3.1 PROPOSAL FOR 8 CHALETS AND INCIDENTAL GUEST … · 2016-05-03 · Ordinary Meeting of Council 28 April 2010 3.1 PROPOSAL FOR 8 CHALETS AND INCIDENTAL GUEST FACILITIES – 19 JOHN

Ordinary Meeting of Council 28 April 2010

3.1 PROPOSAL FOR 8 CHALETS AND INCIDENTAL GUEST FACILITIES – 19 JOHN STREET, HENLEY BROOK

(Swan Valley) (Development Services)

KEY ISSUES

• The proposal is to develop the subject lot with 8 tourist chalets (catering to a maximum of 16 guests) and associated guest facilities including a swimming pool, administration building, and laundry.

• The subject lot is currently zoned “Swan Valley Rural” under the City’s Local Planning Scheme No. 17. The use of “Cabin or Chalet” is a “D” (discretionary) use under the Scheme.

• The proposal was advertised to adjoining and nearby landowners located within a 200m radius of the subject lot. At the end of the advertising period, 50 individual submissions were received, comprising 43 objections and a further petition of objection signed by 87 persons. Objections cited:

− Impact on the residential amenity of the area (noise, lighting, privacy of residents, behaviour of guests)

− The appearance of the chalets, which was felt to be “out of keeping” with the character of the area

− Potential for impact on Henley Brook and on groundwater, due to perceived concerns regarding the disposal of effluent, stormwater, and pool backwash.

− Traffic and parking concerns

− Scheme water supply to other residents in the street. The mains water pressure in the street is already low, and the mains feed west from West Swan Road.

− The “intensive” use of the site, which already has approval for a home business (Kitchen Design Studio) and a Bed and Breakfast for 6 guests.

− The increasing “commercialisation” of the Swan Valley, and concerns about tourism and commercial uses “intruding” into residential streets

− Statements of support generally spoke of the need for more accommodation of this type (“upmarket”) in the Swan Valley.

• In investigating the concerns raised, the proposal was referred to various departments within the City, as well as being referred to the Water Corporation and the Swan River Trust.

• The proposal as referred to the Swan Valley Planning Committee who resolved that the proposal is inconsistent with the Planning Objectives for Area B of Swan Valley Planning Act. Where the Council’s decision on the application is


contrary to the SVPC resolution the application will be determined by the Western Australian Planning Commission.

• The proposal is considered by City staff to be consistent with the objectives of the Swan Valley Rural zone, and the Planning Objectives for Area B of the of the Swan Valley Planning Act 1995, being of a land use type and of a scale and design that is considered to have no adverse impact on rural character and amenity or the traditional viticultural and horticultural uses of the locality.

• The absence of strategic guidelines to direct the location of commercial uses within the Swan Valley is not considered a sound basis to substantiate a refusal of the proposal.

• Concerns with matters of traffic and access raised in public submissions are considered to be adequately addressed noting the traffic volumes and existing speed signage of John Street and the proposed rationalisation of the entry/exist points to the site.

• Environmental concerns with impact on Henley Brook which traverses the site can be addressed through conditional requirements for both a Stormwater Management Plan and a Revegetation Plan as recommended by the Swan River Trust.

It is recommended that the Council resolve to advise the WAPC that it supports the proposed development on the subject lot, subject to appropriate conditions.

AUTHORITY/DISCRETION

Under Local Planning Scheme 17, the City has the power to determine development applications on the subject lot.

However, as noted above, under the provisions of the Swan Valley Planning Legislation Amendment Act (2006) (Schedule 1, Division 4 (5)(c)(3)), where the City disagrees with a resolution of the Swan Valley Planning Committee, the application shall be forwarded to the Western Australian Planning Commission for final determination.

In such a situation, the role of Council is to forward its recommendation to the Commission, together with any recommendations provided by all bodies consulted, and the reasons why the advice of the Committee was not accepted by the City of Swan.

Also, where the City does not support a recommendation made by the Swan River Trust, the application shall be referred to the Western Australian Planning Commission for final determination, under the provisions of the Metropolitan Region Scheme (Clause 30A(2)(b)).

BACKGROUND

Applicant: Burgess Design Group Owner: Alexander and Margaret Milligan Zoning: TPS - Swan Valley Rural

Ordinary Meeting of Council 28 April 2010 MRS - Rural Strategy/Policy: - Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Residence, Home Business (Kitchen Design Studio),

Bed and Breakfast Lot Size: 18,919 m2 Area: Henley Brook Use Class: Cabin or Chalet – “D” (Discretionary) use

DETAILS OF THE PROPOSAL

The proposal is for 8 tourism accommodation chalets and associated guest facilities comprising a combined total floorspace of approximately 542m2, with an extension of the existing parking area in the western portion of the site.

All the chalets are single bedroom chalets, however, there are two types of chalet proposed. Four of the chalets (shown as “Type 1” on the plans) are self-contained. The “Type 2a” and “Type 2b” chalets may be used as either 4 independent one-bedroom chalets, or combined to form 2 larger two-bedroom chalets.

