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Metro East Joint Development Assessment Panel
Agenda
Meeting Date and Time: 18 January 2018; 10:00am Meeting Number: MEJDAP/144 Meeting Venue: City of Gosnells 2120 Albany Highway Gosnells Attendance
DAP Members Mr Paul Kotsoglo (Presiding Member) Ms Sheryl Chaffer (A/Deputy Presiding Member) Mr Peter McNab (Specialist Member) Cr Ron Mitchell (Local Government Member, City of Gosnells) Cr Julie Brown (Local Government Member, City of Gosnells) Officers in attendance Ms Stephanie Gladman (City of Gosnells) Mr Luke Gibson (City of Gosnells) Mr Mek Piggott (Western Australian Planning Commission) Minute Secretary Ms Caroline Clark (City of Gosnells) Ms Ferne Milne (City of Gosnells) Applicants and Submitters Mr Behnam Bordbar (Transcore) Mr Nik Hidding (Peter Webb and Associates) 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
Ms Stacey Towne (Deputy Presiding Member)
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3. Members on Leave of Absence
Panel member, Ms Stacey Towne has been granted leave of absence by the Director General for the period of 1 September 2017 to 26 January 2018 inclusive.
4. Noting of Minutes
Note the Minutes of meeting No. 143 held on 9 January 2018.
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 Behnam Bordbar (Transcore) presenting in support of the application at Items 10.1a and 10.1b. The presentation will object to Condition 7 of the City of Gosnells’ recommendation and Condition 1 of the Western Australian Planning Commission’s recommendation.
7.2 Mr Nik Hidding (Peter Webb and Associates) presenting in support of
the application at Items 10.1a and 10.1b. The presentation will briefly respond to both recommendations for approval.
8. Form 1 – Responsible Authority Reports – DAP Applications
Nil
9. Form 2 – Responsible Authority Reports – Amending or cancelling DAP development approval
Nil
10. Appeals to the State Administrative Tribunal 10.1a Property Location: 1 (Lot 101), 3 (Lot 102), 5 (Lot 13) Sampson
Street and 1878 (Lot 1) Albany Highway, Maddington
Application Details: Convenience Store and Lunch Bar Applicant: Peter Webb and Associates Owner: Gilwest Pty Ltd and Horseshoe Holdings Pty Ltd
Responsible Authority: City of Gosnells DAP File No: DAP/16/01156
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10.1b Property Location: 1 (Lot 101), 3 (Lot 102), 5 (Lot 13) Sampson
Street and 1878 (Lot 1) Albany Highway, Maddington
Application Details: Convenience Store and Lunch Bar Applicant: Peter Webb and Associates Owner: Gilwest Pty Ltd and Horseshoe Holdings Pty Ltd
Responsible Authority: Western Australian Planning Commission DAP File No: DAP/16/01156
The following State Administrative Tribunal Application has been finalised:
Shire of Mundaring – Lot 9 (6915) Great Eastern Highway and Lot 3 (7) Mann Street, Mundaring – McDonald’s Fast Food Outlet and Pylon Sign.
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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State Administrative Tribunal Reconsideration
Responsible Authority Report (Regulation 12)
Property Location: 1 (Lot 101), 3 (Lot 102), 5 (Lot 13) Sampson Street and 1878 (Lot 1) Albany Highway, Maddington
Development Description: Convenience Store and Lunch Bar
DAP Name: Metro East Joint Development Assessment Panel
Applicant: Peter Webb and Associates
Owner: Gilwest Pty Ltd and Horseshoe Holdings Pty Ltd
Value of Development: $2,100,000.00
LG Reference: DA16/00391
Responsible Authority: City of Gosnells
Authorising Officer: Luke Gibson, Manager Planning Implementation
DAP No: DAP/16/01156
Report Date: 15 December 2017
Application Received Date: N/A
Application Process Days: N/A
Attachment(s): 1. Site Plan 2. Revised Site Development Plan and
Easement Access Plan 3. Traffic Management Plan for Fuel
Tankers 4. Comments received from Main Roads
Officer Recommendation: That the Metro East Joint Development Assessment Panel, pursuant to section 31 of the State Administrative Tribunal Act 2004 in respect of SAT application DR223 of 2017, resolves to: Reconsider its decision dated 6 June 2017 and approve the DAP Application DAP/16/01156 and amended plans in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of City of Gosnells Town Planning Scheme No. 6, subject to the following conditions: Conditions 1. A landscape plan for the development site and the adjoining road verge(s) is
to be submitted in accordance with the City’s Landscape Plan Information Sheet, and approved by the City's Development Services branch, prior to the commencement of development.
2. Existing structures nominated on the approved plan on the lot(s) are to be
demolished to the satisfaction of the City.
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3. The applicant shall submit a drainage design, prescribing a functional drainage system, including detailed engineering drawings and necessary technical information to demonstrate functionality of the design (including how the design will integrate with the existing drainage infrastructure in Sampson Street). The design is to be endorsed prior to the lodgement of a Building Permit application and thereafter implemented to the satisfaction of the City of Gosnells.
