15.9 change of use from 'single house' to … · • the proposal of ‘community...

Ordinary Meeting of Council 02 September 2015

15.9 CHANGE OF USE FROM 'SINGLE HOUSE' TO 'COMMUNITY PURPOSE' AND 'PLACE OF WORSHIP' - LOT 613 (NO.32) DULWICH STREET, BENNETT SPRINGS (DA093-15)

Ward: (Altone Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• This application was deferred by Council at its Ordinary Meeting held on 12 August 2015 to allow Councillors the opportunity to review the traffic management report.

• The application is for a change of use from ‘Single House’ to ‘Community Purpose’ and ‘Place of Worship’ at Lot 613 (No.32) Dulwich Street Bennett Springs.

• The proposal of ‘Community Purpose’ and ‘Place of Worship’ seeks to convert the existing residential dwelling onsite into a facility for community social activities, education, cultural functions and worship services for the Ahlulbayt Community of Western Australia. Minor alterations to the existing dwelling in the form of a detached ablution block and a patio are also proposed.

• The applicant has advised that the facility will accommodate up to 80 people. A total of 31 parking bays have been provided.

• The subject lot is currently zoned ‘Urban Deferred’ under the Metropolitan Region Scheme (MRS) and ‘General Rural’ under the City of Swan Local Planning Scheme No.17 (LPS17) which amongst other objectives seeks to ensure the development of land does not prejudice rural amenities, and to promote the enhancement of rural character. The use classes ‘Community Purpose’ and ‘Place of Worship’ are listed as ‘D’ uses in a ‘General Rural’ zone in the LPS17 zoning table.

• The land is located within the Swan Sub Regional Structure Plan which has identified the subject site as suitable for a primary school and residential purposes.

• The application was advertised to the public for a period of 21 days. A total of 53 submissions were received, with 47 submissions objecting to the proposed development. The objections have cited loss of rural amenity, noise, proliferation of places of worship in the immediate area and traffic as reasons for objection.

• Staff assessed the traffic volumes and concern was raised regarding the potential of an increase in traffic to inconvenience local traffic and the potential future impacts on the Dulwich Street road network should the development be approved.

It is recommended that the Council resolve to refuse the proposed Change of Use from ‘Single House’ to ‘Community Purpose’ and ‘Place of Worship’ on Lot 613 (No.32) Dulwich Street, Bennett Springs as the proposal is not considered to meet the objectives of the 'General Rural' zone. It is also considered to be inconsistent with Clause 10.2(t) of Local Planning Scheme No.17 in that there are inadequate public service utilities available in the form of suitable street lighting on Dulwich Street.


AUTHORITY/DISCRETION

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

BACKGROUND

Applicant: Baha Jasem Owner: Maria Joseph Knight Zoning: LPS17 - General Rural MRS - Urban Deferred Strategy/Policy: State Planning Policy 4.3 (Poultry Farms)

POL-C-129: Development Standards – Vehicle Parking Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Single House Lot Size: 2.7315 ha Use Class: “Place of Worship”, “Community Purpose”

Discretionary ‘D’

DETAILS OF THE PROPOSAL

The applicant is seeking Council’s approval for a change of use from a 'Single House' to ‘Community Purpose’ and ‘Place of Worship’ at Lot 613 (No.32) Dulwich Street, Bennett Springs. The proposed development seeks to accommodate members of the Ahlulbayt Community who adhere to the Shia Islamic faith. As the proposal seeks to accommodate both a combination of cultural, educational and religious functions, the use classes of both 'Community Purpose' and 'Place of Worship' have been applied. In addition to the change of use, the development proposes some minor modifications in the form of a detached ablution block located on the northern side of the building footprint and a gable roofed patio located adjacent to the existing swimming pool. A total of 31 sealed and drained car parking spaces are proposed, with 2 ACROD bays located next to the existing single house.

The applicant has advised that the following activities will take place in the proposed Community Purpose and Place of Worship;

Praying

Praying will take place in the 125m2 main activity area for durations of 10-30 minutes. This will take place on a daily basis, with numbers varying between 10 daily and 40 people on Fridays.

Assembly

Assembly will also take place in the 125m2 main activity area. ‘Assembly’ will consist of a broad range of activities including lectures, funeral services, weddings and festivals. This will occur on a weekly basis and consist of up to 40 persons, with special occasions such as festivals and weddings involving up to 80 people on several occasions per year.


