3.5 proposed industrial complex - industrial …

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Ordinary Meeting of Council 23 July 2008 Page 1 3.5 PROPOSED INDUSTRIAL COMPLEX - INDUSTRIAL AUCTIONEER, LIGHT ENGINEERING FABRICATION AND ROAD TRANSPORT OPERATIONS CENTRE - LOT 151 LAKES ROAD, HAZELMERE (Midland) (Development Services) KEY ISSUES Statewest Surveying and Planning on behalf of Hampton Transport Services Pty Ltd, Darmax Pty Ltd and Mr Robert Stephen De Mol have submitted an application for an industrial complex comprising an industrial auctioneer, light engineering fabrication facility and a road transport operations centre at Lot 151 Lakes Road, Hazelmere. The proposed development comprises three distinct and self contained operations within the site with a total of 6 buildings with aggregate floorspace area of approximately 9170m 2 . The land is zoned “Industrial” under the Metropolitan Region Scheme (MRS) and “Industrial Development” under the City’s Local Planning Scheme No.17 (LPS17). The Western Australian Planning Commission’s Resolution under Clause 32 of the MRS pertaining to the Hazelmere locality withdraws the City’s delegated authority to determine the application for the purposes of the MRS. Effectively the ultimate determination of the application lies with the WAPC, with Council, in accordance with its established process in these matters, making a recommendation only. The Scheme objectives applicable to this zone provide for the application for a Structure Plan to guide subdivision and development of the land. In assessing applications for development in advance of a structure plan for the zone, Clause 5A.1.4.2 stipulates that the local government must be satisfied that the development will not prejudice the specific purposes and requirements of the structure plan. City staff are of the view that the proposed development is not prejudicial to the specific purposes and requirements of a Structure Plan for the Hazelmere locality (insofar as these are outlined in the City’s Consultants Brief for the Structure Plan project). The proposal is compliant with relevant applicable development standards contained within the Scheme for industrial development (plot ratio, setbacks and landscaping). The development proposes a variation to the Scheme parking standards indicating a total provision of 167 bays where 255 is required. Given the size of the site it is considered reasonable that the applicant demonstrate on the site plan provision of a total of 228 bays (approx. 10% variation) and grant dispensation to construct only the 167 bays. Should parking become an issue in the future increased parking can be provided. The proposed development will be provided with water, power and telecommunications services with onsite disposal of effluent via ATU systems. Stormwater will be retained onsite and subject to an approved Stormwater

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Ordinary Meeting of Council 23 July 2008

Page 1

3.5 PROPOSED INDUSTRIAL COMPLEX - INDUSTRIAL AUCTIONEER, LIGHT ENGINEERING FABRICATION AND ROAD TRANSPORT OPERATIONS CENTRE - LOT 151 LAKES ROAD, HAZELMERE

(Midland) (Development Services)

KEY ISSUES

• Statewest Surveying and Planning on behalf of Hampton Transport Services Pty Ltd, Darmax Pty Ltd and Mr Robert Stephen De Mol have submitted an application for an industrial complex comprising an industrial auctioneer, light engineering fabrication facility and a road transport operations centre at Lot 151 Lakes Road, Hazelmere.

• The proposed development comprises three distinct and self contained operations within the site with a total of 6 buildings with aggregate floorspace area of approximately 9170m2.

• The land is zoned “Industrial” under the Metropolitan Region Scheme (MRS) and “Industrial Development” under the City’s Local Planning Scheme No.17 (LPS17). The Western Australian Planning Commission’s Resolution under Clause 32 of the MRS pertaining to the Hazelmere locality withdraws the City’s delegated authority to determine the application for the purposes of the MRS. Effectively the ultimate determination of the application lies with the WAPC, with Council, in accordance with its established process in these matters, making a recommendation only.

• The Scheme objectives applicable to this zone provide for the application for a Structure Plan to guide subdivision and development of the land. In assessing applications for development in advance of a structure plan for the zone, Clause 5A.1.4.2 stipulates that the local government must be satisfied that the development will not prejudice the specific purposes and requirements of the structure plan.

• City staff are of the view that the proposed development is not prejudicial to the specific purposes and requirements of a Structure Plan for the Hazelmere locality (insofar as these are outlined in the City’s Consultants Brief for the Structure Plan project).

