18
Ordinary Meeting of Council 25 May 2016 3.4 PROPOSED TOURIST FACILITIES (HORSE DRAWN WAGON TOURS) - LOT 58 CRANLEIGH STREET, WEST SWAN (DA654-15) Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning) Disclosure of Interest: Nil Authorised Officer: (Executive Manager Planning and Development) KEY ISSUES The application proposes to use part of the property at Lot 58 Cranleigh Street, West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan Valley. The subject property is zoned 'Swan Valley Rural' under Local Planning Scheme No.17 (LPS17), and ‘Area B’ in the Swan Valley Planning Act 1995 (SVPC Act), where ‘Tourist Facilities’ is an ‘A’ use in this zone, requiring public notice to be given before the City can determine the application. The proposal was advertised to surrounding property owners and residents’ associations for comment. A total of 8 submissions were received with 1 letter of support, 1 letter not objecting to the proposal but raising concerns, and 6 objections citing concerns relating to potential impacts on traffic and road safety in West Swan Road; the unsightliness of the existing structures on the property, animal welfare, inconsistency with the rural character and the objectives of the draft Swan Valley Development Plan. City staff acknowledge that the horse-drawn wagons are relatively slow-moving, however, they are “as of right” vehicles on the roads and have been in operation for nearly 17 years. The Swan Valley Planning Committee (SVPC) at its meeting on 1 February 2016 resolved not to support the proposal on the basis that it would have a detrimental impact on the rural character of the area. It is considered that this concern is unfounded and it would appear their concerns relate to the existing approved structures on the property, rather than the proposed new development. Complaints relating to the existing approved structures on the property are not relevant to this application and cannot be taken into account as far as the proposed development is concerned. Pursuant to cl.30B(5) of the Metropolitan Region Scheme (MRS), where the responsibility is the City of Swan, the City is to have due regard to the advice of the SVPC but if the City does not accept that advice, the City is to refer the application to the Western Australian Planning Commission (WAPC) for determination, together with any recommendations provided by all bodies consulted, and the reason why the advice of the SVPC is not accepted by the City of Swan. Page 1

Proposed Tourist Facilities (Horse Drawn Wagon Tours ...€¦ · West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan

  • Upload
    others

  • View
    2

  • Download
    0

Embed Size (px)

Citation preview

Page 1: Proposed Tourist Facilities (Horse Drawn Wagon Tours ...€¦ · West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan

Ordinary Meeting of Council 25 May 2016

3.4 PROPOSED TOURIST FACILITIES (HORSE DRAWN WAGON TOURS) - LOT 58 CRANLEIGH STREET, WEST SWAN (DA654-15)

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application proposes to use part of the property at Lot 58 Cranleigh Street, West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan Valley.

• The subject property is zoned 'Swan Valley Rural' under Local Planning Scheme No.17 (LPS17), and ‘Area B’ in the Swan Valley Planning Act 1995 (SVPC Act), where ‘Tourist Facilities’ is an ‘A’ use in this zone, requiring public notice to be given before the City can determine the application.

• The proposal was advertised to surrounding property owners and residents’ associations for comment. A total of 8 submissions were received with 1 letter of support, 1 letter not objecting to the proposal but raising concerns, and 6 objections citing concerns relating to potential impacts on traffic and road safety in West Swan Road; the unsightliness of the existing structures on the property, animal welfare, inconsistency with the rural character and the objectives of the draft Swan Valley Development Plan.

• City staff acknowledge that the horse-drawn wagons are relatively slow-moving, however, they are “as of right” vehicles on the roads and have been in operation for nearly 17 years.

• The Swan Valley Planning Committee (SVPC) at its meeting on 1 February 2016 resolved not to support the proposal on the basis that it would have a detrimental impact on the rural character of the area. It is considered that this concern is unfounded and it would appear their concerns relate to the existing approved structures on the property, rather than the proposed new development.

• Complaints relating to the existing approved structures on the property are not relevant to this application and cannot be taken into account as far as the proposed development is concerned.