Cultural and language education

This will consist of general cultural and language lectures and language tutoring. This will be located in the 45m2 class rooms and secondary activity area. This will occur on a weekly basis and involve up to 20 people.

A copy of this schedule is included as an attachment.

DESCRIPTION OF SITE

The subject lot is a corner property which addresses Dulwich Street which is described as an access road. The secondary street is the undeveloped portion of Cranleigh Street which runs along the northern lot boundary. The surrounding properties consist of rural style properties ranging in size between 2ha to 4ha with detached or semi-detached dwellings. Dulwich Street adjoins Marshall Road which serves as the local distributor road. The subject site totals 2.7315ha in area and consists of an existing single house, several incidental outbuildings and 2 dams, with the topography of the site being relatively flat. The subject site is located approximately 200m from the Swan Valley Egg Farm and within 500m of other establishments such as the Cambodian Welfare and Cultural Centre at Lot 42 Coast Road, Bennett Springs and the Sikh Temple at Lot 597 Cheltenham Street, Bennet Springs.

SITE HISTORY/PREVIOUS APPROVALS

DA-3979/1987 – Shed (approved under delegated authority)

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

DA-551/2009 Proposed Sikh Temple and Educational and Cultural Centre (Place of Worship) - Lot 597 (No. 10) Cheltenham Street West Swan (Now known as Bennett Springs) - Approved by Council on 16 December 2009.

DA-825/2007 Proposed Hindu Temple, Lot 47 (No. 211) Marshall Road Bennett Springs - Approved by Council on 4 November 2009

DA-12040/1999 Cultural Centre Lot 42 Coast Road Bennett Springs (Approved under delegated authority)

APPLICANT'S SUBMISSION

In support of the proposed development, the applicant has provided the following:

"We seek to establish a community centre that has, in its vicinity, a variety of centres and worshipping places of a multitude of religions and cultures. We are Muslims and our congregation follows the Shia school of thought. The founding fathers of our organisation migrated to Australia over 40 years ago and we have been actively involved in the local community with a very good record with the wider Muslim community and also religions of other faiths. It is to be noted that there is no official Shia Centre in the entire state of Western Australia. However, this has not deterred us from being involved


in numerous interfaith forums and has not hindered us from engaging with the wider community and be productive members of this society. As much as we are proud Muslims, we are also proud Australian Citizens; we respect Australia – its government and its laws.

Even though we might come from different nationalities, we have made Australia our home. That being said, we also stand firmly against racism, extremism and in particular Islamic radicalisation. We are not affiliated with any political parties (domestic and international) and do not intend to do so in the future. This fact can be attested in our constitution as well. We also attend forums and seminars in order to work with the Australian Federal Police and any relevant stakeholders to ensure the safety of Australia and its inhabitants. Our membership demographics include people of all ages with most of our youth being second generation Australian Muslims.

As mainstream Shia Muslims, we adopt a moderate ideology and strongly believe and promote coexistence. The neighbouring residents can be assured that with regards to our religious affiliation, there is nothing for them to be concerned about. We strictly abide to the local laws and we follow the rules and regulations set by the local Council. We would like to inform our neighbours that it is our obligatory duty to keep harmony, and honour and respect our neighbours or anyone else for that matter."

PUBLIC CONSULTATION

The application underwent the following public consultation process:

- Letters to neighbours within a 1 kilometre radius for a period of 21 days; and

- A sign on site advertising the proposal for a period of 21 days.

A total of 53 submissions were received, with 47 submissions objecting to the proposed development. It is noted that several submissions were received from the same properties within the advertising area. A summary of the issues of objection is as follows:

- Loss of rural amenity;

- Noise;

- Loss of property values;

- Allowing such a development would prejudice the future development potential;

- Concern with the ‘ultimate’ built form of the site;

- Proliferation of places of worship in the immediate area; and

- Traffic and capacity of the road network to handle increases in traffic.

It is noted that loss of property values is not a valid planning consideration and will not be discussed further. The balance of the other concerns will be discussed further in the report.


CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Department of Water

Comment was sought from the Department of Water (DoW) with regard to the change of use from 'Single House' to ‘Community Purpose’ and ‘Place of Worship’. The DoW has advised that the lot has no water constraints and is not within a public drinking water source area (PDWSA) and therefore has no comments to provide.

