Save Dimmeys. Save Dimmeys Submission to VCAT

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IN THE VICTORIAN CIVIL AND ADMINISTRATIVE TRIBLTNAL PLANNING AND ENVIRONMENT LIST AT MELBOURNE
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No P623l2011 BE

TWEEN:
Applicant

RICHMOND ICON PTY LTD (ACN

-andCITY OF YARRA
Responsible Authority

-andSAVE DIMMEYS & ORS SUBMISSIONS
Objectors

1.

This submission is made on behalf of Save Dimmeys, an unincorporated association and
group objector to the Application for Review brought against Council's Notice

of

Decision to Refuse a Planning Permit for 140-160 Swan Street, Richmond, dated23
February 2011.

2.

Save Dimmeys is a resident's group formed in 2009 with the following Objects:

(a) To be a non-profit association formed to lobby and protect the integrity and
heritage of the Dimmeys Model Store in Swan Street, Cremome;

(b) To save Dimmeys from any inappropriate development proposed for the State
Heritage Listed building;

(c) To inform the community of any adverse development proposal for the
Dimmeys Model Store which may have a detrimental effect on the building
and its heritage listing.

3.

The Dimmey's site is well known to Melbournians. Its inclusion on the Victorian Heritage Register, and specific classification of the Ball Tower as a landmark in the PS is

indicative of the building's importance to Melbournians and the Victorian community.
The broader cultural importance of the site is reinforced by the media attention the current proposal has generated. The existence of Save Dimmeys and the submissions made to

this Tribunal by other local objectors demonstrate the value placed on the site it by local
residents.

4.

Recognition of the Ball Tower as a landmark in the PS reaffirms that any development
should be sensitive to the role the site plays in the Swan Street streetscape. An

opportunity for development exists here, but it is imperative that the design is carefully selected. Any development of the site should be sensitive to its surrounds and
complement, not dominate the existing built form.

5.

The Swan Street Major Activity Centre will evolve in response to urban consolidation

policy, but this evolution should not come at the expense of the integrity of the Swan
Street precinct.

6.

Urban consolidation policies do not exist within a vacuum, they must be seen in light

of

the other considerations to which the PS refers. More particularly, urban consolidation

policies do not endorse development that is inappropriate in its physical context. Striking
the right policy balance demands development that is responsive to its surroundings. This is particularly so in relation to prominent sites such as this one. This proposition was recognised by the Tribunal in Taser Developments Pty Ltd v Boroondara CC & Ors

[2009]

vcAT

1070.

7.

It is submitted that although this site lends itself to re-development, the current proposal
does not represent an appropriate response to the specific circumstances of the site and

the broader Swan Street context.

8. 9.

In short, this is the right site, but the wrong proposal. This conclusion is based on three grounds. The proposed development:

(a) does not adequately respond to the relevant urban design principles in terms of
height and bulk, and in relation to the landmark status of the site;

(b) would unreasonably impact on traffic in the area;

(c) fails to provide adequate car parking; Urban Design
10. The proposed development does not adequately address the urban design principles

contained in clause 15.01-1 and21.05-2 of the PS and related clause 22.03 (Landmarks
and Tall Structures). I 1. The importance of low rise characteristics of Victorian and Edwardian streetscapes

in

activity centres within Yarra, and their importance in helping differentiate Yarra from

nearby urban form, particularly the City of Melbourne is recognised at clause 21.05-2

of

the PS. Most buildings in the vicinity of the Dimmey's site are low rise, between one and three storeys.
12. Policy support for the proposition that this low rise form should be retained in the Swan Street

MAC is found at clause 2l .05-2 which states at Strategy

17

.2, tl',a;t development on

strategic redevelopment sites should generally be no more than 5-6 storeys. An exception is incorporated where it can be demonstrated that the proposal achieves specific benefits,

which are listed in the provision. Council's adoption for consultation of the draft Swan
Street Structural Plan, and the recommended 4 storey height for this site also lends weight

to the notion that to obtain approval for heights above the PS recommendations, the
design should be not just acceptable but of an excellent standard. This is a standard that is not met by the current proposal.
13. The proposed tower, at 10 storeys,

will not fit comfortably within its fine grain low rise

surroundings. Despite the fact that it is set back from Swan Street, it will present an imposing vertical form in a typically horizontal profile.r The result will be a building that
does not respect, but rather dominates the existing

built form. This is supported by the

evidence of Council's expert,

Mr

Czarny.2

14. Of particular concem in terms of height and bulk is the view of the tower that would be presented to residents to the south, and the monolithic form that would intrude upon the

amenity of the White Street public park. There is very little public open space in the
Swan Street vicinity. The open space that exists is precious to the residents.
15.

Whilst it is acknowledged that the Swan Street area is evolving, and the context within which this building will sit is changing, it is submitted that the 10 storey structure is too
great a departure from the currently dominant building

form. As Mr Czarny recognises,

"there is a need to ensure that any associated site development is successfully integrated

within its host streetscape and complementary within the Yarra skyline."3
16.

