3.5 PROPOSED MODIFICATION TO OUTLINE DEVELOPMENT …

Ordinary Meeting of Council 10 December 2008

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3.5 PROPOSED MODIFICATION TO OUTLINE DEVELOPMENT PLAN NO.73 - DEVELOPMENT PLAN 1 - "SPECIAL PURPOSE - GNANGARA LOCAL CENTRE" - LOT 845 GNANGARA ROAD, AVELEY - PROPOSED INCREASE TO THE DESIGNATED FLOORSPACE LIMIT

(Ellenbrook) (Development Services)

KEY ISSUES

• An application has been submitted to develop 1347m2 of commercial floor space on the Lot 845, Gnangara Road, Aveley.

• A previous application for a slightly larger sized development in a different configuration was approved in January of this year under delegated authority.

• The proposal entails a variation to the Development Plan component of the Structure Plan applicable to Aveley, which designates this site as a Local Centre with a nominal floor space ceiling in the order of 250m2.

• The variation is being publicly advertised for a period of 21 days in accordance with Scheme requirements with closing date for submissions being the 8 December. At the time of writing this report (3 Dec.) 10 submissions had been received, 5 of these objections on the grounds of traffic congestion, the inappropriate nature of the proposed uses (liquor store) in proximity to a school, rubbish, graffiti, noise and anti-social behaviour.

• The proposed uses are considered compliant with the range of uses permitted under the Structure Plan, qualifying as either “Fast Food Outlet” or “Shop Local” therefore their location is appropriate. Concern with potential rubbish, graffiti and bad behaviour are speculative and cannot be substantiated.

• Whilst the proposed development represents a significant increase to the designated floor space for this Lot indicated in the Structure Plan, the variation is considered acceptable because the increase is still less than the total retail floor space that is allocated for the Aveley area under the Plan, with one of the neighbourhood centres developed well less then its designated maximum floor space.

• Both the types of land use and the actual proposed range of tenants that will occupy the development are not likely to pose any adverse impact on the viability of the proposed Neighbourhood Centre A. The size of the development is too small to meaningfully quantify any such impact through a retail impact assessment.

• The proposal entails variations to the setbacks stipulated in the detailed Area Plan for the lot and an overall variation to the number of parking bays required under the Scheme by 7%. The modified layout of the buildings, with increased perimeter landscaping than that provided under the earlier approval is considered to be a better design outcome and justifies this variation to setbacks. The parking variation is similar to that previously approved, however


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the applicant will need to execute. As a condition of any further approval, an agreement for reciprocal shared parking, given that consent to subdivide the lot in two has been issued by the WAPC.

It is recommended that Council resolve to:

• Adopt the variation to Outline Development Plan No. 73 – Egerton (Aveley) Development Plan 1 to permit an increase in the retail floor space of the “Gnangara Local Centre” from its nominal 250m2 NLA to allow the proposed development of a 1347m2 commercial development on the eastern portion of Lot 845 Gnangara Road, Aveley, subject to:

Prior to the issue of a building licence -

(i) The applicant executing a deed of agreement, with the City as a party, for reciprocal parking and access between any two lots created out of the subject lot should these be subdivided; and

(ii) Standard and special conditions as imposed in the previous City approval dated 3 January 2008 and any other conditions at the discretion of the City's Principal Planner.

AUTHORITY/DISCRETION

Council has the discretion under Clause 5A.1.14 to vary a structure plan.

BACKGROUND

Applicant: Hindley and Associates Pty Ltd Owner: M.E.A.L. Pty. Ltd. and Fahrenheit Nominees Pty. Ltd. Zoning: TPS - Special Purpose (Gnangara Local Centre) MRS - Urban Strategy/Policy: City of Swan Commercial Centres Strategy Development Scheme: Outline Development Plan 73 Existing Land Use: Commercial Lot Size: Lot 845 = 1.06 ha Lot 2 = 5362m2 Area: 1347m2 Use Class: “Shop – Local” and “Fast Food Outlet” “AA”

DETAILS OF THE PROPOSAL

The applicant is proposing to develop a commercial centre of 1347m2 comprising eight individual tenancies as follows:

Tenancy 1: liquor store (350m2) with drive-thru facility

Tenancy 2: convenience store (160m2)


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Tenancy 3: video store (260m2)

Tenancy 4: unknown (100m2)

Tenancy 5: unknown (100m2)

Tenancies 6-8: takeaway food (100m2 per tenancy)

DESCRIPTION OF SITE

The subject lot is the eastern half of what was formerly Lot 845, a regularly configured block of approximately 1 hectare in area situated at the north-eastern corner of Henley Brook Drive and Gnangara Road in Aveley. The western portion of the site, which has been subdivided, comprises a Hungry Jacks outlet, coupled with an approved KFC outlet (yet to be constructed).

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

The City approved a development application for 1388m2 of commercial floor space on the western portion of the original Lot 845 on 3 January 2008 under delegated authority.

