicycle parking are required. 26 are provided. A waiver is 

not required. 

A contextual design response required. 

The application must be referred to the Director of Public 

Transport for comment. 

Clause 11.02-3 – Structure planning 

’To facilitate the orderly development of urban areas.’ 

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 impacts on 

neighbouring properties.’ 

Clause 15.01-5 – Cultural identity and neighbourhood character 

’To recognise and protect cultural identity, neighbourhood character and sense of 

place.’ 

3


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.’ 

Clause 16.01-1 – Integrated housing 

’To promote a housing market that meets community needs’. 

Clause 16.01-2 – Location of residential development 

’To locate new housing in or close to activity centres and employment corridors and at 

other strategic redevelopment sites that offer good access to services and transport.’ 

Clause 18.02-2 – Cycling 

’To integrate planning for cycling with land use and development planning and 

encourage it as an alternative mode of transport.’ 

Clause 18.02-5 – Car parking 

’To ensure an adequate supply of car parking that is appropriately designed and 

located.’ 

Generally these policies support medium density housing in appropriate locations 

that are well serviced. They require development to be well designed, site responsive 

and sustainable, taking into account a range of transport options. 

State policy recognises the need for urban consolidation. Medium density housing 

should be located within an established urban area, close to the CBD and Errol 

Street shopping area, well serviced by public transport. The MSS Clause 

acknowledges that the City of Melbourne’s population is growing and managing 

residential growth in a sustainable way is a key issue. 

There is strong strategic justification for the development of this site as it is within a 

zone which supports residential use, the site is suitable for medium density 

development and the site is well serviced by retail and public transport services. 

Local Planning Policy Framework (Municipal Strategic Statement) 

Clause 21.04 Land Use nominates land use and amenity principles for properties in 

the Mixed Use Zone which are: 

• To provide for a range of residential, commercial, industrial and other land uses 

which complement the mixed use function of the locality. 

• To ensure new dwellings are located and designed to protect residents from off 

site amenity impacts. 

• To ensure the amenity of existing residential uses is protected. 

• To support a diverse range of housing tenures, types and options to meet the 

housing needs of the community. 

• To ensure new residential developments contribute to the social and physical 

infrastructure of the City. 

Clause 21.05-1 City Structure and Built Form 

The subject site is located in an area where the existing built form character is to be 

preserved. 

• Ensure that the height and bulk of new buildings as well as new structures 

including signage responds to the site context including the prevailing 

neighbourhood and heritage character. 

4


• Ensure that development does not undermine the significance of any identified 

Heritage Place or Precinct. 

• Ensure the buildings are designed to minimise overlooking to adjoining residential 

properties. 

• Ensure a high level of on site amenity for future occupants of new residential 

developments. 

Clause 21.08-9 Local Areas – North and West Melbourne 

• The site is located within an area proposed to support mixed use and residential 

development, retail, small scale business and industrial uses given the proximity 

to the Central City and Docklands. 

Local Planning Policy Framework (Local Policies) 

Clause 22.17 – Urban Design Guidelines Outside the Capital City Zone. 

This policy provides guidance on the following urban design considerations 

associated with new development: 

Scale, context, building height, building bulk, large and prominent sites, street level 

frontages, fronts and backs of buildings, building tops, visible facades and blank 

walls, pedestrian connection and vehicle access, building projects, protection from 

wind and rail, landscape, access and safety in public spaces. 

6. PARTICULAR/ GENERAL PROVISIONS 

The following apply to this application: 

• Clause 52.06- Car Parking 

• Clause 52.34- Bicycle Facilities 

• Clause 52.35- Urban Context Report and Design Response for Residential 

Development of Four or More Storeys 

• Clause 52.36- Integrated Public Transport Planning 

• Clause 65- Decision Guidelines, which includes the matters set out in Section 60 

of the Planning and Environment Act 1987. 

