1

IN THE MATTER OF
AMENDMENT GC81 TO THE
MELBOURNE AND PORT PHILLIP
PLANNING SCHEMES

RESPONSE TO PROPOSED CHANGES – WIRRAWAY

ON BEHALF OF
THE MINISTER FOR PLANNING

Introduction

  1. These submissions provide the Minister’s response to recommendations requested by submitters and recommended in the expert evidence called by submitters to the Panel.
  2. These submissions are not intended to respond to every issue raised in submissions and evidence but have been confined to specific recommendations, particularly where they relate to a specific parcel of land. Where the submission or recommendations raise
  3. a general matter of principle or policy underpinning the draft Amendment (for example, the population target of 80,000);
  4. associated general submissions calling for revision to FARs and height controls;
  5. issues concerning the funding of infrastructure;
  6. the mechanism to be used to facilitate the provision, and funding of, infrastructure and public open space at Fishermans Bend; and
  7. governance arrangements for Fishermans Bend,

it is intended to address these matters further, in the Minister’s Part C Submission.

Recommendations made by the City of Port Phillip in its submissions

  1. The recommendations made by the City of Port Phillip (“COPP”) in its submissions, and the Minister’s response to those recommendations are as follows.
  2. Amend sub-precincts and preferred character statements as per Figure 2 and Table 1 and move from Clause 21.06-8 to DDO30
  3. The Minister accepts the recommendation for precinct specific DDOs. The redrafted precinct specific DDO tendered with this closingincludes specific built form outcomes forWirraway.
  4. The Minister will await feedback from the COPP on the draft DDO for Wirraway, and in particular, any suggested changes to the preferred character statements.
  5. Amend CCZ1 and DDO30 to show laneways as per Figure 7, until further work is undertaken through detailed precinct planning.
  6. The Minister accepts that further work is required regarding the precise location and dimensions of the laneways. This work will be undertaken using GIS software to provide accurate information in the maps.
  7. Laneways have been shown in the CCZ map 1C tendered on 14 May 2018 (document 307) and in the updated CCZ map tendered with this precinct closing submission, but they have been show identified as ‘indicative’. The precise location of the laneways will be confirmed at the detailed Precinct Planning stage.
  8. Undertake further work through Precinct Planning to finalise key laneway locations (including the role of laneways, whether they cater for vehicles and pedestrians or pedestrians only).
  9. The Minister accepts that the proposed Precinct Plan for Wirraway is of significant importance. The work required to finalise the precise location of laneways, their intended function and character, will be finalised during the Precinct Plan process.
  10. Amend DDO30 to specify a minimum laneway width of 12m for Wirraway and amend the definition of laneway for Wirraway to align with that.
  11. The Minister does not accept this recommendation at this time.
  12. Further consideration of the minimum widths of laneways can occur during the Precinct Plan process when the intended functionand character of each laneway is determined.
  13. Include a plan in the CCZ1 showing the Wirraway Urban structure identifying the following locations for community hubs (see Figure 9):
  • locate the Wirraway Sport and Recreation Hub on the Prohasky Park;
  • Locate the Wirraway and Art and Culture Hub on Plummer Street (part of 62 Salmon Street) abutting the proposed open space;
  • Locate the Wirraway Education and Community Hub (Secondary School) on the government owned land adjacent to the JL Murphy Reserve (477 Graham Street);
  • Locate the Wirraway Education and Community Hub (Primary School) on the Goodman owned land directly north of JL MurphyReserve (within 62 Salmon Street).
  • Move the WirrawayHealth and Wellbeing Hub to Sandridge.
  • The Minister does not accept these recommendationsat this time.
  • The Minister’s Part C controls and policies (see MSS Map 2C – Urban Structure, circulated on 14 May 2018 and updated with this precinct closing submission), retain Areas of Investigation for the Community Hubs. These have been expanded to include all the sites nominated by COPP, except the relocation of the health hub to Sandridge. The final location of the Community Hubs will be determined during the detailed Precinct Planning stage.
  • If necessary, the exact location for the various Community Hubs could be fixed in the Precinct Plan or in the ICP if it is used for funding the Community Hubs. In the interim, it is intended that the broader ‘investigation area’ identified in the MSS plan (and the Framework) for Community Hubs should remain.
  1. Amend active frontages in DDO30 and CCZ1 to (see figure 11):
  • Replace Primary Active Frontages along Plummer Street between Smith Street (and its extension) and Prohasky Street and between the two north south streets, east of Salmon Street with Secondary Active Frontages.
  • CCZ Map 1C – Urban Structure circulated on 14 May 2018 and updated with this precinct closing submission identifies active frontages and distinguishes between Primary frontages (80% permeability); Secondary Type 1 (60% permeability) and Secondary Type 2 .
  • The distinction between frontage types has been introduced to respond to the COPPsubmissions and to the Fishermans Bend Urban Renewal Area Retail Assessment, Essential Economics (Document 196). The revised Part C controls and associated maps provide a more refined response to active frontages and distinguish between three types of streets:
  • Primary active streets –these will be the core retail streets with almost continuous shop frontages (80% with doorways at a minimum of 10 metres);
  • Secondary active streets type 1 – these will be streets which retain a high degree of activity (60%) but which will allow for larger format premises (doorways further apart at 15metres minimum separation). These streets are more likely to include premises such as medical practices and the like at ground floor.
  • Secondary active streets type 2 –this street type has been introduced to define streets where it is intended for there to be a degree of activity eg corner shops or cafes to improve safety and the vibrancy of an area but where it is accepted that residential development will also come to ground floor. These are typically located on important pedestrian connections to support this level of moderate activation.
  1. Nominate the Core Retail in Wirraway as the four street blocks at the intersection of Plummer Street and Salmon Street.
  2. The specification of a core retail area can occur during Precinct Planning but the extent of primary active frontages coincides with the four street blocks at the intersection of Plummer and Salmon Streets.
  1. Identify one north-south lane per block within the Core Retail Area as a Secondary Active Frontage.
  2. This recommendation to provide one north-south lane in the four street blocks at the Plummer intersection of Plummer and Salmon Streets has been accepted in the map included in the Part C, CCZ control and updated with this precinct closing submission.
  1. Include a plan in the CCZ1 showing the Wirraway Urban Structure as per Figure 12.
  2. The Minister agrees with this recommendationwhich has been implemented in map 1C of CCZ controls tabled on 14 May and in the updated version of the CCZ map tabled with this closing submission.
  1. Apply a DPO to the Core Retail Area in Figure 22 to protect long term large floorplate anchor retail land use opportunities for the Core Retail Areas in Wirraway and ensure the integration of transport interchanges /nodes. This should be applied to the area shown as ‘Core Retail’ in Figure 12.
  2. The Minister does not accept this recommendation.
  3. The Minister agrees that core retail areas could be identified in the Precinct Plan process, but does not accept that a DPO is required to protect land for retail anchors, noting that revised laneway locations will support large floorplates.
  4. The revised maps tabled with the Minister’s Part C planning controls and with this closing submission have identified primary active frontage areas (see CCZ Map 1C Urban Structure Wirraway). It is a condition on the supermarket use under the Part C CCZ control that they must be located on a primary active frontage.
  5. More detailed master planning, to build upon the established urban structure will be undertaken during the preparation of the Precinct Plans which can include the identification of retail land use opportunities. The potential future use of the DPO could be explored further in the Precinct Plan process.
  6. Reduce maximum building heights in DDO30 for the Wirraway Core to encourage a diversity of mid-rise building typologies through (see Figure 29):