Council, at the OCM of 14 June 2000 considered final adoption of Development Plan 1. In parts of its deliberations it resolved not to support a proposed 8.64 hectare business park along Gnangara Road on the basis it did not wish to pre-empt the Ellenbrook Town Centre nor provide a precedent for “ribbon development” along this road.

The subject lot is the only such zoned site along Gnangara Road contained within the Structure Plan and the proposal is in accordance with that zoning. It is therefore not considered to provide a precedent for further development along Gnangara Road and its scale has no potential impact on the Ellenbrook Town Centre.

APPLICANT'S SUBMISSION

The Applicant has provided the following comments in support of the proposal, which is summarised as follows:

• Proposal contains less floor space then the original approval;

• Extra landscaping treatment has been incorporated into development to improve visual amenity;

• Permeability of development is improved; and

• Staggering of the front setbacks allows for better “visibility” of the development from Gnangara Road.


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PUBLIC CONSULTATION

The proposed modification was advertised for public comment for a period of 21 days in accordance with Scheme requirements. A total of 10 submissions were received, comprising 5 objections citing concern with traffic congestion, the inappropriate nature of the proposed uses (liquor store) in proximity to a school, rubbish, graffiti, noise and anti-social behaviour.

These issues will be addressed further in the report.

REPORT

City of Swan Commercial Centres Strategy

The Commercial Centres Strategy incorporates the retail/commercial hierarchy relative to the Aveley area as provided for under Centres Strategy contained within the DOP 73 "Egerton Development Plan 1 Review 2004" document. The subject lot is designated as a local centre with a nominal 250m2 floorspace limit. One significant point of departure is that the City's Commercial Centres Strategy identifies the retail component of what will be the Ellenbrook District Centre as being of a neighbourhood centre size. Outline Development Plan 73 and the retail modelling undertaken as part of this structure plan considers alternate scenarios which effects the allocation of retail floor space within Aveley.

Outline Development Plan 73

Range of Uses Permissible

ODP 73 “Egerton Development Plan 1 Review 2004” designates the subject site as part of the “Gnangara Local Centre”. The uses that the Development Plan provides for within this centre are limited to “Service Station”, “Fast Food Outlet”, “Car Wash Station”, “Car Park”, ”Convenience Store”, “Restaurant”, “Shop – Local” and “Any Other Uses Not Listed”.

These uses which are incorporated into the Development Plan are use categories that were comprised and defined within the City’s former Town Planning Scheme No.9. By virtue of reference under the current Local Planning Scheme No.17 to the adopted Structure Plan for this locality, any application for the “Gnangara Local Centre” must be considered within this land use framework.

The proposed takeaway food outlets which will comprise proposed tenancies 6, 7 and 8 satisfactorily fall within the category of “Fast Food Outlet”. With respect to proposed tenancies 1 through to 5, it needs to be established that the occupiers of these fall within the definition of “Shop – Local”. “Shop – Local” was defined within TPS9 as:

“..means the use of land and buildings wherein the only goods or services offered for sale are foodstuff, toiletries, stationery, or goods and services of a similar domestic nature, intended for day to day consumption or use by persons living or working in the locality of the shop and which may include a delicatessen, greengrocery, general smallgoods, butchers shop, newsagency, hairdressers, chemist, but not a supermarket, and any other shop which in the opinion of Council serves the day to day shopping needs of the locality”.


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The proposed convenience store for tenancy 2 clearly falls within this definition. The liquor store and video store are also considered by staff to serve a general day to day need, comparable in function to a butchers shop or hairdressers and therefore, in accordance with the definition, qualifies within the land use category of “Shop – Local”.

Tenancies for and five have not been finalised at this juncture however any approval will stipulate as a condition that any tenant complies with the definition of “Shop –Local” in accordance with the Structure Plan requirements.

Floor Space and Retail Hierarchy

The “Egerton Development Plan 1 Review 2004” document contains within its appendices a Centres Strategy which details the modelling and centres classification system for the designated commercial centres proposed within the structure plan area. This system designates the provision of two neighbourhood centres and three local centres within the locality of what is now named Aveley. The Centres Strategy modelled several scenarios for floor space provision within the structure plan area, based on the designation of the Ellenbrook District Centre area to the north as a district centre or, alternatively, a smaller neighbourhood centre. These two scenarios provided the total retail floor space allocation within the structure plan area as either 8,200m2 NLA or 9,500m2 NLA. Under the first scenario, the allocation of the 8,200m2 NLA was indicated as 4,100m2 NLA for Centre A and 3,500m2 for Centre B with 600m2 NLA distributed between the there designated local centres. The “Gnangara Local Centre” is currently designated with a nominal floor space of 250m2.

