proposed place of worship (inc. associated caretaker's ......satsang beas (rssb)...

Ordinary Meeting of Council 06 June 2018

3.7 PROPOSED PLACE OF WORSHIP (INC. ASSOCIATED CARETAKER'S DWELLING AND RURAL PURSUIT) - LOT 5 (NO.57) YUKICH CLOSE, MIDDLE SWAN (DA827-17)

Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning)

Disclosure of Interest: Nil

Authorised Officer: (Executive Manager Planning and Development)

KEY ISSUES

• Planning approval is sought for a Place of Worship (including an associated Caretaker's Dwelling and Rural Pursuit), run by the organisation "Radha Soami Satsang Beas (RSSB) Australia" on Lot 5 (No.57) Yukich Close, Middle Swan. Those three components are all discretionary land uses under Local Planning Scheme No.17 (LPS17).

• RSSB is a spiritual and philosophical organisation which promotes its message through the delivery of weekly lectures to members as well as the growing of fruits/vegetable for charitable donation.

• The subject land is zoned ‘Rural’ under the Metropolitan Region Scheme (MRS) and ‘Swan Valley Rural’ under the City of Swan Local Planning Scheme No.17

• The proposed Place of Worship comprises an approximate 1,650m2 building with the associated Caretaker's Dwelling located on the first floor. At the rear of the building is to be the Rural Pursuit activity which is to be an orchard. The orchard will occupy approximately 7,000m2 at the rear of the site and will contain 92 produce trees. RSSB members will use that orchard to grow produce. That produce will then be shared amongst its members as well as being donated to various charities.

• Car parking is to be located at the western side of the proposed building and will provide 62 bays.

• The subject site is entirely within a bushfire prone area. A Bushfire Attack Level Report has been submitted which identifies a BAL-12.5 rating for the facility.

• The worshipping/lecture activities are to occur between 8am to 11:30am every Sunday, hosting 10 volunteers (who help operate the Place of Worship) and up to 100 visitors. Once per year an "Annual Day" is to occur whereby up to 200 people will attend the site.

• The subject application was advertised for public comment and was also referred to the Swan Valley Planning Committee (SVPC).

o Seven submissions from the public were received, all objecting to the proposal. The concerns related to inconsistencies of the proposal with Objectives 1, 2, 4, 6 and 7 for Area B of the Swan Valley Planning Act 1995 as well as noise, traffic, water supply and future expansion issues of the


proposal.

o The SVPC resolved that the application be refused as it is inconsistent with clauses 8.1, 8.4, 8.6 and 8.7 of the Area B planning objectives of the Swan Valley Planning Act 1995.

• City staff consider that whilst the application does not entail a viticultural use, the Rural Pursuit component of the proposal forms a key part of RSSB's operation (that is growing produce for donation to charities, to promote selflessness) and demonstrates a productive use of the land. On that basis, City staff consider that the proposal forms part of the traditional activities of the Swan Valley and hence the use is compatible with the character of the area.

• Furthermore, City staff are of the view that the proposal can be managed so as to not adversely impact on surrounding viticultural and agricultural activities (including any future proposals). That is a result of having the building and associated car parking located outside an existing 150m spray drift buffer as well as requiring the provision of vegetative screening along both side boundaries of the property.

It is recommended that the Council approve the Place of Worship (including Associated Caretaker's Dwelling and Rural Pursuit) at Lot 5 (No.57) Yukich Close, Middle Swan under the City of Swan Local Planning Scheme No.17 and recommend to the Western Australian Planning Commission that the proposal be approved under the Metropolitan Region Scheme.

AUTHORITY/DISCRETION

In accordance with cl.30B(5) of the Metropolitan Region Scheme, where the City does not accept the advice of the SPVC, it is to refer the application, together with reasons why the advice of the SVPC was not accepted, to the Western Australian Planning Commission for determination.

RIGHT OF REVIEW

In accordance with cl.76(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 an affected person (meaning the applicant of the subject development application or the owner of the subject land) may apply to the State Administrative Tribunal for a review of a reviewable determination in accordance with the Planning and Development Act 2005 Part 14.


