Ordinary Meeting of Council 14 January 2015 3.6 APPLICATION FOR RETROSPECTIVE APPROVAL OF STORAGE YARD - LOT 351 ORCHARD AVENUE, MIDVALE (DA507-14) Ward: (Midland/Guildford Ward) (Statutory Planning) Disclosure of Interest: Nil Authorised Officer: (Executive Manager Planning and Development) KEY ISSUES • The application seeks retrospective approval for a temporary storage yard for earthmoving equipment until 1 July 2016. • The City’s Development Compliance department first contacted the owner in relation to the unapproved use in February 2011. The matter has recently been heard in the Midland Magistrates Court where it was adjourned until 2 February 2015. A retrospective application was submitted to the City on 3 July 2014. • The site is currently zoned ‘Residential Development’ in Local Planning Scheme 17 (LPS17). Accordingly, the City is not to approve the development application unless the development and use of the land is in accordance with an approved structure plan. • In the absence of a structure plan, LPS17 identifies that City’s officers are to be satisfied that the proposed development will not prejudice the specific purposes and requirements of the Structure Planning Area. • The proposal was advertised to all landowners within 150m of the subject property. One (1) submission of ‘non objection’ was received. • City officers consider that the proposed use is inconsistent with the objectives of the Residential Development zoning and will adversely affect the amenity of the locality. It is recommended that the Council refuse the retrospective application for a temporary storage yard at Lot 351 Orchard Avenue, Midvale pursuant to Local Planning Scheme No.17. AUTHORITY/DISCRETION The Council may approve (with or without conditions) or refuse the application. If the owner(s) is aggrieved with the decision of Council a right of appeal may exist in accordance with Part 14 of the Planning and Development Act 2005. Page 1
Transcript
Ordinary Meeting of Council 14 January 2015
3.6 APPLICATION FOR RETROSPECTIVE APPROVAL OF STORAGE YARD - LOT 351 ORCHARD AVENUE, MIDVALE (DA507-14)
Authorised Officer: (Executive Manager Planning and Development)
KEY ISSUES
• The application seeks retrospective approval for a temporary storage yard for earthmoving equipment until 1 July 2016.
• The City’s Development Compliance department first contacted the owner in relation to the unapproved use in February 2011. The matter has recently been heard in the Midland Magistrates Court where it was adjourned until 2 February 2015. A retrospective application was submitted to the City on 3 July 2014.
• The site is currently zoned ‘Residential Development’ in Local Planning Scheme 17 (LPS17). Accordingly, the City is not to approve the development application unless the development and use of the land is in accordance with an approved structure plan.
• In the absence of a structure plan, LPS17 identifies that City’s officers are to be satisfied that the proposed development will not prejudice the specific purposes and requirements of the Structure Planning Area.
• The proposal was advertised to all landowners within 150m of the subject property. One (1) submission of ‘non objection’ was received.
• City officers consider that the proposed use is inconsistent with the objectives of the Residential Development zoning and will adversely affect the amenity of the locality.
It is recommended that the Council refuse the retrospective application for a temporary storage yard at Lot 351 Orchard Avenue, Midvale pursuant to Local Planning Scheme No.17.
AUTHORITY/DISCRETION
The Council may approve (with or without conditions) or refuse the application. If the owner(s) is aggrieved with the decision of Council a right of appeal may exist in accordance with Part 14 of the Planning and Development Act 2005.
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Ordinary Meeting of Council 14 January 2015
BACKGROUND
Applicant: Joseph Fondacaro Owner: Joseph Annunziato Fondacaro and Josianne Ruth
Fondacaro Zoning: LPS17 - Residential Development MRS - Urban Strategy/Policy: POL-TP-128 Building and Development Standards-
Residential Zones, POL-TP-129 Building and Development Standards- Vehicle Parking Standards
Development Scheme: LPS17 Existing Land Use: Single Dwelling with Home Occupation Lot Size: 13,723m2 Use Class: Development and use of land within the ‘Residential
Development’ zone is to be in accordance with the approved Structure Plan
DETAILS OF THE PROPOSAL
The application seeks retrospective approval for a storage yard (earth moving equipment and sea containers) at Lot 351 Orchard Avenue, Midvale. The applicant wishes to apply for temporary approval and has identified that all the equipment currently stored on site is to be removed by 1 July 2016.
DESCRIPTION OF SITE
Lot 351 Orchard Avenue, Midvale is located to the east of Roe Highway and west of Orchard Avenue. A 330 kV power line runs along the western boundary of the site and is subject to a western power easement. The topography of the site is flat while low lying landscaping and vegetation is only located within close proximity of the existing dwelling.
