3.7 proposed service station signage upgrade - lots 7 …

Ordinary Meeting of Council 13 June 2012

3.7 PROPOSED SERVICE STATION SIGNAGE UPGRADE - LOTS 7 TO 10 (NO.22) JOHNSON STREET, GUILDFORD

Ward: (Guildford Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• An application was received to upgrade the signage and branding of Peak Service Station, corner of Johnson and Helena Street, Guildford.

• The subject land is zoned "Residential" under the City's Local Planning Scheme No.17 and has an Additional Use of "Service Station" as a "P" use.

• Development applications within the Heritage Conservation Precinct of Guildford are assessed against the City's Guildford Conservation Precinct Policy (POL-C-106) ('the Policy'), which guides conservation of the cultural significance of the locality and ensures new development is accommodated without adversely affecting the heritage character of the area.

• The proposal comprises of the replacement of "Peak" branding with "Gull" corporate colours, new canopy fascia signs, convenience store sign, pump lane indicators and replacement of the existing pylon sign with new corporate colours.

• The proposal was advertised and a number of comments were received, of particular note were concerns in relation to the proposals non-compliance with the Guildford Conservation Precinct Policy (which prohibits internally illuminated signs and pylon signs).

• Notwithstanding the non-compliance with the Guidelines, the proposal is a like for like replacement of signage previously approved by Council

• The application was referred to the City's Heritage Adviser, who recommended modifying the original proposal to make it more of a like for like replacement of the existing signage that has been previously approved by Council and which has existed onsite for 15 years.

• The applicant has agreed to all changes and has provided revised plans, therefore the application is considered acceptable for approval on that basis.

It is recommended that the Council approve the upgrade of service station signage at Lots 7-10 (No.22) Johnson Street, Guildford, subject to standard conditions.


AUTHORITY/DISCRETION

The Council may approve (with or without conditions) or refuse the application. If the owner(s) is aggrieved with the decision of Council a right of appeal may exist in accordance with Part 14 of the Planning and Development Act 2005.

BACKGROUND

Applicant: Mark Simmonds (Applicant: Signs and Lines) Owner: Brian Douglas Russell-Davison Zoning: TPS - Residential - with Additional Use Right of Service

Station 'P' MRS - Urban Strategy/Policy: Guildford Conservation Precinct Policy (POL-C-106) Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Service Station Lot Size: 1336m separated into four lots on a multi-title Use Class: Service Station

DETAILS OF THE PROPOSAL

The proposal comprises replacement of all signage and branding of the Peak Service Station site, with new Gull corporate logos, including the replacement of an existing pylon sign. The existing pylon sign is 2180mm wide x 3050mm high (6.65m). The applicant originally proposed a pylon sign of 1500mm x 6000mm (9.00m). Upon negotiation with City staff, the applicant has amended their proposal by reducing the dimensions of the signs to match the existing signs.

DESCRIPTION OF SITE

The subject site is located on the north-eastern corner of Helena Street and Johnson Street in Guildford and in proximity to a number of State registered Heritage places including the Guildford Hotel, Guildford Primary School and Nos.32 & 34 Johnson Street, known as "Johnsons Complex".

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

16th August 1998 - Council approved the Peak Service Station subject to a special condition restricting the pylon sign area to no greater than six (6) square metres (illumination acceptable). The applicant at the time appealed the condition; however on the 8th June 1999 the Minister for Planning resolved to dismiss the appeal on the basis that the smaller sized sign recommended by the Shire was adequate to fully identify the existence of the service station and the prices of products on offer.

17th January 2007 - Council refused development of a six (6) metre pylon sign on the basis that the application was contrary to the Guildford Conservation Precinct Local


Planning Policy, is contrary to special condition 15 of planning approval granted in 1998, is too large and will dominate the eastern side of Johnson Street near heritage buildings and in light of objections being received from surrounding landowners.

APPLICANT'S SUBMISSION

The applicant has amended their original proposal in light of comments received from the City's Heritage Adviser and City staff, in order to be more in line with the Guildford Conservation Precinct Policy.