BACKGROUND

Applicant: MW Urban Owner: RSSB Australia Pty Ltd (Directors: Michael Ian Cooke,

Satyamurti Joe Viranna and Monish Chopra) Zoning: LPS17 - Swan Valley Rural MRS - Rural Strategy/Policy: • State Planning Policy 3.7 - Planning in Bushfire

Prone Areas • POL-LP-1.10 - Provision of Public Art • POL-TP-126 - Building and Development Standards

- Rural Zones • POL-TP-129 - Vehicle Parking Standards

Development Scheme: Local Planning Scheme No. 17 Existing Land Use: N/A - Vacant site Lot Area: 4.01ha Use Class: Place of Worship (including Associated Caretaker's

Dwelling and Rural Pursuit) Site Context

The subject site is a rectangular shaped lot of approximately 4 hectares in area that has access to both Yukich Close and Septimus View in Middle Swan. It is part of a relatively recent subdivision of approximately 17 lots of similar size. Most of those lots are vacant with the nearest residence estimated to be 40m to the north.

The property is situated south of Oakover Estate and north of Houghton Winery.

Proposed Activity

The application proposes the use of the land by RSSB Australia for a Place of Worship. As part of the Applicant's submission, RSSB promotes itself as follows:

"RSSB espouses a process of inner spirituality under the guidance of a spiritual teacher respected as The Master. This inner development is achieved through its base precepts of a pure vegetarian diet, abstinence from intoxicants (alcohol and habit-forming drugs), a moral way of life and the practice of daily meditation.

RSSB holds weekly spiritual discourses to deliver its teachings engendering Godliness. These teachings serve to guide the individual through one's inner self to realise God. This is achieved through practising meditation and leading a life of causing no harm to our fellow humans and creatures.

In pursuit of the above, the organisation renders altruistic service in the form of extensive charitable work including the provision of free medical care, producing fruit and vegetables for self-sustenance, donation and assisting those less fortunate".

The worshipping/lecture activities are to occur between 8am to 11:30am every Sunday, hosting 10 volunteers and up to 100 visitors. Once per year an "Annual Day" is to occur whereby up to 200 people will attend the site.


At the rear of the proposed building is to be an orchard for the use of the RSSB volunteers and members. The orchard will occupy approximately 7,000m2 of the site and will contain 92 produce trees. The orchard represents the Rural Pursuit aspect of the overall proposal. In accordance with the operating statement of RSSB, members will tend to the orchard to grow produce on the property.

A Caretaker's Dwelling is to be located on the first floor of the building to allow an RSSB member to reside on a full time basis for security of the property.

PUBLIC CONSULTATION

Public consultation was carried out in the following manner:

Duration: 22 days; from 24 January to 15 February 2018

Method:

• Notification letters to surrounding landowners and the following interest groups:

• Swan Valley Residents and Ratepayers • Swan Valley Progress Association • City's website • Sign on site

Submissions received: Seven objections

The concerns raised by the objections relate to the following:

• Inconsistency with the Area B objectives of the Swan Valley Planning Act 1995, particularly Objectives 8.1, 8.2, 8.4, 8.6 and 8.7.

• Noise, traffic, water supply and future expansion issues.

Those concerns are addressed in the following relevant sections of this Report.

CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS

The application was referred to the Swan Valley Planning Committee Meeting held on 5 February 2018 where the following was resolved:

"The Swan Valley Planning Committee resolves to recommend to the City of Swan that the application for the multiple uses on Lot 5 (No 57) Yukich Close, Middle Swan is refused as it is inconsistent with the planning objectives for Area B as listed in the Swan Valley Planning Act 1995, specifically clauses 8.1, 8.4, 8.6 and 8.7."


ASSESSMENT

Zoning & Permissibility of Land Use

The subject site is zoned ‘Rural’ under the Metropolitan Region Scheme (MRS) and ‘Swan Valley Rural’ under the City’s LPS17.

All three components of the subject application are discretionary land uses under LPS17 and are defined as follows:

• Caretaker’s Dwelling - "means a dwelling on the same site as a building, operation, or plant, and occupied by a supervisor of that building, operation or plant"

• Place of Worship - "means premises used for religious activities such as a church, chapel, mosque, synagogue or temple"

• Rural Pursuit - "means any premises used for —

a) the rearing or agistment of animals;

b) the stabling, agistment or training of horses;

c) the growing of trees, plants, shrubs or flowers for replanting in domestic, commercial or industrial gardens; or

d) the sale of produce grown solely on the lot,

but does not include agriculture – extensive or agriculture – intensive"

The predominant use of the subject application is the Place of Worship component as the main attraction to visitors is the opportunity to partake in worshipping activities that will be offered.

