Metro East Joint Development Assessment Panel Agenda€¦ · Food and Beverage and Commercial Tenancies . City of Gosnells 7 (Lot 10) Kelvin Road, 1910 (Lot 6) & 1914 (Lot 12) Albany

Metro East Joint Development Assessment Panel Agenda

Meeting Date and Time: 10 October 2018; 10am Meeting Number: MEJDAP/175 Meeting Venue: TELECONFERENCE Department of Planning, Lands and Heritage 140 William Street Perth Attendance

DAP Members Mr Ian Birch (Presiding Member) Ms Kym Petani (Deputy Presiding Member) Mr Brett Lovett (A/Specialist Member) Cr Michelle Rich (Local Government Member, Shire of Serpentine Jarrahdale) Cr Jacqui See (Local Government Member, Shire of Serpentine Jarrahdale) Officers in attendance Ms Heather Coles-Bayes (Shire of Serpentine Jarrahdale) Minute Secretary Ms Zoe Hendry (DAP Secretariat) Applicants and Submitters Mr George Hajigabriel (Rowe Group) Mr Jacob Martin (Cardno) Ms Linda Rowley (Rowley Legal) Mr Zeljko Zagorac (Main Roads) Members of the Public / Media Nil 1. Declaration of Opening

The Presiding Member declares the meeting open and acknowledges the past and present traditional owners and custodians of the land on which the meeting is being held.

2. Apologies

Mr Peter McNab (Specialist Member) Cr Keira McConkey (Local Government Member, Shire of Serpentine Jarrahdale) Cr Sam Piipponen (Local Government Member, Shire of Serpentine Jarrahdale)

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3. Members on Leave of Absence

DAP Member, Mr Peter McNab has been granted leave of absence by the Director General for the period of 8 October 2018 to 17 October 2018 inclusive.

4. Noting of Minutes

Signed minutes of previous meetings are available on the DAP website.

5. Declarations of Due Consideration Any member who is not familiar with the substance of any report or other information provided for consideration at the DAP meeting must declare that fact before the meeting considers the matter.

6. Disclosure of Interests

Nil

7. Deputations and Presentations

7.1 Mr Zeljko Zagorac (Main Roads) presenting against the application at Item 9.1. The presentation will provide an update of the status of the project.

7.2 Mr George Hajigabriel (Rowe Group) presenting in support of the

application at Item 9.1. The presentation will request that the proposal is approved as submitted.

7.3 Mr Jacob Martin (Cardno) presenting in support of the application at

Item 9.1. The presentation will request that the proposal is approved as submitted and not reconsider the already approved access arrangements.

7.4 Ms Linda Rowley (Rowley Legal) presenting in support of the

application at Item 9.1. The presentation will address the nature of a request for amendment pursuant to Regulation 17(1) of the Planning and Development (Development Assessment Panels) Regulations 2011.

The Shire of Serpentine Jarrahdale may be provided with the opportunity to respond to questions of the panel, as invited by the Presiding Member.

8. Form 1 – Responsible Authority Reports – DAP Applications

Nil

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https://www.planning.wa.gov.au/7578.aspx

9. Form 2 – Responsible Authority Reports – Amending or cancelling DAP

development approval

9.1 Property Location: Lot 196, 1526 Thomas Road, Oakford Development Description: Amendments to Approval for the

redevelopment of Oakford Traders Liquor Store, Convenience Store and Fuel Station.

Proposed Amendments Hours of Operation, removal of car wash facility and alterations to site layout.

Applicant: Rowe Group Owner: Humich Nominees Pty Ltd and Far Super Pty

Ltd Responsible Authority: Shire of Serpentine Jarrahdale DAP File No: DP/13/00615

10. Appeals to the State Administrative Tribunal

Current Applications

LG Name Property Location Application Description City of Swan Lot 42 Old West Road,

Bullsbrook Proposed Roadhouse

Shire of Serpentine Jarrahdale

Lots 30 (801) and 31 (803) South Western Highway, Byford

Service Centre and Associated Food and Beverage and Commercial Tenancies

City of Gosnells

7 (Lot 10) Kelvin Road, 1910 (Lot 6) & 1914 (Lot 12) Albany Highway Maddington

Motor Vehicle Sales and Motor Vehicle Repair

City of Kalamunda

Lot 7 (24) Valencia Road, Carmel

Expansion of Valencia Nursing Home with Additional Beds and Associated Facilities

City of Swan Lot 100 (3301) West Swan Road, Caversham

Proposed Roadhouse, Restaurant/Tavern and Tourist Facilities (short stay accommodation)

11. General Business / Meeting Closure In accordance with Section 7.3 of the DAP Standing Orders 2017 only the Presiding Member may publicly comment on the operations or determinations of a DAP and other DAP members should not be approached to make comment.

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Form 2 - Responsible Authority Report (Regulation 17)

Property Location: Lot 196, 1526 Thomas Road, Oakford Development Description: Amendments to Approval for the

Redevelopment of Oakford Traders Liquor Store, Convenience Store and Fuel Station.

Proposed Amendments: Hours of Operation, removal of car wash facility and alterations to site layout.

DAP Name: Metro East Joint Development Assessment Panel

Applicant: Rowe Group - G Hajigabriel Owner: Humich Nominees Pty Ltd and Far

Super Pty Ltd Value of Amendment: Not Applicable LG Reference: PA18/542 Responsible Authority: Shire of Serpentine Jarrahdale Authorising Officer: Ashwin Nair – Manager Statutory

Planning and Compliance Andre Schonfeldt – Director Development Services

DAP File No: DP/13/00615 Report Date: 17 August 2018 Application Received Date: 27 July 2018 Application Process Days: 90 Days Attachment(s): 1. Application Details

2. Clause 67 Table3. Minutes of Ordinary Council

Meeting with attachments

Officer Recommendation:

That the Metro East JDAP resolves to:

1. Accept that the DAP Application reference DP/13/00615 as detailed onthe DAP Form 2 dated 27 July 2018 is appropriate for consideration inaccordance with regulation 17 of the Planning and Development(Development Assessment Panels) Regulations 2011;

2. Approve amendments to DAP Application reference DP/13/00615 byrefusing the proposed ‘Shop’ (Liquor Store) and approving the proposed‘Service Station’ at Lot 196, 1526 Thomas Road, Oakford, subject to thefollowing conditions:-

OCM097.1/09/18 Late item amended attachment

Ordinary Council Meeting 25 September 2018

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a. The development is to be carried out in compliance with the plans and documentation listed below and endorsed with the Shire of Serpentine Jarrahdale stamp, except where amended by other conditions of this consent or as shown in red on the approved plans.

Plans and Specifications

P1-P5 received at the Shire’s Offices on the 27 July 2018 as amended.

b. Prior to commencement of works, amended plans to depict that

the two accesses onto Thomas Road shall operate as left in/left out turning movements only shall be submitted to and approved by the Shire of Serpentine Jarrahdale. The location of the westernmost access shall be positioned at a minimum distance of 120m east of the hold line from the Nicholson Road intersection.

c. The easternmost access shall be designed to incorporate a left turning pocket and shall comply with Main Roads WA specifications for the relevant design speed.

d. All heavy vehicles shall enter and exit the site via the easternmost crossover only and this access arrangement shall have adequate signage to this effect.

e. Modified crossovers and the verge shall be made good at the applicants cost and to the Shire of Serpentine-Jarrahdale's standards.

f. All truck parking shall be located to the rear of the site to overcome any potential conflicts with entering and exiting traffic.

g. The internal road network within the development site shall be designed to have an internal turn around facility or area that enables heavy vehicles to turn around and exit the easternmost crossover in forward gear. This shall be designed for a minimum design vehicle of a 27.5 metre B Double.

h. The developer shall be responsible for all costs involved in the land acquisition (if required), design and construction of the left turning deceleration lane for the easternmost access. This includes signing, road markings, relocation of services, street lighting and Main Roads costs involved in the checking of the design and constructions drawings and any site inspections required.

i. Any services, infrastructure or roadside furniture that requires relocation as a result of the applicant's works will be at the applicant's cost.

j. No earthworks, unless otherwise approved, shall encroach onto the Thomas Road road reserve.

k. Any land required for the access arrangements shall be ceded at no cost to Main Roads WA for road dedication purposes for inclusion into the Thomas Road road reserve.

l. Prior to operation, a minimum number of 26 parking bays shall be provided for the ‘Service Station’ land use in accordance with Table V – Parking Requirements of the Shire of Serpentine Jarrahdale Town Planning Scheme No.2.