• The proposal is compliant with relevant applicable development standards contained within the Scheme for industrial development (plot ratio, setbacks and landscaping). The development proposes a variation to the Scheme parking standards indicating a total provision of 167 bays where 255 is required. Given the size of the site it is considered reasonable that the applicant demonstrate on the site plan provision of a total of 228 bays (approx. 10% variation) and grant dispensation to construct only the 167 bays. Should parking become an issue in the future increased parking can be provided.

• The proposed development will be provided with water, power and telecommunications services with onsite disposal of effluent via ATU systems. Stormwater will be retained onsite and subject to an approved Stormwater

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Management Plan.

• It is recommended the Applicant be required, as a condition of any development approval, to contribute to the necessary upgrading of Lakes Road and the intersection of Lake and Stirling to satisfactorily accommodate the type of vehicle traffic generated by this development.

It is noted that there are some inadequacies with the submitted individual floor plans and elevations. It is recommended that Council request a further (larger) set of plans be submitted to the Principal Planner’s satisfaction and that subject to this occurring, Council delegate to the Principal Planner authority to recommend to the WAPC that the application be approved subject to the conditions outlined in the report.

AUTHORITY/DISCRETION

Council has discretion under Clause 5A.1.4.2 of Local Planning Scheme No.17 to approve development of land in advance of a Structure Plan and therein may determine the application in accordance with Clause 10.3 of the Scheme.

BACKGROUND

Applicant: Statewest Surveying & Planning Owner: Mr Robert Steven De Mol, Hampton Transport Services

Pty Ltd and Darmax Pty Ltd Zoning: TPS - Industrial Development MRS - Industrial Strategy/Policy: NA Development Scheme: NA Existing Land Use: Vacant Lot Size: 8.1597 hectares Area: Total Building area = approx. 9171m2 Use Class: General Industrial/Transport Depot/Showroom/ Use

Not Listed (permissibility of uses subject top structure plan)

DETAILS OF THE PROPOSAL

The application proposes three separate developments within the subject lot to provide for three separate operations – Action Mining, Smith Broughton and Hampton Transport.

The development comprises respectively:

Action Mining

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The Action Mining portion of the lot will comprise a 1400m2 (approx.) workshop building with an attached 350m2 office, hardstand storage area for vehicles, plant and equipment and 34 parking bays.

Anticipated 40 employees onsite.

Smith Broughton

The Smith Broughton portion of the lot will comprise a 2100m2 (approx.) building containing an office, auction theatre and storage area with a second 1400m2 warehouse building, hardstand storage area for vehicles, plant and equipment and 90 parking bays.

It is anticipated there will be 15 permanent and 30 part-time employees onsite.

Hampton Transport

The Hampton Transport portion of the lot will comprise an 1855m2 freight warehouse building, a separate 360m2 office building, hardstand area for truck parking and manouevring and 43 parking bays.

Anticipated 30 employees onsite.

Access to the three sperate portions of the lot is facilitated by an 8 metre wide (approx.) internal access road which has already been constructed.

Perimeter and internal landscaping is proposed with drainage sumps for onsite stormwater detention to be incorporated into these areas.

DESCRIPTION OF SITE

Lot 151 is an irregularly configured lot of approximately 8.1 hectares in areas, situated at the eastern end of Lakes Road, abutting the Great Eastern Highway Bypass in Hazelmere. The lot is relatively flat and has been substantially cleared (approximately half of the lot) in the period since lodgement of the application in June of last year. It is now predominantly vacant with the exception of a significant number of containers along its western boundary.

The 8 metre wide internal access road as proposed under this application has been constructed.

SITE HISTORY/PREVIOUS APPROVALS

No Planning or Building approvals relating to the site are on record.

APPLICANT'S SUBMISSION

The Applicant has submitted the following information is support of their application:

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• The proposed purpose is consistent with existing development in the Hazelmere Industrial Precinct and accords with the Metropolitan Region Scheme, the City of Swan Planning Scheme No.9 and the WA State Government planning policy for the region as enunciated in the Kewdale-Hazelmere Integrated Master Plan.

• The development will deliver significant economic benefits to the region by way of:

- employment generation;

- new apprenticeship training opportunities;

- increased local procurement of goods and services;

- lifting the profile of the City of Swan through sales into interstate and overseas markets.

• All services to the site will be funded by the JV parties, with no cost borne by the City of Swan (waste water, sewerage, power, telecommunications, street lighting and access road).