• Pursuant to cl.30B(5) of the Metropolitan Region Scheme (MRS), where the responsibility is the City of Swan, the City is to have due regard to the advice of the SVPC but if the City does not accept that advice, the City is to refer the application to the Western Australian Planning Commission (WAPC) for determination, together with any recommendations provided by all bodies consulted, and the reason why the advice of the SVPC is not accepted by the City of Swan.

Page 1

Page 2: Proposed Tourist Facilities (Horse Drawn Wagon Tours ...€¦ · West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan

Ordinary Meeting of Council 25 May 2016

• The Department of Planning (DoP) was consulted, as the lot includes a portion of Regional Road Reserve. They have no objection to the proposal.

• In accordance with Section B (4)(b) of the Instrument of Delegation DEL2015/02 Powers of Local Government (MRS), pursuant to section 16 of the Planning and Development Act 2005, where the recommendation of the public authority specified in the delegation notice is not acceptable to the local government the application, together with the recommendations provided by all public authorities consulted and the reasons why the recommendation is not acceptable to the local government, shall be referred immediately to the WAPC for determination.

• City staff considers the application consistent with the objectives for the Swan Valley Rural zone, inclusive of the planning objectives for Area B under the Swan Valley Planning Act 1995.

It is recommended that the Council resolve to approve the application for the property at Lot 58 Cranleigh Street, West Swan as a base for Horse-Drawn Wagon Tours, subject to conditions, pursuant to the City's Local Planning Scheme No.17 (LPS17) and the Planning and Development Local (Planning Schemes) Regulations 2015 and not accept the advice of the Swan Valley Planning Committee and the Department of Planning and recommend the Western Australian Planning Commission approve the application pursuant to the Metropolitan Region Scheme.

AUTHORITY/DISCRETION

Metropolitan Region Scheme (MRS)

Pursuant to cl.26 and cl.30B(5) of the MRS, where the responsible authority is the City of Swan, the City is to have due regard to the advice of the SVPC but if the City does not accept that advice, the City is to refer the application to the WAPC for determination, together with any recommendations provided by all bodies consulted, and the reason why the advice of the SVPC is not accepted by the City of Swan.

In accordance with Instrument of Delegation DEL2015/02 Powers of Local Government (MRS), pursuant to section 16 of the Planning and Development Act 2005, the WAPC resolved to delegate to Local Government its functions in response to determination, in accordance with cl.16(2) and Part IV of the Metropolitan Region Scheme. Pursuant to Section B (4)(b) of the delegation notice, where the recommendation of the public authority specified in the delegation notice is not acceptable to the local government, the application, together with the recommendations provided by all public authorities consulted and the reasons why the recommendation is not acceptable to the local government, shall be referred immediately to the WAPC for determination.

City’s Local Planning Scheme No.17 (LPS17)

Council has discretion in accordance with cl.10.3 of Local Planning Scheme No.17 to approve (with or without conditions) or refuse the application.

Page 2

Page 3: Proposed Tourist Facilities (Horse Drawn Wagon Tours ...€¦ · West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan

Ordinary Meeting of Council 25 May 2016

Planning and Development Local (Planning Schemes) Regulations 2015 (2015 Regulations)

Pursuant to cl.65 of the Planning and Development Local (Planning Schemes) Regulations 2015 (2015 Regulations) Council has discretion to determine an application for an existing unauthorised development in accordance with cl.68(2) of the 2015 Regulations. As such, Council may grant development approval without or with conditions or refuse to grant development approval.

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 Part 14 of the Planning and Development Act 2005.

BACKGROUND

Applicant: Peter and Alida Watson (Swan Valley Wagon Tours) Owner: Norm Gianatti Zoning: LPS17 - Swan Valley Rural (the majority of the lot, and all the

area proposed to be used by the subject business) Regional Reserve (Other Regional Road) / General Rural (both near the western boundary of the lot)

MRS - Rural (the majority of the lot) Regional Reserve (Other Regional Road) (about 45m from the western boundary of the lot)

Strategy/Policy: Swan Valley Development Plan Interim Planning Policy

Development Scheme: NA Existing Land Use: Single House / Nursery / Food and Beverage

Production with incidental Café / Commercial Vehicle Parking (3 Trucks)

Lot Size: 34,247 m2 Lot Area: West Swan Use Class: Tourist Facilities (“A”)

DETAILS OF THE PROPOSAL

The application is for a business offering horse-drawn wagon tours to various tourist destinations within the Swan Valley.