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m. Prior to commencement of any site works, a Dust Management Plan is to be submitted to and approved by the Shire of Serpentine Jarrahdale in accordance with the Department of Environment and Conservation "Guidelines for the prevention of dust and smoke pollution from land development sites in Western Australia". The approved Dust Management Plan shall be implemented thereafter.

n. Prior to commencement of works, an Urban Water Management Plan shall be submitted to and approved by the Shire of Serpentine Jarrahdale. Once approved, the Urban Water Management Plan is to be implemented in its entirety.

o. All storm water shall be disposed of within the property. Direct disposal of storm water onto the road, neighbouring properties, watercourses and drainage lines is not permitted.

p. Prior to commencement of works, a Lighting Plan shall be submitted to and approved by the Shire of Serpentine Jarrahdale. The Lighting Plan shall demonstrate the provision of lighting to all access ways, car parking areas, the exterior entrances to all buildings and the extent to which light from all external light sources is cast. Once approved, the lighting plan shall thereafter be implemented in its entirety.

q. Prior to commencement of works, a Waste Storage and Removal Plan shall be submitted to and approved by the Shire of Serpentine Jarrahdale. Once approved, the Waste Storage and Removal Plan shall be implemented in its entirety.

r. Prior to the commencement of works, a Signage Strategy detailing location, size and height of signage for the whole development, including wall signs, window signs, under verandah signs and fascia signs, shall be submitted to and approved by the Shire of Serpentine Jarrahdale.

s. Prior to commencement of works, a Landscape and Vegetation Management Plan, including all car parking areas, access roads, road verges and areas of open space, shall be submitted to approved by the Shire of Serpentine Jarrahdale. The approved plan shall thereafter be implemented and maintained in its entirety.

t. Prior to operation, an agreed monetary contribution shall be paid to Council for the establishment of public art in accordance with Council's Local Planning Policy 1.6 - Public Art, to the satisfaction of the Shire of Serpentine Jarrahdale.

Advice notes

(a) In respect to Condition 11, Application Kits can be found on the Main Roads website>"Our Roads">"Conducting Works on Roads>" Applications to Undertake Works on State Roads"> Application Kit and Guidelines for Complex Works OR Application Form for Low Complexity Works.



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(b) With regard to conditions d and g, a swept path analysis shall be submitted to the Shire of Serpentine Jarrahdale to demonstrate the ability for the most restrictive movement vehicle to enter and exit the site.

(c) The intersection of Thomas Road and Nicholson Road is recognised as a dangerous black spot and has received funding from the Road Trauma Fund account to undertake preliminary planning design concepts. Currently the traffic modelling depicts the preferred intersection at this location as a roundabout treatment, for both interim and ultimate stages.

(d) The project for the upgrading/widening of Thomas Road and Nicholson Road is not in Main Roads current 4-year forward estimated construction program and all projects not listed are considered long term.

(e) Please be aware the timing information for the construction of the preferred treatment (both interim and ultimate stages) is subject to change and Main Roads assumes no liability for the information provided.

(f) The developer is required to obtain a ‘Works by Others' approval to undertake such modifications to the road network. A "Works by Others" approval is subject to a 100% design review prior to any consideration to modify a Main Roads asset or road network.

Reasons for Refusal (a) The proposal best fits within the land use of ‘Shop’ under TPS2, a prohibited land use in the ‘Rural’ zone.



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Details: Insert Zoning MRS: ‘Rural’ TPS2: ‘Rural’ Insert Use Class: ‘Service Station’, and ‘Shop’ Insert Strategy Policy: Rural Strategy Review 2013 Insert Development Scheme: Shire of Serpentine Jarrahdale Town

Planning Scheme No.2 Insert Lot Size: 62.15ha Insert Existing Land Use: ‘Convenience Store’ and ‘Liquor Store

(Use Not Listed)’ The application seeks approval for amendments to an existing development approval for the redevelopment of Oakford Traders Liquor Store, Convenience Store and Fuel Station. The initial proposal was approved by the JDAP in 2013 with the timeframe for commencement extended by the JDAP in 2015 and 2018. Officers consider the ‘Service Station’ to be consistent with the planning framework and therefore recommend approval subject to conditions. Officers consider that the Liquor Store falls within the land use definition of ‘Shop’, which in accordance with the Shire’s Town Planning Scheme No.2 (TPS2). The subject site is zoned ‘Rural’ whereby a ‘Shop’ is a prohibited land use and therefore this part of the proposal is recommended for refusal. Background: On 4 November 2013, the Metro East JDAP approved a development application for the redevelopment of the Oakford Traders Liquor Store, Convenience Store and Service Station. The approval had 29 conditions including the preparation of a number of technical reports. In 2015 an application was submitted to the Shire and approved by the JDAP to extend the timeframe for commencement of the approval for a period of two years. A further proposal was submitted to the Shire and determined by the JDAP to extend this timeframe by another two years. This application was approved on 9 January 2018. The current approval originally issued in 2013 is therefore still valid until 9 January 2020. The current approval comprises of the following:- • Relocation of the existing convenience store land use including the

café/restaurant to a new building located further to the east on the site. This building is proposed to have a floor area of 353m²;

• A new Service station canopy with fuel bowsers for cars (449m2) separate fuel bowsers for trucks (405m2) and parking;

• Relocation of the existing liquor store land use to a new building with the floor area of 324m² and a 130m² drive through;

• A new Alfresco Recreation area and a service area linking the Convenience Store with the Liquor Store;



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• A new Car wash building to the east with a floor area of 273m²; • Security Fencing (2.1m high) to the rear of the property; and

• A total of 71 car parking bays and 16 truck parking spaces including 3 disabled bays.

The current proposal seeks to amend the approval by modifying the site layout. The proposal also seeks approval to vary the hours of operation from 5:00am – 9:00pm seven days a week, to allow operation 24 hours a day, seven days a week. The modifications to the approved layout include the following:-

• The total building area is proposed to be reduced from the approved 1,934 m² to 1,557 m²;

• The majority of this reduction is proposed as a result of the proposed removal of the approved car wash use and building (273m2);

• Reducing the Liquor Store Building in size from 324m² to 287m² but increasing the drive thru from 130m² to 211m²;

• Removal of the Alfresco / Recreation and Service Areas; • Separation of the Liquor Store Building and the Convenience Store

Building with a trafficable area for trucks to drive through; • Relocation of the truck fuelling canopy from the south to the east of the

building; and • Relocation of the truck parking bays further north and reducing the

area available for this. Subject site The subject site is located to the east of Nicholson Road at its intersection with Thomas Road. As such, the development proposal abuts Thomas Road to the north which is classified as a Primary Regional Road under the MRS. Nicholson Road is identified as an Other Regional Road under the MRS. In addition to a residential property located to the south west of the site, the land contains an existing business enterprise, Oakford Traders which currently comprises of a convenience store and liquor store. The property is surrounded largely by rural paddocks.



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Aerial Photograph

Legislation & policy: Legislation

• Planning and Development Act 2005; • Planning and Development (Development Assessment Panels)

Regulations 2011 (Deemed Provisions) • Planning and Development (Local Planning Schemes) Regulations 2015 • Metropolitan Region Scheme • Shire of Serpentine-Jarrahdale Town Planning Scheme No. 2

State Government Policies

• State Planning Policy 4.2 Activity Centres for Perth and Peel (SPP4.2) • State Planning Policy 2.1 Peel-Harvey Coastal Plain Catchment

(SPP2.1) • State Planning Policy 2.5 Rural Planning (SPP2.5)

Local Policies • Shire of Serpentine Jarrahdale Rural Strategy Review 2013 • Activity Centres Strategy • Local Planning Policy 51 – Oakford Rural Economic Living Area Planning

Framework (LPP51) • Local Planning Policy 4.11 - Advertising Signs (LPP4.11) • Local Planning Policy - Public Art (LPP1.6) • Local Planning Policy - Water Sensitive Design (LPP2.4) • Local Planning Policy - Landscape and Vegetation (LPP4.16) • Local Planning Policy – Activity Centres (LPP2.5) • LPP1.4 – Public Consultation for Planning Matters (LPP1.4)



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Consultation: Public Consultation Advertising was undertaken to adjoining landowners in accordance with Clause 64 of the Deemed Provisions and LPP1.4 – Public Consultation for Planning Matters. A total of 28 letters were sent to surrounding landowners, an advertisement was placed in the Examiner Newspaper. The proposal was also advertised on the Shire’s website. Advertising was carried out for a period of 21 days from 31 July 2018 – 30 August 2018, no submissions have been received. Consultation with other Agencies or Consultants Department of Planning Lands and Heritage (DPLH) The DPLH have recommended for the application to be referred to MRWA. Main Roads Western Australia (MRWA) The application was referred to MRWA for comments. MRWA advised that they have no objections to the proposed land use in principle, however do not support the eastern access allowing for full movement. The comments from MRWA are discussed in further detail under the Traffic, Access and Safety section of the report. Planning assessment: Planning and Development (Development Assessment Panels) Regulations 2011 (DAP Regulations) Regulation 17 of the DAP Regulations allows for landowners to do any or all of the following with regard to an approved development application:

“(a)to amend the approval so as to extend the period within which any development approved must be substantially commenced;

(b) to amend or delete any conditions to which the approval is subject; (c) to amend an aspect of the development approved which . if amended,

would not substantially change the development approved; (d) to cancel the application”.

