Ordinary Meeting of Council 30 November 2011 Page 1 3.3 PROPOSED RESTORATION AND REDEVELOPMENT OF GUILDFORD HOTEL SITE - LOT 18 (NO.1026) JAMES STREET, GUILDFORD (Guildford Ward) (Statutory Planning) KEY ISSUES • An application has been submitted by Greg Rowe and Associates on behalf of Castle Towers Pty Ltd and Fanucci Pty Ltd for the restoration and redevelopment of the Guildford Hotel Site. • The application entails the restoration and continued use of the hotel building as a boutique hotel with the inclusion of conference facilities and accommodation rooms upstairs. A new 1300m 2 single storey commercial building is proposed to the rear of the site with provision of 42 parking bays through the middle of the lot. • The Guildford Hotel is listed on the State Register of Heritage Places pursuant to the Heritage of Western Australia Act 1990. • The subject lot is zoned "General Commercial" under the City's Local Planning Scheme No.17 and the uses proposed are all permissible within the zone and considered to be consistent with its objectives. • The application proposes variations to the Guildford Conservation Precinct Design Guidelines in the use of tilt-up concrete for the new commercial building, the setback provisions of Council's commercial development standards where development abuts a residential lot and a shortfall in the provision of parking (149 bays) under Council's parking standards. • The application was advertised for public comment for a period of 1 month with a total of 32 submissions received including two objections. The majority of submissions indicated conditional support of the application, subject to appropriate treatment of the hotel facade and roof, use of appropriate construction materials and fenestration of the proposed new commercial building and cash-in-lieu contribution for the parking shortfall. A number of submissions, including the owner of No.9 Shenton Avenue and No.29 Johnson Street objected to the proposed parapet on the southern rear boundary of the site being 53 metres long and 4.2 metres high. • The Heritage Council of WA has advised of conditional support for the application and conditions would be imposed as part of any approval. • Main Roads WA has also advised of conditional support for the application. Subject to a modification to the extent of the proposed parapet wall to the southern boundary it is considered that the application is worthy of consent to the noted variations to the above listed development standards in accordance with Clause 7.5 and 7.6 of the Scheme. Such variations will constitute "development concessions" and should be granted subject to the applicant entering into a Heritage Agreement with the City and the Heritage Council of WA to secure the conservation and restoration of
Transcript
Ordinary Meeting of Council 30 November 2011
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3.3 PROPOSED RESTORATION AND REDEVELOPMENT OF GUILDFORD HOTEL SITE - LOT 18 (NO.1026) JAMES STREET, GUILDFORD
(Guildford Ward) (Statutory Planning)
KEY ISSUES
• An application has been submitted by Greg Rowe and Associates on behalf of Castle Towers Pty Ltd and Fanucci Pty Ltd for the restoration and redevelopment of the Guildford Hotel Site.
• The application entails the restoration and continued use of the hotel building as a boutique hotel with the inclusion of conference facilities and accommodation rooms upstairs. A new 1300m2 single storey commercial building is proposed to the rear of the site with provision of 42 parking bays through the middle of the lot.
• The Guildford Hotel is listed on the State Register of Heritage Places pursuant to the Heritage of Western Australia Act 1990.
• The subject lot is zoned "General Commercial" under the City's Local Planning Scheme No.17 and the uses proposed are all permissible within the zone and considered to be consistent with its objectives.
• The application proposes variations to the Guildford Conservation Precinct Design Guidelines in the use of tilt-up concrete for the new commercial building, the setback provisions of Council's commercial development standards where development abuts a residential lot and a shortfall in the provision of parking (149 bays) under Council's parking standards.
• The application was advertised for public comment for a period of 1 month with a total of 32 submissions received including two objections. The majority of submissions indicated conditional support of the application, subject to appropriate treatment of the hotel facade and roof, use of appropriate construction materials and fenestration of the proposed new commercial building and cash-in-lieu contribution for the parking shortfall. A number of submissions, including the owner of No.9 Shenton Avenue and No.29 Johnson Street objected to the proposed parapet on the southern rear boundary of the site being 53 metres long and 4.2 metres high.
• The Heritage Council of WA has advised of conditional support for the application and conditions would be imposed as part of any approval.
• Main Roads WA has also advised of conditional support for the application.
Subject to a modification to the extent of the proposed parapet wall to the southern boundary it is considered that the application is worthy of consent to the noted variations to the above listed development standards in accordance with Clause 7.5 and 7.6 of the Scheme. Such variations will constitute "development concessions" and should be granted subject to the applicant entering into a Heritage Agreement with the City and the Heritage Council of WA to secure the conservation and restoration of
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the Guildford Hotel building.
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: Greg Rowe and Associates Owner: Castle Towers Pty. Ltd. and Fanucci Pty. Ltd. Zoning: TPS - General Commercial and partially reserved for Primary
Regional Road MRS - Urban and partially reserved for Primary Regional Road Strategy/Policy: Pol-C-106 Guildford Conservation Precinct Design
Guidelines Development Scheme: Existing Land Use: Hotel site Lot Size: 4507m2 Area: Shop 1413m2 Hotel building 540m2 Use Class: Hotel "A" or Tavern "A" , Shop "P", Reception Centre
"P"
DETAILS OF THE PROPOSAL
The applicant is proposing the restoration of the Guildford Hotel, which was substantially damaged by fire in 2008, 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 it is proposed to develop 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. Parking comprising 42 bays will be provided through the middle of the site between the existing hotel and the proposed new commercial building. The two existing crossovers providing vehicle access to the site off Johnson Street will each be resited slightly northwards from their present locations.
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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's records list a number of development approvals since 1981 for ancillary additions to the hotel.