4. The proposed carparking bays are to be provided, prior to the occupation of the building, and maintained to the satisfaction of the City. The driveways, accessways and carbays are to be paved, drained and marked to City’s standards in accordance with the approved plan and Table 3B of Town Planning Scheme No. 6.
5. Lots 13 and 102 Sampson Street are to be amalgamated into a single lot on a
Certificate of Title prior to the occupancy of the building(s). 6. Arrangements are to be made to ensure the provision of reciprocal rights of
access between Lot 1, Lot 101 and the proposed lot to be produced by the amalgamation of Lot 13 and 102, to the satisfaction of the City, prior to the occupation of the building(s).
7. Arrangements being made for the modification of the Albany Highway/Sampson Street intersection to the satisfaction of MRWA and the City so as to facilitate lane correct swept path movements for fuel tankers from Sampson Street into Albany Highway (northbound).
8. Landscaping and irrigation of the development site and adjoining road verges is to be installed prior to occupying the proposed development, and thereafter maintained, in accordance with the approved landscaping plan to the satisfaction of the City’s Development Services Branch.
Advice Notes
1. The applicant is advised that it is Main Roads Western Australia’s intention to close vehicular crossovers onto Albany Highway in the future as part of the adopted Access Management Strategy. The closure of the crossover may therefore restrict access to and from Albany Highway. The City holds no liability and/or responsibility should Main Roads Western Australia implement the Access Management Strategy.
2. An Occupancy Permit is to be applied for and issued by the Local Authority (Permit Authority) prior to occupation of the building or part thereof. For a new building, a Certificate of Construction Compliance (BA17) is to be provided with the application for it to be valid. For an existing building, a Certificate of Building Compliance (BA18) is to be provided with the application for it to be valid.
3. Boundary fencing is to be replaced/upgraded to the minimum specification as required by the City's Fencing Local Laws.
4. Department of Fire and Emergency Services assessment is required prior to
approval of a Building Permit application.
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5. Due to the nature of foundation materials, footing and slab details and a site
report from a structural engineer are required to be submitted with the Building Permit application.
6. Your attention is drawn to the following to minimise the impact of
development works: i) All development works must be carried out in accordance with
Control of Noise Practices set out in section 6 of AS2436-1981. For further details please contact the Department of Environment Regulation.
ii) Development work shall only be permitted between 0700 hours and 1900 hours on any day which is not a Sunday or public holiday, without the written approval of the City.
iii) Development work shall comply in all respects with the Environmental Protection (Noise) Regulations 1997.
7. Your attention is drawn to the following requirements in respect to food
preparation: i) Detailed plans and specifications of all food preparation and storage
(including refuse) areas are to be submitted and approval obtained before construction or fit out is commenced.
ii) Refuse storage areas are to comply with the City of Gosnells Health Local Law 1999 (Suitable Enclosure (39)).
iii) To comply in all respects with the Food Act 2008, Food Regulations 2009 and Australia New Zealand Food Standards Code.
8. Lessees of food handling premises and hairdressing establishments are
required to submit plans and specifications of shop fit-outs to the City, prior to commence of works.
9. This approval does not authorise the demolition of the existing buildings on
site. A Demolition Permit must be obtained from the City prior to the removal/demolition of the existing building(s).
10. In relation to Condition 1, the applicant is advised as follows:
i) Any landscaping or earthmoving in the street verge is to be set at levels as directed by the City's Infrastructure Directorate to ensure minimum disruption to future footpath levels. In this regard you are required to submit levels to the Infrastructure Directorate.
ii) The developer is advised that the City has a Shade Policy which must be considered as part of the development process.
iii) If bin collection areas are required as part of the proposed development, those areas are to be shown on the landscape plan, to the satisfaction of the City.
iv) The proponent is advised that approval is required from the City for the removal or pruning of any street trees. Where approval is given by the City for the removal of a street tree or trees the developer will pay for the amenity value of the tree or trees with the valuation being determined by the Helliwell Method (as per the City's Schedule of Fees and Charges).
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11. The applicant is to liaise with Western Power in relation to the relocation of
existing Power Pole which impacted by the widening of the Albany Highway crossover.
Details:
Zoning MRS: Primary Regional Road, Urban
TPS: Highway Commercial
Use Class: Convenience Store, Lunch Bar
Strategy Policy: N/A
Development Scheme: City of Gosnells Town Planning Scheme No. 6
Lot Size: 4,393m2 (collective area)
Existing Land Use: Motor Vehicle Sales
Background: On 6 June 2017, the Metro East JDAP resolved to refuse an application for a Convenience Store and Lunch Bar at 1 (Lot 101), 3 (Lot 102), 5 (Lot 13) Sampson Street and 1878 (Lot 1) Albany Highway, Maddington for the following reasons.
1. The application is contrary to the adopted Main Roads Western Australia Access Strategy and approval of the application may compromise the future safety and functionality of Albany Highway.