• The premises will operate core hours of Monday to Friday 0700-1800 hours and Saturday 0700-1200 hours. There will be isolated trucks and light vehicles leaving or arriving outside the core hours however these will be restricted to less that 5 per night. Loading/unloading will not be undertaken at night.

• There will be a minimal increase in traffic volume on local City of Swan roads (Bushmead, Military Road and Stirling Crescent north of Lakes Road).

• There will be no change in peak flow rates for the Great Eastern Highway Bypass or Roe Highway and only modest increases in overall traffic volumes.

• The nearest residential housing to the west is around the Rosehill Country Club approximately 3km away; to the north Bellevue is the nearest residential area approximately 5km away; Helena Vale is the closest residential area to the east and to the south the nearest residences are in High Wycombe along Adelaide Street approximately 3 km away.

• There will be 85 permanent staff and 30 part time staff on the site. A further 40 Hampton truck drivers will home base at the Operations Centre. Of the permanent staff 40 will be Action Mining employees, 30 will be Hampton employees and 15 will be Smith Broughton employees. All the part time staff will be employed by Smith Broughton.

• The subject site is 8.16 ha and is cleared and relatively flat. It does not support any buildings and there are no known aboriginal cultural sites or past or present buildings on the site having heritage listing. It is not within a prescribed Groundwater Protection Area.

• There will be no discernable odour emanating from the site.

• Herring Storer (Acoustic Engineers) in their report commissioned by the Agent concluded:

- “Monitoring of the current acoustic environment at lot 151 show an average noise level of 6dB(a) for day time periods (6am to 6pm) with the main

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influence being traffic noise on the Great Eastern Highway Bypass and Roe highway. Modelling of the proposed freight terminal shows that there will be no impact on noise levels at the closest sensitive points. Noise emissions from the proposed development of a freight terminal at the site would comply with the requirements of the Environmental Protection (Noise) Regulations 1997 at the closest noise sensitive premises.”

• Effective environmental management of the subject site will be through Environmental Management Plans approved by the City of Swan.

• Stormwater runoff from the premises and the Access Road will be held in compensation basins prior to being progressively released into leach drains and absorbed into the Bassendean sands.

• Indigenous species will be employed to landscape the site to the required 10% with an emphasis on the southern boundary, the compensating basins (for nutrient stripping) and the road verge along the access.

PUBLIC CONSULTATION

This application, which was lodged when the City’s previous Town Planning Scheme No.9 was in effect, was advertised for public comment in accordance with the mandatory advertising procedures applicable to “SA” uses under that Scheme.

Four submissions of non-objection were received.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The application was referred to the Department for Planning and Infrastructure. Whilst no comment has been received from this agency, the subsequent Clause 32 Resolution issued by the WAPC in relation to the Hazelmere locality means the ultimate determination of the application now resides with the Commission.

REPORT

Zoning and Permissibility of Use

The subject lot is zoned “Industrial” under the Metropolitan Region Scheme and “Industrial Development” under the City’s Local Planning Scheme No.17. The nature of the proposed development, with respect to the specific uses of each of the three operations proposed for the lot, can be categorised variously as “Warehouse”, “General Industrial”, “Transport Depot” and in the case of the auction theatre component of the Smith Broughton facility as either “Showroom’ or a Use Not Listed, as defined within the Scheme. The Scheme Zoning Table does not specify the permissibility of any use for the “Industrial Development” zone, these being determined within the context of a structure plan, intended to guide development and subdivision of land within this zone.

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Clause 5A.1.4.2 of the Scheme allows for Council to approve development of land prior to a Structure Plan coming into effect for that land if Council is of the view that the proposed development will not prejudice the specific purposes and requirements of such a plan. These matters will be discussed further in the report.

Development Standards

Submitted Plans

The individual floor plans and elevations of the proposed buildings for each of the three operators have been provided in a scanned A4 size format as appendices to the Applicants submitted report prepared by Hampton Transport Services Version 9.1 June 2007. These are unclear in their dimensions and will need to be submitted by the Applicant in a larger format (minimum A3 format) to verify their consistency with the Site Plan (Drawing C01) prepared by Hindley and Associates and 8 May 2007 (attached in this report).

Accordingly should the Council wish to recommend to the WAPC approval of the application it is recommended that it delegate to the Principal Planner authority to make such a recommendation subject to the provision of larger scale versions of the necessary floor plans and elevations that are compliant with the attached site plan.