There are two new buildings proposed to provide facilities for guests. The Administration / Meals building includes an area where guests can prepare tea and coffee, a reading area, a reception/office area, and storage. There is also a small guest laundry immediately to the south.

The proposal is for a maximum of 16 guests to be accommodated in the chalets at any one time. In addition, the applicants envisage that they would employ two part time cleaning staff, and would make use of a laundry pick-up / delivery service visiting once per week.

The proposed buildings would match the existing residence in materials and colours, ie. rendered earth-toned walls, and terracotta tile roofing. They are proposed to be set back from John Street by approximately 12m at their nearest point.

The majority of the site, down a slope and to the east of the built area, will retain its current use for grazing and agisting alpacas.

A parking area to accommodate a total of 26 cars is also proposed, with access proposed from the most southerly of the two existing crossovers onto John Street. The other crossover to the north will be removed.

DESCRIPTION OF SITE

The subject property is an irregularly multisided lot of 1.8 hectares in area, bounded by West Swan Road along its eastern edge and John Street along its northern edge. It is approximately 400m south of Gnangara Rd / Henry Street. It contains an existing residence and ancillary structures situated in its eastern half with the land sloping towards Henley Brook, running north/south through the lot. The land is mostly cleared with some remnant vegetation along the brook edge.

The existing residence has approval for a bed and breakfast operation and a furniture and design studio.

Ordinary Meeting of Council 28 April 2010 The surrounding locality primarily comprises residential properties of similar size, with tourism orientated restaurant and commercial vineyards along West Swan Road and parts of John Street.

SITE HISTORY/PREVIOUS APPROVALS

Development Approvals

13369-2001 Approved 10.10.2001 Removal of 16 Maple Trees 14391-2002 Cancelled – application not required Chalet DA 174-2005 Approved by Council 24.8.05 Home Business (Furniture and Design Studio) and Bed and Breakfast Note: Bed and Breakfast business was approved for up to 6 guests DA 686-05 No Decision Filling of Land (Retrospective) (This has not been resolved to date – not through any fault of the applicants. It has recently been “re-opened” with the intention of resolving it as soon as possible). Building Licences 2199-2002 Approved Shed (60 m2) 720-2003 Approved Dwelling / Garage (525 m2)

APPLICANT'S SUBMISSION

The applicant has provided justification of the proposal which is summarised as follows:

• They are intended to be of a high quality; • They are designed to match the materials, style and colouring of the existing

residence; • They have been appropriately placed on site to minimise impact on neighbours; • They have been sited specifically to minimise cut and fill and thus any visual impact

on amenity; • Additional landscaping and revegetation is proposed, to enhance screening; • The use is a much needed land use within the Swan Valley; • The use is specifically listed as an important element of the land use objectives for

the Swan Valley within the overall planning framework; and, • Servicing, site layout, effluent disposal, parking, separation from creek (elevation

and distance), and setbacks all meet the requirements of the City.

Submission from the City Of Swan Business and Tourism Development Section

The Business and Tourism Development section was invited to give their assessment of the demand / business case for the proposed accommodation. Their response is as follows:

Ordinary Meeting of Council 28 April 2010 "In Perth’s CBD alone it is estimated in a recent economic review undertaken by Access Economics that without an increase in the supply of hotel/motel accommodation there will be an opportunity cost to business of $660 million by the year 2019-2020; the Swan Valley has the opportunity to gain a slice of this projected expenditure given its proximity to central Perth.

Tourism Western Australia visitor statistics state that more than 60% of international and interstate visitors to WA stay in Perth and do all their touring from here, including day trips to Margaret River. The Swan Valley could easily be used as a base to visit many local attractions as well as satisfy that desire to visit a wine region. This research also confirms that there are some 4.7 million West Australians travelling around WA each year and staying in accommodation, 46% of these for the purposes of taking a holiday, 27% are interested in sightseeing; again the Swan Valley has the opportunity to capitalise on this market.

The Swan Valley has 18 accommodation providers supplying 254 rooms per night with all at capacity every weekend. In the recent Better Business Blitz Research undertaken by Tourism WA (June 2009) respondents commented that there is a lack of awareness of the accommodation on offer and a lack of choice. Of those that were surveyed, 78% stayed overnight because they were attending a private function or wanted a weekend break. The Wedding Market is a very strong growth market in the Swan Valley indicating good demand for accommodation in the future.

Since the closure of Hansens luxury accommodation, the Swan Valley has lacked a key accommodation attractor to the region. Given the high quality nature of the proposed development, there is an opportunity for the Valley to leverage off the publicity that such a development could bring, resulting in positive positioning of the Swan Valley as an overnight destination.

From a business perspective this proposal supports the viticulture industry by providing an opportunity for visitors to stay and enjoy more of the viticulture product."

