3.5 PROPOSED SERVICE STATION (7ELEVEN) - LOT 1 FARRALL ... · The proposed Service Station will operate 24 hours, 7 days a week and employ up to a maximum of three staff at any one

Ordinary Meeting of Council 22 October 2014

3.5 PROPOSED SERVICE STATION (7ELEVEN) - LOT 1 FARRALL ROAD, MIDVALE (DA370-14)

Ward: (Midland/Guildford Ward) (Statutory Planning)

Disclosure of Interest:

Authorised Officer: (Executive Manager Planning)

KEY ISSUES

• The application seeks approval for the construction of a Service Station (7-Eleven store) and associated car parking and signage on the subject lot. The proposed Service Station will operate 24 hours, 7 days a week and provide for the retail sale of petroleum and other convenience goods commonly sold in petrol stations. The carrying out of vehicle servicing, repairs and/or cleaning is not proposed as part of the development.

• The subject lot is zoned “Residential Development” under the City’s Local Planning Scheme No.17 and the permissibility of land uses is to be determined through the preparation and adoption of a Structure Plan.

• There is no adopted Structure Plan in effect for the land, so Council has discretion to determine whether the development of a “Service Station” on the land would prejudice the specific purposes and requirements of structure plan.

• The proposed development was advertised to adjacent landowners and the wider community for a period of 21 days via letters, a sign on the subject lot, and a notification in a local newspaper. Eight submissions were received in response to the advertising period, of which two raised objections to the proposed development and a further four provided comment on the proposal. The most relevant comments cited concerns about the impact of the proposed development on traffic flow and safety at the Morrison Road and Farrall Road intersection.

• The application was referred to a number of agencies for comment due to the nature of the proposed development and the locational context of the development site. Seven submissions were received, however only Main Roads WA (MRWA) raised an objection to aspects of the proposed development relating to fuel-tanker truck access. Other submissions cited no objection subject to the mitigation of potential environmental impacts through standard conditions and advice notes on the approval.

• A number of potential traffic issues were identified during the assessment process and in public and agency submissions, which relate to the impact of the development on the surrounding road network; fuel tanker truck access; on-site vehicle manoeuvrability; and, a combined shortfall of 9 vehicle parking spaces for the proposed and existing development on the lot.

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• In response to these issues, City staff advise that the surrounding road network will be able to cope with the expected volume of traffic generated by the proposed development, and that the proposed access arrangement for fuel tanker trucks has been made acceptable following re-design of the Morrison Road crossover.

• City staff also consider that there is grounds for dispensation for the 9 bay parking shortfall proposed by the development and that potential on-site vehicular manoeuvrability problems may be satisfactorily mitigated through the imposition of conditions should the development be approved.

It is recommended that the Council resolve to grant approval for the proposed Service Station development on Lot 1 Farrall Road, Midvale, subject to conditions.

AUTHORITY/DISCRETION

The subject lot is located within the Residential Development zone, which is deemed to be a Structure Planning Area pursuant to Part 5A of Local Planning Scheme No. 17 (LPS17). Clause 5A.1.4.2 of LPS 17 stipulates that the local government may approve the development of land within a Structure Planning Area prior to a structure plan coming into effect if the local government is satisfied that the development will not prejudice the specific purposes and requirements of the Structure Planning Area.

BACKGROUND

Applicant: Rowe Group Owner: Lyle Slade Lindau and Janis Grace Lindau Zoning: LPS17 - Residential Development MRS - Urban Strategy/Policy: Building and Development Standards Development Scheme: Local Planning Scheme No.17 Existing Land Use: Garden Centre, Fast Food Outlet Lot Area: 1.4444 ha Use Class: “Service Station”

DETAILS OF THE PROPOSAL

The application seeks approval for the construction of a Service Station (7-Eleven store) and associated car parking and signage on the subject lot.

The proposed Service Station will operate 24 hours, 7 days a week and employ up to a maximum of three staff at any one time. The development will provide for the retail sale of petroleum, auto care products and other convenience goods commonly sold in petrol stations or otherwise associated with the 7-Eleven store brand.

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The proposed development will comprise a 223 square metre convenience store, eight petrol pumps and associated service bays and fuel canopy, as well as an air and water supply point. The carrying out of vehicle servicing, repairs and/or cleaning is not proposed as part of the development.

