proposed reception centre (conversion of existing … · 3.7 proposed reception centre (conversion...

Ordinary Meeting of Council 10 May 2017

3.7 PROPOSED RECEPTION CENTRE (CONVERSION OF EXISTING SINGLE HOUSE) - LOT 17 (NO.130) HADDRILL ROAD, BASKERVILLE (DA548-16)

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

Disclosure of Interest: Nil.

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• Planning approval is sought for the conversion of the existing Single House on the subject site into a Reception Centre.

• The subject site is zoned ‘Rural’ under the Metropolitan Region Scheme (MRS), and ‘Swan Valley Rural' under the City's Local Planning Scheme No.17 (LPS17). A ‘Reception Centre’ in an ‘A’ use within this zone.

• The application was referred to the Swan Valley Planning Committee (SVPC) which did not provide any comments on the proposal. Accordingly, it is considered that the SVPC has no advice to give on the application.

• Notwithstanding the above, City staff have undertaken an assessment of the proposal against the objectives of the Swan Valley Planning Act 1995 and consider the proposal consistent with those objectives.

• The application was advertised to adjoining landowners during which time 6 submissions were received, including 3 objections on the grounds of adverse visual impact, noise, adverse impact of increased traffic and effluent disposal issues.

• The use of the existing dwelling means that there will be no change to the visual appearance of the property. Traffic can be accommodated within the capacity of the existing local road network and levels of noise generated should not exceed the prescribed levels under the Environmental Protection (Noise) Regulations 1997. The site is capable of on-site effluent disposal.

It is recommended that the Council approve the application for the Reception Centre at Lot 17 (No.130) Haddrill Road, Baskerville subject to conditions.

AUTHORITY/DISCRETION

Council has discretion in accordance with Clause 10.3 of Local Planning Scheme No.17 (LPS17) to approve (with or without conditions) or refuse to approve the application. If the applicant is aggrieved with the decision of Council, a right of appeal may exist in accordance with Part 3 of the State Administrative tribunal Act 2004 and Part 15 of the Planning and Development Act 2005.


BACKGROUND

Applicant: Tracy Hoffman Owner: Timothy Hoffman and Tracy Hoffman Zoning: LPS17 - Swan Valley Rural MRS - Rural Strategy/Policy: • Draft Swan Valley Development Plan

• Local Planning Policy POL-TP-126 - Rural Zones – Building and Development Standards

• Local Planning Policy POL-TP-129 - Vehicle Parking Standards

Development Scheme: Local Planning Scheme No.17 Existing Land Use: Single House Lot Area: 1.8974ha Use Class: Reception Centre Use Class Permissibility: A

DETAILS OF THE PROPOSAL

The existing dwelling on the subject site is proposed to be converted into a Reception Centre. The Reception Centre will almost exclusively host wedding ceremonies however a small number of corporate or private functions are also expected. The existing business on the subject site, "Swan Valley Fish and Lily Farm" will continue to remain on the property. Details of the overall proposal are as follows:

• Most functions are anticipated to run between September and April each year. The majority of wedding ceremonies are intended to occur on a Friday, Saturday or Sunday however an occasional Thursday evening wedding may occur.

• The venue will not have a commercial kitchen. Rather, outside catering services will be utilised.

• Operating hours as follows:

o Monday - Wednesday 10am to 6pm

o Thursday 10am to 10pm

o Friday - Sunday 10am to 12am

• Maximum six employees.

• Maximum 130 patrons visiting the site at any one time.

• A total of 42 car parking bays are proposed plus two delivery vehicle loading bays. All bays and the associated manoeuvring area are to be gravel.

• A brick and sandstone entry statement is to be constructed at the existing western vehicle entrance to the subject site.


• A 3m wide landscape strip along the frontage of the property. Additional landscaping (including the planting of grape vines) is to occur throughout the site.

• A proposed 90m2 outbuilding (i.e. 15m x 6m) to store wedding/function furniture, a coolroom and equipment used for general property maintenance. The outbuilding will have a wall and overall height of 3m and 3.64m respectively. The outbuilding is to be setback 10m from the western boundary of the subject site.

• The applicant wishes to serve alcohol to wedding/function guests and intends to apply for a licence from the Department of Racing, Gaming and Liquor. It is noted that any such licence would be subject to a separate process under the Liquor Control Act 1988.

DESCRIPTION OF SITE

The subject site fronts Haddrill Road and is located approximately 590m from the intersection with Railway Parade, to the west of the site. The Feral Brewery abuts the subject site to its eastern boundary.

