Ordinary Meeting of Council 14 January 2015 3.3 PROPOSED SERVICE STATION, FAST FOOD OUTLET, MOTOR VEHICLE WASH - LOTS 264 & 265 (NO.177) GREAT EASTERN HIGHWAY, BELLEVUE (DA307-14) Ward: (Midland/Guildford Ward) (Statutory Planning) Disclosure of Interest: Nil Authorised Officer: (Executive Manager Planning) KEY ISSUES • The application is for a proposed service station on two lots at the corner of Great Eastern Highway and Ferguson Streets in Bellevue. • The application was referred to Main Roads Western Australia (MRWA) for comment. MRWA did not support the proposed crossover arrangements to Great Eastern Highway. • The applicant appealed to the Minister for Transport who supported, in principle, the proposal in relation to access to Great Eastern Highway. The Minister for Transport advised that access design to Ferguson Street and Lennard Gardens remains at the discretion of the City of Swan. • City Staff have required amended plans in relation to Ferguson Street and Lennard Gardens access and circulation through the site. • Amended plans have been submitted which modify crossover access to Ferguson Street and Lennard Gardens. These are acceptable to City staff. • The application was referred back to MRWA for comment only in relation to proposed signage. The MRWA response recommended the imposition of conditions that, if understood correctly by City staff, are considered to be unjustified and unreasonable. • For Council’s information, the City has been successful in obtaining funding as part of the 2015/2016 Black Spot program for the upgrade of the Ferguson Street and Great Eastern Highway intersection and design will commence shortly. It is recommended Council approve the application pursuant to its Local Planning Scheme No.17 and recommend the Western Australian Planning Commission also approve the same pursuant to the Metropolitan Region Scheme but without three of the conditions suggested by Main Roads WA. Page 1
Transcript
Ordinary Meeting of Council 14 January 2015
3.3 PROPOSED SERVICE STATION, FAST FOOD OUTLET, MOTOR VEHICLE WASH - LOTS 264 & 265 (NO.177) GREAT EASTERN HIGHWAY, BELLEVUE (DA307-14)
• The application is for a proposed service station on two lots at the corner of Great Eastern Highway and Ferguson Streets in Bellevue.
• The application was referred to Main Roads Western Australia (MRWA) for comment. MRWA did not support the proposed crossover arrangements to Great Eastern Highway.
• The applicant appealed to the Minister for Transport who supported, in principle, the proposal in relation to access to Great Eastern Highway. The Minister for Transport advised that access design to Ferguson Street and Lennard Gardens remains at the discretion of the City of Swan.
• City Staff have required amended plans in relation to Ferguson Street and Lennard Gardens access and circulation through the site.
• Amended plans have been submitted which modify crossover access to Ferguson Street and Lennard Gardens. These are acceptable to City staff.
• The application was referred back to MRWA for comment only in relation to proposed signage. The MRWA response recommended the imposition of conditions that, if understood correctly by City staff, are considered to be unjustified and unreasonable.
• For Council’s information, the City has been successful in obtaining funding as part of the 2015/2016 Black Spot program for the upgrade of the Ferguson Street and Great Eastern Highway intersection and design will commence shortly.
It is recommended Council approve the application pursuant to its Local Planning Scheme No.17 and recommend the Western Australian Planning Commission also approve the same pursuant to the Metropolitan Region Scheme but without three of the conditions suggested by Main Roads WA.
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AUTHORITY/DISCRETION
Where the recommendation provided by the Public Authority is not acceptable to the local government, the application together with the recommendations provided by all Public Authorities consulted and the reasons why the recommendation is not acceptable to the Local Government, shall be referred immediately to the Western Australian Planning Commission (WAPC) for determination in accordance with the Notice of Delegation 2011/12 5(b).
Standards Local Planning Policy - POL-TP-125 - Building and Development Standards - Commercial Zones
Development Scheme: Local Planning Scheme No. 17 Existing Land Use: Warehouse Lot Size: 2,428m2 Use Class: Service Station, Motor Vehicle Wash, and Fast Food
Outlet
DETAILS OF THE PROPOSAL
The proposal consists of the following:
• Service Station, Motor Vehicle Wash and Fast Food Outlet, where the primary use is Service Station.
• Access is provided with 'left in' only from great Eastern Highway, and full vehicle movements to Ferguson Street and Lennard Gardens.
• The Service Station allows for 8 fuel bowsers, and a 24.211m crossover to Lennard Gardens allows for ample queuing.