The Rural Pursuit component is an associated aspect and is to allow RSSB members to grow produce on the property. That produce is to be shared amongst the members as well as be donated to local charitable organisations as part of the group's mission statement to promote selflessness within the community. It is understood there are numerous facilities worldwide, operated by RSSB, which operate on the same model of growing produce for donation.

The Caretaker's Dwelling component is the other associated aspect and is to allow an RSSB member to reside at the property on a full time basis for security reasons.

Zoning Objectives

The LPS17 objectives of the Swan Valley Rural zone are as follows:

a) promote the core area of the Swan Valley primarily as a horticultural, recreational, tourism and landscape resource;

b) provide for limited rural living within the Swan Valley, subject to locational, design and landscaping requirements to enhance the character and amenity of the valley and to ensure compatibility with productive rural activities;

c) recognise the occurrence of high quality horticultural soils and scarce plastic clays and to protect these resources from development which would jeopardise their current and future use;


d) ensure that the development and use of land accords with the planning objectives for Area B as specified in the Swan Valley Planning Act 1995.

With respect to Objective (a), the following is noted:

• A Rural Pursuit component is proposed; that entails an orchard to be tended by RSSB members with any produce being collected and shared amongst the members for their own personal use.

• After every service, members congregate in the building to socialise over morning tea with some members staying behind to work together tending the orchard.

The proposal is considered to be consistent with Objective (a) as it provides a horticultural aspect as well as recreational opportunities.

With respect to Objective (b), the following is noted:

• The Caretaker's Dwelling component will allow an RSSB member to reside at the property on a full time basis.

• The siting of the proposed building ensures that a productive rural activity (i.e. the orchard) can still occur on the property.

The proposal is considered to be consistent with Objective (b) as it provides a rural living component that will not impact productive opportunities of the site.

With respect to Objective (c), the siting of the proposed building ensures that a productive rural activity (i.e. the orchard) can still occur on the property. Furthermore, it is noted (as mentioned in the relevant succeeding section of this Report) that approximately 90% of the subject site will remain undeveloped. On that basis, the proposal is considered to be consistent with Objective (c).

With respect to Objective (d), an assessment against the planning objectives for Area B as specified in the Swan Valley Planning Act 1995 is detailed below.

Swan Valley Planning Act 1995 (Area B) Objectives

The planning objectives for Area B are:

1. The protection of viticulture.

2. The provision of water for viticulture and horticulture and the discouragement of other activities that have high water demands.

3. The encouragement of tourist facilities provided that they do not detract from the rural character of the area.

4. The encouragement of traditional activities of the Swan Valley and industries associated with viticulture, horticulture and cottage industry provided that they are compatible with the rural character of the area.

5. The encouragement of the consolidation of retail and community facilities at Herne Hill, Caversham and West Swan.

5A. The limited expansion of existing retail and community facilities at Herne Hill, Caversham and West Swan, where such facilities are required to service the local community and will not detract from the rural character of the area.


6. The compatibility of design, siting and landscaping with the character of the area.

7. The discouragement of uses that are incompatible with the rural character and traditional agricultural activities of the area.

8. The extraction of basic raw materials so far as it is compatible with the character and amenity of the area and subject to the rehabilitation of the affected land.

9. The subdivision into lots of less than 4 hectares only where this is consistent with the objectives set out in this section.

10. The avoidance of overstocking, of activities causing pollution or degradation of the environment and of any other land management practices detrimental to the amenity of the area.

Objectives 3, 5, 5A and 8-10 are not applicable to the subject application.

Objective 1

The question as to whether this proposal might have an adverse impact on surrounding viticulture, is a consideration as to whether it may be so proximate to viticultural activity that it may be affected by spray drift, machinery noise etc. such that it might impair the capacity of viticultural activity to undertake such operations.

The closest existing vines are estimated to be those at Oakover Estate on the northern side of Yukich Close, approximately 25m from the north-east corner of the subject lot and 150m from the proposed building itself. The car parking area and grassed "entry green" are also located outside that 150m radius.

A separation of 150m is generally acknowledged as being sufficient to mitigate spray drift impact without the need for any screening or barriers. In this instance the proposed development is far enough away from the closest vines of Oakover Estate (to the north-east) in order for any potential spray drift to dissipate in the air and not pose a potential nuisance.

That is not so for the immediate abutting properties either side of the subject lot. It is accepted that a typical 150m separation distance does not account for any potential future use of the adjoining lots for viticulture. Whilst that is a “what-if?” scenario, the mitigation of any potential impacts should that scenario occur needs to be considered.

