3.8 proposed warehouse and incidental office at lot … · 2016. 2. 3. · on lot 77 (no.384)...

Ordinary Meeting of Council 11 April 2012

3.8 PROPOSED WAREHOUSE AND INCIDENTAL OFFICE AT LOT 77 (NO.384) VICTORIA ROAD, MALAGA

Ward: (Ballajura Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• Planning approval is sought for a warehouse and incidental office development on Lot 77 (No.384) Victoria Road, Malaga. The warehouse is intended to be used for storing scrap metal.

• The subject lot is zoned "General Industrial" under the City's Local Planning Scheme No.17 and the proposal has been classified as "Warehouse" which is a "P" use within the zone.

• The application is assessed in accordance with Local Planning Policy TP-124 – Building and Development Standards for Industrial Zones and Policy TP-129 - Building and Development Standards for Vehicle Parking.

• The proposed warehouse and incidental office application complies with above policy provisions with the exception of the proposed number of parking bays, 21 bays being provided where Scheme standards require 41 - a shortfall of 20 bays.

• The applicant has justified the parking shortfall, stating that the owners operate strictly on 'wholesale buy and sell' basis with no retail or showroom requirements. Materials (scrap metal) are purchased on a 'weigh and pay, drive-in, drive-out' basis and stored on site until on-sold in bulk for re-cycling purposes. Given the nature of the business which requires less staff and more space for storing the materials, the parking requirements are considered to be minimal.

• On this basis it is considered reasonable to grant approval with a parking dispensation to this applicant but subject to a condition that will require any subsequent proprietor of the property or a change in usage by the current proprietor (Uniglove Pty. Ltd.) to make further application for Council's approval.

It is recommended that the Council approve the application for "Warehouse" on Lot 77 (384) Victoria Road, Malaga subject to such a condition as outlined above and other 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: De Francesch Builders Pty Ltd

Owner: Uniglove Pty Ltd (Company Director: Mr. Nick Rondas)

Zoning: LPS - General Industrial MRS - Industrial Strategy/Policy: POL-TP-124 - Building & Development Standards -

Industrial Zones, POL-TP-129 - Building & Development Standards - Vehicle Parking Policy, Draft Parking Strategy for Malaga

Development Scheme: NA Existing Land Use: Vacant Lot Size: 3785 m2 Area: Malaga Use Class: Warehouse "P" use

DETAILS OF THE PROPOSAL

The proposal comprises a warehouse and office building for the specific purpose of storing scrap metal and related materials for re-cycling. The applicant proposes 115m2 of office and 2,014m2 of warehouse which totals 2,129m2. There would be a maximum of 5 employees present at any one time. The proposal comprises of 21 parking bays onsite and 6 parking bays on the verge at Council's discretion. The applicant has proposed an undercover drive-thru area for loading and unloading activity.

DESCRIPTION OF SITE

Lot 77 (No.384) Victoria Road Malaga, the 'subject site' gains access from Victoria Road to the north. The site is relatively levelled and is currently vacant.

SITE HISTORY/PREVIOUS APPROVALS

None


OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Council at the Ordinary Meeting held on 18 Jan 2012 approved a development (Schneider Electric) with a shortfall of 342 parking bays for change of use to warehouse/offices and construction of two additional buildings on Lot 800 (28) Truganina Road, Malaga. (Item 3.4 of OCM 18/01/2012 refers). The approval was subject to a special condition being a notification on title to ensure subsequent use for the premises is subject to re-evaluation of parking requirements.

APPLICANT'S SUBMISSION

The applicant has provided the following comment in support of the application:

"Existing Business

Our client has successfully operated a family business, Rondas Scrap Metal Merchants, from their existing premises at Fitzgerald Street, Perth (address concealed by staff) since 1962. They operate on a 'wholesale buy and sell' basis with no retail or showroom requirements. Materials are purchased on a 'weigh and pay, drive-in, drive-out basis and stored on site until on-sold in bulk for re-cycling purposes. Our client has recognised that their current premises is now inadequate because of its small size, location and lack of sufficient undercover storage. Furthermore, redevelopment of the area in recent years has seen them become surrounded by mixed use developments. It is now time for them to relocate to a more appropriate location.