APPLICANT'S SUBMISSION
The applicant has submitted the following points in support of the proposal:
• The proposed restoration and continued use of the hotel building and the additional new commercial development to the rear are considered consistent with the objectives for the "General Commercial" zone as set out under Local Planning Scheme No.17;
• The facade of the hotel will be restored and refinished in a new colour scheme closer to the original; the belvedere will be restored and significant interior elements will be retained and incorporated into the design;
• The proposed new commercial development has been designed at a scale and sited and finished in a manner considered to be complimentary to the hotel and the street frontage and consistent with traditional commercial development in Guildford, albeit updated to utilise modern materials;
• Setbacks of the new building addresses Johnson Street and nil setback to abutting residential properties are to eliminate amenity impacts associated with deliveries and servicing activities that occur at the back of such commercial properties; and
• Any overall parking shortfall for the site as calculated under the City's Scheme should have regard to the relatively high parking rates therein (as compared to other local authorities), reciprocity of use of bays internally, the differing peak periods for demand for bays amongst the various uses onsite, the availability of on-street bays along James Street as well as bays associated with the train station, the proximity of the train station in facilitating an alternative means of access by private car and critically the restoration of the hotel as a justification for a concession in the provision of parking bays.
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PUBLIC CONSULTATION
The application was advertised for public comment for a period of 30 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 32 submissions were received, comprising two objections and four non-objections. Twenty-seven submissions indicated conditional support, inclusive of suggestions for the treatment of the hotel facade and roof and the construction materials and fenestration of the proposed new commercial building. The full details of suggestions provided in submissions will be covered further in this report.
CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS
The application was referred, as required under legislation, to the Heritage Council of Western Australia (HCWA) and Main Roads WA (MRWA). Their comments are provided as follows below:
HCWA
The proposed works are supported subject to the following conditions:
1. The following shall be provided to the satisfaction of the Executive Director of the Office of Heritage prior to applying for a Building Licence;
a. Further 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. Further details about the scope of conservation works to be undertaken, including the reconstruction of the belvedere.
d. Further 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.
e. Further detailed drawings of the proposed street elevations of all of the buildings.
f. Lighting and signage strategy, particularly on the exterior of all the buildings.
g. Materials and colour palette for all the buildings
h. Interpretation strategy that will tell the stories of the Hotel.
2. The scope of works for conservation, retention and reconstruction shall be prepared by a suitably qualified heritage consultant.
3. A heritage agreement is to be finalised prior to the granting of the Building Licence. The heritage agreement is to specify "Urgent Works" that include the
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stabilisation of the external walls, conservation of the brickwork and render, and weatherproofing of the structure, among other works that are to be completed within one year of the issuance of the Building Licence.
4. A certified structural engineer with demonstrated experience in heritage buildings shall prepare the following reports prior to applying for Building Licence:
a. A dilapidation survey of the existing heritage fabric.
b. The proposed method for retaining the existing external walls of Guildford Hotel and the method of constructing within it that will ensure the integrity of the existing external walls will not be further compromised.
These conditions would be imposed on any approval issued for this application.
MRWA
The proposed development is acceptable subject to the following conditions being imposed by Main Roads:
1. No earthworks shall encroach onto the James Street/Johnson Street road reserve.
2. No stormwater drainage shall be discharged onto the James Street/Johnson Street road reserve.
3. The applicant shall make good any damage to the existing verge vegetation within the James Street/Johnson Street reservation.
4. The southernmost crossover shall be 9 metres in width to accommodate two- way commercial traffic which shall provide one full movement access to the site.
5. The northernmost crossover shall be left out only and shall be designed and sign posted accordingly to avoid confusion to motorists.
These conditions would be imposed on any approval issued for this application.
REPORT
Zoning and Permissibility of Use
The lot subject of this application is zoned "Urban" under the Metropolitan Region Scheme (MRS) and "General Commercial" under the City's Local Planning Scheme No.17. The nature of the development proposed would be categorised as "Hotel" or "Tavern", "Reception Centre" and "Shop" pursuant to LPS17 with these uses being "A" and "P" respectively within the "General Commercial" zone.
The objectives of the "General Commercial" zone are to:
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- encourage those uses necessary to provide convenience shopping of the lower order outside the Strategic Regional Centre;
- avoid development of land for any purposes or in any manner likely to compromise development of the Strategic Regional Centre or the efficient distribution of commercial services within the district;
- ensure development provides a high level of visual attraction at street level, and does not unduly detract from the amenities of the adjacent area;
- promote the development of continuous commercial frontages and the integration of adjacent commercial development so as to facilitate pedestrian access to and within commercial areas; and
- enhance the amenities of the area and the development of a more sustainable environment through the use of complementary landscaping, including shade trees and stormwater recharge facilities.
The proposed provision of retail facilities, including some form of fresh food market outlet at the scale proposed is consistent with the first two objectives above in so far as the City's Commercial Centres Strategy has already accounted for provision of 4500-6500m2 of retail floor space along the existing James Street commercial strip in Guildford. The design of the new commercial facilities provides for a frontage to Johnson Street but is necessarily limited in order to accommodate access and parking areas whilst also maintaining a suitable separation from the hotel building to ensure its presentation as the focus of the site. Pedestrian access has been specifically addressed through provision of a covered arcade extending from the James Street frontage through to the commercial building to the rear of the site. The provision of landscaping within the site can be required as a condition of any development approval.
The objective pertaining to visual qualities of the commercial development and its impact on the amenities within the area will be covered further in this report by way of specific reference to the Guildford Conservation Precinct Design Guidelines.
Hotel Restoration
The restoration of the hotel building, as expected was of central concern to the vast majority of parties that have made a submission on the application. It has been noted that the plans accompanying the application are conceptual and lack detail in so far as treatment of the building facade (to all sides) is concerned. Certain submissions have been explicit in suggesting what such treatment should be, but it suffices here to note that the Heritage Council of Western Australia will require provision of such detail, and approval of such details by them, prior to lodgement of a Building Licence application. Similarly the Heritage Council's conditional support also addresses community concerns as to the risk of degradation to the building structure and potential adverse affect on its ability to be retained and rebuilt. The Council's request that urgent works, inclusive of the stabilisation of the external walls, conservation of brickwork and render and weatherproofing of the structure occur within one year of the issuance of a building licence with such requirement to be made subject of a Heritage Agreement.