2. The applicant has not appropriately demonstrated that vehicles can safely
enter and exit the site from the proposed Sampson Street crossover. An application seeking review of the JDAP decision was subsequently lodged with the State Administrative Tribunal (SAT). As part of the mediation process, the applicant submitted amended plans and supporting documentation for the JDAP’s consideration. The SAT subsequently issued orders requiring the respondent to reconsider its decision. Site Context The subject land is located at the intersection of Sampson Street and Albany Highway, Maddington and comprises four separately titled lots. The site is currently used for Motor Vehicle Sales, with access available from Albany Highway and Sampson Street via existing crossovers. It is noted that under the Metropolitan Region Scheme (MRS), the whole of 1 Sampson (Lot 101) and a portion of 1878 Albany Highway (Lot 1) are reserved as a Primary Regional Road. The zoned portions of these lots are subject to a MRWA adopted Vehicle Access strategy. The properties also fall within the Maddington Town Centre area as defined in Council’s Maddington Town Centre Local Planning Policy (LPP 5.1). The landholdings surrounding the subject site are zoned Highway Commercial to the north and east with Maddington Train Station located 200m north of the site. To the west across Sampson Street and consist of Light Industry zoned land and to the south across Albany Highway Mixed Business.
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A site plan showing the location of the property is contained as Attachment 1. The application includes:
The removal of existing structures on Lots 13 and 102;
The construction of a new Convenience Store incorporating three pump stations (with six fuel bowers) under a centrally located canopy, a 199m2
convenience store building with 24m2 associated service area (bin/plant rooms and loading bay). A separate lunch bar is also proposed consisting of 150m2
building with an 8m2 yard;
The provision of 22 dedicated carparking bays, including one with air/water facilities;
Consolidation of multiple crossovers on Sampson Street to one dedicated crossover with a width of 9m and modification of the existing crossover to Albany Highway so as to have a width of 11m;
The provision of signage, including a 7m high monolith sign and an additional 4m ancillary price sign.
The revised plans are contained as Attachment 2. Legislation and Policy: Legislation
Metropolitan Region Scheme
Town Planning Scheme No. 6
Planning and Development Act 2005
Planning and Development (Local Planning Schemes) Regulations 2015. State Government Policies
Development Control Policy 5.1 – Regional Roads (Vehicular Access) Local Policies
Local Planning Policy 4.9 – Signage and Flags
Local Planning Policy 5.1 – Maddington Town Centre Development Consultation: Public Consultation The proposal was not required to be advertised for public consultation. Consultation with other Agencies or Consultants The revised application and plans, including a revised Traffic Management Plan (see Attachment 3) was referred to Main Roads Western Australia via the SAT mediation process.
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In response, Main Roads has reiterated its original objection to the application (see Attachment 4). Planning Assessment: Local Planning Scheme Land Use Permissibility The application is for a Convenience Store and Lunch Bar. Both uses are ‘D’ uses in the ‘Highway Commercial’ zone in the City of Gosnells Town Planning Scheme No. 6 (TPS 6) meaning that they are not permitted unless the local government has exercised its discretion by granting planning approval. Landscaping
Scheme Standard Assessment
Table 2A
Canopy shade trees at the rate of 1 tree for every 4 open air parking bays.
The application does not propose shade trees over the carparking bays. In considering this variation, it is acknowledged that imposing this requirement will either impede view lines of the signage and building as viewed from the street, or conflict with the service area. For these reasons, it is considered that this variation is reasonable. Should the application be approved, it will be recommended that a condition be imposed requiring the submission of a landscaping plan. It is expected that the plan will detail the landscaping of all non-hardstand areas.
The proposed variation is therefore considered acceptable. Setbacks
TPS 6 Setback Standard Setback Provided Assessment
Front – 15m
Secondary Street – 4.5m
Rear/Side – subject to design requirements of the Council.
Front – 10m (to canopy)
Secondary Street – 1m (to convenience store building)
The proposed canopy locations represents a variation to both the primary and secondary street setback requirements. Given (i) the configuration of the subject site and (ii) the open design of the structure with little building bulk, the variation for that component of the proposal is considered acceptable. With respect to the Convenience Store building, the application provides a façade which addresses the street in a visually appealing manner. Furthermore, the Sampson Street verge is wide which mitigates the effect on the variation to the secondary setback. As such, the proposed variation is considered acceptable in this instance.
Car Parking The following table details TPS 6 car parking requirements.
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Use Class TPS 6 Car Parking Standard
TPS 6 Car Parking Requirements Required No of Bays
Convenience Store
1 space for every 15m
2 net lettable
area, plus
The application proposes a net lettable area of 164m
2, therefore generating a requirement
of 11 bays.
11
4 spaces for every working bay
There are no working bays provided. N/A
1 space for every person employed on site.
There are two persons proposed to be employed.
2
Lunch Bar 1 space for every 15m
2 gross
leasable area. Minimum of 4 bays.
The total net lettable area for the lunch bar is 150m
2, therefore generating a requirement of
10 bays.
