3.6 caravan park additions and approval of ......ordinary meeting of council 11 april 2012 page 1...

Ordinary Meeting of Council 11 April 2012

3.6 CARAVAN PARK ADDITIONS AND APPROVAL OF REVISED PLANS - MIDLAND CARAVAN PARK - LOT 134 (NO.6) AND LOT 133 (NO.2) TOODYAY ROAD, MIDDLE SWAN

Ward: (Midland Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• At its meeting held 14th December 2011, Council approved additional cabin sites for the Midland Caravan Park. The applicant has submitted revised plans for consideration.

• Following Council’s determination, the applicant received Federal Government funding from the Minister for Tourism to include an additional ten (10) cabin units with common kitchen north of the subject property.

• The plan is also slightly modified by reducing the number of approved tourist sites along Blackadder Creek from fifteen (15) to eleven (11).

• The Midland Caravan Park has an existing Additional Use Right of ‘Caravan Park’, which is a ‘P’ (Permitted) land use. Despite this use right, the subject lot is zoned ‘Residential Development’. Council has discretion to approve development within structure planning zones where it does not compromise future structure planning for that zone.

• It is not considered that the additional cabin sites will detrimentally affect future structure planning, as they are proposed in an existing caravan park with additional use rights. Furthermore, the reduction of tourist sites along Blackadder Creek is supported as development impact is effectively reduced with fewer sites proposed.

• In light of the modifications above, the proposal is accordingly put back to Council for reconsideration.

It is recommended that the Council approve the revised plan for Midland Caravan Park, finding the modifications acceptable and subject to development conditions.

AUTHORITY/DISCRETION

LPS17 Clause 5A.1.4.2


Notwithstanding clause 5A.1.4.1, a local government may recommend subdivision or approve the development of land within a Structure Planning Area prior to a structure plan coming into effect in relation to that land, if the local government is satisfied that this will not prejudice the specific purposes and requirements of the Structure Planning Area.

BACKGROUND

Applicant: Metalic Investments Pty Ltd Owner: Metalic Investments Pty Ltd

Directors: Zoltan Kalotas; Henry Dennis Litton; Michael Harry Repacholi; Lynda Maria Harrington

Zoning: TPS - Residential Development, Additional Use - Caravan Park "P"

MRS - Urban Strategy/Policy: Vehicle Parking Standards Policy (under review)

Caravan Parks Policy (under review) Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Caravan Park Lot Size: 3.9834ha Use Class: Caravan Park "P" (Additional Use Right)

DETAILS OF THE PROPOSAL

A revised plan for Midland Caravan Park has been submitted, in light of the applicant receiving Federal Government funding for additional cabins to the value of $100,000. This funding will allow the Caravan Park to construct an additional ten (10) cabins with common kitchen on the northern side of the subject property, set back approximately 24 metres from Toodyay Road and approximately 40 metres from the nearest residence.

Council approved fifteen (15) additional tourist sites on the southern side of the subject property, however the applicant proposes to reduce the number of these sites to eleven (11).

DESCRIPTION OF SITE

The subject property is irregular in shape, having frontage to both Toodyay Road and Great Northern Highway. The subject property shares boundaries with Lot 133, also owned by the applicant and recently rezoned from 'Local reserve - Public Purposes' (Telstra) to 'Residential Development.'

The subject lot is located approximately 650 metres west of Lloyd Street and approximately 1250 metres north of Morrison Road.

Blackadder Creek runs along the southern boundary of the lot, which is identified as a site of Aboriginal Significance (Blackadder & Woodbridge Creek). In light of the Creek,


a portion of the lot is affected by the one in one hundred year floodway. Significant native vegetation exists along the creek line, along with exotic plants.

SITE HISTORY/PREVIOUS APPROVALS

1. Approval Issued, 25/05/1988, Proposal - Additions to Residence/Chalets

2. Approval Issued, 06/01/1999, Proposal - Extension to Caravan Park

3. Approval Issued, 15/07/2010, Proposal - New Office, Manager's Residence, Parking and Ablution Facilities Upgrade

4. Approval Issued, 17/03/2011, Amended Plans - New Office, Manager's Residence, Parking and Ablution Facilities Upgrade

5. Approval Issued, 14/12/11, Proposal - Extended Operations to Existing Caravan Park

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Approval Issued, 14/12/11, Proposal - Extended Operations to Existing Caravan Park

APPLICANT'S SUBMISSION

The applicant provided a copy of their funding application in support of the proposed additional tourist accommodation units. The following is a brief description of the proposal:

"This project will provide high quality budget accommodation for short term tourists staying in the City of Swan at the Midland Caravan Park. The accommodation will consist of ensuited bedrooms, with access to a shared kitchen, within 3 buildings that incorporate the latest principles of environmental sustainability and comes with a 7 star energy efficiency rating.