a)Reducing all 24 storey areas to 15 storeys;

b)Reducing all 12 storey areas on the northern side of Plummer Street in the core area to 8 storeys

14.1.The Minister does not support these recommendations.

14.2.The Minister supports the provision of diversity of built form and considers that the application of the FAR willencourage a diversity of built form to be achieved.

14.3.If the heights were reduced in accordance with these recommendations it is likely that it would not be possible to achieve the FAR in the areas identified.

  1. Amend DDO30 to apply a ‘tooth and gap’ approach to sites with a frontage to Plummer Street of less than 50m:

c)At least 40% of the building height at the street frontage must be 4 -6 storeys in height. The remaining height can be up to the discretionary height limit. For a depth of 20m from the street where sheer buildings only are allowed. No pop-ups are permitted (i.e. no upper level setbacks are allowed within this area).

d)On laneways, development must not exceed 8 storeys in height for lengths greater than 40m.

e)This would replace the proposed street wall and upper level setback requirements in DDO30.

f)On other streets within the Core Area, the proposed 6 storey street wall would apply.

15.1.This recommendation is partly supported by the Minister.

15.2.The Minister supports the provision of diversity of built form and considers that the application of the FAR will enable the objective of providing diversity of built form to be achieved.

15.3.The drafting of provisions to address the objectives suggested by the COPP is considered to be a complex undertaking. The Minister will give consideration to any suggested drafting of the provisions to achieve the objectives, which may be suggested by the COPP.

  1. Amend the DDO30 as per Recommendations 8 and 14 in Council’s Overarching Urban Design Report to provide clarity for mid-rise built form outcomes.
  2. The Minister agrees in part with the content of these recommandations.
  3. The Minister considers that the substance of the matters identified in Recommendations 8 and 14 have been taken into account the Minister’s drafting of the Part C controls.
  4. The Minister also considers that the preferred character statement in the DDO, together with the relevant built form controls and FAR provide sufficient clarity regarding the built form outcome desired for Wirraway.

Recommendations by Joanna Thompson

  1. The Minister has accepted all of Ms Thompson’s recommendations to provide further public open space in Wirraway.
  2. For the Wirraway precinct, the total open space in the draft Framework is 143,378m². Ms Thompson recommended three changes. The Minister has accepted all of these changes. The changes are:
  3. Introducing anew public open space on Smith Street in the southwest area of Wirraway.
  4. Reconfiguring and expanding the proposed public open space in Rocklea Drive.
  5. Relocating and enlarging the proposed public open space near Plummer Street.
  6. The effect of these recommendations is to increase the total public open space for Wirraway to149,926m², an additional 6548m².
  7. The key benefits in making the changes in Wirrawayare an improved distribution of open space, increased size of key open spaces and the opportunity for a broader range of both passive and active recreation with improved sunlight access.