In that regard, a vegetative screening barrier has been proposed along most of the length of both side boundaries of the subject lot to act as a screen to spray particles. In the event of Council approval, a condition could be imposed to secure that outcome. That condition would also ensure that screening is of sufficient width and extends from the Yukich Close frontage to the designated orchard area.

For the remaining lot, at the rear of the subject site, it is expected that the recently approved Bloodstock Sales Yard ("Magic Millions") will be enacted soon. As no spray operations are associated with that use it is considered that the interface of the subject proposal with the abutting rear lot has been adequately addressed.

It is therefore considered that the subject proposal will ensure the protection of viticulture and, accordingly, is consistent with Objective 1.


Objective 2

The City understands that the landowner/applicant may need to apply for a water licence from the Department of Water and Environmental Regulation to ensure a reliable water source is available for the irrigation of the orchard. That was an issue that was raised during the public consultation period.

In response, it is noted though that that requirement is addressed via separate legislation, being the Rights in Water and Irrigation Act 1914, and hence is not required to be considered at the planning stage.

Objectives 4 and 7

These Objectives require the encouragement of traditional activities of the Swan Valley, being those, principally, of a viticultural or horticultural nature. The Rural Pursuit component of the subject proposal is an associated aspect and is to allow RSSB members to grow produce on the property. That produce is to be shared amongst the members as well as be donated to local charitable organisations as part of the group's mission statement to promote selflessness within the community. That operation model has been replicated at other RSSB locations internationally.

On the basis of the growing of produce forming an integral part of RSSB's operations, it is considered that the subject proposal has a component that is a traditional activity within the Swan Valley. It is also compatible with the rural character of the area as the siting and design of the building is appropriate, there is adequate car parking and concerns relating to noise and patron numbers can be adequately addressed. That is expanded upon in the later relevant sections of this Report.

Objective 6

While the application is for a building approximately 1,650m2 in size, the majority of it will be a single storey design and meets all required setbacks. The proposal also involves the retention of most of the existing vegetation on the site. In addition to the proposed vegetative screening to address spray drift, it is considered that the overall building bulk on the immediate locality will be negligible.

The subject application is considered to be consistent with the Objectives of the Swan Valley Planning Act 1995 as:

• It will ensure the protection of surrounding viticulture operations (both existing and any future proposals).

• It features a component that is a traditional activity within the Swan Valley.

• The use is compatible with the rural character of the area.

POL-TP-126 - Building and Development Standards - Rural Zones

The objectives of POL-TP-126 - Building and Development Standards - Rural Zones are to prescribe building and development standards for all applications within rural zoned to ensure they are consistent with the principles of proper and orderly planning, and further the objectives of the relevant zone. This includes setback requirements, site coverage, and provisions specific to the Swan Valley Rural Zone.


Setbacks

Developments in the Swan Valley Rural zone are required to be setback in accordance with the Policy's requirements. Although there are no prescribed setback requirements for the Swan Valley Rural zone, the General Rural setback requirements (as they are the most generous) are 30m from the front boundary, 20m from side boundaries and 30m from the rear boundary.

The proposed building will be setback 110.9m from the front boundary, more than 65m from both side boundaries and 75.59m from the rear boundary and thus exceeds Policy requirements.

Site Coverage

The Policy stipulates a maximum site coverage of 10% for lots within rural zones. That is to ensure that the majority of the site remains undeveloped and free of excessive building bulk, thus ensuring properties maintain a rural presentation consistent with the surrounding area.

In that regard, the proposed building equates to approximately 1,650m2, which represents a building footprint of approximately 4% compared to the total lot area. That is less than the maximum 10% threshold of the Policy and is thus compliant

Building Materials

The design of the building and its materials will be sympathetic to the surrounding visual amenity as it is mostly a single storey design and features a pitched metal roof with a 3m wide surrounding verandah. The numerous openings on each building elevation minimised building bulk and blank façades to neighbouring lots.

There will be two 60,000L underground water tanks to provide a potable water source for the facility.

As the subject application meets the Policy requirements for building setbacks, design and materials and site coverage for the property, it is considered that the proposal is compatible with the existing rural character of the locality.

Noise, Patron Numbers and Scale of Activity

Noise

During the advertising period, concern was raised regarding potential noise levels generated by the proposed activities.

In that regard, the following is noted:

• The worship/lecture activities are to occur within an enclosed building that is setback at least 65m from the nearest property.

