ordinary meeting of council 25 september 2013...ordinary meeting of council 25 september 2013 3.6...

Ordinary Meeting of Council 25 September 2013

3.6 PROPOSED CHANGE OF USE FROM "WAREHOUSE" TO "WAREHOUSE" AND "SHOWROOM" - LOT 200 (UNIT 2, NO. 756) MARSHALL ROAD, MALAGA

Ward: (Ballajura Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning)

KEY ISSUES

• Lot 200 Marshall Road contains two (2) existing commercial units, Unit 1 and 2. Both Units were approved as "Warehouse" by the City in 2001 with a combined floor area of 1364m2 and the provision of 29 car parking bays.

• In June 2012 a retrospective approval was granted for a mezzanine office and storage area in Unit 1, taking its floor area from 660m2 to 805m2. In April 2013 approval was granted to change the use of Unit 1 to "Industry - Light". These approvals resulted in a shortfall of three (3) car parking bays to the site.

• The applicant previously leased both Unit 1 and 2 for the warehousing of tiles. They now propose to consolidate the tile warehouse and a showroom into Unit 2 only. This will incorporate a warehouse component of 356.25m2 and a showroom (with incidental office) of 347.75m2.

• Lot 200 is zoned "Highway Service" under the City's Local Planning Scheme No.17 (LPS 17) and the proposed change of use to Unit 2 includes both "Warehouse" and "Showroom" land use classifications.

• The proposal will result in a parking shortfall of seven (7) car parking bays to Unit 2. With the existing shortfall of three (3) bays resulting from Unit 1, the total car parking shortfall on site will be ten (10) car parking bays.

• There is no capacity to increase the availability of car parking within the site. Furthermore, the City's Malaga Parking Implementation Strategy 2011 does not identify on street parking within the immediate walkable area. A requirement for cash-in-lieu for parking therefore cannot be imposed.

• It is considered that the parking shortfall for ten (10) car parking bays is minor and should be supported. This is due to the nature of the proposed business with a low level customer base thereby a low demand for car parking at the subject site will occur.

It is recommended that the Council resolve to grant a dispensation for a ten (10) car parking bay shortfall and approve the proposed change of use from "Warehouse" to "Warehouse" and "Showroom" at Lot 200, Unit 2, No.756 Marshall Road Malaga, subject to conditions.

Ordinary Meeting of Council 25 September 2013 AUTHORITY/DISCRETION

Council has discretion in accordance with Clause 10.3 of LPS 17 to approve (with or without conditions) or refuse to approve a development application.

BACKGROUND

Applicant: Seng Kee Tan Owner: Gambetta Holdings Pty Ltd (Director: Leno John Cilia) Zoning: TPS - Highway Service MRS - Industrial Strategy/Policy: Local Planning Policy POL-TP-125 - Building and

Development Standards - Commercial Zones, Local Planning Policy POL-TP-129 - Vehicle Parking Standards, Malaga Parking Implementation Strategy 2011.

Development Scheme: N/A Existing Land Use: Warehouse Lot Size: 2705m2 Lot Area: Malaga Use Class: "Warehouse" - "P"

"Showroom" - "P"

DETAILS OF THE PROPOSAL

The applicant has operated a tile warehouse from both Unit 1 and Unit 2 at the subject site for the last five years. However the lease for Unit 1 recently expired and the approved land use for that unit changed to "Industry-Light" in April 2013. As such, the applicant is consolidating the business into Unit 2 only and therefore seeks approval for a "Warehouse" and "Showroom".

In addition to the above, the applicant has advised that due to economic changes, a reduced customer demand is occurring with an average of three (3) to five (5) separate customer visits per day. With a total floor area of 704m2 in Unit 2, the warehouse will cover 356.25m2 and the showroom will cover 347.75m2. An incidental office and amenities area of 74.75m2 is included in the showroom area.

The business primarily on sells imported tiles to building companies and other retailers and maintains four (4) staff members within the business.

DESCRIPTION OF SITE

The subject lot is located in the locality of Malaga, within a strip of commercial properties fronting Marshall Road. The existing 29 car parking bays are located within the front setback area of Lot 200. An easement created through a Restrictive Covenant for reciprocal rights of carriageway burdens the subject and adjoining Lots 195 to 199. This easement allows all burdened lots to gain unrestricted access to Marshall Road via crossovers at Lot 195 and subject Lot 200. The subject Unit 2 at the site remains being used as a "Warehouse" for the subject business. The adjoining Unit 1 was previously

Ordinary Meeting of Council 25 September 2013 being used for the same use as Unit 2 by the applicant however their lease expired and the City granted a change of use planning approval in April 2013 to "Industry-Light".

Adjoining to the north of the subject lot is land zoned under LPS 17 as "Industrial Development". Approximately 140m further north from the subject lot are "Residential" zoned lots.

