existing 'educational establishment' and associated ......lot area: 2583m 2 (combined area) use...

Ordinary Meeting of Council 18 November 2020

4.7 EXISTING 'EDUCATIONAL ESTABLISHMENT' AND ASSOCIATED CLASSROOM, OFFICE, TOILET BLOCK AND STORAGE CONTAINERS - LOT 316 (NO.81) & LOT 317 (NO.85) PAVERS CIRCLE, MALAGA - (DA056-20)

Ward: (Whiteman Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• This application seeks development approval for an existing unauthorised'Educational Establishment' and associated structures at Lot 316 (No.81) & Lot317 (No.85) Pavers Circle, Malaga.

• The subject sites are used for both classroom and practical training exercisesrelating to the use of machinery such as skid steer loaders, excavators andfront end loaders.

• The Educational Establishment will operate from Monday to Friday 9am to 4pm.

• There will be a maximum of 25 students and two (2) staff at any one time.

• A maximum of two (2) vehicles/machines will be operated at any one time anda maximum of five (5) vehicles/machines will be stored on site.

• Seven (7) submissions were received during the consultation period comprisingof six (6) objections and one (1) non-objection.

• The applicant has provided a dust management plan and acoustic assessmentto address amenity concerns. These have been reviewed by City Staff andfound to be satisfactory.

• The applicant has agreed to a temporary, one (1) year approval.

It is recommended that the Council grant a temporary, one (1) year approval for the existing unauthorised 'Educational Establishment' and associated structures at Lot 316 (No.81) & Lot 317 (No.85) Pavers Circle, Malaga subject to appropriate conditions.


AUTHORITY/DISCRETION

Planning and Development (Local Planning Schemes) Regulations 2015 (cl.68 (2))

Council has discretion in accordance with cl.68 (2) of the Planning and Development (Local Planning Schemes) Regulations 2015 to determine an application for development approval by:

• granting development approval with conditions; or

• granting development approval without conditions; or

• refusing to grant development approval.

BACKGROUND

Applicant: WA Renovations Pty Ltd T/As Evolution Owner: Koeppern Machinery Australia Pty Ltd (Directors:

Christopher Schaefer, Eggert De Weldige and Zdzislaw Gardula)

Zoning: LPS17 - General Industrial MRS - Industrial

Strategy/Policy: POL-TP-124 Building and Development Standards Industrial Zones

Development Scheme: Local Planning Scheme No.17 Existing Land Use: Educational Establishment (unauthorised) Lot Area: 2583m2 (combined area) Use Class: Educational Establishment - 'P'

DETAILS OF THE PROPOSAL

The applicant seeks Development Approval for an existing unauthorised 'Educational Establishment' and associated structures on Lot 316 (No.81) & Lot 317 (No.85) Pavers Circle, Malaga.

A summary of the key elements of the proposal is provided below:

• The subject sites are used for both classroom and practical training exercisesrelating to the use of machinery such as skid steer loaders, excavators and frontend loaders.

• The practical training exercises involve pre-start checks, operating andmanoeuvring the machinery, transfer of stockpiles, excavating, moving loadsand general construction activities.

• There will be a maximum of 25 students and two (2) staff at any one time.

• A maximum of two (2) vehicles/machines will be operated at any one time and amaximum of five (5) vehicles/machines will be stored on site.

• The Educational Establishment will operate from Monday to Friday 9am to 4pm.


• Two (2) demountable buildings (one (1) classroom and one (1) office), a toiletblock and two (2) storage containers are located on site to assist withoperations.

PUBLIC CONSULTATION

Public consultation was carried out in the following manner:

Duration: 14 days between 2 September and 15 September 2020.

Method: A letter to all land owners and occupiers adjoining the site and publication on the City's website.

Submissions Received: Seven (7) submissions were received during the consultation period comprising of six (6) objections and one (1) non-objection.

Objections were predominantly in relation to the management of noise, dust, odour and vibration. Other aspects of the objections related to inappropriate use of the land, lack of on-site parking and potential health issues caused by the dust and odour.

DETAILS

Zoning and permissibility

The subject site is zoned 'Industrial' under the Metropolitan Region Scheme (MRS) and 'General Industrial' under LPS17.

