3.9 proposed change of use from showroom … · 3.9 proposed change of use from showroom and...

Ordinary Meeting of Council 10 June 2015

3.9 PROPOSED CHANGE OF USE FROM SHOWROOM AND WAREHOUSE TO MOTOR VEHICLE REPAIR - UNIT 2, NO.22 IRVINE DRIVE, MALAGA (DA911-14)

Ward: (Ballajura Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• The application seeks approval for a change of use from Showroom and Warehouse to Motor Vehicle Repair at Unit 2, No.22 Irvine Drive, Malaga.

• The subject lot is zoned ‘Industrial’ under the Metropolitan Region Scheme (MRS) and ‘General Industrial’ under the City’s Local Planning Scheme No. 17 (LPS17). The use class ‘Motor Vehicle Repair’ is listed as a permitted ‘P’ use within the General Industrial zone.

• The subject property is part of a seven unit showroom factory and warehouse development approved with a total of 28 parking spaces. Three parking spaces are available for Unit 2 on the approved strata plan. The proposed change of use to Motor Vehicle Repair generates a requirement of five parking bays under the Scheme – an onsite shortfall of two bays.

• The application and the parking shortfall were advertised to the other seven unit owners at No.22 Irvine Drive. Three submissions were received. All three submissions objected to the proposed development, citing lack of parking and noise, oil and dust issues associated with the proposed motor vehicle repair as reasons for their objection.

• Dust emissions will not be an issue where the premises is fully bitumenised. Fumes and oil will be managed where repair work is undertaken inside. Noise generated will not be significant within an industrial area.

• City policy allows for a developer to supplement onsite parking shortfalls by providing on-street public parking in certain circumstances within select locations within 400 metres of their property. The Malaga Parking Strategy outlines provision of on-street parking within the verges of Irvine Drive, Camboon Road and Harlond Avenue, all locations within 400 metres of the subject site.

• City staff recommend that the applicant be required to provide two parking bays to the City’s specifications within a City designated location within the verge of either Camboon Road, Irvine Drive or Harlond Avenue or alternatively to make a cash-in-lieu payment to the City for the same.


It is recommended that the Council approve the change of use from ‘Warehouse’ and ‘Showroom’ to 'Motor Vehicle Repair' on Lot 109 (Unit 2, No. 22 Irvine Drive), Malaga subject to conditions, including provision of verge parking.

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 the Council, a right of appeal may exist in accordance with part 3 of the State Administrative Tribunal Act 2004 and Part 14 of the Planning and Development Act 2005.

BACKGROUND

Applicant: AMMK Holdings Pty Ltd Owner: JAFN Enterprises Pty Ltd (Directors: Naumce Trajceski

and Marija Trajceska) Zoning: LPS17 General Industrial MRS Industrial Strategy/Policy: Vehicle Parking Standards POL-TP-129

Pol-C-101 Construction of Privately Funded Parking Areas within a Road Reserve Malaga Parking Strategy Version 2 (POL-TP-124)

Development Scheme: Local Planning Scheme No.17 Existing Land Use: Showroom, Warehouse Lot Size: 2,732m2 Lot Area: 117m2

Use Class: Motor Vehicle Repair "P"

DETAILS OF THE PROPOSAL

The application seeks approval for a change of use from Showroom and Warehouse to Motor Vehicle Repair. The applicant has advised that the proposed development will undertake mechanical repairs to domestic vehicles and taxis. The motor vehicle repair workshop will employ one person on the subject lot at any one time and will operate from 9am to 5pm Monday to Friday. A maximum of one vehicle hoist is proposed.

DESCRIPTION OF SITE

The subject site consists of seven strata titled units, associated parking spaces allocated to each unit and common property. Unit 2 contains an existing showroom and warehouse and has a floor area of 158m2. The site is located approximately 577m from Malaga Drive and approximately 420m from Beach Road. The subject site is surrounded by General Industrial zoned land and is located within the Malaga Industrial Precinct. A total of 28 parking spaces exist onsite, with the strata plan allocating a total of three parking bays to Unit 2.


SITE HISTORY/PREVIOUS APPROVALS

BL-2739/1993 – Showroom Factory and Warehouse (7 Units)

DA-14763/2003 – Change of Use to Lunch Bar (Unit 1/22 Irvine Drive Malaga); approved at Council 25/06/2003.