• The Fast Food Outlet occupies approximately 132m2 within the main Service Station building, and includes a seating area for a maximum of 24 patrons.
• The Motor Vehicle Wash is a single bay, with a two car queuing opportunity.
• A total of 17 vehicle parking bays and one loading bay.
• A 1.616m setback to Ferguson Street and an 8.48m setback to Great Eastern Highway.
• A 10m high, 2.88m wide Monolith Sign located at the north eastern corner of the site.
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• The current location of access from Great Eastern Highway is to remain unchanged.
• The current access point from Ferguson Street to be relocated approximately 15m south.
• The current access onto Lennard Gardens to be extended approximately 16m west.
DESCRIPTION OF SITE
The subject site comprises two rectangular lots, each of 1214m2 in area, situated on the southern side of Great Eastern Highway and the eastern side of Ferguson Street in Bellevue. The lots are straddled by an existing warehouse building, to be demolished. Approximately 123m2 of the land is reserved for Primary Regional Roads.
The subject site is located approximately 600m east of Midland Gate Shopping Centre, and opposite Bunnings Warehouse on the south eastern corner of Great Eastern Highway and Ferguson Street. Access is currently gained from Great Eastern Highway, Ferguson Street and Lennard Gardens.
APPLICANT'S SUBMISSION
The applicant has provided justification specifically in response to the most recent of Main Roads WA (MRWA) comments. These are contained as an attachment to this report.
PUBLIC CONSULTATION
The application was referred to landowners within a radius of 100m for a period of 21 days. During this time, 9 submissions were received, all offering no objection to the proposal.
CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS
The application was referred to MRWA for a period of 30 days. MRWA was unsupportive of the proposal for the following reasons:
• No access should be granted to or from the development site at Great Eastern Highway due to:
o A current 1.5m road reservation, and the likelihood of a further land requirements for a left turn pocket in the event the intersection is signalised
o WAPC Development Control Policy 5.1 Regional Roads (Vehicular Access) Clause 3.3.2 which states that "where alternative access is or could be made available from side or rear streets or from rights of way, no access shall be permitted to the regional road unless special circumstances apply
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• The proposed access from Ferguson should be a 'Left-in Left-out' only and located a minimum of 25m from the tangent point of the curve of the road at the corner or the Metropolitan Region Scheme (MRS) line, whichever is the greater
• Two access points were proposed on Ferguson Street. MRWA support only one access point from Ferguson Street.
• Due to Lloyd Street southern extension provided, Ferguson Street will carry greater traffic volumes of traffic turning onto Great Eastern Highway.
Following this, the applicant sought support from the Minister for Transport. The Hon Dean Nalder MLA provided support in principle for the following reasons:
• The requirement of land for a left turn pocket and future median along Great Eastern Highway should not restrict the applicants request for left-in access only to the site as it will not have an impact on safety, particularly with the advent of the installation of traffic signals at Ferguson Street. The left-in access from Great Eastern Highway is therefore supported.
• A 60m wide property boundary along Ferguson Street will be sufficient to allow two access points particularly in light of the pending installation of traffic signals at the intersection.
• It was noted that if there are any safety issues which are exacerbated by the accesses, or if highway works are required, access points to the site will need to be reviewed.
It must be noted that in relation to the second point, Ferguson Street is a Local Road and the design of access and egress and associated safety impacts is determined by the City. In this instance, amended plans were required to include one access only, located a minimum of 25m from the tangent point of the curve of the road at the corner or the MRS line, whichever is the greater.
MRWA was again consulted following receipt of amended plans, to comment only in relation to the location of the proposed Monolith Sign. The proposed Monolith Sign is set back beyond the 1.5m land reservation and is therefore acceptable to Main Roads WA.
Main Roads WA also included in their response, conditions for approval as follows:
1. The applicant is to provide a written acknowledgement by way of Notification registered on Title under s70A of the Transfer of Land Act 1893 that development is permitted on the basis that no compensation will be sought by the applicant or the applicants successors in respect of the loss of the approved improvements in the portion currently reserved for road purposes under the region scheme, or required for future road purposes associated with improvement of the intersection at Ferguson Street and Great Eastern Highway, including improvements deemed necessary for the safety of the intersection of Ferguson Street and Great Eastern Highway is and when the current and future reserved portion of the land is acquired for any works consistent with the purpose of the reservation.
2. The Driveway on Ferguson Street shall be located a minimum of 25m from the tangent point of the curve of the road at the corner or the MRS line, whichever is the greater.