The Centres Strategy details the need for flexibility in the application of retail floor space provision rather than a rigid adherence to the above nominated floor space figures. The Strategy accepts the proper and desirable approach at the development control stage is for every application to be dealt with on its merits, with however necessary reference to the potential impact of any such application on the adopted and endorsed retail hierarchy. It is noted that the proposed modification to the floor space provision for this centre is an alteration from 250m2 to 1347m2, not including the existing approved Hungry Jacks and KFC fast food outlets. In considering the proposed variation, the following points are noted:

• The development approval for Centre A provided for only 2731.5m2 of retail floor space with a total of 3319.4m2 of commercial floor space including office space. This is an under provision of 1368.5m2 of retail area to that which was modelled for this centre under the Centres Strategy contained within the “Egerton Development Plan 1 Review 2004” document.

• The City’s Commercial Centres Strategy designates the Ellenbrook District centre in fact as a neighbourhood centre with a nominal size range in the order of 4,500m2 – 6500m2 NLA as opposed to the 15,000m2 NLA that would apply to a “District” level designation. The retail component in this location may not be developed for some 5 to 8 years and market conditions will determine the exact size of the centre built at this time. Referring back to the Centres Strategy in the Egerton Development Plan, under this scenario the floor space allocation for Centre A would be up to 4,800m2 NLA, approximately 2000m2 less than what has been applied for and approved. Again this indicates an actual under provision of retail floor compared tom what is modelled and allocated for the Aveley locality.

• The retail proposed under this development is of a convenience nature that seeks to capitalise on the visibility and accessibility of the site to passing trade at this


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juncture of two major roads. The scale and mix of uses differs from that approved for Centre A, which is anchored by a supermarket and includes a café, chemist, medical centre and future child care centre and has been developed, to a degree, along “Main Street” principles. Given these differences in the mix of uses and design format between the centres, it is unlikely that the proposed development of the “Gnangara Local Centre” would compete with Centre A to an extent that could undermine the viability of Centre A.

• A retail impact analysis is normally required to gauge the extent of any potential impact of a proposed new or expanded retail development on an existing retail development as a result of diversion of trade. The Western Australian Planning Commissions Metropolitan Centres Policy indicates this as normal requirement for proposals exceeding 5000m2 NLA. It is understood that development of the scale proposed here is too small to facilitate any meaningful quantitative analysis with respect to diversion of trade.

The proposed variation to increase the designated floor space for the “Gnangara Local Centre” is well within the parameters of the floor space modelling provided within the Centres Strategy for the overall Aveley locality. By virtue of the nature and format of tenancies proposed there should be limited competition with the approved but not as yet constructed Centre A. Notwithstanding, if it would not be possible to accurately quantify the extent of any such competitive impact then it is also considered unlikely that a refusal of the proposed development could be substantiated in a review situation in the SAT.

Plot Ratio, Setbacks and Landscaping

The proposed development complies with the plot ratio requirements of the Scheme for commercial buildings of this nature. The proposed building which would contain tenancies 4 to 8 has a parapet wall of approximately 8 metres in length at the boundary to Tolj Loop with the balance of the building setback 2.6 metres from the boundary. The setback to the boundary abutting Gnangara Road is 5.5 metres. This is a variation to the prescribed setbacks detailed under the Detailed Area Plan, which specifies a setback of 6 metres to the boundary with Tolj Loop and 14 metres to Gnangara Road. In respect of the proposed variation to the setback to Tolj Loop it is noted that this new application eliminates the parking and reduces the internal access road along this boundary which was part of the previous approval. Further a landscaping strip is proposed where this was not present under the previous approved plan. The proposed new design with the setback variation to the DAP is considered an improvement in terms of amenity for residences along Tolj Loop through the elimination of potential for vehicle headlights penetrating into houses across the road and also softening/screening the development with planted vegetation. It is recommended that Council support this variation to the DAP for these reasons.

In terms of the reduced setback to Gnangara Road it is noted that this is only for a length of some 18 metres along the 55 metre frontage of the lot and within the wider context of the site only 18 metres along a frontage of 92 metres. This is considered to have minimal impact to the presentation of the development as viewed from Gnangara Road and accordingly it is recommended that Council also support this variation.

The Detailed Area Plan stipulates 10% site landscaping with 1.5 metre wide strips along both the Gnangara Road and Henley Brook Avenue frontages. Whilst the latter requirement has been complied with, the overall landscaping component, particularly in the eastern portion of the subject lot, is approximately 5-6%. There is scope for


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incorporation of further landscaping treatment within kerbing and paved areas and it is recommended that the applicant submit a further plan that includes this.

Car parking

The total parking requirement for the development across the two lots is 162 bays, 52 bays for the Hungry Jacks and KFC outlets and 109 bays for the proposed development on the subject Lot 2. This application proposes 52 bays within Lot 2 but indicates that combined there is 134 parking bays plus stacking room in the three drive through components to accommodate 17 vehicles making a total of 151 bays. Whilst this constitutes a minor variation to the Scheme standard of 7% it is necessary for a deed of agreement to be entered into, with the City as a party, to provide for reciprocal parking arrangements between the lots. Accordingly it is recommended that Council delegate to the Principal Planner authority to approve the actual development application pending the resolution of such an agreement.