Design of proposed new commercial building
Various submissions have opposed the style of the commercial building, including the claim that it is not representative of a pre-federation or federation style commercial
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building and that its use of tilt-up concrete construction is expressly contrary to the Guildford Conservation Precinct Design Guidelines. Comment with regards to the provisions of the Guidelines applicable to commercial buildings is as follows:
Scale and size
The proposed building exceeds the minimum plate height requirement of 3 metres, being 4.2 metres and is less than the maximum roof height of 9 metres, being approximately 5.5 metres. This scale is in keeping with the context of existing commercial development along James Street.
Form
The proposed building has an articulated facade (including parapet) to Johnson Street and internally within the site, has provision for over-pavement awnings along the Johnson Street frontage, compliant roof pitch and compliant window sill heights. Importantly the proposal has not sought to replicate exactly the architectural style of buildings from the turn of the last century and has been designed in order not to detract from the visual dominance of the hotel.
The recommended conditions of the Heritage Council will require provision of detailed elevations for the new building for their approval.
Siting
The proposed building is parallel to the Johnson Street frontage with a nil setback consistent with traditional "main street" design. Its orientation and the siting of the car park through the middle of the site as opposed to the rear creates the necessary space from the hotel building to preserve its visual dominance within the proposed streetscape. Details on external fixtures will again be addressed through the requirement for further elevation plans and no culturally significant vegetation is proposed to be removed.
Materials and Colours
As already noted further detail on materials and a colour schedule will be required from the applicant as part of any planning approval issued for the proposal. Presently the application does indicate that tilt-up concrete panels will be utilised in construction of the facade and the Guidelines clearly indicate that this is an unacceptable material. As such its proposed use need be considered as a "development concession" in accordance with the provisions of Clause 7.5 and 7.6 of LPS17 and a variation within this context, to achieve specific heritage outcomes relating to a State listed building is under exceptional circumstance and in no way constitutes a precedent. Further it is considered that the degree of detailing that will be required on the facade and an appropriate colour treatment will work to mitigate against any adverse visual impact that a concrete panel would present. The City's Heritage Consultant concurs with this position and accordingly it is recommended that a concession be granted in this instance on the basis of the applicant entering into a heritage agreement that will secure the restoration of the hotel building.
Policy Pol-TP-125 Building and Development Standards - Commercial Zones / Proposed parapet wall to southern rear boundary
This policy is presently under review.
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Matters of primary and secondary street setbacks set out within the policy are inconsistent with the siting provisions for commercial buildings under the Guildford Design Guidelines. Assessment of this application has utilised the more specific siting provisions of the Guidelines. Similarly, in the absence of any specified plot ratio provisions in the policy for either "hotel" or "shop" development, the provisions of the Guidelines relating to scale and size have been the standard of assessment.
Street setbacks and plot ratio matters aside, the Policy stipulates that where commercial development is located on a lot having a common boundary with a residential zoned lot, as in this instance where the site abuts residential lots to the south and west, development shall have a setback of 3 metres where buildings are single storey. The application proposes a nil setback by way of a parapet wall extending 53 metres along the site southern rear boundary to a height of 4.2 metres.
The owner of the two abutting properties which have the common boundary - No.29 Johnson Street and No.9 Shenton Avenue has objected to the proposed parapet wall, citing the visually unappealing nature of a wall of this height and length, its adverse impact on solar access and in the instance of the Shenton Avenue property - the removal of two mature trees that sit close to the boundary line on his side. Inspection of the properties and discussions with the owner have determined that the impact of the proposed parapet wall on the Johnson Street property is likely to be relatively less than the Shenton Avenue property, noting that only one major window opening exists along that side of the house- this being to a hallway. Due to the presence of existing trees on the hotel site and the proximity of the house to the boundary, the degree of sunlight presently received is somewhat limited and it is considered that the parapet wall would be unlikely to appreciably lessen that. However given the Shenton Avenue property owners greater concern with the potential impact, the possibility of a reduction of the extent of the parapet wall has been raised with the applicant. This would entail a reconfiguration and possible modification to the footprint and siting of the back of house area for the main market tenancy. The applicant is prepared to explore the possibility of such modification, having regard to the need to preserve workable access to this area for service vehicles. To that end it is recommended that, should Council approve the application, it resolve that the back of house area for the market tenancy be modified so as to eliminate any parapet wall to the boundary with No.9 Shenton Avenue.
Proposed Covered Walkway/Arcade
A preference has been expressed by public submission that the proposed covered walkway be substituted by an arcade of trees, or trellis, that presents a 'softer' contrast to the facade of the hotel building. Whilst such opinion is reasonable, it is difficult to substantiate that the proposed structure is clearly inconsistent with the applicable planning framework - that is the Guildford Conservation Precinct Design Guidelines, given the structure is clearly not a verandah. In any event judicious use of planting can effect a 'softening' of appearance without the need to eliminate or redesign the structure.
Car parking and access
Significant concern has been expressed in submissions about the extent of car parking provided under the proposal (42 bays), the shortfall this represents under the Scheme standards and the potential adverse parking problem this would create for the Guildford town site. It has been further suggested that the proponents of this application be required to make a cash-in-lieu contribution to the extent of any shortfall of bays under the scheme standards.
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Utilising the Scheme parking standards, the proposal would in total require provision of 191 bays. The proposed provision of bays represents a 78% shortfall. In consideration of such shortfall the applicant has suggested that the extent of the shortfall is attributable to the relatively high parking ratios utilised in the scheme standards. It should be noted that presently the City's parking standards, as with all other planning policies and standards, are being reviewed. The veracity of any claim that the City's parking ratios are excessive will be examined and determined as part of that review process. Putting that aside, the applicant has further suggested that the number of bays proposed should not create a significant parking problem given the differing peak demand times for the commercial retail building (daytime business hours) and hotel (late afternoon/evening/weekends) and noting the availability of on street bays along James Street and within the Guildford Train Station (outside of weekday business hours). City staff have met with representatives of the Guildford community and have an understanding of what their concerns are with respect to parking in the locality. Further action, by way of developing a strategic approach to the provision and management of parking in Guildford would obviously be at Council's direction. Noting that however, the application of a requirement for a cash-in-lieu payment by the applicant need, in accordance with the Scheme parking standards, be linked to a 'firm proposal' for provision of a public parking station in the locality within a 5 year time period. Presently no such firm proposal exists.
