Report to the Future Melbourne (Planning) Committee …

Report to the Future Melbourne (Planning) Committee Agenda item 6.3

Planning Permit Application: TP-2013-987, 101-111 Sturt Street, Southbank

5 August 2014

Presenter: Karen Snyders, Planning Coordinator

Purpose and background

1. The purpose of this report is to advise the Future Melbourne Committee of a Planning Application TP-2013-987 at 101-111 Sturt Street, Southbank. The planning application was lodged with the City of Melbourne on 5 December 2013. An amendment to the application was received on 30 May 2014 (refer Attachment 2, Locality plan). The application has been advertised and 73 objections were received.

2. The applicant is Belinda Buckley and the land is Crown land managed by Arts Victoria. A Management Plan has been prepared by SJB Planning.

3. The application seeks approval for the use of land within the Australian Centre for Contemporary Art (ACCA) forecourt for the purpose of a market consisting of approximately 80 3m x 3m stalls (refer Attachment 3 – Selected proposed plans).

4. The proposed trading hours for the market are 9am to 4pm every Saturday. The ingress of vendors is proposed to commence at 7am and conclude at 9am and egress of vendors to commence at 4:15pm and conclude at 5.30pm on market days.

Key issues

5. The key issues relevant to making a decision are the appropriateness of the proposed land use in this location, the management of the proposed land use and car parking.

6. The use is supported by the provisions of the State Planning Policy Framework and the Municipal Strategic Statement of the Melbourne Planning Scheme and is considered to be in accordance with the purpose and decision guidelines of the Public Use Zone. The site is affected by the Parking Overlay 1 which provides a maximum, rather than minimum requirement parking for the provision of car parking spaces.

7. The site is Crown land (reserved for the purpose of cultural, recreational and educational purposes) and is governed by the Crown Land (Reserves) Act 1978 (Act). As such, the committee of management (Arts Victoria) must grant a licence under section 17 of the Act to allow use of the land for the purpose of a market.

8. The application includes a management plan for the market which outlines the policies and procedures that will govern the management and operation of the market. The Market Management Plan is considered to satisfactorily address the general market operations and management, including patron, traffic and waste management, within the context of its location.

Recommendation from management

9. That the Future Melbourne Committee resolves that:

9.1. A Notice of Decision to Grant a Permit be issued subject to the conditions set out in the Delegate Report (refer Attachment 4).

Attachments: 1. Supporting Attachment 2. Locality Plan 3. Selected proposed Plans 4. Delegate Report

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1

Supporting Attachment

Legal

1. The City of Melbourne is the responsible authority for determining the application

Finance

2. There are no direct financial issues arising from the recommendations contained in this report.

Conflict of interest

3. 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

4. It was determined that the proposal may result in material detriment. Notice of the proposal was given by ordinary mail to the owners and occupiers of surrounding properties and by posting one notice on the site for a 28 day period, in accordance with Section 52 of the Planning and Environment Act 1987.

5. Notice of the application was given to the Environmental Protection Agency (VIC), Transurban City Link Ltd and VicRoads in accordance with Clause 66.06 of the MPS. None of these authorities raised an objection to the proposal.

Relation to Council policy

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

Environmental sustainability

7. The Waste Management Plan was referred with the application documentation to Council’s Urban Services Team who advised that the plan is satisfactory.

Further environmental sustainability issues or opportunities are considered not relevant to this proposal as buildings and works are not proposed as part of this permit application.

Attachment 1Agenda item 6.3

Future Melbourne Committee 5 August 2014

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Locality Plan

101-111 Sturt Street, Southbank

Attachment 2 Agenda item 6.3


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Selected Proposed Plans



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DELEGATED PLANNING APPLICATION REPORT

Application number: TP-2013-987

Applicant / Owner / Architect: Belinda Buckley

Address: Malthouse Plaza, 101-111 Sturt Street, SOUTHBANK VIC 3006

Proposal: Use of the land for a Market

Date of application: 5 December 2013 (Amended

Responsible officer:

(DM# 8625286)

Evan Counsel

1 SUBJECT SITE AND SURROUNDS

The site has a total area of approximately 7800m2 and is bound by Sturt, Grant and Dodds Street, Southbank. The land is currently developed with an abstract building that is utilised by the Australian Centre for Contemporary Art (ACCA) and Chunky Move Dance Company on the upper floor. On the north-eastern corner of the land is a 50m tall exhaust stack for the City Link tunnel and a large yellow art sculpture.

