proposed local development plan - lot 9312 the promenade ...€¦ · the proposed ldp has been...

Ordinary Meeting of Council 10 May 2017

3.2 PROPOSED LOCAL DEVELOPMENT PLAN - LOT 9312 THE PROMENADE, ELLENBROOK (LDP 4-2016)

Ward: (Ellenbrook Ward) (Statutory Planning)

Disclosure of Interest:

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• A draft Local Development Plan (LDP) has been submitted for a street block within the Ellenbrook Town Centre’s Mixed Use zone, to provide development guidance for future development on the land.

• Under Local Planning Scheme No.17 (LPS17), there is potential for a very wide range of uses to be approved within this zone, including residential. The only prohibited (“X”) use is “Factory Tenement Building”.

• Under the endorsed structure plan (DP5/F), the land is subject to a density coding of R60-160 for residential development.

• As a condition of subdivision approval WAPC 152581, an LDP is required in order to address issues of vehicle access, dwelling orientation and setback requirements.

• The existing endorsed structure plan (DP5/F) also provides a head of power for LDP’s to be prepared and approved for sites within the Ellenbrook Town Centre, and to include provisions beyond those outlined in the subdivision condition. LDP’s are to address the objectives for each precinct within the Town Centre, and may include a range of matters as outlined in the structure plan.

• Under DP 5/F, objectives for the High Street precinct include a high standard of built form that activates adjoining streets, a quality pedestrian environment, flexible building designs that cater for a mix of uses, and parking on-street and concealed behind buildings.

• The draft LDP was advertised to surrounding landowners for a period of 14 days. One submission was received, an objection from Bunnings, across the road from the site.

• The objection cited concerns about “reverse amenity” (i.e. complaints from future residents about the impact of Bunnings operations) and suggested that building facades facing Brick Lane should be treated to deal with potential visual and acoustic amenity issues, through providing screening, double glazing and wall insulation.

• As it is desirable to provide surveillance to surrounding streets (including Brick Lane) to provide a safe walkable town centre, it is considered inappropriate to require any visual screening to Brick Lane.

• Under the existing Noise Regulations, it is the responsibility of Bunnings to manage their noise emissions so that they comply with the requirements of the Noise Regulations. It is not considered reasonable to require later developers to install noise mitigation measures to protect Bunnings from future complaints.


• The LDP includes a provision which requires applications which propose non-residential uses on the site to be accompanied by acoustic reports, which demonstrate how the development has been assessed and designed for the purpose of minimising noise intrusion and/or noise emissions. This is considered satisfactory in terms of implementing the structure plan objective of providing for “flexible building designs that cater for a mix of uses”. It will ensure developers on the site consider and manage noise emissions from their own developments.

It is recommended that the Council approve the draft Local Development Plan as proposed.

AUTHORITY/DISCRETION

Council has authority to determine a local development plan in accordance with clause 52(2) of Part 6 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015. If the applicant is aggrieved with the decision of Council, a right of appeal may exist in accordance with Part 14 of the Planning and Development Act 2005.

BACKGROUND

Applicant: Roberts Day Owner: Department of Housing Zoning: LPS17 - Special Use Zone 4

Under adopted structure plan DP5, the land falls within the “Mixed Use” zone of the Ellenbrook Town Centre, and is subject to an R60-R160 coding for residential development

MRS - Urban Strategy/Policy: NA Development Scheme: NA Existing Land Use: Cleared and vacant land Lot Size: 5789m2 (future lot) Lot Area: Ellenbrook Town Centre

DETAILS OF THE PROPOSAL

The application is for a Local Development Plan (LDP 5/2016) to implement provisions outlined in the endorsed Ellenbrook Town Centre structure plan DP5, and in subdivision condition WAPC 152581. The LDP will provide guidance for future development of the site.


DESCRIPTION OF SITE

The subject land is a long narrow street block in the Ellenbrook Town Centre (measuring roughly 25m x 225m). It is in the middle of an area which has been partially subdivided and developed, while other portions are still sand / vacant land.

To the north east, the land fronts Brick Lane. Immediately across Brick Lane and running parallel to this street block is the Ellenbrook Bunnings Warehouse, with its back of house (delivery entrance and storage) areas facing the subject site. Diagonally across Brick Lane is the Masters Warehouse, with its delivery entrance on the corner facing the subject site.

