final adoption of scheme amendment 143 to local planning … · packaged feed and supplements for...

Ordinary Meeting of Council 05 July 2017

3.1 FINAL ADOPTION OF SCHEME AMENDMENT 143 TO LOCAL PLANNING SCHEME NO.17 - TO INSERT ADDITIONAL USE OF 'SHOP - FARM SUPPLY CENTRE' FOR LOT 280 (NO.543) CAMPERSIC ROAD, MILLENDON

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The proposed scheme amendment for Additional Use ‘Shop – Farm Supply Centre’ is to accommodate the relocation of the Herne Hill Stockfeeds business.

• The Council, at its meeting on the 9 November 2016, resolved to support the proposed amendment for the purposes of advertising.

• The proposal has been advertised for a period of 60 days in accordance with the Planning and Development (Local Planning Schemes) Regulations 2015.

• Advertising closed on the 2 June 2017, with 11 submissions being received. The submissions consisted of: 3 objections, 7 no objections and 1 no comment.

• The main concern that was raised in the submissions related to access/egress issues and traffic and also that a shop in this location is not consistent with the Swan Valley Planning Act 1995.

• The matter relating to traffic can be assessed as part of the development assessment of the proposal. Any modifications to the proposal will be addressed and conditioned at this stage of the planning process.

• The Council already resolved in part that “…there is a need for this business in this area and the current business is relocating an existing use to another location”.

It is recommended that the Council resolve to support proposed Amendment No.143 to Local Planning Scheme No.17 without modification in accordance with Regulation 41(3) of the Planning and Development (Local Planning Schemes) Regulations 2015.


AUTHORITY/DISCRETION

Section 75 of the Planning and Development Act 2005 allows a local government authority to amend its local planning scheme with the approval of the Minister for Planning.

Regulation 35 of the Planning and Development (Local Planning Schemes) Regulations 2015 requires a resolution of a local government to adopt an amendment to a local planning scheme which must specify if the amendment is a “basic amendment”, “standard amendment” or “complex amendment”.

This amendment would be considered as a “complex amendment”, as the proposed Additional Use, ‘Shop – Farm Supply Centre’ is not a use generally supported within a General Rural zone and is not consistent with the City’s Draft Rural Strategy.

Council has discretion, pursuant to regulation 50(3) of the Planning and Development (Local Planning Schemes) Regulations 2015 to support an amendment to a local planning scheme without modification or to support it with proposed modifications to address issues raised within the submissions as a result of advertising, or not to support the amendment.

BACKGROUND

Applicant: Burgess Design Group – Town Planning Owner: J N Baxter and F Baxter Zoning: LPS17 - Swan Valley Rural MRS - Rural Strategy/Policy: N/A Development Scheme: Nil Existing Land Use: Rural Pursuit Lot Area: 4.56 ha Use Class: Shop “X”

DETAILS OF THE PROPOSAL

The proposed Additional Use will enable the development of a business that will operate from a shed of approximately 450m2. The intention is to relocate the existing Herne Hill Stockfeeds business from No.149 William Street, Herne Hill, which has operated for almost 30 years. The business will comprise of a gross leasable area (GLA) used for small item display, office, and sale of rural products being limited to 100m2. Storage and pallet shelving of bulky items, and packing/processing area will be limited to 350m2 GLA.

In summary the business will supply the following to customers directly or via delivery; packaged feed and supplements for horses, poultry, cattle and other ruminants, fodder (baled hay and bagged chaff) and associated farm supplies.

This proposed amendment to the City of Swan Local Planning Scheme No.17 (LPS17) seeks to apply an Additional Use of ‘Shop - Farm Supply Centre’ to Lot 280 (No.543) Campersic Road, Millendon (the subject site), by amending Schedule 2 – Additional Uses of LPS17 as follows:


No. Description of Land Additional Use Conditions

AU- xx Lot 280 (No.543) Campersic Road, Millendon

‘P’ – Shop – Farm Supply Centre’

1. The Shop being limited to a Farm Supply Centre meaning land or buildings used for the handling, processing, packing, storage and/or sale of any rural products by retail and includes incidental administration. Rural products include; stockfeed (hay bales, rolls, chaff or packaged feed), vitamins, minerals, supplements, horse tack (horseshoes, hoof oil etc.) or other rural supplies (stable sawdust, hay nets etc.).

2. The maximum Gross Leasable Area (GLA) used for small item display, office and sale of rural products being limited to 100m2.

3. Storage and pallet shelving of bulky items, and packing/processing area limited to 350m2 GLA.

4. The ‘Shop - Farm Supply Centre’ being accommodated within a building that is sympathetic to the Swan Valley, to the satisfaction of the City.

DESCRIPTION OF SITE

The site is situated in the suburb of Millendon and is approximately 10.5km north east of the Midland town centre. The site has frontage to Hardwick Road to the north, and Campersic Road to the east.