PUBLIC CONSULTATION

The application was advertised, for a period of three weeks, to landowners within a 200m radius of the subject property. At the end of the advertising period, 50 individual submissions were received, comprising 43 objections and a further petition of objection signed by 87 persons. Objections cited:

• The potential impact on the residential amenity of the area (noise, lighting, privacy of residents, behaviour of guests)

• The appearance of the chalets, which many respondents considered to be “out of keeping” with the character of the area

• The potential for impact on Henley Brook and on groundwater, due to perceived concerns regarding the disposal of effluent, stormwater, and pool backwash.

• Traffic and parking concerns, including concerns that this portion of John Street is perceived to have a dangerous bend

• Scheme water supply to other residents in the street. The water pressure in the street is already low, and the proposed development is “first off the pipe” in the street.

Ordinary Meeting of Council 28 April 2010 • The “intensive” use of the site, which already has approval for a home business

(Kitchen Design Studio) and a Bed and Breakfast for 6 guests. It was noted that the home business was operating beyond the bounds of its approval. The City has since advised the owners to cease other operations, and they now state they are complying with the conditions of that original approval.

• Impact on property values

• The increasing “commercialisation” of the Swan Valley, and concerns about tourism and commercial uses “intruding” into residential streets

• “Miscellaneous” concerns included:

− Concerns that if this proposal was allowed, it would lead to subdivision down the track

− Concerns about guests bothering people’s horses / animals, and getting injured − Concerns that chalets could be leased out to Department of Housing clients for

short term accommodation − Concerns that there are too many signs in the area already − Concerns that the property should be charged commercial rates − Concerns that the property could have Indigenous significance (no particular

evidence was given for this) − Concerns that the proposal did not comply with various State and local planning

policies. − Concerns that the property would require more bore water and so would

disadvantage other users in the area (note that bore water licences are issued by the Department of Water and are not connected with Council approvals).

• The statements of support received generally spoke of the need for more accommodation of this type (“upmarket”) in the Swan Valley.

• Since the close of advertising, the City has continued to receive a small number of submissions in relation to this proposal. However, no significant new information or concerns have come to light.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

In investigating the concerns raised, the proposal has been referred to a number of external agencies, including:

The Water Corporation

The proposal was referred to the Water Corporation due to concerns raised by residents about water pressure in the street. The Water Corporation acknowledged that the water supply in this area “may be at the lower end of the Corporation’s service standard”, but stated that it had no objections to the proposal: “this type and size of proposed development should not result in an adverse manner to the existing supply.”

The Swan Valley Planning Committee

The proposal was put to the Swan Valley Planning Committee, at its meeting of 23 November 2009. The plan presented to the Committee indicated the proposed car parking in a location closer to the Brook. That location contains landfill that is subject of

Ordinary Meeting of Council 28 April 2010 a separate application for retrospective planning approval, noted in this report as DA686-05 which has not yet been determined.

The SVPC resolved that:

“1. That the application for 8 chalets on the subject lot is inconsistent with the planning objectives of Area B of the Swan Valley Planning Act 1995 and therefore the application is not supported by the Swan Valley Planning Committee.

2. To request the City of Swan to provide the Committee with guidelines for approval of chalets (in particular the number and location) and to address the issue of preferred land use according to a structure plan; and

3. To advise the City of Swan that the retrospective application for the landfill be dealt with in isolation to this proposal”.

In relation to the part of that resolution pertaining to the landfill, as noted this will be dealt with separately and the plan presently before Council has relocated the proposed car parking area away from this part of the site.

In regard to their decision not to support the proposal, the Committee stated the following reasons:

• “Objection to the proposal by local residents is strong. They see theirs as a residential locality and object to the erection of tourist accommodation.”

and

• “The Committee is concerned about the growing interest of landholders within the Swan Valley to capitalise on its tourist opportunities by erecting “cabins or chalets” for short-term tourist accommodation. Evidence available to the Committee indicates that there is a shortage of appropriate accommodation within the Swan Valley, but the Committee is concerned that unmet need should not proceed before assessment is made of suitable sites and locations for such accommodation.

This application is a case in point. The tourist accommodation is to be erected within an area established for other special purposes. In this respect, the location is not suited to the proposed use.”

These matters will be discussed further in the report.

The Swan River Trust

The proposal was referred to the Swan River Trust (SRT), given the question of the proposals potential to affect waters of the Swan River via Henley Brook.

The SRT supports the modified application which eliminates proposed development over that portion of the site subject of the landfill application, subject to a range of conditions including:

1. the installation of a new onsite effluent disposal (OED) system which replaces the existing septic system serving the residence and consolidates it into a single system serving the entire site;

2. placement of the OED and its irrigation area more than 30m from the Brook;

Ordinary Meeting of Council 28 April 2010 3. a new stormwater drainage plan being prepared and implemented in consultation

with the SRT;

4. a landscaping plan for the property being prepared and implemented in consultation with the SRT;

5. no backwash from the pool to enter the Brook or the local government drainage system; and

6. no deleterious materials entering the Brook.