The site is Crown land (reserved for the purpose of cultural, recreational and educational purposes).

Locality Plan



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The land subject to this application is the ACCA forecourt. The forecourt is located on the north side of the ACCA building as indicated by the dashed red line on the aerial photo below. The land is located over part of the Domain Tunnel (CityLink). The property located to the south of the site forms part of The Malthouse theatre complex.

Aerial Photo

North

Across Grant Street, is the Victorian College of the Arts. Further to the north, across Southbank Boulevard, are the National Gallery of Victoria and the Victorian Arts Centre.

This area is located within the Public Use Zone Schedule 2 (Education), and further north the Capital City Zone Schedule 3 (Southbank).

North-east

Across Grant and Dodds Streets, is the Victorian Police Mounted Branch and Victorian College of the Arts. Further north-east is Kings Domain gardens and the Sidney Myer Music Bowl.

This area is located with the Public Use Zone Schedule 2 (Education), and further north-east the Public Park and Recreation Zone.

East

Across Dodds Street, adjacent the subject land is an area of public open space fronting Grant Street. At 8 Wells Street is a 13 storey residential building known as ‘The Sovereign’ containing 109 dwellings. Almost all of the dwellings have car spaces on title. The ‘Kings Park on Southbank’ development is located at 12-80 Wells street and is a row of four-level apartment buildings comprising 107 dwellings with 108 car parking spaces.

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Further to the east at 250 St Kilda Road is ‘The Melburnian’, comprising a 46-apartment, 9-level building to St Kilda Road (Garden Tower), two 23-level towers, one with 85 apartments to Wadey Street (East Tower), another with 94 apartments on the Wadey and Wells Streets corner (West Tower), and eight three-level terrace houses to Grant Street (Grant Terrace). The complex includes three basement parking levels and two retail premises.

This area is located within the Mixed Use Zone; and further east, across St Kilda Road, the Public Park and Recreation Zone (Kings Domain gardens).

West

Across Sturt Street, is a section of the CityLink Southbank Interchange, and surrounding vacant land and landscaped areas.

North-west

Across Grant and Sturt Streets, at 168 Sturt Street is a 2-storey building being the VICSES State Headquarters (Victorian State Emergency Service). Further north at 152 Sturt Street (Guild Apartments) and 120 Sturt Street is multi-level residential buildings. The ‘Guild Apartments’ comprise 317 residential dwellings, with approximately 222 car parking spaces and ground floor retail space in the podium. The ‘Sutherland Place Apartments’ comprise 144 residential dwellings with one car parking space per dwelling.

This area is located within the Capital City Zone Schedule 3 (Southbank).

2 PROPOSAL

It is proposed to use land within the ACCA forecourt for the purpose of a market.

Approximately eighty 3m x 3m stalls are proposed with market trading hours of 9:00am-4:00pm every Saturday.

No buildings or works are proposed as part of this application. All associated temporary structures and materials will be put in place and removed from the site during the specified times on market operation days.

The ‘bump-in’ (ingress) of vendors is proposed to commence at 7:00am and conclude at 9:00am every Saturday. The ‘bump-out’ phase (egress) is proposed to commence at 4:15pm and conclude at 5:30pm every Saturday.

In the words of the applicant the market will:

Offer a platform for unique, innovative and emerging designers, artists, artisans and musicians, The Upmarket is a permanent hub for design.

Offer fresh produce straight from the farm every week, as well as a variety of gourmet eats...

A plan of the proposed market is provided below:

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3 BACKGROUND AND HISTORY

3.1 Pre-application discussions

No formal pre-application meeting was undertaken with council officers prior to lodging the application.

A number of informal discussions took place with the applicant prior to the application being lodged regarding potential sites, during which officers advised that a planning permit was required.

3.2 Planning Application History

There is no directly relevant history or background for this application.

4 PLANNING SCHEME PROVISIONS

The following provisions of the Melbourne Planning Scheme apply:

State Planning Policies

Clause 11 – Settlement

Clause 17 – Economic Development

Clause 18 – Transport

Clause 19 – Infrastructure

Municipal Strategic Statement

Clause 21.03 – Vision

Clause 21.04 – Settlement

Clause 21.08 – Economic Development

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Clause 21.09 – Transport

Clause 21.10 – Infrastructure

Clause 21.13-1 – Southbank

Local Planning Policies

None applicable to this application.