• Clause 66- Referral and Notice Provisions 

7. PUBLIC NOTIFICATION 

It was determined that the proposal may result in material detriment therefore Council 

gave notice of the proposal by ordinary mail to the owners and occupiers of 

surrounding properties and directed that the applicant give notice of the proposal by 

posting a notice on the site for a 14 day period, in accordance with Section 52 of the 

Planning and Environment Act 1987. 

8. OBJECTIONS 

The application has received 6 objections raising the following concerns 

(summarised): 

• Overdevelopment and visual bulk caused by an excessive building height 

• Loss of city views 

• Overlooking to 148 Roden Street 

• Inconsistent with the neighbourhood character and streetscape 

• Inadequate onsite car parking and inadequate public transport access to support 

the waiver 

• Potential drainage problems and loss of access to the lane 

• Drainage 

• Roof top access to adjoining properties during construction 

• Loss of light and overshadowing to 136 Stanley Street 

5

Objectors Properties: 

Subject 

Site 


North and West Melbourne Residents Association not shown. 

9. EXTERNAL REFERRALS 

The application was externally referred to the Director of Public Transport who did 

not object to the grant of a planning permit. 

10. INTERNAL REFERRALS 

The application was referred to the following areas of Council for comment: 

• Engineering Services referral 

• Land Survey Referral 

• Urban Design 

Land Survey provided the following comment (summarised): 

• Land Survey has no objection to the removal of the easement shown as E-1 on 

CP 154866. 

• The easement appears to be only in favour of the land in the plan of consolidation 

and probably should not have been shown on the plan of consolidation to begin 

with. 

• It is noted that you have advertised the application to all abutting owners and this 

is sufficient notice for the removal of the easement. 

Urban Design provided the following comments (summarised): 

• The impact of the upper level is limited and the additional height is therefore 

acceptable. 

6


• The deep recess adjacent the gas meter is a potential entrapment spot. We 

recommend that such recesses be wider than they are deep. 

We support the absence of above ground car parking. 

• Soil depths need to be provided to enable trees to grow in the court yards. Given 

that the basement fills virtually the entire site, either raised planters or (preferably) 

recessing planters into the basement. 

• Reference is made to the rainwater capture, but no water storage is evident on 

the drawings. 

Engineering Services Group provided the following comment (summarised): 

• The proposed development has a requirement for 124 resident spaces, based on 

the statutory rate of 2 spaces per dwelling. It is accepted that these requirements 

are excessive, particularly given the location of the site and characteristics of the 

dwellings. Engineering Services supports the provision of 1 space per apartment. 

The proposed provision of 62 spaces satisfactory. 

• Existing parking restrictions will not be changed to provide for the parking 

requirements of the development and residents will not be eligible for parking 

permits. 

• There are sufficient short-term parking spaces in the vicinity of the site to 

accommodate visitor parking (12 spaces). 

• The existing crossover is considered too wide, and should be reduced to no more 

than 6m to better match the proposed ramp. Kerb and channel should be 

reinstated, and pedestrian sight triangles provided on both sides of the access 

ramp in accordance with AS/NZS 2890.1:2004 requirements. The proposed ramp 

width does not comply with the AS/NZS 2890.1:2004 requirement of 6.1m 

between walls for two-way ramps and needs to be amended accordingly. 

• It is noted that the aisle width of 6.15m provided behind spaces 16 to 20, 23, 24, 

27 and 28 on Level B1 and 46 to 50 and 53 to 58 on level 2 is inadequate. The 

spaces should be widened to a minimum of 2.7m or the aisle increased to 6.4m. 

• Bicycle spaces 13 and 43 should be relocated as suggested in the Cardno report. 

• The columns located along the north-eastern row of parking spaces at each level 

(21 to 30 and 51 to 60) should be set back a minimum of 400mm from the open 

end of the parking spaces. 

• The ramp grades and the RLs should be provided along the ramps to ensure that 

adequate headroom is provided above the ramps. 

• Clause 52.34 requires 12 resident and 6 visitor bicycle parking spaces 14 spaces 

are proposed and is satisfactory. 

• There is no requirement to provide a loading facility. 