The subject site contains an existing dwelling and various outbuildings/shed. The site is generally void of native vegetation and is used for rural pursuit activities including a small orchard for growing fruit and vegetables and a dressage and jumping arena for the keeping of horses for personal use.


SITE HISTORY/PREVIOUS APPROVALS

20 July 2015 The City received a development application seeking approval for a new 240m2 shed to operate a retail stockfeed business to sell equine, poultry and other feeds on the subject lot. City staff resolved that the proposed development fell within the definition of ‘Shop’ as it involved the retail sale of goods. A ‘Shop’ is an ‘X’ use in the Swan Valley Rural zone and as such the application was refused under Delegated Authority on the 7 October 2015.

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

2 March 2016 The Council resolved to advise the Owner to prepare and submit for Council’s consideration a proposed scheme amendment to Local Planning Scheme No.17 that will provide for discretion to consider the stockfeed business as a ‘Shop’.

9 November 2016 The Council resolved to initiate the proposed amendment for the purposes of advertising.

APPLICANT'S SUBMISSION

The proposed Additional Use will facilitate the relocation of an existing business “Herne Hill Stockfeeds” from No.149 William Street, Herne Hill. This business has operated for almost 30 years and is considered to be compatible with the rural character and traditional agricultural activities of the area.

The applicant’s submission on how the proposal is considered to comply with the Area B objectives of the Swan Valley Planning Act 1995 is provided below:

1) The protection of viticulture. The proposed additional use will not jeopardise the current and potential future use of the site for viticulture purposes given the business will be limited to a maximum Gross Leasable Area (GLA) of 100m2 for small item display, office and sale of rural products, and 350m2 GLA for storage and pallet shelving of bulky items, and packing/processing area.

The proposed additional use will occupy less than 1% of the total site area.

2) The provision of water for viticulture and the discouragement of other activities that have high water demands.

The proposed additional use will have minimal water demands. As such, the use is considered to be consistent with this objective.


3) The encouragement of tourist facilities provided that they do not detract from the rural character of the area.

The proposed additional use is not related to tourism development.

4) The encouragement of traditional activities of the Swan Valley and industries associated with viticulture, horticulture and cottage industry provided that they are compatible with the rural character of the area.

The additional use is compatible with the traditional agricultural activities of the area and compliments a number of land uses that can be considered and permitted by Council within the ‘Swan Valley Rural’ zone, including ‘Agriculture – Extensive’ and ‘Rural Pursuit’.

5) The encouragement of the consolidation of retail and community facilities at Herne Hill, Caversham and West Swan.

The proposed additional use will facilitate the relocation of an existing business Herne Hill Stockfeeds at No.149 William Street, Herne Hill. This business has operated for almost 30 years and is considered to be compatible with the rural character and traditional agricultural activities of the area. As the owners are retiring, the business is likely to close if a prospective purchaser is unable to obtain planning approval for its relocation. This has significant implications as there are few stockfeed businesses within the locality. As such, it is in the best interests of local residents that this proposed additional use be considered by Council.

There is a compelling local demand for existing retail outside of Herne Hill. A petition comprising 117 signatures tabled at the City’s Ordinary Council Meeting on 16 December 2015 is supportive of the business’s relocation and states that it is a necessary service for hobby farms, rural pursuits and rural tourism and is complementary to the rural character. Additionally, community support for the existing business is that it is not located on the highway, given it is difficult to navigate with horses in tow.

5A. The limited expansion of existing retail and community facilities at Herne Hill, Caversham and West Swan where such facilities are required to service the local community.


6) The compatibility of design, siting and landscaping with the character of the area.

The proposed additional use is considered to be rural in nature and compatible with the character and amenity of the Swan Valley given the business is expected to operate from a shed. Established vegetation on site will screen the shed from Campersic Road. Given the shed will not be visible from the street, it therefore imposes no adverse impacts on the rural character of the area.

7) The discouragement of uses that are incompatible with the rural character and traditional agricultural activities of the area.

The proposed additional use will be incidental or ancillary to the predominant rural pursuit activities at the site, including a small orchard for growing fruit and vegetables; and dressage and jumping arena for the keeping of horses for personal use.

The proposed additional use is considered to compliment the recreational rural pursuits in the Swan Valley that include the stabling, rearing and agistment of animals. The proposed business/use will service those land uses through the sale of products required for the keeping of animals.

8) The extraction of basic raw materials so far as it is compatible with the character and amenity of the area and subject to the rehabilitation of the affected land.

No proposed extraction of basic raw materials.

This objective is not applicable to the proposed scheme amendment.

9) The subdivision into lots of less than 4 hectares only where this is consistent with the objective set out in his section.

No proposed subdivision.

This objective is not applicable to the proposed scheme amendment.