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Change of Use from Warehouse to Industry-Light; Unit 1 No. 87 Holder Way Malaga (Approved at Ordinary Council Meeting on 25 February 2015 – City reference DA875/2014)

APPLICANT’S SUBMISSION

The applicant has provided the following justification for the proposed shortfall in vehicle parking spaces for this development:

“In regards of the justification for two parking bays I find it not to be acceptable and not fair towards us because we can use the inside of the factory unit as a parking and also we can use a bay at the entry door as a parking(which I’m using always). With the current situation of economy we are not in a position to pay for this and if we don’t get approval we might have to close the mechanical repair shop. I hope you can find an alternative solution to continue with the mechanical repair centre.”

PUBLIC CONSULTATION

The application was advertised to the other strata members of No.22 Irvine Drive for a period of 14 days seeking comment on the parking shortfall and whether each strata member would consider granting consent for an additional two spaces on the common property on No.22 Irvine Drive to be created in order to address the parking shortfall. A total of three objections were received, citing lack of car parking, noise and oil, dust and fume emissions associated with the proposed motor vehicle repair as concerns.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Nil


DETAILS

Zoning and Permissibility

The subject lot is zoned ‘General Industrial’ under LSP17. In accordance with LPS17, the use class ‘Motor Vehicle Repair’ is a permitted use in the General Industrial zone.

Submissions

The proposed change of use to Motor Vehicle Repair at Unit 2 No.22 Irvine Drive was advertised to each unit owner at No.22 Irvine Drive, seeking consent to construct two additional bays onsite within the common property area in order to resolve the two bay parking shortfall. Three submissions were received during the advertising period, all objecting to the development. The submissions received cited lack of parking and noise, dust and fumes associated with the proposed motor vehicle repair as reasons for objecting to the development.

With regard to petrol fumes, the applicant has advised that petrol fumes generated as a result of motor vehicle repairs will be controlled by the installation of an internal fan and filter. As the subject site has sealed and bituminised driveways and parking spaces, the proposed motor vehicle repair is not considered to create any amenity issues with regard to dust. Noise issues generated onsite are also regulated under the Environmental Protection (Noise) Regulations 1997.

Parking Adequacy

Vehicle Parking Standards (POL-TP-129)

Under the City’s POL-TP-129 the use class ‘Motor Vehicle Repair’ requires four car bays for each working bay plus one car bay per employee. The applicant has advised that the proposed motor vehicle repair will operate with one vehicle hoist and a maximum of one employee, resulting in a requirement of five parking bays. Unit 2, No.22 Irvine Drive has been allocated a total of three parking spaces under the approved strata plan. Therefore, the proposed change of use to Motor Vehicle Repair will result in an onsite parking shortfall of two car spaces for Unit 2.

There exists scope to create two additional on-site parking bays in the common property area located within the front setback adjacent to the southern side lot boundary. This proposal was advertised to each strata unit owner on No.22 Irvine Drive, seeking consent on whether they would support the construction of two additional parking spaces in the common property area. A total of three objections were received with regard to this proposal. The required two parking bay shortfall was not supported to be accommodated onsite.

POL-C-101 Construction of Privately Funded Parking Areas within a Road Reserve

Pursuant to this policy, Council may allow developers to supplement onsite parking shortfalls by constructing on-street public parking in appropriate locations where an application proposes a change of use and/or minor building alterations within the General Industrial zone.

The Malaga Parking Strategy Version 2 (November 2014), adopted by the Executive Management Team on 29 January 2015, identifies the planned location and staging of suitable public parking bays within Malaga up to 2018 and beyond.


The strategy identifies the provision of on-street parking in locations within Irvine Drive, Camboon Road and Harlond Avenue within the next five years. All of these locations are within 400 metres of the subject site.

Accordingly it is recommended that the application be conditioned to require the developer to provide two parking bays, to the City’s specifications, within a location within either the Irvine Drive, Camboon Road or Harlond Avenue road verges or alternatively to make a cash-in-lieu payment to the City for the same.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to approve the proposed change of use from Showroom and Warehouse to ‘Motor Vehicle Repair’ at Unit 2, No.22 Irvine Drive, Malaga subject to conditions, including the provision of two parking bays, to the City’s specifications, within a location within either the Irvine Drive, Camboon Road or Harlond Avenue road verges or alternatively to make a cash-in-lieu payment to the City for the same.

Implications: Application can proceed with adequate provision for parking.

This is the recommended option.