With respect to this Regulation, the applicant seeks approval in accordance with (b) to delete condition 17 which states “Operating hours are limited to 5am to 9pm seven days a week unless otherwise approved by Council”. It is proposed to remove this condition to allow for hours of operation to be 24 hours a day, seven days a week. The proposal also seeks approval in accordance with (c) to amend the reconfiguration of the development on the site. The JDAP may consider the proposed modifications substantial changes in which case a new development application will be required along with additional



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fees. If this is the case, the JDAP could refuse the application. The applicant would then be required to submit a new application for determination with the relevant fees. Local Planning Scheme Land use The proposal has previously been determined by the Joint Development Assessment Panel (JDAP) as falling within three different land uses as follows:-

• ‘Service Station’ which is defined under the Shire’s Town Planning Scheme No. 2 (TPS2) as “land and buildings used for the supply of petroleum products and motor vehicle accessories and for carrying out greasing, tyre repairs and minor mechanical repairs and may include a cafeteria, restaurant or shop incidental to the primary use; but does not include transport depot, panel beating, spray painting, major repairs or wrecking”;

• A ‘Convenience Store’ which is defined under TPS2 as “land and

buildings used for the retail sale of convenience goods being those goods commonly sold in supermarkets, delicatessens and newsagents but including the sale of petrol and operated during hours which include but which may extend beyond normal trading hours and providing associated parking. The buildings associated with a convenience store shall not exceed 300 square metres gross leasable area” and;

• A ‘Use Not Listed’ for the Liquor Store.

Under the Deemed Provisions, Officers are required to deal with an amendment to an application in accordance with Part 8 of the Deemed Provisions, as if it were a new application. In reconsidering the land uses, Officers note that the retail building, previously classified as the ‘Convenience Store’, is 378m2 and therefore is expressly excluded from the TPS2 definition. However, the definition of ‘Service Station’ includes ‘a cafeteria, restaurant or shop incidental to the primary use’. For this reason the previously determined land use of ‘Convenience Store’ is considered to not form part of the application and the retail building is included within the land use of ‘Service Station’. With regard to the Liquor Store, previously determined as a ‘Use Not Listed’, it is considered that this could reasonably fall within the land use of ‘Shop’ defined under TPS2 as:-

“a building wherein goods are kept, exposed or offered for sale by retail, but does not include a bank, fuel depot, market, service station, milk depot, marine collector’s yard, timber yard or land and buildings used for



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the sale of vehicles or for any purpose falling within the definition of industry”.

Clause 3.2.4 of TPS2 states “Where in the Zoning Table a particular use is mentioned it is deemed to be excluded from any other use class which by its more general terms might otherwise include such particular use”. Notwithstanding the existing approvals, Officers do not believe that the Liquor Store use can be considered as a ‘Use Not Listed’ under clause 3.2.5 and 3.2.4 of TPS2 and that it must be considered as a ‘Shop’. Under Table I – Zoning Table of TPS2 there is no symbol for a ‘Shop’ in the ‘Rural’ zone. Clause 3.2.3 states “where no symbol appears in the cross reference of a use class against a zone in the Zoning Table a use of that class is not permitted in that zone”. As a prohibited land use, there is no discretion available to Council to permit the use and therefore the land use has to be refused. Officers however acknowledge that the existing Liquor Store has been in operation prior to TPS2 and therefore it is believed it may have non-conforming use rights. Clause 4.2 of TPS2 states: “4.2 EXTENSION OF NON-CONFORMING USE

A person shall not alter or extend a non-conforming use or erect, alter or extend a building used in conjunction with a non-conforming use without first having applied for and obtained the planning consent of the Council under the Scheme and unless in conformity with any other provisions and requirements contained in the Scheme.”

Clause 4.3 of TPS2 goes on to state, “Notwithstanding anything contained in the Zoning Table the Council may grant its planning consent to the change of use of any land from a non-conforming use to another use if the proposed use is, in the opinion of the Council, less detrimental to the amenity of the locality than the non-conforming use and is, in the opinion of the Council, closer to the intended uses of the zone or reserve”. Clauses 4.2 and 4.3 of TPS2, requiring an approval, suggests that an alteration or extension to a non-conforming use or a building used in conjunction with a non-conforming use is capable of approval. In this case, Officers have no evidence that the land use of ‘Shop’ was authorised prior to TPS2 or that any approvals were duly obtained. Therefore, until Officers are satisfied that the use was lawful prior to TPS2 it cannot be determined that the existing Liquor Store is a non-conforming use. Furthermore, the proposal involves the removal of the existing liquor store which has a licenced area of 134.81m2 and replacement with a 287m2 Liquor Store with a 211m2 drive thru in a different location on the site. It is considered that this replacement Liquor Store goes beyond extending or altering the



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existing land use or building but in fact replaces it at a much more significant scale in a different location thus resulting in a whole new form of development. Officers consider that for the land use to be capable of approval, it is required to be demonstrated that the land use is a non-conforming use and that the works proposed either constitute an ‘alteration’ or ‘extension’ to a scale appropriate to what is existing. It is considered that the intent of the clauses relating to non-conforming uses under TPS2 is to allow their continued use with the opportunity to make minor alterations or carry out minor extensions required to facilitate continuation of the existing non-conforming use. It is not considered that the intent is to allow for the complete removal and replacement of such uses at a substantial increase in scale as is proposed. If evidence were to be provided demonstrating the use is non-conforming, Officers consider it contrary to the principles of orderly and proper planning to allow for a non-conforming use to be demolished and completely replaced by a building so significantly larger that it cannot be considered an alteration or extension. This would be encouraging the addition of a new development inconsistent with the objectives of the zone and further departing from the current planning framework to which the community expects decisions to be in accordance with. Without evidence of the use having non-conforming use rights, Officers have to conclude that the proposal best fits within the land use of ‘Shop’ under TPS2. Other Liquor Stores approved by the Shire have been approved in accordance with the land use of ‘Shop’. The Liquor Store is therefore considered a ‘Shop’ land use which is prohibited. TPS2 Clause 5.10.1 of TPS2 states “the purpose and intent of the Rural Zone is to allocate land to accommodate the full range of rural pursuits and associated activities conducted in the Scheme Area”. Although the proposal does not specifically fall within a ‘rural pursuit’, the proposed ‘Service Station’ is a land use which can be considered in the ‘Rural’ zone under TPS2. It is considered that this land use would not compromise the capability of the surrounding area to be used for ‘rural pursuits”. Car Parking Table V – Parking Requirements of TPS2 sets out the required parking spaces required for particular land uses. Car parking for the proposal has been assessed as follows:- Item Requirement Proposed Compliance Service Station

1.5 spaces per service bay (23 bays) plus 1 space per

71

Compliant with 3 employees



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employee – A total of 26 bays required

Item Requirement Proposed Compliance Liquor Store 1 Space per 15

square metres GLA (34 bays)

71

Compliant

The number of employees for the ‘Service Station’ have not been provided, however the applicant has advised there are likely to be three. Based on the floor area of the Liquor Store and number of bays for the ‘Service Station’ with three employees, the proposal is compliant and there are surplus bays. It is noted that the applicant may wish to remove the parking that is proposed to facilitate the Liquor Store. It is therefore recommended that a condition be placed on any approval to ensure a minimum of 26 car parking bays in accordance with the TPS2 requirements. State Planning Policies State Planning Policy 4.2 Activity Centres for Perth and Peel The subject area is identified for a Neighbourhood Centre under the Shire’s Activity Centre Strategy. The intention of the Strategy is to bring the Shire’s approach to activity centre planning and development in line with SPP4.2. SPP4.2 is a regional planning framework which seeks to “reduce the overall need to travel; support the use of public transport, cycling and walking for access to services, facilities and employment; and promote a more energy efficient urban form”. It is considered that the ‘Service Station’ would not compromise the objectives of the policy. Although there is a retail element, this attracts traffic already passing the site with the primary product being petroleum. It would not detract from existing or future Activity Centres. It is acknowledged that the ‘Shop’ land use is one that is consistent with an Activity Centre, however as the land use is prohibited it is considered premature without the rezoning of the land and/or an Activity Centre Structure Plan. Under the current planning framework, a ‘Shop’ would detract from existing Activity Centres. State Planning Policy 2.1 Peel-Harvey Coastal Plain Catchment The subject site is located within the Peel-Harvey catchment area and as such the provisions of SPP2.1 apply. The policy ensures that changes to land use within the Catchment to the Peel-Harvey Estuarine system are controlled so as to avoid and minimise environmental damage. Under the approved