An 'Educational Establishment' is defined under LPS17 as premises used for the purposes of education and includes a school, tertiary institution, business college, academy or other educational centre.

An 'Educational Establishment' is a 'P' use within the 'General Industrial' zone, meaning that the use is permitted provided it complies with the relevant development standards and requirements of LPS17.

The proposal meets the definition of Educational Establishment. However, due to its use of heavy machinery, an assessment against the objectives of the zone has been completed.

The objectives of the 'General Industrial' zone are to:

a) provide for a range of generally larger scale industrial development, includingmanufacturing, servicing, storage and distribution;

b) ensure development within the zone is complementary to development in otherzones and to avoid development of land for any purposes or in any mannerwhich would detract from the viability or integrity of development in either theStrategic Regional Centre or the Commercial zones;

c) ensure any on-site advertising is integrated with the overall site developmentand does not detract from the amenities of the road frontages or of adjacentdevelopment;


d) ensure environmental performance of industry, does not detract from theamenity of adjacent sensitive areas and conforms with any relevantenvironmental standards applicable to the neighbourhood.

Each objective is addressed below.

Objective a)

The land use is of a larger scale due to the use of heavy machinery. It does not specifically involve manufacturing, servicing, storage and distribution activities but instead facilitates the education and training of individuals.

Objective b)

The lots in the immediate vicinity are zoned 'General Industrial'.

Concerns have been raised by adjoining properties with regard to the suitability of the Educational Establishment in this area. The adjoining properties include a dental supply store, a health food shop, an automatic gate manufacturer, an electrical manufacturing facility and a photography studio. The surrounding businesses take issue with the noise, vibration, odour and dust that the land use generates and the impact this has on amenity.

Although an Educational Establishment is a 'P' use, the impacts of the proposal are considered to be somewhat abrasive with the established land uses of the area. Compliance with Objective b) will depend on whether the amenity concerns can be managed.

The lots to the far west along Alexander Drive are zoned 'Highway Service' and the lots to the far north along Illawarra Crescent South are zoned 'Residential'. Due to the distance (more than 150m) from the Highway Service and Residential zones, the Educational Establishment is not considered to have a tangible impact on these areas.

Objective c)

No advertising is proposed as part of this application.

Objective d)

The applicant has provided a dust management plan, a noise management plan and an acoustic assessment which were reviewed by City Staff and found to be satisfactory.

The dust management plan incorporates a sprinkler system, the use of dust-free materials for stock piling activities, construction of a 2.1m high solid fence around the perimeter and regular testing of air quality.

The acoustic assessment indicates that the noise levels will comply with the requirements of the Environmental Protection (Noise) Regulations 1997. The noise management plan includes installation of broadband reversing alarms to all machinery to minimise nuisance caused.


Noise

Four (4) of the seven (7) submissions cited concerns relating to noise emitted from the development. The specific concerns with noise included:

• Excessive noise levels;

• Beeping from reversing machinery;

• Jack hammering;

• Trucks revving; and

• Shouting from instructors.

To address concerns relating to noise, the applicant has provided an Acoustic Assessment Report completed by Herring Storer Acoustics. The report modelled the impacts of noise emissions from the development on properties in the immediate vicinity. City staff have reviewed the submitted Acoustic Assessment Report and are satisfied with the results of the report which are summarised below:

• The noise generated by all machinery (including reversing alarms) was includedin the assessment;

• The highest noise level at the boundary will be 64dB which is compliant with themaximum assigned noise level of 65dB;

• The development is compliant with the Environmental Protection (Noise)Regulations 1997, and

• It was recommended that all machinery be fitted with broadband self-adjustingreversing alarms to minimise the noise created by reversing alarms.

It is recommended that a condition be imposed to ensure the above recommendation from the report is implemented.

Dust

A dust management plan was submitted as part of the application. The key dust management measures include:

• Use of a 5-zone sprinkler system every 10 minutes;

• Use of 20mm dust-free washed aggregate for stockpiling activities;

• Construction of a 2.1m high solid fence around the perimeter;

• Regular testing of dust levels; and

• Use of heavy duty tarps to cover stockpiles.