A total of eight vehicle parking spaces are proposed to be located along the frontage of the convenience store. Proposed widening of the existing Morrison Road crossover to accommodate fuel tanker ingress will result in the loss of 3 existing reciprocal use vehicle parking spaces in front of the Garden Centre.

Proposed signage on the subject site will include a 10 metre high digital display price board and two 1.55 metre high pylon directional signs, as well as various fascia signage on the convenience store and fuel canopy. The development also proposes to relocate an existing advertising sign for the Garden Centre to allow for unobstructed views of the proposed price board. All signage will be sited within the property boundary and will be visible from the road reserves.

DESCRIPTION OF SITE

The subject lot is 1.4444 hectares and located on the north-west corner of the Farrall Road and Morrison Road intersection in Midvale. Vehicular access to and from the lot is provided from Morrison Road and Farrall Road via existing crossovers.

The lot is bounded by the Woodbridge Creek and associated vegetation to the north, and a veterinary clinic on Lot 2 (No. 231) Morrison Road to the west. A range of rural residential style development surrounds the lot to the north, east, and west. To the south, on the other side of Morrison Road and within the Shire of Mundaring municipal boundary, is a large parcel of vacant land zoned for service commercial use, as well as various industrial land uses further south. Advice from the Shire of Mundaring is that the vacant parcel of land is subject to a current application for subdivision, however the outcome of this proposal is uncertain at this time.

The subject lot is partially developed with an existing Garden Centre occupying approximately 9,315 square metres of the western portion of the lot, and a Fast Food Outlet (McDonald’s Restaurant) and associated vehicle parking and access way occupying approximately 2,559 square metres of the eastern portion of the lot.

The proposed development site is a 2,570 square metre leased area located between the existing developments on the lot. The leased area includes 14 vehicle parking bays for reciprocal use by the existing McDonald’s Restaurant, and a public access easement that will envelope the proposed Service Station development.

The subject lot is located within the Residential Development zone, which is deemed to be a Structure Planning Area pursuant to Part 5A of Local Planning Scheme No. 17 (LPS17).

SITE HISTORY/PREVIOUS APPROVALS

• DA-2843/1968 – Garden Centre

• DA-3377/1986 – Shed

• DA-3484/1987 – Nursery

• DA-006/2011 – Fast Food Outlets (x3) and Showroom

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At its meeting held on 4 May 2011, Council resolved to grant planning approval for Development Application (DA006/2011)-for the construction of a mixed use development comprising three ‘Fast Food Outlets’ and a ‘Showroom’ and associated car parking, subject to conditions.

Subsequent to this approval, one of the Fast Food Outlets (McDonald’s Restaurant) and associated vehicle parking and access way has been constructed on the eastern and southern portions of the subject lot.

If approved, the proposed development will replace the land previously approved under DA-006/2011 for a mixed use development comprising a Showroom and two Fast Food Outlets.

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

• Outline Development Plan No. 44 and 47 – At its meeting held on 26 July 1995, Council resolved to adopt the ODPs for the Residential Development zoned land. However, the ODPs were never endorsed by the WAPC and are now outdated.

• Proposed West Stratton Structure Plan (SP17-17) – At its meeting held on 15 December 2010, Council resolved to defer consideration of advertising the draft Structure Plan to allow for the resolution of outstanding issues.

It is noted that neither of the adopted Outline Development Plans nor the draft West Stratton Structure Plan were progressed further, and there is currently no endorsed structure plan for the subject lot and surrounding Residential Development zoned land.

APPLICANT'S SUBMISSION

The applicant has provided the following justification in support of the proposed development:

“The Application is proposed to take advantage of the subject site’s location and exposure to passing trade on Morrison and Farrall Roads and provide services that benefit the community.

The proposed replaces the ‘Fast Food Outlets’ and ‘Showroom’ development previously approved on the subject site.

The proposal will also allow for greater utilisation of the subject site than currently experienced, and will create a node of commercial activity that is complementary to the current ‘Residential Development’ zoning. The development will provide local employment opportunities for Midvale residents.

Morrison Road is a District Distributor A road in accordance with Main Roads Western Australia’s Functional Road Hierarchy (1999). Morrison Road, east of Farrall Road, carried approximately 18,100 vehicles per day in February 2014, which as discussed, provides excellent exposure to passing trade for the 7-Eleven Store. It is noted that the McDonald’s Restaurant and 7-Eleven Store are dependent on passing trade in order to be viable, and as such the development’s location on Morrison Road is ideal.