Swan Valley Wagon Tours has been in operation for nearly 17 years and it has been running from the current location (part of Edgecombe Brothers) at 12001 West Swan Road, Henley Brook for approximately 12 years and it is proposed to move to a new location at Lot 58 Cranleigh Street. The wagon tours will operate on roads within the Swan Valley. The company will offer two different routes for its tours:

Morning tour (9.15am to 12.15pm)

• Cranleigh Street – Yahava Coffee – Providore or Cape Lavender – Windarra Honey – Ugly Duckling Winery – return to Cranleigh Street.

Page 3

Page 4: Proposed Tourist Facilities (Horse Drawn Wagon Tours ...€¦ · West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan

Ordinary Meeting of Council 25 May 2016

Afternoon tour (1.15pm to 4.15pm)

• Cranleigh Street – Windarra Honey – Ugly Duckling Winery – Lancaster Wines – Coward and Black Providore and Winery – Cape Lavender – return to Cranleigh Street.

The tours will run in part along West Swan Road and along other local roads.

The company would use a portion of Lot 58 Cranleigh Street as a base for the tours. The company’s two wagons will be kept at Cranleigh Street in an existing “tunnel” (greenhouse) structure on site. Each wagon takes two horses to pull it. To date, the business has not had sufficient demand to use both wagons at once.

The horses are generally kept at another property in Bullsbrook. They are brought in approximately ¾ of an hour before the tour; rested on the property between tours if there is an afternoon tour, and taken home afterwards. The horses would be on the property for around 2 hours per day, 5 days per week. They are draft horses, weighing around 650kg.

The proposal also includes a grassed parking area comprising 8 car bays, and 2 signs of 1.8m long x 0.9m high, mounted on the fence either side of the exit gate.

DESCRIPTION OF SITE

The lot is a long battle-axe shaped lot on the corner of West Swan Road and Cranleigh Street. The Margaret River Chocolate Factory is directly across Cranleigh Street to the south, and there are many tourism-oriented uses nearby: Lancaster Wines, Penny Garden and Yahava Koffee Works are all within 400m. There are substantial vineyards across West Swan Road to the east.

The lot is fairly level and has only scattered trees. The main portion of the lot (excluding the battle-axe leg) has many large plastic tunnels for horticulture, occupying the eastern two-thirds of the lot. The south east corner (closest to the intersection) has no tunnels, is mostly grass, and is the area proposed to be used by the wagon tours.

The rest of the lot is occupied by a house, several large sheds, a grassy yard and a pool. Many disused vehicles and scrap materials are also scattered around the western part of the site.

PUBLIC CONSULTATION

The application was advertised for one month (from early December 2015 to early January this year), to landowners of 7 surrounding properties, as well as various residents’ associations including the Swan Valley Progress Association, Swan Valley Regional Networks, and the Swan Valley Residents and Ratepayers’ Association. At the close of advertising period, 8 submissions had been received with 6 objections, 1 letter raising “concerns” but not objecting, and 1 letter of support. The main issues raised in the submissions of objection are as follows:

• Concerns regarding traffic and congestion on West Swan Road, raised in almost all the responses

Page 4

Page 5: Proposed Tourist Facilities (Horse Drawn Wagon Tours ...€¦ · West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan

Ordinary Meeting of Council 25 May 2016

• The appearance of Lot 58, and that the proposal was considered to be inconsistent with the rural character of the area.

• Concerns regarding the impact of the horses on the property at Lot 58.

• Concerns that the proposal is inconsistent with the Swan Valley Interim Planning Policy, because the proposed tourism use is not ancillary to agriculture.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Department of Planning

The application was referred to the WAPC’s Infrastructure Land Use Coordination section, as the property is affected by Regional Road Reserve for the future Henley Brook Avenue near the western end of the lot. They have no objection to the proposal, subject to the business employing practices recommended to increase safety while on the road.

Department of Transport

The Department of Transport has advised that horse-drawn wagons are “as of right” vehicles on the specified roads, provided that they comply with the requirements of the Road Traffic (Vehicles) Regulations 2014, Part 11, Division 1 (Animal drawn vehicles).