DETAILS

Zoning and Permissibility of Use

The proposed development is classified as ‘Community Purpose’ and ‘Place of Worship’. ‘Community Purpose’ is defined under Local Planning Scheme as:

"Means the use of the premises designed or adapted primarily for the provision of educational, social or recreational facilities or services by organisations involved in activities for community benefit."

‘Place of Worship’ is defined under the Local planning Scheme as:

"Means premises used for religious activities such as a church, chapel, mosque, synagogue or temple."

The subject lot is currently zoned ‘General Rural’ under the City’s LPS17. The objectives of the 'General Rural' zone are listed as follows:

a) facilitate the use and development of land for a range of productive rural activities, which will contribute towards the economic base of the region;

b) provide for a limited range of compatible support services to meet the needs of the rural community, but will not prejudice the development of the land elsewhere which is specifically zoned for such development;

c) ensure the use and development of land does not prejudice rural amenities, and to promote the enhancement of rural character; and

d) ensure that development of the and land management are sustainable with reference to the capability of land and the natural resource values.

The use classes ‘Community Purpose’ and ‘Place of Worship’ are deemed ‘D’ uses within a General Rural Zone under LPS17, meaning the use is not permitted unless Council has exercised its discretion by granting planning approval.

The application will be considered against each of these objectives in turn.

In relation to Objective a) the proposed development does not seek to facilitate the use and development of land for a range of productive activities, but rather convert an existing dwelling and incidental outbuildings into a facility for the Ahlulbayt Community of West Australia to undertake community based and worship activities. No incidental activities relating to utilising the land for the purpose of productive rural activities are proposed and accordingly it is considered that the development is not consistent with Objective a).


In relation to Objective b), the proposed development is considered not to meet the needs of the immediate rural community in Dulwich Street in terms of the provision of compatible services given the number of submissions received from people in the immediate area objecting to the development. It is considered that the proposed development seeks to capitalise on the relatively large size of the lot which is available at a cost significantly less than that of a similar sized lot zoned for the purposes of commercial, industrial or residential development. It is considered that such a development proposal would be better suited to land zoned for aforementioned residential, commercial and industrial purposes rather than land zoned ‘General Rural’ under the Scheme where there appears to be no discernible need for a place of worship.

In relation to Objective c), it is considered that the proposal is unlikely to prejudice the rural amenity and character of the immediate area with regard to streetscape and building bulk given that the current proposal seeks to convert an existing single house and incidental outbuildings for the purposes of ‘Community Purpose’ and ‘Place of Worship’. The provision of 31 sealed and drained car spaces is not considered to have an impact on rural amenity given it consists of at grade car parking which is not visible from Dulwich Street and could be screened from adjoining landowners by vegetation if necessary. However, the proposed development could not be seen as promoting the enhancement of rural character in terms of the proposed land use, with the proposed development consisting of ‘Community Purpose’ and ‘Place of Worship’ surrounded by land predominantly consisting of relatively large parcels of land ranging between 2ha and 4ha with detached and semi-detached dwellings and rural vegetation and engaging in predominantly rural type activities.

In relation to objective d), with the exception of some minor clearing of vegetation for the proposed car parking area, the proposed development in its current format is considered to meet the objective of development and management of the land being sustainable.

In light of the above, it is considered that the proposal does not meet the objectives of the 'General Rural' zone as set out in Local Planning Scheme No. 17 with regard to Objectives a), b) and c), but is compliant with Objective d).

Loss of rural amenity

Various submissions raised concern that allowing such a development would result in the loss of rural amenity. As the proposed development seeks to convert the existing single house to that of ‘Community Purpose’ and ‘Place of Worship’, the built form of the subject lot would remain the same. The car parking area is set well behind the existing dwelling and would not be able to be viewed from Dulwich Street. It is noted however that there would be an increase in vehicle traffic as a result of approving such a development and this increase in vehicle traffic on Dulwich Street which is a relatively narrow access road could be detrimental on rural amenity.

Noise

Concern has been raised in several submissions that a 'Community Purpose' facility and 'Place of Worship' would create an unreasonable level of noise during prayer services and events such as weddings. It is noted that noise levels generated onsite would be controlled under the Environmental Protection (Noise) Regulations 1997.