10
Total 23
The proposal involves the provision of 22 bays (comprised of 16 dedicated parking bays and six fuel bays, which represents a one bay shortfall. This variation is of a minor nature and the use of the site involves high vehicular turnover. Therefore, the variation is considered acceptable in this instance. Local Planning Policy 4.9 – Signage and Flags The proposed signage complies with all relevant provisions of LPP 4.9. Local Planning Policy 5.1 – Maddington Town Centre Development The policy provides design parameters to enable the development of high quality activated streetscapes, with an emphasis on encouraging pedestrian access and amenity. The policy envisages an urban landscape which provides opportunities to create vibrant and an active mixed use Town Centre recognising its proximity to the Maddington Train Station. The proposal is for car-based uses particularly in respect of the convenience store. The lunch bar component will most likely attract some pedestrian custom from nearby businesses between Albany Highway and the railway line. It could be considered that the proposal does not readily meet the policy. The policy envisages a pedestrian friendly urban outcome in keeping with the Transport Oriented Design (TOD) objectives of the relevant Policy Area (2a). The intended long term outcome for the area is to achieve redevelopment of the Highway Commercial sites facing Albany Highway to take advantage of the strategic location of this precinct. From a design perspective, the policy outlines preferred specific design outcomes such as the development of two storey built form. The application does not provide for a two storey building to the public street or awnings for pedestrians as required by the policy. Current Access Scenario Albany Highway is a Primary Regional Road under the care and control of MRWA and Sampson Street is an Access Road under the care and control of the City of Gosnells. Both roads are currently operating in accordance with their classification. At present the current land uses generate relatively few traffic movements. The applicant’s original Transport Statement identified that based on traffic modelling and
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analysis undertaken, the current sites generate 140 vehicle movements per day (VPD) with access obtained via one crossover onto Albany Highway and three separate crossovers onto Sampson Street. Albany Highway Vehicle Access Strategy MRWA undertook a review of Albany Highway in 2014, from Austin Avenue to Gosnells Road West, as it was recognised that there was a requirement to further define the road layout, and developed a future vehicle access strategy. The entirety of 1 (Lot 101) Sampson Street and a portion of 1878 (Lot 1 Albany Highway are reserved as Primary Regional Road under the MRS. One of the recommendations of this strategy is that future development should reduce and/or eliminate direct access to and from Albany Highway and redirect access to side roads and rear laneways. The Strategy stipulates, amongst other things, that no vehicle access would be permitted between Sampson Street and Kelvin Road. Given that the applicant is unable to demonstrate that large vehicles (such as fuel tankers) could service the site via Sampson Street, the City has concerns that if the application were to be approved and implemented, the land use could become unsustainable in the event that access from Albany Highway is not permitted in the future. The City acknowledges, however, that the SAT, given uncertainties regarding timeframes for future widening of Albany Highway and the associated closure of the crossover, have directed assessing authorities to consider the proposal in the context of the existing access situation only. Vehicle Movements The application proposes consolidation of the existing three crossovers on Sampson Street into one and modification (widening to 11m) of the Albany Highway crossover to allow for an increase in the length of vehicles entering and existing the site. The original development was intended to generate up to 1790 VPD for the convenience store element and 47 VPD for the lunchbar element, with the number of fuel tanker movements being up to four times per week. Service vehicles are expected to access the site outside peak operating times of the business. It is noted that it is assumed that number of VPD for the convenience store element will be reduced on the basis of the number of fuel bowers being reduced to six rather than eight. The applicant has provided an amended Traffic Assessment (including a Fuel Tanker Traffic Management Plan) (see Attachment 4) to ensure that the movement of fuel tankers will have minimal impact upon the roadways, with a recommendation that fuel tankers have access to the site up to three times per week, between the hours of 7pm and 7am. As previously noted, Main Roads are not supportive of the application. The key reasons for Main Roads objection to the application is as follows: 1. The submitted swept path drawings do not demonstrate how the site will work if
Albany Highway is upgraded to six lanes and do not demonstrate the semi-trailer to be lane correct on egress movements. In the event that central line marking is provided on Sampson Street, the exiting semi-trailers will not be
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capable of complying with the Road Traffic Code 2000 (in that the truck will need to cross a dividing line).
2. The applicant has not provided a fuel delivery plan (specifying arrangements which will be made with fuel distributors and contractors to comply with the revised access plan, details of delivery vehicle configuration etc). The fuel delivery plan must consider the impacts of the future Albany Highway upgrade to six lanes with a solid median.
3. The applicant has not provided details of easements intended to facilitate access over Lot 1 for semi-trailers entering the convenience store from Albany Highway, and facilitating access from Lot 1 to Sampson Street across Lot 2.
In considering the above responses by Main Roads, the following is relevant:
In relation to the line making of Sampson Street, the City does not intend to install a dividing line on Sampson Street at this point in time. The City understands that 19m fuel tanker exiting the site onto Sampson Street will require the full width of the road pavement to make the movement. Given that Sampson Street is an Access Road and the infrequent need for that movement, that aspect of the proposal is considered acceptable.