Traffic

Access to the site is limited by the applicable Detailed Area Plan to Henley Brook Avenue and Gnangara Road. No traffic generated by the development will utilise local residential streets and thereby potentially impact on the amenity of surrounding residents.

Social implications

The structure plan provides for the range of commercial uses proposed to be approved on the site. It is conjecture to assume that the proposal will generate anti-social behaviour and accordingly does not constitute sustainable grounds for a refusal.

OPTIONS AND IMPLICATIONS

Option 1: Council can resolve to not support the variation to Outline Development Plan No. 73 - Egerton (Aveley) Development Plan 1 to permit an increase in the retail floor space of the "Gnangara Local Centre" from its nominal 250m2 NLA and refuse the proposed development of a 1347m2 commercial development on the eastern portion of Lot 845 Gnangara Road, Aveley for the following reasons:

• The proposed increase in retail floor space is inconsistent with the nominal maximum floor space for the "Gnangara Local Centre" as provided in the Structure Plan, and

• The proposed increase in floor space for this centre has the potential for adverse impact on the adopted retail hierarchy for Aveley and the Viability for existing and future retail/commercial areas.

This is not the recommended option.

Implications: The applicant has a right of appeal in the State Administrative Tribunal and in any event could implement the earlier development approval for a slightly larger sized facility with a different configuration.


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Option 2: Council can resolve to adopt the variation to Outline Development Plan No. 73 - Egerton (Aveley) Development Plan 1 to permit an increase in the retail floor space of the "Gnangara Local Centre" from its nominal 250m2 NLA to allow the proposed development of a 1347m2 commercial development on the eastern portion of Lot 845 Gnangara Road, Aveley, subject to:

• The applicant executing a deed of agreement, with the City as a party, for reciprocal access and parking between any two lots created out of the subject (parent) lot should these be subdivided; and

• Standard and special conditions as imposed in the previous City approval dated 3 January 2008 and any other conditions at the discretion of the City's Principal Planner.

This is the recommended option.

Implications: The proposal is a variation to the City's Commercial Centres Strategy and the Structure Plan. The City has previously entertained variations to retail floor space provisions contained within Structure Plans based on the merits of individual proposals. Any favourable consideration of this proposal by Council would not of itself constitute a precedent but is in fact a determination based on the specific merits of the development.

CONCLUSION

An application has been submitted to develop 1347m2 of commercial floor space on Lot 845 Gnangara Road, Aveley. A previous application for a slightly larger sized development in a different configuration was approved in January of this year under delegated authority.

The proposal entails a variation to the Development Plan component of the Structure Plan applicable to Aveley, which designates this site as a Local Centre with a nominal floor space ceiling in the order of 250m2.

The variation is being publicly advertised for a period of 21 days in accordance with Scheme requirements with closing date for submissions being the 8 December. At the time of writing this report (3 December) 10 submissions had been received, 5 of which were objections on the grounds of traffic congestion, the inappropriate nature of the proposed uses (liquor store) in proximity to a school, rubbish, graffiti, noise and potential anti-social behaviour.

The proposed uses are considered compliant with the range of uses permitted under the Structure Plan, qualifying as either "Fast Food Outlet" or "Shop Local" therefore their location is appropriate. Concerns with potential rubbish, graffiti, noise and anti-social behaviour are speculative and cannot be substantiated.

Whilst the proposed development represents a significant increase to the designated floor space for this lot indicated in the Structure Plan, the variation is considered acceptable because the increase is still less than the total retail floor space that is allocated for the Aveley area under the Plan, with one of the neighbourhood centres developed well less than its designated maximum floor space.


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Both types of land use and the actual proposed range of tenants that will occupy the development are not likely to pose any adverse impact on the viability of the proposed Neighbourhood Centre A. The size of the development is too small to meaningfully quantify any such impact through a retail impact assessment.

The proposal entails variations to the setbacks stipulated in the Detailed Area Plan for the lot and an overall variation to the number of parking bays required under the Scheme by 7%. The modified layout of the buildings with increased perimeter landscaping than that provided under the earlier approval is considered to be a better design outcome and justifies this variation to setbacks. The parking variation is similar to that previously approved however the applicant will need to execute, as a condition of any further approval, an agreement for reciprocal shared parking, given that consent to subdivide the lot in two has been issued by the Western Australian Planning Commission.