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development application, the applicant provided information that the nature of the site works will involve raising the level of the site. It is anticipated that such works are not likely to adversely impact on the environment and that suitable controls in relation to water management will be addressed and implemented through the planning conditions as per the original approval. State Planning Policy 2.5 Rural Planning The purpose of this policy is “to protect and preserve Western Australia’s rural land assets due to the importance of their economic, natural resource, food production, environmental and landscape values. Ensuring broad compatibility between land uses is essential to delivering this outcome.” The policy also recognises the need to provide economic opportunities for rural communities. The proposal incorporates a relatively small portion of a large rural lot that still has the potential to be used for rural uses in line with the policy. It is considered that the proposal would not result in an incompatible land use in the rural area. Rural Strategy Review 2013 (Strategy) The subject site is designated as ‘Rural’ under the Strategy. The purpose of the ‘Rural’ policy area under the strategy is to “maintain the integrity of the Shire’s rural and agricultural character”. Notwithstanding this designation, the Strategy recognises that economic returns for some forms of agriculture are diminishing. It also recognises the importance of “the longer term rural landscape, features and amenity of the Shire along with the application of appropriate planning principles”. The land in the ‘Rural’ policy area is not just designated as such to provide for agriculture but to retain large parcels of land for future development. In this case the proposal is located on a relatively small portion of land on a 62.1ha site. A significant portion of the land would remain undeveloped with the potential for agricultural or production uses. The development proposed is of a contemporary design and of simple form to reflect the rural character of the area. A condition on the previous approval required for a landscaping plan to be submitted and approved by the Shire prior to commencement of the development. It is considered that landscaping the parking area, verges and open spaces would maintain the rural character. LPP2.5 – Activity Centres The objectives of LPP2.5 is to implement SPP4.2 and facilitate the “orderly development of District and Neighbourhood level Activity Centres”. Neighbourhood Centres are important local community focal points that help provide daily to weekly household shopping and community needs. Neighbourhood Centres play an important role in providing walkable access to services and facilities for communities.



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The ‘Service Station’ would be a compatible land use if a Neighbourhood Centre were to be developed. As it attracts passing traffic it would not detract from an Activity Centre. As the future investigation area designated under Perth and Peel @ 3.5 million is located west of Nicholson Road, at this stage it is considered that the proposal would not adversely impact on any future structure plan for an activity centre. A ‘Shop’ land use is however at this stage considered inconsistent. In addition to it being a prohibited land use, there is currently no planning in place for an Activity Centre. An individual shop under the current framework would detract from existing neighbourhood and town centres. LPP51 - Oakford Rural Economic Living Area Planning Framework The subject site is designated as ‘rural economic living’ under the Jandakot Structure Plan. LPP51 provides a planning framework to support implementation of the Rural Economic Living Area (RELA) identified by the Jandakot Structure Plan. LPP51 was prepared to provide clear guidance on the statutory process which is required to be undertaken by proponents and Council in the design, assessment, consideration and determination of development applications. The policy identifies a number of precincts which are in the ownership of a number of landowners and provides them with a framework to follow should they consider their land is suitable for future development. In this regard, the subject site is identified within Precinct 1 – Business Area as defined by Map 1 (Policy area and Precincts) contained within LPP51. The proposed development comprises development of part of the area identified as precinct 1 and it is anticipated that further commercial development will be proposed in the future. Precinct 1 - Business Area The business area as defined in LPP51 is as follows: A business area is proposed facing Thomas Road between Nicholson Road and the eastern entry road. This will replace the current roadhouse and former service station site, and will provide an opportunity for a first stage development with associated workforce to service passing traffic for the increasing vehicular traffic between South Western Highway, Kwinana Freeway and the major industrial areas of Kwinana and Henderson. Vision and Objectives of the business area 5.1.2. Planning for precinct one shall be consistent with the vision of

providing local services for the Oakford Rural Village. 5.1.3. Planning objectives for precinct one include:



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(a) To provide locally based opportunities for rural industries. In accordance with the policy it is a requirement that the precinct vision and objectives need to be given due regard by Council when considering planning proposals. As such, it is considered that the current development proposal is in accordance with the provisions of the policy in terms of the definition, vision and objectives identified for the Precinct 1 – Business Area listed above. In relation to the provision of opportunities for rural based industries, it should be noted that the application relates to a portion of Precinct 1 only and further development is anticipated in the future. It is considered that the proposal complies and meets the objectives of LPP51 and would not compromise orderly and proper planning for the Oakford area. Whilst the development is being proposed in the context of the broader LPP51 provisions, the current application relates to the relocation of existing facilities and upgrading them to contemporary standards including redevelopment of the service station. It is considered that the proposal would not adversely impact on any future plans for this area. This policy is now in contradiction to the State Planning Framework and would require review. The DPLH will undertake the investigation for the planning investigation area and the local government will be engaged in this process. Regardless of the ‘Shop’ being compliant with this policy, the proposal remains inconsistent with the planning framework and is a use that is prohibited under TPS2. LPP4.11 - Advertising Signs Local Planning Policy LPP 4.11 – Advertising sets out development standards and requirements for advertisements. The objectives of this policy are to ensure that signage does not detract from the character of the area and makes a positive contribution to the streetscape. It also aims to ensure that the scale of signage is appropriate to the size of the façade of buildings on which it is displayed. The plans as submitted have identified nominal signage for the development, however do not include a signage strategy. A signage strategy will be required to be prepared and approved prior to operation of the site. A condition of approval would ensure this. LPP1.6 - Public Art Policy for Major Developments LPP1.6 sets out the requirements for physical and financial contributions for public art as part of applications within the Shire with a development value greater than $1 million. The requirement is considered to be appropriate as a condition of approval.



Page 16

LPP4.16 - Landscape and Vegetation The key objective of LPP4.16, relevant to this application is to “Contribute towards achievement of vegetation and landscape outcomes that meet the expectations of stakeholders and contribute towards the achievement of biodiversity and water use targets and the creation of vibrant places for our communities”. A Landscape and Vegetation Management Plan will need to be provided to address the treatment of the areas visible from the public realm, address water sensitive urban design and satisfy amenity both visually and in terms of the provision of shade and light throughout the seasons. A condition on the previous approvals required for a Landscaping and Vegetation Management Plan to be provided prior to commencement of site works. Officers consider it appropriate for this condition to remain. LPP2.4 – Water Sensitive Design LPP2.4 aims to ensure water sensitive design best management practices are implemented for all new proposals in the Shire, improve water quality and stormwater management systems. The Birrega drain runs along the eastern boundary of the subject land. Any proposed landscaping within this area is proposed to be addressed by a Landscape and Vegetation Management Plan, included as a condition of approval. An Urban Water Management Plan (UWMP) will need to be prepared for the site, also as a condition of development approval. It is anticipated that the site is capable of development and that urban water management can be satisfactorily addressed. Officers have no significant concerns in relation to the provision of water to the site and issues of drainage are considered to be capable of being addressed to enable the site to be developed and upgraded facilities provided. Other Considerations Traffic Access and safety Given the subject site is located on a major intersection, traffic is a key consideration. Thomas Road is identified as a Primary Regional Road and designated freight route. Nicholson Road is identified as an Other Regional Road. Both of these classes of roads are designed to carry larger volumes of traffic. Access and egress to the site is proposed via two crossovers onto Thomas Road. The eastern crossover is proposed to allow full vehicle movement. The access arrangements proposed are as previously approved, however since 2013 design standards have changed and there has been a significant increase in the traffic volumes on this road network. MRWA have also commented that



Page 17

a video survey has been carried out which confirmed that the intersection is beyond the original design capacity and thus there is a requirement to improve the current intersection layout. The intersection of Thomas and Nicholson Road is recognised as a dangerous black spot and has received funding from the Road Trauma Fund account to undertake preliminary planning design concepts. Currently traffic modelling depicts that a roundabout is the preferred treatment at this intersection. It is also worth noting that the project for the upgrading/widening of Thomas Road and Nicholson Road is not in Main Roads’ current four year plan. The proposal was referred to MRWA for comments. MRWA did not object in principle to the land use however do not support the eastern access to operate with full movement. A works approval will be required from MRWA for any accesses on Thomas Road. MRWA have advised that they are in support of the proposal if amended plans are provided to demonstrate both accesses onto Thomas Road operate as left in/left out movement only. The original approved plan, dating back to 2013, no longer complies with current design standards for 2018. It is also noted that an advice note on the original 2013 approval advised that the full movement access would be allowable for a temporary period of time only. MRWA plans to widen Thomas Road to two lanes in each direction and full movement access is not supported. Officers consider that it would not be orderly and proper planning to support a proposal that, as advised by MRWA, is not consistent with current design standards. As the applicant did not wish to extend the time period for when the RAR was due to the DAP to allow for further plans to be discussed with MRWA, Officers recommend a condition requiring the redesign of the eastern access to ensure the safety concerns are satisfied and that left/in left/out access is supported only. Amenity The proposal includes the extension of operating hours to 24 hours a day, seven days a week. The EPA’s Guidance for Separation Distances between Industrial and Sensitive Land Uses sets out separation distances from particular land uses to sensitive receptors to protect amenity of adjoining landowners. In this instance, the guidelines require a 100m separation distance for service stations with 24 hour operations. The proposal is compliant with these guidelines. Council Recommendation: Conclusion: The application seeks minor amendments to the layout of an approved development application for the redevelopment of Oakford Liquor Store, Convenience Store and Fuel Station. Approval is also sought so allow the