SITE HISTORY/PREVIOUS APPROVALS
• Conditional approval was granted for a home occupation in association with a small scale earth moving business (DA 5866/ 1990). The approval related to the use of an existing room within the dwelling for the purposes of administration and accounts. The conditional approval identified that only one commercial vehicle is to be parked or remain stationary on the lot at any one time.
• The lot was recently subject to a draft Structure Plan 17 (2010) however, this did not proceed to final approval and adoption.
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OTHER RELEVANT PREVIOUS DECISIONS OF COUNCIL
Retrospective approval was granted for a transport depot nearby on Lot 51 Orchard Avenue, Midvale on 21 November 2014 (DA208/2013 refers). The area of the property containing the transport depot is fully within the Metropolitan Region Scheme (MRS) Primary Regional Road reservation.
The application was supported by Main Roads which has an agreement in place to resume that land when required. Approval was granted as it was considered not to prejudice the reservation of the land as Primary Regional Road.
APPLICANT'S SUBMISSION
"We have resided and partially operated our business from our residence located at Lot 351 Orchard Avenue Midvale since 1986 with a home business approval.
We expanded and out grew our original permit when we moved most of our equipment away to the mines.
In late 2009, we manufactured a new piece of equipment in Perth and did a trial assembly and fit out at Orchard Avenue, once this was approved by our client it was to be dismantled and shipped to our Darwin project.
Unfortunately, after our client inspected and approved the equipment, they reneged on the contract for this new piece of equipment; hence the equipment is still stored in our yard in Midvale.
In December 2009 our client then also terminated our contract for our main plant located on the mine site in the Northern Territory. In May 2010 we were forced to sell whatever equipment we could in Darwin and the remainder of the equipment was transported back to Midvale.
We suffered severe financial hardship and health issues until late 2012 when we were successful in securing another mining contract until November 2013, when again the mine compromised our contract and terminated our services.
We were again forced to relocate some of the equipment to Midvale and some we managed to store in Merredin.
We are financially hurting and are pursuing compensation for our contract termination through the Supreme Court of WA.
I and the Company are doing everything possible to dispose of or relocate the equipment back to Merredin, but unfortunately we are restricted by serious cashflow problems.
I and the Company are requesting an 18 months to 24 months extension to be able to move the equipment off the premises.
We do give the undertaking and commitment to vacate the premises before the new proposed subdivision in 24-36 months proceeds. We do not wish to reside at Orchard Avenue when this turns into a housing sub-division.
I am affected continually by the continual noise from the Roe Highway, main goods train rail line and the overhead flight pass noise.
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I reaffirm that we will have all of the equipment offsite by the 1st July 2016 or sooner if we are granted the extension."
PUBLIC CONSULTATION
The proposal was advertised to all landowners within 150m of the subject property. One (1) submission of ‘non objection’ was received.
CONSULTATION WITH OTHER AGENCIES AND/OR CONSULTANTS
Western Power
Consultation with Western Power has identified that there is an easement C416372 registered over this lot to protect the Kwinana - Northern Terminal (91) 330kV Transmission Line.
This easement states the owner will:
"Keep the land free from all structures buildings and improvements and any materials of whatsoever kind or nature except such structures buildings and improvements and materials as shall be first approved in writing by the Commission and then only in accordance with plans and specifications and upon the site or sites as shall be approved by the commission."
It is understood that the property owner does not have dispensation from the above condition.
Main Road Western Australia
Main Roads has no objection to the above application subject to the following conditions:
"1. No vehicle access shall be permitted onto the Roe Highway reserve.
2. No earthworks shall encroach onto the Roe Highway reserve.
3. No stormwater drainage shall be discharged onto the Roe Highway reserve."
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DETAILS
Permissibility of Use
The Scheme zoning table identifies that development in the Residential Development zone is to be in accordance with an approved Structure Plan.
Clause 5A.1.4.1 identifies that the local government is not to:
a) consider recommending subdivision; or
b) approve development
of land within a Structure Planning Area unless there is a structure plan for the area or for the relevant part of that area that adequately defines the comprehensive planning detail required to guide orderly subdivision and development for urban land use.
However, under clause 5A.1.4.2
"… a local government may recommend subdivision or approve the development of land within a Structure Planning Area prior to a structure plan coming into effect in relation to that land, if the local government is satisfied that this will not prejudice the specific purposes and requirements of the Structure Planning Area."