Project Brief

To construct a new office/warehouse facility to improve and modernise the functionality and productivity of our client's scrap metal merchant business. To provide a modern architectural identity for the business. To provide undercover storage for all scrap metal materials, out of the elements and public view to improve the aesthetic impact on the streetscape and adjacent properties. To provide a drive-through ' weigh and pay' facility allowing easy access for trucks up to 12.5 metres long.

Proposed Development

Purpose-built office/warehouse for owner/occupier designed to maximise warehouse space for the specific purpose of storing and sorting scrap metal and related materials for re-cycling. As you can see, warehouse space over office space is a priority for our client as their staff requirements will never exceed five people in total as it is a family owned and operated business. Hence, the currently indicated 21 car bays are far in excess of our client's needs and quite frankly they would much prefer to reduce the number of car bays even further subject to Council approval. The warehouse has been maximised to within the allowable plot ratio limits, taking into account the office area. Hence, we are proposing 115sqm of office and 2,014sqm of warehouse which totals 2,129sqm and is less than the allowable plot ratio of 2,271 sqm. The undercover drive-through has not been included in the building area due to the use of this space. This design was considered to be paramount to the client's operational needs as it will facilitate the efficient


loading and unloading of materials in all weather conditions. This design also facilitates the movement of vehicles in one direction without the need to reverse direction.

Summary

We acknowledge that we are currently not providing the required number of car bays, however given the owner-specific use of the development, we are actually providing bays in excess of their requirements. We are still prepared to provide verge parking as originally requested by Council. They would be of great benefit given that other properties are currently using the verges for parking anyway. The carports have been widened as requested by Council and the stormwater schematic has now been linked and connected to the Council Stormwater System as per the attached amended plans."

DETAILS

Zoning and Permissibility of Use

The subject site is zoned 'General Industrial' under Local Planning Scheme No. 17 (LPS 17) and the proposed development is defined as a "Warehouse" under Schedule 1 of LPS 17. Warehouse is a "P" use in the General Industrial zone meaning that the use is permitted by the Scheme provided the use complies with the relevant development standards and requirements of the Scheme.

Development Standards

The proposal generally complies with the Building and Development Standards Policy -Industrial Zones (setbacks, landscaping, plot ratio, building height) but fails to meet the parking requirements under Building and Development Standards - Vehicle Parking.

Parking Adequacy

The combined area for warehouse and incidental office is 2,129m2. Applying the parking requirements under Building and Development Standards - Vehicle Parking, the proposal would generate 41 parking bays. The proposal achieves 21 parking bays only. The proposal therefore includes a parking shortfall of 20 parking bays.

The salient point in consideration of the proposed parking shortfall is that the business has very low staff levels (5 staff) and the nature of customer patronage is effectively a drive through arrangement, as evidenced in the design of the development - and clearly less reliant on provision of parking bays for customers. On this basis it is considered reasonable to grant a dispensation to this applicant but subject to a condition that will require any subsequent proprietor of the property or a change in usage by the current proprietor (Uniglove Pty Ltd) to make further application for Council's approval.

The proposed parking shortfall has not taken into consideration the applicant's proposal to construct parking bays within the Victoria Road verge on account that this location is not suitable under Council's Policy Pol-C-101 "Construction of Privately Funded Parking Areas within a Road Reserve".


OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to approve the application for a "Warehouse" with the 20 bay parking dispensation at Lot 77 (384) Victoria Road, Malaga subject to a condition stipulating the approval pertains to this particular proprietor only and the current business use and that any change to either requires an application to be made for the further approval of Council.

This is the recommended option. Implication: The applicant may proceed with their development and the relocation of

their business to Malaga. Option 2: Council may resolve to refuse the application for a "Warehouse" at Lot

77 (384) Victoria Road, Malaga on the grounds that the insufficient provision of parking bays (20 bay shortfall) will likely result in disorderly parking within the Victoria Road verge detrimental to the amenity of the locality.