• There will be vegetative screening installed along each side boundary, with the orchard to be planted at the rear of the site. The existing vegetation at the front of the property is to remain. It is considered that all those elements will reduce noise levels dissipating from the building.


• The operating hours, 8am to 11:30am, are considered negligible as activities are not on a daily basis, nor are they extended throughout the day. The proposal could also meet the acceptable parameters of the Environmental Protection (Noise) Regulations 1997, provided there is no music played before 9am. It is also considered prudent to prohibit external amplification at all times to minimise potential noise generation concerns.

It is recommended that restrictions on the hours of operation, including the restriction on playing music and the prohibition of external amplification, be imposed as conditions of planning approval. Subject to that, the weekly occasions of the overall activity are considered to mitigate against any sustained unreasonable adverse impact on rural peace and quiet.

Patron Numbers

Issues were raised during public consultation regarding the number of patrons accessing the site as well as querying whether the proposal would expand should it become operational. Concern was also raised regarding a notation on the submitted plans referencing a 845 seating capacity. The City understands that notation was an error and amended plans have been received with that notation now removed.

The worshipping/lecture activities are to occur every Sunday, hosting 10 volunteers (who help operate the Place of Worship) and up to 100 visitors. Once per year an "Annual Day" is to occur whereby up to 200 people will attend the site.

As there is sufficient parking to accommodate all vehicles on the site and traffic generation will be satisfactory, it is considered that the proposed patron numbers are acceptable.

Notwithstanding, in the event of Council approval, it will be recommended that conditions be imposed regarding maximum visitors to the site and frequency of the "annual day" events to ensure there are no detrimental impacts on the existing amenity of the locality.

Scale of Activity

As discussed in the preceding sections, with respect to the scale of the activity and possible future expansion, it is considered appropriate to impose conditions on any approval to restrict patron numbers and operating hours.

Should RSSB seek to increase those numbers, it would then require further approval from the City. That would allow the City to then consider potential amenity impacts resulting from any expansion of the activities.

Bushfire

The subject site is located within a bush fire prone area. In accordance with State Planning Policy 3.7 - Planning in Bushfire Prone Areas (SPP3.7), a Bushfire Attack Level Report has been prepared which designates a rating of BAL-12.5 for the building.

It is noted that the BAL requirements of Australian Standard 3959:2009 - Construction of Buildings in Bushfire-Prone Areas (AS3959) cannot be enforced under building legislation at the building permit stage as neither the Place of Worship component or Caretaker's Dwelling component are Class 1-3 or 10a structures as outlined within the Building Code of Australia.


Notwithstanding, planning legislation provides the ability, via a condition of any approval, that the building be built to a particular BAL standard. In that regard, it is considered appropriate to require the building (i.e. both the Place of Worship and Caretaker's Dwelling components) to be built to a BAL-12.5 rating for the following reasons:

• The Applicant has advised that a member of RSSB will reside on the property on a full time basis to fulfil the caretaking role. It is considered that that scenario is no different to a person(s) occupying a Single House (Class 1) which is enforceable under building legislation at the building permit stage.

• Notwithstanding the fact that AS3959 applies to Class 1-3 or 10a structures only, c3.2.1 states:

"Where any part of a garage, carport, veranda or similar roofed structure is attached to, or shares a common roof space with, a building required to comply with this Standard, the entire garage, carport, veranda or similar roofed structure shall comply with the construction requirements of this Standard, as applicable to the subject building". [emphasis added]

In that regard;

o It is noted there is a verandah attached to the Place of Worship component which surrounds the entire building.

o The Place of Worship component adjoins the Caretaker's Dwelling component and also shares a common roof space by virtue of the Caretaker's Dwelling being situated on the first floor, above the Place of Worship).

o It is considered that the intent of AS3959 is to ensure buildings/structures adjoining a dwelling are constructed to the same BAL-rating to minimise the impacts of a bushfire.

• There will be a large number of volunteers and visitors attending the site each Sunday (which will be exacerbated during each 'annual' day).

• There is no value in constructing the Caretaker's Dwelling component to a BAL-12.5 standard if the remainder of the overall building is not also constructed to that standard. In a worst case scenario, if the Place of Worship component was caught fire, its roof would likely be compromised, which in turn could result in the first floor Caretaker's Dwelling collapsing.

