Proposed Hall Building for the Use of Community Purpose ... · Kathina Festival. ... Cambodian band which plays traditional instruments and singing. ... letter of no objection and

Ordinary Meeting of Council 13 April 2016

3.5 PROPOSED HALL BUILDING FOR THE USE OF COMMUNITY PURPOSE AND PLACE OF WORSHIP - LOT 42 COAST ROAD, BENNETT SPRINGS (DA558-15)

Ward: (Altone Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

Cr Bailey disclosed a financial interest in Item 3.5 of Part B – Proposed Hall Building for the Use of Community Purpose and Place of Worship - Lot 42 Coast Road, Bennett Springs by virtue of the applicant being a client of his business.

Cr Bailey left the Chamber at 6.50pm and did not speak or otherwise participate in the decision making process.

KEY ISSUES

• The application seeks planning approval for the development of a 735m2 Community Hall and 25 new parking bays for the Cambodian Welfare and Cultural Club.

• The Cambodian Community has previously sought and gained approval for the development of a hall on this site on two previous occasions; both approvals have since expired as the community has had insufficient funds to progress the works.

• The subject lot is zoned ‘Urban’ under the Metropolitan Region Scheme (MRS) and ‘General Rural’ under the City’s Local Planning Scheme No.17 (LPS17). The site is the subject of a current Scheme Amendment No.139 for the area which proposes to align the zoning with the MRS by rezoning the area to ‘Residential Development’.

• The development falls within the land use definition of a ‘Place of Worship’ and ‘Community Purpose’; both uses are ‘D’ discretionary in the General Rural zone. The proposed land use is considered consistent with the General Rural zone objectives and those outlined for the future Residential Development zone.

• The application was advertised for 30 days to landowners within 200m of the subject site. Three submissions were received, 1 letter of no objection and 2 letters objecting to the proposal. The 2 objections raised concern with the proposed height of the dome structures on the roof of the building which were considered inconsistent with the surrounding amenity, and potential for noise as a result of increased events.

• The Cambodian Community proposes to construct the hall to host cultural events during the year. These events are currently constrained by the weather as they are held outside and often result in increased noise. The hall will provide a location for events and help to reduce potential noise impacts, noting that this will not negate the need to comply with the Noise Regulations.

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• The development includes 3 dome structures on the roof, which are for decorative purposes only and hold cultural significance. The building is sufficiently set back reducing potential impact on surrounding landowners. The site is screened on the northern boundary by existing mature vegetation beyond which is located Western Power transmission towers that are far more prominent in the landscape. The structures are considered consistent with the context of the site.

It is recommended that the Council resolve to grant approval for the proposed Community Hall building for use as a Place of Worship / Community Facility at Lot 42 Coast Road, Bennett Springs subject to conditions.

AUTHORITY/DISCRETION

The Council may approve (with or without conditions) or refuse to approve the proposed development. If the applicant is aggrieved with the decision of the Council a right of appeal may exist in accordance with Part 5 of the Planning and Development Act 2005.

BACKGROUND

Applicant: Vespoli Constructions Owner: Cambodian Welfare and Cultural Centre of WA Inc.

(Registered Charity - Not for Profit) Zoning: LPS17 - General Rural MRS - Urban Development Scheme: Local Planning Scheme No.17 Existing Land Use: Place of Worship Lot Size: 2.8ha Use Class: Place of Worship/ Community Purpose ‘D’

DETAILS OF THE PROPOSAL

The application seeks planning approval to construct a new building for the use as a Community Hall:

• The development comprises a new building with an area of 735m2 with verandah, that will include a hall, four office spaces, kitchen and toilets;

• The exterior of the building will incorporate three dome mouldings that will be affixed to the roof;

• Installation of 25 new car parking bays;

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DESCRIPTION OF SITE

The subject lot is situated approximately 400m west of Lord Street on Coast Road and approximately 400m north of Reid Highway in West Swan – refer Attachment 1, Location Plan. The subject property currently contains a monk’s residence and a shed. The subject land is relatively flat with a slight ridge through the middle of the property sloping down into the southern corners of the property. There is evidence that filling has occurred, particularly at the front of the property between the residence and Coast Road.

The surrounding properties are predominantly vacant with the lots to the east and one opposite containing single dwellings.

