Amendment C149port - Victorian Pride Centre

Amendment C149port introduces a site-specific control into the Port Phillip Planning Scheme to facilitate the use and development of the Victorian Pride Centre, and rezones a portion of the subject land to the Commercial 1 Zone.

It does this by:

• amending the Schedule to Clause 52.03 to include reference to the Incorporated Document ‘Victorian Pride Centre - June 2018’
• amending the Schedule to Clause 81.01 to include reference to the ‘Victorian Pride Centre - June 2018’, and
• rezoning the land at Lot 3/77 Fitzroy Street, St Kilda from Public Use Zone 6 to Commercial 1 Zone.

The Incorporated Document comprises development plans (designed by Grant Amon Architects and Brearley Architects and Urbanists) and associated conditions. It functions in a similar manner to those required for a planning permit, but forms part of the planning scheme and replaces the planning (permit) approval process.

The Incorporated Document proposes to enable the use of the land for offices, medical centre, shops, food and drink premises, radio station, place of assembly (excluding Nightclub), a gallery, a reading room, the sale and consumption of liquor and associated car and bicycle parking. The use of the function centre spaces and licensed areas are subject to conditions specified in the Incorporated Document that include hours of operation, patron numbers and noise standards.

In addition, the Incorporated Document allows the construction of a multi-storey building (including basement car-parking and accessible roof-top), subject to conditions.

At the Ordinary Council Meeting of 20 June 2018, Council provided 'in principle' support for a 'section 20(4) process' to initiate the amendment, following and subject to the outcomes of a robust community engagement process.  At that time, Council also resolved to request that an independent advisor be appointed to review submissions to proposed Amendment C149port and to provide a report to Council with recommendations on how to proceed.

Council undertook an informal community engagement process for a month from 2 July to 3 August 2018.

The community engagement process was designed to provide a genuine opportunity for affected persons and / or interested stakeholders to make written submissions to the proposal and included:

• Direct notice to 1200 businesses and residents who may be materially affected. This included properties within the direct vicinity of the site
• Public notice in the Port Phillip Leader 
• Amendment documents made available for inspection at the St Kilda, Port Melbourne and South Melbourne Town Halls and St Kilda, Emerald Hill, Middle Park and Port Melbourne libraries, and on Council's website
• Public notices on site
• Three drop-in sessions held on 5 July and 7 July 2018 providing an opportunity for interested members of the community an opportunity to meet Council officers and representatives of the Victorian Pride Centre board to discuss the development proposal
• Targeted engagement with special interest groups

Council received 32 written submissions. In addition to the written feedback, Council received verbal feedback from 54 local traders and community members who attended the drop-in sessions.

In summary:

• 22 submitters supported the proposal
• 8 submitters conditionally supported the proposal but raised specific issues of concern
• 2 submitters did not support the proposal  

Responses received from the community were generally positive which indicates a level of support for the proposed use and development of the VPC. However some specific concerns were raised which required further consideration and some changes to the detail of the Amendment.

At the Ordinary Meeting of Council on 5 September 2018, Council decided to request that the Minister for Planning prepare and approve Amendment C149port to the Port Phillip Planning Scheme, pursuant to Section 20(4) of the Planning and Environment Act 1987.

In response to the submissions received and the report of the Independent Advisor (planning expert) appointed to review submissions, Council made a number of changes to the development plans and conditions (contained within the Incorporated Document), including:

• introduction of a condition within the Incorporated Document to ensure that the results of the Crime Prevention Through Environmental Design Assessment commissioned by Council are incorporated into the detailed design of the building with particular regard to the portico on Fitzroy Street, the Jackson Street Plaza and the basement car park;
• specific exclusion of ‘nightclub’ as a potential land use within the Incorporated Document;
• reinstatement of the flag pole / radio mast to that version that was subject to community consultation version of the Development Plans forming part of the Incorporated Document; and
• introduction of a condition within the Incorporated Document to require time restrictions on the public parking proposed within the basement car park.

Council also resolved to request that the Victorian Pride Centre Board initiate the creation of a ‘Good Neighbour Protocol’ directly with neighbouring residents, to establish a clear understanding of expected amenity outcomes and to provide a pathway to resolve any disputes that may arise.

Following the Council Meeting the Amendment C149port documentation was submitted to the Minister for Planning, with a request for Ministerial Approval.

Why is an amendment required?

The Amendment is required to facilitate the timely, coordinated and consistent delivery of the project. The Victorian Pride Centre will be an integrated mixed-use building comprised of (but not limited to) offices, radio station, health facility, café, shops, a gallery, reading room, function spaces and associated car and bicycle parking, the sale and consumption of liquor, advertising signage, subdivision and creation of an easement, to be delivered in accordance with the control in the Incorporated Document.

Schedule 6 of the Design and Development Overlay (DDO6-2) relates to the St Kilda Central Activity Centre and currently applies to the land. It sets a mandatory building height of 16.5 metres and a mandatory street wall height of 10.5 metres within 10 metres of the Fitzroy Street frontage. Components of the proposed building (excluding a mast) reach a maximum overall height of approximately 21 metres and of 12.5 metres within 10 metres of the Fitzroy Street frontage.

Despite areas of non-compliance, the Pride Centre development is considered to meet the design objectives of the DDO6-2 and has significant merit as it provides a mixed-use development consistent with State and Local Policy objectives relating to high quality design, positive social and economic benefits and a commitment to an ecologically sustainable development outcome.

Amendment C149port is therefore required to vary these requirements on a site-specific basis to enable the development of the Victorian Pride Centre to proceed. Given the unique nature of the building and its civic importance, the inclusion of such a site-specific variation is appropriate, subject to community consultation. The Amendment also rezones parts of the land to ensure that it is solely within the Commercial 1 Zone.

In order to deliver this project of State and National significance, it is considered that the most appropriate mechanism is a tailored approach which, along with approving the project, can establish design, development and on-going use parameters for the site.