Notwithstanding the above considerations, a cash-in-lieu payment for the shortfall of 149 bays would, at a rate of $20,000 per bay (land and construction), equate to a value of $2.98 million. Whilst it is not possible for City staff to draw any definitive conclusions as to the impact of such a payment on the commercial feasibility of this proposal and ultimately the potential redevelopment of the hotel, it is a fact simply to state that the full cash-in-lieu payment amount equates to a 59% increase to the cost of the development ($5 million) as stated in the application. Given the intent of the Scheme is to contemplate the provision of concessions on any and all development standards and controls on development of land in order to assist the conservation of heritage places, and most importantly places listed on the State Register, it is considered appropriate for the car parking shortfall of 149 bays to be granted as a "development concession" and accordingly tied into a Heritage Agreement to secure the restoration of the hotel building.
In relation to access to the site, Main Roads have stipulated that the two relocated crossovers to Johnson Street shall be regulated in operation such that the northernmost crossover is left-out only and the southernmost one be widened to 9 metres to allow for the full range of turning movements.
Signage and landscaping
Provision of signage throughout the entire site will be addressed by the imposition of the Heritage Council's requirement for a signage strategy as a condition of any development approval. Similarly a landscaping plan will be required to indicate planting treatment options, potentially within the Johnson Street verge if appropriate and within the car parking area within the site.
Provision of Public Art
The City's adopted policy Pol-LP-1.10 requires that prescribed development of a cost of $1 million dollars or greater is to provide public art or a contribution in lieu to a value of 1% of the cost of that development. In the instance of this proposal the Policy would require public art to a value of $50,000. For the purposes of the Policy 'Public Art' means an artistic work that:
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- is permanent in nature, and constructed of materials which may be maintained and repaired if necessary, including metal, wood, plastic, paint or any other durable material;
- is either freestanding or integrated into the exterior of a building or other structure;
- reflects the local history, culture and/or community of the Place Area in which it is to be located;
- is created and located for public accessibility, either within the public realm or within view of the public realm, such as a street, park, urban plaza or public building; and
- may take the form of unique functional objects designed by an artist (such as seats or gates), but may not include architectural design, advertising or directional signage or any form of commercial branding.
Given its relatively recent adoption, the proponent was likely unaware of the policy and so the application does not address the matter either through stipulating provision of public art, a contribution in lieu, or a request for the requirement to be waivered as a "development concession" for the purposes of Clause 7.5 and 7.6 of the Scheme. On that basis it is reasonable for this requirement to be imposed as a condition of any approval.
Timing of Development and Heritage Agreement
Concern has been expressed in submissions that should any approval be issued to the proposal, the applicants may, for whatever reason, simply construct the commercial building to the rear of the site and do nothing to effect the restoration of the hotel building. Submissions have further requested that this be addressed by requiring the restoration of the hotel to occur before or concurrently with the construction of the new commercial building.
Certainly, the "development concessions" sought by the proposed commercial building, namely 78% parking shortfall, nil rear setback/parapet wall and use of tilt-up concrete facades are only supported contingent on the restoration of the hotel. As such the heritage agreement will require conservation and restoration works to be undertaken in accordance with approved plans and it would be prudent for it to stipulate timeframes for certain aspects of the work to be completed. It should be noted that a Heritage Agreement is in the form of a normal legal deed and the City, as with such deeds, would take a charge and caveat against the land to secure its interests.
OPTIONS AND IMPLICATIONS
Option 1:
The Council may resolve to grant conditional approval of the application, consenting to the proposed variations to the Guildford Design Guidelines, City's parking standards and development standards (setback) for commercial development, subject to a modification of the back of house area to eliminate a parapet wall to the boundary with No.9 Shenton Avenue and subject to the conditions requested by the Heritage Council of Western Australia and Main Roads WA.
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This is the recommended option.
Implications:
The regulatory process has facilitated the conservation and restoration of the State listed Guildford Hotel, a significant building within Guildford and the State. The variation to the Guildford Design Guidelines with respect to the use of concrete in the new commercial building is considered to have minimal visual impact, if sufficiently treated. The impact of the proposed southern parapet wall, even modified, will have some impact to the adjoining residential lot (Johnson Street) but can be tolerated. The proposed shortfall in parking is not considered to have a major impact on the availability of parking in the locality.
Option 2:
The Council may resolve to not grant consent to the proposed variations to the Guildford Design Guidelines, City's parking standards and development standards (setback) for commercial development entailed by the application.
This is not the recommended option.
Implications:
Refusal of the proposed parapet wall would require the resiting of the whole of the proposed commercial building and therein the parking and access layout. This may be less then optimal in the function of the development. The applicant in any event would have a right of appeal to the State Administrative Tribunal.
Option 3:
The Council may resolve to grant consent to vary the rear setback requirement of Council's development standards pertaining to commercial development but not the variations to the Guildford Design Guidelines to permit the use of tilt up concrete in the new building nor the variation to the parking standards to permit the 78% parking shortfall. Conditional approval to the application may be granted subject to a modification of the back of house area to eliminate a parapet wall to the boundary with No.9 Shenton Avenue, the use of alternate construction material for the new commercial building, payment of a cash-in-lieu contribution for the full shortfall of bays (149 bays) or lesser amount thereof and the requirements of the Heritage Council of Western Australia and Main Roads WA.
This is not the recommended option.
Implications:
Not providing these development concessions, particularly with respect to parking provision, may not maximise facilitation of the conservation and restoration of the Guildford Hotel.