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Development of the subject site will not preclude future development of landholdings in the immediate vicinity of the landholding but rather provide a catalyst for future development and an example of high quality development.”

PUBLIC CONSULTATION

The proposed development was advertised via letters to adjacent landowners, including the Shire of Mundaring, and to the Swan View Community Association and Stratton Community Association community groups for a period of 21 days.

A sign notifying residents of the proposed development was erected on the subject lot and the application was advertised in the Midland Reporter local newspaper for a period of three weeks between 22 July and 12 August 2014.

8 submissions were received in response to the advertising period, of which 2 raised objections to the proposed development. A further 4 provided comment on the proposal, with the remaining 2 submissions providing no objection and no comment.

A summary of the issues raised in the public submissions is provided below and in the attached Schedule of Submissions:

• Impact of the proposed development on traffic flow and safety at the Morrison Road and Farrall Road intersection;

• Adequate number of service stations and fast food outlets already in the local area;

• Safety concerns related to vehicle manoeuvrability within the development site; and,

• Increased incidence of litter associated with the proposed development.

These matters are discussed further in the Details section of this report.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The application was referred to the following agencies due to the nature of the proposed development and the locational context of the development site:

• Main Roads WA;

• Water Corporation;

• Department of Mines & Petroleum;

• Department of Water;

• Swan River Trust;

• Department of Aboriginal Affairs;

• Department of Parks and Wildlife; and,

• Department of Environment Regulation (Contaminated Sites).

Seven submissions were received, however only Main Roads WA (MRWA) provided an objection to aspects of the proposed development, which have since been addressed and

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resolved. MRWA’s comments are discussed further in the "Details" section of this report, and also summarised in the attached Schedule of Submissions with all other agency submissions.

DETAILS

Structure Planning Area Considerations

The subject lot is located within the Residential Development zone, which is deemed to be a Structure Planning Area pursuant to Part 5A of Local Planning Scheme No. 17 (LPS17). Clause 5A.1.4.1 of LPS 17 stipulates that the local government is not to approve development of land within a Structure Planning Area unless there is a structure plan for the area.

There is no endorsed structure plan for the subject lot and surrounding Residential Development zoned land. Notwithstanding this, Clause 5A.1.4.2 of LPS 17 stipulates that the local government may approve the development of land within a Structure Planning Area prior to a structure plan coming into effect if the local government is satisfied that the development will not prejudice the specific purposes and requirements of the Structure Planning Area.

As has been noted, a portion of the subject lot has already been developed with a McDonald’s fast food, consistent with a planning approval issued by Council in 2011. That approval also provided for the development of showroom buildings in the location in which the subject service station is proposed. Council’s approval of that application was cognisant of the fact that development of a portion of one lot within a far broader area of land intended to be subject of a structure plan would not prejudice the objectives for providing for the orderly development of the broader area. The circumstances of this current application are largely the same, with one salient difference – consideration of the impact of gas, noise and fuel odour emissions on any future surrounding residential development.

Compatibility with Future Development

The potential implications of the proposed Service Station on the future development of other land within the Structure Planning Area has been considered with reference to the Environmental Protection Authority's (EPA) Guidance Statement No. 3 on Separation Distances between Industrial and Sensitive Land Uses. The Guidance Statement recommends a default 200 metre separation buffer around 24 hour Service Stations to protect surrounding sensitive land uses from potential risk and gaseous, noise and odour emissions associated with such development.

Using the draft West Stratton Structure Plan, which encompasses this lot, as a guide, it can be seen that a 200 metre buffer zone around the proposed development would encompass potential Highway Service zoned land to the west, the Woodbridge Creek foreshore reserve to the north, and approximately 1.8 hectares (or 3% of the gross subdivisible area) of potential low to medium density residential development to the north-east of the development site.

Although the draft Structure Plan never progressed to advertising, the indicative zoning of land for residential and commercial uses is still considered to be a reasonable and likely outcome of future development in the Structure Planning Area.

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City staff consider that the extent to which the proposed development may impact on future development, and particularly sensitive residential land uses (being approximately 3% of the gross subdivisible area), is insufficient to prejudice the purpose of the Structure Planning Area. Any Structure Plan subsequently prepared for the West Stratton Area can be designed, with likely little difficulty, to accommodate any necessary buffer and separation distances associated with any service station approved for this site.