The City agrees with the recommended conditions of the SRT, with the exception of the first stated condition above. There is no requirement under the Health Act for the existing septic system to be upgraded and as the existing development is not the subject of this application, the imposition of any such condition, whilst desirable to the SRT, manifestly fails to substantiate a reasonable link to the proposal and so fails the accepted tests of a valid condition.

If the Council resolves to approve the proposed development contrary to the recommendation of the Swan Valley Planning Committee, the application must be referred to the WAPC for final determination. In that instance the matter of conditions as recommended by the Swan River Trust will be at the discretion of the WAPC.

REPORT

Zoning and Permissibility of use

The subject lot is zoned “Swan Valley Rural” under the City’s Local Planning Scheme No. 17. The proposed use accords with the definition of “Cabins or Chalets” in the Scheme, ie:

“cabin or chalet – means a dwelling that is used or provided for holiday purposes and is available to the public at large or to a part of the public defined by a common class, trade, employment, religion or association.”

This is a “D” (Discretionary) use in the subject zone.

The objectives of the Swan Valley Rural zone are to:

a) Promote the core area of the Swan Valley primarily as a horticultural, recreational, tourism and landscape resource;

b) Provide for limited rural living within the Swan Valley, subject to locational, design and landscaping requirements to enhance the character and amenity of the valley and to ensure compatibility with productive rural activities;

c) Recognise the occurrence of high quality horticultural soils and scarce plastic clays and to protect these resources from development which would jeopardise their current and future use;

d) Ensure that the development and use of land accords with the planning objectives for Area B as specified in the Swan Valley Planning Act 1995.

Ordinary Meeting of Council 28 April 2010 It is considered that the proposed “Cabins and Chalets” are generally consistent with the intentions of the Swan Valley Rural Zoning:

• The proposed use serves the tourism market and would be located in the core area of the Swan Valley. The property is on the corner of West Swan Road, which is regarded as being the major thoroughfare through the Swan Valley.

• The proposal does not involve any additional permanent residential use, but it is considered that care has been taken with the design to not impact negatively on the character and amenity of the valley.

• The proposed development does not involve the removal of any existing agricultural activities, and does not involve the removal of soil. If approved, the total area of all the buildings on the lot will only cover around 5% of the lot area, so the soils will mostly be unaffected.

• The proposal has been assessed against and found to be consistent with the objectives for Area B of the Swan Valley Planning Act, as detailed below. (Note that the subject property is actually located within Area B).

Swan Valley Planning Act Objectives for Area B

The application’s consistency with the Planning Objectives for Area B of the Swan Valley Planning Act is considered in conjunction, where applicable, with the public submissions as follows.

1. The protection of viticulture

The proposed chalets are intended to cater for tourists visiting the Swan Valley. By attracting visitors to the Valley’s local attractions (wineries, restaurants, etc.), it could be argued that the chalets will indirectly support, and complement, viticulture activities in the area.

The property on which the chalets are proposed does not have any viticulture on it, nor do the properties immediately adjoining it, to the north, south and west. No vines need to be removed to enable the proposed development. The proposed chalets are quite a distance from the nearest vineyards (on the opposite side of West Swan Road, at over 150m away) and it is considered that they should be reasonably compatible with existing viticultural activities.

2. The provision of water for viticulture and horticulture and the discouragement of other activities that have high water demands

The proposed development is unlikely to produce any significant increase in the groundwater required to maintain the property. The requirement for bore water, eg. to water landscaping, should be little different to what the property currently requires. It is therefore unlikely to compete with other land uses for groundwater resources. It is anticipated that most of the demand generated by the chalets will be for scheme water and in this regard public concern is allayed by the fact that Water Corporation have advised the proposal will place no undue burden on the existing reticulated water supply network.

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

Ordinary Meeting of Council 28 April 2010 As noted public advertising of the proposal has identified concerns with adverse impact of noise, lighting, guest behaviour, traffic and activity associated with the proposed use of itself and in conjunction with the existing approved home business and bed and breakfast on the site. These specific concerns are echoed by a more general concern by elements of the public with the increasing commercialization of the Swan Valley and intrusion of commercial uses into residential streets. In response to these specific concerns it is noted that:

- noise is regulated by the Environmental (Noise) Regulations 1989;

- Intrusive lighting can be regulated and prevented by a condition of any potential development approval;

- guest behaviour is not normally regulated by land use planning approvals and is subject to more broader generally applicable existing laws; and

- expected traffic generation by this proposal along John Street will not exceed the existing capacity of the road which currently has low volumes. Existing signage on advisory speeds is in place in John Street and the proposed crossover arrangement to service the site should provide for ample sighting and ensure adequate safe use.

City staff note the more general concern, expressed by both residents and the Swan Valley Planning Committee, with the intrusion of commercial development into traditionally residential parts of the Swan Valley. It is acknowledged by City staff that there is an increasingly pressing need to provide some strategic direction and management of commercial/tourism land uses within the Valley at a level more refined then the broad zoning and permissibility arrangements under the City’s town planning scheme. Presently, whilst engaged with both the Swan Valley Planning Committee and the Department of Planning to investigate how this can occur, the City is still obliged to determine applications on their specific merits within the existing statutory framework. The absence of strategic guidelines is not a reason of itself to refuse an application and is not considered to be sustainable in a SAT review situation. In the matter of rural character and the impact of this proposal on it, City staff are of the view that, for the reasons above and for reasons outlined further in this report (in relation to maters of siting, design and landscaping of the proposal) no adverse impact is sustained.

