Ordinary Meeting of Council 09 May 2018 Page 1 3.11 COMMERCIAL VEHICLE PARKING - LOT 5 (NO.11) CECELIA ROAD, CAVERSHAM (DA568-14) Ward: (Swan Valley/Gidgegannup Ward) (Statutory Planning) Disclosure of Interest: Nil Authorised Officer: (Executive Manager Planning and Development) KEY ISSUES • The application seeks approval to park one (1) Prime Mover and one (1) Trailer at Lot 5 (No.11) Cecelia Road, Caversham. The vehicle is currently being kept at the property without approval from the City. • The vehicle is classified as a Restricted Access Vehicle (RAV). RAV's are vehicles that exceed maximum width, height, length, mass or other limit prescribed in the Road Traffic (Vehicles) Regulations 2014 and as such, are only permitted to operate on roads approved by Main Road, known as the RAV Network. • The site subject to the application is connected to the RAV network by more than 1km of local road constructed to a rural standard. • Despite numerous requests, the applicant has not provided Main Roads approval to operate the vehicle subject to the application on the local road network. It is assumed no such approval exists. • The applicant declined the opportunity to modify the proposal to include the prime mover only (not a RAV) and requests Council consider the application as presented. • The property is zoned 'Rural' under the Metropolitan Region Scheme (MRS) and 'Swan Valley Rural' under the City of Swan Local Planning Scheme No.17 (LPS17). • The application was referred to the Swan Valley Planning Committee which recommended the application be refused in the absence of Main Roads approval to operate the vehicle on the local road network. • Allowing the vehicle to continue to be kept at the property will facilitate travel of the RAV on an unsuitable road network, adversely impacting on traffic flows and compromising the safety of other roads users. It is recommended that the Council refuse the application for the Parking of Commercial Vehicles (One (1) Prime Mover and One (1) Trailer) on Lot 5 (No.11) Cecelia Road, Caversham.
Authorised Officer: (Executive Manager Planning and Development)
KEY ISSUES
• The application seeks approval to park one (1) Prime Mover and one (1) Trailer at Lot 5 (No.11) Cecelia Road, Caversham. The vehicle is currently being kept at the property without approval from the City.
• The vehicle is classified as a Restricted Access Vehicle (RAV). RAV's are vehicles that exceed maximum width, height, length, mass or other limit prescribed in the Road Traffic (Vehicles) Regulations 2014 and as such, are only permitted to operate on roads approved by Main Road, known as the RAV Network.
• The site subject to the application is connected to the RAV network by more than 1km of local road constructed to a rural standard.
• Despite numerous requests, the applicant has not provided Main Roads approval to operate the vehicle subject to the application on the local road network. It is assumed no such approval exists.
• The applicant declined the opportunity to modify the proposal to include the prime mover only (not a RAV) and requests Council consider the application as presented.
• The property is zoned 'Rural' under the Metropolitan Region Scheme (MRS) and 'Swan Valley Rural' under the City of Swan Local Planning Scheme No.17 (LPS17).
• The application was referred to the Swan Valley Planning Committee which recommended the application be refused in the absence of Main Roads approval to operate the vehicle on the local road network.
• Allowing the vehicle to continue to be kept at the property will facilitate travel of the RAV on an unsuitable road network, adversely impacting on traffic flows and compromising the safety of other roads users.
It is recommended that the Council refuse the application for the Parking of Commercial Vehicles (One (1) Prime Mover and One (1) Trailer) on Lot 5 (No.11) Cecelia Road, Caversham.
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AUTHORITY/DISCRETION
Pursuant to cl.65 of the Planning and Development Local Planning Schemes) Regulations 2015 Council has discretion to determine an application for an existing unauthorised development in accordance with cl.68(2) of the Planning and Development Local Planning Schemes) Regulations 2015. As such, Council may:
• grant development approval without conditions; or • grant development approval with conditions; or • refuse to grant development approval.
BACKGROUND
Approval is sought to park one (1) prime mover and one (1) trailer Lot 5 (No.11) Cecelia Road, Caversham. Both vehicles are owned and operated by the resident of the property and stored in a shed when not in use. The vehicle generally leaves the property after 4.30am and returns prior to 8.00pm Monday to Saturday.
