proposed home business (yoga studio) - lot 28 (no.64) swan ...€¦ · (yoga studio) within the...

Ordinary Meeting of Council 13 March 2019

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3.7 PROPOSED HOME BUSINESS (YOGA STUDIO) - LOT 28 (NO.64) SWAN STREET, GUILDFORD (DA350-18)

Ward: (Midland/Guildford Ward) (Statutory Planning)

Disclosure of Interest: Nil.

Authorised Officer: (Executive Manager Planning and Development)

Cr Kiely declared an impartiality interest in Item 3.7 - Proposed Home Business (Yoga Studio) - Lot 28 (No.64) Swan Street, Guildford (DA350-18) as the Guildford Association made a submission on the application. Cr Kiley is Secretary of the Guildford Association.

Cr Scanlan declared an impartiality interest in Item 3.7 - Proposed Home Business (Yoga Studio) - Lot 28 (No.64) Swan Street, Guildford (DA350-18) as the owner of the business provide free yoga sessions to the Guildford Family Playgroup, including her children.

KEY ISSUES

• A development application has been received by the City for a proposed Home Business (Yoga Studio) within the rear studio on Lot 28 (No.64) Swan Street, Guildford.

• The subject property is zoned 'Residential' under Local Planning Scheme No.17 (LPS17) where 'Home Business' is a 'D' use within the zone.

• The home business proposes a six (6) vehicle parking bay shortfall.

• Local Planning Policy POL-TP-129 Vehicle Parking Standards which introduced provisions for a cash-in-lieu contribution for Guildford does not apply to the subject site as it is zoned Residential.

• The application was advertised to properties within 50m of the subject lot. A total of five (5) submissions were received, all objections. The issues raised by the objectors related to a proliferation of on-street vehicle parking along Waylen Street and Swan Street. No other land owner within the immediate area raised any objection to the proposal.

• It is considered that there are sufficient parking opportunities along Waylen and Swan Streets to absorb the six (6) bay parking demand that the Scheme sets out for the proposed use. The availability of such bays extends through day and night time periods both during the week and on weekends.

• In addition to parking available on Waylen Street and Swan Street, there is significant parking opportunities located along Swan Street and Terrace Road within 200m of the subject site and the site is within 300m of the Woodbridge Railway Station.

It is recommended that the Council approve the proposed 'Home Business (Yoga Studio)' at Lot 28 (No.64) Swan Street, Guildford subject to conditions.


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AUTHORITY/DISCRETION

LPS17 (cl.10.3)

Council has discretion in accordance with cl.10.3 of Local Planning Scheme No.17 to approve (with or without conditions) or refuse the application.

2015 Regulations (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 without conditions; or • granting development approval with conditions; or • refusing to grant development approval.

BACKGROUND

Applicant: Rebecca Jean Brown Owner: Rebecca Jean Brown & Craig Rodney Brown Zoning: LPS17 - Residential MRS - Urban Strategy/Policy: Nil Development Scheme: Local Planning Scheme Existing Land Use: Single House Lot Size: 932m2 Lot Area: 932m2 Use Class: Home Business 'D'

DETAILS OF THE PROPOSAL

A development application has been received by the City for a proposed home business (yoga studio) within the rear studio on Lot 28 (No.64) Swan Street, Guildford. The yoga studio proposes a maximum number of six (6) clients per class and a maximum of 29 hours of class time per week.

The proposed class times are as follows:

• Monday to Friday up to 1.5 hours each class.

o 6am - 7:30am

o 9:30am - 11am

o 6:30pm - 8pm

• Saturday: 8:30am - 1pm - 3 sessions up to 1.5 hours each;

• Sunday - monthly - 1 x 2 hour session - 10am - 12pm or 1pm - 3pm


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DESCRIPTION OF SITE

The subject lot is located at No.64 Swan Street, Guildford and is situated on the north east corner of the intersection at Swan Street and Waylen Street. The site is currently occupied by a single house with a carport/garage and studio.