Proposal impacting on the long-term development potential

Several submissions have been received objecting to the development on the grounds that it would affect the future development potential of the Bennett Springs area currently zoned ‘General Rural’. The subject lot and the surrounding properties are currently zoned ‘Urban Deferred’ under the MRS. In order to lift the ‘Urban Deferred’ zoning under the MRS, existing environmental matters relating to the existing Swan Egg Farm would have to be resolved to the satisfaction of the Western Australian Planning Commission (WAPC). To date, these matters have not been resolved.

The site is situated within the Swan Urban Growth Corridor subregional structure plan area which broadly identifies the General Rural zoned portion of Bennett Springs as suitable for residential development, with the majority of Lot 613, (No.32) Dulwich Street identified as an area for a primary school. While potential exists to accommodate the proposed development in its current format and a proposed primary school on the site, it is important to note that this sub-regional structure plan has no statutory weight and cannot be further progressed until significant environmental issues are resolved.

Concern with ‘Ultimate’ built form of the development

Concern has been raised with regard to the ‘ultimate’ built form of the Community Purpose and Place of Worship development, with several objectors referring to the Ahlulbayt Community Islamic Centre project brochure on the Ahlulbayt Community of Western Australia website. The brochure indicates a two stage project, with the second stage proposing the construction of a new cultural centre of a much larger size and scale than that of the current proposal to convert the existing single house to a Community Purpose and Place of Worship facility. This application seeks planning approval for a change of use only, with the only modifications to the existing single house being the construction of a proposed detached ablution facility, a patio affixed to the dwelling and 31 sealed and drained parking bays. If approved, any modifications or additions would require future approvals from the City.

Proliferation of places of worship in Bennett Springs area.

Numerous submissions were received objecting to the proposed development, citing a proliferation of Places of Worship in the Bennett Springs area. It is noted that the area contains several places of worship and community purpose facilities such as the Hindu Temple at No.211 Marshall Road, the Sikh Temple at No.10 Cheltenham Street and the Cambodian Welfare and Cultural Centre of Western Australia at Lot 42 Coast Road. There is no planning framework that governs the number of places of worship that might be allowed in a particular area and each respective application for development is required to be assessed on its individual merits.

State Planning Policy 4.3 – Poultry Farms Policy

The subject Lot is located within the 500m poultry buffer as measured from the Swan Valley Egg Farm. As the development is not residential or rural residential in nature and does not propose any caretaker facilities, an assessment on the impact of odours associated with the Poultry farm in not considered necessary.

POL-TP-129 Vehicle Parking Standards

Under the City’s Building and Development Standards POL-TP-129 – Vehicle Parking Standards, the use class ‘Place of Worship’ requires the parking provision of 1 car space for every 4 persons accommodated. The applicant has advised that a maximum of 80 persons will be accommodated. A total of 31 parking bays have been provided which is more than the required parking provision.


Traffic and capacity of the road network to handle expected increases in traffic

Numerous submissions have been received objecting to the proposed development on traffic and road safety grounds. The submissions contend that by approving such a development, there will be a an increase in vehicle traffic thus increasing the potential for motor vehicle accidents and that Dulwich Street is in a poor condition, with no street lighting, signage or median strip.

To address concerns relating to traffic the applicant has provided a transport statement which gives an overview of the proposed development and the daily traffic volumes and vehicle types. The traffic statement contends that the increase in traffic volume associated with the development of the Ahlulbayt Community Centre would have a very low impact on traffic flows on Marshall Road which serves as the local distributor road. It is noted however that the traffic statement does not take into account the potential for wait times to be increased at the Dulwich Street and Marshall Road intersection. The traffic statement states that the road width is 7m, though the wearing course is generally between 5.5m and 6m. This width is still sufficient for two cars to pass safely.

In accordance with the information provided by the applicant, events that draw larger numbers of people such as Friday prayers, monthly gatherings, major festivals and ceremonial occasions such as weddings and funerals run for a duration of between 20 minutes and two hours. During these occasions a much higher than normal number of vehicles can be expected to ingress and egress Dulwich Street. This will more than likely inconvenience local traffic on Dulwich Street, albeit for short periods of time.

The traffic statement mentions the bus stops bus does not include information on bus routes and timetables to determine if the public transport would be appropriate for the times of function.

There is currently no street lighting on Marshall Road and Western Power have advised that it would prove difficult to install. The development would increase the use of Dulwich Street during evening and night periods which would not be recommended given no street lighting exists.

