Council Report Attachment:

1. Future Melbourne Committee, Agenda Item 5.2, 8 May 2012 1

C O U N C I L R E P O R T Agenda Item 5.1

Council

FULHAM PLACE INTERMITTENT CLOSURE 26 June 2012

Committee Future Melbourne (Connected City Portfolio)

Presenter Cr Louey

Purpose

1. The purpose of this report is to seek a decision from Council in response to a public notice proposing the intermittent closure of Fulham Place between 11am and 4pm Monday to Saturday.

Consideration at Committee

2. The Council at its meeting held 29 May 2012 deferred this item to allow opportunity for the majority of objectors to formally withdraw their objection.

3. The recommendation endorsed by the Future Melbourne Committee on 8 May 2012 is presented below.

Recommendation

4. That Council:

4.1 defer the placing and maintaining of obstructions or barriers to block or restrict the passage or access of all vehicles to Fulham Place at the intersection with Flinders Lane, between 11am and 4pm Monday to Saturday, as proposed by public notice given on 20 January 2012 (Proposal) until parking and loading requirements of affected businesses in both Collins Street and Flinders Lane are addressed and continued emergency service access confirmed; and

4.2 notify all submitters in writing of its decision and the reasons for its decision.

F U T U R E M E L B O U R N E ( C O N N E C T E D C I T Y ) C O M M I T T E E R E P O R T

Agenda Item 5.2

FULHAM PLACE INTERMITTENT CLOSURE 8 May 2012

Presenter: Geoff Robinson Manager Engineering Services

Purpose and background

1. The purpose of this report is to seek a decision from Council in response to a public notice proposing the intermittent closure of Fulham Place between 11am and 4pm Monday to Saturday (‘the Proposal’).

2. The Proposal was commenced in response to a request from Australand Holding Ltd.

Key issues

3. Fulham Place is under Council’s care and management. As the Proposal involves placing and maintaining obstructions to block motor vehicles, under Section 223 of the Local Government Act 1989 (‘the Act’), the Council is required to publish a public notice of the Proposal calling for submissions and must consider all submissions received in response. A public notice outlining the Proposal was advertised in The Age newspaper on Friday 20 January 2012 (refer Attachment 3). A letter outlining the Proposal was also forwarded to owners and occupiers of properties considered to be directly affected (refer Attachment 4). Prior to the public notice, an extensive consultation process had also occurred (refer Attachment 2).

4. Six submissions were received in response to the public notice of the Proposal (refer to Attachment 5). The submissions are summarised with management comments in Attachment 6. The main issues raised in the submissions include the restriction of emergency exits and access through the lane due to the placement of tables and chairs as part of a proposal for kerbside cafes, the restriction of emergency vehicles and reduced access for delivery vehicles and servicing requirements.

5. The Submissions (Section 223) Committee convened on 1 March 2012 to consider the submissions received and heard all persons requesting to speak in respect to the Proposal. The Submissions Committee resolved to recommend that Council proceed with the proposal because it believes it is a reasonable compromise between enhancing the pedestrian amenity of the area and providing for the servicing needs of the adjoining properties. The Committee’s resolution is included in Attachment 2.

Recommendation from management

6. That the Future Melbourne Committee recommend that Council:

6.1. approve the placing and maintaining of obstructions or barriers to block or restrict the passage or access of all vehicles to Fulham Place at the intersection with Flinders Lane, between 11am and 4pm Monday to Saturday, as proposed by public notice given on 20 January 2012 (‘Proposal’);

6.2. note the reasons for the approval are:

6.2.1. the Proposal is consistent with Council's Transport Strategy 2020 and Urban Design Strategy,

6.2.2. the Proposal enhances pedestrian connectivity between Flinders Lane and Collins Street and improves pedestrian safety;

6.2.3. parking and loading requirements of affected businesses in both Collins Street and Flinders Lane can be reassessed;

Page 1 of 27

Attachments: 1 Supporting Attachment 2 Detailed Background and Key Issues 3 Public Notice 4 Copy of Letter sent to Owners/Occupiers 5 Copy of Submissions 6 Summary of Submissions 7 Plan 8P2212

2

6.2.4. any future street trading permits associated with this laneway will be subject to individual applications and are conditional consistent with advice contained within attachment to the officer's report; and

6.2.5. the intermittent closure should not be implemented until after the construction works and associated infrastructure in Fulham Place have been completed and the gantry removed.

6.3. notify all submitters in writing of its decision and the reasons for its decision.

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1

SUPPORTING ATTACHMENT

Legal

1. The proposal to place obstructions or barriers is pursuant to Council’s powers in Clause 9 of schedule 11 and section 207 of the Act and has been carried out in accordance with the requirements in sections 207A and 223 of the Act.

Finance

2. The overall project cost, which includes the installation of removable bollards and changes to advisory signage, has been estimated at $5,000 and will be funded from within the existing 2011-12 Civil Infrastructure Services budget.

Conflict of interest

3. No member of Council staff, or other person engaged under a contract, involved in advising on or preparing this report has declared a direct or indirect interest in relation to the matter of the report

Stakeholder consultation

4. The full detail of the consultation process is shown in Attachment 2.

Relation to Council policy

5. The proposed introduction of a closure to Fulham Place to vehicular traffic is in line with Section 3 of Council’s Transport Strategy 2020 which promotes the improvement of pedestrian amenity and safety by evaluating streets and lanes for future partial traffic closures. It is also in line with Objective 6.1.3 of the Council Plan 2009 – 2013 by expanding the pedestrian network and prioritising safe and easy pedestrian access and walking in the City.