This area is currently subject of a Scheme Amendment to rezone to Residential Development consistent with an MRS amendment which rezones the land to Urban.

SITE HISTORY/PREVIOUS APPROVALS

22 September 2004 (Item 3.8) - Council granted approval to an application for a hall, kitchen and caretaker's dwelling. This development never proceeded.

25 May 2005 (Item 3.4) - Council considered a request by the applicant to reconsider a condition of the above approval regarding the upgrading of Coast Road. Council resolved to not delete the condition, but downgrade the level of upgrading required.

14 October 2009 – Council resolved to grant approval to an application for a hall, kitchen and caretaker's dwelling. This development never proceeded.

APPLICANT'S SUBMISSION

There are three major cultural festivals that are celebrated every year that would draw a large number of people: Cambodian New Year, Ochum Ben (Ancestors Day) and the Kathina Festival.

• The Cambodian New Year is celebrated in April each year and is held over a 3 day period. It involves 300-400 members of the community coming together and participating in numerous activities which include Buddhist chanting and blessing for the New Year, offerings to the Buddhist Monks, the sharing of meals and participation in traditional games. The evening events generally involve performances by the traditional dancing group called Cambodian Rose and the Cambodian band which plays traditional instruments and singing.

• Pchum Ben or Ancestor Day is another major festival held in late September/early October to celebrate and acknowledge our Ancestors. This is also held over a 3 day period and includes Buddhist chanting and teaching, the making of offerings to the Monks and our ancestors. Our dance group and cultural musicians will also perform their roles at this event.

• The Kathina Festival is a major observance for Cambodian Buddhism. It is held after the Ancestor day in late October or early November. It is a time for laypeople to offer clothes for robes and many other necessities to Buddhist Monks. Also, there will be cultural dance and music for the public to enjoy.

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• There are numerous smaller events such as birthday blessing, wedding blessing, funeral service, 7th Day Wake, 100th Day anniversary and 1 Year anniversary to remember those that has passed away. The community also comes together to celebrate Australia day, Harmony day and Christmas Days.

• At present all festivals are held outdoors which poses several issues and may result in noise complaints. To resolve issues and enable the community to enjoy the festivals during all weather conditions it is proposed to construct the hall which would assist in reducing potential for noise pollution.

PUBLIC CONSULTATION

The application was advertised for 30 days to surrounding landowners within 200m of the subject lot. At the close of the advertising period 3 submissions were received, 1 letter of no objection and 2 letters objecting to the proposal.

The objections received raised concern with the following:

• advertised plans were unclear of the height for the proposed domes on the new building, these will be out of character with the existing amenity;

• potential noise as a result of increased number of events

The letter of no objection was received from Mirvac Pty Ltd. This developer is currently in the processing of seeking a scheme amendment to rezone this and surrounding land to Residential Development consistent with a recent MRS amendment which lifted the urban deferred zoning. The comments received relate to potential impact on the subject land should development proceed on surrounding land. It will be the responsibility of Mirvac at development to tie into existing development, should a structure plan be approved there is no obligation for any landowner to participate as such; any modifications to roads or levels required by Mirvac will need to be sympathetic to existing development.

DETAILS

The Cambodian Community has previously sought approval for the development of a hall on this site on two previous occasions; both approvals have since expired as the Community has had insufficient funds to progress the works. The site is currently approved for the use of Place of Worship.

Current and Future Zoning and Land use Permissibility

The subject lot is zoned ‘Urban’ under the MRS and is currently ‘General Rural’ under the City’s LPS17. At its meeting of 23 March 2016, the City initiated an amendment (No.139) to LPS17 to rezone this lot and surrounding land to ‘Residential Development'.

The proposed hall is for the use of the Cambodian Community for the purposes of hosting religious and cultural events and will be used for education of youth community members on cultural dance and music. It will also be used by the Cambodian Community classical band/musicians and the dance group for practice.

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The proposed development is considered to comprise the following use classes:

Place of Worship means premises used for religious activities such as a church, chapel, mosque, synagogue or temple;

Community Purpose means the use of premises designed or adapted primarily for the provision of educational, social or recreational facilities or services by organisation involved in activities for community benefit;

Both these uses are ‘D’ (Discretionary) uses within the General Rural zone.