Swan Valley Planning Committee (SVPC)

At its meeting on 1 February 2016, the SVPC resolved that:

1. The proposed storage of two wagons in existing tunnels (previously approved and constructed for the growing of strawberries) is:

i. An inappropriate use of the (now) horticulture structures;

ii. Is incompatible with planning objectives 8.3 and 8.6 for area B of the Swan Valley Planning Act 1995;

iii. Will adversely affect the rural amenity of the area; and

2. Recommends that the application not be approved in its present form, but suggests that the applicant consider amending the application by removing the existing horticulture tunnels and erecting a structure compatible with building standards and which complements the rural character of the locality.

Page 5

Page 6: Proposed Tourist Facilities (Horse Drawn Wagon Tours ...€¦ · West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan

Ordinary Meeting of Council 25 May 2016

DETAILS

Use

The proposed use is best classified as 'Tourist Facilities' under LPS17. This is defined as:

"Facilities used or intended to be used by visitors, and includes short-stay accommodation, provision of food and refreshments, recreational activities and the sale of goods produced in adjacent rural areas."

The horse drawn wagon and carriage tours have been in operation for nearly 17 years. While the facilities proposed on site are fairly limited (a pick-up / drop off point, parking and wagon storage area), the tours constitute a recreational activity and hence the classification applies.

This is an 'A' use in the Swan Valley Rural zone under LPS17, i.e. a use which is not permitted unless the local government has exercised its discretion by granting planning approval, after advertising the proposal in accordance with clause 9.4 of the Scheme.

LPS17 lists objectives for the Swan Valley Rural zone. Relevant to this application are Objective (a) which is to “promote the core area of the Swan Valley primarily as a horticultural, recreational, tourism and landscape resource”, and Objective (d) to ensure that the development and use of land accords with the objectives of the Swan Valley Planning Act 1995.

These aspects will be considered as follows.

Swan Valley Planning Act 1995

The Swan Valley Planning Act 1995 was prepared to regulate land use planning within the Swan Valley. Areas have been identified with various area specific controls. The proposed development falls within Area B, which contains 10 objectives. The relevant objectives of the Swan Valley Planning Act for this application are:

8.3 The encouragement of tourist facilities provided that they do not detract from the rural character of the area.

8.6 The compatibility of design, siting and landscaping with the character of the area.

Several respondents cited concerns about the appearance of the property (particularly the deteriorated state of the existing approved horticulture tunnels on the property), and that the proposal would have a detrimental impact on the rural amenity of the area. These concerns regarding the existing tunnels are not relevant to the consideration of the current application.

The physical development proposed comprises only signage, a parking area, and a storage area for wagons. Horse wagons, whether inside or outside a tunnel, are considered to contribute to rural character rather than detract from it. To conclude that horse drawn wagons are not a rural characteristic is unreasonable.

The applicant has relocated the parking area to address some of the concerns raised in the submission period so that it is over 50m from the nearest street boundary. This parking area is grass, rather than hardstand, appropriate to the low level of vehicle traffic anticipated, and to maintaining the rural character of the property. The signage colours and size are also appropriate to the locality.

Page 6

Page 7: Proposed Tourist Facilities (Horse Drawn Wagon Tours ...€¦ · West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan

Ordinary Meeting of Council 25 May 2016

The SVPC has not commented on other aspects of the proposal and its concerns relate to the existing approved structures on the property, rather than the proposed new development. These concerns are not relevant to the consideration of the proposed development. City staff are of the view that it would be unreasonable to expect applicants to remove and replace existing structures as recommended by the SVPC because these structures are existing and have been granted planning approval.

City staff cannot accept the advice of the SVPC because it is unclear as to why it would consider that storing horse wagons in an existing approved rural shed/structures would be “inappropriate”, or how the proposal would detract from the rural character of the area.

Swan Valley Development Plan

One respondent was concerned that the use did not comply with the Swan Valley Development Plan as "the use is not ancillary to agriculture".