Environmental sustainability

6. This proposal has no significant impact on environmental sustainability.

Attachment 1Agenda Item 5.2

Future Melbourne Committee8 May 2012

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1

KEY ISSUES

Detailed Background

1. Fulham Place is a cul-de-sac located off the north side of Flinders Lane, between Elizabeth and Queen Streets. The laneway, which runs in a north-south course, is approximately 70 metres long and 3.8 metres wide. The three properties which have boundaries abutting the lane are 333 Collins Street which abuts the entire east side and 345-349 Collins Street and 357 Collins Street covering the remaining boundaries of the lane

2. Land use abutting Fulham Place comprises office and retail premises with the property at 357 Collins Street currently being refurbished by Australand Holding Ltd to accommodate offices and a retail component at ground level. The refurbishment works will also feature a number of tenancies with frontages onto Fulham Place and will include a pedestrian link to Collins Street

3. Fulham Place is currently signed as a “Loading Zone, 15 minute area” on the west side of the lane, and there are no vehicle access points to abutting properties provided from the lane

4. The City of Melbourne received a letter from Australand dated 20 June 2011 formally requesting the intermittent closure of Fulham Place between the hours of 7 am and 11 pm Monday to Sunday

5. Prior to the commencement of legal procedures for the proposed intermittent closure, the City of Melbourne received correspondence from 333 Choice Properties Pty Ltd the owner of the other two properties, abutting Fulham Place (333 Collins Street and 345-349 Collins Street) regarding the impact the proposed closure would have on emergency and service vehicle access. In the letter dated 21 June 2011, Mr Phillip Garrett, State Manager of Choice Properties Pty Ltd who, after becoming aware of Australand’s intention to apply for an intermittent closure of Fulham Place, wrote to the City of Melbourne opposing such a proposal stating that as “the owners of 349 and 333 Collins Street” they will be adversely impacted by the proposal. The concerns raised by 333, Choice Properties Pty Ltd relate to:

5.1. fire and emergency exit from 333 and 345-349 Collins Street;

5.2. access for window cleaning and for air conditioning/mechanical services for 333 and 349-349 Collins Street would be restricted;

5.3. the fire brigade would not have clear access to 345-349 Collins Street;

5.4. access for deliveries to 333 and 345-349 Collins Street would be reduced dramatically;

5.5. air intakes on Fulham Place would be compromised, ie smokers and food smells; and

5.6. the diesel fuel access for 333 Collins Street would be restricted.

6. The City of Melbourne upon receiving representations from Australand seeking support for an intermittent closure of Fulham Place, advised Australand of the concern from the local community and requested that they undertake an independent assessment of the access issues and discuss the outcome of the assessments with the objectors. Council officers from the Engineering Services Branch further advised Australand that these actions needed to be undertaken prior to Council commencing legal procedures, under the Local Government 1989 Act, to close the lane.

7. Australand contacted the property owner/manager of 333 Collins Street and 345-349 Collins Street in early October 2011 to discuss the access and servicing concerns. The discussions were not successful in allaying the property owner’s concerns and it was understood that the objection to the intermittent closure was to be maintained. Australand subsequently advised the City of Melbourne that they wished to pursue the closure but as a gesture of good will towards 333 and 345-349 Collins Street, that they were willing to

Attachment 2Agenda Item 5.2

Future Melbourne Committee8 May 2012

Page 4 of 27

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reduce the hours of the proposed intermittent closure of Fulham Place from the original hours of 7am to 11pm Monday to Sunday, to 11am to 4pm Monday to Saturday, thereby increasing the time available for servicing the abutting properties.

8. A proposal for the introduction of an intermittent closure, operative between 11am to 4 pm Monday to Saturday was advertised in “The Age” newspaper on 20 January 2012 (Attachment 3) and six submissions were received. These submissions are summarised and commented on in Attachment 6. A copy of the submissions is annexed to this report as Attachment 5.

Detailed Key Issues

9. The revised intermittent closure proposal is considered by Engineering Services to be a reasonable compromise by the applicant. The closure will also have considerable benefits for pedestrian safety and pedestrian connectivity between Flinders Lane and Collins Street. The closure would also not be without precedent in the City with many other similar lanes closed between 11am and 4pm.

10. The proposal to introduce an intermittent closure in Fulham Place to operate between 11 am and 4 pm Monday to Saturday, as illustrated on plan No. 8P2212 (Attachment 7) involves the installation of signage and removable bollards at its intersection with Flinders Lane during this period

11. The proposed closure to vehicular traffic will:

11.1. improve safety, by reducing pedestrian exposure to moving traffic:

11.2. enhance pedestrian connectivity between Flinders Lane and Collins Street, and

11.3. facilitate outdoor dining and other community activities.

12. Irrespective of whether the intermittent closure is approved, given the attraction of the lane to provide an alternative connection between Collins Street and Flinders Lane, it will be necessary to sign the lane as a ‘Shared Zone’ to ensure pedestrian safety. The City of Melbourne has gained VicRoads’ approval for this proposal and signs will be installed following completion of construction works to 357 Collins Street.

Submissions Committee resolution

13. The Submissions (Section 223) Committee convened on 1 March 2012 to consider the submissions received and hear all persons requesting to speak in respect to the Proposal. The Submissions Committee resolved to recommend that Council proceed with the proposal for the reasons that:

13.1. the Proposal is consistent with Council's Transport Strategy 2020 and Urban Design Strategy,

13.2. the proposal enhances pedestrian connectivity between Flinders Lane and Collins Street and improves pedestrian safety;

13.3. parking and loading requirements of affected businesses in both Collins Street and Flinders Lane can be reassessed;

13.4. any future street trading permits associated with this laneway will be subject to individual applications and are conditional consistent with advice contained within attachment to the officer's report; and

13.5. the intermittent closure should be implemented after the construction works and associated infrastructure in Fulham Place have been completed and the gantry removed.

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Telephone +61 3 9690 5544Fax +61 3 9220 0177

Email your Account Manager with an approval or for any alterations

City of Melbourne

Kelly

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Public Notices

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Please Note: This PDF proof is low resolution and only intended for viewing

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to the media

Melbourne City CouncilProposed permanent road closure of Fulham Place, Melbourne at its intersection with Flinders Lane, to vehicular traffic

Notice is given pursuant to section 207 and Clause 9 of Schedule 11 and section 223 of the Local Government Act 1989 (‘Act’) that the Melbourne City Council (‘Council’) proposes to place and maintain obstructions or barriers to block or restrict the passage or access of all vehicles to Fulham Place, Melbourne at its intersection with Flinders Lane between 11 am and 4 pm Monday to Saturday as shown on the adjoining plan.

The proposal, if approved, would allow the establishment of an outdoor dining area including tables and chairs in Fulham Place and improve amenity and safety for pedestrians. A removable bollard and associated signage would be used to maintain the closure.