Statutory Controls

Clause 36.01

Public Use Zone, Schedule 7 – Other Public Use

Pursuant to Clause 36.01, a permit is required to use the land for the purpose of a market where the use is not carried out by or on behalf of the public land manager.

An application for a permit by a person other than the relevant public land manager must be accompanied by the written consent of the public land manager, indicating that the public land manager consents generally or conditionally either:

To the application for permit being made.

To the application for permit being made and to the proposed use or development.

As such, a planning permit is required under the provisions of this clause.

Clause 43.02

Design and Development Overlay,

Schedule 1 – Active Street Frontages

Pursuant to Clause 43.02, a permit is required to construct a building or construct or carry out works unless a schedule to this overlay specifically states that a permit is not required.

As this application does not propose to undertake buildings and works a permit is not required under the provisions of Schedule 1.

Schedule 27 – City Link Exhaust Stack Environs


Clause 4 of Schedule 27 states that where a permit is required to use land under another provision in this scheme, notice must be given under section 52(1)(c) of the Planning and Environment Act 1987 to the EPA, Transurban City Link Ltd and the Roads Corporation.

Schedule 60 – Southbank


Clause 45.07

City Link Project Overlay

Pursuant to Clause 45.07, a permit is required to use or develop land in the City Link Project area if the use or development is not part of the Melbourne City Link Project or the Exhibition Street Extension Project.

As such, a planning permit is required under the provisions of this clause.

An application must be referred under Section 55 of the Act to the Roads Corporation.

Clause 45.09

Parking Overlay, Schedule 1

Pursuant to Clause 45.09, a permit is required to provide car parking spaces in excess of the car parking rates in Clause 3.0 of schedule 1.

As this application does not propose to provide car parking spaces on the site a permit is not required under the provisions of this clause.

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Particular Provisions

None applicable to this application.

General Provisions

Clause 65 –Decision Guidelines

The responsible authority must decide whether the proposal will produce acceptable outcomes in terms of the decision guidelines of this clause.

Clause 66 – Referral and Notice Provisions

The responsible authority must refer and give notice of an application in accordance with the provisions and requirements of this clause.

5 PUBLIC NOTIFICATION

It was determined that the proposal may result in material detriment. Notice of the proposal was given by ordinary mail to the owners and occupiers of surrounding properties and by posting one notice on the site for a 28 day period, in accordance with Section 52 of the Planning and Environment Act 1987.

Notice of the application was given to the Environmental Protection Agency (VIC), Transurban City Link Ltd and VicRoads in accordance with Clause 66.06 of the MPS. None of these authorities raised an objection to the proposal.

A number of objections raised issue with public notice of the application being given during the Christmas holiday period and the lack of community engagement undertaken in relation to the proposal.

As identified above, notice of the proposal was given in accordance with Section 52 of the Planning and Environment Act 1987. The usual 14 day notice period was extended to 28 days due to the Christmas holiday period. Following the conclusion of the advertising period a community consultation meeting was arranged by officers and is discussed further at section 7 of this report.

6 OBJECTIONS

The application received seventy-three objections (fifty pro-forma) raising the following concerns (summarised):

Use of Crown Land for commercial purposes

Excessive size and frequency of the market

Disruption and impact upon the surrounding area and its facilities

Loss of amenity to nearby residents including increased congestion, noise and smells

Public health and safety

Traffic and parking

Waste Management

Sale and consumption of alcohol

Attract additional visitors to the area causing congestion

Impacts on nearby public open space

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Impact on existing markets

Lack of community engagement

Experience and competency of the operator

Public notification of application given during Christmas holiday period

Responsibility and enforcement

The application also received six letters of support.

7 CONSULTATION

Given the receipt of the above objections, the following consultation was undertaken:

Numerous telephone conversations with the applicant, local residents and interested parties.

Numerous counter enquiries with local residents and interested parties.

A consultation meeting with held on 3 February 2014 with the applicant and all objectors invited to attend. The applicant and twenty-three objectors attended the meeting.

Following the consultation meeting, in response to concerns raised by officers and objectors, the applicant formally amended the application to include a revised management plan which outlines the policies and procedures that will govern the management and operation of the market. The Market Management Plan addresses the following matters:

Patron, traffic, and waste management;

Noise control;

Liquor licensing;

Emergency and fire management;

First aid;

Contact details and complaint management; and

Vendor communication.

