CITY OF Armadale

TOWN PLANNING SCHEME NO. 4

PROPOSED AMENDMENT TO MODIFY PERMITTED LAND USES WITHIN DISTRICT CENTRE

RESTRICTED USE AREA 1 AND THE ADDITIONAL OF LAND USES OF B ULKY GOODS SHO WROOM

AND TRADE SUPPLIES TO TOWN PLANNINGSCHEME NO. 4

AMENDMENT No. 87

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CONTENTS

A. Form 2A (Regulation 35 (1)

B. Scheme Report

C. Final adoption and signatures

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Planning and Development Act 2005

RESOLUTION TO PREPARE AMENDMENT TO LOCAL PLANNING SCHEME

CITY OF ARMADALE TOWN PLANNING SCHEME NO. 4

AMENDMENT NO 87

Pursuant to section 72 of the Planning and Development Act 2005, initiate Amendment No 87 to Town Planning Scheme No 4 as a standard amendment m accordance with Part 5, Clause 34 — standard amendment, subsection (a), (b), (d), (e), (f) and (g) of the Planning and Development (Local Plannmg Schemes) Regulations 2015, as follows'

A Amend Schedule 3 Restricted Uses under Restricted Use 1 by deleting the land uses “Motor Vehicle Repair”, “Motor Vehicle Wash” and “Commercial Vehicle Parking” from the list of land uses Not Permitted (X) m the Restricted Use Area,

B Replace all reference to “Showroom” with “Bulky Goods Showroom” m the Scheme text and include the following new definition for “Bulky Goods Showroom” from the Plannmg and Development (Local Plannmg Schemes) Regulations 2015 m alphabetical order m Schedule 1 (2 ) Land Use Definitions

“bulky goods showroom” means premises -(a) used to sell by retail any of the goods and accessories of the following types that are principally usedfor domestic purposes-(i) automotive parts and accessories,(u) camping, outdoor and recreation goods,(in) electric light fittings,(iv) animal supplies including equestrian and pet goods,(v) floor and window coverings,(vi) furniture, bedding, furnishings, fabrics, manchester and homewares,(vu) household appliances, electrical goods and home entertainment goods,(vm) party supplies,(ix) office equipment and supplies,(x) babies ’ and children’s goods, including play equipment and accessories,(xi) sporting, cycling, leisure, fitness goods and accessories,(xn) swimming poolsor(b) used to sell goods and accessories by retail if -(i) a large area is requiredfor the handling, display or storage of the goods, or (u) vehicular access is required to the premises for the purpose of collection of purchased goods

Form No. 2A

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C. Insert the following Land Use definition for “Trade Supplies” from the Planning and Development (Local Planning Schemes) Regulations 2015 in alphabetical order to Schedule 1 (2.) Land Use Definitions:

“trade supplies” means premises used to sell by wholesale or retail, or to hire, assemble or manufacture any materials, tools, equipment, machinery or other goods used for any of the following purposes including goods which may be assembled or manufactured off the premises -(a) automotive repairs and servicing;(b) building including repair and maintenance;(c) industry;(d) landscape gardening;(e) provision of medical services;(f) primary production;(g) use by government departments or agencies, including local government.

D. Amend the “Zoning Table” by inserting the land uses “Bulky Goods Showroom” and Trades Supplies” in alphabetical order and applying the permissibility of these land uses in each zone as set out below:

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X X X X X X X D X D

TradeSupplies X X X X X X X D X D

E. Amend Schedule 2 Additional Uses by inserting Additional Use 44 as set out below and amending the Scheme Map accordingly:

No. Description of Land Additional Use Conditions and Requirements

44. Kelmscott District Centre South being the following properties:Fancote StreetLot 27 No. 15Lot 26 No. 9Lot 25 No. 7Lot 24 No. 5Lot 2 No. 1Church StreetLot 100 No. 7