SITE HISTORY/PREVIOUS APPROVALS

DA-574/2018 - Carport, Garage and Studio Additions

The subject site received approval on 19 December 2018 for additions and alterations to the area of which this application (DA-350/2018) is subject of. During the assessment of this application, the submitted plans were amended to allow consistency with the approved drawings as part of DA-574/2018.

PUBLIC CONSULTATION

Public consultation was completed as per the following:

Notification letters sent to surrounding landowners within 50m of the subject site for a period of 14 days from 7 December to 21 December 2018. Five (5) submissions were received.

The submissions objecting to the proposed development cited the following reasons:

• Proliferation of on-street vehicle parking along Waylen and Swan Streets;

• Proximity to the Waylen and Swan Street intersection - potential for traffic incidents;

• Damage to existing Sugar Gum street trees along Swan Street;

• The home business will negatively impact amenity of the immediate area.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Department of Planning, Lands and Heritage (DPLH)

The proposed development was considered in the context of the identified cultural significance of the place and DPLH raised no concerns.

Guildford Association

The Guildford Association supports the home business 'in principle' however the impact of verge parking is to be addressed. Damage to the existing Sugar Gum trees along Swan Street should be avoided.


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APPLICANTS SUBMISSION

Following the public consultation process in which five (5) objections were received during the 14 day period, the applicant had the opportunity to address the concerns raised in the objections surrounding the six (6) vehicle parking bay shortfall:

• The students who attend the classes are generally local and are encouraged to walk, ride their bike or car pool to minimise the number of parked cars.

• The proximity to the train station allows clients who aren’t local to the Guildford area to utilise public transport facilities.

• Numerous marked vehicle parking bays can be located along both Terrace Road and Swan Street in which the majority of the class times fall outside regular business trading hours therefore not directly impacting the number of marked verge parking available to the Guildford commercial precinct.

• The street verge immediately adjoining the subject site on both Swan Street and Waylen Street are not sign posted and therefore on street parking is permitted.

ASSESSMENT

Zoning and Land use permissibility

The subject property is zoned 'Urban' under the Metropolitan Region Scheme and 'Residential' under the City's Local Planning Scheme No.17.

The proposed yoga studio is classified as 'Home Business' pursuant to Local Planning Scheme No.17 and as such is a Discretionary ('D') use within the Residential zone.

The submissions received during public consultation cited an incompatibility with the Residential zone.

The objectives of the Residential zone are to:

a) provide for a range of forms and densities of residential development to meet the needs of the wide variety of households which make up the community;

b) promote a residential environment in each locality consistent with the form and density of residential development permissible in the locality, so as to enhance a sense of place and community identity;

c) preserve and enhance those characteristics which contribute towards residential amenity, and to avoid those forms of development which have the potential to prejudice the development of a safe and attractive residential environment;

d) provide for a limited range of ancillary development compatible with the form and density of residential development, and complementary to the needs of local communities, but which will not compromise residential amenity;

e) avoid development of land for any purpose or in any manner that would detract from the viability or integrity of development in either the Strategic Regional Centre or the Commercial zones.


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The proposed development is consistent with the definition of a Home Business under LPS17 which is considered a 'D' use within the Residential zone.

The definition of a 'Home Business' under LPS17 is:

"Home Business" means a business, service or profession carried out in a dwelling or land around a dwelling by an occupier of the dwelling which -

a) does not employ more than 2 people not members of the occupier's household;

b) will not cause injury to or adversely affect the amenity of the neighbourhood;

c) does not occupy an area greater than 50 square metres;

d) does not involve the retail sale, display or hire of goods of any nature;

e) in relation to vehicles and parking, does not result in traffic difficulties as a result of the inadequacy of parking or an increase in traffic volumes in the neighbourhood, and does not involve the presence, use or calling of a vehicle more than 3.5 tonnes tare weight; and

f) does not involve the use of an essential service of greater capacity than normally required in the zone."

