The proposal responds affirmatively to Clauses 21.05, 22.03 and 22.10 of the Yarra Planning Scheme.
The emerging character for the Swan Street Activity Centre has been articulated as early as 2017 in the Tract report for Council titled C191 Swan Street Activity Centre, Built Form Frame Work, Draft Report, September 2017.
The site opposite on the western side of Brighton Street has preferred heights of 20.8 metres and 11 metre maximum street wall heights under DDO26 and the current C191 Amendment.
The C191 Amendment represents Council's vision for the emerging character of the Swan Street Activity Centre and within it the intention to rezone the subject site from C2Z to C1Z which makes the proposed development most unremarkable against the context.
VCAT precedent to date affirms a greater weight for emerging character in deciding threshold and merit issues about response to context.
The subject site has a 28 metre preferred height and 14 metre maximum street wall heights.
The subject site is in the southern periphery of Precinct 3 Swan Street East, within the Swan Street Activity Centre.
Immediately south of the subject site is the railway corridor.
Overshadowing impacts are expected to be unremarkable for the context and the surrounding uses and their distances from the subject site.
There are no significant residential uses North, East or West of the subject site.
No modelled impacts upon local skyline or sightline to the Dimmeys Tower as viewed from Multiple Swan Street locations
The proposal represents an ambitious, visionary, sustainable development and renewal work which will provide considerable community and environmental benefit and it is very much in line with the emerging character of the Swan Street Activity Centre and the surrounding context.
The proposed food and drink use is an exciting revitalisation and activation of the site.
The reduction in Carparking requirement responds affirmatively to the surrounding context and emerging character.
The subject site is located close to Church and Swan Streets with frequent tram services and within a modest walk from railway stations with frequent services.
I support the approval of the proposal.