That approach is consistent with a decision-maker's 'precautionary principle' advocated by SPP 3.7 and its associated Guidelines for Planning in Bushfire Prone Areas (i.e. the presumption against approving development applications, where there is a lack of certainty that the potential for significant adverse impacts can be adequately reduced or managed).

In the event of Council approval, it will therefore be recommended a condition be imposed that the entire building (i.e. Place of Worship component and the Caretaker's Dwelling component) be constructed to BAL-12.5 standards to meet the requirements of SPP 3.7, its associated Guidelines for Planning in Bushfire Prone Areas and AS3959.


Car Parking, Access and Traffic

Car Parking and Access

POL-TP-129 - Vehicle Parking Standards specifies a minimum car parking requirement of 1 space for every 4 persons the building is designed to accommodate for a Place of Worship. In that regard, using the numbers of 10 volunteers and 200 visitors during the "annual day" results in a requirement of 53 bays (rounded up).

It is considered appropriate that two bays also be required for the Caretaker's Dwelling and it is noted that that is consistent with the normal requirements of a dwelling.

On that basis a total of 55 bays are required for the overall development. A total of 62 bays have been provided, thus representing a seven bay surplus. All those bays are to be served by a minimum 7.5m wide communal driveway from Yukich Close.

Traffic

During the public consultation period, concern was raised that the proposal will create significant traffic congestion within the area.

A Transport Impact Statement (TIS) was submitted in support of the subject application which made the following observations:

• On Sundays, the "peak hour", representing up to 45 vehicle trips, will be between 8:45am to 9:45am and will not be beyond the capacity of the existing surrounding road network.

• Outside of Sunday mornings, the subject development will generate a very small number of daily traffic movements.

City staff have reviewed the TIS and concur with its findings. In addition, the following is noted:

• Yukich Close is of sufficient standard to accommodate the extra traffic.

• The extra traffic associated with the "annual day" event will occur for no more than one 52 so the impact on existing amenity is not considered to be so great as to warrant refusal.

On that basis, the proposal is considered acceptable from a car parking, access and traffic perspective.

Drainage and Effluent Disposal

Drainage

The subject application proposes approximately 4,000m2 of combined roofed and paved surfaces which represents approximately 10% of the overall site. The City's records indicate that the site is suitable for on-site disposal clear of any buildings.

As the remainder of the site is to remain undeveloped it is considered that there is adequate capacity for that to occur. On that basis, the proposal is considered acceptable from a drainage perspective.


Effluent Disposal

With respect to effluent disposal, the Applicant has advised they intend to install an Aerobic Treatment Unit (ATU) to accommodate the maximum 200 persons during the "annual day" (approximately 2,000L per day). That is considered to be sufficient, however it is noted that due to the otherwise infrequent use of the facility there is a degree of flexibility involved.

Notwithstanding, due to the use of the premises and the estimated daily wastewater usage, the Onsite Effluent Disposal system will require approval by the Department of Health in accordance with the Health (Treatment of Sewage and Disposal of Effluent and Liquid Waste) Regulations 1974.

Based on the above, the proposal is considered acceptable from an effluent disposal perspective.

Public Art

POL-LP-1.10 - Provision of Public Art requires prescribed development with a construction cost of $2 million or more to contribute at least 1% of that cost towards public art. The subject application has a nominated construction cost of $2.5 million, resulting in a $25,000 public art contribution.

In the event of Council approval, it will therefore be recommended a condition be imposed requiring that public art contribution.

OPTIONS AND IMPLICATIONS

Option 1: Council may resolve to recommend to the Western Australian Planning Commission that it approve the application for a Place of Worship (including Associated Caretaker's Dwelling and Rural Pursuit) at Lot 5 (No.57) Yukich Close, Middle Swan subject to conditions.

Implications: Should the applicant obtain approval from the Western Australian Planning Commission, they will be able to proceed with the proposed development.

This is the recommended option.

Option 2: Council may resolve to refuse the application for a Place of Worship (including Associated Caretaker's Dwelling and Rural Pursuit) at Lot 5 (No.57) Yukich Close, Middle Swan for the following reason:

1. The proposal is not a traditional activity within the Swan Valley. Accordingly, it will erode the protection of viticulture operations within the locality and so is not consistent with the objectives of the Local Planning Scheme No. 17 Swan Valley Rural Zone, inclusive of the Area B objectives of the Swan Valley Planning Act 1995.

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

This is not the recommended option.