The Department of Planning’s (DoP) draft Swan Valley Development Plan 2015 which is intended to be implemented through integration into the City’s local planning scheme once adopted has been publically advertised and submissions are currently being considered by the Department. Under the draft Development Plan, a portion of the property (along West Swan Road) is identified as falling within the 'Swan Valley Intensive Tourism' zone. The purpose of this new 'zone' is “to provide for the limited expansion and consolidation of tourist uses, including tourist accommodation, attractions, and associated uses, along new and established tourist routes”.

The provisions for this zone do not include any reference to tourist development needing to be incidental to agriculture. They do require that the location, form, character and density of development be controlled to prevent land use conflict, and to complement the natural and built features of development within the Swan Valley area. It is considered that the proposal meets these objectives; the minor additional works will have little visual impact on the area at all.

Horses

Concerns were also raised regarding the impact of horses being kept on the property. The horses are stabled at Bullsbrook, and are only kept at Lot 58 Cranleigh Street for a short time (generally no more than two hours) each day, between tours. They will be hand fed while on the property, rather than grazing free. Manure from the horses will be collected and taken back to Bullsbrook. There are no waterways or wetlands within 300m of the land proposed to be used by the tour business. Thus, there is little danger of impact from over grazing, dust, or nutrient transfer. Conditions can be applied to ensure the owners continue to manage their horses as described in the application.

Traffic, Safety and Access

A concern for many respondents was the impact of the operation on traffic on West Swan Road.

West Swan Road is zoned as a 'Local Road' between Reid Highway and Gnangara Road. The Department of Transport has advised that horse-drawn wagons are “as of right” vehicles on the specified roads, provided that they comply with the requirements of the Road Traffic (Vehicles) Regulations 2014, Part 11, Division 1 (Animal drawn vehicles). These regulations generally comprise provisions for lights and reflectors; size restrictions; carrying loads; and so forth. The applicants should not find these difficult to comply with.

Page 7

Page 8: Proposed Tourist Facilities (Horse Drawn Wagon Tours ...€¦ · West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan

Ordinary Meeting of Council 25 May 2016

The applicants have submitted, at the request of City staff, a Road Safety Audit for that part of West Swan Road that will comprise the route for the proposed wagon tours. Peculiarly, in assessing the sightlines along West Swan Road to the crossover access to the Yahava Coffee premises, the report erroneously notes a required sightline distance base on an 80km/h assigned speed (where 70km/h is the assigned speed) and on the designation of this junction as an intersection rather than a property access point. The recommendations attached to this assessment – that a spotter be employed by the wagon tour operator to assist in right-turning movements into West Swan Road out of the Yahava Coffee premises are therefore unwarranted.

The existing signage employed on the current route and which advises motorists of the presence of slower moving horse drawn wagons should be relocated along the parts of West swan Road subject of the new wagon route.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve not to accept the advice of the Swan Valley Planning Committee nor the advice of the Department of Planning with respect to the Road Safety Audit and grant conditional approval for the proposed Tourist Facilities (Horse-drawn Wagon Tours, including pick-up and drop-off point, car parking, overnight wagon storage & signage) at Lot 58 Cranleigh Street, West Swan, pursuant to its Local Planning Scheme No.17. Further the Council recommends the Western Australian Planning Commission approve the application pursuant to the Metropolitan Region Scheme.

Implications: In accordance with the Metropolitan Region Scheme the application is forwarded to the WAPC for determination pursuant to the MRS.

This is the recommended option.

Option 2: The Council may resolve to refuse the proposed Tourist Facilities (Horse-drawn Wagon Tours, including pick-up and drop-off point, car parking, overnight wagon storage & signage) at Lot 58 Cranleigh Street, West Swan, pursuant to the Metropolitan Region Scheme, City’s Local Planning Scheme No.17 and the Planning and Development Local (Planning Schemes) Regulations 2015 on the following grounds:

1. The proposed tours are considered to have an unacceptable impact on West Swan Road in terms of traffic congestion and road safety.

Implications: In accordance with the MRS, a decision consistent with the advice of the Swan Valley Planning Committee by the City of Swan under the Local Planning Scheme is taken to be a determination under the MRS. If the application is refused and the applicant is aggrieved by this determination the applicant will have a right of review in the State Administrative Tribunal.

This is not the recommended option.

