3.3 PROPOSED RESTAURANT, RURAL PURSUIT AND FOOD … · • The application proposes a Restaurant, Food and Beverage Production, Rural ... the visual impact of buildings and the impacts

Ordinary Meeting of Council 01 July 2015

3.3 PROPOSED RESTAURANT, RURAL PURSUIT AND FOOD AND BEVERAGE PRODUCTION - LOT 16 (NO. 1056) AND LOT 26 (NO. 1072) GREAT NORTHERN HIGHWAY, BASKERVILLE (DA932-14)

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

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application proposes a Restaurant, Food and Beverage Production, Rural Pursuit and associated development at Lot 16 (No.1056) and Lot 26 (No. 1072) Great Northern Highway, Baskerville.

• The subject land is zoned 'Rural' under the Metropolitan Region Scheme (MRS) and 'Swan Valley Rural’ under Local Planning Scheme No.17 (LPS 17). Proposed land uses are ‘D’ (discretionary) within the Swan Valley Rural zone.

• The proposal involves the conversion of the existing 288m2 shed on Lot 16 to a restaurant and commercial kitchen. It is intended produce grown on Lot 16 will be utilised in the preparation of food and beverages to be sold for consumption on and off site.

• The application was referred to the Swan Valley Planning Committee (SVPC), who resolved to support the proposal against the objectives of the Swan Valley Planning Act (1995).

• The application was advertised to nearby land owners. Seven submissions were received, including 6 objections. Key concerns raised during the consultation process relate to traffic, access, the compatibility of the use within its setting, the visual impact of buildings and the impacts on the amenity of adjoining properties, including the impacts of noise and overlooking.

• It is considered that the development as proposed meets the relevant planning objectives of both the City’s Local Planning Scheme No.17 and the Swan Valley Planning Act 1995.

It is recommended that the Council approve the application for a ‘Restaurant’, ‘Food and Beverage Production’, ‘Rural Pursuit’ and associated development at Lot 16 (No.1056) and Lot 26 (No. 1072) Great Northern Highway, Baskerville, subject to conditions.

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AUTHORITY/DISCRETION

Council has discretion pursuant to Clause 10.3 of its Local Planning Scheme No.17 to determine applications for planning approval. If the applicant is aggrieved by a decision, a right of review exists to the State Administrative Tribunal in accordance with Part 14 of the Planning and Development Act 2005.

Clause 30B (5) of the Metropolitan Region Scheme (MRS) requires the Western Australian Planning Commission (WAPC) to determine applications for approval where the City does not accept the recommendation of the Swan Valley Planning Committee. In such instances, a dual approval process is followed, with one determination by the City under LPS17, and one by the WAPC under the MRS.

BACKGROUND

Applicant: David Glossop Owner of Lot 16: Owner of Lot 26:

David Glossop and Samantha Jacobs and Tassone Guisseppe

Zoning: LPS17 - Swan Valley Rural MRS - Rural Existing Land Use of Lot 16: Existing Land Use of Lot 16:

Single House and Bed and Breakfast Single House and Rural Pursuit

Area of Lot 16: Area of Lot 26: Use Class:

2.68ha 4.9ha Restaurant, Rural Pursuit and Food and Beverage Production

DETAILS OF THE PROPOSAL

The applicant seeks approval to convert the existing 288m2 shed on Lot 16 (No. 1056) Great Northern Highway to restaurant and commercial kitchen. It is proposed that produce grown on the lot will be utilised in the production of food and beverages to be sold to the public for consumption on and off site. The applicant has indicated the restaurant will operate between 10.00am and 5.00pm Wednesday to Sunday and will accommodate up to 40 patrons at any one time. The land uses proposed will be accessed via driveway to be constructed over Lot 26 (No. 1072) Great Northern Highway, Baskerville.

The application involves the following improvements to the property:

The conversion of the existing 288m2 shed to a restaurant (including 86m2 seating area), commercial kitchen (180m2) and a 22m2 display area to be set aside for the retail sale of food and beverages to be consumed off-site;

The installation of a 216m2 mezzanine floor within the existing shed to be used for storage incidental to activities undertaken on the site;

The construction of a 36m2 ablution block to the south of the existing shed;

Extension of existing orchard (fruit, nut and vegetable production) on site;

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The construction of a new, 6.0m wide accessway over Lot 26 (No. 1072) Haddrill Road, Baskerville to facilitate direct access between the lot subject to the application and Haddrill Road; and

Construction of a car parking area capable of accommodating 12 cars.