• The Waste Management Plan submitted by Leigh Design (dated 28 July) is 

adequate. The permit should state that an amended WMP should be submitted 

indicating a twice weekly Council collection of garbage. Waste storage and 

collection must be undertaken as described in the amended WMP. 

7


• Engineering Services has no objection to the proposed development in-principle, 

subject to the comments provided above being satisfactorily addressed by the 

applicant. 

Revised plans were submitted to Council on 13 October 2010 addressing these 

concerns. As the plans were not formally amended the recommendations of the 

Council’s Engineers will be included as conditions on the permit. Engineering 

Services Infrastructure provided conditions to be included on the permit. 

11. ASSESSMENT 

The main issues arising from this application relate to built form including building 

height and scale. 

Building Height 

The MSS has in place objectives and strategies to guide new development to 

achieve the identified preferred built form character. Clause 21.05 states that: 

‘The height, scale, mass and bulk of new development needs to preserve the 

existing character of areas, except where a new built form character has 

been explicitly identified.’ 

This is reinforced in the implementation strategies at Clause 21.08-9, page 46 of 59: 

‘Ensure that development is sympathetic to the architecture, scale and 

heritage character of the lower scale areas’. 

The prevailing height is generally two to three storey, however the site is located in 

an area where there is an overlay control allowing development up to 4 storeys as 

discussed below. 

DDO29 implements the above preferred built form policies and strategies. The DDO 

requires that buildings or works should not exceed a Maximum Building Height of 4 

storeys. Whilst this preferred height can be exceeded, any proposal to do so must be 

able to demonstrate how it will continue to achieve the Design Objectives and Built 

Form Outcomes. DDO29 has 3 objectives and 3 relevant built form outcomes 

discussed bellow. 

8


DDO29 Design objective 1 - Acknowledge the transitional nature of the area: 

The subject site is located central to the DDO29. To the south is the low scale 1-2 

storey residential zone. Beyond this is DDO32 - North Melbourne Peripheral with a 

mandatory height limit of 14m. To the south is DDO33 - CBD fringe which has a 

discretionary height limit of 40m. DDO29 provides a transition in height from the 

preferred lower scale area to the north increasing in scale towards the CBD. 

The proposed stepping back of the building at the upper levels is appropriate in that 

the height of the façade and parapet along Roden Street remains 4 stories. This 

provides a transition to the lower scale residential buildings nearby. The taller section 

of the top two levels is setback back up to 9m which provides an appropriate 

interface to the Stanley Street area where the built form increases. The upper levels 

will be partly concealed from Roden Street and visible within the surrounding 

streetscapes. 

DDO29 Design Objective 2 - To encourage the development of a new built form 

character and the retention of the mixed use nature of the area. 

This design objective is not contextual but one which encourages a new residential 

built form no greater than 4 stories while retaining the mixed use nature of the area. 

This proposal encourages a new built form character, albeit taller than the preferred 

height and becomes the new, tallest built form in the immediate locality. 

Given the size and depth of the site the proposed six stories will be a transitional 

form that relates to the built form south-east of the site rather than the north west 

lower scale residential areas. 

9


DDO29 Design Objective 3 - To acknowledge the potential for higher density 

development near North Melbourne Railway Station 

The subject site is outside this area and therefore the objective is not directly 

relevant. 

DDO29 Built Form Outcome 1 - Higher buildings and a new built form character. 

The proposal at achieves this partly through limiting the height to four stories along 

Roden Street and setting back the upper levels. The increased height at the rear of 

the site is appropriate given the interfacing industrial and warehouse buildings 

adjoining the site facing Stanley Street, which includes sites appropriate for 

redevelopment. 

DDO29 Built Form Outcome 2 - Development reflects the higher building forms in the 

area. 

The proposal at 4 and 6 stories will be higher than neighbouring buildings. 74 

Stanley Street is the tallest building in the immediate locality at three storeys. A part 4 

and part 6 storey building has been issued a planning permit at 87 Roden Street. In 

the context of the transitional nature of the site and the relative visibility of the taller 

building this is considered an appropriate built form outcome. 