Woodbridge Creek

In relation to the impact of the proposed development on the Woodbridge Creek foreshore; the Department of Water provided no comment, and the Swan River Trust provided no objection on the provision that potential environmental risks associated with the underground storage of fuel are appropriately managed through best practice standards and compliance with relevant guidelines and regulations.

The stormwater plan demonstrates to the satisfaction of City staff that the development has been designed to ensure that contaminated stormwater will not enter the drainage system discharging to Woodbridge Creek, and that the area around petrol bowsers where petrol is likely to spill will be adequately bunded to trap waste for disposal into the sewer.

Advice from the Water Corporation on this matter is that the usual application for an Industrial Water Permit will need to be submitted to the Water Corporation at building permit stage.

The Department of Aboriginal Affairs advised that the proposed development will not impact on the heritage values of Registered Aboriginal Heritage sites in the vicinity given the land has already been heavily developed and the boundary of the Registered sites overlaps the development site only minimally.

It is expected that the relevant agencies' concerns can be addressed through conditions and advice notes should the development be approved.

Local Planning Policies

Building and Development Standards - Commercial Zones (POL-TP-125)

The proposed development complies with the relevant provisions of the policy, including those relating to minimum setbacks and the provision of accessible service and refuse/storage areas, as well as building height, frontage and lot size requirements specific to the Highway Service zone. The policy does not specify maximum site coverage or plot ratio for Service Stations, and the development does not propose any changes to the design and provision of access ways and landscaping previously approved for the site under DA-006/2011.

Advertising Signs within the Commercial and Industrial Zones (POL-C-070)

The proposed development complies with the relevant provisions of the policy with the exception of a 7-Eleven logo sign that is proposed to extend 3.24 metres above the convenience store roof in variation to provision 2.5 of the policy. The proposed sign is considered to be acceptable given it will be set back over 40 metres from the Morrison Road reserve and located on a parapet wall so as to integrate with the form and the overall scale of the proposed building, which is typical of 7-Eleven stores.

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A 10 metre high digital display price board is proposed to be set back 3.2 metres from the Morrison Road reserve. The proposed setback allows for a 3 metre wide land requirement along the southern boundary of the lot for a possible left turn slip lane onto Farrall Road from Morrison Road as part of the planned upgrade of the intersection. Advice received from MRWA on this matter is that the proposed setback of the sign is acceptable given it does not encroach on the possible future land requirement.

Vehicle Parking

Building and Development Standards - Vehicle Parking Standards (POL-TP-129)

The policy’s minimum required parking provision for a Service Station is one vehicle parking space per 230 square metres of the gross site area, but not less than 8 vehicle parking spaces.

A total of 8 vehicle parking spaces are proposed for the development in variation to the policy's required parking provision of 11 bays for the gross site area of 2,570 square metres. City staff consider that the proposed shortfall of 3 bays could be granted as dispensation on the following grounds:

a) a significant portion of the development’s gross site area comprises existing vehicle parking bays (14 bays in total) and a public access easement. When these areas are excluded from the calculation of gross site area for the development, the minimum required parking provision under the policy may be reduced to as few as 5 vehicle parking spaces; being 1 vehicle parking space per 230 square metres of the remaining gross site area of approximately 1,200 square metres.

b) the proposed provision of 8 vehicle parking spaces complies with the policy’s unqualified minimum required parking provision for a Service Station.

c) an additional 47 reciprocal parking bays for all tenancies/leases on the site is available, having previously been approved under DA-006/2011.

Reciprocal Parking

The proposed development will result in a total provision of 55 vehicle parking bays on the site. Provision of 53 vehicle parking bays is required for the existing McDonald’s restaurant under the policy. Combined with the required provision of 11 bays for the proposed Service Station under the policy, the development proposes a total shortfall of 9 vehicle parking bays.

Grounds for the potential dispensation for a 3 bay shortfall for the Service Station are discussed above, and it is noted that dispensation for a 4 bay shortfall was previously granted by Council for the McDonald’s Restaurant under DA-006/2011 on the following grounds:

a) 50% of McDonald’s trade will be derived from the drive-through operation on the site. With the exception of staff required to service this operation, the drive-through facility will not generate the requirement for car parking. In addition, the nature of staff at such an operation is primarily teenagers under the legal driving age who are dropped-off and picked-up by parents, further reducing the number of parking bays required for staff.