Discretionary (D) Uses - • Bulky Goods

Showroom « Trade Supplies

Nil

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Avton RoadLot 2 No. 2 Rundle Street Strata Lots 2-6 No. 8 Albany HighwayLot 56 No. 2896 Lot 57 No. 2898 Lot 8 No. 2900 Lot 7 No. 2902 Lot 58 No. 2904 Lot 59 No. 2906 Strata Lots 1-6 No. 2910 Lot 12 No. 2932 Lot 833 No. 2938 Lot 104 No. 2944 Strata Lot 1-4 No. 2954 Lot 100 No. 2964 Lot 4 No. 2970 Lot 5 No. 2972 Lot 101 No. 2976 Lot 70 No. 2978

Dated this 22nd day of November, 2016

R S TAME CHIEF EXECUTIVE OFFICER

D42/11/16

CITY OF ARMADALE TOWN PLANNING SCHEME NO. 4

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AMENDMENT.NO. 87

SCHEME REPORT

Contents

1.0 BACKGROUND AND DETAILS OF PROPOSAL...................................12.0 SUBJECT LAND............................................................................................23.0 LANDOWNERS.............................................................................................24.0 APPLICANT...................................................................................................25.0 CURRENT ZONING.................................................. 26.0 PROPOSED ZONING................................................................................... 27.0 BACKGROUND.............................................................................................28.0 ANALYSIS.....................................................................................................29.0 CONCLUSION........................................................... 2

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1.0 SUBJECT LAND

The amendment area is within the suburb of Kelmscott, approximately 24 kilometres south-east of the Perth Central Business District and 3 kilometres north of the Armadale City Centre. Regional access is generally provided by Albany Highway, running immediately west of the amendment area

The amendment area comprises the southern section of the Kelmscott Town Centre. The amendment area forms a section of the Albany Highway commercial strip, extending from the core Kelmscott Town Centre Area

Refer to Table 1 for a detailed listing of the land parcels and landowners within the amendment area.

A wide variety of commercial land uses operate within this Albany Highway commercial strip, in proximity to the subject site This includes physiotherapy consulting rooms located immediately west of the amendment area, and various large format retail developments with multiple tenancies located within amendment area. A child care and community centre abuts the eastern boundary, and residential land uses are located east, south east, west, and generally surrounding the amendment area.

2.0 BACKGROUND

The amendment area is zoned District Centre under TPS4 The District Centre zone generally applies to the Kelmscott Town Centre and lots fronting Albany Highway as far south as Brookton Highway. In addition to the zoning of the land, Restricted Use Area No 1 (Rl) also applies to the amendment area R1 generally covers the southern half of the District Centre zone

The Schedule 3 - Restricted Use provisions of TPS4 limit the permissible land uses in the RU1 area m opposition to those normally permitted in the District Centre zone Specifically, the following uses which would normally be permitted m the District Centre zone, are prohibited under the provisions of Restricted Use No.l:• Amusement Parlour• Auction Mart• Car Park• Cinema / Theatre• Commercial Vehicle Parking• Convenience Store• Fast Food Outlet• Liquor Store - Small• Liquor Store - Large• Lunch Bar• Market• Motor Vehicle Repair

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• Motor Vehicle Wash• Night Club• Restricted Premises• Service Station• Shop• Small Bar• Tavern

The District Centre Zone - Restricted Use Area 1 (RU1) acknowledges that the location and accessibility characteristics of the Albany Highway frontages adjacent to the Kelmscott Town Centre allow discretionary consideration of applications for a range of mixed business uses, which are generally supportive of, however, which do not represent a dispersal of the major Kelmscott Town Centie functions as a District Retail Commercial Centre.

The intent of Restricting permissible land uses within the area covered by Restricted Use 1 (RU1) is to maintain the central retail Town Centre functions located within the unrestricted central area of the District Centre Zone, preventing their diffusion into an adjacent linear, and non-retail restricted area.

3.0 DETAILS OF PROPOSAL

The applicant proposes that TPS4 be amended to allow a wider range of uses within the land under RU1. Two (2) options are proposed by the applicant as follows:

Option 1Amend the District Centre Restricted Use 1 (RU1) provisions to enable the following land

uses to be considered for approval within the amendment area (currently these land uses are specifically listed as prohibited in RU1)-

• Motor vehicle Repair» Motor Vehicle Wash• Commercial Vehicle Parking• Tavern

The addition of the land uses “Bulky Goods Showroom” and “Trade Supplies” to the TPS (along with definitions from the Planning and Development (Local Planning Schemes) Regulations 2015) and their classification as D or P uses in various zones.