Setbacks

No setbacks are specified within the Scheme for the ‘Industrial Development” zone however the proposed development is compliant with setbacks applicable to the “General Industrial” zone, with the minimum front setback being 37 meters from the front boundary to the Action Mining workshop building and the minimum rear setback being 6 metres from the Hampton Transport freight warehouse building to the rear boundary which abuts the Great Eastern Highway Bypass reserve.

Plot Ratio

No plot ratio is specified for the “Industrial Development” zone however a maximum ratio of 0.6:1 is specified for the “General Industrial” zone. The proposed development has a plot ratio of 0.11:1 and is in compliant.

Car Parking

Assessment of Scheme car parking requirements and provision for each proposed operation is as follows:

Action Mining

The Scheme parking standards for general industrial use and office use (3 spaces per 100m2 of GLA and 4 spaces per 100m2 of GLA respectively) require provision of 56 bays. The applicant has indicated provision of 34 bays – a shortfall of 22 bays (40%).

It is noted that there is sufficient area in the location where the customer parking is proposed to accommodate a further 16 bays (which would bring the parking up to 50 bays – a relatively minor 10% shortfall). It is considered reasonable to impose this as a parking requirement but grant dispensation for the proposed operator to construct only 34 bays at the present time.

Smith Broughton

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The Scheme parking standards for showroom and warehouse uses (4 spaces per 100m2 of display and sales area and 2 spaces per 100m2 of GLA respectively) require provision of 112 bays. The applicant has indicated provision of 90 bays - a shortfall of 22 bays (19%).

Requesting provision of a further 10 bays (which would bring the parking up to 100 bays – a relatively minor 10% shortfall) is considered reasonable and possible, with dispensation granted for the proposed operator to construct only 90 bays at the present time.

Hampton Transport

The Scheme parking standards for general industrial, warehouse and office uses (3 spaces per 100m2 of GLA, 2 spaces per 100m2 of GLA and 4 spaces per 100m2 of GLA respectively) require provision of 87 bays. The applicant has indicated provision of 43 bays - a shortfall of 44 bays (50%).

Requesting provision of a further 35 bays (which would bring the parking up to 78 bays – a relatively minor 10% shortfall) is considered reasonable and possible, with dispensation granted for the proposed operator to construct only 43 bays at the present time.

The applicant will need to submit an amended site plan that achieve the additional parking and delineates the areas proposed to be bitumen sealed and those proposed to be unsealed compacted limestone.

Landscaping

Scheme standards for industrial zones specify provision of 10% site landscaping with a minimum width of 3 metres adjoining all street boundaries.

The applicant has indicated provision of the required 10% landscaped area with the widths of the landscaped area, both along the lot perimeter and internally, ranging from 6 metres to 12 metres.

Drainage and Effluent Disposal

The applicant has submitted details indicating the proposed onsite drainage for each of the three areas to be developed by the respective operators. Prior to the City approving their stormwater disposal design the applicant will need to indicate the 100 year flow path from the designated basins and provide details of the drainage of the internal access road. Provision of this information as part of an expanded Stormwater Management Plan shall be recommended as a condition of any approval to be issued by the WAPC.

The Applicant has indicated that effluent disposal will be through Aerobic Treatment Units. These are considered sufficient to service the proposed development.

Traffic, Access and Road upgrading

The City’s Operational Services section has advised that the intersection of Stirling Crescent and Lakes Road and Lakes Road through to the Lot entrance will need to be upgraded in order to accommodate the estimated volumes and type of vehicle traffic that will be generated collectively by the proposed development. A contribution

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towards the necessary upgrading will be recommended as a condition of any development approval.

Services

The development will be connected to water, power and telecommunications services and all costs connected with this will be borne by the Applicant.

Acid Sulphate Soils

The Applicant’s report makes no mention of investigation of Potential Acid Sulphate Soils. It is recommended that as a condition of any approval the applicant be required to prepare an Acid Sulphate Soil Management Plan to address any potential acid sulphate soils during site earthworks.

The Kewdale Hazelmere Integrated Master Plan and Structure Planning

The City, in conjunction with the DPI, have commenced a project to prepare and adopt a Structure Plan for the Hazelmere locality commensurate with the recommendations of the KHIM report. To date the City has appointed a consultant to undertake the necessary investigations and consultation to prepare a plan.