4. The encouragement of traditional activities of the Swan Valley and industries associated with viticulture, horticulture and cottage industry provided that they are compatible with the rural character of the area

Whilst the chalets are not themselves directly linked to viticulture or horticulture, insofar as the premises is not used for viticultural or horticultural production, a view may be taken here, and in fact has been in past instances, that tourist accommodation is responsive and sympathetic to viticultural and horticultural activities providing a flow on benefit of patronage to wineries and cellar door operations.

5. The encouragement of the consolidation of retail and community facilities at Herne Hill, Caversham and West Swan

5A. The limited expansion of existing retail and community facilities at Herne Hill, Caversham and West Swan where such facilities are required to service the local community and will not detract from the rural character of the area.

These objectives are not relevant to this application.

Ordinary Meeting of Council 28 April 2010 6. The compatibility of design, siting and landscaping with the character of the area

The proposed development has been effectively “clustered” around the existing two storey residence in the western portion of the site, being setback approximately 13 metres from John Street. Public submissions objecting to the development cited concerns with the appearance of the chalets and the impact of the reduced setback on streetscape. The proposed chalets are designed as single storey terrace units to be constructed in rendered earth tone walls and terracotta roofing to match the house. The chalets are orientated in a ‘L” configuration around the house to maximise separation from abutting residences on adjoining lots and to utilise the less visible lower lying part of the site. The provision of “wrap around” landscaping, comprising low level shrubs and taller trees, will effect a degree of screening from John Street. The aspect of landscaping is recommended to be subject of a condition of any potential approval of the development. Provision of such landscaping, combined with the developments proposed single storey scale, clustered orientation and minimal building footprint of 542m2 (which represents approximately 2.8% of the lot area) facilitates a minimal visual impact to the existing rural character of the locality and is considered to justify the reduced setback.

7. The discouragement of uses that are incompatible with the rural character and traditional agricultural activities of the area

For the reasons outlined against the other objectives above the proposal is considered neither incompatible with traditional agricultural activities nor the rural character of the locality.

8. The extraction of basic raw materials so far as it is compatible with the character and amenity of the area and subject to the rehabilitation of the affected land

Not relevant to this application.

9. The subdivision into lots of less than 4 hectares only where this is consistent with the objectives set out in this section

Not relevant to this application.

10. The avoidance of overstocking, of activities causing pollution or degradation of the environment and of any other land management practices detrimental to the amenity of the area

No additional livestock are proposed to be kept on the property. The number of alpacas on the property currently appears to be in line with the City’s Keeping of Livestock Policy.

As has been noted, concerns have been expressed during the public advertising process about the potential impact of effluent and stormwater run-off on the groundwater and on Henley Brook. These issues have since been extensively investigated, with input from the City’s Environmental Health and Parks/Reserves sections, and the Swan River Trust. The City’s Environmental Health section is satisfied that the proposal complies with relevant standards (Government Sewerage Policy) and that there is sufficient area within the site for an effluent disposal field well clear of the Brook.

Stormwater discharge can be adequately managed as a condition of any potential development approval, ensuring that the drainage system is designed to mitigate against any adverse impact of discharge directly or indirectly into the Brook or groundwater table. Such system would be designed to the satisfaction of the City in consultation with

Ordinary Meeting of Council 28 April 2010 the Swan River Trust, with consideration of the nutrient stripping and erosion mitigating aspects of revegetation taken into account.

In conclusion, it is the opinion of City staff that the proposed development is consistent with the Planning Objectives for Area B of the Swan Valley Planning Act 1995 and therein objective (d) of the Swan Valley Rural zone.

Car parking and access

The City’s parking standards require provision of 2 bays per chalet which equates to a requirement for 16 additional bays. Whilst the applicant’s have sought some dispensation for a lesser rate of parking to be supplied on the basis that the proposed chalets are single bedroom only, it is considered reasonable, having regard to the possibility for future modification to expand accommodation arrangements within them, to insist on the Scheme standard. There is sufficient room to accommodate the 16 bays as an extension of the existing parking area.

As has been noted, a rationalisation of the existing three crossovers to the site will provide a single point of access only for the proposed development. One crossover will be removed and the second existing crossover will be retained for emergency access purposes only (as indicated on the attached plan). The City’s traffic engineers have confirmed that this arrangement will provide adequate sightlines taking into consideration existing traffic volumes and signed speeds on John Street.

Other concerns raised in submissions

Adverse impact on water supply (scheme or bore)

The proposal will utilise Scheme water so no impact on bore supply will occur. As the Water Corporation have advised of no objection to the proposal it must be assumed that no significant impact on the level of service in the water supply is likely to occur from the proposal.