Page 18

proposal to operate 24 hours a day, seven days a week. No further extension of time is proposed as part of the application. It is considered that the proposed ‘Service Station’ remains generally consistent with the planning framework, subject to alterations to the access arrangements. Officers therefore recommend that amendments are made to the access arrangements prior to commencement of works which could be dealt with by way of condition. As discussed within the report, in reconsidering the land use for the Liquor Store, Officers consider this best fits within the TPS2 definition of ‘Shop’. This land use is prohibited within the ‘Rural’ zone and therefore recommended for refusal.



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DEVELOPMENT AMENDMENT

OAKFORD TRADERS REDEVELOPMENT43613A007

SITE ELEVATIONS 1:200

GROUND LEVELFL 0.0

TOP OF PARAPETRL 5.0

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NORTH INTERNAL ELEVATION2

RL 4.0

TRUCK FUEL CANOPYCANOPY WITH TIMBER

LOOK SOFFIT

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TRUCK FUEL CANOPYRETAIL FUEL

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CONDENSER COMPOUND

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RL 4.5RL 5.0

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CANOPY OVERRETAIL FUEL CANOPYTRUCK FUEL CANOPYMETAL DECK

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TRUCK FUEL CANOPYCANOPY WITH TIMBER

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METAL DECK ROOF


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LIQUORSTORE

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LIQUOR STORE DRIVE THRU 211m2

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GROUND FLOOR PLANDA007A

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DEVELOPMENT APPLICATION

BOLLARD

OCM097.2/09/18


P5

Deemed Provisions – Cl 67 Matters to be considered by local Government

Land Use:

a) The aims and provisions of this Scheme and any other localplanning scheme operating within the area

YES ☐

NO ☐

N/A ☐

Comment: Service Station consistent with the TPS2 objectives for the zone, land use permissibility is SA and car parking compliant with TPS2 requirements. Liquor Store is considered a ‘Shop’ land use prohibited in the ‘Rural’ zone. This also is not consistent with the provisions relating to a non-conforming use.

b) The requirements of orderly and proper planning including anyproposed local planning scheme or amendment to this Schemethat has been advertised under the Planning and Development(Local Planning Schemes) Regulations 2015 or any otherproposed planning instrument that the local government isseriously considering adopting of approving

YES ☒

NO ☐

N/A ☐

Comment: Service Station consistent with planning framework – refer to orderly and proper planning section of RAR.

c) any approved State planning policy YES ☒

NO ☐

N/A ☐

Comment: Service Station consistent with objectives of:- • State Planning Policy 4.2 Activity Centres for Perth and Peel (SPP4.2)• State Planning Policy 2.1 Peel-Harvey Coastal Plain Catchment (SPP2.1)• State Planning Policy 2.5 Rural Planning (SPP2.5)

Refer to orderly and proper planning section of RAR.

d) any environmental protection policy approved under theEnvironmental Protection Act 1986 section 31(d) – NoneApplicable to this area from what I can determine

YES ☐

NO ☐

N/A ☒

Comment:

e) any policy of the Commission YES ☐

NO ☐

N/A ☒

Comment:

f) any policy of the State YES NO N/A

OCM097.3/09/18 Late item


☐

☐ ☒

Comment:

g) any local planning policy for the Scheme area YES ☐

NO ☐

N/A ☐

Comment: Service Station consistent with objectives of • Local Planning Policy 51 – Oakford Rural Economic Living Area Planning Framework (LPP51) • Local Planning Policy 4.11 - Advertising Signs (LPP4.11) • Local Planning Policy - Designing Out Crime (LPP24) • Local Planning Policy - Public Art (LPP1.6) • Local Planning Policy - Water Sensitive Design (LPP2.4) • Local Planning Policy - Landscape and Vegetation (LPP4.16) • Local Planning Policy – Activity Centres (LPP2.5) Refer to orderly and proper planning section of RAR.

h) any structure plan, activity centre plan or local development plan that relates to the development

YES ☐

NO ☐

N/A ☒

Comment:

i) any report of the review of the local planning scheme that has been published under the Planning and Development (Local Planning Schemes) Regulations 2015

YES ☐

NO ☐

N/A ☒

Comment:

j) in the case of land reserved under this Scheme, the objectives for the reserve and the additional and permitted uses identified in this Scheme for the reserve

YES ☐

NO ☐

N/A ☒

Comment:

Development:

k) the built heritage conservation of any place that is of cultural significance

YES ☐

NO ☐

N/A ☒

Comment:

l) the effect of the proposal on the cultural heritage significance of the area in which the development is located

YES ☐

NO ☐

N/A ☒

Comment:



m) the compatibility of the development with its setting including the relationship of the development to development on adjoining land or on other land in the locality including, but not limited to, the likely effect of the height, bulk, scale, orientation and appearance of the development

YES ☒

NO ☐

N/A ☐

Comment: The form of development is consistent with the rural character of the area and has sufficient setbacks to not adversely impact on adjoining landowners. Refer to Rural Strategy Review and Amenity sections of RAR.

n) the amenity of the locality including the following – I. Environmental impacts of the development

II. The character of the locality III. Social impacts of the development

YES ☒

NO ☐

N/A ☐

Comment: Consistent with the amenity of the locality - Refer to Amenity section of RAR.

o) the likely effect of the development on the natural environment or water resources and any means that are proposed to protect or to mitigate impacts on the natural environment or the water resource

YES ☒

NO ☐

N/A ☐

Comment:

p) whether adequate provision has been made for the landscaping of the land to which the application relates and whether any trees or other vegetation on the land should be preserved

YES ☒

NO ☐

N/A ☐

Comment: A condition would require a landscaping plan to ensure loss are trees are offset and adequate landscaping to preserve rural character.

q) the suitability of the land for the development taking into account the possible risk of flooding, tidal inundation, subsidence, landslip, bushfire, soil erosion, land degradation or any other risk

YES ☒

NO ☐

N/A ☐

Comment:

r) the suitability of the land for the development taking into account the possible risk to human health or safety

YES ☒

NO ☐

N/A ☐

Comment:

s) the adequacy of – I. The proposed means of access to and egress from the

site; and II. Arragements for the loading, unloading, manouvering

and parking of vehicles

YES ☒

NO ☐

N/A ☐



Comment: Refer to Traffic section of RAR. A condition would require plans to be amended to ensure the safety of the access and egress.

t) the amount of traffic likely to be generated by the development, particularly in relation to the capacity off the road system in the locality and the probable effect on traffic flow and safety

YES ☒

NO ☐

N/A ☐

Comment: A Traffic Impact Statement is required however the roads are considered capable of accommodating the increased traffic subject to access amendments.

u) the availability and adequacy fir the development of the following –

I. Public transport services II. Public utility services

III. Storage, management and collection of waste IV. Access for pedestrians and cyclists (including end of trip

storage, toilet and shower facilities) V. Access by older people and people with disability

YES ☒

NO ☐

N/A ☐

Comment:

v) the potential loss of any community service or benefit resulting from the development other than potential loss that may result from economic competition between new and existing businesses

YES ☒

NO ☐

N/A ☐

Comment:

w) the history of the site where the development is to be located YES ☒

NO ☐

N/A ☐

Comment:

x) the impact of the development on the community as a whole notwithstanding the impact of the development on particular individuals

YES ☒

NO ☐

N/A ☐

Comment: Refer to orderly and proper planning section of assessment. The proposal would contribute towards a neighbourhood centre for the local community.

y) any submissions received on the application YES ☐

NO ☐

N/A ☒

Comment: None received

Za) the comments or submissions received from any authority consulted under clause 66

YES ☒

NO ☐

N/A ☐



Comment: Conditions require the plans to be amended in light of MRWA comments and to ensure safe access and egress.