The applicant’s justification for the Option 1 is summarised as follows:

i) Commercial Vehicle Parking requires both high accessibility from a regional road network and space for vehicle manoeuvring and parking. Land within the amendment area meets these key requirements. Commercial Vehicle Parking is a discretionary land use in the portion of the District Centre Zone that is not covered by RU1 even though it is not necessarily suited to areas of high pedestrian activity and high amenity. The prohibition of Commercial Vehicle

Parking in the amendment area is therefore considered to be an anomaly of the scheme

11) Motor Vehicle Repair provides for businesses offering services for minor repairs to vehicles This would include businesses such as tyre sales and fitting, servicing of vehicles and exhaust repair and replacement. The land use requires large areas for the parking, manoeuvring and servicing of vehicles, as well as significant storage space for equipment and spare parts This use is better suited to areas outside the retail core where businesses are more car oriented. The RU1 area also offers high exposure along Albany Highway, and introduces diversity to the employment opportunities provided within the locality

iii) Motor Vehicle Wash land use is a vehicle dominated land use, and does not form a retail land use that is able to capitalise on high levels of pedestrian exposure and activity. Accordingly, the use is not particularly appropriate for the core Kelmscott District Centre area.

iv) Taverns offer both the sale of food and liquor, for consumption on the premises including the sale of liquor without a meal The Restaurant land use (which is a “P” Permitted use in the District Centre zone) also provides for the sale and consumption of foods and drinks in the premises and under current Liquor Licensing legislation a Restaurant can be granted a licence to serve liquor without the service of a meal, thereby allowing the sale of liquor on the premise consistent with the Tavern land use From a land use and design perspective, under modern liquor licencing arrangements there are no notable differences between a Restaurant and Tavern land use

Option 2The applicant’s Option 2 consists of the following-a Rezone the amendment area in its entirety from District Centre to Mixed Business /

Residentialb Addition of the land use of Motor Vehicle Repair as a discretionary use requiring

advertising prior to determination of an application for such use (“A” use)c The addition of the land uses Bulky Goods Showroom and Trade Supplies to the

TPS No.4 (along with definitions from the Planning and Development (Local Planning Schemes) Regulations 2015) and their classification as “D” or “P” uses m various zones

The applicant’s justification for Option 2 is summarised as follows-i) A comparison of the conditions applied to RU1 and the Mixed Business/

Residential zone objectives draws a number of similaritiesii) The limited range of retail land uses capable of approval within the amendment

area constrains the capacity of the area to function appropriately as a District Centre.

iii) As a number of the lots accommodate existing residential dwellings relatively small scale lots (less than 1,000m2), the capacity of these lots to accommodate commercial development is limited.

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iv) The objectives of the Mixed Business/Residential zone are more aligned with the current and future use of the amendment area.

4.0 ANALYSIS

The Kelmscott District Centre is a linear centre particularly oriented along both sides of Albany Highway. Due to the length of the centre the Council considered that it was appropriate to designate a retail core and a peripheral commercial area. Accordingly, a Restricted Use Area was placed over the area of the District Centre outside the walkable catchment of the retail core. This is explained in more detail in the section on the Kelmscott Enquiry by Design Workshop below.

Maintaining the core Kelmscott Town Centre's primacy within the retail hierarchy is the key message articulated through the City's planning framework. The amendment area forms a subsidiary commercial area within the hierarchy, designated as appropriate for accommodating large format retail/bulky goods, and car-orientated uses, capitalising on the Albany Highway frontage. This is consistent with the intent of District Centres as defined in Statement of Planning Policy SPP 4.2 Activity Centres for Perth and Peel, the District Centre Zone and Restricted Use Area 1 in TPS 4, the Kelmscott Enquiry by Design Workshop, the City of Armadale Local Planning Strategy 2015 and the City of Armadale’s Economic Development Strategy 2013-2017.