SITE HISTORY/PREVIOUS APPROVALS

Development Applications

DA-13033/2001 Proposed construction of warehouse approved (Unit 1 and 2).

DA-362/2012 Retrospective internal mezzanine floor, office and store room approved for Unit 1 only.

DA-185/2013 Proposed change of use to Unit 1 - "Warehouse" to "Industry-Light".

Building Applications

BP-621/2001 Proposed construction of warehouse approved.

OP-58/2012 Internal mezzanine floor, office and store room approved for Unit 1 only.

OP-4/2013 Built Strata approved for Unit 1 and 2.

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Nil

APPLICANT'S SUBMISSION

The applicant has provided the following comments in support of their application:

• The change of use to include the "Showroom" component in Unit 2 is necessary as the lease for the applicant's other premises (Unit 1 at the subject lot) has expired and the Industry-Light approval does not fit with the subject business.

• The business has four (4) staff members and given the main customer base are building companies and other retailers, the average daily customer attendance is very low (3 to 5 per day).

• There is sufficient parking within the immediate area and the low level of customer attendance results in a low demand for parking.

Ordinary Meeting of Council 25 September 2013 PUBLIC CONSULTATION

Nil

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Nil

DETAILS

Zoning and permissibility of use:

The subject lot is zoned "Industrial" under the Metropolitan Region Scheme (MRS) and "Highway Service" under Local Planning Scheme No. 17. The proposed land uses of "Warehouse" and "Showroom" are both permitted ('P') uses in this zone.

Internal Additions

The application proposes to construct an internal office with staff tea room and amenities. This comprises a total floor area of 74.75m2 within the front left corner of the unit. The main showroom will comprise an area of 273m2 and will be located in the front and centre of the unit. The existing warehouse component will cover an area of 356.25m2 and cover the rear and remaining sides of the unit.

These internal structures are considered minor and do not impact on the exterior of the unit, nor do they increase the site coverage. The physical additions will not impact on the amenity of the area and is considered to comply with POL-TP-125 Building and Development Standards - Commercial Zones.

These additions will require a Building Permit prior to being constructed.

Proposed Business

The applicant proposes that the subject business will operate from 9.00am to 5.00pm week days and from 9.00am to 3.00pm on Saturdays. Four (4) staff members are employed as part of the business. The applicant also advises that due to economic reasons, the business is downsizing and therefore another reason for consolidation into Unit 2 only. Daily customer levels average at a low three to five people only. This is due to the main customer base being building companies and other retailers. As such, demand for onsite parking is also low.

Parking Adequacy:

Local Planning Policy POL-TP-129 - Vehicle Parking Standards states that parking for a warehouse should be provided at a rate of two (2) spaces per 100m2 of gross leasable area (GLA) or two (2) spaces per person employed, or a minimum of six (6) spaces, whichever is the greater figure. The same policy also states that parking for a showroom should be provided at a rate of four (4) spaces for every 100m2 of display and sales area. In addition, storage areas associated with a showroom apply the same rate required for a warehouse, as outlined above.

When originally constructed in 2001, the site was provided with 29 car parking bays for use by both Unit 1 and 2. When applying the above car parking requirements to Unit 2,

Ordinary Meeting of Council 25 September 2013 the proposal alone will generate a requirement for 21 car parking bays. In April 2013, the City approved a change of use to Unit 1 as "Industry-Light" (DA-185/2013). 24 car parking bays were required and the applicant proposed to provide six (6) of those inside Unit 1. At that time, Unit 2 was solely warehouse with a requirement to maintain a minimum of 14 bays. 18 bays were required external to Unit 1 however only 15 of the 29 external bays were available. A total shortfall of three (3) car parking bays were approved across the site.

As a result of the existing approved land use in Unit 1 and the subject proposal in Unit 2, a total of 39 bays will be required externally for both units. A seven (7) car parking bay shortfall results from the subject proposal alone. With the existing shortfall of three (3) bays from Unit 1, a total shortfall of ten (10) car parking bays across the site will occur.

There is no provision for further parking bays to be constructed externally on site. Therefore consideration of Clause 2.12 of POL-TP-129 Vehicle Parking Standard relating to Cash Payment in Lieu of Providing Parking Spaces is required. The Malaga Parking Implementation Strategy 2011 however does not propose on-street parking within the immediate area of the subject site and within a walkable distance. Nor is any proposed within the next five to ten years. Malaga Drive itself is disqualified from provision of verge parking bays under the Policy due to its volume of traffic. Given these circumstances it is considered there is no capacity to reasonably impose a condition requiring a cash contribution in lieu of the shortfall of parking bays.

In any event, the business operations proposed above are not considered to result in a high demand for parking, such that the shortfall will generate parking problems. Accordingly it is recommended that Council grant the dispensation for the ten (10) car parking bay shortfall at the subject site. It is also recommended that a condition be imposed requiring that any change in the occupation of the units by a new business require further planning approval.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to approve the proposed application with a dispensation for a ten (10) car parking bay shortfall across the subject site, subject to conditions.