The applicant did provide an amended Traffic Assessment, including a Fuel Tanker Traffic Management Plan (contained as Attachment 3), which is considered generally acceptable.
The concerns regarding easements and reciprocal rights of access can be resolved by conditions of planning approval.
Based on the above, it will be recommended that the application be approved under TPS 6, subject to conditions to ensure safe and efficient movement. . It is noted that the applicant requires two separate planning approvals; one under TPS 6 and one under the MRS, with the Department of Planning, Lands and Heritage being the responsible authority for the latter process. Options/Alternatives: Not applicable. Council Recommendation: Not applicable. Conclusion: The application is generally considered acceptable from a land use and built form perspective given its relationship with the existing road design. The applicant has addressed the previous area of concern relating to the ability of fuel tanker vehicles to enter and exit safely from both Albany Highway and Sampson Street. As such it is recommended that the amended application be approved.
The City of Gosnells provides the information contained herein. The Council of the City of Gosnells shall not be liable for any loss or damage howsoever caused as a result of reliance upon information contained in these documents.
Date: 8/11/2017
Scale: 1:600
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INTRODUCTION This Technical Note (TN) has been prepared by Transcore on behalf of Emmett Property Pty Ltd. The subject of this TN is the proposed 7-Eleven and Lunch Bar developments at Lots 101, 102 & PT Lot 13 Albany Highway, Maddington, in the City of Gosnells as shown in Figure 1. The project has been referred to Sate Administration Tribunal (SAT) and during a recent SAT Mediation on 17 August 2017 some additional information was requested by the Main Roads WA representative. This additional information was mainly with respect to the fuel tanker access and egress to and from the proposed 7- Eleven tenancy. Accordingly, this TMP is prepared to clarify the details of how, when and the frequency of fuel tankers servicing the proposed 7- Eleven. The TMP also includes the turning path diagrams to demonstrate the fuel tanker movements to and from the proposed 7- Eleven.
Technical Note: No. 1a Date: 18/09/2017 Project No: t17.212 Project: Proposed 7- Eleven and Lunch Bar at Lots 101, 102 & PT Lot 13 Albany Highway, Maddington
Subject: Traffic Management Plan (TMP) for Fuel Tankers
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Figure 1: Location of the Subject Site The proposed development intends to retain the existing crossover on Albany Highway and rationalise the existing 4 crossovers on Sampson Street into one crossover. It is proposed to install mountable aprons at the corner of each crossover to better accommodate the movements of the fuel tankers. A copy of the latest development site plan is attached in APPENDIX A for reference.
Fuel Delivery Tanker Access/ Egress and Circulation on site
Based on the information provided to Transcore, fuel tankers will be 19.0m semi-trailers. It is proposed that the fuel tankers will turn left into the site via Albany Highway crossover, circulate within the site to access the fill point in an anti-clockwise direction and exit the site via a left turn at Sampson Street crossover. The fuel tankers will then turn right onto Albany Highway westbound. According to the advice provided by 7- Eleven the fuel tanker travel routes, entrance and exit movements and the delivery schedule, will be under a strictly controlled regime and instructions by 7- Eleven. Accordingly, 7-Eleven’s Fuel Distributor is contracted to supply fuel to all 7-Eleven sites. The Distributor needs to adhere to the agreement and distribute fuel to the site in accordance with instructions, agreement and any planning conditions which will be notified by 7-Eleven, otherwise the Distributor, will be in breach of the contract.
t17212artn01a.doc 3
There is no difference between a Contractor delivering to the site on behalf of the Distributor or the Distributor’s direct employee delivering to site, given the relevant agreements that need to be adhered to. On that basis, 7-Eleven will commit to providing the Fuel Distributor with the tanker management plan so that it can undertake the fuel deliveries in the manner required. Transcore has been advised that the fuel tankers will access the site generally 2 to maximum 3 times per week between 7.00PM and 7.00AM so that the fuel delivery and tanker movements occur outside the road network and site operations peak periods. Considering the frequency and timing of the fuel delivery no traffic conflicts between customers, employees and fuel tankers are expected as well as any impact on Albany Highway and Sampson Street traffic. Fuel Tanker Turn Path Analysis Figure 2 illustrates the fuel tanker path to the proposed 7- Eleven site from Albany Highway. As shown in Figure 2 this movement is satisfactory. Figure 3 illustrates the exit movement of the fuel tanker from the proposed 7- Eleven site onto Sampson Street via a left turn. As shown in Figure 3 this movement is satisfactory. Figures 4 illustrates the right turn movement of the fuel tanker from Sampson Street onto Albany Highway westbound. As shown in Figures 4 this movement is satisfactory.