To the south west, the land fronts Ellen Stirling Parade. The land on the opposite side of Ellen Stirling Parade has been subdivided into very small lots (predominantly long thin lots between 120m2 and 200m2), evidently intended for residential development. This area also includes a small linear park cutting through the centre, and connecting to a larger park, and two public parking areas.

To the north west is a large area of cleared and vacant land abutting remnant pine plantation; this is part of a superlot yet to be subdivided.

To the south east is another vacant parcel of land of similar proportions, subject of a similar proposed Local Development Plan.

SITE HISTORY/PREVIOUS APPROVALS

WAPC 152581 (COS ref SB 070-15)

Subdivision approval WAPC 152581 applies to the land and includes Condition 19. This condition requires the preparation of Local Development Plan(s) to address issues of vehicle access, dwelling orientation and setback requirements.

Development Plan 5 (Structure plan for the Ellenbrook Town Centre)

Endorsed DP5 designates an R coding of R60-R160 over the subject land, for residential development. There are no design/development standards in place as yet to govern non-residential development on the land.

The existing endorsed DP5 includes provisions for the preparation of Detailed Area Plans (now known as LDP’s) for sites within the Town Centre. The LDPs are to address the objectives of the Structure Plan guidelines (including objectives for each precinct within the Town Centre). Matters to be addressed by LDP’s will include:

• Building orientation, design and setbacks • Overlooking / privacy • Car parking and access, including pedestrian access • Private open space • Passive solar design.

The guiding principles for the High Street Precinct describe an environment which can accommodate “an assortment of complementary land uses, including office, retail, dining, community and showroom, within a quality urban environment that incorporates the flexibility for adaptation and intensification over time”.


Guiding principles which are relevant to the proposed LDP include:

• High standard of built form that activates frontage streets, Station Plaza and laneways

• Quality pedestrian environment on all streets and intimate pedestrian laneways • Flexible building designs that cater for a mix of uses • Parking on-street and within central courts concealed behind buildings

OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL

Nil

APPLICANT'S SUBMISSION

… "I don’t believe Bunnings have any planning basis for their submission, for the reasons outlined below:

1. Bunnings purchased their site with the zoning in place for the adjacent sites subject of the LDP’s. The Precinct Zoning Plan in the endorsed Town Centre Development Plan designate[s] the apartment sites as “Mixed Use” where a multiple dwelling is a “P” use. This endorsed zoning plan was available for Bunnings to consider in their due diligence when they purchased the site.

2. Bunnings as a retail / commercial operator are required to comply with the Environmental Protection (Noise) Regulations 1997. The onus is on Bunnings to operate their business in accordance with these noise regulations.

3. The Ellenbrook Town Centre by its very nature is a mixed use town centre and not a quiet suburban village. At present, the shopping centre operates two loading areas directly opposite a retirement village. We do not want to go down the path of seeking to implement planning controls over separate land uses in the town centre when existing legislation (EPA noise regulations) already exist[s]."

PUBLIC CONSULTATION

The draft LDP was advertised to surrounding landowners for a period of 14 days, in accordance with clause 50(2) of Part 6 of Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015. One response was received, an objection from Bunnings, the landowner immediately to the north of the site.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

Nil


DETAILS

The proposed LDP has been prepared in response to Condition 19 of subdivision approval WAPC 152581, which requires the preparation of a Local Development Plan (LDP) to address issues of vehicle access, dwelling orientation and setbacks for the subject land.

While not outlined in the subdivision condition, there is scope for an LDP to address further issues as outlined in the endorsed Ellenbrook Town Centre structure plan DP5, in line with Clause 47(b) of the Planning and Development (Local Planning Schemes) Regulations (2015).

It is noted that the land subject of the draft LDP is located within the Mixed Use Precinct of the Ellenbrook Town Centre. This allows scope for an extremely wide range of uses to be approved on the land, including residential uses. Under the Ellenbrook Town Centre zoning table in LPS 17, the only use which cannot be approved (i.e. the only “X” use) is a Factory Tenement Building.

Furthermore, the land is subject to a density coding of R60-160 (i.e. a density range) under the endorsed structure plan DP5. This applies for residential development, but there are no clear standards in place for non-residential development.