It is recommended that Council resolve to:

Adopt the variation to Outline Development Plan No. 73 - Egerton, (Aveley) Development Plan 1 to permit an increase in the retail floor space of the "Gnangara Local Centre" from its nominal 250m2 NLA to allow the proposed development of a 1347m2 commercial development on the eastern portion of Lot 845 Gnangara Road Aveley, subject to:

Prior to the issue of a building licence -

(i) The applicant executing a deed of agreement, with the City as a party, for reciprocal access and parking between any two lots created out of the subject lot should these be subdivided; and


ATTACHMENTS

• ODP 73 Development Plan 1

• Site Plan

• Elevations

STRATEGIC IMPLICATIONS

The proposal is a variation to the City's Commercial Centres Strategy and the Structure Plan. The City has previously entertained variations to retail floor space provisions contained within Structure Plans based on the merits of individual proposals. Any favourable consideration of this proposal by Council would not of itself constitute a precedent but is in fact a determination based on the specific merits of the development.


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STATUTORY ENVIRONMENT

City of Swan Local Planning Scheme No. 17

FINANCIAL IMPLICATIONS

Nil

RECOMMENDATION

That the Council resolve to:

1) Adopt the variation to Outline Development Plan No. 73 - Egerton, (Aveley) Development Plan 1 to permit an increase in the retail floor space of the "Gnangara Local Centre" from its nominal 250m2 NLA to allow the proposed development of a 1347m2 commercial development on the eastern portion of Lot 845 Gnangara Road Aveley, subject to:

a) Prior to the issue of a building licence:

(i) The applicant executing a deed of agreement, with the City as a party, for reciprocal access and parking between any two lots created out of the subject lot should these be subdivided; and


The following was tabled at the meeting:

Addendum to Report

At the close of the public advertising period at 5pm Monday 8 December 2008 there were five further submissions, bringing the total received to 15 submissions, with 8 objections and one qualified objection.

Further to the grounds of traffic congestion, inappropriate nature of the proposed uses (fast food and liquor) in proximity to a school, potential generation of rubbish and graffiti which have already been noted in submissions, additional concerns raised in the three objections were:

• Adverse impact on visual amenity on main route into Swan Valley; and

• Lack of need for second liquor outlet within the locality.

The qualified objection did not oppose the proposed increase in floor space, but suggested:


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• The processing of the proposed modification to the Structure Plan be separated from the processing of the development application;

• That the proposed modification to the Structure Plan requires the approval of the Western Australian Planning Commission and that any consideration of the development application should await the decision of the WAPC to the Structure Plan modification; but the proposed liquor store should not be located in the Gnangara Local Centre as it would impact on the optimal distribution of local services in Village Centre A, which is specifically designed and located centrally for such uses, and would be a more appropriate location for such a store;

• Access to the site off Gnangara Road should be left in and left out only with prevention of right hand turns into the site;

• Circulation of cars to the rear of the liquor and retail stores should be restricted to service vehicles and not provided as a public thoroughfare; and

• Use of link mesh fence along lot frontage to Dulegal Way and Tolj Loop is opposed, with the suggested alternative being a solid brick or limestone wall with anti-graffiti coating.

City staff provide the following response to these maters in sequential order below:

Visual Impact

The proposed development has been sited and incorporated with landscaping to optimise its presentation to its surroundings. The assertion that the nature of the proposed uses will have an adverse visual relationship with the Swan Valley to the east and are therefore inappropriate is not supported by the reality of the zoning of the land and the fact that similar development exists and has been approved on the other side of Gnangara Road at this juncture.

Need for Liquor Store

The planning framework is only concerned with the location, size and general category (use class) of commercial activity. It does not seek to restrict the amount of particular retail activities (ie the number of butchers, clothing shops or the like) within a locality but properly leaves this to market forces.

Assessment Process

The assertion that the Structure Plan modification and Development Application should be separated, with the development application dealt with by Council only after the Structure Plan modification is approved by the WAPC is incorrect.

Structure Plans and any modifications to them only require the endorsement of the WAPC where they propose the subdivision of land (see Cl. 5A.1.10.1 of Local Planning Scheme No.17). Clause 5A.1.14.2 provides that, where a variation to a Structure Plan does not propose the subdivision of land, the local government is only required to forward a copy of the variation to the WAPC (for notification purposes).

The merit of the proposed variation to the Structure Plan can only be properly assessed in conjunction with the detail provided within the development application. Separation of the two is neither required nor desirable in this instance.


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Location of Liquor Store

As stated above there is nothing in the Structure Plan that suggests where particular types of retailing should be located other than the broad categories of use classes that are designated for the various centres. Accordingly there is nothing to substantiate a refusal of a development application on the grounds that the liquor store should not be located on this site but rather within Village Centre A.

Access

A traffic impact assessment is required to determine whether the likely extent of right turn movements into the site from Gnangara Road would generate queuing lengths detrimental to the level of service of the road. Should such an assessment indicate that levels of service would be detrimentally affected then options to alleviate such impact, including possibly road upgrading, is contemplated as a condition of any approval.

Internal vehicle circulation

The areas to the rear of the liquor and retail tenancies are for service vehicle access.

Fencing

It is considered that appropriately landscaped mesh fencing can provide appropriate screening and would not be subject to graffiti in the manner that a wall would.