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CONCLUSION
An application has been submitted by Greg Rowe and Associates on behalf of Castle Towers Pty. Ltd. and Fanucci Pty. Ltd. for the restoration and redevelopment of the Guildford Hotel Site.
The application entails the restoration and continued use of the hotel building as a boutique hotel with the inclusion of conference facilities and accommodation rooms upstairs. A new 1300m2 single storey commercial building is proposed to the rear of the site with provision of 42 parking bays through the middle of the lot.
The Guildford Hotel is listed on the State Register of Heritage Places pursuant to the Heritage of Western Australia Act 1990.
The subject lot is zoned "General Commercial" under the City's Local Planning Scheme No.17 and the uses proposed are all permissible within the zone and considered to be consistent with its objectives.
The application proposes variations to the Guildford Design Guidelines in the use of tilt-up concrete for the new commercial building, the setback provisions of Council's commercial development standards where development abuts a residential lot and a shortfall in the provision of parking under Council's parking standards.
The application was advertised for public comment for a period of 1 month with a total of 32 submissions received including two objections. The majority of submissions indicated conditional support of the application, subject to appropriate treatment of the hotel facade and roof, use of appropriate construction materials and fenestration of the proposed new commercial building and cash-in-lieu contribution for the parking shortfall. A number of submissions, including the owner of No.9 Shenton Avenue and No.29 Johnson Street objected to the proposed parapet wall being 53 metres long and 4.2 metres high on the southern rear boundary of the site.
The Heritage Council of WA has advised of conditional support for the application and such conditions would be imposed as part of any approval.
Main Roads WA has also advised of conditional support for the application.
Subject to a modification to the extent of the proposed parapet wall to the southern boundary it is considered that the application is worthy of consent to the noted variations to the above listed development standards in accordance with Clause 7.5 and 7.6 of the Scheme. Such variations will constitute "development concessions" and should be granted subject to the applicant entering into a Heritage Agreement with the City and the Heritage Council of WA to secure the conservation and restoration of the Guildford Hotel building.
ATTACHMENTS
• Elevations
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STRATEGIC IMPLICATIONS
Nil
STATUTORY ENVIRONMENT
Planning and Development Act 2005
Heritage of Western Australia Act 1990
FINANCIAL IMPLICATIONS
Nil
RECOMMENDATION
That the Council resolve to:
1) Grant planning approval for the proposed restoration and redevelopment of the Guildford Hotel site, Lot 18 (No.159-161) James Street, Guildford, as set out in the Application for Planning Approval received 10 August 2011, subject to the following conditions:
1. The portion of the proposed new commercial building that is the "back of house" for the market/grocer being reconfigured to the satisfaction of the Chief Executive Officer so as to eliminate a parapet wall to the boundary of the adjoining property - No.9 Shenton Avenue, Guildford.
2. Prior to making application for a building licence for either the hotel building or the new commercial building, the applicant/registered proprietor(s) of the subject property shall;
(i) submit a report, prepared by a certified structural engineer with experience in heritage buildings, comprising:
(a) a dilapidation survey of the existing heritage fabric of the hotel building; and
(b) a proposed method for retaining the existing external walls of the hotel building and for constructing within it, which demonstrates the integrity of the external walls will not be compromised.
(c) an outline of "Urgent Works" that include, but are not limited to, the stabilisation of the existing walls of the hotel building, conservation of its brickwork and render and weatherproofing the structure.
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(ii) 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 the reconstruction of the Belvedere;
(d) 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;
(e) detailed drawings of the proposed street elevations of all buildings and a schedule of materials and colours to be utilised throughout; and
(f) an interpretation strategy that will tell the stories of the hotel.
3. Prior to the issue of a building licence for either the hotel building or the new commercial building the registered proprietor(s) of the subject property shall enter into a Heritage Agreement with the City and the Heritage Council of Western Australia, pursuant to the Heritage of Western Australia Act 1990, which will require the registered proprietor(s) to undertake and complete all designs, plans, drawings and building works pertaining to the conservation and restoration of the hotel building relating to 2(ii) above. Such agreement is to include the completion of any "urgent works" within a period of 1 year from the date of issue of any building licence.
4. This approval is for "Hotel” and/or "Tavern", "Shop" and "Reception Centre" 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.
5. Use of the site for the purpose approved shall not commence until a Certificate of Classification is issued under Regulation 20 of the Building Regulations 1989.
6. 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.
7. A site management plan must be submitted and approved by the City prior to any works commencing on the site. The site management plan is to address the following concerns: noise from carrying out work and from plant and trucks; hours of operation; light; dust; protection of existing roads, paths, services; site security; drainage; vibration
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management; fill; excavation and traffic management that relates to any works to take place on the site.
8. A Geotechnical Report covering the area affected by the proposed development is to be prepared by the applicant to the satisfaction of the Chief Executive Officer and submitted before the commencement or carrying out of any work or use authorised by this approval.
The report is to include information on the soil profiles and the suitability for on-site effluent disposal on each lot if the Water Corporation reticulated sewer is not available for connection. The development authorised by this approval shall be constructed and maintained in accordance with all requirements outlined in the Geotechnical Report.
9. The development must be connected to the Water Corporations sewer where available.
10. The applicant/registered proprietor of the subject property shall make provision for the installation of public art within the property, in accordance with the City's policy "Provision of Public Art", or alternatively may make a cash-in-lieu payment to the City to the value of $50,000 for provision of such art elsewhere within the locality.
11. The parapet wall to the southern rear boundary and its footings shall be constructed inside the allotment.
12. Prior to or in conjunction with the application for a building licence, the applicant shall submit for the approval of the Chief Executive Officer detailed plans and specifications including the site feature survey of a licensed surveyor, levels (proposed), earthworks, drainage, crossovers, access ways, hardstands, carports, parking bays, loading bays, lighting, existing easements, pavement details, proposed service connections and compound and refuse/bulk bin areas. Such plans and specifications should be in accordance with the City of Swan Property Development Design Guidelines and its relevant specifications.
