key issues - swan.wa.gov.au

Ordinary Meeting of Council 17 December 2014

3.7 PROPOSED MODIFICATIONS TO APPROVAL TO COMMENCE DEVELOPMENT - RESTORATION AND REDEVELOPMENT OF GUILDFORD HOTEL SITE - LOT 18 (NO.159-161) JAMES STREET, GUILDFORD (DA485-11)

Ward: (Midland/Guildford Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning)

KEY ISSUES

• A request to modify the existing planning approval for the restoration and redevelopment of the Guildford Hotel site has been submitted by The Planning Group (TPG) on behalf of the owners.

• The owners have also requested a further extension to the term of the planning approval, which is due to expire on 30 January 2015, for a period of 6 months.

• The proposed modifications seek to remove most of the first floor within the Hotel building, which under the current approval is proposed to contain a function room and 12 guest rooms. This aspect of the current approval is understood not to be required by the intended operation of a restored and refurbished hotel by the signed tenants - the Publican Group.

• Other proposed modifications include the installation of a retractable roof over the front 7.5m of the hotel building and the expansion of the outdoor beer garden on the western side of the building. The roofed metal arcade proposed along the western side of the building under the current approval has been removed.

• All other aspects of the current approval, including the commercial development to the rear of the hotel, are to remain unchanged.

• The proposed modifications were referred to the Heritage Council of Western Australia (HCWA), whom have advised the City of their support for the works subject to conditions. This advice recommends including conditions requiring lighting and signage strategies for the Hotel (not previously required) and detailed working drawings of the retractable roof, details on weather protection for the area beneath the roof and the proposed location of mechanical services.

• The proposed changes were also advertised for public comment for a period of 21 days, with direct written notification to surrounding property owners, newspaper notices and a sign onsite inviting interested parties to make a submission. Four submissions were received, including a submission from the Guildford Association which expressed concern with the potential impact of the roof on the internal heritage fabric of the building and the impact of noise, exacerbated by the void and open roof on the surrounding residential area.

• The operation of the retractable roof and its influence on noise levels generated from the Hotel can be managed by way of an additional condition requiring an acoustic assessment.


• The HCWA is satisfied with the provision of a retractable roof. Their requirement for further detailed drawings of its installation should ensure that this feature does not adversely impact the heritage fabric of the building.

• The owners have recently made significant progress in commencing restoration works on the hotel, having obtained Heritage Council approval for pre-enabling works. The recent issue by the City of a Building Permit for a permanent roof over the balance of the hotel building is considered to justify a further 6 month extension to the existing planning approval to enable completion of works sufficient to qualify as substantial commencement.

It is recommended that the Council resolve to modify the existing planning approval for the Restoration and Redevelopment of the Guildford Hotel site issued 13 June 2012 with the inclusion of new plans and some modifications to the existing conditions.

AUTHORITY/DISCRETION

Council has discretion under Clause 10.3 of the Scheme to determine applications for planning approval.

Clauses 7.3, 7.5 and 7.6 of the Scheme pertain to Heritage Agreements, Variations to Scheme Provisions and Conservation Incentives available to Council in the consideration of development applications for places entered on the Register of Heritage Places pursuant to the Heritage of Western Australia Act 1990.

BACKGROUND

Applicant: The Planning Group WA Pty Ltd (Directors: David Caddy, Jan Burch, Andrew Howe, David Read, Tony Paduano, Mike Best)

Owner: Castle Towers Pty Ltd (Directors: Luke John Martino, Caroline Elizabeth Martino, Domenic Vincent Martino) and Fanucci Pty Ltd (Director: Christopher Domenic Martino)

Zoning: LPS17 - General Commercial MRS - Urban Strategy/Policy: Pol-C-066 Guildford Conservation Precinct Development Scheme: LPS 17 Existing Land Use: Hotel Lot Size: 4507m2


DETAILS OF THE PROPOSAL

The proposed amendments to the previously approved Development Application are noted below:

• The application proposes modification to the Hotel redevelopment only;

• The previously approved retail component remains unchanged;

• The current approval proposed that the second floor be developed with 12 guest rooms and a function centre, it is now proposed that only a small 190sqm section which will comprise storage area and office will be constructed in the rear section of the second floor. The remaining portion of the second floor will not be developed with this area left as a void.

• The beer garden is now proposed to be extended out to the western boundary edge and it is proposed to remove the covered iron walkway which was previously proposed in this area.

• It is proposed to install a retractable roof over the front portion of the building, with the remaining section of roof to be completed as pre-enabling works for which a building permit has been issued.