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APPENDIX A
PROPOSED DEVELOPMENT SITE PLAN
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Main Roads Western Australia
Don Aitken Centre, Waterloo Crescent, East Perth WA 6004
PO Box 6202, East Perth WA 6892
mainroads.wa.gov.au
138 138
Enquiries: Zeljko Zagorac on 9475 8425 Our Ref: 14/8509 (D17#968978) Your Ref: Gilwest v MEJDAP - DR 223 of 2017
4 December 2017
City of Gosnells 2120 Albany Highway, Gosnells Via email
Dear Stephanie LOT 102 (3) SAMPSON ST MADDINGTON PROPOSED PETROL STATION DEVELOPMENT The purpose of this letter is to reiterate Main Roads position following the State Administration Tribunal (SAT) mediation session held on the 17th of August 2017 and the further documentation forwarded to Main Roads for reconsideration on the 15 November 2017 from the City of Gosnells. It must be noted the mediation of the 17th August 2017 concluded to three items to be presented to Main Roads for further assessment. The three (3) outstanding items are described below.
1. Modelling which underpins the revised access plan, prepared on the basis of "line
path" rather than "arc path".
2. Preparation of a fuel delivery plan to accompany the revised development application, specifying arrangements which will be made with fuel distributors and contractors to comply with the revised access plan, details of delivery vehicle configuration etc.
3. Details of easements intended to facilitate access over lot 1 for semi-trailers entering the convenience store from Albany Highway, and facilitating access from lot 1 to Sampson Street across lot 102.
Correspondence of the above items 1-3 was sent by the State’s Solicitors Office to WAPC, the JDAP and the City of Gosnells as the agreed required information, by email dated the 17th of August 2017. Main Roads reviewed the new information presented and does not support the proposed concept due to the following reasons:
1. Swept path drawings demonstrating line path is now facilitated. It does not
demonstrate how the site will work once Albany Highway is upgraded to 6 lanes (currently 4 lanes). It does not demonstrate the semi-trailer to be lane correct on egress movements. Although currently lawful, with the introduction of a petrol station and the traffic generation associated with such a site, the City of Gosnells and the WAPC must be considerate of dividing lines. It is likely a dividing line will be installed if complaints are received about semi-trailers being on the wrong side of the road to egress to Sampson St. Once this form of line marking is installed the site can no longer comply, pursuant to r.116 of the Road Traffic Code 2000. On the 16th November 2017 Main Roads forwarded the current Main Roads drawing number 200331-0141-5 for line marking demonstrating the mandatory minimum standard for the intersection
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State Administrative Tribunal Reconsideration
Responsible Authority Report (Regulation 12)
Property Location: 1 (Lot 101), 3 (Lot 102), 5 (Lot 13) Sampson Street and 1878 (Lot 1) Albany Highway, Maddington
Development Description: Convenience Store and Lunch Bar
DAP Name: Metro East Joint Development Assessment Panel
Applicant: Peter Webb and Associates
Owner: Gilwest Pty Ltd and Horseshoe Holdings Pty Ltd
Value of Development: $2,100,000.00
LG Reference: DA16/00391
Responsible Authority: Western Australian Planning Commission
Authorising Officer: Assistant Director General – Land Use Planning
DAP No: DAP/16/01156
Report Date: 5 January 2018
Application Received Date: N/A
Application Process Days: N/A
Attachment(s): 1: Revised Development Plans 2: Zoning Plan 3: Albany Highway Vehicle Access Strategy
Officer Recommendation: That the Metro East Joint Development Assessment Panel, pursuant to section 31 of the State Administrative Tribunal Act 2004 in respect of SAT application DR 223 of 2017, resolves to: Reconsider its decision dated 6 June 2017 and approve DAP Application reference DAP/16/01156 and amended plans: Drawing Numbers DA01 Rev I, DA02 Rev A and DA03 Rev B in accordance with Clause 68 of the Planning and Development (Local Planning Schemes) Regulations 2015 and the provisions of Clause 29 of the Metropolitan Region Scheme, subject to the following conditions: Conditions
1. Arrangements being made for the modification of the Albany
Highway/Sampson Street intersection to the satisfaction of the Western Australian Planning Commission, and to the specifications of Main Roads Western Australia and the City of Gosnells to facilitate lane correct swept path movements for fuel tankers from Sampson Street into Albany Highway (northbound).
2. If the approved development is not substantially commenced within a period of two years from the date of this decision, the approval shall lapse and be of no further effect. Where an approval has so lapsed, no development shall be
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carried out without the further approval of the responsible authority having first been sought and obtained.
Details: outline of development application
Zoning MRS: Primary Regional Road, Urban
TPS: Highway Commercial
Use Class: Convenience Store, Lunch Bar
Strategy Policy:
Development Scheme: City of Gosnells Town Planning Scheme No. 6
Lot Size: 4,393m2 (collective area)
Existing Land Use: Motor Vehicle Sales
The application proposes:
The removal of existing structures on Lots 13 and 102;
The construction of a new Convenience Store incorporating three petrol pump stations (with six fuel bowers) under a centrally located canopy, a 199m2
convenience store building with 24m2 associated service area (bin/plant rooms and loading bay). A separate lunch bar is also proposed consisting of 150m2
building with an 8m2 yard;
The provision of 22 dedicated carparking bays, including one with air/water facilities;
Consolidation of multiple crossovers on Sampson Street to one dedicated crossover with a width of 9m and modification of the existing crossover to Albany Highway so as to have a width of 11m;
The provision of signage, including a 7m high monolith sign and an additional 4m ancillary price sign.