MOTION that the Council resolve to:

1) Adopt the variation to Outline Development Plan No. 73 - Egerton, (Aveley) Development Plan 1 to permit an increase in the retail floor space of the "Gnangara Local Centre" from its nominal 250m2 NLA and approve the proposed development of a 1347m2 commercial development on the eastern portion of Lot 845 Gnangara Road Aveley, subject to:

a) Proposed tenancies 2 and 3, marked “Retail” on the submitted site/floor plan, are approved for a convenience store and video (DVD) store.

b) All tenancies within the approved development must comply with the definition of “Shop-Local” where “Shop-Local” means the use of land and buildings wherein the only goods or services offered for sale are foodstuff, toiletries, stationery, or goods and services of a similar domestic nature, intended for day to day consumption or use by persons living or working in the locality of the shop and which may include a delicatessen, greengrocery, general smallgoods, butchers shop, newsagency, hairdressers, chemist, but not a supermarket, and any other shop which in the opinion of Council serves the day to day shopping needs of the locality.

c) Prior to the issue of a building licence, a Landscape Plan must be submitted to the City of Swan for approval. The Plan is to detail landscaping treatment along the Dulegal Way and Tolj Loop frontages of the lot, with species of sufficient mature height to achieve a degree of screening of the proposed chain mesh fence and rear service areas of the development. For the purpose of these conditions a detailed


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landscape plan shall be drawn to a scale of 1:100. Guidelines are available from the City of Swan.

d) 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.

e) All pavements on the site must be capable of accepting anticipated loadings (including accessways, parking areas, storage and hardstands). The City will not accept any responsibility for subsequent failure of any pavement.

f) Vehicle parking area, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.

g) A total of 134 parking bays shall be provided, each measuring 5.5 x 2.5 metres, clearly marked on the ground and served by a 6 metre wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5 metres is required. Disabled bays to measure 5.5 x 3.5m, bays near obstructions to measure 5.5 x 2.8m.

h) Prior to the issuance of a building licence for the proposed commercial development on Lot 845 Gnangara Road, Aveley (“Lot 845”), which lot is shown as proposed Lot 1 on Deposited Plan 55143 and the site plan annexed to the MRS Form 1, the owner of Lot 845 shall enter into a deed of agreement with the City of Swan (“the City”) whereby the owner:-

(i) acknowledges that in the event Lot 845 is subdivided to create Lots 1 and 2 as shown on Deposited Plan 55143 or any other plan of subdivision to create two lots a shortfall in carparking shall exist in respect of proposed Lot 2 and that proposed Lot 1 is required to provide carparking to accommodate the shortfall in carparking on proposed Lot 2; and

(ii) covenants that it shall not sell, transfer, lease or otherwise dispose of proposed Lot 1 and/or 2 separately, unless, on the transfer, lease or disposal of either of Lots 1 and/or 2 an easement is granted or reserved, as the case may be, for carparking purposes for the benefit of proposed Lot 2 over proposed Lot 1 and joining the City as a party to that easement, or, where proposed Lots 1 and 2 are sold, transferred, leased or disposed of to the same person simultaneously, that person enters into an agreement with the City to cover the matters set out in paragraphs (i) and (ii) of this Condition.

The agreement shall be prepared by the City's solicitors to the satisfaction of the City and enable the City to lodge an absolute caveat over Lot 845 or the proposed Lots 1 and 2 as the case may be. The owner shall be responsible to pay all costs associated with the City's solicitor's costs of and incidental to the preparation of (including all drafts) and stamping of the agreement and the lodgement of the absolute caveat.


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i) The applicant/landowner to conduct a Traffic Impact Statement including a SIDRA analysis to ascertain the level of service along Gnangara Road with respect to the access onto the subject site. Such assessment to be conducted by a suitably qualified traffic engineer in consultation with City Staff, and the findings of the assessment to be translated into solution/options and be implemented by the applicant/landowner to the satisfaction of the City of Swan.

j) All stormwater is to be collected and contained onsite. No stormwater is to be discharged from the property into other land or reserves. Stormwater drainage plans are to be included at submission of building licence application.

k) No fluid, other than uncontaminated stormwater is to enter any stormwater drain without prior approval from the City and the Environmental Protection Authority.

l) All drainage to be constructed as per approved plans certified by a practising Civil Engineer.

m) The applicant shall submit detailed plans and specifications including the site feature survey of a licensed surveyor, levels (proposed), earthworks, drainage, crossovers, access ways, hardstands, carports, parking bays, loading bays, lighting, existing easements, pavement details, proposed service connections and compound and refuse/bulk bin areas. 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.

n) All crossovers must be built and maintained in accordance with City's specifications.

o) All construction works within the road reserve including crossovers, drainage infrastructure, service adjustment, landscaping and footpath placement or reinstatement, must be built and maintained in accordance with the City's specifications. Failure to do so may result in these works being removed and reinstated by the City at the applicant's expense.

p) At occupancy, the owner is responsible for the maintenance of the crossover, landscaping and reticulation in the verge.

q) The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.

r) Emergency lighting design is to be prepared by a qualified electrical consultant.

s) 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.