The business does not propose to employ more than two (2) people not members of the occupiers household, does not occupy an area greater than 50m2, does not involve the retail sale, display or hire of goods nor involve the presence, use or calling of a vehicle of more than 3.5 tonnes tare weight nor requires any special services. Therefore, the proposed home business complies with the requirements of (a), (b), (c), (d) and (f) of the above definition.

Parking Adequacy:

In regard to (e) above, the site provides no parking bays on the lot therefore requiring on-street vehicle parking along Swan and Waylen Streets to satisfy the proposed six (6) vehicle parking bay shortfall.

City staff confirmed Waylen Street and Swan Street are suitable to allow on-street parking and confirmed the traffic volumes along both Waylen and Swan Streets are within the expected levels for a residential street with very little through traffic. In addition, a review of historic aerial imagery confirms the street verge being utilised consistently for vehicle parking along both Waylen Street and Swan Street.

In addition to parking availability on Waylen Street and Swan Street, there is significant marked parking opportunities located along Swan Street and Terrace Road within 200m of the subject site and the site is within 300m of the Woodbridge Railway Station. The applicant stated that the majority of the clients to visit the site are families located within the immediate proximity of the site and therefore will either car pool or use alternate forms of transportation.

In light of the above, the impact of the proposed home business with a maximum of 29 hours of class time taking place at the subject site in any one (1) week and the vehicle movements proposed in association with the home business will not be out of the ordinary for usual vehicle movements in the area.


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OPTIONS AND IMPLICATIONS

That the Council resolve to:

Option 1: That Council approve the application for a Home Business (Yoga Studio) on Lot 28 (No.64) Swan Street, Guildford.

Implications: The applicant will be able to commence the Home Business (Yoga Studio) however; they will have to ensure the business complies with the conditions of approval.

This is the recommended option.

Option 2: That Council refuse the application for a Home Business (Yoga Studio) on Lot 28 (No.64) Swan Street, Guildford for the following reasons:

1. The proposed home business will have an adverse effect on the residential amenity of the locality.

2. The proposed home business does not satisfy part (e) of the definition of 'Home Business' under LPS17 due to traffic difficulties as a result of an inadequacy of onsite parking.

This is not the recommended option.

CONCLUSION

In light of the above, with the proposed home business operating a maximum of 29 hours of class time taking place at the subject site in any one (1) week, the vehicle movements proposed in association with the home business will not be out of the ordinary for usual vehicle movements in the area. The majority of the class times fall outside regular business trading hours therefore not directly impacting the number of marked verge parking available to the Guildford commercial precinct.

Subject to conditions, City staff are satisfied the Home Business (Yoga Studio) will not have an adverse impact on adjoining properties. Additionally, the development is capable of support given the adequate street parking opportunities within proximity of the subject site.

ATTACHMENTS

Location Plan

Site Plan

Floor Plan

STRATEGIC IMPLICATIONS

Nil


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STATUTORY IMPLICATIONS

Local Planning Scheme No.17

Planning and Development (Local Planning Schemes) Regulations 2015

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority


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RECOMMENDATION

That the Council resolve to:

1) Approve the application for a Home Business (Yoga Studio) at Lot 28 (No.64) Swan Street, Guildford subject to the following conditions:

1. This approval is for a 'Home Business' as defined in the City's Local Planning Scheme No.17 and the subject land may not be used for any other use without prior approval of the City.

2. The designated work area for the 'Home Business' is limited to the 29.97m2 section outlined on the approved plans received 28 August 2018.

3. The operating hours of the business shall be limited to between 6:30am - 8pm Monday to Friday and Saturdays 8:30am - 1pm with a maximum of three (3) 1.5 hour classes per day and Sundays on a monthly basis between 10am - 3pm with a maximum of one (1) 2 hour class.

4. No more than six (6) clients to visit the premises at any given time.

5. No goods shall be displayed for sale or hire.

6. The Home Business is to be operated by the applicant, who must remain a permanent resident on site, at the subject premises, only. The operation of the Home Business by any other person, or its operation at any other premises is not permitted by this approval. This approval is specific to the applicant and cannot be transferred to any other person or to any other site.