Option 2: Council may resolve to approve the proposed change of use from Showroom and Warehouse to ‘Motor Vehicle Repair’ at Unit 2, No.22 Irvine Drive, Malaga subject to conditions, and grant dispensation for the proposed shortfall of two (2) vehicle parking spaces.

Implications: The applicant will be able to proceed with the proposed development with a two bay shortfall.

This is not the recommended option.

Option 3: Council may resolve to refuse the proposed change of use from Showroom and Warehouse to ‘Motor Vehicle Repair’ at Unit 2, No.22 Irvine Drive, Malaga on the grounds that the proposed on-site parking shortfall will contribute to an adverse impact on amenity through parking and traffic difficulties.

Implications: The applicant will have a right of Review by the State Administrative Tribunal.

This is not the recommended option.


CONCLUSION

The application seeks approval for a change of use from Showroom and Warehouse to ‘Motor Vehicle Repair’ at Unit 2, No.22 Irvine Drive Malaga. The applicant has advised that the Motor Vehicle Repair will have a total of one vehicle hoist and one employee. Under the City’s parking standards, a motor vehicle repair consisting of one vehicle hoist and one employee requires a total of five car spaces.

The subject lot is zoned ‘General Industrial’ under the City’s Local Planning Scheme No.17 and the use class ‘Motor Vehicle Repair’ is a permitted use in a General Industrial zone. Unit 2, No.22 Irvine Drive forms part of a seven unit development which has a total of 28 parking spaces, with three parking spaces being allocated to Unit 2. Scope exists onsite to create an additional two parking bays within the common property area located within the front setback area abutting the southern side lot boundary.

The application was advertised to the other strata lot owners of No.22 Irvine Drive with regard to constructing two additional parking bays in the common property area. A total of three submissions objecting to the development were received, citing lack of parking as well as noise, dust and fume emissions associated with the motor vehicle repair as reasons for objection.

Dust emissions will not be an issue where the premises is fully bitumenised. Fumes and oil will be managed where repair work is undertaken inside. Noise generated will not be significant within an industrial area.

The two bay onsite parking shortfall can be offset by the applicant providing two public parking bays, to the City’s specifications, within a location within either the Irvine Drive, Camboon Road or Harlond Avenue road verges or alternatively making a cash-in-lieu payment to the City for the same.

Approval subject to such a condition is recommended.

ATTACHMENTS

Locality Plan

Site plan

Floor plan


STRATEGIC IMPLICATIONS

The Malaga Parking Strategy Version 2 (November 2014)

STATUTORY IMPLICATIONS

Planning and Development Act 2005

City of Swan Local Planning Scheme No. 17

Local Planning Policies POL-TP-129; Building and Development Standards – Vehicle Parking, POL-C-101; Construction of Privately Funded Parking Areas within a Road Reserve.

FINANCIAL IMPLICATIONS

In approving this application as recommended, Council may collect a cash-in-lieu contribution from the applicant/owner to be used to fund the timely delivery of two public parking spaces in close proximity to the subject lot.

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Grant approval for the proposed change of use from Showroom and Warehouse to ‘Motor Vehicle Repair’ on Lot 109 (Unit 2, No.22 Irvine Drive Malaga) subject to the following conditions:

1. This approval is for ‘Motor Vehicle Repair’ 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 applicant/landowner is to construct two public car parking spaces, to the City’s specifications, within a location within either the Irvine Drive, Camboon Road or Harlond Avenue road verges or alternatively to make a cash-in-lieu payment to the City for the same.

3. The approved change of use to Motor Vehicle Repair shall be restricted to a maximum of one vehicle hoist and one employee at any given time.

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

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 an AS 1428.1.

6. Landscaping, drainage, parking areas, pavement, kerbing and line marking as depicted on the approved plans shall be maintained at all times to the satisfaction of the City.

7. No products, materials or other goods whatsoever are to be stored outside of the building, unless in a designated area approved by the City for that purpose.

8. Car parking bays and areas designated for landscaping, shall not be used for the storage, display or selling of any goods whatsoever.

9. The existing approved parking areas for Lot 109 (Unit No.2/22) Irvine Drive Malaga are to be repaired/resurfaced and line marked.

10. No fluid, other than uncontaminated stormwater is to enter any stormwater drain without prior approval from the City and the Environmental Protection Authority.

11. A plan or description of all signage for the proposed development not listed as exempt from planning approval by the City of Swan as a separate development application.


12. 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 arranges 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.

13. 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 and owner of the resolution of Council and relevant advice notes pertaining to the approval.

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

CARRIED


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