Under the proposed 'Residential Development' zoning the Scheme zoning table does not set out permissibility for land uses, instead stipulating that uses shall conform with an approved structure plan. A structure plan for the land has been lodged with the City but is yet to be formally accepted for the purposes of advertising. All the land within this structure plan is intended to be designated as 'Residential'. Both a 'Place of Worship' and a 'Community Purpose' use are 'D' uses within a Residential zone.

The Scheme objectives for the General Rural zone are to provide for land to be used for productive rural activities, to provide for a limited range of support services for a rural environment, to ensure that rural amenities are preserved and the environmental values are maintained.

Clearly the subject and surrounding land are not being used for productive rural purposes and it is difficult to argue that there is any discernible rural amenity to preserve. As such the proposed development is not considered to materially prejudice these objectives, irrelevant as they may be considering the required zoning change through Amendment 139.

It is more appropriate to consider the application against the objectives of the proposed Residential Development zone.

The Residential Development zone objectives are as follows:

(a) provide for the coordinated development of future residential areas through the application of a comprehensive plan to guide subdivision and development to be known as a “Structure Plan”;

A proposed structure plan has been submitted to the City. That plan has been prepared having regards to the intentions of the owners of the subject lot and their desire to operate this proposed development.

(b) provide for predominantly residential development, but including also a range of compatible services, consistent with the needs of an integrated neighbourhood, and planned so as to minimise adverse impacts on amenity;

The proposal could be considered as a service in a residential area that could provide for the needs of the local neighbourhood as well as the needs of Cambodians in the region. Consideration of the impact of the proposed development on future residential amenity will be addressed further below.

(c) avoid the development of land for any purposes or at a time when it is likely to compromise development elsewhere in the district or prejudice the future development of land in the Residential Development zone for more appropriate purposes;

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It is difficult to conclude whether approval of the proposed development will prevent the land from ever being subdivided for urban residential purposes as may be provided for under a future approved structure plan. In any event, subject to the proposed development not prejudicing future residential amenity, it is not considered to be an inappropriate use.

(d) take account of the need to protect the amenity and on-going use of adjacent property owners as well as to provide for the needs of future residents.

This objective to preserve amenity, as with this aspect of objective b) above are addressed as follows:

Noise

Both submissions received cited concern with potential noise impacts from the development, on the basis that the facility provides for events to be held year round no longer subject to weather constraints. At present all festivals are usually held 8am-1pm involving blessings and chanting, evening events involve dancing and singing until approximately 11:30pm which require an event permit from the City’s Health Department as these events are held outside. The proponent recognises the potential for noise complaints from their current setup and as such they seek to construct the proposed Hall so that events may be held indoors and mitigate potential impacts on surrounding landowners.

Any users of the hall will have to abide by the Environmental Protection (Noise) Regulations 1997 which generally means that the music/noise should not be clearly audible at any adjacent noise sensitive premises for prolonged periods at any time of the day or night. If the hall is suitably designed to attenuate noise, all the doors and windows are kept closed and all sound systems and activities are kept inside, it is considered that noise will be adequately contained.

The approval of the hall will not negate the need for the proponents to comply with the Environmental Protection (Noise) Regulations 1997 during public events. To mitigate potential complaints from existing and any future surrounding residents, it is recommended a condition of approval require the preparation of an acoustic report to demonstrate how the development will be designed to minimise effects of noise emissions.

Visual impact of building bulk

The proposed hall building will be constructed to a total height of 6.5m with the addition of three dome mouldings on the southern elevation. Two smaller domes will be placed on the sides of the roof with a total overall height to 9m and a larger dome will be in the middle of the building comprising a total height of 10m. For the most part the proposed building will be no taller than a two storey house and the impact of the taller dome additions are considered to be balanced by the setback of the building from lot boundaries and the fact that the visual landscape is already heavily influenced by the Western Power transmission lines to the north. The building is proposed to be setback 39m from the northern boundary and 79m/82m from the side boundaries.

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Parking

The City’s Vehicle Parking Standards prescribe parking for a Place of Worship being provided at a rate of 1 bay for every 4 persons the building is designed to accommodate. The site currently has 58 parking bays and the development proposes the addition of 25 parking bays resulting in a total of 83 parking bays. This has the potential to accommodate 332 persons based on the City’s Vehicle Parking standards. The applicant has stated their major events attract 300 persons, therefore it is considered that a sufficient number of car parking bays will be provided such that it would be most unlikely to generate future on-street parking problems for any surrounding residential environment.