The fundamental question before the City is whether an approval of this application would be prejudicial to the specific purposes and requirements of the structure plan. In assessing this question the Consultants Brief prepared by the City provides some guidance as to what these purposes and requirements should be, outlining the issues pertinent to the Hazelmere Central precinct within which the subject lot is located. The brief included issues identified as recommendations from the adopted KHIM Report and the objectives of the City’s Town Planning Scheme 15 (which was not adopted for final approval by the City). These are included here in summary as:

• Retention of the WAMIA (the subject lot) in government ownership;

• Facilitation of the planning, design and reservation of the Lloyd Street extension;

• Investigation of the Midland Freight rail realignment;

• Facilitation of subdivision and development of the locality for industrial purposes;

• Provision of appropriate buffers and land use transition to adjoining residential areas; and

• Suitable provision of road, drainage, water, sewerage and traffic control infrastructure.

Clearly the objectives relating to the former WAMIA land are not relevant in consideration of this application. The subject lot is well removed from the Lloyd Street extension and from the recommended realignment of the freight rail line indicated in the KHIM Report. On the best available information presently available it is reasonable to conclude that the subject application is not prejudicial to these objectives.

In relation to the development of Hazelmere for industrial purposes it is a fact that, in the period during which the KHIM report has been drafted, advertised and published in final form in August of 2006, the development of Hazelmere for industrial purposes has continued incrementally. In fact, ever since its decision not to finally adopt

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Scheme 15, the City has pursued a course to consider, on their individual merits, applications for development in the Industrial zoned portion of Hazelmere subject to these being “dry industries” not generating industrial waste and being able to accommodate stormwater drainage onsite. Many such applications have to date been approved with development established.

By comparison with applications for development, it appears that applications for subdivision of industrial zoned land in Hazelmere have not been as prevalent, perhaps due to the suitability and appeal of the existing lot sizes in the locality and the position of the City and WAPC not to support subdivision in advance of a structure plan.

The range of land uses proposed to operate from the site are considered suitable, these being uses that are permissible within the range of other commercial/industrial zones indicated in the Zoning Table. As is clearly evident from an inspection of the area, depot type facilities for large scale vehicles, plant and mining equipment are common in the area.

Considerations of buffers and transition/gradation of land uses are less applicable to the subject site given it does not abut any existing residential zoned areas. Notwithstanding, the Great Eastern Highway Bypass constitutes a significant existing buffer in itself.

With respect to matters of road, drainage, water, sewer and traffic control infrastructure, it is accepted that the proposed development will be self sufficient in terms of onsite drainage and effluent disposal. It has been noted however that some road and intersection upgrading of Lakes Road will be required to facilitate the vehicle types operating to and from the site. It has been noted in this report that a contribution to the necessary upgrading is recommended as a condition of any approval.

It is acknowledged that any approval to the subject application in advance of a structure plan does pre-empt the opportunity to impose through the development application process contributions to the cost of any infrastructure provision. However it is also noted that alternative mechanisms for the implementation of any cost recovery may be considered by the Structure Plan and the practicality of such options would presumably have regard to the extent of existing development within the precinct.

On the basis of the above considerations it is the view of City staff that the proposed development is not significantly prejudicial to the purposes and requirements of a Structure Plan for the Hazelmere Industrial area and accordingly can be conditionally approved.

OPTIONS AND IMPLICATIONS

Option1:

Council may resolve to recommend to the WAPC that the application be refused on the basis that it is prejudicial to the purposes and requirements of a Structure Plan for the Hazelmere Industrial Area, specifically:

• A programme and cost schedule detailing contributions of landowners for the provision of any upgrading of the road and drainage networks in the locality; and

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• The determination of precinct zonings and permissibility of land uses and whether the range of uses proposed are suitable for this lot.

This is not the recommended option.

Implications:

By virtue of its Clause 32 Resolution with respect to Hazelmere, the WAPC will make the ultimate determination of this application.

Option 2:

Council may resolve to recommend to the WAPC that the application for Industrial complex comprising an industrial auctioneer, light engineering fabrication and road transport operations centre at Lot 151 Lakes Road, Hazelmere be approved subject to a list of specific conditions outlined in the Staff Recommendation below.

This is the recommended option.

Implications:

Any approval of this proposal within the Industrial Development zone will effectively establish the precedent for other development applications to be considered in advance of a Structure Plan.