A new building on the site could and should be integrated into the surrounding area. The
current proposal does not achieve this. It is a disproportionate response to its

surroundings. The tower will be tall yet broad, creating a bulky, squat appearance and

will, in the words of Mr Czarny
2
3

'ohave a significant impact on the urban design quality

of

' Cru y

122(e)1.

Czamy,l2ll.

Czamy f22).

the precinct as a function of its overall height and mass above the established and

likely

built form order of Swan Street."4
17. The low rise nature of Swan Street and its surrounds, and the easily recognisable

Dimmey's Ball Tower are valued elements of the area. The mass and height of the
proposed tower will, it is submitted, result in a loss of local urban character and sense place which is valued by the local residents.
18. Special care must be taken when assessing the

of

viability of proposed development in and

around the site to ensure a response that is sensitive to the role the Ball Tower plays

within the Yarra skyline. The PS reinforces this in a number of ways. Clause 15.01-2 makes reference to the protection, enhancement and creation of landmarks, views and vistas. The Dimmey's clock tower is specifically acknowledged as a landmark in clause 22.03-4 of the Planning Scheme which calls for new buildings in the vicinity of the Ball
Tower to be designed to ensure it remains the principal built reference. Clause 22.03-3
aims "to protect views to the silhouette and profile of Yarra's valued landmarks to ensure they remain as the principal built form reference."
19. It is not enough to ensure that the new tower

will not impede views to the Dimmey's

clock tower, the new tower must not become the principal built form reference.
20. The proposed tower

will comprise a built form competing with will form

an established landmark

to be the principal built reference in the area. Far from adding to the interest of Yarra's urban form and skyline, the tall, broad, glazed shape dominates the Yarra skyline.5
an uninteresting block that

Traffic impacts
21. This is a major redevelopment. It creates a major opportunity to improve conditions around the site. Rather than exacerbate traffic problems in Swan Street, this development should be designed with every effort to improve the traffic situation. 22. Swanstreet already suffers from slow traffic flows and this is acknowledged in the PS.6

This development will further contribute to traffic problems as vehicles manoeuvre their way to and from Swan Street out of Byron and Green Streets. It is submitted that the existing transport system will not properly integrate traffic flows generated by the
a
6

t Crurny,122(c)).
Yarra Planning Scheme, Municipal Strategic Statement, 'Transport'.

Czamy

l4l.

proposed development, with a knock on effect can be anticipated for public transport

along Swan Street. Again, the problem of the Swan Street tram route facing increasing
interference from traffic is acknowledged in the PS.7 This development should not be

allowed to contribute to those problems.
23. The use of Green Street for loading by heavy commercial vehicles and as an access to the

public car park are of concem both in terms of safety and noise.
24. Safety concems relate to pedestrians walking from Swan Street, along Green Street to the

railway underpass tunnel at the junction of Green Street and Railway Place. Cyclists also
use this

route. An increase in heavy commercial vehicles, and cars using the street is not

compatible with this use. In particular, the swept path diagrams show that the manoeuvring of heavy vehicles into the loading bay will occur at a point near access to
the pedestrian tunnel.

25. Even with proposed acoustic measures in relation to the loading bay, it is submitted that the noise of the additional heavy commercial vehicles using Green Street to access the
site

will

cause such noise as to result in an unacceptable loss of amenity to the residents in

that street.

Car Parking
26. The application by the developer for a reduction in the car parking requirements required

under clause 52.06 is opposed.

27.The purpose of clause 52.06 is "to ensure the provision of an appropriate number of car
spaces having regard to the activities on the land and the nature of the locality."s

Council's Cremorne and Church Street Precinct Urban Design Framework recognises
that on-street parking is problematic in Cremorne and encourages basement parking. It
notes that "large redevelopment sites are important in helping to support the parking needs of the precinct as a

whole." In addition, land

uses that do not require high rates

of

parking are encouraged.

e

28. The Swan Street vicinity supports many people beyond the residents of the local area,

including shoppers, football, soccer, cricket and rugby crowds resulting in a lack of street
parking for residents, especially when sporting events are being conducted at the MCG

'Ibid. 8
e

Seacrestv Banyule City Council t2005lVSC 384. Cremorne and Church Street Precinct UDF,20.

and

AAMI Stadium. It is submitted that the development should contain more provision

for parking to ensure there is no overflow to exacerbate parking problems already
experienced by local residents in the area.

Conclusion 29.The permit applicant will obtain a significant benefit if this permit is granted. It is not
unreasonable to expect that a new development of this type should achieve high standards

in architecture and urban design, and the landmark site is treated with sensitivity. The
current proposal does not achieve this. 30. It is submitted that the Tribunal should refuse the application for review.