On 17 January 2005, the City of Swan requested that the Department of Housing and Works, as the owners of the property, clarify the immediate and future intentions for the subject site as the site has been identified for future development under the Lockridge Master Plan. Correspondence from the Department of Housing and Works was received on 23 February 2005 advising that the premises would be retained for rental accommodation and the proposed amendment was no longer necessary.
At a recent site meeting, staff discussed the matter of the ‘Op Shop’s’ closure with the operator of the business, and it was revealed that the tenants were to be relocating to another venue by August 2005.
REPORT
Additional Use Provision
Council resolved on 7 April 2004 to initiate an amendment to the City’s Town Planning Scheme No.
9 by introducing a new Additional Use provision to Appendix 6B to include the use of “Opportunity Shop” as “AA” Use at Lot 1 on Diagram 97617 (No2B) Arbon Way, Lockridge, subject to:
1. The “Opportunity Shop” Use is restricted to the sale of secondhand goods such as clothing, bric-a-brac but no heavy household items shall be sold such as fridges, washing machines, etc.
No other use included within the “Shop” definition of the City of Swan Town Planning Scheme No. 9 shall be undertaken on site.
2. Should the buildings that exist on site at the time of initiation of the Additional Use be demolished, the site shall no longer be used for the purposes of a “Shop” under Town Planning Scheme No. 9.
Council also requested that the City seek advice from Homeswest (Department of Housing and Works) to identify their immediate and future intentions to develop the subject lot during the advertising period.
Since this time, the proposed Town Planning Scheme No. 9 Amendment 433 has been advertised and submissions have been received with one (1) non objection, ten (10) objections and a petition opposing the amendment, comprising fifteen (15) signatures of nearby residents. The City of Swan has also received correspondence from the Department of Housing of Works who advised that the premises would be retained for rental accommodation, and the proposed amendment was no longer necessary.
Item 3.9 (Cont’d 6)
OPTIONS AND IMPLICATIONS
Option 1: Council may resolve to not proceed with the Town Planning Scheme No. 9 Amendment 433, to include a new Additional Use provision to Appendix 6B to include the use “Opportunity Shop” as “AA” Use at Lot 1 on Diagram 97617 (No 2B) Arbon Way, Lockridge, subject to:
1. The “Opportunity Shop” Use is restricted to the sale of secondhand goods such as clothing, bric-a-brac but no heavy household items shall be sold such as fridges, washing machines, etc. No other use included within the
“Shop” definition of the City of Swan Town Planning Scheme No. 9 shall be undertaken on site.
2. Should the buildings that exist on site at the time of initiation of the Additional Use be demolished, the site shall no longer be used for the purposes of a “Shop” under Town Planning Scheme No. 9.
Implications: This will result in no changes to Appendix 6B occurring. Lot 1 (No 2B) Arbon Way, Lockridge is zoned Residential, and therefore the “Opportunity Shop” use and/or the “Shop” use will not be a permitted land use under the City’s Town Planning Scheme No. 9.
Option 2: Council may proceed with Town Planning No. 9 Amendment 433, to include a new Additional Use provision to Appendix 6B to include the use “Opportunity Shop” as “AA” Use at Lot 1 on Diagram 97617 (No 2B) Arbon Way, Lockridge, subject to:
1. The “Opportunity Shop” Use is restricted to the sale of secondhand goods such as clothing, bric-a-brac but no heavy household items shall be sold such as fridges, washing machines, etc. No other use included within the
“Shop” definition of the City of Swan Town Planning Scheme No. 9 shall be undertaken on site.
2. Should the buildings that exist on site at the time of initiation of the Additional Use be demolished, the site shall no longer be used for the purposes of a “Shop” under Town Planning Scheme No. 9.
Implications: The Use of “Opportunity Shop” will be a permitted use subject to Council approval only at the specified site. This will not alter the current situation should a similar application be submitted to Council in a different residential area.