13. All stormwater produced from this property including subsoil drainage is to be collected and disposed into the City’s drainage system in accordance with the City’s requirements.
14. No earthworks, nor stormwater drainage, shall encroach within or be discharged onto the James Street/Johnson Street road reservations.
15. Vehicle access onto the site shall be restricted to that shown on the approved site plan.
16. The existing crossovers to Johnson Street shall be relocated in accordance with the approved plans and the verge and kerb reinstated to the City's satisfaction, prior to the practical completion of the development.
17. The new southernmost crossover shall be 9 metre in width to accommodate two-way commercial traffic and shall provide one full movement access to the site. The new northernmost crossover shall be
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redesigned so at provide for left out only egress and shall be signed to indicate such.
18. A total of 42 parking bays shall be provided, each measuring 5.5 x 2.5 metres, clearly marked on the ground and served by a 6 metre wide paved access way. Where the access way abuts a building or other barrier, a minimum width of 6.5 metres is required. Disabled bays to comply with Australian Standard 2890.6, bays near obstructions to measure 5.5 x 2.8m.
19. Vehicle parking area, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.
20. The parking area and pavement indicated on the approved plan must have appropriate signs and appropriate line marking installed to give clear direction to motorists in accordance with Australian Standards. This must be maintained on an annual basis to the satisfaction of the City.
21. Prior to the application of a building licence, a landscape plan must be submitted to the City for approval. For the purpose of these conditions a detailed landscape plan shall be drawn to a scale of 1:100. Guidelines are available from the City of Swan or from the City's website www.cityofswan.com
22. All landscaping must be completed in accordance with the approved detailed landscape plan, prior to the occupation of any building and shall be maintained onsite to the satisfaction of the Chief Executive Officer.
23. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.
24. The development must be connected to the Water Corporation’s sewer where available.
25. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.
ADVICE NOTES
a) The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.
All development works are to be carried out in accordance with control of noise practices set out in Section 6 of AS 2436-1981 or the equivalent current Australian Standard.
No works shall commence prior to 7.00 am without the City’s approval.
b) Air handling system, water system or cooling towers shall be designed and installed in compliance with the Health (Air Handling and Water Systems) Regulations 1994 and the Australian Standard 3666 entitled
“Air Handling and Water Systems of Buildings - Microbial Control” or equivalent standard in effect at the time.
The Building Licence application is to be accompanied by certification in writing by a practising mechanical engineer that the design and installation complies in all respects with the Health (Air-Handling and Water Systems) Regulations 1994 and the Australian Standard 3666.
c) The applicant is advised that approval from the Water Corporation is required prior to the establishment of any land use which involves the storage or use of any chemical, petroleum or other substance or any process which is capable of producing any waste or discharge to the sewer system.
d) The carrying on of the development must not cause a dust nuisance to neighbours. Where appropriate such measures as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and in the manner directed by the City’s Principal Environmental Health Officer if it is considered that a dust nuisance exists.
2) Provide a copy of Council's resolution to the Heritage Council of Western Australia and advise all those parties that have made a submission.
REVISED RECOMMENDATION
That the Council resolve to:
1) Adopt the Recommendation as presented, subject to the addition of the following conditions:
25. No amplified music is permitted on the premises without the prior submission of an acoustic report, prepared by a suitably qualified consultant, demonstrating compliance with the Environmental Protection (Noise) Regulations 1997, to the satisfaction of the Chief Executive Officer.
26. Service delivery vehicles and loading/unloading activities shall comply with the Environmental Protection (Noise) Regulations 1997.
27. As the development is within the Guildford District Drainage Area, a drainage contribution of $25,870 is required. This fee is to contribute towards the upgrade and supply of an adequate drainage service within the area. Payment shall be made prior to any work commencing on the site.
2) It should be noted that condition 25. in the original Recommendation was a repeat of condition 23. and should therefore be deleted.
3) Record that the reason for changing the Recommendation is due to the above conditions being inadvertently omitted.
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MOTION that the Council resolve to:
1) Adopt the Recommendation as presented, subject to the deletion of Condition 25 (being a repeat of Condition 23) and add the following conditions and Advice Note (e):
25. No amplified music is permitted on the premises without the prior submission of an acoustic report, prepared by a suitably qualified consultant, demonstrating compliance with the Environmental Protection (Noise) Regulations 1997, to the satisfaction of the Chief Executive Officer.
26. Service delivery vehicles and loading/unloading activities shall comply with the Environmental Protection (Noise) Regulations 1997.
27. As the development is within the Guildford District Drainage Area, a drainage contribution of $25,870 is required. This fee is to contribute towards the upgrade and supply of an adequate drainage service within the area. Payment shall be made prior to any work commencing on the site.
28. The owner shall not permit any part of the development the subject of this application to be occupied or used until such time as all designs, plans, drawings and building works pertaining to the conservation and restoration of the hotel building as set out in this approval have been completed to the satisfaction of the City of Swan and the Heritage Council of Western Australia.
29. Prior to the issue of a building licence for the development the subject of this application the owner of the subject property shall enter into an agreement with the City of Swan whereby the owner agrees to amongst other things (but not limited to the following):
(a) carry out the designs, plans, drawings and building works pertaining to the conservation and restoration of the hotel building as set out in this approval to the satisfaction of the City of Swan and the Heritage Council of Western Australia in accordance with any timeframes specified by the City of Swan and/or the Heritage Council and in any event prior to the occupation or use of any part of the development the subject of this application;
(b) not to sell, transfer or otherwise dispose of any part of the property or the development nor make application for the subdivision of the subject property (whether by green title, strata or survey-strata subdivision) until such time as the designs, plans, drawings and building works pertaining to the conservation and restoration of the hotel building as set out in this approval have been completed to the satisfaction of the City of Swan and the Heritage Council of Western Australia; and
(c) charge the subject property with the obligation to carry out and complete all designs, plans, drawings and building works
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pertaining to the conservation and restoration of the hotel building as set out in this approval to the satisfaction of the City of Swan and the Heritage Council of Western Australia to enable the City of Swan to lodge an absolute caveat against the certificate of title to the subject property to secure the obligations of the owner under the agreement.
