Proposed Mezzanine Floor (Warehouse) - Unit 1, Lot 28 (No

Ordinary Meeting of Council 13 April 2016

3.4 PROPOSED MEZZANINE FLOOR (WAREHOUSE) - UNIT 1, LOT 28 (NO.5A) PRINCIPAL LINK, MALAGA (DA038-16)

Ward: (Ballajura Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application is for a new mezzanine floor of 42.8m2, inside an existing warehouse. The mezzanine is proposed to be used for office and meeting area incidental to the existing warehouse.

• Under the City’s Vehicle Parking Standards, one additional car bay is required to be provided, to cater to the additional floorspace.

• The existing development was approved as 4 warehouse units, with 18 car bays. The subject Unit 1 is 226m2 and would account for 4 car bays of the existing 18 car bays on site, under the City’s Vehicle Parking Standards.

• While there is room for one additional bay to be provided on site, this would need to be in common property and would require the consent of all the other strata owners.

• There is scope under the City’s policy instruments to provide on-street parking in a variety of locations within 400 metres of the subject site.

• Notwithstanding, it is considered that the proposed development is unlikely to generate parking problems, if no more than 3 staff are permitted on the premises at any one time. This still leaves one car bay (of Unit 1’s provision) available for customers and/or deliveries.

It is recommended that the Council approve the application for a Mezzanine Floor addition to Unit 1, Lot 28 (No.5A) Principal Link, Malaga, with a dispensation for the 1 bay parking shortfall, subject to a condition requiring that no more than 3 staff are on the premises at any one time.

AUTHORITY/DISCRETION

Council has discretion in accordance with Clause 10.3 of Local Planning Scheme No. 17 to approve (with or without conditions) or refuse to approve the application. If the applicant is aggrieved with the decision of the Council, a right of appeal may exist in accordance with Part 3 of the State Administrative Tribunal Act 2004 and Park 14 of the Planning and Development Act 2005.

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BACKGROUND

Applicant: Peter Ching, Architect Owner: Maria Rosa Calisteo Zoning: LPS17 - General Industrial MRS - Industrial Strategy/Policy: Local Planning Policies:

• Vehicle Parking Standards (Pol-TP-129) • Malaga Parking Strategy • Construction of Privately Funded Parking Areas

within a Road Reserve (Pol-C-101) Development Scheme: N/A Existing Land Use: 4 x Warehouse units Lot Size: 1691m2 (total); 229m2 (Unit 1) Use Class: Warehouse

DETAILS OF THE PROPOSAL

The applicants propose a 4.0m x 10.7m (42.8m2) mezzanine floor within Unit 1. The additional floorspace is proposed to be used for office and meeting area, incidental to the existing warehouse. No other changes are proposed.

DESCRIPTION OF SITE

The property has 4 existing warehouse units and 18 car bays, as well as landscaping along the front boundary. It is surrounded by existing industrial units.

SITE HISTORY/PREVIOUS APPROVALS

DA 100-2006 4 Warehouse Units - Approved 7 April 2006

Approved subject to 18 carbays being provided on site, catering to 927m2 of Warehouse GLA. This met the Vehicle Parking Standards requirement of 2 carbays per 100m2 GLA for Warehouse use.

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

DA 1000-15, proposed additions to Warehouse, Lot 369 (No. 719) Marshall Rd, Malaga - Approved by Council 2 March 2016. The applicants sought approval for a new mezzanine floor, which generated a 3 bay parking shortfall. Application was approved, subject to approval being specific and personal to the current occupier of the building and not transferable to any other future owners or occupiers of the premises.

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APPLICANT'S SUBMISSION

"The client accepts that the City of Swan will impose a condition of approval that no more than 3 employees to be on the premises at any one time.

The existing 3 employees working in the warehouse consist [of]:

- The client, Rosa herself, doing all the administration work;

- One staff [member] is engaged to assist her in coordinating the receiving and delivery of the goods in and out of the warehouse;

- The client Rosa’s husband is the one who is doing all the delivery of the goods, as per the orders placed [with] them, mostly by phone or online.

