CARRIED
3. STATUTORY PLANNING
3.10 CHANGE OF USE FROM 'WAREHOUSE' TO 'MOTOR VEHICLE REPAIR' - LOT 817 (NO.398B) VICTORIA ROAD, MALAGA (DA381-19)
Ward: (Whiteman Ward) (Statutory Planning) Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Planning and Development)
RECOMMENDATION That the Council resolve to:
1) Grant planning approval for a Change of Use from 'Warehouse' to 'Motor Vehicle Repair' at Lot 817 (No.398B) Victoria Road, Malaga subject to conditions and waiving the requirements to either construct or pay cash-in-lieu of providing three (3) car parking bays.
1. The approved use of the land for 'Motor Vehicle Repair' is to comply in all respects with the attached approved plans, as dated, marked and stamped, together with any requirements and annotations detailed thereon by the City of Swan. The plans approved as part of this application form part of the development approval issued.
2. This approval is for the use of the building(s) as 'Motor Vehicle Repair' only. Any alternative use of the premises will require the submission of an application for a change of use.
3. A maximum of four (4) staff members is to be present on site at any one time.
4. No retail or wholesale sales are permitted from the premises or site.
5. Internal car parking bays are to be line marked to the satisfaction of the City of Swan.
6. Car parking bays and areas designated for landscaping, shall not be used for the storage, display or selling of any goods whatsoever.
7. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.
2) Advise the owner/applicant of the resolution of Council accordingly.
CARRIED
3.11 PROPOSED AGED CARE FACILITY (USE NOT LISTED) - LOT 6 (NO.26), LOT 151 (NO.28) & LOT 350 (NO.30) SWAN STREET EAST AND LOT 22
(NO.53) EAST STREET, GUILDFORD (DA414-19)
Ward: (Midland/Guildford Ward) (Statutory Planning) Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Planning and Development)
Cr Johnson declared a proximity interest in Item 3.11 - Proposed Aged Care Facility (Use Not Listed) - Lot 6 (No.26), Lot 151 (No.28) & Lot 350 (No.30) Swan Street East and Lot 22 (No.53) East Street, Guildford (DA414-19) as he lives directly opposite the site.
Cr Johnson left the Chamber at 8.42pm.
Cr Kiely declared an impartiality interest in Item 3.11 - Proposed Aged Care Facility (Use Not Listed) - Lot 6 (No.26), Lot 151 (No.28) & Lot 350 (No.30) Swan Street East and Lot 22 (No.53) East Street, Guildford (DA414-19) as he is an Executive Member of the Guildford Association Executive and may have contributed to a submission on this application.
RECOMMENDATION That the Council resolve to:
1) Approve the proposed Aged Care Facility (Use not Listed) on Lot 6 (No.26), Lot 151 (No.28) and Lot 350 (No.30) Swan Street East and Lot 22 (No.53) East Street, Guildford, subject to the following conditions:
1. This approval is for an Aged Care Facility for people aged 65 years or over, and the subject land may not be used for any other use without the prior approval of the City of Swan.
2. Prior to a building permit being issued, revised site, floor, roof plan and elevation plans must be submitted to the City and approved in consultation with the State Heritage Office, to show the following:
i. the ridgeline of the roof of the proposed addition to No. 26 Swan Street East must be broken to enable the reading of the extant structure and proposed new build; and,
ii. a minimum 600mm separation distance between the proposed kitchen/laundry/services addition and the existing structure on Lot 151 (No.28) Swan Street East.
3. Prior to a building permit being issued, revised plans must be submitted to and approved by the City to show the gable end roof of Building B setback from the eastern lot boundary for the width of the bin store to the satisfaction of the City.
4. Prior to a building permit being issued or the commencement of works (whichever occurs earlier), the applicant is to submit to the satisfaction of the Chief Executive Officer a plan - based on a site feature survey - of the proposed upgrades to the battle-axe leg of Lot 22 (No. 53) East Street and which incorporates the large existing trees within the battleaxe, inclusive of the Jacaranda.