DESCRIPTION OF SITE

Lot 16 is located on the eastern side of Great Northern Highway, approximately 200m south of Haddrill Road. Lot 26 (the adjoining lot) has frontage to both Great Northern Highway and Haddrill Road. At present, development on the Lot 16 comprises a single house, a 288m2 shed and a dam. Access to Lot 16 is limited to a 5m wide battle-axe access leg extending from Great Northern Highway. The 2.68ha lot slopes gently from west to east.

Lot 16 Great Northern Highway is surrounded by rural lots used for agricultural and residential purposes. The application proposes to utilise land part of Lot 26 for access between the proposed car parking and Haddrill Road.

SITE HISTORY/PREVIOUS APPROVALS

Lot 16:

• Single House – BP85/2014

• Shed – DA277/2014

• Bed and Breakfast (1 room) and Signage – DA286/2014

Lot 26:

• Nursery – DA1550/2004

• Single House – DA3393/1986

PUBLIC CONSULTATION

The owners of properties directly abutting the site and within 200m of the proposed access point were invited to comment on the proposal. Letters were sent to 7 landowners considered to be potential affected by the proposal. 6 responses were received, including 5 objections. a 6th objection was received by a landowner considered too far removed from the subject site to be directly impacted by the proposal. Key concerns raised by nearby landowners relate to traffic, access, the compatibility of the use within its setting, the visual impact of buildings and the impacts on the amenity of adjoining properties, including the impacts of noise and overlooking.

Details of individual submissions are outlined in the attached Schedule of Submissions. Concerns raised during the consultation period relevant to consideration of the application are discussed further in the details of this report.

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CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The proposal was referred to, and supported by, the Swan Valley Planning Committee on 31 March 2015 (Resolution No. 233.9.8).

DETAILS

Zoning and Land Use Permissibility

The subject lots are zoned ‘Swan Valley Rural’ under LPS17. The objectives of the zone are as follows:

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)

The focus on horticulture and tourism is consistent with the objectives of the Swan Valley Rural zone.

Compatibility of the Land Use in its Setting

Two nearby vignerons raised concerns with respect to the incompatibility between the proposed restaurant use and existing agricultural activities in the locality. The ongoing impacts of spray drift and the use of farming equipment were cited as specific concerns.

Concerns regarding spray drift were cited by the owner of a vineyard located approximately 220m north of the subject site. In the past, the City has considered an appropriate buffer between sensitive receivers and properties that undertake spraying to be 150m. This buffer distance was utilised by the City and the Western Australian Planning Commission in establishing the interface between the new Caversham residential area and the adjoining grape growing properties and was endorsed by the (then) Department of Environment and Conservation (DEC). In addition to the separation between the restaurant and those that raised concerns, the restaurant is proposed to operate between 10.00am and 5.00pm, whereas spraying is generally undertaken in the early morning or evening. It is considered that the operating hours of the restaurant will not substantially conflict with spraying activities of nearby vineyards.

The potential for conflicts to arise as the result of the use of farm machinery on nearby vineyards related specifically to the location of the restaurant’s parking area, which has been modified following the receipt of comments. The 20m (vegetated) setback proposed is considered to be sufficient to mitigate the impact of the use of farming equipment and the operation of the restaurant.