CONSULTATION

The proposal was advertised in the local paper and a sign placed on site in accordance with r38 of the Planning and Development (Local Planning Schemes) Regulations 2015 for a period of 60 days.


ASSESSMENT

Local Planning Scheme 17 & Draft Swan Valley Development Plan

Zoning and Use Class Permissibility

The subject lot is zoned ‘Rural’ under the Metropolitan Region Scheme (MRS) and ‘Swan Valley Rural’ under the City’s Local Planning Scheme No.17 (LPS17). A ‘Shop’ is an ‘X’ use in the Swan Valley Rural zone.

“Clause 4.5 ‘Additional Uses’ of LPS17 states:

Despite anything contained within the Zoning Table, the land specified in Schedule 2 may be used for the specific use or uses that are listed in addition to any uses permissible under the Zoning Table in the zone in which the land is situated subject to the conditions set out in Schedule 2 with respect to that land.

Note: An additional use is a land use that is permitted on a specific portion of land in addition to the uses already permitted or permissible in the zone that applies to the land.”

Therefore the applicant has proposed an Additional Use of ‘Shop - Farm Supply Centre’, to provide an opportunity for the local government to exercise its discretion to support the future use by resolving to proceed to advertise the proposed amendment.

In considering whether the proposed use should be supported the following is noted:

- The lot is currently used for rural pursuits (keeping of horses) and small orchard for personal use;

- There is nothing submitted in the application to suggest the lot cannot be used for productive agricultural use;

- The applicant contends that the proposed development would only take up a small proportion of the land and that the existing uses would continue for some agricultural use.

The existing Herne Hill Stockfeeds business is located on a property that is zoned Swan Valley Rural Residential. The proposed location would be easily accessible, is zoned Swan Valley Rural and would continue to service the needs of the local farming community.

- The Council previously considered the amendment and supported it in its proposed location, without specific regard to the potential impact that an increase in traffic would cause. However, it should be noted that it is unlikely to have any significant negative impacts that cannot be resolved at the development approval stage of the planning process.

- The surrounding area has similar lot sizes and is predominantly used for rural pursuits including, grazing, the keeping of horses and small orchards.

The majority of submissions were of support for the relocation of this business and the Council previously resolved that there is a need for this business in this area.


OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to support the proposed amendment for an Additional Use of ‘Shop - Farm Supply Centre’ to Lot 280 (No.543) Campersic Road, Millendon, in accordance with the recommendation.

Implications: It will allow a retail type activity outside the Herne Hill Townsite, which is inconsistent with the Area B Objectives of the Swan Valley Planning Act 1995, which recommend retail to be located within the Townsite.

This is the recommended option.

Option 2: Council may resolve to not support the proposed amendment for an Additional Use of ‘Shop - Farm Supply Centre’ to Lot 280 (No.543) Campersic Road, Millendon.

Implications: The City will advise the Applicant and Owner that the amendment is not supported. The Applicant/Owner has no right of appeal.

This is not the recommended option.

CONCLUSION

The proposed scheme amendment for an Additional Use ‘Shop – Farm Supply Centre’, would result in the construction of a new building to accommodate the relocation of the Herne Hill Stockfeeds business.

The subject lot is zoned ‘Rural’ under the Metropolitan Region Scheme and ‘Swan Valley Rural’ under the City’s Local Planning Scheme No.17. A ‘Shop’ is an ‘X’ use in this zone, however the applicant is proposing it as an additional use to the site, so that all other agricultural activities can continue as permitted under the current zone.

The additional use can be considered compatible with the traditional agricultural activities of the area and complements a number of land uses that can be permitted by Council within the ‘Swan Valley Rural’ zone.

The conditions that are part of the additional use will limit the size of the operation and the goods that are to be sold. A development approval prior to any new buildings or use commencing on the property will assess matters such as access and egress, parking, size and design of the new building.

ATTACHMENTS

Location Plan

Aerial Map

Amendment Plan


STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Planning and Development Act 2004

Planning and Development (Local Planning Schemes) Regulations 2015

Swan Valley Planning Act 1995

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority

RECOMMENDATION

That the Council resolve to:

1) Support proposed Amendment No.143 to Local Planning Scheme No.17 for an Additional Use of ‘Shop - Farm Supply Centre’ to Lot 280 (No.543) Campersic Road, Millendon without modification in accordance with regulation 50. (3) of the Planning and Development (Local Planning Schemes) Regulations 2015.

2) Forward the amendment documentation and the submissions to the Western Australian Planning Commission with a request that the Hon. Minister for Planning grant approval to the amendment and its gazettal without modification.

3) Advise the applicant/owner and those who lodged a submission of the Council decision accordingly.

CARRIED

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Not

ed

final adoption of scheme amendment 143 to local planning … · packaged feed and supplements for...

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