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t) Refuse bin areas adequate to service the development shall be provided to the satisfaction of the City’s Principal Environmental Health Officer before the development is occupied or used.

u) The development must be connected to the Water Corporation’s sewer where available.

v) The applicant/owner shall obtain approval from the Department of Industry and Resources for the storage of Chemical/dangerous goods in accordance with the Dangerous Goods Regulations. For further advice contact the Duty Inspector of the Explosives and Dangerous Goods Division on 9222 3333.

For goods stored underground within an Underground Water Pollution Control Area, subject to approval from the Water and Rivers Commission (Ph: 9278 0300).

w) Premises to comply with the Health (Public Building) Regulations, 1992.

x) No products, materials or other goods whatsoever are to be stored outside of the building, unless in a designated area approved by the City for that purpose.

y) Potentially unsightly areas (e.g storage yards) must be screened from view from any public street and/or surrounding development by a 1.8m opaque wall or by existing and/or proposed newly planted vegetation, as approved by the City.

z) Floodlights shall not be illuminated after 10:00 pm, or 15 minutes after the last business ceases trading for the day, whichever is the later, with all illumination being confined to the development, or as otherwise approved by the City of Swan in writing.

aa) A plan or description of all pylon signs for the proposed development shall be submitted and approved by the City of Swan as a separate development application.

bb) No bunting is to be erected on the site. (Bunting here includes streamers, streamer strips, banner strips or decorations of similar kind).

cc) 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.

ADVICE NOTES

i) Take notice that it is the responsibility of the applicant to advise the landowner(s) and/or builder(s) of the need to satisfy the requirements of the conditions of the planning approval for the subject lot, prior to or on lodgement of Building Applications. The City will not issue a Building Licence until all the conditions of planning approval and any other requirements pertaining to this planning approval have been met (including payment of fees and charges).


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ii) Development may be carried out only in accordance with the terms of the application as approved herein and any approved plan.

iii) This is a Development approval of the City of Swan 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.

(iv) 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) Record that the reason for changing the Recommendation is to address the concerns raised by the Ward members, particularly the issues of traffic management and safety.

(Cr Cheung - Cr Jones)

RESOLVED UNANIMOUSLY TO:

1) Adopt the variation to Outline Development Plan No. 73 - Egerton, (Aveley) Development Plan 1 to permit an increase in the retail floor space of the "Gnangara Local Centre" from its nominal 250m2 NLA and approve the proposed development of a 1347m2 commercial development on the eastern portion of Lot 845 Gnangara Road Aveley, subject to:

a) Proposed tenancies 2 and 3, marked “Retail” on the submitted site/floor plan, are approved for a convenience store and video (DVD) store.

b) All tenancies within the approved development must comply with the definition of “Shop-Local” where “Shop-Local” means the use of land and buildings wherein the only goods or services offered for sale are foodstuff, toiletries, stationery, or goods and services of a similar domestic nature, intended for day to day consumption or use by persons living or working in the locality of the shop and which may include a delicatessen, greengrocery, general smallgoods, butchers shop, newsagency, hairdressers, chemist, but not a supermarket, and any other shop which in the opinion of Council serves the day to day shopping needs of the locality.

c) Prior to the issue of a building licence, a Landscape Plan must be submitted to the City of Swan for approval. The Plan is to detail landscaping treatment along the Dulegal Way and Tolj Loop frontages of the lot, with species of sufficient mature height to achieve a degree of screening of the proposed chain mesh fence and rear service areas of the development. For the purpose of these conditions a detailed landscape plan shall be drawn to a scale of 1:100. Guidelines are available from the City of Swan.


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d) 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.

e) All pavements on the site must be capable of accepting anticipated loadings (including accessways, parking areas, storage and hardstands). The City will not accept any responsibility for subsequent failure of any pavement.

f) Vehicle parking area, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.

g) A total of 134 parking bays shall be provided, each measuring 5.5 x 2.5 metres, clearly marked on the ground and served by a 6 metre wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5 metres is required. Disabled bays to measure 5.5 x 3.5m, bays near obstructions to measure 5.5 x 2.8m.

h) Prior to the issuance of a building licence for the proposed commercial development on Lot 845 Gnangara Road, Aveley (“Lot 845”), which lot is shown as proposed Lot 1 on Deposited Plan 55143 and the site plan annexed to the MRS Form 1, the owner of Lot 845 shall enter into a deed of agreement with the City of Swan (“the City”) whereby the owner:-

(i) acknowledges that in the event Lot 845 is subdivided to create Lots 1 and 2 as shown on Deposited Plan 55143 or any other plan of subdivision to create two lots a shortfall in carparking shall exist in respect of proposed Lot 2 and that proposed Lot 1 is required to provide carparking to accommodate the shortfall in carparking on proposed Lot 2; and

(ii) covenants that it shall not sell, transfer, lease or otherwise dispose of proposed Lot 1 and/or 2 separately, unless, on the transfer, lease or disposal of either of Lots 1 and/or 2 an easement is granted or reserved, as the case may be, for carparking purposes for the benefit of proposed Lot 2 over proposed Lot 1 and joining the City as a party to that easement, or, where proposed Lots 1 and 2 are sold, transferred, leased or disposed of to the same person simultaneously, that person enters into an agreement with the City to cover the matters set out in paragraphs (i) and (ii) of this Condition.