The revised management plan was circulated to all objectors.

8 REFERRALS

8.1 Internal

The application was referred internally to:

8.1.1 Engineering Services Group

Traffic and Car Parking

The initial application was referred to the City of Melbourne’s Traffic Engineers who provided the following response:

‘It is understood that the applicant proposes to utilise the forecourt of the Australian Centre for Contemporary Art, (ACCA) which is located on the south side of Grant Street between Sturt Street and Dodds Street as a Market operating every Saturday between 9am and 4pm.

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As indicated in the above memorandum, it is understood that the parking requirement for a market where no part of the site is used for dwellings is detailed, in Clause 36.01 (PUZ7), Clause 45.07-6 (CLPO) and Schedule 1 to Clause 45.09 (PO1) of the Melbourne Planning Scheme. This is a maximum provision based on;

Based on a rough approximation of the area of the forecourt to be used, as shown in the applicant’s documentation, a maximum of 24 spaces can be provided for this purpose (ie 12 x 2000/1000).

The applicant proposes no parking provision and is therefore in compliance with the Planning Scheme requirements.

5 x net floor area of buildings on the site in sq m

1000 sq m

or

12 x site area in sq m

1000 sq m

Engineering Services experience of the area and recent on-site inspections indicate that parking along Grant Street is generally in low demand with higher usage along St Kilda Road and Linlithgow Avenue. Parking along the residential streets such as Dodds and Wells Streets is generally at capacity with few parking spaces available. Residents in this area may therefore have concerns with visitors to the market competing for the limited parking available in these streets.

The applicant has advised that all stallholders will be discouraged from using the nearby on street car parking facilities, in preference to suitable off street parking, in order to encourage visitors to the market.

The market’s traffic management plan however indicates that the arrival and departure of stallholders will require all 38 parking spaces in Grant Street between Sturt Street and Dodds Street and the parking spaces adjacent to the ACCA along Sturt Street (12 spaces) to be reserved during the morning and afternoon.

Engineering Services considers that the number of spaces being sought for this purpose is excessive and cannot support the request in its current form, particularly as this area is also expected to cater for the market’s visitor parking demand and especially in the afternoon period when the market is operating and motorists have already parked in the area.

The applicant is therefore requested to investigate the use of a reduced area along Grant Street and provide a detailed traffic management plan indicating the total time that would be required in the morning and afternoon as well as how the process will be managed.’

In response the concerns raised by the CoM Traffic Engineers and objectors, the applicant provided a revised traffic and car parking arrangement as part of the Market Management Plan prepared by SJB Planning, dated May 2014. The following further comments were provided by CoM Traffic Engineers:

‘Engineering Services has reviewed the market management plan by SJB Planning dated May 2014, and the following comments are offered.

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As previously discussed, is understood that the market is proposed to be held in the forecourt of the Australian Centre for Contemporary Art, (ACCA) on the south side of Grant Street between Sturt Street and Dodds Street and operate every Saturday between 9 am and 4 pm catering for approximately 80 stallholders.

The information now provided by the applicant advises that the areas to be used for ingress and egress purposes have been significantly reduced following the new review and will now consist of the use of the 11 spaces on the south side of Grant Street at the market frontage for ingress (between 7am and 9am) and then the 11 spaces in Grant Street and a further 10 spaces on the east side of Sturt Street along the market frontage for the egress period (4.15pm to 5.30pm).

Parking restrictions along Grant Street in front of the proposed market consist of 3 hour ticket parking operating 7.30am to 6.30pm Monday to Saturday and 3 hour parking during Sundays during the same time period. Parking restrictions along the Sturt Street frontage of the market consist of 2 hour ticket machine parking from 7.30am to 6.30 pm Monday to Friday and 7.30am to 12.30 pm Saturday. The area is unrestricted on Sundays.

Engineering Services offers no objection in principle to the proposed set down and pick up areas as proposed by the applicant as it is advised that the areas will be closely monitored by the Market Operations Team in order to provide a 15 minute window for each store holder at a specified time to load and unload their goods. It is also understood that the store holders will be prohibited from parking on street within the Southbank area and will be provided with a ‘pre-paid’ voucher for an existing commercial car park.

Following approval of the development application, Engineering Services will modify parking restrictions along the south side of Grant Street, between Dodds Street and Sturt Street and the east side of Sturt Street along the frontage of the proposed market (10 spaces) to provide a No Parking area operating 7am to 10 am and 4 pm to 6 pm on Saturday to accommodate the set down and pick up of goods by store holders.’