The subject site currently features a Single House and the “Swan Valley Fish and Lily Farm", which operates out of a separate building on the property

The surrounding properties are all zoned 'Swan Valley Rural' under LPS17.

SITE HISTORY/PREVIOUS APPROVALS

• On 12 April 2006, Council granted the original planning approval for the Fish and Lily Farm (Use Not Listed)

• On 14 June 2006, the City granted approval for a dwelling on the subject site.

• On 12 February 2008, the City endorsed a minor amendment to the original Fish and Lily Farm approval.

APPLICANT'S SUBMISSION

In support of the proposal, the Applicant has provided the following information:

• “Lily Farm House is to be a boutique high end reception centre. The rammed earth building is unique in the Swan Valley. There is an opportunity for every guest that attends an event at Lily Farm House to be a potential tourist for the Swan Valley Region. Produce from the Swan Valley and Swan Valley Fish & Lily Farm will be used in the reception centre showcasing what the Swan Valley has to offer as a tourist destination.

• Swan Valley Fish & Lily Farm with its beautiful display of water lilies will be used as a photo backdrop for wedding ceremonies held at Lily Farm House. Additionally Wedding Ceremonies can be held amongst the Water Lily ponds at Swan Valley Fish & Lily Farm.


• Extensive landscaping will be undertaken to not only create a beautiful environment for the reception centre but to increase tourist numbers to Swan Valley Fish & Lily Farm and in turn the Swan Valley.

• Increasing tourist numbers to the Swan Valley by promoting local Swan Valley businesses through the reception centre through sale of Swan Valley Wines, Beers and Produce for consumption by guests of the reception centre.

• The reception centre and gardens will be used to promote Swan Valley Fish & Lily Farm as a unique tourist destination in the Swan Valley.

• Tourists and customers to Swan Valley Fish & Lily Farm will be able to access the grounds of the reception centre to further enhance their visit.

• The Swan Valley has long been considered a wonderful wedding destination, Lily Farm House will be advertised extensively and will participate in events such as Swan Valley Wedding Open Day. These events increase awareness of the Swan Valley as not only a wedding destination but as a tourist destination”.

PUBLIC CONSULTATION

The application was advertised for a period of 14 days via the following means:

• Letters to nearby land owners

• Sign on site

• Notice on the City’s website

Six (6) submissions were received in total with 3 objecting to the proposal and 3 raising no objection. The objections raised the following concerns:

• Land use inconsistency with objectives of the Swan Valley Planning Act 1995,

• Visual impact of the Reception Centre building within the rural character of the locality,

• Increased traffic and lack of on-site car parking bays,

• Increased noise'

• Effluent disposal and ground water contamination.

These matters are addressed further in the report.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The application was presented to the Swan Valley Planning Committee’s (SVPC) 5 September 2016 meeting. That meeting did not achieve a quorum of members so no resolution could be made on the item. As no request was made to the City by the SVPC for an extension of time beyond the 42 day comment period, City staff have taken it that, in accordance with statutory provisions, the Committee has no advice to give on the application.


DETAILS

Zoning and Permissibility of Use

Land Use Permissibility:

The subject land is zoned 'Rural' under the Metropolitan Region Scheme (MRS) and 'Swan Valley Rural' under the City’s Local Planning Scheme No.17 (LPS17).

A ‘Reception Centre’ is defined under LPS17 as:

“means a premises used for functions on formal or ceremonial occasions but not for unhosted use for general entertainment purposes.”

A ‘Reception Centre’ is an ‘A’ use in the Swan Valley Rural zone - a use that is not permitted unless the local government exercises its discretion by granting planning approval following public consultation.

Objectives of Zone:

The Objectives of the Swan Valley Rural zone are to:

a) promote the core area of the Swan Valley primarily as a horticultural, recreational, tourism and landscape resource;

b) provide for limited rural living within the Swan Valley, subject to locational, design and landscaping requirements to enhance the character and amenity of the valley and to ensure compatibility with productive rural activities;

c) recognise the occurrence of high quality horticultural soils and scarce plastic clays and to protect these resources from development which would jeopardise their current and future use;

d) ensure that the development and use of land accords with the planning objectives for Area B as specified in the Swan Valley Planning Act 1995.