The agreement shall be prepared by the City's solicitors to the satisfaction of the City and enable the City to lodge an absolute caveat over Lot 845 or the proposed Lots 1 and 2 as the case may be. The owner shall be responsible to pay all costs associated with the City's solicitor's costs of and incidental to the preparation of (including all drafts) and stamping of the agreement and the lodgement of the absolute caveat.

i) The applicant/landowner to conduct a Traffic Impact Statement including a SIDRA analysis to ascertain the level of service along Gnangara Road with respect to the access onto the subject site. Such


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assessment to be conducted by a suitably qualified traffic engineer in consultation with City Staff, and the findings of the assessment to be translated into solution/options and be implemented by the applicant/landowner to the satisfaction of the City of Swan.

j) All stormwater is to be collected and contained onsite. No stormwater is to be discharged from the property into other land or reserves. Stormwater drainage plans are to be included at submission of building licence application.

k) No fluid, other than uncontaminated stormwater is to enter any stormwater drain without prior approval from the City and the Environmental Protection Authority.

l) All drainage to be constructed as per approved plans certified by a practising Civil Engineer.

m) The applicant shall submit detailed plans and specifications including the site feature survey of a licensed surveyor, levels (proposed), earthworks, drainage, crossovers, access ways, hardstands, carports, parking bays, loading bays, lighting, existing easements, pavement details, proposed service connections and compound and refuse/bulk bin areas. 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.

n) All crossovers must be built and maintained in accordance with City's specifications.

o) All construction works within the road reserve including crossovers, drainage infrastructure, service adjustment, landscaping and footpath placement or reinstatement, must be built and maintained in accordance with the City's specifications. Failure to do so may result in these works being removed and reinstated by the City at the applicant's expense.

p) At occupancy, the owner is responsible for the maintenance of the crossover, landscaping and reticulation in the verge.

q) The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.

r) Emergency lighting design is to be prepared by a qualified electrical consultant.

s) 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.

t) Refuse bin areas adequate to service the development shall be provided to the satisfaction of the City’s Principal Environmental Health Officer before the development is occupied or used.


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u) The development must be connected to the Water Corporation’s sewer where available.

v) The applicant/owner shall obtain approval from the Department of Industry and Resources for the storage of Chemical/dangerous goods in accordance with the Dangerous Goods Regulations. For further advice contact the Duty Inspector of the Explosives and Dangerous Goods Division on 9222 3333.

For goods stored underground within an Underground Water Pollution Control Area, subject to approval from the Water and Rivers Commission (Ph: 9278 0300).

w) Premises to comply with the Health (Public Building) Regulations, 1992.

x) No products, materials or other goods whatsoever are to be stored outside of the building, unless in a designated area approved by the City for that purpose.

y) Potentially unsightly areas (e.g storage yards) must be screened from view from any public street and/or surrounding development by a 1.8m opaque wall or by existing and/or proposed newly planted vegetation, as approved by the City.

z) Floodlights shall not be illuminated after 10:00 pm, or 15 minutes after the last business ceases trading for the day, whichever is the later, with all illumination being confined to the development, or as otherwise approved by the City of Swan in writing.

aa) A plan or description of all pylon signs for the proposed development shall be submitted and approved by the City of Swan as a separate development application.

bb) No bunting is to be erected on the site. (Bunting here includes streamers, streamer strips, banner strips or decorations of similar kind).

cc) 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.

ADVICE NOTES

i) Take notice that it is the responsibility of the applicant to advise the landowner(s) and/or builder(s) of the need to satisfy the requirements of the conditions of the planning approval for the subject lot, prior to or on lodgement of Building Applications. The City will not issue a Building Licence until all the conditions of planning approval and any other requirements pertaining to this planning approval have been met (including payment of fees and charges).

ii) Development may be carried out only in accordance with the terms of the application as approved herein and any approved plan.

iii) This is a Development approval of the City of Swan under its Town Planning Scheme No. 9. It is not a building licence or an approval to


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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.

(iv) 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) Record that the reason for changing the Recommendation is to address the concerns raised by the Ward members, particularly the issues of traffic management and safety.

Documents

3.5 PROPOSED MODIFICATION TO OUTLINE DEVELOPMENT …