It is desirable to have an LDP which provides design and development guidance, not only for the issues outlined in the subdivision condition, but also for relevant issues identified in the structure plan (DP5). These are outlined above, under “Site History”.

Assessment

It is considered that the proposed LDP sufficiently addresses issues of building orientation, setbacks, and access, as outlined in the subdivision condition. Building setbacks and orientation, and vehicle access restrictions, are clearly designated on the plan.

The proposed LDP is also considered to meet the Guiding Principles for the High Street Precinct as outlined in DP5.

• Promotes a high standard of built form that activates street frontages, and provides for a high quality pedestrian environment,

o This is achieved through requirements for pedestrian shelter along the primary street frontage (Ellen Stirling Parade), windows to provide visual surveillance to all surrounding streets and laneways, a pedestrian thoroughfare, and surface articulation to buildings to break up building bulk.

• Parking on-street and within central courts concealed behind buildings

o Parking and loading zones are to be accessible from Brick Lane and screened from Ellen Stirling Parade.

• Flexible building designs that cater to a mix of uses

o It is intended that future buildings will be able to cater to a mix of uses within the building, while ensuring amenity for residents. The applicants have proposed a requirement for an acoustic report to be provided at DA stage for any applications proposing mixed uses (i.e. non-residential uses), to demonstrate how the proposed development has been acoustically assessed and designed to minimise noise intrusion and/or emissions.


It is noted that the structure plan does not provide a foundation for definitively clarifying R codes through a later LDP. Therefore, the applicable R codes remain as stated in the structure plan (R60-160).

Objection

Following public advertising of the draft LDP, one objection was received from Bunnings, which owns the site immediately across Brick Lane from the subject land.

The objection stated:

“…”Although Bunnings operates the back of house area to have the least possible impact on adjoining users, we are concerned that we may be subject to future “reverse amenity” issues raised by more recent neighbours. This may have a detrimental impact on our existing operation…”

“Reverse amenity” issues refers to the situation where new residents in an area may be negatively impacted by pre-existing non-residential uses in the area, for example through noise, emissions or other impacts not consistent with typical expectations for a residential area.

Bunnings acknowledges that the draft LDP requires storage, refuse, parking and loading areas to be located along Brick Lane (which is likely to increase the separation distance to future residential uses, as well as making clear that Brick Lane is subject to different expectations of visual amenity than the primary street frontage along Ellen Stirling Parade).

However, they suggest that the Local Development Plan could do more to minimise potential “reverse amenity” issues - perhaps by requiring building facades facing Brick Lane to be suitably treated to deal with visual and acoustic amenity issues, through suitable screening, glazing and wall treatments.

These concerns have been considered as follows:

• It is not considered desirable or necessary to use the LDP to require any visual screening to Brick Lane. Requiring buildings on the land to screen views to Brick Lane would work against surveillance of the street, to promote pedestrian safety. This would conflict with the structure plan objectives to achieve active street frontages and a high quality pedestrian environment.

• Under the existing Environmental Protection (Noise) Regulations 1997, it is the responsibility of an individual land owner to ensure that noise emissions from their property comply with the levels permitted under the Noise Regulations. It is not the responsibility of residents or other people in noise sensitive premises to install noise insulation or noise mitigation so that they are not affected by noise.

• As the applicants point out in their submission, the owners of the Bunnings site have long been aware that they were likely to be surrounded by residential development, and have had opportunity to design their development / arrange their operations accordingly.

The applicants have included a provision in the draft LDP which requires that planning applications which propose uses other than residential uses shall include an acoustic report to demonstrate how the development has been acoustically assessed and designed for the purpose of minimising the effect of noise intrusion and / or noise emissions. This will also apply to any future change of use applications.


This will effectively prevent potential noise issues from non-residential uses within any future buildings on the site. It will not require residential uses to incorporate noise insulation to protect them from noise emissions outside the site.

This is considered to meet the structure plan provisions which require “flexible building designs which cater to a mix of uses”.

The provisions contained within the proposed LDP are considered to be consistent with the requirements of the relevant subdivision condition, and the structure plan DP5. They are considered to be appropriate and necessary in the interest of proper and orderly planning for the future development of the subject land.