5. Unless otherwise approved by the City in writing, the external colours, finishes and materials to be used in the construction of the proposed development shall be:
i. Walls – red brick
ii. Feature Walls – feature stone in a cream colour and timber look aluminium cladding
iii. Roof – Colorbond in grey colour
6. Prior to a demolition permit being issued, a photographic archival record of the building to be demolished on Lot (No.53) East Street, Guildford, must be prepared in accordance with the Heritage Council’s Guide to Preparing an Archival Record, and submitted to the satisfaction of the City of Swan in consultation with the State Heritage Office.
7. Prior to a building permit being issued or the commencement of works (whichever occurs earlier), inclusive of works within Swan Street East, an archaeological watching brief of areas identified as ‘moderate’
archaeological potential in HC Zones of Archaeological Significance P2915 Guildford Historic Town shall be implemented to the satisfaction of the City of Swan in consultation with the State Heritage Office.
8. Prior to a building permit being issued or the commencement of works (whichever occurs earlier), detailed engineering drawings must be submitted to and approved by the City of Swan for the construction of ten (10) vehicle parking bays in the southern verge of Swan Street East as generally depicted on the approved plans, together with landscaping. The parking bays must comply with AS 2890.1 (as amended) and demonstrate compliance with AS 4970-2009 with respect to the protection of the existing street trees within the verge.
9. Prior to a building permit being issued, the landowner must enter into an agreement with the City to construct and maintain ten (10) vehicle parking bays in the southern verge of Swan Street East in accordance with the approved engineering drawings, together with landscaping, to the satisfaction of the City of Swan. The agreement must be prepared by the City's solicitors to the satisfaction of the City and enable the City to lodge an absolute caveat over the lots. The landowner shall be responsible to pay all costs associated with the City's solicitors' costs of and incidental to the preparation (including all drafts) and stamping of the agreement and the lodgement of the absolute caveat.
10. Prior to a building permit being issued, Lots 6, 151 and 350 Swan Street East and Lot 22 East Street, Guildford, (“the Lots”) must be amalgamated into a single lot on a Certificate of Title, or alternatively; the landowner must enter into a legal agreement with the City of Swan to require the amalgamation be completed within twelve (12) months of the issue of a building permit. The agreement must be prepared by the City's solicitors to the satisfaction of the City and enable the City to lodge an absolute caveat over the Lots. The landowner shall be responsible to pay all costs associated with the City's solicitors' costs of and incidental to the preparation (including all drafts) and stamping of the agreement and the lodgement of the absolute caveat.
11. Prior to a building permit being issued, the landowner must contribute a sum of 1% of the total development construction value toward Public Art in accordance with the City of Swan Local Planning Policy for the Provision of Public Art (POL-LP-1.10), by either:
i. payment to the City of a cash-in-lieu amount equal to the sum of the 1% contribution amount $84,000. This must be paid to the City prior to the date specified in an invoice issued by the City, or prior to the issuance of a building permit for the approved development, whichever occurs first; or
ii. provision of Public Art on-site to a minimum value of the 1%
contribution amount $84,000. The following is required for the provision of Public Art on-site:
iii. the landowner or applicant on behalf of the landowner must seek approval from the City for a specific Public Art work including the artist proposed to undertake the work to the satisfaction of the City in accordance with POL-LP-1.10 and the Developers’ Handbook for Public Art (as amended). The City may apply further conditions in regard to the proposed Public Art;
iv. no part of the approved development may be occupied or used until the Public Art has been installed in accordance with the approval granted by the City; and,
v. the approved Public Art must be maintained in compliance with the approval granted by the City and any conditions thereof, to the satisfaction of the City.
12. Suitable arrangements being made for the connection of the land to the comprehensive district drainage system at the landowner’s cost. The contribution amount is based on the approved additional roof area to the satisfaction of the City of Swan in accordance with the City of Swan Local Planning Policy Guildford & South Guildford District Drainage and Development Fund (POL-C-096). This fee is to contribute towards the upgrade and supply of an adequate drainage service within the area.
Payment must be made prior to the issuance of a building permit or prior to any work commencing on the site (at the earliest instance).