• Canopy fascia signs – internally illuminated sign to replace existing internally illuminated sign is acceptable.

• Shop fascia sign – replacement with a non-illuminated sign.

• Pump lane indicator signs – non illuminated versions of the signs to be installed.

• Pylon sign – a new sign to the same size as the existing (reduced from six metres to three metres as per existing).

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The application was referred to the City's Heritage Consultant, who provided the following recommendations:

The following components of the proposal are recommended for support:

- Replace fascia to the existing canopy using Gull Petroleum corporate colours as shown (blue and orange).

- Replace fascia to the existing shop as shown, colour to be silver/grey with an orange stripe.

- Canopy fascia signs; internally illuminated sign to replace existing internally illuminated sign is acceptable.

- The six internally illuminated signs over the pumps Pump lane indicator signs – non illuminated versions of the signs are acceptable.

- Proposed pylon sign 6m high is not supported; a new sign to the same size as the existing is acceptable.

The applicant has modified their proposal to be consistent with the above recommendations.


PUBLIC CONSULTATION

The application was advertised for a period of fourteen (14) days to landowners within 100 metres of the service station site and was referred to the Guildford Association Inc.

The City received a total of eight (8) comments of which five (5) objected to the proposal. The main grounds for objection were as follows:

• Non-compliance with relevant polices and design guidelines for Guildford Heritage Precinct, in particular design materials and colours do not accord to Guildford Heritage precinct Design Guidelines;

• Signage is inappropriate in a Residential Zone;

• Pylon Signage and internally illuminated sign is deemed inappropriate and unacceptable;

• Pylon sign is excessively high;

• Location of service station at a busy intersection has resulted in accidents and anti-social behaviour which is not in keeping with the amenity of a residential area;

• Petrol fumes;

• Shining lights would encourage criminal activity.

The last three of these objections have no material relevance to the application for a change of signage. The other objections are addressed below.

DETAILS

Zoning and Permissibility of Use

The subject land is zoned "Residential" under the City's Local Planning Scheme No.17 and has an Additional Use for "Service Station" as a "P" (Permitted) use in this zone. By virtue of the "P" use designation the signage associated with the service station is of itself not inappropriate within the zoning of the land.

Guildford Conservation Precinct Policy (POL-C-106):

The relevant clauses of the Guildford Conservation Precinct Policy pertaining to signage are addressed as follows:

Clause 6.7.2(j) Pylon Advertising Signs Pylon advertising signs are generally considered to be inappropriate and unacceptable. Clause 6.7.2 (m) Illuminated Advertising Signs (i) Internally illuminated advertising signs are inappropriate and unacceptable (ii) Advertising signs may be externally illuminated however, all transformers must

be concealed.


Notwithstanding the provision of the Guidelines pertaining to pylon signage and illuminated advertising signage, Council has previously permitted these elements in the original service station approval and these elements have existed on the site for 15 years. It is considered that the proposed replacement signage, including the proposed pylon sign, to the extent that they are of the same quantity and illuminated type as the existing signs, will not make any additional impact on the amenity of the locality beyond what has existed with the present signage arrangements over the past decade and a half.

Colours

Clause 6.41 Performance Criteria (Materials and Colours) details at (b) that the colours used for commercial development shall be in keeping with those colours which have been historically prevalent in the area. It is clear that neither the colours of the current signage nor the colours of the proposed new signage are likely to be considered traditional for the Guildford area, but, again, the impact of the proposed new colours are considered no greater than those colours existent on the approved service station. It must also be noted that such colours are within the fabric of corporate branding, which the Guidelines acknowledge in the performance criteria for advertising signs at (a) - To permit adequate identification and business advertising.

On the basis of the above, the proposed variations to the Guildford Design Guidelines are supported.

OPTIONS AND IMPLICATIONS

Option 1: The Council may resolve to approve the upgrade to service station signage, finding the proposal to be acceptable in the context of the heritage precinct and past approvals for the site. This is the recommended option.

Implications: Peak Service Station signage will be replaced by Gull Petroleum branding, including the replacement of an existing pylon sign at the same dimensions as existing.