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3. A robust Traffic Impact Assessment is to be undertaken for the development in accordance with the WAPC's Transport Assessment Guidelines/. This assessment should be based on the year of full opening of the development and 10 years after full opening.
The year of full opening assessment will provide a measure of the transport impact once the development is fully opened. However, the post full development assessment (10 years after opening or similar) will determine the medium to longer term impacts of the proposed development on the surrounding road network. This assessment may indicate likely land impacts which may be greater than currently envisaged.
4. The developer shall be responsible for all costs involved in the land acquisition, design and construction of the intersection and access. This includes signing, road markings, relocation of services, street lighting and Main Roads costs involved in the checking of the design and construction drawings and any site inspections.
5. Main Roads approval for the construction drawings is required before any work undertaken with the Great Eastern Highway road reservation. A detailed traffic management safety plan while working within the road reservation is to be submitted as part of this approval.
6. The applicant must obtain approval from Main Roads before all works are undertaken within Great Eastern Highway road reserve.
7. Any services, infrastructure or roadside furniture that requires relocation as a result of the applicant's works will be at the applicant's cost.
City staff do not agree with the imposition of conditions 1, 3 and 4. This will be discussed further in the report.
DETAILS
Zoning and Permissibility:
The subject site is zoned 'Highway Service' under Local Planning Scheme No. 17 (LPS17). In accordance with LPS17, 'Service Station' is an 'A' use in the Highway Service zone, meaning the use is not permitted by the Scheme unless the local government has exercised its discretion by granting planning approval after giving special notice in accordance with clause 9.4. 'Motor Vehicle Wash' is a 'P' use in the Highway Service zone meaning the use is permitted by the Scheme provided the use complies with the relevant development standards and the requirements of the scheme.
'Fast Food Outlet' is a 'D' use in the Highway Service zone, meaning the use is not permitted by the Scheme unless the local government has exercised its discretion by granting planning approval.
The uses are considered to be generally consistent with the objectives of the Highway Service zone in that they will not detract from the low intensity commercial uses along Great Eastern Highway. Furthermore, it supports the major traffic thoroughfare, offering services aimed for cars and automobiles.
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MRWA Conditions:
Under the terms of the Notice of Delegation pertaining to decisions made pursuant to the MRS, where a local authority does not accept the advice of Main Roads WA, the Western Australian Planning Commission makes the decision.
The following conditions, recommended by Main Roads WA, are not supported by City staff.
Condition 1
The applicant is to provide a written acknowledgement by way of Notification registered on Title under s70A of the Transfer of Land Act 1893 that development is permitted on the basis that no compensation will be sought by the applicant or the applicants successors in respect of the loss of the approved improvements in the portion currently reserved for road purposes under the region scheme, or required for future road purposes associated with improvement of the intersection at Ferguson Street and Great Eastern Highway, including improvements deemed necessary for the safety of the intersection of Ferguson Street and Great Eastern Highway is and when the current and future reserved portion of the land is acquired for any works consistent with the purpose of the reservation.
The purpose of this recommended condition apparently is to secure from the applicant a tacit agreement to forgo any rights to compensation from MRWA they might have as a result of land resumption.
The recommended condition clearly serves no valid planning purpose. It is rather a condition designed to serve the ulterior purposes of Main Roads WA. Consequently it fails the test of validity for a planning condition and ought not to be imposed.
Condition 3
A robust Traffic Impact Assessment is to be undertaken for the development in accordance with the WAPC's Transport Assessment Guidelines/. This assessment should be based on the year of full opening of the development and 10 years after full opening.
The year of full opening assessment will provide a measure of the transport impact once the development is fully opened. However, the post full development assessment (10 years after opening or similar) will determine the medium to longer term impacts of the proposed development on the surrounding road network. This assessment may indicate likely land impacts which may be greater than currently envisaged.
The need, in a planning sense, for the imposition of this condition, appears to be to establish the adequacy, or otherwise, of access to the subject site other than by way of Great Eastern Highway. That is the adequacy of access to and from the site from Ferguson Street and/or Lennard Gardens, taking into account the impact of such traffic on these roads.
There are two reasons why City staff consider the proposed condition to be inappropriate. Firstly, as noted, it appears the condition is intended to establish the adequacy of access from the two secondary streets. However as a condition attached to an approval, these access points will already be approved. What then is the purpose in having a condition that seeks to evaluate whether these access points are appropriate when a decision on this has already been made? A condition imposed under such circumstances is needless and therefore fails the test of validity for a planning condition.