CONCLUSION

The application, on behalf of RSSB, proposes a Place of Worship and associated Caretaker's Dwelling and Rural Pursuit components to operate on a once-per-week basis. Additionally, an "annual day" is to be held twice per year and will involve up to 200 persons attending the site.

The application was advertised for public comment and referred to the Swan Valley Planning Committee for comment. The Committee resolved not to support the application on the basis that it is inconsistent with Objectives 8.1, 8.4, 8.6 and 8.7 for Area B under the Swan Valley Planning Act 1995.

Notwithstanding, City staff are of the view that that the proposal meets those Objectives as;

• The Rural Pursuit component of the proposal demonstrates a productive use of the land

• The proposal forms part of the traditional activities of the Swan Valley

• The use is compatible with the character of the area.

It will therefore be recommended that the Council recommend approval to the Western Australian Planning Commission in accordance with cl.30B(5) of the Metropolitan Region Scheme.

ATTACHMENTS

Locality Plan

Site Plan

Floor Plan

Elevation Plans

STRATEGIC IMPLICATIONS

Nil.


STATUTORY IMPLICATIONS

• Planning and Development Act 2005

• Planning and Development (Local Planning Schemes) Regulations 2015

• Swan Valley Planning Act 1995

• Swan Valley Interim Planning Policy

• Metropolitan Region Scheme

• Local Planning Scheme No. 17

• Australian Standard 2890.1:2004 - Off-street Car Parking

• Australian Standard 2890.6:2009 - Off-street Parking for People with Disabilities

• Australian Standard 3959:2009 - Construction of Buildings in Bushfire-Prone Areas

• State Planning Policy 3.7 - Planning in Bushfire Prone Areas

• Guidelines for Planning in Bushfire Prone Areas

• WAPC Transport Impact Assessment Guidelines

• POL-LP-1.10 - Provision of Public Art

• POL-TP-126 - Building and Development Standards - Rural Zones

• POL-TP-129 - Vehicle Parking Standards

FINANCIAL IMPLICATIONS

Nil

VOTING REQUIREMENTS

Simple majority


RECOMMENDATION

That the Council resolve to:

1) Approve the application for a Place of Worship (including Associated Caretaker's Dwelling and Rural Pursuit) at Lot 5 (No.57) Yukich Close, Middle Swan subject to the following conditions:

1. This approval is for a "Place of Worship", "Caretaker's Dwelling" and "Rural Pursuit" as defined in the City of Swan 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. Accompanying any requisite Building Permit application, the landowner/applicant is to submit amended plans for the north and south elevations of the building showing the 3m wide verandah (as shown on the floor plan).

3. The hours of operation of the Place of Worship (excluding the Caretaker's Dwelling and Rural Pursuit components) shall be limited to between 8am to 11:30am every Sunday (excluding "annual day" events, which are permitted once per year).

4. Music (either live or recorded) is not permitted to be played prior to 9am on Sundays. External amplification is prohibited at all times.

5. A maximum of 110 persons are permitted on-site at any one time between

8am to 11:30am every Sunday (excluding the once yearly "annual day" events).

6. A maximum of 210 persons are permitted on-site at any one time during each "annual day" event.

7. Both the Place of Worship building and the Caretaker's Dwelling are to incorporate the building measures outlined in Australian Standard 3959:2009 - Construction of Buildings in Bushfire-Prone Areas required for a Bushfire Attack Level rating of BAL-12.5. Those measures are to be shown as part of the requisite Building Permit application.

8. The Bushfire Protection Criteria requirements of the revised 'Bushfire Attack Level Report', prepared by Bushfire Prone Planning and dated 16 May 2018 (v1.3), are to be implemented prior to occupation of any building and to the satisfaction of the City.

9. Prior to lodgement of the requisite Building Permit application, the landowner/applicant shall submit a detailed Landscaping Plan (including vegetation cross-sections), to the satisfaction of the City, for the spray drift vegetative treatments for the building. That Plan is to show a minimum 35m wide planting area that runs along the length of both side boundaries of the subject site, from the Yukich Close frontage to the start of the designated orchard area.


10. All landscaping must be completed in accordance with the requisite Plan the subject of Condition 8 (and is not to increase the bushfire risk above a BAL-12.5 rating), prior to occupation of any building, and is to be maintained thereafter for the life of the development to the satisfaction of the City.