Furthermore, staff have received a letter from the nearby Sikh temple at No.10 Cheltenham Street contending that since the opening of the Sikh temple, traffic conditions have become increasingly unsafe due to the lack of suitable turning lanes and pocket lanes from Marshall Road into Cheltenham Street and have in turn requested such upgrades to Marshall Road as well as the construction of a concrete footpath from Marshall Road to Lord Street to facilitate access to the temple for pedestrian traffic.

In light of the above and the potential for similar problems to occur should the proposed development be approved, it is recommended the development application not be approved.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to grant planning approval to the proposed Change of Use from ‘Single House’ to ‘Community Purpose’ and ‘Place of Worship’ subject to conditions.

Implications: The applicant will be able to utilise the existing single house for the purposes of ‘Community Purpose’ and ‘Place of Worship’.

This is not the recommended option.


Option 2: Council may resolve to refuse to grant approval to the proposed Change of Use from ‘Single House’ to ‘Community Purpose’ and ‘Place of Worship’ on the basis that the proposal does not meet the objectives of the General Rural zone as defined in Local Planning Scheme No.17 and is inconsistent with Clause 10.2(s) of Local Planning Scheme No.17 as to whether public utility services are available and adequate for the proposal.

Implications If aggrieved with Council’s decision, the applicant has the right of review to the State Administrative Tribunal within 28 days of Council’s Decision.

This is the recommended option.

CONCLUSION

An application has been received by the City for a Change of Use from ‘Single House’ to ‘Community Purpose’ and ‘Place of Worship’ at Lot 613 (No.32) Dulwich Street, Bennet Springs. The development proposes minor alterations and additions to the existing single house to facilitate the proposed changes of use as well the construction of 31 car parking spaces.

The subject lot is zoned 'Urban Deferred' under the MRS and 'General Rural' under the City’s LPS17. The use classes ‘Community Purpose’ and ‘Place of Worship’ are ‘D’ (Discretionary) uses in the General Rural zone.

The proposal was advertised to the public for 21 days. 53 submissions were received, with 47 submissions objecting to the proposed development. The objections cited the loss of rural amenity, noise, proliferation of places of worship in the immediate area and traffic as reasons for objections.

It is considered that the proposal does not meet the objectives of the General Rural zone as defined in the City’s LPS17, given the development does not facilitate the use and development of land for a range of productive rural activities, which will contribute towards the economic base of the region, nor is the proposal considered a compatible support service to meet the needs of the rural community, with regard to Dulwich Street. Furthermore, the proposed development is considered to not meet the objectives of Clause 10.2(t) of the City’s LPS17 as street lighting is currently not available on Dulwich Street.

It is recommended that Council resolve to refuse to grant planning approval to the proposed Change of Use from 'Single House' to 'Community Purpose' and 'Place of Worship'.

ATTACHMENTS

Location plan

Site, floor and elevation plans

Timetable

Traffic Statement


STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Nil

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve:

1) Pursuant to Local Planning Scheme No.17, to refuse to grant approval to the proposed Change of Use from ‘Single House’ to ‘Community Purpose’ at Lot 613 (No.32) Dulwich Street, Bennet Springs for the following reasons:

1. The proposed Change of Use from 'Single House' to 'Community Purpose' and 'Place of Worship' does not meet the objectives of the General Rural zone as outlined in Clause 4.2.23 of the City’s Local Planning Scheme No.17.

2. The proposed Change of Use from 'Single House' to 'Community Purpose' and 'Place of Worship is inconsistent with Clause 10.2(t) of Local Planning Scheme No.17 in that there are inadequate public service utilities available in the form of suitable street lighting on Dulwich Street.

2) To advise the applicant/owner and all those who lodged a submission of the Council’s decision accordingly.

MOTION that the Council resolve to:

1) Defer consideration of the item to the Ordinary Meeting of Council to be held on 23 September 2015.

2) Record the reason for changing the staff recommendation is to allow the applicant to conduct an independent traffic management study.

(Cr Congerton - Cr Williams)

RESOLVED (6/5) TO:

1) Defer consideration of the item to the Ordinary Meeting of Council to be held on 23 September 2015.

2) Record the reason for changing the staff recommendation is to allow the applicant to conduct an independent traffic management study.


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15.9 change of use from 'single house' to … · • the proposal of ‘community...

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