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City staff consider that similar dispensation may be extended to a 6 bay shortfall of bays for the McDonald’s Restaurant given that the nature of the proposed Service Station development is likely to generate even less demand for reciprocal use parking than the previously approved mixed use development comprising two Fast Food Outlets and a Showroom.

Vehicle Access and Manoeuvrability

Fuel Tanker Truck Access

The application was referred to the City's Traffic and Project Management staff as well as Main Roads WA (MRWA) for comment. Both City staff and MRWA identified safety concerns relating to access to the site from Morrison Road by fuel tanker trucks.

The original proposal showed the swept path of a fuel tanker swinging into the inside lane of traffic from the outside lane, and then crossing the egress lane of the crossover in order to access the site from Morrison Road. The fuel tanker would also cross the ingress lane of the Farrall Road crossover in order to exit the site onto Farrall Road southbound.

The proponent has since widened the proposed Morrison Road crossover design in accordance with City staff requests to allow for lane correct entry, however narrow internal manoeuvring space within the site means that a fuel tanker will still need to cross the egress lane of the crossover in order to enter the site from Morrison Road.

The proponent has worked with City staff to re-design the Morrison Road crossover by replacing the proposed painted splitter island with a rollover kerb with concrete infill, which is intended to allow full access to a fuel tanker truck while maintaining legible ingress and egress lanes for all other vehicles.

City staff considered the alternative access to the site from Farrall Road and exit onto Morrison Road, however it was noted that this option would require a fuel tanker to undertake a 180 degree turn to exit the site onto Morrison Road from the left in / left out crossover. Additionally, the fuel tanker would then need to cross two lanes of eastbound traffic over a short distance to access the right turn slip lane onto Farrell Road in order to follow the intended tanker service route.

City staff conclude that the Farrall Road access option would result in additional unsafe movements within the site and Morrison Road reserve, and that proposed access to the site from the Morrison Road crossover is the preferred option in this regard.

It is acknowledged that there is potential for fuel tanker trucks to stop on Morrison Road and wait to enter the site in the event the egress lane of the Morrison Road crossover is blocked by a vehicle/s attempting to exit the site. However, City staff agree that the impact on traffic and incidence of such a conflict is likely to be minimal given fuel tanker trucks will visit the site only two or three times a week, and outside of the peak activity hours for the proposed and existing development on the site.

It is recommended that the times that fuel tanker trucks can service the site be restricted through a condition of approval, should the development be approved.

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On-Site Vehicle Manoeuvrability

City staff provide the following response to concerns raised about on-site traffic congestion and restricted vehicle manoeuvring space as a result of the proposed Service Station development in combination with the existing McDonalds Restaurant, both of which are 24 hour operations and likely to generate queuing traffic in peak hours.

The peak activity periods for the proposed Service Station and the existing McDonald’s Restaurant on the site will generally occur at different times. The proponent expects that maximum traffic generation for the proposed Service Station will be during the typical weekday afternoon peak hour between 4:30pm and 5:30pm, while the peak hour of traffic generation for the McDonald’s Restaurant has previously been identified as between 6:00pm and 7:00pm, with peak weekly activity on Friday evenings.

To accommodate peak activity, the proposed site layout of the Service Station will allow for stacking of three vehicles at each of the eight pumps without encroachment on the internal public access way. The proponent states that this level of stacking is unlikely to be exceeded, particularly because the 7-Eleven brand does not engage in “shopper docket” fuel discounts that can increase demand during peak periods.

The existing McDonald’s Restaurant can accommodate the stacking of up to 14 standard vehicles in its segregated dual-lane drive-through facility without encroachment on the internal public access way. A queue length analysis undertaken for this drive-through facility as part of the previous development application (DA-006/2011) concluded that under normal circumstances; the queue backs from the drive-through facility will not extend past the development site boundary to encroach on the internal public access way.

It is understood that a one-way public access easement was created along the western and northern boundaries of the site as part of DA-006/2011, with the intended function of accommodating potential queue backs from the McDonald’s Restaurant drive-through so as not to block vehicle parking aisles and on-site ingress and egress movements within the internal access way.

In order to assist with this function and to minimise on-site traffic conflict, City staff recommend the proponent prepare a traffic management plan to implement on-site traffic control measures to direct internal traffic and identify “keep clear” areas within the access way. It is expected that this plan can be addressed through a condition of approval, should the development be approved.