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The Swan Valley offers a unique tourism experience, whereby the proximity of tourist and recreational facilities to primary production is one of the key attractions to visitors. In reality complaints between agricultural and other uses are rare. In instances where complaints/conflicts do arise, the interests of operators of both agricultural land uses and other, more sensitive uses are protected under alternative legislation including the Environmental Protection (Noise) Regulations 1997 and Health Act 1911. The nature of the proposed land use is not considered to be incompatible with surrounding land uses. In the event a complaint should arise, it is expected such a complaint would be capable of being resolved subject to ensuring compliance with relevant legislation. The Preservation of the Amenity of the Locality

The owner of the adjoining property to the south (Lot 25; No. 1050 Great Northern Highway, Baskerville) raised concerns regarding reduced privacy as the result of the establishment of the restaurant. The neighbour requests consideration be given to the application of screening extending east from the southern side of the proposed ablution block. The installation of screening will serve to preserve the amenity enjoyed by the adjoining lot and render the proposal acceptable to the adjoining landowner. The swimming pool on the adjoining property is located 170m from the proposed restaurant and 80m from the common boundary between the lots, and will be adequately screened by orchards and olive groves to be developed on the southern portion of the subject lot, and existing vines on the affected site. A combination of physical separation and the establishment of the orchards along the southern lot boundary are considered appropriate to mitigate privacy concerns between properties.

The owner of the vacant lot to the east raised concerns regarding the impact the proposal is likely to have on the rural amenity of the locality. While limited details regarding the nature of the perceived impact were provided, it is the opinion of City staff that given the limited operating hours of the proposed restaurant (i.e. 10.00am to 5.00pm Wednesday to Sunday) the impact on the rural amenity of the locality and adjoining properties will be minimal. Height, Bulk, Scale, orientation and appearance of Buildings

The appearance of the existing building and the extent of built form on Lot 16 raised concerns of a number of nearby property owners. The external modifications required to existing buildings as part of the proposal are minor, being limited to a 36m2 ablution block, the installation of windows and doors within the existing shed and a car parking area, most of which will be screened by trees, orchards and vineyards on the subject lot, and adjoining lots. The impact of building bulk, and the appearance of the buildings is not proposed to be substantially altered as part of the proposal, furthermore, the extension of orchards on the property will assist to screen buildings on the site from adjoining properties. Access, Egress and Parking

At five meters wide, the battle-axe leg that provides vehicular access to Lot 16 from Great Northern Highway is of an insufficient width to accommodate two-way traffic. In order for a commercial land use to be supported on the lot it is necessary for an alternative access arrangement to be secured. The applicant has indicated either boundary realignment will be undertaken, or a right of carriageway easement established, prior to the commencement of commercial use of the property, allowing for a 6m wide accessway providing direct access to the lot via Haddrill Road. The owner of the affected land has provided written support for such an arrangement and is a party to the subject application.

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Adjoining landowners concerns with respect to possible dust contamination of fruit as the result of increased access to the site are addressed via a condition of planning approval which requires parking, manoeuvring and access areas to be sealed, kerbed, drained and line marked in accordance with the City’s specifications.

One objection to the proposal was submitted on the basis that Haddrill Road was hazardous, and the proposed accessway did not incorporate traffic calming devices. There are no requirements to install traffic calming devices on private property. Such devices may be installed at the discretion of the owner/applicant.

The proposal requires 13 additional car parking bays in accordance with the City’s Parking Policy. The parking area shown in the plans includes 12 oversize bays. The parking area can be reconfigured to include the required number of parking bays in accordance with a condition of planning approval.

Subject to conditions, the access, egress and parking arrangement proposed is considered satisfactory for the development proposed. Available Public Utility Services

The development proposed complies with the Government Sewage Policy. Whether the proposal is likely to cause soil erosion or land degradation

The impact of fill associated with the parking area on natural drainage patterns was raised by an adjoining property owner, stating preliminary site works have resulted in flooding of adjoining properties. The parking area is to be setback 3m from the lot boundary. It is recommended that the access and parking area be sealed and drained in accordance with the City’s requirements and a stormwater management plan demonstrating compliance with the City’s requirements is to be submitted to, and approved by, the City prior to the commencement of works. Street Addressing In order to reduce confusion regarding access to the site, it is recommended Lot 16 (No. 1056) be allocated a Haddrill Road street address, from which the use of Restaurant, Food and Beverage Production is to be associated.

OPTIONS AND IMPLICATIONS

Option 1: That Council resolve to approve the proposed ‘Restaurant’, ‘Food and Beverage Production’, ‘Rural Pursuit’ and associated development at Lot 16 (No. 1056) and Lot 26 (No. 1072) Great Northern Highway, Baskerville, subject to the following conditions:

1. This approval is for “Restaurant”, “Food and Beverage Production”, “Rural Pursuit” and associated development, as defined in the City’s Local Planning Scheme No.17 and illustrated on the approved plans. The subject land may not be used for any other use without the prior approval of the City.