DDO29 Built Form Outcome 3 - Development respects the scale of, and provides a 

transition to, adjoining lower scale heritage buildings. 

It is noted that the land on the opposite side of Roden Street is contained within a 

precinct heritage overlay although in DDO29. It is considered that this new building 

although higher than the heritage buildings does not detract from the heritage values 

of the precinct. 

The building is an interpretive and clearly modern form and style which is considered 

to be complementary to the heritage buildings rather that reproductive. Furthermore 

the wide separation afforded by Roden Street (30m) itself and the intervening 

landscaped median strip serve to delineate between the two zones. 

Scale 

In relation to scale, Clause 22.17 has the following relevant objectives: 

To ensure that the scale, siting, massing and bulk of development 

complements the scale, siting, massing and bulk of adjoining and nearby built 

form. 

To ensure that the height of buildings relates to the prevailing patterns of 

height and scale of existing development in the surrounding area. 

With policy specifically relating to scale: 

The scale of new development is encouraged to respond to the scale of 

surrounding development both in terms of its overall dimensions and the size 

of its individual architectural elements. 

The building is setback from the front, rear and north east. It is built to the south west 

boundary and adjoins a simultaneously constructed wall for part of the boundary. The 

upper levels 5 and 6 are setback 4.8m and 10m which significantly reduces any 

perceived building bulk. When viewed from the opposite side of the street these 

upper levels will be partially concealed so the building will mostly appear as a four 

storey building. 

10


Amenity 

Overshadowing – The shadow caused by the new building falls mostly upon the roofs 

of the adjoining commercial and industrial buildings, upon the site itself or the road. 

A small amount of shadow falls upon the residential building at 159 Roden Street. 

This shadow is cast from 9-11am and does not affect the site after 12. The impact of 

this shadow is minimal and complies with overshadowing requirements of the 

planning scheme. 

An objection was received regarding shadowing and loss of light to the industrial 

property at 136 Stanley Street. There is no provision for consideration of amenity to 

non residential uses within the planning scheme. 

Overlooking – There are no residential properties within 9m of the site. The 

overlooking requirements of the scheme are therefore met. 

An objection was received regarding overlooking to 148 Roden Street (opposite the 

site). This site is separated by the road reserve which is approximately 30m and the 

private open space of the dwelling sits behind the house. There is no opportunity for 

overlooking to 148 Roden Street. 

Internal site amenity – Each dwelling is between 35 and 80m2 and contains one or 

two bedrooms. Each dwelling also has an area of private open space in a balcony or 

terrace. The scale of these areas are appropriate to the size of the dwellings and 

particularly generous at the upper levels. These spaces provide for recreation and 

open space opportunities. 

Almost two thirds of the dwellings have a northerly aspect, which allows for optimal 

solar access (heating, light, etc). 

There is adequate room for storage, car parking, bicycle parking and rubbish in the 

basement. 

Some of the one bedroom dwellings rely upon borrowed light to the bedrooms. The 

layout of these dwellings allow the rooms to be opened at two places and rely upon 

internal windows. On this basis use of borrowed light to these rooms is accepted. 

Parking and Traffic 

Bus services operate along Spencer Street walking distance from the subject site. 

The nearest tram service is located some 300m walking distance from the site (Route 

57 – Victoria Street) and the nearest train station is located some 700m walking 

distance from the site (North Melbourne Station). 

The site also enjoys excellent proximity to the CBD and surrounding complementary 

land uses. It is acknowledged there is a short fall of car parking spaces for visitors. 

The proposal offers an opportunity to reduce the housing price by not providing car 

parking for some dwellings and encourages new residents to reduce their use of 

private cars and take advantage of the excellent alternative modes of transport 

available to the site. 

The matters raised in the Engineering Services comments have been adequately 

addressed in the plans dated 13/10/2010. Council’s Engineers support a waiver of 62 

car parking spaces in this location. 

11

Removal of the Easement 

Council’s Land Survey department have consented to the removal of the easement, it 

is therefore supported. 