Traffic Impact

The application and submitted Traffic Impact Statement was referred to the City's Traffic and Project Management staff for comment. City staff advise that the surrounding road network, access system, and signalised intersection will be able to cope with the expected increased volume of traffic generated by the proposed development.

In response to a number of public submissions relating to the impact of the proposed development on traffic flow and safety at the Morrison Road and Farrall Road intersection; City staff advise that the upgrade of this intersection is a City of Swan project that is expected to occur at some point in the future to cater for increased traffic resulting from the future development of the Structure Planning Area. The final design of the upgraded signal and intersection treatment is currently pending further investigation.

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Stormwater and Wastewater Management

Stormwater Management

It is proposed to connect the development to the existing on-site drainage system of interconnected soakwells with overflow into the Woodbridge Creek via a gross pollutant trap, which was previously approved for the site as part of DA-006/2011 for the construction of a mixed use development comprising the existing McDonald’s Restaurant. City staff have no objection to the proposed stormwater drainage system.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to grant approval for the proposed Service Station development on Lot 1 Farrall Road, Midvale, subject to conditions.

Implications: The applicant will be able to proceed with the proposed development.

This is the recommended option.

Option 2: Council may resolve to refuse to grant approval for the proposed Service Station development on Lot 1 Farrall Road, Midvale on the grounds that such approval, in advance of an adopted structure plan for the area may prejudice the specific purpose and requirements of the Structure Planning Area.

Implications: The owner/applicant would have a right of review to the State Administrative Tribunal if aggrieved by this decision.

This is not the recommended option.

CONCLUSION

The application seeks approval for the construction of a Service Station (7-Eleven store) and associated car parking and signage on the subject lot. The proposed Service Station will operate 24 hours, 7 days a week and provide for the retail sale of petroleum and other convenience goods commonly sold in petrol stations. The carrying out of vehicle servicing, repairs and/or cleaning is not proposed as part of the development.

A number of potential traffic issues were identified during the assessment process and in public and agency submissions. These issues relate to the impact of the development on the surrounding road network; fuel tanker truck access; on-site vehicle manoeuvrability; and, a proposed shortfall of 9 vehicle parking spaces for the proposed and existing development on the lot. City staff consider that these issues have since been adequately addressed and resolved, or can otherwise be be satisfactorily addressed through the imposition of conditions and advice notes should the development be approved.

The subject lot is located within the Residential Development zone, which is deemed to be a Structure Planning Area pursuant to Part 5A of Local Planning Scheme No. 17. There is no endorsed structure plan for the subject lot and surrounding Structure Planning Area, however City staff consider that the proposed development is compatible with the indicative zoning and existing development of the land and adjacent area, and will not prejudice the future development of the Structure Planning Area.

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City staff conclude that all relevant aspects of the Scheme have been considered and satisfied, including that the proposed development complies with the relevant local planning policies, and recommend that the Council resolve to grant approval for the proposed 'Service Station' development subject to conditions.

ATTACHMENTS

• Locality Plan

• Draft West Stratton Structure Plan

• Development Plans

o Site Plan

o Crossover Plan

o Floor Plan

o Elevation Plans (x3)

o Signage Plans (x3)

o Stormwater Plan

• Schedule of Submissions

STRATEGIC IMPLICATIONS

Commercial Centres Strategy (POL-C-083)

The subject lot has not been identified in the City’s Commercial Centres Strategy (although now outdated) or the more recent Retail Needs Assessment that will be used in the future review of the Commercial Centres Strategy. However, Strategic Planning staff advise that the proposed use is complementary to a residential development and can also serve the needs of the surrounding local employment precinct. The indicative Highway Service zone for the land can be seen to be appropriate assuming other local centres are provided in a more central location to adequately serve future catchments.

STATUTORY MECHANISMS

Local Planning Scheme No.17

FINANCIAL IMPLICATIONS

Nil

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VOTING REQUIREMENTS

Simple majority

RECOMMENDATION

That the Council resolve to:

1) Grant approval for the proposed Service Station development on Lot 1 Farrall Road, Midvale, subject to the following conditions:

1. This approval is for a “Service Station” (7-Eleven Store) as defined in the City’s 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. Use of the site for the purpose approved shall not commence until an Occupancy Permit is issued.

