===== PAGE 1 ===== 413 Francis Street, Brooklyn Planning Report 20 May 26 ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 2 ===== Document No. Document Form Prepared By Reviewed By Dated 1. Draft for Formal Lodgement S. Li D. Letty 17.03.2026 2. Final Draft D. Letty Client 02.04.2026 3. Final D. Letty H. McKenzie 20.04.2026 Disclaimer proUrban has taken all professional care to ensure that this document is current at the time of writing. proUrban accepts no liability for any loss or damages incurred as a result of reliance placed upon its content. © proUrban Advisory Planning & Management Pty Ltd This document is subject to copyright. Use or copying of this document in whole or in part, without the written permission of proUrban will constitute an infringement of copyright. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 3 ===== Table of Contents Executive Summary .....................................................................................................................5 1 Introduction .........................................................................................................................6 2 Approval Pathway ................................................................................................................8 2.1 Eligibility ....................................................................................................................................... 8 3 Site Context .........................................................................................................................9 3.1 Site Description ............................................................................................................................. 9 3.2 Permit History ............................................................................................................................. 11 3.3 Existing Site Conditions ............................................................................................................... 12 3.4 Surrounding Area ........................................................................................................................ 14 4 Proposal .............................................................................................................................15 4.1 Land Use...................................................................................................................................... 15 4.2 Operations .................................................................................................................................. 15 4.3 Built Form and Development Summary ...................................................................................... 15 4.4 Early Works ................................................................................................................................. 18 5 Statutory Planning Controls ...............................................................................................20 5.1 Zone ............................................................................................................................................ 20 5.2 Overlays ...................................................................................................................................... 21 5.3 Particular Provisions ................................................................................................................... 22 6 Planning Permit Requirements ...........................................................................................27 6.1 Permit Triggers ............................................................................................................................ 27 6.2 Referrals ...................................................................................................................................... 27 6.3 Notice and Review ...................................................................................................................... 27 7 Relevant Planning Policy ....................................................................................................29 7.1 Plan for Victoria .......................................................................................................................... 29 7.2 Municipal Planning Strategy ....................................................................................................... 29 7.3 Planning Policy Framework ......................................................................................................... 30 7.4 Melbourne Industrial and Commercial Land Use Plan (MICLUP) ................................................. 34 7.5 Hobsons Bay Industrial Land Management Strategy (ILMS, June 2008) ...................................... 35 8 Planning Assessment ..........................................................................................................37 8.1 Significant Economic Development ............................................................................................. 37 8.2 Relevant Planning Policies........................................................................................................... 38 ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 4 ===== 8.3 Land Use...................................................................................................................................... 39 8.4 Built Form ................................................................................................................................... 39 8.5 Vegetation Removal and Landscaping......................................................................................... 42 8.6 Car Parking and Access ................................................................................................................ 43 8.7 Environmentally Sustainable Development ................................................................................ 44 8.8 Stormwater Management ........................................................................................................... 44 9 Conclusion .........................................................................................................................45 ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 5 ===== Executive Summary This report has been prepared by proUrban Advisory, Planning and Management (‘proUrban’) on behalf of Stockland Development Pty Ltd in support of the planning permit application relating to the land at 413 Francis Street, Brooklyn (the Site). This application seeks approval for the use and development of the land for a data centre (the Project). The Project seeks the staged use and development of a two-storey data centre (250MVA ultimate power capacity) pursuant to the Industrial 1 Zone. To facilitate these works, the existing warehouse buildings and associated hard stand/car parking area are to be removed. Early works approval will be sought to undertake bulk earthworks across the Site, including the preparation and leveling of the Site to allow AusNet to deliver the substation (utility installation). It is noted that substation use and development will be a separate application prepared by AusNet. This application meets the relevant eligibility criteria to be considered under the Development Facilitation Program where the Minister for Planning will be the Responsible Authority pursuant to Clause 53.22 of the Planning Scheme. In particular, the Project seeks permission for the staged delivery of a two-storey data centre, generally comprising the following buildings and works: • Bulk earthworks for site preparation and leveling (early works approval sought); • Construction of a two-storey data centre building with a building height of 18.3 metres, with an additional 7.2 metres of building services for plant and chiller equipment (for a combined maximum height of circa 25.5 metres); • The buildings comprise a total gross floor area of circa 75,000 square metres across the two storey data halls and ancillary offices, with additional circa 12,000 square metres associated major plant structures (housing generators and chillers); • Vehicle ingress and egress is proposed centrally along the Site’s frontage to Francis Street, with circa 110 car parking spaces provided at the frontage of the two data centre buildings; • Removal of some vegetation to accommodate the functional parameters of the proposed data centre and substation development; • Additional landscaping provided in the front setback of the building, scattered throughout the Site and to the office entry of each building, providing an improved landscape response; and • Provision of required utilities, including diesel generator back up power system, associated fuel storage systems, fire pump and associated water tanks. The proposed data centre seeks to provide much needed AI integration, data, content and cloud services to address the emerging demand for cloud computing services. The Project’s design has been shaped by technical assessments and stakeholder feedback, ensuring a balanced approach to development. The Project seeks to provide a strategic response to the existing and emerging character through provision of an improved built form and landscape response. The Project seeks to make a significant contribution to the State of Victoria by providing additional cloud computing ability through the proposed maximum capacity of 250MVA power-supplied data centre. Overall, the Project demonstrates a balanced and integrated response to the relevant planning policy objectives and delivers a clear net community benefit for current and future generations. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 6 ===== 1 Introduction This report has been prepared by proUrban Advisory, Planning and Management (‘proUrban’) on behalf of Stockland Developments Pty Ltd (‘the applicant’) in support of the planning permit application relating to the land at 413 Francis Street, Brooklyn (‘the Site’). proUrban has been instructed, at the direction of the applicant, to prepare and submit an application for the use and development of the land for data centre with associated office, car parking and loading areas, and landscaping (‘the Project’). This report has been informed by: • A review of the Hobsons Bay Planning Scheme and all the relevant clauses and planning policy contained therein; • A detailed inspection of the Site and surrounding area; • A pre-application meeting with representatives from the Development Facilitation Program (DFP); • Pre-application meetings with Hobsons Bay City Council (ref: GE250885), Invest Victoria, WorkSafe, and Environment Protection Authority (EPA); • A review of the relevant Certificates of Title; and • A review of the Architectural Plans and other technical reports prepared by Jacobs. The report provides: • A description of the Site and surrounding area. • A description of the Project. • An outline of the relevant statutory planning framework. • An assessment of the Project against the relevant provisions of the Hobsons Bay Planning Scheme. • An assessment of the key issues as they relate to the Project. • An assessment of the merits of the Project. This report should be read in conjunction with the following plans and reports: • Architectural Plans (issued 20 May 2026) prepared by Jacobs; • Arborist report (dated 20 May 2026) prepared by Homewood Consulting Pty Ltd; • Acoustic Assessment (dated 19 May 2026) prepared by Marshall Day Acoustics (Australia) Pty Ltd; • Air Quality and Plume Rise Assessment (dated 20 May 2026) prepared by Jacobs; • Sustainability Management Plan (dated 20 May 2026) prepared by Jacobs; • Landscape Plan (dated 20 May 2026) prepared by Jacobs; • Preliminary Risks and Hazard Assessment (dated 20 May 2026) prepared by Jacobs; • Traffic Impact Assessment (dated 20 May 2026) prepared by Jacobs; ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 7 ===== • Waste Management Plan (dated 20 May 2026) prepared by Jacobs; • Stormwater Management Plan (dated 20 May 2026) prepared by Jacobs; and • Green Travel Plan (dated 20 May 2026) prepared by Jacobs. Overall, we submit that the Project is consistent with the relevant policy objectives and the intent of the Hobsons Bay Planning Scheme and presents an appropriate design response to the Site’s opportunities and constraints and the broader context of the surrounding area. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 8 ===== 2 Approval Pathway 2.1 Eligibility The permit application is made to the Minister for Planning via the Department of Transport and Planning (DTP) (‘the responsible authority’) utilising Clause 53.22 (Significant Economic Development) of the Planning Scheme. Clause 53.22 sets out prerequisite conditions at Table 1 which are to be met. The Project meets the conditions for a Category 1 application which, pursuant to Clause 53.22-1 includes the following: • The use must be specified in Table 2 and the condition corresponding to that use must be met. • Must have the written advice from the Chief Executive Officer, Invest Victoria confirming the likely financial feasibility of the proposal. The application is eligible for the Clause 53.22 planning pathway under Category 1, through the following: • The Project has an estimated development cost of $935,411,000 exceeding the $20,000,000 threshold; and • Has obtained written advice from the Chief Executive Officer, Invest Victoria, demonstrating the likely feasibility of the proposal as outlined in their letter of support dated 15 March 2026. Pursuant to Clause 53.22-2, the responsible authority may waive or vary any building height or setback requirement. Pursuant to Clause 53.22-4, an application under any provision of this planning scheme is exempt from the decision requirements of sections 64(1), (2) and (3), and the review rights of sections 82(1) of the Act. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 9 ===== 3 Site Context 3.1 Site Description The broader site is located at 413 Francis Street, Brooklyn, and is formally identified as Land on Plan of Consolidation 373205M (Volume 09782, Folio 435). The subject Site (planning unit) of this Project relates to the northern part of the broader site (stage 1), as outlined in Figure 1 below. A review of the title documents demonstrates that the Site is encumbered by the following restriction: Agreement M995357G (part Section 52A Town and Country Planning Act 1961): Frontage, Setback Landscaping will be maintained in the Landscape Setback which is created for the exclusive purpose of landscape, with exceptions for servicing, driveways, footpaths and building associated with power supply requirements, subject to the prior written consent of the Council. Side Boundary Setback Policy: Allotments 15-23 Such setback shall be a minimum of 1.5 metres on one boundary and three (3) metres on opposite boundary. Where possible, the three (3) metre setback shall coincide with the 1.5 metre setback on the adjoining Allotment. For no more than 50% of its length this setback can be utilised for other purposes. Rear Boundary Minimum of three (3) metres setback for landscaping; however up to 50% of this setback, for no more than 50% of the width of the Allotment can be utilised for other purposes. No buildings are proposed to be located on the property at 22 Export Drive and continues to comply with the requirements of Agreement M995357G. Further, the Site is affected by the following easements along the north part of the western boundary: • Easement E-1 (Sewerage, Drainage and Water Supply), in favour of Melbourne Water. • Easement E-2 (Way, Drainage, Sewerage, and Supply of Electricity, Gas, Telephone and Water), in favour of lots on LP20916t. • Easement E-1 & E-3 (Sewerage), in favour of City West Water Corporation. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 10 ===== Figure 2 | Title Plan and Easements (subject site outlined in red) The Site is largely rectangular in shape with a total area of circa 110,473 square metres. The Site has a frontage to Francis Street of 251.12 metres and a frontage to Export Drive of 40.08 metres. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 11 ===== Figure 3 | Cadastral Map with the Subject Site Outlined in Red (Source: LandChecker) 3.2 Permit History Various planning permits have been issued across the Site which generally allowed industrial development with associated signage. The planning approval most relevant to the Project is Permit PA230986, which was approved on 28 June 2024 by Hobsons Bay Council. Following the issue of the planning permit, a further two-year extension for the commencement of buildings and works has been sought and approved on 5 May 2026. Accordingly, the permit will now expire if the development is not commenced by 28 June 2028. It is noted that Permit PA230986 also approved various tree removal across the Site (aside from those in the front landscaped setback to Francis Street). Given that the permit is still valid, it is assumed that this could form the basis for what could be considered again under a new application. It is noted that the Site also has various VicSmart permits for buildings and works, which we consider not relevant to this Project. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 12 ===== Figure 4 | Decision Plans of Permit PA230986 (trees to be removed outlined in red) 3.3 Existing Site Conditions The Site is developed with multiple older-style industrial and warehouse buildings with associated office space, currently operating as part of the Brooklyn Distribution Centre. Primary vehicle access is provided via three (3) existing crossovers from Francis Street. The small area fronting Export Drive is currently vacant land with existing trees and grass. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 13 ===== Figure 5 | Aerial Image of the Subject Site (planning unit outlined in red) Figure 6 | Existing Site Photos (Source: Stockland) ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 14 ===== 3.4 Surrounding Area The Site is located approximately 12 kilometres west of the Melbourne CBD, at the western end of an established industrial area located to the immediate north of the West Gate Freeway. Interfaces surrounding the Site are as follows: • North: To the immediate north of the Site, across Francis Street, are existing industrial developments of various sizes. Further north, across Geelong Road / Princes Highway, is a large area of established industrial precinct in Tottenham. • East: To the immediate east are similar distribution centres and warehouse storage facilities forming the Brooklyn Industrial Precinct. Existing warehouses consists of varying forms, generally of a two to three storey scale. • South: To the immediate south of the Site are the southern part of the Brooklyn Distribution Centre, located within the same broader site. Further south are land zoned for public use (service and utility) and bordered by the West Gate Freeway to the south. • West: To the immediate west of the Site are similar large-format warehouse developments. Further west, on the opposite side of Millers Road, are existing residential area predominantly consisting of 1-2 storeys dwellings. Figure 7 | Aerial Image of the Subject Site (outlined in red) and Surroundings ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 15 ===== 4 Proposal The Project seeks planning approval for the use and development of the Site for utility installation (data centre). Details of the proposed land use and built form are detailed in relevant sections provided below. 4.1 Land Use The Project seeks to use the land for the purposes of data centre with ancillary office. Pursuant to Clause 73.03, data centre (has no definition specified) is included in utility installation land use group. 4.2 Operations The Project will operate 24 hours per day, seven days a week. The development will include a core daytime shift that will comprise up to 50 employees on site. The other shifts are expected to have smaller workforce numbers, comprising circa 13-25 employees. Depending on consumer demand, the development expects 20 – 100 visitors each day. Regarding vehicles, the development expects truck access with data servers 2-3 times a week during the initial installation period. After which, truck movements are expected to reduce significantly. Other than trucks, employee vehicles will enter/exit the Site on a daily basis. Further details on the car parking arrangement and appropriateness of the parking provisions are detailed within the Traffic Impact Assessment prepared by Jacobs. 4.3 Built Form and Development Summary The Project seeks approval for the buildings and works associated with the construction of the data centre. The development can be summarised in the following table: Development Summary Development Category Project Floorspace Data hall: All data halls combined are proposed to have a total Gross Floor Area (GFA) of circa 75,000 square metres with additional circa 12,000 square metres associated major plant open structures (housing generators and chillers) on the rooftop. Office (Admin Block): Circa 4,800 square metres GFA. Guard House: Circa 75 square metres GFA. Building Height 2-storey development of circa 25.5 metres in height, including rooftop mechanical equipment. Due to the scale and expanses of the site, the height above NGL varies, with the maximum height above NGL 26.87 metres. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 16 ===== Setbacks Front - to fire water tanks Circa 20 metres. Front – to data halls Circa 54.4 metres. Side and Rear Circa 17 metres to the western boundary, 28.8 metres to the eastern boundary, and 23 metres to the rear boundary. Materials & Finishes The materiality and colour palette for this Project has drawn inspiration from the surrounding industrial character within Brooklyn. Materials are generally crafted around grey tones for the façade, roof and canopies with blue cladding providing breaks along the façade resulting in improved articulation and visual interest. The materials and finishes are designed to reduce perceived visual bulk, while providing practicality and durability. Vegetation Removal A total of 99 trees will be impacted by the Project and require removal. The arborist report prepared by Homewood Consulting details that all trees currently onsite are all planted and no remnant vegetation exists onsite as further demonstrated through historical photos of the site. It is noted the proposed tree removal is generally aligned with the approved tree removal under existing Planning Permit PA230986. Vegetation removal will be offset with new planting and significant building setbacks from Francis Street and adjoining properties as detailed in the landscaping section below. Landscaping The landscape plan prepared by Jacobs details new trees, meaningful landscaping and tree planting within the Site, providing maximum impact for the Project in compliance with the security requirements associated with a data centre facility. The Project will facilitate at least 20 metres of landscaped setback to Francis Street. Meanwhile, the entire area fronting Export Drive is to be landscaped, aside from the accessway. The Project’s landscape response is bolstered with understory planting and shrubs throughout the Francis Street frontage for visual interest and to improve the visual amenity of the Site. Additional landscape including small trees, shrubs and groundcovers are also to be provided around the perimeter of each of the data centre buildings which softens the perimeter of the buildings, whilst maintaining the critical requirements and functions of the facility. Various landscape zones are also provided proximate to the admin building and car parking areas to provide break-out areas for workers and visitors. This, combined with a defined and dynamic entry to the facility, significantly improves the landscape outcome compared to the existing conditions of the Site. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 17 ===== Car Parking and Loading 110 car parking spaces are provided on site, comprising two DDA spaces and ten bicycle parking spaces at the frontage of office buildings. Separate loading areas are provided at the rear of the office building and generally contained centrally within the Site. Each building will incorporate end‑of‑trip facilities within the administration block to support staff commuting by active transport modes. Access The Project will construct two access points: • Francis Street: Alter and expand an existing vehicle crossover located at the northeastern corner of the Site to provide for the main vehicular access to the Site. Existing vehicle crossing centrally and to the west of the Francis Street frontage are proposed to be removed and reinstated with curb and channel. • Export Drive: Create a new vehicle crossover through Export Drive, providing direct connection to the power substation at the rear of the Project, allowing for secure and separate access. Diesel Storage The generators will be supplied with diesel from 32 on-site fuel storage compounds, comprising circa 3.2 megalitres (3,500 to 4,000 metric tonnes) of total fuel storage capacity. The fuel storage compounds are within four compounds with eight clusters within each compound, centrally located adjacent to the data halls. Each cluster consists of eight 100 kilolitres vertical aboveground tanks. It is also noted that the existing warehouse and associated hardstand will be demolished before the development of the Project. However, it is noted that a planning permit is not required for the demolition works onsite. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 18 ===== Figure 8 | Proposed Site plan 4.4 Early Works The Project is proposed to be built across various stages, with early works proposed to occur immediately following a planning permit being issued for the Site. To facilitate the early works on the Site, we propose the following conditions to be incorporated as part of any future planning permit: Bulk Earthworks a) With the prior written consent of the Responsible Authority and before the commencement of any buildings and works, a Bulk Earthworks Plan may be prepared to the satisfaction of the Responsible Authority, thus allowing Early Works to commence on site. Construction Management Plan a) Prior to the commencement of buildings or works on the land including Bulk Earthworks, a Construction Management Plan, detailing how the owner will manage the construction issues associated with the development, must be submitted to and approved by Responsible Authority. b) When approved, the Construction Management Plan will form part of this permit and must be complied with, to the satisfaction of the Responsible Authority, to the extent that this is in the control of the owner of the land. The owner of the land is to be responsible for all costs associated with the works to be undertaken in accordance with the requirements of the Construction Management Plan. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 19 ===== The early works are required to facilitate bulk earthworks to prepare the Site to ensure works can commence without delay. The early works includes preparation of the substation location to allow for AusNet to commence above- ground works in line with the delivery of power requirements for the data centre. A concurrent application will be made by AusNet for the built form requirements associated with the substation location. Accordingly, we propose that this can be managed via appropriately worded conditions in conjunction with a bulk earthworks plan and staging plan provided as part of endorsement. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 20 ===== 5 Statutory Planning Controls 5.1 Zone Clause 33.01 – Industrial 1 Zone (IN1Z) Part of the Site (eastern portion) is located within the Industrial 1 Zone (IN1Z). The purpose of the IN1Z is as follows: • To implement the Municipal Planning Strategy and the Planning Policy Framework. • To provide for manufacturing industry, the storage and distribution of goods and associated uses in a manner which does not affect the safety and amenity of local communities. Figure 9 | Industrial 1 Zone (Site outlined in red) Pursuant to Clause 33.01-1, a permit is required to use the land for the purpose of data centre (utility installation), subject to the following condition: • Any gas holder, or sewerage or refuse treatment or disposal works, must be at least 30 metres from land (not a road) which is in an Activity Centre Zone, Capital City Zone, Commercial 1 Zone, Docklands Zone, residential zone or Rural Living Zone, land used for a hospital, an education centre or a corrective institution or land in a Public Acquisition Overlay to be acquired for a hospital, an education centre or a corrective institution. It is noted that no gas holder, or sewerage or refuse treatment or disposal works within the Project will be located within 30 metres from the residential areas to the west. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 21 ===== Pursuant to Clause 33.01-4, a permit is required to construct a building or construct or carry out works. Pursuant to Clause 33.01-4, an application is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act. This exemption does not apply to an application for a building or works within 30 metres of land which is in a residential zone or land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre. The planning unit for the application is located circa 172 metres away from the nearest residentially zoned land, with the planning unit separated from residential land by the existing industrial properties at 11-45 Millers Road. In addition, a concurrent subdivision application has been lodged with Hobsons Bay City Council (SPEAR: S266704) to subdivide the site into two lots to separate out the planning unit. Therefore, the planning unit is soon to be an individually titled lot and separated from residentially zoned by more than the required 30 metres. Accordingly, the buildings and works pursuant to Clause 33.01-4 should be exempt from notice and review. Draft Inner West Employment Zoning (Amendment GC276) Draft Planning Scheme Amendment GC276, also known as the Inner West Employment Zoning (IWEZ), proposes to rezone the Site and other land within the Brooklyn Industrial Precinct from IN1Z to Industrial 3 Zone (IN3Z). GC276 recently completed public exhibition 3 April 2026 and it is understood the amendment is to be finalised and presented to the Minister. In the likely event that the rezoning is implemented and the Site is rezoned to Industrial 3 Zone, this will not alter the planning permissions sought by this application, with the broader land use definition of ‘utility installation’ being a Section 2 – permit required land use under both the IN1Z and IN3Z. 5.2 Overlays Clause 44.05 – Special Building Overlay (SBO) Part of the Site (northern boundary) is affected by the Special Building Overlay (SBO). The purpose of the SBO is as follows: • To implement the Municipal Planning Strategy and the Planning Policy Framework. • To identify land in urban areas liable to inundation by overland flows from the urban drainage system as determined by, or in consultation with, the floodplain management authority. • To ensure that development maintains the free passage and temporary storage of floodwaters, minimises flood damage, is compatible with the flood hazard and local drainage conditions and will not cause any significant rise in flood level or flow velocity. • To protect water quality and waterways as natural resources by managing urban stormwater, protecting water supply catchment areas, and managing saline discharges to minimise the risks to the environmental quality of water and groundwater. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 22 ===== Figure 10 | Special Building Overlay (subject site outlined in red) Pursuant to Clause 44.05-2, a permit is required to construct a building or to construct or carry out works. Pursuant to Clause 44.05-5, an application under this overlay is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act. Pursuant to Clause 44.05-6, an application must be referred to the relevant floodplain management authority under Section 55 of the Act unless in the opinion of the responsible authority, the Project satisfies requirements or conditions previously agreed to in writing between the responsible authority and the floodplain management authority. 