Additional Objectors Concerns 

Generally all of the objections raised the issues relating to height, character, density 

and car parking which have been addressed. Issues which have not been addressed 

in the above report are as follows: 

Loss of view – There is no provision in the Melbourne Planning Scheme which 

protects a views. 

Drainage and roof top access to adjoining properties during construction – A 

construction management plan will required via condition which will address these 

concerns. Furthermore Council’s Engineering Services Group have recommended 

conditions relating to drainage which will be included on the permit. 

ESD 


Active and passive environmentally sustainable design has been incorporated into 

the proposed development. The development complies with the BCA Section J 

thermal performance standard and to Victoria’s 5 star standard. It incorporates the 

following features: 

• Natural ventilation to the apartments is significantly improved through the careful 

arrangement and detail of the balconies, balustrades, screens and windows. 

• The lobby is naturally ventilated through the use of passive thermal buoyancy and 

negative wind pressure shafts which operate through sun and wind energy. 

• The court yards are extended at ground level to allow for green landscaped 

areas. 

• Exposed thermal mass within the apartments creates a thermal lag which 

stabilises internal temperatures and reduces the reliance on artificial heating and 

cooling systems. 

• High performance building fabric stablises internal temperatures (ie high 

performance window and façade systems and reduces reliance on artificial 

heating and cooling systems). 

• Rainwater harvesting is used to irrigate landscaping. Fixtures and fittings are 

specified with high water efficiency to minimise consumption. 

• The proposal encourages urban consolidation and increases the usability of the 

land which assists in limiting further urban sprawl. 

Conclusion 

The proposal provides a new built form character for this part of Roden Street. It is 

consistent with the objectives and built form outcomes of the DDO29 as the building 

reads as four stories when viewed from the street. The upper two levels are 

adequately setback which ensures an appropriate transition to the surrounding 

heritage character to the north. 

The proposal generally complies with the requirements of the planning scheme it is 

well designed and an appropriate design response for this location. 

12

12. RECOMMENDATION 

It is considered that the proposal is consistent with the relevant sections of the 

Melbourne Planning Scheme, as discussed above, and that a Notice of Decision 

to Grant a Permit be issued for the proposal subject to the following conditions. 

13. CONDITIONS 

1 Prior to the commencement of the development the applicant must submit to 

the Responsible Authority plans generally in accordance with those marked 

Revision E (dated 13/10/2010) but amended to show: 

(a) Details of the landscape pits to allow for trees in the courtyards. 

(b) Provision for water storage. 


(c) Redesign of the access to services to allow for a deeper recess. 

(d) The existing crossover modified to at least 6m to match the proposed 

ramp. 

(e) Reinstatement of the kerb and channel with pedestrian sight triangles 

provided on both sides of the access ramp. 

(f) The proposed ramp width 6.1m between walls for two-way ramps. 

(g) The aisle width of 6.15m provided behind spaces 16 to 20, 23, 24, 27 and 

28 on Level B1 and 46 to 50 and 53 to 58 on level 2 increased to 6.4m. 

(h) The bicycle spaces 13 and 43 relocated. 

(i) The columns located along the north-eastern row of parking spaces at 

each level (21 to 30 and 51 to 60) set back a minimum of 400mm form 

the open end of the parking spaces. 

(j) Ramp grades and the RLs along the ramps demonstrating adequate 

headroom. 

These amended plans must be to the satisfaction of the Responsible Authority 

and when approved must be the endorsed plans of this permit. 

2 The development as shown on the endorsed plans must not be altered or 

modified without the prior written consent of the Responsible Authority. 

3 Prior to the commencement of the development the Waste Management Plan 

submitted by Leigh Design (dated 28 July) is to be amended to indicate a twice 

weekly Council collection of garbage. Waste storage and collection must be 

undertaken as described in the amended WMP. 

4 A schedule and samples of all external materials, colours and finishes must be 

submitted to the satisfaction of the Responsible Authority prior to the 

commencement of the development. The schedule must show the materials, 

colours and finishes of all external walls, roof, fascias, window frames, glazing 

types, doors, balustrades, fences and paving, (including car park surfacing), 

outbuildings and structures. 