DESCRIPTION OF SITE

The subject site is an "L" shaped lot of approximately 4500m2 in area situated on the western corner of the T-junction of Johnson Street and James Street in Guildford. The Guildford Hotel structure sits on the northern portion of the lot, the balance of which is sealed car parking area with some mature trees along its southern rear boundary and western side boundary.

The lot abuts residential lots to the south along Johnson Street and Shenton Avenue and to the west along Ethel Street. To the north and west are commercial properties along James Street.

SITE HISTORY/PREVIOUS APPROVALS

The City has a record of a number of approvals since 1981; the most recent approval was granted by Council in June 2012 for restoration works to the fire damaged Hotel and the addition of retail shops at the rear of the property.


OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

November 2011 Council resolved to support a proposal for the restoration of the Guildford Hotel, comprising its continued use as a boutique hotel at the ground level with the addition of a bottle shop attached to the rear of the hotel building and the provision of 12 guest rooms and a function room facility at first floor level.

To the rear of the site was proposed to be developed with a commercial building of approximately 1300m2 comprising an intended fresh market grocer (754m2) and four separate shop tenancies in the order of 110-133m2 in area.

July 2014 Council resolved to grant an extension of time to the approval issued in June 2012 for an additional 6 months for works to be commenced.

PUBLIC CONSULTATION

The application was advertised for public comment for a period of 21 days. This comprised direct written notification to 21 abutting landowners, signs placed onsite and notices in the local newspaper inviting interested parties to make a submission.

A total of 6 submissions were received. Of those, 2 objected to the proposal, 3 were letters of non-objection and 1 provided conditional support subject to a number of elements being considered.

These issues will be addressed further in the report.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The application was referred, as required under legislation, to the State Heritage Office whose comments are summarised below:

The proposed amendment to the Guildford Hotel redevelopment, including the western beer garden that extends to the site boundaries, is supported subject to the following conditions:

1. The following items are submitted to the satisfaction of the Executive Director of the State Heritage Office prior to the application for building permit:

a) Drawings detailing the retractable roof and the reconstruction of the belvedere;

b) Method of protection and storm water management for former internal fabric below the proposed retractable roof;

c) Schedule of conservation works;

d) Proposed location of mechanical services;

e) Interpretation strategy which includes implementation timeframes;


f) Materials schedule and colour schedule which is to be informed by a colour investigation;

g) External lighting strategy;

h) Signage strategy;

2. The proposed planter box with tree located below the reconstructed belvedere shall not be a permanent structure;

3. The owner shall enter into a Heritage Agreement with the Heritage Council to ensure the ongoing conservation, interpretation and maintenance of the Guildford Hotel. The Heritage Agreement, which will include timeframes for conservation and interpretation works, is to be completed prior to the issuing of the Certificate of Practical Completion;

4. A program of monitoring any structural impacts on the extant fabric of the hotel building shall be implemented at the commencement of works. Should any impact occur, the State Heritage Office is to be notified immediately and advised on a recommended course of action by a qualified structural engineer.

It is noted that many of the above requirements have already been incorporated as conditions in the current approval, barring a), b), d), g) and h).

These additional requirements can be incorporated as modifications to the existing Condition 2 of the approval.

DETAILS

Zoning and permissibility of use

The subject lot is zoned General Commercial under the City’s Local Planning Scheme No.17. The proposed modifications do not change the proposed use of the land as classified under the original approval those being Hotel ('A') or Tavern ('A'), Shop ('P') and Reception Centre ('P').

Development standards

The proposed modifications do not raise any new considerations with respect to compliance with, or approved variation to, the Scheme development standards (plot ratio, height, setbacks or car parking).

In fact the removal of the upstairs function room and guest rooms reduces the overall floor space of the hotel and therein reduces the overall parking requirement under the scheme. Notwithstanding, no change to the condition requiring provision of 42 parking bays onsite is proposed.

Impact of retractable roof on heritage fabric of hotel building and impact of general changes to heritage significance.

The Guildford Association has cited general concern with the impact that constant changes to the hotel building will have on the fabric of the building and therein its heritage status. This includes concern with the impact the installation of a retractable roof may have on the building fabric.


