KEY ISSUES

KEY ISSUES

Ordinary Meeting of Council 05 March 2014 Page 1 3.9 PROPOSED FACTORY WAREHOUSE - LOT 63 (NO.134) MULGUL ROAD, MALAGA Ward: (Ballajura Ward) (Statutory Planning) Disclosure of Interest: Nil Authorised Officer: (Executive Manager Planning) KEY ISSUES The application is for a 985m2 factory warehouse building with ancillary front office at Lot 63 (No.134) Mulgul Road, Malaga. The subject land is zoned “Industrial” under the Metropolitan Region Scheme and “General Industrial”: under the City’s Local Planning Scheme No17. The proposal is a “P” use within the “General Industrial” zone. The development proposes variations to the plot ratio, car parking and landscaping development provisions of the scheme, having a plot ratio of 0.65 to 1 (max is 0.6:1), 5% site landscaping where 10% is the standard and 15 parking bays (11 external and 4 internal) where the standard is 30 bays.

The proposed building bulk is not out of character with surrounding development and so the plot ratio variation is not significant. Similarly the extent of landscaping, concentrated in a 3 metre wide strip to the front is considered acceptable.

The shortfall of 15 bays, a 50% variation to the parking standard, has the potential to be problematic. An increase in employees or customers visiting the site, which may arise out of the normal growth of the business, may entail overflow parking into the City’s verges. The City’s policy Construction of Privately Funded Parking Areas within a Road Reserve does contemplate the provision of public verge parking by applicants in lieu of parking onsite. The adopted Malaga Parking Implementation Strategy 2011 envisages potential public parking in the verge of Mulgul Road, east of Cogla Street, at or after 2017.

Accordingly the applicant may construct the shortfall of 14 bays within a designated location within Mulgul Road, to the City’s specifications, or alternatively make payment to the City for the cost of the same.

It is recommended that the Council approve the application for Factory Warehouse at Lot 63 (No.134) Mulgul Road, Malaga subject to the provision of 14 car parking bays in the Mulgul Road verge and other standard conditions.

Ordinary Meeting of Council 05 March 2014 Page 2 AUTHORITY/DISCRETION Council has discretion pursuant to Clause 10.3 of LPS 17 to determine applications for planning approval. BACKGROUND Applicant: Anthony Michael Designs Owner: Samata Property Pty. Ltd. (Directors: Michael Samata & Rosaria Samata) Zoning: TPS - General Industrial MRS - Industrial Strategy/Policy: Pol-C-101 Construction of Privately Funded Parking Areas within a Road Reserve Development Scheme: NA Existing Land Use: Vacant Lot Size: 1509m2 Lot Area: Use Class: “Industry: General” “P”, “Warehouse” “P” DETAILS OF THE PROPOSAL The application proposes a 985m2 factory warehouse building comprising 797m2 of factory workshop, 72m2 of mezzanine storage space, 105m2 of rear yard and 118m2 of front office.

A front forecourt area will contain 11 parking bays with 57m2 of landscaping strip along the front boundary DESCRIPTION OF SITE The subject lot is a regularly configured vacant rectangular lot situated on the southern side of Mulgul Road to the west of its intersection with Iron Street. APPLICANT'S SUBMISSION The applicant has provided the following justification for the variations to the Scheme parking and plot ratio standards: - The proposed development is for a family business with only six employees. Two of the employees are mainly on the road installing and delivering. We have 14 car bays and a disabled car bay totalling 15 bays.

If everyone is onsite, there will still be 9 bays vacant for nay salesperson or customers.

- The ground floor complies with the 0.6:1 plot ratio. The extra floor area is the mezzanine storage above the office. - We are only 4% or 64.5m2 over the requirement. - The extra storage is contained within building footprint which complies with the required plot ratio.

Ordinary Meeting of Council 05 March 2014 Page 3 DETAILS Zoning and Permissibility of Use The subject lot is zoned “General Industrial” under the City’s Local Planning Scheme No.17 and the proposed uses, “Warehouse” and “Industry: General” (for factory) are “P” uses within this zone. Development Standards – Setbacks, Plot Ratio, Height and Landscaping The proposed building complies with the Scheme setback and building height requirements.

It proposes to vary the plot ratio and landscaping requirements proposing a plot ratio of 0.65:1 where 0.6:1 is the standard and 5% site landscaping where 10% is the standard.

The proposed building bulk is not out of character with surrounding development and so the plot ratio variation, arising from the internal mezzanine space, is not significant. Similarly the extent of landscaping, concentrated in a 3 metre wide strip to the front, is considered acceptable. Car Parking The application proposes a total of 15 parking bays, comprising 11 external bays and 4 internal loading bays within the workshop floor. The Scheme standards of 3 bays per 100m2 for General Industry use and 4 bays per 100m2 for office use amount to a requirement of 30 bays for this development - a proposed shortfall of 15 bays.

The shortfall of 15 bays, a 50% variation to the parking standard, has the potential to be problematic. An increase in employees or customers visiting the site, which may arise out of the normal growth of the business, may entail overflow parking into the City’s verges.