Any person may make a written submission on the proposal to the Council. All submissions received by the Council on or before Friday 17 February 2012 will be considered in accordance with Section 223(1) of the Act, by the Council’s Submissions Committee (‘Committee’).

If a person wishes to be heard in support of their submission they must include the request to be heard in the written submission and this will entitle them to appear in person, or by a person acting on their behalf, before a meeting of the Committee, scheduled to be held on Thursday 1 March 2012, commencing at 3pm, in the Melbourne Town Hall, Administration Building, Swanston Street, Melbourne.

Written submissions should be marked ‘Fulham Place – Intermittent Closure’ and addressed to the Manager Governance Services, Melbourne City Council, Town Hall, 90 Swanston Street, Melbourne, 3000 or GPO Box 1603, Melbourne, 3001. Written submissions received will be made public and may be made available on the Council’s Website.

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www.melbourne.vic.gov.au

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19 January 2012 The Owner/Occupier Dear Sir/Madam FULHAM PLACE, MELBOURNE PROPOSED INTERMITTENT ROAD CLOSURE TO VEHICULAR TRAFFIC The City of Melbourne writes to advise that it is commencing legal procedures pursuant to the Local Government Act 1989, (‘the Act’) to block the passage or access of vehicles to Fulham Place on a permanent basis, by placing and maintaining a bollard at its intersection with Flinders Lane, between the hours of 11 am and 4 pm Monday to Saturday. A copy of the public notice and plan that will be advertised in The Age newspaper on Friday 20 January 2012 is shown overleaf. The closing date for written submissions is Friday 17 February 2012. Council’s Submissions Committee will meet at 3pm on Thursday 1 March 2012 in the Melbourne Town Hall, Administration Building, Swanston Street, Melbourne. The Committee will hear those persons wishing to be heard in support of their written submission. Please send your written submissions to:

Manager Governance Services Melbourne City Council GPO Box 1603 MELBOURNE 3001.

If you have any further queries, please contact Mr Dimitrios Kasapidis on 9658 8562. For further information about the proposal, visit our website www.melbourne.vic.gov.au . Yours sincerely Haig Poulson Principal Engineer Traffic Engineering CoM Ref: Doc#6941622, SR1587035

Attached: Public Notice & Plan

City of Melbourne

GPO Box 1603

Melbourne VIC 3001

Telephone (03) 9658 9658

Facsimile (03) 9654 4854

ABN 55 370 219 287

Attachment 4 Agenda Item 5.2

Future Melbourne Committee 8 May 2012

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Page 8 of 27

Network & Service Operations ana er Level 6, 333 Collins St, Melbourne P.O. Box 13071 Law Courts, VIC, 8 1+61 3 8613 3330 F +61 3 8613 33 E don.iohnsonnn.com.au www.nextpennetworks.com.au

1 417 033 796

next n 13th Feb 2012

Manager Governance Services Melbourne City Council GPO Box 1603 Melbourne 3001

To the Manager Governance Services,

rOW-CtUrfrgiffiCES

ii FEB 2012

CITY OF FAL.,p_c_)_011N E 4

Re: Fulham Place Melbourne — Proposed Intermittent Road Closure to Vehicular Traffic.

Nextgen Networks has received notification of the proposed intermittent road closure to Vehicular traffic in Fulham Place Melbourne, and I would like to give some background on our operations and how this closure may impact our business.

Nextgen Networks is a telecommunications carrier with its head office in 333 Collins St Melbourne, and has approximately two hundred staff on site. Nextgen operates a national optical fibre network, covering 21,000km and services all the mainland capital cities and many regional centres through out Australia, with over 2000 plus equipment sites. The network is management by our Service Management Centre located on level six, which operates twenty four hour per day, seven day a week.

Nextgen Networks is strongly opposed to any restriction as you would understand the continuous operation of our Service Management Centre is critical for the control of our network. Nextgen has to achieve strict customer Service Level Agreements targets and faces a financial rebate regime, and loss of reputation for the failure to meet these agreements.

Nextgen has power redundancy in place for the loss of mains power to the building through emergency power generators to provide continuous service and access to the diesel filling point for the generators is located in Fulham Place, so unrestricted access is required. In addition to this four sets of fire escape stairs exit onto Fulham place, and during an evacuation Nextgen will have staff exiting the building onto this laneway, therefore any obstruction to movement may cause hindrance to staff safely evacuating the premises.

Please consider N en's requirements in any decision that is to be made, so as to ensure it does not impact our b i1 operatio and the safety of our staff.

Yours Sincere!

Don Johnson

Nextgen Networks Pty Limited

ABN: 32 094 147 403 Level 6 333 Collins Street, Melbourne VIC 3000 PO Box 13071, Law Courts Post Office, Melbourne VIC 8010 Telephone: 03 8613 3333 Facsimile: 03 8613 3388 Email: infonn.com.au Page 1 of 1

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333 Choice Properties Pty Ltd For and on behalf of Somh ill Pty Ltd

,,-,-7.17"7r. B.A.C.N. 076 374 493

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Level 6 North Building

1 333 Collins Street 0 FEB IviELBOURNE VIC 3000 M12

Tel: (03) 9204-3333 Fax: (03) 9204-3366

7 February 2012

Manager Governance Services Fulham Place, Intermittent Closure City of Melbourne GPO Box 1603 MELBOURNE VIC 3001

Dear Sir

Fulham Place - Intermittent Road Closure Submission under section 223 Local Government Act 1989 (Vic)

We refer to your letter dated 19 February 2012(copy attached), which attached notice of the proposed intermittent road closure of Fulham Lane ("Closure Notice").

333 Choice Properties Pty Ltd ("333"), is the registered proprietor of the properties at 333 and 349 Collins Street, Melbourne, more particularly described as all of the land contained in Certificates of Title Volume 09857 Folio 589 and Volume 03407 Folio 271.

333 Collins and 349 Collins are two of the three adjoining properties that will be directly and dramatically affected by the proposed lane closure, which is no doubt activated by Australand's acquisition of 351 Collins Street and their desire to obtain maximum income from the ground floor areas by using Fulham Lane as a sit down table area or alternative use.

