This is not the recommended option.
Item 3.3 (Cont’d 4)
Implications: The applicant will have a right of appeal to the State Administrative Tribunal. The applicant will not be able to operate from the site.
CONCLUSION
The applicant is seeking to establish a Curves Health and Wellness Centre within unit 4/63 Oxleigh Drive, Malaga catering to women’s health, fitness and wellbeing. This entails a change of use of the unit from the approved “Showroom/Warehouse/Office” to “Health Studio”, which is a “P” use within the General Industrial zoning of the subject lot. Based on the application of the closest Scheme parking standard for “Health Centre” the proposal would generate a requirement for 18 parking bays, translating to a net shortfall of 11 bays across the site (44 bays are provided). Based on the estimated patronage numbers, the fact that the peak period is after hours when the other units are closed, and an onsite inspection which ascertained minimal usage of existing bays, it is considered that the proposed variation is unlikely to generate a parking conflict onsite and can therefore be supported.
It is recommended that Council approve the proposed variation to the net parking requirement for the site generated by this proposal and approve the proposed change of use for unit 4/63 Oxleigh Drive from “Showroom/Warehouse/Office” to “Health Studio”.
ATTACHMENTS
• Location Plan
• Site Plan
• Floor Plan
APPENDICES
NilSTRATEGIC IMPLICATIONS
NilSTATUTORY ENVIRONMENT
Item 3.3 (Cont’d 5) RECOMMENDATION
That the Council resolve to:(1) Approve the variation of 11 bays to the net parking required onsite with this proposal and approve the proposed Change of Use of unit 4/63 Oxleigh Drive from
“Showroom/Warehouse/Office” to “Health Studio” subject to the following conditions:
1. Any additional development which is not in accordance with the application (the subject of this approval) or nay condition of approval, will require further approval of the City.
Advice to Applicant
1. This is a Development Approval of the City under its Town Planning Scheme No. 9. It is not a building licence or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.
2. Development may be carried out only in accordance with the terms of the application as approved herein and any approved plan.
3. This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as an easement or restrictive covenant.
It is the responsibility of the applicant and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention.
4. In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989 a Building Licence application must be submitted to and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site.
5. The applicant is advised that prior to the commencement of the change of use herein approved, a Change of Building Classification approval is required to be obtained from the City’s Building Approval Services.
CARRIED
3.4 RECONSIDERATION OF CONDITION OF PLANNING APPROVAL FOR CAMBODIAN CULTURAL CENTRE - LOT 42 COAST ROAD, WEST SWAN
(P128950) (SWAN VALLEY WARD) (SPS)
KEY ISSUES AND RECOMMENDATION
• Council considered this application previously at its Ordinary Council Meeting held on 22 September 2004 where it resolved to grant approval for a Cultural Hall and Kitchen Facility for the Cambodian Cultural Centre subject to conditions, one of which (Condition 4) required the construction of a 450 metre portion of Coast Road.
• The Cambodian Cultural Centre has requested that Council reconsider Condition 4 as the condition will result in the Kitchen Facility and Cultural Hall not being constructed due to financial constraints.
• The Cambodian Cultural Centre has presented an alternative in order to manage the dust created as a result of the increased traffic along this portion of Coast Road. This alternative is to annually place down a 40%-60% bitumen kerosene mixture treatment in order to ensure that dust issues do not arise affecting adjoining property owners.
• The City of Swan Operations Department has suggested that a 4 metre wide, 40 mm thick asphalt treatment would be a more permanent solution which would also be more cost effective for the Cambodian Cultural Centre. This would cost an estimated $25,000. This solution would be satisfactory to the City of Swan and also be achievable for the proposal for the Kitchen Facility and Cultural Hall to be constructed.
It is recommended that the Council resolve not to vary Condition 4 of the approval granted at its Ordinary Council Meeting held on 22 September 2004, however an alternative standard of construction as described above be carried out by the City of Swan Operations Department at an estimated cost of $25,000 to be paid by the applicant.