Impact of the development upon structure planning area
There is currently no approved structure plan affecting the subject lot; therefore the City is to be satisfied that the proposed use would not prejudice the specific purposes and requirements of the structure planning area.
The scheme identifies that the objectives of the zone will be applied by Council to determine the appropriateness in a particular zone of discretionary uses, or those uses not listed in the Zoning Table. Accordingly, an assessment has been undertaken considering the compatibility of the use with the objectives of the ‘Residential Development’ zone.
Objectives of the Residential Development Zone:-
(a) provide for the coordinated development of future residential areas through the application of a comprehensive plan to guide subdivision and development to be known as a “Structure Plan”;
There is no proposed or endorsed structure plan affecting the lot.
(b) provide for predominantly residential development, but including also a range of compatible services, consistent with the needs of an integrated neighbourhood, and planned so as to minimise adverse impacts on amenity;
The proposed storage yard would have a negative impact upon the visual amenity of the locality due to the unsightly and industrial appearance of the earth moving equipment and associated sea containers. Furthermore, it is not compatible with the needs of the desired integrated neighbourhood and is considered better suited to a commercial or industrial zone, where such uses are intended.
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(c) avoid the development of land for any purposes or at a time when it is likely to compromise development elsewhere in the district or prejudice the future development of land in the Residential Development zone for more appropriate purposes;
The proposed use is not considered conducive to the residential development zoning. Given no draft structure plan is currently being progressed for adoption, the City cannot be satisfied that the proposed development would “not prejudice the specific purposes and requirements of the structure planning area” due to the nature of the use and its incompatibility with the desired residential zoning.
(d) take account of the need to protect the amenity and on-going use of adjacent property owners as well as to provide for the needs of future residents.
The proposed storage use is not considered to be in keeping with its current setting and is not compatible with the objectives of the Residential Development zone.
It is recommended that the City refuse the application for temporary approval as this could set a precedent for similar types of development within the locality, and ultimately compromise the transitional nature of the zone.
Parking Adequacy:
Parking has not been assessed in detail as the application is considered to be inconsistent with the objectives of the Residential Development zone and detrimental to the current and future intended amenity of the locality. If Council were to grant approval for the storage yard, it is considered that there would be sufficient space to accommodate the additional car parking requirements onsite, and is to be conditioned accordingly.
OPTIONS AND IMPLICATIONS
Option 1: Council may resolve to refuse the application for retrospective approval of the Storage Yard at Lot 351 Orchard Avenue, Midvale on the grounds that the proposed use is inconsistent with the objectives of the zoning and will adversely affect the amenity of the locality.
Implications: The applicant will have the right of a review of the decision by the State Administrative Tribunal.
This is the recommended option.
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Option 2: Council may resolve to approve the application for the retrospective approval of the Storage Yard for a temporary period at Lot 351 Orchard Avenue, Midvale, subject to conditions, including:
1. This approval is for a temporary storage yard, and is valid until 1 July 2016. Following expiry of this period, all materials, buildings and structures are to be removed, and the development shall not continue unless further development approval is granted by the City.
2. The applicant is to provide a car parking plan to the satisfaction of the Manager of Planning Approvals in accordance with Council Policy POL-TP-129 Vehicle Parking Standards. Plans shall be submitted within 30 days of this approval and the construction of the required bays is to be completed within 60 days.
3. The applicant is to provide detailed elevations of all unapproved sea containers and storage sheds to the satisfaction of the Manager of Planning Approvals. Plans shall be submitted within 30 days of this approval.
4. The applicant is to provide a stormwater plan to the satisfaction of the manager of Engineering. Plans shall be submitted within 30 days of this approval and any associated works are to be completed within 60 days.
5. All crossovers must be built and maintained in accordance with City's specifications.
6. 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.
7. The hardstand is to be designed to withstand anticipated loads and drained to the satisfaction of the City's engineering department.
8. No vehicle access shall be permitted onto the Roe Highway reserve.
9. No earthworks shall encroach onto the Roe Highway reserve.
10. No stormwater drainage shall be discharged onto the Roe Highway reserve.
Implications: The applicant would be able to use the site as storage for a temporary period, and continue to have a negative impact upon the visual amenity of the locality due to the unsightly and industrial appearance of the earth moving equipment and associated sea containers.
This is not the recommended option.
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Ordinary Meeting of Council 14 January 2015
CONCLUSION
The application seeks Council’s retrospective approval for temporary storage of earthmoving equipment and sea containers at Lot 351 Orchard Avenue, Midvale until 1 July 2016. The application was referred to 9 (nine) landowners within 150m of the subject property or located within close proximity to Orchard Avenue. A single ‘non objection’ was received.