Mixed Business/Residential zoneThe main objective of the Mixed Business/Residential zone is to:

Provide for a range of compatible commercial and community services, in addition to residential development, in a zone which will complement the overall development of the adjacent Strategic Regional Centre.

It was not envisioned in TPS No.4 that this zone be placed around the periphery of other centres such as Kelmscott District Centre.

In addition, there are a large number of land uses that would become allowable in the area covered by Restricted Use 1 if the zoning was changed to Mixed Business/Residential and the Restricted Use was removed. These are set out in the table below.

TABLE 1 - Land uses currently prohibited in District Centre and/or District Centre Restricted Use Area that would be allowable under Mixed Business/Residential zone

Additional uses allowed under Mixed Business/Residential zone

Currently prohibited under District Centre

Currently prohibited under Restricted Use 1

Auction Mart no yesBed and Breakfast yes yesCar Park no yesCommercial Vehicle Parking no yesDisplay Home Centre yes yesFast Food Outlet no yes

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Liquor Store - Small no yesLunch Bar no yesMarket no yesMotor Vehicle Wash no yesShop no yesSmall Bar no yesTavern no yes

The additional range of land uses that would be allowed if the zoning was changed to Mixed Business/Residential and the Restricted Use was removed would weaken the retail core of the Kelmscott District Centre by enabling dispersal of land uses that belong in the “town centre” This is especially so for retail uses such as fast food premises, liquor stores, markets and shops of a larger scale

For the reasons detailed above, it is considered that rezoning the RU1 area to Mixed Busmess/Residential (the applicant’s Option 2) would not be consistent with the intent of District Centres as defined in Statement of Planning Policy SPP 4.2 Activity Centres for Perth and Peel, the District Centre Zone and Restricted Use Area 1 in TPS No.4, the City of Armadale Local Planning Strategy 2015 or the intention of the Kelmscott Enquiry by Design Workshop outcomes for the Kelmscott District Centre.

Applicant’s Option 1 changing land use permissibilities in RU1 and adding new land usesto the Zoning Table in TPS No.4The applicant’s Option 1 that proposes to amend prohibited land uses in the RU1 area and add new discretionary land uses of “Bulky Goods Showroom” and “Trade Supplies” is considered to be the most appropriate outcome for this portion of the District level town centre. However, the land use of Tavern is not considered to be appropriate within the RU1 area and is more suited to a town centre with a walkable catchment. Accordingly, removing the land use of Tavern from the list of land uses prohibited in RU1 is not supported.

The applicant’s Option 1 proposes to remove the following land uses from the list of prohibited land uses for RU1:

commercial vehicle parking means premises used for parking of one or 2 commercial vehicles but does not include —(a) any part of a public road usedfor parking or for a taxi rank, or(b) parking of commercial vehicles incidental to the predominant use of the land,

motor vehicle repair means premises used for or in connection with -(a) electrical and mechanical repairs, or overhauls, to vehicles other than panel

beating, spray painting or chassis reshaping of vehicles, or(b) repairs to tyres other than recapping or retreading of tyres

motor vehicle wash means premises primarily used to wash motor vehicles

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The following new land uses (as defined in the Planning and Development (Local Planning Schemes) Regulations 2015) are proposed to be added to the Zoning Table in TPS 4 as discretionary uses in the District Centre zone and other relevant commercial zones:

bulky goods showroom means premises -(a) used to sell by retail any of the goods and accessories of the following types that

are principally used for domestic purposes -(i) automotive parts and accessories,(ii) camping, outdoor and recreation goods,(m) electric light fittings,(iv) animal supplies including equestrian and pet goods,(v) floor and window coverings,(vi) furniture, bedding, furnishings, fabrics, manchester and homewares,(vii) household appliances, electrical goods and home entertainment goods,(viii) party supplies,(ix) office equipment and supplies,(x) babies ’ and children’s goods, including play equipment and accessories,(xi) sporting, cycling, leisure, fitness goods and accessories,(3m) swimming pools

or(b) used to sell goods and accessories by retail if -

(i) a large area is required for the handling, display or storage of the goods; or(ii) vehicular access is required to the premises for the purpose of collection of

purchased goods.