The agreement shall be prepared by the City of Swan’s solicitors to the satisfaction of the City of Swan and the owner of the subject property shall be responsible to pay all costs associated with the City’s solicitor’s costs of and incidental to the preparation of (including all drafts) of the agreement and the lodgement of the absolute caveat.”
ADVICE NOTES
e) The City shall not support any application for the subdivision of the subject property (whether by way of green title, strata or survey-strata subdivision) unless all designs, plans, drawings and building works pertaining to the conservation and restoration of the hotel building as set out in this approval have been completed to the satisfaction of the City of Swan and the Heritage Council of Western Australia.”
2) Record that the reason for changing the Recommendation is to delete a repeated condition and to add the above conditions 25 to 27 which were inadvertently omitted by staff and conditions 28 and 29 plus the Advice Note (e) which are additional conditions imposed to ensure that the conservation works are carried out in accordance with the approval prior to the operation of the 1300m2 commercial building and prior to the sale or disposal of the land.
(Cr T Williams - Cr Marino)
At this point, the CEO advised Councillors that he had been contacted by Ms Christine Hughes shortly before the meeting commenced providing him with legal advice she had received indicating that the total cost of the development would amount to $7.98M and therefore was outside the jurisdiction of the City Council and would required considerat by a Development Assessment Panel. These costs include estimated costs for parking provision. However, legal advice received during the meeting from the City's legal advisor was of the opinion that it is difficult to assess the exact costs of developments and therefore it is a matter that can be decided by the City Council.
AMENDMENT TO THE MOTION
That the motion be amended by adding the word "lease" in condition 29. (b).
(Cr McNamara - Cr Congerton)
THE AMENDMENT WAS PUT TO THE VOTE AND LOST (4/8)
RESOLVED UNANIMOUSLY TO:
1) Grant planning approval for the proposed restoration and redevelopment of the Guildford Hotel site, Lot 18 (No.159-161) James Street, Guildford, as set out in the Application for Planning Approval received 10 August 2011, subject to the following conditions:
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1. The portion of the proposed new commercial building that is the "back of house" for the market/grocer being reconfigured to the satisfaction of the Chief Executive Officer so as to eliminate a parapet wall to the boundary of the adjoining property - No.9 Shenton Avenue, Guildford.
2. Prior to making application for a building licence for either the hotel building or the new commercial building, the applicant/registered proprietor(s) of the subject property shall;
(i) submit a report, prepared by a certified structural engineer with experience in heritage buildings, comprising:
(a) a dilapidation survey of the existing heritage fabric of the hotel building; and
(b) a proposed method for retaining the existing external walls of the hotel building and for constructing within it, which demonstrates the integrity of the external walls will not be compromised.
(c) an outline of "Urgent Works" that include, but are not limited to, the stabilisation of the existing walls of the hotel building, conservation of its brickwork and render and weatherproofing the structure.
(ii) 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 the reconstruction of the Belvedere;
(d) 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;
(e) detailed drawings of the proposed street elevations of all buildings and a schedule of materials and colours to be utilised throughout; and
(f) an interpretation strategy that will tell the stories of the hotel.
3. Prior to the issue of a building licence for either the hotel building or the new commercial building the registered proprietor(s) of the subject property shall enter into a Heritage Agreement with the City and the Heritage Council of Western Australia, pursuant to the Heritage of
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Western Australia Act 1990, which will require the registered proprietor(s) to undertake and complete all designs, plans, drawings and building works pertaining to the conservation and restoration of the hotel building relating to 2(ii) above. Such agreement is to include the completion of any "urgent works" within a period of 1 year from the date of issue of any building licence.
4. This approval is for "Hotel” and/or "Tavern", "Shop" and "Reception Centre" 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.
5. Use of the site for the purpose approved shall not commence until a Certificate of Classification is issued under Regulation 20 of the Building Regulations 1989.
6. 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.
7. A site management plan must be submitted and approved by the City prior to any works commencing on the site. The site management plan is to address the following concerns: noise from carrying out work and from plant and trucks; hours of operation; light; dust; protection of existing roads, paths, services; site security; drainage; vibration management; fill; excavation and traffic management that relates to any works to take place on the site.
8. A Geotechnical Report covering the area affected by the proposed development is to be prepared by the applicant to the satisfaction of the Chief Executive Officer and submitted before the commencement or carrying out of any work or use authorised by this approval.
The report is to include information on the soil profiles and the suitability for on-site effluent disposal on each lot if the Water Corporation reticulated sewer is not available for connection. The development authorised by this approval shall be constructed and maintained in accordance with all requirements outlined in the Geotechnical Report.
9. The development must be connected to the Water Corporations sewer where available.
10. The applicant/registered proprietor of the subject property shall make provision for the installation of public art within the property, in accordance with the City's policy "Provision of Public Art", or alternatively may make a cash-in-lieu payment to the City to the value of $50,000 for provision of such art elsewhere within the locality.
11. The parapet wall to the southern rear boundary and its footings shall be constructed inside the allotment.
12. Prior to or in conjunction with the application for a building licence, the applicant shall submit for the approval of the Chief Executive Officer detailed plans and specifications including the site feature survey of a
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licensed surveyor, levels (proposed), earthworks, drainage, crossovers, access ways, hardstands, carports, parking bays, loading bays, lighting, existing easements, pavement details, proposed service connections and compound and refuse/bulk bin areas. Such plans and specifications should be in accordance with the City of Swan Property Development Design Guidelines and its relevant specifications.
13. All stormwater produced from this property including subsoil drainage is to be collected and disposed into the City’s drainage system in accordance with the City’s requirements.
14. No earthworks, nor stormwater drainage, shall encroach within or be discharged onto the James Street/Johnson Street road reservations.
15. Vehicle access onto the site shall be restricted to that shown on the approved site plan.
16. The existing crossovers to Johnson Street shall be relocated in accordance with the approved plans and the verge and kerb reinstated to the City's satisfaction, prior to the practical completion of the development.