CONCLUSION
As a result of the Department of Housing and Works advising the City that the premises would be
Item 3.9 (Cont’d 7) ATTACHMENTS
• Location Plan
• Department of Housing and Works Letter - dated 22 February 2005.
APPENDICES
• Schedule of Submissions
• Proposed addition to Appendix 6B - Addition or Restricted Uses and Conditions
STRATEGIC IMPLICATIONS
NilSTATUTORY ENVIRONMENT
Town Planning and Development Act 1928FINANCIAL IMPLICATIONS
NilRECOMMENDATION
That the Council resolve to:(1) Note the submissions received as outlined in the Schedule of Submissions.
(2) Not proceed with final approval of Town Planning Scheme No. 9 Amendment 433 for an Additional Use of “Opportunity Shop” at Lot 1 (No 2B) Arbon Way, Lockridge.
(3) Advise the Western Australian Planning Commission (WAPC) and the Department of Housing and Works of Council’s decision.
(4) Advise the submitters of Council’s decision above.
CARRIED
3.10 PROPOSED DAM - LOT 69 BERRY ROAD, GIDGEGANNUP (DA 15767/2004) (NORTH WARD) (SPS)
KEY ISSUES AND RECOMMENDATION
• The City has received an application to construct an on-stream dam on the subject property 16 metres from the eastern property boundary.
• The subject dam has been assessed in accordance with the City’s Dams Policy and it has been determined to be a High Impact Dam. The proposed dam does not comply with the City’s Dam Policy.
• The applicant has stated in their submission that the dam is for aesthetic reasons and may be stocked in the future.
• The City advertised the application to adjoining landowners, by means of a sign on site and referral to the local land conservation district committee. The City received eleven submissions objecting to the proposal. The application was not supported by the local committee.
• The application was referred to the Department of Environment (DoE) for comments. It was advised that the DoE were not in a position to support the proposal and requested further information be provided.
It is recommended that Council refuse the application for an on-stream dam on the subject property.
AUTHORITY/DISCRETION
In accordance with Clause 2.3.1 of Town Planning Scheme No. 9 (TPS 9) an approval of the Council is required prior to the commencement of development.
Clause 2.3.9.1 of TPS 9 states that the Council may resolve to approve (with or without conditions) or refuse the application.
BACKGROUND
APPLICANT: V. Rapoff
OWNER: V. & S. Rapoff
ZONING: TPS - Rural
MRS - General Rural
STRATEGY/POLICY: Gidgegannup Rural Strategy, Dam Policy POL-C-089 DEVELOPMENT SCHEME: Town Planning Scheme No. 9
EXISTING LAND USE: Residential
LOT SIZE: 74ha
DEVELOPMENT AREA: 2.5ha
USE CLASS; Dam - Use Not Listed
Item 3.10 (Cont’d 2)
It has been advised that the dam is for aesthetic purposes but may be stocked in the future and used for improving pasture and revegetation on the property.
The dam is to have a maximum volume of 60,000m3 and a maximum earth wall height of 8 metres.
The earth wall is to be located on the eastern side of the dam and is to have a minimum wall width of 5 metres at the top. A spillway is to be located on the south side of the dam embankment.
DESCRIPTION OF SITE
The subject property is located on the south-eastern corner of Berry Road and East Road, Gidgegannup. There is an existing dwelling located on the southern portion of the property. The land slopes moderately away from Berry and East Roads towards the watercourse on site. The southern portion of the land is well vegetated, however the remainder of the property is more sparsely vegetated.
The adjoining property to the east is a residential property with two small dams which also appear to be on-stream. The larger of the two dams is located approximately 15 metres from the common property boundary.
SITE HISTORY/PREVIOUS APPROVALS
• February 1991 - Subdivision application refused.
• September 1995 - Subdivision application refused.
• March 2005 - the City issued a stop work notice to the applicant for excavating and stock piling soil on the property without approval.
• April 2005 - a second stop work notice was served on the applicant for the levelling of soil on the property without approval.