7. The Home Business activity must not cause nuisance or degrade the amenity of the neighbourhood in any way, including by reason of the emission of noise, light, vibration, electrical interference, odour, fumes, smoke or other pollutant, vapour, steam, soot, ash, dust, waste water, water products, grit, oil or impact on public safety otherwise.

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

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


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MOTION that the Council resolve to adopt the staff recommendation.

(Cr Elliott – Cr Haynes)

AMENDMENT TO THE MOTION

That a temporary approval for one year be approved to evaluate if street parking as a result of this development application detrimentally affects the locality.

(Cr Johnson – Cr Kiely)

MOTION WAS PUT TO THE VOTE AND LOST (4/7)

For: Crs Henderson, Johnson, Kiely and Lucas

Against: Crs Elliott, Haynes, Jones, Kovalevs, McNamara, Scanlan and Zannino


Add a Condition to the approval as follows:

That the Proponent request attendees not park on verge when attending the studio.

(Cr Kiely – Cr Johnson)


For: Crs Johnson and Kiely

Against: Crs Elliott, Haynes, Henderson, Jones, Kovalevs, Lucas, McNamara, Scanlan and Zannino


Add a Condition to the approval as follows:

That the Proponent request attendees not park under the sugar gums when attending the studio.

(Crs Scanlan – Cr Johnson)


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For: Crs Johnson, Kiely and Scanlan

Against: Crs Elliott, Haynes, Henderson, Jones, Kovalevs, Lucas, McNamara and Zannino

MOTION that the substantive motion be now put.

(Cr McNamara – Cr Jones)

MOTION WAS PUT TO THE VOTE AND LOST (7/4)*

For: Crs Elliott, Haynes, Johnson, Jones, McNamara, Scanlan and Zannino

Against: Crs Henderson, Kiely, Kovalevs and Lucas

(*75% majority required)

Cr Kiely left the Chamber at 8.14pm.

RESOLVED (9/1) TO:

1) Approve the application for a Home Business (Yoga Studio) at Lot 28 (No.64) Swan Street, Guildford subject to the following conditions:

1. This approval is for a 'Home Business' as defined in the City's Local Planning Scheme No.17 and the subject land may not be used for any other use without prior approval of the City.

2. The designated work area for the 'Home Business' is limited to the 29.97m2 section outlined on the approved plans received 28 August 2018.

3. The operating hours of the business shall be limited to between 6:30am - 8pm Monday to Friday and Saturdays 8:30am - 1pm with a maximum of three (3) 1.5 hour classes per day and Sundays on a monthly basis between 10am - 3pm with a maximum of one (1) 2 hour class.

4. No more than six (6) clients to visit the premises at any given time.

5. No goods shall be displayed for sale or hire.

6. The Home Business is to be operated by the applicant, who must remain a permanent resident on site, at the subject premises, only. The operation of the Home Business by any other person, or its operation at any other premises is not permitted by this approval. This approval is specific to the applicant and cannot be transferred to any other person or to any other site.


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7. The Home Business activity must not cause nuisance or degrade the amenity of the neighbourhood in any way, including by reason of the emission of noise, light, vibration, electrical interference, odour, fumes, smoke or other pollutant, vapour, steam, soot, ash, dust, waste water, water products, grit, oil or impact on public safety otherwise.

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

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

For: Crs Elliott, Haynes, Henderson, Johnson, Jones, Kovalevs, McNamara, Scanlan and Zannino

Against: Cr Lucas

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 -Lot 28 (No.64) Swan

Street, Guildford

12/02/2019

1:1500

Home Business(Yoga Studio)

29.97m2

Home Business(Yoga Studio)

29.97m2

3.7 Proposed Home Business (Yoga Studio) - Lot 28 (No.64) Swan Street, Guildford (DA350-18)

proposed home business (yoga studio) - lot 28 (no.64) swan ...€¦ · (yoga studio) within the...

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