The vehicle is classified as a Restricted Access Vehicle (RAV). RAV's are vehicles that exceed maximum width, height, length, mass or other limit prescribed in the Road Traffic (Vehicles) Regulations 2014 and as such, are only permitted to operate on roads approved by Main Roads WA, known as the RAV Network. Inclusion of new roads in the RAV network is subject to a formal assessment and approval process administered by Main Roads upon request of the road user. Assessment requires consideration of daily traffic volumes, road surface, width, length, speed limits and sightlines.
Applicant: Vanessa Hughes Owner: Vanessa Hughes Zoning: LPS17 - Swan Valley Rural MRS - Rural Existing Land Use: Single house Lot Area: 7,889 sqm PUBLIC CONSULTATION
The application was not advertised, however it is noted that the City has received complaints regarding the use of oversized vehicles and adverse impacts on safety.
CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS
Swan Valley Planning Committee
On 12 March 2018, the Committee resolved to:
"… require the applicant to liaise with Main Roads to ensure that the type of vehicle is permitted to use local roads. If no approval is forthcoming, then the application should be refused as it does not comply with clauses 8.4 and 8.10 of the Swan Valley Planning Act 1995"
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Main Roads approval was requested on a number of occasions but not provided. Based on information available via the Main Road's website, it is understood no such approval exists.
Objectives of the Swan Valley Planning Act 1995 cited by the Committee in reference to its reason for refusal are as follows:
8.4 The encouragement of traditional activities of the Swan Valley and industries associated with viticulture, horticulture and cottage industry provided that they are compatible with the rural character of the area.
City staff agree with the Committee's position relating to Objective 8.4.
8.10 The avoidance of overstocking, of activities causing pollution or degradation of the environment and of any other land management practices detrimental to the amenity of the area.
City staff disagree with the Committee's position relating to Objective 8.10 as the proposal does not involve an activity which would result in excessive pollution or environmental degradation.
Main Roads Western Australia
Details of the RAV Network are available via the Main Roads website. The application was not referred to Main Roads.
ASSESSMENT
Zoning & Permissibility of Land Use
Clause 5.10 of LPS17 states that an application for parking a maximum of 1 motorised commercial vehicle and 1 trailer may be approved on the land. Notwithstanding, the Scheme's explanatory notes relating to the parking commercial vehicles state:
"approval will not be granted for the parking of restricted access vehicles (RAVs) unless the applicant can demonstrate approval has been granted from the relevant authority for the operation of these vehicles within the road network".
Clause 67 of the Planning and Development (Local Planning Scheme) Regulations 2015 requires that a decision maker consider the capacity of the road system in the locality and probable effect on traffic flow and safety when considering an application for planning approval.
Traffic and Safety
West Swan Road is located approximately 1km from the subject site and forms part of the Main Roads approved RAV network. Four (4) route options traversing the local road network are available to drivers seeking to access West Swan Road from the site as described below:
Route 1: West Swan Road via Cecelia Road, De Burgh Road and Bertram Road
1.1 kilometres of sealed access roads with unsealed shoulders and a minimum 5m wide carriageway. Roadside drainage swales exist within the verge alongside the majority of the route, in some sections on both sides of the road.
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Route 2: West Swan Road via Cecelia Road and De Burgh Road
1.4 kilometres of sealed access roads with unsealed shoulders and a minimum 5m wide carriageway. Roadside swales exist within the verge, in some sections on both sides of the road. A number of blind bends are noted present this route.
Route 3: West Swan Road via Cecelia Road and Caversham Avenue
1.4 kilometres of sealed access roads with unsealed shoulders and a minimum 4.5m wide carriageway. Roadside swales exist within the verge alongside the majority of the route.
Route 4: West Swan Road Cecelia Road, Caversham Road, Adams Road and Woodward Avenue
1.5 kilometres of sealed access roads with unsealed shoulders and a minimum 4m wide carriageway. Open roadside swales exist within the verge alongside the majority of the route, in some sections alongside on both sides of the road.