2. Access to the Restaurant, Rural Pursuit and Food and Beverage Production facility shall be via Lot 26 (No. 1027) Haddrill Road only as depicted on the approved plans.

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3. Access to the Restaurant, Rural Pursuit and Food and Beverage Production facility by the battle-axe driveway of Lot 16 is prohibited unless a further planning application is submitted to, and approved by Council.

4. Prior to the commencement of the use of “Restaurant”, “Food and Beverage Production”, or the sale of produce associated with the “Rural Pursuit” in accordance with this approval, the owners of Lots 16 (No.1056) Great Northern Highway, and Lot 26 (No.1072) Haddrill Road, Baskerville shall enter into a deed of agreement with the City of Swan (the City) providing a benefit of access to Lot 16 over Lot 26 as depicted on the approved plan.

The agreement shall be prepared by the City’s solicitors to the satisfaction of the City and enable the City to lodge an absolute caveat over the Certificate of Title to Lots 16 (No. 1056 Great Northern Highway) and Lot 26 (No. 1072) Haddrill Road, Baskerville to secure the owner’s obligations as set out in paragraphs (a) and (b). The owner shall be responsible to pay all costs associated with, and incidental to, the preparation of the agreement and lodgement of caveats.

5. Prior to the commencement of the use of the Restaurant, Food and Beverage Production, or the sale of produce associated with the Rural Pursuit, the owner of Lot 16 shall obtain a Haddrill Road street address.

6. The Restaurant shall provide seating for a maximum of 40 patrons.

7. A signage strategy shall be submitted to, and approved by the City prior to the erection of any signage advertising land uses subject to this approval.

8. The parking areas shall be designed and constructed to accommodate a minimum of 13 parking bays. Car parking bays shall be 2.5m wide, by 5.5m long in accordance with the City’s specifications. Accessible parking bays shall be designed in accordance with the Australian Standard AS2890.6 Off-street parking for people with disabilities.

9. Vehicle parking, access, manoeuvring and circulation areas must be sealed, kerbed, drained, line marked in accordance with the City’s requirements and maintained at all times to the satisfaction of the City.

10. 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.

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11. Prior to the commencement of works, Engineering drawings and specifications are to be submitted to, and approved by the City. Works shall be undertaken in accordance with the approved engineering drawings and specifications for the filling and and/or draining of the land, including ensuring stormwater is contained on-site or appropriately treated and connected to the local drainage system.

12. Refuse bin areas adequate to service the development shall be provided to the satisfaction of the City’s Principal Environmental Health Officer before the development is occupied or used.

13. 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.

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

This is the recommended option.

Option 2: The Council may resolve to refuse the use of Restaurant, Food and Beverage Production, Rural Pursuit and associated development at Lot 16 (No.1056) and Lot 26 (No. 1072) Great Northern Highway, Baskerville for the following reason:

1. The use of the premises is likely to have an adverse impact on the rural amenity of the immediate locality.

Implications: The applicant will have the right of review of Council’s decision under the Local Planning Scheme. The application and supporting information will be referred to the Western Australian Planning Commission for determination under the Metropolitan Region Scheme.

This is not the recommended option.

CONCLUSION

The application proposes a Restaurant, Food and Beverage Production, Rural Pursuit and associated development at Lot 16 (No.1056) and Lot 26 (No. 1072) Great Northern Highway, Baskerville. The proposal involves the conversion of the existing 288m2 shed on Lot 16 to a restaurant and commercial kitchen in which produce grown on the lot will be utilised in the preparation of food and beverages to be sold to the public for consumption on and off site.

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The subject land is zoned 'Rural' under the Metropolitan Region Scheme (MRS) and 'Swan Valley Rural' under LPS17. Land uses proposed are ‘D’ (discretionary) within the Swan Valley Rural zone. The application is supported by the Swan Valley Planning Committee, however six nearby landowners have raised objections to the proposal.