A complaints management procedure has also been implemented to investigate any dust related complaints and resolve accordingly. An initial dust analysis will be undertaken daily before use of any machinery to establish a baseline. The site supervisor will monitor and record the dust levels throughout the day. Dust that crosses the boundaries, dust that billows and complaints that arise regarding dust will be managed with the above measures.


Three (3) submissions stated that the dust management was a concern, in particular the activities would create excessive dust, dust management has been inadequate to date and that dust covers their cars, rear courtyard and enters the buildings. The applicant has not fully implemented the dust management measures to date, specifically the 2.1m high solid fence and the dust-free washed aggregate. It is considered that once fully implemented, the dust can be adequately managed.

It is recommended that a condition be imposed requiring compliance with the dust management plan at all times.

Vibration

Two (2) submissions cited concerns in relation to vibration caused by the operation of the machinery. The objectors mentioned that the vibrations appear to be caused by the use of excavators and unloading of materials. One (1) objector stated "we can feel our desks vibrate when the large machines are used. We also suspect that the vibration is causing problems with our high end finely tuned printers".

The applicant has provided the following comments in response:

"The largest machine in operation at the site is a front end loader. The remainder of our machinery that operate at Malaga is under 3 tonnes and should not cause any vibrations."

Odour

Two (2) submissions cited concerns regarding the machinery affecting the air quality, in particular the exhaust fumes causing coughing, headaches and respiratory issues.

A maximum of two (2) vehicles are proposed to be operated at any one time. This is not considered to be excessive in a 'General Industrial' zone which can accommodate land uses that involve a large number of commercial vehicles such as Transport Depots.

The applicant has advised that the machinery is serviced every six (6) months and an in-house logistics officer inspects machinery weekly to determine and rectify any minor maintenance and repair requirements.

Parking

The City's Local Planning Policy on Vehicle Parking Standards (POL-TP-126) states that an Educational Establishment (Private Tertiary) is required to have one (1) space for every six (6) students the building is designed to accommodate, plus one (1) for each employee, plus additional requirements for auditoriums and stadiums.

The application proposes to have a maximum of 25 students and two (2) staff at any one time. A total of six (6) bays are required for the site; four (4) for students and two (2) for staff. The Educational Establishment will have nine (9) bays available on-site along the southern lot boundary.

One (1) submission cited concerns regarding the lack of on-site parking and stated that they had experienced students parking on the landscaping areas of nearby properties. It is considered that parking can be managed through the imposition of a condition requiring all students and staff to park on-site. In addition, the applicant has advised that a shuttle bus service is provided to students from Osborne Park and Stirling train station to the subject site. The shuttle bus has a morning and afternoon service.

It is considered that parking concerns are addressed sufficiently.


Built Form

The applicant is amenable to a time-limited approval of one (1) year. Due to the short-term nature of the proposal, it is considered that many of the built form requirements should not be imposed. Nonetheless, they are assessed below.

The Educational Establishment varies the following requirements of the City's Local Planning Policy POL-TP-124 Building and Development Standards in Industrial Zones:

• Building setbacks;

• Use of the front setback area;

• Building facades; and

• Landscaping.

A sea container (14.7m2) is located 1m and the toilet block is located 7.8m from the front boundary in lieu of the required 9m and both are located in the front setback area. The positioning of these structures allows for full use of the space in the centre of the site for manoeuvring of vehicles and machinery. The structures have a maximum height of 2.4m to ensure it is not imposing on the street.

The structures do not have a brick, stone, concrete or glass façade and are instead generally constructed of sheet metal. However, sheet metal is a common construction material in an industrial area. The structures that are utilised (sea containers and demountable classrooms) are easily removable. If permanent structures were proposed, it is considered that the façade requirement would be enforced.

There is no landscaping proposed as part of this application. Local Planning Policy POL-TP-124 requires a minimum of 10% of the site to be landscaped.

Due to the short-term nature of the proposal, the lack of landscaping and built form variations detailed above are considered acceptable.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to grant a temporary one (1) year approval for the Existing Educational Establishment and Associated Classroom, Office, Toilet Block and Storage Containers at Lot 316 (No.81) & Lot 317 (No.85) Pavers Circle, Malaga.

Implications: The use and development will be approved for a period of one (1) year.