Impact on property values

It is unsubstantiated that the proposed use would negatively affect nearby property values. In any case, this is not a legitimate planning ground for refusing the proposal.

Concerns that if this proposal was allowed, it would lead to subdivision down the track

This is completely unsubstantiated. Under current planning objectives for Area B of the Swan Valley, the property could not be subdivided. The number of chalets on the property would not affect any application for subdivision.

Concerns that chalets could be leased out to Department of Housing clients for short term accommodation

This concern is, again, unsubstantiated. While the Department of Housing may occasionally place clients in short term accommodation, it is drawing a long bow to assume that (1) the owners of the property would be pursuing any such use; and (2) even if they did, that any such clients would necessarily be undesirable people. There is nothing preventing owners of nearby residences similarly letting rooms to the Department of Housing, or anyone else. Any guests of the chalets – wherever they are from – would be bound by the normal laws of the land, as to their behaviour.

Concerns that there are too many signs in the area already

Ordinary Meeting of Council 28 April 2010 There is no signage proposed as part of the current application.

Concerns that the property should be charged commercial rates

This is a matter for the city’s rates department, and would not affect planning approval.

Concerns that the property could have Indigenous significance, as Henley Brook runs through it

No further evidence was provided in relation to this concern. Matters of Indigenous significance are governed by the Aboriginal Heritage Act 1972. While the applicant is obliged to meet this Act’s requirements, the City has no authority to uphold the provisions of this Act. Consideration of whether a property has Indigenous significance is handled by other authorities, and not by local government.

Concerns that the proposal does not comply with various State and local planning policies.

Various planning policies were quoted by respondents – many of which were misinterpreted, or no longer valid. In particular, several respondents interpreted the proposal as being for a “grouped dwelling” (which it is certainly not, by any recognised planning definition) and attempted to show how it did not meet various standards for grouped dwellings. There were claims that the proposal did not comply with the requirements of the Swan Valley Planning Act, and the Government Sewerage Policy (these matters have been addressed in the report).

OPTIONS AND IMPLICATIONS

Option 1: The Council may resolve to:

1. Recommend to the WAPC the approval of the proposed Chalets and Incidental Guest Facilities at 19 John Street, Henley Brook, contrary to the resolution of the Swan Valley Planning Committee, subject to conditions.

2. Note that the request of the Swan Valley Planning Committee for the City to provide it with guidelines for approval of chalets and to address the issue of preferred land use according to a structure plan, is a project that should be a joint responsibility between the City, WAPC and the Committee itself and is not contingent upon the City alone.

3. Advise all those parties who have made a submission of the Council’s resolution.

This is the recommended option.

Implications: The application will be forwarded to the WAPC for final determination.

Option 2: The Council may resolve to refuse the proposed Chalets and Incidental Guest Facilities at 19 John Street, Henley Brook for the following reasons;

1. The proposal is not considered to be consistent with Planning Objectives 3, 4, 6 and 7 of Area B of the Swan Valley Planning Act


1995 and therein is incompatible with the objectives of the Swan Valley Rural zone as stipulated in the City’s Local Planning Scheme No.17, on the grounds that:

(i) The scale of the proposal in terms of its appearance and operation is inconsistent with the prevailing residential character of this part of John Street; and

(ii) The proposed development is not associated with viticultural or horticultural activities occurring on the site.

This is not the recommended option.

Implications: The Council’s decision of refusal will result in the City being the determining body for the application, and a notice of refusal will be issued.

If aggrieved with Council's decision, the applicant has the right of review to the State Administrative Tribunal within 28 days of the Council decision.

CONCLUSION

The proposal is to develop the subject lot with 8 tourist chalets (catering to a maximum of 16 guests) and associated guest facilities including a swimming pool, administration building, and laundry.

The subject lot is currently zoned “Swan Valley Rural” under the City’s Local Planning Scheme No. 17. The use of “Cabin or Chalet” is a “D” (discretionary) use under the Scheme.

The proposal was advertised to adjoining and nearby landowners. At the end of the advertising period, 50 individual submissions were received, comprising 43 objections and a further petition of objection signed by 87 persons. Objections cited:

− Impact on the residential amenity of the area (noise, lighting, privacy of residents, behaviour of guests)

− The appearance of the chalets, which was felt to be “out of keeping” with the character of the area

− Potential for impact on Henley Brook and on groundwater, due to perceived concerns regarding the disposal of effluent, stormwater, and pool backwash.

− Traffic and parking concerns

− Scheme water supply to other residents in the street. The mains water pressure in the street is already low, and the mains feed west from West Swan Road.

− The “intensive” use of the site, which already has approval for a home business (Kitchen Design Studio) and a Bed and Breakfast for 6 guests.

− The increasing “commercialisation” of the Swan Valley, and concerns about tourism and commercial uses “intruding” into residential streets


− Statements of support generally spoke of the need for more accommodation of this type (“upmarket”) in the Swan Valley.

In investigating the concerns raised, the proposal was referred to various departments within the City, as well as being referred to the Water Corporation and the Swan River Trust.