11. The owner is to comply with the City of Swan Provision of Public Art Policy POL.LP1.10 as follows: a) The owner/s contribution liability for the whole development

subject of this approval is $25,000.

b) The owner/s shall fulfil this liability by: i. Payment to the City the sum of ($25,000) which equates to

1% of the Construction Cost of the development, in lieu of providing on-site Public Art (option 1); or

ii. Provision of public art onsite to a minimum value of ($25,000) (option 2)

If the election is Option 1, the cash-in-lieu amount must be paid to the City on the earlier of the date specified in an invoice issued by the City, or prior to the issuance of the building permit for the development the subject of the approval. If the election is Option 2: (a) the owner(s) or applicant on behalf of the owner(s) must seek

approval from the City for a specific Public Art work including the artist proposed to undertake the work to the satisfaction of the City in accordance with POL-C-142 Public art and the Developers’ Handbook for Public Art (as amended). The City may apply further conditions regarding the proposed Public Art;

(b) no part of the development may be occupied or used unless the

Public Art has been installed in accordance with an approval granted by the City; and

(c) the Public Art approved must be maintained in compliance with the

conditions of approval for the public art proposal to the satisfaction of the City.

12. The development must be connected to the Water Corporation’s sewer,

where available, unless otherwise provided with an onsite effluent disposal system approved by the Department of Health.

13. A total of 62 parking bays shall be provided, each measuring minimum 5.4m x 2.4m, clearly marked on the ground and served by a minimum 6m wide paved accessway. Where the accessway abuts a building or other barrier, a minimum width of 6.5m is required. Disabled bays to comply with Australian Standard 2890.6:2009 - Off-street Parking for People with Disabilities.


14. All pavement on the site must be capable of accepting anticipated loadings (including access ways, parking areas, storage and hard stands). The City will not accept any responsibility for subsequent failure of any pavement.

15. Vehicle access onto the site shall be restricted to that shown on the approved site plan.

16. All crossovers must be built and maintained in accordance with the City’s specifications.

17. All stormwater produced on the site shall be contained on the site to the satisfaction of the Chief Executive Officer.

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

19. The developer must ascertain the location and depth of any services that may interfere with crossover and associated building construction. Any adjustment to affected services is to be arranged by the applicant at his/her expense with the appropriate service authority approval, prior to works commencing on the site.

20. Any additional development, which is not in accordance with the application (the subject of this approval) or any condition of approval, will require further approval of the City.

ADVICE NOTES Standard advice notes apply.

2) Advise the applicant/owner of the resolution of Council and relevant advice notes pertaining to the approval.

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

4) Recommend to the Western Australian Planning Commission that the application be approved under the Metropolitan Region Scheme.

MOTION that the Council resolve to:

1) Refuse the application for Place of Worship at Lot 5 (No.57) Yukich Close, Middle Swan for the following reasons:

(i) Approval of the application will not fulfil the Swan Valley Rural zone Objective d) in that it does not comply with planning Objective 4 for Area B under the Swan Valley Planning Act 1995 being an activity that is not a traditional activity in the Swan Valley nor an industry associated with viticulture, horticulture or cottage industry.

(ii) Refusal of the application does fulfil the Swan Valley Rural zone Objective d) in that such refusal is consistent with planning Objective 7 for Area B under the Swan Valley Planning Act 1995 to discourage uses incompatible with traditional agricultural activities given that the proposed operations may prejudice the capacity of surrounding land to be used for viticulture.

(Cr Henderson – Cr Zannino)


RESOLVED UNANIMOUSLY TO:

1) Refuse the application for Place of Worship at Lot 5 (No.57) Yukich Close, Middle Swan for the following reasons:

(i) Approval of the application will not fulfil the Swan Valley Rural zone Objective d) in that it does not comply with planning Objective 4 for Area B under the Swan Valley Planning Act 1995 being an activity that is not a traditional activity in the Swan Valley nor an industry associated with viticulture, horticulture or cottage industry.

(ii) Refusal of the application does fulfil the Swan Valley Rural zone Objective d) in that such refusal is consistent with planning Objective 7 for Area B under the Swan Valley Planning Act 1995 to discourage uses incompatible with traditional agricultural activities given that the proposed operations may prejudice the capacity of surrounding land to be used for viticulture.

DISCLAIMER: Information shown here on is a composite ofinformation from various different data sources. Users are warned that the information is provided by the City of Swan in this format as a general resource on the understanding that it is not suitable as a basis for decision making without verification with the original source.

18/05/2018

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proposed place of worship (inc. associated caretaker's ......satsang beas (rssb)...

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