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3.8 RETROSPECTIVE APPLICATION FOR PARKING OF COMMERCIAL VEHICLES - LOT 2 (NO. 148) BENARA ROAD, CAVERSHAM

Ward: (Altone Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The City has received an application to park three (3) commercial vehicles at Lot 2 (No. 148) Benara Road, Caversham.

• The subject lot is zoned 'General Rural' under the City's Local Planning Scheme No. 17 and has a lot size of 2188m2.

• Under the City's Local Planning Scheme No. 17 the maximum amount of vehicles that Council has discretion to approve is two. The Council has no discretion to approve three vehicles but can issue a partial approval for two vehicles in accordance with Clause 10.7 of the Scheme.

• The commercial vehicles are proposed to be parked behind the dwelling and are sufficiently screened from the adjoining owners as the vehicles are stored in an outbuilding.

• The applicant has stated that the commercial vehicles leave the subject property at 6.30am and return by 5pm weekdays, between 7am and 4pm on Saturdays and between 9am and 4pm on Sundays.

• The proposal was advertised to potentially affected adjoining owners. The City did not receive any objection from the adjoining owners.

It is recommended that the Council approve the application for the parking of two (2) commercial vehicles at Lot 2 (No. 148) Benara Road, Caversham subject to conditions.

AUTHORITY/DISCRETION

The Council may approve (with or without conditions) or refuse the application. If the owner(s) is aggrieved with the decision of Council a right of appeal may exist in accordance with Part 14 of the Planning and Development Act 2005.

Council does not have the discretion to approve the parking of three commercial vehicles as submitted in the application, such numbers being contrary to Clause 5.10.6 of the Scheme.

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Clause 10.7 permits Council to approve a specified part or aspect of a development.

BACKGROUND

Applicant: Patrick John Daniels and Justin Daniels

Owner: Patrick John Daniels Zoning: TPS - LPS 17 MRS - General Rural Strategy/Policy: n/a Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Single House Lot Size: 2188m2

DETAILS OF THE PROPOSAL

The applicant seeks retrospective approval to park three (3) commercial vehicles. The vehicles are proposed to be utilised between 6.30am and 5pm weekdays, between 7am and 4pm on Saturdays and between 9am and 4pm on Sundays. The vehicles are parked within an existing outbuilding, which is screened from the street by the applicants dwelling.

DESCRIPTION OF SITE

The subject property slopes to the western boundary towards the nearby Bennett Brook. The property has a single dwelling facing the street and outbuildings to the rear of the lot. Vehicular access to the lot is via two crossovers with the wider of the crossovers being utilised to park the commercial vehicles.

SITE HISTORY/PREVIOUS APPROVALS

Building Licences

• 763/1993 [Sunroom/Garage/Carport]

• 529/2004 [Patio and Interconnected Sheds (7)]

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Nil.

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APPLICANT'S SUBMISSION

• The applicant has advised that the owners operate a father and son landscape gardening business. One truck and bobcat is used for the removal of sand and rubble from jobs and the second truck is for carting materials to and from the jobs.

• The applicant also restores older commercial vehicles as a hobby and has advised that the older Dodge trucks contained on the lot will be scrapped.

• Minor maintenance and servicing is carried out on the vehicles within the shed.

• All vehicles are parked behind the house or in the rear shed.

PUBLIC CONSULTATION

The subject application was advertised for a period of 14 days to the adjoining neighbours. The City did not receive any submissions to the proposal.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Nil

DETAILS

Zoning and land use permissibility

The subject lot is zoned 'General Rural' under the City's Local Planning Scheme No. 17 (LPS 17). Commercial vehicles are considered to be incidental to a Single House and are therefore a "P" permitted use under the Scheme.

Schedule 14 of LPS 17 provides for a lot of this zoning and size to accommodate the parking of one commercial vehicle. However Clause 5.10.6 of the City's LPS 17 allows a maximum of one additional commercial vehicle where the vehicle is sufficiently screened from the street and adjoining neighbours. It is considered that the subject application meets that criteria and therefore it is determined that the applicant can receive planning approval for up to two commercial vehicles at the subject lot, in lieu of the three commercial vehicles applied for.

Scope of Planning Approval

Clause 10.7 of the Scheme provides for Council to partially approve a planning application, in this instance the maximum number of commercial vehicles that clause 5.10.6 provides for is two commercial vehicles.

Amenity Impacts

In accordance with the requirements of Clause 5.10.6 the application was advertised to surrounding neighbours for comment. No objections were received. It is considered

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that as there are no objections to the proposal and that the commercial vehicles can be garaged in, or parked behind, the existing outbuildings, the proposal can fulfil the requirements of the Scheme. The amenity impacts are not impacted as the commercial vehicles are sufficiently screened from the view of the road and surrounding properties. Further, the commercial vehicles are not considered to adversely impact the character, safety or amenity of the surrounding locality.

OPTIONS AND IMPLICATIONS

Option 1: Council must refuse to give retrospective approval for the parking of three (3) commercial vehicles at Lot 2 (No. 148) Benara Road, Caversham because the parking of this number of vehicles exceeds the maximum permitted under clause 5.10.6 of LPS 17.

