The application is consistent with the relevant policies and objectives of the Yarra Planning Scheme and should be supported.
A proposal adjacent to the northern boundary of the subject site, faced some organised community opposition and a refusal by Council, in anticipation of this I submit the 40-44 Smith Street proposal is an appropriate planning outcome citing case of 46-52 Smith Street titled Three Towers Group Pty Ltd v Yarra CC [2022] VCAT 593
All sites east of the sites to be consolidated in the proposal are Mixed Use Zone MUZ.
The subject site is within 3km of the Melbourne CBD and within walking distance of several tram and bus transport routes with frequent daily scheduled services.
The proposal responds positively to Clause 43.02 of the Yarra Planning Scheme.
The proposal responds positively to Clause 34.01 of the Yarra Planning Scheme.
The Purpose of Clause 34.01 ibid is:
To implement the Municipal Planning Strategy and the Planning Policy Framework.
To create vibrant mixed use commercial centres for retail, office, business, entertainment and community uses.
******To provide for residential uses at densities complementary to the role and scale of the commercial centre.****** [emphasis added]
The proposal responds positively to Clause 65 of the VPP.
The proposal responds positively to the Knox v Tulcany rule.
The carparking reduction aspect of proposal responds positively to Council's policies that discuss public transport and response to climate change, declining use of private vehicles for commuting purposes to Collingwood workplaces according to census data, and the emerging character is indeed also one of reducing use of motor cars and increased public and active transport use as well as reductions in household car ownership.
The proposal is an appropriate response to the existing and preferred neighbourhood character and will not have an unreasonable impact upon the amenity of surrounding properties.
Due to the surrounding overlays and uses permitted including heights, any overshadowing at equinox generated by the proposal will be unremarkable and not generate any unreasonable amenity impacts upon surrounding sites and the public realm.
The proposal presents a high quality activation and revitalisation opportunity befitting the local emerging character.
The proposal presents an positive response to the emerging character of the surrounds.
The proposal responds positively to the Strategic Context.