Traffic and car parking is discussed further at section 9 of this report.

Waste Management

The application was referred to the City of Melbourne’s Waste Management Team who provided the following response:

‘I have reviewed the WMP prepared by “The Upmarket” for TP-2013-987 at the Malthouse Plaza 101-111 Sturt Street , Southbank.

The WMP dated 2014 (attached) is satisfactory. It includes an appropriate number and type of bins for the venue. The system of checking and swapping full and half full bins is also satisfactory.

The WMP complies with council’s 2012 Waste guidelines and must be followed without change unless authorised by Engineering Services.

Recommended Waste condition:

The waste storage and collection arrangements must be in accordance with the Waste Management Plan (WMP) prepared by “The Upmarket” dated 2014. The submitted WMP must not be modified or altered without prior consent of the City of Melbourne – Engineering Services.’

The recommended condition is to be included on any permit that may issue.

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8.1.2 Building Control Group

The application was referred to the City of Melbourne’s Building Control Group who provided the following response:

‘I have conducted a review of the proposed market in Sturt Street, Southbank and can confirm that neither a POPE or Siting permit is required for this event as its classified as a “Class 6” Market - pursuant the Building Code of Australia.

In the interest of public safety we would recommend that the event organiser adopts our guidelines (as attached) in relation to the erection of the proposed marquees (Non – Prescribed Structures).

We also recommend that fire extinguishers are installed throughout the event and within Marquees and adjacent to any risk, refer to attached fact sheet.

Please feel free to use our fact sheet on POPE’s (also attached) to ensure that you have a safe and compliant event.’

This information and the appropriate attachments were forwarded to the applicant.

8.2 External The application has been externally referred to the Roads Corporation (VicRoads) in accordance with Clause 66.03 of the Planning Scheme. The following response was provided:

‘VicRoads has considered the application and has no comments to make in relation to the proposal.’

9 ASSESSMENT

The application seeks to use land at 101-111 Sturt Street, Southbank known as the ACCA forecourt for the purpose of a market. The key issues for consideration in the assessment of this application are:

Appropriateness of the proposed land use in this location

Management of the proposed land use

9.1 Appropriateness of the proposed land use in this location

The Melbourne Planning Scheme provides the following policy guidance as relevant to the subject land and proposed land use.

Clause 19.02-3 seeks to develop a strong cultural environment and increase access to arts, recreation and other cultural facilities via the following strategies:

Encourage a wider range of arts, cultural and entertainment facilities including cinemas, restaurants, nightclubs and live theatres, at Principal and Major Activity Centres.

Reinforce the existing major precincts for arts, sports and major events of Statewide appeal and establishing new facilities at locations well served by public transport.

Clause 21.04-1.2 states the following in relation to Southbank:

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‘Starting in the early 1980s as an "Engaging with the Yarra River Initiative", Southbank has been under urban renewal for close to 30 years. It has now brought the Yarra River into the heart of the city’s life and provided a dynamic extension of the Central City with good commercial and residential high-density development opportunities.

Southbank is home to the State’s major arts facilities as part of its the internationally recognised Arts Precinct and other major activity areas including the Southbank Promenade, Melbourne Convention and Exhibition Centre and the South Wharf complex.

The Southbank Structure Plan 2010 was prepared to update the 1999 and 2007 plans. It provides a vision and strategy for the next 30 years for the area’s continued development as an extension of the central city, with a high-density mix of commercial and residential uses, a built form of a human scale and fine grain detail, greater permeability, activity and pedestrian priority at street level.’

Clause 21.10-6 Cultural/Arts and Entertainment Facilities provides the following objectives and strategies (as relevant):

‘Objective 1 To provide a diverse range of leisure, arts, cultural and entertainment facilities.

Strategy 1.2 Support quality public institutions, including art galleries, libraries and museums, throughout the municipality, where consistent with the local amenity.

Objective 2 Enhance the City as Victoria’s pre-eminent cultural and entertainment location.

Strategy 2.1 Support and encourage the growth of a vibrant cultural environment in the Hoddle Grid, Southbank and Docklands, by supporting entertainment uses, music and the arts.’

Clause 21.13-1 Southbank seeks to, among other things:

Support Southbank’s development as an extension of the Central City, providing a mix of commercial and residential land uses.