13. Prior to a building permit being issued, detailed stormwater disposal plans, details and calculations in accordance with the approved Stormwater Drainage Management Plan must be submitted to the City for approval, and thereafter implemented, constructed and maintained on-site to the satisfaction of the City.
14. Prior to a building permit being issued, a Noise Emissions Assessment must be undertaken by a suitably qualified noise consultant and submitted to and approved by the City of Swan. The noise assessment must assess the forecast noise emissions of the approved development, including but not limited to service vehicles, pump room, laundry, bin store and associated mechanical ventilation equipment (air conditioners), and identify appropriate noise mitigation measures as necessary to ensure that noise emissions will comply with the Environmental Protection (Noise) Regulations 1997 to the satisfaction of the City. The noise mitigation measures identified in the approved Noise Emissions Assessment shall be implemented in the construction of the development and ongoing use of the land for the duration of the operation of the development to the satisfaction of the City.
15. Prior to a building permit being issued, construction of the approved development shall demonstrate noise insulation to meet AS 2021:2015 (Acoustics – Aircraft Noise Intrusion – Building Siting and Construction).
16. The recommendations of the Acoustic Report prepared by Wood & Grieve Engineers (Version 002, dated 23 August 2019) shall be implemented in the construction stage and ongoing use of the land for the duration of the operation of the development, to the satisfaction of the City of Swan.
17. Prior to occupation or use of the development, noise monitoring is to be undertaken to ensure compliance with the Acoustic Report prepared by Wood & Grieve Engineers (Version 2, dated 23 August 2019). Should the development not comply, additional mitigation measures are to be installed and evidence of compliance provided to Perth Airport.
18. Prior to a building permit being issued, a Notification under Section 70A of the Transfer of Land Act 1893 must be registered over the certificate of title(s) to the land the subject of the proposed development to notify current and prospective landowners of the aircraft noise and transport noise impacts in the area, to the satisfaction of the City of Swan.
19. Prior to the issue of a building permit or the commencement of works (whichever occurs earlier), a detailed Landscaping Plan must be submitted to and approved by the City of Swan, and must include the following:
a. details of the location, number, size and species of new trees, shrubs and/or other vegetation to be planted on the site, including the use of noise reducing plants to be planted within the landscaping strip(s) of the East Street access way; and,
b. existing trees on the site to be retained and/or relocated, including the relocation site and protection measures in accordance with AS 4970-2009 (as amended) and any other measures to protect abutting land (e.g. root barriers).
20. The approved Landscaping Plan must be implemented within the first available planting season after the initial occupation of the development, and maintained thereafter, to the satisfaction of the City of Swan. Any species that fails to establish within the first two planting seasons following implementation must be replaced in consultation with, and to the satisfaction of the City of Swan.
21. Prior to the issue of a building permit or the commencement of works (whichever occurs earlier), a Construction Management Plan must be submitted to and approved by the City of Swan to address the management of dust, noise, light, vibration, waste storage and disposal, protection of trees, contractor traffic and parking, and complaints procedures. The approved Construction Management Plan is to be complied with for the duration of the construction of the development.
22. A safety mirror must be installed and maintained on the site at the proposed exit driveway onto East Street to improve pedestrian sightlines to exiting vehicles to the satisfaction of the City of Swan.
23. A total of twelve (12) vehicle parking bays must be provided on the site to the satisfaction of the City of Swan. The design of vehicle parking and access must comply with AS 2890.1 (as amended). Accessible parking bays must comply with AS 2890.6 (as amended).
24. Bicycle spaces provided on the site in accordance with the approved plans must comply with AS 2890.3:2015 (as amended).
25. Vehicle parking, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City of Swan, in accordance with the approved plans.
26. Prior to occupation or use of the development, the existing vehicular crossover(s) on Swan Street East and East Street must be constructed to the City’s specifications. Any redundant portions of the existing vehicular crossover(s) are to be removed and the kerbing, verge, and footpath (where relevant) reinstated to the specification and satisfaction of the City of Swan.
27. No street tree within the verge is to be removed or relocated except where approved in writing by the City of Swan. The cost of any street tree removal or relocation is to be paid by the landowner prior to the issue of a building permit.