Zb) any other planning consideration the local government considers appropriate

YES ☐

NO ☐

N/A ☒

Comment:



OCM097/09/18 – Proposed Amendments to Approval for the Redevelopment of Oakford Traders Liquor Store, Convenience Store and Fuel Station – Lot 196, 1526 Thomas Road, Oakford (PA18/542)

Responsible Officer: Manager Statutory Planning and Compliance

Senior Officer: Director Development Services

Disclosure of Officers Interest:

No officer involved in the preparation of this report has an interest to declare in accordance with the provisions of the Local Government Act 1995.

Director Development Services advised the meeting of an amended attachment OCM097.1/09/18 that has been distributed to Councillors. This amended attachment reflects the Officer Recommendation. Proponent: Rowe Group Owner: Humich Nominees Pty Ltd and Far Super Pty

Ltd Date of Receipt: 27 July 2018 Lot Area: 62.15ha Town Planning Scheme No 2 Zoning: ‘Rural’ Metropolitan Region Scheme Zoning: ‘Rural’

Introduction The purpose of the report is for Council to consider a Responsible Authority Report (RAR) prepared for a development application requesting amendments to an existing approval for the redevelopment of Oakford Traders Liquor Store, Convenience Store and Fuel Station The application was submitted to the Shire on 27 July 2018 as a Development Assessment Panel (DAP) application. The Joint Development Assessment Panel (JDAP) will replace Council as the decision making authority for the application in accordance with the Planning and Development (Development Assessment Panels) Regulations 2011. The proposal is presented to Council as Officers do not have delegated authority to provide a recommendation to the JDAP. The attached RAR (OCM097.1/09/18) prepared by Officers recommends that the ‘Service Station’ land use be approved subject to conditions recommended by both Officers and Main Roads Western Australia (MRWA). The Liquor Store part of the proposal is recommended for refusal, for the reasons outlined in the report as it is considered a prohibited land use and therefore cannot be approved. Relevant Previous Decisions of Council OCM064/10/13 – Council recommended that the JDAP refuse the redevelopment of Oakford Traders Liquor Store, Convenience Store, and Service Station due to traffic congestion and safety at the intersection of Thomas Road and Nicolson Road.

4 November 2013 – JDAP approved the redevelopment of Oakford Traders Liquor Store, Convenience Store, and Service Station subject to conditions. OCM160/09/15 – Council resolved to endorse the Responsible Authority Report which recommended the term of the planning approval for the redevelopment of Oakford Traders Liquor Store, Convenience Store, and Service Station be extended for a period of two years. On 29 September 2015 JDAP approved the application to extend to the timeframe of the planning approval for the redevelopment of Oakford Traders Liquor Store, Convenience Store, and Service Station for a period of two years. OCM168/12/17 - Council resolved to endorse the Responsible Authority Report which recommended the term of the planning approval for the redevelopment of Oakford Traders Liquor Store, Convenience Store, and Service Station be extended for a period of two years. On 9 January 2018 JDAP approved the application to extend to the timeframe of the planning approval for the redevelopment of Oakford Traders Liquor Store, Convenience Store, and Service Station for a period of two years. Background On 4 November 2013, the Metro East JDAP approved a development application for the redevelopment of the Oakford Traders Liquor Store, Convenience Store and Service Station. The approval had 29 conditions including the preparation of a number of technical reports. The applicant commenced work towards the preparation of these plans; however, due to the complexities an application was submitted to the JDAP on 8 July 2015 seeking an extension to the approval timeframe. The JDAP subsequently approved this application on 29 September 2015 which extended the timeframe of the original application until 4 November 2017. A further proposal was submitted to the Shire and determined by the JDAP to further extend this timeframe by another two years. This was approved on 9 January 2018 and therefore the proposal has until 9 January 2020 in which to be substantially commenced. Existing Development The subject site is located to the east of Nicholson Road at its intersection with Thomas Road. As such, the development proposal abuts Thomas Road to the north which is classified as a Primary Regional Road under the Metropolitan Region Scheme (MRS). Nicholson Road is identified as an Other Regional Road under the MRS. In addition to a residential property located to the south west of the site, the land contains an existing business enterprise, Oakford Traders which currently comprises of a convenience store and liquor store. The property is surrounded largely by rural paddocks.

Location Plan

Proposed Development The current proposal seeks to amend the approval by modifying the site layout, details of which are contained within attachment OCM097.2/09/18. The modifications to the approved layout include the following:-

• The total building area is proposed to be reduced from the approved 1,934 m² to 1,557 m²;

• The majority of this reduction is proposed as a result of the proposed removal of the approved car wash use and building (273m2);

• Reducing the Liquor Store Building in size from 324m² to 287m² but increasing the drive thru from 130m² to 211m²;

• Removal of the Alfresco / Recreation and Service Areas;

• Separation of the Liquor Store Building and the Convenience Store Building with a trafficable area for trucks to drive through;

• Relocation of the truck fuelling canopy from the south to the east of the building; and

• Relocation of the truck parking bays further north and reducing the area available for this. The proposal also seeks approval to vary the hours of operation from 5:00am – 9:00pm seven days a week, to allow operation 24 hours a day, seven days a week. Community / Stakeholder Consultation Public Consultation Advertising has been undertaken to adjoining landowners in accordance with Clause 64 of the Deemed Provisions and LPP1.4 – Public Consultation for Planning Matters.

A total of 28 letters were sent to surrounding landowners, an advertisement was placed in the Examiner Newspaper and the proposal was advertised on the Shire’s website. Advertising was carried out for a period of 21 days from 31 July 2018 – 30 August 2018, no submissions have been received. Consultation with other Agencies or Consultants Department of Planning Lands and Heritage (DPLH)

The DPLH have recommended for the application to be referred to MRWA. Main Roads Western Australia (MRWA)

The application was referred to MRWA for comments. MRWA advised that they have no objections to the proposed land use in principle, however do not support the eastern access allowing for full movement. The comments from MRWA are discussed in further detail under the Traffic, Access and Safety section of the report. Statutory Environment Legislation

• Planning and Development Act 2005;

• Planning and Development (Development Assessment Panels) Regulations 2011

• Planning and Development (Development Assessment Panels) Regulations 2011 – Part 2, Regulation 8 (1) states “Despite any other provision of the Act or a planning instrument, any DAP application for approval of development within a district for which a DAP is established- (a) Must be determined by the DAP as if the DAP were the responsible

authority under the relevant planning instrument in relation to the development; and

(b) Cannot be determined by the local government for the district or the Commission”. Therefore JDAP replaces the Shire and the WAPC.

• Planning and Development (Local Planning Schemes) Regulations 2015

• Metropolitan Region Scheme Instrument of Delegation 2017/02 - Powers of Local Governments and Department of Transport Metropolitan Region Scheme – Section 4 (b) states “Where the recommendation provided by the public authority specified in the delegation notice is not acceptable to local government the application, together with the recommendations provide by all public authorities consulted and the reasons why the recommendations is not acceptable to the local government, shall be referred immediately to the WAPC for determination”. JDAP is not completely bound by the same delegated instrument as the Shire due to the DAP Regulations. However, if the JDAP resolves to approve development contrary to the advice of MRWA, referral is required to the WAPC.

• Shire of Serpentine-Jarrahdale Town Planning Scheme No. 2 State Government Policies

• State Planning Policy 4.2 Activity Centres for Perth and Peel (SPP4.2)

• State Planning Policy 2.1 Peel-Harvey Coastal Plain Catchment (SPP2.1)

• State Planning Policy 2.5 Rural Planning (SPP2.5)

Local Policies

• Shire of Serpentine Jarrahdale Rural Strategy Review 2013

• Activity Centres Strategy

• Local Planning Policy 51 – Oakford Rural Economic Living Area Planning Framework (LPP51)

• Local Planning Policy 4.11 - Advertising Signs (LPP4.11)

• Local Planning Policy - Designing Out Crime (LPP24)

• Local Planning Policy - Public Art (LPP1.6)

• Local Planning Policy - Water Sensitive Design (LPP2.4)

• Local Planning Policy - Landscape and Vegetation (LPP4.16)

• Local Planning Policy – Activity Centres (LPP2.5) Planning Assessment A full assessment was carried out against the current planning framework as part of the RAR which can be viewed in attachment OCM097.1/09/18 and the Clause 67 of the Planning and Development (Local Planning Schemes) Regulations 2015 Checklist (attachment OCM097.3/09/18). For the purposes of this report, matters of concern or where variations are sought will be discussed. Land use

The proposal has previously been determined by the Joint Development Assessment Panel (JDAP) as falling within three different land uses as follows:-

• ‘Service Station’ which is defined under the Shire’s Town Planning Scheme No. 2 (TPS2) as “land and buildings used for the supply of petroleum products and motor vehicle accessories and for carrying out greasing, tyre repairs and minor mechanical repairs and may include a cafeteria, restaurant or shop incidental to the primary use; but does not include transport depot, panel beating, spray painting, major repairs or wrecking”;

• A ‘Convenience Store’ which is defined under TPS2 as “land and buildings used for the retail sale of convenience goods being those goods commonly sold in supermarkets, delicatessens and newsagents but including the sale of petrol and operated during hours which include but which may extend beyond normal trading hours and providing associated parking. The buildings associated with a convenience store shall not exceed 300 square metres gross leasable area” and;

• A ‘Use Not Listed’ for the Liquor Store. Under the Deemed Provisions, Officers are required to deal with an amendment to an application in accordance with Part 8 of the Deemed Provisions, as if it were a new application.