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trade supplies means premises used to sell by wholesale or retail, or to hire, assemble or manufacture any materials, tools, equipment, machinery or other goods used for any of the following purposes including goods which may be assembled or manufactured off the premises -(a) automotive repairs and servicing,(b) building including repair and maintenance,(c) industry,(d) landscape gardening,(e) provision of medical services,(f) primary production,(g) use by government departments or agencies, including local government

These new land uses are predominantly car oriented because they are attracted to these areas and they generally need a vehicle to pick up goods from the types of businesses that will fit into these definitions. As such these land uses are appropriate m the peripheral area to the Kelmscott District Centre’s retail core It is recommended that these two new land uses be given a use class permissibility of “D” Discretionary in the area of the District Centre covered by Restricted Use No 1 This needs to be done by amending Schedule 2 of TPS No. 4 to include “Bulky Goods Showroom” and “Trade Supplies” as Additional Uses as per the table below

Amend Schedule 2 Additional Uses by inserting Additional Use 44 as set out below:

No Description of Land Additional Use Conditions and Requirements

44 Kelmscott District Centre South being the following properties Fancote StreetLot 27 No 15Lot 26 No 9Lot 25 No 7Lot 24 No 5Lot 2 No 1Church StreetLot 100 No 7Avton RoadLot 2 No 2Rundle StreetStrata Lots 2-6 No 8Albany HighwayLot 56 No 2896Lot 57 No 2898Lot 8 No 2900Lot 7 No 2902Lot 58 No 2904Lot 59 No 2906StiataLots 1-6 No 2910Lot 12 No 2932Lot 833 No 2938Lot 104 No 2944Strata Lot 1-4 No 2954

Discretionary (D) Uses -• Bulky Goods Showroom• Trade Supplies

Nil

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Lot 100 No. 2964 Lot 4 No. 2970 Lot 5 No. 2972 Lot 101 No. 2976 Lot 70 No. 2978

The “Zoning Table” in TPS No.4 will also be amended by inserting the land uses “Bulky Goods Showroom” and Trades Supplies” in alphabetical order and applying the permissibility of these land uses in each zone as set out below:

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Bulky Goods Showroom X X X X X X X D X DTrade Supplies X X X X X X X D X D

In this instance it is considered that these uses are most suitable in the Industrial Business and Strategic Regional Centre zones and not suited to the retail core of the District Centre zone. Accordingly, the two uses will be prohibited in the District Centre zone but allowed in the southern portion of the Kelmscott District Centre through the Additional Use provisions.

The objectives relating to peripheral areas to town centres contained in State and local planning policies and strategies are discussed below. This discussion highlights why the applicant’s Option 1 should be supported in part.

Statement of Planning Policy SPP 4.2 Activity Centres for Perth and Peel (SPP 4.2)Under SPP 4.2 Activity Centres for Perth and Peel (SPP4.2) the Kelmscott commercial area is designated as a District Centre. SPP 4.2 categorises District Centres as having a greater focus on servicing the daily and weekly needs of residents that other higher order centre such as Primary Centres and Strategic Metropolitan Centres (such as Armadale City Centre). Their relatively smaller scale catchment enables them to have a greater local community focus and provide services, facilities and job opportunities that reflect the particular needs of their catchments. District Centres generally have a catchment of between 20,000-50,000 people and a walkable catchment of 800 metres.

With regards to Bulky Goods Retailing and Mixed Business SPP 4.2, in summary, states:

a) That bulky goods retailing is unsuited to the walkable catchment or the core of activity centres given their size and car-parking requirements, low employment densities and need for freight vehicle access.

b) Bulky goods are displayed and sold from retail showrooms that typically comprise extensive display and storage areas with direct vehicle access and car parking.

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c) Bulky goods retailing does not include the sale of food, clothing or personal effects goods.

d) Clusters of bulky goods retail adjacent to, or in close proximity to activity centres and regional road and public transport networks should be promoted by local authorities to maximise the use of infrastructure, including the shared use of car parking, limiting the number of car trips; and economically supporting other activity centre business

e) The most suitable location for this type of retailing is edge-of-centre sites integrated with, but not within, the walkable catchment or core activity centre precincts.