Route options from the site subject to the RAV Network as described above are generally narrow (between 4m and 5m wide) with unsealed shoulders. Roadside drainage swales within the verge limit the capacity for two-way traffic to travel safely along the road and present significant difficulty for vehicles required to pull off the road to allow an RAV to pass. City staff are of the view in the absence of significant road upgrades in the locality (which are not proposed as part of this application); this situation will result in disrupted traffic flows and adversely impact on the safety of the local road network.
Accordingly, it is recommended the application be refused.
OPTIONS AND IMPLICATIONS
Option 1: That Council resolve to:
1) Refuse the application for Parking of Commercial Vehicles (One (1) Commercial Vehicle and One (1) Trailer) at Lot 5 (No.11) Cecilia Road, Caversham under Local Planning Scheme No.17 for the following reason:
1. The local road network is not designed to accommodate the Restricted Access Vehicle subject of the application. Parking the vehicle at the subject site would adversely impact traffic flows and safety of the local road network.
2) The proposal does not comply with Objective 8.2 of the Swan Valley Planning Act 1995, which encourages traditional activities of the Swan Valley and industries associated with viticulture, horticulture and cottage industry provided that they are compatible with the rural character of the area.
Implications: The landowner/applicant will not be able to proceed with to park commercial vehicles at the site. The landowner/applicant would have the right of review to the State Administrative Tribunal.
This is the recommended option.
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Option 2: That Council resolve to:
1) Approve the application for Parking of Commercial Vehicles (One (1) Commercial Vehicle and One (1) Trailer) at Lot 5 (No.11) Cecilia Road, Caversham under Local Planning Scheme No. 17 subject to the following conditions:
1) This approval is for "Parking of Commercial Vehicles" (1 Prime Mover and 1 Trailer - Class 1 Restricted Access Vehicle)” as defined in the City's Local Planning Scheme No. 17.
2) This approval is only for the occupier of the land who must also be:
• the owner of; or
• the driver of; or
• the proprietor of a business which owns or operates
every commercial vehicle (including trailer designed to be used in conjunction with the commercial vehicle) which is to be parked or garaged on the lot.
3) The approved commercial vehicles (1 Prime Mover and 1 Trailer) shall only be parked within the existing shed on the site.
4) The applicant/owner shall construct a shoulder adjacent the vehicle access point onto Cecelia Road to the City's specifications within 90 days of this approval.
5) The applicant/owner shall upgrade the crossover in accordance with the City’s specifications within 60 days of the date of this approval.
6) Commercial vehicles shall only be operated on the site between 4.30am and 8.00pm Monday to Saturday.
7) Commercial vehicles shall not be parked on the verge at any time.
Implications: The landowner/applicant may continue to park the vehicles at the property.
This is not the recommended option.
ATTACHMENTS
Location Plan
Site Plan
Site Photos
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STRATEGIC IMPLICATIONS
Nil.
STATUTORY IMPLICATIONS
Planning and Development Act 2005
Planning and Development (Local Planning Schemes) Regulations 2015
Swan Valley Planning Act 1995
Metropolitan Region Scheme
Local Planning Scheme No.17
FINANCIAL IMPLICATIONS
Nil.
VOTING REQUIREMENTS
Simple majority
RECOMMENDATION
That the Council resolve to:
1) Refuse the application for Parking of Commercial Vehicles (One (1) Commercial Vehicle and One (1) Trailer) at Lot 5 (No.11) Cecilia Road, Caversham under Local Planning Scheme No.17 for the following reasons:
1. The local road network is not designed to accommodate the Restricted Access Vehicle subject of the application. Parking the vehicle at the subject site would adversely impact traffic flows and safety of the local road network.
2. The proposal does not comply with Objective 8.2 of the Swan Valley Planning Act 1995, which encourages traditional activities of the Swan Valley and industries associated with viticulture, horticulture and cottage industry provided that they are compatible with the rural character of the area.
CARRIED
DISCLAIMER: Information shown here on is a composite ofinformation from various different data sources. Users are warned that the information is provided by the City of Swan in this format as a general resource on the understanding that it is not suitable as a basis for decision making without verification with the original source.
10/04/2018
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MAIN ROADS RESTRICTED ACCESS VEHICLE NETWORK (accessed from https://mrapps.mainroads.wa.gov.au/hvsnetworkmap 10 April 2018)