There is a shortage of high quality budget accommodation for tourists visiting the City of Swan attending local events, attractions and sightseeing. There are no ensuited bedrooms available for short stays under $90/night. This project will provide high quality bedrooms from $65/night.

TQUAL funding will contribute to the purchase and installation of these three buildings."

It is noted within the applicant’s submission that assembly of the cabin units will occur on the abutting lot (Lot 133), corner of Toodyay Road and Great Northern Highway (also owned by the applicant and the former Telstra site).


DETAILS

Objectives of the Residential Development Zone:

Local Planning Scheme No. 17 outlines the objectives of the Residential Development Zone, which are to:

a) provide for the coordinated development of future residential areas through the application of a comprehensive plan to guide subdivision and development to be known as a “Structure Plan”;

b) provide for predominantly residential development, but including also a range of compatible services, consistent with the needs of an integrated neighbourhood, and planned so as to minimise adverse impacts on amenity;

c) avoid the development of land for any purposes or at a time when it is likely to compromise development elsewhere in the district or prejudice the future development of land in the Residential Development zone for more appropriate purposes;

d) take account of the need to protect the amenity and on-going use of adjacent property owners as well as to provide for the needs of future residents.

The local government may recommend subdivision or approve the development of land within a Structure Planning Area prior to a structure plan coming into effect in relation to that land, if the local government is satisfied that this will not prejudice the specific purposes and requirements of the Structure Planning Area.

Proposed Modifications to Original Council Approval:

The applicant proposes the following changes to the original approval –

1. Modify approved plans by adding additional accommodation units, comprising of ten (10) accommodation units and common kitchen incorporated into three (3) built structures.

2. Additional car parking being constructed adjacent the units, totalling six (6) bays.

3. Amending the approved plans by reducing the number of tourist sites originally proposed opposite Blackadder Creek, from fifteen (15) to eleven (11).

The modifications above are supported for the following reasons:

1. The applicant has provided a sufficient amount of car parking to service the development.

2. It is acknowledged that there is a market demand for short term, single bedroom accommodation units, which are furthermore supported by a successful application for funding at Federal level.

3. The reduction of cabin sites along Blackadder Creek from fifteen to eleven is a minimal change to the original approval.

4. The proposed operations of the Midland Caravan Park do not jeopardise residential structure planning for the area due to the property having obtained


an 'Additional Use' right of "Caravan Park" as a "P" or "Permitted" use on Lot 134. Furthermore, any structure plan submitted for the area could potentially include the Caravan Park within a co-ordinated plan for guided subdivision and residential development. Should the Park cease operations in future, the structure plan could then guide current or future landowners when submitting subdivision and development applications.

For the reasons above, the matter is accordingly put to Council for support.

Construction on the former Telstra Site:

The applicant purchased from Telstra Lot 133, adjacent the Caravan Park, and undertook a Scheme Amendment to include an Additional Use of 'Caravan Park' as a 'D' (Discretionary Use) on the property.

The site is currently vacant and the applicant requests permission to use the area to assemble the cabin units prior to transferring them to the adjoining Lot 134.

As construction will be of a temporary nature, it is considered that the use of Lot 133 for this purpose can be supported, subject to a two year timeframe.

OPTIONS AND IMPLICATIONS

Option 1: The Council may resolve to approve the revised development plans for additional sites at the Midland Caravan Park. This is the recommended option.

Implications: This option will allow the applicant to develop the area north of the subject site for single bedroom cabins with common kitchen, subject to conditions of development approval including a Building Permit for the cabin sites.

Option 2: The Council may resolve to refuse the development, finding it contrary to planning objectives for the area. This is not the recommended option.

Implications: The applicant will have a right of review at the State Administrative Tribunal.