This is the recommended option.

Implications: Although a theoretical parking shortfall will exist, it is considered that the actual parking demand will be adequately served by the existing parking provided on site.

Option 2: Council may resolve to refuse the proposed application on the grounds that a parking shortfall currently exists and the proposal may contribute to an impact on amenity through parking and traffic difficulties.

This is not the preferred option.

Implications: If aggrieved with the Council's decision, the applicant, in accordance with Part 14 of the Planning and Development Act 2005, has the right of review to the State Administrative Tribunal within 28 days of Council's decision.

CONCLUSION

Ordinary Meeting of Council 25 September 2013 This application is for a proposed change of use from "Warehouse" to "Warehouse" and "Showroom" at Lot 200 (Unit 2, No. 756) Marshall Road, Malaga. The subject lot is zoned "Highway Service" and both proposed land uses are permissible uses. The amount of floor space to be used for warehouse and showroom will result in a total of 21 car parking spaces required for Unit 2 alone. Unit 1 is approved for "Industry-Light" with 18 external parking bays required (15 physical bays and a 3 bay short fall), a theoretical total parking requirement on site is 39 parking bays. The total number of existing parking bays available to the two Units on site is 29 bays, resulting in a shortfall of ten (10) car parking bays.

It is considered that the theoretical shortfall of ten (10) car parking bays can be supported given the nature of the proposed business is not likely to generate the Vehicle Parking Standard's predicted demand for parking. In addition, Malaga Drive is unsuitable for verge parking and the Malaga Parking Implementation Strategy 2011 does not identify any available on street parking locations elsewhere within the immediate area. It is therefore not considered appropriate to require a cash-in-lieu contribution for the parking shortfall.

In summary, it is considered that the proposal will not result in parking or traffic difficulties and will not adversely impact the amenity of the area. The application is therefore supported and approval is recommended, subject to conditions.

ATTACHMENTS

Attachment 1 - Locality Plan

Attachment 2 - Approved Site Plan

Attachment 3 - Approved Unit Plan

Attachment 4 - Proposed Floor Plan

STRATEGIC IMPLICATIONS

Malaga Parking Implementation Strategy 2011

STATUTORY IMPLICATIONS

Planning and Development Act 2005

Local Planning Scheme No. 17

POL-TP-125 - Building and Development Standards - Commercial Zones

POL-TP-129 - Vehicle Parking Standards

Ordinary Meeting of Council 25 September 2013 FINANCIAL IMPLICATIONS

Should Council resolve to refuse approval of the application, the applicant has the right of review through the State Administrative Tribunal (SAT), in accordance with Part 14 of the Planning and Development Act 2005. A review at the SAT could incur additional legal costs to the City.

VOTING REQUIREMENTS

(Simple majority)

RECOMMENDATION

That the Council resolve to:

1) Approve the application for a change of use from "Warehouse" to "Warehouse" and "Showroom" at Lot 200 (Unit 2, No. 756) Marshall Road, Malaga subject to the following conditions:

1. This approval is for a "Warehouse" and "Showroom", 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. With respect to condition 1, the approved floor area for "Warehouse" is 356.25m2 and the remaining approved floor area for "Showroom" and incidental office, tea room and amenities is 347.752m2. Any subsequent increase and modifications in floor area and layout will require further approval from the City.

3. Any proposed occupation of Unit 2 by a business other then the business occupying the premises at the time of issue of this approval will require the further approval of Council.

4. Provision must be made for access and facilities for use by people with disabilities in accordance with the provisions of the Building Code of Australia and AS 1428.1.

5. 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.

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

7. The existing twenty nine (29) car parking bays are to be line marked and maintained in good repair, to the satisfaction of the City.

8. 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) This approval is not an authority to ignore any constraint to development on the land, which may exist through contract or on title, such as an easement or restrictive covenant. It is the responsibility of the applicant and not the City to investigate any such constraints before commencing development. This approval will not necessarily have regard to any such constraint to development, regardless of whether or not it has been drawn to the City’s attention.

b) The Developer must ensure that compliance with the access and facilities for disabled requirements of the Building Code of Australia and all other relevant Australian Standards in respect of access and facilities for the disabled are met.

c) 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 Permit 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).

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

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

f) The proposed development is required to comply in all respects with the Building Code of Australia and Health (Public Building) Regulations 1992. Plans and specifications which reflect these requirements are required to be submitted with the Building Permit application.

g) To enable your Building Permit application to be assessed promptly, please ensure a complete application is submitted to the City.

To assist in preparing a complete Building Permit application refer to the City of Swan's 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.

CARRIED

ordinary meeting of council 25 september 2013...ordinary meeting of council 25 september 2013 3.6...

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