5.3 Particular Provisions The particular provisions are specific prerequisites or planning provisions for a range of particular uses and developments and apply consistently across the state. Unless specified otherwise, the particular provisions apply in addition to the requirements of a zone or overlay. Clause 52.05 Signage Clause 52.05 outlines the signage requirements which apply to the land. The purpose of Clause 52.05 is as follows: • To regulate the development of land for signs and associated structures. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 23 ===== • To ensure signs are compatible with the amenity and visual appearance of an area, including the existing or desired future character. • To ensure signs do not contribute to excessive visual clutter or visual disorder. • To ensure that signs do not cause loss of amenity or adversely affect the natural or built environment or the safety, appearance or efficiency of a road. Under the Industrial 1 Zone, signage categories within this zone are detailed as Category 2 pursuant to Clause 52.05. Accordingly, for business identification signage in excess of 8sqm, a planning permit is required. As detailed within the accompanying architectural plans prepared by Jacobs, one business identification sign is proposed on the north elevation of building one. Accordingly, no planning permit is required for the business identification sign less than the requirements listed above pursuant to Clause 52.05 of the Planning SchemE. Clause 52.06 Car Parking Clause 52.06 outlines the statutory car parking requirements which apply to particular land uses. Pursuant to Clause 52.06 of the Hobsons Bay Planning Scheme, the relevant Car Parking objectives include: • To ensure the provision of an appropriate number of car parking spaces having regard to the demand likely to be generated, the activities on the land and the nature of the locality. • To support sustainable transport alternatives to the motor car. • To promote the efficient use of car parking spaces through the consolidation of car parking facilities. • To ensure that car parking does not adversely affect the amenity of the locality. • To ensure that the design and location of car parking is of a high standard, creates a safe environment for users and enables easy and efficient use. Pursuant to Clause 52.06-06 of the Hobsons Bay Planning Scheme, utility installation (data centre) is not a land use specified in Table 1 of Clause 52.06-05. As such, before a new use commences, car parking spaces must be provided to the satisfaction of the responsible authority. The Project provides a total of 110 car parking spaces. It is considered that the proposed parking provisions are sufficient to accommodate expected staff and visitor numbers for the operation of the data centre, having regard to the existing facilities and anticipated number of employees/visitors required on the Site. Clause 52.29 – Land Adjacent to the Principal Road Network This clause applies to land adjacent to a road (Francis Street) in the Transport Zone 2 (TRZ2). The purpose of Clause 52.29 is as follows: • To ensure appropriate access to the Principal Road Network or land planned to form part of the Principal Road Network. • To ensure appropriate subdivision of land adjacent to Principal Road Network or land planned to form part of the Principal Road Network. Pursuant to Clause 52.29-2, a permit is required to create or alter access to a road in a Transport Zone 2. Pursuant to Clause 52.29-4, an application must be referred under section 55 of the Act to the person or body specified as the referral authority in clause 66.03. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 24 ===== Pursuant to Clause 52.29-5, an application is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act. Clause 53.10 – Uses and Activities with Potential Adverse Amenity Impacts The purpose of Clause 53.10 of the Hobsons Bay Planning Scheme is to identify those types of uses and activities, which if not appropriately designed and located, may cause offence or unacceptable risk to the neighbourhood. Clause 53.10-1 outlines the acceptable threshold distance from any part of the land of the proposed use or buildings and works to land (not a road) in a residential zone, Capital City Zone or Docklands Zone, land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre. Pursuant to Clause 53.10-1, an application to use land for an industry, utility installation or warehouse for a purpose listed in the table to this clause must be referred to the Environment Protection Authority under section 55 of the Act if the threshold distance is not to be met or no threshold distance is specified. The relevant types of use or activity listed in Table 1 to Clause 53.10-1 are as follows: Type of use or activity (purpose) Threshold distance (metres) Storage of petroleum products and crude oil in tanks exceeding 2,000 tonnes capacity: with fixed roofs 300 with floating roofs 100 It is noted that the title boundary of the Site and broader site is located within 300 metres of residential dwellings to the west. As such, it is considered that the proposed fuel storage tanks exceed the threshold distance outlined above. Therefore, the application is required to be referred to the Environmental Protection Authority (‘EPA’) pursuant to Section 55 of the Act to consider the impact of the proposal on the surrounding residential land use. Clause 53.18 – Stormwater Management in Urban Development The purpose of Clause 53.18 is to ensure that stormwater in urban development, including retention and reuse, is managed to mitigate the impacts of stormwater on the environment, property and public safety, and to provide cooling, local habitat and amenity benefits. Pursuant to Clause 53.18, an application to construct a building or construct or carry out works: • Must meet all of the objectives of Clauses 53.18-5 and 53.18-6. • Should meet all of the standards of Clauses 53.18-5 and 53.18-6. A Stormwater Management Plan for the Project has been prepared by Jacobs to address the onsite detention requirements to be included within the Project. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 25 ===== Clause 53.22 – Significant Economic Development The purpose of Clause 53.22 is to: • To prioritise and facilitate the planning, assessment and delivery of projects that will make a significant contribution to Victoria’s economy and provide substantial public benefit, including jobs for Victorians. • To provide for efficient and effective use of land and facilitate use and development with high quality urban design, architecture and landscape architecture. The provisions of Clause 53.22 prevail over any inconsistent provision in the planning scheme. Under this provision the responsible authority is the Minister for Planning. In accordance with Table 1 to Clause 53.22-1, data centre is a specified land use listed in Table 2, with the condition that the estimated cost of development must be at least $20 million if any part of the land is in Metropolitan Melbourne. The estimated development cost of the Project is $935,411,000. The Project, therefore, meets the use and conditional requirements for Category 1 under Clause 53.22-1, and is assessable via the Development Facilitation Program (DFP). Pursuant to Clause 53.22-2, the responsible authority may waive or vary any of the following: • Any building height or setback requirement. • Any application requirement in this planning scheme if in the opinion of the responsible authority the requirement is not relevant to the assessment of the application. In addition to other application requirements required under the planning scheme, the following must accompany an application under Clause 53.22: • A quantity surveyor report prepared by a suitably qualified person specifying the estimated cost of the development. For a development that includes more than one use, the report should specify the estimated cost of development for each use. • Written advice of the Chief Executive Officer, Invest Victoria. The following must be considered in addition to other applicable decision guidelines within the planning scheme: • The purpose of the clause. • The views of the Office of the Victorian Government Architect. It is understood through early engagement with the Development Facilitation Program that the views of the OVGA are not required for this application. Clause 66.02 – Use and Development Referrals Pursuant to Clause 66.02-7 (Industry, utility installation or warehouse), the Victorian WorkCover Authority is a determining authority for the kind of application to use land for an industry, utility installation or warehouse if any of the following apply: ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 26 ===== • A fire protection quantity is exceeded under the Dangerous Goods (Storage and Handling) Regulations 2022. • A notification is required under the Occupational Health and Safety Regulations 2017. • A licence is required under the Dangerous Goods (Explosives) Regulations 2011. • A licence is required under Dangerous Goods (HCDG) Regulations 2016 and the use is not associated with agriculture. The generators will be supplied with diesel from four on-site fuel storage compounds, comprising circa 3.2 megalitres (3,500 to 4,000 metric tonnes) of total fuel storage capacity. Each of the four separate storage compounds has a cluster of eight 100 kilolitres vertical aboveground tanks. This provision exceeds the fire protection quantity threshold, the application must be referred to the Victorian WorkCover Authority pursuant to Clause 66.02-7. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 27 ===== 6 Planning Permit Requirements 6.1 Permit Triggers Clause 33.01-1 Use of the land for the purpose of utility installation (data centre) in the Industrial 1 Zone Clause 33.01-4 Construct a building or construct or carry out works in the Industrial 2 Zone Clause 44.05-2 Construct a building or to construct or carry out works in the Special Building Overlay Clause 52.29-2 Create or alter access to a road in a Transport Zone 2. 6.2 Referrals Pursuant to Clause 44.05-6 (Special Building Overlay), an application must be referred to the relevant floodplain management authority under Section 55 of the Act. Pursuant to Clause 52.29-4 (Land Adjacent to the Principal Road Network), an application must be referred under section 55 of the Act to the person or body specified as the referral authority in clause 66.03. Pursuant to Clause 53.10-1 (Uses and Activities with Potential Adverse Amenity Impacts), an application to use land for an industry, utility installation or warehouse for a purpose listed in the table to this clause must be referred to the Environment Protection Authority under section 55 of the Act if the threshold distance is not to be met or no threshold distance is specified. Pursuant to Clause 66.02-7 (Use and Development Referrals), an application to use land for an industry, utility installation or warehouse where a fire protection quantity is exceeded under the Dangerous Goods (Storage and Handling) Regulations 2022 must be referred to the Victorian WorkCover Authority. 