In reconsidering the land uses, Officers note that the retail building, previously classified as the ‘Convenience Store’, is 378m2 and therefore is expressly excluded from the TPS2 definition. However, the definition of ‘Service Station’ includes ‘a cafeteria, restaurant or shop incidental to the primary use’. For this reason the

previously determined land use of ‘Convenience Store’ is considered to not form part of the application and the retail building is included within the land use of ‘Service Station’. With regard to the Liquor Store, previously determined as a ‘Use Not Listed’, it is considered that this could reasonably fall within the land use of ‘Shop’ defined under TPS2 as:- “a building wherein goods are kept, exposed or offered for sale by retail, but does not include a bank, fuel depot, market, service station, milk depot, marine collector’s yard, timber yard or land and buildings used for the sale of vehicles or for any purpose falling within the definition of industry”. Clause 3.2.4 of TPS2 states “Where in the Zoning Table a particular use is mentioned it is deemed to be excluded from any other use class which by its more general terms might otherwise include such particular use”.

Notwithstanding the existing approvals, Officers do not believe that the Liquor Store use can be considered as a ‘Use Not Listed’ under clause 3.2.5 and 3.2.4 of TPS2 and that it must be considered as a ‘Shop’. Under Table I – Zoning Table of TPS2 there is no symbol for a ‘Shop’ in the ‘Rural’ zone. Clause 3.2.3 states “where no symbol appears in the cross reference of a use class against a zone in the Zoning Table a use of that class is not permitted in that zone”. As a prohibited land use, there is no discretion available to Council or JDAP to permit the use and therefore the land use has to be refused. Officers however acknowledge that the existing Liquor Store has been in operation prior to TPS2 and therefore there is a claim that it may have non-conforming use rights. Clause 4.2 of TPS2 states: “4.2 EXTENSION OF NON-CONFORMING USE A person shall not alter or extend a non-conforming use or erect, alter or extend a building used in conjunction with a non-conforming use without first having applied for and obtained the planning consent of the Council under the Scheme and unless in conformity with any other provisions and requirements contained in the Scheme.” Clause 4.3 of TPS2 goes on to state, “Notwithstanding anything contained in the Zoning Table the Council may grant its planning consent to the change of use of any land from a non-conforming use to another use if the proposed use is, in the opinion of the Council, less detrimental to the amenity of the locality than the non-conforming use and is, in the opinion of the Council, closer to the intended uses of the zone or reserve”.

Clauses 4.2 and 4.3 of TPS2, requiring an approval, suggests that an alteration or extension to a non-conforming use or a building used in conjunction with a non-conforming use is capable of approval. In this case, Officers have no evidence that the land use of ‘Shop’ was authorised prior to TPS2 or that any approvals were duly obtained. Therefore, until Officers are satisfied that the use was lawful prior to TPS2 it cannot be determined that the existing Liquor Store is a non-conforming use. The subject site is not listed on a non-conforming use register. Furthermore, the proposal involves the removal of the existing liquor store which has a licenced area of 134.81m2 and replacement with a 287m2 Liquor Store with a

211m2 drive thru in a different location on the site. It is considered that this replacement Liquor Store goes beyond extending or altering the existing land use or building but in fact replaces it at a much more significant scale in a different location thus resulting in a whole new form of development. Officers consider that for the land use to be capable of approval, it is required to be demonstrated that the land use is a non-conforming use and that the works proposed either constitute an ‘alteration’ or ‘extension’ to a scale appropriate to what is existing. It is considered that the intent of the clauses relating to non-conforming uses under TPS2 is to allow their continued use with the opportunity to make minor alterations or carry out minor extensions required to facilitate continuation of the existing non-conforming use. It is not considered that the intent is to allow for the complete removal and replacement of such uses at a substantial increase in scale as is proposed. If evidence were to be provided demonstrating the use is non-conforming, Officers consider it contrary to the principles of orderly and proper planning to allow for a non-conforming use to be demolished and completely replaced by a building so significantly larger that it cannot be considered an alteration or extension. This would be encouraging the addition of a new development inconsistent with the objectives of the zone and further departing from the current planning framework to which the community expects decisions to be in accordance with. Without evidence of the use having non-conforming use rights, Officers have to conclude that the proposal best fits within the land use of ‘Shop’ under TPS2. Other Liquor Stores approved by the Shire have been approved in accordance with the land use of ‘Shop’. The Liquor Store is therefore considered a ‘Shop’ land use which is prohibited. Form of Development and Amenity The development proposed is of a contemporary design and of simple form to reflect the rural character of the area. A condition on the previous approval required for a landscaping plan to be submitted and approved by the Shire prior to commencement of the development. It is considered that landscaping the parking area, verges and open spaces would maintain the rural character. The proposal includes the extension of operating hours to 24 hours a day, seven days a week. The EPA’s Guidance for Separation Distances between Industrial and Sensitive Land Uses sets out separation distances from particular land uses to sensitive receptors to protect amenity of adjoining landowners. In this instance, the guidelines require a 100m separation distance for service stations with 24 hour operations. The proposal is compliant with this requirement with these guidelines. Traffic, Access and Safety Given the subject site is located on a major intersection, traffic is a key consideration. Thomas Road is identified as a Primary Regional Road and designated freight route. Nicholson Road is identified as an Other Regional Road. Both of these classes of roads are designed to carry larger volumes of traffic. Access and egress to the site is proposed via two crossovers onto Thomas Road. The eastern crossover is proposed to allow full vehicle movement. The access

arrangements proposed are as previously approved, however since 2013 design standards have changed and there has been a significant increase in the traffic volumes on this road network. MRWA have also commented that a video survey has been carried out which confirmed that the intersection is beyond the original design capacity and thus there is a requirement to improve the current intersection layout. The intersection of Thomas and Nicholson Road is recognised as a dangerous black spot and has received funding from the Road Trauma Fund account to undertake preliminary planning design concepts. Currently traffic modelling depicts that a roundabout is the preferred treatment at this intersection. It is also worth noting that the project for the upgrading/widening of Thomas Road and Nicholson Road is not in Main Roads’ current four year plan. The preliminary designs show that Thomas Road will be widened with dual lanes in each direction. This would likely result in a medium strip separating the lanes which would restrict the subject site from having full movement in any case. The proposal was referred to MRWA for comments. MRWA did not object in principle to the land use however do not support the eastern access to operate with full movement. A works approval will be required from MRWA for any accesses on Thomas Road. MRWA have advised that they are in support of the proposal if amended plans are provided to demonstrate both accesses onto Thomas Road operate as left in/left out movement only. The original approved plan, dating back to 2013, no longer complies with current design standards for 2018. It is also noted that an advice note on the original 2013 approval advised that the full movement access would be allowable for a temporary period of time only. Officers consider that it would not be orderly and proper planning to support a proposal that, as advised by MRWA, is not consistent with current design standards. As the applicant did not wish to extend the time period for when the RAR was due to the DAP to allow for further plans to be discussed with MRWA, Officers recommend a condition requiring the redesign of the eastern access to ensure the safety concerns are satisfied and that left/in left/out access is supported only. Under the JDAP Regulations, the JDAP is to determine the application as if it were the Responsible Authority and is therefore bound by the same requirements as the Shire as if the Shire was the determining authority. If the JDAP were to support the full movement access, against the advice of MRWA, referral of the application to the WAPC is required. Options and Implications Option 1: That Council endorse the Responsible Authority Report contained within the attachments, which recommends that the Metropolitan East Joint Assessment Panel approve the application for the proposed amendments to the ‘Service Station’ and refuse the Liquor Store (‘Shop’) at Lot 196, 1526 Thomas Road, Oakford, subject to conditions. Option 2:

That Council does not endorse the Responsible Authority Report contained within the attachments, which recommends that the Metropolitan East Joint Assessment Panel approve the application for the proposed amendments to the ‘Service Station’ and refuse the Liquor Store (‘Shop’) at Lot 196, 1526 Thomas Road, Oakford, subject to conditions. Option 3: That Council endorse the Responsible Authority Report contained within the attachments, with modifications as provided by Council. Option 1 is recommended.