This letter forms our submission pursuant to section 223 of the Local Government Act 1989 ("LGA"), against the proposed closure. We object to the proposed closure on the following grounds:

Ground 1: Lack of engagement and consultation between affected business, landowners and residents

1 In early 2011, leasing agents and Australand's architect advised us that Australand wished to close Fulham Lane to enable a retail area to use this space as a dining area, in order to achieve the maximum rental potential of the development. Upon receipt of this information, our State Manger, Phillip Garrett, contacted Council to express our concern and opposition to any such proposal. We also wrote to Council on several occasions since May 2011 setting out our detailed grounds of objection to the proposed laneway closure. At all relevant times, Council consistently advised that it had no knowledge of any proposal which contemplated the closure of Fulham Lane. In particular we refer to a telephone conversation with Ms Karen Snyder, during which she advised that "she had no knowledge of the proposed closure of Fulham Lane and in any case it is not a town planning issue but a laneway committee issue", as well as the express advice of a senior town planner that "Council would not proceed with the proposed laneway closure if the majority of adjoining land owners opposed such closure", which we do and clearly advised the council of this and was informed by the council officer that on this basis, the council would be unlikely to proceed.

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Manager Governance Services

7 February 2012

Page 2.

333 Choice Properties Pty Ltd

2 For completeness, we attach copies of the file notes and letters previously sent to the Melbourne City Council in respect of the proposed closure.

3 Despite Council's assertions that it had no knowledge of any proposed laneway closure, before issue of the Closure Notice we received a letter from Austratand which detailed a number of the matters which were the subject of our previous, confidential discussions with Council. We are extremely concerned that the contents of these private discussions and correspondence - including our personal contact details - were provided directly to Australand without our consent.

4 Notwithstanding that Council and Australand have had knowledge of the proposed closure since at least May 2011, there has been a distinct lack of public engagement and consultation with affected businesses, land owners and residents. In particular:

(a) no consultation meetings with affected businesses, land owners and residents (including 333 Collins and 349 Collins) have been scheduled;

(b) no alternative loading points have been identified;

(c) no waste management plan has been prepared; and

(d) No alternative emergency evacuation and access points have been identified or approved by the MFB and other emergency service providers.

Needless to say such conduct (particularly on the part of Council) is extremely disappointing to us as long term residents of the area.

Ground 2: Reduction in Laneway Access

5 Fulham Place is a laneway specifically designed to provide vehicular access to the rear of 333 Collins and 349 Collins. The laneway is presently used by us and numerous tenants of these buildings for loading and service requirements. If the lane is closed between 1 lam - 4pm, Monday - Friday, suppliers will not have convenient and constant vehicular access to 333 Collins and 349 Collins during peak business periods.

6 If the laneway is closed, suppliers will no longer have a safe and secure loading area in close proximity to 333 Collins and 349 Collins. This will create traffic congestion on Flinders Lane and increase what is already a congested area. The closure will also cause inconvenience and pose a hazard to those persons delivering the goods, who will be required to carry goods a longer distance to their destination through the laneway while it is occupied with pedestrians, tables and chairs.

7 For example, the florist who leases spaces at the ground level of 333 Collins Street utilises the Laneway to receive deliveries from his outlet will be particularly affected by the closure. Closure of the laneway will be of significant detriment to his business.

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Manager Governance Services

7 February 2012

Page 3.

333 Choice Properties Pty Ltd

8 With the increased amount of pedestrian traffic resulting from restaurants operating in the laneway, access to and from the car park at 333 Collins Street will be a safety issue. It will also result in increased pedestrian and vehicular conflict along Flinders Lane.

9 If Fulham Lane closed, the Metropolitan Fire and Emergency Services Board ("MFB") and other emergency services will have compromised access to the side and rear of 349 Collins Street. The proposed outdoor restaurants will compromise the safety of the emergency services workers who require full and free access to the laneway during an emergency.

10 We undertake building evacuations at 349 Collins Street every six months, the two rear stairs to the property enter into the lane way, with over 250 workers in the lane way combined with it being full of tables and chairs etc, this would be a life safety issue. This property only has front and rear access.

11 333 Collins Street that has approximately 2,500 people working and visiting the property has four fire door exits leading into Fulham Lane. Again we undertake 6 monthly building evacuations, if Fulham Lane was closed and had tables, chairs and other obstructions in place, clear access would not be available to this Property.

12 Australand has previously advised that the intermittent road closure would not unreasonably restrict access to Fulham Place in an emergency situation as there are no fixed street furniture associated with the proposed food and drink tenancies. However, to expect that tables and chairs will be physically moved out of the way in an emergency situation is impractical and presents a health and safety risk to the patrons and occupants of adjoining properties and emergency workers.

Ground 3: Servicing and Maintenance of nearby properties will be compromised

13 As 349 Collins Street has quarterly window cleaning undertaken by cherry pickers, no access would be available at reasonable times as it is an all day operation.

14 333 Collins Street has windows below Fulham Lane, these windows are cleaned quarterly and again with blocked access for the BMU and abseiling, this would be unworkable.

15 Canopies will not give us clear access to the lane way for access to either property to carry out required maintenance works.

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Manager Governance Services

7 February 2012

Page 4.

333 Choice Properties Pty Ltd

16 The only access point for maintenance to 349 Collins Street is via Fulham Lane, as such the closure of this access point will have significant and detrimental impacts on this property. For example, this year alone the hot water system and roof tracking had to be laid on 349 Collins Street - the proposed closure would prevent access to this property. We are about to commission repainting and window replacement at the rear of 349 Collins Street, if the laneway is closed, we will no longer be able to undertake these works - or the works will be significantly more expensive and more time consuming due to compromised site access.

17 If Fulham Lane was closed, diesel fuel access would not be accessible to 333 Collins Street, bearing in mind we are a Premium Grade building providing 75% standby electrical power to major groups and services such as telecommunication groups, this a major concern.

18 We have recently replaced an air conditioning pump unit at 333 Collins Street and broken windows caused by the works presently being carried out by Austratand. If the laneway closure is approved by Council, no access would be available to undertake these essential maintenance works. Furthermore, whilst Australand has indicated that obstructions will be removed to enable access to Fulham Lane as required, such requests will not be well received, or implemented by tenants who are now trading in the laneway.