- Occasionally, there will be delivery of goods to the premises, on average once a week

The proposed mezzanine floor created is to be an extension to the warehouse business in the existing unit, and not to be used by another business or tenant.

The client, Rosa, understands the existing car parking arrangement and the car parking requirement by Council as explained to her in your emails.

She will inform the Council when the business needs more than 3 persons to cope with the demand of the work load in the near future should the business expand."

DETAILS

Use

The proposed use (offices and meeting areas incidental to the existing Warehouse business in Unit 1) is classified as a 'Warehouse' use under Local Planning Scheme 17. This is a 'P' (permissible) use within the General Industrial zone.

Assessment

The proposal has been assessed against the City’s Vehicle Parking Standards, and the Malaga Parking Strategy. The objective of these policies is to ensure adequate provision is made for the parking of vehicles.

Under the City’s Vehicle Parking Standards, a Warehouse use requires 2 car bays to be provided per 100m2 of Gross Leaseable Area (GLA). Thus, an additional 42.8m2 of floor area requires one additional parking bay to be provided.

There are various options available to satisfy the parking requirement:

- There is room on site within the front setback area, to provide one additional car bay. However, as this would be located within common property, it would require the consent of all the other strata owners and accordingly is likely to take considerable time to progress.

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- The Malaga Parking Strategy shows that there is a public parking station which is proposed to be constructed within 400m walking distance of the site, in Commerce St. It is proposed to be constructed by 2018. Accordingly, there is the option to pay the City a cash-in-lieu contribution (i.e. $3,500) for one car bay, to compensate for the parking shortfall on site, and to satisfy the parking requirement.

- Pursuant to the City’s Policy on Construction of Privately Funded Parking Areas within a Road Reserve (Pol-C-101), on-street parking in a suitable location may be constructed by the applicant, or by the City at the applicant’s expense. There are various locations within 400m of the property, which have road speeds and verge widths suitable for providing on street parking, subject to further detailed investigation. The applicants may opt to construct bays themselves, rather than paying cash-in-lieu.

The applicants are operating a new business and concerned that they do not have ready cash to pay for another car bay, either on site or within a public parking area. They have requested a dispensation for the parking shortfall. To satisfy the City that this would not cause parking problems on site, they have advised that they would be willing to accept a condition of approval, requiring that no more than 3 staff be present on the premises at any one time. Should their business expand to the point where they wish to take on additional staff, they have advised that they would apply for planning approval to have the condition lifted, on the understanding that additional parking would likely be required at that time.

The existing development comprising 4 Warehouse units was approved in 2006, subject to 18 car bays being provided to cater to the 927m2 of GLA. Unit 1 is 229m2 and thus it would have 4 car bays allocated as its proportional share of the existing car bays on site.

The applicants’ proposal is considered reasonable, because:

- A 'Warehouse' use does not allow retail sales from the premises; the only sales are by wholesale (i.e. to other suppliers, and/or in bulk). Accordingly, there would be few customers coming to the premises. Most products are delivered direct to customers by one of their staff members.

- The applicants have indicated that they have very few deliveries, and these only happen on average once per week.

- The four existing car bays provide sufficient parking for the three staff, and occasional customers or suppliers.

Accordingly, it is considered unlikely that the proposed additional floorspace of the Mezzanine Floor would generate any parking problems. Approval is recommended, subject to a condition allowing no more than 3 staff on the premises at any one time.

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OPTIONS AND IMPLICATIONS

Option 1 Council may resolve to grant a dispensation for the 1 car bay parking shortfall subject to a restriction on staff numbers, and approve the application for additions to the existing Warehouse at Unit 1, Lot 28 (No.5A) Principal Link, Malaga, subject to the following conditions:

1. This approval is for “Warehouse” 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. No more than 3 staff members shall be permitted to be on the premises at any one time.