Page 8

Page 9: Proposed Tourist Facilities (Horse Drawn Wagon Tours ...€¦ · West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan

Ordinary Meeting of Council 25 May 2016

CONCLUSION

City staff are satisfied that the location of the proposed new tourism development is sited to complement and enhance the rural character of the locality and therefore, is consistent with the relevant objectives for the zone under clause 4.2.19 of LPS17. In particular, the proposal is consistent with the rural character and amenity of the area and will have no detrimental visual impact on West Swan Road.

ATTACHMENTS

Location plan (aerial photo)

Zoning map showing gas pipeline corridors

Site plan

Proposed signage

Proposed routes (Morning and Afternoon Tours)

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Swan Valley Planning Act 1995

Metropolitan Region Scheme

Local Planning Scheme No. 17

POL-TP-126 Building and Development Standards - Rural Zones

Keeping of Livestock Policy

Vehicle Parking Standards

Swan Valley Development Plan

FINANCIAL IMPLICATIONS

Nil

Page 9

Page 10: Proposed Tourist Facilities (Horse Drawn Wagon Tours ...€¦ · West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan

Ordinary Meeting of Council 25 May 2016

VOTING REQUIREMENTS

Simple majority

RECOMMENDATION

That the Council resolve to:

1) Grant conditional approval for the proposed tourist facilities (Horse-drawn Wagon Tours, including pick-up and drop-off point, car parking, overnight wagon storage & signage) at Lot 58 Cranleigh Street, West Swan, pursuant to its Local Planning Scheme No.17 and the Planning and Development Local (Planning Schemes) Regulations 2015, subject to the following conditions:

1. This approval is for “Tourist Facilities” (Horse-drawn wagon tours including pick-up & drop-off point, car parking & overnight wagon storage, & signage) 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. Horses are to be managed in accordance with the following requirements:

a) No more than 4 horses are to be on the property, at any one time.

b) Horses are only to be kept on the property between 8am and 5.30pm, on days when the tours are operating.

c) Manure is to be removed from the property at the end of each day.

d) Horses are to have access to supplementary feed and water while they are on the property.

e) The wagons shall be fitted with the necessary equipment to collect manure.

3. Tours shall operate no earlier than 9.15am, and no later than 4.15pm.

4. The applicant/owner is to make suitable arrangements with Main Roads WA for the relocation of existing warning signage (showing a horse and cart), to new locations appropriate to the proposed routes, such locations to be satisfactory to Main Roads WA. Such relocation may be at the expense of the applicant. Signage is to be installed in the new locations prior to the commencement of the proposed use at Lot 58 Cranleigh Street, unless Main Roads WA advises the City in writing, prior to the use commencing, that the arrangements have been progressed to a stage where the signage works will be implemented, without requiring further action by the applicant.

5. The premises shall be kept in a neat and tidy condition at all times to the satisfaction of the City.

Page 10

Page 11: Proposed Tourist Facilities (Horse Drawn Wagon Tours ...€¦ · West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan

Ordinary Meeting of Council 25 May 2016

6. A total of 8 parking bays shall be provided, each measuring 5.5 x 2.5 metres, as per the approved plan. Car bays and driveways are to be sealed to the satisfaction of the City of Swan, with a surface capable of accepting anticipated loadings (grass is an acceptable seal, provided that ground cover is maintained to an effective and intact state throughout the year). Car bays are to be clearly marked on the ground by an appropriate method, and are to be maintained, to the satisfaction of the City of Swan.

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

8. 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 Standard Advice Notes apply.

2) Not accept the advice of the Department of Planning and refer the application to the Western Australia Planning Commission for its determination in accordance with Section B (4)(b) of the Instrument of Delegation DEL2015/02 Powers of Local Government (MRS), pursuant to section 16 of the Planning and Development Act 2005.

3) Advise the Western Australian Planning Commission (WAPC) of the Council's decision.

4) Advise the applicant/owner and those that lodged a submission of the Council's decision.

MOTION that the Council resolve to adopt the staff recommendation with a correction to Part 2 to change "Department of Planning" to "Swan Valley Planning Committee".