19 Both City West Water and Melbourne City Council have two access pits that service storm water and sewerage located within Fulham Place. These service pits directly affect 333 Collins Street. These service pits both had to be accessed within the last six months, as we have sewerage back flow within the car park. The closure of the laneway would prevent access to these service pits.

20 External lighting checks of 333 and 349 Collins are undertaken on a monthly basis. We are concerned how these checks will be undertaken or on a as needs basis when globes have to be replaced.

21 The lane closure will restrict regular maintenance by external parties of 333 and 349 Collins Street and will now incur additional costs. For instance every 12 months, the Fulham Lane side of 349 Collins Street is repainted during business hours (this process takes 1 week on a 9-5 basis). Maintenance work of this nature will no longer be able to be completed.

Ground 4: Additional Cleaning Services

22 333 Collins Street currently cleans the laneway daily on a three-hourly basis at the cost of the building owner. If outdoor restaurants are opened in the laneway, there will be more patrons creating additional waste that will require additional cleaning responsibilities for 333 Collins Street.

23 We are also concerned that additional waste generated by patrons of the proposed restaurants (such as tobacco and cigarette butt titter) will create an unsightly look and affect the picturesque Victorian-style appearance and ambiance of 333 Collins and 349 Collins Street.

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Manager Governance Services

7 February 2012

Page 5. 1 333 Choice Properties Pty Ltd

Ground 5: Amenity issues associated with kerbside cafés and restaurants

24 333 Collins and 349 Collins Victorian-style buildings which attract some of the most prestigious commercial tenants, host elegant functions (including weddings) and are a popular tourist attraction. Granting the proposal to open outdoor restaurants in Fulham Place will modernise the style of the district and detract from the visual amenity of the locality and the streetscape.

25 333 have over 175 functions on most evenings including Saturday and Sunday afternoons. With the lane closure, this will greatly disrupt the setup and removal of equipment in connection with these functions. The building is highly regarded with our Christmas tree and festive decorations - which benefit the municipality generally. This setup and take down takes over two days to complete and with the proposed lane closure, these works will not be possible.

26 Fulham Lane is in a business district of the city and is surrounded by commercial buildings. The proposed outdoor restaurants will emit excessive noise that is unreasonable in a business area and will compromise the uses of the Affected Properties.

27 One of the major air intakes to 333 Collins Street is located in Fulham Lane. Food, smoke and other street trading related smells will compromise the air intake and infiltrate the building and will affect the ambience of this building.

28 There is concern that sale of liquor in the proposed food and drink tenancies will attract a certain crowd that is adverse to the general ambience and amenity of the Affected Properties. There is a risk that patron behaviour may become inappropriate in a business district and may deter potential tenants and customers of the Affected Buildings.

In light of the above, we submit that the proposed intermittent laneway closure should be refused by Council.

We also request the right to be heard at the Committee Meeting scheduled to be held on 1 March 2012. Please confirm in writing that Council grants this request and confirm the meeting details (including room details) in due course.

Yours faithfully

PHILLIP GARRETT STATE MANAGER

Page 14 of 27

RHODES & BECKETT

GovERNANd si7:1J ;El 09 FEB NU

CITY: OF MELBOURNE

30 January 2012

Fulham Place, Intermittent Closure Manager Governance Services City of Melbourne GPO Box 1603 MELBOURNE VIC 3001

Dear Sir

Re: Fulham Place, Melbourne Lane Closure

I refer to your letter we received on 23th January 2012 and am very concerned.

349 Collins Street is our Group's head office, along with being one of our flagship retail stores. We entered into a long-term lease of 349 Collins Street, and undertook significant capital works, for various reasons including the operational efficiency provided by the rear access to our premises via Fulham Lane.

We use the laneway on an almost daily basis to deliver fabric, samples, and trading stock for our retail store. This has been hampered greatly throughout the past 12-18 months given the council's decision to allow the partial closure of the laneway during the construction of the building next door. Coupled with the massive disruption being caused on Collins Street (at the entrance to our store) the construction project has had a significant negative impact on our business.

The proposed closure of Fulham Place would make the operation of our business here quite untenable, and in my view unsafe given that the laneway also provides the primary evacuation path for my large team based in the building.

I therefore strongly request that this proposal be rejected.

Yours sincerely

Nelson Mak Managing Director

Head Office, Lower Ground, 349 Collins Street, Melbourne Vic 3000 Tel +613 9620 9599 - Fax +613 9620 9566 - www.rhodesbecketLcom.au - ABN 64 475 435 925

Page 15 of 27

RECEPIED Business information Services

2 5 JAN 2012 DM#:

SR#:

Document Barcode

1111111 1111111 J(IllhJJI!I III 201 108526

Affinity for Flowers 333 Collins Street

MELBOURNE VIC 3000

24 January 2012

Fulham Place, Intermittent Closure Manager Governance Services City of Melbourne GPO Box 1603 MELBOURNE VIC 3001

Dear Sir

Re: Fulham Place, Melbourne Lane Closure

I refer to your letter you sent me on the 20 th January 2012 in regards to the lane closure and would strongly object to such a closure.

I have operated a florist shop at 333 Collins Street for over 10 years and have just committed to an extensive upgrading of my shop which includes the back of house operations that is in Fulham Lane. At no stage did the owner of the property or the council indicate that this lane was going to be closed.

The reason why I renewed the lease is that Fulham Lane provides access to my business so that flowers are dropped off and picked up for delivery during business hours. Your proposal would make this area completely useless and the people working there would have to be released. I would stress this is not a retail area but is used as a back of house area for arrangements and storage.

I find it hard to understand how a public lane can be closed to allow a developer to make more money at the cost of existing businesses. If this closure occurs, we will be seeking compensation from the council as over 50% of my business is deliveries and with your proposal, this will not be possible and the holding of stock etc. will be greatly affected, not to mention my capital I have put into the store.

I hope your consider this and not allow a public lane to be closed to benefit a property developer's greed.