It is considered that the development, as proposed, meets the objectives of both the City’s Local Planning Scheme No.17 and the Swan Valley Planning Act 1995, and subject to the imposition of conditions of planning approval, complies with applicable development standards as outlined in the City’s policies.

It is recommended that the Council approve the application for a ‘Restaurant’, ‘Food and Beverage Production’, ‘Rural Pursuit’ and associated development at Lot 16 (No. 1056) and Lot 26 (No. 1072) Great Northern Highway, Baskerville, subject to conditions.

ATTACHMENTS

Schedule of Submissions

Site, Floor and Elevation Plans

Location Plan

Aerial Photograph of Location

STRATEGIC IMPLICATIONS

Nil.

STATUTORY IMPLICATIONS

Local Planning Scheme No. 17

Metropolitan Region Scheme

Swan Valley Planning Act 1995

Planning and Development Act 2005

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority

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RECOMMENDATION

That the Council resolve to:

1) Approve the proposed ‘Restaurant’, ‘Food and Beverage Production’, ‘Rural Pursuit’ and associated development at Lot 16 (No.1056) and Lot 26 (No. 1072) Great Northern Highway, Baskerville subject to the following conditions:

1. This approval is for “Restaurant”, “Food and Beverage Production”, “Rural Pursuit” and associated development, as defined in the City’s Local Planning Scheme No.17 and illustrated on the approved plans. The subject land may not be used for any other use without the prior approval of the City.

2. Access to the Restaurant, Rural Pursuit and Food and Beverage Production facility shall be via Lot 26 (No. 1027) Haddrill Road only as depicted on the approved plans.

3. Access to the Restaurant, Rural Pursuit and Food and Beverage Production facility by the battle-axe driveway of Lot 16 is prohibited unless a further planning application is submitted to, and approved by Council.

4. Prior to the commencement of the use of “Restaurant”, “Food and Beverage Production”, or the sale of produce associated with the “Rural Pursuit” in accordance with this approval, the owners of Lots 16 (No.1056) Great Northern Highway, and Lot 26 (No.1072) Haddrill Road, Baskerville shall enter into a deed of agreement with the City of Swan (the City) providing a benefit of access to Lot 16 over Lot 26 as depicted on the approved plan.

The agreement shall be prepared by the City’s solicitors to the satisfaction of the City and enable the City to lodge an absolute caveat over the Certificate of Title to Lots 16 (No. 1056 Great Northern Highway) and Lot 26 (No. 1072) Haddrill Road, Baskerville to secure the owner’s obligations as set out in paragraphs (a) and (b). The owner shall be responsible to pay all costs associated with, and incidental to, the preparation of the agreement and lodgement of caveats.

5. Prior to the commencement of the use of the Restaurant, Food and Beverage Production, or the sale of produce associated with the Rural Pursuit, the owner of Lot 16 shall obtain a Haddrill Road street address.

6. The Restaurant shall provide seating for a maximum of 40 patrons.

7. A signage strategy shall be submitted to, and approved by the City prior to the erection of any signage advertising land uses subject to this approval.

8. The parking areas shall be designed and constructed to accommodate a minimum of 13 parking bays. Car parking bays shall be 2.5m wide, by 5.5m long in accordance with the City’s specifications. Accessible parking bays shall be designed in accordance with the Australian Standard AS2890.6 Off-street parking for people with disabilities.

9. Vehicle parking, access, manoeuvring and circulation areas must be sealed, kerbed, drained, line marked in accordance with the City’s requirements and maintained at all times to the satisfaction of the City.

10. 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.

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11. Prior to the commencement of works, Engineering drawings and specifications are to be submitted to, and approved by the City. Works shall be undertaken in accordance with the approved engineering drawings and specifications for the filling and and/or draining of the land, including ensuring stormwater is contained on-site or appropriately treated and connected to the local drainage system.

12. Refuse bin areas adequate to service the development shall be provided to the satisfaction of the City’s Principal Environmental Health Officer before the development is occupied or used.

13. 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.

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

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

CARRIED

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Documents

3.3 PROPOSED RESTAURANT, RURAL PURSUIT AND FOOD … · • The application proposes a Restaurant, Food and Beverage Production, Rural ... the visual impact of buildings and the impacts