This is not the recommended option. Implication: If aggrieved with Council's decision, the owner(s) has the right of review

to the State Administrative Tribunal within 28 days of Council’s decision.

CONCLUSION

The proposal generally accords with the relevant local planning policies however entails a significant parking shortfall of 20 bays. The applicant has provided further information to demonstrate that the nature of the business, both in its staffing and patronage will be sufficiently catered for by the proposed 21 bays.

It is however considered appropriate to grant the approval and related parking dispensation to this particular applicant only with a condition specifying that any change in proprietor or the nature of the business operation onsite will require a new development application for Council's consideration.

ATTACHMENTS

• Site Plan

• Floor plan

• Elevations


STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil

RECOMMENDATION

That the Council resolve to:

1) Approve the application for "Warehouse" on Lot 77 (No.384) Victoria Road, Malaga subject to the following conditions:

a) This approval, and the parking dispensation (shortfall of 20 bays) granted hereunder, is particular to Uniglove Pty. Ltd., being the proprietor of the property at the time of approval. Any future change in the proprietor of the property or nature of the business undertaken thereon or from that hereby approved will require further application to the City of Swan for planning approval.

b) Prior to the lodgement of a building licence for the development the owner shall execute and provide to the City a notification pursuant to Section 70A of the Transfer of Land Act 1893 to be registered on the title to the land as notification to prospective purchasers that the use of the premises is subject to the restriction outlined in Condition (a) above.

The Section 70A Notification shall be prepared by the City’s solicitors (currently McLeod’s) to the satisfaction of the City of Swan and all costs of and incidental to the preparation of and registration of the Section 70A Notification including the City’s solicitors’ costs shall be met by the applicant or the owner of the land.

c) A total of 21 parking bays shall be provided, each measuring 5.5 x 2.5 metres, clearly marked on the ground and served by a 6 metre wide paved access way. Where the access way abuts a building or other barrier, a minimum width of 6.5 metres is required. Disabled bays to comply with Australian Standard 2890.6, bays near obstructions to measure 5.5 x 2.8m.

d) No products, materials or other goods whatsoever are to be stored outside of the building, unless in a designated area approved by the City for that purpose.


e) No fluid, other than uncontaminated stormwater is to enter any stormwater drain without prior approval from the City and the Environmental Protection Authority.

f) Any external storage must be screened from view from any public street and/or surrounding development by a 1.8m opaque wall or by existing and/or proposed newly planted vegetation, as approved by the City.

g) No retail sales are permitted from the premises or site.

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

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

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

k) All stormwater produced from this property including subsoil drainage is to be collected and disposed into the City’s drainage system in accordance with the City’s requirements. Invert level at point of connection is 32.33 (A.H.D.) approximately.

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

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

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

n) 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.

o) 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

i. A minimum of two weeks' notice is required from the applicant for the City of Swan (Engineering Services) to install a trafficable manhole at the location marked on the site plan (A-1, received on 07 March 2012).


ii. Stormwater to be piped to interconnecting soakwells with an overflow to City system. Soakwells must achieve a minimum detention and be located at least 1.8m clear of buildings and property boundaries. All soakwells are to be installed in accordance with manufacturer's specifications.

iii. The City of Swan is authorised and liable for the maintenance and repair of roads under its control within its boundary and pursuant to Section 84 of the Road Traffic Act. The City is authorised to recover costs from the applicant, for the repair and maintenance of these roads if any damage is caused as part of this development to the kerb, footpath, drainage pits, stormwater system, landscaping or signs located within the road reserve.

iv. Kerbs, roadways, footpaths, open drains, stormwater pits, service authority pits and nature strips must be adequately protected during the construction of the development.

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

vi. 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 owner 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.

vii. In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989 a Building Licence application must be submitted to, and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site.

viii. The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.

All development works are to be carried out in accordance with control of noise practices set out in Section 6 of AS 2436-1981 or the equivalent current Australian Standard.

No works shall commence prior to 7.00 am without the City’s approval.

CARRIED

3.8 proposed warehouse and incidental office at lot … · 2016. 2. 3. · on lot 77 (no.384)...

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