Yours sincerely

Bahieg Birt

Page 16 of 27

RECEIVED Businec.s !riforrnaion Services

25 JAN 2012

DM#:

SR#:

201 1 08530 THE

,41A-urTs91.5, Melbourne Office

Level 15, 333 Collins Street,

Melbourne, Victoria 3000

T: (+61 3) 9242 4000

1:: (+61 3) 9242 4040

E: melbourne@psLcom.au

January 24, 2012

Manager Governance Services Melbourne City Council GPO Box 1603 MELBOURNE 3001

Dear Sir/Madam

Re: FULHAM PLACE, MELBOURNE PROPSED INTERMITTENT ROAD CLOSURE TO VEHICULAR TRAFFIC CoM Ref: Dox#6941622, SR1587035

We are in receipt of your correspondence from Haig Poulson, Principal Engineer - Traffic Engineering, dated Jaunary 19, 2012 regarding the abovementioned proposal.

We wish to advise that we strongly object to your proposal for this closure as Fulham Place provides invaluable emergency exits for Emergency Evacuations for otir.Company .of 150 phis staff together with all tenants at 333 Collins Street: it is imperative that full access contin.ue to be provided.

Your sincereW•. -- Patersons Securities Limited

Frankie Kilgower Administration Manager

Cc: Haig Poulson Principal Engineer Traffic Engineering

,- City of Melbourne "- GPO Box 1603'

'MELBOURNE VIC-3001 - ..• „

WESTERN AUSTRALIA VICTORIA NEW SOUTH WALES QUEENSLAND AUSTRALIAN CAPITAL TERRITORY SOUTH AUSTRALIA

www.psl.com.au Patersons Securities Limited ASK 69 008 896 3ii ArsL Na. 239 052 Participant MAT< Group; Stockbrokers Association of Australia Principal Member; Fins odal Planning Associadon Principal member

All information and advice is confidential and for ihe private informal ion of [he person to whom it Is provided without any respond bli y or liability on any account whatsoever cm Ilse part oh LIrE hrm or any member or employee [hereof.

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Eros Holdings Pty Ltd Ground Floor

333 Collins Street MELBOURNE VIC 3000

24 January 2012

1111111 ii!

Fulham Place, Intermittent Closure

Manager Governance Services City of Melbourne

GPO Box 1603

MELBOURNE VIC 3001

RECEIVED q3usines1 Information Services

2 JAN 202

Dta:

Dear Sir

Re: Fulham Place, Melbourne Lane Closure

I received the attached letter on 20 January 2012 and tried to contact your office and have yet

to receive a return phone call.

When CB Richard Ellis, the leasing agent, first approached me about relocating to this site, I

was somewhat surprised with its viability as having owned Saranti Cafe for a number of years, I

have seen a number of operators close or sell their businesses as the market is very hard and

competitive and am sure if you check with other operators, they will confirm this.

What is more alarming is that I spoke to the owners of 333 Collins Street about this and was

told by them they were not aware of this fully and would get back to me. This they did and

advised me that as 333 Choice Property owned 2 of the 3 sites, i.e. 333 Collins Street and 349

Collins Street, that the council had told them that any such proposal would not proceed as the council would be guided on what the majority of owners wanted and the effect of such a closure would cause to the adjoining owners.

From reading your note, it now appears the council are abandoning what has been in place due

to the financial gains one overseas property developer can gain by making 4 shops having access to public lanes at no cost to the new food operators or the developers. However via

building outgoings, I will be paying to have this area cleaned, it seems very unfair to me.

Whilst I have an interest in objecting to this proposal not going ahead, you should also consider

that my sales have reduced by 26% over the last 18 months due to staff layoffs etc. By adding

another 5 shops selling the same items, this will not help at all us, the food operators at 367 Collins Street along with the others in Flinders Lane.

I hope you reject this proposal.

Yours sincerely

Chris Makarounis

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PROPOSED INTRODUCTION OF INTERMITTENT CLOSURE OF FULHAM PLACE, MELBOURNE

SUMMARY OF SUBMISSIONS

NAME BUSINESS NAME/

ORGANISATION NATURE OF SUBMISSION COMMENTS

1

2

3

Bahieg Birt Frankie Kilgower Administration Manager Chris Makarounis

Affinity for Flowers 333 Collins Street, Melbourne 3000 PATERSONS The Australian Stockbroker Level 15, 333 Collins St Melbourne 3000 Eros Holdings Pty Ltd

Objection to the proposal. Comments made in submission: Strongly objects to intermittent closure. Submitter has operated the florist at 333 Collins Street for over 10 years and has committed to an extensive upgrading of the shop which includes back of house operations in Fulham Place. Fulham Place provides access to the florist and flowers are dropped off and picked up for delivery during business hours. More than 50% of submitter’s trade is from deliveries to customers and the proposed closure will affect the holding of stock and capital value of business. Strongly objects to intermittent closure as Fulham Place provides invaluable emergency exits for emergency evacuations for their company of more that 150 staff, together with all tenants at 333 Collins Street. Submitter objects to proposal as submitter

The proposed intermittent closure, operative between 11 am and 4 pm Monday to Saturday will reduce servicing opportunities for abutting businesses. Limited loading facilities are available in Flinders Lane and in Collins Street within 30 metres of the front entrance or from Fulham Place however these loading zones already experience a high occupancy. The intermittent closure and the provision of kerbside cafes, will still provide a clear path of at least 1.5 metres for pedestrian access when the cafes are in operation. This is in excess of the Building Code of Australia which requires a 1 metre clear path from the exit to a road. As any kerbside café to be provided in Fulham Place will not have permanent street furniture, in an emergency, the tables and chairs can be moved to provide greater access. This can be made a condition of permit, however it is only logical that people will make way in such an event. Fulham Place is under the care and management of the City of

Attachment 6 Agenda Item 5.2

Future Melbourne Committee 8 May 2012

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4

5

Nelson Mair Managing Director Don Johnson Network & Service Operations Manager

Ground Floor 333 Collins Street Rhodes & Beckett 349 Collins Street Melbourne 3000 Level 6, 333 Collins St, Melbourne 3000

will be contributing to cost of cleaning area and the addition of other food operators will reduce sales for his café. Submitter has advised that Rhodes & Beckett have entered into a long term lease agreement at 349 Collins Street for reasons including the operational efficiency provided by the rear access to their premises via Fulham Place. The laneway is used on almost a daily basis to deliver fabric, samples and trading stock. The construction activities for the abutting building have greatly hampered access and has had a significant negative impact on their business. The proposed intermittent closure of Fulham Place would make the operation of their business untenable and in their view unsafe given that the laneway also provides the primary evacuation path for their large team. Nextgen Networks is a telecommunications carrier with its head office located at 333 Collins St and with approximately two hundred staff. Nextgen operates a national optical fibre network servicing all the mainland capital cities and many regional centres and their head office operates 24 hours per day seven days per week. Nextgen has to achieve strict customer Service Level Agreement targets and faces financial rebate regime and loss of reputation for the failure to meet these agreements.