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If alternatively the purpose is to gain an evaluation of the projected level of traffic that might use the local road network within a 10 year time frame, it would appear to lack any nexus with the subject application. Similarly, for this reason, it would fail the test of validity for a planning condition.
City staff are satisfied that the access to both Ferguson Street and Lennard Gardens has been designed to function adequately.
Condition 4
The developer shall be responsible for all costs involved in the land acquisition, design and construction of the intersection and access. This includes signing, road markings, relocation of services, street lighting and Main Roads costs involved in the checking of the design and construction drawings and any site inspections.
The City upon reading this condition was uncertain as to the intent. After liaising with MRWA to determine what this condition seeks to achieve, MRWA advised the amendment of this condition to read,
The developer shall be responsible for all costs involved in the design and construction of the access from Great Eastern Highway. This includes signing, road markings, relocation of services, street lighting and Main Roads costs involved in the checking of the design and construction drawings and any site inspections."
Unfortunately this reworded condition is no clearer to City staff. The current crossover access to Great Eastern Highway has at this juncture been permitted to remain. Therefore there are no crossover works entailed. Given MRWA’s previous opposition to this crossover in light of the future upgrades to the Great Eastern Highway/Ferguson Street intersection, it seems illogical that alterative crossover locations closer to the intersection would be considered. That outcome is borne out by the intent of proposed Condition 3 to evaluate the efficacy of the other two site crossovers as alternative means of access. In any event a different site crossover to Great Eastern Highway would likely be a new and separate development application.
If the above understanding is correct, there appears to be no planning need to impose such a condition on this application. If that understanding is not correct then City staff cannot impose a condition they do not understand and which clearly lacks certainty in application.
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POL-TP-125 Building and Development Standards - Commercial:
The proposal was assessed against POL-TP-125. The proposal complies with the policy, with the exception of the following:
Front 15m 8.48m is proposed to the primary street. This will be reduced to 6.97m in the event the 1.5m road reservation is required for road works.
This is considered a minor variation, and through design and mixed materials, the streetscape will be preserved.
Side 3m 1.61m is proposed to the side boundary. This is considered acceptable, as it is to Fergusson Street, thus not affecting any adjoining landowners.
Setbacks for Motor Vehicle Wash are not specified within POL-TP-125.
For all other Commercial uses not specified in the Policy, setbacks and development standards are to be negotiated with the Council.
The Motor Vehicle Wash component proposed a nil setback to the eastern boundary, and a 4.5m rear setback. This is considered consistent with the existing development of the locality, characterised by boundary walls.
As Fast Food Outlet is considered secondary to the Service Station, and is included within the building, setbacks have been assessed only in accordance with Service Station requirements.
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POL-TP-129 Vehicle Parking Standards:
The proposed development has been assessed in accordance with Local Planning Policy POL-TP-129 - Vehicle Parking. The assessment follows:
POL-TP-129 Provision Required Comment/Assessment
Service Station
1 space for every 230m2 gross site area but not less than 8 spaces
2428m2 requires 10.55 parking bays. This is rounded to 11 bays in accordance with policy provisions
A total of 26 bays are required for all of the proposed uses.
A total of 17 parking bays have been provided, which represents a 9 bay shortfall.
It is not anticipated that a parking inadequacy will result by approving this parking variation, as the primary use of the site is for Service Station, which only requires 11 parking bays. The additional uses have generated the need for more bays, however, as they are ancillary uses, it is anticipated that the primary customer base of the Fast Food Outlet and Motor Vehicle Wash will come from those customers utilising the Service Station.
Fast Food Outlet
10 spaces per 100m2 GLA with a minimum of 6 spaces
132m2 requires 13.2 parking bays. This is rounded to 13 bays in accordance with policy provisions
Motor Vehicle Wash
5 spaces for every 2 wash stalls (a wash stall shall be counted as a parking space)
One wash stall is proposed, requiring 2.5 parking bays. This is rounded to 3 bays in accordance with policy provisions
OPTIONS AND IMPLICATIONS
Option 1: Council may resolve to approve the application for a Service Station, Motor Vehicle Wash and Fast Food Outlet at Lots 264 & 265 (No. 177) Great Eastern Highway, Bellevue, and recommend the WAPC’s approval of the same, pursuant to the Metropolitan Region Scheme, but without the imposition of Conditions 1, 3 and 4 as recommended by Main Roads Western Australia.