Deliver a good provision of local services and facilities for workers and visitors and within easy walking distance from all residences.

Improve the public environment of Southbank by providing public spaces, improving pedestrian facilities and upgrading streetscapes.

Give greater priority to pedestrian, cyclist and public transport amenity and access ahead of private motor vehicle use.

Support arts and education uses and facilities at Southbank.

Support arts, entertainment, cultural, educational attractions in Southbank, especially in the Arts Precinct.

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The State Planning Policy Framework (SPPF) and the Municipal Strategic Statement (MSS) identify the subject site as forming part of an internationally recognized arts precinct which includes a large number of arts related organisations including the Australian Centre for Contemporary Art, Malthouse theatre, Victorian College of the Arts and the National Gallery of Victoria. It is considered that the proposed market will provide a central gathering space for the public, including the local community, visitors and tourists, to utilise and enjoy; whilst supporting and encouraging the growth of a vibrant cultural environment. The use is supported by the provisions of the SPPF and the MSS of the Melbourne Planning Scheme.

Although not directly relevant to the subject site, it is noted that Clause 21.08 Economic Development states that:

‘Areas zoned Mixed Use and Commercial around the Central City have traditionally provided locations for business activities, which support Capital City functions. These areas are under increased pressure for housing, and it is important to ensure their ongoing functioning and viability as business areas, which serve both local community needs and Capital City business activity.’

This policy statement is relevant to the land located directly east of the subject site where the current predominant land use is residential accommodation.

The provisions of Clause 36.01 Public Use Zone specify that a planning permit would not be required for the land use if the proposed market were being operated by or on behalf of Arts Victoria. As this is not the case a planning permit is required.

Clause 36.01 of the MPS states that the purpose for land located within the Public Use Zone is to:

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

To recognise public land use for public utility and community services and facilities.

To provide for associated uses that are consistent with the intent of the public land reservation or purpose.

Decision guidelines at Clause 36.01-4 of the MPS specifies that before deciding on an application to use land the responsible authority must consider, as appropriate:

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

The comments of any Minister or public land manager having responsibility for the care or management of the land or adjacent land.

Whether the development is appropriately located and designed, including in accordance with any relevant use, design or siting guidelines.

As per the provisions of the zone, Arts Victoria Committee of Management Incorporated (being the public land manager) have given written consent for The Upmarket to make a planning permit application to use the ACCA forecourt for the purpose of a market.

The proposal is considered to be in accordance with the purpose and decision guidelines of the Public Use Zone.

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A number of objections raised concern in relation to use of Crown Land for commercial purposes. The site is Crown land (reserved for the purpose of cultural, recreational and educational purposes). The land is governed by the Crown Land (Reserves) Act 1978 which states at Section 17:

‘(2) Notwithstanding anything in this Act but subject to any regulations made under section 13 relating to the land concerned the trustees or committee of management of any land certified under subsection (1)—

(a) may grant licences to enter and use any portion of such land or any building thereon for any purpose consistent with the purpose of the reservation of the land for a period not exceeding three years.’

As such, the committee of management must grant a licence under Section 17 of the Crown Lands (Reserves) Act 1978 to allow use the land for the purpose of a market.

As this is not a requirement under the Planning and Environment Act 1987 or the Melbourne Planning Scheme a note is to be included on any permit to issue advising of this requirement.

Objections also raised concern in relation to commercial impact upon existing markets within the City of Melbourne and adjacent municipalities, and the need / commercial viability of the proposed market. Commercial viability and competition is not a relevant planning consideration under the Planning and Environment Act 1987 or the Melbourne Planning Scheme.

Given the above it is considered that the proposed use of the land for the purpose of a market is appropriate in this located and is supported by the provisions of the Melbourne Planning Scheme subject to appropriate management which is discussed in detail below.

9.2 Management of the Market

The applicant has provided a management plan for the market which outlines the policies and procedures that will govern the management and operation of the market. The Market Management Plan (MMP) prepared by SJB Planning, dated May 2014 addresses the following matters:

Patron, traffic, and waste management;

Noise control;

Liquor licensing;

Emergency and fire management;

First aid;

Contact details and complaint management; and

Vendor communication.

The sale and consumption of alcohol does not form part of this application. As noted within the Market Management Plan submitted by the applicant, a permit is required to use land to sell or consume liquor in this location.