In accordance with the Regulations, City staff will have due regard to – but will not be bound by – the provisions of the LDP when deciding on an application for development approval within the subject LDP area.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to approve proposed Local Development Plan for a portion of Lot 9312 The Promenade, Ellenbrook (bounded by Ellen Stirling Parade, Brick Lane, Mangles Drive and Barque Avenue).

Implications: The City may issue clearance of the WAPC subdivision condition and the Local Development Plan will have effect and will be considered by City staff when deciding on an application for development approval for land within the subject LDP area.

This is the recommended option.

Option 2: Council may resolve to refuse to approve the Local Development Plan for a portion of Lot 9312 The Promenade, Ellenbrook (bounded by Ellen Stirling Parade, Brick Lane, Mangles Drive and Barque Avenue), on the grounds that the provisions proposed do not adequately address the intent of the structure plan, in relation to providing for “flexible building designs that cater to a mix of uses”.

Implications: The landowner will not be able to obtain clearance of the relevant condition of subdivision approval. The applicant will have a right of review of the decision by the State Administrative Tribunal.

This is not the recommended option.

CONCLUSION

The application is for a Local Development Plan (LDP) for a future 5818m2 streetblock within the Ellenbrook Town Centre Mixed Use Zone. Within this zone, a very wide range of uses may be approved (including residential uses), with only “Factory Tenement Buildings” being precluded under LPS17.

The LDP has been prepared to satisfy the requirements of condition 19 of subdivision approval WAPC 152581 for the subject land. This requires the preparation of an LDP to address issues of vehicle access, dwelling orientation and setbacks for the subject land. Furthermore, the applicable Ellenbrook Town Centre structure plan (DP5) provides for


the preparation of LDP’s to address the objectives for each precinct within the Town Centre, as well as outlining a range of matters which may be addressed through LDP’s.

The draft LDP was advertised to surrounding landowners for comment, and one objection was received, from the landowner on the other side of Brick Lane (Bunnings). This landowner wanted the LDP to include provisions for visual screening and acoustic mitigation, to avoid complaints from future residents that Bunnings is impacting on their residential amenity.

It is not considered necessary to address either of these issues through the LDP. Visual screening is not desirable because there is a need to maintain visual surveillance to Brick Lane, to provide a safe pedestrian environment. Under the Noise Regulations, it is the responsibility of Bunnings to ensure that their noise levels comply with the limits which apply in proximity to noise-sensitive uses (e.g. residential). It is not the responsibility of other property owners to install noise insulation to protect Bunnings from complaints.

Nonetheless, the LDP does include acoustic provisions to ensure that non-residential uses within any future buildings on the subject site will incorporate appropriate noise mitigation measures, reflecting the structure plan’s objective that buildings shall cater for a mix of uses.

The LDP provisions are considered to adequately implement the requirements of the subdivision condition and the objectives outlined in the structure plan. Approval is recommended.

ATTACHMENTS

Proposed Local Development Plan (LDP 4-2016)

DP5 – Zoning plan and R code density plan

Aerial photo (Location plan)

STRATEGIC IMPLICATIONS

Bunnings seeks to have future buildings on the site installed with noise mitigation, to protect themselves against future noise complaints and restrictions on the use of their site through concerns about “reverse amenity” (i.e. impact on future residents). Under the Noise Regulations, Bunnings is responsible to ensure that its noise emissions comply with acceptable levels, which may require them to take precautionary action where noise sensitive uses (including residential uses) move in nearby.

Seeking to require future developers to install noise mitigation in buildings would be a way for Bunnings to avoid taking appropriate measures to manage its own noise emissions from its site.


STATUTORY IMPLICATIONS

Planning and Development (Local Planning Schemes) Regulations 2015

Local Planning Scheme 17

Development Plan 5 (Ellenbrook Town Centre) – current version DP5/F as endorsed by the WAPC 18.1.2016.

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority

RECOMMENDATION

That the Council resolve to:

1) Approve Local Development Plan LDP 4-2016 for a portion of Lot 9312 The Promenade, Ellenbrook.

2) Advise the applicant / owner and submitter of the resolution of Council.

CARRIED

Attachment 1. Proposed Local Development Plan LDP 4-2016.

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Portion of Lot 9312 subject ofapplication LDP 4-2016

Bunnings

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Attachment 3 - Location Plan

proposed local development plan - lot 9312 the promenade ...€¦ · the proposed ldp has been...

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