Land Use Consistency

The proposed Reception Centre is to operate along-side the productive agricultural use of the property, the Swan Valley Fish and Lily Farm, which comprises approximately 1,100m2 of ponds for the growing of native water plants (e.g. lilies and reeds) and some native fish species. In addition, approximately 1,100m2 of ornamental grape vines are to be planted at the rear of the subject site, behind the existing dwelling.

To that end, the proposal is considered consistent with Objectives (a) and (c) above as well as those relevant objectives for Area B of the Swan Valley Planning Act 1995 that pertain to protecting agricultural activities.

Visual Impact of Reception Centre Building

With respect to preserving rural character, the Reception Centre, in utilising the existing dwelling, does not present any new impacts on the visual amenity of the locality. With respect to other impacts on rural amenity, such as traffic, car parking, noise and effluent disposal, these are addressed below.


Traffic

Two (2) objections to the subject application raised traffic safety concerns, suggesting the proposed use and associated increase in traffic is likely to have an adverse impact on the safety of road users along Haddrill Road.

In accordance with the WAPC’s Transport Impact Assessment Guidelines and in response to the submissions received, the Applicant submitted a Transport Impact Statement (TIS). That TIS concluded the subject application would not create any undue safety risks due to the following:

• The vehicle access point for the proposal is pre-existing on the site.

• Adequate car parking (42 bays plus two delivery bays) is to be provided on-site.

• Service vehicles can enter and exit the property in forward gear. Additionally, delivery times will be outside the peak operating hours of the Reception Centre

• It is expected that a minimum number of functions, approximately 1-2 functions (predominantly weddings) per week, will be held.

• Staff (six) vehicle movements to and from the site will be outside those peak hours of patrol arrival and departure, therefore a maximum of 36 vehicles during the proposal’s peak hour will utilise the property.

• Haddrill Road is a Local Distributor Road under Liveable Neighbourhoods and currently accommodates approximately 404 vehicles per day (vpd). This is well below the maximum desirable volume of 7,000vpd that the road is designed to accommodate.

• The operating hours of the proposed Reception Centre will be compatible with those of the surrounding existing businesses as well as normal residents’ traffic.

• There are no footpaths, cycleways or on-street parking bays within 100m of the subject site that may cause traffic conflicts.

• Nearby crossovers for properties within 100m of the subject site are located in a staggered fashion, ensuring there are no concentrations of vehicles entering Haddrill Road in a single location.

City staff have reviewed the TIS and concur with it and, accordingly, the subject application is considered acceptable from a traffic perspective.

Car Parking

The proposed Reception Centre requires a minimum of 39 car parking bays in accordance with the City’s Local Planning Policy POL-TP-129 - Vehicle Parking Standards. A total of 42 bays are to be provided for the use of the Reception Centre, thus representing a 3 bay surplus. In additional, 2 delivery vehicle loading bays are also proposed. All bays and the associated manoeuvring area are to be gravel to assist with on-site drainage.

Based on the above, the subject application is considered acceptable from a parking perspective.


Noise

The closest residence to the proposed Reception Centre is approximately 105m away, however concerns regarding noise were raised by residents located approximately 290m from the proposed Reception Centre building. Specific concerns relate to the sounds of patrons, music and vehicle movements from the site.

In response to the submissions received, the Applicant submitted a Noise Report in support of the proposal. The Noise Report concluded that in order for the operation to comply with the Environmental Protection (Noise) Regulations 1997 (“the Regulations”), the following is required:

• The new south operable glazing is to be kept open/closed as follows:

o Between 7pm and 10pm, one operable wall to be kept fully closed and the other open up to 50% maximum.

o After 10pm, both operable walls to be fully closed.

• The operable doors are to achieve R30 minimum (e.g. comprise 6mm thick glass and be fitted with compressible seals between panes and brush seals to ensure all gaps are minimised).

• No music to be played outside of the venue (i.e. the alfresco area).

City staff have reviewed the Noise Report and concur with its findings. Therefore, in the event of Council approval, it will be recommended that a condition be imposed requiring the implementation of an ongoing adherence to the Noise Report findings.

Subject to the imposition of that condition, the subject application is considered acceptable from a noise perspective.

In any event, the landowner/applicant will have separate obligations under the Regulations to address.

Effluent Disposal and Ground Water Contamination

Two submissions were received suggesting that ground water drinking sources within the locality have become contaminated as a result of previous planning approvals granted within the area. The submissions contend that the existing effluent disposal system on the subject site is insufficient to cater for the proposed maximum 130 patrons and 6 staff.