In response to these concerns the applicant’s heritage consultants state:

"The fire has not irreparably destroyed the cultural heritage value of the place nor has it jeopardised the place's heritage status. The Guildford Hotel is recognised as place of cultural heritage value as a local landmark and as a fine example of Federation Free Classical architecture, demonstrating the prosperity and development of the Guildford area at the tum-of-the-century. It also has social value, as it makes a positive contribution to the local sense of place. We consider the place retains these values and remains as an important component in the Guildford Town Centre It is considered that the devastating fire that led to the place's partial destruction, has added to the place's history and now contributes to its significance. Our approach embodied in this Development Application is not to disregard or erase this aspect of the place's more recent history. This aligns with article 15.4 of the Burra Charter 'the contributions of all aspects of cultural significance of a place should be respected'. Based on a respect for the remaining fabric, we are seeking to conserve and reactivate the Hotel so it can once again contribute to the vibrancy of Guildford and its heritage. The Burra Charter does not prevent change and adaptation. Rather it states 'new work may be acceptable where it does not distort or obscure the cultural significance of the place, or detract from its interpretation and appreciation.' This approach does not distort or obscure the articulated cultural heritage values of the place, which is largely based on its external presentation and landmark qualities. Rather it seeks to interpret the extent of the original and much smaller 1885/86 Hotel building. We consider that this approach helps convey how the Hotel has evolved over time to meet changing demands and expectations. The retractable roof will be readily identifiable as new work and it will not dominate or draw attention away from the significance of the Hotel as it will not be visible from the street."

All that City staff can say in response to this issue is that the Heritage Council of WA, has supported the proposed modifications conditional upon detailed drawings of the retractable roof and the proposed restoration of the Belvedere being submitted for their prior approval.

This requirement will be incorporated into a modification to the existing Condition 2 of the current approval.

Impact of interior void and retractable roof through noise

Two submissions raised concern with the potential for the void area to amplify crowd noise and for this to be more readily transmitted through the open roof. It is contended in these submissions that this has the real potential to adversely impact the amenity of surrounding residential properties.

City staff agree that this could be problematic and accordingly it is considered prudent to impose on the modified approval a new condition as follows:


"Prior to the occupation of the hotel building, a management plan, with an accompanying acoustic assessment, shall be submitted, to the satisfaction of the Chief Executive Officer, setting out the operation of the retractable roof having regard to the need to mitigate noise impact in accordance with the Environmental Protection (Noise) Regulations 1997."

Details of external materials and colour schemes

Two submissions cited concern with the absence of such details. In response to this the Applicant’s heritage consultants state: "We have yet to resolve the final colour scheme of the building or interior fit out. However, we have been liaising with the State Heritage Office on these aspects and will provide this detail at the Building Licence stage. The exterior colour scheme will be informed by paint scrapes and at this stage will involve paint removal to reveal original brick work in select locations." The further provision of precise details on both external and internal materials, finishes and colours for the approval of the HCWA is a condition of the current planning approval. This requirement will remain unchanged. Extension of time

The applicant was granted, in June of this year, a six month extension to the term of the current planning approval – this is to expire on 30 January 2015. In the past 6 months the applicant has been liaising with the HCWA to prepare and gain approval for the tranche of working drawings for the restoration and conservation of the hotel. This include the installation of a permanent roof to the majority of the hotel building – with a building permit for this issued by the City in November this year.

In order for the proponents to complete these works, and thereby claim substantial commencement of the planning approval a further 6 month extension to the term of the approval is recommended.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to modify the planning approval for the Restoration and Redevelopment of the Guildford Hotel site, Lot 18 (No.159-161) James Street, Guildford by way of provision of new plans and modifications to the attached conditions.

Council may also resolve to extend the term of the planning approval for a period of 6 months until 30 July 2015.

Implications: The Guildford Hotel building will be restored in a manner “fit for purpose” for use by the Publican Group. The extension of time will allow the owners to progress works to the point of “substantial commencement” under the current planning approval.

This is the recommended option.


Option 2: Council may resolve to Refuse to modify the planning approval for the Restoration and Redevelopment of the Guildford Hotel site, Lot 18 (No.159-161) James Street, Guildford for the following reason:

1. The removal of the first floor and the installation of a retractable roof are considered to constitute significant alterations to the fabric of the hotel building with real potential to adversely impact Its Heritage attributes.

Implications: The applicant will have a right of appeal to the State Administrative Tribunal.

This is not the recommended option.

CONCLUSION

The application proposes to modify the planning approval issued by Council in June 2012. The modifications proposed only relate to the refurbishment of the Hotel building.

The modifications propose to restore only a small portion of the first floor with office and storage area leaving the remainder as a void. It is also proposed to install a retractable roof in the northern section of the building and increase the size of the beer garden with the removal of the previously approved covered walkway.

The proposed modifications were referred to the Heritage Council of Western Australia, whom have advised the City of their support for the works subject to conditions This advice recommends including conditions requiring lighting and signage strategies for the hotel (not previously required) and detailed working drawings of the retractable roof, details on weather protection for the area beneath the roof and the proposed location of mechanical services.

The proposed changes were also advertised for public comment for a period of 21 days, with direct written notification to surrounding property owners, and newspaper notices and a sign onsite inviting interested parties to make a submission. Four submissions were received, including a submission from the Guildford Association whom expressed concern with the potential impact of the roof on the internal heritage fabric of the building and the impact of noise, exacerbated by the void and open roof on the surrounding residential area.