Option 2: The Council may resolve to refuse the upgrade to service station signage, finding the proposal varies the Guildford Conservation Precinct Policy to an unreasonable extent. This is not the recommended option.

Implications: The applicant will have a right of review at the State Administrative Tribunal. Past precedent in the SAT on the suitability of corporate colours within Guildford would go against the City.

CONCLUSION

An application for the upgrade of service station signage, including increasing the existing three (3) metre high pylon sign to six (6) metres in height, was received at Lots 7-10 (No.22) Johnson Street, Guildford ('Peak Service Station'). The proposal was assessed under the provisions of the Guildford Conservation Precinct Policy (POL-C-


106) ('the Policy'), referred to the City's Heritage Adviser for comment and advertised to surrounding landowners. A valid planning objection was received on the grounds that the proposal did not accord to the objectives of the Policy. Two aspects of the proposal do not accord to the Policy, namely, the pylon sign and the use of internal illumination. Given these requirements were relaxed by past approvals, it would be unreasonable to refuse the application on these grounds. However, it is considered that there is no need to relax requirements further, therefore the applicant was asked to modify plans by reducing the dimensions of the pylon sign to match the existing, and to only use internal illumination where it has previously been approved onsite. These modifications satisfy staff requirements, thus the proposal is recommended for approval.

ATTACHMENTS

• Location Plan

• Site Plans and elevations (7)

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Local Planning Scheme No. 17

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple Majority.

RECOMMENDATION

That the Council resolve to:

1) Approve the upgrade to service station signage at Lots 7-10 (No.22) Johnson Street, Guildford, subject to the following conditions and advice notes:


a) This approval is for the upgrade of the 2180mm wide x 3050mm pylon sign, canopy fascia, shop fascia and addition of non-illuminated pump lane indicators. The use of illumination is limited to that which is depicted within approved plans.

b) The pylon sign is to be replaced with a sign of equal height and width as the existing.

c) 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

a) This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. It is not a building permit or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents, permits and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

b) Development may be carried out only in accordance with the terms of the application as approved herein and any approved plan.

c) This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention.

d) In accordance with the Building Act 2011 and Building Regulations 2012, a Building Permit application must be submitted to, and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site.

e) A Demolition Permit must be issued before any demolition work commences on the site.

f) To enable your Building Permit application to be assessed promptly, please ensure a complete application is submitted to the City.

To assist in preparing a complete Building Permit application refer to the City of Swan Website (www.swan.wa.gov.au) and follow the links to Building Services - Applicant Checklists.

If you require assistance, please contact Customer Services on 9267 9267.

2) Advise all those who made a submission of the Council's resolution accordingly.


MOTION that the staff recommendation be adopted.

(Cr McNamara - Cr Bailey)

RESOLVED UNANIMOUSLY that the Council resolve to:

1) Approve the upgrade to service station signage at Lots 7-10 (No.22) Johnson Street, Guildford, subject to the following conditions and advice notes:

d) This approval is for the upgrade of the 2180mm wide x 3050mm pylon sign, canopy fascia, shop fascia and addition of non-illuminated pump lane indicators. The use of illumination is limited to that which is depicted within approved plans.

a) The pylon sign is to be replaced with a sign of equal height and width as the existing.

b) 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

a) This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. It is not a building permit or an approval to commence or carry out development under any other law. It is the responsibility of the applicant to obtain any other necessary approvals, consents, permits and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

b) Development may be carried out only in accordance with the terms of the application as approved herein and any approved plan.

c) This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention.

d) In accordance with the Building Act 2011 and Building Regulations 2012, a Building Permit application must be submitted to, and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site.

e) A Demolition Permit must be issued before any demolition work commences on the site.

f) To enable your Building Permit application to be assessed promptly, please ensure a complete application is submitted to the City.


To assist in preparing a complete Building Permit application refer to the City of Swan Website (www.swan.wa.gov.au) and follow the links to Building Services - Applicant Checklists.

If you require assistance, please contact Customer Services on 9267 9267.

2) Advise all those who made a submission of the Council's resolution accordingly.

3.7 proposed service station signage upgrade - lots 7 …

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