Recommendations made by Mark Sheppard

  1. It is noted that Mr Sheppard has supported the vision for the precinct (page 12 of Mr Sheppard’s report for Wirraway, Document 177(b).
  2. The Minister responds to the specific recommendations made by Mr Sheppard in his evidence as follows.
  3. The proposed density in Wirraway is below the predominant range of 250-350 people per hectare in comparable inner city locations (pg 15).
  4. The Minister disagrees with this assessment. No change is proposed to the FARs for Wirraway.
  5. The Minister notes Mr Sheppard’s reliance on comparison with densities in other inner city locations to support his opinion that the planning density for Wirraway, particularly Wirraway non-core, should increase.
  6. There is a need to review the proposed number of jobs in the Wirraway core, based on a firmer position in relation to the revision of a Metro station.
  7. The Minister disagrees with this recommendation.
  8. The Minister notes that the employment figures for the Wirraway core are based on the assumption that the second metro station is located in the employment precinct. Mr Szfraniec has advised that an employment forecast of 4,000 is low to medium and is likely to be comprised of jobs which principally perform a local service role.
  9. Confirm the nature and alignment of the proposed elevated freight route to provide certainty for the planning of that part of Wirraway. A new elevated freight route is proposed along the northern edge of Wirraway. This could severely compromise the amenity and development potential of adjoining land.
  10. The Minister has accepted this recommendation. The Part C CCZ control include Map 5 Wirraway which identifies the indicative location of the elevated freight route.
  11. Increase the maximum height of 6 storeys to 8 or more storeys (pg 25)
  12. The Minister does not support this recommendation. An increase in the maximum height to 8 storeys would create a misalignment between the preferred character for Wirraway which is intended to be distinctly different from other parts of Fishermans Bend.
  13. The non-core areas of Wirraway have the lowest densities proposed of all precincts in Fishermans Bend which align with the 6-storey building height.
  14. Mr Sheppard’s suggestion that mid rise development less than 8 storeys is unviable to build (as opposed to potentially more expensive) does not appear consistent with Mr Sheppard’s suggestion that the Barcelona model at 7 storeys, the Vancouver model with interspersed 6 storeys and the hybrid model with interspersed 6 storeys (sometimes delivered on individual sites) should be explored for Wirrawaynon core.
  15. Replace the mandatory 4-storey height limit on Williamstown Road with a discretionary maximum 4-storey street wall height, and a discretionary minimum 10 metre setback above (page 25).
  16. The Minister partly agrees with this recommendation.
  17. The introduction of a mandatory 4 storey street wall with a mandatory maximum of 6 storeys with the upper 2 floors set back a mandatory maximum of 10 metres behind the street wall is supported along Williamstown Road.
  18. These controls should be mandatory, to provide the certainty that the transition from higher density areas within Fishermans Bend to the lower scale neighbourhoods will occur.
  19. Prepare detailed precinct plans, in conjunction with landowners, to resolve the optimum built form model, density and open space pattern for each part of Wirraway. (pg. 25).
  20. The Minister accepts that the Precinct Plans are of significant importance, and that the preparation of the detailed Precinct Plan for Wirraway and other precincts would greatly assist with the implementation of the draft Framework and built form outcomes envisaged for each distinct precinct.
  21. However, it is emphasised that it is not proposed to revisit the Floor Area Ratios or heights as part of the Precinct Plan process.
  22. Replace the site coverage control in the non-core area of Wirraway with a requirement for any development incorporating dwellings to provide communal open space at any level up to the height of the street wall. (pg. 25)
  23. The Minister has removed reference to site coverage from Clause 4.0 Buildings and Works in the CCZ.
  24. The Minister accepts that the provision of communal open space at any level up to the height of the street wall may be appropriate in some circumstances. However, the Minister’s preferred outcome remains for communal open space to be located at ground level.
  25. Where communal open space is proposed above ground, it can be considered against the built form outcomes which refer to significant opportunities for landscaping and provision of direct pedestrian connections to the street.
  26. The Minister considers that the recommendation by COPP to ensure that communal open space is directly connected to the external public realm is important to retain.
  1. Include the whole of 359-391 Plummer Street within the core area, including land required for infrastructure (pg 25)
  2. The blocksbetween Smith and Salmon Streets, north and south of Plummer Street contain a number of properties where part of the site has been omitted from the core where there are bisecting roads.
  3. The Minister supports revisions to the boundary of the core area to clarify conditions where there are adjoining proposed roads and to incorporate the land required for the road into a core to support higher density over the balance of the land available for development.

Recommendations made by David Barnes on behalf of various landowners represented by Rigby Cooke

  1. Suggest that the area of greater development intensity should be extended north and south, out from the linear corridor of Plummer Street, in the vicinity of Salmon Street. In relation to the key area in the Wirraway Precinct, around the intersection of Plummer Street and Salmon Street, recommend:

a)The 24 storey (80.6 metres) preferred maximum height to the north and south.