CARRIED
3. STATUTORY PLANNING
3.12 PROPOSED MOTEL (FARM STAY) AND INCIDENTAL DEVELOPMENT, SHED AND THE KEEPING OF LIVESTOCK (RURAL-PURSUIT) - LOT 625 (NO.835)
GREAT NORTHERN HIGHWAY, HERNE HILL (DA717-18)
Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning) Disclosure of Interest: Nil
Authorised Officer: (Executive Manager Planning and Development)
Cr Kiely declared an impartiality interest in Item 3.12 – Proposed Motel (Farm Stay) and Incidental Development, Shed and the Keeping of Livestock (Rural-Pursuit) - Lot 625 (No.835) Great Northern Highway, Herne Hill (DA717-18) as the applicant has previously completed some work for him in the past (more than four years ago).
RECOMMENDATION That the Council resolve to:
1) Approve the application for the proposed 'Motel (Farm-Stay) and the keeping of livestock (Rural-Pursuit)' at Lot 625 (No.835) Great Northern Highway, Herne Hill, subject to the following conditions:
1. This approval is for a "Motel" and "Rural Pursuit" use as defined in the City of Swan Local Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City.
2. The Motel is limited to a maximum of 24 patrons on the premises at any one time.
3. A maximum of 1 milking cow, 2 meat cows with calves at foot, 1 bull, 3 sheep with lambs and 1 pig with piglets are approved as part of the "Rural Pursuit" use.
4. Prior to occupation or use, the owners shall submit and have approved, a Livestock Management Plan, to the satisfaction of the City of Swan, in consultation with the Department of Primary Industries and Regional Development.
5. The owners shall maintain the lot in accordance with the approved Livestock Management Plan, to the satisfaction of the City of Swan, so long as the number of livestock on the premises exceeds the dry stocking rate.
6. Adequate fencing shall be provided to prevent access of livestock and chickens to the 30 metre setback zone and foreshore, and to ensure the protection of vegetation.
7. Prior to the commencement of development, detailed specifications of the proposed on-site effluent disposal system, including its location and clearance from groundwater, expected performance and monitoring/maintenance plan shall be submitted to, and approved by the City of Swan on the advice from the Department of Biodiversity, Conservation and Attractions.
8. Prior to the commencement of works, the applicant shall demonstrate that the on-site effluent disposal system and associated irrigation/infiltration areas have the capacity to attenuate both phosphorus and nitrogen to the satisfaction of the Department of Biodiversity, Conservation and Attractions.
9. All septic sewer systems are to be decommissioned in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974. Proof of decommissioning is to be provided in the form of either certification from a licensed plumber or a statutory declaration from the landowner/applicant, confirming that the site has been inspected and all septic tanks, soak wells, leach drains and any associated pipework have been removed.
10. Stormwater run-off from constructed impervious surfaces generated by small rainfall events (i.e. the first 15mm of rainfall) must be retained and/or detained and treated (if required) at-source as much as practical and will not be permitted to enter the river untreated.
11. Prior to the occupation or use, a detailed landscaping plan for the subject site must be submitted to and approved by the City of Swan and must include the following:
a. The location, number, size and specifies type of ground cover, shrubs and trees
12. All landscaping must be completed in accordance with the approved detailed landscaping plan, prior to the occupation of any building. All landscaping is to be maintained onsite to the satisfaction of the City of Swan.
13. Prior to the occupation or use of the development, a minimum of 18 car parking bays shall be provided on the lot in accordance with the approved plans. The design of vehicle parking and access must comply with AS/NZ 2890.1 (as amended). Accessible bays must comply with ASNZ 2890.6 (as amended).
14. Vehicle parking areas, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.
15. Vehicle access onto the site shall be restricted to that shown on the approved site plan.
16. All pavement on the site must be capable of accepting anticipated loadings, including access ways, parking areas, storage and hard stands.
17. No earthworks shall encroach onto the Great Northern Highway road reservation.
18. All existing vehicle access to the Great Northern Highway road reservation shall be removed.
19. The landowner/applicant shall make good any damage to the existing verge vegetation within the Road reserve.
20. All stormwater is to be collected and contained onsite, clear of building. No stormwater or deleterious matter shall be discharged from the property into or allowed onto other lands or reserves, including the Susannah Brook, Bush Forever Area 302 and Great Northern Highway road reserve.
21. No building materials, rubbish or other matter shall be deposited into Bush Forever Area 302 during or after construction works.
22. Any additional information, which is not in accordance with the application (the subject of the approval) of any condition of approval, will require further approval of the City.
2) Forward the application to the Western Australian Planning Commission for determination pursuant to clause 30(b) of the Metropolitan Region Scheme.
3) Advise the applicant/owner and those that made a submission of Council's decision accordingly.
MOTION that the Council resolve to:
1) Refuse to grant planning approval for the 'Motel (Farm-Stay) & Keeping of Livestock (Rural-Pursuit)' at Lot 625 (No.835) Great Northern Highway, Herne Hill for the following reason:
1. The development is inconsistent with the planning objectives for Area B as listed in the Swan Valley Planning Act 1995, specifically clauses 8.3, 8.4, 8.6 and 8.7.
(Cr Zannino – Cr Richardson)
Cr Congerton left the Chamber at 9.52pm.
Cr Congerton entered the Chamber at 9.55pm.