The proposal as referred to the Swan Valley Planning Committee who resolved that the proposal is inconsistent with the Planning Objectives for Area B of Swan Valley Planning Act. Where the Council’s decision on the application is contrary to the SVPC resolution the application will be determined by the Western Australian Planning Commission.

The proposal is considered by City staff to be consistent with the objectives of the Swan Valley Rural zone, and the Planning Objectives for Area B of the of the Swan Valley Planning Act 1995, being of a land use type and of a scale and design that is considered to have no adverse impact on rural character and amenity or the traditional viticultural and horticultural uses of the locality.

The absence of strategic guidelines to direct the location of commercial uses within the Swan Valley is not considered a sound basis to substantiate a refusal of the proposal.

Concerns with matters of traffic and access raised in public submissions are considered to be adequately addressed noting the traffic volumes and existing speed signage of John Street and the proposed rationalisation of the entry/exist points to the site. Adequate parking will be provided.

Environmental concerns with impact on Henley Brook which traverses the site can be addressed through conditional requirements for both a Stormwater Management Plan and a Revegetation Plan as recommended by the Swan River Trust.

Accordingly, it is recommended that Council advise the WAPC that it supports the proposed development, subject to appropriate conditions.

ATTACHMENTS

• Location plan for the property

• Site plan of proposed development

• Elevations of chalets (from John St, and from side)

• Floor plans

• Aerial photograph (2009) showing existing building setbacks in John St

• Aerial photograph of property (2009)

• Site photos including those showing site of proposed chalets, from different viewpoints

• Schedule of submissions from public advertising

Ordinary Meeting of Council 28 April 2010 STRATEGIC IMPLICATIONS

Nil

STATUTORY ENVIRONMENT

Local Planning Scheme No. 17

Planning and Development Act (2005)

Swan Valley Planning Act (1995)

Swan and Canning Rivers Management Act (2006)

FINANCIAL IMPLICATIONS

Nil

RECOMMENDATION

That the Council resolve to:

1) Recommend to the WAPC the approval of the proposed Chalets and Incidental Guest Facilities at 19 John Street, Henley Brook, contrary to the resolution of the Swan Valley Planning Committee, subject to the following conditions:

1. This approval is for “cabins or chalets”, (with incidental guest facilities) 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. The chalets are to cater to a maximum of 16 overnight guests at a time.

3. A total of 16 additional parking bays shall be provided, each measuring 5.5 x 2.5 metres, clearly marked on the ground and served by a 6 metre wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5 metres is required. Disabled bays to measure 5.5 x 3.5m, bays near obstructions to measure 5.5 x 2.8m.

4. The effluent disposal system and associated irrigation area shall be located a minimum of 30m from the Henley Brook and wholly outside the 1 in 100 year floodway.

5. A landscaping plan to address how the chalets, carpark and associated guest facilities will be effectively screened from view of John Street, and surrounding developments, must be submitted to the City of Swan for approval. Such plan shall be submitted to, and approved by, the City prior to the issue of a building licence.

6. The approved landscaping plan (for the purpose of screening) referred to in the above condition shall be implemented, prior to the occupation of


any building. All landscaping is to be maintained onsite to the satisfaction of the Chief Executive Officer.

7. A revegetation plan to address revegetation of the creekline of Henley Brook, with native endemic species, must be submitted to the City of Swan for approval. Such plan shall be submitted to, and approved by, the City prior to the issue of a building licence.

8. The approved revegetation plan referred to in the above condition shall be implemented, prior to the occupation of any building. Revegetation is to be maintained onsite to the satisfaction of the Chief Executive Officer.

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

10. Floodlights shall not be illuminated after 10:00 pm, with all illumination being confined to the limits of the development or as otherwise approved by the City of Swan in writing.

11. 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.

12. The premises shall be kept in a neat and tidy condition at all times to the satisfaction of 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. An approved effluent disposal system must be installed prior to the occupation of any building the subject of this approval.

The effluent disposal system is required to satisfy the requirements of the Department of Water – Water Quality Protection Notes 70 – Wastewater Treatment – Onsite Domestic Systems.

15. The aquatic facility must receive a Permit to Operate and a Certificate of Compliance issued by the Executive Director, Public Health (Department of Health) in accordance with the Health (Aquatic Facilities) Regulations 2007.

Public Swimming Pools:

a) Are to comply in all respects with the Health (Swimming Pools) Regulations 1964; and

b) Prior to commencement of any works, plans and specifications must be submitted to the Department of Health, and written approval received from the Executive Director of Public Health; and

c) Plans and specifications which reflect these requirements (a and b) are to accompany the Building Licence application.

16. No wastewater / backwash from the swimming pool is to be discharged into the Henley Brook or the local government drainage system.


17. No development, fill, building materials, rubbish, or any other deleterious matter shall be allowed to enter the Henley Brook as a result of the approved development.

18. The Application for Approval to Construct or Install an Apparatus for the Treatment of Sewage Form, and the required fee, is to accompany the Building Licence application.

