STRATEGIC IMPLICATIONS
NilSTATUTORY ENVIRONMENT
Clause 2.3.16 - Council may give approval of a development already commenced or carried out regardless of when it commenced or was carried out.
TPS 9 definition of “sawmill”.
FINANCIAL IMPLICATIONS
NilRECOMMENDATION
Bullsbrook subject to the following conditions:
1. Landscaping, drainage, parking areas, pavement, kerbing, line marking as depicted on the approved plans shall be maintained at all times to the satisfaction of the City of Swan.
Item 3.2 (Cont’d 6)
2. Vehicle access onto the site shall be restricted to that shown on the approved site plan.
3. All pavement on the site must be capable of accepting all anticipated loadings (including accessways, parking areas, storage and hardstands). The City will not accept any responsibility for subsequent failure of any pavement.
4. The vehicle parking area, access, circulation areas and hard stand areas must be sealed, kerbed, drained and line marked and maintained to the satisfaction of the City, in accordance with the approved plans.
5. All earthworks and/or associated drainage details shall be in accordance with plans and specifications approved by the Chief Executive Officer.
6. All stormwater produced on the site shall be disposed of on the site to the satisfaction of the Chief Executive Officer.
7. If at any stage, as a consequence of the development, any obstruction, alteration or interference with a natural water way / flow of surface water occurs, the fault must be rectified and any damage reinstated to the satisfaction of the City within 14 days or such other period as specified by the Chief Executive Officer.
8. No fluid, other than uncontaminated stormwater is to enter any stormwater drain without prior approval from the City and the Environmental Protection Authority.
9. Earthworks over the site and batters must be stabilised to prevent sand blowing, and appropriate measures must be implemented within the time and in the manner directed by the City in the event that sand is blown or drifts from the site.
10. The applicant shall submit detailed plans and specifications (whichever is applicable) including site works, levels (existing and proposed), earthworks, drainage, crossovers, access ways, hardstands, carports, parking bays, loading bays, lighting, existing easements, pavement details, proposed Western Power connection and compound and refuse/bulk bin areas etc. Such plans and specifications should be submitted with the building licence application and be in accordance with the City of Swan Property Development Design Guidelines and its relevant specifications.
11. Anything that has been placed on, over or under the thoroughfare by or on behalf of the owner is to be maintained by the owner to the satisfaction of the City. This includes the crossover, landscaping, irrigation, garden features etc.
12. Any adjustment to Power poles, manholes, drainage sumps, service pits or similar required as part of this licence is to be arranged by the applicant at his/her own expense, prior to works commencing on the site.
13. The developer must ascertain location and depth of any services that may interfere with
crossover and associated building construction. Any adjustment to affected services to be arranged by applicant at his/her expense with the appropriate service authority approval, prior to works commencing on the site.
Item 3.2 (Cont’d 7)
14. Provision must be made for access and facilities for use by people with disabilities in accordance with provisions of the Building Code of Australia and AS 1428.1.
15. Use of the site for the purpose approved shall not commence until a Certificate of Classification is issued under Regulation 20 of the Building Regulations 1989.
16. The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.
All development works are to be carried out in accordance with control of noise practices set out in Section 6 of AS 2436-1981 or the equivalent current Australian Standard.
No works shall commence prior to 7.00 am without the City’s approval.
Advice to Applicant:
1. 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.
2. This approval does not constitute approval from other service authorities to construct the crossover as shown on the plan. It is recommended that the developer ascertain location and depth of any services that may interfere with crossover and associated building construction. Any adjustment to affected services to be arranged by applicant at their expense with the appropriate service authority approval, prior to works commencing on the site.
3. 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.
4. Embankment stabilisation shall be in accordance with the provisions of the Building Code of Australia.
5. The applicant shall submit two copies of the proposed plans to the Fire & Emergency Services Authority of Western Australia (FESA) for approval. A stamped copy of these plans is to be submitted by the applicant as part of the Building Licence application.
CARRIED
3.3 PROPOSED CHANGE OF USE FROM "SHOWROOM/WAREHOUSE" TO
"HEALTH STUDIO" - UNIT 4, NO. 63 OXLEIGH DRIVE, MALAGA (DA-0146/2005) (BALLAJURA WARD) (SPS)
KEY ISSUES AND RECOMMENDATION
• The applicant is seeking approval to outfit Unit 4 of No.63 Oxleigh Drive, Malaga for use as a Curves Health and Wellness Centre.
• The proposal has been classed as a “Health Studio” for the purposes of the City’s Town Planning Scheme No. 9. A “Health Studio” is a “P” use within the “General Industrial” zoning of the subject lot.
• Under the Scheme the proposed use would generate a requirement for 18 car parking bays. A total of 44 car parking bays were provided as part of the original development of the 6 showroom warehouse units and the proposed change of use would result in a net shortfall of 11 bays.