The operation of the retractable roof and its influence on noise levels generated from the Hotel can be managed by way of an additional condition requiring an acoustic assessment.

The Heritage Council of WA is satisfied with the provision of a retractable roof. Their requirement for further detailed drawings of its installation should ensure that this feature does not adversely impact the heritage fabric of the building.

As the current term of approval is due to expire on 30 January 2015 it is recommended that this be extended for a further 6 months to expire on 30 July 2015.


ATTACHMENTS

Proposed Site Plan

Proposed Ground Floor Plan

Proposed First Floor Plan

Proposed Elevations

Proposed Elevations

Proposed Roof Plan

STRATEGIC IMPLICATIONS

Nil.

STATUTORY IMPLICATIONS

Planning and Development Act 2005

Heritage of Western Australia Act 1990

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Modify the planning approval for the Restoration and Redevelopment of the Guildford Hotel site, Lot 18 (No.159-161) James Street, Guildford, issued on 13 June 2012, the term of which was extended by Council until 30 January 2015, in the following manner:

1. The existing approved plans are superseded by the new:

(i) Site plan

(ii) Ground Floor Plan

(iii) First Floor Plan

(iv) Roof Plan

(v) Elevations

2. Condition 2(ii) to read:

Submit to the satisfaction of the Executive Director of the Office of Heritage (Heritage Council of Western Australia), documentation and plans, prepared by a suitably qualified heritage consultant, comprising the following content:

(a) detailed information and drawings about the extent of demolition and retention;

(b) sections through the proposed design that will provide detailed understanding of construction;

(c) details on the scope of conservation works to be undertaken, including drawings detailing the retractable roof and the reconstruction of the Belvedere;

(d) method of protection and storm water management for former internal fabric below the proposed retractable roof;

(e) proposed location of mechanical services;

(f) information regarding the interface between the existing and proposed structure, particularly that of the new structure labelled as ‘local shop’ and the southern wall of the existing building;

(g) detailed drawings of the proposed street elevations of all buildings and a schedule of materials and colours to be utilised throughout;

(h) an interpretation strategy that will tell the stories of the hotel;

(i) external lighting strategy; and

(j) signage strategy.


3. A new condition to be added as Condition 29:

Prior to the occupation of the hotel building, a management plan, with an accompanying acoustic assessment, shall be submitted, to the satisfaction of the Chief Executive Officer, setting out the operation of the retractable roof having regard to the need to mitigate noise impact in accordance with the Environmental Protection (Noise) Regulations 1997.

2) Extend the term of the existing approval, and this modified approval, until 30 July 2015.

MOTION that the Council resolve to adopt the staff recommendation.

(Cr Parasiliti- Cr Elliott)

RESOLVED UNANIMOUSLY TO:

1) Modify the planning approval for the Restoration and Redevelopment of the Guildford Hotel site, Lot 18 (No.159-161) James Street, Guildford, issued on 13 June 2012, the term of which was extended by Council until 30 January 2015, in the following manner:

1. The existing approved plans are superseded by the new:

(i) Site plan

(ii) Ground Floor Plan

(iii) First Floor Plan

(iv) Roof Plan

(v) Elevations

2. Condition 2(ii) to read:

Submit to the satisfaction of the Executive Director of the Office of Heritage (Heritage Council of Western Australia), documentation and plans, prepared by a suitably qualified heritage consultant, comprising the following content:

(a) detailed information and drawings about the extent of demolition and retention;

(b) sections through the proposed design that will provide detailed understanding of construction;

(c) details on the scope of conservation works to be undertaken, including drawings detailing the retractable roof and the reconstruction of the Belvedere;

(d) method of protection and storm water management for former internal fabric below the proposed retractable roof;


(e) proposed location of mechanical services;

(f) information regarding the interface between the existing and proposed structure, particularly that of the new structure labelled as ‘local shop’ and the southern wall of the existing building;

(g) detailed drawings of the proposed street elevations of all buildings and a schedule of materials and colours to be utilised throughout;

(h) an interpretation strategy that will tell the stories of the hotel;

(i) external lighting strategy; and

(j) signage strategy.

3. A new condition to be added as Condition 29:

Prior to the occupation of the hotel building, a management plan, with an accompanying acoustic assessment, shall be submitted, to the satisfaction of the Chief Executive Officer, setting out the operation of the retractable roof having regard to the need to mitigate noise impact in accordance with the Environmental Protection (Noise) Regulations 1997.

2) Extend the term of the existing approval, and this modified approval, until 30 July 2015.


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