(Cr Trease – Cr Bailey)

RESOLVED UNANIMOUSLY TO:

1) Grant conditional approval for the proposed tourist facilities (Horse-drawn Wagon Tours, including pick-up and drop-off point, car parking, overnight wagon storage & signage) at Lot 58 Cranleigh Street, West Swan, pursuant to its Local Planning Scheme No.17 and the Planning and Development Local (Planning Schemes) Regulations 2015, subject to the following conditions:

1. This approval is for “Tourist Facilities” (Horse-drawn wagon tours including pick-up & drop-off point, car parking & overnight wagon storage, & signage) 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. Horses are to be managed in accordance with the following requirements:

a) No more than 4 horses are to be on the property, at any one time.

Page 11

Page 12: Proposed Tourist Facilities (Horse Drawn Wagon Tours ...€¦ · West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan

Ordinary Meeting of Council 25 May 2016

b) Horses are only to be kept on the property between 8am and 5.30pm, on days when the tours are operating.

c) Manure is to be removed from the property at the end of each day.

d) Horses are to have access to supplementary feed and water while they are on the property.

e) The wagons shall be fitted with the necessary equipment to collect manure.

3. Tours shall operate no earlier than 9.15am, and no later than 4.15pm.

4. The applicant/owner is to make suitable arrangements with Main Roads WA for the relocation of existing warning signage (showing a horse and cart), to new locations appropriate to the proposed routes, such locations to be satisfactory to Main Roads WA. Such relocation may be at the expense of the applicant. Signage is to be installed in the new locations prior to the commencement of the proposed use at Lot 58 Cranleigh Street, unless Main Roads WA advises the City in writing, prior to the use commencing, that the arrangements have been progressed to a stage where the signage works will be implemented, without requiring further action by the applicant.

5. The premises shall be kept in a neat and tidy condition at all times to the satisfaction of the City.

6. A total of 8 parking bays shall be provided, each measuring 5.5 x 2.5 metres, as per the approved plan. Car bays and driveways are to be sealed to the satisfaction of the City of Swan, with a surface capable of accepting anticipated loadings (grass is an acceptable seal, provided that ground cover is maintained to an effective and intact state throughout the year). Car bays are to be clearly marked on the ground by an appropriate method, and are to be maintained, to the satisfaction of the City of Swan.

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

8. 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 Standard Advice Notes apply.

2) Not accept the advice of the Swan Valley Planning Committee and refer the application to the Western Australia Planning Commission for its determination in accordance with Section B (4)(b) of the Instrument of Delegation DEL2015/02 Powers of Local Government (MRS), pursuant to section 16 of the Planning and Development Act 2005.

3) Advise the Western Australian Planning Commission (WAPC) of the Council's decision.

4) Advise the applicant/owner and those that lodged a submission of the Council's decision.

Page 12

Page 13: Proposed Tourist Facilities (Horse Drawn Wagon Tours ...€¦ · West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan

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, 4 May 2016

1:5000

Attachment 1 - Location Plan DA 654-15 Proposed Tourist Facilities(Horse Drawn Wagon Tours)

Page 14: Proposed Tourist Facilities (Horse Drawn Wagon Tours ...€¦ · West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan

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, 4 May 2016

1:5000

Attachment 2 - Zoning mapshowing gas pipelines

Page 15: Proposed Tourist Facilities (Horse Drawn Wagon Tours ...€¦ · West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan

Attachment 3 - Site Plan (forapproval)

Page 16: Proposed Tourist Facilities (Horse Drawn Wagon Tours ...€¦ · West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan

Signage:

We would like to erect 2 signs, each being approximately 1800mm wide and 900mm high.

One will be the logo below.

The second one will have what we provide ie wine and food tasting tours, birthday parties,

anniversary celebrations, weddings and corporate tours. This will be in the same font and

colour.

Both to be mounted on the fence between the exit and entry gates as indicated on the plan.

Attachment 4 - Signage(for approval)

Page 17: Proposed Tourist Facilities (Horse Drawn Wagon Tours ...€¦ · West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan

Attachment 5 - Routes ofmorning and afternoon tours(not for approval)

Page 18: Proposed Tourist Facilities (Horse Drawn Wagon Tours ...€¦ · West Swan as a base for customers wanting to go on the horse-drawn wagon tours currently operating within the Swan