6.3 Notice and Review Pursuant to Clause 33.01-4 (Industrial 1 Zone), an application for buildings and works is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act. This exemption does not apply to an application for a building or works within 30 metres of land which is in a residential zone or land used for a hospital or an education centre or land in a Public Acquisition Overlay to be acquired for a hospital or an education centre. It is noted that the title boundary of the Site and its broader site is located within 30 metres which is a residential zone or used for other sensitive purposes. The planning unit referred to as stage 1 within the accompanying architectural plans is currently the subject of a subdivision application for this to be an individually titled lot and separated from residentially zoned by more than the required 30 metres. Accordingly, as detailed under Section 5.1 above, it is submitted that the application should be exempt from notice. Pursuant to Clause 44.05-5 (Special Building Overlay), an application under this overlay is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requirements of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 28 ===== Pursuant to Clause 52.29-5 (Land Adjacent to the Principal Road Network), an application is exempt from the notice requirements of section 52(1)(a), (b) and (d), the decision requireme nts of section 64(1), (2) and (3) and the review rights of section 82(1) of the Act. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 29 ===== 7 Relevant Planning Policy 7.1 Plan for Victoria Plan for Victoria (2025) is the Victorian Government’s updated long-term planning strategy, building on Plan Melbourne (2017) and extending its strategic vision statewide through to 2051. It provides an integrated framework to guide growth, land use, infrastructure, and environmental outcomes across both metropolitan and regional areas. Plan for Victoria promotes building a state that provides choices and opportunities for current and future generations of Victorians in quality housing, transport, employment, environment and connectivity will require input from the community, government, local businesses and industry alike. Key objectives include: • Supporting population growth through job creation, regional development, and more equitable access to housing, infrastructure and services; • Integrating land use with transport, climate, energy and environmental planning to create sustainable, resilient communities; • Guiding infrastructure investment to reinforce economic productivity, reduce greenhouse gas emissions, and improve environmental outcomes; • Strengthening the role of employment precincts by ensuring industrial and commercial land is well-utilised and development-ready. The Project aligns with the strategic directions of Plan for Victoria by redeveloping underutilised state significant industrial land for critical infrastructure. More details are included in Section 8 (Assessment) of this report. 7.2 Municipal Planning Strategy The Municipal Planning Strategy (MPS) at Clause 02 identifies the municipality of having potential for economic development due to its proximity to Melbourne’s CBD and accessibility to ports and airports. The municipality is generally bounded by the Westgate Freeway/Princes Highway to the north and south and is traversed east – west by the national freight rail line. The state significant industrial land at the western end of the municipality is particularly well-placed to take advantage of this existing infrastructure. Clause 02.03-5 (Built environment and heritage) of the MPS identifies the following design objectives for industrial areas: • Achieve building and urban design outcomes that contribute positively to the local context and enhance the public realm, including in industrial areas. • Improve the amenity, design, safety and environmental performance of industrial areas. Further, Clause 02.03-5 identifies that Council seeks to incorporate environmentally sustainable design elements at the time of planning approval to assist in achieving environmentally sustainable development. This approach seeks to: • Improve outcomes that may otherwise be compromised if these matters are only considered as part of a building approval. • Reduce difficulties or extra costs associated with retro-fitting the development. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 30 ===== Regarding industrial development, Clause 02.03-7 (Economic development) of the MPS identifies that the municipality has extensive areas identified as state significant industrial land in the Western Region. The municipality will continue to attract both large and small scale industries to the area, further enhancing Hobsons Bay’s commercial diversity. Council seeks to support the continued operation of industry by: • Protecting the vital role of the Western Industrial Precinct in attracting and developing industry in the region and encouraging employment growth. • Attracting and retaining industries that contribute towards a greater diversity of economic activity. • Guiding the future role and function of each industrial precinct. • Protecting National and State significant industries from the encroachment of residential and other sensitive uses. • Supporting industrial development that achieves a positive impact on the visual and environmental amenity of the municipality and mitigates potential of noise, air, water and land pollution associated with industrial land uses. 7.3 Planning Policy Framework The Planning Policy Framework (PPF) seeks to ensure that the objectives of planning in Victoria (as set out in Section 4 of the Planning and Environment Act 1987) are fostered through appropriate land use and development policies and practices. It informs the preparation and implementation of local planning policy objectives and the introduction of zone and overlay controls, and seeks to integrate relevant environmental, cultural, social and economic factors in the interest of net community benefit and sustainable development. Those clauses most relevant to the Project include: SE T T LE ME NT To facilitate the sustainable growth and development Clause 11.01-1S Settlement of Victoria and deliver choice and opportunity for all Victorians through a network of settlements. Clause 11.02-1S Development capacity To facilitate the sustainable growth and development E NVI RONME NT AL RI SKS AND AME NI T Y To assist the management of noise effects on sensitive Clause 13.05-1S Noise management land uses To safeguard community amenity while facilitating Clause 13.06-1S Air Quality Management appropriate commercial, industrial or other uses with potential off-site effects. To protect community amenity, human health and safety while facilitating appropriate commercial, Clause 13.07-1S Land use compatibility industrial, infrastructure or other uses with potential adverse off-site impacts. BUI LT E NVI RONME NT AND HE RI T AG E To create urban environments that are safe, healthy, Clause 15.01-1S Urban design functional and enjoyable ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 31 ===== Increase landscape canopy cover to mitigate climate change and enhance the visual appearance and Clause 15.01-1L-02 Landscape design and canopy tree cover amenity of front setbacks, carparks and other elements that interface with the public realm. To achieve building design and siting outcomes that Clause 15.01-2S Building design contribute positively to the local context. To improve the amenity, design, safety and Clause 15.01-2L-03 Industrial building design environmental performance of industrial areas. This policy applies to residential and non-residential development, excluding subdivision, in accordance Environmentally sustainable with the thresholds detailed in this policy. To achieve Clause 15.01-2L-04 development best practice in environmentally sustainable development from the design stage through to construction and operation. E CONOMI C DE VE LOPME NT Clause 17.01-1S Diversified economy To strengthen and diversify the economy. To create opportunities for innovation and the Clause 17.01-2S Innovation and research knowledge economy within existing and emerging industries, research and education. Clause 17.03-1S Industrial land supply To ensure availability of land for industry. Support the growth, development and expansion of industrial enterprises in significant industrial land, as shown on the Strategic Framework Plan in Clause Clause 17.03-1L Industrial land supply 02.04. Ensure that land use and development in the vicinity of significant industrial land does not adversely affect the viability of established industry within the area. Clause 17.03-2S Sustainable industry To facilitate the sustainable operation of industry. Avoid locating industries with significant off-site Clause 17.03-2L Sustainable industry impacts near residential areas, activity centres or sensitive uses. Clause 17.03-3S Significant industrial land To protect significant industrial land. I NFRAST R CUT URE To sustainably manage water supply and demand, water resources, wastewater, drainage and Clause 19.03-3S Integrated water management stormwater through an integrated water management approach. Discourage land use and development that generate Clause 19.03-3L Integrated water management significant adverse impacts on local waterways and the local drainage system capacity. The above-mentioned policies and objectives relate to the general provisions of the Planning Scheme and are relevant to the Project generally. The principles of land use and development have been considered, and the Project meets the strategic directions outlined in the PPF. Below isolates clauses from the above list which most align with the Project. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 32 ===== Clause 15.01-1L-02 – Landscaping This policy has the following key strategies relevant to this Project: • Increase landscape canopy cover to mitigate climate change and enhance the visual appearance and amenity of front setbacks, carparks and other elements that interface with the public realm. • Provide landscaping that: o Introduces a wider range of species, particularly trees to promote climate, pest and disease resilience. o Uses indigenous vegetation in natural areas. o Minimises the need for watering and maintenance. o Integrates with all existing planting. • Support the use of species that provide shade in summer and natural light to the built form in winter. • Support locating all service infrastructure underground to maximise the opportunity to retain and plant canopy trees. The Project includes various forms of small canopy trees, shrubs and ground covers spread within the front setback to Francis Street to bolster the existing retained vegetation. Additional landscaping is provided throughout the internal areas of the Site providing an improvement upon the existing conditions. Clause 15.01-2L-03 – Industrial building design This policy applies to all land in the Industrial 1 Zone, Industrial 3 Zone, Mixed Use Zone and Special use Zone Schedules. This policy has the following strategies relevant to the Project: • Design developments (including through materiality, mass, site orientation and landscaping) to enhance the character and visual amenity of the area, reduce energy use and optimise natural ventilation, daylight and solar access. • Design and operate industries sharing an interface with residential areas to preserve the amenity of existing residential areas and mitigate any potential negative amenity impacts. • Support industrial development that implements clean production techniques, water reuse programs and energy efficient designs. • Ensure all external storage of goods and materials, refuse collection areas and garbage skips are fully screened from public view. • Provide quality landscaping design within industrial areas, particularly within frontage and side setbacks to the street, in outdoor car parking areas and where appropriate, along rear and side boundaries. • Integrate landscaping buffers within industrial development adjoining public open spaces and watercourses to ensure the environmental assets of the area are protected and enhanced. This policy referenced the Hobsons Bay Industrial Land Management Strategy (Hobsons Bay City Council, June 2008) Hobsons Bay Industrial Development Design Guidelines (Hobsons Bay City Council, June 2008). Specific industrial design parameters are discussed in detail at Section 7.5 below. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 33 ===== Clause 15.01-2L-04 – Environmentally sustainable development This policy applies to residential and non-residential development, excluding subdivision, in accordance with the thresholds detailed in this policy. This policy provides a list of strategies for development regarding: • Energy performance • Integrated water management • Indoor environment quality • Transport • Waste management • Urban ecology Further, for non-residential building with a gross floor area of more than 2000 square metres, a Sustainability Management Plan (including an assessment using BESS/Green star, STORM/MUSIC or other methods) and a Green Travel Plan should be provided. A Sustainability Management Plan has been prepared by Jacobs and Green Travel Plan prepared by Traffix Group Pty ltd detailing the initiatives to be included in the Project. Clause 17.03-1L – Industrial land supply This policy outlines the following strategy relevant to the Project: • Support the growth, development and expansion of industrial enterprises in significant industrial land, as shown on the Strategic Framework Plan in Clause 02.04. • Ensure that land use and development in the vicinity of significant industrial land does not adversely affect the viability of established industry within the area. The Project seeks to maintain and promote the industrial use of the land. The Project is replacing existing industrial buildings that are past their useful life expectancy with a highly technical and modern facility that underpins the digital economy. Clause 17.03-2L – Sustainable industry This policy outlines the following strategy relevant to the Project: • Avoid locating industries with significant off-site impacts near residential areas, activity centres or sensitive uses. • Support light industrial development as buffer between residential and heavier industrial areas. The Site is located within the Industrial 1 Zone and existing industrial precinct of Brooklyn. The Project is not expected to result in any unreasonable off-site amenity impacts to the surrounding established industrial precinct. Details of acoustic attenuation measures on hazard risk assessments are included in the Preliminary Risks and Hazard Assessment prepared by Jacobs. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 34 ===== Clause 19.03-3L – Integrated water management This policy outlines the following strategy relevant to the Project: • Discourage land use and development that generate significant adverse impacts on local waterways and the local drainage system capacity. • Encourage the development of new urban areas and green spaces to take advantage of any opportunities for effluent recycling. • Support the use of treatment methods such as wetlands and litter traps for the control of urban runoff. An assessment against the aforementioned policy is provided within Section 8 of the planning report below and in conjunction with the relevant supporting consultant reports. 7.4 Melbourne Industrial and Commercial Land Use Plan (MICLUP) The Melbourne Industrial and Commercial Land Use Plan 2020 (MICLUP) builds on the relevant policies of Plan Melbourne 2050 and provides an overview of current future needs of industrial and commercial land across Metropolitan Melbourne. MICLUP puts in place a planning framework to support state and local government to plan more effectively for future employment needs and better inform future strategic directions. Within the MICLUP the Site is identified as existing local industrial land within the Western Region. Subject Site Figure 11 | Industrial Land in Western Region ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 35 ===== 7.5 Hobsons Bay Industrial Land Management Strategy (ILMS, June 2008) Industrial land use and development in Hobsons Bay is guided by the Hobsons Bay Industrial Land Management Strategy (ILMS, June 2008) and Industrial Design Guidelines 2008 (IDG 2008). It is noted that Council is in the process of developing a Draft Industrial Land Management Strategy and Design Guidelines (2023 – 2038). However, as the adoption of the draft strategy remains unclear, planning applications continue to be guided by the ILMS and IDG 2008. Subject Site Figure 12 | Map of Core and Secondary Industrial Areas and Strategic Redevelopment Areas With reference to Hobsons Bay’s ILMS, the Site is identified to be within the Secondary Industrial Area, Precinct 14. A summary fo the design guidelines relevant to the Project are summarised below: • A front building setback of 20 metres is required to the Francis Street frontage; • Within the setback distance, 9 metres is required to include landscaping; • Where car parking is a prominent feature of the Site’s frontage, it should be located behind substantial landscaping areas; • Under croft car parking is not desired and office windows should overlook parking areas to ensure passive surveillance; • All vehicles must be able to enter and exit the Site in a forward direction; • Loading and service areas should be located away from residential interfaces; • Landscaping should be reflected of the scale and form of new buildings and incorporated within parking areas; ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 36 ===== • Lighting should be appropriately baffled to residential areas; • Fencing to the Site frontages should be transparent and not detract from the streetscape appearance; and • Appropriate integration of sustainable design initiatives. The Project has been designed with the design guidelines in mind and incorporated into the Project design response, detailed in Section 8.4 below. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 37 ===== 8 Planning Assessment A consideration of the planning merits of the Project and how it responds to relevant policies and planning provisions in relation to the Project have been assessed below. The assessment addresses the Project against the following points: • Significant Economic Development; • Relevant Planning Policies; • Land Use; • Built Form (Hobsons Bay Industrial Land Management Strategy (ILMS) and Industrial Design Guidelines 2008); • Vegetation Removal and Landscaping; • Traffic, Access and Car Parking; • Environmentally Sustainable Development; and • Stormwater Management. 8.1 Significant Economic Development The Project has an estimated development cost of $935,411,000, therefore meeting the requirements of Clause 53.22-1. The Project is well suited to this approval pathway, given that data centres play a pivotal role in enhancing local communities by creating job opportunities and enabling the storage of data by all business types, especially high- tech and the knowledge economy. To the outside, data centres appear to run with a small number of onsite employees. However, they require highly skilled workers from security, plant experts and skilled consultants to provide ongoing services to operate and maintain data centres. It is estimated that employees will work over various shifts with this expected to be circa 50 employees during the day and 13-25 employees during the night at any one time. Data centres’ economic contribution further extends to utility payments, as well as local procurement of goods and services. Data centres support the local market by attracting businesses that offer services and support to the technology industry, such as hardware suppliers, software developers and IT consulting firms. Further, data centres improve the speed and responsiveness of online services, reducing latency for users in the area, particularly for applications requiring real-time interactions. They also promote suitable practices, encouraging innovation in green technologies and eco-friendly solutions for computing infrastructure. Australia has one of the highest internet penetration rates globally, similar to that of Canada and the USA. Consequently, there is a huge appetite for data and storage. A positive regulatory framework in Australia has supported data centre investment. Planning frameworks and permissibility are key enablers of attracting investment to meet the rapid growth in demand from cloud gaming and the metaverse, which requires high-performance data centres. The Project will support Melbourne to become a destination for 'hyperscale' data centres, which typically exceed 5,000 services and house a computer system capable of scaling at magnitude to meet demand. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 38 ===== Please refer to subsequent sections below which speak to the compliance of the relevant decision guidelines. 