This is the recommended option.


Option 2: Council may resolve to refuse the Existing Educational Establishment and Associated Classroom, Office, Toilet Block and Storage Containers at Lot 316 (No.81) & Lot 317 (No.85) Pavers Circle, Malaga on the grounds that the development, if approved, will have an adverse impact to the amenity for adjoining landowners.

Implications: The applicant will have a right of appeal to the State Administrative Tribunal if aggrieved with the decision of the Council.

This is not the recommended option.

CONCLUSION

The City recommends a temporary one (1) year approval for the Existing Educational Establishment and Associated Classroom, Office, Toilet Block and Storage Containers at Lot 316 (No.81) & Lot 317 (No.85) Pavers Circle, Malaga for the following reasons:

• The development is considered to meet the definition of the 'EducationalEstablishment' land use which is a 'P' use within the General Industrial zone,and can be considered for approval;

• City Staff are satisfied with the proposed measures to mitigate the impact ofnoise and dust on surrounding properties. These measures can be enforcedthrough the application of conditions to the planning approval;

• Following expiry of the temporary approval, the effectiveness of the proposedmeasures can be further assessed.

It is therefore recommended that Council approve the application subject to the recommended conditions.

ATTACHMENTS

Location Plan

Site Plan

Acoustic Report

Noise Management Plan

Dust Management Plan

STRATEGIC IMPLICATIONS

Nil


STATUTORY IMPLICATIONS

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Metropolitan Region Scheme

City of Swan Local Planning Scheme No.17

FINANCIAL IMPLICATIONS

The average cost for a Hearing to defend Council’s decision at the State Administrative Tribunal is $60,000.

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Grant approval for the Existing Educational Establishment and AssociatedClassroom, Office, Toilet Block and Storage Containers at Lot 316 (No.81) & Lot317 (No.85) Pavers Circle, Malaga subject to the following conditions:

1. This approval is for an 'Educational Establishment' as defined under theCity's Local Planning Scheme No.17 and the subject land may not be usedfor any other use without prior approval of the City.

2. The approved development must comply in all respects with the attachedapproved plans, as dated, marked and stamped, together with anyrequirements and annotations detailed thereon by the City of Swan. Theplans approved as part of this application form part of the developmentapproval issued.

3. This development approval is valid for a period of one (1) year. On or priorto the end of this period, all structures are to be permanently removedfrom the lot, the land use is to cease and the land reinstated to its former/ original condition.

4. The operating hours of the 'Educational Establishment' are restricted to:Monday to Friday from 9am-4pm.

5. A maximum of 25 students and two (2) staff are permitted on thepremises at any one time.

6. A maximum of two (2) vehicles/machines shall be operated from thepremises and a maximum of five (5) vehicles/machines are to be storedon site at any one time.

7. All vehicles/machines shall be fitted with broadband self-adjustingreversing alarms.

8. The management measures contained within the 'Noise Management Plan'by Training Alliance Group dated 7 August 2020 must be implemented andcomplied with at all times to the satisfaction of the City of Swan.

9. The management measures contained within the 'Dust Management Plan'by Training Alliance Group dated 16 June 2020 must be implemented andcomplied with at all times to the satisfaction of the City of Swan.

10. Nine (9) vehicle parking bays must be provided on the lot in accordancewith the approved plans. The design of vehicle parking and access mustcomply with AS/NZ 2890.1 (as amended). Accessible parking bays mustcomply with AS/NZ 2890.6 (as amended).

11. Vehicle parking areas, access and circulation areas must be sealed,kerbed, drained and maintained to the satisfaction of the City, inaccordance with the approved plans.

12. All stormwater must be contained and disposed of on-site at all times, tothe satisfaction of the City of Swan.

2) Advise the applicant and submitters of the Council's decision.

CARRIED EN BLOC

DISCLAIMER: Information shown here on is a composite ofinformation from various different data sources. Users are warned that the information is provided by the City of Swan in this format as a general resource on the understanding that it is not suitable as a basis for decision making without verification with the original source.