Implications: This option will allow the proposed development to be constructed to provide a service to the surrounding Highway Service zone.
This is the recommended option.
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Option 2: Council may resolve to approve the application for a Service Station, Motor Vehicle Wash and Fast Food Outlet at Lots 264 & 265 (No. 177) Great Eastern Highway, Bellevue, and recommend the WAPC’s approval of the same, pursuant to the Metropolitan Region Scheme, inclusive of the following conditions as recommended by Main Roads Western Australia:
1. The applicant is to provide a written acknowledgement by way of Notification registered on Title under s70A of the Transfer of Land Act 1893 that development is permitted on the basis that no compensation will be sought by the applicant or the applicants successors in respect of the loss of the approved improvements in the portion currently reserved for road purposes under the region scheme, or required for future road purposes associated with improvement of the intersection at Ferguson Street and Great Eastern Highway, including improvements deemed necessary for the safety of the intersection of Ferguson Street and Great Eastern Highway is and when the current and future reserved portion of the land is acquired for any works consistent with the purpose of the reservation.
2. A robust Traffic Impact Assessment is to be undertaken for the development in accordance with the WAPC's Transport Assessment Guidelines/. This assessment should be based on the year of full opening of the development and 10 years after full opening.
The year of full opening assessment will provide a measure of the transport impact once the development is fully opened. However, the post full development assessment (10 years after opening or similar) will determine the medium to longer term impacts of the proposed development on the surrounding road network. This assessment may indicate likely land impacts which may be greater than currently envisaged.
3. The developer shall be responsible for all costs involved in the land acquisition, design and construction of the intersection and access. This includes signing, road markings, relocation of services, street lighting and Main Roads costs involved in the checking of the design and construction drawings and any site inspections.
Implications: The WAPC will make the determination.
This is not the recommended option.
CONCLUSION
The application is for a proposed service station on two lots at the corner of Great Eastern Highway and Ferguson Streets in Bellevue.
The application was referred to MRWA for comment. MRWA did not support the proposed crossover arrangements to Great Eastern Highway.
The applicant appealed to the Minister for Transport who supported, in principle, the proposal in relation to access to Great Eastern Highway. The Minister for Transport advised that access design to Ferguson Street and Lennard Gardens remains at the discretion of the City of Swan.
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City staff have required amended plans in relation to Ferguson Street and Lennard Gardens access and circulation through the site.
Amended plans have been submitted which modify crossover access to Ferguson Street and Lennard Gardens. These are acceptable to City staff.
The application was referred back to MRWA for comment only in relation to proposed signage. The MRWA response recommended the imposition of conditions that, if understood correctly by City staff, are considered to be unjustified and unreasonable.
It is recommended Council approve the application pursuant to its Local Planning Scheme No.17 and recommend the WAPC also approve the same pursuant to the MRS but without three of the conditions suggested by MRWA.
ATTACHMENTS
Location Plan
Site Plans, Floor Plans and Elevations
Applicants Submission
Minister for Transport correspondence
MRWA correspondence
STRATEGIC IMPLICATIONS
Nil
STATUTORY IMPLICATIONS
Planning and Development Act 2005
City of Swan Local Planning Scheme No. 17
Local Planning Policy - POL-TP-129 - Vehicle Parking Standards
Local Planning Policy - POL-TP-125 - Building and Development Standards - Commercial Zones
FINANCIAL IMPLICATIONS
Nil
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VOTING REQUIREMENTS
Simple majority
RECOMMENDATION
That the Council resolve to:
1. Recommend to the Western Australian Planning Commission approval for the Service Station, Fast Food Outlet and Motor Vehicle Wash at Lots 264 & 265 (No.177) Great Eastern Highway, Bellevue, subject to the following conditions:
1. This approval is for "Service Station", "Fast Food Outlet" and "Motor Vehicle Wash" 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. 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.
3. Use of the site for the purpose approved shall not commence until an Occupancy Permit is issued.
4. In order to comply with the City of Swan Provision of Public Art Policy PO-LP-1.10, the owner(s) or applicant on behalf of the owner(s) shall within 28 days of the grant of this approval elect either;
(a) To pay to the City the sum of ($15,000) which equates to 1% of the Construction Cost of the development, in lieu of providing on-site Public Art (option 1); or
(b) Seek approval from the City for an artist to provide Public Art on the development site to a minimum value of ($15,000) (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) within a further 28 days following the election (or such longer period agreed by the City) must seek approval from the City for a specific Public Art work including the artist proposed to undertake the work. 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;
(c) the Public Art approved must be maintained during the continuation of the development; and
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(d) prior to the lodgement of a building permit application a Notification pursuant to section 70A of the Transfer of Land Act must be lodged against the certificate of title to the land on which the development is to be carried out, to make the proprietors and prospective purchasers aware of the preceding condition.