CONCLUSION

Statewest Surveying and Planning on behalf of Hampton Transport Services Pty Ltd, Darmax Pty Ltd and Mr Robert Stephen De Mol have submitted an application for an industrial complex comprising an industrial auctioneer, light engineering fabrication facility and a road transport operations centre at Lot 151 Lakes Road, Hazelmere. The proposed development comprises three distinct and self contained operations within the site with a total of 6 buildings with aggregate floorspace area of approximately 9170m2.

The land is zoned “Industrial” under the Metropolitan Region Scheme (MRS) and “Industrial Development” under the City’s Local Planning Scheme No.17 (LPS17). The Western Australian Planning Commission’s Resolution under Clause 32 of the MRS pertaining to the Hazelmere locality withdraws the City’s delegated authority to determine the application for the purposes of the MRS. Effectively the ultimate determination of the application lies with the WAPC, with Council, in accordance with its established process in these matters, making a recommendation only.

The Scheme objectives applicable to this zone provide for the application for a Structure Plan to guide subdivision and development of the land. In assessing applications for development in advance of a structure plan for the zone, Clause 5A.1.4.2 stipulates that the local government must be satisfied that the development will not prejudice the specific purposes and requirements of the structure plan.

City staff are of the view that the proposed development is not prejudicial to the specific purposes and requirements of a Structure Plan for the Hazelmere locality (in so far as these are outlined in the City’s Consultants Brief for the Structure Plan project).

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The proposal is compliant with relevant applicable development standards contained within the Scheme for industrial development (plot ratio, setbacks and landscaping). The development proposes a variation to the Scheme parking standards indicating a total provision of 167 bays where 255 is required. Given the size of the site it is considered reasonable that the applicant demonstrate on the site plan provision of a total of 228 bays (approx. 10% variation) and grant dispensation to construct only the 167 bays. Should parking become an issue in the future increased parking can be provided.

The proposed development will be provided with water, power and telecommunications services with onsite disposal of effluent via ATU systems. Stormwater will be retained onsite and subject to an approved Stormwater Management Plan.

It is recommended the Applicant be required, as a condition of any development approval, to contribute to the necessary upgrading of Lakes Road and the intersection of Lake and Stirling to satisfactorily accommodate the type of vehicle traffic generated by this development.

It is noted there are some inadequacies with the submitted individual floor plans and elevations. It is recommended that Council request a further (larger) set of plans be submitted to the Principal Planner’s satisfaction and that subject to this occurring, Council delegate to the Principal Planner authority to recommended to the WAPC the application be approved subject to the conditions outlined in the report.

ATTACHMENTS

• Location Plan

• Site Plan

• Floor plans and Elevations

STRATEGIC IMPLICATIONS

See comment in main body of report.

STATUTORY ENVIRONMENT

City of Swan Local Planning Scheme No.17

Metropolitan Region Scheme

FINANCIAL IMPLICATIONS

Financial implications with respect to infrastructure provision under a Structure Plan are discussed in the main body of the report.

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RECOMMENDATION

That the Council resolve to:

1) Delegate to the Principal Planner authority to recommend to the Western Australian Planning Commission that the proposed industrial complex comprising an industrial auctioneer, light engineering fabrication and road transport operations centre at Lot 151 Lakes Road, Hazelmere be approved subject to receipt of individual floor plans and elevations at A3 size compliant with the dimensions of the buildings depicted on the Site Plan included in this report, subject to the following conditions:

1) The Action Mining component of the Lot is approved for “Transport Depot” and “Industry: General” as defined in the City of Swan Local Planning Scheme No.17 and may not be used for any other use without the prior approval of the City.

2) The Smith Broughton component of the Lot is approved for “Showroom” and “Warehouse” as defined in the City of Swan Local Planning Scheme No.17 and may not be used for any other use without the prior approval of the City.

3) The Hampton Transport component of the Lot is approved for “Transport Depot” as defined in the City of Swan Local Planning Scheme No.17 and may not be used for any other use without the prior approval of the City.

4) Use of any of the buildings for purpose approved shall not commence until a Certificate of Classification is issued under Regulation 20 of the Building Regulations 1989.

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

6) Potential unsightly areas (eg storage yards) must be screened from view from any public street and/or surrounding development by existing and or proposed newly planted vegetation as approved by the City.

7) Prior to any site works commencing the applicant must prepare and submit an Acid Sulphate Soil Management Plan.

8) The development must be provided with a reticulated water supply.