MOTION WAS PUT TO THE VOTE AND LOST (6/9)
For: Crs Johnson, Lucas, Richardson, Scanlan, McNamara and Zannino
Against: Crs Bailey, Catalano, Congerton, Henderson, Jones, Kiely, McCullough, Parry and Predovnik
MOTION that the Council resolve to:
1) Adopt the Officer recommendation with Conditions 11 and 12 amended to read as follows:
11. Prior to application for a Building Permit the applicant is to prepare, to the satisfaction of the Chief Executive Officer, a Landscaping Plan that:
a. provides for landscaping around the northern, southern, eastern and western perimeters of the proposed Motel Building for the purpose of achieving a high degree of screening of the building as viewed externally from the site though detail of:
b. proposed planted ground cover plant species - number and mature growth height;
c. proposed shrub species - number and mature growth height; and d. proposed tree species - number and mature growth height.
12. Within 12 months of the substantial commencement of the Motel Building, the applicant is to have implemented all plantings subject of the approved Landscaping Plan and is to maintain these thereafter to the satisfaction of the City of Swan.
(Cr Kiely – Cr McCullough)
AMENDMENT TO THE MOTION
Cr Lucas requested the addition of the following Condition:
No beekeeping activity to be undertaken on the site.
The mover and seconder of the substantive motion agreed to the amendment.
THE AMENDMENT BECAME PART OF THE SUBSTANTIVE MOTION*
*Added as Condition 7 with subsequent Conditions renumbered.
RESOLVED (10/5) TO:
1) Approve the application for the proposed 'Motel (Farm-Stay) and the keeping of livestock (Rural-Pursuit)' at Lot 625 (No.835) Great Northern Highway, Herne Hill, subject to the following conditions:
1. This approval is for a "Motel" and "Rural Pursuit" use as defined in the City of Swan Local Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City.
2. The Motel is limited to a maximum of 24 patrons on the premises at any one time.
3. A maximum of 1 milking cow, 2 meat cows with calves at foot, 1 bull, 3 sheep with lambs and 1 pig with piglets are approved as part of the "Rural Pursuit" use.
4. Prior to occupation or use, the owners shall submit and have approved, a Livestock Management Plan, to the satisfaction of the City of Swan, in consultation with the Department of Primary Industries and Regional Development.
5. The owners shall maintain the lot in accordance with the approved Livestock Management Plan, to the satisfaction of the City of Swan, so long as the number of livestock on the premises exceeds the dry stocking rate.
6. Adequate fencing shall be provided to prevent access of livestock and chickens to the 30 metre setback zone and foreshore, and to ensure the protection of vegetation.
7. No beekeeping activity to be undertaken on the site.
8. Prior to the commencement of development, detailed specifications of the proposed on-site effluent disposal system, including its location and clearance from groundwater, expected performance and monitoring/maintenance plan shall be submitted to, and approved by the City of Swan on the advice from the Department of Biodiversity, Conservation and Attractions.
9. Prior to the commencement of works, the applicant shall demonstrate that the on-site effluent disposal system and associated irrigation/infiltration areas have the capacity to attenuate both phosphorus and nitrogen to the satisfaction of the Department of Biodiversity, Conservation and Attractions.
10. All septic sewer systems are to be decommissioned in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974. Proof of decommissioning is to be provided in the form of either certification from a licensed plumber or a statutory declaration from the landowner/applicant, confirming that the site has been inspected and all septic tanks, soak wells, leach drains and any associated pipework have been removed.
11. Stormwater run-off from constructed impervious surfaces generated by small rainfall events (i.e. the first 15mm of rainfall) must be retained and/or detained and treated (if required) at-source as much as practical and will not be permitted to enter the river untreated.
12. Prior to application for a Building Permit the applicant is to prepare, to the satisfaction of the Chief Executive Officer, a Landscaping Plan that:
a. provides for landscaping around the northern, southern, eastern and western perimeters of the proposed Motel Building for the purpose of achieving a high degree of screening of the building as viewed externally from the site though detail of:
b. proposed planted ground cover plant species - number and mature growth height;
c. proposed shrub species - number and mature growth height; and d. proposed tree species - number and mature growth height.
13. Within 12 months of the substantial commencement of the Motel Building, the applicant is to have implemented all plantings subject of the approved Landscaping Plan and is to maintain these thereafter to the satisfaction of the City of Swan.
14. Prior to the occupation or use of the development, a minimum of 18 car parking bays shall be provided on the lot in accordance with the approved plans. The design of vehicle parking and access must comply with AS/NZ 2890.1 (as amended). Accessible bays must comply with ASNZ 2890.6 (as amended).
15. Vehicle parking areas, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.
16. Vehicle access onto the site shall be restricted to that shown on the approved site plan.
17. All pavement on the site must be capable of accepting anticipated loadings, including access ways, parking areas, storage and hard stands.
18. No earthworks shall encroach onto the Great Northern Highway road reservation.
19. All existing vehicle access to the Great Northern Highway road reservation shall be removed.
20. The landowner/applicant shall make good any damage to the existing verge vegetation within the Road reserve.
21. All stormwater is to be collected and contained onsite, clear of building. No stormwater or deleterious matter shall be discharged from the property into or allowed onto other lands or reserves, including the Susannah Brook, Bush Forever Area 302 and Great Northern Highway road reserve.
22. No building materials, rubbish or other matter shall be deposited into Bush Forever Area 302 during or after construction works.
23. Any additional information, which is not in accordance with the application (the subject of the approval) of any condition of approval, will require further approval of the City.
3) Forward the application to the Western Australian Planning Commission for determination pursuant to clause 30(b) of the Metropolitan Region Scheme.
4) Advise the applicant/owner and those that made a submission of Council's decision accordingly.
For: Crs Bailey, Catalano, Congerton, Henderson, Jones, Kiely, McCullough, McNamara, Parry, Predovnik
Against: Crs Johnson, Lucas, Richardson, Scanlan and Zannino