3. 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.

4. No retail or wholesale sales is to be carried out from the premises unless the sales are incidental and ancillary to the approved use of the premises.

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

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

7. Use of the site for the purpose approved shall not commence until an Occupancy Permit is issued.

8. 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.

9. 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.

Implications: This option will allow the construction of the proposed mezzanine floor, with no requirement for additional on-street parking in the locality.

This is the recommended option.

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Option 2 Council may resolve to approve the application for the Mezzanine Floor additions to the existing Warehouse at Unit 1, Lot 28 (No.5A) Principal Link, Malaga, subject to an additional car bay being constructed within the road reserve within 400m of the property, at the expense of the applicants, in lieu of one additional parking bay being provided on the site; and the following conditions:


2. Prior to the issue of any building permit for the mezzanine floor subject of this application, the applicant / owner is to provide one (1) public parking bay in nearby road reserve through one of the following mechanisms:

• The applicant / owner may pay the City $3,500 (i.e. cash-in-lieu equivalent to 1 car parking bay shortfall) to contribute to the City’s program of constructing public verge parking in Commerce Street, Malaga, in accordance with the City’s Malaga Parking Strategy (Nov. 2015).

• Alternatively, the applicant / owner may construct one (1) parking bay in a location within the road reserve within 400m of the property, to the City’s specifications.






8. 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.


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

This is not the recommended option.

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Option 3 Council may resolve to approve the application for the Mezzanine Floor additions to the existing Warehouse at Unit 1, Lot 28 (No.5A) Principal Link, Malaga, granting dispensation for the 1 bay parking shortfall without imposing any special conditions to restrict staff numbers or provide an additional car bay. The approval would be subject to the following conditions:







7. 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.


Implications: The applicants would be able to proceed with construction of the mezzanine floor. The resulting parking shortfall may contribute to ongoing parking issues within Malaga.

This is not the recommended option.

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CONCLUSION

The application seeks approval of a 42.8m2 mezzanine floor addition to the existing Warehouse at Unit 1, Lot 28 (No.5A) Principal Link, Malaga. The addition will be used in conjunction with the existing Warehouse business which currently operates from the premises.

The additional floor area proposed results in an overall parking shortfall of one bay. While there is potential for the applicants to pay a cash in lieu contribution, or to provide an additional bay on site (within common property) to address the shortfall, they have requested dispensation. Instead they have proposed a condition which would limit them to having no more than 3 employees on the premises at any one time.

The existing Warehouse has 4 car bays as its proportional share of the available parking on site. With only 3 employees, and few customers or suppliers visiting the site, it is considered that approval subject to such a condition would be unlikely to result in any parking issues on site. Accordingly, approval is recommended subject to the condition proposed.

ATTACHMENTS

Locality Plan

Site Plan

Floor Plan

Section Plan

STRATEGIC IMPLICATIONS

Nil.

STATUTORY IMPLICATIONS

Local Planning Scheme No.17

Planning and Development Act 2005

FINANCIAL IMPLICATIONS

A cash-in-lieu of parking contribution may be collected where parking shortfalls are proposed in accordance with the Malaga Parking Strategy. In approving this application as recommended, Council will not collect the relevant cash-in-lieu contribution.

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VOTING REQUIREMENTS

Simple majority

RECOMMENDATION

1) That the Council resolve to approve the application subject to the following conditions:


2. No more than 3 staff members shall be permitted to be on the premises at any one time.






8. 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.


Advice Notes: Standard Advice Notes apply.

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

CARRIED

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DISCLAIMER: Information shown here on is a composite of information from various different data sources. Users are warned that the information is provided by the City of Swan in this format as a general resource on the understanding that it is not suitable as a basis for decision making without verification with the original source.

Wednesday, 23 March2016

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Locality Plan

Site Plan

Floor Plan

Section Plan

Documents

Proposed Mezzanine Floor (Warehouse) - Unit 1, Lot 28 (No