28. All piped, ducted and wired services, air conditioners, hot water systems, water storage tanks, service meters and bin storage areas must be located to minimise any visual and noise impact on the occupants of nearby properties and screened from view from the street.
29. Access to the subject site by waste collection vehicles and contractors is restricted to Monday to Friday between 7:00am and 7:00pm only.
30. All procedures, actions and design considerations detailed in the Waste Management Plan prepared by Talis Consultants (Version 1b, dated 20 August 2019) shall be implemented on the site to the satisfaction of the City of Swan for the duration of the operation of the development, including but not limited to:
a. the waste collection vehicle will access the site no more than three (3) times per week to collect refuse and recycling material; and, b. the waste collection vehicle will utilise the dedicated on-site service
drop off area to service the development.
31. No rubbish or recyclable material is to be stored outside of the bin store or allowed to escape the bin store area at any time. No goods, products, materials, equipment or the like shall be stored outside of the approved development buildings unless in a designated area approved for that purpose by the City of Swan.
32. External lighting must comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting (as amended).
33. The development must be connected to the Water Corporation’s sewer where available.
34. All stormwater produced from this property including subsoil drainage must be collected and disposed in accordance with the approved detailed stormwater disposal plans to the City’s satisfaction. Stormwater drainage must be contained on-site or directed away from the Railway reservation.
No stormwater drainage shall be discharged into the Great Eastern Highway (East Street) road reservation or any other land not subject to the approval.
35. All building works to be carried out under this development approval are required to be contained within the boundaries of the lots subject to this approval. No earthworks shall encroach onto the Great Eastern Highway (East Street) road reservation.
36. Prior to occupation or use of the development, and unless otherwise approved in writing by the City of Swan, the external surface finish of the parapet boundary wall must be finished to the same standard as the rest of the development to the satisfaction of the City of Swan (provided access is granted by the adjoining landowner).
37. Soil on the land must be stabilised at all times to prevent erosion and dust blowing, and appropriate measures must be implemented by the landowner within the time and in the manner directed by the City in the event that sand or dust is blown or drifts from the lot.
2) Advise the owner/applicant of the resolution of Council.
3) Advise all those who made a submission of the Council's decision accordingly.
MOTION that the Council resolve to:
1) Refuse to grant approval for the proposed Aged Care Facility (Use Not Listed) on Lot 6 (No.26), Lot 151 (No.28) and Lot 350 (No.30) Swan Street East and Lot 22 (No.53) East Street, Guildford, for the following reasons:
1. The proposed development is inconsistent with the objectives of the Residential zone insofar as:
a) the size and scale of the development will not be compatible with the form and density of residential development on adjoining land;
b) the development has the potential to generate noise and light disturbances at an intensity, frequency and duration that would be in conflict with community expectations of residential amenity; and c) the proposed on-site parking shortfall has the potential to introduce
street parking into Swan Street East to an extent that would be prejudicial to the development of a safe and attractive residential environment.
2. The proposed development is inconsistent with the objectives of State Planning Policies 5.1 – Land Use Planning in the Vicinity of Perth Airport, 5.4 – Road and Rail Noise
3. The proposed development is inconsistent with the City of Swan Local Planning Scheme No.17.
4. The proposed development is inconsistent with the City of Swan Policy POL-6-106 - Guildford Conservation Policy.
5. The proposed development is inconsistent with City of Swan Local Planning Policy POL-TP-129 Vehicle Parking Standards.
(Cr Scanlan – Cr Predovnik)
THE MOTION WAS PUT TO THE VOTE WHICH RESULTED IN AN EQUALITY OF VOTES (7/7)
For: Crs Catalano, Henderson, Kiely, Predovnik, Richardson, Scanlan and Zannino Against: Crs Bailey, Congerton, Jones, Lucas, McCullough, McNamara and Parry
THE PRESIDING MEMBER EXERCISED HIS CASTING VOTE AND VOTED AGAINST THE MOTION
THE MOTION WAS THEREFORE LOST (7/8)