Any future proposal to use land to sell or consume liquor will be subject to the requirements of Clause 52.27 (Licenced Premises) and Clause 22.22 Policy for Licensed Premises that require a Planning Permit of the Melbourne Planning Scheme.

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A number of objections raised concern in relation to impacts on nearby public open space and playground equipment. The proposal does not include use of the nearby public open space. This park is located on land owned and maintained by the City of Melbourne and is provided for public use.

Objections also raised concern in relation to the experience and competency of the operator. The experience and competency of any managers and/or operators is not a relevant planning consideration under the Planning and Environment Act 1987 or the Melbourne Planning Scheme. This assessment takes into account the suitability of the proposed land use in this location. A planning permit is linked to the land and is not linked to any individual or organisation.

The Market Management Plan is considered to satisfactorily address the general market operations and management with pertinent planning considerations discussed in detail below.

9.2.1 Patron Management

The management of market patrons on-site will be overseen and the responsibility of the Market Operations Team.

During trading hours of the market, the Market Operations Team will include a minimum of two (2) qualified and registered security personnel.

The primary responsibility of the security personnel will be to monitor the behaviour of the patrons and proactively deal with any person whose conduct is considered to be anti-social or may be dangerous to others.

Amenities for staff and customers are positioned within the existing ACCA building. The ACCA building comprises three (3) female toilets, one (1) disabled toilet, one (1) male toilet and three (3) urinals, all of which will be available for the use of market patrons. Temporary toilets are not proposed to be erected on the site. Additional public amenities are available in Sturt Street at a public reserve on the corner of Kings Way and Sturt Street, some 400m from the site.

This arrangement is considered to adequately address concerns raised by objectors in relation to patron management.

9.2.2 Traffic Management

Council’s Engineering Services Group is generally supportive of the proposal.

The provision of no car parking on the site meets the requirements of the Melbourne Planning Scheme and is considered to be appropriate.

Clause 52.07 Loading and Unloading of Vehicles is not relevant to this proposal however the applicant has addressed this issue within the Market Management Plan.

The ingress, otherwise referred to as ‘Bump In’ will commence at 7:00am and conclude at 9:00am each Saturday. The egress phase, otherwise referred to as ‘Bump Out’ will commence at 4:15pm and conclude at 5:30pm each Saturday. The Market Operations Team will be responsible for overseeing the ingress and egress phases of the market each week. Store holders will be discouraged from parking on street within the Southbank area and will be provided with a ‘pre-paid’ voucher for an existing nearby commercial car park. This arrangement is generally supported by Council’s Engineering Services Group.

The City of Melbourne Engineering Services Group is generally supportive of the proposal and it is considered that the existing road network is capable of accommodating any traffic generated in association with the proposed market use.

Overall, the traffic generation, car parking and loading and unloading arrangements are considered acceptable.

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9.2.3 Waste Management

Bins are proposed to be positioned on site prior to opening at 9am and swapped every 2 hours and/or when half full.

6pm total site and surrounding area checked for all rubbish. Photos taken to prove site is clean.

All rubbish will be removed off site at the end of the day and transported to an industrial area for Monday morning collection (Williamstown Nth – Home of Countdown). There will be no rubbish trucks on Sunday mornings connected to the market in any way.

The Upmarket Waste Management Plan dated 2014 was referred with the application documentation to Council’s Urban Services Team who have advised that the plan is satisfactory.

9.2.4 Noise

The site is located adjacent and in close proximity to Capital City and Mixed Use areas, some of which is predominantly used for residential accommodation. As such, an amenity impact to nearby residents by way of noise is a relevant consideration in relation to the proposal.

As indicated detailed within the Market management Plan, noise attenuation measures implemented at the market will include the following:

No amplified music or public announcement system will be operated at the market;

Vehicular movements during the ingress and egress phases will be limited to regular motor vehicles, i.e. no semi-trailers or trucks are to be used by Market Operations Team or the vendors;

Live, unamplified music may operate during the trading hours of the market but only with the written consent of the Market Management Team; and

All sound emitted must comply with EPA Policy SEPP-N2.

On days where the market is in operation, the Market Operations Team will be responsible for the monitoring and management of noise emissions.

It is considered that the levels of noise expected to result from the proposal are not acceptable in the context of the arts precinct and will not result in unreasonable impact to residents located within the general area.