8.2 Relevant Planning Policies Within the Municipal Planning Strategy (MPS), Planning Policy Framework (PPF), Plan for Victoria, Melbourne Industrial and Commercial Land Use Plan (MICLUP) and Hobsons Bay Industrial Land Management Strategy (ILMS) and Design Guidelines 2008, key themes emerge in relation to the strategic directions and policy objectives. The Project responds to these themes by: • The Project seeks to provide critical infrastructure to enhance economic productivity and innovation, facilitating long term investments and economic development that meet the current and future needs of Victoria. This is encouraged through the objectives of Clause 02.03-7 (Economic development) of the MPS and Clause 17 (Economic Development) of the PPF, as well as the objectives of Plan for Victoria, MICLUP and Hobsons Bay ILMS. • Redeveloping under-utilised existing state significant industrial land, strengthening the role of Brooklyn industrial area as a preferred industrial and employment precinct. This responds to particularly Clause 02.03-7 (Economic development) of the MPS and Clause 17.03-1L (Industrial land supply) of the PPF by strengthening the role of the Site within the established industrial area of Brooklyn. This is achieved through development that seeks to continue employment generating uses of a different kind to that within the immediate surrounds of the Site. • The Project is not anticipated to result in any unreasonable off-site amenity impacts while facilitating a data centre development that responds to the emerging needs of the broader community. The overall design of the data centre buildings has kept sustainability at the forefront of design, with no water cooling methods proposed. Accordingly, the Project responds to various policies of the PPF, including Clause 17.03-1S and Clause 17.03-1L (Industrial land supply), as well as Clause 17.03-2S (Sustainable industry). The Project also responds to policies of the MSP, namely Clause 02.03-5. • The Project provides an improved landscaping outcome to Francis Street through extended planting within the front setback and scattered throughout the Site. This reiterates the objective of Clause 15.01-1L-02 (Landscaping) of the PPF, which aims at improving the amenity of front setbacks, carparks and other elements that interface with the public realm. • The Project has incorporated sustainable design and water sensitive urban design initiatives, that responds to Clause 15.01-2L-01 (Environmentally sustainable development) and Clause 19.03-3L (Integrated water management) of the PPF. Further details on the ESD initiatives are provided at section 8.7 below. Regarding detail responses to Clause 15.01-2L-03 (Industrial building design), particularly the Hobsons Bay ILMS and Design Guidelines 2008, please refer to Section 8.4 below. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 39 ===== 8.3 Land Use The proposed land use as a utility installation (data centre) is considered appropriate in the context of the Industrial 1 Zone (IN1Z). Specifically, the Project responds to the purpose of the IN1Z and its land use decision guidelines by: • Providing an industrial land use in a manner that minimises off-site impacts, including safety and amenity impacts, by providing sufficient separate distance to local communities. • Providing an industrial land use that is consistent with surrounding land uses, including utility installation and sub-stations, limiting the effects nearby industries may have on the proposed data centre land use. • Providing sufficient service connections, including electricity and water, for the land to support the Project and operations. The data centre will operate 24 hours a day 7 days a week with a maximum of circa 50 employees onsite during daytime shifts and 13-25 employees during other shifts. Depending on consumer demand, the development expects 20 – 100 visitors each day. This operational arrangement is considered appropriate given the Site has sufficient separation from the residential areas to the west. Similarly, the number of vehicle movements is less than the existing conditions on the Site, resulting in no further demand on the surrounding road network. As a result, the operation of the data centre will not result in any unreasonable off-site amenity impacts to the surrounding established industrial precinct. Please refer to the Acoustic Assessment, Preliminary Risk and Hazards Assessment prepared by Jacobs for details on the appropriateness of the Project. Further details on the appropriateness of the proposed car parking is detailed in section 8.6 below. 8.4 Built Form The built form design of the Site, including setbacks and landscaping, is guided by the Hobsons Bay Industrial Land Management Strategy (ILMS) and Industrial Design Guidelines 2008 (IDG 2008). With reference to Hobsons Bay’s ILMS, the Site is identified to be within the precinct known as Secondary Industrial Area. The Project is consistent with the ILMS overarching objectives including by appropriately locating industry that will stimulate employment opportunities and by providing a warehouse facility that provides high amenity both onsite and offsite and attains high sustainability standards. The Project supports the role of the Millers Road, Brooklyn Precinct as a secondary industrial area by providing an improved and modern industrial outcome for the established area. It is submitted the off-site amenity considerations have been addressed and are respectful to the surrounding residential areas. The Project has similarly been considered in the context of the relevant urban design elements contained in the IDG 2008 as discussed below: ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 40 ===== Guideline Response 3.1A Building Setback Requirement Site Layout & Built • The Project provides a circa 20-metre setback to the water tanks for fire fighting Form purposes and a circa 55-metre building setback to Francis Street. This far exceeds the 20-metre building setback requirement to Francis Street and provides a significant contribution to the landscape setting along Francis Street. • The frontage to Export Drive will be reserved for landscaping, aside from a vehicular crossover and internal driveway. This satisfies the 4.5-metre building setback requirement for frontages to other roads. Landscaping Setback Requirement • The circa 20-metre front setback along Francis Street is to be fully landscaped. This satisfies the 9-metre landscaping setback requirement for frontages to Francis Street. The Project provides a circa minimum 20 metre landscaped setback from Francis Street far exceeding the requirements of the ILMS. • Similarly, no buildings are proposed on the Export Drive frontage, exceeding the 4.5 metre landscape requirement. It is therefore considered that the site layout and proposed built form is compliant with the desired outcome for Precinct 14, within which the Site is located. Please refer to the Architectural Plans prepared by Jacobs for further details. 3.1B Circa 55 parking spaces are afforded to each data centre building, with 110 spaces provided in total. The car parking requirement for the Site has derived from the Traffic & Car anticipated operating requirements from previous data centre buildings. Parking Car parking spaces have been located at the frontage of each of the buildings to ensure safe and convenient access to the data centre buildings. All parking areas will be integrated with appropriate landscaping to ensure an attractive parking area is achieved when viewed from Francis Street and internally to the Site. Please refer to Section 8.6 below for more traffic and car parking details. 3.1 C The access to the Site is proposed to be consolidated via two crossovers to Francis Street, with one crossover to Export Drive for substation access only. The proposed vehicle Site Access access is therefore considered appropriate for the Project. 3.1D Loading bays are proposed to be located at the rear of the admin buildings to ensure passive surveillance to Francis Street is maintained. Accordingly, the loading bays will not Loading & Service detract from the streetscape. Areas 3.1E The proposed vehicle access from Francis Street for heavy vehicles will continue to operate in accordance with the existing conditions of the Site by utilising the principle Road Network freight network. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 41 ===== 3.1F Landscaping has been included within the front setback of the Site fronting Francis Street and Export Drive. The landscaping setbacks are designed to provide a sensible balance Landscaping between grassed and garden areas while enhancing the appearance and amenity of the Site and public areas in accordance with the urban design guidelines. The nominated landscaping areas will include canopy tree planting to enhance the visual presentation and reduce visual bulk to the street. In addition, the Project incorporates additional landscaping areas internally to the Site and particularly around the data centre buildings, car parking areas and at the frontage of the offices to provide a high level of amenity for future employees and visitors. Accordingly, the Projects landscape response provides a vast improvement upon the existing conditions of the Site and improves the landscape character of the existing broader industrial area along Francis Street. Please refer to the Landscape Plan prepared by Jacobs and the Arboricultural Report prepared by Homewood Consulting Pty Ltd for further details. 3.1G The generators will be supplied with diesel from four on-site fuel storage compounds, comprising circa 3.2 megalitres (3,500 to 4,000 metric tonnes) of total fuel storage Storage capacity. Each of the four separate storage compounds has a cluster of eight 100 kilolitres vertical aboveground tanks. It is considered the amount of fuel and water to be stored onsite are sufficient for power generation purpose. The Project also includes two on-site water storage tanks for fire safety purposes. The fuel tanks are oriented away from the frontage of the Site, allowing for efficient distribution of fuel while minimising amenity impacts and impacts to the streetscape presentation. 3.1H Container storage does not form part of this application. Container Storage 3.1I A Waste Management Plan (‘WMP’) has been prepared by Jacobs. The WMP provides details on waste collection, vehicle access, as well as continuous monitoring mechanisms Waste to be implemented during its operation, to ensure appropriate waste management on- site. 3.1J The lighting proposed on-site is typical of industrial developments and designed to assist in the operations of the business without causing impact to adjoining properties or road. Lighting Specifically, lighting will be directed and baffled and will not produce any unnecessary light spill to the road network. 3.1K A 2.4-3 metre tall security fence will be provided to ensure the security requirements of the data centre are met. It will also allowing for permeability and passive surveillance to Fencing the street. Please refer to the Architectural Plans prepared by Jacobs for further details. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 42 ===== 4.1A Please refer to Section 8.8 below and the Stormwater Management Plan prepared by Jacobs for further details. Water Sensitive Urban Design 4.1B Please refer to the Sustainability Management Plan prepared by Jacobs for further details. Energy Efficient Urban Design 4.1C A data centre has specific material requirements to ensure a variety of needs are meet, including security and cooling efficiencies. Accordingly, the materials form part of the Sustainable functional requirements of the Project. Building Materials Please refer to the Sustainability Management Plan prepared by Jacobs for further details. 8.5 Vegetation Removal and Landscaping Vegetation Removal As discussed in Section 4.3 of this report, a total of 99 trees will be impacted by the Project and require removal. It is noted the removal of these trees are in accordance with approved tree removal under existing Planning Permit PA230986. The Arborist Report prepared by Homewood Consulting details that all trees currently on Site are all planted and no remnant vegetation exists on Site. Accordingly, no planning permit is required pursuant Clause 52.17 of the Planning Scheme. Please refer to the Arborist Report prepared by Homewood Consulting and the Architectural Plans prepared by Jacobs for further details. The extent of tree removal seeks to maintain a similar level of tree retention along the Francis Street frontage of the site, where the highest retention value trees are located. Planted vegetation of lower retention value within the site is proposed to be removed in addition to that previously approved under Planning Permit PA230986. The extent of additional tree removal is considered appropriate when having regard to the location of tree removal around the perimeter of the site and the proposed replacement tree planting providing additional small canopy trees and shrubs throughout the site beyond what currently exists. Landscaping As discussed in Section 8.3 above, landscaping setbacks are designed to provide a sensible balance between grassed and garden areas while enhancing the appearance and amenity of the Site and public areas in accordance with the Hobsons Bay ILMS and Design Guidelines. The nominated landscaping areas will include canopy tree planting to enhance the visual presentation and reduce visual bulk to the street. In addition, the Project incorporates additional trees and landscaping areas internally to the Site and particularly around the data centre buildings, car parking areas and at the frontage of the offices to provide a high level of amenity for future employees and visitors. Accordingly, the Project’s landscape response provides a vast improvement upon the existing conditions of the Site and improves the landscape character of the existing broader industrial area along Francis Street. Please refer to the ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 43 ===== Landscape Plan prepared by Jacobs for further details. 8.6 Car Parking and Access Traffic The Project is expected to generate slightly higher traffic volumes during peak periods, with an increase of approximately 19 vehicles per hour in the AM peak and 23 in the PM peak, compared to the existing logistics centre. The projected increase in peak hour traffic associated with the Project is modest and is expected to be accommodated within the existing capacity of the surrounding road network. Most notably, the Project will considerably reduce the number of heavy vehicle once the site is operational, reducing the number of trucks on the on the immediate road network. On this basis, it is unlikely that any road or access upgrades will be required, and the overall traffic impact of the Project is considered minimal as detailed within the accompanying Traffic Impact Assessment prepared by Jacobs. Access The Site’s three existing vehicle crossovers along Francis Street will be consolidated into two crossovers, to be located at the northeastern corner of the Site. The two crossovers will together facilitate a left-in, left-out movement for vehicles and are considered to be a better, more efficient access and traffic arrangement for the Site. Further, the Project will construct a new vehicle crossover fronting Export Drive, connected with an internal driveway to the data halls. This new vehicle crossover is to facilitate access for service vehicles and is considered an efficient way of managing service to the Site. Access to the Site will be via the established road networks which are designed to accommodate traffic capacities of such industrial uses. Given that the projected change in overall traffic volumes is less than the existing operation, it is expected that the Site access arrangements will provide an improved outcome compared to the existing logistics centre. On this basis, we consider that the proposed access location off Francis Street to be appropriate. Car Parking The Project provides a total of 110 car parking spaces across the Site, 55 spaces for each of the two data centre buildings. Accordingly, it is considered that the car parking provision is sufficient to accommodate on-Site staff and visitors to the data centre. Further details on the appropriateness of the car parking provisions are detailed within the Traffic Impact Assessment prepared by Jacobs. Loading Arrangements Operational loading is anticipated to be serviced by 19‑metre trucks, consistent with standard freight vehicle dimensions. Delivery and installation of substation equipment may require the use of larger vehicles (40–48 metres long and up to 4.5 metres wide). ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 44 ===== These movements are limited to the construction phase only and have not been considered for the operation of the data centre. It is considered that current loading and access arrangements are appropriate to accommodate the Project with swept paths confirming the suitability of the accessway and car parking requirements in accordance with the requirements of Clause 52.06 of the Planning Scheme. Further, the loading bays are located at the rear entrance of the admin blocks and hidden from public views. This design is considered to be safe and convenient for the operation of the data centre, and will not disrupt the flow of traffic on public roads. Please refer to the attached Preliminary Traffic Assessment prepared by Jacobs for further details. 8.7 Environmentally Sustainable Development The core sustainability initiatives for the Project focuses on water conservation and reducing potable water use, improving operational energy efficiency, and improving operational resilience. These are applied strategically on two contexts: site-wide measures driving major environmental outcomes associated with data halls and associated facilities and critical cooling infrastructure, while administration-building focused initiatives address occupant comfort, indoor environment quality, and conventional building performance standards additionally. This separation ensures that sustainability outcomes are maximised where resource constraints are highest, while allowing compliance pathways and design strategies to remain appropriate and efficient for each distinct functional area of development. The Project has made significant investment to ensure that no reticulated potable water is to be used for the purpose of cooling the data centre. Instead, the Project has invested in the use of electric cooling methods to ensure a sustainable water usage is achieved. Similarly, sustainability initiatives are implemented into the Project to align with principles and objectives of industry leading certifications such as LEED v5 Building Design & Construction and Green Star Buildings v1.1 where practically feasible. With a 53% BESS score, the administrative buildings achieve a Best Practice outcome. Please refer to the Sustainability Management Plan prepared by Jacobs for further details on the initiatives to be integrated into the Project. 8.8 Stormwater Management The proposed stormwater infrastructure will connect into the new internal gravity drainage network across the Site, discharging toward the existing Legal Point of Discharge at the northeastern corner. Given that the post-development roof and hardstand areas are less than the pre-development condition, no increase in stormwater flows is expected from the Site. As a result, on-site detention is not required for flow attenuation. Water Sensitive Urban Design measures have been incorporated throughout the Site to ensure compliance with the Best Practice Environmental Management Guidelines. These include bioretention systems, grassed swales, and 15,000-litre rainwater tanks for each building. Further details on the appropriateness of the stormwater response and MUSIC modelling are provided within the Stormwater Management Plan prepared by Jacobs. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au ===== PAGE 45 ===== 9 Conclusion This report has been prepared by proUrban in support of the planning permit application, facilitated by the provisions of Clause 53.22 Significant Economic Development, for the proposed utility installation (data centre) development at 413 Francis Street, Brooklyn. A planning permit is sought pursuant to the following permit triggers: Clause 33.01-1 Use of the land for the purpose of utility installation (data centre) in the Industrial 1 Zone Clause 33.01-4 Construct a building or construct or carry out works in the Industrial 1 Zone Clause 44.05-2 Construct a building or to construct or carry out works in the Special Building Overlay Clause 52.29-2 Create or alter access to a road in a Transport Zone 2. Each of the relevant planning permit triggers has been appropriately addressed within the planning report. The proposed use of the land for the purpose of utility installation (data centre) is considered appropriate to the objectives of various local and state policies on industrial land uses, the purpose and decision guidelines of the Industrial 1 Zone, as well as the surrounding land uses within the Brooklyn industrial area. Further, the Project presents a built form that complies with the Hobsons Bay Industrial Land Management Strategy and relevant design guidelines. It is also contextually complementary to the current and emerging character of the industrial area along Francis Street. As demonstrated, the design adopts environmentally sustainable and water sensitive urban design, delivering a functional, efficient and visually responsive built form that enhances the presentation of the area. Finally, the Project will contribute meaningfully to Victoria’s economy, delivering substantial public benefit by enabling access to artificial intelligence and cloud-computing for businesses across Victoria. Together, this report and the supporting documentations demonstrate that the Project is well resolved and will contribute significantly to the long-term development of industrial precincts within Hobsons Bay and Victoria’s economy. On this basis, the Project warrants the support of the Development Facilitation Team. ABN 25 600 688 604 Level 2, 22 Kings Place South Melbourne VIC 3205 03 9939 0886 pro-urban.com.au