3. In order to comply with the City of Swan Provision of Public Art Policy PO-LP-1.10, the owner(s) or applicant on behalf of the owner(s) shall within 28 days of the grant of this approval elect either;

(i) To pay to the City the sum of ($20,000) which equates to 1% of the Construction Cost of the development, in lieu of providing on-site Public Art (option 1); or

(ii) Seek approval from the City for an artist to provide Public Art on the development site to a minimum value of ($20,000) (option 2)

If the election is Option 1, the cash-in-lieu amount must be paid to the City on the earlier of the date specified in an invoice issued by the City, or when an application is made for a building permit for the development the subject of the approval.

If the election is Option 2:

(i) the owner(s) or applicant on behalf of the owner(s) within a further 28 days following the election (or such longer period agreed by the City) must seek approval from the City for a specific Public Art work including the artist proposed to undertake the work. The City may apply further conditions regarding the proposed Public Art;

(ii) no part of the development may be occupied or used unless the Public Art has been installed in accordance with an approval granted by the City;

(iii) the Public Art approved must be maintained during the continuation of the development; and

(iv) prior to the lodgement of a building permit application a Notification pursuant to section 70A of the Transfer of Land Act must be lodged against the certificate of title to the land on which the development is to be carried out, to make the proprietors and prospective purchasers aware of the preceding condition.

4. Fuel tanker truck(s) shall not access the site to service the approved development between 7:00am and 7:00pm on any given day.

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5. A total of eight (8) 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 comply with Australian Standard 2890.6.

6. Vehicle access onto the site shall be restricted to that shown on the approved site plan.

7. 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.

8. 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.

9. Prior to the lodgement of a Building Permit application, a traffic control plan for the subject lot shall be submitted to the City for approval. The traffic control plan is to identify appropriate signage and pavement marking for the internal access way to give clear direction to motorists in accordance with Australian Standards and to the satisfaction of the City of Swan.

10. All signage and pavement marking shall be installed and completed in accordance with the approved traffic control plan, and maintained at all times to the satisfaction of the City.

11. 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.

12. 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.

13. Car parking bays and areas designated for landscaping, shall not be used for the storage, display or selling of any goods or vehicles whatsoever.

14. All earthworks and associated drainage details shall be in accordance with the approved stormwater drainage plan.

15. All stormwater produced from this property is to be collected and disposed of into the approved stormwater drainage system for this property.

16. No stormwater is to be channelled or discharged directly into the Woodbridge Creek, without proper stormwater management approved by the City.

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

18. Storm drain to be designed and installed in accordance with the City's design guidelines.

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19. Cadastral lot boundaries shall be established on the site prior to the lodgement of a Building Permit application.

20. Earthworks, footings and/or structures are not to extend over any lot boundaries.

21. 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.

22. 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.

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

24. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.

25. Wash down bays where petrol, other hydrocarbons or similar matter is likely to be discharged must be constructed in accordance with Water Corporation guidelines. In particular bays should be bunded and graded to trap all waste which then passes through and approved petrol and oil separator before being discharged to sewer. External wash down bays greater than 20m2 are to be roofed.

Where sewer is not available treated liquid wastes shall be disposed of onsite in a manner outlined in the Department of Water's Water Quality Protection Note WQPN 68 (Mechanical Equipment Washdown) dated March 2006.

No contaminated stormwater is permitted to enter the stormwater drains.

All fuels, oils and other liquids shall be appropriately stored within a bunded and covered area capable of trapping all wastes.

26. The sign(s) shall not contain fluorescent, reflective or retro reflective colours or materials.

27. If illuminated, the signage must be of a low level not exceeding 300cd/m2, not flash, pulsate or chase.

28. 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.

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

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29. 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.

30. 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: Advice notes apply.

2) The applicant/owner to be advised of the resolution of Council and relevant advice notes pertaining to the approval.

3) Advise those who lodged submissions of the Council's decision.

MOTION that the Council resolve to:

1) Adopt the officers recommendation with an Amendment to Condition 4 such that it reads: "4. Fuel tanker truck(s) shall not access the site to service the approved

development between 7:00am and 9.00am and 4.00pm and 7:00pm on any given day."