5 The owner of the subject land must construct a drainage system, incorporating 

water sensitive urban design, within the development and make provision to 

13


connect this system to Council’s underground stormwater drainage system in 

accordance with plans and specifications first approved by and to the 

satisfaction of the Responsible Authority. 

6 The Owner of the subject land must construct all necessary vehicle crossings 

and demolish all unnecessary vehicle crossings adjacent the subject land in 

accordance with plans and specifications first approved by and to the 

satisfaction of the Responsible Authority. 

7 The Owner of the subject land will not be permitted to alter the existing 

footpath/road levels in Roden Street or the adjoining laneways for the purpose 

of constructing new vehicle or pedestrian entrances without first obtaining the 

written approval of the Responsible Authority. 

8 The Owner of the subject land must reconstruct the footways in Roden Street 

adjacent the subject land in accordance with plans and specifications first 

approved by and to the satisfaction of the Responsible Authority. 

9 Prior to the commencement of the development, including demolition or bulk 

excavation, a detailed construction and demolition management plan must be 

submitted to and be approved by the Responsible Authority. This construction 

management plan is to be prepared in accordance with the City of Melbourne - 

Construction Management Plan Guidelines and is to consider the following: 

• Public safety, amenity and site security. 

• Operating hours, noise and vibration controls. 

• Air and dust management. 

• Stormwater and sediment control. 

• Waste and materials reuse. 

• Traffic management. 

10 Landscape works as shown on the endorsed plans must be completed within 6 

months from the completion of the development to the satisfaction of the 

Responsible Authority and subsequently maintained to the satisfaction of the 

Responsible Authority. 

11 Prior to the occupation of the development hereby approved the applicant must 

undertake a Phase 2 environmental assessment of the site to determine if it is 

suitable for residential use. This assessment must be carried out by a suitably 

qualified environmental professional who is acceptable to the Responsible 

Authority. 

The recommendations of this assessment, if any, must be implemented prior to 

the occupation of the building to the satisfaction of the Responsible Authority. 

Should the assessment reveal that an Environmental Audit of the site is 

necessary then prior to the occupation of the building the applicant must provide 

either: 

14

(a) A Certificate of Environmental Audit in accordance with Section 53Y of the 

Environment Protection Act 1970; or 

(b) A Statement of Environmental Audit in accordance with Section 53Z of the 

Environment Protection Act 1970. This Statement must confirm that the site is 

suitable for residential use. 

Where a Statement of Environmental Audit is provided, all the conditions 

thereon must be complied with prior to the occupation of the building to the 

satisfaction of the Responsible Authority. Written confirmation of compliance 

must be provided by a suitably qualified environmental professional or other 

suitable person acceptable to the Responsible Authority. In addition, sign off 

must be in accordance with any requirements in the Statement conditions 

regarding verification of required works. 

If there are conditions on any Statement of Environmental Audit that the 

Responsible Authority considers requires significant ongoing maintenance 

and/or monitoring, the applicant must enter into a legal agreement in 

accordance with Section 173 of the Planning and Environment Act 1987. This 

Agreement must be executed on title prior to the occupation of the building. 

The applicant must meet all costs associated with drafting and execution of the 

Agreement including those incurred by the Responsible Authority. 

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

• The development is not started within two years of the date of this permit. 

• The development is not completed within four years of the date of this 

permit. 

The Responsible Authority may extend the periods referred to if a request is 

made in writing before the permit expires, or within three months afterwards. 

NOTE: 

Existing parking restrictions will not be changed to provide for the parking 

requirements of the development and that residents will not be eligible for 

parking permits. 

14. DECISION 

The Lord Mayor, Deputy Lord Mayor and Councillors were notified of the above 

recommendation on 26 November 2010. 

Councillor Shanahan requested that the application be presented to the Future 

Melbourne Committee for further consideration. 

Meagan Merritt 

Senior Planning Officer 

City of Melbourne 

26 November 2010 


15

1 - City of Melbourne

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