CONCLUSION

A development application was received for the expansion of fifteen (15) new tourist sites at the Midland Caravan Park on Lot 134 (No. 6) Toodyay Road, Middle Swan. Council approved the expansion at its meeting held 14th December, 2011. The applicant has since received Federal Government funding for an additional ten (10) single bedroom, short-term accommodation units, to the value of $100,000.

Further to this, the applicant proposes to modify the previous approval to reduce the number of tourist sites north of Blackadder Creek, from fifteen (15) sites to eleven (11).


It is considered that the proposed modifications do not impact future structure planning for the area, nor the surrounding locality, therefore the application is supported.

ATTACHMENTS

• Location Plan

• Site Plan showing highlighted modifications

STRATEGIC IMPLICATIONS

Nil

STATUTORY IMPLICATIONS

Local Planning Scheme No. 17

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple

RECOMMENDATION

That the Council resolve to:

1) Approve 10 additional tourist accommodation units with common kitchen and the reduction of approved tourist sites from 15 to 11 at Midland Caravan Park, Lot 134 (No. 6) Toodyay Road, Middle Swan, subject to the following:

a) The owner is to ensure compliance with all strategies as listed within the Stormwater Management Plan, approved by Department of Water and dated 16th July 2011.

b) Lot 133 may be used to assemble the cabin units associated with the current approval only prior to transferring them to the adjoining Lot 134. Such development shall cease after two (2) years from the date of


this approval, unless further planning approval has been sought and gained by the applicant.

c) The applicant is to ensure that prior to lodgement of a Building Permit, the site plan is amended to provide for disability access to at least (1) cabin unit, to an acceptable BCA and/or Australian Standard.

d) The owner is to ensure that all native trees along Blackadder Creek are maintained and not removed from the site. Further planning approval is required prior to the removal of any native tree outside the development area.

e) 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.

f) During construction of the bio-retention basin and roads, no soil, building materials, rubbish or any other deleterious matter is permitted to enter the creek, and any fill and/or soil being brought onto the site, shall be certified as clean, uncontaminated, and free from rubble, weeds and disease to the satisfaction of the City of Swan.

g) 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

a) 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 Licence 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).

b) This is a Development Approval of the City of Swan under its Local Planning Scheme No. 17. It is not a building licence or an approval to commence or carry out development under any other law. It is the responsibility of the owner to obtain any other necessary approvals, consents and licenses required under any other law, and to commence and carry out development in accordance with all relevant laws.

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

d) The carrying on of the development must not cause a dust nuisance to neighbours. Where appropriate such measures as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and in the manner directed by the City’s Principal Environmental Health Officer if it is considered that a dust nuisance exists.


e) In accordance with the Local Government (Miscellaneous Provisions) Act 1960 and Building Regulations 1989 a Building Licence application must be submitted to, and approved by the City’s Principal Building Surveyor prior to any construction or earthworks commencing on site.

f) To enable your Building Licence Application to be assessed promptly, please ensure a complete application is submitted to the City. To assist in preparing a complete Building Licence 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.

g) The Swan River Trust advises that excess storm water during 1 in 5 year storm events are expected to overtop the bio retention basin and will flow over the limestone wall, down the grassed embankment into the creek reserve. It is important that, given the expected increase in these events in the future, erosion caused by these events on the grass embankment is properly managed. The owner should consider a swale structure to ensure this erosion does not undermine the retention basin structure over time.

h) The Swan River Trust advises that as the road networks will be used to direct storm water into the bio-retention basin it is important that the issue of hydrocarbon and oil contaminants is considered. The owner should ensure that water is treated for these contaminants prior to release into the creek reserve.

i) The Swan River Trust advises that the applicant should conduct thorough water testing to ensure the effectiveness of the bio-retention treatment. Results of testing should be made available to the Department of Water and the Swan River Trust for review. Should the treatment be found to be ineffective (not meeting targets identified in the Storm water Management Plan dated 16 June 2011) additional treatment infrastructure will be required.

j) The Swan River Trust strongly encourages the use of locally native plant species in all landscaping and storm water management projects to enhance biodiversity values and minimize fertilizer requirements.

k) The operation of the caravan park shall be in compliance with the Caravan and Camping Grounds Regulations.

CARRIED

3.6 caravan park additions and approval of ......ordinary meeting of council 11 april 2012 page 1...

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