It is noted that the submitted application plans make reference to the installation of a new septic system to handle the additional effluent created as a result of the proposed development. In this regard, the City’s Health Services branch has reviewed the proposal and considers that, subject to the installation of suitable infrastructure (either a new septic system or an upgrade of the existing system), on-site effluent is capable of being managed as required under the State Government Sewage Policy. Such an arrangement is subject to a separate process under the Health Act 1911 and the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974.

Based on the above, the subject application is considered acceptable from an effluent disposal perspective.


OPTIONS AND IMPLICATIONS

Option 1: That Council resolve to approve the Reception Centre at Lot 17 (No.130) Haddrill Road, Baskerville subject to conditions.

Implications: The landowner can commence the use of the site as approved in accordance with the conditions stipulated in the approval.

This is the recommended option.

Option 2: The Council may resolve to refuse the Reception Centre at Lot 17 (No.130) Haddrill Road, Baskerville for the following reason:

1. The use of the premises in the manner proposed is likely to generate levels of traffic and night-time noise that will have an adverse impact on the quiet rural amenity of the immediate locality.

This is not the recommended option.

CONCLUSION

The proposed Reception Centre is supported for the following reasons:

1. The Reception Centre complies with the parking requirements of Local Planning Policy POL-TP-129 - Vehicle Parking Standards.

2. The Reception Centre meets the relevant requirements of Local Planning Policy POL-TP-126 - Rural Zones – Building and Development Standards

3. The proposal is considered to be consistent with the objectives of the Swan Valley Rural zone and the Swan Valley Development Plan.

4. The proposal is considered to be acceptable from a traffic and effluent disposal perspective.

5. Subject to the imposition of an appropriate condition, the proposal is considered to be acceptable from a noise perspective.

Accordingly, it is recommended that Council approve the application for Approve the application for a Reception Centre at Lot 17 (No.130) Haddrill Road, Baskerville subject to conditions.


ATTACHMENTS

Locality Plan

Site Plan

Floor Plan

Reception Centre Elevations Plans

Outbuilding Floor/Elevations Plans

Entry Statement Elevations

Landscaping Plan

Parking and Drainage Plan

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Planning and Development (Local Planning Schemes) Regulations 2015

Local Planning Scheme No.17

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Approve the application for a Reception Centre at Lot 17 (No.130) Haddrill Road, Baskerville subject to the following conditions:

1. This approval is for the use of the existing building for the purpose of “Reception Centre” as defined in the City’s Local Planning Scheme No.17.

2. No more than 130 patrons in association with the Reception Centre are permitted on site at any one time

3. The operating hours of the Reception Centre are limited to:

• Monday - Wednesday 10am to 6pm • Thursday 10am to 10pm • Friday - Sunday 10am to 12am

4. Noise attenuation measures outlined in the 'Environmental Noise Assessment’, prepared by Lloyd George Acoustics and dated 7 February 2017, shall be implemented and complied with at all times to the satisfaction of the City of Swan Manager of Health & Building Services.

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. A total of 42 parking bays shall be provided, each measuring a minimum 5.4m x 2.4m, 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.

7. Vehicle access onto the site shall be restricted to that shown on the approved site plan.

8. The parking area indicated on the approved plan must have appropriate signs and appropriate line marking installed to give clear direction to motorists in accordance with Australian Standards. This must be maintained on an annual basis to the satisfaction of the City.

9. Vehicle parking area, access and circulation areas must be drained and maintained to the satisfaction of the City, in accordance with the approved plans.

10. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.

11. All landscaping must be completed in accordance with the approved detailed landscape plan, prior to the commencement of use and all landscaping is to be maintained onsite to the satisfaction of the Chief Executive Officer.

12. Floodlights shall not be illuminated after 10:00 pm, with all illumination being confined to the limits of the development or as otherwise approved by the City of Swan in writing.


13. All crossovers must be built and maintained in accordance with City's specifications.

14. No street tree on the verge is to be removed or relocated, subject to the City approving removal or relocation. The cost of removal is to be paid prior to the lodgement of a Building Permit application.

15. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.

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

ADVICE NOTES Standard advice notes apply.

2) Advise the applicant/owner of the resolution of Council and relevant advice notes pertaining to the approval.

3) Advise those that lodged a submission of the Council's decision.

CARRIED

DISCLAIMER: Information shown here on is a composite of information 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.

Locality Plan - Lot 17 (No.130) Haddrill Rd,

Baskerville

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