The City’s Compliance Department first contacted the owner in relation to the unapproved use on 17 February 2011, and the retrospective application was submitted on 3 July 2014.
The proposed storage use is not considered in keeping with its current rural setting and is not compatible with the objectives of the Residential Development zone. It is recommended that the Council refuse the application for temporary approval as it is inconsistent with the objectives of the zoning and will adversely affect the amenity of the locality.
ATTACHMENTS
Locality Plan
Site Plan
Schedule of submissions
STRATEGIC IMPLICATIONS
Nil.
STATUTORY IMPLICATIONS
• Local Planning Scheme No.17
• Pol-TP-129 Vehicle Parking Standards
• Pol-TP-128 Building and Development Standards- Residential Zones
FINANCIAL IMPLICATIONS
Nil.
VOTING REQUIREMENTS
Simple majority
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Ordinary Meeting of Council 14 January 2015
RECOMMENDATION
That the Council resolve to:
1) Refuse the retrospective application for a temporary Storage Yard on Lot 351 Orchard Avenue, Midvale as it is inconsistent with the objectives of the zoning and will adversely affect the amenity of the locality.
2) Advise the applicant of the Council's decision accordingly.
MOTION that the Council resolve to:
1) Approve the application for the retrospective approval of the Storage Yard for a temporary period at Lot 351 Orchard Avenue, Midvale, subject to the following conditions:
1. This approval is for a temporary storage yard, and is valid until 1 July 2016. Following expiry of this period, all materials, buildings and structures are to be removed, and the development shall not continue unless further development approval is granted by the City.
2. The applicant is to provide a car parking plan to the satisfaction of the Manager of Planning Approvals in accordance with Council Policy POL-TP-129 Vehicle Parking Standards. Plans shall be submitted within 30 days of this approval and the construction of the required bays is to be completed within 60 days.
3. The applicant is to provide detailed elevations of all unapproved sea containers and storage sheds to the satisfaction of the Manager of Planning Approvals. Plans shall be submitted within 30 days of this approval.
4. The applicant is to provide a stormwater plan to the satisfaction of the manager of Engineering. Plans shall be submitted within 30 days of this approval and any associated works are to be completed within 60 days.
5. All crossovers must be built and maintained in accordance with City's specifications.
6. 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.
7. The hardstand is to be designed to withstand anticipated loads and drained to the satisfaction of the City's engineering department.
8. No vehicle access shall be permitted onto the Roe Highway reserve.
9. No earthworks shall encroach onto the Roe Highway reserve.
10. No stormwater drainage shall be discharged onto the Roe Highway reserve.
2) Advise the applicant of the Council's decision accordingly.
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3) Record the reason for changing the staff recommendation is to allow the applicant to use the site as storage for a temporary period.
(Cr Parasiliti- Cr P Williams)
RESOLVED UNANIMOUSLY TO:
1) Approve the application for the retrospective approval of the Storage Yard for a temporary period at Lot 351 Orchard Avenue, Midvale, subject to the following conditions:
1. This approval is for a temporary storage yard, and is valid until 1 July 2016. Following expiry of this period, all materials, buildings and structures are to be removed, and the development shall not continue unless further development approval is granted by the City.
2. The applicant is to provide a car parking plan to the satisfaction of the Manager of Planning Approvals in accordance with Council Policy POL-TP-129 Vehicle Parking Standards. Plans shall be submitted within 30 days of this approval and the construction of the required bays is to be completed within 60 days.
3. The applicant is to provide detailed elevations of all unapproved sea containers and storage sheds to the satisfaction of the Manager of Planning Approvals. Plans shall be submitted within 30 days of this approval.
4. The applicant is to provide a stormwater plan to the satisfaction of the manager of Engineering. Plans shall be submitted within 30 days of this approval and any associated works are to be completed within 60 days.
5. All crossovers must be built and maintained in accordance with City's specifications.
6. 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.
7. The hardstand is to be designed to withstand anticipated loads and drained to the satisfaction of the City's engineering department.
8. No vehicle access shall be permitted onto the Roe Highway reserve.
9. No earthworks shall encroach onto the Roe Highway reserve.
10. No stormwater drainage shall be discharged onto the Roe Highway reserve.
2) Advise the applicant of the Council's decision accordingly.
3) Record the reason for changing the staff recommendation is to allow the applicant to use the site as storage for a temporary period.