Location Plan - Lots 316 &317 (Nos. 81 & 85) Pavers

Circle, Malaga

21/10/2020

1:971

Version: 2, Version Date: 26/10/2020Document Set ID: 5991830

D E S I G N & D R A F T I N GDEFINE CREATIONSPHONE: 08 9390 4831 MOBILE: 0408 942 040

PROFESSIONAL .QUALITY .INNOVATIVE .T i m e l e s s . . .

ADDRESS:

PROPOSED SITE OFFICE, ABLUTIONS BLOCK & STORAGE CONTAINERS FOR:

ISSUED FOR:PLANNING DA

COPYRIGHTMap 209 C14

N1 Ref. Eng. Det. No

LAST OPENED DATED:

TIME: 11:54:39

UBD MAP REF.

DATE:

DRAWN:

CHECKED:

JOB NO:

WIND RATING ENGINEER'S DETAIL COASTAL CATEGORY

DO NOT SCALE FROM THIS DRAWINGAll Sub-contractors to check dimensions & notes prior to initiating works.Any discrepancies to be notified to the Site Supervisor without delay.ALL DIMENSIONS TO BRICKWORK.

ALL DIMENSIONSSHOWN ON FLOORPLAN ARE RAW DIMENSIONS ONLYWHICH DO NOT INCLUDE PLASTER ORMETAL BEADING TO BRICKWORK.

DOWNPIPE LOCATIONS AREINDICATIVE ONLY AND MAY BECHANGED AT BUILDER'S DISCRETION.

ROOF BEAMS ARE SHOWNDIAGRAMATICALLY ONLY.

FLOOR WASTES / CEILING VENTSSHOWN DIAGRAMATICALLY ONLY.

©SHEET NUMBER : OF

7 Apr 2020

DKW

DKW

SCALE: 1:

Mon 10 Aug 2020

1912131

LOT 316 (#81) & LOT 317 (#85) PAVERS CIRCLE,MALAGA

KOEPPERN MACHINERY AUSTRALIA PTY LTD

REVISIONS:

D E S I G N & D R A F T I N GDEFINE CREATIONS

[email protected] www.definecreations.com.auPHONE: 08 9390 4831 MOBILE: 0408 942 040

PROFESSIONAL .QUALITY .INNOVATIVE .T i m e l e s s . . .

DA PLAN SET

MEMBER OF THE BUILDINGDESIGNERS ASSOCIATION OF

WESTERN AUSTRALIA

B/L 101977 ABN: 68 168 507 686P: (08) 9497 3487 A: U1/19 Keates Rd, Armadale,WA 6112W: evolution.com.au E: [email protected]

1

DEVELOPMENT APPLICATION

ELEVATION 5SCALE 1:100

TYP. 6060 x 2430SEA CONTAINER








41.900FFL

42.300FFL

2,3252

,400

EXISTING DEMOUNTABLECLASSROOM 12.05 x 6.05 EXISTING ABLUTIONS

BLOCK 4.80 x 2.44

FLOOR

CEILING

FLOOR

CEILING

AIRCONUNIT

NATURAL GROUND LEVEL

42.300FFL

2,400

EXISTING DEMOUNTABLECLASSROOM 12.05 x 6.05

FLOOR

CEILINGAIRCON

UNIT


AIRCONUNIT

AIRCONUNIT

AIRCONUNIT



42.300FFL

41.900FFL

2,3252

,400


EXISTING ABLUTIONSBLOCK 4.80 x 2.44

FLOOR

CEILING

FLOOR

CEILING

AIRCONUNIT

AIRCONUNIT DOOR

STEP



42.300FFL

41.900FFL

2,325 2

,400


EXISTING ABLUTIONSBLOCK 4.80 x 2.44

FLOOR

CEILING

FLOOR

CEILING

AIRCONUNIT

AIRCONUNIT



42.600FFL

2,400

FLOOR

CEILINGAIRCON

UNIT

PROPOSED DEMOUNTABLECLASSROOM 6.0 x 3.0


42.600FFL

2,400


FLOOR

CEILING

AIRCONUNITDOOR

STEPNATURAL GROUND LEVEL


42.600FFL

2,400

FLOOR

CEILING

AIRCONUNIT




42.600FFL

2,400

FLOOR

CEILING


12-5

12-5

12-5

25-7½ SD

12-5

12-5

12-5

12-5

12-5

A1/

SURVEY J/N: DATE: SCALE: DRAWN:16/12/2019 1: 100

7,800

2,000

12,5

0012

,050

8,00

06,

000

7,720

2,43

01,3

00

2,5001,3

00

1,800

1,000

3,000 2,500

1

2

34

5

6 7

8

9

10 11

12

SINGLECARBAY

NOTE/BEWARE:ADVISE TRADES

LEGEND:

SOIL DESCRIPTION

ROOF COVER:ROOF & WALL STRUCTURE:WALL FINISH:SEA CONTAINERS:

COLORBOND TRIMDEK AT 1°0' PITCHSTEEL FRAME / REFRIDGERATED PANELSCOLORBOND TRIMDEK OR SIMILARSTEEL FRAME & CLADDING

EXTERNAL FINISHES ( CLASSROOM & ABLUTIONS )

Lot boundaries drawn on survey arebased on landgate plan only. Survey does notinclude title search and as such may not showeasements or other interests not shown on plan.Title should be checked to verify all lot detailsand for any easements or other interests whichmay affect building on the property.

Survey does not include verification of cadastralboundaries. All features and levels shown arebased on orientation to existing pegs and fencesonly which may not be on correct cadastral alingment.Any designs based or dependent on the location ofexisting features should have those features'location verified in relation to the true boundary.

Survey shows visible features only and will notshow locations of underground pipes or conduitsfor internal or mains services. Verification ofthe location of all internal and mains servicesshould be confirmed prior to finalisation of anydesign work.

Cottage & Engineering surveys accept noresponsibility for any physical on site changes tothe parcel or portion of the parcel of land shownon this survey including any adjoining neighbourslevels and features that have occurred after thedate on this survey. All Sewer details plottedfrom information supplied by Water Corporation.

Due to lack of survey marks/pegs, all building offsetdimensions & features are approximate only andpositioned from existing pegs/fences and walls whichmay not be on the correct alignment and are to beverified when repegged. Any design that involvesadditions to any structures shown or portion of structuresremaining after any demolition has taken place requiresboundaries to be repegged and exact offsets providedto your designer/architect before any plans areproduced and before any work is started on site.

P A V E R S C I R C L E

LOT 3161,271m2 (#81)

LOT 3171,313m2 (#85)

26.3 26.3

50

43

50

26.3620.3

6

7 750

LOT 34642m2

1:100

41.041.0

41.541.5

42.042.0

42.5

42.5

EXISTINGSEA CONTAINER

STORAGE6.06 x 2.43

EXISTING SEA CONTAINERWITH GANTRY ABOVE

6.06 x 2.43

EXISTINGABLUTIONS

BLOCK4.80 x 2.44FFL 41.900

MALE FEMALE

EXISTINGDEMOUNTABLE

CLASSROOM12.05 x 6.05FFL 42.300

EXISTINGAIRCON

UNIT

EXISTINGAIRCON

UNIT

EXISTINGAIRCON

UNIT

EXISTINGAIRCON

UNIT

920

EXISTINGWESTERN POWER

PAD MOUNT

EXISTING BOBCATTRAINING AREA

EXISTING EXCAVATORTRAINING AREA

PROPOSEDDEMOUNTABLE

OFFICE6.0 x 3.0

FFL 42.600

AIRCONUNIT

CAR SPACE

CAR SPACE

CAR SPACE

CAR SPACE

CAR SPACE

CAR SPACE

CAR SPACE

CAR SPACE

CAR SPACE

TRUCKSPACE

TRUCKSPACE

TRUCKSPACE

BOB-CAT

ECAVATOR

ECAVATOR


CITY OF SWAN

RECEIVED

13 August 2020

26.3 26.3

2.1m high solid fenceis to bee erected

around the perimeterof the lots as

highlighted in yellow


CITY OF SWAN

RECEIVED

16/06/2020


4.7 Existing 'Educational Establishment' and Associated Classroom, Office, Toilet Block and Storage Containers - Lot 316 (No.81) & Lot 317 (No.85) Pavers Circle, Malaga - (DA056-20)

existing 'educational establishment' and associated ......lot area: 2583m 2 (combined area) use...

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