• The applicant has indicated that the existing parking facilities are currently underutilised and that the peak activity periods for the proposed business would be after hours between 5-7pm when the other premises on site are closed.
• A site visit conducted during the late afternoon on a weekday revealed only 12 of the 44 bays were occupied.
Given the justification provided by the applicant and the results of the inspection of onsite parking it is considered that the variation of 11 bays, whilst substantially greater than that normally considered (10%), can be supported in this instance, it is recommended that Council approve the proposed change of use for Unit 4/63 Oxleigh Drive from “Showroom/Warehouse/Office” to “Health Studio”.
AUTHORITY/DISCRETION
Council has discretion under Clause 2.3.9 of the Scheme to determine applications for development approval.
BACKGROUND
APPLICANT: Sarah Glover
OWNER: Kevin John Fetts
ZONING: TPS - General Industrial
MRS - Industrial
STRATEGY/POLICY: N/A
DEVELOPMENT SCHEME: N/A
EXISTING LAND USE: Showroom/Warehouse/Office
LOT SIZE: 2972m2
AREA: 260m2
USE CLASS: Health Studio: “P”
Item 3.3 (Cont’d 2)
DETAILS OF THE PROPOSAL
The applicant is seeking to establish a Curves Health and Wellness Centre within unit 4/63 Oxleigh Drive, Malaga. The business is part of a world wide franchise that specialises is nutrition, weight management and wellness for women and activities include:
• Figure analysis
• Nutrition and dietary consultation and planning
• Fitness analysis
Individual consultation and programmes are developed for each member but the operation does not entail organised fitness classes, personal trainers, aquatic facilities, showers or elaborate members’
change rooms.
Opening hours are 9am to 1pm and 4pm to 7pm Monday to Friday, with potential for Saturday mornings between 9am and 11am. The average number of members is between 400-500 women with 2 full time staff plus a minimum of 2 part time and casual staff.
DESCRIPTION OF SITE
The subject lot is situated on the north-western corner of the intersection of Oxleigh Drive and Townsend Street in Malaga. The site comprises six two storey showroom/warehouse units with 44 sealed car parking bays along Oxleigh Drive/Townsend Street with access available from both streets.
SITE HISTORY/PREVIOUS APPROVALS
The subject unit was originally approved as part of an overall complex of 6 Showroom/
Warehouse/Office units approved 30 August 1995.
APPLICANT’S SUBMISSION
The applicant has provided the following justification for the proposed variation to the Scheme parking requirements:
• Maximum number of persons at any one time is 8-10 people - two employees.
• Highest member traffic is from 5pm-7pm (after work) when other units are closed;
• Members are encouraged to walk/cycle to curves - thereby reducing the number of people driving and requiring parking;
• Members traditionally work out with a friend and therefore car pool;
• No allocated parking bays to units, which indicates that parking has never been an issue;
• Current units owners/lessees run businesses that do not have customer traffic;
• Roadside parking in Townsend Road; and
Item 3.3 (Cont’d 3)
• Previous tenant to Unit 4 had far higher traffic and parking was never an issue; and
• No objections from other units to have Curves at Unit 4.
REPORT
Permissibility of Use
The proposal has been classified as a “Health Studio” which is a “P” use in the General Industrial zone.
Car Parking
Whilst there is no specific parking standard for a “Health Studio” under the Scheme it is considered reasonable and appropriate to utilise the parking standard for “Health Centre” which specifies 1 space for every 14m2 of gross floor area available to the public. Applying this ratio, the use of Unit 4 for the purposes intended by the applicant would generate a requirement for 18 car parking bays. The net parking demand for the site inclusive of the proposed Curves premises would therefore be 55 bays.
Forty-four bays have been provided as part of the original approval which would result in a net shortfall of 11 bays.
The applicant contends that the maximum number of patrons at any one time would be 8-10 persons and that the peak patronage period would be between 4pm and 7pm - effectively after hours when the other units would be closed. Conflict for parking would therefore not occur. It is noted that currently only four of the six tenancies are occupied. A site inspection undertaken in the late afternoon on a weekday counted only 12 bays out of 44 in use. Given this and based on the estimated patronage numbers and peak periods for the proposed Curves franchise, it is considered that the proposed variation to the Scheme parking standard as calculated for the entire site will not generate a real parking problem. It is therefore recommended that the variation be supported and Council approve the proposed change of use.
OPTIONS AND IMPLICATIONS
Option 1: Council may resolve to 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 standard conditions.
This is the recommended option.
Implications: The applicant can operate from the site.
Option 2: Council may resolve not to approve the variation of 11 bays to the net parking required onsite with this proposal and not approve the proposed Change of Use of unit
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