17. The new southernmost crossover shall be 9 metre in width to accommodate two-way commercial traffic and shall provide one full movement access to the site. The new northernmost crossover shall be redesigned so at provide for left out only egress and shall be signed to indicate such.
18. A total of 42 parking bays shall be provided, each measuring 5.5 x 2.5 metres, clearly marked on the ground and served by a 6 metre wide paved access way. Where the access way abuts a building or other barrier, a minimum width of 6.5 metres is required. Disabled bays to comply with Australian Standard 2890.6, bays near obstructions to measure 5.5 x 2.8m.
19. Vehicle parking area, access and circulation areas must be sealed, kerbed, drained and maintained to the satisfaction of the City, in accordance with the approved plans.
20. The parking area and pavement indicated on the approved plan must have appropriate signs and appropriate line marking installed to give clear direction to motorists in accordance with Australian Standards. This must be maintained on an annual basis to the satisfaction of the City.
21. Prior to the application of a building licence, a landscape plan must be submitted to the City for approval. For the purpose of these conditions a detailed landscape plan shall be drawn to a scale of 1:100. Guidelines are available from the City of Swan or from the City's website www.cityofswan.com
22. All landscaping must be completed in accordance with the approved detailed landscape plan, prior to the occupation of any building and shall be maintained onsite to the satisfaction of the Chief Executive Officer.
23. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.
24. The development must be connected to the Water Corporation’s sewer where available.
25. No amplified music is permitted on the premises without the prior submission of an acoustic report, prepared by a suitably qualified consultant, demonstrating compliance with the Environmental Protection (Noise) Regulations 1997, to the satisfaction of the Chief Executive Officer.
26. Service delivery vehicles and loading/unloading activities shall comply with the Environmental Protection (Noise) Regulations 1997.
27. As the development is within the Guildford District Drainage Area, a drainage contribution of $25,870 is required. This fee is to contribute towards the upgrade and supply of an adequate drainage service within the area. Payment shall be made prior to any work commencing on the site.
28. The owner shall not permit any part of the development the subject of this application to be occupied or used until such time as all designs, plans, drawings and building works pertaining to the conservation and restoration of the hotel building as set out in this approval have been completed to the satisfaction of the City of Swan and the Heritage Council of Western Australia.
29. Prior to the issue of a building licence for the development the subject of this application the owner of the subject property shall enter into an agreement with the City of Swan whereby the owner agrees to amongst other things (but not limited to the following):
(a) carry out the designs, plans, drawings and building works pertaining to the conservation and restoration of the hotel building as set out in this approval to the satisfaction of the City of Swan and the Heritage Council of Western Australia in accordance with any timeframes specified by the City of Swan and/or the Heritage Council and in any event prior to the occupation or use of any part of the development the subject of this application;
(b) not to sell, transfer or otherwise dispose of any part of the property or the development nor make application for the subdivision of the subject property (whether by green title, strata or survey-strata subdivision) until such time as the designs, plans, drawings and building works pertaining to the conservation and restoration of the hotel building as set out in this approval have been completed to the satisfaction of the City of Swan and the Heritage Council of Western Australia; and
(c) charge the subject property with the obligation to carry out and complete all designs, plans, drawings and building works pertaining to the conservation and restoration of the hotel building as set out in this approval to the satisfaction of the City
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of Swan and the Heritage Council of Western Australia to enable the City of Swan to lodge an absolute caveat against the certificate of title to the subject property to secure the obligations of the owner under the agreement.
The agreement shall be prepared by the City of Swan’s solicitors to the satisfaction of the City of Swan and the owner of the subject property shall be responsible to pay all costs associated with the City’s solicitor’s costs of and incidental to the preparation of (including all drafts) of the agreement and the lodgement of the absolute caveat.”
ADVICE NOTES
a) The noise generated by activities on-site, including machinery motors or vehicles is not to exceed the levels as set out under the Environmental Protection (Noise) Regulations 1997.
All development works are to be carried out in accordance with control of noise practices set out in Section 6 of AS 2436-1981 or the equivalent current Australian Standard.
No works shall commence prior to 7.00 am without the City’s approval.
b) Air handling system, water system or cooling towers shall be designed and installed in compliance with the Health (Air Handling and Water Systems) Regulations 1994 and the Australian Standard 3666 entitled “Air Handling and Water Systems of Buildings - Microbial Control” or equivalent standard in effect at the time.
The Building Licence application is to be accompanied by certification in writing by a practising mechanical engineer that the design and installation complies in all respects with the Health (Air-Handling and Water Systems) Regulations 1994 and the Australian Standard 3666.
c) The applicant is advised that approval from the Water Corporation is required prior to the establishment of any land use which involves the storage or use of any chemical, petroleum or other substance or any process which is capable of producing any waste or discharge to the sewer system.
d) The carrying on of the development must not cause a dust nuisance to neighbours. Where appropriate such measures as installation of sprinklers, use of water tanks, mulching or other land management systems should be installed or implemented to prevent or control dust nuisance, and such measures shall be installed or implemented within the time and in the manner directed by the City’s Principal Environmental Health Officer if it is considered that a dust nuisance exists.
e) The City shall not support any application for the subdivision of the subject property (whether by way of green title, strata or survey-strata subdivision) unless all designs, plans, drawings and building works pertaining to the conservation and restoration of the hotel building as set out in this approval have been completed to the satisfaction of the City of Swan and the Heritage Council of Western Australia.”
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2) Provide a copy of Council's resolution to the Heritage Council of Western Australia and advise all those parties that have made a submission.
3) Record that the reason for changing the Recommendation is to delete a repeated condition and to add the above conditions 25 to 27 which were inadvertently omitted by staff and conditions 28 and 29 plus the Advice Note (e) which are additional conditions imposed to ensure that the conservation works are carried out in accordance with the approval prior to the operation of the 1300m2 commercial building and prior to the sale or disposal of the land.