Conclusion The application seeks amendments to the layout of an approved development application for the redevelopment of Oakford Liquor Store, Convenience Store and Fuel Station. Approval is also sought to allow the proposal to operate 24 hours a day, seven days a week. It is considered that the proposed ‘Service Station’ remains generally consistent with the planning framework, subject to alterations to the access arrangements. Officers therefore recommend that amendments are made to the access arrangements prior to commencement of works which could be dealt with by way of condition. As discussed within the report, in reconsidering the land use for the Liquor Store, Officers consider this best fits within the TPS2 definition of ‘Shop’. This land use is prohibited within the ‘Rural’ zone and therefore recommended for refusal. Attachments • OCM097.1/09/18 – Responsible Authority Report (E18/8857) • OCM097.2/09/18 – Application Details (E18/9947) • OCM097.3/09/18 – Clause 67 Checklist (E18/9937) Alignment with our Strategic Community Plan

Outcome 3.1 A commercially diverse and prosperous economy Strategy 3.1.1 Actively support new and existing local business within the district.

Financial Implications Nil. Risk Implications Risk has been assessed on the basis of the Officer’s Recommendation.

Risk

Risk Likelihood (based on history and with existing controls)

Risk Impact / Consequence

Risk Rating (Prior to Treatment or Control)

Principal Risk Theme

Risk Action Plan (Controls or Treatment proposed)

Council not endorsing the RAR

Possible (3)

Moderate (3) Moderate (5-9)

Financial Impact - 1 Insignificant - Less than $50,000

Accept Officer Recommendation

http://www.sjshire.wa.gov.au/assets/Uploads/OCM/OCM-2018/OCM-25-SEPTEMBER/OCM097.1.09.18-Late-item-Amended-Attachment.pdf

http://www.sjshire.wa.gov.au/assets/Uploads/OCM/OCM-2018/OCM-25-SEPTEMBER/OCM097.2.09.18-Late-item.pdf

http://www.sjshire.wa.gov.au/assets/Uploads/OCM/OCM-2018/OCM-25-SEPTEMBER/OCM097.3.09.18-Late-item.pdf

Risk Matrix

A risk is often specified in terms of an event or circumstance and the consequences that may flow from it. An effect may be positive, negative or a deviation from the expected and may be related to the following objectives; occupational health and safety, financial, service interruption, compliance, reputation and environment. A risk matrix has been prepared and a risk rating of 9 has been determined for this item. Any items with a risk rating over 10 (considered to be high or extreme risk) will be added to the Risk Register, and any item with a risk rating over 17 will require a specific risk treatment plan to be developed. Voting Requirements: Simple Majority OCM097/09/18 COUNCIL RESOLUTION / Officer Recommendation Moved Cr Coales, seconded Cr McConkey 1. That Council endorses the Responsible Authority Report contained within

attachment OCM097.1/09/18 which recommends that the Metropolitan East Joint Development Assessment Panel approve amendments to DAP Application P04121/01 by refusing the proposed ‘Shop’ (Liquor Store) and approving the proposed ‘Service Station’ at Lot 196, 1526 Thomas Road, Oakford, subject to the following conditions:-

a. The development is to be carried out in compliance with the plans and

documentation listed below and endorsed with the Shire of Serpentine Jarrahdale stamp, except where amended by other conditions of this consent or as shown in red on the approved plans. Plans and Specifications

P1-P5 received at the Shire’s Offices on the 27 July 2018 as amended.

b. Prior to commencement of works, amended plans to depict that the

two accesses onto Thomas Road shall operate as left in/left out turning movements only shall be submitted to and approved by the Shire of Serpentine Jarrahdale. The location of the westernmost access shall be positioned at a minimum distance of 120m east of the hold line from the Nicholson Road intersection.

c. The easternmost access shall be designed to incorporate a left turning pocket and shall comply with Main Roads WA specifications for the relevant design speed.

d. All heavy vehicles shall enter and exit the site via the easternmost crossover only and this access arrangement shall have adequate signage to this effect.

e. Modified crossovers and the verge shall be made good at the applicants cost and to the Shire of Serpentine-Jarrahdale's standards.

f. All truck parking shall be located to the rear of the site to overcome any potential conflicts with entering and exiting traffic.

g. The internal road network within the development site shall be designed to have an internal turn around facility or area that enables heavy vehicles to turn around and exit the easternmost crossover in forward gear. This shall be designed for a minimum design vehicle of a 27.5 metre B Double.

h. The developer shall be responsible for all costs involved in the land acquisition (if required), design and construction of the left turning deceleration lane for the easternmost access. This includes signing, road markings, relocation of services, street lighting and Main Roads costs involved in the checking of the design and constructions drawings and any site inspections required.

i. Any services, infrastructure or roadside furniture that requires relocation as a result of the applicant's works will be at the applicant's cost.

j. No earthworks, unless otherwise approved, shall encroach onto the Thomas Road road reserve.

k. Any land required for the access arrangements shall be ceded at no cost to Main Roads WA for road dedication purposes for inclusion into the Thomas Road road reserve.

l. Prior to operation, a minimum number of 26 parking bays shall be provided for the ‘Service Station’ land use in accordance with Table V – Parking Requirements of the Shire of Serpentine Jarrahdale Town Planning Scheme No.2.

m. Prior to commencement of any site works, a Dust Management Plan is to be submitted to and approved by the Shire of Serpentine Jarrahdale in accordance with the Department of Environment and Conservation "Guidelines for the prevention of dust and smoke pollution from land development sites in Western Australia". The approved Dust Management Plan shall be implemented thereafter.

n. Prior to commencement of works, an Urban Water Management Plan shall be submitted to and approved by the Shire of Serpentine Jarrahdale. Once approved, the Urban Water Management Plan is to be implemented in its entirety.

o. All storm water shall be disposed of within the property. Direct disposal of storm water onto the road, neighbouring properties, watercourses and drainage lines is not permitted.

p. Prior to commencement of works, a Lighting Plan shall be submitted to and approved by the Shire of Serpentine Jarrahdale. The Lighting Plan shall demonstrate the provision of lighting to all access ways, car parking areas, the exterior entrances to all buildings and the extent to which light from all external light sources is cast. Once approved, the lighting plan shall thereafter be implemented in its entirety.

q. Prior to commencement of works, a Waste Storage and Removal Plan shall be submitted to and approved by the Shire of Serpentine Jarrahdale. Once approved, the Waste Storage and Removal Plan shall be implemented in its entirety.

r. Prior to the commencement of works, a Signage Strategy detailing location, size and height of signage for the whole development, including wall signs, window signs, under verandah signs and fascia signs, shall be submitted to and approved by the Shire of Serpentine Jarrahdale.

s. Prior to commencement of works, a Landscape and Vegetation Management Plan, including all car parking areas, access roads, road verges and areas of open space, shall be submitted to approved by the Shire of Serpentine Jarrahdale. The approved plan shall thereafter be implemented and maintained in its entirety.

t. Prior to operation, an agreed monetary contribution shall be paid to Council for the establishment of public art in accordance with Council's Local Planning Policy 1.6 - Public Art, to the satisfaction of the Shire of Serpentine Jarrahdale.

Advice notes (a) In respect to Condition 11, Application Kits can be found on the Main

Roads website>"Our Roads">"Conducting Works on Roads>" Applications to Undertake Works on State Roads"> Application Kit and Guidelines for Complex Works OR Application Form for Low Complexity Works.

(b) With regard to conditions d and g, a swept path analysis shall be submitted to the Shire of Serpentine Jarrahdale to demonstrate the ability for the most restrictive movement vehicle to enter and exit the site.

(c) The intersection of Thomas Road and Nicholson Road is recognised as a dangerous black spot and has received funding from the Road Trauma Fund account to undertake preliminary planning design concepts. Currently the traffic modelling depicts the preferred intersection at this location as a roundabout treatment, for both interim and ultimate stages.

(d) The project for the upgrading/widening of Thomas Road and Nicholson Road is not in Main Roads current 4-year forward estimated construction program and all projects not listed are considered long term.

(e) Please be aware the timing information for the construction of the preferred treatment (both interim and ultimate stages) is subject to change and Main Roads assumes no liability for the information provided.

(f) The developer is required to obtain a ‘Works by Others' approval to undertake such modifications to the road network. A "Works by Others" approval is subject to a 100% design review prior to any consideration to modify a Main Roads asset or road network.

Reasons for Refusal (a) The proposal best fits within the land use of ‘Shop’ under TPS2, a

prohibited land use in the ‘Rural’ zone. CARRIED UNANIMOUSLY 7/0

Documents

Metro East Joint Development Assessment Panel Agenda€¦ · Food and Beverage and Commercial Tenancies . City of Gosnells 7 (Lot 10) Kelvin Road, 1910 (Lot 6) & 1914 (Lot 12) Albany