Background: On 6 June 2017, the Metro East JDAP resolved to refuse an application for a Convenience Store and Lunch Bar at 1 (Lot 101), 3 (Lot 102), 5 (Lot 13) Sampson Street and 1878 (Lot 1) Albany Highway, Maddington for the following reasons:
1. The application is contrary to the adopted Main Roads Western Australia (MRWA) Access Strategy and approval of the application may compromise the future safety and functionality of Albany Highway.
2. The applicant has not appropriately demonstrated that vehicles can safely
enter and exit the site from the proposed Sampson Street crossover. An application seeking review of the JDAP decision was subsequently lodged with the State Administrative Tribunal (SAT) on the following grounds:
The application is supported by the Transcore Traffic Report and Tanker Swept Path;
The application is consistent with the MRWA Driveways Policy;
MRWA do not have a programme, budget or timeframe for the Albany Highway widening;
A crossover to Albany Highway already exists;
Page 3
Retention of the existing crossover will not impact on safety and functionality when Albany Highway is widened to 6 lanes;
The applicant has demonstrated general vehicles can safely enter and exit from the proposed Sampson Street crossover (Refusal reason No. 2);
It is not clear if refusal reason no. 2 relates only to fuel tankers - no issues have been identified with fuel tanker movement through the Sampson Street crossover; and
The timing and frequency of tanker movements should be considered, which will be 2-3 times a week and outside of peak hours.
As part of the mediation process, the applicant submitted amended plans (Attachment 1 – Development Plans) and supporting documentation for the JDAP’s consideration. The SAT subsequently issued orders requiring the respondent to reconsider its decision. This Responsible Authority Report (RAR) relates to the approval required under the MRS pursuant to clause 29 (1), as the development is on land partially reserved for the purpose of a regional road under Part II of the MRS. The conditions of DEL 2017/02 require referral to the WAPC where the local government does not accept the recommendation of the public agency specified in the delegation to which such applications must be referred. In this instance, the land is partially reserved Primary Regional Road which requires the application to be referred to MRWA. The City of Gosnells (the City) has recommended that the application be approved, however, MRWA does not support the application. This assessment will specifically address the comments and recommendations of MRWA and the City. Legislation and Policy: Legislation
Metropolitan Region Scheme
Planning and Development Act 2005 (PD Act) State Government Policies
Development Control Policy 5.1 - Regional Roads (Vehicular Access)
Development Control Policy 1.2 - Development Control - General Principles Local Policies N/A Consultation: Public Consultation The proposal was not required to be advertised for public consultation.
Page 4
Consultation with other Agencies or Consultants During mediation proceedings, MRWA identified three outstanding items required to be provided to allow further consideration of the application in the context of the refusal reasons. The three items are as follows:
Modelling which underpins the revised access plan, prepared on the basis of ‘line path’ rather than ‘arc path’.
Preparation of a fuel delivery plan to accompany the amended development application, specifying arrangements which will be made with fuel distributors and contractors to comply with the revised access plan, details of delivery vehicle etc.
Details of easements intended to facilitate access over Lot 1 for semi-trailers entering the convenience store from Albany Highway, and facilitating access from Lot 1 to Sampson Street across Lot 102.
The above items were provided and referred to Main Roads Western Australia in conjunction with the amended application and supporting documentation for consideration. In response, MRWA has reiterated its objection to the application. This RAR will address the comments provided by MRWA. Planning Assessment: Metropolitan Region Scheme The majority of the application area is zoned Urban under the MRS, however, the portion of the land fronting Albany Highway and part of Sampson Street is affected by the Albany Highway Primary Regional Road reservation (Attachment 2 – Zoning Plan). The reservation is intended to allow for the future widening of Albany Highway to a six (6) lane carriageway. The application proposes to site only landscaping within the reservation, with all buildings, structures and hardstand located within the Urban zoned land. Accordingly, the proposal does not prejudice the future use of the Albany Highway Primary Regional Road reservation for its intended purpose. Clause 30 of the MRS requires the WAPC to have regard to the following factors when determining a development application:
(i) the purpose for which the land is zoned or reserved under the MRS; (ii) the orderly and proper planning of the locality; and (iii) the preservation of the amenities of the locality. Further to the above comments regarding the Primary Regional Road reservation, the proposed development is consistent with the Urban zoning of the land under the MRS. The proposal will not prejudice the broader planning of the surrounding locality, as discussed later in this report, and is consistent with existing development in the immediate locality. Development Control Policy 5.1 - Regional Roads (Vehicular Access) (DC 5.1) WAPC DC 5.1 seeks to control access to regional roads for the purpose of improving traffic flow and safety, primarily by limiting the number of junctions or access from adjoining properties. The policy includes measures to prevent new access points where possible and to encourage the rationalisation of existing access arrangements.