AUTHORITY/DISCRETION
The Council may approve (with or without conditions) or refuse to approve the application. If the applicant is aggrieved with the decision of the Council a right of appeal may exist in accordance with Part 5 of the Town Planning and Development Act 1928 (as amended).
BACKGROUND
APPLICANT: Highline Building Construction Michael Penders Concept Drafting
OWNER: Cambodian Welfare and Cultural Centre of Western Australia ZONING: TPS - General Rural
MRS - Urban Deferred
EXISTING LAND USE: Cultural Use
LOT SIZE: 28,248m²
AREA: Kitchen Facility: 75m²
Cultural Hall: 450m²
USE CLASS: Club Premises “AA”
Cultural Use “AA”
Educational Establishment “AA”
Item 3.4 (Cont’d 2)
DETAILS OF THE PROPOSAL
The owners of the subject property have requested that Council reconsider Condition 4 of the approval granted at the Ordinary Council Meeting held on 22 September 2004 to construct a 450 metre portion of Coast Road. The owners have requested this reconsideration due to the financial burden associated with the construction of this portion of road.
The Cambodian Association has requested that the City consider the possibility of permitting the Association to contribute the cost of surface spraying the prepared surface with a 40% bitumen-60%
kerosene mixture sprayed at a rate of 0.61 per m². It would be anticipated that this would be carried out immediately following Council’s normal maintenance operation, thereby obviating the need for the Association to prepare the surface which would under normal circumstances be carried out by Council’s workforce. The Association has indicated that it would be willing to undertake this surface spray once annually dependent on the surface condition in cooperation with Council’s Road Maintenance Operations.
The application consisted of two permanent structures on the subject land - a kitchen facility and a cultural hall. The kitchen facility is to be constructed of colourbond material measuring 12.5 metres by 6 metres with a wall height of 3 metres above natural ground level and is to be used in conjunction with a future monk’s dwelling on the subject property. The location of the kitchen facility is proposed to be approximately 91 metres from the front (southern) boundary, 41 metres from the eastern boundary and 37 metres from the rear (northern) boundary.
The proposed cultural hall is to be constructed of concrete wall panels measuring 30 metres by 15 metres with a wall height of 3.6 metres. The location of the cultural hall is proposed to be 46 metres from the front (southern) boundary, 83 metres from the western boundary and 63 metres from the rear (northern) boundary. The cultural hall is to be used for the purposes of holding functions and activities such as cultural dancing performances and training, music training, art and craft displays, wedding ceremonies, funeral wakes, meditation techniques, yoga, Cambodian traditional ceremonies and social functions.
DESCRIPTION OF SITE
The subject lot is currently zoned ‘Urban Deferred’ under the Metropolitan Region Scheme and is situated approximately 400 metres west of Lord Street on Coast Road (an unsealed road) and approximately 400 metres north of Reid Highway in West Swan. The subject property currently contains a shed being used as a hall, with a temporary caretaker’s dwelling and temporary toilet facilities. The subject land is relatively flat with a slight ridge through the middle of the property sloping down into the southern corners of the property.
The surrounding properties are currently utilised for rural residential purposes and the agistment of horses.
Item 3.4 (Cont’d 3)
SITE HISTORY/PREVIOUS APPROVALS
October 1999: Conceptual plans for a cultural centre approved by the City under Delegated Authority, including recreational hall, sports oval, volleyball courts, temple and meditation hall, bed-sit accommodation for 20 persons, tennis courts, basketball courts.
March 2002: Temporary toilet facility approved.
April 2003: Complaint received from nearby resident in relation to noise generated by people coming and going from the subject site. The complaint involved an estimation of approximately 200 cars present at the site.
December 2003: Noise complaint received from nearby resident in relation to music and general noise. Letter sent to the Cambodian Welfare and Cultural Centre of Western Australia advising of the noise complaint and that the property would be required to comply with the Environmental Protection (Noise) Regulations 1997.
September 2004: Conditional Approval granted by Council to construct the Cultural Hall and Kitchen Facility. The resolution of Council is as below.