5. The parapet wall and footings shall be constructed inside the allotment.
6. The surface of the parapet wall shall be finished to a professional standard (i.e. have raked/rolled joints or an even render finish) to the satisfaction of the Manager Statutory Planning.
7. 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.
8. No products, materials or other goods whatsoever are to be stored outside of the building, unless in a designated area approved by the City for that purpose.
9. Car parking bays and areas designated for landscaping, shall not be used for the storage, display or selling of any goods or vehicles whatsoever.
10. The premises shall be kept in a neat and tidy condition at all times to the satisfaction of the City.
11. A total of 17 parking bays and one (1) loading bay shall be provided, each measuring 5.5m x 2.5m, clearly marked on the ground and served by a 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
12. Vehicle access onto the site is subject to detailed designs for vehicle access being submitted to and approved by the Chief Executive Officer, to ensure alignment with the design of the proposed traffic signals at the intersection.
13. Any existing vehicle crossover not included as part of the proposed development on the approved plan shall be removed, and the verge and kerb reinstated prior to the practical completion of the development to the City’s satisfaction.
14. All pavement on the site must be capable of accepting anticipated loadings (including accessways, parking areas, storage and hardstands). The City will not accept any responsibility for subsequent failure of any pavement.
15. 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.
16. 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.
17. The driveway on Ferguson Street shall be located a minimum of 25m from the tangent point of the curve of the road at the corner or the MRS line, whichever is greater.
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18. The applicant must obtain approval from Main Roads WA before any works are undertaken within the Great Eastern Highway road reserve.
19. Any services, infrastructure or roadside furniture that requires relocation as a result of the applicant's works will be at the applicant's cost.
20. No fluid, other than uncontaminated stormwater is to enter any stormwater drain without prior approval from the City and the Environmental Protection Authority.
21. As the development is within the Midland District Drainage Area, a drainage contribution of $14,956.48 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 the clearance of subdivision conditions or prior to the lodgement of a Building Permit application and prior to any work commencing on the site.
22. Storm drain to be designed and installed in accordance with the City's design guidelines.
23. All crossovers must be built and maintained in accordance with City's specifications.
24. The drainage system of the site must be designed for a 1 in 5 year storm (minimum). An overland flow path must be provided for potential internal system failure.
25. Earthworks, footings and/or structures are not to extend over any lot boundaries.
26. External lighting shall comply with the requirements of AS 4282 – Control of Obtrusive Effects of Outdoor Lighting.
27. Wash down bays where petrol, other hydrocarbons or similar matter is likely to be discharged must be constructed in accordance with Water Corporation guidelines. In particular bays should be bunded and graded to trap all waste which then passes through and approved petrol and oil separator before being discharged to sewer. External wash down bays greater than 20m2 are to be roofed.
Where sewer is not available treated liquid wastes shall be disposed of onsite in a manner outlined in the Department of Water's Water Quality Protection Note WQPN 68 (Mechanical Equipment Washdown) dated March 2006.
No contaminated stormwater is permitted to enter the stormwater drains.
All fuels, oils and other liquids shall be appropriately stored within a bunded and covered area capable of trapping all wastes.
28. All landscaping must be completed in accordance with the approved detailed landscape plan, prior to the occupation of any building and all landscaping is to be maintained onsite to the satisfaction of the Chief Executive Officer.
29. On land designated for future road or road widening, no development other than landscaping will be approved or permitted.
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30. A plan or description of all pylon signs for the proposed development shall be submitted and approved by the City of Swan as a separate development application.
31. No bunting is to be erected on the site. (Bunting here includes streamers, streamer strips, banner strips or decorations of similar kind).
32. The applicant is to ascertain the location and depth of any services that may interfere with this development. Any adjustment to these services required as part of this approval, must be arranged by the applicant prior to works commencing on the site. Any adjustment must be approved by the relevant service authorities and will be at the applicant's expense.
33. 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: Advice notes apply.
2) The applicant/owner to be advised of the resolution of Council and relevant advice notes pertaining to the approval.
3) Advise those who lodged a submission of Council’s decision accordingly.