Kelmscott Enquiry by DesignThe Kelmscott Enquiry by Design Workshop (KEDW) was held in October 2002 to investigate opportunities to revitalise the Kelmscott Town Centre and surrounds. The KEDW provides only high level guidance on the role and function of peripheral commercial areas outside the identified town centre area

The KEDW supports the location of car-orientated bulky goods retail uses fronting Albany Highway south of the Kelmscott Town Centre, as a measure to discourage their location within the town centre itself. Specifically, the KEDW envisioned the following outcomes for the properties fronting Albany Highway and south of Davis Road:

Restricting car-orientated uses such as fast food restaurants, service stations and bulky goods retailing to the southern portion of Albany Highway (generally south of Davis Road), rather than the town centre

The amendment area is located south of Davis Road. Accordingly, car orientated land uses are considered to be consistent with the planning intent of the area identified by the KEDW.

City of Armadale Economic Development Strategy 2013-2017Under the City’s Economic Development Strategy 2013-2017 the stated Future Growth Strategy for the Kelmscott District Centre is.

Strengthen Kelmscott’s District Centre role with expanded retail and commercial activities, but in a way that is complementary to, rather than competitive with, Armadale’s role as the Strategic Metropolitan Centre

5.0 CONCLUSION

The amendment proposes two (2) potential options for amending TPS 4 to enable a wider range of land uses to be developed in the District Centre zone - Restricted Use Area 1. Option 2 proposed by the applicant (change zoning of Restricted Use 1 Area to “Mixed Business/Residential”) would allow for many additional land uses to be considered m the area However, it is considered that this would adversely impact on the retail core of the Kelmscott District Centre, diminish the walkability of the District Centre and be contrary to the relevant Planning Strategies

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Option 1 proposed by the applicant is to allow a small amount of car oriented land uses (currently prohibited in RU1 under TPS 4) to be made discretionary m the area covered by RU1. It is considered that the car oriented nature of three (3) of the land uses justifies them becoming discretionary in RU1. In addition, the insertion of two (2) new land uses (Bulky Goods Showroom and Trade Supplies) in the Zoning Table of TPS4 is proposed along with the definitions for these land uses being inserted in Schedule 1 of TPS No. 4.

It is not considered appropriate for these two new land uses to be allowed ad hoc in the District Centre zone due to a higher level of visual amenity being desirable in the retail core. Accordingly, these new uses will be restricted to the southern portion of the Kelmscott District Centre through insertion of property addresses and land uses in Schedule 2 Additional Uses. Restricted Use 1 area (and other commercial/industrial type zones) as the uses are significantly vehicle oriented and require large land areas for storage of goods.

Following the closure of the advertising period, the proposed amendment and any submissions received during the advertising period will be forwarded to Council for its consideration for final adoption.

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Planning and Development Act 2005

CITY OF ARMADALE TOWN PLANNING SCHEME NO. 4

AMENDMENT NO. 87

The Armadale City Council under and by virtue of the powers conferred upon it in that behalf by the Planning and Development Act 2005, hereby amends the above Local Planning Scheme by:

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COUNCIL ADOPTION

This —> Basic/Complex/Standard <— ### Invalid Field Definition ### Amendment was adopted by Resolution D of the Council of the City of Armadale at the Ordinary Meeting of the Council held on the day of

MAYOR CHIEF EXECUTIVE OFFICER

COUNCIL RECOMMENDATION

This Amendment is recommended —> for support/ not to be supported <— ### Invalid Field Definition ### by Resolution D of the City of Armadale at the Ordinary Meeting of the Council held on the day of 200 and the Common Seal of the City of Armadale was hereunto affixed by the authority of a resolution of the Council in the presence of:

(seal)

MAYOR CHIEF EXECUTIVE OFFICER

WAPC RECOMMENDATION FOR APPROVAL

DELEGATED UNDER S.16 OF THE PD ACT 2005

Date:-

APPROVAL GRANTED

MINISTER FOR PLANNING

Date:-___________

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Properties Subject to Restricted Use 1 Amendment 87 to TPS4

100 100 200m © SCALE 1 : 10000

DATE 15 November 2016 - REVISION 1601

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