Page 5
The proposal seeks to utilise an existing access point from the subject land to Albany Highway and gain secondary access from Sampson Street. The Albany Highway access point is also intended to be shared by an adjoining property, subject to access easements being provided. The proposal is consistent with the objectives of DC 5.1. Albany Highway Vehicle Access Strategy MRWA has undertaken a review, known as the Albany Highway Vehicle Access Strategy, of the length of Albany Highway between Austin Avenue and Gosnells Road West. The purpose of the strategy is to define a future road alignment, and subsequent land protection requirements for inclusion into the MRS, and to guide future vehicle access to Albany Highway. The strategy was adopted for use by the City at its Ordinary Council Meeting on 16 December 2016. The application area is located with the strategy area. A recommendation of the strategy is to reduce and/or eliminate direct access to and from Albany Highway and redirect access to side roads and rear laneways. Specific to the subject land, the strategy identifies that no vehicle access should be permitted to Albany Highway between Sampson Street and Kelvin Road (Attachment 3 - Albany Highway Vehicle Access Strategy). In considering the strategy for use, the City acknowledged that its implementation would occur over time as development takes place and agreements are reached between various parties to consolidate access. The timeframe for the widening of Albany Highway is uncertain, however, is anticipated to be a long-term project. It is anticipated that there will be future opportunities to implement the strategy as part of subsequent development applications for the land, once more tangible timeframes are known for the Albany Highway upgrade. MRWA Driveways Policy MRWA’s Driveway Policy provides detailed requirements for the safe use and location of driveway access to roads managed by MRWA. In the case of service stations, the policy specifically allows for corner lot locations to be provided with a driveway up to 11 metres wide accessing a State road and another accessing a minor/local road. Given the timing uncertainties of the upgrading of Albany Highway, the proposal seeks to utilise existing access arrangements and remains consistent with WAPC DC 5.1 and MRWA’s Driveways Policy, the proposal should be considered in the context of the ability of site to be accessed in a satisfactory manner. The areas of contention relate to the ability of fuel delivery vehicles to enter and egress the site safely. MRWA Comments The proposal is not supported by MRWA as it considers there to be several issues relating to the ability of heavy vehicles, specifically fuel tankers, to access the site in an appropriate manner. The issues have been summarised in the table below, with the City’s response.
Page 6
MRWA comments City of Gosnells Response
The submitted swept path drawings do not demonstrate how the site will work if Albany Highway is upgraded to six lanes and do not demonstrate the semi-trailer to be lane correct on egress movements. In the event that central line marking is provided on Sampson Street, the exiting semi-trailers will not be capable of complying with the Road Traffic Code 2000 (in that the truck will need to cross a dividing line).
In relation to the line making of Sampson Street, the City does not intend to install a dividing line on Sampson Street at this point in time. The City understands that 19m fuel tanker exiting the site onto Sampson Street will require the full width of the road pavement to make the movement. Given that Sampson Street is an Access Road and the infrequent need for that movement, that aspect of the proposal is considered acceptable.
The applicant has not provided a fuel delivery plan (specifying arrangements which will be made with fuel distributors and contractors to comply with the revised access plan, details of delivery vehicle configuration etc). The fuel delivery plan must consider the impacts of the future Albany Highway upgrade to six lanes with a solid median.
The applicant has provided an amended Traffic Assessment, including a Fuel Tanker Traffic Management Plan, which is considered generally acceptable.
The applicant has not provided details of easements intended to facilitate access over Lot 1 for semi-trailers entering the convenience store from Albany Highway, and facilitating access from Lot 1 to Sampson Street across Lot 2.
The concerns regarding easements and reciprocal rights of access can be resolved by conditions of planning approval.
In regard to the above advice from MRWA and the City, the additional information should be noted:
The Fuel Tanker Traffic Management Plan anticipates that fuel tankers will access the site approximately 2-3 times per week and during hours between 7:00pm and 7:00am.
The fuel tankers accessing the site will be 19 metre semi-trailers, which are General Access Vehicles, or ‘as of right’ vehicles.
The Applicant’s Traffic Impact Assessment notes that the intersection of Albany Highway and Sampson Street is proposed to be upgraded in the future to a 4-way signalised intersection.
The proposal has been reviewed by the Department of Planning, Lands and Heritage's Infrastructure and Land Use Coordination directorate, which is responsible for transport planning and assessment, in the context of the comments from MRWA and the City. The proposal and the accompanying supporting documents are considered suitable on transport planning grounds and demonstrate that the proposed development can accommodate vehicle movements in an appropriate manner. The Department accepts the recommendation of the City, subject to the modification of the Albany Highway/Sampson Street intersection for the purpose of facilitating lane correct swept path movements for fuel tankers entering Albany Highway from Sampson Street.
Page 7
Conclusion: The proposal is consistent with the WAPC's policies and state planning framework and is appropriate for approval under the MRS. It is recommended that the application be approved.
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