The City’s policy Construction of Privately Funded Parking Areas within a Road Reserve does contemplate the provision of public verge parking by applicants in lieu of parking onsite. The adopted Malaga Parking Implementation Strategy 2011 envisages potential public parking in the verge of Mulgul Road, east of Cogla Street, at or after 2017. Accordingly the applicant may construct the shortfall of 14 bays within a designated location within Mulgul Road, to the City’s specifications, or alternatively make payment to the City for the cost of the same.

It is recommended that this requirement be imposed as a condition of any approval of the application.

Ordinary Meeting of Council 05 March 2014 Page 4 OPTIONS AND IMPLICATIONS Option 1: Council may resolve to approve the application for Factory Warehouse at Lot 63 (No.134) Mulgul Road, Malaga subject to the provision of 15 car parking bays in the Mulgul Road verge and other standard conditions. This is the recommended option. Implications: The provision of 15 bays will come at an estimated cost to the applicant of approximately $52,500 (at $3500 per bay). It will ensure that any future parking demand entailed by this business or a subsequent business that may occupy the building will be provided for.

If aggrieved with the decision the applicant has a right of review to the State Administrative Tribunal.

Option 2: Council may resolve to: 1) Approve the application for a proposed Factory Warehouse at Lot 63 (No.134) Mulgul Road, Malaga with a dispensation for a shortfall of 15 car parking bays subject to the following conditions: 1. This approval is for “Industry: General” and “Warehouse” as defined in the City’s Local Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City. 2. The office area/s is incidental to and associated with the predominant approved “Industry: General” and “Warehouse” uses and cannot be used as stand-alone "office/s" which is a prohibited use within land zoned General Industrial under the City's Local Planning Scheme No.

17. 3. Use of the site for the purpose approved shall not commence until an Occupancy Permit is issued.

4. The parapet wall and footings shall be constructed inside the allotment. 5. Provision must be made for access and facilities for use by people with disabilities in accordance with provisions of the Building Code of Australia and AS 1428.1. 6. Vehicle access onto the site shall be restricted to that shown on the approved site plan. 7. A total of 15 parking bays shall be provided onsite, each measuring 5.5 x 2.5 metres, clearly marked on the ground and served by a 6 metre wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5 metres is required.

Disabled bays to comply with Australian Standard 2890.6.

8. 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.

Ordinary Meeting of Council 05 March 2014 Page 5 9. All pavement 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. 10. 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.

11. Prior to making application for a Building Permit, the applicant/owner 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 permit application and be in accordance with the City of Swan Property Development Design Guidelines and its relevant specifications.

12. Refuse bin areas adequate to service the development shall be provided to the satisfaction of the City’s Principal Environmental Health Officer before the development is occupied or used. 13. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting. This is not the recommended option. Implications: Future growth of this business or a subsequent business occupying this building may generate parking demand beyond the 15 bays provided onsite. CONCLUSION An application has been submitted for a proposed Factory Warehouse at Lot 63 (No.134) Mulgul Road, Malaga.

The proposed uses are “P” uses within the General Industrial zoning of the land under LPS 17 and the proposal complies with Scheme setback and building height development standards. A minor variation to plot ratio is considered acceptable as is the proposed 5% site landscaping.

The development proposed a 50% onsite parking shortfall which is considered to have the potential to create future overflow parking problems. In accordance with the City’s policy Construction of Privately Funded Parking Areas within a Road Reserve and the adopted Malaga Parking Implementation Strategy 2011 it is recommended the applicant construct the shortfall of 14 bays within a designated location within Mulgul Road, to the City’s specifications, or alternatively make payment to the City for the cost of the same. Conditional approval on this basis is recommended.

ATTACHMENTS Location Plan

Ordinary Meeting of Council 05 March 2014 Page 6 Site Plan Elevations STRATEGIC IMPLICATIONS Malaga Parking Implementation Strategy 2011 STATUTORY IMPLICATIONS Local Planning Scheme No.17 FINANCIAL IMPLICATIONS Nil VOTING REQUIREMENTS Simple majority RECOMMENDATION That the Council resolve to: 1) Approve the application for a proposed Factory Warehouse at Lot 63 (No.134) Mulgul Road, Malaga subject to the following conditions: 1. This approval is for “Industry: General” and “Warehouse” as defined in the City’s Local Planning Scheme No.17 and the subject land may not be used for any other use without the prior approval of the City.

2. The office area/s is incidental to and associated with the predominant approved “Industry: General” and “Warehouse” uses and cannot be used as stand-alone "office/s" which is a prohibited use within land zoned General Industrial under the City's Local Planning Scheme No. 17. 3. Use of the site for the purpose approved shall not commence until an Occupancy Permit is issued.

4. The parapet wall and footings shall be constructed inside the allotment. 5. Provision must be made for access and facilities for use by people with disabilities in accordance with provisions of the Building Code of Australia and AS 1428.1. 6. Vehicle access onto the site shall be restricted to that shown on the approved site plan.

Ordinary Meeting of Council 05 March 2014 Page 7 7. A total of 15 parking bays shall be provided onsite, each measuring 5.5 x 2.5 metres, clearly marked on the ground and served by a 6 metre wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5 metres is required.