Coast Road

Part of the two previous approvals for development of the site in the same manner contained a condition for the upgrading or a contribution towards the upgrading of Coast Road between the site and Lord Street. That section of the road is unsealed and the proposed development will see a significant increase in its use, which unsealed has the potential to generate dust nuisance.

The same condition for the upgrading of this portion of Coast Road (through provision of a base seal) should be applied here.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to grant conditional approval for the proposed building for a Place of Worship and Community Purpose on Lot 42 Coast Road, Bennett Springs.

Implications: The proponents will be able to hold events more regularly instead of being weather dependent and having events indoors will assist with reducing potential noise impacts.

This is the recommended option.

Option 2: Council may resolve to refuse the proposed Place of Worship and Community Purpose on Lot 42 Coast Road, Bennett Springs for the following reasons:

1. The proposal does not conform with the objectives of the General Rural zone in Local Planning Scheme No.17.

2. The proposal is inappropriate in this rural area due to the generation

of additional noise and traffic. 3. The proposal has the potential to prejudice the intent of the

Residential Development zone proposed for this land by Amendment No.139.

Implications: The applicant will have a right of appeal to the State Administrative

Tribunal within 28 days of this decision. This is not the recommended option.

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CONCLUSION

The applicant is essentially re-applying for a development that has previously been approved by Council, albeit with some minor differences. The land has recently been rezoned under the MRS and is currently included in an amendment to rezone the land to Residential Development under LPS17.

The application proposes to construct a hall for use by the Cambodian Community for cultural, religious and educational events. This hall will also be available for hire by the wider community if desired. The hall will allow existing outdoor events to be held indoors and seeks to reduce potential noise impacts for adjoining landowners.

The proposed land uses are considered consistent with the current General Rural zoning and will not prejudice any proposal for this land and surrounding land to be rezoned to Residential Development and developed for residential purposes.

ATTACHMENTS

Locality Plan

Site Plan

Floor Plan

Elevations

Amendment No.139 maps

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Local Planning Scheme No.17.

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority

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RECOMMENDATION

That the Council resolve to:

1) Recommend approval for the proposed Community Hall at Lot 42 Coast Road, Bennett Springs subject to the following conditions:

1. This approval is for Community Hall for the use as “Community Purpose” and “Place of Worship” as defined in the City’s Local Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City.

2. Use of the site for the purpose approved shall not commence until an Occupancy Permit is issued.

3. Provision must be made for access and facilities for use by people with disabilities in accordance with provisions of the Building Code of Australia and AS 1428.1.

4. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.

5. A total of 25 parking bays shall be provided as part of this development, each measuring 5.5 x 2.5 metres, clearly marked on the ground and served by a 6 metre wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5 metres is required. Disabled bays to comply with Australian Standard 2890.6.

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

7. Vehicle parking area, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.

8. All stormwater produced on the site shall be disposed of on the site to the satisfaction of the Chief Executive Officer.

9. Earthworks over the site and batters must be stabilised to prevent sand blowing, and appropriate measures must be implemented within the time and in the manner directed by the City in the event that sand is blown or drifts from the site.

10. Prior to any use of the approved development the applicant/owner is to upgrade Coast Road from the subject lot to the intersection with Lord Street through provision of a base seal, to the satisfaction of the City of Swan.

11. An acoustic report shall be submitted and shall demonstrate how the proposed development has been assessed and designed to comply with acoustic requirements for the purpose of minimising the effects of noise emissions.