9) Car parking bays and areas designated for landscaping, shall not be used for the storage, display or selling of any goods or vehicles whatsoever.

10) The applicant shall submit a site plan that indicates provision of a total of 228 parking bays, comprising 50 bays for the Action Mining component of the Lot, 100 bays for the Smith Broughton component of the Lot and 78 bays for the Hampton Transport component of the Lot.

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11) A total of 167 parking bays shall be constructed within the development, comprising 34 bays for the Action Mining component of the Lot, 90 bays for the Smith Broughton component of the Lot and 43 bays for the Hampton Transport component of the Lot, each measuring 5.5 x 2.5 metres, clearly marked on the ground and served by a 6 metre paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5 metres is required. Disabled bays to measure 5.5 x 3.5m; bays near obstructions to measure 5.5 x 2.8m.

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

13) 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.

14) The Applicant is to make a contribution of $30,000 plus GST for the upgrade of the Stirling Crescent and Lakes Road intersection and the extent of Lakes Road from this intersection to the subject lot in order to accommodate the scale and type of vehicle traffic generated by the approved development.

15) All earthworks and/or associated drainage details shall be in accordance with plans and specifications approved by the Chief Executive Officer.

16) Prior to the issue of a Building Licence, the Applicant shall submit a

Stormwater Management Plan for the approval of the City that indicates the 1/100 year overflow path from the proposed drainage basins and the proposed drainage of the constructed internal access road.

17) All stormwater produced on the site shall be disposed of into the City’s

drainage system via an internal system approved by the Chief Executive Officer.

18) No fluid, other than uncontaminated stormwater is to enter any

stormwater drain without prior approval from the City and the Environmental Protection Authority.

19) Where petrol, benzene or other inflammable or explosive substances or

grease, oil or greasy/oily matter is likely to be discharged, a sealed wash-down area connected to a plate separator or other approved device must be installed and connected to sewer, subject to Water Corporation approval. Where premises are not connected to the reticulated sewer system, the system installed must be approved by the City and other relevant agencies. Wastewater is not to be utilised in wash down facilities.

20) A site management plan must be submitted and approved by the City

prior to any works commencing on the site. The site management plan is to address the following concerns: noise from carrying out work and from plant and trucks; hours of operation; light; dust; protection of existing roads, paths, services; site security; drainage; vibration

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management; fill; excavation and traffic management that relates to any works to take place on the site.

21) Prior to the issue of a building licence, a landscape plan must be

submitted to the City of Swan for approval. For the purpose of these conditions a detailed landscape plan shall be drawn to a scale of 1:100. Guidelines are available from the City of Swan.

22) At the time of planting, all shrubs are to be no less than 0.6 metres in height unless otherwise agreed to by the City of Swan. Trees shall have a minimum container size of 13 litres.

23) The applicant shall submit detailed plans and specifications including the site feature survey of a licensed surveyor, levels (proposed), earthworks, drainage, crossovers, access ways, hardstands, carports, parking bays, loading bays, lighting, existing easements, pavement details, proposed service connections and compound and refuse/bulk bin areas. Such plans and specifications should be submitted with the building licence application and be in accordance with the City of Swan Property Development Design Guidelines and its relevant specifications.

24) 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.

25) An approved effluent disposal system must be installed prior to the

occupation of any building the subject of this approval. 26) The applicant/owner shall obtain approval from the Department of

Industry and Resources for the storage of Chemical/dangerous goods in accordance with the Dangerous Goods Regulations. For further advice contact the Duty Inspector of the Explosives and Dangerous Goods Division on 9222 3333.

For goods stored underground within an Underground Water Pollution Control Area, subject to approval from the Water and Rivers Commission (Ph: 9278 0300).

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

28) The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.

29) All construction works within the road reserve including crossovers, drainage infrastructure, service adjustment, landscaping and footpath placement or reinstatement, must be built and maintained in accordance with the City's specifications. Failure to do so may result in

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these works being removed and reinstated by the City at the applicant's expense.

30) At occupancy, the owner is responsible for the maintenance of the crossover, landscaping and reticulation in the verge.

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

32) No street tree on the verge is to be removed or relocated, subject to the City approving removal or relocation. The cost of removal is to be paid prior to the issue of a Building Licence.

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

34) The applicant to enter into a legal agreement with the City to indemnify the City, its officers and agents against any liability incurred in the conduct of waste disposal operation.

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

CARRIED