Melbourne. Cleaning of this lane is therefore the responsibility of the City of Melbourne. The proposed intermittent closure, operative between 11 am and 4 pm Monday to Saturday will reduce servicing opportunities for abutting businesses. Limited loading facilities are available in Flinders Lane and in Collins Street within 30 metres of the front entrance or from Fulham Place however these loading zones already experience a high occupancy. The intermittent closure and the provision of kerbside cafes, will still provide a clear path of at least 1.5 metres for pedestrian access when the cafes are in operation. This is in excess of the Building Code of Australia which requires a 1 metre clear path from the exit to a road. As any kerbside café to be provided in Fulham Place will not have permanent street furniture, in an emergency, the tables and chairs can be moved to provide greater access. This can be made a condition of permit, however it is only logical that people will make way in such an event The proposed intermittent closure will restrict opportunities for refuelling the diesel power generators during the five hour period of the intermittent closure. As this requirement is only for emergency situations the refuelling of the generators may be undertaken outside the closure period. Further information will be required from applicant to establish if fuel supply is sufficient to run generators for more than the five hour closure period or whether their emergency plan can accommodate manual refuelling. The intermittent closure and the provision of kerbside cafes, will still provide a clear path of at least 1.5 metres for pedestrian access when the cafes are in operation. This is in

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Phillip Garrett State Manager 333 Choice Properties Pty Ltd

Level 6 North Building 333 Collins Street Melbourne 3000

Nextgen has power redundancy in place for the loss of mains power to the building through emergency diesel power generators. The diesel filling point is located within Fulham Place and therefore unrestricted access is required. In addition, four sets of fire escape stairs exit onto Fulham Place and during an evacuation Nextgen will have staff exiting the building onto this laneway. Therefore any obstruction to movement may cause hindrance to staff safely evacuating the premises. Object to intermittent closure proposal on following grounds: Fulham Place is specifically designed to provide vehicular access to the rear of 333 and 349 Collins Street. The lane is used by tenants of these building for loading and service requirements. If lane is closed, suppliers will no longer have safe and secure loading area in close proximity to 333 and 349 Collins Street. This will create traffic congestion on Flinders Lane. The closure will also cause inconvenience and pose a hazard to delivery staff and require them to carry goods longer distance through lane occupied with pedestrians tables and chairs. Florist who leases the ground level of 333 Collins Street utilises the laneway to receive deliveries from his outlet and will be particularly affected by closure. With the increased amount of pedestrian traffic resulting from restaurants operating

excess of the Building Code of Australia which requires a 1 metre clear path from the exit to a road. As any kerbside café to be provided in Fulham Place will not have permanent street furniture, in an emergency, the tables and chairs can be moved to provide greater access. This can be made a condition of permit, however it is only logical that people will make way in such an event. The proposed intermittent closure, operative between 11 am and 4 pm Monday to Saturday will reduce servicing opportunities for abutting businesses. Limited loading facilities are available in Flinders Lane and in Collins Street within 30 metres of the front entrance or from Fulham Place however these loading zones already experience a high occupancy. The increase of pedestrian traffic through Fulham Place may create a pedestrian and vehicular conflict along Flinders Lane,

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in the laneway, access to and from the carpark at 333 Collins Street will be a safety issue. It will also result in increased pedestrian and vehicular conflict along Flinders Lane. MFB and other emergency services will have compromised access to the side of 333 and the rear of 349 Collins Street. The outdoor restaurants will compromise the safety of the emergency services workers who require full and free access to the laneway during an emergency. Building evacuations at 349 Collins street are undertaken every six months. The two rear stairs to the property enter into the lane. With over 250 workers in the lane combined with it being full of tables and chairs etc, this would be a life safety issue. This property only has front and rear access. 333 Collins Street has approximately 2500 people working and visiting the property. The building has four fire door exits leading into Fulham Place. Six monthly building evacuations are also undertaken by this building and if Fulham Place was closed and had tables, chairs and other obstructions in place, clear access would not be available to this property.

however this area can be reviewed with the possibility of providing a mid-block zebra pedestrian crossing such as exists in Flinders Lane at Centre Place to cater for any pedestrians crossing Flinders Lane. The intermittent closure and the provision of kerbside cafes, will still require that a clear path of at least 1.5 metres for pedestrian access is provided when the cafes are in operation. This is in excess of the Building Code of Australia which requires a 1 metre clear path from the exit to a road. As any kerbside café to be provided in Fulham Place will not have permanent street furniture, in an emergency, the tables and chairs can be moved to provide greater access. It would also not be expected that Fire Brigade vehicles would enter Fulham Place as it would be extremely difficult if not impossible for a Fire Truck to enter Fulham Place. The intermittent closure and the provision of kerbside cafes, will still require that a clear path of at least 1.5 metres for pedestrian access is provided when the cafes are in operation. This is in excess of the Building Code of Australia which requires a 1 metre clear path from the exit to a road. As any kerbside café to be provided in Fulham Place will not have permanent street furniture, in an emergency, the tables and chairs can be moved to provide greater access. This can be made a condition of permit, however it is only logical that people will make way in such an event. The intermittent closure and the provision of kerbside cafes, will still require that a clear path of at least 1.5 metres for pedestrian access is provided when the cafes are in operation. This is in excess of the Building Code of Australia which requires a 1 metre clear path from the exit to a road. As any kerbside café to be provided in Fulham Place will not have permanent street furniture and in an emergency, the tables and chairs can be moved to provide greater access. This can be made a condition of permit, however it is only logical that people will make way in such an event.