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

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

21. 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.

22. A stormwater drainage plan is to be prepared and submitted to the City of Swan prior to any building licence being issued, showing how buildings and carparks will be drained, and providing details regarding the detention basin to the satisfaction of the City. The plan is to indicate the outlet structure and the channel from the detention basin, and is to indicate the type of channel vegetation to stabilise batters and prevent erosion and scouring of landfill material into the creek.

Stormdrain to be designed and installed in accordance with design guideline. Refer to http://www.cityofswan.com/docs/documents/9221/Certification_of_Stormwater_Drainage_796992.pdf

23. The drainage system of the site must be designed for a 1 in 100 year storm (minimum). An overland flow path must be provided for potential internal system failure.

24. The stormwater drainage plan which forms part of the approved plans shall be implemented prior to occupation or use of the buildings.

25. Any existing vehicle crossover not included as part of the proposed development on the approved plan shall be removed, and the verge and kerb reinstated prior to the practical completion of the development to the City’s satisfaction.

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

27. 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.

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.

http://www.cityofswan.com/docs/documents/9221/Certification_of_Stormwater_Drainage_796992.pdf

http://www.cityofswan.com/docs/documents/9221/Certification_of_Stormwater_Drainage_796992.pdf


ADVICE NOTES

a) “Cabin or Chalet” means a dwelling that is used or provided for holiday purposes and is available to the public at large or to a part of the public defined by a common class, trade, employment, religion or association.”

b) The maximum occupancy of 16 guests in the chalets is in addition to the existing approval for 6 guests in the current approved Bed and Breakfast establishment.

c) The 16 new parking bays required are in addition to the 10 existing customer parking bays already on site, which cater to the Bed and Breakfast establishment and the Home Business (Furniture and Design Studio).

d) In accordance with the Health Act 1911 and the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974, an application to construct an on-site effluent disposal system must be submitted to and approved by the City’s Principal Environmental Health Officer, prior to the construction of such a system.

e) The proposed development is not to be within 1.2 metres of any sewerage septic tank or 1.8 metres of any effluent leach drain without the City of Swan’s approval.

f) 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.

g) All development works are to be carried out in accordance with control of noise practices set out in Section 6 of AS 2436-1981 or the equivalent current Australian Standard.

h) No works shall commence prior to 7.00 am without the City’s approval.

i) The carrying on of the development must not cause a dust nuisance to neighbours. Where appropriate such measures as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and in the manner directed by the City’s Principal Environmental Health Officer if it is considered that a dust nuisance exists.

j) Kerbs, roadways, footpaths, open drains, stormwater pits, service authority pits and nature strips must be adequately protected during the construction of the development.

k) This approval does not constitute approval from other service authorities to construct the crossovers as shown on the plan. It is recommended that the applicant ascertain the location and depth of any services that may interfere with crossover and associated building construction. Any adjustment to affected services is to be arranged by the applicant at their expense with the appropriate service authority approval, prior to works commencing on the site.

l) In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989 a Building Licence application must be


submitted to, and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site.

m) To enable your Building Licence Application to be assessed promptly, please ensure a complete application is submitted to the City.

n) To assist in preparing a complete Building Licence Application refer to the City of Swan Website (cityofswan.com) and follow the links to Building Services Applicant Checklists.

o) If you require assistance, please contact Customer Services on 9267 9267.

p) It is recommended that the Developer ensures that compliance with the access and facilities for disabled requirements of the Building Code of Australia and all other relevant Australian Standards in respect of access and facilities for the disabled are met.

q) In regard to conditions 5 and 6, detailed landscaping and revegetation plans shall be drawn to a scale of 1:100. Guidelines are available from the City of Swan.

r) In regard to conditions 7 and 8, to minimise nutrient and sediment transportation, protect the integrity of the watercourse and provide habitat for native riparian fauna, the revegetation plan required shall include planting of local endemic species along the Henley Brook and controls to prevent stock from entering the watercourse and adjacent revegetation areas.

s) In regard to Condition 16 regarding the disposal of pool backwash, the applicant is advised that the Swan River Trust does not support the discharge of swimming pool water or backwash water into the watercourse, as the treated water may contain chemicals that are detrimental to riverine ecology. The use of limestone lined soakwells may be appropriate to carry out this function.

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

u) 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 licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

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

w) This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant and not the


City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention.

2) Note that the request of the Swan Valley Planning Committee for the City to provide it with guidelines for approval of chalets and to address the issue of preferred land use according to a structure plan, is a project that should be a joint responsibility between the City, WAPC and the Committee itself and is not contingent upon the City alone.

3) Advise all those parties who have made a submission of the Council’s resolution.

CARRIED


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Documents

3.1 PROPOSAL FOR 8 CHALETS AND INCIDENTAL GUEST … · 2016-05-03 · Ordinary Meeting of Council 28 April 2010 3.1 PROPOSAL FOR 8 CHALETS AND INCIDENTAL GUEST FACILITIES – 19 JOHN