Disabled bays to comply with Australian Standard 2890.6. 8. The applicant/owner is to construct 15 parking bays within a location designated within the Mulgul Road verge, to the specifications of the City, or alternatively is to make payment to the City for the provision of such bays ta a rate of $3500 per bay.

9. 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. 10. All pavement 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. 11. 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.

12. Prior to making application for a Building Permit, the applicant/owner 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 permit application and be in accordance with the City of Swan Property Development Design Guidelines and its relevant specifications.

13. Refuse bin areas adequate to service the development shall be provided to the satisfaction of the City’s Principal Environmental Health Officer before the development is occupied or used. 14. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting. ADVICE NOTES i. Take notice that it is the responsibility of the applicant to advise the landowner(s) and/or builder(s) of the need to satisfy the requirements of the conditions of the planning approval for the subject lot, prior to or on lodgement of Building Applications. The City will not issue a Building Permit until all the conditions of planning approval and any other requirements pertaining to this planning approval have been met (including payment of fees and charges).

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

Ordinary Meeting of Council 05 March 2014 Page 8 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. iv. The Developer must ensure that compliance with the access and facilities for disabled requirements of the Building Code of Australia and all other relevant Australian Standards in respect of access and facilities for the disabled are met.

v. The applicant/owner shall obtain a Building Permit for pylon sign/s prior to the construction of all pylon sign/s onsite. 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 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.

vii.

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

MOTION that the Council resolve to: 1) Approve the application for a proposed Factory Warehouse at Lot 63 (No.134) Mulgul Road, Malaga with a dispensation for a shortfall of 15 car parking bays subject to the following conditions: 1. This approval is for “Industry: General” and “Warehouse” as defined in the City’s Local Planning Scheme No.17 and is limited to the operation from the premises of "M & S Glass". A further application for planning approval will be required prior to any occupation of the premises by any other business. 2. The office area/s is incidental to and associated with the predominant approved “Industry: General” and “Warehouse” uses and cannot be used as stand-alone "office/s" which is a prohibited use within land zoned General Industrial under the City's Local Planning Scheme No.

17. 3. Use of the site for the purpose approved shall not commence until an Occupancy Permit is issued.

4. The parapet wall and footings shall be constructed inside the allotment.

Ordinary Meeting of Council 05 March 2014 Page 9 5. Provision must be made for access and facilities for use by people with disabilities in accordance with provisions of the Building Code of Australia and AS 1428.1. 6. Vehicle access onto the site shall be restricted to that shown on the approved site plan. 7. A total of 15 parking bays shall be provided onsite, each measuring 5.5 x 2.5 metres, clearly marked on the ground and served by a 6 metre wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5 metres is required.

Disabled bays to comply with Australian Standard 2890.6.

8. 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. 9. All pavement 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. 10. 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.

11. Prior to making application for a Building Permit, the applicant/owner 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 permit application and be in accordance with the City of Swan Property Development Design Guidelines and its relevant specifications.

12. Refuse bin areas adequate to service the development shall be provided to the satisfaction of the City’s Principal Environmental Health Officer before the development is occupied or used. 13. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting. 2) Record the reason for changing the recommendation is to acknowledge that the provision of 15 parking bays onsite is sufficient for the needs of the occupant of the proposed development - "M & S Glass" - but that any subsequent occupants may have a greater parking demand that may warrant further consideration, at that time, of the provision of public parking bays within the Mulgul Road verge.

(Cr Congerton – Cr McNamara)

Ordinary Meeting of Council 05 March 2014 Page 10 RESOLVED UNANIMOUSLY TO: 1) Approve the application for a proposed Factory Warehouse at Lot 63 (No.134) Mulgul Road, Malaga with a dispensation for a shortfall of 15 car parking bays subject to the following conditions: 1. This approval is for “Industry: General” and “Warehouse” as defined in the City’s Local Planning Scheme No.17 and is limited to the operation from the premises of "M & S Glass". A further application for planning approval will be required prior to any occupation of the premises by any other business. 2. The office area/s is incidental to and associated with the predominant approved “Industry: General” and “Warehouse” uses and cannot be used as stand-alone "office/s" which is a prohibited use within land zoned General Industrial under the City's Local Planning Scheme No.

17. 3. Use of the site for the purpose approved shall not commence until an Occupancy Permit is issued.

4. The parapet wall and footings shall be constructed inside the allotment. 5. Provision must be made for access and facilities for use by people with disabilities in accordance with provisions of the Building Code of Australia and AS 1428.1. 6. Vehicle access onto the site shall be restricted to that shown on the approved site plan. 7. A total of 15 parking bays shall be provided onsite, each measuring 5.5 x 2.5 metres, clearly marked on the ground and served by a 6 metre wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5 metres is required.

Disabled bays to comply with Australian Standard 2890.6.

8. 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. 9. All pavement 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. 10. 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.

11. Prior to making application for a Building Permit, the applicant/owner 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 permit application and be in accordance with the City of Swan Property Development Design Guidelines and its relevant specifications.

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