9.2.5 Emergency and Complaint Management

Detailed policies and procedures are provided within the Market Management Plan. This includes phone, email and website contact details for the management team, venue hire manager, operations manager and chief warden. A dedicated information and first aid stall is to be provided in a central location.

A number of objections raised concern in relation to safety issues relating to CityLink evacuation points. Notice of the application was given to the Environmental Protection Agency (VIC), Transurban City Link Ltd and VicRoads in accordance with Clause 66.06 of the MPS. These authorities share responsibility for various aspects relating to the operation of CityLink and its associated infrastructure and emergency procedures. None of these authorities raised an objection to the proposal.

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Objections also raised concern in relation to responsibility for and enforcement of market operations. It is the responsibility of the owner / operator to ensure compliance with the conditions and requirements of any permit that may issue. In the instance of any actual or expected breach of the planning permit the City of Melbourne Planning Enforcement team may be notified and the issue will be actioned accordingly to ensure compliance is achieved.

It is proposed that the Market Management and Operations Team will maintain a written record of all complaints made by patrons or the community be they made in writing or expressed verbally. The register will record the date of the complaint, the issue(s) raised, the name of the person who lodged the complaint and the action take to resolve the complaint. The register will be available for inspection to the City of Melbourne at all times.

This arrangement is supported and will assist City of Melbourne officers in following up any enforcement issues.

9.3 Conclusion

It is considered that the proposal is consistent with the relevant sections of the Melbourne Planning Scheme, as discussed above.

10 OFFICER RECOMMENDATION

That the Future Melbourne Committee resolves that a Notice of Decision to Grant a Permit be issued subject to the following conditions:

1. The use of any land or building or part thereof as shown on the endorsed plan(s) must not be altered or modified unless with the prior written consent of the Responsible Authority.

2. The endorsed Market Management Plan must not be altered or modified unless with the prior written consent of the Responsible Authority.

3. Portable or other temporary buildings, other than those shown on the endorsed plan(s), must not be placed on the site unless with the prior written consent of the Responsible Authority.

4. The market hereby permitted must only operate during the following times unless with the prior written consent of the Responsible Authority:

Saturday between 9am and 4pm

5. Unless with the prior written consent of the Responsible Authority, the loading and unloading of vehicles and delivery of goods to and from the site must at all times take place at the time and locations specified within the Market Management Plan to the satisfaction of the Responsible Authority.

6. At all times when the market is open for business, a designated manager must be in charge of the premises.

7. The use must be managed so that the amenity of the area is not detrimentally affected through any of the following:

a) Transport of materials, goods or commodities to and from land.

b) The appearance of any building, work or materials.

c) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.

d) The presence of vermin.

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8. Music or other amplified sound must not be played on the premises at any time.

9. No external sound amplification equipment or loud speakers are to be used for the purpose of announcement, broadcast, playing of music or similar purpose, to the satisfaction of the Responsible Authority.

10. The noise generated by the premises must at all times comply with the requirements of the State Environment Protection Policy, (Control of Noise from Commerce, Industry and Trade) No. N-1, and State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2, to the satisfaction of the Responsible Authority.

11. The waste storage and collection arrangements must be in accordance with the Waste Management Plan (WMP) prepared by “The Upmarket” dated 2014. The submitted WMP must not be modified or altered without prior consent of the City of Melbourne – Engineering Services

12. The site must be kept in an orderly and tidy state at all times and its appearance must not prejudicially affect the amenity of the area to the satisfaction of the Responsible Authority.

13. All garbage and other waste material must be stored in an area set aside for such purpose to the satisfaction of the Responsible Authority.

14. The waste storage and collection arrangements must be to the satisfaction of the Responsible Authority - Engineering Services.

15. This permit will expire if the use is not started within two years of the date of this permit. The Responsible Authority may extend the permit if a request is made in writing before the permit expires, or within six months afterwards.

Notes:

Section 17 of the Crown Land (Reserves) Act 1978 requires a licence be granted by the trustees or committee of management of the land to enter and use any portion of such land or any building thereon for any purpose consistent with the purpose of the reservation of the land.

Separate permits and/or approvals may be required from the City of Melbourne’s Health Services Branch and Engineering Services Group.

Advertising sign(s) must not be erected, painted or displayed on the land without the permission of the Responsible Authority unless in accordance with the exemption provisions of the Melbourne Planning Scheme.

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Report to the Future Melbourne (Planning) Committee …

Documents

Transcript of Report to the Future Melbourne (Planning) Committee …