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Australand had previously advised that no fixed street furniture will be provided as part of the kerbside cafes and food and drink tenancies. However to expect that tables and chairs will be physically moved out of the way in an emergency situation is impractical and presents a health and safety risk to patrons and occupants of adjoining properties and emergency workers. As 349 Collins street has quarterly window cleaning undertaken by cherry pickers, no access would be available at reasonable times as it is an all day operation. Similarly, 333 Collins Street has windows over Fulham Place which are cleaned quarterly. With blocked access this would be unworkable for cleaning staff who undertake this work by abseiling. Canopies will not give clear access to the lane for access to either property to carry out required maintenance works. The only access point for maintenance to 349 Collins Street is via Fulham Place. The closure of this access point will have significant and detrimental impacts on this property. For example, the hot water and roof tracking was replaced. Further works such as window replacement and repainting are to be undertaken in near future. The closure of the Fulham Place will not permit the works to be undertaken or the works will be significantly more expensive and time consuming due to

As indicated above a clear path of at least 1.5 metres would be available at all times. It would also be expected that in an emergency the tables and chairs could easily be moved, and the patrons themselves would move away from any danger, similar to drivers moving out of the way of an emergency vehicle on the road. This however could be made a condition of any permit issued. The proposed intermittent closure, operative between 11 am and 4 pm Monday to Saturday will reduce servicing opportunities for abutting businesses. Window cleaning as described for 333 and 349 Collins Street would be required to be undertaken either over a number of days outside the closure period or out of hours or on Sundays. This however may increase costs. Maintenance works that require a greater time frame can be undertaken by applying to Council’s Street Trading Branch to temporarily suspend the operation of the cafes during the maintenance period It is understood that any canopies to be provided will not be fixed and will be able to be retracted to allow vehicular access along the lane. The proposed intermittent closure, operative between 11 am and 4 pm Monday to Saturday will reduce servicing opportunities for abutting businesses. Minor maintenance works would be required to be undertaken either over a number of days outside the closure period or out of hours or on Sundays. Maintenance works that require a greater time frame can be undertaken by applying to Council’s Street Trading Branch to temporarily suspend the operation of the cafes during the maintenance period.

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compromised access. In addition, whilst Australand has indicated that obstructions will be removed to enable access to Fulham Place as required, such requests will not be well received or implemented by tenants. The closure of Fulham Place would restrict the delivery of diesel fuel which runs the generators providing standby electrical power to major groups and services such as telecommunication groups. Both City West Water and City of Melbourne have access pits that service storm water and sewage pipes within Fulham Place. These service pits directly affect 333 Collins Street. These pits both had to be accessed within the last six months as there was a sewage backflow within the carpark. The closure of the lane would prevent access to these service pits. External lighting checks for 333 and 349 Collins Streets are undertaken on a monthly basis. Concern in raised as to the ability to undertake these checks as well as the replacement of globes on a as needs basis. 333 Collins Street currently cleans Fulham Place on a daily basis at a three hour interval at their cost. The provision of outdoor restaurants is likely to create additional waste and greater cleaning responsibilities for 333 Collins Street.

The proposed intermittent closure will restrict opportunities for refuelling the diesel power generators during the five hour period of the intermittent road closure. As this requirement is only for emergency situations the refuelling of the generators may be undertaken outside the closure period. Further information will be required from the applicant to establish if fuel supply is sufficient to run the generators for more than the five hour closure period or whether their emergency plan can accommodate manual refuelling. The normal servicing of drainage or sewage pits can be undertaken outside of closure hours if it is not an emergency. In cases of emergency, the closure will be suspended until works are completed. This could be made a condition of any permit issued. The lighting checks and any replacement of globes should be able to be undertaken outside the closure hours. The closure commences at 11 am so there are opportunities to replace globes before this time. Maintenance works that require a greater time frame can be undertaken by applying to Council’s Street Trading Branch to temporarily suspend the operation of the cafes during the maintenance period The cleaning of Fulham Place is the responsibility of the City of Melbourne. Should outdoor dining be approved in Fulham Place, an appropriate street cleaning regime will be implemented by City of Melbourne.

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Litter such as tobacco and cigarette butt litter will create an unsightly look of the Victorian-style appearance of 333 and 349 Collins Street. 333 and 349 Collins Street Victorian-style buildings which attract some of the most prestigious commercial tenants, host elegant functions (including weddings) and are a popular tourist attraction. Granting the proposal to open outdoor restaurants in Fulham Place will modernise the style of the district and detract from the visual amenity of the locality and the streetscape. 333 Collins has over 175 functions on most evenings including Saturday and Sunday afternoons. The lane closure will greatly disrupt the setup and removal of equipment in connection with these functions. The building is highly regarded with the Christmas tree and festive decorations which benefit the municipality generally. The set up and removal of these decorations takes over two days to complete. Fulham Place is in a business district of the City and is surrounded by commercial buildings. The proposed outdoor restaurants will emit excessive noise that is unreasonable in a business area and will compromise the uses of the affected properties. One of the major intakes to 333 Collins Street is located in Fulham Place. Food smoke and other street trading related smells will compromise the air intake and infiltrate the building and will affect the ambience of this building.

Noted. The intermittent closure proposal will add to the complexity of undertaking the set up of the various functions stated. The closure will not totally prevent access and some of the set up may be undertaken during the closure period. As with maintenance works, if the set up of certain functions requires a greater time frame, the applicant can request Council’s Street Trading Branch to temporarily suspend the operation of the cafes during this period. As part of the Principles and Permit Conditions of any kerbside café, the permit holder is responsible for monitoring and managing patron behaviour, including noise and nuisance. The provision of amplified noise into the kerbside café area is not permitted. The applicant has advised that the proposed food and drink premises will be fitted with exhaust fans to minimise intrusion of odours into Fulham Place. The provision of food and drink premises and the provision of suitable exhaust fans is regulated by the Building Code of Australia. The City of Melbourne’s Building Department will review all such applications. Notwithstanding the above, the provision of outdoor dining

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There is concern that the sale of liquor in the proposed food and drink tenancies will attract a certain crowd that is adverse to the general ambience and amenity of the affected properties. There is a risk that patron behaviour may become inappropriate in a business district and may deter potential tenants and customers of the affected buildings.

facilities does not necessarily increase food odours within the lane as all cooking is undertaken within the café. Each applicant will be required to comply will all liquor licence regulations.

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Attachment 7Agenda Item 5.2

Future Melbourne Committee 8 May 2012

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