(Cr Congerton - Cr Färdig)

RESOLVED UNANIMOUSLY TO:

1) Grant approval for the proposed Service Station development on Lot 1 Farrall Road, Midvale, subject to the following conditions:

1. This approval is for a “Service Station” (7-Eleven Store) as defined in the City’s 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. Use of the site for the purpose approved shall not commence until an Occupancy Permit is issued.

3. In order to comply with the City of Swan Provision of Public Art Policy PO-LP-1.10, the owner(s) or applicant on behalf of the owner(s) shall within 28 days of the grant of this approval elect either;

(i) To pay to the City the sum of ($20,000) which equates to 1% of the Construction Cost of the development, in lieu of providing on-site Public Art (option 1); or

(ii) Seek approval from the City for an artist to provide Public Art on the development site to a minimum value of ($20,000) (option 2)

If the election is Option 1, the cash-in-lieu amount must be paid to the City on the earlier of the date specified in an invoice issued by the City, or when an application is made for a building permit for the development the subject of the approval.

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If the election is Option 2:

(i) the owner(s) or applicant on behalf of the owner(s) within a further 28 days following the election (or such longer period agreed by the City) must seek approval from the City for a specific Public Art work including the artist proposed to undertake the work. The City may apply further conditions regarding the proposed Public Art;

(ii) no part of the development may be occupied or used unless the Public Art has been installed in accordance with an approval granted by the City;

(iii) the Public Art approved must be maintained during the continuation of the development; and

(iv) prior to the lodgement of a building permit application a Notification pursuant to section 70A of the Transfer of Land Act must be lodged against the certificate of title to the land on which the development is to be carried out, to make the proprietors and prospective purchasers aware of the preceding condition.

4. Fuel tanker truck(s) shall not access the site to service the approved development between 7:00am and 9.00am and 4.00pm and 7:00pm on any given day.

5. A total of eight (8) 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 comply with Australian Standard 2890.6.

6. Vehicle access onto the site shall be restricted to that shown on the approved site plan.

7. 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.

8. 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.

9. Prior to the lodgement of a Building Permit application, a traffic control plan for the subject lot shall be submitted to the City for approval. The traffic control plan is to identify appropriate signage and pavement marking for the internal access way to give clear direction to motorists in accordance with Australian Standards and to the satisfaction of the City of Swan.

10. All signage and pavement marking shall be installed and completed in accordance with the approved traffic control plan, and maintained at all times to the satisfaction of the City.

11. 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.

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12. 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.

13. Car parking bays and areas designated for landscaping, shall not be used for the storage, display or selling of any goods or vehicles whatsoever.

14. All earthworks and associated drainage details shall be in accordance with the approved stormwater drainage plan.

15. All stormwater produced from this property is to be collected and disposed of into the approved stormwater drainage system for this property.

16. No stormwater is to be channelled or discharged directly into the Woodbridge Creek, without proper stormwater management approved by the City.

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

18. Storm drain to be designed and installed in accordance with the City's design guidelines.

19. Cadastral lot boundaries shall be established on the site prior to the lodgement of a Building Permit application.

20. Earthworks, footings and/or structures are not to extend over any lot boundaries.

21. 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.

22. 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.

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

24. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.

25. Wash down bays where petrol, other hydrocarbons or similar matter is likely to be discharged must be constructed in accordance with Water Corporation guidelines. In particular bays should be bunded and graded to trap all waste which then passes through and approved petrol and oil separator before being discharged to sewer. External wash down bays greater than 20m2 are to be roofed.

Where sewer is not available treated liquid wastes shall be disposed of onsite in a manner outlined in the Department of Water's Water Quality Protection Note WQPN 68 (Mechanical Equipment Washdown) dated March 2006.

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No contaminated stormwater is permitted to enter the stormwater drains.

All fuels, oils and other liquids shall be appropriately stored within a bunded and covered area capable of trapping all wastes.

26. The sign(s) shall not contain fluorescent, reflective or retro reflective colours or materials.

27. If illuminated, the signage must be of a low level not exceeding 300cd/m2, not flash, pulsate or chase.

28. 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.

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

29. 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.

30. 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: Advice notes apply.

2) The applicant/owner to be advised of the resolution of Council and relevant advice notes pertaining to the approval.

3) Advise those who lodged submissions of the Council's decision.

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Documents

3.5 PROPOSED SERVICE STATION (7ELEVEN) - LOT 1 FARRALL ... · The proposed Service Station will operate 24 hours, 7 days a week and employ up to a maximum of three staff at any one