Council may give retrospective approval for the parking of two commercial vehicles on the subject lot subject to conditions.

Implications: The applicant will have a right of review to the State Administrative Tribunal only with respect to the amount of commercial vehicles approved.

Option 2: Council must refuse to give retrospective approval for the parking of three (3) commercial vehicles at Lot 2 (No. 148) Benara Road, Caversham because the parking of this number of vehicles exceeds the maximum permitted under Clause 5.10.6 of LPS 17.

Council may also resolve to refuse to give retrospective approval the parking of two (2) commercial vehicles on the subject lot on the grounds that the parking of such vehicles is considered to have an adverse impact on the character, safety and amenity of the surrounding locality.

This is not the recommended option.

Implications: The applicant will have a right of review to the State Administrative Tribunal on the refusal to allow the parking of two (2) commercial vehicles. In the absence of any objections it would be most difficult to substantiate any claim of an adverse amenity impact.

CONCLUSION

An application was submitted for retrospective approval for the parking of three (3) commercial vehicles at Lot 2 (No. 148) Benara Road, Caversham. This exceeds the maximum number of commercial vehicles that can be approved pursuant to Clause 5.10.6 of LPS 17.

Clause 10.7 of the Scheme permits an application to be approved, in part, in this instance for a lesser number of commercial vehicles to be approved. The application has been assessed against the relevant provisions of LPS 17 (clause 5.10 and Schedule 14) and referred to abutting landowners for comment, with no objections being received.

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It is therefore, considered that an application for two commercial vehicles should be approved subject to conditions.

ATTACHMENTS

• Locality Plan

• Site Plan

• Schedule 14 Parking of Commercial Vehicles

• Part 5.10 LPS 17 Parking of Commercial Vehicles

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple Majority.

RECOMMENDATION

That the Council resolve to:

1) Grant retrospective approval to the application for parking of two commercial vehicles at Lot 2 (No. 148) Benara Road, Caversham, subject to the following conditions:

a) This approval is only for the occupier of Lot 201 (No. 99) Orchard Street, Upper Swan who must also be:

i) The owner of; or

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ii) The driver of; or

iii) the proprietor of a business which owns or operates every commercial vehicle which is to be parked or garaged there.

b) Applicant is not to operate his commercial vehicle in a manner that entails that vehicle left idling within the site, generating noise that exceeds the permitted levels under the Environmental Protection (Noise) Regulations 1997.

c) Maintenance of the vehicles is limited to minor work which will not cause a significant impact on adjoining properties and must not be undertaken prior to 7.00am.

d) 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) Any planning approval granted for the parking of a commercial vehicle is not an approval for the vehicle to use the road network or for any other purpose. Applicants with Restricted Access Vehicles (RAV's) should seek a separate approval from the relevant authority (MRWA) for the operation of these vehicles within the road network. It is the responsibility of the owner to obtain the necessary permit which is separate from any Council approval under its Planning Scheme for the parking of a commercial vehicle.

ii) The noise generated by activities on-site including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.

iii) This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. 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 licences required under any other law, and to commence and carry out development in accordance with all other relevant laws.

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

AMENDED STAFF RECOMMENDATION

That the Council resolve to:

1) Amend the staff recommendation to amend condition a) to read as follows:

"a) This approval is only for the occupier of Lot 2 (No.148) Benara Road, Caversham who must also be:

i) The owner of; or

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ii) The driver of; or

iii) The proprietor of a business which owns or operates every commercial vehicle which is to be parked or garaged there".

2) Record the reason for changing the recommendation is to correct a typographical error in the condition.

MOTION that the Council resolve to:

1) Adopt the revised staff recommendation.

(Cr Congerton - Cr Haynes)

RESOLVED UNANIMOUSLY TO:

2) Grant retrospective approval to the application for parking of two commercial vehicles at Lot 2 (No. 148) Benara Road, Caversham, subject to the following conditions:

a) This approval is only for the occupier of Lot 2 (No.148) Benara Road, Caversham who must also be:

i) The owner of; or

ii) The driver of; or

iii) The proprietor of a business which owns or operates every commercial vehicle which is to be parked or garaged there.

b) Applicant is not to operate his commercial vehicle in a manner that entails that vehicle left idling within the site, generating noise that exceeds the permitted levels under the Environmental Protection (Noise) Regulations 1997.

c) Maintenance of the vehicles is limited to minor work which will not cause a significant impact on adjoining properties and must not be undertaken prior to 7.00am.

d) 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) Any planning approval granted for the parking of a commercial vehicle is not an approval for the vehicle to use the road network or for any other purpose. Applicants with Restricted Access Vehicles (RAV's) should seek a separate approval from the relevant authority (MRWA) for the operation of these vehicles within the road network. It is the responsibility of the owner to obtain the necessary permit which is separate from any Council approval under its Planning Scheme for the parking of a commercial vehicle.

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ii) The noise generated by activities on-site including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.

iii) This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. 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 licences required under any other law, and to commence and carry out development in accordance with all other relevant laws.

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

3) Record the reason for changing the recommendation is to correct a typographical error in the condition.

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