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The report shall:

i) be prepared by an acoustic consultant with relevant qualifications and experience equivalent to those required for admission as a Member of the Australian Acoustical Society (to the satisfaction of the Authority);

ii) be lodged prior to the lodgement of a Building Permit; and

iii) be to the satisfaction of the City's Health Services, address all matters that are required to demonstrate that the acceptable noise criteria will be achieved including:

• the identification of all noise sources to be addressed, including functions, religious festivals, etc;

• determination of noise source levels and character;

• acoustic data to be in octave bands where noise sources are internal;

• the establishment of Assigned Levels for noise sensitive premises in the vicinity in accordance with the Environment Protection (Noise) Regulations 1997;

• a detailed description of the construction measures that are required to be included, or which have been included, in the proposed development to achieve the assigned noise levels at the nearest noise sensitive premises. Calculations shall be based on octave band noise source data and octave band sound reduction performance for construction elements;

• where there is likely to be external noise sources, a description of the measures that are required to be included, or which have been included, in the proposed development to comply with the Environmental Protection (Noise) Regulations 1997; and

• the provision of the following:

- date, time and results of measurements; - design noise levels used in assessment; - Assigned Levels determined for adjacent areas/noise sensitive

premises in the vicinity' and - Recommendation for construction and noise control.

12. All future activities and functions are to be conducted within the proposed hall building at all times.

13. All sound and audio systems are to be contained within the confines of the approved building during any function.

14. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

Advice Notes: Standard Advice Notes apply.

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

3) Advise those that lodged a submission of the Council's decision accordingly.

MOTION that the Council resolve to adopt the staff recommendation.

(Cr Lucas - Cr Färdig)

RESOLVED UNANIMOUSLY TO:

1) Recommend approval for the proposed Community Hall at Lot 42 Coast Road, Bennett Springs subject to the following conditions:

1. This approval is for Community Hall for the use as “Community Purpose” and “Place of Worship” as defined in the City’s Local Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City.

2. Use of the site for the purpose approved shall not commence until an Occupancy Permit is issued.

3. Provision must be made for access and facilities for use by people with disabilities in accordance with provisions of the Building Code of Australia and AS 1428.1.

4. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.

5. A total of 25 parking bays shall be provided as part of this development, each measuring 5.5 x 2.5 metres, clearly marked on the ground and served by a 6 metre wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5 metres is required. Disabled bays to comply with Australian Standard 2890.6.

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

7. Vehicle parking area, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.

8. All stormwater produced on the site shall be disposed of on the site to the satisfaction of the Chief Executive Officer.

9. Earthworks over the site and batters must be stabilised to prevent sand blowing, and appropriate measures must be implemented within the time and in the manner directed by the City in the event that sand is blown or drifts from the site.

10. Prior to any use of the approved development the applicant/owner is to upgrade Coast Road from the subject lot to the intersection with Lord Street through provision of a base seal, to the satisfaction of the City of Swan.

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11. An acoustic report shall be submitted and shall demonstrate how the proposed development has been assessed and designed to comply with acoustic requirements for the purpose of minimising the effects of noise emissions.

The report shall:

i) be prepared by an acoustic consultant with relevant qualifications and experience equivalent to those required for admission as a Member of the Australian Acoustical Society (to the satisfaction of the Authority);

ii) be lodged prior to the lodgement of a Building Permit; and

iii) be to the satisfaction of the City's Health Services, address all matters that are required to demonstrate that the acceptable noise criteria will be achieved including:

• the identification of all noise sources to be addressed, including functions, religious festivals, etc;

• determination of noise source levels and character;

• acoustic data to be in octave bands where noise sources are internal;

• the establishment of Assigned Levels for noise sensitive premises in the vicinity in accordance with the Environment Protection (Noise) Regulations 1997;

• a detailed description of the construction measures that are required to be included, or which have been included, in the proposed development to achieve the assigned noise levels at the nearest noise sensitive premises. Calculations shall be based on octave band noise source data and octave band sound reduction performance for construction elements;

• where there is likely to be external noise sources, a description of the measures that are required to be included, or which have been included, in the proposed development to comply with the Environmental Protection (Noise) Regulations 1997; and

• the provision of the following:

- date, time and results of measurements; - design noise levels used in assessment; - Assigned Levels determined for adjacent areas/noise sensitive

premises in the vicinity' and - Recommendation for construction and noise control.

12. All future activities and functions are to be conducted within the proposed hall building at all times.

13. All sound and audio systems are to be contained within the confines of the approved building during any function.

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14. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

Advice Notes: Standard Advice Notes apply.

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

3) Advise those that lodged a submission of the Council's decision accordingly.

Cr Bailey entered the Chamber at 6.51pm.

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Friday, 4 March 2016

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Documents

Proposed Hall Building for the Use of Community Purpose ... · Kathina Festival. ... Cambodian band which plays traditional instruments and singing. ... letter of no objection and